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Home My WebLink About1979-12-03 (Regular) Meeting Agenda• - • • 0 CITY COIEU. ' I IS -baular .O.O•••r 3, lt79 j ~ ---------- .. - • • • CITY COUNCIL MEETING December 3, 1979 • • • ORDINANCE I Po ,A(, /, _j([,-<ff, 5 <51 , 53 RESOLUTION I~~ 51, 52, 53 • 0 0 • I . - • • • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 3, 1979 7:30 P.M. Call to order, invocation by the Reverend Andy Hornbaker, Calvery Baptist Church, 4881 South Acoma Street, pledge of allegiance by B&y ~eew5 T5eep #154, and roll call. ~vr 1. Minutes. Minutes of the regular meeting of November 19, 1979. (Copies enclosed.) 2. Pre-Scheduled Visitors. 3. Other Visitors. 4. Public Hearing . Communications -No Action Recommended. (a) Minutes of the Housing Authority meeting of November 1, 1979. (Copies enclosed .) (b) Minutes of the Planning and Zoning Commission meeting of November 7, 1979. (Copies enclosed.) (c) Minutes of the Downtown Development Authority meeting of November 14, 1979. (Copies enclosed.) (d) Memorandum from the Director of Parks and Recreation to the City Manager concerning his attendance at the National Congress for Parks and Recreation, New Orleans, LA, October 28 to November 1, 1979. (Copies enclosed.) I • - • • • • • Page 2 December 3 , 1979 Agenda 5. Communications-No Action Recommended (Continued). [_(e) (f) Memorandum from the Director of the Wastewater Treatment Plant to the City Manager concerning his attendance at the Water Pollution Control Federation Conference in Houston, Texas on October 7-12, 1979 . (Copies enclosed .) Financial Report through the month of September, 1979. (Copies enclosed.) 6. Communications -Action Recommended. (a) ;u~'l~~ ,--r-I • U'~'11 b ~ (f h td- Memorandum from the Planning and Zoning Commis- sion to City Council concerning an EDDA proposal relating to improvements of parking and enhance- ment of business places in the 3400 block of South Broadway, South Lincoln, and the 00 block of East Girard and East Hampden. (Copies enclosed.) • 7. City Attorney. Ordinances on Final Reading. (a) Ordinance approving an agreement between the City of Littleton and City of Englewood relating to the Bi-City Plant. (Copies enclosed.) (b) Ordinance amending Chapter 9 , Article XI , by ~.lg adding a new section relating to shop lifting ~~ ~and right to detain and question . (Copies . ~~~ 1 ~ '\\ 1 enclosed.) UU (c) Ordinance vacating a portion of that certain right-of-way contained in Block 4 , Bank Addition , JJ . 1q City of Englewood, County of Arapahoe, Colorado, ~ ~ and retaining easements therein . (3100 block of South Clarkson) (Copies enclosed.) (d) Ordinance vacating a portion of that certain right-of-way contained in Timber Lea Planned Development area within the City of Englewood, County o f Arapahoe, State of Colorado . (Copies enclosed.) (e) Ordinance vacating a portion of West Quincy Place contained within Hayes Subdivision in the City of Englewood , County of Arapahoe, State of Colorado. (Copies enclosed .) I • -• • - Page 3 December 3, 1979 Agenda 7. City Attorney (Continued). Bills for Ordinances. ~g~; ___ , (f) Bill amending Section 61, Chapter 2, Title XII, ~~~~ .I of the 1969 Englewood Municipal Code by dele- (J & -lt-.5-r gating authority to the Director of Community · t L . Development and the Director of PubUJ:.J1,Jorks ~{)UJ ()' ~ All ' 11 to grant encroachment permits for fi:~ retaining f walls, awnings, canopies, and marquees and declaring an emergency. (Copies enclosed .) ~~~ (g) Bill approving an agreement to enter into an (!taP~ Employee Benefit Trust Agreement with other :::' ;f: ~19Colorado municipalities for the administration 1~1 of employee welfare benefit and insurance plans. ----l ~ (Copies enclosed.) 't/J . .-nv U (h) Bill granting to the Englewood Housing Authority ·~ $190,500 for the Englewood Home Rehibilitation ~~~ Program and amending an agreement between the · • .._v., <L"-'( City of Englewood and the Englewood Housing ~~1~~Authority for administration of the Home Reba- • ~ ~0 bilitation Program. (Copies enclosed.) u-Resolutions. fi_Ud . (i) Resolution approving a Master Plan for the City of Englewood, Colorado, entitled "The 1979 Comprehensive Plan." (Copies enclosed.) (j) Resolution approving application to change location of a retail liquor store of Old Town Liquors from 325 East Jefferson to 1215 East Hampden Avenue, Englewood, Colorado. (Copies enclosed.) Other Matters. (~~~icp~y~ 8. City Manager. (a) Memorandum from the Assistant City Manager to the City Manager concerning budget retreat information requests from City Council. (Copies enclosed.) (b) Manager's Choice. . . -~--ud --tJL .fYl ~?'1 ;adu>~ f&t')w "t.~ I • • - - • • • • Page 4 December 3, 1979 Agenda 9. General Discussion. (a) Mayor's Choice. (b) Council Member's Choice. 10 . Adjournment . ~, '""'~~~~/} ~-. c· t-'./1. Y i ~ <.V JIMMit E. cfURNES Acting City Manager • I • • - - ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO November 19, 1979 /tL The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 19, 1979, at 7:30p.m. The invocation was given by Councilman Donald L. R. Smith. The Pledge of Allegiance was led by Mayor Taylor. Municipal Judge Louis J. Parkinson was present and ad- ministered the oath of office to Council Member-Elect Mrs. Betty Keena, District IV, and Council Member-Elect Mr. Joe Bilo, At Large. The Council welcomed and congratulated Mrs. Keena and Mr. Bilo to their newly assigned offices. Mrs. Keena and Mr. Bilo introduced their respective family members who were in attendance for the installation ceremonies. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Giseburt, Smith, Keena, Clayton, Bilo, Taylor. Absent: Council Member Williams The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Municipal Judge Parkinson Director of Community Development Wanush Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 5, 1979. Council Member Giseburt sec- onded the motion. Upon a call of the roll, the vote resulted as follows: • I • • - - • • November 19, 1979 Page 2 Ayes : Nays: Abstain: Absent: • • • Council Members Giseburt, Smith, Clayton, Taylor. None. Council Members Keena, Bilo. Council Member Williams. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER SMITH MOVED TO SUSPEND THE RULES FOR THE PURPOSE OF APPOINTING A MAYOR PRO TEM. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Giseburt, Smith, Keena, Clayton, Bilo, Taylor. None. Council Member Williams. The Mayor declared the motion carried. Mayor Taylor opened the floor for nominations for Mayor Pro Tern. Council Member Giseburt nominated Council Member Clayton. Council Member Bilo seconded the nomination. There were no other nominations. COUNCIL MEMBER GISEBURT MOVED TO CLOSE THE NOMINATIONS AND ELECT COUNCIL MEMBER CLAYTON AS MAYOR PRO TEM. Council Member Smith seconded the motion. Upon a call of the roll, the vote result- ed as follows: Ayes : Nays: Absent : Council Members Giseburt, Smith , Keena, Clayton, Bilo , Taylor. None. Council Member Williams. The Mayor declared the motion carried and declared Council Member Clayton as Mayor Pro Tern replacing Vern Mann. * * * * * * I • - (. • • ( • November 19, 1979 Page 3 • • • Mr. Jerry Feather, President of John W's, was present and requested that the application for Liquor License Premise Remodeling for the Dart Board, 3467 South Broadway, be approved. COUNCIL MEMBER SMITH MOVED THAT THE APPLICATION FOR REMODELING BE APPROVED. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes : Nays: Absent : Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * There were no other visitors to be heard at this time. * * * * * * City Manager McCown introduced Gary R. Higbee, the newly appointed Director of Finance/ex officio City Clerk-Treasurer for the City of Englewood. The Council welcomed Mr. Higbee as the new Director of Finance and congratulated him on the appointment. * * * * * * "Communications -No Action Recormnended" on the agenda were received : (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Appeals meeting of September 12, 1979 • Minutes of the Englewood Housing Authority meeting of October 3, 1979. Minutes of the Planning and Zoning Commission meeting of October 16, 1979. Minutes of the Denver Regional Council of Go v ernments meeting of October 17, 1979. Memorandum from the Director of Cormnunity Development to the City Manager concerning • I • - • --- November 19, 1979 Page 4 (f) (g) • • • the Executive Director's -Housing-attend- ance at the NAHRO Mountain Plains Regional Conference in August at Bismark, North Dakota. Memorandum from the City Manager to City Coun- cil concerning attendance of himself, Assist- ant City Manager and Administrative Assistant at the Annual ICMA Conference in Phoenix, Arizona. Memorandum from the Municipal Court Judge to the City Manager concerning the Activity Report for the month o f October, 1979. * * * * * * Director of Community Development Wanush presented a recommendation from the Planning and Zoning Commission meeting of September 5, 1979, concerning the vacation of the Acoma/Bannock alley just north of West Jefferson Avenue. Mr. Wanush stated Mr. Davis who was still in Alaska was requesting that the matter be postponed until January, 1980. COUNCIL MEMBER CLAYTON MOVED THAT THE MATTER BE DELAYED UNTIL THE SECOND REGULAR COUNCIL MEETING IN JANUARY, 1980. Coun- cil Member Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. Nays : None. Absent : Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor recognized the new Council Members-Elect who were in the audience. They were: Tom Fitzpatrick District I John Neal District II Jim Higday District III Beverly Bradshaw At Large Gene Otis At Large * * * * * * I . - • • ( • ~-- November 19, 1979 Page 5 • • • City Manager McCown presented a memorandum from the Di- rector of Finance concerning various liquor license renewals. COUNCIL MEMBER GISEBURT MOVED TO GRANT LIQUOR LICENSE RENEWALS TO THE FOLLOWING: NAME ADDRESS TYPE BXIrHARBOR 3484 s. BROADWAY ntVE'RN BELLEVIEW BOWL 4900 s. FEDERAL BLVD. TAVERN DART BOARD 3467 s. BROADWAY TAVERN ENGLEWOOD ELKS LODGE 3690 s. JASON CLUB FRATERNAL ORDER OF EAGLES 3383 S. BROADWAY CLUB GLASS BOTTLE LIQUORS 336 W. HAMPDEN AVE. RETAIL LIQ. STORE HAMPDEN WEST 3517 s. ELATI HOTEL/RES- TAU RANT HILDA'S CAFE 4386 s. BROADWAY TAVERN KNIGHTS OF COLUMBUS 3800 s. WINDERMERE CLUB M D DRUG STORE 2895 s. BROADWAY DRUG STORE SOUTH RESTAURANT 3535 s. HURON HOTEL/RES- TAU RANT SUPREME LIQUORS 5112 s. BROADWAY RETAIL LIQ. STORE THOROBRED LIQUORS 5050 s. FEDERAL BLVD. RETAIL LIQ. STORE V.F.W.-ENGLEWOOD POST 322 3860 s. JASON CLUB ZIMMERMAN'S RESTAURANT & 2796 s. BROADWAY HOTEL/RES-LOUNGE TAURANT Council Member Bilo seconded the motion. Council Member Smith queried why the incident at Thoro- bred Liquors had not been investigated further and stated the in- cident suggested possible liquor violation. Upon a call of the roll, the vote on Council Member Giseburt's motion resulted as follows: Ayes : Nays: Absent : Council Members Giseburt, Keena, Bilo, Clayton, Taylor. Council Member Smith. Council Member Williams. The Mayor declared the motion carried. * * * * * * Director of Community Development Wanush presented a memorandum concerning an Intergovernmental Personnel Action Re- I . • - - • • • • • • -~--~--~------------~------ No v emb e r 19 , 1 9 79 Page 6 quest. Mr. Wanush requested that a letter be submitted to the Regional Administrator, Department of Housing and Urban Develop- ment regarding an Intergovernmental Personnel Action assignment of a member of the Housing Production Staff to the City of Engle- wood to be assigned to the Community Development Department. Di- rector Wanush stated the purpose of the request was for an addi- tional person in the Housing Division. Director Wanush stated the contract would be for one year and the employee's salary would be shared by both the federal government and the City. City funds could be made available through the Community Development Block Grant Program that the City has already received. COUNCIL MEMBER CLAYTON MOVED TO PASS THE REQUEST FOR ADDITIONAL PERSONNEL FROM HUD. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bile, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. 44 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER CLAYTON AN ORDINANCE AMENDING SUBSECTION (a) (8) OF SECTION 9, CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY INCREASING THE SCHEDULE OF RATES AND CHARGES FOR SEWERAGE SERVICE • COUNCIL MEMBER CLAYTON MOVED TO PASS COUNCIL BILL NO. 44, SERIES OF 1979, ON FINAL READING. Council Member Giseburt s e conded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Giseburt, Smith, Keena, Bile, Clayton, Tay l or • None. Council Member Williams • I • - - • • • November 19, 1979 Page 7 • • • The Mayor declared the motion carried. ORDINANCE NO. 4S SERIES OF 1979 * * * ~ * * BY AUTHORITY COUNCIL BILL NO. 4S INTRODUCED BY COUNCIL MEMBER CLAYTON AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 11, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE PROVIDING GENER- ALLY FOR THE LICENSING AND CONTROL OF DOGS AND CATS AND OTHER DOMESTICATED OR FARM ANIMALS; GENERALLY PROVIDING FOR IMPOUND- MENT, LICENSING, HOBBY BREEDERS OPERATION, VACCINATION, RECORDS, CRUELTY TO ANIMALS ; AND PROVIDING PENALTIES FOR VIOLATIONS THERE-OF. COUNCIL MEMBER CLAYTON MOVED TO PASS COUNCIL BILL NO. 4S, SERIES OF 1979, ON FINAL READING. Council Member Giseburt seconded the motion. Upon a call o f the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Giseburt, Smith, Keena, Bilo , Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. 46 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. SO INTRODUCED BY COUNCIL MEMBER SMITH AN ORDINANC E AMENDING CHAPTER 2, TITLE XIV , OF '69 E.M.C. (MODI- FICATION TO MODEL TRAFFIC RULES) BY ADDING A NEW SECTION THERETO RELATING TO RESIDENTIAL ON-STREET PARKING PERMITS. COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. SO, SERIES OF 1979, ON FINAL READING. Council Member Clayton seconded the motion. Council Member Giseburt spoke against the passage of the ordinance on the basis that residents should not be charged a fee for a permit to park in front of their property • I . • - • • • November 19, 1979 Page 8 ~-----~ • • • ----~-- Upon a call of the roll , the vote on Counc il Member Smith's motion resulted as follows: Ayes : Nays: Absent : Council Members Smith, Keena, Bilo, Clayton, Taylor. Council Member Giseburt. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER SMITH AN ORDINANCE AMENDING CHAPTER 9, ARTICLE XI, BY ADDING A NEW SECTION RELATING TO SHOPLIFTING AND RIGHT TO DETAIN AND QUES-TION AND DECLARING AN EMERGENCY. COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. 49, SERIES OF 1979, ON FIRST READING. Council Member Giseburt sec-onded the motion. A lengthly discussion ensued with Council Member Clayton opposing the bill on the basis that the court are presently over-loaded with cases of minimal theft. Upon a call of the roll, the vote on Council Member Smith's motion resulted as follows: Ayes : Nays: Absent : Council Members Giseburt, Smith, Keena, Bilo, Taylor • Council Member Clayton. Council Member Williams. The Mayor declared the motion carried and stated the the bill passed without the emergency clause since it did not receive an unanimous vote. * * * * * * I • - • • • November 19, 1979 Page 9 ORDINANCE NO. SERIES OF 1979 ---- • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER GISEBURT AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CONTAINED IN BLOCK 4, BANK ADDITION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO, AND RETAINING EASEMENTS THEREIN. COUNCIL MEMBER GISEBURT MOVED TO PASS COUNCIL BILL NO. 51, SERIES OF 1979, ON FIRST READING. Council Member Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 ---- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER GISEBURT AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CONTAINED IN TIMBER LEA PLANNED DEVELOPMENT AREA WITHIN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. COUNCIL MEMBER GISEBURT MOVED TO NO. 52, SERIES OF 1979, ON FIRST READING. Keena seconded the motion . Upon a call of vote resulted as follows: PASS COUNCIL BILL Council Member the roll, the Ayes : Nays: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor • None. I . - • • • November 19, 1979 Page 10 Absent: • • • Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER SMITH AN ORDINANCE VACATING A PORTION OF WEST QUINCY PLACE CONTAINED WITHIN HAYES SUBDIVISION IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. 53, SERIES OF 1979, ON FIRST READING. Council Member Giseburt sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9 :30 p.m. The Coun- cil reconvened at 9 :45 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor • Absent: Council Member Williams. The Mayor declared a quorum present. RESOLl~ION NO. 47, SERIES OF 1979 * * * * * * A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE • I . • - • • ... • November 19, 1979 Page ll • • • COUNCIL MEMBER SMITH MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1979. Council Members Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. RESOLUTION NO. 48 SERIES OF 1979 * * * * * * A RESOLUTION APPOINTING THE LAW FIRM OF DAMAS AND SMITH AS SPECIAL COUNSEL FOR THE PURPOSE OF PRESENTING A PETITION FOR UNIT DETER- MINATION TO THE CAREER SERVICE BOARD OF THE CITY OF ENGLEWOOD, COLORADO. City Attorney Berardini and City Manager McCown explained the purpose of their request for special counsel to assist and to present, on behalf of the City, a Petition for Unit Determination before the Career Service Board and other consultive and advisory services during the period the Petition is pending before the Board as it relates to a situation whereby a group of City employees identified as "Mid-Managers" desire to withdraw from formal re- presentation by each of the three employee organizations. City Manage McCown informed Council that this request might qualify for additional time than what was used for the law firm's ser- vices during labor negotiations earlier this year without direct cost to the City under the Public Employers Groups, Inc. (P.E.G.). COUNCIL MEMBER SMITH MOVED TO PASS RESOLUTION NO. 48, SERIES OF 1979. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Giseburt, Smith, Keena, Bilo , Clayton, Taylor • None. Council Member Williams. Th e May or declared the motion carried • * * * * * * I • - =-- • • • November 19, 1979 Page 12 • • • City Manager McCown asked for clarification on what qualified a Council Member to be eligible to vote on the liquor license application for Old Town Liquors. City Attorney Berardini stated the vote to approve or deny must be of a majority of those Council Members who heard the hearing. * * * * City Manager McCown presented a memorandum from the Di- rector of Community Development concerning authorizing admini- strative approval of encroachment requests that do not involve non-movable structures in the public right-of-way. COUNCIL MEMBER SMITH MOVED TO INSTRUCT THE CITY AT- TORNEY TO .PREPARE AN ORDINANCE CONTAINING AN EMERGENCY CLAUSE IMPLEMENTING THE RECOMMENDATION ON ENCROACHMENT PROCEDURE FROM DIRECTOR OF COMMUNITY DEVELOPMENT DATED OCTOBER 22, 1979. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum concerning the Building Code Review Committ e e appointme nts. COUNCIL MEMBER SMITH MOVED TO APPOINT FRED JANSSEN AS ONE OF THE CITIZENS TO SIT ON THE COMMITTEE. Council Member Clayton seconded the motion. Council Members Giseburt, Keena, and Smith discussed obtaining more information and background on each applicant and possibly inte rviewing them before making the appointments. Upon a call of the roll, the v ot e on Council Member Smith's motion r e sulted as follows : Ay e s : Nays : Council Members Smith, Clayton. Council Members Giseburt, Keena, Bilo, Taylor • I • - • November 1 9 , 1979 Page 13 Absent : • • • Council Member Williams. The Mayor declared the motion defeated. In r e spons e to questions from Council Members Keena and Bilo, City Manager McCown stated appointments should be made by~S ~/ the end of February of 1980. Director of Community Development ~fi Wanush stated if the appointments were delayed there would be no d£_ significant impact. ~~/ -COUNCIL MEMBER SMITH MOVED TO POSTPONE THE MATTER UNTIL j:P- THE FIRST MEETING IN JANUARY, 1980. Council Member Bilo seconded the motion. Upon a ca l l of the roll, the vote resulted as fol-lows: Ayes : Nays : Absent : Council Me mbers Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed a letter from Mountain States concerning the 1979 Annual Western Cable Television Show and Convention, De cember 12 -13, 1979, in Anaheim, California. The letter urged people in the Denver area to attend for the pur- pose o f updating know l edge of cable television capabilities. Mr. McCown s t ated Mounta i n States has offered to pay the expenses for the tr i p. Mr. McCown recomm e nded that a staff member, one or two Counci l Members and himself go the exhibit and that the ex-penses be paid f or by the City . COUNCIL MEMBER SMITH MOVED TO APPROPRIATE THE MONEY FOR THE CITY MANAGER AND TWO COUNCIL MEMBERS -ELECT WHICH IN- CLUDE COUNCIL MEMBER KEENA AND COUNCIL MEMBER BILO BE ALLOWED TO ATTEND THE 1979 ANNUAL WESTERN CABLE TELEVISION SHOW IN ANAHEIM ON THE 12TH AND 13TH OF DECEMBER AND THAT THE CITY OF ENGLEWOOD PAY THE EXPENSES FOR THE TRIP; AND THAT THE COUNCIL- ELECT AND THE TWO SEATED COUNCIL MEMBERS BE ALLOWED TO PICK FROM AMONG THEMSELVES WHO WOULD GO. Council Member Clayton seconded the mot i on. Upon a c al l of the roll, the vote resulted as fol-lows : Ayes : Counc i l Members Smith, Keena, Bilo, Clayton, Tay l or • , I • • - • • • November 19, 1979 Page 14 Nays : Absent : • • • Council Member Giseburt. Council Member Williams. The Mayor declared the motion carried. * * * * ~ * City Manager McCown stated the annual Christmas party for the employees and Council was scheduled for December 17, 1979, which was the date for the last Council meeting in December. Mr. McCown requested that the Council meeting be reset for the fol- lowing night, December 18, 1979. Mr. McCown stated Council-elect as well as the present Council were invited to attend and to make arrangements with his office. COUNCIL MEMBER SMITH MOVED TO SCHEDULE A SPECIAL COUN- CIL MEETING FOR DECEMBER 18, 1979, AT 7 :30 P.M. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ***-;'::;':* Mayor Taylor asked for an appointment of a Council Mem- ber to attend the NCL meeting in Las Vegas the latter part of the week whether it be Vern Mann who was previously designated to go but no longer on the City Council or designate a replacement. Mayor Taylor also asked for direction on sending a letter to Mr. Mann in- forming him of Council's decision. COUNCIL MEMBER CLAYTON MOVED THAT COUNCIL AUTHORIZE ONE OF THE TWO NEW COUNCIL MEMBERS OR THE COUNCIL MEMBERS-ELECT TO AT- TEND THE NATIONAL LEAGUE OF CITIES CONFERENCE IN LAS VEGAS, NOVEMBER 24 -28, 1979; AND THAT DUE TO THE FACT THAT COUNCIL MEMBER MANN IS NO LONGER A MEMBER OF COUNCIL THAT A NOTIFICATION OF THIS ACTION BE SENT TO COUNCIL MEMBER MANN; AND THAT IF NONE OF THE NEW COUNCIL MEMBERS WHETHER COUNCIL }ffiMBERS-SEATED OR COUNCIL MEMBERS-ELECT ARE ABLE TO GO THAT MR. MCCOWN BE ALLOWED TO ATTEND. Council Member Smith seconded the motion. Upon a call of the roll, the vote re- sulted as follows : • I • - - ( --- November 19, 1979 Page 15 Ayes: Nays: Absent: • • • Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried and requested that the new Council Members inform the City Manager of their choice as soon as possible. * * * * * * Mayor Taylor stated the Mayor's Christmas party was set for December 7, 1979. The tree lighting ceremonies would begin at 7 :00 p.m. followed by a Christmas party. * * * * * * Mayor Taylor informed the Council Members-Elect to remove the contents of their packet following each Council meeting and re- turn the notebook to the City Manager's office for preparation of the next meeting. * * * * * * Mayor Taylor requested all Council Members to return their Municipal Code books to the City Manager's office. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER GISEBURT MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 9 :30 p.m. . . zJ . ~ I • • - - • • • Moved Seconded Williams (_,u_? 1 lLJ /)7'-&u~YL-_ ~ _~~~1-b~ ,/ CZ.Ua"~'-- ~-Cru.. )~~~J1<47U 'zr ;..u_,( a ')')£.;) .;t,-l ~ X-(~ /U Ut..~ "<--(!/U /Jl cJ Joe h_'- Abstain Absent I . • - • • - -=s ROLL CALL M d S ove econde d A \ye Nay t 1 Abs a n Ab sent W l.lliaJD.S ,..... ./'f~AJIJI.JJ1 ? /-...... Sinith ,__ Keena ,__ C~ayton ,.,._. Bilo L-- Mayor Taylor ~ I . • • - ==-= --- ROLL CALL Moved s econded AYe Nay Abstain Absent Williams -1 v ~. ·~ J J ~ A/~ 15mith ~ Keena Clavton Bilo -Mayor Taylor - /o> a~~P'~ ~-U~ t.. /l.0 -s/ /:, jW---zu G:u . I ;). I • • - - • • • • • ROLL CALL Moved Seconded Aye WUliams JC1iAU _/ ~ /}./- 'Smith Keena Clayton Bilo Mayor Taylor c:J. 9 m-;;c.JtL~ /Z~ ifld ~lf )\..L- Nay == ---::;------ Abstain Absent I . • - • • ROLL CALL M d S ove d d econ e A \ye N ay A 1 bsta n Ab sent W1111ams ai';:L,.:.U /~~L. lrmith Keena Clayton Bilo Ma_}'or Ta_l'lor I . • - • ., • - ROLL CALL Moved Seconded Aye Nay Abstain Absent Wllliams ~.LI ~,L,~~~ [lSmith Keena Clayton Bilo Mayor Taylor • I . • - • ,. l • - -·= Abstain • • I • • • - • .. l • - ROLL CALL Moved Abstain Absent I . • • • - • • - ROLL CALL Moved Abstain Absent • • I . • • • • - • • - ROLL CALL Moved Abstain Absent 1!J -----Ct U ->tJ >'~ ~._-fov ;:), pit=P 40/u_P-A. ,4-t ~·i "~ (//'1-~ tv ~""'U 1 .f ~ ~ (( {u__ ----"~ ): ;p .-J -jJL!t-1 ~._.;_ 6' /)1 212 dU--,t/;[ f p_;tJv t, V /)?W I • • - - • • , . I . • ROLL CALL Moved Seconded Aye Nay Abstain Williams Smith Keena Clayton Bilo Mavor Tavlor ~1'\A..,--u , (!_ lA». f ~ ) ~ C1: ~ 1AI'f 21 d if -au iJ ~ t2;0 J)pdlir ~ Absent -zj;l-'-1t:ru _ ctrr>2 /U ""' .,b4.J a '/: c ~?'1-:UuC uJ 7 jrLRtciU"Y~ /)1 /)~J~ _j -?'>iLR~-?'cr~ • I . • - • • - RO LL CALL Moved Second d e Aye NaY Abstain Absent W2J,l1ams v 0/2AI 114iA ~ ,....-~Smith Keena Crayton Bilo ltiY or T&Ylor - • • I . • • • - • • - ROLL CALL Moved Seconded Aye Nay Abstain Absent W1.ll1ams I oi"&A"JI 11 f7 DU ~ith Keena -ClaYton Bilo Mayor Taylor - • • I . • • • • -• • - ROLL CALL M d S ove d d econ e A lye Nay 1 Ab Absta n sent Wl.l.liams -v ~1 · ·'".PuLA~ rsin1th -v Keena -Clayton - B1lo Mayor Taylor C!_ r3 :P ~ 1 {!A cL .1./f ~1 t ·~ • I . • - • • - ROLL CALL Moved Seconded _Aye Na_y Abstain Absent y W~llams v ~ /!H ~_.,_L ·:s-mith Keena -Clayton -Bilo Ma_17_or Ta_ylor • I . • - • • - ROLL CALL Moved Seconded Aye Nay Abstain Absent WUliams - v-h::x·::L:..u /1, L - ~ . S!lfith Keena Clayton -Bilo -Mayor Taylor - I . • - • • - ROLL CALL Moved Seconded Aye Na_y Abstain Absent _v Williams -R..-.. T. ~ - / ,....-Smith Keena Clayton Bilo Mayor Taylor L /~ -Jj0-j-- (f"'~ (01 ;~ ~a- I . • • - • • ROLL CALL Moved Se d d con e Aye Nav Abstain Absent Williams // ~:o1JI41 A / ·"Smith Keena Clayton {,...--Bilo Mayor Tavlor --1 ~ J e /~-:11-sJ~ . L ::_~~ /d -tf-79 I . • - • • - ROLL CALL Abstain Absent lor I . • - - • • • ROLL CALL Moved Second d e Aye Nay Abstain Absent Williams Smith Keena Clavton Bilo Mayor Taylor 1ftT eli~ c:u ~ cU. f?:&o $ Cfl'&1/\l! ~ cJ._ ~.. g s? fY1 -------- I . • - • ,. • - ROLL CALL Moved Abstain Absent c..- lor c.-- I . - - • • • I. . • --~ Moved s econded Aye NaY W:W.liams -_,. ~ P< 'j_ -Smith -Keena -v ClaYton Bilo Mayor Taylor - c u ~ J<~:L.__, I J d t, , !flJ jJ ~ ~ ~ /t_; ;_ ~~ J.-,.4 r- Abstain Absent --i ___, I • - • ,. I • - ROLL CALL Moved Seconded Aye Nay Abstain Absent WW1ams ~·..b-uA.A-- v-I'Smith Keena -Clayton -v Bilo -Mayor Taylor - J,i . • • • • • - - • 1 · o· • -· • ROLL CALL Moved Seconded AYe Nay Abstain Absent v-Wllliams ,._ lll:funiJ~~A j ·smith Keena ClaYton Bilo Mayor Taylor I . • - • • - ROLL CALL M ove d s d d econ e A lye Nay A 1 bsta n A bsent WUliams -~~' AL. -"s-mith -Keena -Clayton -Bilo -Mayor Taylor - • I . • • - • • - ROLL CALL Abstain Absent I . • • • - • , . i . • --~--__:j,._-------~-- ROLL CALL Moved Abstain Absent 6~. --/JIYJ~ lAf /)Lm-~'Do are- fo-tiu !I~~ ~@. ~,u/Lt P 1 Jfic:£ --------- I . • • • - • • ROLL CALL Moved Seconded A 1\ye Nay Abstain Absent Williams /.,/"" ot."f li'l~ .btbU.. --'s-mith Keena Clayton Bilo Mayor Taylor 2- • I . • • - • • - ROLL CALL Moved Seconded Aye NaY t 1 Absent Abs a n Williams Smith Keena Clayton Bilo Mayor Taylor I . • - • • - ROLL CALL e Moved Second d Aye Nay Abstain Absent Williams Smith Keena ClliYton Bilo Mayor Tavlor • I . - (f( • • • • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY REGULAR MEE TING November 1, 19 79 5 A The regular meeting of t he Engl e wood Housing Authority was called to order by Chairman Thomas J. Burns a t 5 :11 P.M . at the Simon Center, 3333 South Lin c oln , Englewood, Colorado. Roll Call Hembers Prese nt : Members Absent: Othe rs Pre sent: Thomas J . Bu rns, Chairman Betty Beier, Vice-Chairman David B. Cla yton Rev. J. Stanley Fix ter -arrived at 5 :30 P.M. Ci n dy Peterson None Mike Reddy, Execut ive Director, Housing Jim Keller , Execu tive Director, Downtown Development Authority Alice Fessenden, Associate Planner Reco r ding Secretary Reading and Approval of Min ute s The minutes of the regular meeting of October 3, 1979 were considered for approva l . .. MOTION BETTY BEIER MOVED AND CINDY PETERSON SECONDED THE MOTION TO ACCEPT THE MINUTES OF OCTOBER 3, 1979. THE MOTION CARRIED AS FOLLOWS: AY ES : NAYS: ABSENT: THOMAS J. BURNS BETTY BEIER DAVI D B. CLAYTON CINDY PETE RSON NONE REV . J. STANLEY FIXTER Alice Fessenden, As s o c ia te Planner, g ave a presentation on the Co mprehensive Housing Plan . Ms. Fessend en s t a ted t ha t s he wanted to let the Commissioners know what is being done by the Planning Divi sion. The plan that is being done by the Planning Division an d Ms. Fe ssenden i s being called the Housing Policy Plan. Ms. Fe ssenden stated that what we are going to do is start with the goa ls tha we re out l ined in the h o using section of the Comprehensiv e Plan and take those ma jor goals a nd add to t hem. Hs. Fess e nden stated that data will be put togethe r t o ba c k up those g oals a nd p u t in a form that is usable and then go on f rom that data and look at variou s types of programs that woul d be available; programs not only Federal but other programs that could be done, and not only in l ow and mod e r a t e income h ousing but in housing for the City t hat mat ches goals o f the Comprehen s ive Plan. Ms. Fessenden stated that what we would lik e to end up with is a contingency plan , something that has policy directions in it or a l te rn a tives that c oul d be chosen so that policymakers (i .e., Council, Plannin g and Zon i n g Commi ssion, En g l e wo od Housing Autho rity I • - • • • • • • (Commissioners) can choose some kind of progran~ and c ome out with an a ppropriate program mix that would be the best thing for the City. Ms. Fes senden stated that hopefully this plan will provide not just informat1on abo ut t he program but what effect you might expect from the p rogram, what che cos t will be , where the money might come from for it in the alternative section of the plan. Ms. Fessenden stated that we are working on getting the goals inco a good fo rm right now and working them into policy statements reg a r ding what the City supports as a policy. Ms. Fessenden stated thac ho efully we will have a final product by next summer. Ms. Fessenden stated that this plan will look ac low and mode rn income family problems but not only this problem. It will also look ac data base for what the real situation is for housing in Englewood that the Englewood Housing Authority would need to use in an application f or different programs. Mr. Reddy stated that he hopes this will get us to a point where we are not simply on the receiving end of the Federal fundin g s o urce as our p rimary mean s of operation. He hopes that we can start wo rking wi t h the Federal government o n a level that assesses not only our housing needs but also on true assessmen t of the overall housing situation in the community in hopes of identifying the best possible programs for the community . Mr. Reddy stated that it also g ives us a good base of information to go to lending institutio ns an d o ther sources of funding (i.e., State, private sources, or public f unds) and show them the information that indicates some possibilities for us to seek out. Mr. Reddy thanked Ms. Fessenden for pursuing this project. Ms. Fessenden stated that she would like to see this plan help u s evaluate p re sent programs in relationship to policies, what kind of goals we have and are the p rograms we've got now really addressing those problems , a nd if they are not should they be slightly amend~d. It would also help in choosing new programs. Ms. Fessenden stated that not o nly hous1ng programs will b s udied but also the whole Community Development Department is involved in this policy plan -- Planning, Housing and Code Enforcement. Discussion ensued regarding this issue. Section 8 Existing Report Mr. Reddy explained the seven new leases which are d ue to t he increase in fair market rent. He stated that HUD wa s pleased with the l ease up amount -95% lease up. Mr. Reddy stated that the audit on the Section 8 Existing Program is a Federal requirement that has to be done on ce e very two years . Mr. Reddy discussed the audit done by McG ladrey , Hendric kson a nd Co mpany on the Section 8 Existing P rogram. He stated that the forma t required by HUD was very confusing. A representative from McGladrey came and talked with John Lowry and Mr. Reddy about the audit report. The r e presentative stated that McGladrey does not normally use this format for their audits as the figures do not add up. This format is one that is p r escribed by HU D. Mr. Reddy stated that most of the audit findings have been complied with. Mr. Reddy t hen explained the recommendations, findings, and replies of the audit. He stated that the number of hours spent by the staff members on each program are being documented to conform with the finding on page 12. This documentation was initiated before this finding came out. -2- I • - • • • • • Mr. Reddy stated that he has looked into the possibility of a CETA intern to get some training from HUD to put together the files on Section 8 so they will be updated and in the proper sequence. Mr. Reddy stated that CETA has a new program - a 3-4 month commitment and a 6-month commitment. He stated that the intern would get training from HUD, put an administrative manual t~gether, get files in order and update the waiting lists for Simon Center and Section 8 Existing. Discussion ensued regarding the findings on the Section 8 audit done by McGladrey, Hendrickson and Company. Rehab Report Mr. Reddy stated that the staff has had alot of favorable comment on the new brochure. The new brochure on the Rehab Program is in the November issue of the Englewood Citizen. Mr. Reddy stated that there has been alot of response to this program due to the article in the October issue of the Englewood Citizen and the brochure in the November issue of the Englewood Citizen. Mr. Reddy stated that November will be a record month for loans to be submitted to the Rehab Loan Committee. A total of 17 loans will be submitted for approval. Mr. Reddy stated that Toni Morris and Al VanDemark have done an excellent job on the Rehab Program. Mr. Reddy said that Ms. Fessenden played a very significant part in creating this brochure. Barbara Young in Planning and Zoning did the art work on the brochure; Mark Barber from Planning also assisted in this project. Mr. Reddy stated that a slide show in a group meeting was implemented for persons interested in the Rehab Loan Program. Approximately 15 people attended this meeting. Mr. Reddy stated that in February or March the slaw down will occur due to bad weather. Therefore, we hope the loans on the Rehab Program will drop or we may run out of subsidy money too early. This subsidy money is supposed to last two years . We are still working off of the old subsidy money. Mr. Reddy stated that in the November Rehab Loan Committee meeting we will deplete all of the original Block Grant money. Mr. Reddy stated that policy changes in the Rehab Program are to be presented to the City Council on November 19th . At that point the money will be transferred from the City to the Housing Authority in the new Community Development Block Grant money . This money then should last two years. Mr. Reddy stated that the primary goal of the Rehab Program is to improve the housing stock of Englewood and also to serve low and moderate i ncome people in Englewood. Mr. Clayton stated that he is pleased with the wa y all the staff of Community Development has upgraded the community. He stated that there has also been help from outside of the City administration . Mr. Reddy stated that a representative from a new bank, Community Bank and Trust, called him and stated that they were interested in being involved as a consortium on the Rehab Program. Discussion ensued. There was a short break for dinner. Mr. Jim Keller, Executive Director of the Downtown Development Authority, discussed various projects that the DDA hope s to entertain in the future • -3- I • - • • • • • • Simon Center Report Disc uss ion ensued regarding the contract for the Managers of the Simon Center wh ich Kirk Wick ersham , the EHA's attorney, wrote. There were a few problems with the wording on the contract, and Mr . Reddy suggested that he and Mr . Burns meet with Mr. Wickersham to work out a more de tailed c ontract. MOTION DAVE CLAYTON MOVED AND BETTY BEIER SECONDED THE MOTION THAT CHAI RMAN THOMAS J. BURNS AND EXECUTIVE DIRECTOR MIKE REDDY BE DESIG NATED AS THE COMMITTEE OF THE HOUSING AUTHORITY TO MEET WITH THE HOUSING AUTH ORITY'S ATTORNEY , MR. KIRK WICKERSHAM, TO PRESENT ANOTHER EMPLOYMENT AGREEMENT FOR THE MANAGERS OF THE SIMON CENTER TO BE ACTED UPON AT THE NEXT REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY. THE MOTION CARRIED AS FOLLOWS: AYES: THOMAS J . BURNS BETTY BEIER DAVE CLAYTON REV. STAN FIXTER CINDY PETERSON NAYS: NONE Mr. Burns introduced Resolution No. 7 , Series of 1 979 r egarding the hiring of Art and Mary Conrad as Building Managers of the Simon Center. Mr. Burns stated that the passing of this resolution would be pos tponed until a new employment c ontract for the Conrads is completed. P ublic Housing Project Mr. Reddy stated that the Housing Authority has been awaiting HUD's appra isal of the site for the new elderly h i gh-rise. We did finally re ceive the appraisal this past week from HUD. Mr. Reddy stated that the total agreeme n t value o f the p roperty (with Security Pacific) was $350,000. HUD's appraisal of the sites is as follows: $335,000 $302,500 $ 32 ,500 if site was prepped site as is amount HUD is a llowing developer to prepare the site MOTION DAVE CLAYTON MOVED AND BETTY BEIER SECONDED THE MOTION FOR THE BOARD TO GO INTO EXECUTIVE SESSION. THE MOTION CARRIED UNANIMOUSLY. NAHRO Housing Conference Mr. Reddy stated that the agenda for the NAHRO Housing Conference has not been sent by NAHRO yet. Mr. Reddy then gave some general information about the sessions and times for the NAHRO conference. Director's Choice Mr. Reddy discussed the new staffing pattern of the Housing Authority in detail . He stated that as the Housing Division is taking on more programs, the staffing -4- I • • - • • • • -· • pattern is going to be changed. Mr. Reddy then explained the Intergovernmental Personnel Action (I.P.A.) position which the Housing Division is hoping to get. The I.P.A. is a program where government employees from various levels are on loan from the government to other governmental ~gencies on a temporary basis. The reason why the government loans these people is because it is an o~portunity for the Federal government to have its employees exposed to the kinds of issues that local Housing Authorities, in this case, are having to deal with on a day- to-day basis. It would make these employees of the Federal government more valuable to the Federal government after completion of their assignments. The I.P.A. has a one-year contract where the government pays49\ of the salary and the Housing Authority would pay the remaining 51\ of the salary out of Community Development Block Grant funds. The benefits would be paid by theFederal government. Mr. Reddy stated that City Council is to get a copy of the letter saying that the EHA would like to hire Bruce Roof as the I.P.A. Some of the reasons for hiring an I.P.A. are: 1) It would soeed up the process of our Public Housing units. Mr. Roof knowsprocedures at HUD; he would be a consultant to the Housing Authority on implementing the program. 