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Home My WebLink About1970-10-05 (Regular) Meeting Agenda Packet• 0 / October 5, 1970 Regular City -Council Meeting • ] • • c,.,.,_ o 1':- cou,.fl ~.....,c,l..C' 14 u,.,'v o 0 /...' -,. Ct . nn1 ' v~o;t:. ~ c1 c 5 "?, ~ RESOLUTION NO • .5CJ , SERIES OF 19711 Cf:.· '' • ._ 0 '-1,.._. l..;_ ., A RESOLU TION ESTABLISHING THE CLASSIFICATION OF CHIEF ~J r:: KEEPER AND ASSIGNING IT TO GRADE 17 OF THE ENGLEWOOD CITY Ot..0 PAY PLAN. . WHEREAS, the duties assigned an employee holding the position of Jr. Storekeeper have become more complex; and, WHEREAS, the salary for this position is no longer competitive in the Denver metropolitan area; NOW, THEREFORE, BE IT RESOLVED that the classification of Jr. Store- keeper, presently at Grade 15, be eliminated from the present pay classifi- cation plan; and, BE IT FURTHER RESOLVED that a new classification of Chief Storekeeper be established at Grade 17, said changes to be effective on October 1, 1970. AOOPTED AND APPROVED THIS._i"-Liy DAY OF ~) 1970. ATTEST: I, Stephen A. ~on. ex officio City Clerk-Treasurer of the City of Engle- wood, Colorado do hereby certify that the above aud foregoing is a tnle, accurate, and complete copy of Resolution No • .:...3tl_, Series of 1970, passed on October 5, 1970. I . • . I .· \ ! I ~ • ,_ -• • ROLL CA LL - I . • ·. . , •' \ ( 0 !f.l-___ _ f X - 1-- - ~ 0 u r.l Ul ROLL CALL Brown Dh orit-v Kre1lina Lav- Lone Sent1 Schwab Ul r.l >< 1<1; ~ """' . ,....-. " .,_. • • • 1<1; z - I . • 0 . . --------'~--~------·~·~,~~-·· ~! f - ~ 0 u r>J Ul ROLL CALL • • • I . • 0 ·. ·. , f 2X • • • .. - ROLL CALL I • • , 2X • • • - ROLL CALL I . • 0 . ' _f 2X • - 0 • ROLL CA LL tJ) Brown Dh o rit:_y Kreili!!9:_ La_y_ Lone Senti Schwab . I . • • f X • -• • ROLL CALL " I . • 0 .. . , \ ! 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(b) Mr. Harold Rust, Manager of the Englewood office of the Public Se rvi ce Compa ny , will be present to present the franchis e c h eck. L---'(c) Mr. Robe rt E. Leigh, Re gional Manager of Alan M. Voorhees and Ass ociates, Inc. will be present to discuss a traffi c rPport just completed for the City. (Copies of the report tra nsmitted herewith. ) (d) Mr. Dave Sellards and Mr. Neil Grigg of Sellards and Grigg, Inc . will be present to discuss the storm drainage study they are conducting. (e) Mr. Ken Hammond, manager of the Del Farm Store, 4160 South Broadway , will be present to request renewal of their 3. 2 beer license. 3. Publi c b earing to consider the proposed Budget fo r 1971. 4. Communi cations . ~) Letter from Mr. Stanley H. Dial, Ci ty Manager, to the Board of County Commissioners 'of Arapahoe County recommending that certain projec ts be Included in the County's annual highway requests to the State Highway Department. (Copies transmitted herewith .) ......--(b) Minute s of the Board of Adjustment and Appeals meeting of September 9, 1970 . (Copies transmitted herewith.) c) Minute s of the Board of Adjustment and Appeals special meeting of September 2 , 1970 . (C opies will be available at a later tim e. ) (1) Memorandum recommending th at Bo b Kelley , 3825 South Grant Street, be grantf'd permission to h ave a n eighteen -In ch re•.ainlng wall wh ich will e n croarh 9'6" on City p r '>perty to the r ear of the walk. ( o pies transmi tted herPwitb.) (2) Memo r a ndum r('c mm ndi ng that R . F. Black, 382 1-3823 South Gra nt Str , b granted per- missi o n t o h ave a retaining wall -.. bich wlll e n- croach 9 '6" be hind wa lk on C i pr pert:l . (C pi es transm itted herewit h .) (3) Memorandum recommending that LotJi s e A. Linkenheil, -1062 u th Acoma Street, be granted permission t o inst 11 five 3" steel guards adjacent to the prOJ erty line wh ich will encroach u pon C ity proper tv . ( "Pies transmitted ht-rewith .) ( ontinu e d ) >. I • • ' • • AGENDA FOR REGULAR COUNCIL SESS ON OCTOBER 5, 1970 Page 2 4. Communlcati·ms . (Conti nued) L-(d) Minutes o f th e Wai"er and Sewer Board meeting of September 15 , 1 9 70. (C o pies transmi tted herewith.) (1) MP.morandum r e c o mmending that the Connector's Agreement between th City of Engl ewood and Cherry moor S uth Wa ter a nd Sani ation Dist ric t providing Englewood sewage t reatm nt service by connection o f such Di strict's s wer Sjstem directlj to the E ngl ewood sewer system at South Clarkson Street and E a st Jefferson Drive, be approved . (2) Memorandum recommending amendment of the agreement between the City a nd the Bow Mar Water and Sanitation District t o provide fo r a maximum of ninety-five s ewer taps. (3) Memo r·andum recommending that Supplement No . 2 to the Connector 's Agreeme nt between the C ity of Englewood and Bow Mar Water a nd Sanitation District and the Amendment No . 2 to agree ment between the V· lle Sanitation District and Bow Mar Water and Sanitation District of o ne a dditiona l residential site, re- quiring one s ewer tap, be approved . (4) Mem randum recomme nding the i nclusion of certain lands o wned by Mr. Irvin J . Hayut in in t h e vic inity of South Dahlia Street and East Orchard Avenue into the Southgate Sanitation District. L--(e) Minutes of the Planning and Zoning Commission meeting of August 18, 1970 . (Copies transmitted herewi th.) !: ~City Attorne • V (a) Report o n the status fa he ight waiver on a s ~ructure to be built at the northwes t corner of Wes t Ithaca Avenue and South Delaware Street. (C o pies transmitted herewith.) ~) Report o n a court case in o hing t he City and Mr. Oliver Kings ley . (c) Attorne 's choice . ( City Mana ge r . __ (a) Me m o randum fr o m the i ty Ma nager req est:ing an amend- ment ~be ordinanc e e : mpting certain t ms fo r pu rchase fr o m biddi ng pr ·edures . (C p ies ransmi':ted herewith .) (b) Dis cussic n ol a ssibl e l ease agreement of Fire Station No. 2 t o the Che r H ills Fire Dis ~ri " ';. V (c) Res o lu ti c n +t a, :r r F !b Feder I nsur nee Administrat ion that the uncil will t'tke he ne cessa a cti n enable the citizens o f Engle end '·' be e ligible f r flo..~d i nsurance. ( opi"'s transmitt d herewith . ) C !Jn ti nu e d ) I. I • • 'a • AGENDA FOR RE GULA R COUNCIL SESSION OCTOBER 5 , 1 970 P age 3 t[. City Ma nager. (C< n t inu d) (d ) Park Jmpro vemen s. (1) Au t ho riz.at : ... n t<' e n er into a contract. with the Co lurad• Game, Fi hand Parks De a r·tment fo t· Bureau o ( Outd oo r Recreat.i0 n funds ~ be used in th d evel • pmcnr cf the center section f the Eng lt-wnod· Bellf'view Pa k. (2) Au thrwi ~a ~ io n to proce d wi ::h a c nt ract to purcha s impervious dec king mate rials I r the s h ltE r ho· ... se ,l~ \en• nni al Pa rk • ./ (3) Res lucion arpmpriat.fng funds with the. Park lmpr o vemen~ Fund . (Copies transmitted h erewit.h .) (e) Manager's c hoice. "1. -K. R ecogniti n of nvn -scheduled citi zens and visito rs. '( <r: General discussio n. (a ) Ma)or 's ch o lce. (b) Council n n.n '~< c h t•ice . 1 jj. Adjournme n t . STANLEY H. DIAL City Manager SHD/i j ). I • • , 2 X 1 • • RESOLUTION NO. 2 g> SERIES OF 191:0ry c~t"rfc! CIA l ' P.r· •. ,L , o o cu •.;r=:NT • I) ""T ~ '7 0 FINDINGS OF FACT AND CO NCLUSIONS ON PROPOSED S.At(fii\.,.F~-l]NI_ON ANNEXATION -181. 22 9 ACRES MORE OR LESS. CITY CF" L.Nc.LE ··~'-'.::>,COL O . WHEREAS, on August 24, 1970 the City Council of the City of Englewood, Colorado passed a Resolution of Intent to Ann ex a certain parcel of land in Arapahoe County containing 181.229 acres more o r less, said area being described in said Res o l u ~ tion No. 24, Series of 1970; and WHEREAS, the Council by said Res o lut ion No. 24 did direct that Notice of He aring be published as r e quired by law and that hea r ing be he ld on No nday, Septembe r 21, 1970 at 8 :00 ?.t'. at the Englewood City Hall at 3400 South Elati Street, Englewood, Colorad o; and WHEREAS, h e aring was held on the date, time and place as publishe d; and WHEREAS, by the prov1s1ons of Chapter 139, Article 21, Section 9, C.R.S. '63, Act of 1965, City Council must mak E findings of fact and conclusions on whether the territory proposed to be annn~ meets the requirements of Chapter 139, Article'31 S ect ion~C. R. S. '63, as re-enacted and amend ed by the Mun1cipal Annexation Act of 1965, as amended . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI L OF THE CITY OF ENGLEWOOD, COLORADO that said Council finds the fo llowing · 1. That the area known as the Santa Fe -Union Ann ex at i e>n contains approximatel y 181.229 acres of land, as more parricu .. larly described in Resolution No. 24, Series 1970, and (a) is contiguous with the City of Englewood , Co l rad0 , (b) the land is unincorporated, lying within the Cou n ty of Arapahoe, Colorado, and (c) the City of Englewood has had more than two -t hi rds (2/3) boundary contiguity with said unincorporated area for a period of three (3) years either prior to or subsequent to January 1, 1966. 2. That no land held in identical ownership, whethe r con .. sisting of one tract o r parcel of real estate or two o r m r e contiguous tracts o r parcels of real estate, is divide d int sep ara te parts or parc e ls without the wr i tt e n c orsent of the landowner or land wn ers r-h reof. 3. That n o land within said area held in identical 'r hi p . whether consisting of one tract, r parcel of r al stat t r two or more contiguous tracts o r parcel of r al estat , c mp r i~ing twenty (20) acres or mor , whi ch, togeth r with th buildi ngs and improvemen ts situat e d the re o n , ha s an ass ssed val in excess of Two Hundred Thousand Dollars ($200,000 .00 ). 4. That a 'Petiti on For Ann ex ation Electior. in Unin o rp o rated ,_ I • • . ' f • Territory in The County of Arapahoe , To The City of Sheridan , Colorado' was filed with the City Clerk of Sheridan on Sep ., tember 18, 1970, a copy of said 'Petition For Election' was received by the Dire ctor of Finance of Englewood on the same date. That with regard t o s aid 'Petition For Annexation Election to Sheridan', Council f i nds the following: (a) That th e City of Sheridan is not l/6 contiguous with the area propos e d t o be annexed by the City of Engle - wood. (b) That the 'Disputed Area' is not 1/6 contiguous to the City of Sh e ridan . (c) That said Petition purports to include within the 'Disputed Area' portions of land already incorporated within the City of Englewood, Colorado. (d) That the following ownerships are divided with - out the written consent of the owners thereof: 1. E . W. and M. L. Ragsdale, Joint Tenants Warranty Deed recorded 3-20-67 B 1701 at P. 99 2. Chester C. and He l e n F. Whittington , J o int Tenants Warranty De ed recorded 7-25-66 6 -7-65 B. 1675 at P . 581 B. 1598 at P. 49 3 3. Ed G. Smith Warranty Deed recorded 6-22-60 B. 1196 at P. 489 4 . Raymond Koch Warranty De e d recorded 4-24 -63 B. 1424 at P. 427 That in view of the above findings, Council con - cludes that said 'Petition For Annexation Election' presente d to the City of Sh e ridan is invalid and of no legal effect. 5. That a 'Petition For An Annexation Election' for the entire area propos e d to be annexe d was filed with the Director of Finance , ex offi cio Cit y Cle rk-Treasurer of the City of Englewood on Monday , Se pte mb e r 21, 1970. Said Pe tition was signed by five (5) pro perty owners. Th ey are: (a) Leste r W. Hunte r 2101 W. Quincy (b) Jose ph Svige l , Sr. 4393 So . San ta Fe (c ) Mar ce l A. Dran s f e ldt 21 5 0 W. Radc li f f -2- ). I . • 1 • • (d) Clyde A. Roberts and Josephine H. Roberts 1800 W. Radcliff Said Petition is refused and given no effect, as no election is required under provisions of 139-21-5 C.R.S. '63 as amended. 6. That a 'Petition For Annexation Election' for an area described generally as that part of the proposed annexation lying East of the East Right-of-way Line of the Atchison, Topeka and Santa Fe Railroad was filed with the Director of Finance, Ex officio City Clerk-Treasurer of the City of Engle- wood on Monday, September 21, 1970. Said Petition was signed by five (5) prope rty owners, who are: (a) Merie K. Manning and William F. Manning 1540 W. Tufts Avenue (b) K. R. Stohm 1530 W. Tufts Avenue (c) John C. Gilliland Ill and Sarah Gilliland 1470 West Tufts Avenue Said Petition was refused artd given no effect as no election is required under the provisions of 139-21-5 C.R.S. '63, as amended. 7. That the proposed annexation does not detach any terri- tory from an existing school district and attach the same to another. 8. That no additional terms and conditions are to be imposed upon the area to be annexed. 9. That no election is required. 10. That the City of Englewood has substantially complied with the requiremenm of Chapter 139, Article 21, C.R.S. '63 as re-enacted, Colorado Session Laws of '65 . ADOPTED AND APPROVED this 1970. ..$"('( day of I. I • • . , • • 1'- r .,. ·) '70 c c u ~,~ CIT -•· Y OF £1\c · • , l £1 c~o RESOLUTION NO. 2 9, SERIES OF 1970 . '"' ' CO!..o. A RESOLUTION APPROPRIATING FUNDS WITHIN THE PARK IMPROVEMENT FUND. WHEREAS, the City Manager has advised that an additional $2,450 for additional work at Centennial Park including curb, gutter and bleachers is necessary to the completion of the park; and WHEREAS, the City is entering into a contract with the State Land and Water Conservation Fund for the development of the center portion of Belleview Pa rk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY, STATE OF COLORADO, as follows: Section 1. That $2,450 shall be appropriated for addi- tional work in Centennial Park said amount to be debited to the Fund Balance, Park Improvement Fund. Section 2. There is hereby appropriated $108,916 to the center section Englewood-Belleview Park; the source of said funds being as follows: A. 1970 Park Improvement Fund Appropriation (from Public Improvement Fund) $36,000 B. Transfer of Appropriation Currently in Belleview Park 9,501 C. Fund Balance, Park Improvement Fund 8,957 D. State Land and Water Conserva- tion Fund 54,458 $108,916 Section 3. The City Manager and Director of Finance are hereby authorized to make the necessary financial transactions to appropriate money within the Park Improvement Fund. ADOPTED AND APPROVED October 5, 1970. ATTEST: EX6~~ I, Stephen A. Lyon, 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 Resolution No. 29, Series of 1970 passed on October 5, 1970. l . I • • ' X )c::::a- • • ,_ • crry c~t'N~=" 1 c IJJ. r: C !L f)Q r-, .. , .,. • C UM£Nr COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO SEPTEMBER 21, 1970 REGULAR MEETING: n"r s '7o C:O u: iC /1 '.- Ct'fv o t ~ EN . . . 2 C Le:v.c D. COLO. The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 21, 1970 at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Councilman Howard R. Brown. Pledge of Allegiance was led by Boy Scout Troop No. 153. The Mayor asked for roll call. Upon the call of the roll, the fo llowing were present: Councilmen Senti, Lay , Dhority, Brown, Schwab. Absent: Councilmen Lone, Kreiling. The Mayor declared a quorum present. Also present were: Acting City Manager McDivitt, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 8, 1970 AND OF THE SPECIAL MEETING OF SEPTEMBER 14, 1970 BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Dhority, Brown, Schwab. Nays: None. Absent: Councilmen Lone, Kreiling. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized Mr. Elvin Boemhmer and son, Mike, 4253 South Logan Street, from the list of special citizen program invitees. * * * * * * Mayor Schwab recogn i z e d Mr. Rex Garrett, 5135 South Julian, who introduced Miss Harko Nika and Miss Hati Nika from Japan. * * * * * * Mr. Welton E. Wear , 3005 South Holly Place, Denver, Colorado, appea r ed before City Council reques ing reissuance of the Glass Bottle liquor license from Mr. Ginther. COUNCILMAN DHORITY MO VE D, COUNCILMAN LAY SECONDED , THAT THE LIQUOR LICENSE OF THE GLASS BOTTLE , 336 WEST HAMPDEN AVENUE, BE REISSUED TO MR. WELTON E . WEAR. Upon the c all of the roll, the vote resulted as follows : Aye s: Cou n cilmen Senti, Lay, Dhority, Brown, Schwab. Nays: Non e • Absent: Councilmen Lone, Kreiling. The Ma yor declared the motion carried. * * * * * * ' , • I. I • • , ] • • ,_ r -2- Mr. Paul Cohen, 3384 West Layton, appeared before City Council to request the revocation of the 3.2 beer license held by the Belleview Bowl and the extension of the liquor license held by the Bowl to cover the e ntire premises. Director of Finance Lyon reported that during the last two years such a request had become common among bowling alleys and had been granted to three alleys within the metro region. COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT THE CITY COUNCIL APPROVE THE ABANDONMENT OF THE 3.2 BEER LICENSE HELD BY THE BELLEVIEW BOWL AND THE EXTENSION OF THE LIQUOR LICENSE THROUGHOUT THE ENTIRE PREMISES. Councilman Lone entered the Council Chambers at 8:32 P.M. and took his seat with Council. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Dhority, Schwab. Nays: Councilman Brown. Abstain: Councilman Lone. