The URL can be used to link to this page

Home My WebLink About1978-02-21 (Regular) Meeting Agenda• • - CITY COUNCIL MEETING February 21, 1978 REGULAR • • '-- • • • / COUNCIL CHAMBERS CITY OF ENG LEWOOD, COLORADO F e b r u ary 21, 1978 REGULAR MEETIN G: Th e Cit y Co uncil of t he City o f En g l ewoo d, Ar a p a hoe Cou n t y , Co lor a do, me t i n r egul a r session on Fe b r u ar y 2 1, 197 8 at 7 :30 p .m, Mayor T a y lo r, presi d i ng, cal l e d t h e meeting to order . Th e invocation wa s g i ven by Councilman Davi d C l a y to n. Th e Pl e d ge of All egia n ce was l e d by Boy S c out Tr oo p #154 . Ma yor T a ylor as k e d f or r oll ca ll. Upon a ca ll of t he roll , the f o l l o wing were prese nt: Co un ci l Member s Wi ll iams, We b e r, Smith, Ha rp e r , Cl ayt on, Ma nn, Ta y lo r. Absent: None . The Mayor declared a quorum pr esent . Also present were: City Ma nage r McCow n Assist a nt City Manager Curn e s Cit y Attorney Berardini Director o f P ubl i c Works Wa ggone r Director of En gin eering Services Di e de Dir ect or of Libraries Lut e Dir ecto r of Finance/Cit y Clerk Ja me s De puty Cit y Cl e rk Wat kins * * * * * * COUNCILMA N SMITH MOVE D TO APPROVE THE MINU TE S OF THE SPECIAL ME ETING OF JANUARY 30, 1978 . Councilma n Harper s eco nded t he motio n . Upo n a call of the roll , the vote resulted a s fo llows: Aye s: Nays: Co uncil Members Willi am s, Webe r, Smith, Har p e r , Clayton, Man n, Taylor , No n e . The Mayo r declar e d the motio n carr i e d . * * * * * * • I • • n '- F bruary 21 , 197 8 P age 2 • • - COUNCILMA N MANN MOVED TO APPROVE THE MIN UTES OF THE REG ULAR MEETING OF FEBRUAR Y 6, 1978 . Cou n c ilma n Ha rp e r second e d t he motion . Upo n a ca ll of the r oll, t he vo te r e sul te d as f ol -l ows: Ay e s: Counci l Mem b e rs Wil U am s , We b e r , Smi t h , Ha rper , Clayto n, Ma nn, Ta ylor . Nays: None . Th e Mayor declar e d the motion carri e d. * * * * * * Pre -scheduled visitor Ron Rinker of Barker , Rink e r, Seacat Architects, Inc., 1770 Blake Street, Denver , appeare d b efore t he Council a nd di s cuss e d he Engl e wood Librar y r e novation bid opening held F e bruary 14 , 1978 . Mr . Rinker st a ted that the bidd i ng was o n su b-contracts wi t h 19 sub-sections bi d upon. Mr. Ri nker stated the t otal of the low bids was $13 0,561 a nd is below the ar c h it e cts construction estima te of $135,993 . COUNCILMAN CLAYTON MOV ED THAT THE CITY CO UNCIL ACCEPT THE SUMMARIES PROVIDED BY THE STAFF OF THE LOW BIDS AS PRE SENTED . Council ma n Willia ms s ec ond e d the motion . Upon a call of t he roll , the vote r e sult e d a s follows : Ay e s : Na ys: Co uncil Mem b rs Wil l iams , Webe r, Smit h , Ha r pe r, Cl a y to n, Ma nn, Tayl or . None . Th e Ma yor d e cla r e d the mo ti o n ca r rie d . * * * * * * Pre -sch e dul e d vis i to r Rick Arber of CH2M Hill Cons ul t - ing Engineers , 1 2000 E. 47 t h Ave n u e, De nv e r, a pp ea r e d b efo r e Lhe Counci l an d discusse d t h e bids submi t te d for t he co n str uc tio n of the McLe l la n Ra w Wate r Pumping Station on Fe b r u a ry 14, 1978 . ~-Arber stat d Lh at two bids were su bmi t t e d a nd t h e lowe r bi d ~as from Grimm Conslruction Compa ny, I nc . f or $2 36,9 10 . Mr . Arber stated this (igure wa s sti ll withi n t h e bud get l im i t s even though Lhe c>ngineers c>stlmate wa s $19 6,000 . Th e r efore , he r comm nd e d Llrnt the Ci Ly accept the bi d from Grimm Construction Compa ny , Inc . Ci Ly Manage r McCow n informe d Lhe Co unci l t hat the o r- dinance to acq u ire t h e lan d (o r the pum p stat i o n mu st b e acte d upon first before the Counci l ca n ace pt t he l o w bid . I • • n '--- Fe b ruar y 21, 1978 Pa g e 3 • • - COUNCILMAN SMITH MO VED TO TAK E AGl::N DA ITE M 6B AN ORD INANC E ON FINAL READING APPROVING A CONTRAC T FO R THE EXCHANGE OF RE AL ES TA TE BETW EEN K. C. ENSOR AND THE CITY OF ENGLEWO OD OUT OF ORDER. Coun c il- ma n Ma nn s econd e d the mot i o n. Upo n a cal l of t he roll, th e vo te res ul te d a s f ollows: Ay e s : Coun ci l Membe rs Willi a ms, We b e r, Smith, Ha rp e r, Cl a y ton, Ma nn, Taylor . Nays: None. The Ma yor de clare d the motion car r ie d. INTRODUCED AS A BILL BY COUNCILMAN SMITH . BY AUTHORITY ORDINANCE NO. 4, SERIES OF 1978 AN ORDINANCE APPROVING A CONTRACT FOR THE EXCHANGE OF REAL EST ATE WHEREBY THE CITY OF ENGLEWOOD, COLORADO SHALL GRANT CERTAIN PRO- PERTY TO THE ESTATE OF K. C. ENSOR AND THE ESTATE OF K. C. ENS OR SHALL GRANT CER TAIN PROP ERTY TO THE CITY OF ENGLEWOOD, COL ORAD O FOR USE AS A PUM P IN G STATIO N. COUNC ILMA N SMl TH MO VED TO PASS ORDINANCE NO. 4, SERIE S OF 1978 ON FI NAL REA DING . Councilma n Clayton s econ de d t h e mo t ion . Upo n a ca ll of t he ro ll, th e vo t e r e sult e d a s fo ll ows: Ay e s: Na y s: Counci l Me mbers William s , W b e r, Smit h, Har pe r, Clay ton, Man n, Ta y lo r . No n e . Th e Mayo r dec l are d t h e motio n carried . COUNCILMA N MANN MOVED TO ACCEPT THE ESTIMAT E OF $2 3 6,91 0 FOR CONSTRUCTIO N OF TH E MCLELLAN RAW WATER PUMPIN G ST ATIO N. Coun - cilma n Wi l li am s s eco nd e d the moLio n . Upon a call of the roll, Lhe vote res u lted a s fo l lows: ~ye s : Cou n cil Members Willi am s . w ber, Smit h, Harper , Clay on, Ta ylor . 1ays: Counci l Mem ber Ma nn . The Mayo r dec l are d the mo tio n carried . * * * * * * I • • February 21, 1978 Page 4 • • - Pre-sch edul e d visitors W. Braden a nd James Gr aham from Swedish Ho s pital, ap p eare d b ef ore the Council an d discus se d thei r request that the City issue Industrial Revenue Bonds for Swedish Hospital in the amo unt of $1 5 million. COUNCILMAN SMIT H MO VED TH AT THE ABOVE MATTE R BE PLACED ON THE AG EN DA FOR MARC H 6 , 1 9 78, DURIN G THE REGULA R 5:0 0 P .M. STUDY SESSIO N. Councilma n We b er secon d e d t h e motion . Councilma n Clayton asked for t h e Cit y Attorney 's opinion and ruling on whether he coul d p a rticipate in voting on this matter since his wife is emp l o y e d b y Swedis h Hospital a n d if this would present a conflict of interests . City At orney Berardi n i stated that Councilman Clayton coul d vote on the motion to place t h e matte r o n t he study session agenda an d he did not foresee a ny further problems . Councilman Clayton stat e d that he woul d vote o n the motion and requested the City Attorney provide h i m wi th a more definitive answer on his participation h ereaf ter . Upon a call of the roll, the vote res ul te d as follows: Ayes: Nays: Council Members Willi am s, Weber, Smith , Harper , Cl a yt o n, Man n , Taylor . None . The Mayor d e clar e d t he motio n carried . * * * * * * Pre-sc h ed ul e d visi tors r e pr •se nting t h e So u t h S a nta Fe Drive annexat ion we re not pr ese nt . * * * * * * Pre-schedule d visitor Ron Lo fli n of International Con- tai ner Company, appeare d before t he Council a nd introduced J e rry Knight , Corpor ate Officer of ICC , 1603 Wolv eri ne , De catur , Ala- bama . Mr . Knight discussed a request to pr ese nt to Council a proposal for the placeme nt of litter receptacles in the co r-porate limits of Englewoo d . CouncilmR n Smit h r e qu este d that Mr . Knight provide a list of t he cities that are curr ntly using the containers a nd a samp le of the container Lo the Dir •ctor of Public Works Kells Waggo ner . • I • • ..... - F e bruary 21, 1978 Page 5 • • • In a nswer t o City Manager McCown 's question, Mr . Knight stated t h a t t he City wou ld be r es ponsible for pi cki ng up the ga r - bage a nd ICC wou ld be r es pons i ble fo r t he maintena nce of t h e co n-tainers . In a n swe r to Mayor Tayl o r 's qu es tio n , Mr . Kni g h t stated that there is no minimum number of containers r e quired a nd ICC is willing to n c giot a te a cont ra ct for an y nu mbe r of y ear s that the Council d e sires . Mayor Taylor t h a nk e d Mr. Kn igh t a nd informed h i m that the Council would co ntact him lat e r if the Council d cide s to pursue this matter any further . * * * * * * Mayor T aylo r as k e d if there we re other visitors who wer e not pre-scheduled but wish e d to spea k to the Council No one repli e d . a t this time . * * * * * * COUNCir,MAN SMIT H MO VJ::D TO OPEN THE PUB LIC HF:ARING ON PAVING DISTRICT NO . 25 . Council ma n Mann second e d the mo tion. Upon a ca ll of the ro ll, the vote resu lted a s follow s: Ayes: ays: Cou ncil Mem b er s Wil li am s , Webe r, Smit h , Ha rper, Cl a yt o n, Ma nn , Ta ylor . None . The Mayor decl are d Lh e mo tion arried . Mayor T a ylor asked lf a n yo ne was i n f a vo r of the p aving district a nd if s o to come forwar d to ap p ea r be [ore t he Council . No o n e from t he au di e nce repli e d . City Man age r McCown tr a n s mitt e d the r esu lts of a tele- phone survey take n of t he own e rs in the 4100 block of Sout h Huro n Street t o dc t rmine whether or not t h e y wanted to remai n in the p a ving district . Cit y Manage r McCown state d that fo ur prop ert y owners pr (e rred to rema in i n the paving d istrict; two had n o preference but agree d to g o a long w ith t h e majorit y; a nd one propert y owne r co u ld not b e co nt acte d. * * * * * * Mayor Taylor aske d if Lh e r e wa s anyone aga inst the paving district . • I • • n M - '--- • F e bruary 21, 1978 Page 6 • • • Councilman Smith ntere d into the r e cord a petition sign e d by 2 7 property owners of the 3200 block of South De la- ware protesting their inclusion into the paving district . Councilman S mi th e nt ere d into the r ecord a letter from Gl e nn W. Dod so n, 1705 P a rk, Gr ea t Be nd, Ka n sa s , protesting the paving of the 3200 blo c k o f South De l awa re . Councilman Smith nt e red int o the r e cord a letter from Mr . a nd Mrs . M. Lop e z, 3265 S. Del a ware objecting to t he paving district . * * * * * * The Clerk e ntered into the r e cord a letter from Ms . Marianne Scofield, 645 South Wa s hington Circle, prot e sting t he inclusion of South Was hington Circle into the pav i ng district. Th e Clerk entered into the r ecord a p et ition signed by 39 property owners protesting the inclusion of the 4100 block of South Elati into the paving dis tr ict. The Cl e rk e nt e red into the recor d a petition si g n e d by 95 prop e rty owners protes ting t he inc l usio n of Union Street into the paving d istric t. * * * * * * L awre nce Kendall, 4690 So u t h Grant , a ppeared bef ore the Council as s p o k es ma n fo r t he grou p prot •s ting t he paving of Union Str ee t i n Paving Distr ic t No . 25 . Mr . Kendal l stated his group does not feel t he sLr ee t nc •ds to paved at t his time . Mr . Ke ndall reca ll e d the street was r esu rf ace d not l o ng ago at the City's expe nse a nd queri e d the Cou nci l o n why t he s tr ee t should be in - clud e d in a paving district . Di rector of Public Works Waggoner appeared b efo r e the Counci l to answer Mr . Kendal.l 's qu e stion. Dir ect or Waggoner stated t h at storm sewer s we re plac e d i n the stree t a few y ears an d th e repai r aft rwards wa s to s us tain the stree t until it could be pl ace d int o a paving district . Mr. Kendall a lso s 1 te d t h a t ma ny reside nts in this are a are s n ioc cili z ,m s o n .. f ix e d income a nd the as sessm e nt cost s woul d be too muc h of a fina ncial burde n for them . * * * * * * • I • • • February 21 , 197 8 Page 7 • • - Mr. Har o l d Jone s, 3 2 85 So u t h Delaware , app ea r e d before t h e Cou n ci l t o req u es t t hat t h e 3 2 00 b l ock of S ou t h De l aware be de - lete d fro m t h e pa v i ng d i s t ri c t . Mr. J o n e s re f e rr e d t o t h e peti - tion t h a t wa s e n te r e d i nto t h e record ear l ie r. Mr. Jon es a l s o stated t h a t t h e re s i d e n t s co u l d not afford to p a y t h e assessmen t cos ts. Counc i l ma n Ma nn r e q uested th e Dir e c t or of Public Works Waggoner to r e s ta t e what the City's costs we re to ma int a in the 3200 block of South De l a wa re a nnu a lly . Director o f Public Works Waggone r stated t he co s t s run a pprox imate ly b etwee n $2,000 -$4,000 an n ua l l y a s r e p o r te d f rom the S t r e et Superint e ndent. Council ma n Clayton r e qu e st e d Dir e ctor of En gineeri ng S e rvic e s Diede t o l oca t e a re port pre p a r e d on the b ase of t h is st r ee t . In a nswe r to Councilman Cl a yton's questi o n, Director o f P u blic Wo r ks Waggo n e r sta te d t hat t he 3 2 00 b loc k of Sout h Dela - ware h a s n e v e r b ee n pl a c e d i n a p aving district b efore . * * * * * * Bever l ee Howe , 3 2 55 South Delaware , appeared before the Counci l a nd protested t h e p a v ing o f t he 3 2 00 b lock of Sout h Dela - wa re . Ms . Howe attr i b u te d t he mainte n a n ce expense to the l e ng t h lime s he h a s witn e sse d cr ewme n take r e pairin g t h e stree t rath e r t h a t the cos t o f mate r ial s. * * * * * * Betty Bo lis, 7010 Sout h Pl a l te Ca nyon Roa d, Li t tl eto n , appea r e d b efor e Co uncil a nd stated t h at s h e a nd h e r hus b a nd own d pro p e rt y at 4 70 0 Sout h Sh erma n wit h Union Str ee t runn i n g o n the north side of the property. Mrs . Sh erman stated that the y did not object paying f or the cur b a nd gutter but objected t o paying fo r the assessme nt of paving the street . Mrs . Sh erma n stated she thoug ht Lhe slrcet wa s in goo d condition and did not n ee d to be paved . * * * * * * G . B . Story , 4150 South Elati , a pp eare d b e fore Council a s spok sma n for the group prot esting the paving of the 410 0 bl oc k of Sout h Elati . Mr . Story r efer r e d to t he p et ition e ntere d int o the recor d earlier a s representing al l of Lhe propert y o wn e r s • I • • r, '-- February 2 1, 1978 Page 8 • • • with the ex ception of one landlord . Mr. Story stated t h at h is grou p did not think the street ne e d e d to be pave d at t h is time . * * * * * * Mr . Notz, 4703 South Sh erma n, ap p eare d before t he Coun- ci l a nd stated h e prot ested the paving of Union Str ee t. Mr. Notz stated t he street o nly n eede d curb an d gutter installation a nd as k e d t he Council i f a curb and gutter could be co nstruct e d with-o ut paving t he stree t . Dir ecto r of Public Works Waggoner stated t he only time a cur b a nd gutte r is insta lled by itself is in a sidewalk district . Director Waggoner stated that it was not City policy to only install a curb an d gutter in a paving district . * * * * * * Director of Engineering Services Di e de r eturn e d to t he Council Chambers with a report on t he findings of South Delawa re . Di recto r of Public Works Wa g gon e rs read from the report stating t h e tests were taken i n 1972 by Henry Duran t a nd the resu l ts show 1 1/4 to 2 inches of asphalt an d no b ase . * * * * * * William Hayd e n, Union and Logan Streets, appeared be- f ore Counci l and protested t h e paving of Union Str ee t . * * * * * * ~a yor Taylor as ked if there wa s a nyone else wishing to speak i n favo r or a g a inst t he paving district . No one replied . * * * * * * COUNCILMAN MANN MOVED TO CLOSE THE PUBLIC HEARING . Coun - cilma n Harp e r second d the mot i o n . Upo n a ca ll of the roll, Lhe vote resu l te d as follows: Ay e s: Council M ,~ ers Willi am s, We ber , S mith , Harper , Clayton, Mann, Ta ylor . Na ys: None . The Mayor d ec l a r e d the motio n carried . ·k * * * * * • ( I • • n '-- Februar y 21 , 197 8 Page 9 • • • COUNCILMAN SMIT H MOVED TO TAKE AGEND A ITEM 6A -/\NOR - DINANCE ON FINAL READING CONC ERNIN G PA VIN G DIS TRICT NO . 25 -OUT OF ORDER . Council ma n Clayton seconde d t he mo tio n . Up o n a cal l of t h e roll , the vote resulted as follows: Aye s: Na ys: Council Mem b ers Willjams , Web e r, Smi t h, Har per , Clayton, Ma nn, Ta ylor. No n e . The Mayor declare d the motion carried . * * * * * * INTRO DUC ED AS A BILL BY COUNCILMEMBE R CLAYTON BY AUTHORIT Y ORDINANCE NO . 3, SERIES OF 1978 AN ORDINANCE CREATIN G PAVING DISTRICT NO . 2 5 IN THE CITY OF ENGLE WOOD, COLOR ADO, ORDERING THE CONSTR UCTION AND INSTALLATION OF STREET AN D ALLEY PA VING, CURB AN D GUTTER AND SIDEWALK I M- PROVEME NTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYM ENT FOR SAID IMPROVEMENTS; PRO VIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS . COUNCILMAN CLAYTON MOVE D TO PASS ORDINANCE NO . 3, SERIES OF 19 78 . Councilman Smith seconded the motio n . COUNCILMAN MANN MOVED TO POSTPONE ORDINANCE NO . 3, SERIE S OF 1978 U TI L THE NEXT REGU LAR COUNCI L MEETING , MARC H 6 , 1978 . Council ma n Williams seconde d the motio n . City Ma nager McCown requested t h e Di recto r of Public Work s to appear bPforc the Council an d state t he time sch e dule planne d fo r the paving district . Director of Pu bl i c Works Waggoner stated t hat pl a ns and specifications are projected to go out April 10; the notice to contractors a nd bon d sa l e is proj ct e d to go out April 3; a nd the permit cut-off date is prior before April 3 . I Di re ctor of Public Works Waggoner t h e n asked t he Cit y Attorney to commen t on the time schedu l e fo r the paving district . City Attorney Berardini stated it would be possible for the Council to amend the ordinance o n March 6th with publi- atio n in its amen d d form March 8th; pass t he fina l ordinance on Marc h 20t h wj th publi ation on Ma rch 22nd an d still stay within Lhe time frame plann d fo r the 1 ttinis of bonds on Ma y 1 st. • I • • n '-- February 21, 1978 Page 10 • • • In answe r to Dir ector of Public Works Waggo n e r's qu estion, City At torne y Berardini stated tha t the Council did not have to hold a noth e r public h ea ring if the ordin a nce wa s postponed . Mayor Taylor recogni zed a visi to r in the audience who had raised his h a nd to speak . Willi a m Hayd e n, Union and Loga n Street, ap p e ar e d be- fore the Council a nd asked the Council t o conside r the peti- tions b efore passing t he ordinance . Coun cilma n Cl a yton clarified the mo tion that was on the floor . Mr. Hayd e n t h a nked Councilman Clayton and a pologized t o the Council. Upon a call of t he roll , the vote resulted as follows: Ay e s: Nays : Council Memb er s Will iams, Harp e r, Clayton, Mann, Tayl o r. Council Members We b er , Smit h. The Mayor declare d the motio n carried; inform e d t he audi e nce that the ordina n ce will be h ear d again on March 6 t h an d welcome d eve ryone to atte nd the meeting . * * * * * * Mayo r Tayl o r declared a recess at 9 :1 0 p.m. The Council reconvened at 9 :30 p.m. Up o n a call of the ro ll, t he foll owing we1 :e prese nt: Counci l M mb er s Willi ams , Web e r , Smith , Harpe r, Clayton , Man n, Taylor . Absent: None . The Mayor declare d a quorum pr ese nt . * * * * * * "Communications -No Action Recommended " on the agenda were r e cei.ved: (a ) Minutes of the Engl ew ood Housing Authority meeting of Janu ar y 4, 1978 • • I • • - \ February 21, 1978 Page 11 (b) (c) (d) • • - Minut e s of t h e Boar d of Adjus tme nt a nd App e als meet ing of J a nu ar y 11, 1978. Minut e s of the Pl a nning a nd Zonin g Commission mee ting of J an uary 17, 1978 . Minutes of the De nv e r Region a l Co uncil of Governm e nts mee ting of January 18, 1978 . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMI TH. A BILL FOR AMENDING SECTION 8, CHAPTER 3, TITLE V OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO 'P ROMOTIONS ' WITHIN THE CLASSIFIED SERVICE OF THE CITY . COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDI- NANCE ON FIRST READING . Coun c ilma n Ma nn second e d the motion. Councilman Willi ams objected t o t he p ro b a tionary p riod r e quireme nt fo r a promote d em ployee . lows: Upon a call of t he roll , t he vote r es ult e d a s fol - Aye s: Na ys: Council Me mbers Wi ll iams , Weber, Sm ith, Harper, Clay ton, Ma n n, Taylor . None . The Mayor dec l ar e d t he mot ion CRrrie d. * * * * * * RES OLUTION NO. 9, SERIES OF 197 8 RES OLUTION APPOINTIN G HAYDN A. SWEA RINGE N, ES Q., ASS OC I ATE MU NICIPAL JUDGE FOR THE CITY OF ENGLEWOOD . COUNCILMAN WILLI AM S MOVED TO PA SS RESOLUTION NO . 9, SERIES OF 197 8. Council ma n We ber seconde d the motio n. Upon a ca ll of t he rol l, the vote r es ul te d as follows : Ayes: Counci l Mem b e rs Wi lli ams , Web e r, Smit h, Harpe r, Cla yton, Man n, Taylor . • I I • • February 21, 197 8 Page 12 Na ys: None . • • - "'· The Mayor dec l are d the motio n carried. * * * * * * City Attorney Berardini informe d t he Council h is in - vestigation into t h e owners hip of the Dun c a n Par k s hows t he lan d belongs to the schoo l and was l eas e d t o the City i n August of 1968, for a p eriod of twe nty-fiv e y ea rs . COUNCILMA N CLAYTO N MOV ED TH AT THE COUNCIL REFER THE MATTER OF THE POSSIBILITY OF NAMING THE SO UTHWES T GREEN - BELT TO JOHN ROTOLO TO THE PARKS AND RECREATION DEPARTMENT. Councilma n Ma nn second e d the motion. Upon a ca ll of t he roll, t he vote r e sulted as follows: Ayes: Nay s: Council Membe rs Willi am s , We b e r, Smith, Ha rpe r, Clayton , Man n, Taylor . None . The Mayor declared t h e motion c arrie d . * * * * * * Cit y Ma n age r McCown presented a memora ndum from t h e Dir ecto r of Pu blic Works conc er ning the Broadway Si g n a l Control-ler Updating . COUNCILMA N MAN N MOVcD TO APPROVE THE CONTRAC T FRO M YALE TO IIA PDE N FOR TH E MASTE R AGREr:MENT FOR FEDER AL AID-URBA N SYSTEMS AN D THE CIT Y OF EN GLEWOOD . Councilma n Sm i t h secon d e d t he motion . Upo n a cal l of t he ro ll, the vote r es ult e d a s fo l-lows : Ayes: Nays : Council Members Willi ams , Weber , Smi t h , Harpe r , Clayto n, Man n, Tay lor. No ne . The Ma y o r declared the motio n carried . * * * * * * City a nager McCow n r e qu 0 st e d that agen da item 7b '' i· 0rn or a ndum from the Directo r of Fin a nce Lo t he City Manager co n- ce rning tel 0 phone bids " be delayed until the l atte r part of th e m~eting . Counci l agr ed . * * * * * * • I • • - • February 21, 197 8 Page 13 • • • Cit y Manager Mccow n pr ese nted a me morandum from the Director of Engineering Services t o t h e Dir ecto r of Public Works concerning four more co n crete sidewalk an d curb repairs in addi - tio n t o the previous list submitted to Council on February 6, 197 8 . COUNCILMA N CLAYTO N MOV ED TO IN CLUDE THE FOUR ADDITIONAL LOCATIONS IN THE LIST OF SIDEWALKS TO BE REPAIRED . Council ma n Willi ams seconde d the motion . Upon a call of the rol l, t h e vote r esu lt e d as follows: Aye s: Na ys: Council Members Willi ams , Webe r, Smit h, Harper, Clayton, Mann, Ta ylor. None . The Mayor declare d t h e motio n carried . * * * * * * City Mana ger McCow n prese nt e d a memorandum from Admini- strative Assistant Hug h Brown concer ning the Fire Departme nt's re - ques t for a n out-of-state tri p for trai ning p ur poses . City Manaeer McCown stated the tr aini ng seminar i s being sponsore d by the National Fire Acad emy an d is being conduct e d at Rapid City , Sou t h Dakota . City Manaeer McCow n stated Fire Chi e f Beeson is r e qu esti ng that Assista nt Chief Braune iter attend this seminar . COUNCILMAN SMITH MO VED THAT CHIEF BRAUNREITER BE ALL OWE D TO ATTl::ND THE SEMINAR IN RAPID CITY , SOUTH DAKOTA . Councilman Clayton s con ded the mo tion . Upo n a cal l of the roll , the vote res u lted as follows : Ayes: Nays: Counci l Mrmber s Willi am s , We ber , Smit h , Harper , Clayton, Man n, Taylor . one . The Mayor d•clare d t h e motio n carried. City ~nager McCown stated the staff is pr paring a comprehensive training pr og ram for all City em ploy ees and present pl ans are to submit t he program to Counci l at the n xt regular Council meeti ng . * * * * * * RESOLU110N NO . 10, SERIES OF 1978 A RESOLUTION SUPPO RTING SENAfE lH LL 46 Rl·:LATIN G TO POLICE AN D FIRE PENSlON FUNDING . • I • '- • February 21, 1978 Page 14 • • • COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO . 10 , SERIES OF 1978. Councilma n Webe r seconde d the motion . Upon a call of the roll, the vote resulted as f ollows: Ay e s: Nays: Council Member s Willi am s, Web r, Smi h , Ha rp e r, Clayton, Man n, Ta yl or . None. The Mayor declared the motio n carried . * * * * * * RESOLUTION NO. 1 1 , SERIES OF 197 8 A RESOL UTION OPPOSING HOUSE BILL 1095 RELATING TO CIGARETTE TAX. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 11, SERIES OF 197 8. Councilman Man n seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Web e r, Smith , Harp er , Cl ayto n, Mann, Taylor . None . The Mayor declared the motion carrie d . * * * * * * RESOLUTION NO . 12, SERIES OF 1978 A RESOLUTION OPPOSING HC R 10 04 RELATING TO TAX EXEMPTIO N OF RE -SIDE TIAL PROPERT Y. COU GILMAN MANN MO VED TO PASS RESOLUTION NO . 12 , SERIES OF 1978 . Councilman Williams seconde d t he motion . Upon a cal l of the roll, the vote resulted a s follows: Ay e s: Nays: Council M mbers Willi ams , Weber , Smith , Harper, Clayton, Man n, Taylor . None . The Mayor declared the mo tion carried . * * * * * RES OLUTION NO . 13, SERIE S OF 1978 A RES OLU T [QN TO OPPOSE SENATE BILL NO . 43 RELATING TO HIGHWAY USERS TAX FUN D. • I • • ,_ February 21, 1978 Page 15 • • - COUNCILMAN WILLIAMS MOVED TO PASS RES OLUTION NO . 13, SERIES OF 1978 . Councilman Mann seconde d the motio n . Councilman Harpe r stat e d he wa s agai nst the concept of dividing up sales taxes and labeling certain parts of it to go to certain p ar ts of governme nt b eforehand . Ayes: Nays: Cou n ci l Members Willi am s, We ber , Smith , Clayton, Ma nn, Taylor . Council Mem ber Harper . The Mayor declared the motion c ar ried . * * * * * * RESOLUTION NO . 14, SERIES OF 197 8 A RESOLUTION OPPOSING SCR 2 RELATING TO SHARING OF PROPERT Y TAX REVENUES . COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO . 14, SERrns OF 1978 . Councilman Har p e r seconded Lhe motio n . Upon a ca ll of the roll, the vote r es ulted as follows : Ayes: Nays: Council Members Willi ams , Webe r, Smith, Harper, Cl a yton, Mann , Taylo r . None . The Mayor d e clared the motio n carried . * * * * * * RESOLUTION NO . 15, SERIE S OF 1978 A RESO LU TION /\MENDING THE 1978 GENERAL FUND BUDGET , AND ESTABLIS H- ING THE POSIT IO OF INSURANC E CLERK AT GRADE 2 . COUNCIL 1AN SMITH MOVE D TO PASS RESOLUTI ON NO . 15, SERH:S OF 1978 . Councilman W ber seconded tl1e mo tion . Upon a cal l of Lhe roll, the vote resulted as fo llows: Ayes: Nays: Council Member Williams , Weber , Smit h, Har per, Clayton , Mann , Taylor . None . The Mayor declare d the motio n carried . * ~ ~ * * * • I • • n ..... - • • - ~---------------~---------=•' Fe b rua ry 21, 1978 P age 16 RES OLUTION NO. 16, SER IF " OF 19 78 A RESOLUTION AME NDING THE 1978 WAT ER AN D Gt:NERAL BUDGETS . City Ma nag e r Mccown sLa ·e d Lh i s res olution p rovid s f or the cost of i mprov eme nts t o Lhe wate r s y stem a re to be ma rl e ; provid e s for the s e ttl eme n t of t h e Ban bury agr eeme nt; p rov id e s fo r t he s e tt l eme n t of the Brod e r ic k Wo od c ase ; a nd pr o v i d s fo r a n additio n a l $33,000 for prof es sio n a l wa t e r co unsel . COUNCILMAN SMI TH MOVED TO PA S S RESO LU T ION NO . 16, SE lU ES OF 197 8. Councilma n Man n sec ond e d th e mo tio n . Ayes: Na ys: Counci l Me mber s Willi a ms , Weber, Smit h, Harper, Clayton, Man n, Taylor . None . The Ma yor d e c l a r e d the motion carried . * * * * * * RES OLU T I ON NO . 1 7, SER I ES OF 1978 A RESOLUTION AME DI NG THE PUBLI C I MP ROV EMENT F UND BUD GE T FOR 19 78 . OF 197 8 . the r oll , cou C[L N MAN N MOV ED TO PASS RESOLUTIO N 0 . 17 , SElUr:s Counc U .ma n Smit h secon d e d t h e mo t i o n . Upo n a ca ll of t h e vote r es ul te d a s fo llo ws : Ay e s: Nay s: Cou n c il Mem b e rs Sm it h, Ha rper , Clayton , Ma nn , Ta ylor . Coun c i 1 Me mbers l h l l i ams , We b e r. T he Mayo r de cl a r e d t h e motio n carri e d . * * * * * * Ci Ly ~anaee r Mccow n discuss e d S nate Bil l No . 7 2 which provides fo r Lh e taking of a municipa l court fine ove r $1 0 .0 0; assessing a $2 .0 0 surcharge to Lhat parLicula r (in e ; a nd rebating Lhe Llo ne y t o t h e State . City ~anage r lcCow n state d t h e Slate i n Lurn places the no ne y into a tr ai ning (und fo r po li ce of(i ers . Ci t y Ma n age r M Gow n slaL('(l Lh administratio n wou ld like Lo suppor t t he b i ll; how e ve r, Lhe sL:1(f wo u ld reconmPn d I he bi 11 b e :im e n de d t o inc l ude s o me ano unt of mo ne y fo r Lhe City adn inistraL i v costs incurre d i n coll cting he fines an d rebating Lhem Lo t h e State . • I • • - ,_ ( February 21 , 197 8 Page 17 • • - COUNCILMA N SMITH MOVE D TO SUPPORT Sl::N ATE BILL NO . 72 . Councilma n Weber seco nd e d the mot i o n. A 1 nethly discussion e n s ued o n the program, the fun d- ing of the program , and the n ee d for mo r e informatio n on t he pl ans for expansio n of the progr a m. Upon a cal l of the roll, the vote r es ulted as foll o ws: Ayes: Na ys: Council Memb er s Ha rper, Ta ylor . Co uncil Memb er s Willi am s, Weber, Smith , Cl a yton, Mann . The Mayor d ec lared the motion d efeated . * * * * * * City Manager Mccow n di scu sse d a staff recommendation fo r a portion of t he General Fund Bal a nce . City Manager Mccown stated the staff would like to recommend esta b lishing a Rev e nue Adjustme nt Fund that wo uld be u se d as a source to suppl eme nt r e v e nu e s in the Gen e ral Fund wh e n t h ere are fluctuations in r evenue s a nd as a r s ult cause a di s ruptio n of current service l eve ls. City Man age r McCown f ur the r sta t e d that t his fund could be use d t o defray tax in r e ase s, s u c h a s propert y t a x, et c . The Counci l and City Manaeer Mccow n di sc ussed t he a dv a ntages an d di sad v a ntages of esta bli s h i ng such a fu nd . COU GILMA N SMIT H MO VED THA T THE COUNCIL INSTRUCT THE CITY ATTORNE Y TO DRAFT AN ORDINANCE ESTABLISHING A REV EN UE CONTINGENC Y FUN D BASED ON TH E RECOMME NDATION FROM THE STAFF WITH A BAI.A CE OF $)00 ,000 . Cou nci 1.ma n Weber seco nd e d the mo ion . A l r n g hly di scussion ens ued o n t he connatio n of a contin3cn cy fun d; h ow the balance wo uld be d e riv e d an d ap propri ate d; 10w he fun d woul d be replC'nishe d; t he desire t o allocate more no ne y into the PIF; th appr hC'nsi ve n cs s of tieing up mone y in a co ntin - een cy fun d rsus spend ing t 1 mo n e y on pr ograms an d proj cts wit h- in the City; a nd t he n ee d (or mo re i n depth study o n this r com -me:ndation . Gounci l ma n Smith withdrew hi s mot ion a nd Councilma n ~Je b <'r withdr •w his s 'cond to the motio n . layo r Pro Te rn Mann adjourn•d Lhe mee ting at 11:20 p.m . Deput y City Cl erk • I • • • • • c}-:}_/-1 Med S dd A N OV ec()n e ---..._.c. ve Wi1'~P~ ___ r-av Ab t 1 s a n Ab t sen ' ..,.,. ... .,. .. :imitr, --· ~'lrD!tl:__ Clavton Man~~-!~---. Ma _y_~..!:_E_, .: !:..J.. I' C,,(1/'~'1,t.L{) . Jj /._ /! / ,:(__l ~ 0 ((). ') ') .) {l ) tf---1) 1l ) LJ.J /J-1-) c/.....u • ]( ' ! ')' _) I._/(, --_J '/). w I • • • • • • -• • RO LL CALL H ed S ov ec'ln d d I' A ve Wi f 1 ~ ?r.-~-=-~:JV N av Ab sta n Ab t sen IJohor I,../"' :im1tr, V' -Hara~ (../" Clavton .........- Mann ....-- Ma y_or Ta yT~u~. • I . • • • -• • Moved Sec~nded Ave Nav Abstain i-----i------;.;..w.:...11:_1_;.~.?-'~-":;:,-'--·-~r_(....-"'_~-~------------t Absent I I .I-&...--.~....:;;,(/"-..J--...._----------f :im1tr, --•l--'1./"~.._-..... _----+------, 1-----i---..1<//---'_..wo. lfatr._..D!tl:,__ I ....- C 1 avton 1 c.,.,- • I • • \ • - • • • • • Moved Sec~nded •• --~ _ "'"""-.v~ ,/e~---"'N""'a....,_ v_;..;.Ab;;;.s;:..t:.:a~n~~Aa:.b.a.se""'n"'"'t'-----. 1------+------1-....;Wc.;..i:...;1;_1_;.'f:?.cr.-....;' ~-~L ..... , I IJoha~ i.,.,- :im1 t r, --·+-·-''""-'-4---+------+------I 1-------+----=V""'a.--_.+--wo.l·lll• r,...n~-,._ Clavton c..-- V Mann I ,__.. 1---...__--+------+-.Mir,a=_y oriay'f1Q'-_-'"'_.."'--~---+------+-------1 I • • • -• • Moved Sec'.lnded Av e Nav Absta n Absent Wi 11 i?r:-s--:r __ _.,. __ ...._ ___ ...._ ___ -i u-........ Sm1t r, ___ lJ... __ ,1__.._ ___ ~----, Haro!rr__~-~! _ _..._ _ _.,. ___ ---4-___ __ ~---+-----c"!'-1a ..... 1vton I '-----+----~M=::ann ____ L__-1. __ __.,_ _______ _ ,._ __ ........._ ___ ..._M _ _,,a.y_~r Ta_.Y.)_::U_-L----'------'------' ;d . A I' JJO ,S ~/ fl.,l'J cl /1 :,"'' I • I . \ • • • • RO LL CALL Moved Sec-:>nded. Ave Nav Abstain Absent V Wi11'f~T---Y- I IJohor ' I,,- :im1 t r, V - / MllrD!!r__ v-- V Clayton i..-- Mann 1 i..--. Ma y_or Ta yJ~u v-- • I . • • • -• • RO LL CALL "' ed s OY d d ec()n e A ve N ay Abt 1 s a n Ab t sen Wi 1' ~ ?r.;--~f I Wfth"r Sm1t r, I -Haro~ I Clavton I Mann .L Ma y ~r TayJ?U I /U ( I . . • • • -• • RO LL CALL M ed S ov d d eco:,n e A Wi111?~S _r-~ N av Ab sta n Ab t sen 1 Uahar V V"'" :im1tn J,,,"' -Harn!rr__ ~ Clavton I,- V Mann 1 ~ Mayor Ta y1:-:u /./ j/-/ l ~I _) • I . • • • • - • - ROLL CALL Moved Sec'Jnded Ave Nav Abstain Absent Wifnrn:s·-~ ~ ' WPhPr' : v-- 1,/' :i m1t r, I.,--u,. .. n~ i-- V Clavton c.--- Mann I -z;;;; Ma y_or Tay]_?U 1../' • I • • • • -• • RO LL CA LL Moved Na Abstain Absent t:..---.__... i.-- t.--- -=-,__- / • I . • \ • • - • • • - ~O LL CALL Moved Seconded Ave Nay Absta n Absent -~~::.....,-=.;=..:c.:.==--w-i"1-,-~--Pr.-~--VJ ·-,--~.------,------, 1.1 .. 1-, .. ,. Srn1tr, I --+---1-------------1 Harn~-I 1-------+------+~Cl!'-'-a ... vton·~--+,--+----+-----1--------1 "-------1----~M.::.:.ann .I_ ---+·---+----------i .__ __ __. ____ ,..._M-",a~or Ta yJ~!:_j_~---''---...L...-----'------' 6 J. j 7: i _,a_)_ !.ku J )' • 1:-. . . J,~ . . r • r , • ./ I . . • -• • ROLL CALL Moved Sec:inded Ave Abs ta 1n Absent Nay V Wi 1li?ir.:; -Pr 1 Woho.--L,,---+---+-----------1 V !)m1tn -~----------·---... ---+---+----------, M.i.ro~r ,--Clavto.~n----+--t..----+----1-----+------1 Mann l .__. 1------t-----,f--..M,=c..ay·or Tay)_?U -,__.-+----+-----+-----1 ..1 0~ t t) } c;; • I . • • • • - • • RO LL CALL Moved Sc~ ded Av e n ~~ I.}'_ Wi 1' ~ i'r:-.; I WPhPI_ Na Abstain Absent :im~r, --· _Hitro~r._ Cla_yton Mann ! !'ia_y or Tay]_?~ .... I I _) •. I ,It( I /{,;; {) VI,, )LL/ t: /..J .,I ( ..) i / # Y) ~ .Ie e, I I) I • 2f r\-J/ ~'-1,.. -:/.){,L {I I e_. {J.J. t I ' I /), _; ru.1 J -.,. r > ) I 11 /. ,AJ/ ' , ) '\ '\ /l / l • • I • ,!..I I I lj<.f.JC ..,1,1 ,I I • I • • • • • -• • M ed S ov d d ec()n e Wi 1 'il'r.~,;-tl A ve Nav Ab sta n Ab t sen IJ<>h<>r : :>m1tr, - Hara~ Clayton Mann 1 MayorTayi~r·! J . C.S-J,v U< , -f .J I • • • • • -• • ROLL CALL H ed S ov d d ec,n e A ve Nav Absta n Ab sent Wif1 i?r.-:; __ .l ~ -I Uftl.ft.-v- V :im1tr, '--Haroltl:_ L--- -Clavton '- I/ Mann __ .I V:: . !"~or Ta_y]_:U i-- ) f I . . • • • -• • ROLL CALL M ed S d d A N Ab Ab t OY ec!)n e 7T ve av sta n sen W1 fni'r.'.-:~-r-- u ......... :im1tr, -~ .... n .. r Clavton Mann ! May_~r Ta y)_,r J ") ~· .._,I 4 /t,0 • I . • • - • 0. I J M ed S OY d d ec~n e ~ -( , • \, I / • • • ROLL CALL A ve Wi 1T~ ?rrs~r-Nav Absta n Uni..,.,- ::.m1t r, I -llilrnl!!_ I Clavton I Mann , Mav.~r Ta Y:} .. ?U X 1_.,, )../'2.~ 'l.~J i.1h .. i /, . './_ w I 0 () J j I l!t '> .. V / l V l '..I I 0 )J.1; I I J i1RA..l j (A. v A bsent /, I ' -t.)) ·~;.._ ) )' (!/,' V I -::.L, J I -J ' ,..,. Q ,11Jv('JOn ,/ I I I I ,) • • I • • - • /. J !1 y F t. l, • • • Absent Moved Sec,:inded Ave Nay Abstain Wi1, 'f ?rrs _r-·--,---....-----,-------, sm1tn 1-----------+.....;...-'-------__.----+---------11------1 Haro~ Clavton·~--+---+-----1-----+-----'I 1-----------+-.'.'Ma=nn !--~---+-------1-------i ,__ __ _...__ ___ ....._M_~,a"".Y.2.!:..~]~?-U. __ _._ _ __. ____ __._ ____ ~ ; . // ... ,-I -/; {) ;,..,. .1 J 'i.:. ). ~ I fJ I l " IJ • 10I D _ .. (_ /i ) f ) ~/c c ) l ~ ,, ) --·" ,,.., ) ... _. _,._ I I I /v r '7 ) ... ' v -;/. ,.. ,.. ? <' , . )1 ..I ...... / V • / I 0.,, -) f J /,' I~ .t 1 ,I ., I ; . ( > • • I • • • - • • H ed S OV d d econ e A ve Nav Ah sta n Ab t sen w1 fn?r.-s-~ I u .. h .. ,. &.-- :im1tr, t.--"" -, __ l,h1rn~ ,_ Clavton , __ I..,,,"' Hann ~ Ma.v_or Tay)_:r V ) I • • \ • •I • -• - ROLL CALL M eel S OY d d econ e A ve Wi1 'i?~S~~-z;::... Nay A bsta n Ab sent Ufthft~ ---.,.. sm1 t r, --~'lroer -........ V Clavton ...... Mann .......... Mayor T~y]_~!:.J _ _. • I . • • • • - • • H ed S OY d d ec,:in e Wi f'1 rr.-:-;·-vi A ve N av Ab sta n Ab t sen ' Uohor V Sm1t n --· V Haro!!L_ Clavton Mann Ma _y_(?r Ta_y)_,.c_J_ ) I . • • M ed S ov d d ec'ln e V ' -V ,2 I I I ) ;,./ l ,. ' Ca ) <" 1 -1 (_ ,....-; J: > /I V I' J / .I I • • • • A ve Wil'i?r.'..;-~ l.lfthft~ Sm1 t r, -Haro!:.r_ v- Clavton V Mann I V-- May_~,. TaY.)_:iQ ,__. ' ,. ;..,-/ J ., ,; N av V' v- /.. , • .I f.' ,4 c '-c I .1_ 1 ~ • 11 C1 Ab t 1 s a n ·(? ..>-. 1 .. I ( /f.t.-·~ • Ab t sen I • • • -• • ---/.~ _____ __,,_ ______ _ ROLL CALL M d S ove d d ec()n e A ve N ay Abt 1 s a n Ab t sen -Wil , ~ ?r.'5 .J L.-"" WPhPr <--- Smit r, i--' -Hara!U:... t,.,--" Clavton t.,.- Mann I ,__ Ma yor TayX•U .__ 110 • I . • • - • • • • Moved Seconded Ave Nay Abstain Absent 1----+-----+-::_m_,n-"--r, ____ ~----+---+-------1-----i RilI"ll~·---t---1------t-----i------, i-----T----~--;:C'la~1yton Mann l__-+---+-----r------, i-----T-----;--,l'lrr,a::-:-:y_or Ta Y.}> ·1 __ .__ _ ___._ ____ __._ ____ _ I . --.-> • • • Moved Sc~ d d e n e ........... J / , V 1 A ve w. ,-,,----~iv , • ,;?~5 --v--w,,._ __ V Smifo ....--- H;irn~-v Clavton L-- Mann : ,_ MayorTay!-,Q_ t--- • • • N av Ab sta • n Ab sent I ~ I,..., I . • • • - RO LL CALL M ed S d d A Ab Ab t N ov econ e ve av sta n sen V ~ Wi fi':; i'r.-:-; Kr-v V 1 IJahar ,........ :im1 tr, I ,._..... -Haro!!!:... I &..-- Clavton I I.,.-- Mann ! ,..._ Ma yor Ta y].?U """ • I • • \ • • • • • RO LL CALL Moved Seconded Ave Nav Abstain Absent wn, ~ Pr.:.; VT I •-•-'-.... r sm,tr, l --· Harn~-I Clavton I Mann i Mayor Ta y]_:U c.... ;; I/ ,- J ' )'1 ....., ~ l I .x... 0 tu -~ ((t-li •, 0 1-/f l!_. ~ J.,f . v ) z;;. q (p i --/. I J ' ~ I ..,I .,I , ,· ~ ') .(,,I ,._ .,. ' J ' ff. !, ti / .,l l ('1 , I c; ,.J ./ ) ) , 1-l I I . ) _, I (')"1, \ -I I ,,_!_ rl .. '-' ~,, !, J)) I I ~ .l. )I I -"i ..J n it ' I.(•/' /.. l/' t-l /. ... 0 / U/J."-' ,e,.. I· \ f ) i ' . ~ ,._ Ii <'t i I ~ (/ -f ~ £h ~ I / I' 1'..I I • • \ • • • ---z ) Moved Sec~nded ( • • • Na Abstain s '! l-U ) //--UJ'. \~-~·~-~----....;,... _____ ...:•-~ Absent I . • - 1ra-) • • • - RO LL CALL Moved Sec~nded ,,...,..._A_v~e-.-_Na....,1v....,..._A_b __ st __ a_n-.-_A_b_s_e_nt _ __, Wi1, i i'J:"3 • -.L..k::::-+----------------t ' u.,.h.,.r · V 1------+--,.,.------~:iii:.m¥111 t~r. --+-...::::---+---+-----+-----, ....._ _______ ..._..M......_..i1rn!rr._ ____ ...;t.,-" ...... +----+----+------1 Clavton '-"" 1,/ Mann l,~c..---~_4 _______ -+--------1 ._ __ ___. ____ .__ M_,~ay_o..!:_ Ta~}_,c_j__ ___ --_._ _ __..__ ___ ......_ ____ _ / u I J ,_~ ·1 I f I b..:{. oJ \, • I . . • - • • ROLL CALL Moved S c,nded e !.l Wi P fi'rr.5 =-::r-I Jill'!bPr ' Ave Na Abstain Absent ;i m...!...:.r, ----· liArD!rr.__ Clayton Mann ! _,.i aJ~~r T~J .:i u_ 7 (b) /'U d.. C, • I • • • • • • Abstain Absent Sec'lnded Ave Nay Moved Wiff°i?~s-°ZLV ~ I WPnPr ' i,--- ..:!m__!_l-r. . ,.., . 1"1A.I:.11.~ 1../ V Clayton ~ Mann _ .1 ""' _!'i a.'~~r Tay)_?Ll ,_- / ( d / I . • • • • - • • Moved S c~nded Ave e V""':J v--!.l. Wi1 11?rr.~ I WE>hl>..[ 1,/ ,._--..:::.m..!...!:.r, ~ - Na Abstain Absent lla.ro~r._ ~ ~ Clayton I/ Mann 1 1,,.,,-" --'2ay_or T~}.,!:_J_ ~ I "-I I > c../ ( <I • I • • • 0 \.J M ed S ov V ~ -1' J_.1 ;J,. I' ~. • d d ec!ln e v----I • • • ROLL CALL A ve N av Ab Sta l'I Ab t sen Wi 11 1 ?~s-Z:f V-- IJanQr : i.,.,---- ::>mltr, v--- J:lar.D.~ I/"' Clavton c..--- Mann 1 "" ria~C?.!:.~)_,u ~ , I • • • • -• • ~------·· RO LL CALL Moved Sec~nded Ave Nav Abstain Absent Wi1'~i'r.-:; .l i....--- I lolohor J~ ,--~m,t r. --Haroer ·-Clavton c.-- ~ Mann l ·-Ma y_or Ta y)_?Ll ,,,,- If .( • I • • • • • -• • - A Moved Sec()nded Ave Nav Abstain bsent I/ Wi1 11r~i~~-;:;,- I WPhPr ' V ::mnn v--1-1:\rn!!f_ ,~ Clavton I./ V Mann __ Lk.:" Ma .~~!.~}_?U V" 7 /.., I . . • • • • • Moved Sec,nded Ave Nav Abstain Absent V Wi fff?~-:·;-~f i...--- 1 IJohoW' ; , ___ :im1tr. ·--·--Harn~ ·-Clavton ·--............. Mann -·~ Ma y or Tay~_?U V"' • I . • • • • -• • - Moved Sec~nded Ave Nav Abstain Absent Wi11~?r.:~ ~_J V I IJoho,.. I I/"' v :im1tn ........ -V Marn1>r ,/' Clavton ,__. Mann ~ May<:?r ~-1.c_j_ 1 _,,,., 7 k if; 0 I • • • • -• • - RO LL CALL M ed S d d A Ab Ab OY ec~n e ve Nav sta n sent Wi11i?~JV V Ufthft~ I V- V :im1tr, I.,---· 1-l;irn!rr__ ~ Clavton V Mann ~ May~r Ta y)_:,U '-""""' ::ti"/,,,,.. C, I • • • • -• - ROLL CALL " ed s ov d d eco:>n e A ve w1 f rr;.-ir.s ~.1 v--- N av Ab sta n Ab t sen ' u .. h.,r t ,..--- l/ ::.m1tn I v--. Haro~ I ---Clavton I L.-- v--Hann I , _... Ma y or ~J_?Ll ,~~ I J) • • I • • • • • - • • Moved Sec1)nded Ave Nav Abstain Wi f f:/ ~-:r-=-~-+--..;;:;._'---+------,,-------1 1------ii------+,--w .. h-.. r L-- ,.,---:im1tr. ---t--",.---+---t-----1-------i Haro~-1----1-----,i------r--~C~l a':""'1 vton "' - Absent i----Mann I 4--' Ma _y or Ta.i'.r?u--=,.--"---+----+-----+------1 ----~~----~---~ 7 " .j/-~ 11 I . • - I ~ 0) /JI I 1 )~ \, ( )}t1., • \ • • • • Moved Seconded Ave Nav Absta n Absent Wi 11 ~ ?ll'S ~:r--,---'--""-..---'--'~~.....,.---'--'"----, 1 Woho,.. ----+---+---+------t-------1 1-------1'-----4,-:i::..cmc...;n~tr, _____ +---+---+-----+------i l----~-------+--~1b1r1..1tn~.---+----+---+-----1-------1 Clavton ,_ _______ ..._"M=ann i ___ 4 ----1-----+-----~ .__ __ ___. ______ ~M_,a-"-y~r Ta ~}~?U_~..__ _ _._ ________ _ (I I 'l ~ u I /I r. !/ ..t ) I ' (11 ' f ; .J v I J .; . \' 1 -( c;/i; - .:. /1 " I / ) J -.,/ ( ' y I' .,, , ,J / ~ • I . • - • • Moved SecQnded Ave Nav Abstain Absent Wi 11 i r r.:s~L:P':[ ,._.- i.--WohoW' I I - :im1tn --J./ MAl"n~-,....-- Clavton ·-Hann I -Ma yor Ta y]_?U i----- ) +-/) .......... "", If< / ~ A I I ~r (( (, • I . • • - - • • • ,· • RO LL CALL Moved Sec()nded wfffTn:-s--__ 1 Ave . ..,.._N_a_y, __ A_b_s ___ ta_1_n-,.-___ A __ b __ s"""en_t ___ --, -.... ::i m1t r, ~---+-----+---'-------,---t---1-------1r------1 Haro~ Clavton·~--;---+----t-----+-------1 Mann I ~---+-----+-,l'lir',a':":_v_.or TayJ.?.c.i.--~---+----~r------i ! I ") J.,#-t,., ( (l J- {v-/ ('. , ... / I I I ""'-} .;'.l(} J .J ,J v ,, 0 1\ "I ·-R (,. (.,, • ~-• /?.;_ I I} ) '..lJ !lf , >•.{> ,,,_,. f Cvl, /') ),/.../ \ .. J, • I '- 0 I • • • • • Moved Sec,nd d e A ve Nav Abstain Absent V Wi1-,'f?~~ ~J IJohor V :,m1tr, - l·born~ Clavton Mann I Ma y_~r Ta y)_1 !:_L :J' -/ L ) ' ') ('" I I· ~ /J../ )) :. ' ( _;:,,,.t ) .. ) --<..- " -\) ,:., .j ,( l,:j. I /._ Jf J -'/) I ' -0 I ( _/ ~~: .,,/ "-,,.. /1 v IJ l, ... '-' L-1,t d. > l...1 {'I I ::. (n () .; ~) Y\ l r lJ \. u 1 u A (a .t.,,i ) u _I ll t ( 1) - ./ J 1,lti )-GJ) ,r , • A 1 '-4., /)'l I \. h -V 1 c.P..ea.J /U /)/vJ.J ~ .) V ' ) I . • • • • - • • - Moved Sec, d d n e Ave Nav Abstain Absent I Wi f 1 ~ ?r:":;---:r I 0.0-L -,,.. : ::mft'r, _T ~rn~ ! Clavton I Mann ' Ma .v.~r-TaitU .JI' J ~ /'I -t ~w in ,.t.1 1._I}") , I I '-J t ' I .1 u J_ I. ; ; .. i o . 1Yl j I j) ) '))) 0 { !.-. :.1 ) ... u., \..,I V I . • • ( ( • • • ,· - CITY COUNCIL MEETING february 21, 1978 ·----- ORDINANCE # Y, /, 5, RESOLUTION # ;I. 3,-tJ, )-{, y;:: )6 /j ,//,.,_ 7 :30 P 1. ........ __ ..,. ~) Minutes of the spec ial meeting of January 30, 1978. (Copies enclosed.) ) Minutes of the regular meeting of February 6, 1978. (Copies enclosed.) 2. Pre-Scheduled Visitors. \/(a) Mr. Ron Rinker , Barker, Rinker, Seacat Architects, ~~jinc., will be present to discuss the Englewood v;/rJ., •1 ". ublic Library bids. (Copies enclosed.) J 1~·> '.,I 3. j/(bA Mr. Rick Arbor, CHM Hill, will be present to ~'.J ,t discuss the McLell~n Pump Station bids. (Copies ~ e nclosed.) (c),. Mr. W. Braden Darley and Mr. Jame s Graham, , ,• Swedish Hospital, will be present requesting --VJ , t i that the City issue Industrial Revenue Bonds pi~,~ for Swedish Hospital in the amount of $15 r, ·• ' million. (Copies enclosed.) ;, (d) Representatives from South Santa Fe Drive c, r ~ • • will be present to discuss annexation. !J (e)J Mr. Ron Loflin, International Container Company, will be present to discuss litter containers. (Copies enclosed.) Other Visitors. • I • • • • • • CORRECTION THE PRECED/J',/G DOCUMENT OR ELA 'IK FF.Ail/TE H,.J.S ££EN REM!CROF!LivTE!J TO ASSURE LEG!EILJTr' AND ITS /MA GE APPEARS IMMEIJ/A Ti:!.. Y HEREAFTE:::;. • ) I . . CITY COUNCIL MEETING february 21, 1978 ORDINANCE # /, /, 5, • • • RESOLUTION # /. 70, )I, ~ .M J.,... J ye / • 0 0 I . . n ( • • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL FEBURARY 21, 1978 CJ_,µ, f f\ 7 :30 P .M. Call to order, invocation by Reverend Helen Waker, Esoteric Truth Center, 130 East Girard Avenue, pledge of allegiance by Boy Scout Troop #154, and roll call. 1. ·nute s. ~) fJ1S') Minutes of the special meeting of January 30 , 1978 . (Copies enclosed .) Minutes of the regular meeting of Februa ry 6, 19 78. (Copies enclosed.) 2. Pre-Scheduled Visitors. I 3. \/'(a ) Mr. Ron Rinker, Barker, Rinker, Seacat Architects, ',).l.-rvV' Inc., will be present to discuss the Englewood r). ~ ~ tJ. '.E'ublic Library bids. (Copies enclosed.) 1c-• ·/,.,u (/(bl Mr. Rick Arbor, CHM Hill, will be present to •-iJ-·•J J ~ discuss the McLell&n Pump Station bids . (Copies enclosed .) --v' ' . -;) C (c), ,) r , ' ,. Mr. W. Braden Darley and Mr . Jam e s Graham, Swedish Hospital , will be present requesting that the City is s ue Industrial Revenue Bonds for Swedish Hospital in the amount of $15 million . (Copies enclo s ed .) (d)1 Representatives from South Santa Fe Drive v ,~ will be present to discuss annexation. (e), Mr . Ron Loflin, International Container Company, will be present to discuss litter containers. (Copies enclosed .) Other Visitors. • I • • In r ( • • ,· - Page 2 February 21 , 1978 Agenda 4. Public Hearing, Ordinance on final reading creating Paving District No. 25, ordering the construction and installation of street and alley paving, curb and gutter and sidewalk improvements; providing for the issuance of bonds in pay- ment for said improvements ; providing for notice to contractor s and other details. (Petition enclosed.) 5. Communications -No Action Recommended. (a) Minutes of the Englewood Housing Authority meeting of January 4, 1978. (Copies enclosed.) (b) Minutes of the Board of Adjustment and Appeals meeting of January 11, 1978. (Copies enclosed .) (c ) Minutes of the Planning and Zoning Commission meeting of January 17 , 1978. (Copies enclosed.) (d) Minutes of the Denver Regional Council of Governments meeting of January 18, 1978 . (Copies enclosed.) 6. City Attorney . / I l~/1 ... Ord i n ances on Final Reading. (a) Ordinance creating Paving Dis trict No. 25, ·' • ordering the construction and installation l' + of street and alley paving, curb and gutter / and sidewalk improvements; providing for the issuance of bonds in payment for said improve- ments; providing for notice to contractors and other details . (Ordinance enclosed.) (b) Ordinance approving a contract for the exchange of real estate whereby the Ci ty of Englewood shall grant certain property to the estate of K. C . Ensor and the estate of K.C. Ensor shall grant certain property to the City of Englewood for the use as a pumping station. (Copies enclosed.) Bill for an Ordinance. (c) Bill relating to "promotions" within the classi- fied service of the City. (Copies available .., ;it session.) ' ,..... • I • • ( ( • • • • Page 3 February 21 , 1978 Agenda 6 . City Attorney (Continued.). Resolution. 0ci ) ,JA Resolution appointing Haydn A. Swearingen, Esq., Associate Municipal Judge for the City of Engle - wood. (Copies enclosed .) Other Matters. Attorney's Choice . 7. City Manager. 'l .(/, (a) Memorandum fr om the Director of Public Works t o the City Manager concerning Broadway Signal Controller Updating . (Copies enc losed .) Memorandum from the Di rector of Finance to the City Manager concerning t elephone bids . (Copi es enclosed.) (c) Memorandum from the Director of Engineering ~ Services to the Director of Public Works concerning additional concrete sidewalk and curb repairs required. (Copies enclosed .) (d) Memorandum from the Directors of Finance and Engineering Services and the Purchasin g Agent ; • to t he City Manager concerning Raw Water Pump Stat ion Bid. (See item 2 (b).) J • (e) Memorandum from the Directors of Finance and Engineering Services and the Purchasing Agent • to the City Ma nager concerning the En g lewood Public Library Renovation Bid. (See item 2 (a) . ) (f) Memorandum from the Administrative Assis tant to the City Manager concerning request for an rl( ou t-of-state trip for the Fire Depar tment. (Cop i es enclo sed .) (g) (h) -fr I I (i) Resolution supporting Senate Bill 46 rela t ing to Police and Fire Pension Funding. (Copies enclosed.) Resolution opposing House Bill 1095 relating to Cigarette Tax. (Copies enclosed.) Resolution opposing HCR 1004 relating to t ax exemption of residential property . (Copies enclosed.) • I • • ( • • • - Page 4 February 21, 1978 Agenda 7. City Manager (Continued). , , ~ (j) (k) di I (m) t /lo (n) ~(l Resolution to oppose Senate Bill No . 43 relating to Highway Users Tax Fund. (Copies enclosed.) Resolution opposing SCR 2 relating to sharing of property tax revenue s. (Copies enclosed.) ' ' Resolution amending the 1978 General Fund Budget, and establishing the posit ion of Insurance Clerk at Grade 2. (Copies enclosed .) Resolution amending the 1978 Water and General Fund Budgets. (Copies enclosed .) µI • f . Resolution amending the Public Improvement Fund , ~ , Budget for 1978. (Copies enclosed.) ,(. •( I y 4 (o) Manager's Choice. -n _; n r ,., ., , , 1 . .I . -,, J~ ,· I(" J ..., ( ) ' y 8 . ... General Discussion. 0 n • f. v ~ , t e,. -J o ~ ·~ r., (a) Mayor's Choice. .r ',.. (b) Councilman's Choice. 9 . Adjournment. / l /' . (4,t~ ~/i;.,."-· ANoi MC COWN City Manager • . , t,t/1 -~··, ; I I • • ( ( • • • - COUNCIL CHAMBERS C ITY OF ENGLEWOOD , COLORADO January 30, 1978 /0v SPECIAL MEETING: The City Council of th e City of Engl e wood, Arapahoe County, Colorado, met in special session on January 30, 1978, at 7:30 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 Williams, Weber, Smith, Harper, Clayton , Mann. Absent: Taylor. The Mayor Pro Tern declared a quorum present and sta ted that Mayor James L, Taylor was out of the city on vacation . Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Public Work s Waggoner Director of En g ine e ring Services Diede Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER THE PROPOSED PAVING DISTRICT #25. