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Home My WebLink About1978-03-06 (Regular) Meeting Agenda• • 0 CITY COUNCIL MEETING -REGULAR March 6, 1978 • • ( • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MARCH 6, 1878 /) _,/ 7:30 P.M. Call to order, invocation by F-aeher Kappas, All Souls Church, 4950 South Logan, pledge of allegiance by Boy Scout Troop #92, and roll call. 1. Minutes. ' ' ,~(11 5 Minutes of the regular meeting of February 21, 6. ~" 1978. (Copies enclosed.) ',.)/ 'jh~ \ (b) Minutes of the special meeting of February 27, 1978. (Copies enclosed.) 2. Pre-Scheduled Visitors. (a) (b) -4(/. Mr. Robert Irvin and Mr. William Gorham of Kutak , Rock and Huie, will be present to discuss a Resolution relating to Porter Memorial Hospital Bonds . (Copies enclosed.) Mr . John Criswell, Criswell and Patterson, will be present to discuss a recommendation r f-1 J./ _, ,, from the Planning and Zoning Commission meeting of February 22, 1978 concerning Mr. Rex T . Garrett, 1451 West Tufts Avenue . (Cop ies enclosed .) 3. Other Visi t ors. 4. Cormnunications -No Action Recommend ed. (a) Minutes of the Planning and Zo ning Commission meeting of February 7, 1978. (Copies enclosed.) (b) Minutes of the Library Board meeting of February 14, 1978. (Copies enclosed.) (c ) Minutes of the Board of Career Service Cormnis- s ioners meeting of February 16, 1978 . (Copies enclosed.) • • I • • ( ( ( • • • • Page 2 March 6, 1978 Agenda / 4 . Commun ications -No Action Recommended (Continued). (d) Minutes of the Parks and Recreation Commis- sion meeting of February 9, 1978 . (Copies enclos ed.) (e) Recommendation from the Planning and Zoning Co mmission meeting of February 22, 1978 con- cerning Little Dry Creek Flood Con trol. (Copie s enclosed.) 5 . Communications -Action Recommended . (a) Minutes of the Water and Sewer Board meeting of February 28, 1978 with the following recom-mendations : (b) (c) ('' l • (i) .Jt 1 '1 (ii~ ~ ., ' Resolution amending water tap assessment inside and outside the City of Englewood ; Supplement #8 Valley Sanitation District; (iii) Request from Ground Water Appropriators , A of the South Platte River (G.A .S .P .) to least 1,000 acre feet of water; and (iv) ,.... ,. ., Amendment to Connector's Agreement with South Arapahoe Sanitation District . (Copies enclosed.) Memorandum from the Municipal Court Judge to Mayor Taylor and Members of Council concerning the appointment of Richard N. Graham as Associa te Judge . (Copies enclosed .) Memorandum from t he Director of Finance to City Council conce rning receipt of annexation petitions. (Copie s enclosed.) 6 . City Attorney. Ordinance on Final Reading . (a) Ordinance creating Paving Di strict No. 2 5, order i ng the construction and ins ta lla tion of street and alley paving, curb and gutter and sidewalk improve- ment ; providing for the issuance of bonds in payment for said improvements; providing for notice to con- tractors and other details. (Ordinance and Memorandum from Director of Public Works enclosed.) • I • • " • - -""=""T===""====--= '--"-...;c...:._:_____...c..::...:.:;.:;:.:..:..:::~::::::::_c:::====~===-----------~ • Page 3 March 6, 1978 Agenda 6. City Attorney (Continued). (b) Ordinance relating to "promotions" within the classified service of the City. (Copies enclosed.) Bills for Ordinances . (c) Bill relating to general exceptions from the • 1 .!