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Home My WebLink About1979-06-04 (Regular) Meeting Agenda• • • 0 CITY COUNCIL MEETING -Regular June 4, 1979 J • CITY COUNCIL MEETING June 4 1979 • • - ORDINANCE II )1, 24, 25, 26, 27 RESOLUTION 11;(. 25, 26, 27,28 • 0 0 I . . - { • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO June 4, 1979 1~ The City Council of the City o f Englewood, Arapahoe County, Colorado, met in regular session at 7:30 p.m. on June 4, 1979. Mayor Taylor, pres~ding, called the meeting to order. The invocation was given by the Rever e nd Jery P. Friesen, Seventh-day Advent is t Church, 27th and Downing. The Pledge of Alle-gi~nce 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, Smith, Harper , Clayton , Mann, Taylor. Absent : Council Member Weber. The Mayor declared a quorum present. *"~<**** Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Director of Engineering Services Diede De puty City Clerk Watkins * * * * * * COUNCILMAN MANN MOV ED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MAY 14, 1979. Counc ilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann. Nays: None. Abstain : Council Members Williams, Taylor. Absent : Council Member Weber, The Mayor declared the motion carried. * * * * * * • I • • • June 4, 1979 Page 2 • • - Councilman Clayton noted a corr e ction in the minutes of May 21, 1979. The correction was on page 4, 8th paragr aph . Coun- cilma n Clayton stated the word "it ems" should be chanr,ed to "bids", City Mana ger McCown stated th e re was a correction on Page 10, lst para gra ph. The word "rece ive" should be deleted and the following words inserted: "pass the lease of". COUNCILMAN CLAYTON MOVED TO APPROVE THE MINTUES OF THE REGULAR MEETING OF MAY 21, 1979 AS AMENDED. Councilman Harper seconded the motion. Upon a call of the roll, the vote r esulted as follows: Ayes : Council Members Smith, Ha rp er, Clayton, M.ann, Williams . Nays : None. Abs ta in : Council Member Taylor. Absent : Council Member Weber . The Mayor declared the motion carried . * * * * * * Pre-scheduled visitor, Mr. B. W. Elliott, 3801 So u th Elati Street, was present . Mr. Elliott request ed that he be granted an encroachment onto City prop e rty to install a 42-inch chain-link fence along the north side of their back yard. City Manager McCown stated the staff has reviewed Mr. Elliott's requ e st and recommends that it be grante d. Councilman Smith prefac ed his motion by stating it was based upon the recommendation from the Community Development Department and the fact that Mr. Elliott understands if the City needs the land, he would have to remo ve the fence . COUNCILMAN SMITH MOVED THE ENCROACHMENT REQUEST OF 3801 SOUTH ELATI BE GRANTED AND THAT THE ENCROACHMENT WILL BE APPROXI- MATELY SIX FEET INTO THE WEST LEHIGH RIGHT-OF-WAY. Councilman Mann seconded the motion. Upon a cal l of the roll, the vote re- sulted as follows: Ayes: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor . • I • ( I • June 4, 1979 Page 3 Nays: Absent: • • • None. Council Member Weber. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mr. John Criswell, 3780 South Broadway, was present. Mr. Criswell stated he was a lawyer re- presenting Mr. Stephen Dreher and Mr. Dreher's mother in the matter concerning the relocation of fire station #3. Mr. Criswell submitted a hand-drawn map of the location and offered three al- ternatives to the Council if land is to be acquired in this area for the fire station. Alternative 1 was to take the west half of the property to the south and adjacent to the Dreher property. Alternative 2 was to take all of the Dreher property. Alternative 3 was to take the west half of the Dreher property and the adjacent 9,975 &quare feet of the other property. Mr. Criswell argued that the location of a fire station or any municipal improvement is a matter of decision to be made by the people. He suggested what- ever site is selected that Council first adopt an ordinance deter- mining the location and if the people desire to file a referendum petition, they have the right to do so. Mr. Criswell referred to the election concerning the moving of City Hall to its present location. · Councilman Mann asked the City Attorney for an op1n1on concerning Mr. Criswell's argument. Mr. Mann asked if a public hearing in this case would suffice followed by the passage of an ordinance designating the location. City Attorney Berardini stated he has researched the matter and submitted a memorandum explaining his opinion. Mr. Berardini stated the Council has the right of eminent domain as provided by statute -Section 76 of the Home Rule Charter with- out going to the vote of the people. Mr. Berardini further stated no ordinance or public hearing would be necessary in this matter and acting by resolution to select a location was in order. Mr. Criswell reiterated his position contending that the people have the right to determine whether or not the location is desirable. Mr. Criswell stated he was neither certain whether a resolution would be legally binding nor subject to a referendum without a court decision. Pre-scheduled visitor, Mr. Stephen Dreher, 54 West Layton Avenue, was present. Mr. Dreher submitted a petition containing 278 names requesting further consideration concerning the fire • I • • • June 4, 1979 Page 4 • • • station relocation. Mr . Dr ehe r presented a ma p depicting present and proposed fire station sites and r es p ective response times . Mayor Taylor received the petition and rebutted. Mayor Taylor stated Council has spent numerous hours studying the matter including the expense. Mr. Dreher produced further arsuments against the re- location. Mr. Dreher debated the possible renovation and use of the volunteer station, the relocation of a station at Lafayette and Hampden, and maintaining the station at its present location on Belleview and Fox. Councilman Smith stated on e of the purposes of locating at Acoma and Layton was to place the second rescue vehicle in an area able to cover SO % of the rescue calls. Mr. Dreher stated if the volunteer station was activated, some of the same areas would be covered. Councilman Smith stated there is a great of cost involved in taking over the volunteer station. It would have to be demolished and a new station constructed. The only alternative for the volun- teers is to move to Belleview which has been vertified to be inade-quate. Councilman Clayton added there were some response time problems to high risk areas from the volunteer station. The response time to the high school and Swedish Hospital is quicker from Acoma and Layton. COUNCILMAN WILLIAMS MOVED TO BRING FORWARD AGENDA ITEM 7D -A RESOLUTION CONCERNING THE RELOCATION OF A FIRE STATION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE A RESOLUTION WHICH WOULD START THE PROCEEDINGS TO RE- NOVATE THE VOLUNTEER FIRE STATION AT QUINCY AND PEARL. Council-man Mann seconded the motion. • I • ' June 4, 1979 Page 5 • • • Councilman Smith stated it has been pointed out that this location, Quincy and Pearl, was the least desirable. Mr. Smith urged the motion's defeat, Counc ilman Williams stated there was not that much dif- fer e n ce in respons e time between Acoma and Layton, and Quincy and Pearl. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent : Council Members Williams, Mann. Council Members Smith, Harp e r , Clayton, Taylor. Council Member Web er . The Ma yor declared the motion defeated. COUNCILMAN SMITH MOVED TO SUBMIT AND PASS A SUBSITUTE RESOLUTION FOR AGENDA ITEM 7D. Councilman Harper seconded the motion. The resolution was submitted to Council. Councilman Smith stated the resolution changes the lo- cation from the proposed southeast corner of Acoma and Layton which is th e Dreher property to the property immediately south owned by Mr. Pe zo ldt which is a single ownership and has no buildings on it at the present time . Mr. Smith stated th~ change was a sugges- tion by the Community Development Department following an indepen- dent study subs equent to a study by the Fire Department. This was one o f the prime locations o f the Fire Department and the second recomm e nd ed s ite by the Community Development Department. Mr. Smith stated there wa s information available on the cost estimates to move the station south of Layton and Acoma r eferring to a memorandum from Director of Enginee ring Services Gary Diede . Councilman Smith rebutted Mr. Criswell's earlier stat e- ment. He stated the section of the Colorado Revised Statutes 38-6-101 indicates City Council has author ity by Charter or by statute to build, acquire or establish any municipal improvement. Mr. Smith stated the location of the present City Hall or t he building was not voted upon by the citizens of Englewood , only the bond issue was voted upon . Councilman Mann discusse d why he was opposed to relocat- ing the station. Mr . Mann stated h e could not understand staff's recomm e nd ation to locate in the s outhern part of Englewood when • I • • • • June 4, 1979 Page 6 • • .. there was a more critical need to build one tion. Mr. Mann stated the building on B 11 and new land can be acquired north of it to for less money. in the northeast sec- v iew can be renovated xpand the f acili ti es Councilman Harper comm e nted on the matter . Mr. Harper stated after he had reviewed all the facts, h e had changed his opinion from keeping the station at Bellevi e w to moving it to the location proposed in Councilman's Smith resolution. Mr . Harper stated he felt locating the station at Quincy and Pearl would not be proper nor f unctional, a nd Council should look down the road 10 years or more. Mr. Harper stated a station would probably be built in northeast Englewood as he s ees the development in that area increasing. In his opinion, the best judgement was to l o cate the station as proposed. Councilman Clayton commended all the people who had presented their different opinions on this matter. Mr. Clayton acknowledged there might be some cost overruns in moving to Acoma and Layton due to inflation. Mr. Clayton stated he was solidly convinced that the station needed to be moved since the City has not developed along the predicted lines. Mr. Clayton stated the most important thing to him is response time. and the location at Quincy and Pearl has some response time problems. Quincy and Pearl, however, solves the problem for housing the volunteer fire- men . Mr. Clayton advocated passing the proposed resolution. Councilman Williams stated he ·did not deny that the sta- tion at Belleview needs to be changed; he believed the expense was was too much compared to renovating the one at Quincy and Pearl . Mr. Williams stated the monetary difference between mo vi ng the station to Layton and Acoma and renovating the volunteer station could be used to finance the frozen water line problem. Mr . Williams stated he was very sympathetic to the people who suffered frozen water problems last winter . Mr. Williams stated there were other locations and Quincy and Pearl that would not have the impact as Layton and Acoma. COUNCILMAN MANN MOVED TO TABLE THE RESOLUTION INDEFINITELY. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Mann, Williams. Nays: Council Members Smith, Harp e r, Clayton, Taylor. Absent : Council Member Weber. The Mayor declared the motion defeated • • I • < • June 4, 1979 Page 7 • • • Councilman Smith stated money has already been set aside for the frozen water line problem. Mr. Smith added Council should rely on staff recommendations because of the professional expertise for which each one is hired. Mr. Smith stated the longer Council waits to make the relocation, the more expensive it will become. City Attorney Berardini noted a change in the bill's language under the first "WHEREAS" paragraph. The third line should read "a new fire station adjacent to the southeast corner of Layton Avenue and". At the request of Mayor Taylor, the Clerk read the sub- stitute resolution in its entirety. RESOLUTION NO. 24 SERIES OF 1979 A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FIRE SIMPLE INTEREST IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A SITE FOR CONSTRUCTION OF A FIRE STATION. COUNCILMAN MANN MOVED THAT COUNCIL PROVIDE HIM COPIES OF THE PETITION SUBMITTED BY MR. DREHER AND A DELAY OF 30 MINUTES TO READ THE PETITIONS BEFORE MAKING A FINAL VOTE. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Member Smith, Harper, Clayton, Mann, Williams. Council Member Taylor. Council Member Weber. The Mayor declared the motion carried. Mayor Taylor declared a recess at 9:00 p.m. The Council reconvened at 9 :30p.m. Mayor Taylor acknowledged that Council- man Weber had entered t~e meeting. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent : None. The Mayor declared a quorum present. Councilman Mann stated reading the petitions only reen- forced his opinion to vote against the relocation. Mr. Mann stated • I • • June 4, 1979 Page 8 • • • he was convinced the proposa l is too expensive and the people have proved they do not want it. Mr . Mann stated there is more of a ne ed to build the fire station in northeast Englewood , Mayor Taylor asked Councilman Weber if h e had any ques-tions concerning the item now on the floo r. Councilman Weber stated he had non e , Up on a call of the roll, the vote on Councilman's Smith motion to pass the substitute resolution resulted as follows: Ayes : Na ys: Council Mem b ers Weber, Smith, Harper, Clayton, Ta yl o r . Council Members Williams, Mann . The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mrs. Elaine King, 5000 South Inca Drive, was present. Mrs. King subm itted a report concerning metro- government and her concerns of impend ing dangers of local govern- ment acquiesc i ng their responsibilities to the federal government. Mrs, King asked the City Council to discontinue the city manager/ council form of government, and take the necessary steps to put Englewood under a constitutional government. Mrs. King stated t hat will be a step in the right direction toward removing Englewood f rom the clutches of federal and fede ral ly -controlled r egional government. Mrs. King submitted copies of her r e port to the Council and a copy of the United States Constitution. Mayor Taylor ask ed if she was the individual who, at one time, declared the United States currency as unconstitution al . Mrs. King stated that she had. * * * * * * Councilman Weber asked to be excused from the meeting at 9:50 p.m. Mayor Taylor granted the request . * * * * * * "Communications -No Action Rec ommended" on the agenda were received : (a) Minutes of the Board of Career Service Commis- sion ers meeting of April 19, 1979 . • I • • • June 4, 1979 Page 9 (b) (c) (d) (e) (f) (g) (h) • • .. Minutes of the Downtown Development Authority meeting of April 11 and May 16, 1979. Minutes of the Planning and Zoning Co~ission meeting of May 8, 1979 . Minutes of the Public Library Board meeting of May 8, 1979. Minutes of the Parks and Recreation Commission meeting of May 10, 1979. Minutes of the Water and ~ewer Board meeting of May 15, 1979. Minutes of the Animal Control Committee meeting of May 29, 1979. Minutes of the special study session of City Council of May 29, 1979. * * * * * * City Manager McCown presented a request for an annual renewal of a 3.2 beer retail license for Leslie E. Howe d/b/a Sport Bowl, 3295 South Broadway. COUNCILMAN HARPER MOVED TO APPROVE THE REQUEST FOR AN ANNUAL RENEWAL OF A 3.2 BEER RETAIL LICENSE FOR LESLIE E. HOWE D/B/A SPORT BOWL, 3295 SOUTH BROADWAY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor . None. Council Member Weber. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a letter from the Chairman of the Animal Control Committee to the Mayor concerning the animal control ordinance. Mr. McCown stated the Committee is requesting postponement on consideration of their recommendation until all of their recommendations can be submitted to Council. • I • • - • • J u ne 4, 1979 Page 10 • • • CO UNCI LMAN SMITH MOVED TO CONCUR WIT H THE ANIMAL CON- TROL COMM ITTEE 'S RECOMMENATION AND TO POS TP ONE THE MATT ER UNTIL THEY AR E READY TO SUBMIT TH E ENTIRE PACKAGE . Councilman Ma nn second ed t he moti on . Upon a c all o f the r ol l , the vot e r e su l ted as follows : Ayes : Nays : Absent : Council Members Smith , Harper, Cl a yton, Mann , Williams, Taylor. None. Council Member Weber. The Mayor declar e d the motion carried, ORDINANCE NO. 23 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 27 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO, THE LITTLETON FIRE PROTECTION DISTRICT AND CASTLEWOOD FIRE PROTECTION DISTRICT FOR THE PURCHASE OF AN INTEREST BY CASTLEWOOD FIRE PROTECTION DISTRICT IN THE JOINT FIRE TRAINING FACILITY. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 27 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Absent : Council Members Smith, Ha rp e r , Clayton, Mann , Williams, Ta y l o r. Non e . Counc i l Member We b e r. Th e Mayor de c l a r e d th e motion c a rried. ORDINANCE NO. __ _ SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 29 INT RODUCED BY COU NC I LMAN SMITH • I • ( • June 4, 1979 Page 11 • • - A BILL FOR AN ORDINANCE VACATING A PORTION OF THE EXISTING STREET RIGHT-OF- WAY IN THE 3500 BLOCK ON SOUTH MARION STREET, ADJACENT TO AND EAST OF BLOCKS 1 AND 2, OF YEAGER'S SUBDIVISION OF BLOCK 4, VERONA PLA CE, ARAPAHOE COUNTY, COLORADO. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 29 ON FIRST READING. Councilman Harper seconded the motion. Council discussed at length vacating the land and the circumstances behind the recommendation from staff to vacate the property. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Smith, Harper, Clayton, Mann , Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 1979--COUNCIL BILL NO. 28 INTRODUCED BY COUNCILMAN MANN A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT TO STUDY METHODS TO UTILIZE CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSION VIEJO AND APPROVE THE GRANTING OF AN OPTION TO PURCHASE CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSION VIEJO COMPANY. City Attorney Berardini noted the following corrections to the bill: l. 2 . In Section 1, Paragraph A -Change Exhibit A to Exhi bit 1 In Section 1, Paragraph B, second line -Insert "up to" after ($100 ,000) • • I • • - • • June 4, 1 979 Page 12 • • - 3. In Section 1, Paragraph C-Change November 7, to November 2 . 4. In Section 2 -Change Exhibit A to Exhibit 1 COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 28 ON FINAL READING . Councilman Williams seconded the motion. Councilman Mann asked for cla.rification of the third paragraph reciting Section 124, Article XIII, of the ~nglewo?d Home Rule Charter. Mr. Mann stated h e was under the 1mpress1on that the sale of water had to be put to a vote of the people . City Attorney Berardini stated the sale of water rights must be voted upon by the people . This transaction is the leasing sale of surplus raw water not the right to the water. Mayor Taylor asked if the bill contained safety clauses wherein Englewood has first priority to the water in cases of emer-gency . Councilman Smith stated such clauses are provided for in Section 124, Article XIII, cited in the bill. City Attorney Berardini stated such language is also specifically outlined in Paragraph F of the bill. Mayor Taylor asked the representative from Mission Viejo to appear before Council ann state how much water the development would like to lease once the project is complete . Mr. Me n o Wilhelms, Director of Municipal Services in Go vernment, for the Mission Viejo Company appeared before Council. Mr . Wilhelms stated the estimates vary depend ing on how conserva- tively the water is used. The report submitted to Douglas County indicates that with conservation, total needs would be between 16,000 -20,000 acre feet for the total development of the project. The ground water at the ranch along with presently-owned water rights could probably serve the ranch; however, depending on how people use water, they would probably want approximately 25% of what they are buying now. Mayor Taylor stated Council has drawn criticism from selling the water. People have stated they do not want this much population around and by selling the water Council has caused Mission Viejo to develop the area. Mayor Taylor stated his rebut- tal has been the area is going to be built up some day anyway, and it is a lot better to have a planned development out there like Mission Viejo than incongruous developments . I • • ( ( ( • June 4, 1979 Page 13 • • • Mr. Wilhelms stated the whole concept of their plan has been a recognition of what is the best type of development for an area. Where ther e has been projected growth, his company has at- tempted to provide a facility in a manner that negates contemporary problems. Mr. Wilhelms stated he hopes this development will be a model satellit e type of new community. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Smith, H?rper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * City Mana ge r McCown presented a memorandum from the Di- rector of Engineering Services to the City Manager in response -to questions on Paving District #23 and Paving District #25 assessments. Council agreed there were no changes to be made to the assessing ordinanc e on Paving District #23. Director of Public Works Waggoner appeared before Council and discussed possible amendments to the assessing ordinance on Paving District #25. Director Waggoner recommended that the City adjust the assessments for Philip and Marlys Grimm, 1920 West Cornell Avenue by $1,300.32; and for Tatewell Enterprises, 3028 South Fox by $73.76 . COUNCILMAN CLAYTON MOVED TO MAKE THE FOLLOWING ADJUSTMENTS TO THE ASSESSMENTS FOR: PHILIP AND MARLYS GRIMM, 1920 WEST CQRNELL AVENUE FROM $3,731.09 TO $2,430.77; TATEWELL ENTERPRISES, 3028 SOUTH FOX STREET FROM $751.51 TO $677.75 ; AND TO CHANGE THE COSTS TO THE CITY OF ENGLEWOOD TO $236,275.73 AND ASSESSED COSTS TO $663,293.03. Councilman Mann seconded the motion. Councilman Clayton discussed the problems that were brought forth by the residents of 4500 South Pearl Street. Mr. Clayton stated he wanted to assure the people that Council has talked to the City staff and they are holding the retainage fee from the contractor until all repairs have been made. Director Waggoner stated the reply letters to each com- plaint were being held in abeyance pending Council's decision whether or not ther e were additional amendments • • I • - • June 4, 197 9 Page 14 • • • Upon a call of the roll, th vot r ult d as fo l l ows: Ayes: Nays : Absent: Council Memb r Smi h, Harp r, Clay on, Mann, Wiliiams, Tayl or . None. Council Member W ber . The Mayor declared the motion carr ied . Councilman Mann discussed his conc ern s relative to the assessing methods used by the City; particularly, the costs assessed to residents living in an industrial area or o n a street that has been designated as a truck route. Director Waggoner explained the procedures by which the City assesses certain types o f wor k done in a paving district in accordance to designated streets. Councilman Mann requested a study be done on the assess- ing methods used by the City and whether or not some streets should be designated as truck routes or otherwise. Councilman Clayton requested the City Attorney to pre- pare the necessary amendments to an ordinanc e requiring first notices of a paving district to be sent out by certified mail or another type of mail that will provide for a return receipt. He stated he made the suggestion since so many people stated they had not received first notices. Councilman Smith discussed the expense involved in sending notices by certified mail and suggested that the costs be examined prior to making any amendments to ordinances . Mr. Smith stated most mail gets re~eived and it may not be worth- while to go to the time and expense of sending it out certified. Mayor Taylor stated the matter should be discussed in a study session. Director Waggoner stated the City had only two notices on Pearl Street returned to them by the post off ice. * * * * * * City Manager McCown announced the dedication of the Sin- clair Bath House would be Sunday, June lOth, at 1 :00 p.m. and that there would be free swimming following the ceremony until 4 :00 p.m. * * * * * * • I • - • • June 4, 1979 Page 15 • • • There was no fu rth er business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. 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I . • • • • ROLL CALL Moved Sec d d L on e Ave Wi 11 iams Nav Abstafn Absent Wah~~ Sm1 n Harn~ Clavton Mann lT,ayor Ta y_l_9 r I . • • • - • • ~~------------~-----===~ ROLL CALL Moved Seco d d -n e Ave Williams Nav Abstafn Absent Wf'bPr ::>m1ti1 HilrDtt_ Clayton Mann lfayorlay l r.r • I . • • • • •' - ROLL CALL Moved Second d e Ave Nav Williams Abstain Absent WPhPr !)mith H.:tro~ Clavton Mann Mayor T~Y!cir ,, I . • • • • • ROLL CALL Hoved Second d l e A}le Nay I Wi 11 iams Absta fn Absent IJoho,. :>m1tn H<lrDtt_ Clavton Mann Mayor T~y_l or I . • • - 0 • • • • • ROLL CALL Hoved Second d e Ave Nay Willfams Absta fn Absent lol .. t. .. ~ =>m1ti1 _HarD:tt_ C1avton Mann 1T.ayorlay_1 or ~-~o:J~~~~ ~ ~ CA._llo , -r~~ !l ut cfJ/)J ~(/_AA~ r'J)~ ,.d_.un, UL">'I..d. • I . • • • • • ROLL CALL Hoved Seconded A N _E_ Wi llhms ~e ay Wi!!bPr ;)ll'lltll Harou._ Clayton Mann Mayor-Ta y_l_ or z; ,V)~Q t c /}-1 ·~ ~~ I) '(1 tAt ff0 J( /i.VvuJ ~ Abstain Absent I . • • • ROLL CALL Hoved Seconded Ave Nav Absta fn Absent '--William!' {,? w~ 1...----s-miTn v-Harn~ //' Clayton 1.-(.....-Mann -fofayor Ta_y_l r.r ...... I . • • - • • ROLL CALL Moved Seconded ....... Wi 111am~ Aye Nav Abstain Absent 1.----w .. h .. r :>nl1t r. ~ L--- v-Harott_ ~ Chvton J---,__ Mann .,-- Mayor lal_'@r ~ ~~,~-u._(w -z) [!u_L afJ-422 I t/?)CJ ~ ~ {f /)~ ~ o bet~ /Y)w~J '( ~ ~ rnc.u;c. (f r tf 1 f' o-1'7 . -.________ j ~ I . • • - • • • • • ROLL CALL Hoved Second d e Aye Nav Abstain William!> Absent ~ WPhPr :>lllltr. l.f-~ H.u-o~ Clayton Mann Mayor la./ _ _9 r ~~ s ~ . )--u Lre-r s-~::--0£ ~t L ~ ~ r ;rr _s ~t /YYUv -~ ~ /)L<J ~ff~ ~a;t~~- I . - C/}2 • • • • ROLL CALL Hoved Seconded Ave Nav Abstain Absent Wi 111ams WPh .... SmiTn Huott._ Clayton Mann Mayor T ~y_1_9r ~,ai-~ sJ~~tLt !~ ~ 0~ ~~~~~/»~ ---vu~ .J; /YY\...-nJ'.U J ~~ 6 jLvJ"c~ /3~ -£r-;--L_ c:LiLrxJ ~ I ZJ -y-(').<..c n.J ~~ -~~p;ur:e~u~~ ll ~ I . • • • ROLL CALL Hed S ndd ov eco e ~e ~ s n sen v-William$ -'=-...weber A N Ab tat Ab t 4---2!!!.!..E_n ..!:::::::::_ ...l:w:.tter 1.--Cl~ton ~ ..!::::: Mann t--- !!_'!l._or Tay_l or ..!::::::... I . . • • • • • ROLL CALL Moved Seconded Ave Nay Abstain Absent Wi 11 iams WPbl'!r :>mn;n Haro~ Clavton Mann Mayor Ta y_l_pr I . • • • • - • • --------~~-----==-= -=-,--- ROLL CALL Hoved Seconded c.--Williams Aye Nav Abstafn Absent t.-- WPb .. r _::>mltn 1--l...-- Jiaro~ ~ Clayton L--v--Mann ~ M~or Ta y_l r.r J.-- I . . • • • • • RO LL CA LL H ed S d d A N Ab taf Ab t ov econ e \Ye ay s n sen Wil lf a m ~ v- _W!!bPr 1---- -;)lltltl'l 1---- .Jfaro~ 1.;- Cla_yton v Mann v ll_~o r _Ia y_1_9r v- I . . • • • • • Hoved se d con ed Ave I Wi111am5 Nav Abstain Absent -· WPI>t=!r ::>mith H&IJI.trr_ Clavton Mann TaJor Ta y_J_o r ...., ....., 'JJ }!L~ LM_) -0-(}-Uu ~1 cJ r t:A~'>i ~~ "t''UU' v ;( !1hf._t.( (1U ;t;v "LM~~ ---ZI:f*'~-v-'' ~ jP~ J~ £!1 d t~{ ~~i ptzcLU-'y:J-~~ ~ ~} ;rtf ~/1-r~ I . • • • • • D -___ -..::_-__ ROll CAll H eel S d d OY econ e ~e a_y sta n sent Wi lliam5 ..1::::::::._ ...web~r __t.--" ~l_!n ~ ..HM:Dtt.._ .J:::::_ Cl~ton ...1::::::::_ Mann ~ J:!.ayor _!a y_l_9 r v- A Ab N Ab I . • • - • • ROLL CALL Hoved Seconded Wi 11 i ams Ave Nav Abstain Absent "'"'"""' 5mitr. Harn~>r Clayton Mann MayDrraBEr • • I . • - • • -n --- ROLL CALL HeelS ndd ov eco e ~e <!l sta n sen Williams A N Ab Ab t ...Iieber 2."!1!n .HAue.r_ Cl~ton Mann l ~or _!a y_!or • • I . • • • • • ROLL CALL Hoved Seconded Ave Hav Absta fn Absent Williams w~ SmiTr. Jiuo~tt_ Clayton Mann 1-fa.Yor Ta y_'!!:r I . . • • • ,. • -__ a ROLL CALL Moved Seconded Ave Nav Abstain Absent Wi 111am!; V Sm1 tn ope ~~ ~~~----~L~Haro•tt_ ~ v-Clavton::::tj~~±:---+------~~==:::::j I . . • • • • • • -n_ ---- ROLL CALL M ed S d d OY econ e ~e a.Y s n sen Wi 111am s ...!::::_ -.Weber ..!:::::._ ..L::::::: ~, ~ ....tltr.l2.er ~ Cl~ton 1.--_v Mann ~ ~«!l_or _Ia y_! r.r v- A N Ab taf Ab t I . . • • - • • ROLL CALL Moved Seconded ~Ye Nay Abstain Absent __!?' Williams 1...---_web-;; A L..---Sm1tr. _V Haro .. -;:-v ,__ Clavton v--Mann v--Mayor Ta y_1..9_r v- o/JL . --s;;~ ()~ ~ ru PYJ.,j y~ · C IT 0 cd 0-ri tf'Y>t ct./ C;k___ da /1-ut 0:/Jr:t~.'lu.U y u.M ~ • • I . • - • • • • • • ROLL CALL Moved S d d econ e Aye Nav Absta fn Absent Williams v-w.,b;; c:;:;:; j? smar. ~ J/' v Harntt_ v-Cla:Yton v Mann 1.-- Mayor Ta_y]_E r v-- 'C'af>1 ~1il~'i'L6A-LA~~ e ~~ o · 3 &v 6-?6~ ~ _ /'Jy fl1( ~ d ;Ocr]~' cz~ • I . • • • Hoved s econded Ave y Wi 11 iams Nav Abstafn Absent w .. ~Pr :lmrtn Haro~- j/ Clavton Mann 1-fayor Ta zl c r • • - • • ROLL CAL L Hoved Seconded A ~ve Wi11fam5 Nav Absta fn Absent WPhPr- S"man Harou_ Clavton Mann i 1-fayor Ta y_l_Er (i 1-t ;C ;:lU) ~~ ~ ~ r t ru-r ' ~ t710 h (7~ a_ t1df r5 ~~ ~~(}_n) . . -a:::-~ G Jz ~ ;L lcJ_ w.L ~ ?C)/Ltrf cicVuA.U . -~fW~(/~0 e -a e.~ /)~ !fou ~PK~, \)t~ • I . • • • - • - Hoved s -econded w1 n 1am~ Ave Nav Abstain Absent w .. h .. ~ - !>m 1 n Haro~ti:_ Cl~ton -- Mann lfayor ~-1 r.r 1 I • • I . • • • - • • ROLL CALL Hoved Seconded ~e ~ n e William!> 1.--' A N Absta f Abs nt ...webe.r_ .!:.:::::::.. ~"!!!_r. ..!::._ ....f:W:Der -1:::::_ Cl'!l..ton v-Mann .1:::::::.. __l'iayor Ta y_l.Er v I . . • • • • • ROLL CALL Moved s d d econ e Aye Wi 11111ms Nav Abstain Absent w .. h;r I :::>m1 n Haroltl:._ Clavton Man!!.. l'favor Ta y1 or ---:.. -t I . • • • • ROLL CALL Moved Seconded William!> \ye Na.y Abstafn Absent A WPhPr :,man 1....--HiU:Dtt_ Cla_.yton ~ Mann Mayor Iay_l_E r I . • • • • - • • ROLL CALL H ed S d d ov econ e ~e u s n sen Wi111am~ v- A Ab t N Ab tat ...we.be.r_ .k:::::::. 2!!!.!.!..n ...!±:::. ...!:::::::: Jki::ller v-Cl'U'_ton v-Mann v-~~or ..!_a_y_l_!l r v- • • I . • • • • • ~-~--------------- ~O L L CAL L Moved s econded Wi 11 iams Ave Nav Abstain Absent w .. ~ .. r Sm1 n l-l!'lrnl!,L_ Clavton Ma~!l lT,ayo r Tay _l c r I . • • • • ~--------..... ________ _ ROLL CAL L Hoved s d -econ ed Wi111ams Ave Nav Abstafn Absent w .. h~; - :>1111 n Hi!rnPr Clavton Mann "lfaYDrray_l_E r ...., ----------- • • • ROLL CALL s d ved econde ~e ~ sta n sen Wfllfam!; A N Ab Ab t w .. h.;; ~Lt_n Haro~r- Cl~ton Mann Mayor Ta ~o r I . • • • - • - ROLL CALL Moved Seco d d n e Aye Wil1iams Nav Abstain Absent WPI-u:•r :>mitn Harn!tl:_ Clavton Mann _i_ lT.ayor Ta ~0r.u • I . • • • • - • • ,. ROLL CALL Moved Seconded Absent Abstafn Williams J ~m~n ====~==+----+----:=:Jt:=:=:::~ Ji<!..Oltt-L-----~------1rccTcla~~ton :=j·=:=:}:---t------:j=:=:=:=::J Mann i ~-----+------~~~~.a~y~~~==_j ____ J_ ______ ~--------l I . • • (f • 7:30P.M. l. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 4, 197Q ~ ---vtJJ Call to order, invocation by The .Rev~;:nd Jery P . Friesen, Seventh-day Adventist Church , 2 7th and Do\vning, pledge of allegiance by Boy Scout Tropp #154 , and roll call . ' ~LJ- Minu t es . (a) Minutes of the special meeting of May 14, 1979 . (Copies enclosed.) (b) Minutes of the regular meeting of Ma y 21, 1979. (Copies enclosed.) 2 . Pre -S cheduled Visitors. (a) Mr . B. W. Elliott, 3801 South Elati Street, will be present to discuss the installation of a 42" chain link fence on the north side of the rear of his property. (Copies enclosed .) (b) Mr. Stephen Dreher, 43 West Layton, and Mr . John Criswell, attorney, will be present to discuss t he reloca tion of Fire Station #3 . (c) Ms . Elaine King, 5000 South Inca Drive, will be present to address City Council concerning several city matters. 3. Other Matters. 4. Public Hearing. • I • • • • • • Page 2 June 4, 1979 Agenda (f 5 . Communications -No Action Recommended . (a) ·JJ/ (b) ~ Minutes of the Board of Career Service Commis- sioners meeting of April 19, 1979 . (Copies enclosed.) Minutes of the Downtown Development Authority meeting of April ll and May 16, 1979. (Copies enclosed .) (( • (c) (d) (e) (f) (g) (h) Minutes of the Planning and Zoning Commission meeting of May 8, 1979. (Copies enclosed .) Minutes of the Public Library Board meeting of May 8, 1979. (Copies enclosed .) Minutes of the Parks and Recreation Commission meeting of May 10, 1979. (Copies enclosed .) Minutes of the Water and Sewer Board meeting of May 15, 1979. (Copies enclosed.) Minutes of the Animal Control Committee meeting of May 29, 1979 . (Copies enclosed.) Minutes of the special study session of City Council of May 29, 1979 . (Copies enclosed.) 6. Communications -Action Recommended. (a) Request for an annual renewal of a 3.2 beer retail license for Leslie E . Howe d/b/a Sport Bowl, 3295 South Broadway. (Copies enclosed .) (b) Letter from the Chairman of the Animal Control Committee to the Mayor concerning the animal control ordinance. (Copies enclosed .) 7. City Attorney. Ordinance on Final Reading. (a) Ordinance approving an agreement between the Cities of Englewood and Littleton, Colorado, the Littleton Fire Protection District and Castlewood Fire Protection Distric t for the purchase of an interest by Castlewood Fire Protection District in the Joint Fire Training Facility. (Copies enclosed.) • I • • - • • • • Page 3 June 4, 1979 Agenda 7. City Attorne y (Con tinued). Bills for Ord inances . Bill vaca ting a portion of th e existing s t reet right-of-way in the 3500 block on South Marion Street, adjacent to and east of Blocks 1 and 2, of Yeager's Subdivision of Block 4, Verona Place, Arapahoe County, Colorado . (Copies enclosed .) Bill approving an agreement to study methods to utilize City of Englewood excess raw wa ter by Mission Viejo and approve the gr antin g of an option to lease Citv of Englewood excess raw Hater by Mi ssion Viejo Company . (Copies enclosed.) Reso lution. (d) Resolution authorizing the purchase or condem- nation of a fee simple interest in certain lands within the City of Englewood, Colorado, to orovide a site for construction of a fire station. (Copies to be transmitted at meeting.) Other Matters. (e) Attorne y 's Choice. 8 . City Manager . (a) Memorandum from the Director of Engineering Services to the Ci ty Manager concerning response to questions on Paving District #23 and Paving District #25 assessmen ts . (Memorandum, Ordinances and letters enclosed .) (b) Manager's ·Ch oic e. 9. General Discussion. (a) Mayor's Choice. (b) Councilman's Choice. a;/d;:o~rnment AN~~C C WN ci?r' ~anager • I • • - • • • • • CITY COUNCIL POLICE/FIRE CENTER -ERNIE ANDERSON ROOM May 14, 1979 SPECIAL MEETING: l A The City Council of the City o f Englewood, Arapahoe County, Colorado, met in special session on May 14, 1979, at 7:00 p.m. Mayor Pro Tern Mann, presiding, called the meeting to order. The invocation was given by Councilman Donald Smith. The Pledge of Allegiance was led by Mayor Pro Tern Mann. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Weber, Smith, Harper, Clayton, Mann. Absent: Council Members Williams, Taylor. The Mayor Pro Tern declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Director of Engineering Services Diede Deputy City Clerk Watkins * * * * * * Mayor Pro Tern Mann stated the purpose of the meeting was to consider an ordinance approving the whole cost of the improvements made in Paving District No. 23 . COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEARING CONCERNING PAVING DISTRICT NO. 23. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Weber, Smith, Harper, Mann. Nays : None. Absent : Council Members Williams, Taylor. The Mayor Pro Tern declared the motion carried . • I • • Jviay 14, 1979 Page 2 • • • Director of Public Wor ks Kells Waggone r, appeared before Council and made the presentation on th e paving district documentin g the process es of creating and compl eti ng the district. The distric t covers Dartmouth Street from Zuni Street to Santa Fe Drive. Mr. Waggoner stated $224,900 will be paid by the federal government; $28,800 by the City; and $58,700 will be assessed to the property owners. Mr. Waggoner discussed the optional methods by which th e property owner can pay for the assessment . Director of Engineering Services Gary Di ede , appear ed before Council and discussed the types of improvements that were made, the method of assessment, and the unit cost related to the final assessment. Mr. Waggoner stated a report will b e prepar ed concerning the protests that a r e registere d at this he a ring and it will be pre - sented at the June 4th Council meeting. The final reading of th e assessment ordinance will be considered b y Council at their re g ul ar meeting on June 18, 1979 . Mr. Waggoner stated the assessme nt costs quoted at this hearing are at a reduced rate than quoted be fo rehand because of the federal government's participation in the project. Mayor Pro Tern Mann asked if anyone in the audien ce wishing to speak in favor of the assessments. No one responded . Mr . Roy English, 8560 West Jefferson, Denver, stated h e had some questions concerning the district and requested permission to appear before Council. Mr . English asked how the assessment was com - puted on his property since it sits off the street and at a slope to Santa Fe . Director Diede stated th e asphalt was still broken down to front f ootage and the assessment straight back on a f ront footage basis. Mr. English stated he sold the prop e rty last year and ask ed who would be responsible for paying the assessment . City Attorney Berardini stated language in the sale agree- ment dealing with assessments will control who will pay. In further response to Mr. English's question, Mr. Berardini stated if such language is not contained in the agreement, then ordinarily, the purchaser wi ll have to pay because they receive the benefit of the improvement . Mayor Pro Tern Mann asked if anyone in the audience wished to speak to Council either in favor or opposition to the assessments in Paving District No. 23. No one responded . • I • - • • Ma y 14 , 1979 Pa ge 3 • • • COUNCILMAN CLAYTON MOVED TO CLOSE THE PUBLIC HEARING ON PAVING DISTRICT NO. 23. Councilman Harper seconded the motion. Upon a call of the roll, the vote result e d as follows: Ayes : Council Members Clayton, Weber, Smith, Harper, Mann. Nays: None. Absent : Council Members Williams, Taylor. The Mayor Pro Tern declared the motion carried. Mayor Pro Tern Mann closed the public hearing at 7 :25 p.m. and announced the next public hearing would be on Paving District No. 25 scheduled to begin at 7:30 p.m. * * * * * * The Council reconvened at 7:30 p.m. Mayor Pro Tern Mann, presiding, called the meeting to order. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Weber, Smith, Harper., Clayton, Mann. Absent: Council Members Williams, Taylor. The Mayor Pro Te rn declared a quorum present. Mayor Pro Tern Mann stated the purpose of the hearing was to consider an ordinance approving the whole costs of the improvements ma de i n Paving District No . 25. COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING CONCERN- I NG PAVING DISTRICT NO. 25. Councilman Harper seconded the motion. Up on a call of the roll, the .vote resulted as follows: Ayes : Nays: Absent : Council Members Clayton, Weber, Smith, Harper, Mann. None. Counc i l Memb e rs Williams, Taylor. The Mayor Pro Tern declared the motion carried • • I • • May 14, 1979 Page 4 • • • Director of Public Works Waggoner appeared before Council a n d made the presentation on the paving district documenting the pro - cesses of creating and completing the district. The district covers several and various streets througho u t the City. Mr . Wa ggoner stated that $234,901 of the costs for the project will be paid by the City and $664,667 of th e costs will be assessed to the propert y owners. Mr. Wa ggon er discussed the optional methods by which the property o wn er can pay for the assessments . Mr . Waggoner stated a report will be prepared concerning the protests that a r e registered at this heari n g and it will be presented at the June 4th Council meeting . The final reading of the assessing ordinance will be considered by Council a t their regular meting on June 18, 1979 . Director of Engineering Services Gary Diede appeared be- fore Council and discussed th e types of improvements that were made , the method of assessments , and the unit cost related to the final assessment. Mayor Pro Tern Mann asked if anyone in the audience wi s h ed to speak in favor of the paving district. No one responded . Mayor Pro Tern Mann as k ed if anyone in the audience wished to speak in opposition to the paving district. Mayor Pro Tern Mann entered into the record the fo llowing letters of protest to Paving District No. 25 : Ann L. Smit h, 2954 South Galapago Street Audrey L. Scott, 2926 South Galapago Street Clayton and Eleanor Smith, 4100 South Galapago Street Mrs. Paul Martin, 4166 South Lincoln Street Charles and Virginia Quesnoy, 2917 South Fox Street V.T. Tate, Tatewill Enterprises, 4781 South Grant Street Hugh and Mary Frazier, 4569 South Pearl Street Heson and Carol Masoudi, 2607 South Adams Street, Denver protesting the assessment at 4765 South Logan *Mr. Porfidio and Norma Jean Prado, 780 West Oxford . *Mr . George F . Wenzel, 4090 South Huron *Mr. Newton Magoun, 805 West Oxford . *Mr. Kenneth A. Love, 777 West Oxford . *Ms. Grace Womeldorff, 4070 South Huron *Mr. Chester Moyer, 770 West Oxford . *Mr . Peter L . Tardiff, 4101 South Galapago * The above people who signed the petition were represented by attorney John T. Van Voorhis . • I • - ( • May 14, 1979 Page 5 • • • Councilman Clayton reported that he was in receipt of a letter signed by several people protesting the finished work and asses sments in the 4500 block of South Pearl. Mr . Clayton stated he did not have the letter with him and would submit it to Council as soon as possible. Mayor Pro Tern Mann stated Council would hear objections to the district one street at a time. Mayor Pro Tern Mann asked for objections to 3200 South Delaware Street. Mr. Marvin Lavely, 3205 South Delaware, appeared before Council . Mr. Lavely opposed his assessment because the people living across the street from him were assessed the same amount for a 100 foot frontage as he was for a 50 foot frontage . Mr. Lavely asked for an explanation. Director Di ede explained that the property across from Mr. Lavely was assessed on twice as much front footage; however, the assessment was being paid by two property owners. He added Mr . Lavely was the only property owner from the front of the pro- perty back to the alley. The property across had two owners-- one owning the front half and the other the back half; therefore, they had to share the assessment cost. Mr. Lavely reported the curbing had deteriorated down to the rock bed. He stated the City had promised that the work would be repaired . Mr. Lavely stated he did not want to pay the assess - ment until all repa ir work had been completed to his satisfaction. Director Di ede stated there have been some problems in the district concerning the concrete due to the weather and poor quality concrete material. Director Diede stated he has discussed this problem with the contractor and the City is withholding pay- ment of his retainage fee until all the repairs have been completed. Mr. Lavely stated workmen from the City have been out to measure the concrete and promised him that the repair work would be done within two weeks and that was several weeks ago. Director Diede stated Mr. Lavely's name and address is probably on the list of concrete repairs. The City is making every attemp t to see that the contractor completes his work satisfactorily. • I • • • • • • May 14, 1979 Page 6 Mrs. Beverly Howell, 3255 South Delaware, appeared before Council. Mrs. Howell stated she was not satisfied with the sidewalk along the front of her property. She stated th e crew had to break up the old sidewalk when the street was put in; but the replaced sidewalk was crumbling and falling apart . Councilman Smith asked if staff had a list of names to verify the complaints registered at this hearing . Mr. Waggoner stated there was a lis~ however, he did not have it with him. There were many more names on the list than whatwill be taken during this hearing. Mr . Waggoner stated part of the pro - blem was that the whole concrete industry was having its difficult - ies, namely, a concrete strike . Mr . Wag go ner stated the poor quality concrete coupled with oad weather have resulted in spalling and dete- rioration. He stated the City expects to hold the retainage fee until the contractor has completed all reparis to the satisfaction of the City. Councilman Smith asked if all the work was being inspected as a matter of follow up or whether inspections were initiated through telephone complaints. Director Diede replied that every area was inspected and a ny in need of repair have been documented and placed on the list. Mr. Diede stated there may be areas that show deterioration at a later date but there was a two-year warranty on the work. Street . There were no further objections for 3200 South Delaware Street. Mayor Pro Tern Mann asked for objections to 3000 South Fox Mr. Terry Schaff, 3032 Fox Street, appeared before Council . Mr. Schaff asked why should the residents on his street have to pay for the assessments when the street was used mostly by heavy industrial trucks . Mr. Schaff stated it was unfair that the heavy trucks use a residential street for access to an industrial area. Mr. Gilbert Fisher, appeared before Couucil. Mr. Fisher stated he owned property at 3080, 3070 and 3066 South Fox. Mr. Fisher stated the truck traffic is excessive on Fox and the street was not constructed to handle the load. Mr. Fisher stated the found- ation of some of his homes are cracking and attributed the cause to trur.k traffic . Mr. Fisher stated signs need to be posted to keep out the trucks . He stated he has called the traffic department and complained about this problem. Mr. Fisher stated if the City int ends for the property owner to pay for the street then he wished the City would put up signs prohibiting trucks. otherwise 1 ha ve the iron works pay for the street . ' • I • • ( • • • .. May 14, 1979 Page 7 Mr. Vernon Tate, 4781 South Grant, appeared before Council. Mr. Tate stated he owned Lots 8 and 9 at 3028 South Fox. He posed the same questions as Mr. Schaff and Mr. Fisher. Mr. Tate stated the lots are vacant but he plans to build on them. The assessments at the vacant lots were the highest on the block because additional con- crete was put in. Mr. Tate stated a driveway was constructed on one lot, it happens to be in the wrong place and will not conform to his building plans. There were no oth e r objections for 3000 South Fox Street. Mayor Pro Tern Mann asked for objections to 4000 South Galapago Street. There were none. Mayor Pro Tern Mann asked for objections to 4100 South Huron Street. Ther e were none . Avenue. Mayor Pro Tern Mann asked for objections to 100 East Layton Mrs. Verna Hanney, 4799 South Sherman Avenue, appeared be- tore Council . Mrs. Hanney stated her assessment was approximately $600 higher than the assessment across the street and asked for an explanation. Mrs. Hanney asked if the difference was the cost of removing three trees on her property . Director Diede stated the City pays for removal of all trees that are in the right-of-way line. The reas o n wo uld be the sidewalk, curb and gutter replacement. Mayor Pro Tern Mann stated staff would research the matter and get back to her. There were no further objections to 100 East Layton Avenue. Mayor Pro Tern Mann asked for objections to 400 East Layton Avenue. There were none. Mayor Pro Tern Mann asked for objections to 600-800 West Oxford Avenue. Mr. Carlin Bleidt, Lobato-Bleidt, Bleidt & Haight, P.C., a pp eared before Council. Mr. Bleidt stated he was representing seven property owners in the paving district: • I • • May 14, 1979 Page 8 • • • Mr. and Mrs. Prado, 780 West Ox fo rd Mr. George Wenzel, 4090 South Huro n Mr . Ne wton Magoun, 805 West Oxford Mr . Kenneth Lo ve, 777 West Oxford Ms . Grace Womeldor ff, 40 70 South Huron Mr. Chester Moyer, 770 West Oxford Mr . P eter Tardiff, 4101 South Gal a pago Mr. Bleidt requested a written response on eac h of the abo ve property owners' assessments and how the property was assess ed . Mr . Bleidt stated h e felt there wer e some things that ha v e taken place in the district which are in violation of the state con- stitution. The district primarily benefits an industr i al area a nd while not assessing the industrial