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING ON THE PROPOSED ANNEXATION OF APPROXIMATELY 181 ACRES IN THE VICINITY OF WEST UNION AVENUE AND SOUTH SANTA FE DRIVE BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried, and the public hearing opened at 8:35 P.M. (Note: Notes necessary for verbatim transcript were taken by Ms. Camilla Stair, 530 Majestic Building, Denver, Colorado.) Listed below are the appearances in order of first appearance and the exhibits presented. Mr. Bernard V. Berardini, City Attorney. Mr . Stephen A. Lyon, Director of Finance. Exhibit No. 1 Exhibit No. 2 Exh i b~ t No. 3 Exh i bit No. 4 A notarized statement that the Englewood Herald ~s of general circulation within the proposed annexation area. Affidavit of publication of the notice of public hear~ng, the resolution of intent on the annexation, and the annexation map in the Englewood Herald for the date of August 20, 1970. Affidavit of publ~cation of the notice of public hearing, the resolution of intent on the annexation, and the annexation map in the Englewood Herald for the period from August 27 , 1970 to September 17, 1970. A letter from Mr. William J. Caskins, Jr., attorney, and a photocopy of a petition for I. I • • , Colorado. • -3- an annexation election to the City of Sheridan of land included within the City of Englewood's propos e d annexation . Mr. Wi lliam E. Myrick, attorney, 1439 Court Place, Denver, Mr. Kells Waggoner, Director of Public Works. Exhibit No. 5 Map of the proposed area for annexation. Mr. Richard L. Ott, attorney, Western Federal Savings Building. Mr. James Supinger, Director of Planning. Slide No. 1 Pictorial pres e n t ation of area to be annexed. Slide No. 2 Pictorial presentation of area to be annexed. Councilman Kreiling entered the Council Chambers at 9:00 P.M. and took his seat with Council. Girard . Slide No. 3 Exhibit No. 6 Map of area to be annexed showing various ownerships. Map showing area to be annexed with recent City annexations depicted. Mr. Norman Sample, 2900 West Tanforan. Exhibit No. 7 Exhibit No. 8 Exhibit No. 9 Exhibit No. 10 Exhibit No. 11 Annexation petition calling for election of certain properties located generally east of South Santa Fe Drive to the City of Englewood. Annexation petition calling for election for annexation of the entire unincorporated area lying west of the Englewood city limit lines and generally south of the City of Sheridan city limit lines. Official City Council copy of Resolution No. 24, Series of 1970. Map of unincorporated area within exhibit number four. Deeds of ownership of unincorporated area lying generally west of Englewood city limits and south of the City of Sheridan city limit line as received by the City of En glewood from Transamerica Title. Mr. Pete Peterson, Engl e wood Chamber of Commerce, 180 We st COUNCILMAN LAY MOVED, COUNCI LMAN LONE SECONDED, THAT THE PUBLIC HEARING BE CLOSE D. Upon the call of the roll, the vote resulted as follows : S chwab. Ayes: Councilmen S enti , Lone, Lay, Kreiling, Dhority, Brown, Nays: None. Absent: None. The Mayor decla r ed the motion ca rried, and the public hearing closed at 10:35 P.M. • I • • f X • • • ,_ ( -4- COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PROPOSED ANNEXATION BE TABLED. Upon the call of the roll, the vote resulted as follows: Schwab. Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Mayor Schwab called for a recess at 10:36 P.M. Council recon- vened at 10:56 P.M. Upon the call of the roll, the following were present: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Absent: None. The Mayor declared a quorum present. * * * * * * The minutes of the Board of Adjustment and Appeals special meeting of September 1, 1970 were received for the record. * * * * * * The minutes of the Library Board meeting of September 8, 1970 were received for the record. * * * * * * The minutes of the Parks and Recreation Commission meeting of September 9, 1970 with two recommendations attached were received for the record. Mr. E. P . Romans, Director of Parks and Recreation, appeared before City Council in regard to the first recommendation that the softball field at Centennial Park be named Spencer Field after J. Galen Spencer. City Council discussed the recommendation with Mr. Romans. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE RECOM- MENDATION ON THE NAMING OF THE SOFTBALL FIELD AT CENTENNIAL PARK BE RECEIVED AND THAT THE ACTING CITY MANAGER BRING THIS RECOMMENDATION TO THE CITY COUNCIL'S ATTENTION AT A FORTHCOMING STUDY SESSION. Upon the call of the roll, the vote resulted as follows: Schwab. Ayes: Counc1lmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Nays: None. Absent: None • The Mayor declared the motion carried. The second recommendation that the Groussman building project be abandoned with the understanding that the need for this type of recreation facility be recognized in the future planning of the City was discussed by City Council. • ). I • • f • • -5- COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE RECOMMENDATION OF THE ABANDONMENT OF THE GROUSSMAN BUILDING PROJECT FOR A RECREATION FACILITY BE RECEIVED AND APPROVED BY THE CITY COUNCIL AND THAT THE CITY NOTIFY THE STATE HIGHWAY DEPARTMENT OF ITS WISHES TO ABANDON THE PROJECT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab . ~T Nays: None. Absent: None . The Mayor declared the motion carried. * * * * * * The minutes of the Board of Career Service Commissioners meet- ing of September 17, 1970 with a recommendation attached were received for the record. City Council discussed the recommendation that the pay grade for the classification of storekeeper be increased from Grade 15 to Grade 17. COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT THE RECOMMENDATION OF THE BOARD OF CAREER SERVICE COMMISSIONERS BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab . Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * The minutes of the Planning and Zoning Commission meeting of September 9, 1970 with a memorandum attached were received for the record. The recommendation of the Planning and Zoning Commission that West Jefferson Avenue between South Broadway and South Acoma bear two-way traffic with a right turn only onto Broadway permitted and left turns from South Broadway to West Jefferson be prohibited was discussed by City Council. COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI SECONDED, THAT THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None . Absent: None . The Mayor declared the mot~on carried . * * * * * * A brochure from the Urban Drainage and Flood Control District wa s received for the record . * * * * * * • ·. , I • • f • • • -6- City Attorney Berardini stated that a report on the height waiver for a structure to be built at the northwest corner of West Ithaca Avenue and South Delawar e would be presented at a future City Council meeting. * * * * * * City Attorney Berardini stated that a decision on the proceeds of the condemnation of the Atchison Ranch property in which the city of Englewood has an interest would be forthcoming. * * * * * * Acting City Manag e r McDivitt presented a memorandum from City Manager Dial reques ting a supplemental appropriation to the Finance and Record budget . RESOLUTION NO. 27, SERIES OF 1970 A RESOLUTION TRANSFERRING FUNDS FROM THE PUBLIC WORKS DEPARTMENT TO THE FINANCE DEPARTMENT. (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT RESOLUTION NO. 27, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Schwab. Ayes : Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Nays: None. Absent: None. The Mayor declared the motion carried . * * * * * * It was the consensus of City Council that a memorandum from the City Manager requesting an amendment to the ordinance exempting certain items for purchase from bidding procedures be tabled until the next City Council meeting. * * * * * * A memorandum from Mr . Kells Waggoner, Director of Public Works, explaining the expenditures for the signal installation at West Dartmouth Avenue and South Santa Fe Drive was received for the record and discussed with Mr. Waggoner . * * * * * * A memorandum from Mr. Kells Waggoner, Director of Public Works, explaining the ex penditures for the school signal installation program was rece~v ed for he record and discussed with Mr. Wag goner . * * * * * * A letter f rom Mr. Don Marshall, architect, outlining general specifications for a proposed an1mal shelter was received. Ac ing C~Ly Manager McDivitt stated that Chief of Police Clasby's estimated cost for the proposed animal shelter was $13,600 and that Mr . Marshall had i ndi cated $28,800 . * * * * * * I • • ' 1- • c -7- Acting City Manager McDivitt stated that the proposed s1gnals to be located on South Broadway at the e ntrance to the GEM store were being abandoned due to th e fa c t that the City of Littleton would not par ticipate in 25 p er cent of th e c osts . * * * * * * Acting City Manager McDivitt presented a copy of the bus line application for Federal aid . * * * -1-* * Acting City Manager Mc Divitt presented copies of the August fina n ci al report to members of City Council. * * * * * * City Council discussed the appointment of an auditor for 1970 . COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT THE FIRM OF WALTER E. HEIDER AND COMPANY BE APPOINTED AS THE 1970 AUDITORS AT AN ESTIMATED COST NOT TO EXCEED $7,200 AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO h~ECUTE THE CONTRACT DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Schwab. Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Council established a study session to be held at 7 :30 P.M., September 28, 1970, in Conference Room A. * * * * * * City Council discussed the possib ility of a study session on the proposed annexation. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Schwab . Ayes: Councilme n Senti, Lone, Lay, Kreiling, Dhority, Brown, Nays: None. Absent: None. The Mayor declared the motion carried, and the meeting adjourned at 11:4 8 P.M . .. , ). I • • , • -• • .. C t"Ty 0 f:" f:" Co r, ,,....t c I-" ' ,,_ ' ...... l. , o-_,, 1 n .-.--E::rv .,. "SPECIAL CITIZEN PROGRAM INVITEES, October ~~•· 1970 1 ) 'JQ err.., · ·c,l f: -r, • t:.·f\cl.t::v ~ ,. , •ceo · -£:: . c oto. ~ct No. -Mr. and Mr s . H. c. Mo s barger, 2250 West Wesley Avenue Precinct No . 2 -Mr. and Mr s . Frank B. Brown, 3281 South Cherokee Street Precinct No. 3 -Mr. and Mrs . Gilbert J. M Gough, 3153 South Pearl Street Precinct No 4 -Mr. and Mrs. Loui s K. Stephen s , 3953 South Elati Street ~cinct No . 5 -Mr. ~ Merlyn D. Beaver, 713 East Amherst Place Precinct No . 6 -Mr. and Mr s . Howard T. Olsen, 3098 South Downing Street Precinct No. 7 -Mr. and Mr. c. w. Wahl, 3255 South Race Street Precinct No. 8 -Mr. and Mrs. Alfons Horri s, 3403 South Logan Street Precinct No. 9 -Hr. and Mrs. Roger Miller, 3897 South Logan Street Precinct No . 10 -Mr. and Mrs. Stanley L. Munyon, 4135 South Cherokee Street ;znct No. ll -Hr. and Mrs. B. J. Randolph, 4280 South Pearl Street ec1nct No . 12 -Hr. and Mrs. Herschel H. Rominger, 4600 South Galapago Street Precinct No. l3 -Mr. and Mrs. Wayne Bush, 3268 West Tufts Avenue Precinct No. 14 -Mr. and Mr s . Harold A. Bi s hop, 4962 South Galapago Street Precinct No. 15 -Mr. and Mr s . Ronald T . Tolin, 4788 South Huron Street Precinct No. 16 -Dr. and Mr s . Vernon w. Waters, 5080 South Washington Street ; I • • (I ' . , ·' ' r ' " -• • • O #NVER OFFICE : 1601 EMERSON STREET. DENVER , COLORADO 80218.303/222·6127 ALAN M . VOORHEES lie ASSOCIATES . INC. TRANSPORTATION & PLANNING CONSULTANTS ALAN M . VOORHE E S WALTER G . HANSEN CHARLES F . BARNES JR . THOMAS B . OEEN DAVID W . SCHOPPERT ROBERT L . MORRIS MARTIN J . BOUMAN GEORGE L . CRAWFORD RICHARD A . WALBRECKER Mr. Stanley Dial, City Manager City of Englewood 3400 South Elati Englewood, Colora do 80110 Dear Mr. Dial: In accord with our agreement da ted July 28, 1970, we are pleased to submit our report on immediate traffic improvements to am e liorate some of Englewood's most pressing traffic and circulation problems in the vicinity of Cinderella City and the adjacent c ent r a l bu sin ess di s trict. This report follow s our mee ting with you on September 10, 1970 and supercedes the preliminary report given to you on that date. The findings of our investigations are contained in three part s . The first part is concerned with the traffic problems associated with acces s to the Cinderalla City sho_pping center; the second part is concerned with traffic problems in the central area of Englewood; and the third part involves traffic problems along the eastern portion of U.S. 285. Background The City of Englewood ha s long been an important regional sub-center within the greater Denv e r region. Today it contains the confluence of major north- south (Santa Fe Drive, Broadway) and east-west (Hampden Avenue) travel routes in the southern portion of the region, and its role a s a major regional sub-center has been s trengthe n e d by the addition of the Cinderella City Shopping Center to the central bu s ine ss di strict . The concentration of ma j or highwa y s coupled with the great increase in employ- ment and shopping ac tivity in downtown Englewood h as caused many of the traffic problems in the area to be intensified. City officia l s have identified three major problem areas in central Englewood: (1) acce ss to Cindere ll a City Shopping Center from Hampden Avenue (US 285); (2) genera l traffic flow in the older part of the CBD bounded by Floyd, Sherman, US 285 and Cherokee : and (3) traffic flow along US 285 between South Logan and South Franklin. WASHINGTON . 0 C IT LO U I S LO S ANG EL£5 TORONTO D ENVER SE ATTL E BUrFALO CARAC A S DALLAS MELBOURN[ OR LANDO ATLANT A SAN DIEGO LONDON HONO LULU I • • , X - Mr. Stanley Dial Sept ember 24, 197 0 page 2 Scope of Study • • • The purpose of this study is to recommen d s hort range, inexpensive traffic engineering solution s for as many of the above mention ed problems as are deemed de si rable or feasible. The st udy recogni zes from the out set that some of the problems can only be remedied properly through new construction of additional facilities. It is felt, ho we ver, that some incremental improvements and benefit s can be realized through muc h more modest appro ache s . Study Procedure Meeting s -During the s tudy period, meetings were held with ngl ewoo d city official s , Colorado Hi ghw ay De pa rtment engineers a nd private pa rties. Engle- wood officials contacted included City ~lan age r Stanley Dial, City Engineer Kells Waggon er , Assistant City Engine er Gene Sagrillo, Traffic Engineer Brook s Taylor, and Assistant Planning Directo r Dorothy Ro mans . In the Colorado Divi- sion of Highways , a meeting was held ~ith Department Traffic Engineer Allen Pepper and District Traffic Engineer Bill Tucker. Other s met with or contacted in- cluded Bob Owens , Ch a irma n of the Traffic Committee of the Downto•m Englewood Merch a nts; Frank Pierce , Ken Palmer and Al !Javy representing Cinderella City merchants ; and Tom Kri topeit , consultant for Cinderella City. Ex amination of Data -No fiel d counts were t aken as a part of thi s s tudy. However, some recent traffic counts along Hampden Avenue were made avail- able by Englewood's traffic engineer who also s upplied an updated map of Englewood traffic signals and the time -space diagram for US 285. The high- way department supplied maps of 1969 traffic volumes. A draft report of internal circulation i mprovements recommended for Cinderella City was supplied by To m Kri stopeit . Field Reconnaissance -Field inspection vi~it~ of the ~~v~r~l traffic ~ro~le~ area s at various times of da y were made during the course of the study. Findings Acce ss to Cinderella City -The overwhelming majority of cars headed to Cinderella City u se Hampden Aven ue (US 2 5) as the fin al point of access to the center. The principal traffic problem is ca u sed by eastbound traffic on Hampden which must turn left across the pat h of westbound traffic to reach the center. This traffic also includes shopping ce nter-destined traffic frotn the north and the south which uses Santa Fe Drive as the major access route to Ha mpden Avenue. At the present .... time the se left turn s t ake pla ce at four intersections, three of which are signalized . The turns take place from painte d left -turn storage l anes , one-half block (about 120-130 feet)long, during the gap s in the oncoming traffic. There are no left turn arrows (or l eft turn signal ph ases) protecting these turns. During the normal evening ru s h period, between 1000 and 1200 cars per hour make these left turns. Du ring pe ak tr a ffic a nd shopping peri ods this figure is more than doubled. An additi ona l traffic haza rd inherent in these turns i s the f ac t that eastbound, left turning tra ffic that enters Hampden Avenue from Santa Fe has to weave across two Janes of e as tbound tr ffic in order to make this left :urn. • .• \ ! 'r I • • f 2 - ~-·. --------.