-'requirement for sealed, competitive bids for purchases of connnodities, supplies, and equip- ment in excess of one thousand dollars ($1,000). (Copies enclosed.) (d) i {" Bill authorizing automobile wrecking yards and junk yards as a conditional use. (Copies enclosed.) Resolutions . (e) ,Jr. I Resolution accepting a deed from Arapahoe County quit claiming any interest the County may have in Baker Park. (Copies enclosed.) (f) Resolution approving the agreement between the City of Englewood and the State Department of Highways, Division of Highways, State of Jr '!,~ Colorado, relating to Federal Aid Urban System Project M 1513(1), for modification of traffic signals on Broadway from Yale to Hampden, City of Englewood. (Copies enclosed .) Other Matters. L,/"'(g) Attorney's Choice . 7. City Manager. (a) Memorandum from the Director of Finance to the City Manager concerning telephone bids . / (Copies enclosed.) (c) Resolution requesting U. S . Highway 285 (Hampden Avenue) between South Broadway and Santa Fe Drive be designated as a princ ipal arterial . (Copies enclosed.) Manager's Choice. V.1-·~ ,, ( I • • - • • • • Page 4 March 6, 1978 Agenda 8. General Discussion. ~ (a) Mayor's Choice . ...,<..l. ~ I-\..I A-.-0 (b) Councilman's Choice. 9. Adjournment. ()_~~ ~-Ci,VVYL.e<)./' J~ E. tlJRNES Acting Ci Manager • lj -·-'- I • • • • • I '; ' \ ) I I ..... o.f-~ -1 Moved Seconded Ave Nay Abstain Absent Wi 11 irirs _J ---+---+---------"""'1 I !Johar ' sm, t r, u-:-_-+l ___ ....._ ______ -+------i Haro~r I Clavton I Mann I i.---~1-----4-.M"',a=y~r Ta xr?u'---+---1-------------, ) /. -J) ) .. ) l-..1 I lyf')' " J ./ J I., I ~(I/. .. l , I) / j I• ( I ,I ~; ,.. J I ''-, J I • • • • • -• • Moved Sec~nded Na Abstain Absent I I a ~ .. / / I . . • • • - • • ROLL CALL M ed S ov d d eco:in e A ve N ay Abt 1 s a n Ab t sen I/ Wi11 i?'"S __ _[ V I w .. i.. .. r / ~ Sm1tn i..i-_ ~ Hara1>r V Clavton V V Mann f V Mayor Ta y)_?U V I • I • • \ • • • - • • Moved Sec()nded Ave Nav Abstain Absent Wi ff"; Pr:---;---:r ,__. WPhPr ' I,,,"' :im1tr, IA" I /,,,,""' -1./" lfarnPr I I/' Clavton l v-- I/ Mann I V Ma yor Ta y]_:r -1 I/ l I • I • • • • - • • Moved Sec'Jnded Wi 11 i ?!r.S -_ .• .J Aye Nav Abstain A bsent I IJ .. h .... :im1tr, 1-lr--. Harno>r Clavton Mann Mayor Tay]_?U ' ~ A i(l,,v 21 I t ~.~/?, ~ , / J I ,/<(r;r ~ ) /. II " ')/.J ' I' I ' 1~.;,. '-./1 l ~.,/ > I,,., /1 ~ .... J) , . { I l!L (J-~j 1/~l'/lu .. • I • • • • • - • • - H d S ove d d ecnn e A ve N av Ab sta n Ab t sen V Wi 11 i ?le~ ---:r /_/ ' l.lahar i.-- :im1tr,~1 v"' l,brn~ I // Clavton I I.,,"' V Mann I ,.,.. May~.!:_ Ta yJ:U v-- • I . • • • • • • Moved Seconded w1 fn ?r.:s--=:_~J Aye___. Nav Abstain Absent V 1 Waka : ,__-- :im1t n £.4,--"' I..