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Home My WebLink About1979-02-20 (Regular) Meeting Agenda• CITY COtr.'iCIL l-f£ETIN<.; -Re 6 ular l Februari J;llj( 1979 ---; ~0 • • - • • • • • CITY COUNCIL MEETING Fe bruary 20, 1979 ORDINANCE II /, /,/ yf, / RESOLUTION II Y, ~ 10, 11 , 12 OVERTON 8r NUTT A ,.,_o,.•aarONAL COR,.OfiATION An'ORNII!YS AT LAW 10TH I'LOO!It CONTI N.NTAL NATIONAL eANK •UtLDING SSSS SOUTH .ANNOCK .NO~WOOO . COLOIItADO a011 0 A. L. (SID) OVERTON T.L.a,.HoN• ?81 -aoao ......... coo• aoa I • 0 I • • - • • • • • COUNCIL CH t..MBERS CITY OF ENGLEWOOD, COLOR~DO February 20, 1979 REGUL~ MEETING : /a. The City Counc il of the City of Englewood, ~rapahoe County, Colorado met in regular session on February 20, 1979 at 7:30 p.m. The invocation was given by Reverend Ro la nd ~ndrews, Grace Baptist Church, 4200 South ~coma Street . Th e Pledge of ~llegiance was led by Boy Scout Troop #154. Mayor Tayl o r asked for roll call . Upon a call of the roll, the following we r e present: Council Memb ers Williams, Weber, Smith, Harper, Clayton, Taylor . ~bsent : Council Member Mann . The Mayor d e cla re d a quorum pres e nt. ~lso present wer e: * * * * * * City Mana ger McCo wn ~ssistant City Manage r Curnes City ~ttorn ey Bera rd i n i Director o f Utilities Fonda Deputy City Cle rk Watki ns * * * * * * COUNCILM~N SMITH MOVED TO ~PPROVE THE MINUTES OF THE REGUL~ MEETING OF FEBRU~RY 5, 1979 . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : ~yes: Nays : ~bstain : ~bsent : Council Members Weber, Smith, Harper, Clayton, Williams . None. Mayor Taylor . Council Member Mann. The Mayor declared the motion carried . * * * * * * Pre-sch eduled visitor George Greer, Littleton/Englewood Recycling, Inc. appeared before Council and gave a status report I • - • February 20, 1979 Page 2 • • • on the recycling program. Mr. Greer submitted literature on the plant's operation and i nvited Council to visit the plant to see how the operation works. Mr. Greer stated the program will be expanding to include free pick up service in Sheridan, Greenwood Village and Cherry Hills. In answer to Councilman Weber's question, Mr. Greer stated no funds will be requested from these communities unless a specific type of equipment is needed to service the area. * * * * * * Pre-scheduled visitor Sid Overton, attorney, 3333 South Bannock, appeared befor e Council and presented an application for a hotel/restaurant liquor licence for Mr. and Mrs. Daghlian dba Paul's Restaurant and Pizzeria, 3542 South Fox Street. Mr. Overton requested that Council set a public hearing date and establish neighborhood boundaries relative to the application. COUNCILM~N SMITH MOVED TO SET THE PUBLIC HE~RING D~TE FOR MR. ~D MRS. D~GHLI~ DB~ P~UL'S REST~UR~T ~D PIZZERI~. 3542 SOUTH FOX STREET FOR ~PRIL 9, 1979 ~T 7 :00 P.M. ~ND TO EST~BLISH THE NEIGHBORHOOD BOUND~IES ~S ONE MILE R~DIUS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : Nays : ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor . None. Council Member Mann . The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard at this time. Maurice Jones, 5020 S. Washington, appeared before Council and requested a report on the status of the Duncan Park project. Council Manager McCown stated no action has been recommended for the project at the present. Mr. McCown • I • \ ( • February 20, 1979 Page 3 • • • stated no funds will be allocated for the project until Council decides what development would be best for the park . Counci l r equested d iscuss i on of the Dunca n Park project be placed on the study s e ssion age nd a for March 12, 1979. * * * * * * "Communi cations -No A.ction Recommended " on the agenda were received; (a) (b) (c) (d) (e) Min ute s of th e Planning and Zoning Commission mee ting of January 3, 1979. Minutes o f th e Library Board meeting of February 6, 1979 . Minutes of the Parks and Recreation Commission meeting o f Februa ry 8, 19 79. Memorandum f rom the Director of Engineering Services to the A.ssistant City Manager concerning Paving District sched ules. Memo r andum from the City Manager to City Council conce rning b ee r and liquor outlets in the City of Englewood . City Man ager McCown stated item S(c) should be placed under "Commun ications -A.ction Recommended". COUNCILMA.N TO "COMMUNIC~TIONS - seconded the motion. resulted as follows: ~yes : Nays : ~bsent : Ht..RPER MOVED TO MOVE t..GENDA. ITEM S (C) ~CTION RECOMMENDED". Councilman Weber Upon a c a l l o f the r o ll, the vote Council Members Weber, Smith, Harper, Clayton, Will i ams, Taylor . None. Council Member Mann . The Mayor declared the motion carried . • I • • • February 20, 1979 Page 4 • • • ~ssistant City Manager Jim Cu rn e s appeared before Council and presented the minutes of the Parks and Recreation Connnission meeting of February 8, 1979 and the "Senior Citizens ~dvisory Connnittee Organization and Procedures" contained therein. Mr. Curnes stated all information concerning this Committee's activities will come to Council through the Parks and Recreation Commission. City ~ttorney Berardini noted that according to the Charter, Council may be required to establish such a committee by ordinance and to authorize the Parks and Recreation Commission to make appointments to the committee. City ~ttorney Berardini requested that he be allowed time to review the matter further. COUNCILM~N SMITH MOVED TO POSTPONE THIS M~TTER UNTIL THE NEXT REGUL~ COUNCIL MEETING ~D REQUESTED THE CITY ~TTORNEY TO REVIEW IT ~D REPORT B~CK TO COUNCIL ~T TH~T TIME. Council- man Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays : ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * BY ~UTHORITY COUNCIL BILL NO. 6, SERIES OF 1979 INTRODUCED ~S ~ BILL BY COUNCILM~N WEBER ORDIN~CE NO. 7, SERIES OF 1979 ~N ORDIN~CE V~C~TING THE ~LLEY IN BLOCK 9, J~CKSON'S BRO~DW~Y HEIGHTS, CITY OF ENGLEWOOD, COUNTY OF ~R~P~OE, COLOR~DO. COUNCILM~N WEBER MOVED TO P~SS COUNCIL BILL NO. 6 SERIES OF 1979 ON FIN~L RE~DING. Councilman Clayton seconded the motion. Upon a call of the roll, th~ vote resulted as follows: • I • - ( • February 20, 1979 Page 5 <\yes : Nays: <\bsent : • • • Council Members Weber, Smith, Harper, Clayton, Williams, Taylor . None . Council Member Mann . The May or declared the motion carri d. ORDIN<\NCE NO. 8 SERIES OF 1979 * * * * * * BY <\UTHORITY COUNCIL BILL NO. 7 INTRODUCED BY COUNCILM <\N H<\RPER <\N ORDIN<\NCE <\MENDING SECTIONS 16 <\NO 1 7, CH<\PTER 3, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIP<\L CODE REL<\TING TO THE COST OF REP<\IRS OR REPLACEMENT OF W<\T ER METERS, SIZE OF W<\TER METERS IN THE EVENT OF CH<\NGE OF USE, <\NO DELINQUENT W<\TER BILLS. COUNCILM<\N H<\RPER MOVED TO P<\SS COUNCIL BILL NO. 7 ON FIN<\L RE<\DING. Councilman Webe r seconded the motion. City Manager McCown appeared before Council and dis- cussed two items that the above ordinance would change. The first item involves changing the billing cycle from 15 days to 30 days. Mr. McCown noted the ordinance establishing the billing cycle for sewer bills would also have to be changed if Council wants to chang e the cycl e fo r water bills . Mr. McCown explained the billing process as i s presently practiced on the 15 day billing cycle versus the proposed 30 day. Mr. McCown stated such a change would have a mino r impact on the City's cash flow . Mr. McCown discussed the second item which requires sending notices of delinquent bills by certified mail to the owner. Mr. McCown stated the cost of sending approximately 250- 300 notices would cost an additional $6,000 per year and the mail- ed notices would not be the final ste8 . The bills would be turned over to Henry Morgan of the Utilit es epartment who would make every effort through personal contact to get people to pay their bills. Mr. McCown recomm ended that Council adopt notifying the customer of a delinquen t bill either by mail or by person al service • • I • - • • February 20, 1979 Page 6 • • • Councilman Weber stated he preferred tieing in personal service with certified mail. When Mr. Morgan is unable to personally contact the customer, the City can send notices to them by certified mail. Mayor Taylor stated he felt contact through personal service should continue because, in some cases, personal contact is more effective in getting people to pay their bills than notices by mail. Mayor Taylor also stated he preferred the 15 day billing cycle rather than extending the period to 30 days. Mayor Taylor stated only under unusual circumstances should a customer not be able to pay his bill and the City is generally willing to make some kind of arrangements for payment. City Manager McCown recommended 1) the billing cycle be left at 15 days; 2) one method of notifying customers be adopted; 3) and that a policy concerning delinquent bills be drafted and approved by Council. Councilman Weber stated he favored the 30 day bill- ing cycle thereby giving the customer more time to pay his bill or make arrangements with the City for payment. Upon a call of the roll, the vote resulted as follows: 6,yes: Nays: 6,bsent : Council Members Weber, Smith, Harper, Clayton, Williams. Mayor Taylor. Council Member Mann. The Mayor declared the motion carried. ORDIN6,NCE NO. 9 SERIES OF 1979 * * * * * * BY WTHORITY COUNCIL BILL NO. 8 SERIES OF 1979 INTRODUCED BY COUNCILM6,N SMITH 6,N ORDIN6,NCE 6,MENDING CH6,PTER 9, TITLE V, OF THE 1969 ENGLEWOOD MUNICIP6,L CODE REL6,TING TO RETIREMENT. COUNCILM6,N SMITH MOVED TO P6,SS COUNCIL BILL NO. 8, SERIES OF 1979 ON FIN6,L RE6,DING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • ( • February 20, 1979 Page 7 I\ yes: Nays : 1\bsent: • • - Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann . The Mayor declar ed the motion carried. ORDIN~CE NO. 10 SERIES OF 1979 * * * * * * BY <\UTHORITY COUNCIL BILL NO. 9 INTRODUCED BY COUNCILM<\N HI\RPER 1\N ORDIN~CE ~PROVING 1\N 1\GREEMENT BET WEEN THE CITY OF ENGLEWOOD, COLORI\00 1\ND THE CITY 1\ND COUNTY OF DENVER, COLORI\DO, FOR THE TRI\NSMISSION, TREI\TMENT , ~~D DISPOS<\L OF SEW<\GE FROM CERTI\IN PORTIONS OF NORTHE<\ST ENGLEWOOD. COUNCILMI\N HI\RPER MOVED TO PI\SS COUNCIL BILL NO. 9 ON FIN<\L REI\DING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : <\yes: Nays: <\bsen t: Council Members Webe r , Smith, Harper, Clayton, Williams, Taylor. None. Counc il Member Mann. The Mayor declared the motion carried . ORDIN~CE NO. ll SERIES OF 1979 * * * * * * BY <\UTHORITY COUNCIL BILL NO. 5 INTRODUCED BY COUNCILM<\N CL<\YTON 1\N ORDIN 1\NCE <\PPROVING <\N 1\GREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORI\00, THE URB~ DRI\IN<\GE ~D FLOOD CONTROL DISTRICT, 1\ND THE CITY OF GREENWOOD VILLI\GE, COLORI\DO, REG<\RDING 1\ FEI\SIBILITY STUDY FINI\L DESIGN, ~D RIGHT-OF-WI\Y <\CQUISITION FOR Il~ROVEMENTS ON LITTLE DRY CREEK TO REDUCE POSSIBLE FLOODING WITHIN CERTI\IN 1\REI\S IN THE CITY OF ENGLEWOOD. • I • • February 20, 1979 Page 8 • • • COUNCILM~N CL~YTON MOVED TO P~SS COUNCIL BILL NO. 5 ON FIN~L RE~DING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays : ~bsent : Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDIN~CE NO. SERIES OF 1979 * * * * * BY ~UTHORITY ~ BILL FOR COUNCIL BILL NO. 10 INTRODUCED BY COUNCILM~N H~RPER ~N ORDIN~CE ~NEXING .910 ~CRES , MORE OF LESS, ~S HEREIN~FTER MORE P~RTICUL~LY DESCRIBED, INTO THE CITY OF ENGLEWOOD, COLOR~DO. COUNCILM~N H~RPER MOVED TO P~SS COUNCIL BILL NO. 10 ON FIRST RE~DING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : Nays: ~bsent : Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDIN~CE NO. SERIES OF 1979 * * * * * * BY ~UTHORITY ~ BILL FOR COUNCIL BILL NO. 10 INTRODUCED BY COUNCILM\N H~RPER ~N ORDIN~CE ~NDING TITLE V OF THE '69 ENGLEWOOD MUNICIP~L CODE REL~TING TO M~TERNITY LE~VES ~D LE\VES OF ~BSENCE • I • • • • February 20, 1979 Page 9 • • • COUNCILM~ H~RPER MOVED TO P~SS COUNCIL BILL NO. 11 ON FIRST RE~DING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays: ~bsent: Council Members Weber, Smith Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor d eclared the motion carried. * * * * * * ~ssistant City Manager Curnes appeared before Council and presented the suppleme nt A<>reement between the City of Englewood, a Colorado municipal corporation, and the Englewood Employees ~ssociation relating to ~rticle 6, 12, and 18. COUNCILM~N CL~YTON MOVED TO ~PPROVE THE SUPPLEMENT ~GREEMENT WITH THE ENGLEWOOD EMPLOYEES ~SSOCI~TION ~D TO ~UTHORIZE THE M~YOR TO SIGN THE ~GREEMENT. Councilman Weber seconded the motion. Upon a call of the roll, the vote re- sulted as follows: ~yes: Nays : ~bsent : Council Members Weber, Smith, Herper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried . * * * * * * City ~ttorney Berard ini transmi tted copies of a memo- randum from ~ssistant City ~ttorney DeWitt concerning the five annexations to the City that took place in the later part of 1978 and the first part of 1979 . Mr. Berardini explained the annexations involved the bringing into Englewood unincorporated territories that were previously subjected to certain tax levies by special districts. Mr. Berardini stated Council is required by law to petition the Court to remove these properties from the tax of the special districts and that he had prepared the appropriate resolutions should Council want to consider them at this meeting • • I • - • February 20 , 1979 Page 10 • • - Councilman Smith suggested that Council consider the resolutions at this meeting for the purpose of expediency. RESOLUTION NO. 8, SERIES OF 1979 ~ RESOLUTION REL~TING TO THE DOUBLE T6JC!\TION OF TERRITORY WITHIN THE CITY OF ENGLEWOOD RESULTING FROM THE OVERL~PING OF SERVICES .PROVIDED BY THE LOC~L GOVERNMENTS ~D BEC~USE OF THE ~NEX!\TION ~S IT REL~TES TO THE LITTLETON FIRE PROTECTION DISTRICT. COUNCILM~N CL~YTON MOVED TO P~SS RESOLUTION NO. 8, SERIES OF 1979. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: !\yes : Nays: ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 9, SERIES OF 1979 ~ RESOLUTION REL~TING TO THE DOUBLE T6JC!\TION OF TERRITORY WITHIN THE CITY OF ENGLEWOOD RESULT I NG FROM THE OVERL~PING OF SERVICES PROVIDED BY THE LOC~L GOVERNMENTS ~D BEC!\USE OF THE ~NEX~TION ~S IT REL~TES TO THE SOUTH SUBURB~ METROPOLIT~ RECRE~TION ~D P~RK DISTRICT. COUNCILM~N CL~YTON MOVED TO P~SS RESOLUTION NO. 9 SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : Nays : ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9:20 p.m. The Council reconvened at 9 :30 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present : • I • • \.1 • Fe b ruary 20, 1979 P age ll • • • Co u n cil Members Williams, Weber, Smith, Harper , Cl a yton, Taylor . &.bs ent: Council Member Mann. Th e Mayor declared a quorum present. * * * * * * &.dm inistrative ~ssistant Brown appeared before Counc il and p resen ted a memorandum concerning the 19 79 Tra ining Pro g r am . Mr . Brown stated the 1979 training pro po sals f or t he general employees will continue to em - phas i z e saf ety . The Fire Department will center arou nd the p r oposed sta t e certification program as a guide i n tra i n i ng fir e fighters and additional medical training wi ll b e given so that all firefightPrs will be EMT-trained a t th e end of the year. The Police u~~a rtment will provide s ki l l d evelopment training for all positions and the trainin g f or supervis o ry and management positions will be on program planning , implementation and evaluation plus personnel su p er -vi s i on a nd evaluation . &.dministrative ~ssistant Brown requested Council 's app r o val for the proposed 1979 Training Program and the out - o f -sta te travel i n volved for a maximum expenditure for out-o f - state trips o f $4,000 each f or the general employees progr a m a nd the fire department program and a maximum of $4,5 00 f or t he p o licy d e par tment program . COU N CILM~ SMITH MOVED TO ~PPROVE THE MEMOR~D UM &.DD RESSED TO JIM CURNES FROM HUGH BROWN D~TED J~U~Y 31, 19 79 WHICH IS THE 1979 TR&.INING PROGR~ ~D TO GIVE THE ~UTHO R IZ&. TION FOR THE OUT-OF-TOWN TRIPS SELECTED BY MR . BROWN . Councilman Harper seconded the motion. Upon a call of the roll, the v o te resulted as follows: &.yes : Council Members Weber, Smith, Harper, Clayton, Williams , Taylor. Nays: None. &.bsent: Council Member Mann. The Mayor declared the motion carried. * * * * * * • I • • • February 20, 1979 Page 12 • • • City Manager McCown presented a memorandum from him- self to the Mayor and Members of City Council concerning the bids on the Court/Council facility. Mr. McCown recommended that Council award the bid to Maranatha Construction Company in the amount of $113,949. Mr. McCown stated the budget allowance for the project is $148,000. COUNCILM~N WILLI~S MOVED TO ~CCEPT THE LOW BID FROM M~R~~TH~ CONSTRUCTION COMP~Y PLUS ~LL OTHER ITEMS TH~T ~RE REL~TED TO THE REMODELING OF THE COURT/COUNCIL F~CILITY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays : ~bsent: Council Members Smith, Harper, Clayton, Williams, Taylor. Council Member Weber. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Parks and Recreation to the City Manager concerning a request to attend the National Recreation and Parks ~ssociation Midwest Regional Conference, ~pril 22-24, 1979 in Sioux Falls, South Dakota. COUNCILM~N H~RPER MOVED TO GR~NT PERMISSION FOR THE DIRECTOR OF P~RKS ~D RECRE~TION TO ~TTEND THE OUT-OF-ST~TE TRIP. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : Nays: ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams , Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * • I • -( (( • February 20, 1979 Page 1 3 • • • City Manager McCown announc ed he woul d be out-of- tow n the latter part of the week. Mr. Mco wn stated he would be attending and presiding as President at the Colorado State City Manager's Conference in Boulder . Mr. McCown stated Mr . Curnes and Mr. Waggoner would be ava ilable during his absence. * * * * * * Mayor Taylor opened discussion on a memorandum from t he Direct or of Utilities Fonda concerning froze n water service lines . COUNCILM~N SMITH MOVED TO DIRECT THE CITY ~TTORNEY TO PRE P~RE ~ ORDIN~CE WITH ~N EMERGENCY CL~USE PREVENTING THE USE OF WELDING EQUIPMENT FOR THE TH~WING OF PIPES DUE TO THE FIRE H~Z~RD. Councilman Web e r seconded to motion. Upo n a call of the rol l, th e vote r esult ed as follows: ~yes: Council Members ... .:ber, Smith, Harper, Clayt on, Williams, Taylor . Nays: None ~bsent: Council Member Mann . The Mayor declared the motion carried . COUNCILM~N SMITH MOVED TO DIRECT THE CITY ~TTORNEY TO MEET WITH DIRECTOR OF UTILITIES FOND~ ~D PREP~RE ~ ORDIN~CE REMOVING THE SECTION IN THE CODE TH~T REQUIRES ~ RESIDENT TO HIRE ~ PLUMBER TO REPL~CE THE W~TER PIPE FROM THE M~IN TO THE HOUSE. Councilman Clayton secon ded the motion. Upo n a call of the roll, the vote resulted as follows: ~yes: Nays: ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann . The Mayor declared the motion carried. THE COUNCILM~N CL~YTON MOVED TO REQUEST THE CITY M~~GER TO H~VE THE COMMUNI Y DEVELOPMENT DEP~TMENT OR THE HOUSING ~UTHOR ITY, WHICHEVER IS JUDGED TO BE THE PROPER ENTITY, TO LOOK INTO THE POSSIB ILITY OF H~DLING ~DDITION~L HOME IMPROVEMENTS WHICH WOULD INCLUDE THE REPL~CEMENT OR REP~IR OF W~TER LINES ~S NECESS~RY ~D TO PROPOSE TO THE CITY COUNCIL ~ METHOD OF FI ~CING . Councilman Sm ith s e conded the motion • D I • • n • February 20 , 1979 Page 14 • • - Councilman Smith reques ted that Director of Utilities Fonda appear before Council and d i scuss what methods of financing the home owner could use in order to cover the costs of repair- ing or replacing water lines. Director Fonda discussed the non- subsidized financing through banks and subsidized financing through the City. Director Fonda stated the loans subsidized by the City would be limited because of the availability of funds; but, in most cases, would provide a loan with a reasonable interest rate if the home owner wanted to re-do the service lines. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. Council discussed the feasibility of adopting a program whereby the City would be responsible financially for the repair of water lines from the house to the main line. Director Fonda recommended if Council decides not to take over the responsihility that a program be adopted whereby the City would take bids from plumbers to do work on 20 -30 taps at a time as people would be interested in lowering their lines. Director Fonda suggested that the City would act as the agent to coordinate it. Council decided such programs need to undergo further scrutiny before any decision is made. Dir e ctor Fonda requested Council's cons i deration in r em oving the requirement that a tap fee be charged when a 5/8 inch tap is converted to 3/4 inch. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ~TTORNEY TO PREPARE AN ORDINANCE REMOVING THE TAP FEES FOR THE CON- VERSION AND THAT THE ORDINANCE NOT BE MADE RETROACTIVE. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : • I • / • • • • February 20, 1979 Page 15 ~yes : Nays: ~bstain : ~bsent : Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Member Weber. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILM~ CL~YTON MOVED TH~T ~LETTER BE WRITTEN, SIGNED BY THE M~YOR ~D SENT TO MR. ~D MRS. JOHN KREILING EXPRESSING COUNCIL'S UNDERST~DING, CONDOLENCES ~D SYMP~THY FOR THE DE~TH OF THEIR SON. Councilman Harper seconded the motion. Upon a call of the roll, th e "Ote resulted as follows: ~yes: Nays: ~bsent : Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann . The Mayor declared the mot i on carried . * * * * * * Mayor Taylor announced the next Council meeting will be March 12, 1979 instead of March 5, 1979 because three councilmen will be out-of-town and there will be no quorum . * * * * * * There was no further business to be discussed. * * * * * * COUNCILM~N WILLI~S MOVED TO ~DJOURN THE MEETING. 10 :20 p.m. Mayor Taylor adjourned the meeting without a vote at • I • • • • • • COUNCIL CHruMBERS CITY OF ENGLEWOOD, COLOR~DO February 20, 1979 REGUL~ MEETING : I~ The City Council of the City of Englewood, ~rapahoe County, Colorado met in regular session on February 20, 1979 at 7 :30 p.m. The invocation was given by Reverend Roland ~ndrews, Grace Baptist Church, 4200 South ~coma Street. The Pledge of ~llegiance was led by Boy Scout Troop #154. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Taylor. ~bsent : Council Member Mann. The Mayor declared a quorum present. ~lso present were : * * * * * * City Manager McCown ~ssistant City Manager Curnes City ~ttorney Berardini Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCILM~N SMITH MOVED TO ~PPROVE THE MINUTES OF THE REGUL~ MEETING OF FEBRU~RY 5, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays: ~bstain : ~bsent : Council Members Weber, Smith, Harper, Clayton, Williams. None. Mayor Taylor. Council Member Mann. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor George Greer, Littleton/Englewood Recycling, Inc. appeared before Council and gave a status report • I • • February 20, 1979 Page 2 • • .. on the recycling program. Mr. Greer submitted literature on the plant's operation and invited Council to visit the plant to see how the operation works. Mr. Greer stated the program will be expanding to include free pick up service in Sheridan, Greenwood Village and Cherry Hills. In answer to Councilman Weber's question, Mr. Greer stated no funds will be requested from these communities unless a specific type of equipment is needed to service the area. * * * * * * Pre-scheduled visitor Sid Overton, attorney, 3333 South Bannock , appeared before Council and presented an application for a hotel/restaurant liquor licence for Mr. and Mrs. Daghlian dba Paul's Restaurant and Pizzeria, 3542 South Fox Street. Mr. Overton requested that Council set a public hearing date and establish neighborhood boundaries relative to the application. COUNCILM~N SMITH MOVED TO SET THE PUBLIC HE~ING D~TE FOR MR. ~D MRS. D~GHLI~ DB~ P~UL'S REST~UR~T ~D PIZZERI~. 3542 SOUTH FOX STREET FOR ~PRIL 9, 1979 ~T 7 :00 P.M. ~D TO EST~BLISH THE NEIGHBORHOOD BOUND~IES ~S ONE MILE R~DIUS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : Nays : ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried, * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard at this time. Maurice Jones, 5020 S. Washington, appeared before Council and requested a report on the status of the Duncan Park project. Council Manager McCown stated no action has been recommended for the project at the present. Mr. McCown I • • c • February 20, 1979 Page 3 • • • stated no funds will be allocated for the project until Council decides what developmen t would be best for the park. Council requ ested discussion of the Duncan Park project be placed on the study session agenda for March 12, 1979. * * * * * * "Communications -No !\ction Recommended" on the agenda were received: (a) (b) (c) (d) (e) Minut es of the Planning and Zoning Commission meeting of January 3, 1979. Minutes of the Library Board meeting of February 6, 1979. Minutes of the Parks and Recreation Commission meeting of February 8, 1979. Memorandum from the Director of Engineering Services to the !\ssistant City Manager concerning Paving District schedules. Memorandum f rom the City Manager to City Council concerning beer and liquor outlets in the City of Englewood. City Manager McCown stated item S(c) should be placed under "Communications -!\ction Recommended". COUNCILM!\N TO "COMMUNIC!\TIONS - seconded the motion. resulted as follows: ~yes: Nays: !\bsent : H!\RPER MOVED TO MOVE !\GEND~ ITEM S(C) !\CTION RECOMMENDED". Councilman Weber Upon a call of the roll, the vote Council Members Weber, Smith , Harper, Clayton, Williams, Taylor. Non e . Counc il Member Mann. The Mayor declared the motion carried. I • • Febru ary 20 , 1979 Page 4 • • • ~ssistant City Manager Jim Curnes appeared before Council and presented the minutes of the Parks and Recreation Commission meet i ng of February 8, 1979 and the "Senior Citizens ~dvisory Commit t ee Organization and Procedures" contained therein. Mr. Curnes stated all information concerning this Committee's activities will come to Council through the Parks and Recreation Commission. City ~ttorney Berardini noted that according to the Charter, Council may be required to establish such a committee by ordinance and to authorize the Parks and Recreation Commission to make appointments to the committee. City ~ttorney Berardini requested that he be allowed time to review the matter further. COUNCILM~ SMITH MOVED TO POSTPONE THIS M~TTER UNTIL THE NEXT REGULruR COUNCIL MEETING ~D REQUESTED THE CITY ~TTORNEY TO REVIEW IT ~D REPORT MCK TO COUNCIL ~T TH~T TIME. Council- man Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : Nays: ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * BY ~UTHORITY COUNCIL BILL NO. 6, SERI ES OF 1 9 7 9 INTRODUCED ~S ~ BILL BY COUNC I LM~N WEBER ORDIN~CE NO. 7, SERIES OF 1979 ~ ORDIN~CE V~C~TING THE ~LLEY IN BLOCK 9, J~CKSON'S BRO~DW~Y HEIGHTS , CITY OF ENGLEWOOD, COUNTY OF ~R~P~OE , COLOR~DO. COUNCILM~ WEBER MOVED TO P~SS COUNCIL BILL NO. 6 SERIES OF 1979 ON FIN~L RE~DING . Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: I • ( • February 20, 1979 Page 5 !\yes : Nays : A.bsent : • • - Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINA.NCE NO. 8 SERIES OF 1979 * * * * * * BY A.UTHORITY COUNCIL BILL NO. 7 INTRODUCED BY COUNCILMA.N HA.RPER A.N ORDINA.NCE A.MENDING SECTIONS 16 !\NO 1 7, CHA.PTER 3, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPA.L CODE RELA.TING TO THE COST OF REPA.IRS OR REPLACEMENT OF W!\TER METERS, SIZE OF W!\TER METERS IN THE EVENT OF CHA.NGE OF USE, A.ND DELINQUENT WA.TER BILLS. COUNCILM!\N HA.RPER MOVED TO PA.SS COUNCIL BILL NO. 7 ON FINA.L REA.DING. Councilman Weber seconded the motion. City Manager McCown appear ed before Council and dis- cussed two items that the above ordinance would change. The first item involves changing the billing cycle from 15 days to 30 days. Mr. McCown noted the ordinance establishing the billing cycle for sewer bills would also have to be changed if Council wants to change the cycle for water b ill s. Mr. McCown explained the billing process as is presently practiced on the 15 day billing cycle versus the proposed 30 day. Mr. McCown stated such a change would have a minor impact on the City's cash flow. Mr. McCown discussed the second item which requires sending notices of delinquent bills by certified mail to the owner. Mr. McCown stated the cost of sending approximately 250- 300 notices would cost an additional $6,000 per year and the mail- ed notices would not be the final step. The bills would be turned over to Henry Morgan of the Utilites Dep artment who would make every effort through persona l contact to get people to pay their bills. Mr. McCown recommended that Council adopt notifying the customer of a delinquent bill either by mail or by personal service. • I • - February 20, 1979 Page 6 • • • Councilman Weber stated he preferred tieing in personal service with certified mail. When Mr. Morgan is unable to personally contact the customer, the City can send notices to them by certified mail. Mayor Taylor stated he felt contact through personal service should continue because, in some cases, personal contact is more effective in getting people to pay their bills than notices by mail. Mayor Taylor also stated he preferred the 15 day billing cycle rather than extending the period to 30 days. Mayor Taylor stated only under unusual circumstances should a customer not be able to pay his bill and the City is generally willing to make some kind of arrangements for payment. City Manager McCown recommended l) the billing cycle be left at 15 days; 2) one method of notifying customers be adopted; 3) and that a policy concerning delinquent bills be drafted and approved by Council. Councilman Weber stated he favored the 30 day bill- ing cycle thereby giving the customer more time to pay his bill or make arrangements with the City for payment. Upon a call of the roll, the vote resulted as follows: ~yes: Nays: ~bsent : Council Members Weber, Smith, Harper, Claytoq, Williams. Mayor Taylor. Council Member Mann. The Mayor declared the motion carried. ORDIN~CE NO. 9 SERIES OF 1979 * * * * * * BY ~UTHORITY COUNCIL BILL NO. 8 SERIES OF 1979 INTRODUCED BY COUNCILM~ SMITH ~ ORDIN~CE ~ENDING CH~TER 9, TITLE V, OF THE 1969 ENGLEWOOD MUNICIP~L CODE REL~TING TO RETIREMENT. COUNCILM~ SMITH MOVED TO P~S COUNCIL BILL NO. 8, SERIES OF 1979 ON FIN~L RE~DING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • - • February 20, 1979 Page 7 ~yes: Nays: ~bsent: • • • Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDIN~CE NO. 10 SERIES OF 1979 * * * * * * BY <\UTHORITY COUNCIL BILL NO. 9 INTRODUCED BY COUNCILM~ H~RPER ~N ORDIN~CE ~PROVING ~ ~GREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLOR<\00 ~D THE CITY ~D COUNTY OF DENVER, COLOR~DO. FOR THE TR~SMISSION, TRE~TMENT, ~D DISPOS~L OF SEW~GE FROM CERT~IN PORTIONS OF NORTHE~ST ENGLEWOOD. COUNCILM~N H<\RPER MOVED TO P~SS COUNCIL BILL NO. 9 ON FIN~L RE~DING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays: ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDIN~CE NO. ll SERIES OF 1979 * * * * * * BY ~UTHORITY COUNCIL BILL NO. 5 INTRODUCED BY COUNCILM~N CL~YTON ~N ORDIN~CE ~PROVING ~ ~GREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLOR~DO. THE URB~ DR~IN~GE ~D FLOOD CONTROL DISTRICT, ~D THE CITY OF GREENWOOD VILL~GE, COLOR~DO. REG<\RDING <\ FE~SIBILITY STUDY FIN<\L DESIGN, ~D RIGHT-OF-W~Y <\CQUISITION FOR I~~ROVEMENTS ON LITTLE DRY CREEK TO REDUCE POSSIBLE FLOODING WITHIN CERT~IN <\RE~S IN THE CITY OF ENGLEWOOD • I . - • February 20, 1979 Page 8 • • • COUNCILM~ CL~YTON MOVED TO P~SS COUNCIL BILL NO. 5 ON FIN~L RE~DING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays: ~bsent : Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDIN~CE NO. SERIES OF 1979 * * * * * BY ~UTHORITY ~ BILL FOR COUNCIL BILL NO. 10 INTRODUCED BY COUNCILM~N H~PER ~ ORDIN~CE ~NEXING .910 ~CRES, MORE OF LESS, ~S HEREIN~FTER MORE P~TICUL~LY DESCRIBED, INTO THE CITY OF ENGLEWOOD, COLOR~DO. COUNCILM~N H~PER MOVED TO P~SS COUNCIL BILL NO. 10 ON FIRST RE~DING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays : ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDIN~CE NO. SERIES OF 1979 * * * * * * BY ~UTHORITY ~ BILL FOR COUNCIL BILL NO. 10 INTRODUCED BY COUNCILM~ H~PER ~ ORDIN~CE ~NDING TITLE V OF THE '69 ENGLEWOOD MUNICIP~ CODE REL~TING TO M~TERNITY LE~VES ~D LE~VES OF ~BSENCE • I . • February 20, 1979 Page 9 • • .. COUNCILM~ HARPER MOVED TO P~SS COUNCIL BILL NO. 11 ON FIRST RE~DING. Councilman Clayton secon ded the motion. Upon a call of the roll, the vote resulted as follow s: ~yes : Nays: ~bsent: Council Members Weber, Smith Harper, Clayton, Will iam s, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * ~ssistant City Manager Curnes appeared before Council and presented the suppleme nt rt e r eement between the City of Englewood, a Colorado municipal corporation, and the Englewood Employees ~ssociat i on relating to ~rticle 6, 12, and 18. COUNCILM~N CL~YTON MOVED TO ~PPROVE THE SUPPLEMENT ~GREEMENT WITH THE ENGLEWOOD EMPLOYEES ~SSOCI~TION ~D TO ~UTHORIZE THE M~YOR TO SIGN THE ~GREEMENT. Counc ilman Weber seconded the motion. Upon a cal l of the roll, the vote re- sulted as follows: ~yes: Nays : ~bsent : Council Members Weber, Smith, Hqrper, Clayton, Williams, Taylor . None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City ~ttorney Berardini tr ansmitted copies of a memo- randum from ~ssistant City ~ttorney DeWitt concerning the five annexations to the City that took place in the later part of 1978 and the first part of 1979. Mr. Berardini explained the annexations involved the bringing into Englewood unincorporated territories that were prev iously subjected to certain tax levies by special districts. Mr. Berardini stated Council is required by law to petition the Court to remove these properties from the tax of the special districts and that he had prepared the appropriate resolutions should Council want to consider them at this meeting • • I • • February 20, 1979 Page 10 • • - Councilman Smith suggested that Council consider the resolutions at this meeting for the purpose of expediency. RESOLUTION NO. 8, SERIES OF 1979 ~ RESOLUTION REL~TING TO THE DOUBLE T~~TION OF TERRITORY WITHIN THE CITY OF ENGLEWOOD RESULTING FROM THE OVERL~PING OF SERVICES .PROVIDED BY THE LOC~L GOVERNMENTS ~D BEC~USE OF THE ~NEX~TION ~S IT REL~TES TO THE LITTLETON FIRE PROTECTION DISTRICT. COUNCILM~ CL~YTON MOVED TO P~SS RESOLUTION NO. 8, SERIES OF 1979. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays : ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 9, SERIES OF 1979 ~ RESOLUTION REL~TING TO THE DOUBLE T~~TION OF TERRITORY WITHIN THE CITY OF ENGLEWOOD RESULTING FROM THE OVERL~PING OF SERVICES PROVIDED BY THE LOC~L GOVERNMENTS ~D BEC~USE OF THE ~NEX~TION ~S IT REL~TES TO THE SOUTH SUBURB~ METROPOLIT~ RECRE~TION ~D P~RK DISTRICT. COUNCILM~ CL~YTON MOVED TO P~SS RESOLUTION NO. 9 SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays : ~bsent : Council Members Weber, Smith , Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9 :20 p.m. The Council reconvened at 9:30 p.m. Mayor Taylor asked for roll call. Upon a call of the roll , the following were present: • I • - • • ( • February 20, 1979 Page 11 • • • Council Members Williams, Weber, Smith, Harper, Clayton, Taylor. \bsent : Council Member Mann. The Mayor declared a quorum present. * * * * * * !l.dministrative \ssistant Brown appeared before Council and presented a memorandum concerning the 1979 Training Program. Mr. Brown stated the 1979 training proposals for the general employees will continue to em- phasize safety. The Fire Department will center around the proposed state certification program as a guide in training firefighters and additional medical training will be given so that all firefighters will be EMT-trained at the end of the year. The Polic~ ULyartment will provide skill development training for all positions and the training for supervisory a~d management positions will be on program planning, implementation and evaluation plus personnel super- vision and evaluation. !l.dministrative \ssistant Brown requested Council's approval for the proposed 1979 Training Program and the out- of-state travel involved for a maximum expenditure for out-of- state trips of $4,000 each for the general employees program and the fire department program and a maximum of $4,500 for the policy department program. COUNCILM\N SMITH MOVED TO \PPROVE THE MEMOR\NDUM \DDRESSED TO JIM CURNES FROM HUGH BROWN D\TED J\NU\RY 31, 1979 WHICH IS THE 1979 TR\INING PROGR\M \ND TO GIVE THE \UTHORIZ\- TION FOR THE OUT-OF-TOWN TRIPS SELECTED BY MR. BROWN. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: \yes : Nays: \bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried • * * * * * * • • I • • February 20, 1 9 79 Page 1 2 • • • City Man ager McCown presented a memorandum from him- se lf to the Ma yo r an d Members of City Council concerning the b id s on th e Cour t/Counc i l facility. Mr. McCown recommended that Counci l award the bid to Maranatha Construction Company in the amount of $1 13 ,949. Mr. McCown stated the budget allowance for the project is $148,000. COUNCILM~ WILLI~ MOVED TO ~CCEPT THE LOW BID FROM M~~~TH~ CONSTRUCTION COMP~Y PLUS ~LL OTHER ITEMS TH~T ~RE REL~TED TO THE REMODELING OF THE COURT/COUNCIL F~CILITY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : Nays : ~bsent : Council Members Smith, Harper, Clayton, Williams, Taylor. Council Member Weber. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Parks and Recreation to the City Manager concerning a request to attend the National Recreation and Parks ~ssociation Midwest Regional Conference, ~pril 22-24, 1979 in Sioux Falls, South Dakota. COUNCILM~N H~RPER MOVED TO GR~T PERMISSION FOR THE DIRECTOR OF P~RKS ~D RECRE~TION TO ~TTEND THE OUT-OF-ST~TE TRIP. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : Council Members Weber, Smith , Harper, Clayton , Williams, Taylor. Nays : None. ~bsent: Council Member Mann. ; ~ . The Mayor declared the motion carried. * * * * * * • I . c • February 20, 1979 Page 13 • • • City Manager McCown announced he would be out-of- town the latter part of the week. Mr. Mcown stated he would be attending and presiding as President at the Colorado State City Manager's Conference in Boulder. Mr. McCown stated Mr. Curnes and Mr. Waggon .er would be available during his absence. * * * * * * Mayor Taylor opened d i scussion on a memorandum from the Director of Utilities Fonda concerning frozen water service lines. COUNCILM~N SMITH MOVED TO DIREC T THE CITY ~TTORNEY TO PREP~E ~ ORDIN~CE WITH ~ EMERGENCY CL~USE PREVENTING THE USE OF WELDING EQUIPMENT FOR THE TH~WING OF PIPES DUE TO THE FIRE H~Z~D. Councilman Weber seconded to motion. Upon a call of the rol l, the vote resulted as f ollows: ~yes : Nays: ~bsent: Council Members w~ber, Smith, Harper, Clayton, Wi lliams, Taylor. None Council Member Mann. The Mayor declared the motion carried. COUNCILM~N SMITH MOVED TO DIRECT THE CITY ~TTORNEY TO MEET WITH DIRECTOR OF UTILITIES FON D~ ~D PREP~E ~ ORDIN~CE REMOVING THE SECTION IN THE CODE TH~T REQUIRES ~ RESIDENT TO HIRE ~ PLUMBER TO REPL~CE THE W~TER PIPE FROM THE M~IN TO THE HOUSE. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays : ~bsent : Council Member s Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the moti on carried. THE COUNCILM~N CL~YTON MOVED TO REQUEST THE CITY M~~GER TO H~VE THE COMMUNITY DEVELOPMENT DEP~TMENT OR THE HOUSING ~UTHORITY, WHICHEVER IS JUDGED TO BE THE PROPER ENTITY, TO LOOK INTO THE POSSIBILITY OF H~DLING ~DDITION~L HOME IMPROVEMENTS WHI CH WOULD INCLUDE THE REPL~CEMENT OR REP~IR OF W~TER LINE S ~S NECESS~RY ~D TO PROPOSE TO THE CITY COUNCIL ~ METHOD OF FIN~C ING. Councilman Smith seconded the motion • I • • n • February 20, 1979 Page 14 • • - Councilman Smith requested that Director of Utilities Fonda appear before Council and discuss what methods of financing the home owner could use in order to cover the costs of repair- ing or replacing water lines. Director Fonda discussed the non- subsidized financing through banks and subsidized financing through the City. Director Fonda stated the loans subsidized by the City would be limited because of the availability of funds; but, in most cases, would provide a loan with a reasonable interest rate if the home owner wanted to re-do the service lines. Upon a call of the roll, the vote resulted as follows: ~yes: Nays: ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. Council discussed the feasibility of adopting a program whereby the City would be responsible financially for the repair of water lines from the house to the main line. Director Fonda recommended if Council decides not to take over the responsibility that a program be adopted whereby the City would take bids from plumbers to do work on 20 -30 taps at a time as people would be interested in lowering their lines. Director Fonda suggested that the City would act as the agent to coordinate it. Council decided such programs need to undergo further scrutiny before any decision is made. Director Fonda requested Council's consideration in removing the requirement that a tap fee be charged when a 5/8 inch tap is converted to 3/4 inch. COUNCILM~ SMITH MOVED TO DIRECT THE CITY ~TTORNEY TO PREP~E ~ ORDIN~CE REMOVING THE T~P FEES FOR THE CON- VERSION ~D TH~T THE ORDIN~CE NOT BE M~DE RETRO~CTIVE. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • 0 • c • February 20, 1979 Page 15 ~yes: Nays: ~bstain: ~bsent: The Mayor • • • Council Members Smith, Harper, Clayton, Williams, Taylor. None. Council Member Weber. Council Member Mann. declared the motion carried. * * * * * * COUNCILM~ CL~YTON MOVED TH~T ~LETTER BE WRITTEN, SIGNED BY THE M~YOR ~D SENT TO MR. ~D MRS. JOHN KREILING EXPRESSING COUNCIL'S UNDERST~DING, CONDOLENCES ~D SYMP~THY FOR THE DE~TH OF THEIR SON. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : Nays: ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried~ * * * * * * Mayor Taylor announced the next Council meeting will be March 12, 1979 instead of March 5, 1979 because three councilmen will be out-of-town and there will be no quorum. * * * * * * There was no further business to be discussed. * * * * * * COUNCILM~ WILLI~S MOVED TO ~DJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 10 :20 p.m. • • I • - • ( • • • • COUNCIL CHA.MBERS CITY OF ENGLEWOOD , COLOR~DO February 20, 1979 REGUL6.& MEETING: I~ The City Council of the City of Englewood, ~rapahoe County, Colorado met in regular session on February 20, 1979 at 7 :30 p.m. The invocation was eiven by Reverend Roland ~ndrews, Grace Baptist Chu rch , 4200 So uth ~coma Street . The Pledge of ~llegiance was led by Boy Scout Troop #154. Mayor Taylor asked for roll call . Upon a call of the roll, the follow i ng were present: Council Members l~illiams, Web er, Smith, Harper, Clayton, Taylor. ~bsent : Council Member Mann. The Mayor declared a quorum present. ~lso present wer e: * * * * * * City Manager McCo wn ~ssistant City Manager Curnes City ~ttorney Bera rd ini Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCILM~N SMITH MOVED TO ~PPROVE THE MINUTES OF THE REGUL6.& MEET ING OF FEBRU~RY 5, 1979 . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : Nays: ~bsta in: ~bsent : Council Members Weber, Smith, Harper, Clayton, Williams . None. Mayor Taylor . Council Member Mann. The Mayor declared the motion carried . * * * * * * Pre-sch duled visitor G org e Greer, Littleton/Englewood Recycl i ng, Inc. appeared before Council and gave a status report () I • • February 20, 1979 Page 2 • • • on the recycling program. Mr. Gr e er submitted literature on the plant's operation and invited Council to visit the plant to see how the operation works. Mr. Greer stated the program will be expanding to include free pick up service in Sheridan, Greenwood Village and Cherry Hills. In answer to Councilman Weber's question, Mr. Greer stated no funds will be requested from these communities unless a specific type of equipment is needed to service the area. * * * * * * Pre-scheduled visitor Sid Overton, attorney, 3333 South Bannock, appeared before Council and presented an application for a hotel/restaurant liquor licence for Mr. and Mrs. Daghlian dba Paul's Restaurant and Pizzeria, 3542 South Fox Street. Mr. Overton requested that Council set a public hearing date and establish neighborhood boundaries relative to the application. COUNCILM~N SMITH MOVED TO SET THE PUBLIC HE~RING D~TE FOR MR. ~D MRS. D~GHLI~ DB~ P~UL'S REST~UR~T ~D PIZZERI~. 3542 SOUTH FOX STREET FOR ~PRIL 9, 1979 ~T 7 :00 P.M. ~ND TO EST~BLISH THE NEIGHBORHOOD BOUND~IES ~S ONE MILE R~DIUS. Counc ilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: -\yes : Nays : ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard at this time. Maurice Jones, 5020 S. Washington, appeared before Council and requested a report on the status of the Duncan Park project. Council Manager McCown stated no action has been recommended for the project at the present. Mr. McCown • I • • • February 20, 1979 Page 3 • • • stated no funds will be allocated for the project until Council decides what developm e nt wou ld be best for the park . Counci l requ ested discussion of the Duncan Park project be placed on the s tu dy session agenda for March 12, 1979. * * * * * * "Communi cations - o <\ction Re commended" on the agenda were received: (a) (b) (c) (d) (e) Minut s of the Planning and Zoning Commission me eting of January 3, 1979 . Minut s of th e Lib rary Board meeting of F bru a ry 6, 1979 . Minu tes o f t he Pa rks and Recreation Commission me et i n g of Fe bruary 8, 1979. Hemor a ndum f rom the Director of Engineering Serv i c s t o th e <\ssistant City Manager concerning Pavin g Dis trict schedule s. M mor a ndum f rom the City Manager to City Council concerni ng be e r and liquor outlets in the City of Englewood . City Manag er McCown stated item S(c) should be placed under "Commu nications -!\ction Recommended". COUNCILM<\N TO "COMMUNIC<\TIONS - seconded the motion. resulted as follows: !\yes: Nays : !\bsent : H<\RPER MOVED TO MOVE <\GEND!\ ITEM S(C) <\CTION RECOMMENDED ". Councilman Weber Upon a call of the roll, the vote Council Members We b er , Smith, Harper , Clayton, Williams, Taylor. None. Council Member Man n. The Mayor declared the motion carried • • I • • - e • February 20, 1979 Page 4 • • • ~ssistant City Man age r Jim Cu rn es appeare d before Council and presented the minutes of the Parks and Recreation Commission meeting of February 8 , 1979 and the "Senior Citizens ~dvisory Committee Organization and Procedures" contained therein. Mr. Curnes stated all information concerning this Committee's activities will come to Council through the Parks and Recreation Commission. City ~ttorney Berardini noted that according to the Charter, Council may be required to establish such a committee by ordinance and to authorize the Parks and Recreation Commission to make appointments to the committee. City ~ttorney Berardini requested that he be allowed time to review the matter further. COUNCILM~ SMITH MOVED TO POSTPONE THIS M~TTER UNTIL THE NEXT REGUL~ COUNCIL MEETING ~D REQUESTED THE CITY ~TTORNEY TO REVIEW IT ~D REPORT B~CK TO COUNCIL ~T TH~T TIME. Council- man Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: <\yes: Nays: ~bsent : Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * BY ~UTHORITY COUNCIL BILL NO. 6 , SERI ES OF 1979 INTRODUCED ~S ~ BILL BY COUNCILM~N WEBER ORDIN~CE NO. 7, SERIES OF 1979 ~N ORDIN~CE V<\C~TING THE ~LLEY IN BLOCK 9, J~CKSON'S BRO~DW~Y HEIGHTS, CITY OF ENGLEWOOD , COUNTY OF ~R~P<\HOE, COLOR<\00. COUNCILM<\N WEBER MOVED TO P<\SS COUNCIL BILL NO. 6 SERIES OF 1979 ON FIN<\L RE<\DING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • - ( • February 20, 1979 Page 5 <\yes : Nays: A.bsent : • • - Council Members Weber, Smith, Harper, Clayt on, Williams, Taylo r. None . Council Membe r Ma nn. The Mayor declared th motion c arried . ORDIN <\NCE NO. 8 SERIES OF 1979 * * * * * * BY <\UTHORITY COUNCIL BILL NO. 7 INTRODUCED BY COUNCILM<\N H,\RPER A.N ORDIN,\NCE ,\MENDIN G SECTIONS 16 <\ND 17, CH<\PTER 3, TITLE XV, OF THE 1969 ENGL EWOOD MUNIC IP<\L CODE REL<\TING TO THE COST OF REP<\IRS OR aEPLACEMENT OF WA.TER METERS, SIZE OF WA.TER METERS IN THE EVENT OF CH<\NGE OF USE, <\ND DELINQUENT WA.TER BILLS . COUNCILMA.N H<\RPER MOVED TO PA.SS COUNCIL BILL NO . 7 ON FINA.L REA.DING. Cou ncilman Weber seconded the mo tion. City Man ager McCown appea r ed be f ore Council and dis - cussed two items that the a bov e ordinance would change. The first item involves changing the billing cycle f rom 15 days to 30 days. Mr. McCown noted th e ordinance establishing the billing cycle for ·sewer bills would a l s o ha ve to be changed if Council wants to change the cycle for wat er bills. Mr. McCown explained the billing proc ess as is presently practiced on the 15 day billing cycle v e r s us the proposed 30 day. Mr. McCown stated such a change wou ld have a minor im pact on the City's cash flow. Mr. McCow n discussed the second item which requires sending notices of delinqu ent bills by ce rt ified mail to the owner. Mr. McCown stated the cost of sendin g approximately 250- 300 notices would cost a n additional $6,000 per year and the mail- ed notices would not be the f inal step. The bills would be turned over to Henry Mor gan of th e Utilites Department who would make every effort through persona l contact to ge t peop le to pay their bills. Mr. McCown recomm e n ded that Cou nc il adopt notifying the customer of a delinquent bill either by mail or by personal service • I • • • February 20, 1979 Page 6 • • .. Councilman Weber stat e d he preferred tieing in personal service with certified mail. When Mr. Morgan is unable to personally contact the customer, the City can send notices to them by certified mail. Mayor Taylor stated he felt contact through personal service should continue because, in some cases, personal contact is more effective in getting people to pay their bills than notices by mail. Mayor Taylor also stated he preferred the 15 day billing cycle rather than extending the period to 30 days. Mayor Taylor stated only under unusual circumstances should a customer not be able to pay his bill and the City is generally willing to make some kind of arrangements for payment. City Manager McCown recommended 1) the billing cycle be left at 15 days; 2) one method of notifying customers be adopted; 3) and that a policy concerning delinquent bills be drafted and approved by Council. Councilman Weber stated he favored the 30 day bill- ing cycle thereby giving the customer more time to pay his bill or make arrangements with the City for payment. Upon a call of the roll, the vote resulted as follows: ~yes : Nays: ~bsent : Council Members Weber, Smith, Harper, Clayton, Williams. Mayor Taylor. Council Member Mann. The Mayor declared the motion carried. ORDIN~CE NO. 9 SERIES OF 1979 * * * * * * BY ~UTHORITY COUNCIL BILL NO. 8 SERIES OF 1979 INTRODUCED BY COUNCILM~ SMITH ~ ORDIN~CE ~ENDING CH~PTER 9, TITLE V, OF THE 1969 ENGLEWOOD MUNICIP~L CODE REL~TING TO RETIREMENT. COUNCILM~N SMITH MOVED TO P~SS COUNCIL BILL NO. 8, SERIES OF 1979 ON FIN~L RE~DING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • l • February 20, 1979 Page 7 !