area it is a denial of equal pro - tection to th e residents . Mr . Bleidt stated there must be a reason - able r elationship between the assessment and the benefit r eceived in a pa vi ng district. Th e benefit will be to the surrounding in- dustrial areas and not to the residents. Mr . Bleidt argued that certain districts received monetary award and o th e rs did not . In paving d i strict #25, no money was received from the Urban Systems Program whereas in paving dist rict 823 money was received. Th ere - fore , there has been a punis h ing of one district; namely 825. Mr . Bleidt stated the property owners have limited income and argued that they will not receive any dire ct benefit from th e district. Mr. Bleidt stat ed there were no notices of the basis on the form that was used on determining what the estimate was or open bid ding on some of the concrete mater ial . Director Died e stated there was open bidding o n the concrete material and paving . The property owners did have the option to com- plete the concrete work before a certain date if they preferred to do so. More than one bid was receiv e d . Mr . Bleidt stated since the quality of the work appears to be poor , the benefit of the work has not yet been conferred on the owners . He submitted that the assessment is premature and could no t be collected at this time because it would be a pr etaxation . Mr. Bleidt asked that the City Council stay the final passage of the ordinance levying the assessment until all the repairs have been made and reconsider the amount of monies contributed by the City in view of the benefit to the City a nd the industrial section s . Mrs. Eleanor Smith, 4100 South Galapago, appeared before Council. Mrs. Smith requested an itemized list concerning her assessment . She requested an explanation as to why t h e assessment was higher on Galapago than Fox. Mrs. Smith compl aine d of the truck traffic on Oxford and stated the street will no t hold up under these conditions . • I • • ( • • • • May 14, 1979 Page 9 Mr. Trigg Shelton, 4085 South Huron, appeared before Council. Mr. Shelton stated he has lived at this property for 9 years and was witness to the increas e of traffic on Oxford. Mr . Shelton also questioned why the crews dug holes in the street, filled them up, then paved over them. Mr. Shelton stated he felt the assessment was wrong. Mr. Newton Magoun, 805 West Oxford Avenue, appeared before Council. Mr. Magoun stated he felt Oxford and South Huron were in goo d condition before the paving was done. He stated he was on a fixed income and could not make the payments. Avenue. There were no further objections to 600-800 West Oxford Mayor Pro Tern Mann asked for objections to 200 West Prince-ton Avenue. Ms. Janice Metcaff, 4150 South Cherokee, appeared before Council. Ms. Metcaff stated she did not hear the presentation and asked nor clarification of the zone assessment method. puted. Director Died e explained how the zone assessment was com- There were no further objections to 200 West Princeton. Mayor Pro Tern Mann asked for objections to 100 -300 East Princeton. Mr. Richard Fullerton, 4197 South Logan, appeared before Council . Mr. Fullerton contended that he did not get any prior notification of the assessment; and since he was a general con- tractor he could have completed the work himself. He requested a breakdown of costs and a reason why they are paying for a certain amount. Mr. Fullerton felt the work was not an improvement but an increase in costs borne by the property owners. He stated of the three trees that were replaced, one was dead and will have to be replaced as well as some dead grass. Mr. Fullerton re- quested the City to consider a backcharge against his assessment for these costs and to postpone the assessment until he is satisfied . There wer e no further objections to 100 -300 East Princeton Avenue. Mayor Pro Tern Mann asked for objections to 000 -400 East Union Avenue. There were none. • I • • May 14, 1979 Page 10 • • .. Mayor Pro Tern Mann asked for objections to 2000 -2300 West Wesley Avenue . There wer e none. Mayor Pro Tern Mann asked for objections to 400 -600 West Bates Avenue. Mr. Charles Vanarnam, 2920 South Elati, appeared before Council. Mr. Vanarnam stated he received no notice of the district and has lived at the above address for 2 years . He stated he did not understand why he was paying fo r a street he did not live o n. Mrs. Audrey Scott, 2926 South Galapago, appeared before Council on behalf of Ann L. Smith, 2954 South Galapago . Mrs. Scott read Mrs. Smith's protest letter for the record. Mrs. Audrey Scott, 2926 South Galapago, appeared befor e Council. Mrs. Scott questioned why she was being assessed for the 600 block of West Bates when she thought she lived in the 700 block. Director Diede exp lained that the 600 block of West Bates was between Fox and Galapago and the 700 block was on th e west side of Galapago . The east side o f Galapago is within the 600 block. Mrs. Scott asked why was she being assessed; why up o n de- fault of payment within the ten year period the total amount becom es due -Mrs . Scott stated this was not explained in the letter; do es the installation of storm sewers get assessed to the property owners; and if there were any federal funds available for Paving District #25 . Mrs . Scott objected to the assessment beca use s he felt she was receiving no benefit from it . Director Diede stated she was being assessed for the asphalt . Director Waggoner explained the section on default of payment was not in the letter and the fact that the amount becomes due and payable is the standard procedure the County uses in handling any assessment or lien against the property. Director Diede stated the City pays for installation of storm sewers and there were no federal funds for this dis trict. The City had applied for federal assistance for Ox ford; however, the a pplication did not receive enough points to be granted money. Director Diede stated most of the streets in the district are not urban system streets thus disqualifying the district for any assist-ance for federal funds. Mayor Pro Tern Mann stated staff would prepare a letter to Mrs. Scott in response to her questions posed at this he ari n g . • I • - ( • May 14, 1979 Page ll • • • Mrs. Scott stated that she had called the City when she re- ceived the public notice last year. The person she talked with assured her that she was not involved in the paving district and that she need not attend the public hearing. Director Waggon er stated if she had received a letter then she would be in the district and assessed . Mrs . Virginia Quesnoy, 2917 South Fox, appeared before Council . Mrs . Quesnoy asked how they would be billed and why did they widen Bates . Avenue . There were no further objections to 600 -800 West Bates Mayor Pro Tern Mann asked for objections to 1900 West Cornell Avenue. Mr. Phil Grimm, 1920 West Cornell, appeared before Council. Mr . Grimm stated he was assessed twice the amount quoted to him, he had called the City about it and after the department had checked it, there was an error . The amount will be reduced by 28%. Avenue. There were no further objections to 1900 West Cornell Mayor Pro Tern Mann asked for objections to 29 00 South Shoshone . There were none. Mayor Pre ~em Mann asked for objections to 2900 -300 0 South Umatilla Street. There were none . South Mayor Pro Tern Mann asked for Vallejo Street. There wer e none. objections to 2900 -3000 Dartmouth Mayor Pro Tern Mann asked Circle . There were none. for objections to 3000 South Elati Mayor Pro Tern Mann asked Street. There were none. for objections to 4100 South Pearl Mayor Street . Pro Tern Mann asked for objections to 4500 South • I . • • • • May 14, 1979 Page 12 Mr . Marvin Minnick, 4565 South Pearl, appeared before Council. Mr. Minnick stated the overlay was less than 3/4" thick and passed around photographs. Mr . Minnick stated the cost of assessment is higher than what was quoted to him . Mr . Hu gh Frazier, 4569 South Pearl, appeared b efore Co un cil . Mr . Frazier stated the first nctice he received was the assessment letter and asked for a breakdown cost. Dennis Olson, 4572 South Pearl, appeared before Council. Mr . Olson stated he felt the street was in good condition before the paving was done. He asked Councilman Clayton how he felt abou t it . Councilman Clayton replied the assessment will be rechecked and asked the staff to recheck the street . Mrs . Rita Reen, 4564 South Pearl, appeared before Council. Mrs . Reen stated she had received no prior notice and did not know how she was going to pay the assessment since her husband was out of work . Mr. Marvin Minnick, 4565 South Pearl, reappeared before Council. Mr . Minnick asked when will the City break up the street again to install water mains . Mr . Minnick queried the provision of the ordinance concerning default in paym e nt. He stated he did not see it in the newspaper . Mary Frazier, 4 5 96 South Pearl, appeared before Council . Mrs . Frazier stated young families were be~inning to buy homes in her neighborhood, but would not c ont i nue ir they had to pay for a house and assessments, t oo . Street. There were no further objections to 4500 South Pearl Mayor Pro Tern Mann asked for objections to the Alley East of 4700 South Broadway. There wer e none. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. COUNCILMAN CLAYTON SECONDED THE MOTION. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Clayton, Weber, Smith, Harper, Mann. None. Council Members Williams, Taylor . • I • - • ( • May 14, 1979 Page 13 • • • The Mayor Pro Tern declared the motion carried . Mayor Pro Tern Mann adjourned the meeting at 9 :30 p .m. • I • - • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO May 21, 1979 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30 p.m. on May 21, 1979. order. Mayor Pro Tern Mann, presiding, called the meeting to The invocation was given by Elder Doran Whitaker, Englewood Ward, Church of Jesus Christ Latter-Day Saints, 999 East Tufts Avenue. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Pro Tern Mann asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Absent : Council Member Taylor. The Mayor Pro Tern declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 7, 1979. 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. Council Member Taylor . The Mayor Pro Tern declared the motion carried. * * * * * * • I • • May 21, 1979 Page 2 • • - Pre-scheduled visitor, Mr . Eddie Tanguma, 1020 West Tufts Avenue, was present. Mr. Tanguma stated he was representing the parents of the Englewood Band Boosters. Mr. Tanguma stated the Englewood High School marching band has been invited to march in the 1980 Rose Bowl Parade . He requested a donation from the City Council in the amount of $30,000 to help defray the expenses that each band member will have to incur. Mr .. Tansuma stated it is estimated that each student will have to pay ~350 a piece and a donation from the Council could reduce that amount. The following band members appeared befo re Council and spoke on the request for a donation: Roger Valaquez Nancy Foster Kay Bowling Bob Weinstein Jean Alelowe Lori Leachman Jeannie Taylor David Semour Councilman Smith asked how many band members would be going to Pasadena . Mr. Tanguma stated 180 students, plus band parents and teachers as chaperones, a school nurse, and the band director Dr . Jess Gerardi. Mayor Pro Tern Mann stated Council would set a study session with Mr . Tanguma and Dr . Gerardi when Dr. Gerardi returns from a preliminary trip to Pasadena and has a closer approximation of the total cost to make the trip . * * * * * * Pre-scheduled visitor, Mr. Dick Phelps, Phelps, Benz & Associates, was present. Mr. Phelps presented the bid recommendation for the second nine holes at the Englewood Golf Course. Mr. Phelps recommended the low bid from Randall and Blake of Littleton, Colorado, be accepted in the amount of $692,840.66. COUNCILMAN SMITH MOVED TO ACCEPT THE RECOMMENDATION AS STATED BY MR . BILL JAMES IN HIS LETTER TO MR. MCCOWN DATED MAY 17, 1979, ACCEPTING THE LOW BIDDER AS RANDALL AND BLAKE OF LITTLETON IN THE AMOUNT OF $692,840 .66 AND ALSO RECOMMENDING SUBSEQUENT PARA- GRAPHS REGARDING ALTERNATES 1, 2, AND 3. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann . I • ....... • May 2 1 , 1979 Pag e 3 Nays : Absent: • • .. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Mayor Pro Tern Mann asked if there were any other visitors wishing to speak to Council on any matter. Mr. Maurice Merlin, 3688 South Sherman, appeared before Council. Mr. Merlin spoke on the upcoming changes in Boards and Commiss i ons that will appear on the ballot in the next Council el e ction. He also spoke on the traffic survey questionnaire that was circulated with the last issue of the Englewood Citizen. Mr. Merlin spoke against hiring outside consultants to study specific problems; h e thought the administration should rely on its staff members. Mr. Merlin requested information on how much money has been spent on outside consultant work during the years 1977, 1978, and 1979. Mr . Merlin discussed also the Little Dry Creek project and that he had not received any recognition from the City Council on his ideas for the project. Mr. Walter Swanson, Chicago Bridge & Iron Company, appeared before Council. Mr. Swanson stated his firm was one of the bidders on the elevated tank project and wished to discuss the matter with the Council. City Manager McCown transmitted the letter which Mr. Swanson had delivered earlier to his office concerning the project . COUNCILMAN WEBER MOVED TO BRING FORWARD AGENDA ITEM 6C- "MEMORANDUM CONCERNING THE AWARD OF BID FOR THE OVERHEAD STORAGE TANK". Counc i lman Clayton seconded the motion. Upon a call of th e roll, the vote result e d as follows: Ayes : Counc i l Members Williams, Weber, Smith, Harp e r, Clayton, Mann. Nays: Non e . Ab s ent : Coun ci l Me mber Taylor. The Ma yo r Pro Te rn declared the motion carried . • I • • • Ma y 21, 19 79 P a ge 4 • • - City Manage r McCown presen te d the me morandum from the Director of Finance and the Director o f Utilities concerning the award of a bid for the overhead storage tank. Mr. McCown stated staff recommends that all bids be rejected and that the tank be rebidded. Director of Utilities Fonda appeared before Council and discussed the matter. Mr. Fonda stated the low bid was submitted i n error and it probably would not be advisable to proceed with the award. Also, the architect is altering the earthquake design of the tank; therefore, new specifications would be written. Mayor Pro Tern Mann asked if the new design would alter the cost since the bids have already been opened. Director Fonda stated new specifications and design would change the bids. COUNCILMAN SMITH MOVED TO ALLOW MR. SWANSON FROM CHICAGO BKIDGE AND IRON COMPANY TO SPEAK ON THIS MATTER. Councilman Harper seconded the motion. Councilman Smith stated the staff's comments substantiat e d their recommendations and bids should be rejected if the specifications change . Councilman Weber stated it was not in the best interests of Council to recognize public debate. People can make arrangements to talk to Council under pre-scheduled visitors. Councilman Clayton stated Council can not go into individual debates on individual items. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absen t: None. Council Members Williams, Weber , Smith, Harp e r, Clayton, Mann. Council Member Taylor. The Mayor Pro Tern declared the motion defeated. COUNCILMAN WEBER MOVED TO ACCEPT THE RECOMMENDATION FROM THE DIRECTOR OF UTILITIES AND DIRECTOR OF FINANCE ON THE BIDS FOR THE ELE- VATED TANK. Councilman Smith seconded the motion • • I • • May 21, 1979 Page 5 • • • Councilman Web e r queried why the last two projects on certain water projects have involved errors in bidding. City Attor ney Berardini explaine d th e difference between the two circumstanc es surro u nding t h e bi d s on t he water tran s mission mains and the ele va t ed tan k . Upon the call of the roll, the vote result e d as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann . Nays : None . Absent: Council Member Taylor . The Mayor Pro Tern declared the motion carried. Mr s. Audrey Scott, 2926 Sou th Galapago , appeared befo re Council . Mrs. Sc o t t discussed the frozen water line problem and t he petition sign ed b y numerous citizens requesting Council to ass ume res pon s i b i l i t y of the water mains. Mrs. Scott asked Council what action was going to be taken regarding future freezes, re- pair of water lines, a n d if the mo nies funded under river redevel- opme nt in the six quarter budget could be used to solve the water line problem . Mrs . Scott asked Council to reconsider the matter and reintroduce an ordinance assuming full responsi b ility for the wate r mains. Mrs . Isabella Knight, 3021 South Lincoln, appeared before Cou ncil . Mrs . Knight stated Mr . Stephen Dreher called her trying to find a copy of the Bel levi e w Fire Station study. Mrs . Knight asked if there was a copy ava i lable to the public. City Manager McCown replied the or iginal study conducted by the Public Technology Incorporation was on the location of Tejon and Federal . The firm l a ter looked at other parts of the City but di d not submit a f ormal report, only statistics in a computerized fo rmat. Mr. McCown stated Mr . Dreher was welcomed to look at any relevant information he had on the subject. Mrs. Knight asked for clarification on the l ocations for low cost housing. Councilman Clayton stated the proposed areas are presently vacant land but he did not know the exact locations . Mayor Pro Tern Mann asked if there wer e any other visitors wishing to speak to Council . There were none. * * * * * * • I • • • May 21, 1979 Page 6 • • • "Communications -No Action Recomm ended " on the agenda were received: (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Appea ls meeting of April 11, 1979. Minutes of the Planning and Zoning Commission meeting of April 17, and April 24, 1979. Minutes of the Denver Regional Council of Governments meeting of April 18, 1979 . Minutes of the Animal Control Committee of May 14, 1979 . Memorandum from the Municipal Judge to the Mayor and Members of Council concerning the Municipal Court activity report for April, 1979 . * * * * * * City Manager McCown presented a recommendation from the Planning and Zoning Commission meeting of May 8, 1979, concerning the vacation of a right-of-way in the 3500 block of South Marion Street . Mr. McCown stated the City 's records reflect that it has 75 feet of right-of-way along this block; whereas, only 60 feet is required. The applicant in this case has requested that the City vacate approximately the west 37.9 feet of the existing 75 feet of right -o f-way . The staff is recommending that the City vacate approximately half of the additional feet over 60; i .e . 15 feet, all along the entire block because it would not be sensible to vacate a portion of it in front of the 3500 block. COUNCILMAN SMITH MOVED TO ADOPT THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION REGARDING THE VACATION OF THE RIGHT-OF-WAY 3500 BLOCK OF SOUTH MARION STREET AND THAT THE CITY VACATES LESS THAN 37.9 FEET. Councilman Weber seconded the motion. Council discussed the above matter at length questioning whether or not any further information would be gained through mo re investigation, or whether the property should be sold or vacated. Councilman Smith stated all pertinent testimony has been heard by the Planning and Zoning Commission and he considered the case closed. In response to Councilman Harper's question, City Manager McCown stated all the property owners have been notified • • I • - • May 21, 1979 Page 7 • • • COUNCILMAN CLAYTON MOVED TO TABLE THE MATTER UNTIL THE NEXT REGULAR COUNCIL MEETING AND TO INSTRUCT STAFF TO FURTHER INVESTIGATE THE ISSUE WITH THE PLANNING AND ZONING COMMISSION AND LEGAL STAFF. Motion died for lack of a second. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Mann. Council Member Clayton. Council Member Taylor . The Mayor Pro Tern declared the motion carried. * * * * * * Mayor Pro Tern Mann declared a r ecess at 9:05 p .m. The Council reconvened at 9 :15p.m. Mayor Pro Tern Mann asked for a roll call . Upon a call of the roll, the following were present: Council Members Williams, We b er, Harper, Clayton, Mann . Absent : Council Members Smith, Taylor . The Mayor Pro Tern declared a quorum present . * * * * * * City Manager McCown presented a request for a Hotel/ Re staurant Liquor License renewal for Lord Byron's Restaurant, 1001 West Hampden Avenue . COUNCILMAN WEB ER MOVED TO APPROVE THE HOTEL/RESTAURANT LIQU OR LICENSE RENEWAL FOR LORD BYRON'S RESTAURANT, 1001 WEST HAMPDEN AVENUE. Councilman Harper seconded the motion. Upon a call of the roll, the vote iesulted as follows: Ayes: Nays: Absent : Council Members Williams, Weber, Harper, Clayton, Mann. Non e . Council Members Smith, Taylor. Th e Mayor Pro Tern declared the motion carried. * * * * * * • I • - ( • May 21, 1979 Page 8 ORDINANCE NO. 22 SERIES OF l Y7Y JSY AUTHORITY • • • COUNCI L BILL NO. 2 5 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING AGREEMENT BETWEEN ·THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO, KNOWN AS THE "CITY DITCH AGREEMENT", WITH CERTAIN AMENDMENTS. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 25 ON FINAL READING. Councilman Harper seconded th e motion. Director of Utilities Fonda appeared before Council and discussed with Councilman Clayton the capacity of the ditch, present and anticipated. Councilman Clayton stated he would prefer more information on the capacity befor e voting on final passage . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Williams, Weber, Harper, Mann. Counc il Member Clayton. Council Members Smith, Taylor. The Mayor Pro Tern declared the motion c a rried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNC IL BILL NO. 27 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO, THE LITTLETON FIRE PROTECTION DISTRICT AND CASTLEWO OD FIRE PROTECTION DISTRICT FOR THE PURCHASE OF AN INTEREST BY CASTLEWOOD FIRE PROTECTION DISTRICT IN THE JOINT FIRE TRAINING FACILITY • • I • • - • May 21, 1979 Page 9 • • • COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 27 ON FIRST READING . Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, We b er, Harper , Clayton, Mann . Nays: None. Absent : Council Members Smith, Taylor. The Mayor Pro Tern declared the motion carried . * * * * * * City Attorney Berardini discussed the recent ruling b y the Colorado Supreme Court in the case of Herman Oliner , Bess Oliner, and Ro bert Oliner vs. the City of Englewood . Mr . Berardini stated the c a se i nvolves the lease/purchase agreemen t t h e Oliner 's have with the Ci t y for the land upon which t h e P olice and Fi r e Center i s located. The Oliners have sought to h ave their lease and option provision declared void on the grounds that the option provision violated the rule against perpetuities . The Colorado Supreme Court concurs with the District Cou r t that the option terminates at the end of the lease period, and the lease agreement does not violate the rule against p erpe t uit i es. City Attorney Berardini stated after 199 0 , the City can purchase the land according to the terms of purchase in the agreemen t. * * * * * * City Attorney Berardini stated the City recently won a case in the District Court, Andresen vs. the State Highway Department, City of Englewood, City of Cherry Hills and Arapahoe County. The case refers to the flood of 1973 and the court has dismissed the City of Englewood on the basis that the City can not be held responsible since its flood plain ordinance was in effect at the time. * * * * * * City Attorney Berardini transmitted an agreement between the City of Englewood and Mission Viejo Company to study methods to utilize the City's excess raw water and approve the granting of an option to purchase the City's excess of raw water by Mission Viejo Company • • • I • • May 21, 1979 Page 10 • • .. COUNCILMAN SMITH MOVED TO RECEIVE THE AGREEMENT BETWEE N THE CITY OFENGLEWOOD AND MISSION VIEJO COMPANY CONCERNING PHASE II AND TO IN- STRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR READING AT THE NEXT REGULAR MEETING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Williams, Weber, Harper, Clayton, Mann. None. Council Members Smith, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO APPOINT MARGARET V. PEARSON TO FILL THE VACANCY ON THE LIBRARY BOARD AND WHOSE TERM WILL EX- PIRE ON FEBRUARY 1, 1980. Councilman Harper secon d ed the motion . Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Harper, Clayton, Mann. None. Council Members Smith, Taylor. The Mayor Pro Tern declared the motion carried. RESOLUTION NO. 23, SERIES OF 1979 * * * * * * A RESOLUTION APPROVING APPLICATIONS FOR PRELIMINARY LOAN FOR LOW- RENT PUBLIC HOUSING. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 23, SERIES OF 1979 . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Harper, Clayton, Mann. None. Council Member Smith, Taylor • • 4 I • • - • May 21, 1979 Page 11 • • • The Mayor Pro Tern declared the motion carried. * * * * * * There was no further business to be discuss ed . * * * * * * Mayor Pro Tern Mann adjourned the regular meeting without a vote at 9 :40 p .m. v • 0 I • • • • • • 6/4 ANDY JANICE LISTENED TO THE TAPE CONCERNING THE MISSION VIEJO AGREEMENT AND IT INDICATES THE MOTION WAS AS FOLLOWS: "TO PASS LEASE OF AGREEMENT AND INSTRUCT CITY ATTORNEY TO WRITE UP AN ORDINANCE FOR READING AT THE NEXT MEETING" PAT • I) I • • ( • • • ,. .. TO: FROM: Richard of Community Development DATE: May 30, 1979 SUBJECT: Encroachment Request /3801 South Elati Street Mr. and Mrs. B. W. Elliott, owners of property at 3801 South Elati Street, would like to install a 42-inch chain-link fence along the north side of their rear yard to give them more privacy from the traffic on West Lehigh Avenue. The fence would be installed three (3) feet from the back of the sidewalk, and would run from the rear property line to the back of the house. We have received communication from the Director of Public Works, the Director of Engineering Services, and the Chief Building Inspector regarding this request, and they have no objection to the granting of the encroachment. The fence it- self will encroach approximately 6 feet into the West Lehigh right-of-way, ----- The Department of Community Development has no objection to this encroachment. However, on other occasions I have raised some concerns regarding the procedure for approving an en- croachment of this nature, and I would like to raise these concerns again. Because the approval of these types of en- croachment requests has been rather automatic, I believe that we could devise an administrative process to review these. In the specific case of a fence installation, we would ensure that: 1. The fence is installed no less than twelve (12) inches behind the sidewalk; 2. The owners agree in writing that if requested to do so, they will remove the fence from the right-of-way at their cost, and unders tand that if they do not do so that the City will remove the fence and assess the cost against the owners; 3. The fence installation complies with all other require- ments o f the Fence Ordinance and Comprehensive Zoning Ordinance, i.e., height not obstructing view, etc. 4. If the adjoining street bas been in a Paving District and there are no foreseeable plans to widen the roadway, the approval of the encroachment has become rather routine • 0 I • SOUTH i.ULL l ·1500 1-4940 HE 1 G H $ L -1500 1-4980 IF1l ~ I P. L -1500 1·5130 ELATI • • - l ·I !>OC' I ·513(. • L ·l200 1·5010 L -1 500 I· 72 4 0 L·l20 1 ·52 SO 1.~£. K.-'4 . 0 t ·I 20>qO .. I 1 .I"I'ulv •• ,.....~·· •I 50 4Cj L -1 500 I ·5110 STREET L t 1200 L -1 200 I I -''\"V'I ~ rr u: • ( ( • • • TO: City Kaoaeer McCown I r (' PROM: Richard s. 1Jaaueh, Director o~ Coaaunity Development DATE: January 10, 1979 SUBJECT: Encroachment Bequest 3234 South Elati Street 11r. Einar R. Buraet, property ow oar at 3234 South Ela ti Street, baa requested per.iaaion to ioetall a 42-inch chain link fence across the front of his property at that address w~ich will encroach appros~tely four ~eet into the public right-of-way. l&r. Bureet applied for the perait to install the tence in aliga.ent with the fence to the south of hie property and it was dete~ned that the fence would be in the right-of-way. Mr. Burget was then notified that he would have to request permission to encroach into the public riaht-of-way. It is understandable that Mr. Buraet was unaware ot the necessity for applyine for encroac~nt approval, because ten other properties on tbe east aide ot the 3200 block of -South Blati Street have fences which encroach into the rieht- of-way. The .four fencee to the north of bis property are aet:bacll between 1.8 and 2 feet behiJld the sidewalk, encroaching approz~taly three feet. The siz ~eocea to the south of Mr. Burget's property are set back in the vicinity of 7 inches behind the sidewalk aDd are encroaching approx~tely four t eet into the right-of-way. Mr. Buraet would like bis fence to be in alignment with tbe fences to the south. All of these fences were apparewtl~ installed in the 1950's, but only ooe other fence perai t is in the Code Enforcement Division's files. This perait wae for the fence• at 3210 South Elati Street which was issued in 1956. No record ie lll8de of encroRchaent agreeaenta having been iaaued to any o! the other property owners in the block. The fences are in, they are well-aaintaiaed, aDd it would seea tba t there would be no public beoefi t to be ga1oed by makina Mr . Burget ioatall his fence at the property lioe rllther than in al1gD118nt with the fences to the south of his property. • I • • I ( ( ( • City Kaaager KoOown Jamaary 10, 1979 Page -2- • • • The 3200 block of South JUati Street was illcludad in Paviq District .Nuaber 13 in 1963. lf tbe roadwa7 in that block were ever to be w1deDed, all of the feQOBa on the east aide ot the atr .. t would obv~l7 have to be relocated. Both the Chief Bu1ldiq IJWpeotor and the Director ot PUblic Works have indicated that the7 would Dot object to the iutalla• tion of the feACe as propoeed b7 Ill'. Burget, and the PlallDiQg Division would recoa~~end that the requeet be approved. ~~· .~1 ~~~ !:~:r:-=: :~ :::~ ~::il":;=:i !f ~!!:v:f this type ot eACroachaent 1a Dot oD17 tiae COA8ua1Ag and trustratiQK for the property ow11er, but takes up Ulllleoeaaary space on already filled OoUDCil agPdae. J'or aaaple, all the feQCes on thia block encroach, but DOQe baa an eQCroach- ment agree•nt. It we would ever Deed this right-ot-way, we could get it, encrcac~t agr .... nt or Dot. The reason the-penaits oc:.e before Council 1s Article XI"i, Section 133 of the Eqlewood Charter, which states that CouQOU may grant peft11ts for the t .. porar7 use or occupation of any street, alley, or public plaoe. The City AttorQey baa geDerally interpreted thia to iDClude such it ... as tenoes, awn1qa, etc. I believe that a aore appropriate way to handle these types of it ... that an wally ra.onble would be to attach a special notice to aaob such ~t Dotifyiag the applicant that their feDCe, awmq, atcn, etc. is 111 the Plblic right-ot-way and Q that the City r .. erv .. the right to have it reaoved at any ttae. Of courae, we would still do the .... type of investisa- tion that we DOW do to ineure that there is DO public harm and that we do Dot intend to uae the right-ot-way in the foraeeab:Je future. -·· • I . -• I f!J osh ~~ 1 • l ~~L~~========~·~~~------------_j ~ ({. J '\!}._ . ~======~~~------------• I . Ma ;r or an1 City Council ·1e mbe rs Ci ty of En gl ewood , Colorado • • - ~·IE, THE r:"l":'l.SI GNED, AilE OPPOSED TC TW. RSLOCAT I CN OF FH": STATI CN #3 FROM ITS CU?8".:NT LO CATION ON '.W..sT BELLEVI~ TO Tfl E SOU THEAST CC it E'l. OF lAYTON ,\J\'D SOUTH 1\COMA . THE EXPENSE I NVC LVED IS GR.S .~T lll l'J 'IS F?.":L THAT CUR ELEC~D REPRES ENTAT IVES SI10U LD R"':VIE'·T TJ.!E :E":") FO 't All EXP E!PJITIRS OF TJ-II S SI ZE, AS \·!ELL AS THE l "X:"!SS ITY OF '1ELO C:,TIO •r OR REt!CV \TIC N CF TH IS RELATIVELY N":':l STATIC N. AlDR"':SS s 7 • ' I . 1'7 Ma:ror an:l City Council Ne mbers City of En ~lewo od, Colorado • • - '.IE, TIE ''')Sl.SIGNED, A.!U: OPPOSSD TO TH!': RSUJCAT ICN OF FBS STATIO! #3 FRCM ITS C U!Ut~!T UJC~.TIO ON '-ll"..BT BELLEVI~-1 TO THE SC UTHEAST CC <tNE.'t OF LAYTON .\t:n SOUTH ACOMA . THE EXPENSE I NVC LVED IS GRO:.\T I>Jl :l 'IS F?.":L THAT CUR EL~T":D R E:PltES ~TAT IVF...-S SHOULD R":VTE'·I 1'1-!B ~~ FO R A 1 EXPEtlDITURE OF TIII S SIZE , AS 1·1ELL AS TH'S ll"X:ESSITY OF RELOC .\TIO N OR REN CV \TICN CF TH IS RELATIVELY NS'~ ST ATION . N i\1 ~ (writt.en) NAME (nrinted) A)DR"'.SS • I . Ma y or an-i City Coun cil l'r-mhPr:; 01 ty of En r,l n;10od, Colorn rlo - ·---------------.... ':11, TifF.: lll ''lC.: 13T r, rm , ,, t ·, TP f '~ ~ 1 1'1 ·:·11 : 1"":! < , • 'H •: C'F Fi l."': STA't'IC1N #3 ~ ITS CtmREr1T LO C.\TIO 0 11 'F:S't' fi":T.L-;;"IJ ":'I TO 'IF. Sl J'r lUST CO rtN ER OF LUTON ANn SOUTH COMA . '1'!1"'2: r.;xp . ·s -: I!"Jfl'T:T) IS Gl.S .T ll!ID 'IS FEEL THAT OUR l!:L~ REPRES~TATIVl".S 311 0 \l LD 'l::VI ':: I T'lf. 1:--::-:;T) FO 'l AI EXPEl1DlT\JRE OP' THIS SIZ'!, AS H'!LL AS T fS !J SCESSITY OF :lELC C. TIO ! OR 'lD.'CV \TICN OF THI S RIUTlV'!LY NE'.~ STATICN. NAHE (;tl"itten) NA N"': ( l"intorl ) · C A (" 'CL ~~-~~--~~~.,_ _ _.j)bUM.:l,c ... '"._l _.tl ..... .bl.,U A!Jrk s o ~J 2 I] 0 J :>. L I f"' "\ VT s --?-7<J 54-,. CL . e ..5..~.>.£-.J•gqSAJ . ,, k "" S L.9.,4,, .!. 1 5 S 7'1 &...~~~!dfV{_= 4a~y4/~,)h p33 ~" f-h-~~•Hl---_ ()-3 ~7~-:rJ~ ~?rd/ /00 (/ ?/~~ ..¥-¥-~-.:~~~ \\.w.wQ'¥7 1 ~£1;Q.~S3 'f-!~"'>&.§1<.. SO~C) l1. S>o 2,p. nJ(),'\Q_,, ? ~ . ~ ..&>. GRR~I ~ 3]a;,d~ 67t-'7f-:7< ~ ___ yf4?5_~ -~~7'_~- Piige-:L_ of :L:Papo s /R • I G Ma ~ror an'i Ci t y CounciJ 1'r1nhr r :1 City of En ~l ,..;rood, A">lo m rlo • - ':I'E 1 TifT': ll'"'l'": '.'"iF ·.n, , t , 011 < ; ~1 1 \'l ',"1: •-:J (,. 'TC •: C'F' F T C ST.\Tl 0N /13 P'RQ.f ITS CU'l.FI.Et!T LO C ·.TIC'" l' 'r.ST n-::rr;O:"T; 1 TC "' 'C. St , r'I"EAS r CC ;-t t !':1 OF LUTON fl!ID SOUT I nCOHA . 1.'1•·• TAP .·~r: F '.'f LV-:'J I S GlS .T '• 'J '1": ~L THAT THIS SIZ!!, AS HELL f..S Til'S 'r.:Gl'S SITY C'F :1 81C r. .TIC'" err '1t:!'CV \Tictl CF THI S RELAT!VELY Jf":'·l ST ATIC!!. I . • • Ma ;ror and City Council l·l embers City of En gl ewo od, Colorado • • - ':TE, THE ;1)-:lSIGNED , A!tE OPPOS~ TO THR ~LOCAT ION OF FI 1~ STATIC'N #3 FRGI ITS CURRENT LO CATIO 0 1 '-8ST B~I~..J TC THE SCU THEAS T CC it Eq OF LAYTON ,\NTl SOUTH ACOMA . THE EXPE!lSE IllVC LVE'l IS GP.O:~T !'J 'IS FE"':L THA T CUR ELECT'ID REPRES ENTAT IVES SlWULD RWI"E;·I TlfS !:-ES'J FQ q A l !::XP Et DITIRE OF TillS SIZE, AS HELL AS TIE N"X;ESSITY OF ~ELO C .~TIO ! OR RENCV \TICN CF TH I S RELATIVELY N~:T ST ATIO N. NAJ.!E (w !"itten) N,\ME ( n rinted) A1D~":SS I . • Ma ;ror an1 City Council Ne mbers City of En gl ew ood, Colorado • • - ':IE, THE :'JSB.SIGtBD, A~E OPPOS::O TC THE RSLOCAT ICN OF FHS STAT I C·N #3 FRa-1 ITS C U!U~EN T LO C ATIO ~ 0 l '.r'::SI' BELLE\T I"!':'.-1 TO Tl1E SCU THEAST CC rU 'ffi OF LAYTON .\l'.'Tl SOUTH !\COMA . THE SXP E!l SE I .lVC LVETJ IS GRS ~T fill!) 'IS F?.":L THAT CUR ELEC~D REPil.ES ENTAT IVES S OULD RWI"S·T Tlffi ~ FO 't AIJ ~XP E!l TJ I TU'tS OF THIS SIZE, AS \·TELL AS TIB ll ")C 'PSSITY OF 'tEWC.l.TIO !Y OR REt lOV \TIC N CF TH IS RELAT IVELY tl~·l ST ATIO N. • I . . )'/ ... Me.~ro r ani! City Coun cil I i<'r1hP-rs City of 'E:n g l e1.rood, Colorur]o - 111!, THE l''lS IS H~ .~D , n'lE OFPC S-:rl TC ':' !<: t":l C1C •. TJC! OF FitS STAT I ON 13 P'RCM ITS CURREtlT WC ~.TI O ! otl 'r.,,T nr.:J L-::'JT':I TC '·ry:; S l lT !EAST CC ;t NER OF LA YTON MID SO T1! 1 COMA . T'h '\XP , '~': 1 "'!(! 1J'":T) I S ''.1": .T fi!!D 'R F:::!':L THAT OUR ELEOTED REP RES. Tt.TIVFS s ;c rt n ::wrs-~ rrr.: ,,-; FOl 1 .: SXP~m i TURE OF 'l'HIS SIZ!!, AS HELL AS T R r.:cESSITY C'F 1 ELC'C .':riC ! OR 'l.'NlCV \TIC'N OF THIS R!UT'IVELY N"N ST ATI C • ~ (written) tl.~. r:: ( ,. rintnn) A'lD!F.SS Pa ge~ of ~Pap a s --------------------~ • I /~ Ma :ror an-i Ci t y Council · ·,..,.,,.,r; City of En i7lr~ro o d , Colora lo - TillS SIZE, AS TELL S T'f"': "• ,"SSTTY CF ·>r;:rr r: .1'T r ·· r : '17'C''J .TTC';l Q. ~~u s RELATIVELY t~·T STAT I O • ~ ( p •i .ton ) !':·-. (• rin tnr1 ) • I • • • - )1/ .;~.4._--'J d ?cC:~---/.PM..._ -C,~ Ma ;ro r and Ci t:v Council J•le mbers City of ~g l ew ood, Colorado - ':TE, THE •:rrsotSI GNED, ARE OPPOSSD TO THE FELOCATIC ' OF FFl.S STATIC<t1 //3 FRGI ITS CU?..REt!T UlC ATIO Otl '.P.zl' BELLEV!~ TO THE SOUTHE.\ST CC fl. · E:l OF LA YTON :.t:J SOU'J'1! ACOMA. THE EXPENSE H!VCLVED IS GR<:~T i\il'J 'IS Fr:":L THAT CUR EL'!:CTID REP'U;S:::JIJTATIVES SHOULD RWTE'·T TTB ::1':S'J FO R All SXPE!ll)IT IJ:l.S OF THIS SIZE , AS ':TELL AS TH':: N"X:l'SSITY OF RELOC .\TIO N OR RENCV \TICN CF TH I S )?1 ~ k<-~ /~'~ ,e,oL-J._~ NAMEc:ziD.inte~ RELATIVELY 1'3:-1 STATIO N. ~ ~cG;"itt~ AlD!l-=:ss <'/ t ,J ~~~~~~~~~--~~~---------------~~~~~~~~r ~. -~ ( _.:;____;_.....;___j,~~~~~~~---J.:I_z!i 5 F~ ~~...._.___,~"""'"""'~~~~----~~81...._!____......L., ._t:rcL '=r 1 7 Page~ of ~Page s • I . j f;;._Lc ~ ..s-; ;z... 1 11 £,n. f o ) ,· c ._ --F I '(e.. c. e ~ Ma y or and Ci t y Council Hembers City of En gl ewood, Colorado • • - :·IE, TIE ;T)"::'i'!SI GNED , A~ OPPos:ID TO TH?: RS I..OC ATIC OF FHS STAT I C•N #3 FR<l-1 ITS CU?..RENT lOCATION ON ' . .rEST BELLEVI'!':'..l TO T11E SCU THEAS T CC il. m OF LA YTON Ai m SOliT!l ACOMA. THE EXPE!l SE DlVC LVED IS GRS .~T l>li D 'IS ~ THA T OUR EL~T".:D REPRES ~T AT IVES SHOULD R'WI'S ·T TlfE l ~ FO~ A ; "PXP EJ!TJ I Tu:lE OF TIII S SIZE, AS HELL AS TH'!: 1-:GESSITY OF ~El.O C A TIO N OR RENCV \TIC N CF TH IS RELATIVELY N'!:':l STATI ON . ___ --.:::- NAHE (w r i tten) -----Al D!t"".SS • I . • • .. Ma ;ror and City Council ,l embers City of En gl ewood, Colorado • • - ':IE, THE J:')":ltSI GNED, ARE OPPOSSD TO THF. R"'UlCAT I CN OF FITtS STATI CN #3 FRCl-l ITS CU!'UtENT LO CATION ON '-IF'.S'l' BELLEV'I~ TO THE SOU THEAS T CC il.N E'l. OF lAYTON AJ:il S OtJTl~ ACCJli.A . THE EXPEHSE I NVCLVE') I S GR S ~T lll lD '.TB F'E:":L THAT OUR ELECT'm REPRES F.:NTAT IVES SHOULD R'WIE'·T T11E ~:E":') FO~ .\!! EXPEl DI ~S OF Tl-I IS SIZE, AS HELL AS THE ti -:GESSITY OF ~ELO C .~TIOi l OR RE'NCV \TICN CF THI S lvl I /. & , __ ---f'r _._ro -.-,( ~~_,~j_ RELA TIVELY NS'.-1 STATION . vr f 0'!44--/r ·~ /Yl.-/ __ ,A ~ ~ IAJ.l'E (written !..-~ (n rin~ ~~+-~~~~~~~~~~~~~~~~~--~wu~··~~~s+~~~ • #I o 4 .J P~~.(..l Lf S 1 s s s da. r1; ;::co #. ;o ¥.s-"-<>-5 . '":V.:=~L I . • • • - PJ"'· "'-{ f o) 1' c: -e~-~-F~I~Y~~~C~e~11~~~-- Ma ;ror and Ci t y Council He mbers City of En gl ewood, Colorado ':IE, THE U!cl)"SllS I GNED, A:U: OPP OS"!ID TO TW. RE LOC AT ICN OF Fn.r.; ST ATIC<N #3 FRGI ITS CU".RENT LO CATION ON '.f?ST BELLEVI:-:'..1 TO Tlffi SOU THEAST CCn l'ffi OF LAYTO N ,\NTJ SOUTH ACOMA. THE EXPE!l SE I !VCLVS'J IS GRO: ~T 1\ll!l 'IS F?.":L THAT OUR ELECT"SD REPRESENTATIVES S!i OULD R":VVE'·I TJ.!B ':":TT FQ q Ai : S XP E!miTURS OF THI S SIZE, AS HELL AS T~ fJ O:O ESSITY OF !lELO C.'l.TI O : OR R~l CV \'l'IC N CF TH I S RELATIVELY N:-:':1 STATIO N. fuY:!]; (written) • • I . . • - • • • I . • • • • • 'r>? .. u..:~7 .s; 11 11 Po},. c ~ ~ f ,·r c:. Ma;ror and City Council Hembers City of En glewood, Colorado ':IE, THE U ;rr<.:lSI ,NED, A'l.E OPPOS"SD TC THE ~~LO CAT IC . OF FitS STATIC·ll /13 FROM ITS ClR!tENT LOC ~.TIO 0 '.(SST B:<;Ll..EVI~tl TC TT!E SC THEAS~ CC Cl. i::?t OF lAYTON :,f\'T) S OUTH ACOMA . THE EXPE!:SE L lVC LVE'J IS GR": '.T IL!l !:l 'IS F?.":L THAT TIII S SIZE, AS HELL AS TH"S RELAT IVEL Y N~:T STATIC N. l-:G ESSITY F RELO C.'.TIO'! OR 'tE!'lCV '.TIC 1 CF TE IS »7 ~ 4--t c~~ ;;:\ME ( nr in~ A'JTF.SS .;;.L.L...;.....<.J.""""'-~-"'-..,....."""""'~------L/'t.....,· llu..R'-'+,Y [ /, '/. -"-~-'----=:J'-""""""'-'~~---~n.k.d:~ 1. 1. ~ ------ PaP,e~ of :LJL:Pages • ( I . J • Ma or anr City Council }lem bers Cit of En ~lewood • • • '~e , the un ersirnen , a re o posed t o the reloca tion of Fire Sta tion #3 f r o its cu r e nt loc'ltion on ··fest Bellevie•r. The expense involved i s (Tea t an we feeltlat au elected r e r esentati ve s shoul d eview the ne e for a n exoen iture of this size , as well a s the necess ity of r e loca tion or renov~tion of this r e l a tively new s t a tion . -------- ----------------------- P3 e jl[_ of _jll_p~p es 17 Jf • I • • Mn ;ror a 'I City Council lleMhr>rs City of En~l Pvood , Colorado • • - --: ' vt-__.... .... ,0/29 t ,-J .t , \... - ' J, { \..,_ , ~~ Ce"~-, ,_,/ -._! FRGI ITS C 't~!T LO G.:. TIC" c:1 '.fl"Zl' BELLE T'!N T 1'1J 3 SC 'T'ZAS:' ':C. '"':"' r"' LAYTC'l ',:J S Cl TTl! .~CCMA . ~'., E:XP l S~ HlVll'T:TJ IS C·"' f '.''1 T . r"":L T'!AT T'! S SIZE , REI.ATIV'SL f" ..Li ------------------ --------- -------------·----------- ---------------- ------·------- ------ ----------------- ---------.. ·-----·----- ----------------------------- • I . • Ma;ror and City Council }lembers City of En glewo od , Color ado • • - ':IE, THE ;T)Bil.SIGNED, ARE OPPOS!ID TO THE R....'"LO CAT I CN OF Fill!': STATI ON #3 FRGl ITS CU!m.ENT I.O CATIO ON ' . .fEST BELLEVI~ TO THE SOUTHEAS T cc ;mm OF LA YTON ,\NTJ SOUTH ACOMA . THE EXPENSE I NVOLVED IS GRS -'T AJ!D :,-rs ~L THAT CUR ELECT!ID REP RE:.:"NTAT IVES SHOUL D Rr.:v!E·T THE ~ FO R A!! EXP El DI TU!tE OF THIS SIZE, AS HELL AS Tit'!: NECESSITY OF ::l.EI.O CA TIO N OR RENOV .\TIC N CF TH IS 1 1 1 J r ~ _ _/. ,; /f .K-· ~D-~J.... RELATIVELY N:<:':l STA TION . Vfl AA..f'J-1--/1. ~<-l ·..-'7 ._.'o(J-C"~....,.<..___ \ A'JDR-:::s5 --------- Pa ge:n;_: of ~a ges • I . • May or and City Council Hembers City of En glewood, Colorado • • • ':lE, THE U i DE'RSI GNED, ARE OPPOSED TO THE RSI.OCATIC N OF Fill:': STATI ON #3 FRGI ITS CU?..RENT LOC ATION ON 'NEST BELLE17!!!:\of TO T-IE SOUTHEAST CC rl.N ffi OF lAYTON ,\!','Tl SOUTH ACOMA. THE EXPENSE I NV CLVED IS GR.S -'>T All D 1,-fB ~ THAT OUR ELECTED REPRESENTATIVES SHOULD R:':VTE'·I THE ~ FOR All EXPE!lD ITU:lE OF THIS SIZE, AS HELL AS THB NECESSITY OF RELOC ATIO N OR RENCV \TICN CF TH IS RElATIVELY N~.-1 STATIO N. J?7 ~ .Jr<_ £ ....... ~~ ~.___)_ ~ ~ (nri ~t~ A"JDR::SS ~~~~s~~~wv fv't {s "'"'13M.V ({ ,. ( q.f' .. L c--.- #to .$.-L.;;, ~~;'/,_, -------------------------------------------------------- ·---------- ges • I • • • Mayor an d City Council l-lembers City of En glewood, Colorado • • • WE, THE U !lERSIGNED, ARE OPPOSED TO THE ~CATION OF FI R~ STATI ON 13 l"RQoo ITS C'U?.R!!NT LOC ATION ON '..lEST BELLEVIE'W TO THE SOUTHEAST CORNE:'l OF lAYTON At;'Tl SOUTH ACOMA . THE EXPENSE I NVOLVED IS GRB I.T AND 1,~ FEEL THAT OUR ELECTED REPRES ENTAT IVES SHOULD REV!lN THE N'E~ FO R AN EXPENDITURE OF THIS SIZE, AS W!:Il. AS THE NEC PSSITY OF RELO C. TIO N OR RENOV ATION OF TH IS RELATIVELY W!:'..l STATI ON . ~ (written) ~ (printed) ADDR~ / . --~-/1 7 7 .~ t t(! ,;;. "<' t'l $pA //Vt.L<A-'IJ ,.}7[t--4 a/,.-J._,_..;;/.f.:;~ .j//ra17 r1 (1.'Cc ,\1 Lt\-~6 t d ;u5 '?()C:·ml£ ~4 dJ , ~tn >. f t?, L (\.clzi.;i~ 1 WL &-m A 1Jt',J (V x_,,)' r{ f L/ 3 eu -S.p~TYL£·_./ f :'!/7 {; (,~'"-, )/{.J {,-(,-_ l••l)At.\1\.l(f<-r,/~ '{l'f.S -J~./t c'u•--· -'£-,.J'I t; ~, 2Jz b , 1 (, L:f,-,, ,~ lfk e 3d) .,>(..o I S: fll{~;. "?,-t-,, J I ?/ '-ry I Jl. I~.--- --------------------------------------------------- • I . • Ma y or and City Council }lembe rs City of En gl ewo od, Colorado • • • ':lE, T~ ll)'.:llSIG NED, ARE OPPOS!:D TO THE ~LOCATION OF FIT\:': STATI ON .'13 FROM ITS CU!lRENT LO CAT I ON ON 'oiF'.S'r B::;Ll.EVI~ TO TH E SOUTHEAST CCRNffi OF LAYTO N ,u-:n SOUTH ACOMA . THE EXP EN SE I NVCLVED IS GRS .\T All D ',{8 ~L THAT CUR ELECTID REPRESENTA TIVES ST-J OULD R":VTE'·T TlfE t~ FO ~ Al EXP EtlD ITUR"S OF THIS SIZE, AS HELL AS TH'!: NECESSITY OF :tELC C."-TIO}! OR RENCV \TIC N CF THIS RELATIVELY N~:l ST ATION . 0~ ~ z-~~~~ ~ NAHE written ~ (rlrinted) ADDR":SS icl Wg_.,j~ DA lE F,'LSo iJ +t ots .SR..o AD!A,)#J 5-_.;1 1 drf2 4..1~~ .<:o,s ~€~s i.coT v:zo_r ~ (?1 <-V~If 5 -)f JtL--L ;(~ ~"lt / .14 N e. l~etM e I ow A ~l.b 2_~/1KtJtA 1uh/ ~~~u.;.~~~::l..-----4.1(!;1CH lH1 e,+...t '-T S"D'C I 5 /JiloltO ,.I~ f?-Mr.bo. {Jf/vdjLf= &do J' diSc~''/" \.-!)CI ;i.'( (:t'.}>V''~I ·• lj-i;r," : .. '1-~ ·/..)1 ,,y --!l..L.~-~· ..:..l.~1.!..r 1-.• :uc ( • ,JJ ,. 1 • / ~-yo ~ /;C _;;: ;.:: --------- Page~ of :£1t:Pages • I . • • • • • TO: l4ayor and Members of City Council FROM: Bernard V. Berardini, City Attorney DATE: June 4, 1979 SUBJECT: Appropriate Legal Procedure -Acquisition of Property (Fire Station No. 3) Mr. John A. Criswell of Criswell and Patterson, who represents Mrs. Laura I. Dreher and her son Steve, states in a letter to the City Council under date of May 25, 1979, that the City is not using the proper legal procedure to acquire property for the relocation of Fire Station No. 3. He maintains that a resolution (agerrla item 7d) authorizing the purchase or condemnation of real property is improper and that an ordinance is required by charter because the action is legislative. (Emphasis mine) The selection of a site for a fire station is not a legislative matter, but one that requires legislative discretion exercised by the City Council. The legislation authorizing and requiring the City Council to provide fire services for the preservation of public property, health and safety was enacted as part of the Home Rule Charter for the City of Englewood in 1958 (Section 119, Article XI). There can be no question that the City has, in common with all other cities and towns, the right of eminent domain as provided by statute (Section 76 Home Rule Charter). Section 38-6-101, 1973 CRS, constitutes express authority to adopt a Resolution to take private property for public purposes: "PART 1 "CONDEMNATION OF PROPERTY "38-6-101. Power of towns and cities. Whenever in a town, city, or city and county, the council thereof or other municipal • I . • • • • TO: Mayor and Members of City Council Page 2 June 4, 1979 bb board having authority by charter or statute passes ~ resolution or ordinance to establish, construct, extend, open, widen, or alter any street, lane, avenue, boulevard, park, playground, parkway, pleasure way, public square, market, viaduct, bridge, sewer, tunnel, or sub- way, or to build, acquire, construct, or establish any public building or any other publ~c work or public improvement, said town, city, or city and county shall have the right to take, damage, condemn, or appropriate by right of eminent domain such private property as may be required in the manner provided for in this part 1; but, except as specifically authorized by law, no incorporated town shall exercise the power of eminent domain over property outside the town boundaries. " (emphasis added) Respec ully submitte , cc: Andy McCown, City Manager • I • • • • • • ~ Andy McCown, City Manager IN1'Ia-OPfllcl •••OUNDuM DAn. June 1, 1979 ~ Gary R. Diede, Director of Engineering Services AnU~, Fire Station f3 Relocation The attached information was prepared to show the proposal site plan and cost estimates if the fire station was to be relocated south of Layton on Acoma. As City Council had decided to locate the station on the southeast corner of the intersection several weeks ago, we have estimated the total project cost to be $387,000. If the station was moved interior in the block (approx. 75' south) the estimated cost would be $376,000. Neither of the above figures include architectural fees (approx. $30,000) or contingencies ($15,000). GRD:bjs cc: J. Curnes J. Beeson R. Wanush B. James • I • • • • • • JNYa.Ofllllcl MIUOIIANDUM Gary R. Diede, Director of EngineeringDAnL Services t 1 R. A. Kahm, Office Engineer ~ SuaJICTa Relocation of Belleview Fire Station June 1, 1979 Additional Opt ion A -Construct New Building on 150' X 133' Site at Southeast Corner of South Acoma and Layton Avenue. Costs Site acquisition Demolition New building -4500 sf @$55/sf (site work included) Landscaping budget Less value of South Fox station Traffic signals TOTAL RA:bjs $ $ 135,000.00 2,000.00 247,500.00 12,000.00 (12,000 .00) 2,500.00 387,000.00 I • 1 ..c _; ... ;:: z I I '?. I " ;;< I a ~n ;, I "' II ;;:; .Y I ! -, ~'I I E II 2 ~ ~ = --~ I --4) I .... <l ~ ~ ,_ .r '"; ;- f! >-<t 0 CJ) II !i ~T ~ ,f, :; vi cr w ,. cr 0 u ;: .· ---. l ~I .J ~..i- • • - ;; 9 L_ ~ I ~~ ~ J ~----~---------------- <;.:Jt" ... j ·..> 0 ., -I :r _J- ~g (- ., ,.) I~ I I I I I I ~:; SCALE :: 1 1 t.=~1 L _) ~ ~-..,_ ""-=-=--:..-=--=--=~-=-~ LAYTON AVE. 0 7 "' .,- N -0 'Jl" ~ J --.n ~ . r - I • ----~ I I "' >, w J ... 