2) This person would allow ~lr. Reddy to be more involved in day-to- day operations of the Housing Division. 3) The I.P.A. would give the Housing Authority a means to negotiate with HUD. 4) The I.P.A. would work with the Planning Department on the Comprehen-sive Housing Plan • Discussion ensued regarding this matter. The Board of Commissioners went into Executive Session. There being nothing further to discuss, the meeting adjourned at 10:00 P.M . I • - - • • • The Englewood Ho us ing Authority Minutes of the November 1, 1979 Regular Meeting were officially approved by the Commissioners on November 28, 1979 . M~ch el G. Reddy , Executive Director Englewood Housing Authority • I . - • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION November 7, 1979 I . Call to Order. 5 B The regular meeting of the City Planning and Zoning Commission was called to order at 7:05 P.M . by Chairman Tanguma. Members present: Carson, Draper, Lathrop, Tanguma, Pierson, Bilo, Smith Wanush, Ex-officio Members absent: Williams, Becker Also present: Assistant Director Romans; Associate Planner Fessenden, EDDA Executive Director J . Keller. II. Approval of Minutes. Chairman Tanguma stated that the Minutes of October 16, 1979, were to be considered for approval. Carson moved: Draper seconded : The Minutes of October 16, 1979, be approved as written . AYES: Carson, Draper, Lathrop, Tanguma, Pierson, Bilo, Smith NAYS: None ABSENT: Williams, Becker The motion carried. I I I. DOWNTOWN DEVELOPMENT AUTHORITY Plan for Development CASE #28-79 Mr. Tanguma stated that while no staff report has been written on this matter, Mr. Wanush would give a brief over-view before the presentation by Mr . Keller . Mr . Wanush stated that at the City Council meeting of November 5th, the City Council received a plan of development for a portion of the area that is designated as "downtown". Per State Statute, the Plan of Development must be submitted to the Planning Commission for recommendation, and the Commission must respond within 30 days or it is assumed the lack of response signifies approval. Mr . Wanush stated that the City Council has set a Public Hearing on the Plan of Developaent for December 18th, and has requested that the Planning Com- mission response be submitted to City Council by December 3rd. Mr. Wanush stated that he would suggest the Commission get in- formation pertaining to the Plan of Development at this meeting, and set another meeting for a public forum on the proposal • • I • - • • • • • • -2- Mr . Wanush stated that he advocated a public forum before the Commission as we ll as the Public Hearing before City Council to i nvolve as many people as possible. He stated that h e f elt it is critical tha t this proposed Plan of Development be b efore t h e public as many times as possible. Mr. Wanush stated that an outline of t h e proposed Plan of Development has been g iven t h e Commission ; he pointed out t hat the Commission conside ra t io n would be centered on the "phys i c al plan", not on methods o f f inancing . The Commission must determine i f the propos ed Pla n o f Development is compatible with the Comprehensive Plan . Mr. Wanush emphasized that the actual projects that will have to be undertaken to implement the Plan of Development will have to be worked out by the Development Authority, property owners, and City Council. The Planning Commission will consider only the conceptual Plan of Development. Mr . Wanush stated that the proposed Plan of Development has four goals, which are: 1 . A public parking lot on the west side of the 3400 block of South Lincoln Street . 2. A pedestrian walk-through connecting this parking area with South Broadway businesses. 3 . A mini-mall constructed on the rear of the properties on the east side of the 3400 block of South Broadway . 4 . Develop a mini-park to the rear of properties on the east side of the 3400 block South Broadway. Mr . Wanush stated that Mr. James Keller, Executive Director of the Englewood Downtown Development Authority, would make the presentation of the proposed Plan of Development . Mr. Keller noted that while the copies of the proposed Plan of Development in front of the Commission state "Draft ", this has been adopted by the Board of Directors of the Development Authority as the Plan of Development to be presented to the City . Mr. Keller stated that this is the beginning of the development program the Authority hopes to pursue for the downtown area . Mr. Keller pointed out that the Public Service Company property is for sale, both the parking lot on Lincoln and the building on Broadway. There is also some vacant land to the north of the Public Service property on Lincoln, and this is where the public parking lot is proposed . Mr. Keller stated that the Authority has had a special meeting with the tenants and business people along the 3400 block of South Broadway, both sides of the street, and another special seeting for the property owners. Mr. Keller estimated that only 15% to 20% of the property owners or tenants attended the meetings. Mr . Keller stated that the notice of the meeting for the property owners was sent by registered mail, return receipt requested, in an effort to assure notification of the meeting . Copies of the information which has been presented to the Com- • I • - • • • • • • -3- mission were included in the information mailed to the property owne rs, and Mr . Keller stated that be has received some tele phone c alls from persons who had questions regarding this . He state d that he bas encountered no "vehement opposition", but some con- cerns have been expressed regarding financing, leasing, etc . Persons have also inquired as to whether or not the property owners will have to stand the cost increases, or if they can be passed on to t he t e nant? Those property owners who a r e getting free parking on the Public Service Company proper t y now are concerned about the increased costs . Mr . Keller stated that he and Mr . Wanush have discussed ways to make the Plan work and at the same time to be fair to each businessman and property owner. No one should get a "free ride", but no one should be assessed more than their fair share. Mr. Keller acknowledged that the matter of financing and determining what each property owner and businessman will pay is one facet of the program that will require more in-depth considerations . Mr . Keller stated that the Downtown Development Authority has the first right of refusal on the Public Service Company land and building until the end of the year. If the proposed Plan of Development appears feasible, he has been given reason to believe that the Public Service Company "will not pull the rug" out from under the Authority; however, if the proposed Plan fails or for some reason the right to purchase is not exercised by the Authority, the property will be placed on the market. Mr. Keller stated that if the Authority does purchase the Public Service Company property, they would sell the structure on South Broadway, or exchange it for vacant property. He stated that one possibility would be to exchange the building for the balance of the vacant property on South Lincoln Street in the 3400 block. Mr. Keller stated that the Authority has hired Earl Baugbar to appraise all of the Public Service Company property, and to appraise the property housing the Autobahn and Bowens Shoe Store, as well as the property owned by Mr. Sachter and property immediately to the north of the Sachter land. Mr. Keller stated that the property now used by the Autobahn would be used for the pedestrian walk-through if it is purchased by the Authority. Mr . Keller stated that the design proposed for the walk-through is not that of a "tunnel", but as an open, lighted area. The Authority would hope to generate income by selling advertising space, the rental of kiosk spaces in the walk-through and similar means . He stated that there could also be attractive window displays in the walk-through . Mr. Keller stated that another idea is to develop a mini-mall along the rear of some properties on the east side of the 3400 block South Broadway. This mall would cover some 200 lineal feet, beginning with the liquor store and extending down to the audio store next to the Public Service Company building. The mall would hide the mechanical equipment existing on the rear of these buildings, create common areas for display windows, and create a connection with the walk-through and the back doors of the stores in the mall • • • I • - • • • • • • -4- The mini-park would be located where the existing parking is at the rear of the stores in the 3400 block South Broadway on the e ast side . To develop this park would require excava tion, bri n gi ng in soil, lighting, landscaping, etc. This would b e a small restful area for shoppers to enjoy. It is hoped that small entert ainment groups could be encouraged to perform occasiona lly in the park . Mr. Keller stated that the Au tho rity fee ls this "mini-park " would h e lp to create pedestrian traffic and would be of bene fit to the merchants in this area. Mr . Keller sta te d the cost of the mall improvements would be ex pected to be borne by the property owners, inasmuch as their properties would gain the benefits to be realized from such improvement . He stated that the SBA has funds available f or loans at a reduced rate of 8% to 10% interest . Mr . Keller noted that the Authority has been observing the Broadway area around the National City Bank ; most of those loans for improve- ment have been in the 100% category. Mr . Keller stated that the design for improvements in the 3400 block is intended to "carry the eye from the mall to Lincoln"; he stated that the Authority hopes to visually tie together the Safeway store and the South Broadway shopping area . Mr. Keller stated that in s ummary, the proposed Plan of De- velopment calls for the acquisition of land and development of public parking, for development of a walk-through, develop- ment of a mini-mall and a mini-park. He asked if the Com- mission had any questions? Mr . Draper asked how the merchants in the 3400 block would be competitive inasmuch as they would be offering similar merchandise to that offered in Cinderella City, and if the Broadway merchan ts feel these improvements will be of help to them in this regard? Mr. Keller stated that the matter of merchandising is another facet of making the program successful. He pointed out that the Authority can put in bricks, mortar, etc ., but the program will not be successful unless the merchants get together to accomplish cooperative merchandising . He stated that there must be cooperation between the merchants in Cinderella City, on South Broadway, and in between these two areas . He cited the Holiday Parade as one point of such cooperation . It is anticipated that there will be 4,000 to 5,000 people in the downtown area to observe the parade, and each of these individuals is a potential customer. Mr. Keller stated that he felt coopera- tive merchandising should be promoted to keep both areas (Cinderella City and South Broadway) viable. Mr . Keller stated that he felt Kaufman's and Englewood Men's Store both do good competitive merchandising and pointed out that both these stores do business state and even nation-wide, Mr. Wanush stated that he felt the Authority and merchants have yet to decide on how and what they want Broadway to look like • () I • - • • • • • • -5- at the completion o f the program . Will South Broadway be similar to Cinderella City, or ar e they considering some thing entirely different? Mr. Wanush stated that if the projects undertaken to impleme nt the Plan of Development are one s tha t are quite costly, this will alter the rent structure, which will, in turn, a lter t h e merchandising . Mr . Smith a g r ee d t h at th e ren t structures will change a s t h e improve ment s a re made o n Broadwa y. He pointed out , howe v e r, that the r e ntal structures on Sou t h Broadway are not the same a s those in C indere lla Cit y b e cause those in th e Shopping Ce nter are bas e d on a percentage of gross sales . Mr . Smith questioned that this was as much the concern of the Commission as the matter o f "cooperation" that was promised wh e n the shopping center f irst opened 11 years ago . He stated that th e shopping center and the South Broadway area were to be tied together in a viable way. Mr . Smith stated that people want variety to choose from when they shop and competitive pricing . Mr . Smith emphasized that if the Planning Commission takes no action on this proposed Plan of Development, the City Council will automatically assume it is a positive recommendation. Mr . Smith stated that he would like to see the Commission support the proposed Plan o f Development by recommendation and by letter . Mr . Draper stated that his concern was that if the rent structures were altered (raised) but revenues are not increased, the project will not succeed . Mr. Smith stated that he felt it is a viable concern, but is not a concern of the Commission . He suggested that maybe there should be a South Broadway merchants association to promote the SOuth BroadWay businesses; he stated that he agreed there were areas for cooperation between the Broadway aerchants and the Cinderella City merchants, such as the Parade . He stated that he was concerned that the Develop- ment Authority has not come up with a "theme" for the downtown area. Mr . Wanush stated that decisions made on the type of improve- ments that are to be made will determine the "theme". He stated that he feels the proposed Plan of Development provides a general theme, but he also feels there should have been more done to acquaint the business people and property owners about the Plan . Mr . Keller sta t ed that when he was initially hired by the Authority, he tried to impress upon the members the need for a market study, and the attitude at that time was that "down- town Englewood had been studied to death, and what was needed was positive action ." Mr . Keller stated that he would now go back to the Board and impress upon them the need to work to- gether. Mr. Keller stated that he has had people inquiring in his office about investment in the Downtown area, and also about land that is available for purchase. One group that has contacted him is looking for a site for a hotel/office complex , and there is also a group of foreign investors interested in the downtown area . ' I • - • • • • • • -6- Mr . Bilo asked what impact the mall was expect e d to have on t ying Safe way and the west side of the 3400 block on Sou t h Br o adwa y togethe r ? Mr . Ke ller stated that the west side of S o u th Broadway would be within 200 feet of the parking lot, and he felt that t her e would be benefit from the parking lot on South Lincol n S t r ee t . He acknowledged that there would b e l e s s b enefit to the prope rties on the west side o f Sout h Br oadway th an there would be to the propertie s abutting the parking lot, b ut t h at t h e y will be included in the impro v e men t dis t r i c t. Mr . Keller discu ssed the possibility of getting the mid-block crosswalk res t o r ed in the 3400 block of South Broadway ; he stated that s o me on-street parking would be lost if it were to be restore d . Mr. Wanush stated that he felt the walk- through would be the key to the benefits the west side of South Broadway would realize. Mr. Bilo asked about entrances to the mall through the park area . Mr. Keller stated that the mal~ itself will have three entrances, There will be an area for truck deliveries on the north end of the mall and two other pedestrian entry areas . Mr . Bilo asked about the widt h of t he mall? Mr . Keller stated that it is proposed to be from eight to ten feet, and reiterated that it will be glassed and lighted and not a closed "tunnel ." Mr. Wanush point e d out tha t the plans for the mall and park which are before the Commission are "conceptual designs", and would have to be refined by an architect before actual con-struction. Mr . Bilo asked what impact the financing on the parking lot and the leasing-back to the City would have on the City? Mr . Wanush stated tha t t h e Authority is considering an "improve- ment distric t " and would h ave control of the land. Mr . Keller s tated that the Downtown Development Authori t y Executive Committee is meeting with the City Attorney, the Bond Attorney and with Mr. Walt Imhoff on November 8th to review the financial aspects of the program , He noted that bonds cannot be sold to an investor without the endorsement of a Bond Attorney . He stated that the Authority will do whatever is necessary to give the investors the security they want on the bonds --formation of an improvement district, assessment district, whatever is recommended by the Bond Attorney . Mr. Smith stated that he felt Mr . Bilo was referring to Page 3 of the discussion brochure, where it states the City leases the parking spaces from the Authority and re-leases the space to the property owner . Mr . Keller stated that this proposal was developed several months ago and the ideas on financing the parking have changed in this time, He stated that the market for a parking space is $20 per month. Mr. Smith stated that the way the "discussion draft" is written, he would be • I • • - • • • • • • -7 - concerned about the City b eco mi n g a "collector"; he no ted that b ills would have t o be sent ou t mo n t hly, quar ter ly or howe v er the bi ll ing was de te rm i n e d t o b e ha n dled. Mr . Smith s ta t ed t ha t th e overall Plan is ver y g ood . He stated tha t as h e understood it , t he s p e cif i c s would have to come back to both t h e Pla nn i ng Comm iss ion an d Ci t y Council . Mr . Wanush s tated that this wa s n o t c orrect ; if an i mpro v emen t d istrict i s f o rmed, City Council would be in olved . I f t h e Auth o rity f in ds their o wn financ i ng, it wo u ld not c om e back f o r f u rther re v i ew . On ce the Plan of De ve lopm nt is a pprove d , th e Author i ty ma y un derta k e a n y t h ing wi thin that P l an . Mr. Smith s ta te d t h at within the last three years, a ma r k et study was done f o r a hotel in the downtown area ; he s t a t e d tha t t his st u dy i s a v ailabl e. Mr . Keller stated that t his study pertained t o one specific site . Mr . Smith s tat ed t hat he did not fe e l a one block change in location would ha ve much effect on t he applicability of the study . Mr. Bilo asked if the public parking lot proposed under the Plan of Development would be sufficient? Mr . Keller s t at e d that the uses of the area had been canvassed, and the p ro pos e d 122 spaces we r e f e l t to b e s u ff icient . If add itional p ro p e r t i es can be acquired, the size of the parking lot could be incr eased to 155 to 160 spaces, which would more than meet today•s parking requirements. Mr. Bilo aske d about the possibility of stacking parking similar to the parking structure developed by the First National Bank . Mr. Keller stated that in his opinion, the cost of a parking str ucture would be prohibitive . Discussion ensued . Mr. Tanguma thanked Mr . Keller for his presentation, and asked what action the Commission wished to take? Smith moved : Bilo seconded: A l e tte r be directed to City Council recommending approval of the Englewood Downtown Development Authority Plan of Development as outlined in the "Draft for Discussion"; however, it should be pointed out in the letter that the Commission is concerned about Page 3, fl, wherein it states " ••••• the City re-leases the space to the property owner ••••• " Mr . Wanush sta t ed t hat he would strongly recommend that the Planning Commission open the discussion on this matter to the general public on November 20th . Discussion ensued. Mr. Smith wi t hdrew his motion, with t he approval of Mr . Bilo, the s e cond . Mr . Tanguma suggested that an invitation be extended to the businessmen and property owners who would be impacted by the proposed Plan . • • I • • - - (C • • • -8- Smith moved: Bilo seconded: • • • That a publi c forum be set for No vember 20, 19 7 9 , at 7:00 P.M. to consider the Plan of Deve lopment propos e d by the Englewood Downtown Deve l0 pment Authority . All concerned property owners a nd downtown businessmen are to be notified o f t h e meeting . AYES: Carson , Draper, Lathro p, Ta nguma, Pi e rson , Bilo, Smi th NAYS : Non e ABSENT: Wi lliams, Becker The mo tion carried. IV. Public Forum . Mr. Tanguma a ske d if there was any member of the audience who wished to a ddress the Commission? No one wished to do so . v. Director's Choice . Mr. Wanush aske d about the study session se t for November 17th, and inquired whether the Commission wanted an all day session, or just a half-day session. He stated that the Library Conference Room is available for that date. It was determined that the Commission would meet in study session from 8:00A.M. to 12 Noon . Mrs. Pierson inquired as to the purpose of the discussion? Mr. Wanush stated that the Commission would review the goals set forth in the Comprehensive Plan, and determine the Commission work priorities . He pointed out that there will be some new Commission memb ers in th e near future, and questioned the possi- bi lity of quarterly sessions to determine work program s . Mrs. Pierson stated that she felt this was a good idea, and add e d that this is the "Jirst time we have sat down to determine what we should do rath e r than react ing ." Mr . Tanguma stated th at .Mrs. Romans had discussed the possi- bility of setting up a tour of the City for the new Council- members. Mrs. Romans stated th at she was considering offeri ng to provide a set tour prior t o the newly elected Council taking office so they would be familiar with some of the projects that are underway. Mr . Wanush stated that he understood the City Manager is also trying to get somethin g t o gether on an o r i entation program a nd maybe the two could be combine d . VI. Commission's Choice . Mrs . Pierson aske d if there had been any response to the letter sent to t h e owners of the "Brown Hous e"? It was noted that there has been no response, and the letter has not come back to the office. Mrs. Pierson asked that this be followed up with a t elephon e call • I • • - - • • • • • • -9- 1r. Tanguma asked if there had been response from the Police De partment on the traffic on South Lipan Street? Mr. Wanush stated that be has discussed the matter with Chief Holmes, but has had no further response . The meeting adjourned at 8:15P.M • • I • • - ( • • • • • • • ENGLEWOOD DOWNTOWN . DEVELOPMENT AU'.nfORITY 3535 So. Sherman -Englewood, CO 80110 781-7885 BOARD OF DIRECTORS REGULAR MEETING ~ednesday, November 14, 1979 12:00 Noon 3535 So. Sherman MINUTES 5 c Board Members Present: Allen, Gasson, Glenn, Holthaus, Kaufman, Mausolf, Roboha, Stones, and Executive Director -James T. Keller. Board Members Absent: Coleman, Mann, Maxwell. Guests and Visitors: Howard Olson, Richard Wanush, John Neal and W. w. Silllp8on. Board Chairman, Kaufman called the meeting to order at 12:26 p.m. Minutes of the October 9, Special Business OWners Meeting October 10, Regular Board Meeting October 24, Special Board Meeting October 2~. Special Property Owners Meeting were approved a~ published ~ motion of Allen, and second by Glenn. Motion carried. Treasurer's Report: There being no current print out from the City computer, no treasurer report was given. Bills in the amount of $1,447.09 were presented for payment. Upon motion by Allen and second by Mausolf: the bills are authorized to be paid. Motion carried. The Budget Committee report is postponed until the Regular December meeting. The Copy Machine proposal is postponed until the Regular December meeting. The proposed "Rule Changes• were discussed and suggested changes are to be presented at the Special Board Meeting, November 28, 1979, for final action. The requested City Council representative appointment is to be presented after January 1, 1980, when the new council has been sworn in. Copies of the letter from City Bond Council, Lamm and Bond Sales represent- ative Imhoff were presented to the board for their consideration. Re : Property owner P~tition and board member assignment: Executive Director, James T. Keller to get full list of property owners to each board member by Thursday, November ~~. 1979, to enable a direct contact before the breakfast meeting of property owners on Thursday, November 29. A date of Saturday, January 19, 1980, has been selected for an all day tour of the Old Colorado City ar~a of Colorado Springs • Under board members choice,board member Allen reported he had been visiting with Jay Boisdrenghien and that his vacant property on South Lincoln may be available for purchase. Meeting adjourned at 1:38 p.m • • c I • - • • • • • MEMORANDUM TO: FROM: DATE: SUBJECT: Andy McCown, City Manager "') Ernest P. Romans ~ : ... i1X.. Director, Parks & Recreation November 19, 1979 S D Report on National Congress for Recreation & Parks, New Orleans, LA., October 28-November 1, 1979 The programs for the 1979 National Congress for Recreation & Parks held in New Orleans dealt with the latest developments in the field as well as the issues and challenges of the coming years centering around the theme, "LEISURE IN THE 80's -CHOICE & CHANGE". Three major issues will need to be faced in the coming 80's--(a) inflation and budget; (b) effect on the quality of life; (c) the energy crunch. Important questions that need to be given a great deal of thought are: (1) How can we effectively provide services for less money? (2) Where and what are alternate financial resources? (3) When the gasoline shortage keeps citizens at home how do we meet the increased need for close-to-home recreation? (4) How much will the expected cuts in Federal Grants mean to the program of preservation of open space and acquisition of land for future recreation facilities? (5) How will cities rehabilitate their parks? (6) What will be the impact of these issues on the citizens of the community? Of all the sessions I attended, the following were the most outstanding: 1. National Issues Program -The Urban Park & Recreation Recovery Act. The who, what, where, when and why of the newest Federal Funding Program. 2. Management of Leisure Services -john L. Crompton, Texas A&M University ' 3. Procedures for Evaluating Personnel -Simons & Barry Associates, Inc. , Baton Rouge, La. 4. Urban Waterways-From Liability to Asset -Groves, Fernandez, Frazer and Associates, Inc., San Antonio, Texas 5. Community Education-Conflicts & Cooperation -Dr. Arlin Tieken, New Braunfels, Texas 6. Successful Vandalism Management Approaches -Harry G. Coulter, Jr., Asst. Director in charge of facilities, Dept. of Parks & Recreation, Towsom, Md. 7. A Visual Documentary on the Legislative Process -An excellent film showing the frustrations and conflicts in following a specific proposal through the legislative process of the U.S. Congress . • I found this conference well-planned with good informative programs . • • I • - ( • • • -.cr. • • • Andy McCown Wi 11 i am J. Broi1kshi re INI'aOIIfiCI r•tCMIA ...... Attendance at WPCF, Houston, Texas DA11r 5 f November 26, 1979 I attended the WPCF Conference in Houston, Texas, during the period of October 7 thru 12. While at the Conference I was in attendance at many technical sessions made up of papers presented by individuals, groups and panel discussions. The sessions were divided into several categories and were similtan- eously scheduled. The topics were varied within the categories. I attended mainly presentations on oxygen systems, nitrification, maintenance and sludge dewatering and handling. Some of the sessions I attended were: 1. Predicting the fate of sludge nitrogen following land applications. 2. Case illustration of a wastewater service charge system (as applied to industrial waste). 3. The cost benefits of tertiary treatment. 4. An overview of EPA's innovative and alternative technology. 5. A paper on a two-step process presented by Union Carbibe Linde Division (pure oxygen). 6. Successful sludge management at an activated sludge treatment plant. 7. Effect of tndustrial metals on municipal activated sludge. 8. Management of a computer based centralized control system. The Conference also was an equipment show, therefore, I spent a great portion of my time at the Conference in discussion with manufacture repre- sentatives of polymers, sludge handling equipment, sludge dewatering equipment and sludge injection and spreading equipment. In the very near future, the industrial users will need monitoring and I discussed flow metering, sampling and test proceedures and lab facilities with several manufacturers and lab equipment suppliers. I was contacted many times to discuss our plant, as Bi-City Plant is known in many parts of the Country because of our FMC dissolution system and the P.S.I. cryogenic oxygen plant. I also investigated the use of special operators on cryogenic or oxygen plants and found there were no special designation for operators of these plants. I would say that the trip to the W.P.C.F. Conference was well worthwhile because of the exchange of information and research possible as there were many disciplines in attendance. wb • D I • - - TIIXF~ .GENERAL PFOPEHTY TAXES S~fCIFIC O~NENSHIP TAXES ;GENERAL SALES ~ USE TAX ·SEL€CTIVE SALES ~ USE TAX OCCUPAliO~AL/fRANCHISE TAX OTt-'f,.' TAXfS SU~ TOTAL • • • • UE~ARTMENT OF FiNANCE H[ALlZ~TION OF BUDbllEU q~VENUES GENERAL i-liND ThROUGH SF.P Jl 1979 PUkllUN OF YEAR TO DATE 7~~ BUOGl TE.D ~EVENlJES 7b£tl9't b!)tOOO 6o7!)'+tl5l 57bt777 Sit0t04J 0 8tb'>lbtl70 CUkR MONTH ~EIIENUES '10t447 1 Oo'>l77 5~bt2~4 '+"ft024 0 7lij b83t'+50 LICFNSESo PF.~~ITS & OCCUPATIONAL fEE~ ~UILOING LICENSES• PEA~ITS ~ FEES ~USI~~SS LICENSES ~ OCCUPATIONAL FEE~ Noo-BuaU...a Licenses 7<:,ooo lUc::t'+OO 5t969 3t6tll • SIJ8 TOTAL lNTE~-GOVEAN~ENTAL REVENUE FEDERAL ut-AIIITS STAT~ Srl~P~U ~EVENUE OT"f~ ~O~E~NHENTAL UNITS SU3 TOTAL C~ARGfS fOH SERVICES GFNf~AL GOVENNNENT Pt.JeLIC SAFFTY ~IG~~AY ~ STREET • ANli'>AL 51-'EL lEt-< SAf\IITATIOI·! LIBRA~Y SChOOL DISTRICT PAkTICIPATION OUTOUO~ S~IMMING POOL INDOOR S~I~MING POOL -pORTS ~ GA ~1E~ • • l7'tt400 tl4t307 3\l.,tOOO 7o051- 3dbt256 3Jt!t7S5 btSOtJ 3bt23b <::'>lt30U 0 4Jt000 ltJtUOO l.Jt.,85 ~bt200 -'lt22!:> 1!:>9t3US- 29t.?!:>3 35,2'>11- lb~t343- 2t0b7 b4!) 40~ 1t570 lt264 0 0 .Jo8 72b ~·038 YR-TO-uATE REVENUES 738t963 60.609 4 t9!bd3<t 417,S5b J35tUll 2o9ol ~ OF tiUOG 97 93 74} 72 bl u 6t540,<t45 7':J 5Bt03il 81 4>:>.~Jb 4~ 103,'1T4 bO l'+i:: u 2b3tUbl> ~~ u u 263.20~ t>o 150.j04 44 s.1.,o o., 22, 1':J7 bU . l9t46., 66 1o971 0 1Jt'+O~ 31 10t0tJI) 100 lltllb 7'>1 20tti6tl dtJ ltl•.?d:l S'J • PM>[ LAST YEAR LAS TO DATE YR 803,148 93 69,682 145 "4,578,854 82 381,551 82 391,802 82 6,225,037 83 80,475 107 49,774 17 107 130,356 93 27,127 29 68,561 85 263,961 92 359,649 78 141,010 48 4,079 66 29,355 17 4,538 23 0 24,164 76 0 12,556 81 21,524 82 25,351 69 • • - • • - • • f-lNANCf • C;CT l S lC.7<; UEI'ART~1ENT Of 1-'Atif HEALlLATION Of BUD<>t.TEO kEVE •IIUES GENERAL f-UND TNI-IOUGH St::P .,l l9"TQ 1-ut< T 1 ON OF YEAk TO 0.\TE 75'6 BUOGt::TlO CUt<R MONTH YR-TO-DATE .., Uf LAST YEAR LAS ~EVENUES Rt:: VE:I'lUES REVENUES oUU(:j TO uATF.: YR OU TDOO P ;.r:Ci-iE ATli)N 0 3&3 Bt'+Ob 0 0 CULTU?.o<L ACTIVITIES c7,,ou 5o3ts3 32.ll3 117 33,767 64 SF"NlO~ CITIZENS ~•lt>2 9t!b oo734 73 0 ;;>LAYG~OUN[;S lt453 loS 2t';30 174 1,906 127 SOFTE-ALL l7tb00 90 l !1, !!'+ 7 107 16,762 68 zoo t!t600 389 lotlc.J 10'1 3,265 126 I OLD T I :.~,:~~ 1 hqoo 0 9,';16 &0 15,599 85 Su=J H •TAL 6117t5lo l'ioo504 355t040 :)tj 333,876 54 I F I ·~":5 "' FOWFE ITU~FS COUI'T l'+ltOOO 15ol::>4 113.~01 bl 111,902 114 i Ll!3f.IAF<Y ll~tOOO 748 8t'187 90 7,975 90 I ! S •Jr1 TUTAL l~ltUOO l~t':ll02 122otHl8 i;l 119,877 112 ·~I SCFLLAI'lEOUS I~I TEHF::ST •A RN lNuS ::>UtOOO 0 ) l4t33<t ll'l 33,271 133 ~F::NTAL 1 ~'<C(!:~E. 0 0 J25 u 325 COII:TFd 3U T I 0NS ~ Tt'ANSF!:kS 0 2o2ob 9o94b 0 "'I SCF.LLAt·.fL'lJS 7~tUOU i't54'1 36o'+3l 4'J 30,249 187 SIJ-, Tv TAL lc~.ooo 4oi:ID 16lo03o 12'll 63,845 44 TOTt.L RE VE r-lUES 1 0 • l<tc • 34 2 :>67t'78U 7o 5 46t~91 74 7,232,640 80 e : • • • • - • • - • • t IJ(l liw: 1':74 lJf.PiowTMf.NT OF ~lNANCF. f'AbE t.>-I"ENfJ lTU~F.S TO 1~"(9 ijUO&t:T GENE PAL t'IJN[) TH~OUGH SEP ;,1 1~79 POkT 10111 OF YEAR To DATE 75 ... ANNUAL CURR I-IONTH YR-TO-DATE ':6 OF LA~T YEAk LA~ BUObi:.T f.l\i'ENO~ EXPENDS dUIJu TCJ DATE Yk LE:Gl S LATIOI~ ~ COUtKIL: .CITY CI)U NCI L 1C:bt2b4 17o495 100,834 BO 86.268 88 . -lOAPl• (lF ~DJUSTMENT li. APPE/ll~ ~t397 446 4t0~7 1b 2.014 60 80AHl t)F CAREER S~~VICE COI~I" ISS 1 ONEH!:> bt079 2B5 2.~99 43 4.037 128 PLA~'<~.i 1 1G !. ZOt-llNG CUI~"' I SSION 7t502 4tll S,b6U 1':l 3.825 78 LI8f;'A'-'Y f<Ot.RD Ct405 b4 2.030 !;4 2.253 72 CITY t. TT(J;..I\fY lt>'#•193 1lo011 1 0 0 • 0 7S 5~ 110.737 73 su:, TOTAL 31bt!S40 2~.b(J2 21S,l'1S ~I:! 209.134 79 Fu~LIC v/CJ~I( S: PURLIC ~0~~!:>-All~INISTHATIPN '::J1•71.J1 •+t':>Ot> 4loSr:l~ 12 40.109 79 Sf.Nl(;~ SUI'~EY 4ot273 3·2~9 35oS4U 71 30.840 70 nib I ~.€f.~ H · 6 SF.:~V ICES 2U1t6t>8 12t7l'+ 1J4,b96 67 81.539 42 ST!-IEETS I> uHAlNA&E 8':>5•277 7btll7 6U3t7<+0 71 625.451 71 ~ TRAFFIC EI\G 1 Nf.E~ I '4G 27Ut745 H!•Sb3 211>.991 tl1 182.408 70 (;[~IEPO:.l 01-'I'HA T!O I~S t. MA I NTEI\'ANCE 41.J3•649 2S.7Sl 291.359 59 205.003 72 S Li ti TOTAL lt9C::it409 l40oS.5u 1o326d0b b9 1.165.350 68 • Fl~E: FI._.E -Pf'F:IIEII.TlON 1Jlttl91 lUt~S~ ~4.'::>71 1l FIRE -RESCl!f '>f~VICF.: lf<+tlSS 15 t222 121.104 70 117.448 73 FIRE -SUPPf.'[~SlO"' 6. /10 "1 IN! S THAT lOr~ 1•67Jt407 120.747 l•220tl'+8 73 1.182.853 74 Fli<~ -1/0LUNTEE~ .::;,,~30 !!5 1,42o b 1.256 4 Fif<F: -TI<~JNlt-lu ~1t473 s.~oo 62t!H2 oi.J • su~ TOTAL 2•0"14tl5o b2. 212 l•SOO,Obl 12 1.301.557 72 • I"'OLICE: cor~r-,u"' I c~: T I 01~s 2t>7t376 31 '17":1 197,'-Jco 7<+ 200.919 53 POLICE PROTECTION 2•2b2t01!! 174.720:, 1t579t717 7U 1.391.166 70 A~ H"'•L St-oELTE~ 111~•!!91 6.135 66•'+42 bJ 63,831 70 SLI~ TOUL 2•b;,!:>,2t:IS cl~.o3~ lol\44oOH:, 70 1.655.916 68 • • • - • • - • • OCT ln lY79 UE:PARTM(NT OF t-lNANCf. PAGE EXI-HoOl TURFS TO 1~79 ~UDGt:T GENERAL t-lJI~O TH~OUGH SEP :ll l'i7~ POkTION OF YEAR To OATF. 7:.11 ANIIIUAL CUKK MOIIITI"I Y~-TO-DATE -. OF LAST YEAR L BUDGET f.AI"'EIIIUS EXPENDS ~UUG TO DI>TE y , COIA"'IJ~•l TY !JEVELOP~EI'.!T: ,CODE E :~F0t-CEMfN T lts0t~!l7 l4t537 l24t!l~4 6'oi 116,805 7( '1UUS I r;G ll5t539 6o2:.7 59t294 b9 57,132 7~ , PLA!'1•1l NG 15~t070 14t85!l ll3ott12 75 103,993 71 sus TOTAL 4ltso 19b 35.~5£: 297.530 71 277,930 7J LIHP~~y 3::>-ft46l 34t1b.:: 243,707 6b 225,212 6l ?A"'..:~ I> Rt=:Cf'EATION: OU TDOU"< QIOCHE ATlON 0 1o231 18tJ35 0 SfllllU-1 Cl TlZFIII o<EC~EUION '>l~t227 a. 112 71)o75o 77 65,773 7~ PAt(!< 5 8b7t033 61•t!ctl 581o3Jb b1 572,340 7f OUTDO()~ S,.lMMlNb POOL .. ::..619 c. 1 t;£1 30o944 68 43,623 10~ INDOO.-< S" It•Jor.l Nl> POOL -f3t 736 l·~9'J 35t.,d4 4~ 52,979 n SPOoJTS ... GA~''f:S ~--·409 3tO~!l 49o5b7 50 64,995 6~ CULT U~AL LCTI\-ITIES 7~t39t! 3o123 52.~15 6b 49,467 6t PLl.YG~OUN[\5 '+co831 bb 29tb72 6't 29,317 71 !