\y e s : Nays : 1\bse nt: • • • Council Membe r s Webe r , Smith, Harper, Clayton , Williams, Taylor. None . Council Member Man n. The Mayor declared he motion c a rri e d. ORDIN !\NCE NO. 10 SERIES OF 1979 * * * * * * BY <\UTHORITY COUN CI L BILL NO. 9 INTRODUCED BY COUNCILM'\N H!\RPER !\N ORDIN!\NCE !\PPRO VING 1\N 1\GREEMENT BPTWEEN THE CITY OF ENGLEWOOD, COLOR!\DO !\ND THE CI TY 1\ND COUNTY OF DE NVER, COLOR!\DO, FOR THE TR!\NSMISSION, TRE!\TME NT, 1\ND DISPOS<\L OF SE W!\GE FROM CERT!\IN PORTIONS OF NORTHE!\ST ENGLEWOOD. COUNCILM!\N H'\R PE R MOVED TO P!\SS CO UNCIL BILL NO. 9 ON FIN!\L RE!\DING. Coun ci l man Clayton second e d the motion. Upon a call of the roll , th e vote resulte d a s f o llows: !\yes : Nays: 1\bsent : Co uncil Members We b e r , Smith , Harper, Clayton, Williams, Ta ylo r. Non e . Counc il Member Mann. The Mayor d e clar ed the motion c a rried. ORD I N!\NC E NO. l l SERIES OF 1979 * * * * * * BY <\UTHORIT Y COUNCIL BILL NO . 5 INTRODUCED BY COUNCILM!\N CL!\YTON !\N ORDIN !\NCE !\PPROVING 1\N !\GREEMENT BETWE EN THE CITY OF ENGLEWOOD, COLOR!\DO , THE URB '\N D R<\IN~GE 1\ND FLOOD CONTROL DISTRICT , !\ND THE CITY OF GR EENWOOD VILL <\GE, COLOR!\DO, REG !\RDI NG !\ FE!\SIBILITY STUDY FIN!\L DESIGN , 1\ND RIGHT-OF-W<\Y <\CQUISITI ON FOR It~ROVEMENTS ON LITTLE DRY CREE K TO REDUCE POSSIBLE FLO OD ING WI THIN CERT!\IN !\RE!\S IN THE CITY OF ENGLEWOOD . I . • February 20, 1979 Page 8 • • • COUNCILM~ CL~YTON MOVED TO P~SS COUNCIL BILL NO. 5 ON FIN~L RE~DING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays: ~bsent : Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDIN~CE NO. SERIES OF 1979 * * * * * BY ~UTHORITY "-BILL FOR COUNC IL BILL NO. 10 IN TR ODUCED BY COUNCIL M~N H~RPER ~N ORDIN~CE ~NEXING .9 10 ~CRES , MORE OF LESS, ~S HEREIN~FTER MORE P~RTICUL~LY DESCR I BED, INTO TH CITY OF ENGLE WOOD, COLOR~DO. COUNCILM~N H~RPER MOVED TO P~SS COUNCIL BILL NO. 10 ON FIRST RE~DING. Counc ilma n Clayton cond d th motion. Upon a call of the roll , th e vot e r esulted as ollows: ~yes : Nays : ~bsent : Counc il Members Web r, Smith, Harper, Clayton , Williams, Taylor . Non e . Council Member Mann. The Mayor declared the motion carr ied. ORDIN~CE NO. SERIES OF 1979 * * * * * * BY ~UTHORITY ~ BILL FOR COUNCIL BILL NO. 10 INTRODUCED BY COUNCILM~N H~RPER ~ ORDIN~CE ~ENDING TITLE V OF THE '69 ENGLEWOOD MUNICIP~ CODE REL~TING TO M~TERNITY LE~VES ~NO LE~VES OF ~BSENCE • • I • (_ • February 20, 1979 Page 9 • • • COUNCILM~ H~P ER MOVED TO P~SS COUNCIL BILL NO. ll ON FIRST RE~DING. Counc ilman Clayton secon d e d the motion . Upon a call of the roll , the vote r esulted as fo llows: ~yes : Nays : ~bsent : Counc il Members Web e r, Smith Harp e r , Clayton, Williams, Taylor . None. Council Member Mann . The May or d ec lar ed the motion carried. * * * * * * ~ssistant Ci t y Mana ge r Curnes ap p ear ed before Council and pres ented the s up plem e n~ ~ ·r eemen t between the City of Englewood , a Co lorado municipal co rporation, and the Englewood Employees ~ssociat ion relating to ~rticle 6 , 12 , and 18. COUNCILM~N CL~YTON MOVED TO ~PPROVE THE SUPPLEMENT ~GREEMENT WITH THE ENGLE WOO D EMPLOYEES ~SSOCI~TION ~D TO ~UTHORIZE THE M~YOR TO SIGN THE ~GREEMENT . Councilman Weber seconded the motion. Upon a call of the roll, the vote re-su lted as follows : ~yes: Nays : o\bsent : Council Members Weber, Smith, Hqrper, Clayton, Wi ll i ams, Taylor. Non e . Council Member Mann . The Mayor declared the motion carried. * * * * * * City ~tt orney Be rardini transmitte d copies of a memo- randum from ~ssi stant City ~t to rn ey DeWitt co ncern i ng the five annexations to th e City that took place in the later part of 1978 and the first part of 1979 . Mr. Berardini explained t he annexations involved t he bringing into Englewood unincorporated territories that were previous ly subjected to certain tax levies by special districts. Mr. Berardini stated Council is requi red by law to petition the Cour t to remove these properties f rom the tax of the special distr icts a nd that h e had prepared the appropriate resolutions should Council want to consider them at this meeting • I • • • February 20, 1979 Page 10 • • • Councilman Smith suggested that Council cons ider the resolutions at this meeting for the purpose of expediency. RESOLUTION NO. 8, SERIES OF 1979 ~ RESOLUTION REL~TING TO THE DOUBLE T~~TION OF TERRITORY WITHIN THE CITY OF ENGLEWOOD RESULTING FROM THE OVERL~PING OF SERVICES .PROVIDED BY THE LOC~L GOVERNMENTS ~D BEC~USE OF THE ~NEX~TION ~S IT REL~TES TO THE LITTLETON FIRE PROTECTION DISTRICT. COUNCILM~N CL~YTON MOVED TO P~SS RESOLUTION NO. 8, SERIES OF 1979. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : Nays : ~bsent : Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 9, SERIES OF 1979 ~ RESOLUTION REL~TING TO THE DOUBLE T~~TION OF TERRITORY WITHIN THE CITY OF ENGLEWOOD RESULTING FROM THE OVERL~PING OF SERVICES PROVIDED BY THE LOC~L GOVERNMENTS ~D BEC~USE OF THE ~NEX~TION ~S IT REL~TES TO THE SOUTH SUBURB~ METROPOLIT~ RECRE~TION ~D P~RK DISTRICT. COUNCILM~N CL~YTON MOVED TO P~SS RESOLUTION NO. 9 SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : Nays : ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9 :20 p.m. The Council reconvened at 9 :30 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: • I • - • c • February 20, 1979 Page 11 • • • Council Memb e r s Williams, Weber, Smith, Harper, Clayton, Taylor. ~bsent : Council Member Mann. The Mayor declared a quorum present. * * * * * * ~dministrat ive ~ssistant Brown appea red before Council and present e d a memorandum con c e rning the 1979 Training Program. Mr. Brown stated the 1979 training proposals for the genera l employees will continue to em- phasize safety. The Fire Depart ment will center around the proposed state certificat i on program as a guide in training firefighters and additional medical training will be given so that all fi re fightPrs will be EMT-trained at the end of the year. The Police ~~~artment will provide skill development training for all positions and the training for supervisory apd ma na gement positions will be on program planning, implementation a nd evaluation plus personnel super- vision and evaluation. ~dministrative ~ssistant Brown requested Council's approval for the proposed 1979 Training Program and the out- of-state travel involved for a maximum expenditure for out-of- state trips of $4,000 each for the general employees program and the fire department program and a maximum of $4,500 for the policy department program. COUNCILM~ SMITH MOVED TO ~PPROVE THE MEMOR~DUM ~DDRESSED TO JIM CURNES FROM HUGH BROWN D~TED J~U~Y 31, 1979 WHICH IS THE 1979 TR~INING PROGR~ ~D TO GIVE THE ~UTHORIZ~ TION FOR THE OUT-OF-TOWN TRIPS SELECTED BY MR. BROWN. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : ~yes : Nays: ~bs ent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. None. Council Member Mann . The Mayor declared the motion carried . * * * * * * • I • • February 20, 1979 Page 12 • • • City Manager McCown presented a memorandum from him- self to the Mayor and Members of City Council concerning the bids on the Court/Council facility. Mr. McCown recommended that Council award the bid to Maranatha Construction Company in the amount of $113,949. Mr. McCown stated the budget allowance for the project is $148,000. COUNCILMAN WILLIAMS MOVED TO ACCEPT THE LOW BID FROM MARANATHA CONSTRUCTION COMPANY PLUS ALL OTHER ITEMS THAT ARE RELATED TO THE REMODELING OF THE COURT/COUNCIL FACILITY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Smith, Harper, Clayton, Williams, Taylor. Council Member Weber. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Parks and Recreation to the City Manager concerning a request to attend the National Recreation and Parks Association Midwest Regional Conference, April 22-24, 1979 in Sioux Falls, South Dakota. COUNCILMAN HARPER MOVED TO GRANT PERMISSION FOR THE DIRECTOR OF P~RKS AND RECREATION TO ATTEND THE OUT-OF-STATE TRIP. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Weber , Smi t h, Harper, Clayton, Will iams , Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * • I • • - • t ( • February 20, 1979 Page 13 • • • City Manager McCown announced he would b e out-of- town the latter part of the week. Mr. Mcown stated he would be attending and presiding as President at the Colorado State City Manager's Conference in Boulder. Mr. McCown stated Mr. Curnes and Mr. Waggoner would be available during his absence. * * * * * * Mayor Taylor opened discussion on a memorandum from the Director of Utilities Fonda concerning frozen water service lines. COUNCILM~N SMITH MOVED TO DIRECT THE CITY ~TTORNEY TO PREP~RE ~ ORDIN~CE WITH ~ EMERGENCY CL~USE PREVENTING THE USE OF WELDING EQUIPMENT FOR THE TH~WING OF PIPES DUE TO THE FIRE H~Z~RD. Counc i lman Weber seconded to motion. Upon a call of the roll , the vote resulted as follows: ~yes: Nays : ~bsent: Council Members ~coer, Smith, Harper, Clayton, Williams, Taylor. None Council Member Mann, The Mayor declared th e motion carried. COUNCILM~N SMITH MOVED TO DIRECT THE CITY ~TTORNEY TO MEET WITH DIRECTOR OF UTILITIES FOND~ ~D PREP~RE ~ ORDIN~CE REMOVING THE SECTION IN THE CODE TH~T REQUIRES ~ RESIDENT TO HIRE ~ PLUMBER TO REPL~CE THE W~TER PIPE FROM THE M~IN TO THE HOUSE. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : Nays : ~bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor . None . Council Member Mann . The Mayor declared the motion carried, THE COUNCILM~N CL~YTON MOVED TO REQUEST THE CITY M~~GER TO H~VE THE COMMUNITY DEVELOPMENT DEP~TMENT OR THE HOUSING ~UTHORITY, WHI CHEVER IS JUDGED TO BE THE PROPER ENTITY, TO LOOK INTO THE POSSIBILITY OF H~DLING ~DDITION~L HOME IMPROVEMENTS WHICH WOULD INCLUDE THE REPL~CEMENT OR REP~IR OF W~TER LINES ~S NECESS~RY ~D TO PROPOSE TO THE CITY COUNCIL ~ METHOD OF FIN~CING. Councilman Smith seconded the motion. • I • • February 20, 1979 Page 14 .. • • - Councilman Smith r equested that Director of Utilities Fonda appear befo re Council and discuss what methods of financing the home owner could us e in order to cover the costs of repair- ing or replacing water lines. Director Fonda discussed the non- subsidized fi nancing through banks and subsidized financing through the City. Director Fonda stated the loans subsidized by the City would be limited because of the availability o f funds; but, in most cases, would provide a loan with a reasonable intere st rate if the home owner wanted to re-do t h e service lines. Upon a call of the roll , the vote resulted as follows: !\yes: Nays : !\bsent : Council Members Weber, Smith, Harper, Clayton , Williams, Taylor. None. Council Member Mann. The Mayor declared the motion carried. Council discussed the feasibility of adopting a program whereby the City would be responsible financially for the repair of water lines from the house to the main line. Director Fonda recommended if Council decides not to take over the respons ihi lity that a program be adopted whereby the City would take bids from plumbers to do work on 20 -30 taps at a time as people would be interested in lowering their lines. Director Fonda suggested that the City would act as the agent to coordinate it . Council decided such programs need to undergo further scrutiny before a n y decision is made . Director Fond a requested Council's cons i deration in removi ng the requirement that a tap fee be charged when a 5/8 inch tap is converted to 3/4 inch. COUNCILM!\N SMITH MOVED TO DIRECT THE CITY !\TTORNEY TO PREP!\RE ~ ORDIN!\NCE REMOVING THE T!\P FEES FOR THE CON- VERSION !\NO TH!\T THE ORDIN!\NCE NOT BE M!\DE RETRO!\CTIVE. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • ( c • February 20, 1979 Page 15 !\yes: Nays: !\bstain: !\bsent: The Mayor Council Clayton, None. Council Council declared * * • • • Members Smith, Harper, Williams, Taylor. Member Web e r. Me mb e r Mann . the motion carried. * * * * COUNCILM!\N CL!\YTON MOVED TH!\T !\LETTER BE WRITTEN, SIGNED BY THE M!\YOR !\NO SENT TO MR. !\ND MRS. JOHN KREILING EXPRESSING COUNCIL'S UNDERST!\NDING, CONDOLENCES !\ND SYMP~THY FOR THE DE!\TH OF THEIR SON. Councilman Harper seconded the motion. Upon a call of the roll , thP "Ote resulted as follows: !\yes : Nays : !\bsent: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. Non • Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor announced the next Council meeting will be March 12, 1979 instead of March 5, 1979 because three councilmen will be out-of-town and there will be no quorum. * * * * * * There was no fu rther business to be discussed . * * * * * * COUNCILMAN WILLI~S MOVED TO !\DJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 10 :20 p.m. • I • - • 7 :30P.M. • • • AGENDA FOR THE SPE CIAL MEETI "G 0F THE ENGL EWOOD CIT' COUN t:TT FEBRUARY 20, 1979 Cal l to order, invocat io h y R~:verenJ • c. land lwd rews, Grace Bap tist Church , 4~.C South Acoma ~t reet, pledge of allegian ce by Boy Scout Troop #154, and roll call . l. Minut es . \~ (a) Minutes of the r egular meet ing of February 5, 1979 . (C opies enclosed.) 2 . Pre -Schedu led Vi sitor s ~ (a) Mr . George Greer or Don Lewis wi ll be present to di scuss Eeo-c ~ t{aJ ~Ia. (b) ~· Mr . Sid O verto n ~ attorney, will be present to rep resen t Mr . and Mrs. Daglian d /b/a Paul 's Re staurant a nd Pi zzeria, 35 42 South Fox Street, conce rning an appl ication for hotel and rest aur ant liq uor license, setting a public hearing date and e stablishing neighborhood boundaries . (Copies enclosed.) 3. Other Visitors . 4. Publ i c Hear ing. 5 . Commun ications -No Action Recommended. (a) Minutes of th Planning and Zoning Comm ission meeting of Januar y 3, 1979 . (Copies enclos ed.) I • - • ( • • • Page 2 February 20, 197 9 Agenda 5. Commu nica t ions-No Action Recomme nded (Continued). ~-(b) ~~~·1't(c) Minu tes o f the Li b r a ry Board meeting of February 6, 1979. (r.o pies enclosed.) Minutes of the Parks and" Recreat ion Comm ission meeting of Februa ry 8, 1979. (Copies enclosed .) ~{(d) (e) Memorandum from the Director of En gineer in g Serv ices to the Assistant City Ma nager con- cerning Pa ving District Schedule s . (Copies enclos ed.) Mem orandum from the City Ma nager to City Council concerning bP.er and liquor outlets • in the City of Engl~ro od. (Copies enclosed.) 6 . Co mmun ic ations -Ac~:~ RE commended. 7. City Attorne y. Or dinanc es on Final Reading. (a) Ordinance vacati ng the al ley in Bl ock 9, Jacks on 's Bro a dw ay Heights, City of Englewoo d , Coun ty of Arapahoe, Color ado. (Copie s enclosed.) (b) (c) (d) (e) Ordinance amending Section 16 and 17, Chapter 3, T itle XV, o f the 1969 Englewood Municipal Code r elating to the cost of repairs o r replacement o f water meters, size of water meters in the event of c hange of use, and delinquent water bill s . (Copi e s enclosed .) Ord inance amending Chapter 9, Title V, of the 1969 En glewood Municipal Code rel ating to r etirement. (Copies enclosed .) Ordinance approving an agreement between the Ci y of Englewood, Colorado, and the City and County of De n ver, Colorado , fo r the transmission, treatment, and disposal of sewage f rom certain por tions of northeast Englewood . (Copies enclosed .) Ordinance approvin g an a g reement between the City of Englewood, he Urban Drainage and Flood Control District, a nd the City o f Greenwood Villag regarding a feas ibility study, final d esign, and r ight-of -way acquisition for improve- ments on Little Dry Creek to re du ce possi ble floodin g within certain areas in the City of Englewood. (Copies enclosed.) • I • • -• • • Page 3 February 20, 1979 Agenda 7. City Attorney (Continu e ~). Bil~ for an Ordinance . MA--~ (f) I.JAV"u a &~J.t o Bill annexing .910 acr es more or less, as here- inafter, more part icu larly described, into the City of Englewoo d, Colo rado. (South Amherst between Downing and F ranklin.) (Copies enclosed.) ~m~ ~u.J 111 e.a II (.g) Bill amending Title V of the 1969 Englewood ~~~-w Municipal Code re J ting to maternity leave ~1"1'1~~ and leaves of abs e1 ce. (Copies enclosed.) or Other Matters . ( • (h) Suppl ement agreement between the Cit y of Englewood, a Colora o municipal corporation, and the Englewood Emp loyees Association relating to Article 6, 1 2 P~~ 18. (Copies enclosed.) (i) Attorney's Cho ~ 8. City Mana ger. (c) Memorandum from the Administrative Assistant to the City Manager concerning the 1979 Train- ing Pr ogram. (Copies enclosed.) Memorandum from the City Manager to Mayor and Members of Ci ty Counc il concerning the bids on the Cour t/Council facility . (Copies enclosed.) Memorandum from the Director of Parks ~nd Recreatio n to the City Manager concern~ng a request to attend the National Recreation and Park s Association Midwest Regional Conference. (Copies enclosed .) (d) Mana g er's Ch o ice. 9. General Discussion. (a) Mayor 's Choice . (b) Councilman 's Choice. 10. Adjournment . • 1 ' I , 1 '/! . ! /J t/ I "-,'\ i4t ~ / /'( ._('-v :_ ' AND'{, ·MC COWN Citjj' Manager • .· I • • • • • ihJ LL CALL Moved Sec d d ~n e Ave T Wi f1f?r.--:~· Nav Abstain Absent .~:r- ' w .. h .... Smlt'r. -____ .l Haro!rr. I Clavton-I Mann . Y.a:~~!. ra y]_:u I . • • • • ROLL CALL Hed S ndd OY eco e A 'Ye Na IY Ab ta1 s n Ab t sen W1111ams ....... W!!bl!r <..f-v- ;)llrltn v-- Harol!r v- Clayton ~ Mann v- l'ia_y_o r _T a y_l or v-- I . • • • • ROLL CALL Moved Seconded Aye Nay Absta fn Absent Wi111ams ~ ....weber '+-v-J-..-" ::>mlti': ,__ .....--Jiarott_ ,_........ Clayton _v-- Mann i ,_--_l'ia_yor _Ta y_l_E r J v ;c:c . I . • • • - • • RO LL CALL Moved s I econded I Wi 11 iams -- Aye Nav ··~ .. r ~ Absta fn Absent 1 ~tt r. ll-1ro~ Clavton Mann "'P.'avo r ~y_1 ~ !:...J -- • I . • • • - • • ROLL CALL Moved Sec d d on e Aye Nav Williams Absta fn Absent w .. h .. r 'f- ~1th Jlarof!r Clavton Mann 1fayor Ta y_l cr • I . • • • • • ROLL CALL Moved Seconded A N \Ye ay Absta fn Absent Williams v _v _Web~tt: ~ v--v ~ltn v Jilloer v- C14.Yton v- Mann ,___ _!!_~or _ra y_lc r v ~ u h ro~ 4 -C/-79 tJ_;t 7.·oo(/. m . d-~ ~~~ • I . • • • N~ Absta n ===! ~e j ...l Seco~d j_ Wi 111 am4_-J -, Moved ,~ -...weber :t:::__ J. - ~mn.r: - I ....I:IAJ:Qtt_ + ~ I -Cli!Y_ton l ...1 I Mann 1;.,-; l ..l =:0 r Ta ylor E_ l..!!i!l. _,_ - Absent I . • • • • - • • ROLL CALL H ed S dd ov econ e W1111a ml\ A ~We Nu Ab stafn A bsent w .. ller of' ~t~n Haroer Clavton Mann Mayor Ta y_l or sjo t&ze1zc, • • I . • • • • ROLL CALL Moved Seconded Williams Ave Nav Abstain Absent v---,___... w .. ~ •r ..;.. L-- l--- ::>mJtr. L-- Harn .... v-Clayton ~ Mann 'favor Ta y_l_E r L--v- I . . • • • - ROLL CALL Moved s econded Ave Nav Abstain Absent Williams w .. l\ .. ~ "" ;,m1tn L--Hiro-er Chvton Mann --y.rayor Ta y_l or I . • • • • • ROLL CALL "ed s dd ov econ e Ave Nav Abstain Absent Wi111ams v w .. h .. r -if-' v v Slll1ti'l '- Haroer ,_ v-Cl.lvton ,_. Mann 1.-- Mavor Ta ;{lo r v- I . . • • • • ROLL CALL "ed s ndd ov eco e ~e I!.Y s n sen Williams ,_....- ~ ...weber _± ~ 2_1111_!_11 ~ Haroer v-~ Cl~ton ,__ A Na Ab taf Ab t Mann ,__ ~~or _Ia y_~or ........- • • I . • • - • .. • ROLL CALL Moved Second d e Ave WilHam!: Nav Absta fn Absent v w .. h~ .1-- 5m1tl: H"irou_ Clavton I Mann ~avor Ja y_~r.r I . • • • - • • ROLL CALL Moved Se d d con e Ave William~ Nav Abstafn Absent w~ .... sm n ll;o.,na .. Clavton Mann l-fa:Yor Ta y_1cr • - • • ROLL CALL Hoved s d econ ed Ave Williams Nav Absta fn Absent Wah Sllllti'l Harnl>r Clavton Hann "'MaYor Tay_l_cr • • I . • • - • • ROLL CALL s d d oved econ e lye Na~ sta n sent Williams v- ...1i2her _,_... _sm_1_tn L-- A Ab Ab Haroer ,__ Cl~ton 1.--Mann £.--Mayor Ta y_!o r _,__.. • • I . • • • • -• • • ROLL CALL Moved Seconded An Nay Absta fn Absent Williams v t.--w~ u;..-t--,___ :>1111tl1 ,___ Ha-rn~~r L--Clayton L--- Mann Pfayor Tay_l_Er J.--- ,__. • • I . • • • • -~ Na...t. A s -I Seconded -i Moved Wfllhms~ I t..-- I ~ ~ ._:_ ,_- - -=::.:...:....: 1S- - I ~n I ..!::::::.. ....::..._ Ma.;; I I b tafn Absent ~ - .J.. v--,a vor ..:.._ a y_~ or .l .l..:..::::.t._ I • • • • • • ROLL CALL M ed S dd ov econ e A \Ye Na IY Ab taf s n Ab t sen Williams ,_..- W~>b~>r + v- ~lt l1 v-,___ Hili'Der v- &.--Clayton 1,.-- Mann v-- May_or ray_tc r ~ I . . • • • • • ROLL CALL ~e N!r_ Abs Seconded - Moved Wfll1am $ J -=J ..J ------! L .!:1:: ...=::.. - ~ I ~11 ...!::::.. -v-~ L-- I V Cl!z.ton ....4:::::::. tafn Absent -,_...-- ---' Mann v--.L ...1 .L a"or _!_a y_~o r l .L .L ...!:!::L - 1( I . • • • • • ROLL CALL "' ed s d d ov econ e ~e !l. s n sen Wfllfams ,_...- A Na Ab tll1 Ab t ...weber _<J-,__ ~_l_yl v-1..---..lii.r.lle.r_ ,__.. .1::::::::: Cl~ton /.--Mann ..!!!l_or _!~-~o r v-1,--- I . • • • • Ave Nav Abstain :J Moved Seconded --Williams ~ t- Absent --s-mrrn Ham;;- Clavton -Ma_r~n I MayoTia if.E_r L I • • • - • • ROLL CALL "' ed s d d OY econ e ~e !.l s n sen Williams .....-A Na Ab taf Ab t L--~ -':}-_ L-- ~n ~ l:lll':De r t..--v-Cli!Yton 1--Mann _l'l~or _Tay_lor ~ L-- I . • • -• • ROLL CALL Moved Second d e Ave Nav Abstain Absent Williams ~ .. p :,mttn -Haroir Cl.ivton Mann l'fa-vor a y_:J cr • I . • • - • • ROLL CALL Ho eel s d d y econ e ~e ll.,l s n sen William!; v- A N Ab taf Ab t ...Iieber .± L--L--~l__y1 I-- ~ L--..1::::::;_ Cla1_ton ...l::::::.= Mann ~or .!_a y_J_or ,__ ~ • I . • • • • ROLL CALL H ed S d d ov econ e ~e !l s n sen Williams ~ A N Ab taf Ab t ....weber ~ ,__ .2!!!.!E_I1 L- k---J:lill:J)er ~ ..1::::::_ Cl~ton t--Mann _l'li!lOr _! ay_! or ~ I.-- • I . • • • • • • ROLL CALL HeelS ndd ov eco e A ~ye Wi111ams Wf!bf!r :>llll'tl1 Harof!r Clavton Mann Mayor Tay_~or ~ rd-Cj:;JIJ(f.~' ~ CJ;~o()m. Na IY Ab taf s n Ab t sen I . . • • • ROLL CALL H ed S d d A Na Ab taf ov econ e ~e !..}'_ s n sen Williams 1----Ab t -.Web~± '-~11 1,--- ....l1il:e.r_ /..-- Cl~ton .l:::::::... Mann ..1.::::=._ !!_~or ..!ay_~ cr 1.--- I . • • - • • Moved s r I econded 1-- I William!O -~e Nav Abstain r~..:~-. I I Absent I I 1--;:,mftn - ~ U'lrDP - I--C1avton ...__ I Mann llfa'Yor Ta y 'lor _,_ ~::__ I =J I I . • • - • • ROLL CALL Moved Second d e Aye Wi 111a ms Nav Abstain Absent WAhAr ;:,mrtn Harol!r Clavton Mann 1olaYor 1 ay_l or ~ 1::::: ~. ~ .£/f Q.j TPJ h-<-- (f~ ~c~:~« • I . • • • - • • ROLL CALL Moved Seconded A "Ye Nay Abstain Absent Willfams ,__ WPho>r c.J... 1...--_v :>1111ti'1 ,____ _1...-J-Jaroer L-Clayton &.--Mann L--Mayor Ta y_lo r l--- • I . • • • • ROLL CALL Moved s d .~ econ ed Ave Wi 11 iam~ Nav Abstafn w .. h .. r (]:: v Absent 1---;)lllltiJ '--<.....--Haroer Clavton 1.-- ~ Mann "'P.aYor Ta y_lor v-t.- 86. ~~:r~~t frl~ &w;e #/;J.,q?c; • • I . • - • • --- ROLL CALL M eel S d d A ov econ e ~e !.l_ s n sen Williams v-- Na Ab taf Ab t ...webe..t: .!:i:::::: v- ~ 2!!!!!.11 L.--~ ...l:fArD_er 4-- Cl~ton I-- Mann 4---_!!~or _!a y_~_or v-- • I . • • • • • ROLL CALL Hed S ndd ov eco e ~e ~ s n sen Wf111ams A Na Ab tat Ab t ...weber ~n Jitll'Der Cl~ton Mann ~yor Jay_l or I . . • • • • • ROLL CALL Med S ndd ov eco e A ~ye Na lY Ab ta1 5 n Ab t sen Williams W!!bl!r smttn Harol!r Clavton Mann Mayor Ta y_l or ~ji~h'f-~~ ~ -t-c:sJ-; Cfa. ~ur-~ ~~~~?f ~~ I . . • • • • • ROLL CALL HeelS ndd ov eco e ~e !.l.. s n sen WilHam!: ,__ A Na Ab taf Ab t ........-~~ I,..-.J.::::::::_ ~11 _k-" JW:oer ..J,:::::_ ClCU~ton L-- Mann ~ j../· ~or J_ay_r_cr t--- 17 /JA ...aoz .Jti'/), .L. ~~ ~ ...... If ~.) ---;; -; I . . • • • - • • ROLL CALL Moved s d d econ e Ave William!: Nav Absta fn Absent '-- v w .. h .. ~ £--:>m1tn I Harn.,r <...- 1..--Clavton Mann <--- ""WaYor Ta y_1 or c...-c...- • I . • • • • • ROLL CALL Moved Seconded Williams ~e !.l stafn Absent c..-- A Na Ab ...!Uml!r __±_ t..--L.---~_1y1 ,.__. Harol!r (...--t--" C l<ll'_ton I.---Mann _l'l~or _la y_~ or !..--'"" ~ ~~e-m ;6 )(/J---/~ dJ [A_/ r #/I I J ) ~ I; / ~ ~ / f,. v <2Y. a"---G--z.______,< I /---" r v~ ~~ ______/ ~ ~ ~~ ~~ ~ & C ~ (/ d-. • • I . • -• • ROLL CALL Moved Second d e Ave Nav Abstain Absent Wil l iams .., ....... ~m1tr. 1-Ca .. n.-.. ctavton Mann Mayor Ta y]cr I . • • • • ROLL CALL Moved Seconded Williams Ave Nav Abstafn Absent L-- v w .. ~ua.. -l.-. £.-- !11111ti1 L-- Haroer L-- Clavton L-Mann "'M"a.Yor Ta YJ cr L 1.-- I . • • • -• • Ab @nt Abstain s ~ Ave Nav I eel Seconded 1 c.--1 Mov I W11 1 1amL, --i L.--I - r:= I IAhAI" + ~ snr r. --L-~ ,__ 1-- I...--- .=1 ~ ~ Clavton I 1-(.....-- ~crt~l I- c== • I • • • • - • • • • RO LL CALL Moved Seconded Wil H am!; Ave Nay Abstafn Absent ~f>b;; Smlt n Haro«_ CJa:Yton Mann 1-raYor fa y) r._r ~~wLuL..e~ tl'r\ 3 -~~ ~ ~ ~ ~w-Lu W-~~ • • I . • ' • REGULAR MEETING: • • .. COU NCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO Fe bruary 5, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular s e ssion on February 5, 1979. l / The invocation was given Rever e nd Jo e Boo t h, Englewood Church of Christ, 4690 South Logan Stre e t. The Pledge of Alleg i ance was led by Boy Scout Troop 1154. Mayor Pro Tern Mann asked for roll call. the roll, the following were present: Upon a call of Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Absent : Mayor Taylor. The Mayor Pro Tern declared a quorum present. Mayor Pro Tern Mann stated Mayor Taylor was ill and unable to attend the meeting. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Director of Finance/ex officio City Clerk-Treasurer James Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 15, 1979 WITH THE FOLLOWING CORRECTION SUBMITTED BY COUNCILMAN MANN. Councilman Weber seconded the motion. Mayor Pro Tern Mann stated the correction is on page 15 next to the last paragraph concerning his remarks on water lines. Mayor Pro Tern Mann stated the words, "maybe the liability should lie with the City'' should be stricken; they are in error .• Mayor Pro Tern Mann stated he did not make that statement. Mayor Pro Tern Mann stated the water line between the house and the curb cut is now the respons i bility of the resident and he did not believe the City should have any liability of that, but he did believe the City should have the financial liability between the line in the street and th e curb cut. • I • • • February 5 , 19 79 Page 2 .. • • • Upon a call of the roll . the vo e resul ed as follows : Ayes : Nays: Absent : Counc il Members Williams, Weber, Smith, Har per , Clayt on, Mann . None . Mayor Taylor . The Mayor Pro Tern declared the motio n carr ied . * * * * * * Pre-sch eduled visitor Tom Young, Sellards and Gri gg , Inc . was present and discussed the bids on the High Sc hool Basin Storm Drainage Pro ject . Mr. Young stat •d a total of nine bids were re - c eived and he re commm nd ed th at Council accept the low bid from North ern Contrac ing Company in th amo un t of $45 4 ,825.22 . COUNCI LM~N WILLI ~S MOVED TO ~CCEPT THE LOW BID FROM THE NORTHERN CONTR~CT ING COMPANY IN THE ~MOU NT OF $454 ,825 .22 FOR THE CONSTRUCTI ON OF THE HIGH SCHOOL B~SIN STORM DR~IN~GE PROJECT . Co un- cilman Harp er seconded the motion. Upon a call of the roll, the vote resu lted as fol l ows: A. y es : Nays : A.bs ent: Council Me .be rs Williams, Weber , Sm ith, Ha rp r, Clayt0n, Mann . Nc nr>. Ma yur Tayl or. Th e Mayor Pro Tern decl ared the mo t ion ca rried . * * * * * * Pr -sch edul e d Merle Koo n, 7056 Sou h Newla nd Street, was present and discussed a request for a change of ownership for a retail liquor store li ce n se -Engl wood Liquors, 34 34 So uth Broad - way . Mr . Koon stat ed the lease has n ot be n signed because the transaction is contingent upon them s cur·ng a liquor license. City A.ttorney Berardin i advised Co unc il the y co uld go ahead and approve the ch a ng o f ownership since all o th er docu- ments appear to be in order but make approv al co ntingent up on Mr. Koon delivering to th e City Clerk a signed, exe cuted lease . Mr . Berard ini stated a license can not be issued unless the owner has p oss ession of the property. COUNCILMA.N WEBER MOVED TO ISSUE A. RET~IL LIQUOR STORE LICENSE TO MR. A.ND MRS. MERLE KOO N CONTINGENT UPON THEM SECURING • I • • February 5 , 1979 Page 3 • • • THE PROPER SIGN ED LEASE FOR THAT PARTICULAR PROPERTY AS MENTIONED AS ITEM 2B ON THE AGENDA. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Abs e nt : Council Members Williams, Weber, Smith, Harper, Clayton , Mann . None. Mayor Ta yl or. The Mayor Pro Tern declared the motion carried . * * * * * * Pre-schedu led visitor Joel Judd, attorney representing Yook Lim Lew and Jimmy Won g Bok, was present and presented an application for a hot el/restaurant liquor license for Kona Coast, Inc. dba Kona Coast, 4274 South Bo ar J way . Mr . Judd requested Council to set a dat e for a public hearing and designate the boundaries for petitioning relative to the application. COUNCILMAN SMITH MOVED TO SET MARCH 26, 1979 AT 7 :00 P.M. ( AS THE DATE FOR THE PUBLIC HEARIN G. Councilman Harper seconded the motion. Upon a call of the r oll, the vote resu lted as fol-lows: ( • Ayes : Nays : Absent : Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tern declared the motion carried. COUNCILMAN SMITH MOVED TO SET THE BOUNDARIES FOR PETI- TIONING AS ONE MILE RADIUS. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * I • • - • • February 5, 1 979 Page 4 ,. • • • Mayor Pro Tern Mann asked i here were any othe r visitors wis~ing to be hear d at this ime. o one respon ded . * * * * * "Commun ications -No Action Recommended " on the agenda were received: (a) (b) (c) (d) (e) (f) (g) (h) Minut es of ne regular meeting of the Housing Authority of October 24, special meeting of November 8, special meeting of November 14, regular meeting of November 28, spec i al meeting of December 29, and special meeting of January 5, 1979 . 1inu t s of the Board of Career Service Commis- sioners meeting of ovember 16, 1978 . Minu tes o the Board of Adjustment an d Appea ls meeting of December 13, 1978 . Minutes of th Gov ernments m Dlnver Regional Council of ting of December 20, 1978 . i nutes of he E ~ployees Retirement Board mee ing o f J nua y 9, 1979. Minu es o Lhe Engl wood Pub lic Library Board metin g of Janudry 9, 1979 . Minut es of th Parks and Recreation Commis - sion meeting of January ll, 1979 . Memorandum from the Director of Engineering to the Assistant City Manager concerning Paving District schedules . * * * * * * Administrative Ass istan Bro n appea red before Council and presented the minutes o f h Water and Sewer Board meeting of January 16, 1979 and the Board's recommendations contained therein. Administrative Assistant Brown stated the Water and Sewer Board is recommend ing approval of Supplement 63 to the Southgate Sanitation Distr ict for the i nclus ion of an a rea containing 2 l/2 acres for a single family r e s i den ce . • I • • ( ( February 5, 1979 Page 5 • • • COUNCILMAN H~RPER MOVED TO ~PPROVE SUPPLEMENT 63 TO THE SOUTHGATE S~IT~TION DISTRICT. Councilman Weber seconded the motion. Upon a call of the rol l, the vote resul t ed as follows: ~yes: Nays : Absent : Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Tayl or . The Mayor Pro Tern dec lared the motion carried. ~dministrative ~ssistant Brown stated the Water and Sewer Board is recommending approval of Supplement 64 to the Southgate Sanitation District for the inclusion of a n area in Greenwood Village located along Ulster and Maplewood ~venue. COUNCILMAN WILLI~S MOV ED TO ~PROVE SUPPLEMENT 64 TO THE SOUTHG~TE S~IT~TION DISTRICT. Councilman Harper seconded the motion. Upon a call of the roll , the vote resulted as fol- lows: ~yes : Nays : ~bsent : Council Members Williams, Weber, Smith, Harper , Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tern declared the motion carried. ~dministrative ~ssistant Brown stated the Water and Sewer Board is recommending approval of Supplement 10 to the Valley Sanitation District for the inclusion of 14 homesites located in the area of South Lowell Boulevard and West Union ~venue. COUNCILMAN H~PER MOVED TO ~PPROVE SUPPLEMENT 10 TO THE V~LLEY S~IT~TI ON DISTRICT . Councilman Wil liams seconded the mo- tion. Upon a call of the roll , the vote resulted as follows: ~yes : Nays: ~bsent : Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None . Mayor Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * I • • • • .. - February 5, 1979 Page 6 City Manager McCown presented a memorandum from the Dir~ctor of Libraries to the City Manager conce rning the Guide- lines for the Englewood Public Librdry. C'ty Hanager McCown discus sed rev isions that have bee, m de in the guide lines. One revision is t he display policy and the p a ement of a disclaimer notice on the dis~lay stating that the display is put out by a group and that the City takes no position on the s ub ject matter of the display. The other revi sion is that al l refe ren ces made to "he and him" have been changed to "the Director". Another revision is under section of the "Duties o f the Director" and includes t hat the Director shall participate actively in com- munity groups . Cit y Manager McCown stated unde r the policy on use of the Library meeting rooms, a statement sho uld be added stating that Council, should they n eed it, has first priority right to u s e the Library conf renee room. City ~ttorn ey Berardini noted a correction to be made under the section "D uties of he Board", second line . Th e words "Municipal Cod e" shou ld be changed to "Section 55 of the City Charter". Coun cilman Web er disagreed with the provision under "Du- ties of th.: Director" requiring the Dire or to partake actively in community groups. Councilman Weber stated he understood re - quiring the Dir ector to become actively involved in groups relat -ing to the Library but not any others . Ci ty Mana ge r Mc Cown stated he believed department heads of the City need to be invol \'ed in all commun ity groups not just those relating to their particula departments . Councilman Har pe r suggested that not only Counc il be given priority to use the Library con fe rence room but also other commun ity groups provid ed it do s not interfer with the Library . Councilman Harper stated th e con fe rence room is used now on a limited basis and the City is definitely in n ed of more meeting rooms. Counc ilman Clayton stated he thought the policy already inferred Councilman Harp er's suggestion. COUNCILM~N SMITH MOVED TH~T THE PO LIC Y OF THE GUIDELINES OF THE ENGLEWOOD LIBRARY BE ~DOPTED BY THE CITY COUNCIL AS SUBMITTED UNDER THE COVER LE TTER D~TED J~U~Y 31, 19 79 FROM ~DY MCCOWN THE CITY MAN~GER WITH THE FOLLOWING ~NDMENTS: (1) ON THE LAST PAGE UNDER POLICY ON USE OF THE LIBRARY MEETING ROOHS, FOLLOWING THE WORDS "ORIENTED GROUPS", FIRST PARAGRAPH, SECOND LINE , ADD "THAT THE LIBRARY MEETING ROOMS SHALL BE MADE AVAILABLE FOR THE USE OF EDUCA- TIONAL LIBRARY ORIENTED GROUPS AND OTHER CIVIC GROUPS AS SCHEDULED "; AND • I • ( ( ' • February 5, 1979 Page 7 • • - (2) ADD ITEM #ll, TO STATE THAT "THE CITY COUNCIL SHALL HAVE PRIORITY TO SCHEDULE THE LIBRARY MEET- ING ROOM FOR REGULAR CITY FUNCTIONS". Councilman Harper seconded the motion. COUNCILMAN WEBER MOVED TO ~ND THE MOTION BY CHANGING THE SECTION UNDER "DUTIES OF THE DIRECTOR" BY INSERTING A PERIOD AFTER THE WORD "COMMUNITY" ON LINE 8 AND DELETING ALL VERHAGE TO THE END OF THE PARAGRAPH. Councilman Weber stated he still disagreed with the pro- vision requiring the Director of Libraries to participate actively in community groups. Motion died for lack of a second. Upon a call of the motion made by Councilman Smith, the vote resulted as follows: Ayes: Nays : Absent: Council Members Smith, Harper, Clayton, Mann. Council Members Williams, Weber. Mayor Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * City Manager McCown presented a memorandum from himself to the City Council concerning appointments to Boards and Commis-sions. COUNCILMAN SMITH MOVED TO APPROVE THE FOLLOWING APPOINT-MENTS TO THE BOARD OF ADJUSTMENTS AND APPEALS: ROBERT F. LEONARD -REAPPOINTMENT TO FOUR YEAR TERM EX- PIRING FEBRUARY 1, 1983 DONALD D. SEYMOUR -REAPPOINTMENT TO FOUR YEAR TERM EX- PIRING FEBRUARY 1, 1983 HARVEY PRATT, JR. -APPOINTMENT TO FOUR YEAR TERM EX- PIRING FEBRUARY l, 1983. Councilman Clayton seconded the motion. Upon a call of th~ roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Harper, Clayton, Mann. I • • February 5, 1979 Page 8 Nays : o\bsent: • • • Council Memb e r Weber . Mayor Taylor . The Mayor Pro Tern decla r ed the motion carried . C O UNCILM~N WILLI-\M S MOVED TO o\PPROVE THE FOLLO WING o\PPOINT -MENTS TO THE PL~NING ~D ZO NING COMMISSION: M~RJ ORIE L. BECK ER -RE~PPOINTMENT TO FOUR YE-\R TERM EX- PIRING FEBR U~y 1 , 1983 J UDITH PIERSON -RE-\PPOINTMENT TO FO UR YE~R TERM EXPIR- ING FEBRU~y 1, 1983 TH~D C~RSON -o\PPOINTMENT TO UNEXP IRED TERM OF OFFICE EXPIRING fEBRU~y 1 , 19 82 Counc i lm a n Smith seconded the mo t ion . Counc ilman Weber explained he would vote no on these appointments as he d id for thos e made to the Bo ard of ~d j ustm en ts and ~pp eal s. Counc ilman Weber stated he had a philo s ophi cal dif- ferenc e with some peo ple appointed to the Board of ~djustments and ~ppeals and he wa s convinced that Council did not select the best qual ified candid ates for either gr oup. Up on a call of the roll, the vote resulted as follows: -\yes : Council Members Williams, Smith, Harper, Clay on, Mann. Nays : o\bsent : Coun cil M mber W be r . Mayor Taylor . The Mayor Pro Tern dec lared the mo tion carried. C OU NCILM~ CL-\YTON MOVED TO ~PPRO V E THE FOLLOWING o\PP OIN T-ME NTS TO THE LIBR~RY BO~RD: DOROTHY WHEELEH~ -o\PPOINTMENT TO FOUR YE~R TERM EXPIR-ING FEBRU~y l, 19 83 D~LTON L. NORDYKE -o\P POINT~~NT TO FOUR YE-\R TERM EXPIR-ING FEBR U~RY l , 1 983 Co un cilman Williams second ed the motion. Upon a call of the roll , t h e v o t e res u lted as follows: -\y es: Nays: Council Members Williams, We b er, Smith, Harper, Clayton, Mann . None. I • ( • February 5, 1979 Page 9 Absent : Mayor Taylor. • • • The Mayor Pro Tern declared the motion carried. * * * * * * BY AUTHORITY COUNCIL BILL NO. 3, SERIES OF 1979 INTRODUCED BY COUNCILMAN MANN ORDINANCE NO. 4 , SERIES OF 1979 AN ORDINANCE AMENDING SECTION 10, CHAPTER 10, OF TITLE V, OF THE '69 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY AUTHORIZING AND DIRECTING THE CITY COUNCIL OF THE CITY OF ENGLEWOOD TO ENTER INTO DIRECT AGREEMENT WITH CERTIFIED EMPLOYEE GROUPS WITHOUT THE NECESSITY OF IMPLEMENTING SAID AGREEMENT BY GENERAL LEGISLATION. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 3, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * BY AUTHORITY COUNCIL BILL NO. 2, SERIES OF 1979 INTRODUCED BY COUNC ILM~N MANN ORDINANC E NO. 5, SERIES OF 1979 ~N ORDINANCE APPROVING ~ COLLECTIVE B~RGAINING AGREEMENT FOR THE YEAR 1979 BY AND BETWEEN THE CITY OF ENGLEWOOD, COLOR\DO, AND THE ENGLEWOOD EMPLOYEES ~SSOCIAT ION; AUTHORIZING AND DI- RECTING THE MAYOR AND OTHER PROPER CITY OFFIC IALS TO EXECUTE AND ATTEST THE SAME AND REPEALING PERTINENT PROVISIONS OF THE OFFICI~ CITY CODE. • I • • Fe bruary 5, 1979 Pag e 10 • • • COUNCILM~N CL~YTON MOVED TO P~SS COU NCIL BILL NO. 2, SERIES OF 1979 ON FIN~L RE~DING. Councilman Harper seconded the• motion. COUNCILM~ SMITH MOVED TO ~NO THE MOTION ~D DELETE SECTION 3 ~NO FOR THE CITY ~TTORNEY TO PROVIDE SUBSTITUTE Lfu~GUAGE FOR THIS SECTION ~D TH~T THE TITLE BE CH~GED TO REFLECT THE S~. Councilman Weber seconded th e motion. The City ~ttorn ey stated a period should be inserted following the words "the same" on line 5 of the title and all words following "the same" should be stricken. Mr. Berardini stated the following language should be substituted unde r Sec-tion 3: That where any section or sections of Chapter 3, 4, 6, 7, 8, and 10 of Title V of the 1969 Englewood Municipal Code, as amended, which refer to "all full-time , permanent, classified non-emergency employ ees of the City," shall conflict with the pro-v~s~ons of the Memorandum of Understanding approved herein, then the provisions of the Memorandum shall pre vail over the provisions of the City Code". Upon a call of the roll , the vote resulted as follows : ~yes : Nays : ~bsent : Counci l Members Williams, Weber, Smith , Harp ~r. Clayton, Mann . None. Mayor Taylor. The Mayor Pro Tern declared the motion carried . * * * * * * BY <\UTHORITY COUNCIL BILL NO. 4, SERIES OF 1979 INTRODUCED BY COUNCILM~N SMITH ORDIN~CE NO. 6, SERIES OF 1979 ~ ORDIN~CE ~NDING CH~PTER 9, TITLE V, OF THE 1969 ENGLEWOOD MUNICIP~L CODE REL~TING TO THE CITY OF ENGLEWOOD RETIREMENT PL~, REDEFINING THE TERM "EMPLOYEE", REQUIRING DIS~BLED EMPLOYEES TO M~E ~PPLICA.TION FOR RETIREMENT ~D MODIFYING THE MEMBERSHIP OF THE RET IREMENT BO~RD. • I • • - • February 5, 1979 Page 11 • • • COUNCILM~N SMITH MOVED TO P~SS COUNCIL BILL NO. 4, SERIES OF 1979 ON FIN~L RE~DING. Councilman Weber seconded the motion. Upon a call of the roll , the vote resulted as follows: ~yes: Nays : ~bsent : Council Members Weber, Smith, Harper, Clayton, Mann. Council Member Williams. Mayor Taylor. The Mayor Pro Tern declared the motion carried. Councilman Williams stated he voted no because he pre- ferred either changing all boards' memberships or none at all. * * * * * * BY ~UTHORITY COUNCIL BILL NO. 6 , SERIES OF 1979 INTRODUCED ~S ~ BILL BY COUNCILM~ WEBER ~ BILL FOR ~N ORDIN~CE V~C~TING THE ~LEY IN BLOCK 9 , J~CKSON'S BRO~DW~Y HEIGHTS, CITY OF ENGLEWOOD, COUNTY OF ~~~OE, COLOR~DO. COUNCILM~ WEBER MOVED TO P~S COUNCIL BILL NO. 6, SERIES OF 1979 ON FIRST RE~DING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: ~yes: Nays: 1\bsent : Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. Th e Mayor Pro Tern dec l are d the mot i on carried. ORDIN~CE NO. __ _ SERIES OF 1979 * * * * * * BY ~UTHORITY COUNCIL BILL NO. 7 SERIES OF 1979 INTRODUCED BY COUNCILM~ H~RPER • I • • II • February 5, 1979 Page 12 • • - 6.. BILL FOR 6,.N URDIN6..NCE 6,.MENDING SECTIO NS 16 ~NO 17, CH ~PTER 3 , TITL E XV, OF THE 1969 ENGLEWOOD MUNIC I P6..L CODE REL6..TING TO THE COS T OF REP6..IRS OR REPL6..CEMENT OF W6..T ER METERS, SIZE OF W6..TE R METERS IN THE EVENT OF CH6..NGE OF USE, ~NO DEL I NQ UE NT W6..TER BI LLS. COUNCILM6,.N H6..RPER MOV ED TO P6..SS COU NCI L BILL NO. 7 ON FIRST RE6..DING. Councilman Williams seconded t he motion. Councilman Cl a yton restated his pos i tion on leaving the billing interval to 30 d a ys i n stea d of th e proposed 15 days. COUNCILM6..N WEBER MOV ED TO 6,.ME ND TH E MOTION BY CH6..NGING SECTION 2. 15-3-17 "DELINQU ENT W6..T ER BILLS" IN THE SENTENCE "SUCH NOTICE SH6..LL BE EFFECTIVED BY REGU L6..R M6..IL TO TH E OWNER OR OCCU- P6..NT OF THE PREMISES FOR WH ICH THE CH~GE IS DUE"; STRIKE TH E WORD "REGUL6..R" 6,.ND INSERT "PERSO N6..L SERVICE OR CERTIFIED MUL OR REGISTERED MUL RETURN RECEIP T REQUESTED ,". Councilman Smith seconded the motion. Upon a call of the r oll, the vote r es u lted as follows: 6..yes : Nays : 6..bsent : Counc il Members Will iams, We b er , Smith, Harp e r , Clayton, Mann. Non e . Mayor Taylor . Th e Mayor Pro Tern declared the motion c a rried. 0 COUNCILM6..N CL6..Y TON MOVED TO ~ND THE MOTION BY CH6..NGIN G SECTION 2. 15-3-17 "DE LINQUENT W6..TER BILLS" BY ~D OING THE WORD "WORK- ING" BETWEEN THE WORDS FIVE 6,.ND D~Y TO REFLECT TH6..T THE "W6..TER DE- P6..RTMENT SH6..LL GIVE 6,. FI VE-WORKING D~Y WRITTEN NO TICE" INSTE6..D OF 6,. FIVE-D6..Y WRITTEN NOT ICE . Councilman Web e r seconded the mot i on. Upon a call of the r oll, the vote resulted as foll ows : 6..yes : Nays : ~bs e nt : Cou ncil Members Wil liams, Weber, Smith, Ha r per, Clayton, Mann. None. Mayor Taylor . The Mayor Pro Tern d e clared th e mot i on c arr i ed. COUNCILM6..N SMITH MOVED TO 6,.MEND THE MOTION BY CH6..NGING SECTION 2. 15-3-17 "DELINQUENT W6..TER BILLS" BCK TO 30 D6..YS INSTE6..D OF THE PROPOSED 15. Councilman Clayton seconded the motion. Upon a call of the roll , the vot e resul ted a s fo l lows: • I • • February S, 1979 Page l3 !\yes : Nays : !\bsent: • • .. • Council Members Weber, Smith, Clayton, Mann. Council Members Wil"liams, Harper. Mayor Taylor. The Mayor Pro Tern declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows : !\yes: Nays: !\bsent : Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tern declared the motion carried. ORDIN!\NCE NO. SERIES OF 1979 * * * * * * BY !\UTHORITY !\ BILL FOR COUNCIL BILL NO. 8 SERIES OF 1979 INTRODUCED BY COUNCILM!\N SMITH !\N ORDIN!\NCE !\MENDING CH!\PTER 9, TITLE V, OF THE 1969 ENGLEWOOD MUNICIP!\L CODE REL!\TING TO RETIREMENT. COUNCILM!\N SMITH MOVED TO P!\SS COUNCIL BILL NO. 8, SERIES OF 1979 ON FIRST RE!\DING. Councilman Weber seconded the motion. !\t the request of Council, Director of Finance James appeared before Council and discussed Section 5-9-3 !\. and B. of the bill "DEFINITIONS 'INTEREST R!\TE !\SSUMPTION !\NO MOR!\LITY !\SSUMPTION' ". Councilman Smith stated because of his participation on the Retirement Board he was aware the Board is going to contract an actuarial firm to do a study on the plan and that the assumptions fo r the study have not yet been set. He queried Director ~ames if the assumptions written in this bill would bind the Board to use them even though the Board may want to use others. Director of James stated the reason the assumptions are in the bill is because they have to be a part of the plan in order for the Plan to be qualified under the IRS regulations. Mr. James • I • • February 5, 1979 Page 14 • • • stated he did not see any problems if the Retirement Board arrived at different assumptions and came back to Council with their recom- menaations so the ordinance could be amended . Upon a call of the roll, the vote resulted as follows: !\yes: Nays: !\bsent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * BY <\UTHORITY ORDIN!\NCE NO. SERIES OF 1979 __ _ COUNCIL BILL NO. 9 SERIES OF 1979 INTRODUCED BY COUNCILM!\N H!\RPER !\ BILL FOR !\N ORDIN!\NCE !\PPROVING !\N !\GREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLOR!\DO, !\ND THE CITY !\ND COUNTY OF DENVER, COLOR!\DO, FOR THE TR!\NSMISSION, TRE!\TMENT !\Nr J ISPOS!\L OF SEW!\GE FROM CERT!\IN PORTIONS OF NORTHE<\ST ENGLEWOOD. COUNCILM!\N H!\RPER MOVED TO P!\SS COUNCIL BILL NO. 9, SERIES OF 1979 ON FIRST RE!\DING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: !\yes: Nays: !\bsent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tern declared the motion carried. ORDIN!\NCE NO. SERIES OF 1979 * * * * * * BY !\UTHORITY COUNCIL BILL NO. 5 SERIES OF 1979 INTRODUCED BY COUNCILM!\N CL!\YTON • D I • ( • February 5, 1979 Page 15 ~ BILL FOR • • .. ~ ORDIN~CE ~PROVING ~ ~GREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLOR~DO, THE URB~ DR~IN~GE ~D FLOOD CONTROL DISTRICT, ~D THE CITY OF GREENWOOD VILL~GE, COLOR~DO, REG~DING ~ FE~SIBILITY STUDY, FIN~ DESIGN, ~D RIGHT-OF-W~Y ~CQUISITION FOR IMPROVEMENTS ON LITTLE DRY CREEK TO REDUCE POSSIBLE FLOODING WITHIN CERT~IN ~RE~S IN THE CITY OF ENGLEWOOD. COUNCILM~N CL~YTON MOVED TO P~SS COUNCIL BILL NO. 5, SERIES OF 1979 ON FIRST RE~DING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: ~yes : Nays: ~bsent : Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * RESOLUTION NO. 6, SERIES OF 1979 ~ RESOLUTION DECL~RING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLOR~DO. TO CRE~TE ~ SPECI~L IMPROVEMENT DISTRICT IN THE CITY TO BE DESIGN~TED ~S P~VING DISTRICT NO. 26, ~DOPT ING DET~ILS ~D SPECIFIC~TIONS FOR THE PROPOSED DISTRICT, ~D ORDERING PUBLIC~TION ~D M~ILING OF NOTICE OF HE~RING TO THE OWNERS OF THE PROPERTY TO BE ~SSESSED FOR IMPROVEMENTS IN S~ID DISTRICT. COUNCILM~ SMITH MOVED TO P~SS RESOLUTION NO. 6, SERIES OF 1979 ~NO TO CH~GE THE MEETING D~TE ~D TIME IN SECTION I) OF THE NOTICE FROM MOND~Y. THE 12TH D~Y OF M~RCH, 1979, ~T 9:00 O'CLOCK P.M. TO TUESD~Y. THE 13TH D~Y OF M~RCH, 1979, ~T 8 :00 O'CLOCK P.M. ~NO TO CH~GE THE MEETING D~TE IN SECTION J) OF THE NOTICE FROM MOND~Y. THE 12TH D~Y OF M~RCH, 1979, TO TUESD~Y. THE 13TH D~Y OF M~RCH, 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes : • Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Nays : None. • ) I . • February 5 , 1979 Page 16 ~bsent : Mayor Taylor. • • - The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILM~N WILLI~S MOVED TO R~TIFY THE PROCL~~TION PROCL~IMING J~NU~Y 25, 1979 ~S "GERRI VON FRELLICK D~Y". Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : ~yes: Nays: ~bsent : Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tern d eclared the mo tion carried. * * * * * * City ~ttorney Berard i ni presented the judgement from the Colorado Court of ~ppeals in the cas e of Oliner vs. the City of Englewood. Mr. Berardini stated the case concerns Mr. Oliner and others who attempted to defeat a lease/option agreement on the land presently leased by the City wher e the Police/Fire Center is located on the technical rule called the rule against perpetuities. Mr . Berardini stated judg eme n t ru le s in favor of the City and Mr. Oliner has filed a motion for a r e hearing of the case. Mr. Berardini stated he did not suspect th ~ Court to rehear the case and if it goes to the state supreme court, the City will resist such action. Mr. Berardini stated he would let Council know the status of this case just as soon as poss ible. * * * * * * City Manager McCown presented a memorandum from himself to the City Council concerning the six-quarter budget, January , 1979 through March, 1980. Mr. McCown stated Council approved th is budget when they adopted the 1979 budget. Mr. McCown stated there are some changes in the budget : 1) mo ving Little Dry Creek from the third quarter of 1979 to the first quarter of 1979; 2) con- struction of fire stat i on no. 3 has been moved from the first quarter of 1979 to the third quarter; 3) projects planned for the first quarter of 1980 are City Survey, River Development, Central Storm Drainage Basin and Little Dry Creek; 4) projects planned for the second quarter of 1980 are Paving and Sidewalk District and Central Basin. * * * * * * • I • - • • February 5, 1979 Page 17 • • • RESOLUTION NO. 7, SERIES OF 1979 ~ RESOLUTION TO CH~GE THE FIREFIGHTER POSITION TITLES IN THE CL~SSIFIC~TION PL~. COUNCILM~N WEBER MOVED TO P~SS RESOLUTION NO. 7, SERIES OF 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: !