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Weber, Smith, Mann. None. Co uncil Member Taylor. Mayor Pro Tern Mann declared the motion carried . * * * * * * • I • • • January 30, 1978 Page 2 • • • City Manager Mccown stated the purpose of this meeting was to consider the recommendations for various streets, alleys, sidewalks, and curb and gutter improvements wh ich are to be included in Paving District No. 25. City Manager Mccown gave a brief back- ground on the reasons for creating paving districts; how the paving districts are handled; and r e ad from the City Charter the Council's authority concerning a paving district. City Manager Mccown stated that the Council will hear from the public present tonight of the objections and approvals to pave certain streets; then review these objections and approvals in order to make a decision by February 6th. City Manager Mccown stated that the Council can delete streets from the district; but they cannot add any streets to the list that has already been presented to them. * * * * * * Director of Public Works Waggoner along with the assistance of Director of Engineering Services Diede presented the location of streets and the type of improvements proposed for the paving district . Director Waggoner discussed the specific improvements that the City proposes to do on each street; the method of calculation of assess- ment; and the property owner's portion of payment and the City's portion of payment for the district. Director of Public Works Waggoner stated that a property owner could hire a contractor to pore the concrete if he or she did not want the City to do the work; however, the contractor had to be chosen before April 3 and the concrete had to be pored before April 6. Director of Public Works Waggoner stated that the City would replace any trees that had to be removed up to four trees per pro- perty. * * * * * * Mayor Pro Tern Mann instructed the audience that he was going to read the list of the streets in the proposed paving distict and then go through each street asking for those in favor to speak first then those against the paving district to speak next. * * * * * * Mayor Pro Tern Mann read 500 -700 East Amherst and asked if there was anyone in favor of the overlay. No one replied. Mayor Pro Tern Mann asked there was anyone against the overlay. The Clerk entered into the record a petition signed by thirty-four property owners and a cover letter from Gerald w. Pool, 643 East Amherst Place, protesting the overlay • • I • • ...... ( • January 30, 1978 Pag e 3 • • • Councilman Weber pointed out that the petition repre- sented 100% of the property ownership of the affected land area. Gerald W. Pool, 643 East Am herst Place, appeared before Council a nd stated that he was the spokesman for the property o wn ers who had signed the petition protesting th e i nclu sion of East Amh e rst Place in the paving district; how e v er , Mr. Pool as k ed if thos e pres e nt wou l d indicate to the Council that he did represent their opinion by standing. Th e property o wn ers stood up and the co un t s ho wed thirty-f our people present . Mr. Pool stated that if the street could g e t into the paving district by 100% vote; then the street s hould be abl e to get out of the paving district by 100 % vote. Mr. Pool stated that the street work is not necessary and if it was necessary then the payments should come from g e neral revenues derived from the general tax mill levy. Mr. Pool stated that there has been no cost to the City for maint enance because the street is in good sha p e , and th ere are only a few minor crack s which do not pose any hazard. Mr. Pool concluded by stating that the street has been e xpo s e d to lo ng periods of abus e by dirt dump trucks and heavy eq uipm ent us e d in construct - ing City storm sewers on East Bates Avenue and in the East Amh e rst Avenue and Clarkson Street area . Peggy Swinney, 683 East Amher st Place , appeared before the Council and invited the Council to dri ve to the neig hborhood on Clarks on between Hampden and Belleview and no tice how rough this area is compared to East Amherst Place. Ms. Swinney state d that the truck traffic is so heavy that these trucks are causing the damage to the streets and not th e resi d ents of the area. * * * * * * Mayor Pro Tern Mann read 400 -600 West Bates Avenue and asked if there wa s anyone in favor of paving the street . No o ne replied . Mayor Pro Tern Mann asked if there was anyon e against the paving. No one r e plied . * * * * * * Mayor Pro Tern Mann read the alle y East of 3700 South Broadway and as k ed if there was anyone in favor of paving this area . The Clerk entered into the record a statement from Cleo Hickman, 3798 South Broadway, in favor of paving th e alley . • ) I • January 30, l 7 Page 4 • • - Ma yor Pro Tern Mann asked if t he r e was anyone against the paving. Th e Clerk entered in t o the record a l e tter objecting to the paving from Donna Weitzel , 3775 South Lincoln. Mrs. Vivian Weir, 3753 South Lincoln, appeared befo re the Council; prese nted and entered into the record a petition signed by five property owners objecting to the paving of the alley. Mrs. Weir asked the Council why the alley was being considered in the paving district. Director Waggoner stated that he had received r e - quests to i nclude several alleys in a paving district and by including them in a paving district the City can find ou t if the people want these alleys paved. Director Waggoner stated that most of the requests came from the business e s. Mrs. Weir stated that the residents use th e alleys very little; however, the businesses use the alleys for parking, etc ., and the residents do not want it paved. Director Waggoner stated that the r e cord should re- flect that four property owners of this affected area stood in opposition . * * * * * * Mayor Pro Tern Mann read the alley East of 4000 Soutr. Broadway and asked if there was anyone in favor of the paving. No one replied. Mayor Pro Tern Mann asked if there was anyone against the paving of the alley . The Clerk entered into the record a petition signed by six property owners protesting the paving of the alley. Clarice Bernhardt, 4035 South Lincoln, appeared ,before the Council and stated that the residents with exception of one resident do not have alley drives and; ther efore, do not use the alley. Mrs. Bernhardt stated that most of the residents are retired and the assessment costs would place a financial burden on the residents. Mrs. Bernhardt stated that businesses sh6uld pick up the majority of the cost because they are the ones wh o benefit the most. Director Waggoner commented that in the past businesses have worked out a greements with the owners along an alley to pay for some of the costs; but the residents would have to approach the businesses on this, the City cannot. • I • • - ( ( • January 30, 1978 Page 5 • • • Ruth Glaesmer, 4025 South Lincoln, appear e d befor e the Council and challenged the statement that the paving wo uld impro ve the property. Mrs. Glaesmer stated that she had a fenc e installed on her property after which the insurance rates increased. Mrs. Glaesmer stated that her rates might increase again with th e new proposed paving and she could not afford to pay for the incr e as e d rates let alone the assessment. Mrs. Billy Schlogeter, 4015 s. Lincoln, appear e d before the Council and read a letter that was written by her husband pro- testing the paving b e cause the cost. Mrs. Schlogeter stated that the alley did not have enough traffic to warrant the paving. Mrs. Schlogeter then entered the letter into the record. * * * * * * Mayor Pro Tern Mann read the alley East of 4700 South Broadway and asked if there was anyone in favor of paving the alley. No one replied. Mayor Pro Tern Mann asked if there was anyone against the paving of the alley. Howard Sheridan, 4750 South Lincoln, appeared before the Council and stated that this alley did not border his pro- perty but wanted to state his opposition to the paving of all alleys on South Broadway. Mr. Sheridan recalled an incident in which his wife was involved on 4500 South Broadway. The alley was not pav e d and Mr. Sheridan wanted to point out that the alley should be paved and assessed against the businesses and not the property owners of this area. * * * * * * Mayor Pro Tern Mann read 000 -100 East Centennial Avenue and ask ~d if there was anyone in favor of paving this area. No one replied. Mayor Pro T e rn Mann asked if anyone was against the paving. No one replied. * * * * * * Mayor Pro Tern Mann read 1900 West Cornell Avenue and asked if there was anyone in favor of paving this area. No one r e plied. Mayor Pro Tern Mann asked if anyone was against paving this area. No one replied . * * * * * * • I • Janua ry 30, 1978 Page 6 • • - Mayor Pro Tern Mann r e ad 3000 South Dartmouth Circle a nd asked if ther e wa s anyone in favor of overlaying this area. No one replied. Mayor Pro Te rn Mann asked if th ere was anyone against th e paving of this area. No one replied. * * * * * * Mayor Pro Te rn Mann r e ad 3200 Sou th Delawar e Str e et and asked if there was anyone in favor of paving this area. No one replied. Mayor Pro Tern Mann ask e d if th ere was anyone against th e paving. The Clerk entered into the reco rd a petition signed by tw en ty property owners protesting the pa vi ng. Harold Jones, 3285 South Del aware, appeared before th e Council and stated that th e p e tition contained all the pro- perty owners with the e xception of five. Mr. Jones stated that he was the spokesman for the group and stated that it was the group's opinion that the street did not need paving; several peopl e we r e r etired and would be p l aced in a financial bind to pay for the assessm e nt. Mr. Jones stated that most of the traffic cam e from outside the neighborhood. * * * * * * Mayor Pro Tern Mann read 4100 South Elati Street and asked if there was anyone in favor of the overlay. No one repli e d. Mayor Pro Tern Mann asked if ther e was anyone against th e overlay. Six people stood up to indicate their prot es t. Bill War, 4170 South Elati, appeared befor e the Counc il a nd stated that the road was in good shape and did not need the new surface. Mr . War agreed with Mr. Jones on the traffic coming from Cinderella City . Susan Barrow, 4173 South Elati, app e ared before the Cou ncil and asked for clarification of the facts on base and asphalt levels on the street. Director of Engineering Services Diede quot e d the depth of the base and asphalt. In answer to Mrs. Barrow's question on the inconsistency, Director Diede replied that the builder who laid the street did not install the suf- ficient amount of asphalt or base course. Director Diede also stated that the tests are only a cross section of the street . • ) I • • ( ( January 30, 19 78 Page 7 • • - G. B. Story, 4150 South Elati, appeared before the Council and stated that the street was in good condition. In answer to Mr. Story's question as to the cond ition of the street when it came i nt o the City , Director Waggoner replied that there are several streets in the City that were dev eloper paved before they are taken into the City. Director Wagg oner stated that some of the se areas were developed most all of the time under little restrictions; consequently, when the City t oo k these areas i~ the streets have checked out to be below the City's standards . Mr. Story asked if it was too late to get up a petition. City Attorney Berardini stated that a second public hearing on the final reading of the ordinance is on February 21, 1978, and a petition of protest could be presented at that time. Mr. Story suggested that speed bumps be placed on the street in order to control the traffic. George Yoda, 4100 South Elati, appeared befor e the Council and stated that he had a si dewalk put in last year and asked if he was goi ng ha ve to pay for anoth e r one if the street is pav e d. Director Waggoner stated that an overlay is proposed and if the sidewalk other than what was r e pair e d last year nee ds repair than that work will be done. Mr. Yo da expressed concern over the traffic and hazard- ous conditions that exist . Mayor Pro Tern Mann assured Mr. Yoda that the Chief of Police would be informed of this matter. * * * * * * Mayor Pro Tern Mann read 3000 South Fox and asked if there was anyone in favor of the paving of this area. No one replied. Mayor Pro Tern Mann asked if there was anyone against the paving of this area . Bobb y Lottrell, 3150 South Fox, appeared before the Council. Mr. Lottrell stated that the street was in need of repavi ng; however, he b elieved that the City tore up the street in orde r to work on the water mains and he did not think the p eo ple should pay for the proper replaceme nt of the street. Mr. Lottrell stated that most of the traffic is from the iron trucks and not the residents of the area. Councilman Clayton requested that the staff include in their report of this meeting the designation for the heavier • I • • January 30, 1978 Pag e 8 • • - trucks a nd the construction of the stree t b e tw ee n Ge n e ral Iro n Works and Dartmouth. * * * * * * Mayor Pro Tern Mann read 4000 South Galapago and asked if there was anyone in favor of the paving of the area. Gary McKinney , 4084 South Galapago, appeared before the Council and stated that he was in favor of paving the area. Mr . McKinney stated that this area was a fairly new subdivision and the streets are dirt. Mr. McKinn e y stat e d that the costs will not get any cheaper and becaus e of e c o nomi c s itwould b e b es t if the City would go ahead and pave the ar e a now. Mr. McKinney stated that the neighborhood is mostly young e r couples and could afford to pay the assessment over the next few years . Mayor Pro Tern Mann asked if th e r e was anyone against the paving of the area . No one replied. * * * * * * Mayor Pro Tern Mann read 4100 South Huron Street and asked if there was anyone in favor of paving this area. Mrs. Skinner, 4190 South Huron, app e ared before the Council and stated that she has not taken any position on this issue. Mrs . Skin n er stated that she lived opposite the City Ditch and wanted to know who would pay the assessment . Director Waggoner stated that all the City could get in was twenty-four feet and Mrs. Skinner would be assessed for eighteen feet . Mrs . Helen Brundage, 4140 South Huron, appeared be f ore the Council and asked if the City would eventually pave all the streets in Englewood . Director Waggoner replied that all the streets would e ventually be proposed and the paving depended on Council's approval. In answer to Mrs. Brundage's question about eliminat- ing curbs and gutters and blacktopping the street, Director Waggon er replied that he had suggested this route; however, in talking t o Mr. Hamilton, Mr. Hamilton stated that this was not the desire of the neighbors and requested that the street be placed in a district. * * * * * * • ) I • • ...... ( ( ( January 30, 1978 Page 9 • • - Mayor Pro Tern Mann asked if there was anyone in favor of paving this ar e a, 4100 Sout h Huron. No one replied. Mayor Pro Tern Mann asked if there was anyone against t he paving of this area. No one replied. * * * * * * Mayor Pro Tern Mann declared a recess at 9:15 p.m. The Council reconvened at 9:35 p.m. Upon a call of the roll, the f o l-lowing we r e present: Counci l Members Williams, Weber, Smith, Harper, Clayton, Mann. Abs ent: None. The Mayor Pro Tern declared a quorum present . * * * * * * Mayor Pro Tern Mann read 100 East Layton Avenue and asked if there was anyone in f avor of paving this area. No one replied. May or Pro Te rn Mann asked if there was anyone against the paving of this area. Howard Sheridan , 47 50 South Lincoln, appear ed before Council and stated that he felt it was unfair for the surrounding people to be assessed 14% for their use of the street. Mr, Sheridan asked why speed bumps have not been proposed for this area and he thought the stree t had b ee n resurf ac ed last year. Director Waggoner stated that Mr. Sheridan's assessment was for the sidestre et and that the street was blacktopped last year so that it would h o ld up until the street could be placed in a pav- ing distr ict. Di rect o r Waggoner also stated that the speed bumps would not b e place d in the City because they are dangerous for all vehicles. * * * * * * Mayor Pro Tern Mann read 400 East Layton Avenue and asked if there was anyo ne in favor of paving this area. No one r e plied . Mayor Pro Tern Mann asked if there was anyone against the paving. No one replied. * * * * * * Mayor Pro Tern Mann read 600 -800 West Oxford Avenue and asked if there was anyone in favor of paving this area • • ) I • January 30, 1978 Page 10 • • - Gene Kroll, 485 South Fox, appeared before Council and stated that he wa s in favor of the paving. Mr. Kroll stated that he was tired of the dust. Gary McKinn ey , 4084 South Galapago, appeared before Council and stated again that he was in favor of pavi ng this ar ea . Mr. McKinney stated that there are more problems with th e traffic in the dust and dirt then there would be on a safe , paved street. Mayor Pro Tern Mann asked if there was anyone against the paving of the area . Eleanor Smith, 4100 South Galapago, appeared before t he Council and stated that she was in favor of paving the street; but she stated that paving the street has attracted heavy truck traffic on West Oxford Avenue . Mrs. Smith stated that the street will not hold up under the traffic conditions and will have to be overlaid next year. Mrs. Smith r equested that the street be "sh elved" until a congressional investiga t ion is completed on how the street got changed from a residential street to a truck route . Ken Love, property owner of 777 West Oxford, appeared b e- fore the Council and stated that he has tried to contact the City Attorney to find out who owns the City Ditch property that adjoins his property on the e ast so he could determine who would pay. City Attorney Berardini stated that several people have contacted his office relative to this question. City Attorney Berard ini stated that he did not recall his name and he was sorry he did not answer his call. City Attorn ey Berardini stated that the property line varies and he wou ld c ertai nl y find out wh ere his property lies if he would leave his name, address and tele -phone number. Mr . Love stated that his telephon e numb er is 781-8324 and would appreciate an answer as soon as possible. Bob Richards , 855 West Oxford Avenue, appeared before the Council and stated that he owns an apartment on West Ox ford Avenue. Mr. Richards stated that he has received no requests from his tenants to pave the street. Mr. Richards stated that he was concerned over the proposed assessment because the assess- ment equates the amount of money that he expects to net out of his apartment investment for the next two years. Sharon Richards, 855 West Oxford Avenue, appeared be- fore Council and stated that the street is not in need of repair and in her opinion provides no benefit to the people living in their apartments . Clayton Smith, 4140 South Galapago, appeared before the Council and asked if the streets would be capable of carrying the traffic loads; and if the streets are torn UP,wou l d he be recharged for reconstr uc tion . • I • • ( • January 30, 1 978 Page 11 • • • Director Waggoner replied that the City would pick up costs over thirty-six feet. Mr. Smith asked why the property owner on the corner has to pay for the materials. Mr. Smith stated that if the street was pro-rated why couldn't the gutter part be pro-rated also. Dir e ctor Waggoner stated that the City has to assess the adjacent owner for any concrete work and City Attorney Berardini agreed with Director Waggoner that is a fair assess-ment. Mayor Pro Tern Mann assured Mr. Smith that the City staff would report back to him with an explanation . In answer to Mrs. Smith's question, Director Waggoner stated that the load limit on a street was 18,000 pounds per axle according to the Model Traffic Code and he would mention the problem to the police. Mr. Wentzel, corner of Oxford and South Huron, appeared before the Council and stated that he uses Oxford very little and paving this area would be of no advantage to him. Sam McGown, 805 West Oxford, appeared before the Council and stated that the assessment wa s too expensive for people on fixed income like himself . Mr. Mc Gown stated that the street could use improv e me nts but suggested that the Council wait and do it later . Crista Kroll, 4085 South Fox, appeared before the Council and stated that the cost would increase the longer people wait ed and she was in favor of paving this area now. One member of the audience asked the Mayor Pro Tern for a straw vote on the paving of West Oxford. Mayor Pro Tern Mann asked for those in favor of the paving of West Oxford to stand up. Six people stood. Mayor Pro Tern Mann asked for those against the paving of West Oxford to stand up. Twelve people stood. * * * * * * Mayor Pro Tern Mann read 4500 South Pearl Street and asked if there was anyone in the audience in favor of the paving. No one replied. Mayor Pro Tern Mann asked if there was anyone against the paving. No one replied. * * * * * * I • January 30, 1978 Pag e 1 2 • • - Mayor Pro Tern Mann read 200 We s t Prince t o n Ave nu e an d asked if ther e was anyone in favor of paving the ar e a. No on e r e pli e d. Mayor Pro Tern Mann asked if there was anyo n e against the paving. No one replied. * * * * * * Mayor Pro Tern Mann read 100 -300 East Princeton Avenu e and asked if there was anyone in favor of the paving. No one replied. Mayor Pro Tern Mann asked if there was anyone against the paving. No one replied. * * * * * * Mayor Pro Tern Mann read 2900 South Shoshone Str ee t and asked if there was anyone in favor of the paving. Les Stigall, appeared before the Council and stated that there were two other property owners other than himself here at this meeting and owned property at 2911 and 2965 South Shoshone who would like to see the street paved to handle the trucks that he want e d to drive on the street for future building. Mayor Pro Tern Mann asked if there was anyone against the paving. Harold Stoner, 2960 South Shoshone, appeared before the Council and stated that he was protesting the widening of the street and not the paving. Mr. Stoner stated that some of the property owners had spent a great deal of money installing fences and would incur more expense to have the fence torn down and replaced . In answer to Mr. Stoner's question on the proposed width of th e street, Director Waggoner replied that the City would need forty feet total right-of-way. Director Waggoner stated that an a ppra i sal o f the five foot of property in this area would be made a nd t he property owner would be contacted. Mr. Stoner further stated that if Shoshone were widened th e street would not line up with either street north or south of Sh o shone. Walter Freeman, 1900 North Cornell, appear e d befor e the Cou ncil and stated that he owned the ground at 2980 South Shoshon e . Mr. Freeman stated that he would favor paving the street at its pres e nt width; but he would object to the widening of the street. Earl Stoner, 2970 South Shoshone, appeared before the Coun cil and presented a petition letter dated November 13, 1973 • I • • ( January 30, 1978 Page 13 • • - protesting the last paving district in which South Shoshone had been included. Mr. Stoner stated he wanted the street to be paved at its present width and not widened. Councilman Smith noted the date of the petition as being some years ago and questioned if some of the property owners had changed their minds since. Phil Grimm, 1920 W. Cornell, appeared before Council and stated that the street did not need to be paved at this time. Mayor Pro Tern Mann requested that Howard Olson, Englewood Chamber of Commerce, speak on the paving of South Shoshone since he was involved in the matter in 1973. Howard Olson, Englewood Chamber of Commerce, appeared before Council and stated he was merely an observer of this meeting and could not take any position at this time. Director of Public Works Waggoner e ntered into the record a telephone message that he received from Geraldine Landsburg of 3D Investments, 2900 South Shoshone, protesting the paving . * * * * * * Mayor Pro Tern Mann read 2900 -3000 South Umatilla Street and asked if there was anyone in favor the paving this area . No one replied . Mayor Pro Tern asked if there was anyone against the paving . Frank Rister, 2009 West Dartmouth, appeared before Council and asked if the City wou ld replace the trees that would be removed to widen South Umatilla. Mr. Rister stated he thought the street was only about fifteen feet wide now. Director Waggoner stated if the trees had to be removed then the City would replace them. Director Waggoner stated he thought the street was approximately twenty feet wide now; and the right-of-way is d e dicat e d at thirty feet wi de. * * * * * * Mayor Pro Tern Mann read 000 -400 East Union Avenue and asked if there was anyone in favor of paving this area. No one replied. Mayor Pro Tern Mann asked if there was anyone against the paving. No one replied. * * * * * * • I • • In r, ...... January 30, 1978 Page 14 • • - Mayor Pro Tern Mann read 2900 -3000 South Vall e jo Str ee t and asked if there was anyone in favor of paving this area. No one replied. Mayor Pro Tern Mann asked if there was anyone against the paving. No one replied. * * * * * * Mayor Pro Tern Mann read 5000 South Washington Street and asked if there was anyone in favor of paving this area. Edward Pain, 5090 South Washington , appeared b e fore Council and stated h e was in favor of placing an overlay on th is street; however, Mr. Pain state d the expense should be paid f o r by the Utilities Department. Mr. Pain stated the deteroriati o n of the str e et was du e t o th e Utilities Department working o n th e water mains . Mayor Pro T e rn Mann asked if there was anyone against the paving. The Clerk entered into the record a letter from Robert D. Williams, 5050 South Washington, protesting the paving. Myrtle Jones, 5020 South Washington, appeared before Council and protested the paving. Mrs . Jones stated the area was in a sidewalk district last year and she thought the side- walk would probably have to be replaced and paid for by the resident after the stree t is resurfaced. Ju ~nita Beenie, 5061 South Washington, appeared before Council and stated she was against the paving. * * * * * * Mayor Pro Tern Mann read 600 South Washington Circle and asked if anyone was in favor of the paving. No one replied. Mayor Pro Tern Mann asked if there was anyone against the paving. The Clerk entered into the record three letters: 1) from Mrs. De Back e r, 616 South Washington Circle; 2) from Mary Ditmars, 640 South Washington Circle; and 3) from Ernest and May Coler, 645 South Washington Circle all protesting the paving. Arthur Rhodes, 685 South Washington Circle, appeared before Council and stated he was against the paving. Mr . Rhodes stated he had to borrow the money to pay another assessment and he would have to borrow more money to pay for this assessment • • I • • I ~ ( January 30, 1978 Page 15 • • • Mr. Rhod es suggeste d the Council get the cheapest bid before publishing the list of streets in the paper. Mr. Rhodes stated the street gets very little traffic and did not need any overlay. C. R. Neal, 672 South Washington Circle, appeared before Council and stated he was against the paving . Mr. Neal stated if the City kept this area in the paving district then he would recommend a surface coat. Dorothy Clausman, 646 South Washington Circle, appeared before Council and stated she was against the paving. Mrs. Clausman stated the street gets no through traffic. Mary Ann Schofield, appeared befor e Council and stated she was against the paving. Ms. Schofield stated Clarkson Street should be included not South Washington Circle. Director Waggoner stated there is a boundary probl em on South Clarkson and until other surrounding areas allow the paving and do their share, Clarkson would probably remain as it is . Phil Grimm, 648 South Washington Circle, appeared before the Council and stated he was against the paving. Mr. Grimm stated the street was not in that bad of condition. Fred Weiss, 664 South Washington Circle, appeared be- fore Council and stated he was against the paving. Mr. Weiss stated the street needed only minor repairs and the propos ed assessment would place too much financial burden on the property owners. * * * * * * Mayor Pro Tem Mann read 2000 -2300 West Wesley Avenue and ask ed if the re was anyone in favor of the paving of this area. No one replied. Mayor Pro Tern Mann asked if there was anyone against the paving. Richard Brent, 2229 West Wesley, appeared before the Council and stated h e opposed the paving. Mr. Brent stated im- proving the street wou l d increase the traffic and the assessme nt cost wa s too much of a burden . * * * * * * Mayor Pro Tern Mann read 2900 -3000 South Wyandot Street and asked if there was anyone in favor of the paving. No one re-plied. • I • • • January 30, 1978 Page 16 • • • Ma yo r Pro Tern Mann ask e d if ther e wa s an yon e against the paving . Bill Ad l ong, 3085 South Wyandot, appeared before Council and stated he wa s agai nst the paving. Mr. Adl o ng stated h e would lose some of h is property when the street wa s widened. Mr. Ad lo ng state d he just instal led a new fence across his property and asked Dir ector Waggon er if the City would pay for the expense of moving it and replacing it. Director Waggoner stated that the City would pick up the expense. Mr. Adlong stated that the prope rty front woul d have to be sloped back or cut off up and down; and that he would lose alot of his property. Mr. Adlong suggested that the City install a r e taining wall. Mr. Adlong asked if the City would provide the stakes for the grading if he chose to pore th e V-pan. Director Waggoner stated that the City wou ld d o so. * * * * * * Mayor Pro Tern Mann asked if there wa s anyone else wish- ing to speak to the Council on the paving. No one replied. * * * * * * Mayor Pro Tern Mann stated that the Council is just as concerned as the people in the paving distri ct with th e answers that the staff will provide. Mayor Pro Tern Mann requ e st e d that the staff s e nd a copy of their answers to the p eop le betwee n this mee ting and the time that the Council acts on the ordinance. * * * * k * COUNCIL MAN CLAYTON MOVED TO CLOSE THE PUBLIC HEARING. Co uncilman Weber seconded the motion. Upon a call of the roll, the v o te resulted as follows: Ayes: Nays: Ab sent : Council Members Harper, Clayton, Williams, Weber , Smith, Mann. None. Council Me mber Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * May or Pro Tern Mann stated there wa s further busin ess that the Co unc i l had to a c t upon at this meeting and declared a recess at 11:10 p.m. The Council reconvened at 11:15 p.m. Upon a ca ll of the roll, the following were present: • I • • - ( January 30, 19 78 Page 17 • • - Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Absent: Council Member Taylor. Th e Mayor Pro Tern declared a qu orum present. * * * * * * COUNCILMAN WILLIAMS MOVED THE COU NCIL POSTPONE ITS SELECTION OF THE RESOLUTIONS FOR RECOMMENDAT ION OF THE PROJECTS TO DRCOG. Motion died for lack of a s e cond. * * * • * * RESOLUTION NO. 4, SERIES OF 1978 A RESOLUTION SUPPORTING AN APPLICATION TO THE DENVER REGIONAL COUNCIL OF GOVERNMENTS REQUESTING THAT U.S. 285 BETWEEN SOUTH SANTA FE DRIVE AND SOUTH BROADWAY BE CONSTRUCTED AS A ONE-WAY COU PLET, WITH THE PRESENT U.S. 285 AS THE WESTBOUND SEGMENT AND WEST ITHACA AVENUE AS THE EASTBOUND SEGMENT, AND THAT FUNDING FOR THIS PROJECT BE APPROVED AS A SUBSTITUTE PROJECT UNDER THE I-470 TRANSFER. ' COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 4, SERIES OF 1978, ROUGH DRAFT il, AS PRIORITY #1. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Weber, Smith, Mann. Co unc il Mem ber Williams. Council Member Taylor. The Mayor Pro Tern declared the motion ca rried. * * * * * * Mayor Pro Tern Mann asked for a sponsor for Rough Draft i2 for a resolution supporti n g an application to DRCOG requesting that Broa dway (Yale to Floyd, Quincy to Belleview), be approved for I-470 transfer funding . No Co uncil member chose to sponsor the resolution. * * * * * * COUNCILMAN SMITH MOVED TO PASS ROUGH DRAFT #3 FOR A RE- SOLUTION SUPPORTING AN APPLICATION TO DRCOG REQUESTING THAT THE KENYON, NAVAJO AND UNION AVENUE ARTERIAL BE APPROVED FOH I-47u TRANSFER FUNDING, CERTIFYINu SUPPORT FOR THE ABOVE. Councilman Clayton • I • • n • January 30, 1978 Page 18 • • - seconded the motion. Upon a call of the r o ll, t he vote resu lted as follows: Ay es : Council Members Smi th , Harpe r, Clayton. Nays: Council Members Will i ams, We ber, Mann. Absent: Council Member Taylor. The Mayor Pro Tern declared th e motion d ef eated. * * * * * * RESOLUTION NO. 5, SERIES OF 1978 A RESOLUTION SUPPORTING AN APPLICATION TO THE DENVER REGI ONAL COU NCIL OF GOVERNMENTS REQUESTING THAT THE KENYON, NAVAJO AND UNION AVENUE ARTERIAL BE APPROVED FOR I-470 TRANSFER FUNDING, CERTIFYING SUPPORT FOR THE ABOVE PROJECT AND CER TIFYING THE INTENTION AND ABILITY OF THE CITY OF ENGLEWOOD TO MATCH FEDERAL FUNDS IF THE PROJECT IS SELECTED. COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 5, SERIES OF 1978, ROUGH DRAFT #3. Councilman Smith seconded the motion. Upon a call of the roll, the vote r es ulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton. Council Members Williams, Weber, Mann. Council Member Taylor. The Mayor Pro Tern declared the motion defeated. * * * * * * Mayor Pro Tern Mann asked for a sponsor for Rough Draft #4 for a resolution supporting an application t o DRCOG requesting that South Logan Street (Dartmouth Avenue to Yale Avenue) be approved for I-470 transfer funding. No Council member chose to sponsor the resolution, * * * * * * Mayor Pro Tern Mann asked for a sponsor for Rough Draft #5 for a resolution supporting an application to DRCOG requesting that South Bannock Street (U.S. 285 to Nassau Avenue) be approved for I-470 transfer funding. No Council member chose to sponsor the resolution. * * * * * * • I • • In ,.., ( January 30, 1978 Page 19 • • - RESOLUTION NO. 6, SERIES OF 1978 A RESOLUTION SUPPORTING AN APPLICATION TO THE DENVER REGIONAL COUNCIL OF GOVERNMENTS REQUESTING THAT WEST QUINCY AVENUE BE- TWEEN SOUTH FEDERAL BOULEVARD AND SOUTH SANTA FE DRIVE BE CON- STRUCTED AND THAT FUNDING FOR THIS PROJECT BE APPROVED AS A SUBSTITUTE PROJECT UNDER THE I-470 TRANSFER. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 6, SERIES OF 1978, ROUGH DRAFT #6, AS PRIORITY#). Councilman Weber seconded the motion. Upon a call of the roll, th e vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Harper, Clayton, Mann. Council Members Williams, Smith. Council Member Taylor. The Mayor Pro Tern declared the motion carried . * * * * * * Mayor Pro Tern Mann asked if any Council Memb e r wanted to sponsor Rough Draft #7 for a resolution supporting the applica- tion requ ~sting the construction of South Clarkson Street b e- tween U.S. 285 and East Orchard Avenue. Mayor Pro Tern Mann suspended the rules and recognized a person in the audience wishing to speak to the Council on this matter. Maurice Jones, 5020 South Washington, appeared before the Council and stated he opposed the South Clarkson Street construction through DRCOG. Mr. Jones suggested that the Council find other means of funding the construction because of the length of time it would take DRCOG to commence action on this project. Director Waggoner stated that the City knows how much of Cla rkson Street is in Englewood and what the City would have to construct. Director Waggoner stated that Clarkson is in the Urban System Program; but it is not funded. Mayor Pro Tern Mann requested the staff provide a cost report on South Clarkson in order for the Council to consider taking on the construction itself. I n response to Mayor Pro Tern Mann's question for a sponsor for Rough Draft #7, no Council member chose to sponsor i t. * * * * * * • I • • ....... January 30, 1978 Page 20 • • • COUN CIL MAN SMITH MOVED TO TAKE RESOLUITON NO. 4, SERIES OF 1978, ROUGH DRAFT #1 , PRIORITY #1 AND USE THAT AS THE PRIME EFFORT IN OBTAINING I-470 TRANSFER FUNDS. Cou n cil man Weber s e conde d the motion. Mayor Pro Tern Mann stated that the chair would not al low the motion to be voted upon because not all the priorities hav e bee n discussed. * * * * * * RESOLUTION NO. 7, SERIES OF 1978 A RESOLUTION SUPPORTING THE APPLICATION FOR REQUESTING THE CON- STRUCTION OF FLOYD AVENUE BETWEEN SOUTH GALAPAGO STREET AND SOUTH ZUNI STREET AS A PROJECT OF REGIONAL SIGNIFI CANCE THAT INVOLVES THE COMMUNITI ES OF ENGLEWOOD AND SHERIDAN. COUNCILMAN OF 1978 , ROUGH DRAFT seconded the motion. as follows: Ayes: Nays: Absent: WEBER MOVED TO PASS RESOLUTION NO. 7, SERIES iB , AS PRIORITY #4. Mayor Pro Tern Mann Upo n a call of the rol l , the vote result ed Cou ncil Members Weber, Mann. Council Members Williams, Smith, Harper , Clay ton. Council Member Taylor. Th e Mayor Pro Te rn declared the moti on d efeated . * * * * * * Mayor Pro Tern Mann asked if any Council me mb e r want ed to sponsor Rough Draft #9 for a resolution supporting an appli- cation requesting the construction of South Zuni Street from Dart- mouth Ave nu e to U.S . 285 as a project of regional significance. No Council memb e r chose to sponsor the resolution. * * * * * * City Manager Mccown stated there was anothe r co n side r a - tion for the Council on this matter and that would be Rough Draft #10, Yale Street (Elati to Downing). City Mana ger Mccown stated that this recommendation had no regional basis; but he wanted t o bring this to Council 's attention. Mayor Pro T e rn Mann asked for a sponsor to Rough Draft #10. No Council member chose to sponsor #10. * * * * * * • I • • • January 30, 1978 Page 21 • • • There being no further buiness, the Mayor Pro Tern declared the meeting adjourned at 12:00 a.m. • I • • In ......... ' n ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 6, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 6, 1 978, at 7:35 p.m. order. Mayor Pro Tern Mann, presiding, called the meeting to The invocation was give n by Reverend Hel en Walker, Esoteric Truth Center, 130 East Girard Avenue. The Pledge of Allegiance wa s led by Boy Scout Troop #154. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present: lb Council Memb e rs Williams, Web e r, Smith, Harper, Clayton, Mann. Absent: Council Member Taylor. The Mayor Pro Tern declared a quorum present. Mayor Pro Tern Mann stated that Mayor James L. Taylor was out of the city on vacation. Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Directo r of Engineering Services Diede Municipal Court Judge Parkinson Deputy City Clerk Watkins • • • • • • COUNCILMAN SMITH MOVED TO APPROVE THE MIN UTES OF THE REGULAR MEETING OF JANUARY 16, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. • I • • February 6, 1978 Page 2 Absent: • • - Council Me mber Taylor . The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED THAT THE MIN UT ES OF THE SPECI AL MEETING OF JANUARY 23, 1978 BE APPROVED . Council man Harpe r seconde d the motion. Upon a call of the roll, the vote resulte d as follo ws: Ayes: Nays: Absent: Council Members Clayton , Williams, Weber , Smith, Harper, Mann. None. Council Member Taylor. Th e Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED THE MINUTES OF THE SPECI AL MEE TING ON JANUARY 30 , 1978 BE POSTPONED UNTIL THE NEXT COUNC IL ME ETI NG ON FEBRUARY 21, 1978. Councilman Clay t on seconded the motion. Councilman Clayton stated that postponement is due to t he fact that the minutes are lengthly; they had been passed out sho rt l y before the meeti ng; consequently, the Council had not had ti me to read them. Upon a call of the roll, the vote resul t e d as fo ll ow s : Ay es: Nays: Abs en t: Council Members Clayton , Will iams, Weber, Smith , Harper, Mann . None . Council Memb er Taylor . The Mayor Pro Tern declared the motion carried . * * * * * * Pre-scheduled visitor Milton Senti, appeared befor e Council to discuss the Diamond Jubilee. Mr. Se nt i sta ted that Sam Love who was scheduled also t o be at this mee t i ng wa s una ble to come. Mr . Senti an n ounced the events that th e Committ ee ha s pla nn ed and requested financial assistance f rom th e Counc i l t o get th e p r ogram s t arted . In reply to Mayor Pro Tern Ma nn's ques ti on r e garding the items that are to be purchased and the re paym e n t o f t he mon e y, • I • • In n ( February 6, 1978 Page 3 • • - Mr. Senti stated he was under the impression that the money was t o be a d onation and not a loan . City Manager Mccown stated that in his conversations wit h Mayor Taylor regarding this, the Mayor had implied the mon ey was to be donated to the Diamond Jubilee Committee as "s ee d" money and it would not have to be r epai d . Councilman Smith stated h understood that Mayor Taylo r met with the Diamond Jubilee Committee during which the Co mmittee sta te d t hat it would disband at the end of the year and any mon ey that wa s left over would be paid back to the City. COUNCIL MAN SMITH MOVED TO GIVE $2,000 TO THE DI AM OND JUBI LEE CO MM ITTEE. Councilman Clayton seconded the motion. Councilman Weber asked for clarification of the City Manag er 's understanding on this matter. City Manager Mccown reiterated that in discussion s wi th Mayor Taylor the money was to be given to the Diamond Jubi l ee Comm ittee to use to get their operation s underway and was not n e ce ssarily to be r e paid to the City . Also, if there were any funds le f t over after the celebration or at the of the year , th e n pe r haps those funds would be returned. City Manager Mcco wn s t at e d that this was his personal under s tanding. Councilman Weber stated his personal und ers tanding wa s that the money was to be repaid. Councilman Smith stated that the idea of repayme n t was un d erstandable since the ECBC ret urn ed money the City gave t o them. Councilman Smith stated that based on the purpose for t he Diamond J u bilee celebration, the Council should support t h e Comm i t tee's efforts by giving them the money witho u t expecti ng to be repaid. Councilman Clayton r e quested that the foregoing con- versat ion be writt en in the minutes and the discussion be con- cluded with the understanding that if it is possible, the Com- mittee reimburse the City at the end of the year . Upon a call of the roll, the vote resulted as follo ws: Ayes: Council Members Clayton , Williams, Sm i th, Harper, Mann. Nays: Council Member Weber . Absent: Council Member Taylor . • I • • In • • Feoruary b, 1~/tl Page 4 use the Jubile e drama. the use eve nts. with the The Mayor declared the motion carrie d. Mr. Senti the n discussed the r e qu es t for permiss io n to Senior Recreation Ce nt er for some of the events th e Diamond has planned, specifically the fashio n show and th e melo- Mr. Senti r equested that Council revie w th ei r policy on of the Cente r and allow the Com mittee t o use it for these Mr. Senti also stated the Co mmittee wo uld be happy to wo rk Recreation De partment to avoid an y conf licts in dat es . Councilman Clayton asked Mr. Senti to provide specific dates prior t o Council's study session on March 6, 1978 for review. Mayor Pro Tern Mann a lso s tated that the Council is study- ing t h e pos sib il i ty of revising the policy concerning the us e of the Ce nt er . * * * * * * Ma yor Pro Tern Mann took the Chair's prerogative departing from th e agend a to present a ca rd of congratulations from all the Cou nci l to Counci lma n Clayton and Mrs. Clayton on the event of their twenty-fifth wedding anniversary. Councilman Clayton thanked the Council on behalf of 0 Mrs. Clayton and himself for the Council 's thoughtfulness, then open : expressed his love and appreciatio n for Mrs. Clay t on for the past years of their marriag e and comm e n ted they both are loo king forward to futur e good years . Councilman Clay ton then introduced his daughter and stated that ~is son and his wi fe were unable to attend. * * * * * * Pre-scheduled visitor Mayor Al Thomas from the City of Northgl e nn, appeared before the Council and presented a Resolution to the Engl e wood City Council thanking the Counci l for their support of Nort hgle nn in the DRCOG 208 Clean Water Plan. Mayor Pro Tern Mann thanked Mayor Thomas and accepted th e Resolution on b e half of th e City Council. * * * * * * Pre-scheduled vi sitors Mayor Bonn ie Allison and Council- woman Norma Daly from the City of Edgewater appeared before Council and discussed the City of Edgewater's campaign for "Kill The Cloud" which is their fight agai nst pollution. Councilwoman Norma Daly stated the surroundi ng cities had to accept partial responsibility for t he pollution problem that exists in Denver. Ther efo re, these su rrounding cities coll ec tively shou ld help in the clean up and the • I • • ( • February 6, 1978 Page 5 • • • prevention of pollution. Councilwoman Daly stated that the City of Edgewater has come up with several i deas for this campaign; one idea is the display of bumper stickers on cars with the slogan "I never drive on Monday" or whateve r day the people choose not to drive. Councilwoman Daly solicited the members of Council for their endorsement and left a se t of bumper stickers if anyone wanted to use them . * * * * * * Pre-scheduled visitor Mrs. Jackie Schmitz , 4275 South Pennsylvania Street, appear e d before Council and discussed a request to rename Duncan Park to th e John Rotolo Park. In reply to Mayor Pro Tern Mann's question, Mrs. Schmitz stated that she had contacted Director Romans of the Parks and Recreation Department who in turned referred her to th e City Manager and the City Council. Councilman Harper stated the park was school property and the City leases the land for a park. City Manag er Mccown stated the City has a twenty-five year lease with the school for the park but th e real ownership of the land is unclear due to a court decision several years ago . Councilman Smith stated Duncan School was named after a school teacher and when part of the la nd was turned i nto a park the name was carried over. Councilman Smith also stated to separate the name without separating the property may pose legal problems. COUNCILMAN SMITH MOVED THAT COUNCILMEN CLAYTON AND HARPER BE INSTRUCTED TO TAKE THIS REQUEST FROM MRS. JACKIE SCHMITZ BEFORE THE SCHOOL-COUNCIL COMMITTEE AT THEIR MEETING TUESDAY, FEBRUARY 7, 1978 FOR INVESTI GATION. Councilman Weber seconded the motion. Upon a call of the roll, the vot e re s ulted as follows: Ayes: Nays: Ab sent: Council Members Clayton , Williams, Web e r, Sm i th, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried; and informed Mrs. Schmitz that the Council would try to have some answers for her in the next two weeks. * * * * * * • I • • n • February 6, 19 7 8 Page 6 • • - Ma yor Pro Tern Mann asked i f there were any other visitors in the audience wishing to speak to the Co un cil on any issu es . William Anderson, 4981 South Washington, appeared before Council and discussed several items . First , Mr. Anderson compli- mented the Council for allocating funds to bu ild the Sinclair Bath Hou se . Secondly, Mr. Anderson discussed his opinion on the limited amount of Englewood news that is published i n the Senti nel and stated that the citizens need e d a newspaper. Thirdly, Mr. And erso n stated the rug at the Malley Center needs to be replaced and the Cent er is too cold. Fourthly , Mr. Anderson discussed h is o pp osition of th e proposed Santa Fe annexation ar ea b e cause of th e expense to service t he area. Fifthly, Mr. Anderson discussed hi s opposition towards Englewoo d supplying sewer services to the proposed develop- ment for the Phipps Ranch. Lastly , Mr. Anderson urged the Council to pass the flood plain o rd inance for the protection of the citizens in that area and not to be swayed by CON SENSUS. * * * * * * Mayor Pro Tern Mann asked if there were any other visitors wishing to speak to the Council on any issues. Municipal Court Judge Louis Parkinson appeared b efore Coun cil and discussed his recommendations for changes in Muni- cipal Court. Municipal Court Judge Parkinson referr e d the Coun cil to ag enda item -7e. Coun c i l man Clayton stated that these recommendations raise several issues and asked if the Judge had discussed the proposed upgrading of employees with the Director of Finance and the City Manager; and if the Judge still was of his original opinion. Judg e Parkinson stated he had discussed the matter with th e Director of Finance and the City Manager and was still of the opinion that the Court n eeded to be changed. COUNCIL MAN SMITH MOVED THAT AGENDA ITEM 7E, "MEMORANDUM FR OM JUDGE PARKINSON TO MAYOR TAYLOR AND CITY COUNCIL CONCERNING RECO MMENDED CHANGES TO THE MUNICIPAL COURT" BE TAKEN OUT OF ORDER. Councilman Clayton second e d the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton , Williams, Weber, Sm i th, Harpe r, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * • I • • - ( February 6 , 1978 Page 7 • • - COUNCILMAN SMITH MOVED TO SET A SPECIAL ME ETING WIT H THE JUDGE, THE CITY MANAGER, THE CITY ATTORNEY, AND THE CITY COUNCIL FOR MARCH 13, 1978 AT 7:00 P.M. AT WHICH TIME A FULL PRESENTATION WILL BE GIVEN BY ALL PARTIES INCLUDING LEGAL OPINIONS FROM THE CITY ATTORNEY ADMINISTRAT IVE OPINIONS FROM THE CIT Y MANAGER AND ANY ADDIT IO NAL INFORMATION THAT JUDGE PARKINSON WOULD LIKE TO SUBMIT. Councilman Harper second e d the moti o n. Ma yo r Pro Tern Mann informed Judge Par kins o n that the time of the special mee t ing might be changed, and the Council would let him know. Cou n cilman Smith requested that each pro posed prese ntation be submitted to each individual Council memb e r in wr iti ng one we e k prior to the meeting. City Attorn ey Berardini stated that it wa s important th at the Council be aware of th e historical evolution o f the Municipal Court in Engl e wood for a b etter perspective and understanding of what has happened, and his presentation would cover the historical aspects as well as how th e issue related to the Cha rt er authority . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abs e nt: Council Members Clayton , Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Ma yor Pro Tern de clared the motion carried. * * * * * * Ma yor Pro Tern Mann asked if there were any other visitors wi shing to address the Council on any issues. Mr. Tucker, 220 4 East Dartmo u th Circl e, appeared b efore the Cou nc il and asked for clarification from Counci lman Weber on whether a petition could be presented at this meeting protesti ng Paving District No. 25 . Councilman Weber replied that the petition could not be presented until the next public hearing which is scheduled for February 21 , 1978 . * * * * * * "Communications -No Action Recommended" on the agenda were received: • I • • February 6, 1978 Page 8 (a) (b) (c) (d) (e) • • • Minutes of the Planning and Zoning Commission meeting of December 20, 1977. Minutes of the Denver Regional Council of Governments meeting of December 21, 1977. Minutes of the Planning and Zoning Commission meeting of December 27, 1977. Minutes of the Public Library Board meeting of January 10, 1978. Minutes of the Board of Career Service Com- missioners meeting of January 19, 1978. Councilman Smith queried whether the Board of Adjustments and Appeal s had met last month and the omission of the minutes from the foregoing list if they had. * * * * * * City Manager Mccown presented the minutes of the Water and Sewer Board meeting of January 17, 1978 and asked Administrative Assistant Hugh Brown to present the Board's recommendations. Administrative Assistant Brown stated that the Board has four recommendations, three of which are related to additions to Santitation Districts and the other for a moratorium on water taps outside the City. Administrative Assistant Brown stated the Board wish es Supplement #8 to Valley Sanitation District to be withdrawn for the time being until it is rewritten to include certain restrictions. The Council agreed to the omission at this time. Administrative Assistant Brown discussed the recom- mendation for Supplement #57 to Southgate Sanitation District which is the addition of eight homes. COUNCIL MAN WILLIAMS MOVED TO APPROVE THE WATER AND SEWER BOARD'S RECO MMENDATION FOR SUPPLEMENT #57 TO SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton , Williams, Weber, Smith, Harper, Mann. Nays: None. Absent: Council Member Taylor. The Mayor Pro Tern declared the motion carried • • I • • ( February 6, 1978 Page 9 • • • Administrative Assistant Brown discussed the Water and Sewer Board's recommendation for Supplement 158 to Southgate Sanitation for an addition of eight individual office buildings. COUNCILMAN HARPER MOVED TO ACCEPT THE RECOMMENDATION FROM THE WATER AND SEWER BOARD FOR SUPPLEMENT #58 TO SOUTHGATE SANITATION DISTRICT. Councilman Williams seconded the motion. Upon a call of the roll, the vote r esulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Memb er Taylor. The Mayor Pro Tern declared the motion carried . Admin istrative Assistant Brown discussed the Water and Se wer Board's recommendation for a moratorium on water taps outside the City. Administrativ e Assistant Brown stated this is of con- cern to the Board because the Allen Plant presently is operating at capacity and additional taps would an overload. Adminis trative Assistant Brown stated the Water and Sewer Board recommends plac- ing a moratorium on future water taps outside the City unt il the Allen Plant is completed approximately in two -three years. COUNCILMAN SMITH MOVED TO APPROVE THE RECOMMENDATION FROM THE WATER AND SEWER BOARD TO ESTABLISH A MORATORIUM ON THE SALE OF TREATED WATER TAPS OUTSIDE THE CITY UNTIL THE ALLEN FILTER PLANT CONSTRUCTION IS COMPLETE. Mayor Pro Tern Mann seconded the motion. Councilman Harper stated that he was not familiar with the outside territory in which Englewood has supplied water and asked for clarification on the declaration of a moratorium on water taps either individually or collectively. City Manager Mccown stated that people must first be refused service by the Denver Water Board before they can con- tact Englewood . City Manager Mccown pointed out the areas that are presently being serviced and mentioned that thes e areas have been serviced by Englewood for many years. City Manager Mccown stated the City is relunctant to service any new areas because of the system's inherent problems. City Manager Mccown stated that a new tap was approved a year or so ago; however, improvements had to be constructed by the developer himself which were never carried out. City Manager Mccown stated the main problem about approving outside water taps is the drain on the water system for the citizens of Englewood. • I • • February 6, 1978 Page 10 • • - A le ngthy discussion then ensued concerning sewer taps and water taps; the City's obligations to service areas request- ing permission for thes e taps; and whether a moratorium should be a blanket coverage or wh ether consideration should be given to each individual request for a tap. Councilman Smith stated he was in favor of the moratorium because he thought the citizens of Englewood would be protecte d against any decrease in the water supply. Cou ncilman Smith al so stated that approving individual water taps places the City in precarious positions , i.e. approving a water tap because the tap may be adjace nt to a previously approved tap. Councilmen Clayton, Harper, and Webe r expressed ob- jection to the conce pt of a blank morato rium which the Board is requesting. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Cou nc il Member Smith. Council Memb e rs Clayton , Williams, Web er, Harper, Mann. Cou nc il Member Taylor , The Mayor Pro Tern declared the motion defeated, * * * * * * City Manager Mccown presented a request from Encore, Inc. d /b /a/ South Door, 5470 South Broadway, for an annual re- newal for a 3.2 beer license. City Manager Mccown stated that the Chief of Police recommends approval of this request even though their police report indicates a significant amount of police incident reports. City Manager Mccown stated the Chief of Police further commented that the management of the South Door is operating the establishment well and most of the in-cidents were minor. COUNCILMAN WEBER MOVED TO APPROVE THE ANNUAL RENEWAL OF A 3.2 BEER LICENSE FOR ENCORE INC. d/b/a SOUTH DOOR, 5470 SOUTH BROADWAY. Councilman Williams seconded the motion. Upon Councilman Weber's request, City Manager Mccown explained the Police Department's report and the definitions of the incidents as they are denoted in the report. Mayor Pro Tern Mann commented that the South Door management should be complimented and further encouraged to call the Police Department on any disturbance. • ) I • • n ( February 6, 1978 Page 11 • • • COUNCILMAN SMITH MOV ED TO POSTPONE THIS ITEM UN TIL THE OWNERSHIP OF THE SOUTH DOOR AND CAPTAIN FRAIZER CAN APPEAR BEFORE THE COUNCIL. Councilman Clayton seconded the mot ion . Councilman Clayton stated he thought the management was doing a good job; however, he wanted them to meet with the Council so they would know the Council is concerned. Councilman Smith stated the reason he made the motion was that some of the disturbances are generated by a fight, etc. and it is the Council's responsibility to show concern. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Clayton. Nays: Council Members Williams, Web e r, Harper, Mann. Absent: Council Members Taylor. The Mayor Pro Tern declared the motion defeated. Upon a call of the roll, the vote on the original motion to approve the annual renewal of a 3.2 beer license for the South Door resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Will iams, Weber, Harper, Mann. Council Member Smith. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPROVE THE REQUEST FOR AN ANNUAL RENEWAL 3.2 BEER LICENSE FOR U TOTEM OF COLORADO, INC., 123 EAST BELLEVIEW. Councilma n Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Cou ncil Member Taylor • I • • February 6, 1978 Page 12 ,. • • - The Mayor Pro Tern declared the motion carried . * * * * * * COUNCIL MAN HARPER MOVED TO APPROVE A REQUEST FO R AN ANN UAL RENEWAL OF A LIQUOR-LICENSED DRUG STORE FOR MR. THOMAS J. GI NTHER D/B/A CHERRELYN DRUG STORE, 4285 SOUTH BROAD- WAY. Coun cilman Williams s e conded the motion. Upon a call of the roll, the vo te re sulted as follows: Ay e s: Nays: Absent: Council Members Cl ay ton, Williams, Weber, Smith, Harpe r, Mann. None. Cou ncil Member Taylor. Th e Mayor Pro Tern d eclare d th e motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE RECOMMENDATION FRO M THE PLANNING AND ZONING COMMISSION DATED MARCH 22, 1977 IN CASE 131-76. Counc i lman Clayton s eco nd e d the motion. Councilman Smith stated that he took part i n this recomm e ndation while he was on the Plann i ng and Zoning Commission. Councilman Smith acknowledged there wer e differences of opinion on t he Council and the reasons why . Coun cil man Smith further s tated that it was h is personal opinion the Cou nci l was using R.P.R. Brothers as a hostage for action from Larwin if the re- commendation was not approved . Upon a call of the roll, the vote result e d as follows : Ayes: Nays: Absent: Council Member Smith . Counc il Members Clayton, Wi lliams, Web er , Harper, Mann. Council Member Taylor. The Mayor Pro Tern declared the motion defeated. Mayor Pro Tern Mann requested that the City Mana ger e x- plain th e reasoni ng behind the Council's denial of the Plann i n g and Zon i ng Co mmi ss ion. City Manag er Mccown stated he thought one of the Co uncilmen who voted aga i nst the motion would b e better e quipped for an explanation. • I • • ( ( • February 6, 1 978 Pag e 13 • • - Councilman Weber volunteered. Councilman Weber stat e d that it was not the Council's intention to hold R.P.R. Broth e r s hostage for a previously agreed upon subdivision with Larwin. Councilman Weber stated the other members of the Council felt to deny the recommendation was the only to find out what Larwin's intention was for the total piece of property. Councilman Web e r also stated the Council does not want to spot zone on a piece of property that had previous-agreed-upon plans. Mayor Pro Tern Mann stated if anyone was holding R.P.R. Broth ers hostage it was Larwin. Councilman Weber stated Larwin did not develop the recreation center in the middle and tried to s e ll the surrounding pieces of property leaving a piece of undeve loped land which pro- bably would r e main undeveloped . Councilman Clayton stated the Council's intentions were to d e velop the land and approving the recommendation would not carry out pre vious committments other Councils had mad e for that part of the City. Councilman Harper concurred with Councilman Weber's comments. Councilman Harper also stated that there will be future development on the site but it will be under proper conditions. Councilman Williams stated he agreed with the other Councilmen's comments on denying the recommendation. Councilman Smith stated he was amazed that this Council would state that they are fulfilling previous commit- tments from other Councils when no member agrees the continuation of the development on the Larwin site would be beneficial to the City . Councilman Smith further stated that in past Council discussions, practically no member, in the end, disapproved of what was recommended to be built on the site including the residents who previously opposed it . Councilman Smith stated that it should be understood b y the residents that the decision was not one-sided and i t was his opinion the residents in the area will continue to oppose any kind o f development in that area as long as they postpone it. * * * * * * City Manager Mccown presented a recommendation from Municipal Court Judge Louis Parkinson to name Haydn Swearingen as Associate Judge . COUNCILMAN CLAYTON MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION APPOINTING HAYDN SWEARINGEN AS ASSOCIATE JUDGE. Councilman Williams seconded the mot ion. Upon a call of • I • • ...... February 6, 1978 Page 14 • • - the roll, th e vo t e r e sult e d as f o llows: Ayes: Nays: Absent: Council Members Clayton, Williams, Web e r, Smith, Harper, Mann . None. Council Member Taylor. Th e Mayor Pro Tern declar e d th e motion carried. * * * * * * Mayor Pro Tern Mann d e clared a r e cess at 9:30 p.m. The Council reconvened at 9:45 p.m. Upon a call of the roll, the fol-lowing were present: Council Members Williams, We b e r, Smi t h, Harper, Cl ayt o n, Mann. Absent: Council Member Taylor. The Mayor Pro Tern declare d a quorum present. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE APPROVING A CONTRACT FOR THE EXCHANGE OF REAL ESTATE WHEREBY THE CITY OF ENGLEWOOD, COLORADO, SHALL GRANT CERTAIN PROPERTY TO THE ESTATE OF K.C. ENSOR ANO THE ESTATE OF K.C. ENSOR SHALL GRANT CERTAIN PROPERTY TO THE CITY OF ENGLEWOOD, COLORADO, FOR USE AS A PUMPING STATION. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Clayton seconded the motion. In answer to Councilman Clayton's question, City Attorney Berardin i stated that the exchange was e stimated t o be equal in property value even though unequal in land ar e a. In answe r to Councilman Clayton's question, City Manager Mccown stated that the staff has properly investi-gated the exchange. In response to Councilman Weber's request for a written appraisal for the land, City Attorney Berardini • I • ( ( February 6, 1978 Page 15 • • • stated he wou ld provide either th e letter from th e apprais er or surrogate mat e r ial that will support the e q uality of th e exchange at the next regular Council me eti ng when th e bill comes up for final reading . Counc il man Clayton r e quested the City Att or n ey t o provide also th e d ee ds for this proper ty at the next r e gular Co uncil meeting . Upon a call of th e roll, the vote resulted as follo ws: Ayes: Na ys: Abse nt: Council Me mb ers Clayton, Williams , We ber, Smith, Harper , Mann. None. Cou ncil Member Taylor. Th e Mayor Pro Tern d ecl ared th e moti on carri ed . * * * * * * INTRODUCED AS A BILL BY CO UNCILMEMBER CLAYTON A BILL FOR AN ORDINANCE CREATING PAVING DISTRICT NO. 25 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET AND ALLEY PAVING, CURB AND GUTTER AND SIDEWALK IMPROVE- MENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEMENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS. COUNCILMAN CL AYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET THE PUBLIC HEARING FOR FEBRU- ARY 21, 1978. Councilman Smith seconded th e mot ion . COUNCILMAN SMITH MOVED TO AMEND THE MOTIO N AND DELETE FROM PAVING DISTRI CT NO . 25 THE ALLEY EAST OF 3700 BLOCK SOUTH BROADWAY AND THE ALLEY EAST OF 4000 BLOCK SOUTH BROADWA Y. Council- man Weber seconded the motion . Upon the approval of Councilman Smith and Councilman Weber , Councilman Williams adde d to the motion th e d eletion of the alley east of 4700 block So uth Broadway . Ma yor Pro Te rn Mann stated that he has been c o ntact e d to includ e the alle y e ast of 4700 South Broadway. Councilma n We b e r wi thdrew his second to th e mot ion to delete the alley ea st of 4700 block South Broadway. Council- man Smith withdrew his mot ion to delete same . • I • • n r, Februa ry 6, 1978 Page 16 • • - Upon a call of the roll, the vote o n the am endm e nt t o the motion resulted as follows: Ayes : Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. Th e Mayor Pro Tern declared the motion carried. COUNCILMAN WEBER MOVED TO AMEND THE MOTION AND DELETE FROM PAVING DISTRICT NO. 25 EAST AMHERST PLACE FROM THE EAST SIDE OF SOUTH PENNSYLVANIA STREET TO THE WEST SIDE OF SOUTH CLARKSON STREET FOR THE REASONS STATED IN A PETITION AND A COVER LETTER SUBMITTED ON JANUARY 30, 1978, FROM THE HOME OWNERS IN THAT AREA. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abs e nt: Council Members Clayton, Wi lli ams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. COUNCILMAN WILLIAMS MOVED TO AMEND THE MOTION AND DELETE FROM PAVING DISTRICT NO. 25 SOUTH WASHINGTON CIRCLE FROM THE WEST SIDE OF SOUTH WASHINGTON STREET (APPROXIMATELY 5010 SOUTH) TO WEST SIDE OF SOUTH WASHINGTON STREET (APPROXIMATELY 5050 SOUTH). Council- man Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ay es : Nays: Abs en t: Council Member s Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION AND DELETE OF EAST GRAND AVENUE TO NORTH SIDE OF EAST BELLEVIEW AVENUE. Council- man Harper seconded the motion. Upon a call of the roll, the vote resulted as fo llows: • D I • • ( February 6, 1978 Page 17 Ayes: Nays: Absent: • • • Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Memb er Taylor. The Mayor Pro Tern declared the motion carried. COUNCILMAN SMITH MOVED TO AMEND THE MOTION AND DELETE FROM PAVING DISTRICT NO. 25 SOUTH DELAWARE STREET FROM SOUTH SIDE WEST EASTMAN AVENUE TO NORTH SIDE OF WEST FLOYD AVENUE. Councilman Web e r seconded the motion. Councilman Smith recalled the petition that was submitted protesting the paving and stated that was the reason why he made the recommenda tion; however, th e residents should be made aware of the fact it was the engineer's opinion that there was enough seepage under the street to cause rapid deteroriation. May or Pro Tern Mann requested the section from the staff r epo rt on this area be read . Director of Public Works Waggoner read the section affirm- ing the nee d for reconstruction of this area on South Delaware St. In response to Mayor Pro Tern Mann's question, Director Waggoner r e - ite reated the Department's recommendation was to reconstruct this area. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Smith, Harper. Council Members Williams, Weber, Mann. Council Member Taylor. The Mayor Pro Tern declared the motion defeated . An unidentified gentlemen in the audience requested Council's clarification for the taking of property by the City from the owners for r i ght-of-way purposes and requested that a clause be inserted in the bill protecting the property owner in such a case. City Attorney Berardini stated the provision for the ap- praisal of properties for the taking of property by the City for right-of-way purposes traditionally is conducted later by resolution. • I • • February 6, 1978 Page 18 • - There were no fur t her amendments to the mo tion. Councilma n Smith r e qu ested th e staff contact the owners of South Huron Street and inform the owners of the dis- cussions held at study sessions regarding th e differe nt e x pense and durability of them p e rsonally paving the street with asph alt as opposed to constructing a ne w street with a cu rb and gutt e r. Dir e ctor of Public Works Wag go n e r informed th e Council t hat under Se ction 6 of the bill the assessme nt of costs is $96 2 ,500 and the estimated City's cost is $195,400 approximat ely . Up o n a call of the r o ll, th e vote r es ult e d as follows: Ay e s: Nays: Absent: Council Members Clayton, Williams, Weber , Smith, Harper, Mann. Non e . Council Member Taylor. The Mayor Pro Tern declared the motion carried. Cou n cil man Smith requested that th e staff r e port be sent to the -petitioners protes €ing Paving District No. 25. Councilman Harper recommended bef o re another paving district is formed, the Council give special co n sideration to the paving of all eys and th e assessm e nt of costs for major arteria l o r collector streets . * * * * * * City Attorn ey Berardini presented a l e tter from himse l f to Mr . M. M. Summers regarding the City's liability in this matter. Ci ty Att o rney Berardini stated it was his opinion that th e City of Englewood has no liability to Mr. Summer s or to anyon e else as a resul t of the inspection of the repair of Mr. Summ ers 's roof by Allied Roofing Company. City Attorney Berardini stated the matter was of a private concern between Mr . Summ e rs and Alli e d Roofing Co mpany and should be further investigated by Mr. Summ ers himself. Ci ty Attorney Be rardini further sta ted that the City has no contractual relationship betwe en Mr. Summers and th e City can not involve itself in this case. In r es ponse to Councilman Smith's question, City Att or ney Berardi n i replied that his letter and attached documents would not affect any future legal proceedings Mr. Summers may pursue against the roofi ng co mpany. • D I • • ...... ( Fe brua ry 6, 19 78 P ag e 1 9 • • - COUNCILMAN SMITH MOVED TO ACCEPT THE REPORT FROM THE C ITY ATTORNEY DATED FEBRUARY 6, 1978, CONCERNING THE CLAIM OF MR. SUMMERS AND THAT A COPY OF THE REPORT BE SENT TO MR. M.M. SUMMERS. Councilman Clayton seconded the motion. Upon a cal l of the roll, the vote resulted as follows: Ayes: Nays: Abs e nt: Counc i l Members Clayton, Williams, Web e r, Smith, Harper, Mann. Non e . Co uncil Memb e r Taylor. Th e Mayor Pro Tern declared the motion carri e d. * * * * * * City Attorn e y Berardini presente d a me mo randum f r o m hi m- self to t he Counc i l conce rning the l e gal newspape r designation for the City. City Attorn e y Be rardini stated that h is lette r conclu d es the Englewood He rald S e ntinel is currently the on ly qualified leg al newspaper with i n the me aning of the Statue to which the City may lawfully submit le gal publications. COUNCI LMAN CLAYTON MOVED THAT THE CIT Y COUNCIL APP OINT THE ENGLEWOOD HERA LD SENTINEL AS THE LEGAL NEW S PAP ER FOR THE C ITY FOR THE CALENDA R YE AR OF 1978. Counc i l man Weber seconded the mot io n. Up o n a call of t he roll, the vo te r esulted as follows : Ay es: Na ys: Absent: Cou nc i l Memb e rs Cla yto n, Weber, Smith, Ha r pe r, Mann. Council Member Will iams . Counci l Member Taylo r. The Mayor Pro Tern d e clared t he motion carried . * * * * * * City Manager Mccown prese nt e d a s ta tus report on the P ublic Improvement Fu nd ba l anc e for 1 9 77 f r om the Directo r of Fi nan ce. c i ty Manage r Mccown di s cus se d t h e report a n d sta ted t ha t $20,000 is the es t i mat e d amount to be l ef t ov e r a t the e nd of t he y e ar even though t h e f igure is unaudit e d at t hi s ti me . COUN CILMAN SMITH MOVED THAT THE $20,000 NOW IN THE P UBLI C IMPROVEME NT FU ND BE DESIGNATED FOR THE MILLER BUILDING IMPROVEMENT, Councilman Cl ayton s e conded the mot i on • • I • • Februa r y 6, 1978 Pag e 20 • • - Council man Smith r e qu e sted that a d e t ailed estim at e on the Mille r Bu i lding b e provided b e caus e of th e escaluating cost e stimat e s that have been speculated . In answer to City Manag er McCown's que s t io n, Council- man Smith stated a resolution n ee ds to b e prepared amending th e Six Quarter Budget to be presented at the n e xt r e gular Council meeting. Upon a call of the roll, the vote r es ult e d as follows: Ayes: Council Members Clayton, Wi ll i ams, Weber, Smith, Harper, Mann. Nays: None . Absent: Council Member Ta y l o r. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED THAT THE COUNCIL STUDY SESSION BE MOVED FORWARD TO 5:00 P.M. ON FEBRUARY 13, 1978, AND THAT THE ITEM AT 5:00 P.M. ON THE AGENDA BE THE TOUR OF THE MILLER BUILD- ING FOR THE CITY COUNCIL AND TO INCLUDE MR. E. ROMANS AND WHOM- EVER ELSE THE CITY MANAGER SELECTS. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Web e r, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the mo tio n carried. * * * * * * Ci ty Manag e r Mccown presented a memorandum from the Di- rector of Public works and the Director of Engineering Services co n cerni ng problems the City is having in the repair of sidewalks and curbs. Ci ty Manager Mccown stated that the Director of En- gineering Services and the Director of Public Works is recomm e nd- i ng the City immediately send out notices to various property owners to repair their sidewalks within thirty days ; and if the owners did not do so, then the City should appropriate money to repair the sidewalks. City Manager Mccown stated the Directors further recommend working with the City Attorney's office to effect a better system under which the curbs, gutters and sidewalks can be repa ired. • I • • - ( February 6 , 1978 Page 21 • • • Dir ec tor of Public Works Waggoner appeared before Council and discuss ed t he recommendation. City Attorney Berardini explained the City's legal position and liability to repair the side walks under the Code. City Attorney Berardini stated it was his opinion to delay these repairs so that they may be place d in a sidewalk district prolongs the problem. COUNCILMAN SMITH MOVED THAT THE CITY COUNCIL SEND EACH ONE OF THE PROPERTY OWNERS LISTED A LETTER NOTIFYING THEM OF THEIR THIRTY DAY REPAIR NOTICE AND THAT THE STAFF PREPARE A PROCEDURE OR A RECOMMENDED ORDINANCE WHICH WILL MORE ADEQUATELY TAKE CARE OF SIDEWALKS IN NEED OF REPAIR IN THE CITY OF ENGLEWOOD. Councilman Clayton seconded the motion. City Attorney Berardini stated for clarification purposes that Council could commence authorization for the repair of the sidewalks submitted on the list; however, furth er investigation and research would have to be done in order to r ecommend any kind of an ordinance change. Upon a call of the roll, the vote result ed as follows: Ayes: Nays: Abs e nt: Council Members Clayton, Williams, Weber, Smith, Harper, Mann . None. Council Member Taylor. The Mayor Pro Tern declared the motion carried . * * * * * * City Manager Mccown presented a memorandum from the Director of Public Works to the City Manager concerning a street sweeper justification and a request for author i zation from the Council to negiotate the purchase of the sweeper. Director of Public Works Waggoner appeared before Council and discussed the request. In answer t o Councilman Smith's question, Director Waggoner stated that this sweeper with the desired features is built by only one manufacturer and it would be useless for the City to solict any other bids. A lengthly discussion ensued concerning the specifications of the sweeper, the benefits of this particular sweeper, and the City's position in this manner of purchase . COUNCILMAN SMITH MOVED TO POSTPONE THIS MATTER UNTIL THE NEXT COUNCIL MEETING AT WHICH TIME THE STAFF PROVIDE COMMENTS CON- • ) I • • • February 6, 1978 Page 22 • • - CERNING THE SWEEPER FROM COLORADO SPRINGS AND ADDITIONA L BRO - CHURES AND TECHNICAL INFORMATION ON THE SWEEPER. Councilman Clayton seconded the motion. Councilman Smith commented that the staff knows surely what they want in regards to a street sweeper; howev e r, the Council should also review th e technical info rmat i on and be made aware of the specifications prior to ta king any kind of action. Upon a call of the rol l , th e vote resulted as follows: Ayes: Counc il Members Smith , Cl ayton. Nays: Counc il Members Williams, Weber, Harper, Mann. Absent: Council Member Taylor. The Mayor Pro Tern de clared the motion defeated. COUNCILMAN WILLIAMS MOVED TO AUTHORIZE THE STAFF TO NEGOTI- ATE THE PURCHASE OF A STREET SWEEPER. Councilman Harper seconded the motion. Councilman Smith voiced his oppos i tion to the motion because he thought additional information on the sweeper should be supplied for review and before permission t o negiotate is granted. Councilman Weber and Councilman Harper agreed that the Council could depend upon the staff's expertise in a selection of a sweeper. Councilman Clayton expressed his objection to the manner in which the matter has been presented to Council. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Harper, Mann. Co uncil Member Smith. Council Memb er Taylor. The Mayor Pro Tern declare d the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Di- rector of Parks and Re c reation to the City Manager concerning • I • • - ( ( • February 6, 1978 Page 23 • • - Centennial Park Development. City Manager Mccown stated the main issue is Phase II for which the City is eligible for a federal grant to assist in the Phase II development; however, the City must match these funds to complete it. COUNCILMAN WEBER MOVED TO POSTPONE THIS MATTER UNTIL THE STUDY SESSION, FEBRUARY 13, 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Director of Public Works to the City Manager concerning Little Dry Creek and a conflict that exists for the proposed plans for land from South Platte River Drive to Santa Fe Drive. In answer to Councilman Smith's question, City Attorney Berardini replied that the City would have to adopt a plan in order to deter any development in this area. The Council decided to place this item on the agenda for the study session on February 21, 1978 which is to begin at 5:00 p.m. * * * * * * RESOLUTION NO. 8, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 SEWER FUND BUDGET. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 8, SERIES OF 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Williams, Weber, Harper, Mann. Nays: Council Member Smith. Absent: Council Member Taylor. • I • • February 6, 1978 Page 24 • • - The Mayor Pro Tern declared the motion carried, * * * * * * COUNCILMAN CLAYTON MOVED TO APPROVE THE PROCLAMATION READ BY MAYOR PRO TEM MANN PROCLAIMING THE MONTH OF FEBRUARY, 1978, AS "TRANSIT AWARENESS MONTH". Councilman Weber seconded the motion. Upon a call of the roll, the vote resu lted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Memb e r Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Councilman Smith instructed the staff contact the firm that installed the microphones in the Chambers to make a service call and repair the system before the next Council meeting. There being no further business, Mayor Pro Tern Mann de- clared the meeting adjourned at 11:30 p.m. • I • • C • • • • TO: Andy Mccown, City Manager FROM : William D. James, Dire cto r of Finance, Gary Diede, Director of Engineering Services, and Harry Taylor, Purchasing Agent DATE: February 16, 1978 SU BJECT: Englewood Public Library Renovation Bid Sealed proposals were received by the Office of the Director of Finance (Purchasing) on February 14, 1978 for the renovation of the Englewood Public Library. Bids were taken on nineteen (1 9) subsections which comprise the majori ty of the work to be performed. The following attachments are included : Attachment #1 -Summary of low bids Attachment #2 -Letter of recommenda tion f rom the City's consulting architect on the project Attachment #3 -Budget Summary Attachment //4 -Construction Managers Lab o r and Material Costs The bid s we r e competitive and favorable to the City . The total of the low bid $130,561 for the nineteen (19) s ubsections is below the architects construction estimate $135,993 for those subsections by $5,432. We therefore recorrnnend the award for the construction of those nine teen (19 ) subsections of the Englewood Public Library Renovation Bid be made as in Attachment #1 -Summary of Low Bids. ~~ WILLI~AMES ~//.~ HAR.6 TAYLOR sh Enclosures • I • • n • • • Si.M1ARY OF I.J:M BIOO Subsection gonpany 3E Fernandez Brothers Concrete Forming Canpany 3F E. J. Gibbons Bid $ 1,075 2,652 4,234 3,600 5,200 1,300 4A Chier Herrnai Masonry 5J J. R. North Architectual Metals 6G F. G. Cabinet Soop 7G Willi.ams Insulation 7J Al Nace Roofing Canpany 8A Custom Glass Cct!t>any 8J ' W. R. Crabb Inc. 8N Dahl Sales Inc . 8Q Ankmar IXX>r Sales 9D 1-bward Drywall Inc. 9E Howard Drywall Inc. 9N Mich.est Sales 9R Don Felsen 9T 0-Ney Painting Canpany 15A Helm Corporation 15B Ace High Sewer Constructicn Caq,any 16A Hane Electric Ca1')any • • 637 BOO 2,332 3,658 497 5,348 4,818 838 20,940 3,485 40,464 2,250 26,433 $130,561 0 ATTACHl1ENT Ill Description Footings and Foundation Flat:\\Ork -concrete ~ Millwork Insulaticn Built-up Roof Glass and Glazing Frames and IXX>rs Folding partitions Overhead Garage IXX>rs Drywall Acoustical Ceiling Flooring Carpet Painting Mechanical Sewer Electrical In • • - • •• • February 16, 1978 Englewood City Council Ci ty of Englewood Engl ewood, Colorado 80110 Gentlemen: • • • ATfAOL'1ENI' #2 RE: Englewood Library Add ition and Ren ova ion I t is our recommendation that the Cou ncil acc ept t he proposed sub-contract bids for co nstruction of the Englewood Library Addition and Renovation for the total amou n t of $130,561 .00. This amount represents t he sum of the 19 di f f erent sub-contract package s competit ivel y bid and publicly opened on Tu esday, February 14 , 1978. We al so recomme nd the acceptance of the amount of $3 1 ,818,00 for the Co nstructio n Manager's estimated labo r a nd materials cost . This makes a total construction cost of $162,379 .00, as compared to the construction c os t est i mate prepa red in January of $163 ,334.00, Th ank you for your cons ideration. Sincerely, ,~cl' £:. ~~~~~ Ronald E. Rinker Ba rker, Rinker, Se acat, Architects Inc. RER/ jed • I • • n - • • t • • • • BUDGET SUMMARY Co nstruction Cost (19 Subs ec tions per bid) Construction Managers* (labor and mat e r i al costs ) Archit ectual Fees Cons truction Managers Fees Contingenc y $130 ,5 61 31 ,81 8 17 ,500 15,000 5,000 TOTAL ESTIMATE PROJECT COS T TOTAL BUDGET ATTACHMENT #3 $19 9 ,8 7 9 $200 ,00 0 *Con struct ion Managers Labor a nd Ma t erial Co s t s a re d e pict e d on Attachment #4 whi c h c ompri s e th e r em a ind e r of the s ubsect ions to be performe d . • I • • In ...... n • ,- • • • • EIJGLEdOOD PUBLIC Ll GR,\T( Rs:,1u.:>EL Total 8s timated Cost of non-bid Items: 1 . General Conditi6ns 2 . Demolition -bloclc Cut asphalt Asphalt patch 3. Excavation s. 3ackfil l 4 . l~sonry demoli tion 5 . ,::arpentry & light joist Kitchen cabinets Cut ;:;, ?a tch 6 . Joist & metal deck 7. Doors & windows in s talled 8 . In sta ll wi ndow 9. Doors l:... wi ndows material 10. ?la ster at ~o st 11 . i-i ard~·:are 12 . f l oor mat Total ~ 20, 168! 1,06(3 115 300 979 1 ,0 58 2, 71 3 600 44 0 576 Gu5 50 338 58 !3 1 ,591 12 0 ----- ~Jl,filS , • ATTACHME NT /,4 I • • ( • • • I NTR ODUCED AS A BI LL BY COUNCILMAN SMITH . BY AUTHORI TY ORDINAN CE NO.~, SE RIES OF 1978. AN ORDINANCE APPROVING A CONT~~ ~GE OF REAL ESTATE WHEREBY THE CITY OF ENGLEWOOD, COLORADO SHALL GRANT CERTAIN PROPERTY TO THE ESTATE OF K. C. ENSOR AND THE ESTATE OF K. C. ENSOR SHALL GRANT CERTAIN PROPERTY TO THE CITY OF ENGLEWOOD, COLORADO FOR USE AS A PUMPING STATION. WHEREAS, the City of En glewood, Colorado is desirous and in need of constructing a raw water pumping station on property owned by the Estate of K. C. Ensor for the purpose of transporting water from the City Ditch to the Mc Lellan Reservoir; and WHEREAS, the Estate of K. C. Ensor is desirous of ex- changing the property needed by the City of Englewood, Colorado for a parcel of property presently owned by the City of Englewood, Colorado; and WHEREAS, a certain parcel of property owned by the City of Englewood, Colorado is unneeded and useless to the City of Englewood, Colorado as a raw water pumping ~tation; and WHEREAS, the value of the property to be exchanged is approximately equivalent. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Section 1. That the City of Engl ewood , Colorado a nd the Estate of K. C. Ensor shall enter into a contract, i d entified as Exhibit "A", titled "Contract t o Exchange Real Estate" wh ich is attache d hereto, cons i sting of twelve (12) type- written pages and is incorporated by reference herein, said instrument providing as follows: l . That the City of Englewood, Colorado shall grant to the Estate of K. c. Ensor by Warranty Deed with excep- tions property as described in Exhibit "B " whi ch reads a s foll ows: • I • ( • • - A tract of ground containing 1.24 acres, more or less, located in the SE 1/4 of Section 31, Township 5 South Range 68 West of the 6th P.M., in Arapahoe County, State of Color ado , des-cribed as follows: Beginning at the Southeast corner of Section 31, Township 5 South, Range 68 West of the 6th P.M.; thence 0°31'00 11 East along the East line of said Section 31, on a true bearing, a distance of 2147.8 feet; thence So uth 84°50'23 11 West a distance of 399.5 feet; thence South 2 °21'3 7 11 East a dis - tance of 217.0 feet to the point of beginning; thence North 89°29'00 11 West a distance of 290.0 feet; thence South 0°31'00 11 West a distance of 170.0 feet; thence South 89°29'00 11 East a distance of 320.0 feet; thence North 0°31'00» East a d i stance of 170.0 feet; thence North 89°29'00 11 West a distance of 30.0 fe et; to the true point of beginning. All located in the SE 1/4 of Section 31, Township 5 South, Range 68 West of the 6th P.M., Arapahoe County, State of Colorado . 2. That the City of Englewood, Colorado shall grant to the Estate of K. C. Ensor substantially the s a me property as previously descr ibed but said property to be granted by Quit Claim Deed for the purposes of clearing title as shown on Exhibit 11 C". 3. That the Estate of K. c. Enso r shall grant to the City of Englewood, Colorado property as de scribed on Exhibi t 11 D11 which reads as follows: A part of the SW 1/4 of Section 32, Township 5 South, Range 68 West of the 6th P.M., Arap ahoe County, State of Colorado, described as follows: Beginning at the Southwe st corner of the NW 1/4 of the SW 1/4 of said Section 32; thence North 89°26'49 11 East along the South line of the NW 1/4 of the SW 1/4 of said Section 32, a dis ta nce of 483.4 3 feet; thence North 0°31'31" West 732.37 feet; thence South 81°15'31 11 East 522.00 fee t; thence South 72°49 '3 1 11 East 513.00 feet to a point on the Westerly right of way line of State Highway 85; thence North 21°11' East along the Wes te rl y right of way line of State Highwa y 85 a distance of 649.76 feet; thence North 87°14 '51" West 124.97 fe et to the true po int of beginning; thence South 21 °3 7'49" West 100.0 feet; thence South 68°22'11 11 East 41 .0 f eet to the c enterl i ne of City Ditch; thence Northeasterly along the centerline of the City Ditch 102.0 feet; thence North 68°22'11" West a dis- tance of 50.0 feet to the point of beginning, except the Ely. 25' t h ereof, which is existing City Ditch R.O.W. Said parce l contains 0.047 Acres~· -2- I • • ( • • • - 4. That the City of Englewood, Colorado shall retain •an easement over certain portions of that property granted to the Estate of K. c. Ensor. 5. That the equipment contained within the pumphouse on the property to be granted to the Estate of K. c. Ensor shall remain the property of the City of Englewood, Colorado subject to removal upon written notice to the City of Englewood, Colorado. 6. That each of the parties shall pay for the cost of title insurance on property to be received by them. 7. That each of the parties shall grant free and clear title to the other. • 8. That closing shall be within Sixty (60) days of the effective date of this Ordinance or Ninety (90) days subject to extension, should there be a defect in the title of either party upon approval of the grantee of said property. 9. That the City of Englewood , Colorado shall have an easement over the property of the Estate of K. c. Ensor for convenient access to the parcel described in Exhibit "D" until written notice is given of termination. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the Mayor of the City of Englewood, Colorado, to the City Council of the City of Englewood, Colorado and the Director of Finance, ex officio City Clerk-Treasurer, attest the same and execute the Warranty Deed and Quit Claim Deed, as well as the contract to exchange property ·and any other documents necessary to perfect title in the Es ta te of K. C. Ensor, and furthermore, those documents necessary to receive that property to be granted by the Estate of K. C. Ensor to the City of Englewood, Colorado. Introduced, read in full and passed on first reading on the 6th day of Feb., 1978 . Publi s hed as Bill for an Ordinance on the 8th day of Feb . , 1978 . -3- • I • • - ., • • • - Read by title and passed on final reading on the day of February, 1978. 21st Published by title as Ordinance No. , Series of 1978, on the day of February , 1=9=7=0-.~ MAYOR ATTEST: ex officio City Clerk-Treasurer I, Will iam D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinan ce, passed on final reading and published by title, as Ordinance No. , Seri es of 1978 . ex officio City Clerk-Treasurer -4- : I • • n - ( ( • • • - TO: Andy Mccown, City Manager FROM : William D. James, Director of Finance, Gary Diede, Director of Engineering Services, and Harry Taylor, Purchasing Agent DATE: February 16, 1978 SUBJECT: Raw Water Pump Station Bid Sealed proposals were received by the Office of the Director of Finance (Purchasing) on February 14, 1978 for the construction of the McLellan Raw Water Pumping Station. Bids were received as follows. Company Engineers Estimate $196,000 Robert Dougan Construction Company Grimm Construction Company Inc. Budget Summary Project Cost $ 19,000 Engineering Design 23. 000 Contingency 2361910 Low-Bid-Construction $286,410 Total Project Cost $341,100 Total Available Cost Bid $262,300 236,910 The low the Raw low bid is within the budget and therefore we recormnend the proposal submitted by Grimm Construction Company, Inc . in total amount of $236,910 for the construction of the McLellan Water Pumping Station to be accepted and award made. ~~~ WILLIAM~JAME S 1h-.,'J. ~ . HP.RR-1 TA YLrf( . -~--1~~~) GAR'VfuEn'E Attachment -Letter of recommendation from the City's consulting engineer on the project . sb • I • • ( ( • CH2M IIHILL 15 February 1971 D10190.C2 Mr. Harry Tiylor P\,rchesln,1 ~ engi neers pla nners econo m is t s scie nt ists e>+-,. ,~ &.,.._.NO Jlllltl,,~[-~ f~...oJ {./} lf71't t,e., Wr. T~w. • • • Bids .. ,.. rKelved on a February 1171, fM the constructJcln al the Raw Water Pumping Station for the Mclellan Reservoir. Two bids were received with Crlmm Construction Company, Inc. of Lakewood, Colorado, submitting the low bid of $236,910.00. The attached bid tabulatlon summarizes the bids. Crlmm submlu.d an altemate with their bid Indicating that a reduction of $1,,000. 00 could be realized If a BIF flow tube could be substituted for the speclned flow measuring device. Untll 1ubmlttals ere received on the proposed now measuring device, we cannot uy whether this tube wlll be acceptable. However If It Is acceptable, a change order can be Issued. Based on the bids received we recommend that the contract for the Raw Water Pumping Station be awarded to Grimm Construction Company, Inc. In the amount of $236,910.00. We further recommend that the authorization to proceed with construction be made as soon es possible to avoid any delays In the expected completlon date. If you have any questions. please feel free to eel I. Slncerely , 12,c.~ Richard P . Arber, P. E. Project Manager mr Enclosure cc : Mr. Cary Diede De nver Orfoce • 12000 E 47th As,•nue D~n,er. Colora<lo 80219 303/ J71-b470 • I • • n • 91DDER :1 DESCRIPTION Engineer's Est imate Addendum No . 1 I Addendum No . 2 I Y es Ye s I Ye s Yes .. es I Exceptions I I None Dec I I 114 °' Lum p Sum To tal 11 196 ,000 00 1 1261 ,300 .00 1236 ,910 .00 I • • TABULAT ION OF IIOS ~~ I H HIL( r.::--1 _I _ .. I CITY OF EN GLEWOOD RAW WA TER PUMPING STATION -• • - r ( • • • • M E H O R A N D U H i, TO: FROM: Andy Mccown, City Manager William D. James, Director of Finance~ DATE: February 16, 1978 SUBJECT: Request from Swedish Hospital for the City to issue Industrial Revenue Bonds Attached is a letter from Lowell Palmquist requesting that the City issue Industrial Revenue Bonds for Swedish Hospital in the amount of $15 million. Hr. Palmquist has noted in his letter that the Hospital will need receipt of the Bond Proceeds by May 1, 1978 when current financing on bonds come due. I have discussed this matter briefly with Walt Imhoff, the City's fiscal agent, and Mr. Imhoff said he would be able to review the documents under the time schedule set forth below. In order to have the Bond Proceeds by Hay 1, 1978, the following action will have to be taken by the City Council: 1) February 21, 1978 -Council sets a study session to review the request of Swedish Hospital. The latest date for a study session would be March the sixth. 2) March 6th Council meeting -passage of resolution of intent to issue bonds and first reading of the ordinance. 3) March 20th -final reading on ordinance to issue Indus- trial Revenue Bonds. 4) Ordinance effective April 20, 1978. jlw attachment I • • In n - r ( • Swedish Medical Center 501 Eas t Ham p den Avenue Englewood . Colorad o 8011 0 (303) 761 -0 560 February 15, 1978 William D. James Director of Finance City of Englewood 3400 South Elati St. Englewood, CO. 80110 Dear Mr. James: • • • The Board of Trustees of Swedish Medical Center, Eng lewo od, Colorado has authorized the Finance Committee and the Executive Director to pursue the issuance of Ta x Exempt Bonds for the purpose of refinancing the existing indebtedness of 8 million dollars and for new financing in the amoun t of 7 mill i on dollars. This letter will serve as an official request by the Board of Trustees to the City of Englewood for issuance of Hospital Revenue Bonds for an amount not to exceed 15 million dollars. Our current financing of approximately 8 million dollars is payable without penalty on or after May 1, 1978. We would therefore be desirous of ini t iating the necessary process to allow for issuance of Tax Exempt Hospital Reve nue Bonds on or about May 1, 197 8 . Sinc ere thanks to you, Andy Mccown, and the Englewood City Council for your assistance. Sincerely, ,d«d Exe c utive Director LE P:kem • I • • ( ( ( ( • • • - International Container Company, Inc. 160J Wolverine Dr . S,E , Decatur , Alabama 35602 (205 ) 353-3111 The Ho norable James L . Taylor Mayor City Hall 00 South Ela i Street Eru?;lewood , Colorado 80110 Dea r May or, P. 0 . Box 1484 February 10, 1978 I wo uld like to introduce myself and my Company to you . I am Jack Payne of International Container Company , Inc . of Decatur , Alabama , with offices in Decatur and Colorado Springs . We have a program we would like to offer to you and Englewood , where as ICC places concrete litter receptacles on the righ t of wa ys of Englewood at no cost to the City . I would like t o explain our prog ram briefly as follows , IC C will place at no cost to the City, concrete litter collecting units in down town locations as specified by the city , We will also maintain these units in the respect of keeping them clean and in proper r epair at no cost t o t he city. The unit weighs approximately 600 pounds , which assures no theft as well as stability against blowing over and spilling litter upon the streets . These units are four s ided units of washed aggregate finish , with hinged lids and a galvanized liner . We propose to sell a quality type ad to local businesses on three of the four sides , we propose to furnish to Englewood , one side on each nit for the purpose of displaying civic programs or city advertising, such as bus schedules , keep city clean signs or any other form of poster, the city would like to place i n this space . To sum up our program, we are offeri ng Englewood a quality and decorative li er receptacle at no c ost , with us performing maintenance or r place ment of components or entire uni , furnishing liability insurance , buying of license , paying of a ny ap licable taxes and furnishing Englewood one free s pa ce on each container , W f' also have two Representatives living in the Englew ood area t o ass ure a regular maintenance program . I am enclosing a brochure of the unit we are presently using in the South , only f or rela ionship of quality and fini sh , We have contracted wi th a Den ve r firm o manufacture our four sided uni ts for the midwest area . Looking forward to meeting with you at your convenience to discuss your i n erest in this prog ram, I remain , Sincerely yours, J r , .-/..._,,i_ .~~/,. --- / Jack D. Payrr'e , President JDP/pw • I • • ( ( • TO, • • • INTD.of'PICE MIMOIANDUM Andy Mccown, City Manager DATI: February 15 , 1978 l'ltOM: Kells Waggoner SUIJICT1 LITTER RECEPTACLES It is my understanding that Mr. Ron Loflin of International Container Co ., Inc . wants to be on the Council Agenda for the meeting of February 21, 1 97 8 to discuss the i nstal l at ion of litter r e ceptacles with advertising. On January 26 , 1978 , I met with Mr. Loflin to discuss his proposal, and at that time, I indicated to him that I thought his request was premature in that he did not y e t have a sample of the product he wants to in stall. He did s ay the container would be square, 36" high, 38" at top and 54" at the bottom. I told Mr. Loflin that I could not make a recommendation to Counc il until I had seen the actual con- tainer to be used. He indicated that he would have a sample within two weeks and that he would want to use three of the four sides fqr advertis ing . A 54-inch square of concrete is a large piece of str eet furniture to be placed upon our sidewa lks , and with three sides covered with ads, I would doubt that you would see much of the exposed aggregate finish. From what I can gather from the exampl e s submitted, I would question the ease with wh ich litter could be deposited and also, the tightness or lack thereof t o the admittance of flies and other i nsects. The con ta i ners we now have were provided by Key Savings & Loan several years ago. They are a cas t aluminum, easy to empty , almost maintenance-free, are covered, with ea s y o pe n - ing for litter deposit, and are not so large that they take up an appreciable amount of the sidewalk. At this point , I would certainly recommend against the instal- lation of the proposed receptacles, due to the f act that I have.not had a chance for a visual inspection. /)w~1:--(\ ~0 Kells Waggoner , 'i.E. Director of Pub lic Works KW/lo • I • • - • ( TO, • • • INTB-Of'PICI MIMOIANDUM Andy Mccown, City Manager DAff: February 21, 1978 PltOMi Kells Waggon er SUIJICT1 PAVING DISTRICT #25 • Council had requested a telephone survey be made to deter- mine whether or not the owners in the 4100 block of South Huron Street wanted to remain in the Paving District . Attached is a map showing the ownerships and the results of the survey. Four property own e rs p refer to remain in the Paving District, two have no preference and will go along with the ma j ority, and one we could not contact. Therefore, it would appear that the street should remain in the District . t~g~:~~,-. --- Director of Public Works KW/lo Attach. • I • • .., -~ •0 0 ; " ? () D ) 60' l- (/) <{ 0 z • 0 ... I I 5 0 AVE. 120 001 CD2 003 004 005 006 OXFORD HTS 007 76 / .... 0 "' 2 ;;; 0 "' 026 3 4 2 a, 0 5 6 7 0 19 II 0 l- o 5 0' z 0 0::: :::::) I 19 8 . -----8-t @ 008 2 009 010 9 o 10 0 "' "' "' 021 Fo.t No p,..,f•r•-c& w,11 ,• -;H m.J ... ;1-, 19 8 022 023 a, ·o 0 72 027 0 2 5 023 7 2 N N "' I C7I • • • 006 30'(30 ' 75 6 .... ___ _ "' 5 .... "' 3 "' en (6) ..., .... .. ; "' § 002 21 ___ Sl1!!<u r __ 006 "· c.~~.;+ 2 3 IL ! 12 !, I -ow --2 ~ _ Q?l __ 3 ,n .... • 125 008 26 25 2 4 29 -----~? 26 ~?-·· -007-25 ----24 12 5 0 <..') <r 0... <{ _J <r <..') d "' WE 0 a, 0 0 ti'I. - "' "' "'-- "' • Wf a, "' o __ "' I • • In - • • • - 0 , fl-';,t{ February 7, 197~~ r"'l Mr. Donald Smjth Cjty Co uncilman City Hall Jl+oo s. Elati En gl ew ood , Colo. 80110 Dear Mr . Smith: With reference to the proposed paving proj ect, we as ho meowners residing at 3265 s. De lawa re for the oast 11 years, would like to take this o pportunity to o b ject vehemently against this oroject cur r ent ly being considered by the City Council of En glewood. We are in comolete agreement with the ma jority of homeowners on our s treet, who signed a oe tition against this pro ject, tha t the pa ving is abs olute ly unnecess~ry and the projected cost to e a ch homeowner i s proh1b1tive . Very truly yours, ~;y ~}J;,. ~-...". -~',' Mr •. & Mrs •. M. Lope,: . .., 1?65 s . De laware En lewood, Colo. 80110 • I • • n - • Mr •. Don a l d Sm j t h Cjty Co un c i lman City Hall Jl+oo s. Ela ti En g lewo o d, Co lo . 80110 · Dear Mr. Smith: • • • With reference to the propos ed oav 1n g oroject, we a~ homeowners residin g at 326 5 s. De l aware for the cast 11 years, would like t o take t hi s o op o rtun ity to o b ject vehemently against t h i s orojec t c u rrently being c o nsid ered by the Cj ty Counci l of En ,l ewood. We are in comolete ag re ement wi th the ma jority of home owner s on our s tre e t , wh o s igned a ne t:!tion a ga ins t this pro j ect, th ~t th e pavin g is abs o lutely unnecess·ary and t.he orojec t e d co st to each home owner i s oroh 1 h1tive . Very t ruly yours, ,,,,: .. ·.,. .. c Mr •. & Mr s . M. Lop e 7. i?65' s. Delaware En g lewo od, Colo. 8 0110 • 0 I • • .. ~ • City of :C:ni:;l cr1 ood 3400 S. Llati Stre e t inclewood, Colo. 8 011 0 Dear ;.;r. ·,i a o :oncr: • • - L l P.nn ·.:, Do r'1:0n l'/0~ i n rk r: r1: n. t 11 ,. n rt , J.:" ·1 ! · r·.~ J n n tw ry ~: 4 ,·. l. 91 8 This letter is in r ecar d s to t h e notice we rec e ived from you dated January l ;, 1978 . Ve w~sh to i nform you that we are defi nitely a ~n ins1 the · City's inte:it to form Paving District No. 25. ·:;e do not feel that this is necessary to improve our neiehborhood. 0 Since we will not be able to att.n ,Hl t he heartn g on January 30, l97A, we do want you to kn ow our feelines about it. Sincerely, l/1/ , ,c-:::~.., ., ·~~.,4'J tf.1 .:{_1.-.,/..-,,,v Glenn ·;i . Dodson Ler.;al 4e~.r.J..n.UQn. Lots Five (5) and Ji Y. (6), Ulock One (1) Park Add ition Street address 32 62 3 outh Delaware Str e et ~nglewood, Colo. 8 ~11 0 \ • RECEIVED JAN 2 7 19'/:J DEPT. OF FINANCE IHGLEWOOD I • • ___.... Jr ' / .· .. _.,,,. • • • " : (.. ,', ) ...... ( /l~ ( ,•' ),<.(. Yz I 0 t _1;1/,,_r )/z I /1 t'• ~,,(",._ r 'ro t.he .E11g-luwood <.Ji t;y Cour1eil: We,. the un,J c r :.;i~ned prop e l'ty owners of !;he 3200 Block South Dol n wa re Street, do prot e st the propos~d street pnvu1r of 011r bl or.k. ~ ._., 4-: ~ ~-~. -:; .. :z.. ·---:-: t ./- '-."-, ) 1· -·..:; -~---- / ., f .· "'• I '. . J .' .,_ ··-'--{ ··-· -( "!-<.._- l J /_ · .. (, ,_,:'.... ,• 'J . ·' \, ··.' I ' • :· ·, "=. j .: ... _, ... •• , .. ) !:/ • .) . "' ...' .. ! ' L (; ? · . .,\., •' 32 fj ~ • l, r ~ : .. 'f, : - . , .·,-I ' . ,:() u · ,._.,,., . -'-1-<:.. ~ ;,_lV-4:C•~I.... ... I • • • • • To the En~lewood City Coun cil :. We, the uu ,ier:.:i1.:n ed p 1·0 1H:1rt y own1:1r:, of the ,200 Block South Del n ware !Jtrcet, do pt·ol,est t,ll o proposed st.rett pnv i.ng of 011r. block. I I i. ~' ... ,'~ C 4 • .... ~ ," ', •c.·" .:.· ·,' ,,,_:_:_. . f Jc/ .~ :-· •. :, :-_; • . J~ . /_\. l.,;tt. ·-,.· .:t> .... ~~-~.,(.~-r:'L~ i::.: (/..•T ~--'f ;i.