~ ---- ' September 24, 1970 page 3 . . • • • Compounding the general problem of access is the lack of an easily understood internal circulation sy s tem within Cinderella City itself. Left turns are not evenly distributed among the four intersections (most occur at Galapago), and there is often confusion and hesitation on the part of drivers at these entrance points. (The consultant to Cinderella City, Tom Kristopeit, has recommended several changes which are considered to be positive improvements. These are supported later on in the Recommendations portion of this report.) Traffic Problems in Central Englewood -The basic traffic problems in central Englewood are the circuity of travel caused by the partial one-way street system and the impedancies to free flow of traffic caused by a number of left turning movements, Sherman and Bannock Streets operate as a one-way pair between Quincy and Yale Avenues and Girard Avenue is one-way eastbound between Elati and Logan Streets. U.S. 285 East of Cherokee -Traffic problems along U.S. 285 are caused by the very heavy traffic volumes along this arterial (nearly 30,000 vehicles per day) and the many north-south cross streets that intersect with it at grade, ' · . I • ·. I ! . , ...... ~--------------------~Li'~---------- ' ' • 0 f X • 0 ·. • RE COMNE DATIONS A. Cindere ll a City Access • At the out se t, lt s ho~ld be re a li ze d that there i s no magical so lution to the traffic problems at Cinderella City. Simil ar ly, it would be a wa s te of money to attempt to so lve all the traffic probl ems that occur prima rily at peak pe riods . The recommend a tions tha t follow are short range "immediate action" i mprovements that should i mprove the traf fic situation , not s olve it. It should a l so b e pointed out that i mproveme nt s in interna l circul a tion within the center wi ll be a major help in cleaning up congestion on the externa l s treets, There are two fund a mental cour s es of action that shoul d be taken to relieve the probl em of ext e rn a l access to Cinderella City: 1. Increase th e ca pac ity and safety of turns into the center from us 28 5, 2. Decre ase the pe r centage of left turning vehicle s by developing improved secondar y access route s from Sa nt a Fe Drive, Three basic met hods of incre as ing the turning capacity from US 28 5 we re explo re d an d are ill u s trate d in Fig ur es 1, 2 1 3a a nd 3b . These a re: (l) Pl a n A, "jug ha ndle" turn lanes fro m US 28 5 a t Ga l a pago and Inc a ; (2) Plan B, right turn s a round the block with ma jor northboun d e ntr a ~ces at Galapago and In ca ; a nd (3) Pl a n C, i mproved an d "protec ted" left turns directly from Ham pd e n, All of the s e method s f a ll short of what might be considered the best long range solution --the relocation of U.S. 285 as a freeway south of the present route, Plan A is probably the be s t scheme traffic wise, but it ha s been rejected bec a us e of the major co s t s involved in ma king it operationa l. Plan B offer s definite po ss ibilitie s for major improvements but it is not recom- mended for s everal reason s : 1. It introdu ces much greater circuity of travel and hence greater driver resi s t a nce, 2. The greater r eq uir eme nt s for "green time" on the cros s s treet s of Galapago an d Inca would t e nd to di s rupt the orderly progre ss ion of traffic on US 285 , 3. The grea t er emphasis on ju s t two entrances to Cinderella City c ould c ompound the problems of i nt erna l ci rcul ation within the center, 4 . Hi gher costs ~ould be involved in changing the l a ne configura tion, providing additional ~ignal h ea d s for the right turn lane s and po st ing "no l eft turn" sign s . The re c ommen ded course of ac tion is Pl an C-1. (It i s furthe r illu s tra t e d in the l a rge sca le dr aw ing.) Th is pl a n is recommended becau se it i s the l east expensive , it r etain s the g r ea t est amou nt of acce ss flexibility, a nd it e s t ablis hes "preferre d" en tra nces a nd exits for both eas tbound a nd we s t- bound tra ffic a t the most logica l poi n ts . More significa ntly, thi s pl a n is ....... I • • . , , l - 1-- • • • RECOHHE NDATIONS in accord with the suggeste d cha nges in access and internal cir- culation being ~o n s id~red by the Cinderella City owner s (See Figure 4). Features of Plan C-1 include: 1. All six inter sections along US 285 which provide access to Cinderella City become two way; 2. Penneys ret a ins exclu s ive use of ramp·s to lower level TBA; 3. Inca and Huron access point s empha s i z ed for traffic to and from the west; Galapago and Fox access point s emphasized for traffic to and from the east; 4. (a) "Lagging green" signalization at Galapago, Huron and Inca to permit greater left turn capacity at the s e three inter section s ; (b) Two blocks of left turn s torage between Jason and Huron; (c) We stbound left turn s prohibited at Inca and Jason (but permitted at Elati, Fox, Gal a pago a nd Huron) The immediate co sts to the city in this pl~n are the co s ts of signal retiming to achieve the lagging g reen time at Huron and Inca (at least 15 second s are available for thi s movement without di s rupting the signal progression on US 285) and some minor pa inting and s igning. Plans C-2 and C-3 (also attached) s hould be considered as alternatives to Plan C-1. Their greate s t advantages are that they provide more access capacity to Cinderella City and they recognize the popularity of the Gafapago entrance . Their di sa dv a nta ge s are that they are more costly and they would require approval by J. C. Penney because of the modifications required at the Penney's TBA lower level. The features of Plan C-2 are indicated below: 1. Penney's TBA r am ps converted to joint use (so that there will be two lane s down and two l a ne s up); 2. Gala pagu widened and i mproved as the most important s ingle entrance to Cinderella City; 3. Huron kept one-way out from ma ll level; 4. (a) Lagging green signa li za tion at Inca and Galapago to permit greater left turn capacity (for traffic from the we st ) at tho se two intersection s ; (b) Full block left turn storage between J aso n and Inca and between Hu ro n a nd Ga l a pago ; I • • , X -• • • '· RECONN ENDATlONS (c) We s tbound left turn s prohibited at Huron and Jason, Plan C-3 i s a further modification of C-2. It involves alternative cha nges at the Galapa go inter s ection 2nd to the Penney's TBA ramps. These changes are: 1. Penney's TBA ramp converted to partial public use. The western- most lane would be an exclusive down ramp leading from the upper level to the lower level TBA. The eastern lane of Penney's TBA ramp would be used jointly by Penney's customers and the public for right turn only (we s tbound) turn s on U.S. 285, 2, The existing ramp to covered parking would be converted to two- way opera tion with the up-lane for the exclusive use of southbound (on Galapa go) a nd ea s tbound (on U.S. 285) traffic, (Plan C-2 i s cons idered s uperior to C-3 becau s e of the greater entrance capacity a fford ed and becau s e of the more conventional traff ic patte rn. Plan C-3 is favored by the Cinderella City management,) It is recomme nd e d tha t the initiation of "l aggi ng green" left turns at Inca, Huron a nd Ga l a pa go be ha ndled in two s t ages . Stage 1 could be s t a rted immediately. lt simp ly involves programming a lagging green phase inlo the signal control s at Inca and Ga l a pago, pro- hibiting we s tbound left turn s at Ja s on, and painting a full block for left tu rn s torage betwee n Ja son and Inca, Stage II would complete the a ddition of new f a cilities and construction re- quired for Plan C-1 (or C-2 or C-3), ln thi s stage , it i s recommended that new s igna l he a d s be hung for the left turn lane s at Inca, Huron and Galapago. These s ignal he ads would have the left turn arrow indication, It is further recommen ded that the left turn s be actuated (by means of a long loop detector), The additiona l signa l head s would allow a protected, permissi ve left turn (i.e,, a full green followed by a green arrow at the end for the "lagging" move ment). The arrow is needed to obtain full efficiency from the lagging green pha se ; the motorist would then know that he ha s a protected interval . A pl an and movement di ag r am illustrating thi s recommend a tion is given in Figur e 5, To i mprove s econdary access route s to Cinderella from Santa Fe Drive the followin g are recomme nded actions: l. De s ign a te Kenyon Street as an alternative route to Cinderella City for northbound traffic. (See Figure 6): (a) In s tall a standard "Public Parking" sign 500 feet south of Kenyon intersection; (b) Pa ve a twelve foot wide decelerati on and right turn lane 300 feel south of Kenyon inter sec tion; (c) At Huron an d Kenyon, ins tall sign re a ding "Mall Parking" with a left turn a rrow on it; ' , I • • . , ' X J- • 0 • (d) At Galapago and Kenyon in stall a sign reading "Covered Parking " and left turn arrow. 2. De signate Dartmouth as an alternative route to Cinderella City an d Englewood CBD for s outhbound traffic (See Figure 7): (a) Lengthen the so uthbound left turn storage pocket on Santa Fe by extending it 100 feet northwa rd (this is the maximum amount without effecting access to propertie s we s t of Santa Fe Drive), (b) Ins t a ll standard "Public Pa rking" si gn with left turn arrow at the northern tip of left turn i s land; (c) Increa se left turn ph as e four second s ; (d) Pave the s houlder on the north si de of Dartmo uth and stri pe for an exclu s ive right turn l ane (or straight ahead and right turn); (e) Ins tall "Public Parking" sign with right turning arrow at Fox Street; (f) Ins tall tra ffic s igna l at West Floyd Avenu e a nd Fox Street (to favor Floyd Av enue), The signal at Fox would allow traf fic to enter shopping center parking facilitie s at either Fox Street or at the more significa nt entrance between Fox and Ga l a pngo. (Fox Street could be a more workable entra nce if traffic were cha nneli ze d to the left and prevented from turning right once in the center.) The expected diver sion of traffic from Ham pden Avenue by the provi si on of the se two alternate access routes i s very difficult to estimate. If, during the Christmas ru s h, 10 perc ent of the southbound tr~ffic and 20 percent vf the northbound traffic can be diverted, the efforts involved in making these routes more attractive will have been well worthwhile. Traffic volume s of the se magnitudes will reduce some congestion on U.S. 285, but will not requ ire furth er s igna li za tion of the alternate routes. B. Central Engl wood Severa l alternative courses of action were investigated for improving traffic operations in the central portion of Englewood . These include d (a) aboli s hing all one-way s treet s (Bannock, Sherma n a nd Girard); (b) ending Girard Avenue's statu s as a on e -1ay eastbound s treet between Flati and Logan; (C) ree stablish- ing Ham pden and Gir a rd as a one-wa y r ciprocal pair; (d) extending the one- wa y statu of Sherman and Bannock Streets throughout the city; and (e) modi - fication s to th e tra ffic signa l s y s tem in downto"'" Englewood including in- stallation of exclusive l eft -tu rn arrow signa l s . One -W a y Streets -After di s cussions with city official s , State Highway De par t ment tra ffic engineer s a nd loca l citi zen ., and after field inv s tig - tion s of tra ffic conditions , it was clear that there i s not s ufficient ·' I ! ,. I • • , l- • 0 • evidence to either prai s e or condemn the pre sent one-way s tree t s y s t em . For examp l e , there are no counts ava ilable on Bannock and Sherman to i ndicate the tr affic volume experience s ince one-way opera tion s were in s tituted. Con- tinued one-way oper ation of Girard is que st iona ble becau se of Hamp den Avenue having been returned to two-way operation. It is recommend e d that no changes be made in the pre sent one-way st reet system a t this time. These st reet s s hould be evalua ted as pa rt of the pro- posed comprehensive transportation s tudy under TOPICS . Any recomme nd a tion s for cha nge would then ha ve ha d the proper engineering backup to ju s tify a change. Traffic Signa l s -It i s also recomme nded that no ·changes be made in the central area traffic signa l system --other than those required as a part of the diamond interchange r amps between Bro a dw a y and u.s. 285. Again, one aspect of the propo se d tran s portation s tudy s hould be to develop an upd a ted traffic signalization program for the entire city. The interchange between Broadway and U.S. 285 will provide a number of traffic benefit s to do1-mto wn Engle1vood. Access to downtmm from both the east and the we s t, vi a U.S. 285, will be significantly improved by this intercha nge. Becau se left turns will be permitted at the signalized ramp s on Bro a dw a y, left turns at Broadway an d Ham pden s hould be reduced. Further- more this interchange should reduce some of the left turn movement s at U.S. 28 5 and Log a n. C. U.S. 285 Eas t of Cinderella City Traffic signa l modifications, e s pecially the installation of left-turn arrow s at the inter sec tion s of U.S. 285 and Sherman, Logan and Clarkson, were investigated, Of these three, the most heavily used intersection is the one between U.S. 285 and Logan. It is recommended that there be no modifications to the signals at any of these three inter sect ions at thi s time. Peak hour movements were observed at the inter sec tion of Logau and u.s . 285 (5 P:-: -6 r:-1, Friday, July 31, 1970 and on Wedne s d a y, September 9, 1970) and at no time was left-turning traffic backe d up b eyond the storage lane provided. Left turns were made with comparative ease a nd little delay between gaps in the on-coming traffic or at the very end of the through traffic phase. It is our opinion that "left turn on green arrow only" s ignals are not warranted at thi s time and there i s n ot s uff icient time in the progre ss ive signal timing program to permit either a lea ding green or a lagging green pha se . To improve traffic safety a long U.S . 285, it is recommended th at the left turn s torage lane at Loga n and U.S . 2 5 for westbound to southbound left turns be lengthened to the full block between Logan and Pennsylvania. This will ne cessi tat e the prohibition of left turns from eastbound on U.S. 285 to northbound on Penn s ylvania. A serious traffic ha?ard was obser ved along U.S . 285 nea r South Lafayette wh ere we s tbound U.S. 285 traffic is permitted to exit to Hampden Avenu e . The turn into Hampden i s muc h too shar p for safe operation s . It is reco- mmend e d th a t s uffi cient right-of-way be acqui red north of U.S. 285 to permit a 200 ft. deceleration Jane a nd a greater turn radiu s into Ham pd e n Avenue. * * * ' ,._ ·. ·' --------------1~~ I • • , - Mr. Sta n ley Dial Septembe r 24, 1970 page 4 ' '· • • • It has been a pleasure to have ha d the opportunity to preform these studies for you and we trust they will be of value. If we can be of further service, I hope you will call on us. Very truly yours, fo-/?41. Robert E. Leigh, P.E. Regional Manager REL:pb ' "~ • . I • • 0 ·. .• , ·. , - ]~ • • • . . c-·~~~==·'='o=~ ~J --,~=~-=,=~==J Ji,q f.hn~ll<>s • ~~== a-1--baiCJjla~IJ ·~-~J Elo.+; [ -=·==·c:..-:-..:zz--..:--;-1 =·"·"-'==~-n'-"''···j \-o'( =rr=o 1 c·---"-==~...o:·.:.:-,<:::::_-,._ .,.._ :~ ' ,,...:..~.=-=·-~-::::-.-.r:.:-::::...-.!:::":.:·==---~·:-::-·J . •\ap "j u c::=..:::-:::-) ·-~""""-·=--~-<=~· .. ·]. r .:.:-:::::.-z .. .:--::-:-:-:::"-~:::-... -"'!::-. :::-_::.:-:.·~:-" • .L--:- ~~,~] < [=~~=~: .. -~] ·.. Tnc.tt ..~:.t ::z::: • -·"'r'-"'L:...~t: ... .t....J.:!"..==. • ,.--. C.~:.':':!.] ~.) c=-.=:.~~..,=-=~~"'C-=--.!-~·-·;:::-,;."""== -·-==' :fa~'\ ~-l r~== -~.,~,~,.,~ ' , .. • . . . . I . , . • 0 - £9AI ..J?,rps t:trP un~! fhe • • • ' . .. I . • 0 . . , • ·' \ I •, ' I , ____________ _h'~---- • ]- • ·, • • r • ] P~AAI C-/ I . • 0 ' .. , f xl ----'------=--- • -•. • • . . • I . • 0 !__._h...-, X I • • • . PI.AN C-1 , . - . l\,~\\ I . • 0 . , . ' X 1- I ~ • • • 1 .,__ _____ ~-- .----- ,.. ___ _.._...,._~ .... MOV£-IviEN TS .OIA6RAMS A R ~ 6 6 t----+--3-~G::_~6~_::.R_~R-.. ~---------.--T ; : ~ ~ ; ~ ~--;_=::-- "' R R R R R ! ~--e __ j ____ .;.:.;~~~;~~~~~~~~~!~~~-=-.. : __ -,L.I __ -_-_-_-.>.~,~---;T __ _ A -LA& _, I/A/tAP/JE1V a.J. INC A , I • . , .• I { I , ---·-------------~L!~~----~ • • . ' l-• . • -< . . '· I . • 0 . , ' ·' \ ! ' ' ,. ]- po0~'C "IJ~ t: ~~j~ ~ • • • .! f· i r r =' I IJ - ( ~ . ' . ' .. ·' ~ I '----~~~--U1' . . . I . f • 0 • • September 30, 1970 Board of County Commissioners Arapahoe County Court House Littleton, Colorado 0120 Gentlemen: • 0 - RE: 1971 REQUESTS TO THE STATE HIGHWAY DEPARTMENT We would like to recommend that the following requests be forwarded to the Colorado State Highway Department: CONSTRUCTION: (1) Widen and overlay South Broadway (SH 87) from U.S. 285 to Quincy Avenue to conform to the width of South Broadway south of Quincy Avenue. This will allow for left turn pockets and bus turnouts. (2) Repeat the request for South Clarkson Street from State Highway 70 to State Highway 87 to be added to the State Highway system and be improved with paving, necessary signalization, etc. (3) Landscaping and beautification of the Interchange at U. S. 285 and South Broadway. (4) Install storm sewer at South Federal Boulevard (SH 75) and West Union Avenue to prevent flooding of the Intersection and thereby eliminating an inconvenience and Increasing capacity and safety • TOPICS: (1) Widen portions of South Broadway from Yale Avenue to Floyd Avenue to provide for bus turnouts and left turn pockets, thereby increasing capacity and safety by maintaining two through lanes in each direction. (2) Improvements to South Santa Fe Drive and West Union Avenue intersection. This would include con- struction and signalization and would extend West Union Avenue across South Santa Fe Drive and then tie into West Tufts Avenue (only if City will furnish right-of-way). (Continued) ,._ , I • • ·' \ ! I ' '! - • • 0 • Board of County Commissioners September 30, 1970 Page 2 TOPICS: (Continued) (3) Replace existing controllers and signal heads for more efficient operation at: East Dartmouth Avenue and South Downing Street East Hampden Avenue and South Downing Street East Quincy Avenue and South Logan Street West Oxford Avenue and South Bannock Street (4) Pedestrian overpass at: . S. 2 5 and South Logan or South Sherman Streets U. S. 2 5 and South Elati Street PLANNING AND ENGINEERING: Undertake a planning and engineering study designed to increase the traffic capacity and turning movements along Belleview Avenue from South Clark- son Street to South Santa Fe Drive. We would sincerely appreciate the inclusion of these requests in your annual recommendations to the State Highway Department. Cordially yours, ~L ;l:b>~ ST:~L City Manager SHD /ij CC: Mr. Kells Waggoner, Director of Public Works Mr. J. L. Supinger, Planning Director Members of the Englewood City Council . ' \ ! .,. I • • f ] • • CI'l'Y 01" ER>Ll!:WOOD I COLORADO BOARD 01" ADJOsTMErrf AND APPFJUS ~ R!:doiAR IIBE'l'mO SEPTEMBER 9, 1970 Chairman Wetteratraa oalled the meeting to order at 8:00 P . 