\yes: Nays : !\bsent : Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * City Manager McCown stat ed representatives from Mission Viejo have contacted him requesting a postponement for their meet- ing with Council on February 17th. Councilman Clayton r e quested the City Manager to make arrangements for a meeting on a Saturday either March lOth or March 17th. * * * * * * COUNCILM!\N SMITH MOVED TH!\T LETTERS BE SENT WITH M!\YOR T!\YLOR'S SIGN!\TURE SUPPORTING THE COLOR!\DO MUNICIP!\L LE!\GUE'S OPPOS!TION ON SEN!\TE BILLS 235 !\ND 261 !\ND HOUSE BILLS 1232 ~D 12 39 !\ND TH!\T COPIES OF THESE LETTERS BE SENT TO COMMITTEE MEMBERS !\ND LEGISL~TORS. Councilman Clayton seconded the motion. City Manager McCown stated a letter concerning House Bi ll 1232 has already been sent . Upon a call of the roll, the vote resulted as follows: ~yes : Nays : !\bsent : Council Members Williams, Weber, Smith, Harper , Clayton , Mann. None. Mayor Taylor. The Mayor Pro Tern declared the motion carried . * * * * * * • I • • • February 5, 1979 •Page 18 • • • There was no furth er business to be discussed. * * * * * * COUNCILM~ WILLI~S MOVED TO ~DJOURN THE MEETING. Mayor Pro Tern Mann declared the meeting adjourned without a vote at 9 :35 p.m. • D I • • • • • • RECYCLE WITH ECC·CWCLE LITTLETON/ENGLEWOOD RECYCLING , INC . (lnc tuding Sheridan, Ch e rry Hills & GreenwOOd Villagel A BI·CITY RECYCLING PROGRAM OFFERS FR EE CURBSIDE PICKUP OF Aluminum Bellerage Cans, '"'R II UsedOil •.. :JL..... • Automobile Parts .a~-~~ap ~t.al ~ . ' ..... ~. ~ Bottles, Jars and Containers - All Kinds & Colors "'"·' '. l"f'"''v• 11 , r (N Jl"\·•, 1•r r, t••"l't ' ~;,~ I ~Ito , •I • .. 9 t l. . ma;:;;.;::::1 Steel s-tage Cans , ~Bottle lOps, Small Metals ....1:..:.... ' • ·•qoo (-~ ....... t•-e • ._ •. .:._ ~ .... ... •• lj of-' • ) '" • • .,.,.... .. '1r ~"(I .... • .. , f• !" t :..to,~r •r· t 1<1, J' · r•~t '"t.'f· '•t'j ar••r Tin Food Cans Flattened ~ liPPLIA."K.ES ACCEPTED 4.7 [);(OPQF F CENTER . 795-7836 Ph!U! "~t' ,.tre•C!\, blo..awu or p.M~LIJ,.U. Drive-in Drop-off Center 7 a.m.-9 p .m . daily at 2301 West Belleview VOL UNTEE R NON-PROFIT • 0 I • • • • • • ECC·C~CLE PICKUP SCHEDULE FOR 1979-1980 ~o Y ,}> • I l (_Pio,J-..:, POST THIS MAP IN A HANDY SPOT 1-/,Y Pll<"fl• h ,_'I I ''.{; ..-~S ~(.J' T Tli( .........,., !'Y "kJJ ..VI /ARICtt.> l'1..PJ•, •<:J.~I#o 'Jo'An._ "" IFI'<t_A,y'YII,A\IIIOfi:!.H ... PU• 1.1' "ILL 8l CAM:Ct.LJ , 1 .I C. 8£ S~ YOUR RE<;'I'CI.AJL!:S ~RE. A~ ·'1E .. B' l:0:1 ~.v.. THE Sc:hEOUt..ED Q.;'f F Y' '£: .. oHb:JRHo..O.;. S1'-; E. ... oof CP.lVER I"'AY APPROA.Oi Y r-t)IJSE f-R ·~'"I ThE Ul \ Tl~~, 111.: RE:YC LABL.£5 SMOULO 5~ C.L~LY 1~18;..:_ F-Ro--· ThE STREET . 795-7836 Englewood 1st Saru rd ay Monthly 2nd Satur·day Monthly 3rd Saturday M onthly PAt>AAI,.,._, lt(OClAih.£5 4th Saturday Month ly ,7,'7"'1;\:7'*:,&.,;;-t'i'if-' ~:.TL'; II[ 41~ ~ ~ ~~; I• ''*" IJioO, V<~Jot.l,., \Jt U.~.,.t. 7U·7U6 ,... p,. • littleton ~At. At..(~ .J ~Ii:' ••Ill, No() D.~•' T I'll• • 0 0 I • • .J Iii UsedOil •r•t•~ 't"•' ...... ~ • • - RECYCLE WITH ECO·CWCLE LITTLETON/ENGLEWOOD RECYCLING , INC . (Including Sh eridan, Cherry Hills I Greenwood Village) A BI-CITY RECYCLING PROGRAM OFFERS FREE CURBSIDE PICKUP OF ~~ •. Foil , Food Containers jol,.f•.er, ~ ' tlor~ bf.t :'l ll!', r•JIHU~. • Automobile Parts and Scrap Metal It ~nw platA ;, r. pt~r~ APPL t MUS ACCEPTED A7 DKOPOF CENTER. 795-7836 • Tires Ple•se no retre•dL blowou t s or Pllll t tureL Dr ive -i n Drop-off Center 7 a.m .-9 p .m . daily at 2301 West Belleview ,......,.,, •• J.' ~f ~ J.II.J ., .... ,( •. lit. ... "'-....... *" ·~,...,. ~ ........ ~,_Jo·. '"!.A-• .1' 1['-J, t.ttf~·(J-·~,,. "~" ...... ...,. ~. ...~. ..u.t •... '«) ,.._,. • •• -\1( r. ••. ' .. ,. ~' ' ...Al<.t • VOLUNTEER NON-PR OFIT • • 0 0 I • • • • • - ECC·C~CLE PICKUP SCHEDULE FOR 1979-1980 r'ARJ, TC AREA Hllt FR(f (UU,~fOC PI(K\P A:. T'1 '\ POST THIS MAP IN A HANDY SPOT BE SLRE YOI..R RECYCLA9LES AAE AT THE CLJ\.B BY 9:00A .M. ~ lr£ SO,::DIJL£0 ().\y FOR YOL.R NEIGHBORHOOD. SlNt.:E T.-jE OP.l\IER M4.Y APPROAOi YC>t.R MOUSE FROM E I THE.R 0 1 RECTI ~j.. THE RE:VCLAB LES SHCJULD Bt: CLE.AALY VI SI BLE FROM THE S TREET. w. EVANS 795-7836 Englewood YALE 1 sl Saturday Monthly HA.NSf'IE1.D 2nd Saturday Mo nthly 3rd Wednesaay Monthly t.~~ov P~IT HI<.A"'Ii:f •r:U•K. Go..E So\, t<J ~it. ../'f'U j!T'f ,... VAAl>~ .~-t~o;, TQUP< AND '-"'N'S. w. llflU:Wit'oo ~ Beg1nnlng Hdrcn 2 t, 1919 ""--=~~,.--/------ - -T-;wu. emnc;;L.EV;;;:Jt:W------~=~:.L._---..J I f ~.t..V'r ltf;JI\j 'PIL< I,.P ""l l.L !IE CA."'<£Llf.O. h l .(. lt4Dil "-OE'41J>o O, •.HI)o.bJO, ~ C.C.Li. 79S·11Jc> FO'i /t,f(). Litll~<ton 3rd Saturday Monthly .~cALf~ .... ~ - --1 ~ TY LifE ltD. 4th Wednesday Monthly Beginning M1rch 18 , 1919 !j(PARArE 'I'M ~ CLA8LfS "L.ATL'J, 1U:1-t .t: LA6CLS 11<t SQlASH CA'6, PA,CX t.at: P.:.;..[lt$ 1'1 SAC;..S OR TIE AI &J~tx.t n<M. ,HP GlAU IKITTI.lS ,_ JoUtS CL£.\t,; NKJ lJeii(X[k,...,.., 01N'T Mill: ltECTct..A6U.S. 1#••\llll'l "'"" • 0 I • - • • • • • LITTLETON /ENGLEWOOD RECYCL I NG . I NC. • 2301 W. Be ll evtew Ave. • Lmleton , CO 80 12 0 • 795-7836 Februar y 2 0, 1979 Tc the oeo?le of the City of Englewood: On behalf of Eco-cycle, I want to t~an k y ou for t h e suo~ort y ou have shown us. It is key ?eocle like you r- selves that will enable this long nee d ed p rogra ~ to continue. I invite each of you to contact me at your convenience. and set un an a p~ro~riate ti~e to tour our site an d actuall y observe the ··r:-,ecnanics " of a rec yc ling collection ~rogran. E=o-cycle started free curbsi d e nicku~s of recyclable items t h is past july in the city li~its of Englewood an d Littleton. ~e are totally nonprofit, volunteer orqaniza- tion with all proceeds going back to the community through vouth, church, and school groups. Eco-cycle is dedicated to provide a comprehensive recycling ~rogram to conmt:nities such as y ours, reduce ~ollution and p ro vide an alternative to conver.tional fund raising r.e tho ds f or conmunity qrou~s. Ag ain , thank y ou for allowing us to provide this valu- able service and we look forward to working closel y wi t h you in the future . S incerely, G~~~ Project Cirector I • - • • • • :~e Littleton ~at~ral ~esourc es and Ener~y Conserva:ion Task Force ~as established by t~e littleton City Council in Jul y o~ 1~77, and c~arged ~!th considering all areas of natural reso~rces and ener gy conservation applica~le to the local co:nunlty. The Task Force exa=in ed numerous alternatives and decided that recycling s hould be given priority because of its potential for enersy and natural resource sa vin~s. The Task !orce sa~c1tted a proposal to the Littleton City Council authori:z:ing the .byla•.;s for a non p rofit corporation called Littleton-Englewood R ecycling, Inc. T~e proposal passed and a Board o~ r!rectors was set up consisting o~ seven members serving two-year ter~s. T~ree of the ~em~ers ~ein; residents of En;le~ood and t~ree ~rom Littleton. A seventh member was selected ~y the ot her ~oa rd men~ers and can resi de in ei:h er Littleton or Engle~ood. Littleton /!ngleuood Recycling, doing ~usiness as Eco-cycle, ~egan operations July 3 and is a nonpro:it corpo rat ion de - dicated to creating a program of comprehensive recycling for L!ttleton and ~n c leuood. It's pur?o se is to co~municate to the public the value of recycling, to educate thee in the cethods and means of recyclin g, an d to demonstrate tha: rec ycling can ~e self-s~staining on a broad scale. !co-cycle exists to serve the people and conserve our na:ural resources. I:s goal s are to create jobs in resource recover y, ?rovide f~nd-raising activities for community or~ani:z:ations, assist in the developcent of recycling s y ste:s across the nation, and to h elp preserve the natural env!ronment. !co-cycle ~s commit:ed to improving t~e economy, protecting the environ- ment an d en~ancing t~e quality of life in our community. !co-cycle involvea many community elements in its pro~ram. !~ six =onths of operation over ~2,0~ry has be en given to com~unity organizations (Sierra Club, c hurc~ grou?S, h~~~ sc ':'lo o~ :,ands, etc.) in"~JOl\"ec! in t he projec:. -ua.n y groups ~ave si;nee up to do Eco-cycle col lections on a regular ~asis and many have discontinued ot~er fund-r~ising ac:ivicies ~ecause the pickup system is both fun and profitable. Eco-cycle ~ill cont inue to involve com~unity organizations, and as the program g rows, so will the financial profits and the nu~ber of group~ par:icipating. !cc-cycle provides the =esidents of the cities of Englewood, Littleton, Sheridan, Greenwood Village and C~erry 9ills ~it~ a ve=y unique service a coc?rehensive recycling progra= ~it~ a free curbside collection service. T~us, the residents of eac~ com~unity ?rovided ~ith the service are given the I • • - • oppor:unity to donate funds to was considered • • • recycle t~ei~ =ate~ials and at t ~e same a local co~ounity organization. What trash is becoming a valuable co~=unit y ti:::e once re- source. Also, t~e residents are Riv e~ an opportunity to ~o their part in the battle a3ainst ~asted resources and pollution of the environ=ent. Eco-cycle collections in the combined areas o: Li:tleton and :nglewood east o: Santa re a~e con~ucted on Saturdays using community service organizations to provi~e labor for loadinG and unloading collection vehicles. Collections in the recent expansion areas of Sheridan, Gr eenwood V illage, Cherry Hills and all other areas of Littleton and En g lewood is conducted by the !co-cycle staff on scheduled Wednesdays. During the wee~. t h e staff also ser vi ces t h e d~ive-in drop- of: site located at the old Litteton Sewage ?lant, 2301 J est 9elleview. The drop-of: site is o~en 7 :00 a.:::. to 9:00 p.~~ seven days a week and is used by the public as a drop-off location for recyclable materials. At the drop-off site and along the curbs !co-c y cle presently collects: ~ewspapers (bundled or sacked) Steel beverage cans Clean tin food cans Automobile parts and Tires (no blo~outs, (both ends re~oved & flattened) scrap metals retreads or punctures) Aluminu= beverage cans r sec! oil (in plastic containers with screw-on li:s) Glass bot:les, jars and containers (lids removed and do not break) !n a:c!i:ion, appliances are accep:ed at t~e drop -off site. A t a p rocessing site, located on land donated by the City of Li:tleton, workers place separated materials in approrriate con:ainers for transport to markets. !co -c y cle gene rates considerable e : : e c ~ s '' in t ~ e s en e r a 1 e c ~ no c. y . !.nb: "spin offs" and "ripple Examples include the follow- An overall reduction in waste, litter,and unsibhtl y as w e ll as un sanitary refuse, leading to a cleaner enviro~- ~en t. ~esourc e conservation, especially virgin ti~ber, petro- l eum, ~etal ores, ~acer and certain synt~etics (e.g. "rubbe r "). -~- I • • • • • Energy conservati on, Joth ~~rectly (cecreased consu~p tion o: oil and e le ctri city) and i ndirectly (Jy pro- vidin~ ~aterials for insulation ). Educational Jenefits, such as a ~reate r a~areness and knowledge concerning local en?ironcent an d econom y, through school participation and special training pro- gra~s :or students and teachers. Job creation, as a result of incre~sed demand for re- cycled ~aterials. Recyclin~ is ~ l a bor -intensi ve activi- ty and a good ~eans o: e~plo ying people normally con- sidere d hard to hi re--the h andicapped, retarded, dis - turbed, :hose ~it~ a criminal record. A boos: to small bu~ine ss and s mall -scale pecially salva~e companies, scrap dealers inCustry, es- and :~e lik~. D evelo ?::tent o: e.g., improved heating. new applicat~ons road surface and :or recycle d ~ater~als, insula tion :or ~ome En~ancing the benefits d eri v ed fro~ community group activities as a result of their inc reased earnin ;s. ~nique aspects of the p ro~ram (utilizing groups, volun- teers, emplo yee s, business connections an d gover n!!!enta l assistance ) encourages puJlic ~nvolvement and awareness, thereb y f a c~litating greater understanding and co::~muni ca:icn b et ween disparate social ele~ents in the co::~::~unity. C~eatio:1 o! ~ tive ideas :o !.arge ?OOl b e applied c: to acti v e volunte ers other ?rejec ts. and innova- In general, an i!!!proved quality of li:e for the co~m unity gaining mo re use with less waste. :: e J e 1 i e ,, e the extern a 1 "rip p 1 e effects" of g ra::~ wi~l be substant i al, and in every case co~mun ity and nation. the !::co-cycle beneficial to ?t'O- the -3 -- I . -• • • GUIDELINES FOR ORGANIZATIONS PARTICIPATING IN LITTLETON/~GLEWOOD ECO-CYCLE RECYCLING COLLECTIONS -19 79 1 . Each organization is required to have a niminum of 15 ~embers participate in the Eco- cycle collection. A. At least 4 of the 15 members mus t be adults (age 20 or over). B. Three of those adults must be capable of driving ~NO -ton trucks o r school buses. These individuals may or may not be asked to drive, depending on t~e need that par - ticular day. No special licenses are required to drive L,ese vehicles. C. If your group has members between 11 and 13 years of age, on e adult must accompany each three children. D. Children under 11 years old will not be pe~tted to participate in collections. E. Please assign one member of your organization as supervisor for u,e day. This in- dividual should identify himself/herself to the Eco-cy cle sup ervisor first thing in the morning. For new groups, this person should arrive at the site by 2:00 p.c. at least ~~ weeks in advance of your scheduled collection date for a brief orientation. F. The group supervisor is responsible for providing a list of all members present at the beginning of ~,e pickup and for noting times when memb ers depart or are replaced . 2. What is expected of you r organization: A. All group members must report to 23 01 W. Belleview (old sewage treatment plant - just west of Santa Fe on Belleview) by 8 :00 a.m. B. Group members should dress warmly during ·~nter monu,s, and ~ring plenty o f liquids. C. For your protection, wear heavy shoes or boots and •NOrk gloves. D. Group members should either bring a sack lunch or travel in truck crews to one location for lunch. Lunch should be kept to 35 minutes. E. The group is responsible for collection of all materials left at curbside in all o f the areas assigned by Eco-cycle. Also, all trucks are to be unloaded before :he end of the day. If time is left, yo ur organization is also responsible for help ing to sort materials. F. Your adult members are responsible for direct supervision of your yo unger members . No children should be playing in or near appliances or glass areas. G. You should educate your group members prior to your collection date as to the differences be~~een different types of recyclables. H. Occasionally , your organization will be asked to distribute Eco-cycle literature while making the rounds on Saturdays. I. If your organization decides to cancel a collection date for which it is scheduled, please contact Eco-cycle in ·~iting ~~enty-one days in advance. J. A $10.00 non-cancellation deposit is required of "first-time" g-roups. This deposit will be be refunded upon successful com pletion of the day's work. 3 . Penalties: A. Each g-roup will lose 10~ of their earnin~ for each and every adult member not present. B. Each g-roup will lose 5~ of their earnin~ for each and everJ non-adult member not present. C. Any group that ar-rives with less than twelve members will forfeit half of their total earnings. D. For each group member that Leaves early and is not replaced at the same time by a new group mem ber, 51. of the p-rofits ·~11 b:e"subtracted. This only applies if a group has twenty or less members working. This does not apply to end of the day departures approved by the Eco-cycle supervisor. E. Any damage by group members to an Eco-cycle vehicle will be subtracted from ~,e group profits. -------------- I • • • • n • • • VO LUtiTE ER GROUP IN F CR~1AT ON Pl ease complete and return immediately to: ::c O-CYCL E 2301 W. Be ll ev i ew Littleton, Colo r ado 30120 ORGAiH Z . .UI ON N AI~E: _______________________ _ PURPOSE OF OR\JA NIZA -ION: ------------------------------------- 1·1AILI NG ~D O RESS FOR PAn1ENT: __________________ _ ELC:P HON E: ----------- CONTACT PE~SO N : ___________ ELE?!-iO NE: ______ _ GROUP SUPER. VIS OR: ------------------T ELEP HO~I E: ----------- i·1A KE CH E C~ ?.ll.Yil.BL:: TO: _______________________ _ TO TAL P .~RTICIP.~TI:·IG ~1E >1BEi<SHIP : ____________ _ TQT,;L SUPPORT .tiG l·l Eii BE:<.SniP: ______________ _ ~hat pub licity act "v ity have you done in the past to i nsure that your ~e m bers and friends are part i cipating i n th e recycling servic e ? In creased pa rticip ation is what benefits all of us , espec~a . y since we are beginning month ly pick -ups in each area . What ~ub li cit y will you do in the coming ye ar and of what he l p can C:co -Cycle be (s lide sho •o'l, ?~aph ics,etc.)? Please attach a l e tt er on your sta tio nery expl ain ing ~~hat f:.mds earned thro ugh Eco-C yc l e will be used for . ~hat change s wou ld you like to see in the Eco-Cyc l e program to n e l ~ you r gro up part i c ip ate ~ore fully? Any add ition al co mm ents t o he l p ~a k e this program better for all of us? agrees to part i c ip ate i n the Eco-C yc a (name of or ga ni zat i on ) rec ycling program under the requirements and guidel in es se t for :h . I '"i i 1 cvmmu nica:e these requirements to all group members . Oa t:: ______________ Signed: _______________ ___ I • • - • • • • • COUNCIL ACTION REQUEST LIQUOR AND ).2 BEER OUTLETS APPLICANT: Pa ul H. and Shake T. Daghlian dba Paul 's Restaurant and Pizzeria 3542 S. Fox TYPE OF ACTION REQUESTED: Application for hotel ana reHtaurant liquo r lice nse POLICE AND FBI REPORTS: N/" PREVIOUS CITY COUNCIL ACTIONS DU RING PRIOR TWO YEARS, EXCLUDI NG ANNUAL RENEWAL: Granting of beer a nd wine license, Julf 1977 CITY ATTORNEY'S REV I EW: COMMENTS: Purpose of appearance 1. Set public hearing date 2 . Establish neig hborhood boundaries 2 I • • - • • • • ORL 404 (Rev. 717 8 } DO NOr WI/ IrE I N rHIS SPA CE STATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR A LIQUOR LICENSE This application must be filed with the Colorado Liquor Enforce Division , State Ca pitol Annex Building, 13 75 Sherman S trut, Denver, Colorado 80261 , telephone (303) 839 ·3741. No license will be granted u ntil tht oppllcotion has bun approved by the Looel Liarel"'l ing Authorit y . IMPORTANT: CHECK THE APPROPRIATE BOX FOR THE TYPE OF LI CENSEIS) BEING APPLIED FOR . THIS IS AN ORIG IN AL APPLICATION AND A COP Y MUST BE KEPT IN YO UR F I LES FOR REFERENCE WHEN APPLYING FOR RENEWAL LI CEN SES. 0 RETAIL LIQUOR STORE LICENSE -C ity 0 RETAIL LIQUOR STORE LICENSE -County 0 LIQUOR LICENSED ORUG STORE -C ltv 0 LIMITED WINERY LICENSE 0 WINERY LICENSE I 10,000 B ond Aequ i r~l 0 WHOLESALE BEER LICENSE • 0 LIQUOR LICENSED DRUG STORE -County 0 BEER & WINE LICENSE -City 0 BEER & WINE LICENSE -County $177.50 $282.50 $177.50 $282.50 $152.50 $237 .50 $110.00 $30 1.25 $301 .25 $301 .25 $110.00 0 WHOLESALE LIQUOR LIC . ($1 0 ,000 Bond R~u l red ) 0 D IS TILLERY LICENSE ($10 ,000 Bond Required ) s 25.00 s 250.00 s 500.00 $1000.00 $1000.00 $1000.00 $ 250.00 0 CLUB LICENSE rJil HOTEL & RESTAURANT LIC. -C i ty & County 0 TAVERN LICENSE -Cltv & County 0 RECTIFIER LICENSE ($10,000 Bond Required) 0 IMPORTEII 'S LICENSE 0 BAEWERY IBEERI LICENSE s 250.00 eech .... $ 25.00 0 RACE TRACK LICENSE 0 PUBLIC TRANSPORTATION LICENSE (jalene bus, cer) 0 ARTS LICENSE •May Requir e Bond The undersigned hereby makes application for a state license as indica ted above, under the provisions of Title 12, Article 4 7, CRS 19 73 as amended, and for that purpose makes th e following answers t o the questions contained in th is app lication. Every applica ble question must be answered. Any false an swer or statement mode by the applicant const i tutes perj ury and th e person making such fa lse statem ent subjects any license issued h erein to revoca tion. All ANSWERS MUST BE PRINTED IN INK OR TYPEWRITTEN 157-36-9547 Social Sec uri ty No15 4-4 0-0 3 0 5 1. Name ot Applicentlsl : __ _..P.Ii.Al.lUo~..L...__,.H~ • ._..,.D~~;;Al.lG;~,Hu....LL.II"'AN-.......IOal.ln~d...__..si..IH;j,jA~KE.w....;r_.DJ.!.CA~G;uH;~,I""'1""I..tA:~o~N.L... ___________ _ 2 . Trade Nome : PAUL'S RESTAURANT & PIZZERIA Bus mes1 Telephone : 761-7121 3 . Address of piKe to be licensed : (Exac t Location o f premises must be given. G ive street and number, where possible. If place to be licensed is located i n a town or r ural d istrict where it is impossible to gtve street and num ber . the lot and block number or part of section where lo · cated must be given : 3542 South Fox Street 4 . Ctty or town : Englewood ZipCode: 80110 county : Arapahoe Colo. Mail ing Address: 3542 South Fox Street, Englewood, Colorado Zip Code: 80110 5 . Do you have leg~l poa.ession of the premises for whic h t hts applicetion for lice nse is made? ~ YES 0 NO 6 . Are the premises U owNED 0 RENTED 1 If rented, from whom : __ _.N:!.I....LL-------------------- 7.· Is applicant(s) or all officers of the corporation citizen (s) of the Un ited States? >a YES 0 NO 11 1nswer Is no, gi ve Allen 's Reg lstr1t1 on Cud N o . B. Is the applicant, or any of the partner~ 'J r officeriLstockholders or directors of sa id applicant (if a corporation) or employees of any such under the age of twentv ·one years? Y ES ~ NO 9 . Has the appl icant , or any of the partners or off icers, stoclsb.Wders or d irectors of sa id applicant (if a corporatio n) ever been convic ted of a crime in the state of Colorado o r elsewhere? D YES .XU~ NO If answer is yes, state full details : 10. Has the applic ant, or any of the oartners or officers, d ir ectors or stockholders of sa id appl ic ant (tf a corporation) ever : {al been dented a license under this liquor law? 0 Y ES JC NO (b) had an alcoholic beverage license suspended or revoked? 0 YES }CDg NO If ansWIII8r 11 yes, explai n (attach separate sheet if neceSNry): ----------------------------- 11 . Ar e these premises now licened under the State Liquor Law or Bee r Code? Qg YES 0 No Paul H. Daghlian and Shake'~Daghlian If ans~~~~~er Is yes, to whom is the license issued ? _ _ 11-90495 State license No . -------------------------------------------- • I • • • • • - 12. Do you have a Coloredo State Sales Tax Acco unt ? 0 Y E S D NO If answer ''yes, gi ve Account No . 11-91306 13. 14. Do you or any memben of your fa m ily have a financial .nterest many other l 1qu or ltcense? 0 YES XlCNo (Such interest may include any equity interest or loan .) None except the existing Deer arrl Wine License If the answer is yes, exptain in detail : ___________ ..:;... _______ _;: ________________ _ at the subjectlocation. Does any peno~ firm or corporation have a f inanc•a l tnterest , evidenced either by loans or equity ownersh •P in the business , fo r wh •ch th1s hcense is requested/ U YES )(X NO If the answer is yes, state the names, address and amount of such financ•al •n tereu ex.prened either in dollars or other items of value , such as inven - tory , furniture, fixtures and equ•pment . I Use separate sh eet tf necessary I: None except the applicants, Chatfield Bank and U. s. Small Business Administration. 15. L11t the names and eddreues of all btu inH~eS '" wh•ch any o f the persons in the previous q uestio n are interested. (Use seoarate sheet tf necessary): 16. No m e Bus i nes Addreu N/A Ar e thew premiMS loeeted wi&WJI 500 f•t of any premises occupied by a public or paroch ia l school , or th e principal campus of any college, univer· sity or sem inary ? 0 YES ~0 If answer is yes, explain : ------------------------------------------ 17 . Do you have a Drug Store License iuued by the Colorado State Board of Pharmacy 1 0 Y ES JD NO Ltcense No . 18. Are y ou or do you employ a R egistered Pharmacist in the State of Colorado? 0 Y ES XX No If yes, give License No . 19. IF THE APPLICANT IS AN INDIVIDUAL, ANSWER THE FOLLOWING : (a) Give the name, address {i ncluding city I and date of b irth of tht:: applicant : Nome of Applicant Ho m e A ddress & Ci ty Datt of Birth N/A (h) If manager of the busi"'"'~ ., not the apolicant , ifnswer \he fullowtng : ·' Nome of Monoger Ho m t A ddress & City Datt of Birth N/A 20. IF THE APPLICANT IS A PARTNERSHIP, ANSWER THE FOLLOWING : (a) Give the Nme, address (tncluding city) and dat e o f birth of each panne r (use 5eParate sheet if necessary): Nome of Portner Ho m e A d drest & Cit y PAUL H. DAGHLIAN 7169 S. Webster Street. Littleton, Colorado SHAKE'TDAGHLIAN 7169 S. Webster Street, L~ttleton, Colorado fbi Gtve the neme , addreu (including c ity ) and date of b~rth of t he manager : N ome of Manager Hom e A d dress & Ci t y PAUL H. DAGHLIAN 7169 S. Web ster Street, Dote of Birth 3-7-26 8-15-31 Dote of Birth 3-7-26 L~ttleton, Colorado (c) When d id satd partnership (e•cept hus band and Wtfe partnersh •p) commence doing business? (Husband and Wife) fSubm•t a copy of the partnership agreement w ith thts appl icatton .) 21 . IF THE APPLICANT IS A CORPORATION, ANSWER THE FOLLOWING : fa I Corporation is organ1zed under the laws of the State of N/A Date : (b) Pr incipal business is conducted at ------------,County of -------,State of-------- (c ) Date of f iling last annual corporate report to the Secreta ry of State :------------------------- (d) list the name, home address (i ncluding ci t y I a nd date of b irth for each of the off icers listed below: Num t o f Officer Hom e A ddre5s & Cit y Ootr of Birth Presld._nt : ---------------- N A VIce-President : Trusur..-: • I • - ( • • v • • • tel List all stockholders owning or controlling the capital stock of the corporation . Include actual owner or pledgee. (Continue on separate sheet if necenary.) No me of Stock holder H o m e A ddre ss & City 96 Stock Da rt of Birth N/A (f) L•st all d irectors in the corporation . Nome of Director N/A (Cont inue on separate sheet if necessary .) H o me Address & Ci t y Date of Bir th ,, 22. When d id you purchase or start operating this business? Date : October 3. 1977 II purchased, from whom?----------------------------------------- 23. Give the names of three responsible character references who can vouch for your qualif icat ions and desirability as a l icensed operator. showi ng the number of years you have known each. No me of Refertna Address (in clude cily, state ond z ip ) Michael G. Grover. 7173 S. Webster. Littleton. Cnln Rn171 Steve Blair, 672 Birch Street, Denver, Colorado 80220 Charles Grzen, 6570 West David, Littleton, Colorado 80123 No . Yeor.s Known 2-1/2 2 2 24 . Lis t below your busineu or employment record for the past f1 ve y ears (Use separate sheet if necessary .I Firm Nome & Address Yo ur Position Dote Em ployed ;;P.:;a'-';u;-:1~' s~.!.R:::e:.:s::.t;:.a~u~r:..;a~n~t~&:...!P:..;~:!:.· ~z.:<z.=e".r"'~~· a~-~Ow~n~e:..c.r __ -:4!..-~6 4 to 7-7 6 545-1/2 Union Blvd. rotowa, New Jersey Sup,.rviso r 's Nome Self IF THIS APPLICATION IS FOR A CLUB LIQUOR LICENSE, ANSWER QUESTIONS :IIi THROUGH 32. ~ , club muns a corporation which has been incorporated for not less than f ive yean, and wh ich has had a membersh ip that has paid dues for a period of at .alit five vears, and which, for five yun. has been the owner .lessee , or occupant of an establishment operated solely for objects of national, social , fraternal, patriotic , political or athletic nature , but not for pecuniary gain, and the property, as well as the advantages of which belong to members. Also , a club may be a corporation which is a regularly chartered branch or lodge or chapter of a national organization , which has operated solely for the objects of a patriot ic or fraternal organizetion or. society . but not for pecuniary ga in . 25. Sate the names and rnidences of principal officers of said applicant together w ith the office held of said persons : No me of Officrr Hom e A ddress & Ci t y Office Dote of Bir th N/A MANAGER 26. State the narT'tflend rnidencn of the d irectors or trustees of said appl icant organization . I Use separate sheet If necenary .) 27 . 28. 29 . 30. ,1. 32. • Nome of Director/ rru sttt Hom ~ A ddress d City Dare of Birth N/A Is the applicant organization operated solely for a national , soci al. fraternal , pat ri otic , political or athletic purpo~e and not for pecuniary gain? DYES 0No N/A State whether members of said club or assot:i ation are elected at regular meetings of members or by the board of directors or other governing body or in what manner members are so elected : N/A State whether an initiation fee is paid to secure membersh ip in said club and the amount thereof : _....,N,.Iu.A,_ ___________ _ State the annual dues or fees payable by members of sa id club for such membership : -~LL<O..----------------- How long has epplicant occupied premises to be licensed as a club? N A Does any d istillery, brewer or brewery , winery or wholesaler have any direct or indirect f inancial interst in the business for which this application for license is made? 0 YES 0 NO N/A If answer is yes, ••Plain : -------------------. I • - • • • • IF TilE APPLICANT IS A MANUFACTURER OR WHOLESALER, ANSWER QUESTIONS 33 THROUGH 31. 33. Since what date has ~liant occuped premises to be licensed? N A 34. 36. 37 . Does applicant own , lease or operate any warehouse or storage plant in connec:tton with its business? 0 VES 0 NO If answer is yes, gi w details: N/A Ooesrhe epplicent {or any of the partners, officers. directors or stoc:kholdeu of uid appl iant) have any d ir ect or Indirect f in.ncial interest '"the busineu of selling malt, vinous orwiritousliquor at retail? 0 VES 0 NO N/A Does the applicant {or any of the pa;rtners, officers, d irectors or stockholden of seid IIPPiic:entl have eny interest in eny other w inery, brewery , d istill ery or any retail ltquor •tablishrnent? 0 VES 0 NO Do any of them own , e ither d irectly or Ind irectly, tn Vlllhole or '"pen, the premises to be occupied by the appl icant or any of the fi~etures7 0 VES 0 NO N/A ~no;'d7;~,0~~i=: :=:;~.~~~~~~~~~ ~:~':~e~~ :~i =~~~~i:e::=i:t~~~ ~~~~c::~ :~~ry ~i~~~~ry [f ~e~e il liquor estebHshment, hew If answer is yes, give details : N A 38. To whet Colorado wholeuler do you intend to ship your merchandise? 39. Are you the prim.ry source of supply in the U .S .? 0 YES 0 NO N/A AFFIDAVIT (This affidavit is to be signed and acknowledged by lndiYiduol, each member of portntrship ond by co rp oration oppllcttnts.) STATE OF COLORADO county of ARAPAHOE ss. Paul H. Daghlian ond Shake' T. Daghlian being by me flrn. duly sworn. if for himself , deposes end says: that he is the applicant K»ove named, or that he is (title) ------------ of the above named corporation ; that he has reed the foregoing epplic.tion end that he knows the contents thereof , end that ell matters end th ings therein set forth ere true of his own knowtedge end he agree~ to conf~m to ell rules and regulations promulgated by the State Department of Revenue in connec· · -,n therewith. Corpontlorw oitn hero : (CORPORATE SEAL) ATTACH SEAL My Commission tKpir«: f-/.:J -7/ BY: (Prelldent or Secretlry) REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (ManufoctureN , ..,.,o/esoltrs, importers and public transportation systems disregard this section.) The foregoing application has bMn examined end the premiws, busine11 conducted and character of the applicant is satisfactory. end we do r..,_.t thlt IUCh license, if granted, will meet the rMIOnable requirements of the neighborhood and the desires of the inhab1tanu, end complies with the provisions of T itle 12, Art;c le 47, CAS 1973 os emended . THEREFORE THIS APPLICATION IS HEREBY APPROVED . Dated at thll day of -------------.A .D . 19 --. AT: ----------------------------------------------------(N•me o f town, city And county) , BY : ----------------------------------------------------(Mayor , cho~lrm•n of ba.rd of county commiKioners or other title of llcenslnt o~uthorlty.) ATTEST=---------------------------- (Cierk, secretlry or other officer hnlnv the otflcl•l seo~l of the licensing o~uthorlty .) (If the premilfls ere loated within 1 town Of city. the above approval should be signed by the mayor and clerk ; if in 1 county , then by the chairmen of the _..board of county commissioners end the clerk to the board . If. by ordinance or otherwise , the local licensing authority is some other offic ial , then such IP· _ ~ _Proval should be given by such official.) • --~~~~-----~--------~---.---, . I • • • • • OVERTON & NUTT ~ PROrESSIONAL CORPOR A TION ATTORNEYS AT LAW SUITE: 1000 "' L (SID) OV ERTO N DOUG LAS N U TT CONTINENT A.L NAT ION'-L BANK B UILDING 3333 SOUlf-4 BANN OCK ENGLEWOOD, COLORADO 60 110 ARC• C.OO( 30:1 ttU::P .. ON[: 1 fil· 0!:03 0 GUY M HEYL February 9, 1979 W ILLI AM A BOSTROM DOUGLAS A SYkES M A RC .J M U S YL • Mr. Eric Johannisson Assistant City Clerk & Revenue Chief City of Englewood 3400 South Elati Englewood, Colorado 80110 Re: Paul H. Daghlian and Shake' T . Daghlian d/b/a Paul's Restaurant & Pizz e ria, 3542 South Fox Street -Application for Hotel & Restaurant Liquor License Dear Mr. Johannnisson: As we have previous ly discussed, Mr. and Mrs. Daghlian desire to file an application for a Hotel and Restaurant Liquor License for their restaurant located at 3542 South Fox Street, Englewood, Colorado. Accordingly, please find enclosed the following documents: 1) Two duplicate original s of the Hotel and Restaurant Liquor License Application (Form DRL 404) duly signed before a Notary Public by Paul H. Daghlian and Shake' T . Da g hlian . 2) Paul's Restaurant & Pizz e ria Check No. 204 7 in the sum of $350 .00, payable to the City of Englewood, in payment of the Liquor License Application License Fee. 3) Paul's Restaurant & Pizzeria Check No. 2048 in the sum of $301.25, payabl e to the Colorado Department of Revenue, in pa y ment of the Liquor License fee . 4) Paul 's Restaurant & Pizzeria Check No. 2049 in the sum of $48.75, payabl e to the City of Eng lewood , in pa ym ent of the Liquor Licens e Fee . We understand that there may be a City Occupational Tax to be pa i d by Nr. and Mrs. Daghlian in connection with this applica- tion. However, we also understnad t hat some adjustment will be necessary , considering that they alr eady have an existing business with a liquor license within the City of En g lewood. We would appreciate your advising us on this matter . I • - • • • • • As we have also discussed, it is our understanding that, since Mr. and Mrs. Daghlian presently hold a beer and wine license which was issued by the City of Englewood, and State of Colorado, in the near past, some of the procedural require- ments and formalities in connection with this application may be waived by the City of Englewood. According ly, we woul d appreciate your written response to this letter, setting forth which procedural matters and written information will not be required in completing our application. n We have retained the services of Mr. Max Scott, President of Oedipus, Inc., Boulder, Colorado, to carry out a Petition and Survey of the neighborhood to determine the needs and desires of the inhabitants of the defined neighborhood as defined by the Englewood City Council, acting as the local liquor licensing authority. We are hopeful that our selection of Mr. Scott and his company to carry out this survey will be acceptabl e to the City of Englewo od . We are requesting that the enclosed application be formally submitted to the Englewood City Council on Monday evening, February 19, 1979; that the neighborhood boundaries be defined by t he City Co uncil at that time; that the City Council consider and approve Mr. Max Scott and his company for the Petition and Survey; and that a formal hearing date be set by the City Council at that time. Upon receipt of your written response, we in completing the details of this application. any questions regarding this matter, please do call me at your convenience. will move forward Should you have not h es itate to Cordially, ALO:sjw Enclosures OVERTON & NUTT, P.C. ~ A. L. Overton I • • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION January 3, 1979 I . CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P .M. by Chairman Ed Draper . Members present: Becker, Bilo, Draper, Lathrop, Pierson, Smith, Tanguma, Williams Members absent: None Also present : D. A. Romans, Acting Ex-officio; Associate Planner Alice Fessenden II. APPROVAL OF MINUTES. Chairman Draper stated that the Minutes of December 19, 1978, were to be considered for approval . Lathrop moved: Smith seconded: The Minutes of December 19, 1978, be approved as written. AYES: Bilo, Draper, Lathrop, Pierson, Smith, Becker NAYS: None ABSTAIN: Tanguma, Williams The motion carried . III. JAMES A. STRADLEY Subdivision Waiver CASE #1-79 Mrs . Pierson stated that she would disqualify herself from consideration on this matter because of a conflict of interest, and took a seat in the audience . 54 ( Mrs. Romans stated that the matter before the Commission is a request to approve a waiver to the Subdivision Regulations re- quiring the platting o f unsubdivided land. Mr . James A. Stradley is the applicant, and Mr . Stradley and Mr . Betts, the person who sold him the property are both present this evening . Mrs. Romans pointed out that the Englewood Subdivision Regulations provide that properties must be part of an approved subdivision before land may be divided and sold. However, throughout the City there are small parcels of land which are not part of an approved subdivision plat, but which have street access, utility service, etc., and the Subdivision Regulations do contain a pro- vision by which such property can be divided without the necessity of filing a formal subdivision plat . This method is referred to as a waiver to the Subdivision Regulations • I • • • • • • • -3- Mrs. Romans noted that a 99-year lease is set forth as an alternative to the waiver to the subdivision regulations in the agreement between Mr. Stradley and Mr. Betts. Mr. Draper asked if there were any questions of Mrs. Romans. Mr. Smith asked if the only reason for this application was to retain the income from the billboard? Mrs. Romans stated that this is the reason set forth on the formal application. Mr. Williams questioned the distance of the billboard from the South Santa Fe Drive right-of-way? Mrs. Romans stated that the billboard is positioned back of the front building line of the building designated as 3051 South Santa Fe Drive. Mr. Stradley stated that the billboard is back about 30 feet. Mr. Williams asked Mr . Stradley if he had received any notice from the State Highway Department to remove the sign? Mr. Stradley stated that he has not. Mr. Betts stated that he had originally sold the property to Mr. Stradley, and in the sales agreement, it was requested that this small piece of land be deeded back to him because he wanted to retain the income from the billboard advertising. He stated that there is access from Santa Fe Drive as far as power and such utilities is concerned, and there is a ladder to the billboard for servicing the billboard itself. He stated that he does have a yearly contract with Eller Outdoor Advertising for the placement of the billboard, and wants to retain the control of this land to keep the income. Mr. Smith noted that the 99-year lease is listed as an acceptable alternative; he asked why they just didn't sign the lease and why did they go through the formality of making application? Mr . Betts stated that he wants to "own" the land, and retain control of it in his family . The lease option was put in the contract as a second choice, or "escape clause" if it was found to be illegal to divide the property as proposed . Mr. Smith stated that with the billboard laws as they are now, he questioned why an individual would want to maintain control of two feet of frontage on Santa Fe Drive for 99 years? Mr. Betts stated that the income from the advertising device is his reason . Mr. Tanguma asked what effect the widening of South Santa Fe Drive would have on the billboard? Mr . Betts stated that the billboard is back a considerable distance from the property line . Mr. Stradley stated that the building would have to be removed before they reached the billboard. Discussion ensued. I • • • .. -2- In this particular case, Mr . Stradley purchased the land from Mr. Betts, and in the agreement of purchase, Mr. Stradley was to deed back to Mr. Betts a gore of land measuring 2.57 feet on the east, 103 .55 feet on the north, 4 .13 feet on the west, and 103 .58 f e et on the south, with an approximate area of 347 square f eet. The 2.57 feet would be frontage on South Santa Fe Drive. The r e is a billboard on this parcel of land , and Mr . Betts wants to retain control of the parcel to realize the income from the billboard . The parcel o f land is not of suf- ficient size to completely contain the billboard, and would provide no means o f access for provision o f services, such as fire-fighting, without trespassing on adjacent property . Mr . Stradley submitted the application f or Subdivision Waiver pur- suant to the a g reement he has with Mr . Betts . Mrs. Romans stated that this matter has been discussed with City Attorney Berardini, and with the County Assessor . The City Attorney stated that the matter would have to be referred to the Planning Commission even though the division of the land in the manner requested would serve no public purpose, and the gore of land is not of a siz e that could be used for any purpose other than the present billboard advertising . The County Assessor was also concerned about the proposed division of the property, and noted that the expense to his office to process the site would be the same as it would for the division of land into usable parcels . Other City Departments that have been contacted have stated they could not provide services to such a parcel of land without trespassing, and Mrs. Romans particularly cited fire fighting services. The staff has recommended that the Commission not approve the division of the subject property for the following reasons: 1. The division as proposed would serve no practical or useful public purpose and would not achieve the purposes of the Subdivision Regulations . 2 . The applicant has not submitted sufficient proo f of the necessity to divide the parcel in the proposed manner . 3. The division as proposed would result in a parcel of land which would b e o f a size which could not accommodate vehicular or e me rgency access to service the existing use (a non-con f orming billboard) without trespassing on adjoining property. 4 . The parcel proposed to be conveyed to Mr . Betts is of a size that it cannot accommodate the existing non-conforming billboard without said billboard trespassing onto the ad- joining property . 5 . The parcel proposed to be conveyed back to Edwin H. Betts, Jr ., would be of a size which could not reasonably be used for any use permitted i n the I-1, Light Industrial Zone District, should the present Non-conforming Use cease . I • • • • • -4- Tanguma moved : Lathrop seconded : The Planning Commission reject the request to grant a waiver to the Subdivision Regula- tions on the grounds that no purpose would be served to the general public. Mr . Smith stated that the r e quest does no t f it the purpose o f the Subdivision Regulations. He noted that the two individuals may have a contract between them, but it is not up to the City to effect this contract on a piece of property 2 ft . x 100 ft . He stated that he would have to vote in favor of the motion to reject the request. Mr . Williams pointed out that Mr. Tanguma's motion is a "negative" motion . Discussion ensued. Mr. Tanguma withdrew his motion, with the approval of the second. Tanguma moved: Lathrop seconded: The Planning Commission approve the recom- mendation of the Department of Community Development in Case #1-79, that being that the Planning Com- mission not approve the division of the subject property as requested, for the following reasons: 1. The division as proposed would serve no practical or useful public purpose and would not achieve the purposes of the Subdivision Regulations. 2 . The applicant has not submitted sufficient proof of the necessity to divide the parcel in the proposed manner. 3. The division as proposed would result in a parcel of land which would be of a size which could not accommodate vehicular or emergency access to service the existing use (a non- conforming billboard) without trespassing on adjoining property . 4. The parcel proposed to be conveyed to Mr. Betts is of a size that it cannot accommodate the existing non-conf orming billboard without said billboard trespassing onto the ad-joining property . 