«, • RECEIVED JAN 2 7 197'3 om. OF FINANCE ENGLEWOOD \ I • • • • • _..,-/'. To the En g l e wo od City Council : We ,. the under s i gned p r op e rty own e rs of the 3200 Block South De l a war e Street , d o prot e st the pro p o s ed street pa v i n g of our bloc k. / I . ' I)/. -<-•. '" ... ,,c-, . ' '- I ' I , •. , './'. l, ~ -, ' '~,. • ~, 1 • , • '-Y ; '.,.L v V'-"' '-1.,L/'-.. '-( .· -~ ·~ • .:.. ') __ c .:-:; ~-- . ' ,. 3 2.. l/~--:t "" J2 'fj ~ ,,,.,,. ..... ,_ I '--:: .. · .... l ,....._ ..... -, -·- ! •• /. 1-~· j) J C ...(.L •"'-'L.'-- jl} /c_:: t"£ 1·-d,A ... ( ' -:, J u --t:c:,...,. :r , • I Cf I • • - • / • • • 'ro the En r:lewood Ci t y Council: \'le , the undersigned property owners of the 3200 Block S ou t h De l a ware S tre et , do protest t ne proposed street paving of our bl o ck . . - Addre s s 3 J... c, S ...... J -1 L ,,,/:'-=. ,,_.~·-r:, ·" ~" r:...,, -p .r ~1 .) A/'.;) ,tJ .. , '' ( ,'. <...; . .:~·-C< .2 , ., ", '} 9-<) '.:___ . ,._;:.l_.., _____ ..... :• _, ,., .]'}C I . ) _) ....... .... -L. / ~ ';;§ ,. vL L .L'..L -':"•'-4_,.. RECEIVED J~N 2 7 1971 DEPT. Of FINANCE ENGLEWOOD • I • • - ~/ . I 6l; w c1q_ ~-o/-jj-7 ~ cPAr::?.r ~.~~ )f"'~ 4 ~~ rj-~a-c4-~) h~~ . .fd>. • • - 0 I . • • -~,.) ... ~.,J r 7 ,..., • • - ·\hriann• Sco netd 635 S. W1.i,1.11.., Cird• E111i••ood , ('O 80110 / ? C t.... :ty:' c'~ ~,,.<t..<.h( 1,. .. ,,,a.J,;7 '7' cz?. fl~,,.._,~~- t<._,;., 7:f._ ,_~,,I. ;tL -< -'> (&_~d/'~~ »~7 ~~~ ~ ~-~~ ~~c...,t-h-7... ,,tz-~ ~~ /j"1r, /~~ ./ y ~ /J. -t_.~ ~ ~<"'....££2~, ct!~ ~ c.M"au , _z-~ r~c '7 ~ ~ -/"' L.:t ~ ~· c~ :..__ . cf ?~ def ..4'. / a.,1..4 ~,<_ / ~-«_., tl. ~~v-R-7' d>~~~ c')k ~ ~;:U£~ ~<--<-~<~L ~q~~ ~t:..L..e., ~,Cr<.----Le~ ~~ ?°.L ,~A:.L~- tt../~t._d_. i; .1~·~-1 ~ ~ ~ , d~~=7 ~<'.~ -z,',ij~~ ~ ~~7 _,.,,e ,_ __.~ Ld · ...;,; ~ _z-_,0,_., ~~ ~ y~L~ C~-~ ~-~ • 0 0 I . • • • - ' ;(h j~~ --2'; ~~/~ ~ . ~ ;~v~ ~ ~/~/ ~J-, -rLJ./,-_J_~ /_A .y~-/-~ d ~r-L.<./~ 9L ~ 7 d u.-~-/ ;::,-" ~-L-0 4ad.:t .--?;if ~~~ 'a_~~ ~~~-~LJ . ~ r~/ ~~ ~~ ~ ,_L ,-u_ ~~ ~ ~ ~~ r-J '-t:t.kb.l r~ -~ ;h:/~ .~ ~ A c -t.~ -~~-tt2/ ~ _. ~-r~ ,:?+- 7 fJ '~-~ ~ ~ + 'y?-z7----L..,._ t:A. {.r JC'L'-t--Lv ~-L---~-yU ~ t -i t.l n'1-, x AJ:>-L-~ ~~ ,.L~ >'- d/' ~~"L? aL-:~ .;,A .#_ ~ a~ L ¥t:U -u v-/~-<--~ {;L~~ /uA-t"L-o/' ~J...&f + t'-7~ a ~' ~ Yl ~ e~~ cu_ _ ~ ~ ??? UC ,,d.~u ~ ~ p .:ZZ ~ ft~·-u._ • ..Le _ ,4~-~?Z/, J'--rz .,.._a;r y-4,7 1 /z..c·,"j/ J -t. Y-£0 L ~ c ~LU-r-,-z. a"1"2.t?ff.d -----,(LA ~ z;-::4ZL -- • 0 I . • RECEIVED FEB 14 1978 DEPT. OF FINANCE ENGLEWOOD • • • ) ~ , ,j-o c11 1/1/7<;1 1f!z=. R7}7fcfhD L i s/ fi'~,5'..-s..-..... n /ooJ{ or 1/;£ ;:>filo/J~-fl)J OIJ./»-E-fS ))IJ/oit/c.o 1=xar>1 a..v~ r;8s£.iffit: LAND l.o1ro J#,9r C.OvJ.D .)JJrJ3E feJo{JED , 1JIE lrIDfcS S OF- 'm1J1 f>/?cf>E r<J Js J/ J s? s. e )17 11 . EY~';/oJJE /s iA.J ll6/rEE~-J../r-1}j;r;; tflE ;:>;fo~sEL) IJ.JclfK. /s Na I )J.l,vAJJi,_j) o~ ~U,f?cD . / JvR s 7Rulj C C. f/oµ, M~, ch!)'76JJ • I 0 I . • In . n • • • - -. -:----:::- ',fTi', THt' UN F' S I , 'P.O PR lP 'fi'RT'' '•"·l RS 1F T4 F. 4 1 01 fl LOC F Sf)U TH ELAT I , DO H •.R"'fW PROT"'ST UR I NCLUSI ON I TH" PRoros . P VI NG D[ST RIC T #2 5 F "PNGU);IOO D, CQLORAOO 1 97 A. 'lUti S TRP.ET ':. ,S SA PLI< I N 197 5 PR"',S'IM'fi'DL Y F )R CJNS I "'.RA TI1ii FOlt T'I " PAVI' 1 G !STRICT SCIIF' ULED TH AT YF'Aft . I T '' ,s HOT , HO' '"'VFR , PR JPOSF:D F')R THAT THST RICT . TH "' LOG I CAL F.X PLA ATI1 J ·' S 'l"'.C IIS Al OV ERLA Y \, AS OT N ,fill n, AND TH i;; CO~DT TIO '. AS SAT i c<"~C1'1RY . THE TA~I NG OF SAM PL"',S HAS N'JI' BEE" RFPt'AT ED . OUR ST RF'ET SH')I JS NO SIG S IS RF.P AIR IN OUR J PINI N. TI IERF AR~; NO CHUC HO LF , N') flUC' LI NG , AND O WA SHAOARDING . GENERALLY , ' ARE PUZZU;o THAT OUR BLOC~ \;A s PR POS "' • . C')KPARIS0 ' .T TH MANY OTl!P.R FJIIG Lfi'•'OO D ST RF.ET S , OUR S I S IN EX CFLLP.~ C') ll!TIQ • Tif "R" I S O N"'. ROR 'l. . 0 A IR A TYWHERE ON TH-: BLOC ', N")R HA VE A!H MAJ OR REPAIRS .1/1':R TA' N PLACP.. I N VI "•' P THFSE FACTS , WE RF.O UE'ST DUE CONSITJERA TION C CERN ING REM VI "IG FR Jt.< THI S !STRICT . I// f 17 5. c/:-rh · 41-1 'I/ J ...)) . E '+-1--,· '-//73 3 . ~· • ;2.-f ·-7 J I . • -• • ,· • WE , THE UNDERSIGNED PROPERTY CMNERS OF THE 4100 BLOCKOF SOUTH ELA.TI, DO HEREBY PRor ST OUR INCLUSION IN TH E PROPOOED PAVIN G DISTRICT #25 OF ENGLJ!liOOD, COLORADO 1978. OUR STREET WAS SAMP.I,.ED IN 1975 PRESUMEDLY FOR COOSIDERATION FOR THE PAVING DISTR ICT SCHEDULED THAT YEAR. IT WAS NOT, H<MEVER, PROPOSED FOR THAT DISTRICT. THE LOGICAL EXPLANATION WAS BECA USE AN C7t'ERLAY WAS Nor NEEDED, AND THE COND ITION WAS SATISFACT OR Y. THE TAKING OF SAMPLES HAS Nor BEEN REPEATED, OUR STREET SHCJrlS NO SIGNS OF DISREPAIR IN OUR OPINION. THERE ARE NO CHUCW HOLE S, t«) BUCKLING, AND HO WASHBOARDING. G!NERALLY, WE ARE PUZZLED THAT OUR BLOCK WAS PROPOSED. IN CCWPARISON WI TH MAHI orHER ENGLEltOOD STREETS, OURS IS IN EXCELLENT CONffiTION. THERE IS NO NEED FOR REPAIR ANYWHERE 00 THE BLOCV., NOR HAVE ANY MAJOR REPAIRS EVER TAK<EN PLACE. IN VIF>l OF THESE FACTS, WE ~UEST' DUE CCfiSI~TION CONCERNING REMOVING US FRO! THIS DISTRICT. ADDRESS.) ,4//5() . /5.L~ DATE / //31 /7 --/t?O .s , El¥r;.:. 1/.31/7V 41 ?t;:) S.1=;Lr,,; j ;,, / / <l /}lt_~ ~ "f i9a-..,do ~ ~-5'-?J' ~~ 41,'S-~ ~ .a-S-~ e/18~ . ~-.S- "'/1 '?'tr . ·y ;l -6.--'j/ &-~ L/(37S.~ ·,, ..z -s--7cP / ~-ft-~.i~ /j/,37 ~' ~~k ~ -~-Ji f:e c;Jvb&-L/'/// e)~ /-!2:.4-~ n 2-,,-:..;>y_ :J..-:r-77 ~ 6. t!t)~ 1//I/ ~-c-v~· 'J--5-7f Jr-'!7 u~ vf ((0 ~C£J!Z l-f I I O .,)!<7 '&.~· :i,_ -~-. 7 CI..: a,,.£ '1 7 i _ '77 L-c~ £~ 'J--,.F~ 7.f" tf+,J tt~ f/.; t) 111/0 1~ 82ok ,::..-s--?K 4{&i ~JA 011~11 • • I • • - (' • • • • RECEIVED FEB 14 1978 ~~o'.\t"CE ) /; /7 'if fNE. 1JJT}fc)/1=D Lis; /?J=/>lf'~s~NT.3 Joo% or fflE ;:>/?o;>~-f'TY 0/J./,A/.E~5 j;;JlalVEo EXCE/>I oN~ 198SE4Jf£ iflND J.ol?D 71?,9; C.Ot1W ;JJ~/3E J.ocAJED , 1JiE IYDO/rt:5 5 OF mlJJ ~cif->EYf1J jS J//5? 5 . £-)Ff/I , £Y1;-':foJJE is iA/ l}G/(EEMJ:-.l./ftJj/9 / ME ;:>~oP>_5W IJJo/rJ< /s ).lo I )JJ,y;./fi-D or<. ~U1R1::D . / Jol'R.s 7Ru 1i ~ cc . IJ.Jµ, MR . cL:JfoJJ • I . • • • • - WE , THE UNDERSIGNED PRO~ERTY CMNERS OF THE 4100 BLOCKOF SOUTH ELATI, DO HEREBY PRCYr ST OUR INCLUSION IN TH E PROPOSED PAVING DISTRICT /tl.5 OF ENGLFlJOOD, COLORADO 1978. OUR STREET WAS SA)!J'LED IN 1975 PRESUMEDLI FOR C~SIDERATION FOR THE PAVING DISTR I CT SCHEDULED THAT YEAR. IT WAS NCYr, HCM:VER, PROPOSED FOR THAT DISTRICT. THE LOGICAL EXPLANATION WA S BF.CAUSE AN C1"ERLAY WAS NCYr NEEDED, AND THE CONDITION WAS SATISFACTORY. THE TAKING OF SAMPLES HAS NCYr BEEN REPEATED. OUR STRFXI' SHOrlS NO SIGNS OF DISREPAIR IN OUR OPINION. THERE ARE NO CHUC! HOLE S, NO BUCKLING, AND NO WASHBOARDING. GENERALLY, WE ARE PUZZLED THAT OUR BLOCK WAS PROPOSED. IN CCJ[pARISON WITH MANI CYrHER ~GLFlJOOD STREETS, OURS IS IN EXCELLENT CONDITION. THERE IS NO NEED F'OR REPAIR ANYWHERE CW THE BLOC>;, NOR HAVE ANY MAJOR REPAIRS EVER TA!f<EN PLACE. IN VIEW OF THESE FACTS, WE ~UEST' DUE CCWSIDERATION CONCERNING Rl!J40VING US FRCJ1 THIS DISTRICT. ADDRF.SS ] ,4//5{) fl -&~ --/ , 7 o .S , El"" 0 ;. 41 ?C) ~. f: Lr,,; "f 196-A u~ ~~{f ~: 04.· 4-if?'a-~-~ l/! 3? S'. ~ ·,, J//..31 ,J?z,, ~~,,di-. ¥/// s-~~//1-/4,--'~ ,{I///~. &d· it I ( o _k, a;[: l-f I I O _,,r<J 'c.-,f..a:J::;.,.· 7/-/P ..e ~ J/11/0 ~ 82rdv ov~!f • DATE I //31/7 J/.31/7 ~ I /)1 / t 1 ~-6--~J' 1 :;l::t;f ;I. -6,--1 f/ :2 -s--7<P ~ -~-JY 2 ~1,~?y- :2. -:;--77 -:z--5-?f ?---!;>-. 7 -;.. -.. F ~ 7Y ' ~ -~-7g I . • ·I • ' l( L v/ I '-/'~'-I • • - ).-/")...-1r: I . . • - • • • • 'fE , TH,.. UNDF.R Sir.NF.O PR:-J PF.RT'' o·~·· ERS ()P' TH F. 410') HLOc : 0" Sl)UTH EUTI , no Hr.:RF.BY PRm'F.ST OUR INC LUSION IN T 1F PRQi>'JSF.n ?A'IING DISTRICT //25 OF <"NGLJ.);1000, C0 LORAD0 197A. •)UP. STRF.El' \\ ·,s SAf.'PLl''D IN 1975 PR<',SIJMf.DLY F')R G1NSID "'R.l,TI'Jt. FOR Tl!;;: PAVU-1G DISTRICT SCIIFDULED TH AT YF AH. IT ·1 ·.s NOT , HO'·'r.vl':R, PR :lPOSF.D F1R THAT DISTRICT . TH F WGICAL r..lPLANATI N ''<\S 11<CA IIS "' MT OV ERLA Y ' .. i,S N()T lff:::DFn, Al m TH" C0tmTTI'JN '.iAS S ATI ~"t\C'J'')q Y. THE TA'<INr. OF SAM PLr.s HAS WY!' 3F.E '' HrPr-AT r:D . OUR STRn;J' SH 'J,JS NJ S I', lS •JF TH SRFP:\IR IN OUR )'.,IIHON . T1!1".HF AR•' NO CHUCK !lO LF.S , NO Tl UC'· LING, AND NO • r,SHAOARnI!m. ITT:NERALLY' 1 'E -\RF. PUZZLE D THAT OUR BLOC'' \;As PR OPOS"'.D . IN C'JIPARI SO 1 '·.!: Tl! MANY m''ir.:R FJ:GL:': 'OOD STR'F.ET S , J UR S IS DJ -.X CELLE)IT C"lNl1!TI0 • Tllt:R1" I S NO W<:ED 1':'JR tl.f.PAIR A'TY'.1HF.RE ,)N Tl.ft:: BLOC '• NOR !IAVR i\T.Y MAJJ R REPAIH S F:VF.R T,V'.E PLACF.. IN VI r.;.: OF TH ES~ FACTS, WE RrollFST DUE CON SIP.E RATI <)N C0ll!Cr'.R:-J ING REM IJ VINr. us FR ·l'- THIS DISTRICT. ADDRJ:',SS Lj/ 6 y ~, f!A,Jf, ,// V '1'_,J " c; f =Lfl If ' ;-r .J , ~z 'I , . . rl• .r • ,:..· j ,\ .) _, I..:_.,:., !/I t/'; :;i. c-J-r.14. I 114/13 >. E ,~+-,· 'f / 7 3 3 . sfd-r' • I . • n • • • - WE, THE UNDERSIGNED PRO~ERTY CMNERS OF THE 4100 BLOCKOF SOUTH KUTI,. DO HEREBY ' ' ' PRITTEST OUR INCLUSION IN THE PROPOOED PAVING DISTRICT 125 OF ENGLEtlOOD , COLORADO 1978. OUR STREEI' WAS SAMPLED IN 1975 PRF.SUMEDLY FOR COOSIDERATION FOR THE PAVING DISTRICT SCHEDULED THAT YEAR. IT WAS NOT, HCMEVER, PROPOSED FOR THAT DISTR ICT . THE LOGICAL EXPLANATION WAS BF.CAUSE AN CNERLAY WAS NOT NEEDED, AND THE CONDITION WA S SATISFACTORY. THE TAKING OF SAMPLES HAS Nor BEEN REPEATED. OUR STREET SHCMS NO SIGNS OF DISREPAIR IN OUR OPINION. THERE ARE NO CHUC! HOLES, 00 BUCKLING, AND NO WASHBOARDING. GENERALLY, WE ARE PUZZLED THAT OUR BLOCK WAS PROPOSED. IN CC.PARISON wt TH MANY OTHER ENGLE,lOOD STREETS, OURS IS IN EXCELLEITT CONDITION. THERE IS NO NEED FOR REPAIR ANYWHERE ON THE BLOC>;, NOR HAVE ANY MAJOR REPA IRS EVER TA!tEN PLACE . IN VIEW OF THF.SE FACTS, WE REQUEST' DUE CO.SIDERATION CONCERNING RE>40VIN G US FR~ THIS DISTRICT. ADDRESS } ,4// 5 () .,,lJ . ;ff ,,I~ --/t?O S , E/~7;.; 4 I ? C) s: . ~ Lr, J I ~i96-A u~ J./!'IS-~ 04' t:/18~ ;tti "'/1~6 . ~--v l/( 3r; s. ~ ·,, J/1 ..31 Jzi, ~~k- 7//( e)8;~#-~"' //// .,A,. &~· 1 I f o Je;, [ioJ!: t..f I I o Ao 't.:.~- 71-!u £ ~ J/11'0 b) ~ 0 i/i::Ja;~ • ---·----.. ---- DATE I . //31/7 J/.31/7~ 1 /)1 / 1 1 ~-!T-"!J' 1:I:~f . ~(/ ;L-6.·/~ ,,2 -s--7<P ~-~-Jf' 2~f-:..?~- :l-~--77 '7--5-?f ;.., -~-. '7 ¥' ;;... -._FJ 7Y v~ -5"· 7 g I . • - ·/ --• • • - ;J.j 5/ 'i 8 d-/7 /7% I . . :. .. • • • - Feb . 6 -19 7 8 ... a i • ..).1. ~~..1.. AT ~ I ... I"' .L . "' U' I O· "'R ,.,.,, • '}.r l-.~l , 7b I · J-J (.,S -- 1& / -cl 3{,,f.J 7 5'/ · 'j ./ V ':; I( !) I I 1-GT ' T .. ~ P,, 1 •.• . <Z ( (__c fr. 1../1 1 1 (' \; (-I ) 41.; <,c -rn Ci r:r, "" I. ) ,. V ff I/ • • • ---=== :========== Fe b .6 -1 9 78 u· l . ~r{~ .. : ' " . l ".'1 1 •• )L1.,1, .. \. · '--4 7, l ') ,, t= ... ,.,.. I.) " '>--, ) I 7 t. \ ... : '.c.,i· 'ti L. ,, ,, ~ ),) 7/ ,0 5- )) r r c-_, , I a <L.e_, ._,. ,;:r /2 So J O I . • • • • ,. -__:___: ..::_:--~---~ --_------- . _,,,fl~~ /-<- '/lit'-' //, /l ? ,) I -< I </ ,f 1Yf-r · (.I ~1. iJ/ ?</'l/ ;g;--~111 Ji i -) /-/~' 7/Y·?f/41 ? ff flf t z--I . • 1 I--/. f :J.Lj • • I • • • ------ ~hr ~ • ....,..,±" Feb . 6-197 8 1 ~ '' •• ( 1t L, , . c· 'I. ~ t ( </ ' ~· L .' \,.. ' ,;\.ll 7//-JC7{- t 7 ,?J -3 ,,,:, 7 :-,, e,.,"" t--\ -l L\ 0 1 ::; , c 1 __ 7 'Y \-\ r.C, (_ /'. 1 --rl-C 7 7(«--itf .f-r.~'t /ft 7t ~ J;:..e"t,J?'l,,en.._,, J ff I-SI 3'7 ,~,;{-1 .. J, ( <-~. j.,'t ~) /-f /. 7 t, ,k A/1-C i1tt~YI l tf /-~-? 3 / I . • • n ( • . • • - ---,--------==-====== I . • • • • - ------__ -. .:::::::-_-========== 1701 -13 MAI N STREET GOODLAND. KANSAS TYRON IIUST BE BEST··· Whn Se ll11y TRY Te laitate! I . . -• • • 1''cb . 6 -19 7 8 I l T ,. / 1 L._·~{~ ..:.'. I ( ('"L-'• .;;id /,'- (, I -·--t. t t ... ._~1..I .> -:: • , , •• ( • .,, 'h ) /,.,-'/1 _ '/.'~ I I/J '{... 'f { ! I 5 ~ ;(,.: t--- '-/ (-'I _)c . >IL: t n.:1... ,,,_ ~(-~,-</·_J ('. J;., .. , .... , ·- .tll-~(:( ,11 //f ,/ I , l It,. ' . I ,,', ~' l /t 7t. II .f. ) . LL'~,{.. . t > ,• • ,. •. , \ . I J( ,4./, \.. '1 !1 :i 'l _,.,/;, _£/,.,. ,-..,.~.,. .--.k . .,/~ '. '•:4"' ~- I • ,: • • 'f ,. .. I\,,. /f I/ I l · f 7 i-' / I f_Yy -- ·/ 6· / . / .! ,S , ·, ' .r I -.'f :, l · C ""?{ I · J. 7 ~· S ..-, 7 y / .,2_ t -I t. 7 // ---:1. 7 st~ /. l 1' L/ .' , / ' ' 1l/-/-,-'-·,~ ,'7 /· /{!· ( //)/ .' L I -Cr, 3:,-I . I < I . ~... . , I I( ( . .I I • • • • -----,_------------------- • l • T ,~ \,: ,.· 'I ·.,[. \ I ... l /. \..1. 1:. .... "(, .(. /''7,:/· l .1 L' ',; << ·iz t!. 'I· 7(c ·F V ' ,i ,, ( .J L :;J ·1,,,:_1 ,, ~ J t° . ',:_ :...... .. J ... ~ ;,.( .', . :.-t_, f_ ' v' l! ! :.;., ...... ,. ''- 'l /,. ' ,l {l v<--'1 (_?';)'· ... I J ,./"11\, .,/ /(../ -_, .,,;(-')'' I ,/ /t. ~,:, .. , .. ·1 : ' "-'"'-""· ' .), ·, > ,. • ' I • / , ' . >7't.c:. J t '&'{/' -~ -f ttiJ.c L/{.C'-11 'I {J "{ { I 2 (.I ·1 ,· 'J'l _., '- r 1, ,;,f r s ~-va ~~ c. . )' y ' • "".,' ~ f / j 'I ,_, t 1 ~ ,), V ,/ ··" ..i ..,l ' "' I ' '-t .. •'-• .J; 'I ; 7 l • I., ' f, • l j {. 1 , .. ,. JI //.. , ' 1 'J. I I ( I , ) ) ) ~&' , "° 1 ) / , .• , I "/,'·t ") ' J \ ""'~ \ • ......_ ....... : ') / I ,_C. .\ r .:.r'7-i ,; .. l;\""'-i " ),..~.........,.n. ..... \ I ··~ l l ' .-(' L y;.7 1 , . '-' -1 '..I -1..t -r ,, '/ .. , 1 '!,' • ·•~ : ".) .• - II..'" '!-~- ' ,J,r, ,, , ,: '. ·• -I 1-:~ ;1-<..-·, . / .. .2. , . .,,- ,., ( ' /,\ I • (., '" ) J I •/ ) / 7 , . ) ' ( It /')t .( i,:) ~ :..; -='I '~ ' ,. , , I • • • • • .. l ,;,;--, . -,., I' , ,, \ )-i '7 r\ i' 5 . C L •·. _ .' ( .,7;) f '(,. I tR CJ '!· : I i (LI,: ,, ., f . :/ . ~ !L .. ' ).., A '_._ -... \ ( l . '~-(. t;._, ,-:: " . ·-~~ . ,l \: ' . '' .A ' .• ",(,I lL / ~ / _,. /,. '/ /I //;/, I'' ,, /' I /_A /· /,/ /7 . .....-, {4 . I . { ' . f /).,; ' \ .. .\,·. ' l I (1 I ·l. 1 I l .. I / / ,, l i.:.. I t ' . 1J,t -+ /. Y,,/.: ( 1)//.,· (~; . • l_;. :,;.1. , • 1 \, .... l \ .·{t.. ., , ... / ··-., ., . ,, ,. ) ' \ . I . -. 1~ I . . ; 1-I i , I ·-· ~ V '/,:. I /, / t ', . ..... .( 'L ..., -, ) / . ·:,,,,-·/.' .. --. 1 ,. ... / .<" . :\., { ...... ,. J . ,,......,:..,-, .f '~ . ' . \ .,, ..,, Lf I \ /' ,.,; 1.1"1,. I '; l . • " , ) '., (, /' . . \. - . ' cJ--,...<-7 , / --f. ¥/.-1 _ 4-,~ V /5 ).c""·,_.IJ 7 I -)(_ ~ ( .:..f-7 ) I 7 f t1 -{?iD I ~ I', ( / .. , I ' l (., l • ., ' ' "I c.; .· / . J ?f/ /J; ,'(/',/ /J / -.) /';'/ l.>i ~. /- ') "" . : ,< 7 I i ';-. . ' . "' ., ...... , -. ') .-. ·, " . .._-:--- I • • n • • • --------- "''I . , 1•1 I : T J , ''i· . . . ! : I l : -' !· I , . ' . ' ' l " I I t I , L -i (•_.~__{~~ ! / . j l .• ,1 j '"/' ,·'/,. /!'/-.,,, ) }l' I I \.. -~ •, .-\ /' ' I. I I ,._ . ' ,/ . . , . / , ... ·.;: / / :, . , .t/( )l . ', ··,t .)-) ·,,; ' ( ; .••••• ·< J ,,1 /. )" :: J .. l ,;'I/ d°C ,)- ; ~(/. y{,: ~- /{ ~ 1 . .1 . ') / , __ , ' . I • ,.... ' .• <' • C. ...,. ;f 7S t-/-i i .•; it./ I • ) ..... _) i J : C :, / 11. ) '.I ) .,.-} .. ) < ",, , r ,, ,-).,., .,".-.· : '/ ~ • C ("I '\ ,·.l I \ ' .. I l ,1 \ \ l ( ' •• .) I • • I / // ·!r // <, )I ! ,/('J( ;·I '/ ', ( ~/ ,; (, ' .. I // I // \ j 1 ' ~J/ ( ) j J i /1) ' I >/ ~I ,;/ \! • • ( -~.'~ . "r f 7 r \ / I 1 , rt 'f 1 . \'. r ~ f1 1-'l ( I O '1 6 '1 t : f.' • I . ' .---.-----===_,..-..... _-iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii.iiiiiiiiiia.. • t•'eb 18 19 78 0 1•' UN}11N ,;\'t<l •:,.;•p • • • • • /\ 'l ' '1 ' I 11 ' > l ' I I • 1'li'll·:. 1 . l1 ,.· - I . • ,.. • • - ,!'t [ • I /'•", .' I ('. I J '-. /:• ? • c'.' ,:' (..c.:: ' //1 "l : ,( .., (' ' .,. ,., . £---:: . J --t :, ~'1 ~ -. \ L:,.. ... ,/ ,f1~"1:-1~J~ tl l -_),, .r, / /,· .._ . ' 1,.-., <'/,. , L . .:. .. .; -i .. r" ~~ .,, ir1<1 , .. , , .,/. r~, , /. !, ~..,._.:<.?t,./i.. ~"--~.<: ,,:."-;,,:'.:..-·- {,(/ /.-/~·~ "'-c~· ·,1 )it,." I· ,../ ... /:-t t t...-/ :.~ j),' I ' .. / I . y;i;~ , ;I ./i. l•r /r. ( c·n~,-·l -) i..}~~:/v·H /, \ {'.: l 1") . • ) . 1-'1. ' ' '\ I I ' , :--t. ,.<- ?< c.:_' • .,.,,...,_ • ( r._ / ,, ·""'; ·, < • --. ·. '-:~ I/ I r I . I ·- t t I I' I I /(c { I, .'1..,. I?...,_ 1-<'· ,l ~ / 7. -t I ·-" ,, ~ -~ '· , _/,( I / I / · I. -,, , 1 ,_;· /. ," ~-'-t --.. - . I ' • I '· -\.A..'- l, • '"' .,'-1--. '\, l . / ( / --. ' c!,!' t·· ·/ 11 i L. t ,l L. 1 t~.. t ~~ •••• ./ -~ . ~ l ( . )' -:( I "'~t, c:_ ) /~, i.. ..... . ··.'),· ._;. I A -,hf'"''··'' ,) -' ~- I ; ) /' :, -, -..,/J ~ V , ) t ~ ,''),,, '/!• . ) , 1 /!... r I-, 't.. '-! ' I / ) ) /.-.c/-;. -/ .. '.'.'Jc ,-le_._· in,,,.,,~ -J' /. • /· c' ( • ' I•• /e; /. J ( '• ,,.,., __ ,,, ,_ ·, -' ,I ~--7"( • ...... -t.,-1 t.tl,. '> ( /k' />'(._ •... ) I ;-· A' 4/(w..,'77-« ..... - "'~/ '',,/" I l / ,. I ,.-'11 I <. ' ..ji /./. 7 /( .,1~ .., -·"--\. L I\_.( [ A;., _..-:!:!~~ , r'' ~"?!_ _.,&:··. .-</!~: ~.,~ ~ Ji I, * .. '-I' (' ·, ~l :;,%·, ( h.. ,!.,. '•. ...i.._. // I/ • ',) ' / ( / : l f Ir. ·I(. 7 c: / I t y ( -I / -?·.-1 ·I , /'. / • :.( : • .1 t· -:i/-'i '.i lC ,., ;~-_.,- .(.-' -· /(,) 7 / { I r / 7 _I ( • 7 ;{. <> , '<:· ') ' c-:' I -•• C/y'--:;"' l ., l • ~; ' ( I I · I -/ ')(. ·:;, .) I - ,-i I _, 'I < I. ,-I l I I ( I • • --·-- ' 3. • 1 ( \ \•• .•~•'"~ • I '( t \.I.'( l\ I . -I \,, ,) l,"Z L I '1, ., L./ J_ ,··., .) I ', /-L l , ·. ,• • //(. .. -1.,Ar·, ·, -/. : '/ ) 1.. L I l:_ ( ~ • I I(_ I t>... / /1 • • ' / I .. I it /' .• ~,;:_..•'c.,L ), i' ,, 1 ,(_ I: <\... ) I I·') S(~~ -~ , . ,, L • • - -::::------------- rr \..' ' ' " -l I cu . --J1 l ·;' ' .7 '/!,<'I .I .•. '·/ J,5 ' r ), ' , I ,,_ ·, ,, . I ,\ ', /'kl. 'i.,. J't.. ,[ .'(( .J 'f 7t.iC )(l, 4 'VZ'-tvt 4-t: -!?Sr ... _, .-£..li ~.·n c · 1/~ )L... '-~ .~-s .... I ?G.'.~ -.) .. _>{")"</ L- j .-;:, ·, :-.• z' ·•• .) C: / ,. ,, :., .. .,) t' . I ·r-... .'77 .. -·t't "\. -' :: .. :t i6 i ~ L/(_ c i4· ' -....... ' \.. --/ (;· t.r (/ ;Y\ 1 t-1 2 /r L'· .• (· ... ( <-" ·-,..• ,J .z. ... . r • l ) l , ,, • -._ye .. -, ' I 'J)- ,'." I -,' 1<• '? •, ) l lv l ··(,. /)1..(,{.j J :.( I • • n • • • J 1! • •' v 1· . .. _•'(; • -1 -l )'{?, ' I •. --, I i , .. I I / L 'I _... , I ... :._ t,-- / ..... I.. ., '-· I (.%_, t (_ I ,l ~ , I ~ •, If ' #; LI I ·5 /L,,-;-:(_( J'-C l ( I ; I { ..... ·-C. ~ ' // ' C"'· -. -'(J C'. ~ ( ') b 75 .Si J l,t t:'. \ ( l ,/ ·~q-' ' tv cc.v,,_JJ' .. ',\-;'1-l'>b l .} ..., ·'( i" c ·1 'r ) ,:. '1--·: t ¥· -i ~i;CV'l.<.c i ' ·, ). I \. t.' /' ,. '· ,/ ·---L7 ,,.(l .-1 ._.. ..:_; ,, C t. I.. . ... , ... >-.1 •' ' ' ·, ' , .t . \. i-. .:.u._ _, '- / / /- ( / <.~ , /, I < • \ ./ ,·. ,, I . , / ,, .,,.., . ,,,.,..,.,,.. ' i I I I-· '),-. J ) I• 'J ' / ;' { . I • \ , ) -'/(. y.5-. /,.. L, ~/. Cr )" j - , l 1..., t. . , I '-. ct ' 'I 7 -...(: .• ) I I r/ "/ r-?/, , .. , • .• I ., -.~ J .... :..·-,r,; ._ ' I . /t . ,',1_ ~f I 1./ .._ , / , "'· l,( ••. J ) • .,I(; ' I • • t ,..,,, • t.", :l u , l ,.. I ;. /) I I -(' ·'. _!' J . )( ~ (....;. 7 7 / 1./ f -;-.; c I ~ I ' 1 --:' ••I .... , ',....,.:;-:-: ' I ) I -:,. •• I (/I ~/ I I 1 ) • CI , ., r '/ > I I ') I ' /,. ,! I• ,'. • I -, ,..--- •. , I ,. I • • ! 1· ~ ., I• I I• '•\ C-·~ . "' ... ~-• ... ~1 < ~ I ( . \ . , \ ~ ' . .1 • • • -·----------- I -/ i V . ' ( ' ( ·, / / ,· { ,l , (l -~f'"',) }, 4 7 1 ~ 'j I 'I 'J , , .., "'L '.: • (,_ :.9 7R ·l. ,..L \ ~' r·, I ,. .. T : ' I I --""'' '- I' ., ,, / -) , ' / . ,/}'/ .Ye·,. .Jc • )-· "' -,---;,-_, ~· r . -:, "!::!. I ,C( ll 4'..<L:~--, L./ i., )c. ,, .• ,_, .... -(. 1. / ,.., .. --Ye ,.le z:l /, \:_.-:: d . j · ;:f , .I L '(.. ,'~, 'Z.t -'-~. /) ~){ ' • /" /'1 I : ~ J. / J. /{ if L I J... .:~'(!.(:::. / J' I . I ·>' I /(.l.L~, '-"} --:: r I L' I / .. I ... I , '.r .J ~ / , ....£.',.l .:_., t . ) ·'j 7 . ) --;, ,,J /·,,~;,,/ / / ,··;r 'J r').'., ,, --.... LJ -,t I -~, I I . ~; \I .. ) ..,_j 1-v '-,,, { ' I ' l //-{? /.. ,,:Jr' .., II . ' 11!-;,L :-:f'1-'-;/ ~ 'j, i • '/. / I / /. /. 1 (. r l ,,· , . .J/,1 t L Ji tl~, I l ,)/· /J~ ;j ? ( \.,-'f:/-: ' ' ' ( '-... •·,<" ..\, 4 (-.: (' 1' ,\ '( 7 . l 'r ~ ',!1, ..___ 1. " C < ', l 't I' I ' I I • • r. I ,~ I • r. •l ·~ Ji ~ • • • - Fe b I 8 I978 I FR.OT:.;;s ·; .. ~(, l,'l.-t (,.. -tL<-f --. 5.,1,1 ,·,( I .,,-./L. ;'_),; P.',VH/G OF UUI ON STR.B i,,T AT "'lI..3 '~Il'~B . .,~--,y , .... ,-,7JJ1-.)//.7 /(/ I I 2 ... ~l , t I I / I I • • • In n • • I C ) I (" (7 ( ~-# /) {.. I -'.... , ) ,) -r ) ·- / ( / 6' ) --·/ ') :_. ~ # I I I ,I ( •)'.,( -;,\L.,., < .,- c""'.-"), ;'-1"''1 ,.. · 7 I '.,/ ~ /-, _:::.~,,. I/,, _:,hh' -Ii . /,,:,J... 1.,-:•/ 7 1 • I ,-: / ~.., I /'T / I -)·?~,!, -I y/, I ( --,, • • •;_ / · 7 I . , I~ . , . / -,~ I '1' .\ -( \' )I'.<-./',! ,·., ./ J,: I '.)1_ J I / ~v L '} ;, 7 / '7 !/.. ,,. ·- I / ~' /J ( '- /. r / .. , .... ~ -.-. -\ I I ; C I /-·,.-, I ; I ,1 :l , 0 /. ,-' ' . ·~ .· / L/ L • ,, )/ )/ ...,, .,_ ,.... ?/. ) l! \..'rJ,1"'t, y-,.1 . -.--,, ( , ) I ~ . ,. ...,, ? v, ',i (?,, ) ,;" .;./?;;-,.: Y,? C't., .!·lf 1;/ -y/ JL •./,.J /' :;;.. ,.?~· ; .-r;7" ~,4r ,,,},J //,- ),,;, 1 , , , ,f 1.-.')J . ,,, . .,, /I ' 1· ., • 'I ' '7 .F,,,._, /• 'I. " "" • ;, I'/ -.,__,,;,,,:,:'-/?''rt,,' j/" I ' ,/'I' ~ - . -. 'J,· y/ ~ --) <, I , , 1, --J • _,.,_ :"· i #., .. , •.. 'l,.,. •:..-)/1 ?/ ,· --,, •.. ,..,,.) ·.>r ~ ,,, i'/1 1' -, ', I 1 "J/ ( . J( . 1· I ·' . .,.' )l • _...>•,7 _:1 ,-,:....,'-"'~;;..1,,...,.,,. .. ( ., . · .. ..,..c_ . , # .,, 'I ·v '1 .. • ,, _i '') -,, ·]~ '-ll,. '" 1.··, ;1'' h _, ' • -, "7 • I / ·; ' I ,..: ,r, ., I . I I I . )'! -' ~ ~;;•t.;' ?' /~1 ~ 7 17<!f; t;f , , , -, , ' [ / (~ I j ? ' , /1 ,r I ' ,:__ ,,,.,") :,-.. .. ~· ? )f/ ,,,,...,t./7 .. 'y', •·i ) t' ''·"' / )~ ,, .. , ...... ~ -;r Y r " , _t./l .,.. 'I.,,,. ! j,.,, /-: ,(_ L...:,y , 7, • ;--r· / ~-:-...... • .,..;:-, _.L / -/ -"? - "1 ·;.., ;.,l / l I I I -. "'I;-.., ,,.•; l -~----• ·---.. ~;. ,·)'/ < .) /' -7 /--.. -----.· //1!..., ;;· -I l i .,~/._,./' -V:( .,# ....., ,,, 1. •7/; ,· 1 ' 1 II" ( "'1 ?f:.- .: 1 !, \ ... ' .. ,,, 11 -··/', ,) (· 1.-1' ' 1 , ,...,, ~ 1_, ,,, ..... ,, ~. .J°'l 1/ "1'~ ~:, ;1? ,,./_,_, t1 r ,1\ -.. ., ,,/ (... 7 J--, 1 ;~ ' ,. ..; ~ I .. ,, "t .. /- I, I ,>' Jr ( /1 r,u, ),,C'!.. /1 I ( (. I ~-,-,y ., •,:/~,.· ;'I"',.._. ·r ::,c },·L' i • ) • ...,. J ., .,~, -, .,-'lT .i t r .') .11.-r, ' ) ---. :. 'I ""'."" / ·' "?> .. ~... ... /' ?-I ,,, "/ (/" . ,~·' ·.--,'),-~. , ' ' ~-. ;·"i ·-'1 ~) 1'.-("' 1 'L ~ ''1 ' (' , -) 1 ;-, ",,~ V _"f:.. I . ,_,1,~7 1 "!/~/ /I ;,/ ">J I/J" / /_(///, '··,,, ·" -'// ·1 :1 ~ ,' "4 ,: .. /,,11t(_ IL~,-.'/ :L ·,-;) -, •y,, r 111 , 1 -· r .,1 . ,'f ,t .-,-< -f.. I :v ;,.' ·r ri ,/-f;,-;.,--y/· ,7 1 1J.,·• -·--Z f-~ 7 ;pi )P"i-'/ t .. ~ ~ ') 1 lhl(_ .. "'"'1 ,}' ;;;-:Y·~/> }~ ~J~t-, /"' ,,., ) _., -·/, .l , .. • l ) I. .. ' :;J·:\·,: :-E ' l CU:L -S• . ' .:I ~--· ____________ ... ____ ··-··" -• • .. ~jl ) . ~ '· ·.~ 1 1 a_,. ( . ·-. i • """,• 1S:( I -( ,-r· -Vtt.• r1..A '·· ' L L C (,· , ; ) )c,d, • • - •'c f - . }'., l. . i.: "J I . , . ' ' .> {. \ ., I I I •.. /'k{-';:,. 7'-/~ ·:-.. J,,,. -~· X ,, ,.-( j ( i(u..1 1 ~r il· I {.;. ·1 ( r: l ' . . J <-(· .• ' . · .::,., ./, r . '-/-? t ' l 1 /t,.j '(.. ,-;·/{._/ ; ,A;cj"' ;L --i/ -/ •/--:~ .-~, (. ( .. I - r· ) ,41.().. •'-1-: .:-..-1_. ... ....., __ .,"-- 11 , C t• I 'L t ,l l,. '-, l - I -_"1 ~" ',..-.. ~/ ,~--.,,t;L I ·!t f t ) <1 ~k.tt , l. ' 1 { J; -._,... ' .... -, ~" 7 I ' ' Y -r. I·; I I/ '-I.../:......_ { ( 4., .... l-l 1,,. -- ·!; I . I ,'' 1 / '-'~ .. ), .'1>,. .. , ~J t:.· ,,;.. '_µ , y~: ;J~ 7 t.~ti .l.c l j I [ '-,1 _1 I {:. ' .. / t '. ) L• l I ( ...,,_,<.~""' L "'\ ! ' : •I •• : .. - "-.. ( ..... -, I.... \... , ·'l. _,_ ,-,;i. :., / , , .. , 1 (. • • f 'v ~ --·' .. r i ··(\, •-/ l l · C/ ,J.1 ~j ' I~ ~L--v ._f , ( {. ~ , ',' C I 'J -;,,-tk, 11-1 1 /~ /~ :f t I . ';\i \.:--.~~--h· ··--,d :,('''-- ¥' .... :3,: .• r ,'• . t IL. •- ,, " I• ' ; l ....... ( I l,· ... , , . ,. I ) / 7 ,·, ·- t._. 3 l t,tJ t:(ij ~:; c' , I • • n • I I r . ' . r ) { / / .. ,....._ "--' I T'JW,. 3:.. ..: ; . , 1 • /, ~ L t, / I '77· c.d /. /l .. '-' t ~.' l'L • I \ . \... -~ , ' ..,, ' ( I t,.t l .cl . /) ' /V l (. L l ,l t r: i.. i..:.:.u_._. r -if u ,·'.\ ·' " .... I I-I I ·f ,'7.: -< t \. ~ I ! .l l , ~ \../ 1 ,~ "- / / ~ ·_,,:,, ;; /, ) (' t ' _Ck.\ . ,-A .J • . -, ) / I ,, ,, ·1 \ ( I ·,.r c~ / .. ' ... 4 -(· _, \ ( ,.1 • • - . __ .... _______________ _ (, 1..,. ... < -. ff C ) C ., . (; .' U .. I 1. \ .\ .,•r ., _-:;, ~ c' --I, '- 1J / 7./:_'. I (' T to -l '(' , 'JI , , 1 /' f' I •\. I . -...!( ,,, .i ·,, -~, / ; ..... 'T J' I C I • ·• I ,) '., I I , JI' '? t... / .... r f•, I ~ ) I f I .t -· .; {C:,.· ,...,<.. ),_ t ( -' , , / :/.· / ,' , .L ( I [ r . ' )' i ; · /7 'r ,.- ./ • I / '·/ .., -, ) ,' ,._, ,, t ·y --7 .. ;t.( l .. ' , , • I ... /, <'t,' I •L // 7" / --'-' .5 • L' c·-: '/ £ I I 'c. '; . .-7 l i .' 1 / -, I ! ' .., / 7 fl( -f :~ c I .,.., p '·' . ,, ,f ·,/,~-/ J ., ),;, I ,j I ;/~; , . / /, >' ... / ,. .A '·-1 · --r J. · 1 , ,, , t. <"' ... ~ ...... ·1 I I •/ . 11 :,· ,, -. I : I I t, . ! . • I • • ~ I ·i I s . • • • - ------------------ ' ·1-~ -~ ) "l " . -. ' ~ . .. .. ~ ...... _.;(_ --· ~ -~I ..... j l"c:1:. r,-1a7 , ·, -... -~.-' . I P,lO '.l: . .:J:;i 'E:~ .i'/._\'Ii iC Or' u:;r m • T.\'•; :r: .',. '!_';·r "T ... ' I .. / ',, I /, I J ( I • I / /. , I ) ) ·1 { 't,. '!' ,. '"' / / . f ; ' /• ' ( ' I . I ( • _ \,..,(1, _<._:':: ·1 1 H • ,_ l .... ·-~ ' . ., ' \. . ,,.~ ?:,.,, t ' I 1 / 1 I I • l L , .• V ' ' • .,._, .__ !.'.:· ·~{ I I I I ,_ C ,/./_ l e I J I .. / I~ ,. ~ --' 1 /~ I I /:. .~!,_,_ I I : ) ( -J ·c L.'-) { ,.,__l_j "(· •/,.(. / ""1 :.., j ,. V J ,'/ ', . d .:.51.' .Jc· / I , /., \ I 1 .· , I . ,, . ..._ ""_,,. --c. .:<.. .. / ,, I I /. ' <..':' '/'/ ') ,:{•· I j •. '.:, ,. /~ <l . \ -l / •, .. J / .y( ',(' /~ ~-••• < •V' J• I /{ ', 'l , J, /) ;.: (-..--:.,< ,' L ...... I . /, I .':v.. l ./' • ;• ..• 1l 1 ·, I \ <) ,J \ I • ~; c '· ( (, 1. , r,, "1 ri / / / '1 / • . r I -,,)'/ -I·> I) J_j , ).1 I ~(. _I / / / '/ s ·" : / ? <~ ( -,:· ! __; i /J/ · ~"-'c? / '' _,, (,. I • • ., !"'- • \ L.' ·,-1 • • - ·---------------··--· ------·------ F eb 18 1978 I !',lO':' :.·, ·' 2r-·, F;, 'JING OF UN I ON STRE i T A'i' ~·:n0 Tl!;",3 . / 1 ) /) J', , l-·rt .. , i l cl '1 7 ::, c> , L (,1...-<. [~ }~ ;(i.. • -· I I I' c;_ '·' ... ! < , l 1 I • // .. ,, (..L. I • • • n \ ,, ,_r;.t.(.' ,' I f' .. . •( ... , . ,. I,/,• ,_, "'· ' .. ; ~I : , t.··:. ( l . ..,\ (_ ( ' ·- , _ (l :·; ~ ... ,,' • • 1 { ,J -:; . ,, .. <.,• I ,,, --<. .. , l l . <-,_ ''- ,A ·t . .L:... ' ... •. l ·~' I J, I ••• r' • • • - -------.:.::.:-==..==...-... :- ,.'c.. h . 'r.·-1-':7f 'I' ..... ! t (\ 7' _7 {. .. -~ .. ,-1 , ,c ~, .. -;'t ... t"':1n<, ? .. +l 1 .·' ./.~c(.d( :-L /. , , : ;t,ti,. ~- '-/ ) I(; L \. j_,/, :1t,~ ... ,, " I . /7 -'( / 7 i y ,,-rJi'/ Lj l7 3' / ,, ') I '-l [- ,, (-' )c } --/ /~I .. ..,.. I ' I I..,." t,_, I ..;_/C:"',· •. /.,,..1 ~,/;,\,,, ,''/v/'-\.,1,.. 1:: t. t.-':L. .. ) /IL.l v ... ,. ~ ' .,_ ~-, .JA ">h·, ,., .. ,- r· ,} -.1,~ !; > ;,,,., , l I "·'· .. ,,, .... ,. ' /!, I (. /':.,, l JI • , ... J, .......... ..:< ·- ' ' .. ..J..c ,-.. .... ' L,.. L,., 1 t. I,.,. ( >~< /·~4... •. -· ,..A ,_../'/i r<;-,•...,-<-· .f, w!' I... . • r I -·JA : -, . ,-.•- l -1-k ~ l , I 1../•' ,.,{) (.. .. A ,~ ,/,I ~. I I -,,/ --:-/ //l· .<k ' . J .,_~/' JC · /( I I ),ll' '-I ·-' ._.._ l:• C , .... I I. -~-,...., \ --'L I "\ !/. I l I -<.. I( II I/ • ., 'l,.,, ,,. -,· .; ( J I .. ) -, I ,</ - / .:, , / ,: ·/ ( /I/ I ) ..! ' ,, (, ;' . " \ ·, \ I -) L ( it! .( .,.• '/ I, I . I/~ t_', ( . 7 .7 ·/ L (, / ~ / ·) 7 .; c 71 ~ --'7 / ( . . ·/ /·;· ,-1 / '.J / " ''· ) , /~,\ ' (; .) -(/ r /. I I ; j /( I • • '· I' j,, !. l I "' 1 \, (' •) 1 (' ,, ,I L, .; , '. ) , .. / 1,.( l'. ... ( .. /7cl -,., '1-/116· :;;(1. .. , ... _,__._.; } . I "·-<-L '-, I I . 'J llhi~/,, {_ (. -~. (,,, (. (/ .'"{. ;---- •. ..L. 7 t.J {' • • - ·i':1 I ' ,.,(~ ,, 11( ~lO i~t .) {,~ ,·,, , •• t,-l. '1 . " j ., "''" ' I ) ., I J. -I . . 1 ·1-(· 1 '-( ') '. )c,:t,., .-1 ?') ;/,,f 1.:.., .-; kl ..... ., ,_,;(.,..f, 1L...· ::-~ c:. ·, ~ A_ .. t('/• '-c:: : s . ../ I/ :., .... .-z- 'L C L t' ~ ( ) / ·-:.:·..,.,~ i.-~ .. c. /.,. ,, I.,, ;.A,. , -, l 1 ; l .-/ ... ,"7 1,'f..,,_ ', j;. i.... . " < •. ·, > (. •• 7 j;;/'<. :.I~ • ._'-''-'-··v ~-..._., ............ /_11-••/L 7 ., .. ) '-, . / -4 ' :... l-) (,,, (·,fl. 1n..:( .l~ ,)_ :j C·~ .+< ,, I • • n - ., '1 • • - I -? ( / ' ;, , )' . 1 ' ,-, I~ I 5 . (./ '°L e.~_' ( \ I ., l\ f ( ,::• \ ·' • I .-, .... I . I J (' J ,· . '·~ . I PPO'J' _:·1' ':HT 'i'T.h .; • . \· '!'1·<1-')'' ,:jl ,,J. -/ ( {, ; ! I . "'.•' / . ~-(,: I F , I • J ... ,,,, //, /,<.,' 'I I J.,r. • l I I : (.,{,i I . ( t / /, /' ...., I -: LL. l : '-(){,. ( ,. / • I f . r/- -~/· -~// • ~ 1 : . !J'I , ,',, . '1 • I • 1 • ,> (, ) . j -· . '/ , /. '17 -~(. . / / I I ;f, ·- ,/ ~.,, \ ·-7, .. {,l l ' ... {. ~i • I ,.I ''- /· ,' 7~ ,... I • • ·; I ' I 7 /<( -I 0 (' I I'' I { ', (/ ·' ,I / :/(/ -:(, .' 1 ; ) 1 (cl ,-/ -4 I -, -. l '1"11 ._1 c.,_, ,'\1 r .., ' ) ,•).. / •/ ,. ·i. ,,. I ) /, _, ,,-• I -:-_:.r. '--/ j ', .~;r--I ' I • ,, /,, ~·"' ' • I•) I • I,' ,"_/ .. ? ·"';: I" I I 'I ' / . , '/ ,.,.'" / I • • n • • - ;;;;;;.:;:====.::::::=:_==::-:_-: -_---------------- ·' ,t I l. i • ·~ .,,,. .. -....... -·~\ -• ',J, ' . I 1 .~ r_r .:.: .. ;,, •_~ I IH w A !I'' r O..:' u::rc · ~l.t .i·., I 1: /, Ii ' J I I ,·. I ,. (' l " {' ' •. / _.., ' I ( - ' I J I ' .. :; ,·, ·-I. l .: (. I ' '" C '· 1f · ' j fl Ii • .r 7 'l \ • T ,l/ . ._' •\ I.,,, ·' ' I ) I ., I /r , ., ..... ·, ·- . , ' ., ~ \ .. I ' , I ~ I I /, -; /: / ( ,~ ... / :, ., .. ' ., .. \ '1 ~ ,[ ..... t i . Lj( J l ),, ,• ( , / I I •>-, ••••• -, • I /, ') " 4 </ / ... i::z,l.'.,J / . - I • !el I . I I (. L tf ~.:c / .-,.,,, l. 1/.l (, I , I ~-j "' '-. .. / \' w,. L. : • ",[ J I -I / '-I-I I \ ;(,' / / I I 'I-//,_ ... ~ . / J./1. • ,,-, ..__(. [,.._ ' I, L ( I •. ) I ) r ), •.. , .., , J L '~"-• ._ - / ~ ,~ f ~·/'/ -;/ '"'... ~ • .,. ·e:., • . \ 'J(.c 1./Jlr.,• '. t' 1,, r: rt c. ;,/ .,/ r "fJ,L!i.. i. ,d c ·. ·: , ,· "' ,.,,, ~, .,J / ,: .. 4,-,, J- ;7J /. ye ,, .. -.I 'J~/ -; ( ..I / ~/ \\ , ... ', \-I \ ( ,,. ·? ,,; \ l 'r.' t,;.!_1 I -ii il- l / !. 7 I ~ t' ,..J/ r· .' /,•«I 1 • I • ·- I • • • - • - }~eb IB I978 I !'R OT /.:, ?l,:, L. ·IJNG 01" UN I CJ N' S1'l1J.:, 'l' ' /, I ().. ' l, ·1.· , -r . (, ~ "'-{ / t-'-· . 'l . I ( , < . , '- I j ',,•t h I I I I •.· ,, • • ', f // J .• ·-'/ ,y -J lt7 I • • • • • I .. T V ,~-6.:Z-r-c>" ~ (.)/' .-c 0 ft .(, D~i/a!41~)·/1-, - .,Y. !( j ,t-,· -• ~ •o..(.J "/.. ,. {/', /. ;:·--~' ,• ]Ji ~.1 · _ ..• l, )'..-l.C.1·' 'tr.. ,ln, .1 1}!{ 1,11 % Ii;;. l ~ c )' ·i,..·~ -_·\-':J.. /-/-1i ·" ~ ' .~ ,J 't t ,·v ,\.v \. '7J '/ ~./'}.._;. 7 7 7 {' (' ,) ('' j (} 1. \.' :'I.., i I ~·, I• '7'\.t,(' ·-'-' c../,. .• ,. . -, I •/ I ,/t /~ .'--... I . . ', . / l tt l C : Li.... •. .I •J i /,"i."1/~;#( • ' .:, { .. \.. ,.~-i---{_ ,,._ ·- "f .. ~ • 'I" ,.-. I / "7 '- ;.., r,. 3 . / !.:! .,:, ·1 •. · >t.. '--/ { ,7 / 5 ) /'-{/1.-1 ----. ~/ C.-1 I ._)c . ,-) k · i ;. Ji /,_ ;(._ 1-/e: ~ / J~, .. J;~., ... «· ·- ~/.·:.-J. ,/l,, c--, '/ ( I: I, J<. -I\ '. J ! \ .:: 'l .L./ & ?t'' --<'k : _,jj . -~.~,., y( ;'!C /;{: .. -~~. ~--:~,"~ f . '-I .(· '/ l '; j/..,:/' 'X-1 :•, ·.,r { l e., I .,/ .. • .i, \. ..: ;'J..'., . .... . -' ''-'- ,, I ,:I, J' J/t 'IL -{ -·"' .,, ''- // II I/ • ' ~ . 'I ,;,-' /,. -• I .) I I -/)·,:.-.... , .. _,/ . ~ '/, /, I l ,. I l •I (. /(· /· / ./,I ;;;, / . :r .~ S' , I r / . ' '1.,-(' I I --,• ,., /(.,-1·c.-,' {.,.,) 76 (-17~t,{,. ~ )/-/1,. c.."'{, 7S--/ ;.~t...../L 7 ~~·· ·-') 7'r'C-~ ,') C: I · .~; .!/y::; l ',·, lf \ ( 1&/-j",{-.-.s ,...,. < -; s·/. _-,. I r.) r / .._ , .) 7(/--( '1'· I I .• I • G. I· ' · > I ./ ( / ( , ti I • • _ [1 n r \ -.) I ( ,.;'.\/ • - 1 •1. 1 :'" L) .· J r.,.L. I ·· I '. i' , _ . \ ' ) )1 \ l .,• \ I ,': -/ t\ - / • V' I'. .. ). ., .\ l '' d '<--L,, {, ..J..,L.~'z , 1. 7.. _ _( __ ''! (. '.. ,' ' ~ t . ' ,, ., ·,·"'71...~1:-... ..,, ...... 1 ~ <t ~· c' 'r 7c'(, -So, ;.J-Jl «.L ! , " I i.f ".'. F-l 7 • } j . ) <. . , ' /· ''--l _,I "'"(c..1 ;-_, th')" /L ......... ( .. ;/ ,'f ' ,)L,L t 1._• . I (' ll ' '~··.~/~, ~-/, Jll" .... >-11....t..~ £., L .I t.,~ { "'1 I ., 1 / 11 1 ' A, '--'1'"'!' ·J / '_-\. .,/ 1/ .; :--.~7 :,r.'t,iJ.< L/(_C'-j t . C "'-''-- I 'I /'(_ "• '-I ' \.. -l '-'--~ (..L i , I ' •.'· . ~ , ~ ./ I; )11 1 }'., i , '-'iJ . I c ~ ../ I '-/ G.· l· Cj ./. f.. L-1......, .. , ' 11 '/ • + .. ~,,( \ ".. ,, I -/ ·~ ... t.0 't { I 2 ( /'J...r-_-/ t t., ..... ..,.~- f , ~1 -· ... ~ I.Ji. ,., ~ ," ,...;,i.a "" .f t :' .,. tv l L '), lt.(," •l.. . (' / J_, tI £-c..' 'U . -:i , ,,,,, tJ. . e _;1 l /. 1 4 L II, r J -, I 1 •l 7:_,. _.,..,, . t l't) J ttl. . _ • -' ') ) e,j / ""l J I ,~ . ..) ( . . C' · , •• ' ( I j , j -' ' I • ' •//''</]' , ~ 11,_,(,,..._ \ (\• , ' J , •. ,r, ._.:,., I ,, :.1 11 {,I_-(~ LL' " --1'7c.4..; ~~ t \"'-,<, V":,,. .~ '~~ ~ ,q } .. ".1 i ,, ) ,. /L y -l.. ., $' '..> '1-.. " ....... >-~'f',,.,.-__._ ,, ._,;.,,-~ •• r •...,. JL.- ,y ., l 'a ' ,, • i.\ I -' t. c~ I ~s .,_/ ) / ,, ,) ~ . il I)[,( it;) :)_ :../ I • • • • • • I••:' { '.J j /, I ) I '7 J / ~ ' &, ·'Lt. . -.~ (' /( ·,, ~<,1 ., . 1./ J,... ./,. I :!'RO? ;m :'fl, . . . ~ I : ...... ,• l . ,r(, ·f /; /I ·,I l,'l/f / J _....- i.V {,'--/ I'-~/\_. j_" . I:. , ( /l / {··· I. -I. 4.· 0 ' l,iHd 1 { .. ~ ... ... , . -G-1';78 S.:. 1LH;c,-{/\,c. :) ~ . ' ')('.,I I I :; i. "~ '/ ,e{ C ,t:: / •• ,// ,! \ J ., ,,. • -.j -·, T ~ I ". /L ', • ' t,.. .... \..(. ~. L. / ){. },fJ:_L .Li ; , ~ ' I / r'-• l -r:_,,·._ .: ~ . · _, I {{_ .,,,; I I I ///·, I }' , ' ' .,, . I-: , I//' I , ,. I I i > ,, •, -r I ...,,, .,__ / "• .. c 11,' _,, /, . / .. ( . ') <'.' -,;: -/ / ,:,· )/ (. J.( -:, ,· ;/ .. / .. , ,. ,,;' 11 r ,_ i . I l ,., I • • ... , .... _v -:5. ,( ,· '.· '(' ' . -:-) ,f/ .. " ':· .~ I ,. •' ', / , .... / I.• ' ·, 'l .... ..i ·-' ( 1 I I ') 7 <...., '{ , ) ..... "] 1 ... l .(. I • ·i • •, J / ,, .r::;? / I , 1 I / /7.:?'. _; ,·~ 1 ,_ ·, f'.)/,/, , , . '·' ,;;'-.:,'-. . ;: 1 j_-4'ri ,, • ', /f ' ' . ~/· '; I ....,~J-.,,,-:/-~1. ' "-1't:. &'_ ') ; ; ., J / /~ I ;.~ ') ,-. . '., I -,.v ,., ~- /I/ ,,;, I . ,.,y/ ' I ... ' ,. . ,. : Z-- ,. I 'I "' , . f . . I.' , < I • • - . I f , I Ir ,.I •, .' i. a I t· ·I ( I ' ' ') I , I( / •' / ·1 ( v ,.·, '.V--·(l,.J..'-'"7 '7)l, •" '.r ./ I , • '.•. _ I \ / I / ,,., I J ( (. . 1 ·\.1, ; ,.// ,,/ l ~ I -• ,_ ... ,/ ,, . (/ " ... ,. I .~'[ /' ', I I .. , . v' , .j.:,.. '-·'-''1,- .t./ ( St <-le <f' i I I ' J t_ ,/_/_l .'t ·/ 11/ / ,~ I ( -4 j' -.:i '\. (.""' t ) {;_,,__{_~,./ ' . ,,,: .... ,. /. ;?' -· ...,~, , ~-, . ..-. .. -, -r/'' ". .,, ,,,.,,,, ··, ·-, \ < l .. ' \ '· .. _ :--,c ' (; ~,, \ \ .. ~' . ""-.,<-' ,L-c--z C ; 1: t{ , ... , . ,, ~ ...... t ~ ~ ~ • 41. Ji. II I.. I I, • • - .1· s . .. ir /' ji;; 7,v r; -I I I ' l ll .I . { ' I , ' I /, ,-:, • I -. ,,.. ,., 1 . -• /J I -&cl/.) -- ;~f / · y(; J- ,.l, / /.) ° C--:'d "-l '-<? J 7 J' I -/ ·f IS ,/I f • • 7, / :c ;., 7 ·1 • .J I ,4 ( ..) I r \ . :-) ---.) \ ~-~'-.. -;,· \ '., \· I • i ( --' ..,.j"c, ... .{/,, ~ ,--,1 ~re.. 7 y I -Lj C lJ'/ -.. ~c _::, J • ;'..;' ., . - ~' J j' ! (. I • • 1 i' ! •. • __j_.,,.,~;, :·l c' -/ '..! /:· • - I!'eb 18 I978 OF UN I O.N S TRiil:T AT '!!HI..:i TII)3 . -) · -</ c, --~-· 7 g / -,) /6 7 /11 I I / I I . • • Call to Order • • - MINUTES OF ENGLEWOOD HOUSING AUTHORITY MEETING January 4, 1978 Chairman Th omas J . Burns called the meeting to order at 5:15 P.M. and welcomed members and guests to the first meeting of the new year, held at the Simon Center. Call of the Roll Cal l of the roll indicated the following: Members Present: Th om as J. Burns, Chairman Betty Beier, Vice-Chairman Cindy Pet ers on Dave Clayton Members Absent : Rev. J. Stanley Fixter Others Present: Richard Wanush Al Johnson Alice Fessenden Ken Nicholas (Manager, Simo n Center) ~oy . Youyng ] Assistant Managers, S i mon Center marian oung] Nellie Johnston Gladys Malgren l Dorothy Nickels Simon Center Tenant Council Gladys Travis Reading and Approval of Minutes Minutes of the regular meeting o f the Englewood Housing Authority of November 15, 1977 were reviewed. There being no additions or corrections, the following motion was made: MOTION CINDY PETERSON MOVED , AND BETTY BEIER SECONDED , TO ADOPT THE MINUTE S OF THE NOVEMBER 15, 1977 MEETING AS WRITTEN. ALL VCYl'ED "AYE" AND THE MOTION CARRIED UNANIMOUSLY. Bills and Communications Chairman Burns read a letter to t he Authority from Vern Mann announcing his r esignation from the Housing Authority. Mr. Burns • I • • • • • e xpress ed the feeling that Mr. Mann had worked ver y hard for the Au thorit y , and had done mu ch to as sist i n the improvement o f the housing situation in Engl e wood . He p o i n ted out that Mr. Mann's presenc e would be missed, a n d th a t h e regretted having to accept his resignation. He then annou nced that the Mayor had appointed Councilman Dave Clayt on a s Mr. Mann's r - p lac e ment. Simon Center Ken Nicholas introduced the of f icers o f the Simon Center Tenant Council. Mrs. Gladys Malgren, President of the orga ni z a t i on, reported on the makeup of the Council, and some of the a ct i v- ities and accomplishments of the Council. She said that they have been enjoy ing their music programs, bi ngo, car d part ies, etc., but that these activities are now being revised to s o me extent so as not to conflict with the recentl y -opened Mall ey Center, where there are similar programs. Mrs. Malgren said that the Council had visit e d two res i dences for the elderly in Denver, and had returned to the Simon Cent er very pleased with what has been accomplished in their home. Mrs. Malgren then reported that since th e Simon Ce nter o pened in May they have raised $623.73 on a bake sale and $6 61.15 at a patio sale, for a total of $1,284.88, which was prese nted as a contribution toward the $35,000 indebtedness to the Ci t y f o r furnishings for the Simon Center. A check was received by th e Tenant Council in the amount of $1,700 from Elsie Malle y , which was used to purchase a sound system, a 35mm proj e ctor , and two flags. The Council has spent funds earned and collected to pur- chase a color television, fireplace, book cases and a plant e r box for their "family room". Mrs. Ma l gren thanked Ken Nicholas , Roy Young, and sorne of the other men in the building for the work they did in building and installing the book cases. Funds have been collected for the Council from the sale of news - papers, rec ycling of the papers, coin laundry equipment , and other projects. Mrs. Malgren reported that as of the first o f January all bills have be e n paid , and there remains in the Tenant Council bank ac c ount a total o f $1 ,989 .4 7. Mrs. Malgren also described the examining room on th e sixth floor where tenants can be e xamined by a visiting nurse and doctor who attend to their needs on a scheduled basis. T om Burns commended the Tenant Council on the excellent j o b th ey have done, and expressed the appreciation of the Housing Authority for their efforts. Mr. Johnson added his thanks, and commented on the unenviable position of the Tenant Council, p ointing out that theirs was not always a rewarding task. Bet t y Beier inquired as to how profits are gained from news- papers, and Dorothy Nickels explained that they are given a 2 I • • - ( • - redu c ed p r ic , and handle all d e liveries within th e building, as we l l as c ollect ion of payments. Proceeds then go to the Te nant Coun c il. These papers are then collected for re-cycling, which also brings in money. Resident Manager's Report Ken Nicholas welcomed the Housing Authority to the building for the meeting, and thanked his wife, Alice, and Marian and Roy Young, the assistant manager couple, for their hard work in making the building run smoothly. He explained briefly .the makeup of the tenants: 88 single females, 13 single males, and four couples, including the two manager couples. Age of the tenants ranges from 58 to 94. He commented that since the May 21 occupation date, there has been only one turnover in apart ments, when it was necessary "for the tenant to go to a nursing home. One death has occurred, which did not create a vacancy, since the deceased was the wife of one of the coup- les, and the husband remains in the apartment. Mr. Nicholas also explained the support s y stems which are available such as homemakers , and the nurse and doctor servi ces which are pro- vided through Swedish Hospital. Mr. Nicholas explained that the coin laundry e quipment is rented at a f lat rate, and that the proceeds go to the Tenant Council after the bills are paid and the utility costs are deducted. He said that this brings in approximately $50 per month. He reiterated what had already been report ed regarding the donation of Mrs. Malley, adding that the sound system was pur- c hased with , these f unds and installed by Roy Young and him in order to save money. They also built the book cases in order t0 try to save funds. In speaking of the library , he expressed gratitude to the Fire Sprites, wives of the Eng l e wood f iremen , wh o had donated the materials for book shelves, and the fire f ighters who had done the work in building them. Mr. Nich olas explained that he and Alice work with Roy and Marian Young in order to have someone on duty at a ll times. He reported on certain problems with the former maintenance person at the Si- mon Ce nter which led to his resignation. He pointed out that t here was no pe rsonality clash, and that he had high regard for Mr. Garc ia. However, after evaluation of Mr . Garcia's work record over a three months period, it was mutually decided that resignati on was the best solut ion. He reported that a new per- son, Gary Petit, had been hired. He was hired under the CETA Program. Mr. Petit has one hand, the result of a birth defect. Mr . Johnson explained that 40 p er cen t of Mr. Petit's salary i s paid by CETA during an eight-month training program. Councilman Clayton inquired as to whether or not the handicap which had been mentioned conf licted with the job description of the ma int e nanc e person. Mr. Nicholas answered that the condition, which Mr . Petit does not consider a handicap, since 3 ) I • • -• - it has existed since birt h, does not hinder him in the perfor- mance o f his duties. Tests had been administ e r ed before hiring Mr. Petit, and he proved that he was capable of performing the j ob. Mr. Petit is under an eight months training period which will give ample time to determine wh ether he is capable of all o f the tasks required. Mr. Clayt on asked abou t the job description, and wh at benefits are available. Mr. Johnson explained that the j ob is paid from the HUD budget, and the pay scale and benefit s ar e not the same as for similar jobs in the City. The benefits are purchased through the City by special arrangement. Mr. Nicholas pointed out several items which need to be done f or improvement of appearance and convenience of the building. He also reported on the many ways management had taken steps to conserve energy, improvements over the original design of the building. He reported that various service contracts had be e n signed at great savings, such as with U. S . Elevator Company, at a savings of more than $230. Mr. Nicholas reported that, although air conditioning is not furnished in the units , the best model of General Electric units is available at a reduced price to the tenants, who pur- ch ase their own units. There is a small charge of $4.00 per month for additional use of electricity for these units. He reported on the heating system. The building is designed on a "zone system" and certain areas seem to be too hot or too cold. Tests are being made now to determine alternatives and improvements to the existing system. Mr. Johnson told the board that a report would be made at the next meeting. Next Mr. Nicholas reported on building security. He reported on an incident that occurred about midnight on November 25, 1977. Possibly as many as five or six young men had broken into the building. Two of them were apprehended after a complete search of the building. Mr. Nicholas explained how many different ways were used to attempt to "teach" the tenants about the importance of not letting people into the building unless they know who they are. The board members requested that a study of building security be made with the Police Department, and that a report be made at the next meeting. Section 8--Existing Mr. Johnson reviewed the monthly report on Section 8--Existi ng . He stressed the need for an increase in staff in order to im- plement any expansi on of the present program. The Section 8 Existing program was explained by Tom Burns for the information of Dave Clayton. He pointed out that our program of rent subsidy has risen from 25 units to the present 70 units. Mr. Johnson pointed out that HUD is now advertising for addi - tional units for 1978. He pointed out that the administrative portion of the HUD funds are used to reimburse the General Fund. 4 • ) I • ( • • - Mr. Wanush said that the upgrading of South Sant a F e would dis- place approximately 800 fami lies, and that more subsidized h ousi ng will be n eeded to take care of these p eople . Mr. Johnson then explained that the Housing Assistance Plan on fi le with HUD calls for 180 units total over a three-year per- iod. Mr. Wanush said no action was required at this time, but t hat further recommendations might be forthcomin later. Rehabilitation Loan Program Al Johnson reviewed the Rehabilitation Loan Program. Twenty-two loans are in process, with eight under constru c tion a nd one c om- pleted. These are loans under the new expanded program. He said that a brochure is planned f or the near future which will outline the target areas , and describe what is planned for these areas. Alice Fessenden reported on the target areas. She described some of th e problems being encountered, such as titles to the properties, second mort g ages, etc. Mr. Clayton inqu i red as to the taking of third mortgages, and Mr. Wanush answered that the bank money cannot be used fo r a third mortgage; however, with the City and State funds the policy c ould be changed t o a llow third mortgages . Mr. Johnson said that there is o ften a problem of finding enou gh e quit y to c over a second mortgage . Mr. Clayton asked for an explanation of emergency cases. It was explained that funds have been allowed up to $1,500 per case, which are to be used at the discretion o f the Executive Director to be use d in cases where an emergency exists which is threat- e ning to the health and safe ty o f the occupants. The monthly r eport referred t o the need for a c ode designed specifically for rehab work. Mr. Clayton asked why this was n eeded . It was explained that there is a great deal of differ- e nc e betwee n a code t o correc t deficiencies in an existing structure, and a code designed f or new construction (U.B .C.). Ms. Fessenden stated that the money needs to be used to bring a l l items in a house up to acceptable standards, whereas the present building cod es are a imed at new construction. Criteria for types of work to be d one continued . Mr. Clayton e xpressed concern that houses need to be brought up to such condition that when it goes on the ma rket it is a viable living dwelling, and does not have to be re-done on sale. He was assured that t h is was being done under the present program. Bet ty Beier inquired about t h e appraisals. Mr. Johnson reported o n the type s of appraisals which had been made , and stated that of ten the appra isals had not been hig h enough to reflect 90 per c ent equity after improvements at market value. However, he noted that new appraisers had been hired who were doing a mu ~h better j ob. 5 I • • • - Methods o f Figuring Subsidy A proposal for a change of rehab administrative procedure on mode of subsidy was presented to the Authorit y for their ratif- ication. At the November meeting of the EHA, ways and means were discussed to maximize the existing f unds for interest subs idy to a g reater extent. Staff effort uncovered a new method to apply subsidy at present rate while using practically half as much total fun ds . Answer: Apply subsidy totally on front end of loan to reduce actual amount borrowed from bank at 7%, instead o f subsidiz ing the interest over the entire term of the loan. The attached example shows how the amount of subsidy is dramatically reduced using the new method. Time constraints on pending closings necessitated a deci s ion on this policy change in late November. Therefore, a telephone poll was taken November 23, 1977, The following members were contacted and voted to change to the new method: Tom Burns J, Stanley Fixter Vern Mann Cindy Peterson Betty Beier was called several times, but not contacted. The minutes should now reflect that the new method of subsidy has been officially adopted by the EHA. Following are the two methods: ORIGINAL METHOD Amount for work plus closing costs Term Interest Payment Amount of Subsidy 20 years 3% $44.09 $4,210.97 $7,950 This method involves an interest subsidy contribution by the Housing Authority ev ery month over a 20-year period. CURRENT METHOD Amount f or work plus closing costs Amount Loaned Term 20 years Interest 6 $7,950 5,687 • I • • ( Payment Amount o f Subsidy $44.09 $2,263 • • - With this method the subsidy is paid in total on the front end. A paragraph is added on the Deed o f Trust which would require some of the subsidy amount be repaid if the home is sold within five years . The schedule is: 1 yr./100%; 1-2 yr./80%; 2-3 yr./ 60%; 3-4 yr./40%; 4-5 yr./20%; over 5 yrs./0% This method is preferable because less subsidy per case is required, and less accounting time is used. MOTIO N CINDY PETERSON MOVED TO RATIFY THE TELEPHONE POLL OF AUTHORITY MEMBERS TAKEN NOVEMBER 23, 1977 AND APPROVE THE CHANGE TO THE METHOD OF SUBSIDY CURRENTLY BEI G USED . THE MOTION WAS SECONDED BY BETTY BEIER. There was discussion on the mo t ion . Ir . Clayton had difficulty accepting the schedule as writt en . H pre f erred that the drop- off be stretched over seven to ten year s rather than five. Mr. Wanush felt that som e figur e s should be presented before a motion was passed. On discussion, it was pointed out that this schedule had already been vot ed on by the Authority, and that a majority had been in favor o f it . The purpose of this motion was simply to rati f y that d ec ision. ON THE VOTE , ALL VOTED "AYE" AND THE MO TION CARRIED UNANIM OUSLY. MOTION DAVE CLAYTON MOVED, AND BETTY BEIER SECONDED THAT THE HOUSING AUTHORITY REQUEST THAT THE STAFF FURTHER STUDY THE FIVE-YEAR DEPR EC IATING SCHEDULE AND REPORT BACK TO THE HOUSING AUTHORITY THE POSSIBILITY OF EX TENDING THE PERIOD OF DEPRECIATIO N TO SEVE N TO TEN YEARS RATHER THAN FIVE. ALL VOTED "AYE " AND THE MOTIO N CARRIED UNANIMOUSLY. Polic y Cl a rificat ion -Loan Service Fee Mr . Johnson reviewed the r e h ab policy clarification with regard t o th e loan service f ee. Since the beginning of the extended Re hab Loan program, t he n orma l r a t e f or loans included 1) the n ormal interest rate from the lending institutions (presently 6 %); 2) plus a loan service f ee (1 /2%); 3) plus 1 /2% to the EHA (administrative reimburseme nt). Originally , the loan service f e e was intended to go to the lead bank to c over the cost incu r r e d in the servicing of the loans. 