11 . MBMBEBS PRBSE111'1': Wetterstrom, Kezen, Rhodus, Bevie r MEMBERS ADB!nft': Leonard r ·r s '7 0 cour,'-'L , wa . F . Brokate, Chief i!Jh~cl.~~gf1 ~-- u, COLO. OTHER OFPICIAIS PRESBm': A. M. Coren, Atty. for Nelson Jonet 1510 Baat ~·· 112· 71•70 The applicant is requesting peraiasion to erect Ul additi.oft of 715 .cz. ft . resulting in an overlot coveraqe of 1246 sq. ft. IIDd to have a ... 6 ft. 9 inch north property line. 'thia is an a-1-A .me. '!he property has been properly posted and a dvertiaed for publia hear!Dg tonite. Atty. Coren Bankers union Life Bldg. 2401 East 2nd Avenue Denver, «:olo. -stated he 1a represeating u. and Jlra • ....,... •• '!'hey have several young children IIDd they are 1D DM4 of ..-. &'Oaa. They h;ad a bouse with a basement .ncl purGbaaed thia boaae Naau8e of health problGlB without a ba.s ... nt. tb.y do have . petitiODB repruat- inq ten properties in the ilaec:Uate area aaying t)My 'haft ao objeatioe to the proposed addition. ·• Coren-JIO tbJ.s wouldn't be a traffia hazard •• -~ puabaMd t:M property 2's year• ago aDd have two ~1 c:hildnD. ~ aar .. have several propertiea that are oaly ten feet fraa the pro.perty 11De. ~ere was an arc:biteatural conuol oc.Dittee of Jlr. IIIIWkeu, tJae developer, J:Nt aince lk. IIIIVkeu baa 110ved, thue 1a a f!E'C"PlaJ.OD tat the property ownera uaoc:iatioll elect a o.w oae. '!bare is DO ~ owner• aaaoaiation, therefore, DO ODe baa beaD elected by tbea. Jane .Middlebrook 1520 BUt CorDell An. -atatea abe dCJD tba petitiaD bat after t:be posting sign vu up abe checked the area and is DOW apSMt itp She atatea 11r. Bawlc.eDS ll&de thia a uniqQe devel...,...t • ..-~ ... placed on the FOPBrt~ f~ spacincJ arauad tM ~. fter an • od9iaal owner in t:be area aD4 bail4ing this a4ditiaD cloea tab _, the 8P•alat and cut into ~ parkway efta« ut.ebU.aMcl by t:M cleftlapa' • .. tar r.oc.a U u ... t Coraell Pt.e -....._ a:c. • 11 .. left .._ ua 1la ~ llr'. :r.oc-~ t.Ue ower tJaa anlliteatu-&1 ~~ ~. • •tat. M at.artad to set thia up by MDdiD9 flyen to all tJae pcopeny cr-' · h• did DOt follow through OD lt. 8at ..-Miat .. • anhito- puttiag tbJ.s additic:IG CD this pzoperty it 1IIIM1d t. aattJ.- opa •• o f the developlelat. I . • ·' I l 0 f 'r - • • Dr. Robertson 3001 SOuth Pranklin Bas lived -..-~:.:~ for 11 years-states this 1a a unique area and cornell Avenue ia a vista in the area and shou.ld be kept aa is . Clayton-'the Board has been under the iapression that there was in exiatenc<a an aA:chitectural control CODilittae. 'l'hi.s 1a a unique area it doe. have undersized lota and overlot coverage. :t suggest the property owners get together and form a ~ttee . Clayton moved, Meze:n seconded, Due to the objection of adjacent and near property owners and the condition exiated at the time of purc:haae, the variance be denied. Ayess Bevi er, Wootten, Mezen, Clayton, Rhodus, Wetterstrom Bays : l!lone Absent& Leonard Charles Cameron Cf!! 10• lit-70 4595 South Lipan Ct. ~ applicant is requesting pel:'1ai8sion for a 6 ft. solid fence behind hia houae along TUfts Avenue. 'there is not a traffic hazard as then ia no street to the west of the property. Be does have a large lot. Clayton moved, wootteA seconded, the variance for the fence be granted. Ayes' Bevier , Wootten, Mezen, Clayton, lthodus, Wetterstroa Hays: Hone Ahsenta Leonard --------- ltichael Potter Cee 110· 73-70 4700 South Ac:c.a '1'ba applicant is requesting permission to have a 42 inch solid feDCe be bind his house along onion Avenue. His property ia behind Prank' • pizza parldng lot. '!'he fence will be 12 ft. behind the walk. IIDd would not be a traffi c hazard. Rhodus IIIDV8d, Mezen secooded, the 42• solid fence be granted . Ayes a Bevier, Wootten, Mezen , Clayton, Rbo<hls, Wetterst:n. Baysa 110M Abient a Leonard pev!Y Jliller 4730 South Logan 'fhe applicant 1a requestiftg peraiasioo to erect a 6 ft. solid face al.oDg the north property liM to protect hia patio. '!'he adjacent house ia toward the rear of the lot so the fence would be bet1111een the residences . Be did ela trees aa a bed9e and the nei9hbors c:o.plained about th- so he baa r..oved tb-. Oliver Bolberq 4720 South Logan -Is the nei9hbor to the north-states they have a fence there and if the fence 1111ere to be installed there would be ela trees grovin9 up bebMen the fences within a 2 or 3 ft. space and would be ~ssible to cl•an out. I . • \ ( ' '! , 2 - • • Mr. Miller wa. told he could .o._ in 3 ft. frQIII the property line and build h1a fence. Mr . Miller withdrew his application and will apply for a fence perait to go 3 ft . inside his property iine . ___ ..._. ------- Ernest Hofer cue 110. 75-70 1327 West Tl~fts The a;;tplicant is requesting pellllisaion to keep six chickens. His wife BAS MUL'l'lPLB SCLEROSIS h as multiple sclerosis and is on a special diet and needs eggs from controlled fed ch~ekena . This is a secluded area with the closest neighbor about ~0 ft . away. Mr . Hofer presented the following letter . September B. 1970 City of Englewood Building Department Attention Mr . Macrander REa GiaeJe Hofer Mrs. Hofer is a vegetArian and ia heavily deplndent upon eggs for her protein supplement in this diet. She finds tlat she cannot tolerate eggs that are of any age. therefore. finda it ~1 eceaaary to keep her own chiekGns to get fresh eggs for her diet. I feel it is to the interest of her health that Hhe be allotNd to keep her chickens ao that abe may have this adequate t•upplment to her nutrition. Sincerely yours Bdward c. Duerksen. M. D. South Clarkson Medical Building 3601 South Clarkson Englewood. Colorado Clayton JDOved. Rhodus seconded. the Public Bearing be closed anc! t.~e Board to announce their decision at the r-oar~ ... ting of September 28. 1970. Ayes& Rays& Abaentt Bevier. Wootten. Mezen. Clayton. Rhodus. Wetterstr'-"11 llone Leonard Bpeon C01111pany for /CODtennial &ational tank case 110. 76-70 3333 South Bannock The applicant is request.ing pera.ission to erect a tilae and tellperature sign on the roof of the penthouse of the bank. 'lbe signa will be 9 ft. by 30 ft. will be of steel and .. tel plex OD top of the concrete vault of the penthouse. 'fhere are no doors on this portion of the bank. Clayton .oved. Mezen seeona.d. the variance be approved subject to written approval of the Pire Depart.ent that they have no objection to the sips • Ayes a .. ya. Abeenta .. vier, Wootten. Kezen, Clayton. llbodus, Wetterstro. IIODe Leonard . , I • • ·' I ! ' "!' f X -• Bob l(elleY ca•e 11-10 3825 South Grant '!'be applicant i8 requestiDg peraieeioll to erect a retaining vall to encroach upon City prolterty a datance of so ft. to eDcroaab 9 ft. -the wall would be 18 iDchee hiCJh. 'fhe city baa pat in curb and eidewalk and if the groaa4 would alope4 it would expoee the root• of a large tree. 'there ie a 4 ft. eic!awalk adjaceDt to tba c:uxb. ClaytOD .oved, lhodua eecoc4ed, 'l'ha &pard view the pcoperty and aDDOQII,C8 their deoiaion at the Board .. eting of .septa.ber 28, 1970. Ay•s Bayat Abeent: Bevier. Wootten, llezen, Clayton, Rhodue, Wetter•~ !lOne Leonard ------- 'fbere bein9 no further bueiDeee to ~ before the Board the -eting waa adjoumed at llaOO P. 11. sutit ScbMider RecOrding Secretary . . •. I . . ·. .. , , xl -• 'l'Ot EIIJLEWOCI> CI'l'r COU8CIL Jli!ICOIMElWA'l'IOIIa BIICROACJIIIBlftS UPOil Clft PROPBR'fi. n"r S '70 c ,,,, 'l'he Board of Adjustment and Appeal• r~nda to theCBQg~t ; · .:; F"tu:: City council for consideration or approval of the following E:~.coo. coLo encroachments over city property. · Bob Jtelley 3825 South Grant The applicant is requeating encroaclUIIent of a retaining wall along the front of their property to encrouch upo11 City property 9 ft. 'l'he City install curb and aidevallt and the applicant hu a large tree and if her were to slope the ground 'IOUld expoee the roots. '!'bare is a 4 ft. walk adjacent to the curb and the propo8ed retainiDg -.11 would be 6 inches behind the -.llt. '!'he retaini.Dg wall would be 18 inches in height . :a. P . Black 3821-3823 South Grant 'fhe applicant ia requeatincJ eocroacJaent of a retaining wall aloDg the front of their property to encroaCh upon City prcperty 9 ft. '1'hia property adjoins the aboft prol'l8rtY to the D01'th. 'fhe retaining walls would join oo the property linea and the returns would be oo drin:way.. 'l'hia retaining wall 18 inches on south end and taper to grade on north end. A ek.etch of the-propo.ed encroachaents ia attached. 'l'be Public 'WOrks Director hu approved these encroec~ts. Louiae A. Linkenheil 4062 South Accaa '1'be applicant is requeatiDg perraisaioo for ~t of five -3 iDch steel guard poets adjacent to tbe prcperty line OD the alley. !'be poat.s are to protect her feDCe fro. daaage fro. care. She baa reaidential property across the alley frca ~rc:ial property. &er property ia behind a parking J.ot. She did have guard poets in the alley. encroaching about 18 inches. with no pez:Jaiaaion. 'fhe poets were r-.oved when the alley ,.,.. eoac:reted . 'fbe Board re~nda a 9 inch encroacbaent be peJ:aitted. '!he Director of Public worka di:S not rec:-end this enc:roa~nt. •. I . •• '. r f ------~'----------------~-~~--~--------~~>< • . . Ul l> ()) r ,. Q D -- ! ~ /1. ' (/) r ~ -~ c 0 ~ t; -t ( ,. ~ j, ... .. C) 1 tO ~ 8 ' t .... at "' :& i 0 r/) { ~ :-1 -····· I • • \ I I '! 1-- • • .. -• REGULAR MEETING EN GLEffOOD WATER AND SEWER BOARD -SEPTEMBER 151 1970 The meeting was called to order by Chairman Robohm at 5:10 P.M. Members Present: Harder, Horton, Lay, Menger, Mock, Robohm, ~*~~,!~~F~~t.•.lEN T Members Absent: Kreiling Oth er Ci ty Official s Present: co . Director of Utilit i es Carroll, Legal Con~~,;S~~ers ... F i LE C::Lc v, ~oo, COLO . Mr. Carroll presented a propo sed Connector's Agreement drawn between the City of Englewood and Cherrymoor South Water and Sanitation District. The area of this distric t is approximately 100 acres and is located in the vicinity of St. Mary's School, Sou th of East Quincy Avenue and along the west side of South University Blvd. The area includes land for development, the St. Mary's School and a small number of existing residences. Mr. Carroll referred the Board to the Minutes of the regular meeting of the Englewood Water and Sewer Board, held July 14, 1969. At that time the same area was being considered for Englewood sewage treatment with sewage to be received into the Englewood system at a connection in East Quincy Avenue, just west of South Clarkson Street, with said sewage to be delivered into the City system through a lift station, forced main and holding reservoir with restrictions on time of delivery to non-peak night hours. Mr. Carroll reminded the Board that it was recommended, at that time, to City Council that the t hen proposed district be advised, through Wright-McLaughlin Engineers, that the City would enter into a Connector's Agreement with a legally formed district, to serve the subject area, with certain res t r ictions, such as time of delivery of sewage, and others. This recommendation was approved by City Council on July 21 1 1969 1 and the Wright-McLaughlin Engineering firm was subsequently advised. Mr. Carroll next explained to the Board that in the interim, the following has developed: 1. The district has been legally formed and is known as Cherrymoor South Water and Sanitation District. This district will purchase the existing 10 inch sewer trunk line from Cherry Hills Sanitation Association and use same to transmit sewage to Englewood at South Clarkson Street and East Jefferson Drive by gravity, thus eliminating the lift station, forced main and holding reservoir. 2. The south portion of Country Homes Sanitation District No. One, south of East Hampden Avenue and west of South University Blvd., Which was originally to be served through a lift station into that district's system for delivery of sewage, to the City, at a connection north of East Hampden Avenue in South Race Street, will, by agreement between Country Homes Sanitation District No. One and Cherrymoor South Water and Sanitation District, use the above mentioned 10 inch trunk line wh ich will also eliminate their planned lift station. 3. An agreement is bei ng drawn to provide: (a) The payment to the City of Englewood, by Cherrymoor South Water and Sanitation District, a sum of $46,000, the estimated cost of the planned, but now eliminated lift station, forced main and holding reservoir. (b) The payment to the City of En glewood, by Country Homes Sanitation District No. One, a sum of $10 1 000 1 the estimated cost of the planned, but now eliminated lift station. Mr . Carroll adv i sed that the total receipts of $56 1 000 will be used by the City of Englewood tow ard the installation o f a new, additional and adequately sised, sewer main from the alley between South Pennsylvania Street and South Pearl Street to the 21 inch existing main at South Li ncoln Street and East Hampden Avenue; and, that engineering studies are now under- way in connection with this project . • •. I • • .• \ ! I '! 1- • -2 - Mr. Carroll po1nted out that this procedure woul d elimir~te the "bottle-neck• ln the City sewer system, all the way to the s ewage t reatlllent plant, creating the ability of the City to serve an expanded outs1de City area to the east u p to an estimated 3,000 taps. Th1s area, heretofore , has, of ne ce ssity, been very tightly restric ted by the City. (Also s ee Minutes of t he Regular Meeting of the Englewood Water and Sewe r Board, held May 19 , 1970 , f or further details concerning the current plans referred t o above .) After considerabl e discussion, 111 wh 1ch the Board agreed that the proposals, as set out, show much i mprovemen t over t he original plans and that it appears that the problems of sewa ge treatmen t service to the Cherry Hills and other a reas east of the City may now be at least partially solved, Lay moved , Schwab , secon ded, That the Water and Sewer Board recommend to City Counc ll that the Connector's Agreement, between the City of Englewood and Cherrymoor South Water and Sanitation District, providing Englewood sewage treatment service by connection of such district's sewer system directly to the Englewood sewer system at South Clarkson Street and East Jefferson Drive, presented herewith, be approved and properly executed. Ayes ~ Nays: Harder, Horton, Lay, Menger, Mock, Robohm, Rosvall, Schwab None Absent : Kreiling Mr. Kreiling entered and was seated with the other members of the Board. Mr. Carroll presented an original and five copies of Supplement No. l to the Conne ctor 's Agreement with Bow Mar Sanitation District, as revised; together with the original and five co pies of Amendme nt to Agreement between Valley Sanitation Distr 1ct and Bow Mar Wate r and Sanitatlon District which latter agreement also requires City approval; all of wh ich have been executed by the Board of both 'Districts. Mr. Carroll reminded the Board that the original Supplement No. 1 to the Connector's Agr eemen t , as presented by the Bow Mar Distri ct, would have provided for inclusion of land into the district wh ich would require a potential of 42 additional sewer taps, which when ad ded to the original district's requirement of 58 taps would have brought the total num er of taps required to 100. In the original agreement between the two districts, Valley San1 tat1on District had authorized a total of 80 sewer taps for the Bow Mar D1 strlct. At the regular meeting of the Englewood Water and Sever Board, held May 19, 1970 1 the Englewood Water and Sewer Board made the following recommendations to City Co unc1 l: ement the Al ltS regular meet1ng 1 held June 11 1970, City Council approved the recommendation vf th e Water and Sewer Board, but, Slnce the Amendment to Agreement between the tvo san1tation districts, as proposed for 100 sewer taps, was never received, same could no be signed by the May or and C1ty Clerk. Subsequently the original Supplement No. 1 to th e Conne ctor's Agreement was wi thdrawn by Bow Mar Water and S~itation Di strict. Mr . Carroll advised the Board that the Board of Directors of Valley Sanitation Dis tnct had not, i n fact , agreed to allow a total of 100 s ewer taps for the Bow Mar district and co nsequently refused to s i gn the Amendmen t to Agreement between the two sanitation districts until same has been revised to prov1de for a to al of 95 sewer taps only. . , • I • • ·. .• \ ! I f 'r - • • • -3 - Mr. Carroll pointed out hat the Suppl ement No . 1, as rev~sed 1 includes land des c riptions requiring a minLmum of 34 taps , which, whe n added to the 58 taps provided for in the original Conn e ctor 1 s Agreement would b r~ng the total to 92 taps or 3 less than the maximum of 95 taps prov ided for in the proposea Amendment to Agreement between the two distr~cts. All documents, as now pr esented, ha ve been s~gned by the proper officials of both the Valley Sanitation District and the Bow Mar Water and Sanitation District and, are i n proper order for co nsid era t~on by the City of Englewood. Af ter s ome further clar~ficat~on 1 Ho rton moved, Kreil i ng, seconded, That the Water and Sewer Board recommend to City Council that, sinc e the Ame ndm ent to Agreement between t he Valley San~tation Di str~ct and Bo w Mar Water and Sanitation District, to provide for a total of 100 sewer taps f or the Bow Mar District, was nev er consumate d, City Cou nc il act~o n taken June 15, 1970, ap p rov~ng the original Suppleme nt No . 