5. The parcel proposed to be conveyed back to Edwin H . Bett~ Jr ., would be of a size which could not reasonably be used for any use permitted in the 1-1, Light Industrial Zone District, should the present Non-conforming Use cease . AYES: NAYS : Draper, Lathrop, Smith, Tanguma, Williams, Becker, Bilo None The motion carried . • .. I • • • • •' • Mrs. Pierson took her seat with the Commission foll owing completion of consideration of Case #1-79. -5- IV. ALLEY VACATION Adjacent to Lots 22 and 23, CASE #2-79 Block 9, Jackson Broadway Heights Mrs. Romans stated that this action is requested of the Com- mission to clear up a situation that has existed since the alley was recommended for vacation by the Planning Commission in 1976. She cited copies of the original staff report, the vacating ordinance, correspondence from Mr. Clanahan, Mr. Wanush, and Mr. Berardini , all of which were attached for the information of the Commission . Mrs. Romans noted that Mr. Kenneth Love owns property t o the west of the City Ditch, and also owns a triangular piece of property east of the Ditch, that property being portions of Lots 22 and 23, Block 9, Jackson's Broadway Heights. The Planning Commission recommendation made in 1976 was that "the alley in Block 9, Jackson's Broadway Heights, be vacated." The heading of the vacating Ordinance enacted by City Council states that the alley in Block 9, Jackson's Broadway Heights, is to be vacated ; however, in Section 1 of the adopting Ordinance, it states that the alley "adjacent to Lots 24 through 29, Block 9, Jackson's Broadway Heights" is vacated. It appears that this pertained to the east one-half of the alley and did not encompass the vacation of the entire alley, which was the intent of the Planning Com- mission. Mr. Love attempted to clarify the matter via his attorney, Mr. Clanahan, in August, 1978, at which time the matter was referred to the City Attorney's Office. A reply received by the Department of Community Development from Mr. Berardini indicated that he "could not state as a matter of law", that the entire alley was vacated. Mr . Berardini re- ferred the matter to the Assistant City Attorney to contact Mr. Love and/or Mr. Clanahan about pursuing the matter further; however, no written record can be found of such contact. Following a second contact to the Department of Community De- velopment by Mr . Love and Mr. Clanahan, the staf f is referring the matter back to the Planning Commission at the suggestion of Mr. Berardini, to get a recommendation on the vacation of this specific portion of the alley . Mr . Love stated that Mrs. Romans has covered the matter very well. He stated that the west one-half of the alley is basically in "limbo", and becomes very "trashy." He stated that other property owners discard rocks, tree limbs and other materials on this site, and he would like to have it taken care of. Also, the weeds are not cut, and exiting from the driveway at the property at 777 West Oxford Avenue is rather hazardous as far as visibility is concerned . • I • • -6- Smith moved: Tanguma seconded: • • .. The Planning Commission recommend to City Council that the alley adjacent to Lots 22 and 23, Block 9, Jackson's Broadway Heights, be vacated . Mr. Love stated that another concern he has is on the City Ditch; they have a cottonwood tree with limbs extending over their property line. To have the tree trimmed, they would need to get a truck in ; be questioned whether the right-of- way along the Ditch is vacated, who bas control on this, etc. Mrs. Romans pointed out that the City is still carrying water in the Ditch, and she is not sure whether or not the right-of- way has been vacated. She indicated that she would check into this for Mr. Love, and report back to him . Mrs. Becker asked who property in a vacated alley or street reverted to? To the adjacent property owner? Mrs. Romans stated that the City Attorney has stated that the City does not get involved in the disposition of the land once the vaca- tion is approved. As a rule, however, the land reverts to the property from whence it came. The vote was called: AYES: Lathrop, Pierson, Smith, Tanguma, Williams, Becker, Bilo, Draper NAYS: None The motion carried . V. PUBLIC FORUM . Mrs. Romans introduced Mr . Mike Hulchison, who was attending the Planning Commission meeting . VI. DIRECTOR'S CHOICE, Mrs , Romans reminded Commission members of the seminar on Special Permit Zoning to be held in Frisco, Colorado on January 26th . If anyone is interested in attending, she asked that they please contact the office. Mrs , Romans then presented a set of plans from a contractor who is interested in constructing housing for those who cannot afford housing on today•s market. The proposal is for a two- bedroom unit for the property owner, with four efficiency rental units which would provide income to help make payments . These are proposed to be two-story complexes, with two efficiency units on each level, the size of the efficiency units being 321 sq . ft . and 317 sq. ft . The two-bedroom unit would be slightly over 600 sq . ft. in floor area . Mrs. Romans stated that Mr . Wanush asked her to bring this to the attention of the Commission, that he feels the proposal might have some merit and that possibly the Commission might want to consider a change in goals and standards for housing construction to accommodate those who are out of the market for today's housing, • I • -6- Smith moved : Tanguma seconded: • • - The Planning Commission recommend to City Council that the alley adjacent to Lots 22 and 23, Block 9, Jacks on 's Broadway Heights, be vacated . Mr. Love stated that another concern he has is on th e City Ditch ; they have a cottonwood tree with limbs extending over their property line. To have the tree trimmed, they would need to get a truck in ; he questioned whether the right-of- way along the Ditch is vacated, who has control on this, etc. Mrs. Romans pointed out that the City is still carrying water in the Ditch, and she is not sure whether or not the right-of- way has been vacated. She indicated that she would check into this for Mr. Love, and report back to him . Mrs. Becker asked who property in a vacated alley or street reverted to? To the adjacent property owner? Mrs. Romans stated that the City Attorney has stated that the City does not get involved in the disposition of the land once the vaca- tion is approved . As a rule , however, the land reverts to the property from whence it came . The vote was called: AYES: Lathrop, Pierson, Smith, Tanguma, Williams, Becker, Bilo, Draper NAYS : None The motion carried . V. PUBLIC FORUM . Mrs. Romans introduced Mr . Mike HuLchison, who was attending the Planning Commission meeting . VI . DIRECTOR 'S CHOICE. Mrs . Romans reminded Commission members of the seminar on Special Permit Zoning to be held in Frisco, Colorado on January 26th . If anyone is interested in attending, she asked that they please contact the office. Mrs . Romans then presented a set of plans from a contractor who is interested in constructing housing for those who cannot a f ford housing on today•s market. The proposal is for a two- bedroom unit for the property owner, with four efficiency rental units which would provide income to help make payments, These are proposed to be two-story complexes, with two efficiency units on each level, the size of the efficiency units being 321 sq . f t . and 317 sq. ft . The two-bedroom unit would be slightly over 600 sq . ft. in floor area , Mrs , Romans stated that Mr. Wanush asked her to bring this to the attention of the Commission, that he feels the proposal might have some merit and that possibly the Commission might want to consider a change in goals and standards for housing construction to accommodate those who are out of the market for today's housing, • I • ( • • • • -7- Mrs. Romans stated that one of her concerns was that once a project such as this is approved, there would be no way the rental and selling price could be controlled to assure housing for the "low income" individual for which it has been stated they are intended. Mr. Smith stated that he felt construction of duplexes would accomplish the same thing; this would generate larger units, the property owner could rent out one of the units which would generate a great deal of the house payment . He questioned why this type of development was not promoted over the very small efficiency type unit? Mrs. Pierson asked what the m1n1mum floor areas are now for efficiency and two-bedroom units? Mrs. Romans stated that in the R-2 Zone District, an efficiency unit must be a minimum of 650 sq. ft.; these units are proposed as 321 sq. ft. at the maximum . In the R-3, Multi-family Zone District, the efficiency units must again have a minimum of 650 sq. ft. and a two-bedroom unit must be a minimum of 750 sq. ft, Mrs. Romans stated that the developers also proposed to use the front setback for parking, which is in violation of the Comprehensive Zoning Ordinance, and the side and rear yard setbacks would not meet the requirements of the Comprehen-sive Zoning Ordinance . Mrs. Romans stated that for the last several years, the philosophy of the City has been to "beef up" the standards on the minimum size of units in an effort to encourage family occupancy, and to encourage permanent tenants . The question now is whether these standards are unrealistic , whether there is a need for the smaller unit, and whether housing costs have exceeded the means o f a large segment of the population, It was pointed out that a development such as this proposal would not fit the goals set forth by the Housing and Residential Preservation Committee in their review of the housing stock in Englewood this past year . She suggested that if the housing market has changed this much, that possibly those goals and standards should be redirected and reconsidered . Mr. Lathrop commented that the floor area of the efficiency units proposed would be approximately half the minimum presently required. He cited the small efficiency and buffet units along Girard Avenue and the tenant turn-over that is experienced in these units . He stated that he felt this was one thing that the City was trying to avoid by increasing the standards . Mr. Lathrop stated that he felt developments of duplexes, triplexes, and four-plexes had much more potential to attract permanent residents. He stated that this type of housing would not accommodate "families", but would be geared toward the single individual or the elderly people; this would serve no benefit to the school population or permanency of residents • • I • • • • .. - -8- Mrs . Pierson st a ted that one of the things that was considered of prime importance during the review of the Comprehensive Plan was the "quality of life"; she stated that she felt this concept was one of the reasons for the increase in minimum standards o f floor area, lot area, etc. Mrs . Pierson stated that she cannot believe that the present economic condition can last, and that it will improve . The City would then be "stuck" with t hese small, unlivable, units. Ms. Pierson stated that she felt to allow such a development would be a step backward, Mr. Williams asked if the R-2-C, Two-family Zone District, would encompass some development such as this? Mrs . Romans pointed out that the R-2-C Zone District is strictly two- family, and this would have five units per structure . Mr. Tanguma agreed that to permit such a development would be a definite step backward. He pointed out that even the "family" unit is so small that a couple could not live in it for any length of time . He stated that he felt that the City would find these units ·would be rental properties in a very short time, and would not encourage long-term tenancy . He added that this would also lead to an increase in traffic. Mr. Tanguma stated that he can see no benefit to granting some- thing like this anywhere in the City of Englewood . Discussion ensued. Mrs. Romans stated that upon checking with FHA, it was found that their standards include such minimums as 460 sq. ft . floor area for a two-bedroom unit, such unit must have three closets; 180 sq. ft. for a one-bedroom unit, such unit must have two closets ; and that a one-bedroom house may be built with a 360 sq. ft. minimum floor area, plus two closets. Mr. Bilo stated that he could not approve of this type of housing; he felt that it would soon be "substandard" and he did not want to see that. Further discussion ensued . Mrs. Romans suggested that it would be interesting to investigate to see how much the cost of housing is affected by governmental requirements: tap fees, building permits, etc . Mr . Draper stated that he understood the Governor of Colorado is appealing to the metro counties to provide more open space to help in the fight against air pollu t ion. Mrs . Becker inquired i f there was any place in t he Denver metro area, or in the State of Colorado, wh e r e t h e re is housing moderately priced that is satisfactory for young families. She stated that she would like to see this type of housing . Mrs. Pierson stated that she knew of some condominiums that can be purchased for as low as $26,000 . Mr . Smith stated that there is some medium priced housing available ; however, it may not be available in the location in whic h you want to live. Further discussion ensued , • I • • - • • • • • -9- VII. COMMISSION'S CHOICE. Mr. Tanguma stated that he would like to reg ister an objection to the fact that City Council gave the Planning Commission a 100% increase in the expense payments, in direct contrast to President Carter's plea to hold increases to 7%. He stated that he does not feel this is helping th e fi g h t a g ainst infla- tion, and questioned that such an increase i s justi f ied . He noted that to serve on the Planning Commission is a voluntary thing done to serve the community . He emphasized that he does not feel this increase is going along with the guidelines set by the President of the United States. Mr . Smith stated that the payscale for the City Council and the Board and Commission is "antiquated", and this is merely bringing it into line with the current situation. He emphasized that none of the Councilmen will realize the increase unless they are re-elected to City Council. Mr. Draper asked when City Council would appoint a member to the Commission to replace Mr . McClintock who tendered his resignation at the last meeting in December? Mrs. Romans stated that she anticipated a new member to be appointed by the first meeting in February . Mr . Draper asked about the election of officers for the Commission. Mrs. Romans stated that this is usually done at the first meeting in February, also. Mrs . Becker stated that she was appointed to complete Mr. Parker's term, which was to expire February 1st; she asked whether the City Council would consider her for reappointmen~ Mr. Williams and Mr. Smith both suggested that Mrs. Becker submit a letter to City Council indicating her interest in re- appointment to the Commission . Mrs. Pierson commended Mr. Tanguma on his comments on the in- crease for the Planning Commission. She then asked if there is a time schedule on plans for the Larwin site? Mrs. Romans stated that a tentative date of January 30th is being considered for the consideration of these plans . The applicant is going to ask for an amendment of the existing Subdivision Waiver. This procedure will not require a Public Hearing; but the staff assumes tha t the Commission will want to notify the adjacent property owners of the meeting at which it will be considered. Discussion ensued . The meeting adjourned a t 8:15 P .M. lu j..& i_d£1 Gertru e G. Welty Recording Secretary • ; • I • • - • • • • ,. • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION . DATE: January 3, 1979 SUBJECT: Proposed Alley Vacation RECOIDIENDA T ION: Smith moved: n Tanguma seconded: The Planning Commission recommend to City Council that the alley adjacent to Lots 22 and 23, Block 9, Jackson's Broadway Heights, be vacated. AYES: Lathrop, Pierson, Smith, Tanguma, Williams, Becker, Bilo, Draper NAYS: None The motion carried. By Order of the City Planning and Zoning Commission. I • ...... I • • • .. ENGLEWOOD PUBLIC LIBRARY BOARD Fe bruary 6, 1979 5 L The Englewo od Public Library Bo ard met fo r its o r ga ni za tion mee ting o n Fe bruary 6, 1979, in th e Library Me eting Room at 7:30p .m. Chai rman Mueller called the meeting to o rder at 7 :35 p.m. Present : Absent : Also Present: Beaver Bennett, Busc h, Clayton, Mueller, Nordyke, Sterling and Wh eeleha n. Cloughesy. Jimmy E. Curnes , Ass i s tant City Manager and Ac ting Di rector of Libraries Ei l een Br own e, Reco rding Secretary Mr s. Me rlyn Beaver. Mr s . Dorothy Wheel e~n and Mr. Dalton L . No rdyke, new appoin t ees to th e Englewo od Public Library Board, we re int r od u ced. Each Boa rd Membe r i n turn introduced themselves and gave a short o utline o f their bac kground s. Lois Sterling mad •the moti o n : To approve the minutes of the January 9 , 1979, meeting as r eco rded. Secon ded by Glenna Benn ett; th e motion ca rri e d unanimously . ELECT I ON OF OFFI CERS: Paul Bus ch nominated Sue Mu el ler for anot h e r term as Chairman. Sue Mueller dec lin ed th e nomination s t ating tha t she felt it was time for a c han ge having he ld t he off i ce for two years. Councilman David Clayton nominated Lois Ste rling fo r the po sit ion of Chai r man, se conded b y Do r othy Wheel ehan. The re being no o ther nominations Glenna Bennett mo v ed: That the nominations be c los e d and that Lois St e rling be elected unanimousl y. Seconded by Me r lyn Beaver; the motion ca rried unanimo usly. Lois Sterlin g acce pted th e Chairmanship and thanked the Boa rd Memb e r s. Lois Sterling nom i nat ed Paul Bus c h for the position of Vice Chai rman. There being no other nominations Councilman Clayton moved: To close the nominations and ele ct Paul Busch unanimously . Seconded by Glenna Benn ett; th e motion c arried . • I • • • • -2 - Lois Sterling ma de the motion : To nominat Do r othy Wheel .. han as Lh l.ibrary Boa r d liaison with the Fri n ds of he Englewood Publtc Library. Gl e nna Bennett seconded; th e moti on ca rri d unanimously. For the b enefit of th e n e w Board Members th e purpo se and activiti es of th e Friends we r e discus sed . Mr. Curnes suggested th e possibi lity of th e Fri nds using th e Recreati on Department 's Show Wagon f o r future book s ales . LIBRARIANS REPORT: Jimmy Curnes made the suggestion that some of th e membe rs of the pe rman ent staff of the Library be invited to the next Board mee tin g t o be introduced to th e Boa r d and describe th e ir various pos itio ns. The Board f e lt that this was an excellent idea. The Acting Director stated that City Council had approved the Guidelines for the Englewood Public Library with one minor change regarding the Policy on the Library Me e tin g Room, th e Council added Item 11 -which states that the needs of Council and o th e r Ci ty fun c tio ns would take priority in the scheduling of the Library Meeting Room. Mr. Curnes brou ght th e Board up-to-date on the search for a n ew Library Director. He stated that the app licants had been narrowed down to seven candidates and that the oral int erviews we r e scheduled for Saturda y , February 10, 1979 . Hope - fully, a decision will be r e ached by Monday o r Tuesday of next week at th e lat es t. He said that he felt th e new Director would probabl y be o n board within th i rty days. Th e Library Board will b e advised as soon as possible aft e r the appointme nt is mad e. Chairman Mueller r ead two complimentar y lett e rs r egardi ng Adeline Cza rny and th e se rvi ce provided by th e Roadrunn e r. Councilman Clayton made th e motion: That th ese letters be made part of th e minutes of the meeting and that a l e tter of appr ec iation from th e Board be sent to Mrs. Czarny by th e new Chai rman, Lois St e rling. Se conded by Glenna Bennette; the motio n carried. Councilman Clayton also made th e motion: That a be lated letter of rec og nition be sent to Adeline Czarny for h er having been s e l ec ted Eng lewo od 's Emp l oyee of the Month for November. Dalton Nordyke second ed; th e motion c arried unanimously. I • - • • • • - 3 - MEMBERS CHOICE : Sue Mueller thanked all of the members of the Boa r d for t h eir cooper ation and assistance during the past tw o years of her Chairmanship. Glenna Be nnett e xpr essed the t hanks o f the Boa rd to Sue Mueller for the good job she had done as Chairman. Dalton Nordyke ex pressed h is pleasure in be ing appointed as a member of the Library Board . Lois Sterling requ es ted that all Board Members contact the secretary in the e vent that they cannot atte nd any future Board meeting. She also thanked Sue Mu e ller for h os ting th e party fo r Ha rr iet Lute and stated that she wou ld also write a letter to Lois Lighth all thanking her for selecting Mis s Lu t e 's farewell gift. Dorothy Wheelehan stated that she was happy to be on the Library Board. Councilman Clayton complimented th e Boa rd on the actions it took in showing appreciation to Harri et Lute. He also thanked th e Board on behalf of Council and h imself for th e time and effort they ex pend for t h e ir conununity and the Library. Merlyn Beaver asked the Mem bers t o take a few minutes after the meeting to look at the scrapbook on the Library t ha t h e and Mrs. Beaver had been keeping over the past year. There being no further busines s the me e ting ajourned at 9:25 p.m. eeb • I • • / - 0 • • • • • ALL SOULS SCHOOL 4951 South Pennsylvani a Englewood , Colorado 80110 January 9, 1979 Ms. Harriet Lute Englewood Public Library 3400 S. Elati Englewood, Colorado 80110 Dear Ms. Lute: On behalf of all of the S P I R I T S of ALL SOULS SCHOOL may I take this opportunity to extend our thanks to the En g lewood Public Library, the "Road Runner", and especially Adeline Czarny. As you may know, Mrs. Czarny visited our school on Monday, December 11, 1978, where she made a presentation to the students in Grades K through 6. The comments that I received from both teachers and students were very positive snd complimentary, and I personally thoroughly en- joyed the few minutes I was able to spend visiting one of her presentations. She has a very thorough knowledge of the field of chil- dren's literature and also interacts very well with the children. She has always been extremely helpful to our students and teachers on the Road Runner's weekly visits to ALL SOULS. It was truly fitting that she was selected Englewood's Employee of the Month . Sincerely, ~a+ Stanley W. Dunlap , Jr. Principal SWD/vsh cc: Mrs. Adeline Czarny • I • • / • • • • s ••ulhP d SI "'"lrOIIOii tan boar d of cooperat ive scrveccs ad ul t educa tion, ralph bozella Ms. AJclinc Czarn cy Englewood l'uhl i c Li brary 3400 S. Elati St . Englewood, Co. 80110 Dear Ms. Czarney, J anuary 10, 1979 I would like to extend my gratit ud e and app reciation to you for your part in th e Scenic Vi ew Community Educati on Project. Your "K iddi e Sto ry Time" was a welcoming addition to the project. The weekly growth of the children and mothers in attendance was an indication of the qua lity an d value of your program to both SEMBCS and the people it served . I would also l ike to thank you for i ncludi ng the Englewood Bookmobile as part of the c o~munity school effort. I have enjoyed working with you on these e ndeavors. Perhaps we could arrange for fur ther cooperation on f uture projects . Si nc ere ly, 4/~£0"~ Ralph Bozella Proj ect Director sembcs I I • • - ; . { • • IN1aOfiiiiCI II.,,OUMMIM • • • S o Jim Curnes, Assistant City Manager DA11z February 8, 1979 SU&IICTs • Gary R. Diede, Director of EngineeFing Services PAVING DISTRICT SCHEDULES The attached are revised schedules. Please note on Attachment *1 March 5 was changed to March 12; and on Attachment *2 Monday, March 12 was ·changed to Tuesday, March 13 and 9:00p.m. to 8:00p .m. on time for South Section on March 13. Gary R. Diede, P.E. Director of Engineering Services GRD:bjs cc: Kells Waggoner Bill Lamm Bill James B. Berardini I • • ( • • • ATTACHMENT .• 1 TIME SCHEDULE FOR COMPLETION OF PAVING DISTRICTS NO. 23 & 25 MONDAY, March 12, 1979 WEDNESDAY, March 14, 1979 FRIDAY, March 16, 1979 WEDNESDAY, March 21, 1979 WEDNESDAY, March 28, 1979 THURSDAY, April 5, 1979 MONDAY, April 9, 1979 MONDAY, May 7, 1979 WEDNESDAY, May 9, 1979 MONDAY, May 21, 1979 WEDNESDAY, May 23, 1979 THRUSDAY, June 21, 1979 FRIDAY, June 22, 1979 RK:bjs l/0/79 Rev: 2/8/79 • Bill for ordinance assessing costs and Resolution calling for public hearing Bill with list of assessments pub- lished first time; first publication of Resolution Mail notices of assessments and public hearing. Second publication of Resolution Third publication of Resolution Last day for written protests Public hearing on assessments (Will have to be a special Council Mtg.) for PD23 @7:00p.m., PD25 @9:00p.m. Consider amenwnents to bill for ordinance. Publish bill for ordinance in final form if necessary Consider ordinance on final reading. Publish as an ordinance, by title. Ordinance in full force and effect Last day for 5% discount to be allowed for payment in full or partial payment. Deadline -5:00 p.m. / I • • ' • • • WEDNESDAY, June 6, 1979 WEDNESDAY, June 6, 1979 MONDAY, June 18, 1979 WEDNESDAY, June 20, 1979 MONDAY, July 2, 1979 TUESDAY, July 3, 1979 WEDNESDAY, July 4, 1979 THURSDAY, August 2, 1979 TUESDAY, October 30, 1979 RAK/bjs 12-27-78 Rev: 1-31-79 Rev: 2-8-79 • • • Final date for private concrete Const. Open construction bids at 2:00 p.m. Open bond bids@ 2:00p.m.; award contract; introduce bill for ordinance to issue and sell bonds (bonds dated July 1st). Publication~! bill to sell bonds Passage of ordinance on final reading Est. date of start of construction Publish as an ordinance following final pas~age. Ordinance in full effect -Proceeds of bonds received Est. date of completion of project / I • • ( ,·. • • • • TO FROM DATE Mayor and Members of Council Andy McCown, City Manager February 14, 1979 SUBJECT: Beer and Liquor Outlets in Englewood Attached, for your information, is a map of the City of Englewood locating the various commercial outlets for beer and liquor in Englewood. Also attached is a list of outlets gi vi ng the name, address, type of license and expiration date for each. /1 1 ('~ ·" ' (/_IL/y /!':~ {~:_ ,'\. ANDY#C 'COWN Cit{" Manager AM/sb • • I . . / • • • LIOUOR LICENSES ( As of Jon . I, 1979 l C ity of Englewood ,·. Lehigh Monsf1eld • • 32 off premise . 0 32 on premise • o Tavern • Hole//Reslauronf () Liq. Lie. Drug Store () Retail Liquor Store A Club ll Beer j\Mne. I . • - • • ( ~IQUOR OUTLETS WITHIN THL ~ITY OF ENGLEWOOD EXPIRATION NAME ADDRESS TYPE OF LICENSE DATE Arap 1 s Gun Shop 3866 s. Broadway Hotel/Restaurant (Extended Hours) 12-4-19 Bar Harbor 3484 s. Broadway Tavern 12-31-79 Belleview Bowl 4900 s. Federal Blvd . Tavern (Extended Hours) 12-31-79 Casual Lounge 65 W. Floyd Ave. Tavern (Extended Hours) 12-19-79 Dart Board 3467 s. Broadway Tavern (Extended Hours) 12-31-79 Drug Fair 4204 s. Broadway Liquor Licensed Drug Store 12-31-79 E Z Liquors 3353 s. Santa Fe Dr. Retail Liquor Store 12-9-79 Englewood Elks Lodge 3690 s. Jason Club 12-31-79 Englewood Liquor Store 3434 s. Broadway Reta i 1 Liquor Store Fratelli 1 S Pizza 1200 E. Hampden Ave. Hotel/Restaurant 2-8-80 Fraternal Order of Eagles 3384 s. Broadway Club 12-31-79 3lass Bottle Liquors 336 W. Hampden Ave. Retail Liquor Store 12-31-79 >round Round 5180 s. Broadway Hotel/Restaurant (Extended Hours) 9-14-79 -tampden West 3517 s. Elati Hotel/Restaurant 12-31-79 Hlda 1 S Cafe 4386 s. Broadway Tavern 12-31-79 <en 1 s Lounge 2893 s. Broadway Tavern 12-12-79 <nights of Columbus 3800 s. Windennere Club 12-31-79 • . iquor Barn 4415 s. Broadway Retail Liquor Store 9-9-79 .ord Byron 1 s Restaurant 1001 w. Hampden Ave. Hotel/Restaurant 6-14-79 ~-D Drug Store 2895 s. Broadway Liquor Licensed Drug Store 12-31 -79 1cGinty 1 s Tig 3370 s. Acoma Hotel/Restaurant (Extended Hours) 8-31-79 lld .Town Liquors 325 E. Jefferson Retail Liquor Store 12-31-79 • • - - Paul's Restaurant & Pizzeria Sizzler Steak House South Supreme Liquors Thorobred liquors V.F.W. Waldorf Zilllllerman's " ' • • • • LIQUOR OUTLETS WITHIN THE CITY OF ENGLEWOOD -Page 2 ADDRESS TYPE OF LICENSE 3542 s. Fox Beer and Wine 5151 s. Broadway Hotel/Restaurant 3535 s. Huron Hotel/Restaurant 5112 s. Broadway Retail Liquor Store 5050 s. Federal Blvd . Reta i 1 Liquor Store 3860 s. Jason Club 4595 s. Santa Fe Dr. Hotel/Restaurant 2796 s. Broadway Hotel/Restaurant • 0 (Extended Hours) (Extended Hours) ~ EXPIRATION DATE 8-29-79 2-3-80 12-31-79 12-31-79 12-31-79 12-31-79 9-29-79 12-31-79 - • ( Albertsons Bob's Grocery John, The King Soopers Safeway Stores, Inc. 7-11 Store 7-11 Store 7-11 Store Shakey's Pizza Parlor Shop N Go Market South Door, The Sport Bowl • • • - 3.2 BEER OUTLETS WITHIN THE CITY OF ENGLEWOOD ADDRESS TYPE OF LICENSE 5175 s. Broadway Off Premises 3296 s. Washington Off Premises 90 West Belleview On Premises 5050 S. Federal Blvd. Off Premises 125 E. Hampden Ave. Off Premises 2705 s. Broadway Off Premises 4400 s. Broadway Off Premises 1277 E. Hampden Ave. Off Premises 3281 s. Santa Fe On Premises 2901 s. Broadway Off Premises 5470 s. Broadway On Premises 3295 s. Broadway On Premises • 0 EXPIRATION DATE 2-17-80 8-23-79 7-28 -79 1-25-80 12-3-79 5-23-79 1-6-80 11-30-79 9-7-79 1-27-80 1-25-80 7-16-79 • • • • • ) II ENGLEWOOD PARKS & RECR EAT IO COMMISSION Minutes of February 8, 1979 5 c The regular monthly m eeting of th e Eng ! e wood Parks & Recreation Commission was called to order by Chairman Jack Poole at 7:30 p.m. in the Parks & Recreation Office . Members present: Weber, Harper, Alle n, Howard, Cushing, Poole and Romans, ex -officio Members absent: Hewitt Also present: As s istant Di r ec t or Tapply Recreation Coordinator Foe Recreation Coordinator Tracy Re creation Leader Gimbel Recreation Leade r Armstrong Allen moved, Cushing seconded, that th e minutes of th e january 11 , 1979 meeting approved as mailed. Motion carried. r wa s further discuss ion concerning th e pro I t o hut! a wimming and dtvtn c mpl in the City of Englewood that wa pr nt hv I nni · I !art man at t lC [ mmi ion meeting . It was th e fe elin t ha inc 1 n a moveme nt fur ii Comm unit' Ce nter in E ng lewood that thi s is th t\'fl<: nf fac!litv that hould b tnclud d tn a Ce nter complex. Af ter furth e r is u _wn, \\e moved, Cush ing second ed, that this proposal from Dennis Hartman fo rwar d t o th e Lions Club committee who is promoting the Community Cen te r to on idered for i nclusion in th eir plans. Motion carrie d. The results of th e neighborhood meetings held at Duncan Building were reviewed. This repor t was forwarded to the City Manager o n November 20, 1978 a nd distributed to th e City Cou ncil for their information. One correction t o the report was pointed ou t-Item 4. (a) Restrooms-should be 14 under yes and 1 under no. The new staff members present were introduced. Carolyn Tracy, Recreation Coordinator; Terry Gimbel, Re creation Leader in charge of Outdoor Recreation and • I • • • Parks & Recreation Commission Minute s of February 8, 1979 Page -2- • • • the Duncan Building; Mary Armstrong, Aq uatics Recre ation Leader. Doug Foe, Recreation Coordinator , who ha s been with th e departme nt for some time wa s also introduced. Report on the recreation activities being held at Duncan Building was given by Carolyn Tracy and Terry Gimbel. The department has approximately fifty-thr ee hour s of programming sched uled per week in the building with an average of 300 participants. The building is open in th e afternoon between 2:15 and 5:00 for a drop-in center for neighborhood children with approximately fifty participating. The department has been able to increase participation in programs and also offer some new program s with the added facility. In th e fut ure, encouraged use of the building for community meetings, neighborhood meetings, etc. will be attempted. A set of g uidelines for use of the building has been established and a request form to be used by outside organizations prepared . Copies of these were presented to the Commission for information. Asst. Director prese nted the Recreation Divis ion Goal Statement for review. He explained that these goals will be used to determine new programs, will be used in budgeting and preparing th e Capital Improvement Master Plan for Parks and Recreation and will be used as a base to evaluate existing programs. The staff is now using the se goals to prepare the objectives to be met through programming. These objectives will be presented to the Com mi ss ion at the next meeting. Mr. Tapply stated that the Master Pla n will include activities as well as facilities. Director Romans reported that money donated to the Malley Center by Mrs. Cornelia Shannon will be used for th e following improvements needed at the Center: glass in th e front doors, drapes for reception room and lobby, blinds on south side • I • • • Parks & RecreationCommis sion Minutes of February 8, 1979 Page -3- • • • of building, storage cabine t s, s tencil printer, sh e lving, mats and move the le tters o n front of building . Director Romans read a letter fr om Paul Blessing thanking the Commission for the Lifetime Honorary Me mber s hip t o th e E nglewood Golf Course that was presented to him. The Organization and Procedures for the Se nior Citizens Ad vi s ory Com mittee with r e commended change s made by th e Senior Ci tizen Advis ory Co mmittee wa s presented for action. After r eview, the Co mmis s io n made other changes. Cush in g moved, Allen seconded, that the Organization a nd Procedures for the Senior Citizens Advisory Committee be approve d a ame nd e d by the Co mmittee and Commission. Motion carried. (Amended copy attached to th ese minutes) This will now be forwarded to City Council for appro val. Mr. Cushing reported that th e Senior Citi ze n Ad vi s ory Committee at their last meeting passed a r esolution to strongly r e c om me nd that full-time clerical help be provided for the Malley Center. Director Roman s s tated that he would place this item in the budget pre parati on for 19 80. Discussion ensued. Mrs. Howard s tated that the Center is being used by man y more people than a nt icipated when it opened s o the volunteer cle rical help is no t ade qua te to take care of the load. It wa s s uggested that some of the mone y being s aved in salarie s from the time Gary Havener left and th e new as s istant i s hire d be us ed for this pu r pose. A committee composed of Commissioners Poole, We ber and Harper will approach the City Manager concern- i ng this problem. Mr s. Howard will act as chairman of the nominating committee for members of th e Senior Citizen Adv i sor y Co m m ittee to be appoi nted in October 197 9. She asked I • • - • • Parks & Recreation Commis sion Minute s of February 8, 1979 Page -4- • • • that if any of t he Commiss ion members had suggesti ons for possible members of this committee to please submit them to her as soon as possible. The Commission recommended that Asst. Direc tor Tapply be appointed to th e Denver Regional Council of Governments to replace Ga ry Havener. The meeting adj ou rned at 9:05 p. m. -.,~/ Recordwg secretary I • • • • • • SENIOR CITIZENS ADVISORY COMMITTEE ORGANIZ ATIO N AND PROCEDURES l. NAME The name of this organization s hall be th e Se nior C itizen Advisory Committee, sponsored by the Englewood Park s and Recreation Commiss im , City of E nglewood, Colorado. ll. PURPOSE a. The primary purpose of the advis ory committee shall be to assist and advise the Englewood Parks and Recreation Commission on programs, activities and needs of the senior citizen and to serve as an information resource. b. It may also se rve, when appropriate , in an advocacy role with other organized groups in matters of concern to senior citizens. Ill. MEMBERSHIP a. The committee shall consist of fifteen members. At least two-thirds of such members shall be senior citizens as defined by the E nglewood Parks and Recreation Commission. At least tw e lve members shall be residents of E nglewood. The members of th e committee shall be appointed by the E nglewood Parks and Re creat ion Commi ss ion upon recommendation of the advisory committee to serve term s of three years on a rotating basis. Approximately one-third of the members are to be nominated annually in October and appointed in january. b. Senior Citizens program supervisor, professional s taff members of the E nglewood Parks a nd Recreation De partme nt, and other consultants as may be deemed nec essary sha ll be ex -offici o nonvoting members of the committee. IV. OFFICERS V. a. The officers of thi s committee shall be chairma n, vice -chairman, recording secr e tary. Each o f these o ffic e r s shall have the duties usuall y assigned to such officers . b. The officer s shall be e le cted by the comm ittee i n january of e ach ye ar and take office immediate ly t o se rve a te r m of on e ye ar and may be r ee lected o nc e . c. lf a vaca nc y occurs in any office a successor s hall be immediately e lected by the committee. ME ET! GS a. The a dvisory committee shall me e t th e second Thursday of january, April, july and October .. pecial meetings may be ca lled by th e chairman. b. Simpl e majority of the voting membership s ha ll constit ute a quonum at r egularl y scheduled mee tings . c. The annual meeting shall be the regular schedu led m eeting in january. The e lection of officers shall take place at the annual meet i ng . • I • • • • Senior Citizen Advisory Committee Organization and Procedures Page -2- d. The chairman shall deliver an annual report to t he advisory committee and the Parks and Recreation Com mis s ion. Vl. COMMITTEES a. At the annual meeting, the Chairman shall appoint a nominating committee composed of three member s who sha ll se rve for the ensuing year . They shall make nominations to fill vacancies on the advisory committee occur- ring during the year and make nominations for officers for th e following year. Vll. AUTHORITY a. All business of this advisory committee shall be conducted under accepted parlimentary proce dures as may be recommended and approved by the advisory committee. b. This Senior Citizen Advisory Committee is advisory to the Englewood Parks & Recreation Commission. Vlll. REVISION These documents may be ame nd ed by a majorit y vote of the Senior Citizens Advisory Committee membership subject to approval of the Parks and Recreatioo Commission. Revisions must be proposed at one mee ting and voted upon at a succeeding meeting. Recommended by Senior Citizen Advisory Committee 1/23/79 Approved as amended by Parks & Recreation Comm i ssion 2/8/79 • • • I . - • • • • • BY AUTHORITY COUNCIL BILL NO . 6, SERIES OF 1979 INTRODUCED AS A BILL BY COUNCILMAN WEBER ~~.1. ~4191Cf AN ORDINANCE VACATING THE ALLEY IN BLOCK 9, JACKSON'S BROADWAY HEIGHTS, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO. WHEREAS, there presently exists a partial alley in Block 9, Jackson's Broadway Heights, City of Englewood, County of Arapahoe, Colorado; and WHEREAS, the alley previously requested to be vacated lies entirely within the City of Englewood and has no common boundary with any other political subdivision; and WHEREAS, the easterly eight feet of said alley was vacated by Ordinance No. 37, Series of 1976; and WHEREAS, there is no public reason for retaining the remainder of said alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the following described alley located within the City of Englewood, County of Arapahoe , Colorado, be and the same is hereby vacated: Adjacent to Lots 22 and 23, Block 9 JACKSON'S BROADWAY HEIGHTS, City of Englewood, county of Arapahoe, State of Colorado. Introduce~Jread in full and passed on first reading on thed";Zh day of ~ ~ , 1979 • • I • • - • • • • • Published as a Bill for an Ordinance on the 7th day of February, 1979. Read by title and passed on final reading on the 20th day of February, 1979. Published by title as Ordinance No. 7 1979, on th~ day of February, 1979. Mayor Attest: ex off~c~o C~ty Clerk-Treasurer , Series of I, William o. James, do hereby certify that the above and foregoing is a true, accu rate and complete copy of the Ordinance passed on final read ing and published by title as Ordinance No. '7 , Series of 1 979. ex officio City Clerk-Treasure r -3- • • I . • • • • BY AUTHORITY COUNCIL BILL NO. 6, SERIES OF 1979 INTRODUCED AS A BILL BY COUNCILMAN WEBER ~ !VO . 1, ;tiA:k 4 ;CJ/CJ AN ORDINANCE VACATING THE ALLEY IN BLOCK 9, JACKSON'S BROADWAY HEIGHTS, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO. WHEREAS, there presently exists a partial alley in Block 9, Jackson's Broadway Heights, City of Englewood, County of Arapahoe, Colorado; and WHEREAS, the alley previously requested to be vacated lies entirely within the City of Englewood and has no common boundary with any other political subdivision; and WHEREAS, the easterly eight feet of said alley was vacated by Ordinance No. 37, Seri es of 1976; and WHEREAS, there is no publ ic reason for retaining the remainder of said alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the following described alley located within the City of Englewood, County of Arapahoe, Colorado, be and the same is hereby vacated: Adjacent to Lot s 22 and 23, Block 9 JACKSON'S BROADWAY HEIGHTS, City of Englewood, County of Arapahoe, State of Colorado. Introduce~~~~ in full and passed on first reading on the,:ftl] day of--~~ , 1979. • • I . ' • • • • Published as a Bill for an Ord i nance on the 7th day of February, 1979. Read by title and passed on final reading on the 20th day of February, 1979. Published by title as Ordinance No. J1 , Series of 1979, on the~ day of February, 1979. _...!.__ Mayor Attest: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accura te and complete copy of the Ordinance passe~on final reading and published by title as Ordinance No. , Series o f 1 979. ex officio City Clerk-Treasure r -3- • I • • ( • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 197'~9~----COUNCIL BILL NO. 7 INTRODUCED BY ------ COUNCILMAN HARPER AN ORDINANCE AMENDING SECTIONS 16 AND 17, CHAPTER 3, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO THE COST OF REPAIRS OR REPLACEMENT OF WATER METERS, SIZE OF WATER METERS IN THE EVENT OF CHANGE OF USE, AND DELINQUENT WATER BILLS. WHEREAS, the City Council, having considered the recom- mendations of the Water and Sewer Board of December 19, 1978, approve the same. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COL ORADO: Section 1. That Subsection (b) of Section 16, Chapter 3, Title XV of the '69 E.M.C. is hereby amended to read as follows: 15-3-16: METER REQUIREMENTS (b) In any case, when the Director of Utilities deems it to be in the best interest of the city and water consumers, ~e SAID DIRECTOR may require any scheduled flat rate user to take his water through a meter at the rates set by the City Council a~e ~~ erree~ a~ ~~a~ ~~~e. Whenever a meter is to be used, it shall be supplied by the Water Division. ALL METERS FOR NEW ACCOUNTS SHALL BE SUPPLIED at the cost of the user. (c) All meters installed shall be the same size as the size of the service pipe, except IN INSTANCES where premises have been vacated • • I • • - • ( • • • - V t a eiass o£ etts±ness o~ o~he~ p~em±ses U ER that required a larger service pipe t~ supply the ITS demands THAN THAT l~QU IRED BY THE NEW USER and a~e ~eoeettpied by a ettsiness or othe~ ttse tha~ re~ttires a smaiie~ 611\ettnt o£ wa~e~7 when ~he size e£ ~he me~e~ ee redtteed aeeo~din4Jiy.,-IN SUCH CASES, THE METER SIZE MAY BE REDUCED APPROPRIATELY. ~he se~viee pipe may ee one ~it size iar~e~ beyond ~he me~e~.,- (d) All consumers' water meters ene ~it ineh o~ smaller in size shall be serviced and main- tained by the Water Division, and the cost thereof SHALL BE paid by the city, except that in the case of malicious damage, the cost of the repair shall be paid £or by the owner of the meter. Shottid ~he e e s~ o£ the repair e£ a ffi L t er exeeed £i£ty pereen~ ~59%t e£ the eest e£ a new meter; the owner e£ the meter shall have ~he ehe±ee e£ either payin~ the ~eta:!: eest e£ ~epai~ e~ pay±n~ £e~ ~he ees~ e£ a new me~e~.,- (e) All meters shall be set or reset ACCORDING TO CITY STANDARDS in a proper watertight and frostproof pit within the limits of a public street or alley or inside a building located on the property to be served. ett~ In every ca se the meter mtts~ SHALL be located: (1) So as to allow free and nonhazardous access for reading, removal, inspection and replacements. (2) Wh en located inside a building, the meter shall be set so that the entire supply of water to the premises will be controlled by it at all times and shall have valves on both sides of the meter. (3) When the rules and regulations of the Water Division require metering and more than one (1) service line is in use on a sehedttie e£ flat rate basis, ea~h such service must be metered er ettt e££ a~ ehe AND SEPARATELY CONNECTED TO THE main con- currently with the meter installation at the cus tomer's expense. -2- • ' I • - • • • • • Section 2. That Section 17, Chapter 3, Title XV , of '69 E.M.C. is hereby amended to read as follows: 5-3-17: DELINQUENT WATER BILLS Water bills on metered rates and scheduled flat rates become delinquent thirty (30) days after the date of billing. Sehed~ied £iet rete~ beeome dei~n~aent th~rty ~3et days e£ter the be~~nn~ng o£ the ~aerter £or wh~eh they ere rendered. Water is subject to turnoff without notice whenever a bill therefor has become delinquent; provided that the Water Division shall give a five-WORKING-day written notice before actually turn- ing off water for nonpayment. Such notice shall b e effected by re~aiar maii PERSONAL SERVICE, OR CERTIFIED MAIL, OR REGISTERED MA I L , RETURN RECEIPT REQUESTED, to the owner or occupant o f the premises for which the charge is due. The obi1yation to pay promptly for water service is not in any way affected b y failure of the owner or occupant of the premises served to receive a bill for the service. Introduced, read in full and passed on first reading on the 5th day of February, 1979. Published as a Bill for an Ordinance on the 7th day of February, 1979. Read by title and passed on final reading on the 20th day of February, 1979. . Published'":;;' ~e as Ordinance No. f on thec2/~ day of February, 1979. Attest: ex off1c1o City Clerk Treasurer , Series of 1979, Mayor I, William D. James, do hereby certify that the ab~ve and foregoing is a true, accurate and complete copy of the Ordinance8 passed on final reading and published ~ ~i~l& as Ordinance No. Series of 1979. ~~ --- ex off1c1o City Clerk-Treasurer -3- • • I • ( • ORDINANCE NO. ~ SERIES OF 1979 BY AUTHORI TY • • • COUNCIL BILL NO . 8 SE RIES OF 1 9 7 9 INT RODUCED BY COUNCILMAN SMI TH AN ORDINANCE AMENDIN G CHAPTER 9, TI T LE V , OF THE 1969 ENGLE WOOD MUNICIPAL CODE RELA T ING TO RETIREMEN T . BE IT ORDA INED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, as follows: Section 1. That Sections 1, 3(u), 3(w), 11, 18, 19(f), 30 , 31 , and 64 of Chapter 9, Ti t l e V of '69 E.M.C . are h reby amended to r ead as follows: 5-9-1: RETIREMENT AGE (a) Al l full-time, permanent emplo y ee s of the city, whose em~!oyme n~ ~s ~o ~e rn e d ey ~h e pfo V ~S~ ns o£ ~he €aree r Ser~±e e Sys~em s hall he re ~ir d ~~en re aehin9 ~he a~e o£ s±x~y -£ive ~6Sr years7 ~ro~±eed howe ~er, ~hat tlpon re~~e st ~herefer £rom any stle h employee, and by r eason of spee±al or ti n±~tie eondi ions or speeial ~ti a l i£i ea ~io ns , ~he e~~y Hana9e r may ex ~end e he re ~irement da e of any s~e h em~lo ye e, rfom ~ime eo time 7 pro~ided th at no s i n~le e x e ens~on e hereof shall b e l on9er ~h an ene ~lr ye a r , and ~rov~ded rttr~her eha~ no S tleh exten s ion shall be gr~n te d ~o an y em ployee wh o has reaehed se~en~y ~~er years o f a ~e• MAY RETIRE AT ANY TIME AF TER REA CH I NG THEIR NORMAL RETIREMENT DATES, BUT IF THEY REQUEST DEFERRE D RETIREMENT, THE Y SHAL L BE RETIRED UPON REACHING •rHE AGE OF SE\.Q::NTY (70) YEARS. (b) The eff ct v d te of ret~rement under the provisions of Su bsection (a) hereof shal l • I • - ( • • • - be the first day of the first month fo llow- ing the month in which such employee reaehe~ the a~e or ~±xty-f±ve f65t years, or ±~ the ea~e of a~y exten~ion~ of ret±reme~t a~e 7 the date o~ whieh the exte~~±o~ ex~±re~7 ACTUALLY RETIRES FROM THE EMPLO YMENT OF THE CITY. 5-9-3: DEFINITIONS (u) "Actuarial Equivalent" shall mean a be~efit e£ eq~ivaie~t vai~e whe~ eem~~t ed at the rate of ±~tere~t and e~ the basi~ e £ mortaiity a~d other table~ iast ado~tee by the Retireme~t Beare. EQUALITY IN VALUE OF THE AGGREGATE AMOUNTS EXPECTED TO BE RECEIVED UNDER DIFFERENT FORMS OF PAYMENT, BASED ON INTE EST RATE AND MORTALITY ASSUMPTIONS IN EFFECT ON THE DETERMINATION DATE, DETERMINED AS FOLLOWS: A . INTEREST RATE ASSUMPTION -EFFECTIVE JANUARY l, 1979, THE INTEREST RATE ASS UMPTION USED FOR PURPOSES OF CO MP UTING OPTIONAL FORMS OF PAYMENT, AS PROVIDED IN SECTION 5 -9-25, SHALL BE BASED ON THE PRIME INTEREST RATE OF THE FIRST NATIONAL BANK OF ENGLEWOOD, AN D SII/\LL DE DETERMI I:D AS FOLLOWS: 1. UNTIL JANUARY l , 1980, FOR PURPOSES OF COMPUTING OP TI ONAL FORMS OF PAYMENT PAYABLE IN OTHER THAN A SINGLE SUM, THE INTEREST RATE ASSUMPTION SHALL BE SI X PERCENT (6%) PER ANNUM. ON JANUARY 1, 1980, AND AS OF THE JANUARY 1 OF EACH FIFTH CALENDAR YEAR THEREAFTER, THE INTEREST RATE ASSUMP- TION SHALL BE CHANGED TO 75% OF SAID PRIME INTEREST RATE (ROUNDED •ro THE NEARER ONE-HALF PERCENT), PROVIDED THAT NO CHANGE WILL BE MADE UNTIL IT INCREASES OR DECREASES THE PREVIOUS ASSUMPTION BY AT LEAST ONE PERCENTAGE POINT. -2- • I • - • 5-9-3: • • • 2 . UNTI L JANUARY 1, 1980, FOR PURPOSES OF COMPUTING SINGLE SUMS, THE INTF PE ST RATE ASSUMPTION SHALL BE SIX ri.:RCENT (6%) PER ANNUM . EFFEC- TIVE ,JANUARY 1, 1980, THE INTEREST RATE SSUMPTION SHALL BE SAID PRIME INTE RE ST RATE (ROUNDED TO THE NE ARER ONE-HALF PERCENT) AS OF THE BEGINNING OF THE CALENDAR QUARTER IN WHICH SU CH SING LE-SUM PAYMENT IS MADE . B. MORTALI T Y ASSUMPTION -AS OF JANUARY l , 1979, THE MOR T/IL ITY ASSUMPTION USED FOR PURPOSES OF COMP UTING OPTIONAL FORMS OF PAYMENT SHALL BE T HE 1971 GROUP ANNUITY MORTALITY TABLE, P!H)JECTED BY SCALE D TO 19 75, ACCORD ! J1 : TO THE SEX OF THE PAYEE . HOWEVER, FOR A Y . "SABILITY PENSION, SAID MORTALI TY ASSUMPTION SHALL BE THE ULTIMATE MORTALITY RATES OF THE 1965 RAILROAD RETIREMENT BOARD TOTALLY DISABLED ANNUITANTS MORTA LITY TABLE. SAID MORTALITY ASSUMPTIONS SHALL BE USED t UN TIL CHANGED BY PLAN AMENDMENT, PROVIDE D THAT IF A UNISEX MORTALITY AS SUMPTION BECOMES MANDATED BY FEDERAL OR STATE LAW, SAID UNISEX MORTALITY ASSUMPT ION WILL BE THAT THEN IN USE FOR MALE PAYEES. (w) "Fin al average monthly compensation" shall mean the average monthly compensation receive d by the member during the last sixty (6 0) consecutive c alendar months OF CREDITED SERVICE OR DURING HIS TOTAL PERIOD OF CON- SECUTIVE CREDITED SERVICE, IF LESS THJ\N SIX'rY (60) MONTHS. 5-9-11: BREAKS IN SERVICE (a) If any break or breaks shall occur in the service of a member, none of his se r vice prior to the last such break, whether prior service or current service, shall be included in his credited service. The Retirement ~card shall have the power to determine when a break or break~ in service shall have o~curred and such determination shall be made in a nondiscrimina- tory manner. -3- • I • ( • • • .. (b) A leave of absence or interruption of serv ice duly approved by the City Manager and Boa~d e£ eareer Serv~ee eemm~~~~eners shall not be considered a break in servi ce . All such l eaves of absence or interruptions o f s e rvic e shall be approved in a non disc rim inato r y manner and for a specific period . (c) Any employee or any member who is on a leave of absence on account of entering into the military service of the United States (includ- ing service in the United States Merc hant Marine in time of war) shall, in the absence of reas onab le justification for additiona l delay, return to the servi ce of the city within ninety (90) days aft er t he time wh en a discharge from such military service was first available to such employee. In th e event that a member or employee does not return to the service of the city within the time specified above , such leave of absence shall be considered a break in s e rvice. (d) The period during any leave of absence or interruption of s ervice shall not, however, be included in c r edited service . 5-9-18: DEL AYED RETIREMENT DATE Every member upon reaching his ne~mal ~et~rement date ma~t ret~re ander the Pian anle~~ the e~ty re~ae~ts that he delay ret~rement anti% a delayed retirement date~ ~£ ~~eh a delayed retirement date ±~ re~ae~ted by the e~ty and the member eleet~ to do ~e, he may rema~n a member o£ the Pian antil ~~eh delayed retire- ment date n~en ~~eh term~ a~ may be arran9ed, b~t net beyond the £~r~t day o£ the eaiendar month eoineident w~th or next ~tleeee6~n9 k~s ~6th b~rthday~ SIXTY-FIFTH (65th) BIRTHDAY SHALL BE FULLY VESTED IN THE BENEFITS EARNED PRIOR TO SUCH DATE AND SHALL BE ELIGIBLE TO RETIRE UNDER THE PLAN. HOWEVER, ANY MEMBER ELIGIBLE FOR NORMAL RETIREMENT MAY ELECT TO DELAY HIS RETIREMENT DATE, BUT NOT BEYOND THE FIRST DAY OF THE CALENDAR MONTH COINCIDENT WITH OR NEXT SUCCEEDING HIS SEVENTIETH (70th) BIRTHDAY. His delayed retirement date shall be the first day of the month, coincident with or next following the date of his actual retirement. As a condition precedent to continuance in employment beyond -4- • I • ( • • • • the normal retiremen t date, the memb er shall fil e with the Retirement Board the wri tten designation of a beneficiary, wh ether o~ not the member elects efte ~it ei ~he AN OPTIONAL BENEFIT in accordance with Section 5-9-26. 5-9-19: DISABI LI TY RETIREMENT (f) Disability shall be considered to have ended if, prior to hi s normal retirement date, the member engages in any substantial gainful activity except for such employment as is found by the Bo a rd to be for the primary pur- pose of rehab il i tation or not incompatible with a finding o f total and permanent disability; or has sufficiently recovered, in the opinion o f the Board based on a medical examination b y a doctor or clini ~ appointed by the Board, to be able to engage in Pe~tti~P empioymen~ w~~h ~fie e~~y ana Eerttses a n o£reE o£ empioymen~ by ~he e~~y ANY SUBSTANTIAL GAINFUL ACTIVITY; or refuses to undergo any medic al examination requested by the Board, provided that a medical examination shall not be required more frequ ently than twice in any calendar year. 5-9-30: DEATH OF MEMBER BETWEEN NORMAL AND DELAYED RETIREMENT (a) In the event that a member continues in the city's employment after his normal retirement dat~ and dies before actu a lly retiring, then, for purposes of this Plan, shall be deemed to have retired on the first day of th e c ulendar month in which he dies. If an election of an optional b e n e fit provided for in S ec tion 5-9-26 is then in effect, the payments, if any, provided by such optional benefit shall be mad e to the beneficiary designated by the member. If no e lection of an optional benefit provided for in Article VIII is then in effect, such member shall be deemed to have elected the benefit provided for in Se ~tion 5-9-25 and the one hundred twent y (120) monthly payments shall be made to the beneficiary designated by the member as required in Section 5-9-18. -5- I • -I ( • • • • (b) In the event t h at no designated beneficiary Is living at th e death of a member while continuing in t h e city's employment after his normal retiremen t date, such member shall be deemed to have 0l ected the benefit provided for in Section 5 -9-25, and the ACTUARIAL EQUIVALENT VALU E OF THE one hundred twenty (120) monthly pa y ments shall be computed and paid in one (1) s um to the estate of the member. 