7 • I • • • • • However, when it became evident that the l ead bank was not abl e to administer a program fo r subsidized loans, the City Finance Department worked out a method to administer the loans through our own c omp uter system . The City Manager does not think it would be proper for the Cit y t o "charge" the EHA for these services . The working agreeme nt between the City and the EHA already provides for the City to offer fiscal services to the EHA in the administrat i on of its programs. Also, since the Rehab Loan program has always been a closely cooperative venture between City and EHA, it wo ul d be particularly inappropriate for the City to seek reimburse- ment for such a joint venture as the Rehab Loan program. However, the Rehab Loan Program policies as adopted by the Housing Authority do reflect a "loan service fee (1 /2 %) plus 1 /2 per cent" to be added to the "current borrowing rate for funds for property rehabilitation purposes" (i.e. curre n t l y 6 %). (See Englewood Housing Authority Housing Rehabilitation Program Policies, Sec. 7.2, "Normal Rate Loans ".) This same designation of percentage rates and loan fee were then incorporated into the amended agreement adopted by City Council. (See Amended Agreement II, Sec. 4, paragraph VII, B.). Subsequently, all of the loan rate charts developed to admin- ister the program were computed on the 7% rate (i.e. 6 +1/2+1/2 %). The system established on the computer was programmed at the 7% rate . And, finally, the loans approved to date, as well as the loans ready for approval in January, have all been computed at the 7% rate. In consideration of the foregoing, the following policy clarifi- cation is proposed for adoption: As stated in the Housing Rehabilitation Program Pol- icies of the EHA, and as contained in Amended Agr~e- ~ !!. between the City of Englewood and the EHA, "the normal interest rate shall be the Authority's current borrowing rate for funds for property rehabilitation pur- poses, plus the loan service fee for the loan, plus 1 /2 per cent." The loan service fee and the addi- tional 1 /2 per cent will be used by the Authority to c over administrative costs incurre d in the imple- mentation of the loan program, as we ll as to provide additional funds in the program for loan subsidy on other futu re loans. MOTION MOTION WAS MADE BY CINDY PETERSON AND SECONDED BY DAVE CLAYTON TO ADOPT THE POLICY CLARIFICATION WITH REGARD TO THE LOAN SER- VICE FEE. ALL VOTED "AYE" AND THE MOTION CARRIED UNANIMOUSLY , 8 • I • • I ~ ( • • - Policy Clarification -Deferred Payment Loans Al Johnson reviewed the policy c lari fication with regard to deferred payment loans, as f ollows: The 1977 amended agreement between the Englewood City Council and the Englewood Housing Authority provides for deferred pay- me nt loans for the elderly and th ose unable to make any repay- ment on their loans (cf. Amended Agreement II, S ec . 6). How- ever, the same agreement also provides for an extension of the loan amount up to a maximum o f $12,000. This increased loan limit was made possible due to the addition of the money to be loaned by the Englewood banks. The loan from the bank is based on the presumption that the borrower is able to repay the prin- ciple on the loan on a monthly basis. The interest on the loan may or may not be subsidized by the EHA, depending on the finan- cial status of the borrower. Deferred payment loans, however, stem from financial situations where the borrower is not able to repay either principle or interest on time payments. These loans cannot, therefore, be made with bank money, but must come from our own City and State funds. Because of the limited resources at our disposal for such loans, and in view of th e potential number of requests for these loans , the followi ng policy clarification is recommended to the Author- ity for adoption: WHEREAS the E.H.A. intends to continue its Rehab- ilitation Loan services to the elderly and others on fixed income, who are unable to make time payments on their loans; and WHEREAS, the Amended Agreement between the City of Englewood and the EHA provides for deferred payment loans to be mad e in full upon the sale or convey- ance of the property, or the removal or death of t he borrower, NOW, THEREFORE, in consideration o f the foregoing, the EHA will continue its policy of making such d e ferred payment loans under the proper circum- s tances up to a maximum of $5,000. Funds f or such loans will be made available from the various city, state and Federal funds allocated t o t he EHA for the implementation of the Rehabilita- tion Loan program. Administrative approval o f all such loans shall be made by the Rehabilitation Loan Committee as part of their regular monthly agenda. 9 • ) I • • - ' • • MOTION MOTION WAS MADE BY BETTY BEIER AND SECONDED BY DAV E CLAYTO TO ADOPT THE POLICY CLARIFICATION WITH REGARD TO DEFERR ED PAY1,1ENT LOANS WITH THE SUBSTITUTION OF "ADMINISTRATIVE APPRO VAL OF AL L SUCH LOANS SHALL BE MADE BY THE ENGLEWOOD HOUSING AUT HORI TY ... " FOR "xxxBY THE REHABILITATION LOAN COMMITTEE,,," IN THE LAST PARAGRAPH, Tom Burns questioned the use of the Rehab Loan Committe e for approval of deferred payment loans. This was discussed at some length, and it was agreed that this change should be mad e. ON THE VOTE, ALL VOTED "AYE" AND THE MOTION PASSED UNANIMO USLY . Emergency Cases Alice Fessenden reviewed for the information of the Authori ty members three cases which had been handled as emergencies. First was the case of a home at 4298 South Pearl which, on in- spection, was found to have a layer of raw sewage in the base - ment. This presented a definite hazard to the health of the occupants, and it was felt that emergency measures were called for. The second . case was at 2822 South Cherokee, where there was a leak in the water line between the curb stop and the main. After consultation with the Utilities Department, it had been determined that action should be taken immediately. Ms. Fessenden explained the operation of "Project Heat ", (Arap- ahoe County's weatherization program) and said that they had referred a person to the Housing Division for assistanc e in re- placement of a furnace. Inspection by Mr. VanDemark revealed a cracked hexagon, and the presence of gas throughout the house. The furnace was running continuously, because a screw drive r was wedged in place to keep it on. The homeowner was forced to keep the windows of the house open at night because o f the gas, and was also using the oven to provide heat. Due to the above factors, the case was judged an emergency. Cindy Peterson asked whether, in case of emergencies posing a threat to the health and safety of the occupants, some of t he rehab mone y could be used to place the occupants in a mo tel until the emergency is corrected. After some discussion , it was determined that rehab money could not be used for th is purpose. It was suggested by Dave Clayton that Maida Navis , of the Inter Faith Task Force, be contacted for cooperation in emergencies of this type. Tom Burns requested that the staff contact her and invite her to attend one of the Housing Au t hority meetings to discuss what help would be available in cases where there is a hazard to the health and safety of the occupants. 10 • I • I ( • • • • Old Business Mr. Johnson reviewed the propos e d Metropolitan Housing District legislation fr om DRCOG, along wi th "A Bill for an Act Concern- ing the Creati on of a Metropolitan Housing District, and Provi d- ing f or the Powers and Duties Thereof". He stated that it looke d unlikely that the "bill" would be placed on the Governor's Call". The DRCOG Regional Housing Opportunity Plan was reviewed by Al Johnson . He pointed out that work needs t o be done with DRCOG to be sure Englewood's share of housing "needs" ref lec t s a fair and reasonable goal. Housing Issues--1978 Al Johnson presented the attached overview o f some possible major issues in 1978. Rich Wanush noted that as the present programs become more and more a maintenance effort, the EHA needs to focus on new pro- g rams that are needed. It was decided that Housing Issues--1978 was a major topic f or discussion, and that it should be placed fi rst on the agenda for next meeting . Adj ournment There being nothing f urther to discuss, the meeting was adjourned at 9:45 P.M, 11 • I • • • • - HOUSING I SS UES --1978 GOAL S AND OBJ ECT IVES OF THE ENGLEWOOD HOUSING AUTHORITY PRIMARY NEED: A COMPREHENSIVE HOUSING PROGRAM? ENGLEWOOD HOUSING AUTHORITY ACHIEVEMENTS: Housing for Elderly (New Construction/ Simon Center) Low Cost Rehab Loans (Program expanded from less than $100,000 to over $700,000) Rental Assistance to Families (Section 8 Existing program increased to current 70 units) NEED: EXPERIENCE TEACHING US THAT STILL MANY AREAS NEED ATTENTION. We cannot simply run a maintenance operation of existing programs. Doesn't the main goal seem to be to create a comprehensive and well balanced housing program that an- swers housing problems of every kind? Some areas of need were identified in HOUSING ISSUES--1977, such as: Need for additional housing for elderly (either new construction or substantial rehab). Need for rental unite for larger families (3 and 4 bedroom units) which would require new construction. Homeownership for low and middle income. The events of the past year have highlighted some o t her very significant areas of need. Especially from the e x- panded rehab progra~ have we identified needs such as: What to do with dwelling units that are beyond r e habi l -itation? How to provide for families in units that are substandard and be yond repair? These qu e stions offer some important challenges to the Authority if we are to have a comprehensive program. 12 • I • • ( ( ( • Housing Issues --1978 p . 2 Should not our goals be to: • • • Acquire available land for new development? Provide alternative housing for families living in substandard units beyond repair? Purchase substandard units and provide for public or private redevelopment on the acquired property? WHAT IDEAS COMING FROM THE HOUSING COMMITTEE OF THE COMPREHENSIVE PLAN REVIEW SHOULD HAVE AN EFFECT ON OUR GOALS? What effect should the relocation of some 800 families along South Santa Fe have on our plans? WHAT IS THE PURPOSE OF HAVING A HOUSING AUTHORITY IN 1978? 13 • 0 I • • • • • • The Englewood Housing Authority Minutes of the meeting of January 4, 1978 were o ff i cially approved by the Commissioners o n Febru a r y 1, 1978 . Englewood Housing Authority • I . ...... ( • • - CITY OF ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS JANUARY 11, 1978 The re gular meeting of the Board of Adjustment and Appeals was called to order at 8:00 P .M. by Chairman Oliver. Members Present : Members Absent: Al so Pre s ent : Dawson, Leonard, Bevier, Seymour, Kreiling , Oliver. None. Chief Building Inspector, Gary Pittman, Assistant City Attorney, Leo Clark, Recording Secretary, Valerie Christy . ------------------------ Gary Furlong & Associates Case No. 01-78 2875 So. Tejon St . REQUEST : A vari ance from the 1973 Uniform Building Code, Section 3304. (i) which states Exterior exit balconies shall not be located in an area where openings are required to be protected due to location on the property. On October 19, 1977, the Building Department issued a building permit to Gary Furlong & Associa tes to erect a metal and masonry building at 2875 So. Tejon Street. The building permit was for the shell of the building. The building was erected with the specula- tion in mind of finishing off parts of the building as it is leased . On December 12, 1977, plans were submitted to the Building Department to finish part of he building which was recently leased . It was a warehousing facilit y with office space. The office area is a two story unit with offices on both floors. The Uniform Building Code requires the second story unit to have two exits (Section 3302.(a) ) . The plans showed the second story office was served by an inside exit enclosure and exterior exit balcony, which is defined as a landing projecting from the wall of a building and which serves as a req ired means of egress. However, the exit balcony is located within the 5 ft. north sideyard property line (18'' from the property line). An exterior exit balcony can not be located within 10 ft. of any property line. There are no buildings located immediately adjacent to the propossed exit balcony. There is only a parking lot used b y the building to the north. No additional structure can be built immediately adjacent to the exit because of the possibility of (1) • I • • • - eventual erection of a structure immediately adjacent to the exit balcony and lack of required maintainable open or public space adjacent to the exit balcony the Build ing Code requir ed me to disapprove the use of the exit balcony for a required exi t This area consists of offices and light indu strial facilities Area zoning is I-1 zoning, which is primarily ligh t industria l. Mr. Terry Hill, represent i ng Gar Furlo g & Associate s of 5604 Kendall Court, Arvada, Co. 80002, stated tha the proposed building is owned by a par tnership of individuals and will be used as a warehouse . The particular warehous e space in question will be used by these owners Mr. Hill sta ed that the r equired exit canno be on the diagon al any gr eater than the di s tarce of the length of the bui lding f r om the other exit. They must locate t he required exit op posite the exiting exit to allow equal access in bot directions . This prevents the use of the front of the build ing for an exit . Ile stated that originally, the mezzanire space was designed much smaller, which would have onl y required one exit, but when they added on the additional space they became landlocked, and the only available property space was on the nor th wall . So they went ahead and put on the proposed exit on there and at that time no one gave consideration to that particular part of the Code, and it was just overlooked by the e ngineer . He stated, that after speaking with Mr. Pittman .the Building Inspector , they found that they would have to have the fire exit enclosed and o ne hour fire rated . They found several problems arising f rom this, one being tha building the enclosure would have a dam-like effect on their drainage which prevents their water from running onto the adjacent property. Therefore , they proposed the exposed fire exit rather than the concrete block enclosure since they felt there would never be a building built adjacent to that exit . This open exit would allow the water to run undernea th the stairs and slant back out to the front of the property. Mr . Leonard questioned Mr. !!ill as to whether they were in fo r med of this conflict at the time they rece ived the orgina l shell permit from the Building Depa rtment. Mr. Hill stated that when obtaining a shell permit, although the exit is shown on the drawings, the Building Dep artment is not addressing itself to the mezzan ireor any of the interior finish requirement s, only to whether or not they should be allowed to build the shell or not . Mr . Pittman discussed with the Board his position and why he had to dissap rove the proposed exit . He stated that at the time he issued the s hell permit, approval stated that all tenan t finishes would have to meet Code. At the time he told them that the balcony c ould n o t be used as a required exit, and t hey stated they were not going to concern themse lves with anythin g bu t the (2) • I • • ( • • - shell only because it was speculative whether or not thev woul d be using it or discontinuing it. It was later when the tenant decided that he needed that area when this situation transpirerl, when the enant finish permit was brought in later. Mr. Pittman stated that the Building Code required him, because of its location to th property line, to not allow an exit balcony in an unpro ect d area because there was no maintainable open space around it and there was a property line adjacent to it. He stated that it was a situation where he was required by the Code to turn it down regardless of whether there was parking either to the right or left . Mr. Bevier asked if there was any guarantee that the property adjacent would be building free in perpetuity. Mr. Pittman stated that he had no assurance from the builder that he wo uld not build out that way, bu as that adjacent property is now required parking, the builder would have to obtain the required parking elsewhere before he could use he property for building. Mr. Bevier questioned the drainage problem . Mr. Pittman stated that if they did enclose the exit, they would have an obstruction problem to their drainage. They cannot drain to the other property because it is of a higher elevation. Mr . Bevier asked if it would be possible o tile the drainage u nder the structure. Mr. Hill stated that it might be possible, but because of the con tour of the land, and the high speed of the water flow, he felt there would be a great problem with suppling sufficient iling. Mr. Oliver questioned the use of the warehouse and the neces sity of the 20 ft. height. He asked if it would be possible to flip this warehouse portion to the South side of the building. Mr. Hill stated that the warehouse would be used fo r storage of tobacco products and commercial literature which uses t he entire 20 ft. He also stated that it would be impossible to use the south side of the building for relocation of the warehous because the entir steel structure in place. Mr. Hill stated that he was asked to expr ss the owners' concern of the additional expense involv din enclosing the exit . Mr. Seymour ~otioned · To grant a variance form the 1973 Uniform Building Code , Section 3304. (i), which states Exterior balconies shall not be located in an area where openings are required to be protected due to lo cat i on on the property . ~r. Kreiling Seconded the Motion. (3) • I • • In r, • • • - Ayes : None Nays: Da wson , Le onar d, Bevier, Seymour, Kreiling, Oliver. Cormnents : Leonard stated that it does not yie ld to a condition that the adjac ent property cannot control. Kreiling stated that when erecting a shell all aspects of eventual development must be consider d including the accordance with the Building Code . Oliver stated that although it is remote, the re is a possibility that a buildin g could be placed adjacent t o the boundary line. Mr. Oliver stated that a vote of five in favor was required to grant the variance and since the vote stood six again st , the variance was Denied. Corrections of th e spelling of the names of Mr. Carlino, Attorney, and Dr . Van Busk irk were made to the minutes of the Dec em ber 14, 1978 Board of Adjustmen t and Appeals Meeting. Motion was made and seconded to approve the corrected minutes. Upon a call o f the ro ll, a u nan imous vote occured. Chairman Oliver declared the minutes approved . Leo Clark, Assistant City Attorney, explained the copies of the v ar ious pleadings given to the Board Members concerning the a ppeal of the matter of Case No. 14-77 Littlehorn Rezoning to the District Court of Arapahoe County. There being no further business before the Board, th e meeting adjourned at 9 :30 P .M. Recording Secretary Val erie Christy • I • • n n ( • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISS ION Janua ry 17 , 1978 I. CALL TO ORDER, Sc. The regular mee t ing of the City Planning and Zoning Commiss ion was called to order at 7:05 P .M. by Chairman Judith Pierson, Members present : Ow e ns, Parker, Pierson, Smi th, Tanguma, Williams, Draper, Lathrop Wanush, Ex-officio Me mbers absent: Wade Also present : Assistant Di re ctor Romans ; Associate Planner Steve Hous e . II. APPROVAL OF MINUTES . Mrs . Pierson stated that Minutes of December 20, 1977, an d December 27, 1977, were to be considered for approval. Tanguma moved : Owens seconded: The Minutes of December 20, 1 977, be approved as written, AYES: Parker, Pi erson, Smith, Tanguma, Williams, Draper, Lathrop , Owens NAYS : None ABSENT : Wade The motion carried. Parker moved : Tanguma seconded : ' The Minutes of December 27, 1977, be approve d as writt en . AYES: Smith , Tanguma, Will ia ms, Draper, Pa rker NAYS : None AB ST AIN: Pierson, Lathrop, Owens ABSENT : Wade The motion carried. III . T.W. ANDERSON & CO , Off-Street Parking P l an CA SE #1-78 Mrs, Pierson asked t ha t the staff p r e sent the case befor e the Commission, • I • • -• - -2- Mrs. Romans tated tha t §22 ,5-5g of the Comprehensive Zoning Ordinance requires that any park ing lot for 50 or mor e cars be approved by the Planning Commission. Mr . T . W. Ander on has proposed to constr uc t a shoppette on he south 220 feet of a block bounded by U .S . 285, South Jason Street, West Ithaca Avenue, and South Huron Street . The Comp re hensive Zoning Ordinance would require 54 off-street parking spaces for th d e velopmen t, but t he applicant has propos e d a 67 space p arking lot , Mrs . Romans asked that the staff report be made a part of th e record o f this case . Mrs . Romans st ated that the staff fee l s there is no choice but t o approve the proposed parking lot layout, and has recommended approval with some conditions . Mrs . Romans stated that ther e is a utilit y e asement which runs throug h the vacated alley, an d if it becomes neces sary to relocate the poles owned by Mountain Bell, they would have to be moved at the applic a nt's e xpense . It is recommended tha t no curb cut exceed 36 feet in width at the curb line, and the a pplicant would be required to make re pairs and replacement to curb , gutters an d sidewalks to the City 's spec ifications. Mrs . Romans sta te d that the staff has made the assumption, based on t he le tter from the City Counc i l t o the State Highway Department and the Denver Regional Council of Governments, tha t U.S . 285 and West Ithaca Avenue would be developed as a one-way co upl et. It is very probable that if the tr ansition is mad e e ast of th e u nderpass that this property would be involved in the transition . Until the City or State is in a position to ac quir e the subject property, the staff is of the opinion that the property owner cannot be denied the use of the land . The staff does recommend that the Commission write to City Council and notify them of the proposed d evel opm ent, a nd suggest that the Highway D partment b e urged to design the one-way couplet s o that th City will know what property is actua lly involved. Mrs . Romans stated that the sta ff has prepared a draft of such a letter for th c onsideration o f the Commission. Mrs . Romans stated t hat d r. Anderson is represented at the meeting by a n 11l·esen tati"e of Miles Lantz Architectural firm. Mr. '3oggio Milos Lantz Architec ts -stated that their proposed parking ~lans show two 4ti foot curb cuts , which are in con.t li ct w it h the maximum 36 f oot cut proposed by the staff. Mr. Bo ggio stated that these curb cuts could be reduced to 36 feet if necessary, He stated that they are in contact with the utility companies; the proposed building eucroaches two feet into the easement . They can encroach on the easement if they clear the existing lines by a minimum of six feet , which they do. He stated that he did not feel this would present any problem. Mr . Smith ask e d i f Mr. Boggio was aware of the proposed one - way couple t th at has been proposed on U.S. 285 and Ithaca • ) I • ( • • - -3 - Avenue? Mr. Bo ggio stated that h e i s aware of the propo sa l, but that they "have no choice but to do th is proposed parking layout and shoppette ." Mr. Boggio stated that discuss ion on the proposed one-way c ou plet has been "g oing on over a year ", and if the coupl e t is approved, "they will just have to purchase the property f rom Mr. Anderson ." Mr . Bog gio stated that it :is the developer's hope that i f the couple t g oes through , it will t ake only a corner o f the off-street parking a rea a nd not the entire development . Mr . Boggio stated that the y had r evised t he plans upon being informed of the proposed one-way coupl et ; the building s had originally been proposed on the Ith aca Avenu fro~t age and they have now r e located the proposed build in~s Lo the north. Mrs . Pierson asked when the applicant would propose to begin c onstruction on the proposed shoppette? Mr. Bog gio stat ed they hoped to begin construction within three months time; the construction dr awings are approximately h a lf done. Mr. Parke r stated that in driving by the site t o view it , he didn't think the one-way couple t transition wo uld affect the buildings. Mr . Wa nush stated that he felt thi s would b e imposs ible to de termine at this point in time . There a re no designs on the propose d couplet a nd it would be difficult to say whether o r not t h e site would be aff ected. Mr. Wanush stated t h at the staff feels that the possibility t he site wi ll be affected by the one-way couplet must be considered, b ut t h ere is n o basis for denying the approva l a t this time becaus e o f the lack of desi gn f or the coupl et. Mrs. Pierson asked if she was c orrect in understa nd ing that the proposed use could be constructed a nd would not be before the Co mmiss ion if there were less th an 50 o ff-street parking spaces in the plan? Mr. Wanush stated that th is is c o rrect . Mr. Boggio stated that he has been in contact wi th tj1e S ta t e Highw ay Department regar ding the one-way couplet , He s aid that he found tha t they "haven't sat d ow n at the drawing b oard on this", and ar e at least two years away from implementation . He was told tha t the Highway Department would try to work around existing buildings as much as possible if it was deter- mined the tra n sition would extend onto the subjec t property . Mr. Boggio stated that by setting their proposed buildings back from West Ithaca Avenue, "we gave them a pie ce of property to work with ." He stated that the applicant would not want to see the bui ld ings demolished af ter only two o r t h ree yea r~ Mr. Smith stated that he und rst ood throug hout the di scuss ions on the one-way couplet th a t the City ha d a 60 foot right-of-way. Mrs. Romans stated that the City does hav e a 60 fo ot right-of- way on West Ithaca Avenue , but not for the transition fr om U .S. 285 to I thaca. Mr . Wa nush caut ioned tha t more than the 60 f oot rig ht-of-way may be required on Wes t Ithaca Avenue, also , to carry the proj cted tr a ffic safely • • ) I • • • - -4- Mrs . Pi er son asked if the Commission could require , as a con- dition to approval, that the landscaping be installed as shown on the propo ed parking layout? Mr. Wanush stated that if the park ing plan were approved, and it includes the landscaping, he would say that the Commission could require the landscaping as shown on the approved plan. Mr . Boggio stated that the de- VE'l o P"S "intend o do everyth ing shown on the plans in terms ol landscaping ." Parker moved: Draper seconded: The Planning Co mm ission appro ve the off-street parking plan submitted by T. W. Anderson for the following described property : The south 20 feet of Lot 8 , Lots 9 thru 24, inclusive, and the south 20 feet of Lot 25, Block 6, Englewood Subdivision , Arapahoe County, Colorado. This approval is subJ ct to the fol lo wing conditions. 1. If required to do so by Mountain Bell, the developer must relocate the ex i sting telephone service lines at his ex-pense . 2. o curb cut sha ll be more than 36 feet at the curb line. 3 . Th e deve lo per must make the f ollowing repairs or replace-ments : a , Replace any ex isting curb cuts that are not part o f the e ntrance /exit plan with six-inch vertical curb a nd g utt er. b. Repl ace any e xisting sidewalk that does not conform to Ci ty specifications at the tim e of development . c. Repair the existing curb and gutter at the radius of Sou th Jason Street and We st I t haca Avenue. 4. Landscaping of the parking lot shall be implemented as shown on the approve d parking plan dated December 1 5, 1977. Discussion ensu d . Mr. ~anguma stated that in looking at the sit; :in d th e oft-s tree t p :>r king l a mt , it ·v ould appear that to get a good transit ion from U.S. 285 to West Ithaca Avenue, it W<. u, vi. __ , ,1qu , i; a )!\)I Li.on of th~ corne r of the lot, H su g- gested il the structure were moved back t o Ithaca the chances of the Hig hway Department taking the building "would be nil ." He stated that he didn't think the transition could be a sharp tur n, b ut rather a "wide, sweeping" transition, Mrs . Romans pointed out that we don't know what the design plan of t he transition is yet, and that it is muc h more likely that the State Highway Department will require the entire site than just a small corner. • D I ( • • - -5 - Mr. Owens s t ated that the problem is that the staff a nd Co mmission are "guessing what is going to happen" a s far as th e transit i on and design plans are concerned. He stated that as far a s h e could see, the Commission would just have to approve the off- street plan as it is presented, and deal with the matter o f the one-way couplet transition later on. Further discussion ensued. Mr. Smith stated that Council has recommended to the Council of Governments and t o the Highway Department that U.S. 285 and West Ithaca Avenue be considered as a one-way couplet ; bu t right n ow everythi ng is speculative a s to what will happe n. The State Highway Department will proba b ly loo k at the entire interchange if they are going to redo it, and ii the e ntire site is taken for the transition, "Mr. Anderson wi ll mak e money ." Mr. Wanush stated that there are some preliminary plans being draw n on South Santa Fe Drive . He sta ted he understood that the State is attempting to design a new i nter change f o r the Santa Fe/U.S. 285 interchange t o the west of the existin g move- ment, but this is part of the Santa Fe Drive improvement . Any turn fr om U .S . 285 would most likely be to the east of the underpass. Mr. Wanush stated that COG is the regional planning agency for transportation funds , There is estimated t o be approximate l y $60,000,000 in funds remaining after the improve - ments to South Santa Fe Driv e , Kipling a nd County Line Road from the I-470 transfer of funds, and local jur isdictions are be ing aske d to submit projects for the use of the remain ing $60,000,000. Mr. Wanush sta te d that he fe lt certain the one- way couplet would be the Ci ty's number one priority f o r these funds , Further discussion ensu ed . Th e vot e wa s c alled on the motion : AYES: Smith, Tanguma, Draper, Lathrop, Ow ens, Parker, Pierson NAYS : Williams ABS ENT: Wad e Th e mo tio n carried . I V. DIRECTOR 'S CHOICE. Mr . Wa nu sh stated that t h e st a ff has prepared a dr a ft letter fo r the con si d e ratio n o f the Commission regarding th e p r oposed developme nt b y Mr. T . W. Anderson . The proposed letter would re q u est t hat C i t y Council ask that the desig n fo r the U.S. 285- West I th aca Avenue on e -way c ouplet be accomp lish e d wi t h all du e h as t e , Copies o f the letter were pr esented to the Com-mission for th e i r consideration . Don Smith suggested th a t possibly the staf f could check with t he Ci t y Attorney on the possibility of a short-term mor a torium on developmen t along the are a o f the couplet and t r ansition • • I • • • • • - -6- This short-term postponement of development could give an opportunity to get some thi ng back from DRCOG a nd the State Highway Department on the design. Discussion ensued. Mr. Williams stated that he felt the Comm iss ion's approval of the proposed parking plan was contrary to what the Comm ission and City Counci l have determined is needed for the mo vement of traffic. He noted that let ters have been written to the State Highway Departmen t and the Counc il of Governments on the one-way couplet o f U.S. 285 and West Ithaca Avenue ; he felt there should ha ve bee n further consideration before the request from Mr . Anderson was approved . Mr . Wanush noted that there were other a r eas in t own where similar activity is g oing on, but pro perty owners can build whatever t hey want ; h e st a t e d there is no legal way to prevent development withou t purchasing the land . Mr . Draper stated that he felt the City could be subject t o suit if the pro p erty owner were to be deni ed t h e use of his land without a c oncrete basis for doing so . Mr. S mith stated that he felt there was no l ega l way the Com- mission could n o t approve the proposed parking plan . He stated that h e did feel that a moratorium could be imposed on future developments. Mr . Wanush stated that he felt 1he idea of a moratorium was a g ood s u ggestio n, and suggeste d that a paragraph suggesting a moratorium could be added to the suggested letter , or one of the Councilmen on the Comm ission could bring the matter up a t the nex t City Council meeting . Mr. Wanush stated tha t t he morat orium was not a s olution to the probl em , but he fe l t it would be good to have one of the Councilmen bring it up t o the entire Council f or consideration. Discussion ensued. Tanguma mov e d : Smi th seconded : The following letter be sent to the City Co uncil . • I • • ( • • • City of Englewood January 17, 1978 The Honorable James L. Taylor, Mayo r Membe rs of the Englewood City Council 3400 South Elati Street Eng lewood, Colorado 80110 Gentlemen : 3400 S. Ela1 , S1ree t Engle wood , Colorado 80110 Ph one (JOJ ) 761 -1140 Mr . T. W. Anderson has submitted plans to the Department o f Community Development to con stru ct a shoppet te on the southern portion of the block bounded b y U.S . 285, Sou th I nca S treet, West Ithaca Avenue and South Jason S treet. Beca use §22.5-5 g of the Comprehens ive Zoning Ordinance requires Planning Com- mission approval of any parking area which has fifty (50) o r more spaces, Mr. ftn derson 's plan has been r eferred to the Commiss ion . The Plan appears to be in order and it would seem tha t the Commission has no alternative but to approve Mr. Anderson's application. The Planning Commission is aware that on August 15 , 1977, the City Council voted to notify the State Highway Department hat the members fav or the concept of a one-way couplet between South Broadway and South Santa Fe Drive o n th prese nt align- ment of U.S. 285 and West Ithaca Avenue. ftls o, on September 16, 1977, a letter was sent over Mayor Taylor's signature to Mr. Don DeDecker, Chairman of DRCOG, re questing that DRCOG initiate whatever action is necessary to approve the u se of I-470 transfer funds for the modification of the U.S. 285 - South Broadway interchange and for the constru ction o f the one-way couplet approved on August 15 , 1977. Mr. Anderson's plans are in conflict with this action. The Commission understands that the design of the couplet is not complete, but it is assumed that all or a portion of the land on which Mr. Anderson proposes to construct the shoppette will be required for the transition of the ea tbound traffic from U.S . 285 t o West I thac a Avenue . Indeed, a letter from the District VI Engineer's office ask s that approval not be given to Mr. Anderson's request until plans have been developed for the couplet pursuant to the City Council 's formal request. The Commission is concerned, however, that such action would not be legal. • I • • • • • - -8- The Hono rable James L. Taylor, Mayor Me mb ers of the Englewood City Cou ncil January 17, 1978 Page -2- The Pl anni ng Co mmission recognizes th e inconsistency between Mr. nderson's pl ans a nd the City's plans to alleviate the traff i c conges t ion i n the vicinity of Cindere lla City and are of t he o p inion that the City Council shou l d be made aw are of this confl ict. Th e Commission urges the Council t o request that the d esign of t he one -way couplet an d the U.S. 285/S a nta Fe an d U.S . 2 8 5 /Broadway in terchanges be d rawn as soon a s possible, and th at any land required f or the construction o f the couplet be acquired be f ore new deve lo pment ta kes place which will fu rther increase the c o st of the proj ect. Judith Beggs Pierson, Chairman City Planning & Zoni ng Commission g w • I • • n C • • - -9- Further discussion ensued. Mr, Bo ggio not ed t h at th e proposed buildings wil l be solar heated ; the pay-back period o n somct hi1:ig like that is approximately 12 years. If the structure wer to b e built and torn down within t hree years, it would b e a l o ss to the developer . He st a ted they would prefer that th e pro perty be taken for t he transition now before the buildings were con- structed, Mr, Boggio stated a ga in that he had done some res earch into the possibile transition for the one-way couplet with the State Highway Department, and no plans have been drawn for the trans ition, and the individual he con f erred with at the Highwa y Department was not sure that the one-way couplet and transition was funded or would be funded. Mr, Wanush stated t hat the City of ~nclewood w j'! apply for a Portion of the $60,000,000 remaining of th e I-470 transfer funds, and that improveme nt of U .S . 285 will b e ~nglewood's number one priority ; the City will also r e~ue st improvements to other traffic arteries such as West Quincy Avenue, Sou th Clarkson Street and West Floyd Avenue. The vote on the motion was calle d : AYES: Tanguma, Willia ms , Draper, L a throp, Owe ns, P arker, Pierson , Smith NAYS: None ABSENT: Wade The motion carri ed , Mr. Wanush stated tha t the American Society o f Planni ng Off icials will hold its annual meeting in Indianapclis April 29th thru May 4th. There are funds budgeted for one Commission member and one staff member to attend this me eting. He sug- ges ted that the Commission mi g h t want to begin deliberations on the representat ion of the Commission at this meeting. Mr. Wanush stated that a special me eting of the Commission has been scheduled f or January 24th, 7:00 P.M., for the continu ation of the Public Hearing on the Rex Garrett rezoni ng request, Mr , Wanush sta ted that he hoped to present the Commiss io n wi 1h a tentative schedule for the review o f the Com prehensive Plan at that same meeting. VI . COMMISSION'S CHOICE . Ther was nothing brought up f or discussion under Commi ssion's Ch o ice . T he meetin g adjourned a t 8 :00 P.M . • I • • ·In • • • • -10- MEMORA DUM TO THE ENGLEW OOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF TlfE CITY PLANNING AND ZONING COMMISSION. DATE : January 17, 1978 SUBJECT : Of f -S treet Parking Plan RECOMMENDATION: Parker moved : Draper seconded: The Planning Co mmi ssion approve the of f - street parking plan submitted by T. W. Anderson for the following described property: The south 20 feet of Lot 8, Lo ts 9 thru 24 , inclusive, and the south 2 0 feet of Lot 25, Block 6, Englewood Subdivision, Arapaho e Co un ty, Colorado . This approval is s u bject to the fo llowing conditions: 1. If required to do so by Mountain Bell , the developer must relocate the existing telephone serv ice lines at his ex-pense. 2. No c urb cut sha ll be more than 36 feet at the c urb line. 3. The developer mus t make the followin g repair s or replace-ments : a . Replace any existing curb cuts that are n ot pa rt o f the entrance/exit plan with six-inch vertical curb and gutter . b . Rep la ce any ex isting sidewa l k that does not conform to City specifications at the time of deve lopment. c. Repair the e xisting curb an d gutter at the radius of ~ :t ~on, treet and Wes t Ithaca Ave nue. 4. Landsc api ng of the parking lo t shall be implement e d as shown on the appro ved parking plan dated December 15, 1977 . AYES: Smith, Tang uma, Draper, Lathrop, Ow ens, Parker, Pierson . '.Y~ r·· ABSENT: Wade The motion carried . By Order o f the City Planning and Zoning Commission. G~rtrude G. Welty/ I/ Recordi ng Se cret"ary • I • • • • • MINUTES COUNC I L MEETING DENVER REGI ONAL CO UNCIL O F,·GO VER NMENTS JANUARY 1 8, 197 8 Present: Tames T. Nolan, Vice-C hairman Robert F. Clement Harold V. Cook Paul Danish Mary DtLore nzo Doris D urdy Samuel T. Harpe r Ruben Hartmeister Harold T . Hodges Beth Tenkins James Lee Gary L . Lewman Margaret B . Markey Ve s ta H . Mi ller Toseph E . McCloskey Frances O lson Rodney T. Sh effe r Norman A. Sm it h Douglas P . Stanfie Id Lu Ella Terry W1111am Thornton Art h ur T. Tice Alfred W . Vit t Also Pre sent : C lty and County of Denver Te fferson County Cit y and County of Denver C ity of Bo ulde r C ity of Louisville City of Bri ghton City of Littleton City of Golden City of No rt hgle nn Cherry Hills Village City of Lakewood C ity of Wheat Ridge Boulder County City of Arv a d a C ity of Thornton To wn of Black Haw k City of Westminster C ity of Broomfield City of Sheridan City of G lend ale Town of Bo w Ma r Town of Federal Heights Greenwood Village James Collins, Alternate, City of Littleton; Sharon Carr, Alternate, City of Lakewood; Patricia Thorsber g, Metro Le a gue of Women Vot ers ; Steve Holt, SELT (URS): Thomas W. Benson, DRCOG Attorney; Barbara Williamson, RTD; John Morehead , The Denver Post; Rex Lo w ell, Cha irman, and B!ll Sievers, Vice -Chair man, DR COG Citizens Advisory Committee; Robert D . Farley, Executive Direc t or, DRCOG; and va rio us members of the DRCOG Staff . Vice-C ha irm an Nolan called t he meeting to o rder at 7:35 p.m . Roll was called and a quorum declared present . • I • • COUNCIL MINUTES JANUARY 18, 197 8 Page two • • - Council welcomed six new DR COG representatives attending t h eir first C ounc il meeting. They were: Black Hawk Mayor Frances Olson; Lakewood Councilma n James Lee; Wheat Ridge Councilman, Gary L . Lewman; Boulder Councilman, Paul Danish; Sheridan Councilman, Doug Stanfield; and Westmin ster Councilman , Rodney Sheffer. Minutes of December 21 19 77 Council on motion by Mayor Thornton, supported by Mr . Hodges, unanimously approved t he minutes of the December 21, 1 977 meeting as ma iled. Report of the Executive Committee Meeting held this date. Mr. Farley reported on various actions taken, and noted t ha t the Executive Committee selected its officers for 1978. Boulder County Comm issioner, John P. Murphy, will continue as Chairman; and Arapahoe County Commiss ioner , Charles A. Pitts, was re-elected Vice-Chairman. Report of Committees Citize ns Advisory Committee Rex Lowell, Chairman and 8111 Sievers, Vice-Chairman of the CAG for 1978, were present to report that t he committee had passed a motion urging the DRCOG Council to adopt t he TIP for 1977-78. Public Hearing on Regional Growth and Development Plan . Council on motion by Mrs , Miller, supported by Mr. Mccloskey, unanimously scheduled t he Public Hearing on the Regional Gr owth and Deve lopment Plan for February 15, 1978 at 7:30 p .m. at the Colorado Departme nt of Highways Au d itorium. The document , which includes a chapter on implementation processes, wa s developed in 1977 and has been in circulation for public comment and review since last fall . The Plan is designed to provide specific direction to local governments In making decisions on the location and rate of growth in t heir re spectlve areas. 19 78-82 Transportation Improvement Program Mr. Pampu explained that the 7 8-82 TIP had been adopted by the Transportation Committee and recommended to DRCOG Council for favorable action . The DRCOG • I • • - ( COUNCIL MINUTES JANUARY 18, 1978 Page three • • - Pr ogr am Comm ittee also recommended favorable actio n by t he Council. The docume nt i s t he basic programming document for hi ghw ay and public transit exp enditure s . The Annual Element is t he porti on of the fi ve yea r progra m which must b e adopted a n nually . It lists project s and e x pe nd itures e xpected during the n ext fisca l year . The total five year program totals a pproximately 419 millio n do lla r s in e x penditures . Council on motion by Mayor Thornton , supported by Mr. Hodges, u na nimousl y adopted Resolution o. l, 1978 . AResolutiontoAdoptthe "1978-82 Transportation Improvement Program ." (A signed copy of Resolution o. l , 19 7 8, is attached to and made a part of the file copy of these minutes .) Po licies and Procedures for I-4 70 Transfer Fund Allocation Mr . Pampu s t ated t hat in December, the Council instructed t he Program Comm ittee to s t udy this matter further. In that regard, the Program Committee and the Transporta tion Comm i ttee met on the matter and recomm ended he use of six criteria. Mayor Thornt on stated that the Program Committee voted t o recommend Council adoption of the Selection Criteria as established . Council on motion by Mrs. Miller, supported by Mr. Smith , unanimously adopted the Policies arc:! Allocation Procedures for I-4 70 Transfer Fund Allocation. Accord i ng to Mr . Pampu, between February 6, 1978 w hen all project applications must be submitted, and Fe bruary 22, 197 8, DRCOG staff will evaluate t h e projects based on approved criteria. On February 22, the Transportation Committee w!ll meet to recommend projects for t he use of the funds. By March 16, DRCOG will submit the selecte d projects to the Colorado Highw ay Department and by March 31, t he Governor will forward them to the Secr etar y of Transportation and the Co lcrado Congressional Delegation for funding. Resolution Requesting Carter /\dmlnistratlon to Seek an Appropriation to Fund Air Quality Planning Mayor Thornton stated that the Program Committee had recommended Council adoption of the Resolution, with addition of the following amendment : Change title to: A Resolution to the Presi dent and the Congress of the Un i ted States Requesting an Appropriation of Funds to Establish t h e Air • I • • - COUNCIL MINUTES JA NUARY 18, 1 978 Page four • • - Quality Planning Process Mandated by t h e Cle an Air Act Amendments of 1 977 . Insert following first "r esolved": BE IT FURTHER RESOLVE D that t he Denver Re gional Council of Governments respectfully requests t h e Congress of the Unite d S tates t o initiate and expedite an FY 197 8 appropriation of planning fund s authorized by the Clean Air Act Ame ndments of 1 977 . Council on motion by Mrs. Markey, supported by Mr . Stanfield, moved to adopt the Resolution as amended above. Council on motion by Mr. Sm ith, supported by Mrs. Jenkins, moved to amend the Resolution as follows: 5th W hereas , delete the words: "-is- e~ioi,-~-k>ce-i-e-1-ectee-oH~s-ref)t'ese11~ ~~eee~~e~f)tlf~ese~-s-ifttRe-Be11ve~ Re~ioi,-;-'Mld-1'. The motion carried unanimously. Q u e stion was called on the ma in motion to adopt Reso lution No. 2, 197 8, As Amended, A Resolution to the President and t h e Congress of t he United States Reques ting an Appropriation of Funds to Establlsh the Air Quality Planni ng Process Mandated by t h e C lean Air Act Amendments of 1 977 . (A signed copy of Resolution No. 2, 197 8 , is attac hed to and made a part of the file copy of t h ese minutes.) Report of the Nominating Committee for Election of 1 978 Cou ncil Officers Mr . Smith, Nominating Comm ittee Chairman, reported t h at the committee met on November 29, 1977 and after deliberation recommended the following nominees for 1 9 78 DRCOG officers: Chairman, Mr . Wil lia m Thornton, Mayor, Bow Mar Vi ce Chair man, Mr s . Vesta Miller, City of Arvada Secretary-Treasurer, Mr. Harold Hodges, C ity of Northglenn Nom inees have all been contacted and have .tndicated their willingnes s to serve in the above offices. In accordance wtth the Articles of Assoc.iation, nomin ations may be made from the floor, provided that the consent of the nominees is obtained in advance . Election of officers will take place at the February Council meeting in accor d ance wit h t he Articles of Association. • I • • ( COUNCIL MINUTJ:.::; JANUARY 18, 1978 Page five • • - Discuss ion of the Metro Council Is sue and Repo rt on t he S pecial Program Committee Meeting held on Ja nuary 10, 197 8 Mr . Borger d i stribut ed a revised d r aft outline of t he proposed leg i slatton wh i ch incorporates the c hanges made by the Program Committee at the special meeting held on Januar y 1 0th . Governor Lamm has placed t he i ssue on his Call specltyi ng t hat lf the Legislature approves the bill it mus t b e referred to the voters next No vember b efore it c a n become operati ve . The proposal cover s the five metro counties and Douglas. Boulder repres entatives , Commi ssioner 1aggie Markey and Bou l der Counc i lman Paul Danish , urged that Bo ulder County be de l eted . Some of the features of the proposal include a 30-member boar d , half d irectly elected and half appo i nted from locally elect ed officials; over s i ght autho rity over re g .Iona! service agencies such as RTD; an advisory o r ou p selected by local governments ; a two-tent hs mill tax levy; and a requ irement that local governments adopt a comprehensive plan which is cons J ste nt with a reqional plan. Cherry Hills ayor 5et h Jenkins r equestc ·d a li st b e made available outli nl ng wha changes woul ci be mad e by e nacting t hi s proposa l, J',t Counc il rer.uest , staff revi e wed all s p ec ific sections of the proposal and responded to questions . ) DRCOG staff is available t o ee t wit h local govern i ng bod i es to cliscuss t he proposal In de al 1. Status Report on t he C irc uit Rid er C ity Management_J)-ogr al!l Mr . Borger upda ted ( u nc:11 , noting that I n neceml:-c r, t he f irst year of the program finis hed wt !. E.:i w :\'ia r, Cherry Bi ll s a d Si erldan . The secor,d c ircuit rider manager has been 1dred and wU J comm ence w •rk on Janu ary 20 serv i ng the communities of Black Ha w k. I:ri e , and Lyons . r.lr. Bo r g er no ted that the new circuit rider, Rut !. odriqu ez , I s also a grr1duate of DRCCG ' s Minority Intern Program i n Urb ., ,d ministrat Jon . Report of t he executive Directo r Mr. Farley noted t h,:t a ood att endance is e:--pccte ci on Thursday , Jar,ua ry 26 , a t the DRCOG Ur ban Gruwt ,, Conference . The Governor has certiii8cl, w it h o;iJ Jtio s , DRC(C 's 208 Plan. Co pies of th e letter fro m the GJvernor were d i stri b uted :o C'nvr.cil and t hey were encouraged to read the conditions car efully . Mr . Farley stated that he felt DRCOG wouldn't have any pro blems responding dvorab l y t o most o f t he concerns pmvldlng fund ing were availab le to do so. Hopefully , Congress will r espond wit h an emergency ap propri atl::in . The pla n Is conditioned v,tth a requ ire ment that the Water Quality Contrc'l Comm is s ion ho l d a p ubl!c hea:-tng on th e whole ma tte r. • I • • COUNCIL MINUTES JANUA RY 18 , 1978 Page six • • • EPA then has to a c t o n the Plan whic h probably will not occur u ntil April w he n they merg e the Pl a n wit h t heir EIS done last year. Mr. Farley r emi nded Co u ncil of the two orientation sessions scheduled for Monda y, January 23 at 4 :00 p.m. and Wednesday, January 25 at 4 :00 p.m. w hich t he s taff cond ucts for the benefit of new DRCOG representatives and others to re view DRCOG programs, structure, goals , objectives, funding, etc. Th e dat e for the Annual Dinner has been set for March 15, 1978 at the Merchand ise Mart i n Adams County. Th e Executive Committee has selected the recipient o f t h e "S ixth Annual John V. Christensen Memorial Award " and the winner will be revealed that evening. Because the dinner will fall on the regular Council meeting d ate, the March Council meeting wtll be held on March 22. Within the next few weeks, staff will mail to the DRCOG representatives a lis t of advisory committees and their current appcintees thereto, along with t heir attendance records, for the purpcse of soliciting recommendations on the appoint - ment or reappointment of representatives to those committees. Adjournment. There being no further busi ness, t h e meeting adjourned at 10:30 p.m. ATTE ST: Robert D . Farley Executive D.tre ctor James J. Nolan, Vice-Chairman Denver Regional Council of Governments • I • • -• • - I NTROD UCED AS A BILL BY COUNCIL MEMB ER CL AYTON ·---- BY AUTHORITY ORDINANCE NO. _l:J__, SERIES OF _1978 s~~ AN ORDINANCE CREATING PAVING DISTRICT NO. 25 IN THE CITY OF ENGLEWOO D, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLAT ION OF STREET AND ALLEY PAVING, CURB AND GUTTER AND SIDEWALK IM- PR OVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAI D IMPROVEMENTS; PROVIDING FOR NOTICE TO CON TRACTORS AND OTHER DE TAILS. WHEREAS, the City Council of Englewood, Colorado, pu rsuant to the Charter and the Municipal Code of the City , and the Laws of the' State of Colorado, hereby finds and determines that there exists a necessity for the creation of Paving District No . 