>OFT~ALL <:5tl84 112 22o'J3'1 91 17,602 71; 700 '>lt135 59!l 6 t345 6't 6,694 7i • ~V C RF: AT I 0 ~: UfNEHAL OPFPATIUNS 232t657 13o'J0i 121t0b3 !:)£ 74,623 6! OLD TI·~t:;,~ t'ASESALL .HJt050 3~ 21t50b 7 2 24,436 a; 5 1Ji1 TOT AL 1t60 .. t271J ~7.611 1o046obb4 6!:) 1,001,849 7t to~U N ICIP/lL CUUI<T 17ttt491 12o4:>2 121·524 70 90,824 6 ~ • 4~:-l:i t-, IS THAT I ON: CITY Mt.IIJt>GEk lbOt44l 13o127 121.::.95 13 114,926 71. • ~;MPLOYF.f P.f LAT 10,-.:S l~Ut310 ltt44d 105td90 70 99,201 7t TkEPS u~Y ~ ~E lO~U 10<::t570 l~oB4d !l9o072 !H 67,258 7§ ACCOU >~ f l ~<G ~ AUUITlNh 10Uo026 7t612 7?.t'j'j2 13 70,723 7f RE:VfNIJ~ 1,jb·~~~ 10o1Jlo 93o4J1 6d 91,114 11; PURChioSH,G 2.S~t490 10.~4:, 174,541 74 153,067 n • • - - • OC T l~ 197'1 5U8 TOTAL • • • • • • ~E~A~T~ENT OF fiNANCE EA~tNDlTU~ES TO 1~7~ bUDGET GENE~AL flJI'lD TH~OUGH StP Jl 1979 Pv~TIUN OF YEA~ TO DATE ~~~ ANNUAL tiUDut:.T CUP<~< I'IOo~TH f~fo'Et~OS 11~•245 7o7b3 lo0llo081 1o,s;,7t1~a 7H~oB39 • • Y~-TO-DATE EXPE•~DS i> OF auu<> ~AGE LAST YEAR TO DATE LA~ YR 67,448 56 754,561 72 6,591,509 71 • - - • T4XES GC::tJJ:~Al SHE~ !> US F. TAX S!'"LFCTIV~ SAL.[S f;, US F. TAX SIJ;.j TOT14L I~Tf~-&UIIEH~~E~TAL Rf: v~r.,ur FC::OEI-AL Gt>tNT ~ STATE &Hf-~1 T ~ OTI1[R GOV~H~~t->EIIITAL UNITS SUi:! TuTAL ••ISCfLL AIIIEOUS 1"--TE~'<C::ST fAWNJ'Ii&S COII.TP.I5UllUt•S f. TI-<ANSf[PS I' I SCELLA I~[OUS SUB TuTAL TOToL RF:VEi~dF S • • • • • • OE~A~TMENT OF flNANC[ N[AL1L~TlON OF bUObElEO R[V[NUFS ~UBLIC l~P~O~E~ENT FUND TnkOUGM SEP 31 1~79 ~UkllON OF YEAR T~ DATE 7~~ BUDGI: TED CUkk MDNTI1 PEV[NlJES REVENUES 571tt000 ~<+•b10 2!H000 3tb53 s~~.ooo sa.oo3 o7~o000 0 llt500 0 -,!;,, OdO 35.~'>J. 70!t~80 35. 2C.. 1 -'~•000 0 o-'UtOOO 0 0 0 obctOOO 0 2tOcit~bO <;),~54 • Y~-TO-OATE '6 OF L14ST YEAR LAS RfVENU£$ BUIJ(; TO DATE y~ 43c,093 75 408,376 84 la,ol8 74 17,644 71 450,7li 75 426,020 83 337.411 so (12,000) (2) 0 0 35.C~l 47 / 37co702 4t,1 (12,000) (2) 53.1 ol loo 16,084 201 0 0 ~cl u 22,350 39 53,6o-' ~ 38,434 26 877.0'>5 43 4.52,454 34 - - • • STORr-• O>:!t. I ~~IIGE -GENERAL ; STUR~' [)HJ. IIJt..GE -HIGH SCI'iOOL !'lASltll STORI·' D~AIN/oGf. -NORTH C~NTkAL I II • • • :.J~:PioHTM['. Of I' .lNANCf ~kOJfCT ~EN~lTUWES ~U~LlC I~PHOV[MlNT fUND TnkOUGH SEP Jl 1~7~ ~UhTION OF YEAR TO OAT[ 7~~ CU'4ULATlVE CUt<w fo10NTI1 I:WDI>t:.T €XPE"'DS 3d.3t121 106 47!;),000 31 5bbt000 lt 331-DAHTtJ.OuTt-! III.PkOVEMENTS IP/oV ING DISH< ICT NlJ. 2Jl ;,o•775 0 STOwr-1 ~loiiiiNA<>E -LITTLE DkY CHEEII. s:,b,5oo 0 DAkT rAOUTH I 1'-PfW VEMENT 5 lt225 (j SIOf,.ALr< DISTI'ICT •76 otOOO 0 P:~AFF IC I~'PkOIIE~W;ENTS -8ROAD«AY 140,t&51 0 zur~ I STREn !;)OtOOO 0 t olf[kLAY F',.;.Q(,HAo'4 l4Ut5&0 50o94l CITY 5-JkVfY C::UtOOO 0 PAVH1G DISTRICT •25 btOOO 0 LEI-Oo. O.IIE t::RIDC,;f: !;)bt750 0 <.:LAI<f( so ~j STREfT I r~PHOV€M[NTS 225•000 0 SlDF..:ALr< f.lfPAIHS 4t500 0 PARKS -t-HLfVlE"' SlOt!~ H!::PAIR IUOtOOO 0 PAHKS -E~·[wSON 0 0 .. ILLE~ ~LUG R[r~OVA TION '+l.ltOOO 0 PARI<'S -CP.TEMHAL '14t000 l4t.367 HANUICAPPF[• PLAY APPA~ATUS o::4t000 0 w I V[F )[V"LU~MENT 3od4oolll (J SINCLAIR ~11TH HUllS[ J.:H • 855 19~-F'l'<f T~AI N !Nb FACILITY ;,;;,ooo 0 FIPF. STAT I UN .;, 2!)llt000 20o7':>0 PfSC U>=: U ~• IT c5oOOo 0 COUf.'T /C0U~.CIL !:lt"'ANSION l':>'+tSOO 6'+t; L A.t~() ACOlJl~lTION lUOtOOO (j L!f!Rt~Y 15' Xf.'ANSIO :II 0 (J LAND AC C.IUlSITIO N AT LITTLE OkY C~EEr< ~ SAN114 Ff 0 ooS()O LA ND P J ~CH t,Et.~ FLIJERLY HOUSllliG lSI-I CNTI-I 1-'14kKINGl Ic.::oSOO 0 SF.NIO~ CE"-TEH 8b£t528 0 TOT>-L FA~f.NoJITURC:S 8t4bbt79b 'llobD • • • PROJECT ~ALANCE TO DATE AVAILABLE 377,741 5o3b0 47lo007 3t993 563,.,31 2t!lb9 36t 775 0 39o900 518t6!10 0 loc£5 0 6t00(1 l20o079 29t772 0 50,00(1 57t5d~ 82t'l'l1 (j 20o000 d'T-6t0t!7 58o50U 250 6 ~24t994 0 4o5CIO 22-lOOtU22 7JS-735 37.~6 .. 2o03b l4d7c 79t62& 0 24t000 3o80lo782 46t3£'1 132t440 585- 0 33.00(1 22t006 227t'l9'+ 0 25t000 l54ol50 350 0 lOOoOOO '156-956 no SOU 6t500- 23.:,09 'Jd,991 835.9 3 6 ze.sc;,z b o752t3&7 lt714t'+09 - • • • GCT 1<-l 9 7Y OTH£-.: :~ATEH CO~~E:CTION CHARGES PAW -..AT£~ S.:OLFS '"ASTF.: <~4Tfc P !Tfk-EST E~I<Nl,~GS ?FtiTt.L 1 r CO,_,E GAIN 1 0 ~ LG~SI ON SALE Of A!:.SETS "11 SCI'LL.Or.~ 'JUS !:.•J'3 TOTAL TOT.OL kEVE"WES • • • • • UEPANTM[NT OF fiNANCE HEAL12~TION OF 8UUbE1ED WFVENUES IIIIII.TF.:R FlJr.(J T"ROUGH SEP ~1 1~7~ ~0kT10N OF YEAR Tu UATf 75~ BUDG~ H::D f(fV~I\olJE!:. 2o50lt765 0 0 b!;oOOO 4~o.ooo :.;,soo 0 4Uo000 S~t,. 50 0 3o0b0o265 CUI<!< foiOIIITH t(t:.VEIIIUF.:S 706 6t238 0 0 0 0 0 0 6•236 6oC,44 • YR-TO-DATE REVF.:Nuf.S 64o69J 2,j9t3~0 0 42dt955 2.6::~9 ibO 88,«1)3 824.390 2·478,930 1> Of BUOG 0 0 0 9::, ~2 0 .?21 14~ til LAST YEAR TO DATE 1,677,195 72,377 258,079 364,459 2,604 2,806 700,325 2,377,520 - - • • SOURCE OF SuPPLY F-0\o'ER ~ PU"'PlfHi :PIJriiFICATION ·T~~NSHISSION ~ UlSTRIBUTION .AD~INIST~~TION ~ GENf.~AL TOTAL FXPENUlTURfS • • • • • uEPAMTMENT OF flNANCf E~PENDITUqES TO t~79 BUDGET IIIATEFC FUNU TMHOUbH SEP 31 1~79 PUHllON OF YfA~ To DATE 75~ ANNU"L ~UObf.T 3lbt5~1 23lt652 3o1o3,~20 3o47~t5t!O 2o1Uitt464 9•2"'1t•207 CUk;( MONTH f.~i>ENDS 16.672 25t568 13.~58 374.55~ l02t3~1 Y~-TO-OATE "(, OF EXPENDS ~UDG LA~T YEAR LA~ TO DATE YR 142,520 45 344,740 1<+9 5t261,.J6(S 166 3o2Bl '189 94 849tb65 40 425.662 65 128.231 73 473.837 41 228.375 16 401.652 49 9t87Yo6t!2 lOb 1.657.757 39 - I NTEP-bOVERNMENTAL REVENUE 1 F':OFRAL C:.FAII.T~ .OThER ~0\/EP~MENTAL UNITS SUi3 TOTAL DISPOSAL Sfi<IIICE OTH[k: CONNECTIU ~ CHA~uES -INSIDE. CITY CONNECTION ChARGES OUTSIDE CITY INSPFCTIO~ CHA~GES -COIJSTRUCTION <~U.STF. .,ATE~ SAMi>LllljG &. ANALYSIS I~TF~fST EARN INGS RFIIITI'L III:CCII'IE ~'ISCELLA NFO US SUI:! TOTAL • TOTPL kF.VENlJES • • • • • OEPAIHf'OE~ Of f !I~AIIICE HEALlZATlO~ OF 3UD~LlEO REVENUES SEWEI< flii•LI TH~OUGH SE? 31 1979 POHllON OF YEA~ T~ DATE 7~~ BUOGETE.O CUkH ~10NTI1 REVf.NU£S REVENUES l.,t, 459 0 C:4t55ij 0 2cl•017 0 1, Bt11, 660 7o5M3 0 'io61H 0 l4lt39l l • lo088 0 180 ':iOtOOO 0 0 JOO b!:>o369 0 l!:>!:>o369 152 o577 2o2o5o046 lbOoloO • • Yw-TO-DATE ~ OF LAST YEAR u REVENUES :3U06 TO DATE n 0 0 0 0 0 0 0 0 0 0 0 0 591,7'14 J1 640,310 84 3H do 1 0 65,149 130 1o252o9:,9 0 707,186 141 5o4t37 0 6,938 99 lo 't4b 0 125.14 .. 13'1 45,726 102 3oo00 0 3,000 0 0 4,280 43 1o42do0S4t ~19 832,279 60 ?•Ol9•o4o ~'I 1,472,589 92 • - • OCT l i> 197~ T k[ A H1C:: '"T 5 A~! I T A R Y' S Y S T E: ~ ADMINISTkATlUN ~ GENERAL TOTAL EAPE:NDITURE:S • • • • OE:PARTME:NT OF ~lNANCf. [AP[N!JlTURF.S TO 1,79 ~UOGET S[~E:R fl.INIJ THROUGH SEP ~1 1979 POkTION OF YEAR Tu OATf 75~ ANNUAL 8UD<>E.T CUI<~ MONTH [XI"t::NDS • 2o3UUt000 blt6~3 2ol3bt874 4o4~th557 0 bol83 11.~40 lbt 1<:3 • PAGE' 11 YR-TO-OATE -., Of LAST YEAR LASl EXPENDS BIJDG TO DATE YR ' 7tS.43l 3 0 0 &5,132 l 06 41,835 54 303o8U2 14 932,099 67 447oJo:, 10 973,935 57 • - • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT Nov. 28 1979 6 Englewood Downtown Develo~nt Authority Project. INITIATED BY The Development Authority. Referred by the Planning Co .. iss~on ACTION PROPOSED Approve a PLAN FOR DEVELOPMENT which is coaprised of four DEVELOPMENT PROJECTS and eight suppleaental projects. INTROOOCTION: The Englewood Downtown Development Authority (EDDA) bas identified a PLAN OF DEVELOPMENT area and bas developed a PLAN FOR DEVELOPMENT with- in that area which is coaprised of four priaary DEVELOPMENT PROJECTS. After having reviewed the four DEVELOPMENT PROJECTS, the City Planning and Zoning Coaaission bas added eight suppleaental projects and bas referred the expanded PLAN FOR DEVELOPMENT to the City Council with a favorable reco .. endation. BACKGROUND: The City Council established the Downtown Developaent Authority by Ordinance No. 25, Series of 1978, and appointed eleven persons to serve on the Board of Directors . The Authority bas retained the services of an Executive Director to administer its prograa. The Authority is charged in part to: 1 . Prepare an analysis of economic changes taking place in the central business district ; 2. Study and analyze the impact of metropolitan growth upon the central business district ; 3. Plan and propose public facilities and iaprovements of all kinds; 4. Iaplement any plan of development; and 5. In cooperation with the Planning co .. ission, develop long-range plans designed to halt the deterioration of property values. The Authority bas reviewed available data and has designated a PLAN OF DEVELOPMENT AREA within which they have deterained it is desirable to carry out a PLAN FOR DEVELOPMENT. The PLAN FOR IEVELOPKENT has I • - • • • • • ----------------------------------------------------------------------~-, been discussed at several meetings at the EDDA office, with property owners and business people, on a one-to-one basis between Authority ~abers or the Executive Director and in t erested persons , and at a Planning Co-ission Public Fol'WI . COMCLUSION AND RECOIDIEND.\TION : Having deterained that there is a need to take corrective ~asures in order to halt and prevent deterioration o f property values within the PLAN OF DBVBLOP.IENT AREA and further, t hat when iapla.ented, the PLAN FOR DEVELOPMENT would encourage developaent or redevelopaent by private enterprise within the subject area ; the City Planning and Zoning c~ aission re~nds that the City Council approve the following PLAN FOR DEVELOPMENT to be located in the 3400 block south, between Broadway and Lincoln. 1. Purchase and Construction of .!. Parking ,!£!. The lot itself is located oilihe west side of the 3400 block of South Lincoln Street. With the purchase of the Public Service Company property of 37,000 sqQare feet, space could be provided for 122 cars with 90° angle parking. 2. 3. 4. This project would consist of removing old aspbalt, regrading, repaving the lot, and landscaping . Provide a Walk-Through fr~ the Parking Lot to South Broadway. The bull"Ciing at 3450 South Broadway would be""Purcbased and an attractive walk-through would be aade available. Develo~ a Mini-Park. The area between 3434 and 3460 South Broadway froa t e-exlstlng buildings to the alley, would be developed into a aini-park for use by custoaers and eaployees. Construct a Covered Mall . The Mall would be constructed along the rear entrances of the-bUildings located between 3434 and 3460 South Broadway. This Mall would: • Provide a covered entrance to the businesses with a c~n area for display windows • • Hide roof-aounted mechanical equipaent . • Relocate or enclose unsightly utility meters and connections. • Provide for unifora signing . • Significantly iaprove the attractiveness of the area • SUPPLEMENTAL DEVELOPIIEMT PROJECTS : 1. • Underground Utilities. All utility lines in the 3400 block of the South Broadway/South Lincoln alley shall be undergrounded • J I • - • • • • • • L-. 2. Obtain Necessary Right-of-Way for Alley. The necessary land from that acquired for the proposed parking lot at the south portion of the alley shall be dedicated to the City to aake a coaplete 16 fa« alley. 3. Iaprove Alley. The alley itself should be resurfaced in conjunction with the construction of the parking lot and the aini-aall . 4. Assist Reoova tion of Buildings. The Downtown Develo.-ent Au thori'IJ' should develop programs and a financial aecbanisa to assist property owDers and businesses in renovating the rear of the buildings along tbe alley and to renovate the interior of the buildings. 5. Ooaeider Pedestrian Crossing . A crosswalk and a traffic signal should be considered for South Broadway at a point which coincides with the walkway. 6. Collduct a llarket Survey. A aarket survey for the entire Downtown should be conducted to deteraine the direction that the Authority should be beading. 7. Establish~ Outreach Program. In light of this aarket study, an outreach effort should be established to fill vacancies, develop vacant ground, and bring in new businesses. 8. Adopt an Overall Plan. The Downtown Development Authority should adopt the Downtown section of the proposed Coaprebensive Plan as its overall plan for the Downtown Develo~ent District • ACTION RECOM!'fENDED: City Council should receive the recommendation from the Planning and Zoning Commission and make the recommendation an official part of the Public Hearing records at the Public Hearing scheduled for December 18, 1979 at 7 :45 p .m . SUGGESTED ACTION: MOVED BY ___________ _ SECOND _________________________________ ___ YES ________ ~NO ________ ~ABSENT ____________________________________ ___ • I • - • •• • • • • • IIBIIORAMWM TO '1HE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR REOOMMEMn\TION OF THE CITY PLANNING AND ZONING COMMISSION • DI\TE : Moveaber 27, 1979 SUB.JBCT: Downtown Develo~nt Authority Plan for Developaent ~TIOM: Draper IIOYed: Lathrop and Bilo seconded: 1be Planning C~iasion reco-.end to Englewood City Council that the Plan for Developaent for the 3400 block South Broadway/South Lincoln be approved, with the following additions: 1. All utility lines in the 3400 block of the South Broadway- South Lincoln alley shall be undergrounded . 2. T~e necessary land froa that acquired for the proposed parkiDI lot at the south portion of the alley shall be dedicated to the City to .. ke a coaplete 16 foot alley . 3. The alley itself should be resurfaced in conjunction with the construction of the parking lot and the aini-.. 11 • 4. The Downtown Develo~nt Authority should develop prograas and a financial ~chani.. to assist property owners and businesses in renovating the rear of the buildings along the alley and to renovate the interior of the buildings. 5. A croaawalk and a traffic siiDal should be coaaidered for South Broadway at a point which coincides with the walkway. 6. A .. rket survey for the entire Downtown should be condUcted to deteraine the direction that the Authority should be heading. 7. In light of this .. rket study, an outreach effort should be established to fill vacancies, develop vacant ground, and bring in new businesses. B. The Downtown Developaent Authority should adopt the Downtown section of the proposed Coaprehensive Plan as its overall plan for the Downtown Developaent District. AYBS: Carsou, Draper, Lathrop, Tanguaa, Bilo MAYS: None ABSENT: Williaas, Pierson, Becker, Saith The aotion carried • By Order of the City Planning • Zoning eo..ission ~~A.~<'f6~ .... " • I • - • • • • • • • STAFF REPORT Page -1- STAFF REPORT RE: PLAN OF DEVELOPMENT Case #28-79 Englewood Downtown Develo~ent Authority Development Project. DATE 1'0 BE CONSIIERED AT PUBLIC FORUII: Noveaber 20, 1979 APPLICANT: The Englewood Downtown Developaent Authority. Referred to the City Planning and Zoning Co .. ission by the City Council. LOCATION OF SUBJECT IEVELOPMENT PROJECT: The Develo~ent Project is located in the 3400 block between South BroadWay and South Lincoln Street. The Project is within the Downtown Development Authority District. ZONE DISTRICT: The property is zoned B-1, Business. PROCEOORE AND DESCRIPI'ION OF REQUEST: Under the provi.sions of the State of Colorado enabling statutes for Downtown Developaent Authorities, the Englewood Downtown Developaent Authority is charged, in part, to: 1. Prepare an analysis of economic changes taking place in the central business district; 2. Study and analyze the impact of aetropolitan growth upon the central business district; 3. Plan and propose public facilities and improvements of a 11 kinds; 4. Implement any plan of development; and 5. In cooperation with the Planning eo .. ission, de- velop long-range plans designed to halt the deterioration of property values . • I • • - • • • • STAFF REPORT Page -2- • • • PLAN OF DEVELOPMENT Case #28-79 Before the Downtown Develo~nt Authority can actuall y undertake a developaent project• for a plan of developaent ~··· the City Council aust first approve the plan for de- velo~nt••• which applies to such developaent rnoject . Before Counci can take any action, however, the Plano ng Coaaission is given the opportunity to review the proposed plan and aake its written reco .. endations. The action before the co .. ission is to conduct a review of the proposed plan for developaent subaitted to the Council on Noveaber 5, 1979, and to forward any reco .. endations to Council by Deceaber 3, 1979. If the co .. ission does not respond within thirty days, the City Council may proceed to hold Hearings and take whatever action it deeas appropriate. Council bas already set a hearing date for Deceaber 18, 1979. The plan for developaent as subaitted to Council is as follows: 1. Purchase and Construction of a Parking Lot. The lot itself is located on the west side of the 34oo block of South Lincoln Street . With the purchase of the Public Service Coapany property of 37,000 square feet, space could be pro- vided for 122 cars with 90° angle parking. This project would consist of reaoving old asphalt, regrading, repaving the lot, and landscaping. 2. Provide a Walk-Through fro• tbe Parking Lot to South Broadway. The building at 3450 South Broadway would be purchased and an attractive walk-through would be aade available. 3. Develop a Mini-Park . The area between 3434 and 3460 South Broadway froa the existing buildings to the alley, would be developed into a aini-park for use by custoaers and eaployees • • "Developaent Project " or "Project" aeans undertakings and activities in a "plan of develo~nt area" for the develo~nt or redevelopaent of said area in accordance with a plan of de- v c lopaent. •• "Plan of developaent area " aeans an area in the Central Business District which the Board of Directors of the Downtown Developaent Authority and the City Council designate as appropriate tor a developaent project , ••• "Plan for developatent " aeans a plan, as it exists froa tiae to tiae, for the developaent or redevelopaent o f a downtown de- velo~nt area, including all properly approved aaendaents thereto • I • - • • STAFF REPORT Page -3- • • • PLAN OF DEVELOPMENT Case #28-79 4 . Construct a Covered Mall. The Mall would be con- structed along the rear entrances of the buildings located be- tween 3434 and 3460 South Broadway . This Mall would: • Provide a covered entrance to the businesses with a common area for display windows . • Hide roof-mounted mechanical equipaent. • Relocate or enclose unsightly utility meters and connections. • Provide for unifora signing. • Significantly iaprove the attractiveness of the area. A plan of the reco .. ended improvements is attached as Appendix "A". RECOIOIENIL'TION ~OF ntE DEPARTMENT OF COIOIUNITY DEVELOPMENT: The Departaent of co .. unity Developaent recoaaends that the City Planning and Zoning Coaaission support the Plan of Develop!ent as reco .. ended by the Downtown Developaent---- Autbority, with the following additions: 1. All utility lines in the 3400 block of the South Broadway/South Lincoln alley shall be undergrounded. 2. The necessary land from that acquired for the pro- posed parking lot at the south portion of the alley shall be dedicated to the City to aake a coaplete 16 foot alley . 3. The alley itself should be resurfaced in conjunction with the construction of the parking lot and the aini-aall • 4 . The Downtown Developaent Authority should develop prograas and a financial aechanisa to assist property owners and businesses in r e novating the rear of the buildings along the alley and t o r e novate the interior of the buildings . 5 . A crosswalk and a traffic signal should be con- sidered for South Broadway at a point which coincides with the walkway . 6. A aarket survey for the entire Downtown should be conducted to deteraine the direction that the Authority should be heading • • I • - STAFF REPORT Page -4- • • • PLAN OF IEVELOPMENT Case #28-79 7. In light of this market study, an outreach effort should be established to fill vacancies, develop vacant ground, and bring in new businesses . 8 . The Downtown Developaent Authority should adopt the Downtown section of the proposed Comprehensive Plan as its overall plan for the Downtown Development District. BACKGROUND: A number of studies have been undertaken by or for business people, ad hoc citizen committees, the Chamber of Comaerce and the City to consider both the development in the Downtown area and the need for permanent off-street parking. The first of the studies of record was concerned with the need to acquire sites for off-street parking. This study was under- taken by a group of local businessmen• in 1950. One of the five sites which the co .. ittee recommended be acquired was on the west side of the 3400 block of South Lincoln Street. The 1950 study was followed by studies prepared by the University of Colorado Bureau of Business Research in 1960, Larry Smith and Company in 1961, Small-Cooley Associates in 1964, the Parking Monograph prepared by the Planning and Traffic Department in 1964 and the study prepared by Environ- aental Planning and Research, 1973. There have also been several other parking co.aittees, action co .. ittees, and action force co .. ittees which have been asked to consider various aspects of the central business district since 1950. A Denver Regional Council of Governments staff person also studied the feasibility of locating a hotel on the City-owned lot in the 3300 block between South Acoma Street and South Bannock Street. Many hours have been spent in the preparation of these reports and in Committee meetings over the past 30 years, and aany very valid recommendations have been offered. As the saying goes, we have spent a lot of time marching inside the fort but we haven't gone out of the gate to get into the battle. The recommendations have been made, but there has been little im- plementation. • Kernan Weckbaugh (Chairman of the Board, First National Bank of Englewood) Chairman; N. B. Burt (President, Burt Chevrolet, Inc.); Harry Groussaan (President, Grouasaan Incorporated); Rex Richards (Manager Englewood Office Mountain Bell and President, Chamber of Commerce); Don B. Weist (Englewood Realtor). Ex-officio: Harry Burns (Manager, J.C . Penney and Company). I • - f.; STAFF REPORT Page -5- • • • PLAN OF IEVELOPIIENT Cas !f28-79 A group of local businessaen beaded b Jack Eacbon, then President o f the First National Bank of Englewood, and John Ja•eson, Editor of the Englewood Herald, for• d the Down- town Englewood Development Authority in 1960, and some l and was actually acquired by this c orporation . No power of taxa- tion or public monies were available to t he group and DEDA eventually folded and the land which ha d been acquired was sold. The City was interested in DEDA , but was not a partner in the venture . Taking advantage of the new Downtown Development Authority Act, the Englewood City Council established the Downtown Development Authority by Ordinance No. 25, Series of 1978, and appointed eleven persons to serve on the Board of Directors . Five mills have been levied on property within the District and for the first time since 1950, there is an official body which is in a position to iaple•ent programs. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Plan of Development submitted by the Englewood Downtown Development Authority is in co•pliance with the 1969 Comprehensive Plan and the Downtown Section of the 1979 Com- prehensive Plan, which is before the City Council. COIOIENTS FROII OO'HER DEPARTMENTS: While the Development Project will require the cooperation of all City depart•ents and the public utility companies, no objection to the Project bas been received. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: As stated previously, the Plan of Development as sub- mitted to the City Council is consistent with the co .. ission- approved Downtown section of the Revised Englewood Co•prehensive Plan. In this particular instance, parking bas been identified as a significant need, both in the Co•prehensive Plan and con- sistently by landowners, merchants and others concerned with the Downtown. While there is existing parking in the area, it is on land that could conceivably be developed privately by the owners. If this occurs, then the businesses in the 3400 block of South Broadway will have a severe parking problem. • I • - •· I ,; • • ,, ·' STAFF REPORT Page -6- • • • PLAN OF DEVELOPMENT Case #28-79 According to the requirements of Englewood's Compre- heasive Zoning Ordinance, just the businesses along the east side of the 3400 block of South Broadway would require 220 parking spaces if built today. Even providing 122 permanent secured spaces will not meet this requirement. However, the Department of Community Development has conducted a survey on this lot and the maximum usage was 25%. The survey is attached as Appendix "B". Perhaps the best justification for the need for this parking falls in two parts : 1. It is a visible action that demonstrates that improvements can be made in the Downtown ; and 2. It provides secure parking for Broadway businesses. While the provision for peraanent secure parking aay be necessary to revitalize th e area, it is certainly not suf- ficient. The Plan of Development recognizes this by including items that will begin the process of upgrading the area. The ultiaate objective in any plan of this type must be to in- crease the number of shoppers in the area. Work must be done to iaprove the general unsightliness of the area in order to bring aore people to the Downtown. It is just not generally a very attractive place to shop, especially if the main en- trance to the shopping area is through the rear of the 3400 block. The Walk-Through will increase the usefulness of the parking for those businesses without rear entrances and for those businesses on the west side of South Broadway. The mini-aall begins the process of actually upgrading the structures, and the mini-park and well-landscaped parking lot will make the area a much more pleasant place for pedestrians. If there is any lack in the Plan of Developaent as proposed, it is that it does not go far enough . Soae aechanism should be proposed to renovate the rear exteriors on the re- maining buildings. Plans should be proposed for the eventual undergrounding of all the utilities in the alley. The interior of the buildings generally need a lot of work and soae plan for this should be developed. Even more broadly, this particular Plan of Developaent should be viewed within the larger context of the entire Down- town Development Area . Goals and objectives should be set for the whole area as well as for saaller parts . How will all of this eventually fit together? What are the short and long-tera projections of Downtow n Englewood's econoaic future? Is there an overall parking plan for the entire Downtown? These and other questions aust be addressed if a truly comprehensive ap- proach to Downtown Development is to succeed. I • - • ·, . ' '. • • • • .SOUTH ---_: :.-==::::.:. __ -=:.:----•-w----- BROADWAY • ----==-:==-=--=:=.===~....:.:::::-::--~===--:... ==..:..~~~-::..::::.-~ _:::__ ..:......:..._..:_..;. __ _ N\C> ~ WAI..k. ...,.HROUG..a lL 0 -r 1/1 ~ ,(" ~~{2R<;y !>f'~ / "'-- ..,, fC .344o APPENDIX "A" • ti lJl G lr < lO ,p u /:__.~ ..1 ( "' '7 ~ L_ • -' 7~3/i 0~-- <:Yb ~-.. &.D...__ z._ALLE.Y • ---/:::--...,lllTot ~: ,. -2..0 '-o· - - • • • • • ---------, - niLi_r-:::~ l ~----------------------------------====~ ...___J t LI N CO LN _I-r -. -----__L __ D£.4=iART""'E.Nr '7' C.CMMUNIT"Y Dr.VE:LOPl"\l!:f'ir C..1 rv e; E o.G ~ "'-t>o c, t!o L..L) ~ oo • • ---_ _j__ ---..-" --\._ L .• S r. --'-_ __ j_ -------.J -I -J. --.l ·-4-- - • • • • • MEMORANDUM ---------- TO: D. A. Romans, Assistant Director -Planning Division FROM: B. S. Young, Assistant Planner DATE: September 19, 1979 SUBJECT: GOAL: Survey of Public Service and Shoppers parking lots in the 3400 Block of South Lincoln Street, and the parking on both sides of the street. Also included in this survey is the movement of auto and pedestrian traffic onto and off of Lincoln Street and into and out of the parking lots. To identify the parking patterns in the 3400 Block of South Lincoln Street. METHODOLOGY: Members of the Planning staff surveyed the lot from 8:00 A. M. to 5:00 P. M. aaking hourly records of license plate numbers of parked cars to determine the length of time cars were parked. Between the hourly surveys traffic counts were taken of cars aoving in and out of South Lincoln Street, pedestrians in the Shoppers and Public Service parking lots, am to some extent, movement of cars in and out of these parking lots and the Safeway parking lot across the street. RESULTS: The West side of South Lincoln Street Parking lot survey showed the following hourly use of the parking lot. There are 115 striped parking stalls, plus several gravel areas, one of which is a 50 x 125 foot space for cars at the north end of the lot. This space, although a private lot was included in the survey. The square footage of the entire area surveyed is 50,962.5 sq. ft. which would allow a maximum of 160 cars if it were full. The percentage of the area used, based on 115 striped car stalls plus an approximate 45 spaces for an assumed capacity of 160 cars is as follows: APPENDIX "B" 0 I • - • • • • • D. A. Romans September 19, 1979 Page -2- ~ # of Cars % of Lot Used 8 A. ... 16 1% 9 A. ... 25 16% 10:10 A. M. 34 21% 11 A. M. 33 20% Noon 40 25% 1 P. ... 32 20% 2 P. M. 26 16% 3 P. M. 27 17% 4 P . ... 40 25% 5 P. M. 38 22% T IIIE USAGE: Analysis of the length of time cars were parked: Time Parked Long-term parking (6-10 hours) Medium-term (2-5 hours) Short tera (1-2 hours) Less than 1 hour CONCLUSION: # of Cars 8 28 24 80 The parking space appears to be underused with only 25% of the lot being used at any one tiae. Fifty- seven percent (57%) of the cars observed aade short term stops of under one hour; however, it is reason- able to assume that 40 to 50 more cars took ad- vantage of the lot between the hourly surveys for short periods to visit businesses in the area. The percent of the lot used may also be low because of three large graveled areas and a fenced loading area which were used less than the paved and striped areas. Mid-morning and late afternoon saw the greatest activity in the lot; the greatest number of cars e ntering and leaving the parking lot were observed during these times. The attached map shows the location of cars parked in this area. RESULTS : The Street Parking Survey showed the following hourly use of the approximate 34 spaces along both sides of the street. · .. I • - - D. A . Ro111ana September 19, 1979 Page -3- Tiae 8 :15A .M. 9 :00 A.M. 10:20 A.M. 11:25 A.M. 11:55 A .II. 1:00 P .M . 2:00 P.M. 3;00 P.ll. 4:00 P.ll. 5:00 P.ll . # o f Cars 3 12 13 11 14 1 7 14 13 14 17 • • • % of Available Space Used 8% 35% 38% 32% 41% 50% 41% 38% 41% 50% TillE USAGE: Analysis of the length of time parked. Time Parked # of Cars Long-term (over 6 hours 3 Medium Term (2 - 5 hours) 6 Short term (less than 2 hours) 69 CONCLUSION: RESULT: Of 78 cars observed, 11% used street parking for more than two hours, and 74% were parked less than one hour. Of Pedestrian traffic in the Shoppers and Public Service parking lots: TillE USAGE: Time 8:15 - 9:00 9:15 - 10:10 10 :20 - 10:55 11:25 - 11:45 12:15- 1:00 1 :15 - 2:00 Into Stores Vehicles /Walkers 10 5 25 4 8 8 6 18 1 20 Out of Stores Vehicles /Walkers 11 4 8 4 13 3 3 22 3 21 Walked Thru 5 4 - I • • - • • • • • D. A. Romans September 19, 1979 Page -4- Time 2:15 - 3:00 3:45 - 4 :00 CONCLUSION : RESULT : Direction Into Stores Vehicles /Walkers 20 7 3 Out of Stores Vehicles/Walkers 27 17 1 Walk ed Thru 5 8 Pedestrian traffic through the lot was observed for a total of four hours, forty-five minutes, with 304 pedestrians counted. Of these, 7 9% entered or left the parking lot in vehicles parked there. 13% of the pedestrians entered or left businesses on foot. Only 7% of the pedestrians observed were walking through the parking lot. Nearly all of this traffic was generated by either the restaurant or the Public Service Office. The survey of auto traffic movement on South Lincoln Street was done between hourly counts of parked cars, a total of six hours of observa~ tion. One thousand, two hundred ninety-four (1,294) vehicles were counted during these periods . Of this number, the following percentages of vehicle movement were noted : # of 1,294 Vehicles. Onto South Lincoln from West at East Girard ••••••••.•••• l 9% Off South Lincoln, turned west on East Hampden ••••.•••.• l6% Off South Lincoln, turned west on East Girard ••••••.•.•• l3% Onto South lincoln from west at East Hampden ••••.•.•.••. ll% Off South Lincoln, turned east on East Hampden ••••••.... 9% Onto South Lincoln from east at East Hampden ••.•.••.•••• 9% Off South Lincoln, turned east on East Girard ••••.•••••• 9% Onto South Lincoln from east at East Girard •••..••....•• 6% Vehicles passing through South Lincoln: Southbound •••..•••••••.••••.•.••.•.•.••••• 3 % Northbound •..••••.•.•.•••..••••.•••••••••• 4 % See attached map showing the number of cars traveling in these directions. - I • • - - • • • •• • D. A. Ro-ns Septe.aber 19, 1979 Page -5- CONCLUSION: RESULT: 60% of the traffic moveaent was to the west between South Lincoln Street and South Broadway. The survey of traffic aoveaent entering or leaving either the Safeway parking lot or the Shoppers and Public Service parking lots, and the private parking lots on the west side of South Lincoln Street, was done at intervals during the day, totaling 3 hours, 35 ainutes of observation of 511 vehicles. The nuabers of vehicles in each direction are noted on the attached map. CONCLUSION: gw 67% of this traffic was aoveaent into or out of the Safeway Parking lot; 33% aoved in or out of the parking lots on the west side of South Lincoln. The aaount of traffic into or out of these lots on each side of South Lincoln Street was about evenly divided. I • z llJ [l ~ 4 -r Ul / ( '-'~ '?LitA.I <.:.. J~Q._ "t tl . i-OT u.tro LCT ~7 t ~ ;So eP.DA.CWA.Y ------------------------ ---------------~=== ALL.t::Y sHol"''--'l <..C,. J., \. ":. o<n·,r 1-.c-r '11S2.. 1 ) I f>\''W""\1 '-CI '--,.,! J D -· --·~ --~~···---... [? -'\' _jl u . ~ ... ,. ~ c l(if ~ J ~ -L--r ~--,-:;-I: -'<"t3 ~No• :u,~-~r ___ ...L=:LJ~·!l.~ .SO . LI ~COL N .sr. ----,.31 II -------No : -· 122.. f-J ! I 1 l 1 --~ _ INlO ._,.,0 14-'\- S AF£ .... "( PAJIItllot_.\N ~ l..OT' OU7'"f 1-.CT rn ~4=lti.~T'ME.N I ~ C.OMMVNirY DE.VE:I.OP/''-'\!:1"1 C.l'r'( ef E."'C.L.&:~t::>, <201-.C>~DO • • r_L __ J ___ ,_r I LJ_L _ _j__J__J_j_ __ ~) I /fp ~E-rT"TR..A.f"'FIC.... ~~E"R..V CD -A \l.'IAL c:-r <.eo 1 ,._,.....,..,-~ • 1"-~IC. !N't(.)/CVTOF' 'PA-R-KING '-01 '5 C't'oS'=t>.V£D 3tbu'!..~3S I\.1 I I l ' I • •• - • • • • • ~~~~~~~--~-~--~r--~~~----- 1 ~;.w.. " <!..ITY -f E.NGI-CWOOD, C!.OLO~ t:EA":" cf COMMIJ.JITY DEVE~\£NT • ~ J w z 0 t • • 0 --r-NORTri ( NC.· .SCAI ... E) /C~ _s.:~~/lhv / e-e-z.:;!.:t -YL- ~c~J~-A~~ /<!'1--~~4 /C--7:7/u.. - ( • • 41 ORDINANCE NO. SERlES OF 197·xg----- • • • BY AUTHORITY 7 AJ COUNCIL PILL NO. 42 INTRODUC['D BY COUNCILMAN CLAYTON AN ORDINANCE APPROVING AGREEMENT BETWEEN CITY OF LITTLETON AND CITY OF ENGLEWOOD RELATING TO THE BI-CITY PLANT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The following agreement between the City of Englewood, Colorado, and the City of Littleton, Colorado, be and the same is herey approved: AGREEMENT This Agreement entered into this .Jild._ day of~ n ~ V 19 , by and between the City of Littleton, Colorado, a municipal corporation of the State of Colorado (hereinafter referred to as "~ittleton") and City of Englewood, Colorado, a municipal corporation of the State of Colorado (hereinafter referred to as "Englewood"); WHEREAS, Littleton and Englewood are joint owners of th0 Littleton Englewood Bi-City Sewer Plant located within the City of Englewood (hereinafter referred to as "Bi-City Plant"); and WHEREAS, Littleton and Englewood, by previous agreement, each own and are entitled to Fifty Percent (SO%) of the operating C.lp<tcity of said Bi-City Plant, which capacity is approximately equivalent to Fifty-six Thousand (56,000) single-family or equivalent sewer taps with Littleton being entitled to Twenty-eight Thousand ( 2 8 , 0 0 0 ) ; and • I • • - - ( • • • • • • WHEREAS, at the pi~sent time Englewood is using in excess of its Fifty Percent (SO\} capacity of the Bi-City Plant and has sold additional sewer taps, which, when connected, will greatly exceed Englewood's share of said capacity; and WHEREAS, Englewood has directed that the old Englewood Sewer Plant be reactivated with an anticipated operation date of August, 1981 with a treatment capacity of 5 MGD, or approximately Fourteen Thousand (14,000} single-family or equivalent sewer taps; and WHEREAS, Englewood is desirous of using a portion of the remaining capacity of the Bi-City Plant until such time as the old Englewood Sewer Plant is on line and operational, at wh ich time Littleton would receive a refund of any of its capacity used by Englewood during the intervening period; and WHEREAS, upon activation of the old Englewood Se r Plant, Englewood would be entitled to such capacity as provid d by the B--City Plant and the old Englewood Sewer Plant such as to guarantee Englewood sufficient capacity to provide for Fort• -wo T'1ous.:~nd (42,000 } single-family or equivalent sewer taps, and Littleton would be entitled to Twenty-eight Thousand (28,000} single-family or equivalent taps . NOW, THEREFORE, IT IS AGREED by and between the parties hereto that: 1 . For and in consideration of the mutual promises and covenants contained herein, Littleton agrees to allow Englewood the usage of capacity presently owned by Littleton in the Bi-City -2- • I • • - - ( • • • • -· • Plant according to the schedule attached hereto marked as Exh ib i t A and incorporated h e rein by this reference. 2. In exchange for the use of a portion of Litt l eton's remaining capacity in the Bi-City Plant, Englewood agrees that: A. The old Englewood Sewer Plant located in the City o :: Englewood will be react i v a ted so as to allow that plant to b e operational by August, 1981 wi th an anticipated treatment capacity of Five (5) MGD, or Fourteen Thousand (14,000) single-family or equivalent sewer taps. B. That Englewood will bear all costs incurred or necessary for the reactivation of the old Englewood Sewer Plant, including, but not limited to, the cost of construction for any new sewer lines and other necessary equipment. 