2 "· w cr ' :o ! ..., a; I i I 0 - • • • • • INTII-OI'PICI MIUOIIANDUM TO. Gary R. Diede , Director of DATI: Engineering Service;, 1 l'ltOM: R. A. Kahm, Office Engi neer Ul./ Relocation of Belleview Fire Station June 1, 1979 Additional Option B -West one-half of Petoldt property on South Acoma Street (75' south of Layton Avenue). Construct new building on 150 ' X 133' site . Costs Site acquisition New building -4500 sf @$55/sf (site work i ncluded) Landscaping budget Less value of South Fox station Traffic signals Total RAK:bjs $ 126,000.00 247,500.00 12,000.00 (12,000.00) 2,500.00 $ 376,000.00 • I • --~ t i I :J I j I' '! ....,: (/) ' jl <( I ~ il 0 ~ I I I i • ' I I' LAYTON ,. ---~ AVE . ~ • • - "'' rr----------------------------- 1' i· II i I ' /I I J -" J• ' = , w .r ·:::> .. J> w a: ' :o "' :n __ _... ___ <!> ci: !!} m (J) --' ... "' 111 =SO' u '"' I I ..... -, r] I I I. i' , I I l' ..J ------------~------------~ J I (I r - l ..... ..... c=: "" !:: , ... J ~ ·--~ ~I ~ t "' ·-<.::> • "" '"' ~ i .... ..... ..,;, (": ) c .... -· I ~ ..., ( -r u; ,! ~ i' ,, .., ~ . " "' ~ cc '"" ~ l --_J r .... ' -- I . • • • • • RE SOLUTION NO. 24 SERIE S OF 1 9 79 A RESO L UTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FE E SI MP LE I NTE REST IN CERTAIN LAN DS WITHIN THE CITY OF EN GL EW OOD , COLO RADO , TO PROVIDE A SITE FOR CONSTRUCTION OF A FIRE STAT I ON . WHEREAS, to protect the h ealth , safety, and welfare o f the c itizens of the City of Englewood , it is necess a ry to c on struc t a new fire stationadjacent to the southeast corner of Layton Avenue and South Acoma Street in the City of Englewood; and WHEREAS, there is a public need to acquire additiona l r e al p r ope rty to construct the improvements; and WHEREAS, negotiations for the purchase of the properties h e rein necess ary may be unsuccessful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Sec tion l. That the City staff is hereby authorized and directe d t o n e g otiate for the purchase of the following described parcel , and should the City staff be unable to agree with the owner of the pa r c el as to the fair market value, then the City Attorney is a uthorized to commence action in eminent domain to condemn the following parce l of real property as authorized by law: Se c tio n 2 . Pa rt of the SW l/4 of Section 10, Townsh i p 5 South, Range 68 West of the 6th Principal Meridian, described as .the W 1/2 of the fo llowing parcel: Beginning 50 feet Wes t of cente rline o f South Broadway and 100 fe et South of cente rl i n e o f West Layton Ave nue; thence West 266 feet; thence South 150 feet; thence E a st 266 fe e t; the nc e North 150 fee t to point of be g inning, containing approxi- mate l y 1 9 ,95 0 squ a r e f eet , i n the County o f Arap a hoe , S tat e o f Co lorado. Tha t the Director of F i n ance, ex officio City Clerk-Trea s ure r, i s he reby authorized and directed to appropriate, set aside and hold • I • • ( • • • • fo r all necessary judgme nts and awards sufficient sums to be paid as just comp e n sa tion to t h e o wn ers of Lh c propl•r Li cs Lo bv L.tk c n. 'l'hat s u c h approp riation not b e 1 ss Lltan the hi9hcsL appr.li.sul val u e for t h e parcel in questio n . ADOPTED AND APPROVED this 4th day of __ J ___ un_e ________ , 1979 . Mayor Attest: ex officio City Clerk -Treasurer I , Willi a m D. James , e x officio City Clerk -Treas urer of the C ity of Englewood , Colorado, do hereby certify that the above and foregoi n g is a true, accurate and compl e t e copy of Resolution No . 24 , Series of 1979 . ex officio City Cl e rk Treasur r -2- • I • • - ( • • • • • RESOLUTION NO. SERIES OF 1979 A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FCE SIMPLE INTEREST IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A SITE FOR CONSTRUCTION OF A FIRE STATIO . WHEREAS, to protect the health , safety, and welfare of the citizens of th~J;ity .Qf~Englewood, it is necessary to c onstruc t a new fire station ~southeast corner of Layton Avenue and South Acoma Street in the City of Englewood; and WHEREA S, there is a public need to acquire additional real property to construct the improvements; and WHEREAS, n gotiations for the purchase of the properties herein necessary may be unsuccessful . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1 . That the City staff i s hereby authorized and directed to negotiate for the purchase of the following described parcel, and should the City staff be unable to agree with the owner of the parcel as to the fair market value, then the City Attorney is authorized t o co:nmence act~on in eminent domain to condemn the following parcel of real property as authorized by law: Section 2. Part of the sw l/4 of Section 10, Township 5 South, Range 68 West of the 6th Principal Meridian, described as the W 1/2 of the following parcel: Beg~nning 50 feet West of centerline of South Broadway and 100 feet South of centerline of West Layton Avenue; thence West 266 feet; thence South 150 feet; thence East 266 feet; thence North 150 feet to poin t of beginn~ng, containing approxi- mately 19,950 square feet, in the County of Arapahoe, State of Colorado. That the Director of Finance, ex officio City Clerk-Treasure r, is hereby authorized and directed to appropriate, set asid e and ho ld I • - • • • • • • for all necessary judgments and awards sufficien t sum!> to be p d as jus compensa ~on to the owners of he proper ~es o be a .n. T~at such appropriation not be less han the highest apfraisal value for he parcel in quest1on . ADOPTED AND APPROVED this ______ day of ________ , 1 79- Mayor Attest: ex officio City Clerk -Treasurer I, William D. James, ex officio City C l erk-Treasu r er of the City of Englewood , Colorado, do hereby certify that the above and foreg oing is a true, accurd e and comple te copy of Resolu ion No. , Series of 1979. x officio City Clerk-Treasurer -2- • I • • • ,. ::;ngle\.lood ::atters -Fresente d ty Elaine Kirg To Sit;r ,oun cil, ~n~lewocd, C olo~a d o '-';_:r:e L , 1779 S t;;"e ~!,: !!etro -2 ag i o ~e.l Gove:-nment • • • Introduction : :'l:e purrose of this :-erort en I:':et ro governr.ent, is t o a r-rrise t :~e ~~ter s o! 3n~le~ood City Co ur.cil, of tne ~~e n d i~ dangers of their ac ~uiesci~ t n ~ir resronsitilities, no :r.atter how well inteded , to t)le :·'ede ral Government in an:r g;llse . T ~3 Council's allegiance to the reople who elected the~ is to rro~a e cor.stitu- ticnal gove~ent, unde r the tnited States ~d State Constitution s. Ycu jo tak e ~n oath t o do so. Our Eill-of-Rights cannot te a brog ~-::.ed. ~ -is tr.e long-planned scheme to d estroy local government via Hetro - =::gional Co•r err.ment. On ?ebrua.cy 10, 1972, ?resid ent ?.ichard NL'!:on s ig::ed Executive Order No . 11647, by a stroke of the pen, that diviJed the United States into ter. feder~l re:ions t o be run t:r "Federal P.egional Coun cils ." In the Executive Orde r, the ~r:sident decreed: "There is :terety estabEshed a Federal Regior:al Counc il for each of the ten st.arAard federal regions. Each Council shall be cccposed of the directors of the regional offices of the Department of Labor, neJ.lth, Education, ar.d ~·:eli'are , and Housing and Urban Development, the Secretarial Re r resentative of the ~erart~ent cf Tr an srortation, and the directors of the regional offices of the O f~ice of EccnOl:!ic Opr-ortuni ty, the Enviror.mental Protection Agenc:r, and the La...-Enforcen:ent Assistar.ce A~~nistra~ior..~ T~e c ity mentioned after the Region ~ucter ~s the federal capital of each of the ro!.lo'loi.ng "ten .~andaro federal regions." Region I (Ecstcn) -Connecticut, Ma ine, :r-:assa chus etts, New Ha.n:rshire, :L'lod e lslar.~ Ve rmont. Region II (New York Cit:') -Jl:e w York, New Jersey, Pu erto Rico, arui the ·.nrgi.!!"""I"n:hd s. Region III (Pr.iladelrhia) -Delaware, District of Columtia , ~~ryland , Fenn-s y lva~rginia, and ,;est i'irginia . Re g ion lV (Atlanta) -Alatazna, Florida, Ge o r £ia, r.entuch ·, :Iississi:-r:i .!orth~na , South Carolina, and Tennes see . • · · ' Region V (Chicago) -Illinois , Indiana, }~~~e sota, ~~chigan, Ohio, a nd ·::iscor.sl::. Region VI (Dallas-Fort ~:.>rth) -Arkan sas, Lotisi3na, ::e-... Y.exico, Oklano!!:a , a nd !exas . ne,;ion VII (K~r.sas :ity) -Iowa, Ka:1sas, :'.issouri, and Nec raska . rtegion VIII (Jer:ver) -Colorado, Y.ontana , l:orth Dakota, Sout.h .Cakota, Utah , and ;·iy c!rlr.g. F.e gion IX (San ?rancisco) -Arizor~, California, Hawaii , and Nevada . ~ 1 (Sea ttle) -Alaska , I c ano, Oregon , ;.nd \,"ashingto:l . As can le noted in the foregoing list, in all ca ses the lines dra~n for t hese • I • • • • federal regions cross State lines, thus to all intents and pu~oses ot~ite ra t ing the soYereignt~' cf ':.he Stat;;s. Article IV, Se ction 4, of the r .s. Constitution declares: "The United States shall 6Uar3ntee to every State in this Un ion a rerutlizs:J form of governme nt ••. " A rer utlican fonn of government is C.efine~ in \·.etster' s i;ew Sol::.egia :e Jictionar;r as one L"l ;.'hich "the sovere i gn power resides i!l a certai."l bod;· of the ~eorle - the electorate --and is exercised ty rerre sent atives elected t;, a:Jd resr v nsi~le to, them." Thus, these Federal Regional Councils a re a clear violation of the U.S. Constitution, according to Article r;, Section 4. Further, Article IV, Section 3, Clause 1, of the U.S. C onstit uti~n stirulates: ''i'1 ew States may ce admitted by the Congress into this Union; tut no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of tne States conc P.~ea as well as of the Congress." Th e unilat eral establishment of the ten federal re ~ions 'liolates tr~s Clause in the U.S. Co nstitution in as much as, rr:or to the issuance of this edict, the President did not ottain the consent o: all the State Legislat ~res conce~.ed, nor o! Congress. \~'hat Is aegional Government? "Advocates of governmental rlanning r.ave visions of a new kind of America: they ~uld transform our union of sovereign States into a regionally-planned, monolithically-ur~fied nation, divided i nto a score cf metro- -:.:oli tan areas which sprawl across s-:.a te l:ounaar; lines." "Each area ;,'ill te ruJed, at the 'local level,' ty only one governmental authority: a we t ro~olitan government. ~sting governments --~ity, :o~ty, State and School districts -- will eventually be atolished." "Metro and Regional Governments are the sar.e -- a GoYernment of an area or region t y a central tody of aprointed officials Who haYe unlimited ar :d ur1consti ';.t:tional power. Procoters of regional governm ent claim it is a new form of government, tut ~t is the oldest form in hi story a dictatorship." "Metro is the governing of an area or region t~-a central tody of exrerts -J:lanners Who are usually aJ:pointed and vested with g:-eat :-o,.ers, and who are not directly acco ~nt atle to the Fecrle." Hatro, therefore, is t.he accumula tion of row~r in as few hands as ?Ossicle --federally a~roi~ted, ~ elected cu.:-eaucra t s be;.-ond the re call of the e_ectorate. Metro ~olicies and r rogra..~s, goals anc! rr.ethods, arpear in a variet:r of forn:s designee to deal 1·-'ith varJ~ng State 1nd local laws. The Yet ro conce 1=t rr.o·:es the he:-etof re ir.derendent c!i lf-.sions of ::.ocal ;cvern=~e n t into the collec:ive whole. This i s accomrlished by the r.:er;:ing of ci:;-an<i ::n.:ntj', cc~~ty ~d Co ngres s!.onal dis trict , and t~en States with ether States,into a federal reg!.on. •,;~en this has f!.nall;r been 1cl:ieved, there -.an cnl7 l:e t<ro l evels c; :cvernrent :n this co ~nt!j· --fed eral ~nd ~e d erally-c o ntrolle a r egional gove:rn:ne nt. Initially, ea:h :-:et r op:Utan autnorit7 •d.ll lev:; taxes iirectl;; on local ci ':.iz~ns; tut when the ~•hole nation has \:e en organized into :·etro:-oli tan areas, t axation car. te nad e t:r.i;orm --ar.d local orrosition to t~xes eli~inat ed ty atolish!.ng l oc al taxes . All taxes can the:"' 'te le·:ied t~-the <:e:~t ral go\·err.cent in -.ia s hi ngt on. -~11 elec ti v ~ o~~ic~s st he local le\·el .,.::_u t e a-.:olis::ed , excert that of "::o't"e:-:-:o:-. • • I • • • • - Th e res.sonins ehind thi s is oi:vious: How f a r si.II:r;ler the feae::-al re£i cnaliza::.cn of the UniteC. Star.es wo '.ti .i l:e i l State Governmer.ts were not s taffed l::; nu.u erous ele:;ted offi~ia ls. Inst.ead the "Hetrocrats" would onl~r have to ieal w'ith an all- r ower::'u l Sta ~e Go ·1err.or ;.;no would car::; out t heir c!i:ta t.e:; tJ s:::.J:l e executive :i.;c :-~e. n rofessicr.als a re to re;lace elected officials. Tte ~aster ~lan fer the ulti.II:~te c!e structio:1 of local self-goverr"-ne!it h~s Leer. in t he :nal:.:.r..g for rr;;::;~ :·ears, '::ut .,-e 1:.sk, who are ~r.e se t<n elected "ex;erts " ;oho, accordi ng t o ::.ong-laii ;:l:l:'ls o::' t .1e r~shers of :~etro, will take over :~e a d=,inistratior. of g over~~er.t at the ::.o:3l 'ev ~l a nd who, teing apr,:ointed -r.ot elect ed --;;'ill t e al:le to cor:trol local-level e;o vern- ment in all of the 50 States? ·.~bat are their theories on local f::vernr.-.ent -and who financed their training for tais ~lanne:i take-over of rositions of po~er -- r-osit.ions f ormerl:r occupi ""d by officials ele:ted t; t.he ;eorle? The ans;.;er is the conglo~ers.te kno•n as "1313." ~ -East 60th Street, Chicago, Illinois, is ~etro 1 s nerve center, and tte oaster.nind of the "1313" clearing house is the National Hunicipal Le~gue head- q:1a :-':.ered at 47 Sast 66th St ., N.Y. The ?uclic Administration Se r•li ·:e, whic h is co-eq~~l in aut t ~rit:r with the Council cf State ~overr~ents, are the de;::ar~e~: ~e~ds for the numerous private orgaLi:aticns concerned w'ith ~over~eotal operatio~s at various levels lo c ated at "1313." Otter ;rivate organizations are: American ?utlic ·,;elfare Association, An:erican Public ;;orks Associa~ion, ~-'llerican 3ociety of Planning Officials, Ar.le1·ican Society for Futlic Adn;inistration, Euilding Officials Conference of A:t erica, Col!ll:littee for International };uniciral Coo~eration -u.S.A ., Conference of Chief Justices, Federaticn of Tax Ad=ir~strators, Governors1 Sonference, Ioternatior41 Association of A ssess i~ Of ficers, International ::ity 1-!anagers' Association, International Ir:stitute of :1un!.cirel Clerks, ~unic.:.;::al Fina.""lce Officers Association, National Asso:iation of .-\ttorne~·s General, National Association of Housing and Redevelorrnent Officials, ~ational Association of State Eudget Officers , National Association of State Fu rchasing Officials, Nati6:uil Leag·.l e Jf ::ities, Na tional I.egislat ive Conferer.c a, Fu i:lic ~erson."lel Association, etc •• "131J" has l:ecor:;e a national center f o r the rroduction of exrerts -to fat:r!.c~te 'progressive' legislation ::'or governrr.ents at all levels, t o rewri t e o~r 'arch aic' State Constitutions, U.S. Constitution, and to take over as city marAgers, county manager~, or ~etror;olitar. ~anagers, or regional macagers whenever reople in any locality have progressed to tl:.e point of acceJ:ting gover:-.::1ent i:;.r i=.;:orted experts a s a sut:st itut e for gove~ent l:y elected local citizens. Government ty appointees is tasic r-:etro st rategy. ..:.p;:oi.oteeship !.s vital to "1J1J's" tyra:1.'lical rur pose, be- cause citizens cannot vote appointees out of office, regardless of scan~als, ~sues of public funds, or the blatant stupidity of the arrointees. Th e grcurs headq u artered a t "1313'' show the scope of these organizations w::-.ich C.eal with legislative, admi~strative j udici~l asrects of Sta~e, County and local gove~.ent. There is a special ~rganization t o a d7ise, g ~!.de ar.d ~ltimatel7 cor.~rol: 5ta te go'ternors (Governors 1 Conference), State Le gislators . ( :ouncil o.[ State Governu.ents), State Su~reme Court (Co nference of Chief Justices ), as •~11 as State .\tto rney s General, Y.a;:ors (National League of Ci ties ~, City a:anagers (I!iternati.:mal Ci t:r l-iana gers Association) ar.d State Su :ig et a nd :Urchas!.ng Officials, and Office- • I • • • • • • (4) ~old er.~ '.h roughou t the gover..rr.ent a l s tructu re ~f e ac!l state , !ou :;nglewood Ci t;: Co=cilJT,e!'l a:e et wi':.h s uch a o r;;aniza -.ion, tr.e C olora~o :·:~.<.:ucir~l lea gue, You 'lre r l ar.ning a tri; to Snowmass, t o meet with tile Co l:lrad o !-:~:nicipd League this rr.onth . '.lhi l e there j'OU will l::e rressured , brainwashed, mislead at taxra7 ers ex;ense, and ~11 re ~u rn ho~e ~~th r re d aterrr~ned info ~ation. ':'i:e A<irr.!.!'listrati ve Procedure Act was er.acted cy Cong ress i n 1946 ar.d signed int.o law l::7 President Eisenhower wr~ch created the ACL~ (Advisor/ Commission on lnter- goverrurer.tal :{elations ) which !.s c ontroled by the "131 3" syndicate. :::ve ry Jemocratic and Repul::lican Admi~stration since has c ollal::orated. Now self-st ~le d AC:G-Intergov, "1313 's" AC !R writ es and i:nrlements 1-:etro laws !or S tate le gi s l a to r.~, and county and ci"Y legisla tive bo C:i es to rubter-stamp, and the "13i3" :~etro c onglom- erat e also issue s a l::arrage of rro;~ganda to State ar.d local officials s elling the Metro concert. In addition, "1 31 3 " also concerns itself with crea':.ing local citizen-supro:--:. for various aspects of l~etro. Th ese groUJ=S usually masquarade under such d ece1=t ive slogans as favoring "hozte r ule" a nd "efficienc:J in f:Overnment." One r-rivate o rg'lni zati on tl:.at ha s l::een a r ressure group in endorsing regional go·re:r.JT,ent con- certs is ':.he League of 'o'Jo!!!en Voters. The concerts they s~p;ort that r romote regionalism are ~oning, nerging , ho~e rule, constitutional changes, :short tallot, at-lar;e elections, United ~!at i ons concept of reace, etc.. .~b en the DiV celebrated 50 y ears of work, the 78ar 1970, they assumed for tceir project "An assignmen t. from Society" which is to help solve p::-o't:lea:3 of cities, to make citizens aware of their enviror.ment, etc,. i'iithout saying or rr.er.tioning regional government, this is ':.h e project of t he L~tl , and t he memcers a re taking their assignment seriously. The lad ies ~re to be r itied fo ~ their total lack of und erstanding of our s~nsti tu t ~onal ~overnment. It is my s incere orinion that the local ladies do not know of •what they 1o, or they wo u l i not l::e J=ronoting s ocialis t i c recional programs ar.d let themselves l::e mislead and ir.fluenced by il".for.nation s uprlied to them from t il e :or, f or their leadershir comes out of ll'ashir.gton i:i.C. The r-.ost f!"!quently-used 1a ·~el ·.:nder which the 1-!etrocrats ':.ravel when they seek to ilr.~s e ~etropolitan govel"tl!tent on an area is that it ·rill strengthen "hoJT,e rule ". T!":e ;:-:-?paganc!a line promoted l::y the !·l etrocrats to local c oi!T..unities i s: 11 ;·,!-.;r can't ;;e, a rrogressive cof.'llliunity of Americans, have home rule -rule o~rsel ve s as we see fit . ·:.'hy mu s t we be 'cehol1en "o the Stat e ca pital ~or every chan.s e we wan t t o ;nake ir: ou r ho~r.e g':l verrr..ent. Let us !:ave a hv!:le -n.:le c harter!" ::ounds :-o od , •i.oesn't i t ? .o.nd , how r.a :1r c om.unities throughout this nation have t een tood;.d.nked ty i·~etro-rushers as the ~· ;:ress en to destro;,-l o c Cll sel!'-;overni!:e r.t ? :~e re ::ave teen ~a ny, and Zngle"ood i s !.nclud e1, · .. nat this "home rn_e" gi.Jrn:ick reall:r !:leans i s tha t a lo c al segn:ent of l State is :ut o f~ fron the Sta te zoverT.ment and the ~J ara nte es of t !le Stat.a C v n s~i tu ticn . Said loc.:!l o r Tetro!"'li tan a:-ea is t hen "free" t o deal dire-:::tly with the fader~l .];OVerr.m ent and the :-l ixon-decreed t e::t. ?edera.l ':\egional Councils whos e rurrose is t o s·~Fe rsede an<! •Jl tir..atel;· de s troy all :r.e a!'linc f ul rowers o~ the 50 for::e rlj' sovereign S tates. 3r.glel•'O :d'!: !-' ~tro C:or.e :tu le ::r.a.rter d e nies 2ngle:;c.:od citize ns a rerresent a ti ·:e -?,e rr.::e r.t of ':.h e r<';,F le, by t :1~ reople, fo r ':.he :;e o ple . This Eor:e ?.:..le C:a::-te r ;re·re!'lt s :rou Conncilr.le:1 frorr: r erresenting the c i tize:1 s of Englewood, :'or y "J u r f<)Wrtl have been delegated to the City :-:a:-.:::~er. cng leWO O\l r.eeas s :::.::izen- • I • • • • • • (5) ::ontrcllcd :!.a r.!:-f:-"!e:.:1e t he ::. tize ns fro::n outs ide ir.terferenc e. ::e n eed t .:> -::!.ect a rr:a:·o r, ::.t: c:;~-:::.1 , a::~ our J t.dge. Then Engle,;ood ;.-ou l <l l:a •re a cor.stit u- l.ior.&l 50 ·er::::;er:t, ~.Ct i. t ra:.::ed arpoi:Jted II 1313" ::1>11a1;er -CCun::i l fern: Cf £:0 "/eiT.r.:~r:t. 1 conclt.::e t :-ere:-!. :· askir.£ t h e .::nglewood City Counc il t .:> f !.:-e ::~e City !.o.:-.:J.f;e r, and take tb~ r.e:~ssaM sters to ;ut ~le~ood ·n~e r a :onst i t~t io n al :cv er ~~e :1 t. :r.at ,"ill te a st.ep ir: t h e :-ight c ire:::.!.on toioia rd rec:.ovi:Jg :.::r.g:e-..ooC. from the cbtch ea of Federal ar. Federall]-Cc r.trclled ~eg ior.ol Governme n t. I • • • ( p ENI': ABSEl'U': OI'HERS PRESENT : • • • HIN 1 BOARD OF CARtER ~:ERVJcE CO!'T-ITSSIONERS 54 April 19, 1979 Judith Henning , Robert Brundage, Edward loJhit e , William HarJson , Jo Ellen Turner None Mel BeVirt., Employee Relations Dir·ector ; Hugh Brown , Ad!!Unistrative Assistant ; Jim Curnes , A1'.s 't. City Manager , and a f.epresentative of the Police Association . * * * * * * * * orrrnissioner Henning called the meeting to order and callec' fer approval of the Min tes of March 15 , 1979 . Cormissioner Henni.ne;' s name was o be ad r-d to the AYE vote on Item 7, 8 and 9 with Henning calling for the vote on the acceptance c.f the Personnel Actions . Corrrnissioner 'furner ' s name was taken off of the vote . With these correc t ions to be made in said minutes , Mr . Hanson moved, seconded by Mr . Brundage that the minutes of March 15 , 1979 , be accepted as correc ed. AYES : NAYES : * * Henning , Brundage , White , Hanson , 'Iurner None * * * * * Item 3 on the Agenda was the Emp l oyee Association 's Choice . No representative vas present . * * * * * * * Item ~ on the Agenda was the City Manager 's Cho i ce . Mr . CU1"'!1es distributed to the Board a copy of the Memo r andum that has one out to the Department Heads on the use of sick leave as well as c.. copy cf the findings of fact and a reminder to Department Heads that it is heir responsibjlity to monitor sick leave and prevent it 's abuse . * * * * * * * * Item 5 on the Agenda was the Employee Re:·lations Director 's ChoicE·. Mr ·. BeVirt had nothing to report . * * * * * « * Item 6 on the Agenda v:as the Corrmissioner ' s Choice . Recorrrnendat.ions on Rules and Regulations , presently under discussion , waul be obtained from he City Atton1ey by the next Career Service Board meeting. COrrmissioner Turner 's n;::me was to be removed from the AYE vote on the Haugsness Find:l..ng an Conclusion from the Career Service Board (March 21 , 1979). * * * * * * * * Item 7 was the Declaration of Vacancies. Corrmissioner Henning reviewed he list of vacanc~es . After a brief discussion of the number of vacancies for each category ,. Hhite moved and Bruru.".age SE·conded tha the vacancies be declared as listed. AYES: NAYES : Henning, Brundage, White, Hanson, Turner None • I • • - • • • • ML'M'ES ARD >F CAREER SERVI CE COJiffiSSIONERS Arril 19 , 1979 Page 'IWo Item 8 on the Agenda ~: the Approval of the Eligjbili y Lists. C · ssjor,_r Henning requested Jo Ellen 'furr.er read the various eligibili y i~t~. Upcn r.otion by Mr . Brundage, seconded by Mr. White, the eligibility li5ts wer~ aprrov:ct a-read . (See attached) . AYES ; NAYES ; * * Henning,, Brwndage , White , Hansen, Turner None * * * * * Item 9 was the Ac ceptance of l'erse:nneJ Act i ons . COlTJllj.ssioner White mov ed and Ccmnissiom:r Brund~e seconded t.o cipprovE:: the Personnel Actions . AYES; NYE.S; * * Henning , Brundage , White , Hanson , Turner None * * * * * * Upon notion by Commissioner ranson , seconded by Commissioner White , Commissioner Henning adjourned the meeting , AYES; Hennjne;, Brundage , White , Hc.nson , Turner NAYES : None ,G«-u ? M"' uc~ 7 '"Judith Henning , hairperson .areer ~ervice Board * * * * * * * * • I . - ( • • • • Apr,rove:l o:, Ap l'il 19 , 197 Departrren of Finance: Purchasing Clerk , Grade 1 Department of Parks and Recreation: Equipment Opera or I, Grade 4 Naintenanceworker, (Parks), Grade 2 Irrigation Maintenanceworker (Parks), Grade 2 Police Department : Police Officer , 4th Class Department of Public Works: Custodian , (Building Maintenance), Grade Equipnent Operator II , (Streets), Grade 5 Maintenanceworker , (Traffic), Grade 2 Wastewater Treatment Plant : Chief Plant Operator , Grade 7 Lab Technician , Grade 6 APPROVAL OF ELIGIBILITY LISTS: Department of Finance: Purchasing Clerk Community Development : Clerk (Housjng) Department of Parks and Recreation : Equipment Operator Po1ice Department : Police Officer--4th Class Department of Public Works: Custodian vlastewater Treatment Plant : Equipment Operator Operator Trainee I . - HEW PROBATIONARY EMPIPYEFS: Adams , Cindy L. Berg , D:ivid W. Clancy , George Frederic k Jr . Foster , Steven D. inn , William \~. Nelson , Paul R . Pietrovich , Corinne E. Steele, Robert James Younkin , Vicky RES IGNATIONS : Canavate , Josetta Cooper, Dennis Fisher , John Kauffmann , Charles J . 0 f>lo rgpn , Clifford Pe erboom , Lloyd • Schaffer, Michael Trevithick , Terry A. \-/hit taker , Gordon • • • • Approved on April 19, 197} Clerk , Housing ; ?A Effect ve ~/2179 Police Officer, ~ h Clas~ Effective ~/l/79 Police Officer , ~th lass Effective ~/18/79 Police Officer , ~th Class Effec ive ~/16/79 Custcxiian , Public \\forks ; lA Effective 3/28/79 Equipment Operator , ParJr.s ; ~A F.ffective 3/19/79 Jl.~c ount Clerk , Finance ; lA Effective ~/10/79 Police Offi cer , ~th Class Effective ~/1 /79 Account Clerk , Finance ; lA Effective /10/79 Emergency Communic ator; ~E Effective ~/7/79 Equipnent Opera or, Parks ; Effec ive 3/21/79 Chief Operator, WWTP; 7B Effective ~/4/79 Equipment Operator, Stree s ; 5E Effec ive 4/13/79 rtaintenanceworker , Parks ; 2A Eff ective 3/20/79 Plumbing an Mechanical Inspt . , orrm. Dev . , 7A ; Effective 4/25/79 Patrolman lst Class ; Effective 3/31/79 Account Clerk , Finance; lA Effective 3/16/79 Lab Technician , \oJ\oi'I'P ; 68 Effective 3/25/79 • I • - • r • Yost , haron :JIm AL Salas , Kenneth • • • Junior Accoun ant, F:li1ance ; 5B Effective 3/22/79 il'a:!n enanceworker , Utilities ; 2A Effective 3/23/79 PROBATIONARY 'ID PERMANENT TATUS viiTH I:~CREASE : Hender s on , Da vid L. Scheino , Gail ANNIVERSARY INCREASE: Austin , Mike Burkett , Lawrence C thriell , Linda Glass , Georgianne Ito , Gary 1-1edra'1o , Patrick Paine , Steven Qu:1nn , Dennis J. Sanders , Jean M. Schimpfle , Charles Seaman , James E . Engineering Aide II, 5B Effective 3/1179 Iab . Tech ., 6B Effec ive 5/22/79 Main enanceworker , Parks ; 2 Effec .ive 4/16/79 Plant Operator , WWTP ; 6C Effec ive 4/ 6/79 Violatio s Bureau lerk, Jlllni. Ct .; lE Eifec ive /1179 Recrea ion Leader; 4B H ec ive 4/16/79 Apprentice erator, Utili·ies ; 5C Effective 4/16/79 Apprentice Operator , v~P; 5C Effective 4/16/79 Maintenanceworker, Parks; 2C Effective 4/16/79 Police Of ficer, 1st lass ; Effective 4/1/79 Int . Clk , Typist , blic Works ; lC Effective 4/1/7 Maintenanceworker, Public Works; 2C Effective 5/16/79 Equipment Operator I; WWTP; 4C Effective 4/16/79 • I • • - • • PROI~IO:l -PROBATIOlJARY : ' Blwren hal , James D.O.E., F ; Effective 3/7/79 Duran , Gilbert Eq ipment Operatm•, r'lvV I! A Fffect ve 4/21/79 Gough , Wallace K. Lieutenant ; Fire ; Effective 3/7/79 Olson , Christ opher D.O.E; Fire; Effective 2/28/79 Paine , Steven Equ ipnent Operator I , Parks ; 4B I.ffective 4/16/79 Rios , Emanuel A. Equ i pment Operator I , Parks; 4B Effective 3/12/79 Smi th , Michael B. Captain , Fire ; Ef f~ctive 3/7/79 9ISABILITY REI'ITID1Eifl' : Boh , Elden C. Cap ain , Fire Depar ment ; Effective 3/7/79 • I • • r • • • • • HINUTES OF RE GULAR HEETit~G OF THE liOARD OF DIRECTORS ENGLEHOOD DOHNTO\.JN DE VE LOPHEHT /\UTIIORITY April 11, 1979 5 8 ·J The meeting of the Enr,lewood Downtown Development Authority met at Noon, April 11, 1979, at the Englewood Chamber of Con~erce Building . All members were present except Vern Hann and Leonard Robohm . Minutes of the preceding month's meeting, having been di stributed to the board members, on moti on duly seconded, were approved . George Allen rep orted on his c on versation with Public Service Company of Colorado on its property on the 3400 in the 3400 block of South Lincoln and South Broadway, that the c ompa ny would entertain a first right of refusal to the Authority on the property. The Director Selection Co~ittee, headed by Barbara Holthaus, reported that it had interviewed two pers ons, Glen Kriegel and James Keller, and the Committee, on motion duly seconded, reco~ended the appointment of James Ke ll er as Director at a salary to be ne gotiated by the C o n~ittee, probably at $25,000 .00 a year, and that n egotiation to be reported on to the Board . The selection was unanimously approved by the directors . J. Robert Cameron, for 21 years Executive Director of the Denver Urban Renewal Authority, spoke to the Board on the experiences of that group. There being no further business, t~:: wa• adjourned . C a~rman I • • • • • • ENGLE1100D OOHNTOHN DEVELOPMENt AUTHORITY BOARD OF DIRECTORS SP ECIAL HEETING MINUTES 1/ednesday, Hay 16 . 1979 12:00 Noo~3535 s. Shennan Member s Present: Allen, Gassen, Glenn , Robohm, and Exe ~utiv e Director Kell er Rich Hanush, Director of Collllllllllity Development , Mike Reddy . Director of Housing Authority, Ralph Murphy , landlord and other interested citizens •. l1embers Absent: , Coleman, Curry, Hal thaus, Kaufman, Mann, M.:lusolf, 6. Max\·lell A quorum was not present for a regular meeting. Allen, Gassen, Robohm, and Glenn then called a Specia l Meeting to conduct limited business matters. Allen chaired the meeting . The minutes of the special meetings of April 25 and April 30 were approved as uritten. The Treasurer reported tax col l ections to date from the county to be $47,062.47. All purchase requisitions in the total amount of $2,884.05 ·vere approved for payment. Motion by Glenn, second by Robohm. Motion passed. Motion by Robohm, second by Glenn to ratify ond ~pprove the lease for the aoard office ~t 3535 S Sherman •. Motion carried· The operational budget for the Authority tns discussed line by line by the Director. Adoption was tabled until a full board meeting . Nominations to City Council for the tt·IO Board vac..ancies are to be .. (", selected from a list of people prep-ared by the Holthaus "Committee on Selection of Manager" as constituted in the December 13, 1978 board meeting. Chairperson Holthaus and memhers Allen, Mann, and MaX't1e l l. lt 1~as the u ish of the board .today to have this group meet as s oon as possible and call a Special Board meeting for their report. The real estate committee reported that"1'ublic Service has _had their property appraised at $29 8 ,000.00 and ~1ish to acquire other prop- erties by exchange. Safeway denies they have plans to close the store at 12.5 E •.. Hampden but do admit they are looking .for another site. Reddy -reviet·Ted the Housing Allthority plans .. for the ·3.7·111illiou. dollar grant and 110 units of housing. Meeting adjou James T. Keller I I Executive Director : ..... . . ,..-· • I • • ( • • • .. - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION MAY 8, 1979 I . CALL TO ORDER. s c The regular meeting of the City Planning and Zoning Commission was called to order at 7:15 P . M. by Chairman Tanguma , Members present: Lathrop, Smith, Tanguma, Williams, Becker, Bilo, Carson Wanush, Ex-officio Members absent: Pierson, Draper Also present: Assistant Director Romans ; Associate Planner Fessenden . II. APPROVAL OF MINUTES . Mr. Tanguma stated that the Minutes of April 17, 1979, and April 24, 1979, were to be consider e d for approval . Lathrop moved: Carson seconded: The Minutes of April 1 7, 1979, be approved as written . AYES: Lathrop, Smith, Tanguma, Williams, Becker, Bilo, Carson NAYS: None ABSENT: Draper, Pierson The motion carried . Carson moved: Lathrop seconded: The Minutes of April 24, 1979, be approved as written . AYES: Carson, Lathrop, Tanguma, Becker, Bilo NAYS: None ABSTAIN : Smith, Williams ABSENT: Draper, Pierson The motion carried . III . RIGHT-OF-WAY VACATION 3500 Block South Marion CASE #10-79 Mr . Tanguma asked for the staf f report . Mrs. Romans stated that the Department of Community has received a request to vacate the West 37.9 feet South Marion Street right-of-way in the 3500 block. requesting the vacation was submitted by a Mr . Curt • Development +1-of the The letter Kuhl, who I • • - ( • • • - -2- is a Broker-Associate with Realty World-Senti, and represents the property owner, South Marion Street Venture . The principals in the South Marion Street Venture are physicians who office at 3535 South Lafayette Street . Mr . Tanguma stated at this point that he would like to excuse himself from considering this case, inasmuch as he and Mr . Kuhl are business associates in Realty World-Senti, and asked Mr . Lathrop to preside during consideration of this case. Mr . Tanguma stepped down from his chair with the Co mmission and was seated in the audience. Mrs. Romans stated that the 3500 block of South Marion Street has a 75 foot right-of-way in the block between East Hampden Avenue and U. S . 285, and is designated as a "local" street. The street has been included in a paving district and there are no plans to designate the block as a Collector or Arterial, or to widen the roadway further, using the full 75 foot right-of- way. Mrs. Romans stated that the request for vacation of the West 37,9 feet of the right-of-way was referred to other City Departments. It is the opinion of the Director of Public Works, Kells Waggoner, and the Director of Engineering Services, Gary Diede, that there are between 14 .2 feet and 15.7 feet of excess right-of-way which could be vacated; but that the re- quested 37.9 feet of right-of-way should not be vacated. The vacation of the 14 ,2 feet to 15 ,7 feet would result in a 60- f o ot right -of-way, corresponding to the right-of-way in the blocks to the north of East Hampden Avenue . Mrs. Ro mans pointed out that the request submitted by Mr. Kuhl also requested the vacation on only the south 272.5 feet of the 3500 block, and the staff is of the o pinion that if the vacati o n is approved, it should be uniform throughout the block. Mrs . Romans stated that apparently the request has been misun- derstood by property owners in the block, and that some of them are under the impression that the reque~ is to vacate the alley. She emphasized that this is not the case, and discussed the platting of this block in detail. The block was platted with four alleys : a north /south alley, and three east/west alleys. The east /west alley at mid-block and the one at the southern end of the block have been vacated, leaving a "T"- shaped alley in the block at the present time, Mrs, Romans emphasized that the question before the Commission is whether or not there is a public purpose to be served by retaining the 14 .2 to 15 .7 feet of right-of-way on the west side of the block that is in excess of the 60 foot right-of- way, inasmuch as the 60 foot right-of-way has been determined to be adequate for present and future use . Mrs. Romans stated that the proposed vacation of the right-of-way would have no perceivable effect on the property owners in the block, al- though those on the west side of the street would gain at least 14 feet of additional property , She emphasized that the matter • I • • ( • • • • -3- before t h e Commission has nothing t o do w ith rezoning or the use of the land, but only whether or not there is a public purpose to be served by retaining t he 14 ,2 to 15 .7 feet of ri ght -of-way th a t is deemed to be in excess of the required 60 foot right-of-way , Mr. Smith not ed that the reque st wa s f or vac ation o f the wes t 37 .9 feet of the south 272.5 feet of the block, but the sta f f is only recommending the vacation of the 14 ,2 to 15 .7 feet for the l e ngth of th e entire block . He also noted that the staff report indicates that a legal opinion be obtained before the vacation is accomplished . Mrs . Romans said that the reference to a legal opinion pertains only to the disposi tion of the excess right-of-way if it is vacated, and not to the question of whether or not the right-of-way should be r etained . Mrs . Romans explained that the deeds on this right-of-way do not indicate that the land was acquired specifically for ri ght - o f -way purposes . Th erefore , Mr . Waggone r and Mr. Di e d e posed the question as to whether the land should be given to the ad- joining property owners , or whether the City should be reimbursed by the property owners for th e land that would be "vacat e d ". Mrs . Romans s t ated that sh e did no t fe e l that th e matter of reimbursement, a nd wh e t her or not th e rig ht-of-way was a c quired for street purposes or j u st pu rchas e d, is s om e thing that should be addressed by th e Commi ss i on . The ma tte r be for t h Com- mission is wheth e r or not there i s a p u b l ic p u r po r v e d by the excess 1 4 .2 to 15 .7 f eet o f right-of -way . S h t a t d t hat she did not fee l that it is up to the Plannin taff t o recommend whether or no t the C i ty shou l d b re imburs d for th1 l a n d. Mr . Wanush agr eed with Mr s . Ro ma n hat thi i not a d t e rm i na - tion to be ma de by th e Pla n nin g staff . Mr . Williams asked if it would b e pro p r t o r qu t th t a ff to ge t a legal opin ion on whether o r not th City bould b paid for the right-of-way ? Mr s . Roman s tat d t hat th Com- mission is addr essing t he qu es tion o f wh t b e r or not th r ig h t - o f -way is needed for public purpose s ; the m thod o f its di s- posal, if it is vacat e d , wou l d be a mat ter for City Counci l determination . Mr. Lathrop asked Mr . Kuhl i f he wishe d to address the Com- mission? Mr . Curt Kuhl stated that he is a Broker-Associate with Realty World-Senti, and is acting on behalf of the property owners, South Marion Street Ventur e. Their origina l request was for th e vacation of the west 3 7 ,9 feet of the s outh 272 ,5 feet of the block, in an attempt to gain mo re land to allow mo re units on the site. He stated that while the 14,2 to 15 .7 feet of right-of-way in excess of the 60 foot right-of-way is probably not of "va lue" to the property, it is important in developing the property because the lots are only 1 12 feet d eep rather than the usual 125 feet . It would enhance th e property for new development. The reasoning behind the request f or the 37 ,9 foot vacation, was to g ive more setback and additional square foota ge for mor e uni t s on the site • • I • • ( • • • .. -4- Mr .Lathrop asked if t her e we re any questions of Mr . Kuhl? No questions were asked o f Mr . Kuhl . Mr . Lathrop then asked if anyone else wished to speak in favor of the vacation? No one indicated they wished to speak in favor. Mr . Lathrop then asked if there was anyone who wished to speak in opposition to the vacation request? Mr . Tony Monte 3527 South Marion -stated that he is purchasing this proper~ from his mother, and that the vacation of the excess right-of-way will not mean anything to his property . He noted that the clients of the medical office building on South Lafayette Street fill that parking lot, and then people park along South Marion Street. There is not sufficient parking for the duplexes that are constructed on the area, and people park on the vacant lot and on the excess right-of-way . He stated that he felt the excess right-of-way does serve a purpose, and he is opposed to the vacation. Mr . Smith questioned that parking would be allowed on this right-of-way. Mr. Monte pointed out that it is public property, and does still serve a public purpose. Dr . Guard, one of the partners in South Marion Street Ventur~ stated that there ar e a coupl e of junk cars and a boat which have been parked on their lot ; he stated that he did not know who they belong to, but assume d they might be Mr. Monte's. Dr. Guard stated that the people from the medical building on South Lafayette do not park on South Marion Street, and that the street is clear at almost any time . He stated that he and his associates who own this lot have a hard time trying to keep the property cleaned of debris--tree limbs, etc ., and would like to develop it and put it to use . He asked that the vacation of the excess right-of-way be approved , Mr . Smith asked if this property were to be developed with residential units, would they not have to provide off-street parking? Mrs . Romans stated that this is correct; they would have to provide th e required o f f-stre e t parking. Mr . Kuhl stated that he belie v e d the ratio for parking for the type of units they have in mind is 1-1/2:1 ; he emphasized that new parking lots would not be created on this site for mor e medical faciliti e s . Th e owners ar e contemplating a r e sidential-type development . Mrs . Doris Preston 3527 South Marion -stated tha t she is the present owner of this prope rty . She stated that people from t h e medical office building park on South Marion Street, and have told her that as employees of the medical center, they have been instructed not to park in the medical center parking lot , She stated that one of the women used to park right in front of her place until she asked her to move, and this woman in f ormed her that the e mployee s were not to park in the medical complex parking lot • • I • ( ( • • • .. • Mrs . Ida Resley 3540 South Marion-stated that she is home all day, and are at least five or six people that on South Marion Street who work at the medical building . stated that at least two doctors park on the street, and four to five others, also . Discussion ensued . -5- there park She from Mr . Kuhl reiterated that the proposed development may not solve the parking problem existing in this block, but it will not complicate the problem . He pointed out that the units would be constructed according to code, and would provide the required off-street parking . Mrs . Becker stated that she felt the issue before the Commission is the vacation of the right-of-way, and not the matter of parking. She stated that in her opinion, the parking problem should be taken care of elsewhere. Williams moved: Bilo seconded: The Planning Commission recommend to City Council that the following right-of-way be vacated in the 3500 Block of South Marion Street, as requested in Case #10-79: (1) The East 5 f eet of Lot 2 and the West 10.7 feet of Lot 1, and the West 15.7 feet of the East 30 feet of Lots 27 and 28 and the East 5 feet of Lot 25 and the West 9.2 feet of Lot 26 all in Block 1, Yeager's Subdivision of Block 4, Verona Place. Contains 4269.75 square feet. (2) The East 5 feet of Lo t 2 and the West 9.2 feet of Lot 1 and the West 15.7 feet of the East 30 feet of Lots 27 & 28 all in Block 2, Yeager's Subdivision of Block 4, Verona Place. Contains 2543 .25 square feet. (3) Beginning at a point 5 feet West of the Southeast corner Lot 2 5, Block 1, Yeager's Subdivision of Block 4, Ve rona Place; thenc e South 30 feet to a point 5 feet We st of the Northeast corner Lot 2, Block 2, Yeager's Subdivision of Block 4, Verona Place; thence East 14 .2 feet along the NOrth line of Lot s 2 and 1; thence North 30 fee t to the South line of Lot 26, Block 1, Yeager's Subdivision of Block 4, Verona Place; thence along the South line Lots 26 and 25 14.2 feet to point of beginning . Contains 426.00 square feet. (4) That portion of a 15 foot alley which is adjacent to the West 15.7 feet of the East 30 feet of Lot 27, Block 2, Yeager's Subdiv i- sion of Block 4, Verona Place, City of Englewood, Arapahoe County, Colorado. Contains 235.5 square feet. I • • - ( • ( • • • • -6- The vacation of this right-of-way is favorably recommended for the following reasons: 1 . The 3500 block of South Marion Street is classified as a Local Street and no more than sixty feet of right-of-way is needed for the present and projected use of the land in that block. 2. The roadway in this block was constructed in Paving District No . 7 of 1957, utilizing only the eastern sixty feet of the right-of-way, and there are no plans to redesign or recon-struct the roadway. 3 . By vacating the land in excess of the 60-foot right-of-way along the west side of the entire block, it will create a uniform right-of-way width in this block and the width will be comparable to other Local Streets within the City. Mr . Smith stated that there is a parking problem in this block, but it has nothing to do with the request before the Commission . He also pointed out that opponents to the vacation would have an opportunity to appear before City Council when this matter is considered by that body. He emphasized to the members of the audience that under the Zoning Ordinance and Building Codes, new developments must provide off-street parking. He stated that it appeared from discussion this evening that Dr. Guard is willing to cooperate with the residents of the area, and suggested that they work together to reach a solution to the parking situation. Mr. Bilo stated that he felt the job of the Planning Commission is to determine whether or not the right-of-way is used for public purposes; he does not feel that it is, and that there will be no need for this right-of-way in the future . He stated he would vote in favor of the motion . Mr. Lathrop stated that he felt Mr . Smith and Mr . Bilo had covered the points of consideration by the Commission, and asked for the vote: AYES: Bilo, Carson, Lathrop, Smith, Williams, Becker NAYS: None ABSENT: Draper, Pierson, Tanguma The motion carried. IV . SUBDIVISION WAIVER 4691 South Mariposa Drive CASE #11-79 Mrs. Romans recalled tha t Mr . Oakley had annexed his land to the City of Englewood in 1978, and indicated the location of the property on the map . Mr s . Romans stated that Mr . Oakley is in the process of constructing a single-family house on this I • ( • • • - -7- property, which was zoned R-1-C, Single-family Residence . There is sufficient land area for a second building site on the north end of the parcel, which would have frontage on South Mariposa Drive, and utilities are available to the site. The City Ditch runs across the front of the property. The staff is of the opinion that nothing would be gained by requiring the filing of a Subdivision Plat, and Mr . Oakley has asked a waiver to the requirement of filing a subdivision plat in order to divide his property into two building sites. Mr. Carson stated that there is no reference made to the 6" water line running across the rear of the property, which is used to water properties to the north. Mrs. Romans stated that there is no evidence of an easement for such a water line in the surv ey. Mr . Carson stated that he asked, because if this is private property, how could the person owning those water rights have access to turn the water on and off? He stated that he understood the pipe had been broken during con- struction on Mr. Oakley's site. Mrs . Romans suggested that Mr. Oakley is present, and could perhaps answer the questions posed by Mr. Carson. Mr. Oakl ey stated that there is an irrigation pipe that does run down the back of his property, and that there is no ease- ment for this water line. It appears that when the reservoir was built in 1948, the water line ran across this property, which was under one ownership at that time. The property was subsequently divided, with no easement for this water line ever being designated . Mr . Oakl ey stated that it is not his intention to cause anyone problems over the water rights, and in fact has made arrangements to replace that portion of the pipe that was broken during construction . He stated that he was not aware the pipe was on his property until they were well into the construction, and broke the pipe . Smith moved : Williams seconded : The Subdivision Waiver requested by Mr . Wayne Oakley for the following described property be approved . Beginning at a point 579 .14 ' Southeasterly along the West er ly line from the Northwes t corner of Plot 13; thence continuing along said Westerly line 275 fe t to the Southernmost corner of Plot 13; thence South 9° 0 ' East 9.47 feet to the Westerly R.O.W . of the City Ditch; thence North 5 ° 16' East along said R . o . w. 20.29 feet; thence North 16 ° 52' East along said R .o .w . 150.54'; thence North 12 ° 14' 30" East along said R.O .W. 55 .55 feet; thence North 4 ° 10' Eas t along said R .O .W. 49.31 f ee t ; thence North 88 ° 45' West and l ea ving the Westerly R .O .W. of the City Ditch 32 .18 feet to a point on the Easterly line Plot 13 ; thence South 89 ° 47' We st and parallel to the North line Plot 13 99.6 feet mo re or less to the point of beginning, Bell Isle Gardens, Arapahoe County, Colorado, containing .458 acres, more or less • • 0 I • • • • • -8- The Commission makes this recommendation for the f ollowing reasons: l. The division o f the subject parcel, as proposed, will result in two single-family building sites of adequate size and fr ontag e to me et the requirements o f th e R-1-C Zone District regulations. 