25, in the City, and the construction and installation therein ) of street and alley paving, curb and gutter and sidewalk im- provements as described here i n; and WHEREAS, as ordered by the City Council, the Director of Public Works has prepared and filed plans, specifications, maps and estimates of cost for the proposed improvements; and WHEREAS, Notice of a public hearing concerning the cr eation of the District and the construction and installation of t he imp r ovements therein has been published once a week for three consecutive weeks in the Englewood Herald -Sentinel, a newspaper of general circulati.on in the City, and in addition, a notice has been mailed, postage prepaid, to each known owner of real property within the proposed Distri ct; and WHEREAS! at the time and place set· forth in the notice, the City Council met in open session for the purpose of hearing any objections or p r otests that might be made against the proposed dist rict or the improvements to be constructed or installed; and • I • • n • - WHEREAS, the City Council has dete r mined that the f ollowing streets should be deleted from the list of st reets to b e improved: ON FROM TO East ~erst Place East side of South West side of South Pennsylvania St. Clarkson St . Alley E. of 3700 Blk. South side of East North side of East South Broadway Kenyon Ave. Lehigh Ave. Alley E. of 4000 Blk. South side of East North side of East South Broadway Nassau Ave. oxford Ave. South Washington St. South side of East North side of East Grand Ave. Belleview Ave. South Washington Circle West side of South West aide of South Washington st. Washington St. (Approx. 5010 south) (Approx." SOSO south) BE IT ORDAINED B'l THE CIT'l COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or im- provement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the , Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 25•. All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That t he engineer's reports, together with all of the details, specifi- cations, estimates, maps and schedules thereto attached, as amended, are hereby approved and adopted. Section 3. District_BoundaE.Y_. The extent of the Dis trict to be assessed for the cost of the improvements and the are a to be included within the boundary of the District, shall be al l the real property specially benefited, and fronting or abutt- ing on the streets and alleys between the termini hereafter descri bed, inclu ding the real property within one-half (1/2) blo ck of such Avenue. -2- • I • • - ( L ( • • - Section 4. Descrie.E.!_on o f Imerovement s. The ki nd of improvemen ts and th e streets and alleys on whic h such im- pro vements sha ll be constructed or installed shall be as follows: ON 1. Necessary grading and excavation, pav ing with 6" compacted gravel base course and ' 2" asphaltic concrete surface, concrete walks,. curb and gutter where not already in- stalled ; together with appurtenances and incidentals on the following streets and avenues: FROM TO East Centennial Ave. East side of South Broadway 486 feet east of the E. side of S. Broadway South Delaware St. South Fox St. Sou th Galapago St. South Huron St. East Layton Ave. East Layton Ave. West Oxf ord Ave. West Princeton Ave. East Princeton Av e . East Unio n Ave. West Wesley Ave. South side of West Eastman Ave. South side of west Cornell Ave. North side of West Oxford Ave. North side of West Princeton Ave. East side of South Lincoln St. East side of South Logan St. West side of South Inca St. West side of South Bannock St . East side of South Lincoln St. East side of South Broadway West side of South Tejon St. -3- • North side of West Floyd Ave. North side of West Dartmouth Ave. 275 feet north of N. side of w. Oxford Ave. 400 feet N. of north side of W. Princeton Ave. West side of South Sherman St. West side of South Pennsylvania St •. West side of South Fox St. East side of South Ch erok ee St. West side of South Logan St. West side of South Pennsylvania St. East side of South Zuni St. I • • .., I - ( • ON • • - 2. Necessary grading and excavation, paving with 8" compacted gravel base course and 3• asphaltic concrete surface approximately 44 feet in width, concrete walks, curb and gutter where not already installed; to- gether with , appurtenances and incidentals on the following streets and avenues: FROM TO West Bates Ave. East side of South Delaware St. East side of South Galapago St. West Cornell Ave. East side of South Shoshone St. East side of South Tejon St. ON South Shoshone 3. Necessary grading and excavation, paving with a• compacted gravel base course and 3• asphaltic concrete surface approximately 34 feet in width, 4-foot wide concrete "v• pans, together with appurtenances and incidentals on the following streets and avenues: FROM TO St. South side of West North side of Bates Ave. Cornell Ave. West South Umatilla St. South side of West North side of West Sou t h Vallejo St. South Wya ndot St. 4. Bates Ave. Dartmouth Ave. South side of West North side of West Bates Ave. Dartmouth Ave. South side of West North side of West Bates Ave. Dartmouth Ave. Necessary preparation of present surface, installation of poly-propylene fabric, overlaying of same with one-inch ·asphaltic concrete, and concrete walks, curbs, and gutters, where not presently adequate; together with appurtenances and other incidental work on the following streets and avenues: -4- • I • • r ( • • - ON TO E ast Dartmouth Circle North side· of 2100 East Dartmouth Ave. North side of 2200 East Dartmouth Ave. South Elati St. South side of West Oxford Ave. North side of West Princeton Ave. Sou th Pearl St. South side of East Stanford Ave. North side of E a st Tufts Ave. ON 5. Necessary grading and excavation, compacted subgrade, and with 6· Portland cement concrete surface, for a total overall width of fourteen feet; together with appurten- ances and other incidental work on the following alleys: FROM TO Alley E. of 4700 Blk. Sou th Broadway South side of East Union Ave. North side of East Layton Ave. Section 5. Improvements Authorized. The construction or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, approved by the City Council of the City, is hereby authorized and ordered, the material to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. Section 6. Assessment of Costs. The revised ·probable t otal c o s t of the improvements to be constructed or installed is S..!l£i 2,.S.0Jl...S i t is proposed that the City of Englewood will pay ap pr ox i mat ely $J 2 5 Li_OO t _he remainder of the cost will be assessed aga i nst the p r operty within the district and specially benefited by t he construction and installation of the improvements. The appr ox i mate share of the total cost to be assessed per front foot ag ainst any lot or tract of land -fronting or abutting on said improvements wi ll be as m9re particularly set forth in the resolu- tion passed and adopted on January 3, 1978, and which is incor- po r ated herein by specific reference. -5- • I • • C • • • • S ec tion 7. Payment of Assessments. The assessments will be due and payable without demand within thi r ty (30) days fr om and after the final publication of the Ordinance as sess i n g the whole cost of said imp roveme nts against the real p ro perty in the District. In the event any owne r of real estate shall fail to pay the whole of such apsessment against hi s o r her prope rty within said thirty (30~ days, then the whole cost of the i i mpr ovements so assessed against ·such property shall be paya ble in ten (10) equal annual installments of principal. T he f irst of s uch installments of principal sh all be due and pay ale at such time as will be determined in the assessing ordinan ce and t he rema inder of said installments shall be due and .paya ble suc - c ess ively on the same day in each year thereafter, unt il a ll a c e paid in full. The rate of interest to be paid on unp aid and deferred installments will be established by ordinance to be adopted by the City Council at a later date. Section 8. Specia l Improvement Bonds. By virtue of and pursuant to said laws and the Charter and the Municipal Code of the City, local improvement bonds of the City shall be issued for the purpose of paying for the local improvements described in this Ordinance, in an amount not to exceed the said improvements, including engineering, expenses, as provided by law. cost and expenses of legal and incidental The bonds shall be issued based upon estimates approved by the City Council, and as authorized by an Or dinance to be passed by the City Council at a l ater date . The maximum rate of intere st on special improvement bonds f o r Paving District No ·. 25, shall not exceed nine (9) per cent p e r annum. The bonds and the interest thereon shall be payable out of special a s sessments to be levied against the re al property in- cluded within the District and specially benefited by 'the im- provements to be constructed or installed. Section 9. No tice to Construction Bidders. The Mayor a nd the Director of 'Finance are h ere by auth oriz ed to adverti s e f or bids to construct s uch improvements in the time and manner r equired by the Charter of the City and by the Municipal Code, which advertisement . may run concurrently with the publication of thi s Ordinance. • I • C • • • - Se ction 1 0. General Benefits. The City Cou ncl l hereby finds and determines that the improvements proposed to be con- structed and installed will confer a special benefit upon th e p rope rty within the District and a general benefit upon the City as a whole. Sect ion 11. · SeY.!!.abil i!:t• That .if any one or more s ections or parts of this Ordinance shall be adjudged unenfor ce- 3 b l e or invalid, such judgment shall not affect, impair or inval- i d at e the remaining provisions of this Ord in ance, it being the i nt ention that the various provisions hereof are seve rable. Section 12. He~ri~. In accordance with Secti on 40 of the City Charter, the City Council shall hold a pu blic h e aring on this ordinance, b e fore final passage, at 7:30 P .H . on T uesday, February 21, 1978. Section 13. Publication _and Effect i ve Date. This Ordinance, after its final passage, shall be numbered and record- ed , and the adoption and p~blication shall be authenticated by the sign ature of th~ Mayor and the Director of Finance, ex-off ici o City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall become effective thirty (30) days after pub lica- tion following final passage. INTRODUCED AND READ This 6th day of February, 19 78 . ( S E A L ) ATTEST: Dir e ctor of Finance Mayor 1978. *FINALLY PA SSE D AND ADOPTED This 21st day of February, ( S E A L ) ATTEST: Director of Finance -7- Mayor • I • • • ( INTRODUCED AS A BILL BY COUNCIL MEMBER (!,t~---• o~-- A BILL FOR AN ORDINANCE CREATING PAVING DISTRICT NO. 25 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET AND ALLEY PAVING, CURB AND GUTTER AND SIDEWALK IM- PROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEMENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS. WHEREAS, the City Council of Englewood, Colorado, pursuant to the Charter and the Municipal Code of the City, and the Laws of the' State of Colorado, hereby finds and determines that there exists a necessity for the creation of Paving District No. 25, in the City, and the construction and installation therein of street and alley paving, curb and gutter and sidewalk im- provements as described herein; and WHEREAS, as ordered by the City Council, the Director of Public works has prepared and filed plans, specifications, maps and estimates of cost for the proposed improvements; and WHEREAS, Notice of a public hearing concerning the creation of the District and the construction and installation of the improvements therein has been published once a week for three consecutive weeks in the Englewood Herald-Sentinel, a newspaper of general circulation in the City, and in addition, a notice has been mailed, postage prepaid, to each known owner of real property within the proposed District; and WHEREAS, at the time and place set· forth in the notice, the City Council met in open session for the purpose of hearing any objections or protests that might be made against the proposed district or the improvements to be constructed or installed; and WHEREAS, the City Council has determined that the following streets should be deleted from the list of streets to be improved: ON East Amherst Place Alley E. of 3700 Blk. South Broadway Alley E. of 4000 Blk. South Broadway South Washington St. South Washington Circle FROM East side of South Pennsylvania St. South side of East Kenyon Ave. South side of East Nassau Ave. South side of East Grand Ave. West side of South Washington St. (Approx. 5010 south) • TO West side of South Clarkson St. North side of East Lehigh Ave. North side of East Oxford Ave. North side of East Belleview Ave. West aide of South Washington St. (Approx. 5050 south) I • • • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the District. That a special improvement district for the construction, installation or im- provement of the improvements hereinafter described, is hereby created and established in accordance with the Charter and the Municipal Code of the City, and the Laws of the State of Colorado, and shall be known and designated as "Paving District No. 25•. All proceedings heretofore taken and adopted in connection with the District are hereby ratified, approved and confirmed. Section 2. Engineering Plans and Specifications. That the engineer's reports, together with all of the details, specifi- cations, estimates, maps and schedules thereto attached, as amended, are hereby approved and adopted. Sect ion 3. District _Bounda~~-The extent of the District to be assessed for the cost of the improvements and the area to be included within the boundary of the District, shall be all the real property specially benefited, and fronting or abutt- ing on the streets and alleys between the termini hereafter described, including the real property within one-half (1/2) block of such Avenue. Section 4. Description_of_Improvements. The kind of improvements and the streets and alleys on which such im- provements shall be constructed or installed shall be as follows: ON 1. Necessary grading and excavation, paving with 6• compacted gravel base course and · 2" asphaltic concrete surface, concrete walks, curb and gutter where not already in- stalled; together with appurtenances and incidentals on the following streets and avenues: FROM TO East Centennial Ave. East side of South Broadway 486 feet east of the E. side of S. Broadway South Delaware St. South Fox St. South Galapago St. South Huron St. East Layton Ave. East Layton Ave. • South side of West Eastman Ave. South side of West Cornell Ave. North side of West Oxford Ave. North side of West Princeton Ave. East side of South Lincoln St. East side of South Logan St. -16 - • North side of West Floyd Ave. North side of West Dartmouth Ave. 275 feet north of N. side of w. Oxford Ave. 400 feet N. of north side of W. Princeton Ave. West side of South Sherman St. West side of South Pennsylvania St. I • • • ( ON FROM TO West Oxford Ave. West side of South Inca St. West side of South Fox St. West Princeton Ave. west side of South Bannock St. East side of South Cherokee St. East Princeton Ave. East side of South Lincoln St. West side of South Logan St. E ast Union Ave. East side of South Broadway West side of South Pennsylvania St. West Wesley Ave. West side of South Tejon St. East side of South Zuni St. ON West Bates Ave. 2. Necessary grading and excavation, paving with 8" compacted gravel base course and 3" asphaltic concrete surface approximately 44 feet in width, concrete walks, curb and gutter where not already installed; to- gether with appurtenances and incidentals on the following streets and avenues: FROM East side of South Delaware St. TO East side of South Galapago St. West Cornell Ave. East side of South Shoshone St. East side of South Tejon St. ON South Shoshone 3. Necessary grading and excavation, paving with 8" compacted gravel base course and 3" asphaltic concrete surface approximately 34 feet in width, 4-foot wide concrete "V" pans, together with appurtenances and incidentals on the following streets and avenues: St. South Bates FROM side Ave. of West TO North side of West Cornell Ave. South Umatilla St. South side of West North side of West Dartmouth Ave. Bates South Vallejo St. South Bates South Wyandot St. South Bates • Ave. side Ave. side Ave. of West of West -17 - • North side of West Dartmouth Ave. North side of West Dartmouth Ave. I • • ON • 4. Necessary preparation of present surface, installation of poly-propylene fabric, overlaying of same with one-inch asphaltic concrete, and concrete walks, curbs, and gutters, where not presently adequate; together with appurtenances and other incidental work on the following streets and avenues: FROM ~as C-MSeiit~ I laee li?l3ffi s-1.-de a;ac,c:::3 e.ttt.b . -P.e1H'l9¥] HBA i. a 8t-. TO Hes:t:---9ide.:-ef-Sou~ ~lar:ltB&Al"St. East Dartmouth Circle North side of 2100 East Dartmouth Ave. South Elati St. South side of West Oxford Ave. South Pearl St. South side of East Stanford Ave. SoU"th=tiashia!le.e11·~. -S-etH.I: e ·,ile of 8e6-t ~-. -8Qutb-Washi-ngtoA 8'i.<~l~ Jles.rnidE :ot.:.soat,h waahh,,eeR Gt. (App,E-eximately 5818 1Hlol9ft) North side of 2200 East Dartmouth Ave. North side of West Princeton Ave. North side of East Tufts Ave. llerSbr::s:i de 11£ ii as~ .Be 11 -l awaA.ve __ Wcet :eii ~u,ttL. llaal,:ar !I* sq..e._t . .iiliilM»t:.ox:i ma t cly sdj~'O- ,-eolflla .IV 5. Necessary grading and excavation, compacted subgrade, and with 6" Portland cement concrete surface, for a total overall width of fourteen feet; together with appurten- ances and other incidental work on the following alleys: ON ~·· 1 B:=:o~ Seti Eli Br;;;away it.Hey lt-ofs:4-0-00"'Blaft·. -Sout'§hzft E oaflny--- Alley E. of 4700 Blk. Sou th Broadway Section 5. FROM ~1·J.~M-!,dli iiull HtiiJOII rc,e. aeoa ttA-aieb.U--if :JP .. ~ South side of East Union Ave. TO NJ L I 1 . de-of £·11e4- I eh i <J_,,,le._ Ner tit A! i..J:!• of S~t. ,-011 NM 11 JI ue. North side of East Layton Ave. Improvements Authorized. The construction or installation of the street paving, curb and gutter and sidewalk improvements in and for the District, as shown by the plans, specifications and maps thereof, approved by the City Council of the City, is hereby authorized and ordered, the material to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. -18 • • I • • - • • Section 6. Assessment of Costs. The revised probable total cost of the improvements to be constructed or installed is $_g_1'_~,,5._0Q it is proposed that the City of Englewood will pay approximately $t!J5, tf!:.._o t _he remainder of the cost will be assessed against the property within the district and specially benefited by the construction and installation of the improvements. The appr ox ima te share of the total cost to be assessed per front foot against any lot or tract of land fronting or abutting on said improvements wi ll be as more particularly set forth in the resolu- tion passed and adopted on January 3, 1978, and which is incor- porated herein by specific reference. Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) days from and after the final publication of the Ordinance assessing the whole cost of said improvements against the real property in the District. In the event any owner of real estate shall fail to pay the whole of such assessment against his or her property within said thirty (30) days, then the whole cost of the improvements so assessed against such property shall be payable in t e n (10) equal annual installments of principal. The first of such installments of principal shall be due and pay ale at such time as will be determined in the assessing ordinance and the remainder of said installments shall be due and payable suc- c essiv e ly on the same day in each year thereafter, until all are paid in full. The rate of interest to be paid on unpaid and ' deferred installments will be established by ordinance to be adopted by the City Council at a later date. ) Section 8. Special Improvement Bonds. By virtue of and pursuant to said laws and the Charter and the Municipal Code of the City, local improvement bonds of the City shall be issued for the purpose of paying for the local improvements described in this Ordinance, in an amount not to exceed the cost and expenses of said improvements, including engineering, legal and incidental expenses, as provided by law. The bonds shall be issued based upon estimates approved by the City Council, and as authorized by an Ordinance to be passed by the City Council at a later date. The maxim~m rate of interest on special improvement bonds for Paving District No. 25, shall not exceed nine (9) per cent per annum. The bonds and the interest thereon shall be payable out of special assessments to be levied against the real property in- cluded within the District and specially benefited by the im- provements to be constructed or installed. Section 9. Notice to Construction Bidders. The Mayor and the Director of ·Finance are hereby authorized to advertise for bids to construct such improvements in the time and manner required by the Charter of the City and by the Municipal Code, which advertisement . may run concurrently with the publication of this Ordinance. -19 - • I • • • • ( Section 10. General Benefits. The City Counc'il hereby finds and determines that the improvements proposed to be con- structed and i nstalled will confer a special benefit upon the property within the District and a general benefit upon the City as a whole. Section 11. Se~~£abi!i ~~-That if any one or more sections or parts of this Ordinance shall be adjudged unenforce- able or invalid, such judgment shall not affect, impair or inval- idate the remaining provisions of this Ordinance, it being the intention that the various provisions her e of are severable. Section 12. He~ri!:!_9.· In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, at 7:30 P.M. on Tuesday, February 21, 1978. Sect ion 13. Publication _and Effective 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 City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall become effective thirty (30) days after publica- tion following final passage. INTRODUCED AND READ This 6th day of February, 1978. ( S E A L ) ATTEST.: Director of Finance Mayor *FINALLY PASSED AND ADOPTED This 21st day of February, 1978. ( S E A L ) ATTEST: Director of Finance Mayor *The following to be omitted from publication following first reading and to be inserted in the publication following' final passage.) -20 - • I • • • • ( It was thereupon moved by Council Member and seconded by Council Member that the foregoing Bill for an Ordinance, read in full at this meeting as aforesaid, be passed on first reading, and shall be considered for second reading and final passage at a regular meeting of the City Council to be held on Tuesday, the 21st day of February, 1978. The question being upon the adoption of the motion, the roll was called with the following result: This 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 Those voting 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, after consideration of other matters, the meeting was adjourned. ( S E A L ) ATTEST: Director of Finance Mayor -21 - I . - • STATE OF COLORADO COUNTY OF ARAPAHOE CITY OF ENGLEWOOD ) ) ) ss. ) ) • I, William D. James, Director of Finance of the City of Englewood, Colorado, do hereby certify that the foregoing pages numbered 14 to 21, inclusive, constitute a true and correct copy of 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 Monday, the 6th day of February, 1978, insofar as said proceedings relate to a Bill for an Ordinance, concerning the creation of Paving District No. 25, a co·py of which is therein set forth; that the copy is a true and correct copy of the original thereof, as adopted at said meeting. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the City, -at Englewood, Colorado, this~~ day of February, 1978. (SEAL) Director of Finance ex-officio City Clerk-Treasurer -22 - • I • • • • • - INTROD UCED AS A BILL BY COUNCILMAN SMITH . BY AUTHORITY ORDINANCE NO.~, SERIES ?F 19:B. AN ORDINANCE APPROVING A CONTRA~F~F REAL ESTATE WHEREBY THE CITY OF ENGLEWOOD, COLORAD O SHALL GRANT CERTAIN PROPERTY TO THE ESTATE OF K. C , E NSOR AND THE ESTATE OF K. C. ENSO R SHALL GRANT CERTA IN PROPERTY TO THE CITY OF ENGLEWOOD, COLORADO FOR USE AS A PUMP ING STATION. WHEREAS, the City of Englewood, Colorado is desirous and in need of const ruc ting a raw water pumping stat ion o n property owned by the Estate of K. c. Ensor for the purpose of transporting water from the City Ditch to the McLellan Reservoir; and WHEREAS, the Estate of K . C. Ensor is desirous of ex- changing the p roperty needed by the City of Englewood, Colorado for a parcel of property presently owned by the City of Englewood, Colorado; and WHEREAS, a certain parcel of property owned by the City of Englewood, Colorado is unneeded and useless to the City of Englewood, Colorado as a raw wa te r pumping ~tation; and WHEREAS, the value o f the prop erty to be exchanged is approx ima tely equivalent. NOW, THEREFO RE, BE IT ORD AINED BY THE CITY COUNCI L OF THE CITY OF ENGLEWOOD, COLORAIX), AS FOLLOWS: Section l. That the City of Englewood , Colo r ado and the Estate of X. C. Ensor shall enter into a contract, i d entified a s Exhibit "A", titled "Contract to Exchange Real Estate" wh ich is at tached hereto , consist i ng of twelve (12) type- written pages and is incorporated by reference herein, said instrument providing as follows: 1. That the City of Englewood , Colorado shall grant to the Estate of K. C. Ensor by Warranty Deed with excep- tions property as described in Exhibit "B " which reads as follows: • I • ( • • • A tract of ground containing 1.24 acres, more or less, located in the SE 1/4 of Section 31, Township 5 South Range 68 West of the 6th P.M., in Arapahoe County, State of Colorado, des-cri bed as follows: Beginning at the Southea s t corner of Section 31, Townships South, Range 68 West of the 6th P.M.; thence 0°31'00 " East along the East line of said Section 31, on a true bearing, a distance of 2147.8 feet; thence South 84°50'23" West a distance of 399.5 feet; thence South 2°21'37" East a dis- t ance of 217.0 feet to the point of beginn ing; thence North 89°29'00" West a distance of 290.0 feet; thence South 0°31'0 0" West a distance of 170.0 feet; thence South 89°29'00" East a distance of 320.0 feet; thence North 0°31'00" East a distance of 170.0 feet; thence North 89°29'00" West a distance of 30.0 feet; to the true point of beginning. All located in the SE 1/4 of Section 31, Township 5 South, Range 68 West of the 6th P.M., Arapahoe County, State of Colorado. 2. That the City of Englewood, Colorado shall grant t o the Estate of K. C. Ensor substantially the same property as previously described but said property to be granted by Quit Claim Deed for the purposes of clearing title as shown on Exhibit "C". 3. That the Estate of K. c. Ensor shall grant to the City of Englewood, Colorado prope rty as described on Exhibit "D" which reads as follows: A par t of the SW 1/4 of Section 32, Township 5 South, Range 68 West of the 6th P.M., Arapahoe County , State of Colorado, described as follows: Beginning at the Southwest corner of the NW 1/4 of the SW 1/4 of said Section 32; thence North 89°26'49" East along the South line of the NW 1/4 of the SW 1/4 of said Section 32, a distance of 483.43 feet; thence North 0°31'31" West 732.37 feet; thence South 81°15'31" East 522.00 feet; thence South 72°49'31" East 513.00 feet to a point on the Westerly right of way line of State Highway 85; thence North 21°11' East along the Westerly right of way line of State Highway 85 a distance of 649.76 feet; thence North 87°14'51" West 124.97 feet to the true point of beginning; thence South 21°37'49" West 100.0 feet; thence South 68°22'11" East 41.0 feet to the centerline of City Ditch; thence Northeasterly along the centerline of the City Ditch 102.0 feet; thence North 68°22'11" West a dis- tance of 50.0 feet to the point of beginning, except the Ely. 25' thereof, which is existing City Ditch R.O.W. Said parcel contains 0.047 Acres±· -2- • I • n ( • (r • • • • 4. That the City of Englewood, Colorado shall ret a in ·an easement over certain portions of that property granted to the Estate of K. C. Ensor. s. That the equipment contained within the pumphouse on the property to be granted to the Estate of K. C. Ensor shall remain the property of the City of Englewood, Colorado subject to removal upon written notice to the City of Englewood, Colorado. 6. That each of the parties shall pay for the cost of title insurance on property to be received by them. 7. That each of the parties shall grant free and clear title to the other. • 8. That closing shall be within Sixty (60) days of the effective date of this Ordinance or Ninety (90) days subject to extension, should there be a defect in the title of either party upon approval of the grantee of said property. 9. That the City of Englewood, Colorado shall have an easement over the property of the Estate of K. C. Ensor for convenient access to the parcel described i n Exhibit "D" until written notice is given of termination. Section 2. The City Council of th~ City of Englewood, Colorado hereby authorizes the Mayor of the City of Englewood, Colorado , to the City Council of the City of Englewood, Colorado and the Director of Finance, ex officio City Clerk-Treasurer, atte st the same and execute the Warranty Deed and Quit Cl a im Deed, as well as the contract to exchange property and any othe r d o cuments necessary to perfect title i n the Es tate of K. C. Ensor, and furthermo re, those documents necess ary to receive that property to be granted by the E state of K. c. Ensor t o the City of Englewood, Colorado . Introduced, read in full and passed on first reading on the 6th day of Feb ., 1978 . Published as Bill for an Ordinance on the 8th day of Feb . , 1978 . -3- • I • - ( • • • • • Read by title and passed on final reading on the day of February, 1978. Publ ished by title as Ordinance No. , Series of 1978, on the day of February, 1~9~7~8-.~ MAYOR ATTEST: ex officio City Clerk-Treasurer I, Will iam D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title, as Ordinance No. , Series of 1978. ex officio City Clerk-Treasurer -4- • I • - ( • • • - 6J MEMORANDUM TO: Rick DeWitt, Assistant City Attorney FROM: Stewart Fonda, Director of Utilities FEB 1 3 i97 8 t> -;, '-' DATE: February 13, 1978 SUBJECT: K.C. Ensor Land Exchange :-Cit y of [11 8:Cw ood >., \ Cit/ e:torn~Y ' -"), e. v>/nx~ This memorandum is a reply to your request for infonnation as to the value of the two tracts of land involved in the proposed trade between the City and K.C. Ensor . Acc ording to his memo to the City Attorney dated Nove mber 16, 1976, Charle s Carroll negotiated for the trade in accordance with a reques t from the City Manager. In a subsequent memo to you dated December 8, 1976, Mr . Carroll indicated that there was an economic disparity between the values of the two tracts. His primary considerat i on, according to the memo, was to secure the land so that the City could apply for Federal assistance on the construction of the pump stat ion. As to the value of the two pieces of land, it would appear rea sonable to assume that the 1.24 acre parcel with an empty pump house, to be received by Ensor, is more valuable than the .047 acre parcel to be received by the City. Without an appraisal of the two tracts of land, it would be improper for me to attempt to speculate as to the magnitude of the disparity. It sho uld be noted at this point that ttte dollar value of the properties in question may be overshadowed by other considerations. Mr . Carroll had estimated the dispa ri ty to be about $3,900 in his memo of December 8, 1976. Using this amount for illustrat i ve purposes, several observations can be ma de . First, a condemnation suit mi ght result in a high cost to the City for the .04 7 acre t ract. We would retain the l.24acre tract if we con- demned the .047 acre tract, but it is of little or no value to the City. In addition the City urgently needs to begin construction of the Mclellan Pu mp Station. Without the pump station there is no finn method for filling Mclellan Re servo ir. The City presently has a corrrnitment to lease Mclellan water to Thornton for $200,000 per year. Any wate r in the r eservoir not corrrni tted to Thornton may be used or so ld by Englewood. Leases can be written on a one year basis with the Ground Water Appropriators of the South Platte {GASP). Recently GASP agreements have resulted in corrrnit- ments for about 1,000 acre feet of water at $10 per acre foot, netting $10,000 in reven ues for the City. GASP pays the City $10,000 whether it actually uses the water or not . • I • • (( • • Memorandum to Rick De Witt February 13, 1978 Page 2 • • • With potential losses of revenues greater than the value of the l and in question, it would appear to be prudent for the City to approve the trade so that the construction of the pump station may proceed as quickly as possible. It is already questionable whether the pump station will be completed in time to be of any use in refilling the reservoir this year. Nevertheless, every effort should be made to get the pump station on line this sunme r to insure our ability to refill the reservoir. If we a re able to use the Highline Canal for transfer of th e Ranch Cr eek water to the Reservoir or if Thornton or GASP do not make demands on the reservo ir, the pump station may not be needed this year. The Highline Can al cannot be counted upon for the transfer since it is only useful to Engle wo od when De nver is runn ing other wa er and this doesn't happen every ye ar for a sufficient period to transfer all of Engle wood's Ranch Creek yi elds . For the above reasons, I would recommend that Cou nci l approve the trade. The City could stand to lose more in raw water sales than it wou ld benefit by direct purchase of the land and in my opinion the risk is not worth it. Stewart H. Fonda SHF/kr cc: Andy Mccown Kells Waggoner File I • • - (( ' f ( ( • • • • MEMORANDUM TO: Rick DeWitt, Assistant City Attorney FROM: Stewart Fonda, Director of Utilities DATE: February 13, 1978 SUBJECT : K.C. Ensor Land Exchange This memorandum is a reply to your request for information as to the value of the two tracts of land inv olved in t he pro posed t ra de between the City and K.C. En s or. According to hi s memo to the City Att or ne y dated November 16, 1976, Charles Carroll neg ot ia ted for the trade in acc or da nce wit h a requ es t from the City Manager. In a subsequent memo to you date d December 8, 1976, Mr . Carroll indicated that there was an economic disparity between the value s of the two tracts. His primary consideration, according to the memo, was to secu re the land so that the City could apply for Federal ass i stance on the cons truction of the pump station. As to the value of the two pieces of land, it would a ppear reasonable to assume t hat the 1.24 acre parcel wi t h an empty pum p house, to be received by Ens or, i s more valuable than the .04 7 acre parcel to be rece i ved by the Ci t y . Wit hout an appr a i s a l of the two trac ts of land, i t would be improper for me to attem pt to s pecul ate as to the magn i tude of the di sparity. I t shou ld be noted at this point t hat the doll ar value of the propert i es i n ques tion may be overshadowe d by ot her con side r ations . Mr. Carrol l had es t ima ted t he disparity to be a bout $3,90 0 i n hi s memo of December 8, 19 76. Using this amount for i llustra ti ve purpose s , s everal observations can be made . Fi rst, a condemnation suit mi ght re su lt i n a high cost to the City for the .047 ac re tract . We would r eta in the 1.24 acre tract if we con- demned t he .047 acre tract, but it· is of litt le or no value to the City . In addi t i on t he City urgen tly nee ds t o begin construction of the Mclellan Pump St ation . Wit hou t t he pu mp s tat i on there i s no firm method for f i l l ing Mcl el l an Re s e rvoir . The Ci ty pre sently ha s a colTlllitment to lease Mcle l lan water to Thornt on for $2 00,000 pe r yea r. Any water in the r eservoir not colTllli tted to Tho rn ton may be used or sold by Englewood. Leases can be written on a one year ba sis with the Ground Water Appropriators of the So uth Pl atte (GASP). Recently GASP agreements have resulted i n co ll1ll it- ments fo r about 1,000 acre feet of wa te r at $10 per acre foot, nett i ng $10,000 in rev enues f or the City. GASP pa ys the Ci t y $10,000 whe t he r i t actually uses the wa ter or not. • I • • - ,( • ( • Memorandum to Ri ck DeWitt February 13, 19 78 Page 2 • • • With potential losses of revenues gr eate r than the value of the land in question , it would appear to be prudent for the City to approve the trade so that the con s truc t i on of the pump station may proceed as quickly as possible. It is already questionable whether the pump station will be completed in time to be of any use i n refill in g the reservo ir this year. Nevertheless, every effort should be made to ge t the pump station on line this s ummer to insure ou r ability to refill the reservoir. If we are able to use the Highline Canal for transfer of the Ran ch Creek water to the Re servoir or if Thornt on or GASP do not make de ma nd s on the reservoir, t he pump station may not be need ed this year . The Highline Canal cannot be counted upon for the transfer since it is only useful to Englewood when Denver is running other water and this doesn't happen every year for a sufficient per iod to transfer all of Englewood's Ra nch Creek y ields. For the above reason s, I would reconmend that Council a pprove the trade. The City could stand to lose more in raw wa t er sales than it woul d benefit by direct purchase of the land and i n my op i nion the risk is not worth it. Stewar t H. Fonda SHF/kr cc: Andy Mccown Ke lls Waggoner File I • • -.. ( ( • • • - MEMORANDUM TO: Rick DeWitt, Assistan t City Attorney FROM: Stewart Fonda, Director of Utilities DATE: February 13, 1978 SUBJECT: K.C. Ensor Land Exchange This memorandum is a reply to your request for information as to the value of the two tracts of land involved in the proposed trade between the City and K.C. Enso r. According to his memo to the City At torney dated Novem ber 16, 1976, Charles Carroll negotiated for the trade in accorda nce with a request from the City Manager. In a subsequent memo to you dated December 8, 1976, Mr. Carroll indicated that there was an economic disparity betwee n the val ues of the two tracts . His primary consideration, according to the memo, wa s to secure the land so that the City could apply for Federal assistance on the construction of the pump station. As to the value of the two pieces of l and, it would appear reasonable to assume that the 1.24 acre parcel with an empty pump house , to be receiv ed by Ensor, is more va luable than the .047 acre parcel to be recei ved by the City. Wit hout an appraisal of the two tracts of land, it would be impro per for me to attempt t o specula te as to the magnitude of the disparity. It should be noted at this po i nt that the dollar value of the properties i n question ma y be overshadowed by ot her considerations. Mr . Carroll had estimated the disparity to be about $3,900 in his memo of December 8, 1976 . Usi ng th is amount for illustrative purposes, several ob servation s can be made. First, a condemnat i on suit mi ght result i n a high co st to the Ci ty for t he .047 acre tract . We would retain the 1.24 acre t ract if we con- demned the .047 acre tract, but it is of li ttl e or no value to the City. In addition the City urgently needs to beg in construction of the Mclellan Pu mp Station. Without t he pump station there is no firm method for filling Mclellan Reser voir. The City presently has a corrmitment t o lease Mcle ll an water to Thornton for $200,000 per year. Any water in the rese rvo i r not corrmitt ed to Thornton may be used or so ld by Englewood. Leas es can be written on a one year basis with the Ground Water Appropriators of the South Platte (GASP). Recently GASP agreements have resulted in commit- ments for about 1,000 acre feet of water at $10 per acre foot, netting $10,000 in revenues for the City. GASP pays the Ci y $10,000 whethe r it actually uses the water or not . ) I • • n . , ( • Memorandum to Ri ck DeWitt February 13, 1978 Pag e 2 • • • With potential losses of revenues greater than the value of the land in question, it would appear to be prudent for the Ci ty to approve the trade so that the construction of the pump station may proceed as quickly as possible. It is already questionable whether the pump station will be completed i n time to be of any use in refilling the reservoir this year. Nevertheless, every effort shoul d be made to get the pump station on line this surrrner to insure our ability to refill the reservoir. If we are able to use the Highline Canal for transfer of the Ranch Creek water to the Rese r voir or if Tho rnton or GASP do not make demands on the reservoir, the pump stati on may not be needed this year. The Highl ine Canal cannot be counted upon for the t ra nsfer since it is only useful to En glewood when Denver is running other water and this doesn't happen every year for a suffi c ient peri od to transfer all of Englewood's Ranch Creek yields. For the above reasons, I would recommend that Council approve the trade. The City could stand to lose more in raw water sales than it would benefit by direct purchase of the land and in my opinion the ri sk is not worth it . Stewart H. Fonda SH F/kr cc: And y Mccown Ke 11 s Wag goner File • , I • • ( • • • • INTROD UC ED AS A BILL BY COU NCI LMAN --'~=-~~---'-)~~~ A BILL FOR AMENDING SECTION 8, CHAPTER 3, TITLE V OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO 'PROMOTIONS' WITHIN THE CLASSIFIED SERVICE OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO as follows: Se c tion 1. That Section 8, Chapter 3, Title V of the 1969 Englewood Municipal Code is hereby amended to read as follows: 5-3-8: (a) (b) (c) PROMOTIONS Competitive examinations for positions above the entrance level shall be open to ether QUALIFIED city employees, and the final score of each applicant shall i nclude appropriate considerati ons of the applicant's qualificati ons, record of p e rformance and s e n i ority with the City. SAID PROMOTED CITY EMPLOYEE SHALL RECEIVE A MINIMJM OOE STEP INCREASE IN PAY AND SERVE A TWE LVE (12) MONTH PROBATIONARY PERIOD IN THE NEW POSITION; PROVIDED, HOWEVER, THAT AFTER HAVING SATISFACTORILY SERVED IN SAID NEW POSITION FOR A PERIOD OF AT LEAST SIX (6) MONTHS, THE HEAD OF THE DEPARTMENT TO WHICH THE EMPLOYEE WAS PROMOTED MAY RECOMMEND PERMANENT STATUS IN THE NEW POSITION FOR SAID EMPLOYEE PRIOR TO THE EXPIRATION OF SAID TWELVE (12) MONTH PERIOD. SHOULD THE APPOINTING AUTHORITY AND THE CAREER SERVICE BOARD APPROVE PERMANENT STATUS FOR SAID EMPLOYEE PRIOR TO THE EXPIRATION OF SAID TWELVE (12) MONTH PROBATIONARY PERIOD, SAID EMPLOYEE SHALL BE CONSIDERED TO HAVE PERMANENT STATUS. UPON ATTAINING PERMANENT STATUS IN THE NEW POSITION, SAID EMPLOYEE SHALL RECEIVE AN ADDI- TIONAL ONE STEP INCREASE IN PAY; PROV I DED, HOWEVER, THAT SAID ADDITIONAL STEP IS AVAILABLE IN THE NEW GRADE. The r e classification of a position occupied by a permanent employee IN THE CLASSIFIED SERVICE shall not be cons i dered as a promotion. • I • • ( • • • • (d) Any permanent e mployee IN A CLASSIFIED SERVICE upon being promoted to a NEW position in the Career Service System shall have probationary status AS SET OUT ABOVE in ANY the position to which he was promoted, but shall retain permanent status in his previous classification AND MAY TRANSFER BACK OR BE RETURNED TO THAT PREVIOUS CLASSIFICATION AT ANY TIME DURING THE PROBATIONARY PERIOD. Introduced, read in full and passed at first reading on the ~~-day of , 1978. Published as a Bill for an Ordinance on the ~~day of ~~~~~~~~~~~~' 1978. 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 , 1978. ex officio City Clerk-Treasurer -2- I • • • • • ' ------------- INTRODUC ED AS A BI LL BY COUNCILMAN s VY) ; + h A BILL FOR AMENDING SECTION 8, CHAPTER 3, TITLE V OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO 'PROMOTIONS' WITHIN THE CLASSIFIED SERVICE OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO as follows: Section 1. That Section 8, Chapter 3, Title V of the 1969 Englewood Municipal Code is hereby amended to read as follows: 5-3-8: {a) {b) (c) PROMOTIONS Competitive examinations for positions above the entrance level shall be open to et~er QUALIFIED city employees, and the final score of each applicant shall include appropriate considerations of the applicant's qualifications, record of performance and s e niority with the City. SAID PROMOTED CITY EMPLOY EE SHALL RECEIVE A MINlMJM 0-.E STEP INCREASE IN PAY AND SERVE A TWELVE (12) MONTH PROBATIONARY PERIOD IN THE NEW POSITION; PROVIDED, HOWEVER, THAT AFTER HAVING SATISFACTORILY SERVED IN SAID NEW POSITION FOR A PERIOD OF AT LEAST SIX (6) MONTHS, THE HEAD OF THE DEPARTMENT TO WHICH THE EMPLOYEE WAS PROMOTED MAY RECOMMEND PERMANENT STATUS IN THE NEW POSITION FOR SAID EMPLOYEE PRIOR TO THE EXPIRATION OF SAID TWELVE (12) MONTH PERIOD. SHOULD THE APPOINTING AUTHORITY AND THE CAREER SERVICE BOARD APPROVE PERMANENT STATUS FOR SAID EMPLOYEE PRIOR TO THE EXPIRATION OF SAID TWELVE (12) MONTH PROBATIONARY PERIOD, SAID EMPLOYEE SHALL BE CONSIDERED TO HAVE PERMANENT STATUS. UPON ATTAINING PERMANENT STATUS IN THE NEW POSITION, SAID EMPLOYEE SHALL RECEIVE AN ADDI- TIONAL ONE STEP INCREASE IN PAY; PROVIDED, HOWEVER, THAT SAID ADDITIONAL STEP IS AVAILABLE IN THE NEW GRADE. The r ec lassification of a position occupied by a p e rmanent employee IN THE CLASSIFIED SERVICE shall not be considered as a promotion. • I • • • • • - INTRODUCED AS A BILL BY COUNCILMAN s VY) ; + h A BILL FOR AMENDING SECTION 8, CHAPTER 3, TITLE V OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO 'PROMOTIONS' WITHIN THE CLASSIFIED SERVICE OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO as follows: Section 1. That Section 8, Chapter 3, Title V of the 1969 Englewood Municipal Code is hereby amended to read as follows: 5-3-8: (a) (b) (c) PROMOTIONS Competitive examinations for positions above the entrance level shall be open to e~her QUALIFIED city employees, and the final score of each applicant shall include appropriate considerations of the applicant's qualifications, record of performance and seniority with the City. SAID PROMOTED CITY EMPLOYEE SHALL RECEIVE A MINJMJM CNE STEP INCREASE IN PAY AND SERVE A TWELVE (12) MONTH PROBATIONARY PERIOD IN THE NEW POSITION; PROVIDED, HOWEVER, THAT AFTER HAVING SATISFACTORILY SERVED IN SAID NEW POSITION FOR A PERIOD OF AT LEAST SIX (6) MONTHS, THE HEAD OF THE DEPARTMENT TO WHICH THE EMPLOYEE WAS PROMOTED MAY RECOMMEND PERMANENT STATUS IN THE NEW POSITION FOR SAID EMPLOYEE PRIOR TO THE EXPIRATION OF SAID TWELVE (12) MONTH PERIOD. SHOULD THE APPOINTING AUTHORITY AND THE CAREER SERVICE BOARD APPROVE PERMANENT STATUS FOR SAID EMPLOYEE PRIOR TO THE EXPIRATION OF SAID TWELVE (12) MONTH PROBATIONARY PERIOD, SAID EMPLOYEE SHALL BE CON SIDERED TO HAVE PERMANENT STATUS. UPON ATTAINING PERMANENT STATUS IN THE NEW POSITION, SAID EMPLOYEE SHALL RECEIVE AN ADDI- TIONAL ONE STEP INCREASE IN PAY; PROVIDED, HOWEVER, THAT SAID ADDITIONAL STEP IS AVAILABLE IN THE NEW GRADE. The reclassification of a position occupied by a permanent employee IN THE CLASSIFIED SERVICE shall not be considered as a promotion . • I • • - ( • • • • (d) Any pennane nt e mploy e e IN A CLASSIFIED SERVICE upon being promoted to a NEW position in the Career Service Syste m s hall have probationary status AS SET OUT ABOVE in ANY the position to which he was promoted, but shall retain pennanent status in his previous classification AND MAY TRANSFER BACK OR BE RETURNED TO THAT PREVIOUS CLASSIFICATION AT ANY TIME DURING THE PROBATIONARY PERIOD. Introduced, reaq.in full and passed at first reading on the i:J.l£!_day of 1-e.lovua.v-y , 1978. Published as a Bill for an Ordinance on theat.1~day of '19,;iar ua t y , 1918. ATTEST: ~lerk-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, r:xad in full and passed on first reading on the t}lst: day of t._uvu.,uv , 1978. I -2- • I • • .... • • • • INTRODUCE D AS A BILL BY COUNCILMAN ~~~~~~~~~ A BILL FOR AMENDING SECTION 8, CHAPTER 3, TITLE V OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO 'PROMOTIONS' WITHIN THE CLASSIFIED SERVICE OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO as follows: Section 1. That Section 8, Chapter 3, Title V of the 1969 Englewood Municipal Code is hereby amended to read as follows: 5-3-8: (a) (b) (c) PROMOTIONS Competitive examinations for positions above the entrance level shall be open to eeher QUALIFIED city employees, and the final score of each applicant shall include appropriate considerations of the applicant's qualifications, record of performance and seniority with the City. SAID PROMOTED CITY EMPLOYEE SHALL RECEIVE A MINIM..IM CNE STEP INCREASE IN PAY AND SERVE A TWELVE (12) MONTH PROBATIONARY PERIOD IN THE NEW POSITION; PROVIDED, HOWEVER, THAT AFTER HAVING SATISFACTORILY SERVED IN SAID NEW POSITION FOR A PERIOD OF AT LEAST SIX (6) MONTHS, THE HEAD OF THE DEPARTMENT TO WHICH THE EMPLOYEE WAS PROMOTED MAY RECOMMEND PERMANENT STATUS IN THE NEW POSITION FOR SAID EMPLOYEE PRIOR TO THE EXPIRATION OF SAID TWELVE (12) MONTH PERIOD. SHOULD THE APPOINTING AUTHORITY AND THE CAREER SERVJ CE BOARD APPROVE PERMANENT STATUS FOR SAID EMPLOY CE l 'RIOR TO THE EXPIRI\TION OF SAID TWELVE (12) MONT H ~R UuATIONARY PF.RTOD, SAID EMPLOYEE SHALL BE CONSIDERED TO HAVE PERMANENT STATUS. UPON ATTAININ G PERMANENT STATUS IN THE NEW POSITION, SAID EMPLOYEE SHALL RECEIVE AN ADDI- TIONAL ONE STEP INCREASE IN PAY; PROVIDED, HOWEVER, THAT SAID ADDITIONAL STEP IS AVAILABLE IN THE NEW GRADE. The reclassification of a position occupied b y a permanent employee IN THE CLASSIFIED SERVICE shall not be consider ,'tl as a promotion . • I • • - • • • • (d) Any permane nt e mploy ee IN A CLASSIFIED SERVICE upon being promoted to a NEW position in the Career Service Syste m shall have probationary status AS SET OUT ABOVE in ANY ~he position to which he was promoted, but shall retain permanent status in his previous classification AND MAY TRANSFER BACK OR BE RETURNED TO THAT PREVIOUS CLASSIFICA'rIOi-J AT ANY TIME DURING THE PROBATIONARY PERIOD. Introduced, read in full and passed at first reading on the ___ day of , 1978. Published as a Bill for an Ordinance on the __ day of ~~~~~~~~~~~~' 1978. 