--- ~'\rD~ v-- ./ Clavton ·--V Mann _J_~ Ma y12r Ta y_1_~Ll ~ c:J (. ) ., 1}.., ux..L(f. I lj-' . °":11:c 1 -./•t , . ../'..l ~ (.I .I.;, -, ~( -, ) / ' l • ' 'l { 'J/11-.,) r ... ) :J c::--~ ..,> ' ) ,r ... ;~ / "' I rl ' ) t1 I ' ) I" ,O / /. l ~ ' c..A..,,/ J .:::.... 7: 3 C--- I I' t d )I I '~ " , ,,< V /.) '( I '-1 I l ... 2 of ·-- I . • • • • • ROLL CALL Moved Sec,nded A ~:r Nav Abstafn Absent WiP'fP r.;5 Wais.a~ :im1tr, L+---· Haro~ Clavton Mann Ma .y_or Ta y]_:!:.i t1.. I I 'l') 'I l@ I I } j)I ,I ,.; / . '/ /._ I _,I·' c.l ~ ) ,, ,,,.,, 1-1.,. ( If l / ~ ~ / I , r. '1' I ~ I. ..) .~ ~, 4 ~ ' '. ( {;_ t :J.; -4 Ill 'i,( ~ J (A, tvo..-1 CJ.• I J ' . .J ~ } ' L ..,;. 'I t Lu . ,I I' I,> J 11 1 • , I • • • • • -• •' • RO LL CALL M ed S d d A Ab Ab t N OY econ e ve av sta n sen Wi 11 i PJr.S ·-:r - IJ<>h<>r ' :im1tr, u.-- Harn~ Clavton Mann MayorTay'l_-:i r ·1 (/ ,,l t4 J{ ;; k_ I I ) I I I ~ A .J / I I I v I.. i v -;,,.,>' l ') /J I C,t I • I I (.. I. u ) / ,? -; )._, • I . • • • • • ROLL CALL M eel S OY d d econ e A ve Nav A bsta n Ab sent Wi 11 i i'ir.!5·-~:r I Unh..,r ' :im1t r, 1A-" -Haroer Clavton Mann Ma yor Ta v_l _?U I • • • • • - • • RO LL CALL Moved Sec'lnded Ave Nav Abstain Absent Wi11~?1l"S -· .l V Wfthft" ,,_. :im1tr, L,,r'"" ....... V lfarn .. r ,/ Clavton V' V Hann ! t/ Ma_yor Ta y)_::Q ..,,,. • I . • • • • - • • Moved Sec'.lnded Ave Nav Abstain Absent Wil1 iPr.-s =:r- Uahar ' / :im1tr, IA-- V Harno>r - l/ Clavton Mann 1 Ma y_or Tay]_:Ll z I • • \ • • • - • • Moved Sec,nded Ave Nav Abstain A bsent Wi 1 1 i ?Jr.S _-T v 1.1 ......... ' L," Sm1tr, £..+-' ·--Harm:•r -1 i7 - 1/ -Clavton I~ V Mann L.~ Mayor Ta Y.r:r I ,_,,.. /., (; U ~/ / 1) ~1.,c,,, ~ -.)'.f ) '. /) d rJ> / / ( -, / ~ e ) /1/bl 7 1u { 4) V I,_ -- • I . • • • • - • • M ed S OY d d econ e A ve N av Ab sta n Ab t sen V Wi fG ?~S =-~:1.~ u ......... ! ~ Sm1tr, 4-_ I - ~aro~ V -Clavton ,,,,... V Mann I V Ma y ~!_ Ta y]_?Ll V • I • • • • • -• • RO LL CALL Moved Seconded Ave Nav Abstain Absent Wi 11 i ?rrs ---~~ w .. h .. r ' -~ :im1tn u.-,.,,,,.. V -v---ll>1rntr_ Clavton .- '-" Mann I .-::;;;;; Mayor Tay]_?U 1/ ..jJ (a.J (1 v) • I . • • • • • Moved Sec~nrlM"" Ave Nav Abstain Absent V Wi 11 i ?!r.S __ f v' w-... -~ ' ,-- Sm1tn u::;:;:;.-i----· -ll;irn~ ,.- V Clavton ,.- Mann I WI"' May_~!:_ Tay]_?U , ~ I t./ \.. - • I • • • • - • • • • • ROLL CALL Moved Secondl'd ~ Nay Abstain Absent r---'-'-'""""'-;;;....._,,.......:;.=c...c"'-=~-;--:-7W,.i 11 i ?rr..; ___ J_._,... ....... .;c.....-r-----'~-"-'-'"-r----~--------, Waha,. : 1-----11----+-.;:;:im.::..11:....:tcc:r'_.::.L.L-F--·+----+----+------11------i Haro~ Clavton ·---+----+---+-----t-------; 1------11-----+-7,M;---a~nn~~ l <-------''-----__.__M,a-"y-~r Ta yX:iu---+----1f-------,...-----i ../ (cJ ) If· /; ( .~ ,.J l {,)1,;. a ' , 1.-I •, ) .I t.. ./ V • I • • • - • - ROLL CALL Moved Sec'lnded Ave Nav Abstain Absent Wi1 1 1 ?~S =-~T v Uaha~ l --:im1t r, (-C---,_.- V Ha .. n~---Clavton ~ .I,? Mann I ·-Ma yor Ta yJ:U , .-- ) J /I /)• • I . • • • • -• • Moved Sec()nded Ave Nav Abstain Absent ,.-Wi1 , 1?r."S ·-:r 17 Wfth"'r V !