1 to the Connector's Agreement between the City of Englewood and Bow Mar Wat er and San ~tation Di strict and the proposed Amendment to Agreemen t between t he Valley San ita tion District and Bow Mar Water and Sanitation Distr ict, upon receipt of same, be rescinded; and1 that t he Sup plemen t No . 1, as revised to provide for inclusion of land i n to Bow Mar Wa ter and Sanitation District, described there~n, allowing for a total mi nimum of 92 sewer taps, and t he Amendmen t to Agreement, between the two districts, pro- viding f or a total max~mum of 95 sewer taps, both documents hav~ng been signed by proper officers of the two districts Ayes: Nays : Absent: and hereVLth presented, be approved and properly executed. Harder, Horton, Kreiling, Lay, Menger, Mock, Robohm 1 Rosvall, Schwab None None Hr. Carroll next presen t ed proposed Supplement No. 2 to t he Connector's Agreement between the City of Englewood and Bow Mar Water and Sanitation District and Amendment No. 1 to Agreement between the Valley San itation 'District and Bow Mar Water and Sanitation District, provid i ng for the inclusion i nto the Bow Mar Distric t of one additional residential site requiring one additional sewer tap . Hr. Carroll po i nted out that the Amendment No . 2 to Agreement between the two districts provides for t he one additional sewer tap in a cco rdance with Supplement No. 2, but does not change the maximum number of 95 sewer taps allowable as provided for in A.endment to Agreement prev~ously con s ~d ered. Hr. Carroll further pointed out that all do cuments have been signed by the proper officials of the two districts involved. After short discussi on, Horton moved, Harder, seconded, Th a t the Wa t er and Sewer Board recommend to City Cou ncil tha t Supplement No. 2 to the Conn e ctor's Agreeme nt between t he City of Englewood and Bo w Mar Wa ter and Sanitation District and the Amendment No. 2 to Agreem ent between the Valley Sanitation District and Bow Mar Wa t er and San itation Distr ict, providing for inclusion into sa~d Bow Mar Water and Sanitation District of one additional re s~dent~al s ite, requ~ring one sewer tap, both of wh ~ch have been s igned by the proper o ff~c ers of the Lwo d ist r~cts and herew~th pre s ented, be approved and properly e xe cu ted . Ayes: Nays: Absent • !larder , Horton , Kr e~ling , Lay , Menge r , Hock, Robohm, Rosvall , Schwab None None Mr . Carroll advised the Board that he Clty has b egu n preparations for the financing of the Ranch Creek ProJect 1n the Englewooa Wes S ope Wa er Development Program, through the • I • • f ]- .• • • ,_ • - 4 - issuance of $2,200 1 000 of water bonds. In this connection, the City is inviting proposals from various bond houses wh i ch will reflect their experience and intended services to the City. From t his, a fiscal agent will be selected by personal interview. Mr. Car roll stated t h at the City intends to be in position to market the bonds at the proper time after January 15, 1971. Fo r the benefit of new members of the Water and Sewer Board, Mr. Carroll gave a brief historical report relative to Englewood's water rights on the West Slope, the proposed method of developing the water collection system and the related Water Exchange Agreement with the Denver Board of Water Commissioners. Mr. Carroll reported that representatives of the Tri-City Trust (Denver, Littleton and Englewood) are still working on an equitable dispersion of water rights owned by same, in the process of dissolution of said trust. In a short discussion on the matter, it vas the consensus of opinion of the Board that serious thought should soon be given to the possible disposition of excess McLellan Reservoir land south of the Douglas-Arapahoe County Line Road, comprising approximately 173 acres. No action was taken. Mr . Carroll advised the Board that at least two developers in the Breckenridge area are now interested in a lease and/or purchase arrangement for Englewood's Boreas Pass water rights. {Also see Minutes of the Meeting of the Englewood Water and Sever Board, held January 20 1 1970.) Mr. Carroll suggested that, particularly for the benefit of new Board members, a tour for all Board members, of all water and sever facilities aroung the City, be arranged. The Board members a11 agreed and Mr. Carroll vas asked to schedule such a tour. The following letter, written by Mr. Carroll, at the request of the Water and Sewer Board, at its regular Meeting, held August 18, 1970, vas read: • •ciTY OF ENGLEWOOD Office of Director of Utilities 3400 South Elati Street Englewood, Colorado 80110 August 25, 1970 Mr. M. o. Sh i vers, Jr. 3470 South Sherman Street Englewood, Colorado 80110 Dear Mark : At last week's Water Board meeting Mr. Irving Hayutin appeared, request- ing annexation of h i s personal parcel of ground to Southgate Sanitation District. I • • . ' - • • -s - Th is was a repeat o f his same request last October wh ich was turned down . The Boa rd seemed more receptive than last t~me s i nce there vas a free and open di scus sion of the Eng lewood Dam ll case, Some Board members felt that we sh ould be advised by you of liabilities whi ch inure t o the dam property owners should the area be developed to the point that there is 100% runoff behind the d am. Thi s is the only point left unan swere d prio r to maki ng final d ~spo s itio n of Mr , Hayutin 's request . I would appreciate your reply for the ne x t Board meeting, s~nc erely , /S/ Char l s B. Carroll , Jr., D1rec or of Utili 1es CBC/kr " In discussion , Mr , Shiver s , Legal Con sultant, advised the Board that, i n his opinion, since the D1stnc Court has r uled th a t the City of En glewood has no further legal claim to the Englewood Dam , th e City would , there for e, ha.ve no liability in connection t herewi th and tha~ all responsib ility and liability c onnected with such dam wou ld no v be that of the owners of the property u po n wh ich the dam exists, (Also see Mi nutes o f Me etings of t he Englewo od Wa ter and Sewer Boa rd, he ld September 6 , 1961 , o vem ber 18 , 1969 , January 20, 1970 , March 17 , 1970 and Au gust 18, 1970, for full b a ckgrou nd details .) Af e r some discussion, Harder mo ve d, Kr eil1ng , seconded , That the Water and Sewer Board recommend to City Council that, s i n ce , i n t h e opinion of Mr. M. 0. Sh 1 vers , Wa ter and Seve r Board Legal Co nsultant, the City of Englewood, due to District Court rul ing, has no further legal claim on the Englewood Daa, 1t also has no liability in conne ction the rew ith , with any su ch l1ability b ei ng that of the property owner s, one of wh ich is Mr . Irving J . Hayutin, approval be gi ven for a letter to be wr itten to Southgate Sani tation Distr ict advis~ng that t he City will now gi ve favo rable con sideration to the inclus ion, in o that d1strict, by supplemental agreement to the Connector's Agreement , of land owne d by Mr. Irv ~ng J . Hayutw, described, as follo ws: The E~ NE% NE\ NW\ of Section 19, Townsh ip S South, Ran ge 67 Wes t o f the 6th P.M., Coun ty of Ar apahoe , Colorado, Comp r i sing five a cres , more or les s, Ayes: lays: Harder , Horton, Kre1ling , Lay, Menger 1 Mock , Robohm 1 Ros v all, Sc hwab None Absent: None There being no f urther business to come before the Englewood Water and Sewer Board, . , I • • f 1- • -6 - Schwab moved , Kreil1ng 1 seconded, Tha~ ~he meeting be ad Jo urned. Ayes: Nays: Absen~: Harder, Horton, Kre il1ng 1 Lay, Menger, Mock, Robohm 1 Rosval l , Schwab None Non e The mee~ing was adjourned at 6:10 P.M. Approved. ____________________________ __ • ·' . , \ ! ,., I • • 0 X - Dat.e: Sub J ect.: Rec ommenda hon: • MEMORANDUM TO TlfE ENGIE't.~OD CITY OOUNCIL REGARDING ACTION OR RECOMMENDATION OF 'mE E'NGLM>OD WATER AND StliER BOARD September 15 , 1970 Connector 's Agreement -Cherrymoor South Water and Sanitation D1strict That the Connector's Agreement, between the City of Englewood and Cherrymoor South Wa t er and Sanitation District, providing Eng l ew ood sewa ge treatment service by connection of such district's sewer system direc ly to the Englewood sewer sys tem at South Clarkson Street and East Jefferson Dr i ve, presented herewith, be approved and properly executed . Respe ctfully submi tted1 ENGLEWOOD WATER AND SEWER BOARD By : L. A. Robohm a1rman •. , I • • 0 ·. ·' I I ' . , " - Da te: SubJect : Re c < .. .,u dation ~ • • MEKJRANDUM TO THE ENGlEWOOD CITY OOUNCIL REGARDING ACTION OR REOOMMENDATION OF 'Ill! ENGlz.IOOD WATER AND SINER BOARD September 15, 1970 Supplement No. 1 To Connector• s Agreemen t Between the City of Englewood and Bow Mar Wate r and San itation Di strict; and, Amendment to Agreement Between the Val l ey Sanitation District and Bow Mar Wa ter and San 1tation District, Providing For Inclusion of Additional Land Into Bow Mar Water and Sanitation District For Sever Service Through the Trunk L1ne of the Valley Sani tation District. That, since the Amen<inen t to Agreement b etween the Val ey San · t ation Distric t and Bow Mar Wa ter and Sanitation District, to provide f o r a total of 100 sewer taps for the Bov Mar Di str1 ct1 wa s never c onsuma ted1 City Coun ci l a c tion taken June 15 1 1970, approving the o riginal Supplement No .1 to the Connector's Agreement between t he City of Englewood and Bow Mar Water and Sanitation 1>istrict and tlle pr oposed Amendment to Agreement between the Valley Sanitation DHtrict and Bow Mar Water and Sani tation Distric t, upon receipt of same, be rescinded; and, that the Supplemen t No. 1, as revised to provide for inclusion of land into Bow Mar Water and Sanitation District, descr1bed there in, allowing for a total minimum of 92 sever taps, and the Amendment to Agreement, between the two districts, providing for a total maximum of 95 sever taps, both documents having been signed by proper officers o f the two districts and herewith presented, be approved and duly executed. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By: . , •. I • • - ] Date : Sub j ect: • MEMORAN!lJM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF 'mE ENGLMX>D WATER AND SEWER BOARD September 15 , 1970 Supplement No . 2 To Connector's Agreement Between the City of Englewood and Bow Ma r Wate r and Sani tation Di s t r ict; and, Amendment No. 2 to Agreemen t between the Vall ey Sanitat i on District and Bow Mar Water and Sanitation Dl s trict, Provi d i ng for Inclus i on of Additional Land Into Bow Mar Wa ter and Sanitation District For Sever Service Through the Tru nk L1ne of the Valley Sanitation Dls t r ict. Recommenda tion : That Suppleme n t No. 2 to the Connector's Agreement between the City of Englew oo d and Bow Mar Water and Sa.n i tat ion District and the Amendmen t No. 2 to Agreement between the Valley Sanitation District and Bow Mar Water and Sanitation District, providing for i nclusion i nto said Bow Mar Wat er and Sanitation District of one additional residenti al s1te, requ i ring one sewer tap, both of which have been signed by the proper officers of the t wo districts and herewith p resented, be approved and properly executed. Respectfully submitted, ENGLEWOOD WAT'EX AND S By : I • • . , ·. , 2 1- Date : Sub j ect : Re co mme nda tl. on : • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDA TION OF TH E ENGLEWOOD WATER AND SEWER BOARD Sep t ember 15 , 970 Le tter of Intent-Inclu s ion of Land Owned by Irv1ng J . Hayut1n Into Southgate San1tation D1str1c , That, sinc e, in th e o pinl.On of Mr. M. o. Shl.vers, Water and Sewer Board Legal Consultanc, the C1ty of Englewoo d, due to !nstrict Court ruling , has no fu rther l e gal c laim on the Englewood Dam, it also ha s no iiability in conne ctlon therewith, with any s uch liab1lity be1ng hat of the proper ty owner s , one of wh ich is Mr. Irv1ng J, Hayut1n 1 approval be given for a letter to be wr itten to Sou thgate Sanitat1on D1strict adv i s ing t hat the C1ty Wlll now g1 ve favorable con s1derati on to the inclusion, into that district, by suppl emental agreement to the Conne c tor 's Agreement , of land owned by Mr. Irvi ng J, Hayutin, des cr1bed1 as follows : The E~ NE% NF.\ ~ of Sec bon 191 Townslnp 5 South, Ran ge 67 West of the 6th P.M., Co unty of Ara paho e, Colo rad o , Compr1s1ng f1ve a c res, more or less. Respectfully submitted, ENGLEWOOD WATER AND SElrlER BOARD ay , L.A. Bobohm~ Chairman .· . ' I I ,. I , • • 0 • CITY OF ENGLEWOOD PLANNING AND ZONING AUGUST 18, 1970 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 8:10 P.M. by Chairman Carlson . Me mb ers pr esent: Wood s; Wa lsh; Senti; Patrick; Mosbarger; Henning ; Carl son Me mb ers absent: Lone; Lentsch Also present: J. Supinger , Ex-Officio; D. A. Romans, Assistant Planning Director ; B. Berardini, City Attorney. II. APPROVAL OF MINUTES. Chairman Carlson stated that Minutes of the meetings of July 28, 1970, and August 5, 1970, were to be consi d ere d for approval. Woods moved: Se nti seconded: The Minutes of July 28, 1970, and Au g ust 5, 1970, be approved as written. The motion carried unanimously. III. 000 WEST JEFFERSON AVENUE. Jefferson Avenue at U. S. #285-Broadway off-ramp CASE #l9-70A August 5, 1970 Chairman Carlson asked Mr. Supinger, Planning Director, to discuss this matter. Mr. Supinger stated that the Public Works Director anticipates traffice prob- lems at the Jefferson-Broadway-D. S. 285 off-ramp following construction of the ramp. The Public Works Director submitted three proposals for the c onsid- eration of the City Manager and City Council; City Council then referred the matter to the Planning Commission for a recommendation on these proposals, and any other proposals that might be drafted for the intersection. Mr. Supinger noted that there has been one additional proposal added to the three drafte d by the Public Works Director. Mr. Supinger stated he understood the Council wanted property owner "in-put" obtained by the Commission prior to their recommendation to Council. Mr. Supinger discussed the possibility of a fonnal public hearing or an informal hearing on the matter. Mr. Carlson stated that he was not in favor of a public hearing unless it is necessary. He commented that if proposals #1 or #4 were used, which indicate that a portion of the street would be vacated, he felt a public hearing would be warranted; however, proposals #2 and #3, which are directional changes in traffic flow, he did not feel warranted a public hearing. Discussion followed. Mr. Berardini commented that it would seem to him that if access were denied the property owners should be heard. He stated that if access is denied by vacation of the street, a public hearing will have to be held. Mr. Berardini commented that perhaps a formal public hearing is advisable on all proposals. Mr. Carls on stated that he c ould not believe that a public hearing would be held on four different proposals· he then asked if the purpose of the hearing would be to decide on one plan? Mr. Berardini c ommented that the Public Works Department has recommended the #3 proposal, but that it was the feeling of the City Co un cil that all three proposals, plus any others that might be uggested, should be submitted to the Commission. Mrs. Roman s questioned the practice of holding publ i hearings by the Planning Commission on est ablish- ment of traffic patterns; she stated that she understood this was the respon- s ibility of the Traffic Engineer. Mr. Berardini agreed, but stated that he c ould see no hat~ in the Commission holding a public hearing. He stated that he knew of no legal requirement which would make a hearing before the c ommission mandatory. Mrs. Romans comme nted that if the Commission feels a plan which would call for vacation of part or all of the street, she felt the Public Hearing would be n eeded, but if the plan recommended by the Commission weL· only a change in direction of traffic flow, she did not feel the Hear i ng would be ju tified. Discussion follow d. 1 • ·. I • • .