3. Englewood further agrees that it shall hold harmless and indemnify Littleton from any and all claims or suits arising out c ·f the reactivation or construction of the old Engl e wood Sewer Plant. Englewood will take all appropriate measures to avoid damage or malfunction to the Bi-City Plant from the construction or re- activation of the old Englewood Sewer Plant • 4. The parties further agree that: A. Each City wi ll provide monthly to the other a listing of the number of taps i ssued by it or connected to the sewer lines during the previous mon t h in order to adequately advise each of the Cities as to the r em a i ning c apa city of the plant. -3 - I • - • • • • • B. Each City will adopt an allocation plan for the issuance of new sewer taps to assure each other that plant capacity is pre- served in sufficient amounts so as to satisfy respective charter requirements of each City and to provide for the future needs of the in-city residents of each City as well as those portions of the drainage basin served by each City. Each City will take such steps as are necessary to assure that sufficient capacity remains for those needs prior to the anticipated Phase 2 development of the Bi- City Sewer Plant. Said allocation plans may, from time to time, require amendment so as to achieve the preservation of capacity as detailed herein, and it is agreed that the parties shall adjust their allocation schemes accordingly. Specifically, amendment shall be required in the event that the anticipated date of operation of the old Englewood Sewer Plant is delayed or if the anticipated schedule for Phase 2 development of the Bi-City Plant is delayed. C. The initial allocation plan of each City, including the number of taps reserved by each City for use of its in-city residents as shown on said Exhibit A heretofore incorporated herein. The allocation formula specified in Exhibit A is a guide and may be modified by either City at its o wn option to minimize financial imports within the respective dra inage basins. Both Cities agree that each will insure that no more taps will be activated than the totals shown in Exhibit A (Englewood 42,000, Littleton 28,000) until each City shall have on line addiitonal sewage treatment capacity to accommodate active taps beyond these limits. -4- • I • • - - • • • • • • D. That Littleton and Englewood shall forthwith proceed with all steps necessary to achieve construction of the Phase 2 addition to the Bi-City Plant by the year 1985. 5. This agreement, nor any provision hereof, shall in any manner act to or be construed to abrogate, modify, limit, or other- wise change the agreement of the parties relative to the Bi-City Plant entitled AGREEMENT BETWEEN THE CITIES OF LITTLETON AND ENGLE- WOOD, COLORADO, FOR A JOINT-USE WASTEWATER TREATMENT FACILITIES dated July 2, 1973, nor any provision therein, said Agreement to remain in full force and effect. 6. Failure to comply with any of the terms or conditions herein shall be considered a breach of this Agreement and shall be grounds for termination of the Agreement by the non-breaking party at its option. Termination shall be effective upon ten days' written notice to the other City's City Manager. CITY OF LITTLETON, COLORADO James P. Collins President of Council ATTEST: Janet G. Harrison, City Clerk APPROVED AS TO FORM: Larry W. Bl !rkowitz City Attorney -5- CITY OF ENGLEWOOD, COLORADO James L. Taylor, Mayor ATTEST: Gary R. Higbee, City Clerk APPROVED AS TO FORM: Bernard V. Berardini City Attorney I • - - • • • • C<UtUH A TAP ALLOCATION PLAN LITTLETON/ENGL£1.1000 CH -CITY SEWER PLANT Total Plant Capacity of Bi-City Plant (Numbers of Taps) Taps sold and on line as of September 12, 1979 Taps allocated October 1, 1979-October 1, 1980 Taps allocated October 1, 1980-October 1, 1981 (Old Englewood Plant on line September 1981. Englewood picks up 14,000 additional taps) Taps a ·l located October 1, 1981 -October 1, 1985 1,290 per year for Englewood 1,833 per year for littleton TOTAL TAPS AllOCATED . By September, 1985, Phase II of the fi i-~ity Plant Should be on line and tt p limitations can be e limi nated ENGLHJOOD 28,000 34,260 l ,290 * 1 ,290* 5.160 LITT LETO N 28,000 17,000 1,833 >b'< l ,833 ;;,·, 7,33 4 * Of the 1, 290 t&ps allocated 910 s c hedul ed !or o~tsi.de city liJIIito •m<l 380 c ~.::;~.:cv <!u for City of Englewood. •~* Of the 1,833 tapa allocated 1 ,3 00 a ro f or contract "orv.Lco to out~>:i.<lc-&:hu-c.i.ty sewr.r districts, 300 t&pa each year for builders withia Littleton, ao<l rcmainin& 233 taps in reserve. -6- I . - • • • • Introduced, read in full, and passed on first reading on th e 1st day of October, 1979. Published as a Bill for an Ordinance on the 3rd day of October, 1979. Read by title and passed on final reading on the 3rd d a y of December , 1979. Published by title as Ordinance No.~-------' Series of 1979, on the day of December 1979. Attest: Mayor Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk, do hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. Series of 1979. Jan~ce L. Watkins -7- • I • • - ( ' . • • ORDINANCE NO. 48 SERIES OF 197_9 __ __ • • • BY AUTHORITY COUNCIL BILL NO. 49 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE AMENDING CHAPTER 9, ARTICLE XI, BY ADDING A NEW SECTION RELATING TO SHOPLIFTING AND RIGHT TO DETAIN AND QUESTION AND DECLAR- ING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Chapter 9, Article XI, of the '69 E.M.C. is hereby amended by adding new subsections 9 and 10 to read as follows: 11-9-9: SHOPLIFTING It shall be unlawful for any person to wilfully conceal unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on his person or otherwise and whether on or off the premises of said store or mercantile establishment, which goods, wares or merchandise have a total value of less than Two Hundred Dollars ($200). Such concealment constitutes prima facie evidence that the person intended to avoid payment therefor. 11-9-10: RIGHT TO DETAIN AND QUESTION If any person conceals upon his person or otherwise carries away any unpurchased goods, wares, or merchandise held or owned by any store or mercantile establishment, the merc hant or any employ e e the reof or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, ma y d e t ai n and question such person, in a r e ason- able mann e r, for the purpose of ascertaining whether the p e rson is guilty of shoplifting. Section 2. The City Coqncil finds and determines that the incidents of shoplifting in amounts less than Two Hundred Dollars ($200) within the major shopping areas of the City have become a significant munici- pal problem and therefore finds that an emerg ency exists and that this ordinance shall become effective upon publication following initial passage. ~ • I • - - • • • • - 2 - Introduced, read in full, and passed on first reading on the 19th day of November, 1979. Published as a Bill for an Ordinance on the 21st day of November, 1979. Read by title and passed on final reading on the 3rd day of December, 1979. Published in full as Ordinance No. 48, Series of 1979, on the 5th day of December, 1979. Mayor ATTEST: Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk, City of ED6lewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final read- ing and published in full as Ordinance No. 48, Series of 1979. Janice L. Watkins I . • - - • • • ORDINANCE NO.~ SERIES OF 1979 • • • BY AUTHORITY If c COUNCIL BILL NO. 51 INTRODUCED BY COUNCILMAN GISEBURT AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CON- TAINED IN BLOCK 4, BANK ADDITION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO, AND RETAINING EASEMENTS THEREIN. WHEREAS, there presently exists between East Dartmouth Avenue and East Eastman Avenue a right-of-way which varies in width between 81.37 feet and 80.85 feet in the 3100 Block of South Clarkson; and ~1EREAS, on October 16, 1979, the Planning and Zoning Commission recommended to City Council that the excess right-of-way on the west side of said 310 0 Block of South Clarkson should be vacated and that ea sements b e retained to provide access to ut ility service lines. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLL OWS: Section 1. The hereinafter described property located in the City of Englewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of Part 3, Article 2, Title 43, 1973 Colorado Revised Statutes, as amended, and title thereof shall vest in the owners of the abutting land as provided in said Articl e , said va cated land being more particularly described as follows: The land adjacent to the east side of Lots 25 through 48, Block 4, Bank Addition, beginning at the NE corner of Lot 48, Block 4, Bank Addition, thence East 12.87 feet; thence South to a point 14.4 feet East of the SE corner of Lot 2 5, Block 4; thence We st to the SE corner of said Lot 25; t hence North along the East line of Bl oc k 4 to the point of beginning, Arapahoe County , Colorado, con taining 8 385 square feet , more o r les s. Section 2. The h erei na bove de s cribed land is lpcated entirely within the City of Englewood and does not constitute a boundary line betwe e n the City of En glewood and any other county or other municipality . • I • - - • • • • • • • • Section 3. The vacation of the hereinabove described property will not leave any adjoining land without a n e stabl ished publi c road connecting said land with another established public road. Section 4. The City of Englewood does h ereby expre ssly r eserve the r~ghts-of-way or easement s for the continued use of e xist ing sewer, gas, water , or similar type lines and appurtenances, and for ditches or canals and appurtenances, for electric, telephone, and similar lines and appurtenances, if any, now located in the hereinabove described parc el vacated. Introduced, read in full, and passed on first reading on the 19th day of November, 19 79. Published as a Bill for an Ordinance on the 2 1st day of November, 1979. Read by title and passed on final reading on the 3rd day of December, 1979 Publ~p~d by title as Ordinance No. ~tf , Serie s of 1979, on the ,~~da y of December , 1979 . Attest: Mayor Deputy City Clerk I, Janice L . Watkins, Deputy City Clerk of the City of Englewood, Colorado, do hereby certify that the above and fore- going is a true, accura t e, and comp lete copy of the Ordinance passed ~ final reading and publis hed No. )/~ , Series of 1979 . by title as Ord inance Janice L . Wa tkins -2- ' ' • I • • - - '. ·' • • • • • • • • ORDINANCE NO.~~ SERIES OF 197_9 __ __ 7 b . COUNCIL BILL NO. 49 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE AMENDING CHAPTER 9, ARTICLE XI, BY ADDING A NEW SECTION RELATING TO SHOPLIFTING AND RIGHT TO DETAIN AND QUESTION· BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Chapter 9, Article XI, of the '69 E.M.C. is hereby amended by adding new subsections 9 and 10 to read as follows: 11-9-9: SHOPLIFTING It shall be unlawful for any person to wilfully conceal unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on his person or otherwise and whether on or off the premises of said store or me rcantil e establishment, which goods, wares or merchand i se have a total value of less than Two Hundred Dollars ($200). Such concealment constitutes prima facie evidence that the person intended to avoid payment therefor. 11-9-10: RIGHT TO DETAIN AND QUESTION If any person conceals upon his person or otherwise carries away any unpurchased goods, wares, or merc handise held or owned by any store or mercantile establishment, the merchant or any emp l o yee thereof or any peace officer, acting in g ood faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person, in a reason- able manner, for the purpose of ascertaining whether the person is guilty of shoplifting. Introduced, read in full, a nd passed on first reading o n the 19th day of No v ember, 1979. Published as a Bill for an Ordinance on the 21st day of November, 1979 . I • - - .. • • • • • • • Read by title and passed on final reading on the 3rd day of December, 1979. Published by title as Ordinance No. ______ , Series of 1979, on the day of December, 1979. Attest: Mayor Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1979. Jan1ce L. Watk1ns -2- • J I • • - • • • • • ORDINANCE NO. //0 SI::RIES OF 1979 • • • BY AUTHORITY .l D COUNCIL BILL NO. 52 INTRODUCED BY COUNCILMAN GISEBURT AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CON- TAINED IN TIMBER LEA PLANNED DEVELOPMENT AREA WITHIN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. WHEREAS, on June 18, 1979, Alsum Brothers, Inc. granted an 8-foot parcel of property by deed for public alley purposes; and WHEREAS, it has now been determined that through a typo- graphical error the City of Englewood received excess and incorrect dedication for the Clarkson-Emerson alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The hereinafter described real property located in the City of Englewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of CRS 43-2-301, et seq. (1973), as amended, and title thereof shall vest in the owners of abutting land as provided in said Article, said vacated land being more particularly described as follows: A part of the SW 1/4 of NW 1/4 of Section 35, Township 4 South, Range 68 West of the 6th P.M., City of Englewood, County of Arapahoe, State of Colorado, more particularly described as follows: Commencing at the SW corner of said NW 1/4; thence Northerly along the West line of said NW 1/4 495.23 feet; thence on an angle to the right of 89°53'22" and easterly 189 feet to the point of b e ginning; thence continuing Easterly along the aforesaid course 8 feet; thence on an angle to the right of 90°06'38" and Southerly 250 feet; thence on an angle to the right of 89°53'22" and Westerly 8 feet; thenc on an angle to the right of 90°06'38" and Northerly 250 feet to the point of beginning. Section 2. The hereinabove described land is located entirely within the City of Englewood and does not constitute a boundary line between the City of Englewood and any other county or other munici- pality . I • - - • • • • • • Section 3. The vacation of the hereinabove described property will not leave any adjoining land without an established public road connecting said land with another established public road. Introduced, read in full, and passed on first reading on the 19th day of November, 1979. Published as a Bill for an Ordinance on the 21st day of November, 1979. Read by title and passed on final reading on the 3rd day of December, 1979. on ~~plished by title as Ordinance No.~{) the .5tf' day of December, 1979. Attest: Deputy City Clerk , Series of 1979, Mayor I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. ______ __ Series of 1979. Janice L. Watkins -2- • I • • - ORDINANCE NO. ,~/ / SERIES OF 1979 • • • BY AUTHORITY 7 E COUNCIL BILL NO. 53 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE VACATING A PORTION OF WEST QUINCY PLACE CONTAINED WITHIN HAYES SUBDIVISION IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. WHEREAS, West Quincy Place, being a 60-foot right-of-way for street purposes, was dedicated by plat in the Hayes Subdivision in 1955; and WHEREAS, West Quincy Place extends 125 feet east of the south right-of-way line of South Lipan Street and deadends at the west line of Jason Park; and WHEREAS, on October 16, 1979, the Planning and Zoning Commission of the City of Englewood found and determined that the entire right-of-way was not needed and that only a 16-foot right- of-way for park maintenance vehicles and pedestrian access to the east entry to Jason Park should be retained. ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: • • • Section 1. The hereinafter described real property located in the City of Englewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of CRS 43-2-301 et seq. (1973), as amended , and title thereof shall vest in the owners of the a butt ing land as prov id ed in said Article, said vacated land being more particularly described as follows: The nort herly 22 feet and the southerly 22 feet of West Quincy Place adjoining Lots 30 and 31, respectively, in Hayes Subdivision, City of Englewood, Arapahoe County , Colorado. Section 2. The h ereinabove described land is located entirely within the City of Englewood and does not constitute a boundary line between the City of Englewood and any other county or other municipal ity . Section 3. The vacat ion of the hereinabove described property will not leave any ad joi ning land without an established public road connecting s aid land with another established public road . I • - - • • • • • • Section 4. The City of Englewood does hereby expressly reserve the rights-of-way or easements for the continued use of existing sewer, gas, water, or similar type lines and appurtenances, and for ditches or canals and appurtenances, for electric, telephone, and similar lines and appurtenances, if any, now located in the hereinabove described parcel vacated. Introduced, read in full, and passed on first reading on the 19th day of November, 1979. Published as a Bill for an Ordinance on the 21st day of November, 1979. Read by title and passed on final reading on the 3rd day of December, 1979. ~---1 . ;ppPlished by title as Ordinance No. ~ , Series of 1979, on the~day of December, 1979. Attest: Mayor Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. , Series of 1979. Janice L. Watk~ns -2- • I . - • • ORDINANCE NO. SERIES OF 197_9 __ • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 54 INT~CED BY -~ - AN ORDINANCE AMENDING SECTION 61, CHAPTER 2, TITLE XII, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY DELEGATING AUTHORITY TO THE DIRECTOR OF COMMUNITY DEVELOPMENT AND DIRECTOR OF PUBLIC WORKS TO GRANT ENCROACH- MENT PERMITS FOR FENCES, RETAINING WALLS, AWNINGS, CANOPIES, AND MARQUEES AND DECLARING AN EMERGENCY. WHEREAS, there are numerous requests for fence, retaining wall, awning, and marquee encroachments into public right-of-way; and WHEREAS, that to expedite issuance of routine encroachment requests and continue to protect public property, it is necessary to delegate authority to grant certain encroachments to the Director of Community Development and Director of Public Works. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Subsection (c) of Section 61, Chapter 2, Title XII, of the 1969 E.M.C. is amended to read: 12-2-61: (c) An encroachment into the public right-of-way for the follow- ing structures may be granted, provided the following terms and conditions are satisfied: 1. Encroachments for fences and retaining walls may be granted upon complaince with the following requirements: a. Fences and retaining walls shall be installed no less than twelve (12) inches behind sidewalks; b. Fences and retaining walls shall be in compliance with all other applicable ordinances and codes • c. Fences and retaining walls shall be adjacent to a street which has been in a paving district or which is not designated in the master street plan as one which is proposed to be widened or improved. 2. Encroachments for cantilevered awnings, canopies, and marquees may be granted upon compliance with the following requirements: a. Cantilevered awnings, canopies and marquees shall not project within five (5) feet of back of curb; b. Cantilevered awnings, canopies and marquees shall not I • - - • • • • • • • have less than eight-(8) foot clearance from the lowest part of the awning, canopy or marquee to the sidewalk; c. Cantilevered awnings, canopies and marquees shall be in compliance with all other applicable ordinances and codes. 3. No encroachment under 12-2-6l(c) shall be effective until an Encroachment Permit and Indemnity Agreement have been signed by the property owner requesting the encroachment and recorded in the office of the Clerk and Recorder of Arapahoe County. Said Encroachment Permit and Indemnity Agreement shall be prepared by the Director of Community Development and, if meeting all requirements, approved by him, and the Director of Public Works, if meeting all requirements, shall approve the Encroachment Permit and Indemnity Agreement; the Encroachment Permit and Indemnity Agreement shall contain the legal description of the property owned abutting the public right-of-way to be encroached, the purpose of the encroach- ment, that the Encroachment Permit and Indemnity Agreement is a revocable license, revocable by City Council, at will, and that property owner, or their heirs and assigns, shall remove said structure within thirty (30) days after notice of revocation, that the property owner is estopped to deny the right of the City to revoke the Encroachment Agreement, and that the property owner agrees to reimburse and indemnify the City for all expenses of revoking the agreement or remov- ing the encroachment. The property owner requesting the encroachment shall pay all reasonable expenses of preparing and recording the Encroachment Permit and Indemnity Agreement. Section 2. The Englewood Municipal Code 1969 is amended to add a new Subsection (d) to Section 61, Chapter 2, Article XII, as follows: 12-2-61 (d) All requests for encroachments into public right-of-way not herein identified shall be made to the City Council. Section 3. The City Council finds and determines that an emergency exists and that this ordinance shall become effective upon publica- tion following final passage . Introduced, read in full and passed on first reading on the 3rd day of December, 1979. Published as a Bill for an Ordinance on th~~ day of December, 1979 • Attest: Mayor Deputy City Clerk I • ...... ...... • • • • • • I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, 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 Jrd day of December, 1979. Janice L. Watkins I . - • • • • ORDINANCE NO. SERIES OF 197;;-9 -- BY AUTHORITY A BILL FOR • • • 1 G COUNCIL BILL NO. 55 nA2c~~ AN ORDINANCE APPROVING AN AGREEMENT TO ENTER INTO AN EMPLOYEE BENE- FIT TRUST AGREEMENT WITH OTHER COLORADO MUNICIPALITIES FOR THE ADMINISTRATION OF EMPLOYEE WELFARE BENEFIT AND INSURANCE PLANS. WHEREAS, the City of Englewood is self insured and desires to reduce the cost of administration of its self insured benefit plans and purchase other insurance at reduced rates: and WHEREAS, other municipalities of the State of Colorado desire to establish their own self insurance plans and desire to reduce the cost of administration of said plans and purchase insurance at reduced rates: and WHEREAS, municipalities, by joining togethe~would substan- tially reduce administrative costs and insurance plan costs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the City of Englewood, Colorado, shall enter into an agreement as described in Section 2 titled "Colorado Municipalities Employee Benefit Trust Agreement" consisting of twelve (12) type- written pages, attached hereto and incorporated herein by reference. The provisions of the Agreement titled "Colorado r-tunicipalities Employee Benefit Trust Agreement" generally provides as follows: 1. That the agreement establishes a legal relationship commonly termed a partnership which is identifed "Colorado Munici- palities Employee Benefit Trust" • 2. That the members of this "trust" initially shall be the City of Englewood, City of Littleton, and the City of Longmont. Other Colorado municipalities may join the "trust" upon approval of the membership of the "trust". The duration of the "trust" is indefinite and withdrawal by a member of the "trust" is effective as of the next policy anniversary date. Withdrawing municipality shall have no right to or claim to any portion of any surplus in the trust fund except that a municipality which withdraws on the policy's renewal date shall be entitled to receive any amount by the trustee by virtue of the direct experience rating of that municipality earned prior to such termination. • I • - - • • • • • • 3. The purpose of the agreement is to provide welfare bene- fits for employees of participating municipalities of Colorado, municipalities through group insurance policies or through direct payment of benefits to such employees. The trustees shall be responsible for carrying out the purpose of the trust and have all power necessary to carry out said purpose. The chief administrative officer of each participating municipality, or his designee, shall be trustees of the "trust". A unanimous vote of trustees is required when there are four or less participating municipalities or a majority vote when there are five or more participating municipalities to conduct business. 4. Each of the municipalities shall indemnify the trustees and hold them harmless against any loss, liability or expense. 5. The trustees may appoint an Administrator to administer the trust under the direction of the trustees. 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 that the Director of Finance, ex officio City Clerk-Treasurer, shall attest the same. 0 Introduced, read in full, and passed on first reading on the 3rd day of December, 1979. Published as a Bill for an Ordinance on the ______ day of December, 1979. Mayor Attest: Deputy C1ty Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, 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 December, 1979 . Jan1ce L . Watk1ns • I • • - - COLORADO MUNICIAPLITIES EMPLOYEES' WELFARE BENEFIT TRUST I • • • • • - INDEX Article 1. Name • • • • • • • • • • • • • • • • • • • • • • • • • • 1 2. Definitions 1 - 2 3. Effective Date • . • . • • . • • • • • • • • • • • • • • 2 4. Purpose of Trust . • • . . • • . • • • • • . • • . • • • 2 5. Procuring of Insurance Policy 2 6. Number and Selection of Trustees • • • • • . . . • • • • 2 - 3 7. Powers and Duties of the Trustees 3 - 7 8. Powers and Duties of Administrator • • • • • • • • • . • 7 - 8 9. Employers and Employees 8 -10 10. Compensation and Expenses 10 11. Accounts and Records • • . • • • • • • • • • • • • • • • 10 12. Termination of Trust • • • • • • • • • • • • • • . • • • 10 13. Notices and Addresses ••••••••.•••••••• 10 -11 14. Situs and Construction of Trust 11 15. Miscellaneous 11 I • • • • - • • COLORADO MUNICIPALITIES EMPLOYEE BENEFIT TRUST AGREEMENT THIS AGREEMENT AND DECLARATION OF TRUST, made this 1st day of January, 1980, by and between the City of Englewood, Colorado, the City of Littleton, Colorado and the City of Longmont, Colorado ("the Employers", as hereinafter defined), and the "Trustees", as hereinafter defined W I T N E S S E T H ---------- WHEREAS, the undersigned Employers desire to establish an employee wel- fare benefit plan to provide welfare benefits for their "Employees", as hereinafter defined, through group insurance or by direct payment of such benefits, and WHEREAS, for this purpose the undersigned Employers desire to create a Trust and to establish a Trust Fund through which such benefits shall be pro- vided, to be financed by payments to be made to the Trust by the Employers, NOW, THEREFORE, in consideration of the premises and in order to create such Trust, it is mutually understood, agreed and stated as follows: ARTICLE 1 NAME The name of the Trust hereby created is the Colorado Municipalities Employee Benefit Trust. ARTICLE 2 DEFINITIONS The meanings of the various terms used in this Agreement and Declaration of Trust shall be as follows: 1.01 1.02 "Employers" shall mean those municipalities which are or which shall hereafter become participants in this Trust. "Employees" shall mean all of those employees of Employers who shall be eligible for coverage under such group insurance poli- cies or agreements as are acquired in accordance with the pro- visions herein or under the guidelines established for the Trust Fund created pursuant to the provisions herein. 1.03 "Administrator" shall mean that person designated by the Trustees 1.04 1.05 1.06 to administer the Trust and the Trust Fund pursuant to the Trustees directions. "Trustees" shall mean those persons selected by the partici- pating municipalities and their successors as hereinafter pro- vided. "Policy" or "Policies" shall mean the group insurance policy or policies procured from the insurer and held by the Trustees for the purposes of this Trust. "Insure~'shall mean any insurance company which issues a policy to the Trustee pursuant to the Agreement and Declaration of Trust. -1- 0 I • - • • 1.07 "Employers Contribution" shall mean the payments made by the Employer to the Trust for the purpose of carrying out the terms of this Agreement, including, but not by way of limitation, the amount of premiums for the insurance on the Employees of the respective Employer, such amount as may be designated by the Trustees for direct payment of welfare benefits to the Em- ployees, such amount as may be designated by the Trustees for the expenses of administration of said Trust, and the compensa- tion of the Administrator and his assistants, and such other professional personnel as are employed as consultants to the ·Trust by the Trustees. 1. 08 "Trust" shall mean the Colorado Municipalities Employee Benefit Trust created by this Agreement and Declaration of Trust. 1.09 "Trust Estate" shall mean all policies, cash, contracts, credits, stocks, bonds and other property or securities or dividends, interest and income thereon received by the Trustees to be held, used and applied by it for the objects and purposes of this Trust. 1.10 "Consultant" shall mean any person retained by the Trustees to render professional advice or services to the Trust. ARTICLE 3 EFFECTIVE DATE This Agreement and Declaration of Trust shall be effective as of the 1st day of January, 1980. ARTICLE 4 PURPOSE OF THE TRUST The Purpose of the Trust is to provide welfare benefits for Employees of participating municipalities of Colorado Municipalities through group insur- ance policies or through direct payment of benefits to such Employees. ARTICLE 5 PROCURING OF INSURANCE POLICY The Trustees may apply for and procure a group insurance policy or poli- cies from the insurer providing insurance benefits under a group insurance plan or plans in the form agreed upon by the Trustees and the insurer, includ- ing without limitation any type of group benefit, life insurance, accident insurance and sickness or other benefits. The term "policy" shall include any rider, endorsement or amendment made a part of a policy. Upon receipt by the insurer of the appropriate premium, the insurer shall issue the policy applied for to the Trustees, as the policyholder. ARTICLE 6 NUMBER AND SELECTION OF TRUSTEES The initial number of Trustees under this Trust shall be three (3). The Trustees shall be the Chief Administrative Officer, or his designee, of -2- 0 I • • ..,"'...; In -• the municipalities which are participants in this Trust (the "Employers"). As subsequent participating municipalities are added, the number of Trustees will increase by one for each municipality added, with the additional Trustee being appointed by the municipality being added. ARTICLE 7 POWERS AND DUTIES OF THE TRUSTEES 7.01 General. All the rights and privileges granted to the policy- holder by a policy shall be vested in the Trustees during the term of the policy. During the term of the policy, the Trustees shall remit to the insurer any and all premium pay- ments delivered to the Trustees by the Employers, together with any data delivered to them by the Employers. The Employers shall remit to the Trustees no later than one (1) week prior to the expiration of any grace period allowed under the policy for any premium payment the amount of such payment, together with such other data as may be required by the insurer. In no event shall the Trustees be required to deliver to the insurer sums other than those delivered to the Trustees by the Employers, nor shall the Trustees be required to audit the funds delivered to them by the Employers or to collect any additional sums from the Employers. In the event the insurer finds any shortage or delay in the payment of periodic premiums, the insurer shall notify the Trustees of the asserted failure. The Trustees shall determine the action to be taken in respect of such asserted failure and shall notify the insurer of the cancellation of any Employer coverage. 7.02 Amendment of Policy. The Trustees may agree with the insurer as to the amendment or addition of any rider or endorsement to the policy during its term. 7.03 Dividends. Any dividends to be returned by the insurer in re- spect to any policy shall be returned to the Trustees who shall administer them as provided in Section 7(f) below. 7.04 Claims. Any claims made under the policy by any Employee if 7.05 7.06 presented to an Employer or the Trustees shall be forwarded to the insurer. The Trustees shall have no duty with respect to the payment of claims or liability therefore, unless by specific agreement otherwise. Indemnification. The Trustees may require the written instruc- tions of and indemnification by the Employers and/or the in- surer before undertaking any action not specifically required by this Agreement. use of Trust Funds. The Trustees shall use and apply the Trust Funds for the following purposes: 7.06(a) To pay all reasonable and necessary expenses of Trust administration including, but n~t by way of l!.ita- tion, all expenses that may be incurred in establish- ing and operating the Trust and for administrative, -3 - 0 I • • • --~----------------~----~--~~~--·~~L_----------~~~uuL-------~~~n ....... • • clerical, legal and accounting assistance and for such operating and administration facilities as may be deemed necessary. 7.06(b) To make direct payment of benefits to Employees. 7.06(c) To pay the premiums on all policies or agreements when such premiums shall become due. 7.06(d) To invest for the benefit of the Employees any sur- plus Trust Funds which may be received from any source. 7.06(e) To employ and compensate such personnel and consult- ants as are necessary to administer the provisions of the Trust. The Trustees may in their discretion delegate the exercise of any administrative powers or the performance of any administrative duties or obligations granted to or imposed upon them to such administrative personnel, provided, however, that the Trustees shall approve all policy decisions made by any such personnel. 7.06(f) Insurance dividends and other sums received by the Trustees by virtue of policies or service agreements may in whole or in part be held and used by them for the purposes of the Fund or distributed by them on such basis and at such times as it in their sole dis- cretion appears beneficial to the persons covered by the insurance coverage provided through said Trust. Any amount received by the Trustees by virtue of the direct experience rating of an employer shall be re- turned to that Employer by the Trustees. 7.06(g) Each year a budget will be prepared for approval of the Trustees by the Administrator for the following year and delivered to the Trustees prior to October 1. Within 30 days the Trustees will approve the final budget for the forthcoming year. No funds can be ex- pended that exceed the amounts budgeted without the ex- press permission of a majority of the Trustees, regard- less of whatever powers have been delegated to the Ad- ministrator. 7.07 Investment. The Trustees shall have the following powers with respect to any and all moneys, securities, and other property at any time held by them and constituting part of the Trust Estate hereunder, such powers to be exercised by the Trustees at their sole discretion, not however in conflict with any provision of this Trust Agreement. 7.07(a) To temporarily hold cash balances and to deposit any funds received in a bank account or bank accounts in the name of this Trust in any federally insured bank or savings and loan association selected by the -4- I • • ...... 7.08 7.09 7.10 7.11 • • Trustees, pending disposition of such funds in ac- cordance with this Trust. Any such deposit may be made with or without interest. The Trustees shall not be liable for any loss suffered by reason of any such deposit provided such deposit is made with any bank and/or savings and loan association duly author- ized to do business in the state in which the bank and/or savings and loan association shall be located. 7.07(b) To acquire and retain any securities or other property at any time as Trustees hereunder. 7.07(c) To invest all or a portion of the Trust Estate in a common trust fund, insurance contract or other prudent investment. 7.07(d) To establish and accumulate as part of the Trust Estate a reserve in an amount which the Trustees may deem advisable to carry out the purposes of the Trust. 7.07(e) To sell any securities or other property at any time held by it at either public or private sale for cash or on credit at such time or times as to it may seem appropriate and to exchange such property and grant op- tions for the purchase or exchange thereof; to exer- cise or sell any conversion or subscription privilege or right appurtenant to any security held by the Trust. Majority Decisions. If the number of participating cities is four or less, decisions must be unanimous. If five or more, the decision of a majority of the Trustees shall control upon any matter arising in the exercise of their powers hereunder. Meetings -Organizations. The Trustees shall meet at least once an- nually, and shall meet on the 15th day of October of each year or at such other date during October or November to which it is convened by the chairman. They shall elect from among themselves a chairman and a secretary, to serve for one year terms and until their succes- sors are appointed or qualified. The chairman or the secretary, or any two Trustees may call a meeting of the Trustees at any time by giving at least five(S) days written notice of the time, place and purpose thereof to each other Trustee. Meetings of the Trustees may be held at any time without notice upon all Trustees written consent thereto. No vacancy or vacancies in the office of the Trustee shall impair the power of the remaining Trustees, acting in the manner herein provided, to administer the affairs of the Trust. Action Without Meeting. The Trustees may effectively take any action authorized hereunder without a meeting if such action is set forth in a written resolution adopted over the signature of all the Trustees then in office. Administration of Trust. This Trust shall be administered by the Trustees and said Trustees shall have the duty to select the benefits to be provided. Such administration may be delegated to the ~ini strator. -5- • 0 I • ....... ....... • • • 7.12 7.13 • Resignation of Trustee. A Trustee may resign upon giving notice in writing to the other Trustees and the Employers. In the event of any such resignation, the participating Employers shall appoint a successor Trustee. Such appointment of a successor Trustee shall take effect immediately • Successor Trustee. Immediately upon acceptance of the Trusteeship in writing, a successor Trustee shall become vested with all the property, rights, powers and duties of the Trustees hereunder with like effect as if originally named as a Trustee. 