2 . No substantial benefi t s would be gained by the City or by the public from r equiring a Subdivision Plat t o be prepared, approved and filed f or this parcel . AYES: Becker, Bilo, Carson, Lathrop, Smith, Tanguma, Williams . NAYS : None ABSENT: Draper , Pierson The motion carried . V. COUNTRY CLUB JOINT VENTURE Mr. Wanush stated that this is a progress report on the Country Club Joint Venture project. He stated that the staff was in f orme d e arlier in the d ay that Mr . Regan has hired a project manager for the site, and the architect i s getting into "working drawings". The engineer hired by the Utilities Department has been doing s om e work on the e xt e nsion of the sewer line from the site to the Plant, but no final report has been made at this time . Mr . Smith asked if the staff had h ea rd of any legal action regarding this proposal ? Mr. Wanush stated that h e has h e ard nothing further than the letter from Mr. Criswell which questioned the procedure fol lowed by the Planning Commission . He not ed that there are continuing c omplaints from r esi dents of the area regarding the exist ing development on parking and the fence along Romans Park . Mr. Smith inquire d if there had been any progress in getting the fence along Romans Park repaired? Mr . Wanu sh stat d that there has been, and that he did, in fact , receive a proposed design for the fencing earlier in the day. The proposal will contain three gates in the fence: one on the eastern end, one mid-way in the Park, and one by the Tot Lot. He noted that ther e are a few residents north of East Flo yd Av enue who are opposed to the gates . He stated that the residents north of East Floyd Avenue have been s urv eyed --19 people in all, 13 of whom had no objections . He stated that there is no reason the gates cannot be permitted ; they would not be in violation o f the conditions of the Waiver which was approved i n 1972 . Mr. Bilo asked if there had ever been discu ssion about a wall rather th an a fe n ce along the south side o f the Park . Mr . Wanush stated t hat he could not recall any discussion of a wall bein g installed instead o f the fence. Further discussion ensued, • I • • • • • -9- VI, DIRECTOR'S CHOICE Mr . Wanush stated that at the time the Hampden Hills Baptist Church Subdivision Waiver was approved in February of this year, one of the conditions imposed at the request of the Utilities Department was that any development on the new site, Parcel "B", must connect to Englewood water and sewer . Since that time, the owner of the new site, who hopes t o relocate the Brown House on to it, has been told that Denver is serving the house now, and can continue to serve the house at its new location. The owner has discussed this with the Englewood Utilities Department, and Mr. Fonda has reconsidered his position on this matter, and sees no problem allowing Denver to continue its service to this structure. Mr. Wanush suggested that the Subdivision Waiver should be amended to delete this conditio~ Smith moved: Bilo seconded: That the Subdivision Waiver grante d to the Hampden Hills Baptist Church in Case #3-79, approved February 6, 1979, be amended by deleting Condition #6 . AYES: Williams, Becker, Bilo, Carson, Lathrop, Smith, Tanguma NAYS: None ABSENT: Draper, Pierson The motion carried. Mr . Wanush stated that at the meeting on May 22nd, there will be a pr esentation on the Public Housing application. By that date, the Housing Authority will have had time to look at several pieces of property for the elderly units and also for the family units, and this information will be brought to the Commission , The matter would be a "support o f the Housing Authority" situation . He stated that there is a possibility of needing interpretation by the Commission if one particular site for the high-rise is chosen, to determine whether the elderly housing units would be a "public use", and therefore, permitted in a specific zone district, Mr. Wanush stated that the intent is to have the land optioned and the development proposal together by June lst. The Housing Authority hopes to bid the project in August, and to approve the developer in October with construction scheduled to begin in the Spring of 1980 , Mr. Wanush stated that the elderly units and the family units will be bid as a single project; although they had initially discussed bidding them separately . The determination to bid them together was made after discussing the procedure with HUD. Mr. Smith asked if the site approval would go to City Council? Mr. Wanush stated that it would not . He stated that at least 15 sites have been considered for the elderly units, and this has been narrowed down to three. Discussion ensued. Mr . Lathrop stated that he had received several calls regarding • I • • • • • • -10- the new housing units ; people have this confused with the Target Areas, and are concerne d that this means the Target Areas will be cleared and low-income housing d eve lo ped in these areas. He stated that he had explaine d to these callers that t hese ar e two separate matters . Mr . Lathrop inquir ed about the rental policy for the new elderly units --whether it would be on the same basis as for the Simon Cent er? Mr . Wanush stated that it would be for low-income, but there mu st be a distribution of income l eve ls within t he low-incom e range . Mr . Wanush stat ed that the City Council did approve the Com- munity Development Block Grant application at their meeting of May 7, 1979. The Housing Authority has recei ved a $35 ,000 grant from the State o f Colorado for use in the Re habili t ation Loan Program . VII . COMMISSION 'S CHOICE . Mr. Carson stated that he would like to commend Mr. Tanguma for removing himself from c onsiderat ion on the right-of-way vacation case earlier in the evening . Mr. Williams indicated the calendar in the Council Chambers and asked what mea ns could be instituted to bring about the up-dating of this calendar . Discussion ensued. Becker moved : Smith seconded: The Calendar in the City Council Chambers be up-da te d, and that a day-by-day calendar be used . AYES: Williams, Becker, Bilo, Carson, Lathrop, Smith NAYS : Tanguma ABSENT: Draper, Pierson The mo tion carried. Mrs. Becker sta ted that there has been a pot luck get -together for Commission she offered to host such a gathering . was determined that the second Sunday would be scheduled for the pot-luck . some discussion abou t me mbers and staff, and Discussion ensued . It in June at 2:00 P. M. Mr . Bilo inquired about the progress on the Comprehensive Plan ? Mrs . Romans stated that the staff hoped to get it completed in June . Th e meeting adjourned at 8:30 P.M. /J:::.tf::!:,Y d.tf'- Recording Secretary • I • • - 0 • • • • • -11- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: May 8, 1979 SUBJECT: Vacation of Right-of-Way -3500 Block Sou th Marion RECOMMENDATION: Williams moved: Bilo seconded: The Planning Commission recommend to City Council that the following right-of-way be vacated in the 3500 block of South Marion Street, as re- quested in Case #10-79: (1) The East 5 feet of Lot 2 and the West 10.7 feet of Lot 1, and the West 15.·7 feet of the East 30 feet of Lots 27 and 28 and the East 5 feet of Lot 25 and the West 9.2 feet of Lot 26 all in Block 1, Yeager's Subdivis ion of Block 4, Verona Place. Contains 4269.75 square feet. (2) The East 5 feet of Lot 2 and the West 9.2 feet of Lot 1 and the West 15.7 feet of the East 30 feet of Lots 27 & 28 all in Block 2, Yeager's Subdivision of Block 4, Verona Place. Contains 2543.25 square feet. (3) Beginning at a point 5 feet West of the Southeast corner Lot 25, Block 1, Yeager's Subdivision of Block 4, Verona Place; thence South 30 feet to a point 5 feet We st of the Northeast corner Lot 2, Block 2, Yeager's Subdivision of Block 4, Verona Place; thence East 14.2 feet along the NOrth line of Lots 2 and l; thence North 30 feet to the South line of Lot 26, Block 1, Yeager's Subdivision of Block 4, Verona Place; thence along the South line Lots 26 and 25 14.2 feet to point of beginning. Contains 426.00 square feet. (4) That portion of a 15 foot alley which is adjacent to the West 15.7 feet of the East 30 feet of Lot 27, Block 2, Yeager's Subdivi- sion of Block 4, Verona Place, City of Englewood, Arapahoe County, Colorado. Contains 235.5 square feet. The vacation of this right-of-way is favorably recommended for the following reasons: 1. The 3500 block of South Marion Street is classified as a local street and no more than sixty feet of right-of-way is needed for the present and projected use of the land in that block. • I • • - • • • • -12- 2. The roadway in this block was constructed in Paving District No . 7 of 1957, utilizing only the eastern sixt y fe e t of the right-of-way, and there are no plans to redesign or recon-struct the roadway . 3 . By vacating the land in excess of the 60-foot ri g h t -of-way along the west side of the entire block, it will cr e ate a uniform right-of-way width in this block and the width will be comparable to other Local Streets within the City . AYES: Bilo, Carson, Lathrop, Smith, Williams, Becker NAYS: None ABSENT: Draper, Pierson, Tanguma The motion carried. By Order of the City Planning and Zoning Commission. • I . • • • • • ENGLEWOOD PUBLIC LIBRARY BOARD May 8, 1979 The Englewood Public Library Board met for its regular meeting on May 8, 1979, in the Library Meeting Room at 7:30 p.m. Present : Beaver, Bennett, Busch, Clayton, Nordyke and Sterling. Absent: Mueller and Wheelehan. Also Present : Sharon L. Winkle, Director of Libraries Eileen Browne, Recording Secretary Chairman Sterling called the meeting to order at 7:40 p.m. Glenna Bennett moved : TO APPROVE THE MINUTES OF THE APRIL 10, 1979 MEETING AS RECORDED . Seconded by Councilman Clayton; the motion carried. LIBRARIAN'S REPORT : The Director indicated that the continuing parking problems in front of the Library may be causing a drop in circulation . 5 D · Wh en asked about the increase in books withdrawn from the collection, Miss Winkle stated that at the present time only books which are considered lost, damaged or out of date are withdrawn. Miss Winkle reported on the Governor's Conference which she attended as an observer. She felt that many of the concerns that were discussed were similar across the country but some were unique in Colorado caused by geography and population problems. Teri Metros attended a meeting on the Anglo-American Cata loging Rules II at th e Lakewood Branch of the Jeffco Libraries. David Bru nton, Teri Metros and Sharon Winkle will be attending a weekend co urse on Microcomputers at Denver University on the following two Saturdays. Lois Sterling, Dorothy Wh e elehan and Sharon Winkle will be attending the CLA Spring Meeting in Aspen dealing with Friends of the Library Groups. Councilman Clayton moved : THAT THE BOARD ALLOCATE FUNDS FOR REPRESENTATION, TRANSPORTATION AND BOARD FOR THE LIBRARY BOARD MEMBERS ATTENDING THE CLA SPRING CONFERENCE IN ASPEN. Seconded by Dalton Nordyke; the motion carried . I • • • • • ENG L EWOOD PARKS & REC REATION COMM ISS ION Minutes o f May 10 , 1979 5 £. The r e gu lar mont hl y meet i ng of th e E ng l e wocx:l Pa r ks & Rec r eati o n Comm i ss io n was ca lled t o or der by C ha irman Ja c k Po o l e at 7 :30 p.m. in th e Pa r ks a nd Re cre atio n Offi ce . Me mber s prese nt : Poo le, Harper, We ber, Howard, Alle n a nd Roma ns, e x officio Me m be r s a bsent: Hewitt a nd Cush in g Al s o Prese nt : Ass i s t a nt Dire ctor Tapply Ass ist a nt Dire c t or Kuh n As sist a nt Dir e c t or Le on Kuh n wa s i ntrcx:l uc e d t o th e Commi ssion . Mr. Kuhn g ave a shor t r esume of hi s background and s tate J he i s ve r y g lad t o be in E ng le woo d and ho pe d to be of se r vice t o t he c omm unity . Weber m o ve d, Ho wa r d secon ded , t ha t th e m inutes o f the Aprill2, 1979 mee t- ing be appro ved a s pri nted . Mo tion carr ied . Dire cto r Ro man s prese nt ed th e recomme nde d imme dia te pla n a nd long -ra nge p la n for improve me nt s to Du ncan Park . We ber move d, Howa r d seconded, that this pla n be acce pted t o be a c ted o n a t t he next Commi ssi on meeting . Motion carrie d. Director Rom an s r e ad a memo from t he City Ma nager i nf orm in g the Commiss ion t hat C ity Cou nc il a p proved o n final read ing Ord inance No . 20 whic h aut horizes th e Parks a nd Recreat ion Comm i ss io n t o a ppoint a Se nior C itize n Advisory Comm itte e . Thi s Ord inanc e will go in t o e ffe ct June 9 wh ich i s thirty days afte r publica tion. Harper moved, We ber sec o nded, tha t the Commi ssi o n r e c e ive this memo fr om th e C ity Ma na ger . Mo tio n carried . Di s cu ss ion e nsued regard ing th e Or d inance es tabli s hin g th e Commiss ion. The fee ling i s t ha t some revisions shoul d be made t o t h i s Ord inance a nd thi s will be d i s - c u ssed f urther t o fi na l ize recomme nded revis i o ns t o be prese nted t o C ity Council i n • I • ...... • • • • .. -2 - Regarding the Chairman's membership in the ALA and her attendance at the ALA Annual Conference in Dallas; Councilman Clayton made the motion that : PAYMENT OF MEMBERSHIP DUES FOR THE CHAIRMAN AND HER ATTENDANCE AT THE ALA ANNUAL CONFERENCE BE APPROVED BY THE BOARD. Seconded by Glenna Bennett, the motion carried unanimously . Regarding the Vice Chairman's membership in the Mountain Plains Library Asso- ciation; Councilman Clayton moved: THAT THE BOARD APPROVE THE PAYMENT FOR PAUL BUSCH'S MEMBERSHIP IN THE MOUNTAIN PLAINS LIBRARY ASSOCIATION. Seconded by Glenna Bennett; the motion carried. Glenna Bennett questioned the 1980 term expiration of former Board Member Margaret D. Cloughesy . The Recording Secretary was requested to find out why this term ended so soon . There being no further business the meeting adjourned at 8:25 p.m. I • • - ( • • • • Parks & Recr eation Commi ss ion Minutes of May 10, 1979 Page -2- january. Asst. Director T apply presented May a nd june class r egi s t rat ion s t atistic s f or t he Malley Ce nter . He said t here i s som e concern th a t r es id nt s migh t not be able t o r egiste r in some of th e classes because of non-resident participa ti on and t his i s now being s tudied. This concern will be s hared with the nior Citize n Advisor y Comm ittee before th e next O:>mm i ssion mee ting a nd th e ir recomme ndatio n will be prese nted a t th e june Comm i ss io n rre e ting . The Parks & Recr e ation F ive Year Capital Improve m e nt Program wa s dis- cussed . Director Roman s s aid the shore lin e at Cente nnial Park will be developed thi s fall u s ing the $94, 000 federal fu nds available for this projec t. He e xplained that if th e City could obtain the Pete r Kewitt land Ce nte nnia l Park cou l d conne ct with the Platte River trail syst em. Also, the city s hould atte mpt to acquire the Hall property (5. 07a) which adjoins the Centennial Park t o hold for future park ex pansion. The Rouse property west of Cu s hing Park ha s incre a sed so much in price over th e past fe w years it is not possible to consider it for Cu s hing Park e xpan s ion at thi s time . T he bid s for the second nine ho les of the g olf course were r eceived a nd th e lowe s t bid was within $10, 000 of the e ngi neers estimate . Director Ro mans s t a t ed the s taff feels that the Community Building s hould be the num ber one priority afte r the River Red e ve lopme nt proje ct. Asst. Director Ta pply prese nted the following s uggestions for th e five year Capital Improveme nt Pla n: purchase land east of Malley Cente r; sw im pool for special popu la tion s and se nior cit izens; develop Simon Cen t e r ba sement into program s pace ; acquire St. Louis school property; community center; mou ntain park; addi tional athletic • I • • ( • Parks & Re creation Commission Minutes of May 10, 1979 Page -3 - • • • fie lds; fini s h cul-de-sac plan at Malley Center; bike system in E ng le wood. Asst. Director Kuhn said that a regular progra m for r esurfacing te nni s court s, parking lots and all-purpose courts should be included in the Capital Improveme nt Program. The Commission was asked for th eir suggestions and interests to be included in the Five Year Plan. The Commission indicated that land acquisition should be first on the priority list at this time. The Capital Improvement Program will be discussed further at the next meeting. Director Romans reported that the City Council accepted the recommendation of the Commission concerning the golf balls being hit off #4 t ee into th e Mobile Home Park next to the golf course. It was suggested that a tour of th e Sinclair bathhouse and Miller Building be arranged in june for the Commission, School Board and City Cbuncil. The meeting adjourned at 10:00 p.m. ~_/~~.-/ ... EditE.ROmans, Recraing secretary • I • • - ( • • • • ENGLEWOOD WATER AND SEWER BO ARD REGULAR ME ETING May 15, 1979 The meeting was called to order at 5:07 P.M. Members present : Gibson, Best, Harper, Schnackenberg, Ull ery Members absent: Feamster, Mann, Taylor, Witthus Also present: Stewart H. Fonda, Director of Utilities I. REQUEST FOR WATER FROM JUDITH PETERSON, 825 E. TUFTS, CHERRY HILLS VILLAGE There was discussion on policies established by the Board concerning water taps outside the City limits. The Board requested Mr. Fonda to inform Judith Peterson of the policies and to inform her that no tap would be issued by the City of Englewood. The Board advise her to cont act the City of Cherry Hills Village for further assistance in receiving water. II. ELECTION OF CHAIRMAN The Board members unanimously agreed that Mr. Gibson whould continue his role as Chairman for another year. I I I. 42" SANITARY SEWER OVERFLOW AT ALLEN WATER PLANT 5 F Mr. Fonda reviewed the memorandum from Vince Wertin, Water Superintendent regarding the overflow. Mr . Fonda stated that a major study will be conducted by the South Arapahoe Sanitation District to correct the surging sewer collector system. Mr. Fonda stated that at the present time, the various contractors that had been dumping their sewer trucks at Allen Plant have been notified to dump elsewhere (D enver). The Board members indicated that there should be no more additions to any of the Districts tributary to the 42 inch inter- ceptor line until South Ar apaho e has corrected the overflow situation. • I • • • • • • • -2- IV . AWARD OF BIDS FOR WATER IMPROVEMENTS Mr. Fonda stated that th e bids had been awarded to the Contractors for improvements on the Trans mission System, Allen Plant and Dartmouth Avenue and Bear Creek Pump Station Modifications. The bids were well above the engineers estimate. Calculations indicate that the projects can be built without an increase in water rates. V. RENTAL PROPERTY AT McLELLAN RESE RVOIR AREA Mr. Fonda stated that Dorothy Jensma had been requested to vacate the premises by June 15, 1979 . The house had been inspected previously by Mr. Fonda and the building inspector and they found sub-standard conditi ons in the house and the surrounding area. Mr. Fonda stated that he would like to bring th e building up to code and use it as a caretakers residen ce f or the r ese rvoir and the City Ditch. Meeti ng ad j ourned at 6:40 P.M. Respectfu l ly submitted, 7:!£,/;;J;; Re cording Secretary • I • - • ( • • • - MINUTES ANIMAL CONTROL COMHITTEE May 29 , 1979 The bimonthly meeting of the Animal Control Committee was held on Tuesday, May 29, 1979, at 7:00 p.m. Members present were Joe Bile, Howard Brown, Harold Ambrosier, Dave Lo ng , John Tidwell, and Dr. Kim Stone. Absent was Thad Carson . Mrs. Hattie Ambrosier was a guest. The minutes of the last meeting we re read and approved with the following changes: 1) Under 11-11-16: VICIOUS DOGS; GUARD OR ATTACK DOGS (a) It will r ead: "It shall be unlawful for any person t o keep or harbor a fierce or v icious dog." The remaind er of that section will be dele ted and b ecome d efinition (q) under DtFINITIONS : DOGS. It will read : "a dog that, without provocation, bites or attacks human beings o r in a vicious and terrori zing manner attacks, or approaches, in an apparent attitude of attack, a person upon the streets , sidewalks or any public ground or place or any private property other than the premises of the owner, possessor or keeper of such dog, or a dog that runs after and bites or barks at horses, bicycles or any vehicle being ridden or driven upon the streets, sidewalks o r any public ground or place within the city." 2) Under 11-11-12: VACCINATION REQUIRED --It will r ead: "Each dog by six (6) months old shall be va ccin ated against rab ies , s u ch vaccination to be r epeated annua lly thereafter. Dogs shall be vaccinated by any veterinarian licensed to practi ce veterinary medicine. A certificate of vaccination in duplicate shall be completed by the veterinarian, one (1) copy t o be issued to the dog owner and one (1) to be 'retained i n the veterinarian's files." Section (a) will remain the same. The committee voted to table section (b) until more informatio n is ob t ained from the city attorney on this subject. The committee then con tinued their discussion on d og ordinances and cat o rd i nanc es. See attached sheet for the results of that discussion. Harold Ambrosier introduced an ordinan ce h e would like to see presented to the city co uncil. Due t o a question of co n sti- tutionality on the ordinan ce, the committee is sending a letter to the city attorney asking his legal advice . 5 G I • • - • • MINUTES: May 29, 1979 Page Two • • • Meeting adjourned at 9:00 p.m. The next mee ting will be held on Monday, June 11, at 7:00 p.m. Laura Ann Hinderaker, Se c retary • I • ( • DOG ORDINANCES ll-11-20: CRUELTY TO DOGS • • • May 29, 1979 Page Three It shall be unlawful for any person to overcrowd , overwork, deprive of necessary sustenance, willfully or mali ciously torture, torme nt, beat, kick, mutilate, injure, disable, or kill needlessly, or to carry in any vehicle or otherwise transport in a c ru el a nd inhuma n manner, any dog , or to cause any of these acts to b e done. It shall be unlawful for any person having charge or custody of any dog to fail to provide it with proper food, drink and protection from the weather, or t o cause any of these acts to be done . CAT ORDINANCES 11-11-21: DEFINITIONS : CATS (See cat d efini tions on page three of Ma y 14, 1979. Add to this list the following definition :) (o) 'VICIOUS CATS'' a cat that, without provocation, bites or attacks human beings or in a vicious and terrorizing manner attacks, or approaches, in an apparent attitude of attack, a person upon the str~ets, sidewalks or any public ground o r place or any private property other than the premises of the owner. ll-11-22: CATS RUNNING AT LARGE It shall be unlawful for any owner of a ca t to allow such cat t o run at large in the city if i t is creating a nuisance. (a) Notwithstanding any of the provisions of this section , a cat shall be deemed to be a nu isance wh e n any of the followi ng condition s occur : (1) The cat inflicts damage or injury by biting, jumping upon, pollution of vegetation, or by any other means whatsoever, to the person or property of a n yone other than the owner . (2) In the case of any un spayed female cat while said cat is in estrus (in heat or in season) a nd not secur e ly confined in the owner 's yard, pen, or other enclos ur e. D I • - (\ • ( • • • • 11-11-22: CATS RUNNING AT LARGE (Con't.) May 29, 1979 Page Four (b) Pe nalty. Any owner or person found guilty of their cat vio l ating a ny provision of this section sha ll, upon the first convic tion, be s ub ject to the payment of a fine of fifteen dollars ($1 5); up on the second and subsequent conviction shall be fined a sum not less than twenty-five dollars ($25) nor mo r e t han one hund r e d dollars ($100); and up on the third and subsequent conv ictions shall be fi n ed an amount not less than one hundred dollars ($100) nor more than three hundr ed do l lars ($300) o r be subjec t to not mor e than n i nety (90) days in jail, o r both . (c) An y owner o r person charged with the violation of any of the provisions of Section 11-11-22 hereof may present such summons to the Clerk of the Traffic Violations Bureau of the City of Englewood and pay such fine without appearance in court , and upon payment of the fine shall be deemed to have pleade d guilty to the offense charged . Nothing herein contained shall be construed to prohibit any person charged with the violation of Section 11-11-22 from demanding a court hearing on the alleged violation. The provisions of this subsection shall not be applicable upon the filing of a complaint and summon s for the second or subsequent violations of this section. 11-11-23 : DAMAGE TO SHRUBBERY, PLANTS, ETC. (a) It shall be unlawful for a ny own e r, possessor or pe r son who keeps any cat to permit such cat, wh ether or not running at large, to d es troy , damag e or i n jure any shrubbery, plants, flowers, grass, lawn , fence or anything wh a tsoe v e r up on any public premises or upon any private premises owned or occupied by a person other than the owner, possessor or keeper of such cat , and the same is hereby declared to be a public nuisance and prohibited. 11-11-24: CATS AT LARGE; IMPOUND~ffiNT; NOTICE; DISPOSITION (a) Any cat or cats fo und runn ing at large and/or c r eating a public nuisance shall be taken by the Animal Warden and impounded i n the shelter designated as the City Animal Shelter and there confined in a humane manner fo r a period of not less than six (6) days and may th e r eafter b e • I • - • ( • • • • May 29, 1979 Page Five 11-11-24: CATS AT LARGE; IMPOUNDMENT; NOTICE; DISPOSITION (a} (Con't.) disposed of in a humane manner if not claimed by their owners. Cats not claimed by their owners before the expiration of six (6} days may be disposed of at the discretion of the Animal Warden, except as hereinafter provided. (b) The Animal Warden may transfer title of any cat held at the Animal Shelter to the Society for the Prevention of Cruelty to Animals after the legal detention period has expired and such cat has not been claimed by its owner. (c) When cats are found running at large and their ownership is known to the Animal Warden, such cats need not be impounded, but such officer may cite the owners of such cats to appear in court to answer charges of the violation of this Article. (d) Immediately upon impounding cats, the Animal Warden shall make every possible reasonable effort to notify the owners of such cats so impounded and inform such owners of the conditions whereby they may regain custody of such cats. (e) Cats impounded and not reclaimed by the owner, pu rsuant to subsection (a} hereof, may be released for adoption after payment of a forty dollar ($40) adoption fee by the party adopting said animal. Fifteen dollars ($15) of the forty dollars ($40) adoption fee will be refunded upon presentation of proof that the cat has been neutered (spayed) by a licensed veterinarian and has received a current rabies vaccination. Neutering (spaying) and vaccination must be performed within thirty (30) days of adoption or by the time the adopted animal attains six (6) months of age. 11-11-25: (Reserved) 11-11-26: to be discussed at next meeting . • I • • ( • STUDY SESSION: • • • CITY COUNCIL CITY OF ENGLEWOOD, COLORADO POLICE/FIRE CENTER -ERNIE ANDERSON ROOM May 29, 1979 Sh The City Council of the City of Englewood, Arapahoe County, Colorado , met in a study session at 7 :00 p.m. on May 29, 1979 . Mayor Taylor, presiding, called the study session to order. The invocation was given by City Manager Andy McCown . The Pledge of All egi ance was l ed by Mayor James L . Taylor . Pr e sent : Absent : Council Members Williams, Weber , Smith, Harp er, Clayton , Mann, Tayl or . None . Also present were: City Manager McCown Assistan t City Manager Curnes City Attorney Berardini Fire Chief Beeson Deputy Fire Chief Boston Battalion Chief Cox Director of Comm un ity Dev elo pment Wanush Traffic Engineer Plizga Deputy City Clerk Watkins * * * * * * Mayor Taylor stated the purpose of the study session was to discuss the relocation of the Fire Station #3 . Mayor Taylor stated a resolution concerning the relocation will be presented at next Monday night's Council meeting . In his introductory remarks, Mayor Taylor stated he realized there was no fire station east of Broadway or in northeast Englewood. City Manager McCown gave remarks concerning the background infor mation of this project . City Manager McCown introduced staff members who would be participating in the presentation . Fire Chief Beeson presented slides comparing the Tejon station to the Belleview station . Chief Beeson pointed out the deficiences of the Belleview station. He stated there were five locations from which to chose the best possible site that would provide optimal service levels . The five locations acco r ding to priority were l) Southeast corner of Acoma and Layton 2) northeast corne r of Acoma and Layton, 3) Inca and Tufts, 4) Belleview and Fox, and 5) Quincy and Navajo. Chief Beeson discussed the criteria used in the selection and stated the first three areas meet the criteria . He stated response time was a critical facto r and close • I • • • May 29, 1979 Page 2 • • .. proximity to high risk building s and high incident a reas. Director of Commu ni ty Development Wa nu sh presented his report concerning the relocation . Mr. Wanush sta t ed his c riteria was based on how ea ch location impacted neighborhoods . Also, how each location affected the exist i ng comprehensive plan , the pro- posed comprehens ive pl an and if it protected r eside ntial areas both present and planned. Mr . Wanush sta t ed the best locations would be in industrial areas, o r mixed use areas , if none were available the n ext area would be residential with the fewest hom es . Mr . Wanush prior itized the locations as l) Qui ncy and Navajo, 2) southeast corner of Acoma and Layton , 3) Fox and Belleview, 4 ) Quincy and Pearl, 5) north east corner of Acoma and Layton, 6) Inca and Tufts. Mr . Wanush gave positive a nd negative factors for each location. Mr. Wanush stated the choice of Quincy and Navajo is good because it would have least impact, it is industrially zoned, it is vacant except fo r an office structure, would improve the area visually, and wo uld provide easy access to a major arterial -Qu incy. Chief Beeson pr es ented t he operational pros and cons of each location. The criteria used were: l) 2) 3) 4) 5) 6) 7) 8) 9) 10) to cover all stations in a th r ee minute r e sponse time natura l b ar r iers zoning planned develo pmen t human occupancy internal fire protect i on special ha za rds available wat e r condition of building travel paths Chief Beeson stated of primary concern is to exte nd the Bellevi e w station cove rag e to the north and re duce the area covered by Jef fe rson and Federal station s . Chief Beeson stated that the corner at Acoma and Layton would be satisfact ory because ea ch provides balanced response for the area, g ood back up cove ra ge for rescue calls, good access to the west, and g ood access to high incident areas . Chi ef Beeson stated h e fe lt th e re wer e no negative aspects to th e sites . Audi en c e Qu est ion : Why not locate a new station in north east Englewood? • I • • • • • - May 29, 1979 Page 3 Chief Be e son pointed out the station is needed in the south . City Manager McCown stated h e is aware of the inadequate cover age in northeast Englewood as was poin t ed out in t he 1973 repor t . The prio r ity at the time was to meet the n ee ds in the so u th rather tha n at tack th e n ortheast sect i on , Au dienc e Ques tion: The people in north east En glewood are mor e i nter ested in a station i n the north eas t than relocation in the southeast . Councilman Smith sta ted the issue is relocation of an i n - a dequate station to a more serviceable site in the southern section . Audi e nce Qu estion : What's wrong with Quincy a n d Pearl? Chief Beeson stated he station would have to be r e novated o r even torn down. Also, the response time i s poo r. Audienc e Question : What is in the Qu i ncy and Pearl b u ilding? f iremen . Chief Beeson stated the building is occupied by th e volunt eer Audience Question : b uildin g? What will t h e City do wit h the Bellevie w Chi ef Beeson stated it probably wo uld be sold . Audi e nce Qu est ion : Why not help the northeast sect ion ? Chief Be eson stated this is covered by Jefferson and there wo ul d be an ov e rlapping of service. Voluntee r Chief Sovern discussed the responsibilities of the voluntee r fire squad and their abilities . City Manager McCown stated the City has have one rescue vehicl e and is in the process of purchasing another one . It is housed at the Jefferson stat ion . Th e n ew unit will be housed at the n e w site so t h at coverage can be divid ed between th two major z ones of the City . City Mana ge r McCown recalled an inciden wh ere the rescue unit was n ee ded but was out on anoth er call and co ul d not respond . The call was a n - swe red by firemen on a pumper. Mr. McCo wn McCown stated th ere is a definite need to have two rescue units available . • I • • • May 29, 1979 Page 4 ,. • • .. Coun cilman Clayton recalled he incident also . He commended t he assistance received from th e firemen on the pumper . Mr . Clayton concurred with the City Manage r in that another eme r gen cy unit is n eeded . Coun cilman Williams stated he could not reconcile taking the results of the 19 73 r eport and init iating the r e commendation 6 year s later . Mr . Will iams t h ought a new study should be conducted . Chief Beeson stat d the staff took the criteria used in 1973 and appli ed i to today 's n eed s . Councilman Williams di scussed the atte ndant costs involv ed in reloc ating a station ve rsus r e novating the station at Quincy and Pearl or building a new facility east of Broadway . Deputy Chi ef Boston sta ted the difference depends on wha t ty pe of service the City can provide . Councilma n Wil l iams stated he did not think the residents in northeast Englewood would b e happy with the relocation. Audi e nce Qu estion: section . We need a fi r e s tation in t h e east Chief Beeson stated the east section would receive very good coverage if the station is relocated at Acoma and Layton. Audi ence Ques ti on : From all the studies, I do not see a study on the impact of the area of Acoma and Layton, that is Massa Gl ass. Th e traffic on Broadway backs up for blocks and would not be a quick way for a fire truck to exit during rush -hour traffic . Tr affic En gineer Pli zga stated his fig ur es indicate that thi s area is not over capacity even during rush-hour traffic . Mayor T aylor stated we all have bee n told that the fire trucks will come out on Acoma and should not affect parking on Layton for Massa Glass . If the station is located on the southeast corner, a fence will be put behind it and should not affect the bait shop or the tire shop . The station can be placed on the south and not affect the Dreher property. Aud ien ce Question: in the area . But, ther e is a concentration of children Mayor Taylor stated anywhere one goes in the City there will be a concentration of children . I • - • • • • May 29, 1979 ( Page 5 ( • Mayor Taylor stated it is a fa lse assumption that Broadway div ides equally the east a nd west sections of Englewood . It does n ot . That is why a station located to t he east of Broadway would not pro- vide ample coverage . Audience Que stion : Why is a fire truck sent along wi h the rescue unit o n all rescue calls? Chief Bee son stated th e additional assistance is needed. Swedish Hospital recomm end s that four firemen respond to rescue calls . Au dien c e Question : t h e same place? Why does a n ambulan c e have to come from Chief Beeson stated the present rescue unit respon ds to all resc u e calls and then an e n gin e is dispatched from any n earby station; not necessarily from the same building . Audience Question : Wh y can't the rescue unit be placed in the Quincy station? Ch ief Beeson stated the fireme n r esp ond as a team an d t o split it up wo u l d not b e conducive to g o o d teamwork . Aud ienc e Question : Wh at about the calls that c o me in wh en the rescu e uni t is out o n call? Ch ief Beeson stated a fire truck will respond to the call . He added the second rescue unit will facili ate this problem . Audience Question : Someone sho u ld look at the traffic con- gestion at Acoma a nd Layton . The traffic flo w is still heavy . Aud ience Question: The pa rk i n g on Acoma is heavy, especia lly at the apartm~nt complex . Chief Beeson stated this would not present a problem. Chief Beeson added the truck would. take the fastest route to the incident . Dir ector Wanush stated he has not seen a parking pro b lem in this area. Mr . Wanush sta t ed the parkin g could be e v en more complex area was zoned commercial . Audience Question : Please explain t h e statistics concern ing 3,000 exits and entrances per year from the fire station . Ch ief Beeson stated the amount of times means leaving or enterin g the station for any reason -fi remen coming in fo r physical fit n ess, a pumper going out to make a n inspection -not necessarily eme r gency runs . • I • • - • May 29, 1979 Page 6 • • • Audience Question: What is Lhe percentage of calls th Belleview station makes? Chief Beeson stated 13% of the c al l are handled by he B lie- view station . Audienc e Question: There is an elementary school three blocks away from the proposed site, doesn't this present a problem . The children use Layton as a main walk. Chi ef Beeson stated he knew this was a negative factor on th e proposed location . Audi ence Question: Wouldn't the same traffic situat ion occur at Belleview and Broadway intersection if the truck had to get to the Brookridge Shopping Cente r? Traffic Eng ineer Plizga explained how the traffic lights would be trigger ed to clear out traffic and allow the fir e truck to go through the intersection. Audience Question: If the City can control the traffic a t Acoma a nd Layton, then it should be equally possible at the Belleview and Fox station. Tra ffic Engineer Pli zga explain ed the traffic problem attend- ant to the Bellevi e w Station. Captain Steve Trunk stated the main issue of the dep art - ment is to provide the best possible service they can to the citizens of Englewood with the fastest response time possible . They want to be in a position to respond to a need or inc ident whether it be a life or death situation or loss of property. Traffic problems are secon dary. Aud ience Question: It seems to me the highest in cident area would be around Swedish, why wouldn't it b e better to locate at Quincy and Pearl? Deputy Chief Boston stated the incident numbers when ana - lyzed do not justify locating a station in that area . Mayo r Taylor stated the Council was in receipt of a letter f r om Mr. Steve Dreher and Mr . John Criswell . Mayor Taylor stat ed he would go over t he letter when Mr . Criswell gets back in town . Mayor Taylor stated th Council is also in receipt of several petitions protesting the relocation of fire sta t ion #3 . • I • - • • May 29, 1979 Page 7 • • • Mayor Taylor stated Englewood can not expand like its surrounding communities and because there is only 5% land available, any location would be controversial. The station at Belleview and Fox has served its purpose and is no longer adequate. Mayor Taylor stated maybe the matter should be reevaluated and postponed to a later date . He stated that Council must think of the health, safety and welfare of the citizens even though it may mean moving a fire station into a residential area just to keep up the the City's demands. Mayor Taylor concluded even though Council does not agree collectively on the relocation , they will do the very best they can to help the majority o f the people . Ma yor Taylor adjourned the study session at 1 0 :05 p .m. • I • - ( ( • ( • • • COUNCIL ACTI ON REQUEST LIQUOR AN D J.2 BEER OU TLETS APPLIC ANT: Le s lie E. Howe dba Sport Bowl 3295 S. Broadway TYPE OF ACTIO N REQUES TED: Annual Renewal of 3.2 Beer Retail License POL ICE AND FBI REPORTS: Copies enclosed PREVIOUS ~ITY COUNCIL ACTIONS DURING PRIOR TWO YEARS , EXCLUDING ANNUAL RENEWAL: CI TY ATTORNEY'S REV I EW : COMME NTS: • 6 A I • - ( ( ( F O RM DAL 401 ~~EV 117 81 • • - STATE OF COLORADO DEPARTMENT OF REVENUE -t:i()NQT WAIT[ IN l •-t•SSf>A(.f RENEWAL APPLICATION FOR 3.2% FERMENTED MALT BEVERAGE LICENSES LIQUOR ENFORC EMENT O FFI C ER 'S ACTION ••n• ll',..• .... , ... 0 ·•· c• ( Cl'"~ .. G (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST ) 11-0 6834 APPR OVED HOW E L ESLJ E E SPOR T BOWL 3295 S BDwY ENG L EWOOD CO DISAPPROVED !1 A"Tt ------ flt••••u(Nl o • •t vt,.vi St•l't AP II Ol 801 1 0 \ ..... , .... ,, o c -.v clll COlO 10161 ----~~ .... s£r f'T •Hil'iol1Ntroo;o,---- -----~o7Ft~,c~t~• ,p.~---- IMPORTANT SEE INSTRUCTIONS ON T HE REVERSE SIDE MAKE CHECP< OR M ON E Y O RDE R PA Y AB L E TO T HE CO LO R ADO DEPARTMENT O F REVENUE "'ENEVI.A l. A'I"LI C AT ION I"O A J 1" I"ERM(NTEO M~L T BE V ERAGE LICE NSE F O I'\ 1t4E L ICENSI NG I"EA IOO ENDING -----. TOTAL FEEI Sl r .._, "'i iC(.OU "'tNUM 8E~FOR --"l.:I A8l[TT 'YL,.~0 RMA.I IO N ----l _ ~f"t tlifN Ct C()uooT• CIT• ~.~ft --- 11-0683 4 1 0 006 79 3 3 1 071770 0 71 680 -_ $ 4~.25 1 SS No.2 •FEIN SS No 1 ----------1 CE RTIFY THAT THERE ARE NO CHANGES TO MY OR IGINAL APPLICATION EXCEPT CHANGE OF MANAGER, TRADE NAME OR C ORPOR ATE STRUCTURE . NEW TPADE NAME ------------- SIGNATURE __ _ _____ M1iling Address (IF THERE IS A CHANGE IN OWNERSHI P DO NOT USE THIS F OR M . USE AN ORI G INAL APP LICATI O N I MANAGER 'S NAME _ ,---~~----IF_A_PP_LIC ANT IS A COR PO RATION , F ILL IN RE V EASE SI "'O"'E __________ -----,,----;-:::::----; NAME AND DESCRI PT ION OF LICENSE RETAIL LIC E NS E P FE E Do vou have lega l possess1on of the prem 1ses fo r wh tch thiS apphcatton for license is made? -------,---Y_e_5 _____ _:::.------ Are the prem1 ses o wned or rented? t.c .. 1..-aA. If rented , effect1ve & exp1rat1on date of lease _t..'f_l-:3LJf:c:._..:S''-"'ltJ~""'e"'•""',...::?''F'~-O:!..----- Is apphcant(s ) or all officerlsl of the corporatiOn , Cit izen lsi or permanent res 1denthl of the Un1ted States o f America and Colorado? Is the a pplicant , o r any of the partners, or any of the off1cers . stockholders or d tr ectors o f said applicant (If 11 IIi a corporat1onl . or emplo yees o f any such , under the age o f twenty-one years?-----__ ·---___ Yes --------No ..:)(..:_ __ _ Ha s the applicant, o r any of the partners. or any o f the off1 cers, stockholders o r d~rec t ors of satd appltcant (If it 1S a corporattonl ever been con - v1cted of a cn me tn the State of Colorado or els ewhe•e? ------------Yes --------N o --''-'--- If so . state fu ll details ----------------- Has the applicant, or any of the partners, or any o ff1cer , d irector or stockholder of satd applicant (If n ts a corporation) ever · Yes No -'X.'-'-' __ (a) been den ied a ltcense under thiS liquor law? tb) had an a lc oholtc beverage license suspended pr revo ked ?------------------Yes -------N o _:l(c..;:_ __ _ If the answer IS yes , explam fully (attach separate sheet , tf needed) Does any brewcn { or wholesaler have a ftnanc •a l tnte rest. evtdenced e1ther by loans or equ1ty ownership 1n the bus1ness for wht ch thiS license 1S tequested ? li the a nswer is yes , nate names and addr&Sses and amount of such ftnanctal tnteren expressed etther tn dollars or o ther ttems of value , such as 1n ventory, furn iture, fixtures and equipmen t Yes No ----- -ltst t he names and addresses of all bustnesses In -;._.h,ch any o f the pe--;;ons 10 the prevtous quesuon are tnteresied • ustness ress Name ·11 Federa l Employers ldent•f•catton Number 1FEIN I •s pre-pnnted '"the above space , please check your records to see tf you have the same number If you have a dtfferent number , correct the one above so that tt corresponds wtth your re<:ord s If no n umber appears tn the above space , please fdltn w1th the FEIN you have on vour recon1s -------------=---------· • 0 I • - ( ( • • • • ------------------·-· County of StatfJ ot Narne J Joo f''it ent ------------ [",ttf' Of B1rth Mor,.h. O.tv Yttdt .. T ..,it\·"""'----------- c~f~l.1ry ----------- ~,l,llld•J I I ------------ D I R F.:C T OR'i (L•SI ..t!IIJ~re(.tO rs {ar IO<tSl J ntu •equ,ed ll'v L.t·.'V} NA M E HOME Sl REET N O CIT 'I DATE OF BIRTH II F:>t otll StOck h ohJo rs o wnmg or c.o n t rollrng .tny o i tiH.> tltPHotl \tOclc o f t he cOr po r,j /n)n fin~.; II.~~~~~~ l~ct ge~;; I Ust> SIJp .tr 11e sht, t •' nt•ort l"d I l'f.~CEI\IT OF D4.TF NA M ( H 0Ml S T REET N O & CI T Y ST OCK OWNl 0 ()F BIRTH \The fOIIOw•ng af f tddvot ft) l')e 'lo gr • r1 dl"' I l'(l.'ln lt>'IIJ""·I i>y U"ltJivtc:Jo~aiS .!till! f"IA• II •08tTII,Pr O f PIUit•t>FShlp$ llnl.i fly COtUOitli+Onl S T/\Tf Of C t..ll OflADO 11 <J. •• r1.tn•(t<1 or that no ts ~ -of the <lhOve •1 e mect cotoor a t on that Jte h.Js re.t\J the fureg ou"tg at Pl•~a110n and !hilt llf" ~o.nows I 't-onTtJfll\ t nereo1 and t hat a ll mat t Ns ,v,..:J th r•1gs rhe•<Hn S.Ot f orth are t rut-01 hts own~ OOAI••U!')I.! an•1 ne •IQrttes to -::on t onn to .lll rult>~ and •··ru -''•On\ "'"'''ul p a t~ b y t h e S tate Den:ul•nent o f A ~vc n uc rn co nnanonthe•t·w•th ,.. MIT'!·II<)t',l I ~'""'';:?"~' '"'~·~~"'~:_· __ ~J Off icer o f Co r po rat io n Sign here : fCORf'OAATE SEAL! ----------I-Cu-,-p,-,.-.,-.-N-.,-,.-.,----------- '\1v Con.nt.S!otOro f',q'h r es -,...1'-.-"o!!f-4/U d:_ ______ Bv ----- R EPOR T ANO A PPR O V AL O F L OCAL L ICE N SIN G AUTHORITY f"t' to rt:>g<?•"Q apolrc.a tron nat. t '"~n e •an onrd .. no •h• u•.rn r.cs, bus.nPu .ourhof.:tf:tJ and chord~tf'r ol Thiit apphc.o~rtt tlo• Sit! 1lac tory I .. lQ rPr•D• 1 tfll'lt r.uc n c.t·,s~ 1 .,,,., ,.,., ,,.,,, , ... , ''"• '''ason3b lt' ,,-.q<Jutomerru o f t h e n<:rQnhorhtlOd an•l th\' ~·"~' ot tt'l t> ·" f l..·latll \ anft C.O"'+D I •.-.; W1 ,., '"'• ornv•••on 0 1 A • t"u:le 4 6 T '~'"' 12 C R S 19 73, ,., ttrnP<n rled fNlJH.FOJt( TH IS. A.P I"L tC A TIOH IS Hi;R£H V A "IIIR 0\1£0 ATlOA1' _____ THIS __ -----(.IAVOF ·--------,A 0 19 ______ _ ~A~tOFTO~!J CITVO R COUN T V I ________________________________________________________ _ l M A VOR 0 ~ C HAIIH•1A N OF R O AAQ OF COU N TY COMM ISS!ONFFIS On QT H L R T !Tlt:. (JF L !C E ~SINO AUTHORil Y 1 AT I (51 ICLtRI\ OR '>£CAET Ahv OH OT H(R OFF IC £ R 1tA\/INli-rH"EQ-fii'CIAL5fAi O r T '1 L L!ClNSII\o(, AliT HuR , 1 'I' I r• ,,,,. 1 '""·kS tu u loc.atec.J o'lo'llh.n a tu • ..,n or ~~tv lhft dhO"*' :.upruvnl •hn\ottd htt rty11~u t1v the onavor an,r cleric rl '"a 1 'l..,nt\1', t h f'n llv t h u ch,'J,•man 1 '' .. I Oilf d of count\< conun rs!oiOnf'rr ,utrl 't'loa r led .. to I h ill nl'),lrd If Lv Ord ,na,ce or Othcrw !oft th(l ocaf lrc.un•rng authorrtv IS soone o t hPt oft !Cr.JI. ,,,,.,, 5 ,~r aorlr 0\1'111 \h OulcJ ne grve n by suc.h of l rt ,,., t NOTICE TO I NSURE THAT YOUR LIC ENS E IS ISSUED ON T IM E, IT IS IMPORTANT T HAT THI S DOCUMENT , WI TH YOUR ST ATE FEE REMITTANCE , BE AT THE COLORADO DEPARTMENT OF REVENUE , STATE CAPITOL ANNEX BUILDING , 1375 SHE RMAN STREET , DENVER , NO LATER THAN THIRTY 130) DAYS PRIOR TO THE EXPIRATION DATE OF YOU R LICE NSE . THIS DOCUMENT MUST BE IN THE HANDS OF THE LOCAL LICENSING AUTHORITY AT LEAST FOR T Y FIVE (45 ) DAYS PRIOR TO THE EXPIRATION OF THE liCENSE . -----------~---- I • • • TO: Ma ril yn Iron s Revenue Divi s ion FROI~: Captain Ron Fraz i er Investigations Divisi on DATE : May 15 , 1979 • • • SUBJECT: Liquo r License Annual Renewal Report for the Period May 15 , 19 78 throu g h May 15 , 1979 TH E SPORT BOWL 3295 South Br oad way Requests tor Po I ice Ass i s tance 16 Office r Initiated Reports 0 Vio l ations Aga in s t Li cense 0 • I • • - • • • • it of nglewood May 23, 1979 Honorabl Jame s L. Taylor Ma yor, City of Englewoo d 3400 South Ela t i Stre e t Englewood, CO 80110 • • • 3400 S Elat 1 SU : EngiC~W ")C J C .or .Jc '~ t '0 Phon€ (303 . 