• I ! I 'f 1- • Mrs. Henning asked who would have ownership or control of vacated land? Mr. Carlson st ated that the vacated land would revert to property owners on either side of the street. Mrs. Henning then questioned how access would be denied to property owners by the proposed plans? Mr. Carlson dis c ussed the plans as they would affect adj o ini ng property owners, Dr. Mezen's office in particular. Dis cussion followed. Mrs. Henning questioned the advantage of a o ne-way street pat tern for only one block. Mrs. Romans comm e nted that she felt the point of beginning should be a conta ct wi th the Sta te Highw ay Department to determine what they will allow in the way of traffic circula tion in t his area. Mr. Carlson stated that he felt this was a good po i nt, and point e d out that there is only 30 ft. +/= between th1s Jefferson Avenu e/Broadway intersection and the new off-ramp/ B1·oadway intersection. Discussion foll owed. Mr. Senti commented that he felt the Co un cil wa s interested in the Commission recommendation on the prob- lem, but th a t this recommendation did not necessarily mean Council would adopt wh a tever plan was rec omm e nde d. Further discussion followed. Mr. Woods noted that there weren't too man y residential properties which would be affected by the plan , but he did feel that the City s hould con t a ct t h e State Highway Department and ob t ain information on their plans in this area. He f ur t her stated t hat he didn't feel the Commission needed to hold a Publc Hearing on the ma tter. Mr. Supi n ger stated that if the Commission proceeded on the informal discus- sion basis, he was concerned about getting the opinions of the area property owners. He stated that this was the main stipulation as explained to him ; there was to be property owne r "in-put" prior to the decision by the Commis- sion. Mr. Senti stated that he felt the Council thought the Planning Depart- ment would c ontact the resident property owners just to get their feeling on the matter ; he noted that there would be only six or so properties that would be af fecte d. Mr . Carlson asked Mr. Senti if he f elt it was necessary to have a Publi c He aring on the matter? Mr. Senti re plied he did not. Mr. Supinger asked if, a fter a recommendation by the Planning Commission f or a proposal that did not i nvolve vac at i on of the street, who would hold the public hearing? Mr . Bera r d i n i stated that he did not believe the matter requir- ed a public hearing . Discussion followed. Dr. Walsh questioned the rationale of vacation ; he questioned what would happen if the street were vacated, and in a few years it was determined that a street would be needed here. Further discussion followed. Mr. Berardini pointed out that the street would not be vacated until and unless it had been determined that it was no longer needed f or traffic circulation. Mrs. Henning suggested that the Planning Dire ctor be instructed to write the property owners affected by the proposals and asked for comments on the pro- pos al s . She asked if the matter could then be considered further at the next meeting and a d ecision rendered at that time? Discussion f ollowed. Dr. Walsh asked if it would be a g ood ide a to notify the businessmen on Broadway in downtown En g lewood know o f the impending discussion ; he commented that he has heard c omm e nts from some of the businessmen about the traffic situation and h felt that this intersection does have s om e bea ri ng on the busin ess c om- munity in Englewood. Mr. Patrick agreed that the businessmen would be i n ter- sted and stated that h e knew Mr. Lentsch, who c ould no t a tte nd the meeting tonight, was intere ted in the matter. Mr. Woods ommented that 1f the businessmen were no tified in t he 3300 and 34 00 block of South Broadway, that th people should be noti fie d who live an qual distance in all dire t1ons of t h e intersection should be notified. He comme nted that he felt the res1dents of t h e immediate area had much more 1nterest in the matter and would be mu c h more a f fected by a decisi on than the downtown businessmen. Further discussion f ollowed. Mrs. Henning sug- gested se nd ing letters to property own ers and businessmen in an area between K nyon Avenue and Hampd e n Av e nu e, Broadway and Bannock. This suggestion was approved by the Commiss1on and the Plann ing Director wa s so i nstructed. 2 • I • • •' I ( I ' '! - • • IV. BELL COURT 2935 S. Santa Fe Dr. ------------------------------------. CASE #14-70-A August 5, 1970 July 21, 1970 Chainnan Carlson stated that this matter had been tabled at the previous meeting and would have to be raised from the table for discussion. It was moved and seconded that the matter be raised from the Table. The motion carried unanimously. Chainnan Carlson asked The Staff to review the request. Mrs. Romans, Assistant Planning Director, stated the appli c ation was for pennission to install ten mob ile home spaces on the rear of the property at 2935 South Santa Fe Drive. There are presently 14 motel units on the property, which units will remain whether or not the mobile home spaces are approved. The property is zoned I-1 (Light Industry), which Zone District permits motels and mobile home parks as "Conditional Uses" upon approval by the Planning Commission. The mobile home parks must conform to the Mobile Home Park Regulations. Mrs. Romans indicated the subject property on an aerial photo and on the land use map of the area. Mrs. Romans then reviewed the discussions on the request which ensued when Mr. and Mrs. Barth met with the Commission on July 21, 1970 and on August 5, 1970. Mr. Proctor also met with the Commission on July 21st ; he is working for the Barth's on the proposal, and has drawn the preliminary plans for the proposed mobile home spaces. Mrs. Romans also discussed the moratorium which the Commission enacted on consideration of mobile home parks. The City Attorney had indicated to Chair- man Carlson at the meeting on August 5th that he did not feel the moratorium would be applicable in this particular case, inasmuch as the zoning is proper for the mobile home parks, and the approval is solely on the merits of the "Conditional Use." A check-list for Mobile Home Parks had earlier been given members of the Commission, and Mrs. Romans noted that the plans for the proposed mobile home park which she had available for her study did not meet the requirements of the Mobile Home Parks Ordinance, as indicated by the check-list. She noted that Mr. Proctor and Mr. and Mrs. Barth were in attendance, and that new plans may be available for further c onsideration. Mr. Proctor stated that he had been under the impression that a general approval of the plan was obtained first, and then detailed plans were submitted. He stated that he does have plans for the mobile home park that will satisfy the the requirements of the Mobile Home Parks Ordinance, and also has some alterna- tives in these plans. Mr. Carlson stated that if Mr. Proctor had plans that were pertinent to the discussion, the Commission would be interested in viewing them. A pencil-sketch of the proposed mobile home park was displayed. Mr. Proctor stated that he has not gone into details on the lighting and water and sewer lines on this plan. He stated that he didn't feel the matter of access to a particular mobile home space could be considered until you really talked about a particular mobile home. Mr. Proctor stated that if the State Highway Department did not take more of the property, and if the mobile home park proposal is approved, it is planned by the Barths that the remaining motel units will be removed. Mr. Proctor then discussed the Flood Plain designation and its a ffect on this property. Mr. Proctor st ated that the units that were floode d on the rear of the property were slightly below grade. He stated that no units on the front of the property were flooded . He stated that he felt the trailers would b high enough that they will not flood. Dr. Walsh asked if the m1ll levy for school purposes would be applicable to these units if approv ed, and they are owned by Mr. and Mrs. Barth as proposed? Discussion foll ow ed . Mr. Berardini stated that the land was taxable. Mr s . Roman s noted that the school would probably get a small amount from the registration fee tax as they do from the tax on automobiles, but she was not aware of any further tax mon1es ava1lable to the school district on mobile homes. Mr. Proctor stated that he thought the legislation had been enacted which would t ax mobile homes in proportion to their value, as is done on other improvements . Further dis ussion followe d. Dr. Walsh asked how many units were occup i ed of the exi ting motel units, and asked if it included the unit on the rear of the property which is proposed to be removed? Mr. Proctor said 3 • I • • ·' I I ' f • • • that 14 un1t s were occupied , and that 1.t did not include the unit a t the rear. Dr. Walsh asked t h e mean1ng of "c ondit1.onal use", and asked to what extent the Comm1.ssion is bound to honor requests for c onditional uses, Mr. Berardini quoted from the Comprehen iv Zontng Ordinance, which reads: §22.4-13 h. Con- dl.tl.onal Uses. Prov 1d d the publ1c tnterest 1.s fully protected and the follow- ing uses are-ipproved by th Commtssi on · (1) Mobile home parks ; p r ov1.ded the plans conform in all t•e p c t t o the Mobile Home Parks Regulations of the City of Englewood ; (2) Motel o1· moto r court. Mr. Berardini noted that the Mobile Home Parks Ord1nan ce ets forth pe tft c tandards which the proposed mobile home park must meet to be con "tder d by the Commission as a Condttional Use. Mr. Berardint then stated that th approval of a co nd"ltional u se was a d1s creti onary matt e r, and that vartou fa c tor would ent r into the Comm1ssion 's co nsideration ; in this particular cas , h felt the Flood Plain designation should very defin- itely be considered, Dr. Walsh asked if he und rstood c orre c tly that the plan for conditional uses must be in detail when pr ·· nt e d for c ons1.deration, and that i n this particular case the Mob1.le Hom Park · Regu latton · must be met precisely for this request to be considered as a condiUonal use? M. Berardtni stated that this was ·orre t . Mr. Pro ·tor tated that h f e lt this would place a burden on the property owner to go to a great d al of expense before a proje ct coul d be con- s td ered for approval by th Com mt ss1.o n. He a s k d if plans could no t be approved ubject to compliance w1.th the Mob1.l Hom e Pa r ks Regulations thereby possibly sav1ng orne expen e to property owners? Discuss1.on followed. Mrs. He nning asked if the prese nt mobile home parks ordinance conta1.ned any restriction on the number of un1.ts p r acre? Mrs. Romans replied that it d1.d not ; it did require that each mob1.l home space have 25 ft. frontage, and that there be 10 ft. b etwe e n ea h mobtl home on the sides, but it does not limit the number of units per acre . The staff report on the request by M • and Mrs. Barth was discussed. Mrs. Romans pointed out that the Comprehens1.ve Zoning Ord1.nance definition of mobile home, wh1.ch is : "Any vehicle us ed , or so co nstructed as to permit its bein g used as a conveyance upon the public streets or highways and duly licensable a such and constructed in such a manne r as will permit occupancy thereof as a dwelling or sleeping pla ce for one (1) or mo re p ersons'', and the definition of dwell1ng, which reads: "A building or po rt1.o n thereof, used exclusively for residential occupancy ; including one-family, two-family and multi-family dwellings . The word "dwelling" shall not include tents, tra1.ler coaches or mobile home s , and trailer coach or mobile home parks," seems to 1ndi c ate that the mobile home parks and travel trailer parks are regarded as "transient occupancy " uses and not permanent occ upancy uses which she understood Mr. and Mrs. Barth to be c onsidering. Mrs. Romans then cited the fact that the property 1s 1n very c lose proximity to the Englewood Sewage D1.sposal Plant, and the staff does not fee l that the area lends itself to "permanent occupancy" use. Mr. Proctor pointed out that the present motel un1.ts on the property are rented on a weekly or monthly bas1s ; that there is l1.ttle transient movement 1n the clientele, and stated that he did not feel the transient vs. permanent occu- pancy matter was a strong argume nt against the proposed mobile home park. He pointed out that h e felt the mobil e homes would be much more desirable than the existi ng mo tel units. Mrs. Henn1ng stated that she understood that 1t was difficult for an applicant to provide detailed infonnat1011 with no assurance of approval, but 1f she read the o d1.nance correctly, sh d1d not feel th Commission could co nstder this c ond1tional use unless it onforms to the Mobile Hom e Pa r ks Re gu lat ions, she then pointed out th t a n w plan was subm1tted th1s eveni ng which the staff has not had the opportun1ty to review for co nforman ce to the Regulations . D1.scussion followed. Mrs. Henn1ng asked what was cons1dered to be "public 1 ntere -t"? Mr. Berardtni tated that he felt h ealth, safety, welfare and morals would hav to be cons1.dered "publ ic 1.nterest": he stated that he felt th matter of the f lood pla1n, th e t affic s1tuat1on on Santa Fe Drive, the c ompat1.b1lity of th use 111 that area, no1.se, odors from the sewage plant, all these matters would be considet·cd in de 1ding in the "publi c 1nte est". M1 . Proc to1· comment d that h<' felt there was no problem in "public interest" 4 • . , I • • ·' I l I ' '!' • in regard to the sewage disposal plant, as he was under the impression there would be a "metropolitan sewage" program in a few years . He noted there are other mobile home parks and motel units in the area, the people living there have been there for some time, and he doesn't feel the situation is bad for the health of these people. Mr. Carlso n asked Mrs. Romans to discuss the flood plain designat i on on this property, as he felt this was of great significance. Mrs. Romans stated that the Standard Proje ct Flood line established by the Army Corps of Engineers is immedi ately west of this property ; however, the actual 1965 Flood line did e ncompass the rear portion of this property, and units situated in this portion were flooded. Mr. Proctor commented that there "wasn't that mu ch water in the units "; he noted that the units were situated right on the ground level, and that he thought you actually stepped down into those units. Mr. Carlson noted that until Chat fie ld and Mount Carbon dams are both constructed, this area is subject to flooding, and that Bear Creek is very prone to flooding. Mr. Proctor questioned that the Bear Cree k would flood sufficiently to cause the Platte River to rise and flood this property. Mr. Carlson pointed out that Bear Creek had flooded more o ften than the other creeks in this general area, and that the Commission does have to consider that factor when studying the merits of particular uses in the flood plain area. The development plans of the Colo- rado Water Conservation Board and of SPARC were briefly discussed. The proposed mobile home park ordinance was briefly discussed for the benefit of the new members of the Commission ; this ordinance would place mobile home parks in a residential zone classification rather than a light-industr1al classification. The proposed ordinance would also limit the number of mobile home units to eight per acre. Mrs. Henning questioned the matter of the mobile home parks in light of residential/i ndustrial compatibility, and asked if the proposed ordinance indicates they are not compatible and it is the feeling of the staff and com- mission that they are not compatible and thus the proposed ordinance, why do we consider that they might be compatible now? She questioned whether the request could be denied on the grounds that the uses are not compatible? Mr. Carlson stated that he didn't feel that this could be the only reason for denial of the request. Mr. Berardini stated that if it is felt the proposed use is not compatible with the existing area, it could be denied, but could not be denied on an ordinance that is proposed but not final. Mr. Supinger stated that he felt the staff report reflects the environmental problems that exist in the area, and also reflects the probability that the use will be more than a "transient" occupancy type use, and that the Staff is saying that it is not in the public interest, in their opin1on, to locate a mobile home park in such close proximity to the sewage disposal plant, in an industrial area, close to the railroad tracks, and in an area that is subject to flooding. This opinion stands whether or not the mobile home standards can be met with compliance. Mr. Supinger pointed out that persons looking for a "house" would certainly not be likely to select this site for their home, and further stated that residents of mobile home parks may stay an indefinite length of time in a mobile home park. Discussion followed. Wood s moved: Henning seconded: The request for 10 mobile home spaces at 2935 South Santa Fe Drive be denied, the request not being in the publi c interest for the following reasons: 1. The area was flooded in the 1965 Flood. 2. The property is exposed to future flooding until the Chatfield and Mount Carbon Dams are built. 3. The property is very close proximity to the sewage disposal plant. 