7.14 Liability. Acceptance by the Trustees of their duties under this Agreement is subject to the following terms and conditions, which all parties to this Agreement hereby agree shall govern and control the rights, duties and immunities of the Trustees: 7.14(a) The duties and obligations of the Trustees shall be determined solely by the express provisions of this Agreement and the Trustees shall not be liable except for the performance of such duties and obligations as are specifically set out in this Agreement. The Trustees shall not be bound in any way by any agree- ment or contract among the other parties. 7.14(b) The Trustees, individually, shall not be responsible in any manner whatsoever for any failure or inability of the Employers or the insurer to honor any of the provisions of this Agreement. 7.14(c) The Employers will reimburse and indemnify the Trustees for, and hold them harmless against, any loss, liability or expense including but not limited to legal fees, incurred in good faith, willful misconduct or gross negligence on the part of the Trustees, arising out of or in connection with their fair acceptance of, or the performance of their duties and obligations under this Agreement, as well as the costs and expenses of defend- ing against any claim or liability arising out of or relating to this Agreement to the extent permitted by law. 7.14(d) The Trustees shall be fully protected in acting on and relying upon any written advice, certificate, notice, direction, instruction, request or other paper or docu- ment which the Trustees in good faith believe to be genuine and to have been signed or presented by the proper party or parties, and may assume any person pur- porting to give such advice, certificate, notice, di- rection, instruction, request or other paper or docu- ment has been duly authorized to do so • 7.14(e) The Tiustees shall not be liable for any error of judgement, or for any act done or step taken or a.it- ted by them in good faith, for any mistake in fact or law, or for anything which they may do or refrain fro. -6- I • ....... ....... • • • • doing in connection herewith, except their own gross negligence or willful misconduct. 7.14(f) The Trustees may seek the advice of legal counsel in the event of any dispute or question as to the con- struction of any of the provisions of this Agreement or their duties hereunder, and they shall incur no liability and shall be fully protected in respect of any action taken, omitted or suffered by them in good faith in accordance with the opinion of such counsel. If a controversy arises between one or more of the parties hereto, or between any of the parties and any person not a party hereto, and as to any matter arising out of or relating to this Agreement, the Trustees shall not be required to take any action until the rights of the parties to the dispute shall have been finally determined by mutual agreement or by final order, decree or judgement of a court of competent jurisdiction, and the time for appeal has expired without an appeal having been perfected, but the Trustees shall be under no duty whatsoever to institute or defend any such proceedings. 7.15 Bonding. The Trustees shall purchase and pay for out of the Fund 7.16 8.01 8.02 8.03 8.04 a bond, either in individual, schedule or blanket form, applicable to all of the Trustees and their successors. Such a bond shall pro- vide protection to the Trust against loss by reason of any fraud or dishonesty on the part of any of the Trustees or any other per- sons administering the Trust. The amount of said bond shall not be less than 100' of the amount of the Trust Estate. Fiduciary Insurance. Fiduciary Insurance may be purchased by the Trust or by the Employers to protect the Trust and the Trustees from loss or liability resulting from any loss of Trust assets. ARTICLE 8 POWERS AND DUTIES OF THE ADMINISTRATOR Appointment. An Administrator shall be appointed by the Trustees in their sole discretion. Upon such appointment, the Administrator shall administer the Trust and the Trust Fund at the discretion of the Trustees. The Trustees may delegate any administrative duties required in the performance of the Trust • Use of Trust Funds. The Administrator shall use and apply the Trust Funds as specifically directed by the Trustees, for any purposes listed herein. Limited Duty. The Administrator shall be charged only with the funds actually received by him. He shall have no duty to collect or enforce payment of the contributions provided f~~ in the plan. Payments. The Administrator shall make payments from the Fund only upon direction of the Trustees, and should the Trustees direct the Administrator to pay out funds over a period of time, any such -7- I • - • • • 8.05 • directive shall continue in full force and effect until rescinded by the Trustees. Depository. All moneys received by the Trustees or Adm inistrator hereunder as part of the Trust Estate shall be deposited by the Administrator in such bank or banks as the Trustees may designate and anything to the contrary herein notwithstanding, all with- drawals from such deposits shall be made by check or withdrawal slip only, signed by the Administrator and by a person or persons authorized by the Trustees to sign such checks or withdrawal slips. In addition, certificates of deposit may be terminated by signature of authorized persons. 8.06 Notification. The Administrator shall attend all regular and special meetings of the Trustees and he shall receive copies of all notices and materials sent to individual Trustees. 8.07 Instructions. The Administrator may accept as evidence of the authority of the Trustees any written direction to the Admini- strator which has been signed by the chairman of the Trustees 8.08 and attested by the secretary of the Trustees, if the resolution was adopted at a regular meeting of the Trustees, or at a special meeting or by telephone or signed by all of the Trustees if the resolution was adopted without a formal meeting; provided, however, that should the Bylaws or other rules and regulations adopted by the Trustees authorize directions to the Administrator to be signed by certain designated Trustees, then the Admini- strator may accept signatures of the designated Trustees. Liability. No Administrator or other administrative aide or con- sultant shall be liable for any claim or loss by any Employer or Employee or for any decision, judgement or action taken in con- nection with the operation of this Agreement except for willful misconduct, fraud or willful misappropriation of funds. The Administrator shall not be a guarantor of the solvency of any insurance company, service or pre-payment organization from which a policy is bought or agreement is made, to comply with the obli- gations of such policy, contract or agreement, or for the failure, refusal or inability of any such insurance company, services or pre-payment organization to make the payments required of it. ARTICLE 9 EMPLOYERS AND EMPLOYEES Any Employer may participate in the Trust created hereunder upon notifi- cation to and acceptance by the Trustees. Upon receipt of a request for ac- ceptance, the Trustees shall approve or disapprove the request within 30 days. In the event the Trustees fail to take any action on the request for accept- ance within 30 days of receipt of such request, it shall be deemed to be dis- approved. The Trustees shall notify the participating Employers of the amounts due for direct payment of benefits and shall require submission from the Employers of such data as is required by the insurer. -8- • I • • - - • • • The participation of an Employer under a policy shall continue until the insurance provided for its Employees has been terminated pursuant to the provisions of the policy. An Employer may withdraw from the Trust or from a policy upon ninety(90) day written notice to the Trustees who shall notify the insurer thereof when applicable. Such withdrawal shall be effecti ve as of the next policy anniversary date. The Employer shall remain liable for any premium payments which may have accrued prior to the date of withdrawal, with reduction or abatement, but shall not be liable for any premium payments which would have accrued thereafter. The Employer (city) will be liable for all claims incurred but not yet paid on the effective date of withdrawal. Any Employer which withdraws from the policy shall have no right or claim to any portion of any surplus in the Trust Fund and the rights of its Employees to benefits shall terminate forthwith, except that an Employer which withdraws from the Trust on the policy's renewal date shall be entitled to receive any amount received by the Trustees by virtue of the direct experience rating of the Employer under that policy earned prior to such termination. The Employer shall also remain liable for any contributions which were assessed prior to the date of withdrawal of the Employer from the Trust or policy. 9.01 Employer Payments. To the extent and in the manner permitted by any rules, regulations and laws which are applicable, each Employer may require contributions from its Employees for the costs of pro- viding insurance under the policy and for contributions to the Trust Fund for direct payment of benefits. In such event the Employer shall collect all Employee contributions and shall remit them together with the Employer's share in one payment to the Trustees. The Employer may establish and operate a separate ac- count for purposes of direct payment of benefits to Employees and if so, Employer payments may be directed into this account. 9.02 9.03 9.04 Interest of Persons Insured and Persons Claiming Through Them. The rights and interests of persons insured and persons claiming by or through them, by reason of having been named beneficiaries of in- surance policies or otherwise, shall be limited to the insurance benefits specified in the policy, and no such person shall have any claim against any funds or property of the Trust. Liability of Employers. No Employers shall be liable for per- formance by any other Employer, it being understood that when any Employer has made the contribution required of it, it shall have discharged its liability herein on behalf of its Employees and itself, and when said contributions are made, shall not be liable for any failure or any insufficiencies of the Trust Estate in any respect. Benefits. It is understood and agreed that the benefits payable to any Employee shall be limited to the provisions of the master group policy or policies, or group coverage agreement or agree- ments applied for, issued to and owned by the Trustees to under- write the provisions of this plan or administered by the Trustees -9- I • • - • • 10.01 10.02 11.01 11.02 • under a contract with the insurer and the provisions of the guidelines created by the Trustees in connection with direct payment of benefits from the Trust. ARTICLE 10 COMPENSATION AND EXPENSES Compensation of Trustees. The Trustees shall receive no compen- sation for the performance of their duties, but shall be reim- bursed for all reasonable and necessary expenses which they may incur in the performance of their duties, to the extent there are trust funds available for that purpose. Compensation of the Administrator. The Administrator will be compensated from the trust funds in an amount determined by the Trustees. ARTICLE II ACCOUNTS AND RECORDS Record Keeping. The Trustees shall keep true and accurate books of accounts and records of all of the Trust transactions, which records shall be available for inspection at reasonable times by the insurer. This duty may be delegated to the Administrator. Reports. The Trustees shall prepare an annual report showing transactions during the preceding year and such other data as the Trustees determine. This duty may be delegated to the Mmini- strator. ARTICLE 12 TERMINATION OF TRUST The Trust may be terminated at any time by action of two-thirds of the Employers by an instrument in writing upon thirty(30) days prior notice to the Trustees. Upon termination, the Trustees shall, from the Trust moneys in their possession, pay the obligations of the Trust and pay any remaining moneys to the insurer to be applied toward the purchase of continued insur- ance benefits under the policy until such moneys are exhausted, and make di- rect payment of vested benefits to Employees. Upon termination of the Trust, the powers of the Trustees and the Adlldnistrator shall continue for the pur- pose of winding up and the dissolution of said Trust and for the execution of any and all instruments required. For the purpose of this Article, "vested benefits" are benefits payment of which has been directed by the Trustees prior to the date of term~nation of the Trust. 13.01 ARTICLE 13 NOTICES AND ADDRESSES Notice. Any notice given by any Employer shall be written and shall be signed by the Chief Administrative Officer. Any notice given by the Trustees shall be written and signed by the Trustees. The in- surer and the Employers shall send copies of all notices given the other party to the Trustees. -10- • I • - - • 13.02 • Addresses. The mailing address of the Trustee is: Trustees Colorado Municipalities Employee Benefit Trust Each Employer shall notify the Trustees and the insurer of its mailing address immediately upon becoming a signatory. For all purposes of this Agreement, notice shall be presumed to have been given upon mailing of such notice addressed to any party at the last official address. ARTICLE 14 SITUS AND CONSTRUCTION OF TRUST The Trust is accepted in the State of Colorado and all questions pertain- ing to its validity, construction and administration shall be determined in accordance with the laws of the State of Colorado. 15.01 15.02 15.03 15.04 ARTICLE 15 MISCELLANEOUS Third Parties. Any third party dealing with the Trustees or the Administrator shall not be required to inquire whether the Trustees or Administrator have acted in an authorized manner. Teraination of Adllli.nistra tor. The Trustees shall have the power to terminate the employment of the Administrator for any cause. Trustees Power to Contract. '1'he Trustees shall have the power to contract for any insurance coverage which would fulfill the purpose of this Trust. Amendment of Trust. The Trust may be amended by the Trustees at any time upon thirty(30) days written notice of such pro- posed amendment to each Employer. Said proposed amendment may be prevented only by a majority vote in writing of the Employers. -11- I . - - -L- • • IN WITNESS WHEREOF, this Agreement and Declaration of Trust has been duly executed by the parties hereto as of the date first above written. INITIAL PARTICIPATING CITIES: ENGLEWOOD By: Title: LITTLETON By: Title: LONGMONT By: Title: INITIAL TRUSTEES: ENGLEWOOD By: LITTLETON By: --------------------- LONGMONT By: --------------------- • I • • • - - COLORADO MUNICIAPLITIES EMPLOYEES' WELFARE BENEFIT TRUST • I . • • • - - INDEX Article 1. Name • • • • • • • • • • • • • • • • • • • • • • • • • • 1 2. Definitions 1 - 2 3. Effective Date • • • . • . . • . • . • . • • • . • . • • 2 4. Purpose of Trust . . . . • • • . • • . • • . • • . . • • 2 5. Procuring of Insurance Policy 2 6. Number and Selection of Trustees • • . • • . . . . • . • 2 - 3 7. Powers and Duties of the Trustees 3 - 7 8. Powers and Duties of Administrator • • • • • . • • • • • 7 - 8 9. Employers and Employees 8 -10 10. Compensation and Expenses 10 11. Accounts and Records • 10 12. Termination of Trust • • . • • • • • • • • . • • • • • • 10 13. Notices and Addresses ••.••....•••.•••• 10 -11 • 14. Situs and Construction of Trust 11 15. Miscellaneous ........................ 11 • I • • - - • • • COLORADO MUNICIPALITIES EMPLOYEE BENEFIT TRUST AGREEMENT THIS AGREEMENT AND DECLARATION OF TRUST, made this lst day of January, 1980, by and between the City of Englewood, Colorado, the City of Littleton, Colorado and the City of Longmont, Colorado ("the Employers", as hereinafter defined), and the "Trustee s", as hereinafter defined W I T N E S S E T H WHEREAS, the undersigned Employers desire to establish an e .mployee wel- fa re benefit plan to provide welfare benefits for their "Employees", as hereinafter defined, through group insurance or by direct payment of such benefits, and WHEREAS, for this purpose the undersigned Empl o yer s desire to create a Trust and to establish a Trust Fund through which such benefits shall be pro- vided, to be financed by payments to be made to the Trust by the Employers, NOW, THEREFORE, in consideration of the premises and in order to create such Trust, it is mutually understood, agreed and stated as follows: ARTICLE 1 NAME The name of the Trust hereby created is the Colorado Municipalities Employee Benefit Trust. ARTICLE 2 DEFINITIONS The meanings of the various terms used in this Agreement and Declaration of Trust shall be as follows: 1.01 1.02 1.03 1.04 1.05 1.06 "Employers" shall mean those municipalities which are or which shall hereafter become participants in this Trust. "Employees" shall mean all of those employees of Employers who shall be eligible for coverage under such group insurance poli- cies or agreements as are acquired in accordance with the pro- visions herein or under the guidelines established for the Trust Fund created pursuant to the provisions herein. "Administrator" shall mean that person designated by the Trustees to administer the Trust and the Trust Fund pursuant to the Trustees directions • "Trustees" shall mean those persons selected by the partici- pating municipalities and their successors as hereinafter pro- vided. "Policy" or "Policies" shall mean the group insurance policy or policies procured from the insurer and held by the Trustees for the purposes of this Trust. "Insurex<'shall mean any insurance company which issues a policy to the Trustee pursuant to the Agreement and Declaration of Trust. -1- I • - • • • 1.07 1.08 1.09 1.10 • "Employers Contribution" shall mean the payments made by the Employer to the Trust for the purpose of carrying out the terms of this Agreement, including, but not by way of limitation, the amount of premiums for the insurance on the Employees of the respective Employer, such amount as may be des ignated by the Trustees for direct payment of welfare benefits to the Em- ployees, such amount as may be designated by the Trustees for the expenses of administration of said Trust, and the compensa- tion of the Administrator and his assistants, and such other professional personnel as are employed as consultants to the Trust by the Trustees. "Trust" shall mean the Colorado Municipalities Employee Benefit Trust created by this Agreement and Declaration of Trust. "Trust Estate" shall mean all policies, cash, contracts, credits, stocks, bonds and other property or securities or dividends, i .nterest and income thereon received by the Trustees to be held, used and applied by it for the objects and purposes of this Trust. "Consultant" shall mean any person retained by the Trustees to render professional advice or services to the Trust. ARTICLE 3 EFFECTIVE DATE This Agreement and Declaration of Trust shall be effective as of the 1st day of January, 1980. ARTICLE 4 PURPOSE OF THE TRUST The Purpose of the Trust is to provide welfare benefits for Employees of participating municipalities of Colorado Municipalities through group insur- ance policies or through direct payment of benefits to such Employees. ARTICLE 5 PROCURING OF INSURANCE POLICY The Trustees may apply for and procure a group insurance policy or poli- cies from the insurer providing insurance benefits under a group insurance plan or plans in the form agreed upon by the Trustees and the insurer, includ- ing without limitation any type of group benefit, life insurance, accident insurance and sickness or other benefits. The term "policy" shall include any rider, endorsement or amendment made a part of a policy. Upon receipt by the insurer of the appropriate premium, the insurer shall issue the policy applied for to the Trustees, as the policyholder • ARTICLE 6 NuMBER AND SELECTION OF TRUSTEES The initial number of Trustees under this Trust shall be three (3). The Trustees shall be the Chief Administrative Officer, or his designee, of -2- • I • • ....... • • • • the municipalities which are partic i pants in this Trust (the "Employers•). As subsequent participating municipalities are added, the number of Trustees will increase by one for each municipality added, with the additional Trustee being appointed by the municipality being added. ARTICLE 7 POWERS AND DUTIES OF THE TRUSTEES 7.01 General. All the rights and privileges granted to the policy- holder by a policy shall be vested in the Trustees during the term of the policy. During the term of the policy, the Trustees shall remit to the insurer any and all premium pay- ments delivered to the Trustees by the Employers, together with any data delivered to them by the Employers. The Employers shall remit to the Trustees no later than one (1) week prior to the expiration of any grace period allowed under the policy for any premium payment the amount of such payment, together with such other data as may be required by the insurer. In no event shall the Trustees be required to deliver to the insurer sums other than those delivered to the Trustees by the Employers, nor shall the Trustees be required to audit the funds delivered to them by the Employers or to collect any additional sums from the £mployers. In the event the insurer finds any shortage or delay in the payment of periodic premiums, the insurer shall notify the Trustees of the asserted failure. The Trustees shall determine the action to be taken in respect of such asserted failure and shall notify the insurer of the cancellation of any Employer coverage. 7.02 Amendment of Policy. The Trustees may agree with the insurer as to the amendment or addition of any rider or endorsement to the policy during its term. 7.03 7.04 7.05 7.06 Dividends. Any dividends to be returned by the insurer in re- spect to any policy shall be returned to the Trustees who shall administer them as provided in Section 7(f) below. Claims. Any claims made under the policy by any Employee if presented to an Employer or the Trustees shall be forwarded to the insurer. The Trustees shall have no duty with respect to the payment of claims or liability therefore, unless by specific agreement otherwise. Indemnification. The Trustees may require the written instruc- tions of and indemnification by the Employers and/or the in- surer before undertaking any action not specifically required by this Agreement. Use of Trust Funds. The Trustees shall use and apply the Trust Funds for the following purposes: 7.06(a) To pay all reasonable and necessary expenses of Trust administration including, but not by way of limita- tion, all expenses that may be incurred in establish- ing and operating the Trust and for administrative, -3- • I • • - 7.07 • • • • clerical, legal and accounting assistance and for such operating and administration facilities as may be deemed necessary. 7.06(b) To make direct payment of benefits to Employees. 7.06(c) To pay the premiums on all policies or ag r eements when such premiums shall become due. 7.06(d) To invest for the benefit of the Employees any sur- plus Trust Funds which may be received from any source. 7.06(e) To employ and compensate such personnel and consult- ants as are necessary to administer the provisions of the Trust. The Trustees may in their discretion delegate the exercise of any administrative powers or the performance of any administrative duties or obligations granted to or imposed upon them to such administrative personnel, provided, however, that the Trustees shall approve all policy decisions made by any such personnel. 7.06(f) Insurance dividends and other sums received by the Trustees by virtue of policies or service agreements may in whole or in part be held and used by them for the purposes of the Fund or distributed by them on such basis and at such times as it in their sole dis- ,cretion appears beneficial to the persons covered by the insurance coverage provided through said Trust. Any amount received by the Trustees by virtue of the direct experience rating of an employer shall be re- turned to that Employer by the Trustees. 7. 06 (g) Each year a budget will be prepared for approval of the Trustees by the Administrator for the following year and delivered to the Trustees prior to October 1. Within 30 days the Trustees will approve the final budget for the forthcoming year. No funds can be ex- pended that exceed the amounts budgeted without the ex- press permission of a majority of the Trustees, regard- less of whatever powers have been delegated to the Ad- ministrator. Investment. The Trustees shall have the following powers with respect to any and all moneys, securities, and other property at any time held by them and constituting part of the Trust Estate hereunder, such powers to be exercised by the Trustees at their sole discretion, not however in conflict with any provision of this Trust Agreement • 7.07(a) To temporarily hold cash balances and to deposit any funds received in a bank account or bank accounts in the name of this Trust in any federally insured bank or savings and loan association selected by the -4- • , I • ....... 7.08 7.09 • 7.10 • 7.11 • • Trustees, pending disposition of such funds in ac- cordance with this Trust. Any such deposit may be made with or without interest. The Trustees shall not be liable for any loss suffered by reason of any such deposit provided such deposit is made with any bank and/or savings and loan association duly author- ized to do business in the state in which the bank and/or savings and loan association shall be located. 7.07(b) To acqu ire and retain any securities or other property at any time as Trustees hereunder. 7.07(c) To invest all or a portion of the Trust Estate in a common trust fund, insurance contract or other prudent investment. 7.07(d) To establish and accumulate as part of the Trust Estate a reserve in an amount which the Trustees may deem advisable to carry out the purposes of the Trust. 7.07(e) To sell any securities or other property at any time held by it at either public or private sale for cash or on credit at such time or times as to it may seem appropriate and to exchange such property and grant op- tions for the purchase or exchange thereof; to exer- cise or sell any conversion or subscription privilege or right appurtenant to any security held by the Trust. Majority Decisions. If the number of participating cities is four or less, decisions must be unanimous. If five or more, the decision of a majority of the Trustees shall control upon any matter arising in the exercise of their powers hereunder. Meetings -Organizations. The Trustees shall meet at least once an- nually, and shall meet on the 15th day of October of each year or at such other date during October or November to which it is convened by the chairman. They shall elect from among themselves a chairman and a secretary, to serve for one year terms and until their succes- sors are appointed or qualified. The chairman or the secretary, or any two Trustees may call a meeting of the Trustees at any time by giving at least five(S) days written notice of the time, place and purpose thereof to each other Trustee. Meetings of the Trustees may be held at any time without notice upon all Trustees written consent thereto. No vacancy or vacancies in the office of the Trustee shall impair the power of the remaining Trustees, acting in the manner herein provided, to administer the affairs of the Trust. Action Without Meeting. The Trustees may effectively take any action authorized hereunder without a meeting if such action is set forth in a written resolution adopted over the signature of all the Trustees then in office. Administration of Trust. This Trust shall be administered by the Trustees and said Trustees shall have the duty to select the benefits to be provided. Such administration may be delegated to the Adaini- strator. -5- • I • - 7.12 7.13 7.14 • • • • Resignation of Trustee. A Trustee may resign upon giving notice in writing to the other Trustees and the Employers. In the event of any such resignation, the participating Employers shall appoint a successor Trustee. Such appointment of a succes sor Trustee shall take effect imme diately. Successor Trustee. Imm e d i ately upon acceptance of the Trusteeship i n writi ng, a successor Trustee shall become vested with all the propert y, r i ghts, powers and duties of the Trustees hereunder with l i ke effect as if originally named as a Trustee. Li abi l ity . Acce ptance by the Trustees of their duties under this Ag ree me nt is subjec t to the following t erms and conditions, which all part i es t o t his Agre ement hereby agree s hall govern and control the rights, duti es and immun i ties of the Trustees: 7.14(a) The duties and obligations of the Trustees shall be determined solely by the express provisions of this Agreement and the Trustees shall not be liable except for the performance of such duties and obligations as are specifi cal l y set out in this Agreement. The Trust ees shal l not be bound in any way by any agree- ment or c ontract among the other parties. 7.14(b) The Trustees, ind ividua lly , shall not be responsible i n any manner whatsoever for any failure or inability o f the Employers o r t he insurer to honor any of the p rovisions of Lhis Ag reement . 7.14 (c ) The Employers wi ll reimburse and indemnify the Trust ees for, and hold them harmless against, any loss, liability or e x pense including but not limited to legal fees, i nc u r r ed in good fai th, willful misconduct or gross neg lig e n ce on the part of the Trustees, arising out of or in conne ct i on wi th their fair acceptance of, or the performance of thei r duties and obligations under this Agreement, as -11 as the costs and expenses of defend- ing against any claim or liability arising out of or relating to this Agreement to the extent permitted by law. 7.14(d) The Trustees shall be fully protected in acting on and relying upon any written advice, certificate, notice, direction, instruction, request or other paper or docu- ment which the Trustees in good faith believe to be genuine and to have been signed or presented by the proper party or parties, and may assume any person pur- porting to give such advice, certificate, notice, di- rection, instruction, request or other paper or docu- ment has been duly authorized to do so • 7.14(e) The Tiustees shall not be liable for any error of judgement, or for any act done or step taken or aait- ted by them in good faith, for any mistake in fact or law, or for anything which they may do or refrain froa -6- • I • ....... 7.15 7.16 8.01 8.02 8.03 8.04 • • doing in connection herewith, except their own gross negligence or willful misconduct. 7.14(f) The Trustees may seek the advice of legal counsel in the event of any dispute or question as to the con- struction of any of the provisions of this Agreement or their duties hereunder, and they shall incur no liability and shall be fully protected in respect of any action taken, omitted or suffered by them in good faith in accordance with the opinion of such counsel. If a controversy ari ses between one or more of the parties hereto, or bet ween any of the parties and any person not a party hereto, and as to any matter arising out of or relating to this Agreement, the Trustees shall not be required to take any action until the rights of the parties to the dispute shall have been finally determined by mutual agreement or by final order, decree or judgement of a court of competent jurisdiction, and the time for appeal has expired without an appeal having been perfected, but the Trustees shall be under no duty whatsoever to institute or defend any such proceedings. Bonding. The Trustees shall purchase and pay for out of the Fund a bond, either in individual, schedule or blanket form, applicable to all of the Trustees and their successors. Such a bond shall pro- vide protection to the Trust against loss by reason of any fraud or dishonesty on the part of any of the Trustees or any other per- sons administering the Trust. The amount of said bond shall not be less than 100\ of the amount of the Trust Estate. Fiduciary Insurance. Fiduciary Insurance may be purchased by the Trust or by the Employers to protect the Trust and the Trustees from loss or liability resulting from any loss of Trust assets. ARTICLE 8 POWERS AND DUTIES OF THE ADMINISTRATOR Appointment. An Administrator shall be appointed by the Trustees in their sole discretion. Upon such appointment, the Administrator shall administer the Trust and the Trust Fund at the discretion of the Trustees. The Trustees may delegate any administrative duties required in the performance of the Trust. Use of Trust Funds. The Administrator shall use and apply the Trust Funds as specifically directed by the Trustees, for any purposes listed herein. Limited Duty. The Administrator shall be charged only with the funds actually received by him. He shall have no duty to collect or enforce payment of the contributions provided f~r in the plan. Payments. The Administrator shall make payments from the Fund only upon direction of the Trustees, and should the Trustees direct the Administrator to pay out funds over a period of time, any such -7- I • - • • • 8.05 8 .06 8.07 8.08 • directive shall conti nue in full force and effect until resc inded by the Truste e s . Depos i tory. All moneys received by the Trustee s or Administrator hereunder as part of t he Tru st Estate shall be depos ited by the Adm inistrator i n such bank or banks as the Trustees may d esignate and any t h ing t o t he contr ary herei n n o t wi thstanding, all with- drawals from s uch depos its s hall be made by check or wit h drawal slip only, s igned by the Admi nistrator and by a person or persons authori zed by the Truste es to s i gn s u ch checks or withdrawal sl i ps. I n add i tion, ce r tifica tes of deposit ma y be ter mi nated by s i gna ture of authorized persons. Notification. Th e Administrator shal l a ttend all r e gular and s pec i al mee tings of the Trustee s a nd he s hall rece i v e c opies of all notice s a nd ma t e r ial s sent t o i nd ividual Trustees. In s tructions. The Adm inistra tor may accept as evi dence of the authority of the Trust ees a ny written direct i on to the Admini- strator wh i c h has been s igned by the chairman of the Trustees and a t t e sted by the secretary of the Trustees, if the resolution was adopted at a r egular meeting of the Trustees, or at a special meeti ng or by telephone or s i gned by all of the Tru s t ees if the res o lution was adopted without a formal meeting; provi ded, however, that should the Bylaws or other rules and regulations adopted by the Trustees authorize directions to the Administrator to be signed by certain designated Trustees, then the Admini- strator may accept signatures of the designated Trustees. Liability. No Administrator or other administrative aide or con- sultant shall be liable for any claim or loss by any Employer or Employee or for any decision, judgement or action taken in con- nection with the operation of this Agreement except for willful misconduct, fraud or willful misappropriation of funds. The Administrator shall not be a guarantor of the solvency of any insurance company, service or pre-payment organization from which a policy is bought or agreement is made, to comply with the obli- gations of such policy, contract or agreement, or for the failure, refusal or inability of any such insurance company, services or pre-payment organization to make the payments required of it. ARTICLE 9 EMPLOYERS AND EMPLOYEES Any Employer may participate in the Trust created hereunder upon notifi- cation to and acceptance by the Trustees. Upon receipt of a request for ac- ceptance, the Trustees shall approve or disapprove the request within 30 days. In the event the Trustees fail to take any action on the request for accept- ance within 30 days of receipt of such request, it shall be deemed to be dis- approved. The Trustees shall notify the participating Employers of the amounts due for direct payment of benefits and shall require submission froa the Employers of such data as is required by the insurer. -8- I • - • • • • The participation of an Employer under a policy shall continue until the insurance provided for its Employees has been terminated pursuant to the provisions of the policy. An Employer may withdraw from the Trust or from a policy upon ninety(90) day written notice to the Trustees who shall notify the insurer thereof when applicable. Such withdrawal shall be effective as of the next policy anniversary date. The Employer shall remain liable for any premium payments which may have accrued prior to the date of withdrawal, with reduction or abatement, but shall not be liable for any premium payments which would have accrued thereafter. Th.e Employer (city) will be liable for all claims incurred but not yet paid on the effective date of withdrawal. Any Employer which withdraws from the policy shall have no right or claim to any portion of any surplus in the Trust Fund and the rights of its Employees to benefits shall terminate forthwith, except that an Employer which withdraws from the Trust on the policy's renewal date shall be entitled to receive any amount received by the Trustees by virtue of the direct e .xperience rating of the Employer under that policy earned prior to such termination. The Employer shall also remain liable for any contributions which were assessed prior to the date of withdrawal of the Employer from the Trust or policy. 