71>1 ·1 4· RE : Letter of De ember 19, 1978 from Jimmy Curnes Your Honor: The Animal Con t rol Commit tee has reviewed t he pro po s d bill for an ordinance relative to t he a d option o animals from th e City Animal Shelter. I t has been inc orporated in the entire p a~kage pro posal t o b pr sent ed at a later date. We reque st that no a ct i o n be taken b y t he Cit y Counc:l.l until ou r recomm ndations on t he entire o rdinan ce s are s ubm it ted to t he co u nc il. Sincerely, TI1ad Carson , Cha ir man Animal Control Comm itt (,o TC/lah c c: J i mm y E. Curnes And y Hc Cown Anima l Con trol Committe e Mem ber s • I • • • • • MINUTE S ANIMAL CONTROL COMMITTEE May 2 3 , 1979 A supplementary meeting of the Anima l Control Committee was held on Wednesday , May 23 , 1979, at 7:00 p .m . Al l members were present. Mrs . Hatt ie Ambrosier and Mrs. Charlotte Tidwell were guests. The minutes o f the last meet ing were approved with the correction of the word "dog" t o the word "cat" under DEFINITIONS: CATS (j). Dr. Stone subm itted two def initions for rabies. The committee voted to accept the following definition, which wi ll appear as (o) in th e d og deftni tions and as (m) in the cat definitions: "Rabies is a viral encephalitis, almo s t always fatal, that may affect any warm-blooded animal but is most common in carnivores and 'New ~orld bats. In the United States, foxes, skunks and raccoons are the major wild carnivore hosts, though domest ic dogs and cats remain the most important s ource of human exposure ." The committee then discussed the dog ordinances. See attached sheet for the results of that discussion . The next meeting will be held on Tuesday , May 29, at 7:00 p.m. The committee will begin d iscus sion on section 11-11-20. Meeting adjo urned at 9:30 p.m. Laura Ann Hinderaker, Secretary • • I • • - • • • 11-11 2: 0 INANCES GS RUNNI G AT LARGE PROHIBIT·[> (a) same (b) same • • • (c) Penalt y. Any owner or person found .;uilty of the ir dog violating any provision of this secti"n shall , upo n the first conviction, be subject to the payment of a fine of fifteen dollars ($15); upon the second and subsequent conviction shall be fined a s um no t less than tw e nt y-fiv~ dollars ($25) ror more tha n one hundred dollars ($100); an ~ upon the thi rd and subsequent convict io ns shall be fi n .d an amount not 1 ss than one hundred d ollars ($100) nor more than t hree hundred dollars t$300) or le subject to not more than ninety (90) days in jail, or oth. (d ) same 11-11-3: REMOVAL OF EXCRE}ffiNT; DAMAGE TO ~HRUBBERY PlANTS, ETC. (a) same (b) same 11-11-4: DOGS AT LARGE; IMPOUNDMENT ; NOTICE; DISPOSITION (a) same (b) s a me (c) same (d) same ( ) Thi s s ection has been moved to 11-11 -21. In it s pla ce will be the following: Do gs impounded and not reclaimed by the own er, purbu nt to subsection (a) hereof, may be releas d [or ad op ti o n afte r payment of a forty do llar $40) adopti on f ee by t he party adopting sa id animal. Fifteen dollars ($15) of the for y dollars ($40) adoption fee will be refund ~a upon pr e~en tati 0n o f proof that the dog ha s been neutered (spaye ) by a licensed veterinarian nd ha s eceived a urreut rabi" va cc ination . Neutering (spaying) and vaccina tion must be performed within thirty (30) days of adoption or by the time the dopt d animal attains slx (6) mon ths ot age . 11-11-5 . TAG; COLLAR same ll-ll-6: HAINTENANCE OF !!ORE THAN THREE DOGS 0 PREMISES; LICENSE REQUIRE}ffiNTS same I • • • • • Jl 11-7: HOBBY BREEDt.R'S LlCLNSt, APP ... LCt>ri011; O:ES .:ay 1, I •l7, Pct £. Thr• An application to maintai a rob by bre~.;der' s COJ: eration shall bP mad UFOn forms suppl·1ed by .l.t 1irector of Finance and shall contain a trJ ement ,:,t th< t e appli•·ant, tre addres~ and location of ~lw h l)by br£.·.-~er operation, togetht."r with the express onsent from a~joi:1i 'f ndown~rs or residents tha' they have no nbjec ion t. t 1 issuance ,:,f Sd d license , a'l.d such additional information "" rna · oe requir~d by the D1.te<: tiJr c )!l- eer ing the physical 'aciliti«~ and e H~?LlCnt, as Jn the judgment of "he Director vill en.<ble him ::· , ass Lpo ~he quali ica ions of the application and preml&cs. he application shall be accompanied by a payrncnL of a fee in the «ruc ... nt of twenty five dollars f$25). ll-11-8' LICF.NS~ ISSUANCE; RENEWAL (a) same (b) same (c) The hobby breeder's licens under the r'visJ.on« of thls ordinancQ shall expir· on t. e 31 day of n~c er e~ch year. Each l1cense sh 11 )e r · E>wed d"'r wg ' month of December each year. S ch dpplicationq for r ~newal shall be mad e to the Director, n writing, on forms pr:escribed b) the Director, shall contain such infonuat.!.o ~ as w1ll ""a'1le l•im to determine if the applicant is qualified t:o untiuuc: t • hold a license and shall be accompanied by a renewa: fee of fifteen dollars ($15). 11 -11-9: HOBBY BREEDER OPERAT IC (a) same 11-1:-10. RIGHT OF ENTRY; INSPECTIONS same 11-11-11: DENIAL, REVOCATIO OR SUSPE.SION OF LlCENS. s11:ne l -11-12: VACCINATION REQUIRED Dr. St one wlll check on age for rabies vaccination. (a) same (b) Howard Brown w1ll check on legal advice con ernlng this section. ll-11·13: RABIES SUSPECTS AND BITL•G DOGS y <'g '-' !ch is suspected of having rabie.,, or which has bitten a per~on "' oth r animal may be impounded either in the pound or uncle tl'u:-suo rvJsion of a licensed vcto>rin~nian, for observation. t.J fee .. <"cr such impou·1•Hng and observdtion shall be <barged to rl o mer f su h 1l 1 • • I • - • • • • • 11-11-13: RABIES SUSPECTS AND BITING DOGS (Can't.) (a) Any dog impounded under the p rovisions ' shall be pla ced i n a suitab e fac ility period of not less than ten (10) day s at owner. {b) Any dog impound ed under the provisions be destroyed upon determination that Sc with rabies. 11-11-14: RABIES SUSPECTS; DISPOSITION (a) Immediately destroyed upo n determina tion · n ll"er['~ veterinarian that the dog is rabid; or (b) sam 11-11-15: RECORDS; REPORTS same 11-ll-16: VICIOUS DOGS; GUARD OR ATTACK DOGS (a) It shall be unlawful for any person to ~ ·,p r, arbo. fierce or vicious dog. For the purpos ~ nf th1~ ~h pte . "fierce or viciou s dog" is hereby defin ~ a~ d<'"lan:d t a dog that , without provocation, bites or actacKs ht~a n beings or in a vicious and terrorizing " ner at t acks , approaches, in an apparent attitude of ta-k, a per~on the streets, sidewalks or any public gr n1d or p ac<? or any private property other t han the prenc ises o f tt.e 'lwnct possessor or ke e per o such dog , or a d og all r (b) (c) (d) (e) (f) (g) and bites or barks at hor s s, bicvcl s ridden or dr iven up on the streets, sid~ ground or place within the city. same same same same same same 11-11-17: BARK I NG DOG; HARBORI NG PROHIBITED No person shall keep o~ harbo· J dog which b; habitual barking, yelping , howling, or whinin annoyance to the neighborhood or to people pd the stre ts or sidewalks . • c1 J r f.: •. • .;l ·all c ans a in~ to and i-I • - CJ:-\J 1 It • • • • • • "' May 23, ~·7 Page i "' <; -~r· '>e di ·.:,lsse at next meeting. I • IIi ' ( • ORDINANCE NO . ~~ SERIES OF 1979 • • • BY AUT HORITY ~A . COUNCIL BI LL NO . 27 INTROD UCED BY COUNCILMAN WIL LIAMS AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON , COLORADO, THE LITTLETON FIRE PROTE CT I ON DISTRICT AND CASTLE WOOD FIRE PROTECTION DISTRICT FOR THE PURCHASE OF AN INTEREST BY CA STLEW OOD FIRE PROTECTION DISTRICT IN THE JOINT FIRE TRA INI NG FAC ILITY . WHEREAS, the cities of Littleton and Englewood, Colorado , and Littleton Fire Protection District now own and operate a joi nt f ire train ing facility; and WHEREAS, Castlewood Fire Protec tion District is desirous of purcha sing an interes t in said joint fi re tr aining facility . NOW, THERE FO RE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D , COLORA DO, as follows: Section 1. That the City of Englewood, Colorado, shall ente r into a cont ract with the City of Littleton, Littl e ton Fire Protection District and Castlewood Fire Protection District according to the provisions of that c ertai n Agreement , consist i n g of eight (8) typewritten page s, dated 1979 , a copy of which is attached hereto and mad e a part hereof . Said i nstr um e nt ge nerally provides as f ollows : 1) Th at Castle wood Fire Prote c tion District desi r e s to become associated with and purchase a one-third (1/3) interest in the existing property and improvements of the fire training facility , and it is mutually intended that Castlewood be allowed to pu rchase a one-th ird (1 /3) interest in the fou r-(4) acre parcel of lan d ; 2) That the purchase price to Ca stl ewood to b e paid to the Treasurer of the City of Littleton on b ehalf o f the Adminis trative Commit t ee which ope rate s the facility the sum of Ninety -two Thousand Dollars ($92 ,000), Eighty Th ousand Do llars ($80,000) upon execution of the Agreement , Twelve Thousand Dollar s ($12 ,000) within one year from the execution of the Agreement; 3) That the parties shall , from time to time , mutually ag r ee to the construction of some improvements and shall mutuall y designate an architect to design said improvements; • I • • • • • 4) That the parties cont emplate the mutual approval of all plans and specifications fo r the joint training facility through the commit tee already e stabl ished and that the awarding of a ny bid to a general con trac t or shall b e jointl y approv ed by a ll parties to the agreement; 5) That the facility is to be operated b y a p e rman e nt commi ttee known as Joint Training Facility Committ ee , consisting of six (6) members, two (2) of whom are to appointed by the City Manager of the City of Englewood, two (2) to b e appointed by the Bo ard of Directors of Castlewood, one (1) to be appointed by the City Manager of Li ttleton, and one (1) to be appointed by the Board of Directors of Lit tleton Fire Prote c tion District. The purpose of the Committee is to provide administrative direction for all operations of the facility, including con struction of imp rovements; 6) That the use of the facilit y shall be limited to the parties hereto and to the parties that the Commi ttee ma y authori ze, i.e., bona fid e fire departme nts, law enforcement agencie s, rescue and other emergen c y units; 7) That the Agreement shall only be terminated o r amended with the approval of all the parties hereto . Section 2. Th at the City Council of the City of Englewood , Colorado, hereby authorizes the Mayor of the City of En g lewood , Colorado, to s ubs c ribe his name to said Agreement and to execute all proper deeds and instruments nec es sary to effectuate the purposes of the Agreeme nt on behalf of City Council of the City of Englewood, Co lorado, and that the Director of Finance, ex officio City Clerk - Treasurer, shall attest the same. Introduced, read in full and passed on first reading on the 21st day of May, 1979. Published as a Bill for an Ordinance on the23rd day of May, 1979. Read by title and passed on final reading on the 4th day of June , 19 79. Published by title as Ordinance No. ____ ~,S eries of 1979, on the day of J un e , 1979. Atte st : e x officio City Clerk-Treasurer -2- Ma yor I • • • • • • • I, William D. James , do hereby certify that the above and foregoing is a true, accurate and complete c opy of the Ordinance passed on final r e ading and published by title as Ordinan ce No . , S e ries of 197 9. ex officio Ci t y Clerk-Treasurer I • - • e / )' I -~. ·~ ... • • • • • AGRECME'IT THIS AGREEMENT, mad e and entered into this day of -----------------------• 1979, by and between the City of Littleton, Colorado (hereinafter "Lit tle ton"), a municipal corpora t i on of the State of Colorado; the City o f Englewood, Colorado (he rein- after "Englewood"), a municipal corporation of the State of Colorado ; the Littleton Fire Protection District (h ereinafter "Littleton District"), a fi re protection district organized pursuant to the laws of the State of Col orado ; and the Castlewood Fire Protection District (h ereinafter "C astlewood"), a fire prot ect ion district organized pursuant to the laws of the State of Colorado, WITNESSETij: WHEREAS, both Littleton and Englewood are Home Rule Citiea operating under Charters pursuant to Article XX of the Constitu- tion of the State of Colorado; and, WHEREAS, Littleton, Englewood , and the Littleton District, by a prior agreement dated August 18, 1975, established and conatructed a joint fire training facility, which property ia now under the joint con trol of said thr ee part i es ; and, WHEREAS, it is deemed by the parties to this Agreemen t to be in their beat interesta f or Castlewood to purchase an interest in and participate in the joint c ontrol of such joint fire training facility; and, WHEP£AS, i t is agreed that the parties he r eto other than Castlewood have previously expended sums in the approximate amount o f $184,000 .00 for construction and improve~ents at said faci l ity; and, ~~E RLAS, the parties hereto have agreed to construct futur e improvements to the facility and to operate the same on the terms and provisions h~reinafter set forth ; an d. lmEREAS, it is the intention of the parties hereto that none shall be a c ustomer of the others, but rather this faciiity and • I • • • '' ' '• ~· ''· ... , . .,.., r ~·· t,l ·~ (~d .·.I I.~· 1~' /- ~· -,' ·c I • • • • • all future improvements ~1tall be constructed and o perated with construction co s ts, costs of add itions, and costs of operation and maintenance being divided among them in a fair and equitable man ner as set forth hereinaft er with greate r specificity; and. WHE REAS, this Agre eme nt is made to further t he purposes of the public he a l t h, safety and welfare of the citizens of Littleton, Englewood, and the Littleton Di stri ct, and Cast lewood, NOW, TH EREFORE, IT IS MUT UALLY C OVE:JAi~TE D AND AGREF;D AS FOLLO\~S : I. FACI LITI ES A. The joint faciliti e s shall hereafter be known as the Englewood-Little ton-Cast lewood Fire Training Center, and are l ocate d on a four (4) a cre parcel of land divided into two tracts , Lit tleton and Englewood each owning ao undivided one-half (\) interest therein, aaid parcel aitu- ata in the City of Englewood, County of Arapahoe, State of Colorado, and described as follows : Commen c ing at the SW corner of Section 9, Township S south , Range 68 West of the 6th P .~1., ther1ce north 0" 03' 04" east along the West line of said Section 9 for a distance of 594 feet , thence north 89" 48' 50" east p ar allel with the sou t h line of said Section 9 for a d is tance of 565 .9 feet, thence north o• 03'04" east parallel with the west line o f s aid Section 9, for a distance of 923 .17 feet to the true point of be ginning; said course being contiguoua to the west line of 20 foot road dedicated in Book 234 Page 36 Arapahoe County records , thence no rth o• 03' 04 .. east 283.43 f eet, thence north 27" 0 7' 45" east 238 .2 feet, thenc e north o· 14' 50" west 266 .41 feet, thence south 12" 55' 19" west 53 .39 fe et along proposed c hann e l for Big Dry Creek , thence north 77" 04' 41" we s t 150 .0 feet, along the sou th l ine of said Big Dry Creek Chann el , thence s outh 12" 55' 19" west 347 .80 feet, al ong east line of the propos ed Platte River Channel, thence along a curve to the right for a distance of 43 3 .20 feet, said curve having a Ce ntral angle of 15" 29' 23", a radius of 1602.4 feet and a chord of '•31 . 88 feet, thence south 89" 56' 56" for a dist a nc e of 280 .62 f e e t, t o the point of be ginning . Cont aini ng 3 .320 acres of land . Comm encing at t ~·ie SW corn er of Sect ion 9, t own s hip 5 south, Rang e 68 West of the 6th P .~., thence north 0" 03' 04 " east al ong the west line of said Section 9 for a distance of 594 feet, then c e north 89" 4S' 58" east parallel with the s outh line of said Se ct ion 9 for a distanc e of 56 5 .9 fe et, then c e nor th o· 03' 04" ea st (2) • I • • ' 'I / I • • • • parall el wi th the we st line of s aid Section 9 for a distance of 1206 .6 feet, said cou r se being contiguous to the west line of 20 feet road ded icated in Book 234 Pa ge 36 Arapaho e County records, thence north 27 " 07 ' 45" east 233 .2 feet, thence north o• 14' 50" we s c 31~.28 feet to the true point of beginn i ng, t hence north o· 14' 50" west 293 .72 feet, thence 89" 56' 56" west 75 .03 fee t , thence s outhwe s terly alan• east line of the proposed South Platte Rive r Channel on a curve to the right for a d it t a nce of 29 .31 feet, said curve having a central angle of 3" 47' 32", a radius of 442.84 feet and a chord of 29 .30 fee t, thence south 12" 55' 19" west along said ea at line o f river channel for a distance of 240 .0 feet, thence south 77" 04' 41" east along north line of propos ed Big Dry Creek Ch annel for a distance of 139 .09 feec to the point of beginning . Containi ng 29 ,624 .67 square fe•t or 0 .680 acres o f land , also known as numbered as 2301 West Che nango Avenue, Littleton, Colorado 80120. B. En g lewood and Li ttleton agree that they wi ll mak e auch conveyances as shall result in the title to t he above- described real property being in the names of Englewood , Littleton , and Castlewood, each having an undivided one - thir d (1/3) inte rest , whi ch property is to be hel d by said three part i ea for perpetual us e as a training facility . C. Said property shall be under the joint control of Littleton, Englewood , the Littleton District, and Ca st le- wood, and t he use shall not be changed wi thout the consent of all partiea to this Agreement. Should t he facility cease to function as a training center for fire prevention and protection, the Ci ty Co uncils of Englewoo d and Li tt leton and the Bo~rda of Directors of the Littleton District and Ca stlewood shall thereafter be free to dispos e of the s t ructure s and real property as they shall see fit . II . CA STLEIVO OD PURCHASE PRI CE Castlewood shall pay to the treasurer of the Ci ty of Littleton on behalf of the comm ittee the sum o f ninety -two thousand ($92 ,000 .00) dollars, in consideration of t he intere st in the property to be conveyed and the rights t o the facility herein. acqui r ed, >~hich s um shall be paya ble as follow s : F.ighty Thousand ($80,000.00) immediately upon execution of this Agr eement , and (3) '· --- "' ~":· .. · 1\ '• I ' '/·i~ ....... ' h~· .l l ' I ( i•'·'.•:.~:j ···' I • l ·i • ~I -,.. 11 :'. " • • • • Twelve Thousand ($12 ,000 .00) within one year fr om the date of execution her eof . III. CONSTRU CTION OF F UT URE IMPROVEMENT S A . . The parti e s hereto sha ll, from time t o time, mutually d esig nate an architect to design imp rovements to the fire training fac i li ty utilizing the assistance of recommendations by the Joint Training Facility Committee. B. The sum paid by Ca stlewood shall be deposited in a special ac c ount known as t he District-Englewood-Littleton ac c ount at the Littleton National Bank. Disbursements from said account shall be ma de i n accordance with this Agreement by the signatures of the Treasurer and City Manager of Lit t leton and an annual audit of this a ccount shall be made as part of Litt leton 's annual audit . C . After the preparation of the final plans and specifications for any improvements to said facility, and after approval of the same by the Fire Chiefs of Englewood, Littleton, and Castlewood, and the Joint Training Facility r.ommitt .. , the architect shall submit said plans and speci- fications to bid under procedures requi red for public projects . D. The award of any bid to a general contractor shall be after the joint approval of all parties to this Agreement . E . After the award of the bid to a general contractor, as provided in Paragraph D above, it ia agreed that the first $92,000 .00 in costs for any improvements shall be paid from the s um paid by Castlewood under Paragraph II hereof , and from any s ums held for the Committee for purp os es of cons truction . It is further agreed that any e x cess of cost over said sum s for the design and c onstruction of any improvements s hall be paid for b y t he parties on the following pro rata basis : Engl ewood Castlewood Littleton Littleton Dis trict (4) 33 l/37. 33 1/37. 16 2/37. 16 2/37. I • • - ~. . . I .., ,I l ) I • • • • • F . No future improveme nts shall be: underta~en on the above-described pro perty without the joint authorizat ion of all parties hereto. lV OPERATION OF FACILITY A. A perma ne nt committee to be known as the Joint Training Facility Co mm ittee (her einafter "Committee"). is here by establi s hed . The committee shall be composed o f six (6) people, two (2) shall be appoint ed by the City Manager of Englewood, two (2) s hall be appointed by the Board of Directors of Castlewoo d, o~e (l) shall be a~p oin t e d by the City ~lan ag er of Little ton , and on" (1) shall be appointed by the Board of Dire ctors of the Littleton District . All of said appointments shall be made within thirty (30) daya from the date of this Agr eem ent and written noti c e of said appointments shall be given by ea ch party to all other parties h"reto . B. The purpose of the Committee shall be to provide adminiatrative dir ection for all operations of the joint training facility and attendant matters, including construe- t i on of improvements . r . Decis ions of the Committee shall be made by a majority vote . In the event that a maj ority vote cannot be arrived at on any matters within the scope of their authority, then, and in that event, a seventh member of the Committee shal l be ap pointed for the purpose of reach ing a determination of that issue only. The seventh me mber shall be an i nd ividual »i10 s e identity is agreed upon by all of the parties hereto, o r, i n the absenc e of such a g reement, the s eventh mem b er sh al l be appoint ed by the pr e si ding Judg e of the Eighteenth Judicial District of th e State of Colorado, and as seventh me mber so appointed shal l be one "'•ho i s ex p erienced i n the field of fire pr evention and fir e fi gh ting techni ques . (5 ) • .. 11 t l ,I: 1· • .. ,i ' . .. ... '\ \•,., I • • ... - I r I ,. ~ 0 • • • • • • D. All appointees made under Paragraph A above, s hall s e rv e at the p l e as ur e of the a ppointin g authority a nd any va c a n cy ocC urring on s a i d Conwitt ee f or a ny reason s h a ll be f ill e d with i n thirty (3 0) days by s aid appoi n tin g au thor ity wi th no tice of s a i d n ew ap poin tmen t b e ing given as r e qu i red above . E . The Comm ittee may adopt such rules of procedure t hat they deem ad v i s able . F . The Co mmi ttee s hall e s tablish all necessary rules and r egulat ions c once r ning the op eration and use of said training f a cility . G. The Co mmi t te e s hall e stab l ish a rental schedule for use of t he t ra in i ng fa cili ty by o u tside parties . H. The Co mmit tee, on or before June 1st of each year, shall prepare and s ubmi t a budg et for the operat i on and maintenance of the train ing fa c il ity for t h e foll owi ng year t o each of the par t ies her e to , an am o unt totaling the full amount of said b udg et shal l be d epos ited in the account aet forth und er Paragra ph II B above on t he following pro ra t a basia on or b efore Janu r a ty 15th of the following y ear, t o wi t : e n g lewood Castlewood Li ttleton Littl e ton Distric t 3 3 1/31 33 l/31 16 2/3'!. 1 6 2 /3'!. P a ,~ents from said a ccount shall be made by the signature of t he Li t t l eton Tr ea s urer and City !·tanager and al l p aym en t s shall b e in a ccordance with the approved bud g e t . I . Any suppleme nt a l appropriation to the app roved budget s hall be jotntly approved and pa id in accordance with Paragraph H ab ove . J. Normal operation and mai n tenan ce costs s h al l include those utility costs incidenta l to the ope ra tion o f said fac i lity, together with that insuranc e necessary to adequately cover said fa cility. (6) \ tc.i . , ·. .. ~ ···\··~···: .... "\· . I .• ,, .J ., ,..,. ,. ~, .... ~: .. . ·~.. ..,. .... . "1: I • • Ill ' .... ; ' • • • V. USE OF fACILITIES A. The use of the training facilities shall be limited .to the parties h e reto and shall, at the pleasure of the Commi ttee, be made available fo r other recog nized bona fide fire departments, l aw enforcemen t ag encies, rescue and other emer gency units. Rental of said facilities to other agencies shall be at a rate determined by the Committee and provided for in Paragr aph IV G above . Those rentals received for use for said fa cil ities sha ll be deposited in the account established under I II B above and credited to the parties to this Agr eeme nt as follows : En glewood Castlewood Littleton Littleton District )) 1 /3'!. 33 l/37. 16 2/37. 16 2/34 B. Should the training facility be damaged or destroye d while used by any party to th is Ag reement or other renting a gency and as a result of said use, it s hall be tha responsibility of that agen cy to pay for any and all d am a g ea done to these fac ilitie s should said damag e not be covered by any insurance . C. Uo party to thia Agreemen t shall assign any rights hereunder without the consent of the other parties . All of the terms and provisions hereof shall be bind ing upon and inure to the benefit of the.pa rti e s hereto, their successors and a'5igns . VI . T!':RHINATIO N .~ This Agreement may only be terminated or amended up o n ~ J • the joint approva l of all the partie s hereto . EXECUTED IN Arapaho e County, Colorado, this-------day of -------· 1 97 9 . ATTEST: C1ty Clerk A0 PROVCD AS TO F!\0:1 : rTTY ATIOP 'II:Y CI TY Of LITTLETON By •p~r~e~s~,-a~e~n~t~o~f~C~t~t~y~c~o~u~n~c~t~l---- (7) • IJ ... r ~r . )·~+ ~ ,. I ~- ,, I. I • • ATTEST : l:l.t y Cler~ AP PROVED AS TO FROM: l:1.ty Attorney ATTE ST : I S"e cretary APPROVED AS TO FROM : ' ,A Attorney •\·' ATTEST . ~ ... ·~ 1 ·' ~ . . '· ... I . ·', 'j( I . tf ~ ; I t Gerald L . Me yer , Se cr etary APPROVED AS TO FR OM : # Attorney . j \;;'· j . ( I • • • • CITY OF ENGLEWOOD By Macr~y~o~r~------------------- LITTLETON FIRE PROTECTION DISTR ICT ByKP-re~s~r~a~e-n~t---------------- CA STLE WOOD FI RE PROTECT I ON DISTRICT B y~--~---r--------~-----Martin D. Ba um , Preal.dent (8) • ,. " I ·~. • • .. ,, ·• . - 0 ( • ORDINANCE NO. ~ 3 SER IES OF 19 79 • • • BY AU THORITY COUNCIL BI LL NO. 2 7 INTRODUCED BY COU NCILMAN WILLIAMS AN ORDINANCE APPROVING AN AGR EEMENT BETWEEN THE CITIES OF ENGLEW OOD AND LITTLETON, COLORADO, THE LITTLETON FIRE PROTECTION DISTRICT AND CASTLEWOOD FIRE PROTECTION DISTRI CT FOR THE PURCHASE OF AN I NTEREST BY CASTLEWOOD FIRE PROTECTIO N DISTRICT IN THE JO INT F IRE TRAININ G FAC ILITY. WHEREAS, the cities of Lit t leton a n d Englewood, Colorado , and Littleton Fire Protection District now own and operate a joint f ire training facilit y; and WHEREAS, Castlewood Fire Protection Distric t is desiro us of purchasing an in terest in said joint fire training facilit y . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAD O , as follows: Section 1. That the City of Englewood, Colorado, shall enter into a contract with the City of Littleton, Littleton Fire Prote ct ion District and Castlewood Fire Protection District according to the provisions of that certain Agreement, consisting of eight (8) typewritten pages, dated 1979, a copy of which is attached hereto and made a part hereof. Said instrument gen erally provides as follows: 1) T hat Cas t l ewood Fire Prote c tion Distr~ct desires to become associate d with and purcha se a one-thi rd (1/3) inte rest in the existing property and improvemen ts of the fire tra ining f a cility , and it is mutually intended that Castlewood be allowed to purchase a o ne-third (1/3) interest in the four-(4) acre parc el of land; 2) That the purchase price to Castl ewood to be paid to the Treasu rer of the City of Littleton on behalf of the Administr ative Committee which operates the fa cility the s um of Ninety-two Thousand Do l lars ($92 ,0 00), Eighty Thou sand Do ll ar s ($80,000) u p o n execution of the Agr eement, Twelve Thousand Dollars ($12 ,000) wi thi n one year from the exec ution of the Agreement; 3) That the parties shall, from time to time, mutually agree to the cons truction of some improvements and shall mutually designate an arch itect to design said imp rovements; • I • - • ( • • • • 4) That the parties contemplate the mutual approval o f all plan s and s pecif i c at1ons for the joint tra i n 1ng facil1ty thro ug h the commit tee al ready established and that t he aw arding of any bid to a ge neral contra ctor shal l be jo intly app r o ved by all parties to the agreement; 5) Tha t t h e f aci l ity is to b e o p erated b y a per manen t committee known as Joint Training Facility Comm itt e e, consisting of six (6) members, two (2) of whom are to appointed by the City Manager of the Cit y of Eng l ewood, two (2) to be appointed by the Board of Directors of Castlewood, one (1) to be appointed by the City Manager of Li t tleton, and one (1) to be appointed b y the Board of Directors of Littleton Fire Pro t ec tion District. The purpose of the Committee is to provide administrative dire c t ion for all operations of the facility, including construction o f improvements; 6) That the use of t he facility shall be limited t o the part ies hereto and to t he parties that the Committee ma y a uthorize, i.e., bona fide fire departmen ts, law enforcement agencies, rescue and oth e r e mergency units; 7) That the Agree ment shall only be termi nated or amended with the approv al of all the parties hereto. Section 2. That the City Coun cil o f the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said Agreeme nt and to execute all pro pe r deeds and instruments necessary to effectuate the purposes of the Agreement on behalf of City Coun c il of the City of Englewood, Colorado, and that the Director of Finance, ex officio City Clerk- Treasurer, shall attest the s ame. Int r oduced, read i n f ull and pas s ed on f j .rst re a ding on the 21st day of May, 1979 . Publis hed as a Bill for an Ordinance on the23rd da y of May, 1979. Re ad by tit le and pass e d on final reading on t he 4th day of June, 1979. Published by title as Ordinance No.~~ ,Series of 1979, on the {pth day of June, 1979. At test: ex officio City Clerk-Treasurer -2- Ma yor • I • • - • ( • • • • I , Wi ll iam D . Jame s , do he reby certi fy that t he abo ve and foreg o ing i s a true, a ccurate and comp lete c opy of the Ordinance pa s sed on f inal r e a ding a n d published by t i tle as Or dina n c e No . , Seri es of 197 9. ex officio City Clerk-Treasurer • I • - )' I ~ .. ,, ( • • • • • AGRE CML ~T THIS AGREEMENT, mad e and e ntered into thi s day of -----------------------· 1979, b y and between the City of Littleton, Colorado (hereinafter "Little t on"), a municipa l corp orat i on of the State of Colorado; the City of Englewood , Colorado (herein- after "Englewood"), a municipal corporation of the State of Colorado ; the Lit t leton Fire Protection District (hereinafter "Littleton District"), a fire protection district organized purauan t t o the laws of the Sta te o f Col o rado ; and the Castlewood Fire Pr otection District (hereinafter "Castlewood"), a fire pro t ection district organized pursuant t o the laws of the State of Colorado, WITNESSETH: WHEREAS, both Littleton and En glewood are Home Rule Cit iea operating under Charters pursuant to Article XX of the Conatitu- tion of the State of Colorado ; and, WHEREAS, Lit tleton, Englewood, and the Littleton District, by a prior agreement dated August 18, 1975, established and conatructed a joint fire training facility, which property ia nov under the joint control of said three parties ; and, WHEREAS, it is deemed by the parties to this Agreement to be in t heir best interesta for Castlewood to purchase an interest in and participate in the joint c ontrol of such joint fire training fa c ility; and, WHEREA S , it is agre e d that the parties hereto other than Castlewood have previo us ly exp e nded sums in the approximate amount of $184,00 0 .00 for construction and improve~ents at said facility; and, V1ERCAS , the parties hereto h a v e agreed to c on struc t futur e improvement s to the facility and to oper ate the same on the terms and p rov isions hereinafter set forth; a nd , lmEREA S , it is the intention of the par ties hereto that none shal l be a cu stomer of the others, b u t rather this facili ty and • •• ,'' ~- J.;, ~~, .. ! ....... I • - ( \ I I } / •· ';I ':. ·~ !; -'' ! \ ~\- . " • I • • • • • all future i mprovements ~•1all be constructed and oper ated with construction co sts. costs of additions. a nd costs of operation and ma i ntenan ~ being divided among them in a fair and equ itab le ma n ~r a s s e t forth hereinafter with greater specificity; and, WHE REAS , this Agreement is made to further t h e purposes of the public he alth, safety and welfare of t h e citizens of Littleton, Englewo od, and the Littleton District, and Castlewoo d , NOW, THEREFORE, IT IS MUTUAL LY COIIE:JAii TED A.."lD AGRE ED AS FO LLOIIS : I. FACI LITI ES A. The jo int facilit ies shall her ea ft er be kn own aa the Englewood-Litt leton-Cas tlewood Fire Training Center, and are locate d on a four (4) a cre parcel of land divided into two tracts, L it tleton and En g lewood each owning an undivided one-half (\) interest therein , said parcel aitu- ata in the City of Englewood, County of Arapahoe, State of Colorado, and described as follows : Comme nc ing at the SW corner of Section 9 , Township S south, Range 68 West of the 6th P .M., t hedce north o• 03' 04" east along the West line of said Section 9 f or a distance o f 594 feet, thence north 89" 48' 58 " east p ar allel with the sou t h lin e of said Section 9 for a distance of 565 .9 feet , thence north o· 03 '04" east parallel with the west line of s aid Section 9, for a distance of 923 .17 feet to the true point of beginning ; said cour se being contiguoua to the west line of 20 foo t road dedicated in Book 234 Page 36 Arapaho e County records, thence north o• 03' 04" east 283 .43 fe et , thence north 27 • 0 7 ' 45" east 238 .2 feat , then ce north o· 14. 50" west 266.41 feet. thence sou th 12" 55' 19" west 53 .39 feet along proposed channel fo r Big Dry Creek , thenc e n orth 77 • 04' 41" wes t 1 50 .0 f eet , along the sou th l i ne of said Big Dry Creek Chann el, thence south 12 " 55' 19" west 347 .80 feet, along e as t l ine of the propos ed Platte River Channel, t hence along a curve to the right for a d istance of 4 33 .20 f eet , said curve having a Ce ntral angle of 15" 29' 2Y', a radi us of 1602.4 fee t and a chord of 431 .88 fe e t, thenc e s outh 89" 56 ' 56" for a dist a nc e of 280.62 feet, t o the point o f beginning . Cont a ining 3 .320 acres of land. Commencing at th.e SW corner of Section 9 , township 5 south, Range 68 West of th e 6th P .~., thenc e north o• 03' 04 " e ast along the west line of said Section 9 for a distan c e of 594 f eet , thence north 89" 49' 58" eaet parallel wi th the south line of said Sec t ion 9 for a dl stance of 565. 9 feet, thence north o• 03' 04" east (2) • I • ( I ) I ( •· • • • • • paralle l with the west line of said Section 9 f or a distance of 1206 .6 feet, said course being contt r,uous to the west line of 20 fe et road dedicated in Book 23 4 Pag e 36 Arapahoe Co un ty reco rds, thenc e north 27 ' 07' 45" "ast 23 3 .2 feet, t hence north o• 14' 50" wes t 31~ 28 feet to the true point of b"ginning , t hence n orth o· 14' 50" wes t 29 3 .72 feet, thence 89 ' 56 ' 56" west 75 .03 fee t, thence southwesterly alonr, east line of the proposed South Pl atte Ri ver Channel on a c u rve to the right for a distance of 29 .31 feet, said curv e having a cent ral angle of 3• 47' 32''. a radius of 442 .84 feet and a chord o f 29 .30 feet, then c e south 12 ' 55' 19 " west along said east line of river channel for a distance of 240 .0 feet, thence south 77' 04' 4 1" east a long nor t h line of proposed Big Dry Creek Channel for a distance of 139 .09 feet to the point of be gi nning . Containing 29,624 .67 square fe~t or 0 .680 acres of land, also known as n um bered as 2301 West Che nango Avenue, Littleton, Colorado 80120 . B. Englewood and Littleton agree that they will make ouch conveya n c es as sha ll r esult in the t itle to the above- described real property being in the names of Englewood, Littleton, and Castlewood, each having an undivided one- third (1/3) interest, which property is to be held by said three partieo for perpetual us e as a training facility. C. Said property shall be under the joint control of Littleton, Englewood, the L i ttleton District, and Castle- wood, and the use shall not be changed without the consent of all par tieo to this Agreement . Shou ld the facility cease to function as a training center for fire prevention and protection, the City Council s of Engle,.ood and Littleton and the Bo~rds of Directors of the Littleton District and Castlewood shall ther eafter be free to dispos e of the structures and r e al property a s they shall see fit . II . CAS TLE\<000 PURCHASE PRIC E Castlewoo d sha ll pay to the treasurer of the City of Littleton on behalf of the committee the sum of ninety-two thousand ($9 2,000 .00) dollars, in consideration of the interest in the property to be conveyed and the rights to the facility here i n ac quired, which sum shal l be payable as follows : F.igbty Thou&and ($80,000 .00) immediately u pon execution of this Ag reement , and (3) • '· '\···· ',. '~?f . . ~ . I . . ' ) I ·~· I :·.It • .,, . ·~·. ' .\ll ~-\;I ''-II ' f I·~ \I I ·~ • ~··,,, • ' I t~~~./. '. . '"' '( .l f ' ~~-~ ~·. ~ .. 4\ :• \ .. ,';:;'4 ... , ..... h,· .~r··, ... · . . , ··t {•' ·:~; .. {$ ,. I • ( / '•. l ·i ( • • • • Tw el v~ Th us•~d ($1£,v00 0) : 1•~1~ un~ yeBr fro~ the daL e of ~x e cution hP.reof. II I CO~lST1l.UCTI .l (jf FliT! F.E I.!l'ROVE'ILI'lTS A The pdrtlCS he PfO ~la ll. fro~ time u t~me. mu ually de sign.1re an architrt"~ tr dcsir_n o.proveme n ts to the fire cra1n11g facility lltilizlng, Lhe ass1.stance of r e comn en da lOns by the Jo1nt Training F ac 1l i y Co~ittee . B. The su pai d by Ca st lewoo d s hal b e depos1ted in a special dCCou~t n Wll as th e District-Englewood-Lit leton ac count at the Littlet on Nati onal Bank. Dis urseme nts from slid account shu 1 be maCe in ac cord ance with t is Agreement by the signatures of the Treasur er and City ~1a nager of Lit t leton and an annual audit of this account shall b~ ma de as part of Li ttleton's annual audit . C. After the preparation of t he fi nal plans and spec i fic ations for any I mpro v e me nts t o said f acili ty , and after appro val o f th~ s ame by the Fire Chiefs of En glewo od, Lit tl e ton , and Ca stlewood , a n d th~ Joint Tra ining Fa cility Cnmm it t ee , the architect shall s ub~!t said plans and speci- fic ation s to b i d und er procedures requir ed f or public projecto . D. The &Yard of any bid to a general contractor shall be after the join t a pproval of a ll parties to this Ae re ement . E . Af te r th ~ aw ard of t he bid t o a gene r al contractor, as prov i ded in Pa ragraph D abov ~. it is agreed that t he first $92 ,000 .00 in co s ts for a ny i mprov em ents s hal l be pa id from the s um pa id by Castlewood under P ar agraph ll hereof, and fr om any s ums held for the Co~ittee for purpo ses of cons tr uction. It i s further ag reed that any e xc ess of cost ove r s ai d sums fo r the design and construction of any i mprovements shall be paid for by the parties on the following pro rata basis E~r.lewood rastl~wood Li tletcn ~..LttlffO i~t1ict 1 (I,) 33 1 / J7. 33 1/37. l& 2/37. I 2/3'%. • ,· \ c4 ' ~, 1: .•. ..... .. , ,. .. ,-.·.~·· F· . '· : l : • l ., . ; ft .J~\'"' .. ·.,~ ~ ... 1· ,, i~ ~ I • • ( '>'. .,.. ) I ( • I ·I ' I l I ..... l ' . t • • • F . No futu re imp rovements shall be undertaken on che abovc-dcscr~bed property withou t the jo1nt duthorization of a ll part te s h e r eto . IV OPERA TION OF FACI LITY A . A p erman e nt c omm i ttee to be known a s the Joint Tr ain i ng Fa cd i ty CommitLee (hereinafter "Colllllli ttee"), is hereby est ab lished . The committee shall be compo s ed of six (6) p eop le, ~o (2) shall be appointed by the City Manage r of Englewood, ~o (2) s h al l be appointed by the Board o f Directors of Castlewoo d , o ~e (1) sha ll be a/poin t ed by the Ci t y ~a n ag er of Littleton, and on" (1) sha ll be appoin ted by the Board of Di rectors of the Littleton Distric t. All of said a ppointments shall be made within thirty (30) days fr om t h e date of this Agr e emen t and wri t t en notice o f s aid app ointments shall b e given by ea ch party to all other pa rties h"re t o . B. Th e p urpos e o f the Commi t te e shall b e to provide administrativ e direction for all operations of the joint tra in ing fa cil ity and attendan t matters, including con strue- tion of improve ments . r . Dec isions o f the Commi t te e s h a ll be mad e by a majority vote . In the event that a maj ori ty v o t e cannot be a rr i v ed at on any matters within the scope o f the i r authori ty , t hen, and in that event, a seve nth memb e r of the Commit t e e sha ll be appointed for the pu rpos e of reaching a d e termina tion of that issue only. The seventh mem ber shall be an individua l •~•ose identity is agre e d upon by all of the parties hereto, or, in the absence o f such agreement, the s eventh member shall be a p po i n t ed by the p res i d ing Judge of t he Ei gh teenth Judicial District o f the State of Co lorado, and as seventh mem ber so appoin ed shall b~ on e who i s ex perienced in the f i e ld of fire prevention and fir e f ight ing t echniques . (5 1 • .. ....... . ., A ¥. ' I . ... 1 ·1· I I ,· .. ... ', .. . I .\•tl .< , . ... I • • - I J I / . ' • -~ ( • • • • D. All appo.ntP es made unJe r Pa ragraph A above, shall s erve at t he ple 1sure o( t he appoint i ng a u tho rity and any vacancy occurring on sa1d Committee for any reason sha 1 be filled ltl in thi rty (30) days by said ap pointing author1t y wi th not ice o f said n~~ appoint nt be1ng gi v en as required above . E . The Commit tee may adopt such rules of proc e dure t hat they deem adv i s able . F . The Committee shall e stablish all necessary ru les and regula t ions concern ing the op e r ation and use of s a id training facil1ty. G. The Comm i ttee s hall establish a rent a l schedule f or uae of the train i n g fa cility by outside par ties . H. The Committee, on or before Jun e lst of eac h yea r, sha ll prepare and submit a budget for the operation and maintenanc e of the training faci lity for t he followin g year to each of t h e par t ies h eret o, an am oun t totaling the full amount o f said b udget s hall be dep os i te d in the ac count set forth un der Parag aph II B abov e on the f o llowing pro rata basia on or be fo r e Januraty 15th o f the following year , to wit : Englewood Castlewood Littl eton Li ttleton District 33 l/37. 33 l/37. 16 2/37. 16 2/37. P a \~ents from said a ccoun t shall be made by the signature of the Littleton Treasurer and City Nanager a nd all pa ym e nts shall b e in acc ordance with the ap pr ov ed budget . I . Any suppl~mental approprl ation to the app roved bu get s hall be jointly appro ·J ed and paid 1 n a ccordance with Paragra ph H above J. tOr~al operation and main tenance costs shall i nc l ude those utility costs incidental to the operat ion of said fac 1 lity , together with that insuranc e nec e ssary to adequately cover said fa iltty . (6) !. ~~-. r ( . .. , .. ,,'' ··.~ •· ' r .. ~· : I • • - / ~ { ' I / ·. 0 J / • ( • <!t I ,. I ' • • • V. USE OF FACILI TIES A. The us~ of rhe training facilit i es shal l t~ l imited to the pa"ties hereto and sha ll, a t the plearure of the Commi tte e , le ""r..l de avail.,ble for other rec ogn ized bona fid e fir~ depa r tments, la~ en f orcement agencies , rescue and other em~c genc y ~lt s Re n tal of said facil it ies to other agencies s al l be ac a rate determi ned by the Comm it t e e and provid ed for tn Paragraph IV G above . Those r ental• re ce ived for u s e f or said facili ties sha ll be deposite d in the account establish ed under Ill 8 above and credited to the parties to this Agreemen t as fol lows, Engle..,ood Cas tlewood Littleton Littleton D 'strict 33 l /3't 33 l/37. 16 2 /37. 16 2/Jt B. Sho uld th e training facili ty be damaged or destroyed wh il e used by any par t y to this Agreement or other rentins a g ency an d as a r es ul t o f said us e, it s hall be tha responsibility o f that agency to p ay for any a nd a ll d ama g ea d one to these facilitie s should said da mage not be covered by any ins uranc e . C. llo party to this Agreemen t shall assign a ny righ ts hereunder without the c onsent of the other par ties. All of the terms a n d prov isions here of shal l be binding upon and inure to the ben efit of the part i e s hereto, their s ucce ssors and a;signs . VI. T~RH INATIOII Thi s Ag reement y on l y be terminated or amended up o n th e joint ap p rov a l of all th e parties hereto . EXECUTED IN Ara pa h o e County, Color do, t his ____ dat o f -------· 1979 ATTE ST , (;l ty Clerk A0 PR OVED AS TO FRO:!, I"'TTY A110R'<!CY CI TY OF LITTLETON Bv •P~r~e~S~l'-dr.e~n~t~o~f~C~i-~ty~~c=o~u=n=crtTI---- (7) \·, ·,I ~· ,, \, I •• I • • I , . ... '\f ~ d . },,~. 'l i .~~ ,.., ' ''. ·.,,,'!(:I \r l '"~ .. · l ~. Ji ·r. / f : I . ) ~-, .. ' G J ( • I ( • ATTEST : l:ity Cler~ APPROVED AS TO FROM : C"uy Attorney ATTEST: Secretary APPRO VED AS TO FROM : Attorney ATTEST Cerald L. Meyer, Secretary APPROVED AS TO FROM : Attorney • • • CITY OF ENGLEWOOD By "t~~y~or=--------------------- LlTTLETOU FIRE PROTE CTION DISTRICT B yftP~r~e~s~raTe~n~t~---------------- CASTLEWOOD FIRE PROTECTION DISTRICT Byn-~~~-w----~--~~~Rirtin D. Baum, Pres~dent (8) 'l . ' I • • .. ,. • • • • ., BY AUTHORITY ORDI NANCE NO. SERIES OF 197~9------- A BILL FOR COUNCIL BILL NO . 29 INTRODUCED BY&n-ith AN ORDINANCE VACATING A PORTION OF THE EXISTING STREET RIGHT OF WAY IN THE 3500 BLOCK ON SOUTH MARION STREET, ADJACENT TO AND EAST OF BLOCKS 1 AND 2, OF YEAGER 'S SUBDIVISION OF BLOCK 4, VERONA PLACE, ARAPAHOE COUNTY, COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section l. The he reinaft e r described property located in the City of Englewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of Part 3, Article 2 , of Title 43 , Colorado Revised Statutes, 1973, as amended , and title thereof shall vest in the owners of the abutting land as provided in said Article; said vacated land being particularly described as follows: (1) The East 5 feet of Lot 2 and the West 10 .7 feet of Lot 1, and the West 15 .7 feet of the East 30 feet of Lots 27 and 28 and the East 5 feet of Lot 25 and the West 9 .2 feet of Lot 26 , all in Block 1 , Ye a ge r's Subdivision of Block 4 , Verona Place , c o ntaining 4269 .75 square feet ; (2) The East 5 feet of Lot 2 and the West 9 .2 feet of Lot 1 and the West 15.7 feet of the East 30 feet of Lots 27 and 28 , all in Block 2, Yeager's Subdivision of Block 4, Verona Place, containing 2543.25 square feet; (3) Beginning at a point 5 feet West of the SE corner Lot 25, Block l, Yeager's Subdivision of Block 4, Verona Place; thence South 30 feet to a point 5 feet West of the NE corner Lot 2, Block 2, Yeager's Subdivis ion of Block 4, Verona Place; then ce East 14.2 feet along the North line of Lots 2 and l; thence North 30 feet to the South line of Lot 26, Block 1, Yeager's Subdivision of Block 4, Verona Place; thence along the South line of Lots 26 and 25, 14.2 feet to point of beginning, containing 426.00 square feet; I 0 • • • • • • (4) That portion of a 15-foot alley which is adjacent to the West 15.7 fee t of the East 30 feet of Lot 27, Block 2, Yeager's Subdivision of Block 4, Verona Place, City of Englewood, Arapahoe County, Colorado, containing 235.5 s q uare feet. Section 2. The hereinabove described land is located entirely wi thin the City of Englewood and does not constitute a boundary line between the City of Englewood and any other county or other munic ipality. Section 3. The vacation of the hereinabove described property will not leave any adjoining land without an established public road connecting said land with another established public road. Section 4. The City of Englewood does hereby exp ressl y r e serve the rights of way or easements for the continued use of existing sewer, gas, water, or similar type lines and appurtenances, and for ditches or canals and appurtenances, for electric, telephone and s imilar lines and appurtenances, if any, now located in the hereinabove described parcel vacated. Introduced, read in full, and passed on first reading on the 4th day of June, 1979. Published as a Bill for an Ordinance on the ~ day of June , 1979 . Attest : Mayor ex off1c1o C1ty Clerk-Treasurer -2- I 0 - • • • • • • I, William D. James, do hereby certify that the above and foreoging is a true, accurate and complete c opy of a Bill fo r an Ordinance, introduced, read in full and passed on first reading on the Jj/h day of June , 1979. e x offic1o C1ty Clerk-Treasurer -3- • I 0 • • • • BY AUTHORI TY ORDINANCE NO. SERIES OF 1 97~9-------0. 