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 , 1978. ex officio City Clerk-Treasurer -2- • I • • In n ~- .; • • • • • INTRODUCED AS A BILL BY COUNCILMAN --------- A BILL FOR AME NDIN G S ECTION 8, CHAPTER 3, TITLE V OF THE 19 69 ENGL EWOOD MUNICIPAL CODE RELATING TO 'PROMOT I ONS' WITHIN TH E CLASSIFIED SERVICE OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO as follows: Section 1. That Section 8, Chapte r 3, Title V of the 1969 Englewood Municipal Code is h e r eby a me nded to r e ad as follows: 5-3-8: (a) (b) (c l PROMOTIONS Competitive e xaminations for positions above the entrance level shall be open to e~her QUALIFIED city employees, and the final score of each applicant shall include appropriate considerations of the applicant's qualifications, record of p er formance and sen i ority with the City. SAID PROMOTED CITY EMPLOYEE SHALL RECEIVE A MINIM..JM (NE STEP INCREASE IN PAY AND SERVE A TWELVE ( 12) MONTH PROBATIONARY PERIOD IN THE NEW POSITION; PROVIDED, HOWEVER, THAT AFTER HAVING SATISFACTORILY SERVED IN SAID NEW POSITION FOR A PERIOD OF AT LEAST SIX (6) MONTHS, THE HEAD OF THE DEPARTMENT TO WHICH THE EMPLOYEE WAS PROMOTED MAY RECOMMEND PERMANENT STATUS IN THE NEW POSITION FOR SAID EMPLOYEE PRIOR TO THE EXPIRATION OF SAID TWELVE (12) MONTH PERIOD. SHOULD THE APPOINTING AUTHORITY AND THE CAREER SERVJCE BOA RD APPROVE PERMANENT STATUS FOR SAID EMPLOY EE i'RIOR TO THE EXPIRII.TION OF SAID TWELVE (12) MONT H t'RUilATIONARY PF.RT OD, SAID EMPLOYEE SHALL BE CONSID ERED TO HAVE PE R.'1ANENT STATUS. UPON AT'rAININ G PE!lliA NENT STATUS IN THE NEW POSITION, SAID EMPLOYEE SHALL RECEIVE AN ADDI- TIONAL ONE STEP INCREASE IN PAY; PROVIDED, HOWEVER, THAT SAID ADDITIONAL STEP IS AVAILABLE IN THE NEW GRADE . The reclassification of a position occupied b y a p e rmanent employee IN THE CLASSIFIED SERVICE shall not be conside 1 ~d as a promotion . • I • • - • • • • • (d) Any permane nt employee IN A CLASSIFIED SERVICE upon being promoted to a NEW position in the Career Service System shall have probationary status AS SET OUT ABOVE in ANY ~he position to which he was promoted, but shall retain permanent status in his previous classification AND MAY TRANSFER BACK OR BE RETURNED TO THAT PREVIOUS CLASSIFICATION AT ANY TIME DURING THE PROBATIONARY PERIOD. Introduced, read in full and passed at first reading on the ___ day of , 1978. Published as a Bill for an Ordinance on the __ day of -----------~· 1978. 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 read i ng on the day of , 1978. ex officio City Clerk-Treasurer -2- • I • • n • • • - INTRODUCED AS A BILL BY COUNCILMAN --------- A BILL FO R AMENDING SEC TION 8, CHAPTE R 3, TITLE V OF THE 1969 EN GLEWOOD MUNICIPAL CO DE RELATING TO 'PRO MOTIO NS' WITHIN THE CLASSIFIED SERVICE OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO as follows: Sect i on 1. That Section 8, Chapter 3, Title V of the 1969 Englewood Muni cipal Code is h e r e by amended to read as follows: 5-3-8: (a) (b) (c) PROMO TIONS Competitive examinations for positions above the entrance level shall be open to other QUALIFIED city employees, and the final score of e ach applicant shall include appropriate c onsiderations of the appl ican t's q ualifications, record of p e rforma nc e and s eniority with the City. SAID PROMOTED CITY EMPLOYEE SHALL RECEIVE A MINIM..JM <:NE STEP INCREASE IN PAY AND SERVE A TWELVE (1 2 ) MONTH PROBATIONARY PE RIOD IN THE NEW POSITION; PROVIDED, HOWEVER, THAT AFTER HAVING SATISFACTORILY SERVED IN SAID NEW POSITION FOR A PERIOD OF AT LEAST SIX (6) MONTHS, THE HEAD OF THE DEPARTMENT TO WHICH THE EMPLOYEE WAS PROMOTED MAY RECOMMEND PERMANENT STATUS IN THE NEW POSITION FOR SAID EMPLOYEE PRIOR TO THE EXPIRATION OF SAID TWELVE (12) MONTH PERIOD. SHOULD THE APPOINTING AUTHORITY AND THE CAREER SERV JCE BOA RD APPROVE PERMANENT STATUS FOR SAID EM PLOYEE }'RIOR TO THE EXPIRl:\TION OF SAID TWEL VE (1 2 ) MONT H ~RUD ATIONARY P F.RTOD, SAI D EMPLOYEE SHALL BE CO NSIDERED TO HAVE PERMA NENT STATUS. UPON ATTAININ G PERMANENT STATUS IN THE NE W POSITION, SAID EMPLOYEE SHALL RECEIV E AN ADDI- TIONAL ONE STEP INCREASE IN PAY; PROVIDED, HOWEVER, THAT SAID ADDITIONAL STEP IS AVAILAB LE IN THE NE W GRADE . The reclassification of a position o cc upie d b y a p ermanent e mployee IN THE CLASSIFIED SERVICE shall not be conside r 0 d as a promotion . I • • - • • • • • (d) Any p e rm a n e nt e mp loy ee IN A CLASSIFI ED SE RVI CE u p o n b e ing p r omote d to a NEW position in t h e Care er Service Syste m shall have proba tionary status AS SET OUT ABOVE in ANY ~he position to which he was promoted, but shall retain permanent status in his previous classification AND MAY TRANSFER BACK OR BE RETURNED TO THAT PREVIOUS CLASSIFICATlON AT ANY TIME DURING THE PROBATIONARY PERIOD. Introduced, read in full a nd passed at first reading on the ~~-day of , 1978. Published as a Bill for an Ordinance on the ~~day of ~~~~~~~~~~~~· 1978. MAYOR ATTEST: ex officio City Clerk-Treasurer I, William D. James, do h e reby 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 , 1978. ex officio City Clerk-Treasurer -2- • I • • In n -• • • INTRODUCE D AS A BILL BY COUNCILMAN --------- A BILL FOR AMENDING SECTION 8, CHAPTER 3, TITLE V OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO 'PROMOTIONS' WITHIN THE CLASSIFIED SERVICE OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO as follows: Section 1. That Section 8, Chapter 3, Title V of the 1969 Englewood Municipal Code is hereby amended to read as follows: 5-3-8: (a) (b) (c) PROMOTIONS Competitive examinations for positions above the entrance level shall be open to e~her QUALIFIED city employees, and the final score of each applicant shall include appropriate considerations of the applicant's qualifications, record of perfor~ance and seniority with the City. SAID PROMOTED CITY EMPLOYEE SHALL RECEIVE A MINIMJM CNE STEP INCREASE IN PAY AND SERVE A TWELVE (12) MONTH PROBAT IONARY PERIOD IN THE NEW POSITION; PROVIDED, HOWEVER, THAT AFTER HAVING SATISFACTORILY SERVED IN SAID NEW POSITION FOR A PERIOD OF AT LEAST SIX (6) MONTHS, THE HEAD OF THE DEPARTMENT TO WHICH THE EMPLOYEE WAS PROMOTED MAY RECOMMEND PERMANENT STATUS IN THE NEW POSITION FOR SAID EMPLOYEE PRIOR TO THE EXPIRATION OF SAID TWELVE (12) MONTH PERIOD. SHOULD THE APPOINTING AUTHORITY AND THE CAREER SERVICE BOARD APPROVE PERMANENT STATUS FOR SAID EMPLOYEE PRIOR TO THE EXPIRATION OF SAID TWELVE (12) MONTH PROBATIONARY PERIOD, SAID EMPLOYEE SHALL BE CONSIDERED TO HAVE PERMANENT STATUS. UPON ATTAINING PERMANENT STATUS IN THE NEW POSITION, SAID EMPLOYEE SHALL RECEIVE AN ADDI- TIONAL ONE STEP INCREASE IN PAY; PROVIDED, HOWEVER, THAT SAID ADDITIONAL STEP IS AVAILABLE IN THE NEW GRADE. The reclassification of a position occupied by a permanent employee IN THE CLASSIFIED SERVICE shall not be considered as a promotion. I • • < • \ • • • • (d) An y p erma n e nt e mployee IN A CLASSIFIED SERVI CE u p on being promoted to a NEW position in the Ca r eer S e rvice Syste m shall have probationary s t atus AS SET OUT ABOVE in ANY ~he position to which he was promoted, but shall retain permanent status in his previous classification AND MAY TRANSFER BACK OR BE RETURNED TO THAT PREVIOUS CLASSIFICATION AT ANY TIME DURING THE PROBATIONARY PERIOD. Introduced, read in full and passed at first reading on the ___ day of , 1978. Published as a Bill for an Ordinance on the __ day of ~~~~~~~~~~~~-' 1978. 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 , 1978. ex officio City Clerk-Treasurer -2- • I • • In ,..., - < • • • • RESOLUT ION NO.~~~]'--~' SERIES OF 1978. RESOLUTION APPOINTING HAYDN A. SWEARINGEN, ESQ., ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD. WHEREAS, pursuant to Part II, Section 68 of the Englewood Home Rule Charter, City Council may appoint one or more Associated Judges, who shall sit at such times and upon such causes as shall be determined by the presidi ng Municipal Judge; and WHEREAS, previously hereto, other Associate Muni- cipal Judges have become unavailable as a result of the press of legal business, the City Council finds that it is necessary to appoint an Associate Judge of the Municipal Coc1rt. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1 . That Haydn A. Swearingen shall be and hereby is appointed as Asso~ial:e M1micipal Judge in and for the City of Englewood, Colorado. Said Associate Judge to serve at the pleasure o f Council or until he shall resign or otherwise be unable to serve. Section 2. That the salary of said Associate Judge shall be as heretofore established by City Council. ADOPTED AND APPROVED this 1978. MAYOR ATTEST : Ex officio 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. , Serie s of 1978. Ex Officio City Clerk-Treasurer • I • • - ( ( • • • • RESOLUTION NO._~~-' SERIES OF 1978. RESOLUTION APPOINTING HAYDN A. SWEARINGEN , ESQ., ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD. WHEREAS, pursuant to Part II, Section 68 of the Englewood Home Rule Charter, City Council may appoint one or more Associated Judges, who shall sit at such times and upon such causes as shall be determined by the presiding Municipal Judge; and WHEREAS, previously hereto, other Associate Muni- cipal Judges have become unavailable as a result of the press of legal business, the City Council finds that it is necessary to appoint an Associate Judge of the Municipal Co...irt. NOW, THERE FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. That Haydn A. Swearingen shall be and hereby i s appointed as Asso<:iate M•micipal Judge in and for the City of Englewood, Colorado. Said Associate Judge to serve at the pleasure of Council or until he shall resign or otherwise be unable to serve. Sectio'n 2. That the salary of said Associate Judge shall be as heretofore established by City Council. ADOPTED AND APPROVED this ____ day of ______ _ 1978. MAYOR ATTEST: Ex officio City Clerk-Treasurer I, Will iam 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 1978. Ex Officio City Clerk-Treasurer • I • • n n - ( ( ( • TO , Andy Mccown , City Manager • • • INTR-Ol'FICE MIMOIANDUM DATI: February 6 , 1978 FltOM: Kel l s Waggoner, Director of Public Works SUIJICT , BROADWAY SIGNAL CONTROLLER UPDATING Attached is a supplemental contract to the Master Agreement for Federal Aid-Urban Systems work. This contract is f o r updating the s ignal controllers on South Broadway from Yale to Hampden. Th ere will be another contract later to cover that portion of Broadway from U.S . 285 to Chenango . The reason for two contracts is that the south portion of Broadwa y is a State Highway and falls i n to a different ca tegory. The new controllers will allow us to go to semi-actuation at the intersections rather than the fix ed-time and should al l ow mor e t raffic through on Broadway. Br oadway would then s tay green except when there was a side street call for a change. The money for the City's shar e was encumbered at the end of 1977. ,,,;;_al, ~-e:, Kells Waggoner ,~ Direc tor of Public Works KW/lo Attach.: reduction & 3 c: B. V. Berardini , City Attorney • I • • n ( ( • M 1513(1)--FORCE ACCOUNT CONTRACT WITH THE CITY OF ENGLEWOOD FOR AN ENGI EER- I1':G AND coi:sTRlCTlON P ROJECT ON ':'H E Ff'OERAL-AID URBA N S YS TEM. BROAOl:AY - y ALE TO HA.'IPOEN CONTRACT • • • 01:PAlll ~ENCY NL\1BE R 28 00 0 0 co, fRACT ROUTING f'lil''4UR TIII S CONTRACT, nude th u ___ d Jy o r 197-. by and bctwttn the S,atc or ColorJ do for O,c u<e and bcndil or THF; STATE PEPABTHf.NT OF HIGHW .?WS • DIVI SION OF HIGHWAYS hcrtin:1ftcr ~fcrrcd lo a.s the S t:,le, and THE CITY OF ENGLEWOOD , STATE OF COLORADO hcrcinahcr rdcmd lo ai t he Local Agency or a s the Cont ractor, WHEREAS , aut hority u U1.s ll1 tht L:iw and Funds ha\c bee n bud~lcd, 1:,propri.llcd and 01hcl'\lo'i~ n11dc 1vlilablc and 3 suffi ci cnl unt-nc um~rtd bllancc thc~of n:m1iru J\'libblc for plyment in Fu nd Number -1..Q.Q!_, C/L Acco unt Jl,;umbcr ~. Contracl En cu mbr:incc Nu mber~; and WHEREA S , requi red JpproY:JI , clc.1rv1cc and coord in:ition h:u bttn accompliihcd fro m and ~ilh ;;;ppropNte •1entin: and WHEREAS , pursuant to Ti tle 23 , Uni ted Sta tes Code and the re gu la- tions promu lgated thereunder certain Federal f unds have b ee n and will in the future b e , a llocated f or t he improvement of certain route s on the d esignat ed urban system and which are n ot on any other Federal-aid system, herein a fte r referred to as the program; a nd WHEREAS , purs uant to t he afo resaid laws and regulations, r outes on the urban sy stem are e ligible t o be impro ved under the program at no cos t to the State; a nd WH EREAS , the State a nd the Local Agency have hereto fore entered into a master agreeme nt f or proJects on the Fede ral-a i d urban system, da ted the ~ l!a y of Decembe r 1 9~, hereinafter referred t o as the master agreement which is incorporated herein and made a part hereof by reference; and WHE REAS, the word ''State " a s used in this contract sha ll be synonymous with an d interchange able with the wo r d "Division" a s used in the ma s ter agreemen t; and KHEREAS, Federal-aid urban system fun ds in th e amount o f $22.200 have been mad e available for an urban sys~em project , identified a s M 1 513(1) for modification o f traffic signals on Broadwa,• from Yale to Hampden , with1n t he Local Agency 's Jurisd1c t 1on , here1nafter r eferred lo as the proJect; and ~l!IU'.!AS , the Local Agency ha s submitted in i ial design data (D.O.tl. Fon:, 46J ) , dated to the State setting forth the rt: i n pre 1 i mi nary cleta1l s, in for ma lion and estimates of cost of thJ.s project, 'which data has b een app r oved by t he State; and • I • • ( ( j ( • ,. . i , ,l I • • - WH EREAS , the matc!'ling ratio for th i s Federal-a id urban sy ~l m project is 74.00t Federa l-aid funds to 2 6.00\ LOc al Agency fu nds 1t be ing underst ood that such r a t io a?pli~s only t o such co sts a3 are eligible f or Fede ral participat io~, it b eing further understood tha t all non -participating cos ts are borne by the Local Agency a t 100 1; a n d Wf!EREAS , the Lo cal Agency ha s estimated the total cost of said work to be $JO , 000 a nd is prepared lo match said Federal-aid with i ts s h are in the amount of$~ as evi de nced by an appropriate ord i nance or resolut ion duly pas s ed and adop ted by the authorized representatives of the Local Age ncy , a c o py of which is attached h e reto and made a part h ereof; a n d WHERE AS , sa id ordinance or resolution also establishes the a uth- ority unde r which th e Local Agency enters into this contract; a nd WHEREAS , this c ontract is exe cuted by the State under a uthority of Sections 43-1-102 , 43-1-106 , 43 -2-101(4) (c ) a nd 43 -2-144, C.R.S. 1973, as amended; a nd WHEREAS, the par ties h e reto des i re t o agree upo n the d ivision of r esponsibilities with regard to this urban system project; and WHE RE/IS , the Local Agency is a deq uately staffed ands itab ly eq uippe d to undertake and satisfactorily complete portions of t he work; and WHE RE,\S , the State certifies t'1a t such work can be more ad - v antageously performed by the Local Agency. NO;/, TH EREFORE , it is hereby agreed that: PROJECT PR~VISlONS 1. The State will provide liaison with the ocal A;ency through the State's District Engineer, District~. located at 2000 South Holly Street, Denver, Colorado 80222 Said Distric Engineer will also b e res ponsible Cor coocd1 at- ing the State's activi ties under this con tract. 2. The parties hereto agr e to comply with all of the terms a~d cor.ditions of the m~ster agreeMent, unless in conflict with thi s contra c t, in which case the provisions of this contract shall apply . -2 - __ .., __ .. -· .. --~~--.... ·--·------__._.. ............ , .. ,, .... _ .... , ... • .:. I • • ( j r , ( • Page 1 of 8 10/31/77 • • - GF.UERAL PROVISIONS A . The Local Agency will provide prelimin ary engineering a nd design services and preparation o f c onst r uction plans, special pro visions and es t imates in a ccordance wi th the State's Roadway Design Manua l a nd Standard Specif ications. B. The Local Age ncy wil l prepare construction plans in accordance with the requirements of Engineering Services Section 107 -Prepa rat ion of Construct ion Plans by Local Ag enc y, attached hereto and made a part he reof. C. The Local Age ncy will comply with the appl icable p r o- v isions of the State's approve d Action Plan, in cluding all Federal directives con tained the rein by r eference, and will take app ropriate actions r elativ e t o the fol lowing sections of t he Federa l-Aid Hi ghway Program Manual: l. FHPM , Volume 7, Chapter 7 , Sec tion 3, Procedu r es for Abatement of Hi ghway Traffic Noise and Co nstruction Noise. 2. FHPM , Vol ume 7, Chap ter 7 , Sec t ion 4. Archaeologica l and Pale onto l ogical Salvage . 3. FHPM, Vol ume 7 , Chap ter 7. Sect ion 9, Air Quality Guide l ines . D. The Local Agency may enter into a contract with a c on- sultant to d o all or any portion of the proposed pre- limin a ry engineering; provided , however, that when Fe deral-aid funds provided herein are t o participate in the cost of work done by a consultan t, t he contract shall comply with the r equi rcments of FHPM, Volume 6, Chapter 1, Section 2, Subsection 2, Engagement o f Consultants f or Engineering Services . The contract with the consultant shall be preceded by an acce ptable proposal a nd may not be ex e cuted or awarded until the -3- • . -: - II I • • In n ( ( ;' ( • Page 2 of 8 l~/31/77 • • • sel~ction of the consultan~ and the terms of the c on- tra ~t shall h ave been approved by the State and the Fe dera l Highway Adm inistra tion (FHl·;A). All changes in the contract shall be by supple~ental agreement and must have prior approval of the State and FHWA. As soon as the contract with t he consultant has been awarded , 3 certif ied copies of t he contr ac t shall be submitted to Lhe State . E. The Stale will r eview said plans , special provis ions 3',d estimates and make on ly those changes necessary to assure compliance with State and Fi:INA require- ments. The State will afford the Lo cal Age ncy ample opportunity t o r eview the plans , s pecial provisions and estimates, and sa id plans sh all b e considered final when approved and accepted by t h e parties hereto. The State will provide final a s sembly of c onstruction plans, special provisions and contract documents. In t he event all or part of the work is to be contracted, the State will advertise t he call f or bids, and upon c oncurrence by t he Local Agency aw a rd the construction cont r act(s) to the lowes t responsible a nd quali fi ed bidder (s). F . The Local Agency wi l l be responsible for acquiring an y additional rights of way r equ i red for the com- pletion of the project, i ncluding any necessary ten?orary construction easements and/or easements for detour during c ons truction . Prior to th is project being advertised for bids , the Local Agency will certify in writing to the State that all right of way has been acquired in accordance with . the applicable State and Fcceral regulat ions, or th at no additional right of way is requi red. G. The State will be responsible for assuring that ~he Local Agency has obtained proper clearance or approval from any utility company which may become involved in th is project, by separate agreement -4- ., I • • In n [ I ( • ' :1 f. ~ ?age 3 o~ 8 10/31/77 • • • . , ..... bct11:e~n the Loca l >.g ency a~d tr.e u ti lity , if ne c - e ssary. Prior to this p rojec t being a dvertised for bids, th e Local Agency will c e rtify in writing to t he S late that all such clear anc~s have bee n obta ined. H. I n the ev.ant the project invo lves no i!'ica ion of a ra i lroad c orapa ny's facil ities a t a railroad grade c rossin g with the work b eing accoMplished by r ai l- r oad c ompany forc es , the Lo cal Agency shall make appl i cation to the Public Utilities Commission re- questing its order providing for the installation of the proposed i mprovemen ts. The Local Ag ency shall also establish c on ta ct wi th the r a ilroad c ompan y involved for the pu ,pose o f: l . Executing m1 Jq reeroe n t .,c t tiny 0\.1 1 wll u l wo rk is t o be accamplish<·r1 and U,c l ocation(s) the reof, an<1 lhat t!.e c:osls of the i rnprove~en t shall b e eligible for fed c r nl participation. 2. Obta ining the r ai l road'~ (,c tailccl e s timat e of th e c o s t of Lhe wo r k . 3. Establ i~hing f u ture no1. Lcnnncl' r c s- ponsibJ l i.t i cs f o r th r .. r roposc·cl in- stallation . 4. Prescribing future u se n1 c1i r,pot. i tions of the p r opose d i mp rovemPnts in th e even o f abandonment o r (•l i1 nina tion ()f Lhc grade cror;sing. 5 . Establishing future re pair _and/o r re - placement r espon sib ilities in the Pvcnt of accidental d estruction or clamdgC to th e i nstallation . I. The Slate, or the Local Agency wi h approval from the State, will b~ responsible for th e s upervision of the c on5truction of the project , with period ic i n- spections by lhe F HtJA. su,e rvision sh~lJ inc l ude , -5- • ... ... . "' I • • - ( , .. ge ~ o f 8 i.0 /31/77 • • • b u t t!O t. b ~ l1ni':~U Lo , field ar.d o ffi c ~ engine~ring, ins~~ction and materials t esti n g , and t raffic c ontrol t h r ough the p ro j e c t are a. J. The Loca l Agency wil l provide and mark a pp rop r iate ~e- Lours arou.~d t he construc t ion area t o preven t a n y d is - t ur~ances of t h e p rogress of the const r uction ~ark due to traffic and also t o p ro te c t t he trave l i ng pub lic . K. l n the event that al l or p art of the wo r k is t o b e accon?lished by f orce a ccount r ather t han c ontract a s specified i n para graph E he rein above, the Loc al Agency wil l insure t h a t all wo r k is a ccomplished in accordance with t he p ertinent State specifications as ...,,ell as FHPM , Volur:1e 6, Chapter 4 , Section 1 , Su!:>section 14 , Contr.:ict and Fore~ J'l.c count. Work will normal l y be b ased u pon e stinated guant1L i es and fir ~ unit prices agreed to b e t ween the Local Agency , t h S ate and the FHWA in a dvance of t he work , a s provide d [or in F H?:-~, Volurr:e 6 , Chapter 4, Section 1 , Subsec tion 6, paragraph 12b . Such aqrced unit price s shall c onsti t ute a c otnmitrr.ent as to the value of the ... ork t o be performed . It m;,y be agreed to participa te in the wo r k b ased on actual costs of l u ho r , equi p- men t r e n tal, materials ~upplies and supervision nec- e ssar y t o c omplete th e wo r k . Where a c tu al c osts a r e u sed , e l igib ility of c ost jtems s hal l be e va l uated f or CO;!"?liancc with Federal r•,o curement Regula t ion s Part l-15. Rental r ate~ for pu!>lic l y o wned cguip- n:e n t wj 1 1 be the second !ihi ft r ental ra t e per h o ur as e s tabl i zhed in t he State 's Construction Equipr.1ent Renta l Ralc Sche~ule dated July 1 , 1977 or s ubsequent revisions thereof . Al l force account work s h all have prior approval of t he FHII A aod s h a ll not b e in itiated u n t il t he State h as i ssued a writte n notice t o p r oceed . The Local Age nc y sha ll , Curing al l p ha!;eS of t he 1,:od:, p"'rmit. cluly autho r ize d -6- .~=-=====:=a=aa=--oa.........., .......... ___ _ • .:. I • • I n • • Jg4:? 5 o! 8 )/31/77 • • - \ ...... agents and enployees of the s ate and the fi,111\ t o 1ns,ect the proJcct dnd t o ins ect , rcvi~., and a ud it t he project records . L. The Local Ag~ncy sha ll maint ain all b ooks , doc ~~en ts, p apers , a ccounting r e c ords a nd o t her evidence per- Lai~i ng to costs in=urred a~d to ~a~e such materia ls available f o r inspec t ion a t all reas onable t imes during the contract period and !or 3 years fro~ the date of final payment to the Local Agency. Copies of such records sh all be furni shed by the Leed Ag ency if requested. M. The Loca l Asency will maintain and o p era te the im- provem ents constructed under this contract, at its o wn cost and c xper.~e during h~ir useful l ife, in a r,,cnne r s a tis fac l or/ to t hl·! !=:t a t e n nd FH~l A, nnd will make a mple· pruvisjon for 1~uc h maint e n an ce e ach year. Such main t enance a nd o perations shall b e in ac cord an c e with al l applicable statutes and o rdinan c e s, and regu lations prow~lgated thereu~de r , which d e fine the Loca l Agency 's o bliqa t ion t o maintain sl r ects and street fixtures . The State anc l'Hl'IA will make periodic inspcc ions of th e project to v e r ify that such irp:-overr.en t s arc t;,.,d ng a de()u~tc.•l y rrai nt ained. N. The St a t e will administe r the Loc al Ag ency a nd Fe deral-aid funds for thi s project in accordance wit h t he following provi sions : 1. Costs incurred bv _~h e Locdl Age r.c y The Local 1'.qtmc y will p l I r.,are a nd !,ub mi t mon thly ch a rg e s for c osts incurred ie- l ative o the pro ject. The Loca l Agency will prc?are project charges i n ac - cord ance with t he Sta c '= s t~ndard policie s and procedures. The State w i ll r eimb u rse th e Local Agen cy for th e Federal-aid share of the proj ect charges f ol l owil"g the State 's r e vi e w and approval -7- --··~-----·-- • t; f i • I .I I • ,1 ;1 '.I •i r I f • ,, ) I • • In M - • 1 1 Page 6 of S 10/31/77 • • - of such c ha r ges. Charges incurred by t he Loca l Ag ency prior to the da t e of FH\':A au thori z ation for th~ project will not be char9ed to t he project . 2. Costs inc ur red bv t he State 1he State will p r epa~~ ~~nth ly es ti~atcs of construction costs a nd/o r other costs incurred by the State for work performed r elative to the project. The State will prepare said e s timates in accordance w ith t he State's standard policies and pro- cedures. As funds are expended during t he course of the ..-ork, the State "i ll b i ll the Local Agency mon thly f or lhe Loc al Agency share of such cxpendi res. Upon completion of the work to be re r - formed under this co ntract und a cceptance th e reof by the State, Fh"WA, and th e Loc al Agency, the State will su!J rri t a final recapitul a tion of project ~ns ts t o h e Local Ag ency and a final b il ling f o r the b alance d ue of its share of participati ng costs plus all non-particj pa ting costs. Up on receipt of each bill fro m t he State , the Local Agency will remit to tho State the amount as billed. In the event the Local Agency shall fail to make payments to the State, "" agreed, i t hereby i'!Uth - orzies the State Treasurer t o \Ii thhold t he amoun of its o utstanding obligation hereunder from the al location due it from th e Highway Users Tax Fund, as prescribed in Section 43-4-209, C.R.S. 19 73 , as amended, fo r any city or incorporated town. Interim funds, until the State is reimburse d, shall be payable fron State Highwrly Supplc- l1'~ntary Fu nd (2001). P.11 funds expc,nded by -e- I I I I ·1 1·- I ' .. .. ~.,':. -. . '· •' ... ) I • • In - I ! ! . \ • Page 7 o f 8 10/31/77 • • • \ ·- the State for the perfori1ance of any work under thi s contract or r elati ve to the a d- ministration of this contract shall be cha rged to thi s project. o. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available based on the d esi gn data as approved at the t ime of execution of this contract, and that such s um is su!:,ject t o revisions agreeable to t he parties prior to bid and award. The Local Ag en c y has t he option to accept or reject the proposal of the l ow b idder for work on which compe t itive bids have been received. The Local Age ncy must declare the acceptance or rej ec tion at the award conference. If the bid is rejected, costs incurred by the State in project de ve lopment wil l not be eligible for participa tion by the FHWA and must be reimbursed to the State by the Local Agency in conformity with Section 43-2-116, C .R.S. 1 973, as amended . Following award of the construction contract(s) under paragraph E. above, no further revisions in design d uta or cost estimate shall be made except by a gree- ment in writing b e tween t he parties. By indicating its c oncurrence in such award at the award conference , the Local Agency a c ting by or through its duly a u horized representatives , agrees to provide addi- t i onal funds 1f required to CO~?lete th e work under th is project if no addit ional Federal-aid funds will be made ava ilable for the project. The total amount of s u ch additional required funds will be determined at the time of final bill ing a s provided in para- gr aph N. above . P . The parties h e reto agree tha t this contract is con- tingent upon all fund s designated for the project h e rein being made available from Feder land Local -9- • .... ·,. <'"' ,\ .;,1, ----~~-: r,i.-··' :-.: • '. .,.._ !) I • • In r-, - t i r, ;: ~; k :'"; l ,· ':' • Page 8 of 6 l0/31/77 • • • ... Age ncy s ou rce s. Shou ld these s ou rces , either Fcclc ral o r Local Age n cy , fai l t o provide necessary fu ~ds a s agreed upon herein , th i s contract muy b e terminated b y e i ther party . An y party terminating its interest and ob ligati ons herein shall no t b e r elieved of a ny financial ob liga ti ons whi ch existed pr i or to the effect ive d ate of such termination or which may occur as a r esul t of such terminatio n. Q. The term of th is contract, except for the provisions reg arding maintenance, shall continue through the c ompletion and final acce p tance of this project by the State, FH WA and Local Agency, The covenan t s with regard to mai nten an ce of the improvements con- structed under this contrac t shall remain in effect in perpetuity or until s uch time as t he Local Agency is, by law or o therwise , relieved of s uch respons i - bility. R, s. T. During the performanc e of all work under this c on- trac t, the parties hereto agree to c omp ly with Tit le VI, of the Civil Rights Act o f 1964, th e sa lient points of which are shown in the Non- discrimination Provisions attached he r eto and made a part hereof. The Special Provisions attached hereto are he reby made a part of this c q ntract . Th is c ontract shal l i nure to the b ene f it of and be bi ndi ng upon t he parties, thei r s ucc~ssors, and a ssigns. -10- • -~~; : •{ c..·~·· ,-.... -' I " "' .,.. ., I • • D - • t . i I ·' j ·, .. <' • :i.. __ • • • I N WITNESS WHERE OF , the parties h ereto have c aused the for e- going Agree me nt to b e executed t he day and year f irst above written. ATTE ST : Clue£ Clerk APPROVED: DAN S. WHI TTEMORE State Controller ATTEST: STATE OF COLORADO RICHARD D . LN-IM GOVERNO R STATE DEPARTMENT OF HIGHWAYS JAC K KINSTLINGER EXECUTIVE DIRECTOR DIV I SION OF HI GHWAYS By,,--,.,--~~~~~~~~~~-E. N. HAASE Chief Engineer APP ROVED: J. D. MACFARLANE Attorney Gen eral CITY OF ENG LE WOOD, COLORADO -11- • I i f I i I • • n .,. • • • • LOCAL AGENCY RESOLUTION OR ORDINANCE TO BE ATTACHED TO EXECUTORY COPIES • . ~ : ,, ~ •:"'• r: ~ --:t . • .... t. ) . . , . ~ . .:.. ~~~ ·., . t ,! .. ' . I • • In - I f t<·i L ·71 ~ ,:4:.-1 ' .... . . . . . - .:, ·~·: !; ,j, ; ~ ·~~~-... '··'• • .#' \; '',( .· ~~}.!.~ ,, . . ,;,:~ 1,_,.-:,, .... ~ .:r~ ~· . ' . ~ . ~ ·-,r :, ·.f/. • rt ·e ..... -.. 10 7. l 107. 2 107. J 107. 4 107. 5 107. 6 ,+; \ • • • DEPARTMENT OF HIGHWAYS DIVIS I ON OF HIGHWAYS STATE OF COLORADO ENGINEE RING SERVICES SECTION 107 Septemb er 15 , 1977 Page l o f 2 PRf.PAR/.TION OF COIISTRUCTION PLANS BY LOCAL AG ENCY All r o ad\·JaY and st ruct ure design drawi n gs , l ists, tabulation s and s vmmar1es purpo rted to be p art o f the final cons truction conl racL ?lan& herein provided shall be a daptable for p r o- cessing by the S t a t e 's reproduction facilities. The Local Agency shal l obtain th e State's written approval of all original and/or r eproduced materials to be used in preparation of construction plans prior to beginning such work . Plans shall be p repared on standard size shee ts hav ing a n overall width (top to bottom) of 23 inches and an ove ra ll length of J6 inches (left to right). Border lines shall be so placed as to prov i de a binding margin 2 inches wide on the left edge and a margin 1 i nch wi de on each remaining edge . Plans o ther than cross sections sh all be drawn in; (a) i nk on stable-base polyester film, (b) ink on linen tracing cloth, or (c) plastic lead pencil o n stab le-base po l yes ter film . In lieu of inked drawing s, the LOcal Agency may fur- nish pe rmanent type stable-ba se polyester film reproductions prepa r ed from original ink o r pencil dra fte d on vellum drawings . Cross sections, to the extent of ground line , station numb e r and centerline e levation, shall be drawn in ink on vellum sheets. Roadw a y template , profile grade elevation , and ea r thwork areas and yardage quantities shall be 'in heavy pencil . Structure cross sections , t o the extent of gro un d line, station number and centerline elevation, shall be drawn in ink o n vellum sheets. Ro adway template , profile grade elevation, st ructure, and computations for structure excava - t,on and backfill quantities shall be in heavy pencil. -continu e d- • ... .. . , _,,., " '/.·1- t •• ..:. . I • • - t t.··; ', ..... f • • • • \ /l:_ ~ ..... • • ••• • . .,,. ;'T'•' I • ~ -. A• ~~~~> :.~,~~i: September 15, 1977 Page 2 of 2 S ECTION 107 PREPARATION OF CONS TRUC T I ON PLAN S BY LOCAL AGENCY 1 0 7, 7 107 . 8 107. 9 107.10 OOH FORM NO. 113 114 125 125 To me e t repro ductio n requirements all drafting and lettering shal l be o f p roper dens i t y and leg ib ility t o p roduce accep t- able pr ints of the original d rawi ng fol low ing a fifty (SO) percent r eduction of t h e or191nal drawi ng dimensio ns. Cross s ections are not to be reduc ed and will be printed full size . Permanent type po l yeste r r eproductions of original drawings shall be used f or construction plans only when the p r e p ara- tion p r o cess 1s compati bl e with the State's c a pability to reduce such mate r i al s . The State will prepare permanent type polye ster reproductions of original drawings at a no mi n al cha r ge when requested by th e Local Agency. The Local Ag ency may , at 1ts option , purchase app r o ved sta nd a rd si z e sheets from the State. The purcha se pr i ce of such materials shall be the actual cost as incurred by the State. The following a pp roved standard size sheets are n ormal ly available from current State inventories. TITLE Summ ary o f App roximate Quant ities Summa r y of Approximat e Quant ities S tructur e Qu antities St ructure Quanti t ies COMPOSIT I ON . Mylar Linen Myl ar Linen 12 6 Blan k Sheet Mylar 126 Blank Sheet Linen 134 134 -1 146 107 , 11 Plan a nd Pro file P lan and Profile Cross Section • Accept ed trade name for polyester film Line n Mylar Ve llum The State will p repare the title sheet for the final construction plans . The title sheet will be made avail- able for Local Agency use upon r e quest of the Local Age ncy. The cost incurred by the State f o r preparation of the itle sheet wi ll be charged to the pro j ect. i -,lo·. I ·- I • • ' 1 ' I \ " " (~ t, ., -~ I • • • • November , 1977 Nondiscrimination Provisions: In ompliance with Tit l e VI of the Civil Rights Act o f 1964 and with Sec tion 162(al of the Fede ral Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as fo llows : A. Com pliance with Regulations. The Contrac tor wil l comply with the Regulations of the Department of Transportation relative t o nondiscrimination in Federally-assisted programs of the Department of Transportation (Title 4 9 , Code of Federal Regula- tions , Pa rt 21, hereinafter referred to as the "Regulations") , wh ich are herein incorporated by reference and made a p art of this contract. B, Nondisc rimin ation . The Con ractor, with regard to the work performed by it after award and prior to completion of the contract work, wil l not dis- criminate on the g round of race, color , sex, or national origin 1n the selecti on and re t ention of Subcontractors, including p rocurements of materials and leases of equipment . The Contractor will not participate either directly or indirectly in the discrimination prohibited by Sec ion 21.5 of the Regulations, including employmen practices when the contract cov ers a program set forth in Appendix C of the Regul ations. c. D. E. Solicitations for Subcontracts, Including Procuze- ments of Materials and Fquipment. In all solici ta- tions either by compet1 1ve bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential Subcontractor o r sup plie r shall be notified by he Con ractor of the Contractors• obligations under this contract and the Regul, tions relative to nondiscr1m1nation on the ground of race, color, sex or na iona origin . Infornat1on and Reports. The Contractor will pro- vide all in format ion and reports required by the Regulations, o r orders and instructions issued p rsuant thereto, and will pennjt access to its books, records , accounts , other sources of informa- tion, and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, ord rs and in- structions . Where any information required o f the Contractor is 1n the exclusive possiss1on of another who fails or refuses to furnish this information, he Contractor shall so certify t o the State, or the FHWA as appropriate, and shall set forth wh a efforts have been made to obtain the information. Sanctions for Noncorny lian ce . In the event of the Con tractor's noncomp 1ance with the non-discrimination provisions o f this contract, the State shall impose such cont rac sanctions as i or the FHWA may deter- mine to be appropriate, including, but not limited to: • I_ ' ~, . ,. ........ ,ti, ........ I • • \ ' Cl Cl • . i t i, ~· " ~· • • • -.. (1) Wi thholding of payments to the Con - t ractor under the contract until the Contractor complies, and/or; (2 ) Canc ellation , term1nat1on or s us- p ens ion o f the contra ct, in whole o r in p ar t. F. Incorporation of Pro visions. The Co ntractor will i nclude the provisions of Paragraph s A through F in every s ubcontract, including procureme nts of mate r ials an d leases o f equipment, unless exempt by the Regulations, orders, o r ins tructions i ssued pu rsuant thereto . The Contractor will take such ac tion with respect to any subcontract o r proc ure- ment as the S tate or t h e FHWA ma y d irect as a means o f enfor cing such p rovis ions including san ctions for noncompliance; provided, how eve r, tha t, in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor o r suppl ier a s a result of such dire ction, the Contractor may request the S tate to enter int o such litigation to protect the interests of the S tate a nd, in a ddi tion, the Contract6r may request the FHWA to enter in to such lit i gation to pro tect the i n terests of the United States . -2- • ;. I • • - I ' ! .. • • • - \ • r,,.m b A( 028 SPU 1 \L PRO \'ISIO/\S CO TROLLER 'S APPROVAL I Tlm C'O ntuc1 sh:ill not ht' dee~d ,al1d until it ,h:ill ha,e been app roled b)' 1hr Con troller of tht State of Colorad o or ,uch assistant a.,, he may dei,111n:1t e Th i) pruH)IOn ,s :spphca ble 10 :im contract im·oh•ing the paymrnt of mont)' by the Sute FUND AV AILo\UILITY 2 financial o hhp110n) of the St!llt p:nabl e artt>r !he current fiie:il year are contingent upon funds for lhal purpo~ bemg appropriated . budge itd an d 0 1hrrv.1s..• madr J\a1l:i bl e MINIM U\t WA GE 4 . E\cep1 :i, 01he rv.1 \e p rov· h) ta ..... 1f l hh con 1rat 1 pro,idci, fo r 1ti dollar-. and re 11uil"f's o r in ,n h e empl n, me n1 o f la borrf"i or mech:m 1c~ m tht' co 1cti on. :ilte,a11on or rrpair of an y building o r 0 1htr , ,: ""0r1'., Cr~cr pt h1 ~h v.a, \, h1eh v.a~ hridgts, und er p3 'i!,h a 1gh.,.,:t\ struclures-of all kfod)J 1,1,11hm 1hr c Jph Kal hmm o f lh l' S1a1t . 1h r ralt o f "'3{;l' foe all labo ren and mtc C''i tmployed by !ht l"O ntr.t tor o r ,ubconlr.K"l u r on 1hr bu1IJing or public "'o rl.. CO H'rtd b) th is conlracl sh all b t If'~~ 1han thl' prt'vailin t' o f v..tgt's for "'Ork o f a ,1m 1l :1 r na lurr '" 1he CII ), inwn, \JIIJ gt o r 0 1hrr civi l su bd1H s1on e S1a 1t tn r building ur o lhf'r publi c v.o rk 1\ loc::11 ed Olipult'\ rtspN:llnl prt,·a,hng raft, v.i11 bt rt\oh t d :Ii pr IOI (RS 19~3 a, amrndtd OISCR l\tlNATIOI\ .\ND AFFJR\I.\TI\ E ACTIO~ 'i: Thl" conr ractor agn"t', to ,ompl) •,u1h lht le ucr and !>pmt or ll1l' Colo rado .\n11d1scnm111111 on Act o f 195 7, a, amrndtd. an d 01hrr apph.:ablt fo"' rt'sptc lin g di\.Cnmm :lliun and unfoir cmplo)mtnt prrtc llCt\ (~4-34-301 , CRS 1913 as .lli:tft'ndrd) :ind ,ts ~quired b, Eu·c u1nr Order . Equal Opporl unit} and M firm al1\e Ac lion. dated April 16 , 19-5 Purs1,anr thrrrru. thl' follo k',nl pru1 •0,u1u shall br , on1amtd III all Stair cuntr(l('fJ nr w~on1ruc1s. Dunn1 rh r prrformancr of 1h1s con1 rac1 1h r co nt rac ror agrus as foUows (I J Th\• con1rac tnr v.·ill not di scrumnate again_.., an ) fmplo\tt or :ip11hc1mt fo r l"lnpl o)m<nl bttau~ of ract. C~t'd col ur , m11ion:il o ngm . !toe\, mantal \fa1u ~. rt hgt0 11, anctS lr). mrn tal or ph} \JC al handic.ap , or agr Tl1t con1rac11.1r \lo tll takt a ffirma lu c action to insu rt lhat ap phcanrs arc tmplu)ed and th at tmpl oyers '"' tf'l'lltd dunng l'm1,lo\ mcn t, "'i th uul ~gard 10 the aboH~ mtn11oncd ch1r.1c 1cnsucs Such act ion 9\all include. bur not bt hm1tcd to rhc fullu~1ug e mpl oymtnt, upgnding dtmot1on. or 1ran\ftr f'l'Cru1 lmt>nt o r rt•1:ru11~nt ad\t'tll\lllJ' la,-fl ffa. or trnnm1u1on ,; raft\ of ru, or 01htr fom"", of com~nutmn and stlc1..uon for 11111 r111g including apprrn11,t'si11p fht' cuntraclnr :1grrr, 10 p~I 111 c.onsp1Cuou plact, a,a,lab4t 10 rmplm,a·s and apphcan h for rmplo,mrnr nolKt'\ In hf pto\ldcd b) 1hr ('c:,n1ra..11n1 off.ctr W'thna_ fon h pru,,.,,1011, uf lh l' nun.di~ nm1na 11011 clau)e . I :!I Thr cnntraclur ~a.11 . in all ,oi1<.1 1atmns o r adu•rll w:menh for tmplO\l't<,, rlktd b, o r oo bfflalf o f tht conl~ll.)r ,utc that .di t1ualifil•d applicanh .... ,11 fCCt'l\l' t:onlJdtn111un for "'1pfo,mtnt .. ,,hour ~prd ro rKt \f'f'C'd l.'olo r nlllllnal o n gm -w.·, man ta.I \talu,;_ ~h1,un .ll'l('Miln mtntal or ph,SKat handk.i.p. or• (11 Thi", ontraclor Y.111 ).end lu n-.h labo r umun or ~pttit:r1t11111,e uf v.,Jr\.f'n .,.,lh ...,hteh he ha\(OUecttw bargammg a~rrtmt'nt or 01hcr conftJ<'I o r un<k"1.in d1ng no1i..:e IO bt f1f"\1drd b, 1hr ,ontfa411n1 officrr , ad\l mg lht· l:ibur union ur v.orkln repr~nl!llut of Th t contnk:IOr cumrrut1nwn1 undt, 1hr E,ecufn,t' OrJt'r [4u:il Opportumn and \11im111ut' Ac11on dJICd \pnl If>_ ,~r ~nd o( lht' n.1lr1 trgulaoons and rele,anl Ord, n of lhc C..o,emdt I~) ll1l· uoutrxtor a11d l.ibor un101h ..,.,II fum,!Ji aJI 111furmat1on and rtpurH rrqum:d b)' E.,«u11n Order, lqual Op1>0rl 11rut y and Affit1 11Jll\l' Muon of Apnl 16 . 19 ~~ and b) lht rult\ lt'fUlahons and Ordtn o f tht C,mcmor 01 runuJnt lhcn•co. and "'Ill prnml acceis ro h1\ books. tt'COf'd\ and accuuntt b) thr contrKting agl'IIC) ;inti rht uflill' o f rhr Gmernur Of h,, des,gnet for purµOSt-~ of m,n11p11on 10 a~rtiun complianct -.11h 11uch rult\, ri:gulatJUnl and orders i 51 A habo r orga111,a11 011 will 1101 t;\cludr any 1nd1v1duaJ othtrwtst quahfitd from full mtmbtr'Vup rights 1n such labor organi1a1 wn , o r t,ptl an) such mdJ,,du.il from mtmbtrJup ,n such labor o rpruuoon or d1sc n m111a 1e again,1 Jll) of 11s mrmbcn 111 1hr full tnJO\mt'nt of v.o ri,. opporlunm b«ai,w ofncc.ctttd, color, S('\, natio nal o ngin , ur Jnce\lr) (6) A labvr orgai uza ti on , or lht tmplu)tt or mtm~n lhtrf'ofv.111 no1 aid abet 1nc1 1r.co mprl or cot:rtr tht doing o( an) 11c 1 dtfined 1n 1h1s contr.acl l u ht-d1scnm111a 1ory o r oburutt o r prt,tnt an\ pr:non from compl)•tn,11. Y.llh 1h.: 11rm1~11m!> uf 1h,~ cuntrad tlr any orJe1 l'->Ut d 1htrrundcr or llltmpt. r1lhf'r dirttlly or 111d1n't'lly.1ocomm11 an~ kl defintd III l hl\COnlr.tc f to ht dhcnmm11lol'\ • ; I .. , .;, ( i ·· \ .. ., ,•.ll-. f# "':· ..: I" f· I '' I • • \ ' I ! p ,. ~ !! ., ~ 1, i . ' ' ·- • • - Fon.. .. 4C-0 1C (7 ) In the ennt o r the c onlractor"s no n-compliance with the non-disc:rim1 n111on clausn o r th ii contnc1 or v.ith an y of such n.i les, replalioru.. o r o rdcn, th 15 con l1't l may ~ cancelled, 1cnrun1tcd or IUSpt.ndNI m ,.h o.I t Of' in part and the con tnc1or may bt: declared ineligible for funhtt Start contnc.ts in accordance wuh pro«durrs. authoriu:d 1n Enc ulivc 0..dcr. Eq w.J Opp.>rturuty and Aflinnat.i\T Actioa of April 16, 197S and the rul es. rrculahons. o r o rdc~ pro mul p1td in accordance therewith . and such other sanction1o • may br: unposrd and rtmrdit, u ma y bt 1nvobd • provided in Eucutiw Order. Equal Opportuniry and ArGnn1tiw Ac 11o n of Apn1 16 , 197 S, or by Nin, ~rw111 oru. or orckn promulp1ed in accordara tbc-ft.;th , or• othcl'Vt1.SC pr o~idcd bt law (8) Th t co n1rac1 nr ... 111 incl ude the prov,.s ioru of pangnphs (I ) through (8 ) in e\'try sub-contract ad sub<ontnclo r purc hase o rder unless ucmptcd by ru.l ts, regulations. or ordtrs isrued punuanl lo Executt.e Order, Equal Op po rtu ruty and Affinna ti n Aclion of April 16, 1975 , so Iha! such pro\is.ioru will be bindift& upo n ea::h wb-con1rac1or o r Ycndor The contnclor will take-such action with rupocl 10 any aib-conuactina o r purchue o rde r a the con rractina a,rncy may direc:1 , as a means of c-nforcing such provisions. indlMllna: .anc tions fo r no n-complia nce ; prm•idtd. hownc-r. chat in the t'ftnt lhe contraccor becomrs im'Olftd in . or iJ thrurened "'i th . h1ig111nn ..-ith tht subcontractor or Ytndor as a result of such Wrtttion by the contrw:tina qency , lht c ontract or ma y rrquC'St the St.alt of Colorado to enter into such litipt1on to protect ~ iDltn:st of thr Stat, or Colorado pre " bor art applicable t o this con1rac1 if act are undrruktn htrtundtr and art financt'd in v.holt' or in an GENERAL 7 Tht law~ o r tht S111 t' o f Color3do and ru lts and rqula lions issu td punuant thert lo .shall be applied in tht inttrprtlatio n. e11;ttut1o n and tnforctmtnl of th is conlract. Any proY1sion of th is contracl Wkthn or not 1ncorporaltd htrt1n by rdtrtncr-whkh prondts for arbllration by any u:cn,judKial body or pr-rwn or which i, o rhrrw1s,r in con n.e r .. ;,h said la~. rults and rqulations shall bt considtrr-d null and YOid Nothin, contained in 1t1 y pro\i5ion inc orponltd htrtin by rrfrrtnct "''hic h purporu 10 nr1atr th 1~ or any o thu spe,cial pro,-Won in .. -hole: o r in part ~hall ht ,.,lid o r rnfo,ctablr nr 1,'11l1blt m any action 11 la• -..•h t.lhr r by wa y or com pla int , ddrnw o r othc,..,.ist. An) provm o n rcndtrrd null and ,01d by che oper111on of 1hi, p,o,i5ion wi ll not inYmidale 1hr rtmair,der of this con1rsc1 10 lht utrn1 1h11 1hr con tract is capable of r-.ccuoon . 8 The si inaio ric , hr rr1 0 3Hr 1ha 1 1h ry art familiar with 18-8 -301. rt s,c q . {Bribtry and Co rrupt lnflucnec1) and 18-8-401 , rt ,rq., (Abu~ of Public Orfict). C R .S 1973. u amrndrd.and 1h11 no,iola1ion ofsuch pnw1s.ioruis pttKnl. 9. The s1gn11onr~ :,c, th31 10 l hci, kno.,..ledsr . no sta le tmployrr has an y personal or bentficiaJ inttrest v.h11.1oe,·c r in lht stn icc o r proptrt)' de sc ribed he rein By IN WITNESS \/\·HEREOF. 1hr parties herr-1 0 h.t\lt tAC CUled th is Ajrttmtnl on the da)' int 1bovt wnlt STA TE OF COLORADO RICIIARll D. LAMM , GO\"f:RNO R BY--,,. "lX=-e=c=-ur=,"'v"r-==oc:,.-::r-=cr=o"',---,,.~----i DEPARTMENT OF ~-------,,.~-------1 • I· , 1,- ~. ;:,~. ·, .. t{ :t-: ·~ '~. • i .,, ' ..... I • • ( • • • • M E M O R A N D U M ---· ----------- TO: FROM: DATE: SU BJECT: Andy Mccown 11.J , William D. James f.l'<t' February 16, 1978 Telephone Bids We have reviewed in detail the bid from Northern Tele com o n s upp lying the Ci ty with a private tele phone system. Northern Telecom has agreed t o a ll of the conditions of the bid specifications, but have req uested that the fol low i ng c onditions be agreed to by the City. The City will not violat e any patent infringements or trade secrets. The City will not divulg e any technical information or proprietary rights . The City will not sell the software license used for control o f their computer system. I can not see forsee any problems with the above conditions and would reconnnend that they be incorporated into the City's contract (bid docu- ment) with Northern Te lecom . I have also invest i gated the possibility of a lease/purchase agreement to fi nance the t ele phone sy s t e m. If the Cit y fi nanced the t e lephone equi pment an additional $45,000 to $50,000 i n interest would be pa i d during the term of the lease , The City would not rea lize a return on its in- ves tment unt il the 7th year plus spend ing the additional f unds in inte rest. A lease /purchase a greement is an effective finance tool to use when f unds are short or a number of pro jects need to be comp leted with limited capital a va ilable . We are anticipating that we will have an a dd itiona l $400,000 to add to the General Fund Balance at yea r end 1977. The details of which will be f or- wa rd e d for review to be sent on fo r the 21st of February Co unci l me eting. The City i s, the r efor e , in a position to pay the cost for a telephone system out of th e fund balance . The pay back period is then 4 years instead of 7 . The cost of a privat e system is fu r ther r e duce d by the interest savings that was p r eviously presented. The cos t of a private system over 10 years • I • • - - ( .,. • Andy Mccown Te lephone Bids February 16, 1978 Page 2 • • • with outright purchase is $277,652 compared to Mountain Bell's bid of $537 ,840 over 10 years (these figures reflect total cost including main- tenance and changes for trunks and non-continuous property lines). Therefore. we recommend the purchase of a private telephone system from No rthern Telecom in the amount of $119 .100. jlw I • • f ( • • • - M E M O R A N D U M TO: FROM: Andy McCown, City Manager o,;I William D. James, Director of Finance~ DATE: January 12, 1978 SUBJECT: Telephone Bids We have received the final bids on the telephone system for the City. The bid process was in two phases. The first phase was we sent out bid specifi- cations to seven private companies and excluded Mountain Bell. The purpose of the first phase was to eliminate vendors that could not meet the City's needs for a 250 line system. This phase resulted in two bidders meeting the specifications who would compete with Mountain Bell in formally bidding the City's telephone services. We selected the lowest bid between the two private vendors United Business Systems and Northern Telecom to compete with Mountain Bell. Northern Telecom submitted the lowest. The next step was to compa re the bids from Northern Telecom and Mountain Bell over a ten year financing period. This period of time was chosen basically because we could finan c e the basic annual system cost out of our current budget appropriations. The attached report from Control IV, the City 's consultan4 gives a more detailed analysis; but the base line bids for each system over 10 years is as follows: Northern Telecom Mountain Bell (Present System Costs $ Jl+0,922 537,840 500,572) (Bid prices include all cos ts except long distance charges) Both the Northern Telecom and Mountain Bell systems are compa r able and meet the City 's needs. Some Department Heads have seen both systems and it was their opinion that either system would adequately meet the City 's needs and, in fact, improve the City's telephone commu nication system, It should be noted that after ten years the City would own the pr ivate system but wo uld c ontinue to lease the equipment from Mountain Bell. Northern Telecom is one of the largest private telephone companies in the United States and the parent company is Canadian Bell. The information that we have received is that the companies serviced by Northern Telecom have had no major problems. Therefore, based on the bids r e ceived and the information and analysis we h a ve done , I recommend that Northern Telecom be awarded the bid fo r supplying a City wide telephone system. jlw • I • • f ( • • • • De cem ber 12, 1977 CONSULTANTS FINAL REPORT ON BIDDING FINAL BIDDERS The final bidders were Northern Telecom and Mountain Bell. Northern Telecom This company is a $1.5 billion corporation whose bidwas $119,100 for an SL-1 computer switch . The adjusted ten year figure including trunks, interfaces, maintenance and non-continuous property was $329,012. (SEE DETAIL SHEET) Mountain Bell This company, annual volume unknown, bid a computer controlled Dimension switch. Their bids ranged from $528,000 to $667,000 over a ten year period depending upon the time period of the lease. This figure includes trunks and maintenance but makes no allowance for tariff increases. (SEE DETAIL SHEET) Technical Evaluation Both the Northern Telecom SL-1 and the Mountain Bell Dimension comply completely with the specification. Either vehicle will provide 'state of the art technology' and should not have to be replaced for at least twenty to thirty years. The growth of the City's system will not exceed the capacity of either system in the foreseeable future. The Mountain Bell system will grow to 360 tele- phones and the Northern Telecom system to 1,000 telephones. One technical advantage of the Northern system is that the City can do its own moves and changes, due to the low count wiring, thus saving substantially over ten years. Whereas, with Mountain Bell the order charges, wiring charges and number changes charges will remain as they are now. Consultants' Recommendation The parameters of our recommendations are based exclusively on economic and technical fea tures of the two offerings. Therefore, we recommend that the City of Englewood select the Northern Telecom SL-1. • I • • - Cost of Equipment (1) (including cost of money) Interface Cost (2) Cost of Trunks (3) Non-continuous Property Cost of Maintenance Annua l Totals 1 15,607 1,656 12,824 None 30,087 • • • NORTHERN TELECOM DETAIL SHEET YEARS 2 3 4 5 15,607 15,607 15,607 15,607 1,656 12,824 12,824 12,824 12,824 2,700 2,700 2,700 2,700 32,787 31,131 31,131 31,131 6 15,607 12,824 2,700 31,131 0 7 8 9 15,607 15,607 15,607 12,824 12,824 12,824 2,700 2,700 2,700 31,131 31,131 31,131 Gross 10 year Total Less Investment Tax Credit (1) Thi s annual figure for equipment cost includes a cost per thousand factor of 0.01092. 