9.01 Employer Payments. To the extent and in the manner permitted by any rules, regulations and laws which are applicable, each Employer may require contributions from its Employees for the costs of pro- viding insurance unde.r the policy and for contributions to the Trust Fund for direct payment of benefits. In such event the Employer shall collect all Employee contributions and shall remit them together with the Employer's share in one payment to the Trustees. The Employer may establish and operate a separate ac- count for purposes of direct payment of benefits to Employees and if so, Employer payments may be directed into this account. 9.02 9.03 9.04 Interest of Persons Insured and Persons Claiming Through Them. The rights and interests of persons insured and persons claiming by or through them, by reason of having been named beneficiaries of in- surance policies or otherwise, shall be limited to the insurance benefits specified in the policy, and no such person shall have any claim against any funds or property of the Trust. Liability of Employers. No Employers shall be liable for per- formance by any other Employer, it being understood that when any Employer has made the contribution required of it, it shall have discharged its liability herein on behalf of its Employees and itself, and when said contributions are made, shall not be liable for any failure or any insufficiencies of the Trust Estate in any respect. Benefits. It is understood and agreed t.'ltat the benefits payable to any Employee shall be limited to the provisions of the master group policy or policies, or group coverage agreeaent or agree- ments applied for, issued to and owned by the Trustees to under- write the provisions of this plan or administered by the Trustees -9- • I • • - • • • 10.01 10.02 11.01 11.02 • under a contract with the insurer and the provisions of the guidelines created by the Trustees in connection with direct payment of benefits from the Trust. ARTICLE 10 COMPENSATION AND EXPENSES Compensation of Trustees. The Trustees shall receive no compen- sation for the performance of their duties, but shall be reim- bursed for all reasonable and necessary expenses which they may incur in the performance of their duties, to the extent there are trust funds available for that purpose. Compensation of the Administrator. The Administrator will be compensated from the trust funds in an amount determined by the Trustees. ARTICLE II ACCOUNTS AND RECORDS Record Keeping. The Trustees shall keep true and accurate books of accounts and records of all of the Trust transactions, which records shall be available for inspection at reasonable times by the insurer. This duty may be delegated to the Administrator. Reports. The Trustees shall prepare an annual report shoving transactions during the preceding year and such other data as the Trustees determine. This duty may be delegated to the Admini- strator. ARTICLE 12 TERMINATION OF TRUST The Trust -y be terminated at any time by action of two-thirds of the Employers by an instrument in writing upon thirty(30) days prior notice to the Trustees. Upon tenaination, the Trustees shall, from the Trust moneys in their possession, pay the obligations of the Trust and pay any r..aining moneys to the insurer to be applied toward the purchase of continued insur- ance benefits under the policy until such moneys are exhausted, and make di- rect payment of vested benefits to Employees. Upon termination of the Trust, the powers of the Trustees and the Administrator shall continue for the pur- pose of winding up and the dissolution of said Trust and for the execution of any and all instruments required. For the purpose of this Article, "vested benefits" are benefits payment of which has been directed by the Trustees prior to the date of termination of the Trust. 13.01 ARTICLE 13 NOTICES AND ADDRESSES Notice. Any notice given by any Employer shall be written and shall be signed by the Chief Administrative Officer. Any notice given by the Trustees shall be written and signed by the Trustees. The in- surer and the Employers shall send copies of all notices given the other party to the Trustees. -10- I • • - • • • 13.02 • Addresses. The mailing address of the Trustee is: Trustees Colorado Municipalities Employee Benefit Trust Each Employer shall notify the Trustees and the insurer of its mailing address immediately upon becoming a signatory. For all purposes of this Agreement, notice shall be presumed to have been given upon mailing of such notice addressed to any party at the last official address. ARTICLE 14 SITUS AND CONSTRUCTION OF TRUST The Trust is accepted in t .he State of Colorado and all questions pertain- ing to its validity, construction and administration shall be determined in accordance with the laws of the State of Colorado. 15.01 15.02 15.03 15.04 ARTICLE 15 MISCELlANEOUS Third Parties. Any third party dealing with the Trustees or the Administrator shall not be required to inquire whether the Trustees or Administrator have acted in an authorized manner. Termination of Administrator. The Trustees shall have the power to terminate the employment of the Administrator for any cause. Trustees Power to Contract. The Trustees shall have the power to contract for any insurance coverage which would fulfill the purpose of this Trust. Amenm.nt of Trust. The Trust may be amended by the Trustees at any time upon thirty(30) days written notice of such pro- posed amendment to each Employer. Said proposed ~~~~~endment may be prevented only by a majority vote in writing of the Employers • -11- • I • • - • • IN WITNESS WHEREOF, this Agreement and Declaration of Trust has been duly executed by the parties hereto as of the date first above written. INITIAL PARTICIPATING CITIES: ENGLEWOOD By: Title: LITTLETON By: Title: LONGMONT By: Title: INITIAL TRUSTEES: ENGLEWOOD By: LITTLETON By: LONGMONT By: I • • • - - COLORADO MUNICIAPLITIES EMPLOYEES' WELFARE BENEFIT TRUST • • I • • • • • - - INDEX Arti cle 1. Ncune • • • • • • • • • . • • • • • • • • • • • • • . • . 1 2. Definitions 1 - 2 3. Effective Date • . • . • • . • . • • • . • • • . • . . • 2 4. Purpose of Trust . . . • . • • . • • • • • • • • . . • • 2 5. Procuring of Insurance Policy 2 6. Number and Selection of Trustees • • • . • • • • . • . . 2 - 3 7. Powers and Duties of the Trustees 3 - 7 B. Powers and Duties of Administrator • • • • • • . • • • . 7 - 8 9. Employers and Employees 8 -10 10. Compensation and Expenses 10 11. Accounts and Records • • . • • • • • • • • . • • • • . • 10 12. Ten~~ination of Trust . • . • • • • • . • • • • • . • • • 10 13. Notices and Addresses •••••••..••••••.• 10 -11 • 14. Situs and Construction of Trust 11 15. Miscellaneous 11 I • • • • • - • • • • COLORADO MUNICIPALITIES EMPLOYEE BENEFIT TRUST AGREEMENT THIS AGREEMENT AND DECLARATION OF TRUST, made this 1st day of January, 1980, by and between the City of Englewood, Colorado, the City of Littleton, Colorado and the City of Longmont, Colorado ("the Employers", as hereinafter defined), and the "Trustees", as hereinafter defined W I T N E S S E T H ---------- WHEREAS, the undersigned Employers desire to establish an employee wel- fare benefit plan to provide welfare benefits for their "Employees", as hereinafter defined, through group insurance or by direct payment of such benefits, and WHEREAS, for this purpose the undersigned Employers desire to create a Trust and to establish a Trust Fund through which such benefits shall be pro- vided, to be financed by payments to be made to the Trust by the Employers, NOW, THEREFORE, in consideration of the premises and in order to create such Trust, it is mutually understood, agreed and stated as follows: ARTICLE 1 NAME The name of the Trust hereby created is the Colorado Municipalities Employee Benefit Trust. ARTICLE 2 DEFINITIONS The meanings of the various terms used in this Agreement and Declaration of Trust shall be as follows: 1.01 "Employers" shall mean those municipalities which are or which shall hereafter become participants in this Trust. 1.02 1.03 1.04 1.05 1.06 "Employees" shall mean all of those employees of Employers who shall be eligible for coverage under such group insurance poli- cies or agreements as are acquired in accordance with the pro- visions herein or under the guidelines established for the Trust Fund created pursuant to the provisions herein. "Administrator" shall mean that person designated by the Trustees to administer the Trust and the Trust Fund pursuant to the Trustees directions. "Trustees" shall mean those persons selected by the partici- pating municipalities and their successors as hereinafter pro- vided. "Policy" or "Policies" shall mean the group insurance policy or policies procured from the insurer and held by the Trustees for the purposes of this Trust. "Insurer'shall mean any insurance company which issues a policy to the Trustee pursuant to the Agreement and Declaration of Trust. -1- • I • - - • • • 1.07 1.08 1.09 1.10 • "Employers Contribution" shall mean the payments made by the Employer to the Trust for the purpose of carrying out the terms of this Agreement, including, but not by way of limitation, the amount of premiums for the insurance on the Employees of the respective Employer, such amount as may be designated by the Trustees for direct payment of welfare benefits to the Em- ployees, such amount as may be designated by the Trustees for the expenses of administration of said Trust, and the compensa- tion of the Administrator and his assistants, and such other professional personnel as are employed as consultants to the Trust by the Trustees. ''Trust" shall mean the Colorado Municipalities Employee Benefit Trust created by this Agreement and Declaration of Trust. "Trust Estate" shall mean all policies, cash, contracts, credits, stocks, bonds and other property or securities or dividends, interest and income thereon received by the Trustees to be held, used and applied by it for the objects and purposes of this Trust. "Consultant" shall mean any person retained by the Trustees to render professional advice or services to the Trust. ARTICLE 3 EFFECTIVE DATE This Agreement and Declaration of Trust shall be effective as of the 1st day of January, 1980. ARTICLE 4 PURPOSE OF THE TRUST The Purpose of the Trust is to provide welfare benefits for Employees of participating municipalities of Colorado Municipalities through group insur- ance policies or through direct payment of benefits to such Employees. ARTICLE 5 PROCURING OF INSURANCE POLICY The Trustees may apply for and procure a group insurance policy or poli- cies from the insurer providing insurance benefits under a group insurance plan or plans in the form agreed upon by the Trustees and the insurer, includ- ing without limitation any type of group benefit, life insurance, accident insurance and sickness or other benefits. The term "policy" shall include any rider, endorsement or amendment made a part of a policy. Upon receipt by the insurer of the appropriate premium, the insurer shall issue the policy applied for to the Trustees, as the policyholder • ARTICLE 6 NuMBER AND SELECTION OF TRUSTEES The initial number of Trustees under this Trust shall be three (3). The Trustees shall be the Chief Administrative Officer, or his designee, of -2- • I • ...... ...... • • • • the municipalities which are participants in this Trust (the "Employers"). As subsequent participating municipalities are added, the number of Trustees will increase by one for each municipality added, with the addit ional Trustee being appointed by the municipality being added . ARTICLE 7 POWERS AND DUTIES OF THE TRUSTEES 7.01 General. All the rights and privileges granted to the policy- holder by a policy shall be vested in the Trustees during the term of the policy. Durin g the term of the policy, the Trustees shall remit to the insurer any and all premium pay- ments delivered to the Trustees by the Employers, together with any data delivered to them by the Employers. The Employers shall remit to the Trustees no later than one (1) week prior to the expiration of any grace period allowed under the policy for any premium payment the amount of such payment, together with such other data as may be required by the insurer. In no event shall the Trustees be required to deliver to the insurer sums other than those delivered to the Trustees by the Employers, nor shall the Trustees be required to audit the funds delivered to them by the Employers or to collect any additional sums from the Employers. In the event the insurer finds any shortage or delay in the payment of periodic premiums, the insurer shall notify the Trustees of the asserted failure. The Trustees shall determine the action to be taken in respect of such asserted failure and shall notify the insurer of the cancellation of any Employer coverage. 7.02 Amendment of Policy. The Trustees may agree with the insurer as to the amendment or addition of any rider or endorsement to the policy during its term. 7.03 Dividends. Any dividends to be returned by the insurer in re- spect to any policy shall be returned to the Trustees who shall administer them as provided in Section 7(f) below. 7.04 Claims. Any claims made under the policy by any Employee if presented to an Employer or the Trustees shall be forwarded to the insurer. The Trustees shall have no duty with respect to the payment of claims or liability therefore, unless by specific agreement otherwise. 7.05 7.06 Indemnification. The Trustees may require the written instruc- tions of and indemnification by the Employers and/or the in- surer before undertaking any action not specifically required by this Agreement. Use of Trust Funds. The Trustees shall use and apply the Trust Funds for the following purposes: 7.06(a) To pay all reasonable and necessary expenses of Trust administration including, but n~t by way of limita- tion, all expenses that may be incurred in establish- ing and operating the Trust and for administrative, -3- I • - - 7.07 • • • clerical, legal and accounting assistance and for such operating and administration facilities as may be deemed necessary. 7.06(b) To make direct payment of benefits to Employees. 7.06(c) To pay the premiums on all policies or agreements when such premiums shall become due. 7.06(d) To invest for the benefit of the Employees any sur- plus Trust Funds which may be received from any source. 7.06(e) To employ and compensate such personnel and consult- ants as are necessary to administer the provisions of the Trust. The Trustees may in their discretion delegate the exercise of any administrative powers or the performance of any administrative duties or obligations granted to or imposed upon them to such administrative personnel, provided, however, that the Trustees shall approve all policy decisions made by any such personnel. 7.06(f) Insurance dividends and other sums received by the Trustees by virtue of policies or service agreements may in whole or in part be held and used by them for the purposes of the Fund or distributed by them on such basis and at such times as it in their sole dis- cretion appears beneficial to the persons covered by the insurance coverage provided through said Trust. Any amount received by the Trustees by victue of the direct experience rating of an employer shall be re- turned to that Employer by the Trustees. 7.06(g) Each year a budget will be prepared for approval of the Trustees by the Administrator for the following year and delivered to the Trustees prior to October 1. Within 30 days the Trustees will approve the final budget for the forthcoming year. No funds can be ex- pended that exceed the amounts budgeted without the ex- press permission of a majority of the Trustees, regard- less of whatever powers have been delegated to the Ad- ministrator. Investment. The Trustees shall have the following powers with respect to any and all moneys, securities, and other property at any time held by them and constituting part of the Trust Estate hereunder, such powers to be exercised by the Trustees at their sole discretion, not however in conflict with any provision of this Trust Agreement. 7.07(a) To temporarily hold cash balances and to deposit any funds received in a bank account or bank accounts in the name of this Trust in any federally insured bank or savings and loan association selected by the -4- • I • • - - 7.08 7.09 • 7.10 • 7.11 • • Trustees, pending disposition of such funds in ac- cordance with this Trust. Any such deposit may be made with or without interest. The Trustees shall not be liable for any loss suffered by reason of any such deposit provided such deposit is made with any bank and/or savings and loan association duly author- ized to do business in the state in which the bank and/or savings and loan association shall be located. 7.07(b) To acquire and retain any securities or other property at any time as Trustees hereunder. 7.07(c) To invest all or a portion of the Trust Estate in a common trust fund, insurance contract or other prudent investment. 7.07(d) To establish and accumulate as part of the Trust Estate a reserve in an amount which the Trustees may deem advisable to carry out the purposes of the Trust. 7.07(e) To sell any securities or other property at any time held by it at either public or private sale for cash or on credit at such time or times as to it may seem appropriate and to exchange such property and grant op- tions for the purchase or exchange thereof; to exer- cise or sell any conversion or subscription privilege or right appurtenant to any security held by the Trust. Majority Decisions. If the number of participating cities is four or less, decisions must be unanimous. If five or more, the decision of a majority of the Trustees shall control upon any matter arising in the exercise of their powers hereunder. Meetings -Organizations. The Trustees shall meet at least once an- nually, and shall meet on the 15th day of October of each year or at such other date during October or November to which it is convened by the chairman. They shall elect from among themselves a chairman and a secretary, to serve for one year terms and until their succes- sors are appointed or qualified. The chairman or the secretary, or any two Trustees may call a meeting of the Trustees at any time by giving at least five(5) days written notice of the time, place and purpose thereof to each other Trustee. Meetings of the Trustees may be held at any time without notice upon all Trustees written consent thereto. No vacancy or vacancies in the office of the Trustee shall impair the power of the remaining Trustees, acting in the manner herein provided, to administer the affairs of the Trust. Action Without Meeting. The Trustees may effectively take any action authorized hereunder without a meeting if such action is set forth in a written resolution adopted over the signature of all the Trustees then in office • Administration of Trust. This Trust shall be administered by the Trustees and said Trustees shall have the duty to select the benefits to be provided. Such administration may be delegated to the Adaini- strator. -5- • I • - 7.12 7.13 7.14 • • • • Resignation of Trustee. A Trustee may resign upon giving notice in writing to the other Trustees and the Employers. In the event of any such resignation, the participating Employers shall appoint a successor Trustee. Such appointment of a successor Trustee shall take effect immediately. Successor Trustee. Immediately upon acceptance of the Trusteeship in writing, a successor Trustee shall become vested with all the property, rights, powers and duties of the Trustees hereunder with like effect as if originally named as a Trustee. Liability. Acceptance by the Trustees of their duties under this Agreement is subject to the following terms and conditions, which all parties to this Agreement hereby agree shall govern and control the rights, duties and immunities of the Trustees: 7.14(a) The duties and obligations of the Trustees shall be determined solely by the express provisions of this Agreement and the Trustees shall not be liable except for the performance of such duties and obligations as are specifically set out in this Agreement. The Trustees shall not be bound in any way by any agree- ment or contract among the other parties. 7.14(b) The Trustees, individually, shall not be responsible in any manner whatsoever for any failure or inability of the Employers or the insurer to honor any of the provisions of this Agreement. 7.14(c) The Employers will reimburse and indemnify the Trustees for, and hold them harmless against, any loss, liability or expense including but not limited to legal fees, incurred in good faith, willful misconduct or gross negligence on the part of the Trustees, arising out of or in connection with their fair acceptance of, or the performance of their duties and obligations under this Agreement, as well as the costs and expenses of defend- ing against any claim or liability arising out of or relating to this Agreement to the extent permitted by lav. 7.14(d) The Trustees shall be fully protected in acting on and relying upon any written advice, certificate, notice, direction, instruction, request or other paper or docu- ment which the Trustees in good faith believe to be genuine and to have been signed or presented by the proper party or parties, and may ass~ any person pur- porting to give such advice, certificate, notice, di- rection, instruction, request or other paper or docu- ment has been duly authorized to do so • 7.14(e) The Tiustees shall not be liable for any error of judgement, or for any act done or step taken or oait- ted by them in good faith, for any llistalte in fact or lav, or for anythinq which they aay do or refrain from -6- • I • • - 7.15 7.16 8.01 • 8.02 8.03 • 8.04 • • doing in connection herewith, except their own gross negligence or willful misconduct. 7.14(f) The Trustees may seek the advice of legal counsel in the event of any dispute or question as to the con- struction of any of the provisions of this Agreement or their duties hereunder, and they shall incur no liability and shall be fully protected in respect of any action taken, omitted or suffered by them in good faith in accordance with the opinion of such counsel. If a controversy arises between one or more of the parties hereto, or between any of the parties and any person not a party hereto, and as to any matter arising out of or relating to this Agreement, the Trustees shall not be required to take any action until the rights of the parties to the dispute shall have been finally determined by mutual agreement or by final order, decree or judgement of a court of competent jurisdiction, and the time for appeal has expired without an appeal having been perfected, but the Trustees shall be under no duty whatsoever to institute or defend any such proceedings. Bonding. The Trustees shall purchase and pay for out of the Fund a bond, either in individual, schedule or blanket form, applicable to all of the Trustees and their successors. Such a bond shall pro- vide protection to the Trust against loss by reason of any fraud or dishonesty on the part of any of the Trustees or any other per- sons administering the Trust. The amount of said bond shall not be less than 100' of the amount of the Trust Estate. Fiduciary Insurance. Fiduciary Insurance may be purchased by the Trust or by the Employers to protect the Trust and the Trustees from loss or liability resulting from any loss of Trust assets. ARTICLE 8 POWERS AND DUTIES OF THE ADMINISTRATOR Appointment. An Administrator shall be appointed by the Trustees in their sole discretion. Upon such appointment, the Administrator shall administer the Trust and the Trust Fund at the discretion of the Trustees. The Trustees may delegate any administrative duties required in the performance of the Trust • use of Trust Funds. The Administrator shall use and apply the Trust Funds as specifically directed by the Trustees, for any purposes listed herein. Limited Duty. The Administrator shall be charged only with the funds actually received by him. He shall have no duty to collect or enforce payment of the contributions provided fe~ an the plan. Payments. The Administrator shall make payments from the Fund only upon direction of the Trustees, and should the Trustees direct the Administrator to pay out funds over a period of time, any such -7- I • - • • 8.05 8.06 8.07 8.08 • directive shall continue in full force and effect until rescinded by the Trustees. Depository. All moneys received by the Trustees or Administrator hereunder as part of the Trust Estate shall be deposited by the Administrator in such bank or banks as the Trustees may designate and anything to the contrary herein notwithstanding, all with- drawals from such deposits shal l be made by check or withdrawal slip only, signed by the Administrator and by a person or persons authorized by the Trustees to sign such checks or withdrawal slips. In addition, certificates of deposit may be terminated by signature of authorized persons. Notification. The Administrator shall attend all regular and special meetings of the Trustees and he shall receive copies of all notices and materials sent to individual Trustees. Instructions. The Administrator may accept as evidence of the authority of the Trustees any written direction to the Admini- strator which has been signed by the chairman of the Trustees and attested by the secretary of the Trustees, if the resolution was adopted at a regular meeting of the Trustees, or at a special meeting or by telephone or signed by all of the Trustees if the resolution was adopted without a formal meeting; provided, however, that should the Bylaws or other rules and regulations adopted by the Trustees authorize directions to the Administrator to be signed by certain designated Trustees, then the Admini- strator may accept signatures of the designated Trustees. Liability. No Administrator or other administrative aide or con- sultant shall be liable for any claim or loss by any Employer or Employee or for any decision, judgement or action taken in con- nection with the operation of this Agreement except for willful misconduct, fraud or willful misappropriation of funds. The Administrator shall not be a guarantor of the solvency of any insurance company, service or pre-payment organization from which a policy is bought or agreement is made, to comply with the obli- gations of such policy, contract or agreement, or for the failure, refusal or inability of any such insurance company, services or pre-payment organization to make the payments required of it. ARTICLE 9 EMPLOYERS AND EMPLOYEES Any Employer may participate in the Trust created hereunder upon notifi- cation to and acceptance by the Trustees. Upon receipt of a request for ac- ceptance, the Trustees shall approve or disapprove the request within 30 days. In the event the Trustees fail to take any action on the request for accept- ance within 30 days of receipt of such request, it shall be deemed to be dis- approved. The Trustee~ shall notify the participating Employers of the amounts due for direct payment of benefits and shall require submission from the Employers of such data as is required by the insurer. -8- • I • - - • • • • The participation of an Employer under a policy shall continue until the insurance provided for its Employees has been terminated pursuant to the provisions of the policy. An Employer may withdraw from the Trust or from a policy upon ninety (90) day written notice t~o the Trustees who shall notify the insurer thereof when applicable. Such withdrawal shall be effective as of the next policy anniversary date. The Employer shall remain liable for any premium payments which may have accrued prior to the date of withdrawal, with reduction or abatement, but shall not be liable for any premium payments which would have accrued thereafter. The Employer (city) will be liable for all claims incurred but not yet paid on the effective date of withdrawal. Any Employer which withdraws from the policy shall have no right or claim to any portion of any surplus in the Trust Fund and the rights of its Employees to benefits shall terminate forthwith, except that an Employer which withdraws from the Trust on the policy's renewal date shall be entitled to receive any amount received by the Trustees by virtue of the direct experience rating of the Employer under that policy earned prior to such termination. The Employer shall also remain liable for any contributions which were assessed prior to the date of withdrawal of the Employer from the Trust or policy. 9.01 employer Payments. To the extent and in the manner permitted by any rules, regulations and laws which are applicable, each Employer aay require contributions from its Employees for the costs of pro- viding insurance under the policy and for contributions to the Trust Fund for direct payment of benefits. In such event the Eaployer shall collect all Employee contributions and shall remit them together with the Employer's share in one payment to the Trustees. The Employer may establish and operate a separate ac- count for purposes of direct payment of benefits to Employees and if so, Employer payments may be directed into this account. 9.02 9.03 9.04 Interest of Persons Insured and Persons Claiming Through Them. The rights and interests of persons insured and persons claiming by or through them, by reason of having been named beneficiaries of in- surance policies or otherwise, shall be limited to the insurance benefits specified in the policy, and no such person shall have any claim against any funds or property of the Trust. Liability of Employers. No Employers shall be liable for per- formance by any other Employer, it being understood that when any Employer has made the contribution required of it, it shall have discharged its liability herein on behalf of its Employees and itself, and when said contributions are made, shall not be liable for any failure or any insufficiencies of the Trust Estate in any respect. Benefits. It is understood and agreed that the benefits payable to any Employee shall be limited to the provisions of the aaster group policy or policies, or group coverage agreement or agree- -nts applied for, issued to and owned by the Trustees to under- write the provisions of this plan or administered by the Trustees -9- I • - - • • 10.01 10.02 11.01 11.02 • under a contract with the insurer and the provisions of the guidelines created by the Trustees in connection with direct payment of benefits from the Trust. ~ICLE 10 COMPENSATION AND EXPENSES Compensation of Trustees. The Trustees shall receive no compen- sation for the performance of their duties, but shall be reim- bursed for all reasonable and necessary expenses which they may incur in the performance of their duties, to the extent there are trust funds available for that purpose. Compensation of the Administrator. The Administrator will be compensated from the trust funds in an amount determined by the Trustees. ARTICLE II ACCOUNTS AND RECORDS Record Keeping. The Trustees shall keep true and accurate books of accounts and records of all of the Trust transactions, which records shall be available for inspection at reasonable times by the insurer. This duty may be delegated to the Administrator. Reports. The Trustees shall prepare an annual report showing transactions during the preceding year and such other data as the Trustees determine. This duty may be delegated to the Admini- strator. ARTICLE 12 TERMINATION OF TRUST The Trust may be terminated at any time by action of two-thirds of the Employers by an instrument in writing upon thirty(30) days prior notice to the Trustees. Upon termination, the Trustees shall, from the Trust moneys in their possession, pay the obligations of the Trust and pay any remaining moneys to the insurer to be applied toward the purchase of continued insur- ance benefits under the policy until such moneys are exhausted, and make di- rect payment of vested benefits to Employees. Upon termination of the Trust, the powers of the Trustees and the Administrator shall continue for the pur- pose of winding up and the dissolution of said Trust and for the execution of any and all instruments required. For the purpose of this Article, "vested benefits" are benefits payment of which has been directed by the Trustees prior to the date of termination of the Trust • 13.01 ARTICLE 13 NOTICES AND ADDRESSES Notice. Any notice given by any Employer shall be written and shall be signed by the Chief Administrative Officer. Any notice given by the Trustees shall be written and signed by the Trustees. The in- surer and the Employers shall send copies of all notices given the other party to the Trustees. -10- • I • ...... ...... • • • 13.02 • Addresses. The mailing address of the Trustee is: Trustees Colorado Municipalities Employee Benefit Trust Each Employer s h all noti fy the Tru s t ees and the insurer of its mai ling address i mmediately upon becomi ng a signatory . For all purposes of this Ag r eement, notice shall be presumed to have been given upon mailing of such noti ce addressed to any party at the last off i cial address. ARTICLE 14 SITUS AND CONSTRUCTION OF TRUST The Trust is accepted in the State of Colorado and all questions pertain- ing to its validity, construction and administration shall be determined in accordance with the laws of the State of Colorado. 15.01 15.02 15.03 15.04 ARTICLE 15 MISCELLANEOUS Third Parties. Any third party dealing with the Trustees or the Administrator shall not be required to inquire whether the Trustees or Administrator have acted in an authorized manner. Termination of Administrator. The Trustees shall have the power to terminate the employment of the Administrator for any cause. Trustees Power to Contract. The Trustees shall have the power to contract for any insurance coverage which would fulfill the purpose of this Trust. Amendment of Trust. The Trust may be amended by the Trustees at any time upon thirty(30) days written notice of such pro- posed amendment to each Employer. Said proposed amendment may be prevented only by a majority vote in writing of the Employers • -11- • I • • - • • _j __ _ • • IN WITNESS WHEREOF, this Agreement and Declaration of Trust has been duly executed by the parties hereto as of the date first above written. INITIAL PARTICIPATING CITIES: ENGLEWOOD By: Title: LI'M'LETON By: Title: LONGMONT By: Title: INITIAL TRUSTEES: ENGLEWOOD By: LI'M'LETON By: LONGMONT By: • • I • • - -- • • • • ORDINANCE NO. SERIES OF 197~9----- • • • BY AUTHORITY A BILL FOR 7 H j COUNCIL BILL NO. 56 IN~CEDd:":: -'#J- AN ORDINANCE GRANTING TO THE ENGLEWOOD HOUSING AUTHORITY ~90,500 FOR THE ENGLEWOOD HOME REHABILITATION PROGRAM AND AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM. WHEREAS, the City of Englewood has received a One Hundred Ninety Thousand Five Hundred Dollar ($190,500) grant from the United States Department of Housing and Urban Development to operate a Housing Rehabilitation Program; and WHEREAS, the City has received Thirty-five Thousand Five Hundred Dollars ($35,500) for general administration of the Housing Rehabilitation Program; and WHEREAS, it is necessary to amend and clarify the agreement between the Housing Authority and the City of Englewood concerning the Housing Rehabilitation Program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the City of Englewood shall enter into an agree- ment with the Housing Authority titled "An Agreement Between The City Of Englewood And The Englewood Housing Authority Regarding The Policies Governing The Housing Rehabilitation Loan Program Of The Englewood Housing Authority" consisting of seven (7) typewritten pages attached hereto and incorporated by reference. Said Agreement generally provides as follows: 1. That the Housing Authority and the City shall be responsi- ble for the execution of the Housing Rehabilitation Program. 2. The application and approval procedure for obtaining a loan from the Housing Rehabilitation Loan Program. 3. Establishment of policies and priorities based on the use and purpose of the loan eligibility, income, neighborhood, loan limits, liens, credit factors, loans on rental property, and repay- ment. 4. Requirement of supervision of any improvement • 5. Establishment of repayment provisions . I • - - • • • • • • Section 2. A. That the City of Englewood hereby grants to the Englewood Housing Authority the sum of One Hundred Ninety Thousand Five Hundred Dollars ($190,500) to be used in accordance with Application Grant Number B-79-05-08-0002 under Title I of the Housing Development Act of 1974 and the Agreement described in Section 1 hereof. B. That the City of Englewood further grants to the Englewood Housing Authority Thirty-five Thousand Five Hundred Dollars ($35,500) for general administrative expenses in accordance with said grant which shall be charged by the City from time to time to pay adminis- trative expenses of the City administering said grant with the approval of the City Manager or his designee. Section 3. That all ordinances and resolutions in conflict with the foregoing are hereby repealed and expressly repealed are all prior Rehabilitation Loan Program Agreements. Section 4. 