29 A BILL FOR AN ORDINAN CE VACATING A PORTION OF THE EXISTING STREET RIGHT OF WA Y IN THE 35 00 BLOCK ON SO UT H MARI ON STREET, ADJA CENT TO AND EAST OF BLOCKS 1 AND 2, OF YEAGER 'S SUBDIVISION OF BLOCK 4, VERONA PLACE, ARAPAHOE COUNTY, COLORADO . BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The hereinafter described property located in the City of Englewo od , Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of Part 3, Article 2, of Title 43, Colorado Re vi sed Statutes, 1973, as amended, and title the r eof shall vest in the owners of the abutting land as provided in said Article; said v acate d land being particularly described as follows: (1) The East 5 feet of Lot 2 and the West 10.7 feet of Lot 1, and the vest 15.7 feet of the East 30 feet of Lots 27 and 28 and the East 5 feet of Lot 25 and the West 9.2 feet of Lot 26, all in Block 1, Yeager's Subdivision of Block 4, Verona Place, containi ng 4269.75 square feet; (2) The East 5 feet of Lot 2 and the West 9.2 feet of Lot 1 and the West 15.7 fe t of the East 30 fe et of Lots 2 7 and 28 , all in Block 2, Yeager 's Subdivision of Block 4, Verona Place, containing 2543.25 square fe e t; (3) Beginn ing at a point 5 feet West of the SE corner Lot 25, Block 1, Yeager's Subdivision of Blo ck 4 , Verona Place; thence South 30 feet to a point 5 feet We st of the NE corner Lot 2, Block 2, Yeag e r's Subdivision of Block 4, Verona Place; thence East 14.2 feet along the North line of Lots 2 and 1; thence North 30 feet to the South line of Lot 26, Block 1, Yeager's Subdivision of Block 4, Verona Place; the nce along the South line of Lots 26 and 25, 14.2 feet to point of beginning, containing 426.00 square feet; • I 0 • • • • • (4 ) That portion of a 15-foot alley which i s adjacent to the West 15 .7 feet o f t he East 30 fe et of Lot 27 , Block 2 , Ye a ger's Subdiv is ion of Block 4 , Verona Place, Ci ty of En gl ewood, Arapahoe County , Colorado, containing 235.5 square f eet . Section 2. The hereinabove described la nd is located entirely within the City of Englewood and does not constitute a boundary line between the City of Englew ood and any oth e r county or other mun icipality. Section 3. The vacation of the hereinabove described property will not leave any adjoining land without an established public road connecting said land with another established publi c road. Sec tion 4 . The City of Englewood does hereby expressly re serve the rights of wa y or easements for the continued use of ex ist ing s e wer, gas, water, or similar type lines and appurtenance s, and for ditches or canals and appurtenances, for electric, telephone and similar lines and appurtenan ce s , if any, now located in the hereinabove described parcel va c ated. Introd uc ed, rea d in ful l, and passe d on first reading on the 4th day of June , 1979 . Pu bli shed as a Bill for an Ordinance on the wth day of June, 1979 . Attest : Ma yor ex off~c~o C~ty Clerk-Treasurer -2- I 0 • • • • I, William D. James, do hereby certify that the above and foreoging is a true, accurate and complete copy of a Bill for an Ordinance, introduced , read in full and passed on first reading on the J.\ tly day of June, 1979. e x of f i c io city Clerk -Tre asurer -3- • I 0 • \ • • • • 1 G BY AUTHORITY ORO !NANCE NO.-=--- SERIES OF 1979 COUNCIL BILL NO. 28 INTRODUCED BY A BILL FOR 1Jio )\' AN ORDINANCE APPROVING AN AGREEMENT TO STUDY METH ODS TO UTILIZE CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSION VIEJO AND APPROVE THE GRANTING OF AN OPTION TO PURCHASE CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSI ON VIEJO COMPANY. WHEREAS, by Agreement of October 21, 197 8 , the City of Englewood (Englewood) and Mission Viejo Company (Company) have jointly studied and analyzed Englewood water rights; and WHEREAS, the result of said study indicates that Englewood has a substantial surplus of raw water in excess of Englewood's water requirements; and WHEREAS, Section 124, Article XIII, of the Englewood Home Rule Charter provides: "Coun cil sha ll have the power to enter into contracts for sale of water or water services, both in and outside the city, whenever it determines that the water supply available exceeds that necessary for the present needs of the inhabitants of the City, said c ontra cts for water and wa er services, to be subject to the present and future needs and require- ments of the City and its inhabitants. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. A. That the City of Englewood shall enter into an agreement, marked Exhibit ~ which provides as follows: :r (1) That a letter agreement of October 31, 1978, attached hereto and incorporated herein by reference, marked Exhibit B, between Englewood and Company is hereby ratified and approved, said agreement providing generally as follows: (a) Engineers for Englewood and Company shall conduct a Phase I study to determine the quantity , utility and value of Englewood exces s raw water, which study has been completed and reviewed. • I 0 - • • • • • • (b) Upon election of Englewood or Company, a Phase II report may be requested, which report shall include provi sions for ascertaining the value of Englewood's e xc es s water and utilization of exces s raw wate r by Company. (c) That Englewood shall not offer for sale, lease or exchange any of its excess raw water for a period of eighteen (18) months after completion of the Phase II study , a lthough nothing in said October 31, 1978 agreement shall pre- vent Englewood from entering into short-term lease s not exceeding one year. (d) Should Englewood receive a bona fide offer for sale, lease or exchange of Englewood water wh ich it desires to accept, Englewood shall notify Company, and Company shall have the first right to purchase said water under the same t e rms and conditions during the fifteen (15) months after notifi cation by Englewood or the expiration of eighteen (18) months after com- pletion of Phase II, whichever is first . B. That Com~~y agrees to pay Englewood One Hundred Thousand Dollars ($100,000) ,~Pifty Thousand Dollars ($50,000) of which is to be used for completion of Phase II study described in the October 31, 1978 letter. Fifty Thousand Dollars ($50,000) shall be consideration for Englewood granting to Company the exc lusive right and option to lease, within eighteen (18) months after completion of Phase II study, excess water d esc ribed in Camp, Dresser and McKee report dated February 28, 1979, acknowledged to be at least 5,000 acre feet per ye ar. Summary of said Camp, Dresser and McKee report is that Englewood has enough raw water to supply a population of 50,000, 60 ,000 or 70,000 with an excess yield of approximately 6 ,3 00 - 14,600 , 5,000 -13,200 and 3,600 -11,900 acre feet per year , respectively, durin g a drought period. C. Englewood, after consulting with Company, shall select an engineering consulting firm or firms to proceed with Phase II, which study shall be completed not later than November\, 1979. ~ D. That Phase II study shall include a summary of water requirements, description of existing facilities, identification of water sources, Engl e wood and Highlands Ranch demands through Union Avenue intake, alternative operations and facilities, eva luation of alternat ives from a standpoint of economics, bene- fits and risk factor and an opinion of legal attainability. E. Phase II shall also include an analysis of the institu- tional arrangements to provide for a lease agreement between the -2- • I 0 • • • • pa rties for an initial t wenty -(20) year period with additional renewal for three (3) successive twenty-(20) year periods and payme nt of fair and equitable l ease p a yment s and other financing arr angements. F. Englewood and Company understand that Englewood's excess wa t e r rights are p r inc ipally direct flow rights and are seasonably variable, but at t he discretion of Englewood, the direct flow rights may be supplemented from other rights to assure Company of a minimum of 5,000 acre feet annually, subject to present and future needs and requirements of Englewood and its inhabitants. G. Should Company fail to exercise its option to purchase Highlands Ranch, or Denver Water Board, directly or through its distributors, elects to serve Company Highland Ranch with water, the Fifty Thousand Dollars ($50,000) paid by Company as earnest money for option to lease, shall be refunded to Company and all further obligations of the parties to each other terminated . En g l e wood shall retain the sums necessary to pay for Phase I study and to satisfy all obligations incurred up to Fifty Thousand Dollars ($50,000) as a result of und e rtaking Phase II study . Section 2. The City Council of the City of Englewood, Colorado, hereby authorize s the Mayor of the City of Englewood an d the Director of Finance, ex officio City Clerk -Treasurer, to sign and atte st an agreement betwee n the City of Englewood, Colorado, and Mission Viejo Company, marked Exhibit ~. attached hereto and incorporated by reference. I I ntroduced, read in full and passed on first r e ading on t he 4th day of June , 1979 . Pub l i she d as a Bill for an Ordinance on the _______ day of -------------' 1979. Mayor Attest: ex officio City Clerk-Treasurer I, William D. James, do h ereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance , introduced, read in full and passed on first reading on the ___ day of June , 1979. -3- • I 0 - • • • • • MISSION VIE;JO COMPANY May 22', 1979 City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Gentlemen: EXHIBIT 'A.Ay By letter agreement dated October 31 , 1978, Mission Viejo Company (Comp any ), and the City of Englewood (Englewood) jointly com- mitted to the study and analysis of Englewood water rights in exce ss of its water requirements which might be available for utilization at the Highland s Ranch in Douglas County, Colorado. The October 31, 1978, letter agreement contemplated a two pha se analy s is of Englewood water rights and requirements, the fir st phase of which was to determine the exce ss water available to and owned by Englewood , if any, and the second phase of which was to deter mine methods for utilization of any excess water by Mission Viejo Company at the Highlands Ranch . The first phase study has been completed by Camp, Dresser & McKee , Inc ., as evidenced -by a report dated February 28, 1979, entitled "Estimation of Yield of Water Rights". A copy of the report is attached hereto as Exhibit A , and incorporated herein by reference, and Englewood and Company acknowledge that the report has been completed in accordance with the provisions of the Octobe r 31, 1978, letter agreement. The report indicates that Eng lewood has a substantial surplus of water rights in excess of its wat e r requirements which may be ut ilized by Mi ssion Viejo Company in its d e velopment of Highlands Ranch . Therefore , Englewood and Company wish to proceed to the second ph ase study . Ac cordingly: · 1) Englewood and Company r atify and reconf irm the October 31, 1978, letter agreement, and acknowledge that its provisions con- tinue to be binding and enforceable upon the parties, except as expressly modified her ein . 2) Comp any herewith agree s to pay to Englewood One Hundred Thou- sand Dollars ($100,00 0.00), not to exceed Fifty Thousand Dollars ($50,000.00) of which shall be paid as bills are incurred by Englewood for comp letion of the phase two study as defined and 7400 SOlJTH ALTON • ENGLEWO OD · COLORADO 80110 • 303/770-7750 • I 0 - • • • • City of Englewood May 22, 1979 Page Two. • • • described in the October 31 , 1978, letter agreement and as further refined and specified in Exhibit B attached hereto and incorpor ated by reference. The balance of Fifty Thousand Dollars ($50,000 .00) tendered herewith shall constitute additional con- sideration for the exclusive right and option of Company to lease , within eighteen (18) months of completion of the phase two study, excess Englewood water described in the phase one Camp, Dresser & McKee report (E xhibit A) , acknowledged by Englewood and Company to be at least 5,000 acre feet per year . 3) Englewood shall authorize an engineering consulting firm or firms, selected by Englewood after consultation with Comp any, to proceed promptly with the phase two study, as described in Exhi bit B, which shall be completed not later than November 2, 1979 . 4) Englewood and Company agree that the phase two study shall also include analysis of institutional arrangements to provide a framework for a binding lease contract of twenty (20) years with additional renewal options for three successive twenty (20) year periods vested in the lessee, and the payment of fair and equitable lease payments, and other financing arrangements, for excess water of Englewood to be used by Company . Englewood and Company shall mutually agree on the institutional arrangements and the amount of lease payments, and other financing arrangements, for the use of excess Englewood water by Company. 5) Englewood and Company understand and acknowledge that the phase two study will proceed on the premise that the Englewood surplus water rights are principally direct flow water rights. Yields from these rights are seasonably variable , and depend upon the availa- bility and quan tity of stream flows. At the discretion of Englewood, the yield from trans-mountain or trans-b asin water rights may be suppli ed to supplement the yield from direct flow river r ights to assur e Company a minimum of 5,000 acre feet of water annually. 6) Inc orporated in the phase two study reports shall be legal opinions from Raphael J. Moses (Company's water attorney) and James D. Geissinger (Englewood's water attorney) concern ing the legal attainability of the altern atives i dentified in the phase two study. 7) If Company , its successors, transferees and assigns, shall fail to exercise the option to acquire the Highlands Ranch, or if the Denver Water Board shall assert the right to serve water to the Highla nds Ranch directly, or through one of its distributors, • I 0 • - ' • City of Englewood May 22, 1979 Page Three. • • • the Fifty Thousand Dollars ($50,000.00 ) paid by Company as earnest money for the exclusive right and option to lease shall be refunded and this agreement and the October 31, 1978 agreement are terminated; otherwise, Englewood shall retain such funds as consideration for the exclu sive right and option of Company to lease the surplus water described in the phase one report, under a lease agreement con sis tent with the provisions of this letter agreement. If the foregoing conforms with your understanding, would you please so indicate by executing the attached copy of this letter in the appropriate places . Very IEJ/c~ Re~~l PJR:lc APPROVED AND ACCEPTED: CITY OF ENGLEWOOD ATTEST.: By ________ ~~~-------------Mayor City Clerk DATE: _____________________ , 1979. APPROVED: Director of Utilities City Attorney • I 0 ( • TO. Th e City Manager • • • INTaOfiRCI •wtOUNDUM DAft: flltOM: Dire ctor of Enginee ring Se rv ices, Gary Diede May 31, 1979 Response to Questions on Paving Districts No. 23 and 25 Assessments Please fin d enclosed our responses for City Council's consideration concerning questions ca lled in by residents and expressed in the Public Hearings for Paving Districts 23 and 25 . This item is scheduled on the City Council Agenda for Monda y , June 4, 1979. • I • • - - ( • • • Melvin & Evelyn Lavely 3205 S. Delaware Street • • • Owner had questions concerning his assessment cost for paving Vs his neighbor directly across the street who has a 100' f~ontage. Mr. Lavely owns a 50' frontage and the reason his cost was higher is that his assessment was based on a front footage cost while his neighbors was zoned because the property is split into two ownerships. Mr. Lavely also had questions concerning the replac ement of his spalling and vandalized concrete. At this time we have no definite date for the start of warranty work on P.D.-25 . • I 0 • • - • • - 3000 So , Fox ( • • I . • • • • • • Tatewell Enterprises Tate, Vernon T. & Gloria A. lots 8-9 Block 3, Taylors Add. (3028 So. Fox St.) 4 781 So. Grant St. During constru~tion of 3000 So. Fox St. it was noted that the concrete in front of 3028 So. Fox St. was badly broken up, and it was obvious that car s driving over the 4" concrete sidewalk had caused this problem . There was a noticeable dirt drive behind the broken 4" concrete where the cars had been driving. In our estimation cars would continue to drive over this concrete even after it was replaced with new concrete, unless a driveway was placed on this lot to direct where the cars could enter. Therefore, a small 16' driveway was placed on the South end of this property. Since the placement of this driveway cars whether tresspassing or not, do, in fact, use this driveway a nd i n doing so, the additional new 4" concrete is not being driven over and is not in jeapardy of being broken u p aga in. The following is a breakdown of Assessed Costs Vs Costs if only 4" con crete had been placed on this 1 ot" Assessed 4" curbwalk Type I 32.8 LF at $11.267 $369 .53 6" 15.9 LF at $15.905 $252.89 Remov e Curbwalk 48.7 LF at $2.651 $129 .09 To t al $751.51 If assessed with only 4" Concrete 4" curbwalk Type I 48.7 LF at $11.267 $548.66 Remove c urbwalk 48 . 7 LF at $ 2.651 $12 9.09 Total = $677.75 Difference $73.76 • I • • - - • • • • • • Mrs. How e 3255 So. Delaware St. Owner asked questions about vandalized and spalling concrete. After field checking this address we found that the concrete is spalling however; it was already included in our punch list, and will be removed and replaced. The ownership list shows this property being owned by Beverlee H. Bailey • I . - ( t • • • Terry J. & Penny R. Schaff 3032 So. Fox St. • • • Owner had questions on why truck traffic from General Iron Works use 3000 So. Fox St. if it is a 6• & 2" residential section. 3000 So. Fox Street was made a truck route in 1976 after City Council ag r eed with recommendations to do so. • I • - • • • Gilbert E. Fisher 3080 So. Fox • • • Owner requested to have 3000 So. Fox St. a no truck route or have General Iro n Works pay for street . 3000 So. Fox was made a truck route in 1976 after Ci t y Council agreed with recommendations to do so . • I 0 • • - • • ( 10 0 E , Layton Ave. • • I . • • • • • • • Vera M. Haney 4799 So. Sherman St. Construction on 100 E. Layton Ave. Wanted to know why her assessment was $600.00 more than her neighbor across the street . The reason for the difference is that Mrs. Haney was given credit for only 103.3 S.F. existing walk. Her neighbor at 4801 So. Sherman Ave. was given credit for 431.6 S.F. existing walk. The difference in the walk credit is that Mrs. Haney's frontage of existing walk was in bad condition and we could not give her credit for her entire frontage. • I 0 • ( • Trig Shelton 4085 So. Huron Paving on W. Oxford • • II Above owner wanted to know why there was so much construction on Oxford before the paving district. We constructed a storm sewer that ran from the Platte River East on Oxford to South Cherokee Street. Work was done on the City ditch at W. Oxford Avenue to lower the ditch and install a siphon. The hill at the City ditch was partially cut down after construction of the siphon but could not be totally finished until the water line could be lowered. The water line was lowered during the paving district. • I 0 • - • • • • • • Eleanor Smith 4100 So. Galapago St. Above owner wanted to know why her assessment was higher than the property at 4103 Sc•. Fox. After checking the assessment bo ok I found the f ollowing costs on the two properties: Front Zone Paving Rear Zone Paving 4" Mono 6" Mono Front Zone Paving Rear Zo ne Paving 4" Walk 4" Mono 6" Mono 4100 So. Galapago St. 6,041.67 SF 3,958.33 SF 121.50 LF 3.00 LF 4103 So. Fox St. 6,041.67 SF 3,333.33 SF 190.00 SF 74.70 LF 2.80 LF $480.627 $157 .447 $1610.389 $ 51.691 $2300.15 $480.627 $132. 587 $302.196 $990.091 $ 48 .254 $1953.76 The reason for the assessment difference is because 4100 So. Galapago owns more square footag e of property and had mor e concrete work done. Assessments figures are correct. Clty Co uncil reviewe d W. Oxford Av e nue as a truck r o ut e and agreed with tile recomm endation that it be made a t ru ck route . This change was made in 1976. If any maintenance is needed on West Oxford Avenue after P.D.-25 the City c rew s will handle this maintenance with no cost to property owners . • • I 0 • - • ( ( 1) Porf idio & Norma Jean Prad0 780 W. Oxford Avenue Paving Assessment • • • 118 F.F. @ $13.45751033/Front Foot Concrete $1587.986 93.9 L.F. of 4" Mono VC&G/4'walk @ 13.25423430 24.1 L.F. of 6" Mono VC&G/4'walk A 17.23050459 Concrete Totals: 4" Mono ~ 6" Mono Sub total $1244.572 $ 415 .255 1659.83 Total Assessment $1587 .986 + $16 59.83 c $3247.82 Assessment figures were checked and are correct . 2) Mr . Newton Magoun 805 W. Oxford Avenue (A da E. Peterson shown as owner) Paving Assessment : Concrete: Concrete Front Zone: SOxllO = 5500 Sq. Feet @ .07690026/Sq . Ft= $422.951 Rear Zone: 68xll0 = 7480 Sq. Ft. @ .038/5013/Sq. Ft. $287.607 Total paving Cost $710.56 85.5 L.F . 4" Mo no VC&G/4' walk @ 13 .25423430 23.3 L.F. 6" Mono VC/6/4' walk @ 17 .23050459 Totals: 4" Mono = $1133 .237 6" Mono • $ 401.471 Total Concrete $1534. 71 Total Assessment $710.56 + $1534.71 $2245 .27 As s e ssm ent f i g ur e s w ~re che cked and are correct. 3) Mr. George F. Wenzel 4090 So. Huron Stre et Paving Assessm ent: Front Zone 37.44 x 75.0 = 2808.25 SF @ .10268826/sq ft $288.374 Rear Zone 61.78x 75.0. 4633.25 SF@ .05134413/sq ft- $237.89 Total Paving Cost $526.2 6 • • I 0 - • • • • • The following property owners have filed a formal written objection to assess- me nts received for PD-25 . Porfidio and Norma J e an Prado 780 W. Oxford Avenue Mr . Newton Mag~un 805 W. Oxford Avenue ~!r . George F. Wenzel 4090 So. Huron Street Mr. Kenneth A. Love 777 W. Oxford Av e nue Ms. Grace Womeldorff 4070 5o. Huron St. Mr . Ch es t e r Moy e r 770 W. Oxford Ave. Mr. Peter L. Tardiff 4101 So. Galapago Avenue All of th e above property owners exce pt Ms. Grace Womeldorff had concre t e curb, g utter, and walks placed along there entire front ages on We st Oxford Avenu e , a nd pa ving was assessed to all of th e abovt. Ms . Gr ace Wom e ldo rff was assessed for a r ear zon e paving assessment whi ch is less than th e others f r ont zon e paving assessmen t. There were other complain ts in r egard to improvements Vs benefit s . The r·roce- d ure used i n this district i s the same procedure u sed since the start o f paving districts. The a bo v e owne r s also objected to bidding procedures used by the City . Thes e bidding proced ur es a r e used on any major city projec t. The return at the N. E. corner at W. Ox fo rd and So. Huron was removed at City cost . It was removed t 0 help corr ect the steep g rade when turning off of W. Oxford Av e nu e onto So . Huron Street. Residents along th e 600 W -800 W. Oxford Avenue were assessed for 16' of pav- ing, the r emainde r was paid by the City because W. Oxford Avenue is classified as an arterial street. This summer the City is planning on ov erlaying West Oxford from So. Santa Fe to So . Broadw ay . When this is don e th e 600 -800 Blocks of W. Ox f ord will be incl ud ed . Th is o verlay will be paid for by the City. The a bov e property owners also r e qu ested a breakdown on their assessment costs. They a r e as follo ws: • I 0 • 7) Mr . Pe ter L. Tardiff 4101 So. Galapago Stree t Paving Assessment: • • • Front Zone 48.33 x 111 • 53650 S.F. @ .07955182/Sq Ft. $426.794 Rear Zone 7.66 x 111 • 851.0 S.F. @ .03977591/Sq Ft. a $33.849 Total Paving Cost $460.64 Concrete: 46.4 S. F. 4" Concrete sidewalk@ 1.59050812 73.7 L. F. 4" Mono VC&G Walk@ 13.25423430 21.0 L.F. 6" Mono VC&G 4' Walk @ 17.23050459 Concrete Totals: 4" concrete sidewalk 4" Mono 6" Mono Total Concrete $73.799 $976.837 $361. 841 $1412.48 Total Assessment $460.64 + $1412.48 = $1873 .12 Assessment figures were checked and are correct. • I 0 • - • • • • • Mr . George F. Wenzel 4090 So . Huron Street Concrete: 55° L.F. 4' Mono VC&G 4' walk @13 .25423430 Concrete Totals: 4" Mono = $72 8.982 Total Assessment $526.26 + $728 .9 8 = $1255.24 As sessment figures were checked a nd are correct. 4) Mr. Kenneth A. Love 777 W. Oxford Avenue Paving As sessmen t: 30 F.F. @ 13.45745497/Front Foot $403.724 Concrete: 12.4 L.F. 4" Mono VC&G/4' walk @ 1 3 .25423430 17.6 L.F. 6" Mono VC&G/4' Walk@ 17.23050459 Concre te Totals: 4" Mono 6" Mono Total Concrete Total Assessment $4 03.72 + 467.61 $871.33 $164.352 $3 03.257 $4 67.61 Assessment fig ure s wer e checked out and are correc t . 5) Ms . Grace Womeldo r ff 4 070 S . Huron St. Paving Ass e ssment: Rear Zo n e 75 x 100.1 $385.466 7507.5 S.F. @ .0 513441 3/Sq. Ft. Conc r ete : None Total Ass essme nt $385.47 Assessment figu r es were c hecked and are co rrect . 6) Mr. Cheste r Moyer 770 W. Oxford Avenue Paving Assessment: 62.0 F.F. @ $13.45 747118 / Front Foot $834.363 Concrete: 43.4 L.F. 4 ' Mono VC&G 4' Walk @ 13.25423430 18.6 L.F. ~· Mono VC&G 4 ' Walk @ 17 .23050459 Concret e To t als : 4" Mono $575 .233 6" Mono $320.487 $895.72 Total Assessment $834.36 + $895.72 • $1730 .08 • I 0 - ( • • • Janice C. Metcalf 4150 So. Cherokee St. Paving on 200 W. Princeton Ave . • • • Owner had questions about ~oning procedure. Gary Diede answered her questions at hearing • • I • • • • • 200 W. Princeton Ave I . • • ( • • • .. • Mrs. Hazel Martin 4166 So . Lincoln Street The above property owner is protesting the assessment costs because she cannot afford to pay them. Assessmen t figure is correct. Assessment figure= $249 .81 • I 0 • • • • 100 E . Pr inceton Ave I • • • - • ( • • • • :J) /oJ<J/ Su. Lug-.u S t. (Fur p-.vlug Ull JUU E. i 't·lu c:cluu) LOL Z5 & 26 of lllk 21 Cost Breakdown Paving -50' x 125' c 6250 ft2 of Front Zone 6250 ft2 X ,Q7657954/ft2 c $4 78.622 Concrete-81.0 L.F. of 4" curbwalk Type II @ 14 .57965773/L .F . 19. 0 L. F. of 6" curbwalk Type II @ 19. 8813 5145/L. F. 32.0 S.F. of 4" concrete sidewalk @ 1.59050812/L.F . Concrete Totals -4" curbwalk Type II -$1180.952 6" curbwalk Type II -$ 377.746 4" Concrete sidewalk $ 50 .896 Total Assessment $1609 .60 + $47,8.62 = $2088.22 The Assessment of $2088.22 is correct . $1609.60 Mr. Fullerton requested a cost breakdown of his assessment. Computed as shown above . This is the correct amount. Mr. Fullerton also protested that he was not given the opportunity to do the work himself. A check of our computer print out & label list show that a Letter of Our Intent to form a Paving District was sent to the correct address of 4197 So. Logan Street. This letter outlined the procedures for obtaining a Home Owners Permit fo r doi.ng the ~10rk outside of our contract. A field check by the Engineering Department showed that the 3 trees replaced for Mr. Fullerton are still living and apparently well. In regard to the grass which was removed adjacent to the concrete installed during Paving District 25, the contractor was required to backslope behind the sidewalk to match the ground elevation with the back of the sidewalk. This n ecessi tated the removal of some grass. Our City Policy for Paving Districts (in effect since 1956) has been not to replace grass or do adjacent landscaping. In regard to the dip (water standing) in M=. Fullerton's service walk, the new sidewalk and gutter required us to remove 1 stone of his service walk. The dip occurs · at the joint between the new stone that was replaced and the ~xisting walk. The problem could have been corrected if we had removed and replaced 2 or more s tones of the service walk, however, this added expense to Mr. Fullerton would have been reflected in his assessment. • I 0 • • • ,. • 300 E . Union Ave I . • • - ( • • Hesom & Carol J. Masoud 4745 South Logan Street • • • Our records do not show a retun1ed Pre-Paving District letter. The above owner is listed on our original Pre-Paving District computer print out and this would indicate a letter was sent to the above owner, at the above address. The assessment figure is $238.51 and is correct . • I . • • • 2000 -2)00 W. 1.-le sley Ave I . • • - ( • Amber 1.. Mosberger 225 0 W. Wesley • • • Sent a written complaint that her concrete is spalling. This own er is on our punch list and the concrete will be remov ed and r eplaced. The above owner ••as conta c ted by phone 5-22 -79. • I • • - • • Esther Downare 2280 W. Wes l ey • • • Sent a written complaint that her concrete was spalling. This owner is on our pun c h list to have her conarete remo ved and replaced . Also had a complaint that the wat er is freezing up in front of h er proper ty and is causin g an ice jam. There is a large six foot high bush that runs almost the entire frontage o f her p roperty and it is located on t he North prop erty line which does not l e t any sun ge t to th e snow and ice . • I 0 • • • • Loo -600 IV . Bates Ave c I 0 • • • - • • Audrey L. Scott Lots 5-6 & So. 6 Ft. Lot 4, Blk 1, S. G. Hamlins Add. 2926 So. Galapago Street • • • The assessm ent costs a r e listed in the assessment book as in the 600 block of West Bates . We have reviewed the ass e ssed costs of $432.78 and they are correct. Property own e r s were not assessed fo r any work done on 29 00 So. Galapago St. Th e above owner also asked questions about General Irons assessments, Inspection, Actual c osts vs estimated costs and complained that she had called the engineering office before ~he distr ic t and was told that she would not be involved. There is no re cord to this affect. Owner did appear on original assessment list and no letter wa s returned. • I 0 - • • • • • Ann L. Smith 295 4 So. Galapago St. Above owner is protesting her assessment because shed es not driv·, ib n fi xed income, is a Senior Citizen, and is in bad health. We checked the figures on this property and they ar correct at $386.41 for paving on 600 W. Bates Av nue. • I 0 • Charl s J. Quesnoy 2917 So. Fox St. • • • Above owner is prutesting his assessment be c ause he feels that he re ceives very little b enef it from the paving of 600 W. Bates Avenue. I checked the figures on this property asse ssment and they are correct . Owner was ass e ssed for a rear zone paving of 9525 SF which is a lot dimension of 127.0 x 75.0 amounting to $57 9.61. The street width of 600 W. Bates is 44' F to F. The above owner would have been assessed for his portion of a 20' asphalt section. Paving district assessments will appear on Tax notices as special tax asses sme nt. • I 0 • ) • • • • 1,) :/.'J:/.0 ::u . I-.I11U ::t. Uu •· iHiv .lu g u 11 idlO lv . llnt"'' Av'"""") LoL ~ u 11d G o( Ulk 3 Mr. Van Arnam requested an explanation of ••hy he was as sessed for paving on 400 West Bates Avenue. The paving district ordinance for Assessment of paving cos ts states t hat t he paving cost o f a particular avenue will be shared by all property owners half wa y to the next public avenue or 300 ' whiche ver is less. This Zoning of Assessment costs is divided into 6 equal zon es which in this case i s 50' per zone . The front zone (adjacent to paving) pays 2 /7 of the total paving costs . All other zones (rear zones ) pay 1/7 of the total paving cost. Mr. Van Arnam's property is within this rear zone . Th e assessment of $386 .11 is co rrect. Mr. Van Arnam also protested that he did not receive any notice of our intent to form a Paving District. A check of our computer print out and mailing l ist s hows that a Letter of Intent to form a Paving District was sent, via r<'gular mail, to the correct addre ss of 2920 So. Elati Street. • • - • • 1900 \-/. Corr •. 11 ve ) • I . • • - • ( • • • • Grinun, Philip & Marlys Lot 2 Ex . W. 60.86 Ft. Lo t 3 Ex. W. 208 .86 F t. (1920 W. Cornell Av e.) Block 11, Vista Hts. 2nd Flg. 648 Washington Circle May 10, 1979 Mr. Phil Grimm of Freeman Signs located at 1920 West Cornel l Avenue came in the office checking on his assessme nt costs for P.D.-25. He felt the cost of paving in front of his property was too high. In checkin g the assessment for 1900 West Cornell Avenn !:, I found tha t an error was made in ca lculating Mr. Grimm's assessment. The plotted distance of lot 2, Block 11, Vista Heigh ts, Se c ond Filing is shown as 174.63; however Mr. Grimm's property is only 113.77 feet, and the 174.63 figure was used to calculate Mr. Grimms paving assessme nt. The total number of square yards of asphalt paved on the South one-half of West Cornell was 675 at a cost of $9.73737200 per square yard which gave a paving cost to the South one-half of West Cornell of $6,572.73 . When relating $6,572.73 to 307.63 feet; which is the total distance on th e South Side of West Cornell, to 174.63 feet, which is the distance used to calculate Mr . Grimms paving assessment, the answer will be $3,731.090 wh ich is the wron g paving assessment for Mr. Grimm. The correct answer would be found by relating $6 ,57 2.73 to 307.63 feet, t o 113.77 feet. This would give a correct paving assessment to Mr. Grimm of $2 ,430.7 74 r e - sulting in a reduction of $1,300.32. Orig inal Pavi ng Assessment= $3 ,731.090 Correct Pav i ng Assessment~ $2 430.774 Difference = $1300 .32 We recommend a r eduction of $1300.32 on Mr. Grin~'s paving assessment . This will increase the section "B" costs by $1300.32 • I 0 • • - • • 3000 So . Dartnlouth Circle 0 • I 0 ( ) • • ( • Tracy J. Wisgerhof 2109 E. Dartmouth • • • Af ter field checking the concrete stone in question, we found there is some pending because the stone to the South has some backfall. The re are foot prints through this stone and some cracking along the joints which could cause the conc re te to pop loose. There is also a hump along the flow pan. We are having this stone added to our punch lis t for removal and replacement. The assessment cost of $747 .83 was c he c ked and is correct . • • • • 4500 So , Pearl Street • I . • • • ( ( • Marvi n Minnick 456 5 So . Pearl • • • St a ted that the asphalt on 4500 So . P earl is only 1/4" thick and own ers wer c harged for 1" of asphalt. The r e are areas where the asphalt is thin and petromat is showing through . Th e thin areas that are obvious wi ll be corrected a nd the s treet will be co red and if we find we we re shorted on asphal t throughout the whole block the cont r actor will be required to bring the thickness up to proper specifications. Mr. Minnick also want ed to know why the cost of his paving was higher than $347.50. The reason for the higher cost $418.77 , is because the average width o f 4500 5 o. Pearl is 38 .7 ' and the figu re $347.50 is based on a 32.0 section. Assessmen t f i gure is co rrect. • I 0 • • • • • Hugh F. Frazier 45 69 South Pearl Street Above owner stated he had not been notified of the paving district. He is listed on our original Pre-Paving District computer prin t-out and this indicates a let t er ,..,s sent. I fo und no returned le t ters from this address on file. The breakdown on Mr. Frazier's assessment is: 50.0 frontage @ $8.376 Total assessme nt =· $418.78 This assessment figure is correct. Mr. Frazier also had questions conce~~ing why he was assessed for 4500 South Pearl. Our r ecords show that '•500 South Pearl Street bad never been in a paving district . ~tt . Frazier had question concerning the workmanship of 4500 South Pearl. After field checking 4500 South Pearl Street the following was noted. 1) Concrete was removed and replaced on only one property; 4550 South Pearl, spoiling was noted a nd stone will be replaced. 2) There are areas on 4500 South Pearl where petromat is visible. Asphalt is approximately 1/4" thick at these points and those areas will be corrected . 3) Very little surface cracking except where larger cracks originally were located, and are now re-appearing. 4) When overlaying streets the asphalt is feathered out approximately 18" from the lips of the gutter . This is done so there will not be a 1" or higher drop off at the edges of the asphalt. 5) After random coring at 4500 Pearl Street in five places we found the following : w l/4 CL E 1/4 1 1/4" 1 l/2" 1 1/8" So. PL 4501 So. Pearl 1" 1 3/4" 1 1/8" So. PL 4541 So. Pearl 1/2" 2" 1 l/2" No. PL 4581 So. Pearl 1" 1" 3/4" So. PL 4556 So. Pearl 1 5/8" 1" 3/4 " No. PL 453 5 So. Pearl When averaging these samples we will get an average of 1 3/16" . • I 0 ( • • • - ASScSSME BR&\KDOWN FOR PROPERTIES IN 4SOO BLOCK SOUl~ PEARL OWNER & LEGAL DESCRIPTION You ng, Ga ry L. & J acqueline L. JT Ten LoL 1&2 Blk. SO S . Brdy. Hts. 2nd Filing (4SOO S. Pearl St.) Von Der Heide, Ronald & Judith Ann JT Ten Lot 3&4 Blk . SO S . Brdy. Hts. 2nd Filing (4508 S. Pearl St.) Urtado, Stephanie Rose Lot S&6 Blk. SO S. Brdy . Hts. 2nd Filing (4Sl6 S . Pea r l St .) Wilcox, William E. & Jerrin e K. JT Ten Lot 7&8 Blk . SO S. Brdy. Hts . 2nd FHing (4S24 S . Peal St.) Noffsinger, Bobby D. & Shirley J . JT Ten Lot 9&10 Blk . 50 S . Brdy . Hts . 2nd Filing (4532 S. Pe arl St .) Ehrman , Robe rt W. & Arlene A. JT Ten Lot 1 1&1 2 Blk . 50 S . Brdy . Hts . 2nd Filing (4S40 S . Pearl St.) Batl, Jaco b Lot 13&14 Blk. SO S. Brdy . Hts . 2nd Filing (4548 S. Pearl St .) Fa u ll, Leonard John & J eanne K. JT Ten Lot 15&16 Blk. 50 S. Brdy . Hts. 2nd Filing (4556 S . Pearl St.) PAVING ASSESSMENT SO F.F. @ $8 .37SS6667/FF $418.78 SO F .F. @ $8.37SS6667/FF $4 18. 78 SO F.F. @ $8 .37SS6667/FF $418.78 SO F.F. @ $8 .37SS6667/FF $418.78 SO F.F. @ $8.37SS6667/FF $418.78 SO F.F. @ $8 .37SS6667/FF $418 . 78 50 F.F. @ $8 .37S56667/FF $418.78 SO F.F. @ 8.37556667/FF $418.78 • CONCRE TE ASS ESSHE T No n e None None None No n e S .2L.F . of 4" Curbwalk Type I @ $11 .26609916/L.F $64 .22 sl-L.F. of Remov Cu r bwalk @ $2 .6 508 468 6/ L.F. $15 .11 $79 .33 None None I 0 • -• • • ASSESSMENT BREAKDOWN FOR PROPERTIES IN 4500 BLOCK SOUTH PEARL O~~ER & LEGAL DESCR I PTI ON Weems , Tommy S. & LaVinia M. JT Te n Lot 17&1 8 Blk. 50 S. Brdy . Hts. 2nd Filing (45 64 S. Pea rl St .) Oleson, Louis F. & Ruth L. JT Te n Lot 19&20 Blk. 50 S. Brdy . Hts. 2nd Filing (4572 S. Pearl St.) Hogue , William R. & Olga L. JT Te n Lot 21 &2 2 Blk . 50 S. Brdy. Hts. 2nd Filing (4590 S. Pearl St.) Brown , Garrnett J. Lot 23&24 Blk. 50 S. Brdy. Hts. 2nd Filing (4596 S. Pearl St.) Osbourn, Dennis L. Lot 25 &26 Blk . 51 S. Brdy . Ht s . 2nd Filing (4581 S. Pearl St.) Taylo r, WadE : & Helen JT Ten Lot 27&2 8 Blk . 51 S. Br dy . Ht s . 2n d Filing (4579 S. Pearl St .) Kaminsky , Samuel H. & Geraldin e B JT Ten Lo t 29&3 0 Blk. 51 S . Brdy. Hts . 2nd Filing (457 7 S . Pearl St.) Fraz i e r , Hugh F . & Mary A. JT Ten Lot 31 & 32 Blk. 51 S . Brdy. Ht s. 2nd Filing (456 9 S . Pearl St.) Mi nnick, Melvin D. & Vicky J. JT Te n Lot 33&34 Bik . 51 S . Brdy . Ht s . 2nd Filing (4565 S. Pearl St. • PAVING ASSESSMENT 50 F .F. @ $8.37556667/FF $418. 78 50 F.F. @ $8 .3 75 56667/FF $418 . 78 50 F .F. @ $8.3 7556667/FF $418 . 78 50 F.F . @ $8 .37556667/FF $418.78 50 F.F. @ $8 .3755666 7/FF $418. 78 50 F.F. @ $8.37 55666 7/FF $41 8.78 50 F.F. @ $8.37556667/FF $418. 78 50 F.F. @ $8 .37556667/FF $418 . 78 50 F.F. @ $8 .3 7556 667/FF $418. 77 • CONCRE TE ASSESSMENT None None None None None None None None I 0 • No ne - ( • • • • ASSESSMEN T BREAKDOWN FO R PROPERTIES IN 4500 BLOCK SOUTH PEARL OWNER & LEGAL DESCRIPTION Beavers, Jam es Edward, Jr ., & Karen Ra e , J T Ten Lot 35 &36 Blk. 51 S . Brdy. Hts. 2nd Filing (455 9 S. Pearl St.) Sides , Steven 0. & Vickie L. JT Ten Lot 37&38 s :.k. 51 S . Brdy . Hts. 2nd Filing (4555 S. Pearl St.) Damico , Richard L. & Hast, Marilyn J. JT Ten Lot 39&40 Blk. 51 S. Brdy. Hts. 2nd Filing (4541 S . Pearl St.) Westra, Duane E. & Phyllis A. JT Ten Lot 41 &42 Blk . 51 S. Brdy . Ht s . 2nd Filing (4535 S. Pearl St.) Lorenz , Ur sula M. & Ermin~ JT T n Lot 43 44 Blk. 51 S. Brdy . Ht ·. 2nd Filin (4525 S. Pearl St.) Klug, Kenneth W. & Ev yn M. JT Ten Lot 45&46 Blk . 51 S. Brdy . Rts. 2nd Flling (4515 S. Pearl St.) Stoll, Water L. & Mary F. JT Te n Lot 47&48 Blk. 51 S. Brdy . Ht s. 2nd Filing (4501 S. Pearl St.) PAVING ASSESSMENT 50 F.F. @ $8.37556667/FF $418.77 50 F.F. @ $8.37556667/FF $418.77 50 F.F. @ $8.37556667/FF $41 8. 78 50 F.F. @ $8.37556667/FF $418 .78 50 F.F. @ $8.37556667 /FF $418.7 8 50 F.F. @ $8.37556667/FF $41 8.78 50 F.F . @ $8 .3 7556667/FF $418. 78 • CONCRETE ASS ESSMENT None No ne None Non e Non one None I . • • ~ (? c c c 07 /?J .&--,_ c 'I' l ~ (,,)«._ c s -.a..~ ;:-,.,..._.,--~ 0 ·; _/i r ,...... · ), 1 • p C\ r f c-'1..)( '7 s t..7 ,.... ' ....., ...,.., Vj?o c0 , (Y, rneff Av /rcn-. 1/t?7?1,oC) I -/ o 11 2 1 f 3 o • 7 7 T~'j e e({ En-!~, f •S es 7 oC'B S , F~-r <; • 1!1 r-" ...,..., 7£; I I <; I -}o '1/ (c-77 , 7 <: r; ~ ( c >--7 ( < c e [:' (' <'~---~-s .f c "Z~(p) c7.; .;:::, ,......,__(' n ,~-es.s .. [' c C"'"';> .f. "'> ~ ~ {o{!-3 , ?...q 3. 0::. • - • • BY AU 'I'HORI T Y ORDit ANCE NO . SERIES OF 197.~9------ • • • 8CL. COUN C IL BI LL NO . 23 INTROD UC ED BY AN ORDINANCE APPROVING 'rHE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 23 IN THE CITY OF ENGLEWOOD, COLORAD O ; APPROVING AND CON·IRMING THE APPORTIONMENT OF SAID COST TO EAC H LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAI D COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESC RIBIN G THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS. WHEREAS, by Ordinance No. 23, Series of 1976, finally pass e d and adopted on June 7, 1976 , the City Counc il has created Paving District No . 23 within the City of Eng lewood for the purpose of construc ting and instal ling street paving, curb , gutter , and side - walk improvements , together with necessary incidentals , on West Dartmouth Aven u e within the City; and WHEREAS , the improvements authorized by said Ordi nance have been complet d and accepted by the Clty and the whole cost of suc h improvements has been determin d ; and WHEREAS , an assessment roll has been prepared and a state- ment showing the tot al cost of the improvements has been duly iled with the City Council ; and WHEREAS , from the statemen made and Council, l p p ears that the wh o le cost of $312,401.27. The amount to be paid by the Program lS $224 ,88 0.86. The Clty will pay $58,650.96 to be assessed against the real said amount including costs o f inspection, lnciden t als and also including interest as filed with the City said improvements is Urban Systems Highway $2f!,869 .4 5 , leaving property in the District, collection and other llowed by law; and WHEREAS , from said statement it also appe ars that the City Council has apportloned a sh a re of the whole cost to each lot or tract of land in the District, in accordance with the ben e fits to be derived by said prope r y and in the proportions and a mounts sev e rally set forth in Exhibit A attached to this Ordinan ce ; NOW , THEREFORE, BE 1 •r ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , as follows : I 0 • • • - Se c tion 1. Confirmation of Ass ssme nt Roll. Tha t the whol e cost and ap ortionmen of t he s me ~s h ereby approved and confirmed, and said apporti o nme nt is here y declared to be i n accordance with the special b e nefits wh~ch the property in the Distr~ct will receive by r e ason of he construc- tion of said improvem nts , and a s h a r e of said cost is hereby assessed to and upon e ach lot or .tract of land wi t hin th e Dis ~icl i n the proportions and amounts as set forth in the assessment roll, attached hereto as Exhibit A. Section 2. Pay ment of Ass ssments. That the assessments shall be due and payable at the o ffi ce of the Di r ec tor of Finance of the City of En glewood, within thirty days after the final publica ion of this Ordinance , without demand; provide d tha t all such assessment s ma y , at the election of the property owner , be paid in insta l lment s, with intere st as herein- after provided . Failure to pay t he whole assessmen within said period of th ir t y days shall be conclusively considered and held an election on the part of all persons interested , whether und er disability or otherwise, to pay in said installments . S u ch e l ection shall be conclusively held and considered as a waiver o f a ny right to question th e power or jurisdiction of the City of Englewood to construct the improvements, the quality of work , the regularity or sufficiency of the proceedings , or the validity or the correctness of the assessment s, or the validiLy of the lien the r eof . In the e vent of such election to pay in in sta llmen s, the assessme nts shall be payable at the offic e o f the Coun y Treasurer of Arapahoe Coun y, Colorado, in ten (1 0 ) e qual annual insta l lments of principal , the first of which in stal lmen s o pr~ncipal shall be due and p yable on or before the l s day of Januar y , 1980 , a nd the remaind e r of said ins allments shall be due and paya bl e succe ssively on or before the 1st day of Januar y 1n e ach y e ar thereaft er until paid i n full , with interest on he unpaid prin ci pal amount a he rate of per annum, commenci n g on the date of publication of th~s Or d~nan ce by tit le following f inal passage, and payable each ye a r at the t1me of pay- ing installments of assessments. Section 3 . Pena lty for Def ull or Nonpayment. Failure to pay any installment , whether of principal or interest, when due s all cause the who le of the unpaid principal -2 - • I 0 • • • • to become d u e anu payable J.m.rnediately, nd the whoh: amo nt of the unpaid princi pal and acc ru ed i nter st s h al l theredfter raw interest a t the rate of o n e ercent (1 %) p r month , o fra ion of a mont h, until the date of tax sale, as provided by la~. At any tJ.me pr lo r to the da e of the tax sal e , the owner may pay the amo unt of all unpaid installmen ts with interes t at th e r at of o ne pe rcent (1%) p e r month, or fraction of a mon h , and all pe nalties accrued an sh al l thereupon be restored to the right thereafter to pay in insta llmen t s in he same manner as if default had not been suffered. The own er of any prope rt y not in default as to any installme nt or paymen t may, at any time, pay the whole of the unpaid principal with accrued interest to the d ate of the next assessment instal lment payme nt dat e . Section 4. Discount on Payment of Assessments. Payments ma y be made to the Director of Finance at an y time within thirty days after the final publication o f this Ordinance and an allowance of five percent (5%) will be made on all payments made during such period , but not thereafter . The discount of 5% shall apply to all such payments, whether the pay- ment is the entire amount of assessment due or a part of the assessment . Immediate ly aft e r the expiration of such thirty- day period , the assessmen s sh ll be certified to the County Treasurer of Arapahoe County, Colorado, for co llection , as pro- vided by law . Section 5 . Assessment Lien . All assessment s l evied against the real proper y in Paving District No. 23, togethe r with all in eres hereon and penaltJ.es for defau lt in ayment thereof, and all cos s in collec ti g the sa me , shall cons i tu e, from he dat of he final publica tion of his Or 1nance, a perpe ual lien in h e several amoun ts aSS tSsed agains each lo o r trac of land. Such lien shall h ve pr1o i y over all other l1ens •xcep general ax liens , and shall b 3 ~~forced in accordance with he laws of the State of Color o. If any tract of real proper y 1ncluded Wlthin Paving U1s r1ct No . 23 is h•1e :t r 1v1ded or sub lvJ.ded 1nto two or mo r s uch t r acts or parcels, he D1r ctor o Fi nan e , Wl h th ssistance of the D1r•ctor o Publ1c Works , is hereby a u thorized and directed to di vi th~ ass ssmbnt aga1nst such tract 1n tie s me proportion ha the rae i self 1s subdivided into wo or more such parcels, and o certif~ he revised a ss e s smen ts to the Coun ty Treasurer o Arapaho Coun ;, Colorado . -3- • I 0 • • • • .. Sect1on 6. Severabili y. That if any one or mo~e sections or a rts of th1s Ora1nanc• s ha ll be adjudge d unenforceable or inv lid, ~uch Judgment sh 11 not affect , impair, or invalidate th remaining provisions of th1s Ord inan ce , it being t he intention that th various provisions hereof are severable. Section 7. Repeale r . All ordina nces , or parts thereof , in conflict herewith are hereby repealed. S ection 8. Hearing . In accordance with the City Charter and the Municipal Code of the City, the City Council shall hold a public hearing on this Ordinance, before final passage, at 7:00P.M. on Monday , May 14, 1979. Section 9 . Publication and Effecti ve Date . This Ordinance, afte~ its final passage, shall b e n umbered and recorded, and the adoption and publication shall be authenti- ca ed by the signature of the Mayor and the Director of Finance, ex officio City Clerk-Treasurer, and by the Certificate of Publication . Introdu ced , read in full and passed on firs readin g on the 2nd day of April, 1979. Publ1sh d as a B1ll or an Ord1nance on the 11th day of April , 1979. day of Read by 1 le and pa5sed on final reading on the ______ __ 1979. Pub l1shed by L1tle as Ordi nanc e No. _______ , Series of 1979 , on the day uf 1979 . Mayor Attest: e x off1c1o City Clerk-Treasurer I, William D. James , do here by ce rtify that the above and for going is a true, accurate and complete copy of the Ordinan e passed on final rea d ing and published by title as Ordinance No. S e ries of 1979. -4-ex officio City Clerk-Treasure r • I 0 • • - • • EXHIBIT A Attach Copy of Assessment Roll for Paving DistrLc ~o. 23. I 0 • -5- • • • • • • It was thereupon moved by Council Me mber and seconded by Council Member ----~t~l~1a~t ~t~h~~f'o~r=-e---- going Bill for an Ordinance , read in full at this meeting as afore- said, be passed on fir st reading, and shall be considered fo r second reading and final passage at a regular meeting of the City Coun cil to be held on ~1 onday, June 4, 1979. The question being upon the adoption of the motion , the roll was called with the following result: Those voting YES: Mayor -James L . Taylor Mayor Pro Tern -Vernon M. Mann Counci l Members: David B . Clayton Donald W. Harper Donald Smith Donald M. Weber Donald Williams Those vo ting NO: members of the City Council having voted in favor of said motion, the presiding officer thereupon declared the motion carried and the ordinance passed on first reading. Thereupon , Council Member introduced nd moved the adoptio-n~o~f~t~h~e-'f~o~l~l~o~w~i~n~g~R~e~s~o~l~u~t'i~o~n~.