5-9-31: DEATH OF A RETIRED MEMBER (a) In the event that a retired member who has been receiving retirement benefit payments under Sections 5-9-25 or 5-9-26, option (b), dies before he h a s received payment of monthly installments fo r ~he term certain , his bene- ficiary, if ll.v .u .y , shall receive monthly installments of the same amount for the balance of such term certain. (b) In the event that no beneficiary is living at the death of such retired memb er, THE ACTU~RIAL EQUIVALENT VALUE OF the monthly installments for the balance of the term certain will be computed at the intere~t rate iast adepted by the Retirement Beard and paid in one (1) sum to the to the estate of the r e tire d memb e r. If at the death of the last surviving beneficiary following the death of the retired member, monthly install- ments have not yet been paid for the term certain, THE ACTUARIAL EQUIVALENT VALUE OF the installments for the balance of the term certain will be computed at the interest rate iast adepted by the Retirement Beard and paid in one (1) sum to the estate of the last surviving beneficiary. 5-9-64: ALLOCATION OF FUND ASSETS UPON TERMINATION In the event of A PARTIAL OR the complete termination of the Plan, aii THE assets of the AFFECTED .PORTIO!! of the Trust Fund shall be converted to cash and allocated to Members, Retired Members, Vested Member s and Beneficiaries on the following basis: -6- • I • • - • II ( • • • • (a) An amount equal t o the Accumulated Contributions, or balance thereo f, which would be payable t o the Members, Ret i red ~embers, Ve ste d Me mb e rs o r Beneficiaries sho uld d e ath occur on t he date of the termination o f the Plan. (b) An amount of the remaining asset s equa l to a pro rata portion determined o n the bas i s of the ratio that t he actuarial r e s e rv e f or his accrued benefits minus the amo u nt 'in (a) abov e credited to him bears to the t o ta l o f s uch actuarial reserve s minus the t otal i n (a) . Section 2. That amendments contained in this ord i nance sha ll b e c o me effective January l , 1979. Section 3. That all ordinances or parts of ordinances in conflic t herewith are hereby expressly repealed. Introdu ced, r e ad in full and pas s e d on fi r st r eading on the 5th day of February , 1979. of on Published as a Bill for a n Ordinance on th e ~day of February , 1979. Read by titl e and passed o n f i nal reading on the 20th d ay February, 1979. ~~ Published by titl e a s Ordinance No.~, Series of 197 9 , the~6C day of Februar y, 19 79. Mayor Attest: ex offic1o City Clerk-Treasurer -7- • 4 I • • - • ( • • • • I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. f? , Series of 1979. ex offic1o City Clerk-Treasurer -8- • I • • ( • • • • BY AUTHORI TY ORDINANCE NO.~ SERIES OF 1979 COUNCIL BILL NO . 8 SERIES OF 1979 INTRODUC ED BY COUNCILMAN SMITH AN ORDINANCE AMENDIN G CHAPTER 9, TITLE V, OF THE 1969 ENGLE WO OD MUNICIPAL CODE RELA TING TO RETIREMEN T . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 1, 3(u), 3(w), 11 , 18 , 19(f ), 3 0 , 31 , and 64 of Chapt er 9, Ti tle V o f '69 E.M.C . a r e h e r e b y ame nd e d to r ead as follows: 5-9-1: RE T IREME NT AGE (a) Al l full-t ime , pe rm a n e nt emp loyees of the ci t y, whese em~leyment i s ~o v er n ee by t he prov i sion~ ef the Eareer Serviee System sha ll be r tifee ~~en reaeh in~ the age of sixty-£ive ~65t years~ provieee hewever , th a t ~pen re ~~est therefor from any ~~eh empioyee 7 and by rea~on o£ speeiai er ~n~~tle een ei iens e r s~eeiai ~tt aiif iea tion~, the Ei ty Mana~er may extend the retirement date e aR y stteh em~leyee, from time to time, pre vide d tha no sin~le exten sien thereef shaii b e ienger than one ~it year, and ~rovided £~rther that no stteh extension shaii be gr~nted to any em ployee who ha~ reaehed ~eventy ~~et years o£ a~e~ MAY RETI RE AT ANY T IME AFTER REACHING THEI R NORMAL RETIREME NT DATES, BUT IF THEY REQ UE ST DEFERRED RET I RE ME NT , T HEY SHAL L BE RETIRED UP ON REACHI NG ·rHE AGE OF SE\IoENTY (70) YEARS. (b) Th e effective date o f re t i rement under the provis ion s o f Subsection (a) hereof s hall • I • • ( • • • • be the first day of the first month follow- ing the month in which such emp loyee reaehe~ the age oi ~~xty-f~ve f65t years, or ~ft the ea~e of any exten~ion~ of ret~r~ent age, the date on wh ie h the exteft~ioft expire~~ ACTUALLY RETIR ES F ROM THE EMPLO YMENT OF THE CITY. 5-9-3: DEFINITIONS (u) "Actuar ial Equivalent" s hall mean a beftef~t ef eqa~valent valae wheft eempated at the rate of ~ntere~t and en the basis o£ mortal~ty and other tables last ado~ted by the Ret~rement Board~ EQUA LITY I N VALUE OF THE AGGREGATE AMOUNTS EXPECTED TO BE RECEIVED UNDER DIFFERENT F ORM S OF PAYMENT, BASED ON I NTERES T RATE AND MORTALITY ASSUMPTIONS IN EFFECT ON THE DETERMINATION DATE, DETERMINED AS FOLLOWS: A. INTEREST RAT E ASSUMPTION -EFFECTIVE JANUARY 1, 197 9 , THE INTEREST RATE ASS UMPT ION USED FOR PURPOSES OF COMPUTING OPTION AL FORMS OF PAYMENT, AS PROVIDED IN SECT ION 5 -9-2 5 , SHALL BE BASED ON THE PRIME INTEREST RATE OF THE FIRST NATIONAL BANK OF ENGLEWOOD, AND SHALL I3E DETERMIN ED AS FOL LO WS: 1. UNTIL JANUA RY 1, 1980, FO R PURPOSES OF COMP UTING OPTIONAL FORMS OF PAYMENT PAYABLE IN OTHER THAN A SINGLE SUM, THE INTEREST RATE ASSUMPTION SHALL BE SI X PERCENT (6%) PE R ANNUM . ON JANUARY 1, 1980, AND AS OF THE JANUARY 1 OF EACH FIFTH CALENDAR YEAR THEREAFTER , THE INTEREST RATE ASSUMP- TION SHALL BE CHANGED TO 75% OF SAID PRIME INTEREST RATE (ROUNDED TO THE NEARER ONE-HALF PERCENT) , PROVIDED THAT NO CHANGE WILL BE MADE UNTIL IT INCR EASES OR DECREA SES THE PREVIOUS ASSU MP TION BY AT LEAST ONE PERCENTAGE POINT. -2- • I • ( • 5-9-3: • • • 2. UNTI L JANUARY 1, 1980, FOR PURPOSES OF C0 1PUTING SINGLE SUMS, THE INTF PE ST RATE ASSUMPTION SHALL BE SIX l'E RCENT (6%) PER ANNUM. EFFEC- TI VE :TANUA RY 1 , 1980, THE INTEREST RAT E SSUMPTION SHALL BE SAID PRIME INTE RE ST RATE (ROUNDED TO THE NEARE R ONE-HALF PERCENT) AS OF THE BEGINNI NG OF TilE CALENDAR QUARTER IN WHICH SUCH SING LE -SUM PAYMENT IS MADE. B. MORTALI T Y ASSUMPTION -AS OF JANUARY 1, 1979, THE MOR TJLITY ASSUMPTION USED FOR PURPOSES OF COMP UTI NG OPTIONAL FORMS OF PAYMENT SHALL BE T HE 1971 GROUP ANN UITY MORTALITY TABLE, PI!OJECTED BY SCALED TO 1 975, ACCORD il•<; TO THE SEX OF THE PAYEE . HOWEVER, FOR ANV ' "SABILITY PENSION, SAID MORTALITY ASSUMPTION SHALL BE THE UL'l'IMATE MORTALIT Y RATES OF THE 1965 RAILROAD RETIREMENT BOARD TOTALLY DISABLED ANNUITANTS MORTALITY TABLE. SAID MORTALITY ASSUMPTIONS SHALL BE USED UN TIL CHANGED BY PLAN AMENDMENT, PROVIDED THAT IF A UNISEX MORTALITY ASSU MPTION BECOMES MANDATED BY FEDERAL OR STATE LAW, SAID UNISEX MORTALITY ASS UMPTION WILL BE THAT THEN IN USE FOR MALE PAYEES . (w) "Final average monthly compensa tion" shall mean the average monthly com pe nsati o~ received by the member during the last sixty (60) consecutive calendar months OF CREDIT ED SERVICE OR DURING HIS TOTAL PERIOD OF CON- SECUTIVE CREDITED SERVICE, IF LESS THAN SIXTY (60) MONTHS. 5-9-11: BREAKS IN SERVICE (a) If any break or breaks shall occur in the serv ice of a member, none of his service prior to the last such break, whether prior service or current service, shall be included in his credited service. The Retirement ~oard shall have the power to determine when a break or brea k~ in service shall have o~curred and such determinat i on shall be made in a nondiscrimina- tory manner. -3- • I • ( • • • .. (b) A leave of absence or interruption of service dul y approved by the City Manager and Boa~d e~ €a~ee~ Se~viee eemmi~sionefs sh all not be considered a break in service. All s uch leaves of absence or interruptions of s e rvice shall b e approved in a nondiscriminatory manner and for a specific period . (c) Any employee or any member who is on a leave of absence on account of entering into the military service of the United States (includ - ing service in the United States Merc hant Marine in time of war) shall, in the absence of reason able justification for additional delay, return to the s e rvice of the city within ninety (90) days after the time when a discharge from such military service was first available to such e mpl oyee . In the event that a member or employee does not return to the service of the city within the time specified above, such leave of absence shall b e considered a break in service. (d) The period d uring any l eave of ab s ence or interruption of service shall not, however, be included in credited service . 5-9-18 : DELAYED RETIREMENT DATE Every member upon reaching his no~ma~ ~eti~ement date m~st ~eti~e ~nde~ the Pian ~n!ess the eity ~e~~ests that he delay ~eti~ement ~nti! a delayed ~eti~ement date~ f~ ~~eh a delayed ~eti~ement date is ~e~~ested by tfie eity and the membef e~eets to do so; he may remain a membe~ o£ the Pian ~nti~ s~eh detayed ~etife ment date n~on ~neh tefms as may be dffanged; bnt not beyond the ~i~st day o~ the eatenda~ month eeineident with Of next s~eeee6in9 fiis ~6th birthday~ SIXTY-FIFTH (65th) BIRTHDAY SHALL BE FULLY VESTED IN THE BENEFITS EARNED PRI OR TO SUCH DATE AND SHALL BE ELIGIBLE TO RETIRE UNDER THE PLAN. HOWEVER, ANY MEMBER ELIGIBLE FOR NORMAL RETIREMENT MAY ELECT TO DELAY HIS RETIREMENT DATE, BUT NOT BEYOND THE FIRST DAY OF THE CALENDAR MONTH COINCIDENT WI TH OR NEXT SUCCEEDING HIS SEVENTIETH (70th) BIRTHDAY. His delayed retirement date shall be the first day of the month, coincident with or next following the date of his actual retirement. As a condition precedent to continuance in employment beyond -4- • I • • • • .. the normal retirement date, the memb er shall file with the Retirement Board the written designation of a beneficiary, whether o~ not the member elects 8fte t~t ei ~he AN OPTIONAL BENEFIT in accordance with Section 5 -9-2 6. 5-9-19: DISABI L ITY RETIREMENT (f) Disability shal l b e considered to have ended if, prior to h i s normal retirement date, the member engages in any substantial gainful activity e xce pt for such employment as is found by the Bo a rd to be for the primary pur- pose of rehab il i ta tion or not incompat i ble with a findi n g o f total and pe rman e nt disability ; or has suf ficiently recove r ed , in the opinion of the Board based on a medical examination by a doctor or clin ·~ appointed by the Board, to be able to engage in re~~ier empioymen~ wi~h ~he ei~y and ~e£~ses an e££ef e£ empieymen~ by ~he ei~y ANY SUBSTANTIAL GAINFUL ACTIVITY; or refuses to undergo any medical e xamination requested by the Board, provided that a medi ca l examination shall not be requir ed more frequently than twice in any calendar year. 5-9-30: DEATH OF MEMBER BETWEEN NORMAL AND DELAYED RETIREMENT (a) In the event that a member continues in the city's employment after his normal retirement dat~ and dies before actually retiring, then, for purposes of this Plan, shall be deemed to have retired on the first day of the calendar month in which he dies. If an election of an optional bene fit provided for in Section 5-9-2G is then in effect, the payments, if any, provided by such optional benefit shall be made to the beneficiary designated by the member. If no election of an optional benefit provided for in Article VIII is then in effect, such member shall be deemed to have elected the benefit provided for in Se~tion 5-9-25 and the one hundred twenty (120) monthly payments shall be made to the beneficiary designated by the member as required in Section 5-9-18. -5- • I • • I I · • • • (b) In the event that no designated beneficiary Is living at the death of a member while continuing in the city's employment after his normal retiremen t date, such member shall be deemed to have Pl ected the benefit provided for in Sect ion 5-9-25, and the ACTUARIAL EQUIVALENT VALU E OF THE one hundred twenty (120) monthly pay ments shall be computed and paid in one (1) s um to the estate of the member. 5-9-31: DEATH OF A RETIRED MEMBER (a) In the event that a retired member who has been receiving r etirement benefit payments under Sections 5-9-25 or 5-9-26, option (b), dies before he h a s received payment of monthly installments fo ~he term certain, his bene- ficiary, if l1.v .u .':l , shall receive monthly installments of the same amount for the balance of such term certain. (b) In the event that no beneficiary is living at the death of such retired member, THE ACTUARIAL EQUIVALENT VALUE OF the monthly installments for the balance of the term certain will be computed at the interest rate %est e~e~te~ by the RetireMent Beer~ and paid in one (1) sum to the to the estate of the retired member. If at the death of the last surviving beneficiary following the death of the retired member, monthly install- ments have not yet been paid for the term certain, THE ACTUARIAL EQUIVALENT VALUE OF the installments for the balance of the term certain will be computed at the interest rate %ast a~e~te~ by the RetireMent Bear~ and paid in one (1) sum to the estate of the last surviving beneficiary. 5-9-64: ALLOCATI ON OF FUND ASSETS UPON TERMINATION In the event of A PARTIAL OR the complete termination of the Plan, a%% THE assets of the AFFECTED .PORTIO!J of the Trust Fund shall be converted to cash and allocated to Members, Retired Members, Vested Members and Beneficiaries on the following basis: -6- • I • • Section 2. • • • (a) An am ount e q u a l t o the Accumulated Contributions, or ba lance t he r eof, which would be payable to the Mem b e rs , Ret i red ~embers, Vested Members or Beneficiar ie s s hou l d death occur on the date of the terminat ion o f the Plan. (b) An am o u nt of the remaining assets equal to a p ro rata p o r tion determined on the basis of the r at i o t hat t h e actuarial reserve for his accrued b e n efits minus the amount in (a) above c red ited t o h im h e ars to the total of such actuari al r es e r v e s minu s t he total in (a). That amendme n t s c o ntained in thi s ordinance shall become effective January l, 1979. Section 3. That all ordina nc es o r part s o f o rd i n ances in confl ict herewith are hereby expressly r epeal e d. Introdu ced, r ead i n fu l l and passed o n fi r st r ead i n g on the 5th day of Febru a r y , 1979 . bl . h d B;ll f 0 d . h 7 th d f Pu ~s e as a • o r an r ~na nce on t e _____ ay o F ebruary , 1979 . Rea d b y title and passed on final reading on the 20th day o f F e bruary , 1979. ~ Publ i s hed by title as Ordinance No. ~ , Ser ies of 1979, o n theg_/.Jit day of February, 1979. Ma y or Attest: e x o fficio City Clerk-Treasurer -7- I • • - ( ' • • • • • • • I, William D. James, do hereby certify that the above and foregoing is a true, accura t e and complete copy of the Ordinance passel?on final reading and published by title as Ordinance No. , Ser ie s of 1979. ex officio City Clerk-Treasurer -a- • I • ...... • • • ORDINANCE NO. 10 SERIES OF 1979 • • .. BY AUTHORITY COUNCIL BILL NO. 9 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY AND COUNTY OF DENVER, COLORADO, FOR THE TRANSMISSION, TREATMENT, AND DISPOSAL OF SEWAGE FROM CERTAIN PORTIONS OF NORTHEAST ENGLEWOOD. WHEREAS, it is necessary for the health, safety, and welfare of the citizens of the City of Englewood that a certain portion of the City's raw sewage collector system be connected to the sewage system of the City and County of Denver. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood, Colorado, shall enter into a contract with the City and County of Denver, State of Colorado, according to the provisions of a ce rta in written instrument captioned "Sewage Transmi ss ion , Treatment , and Disposal Agreement" which is attached hereto, consisting of seven typewritten pages plus addenda A, B, and C for a total of eleven pages, and is incorporated herein by refere n c e. Said instrument generally provides as follows: 1) That a ce rt a in portion of northeast Englewood, as shown on Addendum C, gene rally bounded on the north by Yale Avenue, on the west by South Logan Street, on the south by East Amherst Avenue and East Bates Parkway , and on the east by South Downing Street, to the sewage disposal system of the City and County of Denver. 2) That th e Ci ty a nd County of Denver shall treat sew- age from said area but ma y limit addition~l service or h~use connections within said s e rvic e area and ~n the case of emergency may prohibit and restrict ce r t ain use of sewer transmission lines . • I • - •• • • • • • 3) The City of Englewood shall be responsible for repairing lines within the City of Englewood boundaries and in the event that the City and County of Denver has insufficient c~a9f~ t~ treat the sewage of the C~ty of Englewood, the City ' o~En~l~wobd may be required t o construct, whether within the City of Englewood or outside the City of Englewood, such facilities as are necessary to treat the City of Englewood sewage. 4) The City of Englewood agrees to pay the City of Denver the charges and fees set forth in the revised Municipal Code of the City and County of Denver as they may, from time to time, be amended by the City and County of Denver for the treat- ment of said sewage. 5) The City of Englewood agrees that, from time to time, the City and County of Denver may request, and the City of Englewood will provide, information concerning the type and quality of services provided to its users and the costs, rates and financial records r elated thereto. 6) The City of Englewood agrees to conform to all applicable laws, and the term o f the agreement shall extend for a period of ten years unless breached by the City of Englewood and proper notice of said breach is given by the City and County of Denver. Section 2. That the City Council of the City of Englewood, Colorado, hereby authorizes the Ma yor of the City of Englewood, Colorado, to subscribe his name to said ag r eement on behalf of the City Council of the City of Englewoo d, Colorado, and the Director of Finance, ex officio City Cl erk-Treasurer shall attest the same. Introduced, read in full and passed on first reading on the 5th day of February, 19 79 • Published as a Bill for an Ordinance on the~day of February, 1979. Read by title and pass ed on final reading on the 20th day of February, 1979. J qb~ished by tit le as Ordinance No. ;IL} on the/~day of February, 1979. Attest: ex officio City Clerk-Treasurer -2- • , S eri ~s of 1979, Mayor I • • • • • • I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. 10 , Series of 1979. ex officio city Clerk-Treasurer -3-I • - • • • • • TR~::S:·I!SSiO ::, T R~~7 :-:E:n A:IO DISPOSAL A G~t.E :E.rn THIS AG REE:-IE'IT , ma de and e ntered in t o this ------- day of -------• A.D., 19 78 , by and betwee n the CITY A.Jil COUNTY OF DENVER, a muni ci pa l cor po r atio n o f th e State of Col o rado, hereinafter re ferre d to as t he "Cl li ", an d the---------------- he reina fter r efer r ed to as t he "c o·.;.E CiJR" or---------- WHE REAS , t "e ti <viscd nun i ci -al Co de of the Ci ty and County o f Dl nver, as amen ded , c o n ~ai ns tne foll owing pr ovision : .. The I!Jyor, up on r e c1 r1 t:n da tion o f the Manager , is he r e hy a u thon:c d and emp c\·lered on behalf and in the nJme o f t he Ci :.y to ma e und enter into c ont r ac ts for t P r a r r ic!£'P a nri tre atM Pf'l t of s~·~~g e for oersons, c it ies . t 01 :ns and i nc o t·p or ated s ewer distri c ts and Sdn ita t ion dis tr i c ts outsi de t he ge of)raphica l li mits of t he Cit; un Co un t y of De nve r, the United St a tes of An c.-i ca il r d t he St a te o f Co l o rado and agen c ies thereof havi ng c ontrac t ual arrangements with the City and fr om ti me to time to renego t iate existing and future cont ract s Ni h r e s pect t hereto and enter into ag r eements su pp l e .e nt i ng or amen ding any such exist- i ng o r future c on t ra ct ~.i th any such p erson~ city , tol'ln, d i stri c t o r a ge ncy; PRO VIDED, HO\I EVER, that (a ) no such con r ac t o r a greemen t shall i mp air the a btl i y of t he City to c a r ry aed treat t he sanitary se,-.a ge fu r n is he d Ji thi n he City; (b ) s uch contracts a nd a gl'e ernen ts sh a 11 be s t.:>j e c t to the r ules and regu l a uons he rPti..l f o.-e o.-.~re after p r OITi ulg ated by t he Ma nager wi tn re spe c . t J t he c ar r ia ge and trea t- n en t of sewa g f r om be y on 1 t he 1 irni t s of the City , a nd (c) th• t•.e r a t es o be s pecif ied in all future con r a c.ts for s uc h ca r r i ag e a nd tre a me nt of set1age shall t>e a' sree1f i e d a nd s e f orth i n t his Article; aT"1 (d ) 1ha". all new cont,..!c s o r c.,ange s to existing con ·ra c ts sh a l l r:qui r e a pproval by o r d i nan ce . WHER EAS , und e r the l ows o f the Sta e o f Col orad?, the Conn e c t or has t he powe r o con· r ac t wi h the City ; • • , . I • - • • • I ' •' ,, ! • • • • NOW, THE RE FO RE, in c onsi deration of the premises, of the INJtual covenants and ag reeme nt s herein set forth. t he parties hereto do mutually covenant, promis e and agree as follows : 1 . DEFINITIO NS. The te rms us ed in this Agreement stwll be def ined by t he defi ni tion s set forth in Arti~le 167 of the kevised Mu nic i pal Cod e of the City an d Cou nty of Denve r (RMC) and the Rules and Regu lations Governing Sewage Charg es an d Wastewater of the Manager o f Pub lic Wo rks o f the Ci y. 2 . ARE A OF SERVICE. T e City sha ll a ccept and provi de for the tr-an sn1ission, t reatment and C::ispos a l of sewa ge from t he Co ntract Se rvi ce Are a of the Con ne cto r thro ugh Con nect ion Po i nts. as descri bed in Addend a A an d 8 and s hown in the n.ao, Adde ndum C, ea ch of which are a ttached t o and mad e a part of the Acreement. A. Contra c t Servi ce Area : (See Ad dendu m A. ) B. Conne cti on Po i nt s: (See Addendum B.) No s ewerage serv ice provi jed under this contract shall be provided outside the Contra ct Servi c e Area as the s ame may exist from time to time, and the Connector agree ; to disc onnect f orthwi th any serv ice or house conn e ction to Connec :or 's system through whi c h sewerage servi c e fs furn i sh e d for us~ outside •,aid area . No enlargemen t or e xten- stan of the Con t r act Se rv ice Area may be ma de or become effective e xc ept by mutual ag reement of and be ween thf! Ci ty and the Co nne ctor mad e and entered int o fn wr 1 t ing and as an ame ndment to th is Agreement. The Con ne ctor agrees that it wi ll not direc tly nor i ,._ directly furnish , nor authorize the furni shing of , sewerage services within the Contract Se r vi c e Area. exwpt as provided in t his Agreement. The Co nn ecto r shal l be ful l y 1 iable to the City fo r unreported connec- t i ons i nc lud ing payme nt of a 11 •.ewera qe c harges thereon. -2- '· • I ~:·· ~ .r.~ .f . t -.. 1.- l ,, I '· i ' I ,. k \• I ·--.) f '· . .. ' .. ' I 't 4~ ; .· .1! -.: ,'-.. 't' -j:_<! ... .t 'y •· • I • • ' )I / ! • • • • It 1s understoo d an d a greed t hat t he City stw ll have r1 ght to review and approve a ll cont r ac ts or ag reement s i ncludi ng the prov isi ons of s ewerage serv ic e s wh ich may be or become unde r consideration by the Connector and other connectors . With the exc ept ion of contracts entered under agree,..,nt a r.d a pproved ~y the Ci ty ~rior t p t hi s date, no such con tracts o r agreements shall be or be come effective until approved, 111 writing, by the City. 3. CIT Y CAPA CITY Lim TATIONS . Co ntracts and og.--nU for the carriage and treatment of sewa ge from outs i de Denve r NY not 1..,.1r the ab ility of the City pro perly to c a rry a nd t reat sanitary sewage fro. ins i de the City . The City , pa rt icularl y in vi ew of the n~ds of users within its politica l jurisdi c t ion a nd its ob li gat i ons under Federal and Sta te law t o prevent poll ut ion, may , as a llowed by hw, at such tiiiH as it so determines that the capa city of i ts Service System is being e xc eeded or ma y be exceeded, be r equ i red to 1 fmit present service or add itional servi c e or ho use conne ct ions wi t hi n the Contract 5ervice Area. The e xtent to which li mitation of sewerage service ou ts ide Denver ma y be necessa r y t o enable t he City t o provide adequate ly for users i ns i de Denve r and c omply with Fed era l and State requiremenu is 1 fact to be determined by the City in the ex erc is e o f its reas ona ble di s creti o n frDitl time t o ti me as oc tdS 1 0 n may r e ui r e The City, t o tne e xt "nt poss i b 1 e , sM 11 i mpose suc h limita t1ons to Co ,nectors i n dn eq ui table m~5nner. taking into acc ount t he a:ppro p l O e Png1n c.cri ng c.c nsider at i ons. Among t he actions which may t.e or dered b t he C1ty and with which the Con oec or s hall comp ly are t he foll ow ing: (1) RESTRICTIONS . The f irst listed restric ti on shall be ad o p ed to 111ee t the least serious situa ion and the s ucceed i ng restric- t ions sh a ll be ad opted in ad di uon to prior listed res tri ctions, the last to meet the gravest possibl e si ;at ion and one wh ich every rea sonab le prec aution must be uke n t o avo id: (a ) limitation of additiona l ser vice or house conne c · i ons i n the service are a. ·3· ' • I. I ' ' . •. ..._'II . ·.• 1! . . '!"' ·~ -~ t.~:~·':. ~ ·, · ... ( i .. · .. f' . ...... ":; I;~ ·, I.·::-· r ... . ·' ~· i ,, I .. · .. t .' .. I : I • • I • ·I i i • • • (b) Proh ib it i on of ad ditional service of house connec tions in th~ service are•. (c) Re str icti on of uses , which can be acc:ooapli shed wi th ot.tt serious inj ury to per sons or property. and prohi !Ji ti on of nr>n-es sent ia 1 uses. (d) Prohibition of ev ery us e e xc e pt fo r domestic us e and for governme ntal an d es senti al cormer- cial enterpr i s es and i ndustry . (e) Prohibition of a l l use outside t he CHy e xcept for domest i c uses . (f) Proh ibit i on of all uses ou tside the City. (2) RE PAIRS . In the event that capa city c an be res tored or pollution prevented by the re pair or the replacement of coll e cti ng s ewer l i ne s of the Conne ctor. as in th e instance wnere infiltration or i nflow becc.es exces sive, the City may order the Connector to take a ppropr i ate a ction to eliminate or lessen such infiltr a t i on or i nflow by t he repair or r eplacement of some or s ll of the collecting s ewer lines of the Co nne ctor. Su ch action s ha ll be taken by the Connector wit hi n a reas ona bl e ti me to be determine:l by the City . (J) RELI EF LINES. In the e~ent that capac i ty su ff ici ent to St!rve the Connector ca n be provided o • polluti on prevented only by the addi tion of new co nne c ting lines , wh •?ther ins i de or outsi de the CiQ or the expansion of trea tme nt f aci lities, the Ci ty may order the Connector to c onstruct., at its own cost . su ch requ ired facilities within a reason- ab l e time to be determi ned by the City. (4) ABANDDN11ENT. In the ev!nt that the Co nnector fails or refuses to repair o r r eplace its c oll:!cti ng l i ne s or to con struct r eli ef fac ili t i es, the n the City s ha l l o r der the Con ne c tor to abandon and cease its use of t he City's sewe r sy:;tem. The City s hall , in eve r.1 instance , gi ve the Co nnectof' ,, adeq uate rea s onable no tice o f its a c ti on o r actions i n accordance wi ttl its rights as set forth above and include in such not ice the acti on -4 · • r ~-., :.. .. '· '·. I r ~·. c.t. ... ~ ..• i I I' J 1-.-,· t · ., .. !' ·. ~: .... •I -' ... 1:. I 1:: . ..:·.· I ~ t. I I c \ ,. ' . .\ I .. :· .. · .. :. .. : .... .. I • ,.. ... , .. .. I • • • • ' ' I • • • n•q uirrd o f t hfl Conn•'•. •or. t he t 1rne by •h 1c h t he a't i on s mu s t be t aken. dn{t the .._nu t '•t.' lht• C i ty <,;h.t ll l·ll-fl 1 n t he ev ent o f the f d i I ur~ or rt:"ft1:.d l o t lht• Lonnt•L tor o t.om l y . I n no (>ven t shdl l the Co nnector be n•qu~t ·c.J t o u wnply wi t h thl! dLtt on ~et fo t h i n Subparag r a ph (4) Jbn ve sooner t h,l n t wo yc11 r ~ fr·01n t he d.ne of not ire . Tlw Connc• lot· 4!'-V t'C!)!) l y un J e r s t.d~nd s dnd lgrces that, upon f .t l l ul"(~ o r r c fu ~.d l o n i ts pd r t t o comp l y with s ut h Jimits , r~· stri 1 L •o n ~. proi111 H t iont; canJ o t·dc r·'i , i n rldd i tion t o a l l other remed ies o f th Ci t y , t he Co n rl<'"t or. t o the e'-:l'nl vern11tted by law. will c ompen· a s a n ,:.;ul t o f thr Clt y's fJ tl ure t o 11Cf't r ~.:.•<kt"dl o r St dte-i nlpos ed. pul l u t ion cont r·o l r eq u ,rcmen ts to t he ext en t ~u c h pend l ties resu lt frorn t h r• Ct11Hl c "rot·'s fd ll ut·e nr n .•fu ..,l l t o dct. 4. C~l~G($_A .n r lJ S. 1 he C on u t•~-. tor d ~w~.·r s t o IJ dY t o t he Ci t\ !hr , 11.1 ,·~...-s .tnd l e-t·~ .,,.l f l'th i n !he 1:~\l "l'd Munidpal Code o f the• Ci t y ,1n d C·'t lfll\ u f Oc ·m c r .wd JS tht•Y m.,y ft·orn time to tl me t•c a m c •nJ~rl .l nd ~o.hoi !Hl tiJ by l h1..l (1:y . If .wv '"''lll t_'" ,L_w o ~he Ci t y s h.lll n~TI!J l n unpaid f o l lo.,.l ng J•J d.IY" t'l C onn ~..·...t o t· n .-r e 1r t of • bi lling stdtemen t. the Con n c~. t o t· shd I I h~ c h.1r ·9rd .w .1 ,·,rr~s .Jy a q t ·p c ~ to pay t o t he City intcrt''"·t em t he ,l llii'Uilt un pJi J ..t o; t o t he rJtc o f on ~ percent (l D.) per due . tC' the pe r·fl,.,t'la,t n ,C' n f (l LJ' il l t\ ~···v 1 . ...: (or t ht• Conn ec tor or any o the r ~p·.wt t-y •he Cit \ M .tny ,.,,,,1 .. i ,,. ,.,,11:1 ~Jr priv 1leoe. • i • ! . ~--' . >t 'I · f, ... " 1./"'' i ... of .. I" •. :, f; I~·-· ~' .. i .. ·-." . .. .. \ I; . I · .:.. f,r i . ol '~ I ' I· I • • • • • powers res pe c t ing conne o rs rather t han i'tlposing on t he City an obligation t o do so. 6 . EXC HAilG E OF :'IFORMATIO!I. T ~e Conn ec t or understands and agrees that from time to time tne City rr.o request and the Connector will pro vide information conce rning the ty pe-s olld qwan t i ti~~ of ser~ices pro vided to its use rs and t he c os ts , rat 2' and finan c ial records relatPd thereto. The City a grees to arra nge for a nd condu c t an annual brief ing of Con nectors rega rd i ng the qua nti t y of servic es provided. the elemen t s of cost i ncluded in ra t es establi s hed by the Denver Board of Council men, and t ~e Rul es a nd Regula ti ons promulgated by the Man•!lft" of Public Wo rks. Any and a ll co11111e nt s, suggest ions, and i nfonnation rece ived by t~e City as a result of sa id a1nu al br i efings shall be considered and evaluated by the City i n its determinati on of quantity of service prov ided, rates charged, an d pro,ulga t ion of Rules and Regulations . 7. CONFORMANC E TO LAW . The Conne c tor agrees to abide by, and conform to, oll a pplicoble l aws of the United States, the State of Colorado, and t~ose applicable provisions of the Charter and Revised Municipal Code of the City direct ly or indirectly related to t~e subject lllltter of t~is Agreement, toget~er with sue~ ru l es and regulations as may be promulgated from time to time by the City wlth regard to its Sewer System . 8 . TERM OF AGREEMENT. T~i s Agreement shall be in full for ce and effec t and shall be bi nd ing upon t~e City and Connector from the da te of its maki ng for a period o f 10 years t~ereafter; PROVIDED, HOWEVER, that fa ilu re on t~e pa r t of t~e Connec tor to abide by the terms of this Agre ement ma y , at the Ci y 's op ti on, c ause earlier tennina- tion, in w~ch e vent t~e Ci ty shal l , prio r to do i ng so, give 30 days notice in writing of lts intent an d r easons therefor. -6- .. .. I t.o... ··~· ; -- ' .. ... I ~ --,.. I,·· -'· • ·' I • .. - .., • • • • • • IN II !TNESS WH[R£0 F, the parti es ~reto ha ve executed, through ttoeir law f ully ~wered re pres enuti ves, properly ottested and under seal, t his Contrac t as of the date first herei n before written . AnEST : F. J . SERAF HI!, Clerk and Reco rder, Ex-Officio Cl erk an d of the City and County of Oenver APPROVED : I'IAX P. ZALL, Attorney fo r t he City and County of Denver By~~~T7~77~~~-----As s istant Ci ty Attorney AnEST: By·~W~it~n~e~ss~------------------- -7 - CITY AND COUNTY OF DENVER By'"MA"v"'o-.:R---------------- REC OII'IENOED AND APPROVED : By u~~n~a~g~er~.-.O~e~pa~r~t~~~t~of~-~ Pub 1 i c Works REG! STEREO AND COUNTERSIGNED: ByTAu~d~i~to~r~------------- "CITY " CONNECT OR ~------------------- Address / • • !. ! . '1 ,. f'-' I I ,. i :r. .. · . ,:.~ '.{ -"· -. ~ .. ~·· . ..:.. ~-·.· l 1 -· " I ~.' . :~-- ~ . .. . I I ~ -n f \I 'I .. -. ' .. ' I I i {· I : •. ;· t·· I . ·~ '· I I 1 .I I .: I • - ., • • • • • • ADDE:IDUM A The Contract Se rv l.Ce Are a affected by the Se\o.•age Transmission, T reatment and Disposal Ag r eeme nt re tween the City and County of Denver and t he City of Eng l c .... •ood , Colorado cons ists of the following locat icn s: s. Og d e n St S . Do wning St E. Yale Ave E . Yale Place S. Clarkson S t 27 00 S. eme rso n St 2700 2701 2715 2720 2727 2730 2740 2147 2750 2735 2770 2771 2780 2798 2828 270 1 2710 2727 27 30 27 3 1 2740 27 ~1 2745 2750 2755 2760 27 71 2780 2790 2791 2f.O l 2815 -1 7 (2 units) 19 units 2701 715 l737 27 4 5 ?15'i 2799 6 UOlt.~ S. Log an St 15 units 2700 2702 2 un its S . Pe nnsy lvania St 2 70 1 ( 2 units) 2 7 25 3 un i ts 460 S. Pea r l S t 2701 2711 2 7 20 &00 &08 656 -660 (2 ni ts) 1100 11 30 11 50 8 uni ts 64 4 __ .ill__ __ 2 units 2700 2 ;0 1 27 0 7 2711 2716 2738 ?744 2750 27 51 2775 27 85 26 01 (3 units) 1 4 UO.I.t!; 272 1 (2 units) 273 0 2731 2736 2741 2751 2756 2761 2766 2770 2771 15 units S . Wa s h ing ton St 2709 2710 2719 2720 2729 2730 2739 2740 2750 2759 2760 2770 2779 27 9 0 279 9 15 units • I • • - • ' ... • • ADDENDUM A PAGE TWO c . Amherst Ave J.:. u utes Pky 525 57 5 605 615 625 635 9 00 102 1 1 0 27 I 0 HJ J(JSO 1111 1150 (2 units) 117 0 1 177 II ijO 17 uni t s 1001 1 0 2 5 104 5 1075 1085 1095 11 25 11 55 1165 1175 11 us .!._!1L__ 12 units • • • .• I I ,_ .I ''· I . \ <' ~· .. I • • • - • • • • • • ADDENuU:-1 B The Connec t i on Po 1 nt s a t '••h ich waste wa ter f rom the Englewood ser v1ce a r e a en t e r s the De n v e r s ys t em a r e: a. t-1ainl 1.ne f lo'"''lng n o r t h f r om l ntQrsectl.o n of East Ya le Av enue a nd the a l ley s epa ra t ~ng properties o n Sou th Lo gan St fr om Sou th P ennsy s van ia St. b . Manho l e in s o u th s.i d e of East Yale Av e at South Pe a rl St . c . Ma n h ole 1.n s o uth s1 d e of Ea st Ya l e Ave 60 feet wes t o f 1.n t e r sec t.i o n ""'lth Sou t h Wa shing t o n S t. d . :-1.ln hole in .C.Js t Yale Av e , 1 0 fee t v.•es t o f the l.u t ~rs c c t l o n .... 1 t h S o u t h Clark s o n St . • • I • / ' ) I -~ .. 1 ·' ~ ' ' ,. I .. ~l .•, .... '· ., .. ' l '· :,..j' . I .. • "9 . 'y • • • • ··r wr I I ~t I . .. ~ ' I • I ~-~~ ... l ":JJ _, • "'.,."'I ,. 0 ,!.,., I ' I ~ . I . j I i ! ~, ! I I I ! ! ~ I ' i i -... _ -=~ i il ! • .· ·' '(: -II ·: . ' . ; '·.-=; ~ .... ~:t_:. .. ·:;. ~-~-:'1 ; .... · .. "-~~ .. · .. :·1" -'·-: ........ .., :. .. ·. 1£. ~.::~> . ~· .:·-., ;~ . _,· - ·. ....... \...' \ ·. ., '!· ..• ~ . .. -· ..... ~ ~'·--~::~. ·~·· .... . '1 ••• . ·-?-i .. -. --,._... :"' . t -,.. .. .·· . I . • .,. ;''"" ,; . : .. )/ .... ,, ;. -',' •t ' ..... ; .:-_·· ..... -'-·:,..,· -~~- ····: ..:,_ ....... I · ; -" ~·:! .. -. ,_ ·-... ~ ·' ·~ ;_ · . I • • ORDINANCE NO. ~~ SERIES OF 197~ • • • BY AU T HOR ITY COUNCIL BILL NO. 9 INTROD UCED BY COUNCILMAN HARPER AN ORDINANCE APPROVING AN AGREE~ENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY AND COUNTY OF DENVER, COLORADO, FOR THE TRANSMISSION, TREATMENT, AND DISPOSAL OF SEWAGE FROM CERTAIN PORTIONS OF NORTHEAST ENGLEW OO D. WHEREAS, it is n ecessa r y for the health, safety, and welfare of the citizens of the Ci ty of Englewood that a certain portion of the City's raw sewage collector system be connected to the sewage system of the City and County of Denver. NOW, THEREFORE, BE IT ORDAIN ED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COL ORADO , as follows: Section 1. That the City of Englewood, Colorado, shall enter into a contract with the City and County of Denver, State of Colorado, according to the provisions of a certain written instrument captioned "Sewage Transmiss ion , Treatment, and Disposal Agreement" which is attached hereto, consisting of seven typewritten pages plus addenda A, B, and C fo r a total of eleven pages, and is incorporated herein by reference . Said instrument generally provides as follows: 1) That a certain portion of northeast Englewood, as shown on Addendum C, gene r a lly bounded on the north b y Yale Avenue, on the west by South Logan Street, on the south by East Amherst Avenue and East Bates Pa rkwa y , and on the east by South Downing Street, to the sewage dis po sal system of the City and County of Denver. 2) That the City and County of Denver shall treat sew- age from said area b ut may l imit additional service or h~use connections within said s e rvice area and ~n the case of emergency may prohibit and restrict certain use of sewer transmission lines . • I • • - • • • • • 3) The City of Englewood shall be responsible for repairing lines within the City of Englewood boundaries and in the event that the City and County of Denver has insufficient capacity to treat the sewage of the City of Englewood, the City of Englewood may be requ ired t o construct , whether within the City of Englewood or outside the City of Englewood, such facilities as are necessary to treat the City of Englewood sewage. 4) The City of Englewood agrees to pay the City of Denver the charges and fees set forth in the revised Mun ici pal Code of the City and Count y of Denver as they may, from time to time, be amended by the City and County of Denver for the treat- ment of said sewage. 5) The City of Englewood agrees that, from time to time, the City and County of Denver may request, and the City of Englewood will provide, information concerning the type and quality of services provided to its users and the costs, rates and financial records r ela ted thereto. 6) The City of Englewood agrees to conform to all applicable laws, and the term o f the agreement shall extend for a period of ten years unless breached by the City of Englewood and proper notice of said breach is given by the City and Coun y of Denver. Section 2. That the City Council of the City of Englewood, Colorado, hereby authorizes the Ma yor of the City of Englewood, Colorado , to subscribe his name to said agreement on behalf of the City Council of the City of Englewood, Colorado, and the Director of Finance, ex officio City Cl e rk-Treasurer shall attest the same. Introduced, read in full and passed on first reading on theSth day of February, 1979 . Published as a Bill for an Ordinance on the~day of February, 1979. Read by title and passed on final reading on the 20th day of February, 1979. on Published by title as Ord inance the~ day of February, 1979 . Attest: ex officio City Clerk-Treasurer -2- No.~~ , Seri~s of 1979, Mayor • • • I • • - • • • • I, William D. James, do hereby certify that the above and foregoing is a true , accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. /0 , Serie s o f 1979. ex off1c1o City Clerk-Treasurer -3-I • - • • • • SUAGE TR"::S :·H$SiO::, TR!X :E:IT A:lD DISPOSAl TH IS AG R[H!['IT . ~•de and en tered into this day of -------• A.D., 1978 , bv and between the CITY AoiD COUNTY OF DENVE R, a muni ci pa 1 cor po ration of :he Sta t e of Co 1 or ad o, he r einaf ter refe rred t o as the "CI <i ". and he---------------- he r e inafter re '"e r r e d o as t 11e "co ·.:.E. lO R" or ---------- WHEREA S , tne l<c,iscd l:uo icipa l Code of the City and County of Ot nver . a s ame nded, LO n ta ins tne follm i ng provision : "l he :•ay'1r , upr n r ec· r l!nd a tio n o f t he Ma na ger .. is hereht au han :c:d and empn1cred on behalf an d i n t he nJn •e o f · t Ci ·.y to mak.e gn d enter into contracts for t P J ... ,..; ,:~.r·p d,..rf t r pn ·nfln ' nf Se\·J ~ e for of'r c;ons, cit ies , tC'\.n~ an:i inLo•·ro rated sewe r dis n e t s and s .1nita ·ion dn · i.. ts OJts i de he gecC)raphi ca 1 1irni ts o the Cl'_1 ... r.i (oun:y of Den .c r. he Uni~ed S ates of Ar.t>d ~ :tr1 tl-tc S~ate o r tola rado and dgenLi es thereof h ll\1rq l.O~tract.Jd~ ar r ange ~nts with the City and fr om tlne to :.i to renegoti ate ex is ti ng a nd fut ur e con tr-ac:s ~·n·h rPs~ect thereto and enter into a gr eerren !i s~.o,plt ••o·irq or ame nd i nQ any such exh- ing or future con:r .. h • \1.1 t"' any such pe r son , city , to""• d istrict or a<;rncy: rP.O'.lDED , HO.JEVEq , hat (a ) no s uc h contrdct or agre-ement shall in: air t he a bility o f he City to car J a,d reat he sanitary se1·1 a ge fu r ri shed •·l th 1 '1 :h• C 1 :.1 ; ( ) s uch contrac ts and a gretn ~nts sf all be s .JJL..t o e r u les and regu l au !'m; ere·vfo,·e ot li ·reaf:.e r promulga ted by the Ha na ger 1vi tn re <::per · tlJ tnc carriage a 1d trea - me n t of scvacc from beyord :.he limi ·s o ft _ Ci y , end (c ) t"ta t 1.e ratt.:S L, te specif i ed in a ll future contracts f or surh carnage and tre cPmc n of se1·1 ag e sh a ll he as spec1fird and s~t forth in this Ar t;cle; ~,d (d) t J ' all new con•rlcts or c~a n ges to e xistinq contracts ~hal l r·:;uire appnJval by ord i nan c e. W FR EAS , ""·Je r the 1 MS of the State of Colorado, t he Conn e c t or has the rcwe... o cot~· r1~ wl th he City; • • I • - \ .' ~ { ·,j ... ! . ,, . i i J ; . ·' ... •' ! ., • • • • • NOW , THEREFORE, i n c onsideration of the premises, of t he mutual covena nts and a greement s herein s et forth, the parties hereto do mutually covenant, prom i s e and a gree as follows: 1. DEFINITIONS . The t e rms used i n this Agreement stwll be de fi ned by the definitions s e t forth in Arti r.Ie 167 of the kevised Municipal Code of the City and Co unty of De nver (RMC) and the Rules and Regu lations Govern i ng Sewage Charges and Wastewater of the Manager of Pub lic Wor ks of t he City . 2 . AREA OF SE RVICE. Th e City s hall a ccept and provide for the transm ission. trea t me nt and d 1sposal of sewage from the Contract Servi c e Area of t he Connector througt1 Con nection Po i n ts. as described in Adden da A and B and s ho wn in t he n~ap , Addendum C, ea c h of which are a t ta c he d t o and made a part of the A£reemen t . A. Contract Servi ce Area : (See Addendum A. ) B. Conne cti on Poi nt s: (See Addend um B.) No s ew erage servic e pr ov i 1e d under this con tract shall be provi ded o utside the Contra c t Servi ce Are a as t he s ame may exist from time to time , and the Connector a gree ; to d i s c onnect f orthwith any servi c e or hou se c onnec t ion to Co nnec :or's sys tem hrough wh ich sewerage ser vi ce is furn ished for use outs i de ·.a i d area . No enlargemen t or e xten- sion of the ·contra c t Servi ce Area may be ma de or bec ome effective e xc ept by mutual ag r e ement of and be ween hP City and t he Con nector ma de a nd e nter ed in t o in wr iting and as an amendment to thi s Agreemen t. The Connector a grees tha it wi 11 not d i rec tly nor i ft- d i rectly furnish, no r au thor He the furnis h i ng of. sewerage se rvices with i n the Cont r a ct Serv ice Ar ea, excPpt as prov ided in t h is Agreement . The Co nne c tor shall be ful ly 1 iable to the City fo r unreported connec - tions i ncludi ng pa ym ent of all ewera qe c harges thereon. ·2· • ' • I I r, .. ·~.-r~~ ' ., f I " ~-·i. f a .... ~. ,;~ ... i ~J ··: .:• - I . ..,_ '· ' i . . ·' -·· I ' .. ... - ·t ~- . .;. ' ; i·· ,. i' t . . ' ~<· ' . I· . ·' . I • .1 ' I' .. ,_ I .. ...... ; ;. ' f: ·. ~1' I !: .. ; ..... I • I, I t ~ '· 1- • / --..... • i ~. j j f ! • • • It is understood and a greed t hat the City shall have rigllt to review and approve all co n t ra c ts or agreeft'ent s including t he pT'Ov is1 ons of s ewerage servi ces wil ich !T'.ay be or becom e under consi deration by the Conne ctor and otner con ne ctors. With the except ion of contracts entef"M under agreement ar.d a pprcved !:.y the City ;Jrior tp this date , no such contracts or agreemen ts shall be or become effective until approved .·f ft writing, by the City. 3 . CITY CAP AC ITY Ll fll AllONS. Contracts and a gr-nts f or the ca rr iage and treatme nt of sew age from outside Denver may no t 1mpa1 r the ab i 1 ity of the Ci y properly to c arry and treat s anitary sewage fro. inside the City . The City, parti c ula rly in vi ew of the needs of user s within its politi cal jurisd iction an d its obligations under Federal and Sta te law t o prevent pollut io n~ may , as a ll owed by l aw, at such tfllf!S as it s o de termi nes that the ca pa city of its Service System is ~ing e xc eede d or ma y be exceeded , be required to lim it present serv ice or addi tional servi ce or ho us e co nnec ti ons withi n the Contract Serv i ce Area . The extent to which l i mitation of se~serage servi c e outside Denver ma y be neces s ary to ena ble t he City to provide adequate ly for users inside Denve r and c omply wi th Fede ral and State requi rements fs a f a c t t o be de ermi ned by the City i n the exerc ise of i ts reas on able dis c retion fr0111 time t o time as oc c aS'On may requi r e . The City , t o the ex t e nt possible, shal l impos e such limi tati ons t o Connectors in an equ i t ~ble ral!nne r , t aking into a ccount the appropri a t e eng i neeri ng conside ra tions . Among he act ions which may be ord ered by the City an d wi th wh ich t he Co nnec or shall comp ly are t he following: (1) RESTRICTION S. The f irst listed res triction shall ~ ad opted to mee t the least serious s i tua ion and t he succeeding restric- t ions shall be adopted in ad j1t 1on to pr io r listed restricti on s, the last to meet the gra vest possibh siua ion and one whi c h every rea sonable precau ion must be t 1ken c a void: (a ) li mnat ion o~' additional ser vic e o r hous e con ne . ·i ons i n tn e serv ice area. -3- • ' • ' '. !."'' ., ... :II I , ~~ .'. ~ · . ., I "~ Tl l · .. ~-·: . ·, I .. ~· . I ..... · .. ( .:. .''• .... ~; '~ .... -~ ' ~· '~. I '· ~ :: I I - -,.. ' • I • • - • I / I • .1 I ~ J ' ... i ~ l • • - (b) Pro hibi 10 n of ada itianal service of ho use connec t 1ons i n the service are a . (c ) Re str icti on of us es . wh ich can be accoq>li s hed without ser ious inj ury to persons or pr operty. an d pr'o~i 'li tion of n fl n~essential uses. (d ) Prohibition o f e very use e xc ept fo r domestic use and for gove rnmental an d e sse nti a l canmer- cial enterp r i ses and i ndus t ry . (e ) Proh ibiti on of a l l us e outs i de t he City e xcept for domest i c uses . (f) Pr ohibi ti on of al l uses ou tside the City . (2 ) ~-In the event that c apa ci ty can be res tored or poll ution prev ent ed by t he repai r or the re pl a cemen~ of coll ecti ng sewer li ne s of the Conn e c t or . as i n th e instance where infil tra ti on or i nfl ow becomes e xc e ssive. the City may o rde r t he Co nn e c tor to take appro pr iate acti on to e liminate o r lessen such infi l ra t i on or inflow by the rep a i r o r r eplacement of s ome or ~11 of the co l lec t ing s ewer l ines of the Co nne ctor . Such action shall be taken by t he Co nne ctor withi n a rea sonable ti me to be de termi neJ by the City . (3) RELIEF LINES. In the e~ent t ha t capa city suffici ent to serve the Conne cto r can be provi ded o • poll u t ion prevent ed on l y by t he a ddi tion of new connec ting lines, wh .,ther ins ide or outsi de the Cit,y or t he expans i on of treatment f acil ities , the City may ord e r t he Connector t o c ons t ruc t, at its own c ost , such requtred f ac ilities with i n a reason- ab l e time to be determined by the City. (4) A BANDONI~ENT. I n the ev~nt t hat t he Con nector fails or re f uses to repai r o r rep la ce i ts c oll:!cti ng lines or to c on s truct r eli ef facilities , then the Ci t y s ha l l o r der the Con nec tor to abandon and cease its use of the City's sewer sy·;tem. The City s hall , in ev er t instance . give the Connector adequa te reasona bl e no tice nf i s a, ci on or actions i n accordance wi th 1ts ri gh s as set forth ab ove and inc lud ., in such no tice the action -4 - • • r l . f -_,..-,:' ··.'- • L' .. ~ • , ... .. - I .... I l ' '. 1.- ., ...... , i " ' t .. . ; !· ; ~ . .', . . [; . ..;.. ~.: ... ~~· .,Milt I .. I I , . ..;."'· I ,· t: ... . .... ·\ , ,'"-. I • • • • ,. • r(.Jqujr rJ o f thfl Co nnP• .. tor. the t i me by wh ic h ttJP a ctions must be taken, dn11 thec (Ou r '•t.' lht• City 'i h.tll t .H:c '" t he event of the fai Jure or n._..t u:,tt I o t tht• I .O •Int'L tor to ~.:ampl y. I n no <'vent sha II the Connector be rf'q ui r·t•ll t o t omply with lht! aclt on :,et fort h in SubpJragraph (4) Jbnve sooner t h,1n t wo ycdrs from the d.ne of noti r e. lh .. Co tmt.•• l ot· c-.Jwc~sly un dc r s tll .. nds and Jgrces that, upon fd1lurc o r r rfu·.dl o n its pJr t to comply h•ith s ul.h limits. re· stri 1 t 1 o n ~. pn•llthJt Jou " ctnJ o rdct·~. in ctddftion to a ll other remedies of the C11 y, t he Co nn c~t v r. to the e).t l'nt permitted by law, w111 comp en- srttc h~> trt.) t cw • .~ny ci v1 l o r ,nminct l pcr•d l ties imviJsed o n the City a ) a n~:,u lt of lllf' City's f J 1l urf' to 11Cl't ft' t•r·al or St ate-imposed IJ( ll u t1cn LOn t ,·o l r equ iremen ts to t he extent s uch pendl ties resul t or lh<' C 1ty "''" t"·'unt\ ll f 0f'n \r r ,,nd Js th,~.,. m.1y f•·om t1me to t;me 1 f olio ... in~ 3:.1 d.l\ ... Clf Co nnt.'ll rl r t 't.•c e 'l'~ of a 1'1l l 1nq stdt ~t. the r 1 fn tcr l'r,t l'll t he ,,m.,un t un pJi J ,,.., to t he ,.,ltl~ C'f on ., pct·cent (I ") per ' l due. to t•tl' r <'r1('1 1 LJ n.r or ·' u· 1l 1t \ .·•·v • l' f or lht> Connt!c t o r or any other ,, • • • -r ~ f··' ' '!: 1 .. t\· - (~· _oj·# ... .-,. ., '· ·. ~ tr. .. ~ ,!- I· .... · .. J !. '· ' .. \ I' ' j• . ' r ~ ' ,_, ' ~;~· ... ·., I; I • • • • • • powers re soec t 1ng conne c ors rather t han l'Tl posing on :he Ci'::y an ob ligation o do so. 6 . EX C~A •GE OF !'IFORMAT 10 I. The Conn ector unders tands and agrees that from t ime to t i me tne City ma reques t and the Conne c tor will pr ovide informa ti on co r.ce rning the type-s csn d quan titi.?~ of ser1 ices provided t o its users and t he costs. rat e~ and financial rec ords relitPd the reto. The Ci ty agrees to ar ran ge for and conduct an annul l brief ing of Co nn ec:.or s regarding the quant i y o f servi c es prov i ded. the element s of cost i ncluded in r ates e sta li s hed by the De nve r Board of Coun cilmen, and the Ru l es a nd Reg ulauons p romulgated by the Man age r of Pub lic Works. Any and all corrrne nt s , s ugge stions, and infonna t1 on rece ived by the City as a res u l t of sa id a 1n ual br ief i ngs shall be consi dered and eva l uated by the City i n its determi na ti on of quantity of serv i c e prov id ed, rates c har ged, an d prc"Jul ga ti on of Rules and Regulations. 