4. The property has industl'ial uses to the north and west, and Santa Fe Drive adjoins the property on the east. 5 ·., • I • • f •' \ I I 'r • • - • AYES: Woods ; Walsh; Senti ; Mosbarger ; Henning ; Carlson AYS : Patri c k Th e motion c arried. The appl icants were informed that the matter c ould be appealed to the Board of Ad j u tm e nt and Appeal s . Mr. Berardini stated that the Council would also hear c itizens who wished to appear before them. Mr. Berardini stated that the Board of Ad jus tm e nt had jurisdic tion to hear appeals f rom any decision of the Plan- ning Commission. Discussion followed. v . DIRECTOR 'S CHOICE A. Or 1 e ntation of Members. Mr . Supinger stated that he felt it would be advantageous to the newer members o f th e c ommission particularly to instigate an orientation program. He felt i t mi ght be wise to have a seminar which would set forth the relation of the City Council, the Board o f Adjustment and Appeals and the Planning Commission. Dis c ussion followed. Mr. Carlson stated that he felt the suggestion had consid- erable merit. Mr. Supinge r further stated that the idea had begun with the revision of the Rules and Procedure Manual of the Commission, and he has dis- c ussed the idea with the City Manager . The possibility of the Council, Commis- sion and Board of Adjustment getting together as soon as possible, maybe some- time in September, was considered. It was the feeling of the Commission that the suggestion should be followed, and directed Mr. Supinger to proceed with the plans for the orientation, etc. B. Preliminary Plans. Mr. Supinger discussed what he felt preliminary plans presented for consider- ation by the Planning Department and Planning Commission should contain. He suggested that a policy relative to contents and standards for plans be drafted, and if approved by the Commission, this could be obtained by applicants at the Planning Office. Mr. Supinger indicated that he felt this would be one method of obtaining adequate information at the beginning when considering a case. Mr. Carlson discussed the experiences of the Planning Commission in regard to the presentation of plans; he commented that he felt Ft. Collins' decision that the finished product must "look something like the plan" was probably a pretty good requirement. He pointed out that plans have been presented to this Commission, and approved by the Commission, and the finished project has had no resemblance whatever to the plan approved by the Commission. Discussion followed. Mr. Supinger questioned how a Plan could be determined to meet standards of certain ordinances if they were not drawn to scale, to fit the property, etc.? Discussion followed. Dr. Walsh moved: Mosbarger seconded: The meeting be adjourned The motion carried ; the meeting adjourned at 10:20 P.M . 6 ...... • .. I • • , • • • MEMORANDUM TO: The Englewood City Council and FROM: The City Attorney's Office DATE: October 1, 1970 SUBJECT: REPORT: HEiGHT WAIVER (SPECIAL EXCEPTION) WEST 1 THACA AVENUE AT SOUTH DELAWARE STREET LOTS 9 THROUGH 16, INCLUSIVE, BLOCK 1, ENGLEWOOD. I have been r equested to revi e w the height waiver granted by Council Resolution on Septembe r 6, 1968 with reference to the above property unde r the provisions of 22.5-7a (4), Muni- cipal Code (Ord. No. 26, Series 1968) with a view toward possible revocation of such special exception or waiver. It might be well to review the legal effect of the grant- ing of this waiver, or more conunonly known as an "Exception" or a "Special Exception". In doing so, it is also important that the definition of these terms be clearly understood in order that the legal rights and obligations of the parties flowing from any given transaction can be properly assessed. The terms, "Exception" or "Special Exception", such as granted here to the subject property is the authority extended to an owner to use his land or property in such a way as the enactment (ordinance) expressly permits under qualifying conditions which must be met. In distinguishing "Exceptions" and "Variances" the Penn- sylvania Supreme Court states: "An 'exception ' in a zoning ordinance is one allowable where facts and conditions detailed in the ordinance, as those upon which an exception may be permitted, are found to exist. But zoning ordinances usually provide, as does the present one, for another kind of dispensation, also permitted by statute, by which a 'variance' from the terms of the ordinance may be authorized in cases where the literal enforc e - ment of its provisions would result in unnecessary hardsh i p." Application of the Dev 478, 41 A. (2nd) 744 . undation , lnc. 351 Pa. The Court of Appeals of Maryland makes the distinction in the following languag "lt is th cormnon practice to join in application for an exceptl n with an appl ication for a v artance, leaving it for th Board to decide on which ground it I • • \ { I I '!' 1- • • will grant the applicat ion. As a result., many cases discuss exceptions and va riances without differentiation, yet the two d o diffe r, and ne important distinction is that where a specific us, is p e rmirte d by the legislative body in a given are a if thE' general zoning plan is con- formed to and there is no adverse ef f ect on the neigh- borhood, the application c an be granted without showing a hardship or o th e r conditions which are necessary for the all ow anc e of a va r iance." Montgomery County vs. Merland; Club , 202 Maryland 279, 96 A. (2nd) 261. In the Application of Emmett S. Hickman Company , Del. 108 A.(2nd) 667, th e Supreme Co u rt of Delaware stated: "In the case of an exce pti on , tht> law itself has foreseen th p ossibility that. a depa rture from its provisions may be desirable if certain specified facts or circumstances are found to exist. A variance, on the other hand, involves an overriding of the law itself, based upon a finding that the law as writre n would in- flict unnecessary hardship on the property owner." Briefly summarized, an "Exception" is a permission given by the Board, properly authorized by ordinance in specific cases for an applicant to use his property in manner contrary to the provisions of an ordinance , provided such use subserves the general welfare and protects community interest . A "Vari - ance", on the other hand, is an authorization by a Board, usually on appeal, granting relief and doing substantial justice in the use of his property by a property owner , where, owing to special conditions, a literal enforcement of the provisions of the or- dinance will r esult in unnecessary hardship . The granting of "Exceptions" and "Variances" are not per- sonal licenses to the then property owners , but a right that runs with the land. State ex rel. Parker vs . Knopka, 200 NE (2nd) 695, Ohio Appeals, 1963. The City Council found after having received a favorable report from the Planning Commission that the terms of the or- dinance, i.e. (1) The effect of the increased height did not materially affect light , air and ve nti lation of any adjoinin g property. (2) That o ff -street parking was made available and was suitable. (3) That f~r , he alth and saf ty was not a detriment in th e ar a (as determined fr m the writ.ten reports of the FireD partment and the Department of Public Works ). (4) That th plans provided adequate features for fire protect~on and f o r public safety . Additionall y, th e Cou ncil granted lh exception on condition ,._ ·. .· I ( 'f . . I • • , • • that the structure be built in substantial conformance with the plans and specificati ons as submitted , and o f course, such structure would b e r e quired to comply with all other ordinances of the city. From the ab o ve it is safe to conclude that the subject property was, on Se pt embe r 16 , 1968 , proper fo r the construction of a high-rise apartment building propose d by the owners . I am further advised that n o further ac tion with r efe rence to this high-rise was taken by the owners or any othe r person on their behalf, after the g rantin g of said exce ption in Se ptember of 1968, nor has an y oth er activity been commenc e d in the im- mediate area . The r eason s for the non -act i o n are n ot specified. It would be my view that the "Special Exc e p tion" granted in the subject area would continue to run with the land , until such time as the conditions upon which the exception was granted in the area are materially changed. Often times, ordinances dealing with "Special Exceptions" will provide an automatic review in a period of approximately one (1) year, in the event that no action takes place. The pur- pose of this is to determine whether the conditions at the time the "Exception" was granted are essentially those that existed at the time that the "Exception" was requested . The presen t ordinance does not contain any language with reference to a review of "Exceptions" in the event that no action is taken by the landowners to implement the additional grant by Council, but such a provision should be included in the o rdinance. Further, it. seems to me that it would be entirely proper should Council now wish to determine whether , in fact, a high- rise at the locale petitioned for in 1968 would now be prope r under present conditions. If, in fact , Council found that con ~ ditions are substantially different from those under which the "Exception" was granted, it could, in my opinion, effect a revo - cation of the "Exception". Respectfully submitted, ~ City Attorney BVB/jw -3- ' I • • . , f J ... '. ~ • ... 0 - L aw Off1ces JOHN A. CRISWELL ..... Mr. Bernard Uerardini City Attorney 34 0 0 South Elati En~lewood, Colorado 80110 Dear Bernie: I ( 3155 Soul~ BroadV<a) Englewood. Colorado qono Phone 76 I. 01300 October 5, 1970 For the past six or seven days I have been in the court room constantly on behalf of the City of Englewood involving two matters. The first matter relates to the Kingsley property. After a three-day hearing the court found that we were entitled to a lien upon the property and I enclose herewith a copy of the proposed findings, conclusions and decree, to~ether with a copy of my letter to the judge, involving the same. You will note that we expended the sum of $9,300 on clean- ing up this property, of which nearly $900 was spent in leveling and grading. Aside from the cost for this leveling and grading, which the court held was not necessary to clean up the property, we will receive full reimbursement. The second matter involved the eminent domain proceeding in the Atchison case. As you know, the City of En g lewood had only 9 .4 acres involved in this matter and the basic issue which was involved in the last three-day hearing was whether sand and g ravel was a "mineral" within the meaning of the deed which the Atchisons gave to the City of Englewo o d in 1 9 49 . I n thi s deed, t h e Atchisons reserved a 501 interest in "all min- eral s , i nclud1np; oil and ~~:as." While the r e is considerab le law on both s ides of the question, the court determined that, in this instance, the parties meant for sand and ~ravel to be in- c luded within this term. This decisio n was b a s e d, principally , upon t h e fact that the previous City Manager acknowledged in writing that the Atchisons had a 501 interest in the sand and gravel and that City Council previously (in 195 5 , I think ) entered into a clay lease whereby we "split" the royalties wj t h the Atchisons . Jud~~:e Doyle observed (and I can't really disa ~ree with him much) t h at there was no basic difference betwe e n clay and g ravel and that this lease was another recognition by the City that the Atchisons had an interest in the clay. 0 ' I 0 0 ' '"' -~ • ,. -• 0 - -2- The court also determined that each acre of the gravel land had a total value of $1400. For our part, therefore, the c ourt's decision means that we will receive the sum of $6,580 for this 9.~ acres, rather than $13,160 which we would have received had the court found that the Atchisons had no inter- est in the ~ravel. Martin ha d the same problem, of course, since the ground which we so l d to them was covered by the same deed. This means that Martin will receive only $265,000 for their gravel land instead of $53 0,000--a loss of approximately !265,000. I certainly do not believe that we have e nough money in- volved, nor a sufficiently good case, to appea l this matter. Martin, however, in view of the fact that they are talking about better than a quarter of a million dollars, mav appeal the case. I indicated t o Martin's attorneys that we probably wouldn't appeal but that we might be willing to allow our name to be used in their appeal if they thought it would be beneficial to them and if it didn't cost ua anything. This, of course, would be a matter for Council and Martin indicated to me that they would let me know in a short while what their decision was on the matter. In my personal view, I doubt that an appeal would change the court's ruling. JAC:LM Enc. cc: Mr. Stan Dial Mr. Charles Carroll . ' 1 i I • ' • • RESOLUTION NO. -~SERIES OF 1970 FINDINGS OF FACT AND ANNEXATION-181 .229 C ;:;, ,, crry .... Cr-U~C! . · ;:: ...... LJ· L. CON CLUSIONS ON PROPOSED SANTA FE -UNION~ . coLo. ACRES MORE OR LESS. WHEREAS , on August 24, 1970 the City Council of the Cit y of En glewood, Colo rado pa sse d a Resolution of Intent to Annex a certain parc e l of land in Arapahoe Co unty containing 181 .229 acres more or less, said area be ing described in said Resol ~~ tion No . 24, Series of 1970; and WHEREAS, the Council by s aid Re s ol ut i on No. 24 did direct that Notice of Hearing be published as required by law and th a t hearing be held on ~1 o nday, Se ptembe r 21,1970 a t 8 :00 P.L at the Englewood City Ha ll at 3400 South Elati Street, En glewood , Colorado; and WHEREAS, h e aring was held on the date, time and place as published; and WHEREAS, by the prov1s1ons of Chapter 139, Articl e 21, Section 9, C.R.S. '63, Act of 1965, City Council must mak F findings of fact and conclusions on whether the territ o ry proposed to be annexed meets the requirements of Chapte r 139 , Articl e )Jl/Section 4 , C.R.S.'63, as re-enacted and am ended hy the Muni cipal Annexation Act of 1965, as amended . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO that said Council finds the followi ng · 1. That the area known as the Santa Fe-Union Ann ex ati o n contains approximately 181.229 acres of land, as mor e parricu larly described in Resolution No. 24, Series 1970, and (a) is contiguous with the City of Englewoo d . Co l o rado , (b) the land is unincorporated, lying within the County of Arapah oe, Colorado, and (c) the City of Englewood has had more than two -t hi rds (2/3) boundary contiguity with said unincorporated arta for a period of three (3) years either prior to o r subseque nt to January l, 1966. 2 . That no land held in identical ownership, whether c n , sisting of one tract or parcel of r e al estate or two or m re contiguou s tracts o r parcels o f r eal est ate , is divided into se parate pa rts o r par c~l s withou t th e wr: t en corse nt o f h~ landoM1 er or land own ·rs thereof. 3. That no land within said area held in identical cwn r shi p , whether consisting of o ne tract, or parc e l of real state, l r two or mor contiguous tracts or parcel s of real estat e, c ompr i sing twenty (20 ) acres or mo r e, which, together with the buildi n gs and improvements situat e d thereon , has an ass esse d value in exce s s of Two Hundr d Thousand Do llars ($200,000.00). 4. That a 'Petiti o n Fo r Annexation ElectioG in Unincorp rated . , I ! ~ I • • ' l • • Territory in Th e County o f Arapahoe , To The City of Sheridan, Colorado' was filed wi t h the City Clerk of Sheridan on Sep - tember 18, 1970, a c o p y of said 'Petition For Election' was receive d by the Dire ctor of Finance of Englewood on the same date. That with regard to said 'Pe tition For Annexation Election to Sheridan', Council finds the following: (a) That the City of Sheridan is not 1/6 contiguous with th e are a propos e d to be annexed by the City of Engle - wood. (b) That the 'Disputed Area' is not 1/6 contiguous t o th e City o f Sh e ridan . (c ) That said Petition purports to include within the 'Dispu te d Area' portions of land already incorporat ed within the City of Englewood, Colorado. (d) That the following ownerships are divided with out the written consent of the owners thereof: 1. E . W. and M. L. Ragsdale, Joint Tenants Warranty Deed recorded 3-20-67 B 1701 at P. 99 2. Chester C. and Helen F. Whittington , Joint Tenants Warranty Deed recorded 7-25-66 6-7-65 B. 1675 at P. 581 B. 1598 at P. 493 3. Ed G. Smith Warranty Deed recorded 6-22-60 B. 1196 at P. 489 4. Raymond Koch Warranty Deed recorded 4-24 -63 B. 1424 at P. 427 That in view of the above findings, Council con - cludes that said 'Petition For Annexation Election' presente d to the City of Sheridan is invalid and of no legal effect . 5. That a 'Petition For An Annexation Election' for the e ntire area proposed to be annexed was filed with the Director of Finance , ex of f icio City Cl e rk-Treasurer of the City of Englewood on Monday Se pte mb e r 2 1, 1970. Said Petition was signed by five (5) pro pe rty owners . Th ey are : (a) Les te r W. Hunter 2101 W. Quincy (b) Jos e ph Svigel , Sr. 4393 So . Sant a Fe (c) Marcel A. Dransfeldt 21 5 0 W. Radcliff -2- I . • I ! I f '!' • • (d) Clyde A. Roberts and Josephine H. Roberts 1800 W. Radcliff Said Petition is refused and given no effect, as no election is required under provisions of 139-21-5 C.R.S. '63 as amended. 6. That a 'Petition For Annexation Election' for an area described generally as that part of the proposed annexation lying East of the East Right-of-way Line of the Atchison, Topeka and Santa Fe Railroad was filed with the Director of Finance, Ex officio City Clerk-Treasurer of the City of Engle- wood on Monday, September 21, 1970. Said Petition was signed by five (5) property owners, who are: (a) Merie K. Manning and William F. Manning 1540 W. Tufts Avenue (b) K. R. Stohm 1530 W. Tufts Avenue (c) John C. Gilliland III and Sarah Gilliland 1470 West Tufts Avenue Said Petition was refused and given no effect as no election is required under the provisions of 139-21-5 C.R.S. '63, as amended. 7. That the proposed annexation does not detach any terri- tory from an existing school district and attach the same to another. 8. That no additional terms and conditions are to be imposed upon the area to be annexed. 9. That no election is required. 10. That the City of Englewood has substantially complied with the requiremenmof Chapter 139, Article 21, C.R.S. '63 as re-enacted, Colorado Session Laws of '65. ADOPTED AND APPROVED this 1970. Attest: $""rt_ day of ~. ~~ ex officio City Clerk -I, Stephen~·officio City Clerk, do hereby cer- tify that the above and foregoing is a true, accurate and com- plete copy of Resolution No. .2. '? , Series of 1970. ~~ -3- I • • \ ( I f '! • • ,_ • ....,. ____ ..,....,_ .. CITY C ('l r--,_, , "'"·~· .... n.) --•• ENT / INTRODUCED AS A BILL BY COUN CILMAN _ __;::~:.