-.- -6- • I 0 • • • • RE OLUTION 0. ______ , SERIES OF 1 79. A RESO LUTION AUTHORIZING THE NOTIFICA'l'ION OF PROPER'l'Y OWNER S (JF ASSESSME NTS FOR PAVING DISTRICT NO . 23 AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON SAID ASSESSMEN TS . WHEREAS, the street paving, curb , g tter and sidewalk improvements in Paving District No. 23 ~n Englewood, Colorado, have bee n satisfactorily completed and have be en accepted by the City of Eng lewood; and WHEREAS, a statement showing the hole cost of said improv - ments and a proposed apportionment of the same against the property wit hin the District has been filed with the Director of F inance ; and WHEREAS, the City Counc il has consid re the special benefL s accruing o n each lot or tract of 1 nd in the D~strLct by reas on of the mak~ng of the ~mprovements and has determin d tha t the appor- tionment of the a ssessments for sa~d improvements , s set forth in the ass e ss ment roll , ~s ~n accord nc WL h such benefits ; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: 1. That the Direc or o Finance ~s h er by authorized and directed to notify the owners of th e property t o be assessed for said improvements by p ubl ication of this Resolution in three consecutive weekly iss u es to the Englewood Hera l d-Sentin l, a newspaper publ "shed and of general circulation in the Ci yo Englewood, that said improv ments have been comple ed and acce ted, that the cost thereof has been apportioned according to btnefJ s. That a hearing on the assessment roll and a hear~ng on he OrdLnance levying the assessments WLll be held on Monday, My 14, 1979 , at Lhe 1un~cLp 1 Building, at 7:00P.M., prior to f~n 1 passage of the assessment ordinance. In a dition, notice of he ime, daL , nd place of each hear~ng shall be m iled to each property owner to b assesse~ with the cost of Lmprov ment~ on or bout the ddte of the first publication of this Resolution. 2 . Th whol. cost of said improvements wlthLn Paving D~s r ct o . 23 is the amount of $312,401 .27 , said amount including costs ot 1nspect~on, collection , incidentals and interes as provid ed by law . The Urban Sys ems Highway Program will pay $224,880.86 oward -7- • I 0 - • • • • • • the tola l ~ost; the City of Englewood will pay $28,869 .4 ~, ledving the amount of $58 ,650 .96 to be assessed against the p~operty special ly benefited and in cluded w thin the Dist ri ct. ThP amount to be assessed against each lot or tract of land is set turLh in the assessment roll filed with the City Council. 3. That any complaints or objections whic h may b mad e in writing by the o wn e rs of land withi n th e Di s trict Lo the City Council and fil e d in t he office of the Dire cto r of Finance on or be fore Thurs day, May 3, 1979, will be considered and heard by th C1 y Co n ei l at the meeting of the City Council on Monday, Ma • 14, 1979. The City Cou n cil shal l also hold a publi c hearing al the same time on the Ordinance l evying the ass es sments prior to he final passage thereof . 4. Any comp laint or o bj ec tion to the v lidity of the assess- ment~ or the proceedings taken therefor, shall b e deemed wai ved unl ess presented in writing at the time a nd in h e manner s e t forth above . 5. Th at if any one or more s ections or parts of his Reso lution shall be a d jud ged une nforc e abl e or invalid , such j udgment shall not affect , impair or invalidate the remainin g prov isions of this Re solut ion , i t b eing the intention that the va r ious provisions hereof are severalbe . ADOPTED AND APPROVED this 2nd day of April , 1979 . Ma yor At:test: ex officio City Clerk-Treasurer 1, William D. James, ex of icio City Cl rk-Treasurer of the City of Enlg e wood , Sta e of Colo r ado , hereby certify tha the above is a r ue, a;cura P, and complete copy of Resolution No. Series of 1979 . ex officio City Clerk-Treasurer-- -8- • I 0 - • • • • Thereupon Council Member .50 onded the mot~ on . ------- The question being upon the passage and adopt1on o f the Resolu tion, the r oll was cal l e d with the fo l low ing result: Those voting YES: Mayor -James L . Taylor Mayor Pro Tern -Vernon M. Mann Council Members : Dav id B. Clayton Donald W. Harpe r Donal d Smith Donald M. Weber Donald Will i ams Thos e vo ing NO: The presiding officer thereupon d eclared that a majority of thaseCouncil Membe rs pre sent at the mee ting having voted in fav or thereof , he motion was c arri d and he Res olution duly passe d and adopted . After considering other busin ess to come before the Counci l, the meeting was there upon ad journed. Mayor Attest: -9- • I . • • • • STATE OF COLORADO COUNTY OF ARAPAHOE ss. CITY OF ENGLEWOOD I, William D. James , Director of Finan c e o f t h e c~t y o f Englewo od , Colorado , do hereby ce rt ify that t he foregoing page s numbered to , inclusive , constitute a true a nd correct copy of a portion of the r ecord of proce eding s of the City Council of t he Ci ty of Englewood, Colorado , t aken at a regular meeting of the Council on Mon day , Apri l 2 , 19 79 , ~ns o far as said proceedings relate to the introduct ion and passage on first reading of an ordinance levy ing assessments in Paving Dis - trict No . 23 and a Resolution rel at ing to the notic e of hearing; that the copy of each is a true and co rrect copy of the original thereof as adopted at said meeting; and that the Reso lution has been signed by the Mayor and by me as Director of F inance , ex officio City Clerk-Treasurer, sealed with the corporate seal o f the City , and recorded in the official records of the City . IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the City at Eng lewood, Colorado, this day of , 19 79. ( S E A L ) Director of Finance ex officio City Clerk-Treasurer -10- • I 0 • • • • • Attach Affidavit of Publication of Ordinan ce on April 11, 1979 Following First Reading. -11- I 0 • • • .. • Attac h Affidav~t of Publication of Notice of Hearing on Assessments I 0 -12 - • • • • BY AU THO RI TY ORDl ANCE NO . SERIES OF 197n9 ____ __ • • - CO CIL BI LL NO . 2 3 INTRODU C D BY AN ORDINANCE APPRO VING THE WHOLE COST OF THE IMPRO VEMENTS MADE IN PAVING DISTRICT NO . 23 IN THE CITY OF ENGLEWO OD , COLORADO; APPROVING AND CONFIRM I NG THE APPORTIONMENT OF SAID COST TO EACH LOT OR RACT OF LAND IN SAID DISTRICT; ASSESSING A SHA RE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN 'rHE DISTRICT; PRESC RII3 ItJG THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS. WHEREAS, by Ordinance No . 23, Series of 1976 , finall y pass d and adopted on J u ne 7, 1976 , the City Council has created Paving District No . 23 within the C~ty of Englewood for the p urpo s e of constru c ting and installing street paving, curb , gutter , and s~de wal k improvements, together with necessary incidentals, on \est Dartmouth Aven u e w~thin the City ; and WHEREAS , the improvements authorized by sa~d Ordinance ha ve been completed and accepted b y the City and the wh o l e cost of suc h improvements has b een de ermin d; and WHEREAS , a n asses s ment rol l has been repared and a state- men t showing the t otal cost of the improvements has been duly filed with the City Council; and WHEREAS , from the statement made and filed with the Ci y o uncil, it ap ears that the whole cost of said improv ments is $3 1 2 ,4 0 1 .27 . The amount o e paid by the Urban Systems H~ghwa y Program is $224,88 0 .86 . The City will pay $2 8 ,869 .45, leaving $58,650.96 to be assessed against the real property in the Distr~c t, said amount including c o sts o f inspec tion , collection and other inc~denla l s and also includ~ng inter est as allowed by law; and WHEREAS , from sai d statemen t it also appears that the City Council has apportioned a sh a re of the whole cost to each lot or tract of land in the Distr~c t , in accordance with the benefits to be derived by said prope r y and in the proportions and a mounts sev rally set forth in Exh~bit A attached to this Ordinance; NOW , THERE FORE, BE l'l' ORDAINED BY THE CITY COUNC IL OF TilE CITY OF ENGLEWOOD , COLORADO , as follows : • I 0 - • • • • • ection 1. Confirmation of Assessment Roll. That the whole cos t an d apportionmen of the same 1s hereby approved and confirmed, and said apportionme nt 1s here y dec l ared t o be in accordance w1th the special b ene fits wh ich he property in the District will rece1ve by reason of he construc- tion of said improvements, and a share of said cost is her by assesse to and upon e ach lot or tract of land within the Dis rict in the proportions and amounts as set forth in the assessmen t roll, attache6 hereto as Exhibit A. Section 2. Payment of Assessments. That the assessments shall be due and payable at the off1ce of the Director of Finance of the City of Englewood, withi n thirty day s after the final publication of this Ordinance, without demand; prov1ded that all such as sessmen t s may, at the election of the property owner , be paid in installments, with intere st as herei n- after provid ed . Failure to pay the whole assessment within said period of thirty days shall be conclus1vely con sidered and held an election on the part of all persons interested , whethe r under disability o r otherwise, to p ay in said installments . Such election shall be conc lusively held and cons idered as a waiver of any right to question th e power or jurisdiction of the City of Englewood to construct the improvements, the qu al ity of work , the regularity or suffic1ency of the proc eedings , or the validi t y or the correctness of the assessments, or t he validity of the lien thereo . In the e ven of such election to pay in ins allmen s, the assessment s shall be payable at the office o f the Coun y Treasurer of Arapahoe County, Colorado, in ten (10) equal annual 1nstallmen s of princ ipal, the first of whi c h i ns al lmen s of principal shall be due and payab l on o r before the 1st day of January, 1980, a nd the remainder of s ai d 1ns ailments shall b due and payable suc ce ssive l y on o r before the 1st day of J anuary 1n e ac h year thereaf t er until paid in full, with interest on the unp a 1d principa l amount a the rate o f per nnum, commenc1ng on the date of publlcation of th1s Ord1nance by titl follow1ng fi nal pa ss ag , and payable eac h year at the t1m e o f pay- ing 1nstallments of ass e ssment s. Section 3 . P nalty for Default or Nonpayment. Failure to pay any i nstallmen , whether of principa l or interest, when due s hall ca use the whole of the unpaid princ ipal -2- • I 0 - • • • • • to become due and pay -b le i~ne iately, and he whole amo nt ot the unpaid princi pal and accrued i ntere st shall thereaf er lraw interest al he rate of one percent (1 %) per month, or frac ion of a month , until the date of tax sale, as provided by la ~. A any t1me prior to the date of the tax sale, the owner may pay the amount of all unpaid installm nts with 1nte rest at the rat of one percent (1%) per month, or fraction of a mon h, and all penalti s accrued an shall thereupon be restored to th right thereafter to pay in installments in the same manner as if default had not b en suffer ed . The owner of any proper y not in default as to any installment or payment may, at any time, pay the whole of he unpaid principal with accrued interes to the date of the nex assessment installment payment da e . Section 4 . Discount on Payment of Assessments. Payments may be made to the Director of Finance a t an y t1me within thirty days after the final publication o f this Ordinance and an allowance of five percent (5%) will be made on all payments made during such period, bu no thereafter . Th discount of 5% shall apply to all such payments, whether the pay- ment is the entire amount of assessment due or a part of th e asse ssme nt. Immed iately after the expiration of such thirty- day period, the ass essments shall be certified to the County Treasure r of Arapahoe County, Co l orado, for co llection , as pro- vided by law . Section 5 . Assessment Lien . All assessme nts lev1ed agai nst the real property in Paving District o. 23, together with all interes thereon and penalt1es for de ault in payment thereof, and all cos sin collect1 g the same, sh 11 cons i tute, from the date o f the final p blication of his Ordinance, a perpe ual lien in he several amounts assessed against each lot or tract of land. Such li n shall have ptiority over all other ltens e xc pt general tax liens , an shall be enforced in accordance with the laws of he S ate of Colorado . If any tract of r al prope rty included within Paving Dtstrtct No. 23 1s h teaft r divided or subd1vided into two or more such tracts or parcels, the Director of Finance, Wtth the assistance of the Dtrector of Public Works, is hereby authorized and direct d to divtde the assessme1 t agatns such ract. tn the same proportion that the tract itself is subdivided tnto wo or more such parcels, and to certify the revised assessments to he County Treasurer of Arapahoe County , Colorado. -3- • I 0 • • • • • S8c ~on 6 . S e v erability. That if any one or more s ctions or i'art.s of th~s O r d~n ance sha ll be a d i udged u ne n forceable or invdl id , such J u dgmen~ shall not a f fe ct, impair, or inval 'da te the r emain i ng prov~s io n s of this Ord i nance, i t being the i nt e n ~~on t hat the v a rio u s p r ov is ions hereof are severable . Se c tion 7. Re p e a ler . All ordinanc es, or parts thereof, in conflict herewith a r hereby repealed. S ec tio n 8. Hearing . In accordanc e with th e C ity Cha r ter and the Mun icip al Code of the City, the City Council shall hold a public hearing on thi s Ordinance , before final passage, at 7 :00P .M. on Monday, May 14, 1979. Section 9 . Publica t ion and Effectiv e Date. This Ordinan c e, after i t s f inal passage, shall be n um b e red and recorded , and the adoption and publication shall be authe nt i- cated by the signature of the Mayor and the Director of Finance, ex officio City Cler k -Treasurer, and by the Certificate of Publication. Introduced , read in full and passed on first reading o n the 2nd day of April , 1979 . Publ~shed as a Bill for an Ordinanc e on the 11th d a y of Ap nl, 1979. day of Re ad by t i tle and p d s sed on fi na l r e ad i n g on the ______ __ 19 7 9 . P ubli s hed by t i tle a s Ordinan ce No . _______ , S er i es of 1 9 7 9, on t h e d a y of 19 79. Attest: Mayor ex offic io City C le rk-Tre asur e r I , William D. J am e s, o hereby certify that the above and f o regoing is a true, a cc ura t e and complete copy of he Ordinan e passed on final r e ading and published by title as Ordinance No. S e ries of 1979. -4-ex officjo City Clerk-Treasure r • I 0 • - • • EXHIBIT A Attach Copy of Assessment Roll for Paving Distri c t o . 23 . • (f • I 0 -5- • • ( • • • • I was thereupon moved by Council Member and seconded b y Council Member ----:-t-:-h-a-:t-t:-:-h-~f"""o-r-e- oing Bill for an Ord i nance , read in full at this mee t ing as af ore- said, be passed on first read i ng, and s hall be considered fo r second reading and final passage at a regula r meeting of the 1ty Counc il to be held on Monday, June 4 , 1979 . The question be1ng upon the adopt i on o f the mot1on, th roll was c alled with the fo llowing result: Those voting YES : Mayor -James L . Taylor Ma yor Pro Tern -Vernon M. Mann Council Members: David B . Clayton Donald W. Harp er Donald Smith Donald M. Weber Donald Williams Th ose voting NO: members of the City Counc1l having voted in favor of said motion , the presiding officer thereupon declared the motion carried and the ordinance passed on first reading. There u pon , Council Member 1 n trod u ced and moved the adopt i o -n-o:-f.--:-t"h_e_""f""o-.l 'l_o_w_1~. n-=-g,--;:R:-e-:s-o-.-1-u-:t-i_o_n_:- -6- • I 0 • - • • • • • • RESOLUTION NO . ______ , SERIES OF 1979. A RESO LUT ION AUT HORIZING THE NOT I FICATION OF PROPERT '.r: 0\vNERS OF ASSESSME NTS FOR PAVI NG DISTRICT NO . 23 AND ESTABLISHING A DhTE FOR A PU BLI C HE ARING ON SAID ASSE SSMENTS. WHEREAS, the street p ving, curb , gutter and s1dewalk improvemen ts in Paving District No . 23 1n Englewood, Colorado, have b e en satisfactor1l y completed and ha ve bee n a ccepted by the C1ty of Englewood; and WHEREAS, a statement showing the whol cost of said improv - ments and a proposed apport ionment of the same aga1nst the property within th e District has been filed with he Directo r of Finance ; and WHERE AS, the City Council has consid red th speci al bene fi s accruing on each lot or tract of land in the Distric t by reason of the making of the improvements and has determined that the a ppor- tionment of the as sessments for said improvements , as set for h in the assessment roll, is in accordance with such benefits ; NOW , THEREFORE , BE IT RESOLVED BY TH CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: 1. That the Direc or of F1n nee 1s hereby authorize d and directed to notify the own rs of h e r operty to be assessed for said improvements by publicat·on of his Resolu ion in three consecutive weekly issues to t he Englewood Herald-Sen inel, a newspaper publ1shed and of gen ral c1 r cul tion 1n t h e City o Englewood, th at said improv ments have been comple t ed and a ccepted, tha t th cost t hereof has been ppor L1oned according to b ene f1ts. Tha a hearing on t h e assessme1 t roll and a hearing on the Ord1nance levying lhe assessments w1ll be held on Monday , May 14, 1979 , at the Mun1cip 1 B ilding , at 7:00 P.M ., prior to f1nal passage o the a ssessment ordinance . In addition, notic of he ime , dat , nd place of each learing shall be mailed to each property owner to be assessed, with the cost of improvements, on or about the date of the firsL publication of this Resol t1on . 2. The whole cost of said improv ments wi thin Paving Dis ric t No. 23 is the amounl of $312,401.27 , said amount including cos s of 1nspection, collection, incid nta ls and intere s as prov1d ed by law . The Urban Systems Hi ghwa y Program will pay $224,880 .86 toward -7- • I 0 • • • • th~ tolal LO t ; the Cit of Englewo o d will pay $~8 ,86 .4 5 , l~dving the amount of $58,650.96 to be assessed aqains the ryop8r y specially benefited and included \Jitl in the District. ThP nmoun to be assessed against each lot or tract of land is -et iurth Ln the assessm n roll filed witn the City Co n e il. 3. That any complai nts or objections which may b~ mad e in writing by th~ owners of land within the D1strict Lo the City Council and fil e d in t he office of the Director of Finance on or efore Thursday, ~ay 3, 1979 , will be cons idered and heard by tne Ci y Co neil a the meeting of the City Council on Monday , Ma 14, 1979. Th C1ty Council shall also hold a public hearing at the same time on the Ord1nance l evying the assessments prior to he final passage thereof . 4. Any compla1nt or obj ction to the validity of the assess-ment~ or the proceedings taken therefor, shal l be deemed waiv d unless presented in writing at the time and in the ma nner set forth above . 5. That if any one or more sections or parts of this Resolution shall be a d judged unenforceab l e or invalid , such j udgment shall not affect , impa ir or invalidate the remaining provisions of this Resolution, it being the intent i o n that he var1ous provision s hereof are seve ralbe. ADOPTED AND APPROVED th1s 2nd day of April , 1979 . Mayor At est : x officio City Clerk-Treasurer I, W1lliam D. James, ex officio C ity Clerk-Treasurer of he C1ty of Enlgewood, State of Colorado, hereby certify that the above is a true, a c cura e, and complete copy of Resolution No. Ser1 s of 1979. ex off1c1o C1ty Clerk-Treasurer -8- • I 0 • • • • • Thereupon Counc.ll Member __________ _ the mot.1on. se ·or deu The question being pon the passage and 3dop .1 0 n of ·h~ ResoluLion, the ro ll was called with he follow .1ng resul : Those voting YES: Mayor -James L. Taylor Mayor Pro Tern -Vernon M. Mann Council Members: David B. Clayton Donald W. Harper Donald Smith Donald M. Weber Donald Williams Tho se voting NO: The presiding officer thereupon declared that a majority of these Counci l Member s present at the meeting having voted in f avor thereof, the mot ion was carried and the Resolution duly passed and adopted . After considering other business to come before the Counci l, the meeting was thereupon ad journed. Mayor Attest: ex officio City Clerk-Treasurer -9- • I 0 • • • • ,. • STATE OF CO LORADO COU NTY OF ARAPAHOE ss. CITY OF EN GLEWOOD I, William D. James, Director of F~nan ce of he City of Englewood , Colorado, do hereby certify th at t he foregoing pages numbered to , inclusive, c onstitute a true a nd correct copy of a portion of t h e record of proc eeding s of the City Cou ncil of the City of Englewood , Colorado , taken a a regular meeting of the Council on Mon day , Apri l 2 , 197 9 , ~nsofar a s said proceedings relate to the introduction and pas s age on first reading of an ordinance levying assessments in Pa vi ng Dis- trict No . 23 and a Resolution rel ating to the notice of h e ar ~ng; that the copy of each is a true and correct copy of the original thereof as adopted at said meeting ; and that the Re solution has been signed by the May or and by me as Direc tor of F inanc e , ex officio City Clerk-Treas urer , sealed with the corporate seal of the City , and recorded in the official r e cords of the City. IN TESTIMONY WHERE OF , I have hereun t o subscribed my name and affixed the corporate seal of the City at Englewood, Colorado , th is day of , 19 79 . ( S E A L ) Director of Fin ance ex officio City Clerk-Treasurer -10- • I • ...... • • • .. Attach Affidavit of Publication of Ordinance on April 11, 1979 Fol lowing Firs t Reading. -11- • I 0 • - • • Attac h Affidavlt of Publlca ion of Notice of Heariny on Assessnents -12 -I 0 • • - • • BY AUTHOR I TY OR DI ANCE NO. SERIES OF 197~9------ • • • COUNCIL BILL NO . 23 INTROD UCED BY AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEHENTS HADE IN PA VING DISTRICT NO. 23 IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRHING THE APPORTIONMENT OF SAID COST TO EA CH LOT OR TRACT OF LAND IN SA I D DISTRICT; ASSESSING A SHARE OF SAI D COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBIN G THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS. WHEREAS , by Ordinance No. 23, Series of 1976, finally pass d and ado pted on June 7, 1976 , the City Counc il ha s created Paving District No. 23 within t he C1ty of Englewood for the purpose of constructi ng and installing street paving, cu r b , gutter , and side- walk improvements , together with necessary incidentals , on West Dartmouth Aven u e with in the City ; and WHEREA S, the improvements authorized by said Ordinance ha ve been completed and accepted by the City and the whole c ost of su ch improvements has been determined; and WHEREAS , an assessment roll has been prepa ed and a st ate- men t showing the t otal co st of the improvements has been duly filed with the City Counc1l; an WHEREAS , from the statemen made and Counc11, it a p r ears that the whole cost o $312 ,4 01.27 . The amount to be pa1d by the Program ls $224,880.86. The City will pay $58,650.96 to be assessed against the real sa1d amount inclu d ing costs o f inspection, 1nc1dentals and also including interest as f1led with the City said 1mprovements is Urban Systems Highwa y $2 8 ,869 .45, leaving prope rty in the Distri c t, collection and other allowed by law; and WHEREAS , from said statement it also appears that th City Council has apport1oned a share of the whole cost to each lot or tract of land in the District , in accorda n ce with th e benefits to be derived by said property and in the proportions and amounts severally set forth in Exhibit A attached to this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD , COLORADO , as follows: • I 0 - • • • • • Sect1.on 1. Confirn,ation of Tha t he who le cost an unmen t of t he same l.S hereby approved and con lrm~d, and s l.d ppo rtionment is here y declared to be in accordan e Wl.th the special b e nefit s wh1.ch he property in the Distr l.ct wil r~ce1v~ by reason of the construc- tion of said improvemen s, and a shar o said cost is here y assessed to and u pon e ac h lot or trac of land within th e D1s riL i n the proportions and amounts as s forth in the ass s sm nt r o ll, attached hereto as Ex hi 1.t A. Section 2. Payment of Asse s smen ts . That the assess men ts shall be due and payable at the office of he Director of Finance of the C it y of Engl e wood, within thirty days after the f in al publication of this Ordi nance , withou demand; provided that all such assessments may, at the election of the prope rty owner, be paid in installments, with interest as herein- after provided. Failure to pay the whole a sses s ment within sai d period of t h irty days shall be conclusively considered and h eld an election on the part of all persons intere sted , wheth e r un der disabil i ty o r otherwise, to p a y in said installmen ts . S u ch election shall be conclusively held and consider ed as a waiver o f a n y right to question th e power or jurisdiction of the City of Engle wood to construct the improvements, th e q u ality of work , the re g ularity o r suffi ciency of the procee din gs , or the v alidity or the correctness of the ass es sm e n t s, or the validity o the li en thereof. In the e ve nt of such elect i on to p ay in i nsta l lme n s, the assessm nts shall be paya ble a the o ffi ce o f he Coun y Trea sure r of Arapahoe County, Colorado, in ten (1 0) equal an nual l.nsta l lments of pr1.n cipal, the first of whi ch 1.ns allments of princi al shal l be due and payable on or before the lst d a y of January , 19 80, and the remal.nder of said installments shall b e due and payable su ccessive l y on or before the lst day of January 1.n e ach y ear thereafter until pa i d in full , with interest on the unpaid principal amount a the rate o f per annum, commencl.ng on the date of publication or--hl.s-5rdl.na n c e b y ti le follow1ng final passage , and payable each year at the time of ~ay ing installments of ass es sm ent s. Failure to pay any in stallmen t, whether of princ1.pal or 1.nt rest , wh e n d e shall cause the whole of he npaid p ri nc1.pal -2- • I 0 • • • • to become due c~nd pay ble im;n<.: iately, and the v.•hole amo r,t ot Lhe unpaid principal and accrued interest shall the re,fter draw intere st at the rate of one percen t (1%) per month , or frac ion of a month, until the date of tax sale, as prov1ded by la•.,. At any t1me prior to the date of the tax sale, th owner may pay t he amo unt of a ll unpaid installmen ts with interest at the raLe o f one percent (1 %) per month, or fraction of a mon h, and all p nalt1e s accrued an shall there upon be restored Lo he r1ght thereafter to pay in insta llme n t s in the same manner as if default had not been suffered. The owner of any property not in default as o any instal lmen t or payment ma y , aL any time, pay the whole of he unpaid prin cipa l with accrued Interes o the date of the nex assessment installme n t payment date . Section 4. Discount on Payment of Assessments. Payments ma y be made to the Director of Fina1ce at any time within thirty days af er the final publication o f this Ordinance and an allowance of five perc ent (5%) will be made on all payments made during s uch period, bu not the r eafte r. Th d i scount of 5% shall apply to all such payments , whether the pay- ment is the enti c amount of as sessment due or a part of the assessmen t. Immediately after the expiration of such thirty- day peri od, the asse ssmen ts sha ll be certif i e d to the County Tr as u rer of Arapahoe County, Colorado, for co llec tion, as pro- vided by law . S ection 5 . Assessment Lien . All ass essments l evied against the real property in Paving Di strict No. 23, toge her wit h all intere st thereon and p ena lties f or d efault in ayment thereof, and all cos sin co llecting the same , shall cons i tute , from the date of the f i nal publication of his Or Inance , a perpetual l ien in he seve ral amoun ts assessed against each lo or trac of land. Such li n shall have prior it y over all other l1ens exc pt general tax liens , and shall he enf~r ced 1n accordance with the laws of the State of Colorado. If any tra ~L o real proper y 1nclude within Paving D1str1ct No. 23 1s hereaft~r divided or subdiv1ded 1nto two or mo r e s u ch t r acts or parcels , he D1rector of Finane , w1 th the assistance of the D1rector o Public Work s , is hereby authorized and directed t o dJvlde the a~sessmcnt agaJns such tract In th same proport 1on haL the tract 1tself is subdivided 'nto two or more such parcels, and o certify the r e•ised ssessmen s to he Co nty Tr asurer o Arapahoe Co unty, Colorado . -3- • I 0 • ( • • • Sectl.on 6 . That if any one or more sections or parts of tins Orutnanc~ shall be adjudged unenforceable or inva lid , such Judgm0n_ sh ll not affect, impair , or in validate the r emaining provisions of r~is Ord inance, i t being the intention that the various provisions hereof are severable . Section 7 . Rep e aler. All ordinance s, or parts thereof, in conflic t herewith are hereby r epealed. S ection 8 . Hearing . In accordance with the City Charter and he Municipal Code of the City, the City Co un cil shal l ho ld a public hearing on this Ord inance , before final passag e , at 7:00P.M. on Monday , May 14, 19 79. Section 9 . Publication and Effective Date. This Ordinance , a fter its final passage, shal l be n umbered and recorded, and the adoption and publ ication shall be authenti- cated by the signature of the Mayor and h e Director of Finance, ex officio C ity C le rk-Treasurer, and by the Certificate of Publication . Introdu c ed , read in full and passed on first reading on the 2nd day of April , 1979. Pu blish d as a Bill for an Ordl.nance on the 11th day of Ap nl, 1979. day of Rea by ltle and passed on final r ading on h 1979. P blished by title as Ordinan ce No . ____ , S eries of 1979, on t he day of 1979 . Attes Mayor ex of icl.o City Clerk -Treasurer ( I, Will i a m D. James , d o hereby certify tha the above and foregol.ng l.S a true , accurate and c omplete copy of h Ordinan ce passed on flnal reading and publlshed by Litle as Ordl.nance No. Series of 1979. -4-e x officio City Clerk-Treasurer • • I 0 • • 41 • • ( EXHIBIT A Attach Copy of Assessment Roll for Pav ing District o . 23 . c I 0 • -5- • • - ( 0 • • • • .. • It was t hereupon moved by Co ne i l Member and seconded by Council Memb er ----~t~h~a ~t~tch-e~fco~r -e---- going Bill for an Ordinance , read in full at this meet ing as af ore- said, be passed on fi rst r e ad ing , and shall b e consid ered fo r second read1ng and fi n a l passage at a regul ar m eting of the Ci t y Council to be held on Monday, J une 4 , 1979. The question being upon the adoption of the motion, th e roll was called with the following r esult: T hose voting YES: Mayor -James L. Tay lor Ma yor Pro Tern -Ve rnon M. Mann Council Members: David B. Clayton Donald w. Harper Donald Smith Donald M. Weber Donald Williams Those voting NO: members of the City Council having voted in favor of said motion, the presid1ng officer thereupon declared the motion carried and t he ordinance passed on first reading. There upon, Council Member __ ~~~---~~~~~~~~.-~--- introduced and moved the adoption of the following Resolution: -6- • I 0 • - ( • ( • • • • RESOLUTI ON NO . ___ , SERIES OF 1979. A RESOLU TI ON AUT HO RIZING THE NOTIF CATlON OF PROPER 'l'): OWNERS OF ASSESSME NTS FOR PAVI NG DISTRICT NO. 23 AND ESTABLISHING A Dfl.'I'E FOR A PUBLIC HE ARING ON SAID ASSE SSM ENTS. WHEREAS, he street paving , curb , gutter and s1dewalk improvemen ts in Paving District No . 23 in Englewood, Colorado, have bee n satisfactorily comple t e d and have be en ac cepted by the City of Englewood; and WHEREAS, a statement showing the whole cost of sa1d improv - ments and a proposed apport1onment of the same aga1nst the property with1n th e District has been filed with he Director of Fina nce; and WHERE AS, the City Council has considered the special benef1 s accruing o n each Jot or tract of 1 nd in the District by reas on of the making of the improvemen s and has determined that the appo1- tionment of the a ssessments for said imp rovements , as set forth in the assessment roll, is in accordance with such benefits; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: 1. That the Director of Finance is hereby authorized and direc ted to notify the owners of the roperty to be assessed for said improveme nts by publicacion of this Resolution ·n three consecuti ve week l y issues to the Englewood Herald-Sentinel, a newspaper published and of general c1rculation 1n the Ci y o Englewood, that said improvements have been completed and acc epted , that the cost thereof has been apport1on a~c ording co benefJts. That a hearing on the ssessme t roll an a hearing on tte Or inance levyi ng the assessments Wlll be held on Monday, May 14, 1979 , at the Munic1pal Building, at 7:00P.M., prior to f1n al passage of the assessm nt ordinanc . In addition, notice of he im , date, nd place or each I ear1ng shall b a1led to each property owner to be ssess d, with the cost of improvements, on or about the date of the fiLSl publication of this Resolution. 2. The whol cost ot said improv ments with1n Paving Dis rict No. 23 is the amount of $312,401.27, s id amount including costs of 1nspection, collection , incidentals and interest as provid e d by law . The Urban Systems Highway Program will pay $224,880.86 toward -7- • I 0 ( ( • • • • th~ total cost; the City of Englewood will pa y S28,8f9 .4', ledVLng the amount of $58 ,650 .96 to be assessed against the pr p rty spec ially benefited and included within the District. ThP amount to be assessed against each lot or tract of land is se t tor h ~n the assessment roll filed wi th the City Co nc~l. 3. That any complaints r objections whi ch may bt mad e i n writing b y t owners of la nd within he D~str~ct to th Ci ty Co unc~l and f ile d in t he office of the Director of Finance on or before Thursday , May 3, 1979 , will be consider •d and heard b y the Ci y Co n eil a the meeting of the City Counc~ on 0~day 'a 14, 1979. The City Council shall also hol d a publi c hear1ng at the same time on the Ordinance l evyi ng he assessm nts prior c he final passage th reof . 4. Any complaint or object1on to the lidity of the assess- ment~ or the proceedi ngs taken there for, shall be deemed wa~ve unless p rese nted in writing at the time and in h manner s e forth above . 5 . That if any one or more sect ions or parts o his Resolution shall be adjudged unenforceable or inval id , such judgment shall not af f ec t, impair or invalidate the remaining provi sions of this Re solution, it be ing the inte ntion that th e various provisions hereof a re s e veralbe. ADOPTED AN D APPROVED t his 2nd day of April , 1979 . Mayor Attest: x officio City Clerk-Treasurer I, W~ll~am D. James, ex officio City Clerk-Treasurer of the City of Enlg e wo od, State of Colorado, hereby certify that the above is a true, accurate , and complete copy of Resolution No. Series of 19 79 . ex off~c~o C ~ty Clerk-Treas urer -8 - • - ( • • • • • Thereupon Counc il Mem ber the mot~on. ------------o1de The qu s ion being upo n t h e passage and a dop ion o f h ~ R e solut~on, he roll was called with he allowing r e s lt : Those votin g YES : Mayo r -James L. Taylor Ma or Pro Tern -Vernon M. Mann Council Membe rs : Davi d B. Clayton Donald W. Harper Donald Smith Donald M. Weber Donald Williams Those voting NO: The presiding officer thereupon declared tha t a majority of thaseCouncil Members present at the meeting having voted in f avor thereof, the motion was carri ed and the Resolu tion duly passed and adopted . After considering other business to come before the Counc1l, the mee ting was thereupon adjourned. Mayor Attest: ex officio City Cler -Treasurer -9- • I 0 ....... ....... ( • • ( • • • • STATE OF COLORADO COUNTY OF ARAPAHOE ss. CI TY OF ENG LEWOOD I, William D. James, Director of Finance of the City of Englewood, Colorado, do hereby certify that t he foregoing pages numbered to , inclu sive, consti tute a tr ue and correct copy o f a portion of the record of proceedings of the City Council of the City of Englewood, Colorado , taken at a regular meeting of the Council on Mon day, April 2 , 1 979 , ~nsofar as said proceedings relate to the introduction and passage on first reading of an ordinance levying assessments in Pa ving Dis- trict No. 23 and a Resolution rel a ting to the notice of hearing; that the copy of each is a true and correct copy of the origina l thereof as adopted at sa id meeting; and that the Resol ution has been signed by the May or and by me as Dire c tor of F inanc e, ex officio City Clerk-Treasurer, sealed with the corporate seal of the City , and recorded in the official records of the City. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the City at Englewood, Colorado , this day of , 1979 . ( S E A L } Director of Finance ex officio City Clerk-Treasurer -10- • I 0 - ( • • • • h t·c.1 AffidavJ.t of Public'ition of Ordinan~., or. AJli.l 11, ''79 Following F~rst ReudJ.ng. -11- • D I 0 • • • • Attach Affidavit of Publ~cation of Notice of Heariny on Assessments D -12- • • • • • OR DI A.'-'CE NO. SERIES OF 197~9------ • • • BY AUTHOR I T Y COUN IL BILL NO. 23 INTROD UCED BY AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPRO VE MENTS MADE IN PAVING DISTRICT NO. 23 IN THE CITY OF ENGLEWOOD, COLORADO; APPRO VING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAI D COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS. WHEREAS , by Ordinance No . 2 3 , Series o 1976, finall y passed and adopted on June 7 , 1976, the City Council has created Pavi ng District No. 23 within the City of Englewood for the purpose of construc ting and installing street paving, curb, gutter , and si e - walk improvements , together with necessar y incidentals, on West Dartmouth Avenue within the City; and WHEREAS , the improvements authorized by said Ordinance ha ve been comple ted and accepted by the City and the whole cost of su ch improvements has been determin d; and WHEREAS , an assessment roll has been prepared and a state- men t showing the tot al cost of the improvements has been du l y filed with the City Council; and WHEREAS , from t he statement made and filed with the City Co u ncil , it a p r ears that the whole cost of said improvements is $312 ,401.27. The amount to be paid by the Urban Systems Highway Program is $224,88 0 .86 . The C1ty will pay $2 8 ,869 .45 , leaving $58,650.96 to be assessed against the real prop erty in th e Distr1ct, said amount including costs o f inspection , collection and other inciden t als and also includin g interest as allowed by law; and WHEREAS, from said statemen t 1t also appears that the City Council has appo rt1oned a sh are of the whole cost to each lot or tract of land in the District, in accordance with the benefits t o be derived by said property and in the proportions and amounts sev rally set forth in Exhibit A attached to this Ordi nan ce ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF 'l'HE CITY OF ENGLEWOOD, COLORADO, as follows : I • - • • • • • ection 1. Confirmation o f Ass e ss ment Roll. That the whol e c ost an d a ppo r t ionment o f t he same 1s hereby ap roved and confirmed, and said apportionment is here b y declared to be in accordance with the special benef1ts wh 1ch he property 1n the District will rece1ve by reason of he construc- tion of said improvements, and a share of said cost is hereby ass ssed to and upon e ach lot or tract of land within the Distr i ct in the proportions and amounts as set forth in the assessm nt roll, attached hereto as Exhibit A. Sect1on 2. Payment of Ass ssments . That the assessments shall be due and p a yable at the o ffi ce of the Di rector of Finance of the C ity of Englewood, within thirty days after the final publica ion of this Ordinance, without demand ; provided that all such assessment s ma y, at the election of the property owner, be paid in insta llments, with interest as herein- after provided. Failure to pay the wh ole assessment within said period of thirty days sh all be conclusively considered and held an election on the p a rt of all persons interested, whether und er disa bi l ity or otherwise, to pay in said installments. Su ch election shall be conclusively held and considered as a waiver of any right to question th e power or jurisd ict ion of the City of Englewood to construct the improvements , the quality of work, the regularity or suf fi c1ency of the proceedin g s, or the validity or the correctness of the assessments, or the validity of the lien thereo . In the e vent of such election to pa y in insta l lments , the assessments shall be payable at the off1ce of the County Treasurer of Arapahoe County, Colorado, in ten (10) equal annual installments o pr1ncipal, the first of which installments of principal shall be due and payable on or be f o re the lst day of January, 1980, and the remainder of s a id installments shall be due and payable success1vely on or before the lst day of January in e ach year thereafter until paid in full, with interest on the unpaid principal amount a the rate o f per annum, commencing on the date of publ1ca~ion of th1s Ordinanc e by title follow1 g final passage, and payable each year at the time of pay- 1ng installments of assessments. Section 3 . Penalty Nonpayment. Failure to pay any installment , whether of principal or interest, when due shall cause the whole of the unpaid principal -2- • I - • • • • • to become due and payilbl im:ncdiately , a d the vlhole amount o~ the unp ai d princi p al and accrued lnterest shall there1f er draw interest at t he rate of one percent (1%) p r month , or fraction o f a mont h , un til the date of tax sale, as provid e d by l a~. At any time prlo to the date of t he t ax sale, the owner ma y pay the amount of all unpaid installm nts with lntere st a t the r ate o f o ne percent (1 %) per mo nth , o fraction of a month, and al l penalties accrued an shall thereupon be restored t o the right thereafter to pay in i nstallments in the same manner as if default had not b en suffered . The own er of any property not in defa u lt as to any installmen t or pay ment may, at any time, pay the whole of he unpaid principal with accrued interes t to the date of the next assessment installment payme nt date. Section 4. Discount on Payment of Assessments. Paymen ts ma y e made to the Director of Finance at any time within thirty days after the final publication o f this Ordinance and an allowance of five percent (5 %) will be made on all payments made during such period, but not thereafter. The d i scount of 5% shall apply to all such payments, whether the pay- ment is the e nt ire amount of as sessment du e or a part of the assessment. Immed iately after the ex iration of such thirty- day period, the assessmen ts shall be ce rtified to he County Treasurer of Arapahoe Coun y , Colorado, for co llection, as pro-vided by law . Section 5. Assessment Lien . All assessmen ts levi e d against the real property in Paving Di strict No. 23, togethe r with all inter e st thereon and penaltles for default in payment thereo f , and all costs in collecting the same, shall cons i tut e , from the date o f the final publication o f thi s Ord lna nce , a perpe tual lien in h e several amounts assessed against e ach lot or tract of land. Such l ien shall have prio rity over all other liens except gene r dl tax liens , and shall be enforced in accordan c e with the laws of the Stale of Colorado. If any tract of real property 1ncluded Wlthin Paving Distri ct o . 23 is hereafter divided o r subdivided into two or more such tracts or parcels, the Director of Finance, wit h th e ssistance of the Director of Public Works, is hereby authorized and direc t e d to divide the assessment agalns suc h tract in the same proportion t hal the tract itself i s subdi vlded into two or more suc h parcels , and to ce rtify the revised assessments to he County Treasurer of Arapahoe County, Colorado . -3- • I 0 - • • • • Sect1on 6. Severabil i t y . That if any one or more sect.1on s or parls of this Ord1nanc.,; s h a ll be adjudged unenforce abl~ 0r ir.v-l id, such Judg~e~~ sha 1 not affect, impair , or invalida e t~e rema1n in g provision s of this Ord inance, i t be1ng the intenLion that the var1ous provision s hereo are severable. Section 7 . Repealer. All ord inances, or parts the r eof, in conflic he r e wi th are hereby repealed. Sec tion B. He aring. In accordanc e with the City Charter and the Municipal Code of the City, the City Council shall hold a public hearing on thi s Ordinance, before final passage, at 7:00P.M. on Monday, May 14, 1979 . S ec tion 9 . Publica tion and Effective Date . This Ordinance , a fter its final pa ss age, shall b e n um bered and recorded , and the adoption and pub l i cation shall be authenti - cated by the signat u r e of the Mayor and the Director of Finance, ex officio City Cler k -Treasurer, and by the Certifica te of Publication . I ntroduced , read i n full and passed on first read ing on the 2nd day of April, 1979. Published as a Bil l for an Ordinance on the 11th day of April, 1979. day of Read by t itle and pdssed on final reading on the 1979. ------ Publ1shed by t1tle as Ordinance No . ___ , Se ies of 1979 , on t h e day of 1979 . Atte st : Mayor ex off1cio City Clerk-Treasurer I, William D. James, do h ereby certify that the above and foregoing is a true , accurate and complete c opy of the Ordinance pa ssed on final reading and published by title as Ordinance No. Series of 1979. -4-ex officio City Clerk-Treasurer • I • • - • • EXHIBIT A Attach Copy of Assessment Roll for Pav ing District o. 23 . I . -5- • - • • • • • • -.,.. ........ . It was t hereupon mo v e d by Co u nc i l Member and seconded b y Council Membe r ---.,-t-;-h-a"""'t-th for e- going Bill fo r an Ord i nance , read in ful l at this meeting as afore- sai d , be passed on fir st reading, and shall be c o nsidered fo r second reading and f ina l p assage a t a r egular me e t ing of t he City Co u ncil to be he ld on Monday, J une 4, 19 79 . The question being upon the adoption of the motion, t e roll was cal l ed with the following r esu lt: Tho se voting YE S: Mayor -James L. Tay lor t-1a yo r P ro Tern -Vernon M. Mann Council Membe r s: David B . Clayton Donald W. Harper Donald Sm it h Donald M. We ber Donald Williams Thos e voting NO: members of the City Council having v oted in favor o?f_s_a_1~.d.--m-o~t-ion , the presiding offic er thereupon declared the motion carried and t h e ordinance passed on first reading. There upon , Counc i l Member introduced and moved the adopt io=n-=o~f.,..---;::t;:h-:e:--:f"o::-;-l'l"=o::w-;1,. =n:::g:-;R:;:e=-s=o'l7u:-:;t:-1r-· o=n-=:- -6-I • - 0 • • • • • RESOLlJTIOl NO . ____ , SERit.S OF 1979 . RESOLU TION AU THO RIZING THE , .JTIF l ATION OF PROFERT'. 