10 15,607 12,824 2,700 31,131 340,922 (11,910) $320,01 2 (2) Interfaces are shown as abandoned at the end of the second year as a result of the certification program of the r.c.c. (3) No tarif f increases are shown for trunks rented from Mountain Bell for the entire ten year period. (4) No increases are shown in maintenance costs for the ten year period • • • • • • • - BELL SYSTEM DETAIL SHEET COST OF EQUIPMENT YEARS l 2 3 4 5 6 7 8 9 10 Total Present System* 44,172 49,200 49,200 49,200 61,600 61,600 61,600 61,600 61,600 61,600 $500,572 Dimension** Conventional rent 66,756 66,756 66,756 66,756 66,756 66,756 66,756 66,756 66,756 66,756 $667,560 5 Years 59,184 59,184 59,184 59,184 59,184 46,416 46,416 46,416 46,416 46,416 $528,000 ' 7 Years 56,028 56,028 56,028 56,028 56,028 56,028 56,028 45,936 45,936 45,936 $530,004 10 Years 53,784 53,784 53,784 53,784 53,784 53,784 53,784 53,784 53,784 53,784 $537,840 * Present System assumes that all station equipment comes out of grandfather tariff in the second year, but the switch doesn't come out until the 5th year. A further assumption is that no further tariff increases occur in 120 months. ** Dimension assumes no tariff increases in 120 months. • • • • BELL* Present S:i::stem Dimension Conventional Rent 5 Year Tele Lease 7 Year Tele Lease 10 Year Tele Lease PRIVATE Northern Tele Com** 10 Year Tele Lease • • - COMPARISON OF MONTHLY RENT Average Monthly Rent First 120 Months $ 4 ,1 71 $ 5,563 4,400 4,416 4,482 $ 2,744 0 Total 120 Months Cost $ 500,572 $ 667,560 528,000 530,004 537,840 $ 329,313 it is anticipated that the annual increase in tariff will be at least 5% per annum. This increase is not reflected in these figures nor are taxes or move and change charges nor insurance as required und-;;;-tele lease contrac ts. ** Private it is anticipated that the 5% increase in tariff will r eflect in the trunk charges, but is not shown. Some increase in maintenance should be allowed for but is not included • • • - ,, • • • ltft'R.0"9CI MIUOIIANDUM • • • T01 Kells Waggoner, Director of DATI: February 1 4 , 1 978 Public Works l'IOM: Gary Diede, Director of Engineering Services SUIJICT1 ADDITIONAL CONCRETE SIDEWALK & CURB REPAIRS REQUIRED In marking the concrete listed in my memo to you of February 1, 197 8 , we discovered four additional locations in that vicinity that are also in need of repair, and wish to request that Council authorize sending the 30-day notices to these property owners as well. The locations, etc. are as follows : Location/Owner 3360 S. Bdwy. Approx. Repair Desc. Est. Cost to Property Owner Johnson, Clifford J. & Co. 6 L.F. VC&G 3424 S. Bdwy. 6 L.F. VC&G Estate of Florence A.,Doster 1st Nat'l. Bank of Denver, Exec. 3460 S. Bdwy. 6 L.F . VC&G Miller, Blanche E. 3448 S. Bdwy. 6 L.F. VC&G Patrick , Billie J. & Elizabeth j f~u GaryY. Diede, P.E . Director of Engineering Services GRD/ldo $84 84 84 84 I • • ~- Andy Mccown, city Manager INTll4lflCI , ... OUNDUM • • - February 2, 1978 l'ltONla Kells Waggoner SUI.IICT1 CONCRETE SIDEWALK AND CURB REPAIRS • Attached is a memo from Gary Diede, Director of Engineering Services, requesting authorization for him to send notices to repair sidewalk and curb at several locations in the City. The total estimated co s t for owner obligations is $14,720, and the City's esti mated obligation is $2,555. If we send the notices to repair, we would need to come back to Council after the 30-day period to have monies appropriated in order to pay for the repairs to those properties which d i d not comply . Hopefully, we will be able to work with the City Attorney's office to obtai n a better procedure for repairing dangerous sidewalk, curb,and gutt er as these hazards appear in future years • . /~~ ~!~Waggoner, P.~ Direct or of Eng i neering Services KW/lo Attach . c s: Gary Diede B. v. Berardini , City Attorney, w/copies • I • • TO, FROM! SUaJ!CTt • • • • • INTU-'lFFICI MIMOIANDUM Kells Waggoner, Director of Public Works DATlt February 1, 1978 Gary Diede, Director ot Engineering Services CONCRETE SIDEWALK AND CURB REPAIRS The City's concrete repair policy has received a lot of attention lately and is of concern to all of us. In the past, whenever deteriorated concrete was discovered or reported to us, we would send a letter (copy 11 attached) to the property owner informing him of the problem and his financial responsibility therefor. If he did not repair the concrete within 30 days, we added that location to a list and put it in our next sidewalk district, which IIIAY have been scheduled earlier , but not constructed for several years. Here is where the proble111 comes in, and is expressed to us in a letter written by the City's insurance ·company's underwriter (copy 12 attached). In the last three years, the City has received tour lawsuit• involving sidewalk/c urb accidents, which our insurance company is called upon to settle. In all of these cases, the concrete is still in need of repair . As you will recall, the staff had a meeting on this situation on January 10, 1978. The City Attorney's office has informed m~verbally that there are certain procedures, according to State statutes and . ·. existing c .ity ordinances, that must be followed: • (copy #3 attached) 1. We must go to City Council to send the 30-day repair notice. 2. We must go to City Council to request that the City have the repairs made and to get permission to charge the property owners who did not respond to the 30-day notices. 3. We must go to City Council for a public hearing on the pro- perty assessmenta. It might be noted that our present ordinance allows us to place a tax lien on the property for the cost of repairs, in which case the owner must pay the full amount within one year or his property will be sold t o satisfy the lien. We have not been doing this, we have been putting the repairs in a sidewalk district, which is time-consuming, but allows the property owner to repay the City over five or ten years. I feel there are three things we should do: 1. Provide immediate repairs (within 90 days) either by a con- struction contractor, with bids recei ved on a yearly baais, or hire additional !ull-time personnel to 11\ake these repairs to hazardous concrete • • I • • - I I • • Xells Waggoner, Director of Public Works -2- • • • February 1 197 8 2. Streamline our prooedure11 to reduce the time between noti- fication and asses11111t1nt. 3. Establish a fund to pay for repairs until the property owner repays tha City. My ~ecommendation at this point is that we submit the following li11t of concrete repair locations to the City Council for authorization for me to send the 30-day repair notice, and secondly, that the s taff prepare procedure or ordinance change recommendat ions for City Council's consideration to be used for those who do not repair their concrete, Location/Owner 3079 s. Ogden Alford, Kathleen F. Approx. Repair Description j7.5 L.P . VCGG, 37.5'x 4' S.W. 3 West Hampden chase section, 3' x 7' S.W. Mills, Edgar N. & Ella Mae 504 East Hampden 15' x 5' s.w . Page Associates 501 West Hampden Republic National B~nk 3037 West Grand Ave. Codner, Don R. & 'Betty R. 3165 West Monmouth 10 1 X 5' S.W. 20 L.F. C.W. I 10 L.F. C.W. I Stasiak, Richard J. & Mary L. 31 85 West Monmouth 10 L.F. C.W. I Sidman, Joseph R. & Nadine H. 3311 South Broadway Lewan, Paul 3330 South Broadway U.S. Post Office 3346 South Broadway Roberts, James M. & Mary 10' X 6' S.W. 10 L.F.VC&G 20 L.F. VC&G 3356 South Broadway 10 L.F. VC&G Maxwell, John C. & Gwenn J. 3366 South Broadway 7 L.P. VC&G Miller, Sherman H. , Dorothy 3370 South Broadway 3 L.P. VC&G Johnson, Clifford J., Co • • Estimated Cost $1,320 $ 645 $ 40 0 $ 275 '$ 400 $ 200 $ 200 $ 320 $ 140 $ 280 $ 140 $ 100 $ 50 I • • n n • • • • - Xells Waggoner, Director -3-February l, of Public Works Location/Owner Approx. ·aepair Description 3378 South Broadway 10 L.P. VC&G Johnson, Clifford J. & Co. 3384 South Broadway 20 L.F. VC&G Englewood Aerie #3241 33 92 South Broadway 7.5 1 x 14' S.W. Quiat, Ira L., Dec'd. 3400 South Broadway 10 L.F. VC&G Cowp erthwaite, Arthur T. 3422 South Broadway 20 L.P. VC&G Rotstein, Shepherd 3430 South Broadway 6 1 x 15 1 S,W. First National Bank, Exec. 3446 South Broadway 10 L.F. VC&G Sachter, Litman I. & Esther M. 3454 South Broadway Gutshis, Alex 10 L.F. VC&G, 5 1 x 6' S.W., 17 L.F. Sawi_ng 3490 South Broadway Andert, Philip G. 3494-96 South Broadway The Crysler Co. 3498 South Broadway The Crysler Co. 4651 South Broadway Hill, Gladys M. 4677 South Broadway Arapahoe Datsun, Inc. 12' X 2 1 S.W., 12 L.F. Sawing 40 1 X 2 1 S.W., 40 L.F. Sawing 27' x 2 1 S.W., 27 L.F. Sawing 10 1 X 5' S.W. 17 1 X 5 1 S.W. 3 411 s. Cherokee (on Girard) 60' x 5' S,W, Ludwig, Ray c. & Beulah 200 West Girard First National Bank 100 1 X 5 1 6.W. 100 West Girard so• x 6' s.w. Englewood Chamber of Commerce ...... . ... /: .; 1978 Estimat ed $ -140 $ 280 $ 550 $ 140 $ 280 $ 475 $ 140 $ 410 $ 205 $ 680 $ 460 $ 265 $ 450 $1,575 $2,625 $.J.,575 Total Esti.Jnated Costs----------------------------------------------$14,720 • Cost I • • - ((1 • • Xelle Wag goner, Director of Public Works • • • Location SECTION B (City Concrete) Approx. Repair Description February l, 978 Estimated Coat Bates, Bates Pkwy. 30' x 6' Crosapan $1,260 SW Cor. Bates 5 15 L.F. C.W. I 300 Corona City Hall (N. door) 3' x 4' s.w. 65 NE Cor. Hampden Pl. 10 L.F. vcr.G 140 r. Elati Parking Lot SE Cor. 30' X 5' S.W. 790 Bannock r. Girard Total Estimated Coats-----------------------------$2,555 A-~~ , ~~~~ of Engineering Services • GRD/ldo · 1' • Attachs.: 3 01 City Attorney'• Offiae -Attn. a. DeWitt, Aa•'t. City Attone, I • • - - • • • • TO : FROM : SUBJECT : FIRE DEPARTMENT REQUEST FOR OUT -OF-STATE TRIP APPROVAL February 16 , 1978 DATE : Attached is a request from Chief Beeson for approval of an out -of-state trip for training purposes . The seminar falls within our guidelin es o f dealing with a serious concern of the City a nd of being unavailable within Colorado . Although the complete training program for all City em- ployees will be submitted within the next week, Chie f Beeson and I feel this seminar is of suff cient value to bring it before you at this time for your consideration . If supported by you, the request wou ld need to go before Council a their February 21, 1978 meeting . /lh cc : Jim Cu rn es , Assistant City Manager Mel BeVirt, Employee Relations Director Chie f Beeson, Fire Chief I • • In --. n - • • • • • TO: Hugh Bro wn, Admin istrative As sistant FRO M: Gerald A. Beeson, Fire Ch ief DATE: February 16, 197 8 SUBJECT: Out-of-Sta t e Training A National Fire Academy sponsored seminar on "Overv iew of Master Planning for Fire Preventio n and Control " is being conducted at Rapid City, South Da kota. This seminar will be the only one addre ssing this subject in the s i x state region in fiscal year 1978. It is difficult to predict if any others will be offered in the futu re. If f e deral f unds are cut off, it may nev er be offered again. The seminar i s be i ng held March 3-5. We estimate the cost for one to atte nd ,1 t between $2 10,00 and $220.00 . There is a good chance tha t some or all of this cost will be reimbursed by the state. The goal of the seminar is to p roduce i nstructors in Fire Pre- vention and Con t rol Ma ster Planning . This knowledge would be a great benefit to our community, as we plan to be very much invo lved in maste r planning in the very near future. I request special co nsiderat ions be made concerning this matter to allow As sista nt Chief Braunreiter to attend this seminar. He has ag reed to attend the Saturday and Sunday sessions on his own time. Sincerely, . , ',._. ; I "' I..(" { y/ J. I ~ :-,.. ~ Gerald A. Beeson Fire Chief /ms I • • Ir:, ,., - \ ' \ • • • - RESOLUTION NO. _j__Q_~-' SERIES OF 1978 A RESOLUTION SUPPORTING SENATE BILL 46 RELATING TO POLICE AND FIRE PENSION FUNDING. WHEREAS, the City Council of the City of Englewood, Colorado, has reviewed Senate Bill 46; and WHEREAS, the City of Englewood supports such a bill on funding Police and Fire Pension Plans providing the State contri- butes additional funds to the pension plans; and WHEREAS, the bill provides for an additional $2 million appropriations by the State to Police and Fire Pension Plans; and WHEREAS, the City of Englewood is in favor of a new com- prehensive legislation for Police and Fire Pensions which the bill calls for a State Commission to develop by 1980; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section 1. The City of Englewood supports Senate Bill 46 relating to Police and Fire Pension Plans providing that the State shows a committment to help resolve the funding problem by appropriating an additional $2 million to the Pension Plans. ADOPTED AND APPROVED this~~~- Mayor ATTEST: ex officio 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 complet e copy of Resolution No. , Se ries of 1978. ex officio City Clerk-Treasurer • , 1978 I • • I - \ • • • • RESOLUTION NO . ··-___ / (___ SERIES OF 1978 A RESO LUTION OPPOSING HOUSE BILL 1095 RELATING TO CIGARETTE TAX . WHEREAS, the City Council of the City of Engle wood, Colorado , has reviewed House Bill 1095 relating to Cigarette Tax; and WHEREAS, the City Council opposes the reduction of the local share f r om 32% to 30 2/3%; and WHEREAS, the City Council supports continuation of the 15¢ tax per pack of cigarettes; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, as follows: Section 1. ·-------- The City of Englewood opposes House Bill 1095 rela ting to Cigarette Tax unless the bill c an be amended to maintain the local share at 32%. ADOPTED AND APPROVED this day of Mayor ATTEST: ex officio City Clerk-Treasurer I, William 0. James, ex officio City Clerk-T r easurer, of the City of Englewood, Colorado, do hereby certify that the above and fore- going is a true, accurate and complete copy of Resolution No . Series of 1978 . ex officio City Clerk-Treasurer • I • • ( • • • - RESOLUTION NO.-· j_'J:_ __ , SERIES OF 1978 A RESOLUTION OPPOSING HCR 1004 RELATING TO TAX EXEMPTION OF RE SI DEN TIAL PROPERTY. WHEREAS, th e City Council of the City of Englewood, Color ado , ha s reviewed HCR 1004 r elating to tax exemption of reside ntial property; a nd WHEREAS, the City of Englewood would have to raise the mill levy to generate the same dollar amount fo r property tax; and WHEREAS, if the State is desirous of r e ba ting taxes to property owners the City is of the opinion the State s hould be responsible fo r pay- i ng for s uch a program ; and WHEREA S, th e City of Englewood has o nly a mill levy of 7 mills there would be little direct benefit to mo st of the resident ial pr operty owners in Englewo o d; NOW, THERE FORE, BE IT RESOL VED, by the Ci t y Council of the City of Englewood as follows : Sec tion 1. The City of Eng lewood opposes HCR 1004 relating to tax exemption for residential property. ADOPTED AND APPROVED t his ---day of ---------' 1978 . Mayo r _____ _ ATTEST : e x offici o City Clerk-Treasurer I, William D. James , e x officio City Clerk-Treasurer of the City of Englewood, Colora do, do hereby cer t ify t hat the above and fo r e- going is a true , accurate a nd complete copy of Resolution No. Series of 1978 . e x officio Cit y Clerk-Treasurer • 7i I • • • • • • • RES OLUTION NO. _ j-2___ SERIES OF 1978 A RESOLUTION TO OPPOSE SENATE BIL L NO . 43 RELATING TO HIGHWAY USERS TAX FU ND . WHEREAS, the City Council of the Ci ty of Englewood, Colora do , has reviewed Senate Bill No. 43 relat ing to Highway Users Tax Fund; and WHEREAS, the Bill calls for allocation of the funds on a 65% Sta te , 26% County and 9% Municipal; and WHEREAS, the City favors a more equitable distribution of Highway Users Fund of 60 7. State, 207. Coun ty and 20% Municipal; NOW, THEREFORE BE RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section 1. ------- The City of Englewood opposes Senate Bill No . 43 relating to Highwa y Users Tax Fund which a llocates a percentage of sales tax on auto- mobiles and accessories, but maintains the d i stribution of these funds at 65% State, 26% Cou n ty and 9% Municipal, ADOPTED AND APPROVED this day of ---------• 1978. Mayor ATTEST: e x officio City Clerk-Treasurer I, Wi lliam D. James, ex offici o City Clerk-T r easure r, of the City of Englewood, Colorado, do hereby certify that the above and fore- g oi ng is a true, accurate and complete copy of Resolutio n No . Se ri e s of 1978 . ex offici o City Clerk-Treasure r • ~· I • • n - f • • • • RESOLUTION NO. ___ j_!i____, SERIES OF 1978 A RESOLUTION OPPOSING SCR 2 RELATING TO SHARING OF PROPERTY TAX REVENU ES . WHEREAS, the City Council of the City of Englewood, Colorado, has reviewed SCR 2; and WHEREAS, SCR 2 does not provide enough information to evaluate the fiscal impact on Englewood, or how such a program would be admini stered; and WHEREAS, the City Council is desirous of protect ing the City's financial base; NOW, TIIEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, as follows: Section 1. The City of Englewood opposes SCR 2 relating to sharing of pro- perty tax revenues. 7K ADOPTED AND APPROVED this ~~~ day of ~~~~~~~~~~' 1978 . Mayor ATTEST: ex officio City Clerk-T reasu rer I , William D. James, ex officio City Clerk-Treasurer, of the City of Englewood, Colorado, do hereby certify that the above and fore- goi ng is a true, accurate and complete copy of Resoluti on No. Series of 1978. • ex officio City Clerk-Treasurer • I • • n n - \· • RESOLUTION NO. I / 2 • • • 7l , SERIES OF 1978 A RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET, AND ESTABL IS H- ING THE POSITION OF INSURANCE CLERK AT GRADE 2. WHEREAS, the City Council of the City of En g l ewoo d has approved a 1978 General Fund Budget; and WHEREAS, the Self-Insurance Program has been increas- ed in claims, number of employees covered and coverage for r e - tired employees that a full time position rather than the pre - sent 1 /2 time position is needed to maintain adequate service to employees; and WHEREAS, the Self-Insurance Fund will reimburse th e General Fund for the full cost of this position; and WHEREAS, the Board of Career Service Co mm is s i oners , in their meeting of January 19, 1978, recommended th e p os i ti o n of Insurance Clerk be established at Grade 2; NOW, THEREFORE BE IT RESOLVED, by th e Ci t y Council of the City of Engl e wood, Colorado, as follows: Section 1. The fo l lowing estimated revenues and appropriations are hereby mad e i n the General Fund: Sour c e of Funds Ge neral Government $12,384 Appro pr iations Em ploye e Re l ations $1 2,384 Section 2. Th e f ollow ing position i s h ereby c r eated in t he City's class i f icat i on plan: ~art_!!le ni Emp loyee Rel a tions Se ct i on 3 . P o s ition I nsurance Cle r k Gra de 2 Th e City Manager and Di rector o f Finance are he re by authori zed to mak e the above chang e s to the 19 7 8 Budget of t h e Ci ty of Eng l ewood. • I • • . I r-t • • • • -2 - ADOPTED AND APPROVED this day of ~~~~~-' 19 7 8. Mayor ATTEST: ex off1c10 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 1978, ex o f f1c10 City Clerk-Treasurer • I • • • • • • RESOLUTION NO. ~'-&~, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 WATER AND GENERAL FUND BUDGETS. WHEREAS, the City Council of the City of Englewood has approved 1978 Water and General Fund Budg ets; and WHEREAS, the City of Englewood has issued $6,700,000 General Obligation Water Fund Bonds, for improvement s to the water system with estimated expenditures for 1978 of $2,342,000; and WHEREAS, the City is involved in protecting its interest in water rights by retaining legal counsel; and WHEREAS, the City has estimated settleme nt in an agree- ment for landscaping and other improvements around storage re- serviors in Greenwood Village in the amount of $25,000; and WHEREAS, the City has a settlement liability of $10,000 in a litigation case; and WHEREAS, the water charges have been increase d to pay for the bonded indebtness and related expenditures; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section l. The following estimated revenues and expenditures are hereby made in the General Fund: Source of Funds General Governme nt $ 33,000 Appropriations City Attorney $ 33,000 Section 2. The following estimated revenues and expenditure s are hereby made in the Water Fund: Source of Funds Water Sales Interest on Invested Funds Retained Earnings • $ 655,210 316,000 1,438,790 $ 2,410,000 I • • - C • • • • • . -------·----- Section 3. -2 - Appropriations Source of Supply Power and Pumping Purification Transmission and Distribution Administration and General TOTAL $ 236,000 4,500 966,500 1,164,000 39,0 00 $ 2,410,000 The City Manager and Director of Finance are hereby authorized to make the above changes to the 1978 budget of the Ci ty of Englewood . ADOPTED AND APPROVED this -~-da y of ·----' 1978. Mayor ATTF.ST: ex off1c10 City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer, of the City of Englewood, Colorado, do hereby certify that the a bove and foregoing is a true, accurate and complete copy of Resolution No. ____ , Series of 1978. ex offi cio City Clerk-Treasurer • I • • (' C • • • • M E M O R A N D U M TO: Mayor Taylor and Members of the City Council FROM: Andy Mcc own, City Manager DATE: February 16, 1 978 SU BJECT: Resolution amending the Wate r Fund Budget The 1978 Water Fund Budg et d i d not provide for the Capital Improveme nts Program since a fina l d ete rm i nation was not made until after the budge t h ad already been approved. As a result, it is necessary at this time t o a mend the budget to provide for the a dd itional expenditures to be incur-re d in 1978. The Water Fund Budget is being amended by the attached resolution in the amount of $2 ,410 ,000 for items listed further in this report. The Home Rule Charter requires in Section 88 if the Council increases the total proposed expenditures by more than 5% another public hearing shall be held as provided in the Charter. Since this r eso lution amends the total budget for 1978 from $13,670,927 to $16,080,927 or 17.63% another public hearing on the bud get is required. The following is a list of items included in the resolution: 1) 2) 3) Improv ement~ $2,342,000 Includes starting the following projects in 1978 -Rehab and e x pand Allen Plant; Overhead reservoir and pump station; Rehab 12" mains on Broadway; Replac e 4" mains in low pres- sure zones; Relocate McL ellan Pump Station; Nor th City storage and miscellaneous equipment -valves, pumps, etc. $25,000 This is for the sett leme nt for alleged bre ach of contrac t by City for not providing for landscaping and fencing around reservoir in Greenwood Village. This was originally budgeted for in 1977; but since an agreement was not reached the funds have to be re-appropriated this year. Broderick Wood Case $10,000 This is for a litigation case against the City wh e reby total claims amount to $26,000 but the City is to be re- i mbursed $16,000 from AMAX. This ite m was also budgeted • I • • ( C ' • • • • Mayor Taylor and Memb ers of the City Cou ncil Resolution amending the Water Fund Budget Febru ary 16, 1978 Page 2 4) for in th e 1977 budget. The claim was not settled and, therefore, needs to be re-appropriated in 1978. Special Water Council $33,000 This is for continuation of legal se rvices in litigation involv i ng City Water Rights. In ord er t hat control be mainta ined over these legal expenditu res, the City Attorney's budget has been amende d in the General Fund, and the Water Fund will rei mb u rs e the General Fund for expenditures incurred for Water Rights. In conclusion, it appears that the Co uncil will have to establish a public hearing date in the near future on the 1978 budget as a re- sult of the enclosed resol ution that amends the total budg et by more than 5%. Sincerely, ~, . ' ' I! /7 .' / ,.· / ? -1 , · l!i~·c P 0:t£c}-,\...- "4\nd¥'" cCown Cit Manager jlw attachment • I • • • • • • ' ------------------- / i~ ;D • MEMORANDUM TO: Bill James, Director of Finance FROM: Stewart H. Fonda, Director of UtilitiesOEPT, OF FINANC .ENGLEWOOD DATE: February 8, 1978 The enclosed table itemizes the major capital improvements program and shows a cash flow for the disbursement of funds for each item. The purpose of establishing this cash flow estimate is to allow for timely investment of the bond proceeds until the bond monies are actually spent on the various projects. More accurate estimates of construction times will be available as the projects are designed and bid . Revenue projections shown on page WEF-8 of the 1978 budget should be 1110d- ified as follows: Account I 65-71 67-12 NA Water Sales Interest on Invested Funds Bond Proceeds Budget 1978 $2,264,970 326,000 6,700,000 Additional items that should be considered for inclusion in the budget for 1978 in addition to thdse monies shown in the enclosed table or the 1978 budget are as follows: Estimated Item Acct. # Cost Justification 1) Banbury Agreement 04 $25,000 Settmement for alleged breach of contract by City against Banbury 2) Special Water Council 01 33,000 Continuation of legal services in litigation involving City water rights. (3) Miscellaneous a) Butterfly valves 03 4,000 20 year old valves leak ( to the point they do not function. b) Motors 02 4,500 Motors to high service pumps ground out during flooding of pump station. (cl Radio at Treatment Plant 03 500 Co11111unicate with ditch riders and handle emergencies at night. d) Vehicle 08 4,000 For use by Director, Utility engineer and Utility inspectors • I • • • • • 0 l 978 Quarter 1979 Quarter JFM AMJ JAS ONO Item Total l 2 3 4 2 3 4 ,< l. Rehab & Expand Allen Plant oJ 4,502,000 120,000 120 ,000 120 ,000 602,000 590,000 590,000 590,000 590,000 1) 2. Overhead Reservo i r1 Pump Stat i on O 503,000 50,000 226,000 227,000 ~11,,3. Rehab 12" Main e,L/ on Broadway 363 ,000 20,000 343,000 4. Replace 4 inch \) ma i ns in low ~ f pressure Zones 273,000 15 ,000 258,000 ~ 5. Relocate ~e Pump Stlti p 6 . Uni on Afenue o 1 Intak e 203,000 203,000 7. North City 9 St orage 1,973,000 373 ,000 Sub Tot a l 8,158,000 196,000 921,00 0 496,000 1,032,000 590,000 590,000 590,000 96 3 ,000 1980 Quarte r l. All en Pla nt 590,000 590,000 7. Nor t h City Storage 533,000 533,000 534,000 Sub Total 1,123,000 1,123,000 534 ,000 • ( • • • • RESOLUTION NO. -----L'I ___ , SERIES OF 1978 A RESOLUTION AMENDING THF. PU BLI C IMPROVEMENT FU D BUDGET FOR 1978 . WHEREA S, the City Coun ci l of the City ot Englewood, Color ado, has a pproved a 1978 Public Imp rovement Fun Budge and WHEREAS, the 1977 fund balance in the PIF Fund is esti mated to be $2 0,000, and WHEREAS, the City Council is desirous of usi ng his fund balan ce to pay in pa r t for r enovating the Miller Building at a total es timated cost of $50 ,0 00, NOW, THEREFORE BE RESOLVED, by the City Council of the Ci ty of Englewood, Colorado, as follows: Section 1. The following es timat ed re ve nue s and appropr iations are hereby made in the Public Improvement Budget. Source of Funds Fund Balance Appropri atio ns Miller Building $20,000 $20 ,000 ADO PTED AND APPROVED this day of A'l'TJ::ST: 1, wi 11 iam o. James, the City of Englewood, Sta e o above is a true, accurate, and Series of 1978. -----·--________ , 1978. Mayor · ex otfic10 Ci y Cler k-Treasurer of Col orado, hereby cer ify tha he complete copy of Resolution o. ex otticio City Cler k -Trea surer • I • • ( • • • - INTRODUCED AS A BILL BY COUNCILMAN fu:J')\J A j, A BILL FOR AN ORDINANCE APPROVING A CONTRACT FOR THE EXCHANGE OF REAL ESTATE WHEREBY THE CITY OF ENGLEWOOD, COLORADO SHALL GRANT CERTAIN PROPERTY TO THE ESTATE OF K. C. ENSOR ANO THE ESTATE OF K. C. ENSOR SHALL GRANT CERTAIN PROPERTY TO THE CITY OF ENGLEWOOD, COLORADO FOR USE AS A PUMPING STATION. WHEREAS, the City of Englewood, Colorado is desirous and in need of constructing a raw water pumping station on property owned by the Estate of K. C. Ensor for the purpose of transporting water from the City Ditch to the McLellan Reservoir; and WHEREAS, the Estate of K. C. Ensor is desirous of ex- changing the property needed by the City of Englewood, Colorado for a parcel of property presently owned by the City of Englewood, Colorado; and WHEREAS, a certa i n parcel of property owned by the City of Englewood, Colorado is unneeded and useless to the City of Englewood, Colorado a s a raw water pumping ~tation ; and WHEREAS, the value of the property to be exchanged is approximately equivalent. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the City of Englewood, Colorado and the Estate of K. C. Ensor shall enter into a contract, identified as Exhibit "A", titled "Contract to Exchange Real Estate," which is attached hereto, cons i sting of twelve (12) type- written pages and is incorporated by reference herein, said instrument providing as follows: 1. That the Ci ty of En gl e wood, Colorado shall grant to the Estate of K. C. Ensor by Warr a nty Deed with excep- tions property as d e s c ribed in Exhibit "B" which reads as fol l ows: • I • • ( • • • - A tract of g r o un d containin g 1.24 acres, more or less, l o cate d in the SE 1/4 of Secti on 31, Township 5 South Range 68 We st of t he 6th P .M., i n Arapahoe County, State of Color a do, de s-cri bed as fo l lows: Beginning at the Southeast corner of Section 31, Townsh i p 5 South, Range 68 West of the 6th P.M.; thence 0°31'00" East along the East line of said Section 31 , on a true bear i n g, a distance of 2147 .8 feet; thence South 84°50'23" West a distance of 399.5 feet; thence South 2°21'37" East a dis- tance of 217.0 feet to the point of beginning; thence North 89°29'00" West a distance o f 290.0 feet ; thence Sou th 0°31'00" West a distance of 170.0 f e et; t hence Sou t h 89°29'00" East a d i stance of 320.0 f ee t; thence North 0°31'00" East a distance of 170.0 feet; thence North 89°29'00" West a distance of 30.0 feet; to the true point of beginning. All located i n the SE 1/4 of Section 31, Township 5 South, Range 68 We s t of the 6th P .M., Arapahoe County, State of Colorado. 2 . That the City of En g lewood, Colorado shall grant to the Estate of K. C. Ensor sub stantially the same property a s previously described bu t sa i d p r opert y to be gran t ed by Qu i t Claim Deed for t he p urpos e s of clearing tit l e as s hown on Exhibit "C ". 3. That the Es t ate of K. C. En s o r shall grant to the City of Englewood, Colorado p roperty as described on Exhibit "D" which reads as fo l lows : A part of the SW 1/4 of Se ction 32, Townsh i p 5 South, Range 68 West of the 6th P .M., Arapahoe County, State of Co l orado, described as follows: Beginning at the Southwest corner of the NW 1/4 o f the SW 1/4 of said Section 32 ; thence Nort h 89°26'49 " East along the South line of the NW 1 /4 o f t he SW 1/4 of s aid Section 3 2, a distance of 483 .43 feet; thence North 0°31'31 " We s t 732 .3 7 feet; thence So u th 81°15 '31" East 522 .00 feet; thence South 72 °49 '31" Eas t 513.00 feet t o a po int on the Westerly right of way l ine of S t a t e Highway 85; thence North 21°11' East along the We sterly righ t of way li n e o f S tat e Hi ghway 85 a di stance o f 649.76 f e et; t h e n ce Nort h 87°14'51" West 124.97 fee t t o the tr u e poin t of beginning; thence Sout h 21 °37'49 " Wes t 1 00.0 feet; thence South 68°2 2'11" East 4 1.0 fe e t to the c e n te r l i ne of Ci t y Ditc h; thence Northeasterly along th e ce nterl i ne of the City Ditch 102 .0 fee t ; thence North 6 8 °22 '1 1 " We s t a dis - tance of 5 0 .0 f e et to t h e p oint o f beg in n ing, ex c ept the Ely. 25 ' t he r e o f, wh i ch is ex isti ng Ci t y Di tc h R .o.w . Said parce l con t ai ns 0 .047 Acres ~- -2- I • • - ( • ( • • • • 4. That the City of Englewood, Colorado shall retain ·an easement over certain portions of that property granted to the Estate of K. c. Ensor. 5. That the equipment contained within the pumphouse on the property to be granted to the Estate of K. c. Ensor shall remain the property of the City of Englewood, Colorado subject to removal upon written notice to the City of Englewood, Colorado. 6. That each of the parties shall pay for the cost of title insurance on property to be received by them. 7. That each of the parties shall grant free and clear title to the other. • 8. That closing shall be within Sixty (60) days of the effective date of this Ordinance or Ninety (90) days subject to extension, should there be a defect in the title of either party upon approval of the grantee of said property. 9. That the City of Englewood, Colorado shall have an easement over the property of the Estate of K. c. Ensor for convenient access to the parcel described in Exhibit "D" until written notice is given of termination. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the Mayor of the City of Englewood, Colorado, to the City Council of the City of Englewood, Colorado and the Director of Finance, ex officio City Clerk-Treasurer, attest the same and execute the Warranty Deed and Quit Claim Deed, as well as the contract to exchange property and any other documents necessary to perfect title in the Estate of X. C. Ensor, and furthermore, those documents necessary to receive that property to be granted by the Estate of X. c. Ensor to the City of Englewood, Colorado. Introduced, read in full and passed on first reading on the th day of , 197 . Published as Bill for an Ordi nance on the , 197 . Mayor -3- • th day of I • • ( 0 • ( • • • • ~----·--- 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 the Bill for Ordinance, passed on first reading on the th day of , 197 and published as a Bill for Ordinance on the th day of , 197. ex officio City Clerk-Treasure r -4 - • I • • n n - ( ( • • • - EXHI BIT "A" CONTRACT TO EXCHAN GE REAL ESTATE THE PARTIES hereto intending to b e legally bound agree as follows: 1. The City of Englewood, a Colorado Municipal corporation agrees to grant to the Estate of K. C. Ensor by Warran ty Deed, attached hereto, incorporated by reference and identified as Exhibit "8 11 , the property described therein, and substantially t h e same property by Quit Cla im Deed, attached hereto, incor- porated by reference, and identi fi ed as Exhibit "C". The Estate of K. C. En sor agrees to grant to the City of Englewood by Persona l Representative's Deed, a ttached hereto, incorporated by reference, and 1dent1fied as Exhibit "D", the pro perty des- cribed therein. The parties agree tha t the value of the respec- ti ve properties is equal. 2. Any of the gra nts described herein specifically exclude any equipment located wi thin the pumphouse, to-wit: pumping equipment, controls a n d other equipment and devices used in conjunction with t he pumping equipment, which shall be removed at the expense of the City o f Englewood prior to .June l, 1978. 3. Possession of the premises shall commence at c losing except possession of the pumphouse. The Ci ty of Englewood shall continue to have such access as is necessary to maintain, protect, conserve, move, repair or o therwise util ize the equip- ment within said pwnphouse until p o ssession of the pumphouse is turned over to the Estate on June 1, 1978. 4. The Esta te may select the exte rior brick color of the pumphouse to be built on the property transfe rred from the Estate to the City from five colors submitted by the Ci y o the Estate. The brick exterior walls shall extend to the height of the proposed roof vent1lators and the landscaping shall screen t he transformers . The building shall be landscaped in an attractive manner, t he City us ing its best efforts consiste nt with the surrounding s intended. • I • • I r:, ( ( • > ) • • - 5. Each of the parties shall pay for the title insurance ~o l icy on t he property to be received by t hem. 6. The pa rt ies shall c l ear or ob t ain the release of all taxes and lie ns of any t ype or na t ure on the property to be granted to the othe r, wh ether payable before or after c losing. 197 7 real esta te taxes shall be prorated to the date of closing and paid to t he City of Eng lewood ·at that time. 7. Title shall be merchantable 1n ea c h of t he gra nters. Any defec t shall be cured within Ninety (90) da y s of notice thereof and c losl ng sha ll be continued Ninet y {9 0) days to cure sa1d defect. The grantee shal l have the option of whethe r to continue t he clos ing an additional Ninety {90) days to cure any defect on t he p roperty to be rece ive d. 8 . Closing s h a ll be wit hin Sixty (60) days o f the effective d ate o f the Ordinance approving the e xchange at the time and place designated by the City of Englewo o d . 9 . The Ci ty o f Englewood and its as signees and designees shal l be enti tl e d t o use t he e a sement de scribed i n an agree- ment dated Ap ril 23, 1964 between t he Ci ty of Englewood, Colorado and K. C. Ensor and Edna Ensor, for con venient a ccesa o v er t he prope rty owned by the Estate of K. C. En so r an d the City of Englewood sh al l be notified in writing, to the City Manager of the City of Eng lewood, that the easement will terminate One (1) year from the date of said wr itten no t i ce , b ut under no c ircumstan c es shall an y other eas em ent be affected hereby unle s s spec if ically identifi ed . 10. Upon approva l by the City Council of the City of Englewood by Ord inance . and\the £state of X . C. Ensor, thia contract shall be binding upon the parties hereto , their heirs, assigns and s uccesso rs . 11. The City o f Englewood shall in addition, during t he course o f const r uction of any pumping house located on the pro- perty described in Exhibit "D'', have an ease~ent for con struction -2- • I • • lo n - \ • • • • purposes, consisting of an addit i onal On e Hundred (1 00) feet in width on the sou the r ly and wester ly s ides of t he grant. The City of Englewood and the Estat e of K. C. Ensor shall cooperate during construction to insure that noun- due hardship exists or 1s created for the other. Upon completion of construction, the City of Englewood shall be responsible for cleaning up the construct1on easement and putting the ground in a s imi lar condition as that prior to the commencement of construction. 12. This agreement shall survive any subsequent grant described herein so muc h as is necessa ry to fulfill the terms of this agreement. lN WITNESS WHEREOF, the said City of Englewood has caused its co rporate name to be he reunto subscribed by its Mayor, and its corporate seal to be hereunto affixed, attested by its ex officio City Clerk-Treasurer, the ~day of 197_ ATTEST: ex officio City Clerk-Treasurer CITY OF ENGLEWOOD, COLORADO a Muni cipal corporation MAY OR IN WITNESS WHEREOF, the Personal Representatives ~ave r hereunto set their hands and seals the -~day of .=?=<& c ,y 197[__. / ' /---~, -·-· -· ~./''C.-<..,~; ""·~,!"_.. ... 1 /,.. :,..,. ,, ,"Y 11 < ·-~ ,/ ~,, /A., / ....... : e,/./.,.._ -3- /' 7 ~ ...... -s,.~ -/ .4-/ , ~f/,'~h 17\ · 4/,N .;• Ena R. Ensor, Personal Representati v e I :.j. ; .: ! : l •• '...f lo. • I I I I f ·" ! I .... "t ·, • ,:..,, Mary Edith Wilkins, Representative Personal . f/ . • • , I ' ~ ( ._......_ \~ Kenton C. Ensor, Pezsonal Represe n ta ti ve /1 • I • • r:, • • - ~~ /y,u ~~ Cp-J0-:%(7J' • 0 I . . . I , ~ • • - M E M O R A N D U M TO: FROM: DATE: SUBJECT: Andy Mccown , Ci t y Ma nage r Robe rt R. Holme s , Chief o f Po l ice Fe br ua ry 16 , 1978 SENATE BILL NO . 72 As you r eques ted , th i s memo randum i s being s ubmitted t o brin g to your attention my op i n i o n and the pos iti o n of the Co l o r ado As soci a tion of Chiefs o f Po li ce r ega rdin g Se nate Bi I I No . 72 . The Colorado Chiefs o f Po li ce , the Reg i o na l Law Enforcement Association and myself persona lly we r e in strument a l in th e development of Senate Bi I I 72 and a re s tron g s upp o rte r s o f it. As you reca l I, app r ox i mate ly 10 years ago the s t at e legi s lature enacted t he Po l i ce Officers St a ndard s and Trainin g Ac t which requires every po li ce o f ficer in th e s t a t e to be certified. Ce rtification requires t hat an office r rece ive a minimum o f 400 ho urs of classroom trainin g f o l l owed by 40 ho urs o f o n-the -j ob tra i ning within one year of hi s h iri ng date . The tra inin g mu s t be thro ugh a ce rtified trai n ing academy . The Co lo r ado La w Enfo r cemen t Trainin g Academy (CLETA ) in Golden has been designat ed a s a certifi e d academy re s pons ibl e for this t raining. Howe ver, CLETA ha s never been a dequate l y fun ded a n d i s g r oss l y limited in its capab ili ti es and has no t bee n ab l e t o p rovide the necessa ry trainin g . Oth e r ci ti es s uch as De nv e r, Pueb l o , Co l o r ado Sp rin gs , La kewood, and Jefferso n Co unty have de ve lop ed their own academies which are certified. The RLEA ha s a l so deve lop ed a n academy whi ch t he Eng l e wood Po lice Depart- me nt has bee n us in g . Al I of these a c adem i es r ece ive s ome reimbursement, b ut there s i mp l y i s no t s uffi c i e nt mon ey to ope r ate them a l I adequately. Fo r a num be r of years , a l I of these organization s ha ve been lobbying the leg is l a ture to provide more mon ey from the genera l fund, but have not been very s uc ce ss ful. Th erefor e , thi s bi 11 wa s deve l oped t o relieve the common taxpay e r o f th e fun d i ng burden and r equ i re the violat0rs wh o require thu mo s t po li ce u ftort s t o pay for the ruquirec.J t r ain in g . Th i s b i 11 mean s a gre at dea l t o t he) City o f En~;l e wood , as the s tate wi 11 be pr o v i d in r.i a deq udie t rue tra inin g (excep t for o ffi ce r s ' s alary) for a ll Eng le wood ba s i c tra inin g thruugh CLLT A and RLLA ncademi e . The s e aca demi es in the pas t ha ve buc n s upµo rtcc.J thro ugh vo l uni · r , un pa id in st ructors . Many o f these i ns tr-u cto r s have bee n s upplied by th e 1::ng l e wo o d Po li ce Department. Se nate Bi I I 72 wi I I pr ov i de su ffi c i en t f ul 1-ti rr~ pa i d in s tructors to r e li e ve us of thi s expensive burden . I t wi I I a l so pr o vide funds for o ur own academy, if in t he futu r e s uc h a n academy wi 11 be nec es s a r y . I • • n ( I J \ • • • • -2- I r e alize the r e wi 11 be s ome minor adm i n i s trative c osts in co ll e ct i ng the mo ney. How ever , i t th i s i ~ a c o nc ern to the c ity, I woul d s uggest that pe rh aps an ame ndment t o the b i I I t o a l l ow s ome reimb urs ement to the cou rts ma y be a better c o ur s e tha n oppos iti o n t o the bi I I a s a wh o l e . I have provi ded a cop y o f the b i II for yo ur re v i e w. ~~e;;z:~ Ch i ef of Po l i ce • • I • • In C) 0 • • • • LOO 110. 78 0220/1 Second Regu l ;:ir Session SENATE BILL llO. 72 Filly-first G en eral As sembly STATE OF COLORADO SEC'Y. C8fil) PRESS EXEC BY SENATOR McConnick, also REPR£SEt1TATIVE Sho el'lar.er. CXf E 1:~T'P. JA~ 1 7 1~,ts ______ ....;., __ _ JUDICIARY REF COM A BILL FOR All ACT --------- 1 co:lCEIUtnlG A LEVY OF SPECIAL PEW\LTY ASSEss:mlTS TO Fl'.IA:ICE 2 TRAit1I:;G FOR LA:./ UlFO Rc rnmr PERS0 :1:1:L Bill Sur.imary (Note: This surriary aoplies to this bill as introduced and does not n c c~ss a r1lv reflect anv a ~2 nd~ents wh 1c:, n a v t e ~eguently c.c o:i:ed:J ~ --~ - Imposes a special penalty assess:r.ent in any case 11he re a fine is i l'l r os c d following a cri ~inal co nvictio:i, t he proceeds to be forwar d e d to the state treasurer for cre d it to a fo:,d s ubject to appropriati on for the training of l aw enforce~e nt personnel. 3 Be !l enact~d ~ the General Asscr.bly of the State of Colorado: 4 SECTI0:1 1. 13-10-113, Colorado Revised Statutes 1973, is 5 amended BY THE ADD IT 10 :1 OF A !!Ell SUBSECT 10 :1 to read: 6 13-10-113. Fines and pen a lties. (4) All fines for 7 convictions of r~ni c i pa l ordinance violations ir.iposed pursuant to 8 the provisio n s of t his s ec tion exceeding ten dollars shall be 9 subject to t he a ddit i o n of the s pe cial pe nalty asses sr.i ent of two 10 dollars or ten pe rc ent . whichever is greater. as authori!ed by 11 12 part 6 of a rticl e 11 of titl e l G. C.R.S. 1973, s ub ject to t he a dd itional pro vision s a nd li r.i itations th e r e in. All s~:h sr c cial C orita l le t!rrs im!,rate 11e"'· material tn hr c :!,!t·d to l'.ti"!ir.g Jtntute . I )..; ,l:c-1 r::,, 1.1 :: :: ti c' tt (PdJ 11 :rl;c ,.:: .'t ' ,',·.'t ·: ,, •1: \ .' .. 1.1 :•1 t' t ! •. ·=~: j ·~:::. :~ • I . • - • • • - 1 penalty assess.ment proceeds shall be renitted to the state 2 treasurer at least quart erly. for credit to the law enforcement 3 trainin~ fund created un de r section 24-32-613, C.R.S. 1973. 4 SECTiml 2. Article 11 of title 16, Colorado Revised __.,5.----<iStatutes 1973. as al'll!nded, and as further anended by Session Laws 6 of Colorado 1977, is ar.W!nded BY THE ACDI TI0:1 OF A r;rn PART to 7 8 9 10 11 12 read: PART 6 SPECIAL PEIIAL TY ASSESS1 '.El t'T AUTUORIZEO 16-11-601. Special penalty assess ..-.en t. (1) l~ith respect to any conviction of an offense for which a fine is i~posed under any penalty assessment or by any court, there shall be inposed a 13 special penalty assessment in the amount of ti-10 dollars or ten 14 percent, whichever is greater, of every fine."'' penalty, ~ 15 LfeFfeitu.r~ inposed and collected by any s t ate court. the Denver 16 county court. or any rr.unicipal court in this state. 17 (2) Yhere multiple offenses are involved. the special 18 penalty assessment shal 1 be based upon the ,tgt,al ff11~ 01 11mett"t 19 ~ for all offenses. \.!hen a fine is suspended in whole or 20 in part, the special penalty assessr;ent shall be reduced in 21 proportion to the suspension. flo special penalty assessment 22 shall be imposed when the total fine is ten dollars or less. 23 (3) When a penalty assess ~e nt notice is issue~ pursuant to 24 law. the anount of the penalty assess ne nt shall be increased by 25 26 the amount of the special pena lty as sc ss ::c nt i ~p osed by this sect ion. -2- • 0 \_ I I • • 1 2 3 4 5 6 7 8 9 10 11 12 13 (j l4 15 16 17 18 19 20 21 22 23 24 25 26 0 • • • - ·---.. ------·- (4) After a detcrr.ii r.atio n by the court of the a~ount due, the cl erk of the cour t sha 11 co11 cc t an d tra nsni t such ar.ount to the state treasurer, to be cre dited to the law enforce:nent training fund establi sl1ed un der section 24-32-613, C.R.S. 1973. Such transr:1ittals shall be nade no less frequently than quarterly. SECTION 3. 24-3 2-61 0, Colorado Re vised Statutes 1973, is amen~~}~~ ~-,C::;'~L ~~ ~32-610. Rei n~u ~s~~c nt for training exoenses. (1) One hundred percent of t ~c tuition, fees, ro an , board, and related .expenses required for c r,tif_!~ation of peace officers at the basic classification r e~uired by this pa rt 6 shall be paid by appropriation from the c;c nera 1 fund AH O FROM THE LI\'.~ E:IFO RCD-:EflT TRAHII !;G FUND ESTl\!'l LI S!IC::O U:IDER SECTIO ;I 24-32-613, whether such training is provid ed by t he Colora do law cnforcer.ent training acade ny or AtlY other sta te or local go ve rn r.ent acade r.y certifi ed by the advisory boarcl to meet training and curriculu:n require:ients establis ~e d by the bo ard ; except that no othe r certified state or local go vernment acad eny shall be rei mb urs ed pursuant to this sect i on in an aMount per pea ce officer great e r than that due the a cad r ;·.~, for tuition and relate d expenses. (2) EXPHISES FO~ OTH C:R miHH:IG A??RCl'/EO BY TI I E SO ,iR D II AY ALSO BE RE IMSURSED CY :,PPP.'.)Pf!IATI 0:1 FRC'.·I TIIE GE!IE?.!.L ru::n A:::J FROM TI I E L I\\.I E!IFORCD:~·:T TR,\I:H:I G FU:l'l . SECTIO '.I 4. Part (, of article 32 of title 24, Colora do Revised Statutes 1973 , as a;,ie nded by Session La·,1s of Colo raco -3- • I • • In n • • • • 1977, is ,me nded BY TIIF. A.1 '.JITIO'.I OF A r;r:1 s ;:cTio:1 to read: 2 24-3 2-GlJ. Fu ~d cre~~ed. (1) The 1J'd enforcenent training 3 fund is he reby cre.:it ed i n t he office of the state treasurer, 4 which fu n~ shall be cre dit ed wit h r one ys rec ei ved as a result of 5 the bpos it ion of t lic special pe r.:i lty <1 sses sr.:e nt app 1 i cd under 6 part 6 of article 11 of t i tle 16, C.R.S. 1973, to: 7 (a) Section 13-10-113, C.R.S. 1973 , with respect to fines <> 8 and penalties under r.:unicipal ordin an c e s; 9 (b) Section 42-~-1 501.5, C.P..S . 1973, with respect to 10 fines, pena lty assessP.ent s, ..aD,d. ,forfai~dres relating to 11 ·violations of mot or vehicle operation and ~,nership provisions. 12 (2) Proceeds shall be appropriat ed fr ~" said fund annually 13 to the de partment of loca l affairs for training of peace officers 14 who qualify for tra ining at the law cnforce,i ent training acade ny 15 an d for r ei~burse rent of expenses of trainin g in any other state 16 or local govern~ent facilities certified by the advisory board 17 purs:.i an! t o section 24-32-610. 18 SEC TI01 5. Part 15 of article 4 of title 42, Colorado 19 Revised Statutes 1973, as amended, and as further a~e nded by 20 Session Laws of Col orado 1977, is a ~ende d BY THE ADnITIOH OF A 21 IIE\I SECTr 0:1 to read : 22 42-4-1 5~1.5. Snecial__pena lty as 5es5-~nt authori:cd. (1) 23 With re s pec t to any conviction of a traffic offense s:.ibject to a 24 25 fine und t:r sec tion ~2-4-1 50 1, there sh ::11 be i11 rosed, in addition to any ot he r penalty a:;sess:nent pr .:w i dr d by l.!w, a spec i al 26 pena lty assessne nt of two do ll ars or ten pe rcent, whichever is -4- • ) 0 I • • • • • ------·-------~ 1 greater, to all fin es ~.ii ic h exceed ten dollars. as authorized by 2 part 6 of article 11 of title lli , C.R.S. 1973. subject to the 3 additi o:-1J l provisfons <end limitations t he rein. All proceeds frori 4 such s ;i~cial penalty as se ss~nts shall be remitted to the state 5--i-r-easurer, aneas-i c;uart e rly, for credit to the law enforcement 6 training fund created un ~·J r section 24-32-Ci13, C.R.S. 1973. 7 S[CTIO~ 6. Effec tiv ~ da te -a ~~l i c~b ilitv. This act shall ·~--~~~-.....____,;;;~ 8 take effe ct July l O 1~7 8 , ~n d shall ~jl;ily to acts co::imitted on or 9 after U :J t date. 10 SE CTI0:1 7. Safetv cl a use. The general asser.ibly hereby 11 finds, ce termines, a ~d de clares that thfs act is necessary for 12 the i ~:~d iate preservation of the public peace, health, and 13 safety. (~-' 0 I • • -5- • •