7. CONFORMAIICE TO LAW. The Co nnector agrees t o ab i de by, and conform to, Jl l a ppli cable l aws of th e United States , the State of Co lo rado, and t hos e applicable provisions o f the Charter and Rev i sed Plunicipal Code of the City direct l y or indirectly re l ated t o t he s ubj ect matte r of this Agreement, together with such ru l es and regulations as may be prcxnulgate d from time to time by the City with regard to its Sewer System. 8. TE RM OF .~GREEY,E NT. Thi s Ag reement shall be in full f or ce and effec t a nd shall be bi nd ing upon the City and Connector from the da t e of i ts ma king for a pe riod o f 10 years th ereaf ter ; PROVI DED , HOWEVER , that fail u re o n t he pact of the Conn ec to r to abide by the terms of t his Agreement ma y . at the City's option, c ause earlier t e nnina- tion , in whch ev e nt the Ci ~y sha l l , prior to doing s o, give 30 days noti c e in writing of its intent a nd reasons therefor . -6- • I . -... 'n .... .. -... w' . ., I • • • • !II fl!TriESS WHERfO F, the parties hereto have executed, through t •~i r law f ully empowered rep r es entat ives, properly attested and under seal , t hi s Contra c t as of the date first hereinbefore written . ATIEST : F. J. SERA FHII , Cle rk and Recorder, Ex-Offic io Cl e rk an d o f the City and Cou nty of Denver APPR OVED : MAX P. ZA LL, Attorney fo r t he City and County of Denv e r By 'A7s7s,~·s~u~n't'C~i~t~y-A~t~t~o~r~n~ey~------ ATIEST : By.uwTit~n~e~s s~------------------- -7 - CITY AND COUNTY OF DENVER ~uMAMYfflO~R------------------ RECO!foiEriDE D AND APPROVED: By uMa~n~a~g~e7r-,'D~e~p7ar~thmen~'t'o~fr---~ Public Works REGISTERED AND COUNTERSIGNED: ~.A-ud~i~t~or~--------------- "CIT Y" COliN ECTOR By ____________________ __ Address ' • . -' i . ; ...... ' I ,. ~ -i ' ~ .. · I I. .,. .J. I '· I f .. r .. . ~- ·; .-· • . •;, .<. ' I , I ~-. I I I, \ 1: [I' i I I I· 1-... : I • :;. ' I ' -_, I -~ .. -:::·· .. ' •.,.Jo'T. I • • ., - • • • • • • •'DDENOU ~ A The Contr act Se rv1ce Ar e a affected by the Sewage Transmission, T r e ~t m n t a nd Di spo s a l Ag r eement r e tween the Ci ty and County of Denve r and t he C1 y of I:ng l ~? .... 'ood, Colo r ado con sists of the foll o "'•i ng l o cat icn s: S. Og d e n St S . OO'W lltng S E. Yale Av e c. Yale I laC"e S . Cl a r kson S 2 700 270 1 2710 2 7 27 2730 27ll 2740 2741 27 .j 5 2750 275> 27~0 217 2780 2i90 279l 2>.01 2R 3-1 7 __ 19 UnltS 2701 2715 2737 27 4 5 ?75'i 27 9 9 6 UOltS (2 u m ts) S . .e mers on St S . Log an St 2700 2701 2715 2720 2727 2730 2740 2747 2750 2735 2770 2771 2780 2798 2 828 15 uni ts 2700 2702 2 un its s. e nnsylvania St 2701 (2 units ) 2725 3 unit s 4GO S . Pearl 5 t 600 2701 2711 2720 r.o8 65(-660 (2 .mi ts) 1 100 272 1 (2 uni ts) 273 0 1 1'0 1130 8 uni ts (~4 __ ill__ __ 2~ 2700 27 1 2707 2711 2718 2738 '744 2750 2751 2775 2785 200 1 (J uni t s) ]4 UOJ.t!:i 2731 27 3 6 2741 2751 2756 2761 2766 2770 2771 15 u n its S . Ha s h ing ton St 27 09 2710 2719 2720 2729 2730 2739 2740 2750 275 9 2760 2770 2779 27~0 2799 15 units • • I , J· I • • • • • ADDEI'uU'1 ll The Connec t ion Po1nt s at ~h 1 ch waste water from the Eng lewood service area enters the O(.nve r system a r e: a . Na.1.n l.1ne f lo· ... ·1ng n o rth from ~nt.QrsectJ.on of East Yule Aven ue anJ the alley s epara tl.ng properties on Sou th Lo gan St from Sou th Pennsysvuni a St. b. M.:anhole in south s~dc of Ea st Yale Ave at South Pearl St. c . r·1an ho le 10 sout.h s1de o f Ea st Yale Av e 60 feet west of lnt.cr ;;,cCtl.On Wl.th South Washington S t. d. M.1nholc in Lust. 'lu le Ave , 1 0 feet .,.,•est of the l.Hlc t s~c t i on ... l t h So u t.h Clarkson St. • I • - / ' I I ·~.· ... .. . I " ~ l ,. 1 ' '·· ( ... ;. .- '· .:t i ·· : '._,. '•. .....__ __ • s (1 ,._,, '/ T "' , ..... . -: ' ' I • • • r ~ • 1 ... -.. -. I ;_ . .) ;;-',(' .: --. -. ~t ·. ~ . I -~ ~· 0 ~·- a:- :, .. 8 J. ., -~ I ~ ·I I I . . ,.l 1 • l , • ', ... ~"10 1'-! -•.••. "" .......... J •'\," ADDENDUM C Map of Ser11ice Area • .. . . •l . l " L· . ., .. -, .... '·4!· I' •• ·4 ~ ~--~~;<. ·:~f ) _,{ .. ..., . ·'-·~~-· ~::~ ·.· ··*:r •J -~ • ... • -~· ::··."d ,: .... ; "-~""'; . ~. :::·:·,~;.~ .:~i·.;..; ... ~:4< .: . z:: .... ~~ ·:, -~., ' ·. \. . .;~\j;~· , • ~.f ........... . . ;:" .. . !}...". • ... .. ~-.. ~1 ~-: . . ... -: p. r , :·, 'r . ·, •I ..O..J .. ,. . i '- . .. .; . , ......... ~-. • r I • • ORDINANCE NO . 1/ SERIES OF 1979 BY AUTHORITY • • • COUNCIL BILL NO . 5 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE APPR OVI G AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO , THE URB AN DRAINAGE AND FLOOD CONTROL DISTRICT , AND THE CITY OF GREENWOOD VILLAGE , COLORADO, REGARDING A FEASIBILITY STUDY , FINAL DESI GN , AND RIG HT-OF-WAY ACQUISITION FOR IMP ROVEMENTS ON LITTLE DRY CREEK TO REDUCE POSSIBLE FLOODING WITHIN CERTAIN AREAS IN THE CITY OF ENGLEWOOD. WHEREAS, it is necessary for the health , safety and welfare of the citizens o f the City of Engl e wood to imp l e ment improvements o n Littl e Dry Creek to reduce poss i b le flooding of certain portions of the City of En g l e wood; and ( WHEREAS, the Urban Drainag e a nd Flood Control District • has expressed a desire to assist public bodies to r ed uce flood damag e ; and WHEREAS, the City of Greenwood Village is interested in participating in the feasibility study . NOW , THEREFORE , BE IT ORDAI NED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO , as foll o ws : Se ction 1. That the City of Englewood , Colorado , shall e nte r into a contract with the Urban Drainage and Flood Control District and the City of Greenwood Village , Colorado, a ccording to the provisions of a certain written instrument captioned "Agreement Regarding Feasibility Study, Final Design, and Ri g ht o f Way Ac quisition for Improvements on Little Dry Cr ee k , Agree me n t No. 79-1.2" which is attached hereto, consisting of seven typ e wr itte n pages , and is incorporated here in by referenc e . Said agr eement generally provides as fo llows: 1) A feasibi lity study shall b e conducted on Gre enwood Gulch upstream from Belleview Ave . A final design will be pre - pared for a portion of Little Dry Creek in Englewood from South Platte River upstream to South Santa Fe Drive and calls for the acquisition of right-of-way from South Platte River upstream to South Santa Fe Drive . • I • - • • • • • 2) The project costs shall be limited to a total of $381,000, which shall be allocated as follows: a) Feasibility study -total cost $12,000; District shall pay SO%, Englewood shall pay 45%, Greenwood Village shall pay 5%. b) Final design engineering -total cost $69,000; District shall pay SO%, Englewood shall pay SO %. c) Ri g ht-of -way acquisition -Total cost $300,000; District shall pay 50%, En g l e wood shall pay SO %. Authorization for work or right-of-way acquisition will not be given if the cost to any party to this agre e ment is grea t e r than the above amounts unless app roval from the a ffected party is obtained. 3) Within sixty days of the execution of this agreement, Englewood shall make payment to the Di s trict for the feasibility study and final design engineering which shal l be held by District in special fund and periodic accounting sha ll be made to the City of Englewood. 4) Englewood shall be responsible for acquiring, subject to approval of a district, such lands or interest in lands as called for in the final design for channel improvements between South Platte River and Santa Fe Drive. Section 2. That the City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said agreeme nt on behalf of the City Council of the City of Englewood, Colorado, and the Director of Finance, ex officio City Clerk-Treasurer shall attest the same. Introduc ed , read in full and passed on fi rst r e ading on the ~day of F e bruary, 1979. -2- • I • • - • • • • • • Published as a Bill for an Ordinance on the 7th day of February , 1979. day of Read by title and passed on final reading on the 20th February , 1979. Published by title as Ordinance No. 1979, on thec}/d day of a~ Attest: ex officio City Clerk-Treasurer II , Series of , 1979. Mayor I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No.~-' Series of 1979. ex officio City Clerk-Treasurer -3- • I • • • ·r·· ~~~· -:~ >: '; ~ ? I .I' ~-)~; . . ~ .... . · __ ;:',. ·· .. .,. • • • AGREEMENT REGARDING A FEASIBILITY STUDY, FINAL DES IG :l, ArlO RIGHT-OF-WAY ACQUISITION FOR H!PROV£MEI4TS ON UTILE DRY CREEK Agreel:'ent r:o. 79-1.2 TH IS AGRE£11WT, m.>de t his ____ __;day of _______ , 1979, by and between the URDA1l DRAINAGE AIID fLOOD COf/TRO L DISTRI CT (hereinafter eilled "DI~TRICT "); the CITY OF [II C.l(~OOD (he ··cina ft er ca11ed "ENGL EWOOD "); and the CITY OF GREENwO OD VILLAGE (here i nafte r •:a11 ed "CR EEriWOOO"); WI Tfi£SS £T II: .:II(R(AS, DISTRICT , in a pulicy notorocnt prev i ously adopted (R esol ution ;~o. 14 , Series of 19 70), c1p r l's ~ea an in t en t to a~sist publi c bodi es which have heretofore ena(led flood plain zoni ng rr.c!asu res; and WHE REAS, r.REUIWOO O and ErrGLEWOOO hav e ado pt~d fl ood plain regulations for little Dry Creek; and WHEREAS, EllGUWOOD, C.RE £11!'1000 Vi . la ~c, Cherry Iii 1 h Vi 11age, ~rapahoe County, and Douglas County coo~er ated in the prepo r.H i on of a drainage master phn for Li ttle Dry Creek ent it led, "tldj or Dro i na gc way Plannin g, Little Dry Creek" by 'lcCa11-Ulingson & f1o rri11, Inc ., con sul t 1ng engineers, dated Fe bruary, 1974 i n whi ch conceptual plans f o r dra i nage in~provenent s through E'ICLE !:~CD , rehobi 1 i- ta~ion of Engle..ood Dam , and const ruc tion of f ive addit i onal detention facilities i ncl udi ng two iden t ified as Berry and Pren ti c~ Dams , we re set f orth there in; and f.~ER EAS , GR(Lr;wooo has requ ested that t he DISTRIC T inve st i 9ate the fcasi- ui l ity of reloc ating the proposed De rry and rrentice ~e tent i on Dams to a single site r...pst reill"' o f Be ll eview Road thllt Gll(UI\:000 is interested in developinQ a s a park; Jnd !:II LRLAS, 1f the sin g le site is f c.s ible , GREErrr:oon has exp ressed an interest i n participating wi th DI STRICT .nd EfiGL£!~00 0 in the acquisition of the lands ne eded for the da m ond flood r•ool , prov1dcd GPLG .. :OOO cou ld ut i l i ze t he area for pi) rL: purpo :c'i ; c1n0 • • II li jj I I • • 0 • • • WHER EAS, ENGLEWOOD has requested that ENGLEWOOD and the DISTRICT jointly participate in the following activities : A. Conduct a feasibility study of an alternative detention site to the Berry and Prentice Dams currently set forth in the Little Dry Creek Master Plan; B. Prepare final design for channel improvements on Little Dry Creek from the South Platte River upstream to Santa Fe Drive; and C. Acquire the right-of-way necessary for channel improvements on little Dry Creelt from the South Platte Ri ver to Santa Fe Drive . WHE REAS , DISTRIC T has adopted a a public hear i ng, a Five-Year Capital 1 m pr ov ~111e nt Pr ogram (Resolu t ion No. 56, Series of 1978) for drainage and flood control fae>l 1ties in which i 111provements on Li ttle Dry Creek were incl uded in t he 1979 Ca lendar Yea r; and WHEREAS , DISTR ICT has here tofore adopted a Speci al Revenue Fu nd Budget for Calendar Year 1979 subs equent to publ i c hearing (Resolution No. 42, Series of 1978) which includes funds for improv em ents on Little Dry Creek; and WHEREAS, DISTRICT Board has autho rized DISTRICT financial participation for a feasibility study for a pr oposl!d de tention facility on Greenwood Gulch, final des ign of channel i mprovements from the South Platte River upstream to Santa Fe Drive, and acquisition of ri gh t-of-way necessary for channel improve- ments from the South Platte River to Santa Fe Drive (Resolution No. 61, Series of 1978); NOW, THEREFORE, in considerat ion of the mutual promises contained herein, the Parties agree as follows : 1 . SCOPE OF AGR([i·:EU T This Agreemen t defines t he res ponsibili ties and f i nancial commit- ments of E!IGLE\·:OO D, GREEilHOOD and DIS TRI CT with respect to a feasibility study of loca t ing a detention facility on Greenwood Gulch upstream of Belleview Road in GRE[I,,·:OOO V1ll age, a nd f ina l desig n of cha nnel im provements and acquisi- tion of r igh t -of-wJy on Little Dry Cre ek wi t hi n (l:G LE\-IOOD from the South Platte Rive r u~s tre om to Santa Fe Drive a s defi ne d he r ei n . 2. ~C O PE o~nOJ ECT 2.1 fs~i_b_iE~Y. S~-~he f ea sib i l i ty study wi ll consist of an analysis of the fea sibility of locat ing a de t ent i on .~----~--~--------------• I • • ( • j I, t: ' ' .. ·:I : ~ • • • fac1lit,y on Greenwood Gulch upstre&m of Belleview Hold in ~EENWOOD. Such faclli ty would replace the two detention hcilities defined in the report "Major Drai111gew~ Planning, little Dry Creek" dated February, 1.974 by McCall-Elling~ • MorrOl (hereinafter r e ferred to as PLAN) a Berry and Prentice OliiiS. The feasibilit,y stuey would consider VIMOus eorbank~~ent confi~urations, spillway locations, cosu, sub- surface analysis, and other analyses needed to detenai ne feasibility. 2 .2 Final Design. Final design will be prepared for the portion of Little Dry Creek in ENGLEWOOD from the South Platte River upst ream to Santi Fe Drive. The final design will be based on the preliminary design set forth in PlAN . It is understood that the PLAf~ is conceptual in nature and subject to change in final design. 2.3 Acqu i sit ion of Righ t-of-Wa y . 2 .31 Right-of-way neeoed for channel improve~~ents from South Platte River upstream to Santi Fe Drive, defined as Station O+DD to approximately Station 10+50 in PlAN, will be acquired. The right-of-way acquisition will be in accordance with approved ··hns and specifications and right-of-way maps to be prepared for ENGlEWOOD and DISTRICT pursuant to Section 2.2 above. 3. PUBLIC NECESSI TV EIIGLEWOOD, GR[(N HOOD, and DISTRICT agree that the work perforned pursuant to this Agree1111!nt is necessary for the health, safety, comfort, convenience, and welfare of all people of the State, and is of particular benefit to the inhabitants of the DISTRICT and the property therein. 4. FLOOD PLAIN REG ULAT IOfiS EfiGlEWOOO agrees that flood plain regulations or ordinances are in eifect on Little Dry Creek within E:lr.tE !/nnD. 5. PROJECT COSTS E!IGLEWOOO, GRHt i\o/000, and DISTRICT agree that f or the purposes of this Agree ll'ent , project costs shall co nsist of and be l i mited to the following for t he portions of the project as defined in Section 2 of this Agreement: a) De tention da m f ea sibility study . b) fin•l desio,n ,,nd ,·cl u lcd s e r vic es . • I • • - ( • 0 • • • • c) Cost of right-of-way easements or fee simple acquisit ions and costs of preparation of right-of-way surveys and descriptions, bllt not Including legal costs, appraisal fees, or adlolnistra- tive costs. It is understood that project costs as defined above are estiuted to not exceed $381,000. Project costs for the various elements of the effort are estimated as follows: A. Item Feaslbil ity study 8 . Final design engineering c. 0. 1) Final design b4sic services Z) Fi nal design special services 3) Contingency (15: of 1 and 2) Total Final Oesign Engineering Right-of-Way Total Project Cost 6. ALLOCATION AND PAYMENT Of" EST IMAT£0 COSTS $ 12,000 33,000 27,000 g,ooo $ 6g,ooo 300,000 $381,000 The Parties agree that project costs shall be shared on the follow- ing basis : a) Feasibility Study (Total Cost) -12,000 DISTRICT -50% 6,000 ENGLEWOOD -45~ 5,~00 GREE NWOO D • 5: 600 b) Final Oes i gn Engineering (Total Cost) -69,000 DISTRICT • 50S 34,500 EIIGLEWOOO • 50 % 34,500 c) Righ t-of-Way Acq uisiti on (Total Cost) -300,000 DISTRICT -50S 150,000 ENGLEWOOD • 50S 150,000 DISTRICT, GR£ENWOOO , and ENGLEWOOD are each commi tted to their share of project costs as set forth a!Jove . Authorization for work or r i ght-of-way acqui sition will not be given if the costs to any Party to this Agreeme nt is greater than the obove omounts, un le s s opproval from the a ff ec ted Party i s obtained. The o bove costs are esti mates; a final tabulotion of oc tual projec t costs will be • I • - 0 • • .. , .. j ·I ., I ; • • • made at the completion of each phase (feasilil1ty study, final design, and ROW acquisition) of the project, and costs to DISTRICT, ENGLEWOOD and GREENWOOD will vary accordingly . Within 60 days of the execution lf this agreement, DISTRICT, GRUM- WOOD, and ENGLEWOOD shall each make payme ·1t to DISTRICT for their respective share of phases (a) and (b) as defined abo•·e (Feasibility Study and Final Design Engineering). The payments by DIST I!ICT, GREENWOOD, and ENGLEWOOD shall be held by DISTRICT in a special fun:! to pay for the feasibility Study and Final Design Eng i neering phases of the project. DISTRICT will provide a periodic accounting of project funds, as •ell IS a periodic notification to EIIGLEWDOD and GREENWOOD of any unpaid obl i gat i ons. Any interest earned by the monies contr ibuted by DISTRICT, ENGLE '00D, and GREENWOOD shall be accrued to the special fund established by DISTRICT for this project, and such interest s hall be used only fer th is project. In the event that upon completion of phase (a) or phase (b) of the project, monies including interest earned, remain which are not conrnitted, obligated, or disbursed, each Party shall receive a share of such monies, wh i ch shares shall be computed in propo rti on to the original shares IS set forth above. Payment of monies for right-of-way acquisition is defined in Section 9, RIGHT-OF-WAY ACQ UISITION. In the event that additional funds are needed to complete the Fe>sibility Study and /o r Fi nal Design Engineering, the approximate shares of such 1lddi tional costs ~hall be compu ted o n the same basis as the odgin•l shares, unless another cost-sharing formula is ag reed to by the affected Parties. Such additional funds shall be co ~m~itt e d by the affected Parties prior to the maki ng of any co rm1i t noen ts beyond the estimates set forth above. 7. F£AS!B !LITY STUDY Upon execu tion of this Agreem•n t , DISTRICT, £11GLEIIOOD, and GREEN- ~00 0 shal l sel ect an engineer qua l ified and experienced in earthen dam design 11'utu a lly agreeable to all Parties. DISTRICT shall contract with selected enginee r and shdll supervise a nd coo r d i nate the Feas ibili ty Study. The Feasi b ility Study shall be coord inated wi th GR£EU:·IOOD with regard to GREEN- i>OO D's i nterests i n utilization of the flood poo l area as a park . • I • • • • • 8. fiNAL DESIGN ENGINEERING Upon exe~ution of this Agreement, DISTRICT and ENGLEWOOD shell sele~t 1 qualified engineering ~nsulUnt mutually agreeable to both Parties. DISTRICT shall contrttt with sele~ted engineer and shall S&41el"ViSI And c:D- ordinlte the final design. 9. RIGHT-OF-WAY ACQUISITION £NGLEWOOD shall be responsible for •~quiring, subject to approval of DISTRICT, su~ land or interest in 14nd u called for in the fin~l design for ~hlnnel im;>rovements between the South Platte River and S4nte Fe Drive. 9.1 COordination . ENGLEWOOD shall obtain approval of DISTRICT prior to acquisition of properties acquired pursuant to this Agreement. Requests for s~h approval shill include fo,...l appraisals of the property, legal descriptions of the prop.. crty, and other inforJOation deened appropriate to the acquisition. 9.Z Payncnt for Riqht·of-Way. Following pu~hase of property or re~ei pt of exe~utcd menorandum of agreeawnt between £Ni>LEWOOO and property owner ~llllitting property owner to sell property to WGLEWOOD at a price certain and on a date certain, ENGLEWOOD sha 11 so advise DIS TRI CT and request pay~~ent of DISTRICT share. OISTRJ ~T shall re11it to ENC'>LEWOOO within 60 days the DISTRICT's sha e (so:) of the purch.se price with such p~ynent not uceed ng the e stima ted costs u set forth in Section 6 of th is J\g ·eement w1~out pr1o r •pprov•l of tile Oistri~t. In no event w1l1 the DIST RICT be obl igHed to ...-it DISTRICT share 30 ~s pnor to tne closing date of the property tr~nsaction from the ow ner to EIIGI.(l/000. 9.3 Ownership of Property and Limitat•on of Usc. £NGLEWOOO shall own the property acqut red pursuant to thh A9ree~~ent and shill be responsible for maintenan~e of sa... It ts specifically understood that the r igh t-of·>~ay is being acqui n:d for flood control purposes. If 1t is necessary to acquire any buildings, the occupants thereof s hall vacate the pren•ises within 90 days followin g the date of purchase . ENCH \1000 may sell the buildings to other public or private parties, provided the ·buildings wou~d be reooved from the pr~per ty wi thfn six 1110nths of date of nle. • 1: :::- I • - T·· . j '-<I ~:. t~ ( ~ . : . ' . I I' r ,, . •,I .. 1 t\ j ' J I I i I • ~: i . \ ; . , '/ l·.,·j ': .~! l,.,. ~-~ r' ... ~ ,:; .. ;:, fl f~1 ~~r ~-:. '·1 ~ri ...... ,~ .. ~ ~ ~~·:rJ : ;·.:~ r~ ~ '<~· ·~~; 1: •• .:···1 r ;.~~· .. ~. f. ~! -. ~ . I • c • • • • The pro pe rtie• acqu i re<· s uant to t.his ag~-.,t ·~~11 not be used for •FlY purpose t h 11 11 diminhh or p~clud~ its use for flood control pur po>r . If •FlY buildings or r•ropertits are s old to other part i e s . ENGLEWOOD shall r e> It to DISTRICT so : of •uch sale price w 1 u oi n 60 days of dat •· o f sale. WHEREFORE, t •.e Parties hereto ha ve •:aused this 1nstr•om •:nt to be P>ecuted by properly authoriz ed signatories as of , •e date and year aoove written • (SEAL) ATTEST : (SEAL) ATTEST: (SEAL) ATTEST : ·IE URBAN DP/d N ~GE AND .000 CONTR vl DISTRICT uy·------------------------- Tit le ____________________ _ -~·----------------------- CITY OF ENGUWOOD By _____________________ ___ Tit 1 e. __________________ _ Dau, ____________________ ___ CITY OF GRWIWOOO VIUAGE ~---------------------- Tit 1 e. _________________ __ Du te ___________________ _ '-::I , 'I . .---·· __ .._...._, --·- • D I • ( • ( • ORDINANCE NO. II SERIES OF 197~9~.---- BY AUTHORITY • • • COUNCIL BILL NO . 5 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE APPR OV I NG AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO , THE URB AN DRAINAGE AND FLO OD CONTROL DISTRICT, AND THE CITY OF GREENWOOD VILLAGE , COLORADO, REGARDING A FEASIBILITY STUDY, FINAL DESIGN, AND RIGH~OF-WAY ACQUISITION FOR IMPROVEMENTS ON LITTLE DRY CREEK TO REDUCE POSSIBLE FLOODING WITHIN CERTAIN AREAS IN THE CITY OF ENGLEWOOD. WHEREAS, it is n e cessary fo r the h ea lth, safety and welfare of the citizens o f the City of Engl ewood to implement improvements on Little Dry Creek to reduce possible f looding of certain portions of the City of En g l e wood; and WHEREAS, the Urban Drainage and Flood Control District has expressed a desire to assist public bodies to r e duce flood damage; and WHEREAS, th e City of Gr ee nw ood Villag e is inte r es t ed in participating in the feasibility stud y. NOW, THEREFORE, BE IT ORDA INED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as fol lows : Section 1 . That the City of En g lewood, Colo rado , shall e nte r into a contract with the Urban Drainage and Flood Control District and the City of Gree nwood Village , Colorado, acc ording to the provisions of a c e rtain writte n instrument captioned "A greeme nt Regarding Feasibility Study , Final De sign , a nd Right of Way Acq u isition for Improvements on Litt l e Dry Creek , Agreement No. 79-1.2" which is attached h e r e t~ cons isting of s eve n t ypewritten pages , and is incorporated herein by referenc e . S a id agreement generally provides as follows: 1) A feasibility s tudy shall b e c onducte d on Gr ee nwood Gulch upstream from Belleview Ave . A fin a l design will be pre- pared for a portion of Little Dry Cree k in Englewood from South Platte River upstream to South Santa F e Drive a nd calls for the acquisition of right-of-way fr om South Platte Rive r u p stream to South Santa Fe Drive . • I • • ( ( ( • • • • 2) The project costs shall be limited to a total of $381,000, wh ich shall be allocated as follows: a) Feasibility study -total cost $12,000; District shall pay 50 %, Englewood shall pay 45 %, Greenwood Village shall pay 5 %. b) Final design engineering -total cost $69,000; District shall p ay 50%, Englewood shall pay 50%. c) Right-of -way acquisition -Total cost $300,000; District shall pay 50%, En g l ew ood shall pay 50%. Authorization for work or right-of-way acquisition will not be given if the cost to any party to this agre e ment is greater than the above amounts unless approval from the affected party is obtained. 3) Within sixty days of the execution of this agreement, Englewood shall make payment to the District for the feasibility study and final design engineering whi ch s hall be held by District in special fund and periodic accountin g shall be made to the City of Englewood. 4) Englewood shall be r e sponsible for acquiring, subj ect to approval of a district, such lands or interest in lands as called for in the fina l design for channel improvements between South Platte Rive r and Santa Fe rive. Section 2. That the City Council of the Ci ty of Englewood, Colorado , hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said agreement on b e half of the City Council of the City of Englewood, Colorado, a nd the Director of Finance, ex officio City Clerk-Treasurer shall attest the same. Introduced, read in full and passed on first reading on the ~day of February , 1979. -2- • D I • • - • ( • • • • Published as a Bill for-an Ordinance on the 7th day of February , 1979 . day of Read by title and passed on final reading on the 20th February , 1979. Published by title J:;;;~nce No. // , Series of 19 7 9 , o n the JJot, day of 0 ==-.~ , 19 7 9. Mayor Attest : ex officio City Clerk-Treasurer I , William D. James , do hereby certify that the above and foregoi n g is a true, accurate and complete copy of the Ordinance passed on final reading and published by title as Ordinance No.~-' Series of 19 7 9. ex officio City Clerk-Treasurer -3- • I • ., • I l • • • AGRE EM ENT REGARD IN G A FEASIBILITY STUDY, FINAL DESI G:I , MD RIGHT-OF -WAY AC QUISITION FOR If!PRDVEMEUTS ON UTILE DRY CREEK Agreel!'ent 1:0 . 79 -1.2 THIS AG REEr!EIIT , mad e this ______ d~ of ________ , 1979, by and between the UROM DRA I NAGE Ar iD FLOOD COflTROl DIS TR ICT (hereinafter called "DISTRICT "); the CITY OF Er lr.LE WOD D (he •·eina ft er called "ENGL EWODD "); and the CITY OF GREEN~OOD VILLAGE (hereinafter •:alled "C RHIIWOOD "); WI TfiESSETII: :!IIEREAS , DI STRICT, in a policy stateme nt previously adopted (R esolution !l o , 14, Series of 1 ~70), e>pres s ed an i nt en t to a>s i st p ub lic bodies which have heretofore enacted fl ood p lain zoning ~"a sures; and lfiEREAS, GREENW OOD and ErrGLEWO(lD have ad opted flood plain regulations for little Dry Creek; and WHEREAS, WGUWOOD, r.P.H ri:-IOD D Vi . l a ~e , Cher ry II i lis Vi 11 age, ~rapahoe County, and Douglas County cooperated in the prePJ r.ltion of a drainage mas ter pl•n for little Dry Creek entitled, "l la,ior Dra i na ge way Planning , little Dry Creek " by ~lcCall-Ell i ngson & llo rrill, Inc., con sulti ng engineers, dated February, 1974 i n which conceptual plans for dra i nage in~proverren ts through E'IC LE !:~CD, re habil i- taUon of Englewood Da m, and const ruct ion of five additional detent i on facilit ie s i ncl udi ng two iden t ified as Be rry and P ren t ic~ Dams . were se t forth therein ; and I!H EREAS , GREG!W DDD hos requested that t he DIS TP.ICT invest i 9ate the f e as i - b i l ity of relocating the proposed Ger ry and rren t i ce ~etention Dams to a s i ngle s ite c pst re JM of Be ll e view Roa d that GREUI'·:DOD i s i nteres ted i n developinQ as a park t Jnd !:II[R £AS, 1f t he s ingle s i te is f e asibl e, G R E Ef/1~0 00 has exprtsse d an i n tere st i n participating with DIST RICT und [IIGLE !IOO O in the acq uis i tion of the l an ds ne e ded fur the da m an d flnod f•OOl, p,·ovided GR l Er!.IOOO co uld util i ze the area for • • I • • - « • • • • WHEREAS, ENGLEWOOD has requested that ENGLEWOOD and the DISTRICT jointly participate in the following activities : A. Conduct a feasibility study of an alternative detention site to the Berry and Prentice Dams currently set forth in the Little Dry Creek Master Plan; B. Prepare final design for channel improvements on Little Dry Creek from the South Platte River upstream to Santa Fe Drive; and C. Acquire the right-of-way necessary for channel improvements on Little Dry Creek from tne South Platte River to Santa Fe Drive. IJH[R[AS , DI STRIC T has adopted H a public hearing, a Five-Year Capital Jmprov~:~ncnt Pr og ro111 (Resolution No . 56, Series of 1978) for drainage and flood control facll 1ties in which improvements on Little Dry Creek were i ncl uded in the 1979 Calendar Year; and WHEREA S, DISTRICT has heretofore adopted a Special Revenue Fund Bud~et for Calendar Year 1g79 subsequent to public hearing (Resolution No. 42, Series of 1978) which includes funds for improvements on Little Dry Creek; and WHEREAS, DISTRICT Soard has authori zed DISTRICT financial participation for a feasibility study for a proposed detention facility on Green .. ood Gulch, final design of channel improvements from the South Platte River upstream to Santa Fe Drive, and acquisition of right-of-way necessary for channel improve- ments from the South Platte River to Santa Fe Drive (Resolution No. 61, Series of 1978); NOW, THEREFORE, in considerat ion of the mutua 1 promises contained herein, the Porties agree as follo"s: 1. SCOPE OF AGREE I·:WT This Ayrecment defi nes the responsibilities and financ i al corrmit- me nts of [IIGLE I·:OOD, GREEIUIOOD and DISTRICT with r espec t to a feasib i lity study of locat i ng a detention facil ity on Greenwood Gulch upstream of Bellev i ew Road in GR[Et~·!O OD Village, and final design of channel i m;>rovemen ts and acquisi- tion of right-o f-way on Li ttle Dry Crtek wi t hin [;,GLEIIOOD from the South Platte River u~strNm to Santa Fe Dr i ve as define d he rein. 2.1 Fe.>si_b_i.!_i.ty_ Study . 7he fe a sibil i ty study will consist of an analysis of the feasi bili ty of locating a dete ntion • f I, ,. I • ~. ,,_. :-~· j t, li ~ ' .. : I :·.J . ··. • • • • facl11t,y on Greenwood Gulch upstream of Belleview Road In GREENWOOD . Such flc111 t,y would replace the two detention facilities defined in the report "Hajor Ora1n~gew~ Planning, little Dry Cl'ftk" dated February, 1974 by McCI11-Ell1ng5011 & Morrill (hereinafter referred tD IS PLAN) as Berry and Prentice Dims . The feasibility stuqy would consider VIMOUS eroankment confi?urat ions , spillway locations, cosu, sub- surface analysis, and other analyses needed tD dete,.,ine feasibility, Z.Z Final Design. Final design will be preptred for the portion of little Dry Creek in ENGLEWOOD from the South Platte River up stream to Santo Fe Drive . The final design will be based on the preliminary design set forth in PLAN . It is understood that the PLAN is conceptual i n nature and subject to change in final design. 2.3 Acq ui sit ion of Right-of-Way. Z, 31 Right-o f-way needed for channe 1 improvements from South Platte River upstream tD Santi Fe Drive, defined as Station ()+DO tD approximately Station 10+50 in PLAN, will be acquired. The r ight-of-way acquisition will be in accordance with approved plans and specifications and ri ght-of-w~ maps to be prepared for ENGLEWOOD and DISTRICT p ursuant to Sec t ion 2.2 above. 3. PUBLIC NECESS ITY EtiGLEWOOD, GRUN HOOD, and DISTRICT agree that the work perforned pursuant to this Agre ement is necessary for t he health , safety, comfort, convenience, and welfare of all people of the State, and is of particular benefit to the i nhab itants of the DISTRIC T and the proper t,y therein. 4. FLOOD PLAIN REG UL ATIOIIS EtiCLEWOOD agrees that flood plain regulations or ordi nances are in el fee t on Little Dry Creek within (:jro(.E\JMD . 5. PROJECT COST S E!ICLEWOOO, GR[[I J\-1 000 , and DISTRICT agree that for the purposes of this Agre e' ent , project costs shall consis t of and be l i mite d to the following for the portions of the pro ject as defined in Section Z of this Ag reement : a) Detenti on da nt feasibility study. b ) rindl rlesi~n ""d rel u ted services . ·--~~~----~--~---- I • • • • • c) Cost of right-of-way easements or fee simple acquisitions and costs of preparation of right-of-way surveys and descriptions, but not including legal costs, appraisal fees, or administra- tive costs. It 1s understood that project costs as defined above are estiuted w not exceed $381,000. Project costs for the various elements of the effort are estimoted as follows: .!.!£!!! A. Feasibility study 8 . Final design engineering c. 0. 1) Final design basic serv>ces 2) Final design special services 3) Contingency (15: of 1 and 2) Tot.tl Final Design Engineering Right-of-Way Total Project Cost 6. ALLOCATION ANO PAYMENT OJ' EST !MATEO COSTS s 12,000 33,000 27,000 9,000 s 6g,ooo 300,000 $381,000 ing basis: The Parties agree that Pt'Oject costs shall be shared on the follow- a) feasibility Study (Total Cost) -s 12,000 DISTRICT -50% 6,000 ENGLEWOOD -45% 5,400 GREENWOOD -s: 600 b) Final Design Engineering (Total Cost) -69,000 DISTRICT -sox 34,500 WGLEWOOO -so : 34.500 c) Right·of-Way Acquisition (Total Cost) -300,000 DISTRICT -sox 150,000 ENGLEWOOD -50% 150,000 DISTRICT, GREENWOOD , and ENGLEWOOD are each committed to their share of project costs as set forth aoove . Authorization for work or r i ght-of-way acquisition will not be given if the costs to any Pa rty to this Agre eme nt is greater than the obove omounts , unless app roval from t he a ffected Party i s obtai ned. The o bove co sts are estHMtes; a f ina l t a bulULi on of Jctual project costs wi ll be I • • - ;,.· .. I j I .! . • • • • made it the completion of each phase (feasbillty study, final design, and ROW acquisition) of the project, and costs to DISTRICT, ENGI.EliOOD and GREENWOOD will vary accordingly . Within 60 days of the execution )f thfs agreement, DISTRICT, GRE£11- WDOD, and ENGLEWOOD shall each make payme1t to DISTRICT for thefr respective share of phases (a) and (b) as defined abo•·e (Feasibility Study and FINl Design Engineering). The payments by DIST I!ICT, GREENWOOD. and DlGLEWDOO shall be held by DISTRICT in a special fu1:t to pay for the Fusibilf~ Study and Final Design Engineering phases of the project. DISTRICT will provide a periodic accounting of project funds, a~ ~ell as a periodic notification to WGLEWOOO and GREENWOOD of any unpaid obligations. Any interest earned by the monies contr ib uted by DISTRICT, ENGLE IODD, and GREENWOOD shall be accrued to the special fund established by DISTRICT for this project, and such interest shall be used only for this project. In the event that upon completion of phase (a) or phase (b) of the project, monies including interest earned, rema i n which are not c.orrrnitted. obligated, or disbursed, each Party shall rece ive a share of such monies, which shares shall be computed in proportion to the or igi nal shares as set forth above. Payment of monies for right-of-way acquisition 1s defined in Section 9, RIGHT-OF-1/AY ACQUISITION. In the event that ~dditional funds are needed to complete the Fcosibility Study and /or Final Design Engineering, the approx im.l te shares of such ~dditional costs shall be computed on the same basis as the original shares, unless another cost-sharing f ormu la i s agreed to by the affected Parties. Such additional funds shall be co ~m~itted by the affected Parties prior to the m~king of any co11111it"'cnts beyond the cst ir.1ates set forth above. 7. FEASIBILITY STUDY Upon execution of this Agrec,cnt, DISTRICT, EfiGLEI/000, and GREEN- IiDOO shall select an engineer qualified and experienced in e arthen dam design mutually a greeable to all Parties. DISTRICT shall contract with selected engineer and shall s upervise and coordinate the Feas ibili ty Study. The Feasibility Study sha ll be coordinated wi th GREErr,·IODD with regard to GREEN- I>DDO's interests in utilization of the flood poo l area as a park. • I • - • 1 I I '• I ;;, ·. - .l • • • • • • 8. fiNAL DESIGN ENGINEERINr. Upon execution of th1s Agreement, DISTRICT and fNGl£1100D shall select 1 qualified engineering consultant ... tually agreelble to both Partiu • DISTRICT shill contract with selected engineer and shill S&C~ervi5e 111d co- ordinat. the fin.l duign . 9. RIGHT-Of-WAY ACQUI SITION UGI.EOOOD shall be responsible for acquiring, subject to ~proval of DISTRICT, such land or intereu in lind as called for 1n the final design for chlnnel illi>rovemenu between the South Platte River and Santa fe Drive. 9.1 Coordination. ENGLEWOOD shill obtain approval of DISTRICT prior to acquisition of properties acquired PUr5uant to thi5 Agreement. Requesu for such approval shill include for~~~l appraisals of the properzy, le94l descriptions of the prop. crty, and other infor100tion deemed appropriate to the acquisition. 9 .2 Payment for ~i qht-of-W a y. fo ll owing purchase of properzy or receipt of executed mciiXlrandum of agreement between ENC"-EWOOD ~nd properzy owner com i tt i ng proper!,)! owner to sell properzy to WGI.EioOOD at a price certain and on a date urtain, LNGI.EWOOO shill so advi s e DISTRI CT and reQuest payment of DISTRICT share . DlSTRI •:T shill remit to ENC>lEioODD within 60 days the DISTRICT's sha ~e (SO;) of the purchase price with such pay~n t not uceed ng the estima ted cosu as set forth in Se t i on 6 of this llg ·eement wi thout prior approval of the Di strict. In no event will t he DISTRI CT be obligated to recit DIST RICT shire 30 days pr i or to the closing date of the properzy transaction from the ow••er to EIIG LEl /OOD. 9.3 Ownersh i p of Property and limitation of Use. ENGLEWOOD shall own the pro perzy acquired pursuant to this Agreement and shill be respons ib le f or maintenance of same. It Is specifically understood that the r ight-of-••ay is being acqul red for flood control purposes. If it is necessary to acquire any buildings, the occupants thereof s hall vacate t he preOli ses within 9 0 days following the date of purchase. ENCU 'O OD may sell the buildings to other public or priva te parties, provided the 'buildings would be reiiXlved from the pr~perey within s 1x ~nths of date of Ule • • . I I I I ... I • • - • • • • • • The prope rt i es acqu i r e• s uant to this og...,eonen t ·~•11 not be used for 11\Y purpose t h •Ill dlmfnlsh or prec l ude fts use for flood control purpo " . If •rtY bu ildings or r>ropertfes are so ld to other ~rt i e s . ENGlEWOOD shall r e' It to DISTRICT 50 ~ of >u ch sale price Wlllo i n 60 days of dat •· <•f ule. WHEIU:FORE, l '.e Part i es heret o h••• :aused thh fn str .. m·:nt to be f'>etuted by properly authoriz ed s f gnatorfes as of ".e date and year •oove wrftten. (SEAL) ATTEST : (SEAL) ATTEST: (SEAL) ATTEST : 1£ URBAN OP/d WIG£ AND .000 CONTR (J L OISTRICT ·Y----------------------.__ 11l l ·--------------------- ···----------------------- CITY OF ENGLEWOOD By ______________________ _ Ti t l •---------------------- Date ___________________ _ CITY OF GR££11W OOO VIU.AGE Tft l e. ____________________ _ D~t e. ____________________ _ '{ . ·-·--·· _.._....___. --.... _ • I • - • • • • • BY AUTHORITY ORDINANCE NO. SERIES OF 197"'""9 __ _ A BILL FOR 'I CO UNCIL BILL NO . 1 0 INTRODUCED BY -------- ~ AN ORDINANCE ANNEXING .910 ACRES, MO RE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, I NTO THE CI TY OF EN GLEW OO D, COLORAD O . WHEREAS, on Septe mbe r 11, 1 9 5 0 ce rta in p rope rty known as Kimble-Kroft was subdivided and port ions the r e o f dedi c ated to the City of Englewood for pub l ic use ; and WHEREAS, the City Council finds that not less than on e - sixth of the perimete r of the area proposed to be an n e x e d i s contiguous with the City of Englewood , Co l o r ado ; a nd WHEREAS, the City of Englewood is the sole o wner of t he parcel in question; a nd WHEREAS, t h e City Council finds that a community of interest exists b e twe e n the area proposed to be ann e x ed and the City of Englewood, an d t hat said area is urban and is i n teg r ated with or capable of b ein g integrated with the said City o f En glewood; and WHEREAS, th e Ci t y CouncLl finds that the p r opo s ed a nn exa - tion complies with a ll of the applicable p rovisions of the Colorado Municipal Annex ation Act of 1965 , as amend e d ; and WHEREAS, the Ci t y Council hereby sta t e s t ha t t he a re a proposed to be annexe d is no t so l ely a pub lic st reet o r r i ght-of - way but is property dedi c a ted to the City and c onside r e d a pa rt of the City of Engl e wo o d f or more than 28 yea r s a nd is i n ne ed of City traffic enforc ement . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU NCI L OF TH E CITY OF ENGLEWOOD, COLORADO, as fol l ows: Sectio n l. That the follow ing described parce l of la nd locate d in and being part of Arapahoe Coun ty , State o f Co l o r ado , i s e l i gible for annexation under the p r o v isions o f the Co l orado Muni c ipal Annexation Act of 1965, as amended, and the same i s h ereby anuexed pnd made a part of the City of Engl e wo o d , Col o r a d o: • I • n ( • • • • The South half of East Amherst Avenue fr om the landline on South Downing Street to the landline on South Franklin Street -- adjacent to Denver City Limits on the .North and East, containing 0.910 acres, more or less. Section 2. This Ordinance sha ll take effect thirty (30) days a fter publication following final passage. Introduced, read in ful l, and passed on first reading on the 20th day of F ebruary , 1979. Published as a Bill for an Ordinance on thed/d-day of February , 1979 . Mayor ATTEST ~ ex officio City Clerk-Treasurer I, William D. James, do hereby ce rt ify 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 20th day of February , 1979. ex officio City Clerk-Treasurer -2-I • • • "' ... • • • SO UTH FRANKLIN ST. DENVER CI T'!' LIMITS • I , • I • • • ( • • • - BY AUTHORITY ORDINANCE NO. SERIES OF 197~9-----CO UNCIL BILL NO. 11 ~~------ A BILL FOR AN ORDINANCE AMENDING TITLE V OF THE '69 ENGLEWOOD MUNICIPAL CODE RELATING TO MATERNITY LEAVES AND LEAVES OF ABSENCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Subsection (a), Section 12, Chapter 3, Title v, of the '69 E.M.C. is hereby amended to re a d as follows: Section 2. 5-3-12: REEMPLOYMENT (a) Any permanent employee in a classified position, while in good standing and upon recommendation of the appointing authority and approval by the Board, may for specific purposes be granted a leave of absence without pay for a period not to exceed two years. Immediately upon such grant, said employee shall be placed on a reemployment list for his or her classification. Me~e~"~~y ieeve w~~fte~~ ~ey shaii oe ~~e"~ed a~e" ~eqaes~, a"d sa~d e~~ieyee shaii oe re~a~"ed ~e he~ £e~e~ eiass~£~ea~~e" a~ ~fte eo"eias~o" o£ 8er meter"~~y ieeve, as ~rev~ded ~" See~~e" 5-4-%3-o£ ~h~s ~~~ie. That Subsection (a) of Section 7, Chapter 4, Title V, of the '69 E.M.c. is hereby amended by adding a subsection to be numbered 7(a) (4), Which subsection reads as follows: 5-4-7: SICK LEAVE; AUTHORIZED USE (a) Authorization for sick leave shall be granted only for the following reasons: • I • • Section 3. • • .. (1) Personal illness or injury not service connected, except as herein otherwise provided. (2) Medical appointments for the employee . (3) Illness of the employee 's spouse or children whi ch necessitates the employee 's absence from service. (4) TEMPORARY DISABILITY DUE TO MATERNITY. That Section 13, Chapter 4, Title V, of the '69 E.M.C. is hereby r epea led in its e ntir ety . ~.tntroduced, read in full, and passed on first reading on the~th day of February, 1979. Published as a Bill f or an Ordinance on the~ day of February, 1979. Mayor ATTEST: ex off~c~o c~ty Clerk-Trea surer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the ~btb day of February, 1979. ex officio City Clerk Treasurer -2- • I • ( ( • • • • 7 G BY AUTHORITY ORDINANCE NO. SERIES OF 197~9-----COUNCIL BILL NO. __ ~l~l __ __ INTRODUC~ A BILL FOR AN ORDINANCE AMENDING TITLE V OF THE '69 ENGLEWOOD MUNICIPAL CODE RELATING TO MATERNITY LEAVES AND LEAVES OF ABSENCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Subsection (a), Section 12, Chapter 3, Title V, of the '69 E.M.C. is hereby amended to re a d as follows: Section 2. 5-3-12: REEMPLOYMENT (a) Any permanent employee in a classified position, While in good standing and upon recommendation of the appointing authority and approval by the Board, may for specific purposes be granted a leave of absence without pay for a period not to exceed two years. Immediately upon such grant, said employee shall be placed on a reemployment list for his or her classification. Ha~~~"i~y !~av~ wi~he~~ ~ay ~ha!! e~ ~~a"~~d ~pe" ~~q~~~~. a"d ~aid ~M~ley~~ ~hail e~ r~~~~"~d ~e h~~ £erM~r eia~~i£iea~±e" a~ ~he ~e"e!~~±e" e£ fi~r Mat~~"±~y !eav~, a~ prev±d~d ±" S~e~ie" 5-4-13-e£ thi5 ~i~ie. That Subsection (a) of Section 7, Chapter 4, Title V, of the '69 E.M.C. is hereby amended by adding a subsection to be numbered 7(a) (4), which subsection reads as follows: 5-4-7: SICK LEAVE; AUTHORIZED USE (a) Authorization for sick leave shall be granted only for the following reasons: • I • ( ( Section 3. • • • (1) Personal illness or injury not service connected , except as herein otherwise provided. (2) Medical appointments for the employee. (3) Illne ss of the employee's spouse or children which necessitates the employee 's absence from service. (4) TEMPORARY DISABILITY DUE TO MATERNITY . That Section 13, Chapter 4, Title V, of the '69 E.M.C. is hereby repealed in its entirety. ~ Introduced, read in full, and passed on first reading on the ~Ot;h day of February, 1979. Published as a Bil l for an Ordinan ce on thed/tJt" day of February, 1979. Mayor ATTEST: ex off~cio C~ty Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the 0/Qt:.h day of February, 19 7 9. ex officio City Clerk-Treasurer -2- • I • - ·. • • • • THIS SUPPLC:11:· .. ,.J.: ;,Ghl:E:·:E:<T made t e __ ._duy o f February, 1 9 7 9 Le t wccn t nc Cl'I'Y • ... .! UJGLEh'OOO , a Co l o rado mun1c1pa l corporation , (Ci t y ) and the c:.G LLV:uvJ C.:·lPL UY EES A!>ti ~C IAT I ON (EEA). I N CONSlDL H.~-\·~ lut ... u : t:1e r.,.J ual cov e nants here1n c ontalned , and b y cousen t of L !a~ pur v l 1..· s h~.r c t o , that ce r tain Mer:1.o rand um of Unt.lc.:rstun J..IHJ {fi.'J l.'--'\..• •' J L"-LW_t.;J1 LhC C~ty and EEA Ud t.cd Sc lt.!mbe r 8 , 19 7 ~ shall be , ar,J :~o.. z..·'--J'!, modlf led , alter ed , an d changed in t h e fol l OWlng CCS!JCCtS V:t ~.:: Dy ~l1m1 r1aL~;l J ~r 1J ~Lrl 1ng ou t f r om s~1d Agr~cmcnt ~11 o f t h e f ollo ~1 ny Articl e~: 1 . AHTlC J.: V !. U'.'L J<•, 1:11: WORK 2. AHT l CLE XII . SICK LCAVE; /,CCRUAL; LA LIJ' CATI ONS; CONV ERSION 3. AHTICLE ;..VIII. HOLIDAYS a nd inserti ny a n d 1 ~p lac1 n g sa1d Ar ticles wit h the following Ar t i cles: IIRTICJ.E VI . OV!:llTIMr; "UIV< A. F o r a] 1 C:lllp loy~cs covered by t h ~s Agrcemc1 l t and c;.:c ep t as othe rwise p r ovided , J t ics p e r fo r med over and above th~ a ss igned work s c h ed ule shall be ~..:on.;ldered ove r time for a ll monthly emp loyees. Ov c rtl.me s ha l l not L...! co : ·?Utcd nor compen sation allottt.!d on pre v~ous l y 11ccru e d o v ert ime. 'l'!le p po .. ~t-ng authortty unJ th Ca r ee r Sc rv ~c e Board are her eby .J.UthOrl;;l;!cJ toe ·tabl sh , by ag r eeme nt s , ~!JC:c 1f1.c pos it ions Wh l ch • .• :111 I.! c .:>r:si d e r ed exempt from ov~rtime i.Jay or com-pensa t ory t ime . B . Al l p~rs onru ... l , othe r than those so dct.e rmined to be e xempt from c o mpe nsat ion of ovcrt .1 mc , shall be compensated fo r overtime wo r k a t the r a t e of one crnC o,~-h~Jf (1 1/2) times t he no rmal pay rate. Howe v e r , ovcrt.J.rne m.J.y b e .. ~o -.;_J .-nsat ed either w1t !1 c o mpen sator y time off duri ng n o r mul wor k :1ours , computed at the r ate of one and one -half (1 l /2) t >me s, or by o~c ar.d or.e-half (1 l/2) time s the normal h o u rly rate f o r cuch rcSJ.I CC t.l vc u os 1 LlOn , as determined by t he appoir,ting author1.ty. C. The u t o r c.': ..1 .1.J. :1 0'::: ... 'l thstanding, the a ppoint ing a utho r ity may authori z e ovcrtu 1 ~ c Jnp...:n s atlon for ove rt1me wor ked du r~ng emer- gencie s for uny mu 11iCJ''t1 l •.:mt~l o y ~e below t h e depar t me nt head l e ve l. ART I CLE XII . SICK LJ L:II L IFICATIO:>:S; Cat:VEPSION A . S1ck l •J \ :~~a ll cla s s1f1ud e mployees covered by this Agreement shall uccur . l 4 ce ~.o:-t t ~ly at the rute of one nd ,.,nc -fourth I • ·, • • • - {1 l /4) day per-e.:1ch H1.:.m th o f ucti ve serv~ce , and sa1.d employee shall be cn tl.tl ~d to t1ft0cn ( 5} da ys o f s1.ck leave each year . After ten (10) yc QrS of con t1.nuo us s e rv ~c e all class1.fied employees covered by thls A;rc.:~n t:n t shull accumulate sick leave at the r ate of one and onc-hulf (l 1/2) d.J}'S pe r month of d c;tl.ve serv1.ce and shall be entl.th.:d t ~ l.ll;h t cen (18} days of sick leuve each y ea r . The rnax 1.mum accumu latl.on of ... 1ck leave fo r sa1d employee s , r egd rd - less of yea r s of SL rVl.Ce , shall no t exceed one hundred flfty (15 0) d ays . S1ck lc:uvc m.Jy be conv ru~d to annual lcdVC '"'ft e r t he accumula - tion of at l c d St one ~~~~n ... red ten (110) days of SlCk leave at the ra te of two {2) days s1ck l LdVe ~a one (1 ) day of ann u al leave. All such leave accumu late d aft r the :t.a x1mum o f one hundre d fift y (150) d ays shal l aut otnilt i c..lll .~ con :~....rt to annua l leave at the rate of t \oi O to one (2, 1). B. Vpon rct~r~ncn~ of any employee cove red by thls Agreemen t aml purs uant to th e i ... rov1 ~1on of Chap ter 9, Title V of the En g le\oiood Mu n 1c1pal Code or Tltl~ 4 5 , Unlted States Code Annotated (So ci~l Se cur ~ty Act), su1d Lm?loycc m~y conve r t a max1mum of nine hundred s1x t y (960) hour~ o f sjck leave fo r a retirement bonu s on the ba si s of S lxtecn (16) hou rs of .bol..:k. leave to e 1 ght (8) hou rs o f bonus pay. Si c k Leave Ut il l~~tJ O:l A. Author 1 ~~L1on for s 1ck leave shal l b~ grante d only fo r t he fol!ow 1ng rca!.