0\~ <ERS CJF ASSESS MENTS FOR PA VING DISTRICT NO. 23 AN ESTABLIS HI NG A DATE FOR A PU BLIC HE ARING ON SAID l SSESSME TS. WHEREAS, the street paving, curb, g tter a nd s ~dewa lk ~m rovements in Paving D~str~c No. 23 ~n Englewood, Colorado, ~ave been satisfactorily comple ted and have been a ccepted by the City of Englewood; and WHEREAS, a statement showing the whole cost of said impro ment s and a proposed apportJ.o nment of the s ame against the property withJ.n the District has been filed with he Director of Finance; and WHEREAS, the City Council has considered the speci al benef itb accruing o n each lo t or tract of l and in the District by reas on of the making of the J.mpro vements and has determine d that the appor- tionment of the assessments for said improvements, a s set forth in the assessment roll, is in accordance with su ch benefits ; N W, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, a s follows: 1. That the Director o f Finance i s hereby authorized and direc ted to notify the owners of the property to be assessed f o r said improvements by publication of this Resolution in three consecutive weekly issues to the Englewood He rald-S ent inel , a newspaper published and of g eneral circulation in the Ci y of Englewood , that said improvemen~s h ave b een completed and accepted, that the cost t hereof h as been apportioned according to b e nefits. That a hear ing o n the assessment roll and a hearing on the Ordin ance levying the asses s ments WJ.l l be held on Monday, May 14, 197 9 , at ~he Municipal Building, at 7:00P.M., prior t o final passage of the assessment ordina nce. In add tion, no t ice of the tim , d at , and place of each hearing shall be mailed to each p r operty o wner to be asses s ed, with the cost of improvements, on or about the date of the first publication of this Resolution. 2. The whole cost o f said improvements wi thin Paving Dis ric t No. 23 is the amou nt of $312,401.27 , said amount includ'ng costs of J.nspection, collection , incidentals and interest as provided y law. The Urban Systems Hi g hwa y Program will pay $224 ,880.86 toward -7 - I • • • • • h •otal cos~; the City of Englewood ~ill au $28,~69 .~ , l~3Vlng the amo unt of $58,65 0.96 1:0 he assessed a qa ins +-f..:> r··opt:rty spe cially benefited and included ~~~thin the Distr1ct. ':' "' ?.mount: 1:0 be assessed against each lot or tract of land is se t tort in the assessm nt roll filed witn the City Councll. 3. That any complaints or objections which l'lay b mad e i n writing by th e owners of la na withi n the Dlstrict. to the City Counc11 a n d fi led in t he office of t he Director of Finance on or before T h u r s day, 1ay 3, 1979, will be considered and he a rd by the Ci y council at the eeting of the City Council on Monday Ma • 14, 1979. The City Co u ncil shall also hold a public hear1ng a the same t i me on t h e Ord inance levying he assessme nts prior o he final pas s a ge thereof . 4 . Any compla1nt or obj ction to the alidity of he asses5- ments, or t h e p roc eedi n gs taken there fo r , shall be deemed waived unless presen t e d i n writ ing at t h e t ime and in the ma n ner s et forth a bov e . 5 . That if any one or more sections or parts of this Resol u tion shal l be a d judged unenforceable or in valid, such j udgment s h al l n o t affect, impair or invalidate the remaining provi sion s of this Re s o l u t ion , it being the intention t h a t the va rious provisions he reof are severalb . AD OP TED AND APPROVED this 2nd day of Ap ril , 1979 . Mayor Attest: ex o f ficio City Clerk-Treasurer I, Hilliam D. James, ex off1c1o City Clerk-Treasurer of the Cl t y of Enlgewood, State of Colorado, hereby certify tha the above is a true, a c curate, and complete copy of Resolution No. Ser1es of 1 9 79 . ex off1 c1 o C1ty C l e r k-Treas u rer -a- • I 0 • • • • Thereupon Council Member the motion. -------------SC'Onded The question being upon the passage and a dop ion of the Resolut ion, the ro l wa·s called with the followin g result: Those VOting YES: Mayor -James L. Taylor ayor Pro Tern -Vernon M. Mann Council Membe rs : David B . Clayton Donald 1 • Harper Donald Smith Donald M. Weber Donald Williams Those vo ing NO: The presiding officer thereupon declared that a majority of th~eC ou n cil Me mber s present at them et~ng having voted ~n avor thereo f , the mo tion was carried and he Resolution du l y pa ss ed a n d adopted. After con sider~ng other business to come before the Council, the meetin g was thereupon adjourned . Mayor Altest: ex officio City Clerk-Treasurer -9- I 0 • - - • • • • • STATE OF COLORADO COU.TY OF ARAPAHOE ss. CITY OF ENGLEWOOD I, William D. James, Director of Finan ce of the C1ty of Engl wood, Colorado, do hereby certify that t he foregoing pages numbered to , incl sive, constitute a true and correct ccp y of a portion of the reco rd of proceed ings of the City Coun c il of he C1ty of Engle,TOod, Colorado, taken at regular meeting of the Council on Mon d a y , April 2 , 1979 , insofar as said proceedings relate to the introduction and pas sage on first reading of an ordinance levy1ng assessments in Pavin g Dis - trict No. 23 and a Resolution relating to the notice of hear1ng; that the copy of each is a true and correct copy of the original thereof as adopted at said m eting; and that the Re solu ion has been signed by the Ma yor and by me as Director of F inanc e, x officio City Clerk-Treas urer , sealed with the corporate seal o f the City , and recorded i n the o ffic ial records of the Ci y. IN TESTIMONY NHEREOF, I have hereun o subscribed my name and affixed the corpora te seal of the City at Englewood, Colorad o , this day of , 19 7 9 . ( S E A L ) Director of Finance ex officio City Clerk-Trea surer -10- • I • - • • • • h tacn Affidavit of Put ic~tion o f Ord indn ce on April 1 1, 71 follow i ng First Reading. -11- • I • • • • '-"._. ............. . Attach Affidavit of Publication of Notice of Hearing on Assess e nts I • -12- • • ( • • • • BY AU THORI TY ORDINANCE NO. SE RIES OF 197.~9------COU NCIL BILL NO . 22 INTRODUCED DY Councilman Clayton Ba___ A ORD INANCE APPROVING THE WHOLE COST OF THE IM PRO VENENTS MADE IN PAVIN G DISTRICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COS T TO EACH LOT OR TRA CT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AG AINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLE CTIO N AND PAYMENT OF SAID ASSESSNENTS; AND DECLARING AN EME RGENCY . WHEREAS, by Ordinance No . 3, Series of 1978, finally passed and adopted on March 6, 1978, the City Council has cr ea ted Paving District No. 25, within the City of Englewood, for the purpose of constructing and installing street and alley pa·,ing, curb, gutter and sidewalk improvements, together with necessary incidentals, on certain streets and al~eys within the City; and WHEREAS, the improvements authorized by said Ordinance have been completed and accepted by the. City and the whole cost of such improvements has been determined; and WHEREAS, an assessment roll has been prepared and a statement showing the total cost of the improvements has been duly filed with the City Council; and WHEREAS, from the statement made and filed with the City Coun cil, it appears that the whole cost of said im p1 ·ovcment!..> i:; the amount of $899,568.76 of which amount the City of Englewood will pay $234,901.65 leaving $664,667.11 to be assessed against the real property in the District, sa i d amount including costs of inspec- tion, collection and other incidentals and also including interest as allowed by law; and WHEREAS, from said statement it also appears that the City Council has apportioned a share of the whole cost to each lot or tract of land in the District, in accordance with the benefits to be derived by said property and in the proportions and amounts -1- • I 0 - 0 • ( • • • • , __ ,_ ..... --. .. . . .. ·- severally set forth in Exh ibit A a t tached to this Ordinance; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D, COLORADO: Section 1. Confirmation of Assessment Rol l . That the whole cost and apportionment of the same is here by ap proved and confirmed, and said apportionment is he reby declared to be in accordance with the special benefits which the property in the District will receive by reason of the construction of said improvements, and a share of said cost is hereby assessed to and upon each lot or tract of land within the District in the pro- portions and amounts as set forth in the assessment roll, attached hereto as Exhibit A. Section 2. Payment of Assessments. That the assess- ments shall be due and payable at the office of the Director of Finance of the City of Englewood, within thirty days after the final publication of this OrdinancP., without demand; provided that all such assessments may i at the election of the property owner, be paid in installments, with interest as hereinafter provide d . Failure to pay the whole assessment within said period of thirty days shall be conclusively considered and held an election on the part of all persons :nterested, whether under disability or otherwise, to pay in said installments. Such election shall be conclusi ve ly held and considered as a waiver of any right to question the power or jurisdiction of the City of Englewood to construct the improve- ments, the quality of the work, the regularity or sufficiency of th e proceedings, or the validity or the correctness of the as- sessments, or the val idity of the lien thereof. In the event of such election to pay in install- ment s, .the assessments sha ll be J?ayable at the office of the County Treasurer of Arapahoe County, Colorado in ten ( 10 l equal annual installments of principal, the first of which inst all ments of p rincipal shall be due and payable on or before the 1st day of January, 1980, and the remainder of said ins tallments shall be due and payable successively on or befor e the 1st day of January, in each year thereafter until paid in full, with interest on the unpaid principal amount at the rate of 5.50\ per annum, commencing -2- • I - • • • • on the 1st day of January, 1980, and pay able each y ear at the time o f paying installments of assessments . Section 3. Penalty for Default or Non -Payment. Failure t o pay any installment, whether of princi pal or interest, wh en due shall cause the whole of the unpaid p rincipal to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per centum (1%) per month, or fraction of a month, until the date of tax sale, as provided by law. At any time prior to the date of the tax sale, the owner may pay the amount of all unpaid installments with interest at the rate of one per centum (1%) per month, or fraction of a month, and all penalties accrued and s hall thereupon be restored to the right thereafter to p ay in install- ments in the same manner as if default had not bee n suffered. The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the date of the next assessment install- ment payment date. ·section 4. Discount on Payment of Assess ment s. Pay- ments may be made to the Director of Finance at any time within thirty days after the final publication of this Ordinance, and an allowance of five per centum (5%) will be made on all payments made during such period, but not thereafter. The discount of 5% shall apply to all such payments, whether the pa ym ent is the entire amount of assessment due, or a part of the assessment. Immediately after the expiration of such thirty day period, the assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. Section 5. Assessment Lien. All asse ssment s levied against the real property in Paving District No. 25, togeth er with all interest thereon and penalties for default in payment thereof, and all costs in co llecti n g the same, shall constitute, from the date of the final publication of this ordinance, a perpetual lien in the several amo u nts ass ess e d against eac h lot or tract of ( land. Such lien shall have priority o ver all other liens except general tax 1 iens , and shall be enfo rced in accordance with the laws of the State of Colorado. -3- • • I • ( • • • • . • If any tract of reaJ,. property included within Paving District No. 25 is hereafter divided or subdivid ed into two or more such tracts or parcels, th~ Director of Fi nance , with the assistance of the Director of Publ i c Works, is hereby auth- orized and directed to divide the assessment against su ch t ract in the same proportion that the tract itself i s subdivided into two or more such parcels, and to certify the revised assessments to the County Treasurer of Arapahoe County, Colorado. Section 6. Payment of Special Assessment Bonds. The amount of assessments .herein levied against the property specially benefited, in the total amount of $66 4 ,667.11 will be in an amou nt sufficient for the payment of the outstanding bonds previously issued for Paving District No. 25, dated June 1, 1978, in the principal amount of $7 67,000. Section 7. Severability. That if any one or more sections or parts of this Ordinance shalL be adjudged unenforce- able or invalid, such judgment shall not affect, imp air or in- validate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Sect ion 8. Emergency Provision. By reason of the fact that bonds of Paving District No. 25 are now outstanding and that interest thereon will shortly become due and payable, funds must be made available from assessments at the earliest possible date for payment of such interest, and for the immediate pre- servation of the public property, health, peace and sa f ety, it is hereby declared that an emergency exists and that this Ord in ance shall take effect upon i ts final passage. Section 9. Repealer. All ordinances, or parts thereo f, in conflict herewith are her eby repe aled. Se ction 10. H e ari~. In accordance with the City Charter and the Municipal Code of the City, the City Council shall hold a public hear ing on thi ; ordin ance, before final passage, at 7 :30 p.ill., or at such later time on May 14, 1979, as Counc i l is able to hear it in its normal course . -4- • I • ( ( • • • • Section ll. Pu b lication and Ef f eccive Date. This Ordinance, after its final pa ssage, shall be numbered and record- ed, and the adoption and publication shall be authe n ti cated by the signature of the Mayor and the Director of Finance, ex-officio City Clerk-Treasurer, and by the Certificate of Publ ic at ion. This ordinance shall take effect immediately upon final passage and shall be published within seven days thereof. INTRODUCED AND READ This 2nd day of April, 1979. ( S E A L ) ATTEST: Director of Finance FINALLY PASSED AND ADOPTED ON this -----------· 1979 . Mayor ATTEST: Director of Finance -5- • Mayor day of I 0 • - ... • F.n g l~w o o d City Co uncil E n ~l ~w ood, Cn lor~d o ~0 1 10 \p r il 2:'l , Ul7 9 r.ouncilman; • • • 8i1_, This letter is to inform c ounci 1 that the property owners of the 4 50 0 Rlock of South Pe ~rl Street (Ref. Paving District No •. 2 5) are o bjecting t o payment of said imp r o vem e nts due to faulty an d sh o d d y workmenship nf said i mp rove m ent~. In the 45 ~0 Block of South P earl treet the new ~urface is in a rapid state of deterior at i on and in some placPs t h e o ld surf ~ce is ~l re~dy in v i e w. • I • • • - • • • • • REC EIVED l:l1W 21 19 79 DEPT . ('I; ~:;:: ... :;E Cl2 LE'."i J0:J - • • • • • RECEf'ij1 • ,~I 19 7'] J 1 - • • • • • ~ Andy McCown, City Manager IN1'aOfPICI 'WIOUNDUM DAft. June 1, 1979 ~ Gary R. Diede, Director of Engineering Services ~. Fire Station 13 Relocation The attached information was prepared to show the proposal site plan and cost estimates if the fire station was to be relocated south of Layton on Acoma. As City Council had decided to locate the station on the southeast corner of the intersection several weeks ago, we have estimated the total project cost to be $387,000. If the station was moved interior in the block (approx. 75' south) the estimated cost would be $376,000. Neither of the above figures include architectural fees (approx. $30,000) or contingencies ($15,000). -@1;/t:Y~, Gary . D~ede, P.E. Dire tor of Engineering Services GRD:bjs cc: J. Curnes J. Beeson R. Wanush B. James • I • TO. Gary R. ROM: R. A. • • • 1N1'114f1111CI ,_,,OMNDUM Diede, Director of Engineerin gDA~ Services I, J Kahm, Office Engineer ~~ SutJICT, Relocation of Belleview Fire Station June 1, 1979 Additional Option A -Construct New Building on 150 ' X 133' Site at Southeast Corner of South Acoma and Layton Avenue. Costs Site acquisition Demolition New building -4500 sf @$55/sf (site work included) Landscaping budget Less value of South Fox station Traffic signals TOTAL RA:bjs • $ 135,000.00 2,000.00 247,500.00 12,000.00 (12,000.00) 2,500.00 $ 387,000.00 I 0 1 "' "' -w ..r r ..J ~ ~.!!_ t I ( '. ~ ~ ,r, :" vi cr w -+~ ~-I 1 • 'I "' 0 u E :;; I ~ -:r I = ~ . I E.: ,,. -') I "" = <T --l I ~ CJ) <t ~~ ~ 8 I I <t l I I ( I J J 0 CJ) I ... rl ... " L> " '? rl ,.. J ':; "' :! ... Q. .., a. o.J ~ 'I w it' 4 "' 7 t:: ,.. <l t:": --I .... N' ;:,:: ! ' . ·~ '""" z. .._. . .,. "' I 0 "' ~ :., =' ~· • • - i -o ,,!"(', 'J ' I J.. ..J •• ' i ~ J ~--~;---------------- r-·~ '-· lj :>:> ·'" '.) ·- r~ 7 t • _J _ ·~ :,, X .·I ~ .U'":J \_ •• •.) 0 ·'• j ~ ' ' ..J - oc.. lt)0 I !;;;" SCALE :. tli-=~; 0 7 "' .,; "' _,_ • .. . ...... -, I - ~ <~ ..J "' I '- I ,.J I ~ ··:. : j I • • TO r Gary R. I'IOM: R. A. • • • INTR-ofiPIC I MIUoti#JieUM Diede, Director of DA~ Engineering Service;, 1 Kahm, Office Engineer W ~ SUIJIC'T r Relocation of Bellevi ew Fire Station June 1 , 19 79 Additional Option B -West one-half of Petoldt property on South Acoma Street (75' south of Layton Avenue). Construct new building on 150' X 133 ' site . Site acquisition New building -4500 sf @$55/sf (site work included) Landscaping budget Less value of South Fox station Traffic s ignals Total RAK :b js • $ 126,000.00 2 47,5 00.00 12,000 .00 (12,000 .00) 2 ,500 .00 $ 376 ,000 .0 0 I . j I I' I' I I I /I ,, I ' ·~ • • - """I "''' _,_ L_ ,..;:;}--,, ..,____,_ _____ -· ·--~ .:::. ___ ::,. _=-..::::~ LAYTON AVE . rr------------------- 1 f l I I' • o:'~ ' j -J J~..!. = > --------------.. ;< :.;, ,_ r <C .X .r .... fJ I. j l J I 0 - (_ • • • • BY AUTHORITY ORDINANCE NO. SERIES OF l97n9 ____ _ COUNCIL BILL NO. 28 INTRODUCED BY A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT TO STUDY METHODS TO UTILIZE CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSION VIEJO AND APPROVE THE GRANTING OF AN OPTION TO PURCHASE CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSION VIEJO COMPANY. WHEREAS, by Agreement of October 21, 1978, the City of Englewood (Englewood) and Mission Viejo Company (Company) have jointly studied and analyzed Englewood water rights; and WHEREAS, the result of said study indicates that Englewood has a substantial surplus of raw water in excess of Englewood's water requirements; and WHEREAS, Section 124, Article XIII, of the Englewood Home Rule Charter provides: "Council shall have the power to enter into contracts for sale of water or water services, both in and outside the city, whenever it determines that the water supply available exceeds that necessary for the present needs of the inhabitants of the City, said contracts for water and water services, to be subject to the present and future needs and require- ments of the City and its inhabitants. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. A. That the City of Englewood shall enter into an agreement, marked Exhibit A, which provides as follows: (l) That a letter agreement of October 31, 1978, attached hereto and incorporated herein by reference, marked Exhibit B, between Englewood and Company is hereby ratified and approved, said agreement providing generally as follows: (a) Engineers for Englewood and Company shall conduct a Phase I study to determine the quantity, utility and value of Englewood excess raw water, which study has been completed and reviewed. • I • • • • •' (b) Upon election of Englewood or Company, a Phase II report may be requested, which report shall include provisions for ascertaining the value of Englewood's excess water and utilization of excess raw water by Company. (c) That Englewood shall not offer for sale, lease or exchange any of its excess raw water for a period of eighteen (18) months after completion of the Phase II study, although nothing in said October 31, 1978 agreement shall pre- vent Englewood from entering into short-term leases not exceeding one year. (d) Should Englewood receive a bona fide offer for sale, lease or exchange of Englewood water which it desires to accept, Englewood shall notify Company, and Company shall have the first right to purchase said water under the same terms and conditions during the fifteen (15) months after notification b y Englewood or the expiration of eighteen (18) months after com- pletion of Phase II, whichever is first. B. That Company agrees to pay Englewood One Hundred Thousand Dollars ($100,000), Fifty Thousand Dollars ($50,000) of which is to be used for completion of Phase II study described in the October 31, 1978 letter. Fifty Thousand Dollars ($50,000) shall be consideration for Englewood granting to Company the exclusive right and option to lease, within eighteen (18) months after completion of Phase II study, exce ss water described in Camp, Dresser and McKee report dated February 28, 1979, acknowledged to be at least 5,000 acre feet per year. Summary of said Camp, Dresser and McKee report is t h a Englewood has enough raw water to supply a population of 50 ,0 00 , 60,000 or 70,000 with an excess yield of approxima tel y 6,3 00 - 14,600, 5,000 -13,200 and 3,600 -11,900 acre feet per year, respectively, during a drought period. C. Englewood, after consulting with Company, shall select an engineering consulting firm or firms to proceed with Phase II, which study shall be completed not later than November 7, 1979. D. That Phase II study shall include a summary of water requirements, description of existing facilities, identification of water sources, Englewood and Highlands Ranch demands through Union Avenue intake, alternative operations and facilities, evaluation of alternatives from a standpoint of economics, bene- fits and risk factor and an opinion of legal attainability. E . Phase II shall also include an analysis of the institu- tional arrangements to provide for a lease agreement between the -2- • I • ( • • • • parties for an initial twenty-(20) year period with additional renewal for three (3) successive twenty-(20) year periods and payment of fair and equitable lease payments and other financ ing arrangement s. F. Englewood and Company understand that Englewood's excess water rights are principally direct flow rights and are seasonably variable, but at the discretion of Englewood, the direct flow rights may be supplemented from other rights to assure Company of a minimum of 5,000 acre feet annually, subject to present and future needs and requirements of Englewood and its inhabitants. G. Should Company fail to exercise its option to purchase Highlands Ranch, or Denver Water Board, directly or through its distributors, elects to serve Company Highland Ranch with water, the Fifty Thousand Dollars ($50,000) paid by Company as earnest money for option to lease, shall be refunded to Company and all further obligations of the parties to each other terminated. Englewood shall retain the sums necessary to pay for Phase I study and to satisfy all obligations incurred up to Fifty Thousand Dollars ($50,000) as a result of undertaking Phase II study. Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood and the Director of Finance, ex officio City Clerk-Treasurer, to sign and attest an agreement between the City of Englewood, Colorado, and Mission Viejo Company, marked Exhibit A, attached hereto and incorporated by reference. Introduced, read in full and passed on first reading on the 21st day of May, 1979. Published as a Bill for an Ordinance on the ______ day of ----------' 19 7 9. Mayor Attest: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the day of May, 1979. -3- • I • • < • • • '. • MISSION VIE;JO COMPANY May 15, 1979 City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Gentlemen: EXHIBIT A By letter agreement dated October 31, 1978, Mission Viejo Company (Company) , and the City .of Englewood (Englewood) jointly com- mitted to the study and analysis of Englewood water rights in excess of its water requirements which might be available for utilization at the Highlands Ranch in Douglas county, Colorado. The October 31, 1978, letter agreement contemplated a two phase analysis of Englewood water rights and requirements, the first phase of which was to determine the excess water available to and owned by Englewood, if any, and the second phase of which was to determine methods for utilization of any excess water by Mission Viejo Company at the Highlands Ranch. The first phase study has been completed by Camp, Dresser & McKee, Inc., as evidenced by a report dated February 28, 1979, entitled "Estimation of Yield of Water Rights". A copy of the report is attached hereto as Exhibit A, and incorporated herein by reference, and Englewood and Company acknowledge that the report has been completed in accordance with the provisions of the October 31, 1978, letter agreement. The report indicates that Englewood has a substantial surpLus of water rights in excess of its water requirements which may be utilized by Mission Viejo Company in its development of Highlands Ra nch. Therefore, Englewood and Company wish to proceed to the second phase study. Accordingly: 1) Eng lewood and Company ratify and reconfirm the October 31, 1978, letter agreement, and acknowledge that its provisions con- tinue to be binding and enforceable upon the parties, except as expressly modified herein. 2) company herewith agrees to pay to Englewood One Hundred Thou- sand Dollars ($100,000.00), not to exceed Fifty Thousand Dollars ($50,000.00) of which shall be paid as bills are incurred by Englewood for completion of the phase two study as defined and 7400 SOUTH ALTON • ENGLEWOOD • COLORADO 80110 • 303/770-7750 • I • City of Englewood May 15, 1979 Page TWO. • • - described in the October 31, 1 978, letter agreement and as further refined and specified in Exhibit B attached her eto and incorporated by reference. The balance of Fifty Thousand Dollars ($50,000.00) tendered herewith shall constitute additional con - sideration for the exclusive right and option of Company to lease, within eighteen (18) months of completion of the phase two study , excess Englewood water described in the phase one Camp, Dresser & McKee report (Exhibit A) , acknowledged by Englewood and Company to be at least 5,000 acre feet per year. 3) Englewood shall authorize an engineering consulting f j.rm or firms, selected by Englewood after consultation with company, to proceed promptly with the phase two study, as described in Exhibit B, which shall be completed not .later than November 2 '· 1979. 4) Englewood and Company agree that the phase two study shall also include analysis of institutional arrangements to provide a framewor~ for a binding lease contract of twenty (20) years with additional renewal options for three successive twenty (20) year periods vested in the lessee, and the payment of fair and equitable lease payments, and other financing arrangements, for excess water of Englewood to be used by Company. Englewood and company .shall mutually agree on the institutional arrangements and the amount of lease payments, and other financing arrangements for excess Englewood water by Company. f-the-rea·se-paymen ts ,_.and. . .Qiaaer ... fJ a~aeing a1:1: angelfteR*o&, tb& i&s\ie shall be sttb~and:") .Aet er"'!i~e~a pa.Ael of tbree a~tra~r-e. -;iithl~R-d-a.y-s-a-f..£8r._ . ...w:r:i:LLea agPiind fo:c arhi tration is delivered by oae paxty to the .otner-paE*oy, each part~ shall designate an arbitrater, and ~itfr~n· Efiirt¥ Qays afteE sueh <ieli·.·ery 1 the t.we Ei~~s. ~ball de&igaa*oe a zhiEd aJ<ai*orator Ia tae even~ fa~~~re-o~ inabilit¥ of gitbgr party to aesisaate aa arbit:catoE er ef the two ...arbitrilters te agree ea a tbi:rli iilrbitJ<ator, the vacanc~the <panel shall be fille<i by aa arbi'ontor designated by the Chief -Jodge of the 18th crudiclal oist::l!'i~t 5) Englewood and Company 'understand and acknowledge that ·:he phase two study will proceed on the premise that the Englewood surplus water rights are principally direct flow water rights. Yields from the~e rights are seasonably variable, and depend upon the availa- bility and quantity of stream flows. At the discretion of Englewood , the yield from trans-mountain or trans-basin water rights may be supplied to supplement the yield from direct flow river rights to assure Company a minimum of 5,000 acre feet of water annually • • I - City of Englewood May 15, 1979 • • • ( Page Three. (_' < • 6) Incorporated in the phase two study reports shall be legal opinions from Raphael J. Moses (Company's water attorney ) and James D. Geissinger (Englewqod's water attorney) concerning the legal attainability of the alternatives identified in the phase two study. 7) If Company, its successors, transferees and assigns; shall f ail to exercise the option to acquire the Highlands Ranch, or if the Denver Water Board shall assert the right to serve water to the Highlands Ranch directly, or through one of its distributors, the Fifty Thousand Dollars ($50,, 000. 00) paid by Company as earnest money for the exclusive right and option to lease shall be refunded and this agreement and the October 31, 1978 agreement are terminated ; otherwise, Englewood shall retain such funds as consideration for the exclusive right and option of Company to lease the surplus water described in the phase one report, under a lease agreemen t consistent with the provisions of this letter agreement. If the foregoing conforms with your understanding, would you please so indicate by executing the attached copy of this letter in the appropriate places. Very truly yours, MISSION VIEJO COMPANY Philip J. Reilly President PJR:lc APPROVED AND ACCEPTED: ATTEST: City Clerk DATE: APPROVED: Director of Util~t~es City Attorney , 1979. CITY OF ENGLEWOOD By-------.~~~------------Mayor • I • • • • • October 31 1 1978 City of Englewood 3 400 South Elati Street Englewood, Colorado 80110 Gentlemen: EXH I BIT B· From time to time, discussions have been held betwee n representatives of the City of Englewood (Englewood) and Mission Viejo Company (Company) concerning water owned by Englewood which might be utilized to provide water a t the Highlands Ranch in Douglas County, Colorado. As you know, Company is developing a plan for a satel lite community at the Highlands Ranch, a component part of which is a water supply and distributi0n system. The purpose of this letter is to clarify and confirm a process by which water owned or controlled by Englewood may be analyzed by the engineers for Englewood and company to determine the quantity of excess water available from Eng lewood, if any, and methods by which t~e water can be delivered for use on the Highlands Ranch. Englewood has provided Company a copy of a study entitled "Comprehensive Water Rights Study" prepared by Blatchley and Associates, for CH2M Hill, Inc. and transmitted to Englewood on October 31 , 1975. The water made the subject of this letter ~greement are the yields from the water rights described in Appendix C of the Blatchley-CH2M Hill study, su~.=_ct ?.!l.l:.Y-t? __ ~isti ng lon9 term leases executed by En9lewood, ""---·---··- , ...... ~ ... .,._ -........., The Blatchley-CH2M Hill Study contains the following con- clusion: "the City of Englewood has surplus water rights that .could be leased, sold or become part of a regional service author ity, with an appropriate reimburs e ment for the capital investment of Englewood". Englewood and Company estimate that the quantity of surplus water owned by Englewood ranges .from a minimum of 5, 000 acre feet to 10,000 acre feet or more. 7400 SOUTH ALTON· ENGLEWOOD· COLORADO 80110 • 303/770 -7750 • I • I I )- :·I ! • city of Englewood October 31, 1978 P age 2 • • - Englewood and company intend to ascertain th e quant ity, utility, and value of any surplus water as fo llows: 1. camp, Dresser and McKee, Inc, (.engineers f o r Englewood) and Jack G. Raub Company (engineers for Company ) have agreed upon a scope of work to be performed under the direction of Camp, Dresser and McKee, Inc. The scope of work for Phase I -Inve sti gation is a ttached hereto as an exhibit, and incorporated herei n. The tasks required by sections I a nd II of the scope of work shall be performed by zorick-Erker Engineering, Inc. with assistance as appropriate from Ronald K . Blatchley and David N. Church, the engineers responsible for preparation of the Blatchley~ CH2M Hill Report. The tasks required by Sections III, IV and V of the scope of work shall be performed by Camp, Dresser and McKee, Inc., and within sixty (60 ) days from the date of this letter agreement, a preliminary report s ha ll be completed by camp, Dres ser and McK ee, Inc., in- corporating the fi nding s of zori ck-Erker Engineers, Inc . and s ubmitted to Jack G. Raub Company for review and analysis . Up on request of City or Company the time of completion de s cribed above ma y be extended thirty (30) days. 2. camp , Dresser and McKe e, Inc., (for Englewood) and Jack G. Rau b company (for company) shall review th e repo rt and conciliate any differences which may arise concerning the objective of p rod ucing, within ninety (90) days fro m the date of this letter-agr eement, a final report upon which both engineering consultants hav e agreed. If camp, Dresser and McKee, Inc .. and Jack G. Raub Company cannot agree, the report shall be completed b y Camp , Dresser and McKee, Inc., with areas of disagreement noted in a special appendix to the report. 3. Upon completion of the report , cop i es shall be provided to Englewood and company for review and analysis . For a period of s ixty (60) d ays after receipt of the c om pleted report , either Englewood or company may el~t to request ,the __ ,9.t.her._!;,_~~ ~~ .§_tt_~.9!1.9 ..£!1_a_s_e_ . .!>iu£i-:-: d:es·c::.r:-g>§.', by-way of example, in the document entitled, "Phase 2 Investigation-:E'acility Analysis," attached to this letter agreement. Both Englewood and Company commit and pledge in good faith to negotiate wi th each other concerning the conduct of the second phase study, and concernir.g the execution of appropriate contractual documents • I • - ''. l • ! ' I i' ,. I l i I l ~- 1- l I City of Englewood October 31, 1 9 78 Page 3 • • - for completion of the work, The contr~ct for the second ph~se of the study shall include provisions for ascer- taining the value of Englewood's excess water bas ed on alternate concepts for storage, diversion, and treatmen t, as well as procedures for exclusive utilization of s uch water rights by Company. By negotiation and a greeme nt, Englewood and Company may enlarge or modify the scope of the study to include matters not desc ribed herein or in the attached exhibits. 4. E~glewood and company acknowledge that until the first phase report is completed, it wo uld be premature to negotiate the exact provisions of the con tr a ct for phase two; however, Englewood and company a gree that the essence of this agreement is to p r ovide Englewood and company a procedure for formalization of a con tract when further data is available. Accordingly, Englewood and company each pled ge to the other the highest s t a ndard of good faith in thei r negotiation s. 5. The cost of the fi r st phase of the study is estimated to be the aggregate a mount of $30,000.00. company a gr ees to pay all of such costs: approximately $4,000.0 0 directly to zorick-Erker, Engineering, Inc.; a pproximately $4,500.00 to Jack G. Raub company; and approxima tely $21,500.00 to Englewood for payment to camp, Dresser and McKee, Inc., Blatchley Associates, Inc. and James o. Geissinger, attorney . In consideration thereo f, Englewood agrees it shall not offer for sale, leas e or exchange, nor in fact sell, lease or exchange any of its water, unt il three (3) months following cowp let.io n of t h e f i rs t phase study , or, if undertaken, until eighteen (1 8) months following complet i on of the second phase stud y , ex c e p t that short term leases not exc eedin g one y e ar may be executed to ass u re uti li zation of Englewood's wa t er d urin g the study periods .' If, during the periods when Englewood shall make no sale, lease or 'exchange, as aforesaid , Englewood shall receive any bona fide offer for the sale, lease, or exchange of its water which it wishes to accept, it shall advise company, and until fifteen (15) months from the date of such~t~fjcatio n , or until eighteen (18) months following the completion of the second phase study, whichever shall first occur, company shall have the first option to pur - chase, lease or excha nge such water, upon the same ter.ms and cond itions offered Englewood • • I • , I • : f ff ( I ; I , j I ~ I • .! .. i . .\., • City of Englewood October 31, 1978 Page 4 • • • .. If the foregoing conforms to your understandings, would you please so indicate by executing a copy of this letter agreement in the appropriate places. PJR:lc t::lV ~ APPROVED AND ACCEPTED CITY OF ENGLEWOOD ATTEST:~ CitYC November 6 DATE=--------------~~----~' 1978 APPROVED: __ ~~~~~~~~~~~~~~~~Directoror~s I • • • • 0 • ' I'< ' • KnR lPw ood City Counci l F.nglPwood, r o lor ado qo 11 0 \n r il 2~, 197'l r ouncilmA n; • • • This 1 etter is to inform counci J th "t the p ro pe rty owners of the 4 0 Block of S outh Penrl S treet (Ref . Pa vin g District No . 2 5) are objectin g to p~yment of s ai d i mo rovements due to faulty a nd shod d y workmenship of said im p rovements . In the 45'10 Block of South earl Street the new 1'urface i s in a ra p id state o f deterior&ti o n and in some placPs the old surf 1 ce i s alre,.d y in view. I C I ~' • I • • • t' t ( [;li\Y 21 197 9 DE PT. C'~ ':,: . .''E • • • • - 0 0 • - • BY AUTHORITY ORDINANCE NO. SER IES OF 197.~9------ • • • COUN CIL BILL NO . 22 IN TROD UC ED OY Councilman Clayton AN ORDINANCE APPROVING T HE WHO LE COST OF TH E IMPROVEMENTS MADE IN PAVIN G DISTRICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVI NG AND CONFIRM ING THE APPORTIONMENT OF SA ID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT ; ASSESS ING A SHA RE OF SAID COST AGAINST EACH LOT OR TRA CT OF LAND IN THE DISTRIC T; PRESCRIBING THE MANNER FOR THE COLLECTIO N AND PAYMENT OF SAID ASSE SS MENT S; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 3, Series of 1978, finally passed and adopted on March 6 , 1978, the City Council has created Paving District No. 25, within the City of Englewood, for the purpose of constructing and installing street and alley pa ·1ing, curb, gutter and sidewalk improvement s, together with necessary incidentals, on certain streets and al.leys within the City; and WHEREAS, the improvements authorized by said Ordinance have been completed and accepted by the. City and the whole cost of such improvements has been determined; and WHEREAS, an assessment roll has been prepared and a statement showing t he tota l cost of the im~rovements has been duly filed with the City Cou nci l; and WHEREAS, from the statement made and filed with the City Council, it appears that the whole cost of said im pr ovements i::; the amount of $899,568.76 of which amount the . City of Englewood will pay $234,901.65 leaving $664,667.11 to be assessed against the real property in the District, said a mount including costs of inspec- tion , collection and other incidentals and also including interest as allowed by law; and WHEREAS, from said statement it also appears that the City Council has apportioned a share of the whole cost to each lot or tr act of land in the District, in accordance with the benefits to be derived by said property and in the proportions and amounts -1- • I ( • • • • severally set forth in Exhibi t A attache d to thi s Ord i nance; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Confirmation of Assessment Roll. That the who le cost and apportionment of the same is hereby approved and confi rmed, and said apportionment is hereby declared to be in accordance with the special benefits which the property in the District will receive by reason of t he construction of said im provements, and a share of said cost is hereby assessed to and upo n each lot or tract of land within the District in the pro- portions and amounts as set f orth i n the assessment roll, attached hereto as Exh ibi t A. Section 2. Payment of Assessments. That the assess- ments shall be due and payable at the office of the Director of Finance of the City of Englewood, within thirty days after the final publication of this OrdinancP., without demand; provided that all such assessments may,· at the election of the property owner, be paid in in stallments, with interest as hereinafter provided. Failure to pay the whole assessment within said period of thirty days shall be co nclusive ly considered and held an election on the part of all persons :nterested, whether under disability or otherw ise, to pay in said installments . Such election shall be conclusively held and con sidered as a wa iver of any righ t to question the power or j urisdiction of the City of Englewood to construct the improve- ment s, the qual ity of th e work , the regularity or sufficiency of the proceedings, or the validity or the correctness of the as- sessments, or the validity of the lien thereof. In the event of such election to pay in install- ments, .the assessments shall be payabl e at the office of the County Treasurer of Arapahoe County, Colo rado in ten (10) equa l annual installments of principal, the first of which installments of principal shall be due and payable on or before the 1st day of January, 1980, and the remainder of said insta llments shall be due and payable successively on or before the · lst day of January, in each year thereafter until paid in full, with i nterest on the unpaid principal amount at the rate of 5.50\ per annum, commencing -2- • I • -• • • on the 1st day of January, 1980, and payable each year at the time of paying installments of assessments. Section 3. Penalty for Default or Non-Payment. Failure to pay any installment, whether of principal or interest, when due shall cause the whole of the unpaid principal to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per centum (1%) per month, or f raction of a month, until the date of tax sale, as provided by law. At any time prior to the date of the tax sale, the owner may pay the amount of all unpaid in stallments with interest at the rate of one per centum (1%) per month, or fraction of a month, and all penalties accrued and shall thereupon be restored to the right thereafter to pay in install- ments in the same manner as if default had not been suffered. The owner of any property not in default as .to any installment or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the date of the next assessment install- ment payment date. ·section 4. Discount on Payment of Assessments. Pay- ments may be made to the Director of Finance at any time within thirty days after the final publication of this Ordinance, and an allowance of five per centum (5%) will be made on all payments made during such period, but not thereafter. The discount of 5% shall apply to all such paymen ts, whether the payment is the entire amount of assessment due, or a part of the assessment~ Immediately after the expiration of such thirty day period, the assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, as provided by law. Section 5. Assessment Lien. All assessments levied against the real property in Paving District No. 25, together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same, shall constitute, from the date of the final publication of this ordinance, a perpetual lien in the several amounts assessed against ·each lot or tract of ( land. Such lien shall have priority o ver all other liens except general tax liens, and shall be enforced in accordance with the laws of the State of Colorado. -3- • • I • ( • • • • If any tract of real property included within Paving District No. 25 is hereafter divided or subdivided into two or more such tracts or parcels, th~ Director of Finance, with the assistance of the Director of Public Works, is hereby auth- orized and directed to divide the assessment against . such tract in the same proportion that the tract itself is subdivided into two or more such parcels, and to certify the revised assessments to the County Treasurer of Arapahoe County, Colorado. Section 6. Payment of Special Assessment Bonds. The amount of assessments -herein levied against the property specially benefited, in the total amount of $664,667.11 will be in an amount sufficient for the payment of the outstanding bonds previously issued for Paving District No. 25, dated June 1, 1978, in the principal amount of $767,000. Section 7. Severability. That if any one or more sections or parts of this Ordinance shalL be adjudged unenforce- able or invalid, such judgment shall not af feet, impair or in- validate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 8. Emergency Provision. By reason of the fact that bonds of Paving District No. 25 are now outstanding and that interest thereon will shortly become due and payable, funds must be made available from assessments at the earliest possible date for payment of such interest, and for the immediate pre- servation of the public property, health, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect upon its final passage. Section 9. Repealer. All ordinances, or parts thereof, in conflict herewith are hereby repealed. Section 10. Heari!!.i· In accordance with the City Charter and the Municipal Codu of the City, the City Council shall hold a public hearing on thi J ordinance, before final passage, at 7:30p.m., or at such later time on May 14, 1979, as Council is able to hear it in its normal course. -4- • I • - ( • • c • • • • S e ctio n 11. P ub lica t io n a nd Ef f ective Date. This Ordinance, after its final passage, shall be numbered and record- ed, and the adoption and publication shall be authenticated by the signature of the Mayor and the Director of Finance, ex-officio Ci ty Clerk-Treasurer, and b y the Cert i ficate of Publication. This ord i nance shall take effect immed i ately upon final passage and shall be published with i n seven d a y s thereof. INTRODUCED AND READ This 2nd day of April, 1979. ( S E A L ) ATTEST: Director of Finance FINALLY PASSED AND ADOPTED ON this -----------· 1979. Mayor ATTEST: Director of Finance -5- Mayor day of • I • ( ( • • • • RESOLUTION NO. SERIES OF 1979 ____ _ A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A SITE FOR CONSTRUCTION OF A FIRE STATION. WHEREAS, to protect the health, safety, and welfare of the citizens of the City of Englewood, it is necessary to construct a new fire station in the southeast corner of Layton Avenue and South Acoma Street in the City of Englewood; and WHEREAS, there is a public need to acquire additional real property to construct the improvements; and WHEREAS, negotiations for the purchase of the properties herein necessary may be unsuccessful. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows: Section 1. _That the City staff is here b y a u thorized and directed to negotiate for the purchase of the following described parce ls, and should the City staff be unable to agree with the owners of the parcels as to the fair market value , then the City Attorney is authorized to commence action in eminent domain to condemn the following parcels of real property as authorized by law : A parcel in SW l/4 of Section 10, Township S South, Range 68 West of the 6th Principal Meridian, described as beginning at a point SO feet We st of centerline of South Broadway and on the South line of West Layton Avenue; thence South 7S feet; thence West 266 feet; thence North 7S feet; the nce East 266 feet to beginning, containing approximately 19,9SO square feet; And a parcel in SW l/4 of Section 10, Township S South, Range 68 West of the 6th Principal Meridian, beginning SO feet West of centerline of South Broadway and 100 feet South of center- line of West Layton Avenue; thence West 266 feet; thence South lSO feet; thence East 266 feet; thence North lSO feet to point of beginning, containing approximately 39,900 square feet; Both in the County of Arapahoe , State of Colorado . • I ( • • • • Section 2. That the Director of Fin ance, ex officio City Clerk- Treasurer, i s hereby authorized and directed to appropriate , set aside and hold for all necessary judgments and awards sufficient sums to be paid as just compensation to the owners of the properties to be taken. That such appropriation not be less than the highest appraisal value for the parcels in question. ADOPTED AND APPROVED this ______ day of May, 1979. Mayor Attest: ex off~cio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1979. ex offic~o City Clerk-Treasurer -2- • I