__::~;;-'1----::--:---0-CT_5_7_0 V c o :.;-. ~- A BILL FOR cl I_ .•. _, ·',·IE TY OF U..;LL .· ·~oo -··'~ , CO LO. AN ORDINANCE ANNEXING 181.229 ACRES, MORE OR LESS, OF UNINCOR- PORATED LAND IN ARAPAHOE COU NTY , COLORADO TO THE CITY OF ENGLE- WOOD, CO LORADO. WHEREAS , on Au g ust 17, 1970 the City Council adopted and approved Reso lution No . 24, Series 1970 evid encing its intent to annex a parcel of land known as the Santa Fe~Union Annexa- tion containing approximately 181.229 acres of land; and WHEREAS, du e Notice of Hearing on said proposed annexa- tion was given as r equi r e d by law, and Hearing was held on Septembe r 21, 1970 at Englewood, Colorado to determine if the proposed annexation met the requirements of Chapter ·l39, Article 21, Section 4 of the Municipal Ann exation Act of 1965, C.R.S. '63, as am ended; and WHEREAS, Resolution No. Jr , passed and approved by the City Council o'[ the City of Englewood on 0.:.~..-.. ~~ 1970 found and d e termined that said proposed annexation did in fact comply with the provisi ons of said Act. NOW, THERE FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section l . That the following described parcel of land located in and being part of Arapahoe County, State of Colorado is eligible for annex ation under the prov isions of the Municipal Annexation Act of 1965, Chapter 139, Article 21, Section 4 and the same is hereby annexed and made a part of the City of Engle- wood, Colorado: Beginning at a point from which the common 1/4 corner of Sections 4 and 9, Township 5 South, Range 68 West of the Sixth Pr incip al Meridian, bears E 62.1 ft.; thence lv 102.1 ft.; thence N 11°43' E 337.0 ft. to a point on the N line of S 1/2 S 1/2 S 1/2 SW 1/4 Sec. 4-5-68; thence W al o ng said N line , a dist. of 1673.1 ft .; thence S 330.0 ft. to pt. on N line Sec. 9; thence W 211 .0 ft.; thence S 33 0.6 7 ft.; thence W 660.0 ft. to pt on W line Sec. 9; thenc e N 20.6 7 ft. along said W line; Lh e nce S 65°00' W 350 .0 ft .; thence S 80°30' W 3~0 .0 ft.; th nee S 16°55 ' W 84 5 .0 ft. to a point on the N line o f th e SE 1/4 NE 1/4 Sec. 8 -5 -68; thence W along the N line of the SE l/4 NE 1/4 S c . 8-5-68 a dist. o[ 374 .0 ft.; thence S 0°18' W a dist . of 278.0 ft .; th e n ce S 72°17 ' E 631 .2 ft .; thence S 00°01' W 688.2 ft.; th e nce S 89°51 '20" E 538.2 ft .; thence S 63°50'50" E 185 .0 ft .; thence S 76°09 '50" W44.1 ft .; thence S 67.8 fr .; thence N 56°2 2 ' E 460.12 ft.; thence N 21 °45' W 190.10 ft.; thence N 4 °50' W 309.50 ft.; thence N 83°03' E 262.31 ft .; lhenc S 24°49 ' E 503.03 ft .; thenc e N 83 °03' E 80.85 ft .; lh nc N 82°55'E 434 .88 ft .; th n ee S 87 5 3' L 204 .30 fl.; th e nce N 10°47' E 507 .6 5 fl.; thenc e S 8 °5 9' E 508.19 ft.; the nc S 56° \ I 'r I • • • • -.- 00' E 33l .R4 ft.; th e nce S 11°19' W 404.25 ft.; thence N 89°47 ' E 333.60 ft .; thence S 20.0 ft.; thence E 168 . 7 ft. along a curvt=· t'o ':'he left with a radius of 45 ft. through 215°; Lhence 52.: f~. in a straight line to the Eline of S. Pecos St .; thence N 100 .0 ft.; thence N 89° 46' E 87 .3 ft .; thence N 125.0 ft.; thence N 89°46' E 244.0 ft.; th e nce S 125.0 ft.; thence N 89°46' E 329.26 ft.; thence S 12°55' E 597.64 ft.; thence N 08°05' E 400.4 ft.; thence N 08°15' W 100.0 ft.; thence N 12°55' W 351.74 ft.; thence S 89°47' W 234.0 ft.; ~hence N 670.0 ft. to the LL in \.J . Stan ford Avenue; thence W along said LL 818.6 ft. r,, th e E R.O.W. of U. S. Hwy 85; thence N 11.0 43' E 1346.20 ft. to the POB; said tract con- taining 181.229 acres more or less, Arapahoe County, State of Col0rad n. Section 2. That t his ordinance shall take effect and be in full force thirty (30) days after publication following final passage. Introduced, read ip full and passed on first reading on the !:;.,.t. day of C vo-&.. 1 1970. Published as a Bill for an Ordinance on the c:?.~~'· 1970. Attest: ex officio City Clerk 7d day of I, Stephen A. Lyon, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance introduced. read in ~ull and passed on first reading on the r,.--".day oE O ~ 1970. ex officio City Clerk -2 - I • • . , , 2X • II - LMAN f'"T :; '70 INTRODUCED AS A BILL BY CO UN CI ·------~>='~~,&~·~~,~· --------~·~-._ ~ c r-~ ~:.." , CITY OF ,-CL ·; :""•1-E: E' •• ....,;_,o, COLO. A BILL FOR AN ORDINANC E ANNEX1NG 181 .229 ACRES, MORE OR LESS, OF UNINCOR- PORATED LAND IN ARAPAH OE CO UNTY , COLORADO TO THE CITY OF ENGLE- WOOD, COLORADO. WHEREAS, on Au gus t 17, 1970 the City Council adopted and approved Re sol uti on No . 24, Series 197 0 evidencing its intent to annex a parcel of l and known as the Santa Fe~Union Annexa- tion con t aining app roxima tely 181.229 acres of land; and WHEREAS, du e Notice of He aring on said proposed annexa- tion was given as r e q ui r ed b y law, and Hearing was held on Septembe r 21, 1970 at Englewood, Colorado to determine if the proposed ann exa t ion met the requirements of Chapter ·l39, Article 21, Section 4 of the Municipal Annexation Act of 1965, C.R.S. '63, as am ended; and WHEREAS, Resolution No . J..J' , passed and agproved by the City Council o·f th e City of Englewood on 6 r~ (' 1970 found and determined that said proposed annexation did i~ fact comply with the provi sions of said Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the following described parcel of land located in and being part of Arapahoe County, State of Colorado is eligible for annexation under the provisions of the Municipal Annexation Act of 1965, Chapter 139, Article 21, Section 4 and the same is hereby annexed and made a part of the City of Engle- wood, Colorado: Beg i nning at a point from which the common 1/4 corner of Sections 4 and 9, Township 5 South, Range 68 West of the Sixth Principal Meridian, bears E 62.1 ft.; thence W 102.1 ft .; thence N 11°43' E 337.0 ft. to a po in t on the N lin e of S 1/2 S 1/2 S 1/2 SW 1/4 Sec. 4 -5 -6 8; thence W along said N line, a dist. of 1673.1 ft .; thence S 330.0 ft . to pt. on N line Sec. 9; thenc e W 211 .0 ft.; thence S 330.67 ft.; thence W 660.0 ft. to pt on W line Sec. 9; the nce N 20.67 ft. along said W line; thence S 65°00 ' W 350.0 ft.; the nce S 80°30' W 3:0.0 ft.; th nee S 16°55' W 84 5 .0 ft . to a point on the N line of th SE 1/4 NE 1/4 Sec. 8-5-68; thence W along the line of the SE 1/4 NE 1/4 Sec . 8-5-68 a dist. of 374.0 ft.; then ce S 0 °18' W a dist. of 278.0 ft.; thence S 72°17' E 631.2 ft .; thence S 00 °01' W 688.2 ft.; thence S 89 °51 '20 " E 538.2 ft.; thence S 63 °50 '50" E 185 .0 ft.; thenc S 76°09'50" W44.1 ft.; th nee S 67.8 ft.; thence N 56°22' E 4 60 .12 ft .; thence N 21°45' W 190.10 ft.; th nee N 4°50 ' W 309.50 ft.; thence N 83°03 1 E 262.31 ft .; thence S 24°49 ' E 5 03.03 ft .; thence N 83 °03' E 80.85 ft.; the nce N 82°55'E 434.88 ft.; thence S 87 °5 3 ' F 20 4.30 ft .; the nce N 10°47' E 507.65 ft.; th nee 84 °5 9' E 508 .19 ft.; thence S 56 ° . ' I • • · . ]- • 00' E 331 .A4 f t.; thence S 11°19' W 404.25 ft.; thence N 89°47 ' E 331.60 ft.; thence S 20.0 ft.; thence E 168.7 ft. alon~ a cu r vF to +:-he left with a radius of 45 ft. through 215°; t h nee 52.::. fl-.• in a straight line to the Eline of S . Pecos S t .; thence N 100 .0 ft.; thence N 89° 46' E 87 .3 ft .; thence N 125.0 ft.; thence N 89°46' E 244.0 ft.; th ence S 125.0 ft.; thence N 89°46' E 329.26 ft.; thence S 12°55' E 597.64 ft.; thence N 08°05' E 400.4 ft.; thenc e N 08°15' W 100.0 ft.; thence N 12°55' W 351.74 ft.; thence S 89°47' W 234.0 ft.; ~hence N 670.0 ft. to the LL in W. Stan ford Avenue; thence W along said LL 818.6 ft. r,, the E R.O.W. of U. s. Hwy 85; thence N 11_ 0 43' E 1346.20 ft. to the POB; said tract con- taining 181.229 acres more or less, Arapahoe County, State of Col o r adn. Section 2. That this ordinance shall take effect and be in full force thirty (30) days after publication following final passage. Introduced, r e ad in full and passed on first reading on the ~r£._day of 0~ 1970. Published as a Bill for an Ordinance on the :Z~ day of 0 e.g&,, 1970 . • Attest: ex officio City Clerk I, Stephen A. Lyon, 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 1970. ex officio City Clerk -2- I . • 0 ' ] ·. • TO: All Me mh Eo>r:> of th e Eng ! wuud C ity Council FR0:\1 : Mr. Sta nl ey H . Di a l, C ity Manager DATE: Septembor 16, 19'10 Cf7Y ocr s 7o 0 0 U'!CIL ;,;r ~ ~ CITY OF CN · C • I J i-,L£ CLf:i·.cco ·COLO. SUBJECT: ORDINANCE EXEMPTING CERTAIN ITEMS FOR PURCHASE FROM BIDDING PROCEDURES After review of the attached memor andum from the Director of Finance and aftet· exte nsiv e di scu s si(l n with our department heads and the purchasing agent, T would r ec0mm e nd that the attached ordinance relative to exempting eert,tin ite ms fr otn b idd i ng proc edures be ad•1pted. In summary, this ordinance would exempt sand, gravel, aggregate, and asphaltic materials, speci al devices and machine repair parts; salt; and rental and repair of equipment and machinery. The present bid exemption ordinance establishes 3 $10, 000 limitation on one-time purchues of exempt items. With the inclusion of traffic signal equipment under the category of special devices to the list of exempt items, this limitation should be In- creased to $20, 000. You wiii note that -certain items exempt under the present ordinance are no longer recommended fnr purchase outside of the bidding procedures. These include watet· meters, fi rc hydrants, gate valves, and fire hose. Respectfully, .~~-~~j~~ STANLEY II . J)JAL Citv l\lanagcr SHD/ij Att. . ' I • • f 1- TO : FRC· i: Dli1'E : ~-. ... ·;;.) .. S !TBJEC'T: L I ' • I I .~ • 1·1 •.. N 1 1• A N tl U -"1 I' CJ /() I :' t'd1 Tl -i iJ •;n. No . 31 , Series This memornn lv· i :c· a !<1::a p o f previous d iscussions and i nforma- tion proviclC' 'D r egar. ro purch a ses over Lhc last 18 months of items x cw p t •'<i rJ:' c ·r·d :i n •mcr. from comp et.LLive bidding . • Wat er ~1eter s -Purchas .d $7 ,791 In th e las year the Utili y Departme nt has not cont1 nued standardizati on of its mete rs, and Util1ty Dir ector Carroll indicat es that Hater mC'ters should b e r emoved from the l i st of e xemp tions. I Fire Hydrant s -t"t.rchased .L 'J69 The primary v~1uc to exempt "J fir e hvdrants l!;:; t h e fa t that only one manufaC"turer makes a r:;.:ra nt wh1cl. sh ·lt s nft water flow if shear ed or knocb·d n'f bj' a VC'hic-lc . 1'h.1s appears t.o be of suffi- cien advantay C' t o ~o nt.1nu hydrar ts on the lis t of e x em ptions. Gate ValvPs -ru ch as rs $0 .00 Utility Dir rt ... Carroll in ·licatcs tha t qr~t ,. ·.-a lve s should be bi ci . Fire Hose -P ta ·hazPd $n , 6 1 'i The above purcl ta s, was b <L Fln' l·o se !'rouid r .c , removed from the 1 ist of x• '1 pt 1 n n s . This it m hr.~ n o~. • <n l lJ; ""'< by thc Put chas1 n ~ ~· .n~ 1nl1 as 1 ow as t h t' c 1 t '' c ) f' r 1 t 1. • r , d :=; .... , • <'J pr1ces 1n 1969 , t t t 11•' t• rece 1 v d prt.ces The . , - I • • f ]- ' • Stanley H. Dial, c i ty Manage r August 14, 19 70 Page 2 • primary rea son to exempt t he se item s wa-; t l.e <act that the City hauls most o f th e se ma t e ri a ls, and shoul<i a l ·">vJ bid be received from a firm n ot c l o se t o th e City t;h e e,.: 1 :~. v ;:>r·rat~ng time could not be taken 1 n t o c on s i d e rati o n. \{)n t h ''" 1 t ~ms delive red to the City quotation s have b<>e n o b tained by t h e Pub U c Wo r ks Department. There is no r eason th at t his item c annL t he btn on an annual basis if the speci fi c ·<~t i ons di sc los e a vJeigh t :1 1..1 factor based upon the miles from tr.c o L'Int t o Englewood f o r t'lo s E> •terns hauled by the City. The major pur ch a s ~s u n de r t h is c at ego r} r a ve been radios for the Police Depar mc nt :' a r c>plac e me nt engine t o r a fire pumper, and s p ecially des ~gne d p 1 p.:> for h e U t~li •, T•epa rtment. The past u sage of thi s exl'r:~p t i c·n h a s bPc n to t h·• adva ntage of the City, / an d it is r ecorr·l"""li e d t h at i rcma1 n .tn any future ordinance. Rental of Equipme n t and Machinery -P ur~~ased $6,367 The above amou n r ep r e s e nts equipment rent.e d f o r-pick up of tree limbs after h C' 0 tober , 1969 snow storms. p ,1s t u sage of this exemption has als o been to the advant aq c of U .r Ci y, and it is recommended tha i remai n in any futur e ord inances . The Purchasing Ag ent will not app r ove, e~c:;~_!: i n case~ of •m ·r·g enc y , the State schedule for equipment rates. Purch as e s '~' r o uah SUite Division of L o '31 Gov.,rnment In the la st IY months t he City has p 1t 1cnased a umber of vehicles through the S·atc Di vision of Local Governl'l'nn . These items have been bid by t ~~ S l a t e but not by th e City. Th s procedure complies with tho Ci y Ch ar te r bidding requirements 1n tt s interpretation by this of fi e and is ment ioned as in format i cr. o nly. Summary n decl E x <'mpt Li s t Spe cial dev icr.'l an d •a r'll n f' r e pair par s Fire h y dran s Rf'ntal o f c•q u1p:n 1. a•Hl machi n ery RPcorr.m E.n aed Hemo val From Exempt L ist 1-Ja Pr rr1et r s Ga le 'nl v e~< I • • 0 ' 2 - • S tanley H. Dial , l', • / l lanaqe r August 14 , 197 0 Page 3 RecollUnend d £:.'·'.!:: ~p\ !.1 s~. T echnica l sign "\ ••q;1 ipme n t , inc lud i n g con tl •"">l l · rs a nd cabinets , fir L' ldnc pr..,- em pto rs, r espond0 rs , l o op detec t or s , amplLf ic r s, and p edestrian tim ~r: Signal he a ds Wl t!1 a cccssn r i e s and mast arm s Police r cvo l '-. ,.. • Hec o mmend RcmO\·a! From Exempt L t < Fir e hose 'd n d, grn '.'o!l , 1 ;grPg ate, and asph al tic ~i'\ter t als The p resen hid cxcmpLi nn ord1n an c s 0 l foe·] on on e tim e pur ~hasr ~ n l' ~xe mp t 1 tcm s . Wi c' traf fic sign a l c qu iJlmcn t to exem pt it ems lh~ b e in crea sed t n $::>f"1,tl0C1 . a $1 0 ,0 0 0 limitation thc.ad dition of the lim1tation s hould 4 <~:,:?~ S t cphen ll. J.·:nr: Director 0f l '1nanrc mmh cc Hugo T . Ruggiero , Purchasing Ag nt Depar ment Hf'ads- •' I ! " I • • 0 ' ] • --------------------------------------~~~ • RESOLUTION NO. ~. c o·, .... CITy C)F. -1L I I -. E:Nc Lc···· • ; _ ·•Ooo - SERIES OF 1970 ·COL Q A RESOLUTION APPROPRIATING FUNDS WITHIN THE PARK IMPROVEMENT FUND • . -, ..,L">u WHER~ty Manage~d that an ~onal ~~-~aQd~tional work ~~ennial Park inc ng curb, gutter.-;--Dl"eachers ~t~ _,,.. W@R§Ck is essary to the comp etion of the p~ and WHEREAS, the City is entering into a contract with the State Land and Water conservation Fund for the development of the center portion of Belleview Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, as follows: .--::-..1 ~--~-See-t:ron 1. That $o1t; all be approp~addi- tional in Centenni ark said amount t~debited to the alance, Park rovement Fund. ~ Section 2. There is hereby appropriated $108,916 to the center section Englewood-Belleview Park; the source of said funds being as follows: A. 1970 Park Improvement Fund Appropriation (from Public Improvement Fund) B. Transfer of Appropriation Currently in Belleview Park c. Fund Balance, Park Improvement Fund D. State Land and Water Conserva- tion Fund $ 36,000 9,501 54,451 $108,916 Section 3. The City Manager and Director of Finance are hereby authorized to make the necessary financial transactions to appropriate money within the Park Improvement Fund. ADOPTED AND APPROVED October 5, 1971. MAYOR ATTEST: EX OFFICIO CITY CLERK-TREASURER I, Stephen A. Lyon, 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 Resolution No. ____ , Series of 1970 passed on October 5, 1970. EX OFFICIO CITY CLERK-TREASURER I • • .. ' \ { f ] • --------------------------------------------~--·-------------~ C E R T I F I C A T I 0 N I , Stephen A. Lyon, ex officio City Clerk-Treasurer of the City of Englewood, Colorado do hereby certify that there is a Fund Balance of $25,462 in the Park Improvement Fund which is a vailable for appropriation . . , I • • . • I ( I ~ f 2 • • Ci.,...,. 0 F I ! C / A l •' co u~. 1 ,_ f'r"Jcur ;r::N r -70 c...._ 'rTY C.<-L • r L ''-l>. ;)[! co LO RESOLUTION NO. 29, SERIES OF 1970 A RESOLUTION APPROPRIATING FUNDS WITHIN THE PARK IMPROVEMENT FUND. WHEREAS, the City Manager has advised that an additional $2,450 for additional work at Centennial Park including curb, gutter and bleachers is necessary to the completion of the park; and WHEREAS, the City is entering into a contract with the State Land and Water Conservation Fund for the development of the center portion of Belleview Park. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, as follows: Section 1. That $2,450 shall be appropriated for addi- tional work in Centennial Park said amount to be debited to the Fund Balance, Park Improvement Fund. Section 2. There is hereby appropriated $108,916 to the center section Englewood-Belleview Park; the source of said funds being as follows: A. 1970 Park Improvement Fund Appropriation (from Public Improvement Fund) $36,000 B. Transfer of Appropriation Currently in Belleview Park 9,501 c. Fund Balance, Park Improvement Fund 8,957 D. State Land and Water Conserva- tion Fund 54 ,458 $108,916 Section 3. The City Manager and Director of Finance are hereby authorized to make the necessary financial transactions to appropriate money within the Park Improvement Fund. ADOPTED AND APPROVED October 5, 1970. MAYOR ATTEST: EX OFFICIO CITY CLERK-TREASURER I, Stephen A. Lyon, 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 Resolution No. 29, Serie s of 1970 passed on October 5, 1970 . EX OFFICIO CITY CLERK-TREASURER , I • • ·' ·' \ I '