>On!;>: (1) P c r ~una l 1llness or inJury not ser ~i ce connected , except as he re1n otherwise prov1ded . (2) Med1 c al a ..,pointments for the employee . (3 ) Ill ness o f t he employee's spouse o r children which n\!Cl!S Sltate s the employee •s absence from serv1ce. (4) TCm !Jo rary dtsa ln l~ty due to ma t e r n:..ty . B. Sick leave ~ha1 1 be allo\oo•ed only to Lne total amount acc umulated a t the bcg~nn1ng of a leave, as v e rified by t he Er tp loyee Rel~tio n s Departme n t. c . I t ~h ...tll bt;! t he r ..:s po:lsi ~ 1-ty of the detJ.lrtment head to determine he val1d1ty o f cllg~b~llty of t !"JC s1cK. leave . lll.s Slynature on the l ..... ...t vc r~quc.>t form n o t~ng s ck ~:ave entltlcment shall ~ndlcat e such JetermlndtlOn. Sick Leave Ded uc t ~Ort s~ck ll!...t .'l.! ~.l.i!l l.J c ch .Jrgcd o n a s<.:h(;tlul c d wor h 1ng Ju y or working shift ba~L s , ~x cluJ1ng holidays. For tnrec {3) consecutive days or two (2) cons~. ·u ... vc Sh lfts of absence, or more , 1t will be necessary to obtdln J. i.J~:y~J.Cl .:ln 's stdtcment v..:r~fy1ng the 1llness and 1nab1lity to w ar~. I~ no such stateMent 15 .lVallable , the emp loyee shall c h4r;~J for annual vacation leave. If sufficient annual leave i s ot dVd l~ble , the employee s ha ll be charged leave W l tho ut pay. Un used Balance All s 1ck l e...tv ~ sh~ 1 uxpl re on the cta ~e of separat ion from serv1ce and no employee s dll b'.! re1rnbu.csed for unused sick leave balance . -2 - 0 I • • • • • Non f orfeiture Employees shal l not lose earned sick leave because of trana-fer or r eassignment. ARTICLE XVIII. HOLIDAYS A. The follow>ng days shall be considered official holidaye by the City: (l) New Year's Day: January 1. (2) Wa shington's Birthday: the third Monday in February. (3) Memor>~l Day : the last Monday in May. (4) Indepe ndence Day: July 4 . (5) Labor Day: the first Monday in September. (6) Veterans Day: November 11. (7) Thank s giv,ng Day: the fourth Thursday in November. (8) Fourch Fr>day of November following Thanksgiving Day. (9) Chr>stmas Eve: December 24. (10) Chr>stmas Day: December 25. (ll ) New Year's Eve: December 31. n . Any e mp loyee 1n the clu.ssif1cd service covered by t his Ay~c cwcnl whO Uo~a noL ~c rform duty ach odul ed on the work~n g Uuys Lmmediatcly prior to ~nu !ollow1ng a holiday s hall not receive pay for the holiday unless such employee was absolutely unable to perform duty for reasons of ill ness, au thorized leave or other rea sons deter- mined by the appoint,ng author,ty to be sufficient. c. El1gible employees shall receive one day's pay or equ1valent time off at the d>scretion of the d epa rtment head for each of the holi days wh >ch they perfora no work. Dmployees required to work o n an off,cial ci t y holiday shall rece1ve one and one -half (1 l/2) t lmea the employe e's r egular rate of pay for all hours actually worked in addltion to the employee's r egular pay for the h o liday or equ1valent time off fo r the number of hours actually worked at the discretion of t he departmen t head. D. When a ny o f the foregoing holidays fall on a Sunday , the following Monday shall be observed as the legal hollday. When any of the forego1ng h o llday s fall on a Saturday, each employee shall be entitled to a day off for such hol iday , which day off each amployee e ah&ll be scheduled as Lhe C~ty Manager determines, but no specific day sha ll be observed as a hollday for p u rpose of closing C1ty offices and functions. E. Durlng all holidays , City offices and func tions shall be cloaed with the except~on of those departments or divis ions whose operati on is necessary to the public health and safety. IN WITNES S WH CRCOF the parties have executed this Supplemental Agreement at En g lewood, Co lorado, the day and year first above written. At tust: ex off~c~o C~ty Clerk-Treasurer Attest: Secretary -3- CITY OF ENGLEWOOD A Colorado Municipal Corpor~tion B y -----------.~~~-----------Mayor ·· ENGLEWOOD EMPLOYEES ASSOCIATION By ________ 'P~r~e~sl~droe~nt~--------- I • • INftii,OFfiCE JWlO'IANDUM TO: Bernard V. Berardini, City Attorney ~ Rick DeWitt, Assistant City Attorney • • • DATE: February 13 , 1979 SU~~: Removal from Special Districts 1978 Annexation -----------------··-----·· • At your request, I have reviewed the 1978 annexations that are included in the special districts and likewis e are ass essed by those districts for services that they receive from the City . The 1978 annexations to be removed from certain special dist ri cts are: Mr. and Mrs. Leroy M. Anderson 4635 S. Maripos a Drive Arapahoe County Law Enforcement Authority Arapahoe Library Fund Littleton Fire Protection District South Suburban Metropolitan Recreation & Park District Mr. and Mrs. Wayne Oakley 4691 s. Mariposa or. Arapahoe County Law Enforcement Authority Arapahoe Library Fund Littleton Fire Protection District South Suburban Metropolitan Recreation & Park District C/M Distributors/Thurman 1485 west Tufts Arapahoe county Law Enforcement Authority Arapahoe Library Fund South Suburban Metropolitan Recreation & Park District Thomas Plating co. 1600 West Tufts Arapahoe County Law Enforcement Authority Arapahoe Library Fund Littleton Fire Protection District South Suburban Metropolitan Recreation & Park District Mill Levy 3 1. 40 5 .971 4 3 1. 4 0 5 .971 4 3 5. 971 4 3 1. 40 5.971 4 I • • - TO: Bernard V. Berardini IN1'aOI'fiCI tWl t)lli'NDUM • • • DATE : February 13 , 1979 NOM: Rick DeWitt SU~~: Removal from Special Districts 1978 Annexation Page 2 • Ragsdale Mill Le v y 4535 S . Santa Fe Dr. Arapahoe County Law Enforcement Authority Arapahoe Library Fund South Suburban Metropolitan Recreation & Park District The annexed properties are automatically removed from Arapahoe County Law Enforcement Authority and Arapahoe Library Fund upo n filing of the annexation ordinance with the Clerk and Recorde r. I will confirm this with the County Assessor 's office to insure they have done so . 3 l. 40 4 Littleton Fire Protection District and South Suburban Metropolit an Recreation & Park District requires exclusion proceedings , whic h I am currently preparing. As you know, the above mill l e vies as sho~are total. The reduction may be somewhat less due to bonded indebtedness of the District. The Assessor's office was not ab le to confirm the exact amount at the pre sent time. t bb • I . - • lfCTii&.()FfiCi fWPI7UNDUM TO: Be rnard V. Berardini, C i ty Attorn ey ~ Rick DeWitt, Assistant City Attorney • • • DATI: Feb r uary 13 , 19 7 9 s~~= Removal from Special Districts 1978 Ann e x a t i on At your request, I have reviewed the 1978 anne xations that a r e included in the special districts and likewise a re ass e s sed b y those districts for services that they receive f rom t he City . The 1978 annexations to be removed from certain spe cial di s t ri cts are: / • Mr. and Mrs. Leroy M. Anderson 4635 S. Mariposa Drive Arapahoe County Law Enforcement Authori ty Arapahoe Library Fund Littleton Fire Protection District South Suburban Metropolitan Re cre ation & Park District Mr. and Mrs. Wayne Oakl e y 4691 s . Mariposa Dr. Arapahoe County Law Enforcement Authority Arapahoe Library Fund Littleton Fire Protection District South Suburban Metropolitan Re cre at ion & Park District C/M Distributors/Thurma n 1485 West Tufts Arapahoe County Law Enforcement Authority Arapahoe Library Fund South Suburban Metropolitan Recreation & P a r k District Thomas Plating co. 1600 West Tufts Arapahoe County Law Enforcement Authority Arapahoe Library Fund Littleton Fire Protection District South Suburban Metropolitan Recreation & Park District • Mill Levy 3 1. 40 5 .971 4 3 1 .4 0 5 .9 71 4 3 5 .97 1 4 3 1. 40 5 .97 1 4 I • -• • • TO: Bernard V. Berardini DATi: February 13 , 1979 Rick DeWitt s~~: Removal from Special Districts 1978 Annexation Page 2 • Ragsdale 4535 S. Santa Fe Dr. Mill Le v y Arapahoe County Law Enforcement Authority Arapahoe Library Fund South Suburban Metropolitan Recreation & Park District The annexed properties are automatically removed from Arapahoe County Law Enforcement Authority and Arapahoe Library Fund upon filing of the annexation ordinance with the Clerk and Recorde r. I will confirm this with the County Assessor's office to insu r e they have done so. 3 l. 40 4 Littleton Fire Protection District and South Suburban Me tropolit an Re creation & Park District requires exclusion proceedings, which I am currently prepa ring . As you know, the above mill levies as sho~are total. The reduction may be somewhat less due to bond ed indebtednes s of the District. The Assessor's office was not ab le to confirm the exact amount at the present time. bb • I • • • • • RESOLUTION NO. ____ ~ ___ , SERIES OF 1979 A RESOLUTION RELATING TO THE DOUBLE TAXATIO OF TERRITORY WITH! THE CITY OF ENGLEWOOD RESULTING FROM THE OVERLAPPING OF SERVICES PROVIDED BY THE LOCAL GOVERNMENT S AND BECAUSE OF THE ANNEXATION AS IT RELATE S TO THE LITTLETON FIRE PROTECTION DISTRICT. WHEREAS, in order to eliminate the overlapping of services provided by Littleton Fire Protection District and those provided by the City of Englewood, Colorado, and the double taxati on which would occur, a petition will be filed with the District Court in and for the County of Arapahoe, State of Colorado, for exclusion of certain territory lying and being within the City of Engl e wood, Colorado, and also within the said Littleton Fire Protection District; and WHEREAS, the City of Englewood has sufficient fire protection personnel, equipment, and facilities to provide the terri- tory with fire protection equal to or better than those of Littleton Fire Protection District and the quality of the s erv ices to be pro- vided by the municipality will not be lower than the district in the territory described herein; and ( WHEREAS, Littleton Fire Protection District owns no assets located within the territory annexed to the City of Englewood. ( • NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1 . That pursuant to the provisions of Section 32-1-304(1) (a) Colorado Revised Statutes, 1973, as amended, the City Council, as the governing body of said municipality , hereby agrees to continue to p rov ide the services provided by the Littleton Fire Protection District to the area described in Section 2 hereof within one (1) year of the date of the exclusion order and the quality of s e rvic es to be provided will not be lower than the district. • I . - S ec tion 2 . ( ( • • • - Parcel 1: Beg1nning at the Northwe st corner of Pot 13 , Be ll Isle Ga rd ens , Arapahoe Co unt y , Color~do ; thence South 12°55' East a distance of 1 65 .74 feet to the true point of b cy·n ning; thence continuing South 12°55' East for a dist ance o f 100 feet, more or less, to a point on the C1ty Limits of Eng l ewood, Colorado; thenc e l eaving the City Limit s of Englewood, Colorado , Nor th 89 °47 ' East a distance of 154 feet, more or les s, to a point on the City Limits of Engl e wood; thence No r th 12°55 ' West along said City Limit s of Eng lewood a distance of 100 feet , more o r less; thence South 89°47 ' West and l e a ving the City Limits of Englewood a distance of 1 54 feet more or less Co the true point of begLnn ing ; said tract of land conta1ning .3S3 acr es , more or less . Also known as 4635 S . Mariposa Dr ., Englewood, Colorado 80 11 0 . Parcel 2: Beg inning at t h ~ Nort h west corner o[ Plo t 1 3 , Bell Isle Ga r dens, Arapahoe County, Colorado , thence South 12°55 ' East a distance of 5 79.14 feet to the true point of beginning , said true point of beginning also being a po 1nt on the City Limits line of Englewood, Colorado; the nc e continuing South 12°55 ' East a lo ng sa1d City Limits of Englewood, Colorado, a distanc e of 275 feet to the southernmost corner of Plot 13, Bell Is le Gardens; thence North 08°05' Eas t alon g the City Limits of Eng lewood a distanc e or 271 (c~L more or less, thence South 89°47' West and parallel with the northern line of Plot 13, a di:;t...on ce or 99.6 feet more or less to the true p oint of beginning; said tract of land contain ing .307 ~~r es more or. less . Also known as 4691 S. M~riposa Dr. Englewood, Colorado 80110. -2- I • ( ( ( • • • • Par cel 3 : That part of theSE l/4 , W /4, S e c 1 0 n 9, Township 5 Sout h , Runge 68 \v est oft lh Pnn-.pJ1 Meridian , Ara p.:~hoc Co 1 ty , Col or-1 o, J,.,, t 1 <..!cl "' follows: Beg ~nn~n q l tl ..; , ·w corner o, L 11..: S I !. of t he NW l /4, Sect ion 9 ; Lhen ce So Lh ti~"5 4' East a distance o f 2176 .45 f et; hence Sou t h O"Ou ' West a istanc of 42 feet to d point; Lnccnce Su.JLI. 11"27 ' We s t 235 .27 feet more or ss lo l le tr ue p o int of beginning ; t hence Nort h 86° 2 ' es t a d i stance of 486.9 feet ; then ce S outh .0"47' West a distance of 19 2 .94 f ee t to a po'nt 01 t!1c C~ty of En g l e wood City Limits line; then e ·o Lh 8 4 °S ~' East along the c~t y Limits li ne a dis once of 508 .19 feet more or l e ss to th e wesler y rtghL -o(- way of South Santa Fe Drive; henc So tn 56 ° East a distance of 313 .96 feel mo r e o r ess alony the City L i mi t s line to a potnt 30 feet Sou th of Lh c No rth line of West Tufts Avenue; t1cnce ud sterl y a n d l e a v ing the C ty Lim .ts line il d1SL n ee of 47.46 feet more or less to lhe c xt cnduJ ccn tcr l nc of South Windermere StreeL; thence orLh 1 °27 ' East a l ong the cente r line of Souti v1 n c r me r c S t r ee t a di s t ance of 219 .71 fee t mor e o ~ l e ss to a p o int on t h City of Englewood C1ly L.J.nuts l.J.lll :; the n ce we ste rl y 30 .61 fe mon~ or l c'ss .1long S.Jill City Limits line to the we ste rl y r .J.~h l -ol -way o[ S o u th Wi n de r mere Street; the nce Nor th 11°27 ' E ~sL along s a id Ci ty L imi ts li ne il J ~Stilncu of 45l .OJ feet mo r e or l e ss to ,, point on th0 Nol -l!, line• nr the S l/2 NW l /4 Section 9 , 'l'ownslnp S South , Hunge 68 West ; thence North ll9°S4 ' W c ·~.;L "1 o n q '"' 1, l i ne , also being the City Limits l 1n c , ~04 .06 lu~l mo r e or less to the eas terly ri gh t -of -wo~y of S'""'' S a n ta Fe Dr ive; thence leav~ng the> C1ty L~mits lin South 11°27 ' W0st ,olonq th0 .~.1 slc•r ly lin <·"' South Santa Fe Or~v e a d~stance of 2~l.o ~ teeL Lu .:1 poinL; t hence Norlh 11(>0 12 ' Wc~:c;L "d !!;I.IIH:e ni' 125 .88 fee t mo1·e or les s to thP. tru e po~nt of begin n ing . Al so k n o wn as 4535 S o ut h Santil Fe !J r ~v e , Englewood Colora d o 8 0 110. -3- • • I • ( ( ( • • • .. • Pure ·l •I : t\ Lruct of lund in the W l /2 o f S -J /4 o f l L: 1 /-i of Scct~o n 9 , Townsh ~p 5 South, Ran0~ u 8 w ~st ur th 6t h Princi pa l Me r idian , described u s o ll o wh: Commencing at the Northwest c orn ~r o Lhe S\-.' 1 /~ of E l/4 of S ection 9 , Towns hip 5 So Lh . ang • uh We s t , the n ce r:ast a long the ortl l · n c of Ll ~ S of Nr: l /4 of SccL1on 9 , Townslu.p 'J oull , Hun <Jc " West a istance of 330 fee t more or less Lo t hL true po~nt o be g ~nnin~, s 1 d true j.)Ol nl ol b eq n- n i ng also bein g on the City Linnts o f L:nq]L' o o , Colora do; then ce contin u~n g East alon g s u C1L y Limits a distan ce of 1 65 feet more r l ~s s; th en~~ South 0° East along t he City Li mits o f I:ny e,,, •. 1, a distance of 660 feet more o r less Lo th,• c e n L•·'- line of West Tu fts Avenue; thence West and CdV ll ~ the City Lim its line of Enc;lewoou , C o l cn <~do , ,, distance of 1 65 fee t more o r le ss; th~n ~~ O.L-.. a distance of 660 feet more or l ess Lo the tru ~ p oint of b egi n ning . S aid tract o [ L1n cl ~01 Lill n 111•1 2 .50 ac r e s, mo r e o r less . Also known as 14 85 W. Tufls Ave ., L:n y l u wuo , Colorudo 80110 . Parc el 5 : Beg inning at the Nort heas t co r n e r of 'l'r c t 1 , Bell Isle Gardens Subdivision, Ar apahoe Cou nt y , Colorado , also b e in g a point on the C~l y L 1mi ts of En g l e wood, Colorado; thence \\l est .:tl o nq sa i d City Limits, also being t he North l~n~ o f T ra ct and also being the South ri g ht-of -way line of \ s t Tufts Aven u e a di stance of 69 .3 feel mor~ o r J e s s ; t h e n ce North alonCJ City Limit s 1 in c d 1 st·.lnC L' of 10 feet more or l e ss; thence Wes t al ong .:t l in e p aralle l t o the South line of West 1'u f l s /\v ~nu<' a dis t;:~n ce o f 98 .7 feet more or l ess l o LI IL' c.;,•nt,.,._ line of South 13 e VL'J·ly Drtvc; I hc'llC L' So ul !I .ilO ll'i II•• ce n ter line o f South Beverl y Driv e JlsL.ln c e ol l 35 fl 'l'l IIIOC e or l o•SS ; lhl'll ('<' ~t '!>( .1 d I ·:1 -Ill<-<' <II 25 feet t o .:t po1nt on the C~ly L~1a Ls o l L:nyle uuu, Color.1do ; lhe n c e Soulh wl on <J s .1id C1 ty !.1111 1t »" distance of 125 fee t; thenc e East clony CllY L1m1l s Ll dl s L.l ncc of l '.J1 feel mo r • ot· l c,;:; '" 1 il•· Sou L I~<·-•·.1 corn e r of Tract 11; the nce North und ~c ..1v tng tlw C1.t v Lim~ ls u l on y lhe E.~s t line of 'J'r.Jc.:L ll " d 1 SL.ill l 't· ,,~· 250 feet more or l ~s s to th~ point of bcg1n n~ng . Said L r ~ct of l a nd co nt a~n iny 1 . 05 clC r l.!s mo r e o r les s . Also k n c wn as 14 7 0 \v. Tufts Av ~. • L1 <j ...:wuo, ~, Colorado 80110. -4- • I • ( ( Attest: • • • Parcel 6 : B gin nin g at the Northea s t co rn ~r of Po t 3 , Bell Isle Gardens, Arapahoe County, Col o ru o , whlc h is the p oint o f lnte rsection of the Sou h line of We st Tufts Av en u e and the West l ine o~ outh Wind ermere Street ; thence East along L l~ So uth l~n~ of West Tufts Av enue 127 .3 feet to the tru~ polnt of u eg l nning ; thence Nor t h 10 feel; Ll <.!IIC'-' West alon g a line para lel w i t h t he Sou th l nc o f West Tu fts Avenue a dlstance of 396 .13 f <' mon; or l<•s:, to a point on th e City of En g l e wood Clty Ll rnits line; thence South 56 °0 ' East along the C~ty Luu ts a dlstance of 7 .813 feet more or <..!SS Lu Lhc ·u Lh line of \v est Tufts Avenue ; thence o t h ll 0 l9 ' \v ,•sL a l ong Sdld CiLy Limits lln J d~sldnc~ ul 2~4 -~~ feet; the nc e North 89°47 ' East and l eavlng th C Ly Limits of Englewood a d istance of 304 .1 f<-'c t Lo t h~ We st line of South Wind e r mere SLree ; lllL'JJ C S u ulll 166 .79 fe et to a poi nt on the ClLY of ~nylc w ood City Limits; thence Ea st alon<J <l cn 1·v v Lu Lhe l"fL having a radius of 4 5 f e e t tl r u 2 so und fo ll owJ li <J the City Limits a dista nce of 168 .7 feet; thenc '-' North 35° West 52 .1 feet to th e East llnv of S ouL! Win de r mere Street; Lhc n ce North ..~loncJ Lhv Ci t y Limits a distan ce of 100.0 feet; thence South 89°46 ' West a di stanc e of 1 0 .0 fe et mo 1 ·~ o r h :ss to the East ri g ht-of-way line of Sout h \ ntle r m<)re Stree t; thence No r th a lon <J sa id ri ght -of -w.'l y 1 J J J<· a distance of 250 feet more o t· l <..!SS Lu "' J•U ~nL '''' the South line of We st Tufts Avenu e; thence Eas t along sa id Sou th line a dist un ce of !J7 . J 1 L'CL L<l t h e tru e point of beginning ; s..1id parc'-'1 uf lu nu containing 2 .232 acres mor e o r l ess . Also known as 1 600 \'Vest T u fts Av enue , L:n ql ~:wo o. Colorudo 80 11 0. ADOPTED AND APPROVED thisc10tj,day of J~ .. , 1979. Ma y or ex officio City Clerk-Treas ure ~5 - • • D I • • • • • • • I, William D. James , ex officio City Cle r k -Treasurer of the City of En g l e wood, Colorado, do hereby certify t hat the above a nd foregoing is a true, accurate and complete copy of Reso lution No . , Series of 1979 . Dated this _____ da y of _____________________ , 1979 . ex officio City Cl erk -Treasurer -6 - • I • • • • .. - i llliSOLU'l'lWJ 0 . ----clUES OF l 97 Y A RES OL U'' 0 RELAT ING TO THE DOUB LE TAXATION OF TERRITORY WI'J'III N Til E CI'l'Y <lF ENG LEWOO D HESULT ING F RO M THE OVERLAPP I NG OF SEHV J ES PRO VID ED BY T HE LOC AL GOVERNMENTS AND BECAU S E OF THE AN NEXA'l'lON AS IT RE LAT ES TO TH E LI TTLETON FIRE P ROTE CTION DISTRICT. WHERE AS , .i n ord e r to e l im i nule the o v e rl appin <J o f se rv ices ~ro vided b y L i t tle ton Fire P rot e c tion District and Lh os e p rovided b y the City o f Englewood, Colorado, and the double ta xation which wou l d occur, a pe tition will b e fil e d with the Distric t Court in an d f o~ t h e Count y of Arapahoe, S ta t e of Colora do, f or ex c l usion of c e r tuJ n te rritory lyi ng and being wi t hin the C ity of En glewood, Co lora do , a n d also within the said L ittleton Fire Protection District; and WHEREAS, t h e City of Eng l e wood h a s sufficie nt fire p ro t e c tion pe rsonnel, e q uipment, and facili t ies to provi de th e t e rri- to ry wi t h f ire protec tion equal to o r b e t te r than those o f L it tleton Fi r e Pro Lcc tion Dist ric t a nd the qu alit y of t he s e rvic es t o he pro- v i ded b y Lhe municip uli ty will not b e lowe r than the distri cL in the ter r ito ry described herein; and WIJEREJ\S , Lit tl e ton F i r e Prot •...:Lion Dis trict o wr :; no asse t s l <w,•te d withi n Lh e t e rritory u nn exed t o the City of E11 y l e wood. NOW, TH ERE FORE, BE IT RESOLV E D BY T HE CITY OF ENG LEWOOD, COLORADO, .t s follow s : S ec tion I . 'l'li..J t p ursua n t Lo t he p rovis ions o f S e ction 32-l-304 (l) (a ) Colorad o 1\c vised S tatul e s , 1973, as a me n d e d , t h e City Cou nci l , a s Lhe g ov<•lllf ng body or s,1id mun ici p aUty , h r by u<J r ees to c o11t inue Lu p r ovr d. Lll e se rv ic ,•:; pro v ided b y Lhe Littleton Fi r e Protc<·Li on DlstricL t <J t he a r ea <k •sc ribcd i n S e tion 2 hereof within on <· (l) yea r of l.r•· date o f Llw exclusion orde r and the quality of sc·r·vices Lo be pn,, 1 cd wi ll noL be lower tha1 the dist r ict . • I . ~~c.:c t l.un 2 . • • • - Parcc B<.!<J Lnn~ng at the Northwc.:st corner oi 1' o t I J , Be ll l sl ~ Gardens , Arapahoe Count y , Coluco~do; thenc e So uth 12°55' East a distance of 165.74 feet Lu t he true poin t of IJC<JJnnin<J; tilen ee continu~ng South 12°5 5 ' E as t for a d~std n<.:e 0 1 100 feeL, more or les s , to a ~oint on the Cl.t y Limits of Englewood, Colorado; thence leav1ng the C ity Limits of Englewood , Colorado, North 89°47' Ea st a distanc e of 1 54 fee~ more or le s s , to a po1n t on the City Li mits of Englewood; thence North 12°55' West along said City L1mi t s of En gl e wood a distan ce of 100 feet , more or less; t h e nce South 89°47' West and l eaviny t he City Limits of Englewood a distance of 154 fe ut more or l ess to the true po int of beg~nn 1nq; said Lr,•e t of land conta1n~ng . 3~3 acres, 1uorL· or les s . Also known ...!S 4635 S. Mar1 p0~..1 Dr., El<<:Jl ·wuutl, Color..;tlu 00 110. Parcel 2 : 13u y~Jill ~ny ...!t thu NurtllWI..!S t <.:Ol.'Jlul.· u i I' LuL J , Bell Isle Gardens, Arapahoe County, Colorddo , thence So uth 12°55' East a di s tance o f 579.14 feet to the true point o f beginning, said tru e point of beginning also b eing .., po1nt on Lh e City L 1m 1ts line of Englewood, Colorado; then ..:<.! conti1 uJn g Sou th 12°5 5 ' E ast ..;lonq S<:l1d C JL y J.iu1~L :. 111 E ll<jlewOod, Culoc,;do , c1 d.LSL.tn <.:<' ul 275 LuuL to the southernmost corner or Pl o t 1 1 , Bell l s 1.! Garde ns; thence orth 08°05' E ..;s L d uny the C~L L1m1ts of Eny ewoud '"' d.L&tdnce u 1 271 r._,._,L more o r less , thence South 89°47 ' West a nd p a ra ll e l with L e northe rn line of P lot 13, a d~st..;nc e u 99.6 fuu t more or less to the true point o f begin ~1y ; said tract of land conL..;in~JY .307 ~eres more o r css . 1\ SO KJluWn LIS 4691 S . M.:ir [JOS<..l Dr. Englewood, Colorado 80110. -2- • I • • • • • 'J'h ,lL part o f theSE /4 , , w l/4 , S<.!ct ,~,., J , 'l'own !..oll q.) 5 South, !\.<nyc (,(l Wcst oi Ll L' loll• l'rJ nc.t;•.< I M~J.4 L di..&ll , Arup<.Jhoe Cuun ly , Lu lu.t·d o , "~· . .~·1 1 H'd d ~· fo l o ws : Beginninq <~l t ''" w corner u: Li•L S I 2 of LIJc.: NW l/4, Se ct~on 9 ; Lhcncc So ul! cJ'J 0 ')•;' E.:!st .. dist.:~nc c of 7.1'/fi .4'~ r._·cL ; tlcnt:l' :>(>IIlii 0°0(,' We st " u .t s tctnce of 4L fc c.:L Lu ..1 pu.tnl; LIIL.ll c·c: ~u u Lil 11°27 ' West 235.27 fee t no r e or l e ss t o tic.: t rue poin t of beginning; then ce No rt h 86°12 ' est a dis tan c e of 486.9 f e et; thence South 1 0°47 ' W •s L a d.i s tuncc of 192 .94 feet to ct p o.int 011 u ,,. CJ t y of En cjlewood City L im it s line ; thence ~UUL!J o 4°':o9 ' East al ong the Cit y Limits l ine a distunc c of 508.1 9 feet more or less to the westerly t'J.qh L-of - way o f S outh Santa Fe Dri v e; thence Sou Ln 56 ° East a distance of 313 .96 feet more or css d lony the City Limits line to a po~nt 30 feet Sou h of th e Nort h line of West 'l'ufts /\.venue; th ence: eu stc rly and c.:~v i ng the City Li nnt::; line .:1 dist <~nC<' of » 47 .4 u fee t more or less to Lhe exte nd eu c.·ni•'J"ll.n..: of !:;uuL ll \v.tnu<.!rmcre Str<.!o..:L ; thence Nu .:Lil l v .!'/' East " ong the cent ·rl~nc of South Wl n.Jv cu•v•·,_. Street a distance of 219 .7 1 feet mo r e or 1r ~s Lo a pO.tlll on the Cl.Ly of En<jl<.!WOOd C.tly . .t1111L :. l u H:; Lhen-=•· wes t erl y JO .c,J fl.!c 't u•un: or !••::: .. ,J "'"I ""'d Cit y L.tmits ll.ne to the \JC stc rly r.te;h L-ul -\v .<y ul Sou th Wi ndermere Stree t; thc ncr o rt h 11°27' E~sL alony sa id City L.tuuts l.tne <.! u.tstunc <: ul 4:, . UJ fe et mo r e or l ess to ,, point on thc-o,·11, nc• nr thc ::; 1/2 NW l/4 S ect.tun 'J , '!'owns!up ') :,ouu1 , Hun ')(' ufl West; then ce Noeth 13')0 ':.4' Wc•:.;t ·•1•111'1 : .. 11<1 l.in c , o~lso be.tny Ll c C.tLy L.tllll.L>;; l.tlh', LCH . ''\• 1 evl 1110 !:'<' lll:' l<~SS to th • lJ .tSlvl" 1 y l'l qht -o( -w,y ·d :;.,11 I lc SanL1 l·'e Dt·ivc; theJ <.:l.! le-.J VJ n(j Ll1l.' Ctl y LJlii<LS 1 i no• :;.,lllh 11°27 ' Wt •:.L .<lonq lh•· o·.c::lt•t ly I'"''"' Sou tlt · •. l!1td r'e Drl.VL: il u.J..StuJ <.:<.! Ot 2~l.o~ ..:c L Lu .:! POLl t ; thenc<: Nor th fl(>0 l2 ' Wl':;L d 12 5 .Ub fee t more or le s s to Lh~ tru b eg.tnning . d i . :, .~Il l.,. n r pu .tt L u f Al so J..no wn as 4535 So ut h Sctntu F~ ur~v c', l.nqlcwu"' Col uL.H.Iu 8 0110. -3- • I • - r \ • • • • 1'..! J.'<.;v I iJ : 1\ LL •c l ot l.Jntl in Lh..: W 1/<! ol· S W 1/· ul ''I. J /•1 of S..:cL ton 9 , Tow nsh.lp J So uLh , H.1nqL' .ll 1 ··:;1 ur t h e Glh P c tnc i p..!l Mu L·uJJ""• d,·:.;c•:iu..:d "'· lo ll .. w:.: CuuuHL!ncing a t the No r Lhw ._,st corn..:t· o Llh.> !:i i-J /• of NE l/4 o f Sect io n 9 , T o wnshJ.p 5 Soulh, I< "'J<' GH We s t , thence East along ti1c Not·th lin'-' o l Lh v Sl 1/·1 o[ NE l/4 of Sc<.:tJ on 'J , T o wn ;;Ju.p S ~out l1 , 1<.""1'' •·U Wt:!S t '" d.ls t an c e of 3 30 f0..:t mor..: o r J '-'"''' L" ti lL' t r u e jJO.l nt Of ucginn.Lny , ..!.lU truL.' pO.ill L 111 l•'-'•1 111- ning ulso be ing o n t he C .LLy LHnt::; of J..:n <J l L'wuo Colo r..!<..ICJ ; thence con tinu.1n g East along "-"lL C tLy Lim.i.L :, ,, c.li s ton cl..! o[ LGS I uc.:L 111 01·._, <.H. J ,._,,,; lllc.:li<.;L ' South oo East along the C.1.ty L.lnnt::; of J..:1 y l..., .. ""· a di stance of 660 f eet more o r ess to ti1 L' ,. L<·•- line of West T u fts Av e nue; thence West • .ntt.l L'.I VJ' 'J the C1 Ly L i mit :; l .1.nc of Eli<Jlvwuoc.l , CCJ '""'ll•, distd r ce of 16 5 feet ruor..: or l ..:ss ; tJ <..:rh.:e u. ~ .. a dist a nce of 660 feet more o r l ess to the tr e poin t of b e ginn i n g . Saiu tr.:Jct of Lli1L ..:ot L d Jt lli<J 2 .5 0 <.~cres , more or less . Also kno wn as 14 85 W. T u fls /\v e ., E n yluwuu , Col o r~.~Jo 801 1 0 . Parc el 5 : J.j c.:q.l.H ni n:~ a t the Nurll1 •.JSL cunt..:r u l 'l"l ·o~c t J J , Bell ::;le G a rdens Subdi v .l s ion , A r dpaho'--' Cuun ly , Col or~ o , also bein g a po.Lnt on the C.lt y LJ.m JLs o f En•Jl <:w ood , Col o r .Jdo ; Lh..:rc._, •vusL c~1o t1<1 : .. 11d City L .1.w .i. t::;, also b<:!.1.n g u,..., o rt h l .1.n..: o l "L•c L 11 , and also being the S o uth r .L qht -of -way l.1.n e of West •ru f L :; 1\v<..'n u e a d .i s L..JnCL! ot 6':J . 3 fee L mur,• ,,.. •::,;.; t h enc<..: No rth a long C .lty L.Lnl.lts 1..n e J cJ 1 '"'l.•II L-L' ol 10 f ct more or 1 ss ; thence West a on g <.~ l.1 n c pa r ull <.'l t o the So u th line or Wesl 'l'u rt :. /\vr·n u<' .1 dJ ::t .•n ·c of 'Hl . 7 f t 'CL llHH·e: ur lvss Lo lit<• ,·,'nt,.,._ J J.t h ' 1t l !;t )ttl)l ih •Vc ·J·)y IJJ I V t •; lltt'IIC'' ::(Jtil l t o~l ttiiiJ ll11 CCI1t<'l I tne of Soulh IJL.'VeJ." y Uc J V<.' ..r dJ ,;L.ill <'<' <JI 11~ lt •t •l Jll ()f "C (JC I t~:...:;; l i JI'Jl("t• Wt ·:.l " d I ·.1 I IH'I' '" 25 -<.:<.:L La ..! pOll t un L 1<: C.lly L .u:IJ.L:; ul .li<J I<.:Wu ud, Color ·o~du ; Lhe•cc SouLh J]on<J :i .ttd C t ly 1.111111 .• ·• diSlu liCC of 125 feel; thence l::.:!::it ulOJ ') L" L y LUIIll:, <.l UJ :.1 ·'" "(.: o[ l':J 1 rl.!L 'l III U I"C ()j' 1 .,,;,, t" I ,,, ~ ..... , llt····:t c ont c.:J u[ ''r <.~cl 1 LilL:ncc.: u t·LJ ..!nc.l ~L :.tVtll<J Li te C r t y J,j ll ll I .. o1 Oli'J Lite J,,,~L ].Ill•' <J I 'l'r.t <.:l 11 ,, d 1:.1 ·•ll<"t · ,,j' <!50 J v v l more.: oc 1,•:;'-' Lu Ll c.: po.Lnl uf l~v <J lllltJ «J . Sa id Ll ..!Ct Of lJnU CUJ1lu I il1<j 1 . 05 .!CCL''-' III<Jl'L' U C l e ::;s. Al so l .11u w n us 1470 Col ut.1du UOllO. -4- . TufLs 1\v...,., J~r HJ ·w'"''·• • I • - • • Attest: • • • Uv <Jl.nniny at the No r llt<.:o..~:..L Luna<.:!" <Ji I' ul J , Uell Is e Gardens , Aro..~pahoe County , Co uro..~uo, w!uclt is the !J Oint of intersect~o n of the Sou l!, 1.111..: of West 'rufts Avenue anu the WesL li n e o Z 'ot Lh W.inu enuc:1.·e S tre et; tJ c:nce E.tsL ..J lon<J L IL' :._.u u ll• illL' of West T u ft s Avenue 127 .3 feet to the Lrue po~n t of L eg~nning ; thence ort h 10 feet; t lellt:<.: WesL alonq a line parallel w ith the South ~~n c of ~esl Tuft s Aven u e a distan ce or 396 .13 feet u•u•·c or <'s:. to a po1.nt on the Cit y of Engle wood Cit y Lim~Ls line; thence South 56°0' East along th e City L Htit!:. a clis Lance of 17 .8tl feet more or less Lu Lhc Su uLh line of West Tufts Av e nue; thence So uti I I o 19 ' \~e::; L along sdi d City Limit::; l~n c ~ d~stdn t:c u( 2~4-J~ feet; thence North 89°47 ' East anu l e.:t v ~ny th L' C .1.L y Limits of Englewood a disLancc of 304 .1 f<.:L!t Lu til <.: West lJ ne of South Windcrtll<.:re Street ; Lltt.:ll<:c ~;uulll 166.79 tee t to a point on the City of C:n'llcw ood City LJtllits ; then ce E.J:;t ,tlun q ..J Cl ii'V<' '" L111· "'L huVill') c.1 radius Of 4 5 feel tJu·u 21~0 cllhi I ulJ \J WIJl <J the C~Ly Limits a distance of lGU. 7 feet; Lhe m:e North 3:...0 West 52.1 feet to the East l.lth· of :->o ull Winu en11c:1·e SLreet; Lht.:t ce Noet h o..~lun<J Li t<· C.ll 'f Limits c.1 distance o f 100.0 feeL; thence South 89°46' We st a distance of 10 .0 feet mot·c-o t· l•.:ss to the East right-of-way l~ne of South WLttd enu.,cc Street; thence North a long SetJd right-of -w.-,y i 1 11<· a di sL..Jnce of 2~0 feel 11tur'-' ut: les:.; Lu " J•U .l lll '"' the South line o f Wes L Tu [L::; A vcnuL'; th c!J ce L a:.L alonq '"'HJ So uth l.llle .::1 d 1'--L"'"'''' uf u·/. : 1 , . ._., L" Lhe LJ.Ll<' puint o[ UL'<JJI111.l ll<J ; :.;.JJ.d !J..Ji'l:c.:J u!' 1-"'" contd J.n~ny 2 .232 ucre ::; mort.:! or l ess . Also known as 1600 We st 'l'u f Ls Av<.:nue, l::nq I ··wo''", Color .Jdu 0 0110. 1\I J<JI'TE D AND 1\P I'HOVED thisrltJt!> day of \,~~ l 979. Mayor ex offic~o C.1.ty Cl erk-T re .:~sure~s- • I • \ • • • • I , William D. James , e x officio City Clerk -Treas ure r of the Ci ty of Englewood, Colorado, do h ereby certify that the above a n d fore going i s a t rue , accurate and complete copy of Re so lut ion No . , Series of 1979. Dated this _____ day of _____________________ , 1979. ex off~c~o City Clerk-Treasurer -6- I . \ • • • • RESOLUTION NO. _____ lf_, SERIES OF 1979 A RESOLUTION RELATING TO THE DOUBLE TAXATION OF TERRITORY WITHIN THE CITY OF ENGLEWOOD RESULTING FROM THE OVERLAPPING OF SERVICES PROVIDED BY THE LOCAL GOVERNMENTS AND BECAUSE OF THE ANNEXATION AS IT RELATES TO THE SOUTH SUBURBAN METROPOLITAN RECREATION & PARK DISTRICT. WHEREAS, in order to eliminate the overlapping of services provided by South Suburban Metropolitan Recreation & Park District and those provided by the City of Englewood, Colorado, and the double taxation which would occur, a petition will be filed with the District Court in and for the County of Arapahoe, State of Colorado, for exclusion of certain territory lying and being within the City of Englewood, Colorado, and also within the said South Suburban Metropolitan Recreation & Park District; and WHEREAS, the City of Englewood has sufficient parks and recreation facilities to provide the territory with park and recreation facilities equal to or better than those of South Suburban Metropolitan Recreation & Park District and the quality of the services to be provided by the municipality will not be lower than the district in the territory described herein; and WHEREAS, South Suburban Metropolitan Recreation & Park District owns no assets located within the territory annexed to the City of Englewood. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That pursuant to the provisions of Section 32-1-304(1) (a) Colorado Revised Statutes, 1973, as amended, the City Council as the governing body of said municipality, hereby agrees to continue to provide the services provided by South Suburban Metropolitan Recreation & Park District to the area described in Section 2 hereof within one (1) year of the date of the exclusion order and the quality of services to be provided will not be lower than the district. • I • • \ Sect ion 2 . l • • • - Parcel 1: Beginning at the Northwest corn e r of Plot 13, Bell Isle Gardens, Arapahoe Count y , C olor~do; thence South 12°55' East a distance of 1 65 .74 feet to the true point of beginning; thenc e continuing South l2°55'.East. for a distance of 100 feet, more or less, to a point on the City Limits of Englewood, Colorado; thence leaving the City Limits of Englewood, Colorado, North 89°47' East a distance of 154 feet, more or less, to a point on the City Limits of Englewood; thence North 12°55' West along said City Limits of Englewood a distance of 100 feet, more or less; thence South 89°47' West and le a ving the City Limits of Englewood a distance of 154 fee t more or less to the true point of beg.~.nni ng ; said tract of land containing .353 acres , more or less. Also known a~ 4635 S. Mariposa Dr., Englewood, Colorado 80110. Parcel 2: Beginning at the Northwest corner o f Plot 13, Bell Isle Gardens, Arapahoe County, Colorado, thence South 12°55' East a distance of 5 79.14 feet to the true point of beginning, said true point of beginning also being a point on t he City Limits line of Englewood, Colorado; thence continuing South 12°55' East along said City Limits of Englewood, Colorado, a distanc e of 275 feet to the southernmost corner of Plot 13, Bell Isle Gardens; thence North 08°05' East along the City Limits of Englewood a dist ance of 271 feet more or less, thence South 89°47' Wes t and para llel with the northern line of Plot 13 , a diHtdnce or 99 .6 feet more or less to the true point of beginning; said tract of land contain iny .3 07 acres more or less. Also known as 4691 S. Mariposa Dr. Englewood, Colorado 80110. -2- • I • • - l rt • • • • Parcel 3: That part of theSE l /4 , NW 1/4, S ect i o n 9 , Township 5 South , Range 68 West o f the 6th Prin cipul Meridian, Arapahoe County, Colorado, d c~cribed as follows: Beginning at the NW corn er of the S l /2 of the NW 1/4, Section 9 ; thence South 89°5 4' East a di s tance of 2176.45 feet; th enc e Sou th 0 °06 ' West a distance of 42 feet to a point; th e nce Sout h 11°27 ' West 235 .27 feet more or l ess to the tr e point of beginning; thence North 86°12' We st a distance of 48 6 .9 feet; thence South 10°47 ' West a distance of 192.94 feet to a po in t on t h e Cit y of Englewood City Limits line; thenc e Sout h 84°5 9 ' East along the City Limits line a distance of 508 .19 feet more or less to the westerl y right -of - way of S o uth Santa Fe Drive; thence Sou th 56 ° East a distance of 313.96 feet more o r l c ~s alo n y the City Limits line to a point 30 feet South of the North line of West Tufts Avenue ; th ence c usterly and leaving the City Limits line a distanc e of 47 .46 feet more or less to the extend e d c~nter linc of South Windermere Street; the nce Nor t h 1 1 °27' East along the centerline of Sout h W1nJ e r mc r e Street a distance of 219.71 feet more or l e ss to a point on the City of Englewood Cit y L.llll.lt~ luH :; thence westerly 30 . Gl feet more or l es s .11 ong s .a 1 d City Limits line to the westerly ri y ht -of -way o f South Windermere Street; thence North J 1°2 7' E.1s1 along said City Limits line a d.lStancc of 45l.OJ feet more or l e ss to il point on the No1·1 J, line · or the S 1/2 NW 1/4 S e ction 9, 'l'ownslap 5 South , Range 68 West; the nce North ll9°':>4 ' W<•:;t. ,t'J o n q :;.o l d line, also being the City Limits l.lnc, ~04 .06 f ee L more or l ess to the easterly r.iqht-nf-w.a y o f Sc n1 ll• Santa Fe Drive; thence leaving th<.> C.lty L.lmits line South 11°27' Wes t illonq t·JH' <"'.IS I <·rl y I in<• "r South Santa Fe Dr1ve a distance of 291 .~~ teet tu u point; thence North 86°12' W~S l .t d i:;l ,111 ce o r 125.88 feet more or less to thP. true point of beginning. Also known as 4535 South Santa Fe Drive, Englewo od Colorado 80110. -3- • I • • \ J c • • • • Parcel 4: A t ract of l a nd in the W l/2 o f SW 1 /4 o f N~ l /~ of Section 9, Township 5 Sout h , Range 68 West of the 6th Principal Meridian, described as fo llow ~: Commencing at the Northwest corner of t he s w l/4 of NE 1 /4 of Section 9, Towns h i p 5 South, Range 6R West, thence East along t rie North line of tl e sw l /~ of NE 1 /4 of S e ction 9 , Township 5 South , Ha n ge ld:J West a distance of 330 feet more or l ess to t he true poi nt of b e ginning, sa id true ~oint or b e~.i.n ning also being on the City Limits of Enylc wo od, Colorado; thence continuing East a lon g ~aid C it y Limits a distance of 165 fe e t more or lcs~; thence: South 0° East along the City Limits of Englewo0d , a distance of 660 feet more or l ess to th L' cenL t·t- line of West Tufts Avenue; thenc e West and l covJ JI •J the City Limits line of Englewood, ColorJd o , ~ distance of 165 feet more or l ess; then ce Nort i , a distance of 660 feet more or l ess to the tru e point of beginning . Said tract of land con t ainlll'J 2 .50 acres, more or l e ss. Also kn own as 1485 W. T u fts Ave ., Engl e wood , Colorado 80110. Parcel 5: Beginning at the Northeast corn er of Tra ct 11 , Bell Isle Gardens Subdivision, Arapahoe County, Colorado, also being a point on the Clty Li mits of Englewood, Colorado; thence West ulon q said City Limits, also being the North l1n e of T rac t l , and also being the South riqht-of-wuy 1 inc of W (~St: Tufts Avenue a distance of 69.3 fe et mo r e u r l c~~; thence North along City Limits line .:1 dist~nc r or 10 feet more or less; thence West along a line parallel to the S o uth line of West Tuft s Av'=!nuc ~ a distance of 98.7 feet more or le~s to Lhc cent<.:J·- line of South l3eve rly Drive; Lh cnce South .t lo nq ll1• centerline of South Beverly Drive a distance of 135 f<:et more or l ess ; th <:ncc West o1 d a ,;I -'IIC<' (Jf 25 feet to a point on the City Limits of En glewood , Colorado; the n ce South ulon<J Sil ill C i L y L. i 1111 t~ " distance of 125 feet; thence East al on g City Limit ~ a d.i.stL!ncc of 193 feet more or l e:;~ Lo 1 h,· Soull~e ·.<:;l corner of Tract ll; thence North und leaving the C1 Ly Limits along t h e Last line of 'l'r<ac:t ll " d is LJ llL'c "1· 250 feet more or l~ss to th~ point of b egtn nin g . Said tract of land containing 1.05 acre~ more or less. Also known as 14 70 W. Tufts Av e ., En gl0woo.1 , Colorado 80110. -4- • • I • • \ l • • • • Parcel 6: Beginning at the Northeast corn~r of Plot 3 , Bell Isle Gardens, Arapahoe County, Colorado, whi ch is the point of intersection of the S o uLh li n e o f West Tufts Avenue and the West line oZ South Windermere Street; thence East along the Sou th l~n '-' of West Tufts Av~nue 127.3 feet to the tru~ poin t of beginning; thence North 10 feet; thence West along a line parallel with the South line of Wc sl Tufts Avenue a distance of 396.13 fe e t more or l c·ss to a point on the City of Englewood Cit y Limits line; thence South 56°0' East along the City Li mits a distance of 17.88 feet more or less t o Lhe Suul l line of West Tufts Avenue; thence Sout h 1 1°19' \v <·sL along said City Limits line a d~stance u[ 2~4 .~~ feet; thence North 89°47 ' East and leavin g the C~L y Limits of Englewood a distance of 304. l fcct to Ll~<_· West lin~ of SouLh W.i.ndcrnoer~ Streel; t '''""''":c ~;uut" 166.79 feet to a point on the City of Englcwoo~ Cit y Limits; then ce E.J st ulonq ...1 Cl li"V<' L" Llw J .,IL havin g a radius of 45 feet thru 21~0 and f ollow ''"J the City Limits a distance of 168.7 feet; Lhenc e North 35° West 52.1 feet to the East l~•w of Sou Lh Windermere Street; thence No1·th o..~lunq llll · C.ily Limits a distance of 100.0 feet; thence South 89°46' West a dist.:~nce of 10.0 fe e t mocv or l cs ,; to the East right-of-way line of South W~n~ern1cr c Street; thence North along said right-o f -w;oy 1 J ,,. a distance of 250 feet mor0 or less to u puinL "" the South lin<.! of West Tufts Avenu~; tlwnc'-' E••sL along said South lin<.! OJ distance of !J7. -l ,-,·et L<> the true point of beginning; said ~arcel of lan~ containing 2.232 acres more or less. Also known as 1600 West Tufts Avenue , En qlL'woo d , Colorado 80110. ADOPTED AND APPROVED thidtJ"t/iday of i~ • 1979. Attest: Mayor ----~~~--~--~--~~---------5-ex off~c~o City Clerk-Treasurer • I • • ( • • • • I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foreg<?ng is a true, accurate and complete copy of Resolution No. , Series of 1979.-J Dated this;{D bhday of CLf~~Jh , 1979. ex off1cio City Clerk-Treasurer -6- • • I . - ( ( ( • • • • RESOL UTIO N NO. tf , SERIES OF 1979 A RES OLUT ION RELA TING TO THE DOUB LE TAXATION OF TERRITORY WITHIN THE CI TY OF ENGLEWOOD RESULTING FROM THE OVERLAPPING OF SERVICES PROVID ED BY THE LO CAL GOVERNMENTS AND BECAUSE OF THE ANNEXATION AS IT RE LATES TO THE SOUTH SUBURBAN METROPOLITAN RECR EATION & PARK DI ST RICT. WHEREAS, in order to e l iminate the overlapping of se rv ices provided by South Suburban Metropolitan Recreation & Park District and those provided by the City of Englewood, Colorado , and the dou ble taxation which would occur, a petition will b e fi led with the District Court in and for the County of Arapahoe , State o f Colorado, for exclusion of certain territory lying and being within the City of Englewood, Colorado, and also within the said South Suburban Metropolitan Recreation & Park Distri ct ; and WHEREAS, the City of Englewood has sufficient p ar ks and re c r e ation fac ili ties to provide the territory with p ar k and recrea tion faciliti es equal to or better than those o f Sou t h Suburban Metropolitan Recreation & Park District and the quality of the s ervices to be provided by t h e municipalit y will not b e lower than Lh c district in the t e rritory describe d he rein; a nd WHEREAS, South Suburban Metro p ol i tan Recreation & Park Distri c t owns no assets located within the territory annexe d to the Ci ty of Englewood. NOW, THE REFO RE, BE IT RESOLVE D BY THE CITY OF EN GLEWOOD, COLORA DO , a s follow s: Section 1 . That pur s u a nt to the provisions of Section 3 2 -l-3 0 4(1) (a) Colorado Revi sed Statutes, 1973, as amended, the City Counci l us the g overning body of said municipa lity, h e reby agrees to c o ntinue to pr ov~d e the servi ces provided by South Suburban Metropo li tan Recr eat ~o n & Park Dis trict to the a rea described in Sect ion 2 here o f wi thin one (1) year of the d ate of the exclusion o r de r and t h e q uali ty of se rvices to be prov i ded wil l not b e lowe r than the d istrict . • I . n c S e c Lio n 2 . ( • • • .. • Parcel 1 : Begin ning at the Northwe st corner of Plot 13 , Bell Isle Gardens, Arapahoe County, Color~do; thenc e South 12°55' East a di s tance o f 1 65.74 feet to the true point o f begi nnin<J ; thence continu i ng South l2°5 5 '.East fo r a distanc e or 100 feet , more or less, to a point on the Cit y Limits of Englewood, Colorado; thence leaving the City Limits of Englewood, Colorado, North 89°47' E ast a distance of 154 feet, more or l ess , to a point on the City Li mit s of Englewood; thence North 12°55' West a long said City Limi ts of En glewood a distance o f 100 feet, more or less; thence South 89°47' West and lea v ing t he City Limits of Englewood a distance of 154 feet more or less to the true p oint of beginn ing; said tra ct of land containing .35 3 acre s , more or less. Also known a~ 4635 S. Mariposa Dr., EDglewood, Colorado 8 0110. Parcel 2: Begin ning at the Northwest corner of Plot 13 , Bell Isle Gardens, Arapahoe County, Colorado, thence S outh 12°55' East a distanc e of S79.14 feet to the true point o f beginning, said tru~ poin t of beginning also b ei n g a point on the City Limits line of Eng l ewood, Colorado; thence continuing South 12°55 ' East along said City LimiL s of Engle wood, Colorado , a distanc e of 275 fe e t to the southernmost corner of Plot 1J , Bell Isle Gardens; thence North 08°05' East along the C~ty Limits of Englewood a distance of 271 feet more or less , thence S ou th 89°47' West and parallel with t he northern line of Plot 13, a dist~nc c of 99.6 fee t more or l ess to the true point of beginning; said tract of land containiny .30 7 acres more or. less. Also known as 4691 S . Mariposa Dr. Englewood, Colorado 80 110. -2- • I • ( ( ( • • • • Parcel 3 : Tha t pa rt of the SE l/4, NW l/4 , Secti on 9, Townshi p 5 South, Rang e 68 West o f the 6th Pr J IICl.[J.:tl Meridi an , Arapahoe Cou n ty, Co l o r ad o, d e~cr ~b el ~s follows: Beginning at the NW corne r of the S /2 of the NW 1/4, Section 9; thence South 89°5 4' East a dis tance o f 217 6 .4 5 feet ; th e nc e So uth 0°06 ' West a di stance of 42 feet to a point; t hence So u th 11°27' West 235.27 feet more or less to t1e t r e point of beginning; thence North 86°12' Wes t u distan ce of 486 .9 feet; thence South 10°4 7 ' W c~t a dist ance of 192.94 feet to a p oint on the c~ y of Englewood City Limi t s line; thenc e South 84°59 ' East along the City Limits line a distance of 508.19 feet more or l ess to the westerly righ t -of - way of South Santa Fe Drive ; thence Sou th 56 ° East a di stance of 313.96 feet more or l e~s al o ny the Ci ty Limits line to a point 30 fee t So uth o f the North line of West Tufts Avenue; thence e~s t e rly and le a ving the City Limits line a distan ce o f 47.46 fee t more or l ess to the ex tend ed c~nter J ~nc of SouLI• l.,.i nu ermerc Street: th<.;ncu Nu rLh 1 L 0 ;n ' East along the centerl i ne of South Wi nJurme r e Street a distance of 219.71 fe e t mo r e or. le s s Lo a poin t on the City o f Engl<.!wood Cit y L~mJ.L~ lt nc; thenc e wes t e rly 30.Gl fee t 1uorc: or 1 <~ss o~1o nq '"''" City Limits line to the westerly ri yht -o f -wa y u ( South Wi n de rmere Street ; th c nc f' North 11 o 2 7' r:.os l cilony ~~~d City L~mit~ l~nu ~ dJ.~L~ncu u f 4~1 -U J feet mo r e or less to <l p o int: on th0. No•-1·1, 1 in c· ,,· the S l/L NW l/4 Sectio n 9, 'l'owns l u p:, !:>ouLh , n.::~ng e 0fl West; the nce North U'J 0 ':i4 ' Wt•:-;1. .11 o n q : ... , o1 line, .:.~l ~o i.Je~tl<J the CJ.ty LJ.III J.L~ l~nc , ~u4 .0u ''-''~L more or less to the e,<:;terly rJqht-o f -w o~y of :;,.,,,, Santa Fe Drive; thence l ea v l.ng tht> CJ.ty LJ.IIIJ.L !.> line S011th 11°27' W0St o"llOn q l llf' ,~olsl"l·i-ly l i n•· <~1 . So uth S<.~ntcl Fe OrJ.ve a dJ.st .::~nc0 of 2'Jl .U~ LceL Lu .::1 poin t; thence North 06 °1 2 ' WL ::>L "di ::l .llt<.:c n f 125 .88 fee t more or less to thP. true pol.nt o f begi nn ing . Also k.n o wn as 4535 South Sclnt.:t re l..lrJ.vc , I::nqlc:woU<I Colorado 80110. -3- • I • • ( (. ( • • • - Parce l 4: A tr a ct of land in the W l/2 of S W l/4 uf N~ 1/~ of S e ction 9, Township 5 South, Ra n ge 68 West o[ th e Gth Principal Meridi a n , d e scribed as follows : C o uun e ncing at the Northwe st c orner o( Llw s w l/4 of NE 1/4 of S ect ion 9, Townshi p 5 Sou th, u~ngc GR West, the nce East along t h e North lin0 of the s w J /·1 of NE 1/4 of S e ction 9, Township 5 Sou th , Hung~ fdJ We st a distance of 330 f e et more or les s Lo the true poi nt of beginning, said true po in L of bc~in riing also being on the City Limits of En y l c wood , Colo rado; thence continuing East along su i d Cit y Limit s a distance o f 1 65 feet more or l c:ss; t l wnc~ South oo East along the City Limits o f En glewood , a distance of 660 feet more or less to t hL· cent"L·- line of West Tufts Avenue; thence West a n J lc:<~ v 1 n •J the C ity Lim its line of Engl e wood , Col o cu J<>, " dist ance of 165 feet more or l e ss; thence NoL·L:, a distance of 660 f eet more or l ess to thu t rue point of beginning . Said tract of l•tnd containi11q 2 .50 acres, more or less. Also known as 1485 W. Tu f ts Av e., En glcwouJ, Colo rutlo 801 10. Parc el 5 : Be y ~nning at the Nort he ast c orn er oL "c .. ·L 1 , Bell Isle Gardens Subdiv ision, Arapahoe County, Colorado, also bein g a point on the C~ty L1m1ts of En q .lcwood, Colo r.:tdo; then ce We st .:~lonq ,;.,Hl City Limits, also b eing the NOl.'th l~n e o( TL'iJ CL and also being the South riqht-of-way l1ne of W (~st •ruft s Avenue a dist a nce of 69.3 f~et mure u1· lc:;;s; thence North alonCJ City Limits line <l dJst .. ncL' of 10 f e et more or les s; thence West alon y a ll.n e paralle l to the Sou th line of We st Tu f Ls Av c nu<' a di s t a nce of 98.7 feet more or le:;s to Llt L' cent:e ,·- lin<.: uf S o uth 13l!VC t·ly Dr1v c:; L!J c:ll t.:L' ~:outl1 .ol011•1 1111 cente rline of South Beverly Drive a dl:;tan t.:c: of 135 fee t more or l<.::;s ; t h enc e West " d 1 ,;I .on c e• (,f 25 fe e t to a point on the City Lim1 u ; or En<Jlcwood , Color a do; thence South alon <J s :titl C i Ly l.JIIIIL!:i" distance of 125 feet; thence East a lonLJ C 1 Ly L 1 m1t s <.1 d.i.s t..lnce of 19"3 f~e t more or l cs :; Ln 1 h·· ~>o ullu ·.o::J corne r of Tract 11; thence NoL·th and !.e av 1 ng the C1 L.y Linu.t s <..~long the Edst line o f 'l'l"<~<:t 11 " d' s LdJK"c "r 250 feet more or l ess to th~ point of b cg L nn ~ng. Sa id tract of land containing 1.05 acrl.!s mo re or les s . Also known as 1470 W. Tufts AVL!., En(jl u woo.l , Col orado 80110. -4- • I • • - ( • • • • • Parcel 6: Beginning at the Northea st corner of Plot 3 , Bell Isle Gardens, Arapahoe County, Coloro.~do, whiG h is the point of intersection of the Sout h li n e of West •rufts Avenue and the West line o Z South Wind erme re Street; thenc e East along thL· So uth lJ.n <: of West Tufts Avenue 127.3 fee t to the tru0 p oint of beginning; thence North 10 feet; then c e West along a line parallel with the Sou th line of West Tufts Avenue a dist ance of 396 .1 3 feet 1110r . or l.c·~;s to a point on the City of Englewood City LJ.mits line; thence South 56°0' East along th e City Limits a dist a nce of 17.88 feet mo re or less t o Lhe Soulil line of West Tufts Avenue; the n ce Sout h ll 0 l9 ' \v(,sl along said City Limi ts line a dJ.s tancc oi 2~4 .