>m 1tr, -,, V --Haroer V V Clavton ,7 Mann 1 I/ ,. Mayor Ta y]_!U 1/ /' f D I . • • • • Moved S d d A ec'ln e Wi1 '1?rrs-__ f ~ ay s a n sen I,,," N Abt 1 Ab t WPhPr v--/ .:,m_1 t r, ~ V ~ .V Haro!rr_ V" I/ Clayton ~ Mann 1 ,,,... ~Ma.')'_or Ta ,r_l_~.c_j_ V"" ) c--/., I I ( ......... D I . . • • - • • ROLL CALL M ed S d d ov ec!ln e ve ay s a n sen Wi flt rr.-s =._.=J W<>h<>r : A Ab t N Abt f sm1tn ...,..--~ Haroer 1,..,-' Clavton Mann I Ma_yor T~]_?c.l_ J .L >t ( "11...., 3 :L C 0 .._, J,,'c..t._ -) (/_ft --- } ) ,( /,,( "' ') J I .i"...., f/,~;{ • \ I c._ Q,"'/)...(, J • • I . • • • • • RO LL CALL M ed S d d ov ec!>n e ve ay s a n sen WiPti'r.:s --:1 WPhAr A Ab t N Abt 1 :im1_cr, -~ _ Holroer Clavton Mann ' r.a~or Ta y_1_1.c.J )) ,/ l / ...,/ cl } I If(./ J () tJ -/,,o )~ i } .-I'. I (' l I . ~J,, (_ 'I ) i )v ..__....A ~, d..__ Ir ./ q . 2-0 I . • / • • • • • ROLL CALL M ed S OV d d ec()n e A ve N av Abt 1 s a n Ab t sen Wi f f'1r r.:~-_::_~J V I IJDhDr I ~ :im1tr, i.-r--,.._ Hara~ v-- Clavton v-- Mann ....... Ma .>'.or TaY:)_:U v v--. • • I . • I • • -• • RO LL CALL M ed S OY d d ec'Jn e A ve Nav A bsta n Ab sent Wiff::?rr:~~f V 1 Wftl.ft~ ' ......... sm1tn ~~ "" -V' Haro!!L --· V J/ Clavton ..... Mann I L, r-'5Y.Or Ta yX?U V 0 (£) I &,Yl I), .. • • I . • / • • • • • Mov@d Sec'lnded -· v Wi 11 i i'!rS _ _J u .. h .... I :,m1tn ....,. -MArn~ Clavton 1./ Mann Mav_or Ta yJ:r u)~.)<I ~ -~~J-< • • • Ave Nav Abstain Absent i.--,__., -i.--,.,.. ,._.... ,,..- I . • / • • -• - RO LL CALL M ed S d d A Ab Ab ov ec~n e _:.r= Nav sta n sent Wi 11i?r.:s ,.._ WPhPr ' I,,,' :>m1t n L-1--V"' _,, '--HarD!tl:_ 1./"' V Clavton Lr' Mann I i..,, Ma y or Ta yr-_:u L--"" ,/' &A. ) J__ ) ~ /_ ,, / "t) '+1 v I .('6 • I . • / • • • • • M d S ove d d econ e A ve N av Ab sta n Ab t sen Wi11 i?r..:; ~J V Wahar ' ~ :im1tn ~ V -i.--lfarn,::,r V' V Clavton ~ Mann V"' May_or Ta .}'.}_?U ,~ • I . • / • • • -• • - M ed S ov d d ec'ln e -A. ve N av Ab t 1 s a n Ab t sen V"" Wi f 1 i i'~-s :::__J ,...... l.lahar ' _. Smf t r, u--i..- ~'lrD~ ,._....... Clavton -i..----Mann V Ma:~or Ta yX::ci ~ It ') • I • • \ • • - 0{c ) J ) M ed S OY ec()n l _/.,1 ) • • - d d e A ve Nav A bsta n Ab sent W i 11 ~ i'.E2.._ __ .r Unhn~ ' :im1t r, lJ.-- Harner Clavton Mann [_ f"~orTayt~ -' ,~ f ~- I ./. / ,.... yJcttl....t >..., llj I I.. l ,. /._/ I J , -0 I I I I I/ { /. fi_/' .,_J I~ /) I . . • • • • ROLL CALL M d S ove d d ec()n e A ve Nav A bsta n Ab sent V Wi P iP rr.s _._.J V Uah.a~ ~ :im1tr, LJ--L,,' Harn .. r v-- 1-Clavton ,,,..- Mann I V Ma yor Ta y]_?U v 7 ()_, // V; C , ).. , <; I .,:;_;..t> < __,,, t ( ' t" ( ., • • I . • • • Moved J/ 7 }; ) • • • • • • RO LL CALL Seco:>nded Ave Wi11i?rcs · J ,~ WPhP"' ' :im, tr, , .v---_ . Marn~ ,_-- Clavton I/' V Mann ~ May_~r Tay)_:U ~ /-V-Jo -) Nav Abstain Absent ,,,,,,,- L--- I . • • • • • ROLL CAL L M d S ove d d econ e A ve Nav A bs ta 1n A bsent Wif~?r.