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, for and in behalf of the City Council and the City of Englewood, Colorado, and that the Director of Finance, ex officio City Clerk-Treasurer attest the same. Introduced, read in full and passed on first reading on the Jrd day of December, 1979. Published as a Bill for an Ordinance on the ______ day of December, 1979. ~ayor Attest: Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, 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 3rd day of December, 1979. Janice L. Watkins -2- I • • \ - • • • • • • • AN AGREE .. ENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING THE POLICIES GOVERNING TilE HOUSING REHABILITATION LOAN PROGRAM OF THE ENGLEWOOD HOUSING AU'l110RI'l'Y • The City and the Authority agree as follows: 1. The Authority, through its personnel, or the personnel of the City, with the approval of the City Manager, shall be responsible for the execution of the housing rehabilita- tion · loan program, herein called the program. 2. Application for assistance shall be first submitted to and approved by the Authority under procedures adopted by the Authority. 3. Upon receipt of an application, the Authority shall cause an inspection to be made of the applicant's residence and, if deemed necessary, shall: (a) Cause a detailed list and explanation to be made of all actions and work required to eliminate or repair the conditions of the residence which make it sub- standard. (b) Cause an estimate of the cost of such repairs to be made. (c) Obtain sufficient documentation that the applicant had good title to said residence. (d) Make an estimate of the value of the applicant's equity in said residence. (e) Prepare and verify a social and econoaic profile of the applicant, which shall include: family composi- tion, family income, place of employment, if any, of all members of the family, approximate date of pur- chase of the residence, and existing indebtedness secured by said residence. (f) Prepare a preliminary analysis of applicant's ability to repay any funds made available to applicant under the program. 4. In ~he preparation of all reports and analyses required by .·?aragraph .§. heretofore, and in approving loan applica- ticns,. the following policies shall apply and be followed by the Authority:· 11/26/79 I • - • • • • • • • -~- I. Usc and Purpose. Loans are made available for the purpose or permane nt. improvements, additions, or other housing rehabilita- tion and may only be used for: A. Repairs and improvements to meet City Code Standards. B. Energy -conservation improvements. C. Elimination of incipient violations of the City Code. D. General property improvements. II. Eligibility. A. B. Eligible Borrowers. Loans shall be made only to natural persons who own the property on which the improvements will be made. Eligible Prolerties. Loans shall be made only for resident al properties containing four dwelling units or less located in the City of Englewood. III. Priorities • A. General Priorities. To be approved, an applica- tion must meet all other applicable policies and represent three (3) priority points, computed as follows (income is computed by using then-current HUD guidelines): Points (l) Very low income (2) Low income (3) Priority neighborhood (4) Eligible investor (See VIII) (5) Owner occupied (6) Elderly B. Priority Neighborhoods: Following are the initial priority neighborhoods. 3 3 3 1 1 1 (1) Area 1: The entire residential area in Northwest Englewood bounded on the north by "the Evans/Adriatic alley, on the east by South Tejon Street, on the south by West Vassar Avenue and on the west by South Zuni Street • I • - • • • • • • • • -... ,- (2) Area 2: Beginning at the interse ction oi We st Yale Avenue with the Droadway/1\collla alley, thence west along West Yale Avenue to the Delaware/Elati alley, thence south along the Delaware/Elati alley to West Bates Avenue, thence west a long West Bates Avenue to the Elati/Fox alley, thence south along the Elati/Fox alley to West Cornell Avenue, thence west along West Cornell Avenue to the Galapago/Huron alley, thence south along the Galapago/Huron alley to West Dartmouth Avenue, thence east along West Dartmouth Avenue to the Broadway/Acoma alley, thence north along the Broadway/Acoma alley to the point of beginning. (3) Area 3: Beginning at the intersection of East Yale Avenue with the Lincoln/Sherman alley, thence west along East Yale Avenue to the Broadway/Lincoln alley, thence south along the Broadway/Lincoln alley to East Eastman Avenue, thence east along East Eastman Avenue to the Sherman/Grant alley, thence north along the Sherman/Grant alley to East Cornell Avenue, thence east along East Cornell Avenue to the Grant/Logan alley, thence north along the Grant/Logan alley to East Amherst Avenue, thence west along East Amherst Avenue to the Lincoln- Sherman alley, thence north along the Lincoln/Sherman alley to the point of beginning. (4) Area 4: An area bounded on the north by West Mansfield Avenue, on the east by the Broadway/Acoma alley, on the south by West Oxford Avenue and on the west by the Elati- Fox alley. (5) Area 5: Beginning at the intersection of East Mansfield Avenue with the Sherman/Grant alley, thence west along East Mansfield Avenue to the Broadway/Lincoln alley, thence south along the Broadway/Lincoln alley to East Princeton Avenue, thence east along East Princeton Avenue to South Grant Street, thence north along South Grant Street to East Oxford Avenue, thence west along East Oxford Avenue to ·the Sherman/Grant alley, thence north along the Sherman/Grant alley to the point of beginning. (6) Area 6: An area bounded on the north by West Union Avenue, on the east by the Broadway/Acoma alley, on the south by West Layton Avenue and on the west by South Huron Street. I • - • • • • • • • • • -'L- C. Chronoloj:tic:~l Priority. Upon receipt o J :111 :1p-· plication eligible for a loan pursuant lo III A, the staff shall notify the Authority, and the Authority shall earmark (but not appropriate) funds in the amount applied for until the applica- tion is acted upon or withdrawn . All such ap- plications shall be acted upon in the same order in which they have been received. IV. Priorities for Use of Loan Funds. Within each application further priorities are here- by identified to determine the amount of the loan usable for each purpose: first priority -funds re- quired to bring property to City Code Standards; second priority -funds for energy conservation im- provements; third priority -funds to cure incipient violations of the Code; fourth priority -general property improvements. V. Loan Limits. A. Monetary Loan Limits. The following limits)~ly: (1) $15,000 per dwelling unit. (2) $60, 000 per borrower • ;j o ,LJ1!1' (3) ~heee li•it& &hall ue re•iewed aaM&ally, B. Limits Based on Appraisal. Notwithstanding the above, a loan secured by a first deed of trust shall not exceed 90% of the appraisal value of the property as determined by a qualified appraiser. If the loan is secured by a second deed of trust, the total of the fir3t loan and tbe property re- habilitation loan shall not exceed 90% of the ap- praised value of the property as determined by a qualified appraiser. VI . ~· VII . Loans will be secured by a first or second deed of trust; no third liens will be approved • Credit Factors. A. Ability to Pay. All credit decisions shall be based only on the applicant's ability to repay the loan. Action on loans shall not be based on, or influenced by, the race, creed, color, national origin, marital status, sex or age of the applicant. I • - • c 5. • VIII. • • • B. Normal Rate Loans. The nor111al interest rate sllall be the Authority's current borrowing rate for funds for property rehabilitation purposes, plus a 1% service and administrative fee. c. Less than Normal Rate Loans. If the applicant is a "low incoae"--or-"very low income" person pursuant to III A, and the application meets all other policies, and in the opinion of the Authority the applicant could repay the loan applied for but not the loan and the normal interest, the Authority may approve the loan at less than the normal interest rate. Loans for Rental Property. Loans covering property where the owner is not a resident of the property shall be issued only upon satisfactory showing that his or her application for a loan which is substantially similar in terms of purpose and principal amount to the property rehabilita- tion loan applied for has been rejected by two qualified financial institutions which regularly make improve- ment or real estate loans. If the application is approved, the owner shall agree to enter into a con- tract with the Authority to keep rents within the reach of low and moderate income families, and/or make the property eligible for Federal Section 8 Housing Assistance Payments. Loans for the purposes set forth in I D, to absentee owners of rental property shall be limited to 30 per cent of the total of the loan approved for the purposes set forth in I A, B, and C. IX. Construction. Work done with the proceeds of the loans shall be accomplished by either the owner or a licensed con- tractor. X. Repayment. Repayment terms shall not exceed 20 years. shall be repayable in equal installments of and interest, due on or before the fifth of month. Loans principal each Tht • Authority shall then examine and evaluate the applica- tion, together with all reports and findings required by Paragraphs 5 and 6 hereof, and either approve, reject, or modify and approve such application. The decision of the Authority shall be final and binding upon the applicant • I • - • I • f • • • • -b- 6. The Authority shall require any applicant to repay all • • of the funds borrowed under this program. Elderly appli- cants aud those receiving a no-interest loan may select one of the following methods of repayment: I. Time payments made on a monthly, quarterly, or annual basis. II. Full repayment shall becoae due upon the sale and/or conveyance of property or upon removal of the appli- cant from the real property. III. The entire amount of the rehabilitation loan shall fall due and payable as a claim against the estate of the applicant, and shall become a lien on the real property of the said applicant upon his or her demise. IV. The Authority shall apply administrative guidelines to insure that the loan is protected by a lien on the real property, depending upon the way in which the property is titled. 7. f .ll funds repaid by applicants shall be used only for similar loans of housing rehabilitation assistance to applicants approved by the Authority. 8. The Authority shall approve all loans under this program by appropriate action when satisfactory evidence of the following has been submitted to the Authority: 9. I. Applicant has good title to the residence and suffi- cient equity therein to justify said loan. II. Applicant has entered into a written contract on forms to be approved by the Authority with a person or entity qualified to perform and complete repairs required to rehabilitate the residence. III. That said residence after rehabilitation and repairs will be maintained in a satisfactory manner. IV • Except for emergency loans, that the applicant does not have an outstanding housing rehabilitation loan under the program hereby established. All persons and entities entering into contracts with applicants for repairs and rehabilitation of any sub- standard residence, shall be an equal: opportunity em- ployer and shall ·comply with all applicable Federal, City and State codes, statutes and ordinances. I • - - • • • • -7- 10. The Authority shall generally supervise all repair and rehabilitation construction and shall authorize payment for saae when substantially performed in accordance with the construction contract entered into by applicant and approved by Authority. 11. The Authority may establish those accounts and allocate those funds necessary to fulfill the provisions of this agreeaent. 12. The ·AUtbority shall prepare adainistrative procedures to i~plement the intent of this contract. 13. The Authority shall submit an annual report to the City Council regarding the performance of the program. 14. This Agreement shall be binding upon the parties hereto and their successors. EXECUTED at Englewood, Colorado this ----------------- -------------------------------------'A. D., 1979. day of ATTEST: Director of Finance City of Englewood, Colorado A Municipal Corporation By-----------.~~---------------------------Mayor Ex officio City Clerk-Treasurer APPROVED AS TO FORM: City Attorney ENGLEWOOD HOUSING AUTHORITY By Cha inaa n ATTEST: Executive Director I • • - • RESOLUTION NO. SERIES OF 1979 • • • A RESOLUTION APPROVING A MASTER PLAN FOR THE CITY OF ENGLEWOOD, COLORAD~ ENTITLED "THE 1979 COMPREHENSIVE PLAN". WHEREAS, Article VIII, Part II, Section 58, of Charter of the City of Englewood, Colorado, requires the Planning and Zoning Commission of the City of Englewood to prepare and submit to the City Council of the City of Englewood, for Council's approval, a Master Plan for the physical development of the City of Englewood; and WHEREAS, the Planning Commission has held public hearings upon the Master Plan; and WHEREAS, the said Planning and Zoning Commission has hereto- fore considered a proposed Master Plan for the City of Englewood consisting of eight (8) sections entitled, respectively, "Downtown", "Commercial corridors","Industrial", "Housing", "Transportation", "Parks and Recreation", "History and Character", Statements of Meaning", together with maps, references and related materials, all of which is contained within that document entitled "The 1979 Comprehensive Plan" which bears the date April 24, 1979; and WHEREAS, the Planning and Zoning Commission of the City of Englewood has approved and adopted the hereinabove referred to Master Plan and submitted the same to the City Council for the City of Englewood for its approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF ENGLEWOOD, COLORADO, that the hereinabove referred to Master Plan be and the same is hereby approved and adopted. ADOPTED AND APPROVED thi~~day of December, 1979. Attest: Mayor Deputy City Clerk I, J anice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and com- plete copy of Resolution No. ~~ , Series of 1979. Jan~ce L. Watk~ns • • - • RESOLUTION NoJ 0 SERIES OF 1979 • • • r J A RESOLUTION APPROVING APPLICATION TO CHANGE LOCATION OF A RETAIL LIQUOR STORE LICENSE OF OLD TOWN LIQUORS FROM"325 EAST JE F'FERSOI TO 1215 EAST HAMPDEN AVENUE, ENGLEWOOD, COLORADO. WHEREAS, Old Town Liquors, Inc. has heretofore made applica- tion for the change of location of a Retail Liquor Store License from 325 East Jefferson to 1215 East Hampden Avenue, Englewood , Colorado; and WHEREAS, notice of said application and notice of public hearing having been given and the hearing having been conducted on the 5th day of November, 1979 before the City Council,as the local licensing authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: That based on the application of Old Town Liquors, Inc. and the testimony and exhibits received at the public hearing, the City Council of the City of Englewood, as the local licensing authority, does hereby make and adopt the following findings and conclusions: 1. That all legal notices, publications and postings with reference to the public hearing were proper and consistent with the requirements of Article 47, Title 12, CRS '73, as amended. 2. That the City Council designated an area of one (1) mile in radius as the "neighborhood" to be considered in granting the applicant's request for change o f location of an existing Retail Liquor Store License. 3. Mr. Max Scott, President of Oedipus, Inc., 1200 Pearl Street, Boulder, Colorado, testified that he was employed by the City to conduct a survey to determine the needs and desires of the residents of the neighborhood. He submitted f our (4) petitions (Exhibits B through E) together with a report of the survey (Exhibit F). 4. The resu lts of the Oedipus survey revealed that 991 total contacts were attempted and o f the total contacts, Sll were not at home, but 424 actual contac ts wer e made within the defined neighbor- hood. Of the 424 actually contacted , 191, or 45.04%, signed the petition stating that the needs and desires of the n eighborhood were not met; 73, or 17.21 %, signed in opposition stating that the needs and desires of the neighborhood were met and signed the petition I • - , • • • against the relocation of the license. Of the rema1n1ng contacts, 107 preferred to remain neutral, 6 would not sign any petition, and 56 were not qualified to sign. The remainder gave other miscellaneous reasons for not signing the petition either for or against the relocation of the Retail Liquor Store License. 5. The applicant advised the Council of his operation and his need to move his establishment. One Harry Reese Braun of 3173 s. Ogden, Englewood, Colorado, testified in favor of the change of location of the liquor license. 6. Mr. Randy Brown and Judy Brown, both of 3557 s. Downing, Englewood, Colorado, testified they were opposed to the relocation of the liquor license. Mrs. Pearl Layton of 3563 S. Downing asked members of the audience who were opposed to the relocation of said license to stand up. Nine people stood up. City Council, therefore, finds and determines that based upon the foregoing and entire record and evidence contained herein, the reasonable needs and requirements of the neighborhood, as established herein, have not been met by existing licenses and that the application herein for a change of location of a Retail Liquor Store License of Old Town Liquors from 325 East Jefferson to 1215 East Hampden Avenue, Englewood, Colorado, should be and is hereby granted. ADOPTED AND APPROVED this 3rd day of December, 1979. Mayor Attest: Deputy C1ty Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No., f 0 , Series of 1979. Janice L. Watkins -2- • - - • TO : FROM: DATE : • • • Andy McCown , City Manager Jimmy E . Curnes, Assistant Cit y Manager November 29, 1979 I .'-J v SUBJECT : Bud get Retreat Informational Requests from Coun cil During the retreat with City Council considering the 1980 Proposed Budget, several requests for information were received from City Council. Attached please find memoranda fro m the proper departments regarding the following Council reque sts for information : A. Detail of "Contractual Services" for Empl oyee Relations Budget . B. Liquor Occupational Fees survey of Metro cities. C . Emergency Telephone Numbers . D. Spalling Concrete Problems in P.D. #2 5 . E . Crosspan Replacement /Repair. F . Code Enforcemen t Act ivities -Snow/Weed removal. G. Non-Resi dent Fees f or Malley Center use . H. Use of Synthetic oil in Cit y equipment. These items should be transmitt ed t o City Counc i l for the ir information and any item they ma y wish to pursue should be discus sed in st ud y session with them. JEC/sb Attachment s • I • • - I. ' • •• • ATTACHMENT A. ID: Mel BeVirt, Eht>loyee Relations Directo\ U ... F10!: Hugh Brown, Aaninistrative Assistant ~~ DATE: October 15, 1979 SOUJEX:'r·: 1980 llJOOET IETAIL FeR "a:NmACIUAL smYICE3" Professional Services $17,000 Medical Exbminat.ion-- 1. Biennial for non-supervisory pol ice officers ar.d firefighters (85 @ $135) 2. Pre-~loyment physicals for new ~loyees (50@ $35) 3 . Psychological exam:'.natioos for police and fire recruitment finalists (20 @ $125) 4. Department ReadE: ) 5 Otter aq:>loyees as n:quired by the City ( $1275 6 .. Flu vaccinations ( 7. Dr. Steffen professional consultation ) Educational, Travel and Pra!Dtiooal Services Travel and Oxtference ($1,600) Tra,j ning ar.d Safety llentlerships Ct~mDUnicatians and Utility Advertising Rf!Dtals Rf;paj_r and Maintenance Miscellaneous (20,000) ( 935) $22,535 $ 8,000 $ 200 $ 250 $ 300 $48,285 I . n ..... - - • . \ • • • • ATTACHMENT B . .. \ \ . ' ....._ ..:;_../ TO: ~ Curnes, Assistant c. Manager FROM: ~or of Finance SUBJECT : Liquor Occupational Fees Attached is a rundown of the liquor oc · ational fees from a sampling of metro area cities. Atch : Liquor Occupational Fee Survey I • • • - • • - Liquor Occupational Fee/Ta x 81lhe~ iq. 3.2 3.2 Beer & Hotel[Rest. Tavern Drug Store Club Off Premises On Premises Wine Littleton 450.00 450.00 300.00 300.00 450.00 300.00 950.00 450 .00 Aurora 500.00 500.00 300.00 200.00 175.00 175.00 400.00 350.00 Lakewood 500.00 500.00 250.00 250.00 250.00 100 .00 375 .00 100.00 Boulder 1500.00 1500 .00 500.00 500.00 500 .00 100.00 150.00 400.00 /' Conmerce City 250.00 250.00 200.00 200.00 200.00 125.(.'0 125.00 250.00 Arvada no occupational fees charged Englewood 650 .00 650.00 300.00 300.00 250.00 250 .00 400.00 250.00 • • • • - • • • • • • • • ATTACHMENT C . MEMORAND U M 'II:l: Jim Cu rnes, Assi s tant City Manager FROM: Robert R. Holmes, Chief of Police DATE: October 30, 1979 SUBJECT: CHANGE IN EMERGENCY TELEPHONE NUMBERS Per your request, contact has been made with representatives of Mountain Bell regarding changing our emergency numbers so as to make them easier to remember. Mountain Bell advises that at this time there are no numbers available which would be easier to remember, but they are attempting to locate a number that might be satisfactory . They should be back to us by November 15, 1979. This effort is being coordinated through Betty Goosman, Purchasing Department . Chief of Police I • - • • • • • ATTACHMENT D . ro, Jim Curnes, Asst. City Manager DA'R: No• ·~mb er 2 , 19 7 9 ~ Gary R. Diede, Director of Engineering Services AM.IICTa P .O. 25 -Spalling Concrete A "punch list" of items in P .o. 25 ne edi ng attention prior to accep- t ance of t he project by the City was sent to the General contractor, Western Paving Construction Co., June 15, 1979. \olestern Paving responded by letter dated June 29, 1979 and agre ed to repair the broker. manhole co llars , and correct pavjng in the 4500 block o~ South Pearl Street. However, the y questioned the concr ete work being req uested and asked to meet wi t:1 representat i ves of the Engineering De p artment, in the fiP-ld, t0 further discuss the concrete !':i tuation. Up on mneting with representatives of Western Paving, it t.·as appare nt that they and their concrete sub-contrdctor, Colorado Curb and Gutter, were willing to replace only a fractio~ cf the conc rete work listed in the "punch list" and had n o intention of replacing any concre t e where a spalling condition ex isted . Subsequent to this meeting , we re-inspected the concrete to determine what W«s damaged by the City grader while removi~g ice from the g ut ter. We revised the original "punch list" and divid ed it into the following catagories: (l) s p all i ng & grader damaged concrete (2) grader damaged concrete , and (3) broken , cracked and /or workman sh ip. A copy of t he revised "punch list" was forwarded to Western Paving on August 23 , 1979 . On October 5 , 1979, Colorado Curb and Gutter notified us by letter that they were accept i ng responsibility for, and would replace concrete at fi v e l ocations, out of approximately 65 location s , o n the "broken, cracked , and/or workmans h ip " list. This work has since been completed. our next course of action will be a letter to Western Paving d e~anding t hat they rep lace the concrete or we will have so m~one e~se do ~t and charge it to their account . I have been delay~ng th~s lett7r, however, in anticipation of receiving results ~r ~m a _comp:ehens~ve concrete testing program , in which we are part~c~pat~ng _w~th Denver, Au rora, and Lakewood , in the hopes that these results m~ght b ~ conclusive and in turn relate the spalling problem to a mater~als deficiency. we ar e continuing to retain $61 ,000 on this project pending completion and acceptance. The estimated cost of "punch list " work is as follows: • I • - • • • • • • ATTACHMENT E. '101 Andy McCown, City Man a ger DATI: November 2, 1979 ~ Gary R. Diede, Director of Engineering Services -.c:Ja CROSSPAN REPAIR -REMOVAL/REPLACEMENT In past years, the Engineering and Public Works Departments have attempted to repair and/or replace intersection crosspans through- out the City. The majority of this work has been accomplished, in conjunction with and incidental to,budgeted Sidewalk Improvement Districts. In 1977 monies were specifically budgeted for a crosspan replace- ment progran. Recommendations from Public Works comprised of a list of ten (10) locations definitely needing attention and thirteen (13) locations that could be considered of secondary priority. A list was also submitted by the Fire Department. It consisted of six (6) locations (7 crosspans), with emphasis placed on major fire and emergency routes. The 1977 Crosspan Replacement Program corrected six (6) of the seven (7) crosspans on the Fire Departments priority list. The seventh (7th) location was corrected this year as part of the 1979 Sidewalk Improvement Program. Attached is a composite list of crosspans that have been recommend~d in recent years, by staff, for replacement. We have evaluated each of these locations and indicated corrective action, if any, that we would propose at this time. I have also noted locations where we have received duplicated requests, locations where corrective action has already been taken, and prioritized the list with a status evaluation from our field observations. This composite list is not to suggest that there are not crosspans at other locations within the City that are equally in need of replacement. However, it is indicative of the scope of crosspan repajrjreplacement needing to be dor.e. In summary, 72 crosspans have been recommended for replacement by the Fire and Public Works Departments since 1975. Through · various sidewalk, crosspan, and storm sewer projects, 26 locations have been improved. Of the remaining 46 locations, five are grade situations wher e replace ment is not feasible; fifteen should be considered priority projects; the remaining 26 could be improved, but are probably of a lower priority. I would estimate that the average cost of replacing a crosspan, with necessary incidental work, at $2,500 per location • • I • - • • Location Elati & Ithaca N . & S. side Elati & 285 N. & s. sides Submitted By Fire Dept. Fire Dept. Kenyon & Fox Fire Dept. N. side Kenyon & Kalamath Fire Dept. Kenyon & Lipan Fire Dept. Delaware & Grand Fire Dept. (2 ) Date 3/26/75 3/26/75 3/26/75 3/26/75 3/26/75 3/26/75 • • • Corrective Correct~ve ~d Action Taken Status Action Proposed None Poor None Flat grades (corrective action not feasib.:.e) Replaced Good N/A 1977 cross pans None Poor None Replacement will not eliminate situation Corrected by Good N/A OVerlay 1976 Corrected by Good N/A OVerlay 1976 Corrected by Good N/A ------------------------------------------------~~!!el_!~Z~----------------------------------- Elati & 285 Fire Dept. 3/30/77 Replaced 1977 Good N/A N. & s. sides Crosspan Proqram TUfts & Huron Fire Dept. 3/30/77 Replaced 1977 Good N/A w. side Cross pan Program TUfts & Galapago Fire Dept. 3/30/77 Replaced 1977 Good N/A w. side Crosspan Program Tufts & Fox Fire Dept. 3/30/77 Replaced 1977 Good N/A w. side Crosspan Proqram Quincy & Acoma Fire Dept. 3/30/77 Replaced 1977 Good N/A E. side Quincy & Bannock Fire Dept. 3/30/77 Replaced 1979 Good N/A E. side Sidewalk Proqram ----------------------------------------------------------------------------------------------- Bates Pkwy & Publ ic Works 3/l0/77 Replaced 1979 Good N/A Bates Sidewalk Program Pearl & Yal e Public Works 3/10/77 None Bad Cone Needs Replace- ment Amherst & Public Works 3/10/77 None Bad Cone None-deadend Delaware Street w. side Pearl & Amhearst Public Works 3/10/77 None Bad Cone Needs Repl · ment Pearl & Cornell Public Works 3/10/77 Removed with Good N/A new storm sewer I • - • • TOt ATTACHMENT D . • • • INTEI.()fffCE MEMOIANDUM Jim Curnes, Asst. City Manager DATE: N o,.~m be r 2 , 1979 ~ Gary R . Diede, Director of Engineering Services ~. P .O . 25 -Spalling Concrete A "punch list" of items in P.O. 25 needing attention prior to acc ep- tance of the p roj e ct by the City was sent t o the General contractor, Western Paving Construction Co., June 15, 1979. Western Paving responded by letter dated June 29, 1979 and agre ed to repair the broken manhole col l ars , and correc t paving in the 4500 block o~ South Pearl Street. However, they questioned the concrete wo rk being req uested and asked to meet wit:1 representat i ves o f the Engineering Departme nt, in the fiP-ld, to further dis c uss the concrete £ituation. Upon mc!eting with representatives of Western Paving, it ,.-as appare nt that they and their c oncrete sub-contrdctor, Colorado Curb and Gutter, were willing to replace only a fraction cf the concrete work listed in the "punch list" and had no intention of replacing any concre t e wh ere a spalling condition e~isted . Subsequent to this meeting , we re-inspected the concrete to determine what was damaged by the City grader while removi~g ice from the g ut ter. We revised the original "punch list" and divided it into the following catagories : (1) spalling & grader damaged concrete (2) grader damaged concr ete , and (3) broken, cracked and/or workmansh ip . A copy o f the revis e d "punch list" was forwarded to Western Paving on Au g us t 23 , 1979 . On October 5 , 1979 , Colorado Curb and Gutter notified us by letter that they were accepting responsibility for, and would replace concrete at five locations, out of approximately 65 location s , o n t h e "broken , cracked , and/or workmanship" list. '!'h is wor k has since been com p leted . our n e xt cours e of ac tion will be a letter to Western Paving de~anding that th e y replace the concrete or we will have som~one e~se do 1t and charge it to thei r account . I have been delay1ng th1s lett~r, however in anticipation of receiving results f rom a comprehens1ve concret~ testing program , in which we are participating _with Denver, Aurora, and Lakewood, in the ho pe s t hat these results m1ght b~ conclusive and in turn relate the s pa lling problem to a mater1als deficiency. we are continuing to retain $61 ,000 on this project pending compl etion and acceptance . The estimated cost of "punch list~ work i s as follows: • I • - - • Jim Curnes November 2, 1979 Page two • • • Spalling concrete -removal & replacement Broken/cracked/workmanship Grader damage -responsibility of Street Department Total materials, labor and profit Gary R. Diede, P.E. Director of Engineering Services GRD:bjs • $ 85,500 9,500 3,400 $ 98,400 I • • • - -· • - (3) Submitted Corr ~ctive Location b Date Actio'1 Taken Status Loqan & Eastman Public Work s 3/10/77 Removed with Good N/A new storm sewer Pearl & Floyd Public Works 3/10/77 None Bad dip (second priority), N. side Needs replacement Acoma & Hampden Public Works 3/10/77 None Bad Flat grade N. side concrete Needs replacement Grant & Mansfield Public Works 3/10/77 Removed with Good N/A new storm sewer Mid block Public Works 3/10/77 None Bad cone. Needs replilccment 4848 s. Lipan bad dip very expensive, much AC work req. ----------------------------------------------------------------------------------------------- Amherst & Washington Public Works 3/10/77 None Bad cone. 2nd priority Needs replacement' Amherst & Public Works 3/10/77 None Bad dip 2nd priority Clarkson Needs replacement ~ashington Public Works 3/10/77 Removed with N/A •• & Good Cornell new storm sewer Delaware & Public Works 3/10/77 Replaced in Good N/A Dartmouth Dart. St. Proj. Acoma & Floyd Public Works 3/10/77 None Bad cone. Needs replacement s. side Bad dip Nassau & Public Work s 3/10/77 None Hole in conc.can be repaired by Street Dept. Windermere Inca & Oxford Public Work s 3/10/77 None Bad dip 2nd priority Needs replacement • Ithaca & Inca Public Works 3/10/77 None Poor 3rd priority coulq be improved !?OX & Jefferson Public Work s 3/10/77 None Bad cone. Replacement may Bad dip improve Oxford & Penn Public Works 3/10/77 Pan removed Good N/A • I Stanford & Huron Public Works 3/10/77 None Bad cone. Needs replacement Bad dip • (Layton & Delaware Public Works 3/10/77 None Bad cone. Needs replacement Bad dip Quincy & Acoma Public Works 3/10/77 Replaced 1977 Good N/A Proqram • • - • • - (4) Submitted Correcti ve Co r r t.t..:L ~v e Location by Date Action Ta k e n S tatus Action rropo s< Caspian Pl. & Fire Dept. Tejon 10/23/79 Replaced Good N/A Iliff & Raritan Fire Dept. 10/23/79 None Bad dip 3rd priority Neeas replacement Dartmouth & Fire Dept. 10/23/79 Removed with Good N/A Lincoln Dart. Proj. Quincy & Acoma Fire Dept. 10/23/79 Replaced 1977 Good N/A Cross pan program Quincy & Bannock Fire Dept. 10/23/79 Replaced 1979 Good N/A Sidewalk Program Quincy & Pearl Fire Dept. 10/23/79 None Bad dip 2nd priority s. side Needs replacement Quincy & Fire Dept. 10/23/79 None Bad dip Needs replacement Washington 2nd priority Quincy & Broadway Fire Dept. 10/23/79 None Bad dip Needs replacement Dip on Tufts-Fire Dept. 10/23/79 Replaced 1977 Fair N/A Clayton School Crosspan program Bannock & Stanford F ire Dept. 10/23/79 None Fair None Galapago & Union Fire Dept . 10/23/79 None Bad dips Needs replacement Layton & Fox Fire Dept. 10/23/79 None Bad dips 2nd priority Needs replacement Layton & Galapage Fire Dept. 10/23/79 None Bad dip May need replace- ment, check flat grades Chenango & Fire Dept. 10/23/79 None Bad dips 3rd priority Delaware Needs "replacement Delaware & Grand Fire Dept. 10/23/79 Replaced 1976 Good N/A Sidewalk program Fox & Grand Fire Dept. 10/23/79 None Bad dip 2nd priority I • Needs replacement Galapago & Grand Fire Dept . 10/23/79 None Bad dip 2nd priority Needs replacemt. Tufts & Logan Fire Dept. 10/23/79 None Poor dip 3rd priority Needs replacement • • - • • - (5 ) Submitted Corrective C.:,rrective Location b:t: Date Ac tio:1 Tak e n St~ t u s Act_;· ~!:!-='PO S,~d • Tufts & Sherman Fire Dept 10/23/79 No n e Poor dip 3rd priority Ne e 1 s r eplacement Downing & Hampden FirE! Dept. 10/23/79 No ne Bad dip 2nd priority Needs replacemen t Acoma & Oxford Fire Dept. 10/23/79 Pan removed Good N/A Kenyon & Bannock Fire Dept. 10/23/79 No pan Fair N/~ Cherokee & Oxford Fire Dept. 10/23/79 None Bad dip 2nd priority Needs replacemen t Kenyon & Elati Fire Dept 10/23/79 None Mino r dip 3rd priority Needs replaceme nt Mansfield & Fox Fire Dept. 10/23/79 None Minor dip 3rd priority Needs replacement Nassau Way & Fox Fire Dept. 10/23/79 None Bad cone. Needs replacement bad dip Very costly Much AC work Fox & Oxford Fire Dept. 10/23/79 None Bad dips 2nd priority Needs replacement Galapago & 285 Fire Dept. 10/23/79 None Minor dips None Inca & 285 Fire Dept. 10/23/79 None Bad cone. 3rd priority Needs replacement Delaware & Fire Dept. 10/23/79 None Bad dip Flat grade Eastman AC work Grant & Floyd Fire Dept. 10/23/79 None Minor dip Required major AC work on Floyd • Pearl & Amherst Fire Dept. 10/23/79 None Bad cone. Needs replacement i3ates Ave. & Fire Dept. 10/23/79 None Bad dip Needs replacement La f ayett e Drive Flat grades 3rd priority • !lates Pky. & Fire Dept. l0/23/7 9 Replaced 1979 Good N/A Bates Ave . Sidewalk Prog. Marion & Cornell Fire De pt. 10/23/79 None Bad dip Needs replacemen1 Bad cone. Ogden & Eastlren Fire Dept. 10/23/79 None Bad dip 3rd priority I Needs replacemen· • * duplicate requests - • • • • • ATTACHMENT F . TO: Jimmy E. C,U~~s~Assistant City Manager Richard S~~~. Director of Community Development November 13, 1979 FROM: DATE: SUBJECT: Code Enforcement Activities As per your October 9, 1979, memo please find attached the latest monthly report of the Building Division of the De- partment of Community Development. Also attached is the annual report for the same Division for 1978. In addition, you requested that I comment on two items : 1) Enforcement of the weed ordinance, and 2) Enforcement of the Snow Removal Ordinance. WEED CONTROL Attached is a report to me from Gary Pittman that speaks, in part, to the issue of weed control. Before I get into my recommendation, however, I would like to explain the procedure we use step by step: 1) Identification of problem. a. Complaints are filed by citizens with the Department; or b . Each of th e two (2) code enforcement officers is assigned to a specific area of town. They make periodic inspections throughout their area and identify violations on their own. 2) When a violation is spotted or reported, a ten (10) day notice to remove the violation is posted on the property. If the property is vacant, an attempt is made to contact the owner both verbally and in writing. 3) If the violation is not removed within ten (10) days, bids are requested from contractors to cut the weeds and/or remove the debris. This takes approximately one week to ten (10 ) days until the work is actually done • I • - • • • • • • Jimmy E. Curnes November 13, 1979 Page -2- 4) A bill is then sent to the property owner for the cost of the work plus 15% administrative cost. If the bill is not paid, Step Five (5) would be the placement of a lien on the property by the passage of an ordinance by City Council. However, this step has not been taken since I have been here. I have several observations about this procedure: 1) The time and when 20 to 30 probably port was official cynical. between when a violation occurs or is reported the violation is removed can be anywhere from days. If the violation is reported, it most had been going on for some time before the re- made. During this time people can see no activity and most likely get angrier or at least A problem like this tends to fester. 2) I believe that our inspectors either identify or citizens report violations fairly quickly. In other words, I do not believe additional inspectors would turn up significantly more weed or litter violations. 3) The basic problem is not identification, but the lag be- tween when a violation is identified and when it is cor- rected. More inspectors would also not assist in speedier corrections. 4) There are two reasons for the time-lag problem: a. The legal requirement for proper notification. The ten (10) day notice permits the owner to remove the violation. In most cases (90% or more), this is done within the ten day period. These violators are the unintentional ones, and I would not recommend shortening this notice period • b. It is difficult to get and maintain good contractors to cut weeds and remove debris. We have advertised and increased the amount of the contracts, but we still only have a limited number of contractors. 