~~ feet; thence North 89°47' East and leaving the CJ.ty Limits of Englewood a distance of 304 . l feeL Lo til'-· W sL l.1.nc of S outh Windermere Stre et; t llc:I H:e ~;ouLI• 166.79 fe et to a point on the City of EnylewooJ C1ty L.units ; thence E u st o.~lonq ..1 C:lll-V l' l<J Llw l <:l'l h<.~v J.ny <1 r<~dius of 4 5 feet thru :nso ~1 nd Lullowlll<J th CJ.Ly LimJ.ts a distance o f 168.7 feeL; Lh en~e 'orth 35 ° West 52 .1 feet to the E ast lin ,• of So u th Wln~ 'l"llh.!Ce Street ; th1..'11 CI..' NOI'Lh ._tlOnlJ Lli<· C i ly LJ.mJ.Ls a dJ.sta nce of 100.0 feet; thence ::;outh 89 °4 ' West a distanc e of 10.0 feet lllot·v o•· lL:;;s to the East right-of-way line o f South WJ.nderu~re Street; then ce North alonCJ suid right-of -w .~y J'"'' a dJ.stance of 25 0 feet more o r ll.!'=i'=i tu "' puinL '"' the So uth li ne o f West Tufts Avenue; Lil cnc._. Ed:.;L <~lon<J s <.~id South line a tli.st .... ncc of B7 . -~ f<·eL L(J Lhe Lrue point of ~eyinning; so.~id ~ar~el u[ lo.~nd containing 2.232 .1cres more or less. Also known as 1600 West 'l'uft;; Avenue , Enq J c:wouu , Color udo 80110. ADOPTED AND APPROVED thi~d ay of ~~~ Attest: Mayor ----~~--~~-=~~~~~~~-5-ex offJ.c io City Clerk-Treasurer • ' 1979. I • ( • • • • I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and forego}pg is a true, accurate and complete copy of Resolution No.~, Series of 1979. Dated thi~day of J~ , 1979. ex offic~o City Clerk-Treasurer -6- I . f ... • • • M E M 0 R A N D U M 8 A ------- TO: FROM: Jim Curnes, Assistant City Manager~ Hugh Brown , Administrative Assistant DATE: January 31, 1979 SUBJECT: 1979 CITY TRAINING PROGRAM Attached are the 1979 training proposals for the City's general employees, and the Fire and Police Departments. For general employees , the emphas is will continue on safety, with considerabl e att e ntion also devoted to effective public relations, orientation o n City policies and procedures, and skill development . The Fire Departme nt is using t9e proposed state certifi- cation program as a guide i n training firefighters. Although certification appear s to be a year or two away, the criteria for the program are well-developed and will serve to prepare Englewood firefighters well f o r ce rtification when it becomes available. The drill tower wi ll be used considerably and will be very beneficial for this type of training, In addition, medical training will be emphasize d with the goal of having all firefighters EMT-train e d at the minimum by the end of the year. As mentioned in the program d esc ription, seventy per- cent (70%) of the department's eme rg ency responses are for medical assistance . The Police Department training program provides skill development training for all positions. Much of this is ac- complished by in-bouse, through in-service training, training bulletins, and firearms proficiency. Regional and state law enforcement agen cies are utilized for training of recruit personnel and communications and records personnel. With recent promotions to k ey supervis ory and management positions, training for these positions will focus on program planning, implementation and evaluation plus personnel supervision and evaluation . • I • • Maoorandun to Jim O.irnes January 31, 1979 Page 'IWo • • • Each portion of the City training program includes out-of-state travel. It is :recrnmended this travel be ;qJproved to the max:inun expend.i ture of $4000 for the General and Fire program;; and $4500 1 for the Police training program. All requests for travel will re;- quire approval fran the Training Officer and the City A"-nager prior to any expenditure . Iss cc: Mel BeVirt, Eiq)loyee Relations Director • I . -• • • 1979 TRAINING -GENERAL EMPLOYEES During 1978, the intent was to identify training needs among the group of non-emergency employees and to then provide a variety o~ training opportunities. This was accomplished as reflected by the following sampling of training topics offered: auto mechanic certification land surveying parks turf and irrigation maintenance building inspection asphalt paving energy conservation public relations and telephone courtesy In addition, the safety program proceeded as planned with safety courses, the purchase of safet y equipment, and the work of a supervisory committee on developing a City safety manual. For 1979, the emphasis on safety will continue as a key portion of the training program. Employee support has been excellent with employees and supervisors offering suggestions an .\ their cooperation . By mid-year a 'afety manual is exp ected to be completed and it will be used as a basis for training and as an enforcement tool toward safe working prac- tices. Safety equipment will also continue to be purchased when needs are identified. Part icular areas of concern have bee n in shop, traffic and construction areas wh e re the risk of injury to employees is the highest. In cooperation with Fire Department paramedics, classes in first aid and CPR are being offered to all employees. Each work area will be required to have at least one trained person. A new element in the training program for 1979 will be increased attention to orientation and re-orientation of employees toward City policies and procedures. Components of this training will include : 1) Revising and distributing the Employee Manual to all employees. 2) Orienting new employees to: a. City poli ci e s and procedures, b . the City's rich history, and c . the role of t h e emp l oyee in the delivery of service to the City's r esident s. 3) Re-orientation of employees after each five years of service. 4) Pre-retireme nt planning offered to all employees, particularly those with in five years of retirement. • • I • • • • • 1~79 Training -General Employees (Continued) Training dir ected toward specific skills will continue to be offered and will touch on all three c a~eg o r ies of classified employees - clerical, labor/trades, and administra ti•e. In all areas, public r el a- tions will be emphasized , particularl y ~ ncent rat ing on the importance of each employee making a positive cont.:ri bution to the citizens'' image of, the City. Several employees and departments benefited from the opportunity for out-of-state travel in 1978. The departments were prudent and selective in their requests and, overall, the technical seminars and professional conferences made a significant contribution to the train- ing program. It is recommended that the 1978 amount , $4 ,000, again be approved by City Council as a maximum expenditure for out-of-state travel with requests to be approved by the Training Officer and City Manager. Conclusion The 1979 program will build on the first year base of 1978. As employees become aware of opportunities and see results of their sug- gestions and contributions, the training program becomes more rewarding to both the City and the employees. It is with recognition of this mutual benefit that the comprehensive training program for general employees embarks on its second year. -2- • I • • • • • • ENGLEWOO~ FIRE DEPARTMENT TRAINING PROGRAM 1979 The training goal for the Englewood Fire Department in 1979 is to develop a comprehensive training program that will increase our professional competency within each area of responsibility. Areas of concentration for 1979: I. Certification The state of Colorado is pursuing the adoption of a state certification program that will es- tablish minimum standards for firefighters. Once adopted it will be applicable to volunteer as well as paid per- sonnel. In lieu of the fa ct ~hat it may be from one to two yPars before we are in receipt of this program, the Englewood Fire Department will proceed on our own, utiliz- ing the same criteria as provided for in the state program. A. Recruit Training There are three levels of pro- ficiency to be met throush c e rtification, each one spanning a year in length. Our recruit firefighters will be exposed to level #1 during their probationary period (1st year). Upon completion they will be cer- tified at the level of Firefighter I. Training con- tinues for the next two years, at which time each fire- fighter will be certified at the highest level, Fire- fighter III. All personnel will be closely monitored and evaluated by our Training Division on a q uarterly basis during this 3-year pe r iod. Evaluations are comprised of written and prac tical examinations, and performance evaluations. Subject matter encompasses twenty -eight specific areas relative to the functions of a firefighter, e.g., ropes & knots, l adders, hydraulics, hose practices, first aid, etc. The intent is to increase "knowledg~" and "physchomotor" skill levels to insure that eac i1 partici- pant me ets or e xceeds minimum standards as specified throug h the Na ti onal Fire Protection Associ ation, Standard 1001. • I • • • • • • B. Company Training In addition to insuring that our recruits are properly trained, the certification pro- gram will provide the basis ·for in-service company level, fire suppression training. Two of the twenty-eight subject areas will be covered each month with the goal of having the entire department ready for certification in 1980. C. Volunteer Training Volunteers are primarily 'support personnel, with the gfatest percentage of time allocated toward fire suppressi activities. Although they do assist in other areas e.g., special duty assignments, fire prevention. The fore, their training needs can be realized by following the same certification program we ar~ offering our paid personnel. Implementation, monitoring and evaluation will be pro- vided through our Training Division, and the majority of the classroom sessions and "hands-on" evolutions will be coordinated by our in-service personnel. II. Drill Tower This facility is shared with Litt~eton and the maintenance, allocation of time, and the cost of pur- chasing training supplies are divided on an equal basis. Additionally, each year training aids are purchased that greatly assist our fire suppression training. Last year our major capital expenditure was for an "inflatable net". This year we a r e purchasing rescue manikins to be used in our smoke tower, and a storage shed. III. Emergency Me d ica l S e rv i ce Our EMS system has grown to the extent that it now commands seventy percent of the total emergency r e sponses, and continues to expand each year. We feel that the services we provide the citizens of Englewood are unparalled in the metropolitan area. For our personnel to mainta i n a high level of proficiency, it is imperative that eac h one be k e pt abreas t of ever changing medical tech- niques thro ugh an o n-g o i ng training program. There are two essent i a l c o mp one nts in the EMS system: -Emerg en:y Me d i c a l Technician A p erson at this level has qualifications above advanced first aid, but below that of paramedic. The ir primary function is to provide basic life supp ort and to assist our advanced life support teams (paramedics) during field operations. It has be e n a d e p ar tmental goal for the past few years to have all firefighters certified to at least the EMT level. Last year we manag e d to tra in twenty-nine personnel, and with only twenty l e f t t o c erti f y , we expect to achieve that goal by the end of 1 9 79. Cost of tra i ning each student amounts to $100.00 a nd r equires 93 h ours t o comp lete the course. -~- • I • • - • • • • -Paramedics These personnel are highly skilled tec h nicians and once trained become an extension of the emergency room physician in the field. The responsibilities of this posi tion are to treat and stabalize the sick and injured, and trans- port to the nearest medical facility for further treatment. We presently have one rescue unit in service and nine quali- fied paramedics on the department. With our second unit going into service this year, we -intend to expand that num- ber to a minimum of fifteen. In 1979 we have budge~ed for five EMT's to be trained as paramedics. i I Training is offered through Swedish Medical Center and cos t is $1,050.00 per student. Each class lasts eleven weeks a n d during that time we totally lose the services of these per- sonnel. Providing this service is extremely costly, but the positive benefits derived by the citizenry, we feel, more than offset the negative cost factors. Continuing education in the field is a necessity for both EMT's and paramedics. EMT's maintain proficiency through d e - partmental trainin g programs and must be recertified every three years . Parame~1cs must participate in 150 combined hours of ~lassroom lectures, in-hospital skill maintenance, and in-service training e ach year to maintain their credentia ls. IV. Physical Fitne ss It is our belief that a physically-fit firefighter is a prerequisite in providing good fire protection. Recent studies have shown ~hat fifty-five percent of all fire-• fighters that die in the line of duty, do so from heart attacks. There fore, last year we implemented a mandatory physical f itne ss program for all line and staff personnel. Each morning, between the hours of 7:30A.M. and 9:00A.M., each firefighter p articipates in our conditioning program. Training consists of fifteen minutes of stretching exer- cises and the n everyone either walks and/or runs a total of two miles. For those so inclined, the Universal gym at the Police-Fire Complex is also available to them. v. Training Schools (I n-Sta te) A. Colora do Fire Marshals Seminar This is an annual sym- posium des igned to dissemi nate new and updated information about local fire prob lems, e.g., methane migration, vapor recovery, cellious in sulation, etc. We will send f ive per- sonnel, three f rom t he line, two from Fire Prevention. -3- • I . ( • • • • B. Intern ational Association of Elcctric~l Inspectors Co n- ference -This is a two-day code conference where new and existing codes are discussed and clarified. Conference is usually held in the metro area. Two captains from Fire Prevention will be sent. C. Denver Arson Seminar This is a basic and continuing education program for arson inves~igators. We have three line personnel that investigate fires and through th ~s yearly training we can maintain their skill level. This year four officers will attend this seminar. D. Grant Proposal Trainin~ -This is a one-day seminar teaching methods and techn~~ues of writing successful grant proposals. One c aptain and the Fire Marshal will be sent. E. Plan R •~view Seminar One of the functions of our Fire Prevent~on Bureau ~s to review construction plans for fire protection requirements. This seminar is held in Colorado Springs and is thre e days in length. Two captains will be sent. F. Hazardous Material nar to be held in the ference is to prepare the problems inherent Four of our personne l This is a five-day national semi- Denver area. The intent of this con- emergency personnel how to address in the handling of hazardous materials. will attend this conference. ' G. Supervisory Development This is an introductory course for supervisors. It is for five days and is taught in the Denver area. Three of our rewly appointed lieutenants will attend. , H. Leadersh ip Development This is a national seminar (2-day) sponso red b y the International Society of Fire Service I ns tructors. It will also be taught in the Denver area, and two lieutenan ts will be sent. Major emphasis is on personnel management skills, motivation, attitude adjust- ment, and leadership style and techniques. VI. Out-of-State Training Schools A. Fire/Acson Investigation Our fire investigator will be sent to this school. The school is in Minneapolis, Minne- sota and is ten days in length. This is the most comprehen- sive cour se offered in the United States on fire/a rson in- vestigation. • -4- • I • • - «r • ( • • • • D. Life Sufety Code Confcr€ncc It ls a Peucral requLre- ment that some institutions (hqspitals, nursing homes, etc.) follow the requirements promulgated through the Life Safety Code, NFPA 101. In that we have a number of those occupan- cies within our jurisdiction, it is important that we keep abreast of all applicable codes. One captain from Fire Prevention will be sent to 1;his five-day seminar. C. United States Fire Administration Conference This conference concerns i~s~~~th all aspects of prov~ing fire protection, e.g., fire prevention, public education, training and safety. One Division Chief will be sent this year. D. Fire Service Instructors Conference Our training coordinator will be sent to this conference. It will be held in Memphis, Tennessee, March 19-22. This conference will cover a wide range of specialized "fire service• related subject areas, which include instructional skill building, training program supervision, prevention and detection, technical operations and fire safety education. SUMMARY OF TRAINING I. Certification A. Recruit Training B. Company in-Service Training C. Volunteer Training II. Drill Tower III. Emergency Medical Services A. EMT B. Paramedic IV. Physical Fitness v. Training Schools (In-State) VI. Training Schools (Out-of-State) -s- I • - • • • • POLICE DEPARTMENT TRAINING PROPOSAL 19 79 Th e department, in developing a comprehensive training stra t egy for 19t9, has establi s hed the following goals: Command Staff (Captains and Lieuten ants) ~1anagement training and education geared to developing an or~anizat i ona l management team and improvement of ind ivi dual staff member skills in administration objectives, identification of needs, goal setting, establishment of planning, development, and implementation of pr ograms . First Line Supervision (Sergednts) Our goals for training for first line supervisors are in dev~loping these personnel in superv i sion trai ning s kills and evaluation of personnel, and setting and evaluating goals and objectives for their subordinate units a nd personnel . Investigators Our goals fo r investigators are geared to development of technical skills. Specific areas of concern are: Homicide i nvestiga t ions Sex crime investigations Robbery investigations Burglary investigations Auto theft investigations Patrol Officers Our goals for the patrol officers are to develop more interest and skill in the area of human relations to enable the officers to deal more effectively ~~ith ci ti zens. Also, to improve their level of competence i n the f undamen t als of accident investigation; preliminary investigation; crime s cene preservation; identification, preservation and collection of ev i de nce . The following positions are not cove red under the pol i ce training budget, however, we do suggest the f ol l owing goals tor their training in 1979. Law Enforcement Aid es Managem ent and contro l of r e cords systems, computer terminal usage, and huma~ rela t i ons. • • I • •' I ( \ • • • - Cuu•uunicators Com~o~uter tenninul usuge and human relation s. Luu Te~:hni~:iwnl> u~~~1opment uf spec 1r 1c skills in culor processing, fingerprint identification and comparison. Animill Wardens H~n relations. I n-Stilte Tril i ni nq The Regional Law Enforcement Association in cooperation with O.R.C.O.G. has established a number of one, two, three, and four-day schools dealing with specific topics in law enforcement . We will again be sending a number of our officers to these schools at various metropolitan police ~epartments participating in this program. Other than regular salaries, no expense is involved as we are grant participants. In-Service Training Programs Eight-hour in-service training program for field supervisors in developing training skills of field supervisors. Eight-hour in-service training program for field supervisors and watch co111nanders in personnel evaluation, and setting and evaluating goals and objectives for subordinates. _ Sixteen hours of in-service training for all departn~ntal personnel, including civilians, in human relations~ i.e., development of employees to deal more effectively with citizens. The department publishes a training bulletin bi-monthly. This bulletin addresses specific problems of department-wide concern, court decisions, revision in laws and general interest information to assist the officer in the perfonnance of his duties. Costs are minimal, as the training bu"l"letins are printed in-house through Central Services . rircanus proficiency training insures that all COlllnissioned officers are scheduled on a r egu lar basis to shoot a time and endurance course, to achieve and mainta i n a qualifying score, to receive supervision and personal instruction in the handling and use of firearms, and to provide the ~ange officer the opportunity to inspect all weapons for safety and operat1ng condition. This training is fully documented and becomes a part of each officer's training file. This type of training must be provided for the officer's own safety, the safety of the public, and also to protect the city against suits for damages resulting from t~e.acti~ns of ;~adequately tr<~ined officers. The department has four cert1f1ed f1rearm~ 1nstructors, and all training is provided in-house using the EPD pistol range. • I • • - • • • • -3- Rbll Call Training Effective February 1, 1979, the patrol division will undertake a team shift concept that leaves one day a week for each shift as an overlap day. One of the designed purposes of this overlap day is to provide time for training. Roll call training will be conducted by utilizi1ng departmental personnel and some outside instructors in the areas of preliminary investigation, crime scene preservation, identificatio~. collection and preservation of evidence. Recruit Training Recruit training is a mandatory requirement established by Colorado State law and requires that every peace officer be certified as having met the minimum standards within one year from the initial date of employment. This training consists of 400 h0urs (10 weeks) of classroom training and 40 hours of in-service training. This training must be received at an accredited police training academy. The Eng l ewood Police Department has been utilizing the Regional law Enforcement Training Academy for training recruit personnel. In addition to the recruit training academy which provides general law enforcement training, the Engle1~ood Police Department provides a one- week orientation program upon the recruit's initial appointment. The purpose of this program is to familiarize the recruit with the various divisions of the department and their functions, policies, procedures, city government and organizational hierarchy of the department. Addition- ally, all necessary equipment and uniforms are issued, as well as specific orientation as to police ethics, discipline, and an overview of depart-mental goals and objectives. Reserve Officer Recruit Training Reserve officer training for 1979 will be essentially the same as 1978. Training for Civilian Personnel Training for law enforcement aides and communicators is conducted at the Colorado Bureau of Investigation or Colorado law Enforcement Training Academy facilitie s. This training primarily deals in computer terminal usage and advanced communications skills. There is an inabili ty in the State of Colorado for much formal development of an individual in forensic sciences. In March 1979 we are anticipating the loss of two of our three lab technicians. Therefore, we anticipate the need for some specific education for new personnel in the areas of fingerprint identification and classification. We anticipate some schools in this field to be open later in 1979 . • • I • ( • • • • -4- Out-of-State Schools 1) F.B.I. Sectional Training for Police Executive Graduate~ of the National Academy, Los Angeles, California-2 Captains I 2) I.A.C.P. Management of Police Discipline Program , San Fran- cisco, California - 1 Captain · 3) Northwestern University, Police Personnel Officer Development , Evanston, Illinois - 1 Lieutenant 4) I.A.C.P. Management of Police Records and Communications , San Diego, California - 1 Lieutenant 5) Northern Colorado and Southern Wyoming Law Enforcement Associa- tion Homicide School, Cheyenne, Wyoming - 2 Detectives • I . ' • • • • ~~ EVALUATION OF 1978 POLICE DEPARTMENT TRAINING~ :Iiiii' Recruit Training I The department sent a total of eight recruits through basic recruit training (10 weeks of academy training plus one week of departmental in-service training) in compliance with Colorado state law. Reserve Recruit Training The department held a 96-hours reserve recruit academy in 1978 for seven reserve recruit officers. In-Service Training The department presented an 8-hour in-service training class on supervisor/subordinate relationships, and a 12-hour in-service training class on accident investigation. The department cooperated with the Denver Police Department in the production of several video tapes to be used in a Denver Police Department in-service training class on stress management. As a result, the department is also sending officers through this in- service program . The program is 24 hours for each officer, and will continue with two of our officers participating each week into 1979. Special Schools 2 Captains F.B.I., Colorado Springs, Stress Management and Terrorist Activities 3 days F.B.I., Cheyenne, Vicarious Liability 3 days 1 Lieutenant Southern Police Institute, Louisville, Kentucky, Law Enforcement Training, Managing and Instructing 2 weeks (80 hours) 2 Patrol Officers National Crime Prevention Institute, Louisville, Kentucky, Crime Prevention and the Elderly 40 hours 1 Lab Technician F.B.I . National Academy, Quant ic o, Virginia, Fingerprint Identification and Comparison 40 hours • t I • • • • • -2- ~ 4 Patrol Officers Defensive Drivers Instructors Class, Englewood 12 hours University of Denver Intergovernmental Management Seminar 4 supervisors one-half day a week for nine weeks 1 Officer 1 National Crime Prevention Institute, Ft. Collins 4 weeks 1 Detective Robbery Intelligence Seminar 3 days 3 Officers Colorado law Enforcement Training Academy, Crime Prevention Seminar 1 week 1 I n vest i gator Auto theft seminar 8 hours 1 Sergeant Regional law Enforcement Association, Management Seminar 24 hours 1 Sergeant Colorado Law Enforcement Training Academy, Supervision School 1 week 2 Officers, 1 lab Technician University of Colorado, Boulder, Noise Control Seminar 1 week 2 Officers Colorado law Enforcement Training Academy, Air Pollution Seminar 2 days 2 Co11111unicators Colorado law Enforcement Train i ng Academy, Dispatcher Training 3 days 2 Lab Technician ~ Colorado Law Enforcement Training Academy, Advanced latent Fingerprint Techniques 1 week During 1978, 20 officers attended schools ranging from one day to three"days presented by the Regional law Enforcement Association on crime prevention, field survival, supervision, and report writing . • I • • - \ • ( • • • • -3- ,Tsaining Bulletins The department distributed a bi-monthly training bulletin regarding specific departmental concerns, court decisions, revision in state laws, and changes in procedures, both within the department and organizations outside the department . • I • - • • • • • • MEMORANDUM TO : FROM : DATE: Mayor and Members of City Counc i l Andy McCown, City Manager February 15 , 1979 ~b SUBJECT : RECOMMENDATIONS ON AWARD OF BID FOR COURT/COUNCIL FACILITY My recommendation to the Council is to award the contract for remodeling the Court/Council FAcility to Maranatha Construction Company in the amount of $113,949 . This is consistent with Option tl of the memorandum dated February 1, 1979 to build the entire project as designed and specified, except for the seating arrangement of the Council and Judge. The new U-shaped seating arrangement as shown in Attachment A (City Council seating) and Attachment B (Court seating) provided better visibility of the other Council members as well as with the audience. This recommendation includes the construction of the movable partition and the toilet facilities for the Judge's office and the jury room. The partition will allow us to utilize the north area much more effectively. It will provide a meeting room separate from the immediate Court/Council area for our staff and citizen groups. We have found that most of the group meet- ings have sixty-five people or less which this room will comfor- tably seat. Without the partition we would use the north area on arraignment mornings (once each week) and the one or two times each year when the audience numbers more than the fifty- four bench seats available . Constructing the total project will cost $148,000 based on the following: Maranatha Constru c t i on bid Smoke detection Carpeting (south areas) Voting system Sound system Furniture (Court/Council room only) Telephone hook-up Sewer tap fee Architect fees Contingency Total $ $ 113, 949 1,339 5,183 3,000 1,000 4,550 200 1,501 11,000 6,278 148,000 I • • • • • Memorandum Mayor and Members of Council February 15, 1979 Page two There is presently $100,000 in the PIF budget. Other funds available to finance this project are: ..... $ 100,000 15,000 25,000 6,000 3,000 $ 149,000 . //;;' . 1'7 c (fi1f""Y'.. CCOWN bjs Attachments Current budget Zuni Street estimate is $15,000 below current budget of $65,000 Fund balance ~~urn Revenue Sharing Funds PIF Fund Balance Additional Use Tax from January 1979 receipts Total funds available I . • - • • ATTACHMENT A (( I . . ' • • - • • ·. ATTACHMENT B 0 • • I . • • • • - l( • • • • • MEMORANDUM TO: Andy McCown, City Manager FROM: William D. James, Director of Finance Gary R. Diede, Director of Engineering Services DATE: February 1, 1979 SUBJECT: Court/Council Facility Bids Sealed bids were received by the office of the Director of Finance on January 25, 1979 for the remodeling of the Court/ Council facility. The bids con sisted of a base bid and five deductions alternatives in order to isolate some of the con- struction costs as shown in Attachment 11. The total budget for Court/Council facility is $100,000. Maranatha Construction Company had the low base bid of $113,949. Not included in th•! base bid, but items recom- mended for your consideration to complete the projec~are as follows: Smoke detection $ 1,339 5,183 3,000 1,000 4,550 Carpeting (south areas) Voting system Sound system Furniture (Court/Council room only) Telephone hook-up Estimated Total Additions 200 $ 15,272 We are suggesting five alternatives for your consideration: OPTION 11 -Complete project (base bid) Low Bidder (.+1A"-~N A-r .. u>) Additions Sewer tap fees Architect fees Contingency Total Option tl • $ 113,949 15,272 1,500 11,000 6,278 $ 148,000 • Budget • Over Budget $ 100,000 ($48,000) I • - ( • ' • • • - Andy McCown, City Manager Court/Council Facility Bids February 1, 1979 Page two OPTION 12 -Com12lete 12roject less 12artition (Base bid-Alt 13) Low Bidder (/'YIA.CANA TH A ) $ 107,449 Additions 15,272 Sewer tap fees 1,500 Architect fees 11,000 Contingency 6£778 Budget Over Budget Total Option 12 $ 142,000 $ 100,000 ($42,000) OPTION 13 -Com12lete 12roject less toilets (Base bid-Alt 14) Low Bidder (LIL..,.C/) (C4-!0~1<.) $ 107,300 Additions 15,272 Architect Fee 11,000 Contingency 6£425 Budget OVer Budget Total Option I 3 $ 140,000 $ 100,000 ($40,000) OPTION 14 -ComElete ~roject less 12artition & to pets (base bia-Ait 1 , 14) Low Bidder ( LIL .. fllt<.l> .! at.Att"-) $ 101,300 Additions 15,272 Architect fees 11,000 Con.tingency 6£428 Budget over Budget Total Option I 4 $ 134,000 $ 100,000 ($34,000) OPTION IS -Reject all bids Although the architect's estimate for the complete project is $120,000, it is felt that re-bidding the project will not pro- duce substantially lower bids. If Council choses to re-bid, the specifications would have to be changed and the project re-designed to reduce the costs. At this time, the preliminary audit figures for the PIF are not available. We should have a good estimate of funds available ::;~ 2~ncil meetin~~L:!.::=~J!!:;:-O::~~~· ~------Wffi1~ /~· Dl.~ Director of Finance Director of Eng1ne~r1ng Serv1ces /bjs I • I • • • • •' • A'TTACHMENT I I COUR~COUNCIL FACILITY BIDS a 'i a\ ~~ ~ '(!~ ~~ a'<'~ 0~ (II~~ a~~ ~~ (ll~(ll('l ~ ot" ~o~· (11~-j( $ ~~ ~0 ~~ ('l~ ~ ('l o('l~ 0~ o('l t'C t'C Ill f' ConstructioJ Maranatha Construction Co 113_,949 5,250 8,050 6,500 4,700 13,000 150 Llllard ' Clark Construction 115,000 2,200 5,200 6,000 7,700 13,000 120 Palmer Enter- prises 116,900 4,116 6,250 6,313 6,441 12,900 120 Frank Hall ' Co 117,500 4,000 20,000 6,500 5,000 10,000 150 McNabb Construe- 1 tion Co 122,900 3,000 12,000 6,500 7,000 14,000 Charles Williams 125,000 7,313 8,834 7,040 8,296 11,600 120 Cirbo Construe- tion Company 139,000 5,500 12,200 6,300 4,200 16,000 150 E. T. LaFore 162,160 3,384 19,159 6,313 7,276 16,782 120 Gco. Allen Construction 168,439 8,324 11,150 1,2a6 10,824 13,950 130 I . • •• • • - ( { • MEMORANDUM TO: Andy McCown, City Manager F ROM: Er nest P. Roman s ·i · Director, Parks & Re cre ation DATE : Fe bruary14, 1979 • • • SUBJECT: National Re creation & Parks Association Midwest Regional Confere nce l am requesting permissirn t o a tte nd the 1979 Midwest Regional Confere nc e to be held in Sioux Fa ll s, South Dakota, April 22 -24, 1979. This conference includes the s tates of Co lorado, Kansas , Nebraska, North Dakota, South Dakota and Wyoming. l will represent th e State of Colorado a t thi s conference and also have an assignment to s peak on Propos ition 13 and Its Impact on Park & Recre atim Se rvices on Wednesday, April 2 3 , 1 979 . • • I . ( • • • .. • MARK ·-YOUR : CALENDAR APRIL 22 . .:2q1 : 1979 TO ATIEND THE ..• ~. . I • ..• .. .;. .. -:. : I . N.R.P.A. MIDWEST REGIONAL CONFERENCE f~t~ ( ----------~---------~~~!~~~-~~~~~~!~-~~~~!~-------,---~;~;~-:~;_J "HUMAN SERVICES IN TIME OF CRISIS" \.__.. . . KEYNOTE SPEAKER MR. JD1 HADAWAY -DIRECTOR OF PARKS & RECREATION1 LOS ANGELES1 CALIFORNIA CONFERENCE HIGHLIGHTS EDUCAT-ION FORUMS HUMAN & fiSCAL BESOURCES:. PERFORMANCE: To include session on; Funding; People; Legislatic>n; and Fitness after Fifty... · '•'' : : I To include session on Management;· ·Personnel; Budgeting; and "Accountability; Documentation and Research.". · · · -: · · · --- CREATIVITY AS A RESULT . To include session on;· Image; ·'Trends; OF EVALUAII ON: Evaluation; :and Creative Le1sux:e ~o~nl!~ling .• The three Forums will consist of in-depth 'discu;sions :~nd will c~ver the ~reas of : . Programming, Maintenance, Management, and Therapeutics. No matter vhere your • .. interests lie, be it Recreation, Parks, Therapeutics, .or as a Co111111iasioner or · :-·i Board Member or Student, the sessions are geared to be of interest to you.· ·'. ·.. '': • . . . ••• ... . ;,: 1 ... OTHER CONFERENCE ACTIVITIES : . *STUDENT SESSIONS *JOB NART *EXHIBITORS' SOCIAL *cO MMERCIAL EXHIBITS ' *ALL CONFER~HCE BANQUET *oN-SITE INSTITUTES , · l I , · *TOUR OF CITY :EACILITIES ••••••••••••••••••••••••••••••••••••••••••••••••••••• * SAVE $5------SAVE $5-·:----SAVE $5----:..-SAVE $5 * * * : •••• ~r.fB~;B~~!~I~~l~~.f~l2B.I2.~6~~.iQ,.l~Z~ ••••• : YOUR HOST Sioux Falls Parks & Recreation Dept. 224 West 9th Sioux Falla, S . D. 57102 'Ken Munro, Director FOR ADDITIONAL INFORMAT~ON CONTACT Frank D. Cosgrove, Regions Director ' N.R.P.A. Western Service Center P.O. Box 6900 . Co~orado Spring s, CO. 80934 Phone: (303) 632-7031 • ........ ~- I . • . '~'..,., .. .:,· ; ~ -00 " \0 ~~ ~~ .... C/) r"'>i ~~ NH -""0 • :z: .... ~ \0 > ~~~ C/) ~~~ e I ..,~ g:g t::~ . >i .... cno ~~ g ;;a 1:<1 ~ Q .......... 0' -'·~··. ,~, r mw:x>mo • z~mzo G>O(")G'IN IOXIr"N m mmo- £V\l>C_,... Cl0-<0 oc ..... a 0-<00 IZ .., mn> r-OXI >3:>< -<::J:V> .......... I Vl"" VI .... Cl z I ..... a i CD ! 0 I .... i .... 0 • • • -. , ..... r:: .. ,·::-rr, ..... ;:: ~·:.~ .. ·-r;~::·:·· ,,.~< ;-· ~:J ~' ·:·~~:.:.'~"~:~~:-~-·r . ,,r ~.':l·;:-s: ·;:-:-<:~_. .. .,.. .. _.:--3:-:-.. -. . '\ § ... ~ ... a- ~. g ? .I (")"d:;!S 0 0 Ill 1-'111 .. o ...... ... 0 Ill 0 ~ r:loHIIII 0 .... 1-' .... en n :>!' ., Ill Ill "' . n .... til ... ~ 0 Ill co >C Ill Ill .. . "' .... n(g8 00 • Ill co B. 0 \0 ., w Ill """ ... .,.. ·.~. : i: ... Ill J g .I: .... g (") :z: ;:~ ~8 ... 0 en I a. . '"<~ .... :0 ... ,.cnJ;>"do oo ...... o"""' :z OQ t::l en ...., 0111 >in • • i!!) wn r::l~ coo 1:'1 N• PRE-RIDISTRATIOlf FORM "' FOR ALL....COt!FERENCE PACKAGES ONLY HMm. ______________________________________ __ ~DRESS. __________________________________ __ CITY STATE ZIP _______ _ TITLE~--------------------------------------- Make check payable to NRPA, and return to Frank D. CosgrotJe, P.O.· Bo: 6900, Colorado Springs, Colorado 80934 · Check One: (These are pre-registration prices, registration at ConfereriCe will coat an additional $5. 00) ( ) Member pre-registration package ••••••••• $45.00 ( ) Non-Uember pre-registration package ..... $50.00 ( ) Student pre-registration (N~ meals);~ ••• $10.00 ~ •.. FINAL DATE TO)RE-RIDISTBR IS tiARCH .3~, 1979 · ''iio reft.md~ will be ;.~ after the pre:registr"ation deadline. .•1 ,·. ! RA!fADA IriN---AIRPORT 2400 N. Louise Ave,· (HOTEL RESERVATION FOR!t) NATIONAL REC. & PARK CONF. Sioux Falls, S.D. 57107 (605) 336-0650 HMm~--------------------------------------- ADDP.ESS P!!O!IE ( ) _____ _ CITY STATE ZIP ________ _ I will arrive I /1979 @. a.m.___P.m., and will depart I /1919 @ ___ a.m.___p.m. Type of Accommodations (Circle One) Single @ $18.00, Double @ $23.00. Reservations will be cancelled at 6:00 p.m. unless late arrival is guaranteed. RETURN TillS FO~.l1 DH.ECTLY TO THE R.hJ1ADA HIH---AIRPORT I , . • • • • - INTER-OFFICC: WMORANDUM Andy 1'\c Cown, City r•l. .. m a g e r DAn!: F e bruary 1~. l ~JY fROM: Stu f'un da, Dire cto,· of Utili ties SUQ.II!Ci• FROL:EN WA'l'ER !:;!::!NICE LINES This winter has b e ·n the second coldes t on record in Col oc a clo. 'rhe average temper .... ture this year for the months o f Decellllle r and January was 21°F. The normal average temperature fo r thes e two month s is 32°F. A s a result of this prolonged cold spel l the frost depth is gr e ~ter than normal and numerous water s erv ice lines have frozen. 'l'he purpose of this paper is to a n aly <:e the cause of service l i ne freeze-ups, and to discuss solutions , and costs involved. During an average winter the frost in our area penetr ates t o a depth of about two f eet. This winter the frost depth ha s pene- trated to a depth of four to four and a half feet. The in crease has c a used numerou s water service lines to freeze. netw ~c n Decembe r 28 and F eb ruary 10 Englewood's Utilities Departme nt responded to abou t 290 calls in regard to frozen water l in e problCIIIS. Under e xisting Ci t y Code the water service line is owned ~nd mainta ined by the h omeowner. The homeowner is, therefor e , respo,,::;ible to reth•ir or replace his service if it d o c ::; rcee ze. The c u ::;t to replact.! or repair varies depending on the sp~c ific case. The homeown e r can elect to have the service line rep laced or th <..~wed. In ei ther case this proposition is expen s ive .. A wel i ng company •::; o f ten obtained b y the homeowner to Ll •u w his s e rvi c e line. A con nection is made to two points al o n ~ Ll e ser- v j c e I i nc ~nd thl' ,·uc rent thu.ws out t he line. '!'he nor11 1d l c..:o s t o f Ll 11 :.; work i::; ..,JJu u l $100.00 when ex c .:~vo..~tion i s n oL r...:qt11re d. Two co..~::;es wh e r e c x c..:o..~v a tion was requir ed cost the ho m~own ·r ::; $1100 a nd 1300. I L should be pointed out that this s o lu ti on i s both temporary and hazardous. Should the frost remai n a t t he same l e vel or reac h this level at a later date, the se rv ice line is again expo :.;e d to freezing. The current genera t ed b y the we l der can b e Lransmitted into the homeowner's o r n eiJ hbor's e l e ctr i cal circuiL <..~nd damage electrical appliances or eve n cause <..~ fire. Fiv a· cases have been r e ported to the City of s uch incidents. ( 1w port from Fire Department attac hed) . Anothe r method of t h awing frozen service lines is by u si1g pres sur ized hot wa Lc r. A portable ele ctric unit, Ho tsy , is conne c t ed to a w at ~r source {fire hydrant or neighbor 's <..~u c e t) and a s mall tube [ ....,c ds hot water into the service l i n e . '!'h is metho can only b e e mployed where dir e ct access can be made into Lhe service l1 ne such as a meter pit. Otherwis e the li ne I • - • An d y McCow n F e b r uary 15, 1 9~9 Pa<:JL! two • • • mu st be cut ei th e r in the basement or in the yard . If t h e lin e is cut in Lhc basement, state law requires a license d pl wn ber to make t he cut. Also the method is not f c ~~iGl c if t he service l ine is galvanized p ipe . Since mo ~t o r t he home s hom e s in Englewo od have galvanized service lines a n d ac ce ss wou l d be throug h cut lines in the b a s e me nts, it a p p ea rs this method would h il ve only limited appl i .cati on in Englewo od . The homeowner h a s the option of replacing the service l i ne at a depth below the expected frost level. Three me t hods are em p loyed by loc '"l plumbing companies in replacing servi ce lines. A new l i ne is pulled in at the same depth a s t he existing service , a new line is bored in at a deeper de pth or the entire line is dug up and the service is replace d. Th e service line is usually pulled in at the same d e pth when the existing s ervice line is below four feet and the l i ne has b et:n damaged du e to freezing. The owner takes c e rtai n risks in assuming tha t the frost will not reach this l e vel ag a in. A h ole is dug down to the service line at both ends, the old li ne is attache d to the new line and the old line is [l ulled un t ll the n e w li n e is in place. The old line ca n on l y be pu l led if it i ~ a galvanized or rigid pipe; existing lL!ad or copper lin e~ will stretch or break. WI 1<.:.L C the ::;e rv .u .:e line does not hilve f our fe et o [ L!u r L11 c over t he plumber o f t e n bores in a new service line at a g r e o..~ter depth. T h i::; operation il lso requires excavating a hole at ea c1 e nd of t he service l i ne . Boring equipment is used only in clL!an mute rial free f r om rocks or debris. 'l'h e third cas e would be where the e ntire service linL! .;.s dug u 1' .:m d r eplaced . This case would up p ly if thc c xcilv .. t.i.o n cun t ain s d e b r.;.:.; o r other obstabl e~. Wh e r e comp l <.:t L! ,,...,c vicc l .;.nes are d u g p a larger quantity o f as phalt mu s t be r ep lace d a1 d in many c a:.;c::; the walk must b e r e placed wh ere cro::;::;c d. 'l'wo loca l plumb i n g companies and one pipelaying c o mp <~ny we re c o n tacted a n d p rices were obtaine d f or service lin <.:! i n::;talla- t i o n in the C ity 's right-of-way. The average co s t s q u o ted in re p lacing serv i ce line s are prese nte d in the a t tac he~ table, 'l'u ble I. Al s o a comparative table wa s developed for c os ts a s sociated wi th re placing service lines if City f o rc e s per- fo rmed the wo rk , Table II. I • • - • • Andy M<.:C own Fcbru ucy 15, 1979 Page three TABLE I • • • '£h e ap!Jroximate co::; L to replace a service line in the City 's right-o f -way by a l i censed plumber or pipe line company during the summ er is $ 672.00. The cost to install 300 serv ice l ine s would be approximat ·ly ten per cent l ess if a quantity of l ines were done at the sume time or approximate ly $180,000. A co ::;t breakdown for a service line installation within the City's right-of-way follow s . This breakdown was formulated from t he a verag e prices quote d to the City by two local plumbing companies a nd one pipeline comp any. Equipment Costs Backhoe 4 hrs X $30/hr Jackhammer Miscellaneous (bo ring equipment, c ompaction equipment) Ap proximate Eq uipment Costs Labor Lic•· .. scd plumbe c or f oreman 5 hrs X $25/h r (2) Laborers 2 X 5 hrs X $12/hr Ap proximate Ldbor Cost s $ s 120.00 50.00 50.00 220 .00 125.00 120.00 245.00 Note: o uring a normal winter when frost is in the ground L>ot h labor u nd equipment co sts increase by an approximate fact o •-o£ l. 5, uJ•u this wintL:• has been averaginy 2 -2. 5 times thd l u£ the summe r. Materi dl s Cop per service l i ne 30 feet X $1. 5 0 /ft ~ 45.00 CoqJoration stop ,; 10.00 Cur b stops 25.00 Curb stop boxes 30.00 Asphalt 72 .00 Mis <.:c llaneous (cu ncre te, tapping ;;.~do les, lawn, etc) 25.00 Approximate ~·a terials Cost $ 207.00 • I • Andy McCow n Pebruury 1 ~, 1979 Pag<::: four • • • The approximate cost tu have a service line replaced by a local company during t hL! summer (no frost) is $ 672 .00 The approximate cost tu i nstall a service line in a normal winter is $ 900.00 Note: The above cost in cludes replacing the corporation :o;·top, curb stop and box. Wh en these items are not damaged they ar e not replaced. • I . - • • • • Andy McC o wn P~bruary 15, 1979 Page fiv~ TABLE II The approximate cost t o replace 300 shallow service lines b y City forces would· be $203,500. This amount would include eq uip- ment, labor and mater i als costs requir~d in the installation of these service lines in the City's right-·of-way. The a pprox .1.ma te duration of this pro ject would be two years. In summary: Equipment Labor Backhoe S Dump truck Pickup truck Compressor and jackhammer Generator and mise tools Approximate ElJ uipment Cost S (l) equipment o ~erator $1200/rnonth Xl.3 X 24 rnos (2 ) Maintenanc ~ workers 2 X $900/m0 X l. 3 X 24 rnos 25,000 14,000 5,500 7,000 3,000 54, 500 37,440 56,160 1\pp!.·oximate L .:~bor Cost S 93,600 Note: A multiplyer o r 1.3 is applied to each month's ~alar y to cover Mate rials benefits . Copper service li nes :JOr L X 300 !:i C! .~...~ v .i. {.;\.! ~ X $1.00/ft Y,OOO Co rporation stops l SO services X $il.OO each 1,200 Curb stops 1 5 0 services X $1 6 .00 each 2,400 Curb stop boxc !:i 1~0 services X ~2 0.00 each 3,000 Imported back fi ll 300 services X 4 cu yds/ea X$10/cu yd 12,000 • I • • • Andy McCown February 1~, 1979 Page six • • • Asphalt 300 service s X 5 sq y d each X ~12/sq yd Concrete 50 servic~~ X 8 feet X $12 /ft Miscellaneous (tapping saddles, lawn repair , etc. ) 'Approximate Material ~ Cost $ lS,OOO 4,800 5,000 $ 55,400 The approximate cost in obtaining equipment, labor and materials to install 300 service lines within the City's right-of-way is $ 203,500 Note: These basic assump t i ons were made in preparing this co st est.i.uw.tc: (l) Men would be re tained year round. (:.!) /\ll service lju~s extend into the <;~sphalt <;~nd l:hul: ~o ·:. would require c omplete excavation. (3) Concrete walk ::; would be replaced wh e re damaged. ( 4) N(-!W taps would be made where service lines ang l c off improper ly fr om the water main. (!)) o ... uuagcd curb :..o t:ops and curb boxes would be rcpluc<...•d. • • I • • - 0 • • Andy Mc Cown February 15, 1979 Page seven ,. • • • POS SIBLE EMER Gt-:NCY MEASURES FOR '1'i!AWING FROZEN SEHV ICI; LINES One pos s ibility dis cus sed is to provide repilir/thawing of ~:e rvice pipes o n an emergency basis for only this winter, assuming t h a t next winter will be a normal one and the problem will not 0ccur again, at leas.t to this extent. This would mean changing of Section 15-3-43 of the Code which requires all licensees to keep their service pipes protected from freezing at the ir o wn expense. The only method available to thaw frozen service lines is to pass a current throug h the line using a welding machine . 'l'his presents a hazard to electrical wiring and appliances in homes near the area in wh ich the welder is working. The City could hire welders or reimburse persons who use t he welders. Costs have varied from about $40 to $1300 depending on <.:ircum:o:Lanccs. 'l'hc ..~vcruge churge is about $100 per thaw. 'l'hilwinSJ a servic:e line doe:; uot guarantee another freeze-up will nvt occur. There i s no way to es timate how many lines would be funded this way if f unding did not occur retroactively. If funding occurred retroactively, the cost could be as high as $30,000 -$50,000. An emerg ency ordinance will take two readings and requires a unanimous vote of Council. This means it could not take effect before March 12. March is the month when the frost line rises und ma ny of the service lines may be thawing on their own c~ccord by thil t time. Legal que stions as tv the City's obligation for thawin't ol. :o:cr v.i.cc lines re troactively ct nd future obligations have been refcr ~cd to the Ci ty Attorney and can be discussed at the study session . • I • • • Andy Mc Cown February 15, 1979 Page ei<Jht • • - CONCLUSIONS Any change to ·the e xi sting policy of the City, whereby the homeown ~r is respon sible for maintenance of the service line from thu water main to the curb stop,· is a decision o f th <.: City Council. Should the Council determine that the City should bear the costs of maintaining these service lines,the costs pre viou s ly mentioned in this report would be a valid estimate, and the follow- ing recommendation would apply. 1. All replaced or new service lines should be five f eet depth minimum. City makes taps after plumber digs to ma in and inspe c ts final job to insure compliance with C ity standards . 2. C jty standard ~ to be compiled and available for distri- bution. 3. Re move requireme nt that a licensed plumber be required for work on service line outside the house. Attempt to es tab- l i ~h a bid price for replacement of known shallow service l i nes during summer months on a unit price basis from plumbers or pi ~e line companies. 4. C ity makes the tap, installs corporation stop and re places pc~vement. !J . l\l:move req ui ru111c nt that a tap charge be made when il !J /8 im.:h tup i~ C<m vcrted to 3/4 inch. Should the City Cou nc il determine that the homeowner s should contin ue to bear th e cost of maintaining service lines , these additional items are recommended. l. 1' r ovide non-~ubsi di zed financing through the Conunun i ty De velopment D ~p artment under present guidelines. Authorize subsidized fin a ncing under present Housing Authority Guide- lines. • I • • Andy McC own February 15, 1979 Pag e n i n e • • • 2. Contact homeowners to establish interest in program . Based on response secure bids for replacement work . Advertise program in Citizen and Sentinel. City wou ld coordinat·e compiling minimum numbers to obtain bid prices. In addition the Utilities Department should continue its investigation of using a •Hotsy• for thawing service lines in ~nergencies. A truck and equipment should be purchased before next winter if the program appears to be feasible. Controls on using welding equipment within the City to thaw service lines should be considered. ~ S tewar t Fonda, P.E . Director of Utilitie s S P:bjs • I .