5) As a basic rule, I believe that the best enforced ordinance is one that is self-enforced. That is, if we could increase the number of people who voluntarily cut and remove their own weeds and debris, the problem would be minimized. To accomplish this, I recommend: , I I • • - • • • JiiiiDly E. Curnes November 13, 1979 Page -3- • • • 1) More direct advertising of the problem in the local media and possibly by an insert in the Citizen with reminders in the utility bills. 2) A strict adherence to the procedure of placing a lien on the property that does not pay the bill for cutting. I believe that by enforcing this, aore people will not only pay, but will have the weeds cut by themselves or by so•eone else at a cheaper rate. The 15% administrative cost should also be increased to 20%. 3) Since it is the repeat violator that presents the greatest proble•, special attention should be given them. The first notice for the first violation should be handled as I have described. The notice for the second violation should be accompanied by a warning that if this violation occurs again, not only will we proceed to remove the violation, but that we will proceed with court action whether or not the violation is voluntarily removed. On the third violation, we would then proceed as usual to remove the violation, but we would also file a case with the municipal court. The court can levy a fine of up to $300 • .§!iQ! REMOVAL Attached is a meao to •e from Gary Pittman relating to the Snow and Ice Removal Ordinance. The essential difference be- tween this problem and the one with weeds is that the snow usually does not stay around long enough to hire someone to remove it. In fact, it would probably be impossible except for areas or properties that have a chronic problem. Once again I believe that the best enforcement is self-enforce- ment. Once most people know that there is an ordinance and a problem, they will voluntarily comply. I recommend the following: 1) More direct advertising of the problem in the local media and possibly by an insert in the Citizen with reminders in the utility bills. 2) Both police officers and code enforcement officers could respond to complaints or identify violators in their normal rounds. If there are particular problem areas, they could be inspected after each snow. I don't recom- mend inspections up and down every street after each snow. • I • - - • JiJDJDy E. Curnes November 13, 1979 Page -4- • • • 3) Both police officers and code enforcement officers would be eapowered to issue citations. The first would be a request to re~ve snow or ice, the second would be the saae request with a minimal fine (such as a parking ticket) and the third would require an appearance in Court. Except in unusual circumstances, the City should not shovel walks. 4) If we must remove snow and ice for safety reasons, the present ordinance should be amended. It now permits the cost to be assessed against the property, but it does not call for bills to be sent to property owners. It re- quires that immediate liens be placed on the property. I believe that property owners should have an option of paying before liens are filed. This would save everyone a lot of time and trouble. gw cc: Chief Robert Holmes Gary Pittman I . - • • TO : FROM : DATE : RE: • • • Richard Wanus~ Director of Community Development Gary Pittman, Chief Building Inspector November 5 , 1979 Code Enforcement Division It is my understanding that the ~ity Council has asked for a report on the activities of the ~ode Enforcement Division for the last year and this year to date. Council has also wanted to know if additional summer help in the Division would be effective in controlling the weed problem throughout the City. In 1978, the Code Enforcement Division processed an all time record of 8,984 inspections. Of that, 6,185 were litter, trash, weeds, and debris violations. T~e processing of litter, trash, weeds and debris violations has been in~reased from 2,581 in 1976 to 6,185 in 1978. This is especially significant, considering this was accomplished with one less Code Enforcement Officer . In 1979 the Code Enforcement Division has processed 5,458 viola- tions for litter, trash, weeds, .md debris. Code Enforcement, however, has not been without it:; problems. It is becoming evident that most violations are repeat violations. We must go back time after time on the same continuing problem. This is particularly true regarding weed violations . Until 1973, the City's Public Works Department cut the weeds and the owner was billed City cost . These bills w~re so low it was cheaper for the owner to l e t t h e City cut the weeds . In 1973, the Ci ty starte d hiring private contractors to do weed abatement cutt i n g. Because weed removal costs have become much more expensive many owners are not paying when billed. Most of these continual violators have refused to pay because they are aw .ire that Council has not draft~d an ordinance to file liens on the properties since at least 19 74. Why should they pay a bill the City will not collect. This has created very serious enforce- ment problems . The continual violator knows he need not pay these bills . Rental property owners are the biggest violators. It is my opinion that if Council will follow through with a lien ordinance against these properties it will signal to these viola- tors that their violations will .:ost them money. I believe this is the only way to obtain volunt ary compliance. By reducing the incidents of constant violators chere will be no need to hire ~~~;~;~~1 1 -~~~~ I • - • • • • • • IWV 51979 ·----------·--·--···-·---····--- TO : FROM : Richard Wanush , Directo r of Community Development Gary Pittman~)1 1 Chief BuiJ.ding Inspector DATE : November 5, 1979 RE: Snow and Ice Removal Or :linance That portion of the Snow and Ice Removal Ordinance requ1r1ng snow and ice to be removed from public sidewalks and the time pe~iod specified for its removal reads as follows : It shall be unlawful for th~ owner or occupant of any lot, block or parcel of real estate within the City, or for any agent in charge of such property, to allow any snow or ice to accumulate or remain upon any sidewalk contiguousto such property for more than six hours from th .-! time of the last accre- tion of such snow or ice; p ·covided that if a storm or fall of snow occur in th~ nighttime, the time limit for such removal shall extend to 12:00 o'clock noon next following. There would be many problems associated with the enforcement of this ordinance by the Code Enfor ·.:ement Division. From a practical stand point we would not be able to enforce the time constraints of the ordinance. We would enforce this ordinance by the complaint process . We would not be able to give notice of violation until the day after the complaint is received. The earliest we wo•tld be able to remove the :mow would be the following day after the notice is issued. In almost every case the snow would be melted off of the publ ~c sidewalks by this time . The contractors who are equipped for snow removal are extremely busy with contract work, ie. parking lots, private sidewalks of large office comple~:es, ci tie~ that contract snow removal of public streets. We have soli .:ited our weed abatement con- tractors and others regarding th ~ possibility of their doing this snow removal. None of these contractors are willing to do this type of snow removal . The major reasons for their reluc- tance is that there are no profits in this type of snow removal, • I • - - • • • • capitol outlay for equipment, and lack of consistent volume of work. It is not practical or financially rewarding to them to accept this type of work . Colorado winters are too inconsistent to rely on this type of work for income. The health of many of our older citizens does not allow them to remove snow on a consistent basis. This will pose a burden fo:: this segment of the citizenr r. Homes with public sidewalks with northerly exposures will take the brunt of this ordinance . Snow accumulation on the north side of the avenues is a problem that in most cases is not the owners fault. The snow melts and the traffic slops it on the walk and there it freezes and stays. Administratively, the enforcemen t of the Snow and Ice Removal Ordinance by the Code Enforcemen~ Division is impossible. We do not have the staff sufficient in size to take on the added responsibility. So far this year, the Code Enforcement Officers have processed 5,458 code enforcement violations. It is also the responsibility of these officers to do building inspections on all miscellaneous building pe•~its, inspect wrecking yards and inspect mobile home parks. ·::ollectively, this averages out to 27 inspections per day . · ... "be metro area average number of inspections made per day by an inspector is 14. As you can see we are already doing more than we can handle with present staff size. Administratively and with present work loads, you =an see that this Ice and Snow RP.moval Ordinance would take very low priority. For example, if I have to make a decis~on as to whether my Code Enforcement: Officers will be inspect ~ng construction or writing notices for snow removal after a snow storm, the snow removal enforcemEnt would need to be put off. GP/vc I . • - • I l I ·.; 7 ·,I ~ ... ; 01 tng lewood .:..: ~ Enforcement :.-,-:-:-::.Y .=l:r-o;n ~· :.".'/ CONSTRUCTION I perm it s ~.:s ·::i'l!!a l 6·~-D. t er I 2 C::-;··~~~;rci~1 I 2 :i.:~st r i al I 3 o::::::~ I sua-TOIAL I 7 .!)~!li ONS & REMODEL I F.~s ::::n\iat -Other I 15 C::71:o.ercial !'~UflC~pal I J.·.::\.:strial I L.e:.t v ....... ts I ~SID -Gara 2 es 9 SUB·TOIAL I 24 S ~3 CONTRACT I pe rr.,i t .fees I $ 386.00 424 .00 790.00 I I $1,600.00 I I $ 37 3.00 I I 192.00 $ 565.00 I • • I const..cost 1 blcc·s 1 units 1 ccns'r:d cons't ed I $ 116,000. I 2 I 5 I I 172,000. 2 I 2 I I 300,545. 3 I 3 I I I I I $ 588,545. 7 I 10 I I I I I $ 55,204. I I I I I I I 23,050. i I $ 79,054. I I I -. -1 56 1 ~ 876 uo 1 s 125 667 . , . f!-.;:;,'Ji:-:g I 38 I 451.00 I 45,802. I ~.'~c h ::n lc al I 42 I 545.00 I 59,191. I I I I I Perwits FOR OCTOB ER ,g _?· __ VIOl. ViOl. 1 jan.1 I Constr Cost. Constr Cos t . iound corr. to date 1/1 to date pr. yr rn o n t n I I ·a 11 ~ ~~?.400 s n:888: .l~ 399 ,100 J I 15 21 1,614,000 40 ,294 . I 22 I 1,908 ,2 66 -' 1 I I 3 I 2,69 4,9 60 42 42 I 67 41~ 7,361,726 $122,294. I I I I - I I 1 29 12ls 4 46 ,1341 $ 52,768. I I 1 11 ;~~· oog 1 10 6 7 54 500. I 8 I I 32,99 11 ~ I l I I 77 4 ;$ 268 ,396 19 4 00 . I 225 I nls 1,480,066 $ 72,668 . I I I .. 6 6 1 483 I 611s 1 294 729 1 s 43 829 , , , - 10 10 I 258 1 251 471 ,965 20,525 . - 8 8 I 333 I 321 2,175,654 63 ,2 44. I I I ~~~·-~·s~c~e~!~!~a~~.2~o~~~s------~-6_7 __ +1--~-------+-----------+-----T-----T----~----~~~ 505 1,~6~0 ~~-1~·~6_9_9~,3_6_4~~---9_6~,~8-0_4_. __ 11 I I 135 ln l 116,40 11 7,043 . .=::.-:: : ·; :1 7 I 1_...:5:..::+! _~>~lr----=3:..::.9 .:..., 4.:.:8-=-a+l-~4 ':....::5...:...:50 . s -,.:.-:-.-:o:-,r.g_;::_o_ct--~~:.._+l-___;_-=----;--.......:...--;.--~--+---+--1 ! 1! I 1, ooo . !-:~,-~ :-.g c. \-.'rec ':dn;: 1 I I 26 I 51 3. 5oo I 4 oo . ~~~~~~s~~~a~T~o~~-~L~I-2-2~2--+I----~~~~-----------T----+-----T---24~~~--2~4 I 1793 l zo 1b 5,8o1 ,10 l I s 24 3 ,395 . ------f• ___ -_, o_-:-_A_L_It...:2:..:5~3_..JI~~------'---=:.:..:.::..:..:~.:..:.......!.. . .,. ... __.__!~_ -~----~~-'--66 \~oa:__~~~~_:_0_.;~~-c;-~J _ s: ?~~~~?.: ... • • • • - • • • - • • • • • -9- BUILDING DIVISION The Building Division has five general functions for which it is responsible: ·1. Regulating all community cons~ruction activities. 2. Providing for the enforcement of environmental codes. 3. Administering a Housing Inspection program. 4. Enforcing the Comprehensive Zoning Ordinance. 5. Providing administrative support to the Board of Adjustment and Appeals. TLe Building Division had a very active year in each of these five functions. New construction activity surpassed the $10,000,000 mark with home remodeling showing significant gains. The Code Enforcement inspections exceeded the 7,000 mark. Zoning violations and corrections increased as can be seen in the 779 investigations conducted in 1978 ---an in- crease of 536 over the previous year. For 1979, coJll?truction activity i::: expected to remain strong;. Code Enforcement investigations a :"e expected to once again top the 7,000 mark, and zoning investigations should increase be- cause of the increased emphasis tt.e Building Division has given them. It is the Building Division's goa:'. during the coming year to evaluate our existing codes, cont.1 ·actor 's licensing and other related ordinances for effectiven•JSS and applicability to the Englewood community. The 1979 Uniform Codes will be proposed for adoption, the existing Housing Code is expected to be re- vised, a new Rehabilitation Code will be developed and better licensing and registration procedures will be developed to better protect citizens and contr1ctors alike. A. Construction Activity • The Building Division regulates all new construction for Code compliance. Over the past few years some interesting trends are evident. Total new construction activity fl)r 1978 totaled $11,373,850. This figure is the grand total of all new construction: build- ing, plumbing, aechanical and electrical and is a three-year high and the third straight year construction acti.vity has been at the $10,000,000 aark. The construction value of new res:i.dential dwelling units totaled $1,996,156. Of that figuce, $1,288,000 was for the construction of forty (40) apartment units (Cherokee Kivas) and the remainder, or $708,156, consisted of thirteen (13) I • - • • • • • -10- single-faaily structures and ten (10) duplex structures. These figures show that residential de';elling units continue to be The trend since 1970 is built although at a very low rate. as follows: YEAR ONE TWO TIIREE TOTAL FAMILY FAMILY !AIIILY APARTIIENTS UNJTS 1970 28 335 363 1971 32 2 689 723 1972 18 16 6 95 135 1973 16 12 497 525 19'74 16 4 6 42 68 1975 13 3 16 1976 10 4 3 104 121 1977 18 22 3 43 1978 i3 22 40 75 Construction of single family and duplex structures could in- crease significantly if many of the vacant lots in the Scenic View area of the City would be d~veloped. The majority of these vacant lots are w~d and trash probleas. Without improved streets and utilities, the developaent of these sites is not possible. The Building Division has actively encouraged the construction of new dwelling units by providing developers with information such as: 1. Available building sites. 2. Sewer, gas and water tap inforaation. 3. Types of construction and housing alternatives available to them. The results of this program has ·directly resulted in new homes being built at: 4729 South Logan 3214 South Clarkson 4722 South Pearl 4196 South Cherokee 3155 South Eaerson 4612-16 South Washington 4895 South Grant Construction costs of new commercial and industrial buildings totaled $2,179,623. This includes eleven (11) new comaercial structures and twenty-six (26) industrial structures. Specific ne·1 structures are: 1. Wendy's Drive-in Restaurant: 5466 South Broadway 2. Warehouse/Office: 3747 South Kalaaatb Street 3. Warehouse/Office: 3701~31 South Inca Street Other new structures not accounted for in the above inclu•les • I • - • • • • • • new recreational facilities and City expans i on projects. Specif·ic new structures are: 1. Sinclair Bath House: 300 West Chenango Avenue. · 2. Medical Office: 3601 South Pennsylv~nia Street . -11- This classification accounted for $1,204,454 of new construction. The most significant change in cc·nstruction activity occurred in the area of residential additi~ns. Included in this group are: room additions, exterior remodeling, patio covers and new garage. This area of construction totaled $2,224,924 and is up $1,639,362. The City rehabilitation program accounted for $130,000 of the two million dollar figure. This would in- dicate that more and more people are deciding to stay in their present hoae. ·They are deciding to make their home more livable rather than aove. With the City presently reviewing the Comprehensive Plan and with the present trend towards residential additions and re- modeling, thought should be given to any p1·oposal or ordinance that may discourage people from E"taying in Englewood because their home does not meet their housing needs. B. Environmental Inspection Program. The Environmental Inspection Program completed an all-time record number of inspections of 8,984. Of that, 6,185 were litter, trash and debris viola tic.ns; twenty-eight were taken to court; sixty-five are still bt·ing processed ; and 6,120 were corrected. The processing of litter, trash and debris violations has been increased froa 2,581 in 1976 to 6,185 in 1978. This is especially significant, considering this was accomplished with one less Code Enforcement Officer. Code J:uforcement, however, has 'lot been without its problems. It if, becoming evident that mo :;t violations are repeat violations. We must go back time after time on the same continuing problem. Even when court action is taken and a ruling is made in ~ur favor, many violators are taking that chance because they feel it worth their while to do so. The court fines them but does not have jurisdiction to order correction of the violatiol.. The only alternative is to refile charges and ask for anoth<:r fine. llany experienced violators know this and use it to their advantage. c. Housing Inspection Program. In 1978, 265 housing inspections were made. Two housing units were condelmed. Two units have l.een posted as hazards. The reaainder were substandard housir.g units that could be improved. All these units now meet at least our minimum housing code • • I • -• • • -12- Additioully, tbe Building Divisi•;n is evaluating the a:a.n:a.au. boua1QK code etaDdards f or applicability to today'& co.aunity aeed8. All eK&aple is elecJtrica l systeas. Most everyoae in society today uses .are saall electrical appliaDCeS than ev r before, eucb a blenders and electric blallkets. llaay or th electrical .,.t..e in our older haaes will overload aad shut off by tbe uae of just a few of these saall appliaaces by trippiQK tbe breaker or blowiag a fuse. To avoid tbe continual ebut-off probl .. , people alter their electrical service ~ properly, DOt realizill& that if the power does not sbu t down, tbe wiri~~g will overload and bura. What is tbe aaswer? A total rewir1Dg ·of the bouse costs about $1,500. No corrections at all aeans an eveatual hazard a 1d fire. Solutions are beiag considered that provide an adequate level of safety without adding an uadue burden on the homeowner. D. Enforceaent of the Comprehensive Zoning Ordinances. I~ 1978, a record auaber of illegal use violations were pre- cessed. Sevea hundred seventy-ni !le (779) illegal use invet.:tiga- tioas were aade which is over thr ·~ tiaes tbe previous yea1 ·•s nuaber of iavestigations. For example, the nuaber of busiaesses atteapting to operate ia zoning d :.stricts ia which they are not permitted is ever-increasing in n1~ber. Without this continual enforceaent activity, the mixing of improper uses would result. E. Board of Adjustment and Appeals: Duriag the year of 1978, the Board of Adjustment and Appeals held twelve regular meetings, one special aeeting and one study session. The following actions were taken: 1. Setbacks and lot coverage 21 Granted 1 Denied 2. Late registration of Non-conforming Use 3 Granted 1 Denied 3. Zoning Use 9 Granted 2 Denied 4. Signs 0 s . Under-size Lot 2 Graated 6. lliniiiUil frontage of lot 3 Granted 7. Fe aces 4 Granted 1 Denied 8. Accessory Structure Height 1 Granted 9. Flood Plain Ordinance rec,uireaents 1 Granted 10. Building Code (lliniaua H~usiog Code) 3 Granted 2 Denied 11. Cases Disaissed (lack of jurisdiction) 2 I • - - • • • -13- Fifty-two cases were cousidered by the Board, Several o f the cases were recoosidered with new ~vidence and several caseE were granted with stipu1ations, i .e., short term ; present ~wne r only; li.lli ted uses and extensions. ·of particular acbiev~nt was the Board's granting the approval of develo~nt of several under-s:..zed lots. Where we once bad vacant, unusable lots, we now bave new family residences. ~· I • ., • - • • BUILDJ~G DIVliiPN -l':!il:l ?::RI-llT FEES CO:\S T:l.UCTI ON COS 'i · 1976 1977 1978 1976 1977 1978 _:.._:;:.rtr.ent auilding $ 0 $ 0 $ 1,575. $ 0 s 0 s 1,288,000. ?.:..s identia1 Bui1cings 2,197. 3,817. 2,8:!.8. 488,891. 1,120,653. 708,156. :::o=ercial Buildings 2,031. 2,838. 1,272. 699,200. 819,506. 376,694. !r:~ustria1 Building 5,596. 4,768. 5,113. 2,222,233. 1.620,391. 1,802,929. o~:-.e.r Buildings 0 l,U5.· 362. 94,698. 706,075. 204,454. ?OTAL -NEW BLDGS $ 9,824. 512,548. $11,:?~0. $ 5,354,022. $ 4,266,625. $ 4,380,233. ?.;sidentia1 Additions $ 4,336. $ 4,612. $ 4, 310. $ 579,667. $ 585,562. $ 2,224,924 . Con.-aercial Additions 450. 1, 733. 1,117. 94,700. 180,984. 296,847. l:-!dustria1 Additions 1,435. 1,994. 130. 448,200. 479,907. 14,000. =:.,_;.:ch Add it:'.-.--: 84. 0 0 18,000. 0 0 Scnoo1 Additions 60. 163. 0 11,105. 42.,000. 0 :-:~'licipal AdditioilS 0 0 0 0 18,000. 170,000. TOTAL -RfJ-!ODEL $ 6,365. s 8,502. $ 5,557. $ 1,1.51,672. $ 1,306,453. s 2. 705. 77.1. ~1ectrica1 $ 6,054. $ 6,928. $10,554. $ 997' 330. $ 1,187,796. $ 920,794. ?l\1!\'!'ling 3, 201. 3,296. 4, 156. 687,625. 438,388. 576,722. • 5,263. 5,562. 6, -'4e. 1,410, 771. 1,044,380. 1,087,253. :-:~chanica! :-:jving{De.:no1ition 293. 512. 1B8. 22,70J. 44,9 00. 14,4::>5. :;:.gn 830. 931. 5~9. 73,335 . 77,626. 45,251. :-::.scall a :-:~ou s (:e::1ces, e t c) 11 ,335. 9,438. 12' 163. 1,353,525. 1.476,680. 1,626,251. .. '! .:r::.>.L -S i}3C0N'?::t~CTS $~-$27' 101. S&£58 . $ 4,5.1;5,287. $ 4,355,085 . $ 4,2 8 7,84 6. ~-i 3, 1&5 . s _::.,s 2 ~. $51 .,::;5 . S ~l,C5 :J ,9El. s 9,923 ,163. 5 1 1 ,3 73,&5~ ~- • • • - • • BUILD:IliG DIVI.Sla.J -1978 • 1976 1977 1970 $ 40,040 s 41,273. :; 3!.>,144 877 1,477 1,530 Mobi.1.e Hoaoe I.ruipecti.ons. 2,650 2,662 2 ,403 use Tax. 104,382 142,895 13"/. 059 'J.'O'J:AL $147,957 $1S8 , 30'/ :il"/"/,016 DISPEC'l'Ic..iS New Construct:ion 7,128 7,075 7 ,370 Housing COde . . 4DS 219 265 Mab:i1e Ha.e P&rk Spaces. 2,825 2,900 2,55Y Aru:ki.ng Y&rdli . 250 197 2'10 'l'O'l'AL 10,611 10,391 10,434 N<YL"J.(.;~ _L!;:..;Ut:l) eo~·rccti.on and Stop Orders 390 594 l,381 Il1e<Ja1 U>OC (Zoning) 95 243 7"/9 L1censes and Peraits as 454 327 Litt:.cr 2,581 5,6 33 (),)135) "J 'v'i'hJ. 3,151 6,924 fl ,672..,. Contacts w.a.th other Dep .. u:tments " Agencielo 327 404 1)!.>4 • ·-COmplaint 1nvestigations 910 4,285 4,53!.> P COi>Crtic:.,; Cle.-•ned by C.lty 75 48 l22 Contractor Licenses Issued 963 987 965 Non-Conforming uses Registe:.:ed 325 268 304 Court Complaints Filed 78 21 28 I • • • Meetings ht~nded. 17.2 90 135 l"ri.les Traveled . 43,256 30,413 27,\JJ':) • • - • • • • ATTACHMENT G. M EMORA DU M ---------- TO: Ernes~ P. Romans, Di r ec~or of Parks & Re c re a~ion FROM: Richard M. Tapply , Ass~. Direc~or of Pa r ks & Recrea~ion DATE: November 8, 1979 SUBJECT: Fees a~ Mall ey Center After rev i ewing the idea of a non-resident membersh i p fee a t Malley Center , sever al advantages and disadvantages have been recognized. There is no easy and efficient wa y of collec~ing a non-resident members hip fe e. Two systems were suggested by the City Manager's office . The first wa s to c ollect a sum of money each month from non-residents. The administration time of such a system makes it impossible. The second alternative was to charge a yearly membership fee. This system could be implemented but it has some very definite weaknesses with which decision makers must be aware: 1. Advantages of a yearly non-resident membership fee : a. Additional revenue will be generated to offset the operating cost of the program. b. Non-resident s will be paying a share of the Center opera~ion wh i ch res idents pay through City taxes. 2. Disadvantages of a yearly non-resident membership fee : a. Senior citizens tend to disinvol ve themselves •'i th any program that causes them to go through red tape . Many seniors are quite apt to drop out of th Malley program because of the memb ership hastle. b. It would be necessary for someone to police the cards to be sure ~he facility users were properly carded. This process will cause non -residents to feel unwanted, out-of-place , and embarra s sed . A great deal of effort has been given to making the Center a warm, fr iendl y place for everyone. This r elaxed warm atmosphere will be in jeopardy . c. The Senior Advisory Commi~tee has j ust implen~nted an Englewood served first registration system for programs. Th is is in keeping wi r all other City parks and recreat i on registration systems. lf we start charging non-resident seniors a membership fee, it will mean that eniors are being charged more for Englewood r ecreation programs han non-seniors . The idea of a non -resident members hip fee is a verr serious and vi t al question. Should any action be taken I feel it is paramount that LuAnne and I meet with the decision makers . The i mpact of a non-resident fee system cannot be adequately expressed in a memo. J /,' '' Richard 14. RMT vg /•, Tapply, Assi~tani ' Director cc : LuAnne Mickelson • I • • - - • • • • • • ATTACHMENT H . II-llflllm U.l I Jim Curnes, Asst. City Attorney ,._, Kells Waggoner, Director of Public Works ~. Use of Synthetic Oil October 30, 1979 As requested we have reviewed the use of synthetic oils in newly acquired vehicles. Attached is a report from our ServiCenter Superintendent listing some of the negative and positive implica- tions. Regular oil, at present, costs $.62 per quart and is changed about every 5,000 miles~ synthetic oil costs $2.50 per quart (bulk price) and suggests a change every 20,000 miles or one year. Costs, there- fore, would come out about the same if the oil filter for synthetic would last for 10,000 miles and the vehicle was driven about 20,000 miles per year. We will continue to look at the use of synthetic oils in our vehicles. When new car warranties allow its use, we may indeed switch to syn- thetics. / I I ..(_(_ (:_, .. , --··----. - Kells Waggoner, P .E. Director of Public Works KW :b js Attachment • I • • - • • • - Kel.1s ·waggoner Mll: October 2~. 979 ......, Harry N. Taylor --=r, Synthetic 0:1.1 The Servicenter has researched the use of synthetic oil for city vehicles several ~s. Since our first encounter in 1976, we have not shown any measurable g ains to the city. ~ of the problems en=untered during trial periods were: 1.) Carrying several types of motor oil in inventory (i.e. two f o r gasoHne powered engines, one f or diesel powered eng 'nes ). The problem here was new car warranties were void if synthetic ol.l was used. We therefore stocked two types of oil which on occasion were inadvertently mixed. 2. J The use of synthetl.c oil in older velu.cles resulted ~n high oil consumpt:l.on in SOllie cases. The cost of synthet:l.c oil ( $2.50 per gt . J was not feasible when excessive consumption resulted. 3 . J We could not detect any -asurahle benefit l.D p rolonged engine life and did not alter our maintenance schedules. We found the maintenance reco r ds betweeri vehicles using a high mul i -grade motor oil and vehicles ~in g synthetic oil ~re about the s ame. Same of the positive aspects of using synthetJ.c o i l ace as follows: 1.) Synthetic oil doe s not bre.altdown as rapidly a s c onventional Ol.l. 'rh · s is beneficial for vehicles or equipment with a low usage factor (i .e. emergency generators ) . We are still using synthetic oil under those circumstances. 2.) Synthetic oil reacts favorably during extreme c old weather. Wh en the temperature is below o• F. , equipment and veh i cles h ave improved starting [)owe r. I.n sunmary, there are pros and cons to using synthetic oil l.n our city fleet. To thJ.s point , the negative aspects have outweighe d the positive ones. Even tocay , General Motors and Ford Motor Co. do not recommen d the use of syntheti c oil and wl. 1 void new car warran ties for its use. I feel synthetic oil can be uti ll.Z:ed in · certal.n areas but not on a blanket basis. Harry 111. Taylor Servicenter Superintendent HNT:dl ... I • • - - • • • • ORD~ 110-~- SERIES OF 1979 • • • BY AUTHORITY A BILL FOR COURCIL BILL HO. 53 Ill'l'RODUCED BY AH ORDDIAIJCE VACATDJG A PORTIOil OF WEST QUINCY PLACE COHTADtED WITHIN BAYES SUBDIVISIOil D1 THE CITY OF EHGLEifOOD, ComrrY OF ARAPAHOE, STATE OF COLORADO. VIIEREAS, West Quincy Place, being a 60-foot right-of-way for street purposes, was dedicated by plat in the Bayes Subdivision in 1955; and VIIEREAS, West Quincy Place extends 125 feet east of the south right-of-way line of South Lipan Street and deadends at the vest line of Jason Park; and WHEREAS, on October 16, 1979, the Planning and Zoning ec-.i.ssion of the City of Englewood found and determined that the entire right-of-way vas not needed and that only a 16-foot right- of-way for park maintenance vehicles and pedestrian access to the east entry to Jason Park should be retained. 111011, THEREFORE, BE IT ORMIJIED BY THE CITY COUHCIL OF 'DIE CITY OF EIIGLEIIOOD, COLORADO, AS FOLLOIIS: Section 1. The hereinafter described real property located in the City of Englewood, Arapahoe County, Colorado, be and the s..-e is hereby declared vacated pursuant to the provisions of CRS 43-2-301 et seq. (1973), as aaended, and title thereof shall vest in the owners of the abutting land as provided in said Article, said vacated land being .are particularly described as follows: The northerly 22 feet and the southerly 22 feet of West Quincy Place adjoining LOts 30 and 31, respectively, in Hayes Subdivision, City of Englewood, Arapahoe County, Colorado • Section 2. The hereinabove described land is located entirely within the City of Englewood and does not constitute a boundary line between the City of Englewood and any other county or other municipality. Section 3. The vacation of the hereinabove described property will not leave any adjoining land without an established public road connecting said land with another established public road • I • - • • • • • • • Section 4. The City of Englewood does hereby expressly reserve tbe riqhts-of-vay or easements for the continued use of existinq sewer. qas. water,. or similar type lines and appurtenances. and for ditches or canals and appurtenances. for electric. telephone. and similar lines and appurtenances. if any. nov located in the hereinabove described parcel vacated. Introduced. read in full. and passed on first reading on the 19th day of November. 1979. Published as a Bill for an Ordinance on the _______ day of Novellber. 1979. Mayor Attest: ex off~cio C~ty Clerk-Treasurer I. Gary R. Higbee. ex officio City Clerk-Treasurer of the City of Enqlevood. Colorado. do hereby certify that the above and foreqoinq is a true. accurate. and complete copy of a Bill for an Ordinance. introduced. read in full. and passed on first readinq on the 19th day of November. 1979. Gary R. Hiqbee -2-I • • - - , -· ' • • • ORDI:NANCE NO. SERIES OF 197"9-- • • .. • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 52 I~ODUCED BY v'L~hu.L-, AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CON- TAINED IN TIMBER LEA PLANNED DEVELOPMENT AREA WITHIN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. WHEREAS, n June 18, 1979, Alsum Brothers, Inc. granted an 8-foot parcel of property by deed for public alley purposes; and WHEREAS, it has now been determined that through a typo- graphical error the City of Englewood received excess and incorrect dedication for the Clarkson-Emerson alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The hereinafter described real property located in the City of Englewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of CRS 43-2-301, et seq. (1973). as amended, and title t .hereof shall vest in the owners of abutting land as provided in said Article, said vacated land being more particularly described as follows: A part of the SW 1 /4 of NW l/4 of Section 35, Township 4 South, Range 68 West of the 6th P.M., City of Englewood, County of Arapahoe, State of Colorado, more particularly described as follows: C0111111encing at the sw corner of said NW 1/4; thence Northerly along the West line .of said NW 1/4 495.23 feet; thence on an angle to the right of 89°53'22• and easterly 189 feet to the point of beginning; thence continuing Easterly along the aforesa id course B feet; thence on an angle to the right of 90°06'38• and Southerly 250 feet; thence on an angle to the right of 89°53'22• and Westerly 8 feet; thenc on an angle to the right of 90°06'38• and Northerly 250 feet to the point of beqinning. Section 2. The hereinabove described land is located entirely within the City of Englewood and does not constitute a boundary line between the City of Englewood and any other county or other munici- pality. • I • - - • • • • Section 3. The vacation of the hereinabove described property w~ll not leave any adjoining land without an established public road connecting said land with another established public road. Introduced, read in full, and passed on first reading on the 19th day of November, 1979. Published as a Bill for an Ordinance on the ________ day of Noveaber, 1979. Attest: Mayor ex officio city Clerk-Treasurer I, Gary R. Bigbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of November, 1979. Gary R. Bigbee -2-I • • - - ,. • • • • • BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 51 SERIES OF 19779 ____ _ ~~~ A BILL FOR AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CON- TAINED IN BLOCK 4, BANK ADDITION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO, AND RETAINING EASEMENTS THEREIN. WHEREAS, there presently exists between East Dartmouth Avenue and East Eastman Avenue a right-of-way which varies in width between 81.37 feet and 80.85 feet in the 3100 Block of South Clarkson; and WHEREAS, on October 16, 1979, the Planning and Zoning Commission recommended to City Council that the excess right-of-way on the west side of said 3100 Block of South Clarkson should be vacated and that easements be retained to provide access to utility service lines. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The hereinafter described property located in the City of Englewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of Part 3, Article 2, Title 43, 1973 Colorado Revised Statutes, as amended, and title thereof shall vest in the owners of the abutting land as provided in said Article, said vacated land being more particularly described as follows: The land adjacent to the east side of Lots 25 through 48, Block 4, Bank Addition, beginning at the NE corner of Lot 48, Block 4, Bank Addition, thence East 12.87 feet; thence South to a point 14.4 feet East of the SE corner of Lot 25, Block 4; thence West to the SE corner of said Lot 25; thence North along the East line of Block 4 to the point of beginning, Arapahoe County, Colorado, containing 8385 square feet, more or less. Section 2. The hereinabove described land is located entirely within the City of Englewood and does not constitute a boundary line between the City of Englewood and any other county or other municipality. • I • - • • • • • • Section 3. The vacation of the hereinabove described property will not leave any adjoining land without an established public road connecting said land with another established public road. Section 4. The City of Englewood does hereby expressly reserve the rights-of-way or easements for the continued use of existing sewer, gas, water, or similar type lines and appurtenances, and for ditches or canals and appurtenances, for electric, telephone, and similar lines and appurtenances, if any, now located in the herein- above described parcel vacated. Introduced, read in full, and passed on first reading on the 19th day of November, 1979. Published as a Bill for an Ordinance on the _____ day of November, 1979. Attest: Mayor ex officio City Clerk-Treasurer I, Gary R. H~g , ex off icio City Clerk-Treasurer of the City of Enqlewood, ColorAdo, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance , introduced, reAd i n full, and passed on first reading on the day of Noveabe r, 1979. Gary R. Higbee -2- • I • - • • • • • • • BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 49 SERIES OF 197_9 __ __ ~~~BY A BILL FOR AN ORDINANCE AMENDING CHAPTER 9, ARTICLE XI, BY ADDING A NEW SECTION RELATING TO SHOPLIFTING AND RIGHT TO DETAIN AND QUESTION ~ ~@l!lldtiN~ Aft EMEMELIS¥ u BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Chapter 9, Article XI, of the '69 E.M.C. is hereby amended by adding new subsections 9 and 10 to read as follows: 11-9-9: SHOPLIFTING It shall be unlawful for any person to wilfully conceal unpurchased goods, wares, or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, whether the concealment be on his person or otherwise and whether on or off the premises of said store or mercantile establishment, which goods, wares or merchandise have a total "alue of less than Two Hundred Dollars ($200). Such concealment constitutes prima facie evidence that the person intended to avoid payment therefor. 11-9-10: RIGHT TO DETAIN AND QUESTION If any person conceals upon his person or otherwise carries away any unpurchased goods, wares, or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person, in a reason- able manner, for the purpose of ascertaining whether the person is guilty of shoplifting. • • I . - - • • • • • • Introduced, read in full, and passed on first reading on the 19th day of November , 1979. Published as a Bill for an Ordinance on the ________ day of ............................................. __ • 1979. Attest: Mayor Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk, 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 November, 1979. Janice L. Watkins • I • •