-~-~-~:r- I \Jo h o r :imitr, (....f--Haro ~ Clavton Mann I .I May_~r Ta y]_or_J_ 7 -I "'--(q. /. ~j) v l-/ ' '---. ,J , / )J / ' ( ) "', ') , /. _,_ .,. /i t -- -~ T I' )_ v j / '1 I/ )) ' ) . ,,, IJ.h ), l ,/ -, I ) I ~ ,/' ,, ' ~ ') I .) f ) ) ,. ' . ,, k~ ''{ ' ;1u 1' i. ""e:"'/ I ,< I i '>'.. I I /1 ' .. ,) d . ;;, J J / '-I l .. " ,_ I • • i.l '} ,A,, I ,-./,-ti J >-. )} ' I ) )) /1 ~ /(): fl S- • • • • • • • la. . COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 21, 1978 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 21, 1978 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order . The invocation was given by Councilman David Clayton. The Pledge of Allegiance was led by Boy Scout Troop #154. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . Absent: None. The Mayor declared a quorum present . Also present were : City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Director of Engineering Services Diede Director of Libraries Lute Director of Finance/City Clerk James Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEE TING OF JANUARY 30, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays : None. The Mayor declared the motion carried. * * * * * * • I • February 21, 1978 Page 2 • • • COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 6, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Williams , Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Ron Rinker of Barker, Rinker, Seacat Architects, Inc., 1770 Blake Street, Denver , appeared before the Council and discussed the Englewood Library r e novation bid opening held February 14, 1978. Mr . Rinker stated that the bidding was on sub-contracts with 19 sub-s ections b id upon . Mr. Rinker stated the total of the low bids was $130,561 and is below the architects construction estimate of $135,993. COUNCILMAN CLAYTON MOVED THAT THE CITY COUNCIL ACCEPT THE SUMMARIES PROVIDED BY THE STAFF OF THE LOW BIDS AS PRESENTED. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fo l lows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays : None. The Mayor declared the motion carried . * * * * * * Pre-scheduled visitor Rick Arber of CH2M Hill Consult- ing Engineers, 12000 E. 47th Avenue, Denver, appeared before the Council and discussed the bids submitted for the construction of the McLellan Raw Water Pumping Station on February 14, 1978. Mr. Arber stated that two bids were submitted and the lower bid was from Grimm Construction Company, Inc. for $236,910. Mr. Arber stated this figure was still within the budget limits even though the engineers estimate was $196,000. Ther efore, he recommended that the City accept the bid from Grimm Construction Company, Inc . City Manager Mccown informed the Council that the or- dinance to acquire the land for the pump station must be acted upon first before the Council can accept the low bid • • I • • • ( (f • February 21, 1978 Page 3 • • - COUNCILMAN SMITH MOVED TO TAKE AGENDA ITEM 68 AN ORDINANC E ON FINAL READING APPROVING A CONTRACT FOR THE EXCHANGE OF REAL ESTATE BETWEEN K. C. ENSOR AND THE CIT Y OF ENGLEWOOD OUT OF OR DER . Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann , Taylor . Nays : None . The Mayor declared the motion carried . 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 ESTATE WHEREBY THE CITY OF ENGLEWOOD , COLORADO SHALL GRANT CERTAIN PRO- PERTY 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. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 4, SERIES OF 197 8 ON FINAL READING. Councilman Clayton seconded the motion. Up on a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clayton , Mann, Taylor. None . Th e Mayor declared the motion carried . COUNCILMAN MANN MOVED TO ACCEPT THE ESTIMATE OF $236,910 FOR CONSTRUCTION OF THE MCLELLAN RAW WATER PUMPING STATION . Coun- cilman Williams s e conded the motion. Upon a call of the roll, the vote resulted as f ollows : Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Taylor . Nays : Council Member Mann. The Mayor declared the motion carried . * * * * * * • I • • • February 21, 1978 Page 4 .. • • - Pre-scheduled visitors W. Braden a nd James Graham from Swedish Hospital, appeared before the Council and discussed their request that the City issue Industrial Revenue Bonds for Swedish Hospita l in the amount of $15 million. COUNCILMAN SMITH MOVED THAT THE ABOVE MATTER BE PLACED ON THE AGENDA FOR MARCH 6, 1978, DURING THE REGULAR 5 :00 P.M, STUDY SESSION. Councilman Weber seconded the motion. Councilman Clayton asked for the City Attorney's opinion and ruling on whether he could participate in voting on this mat t er since his wife is employed by Swedish Hospital and if this would pre sent a conflict of interests. City Attorn ey Berardini stated that Counc ilman Clayton could vote on the motion to place the matter on the study session agenda and he did not foresee any further problems. Counci lm an Cl ayton stated that he would vote on the motion and requ ested the City Attorney provide him with a more definitive answer on his participation hereafter . Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None, The Mayor declared the motion carri e d. * * * * * * Pre-scheduled visitors represent i ng t he South Santa Fe Drive an nexation were not present. * * * * * * Pre-scheduled visitor Ron Loflin of Interna t ional Con- tainer Compa ny, appeared before the Counc il and i ntroduced Jerry Knight, Corporate Officer of ICC, 1603 Wolver i n e, Decatur, Ala- bama. Mr . Knight discussed a request to present to Council a pro pos al for the placement of litter recept acles in the cor-porate limits of Englewood. Councilman Smith requested that Mr. Kni ght provide a list of the cities that are currently using the containers and a sample of the container to the Director of Public Works Kells Waggoner, - I • • February 21, 1978 Page 5 • • - In answer to City Manager McCown's question, Mr. Kn ight stated that the City would be responsibl e for picking up the gar- bage and ICC would be responsible for the maintenance of the con-tainers . In answer to Mayor Taylor's question, Mr. Knight stated that t h ere is no minimum number of containers required and ICC is willing to negiotate a contract for any number of years that t h e Co uncil desires. Mayor Taylor thanked Mr. Knight and informed him that the Council would contact him later if the Council decides to p u rsue this matter any further. * * * * * * Mayor Taylor asked if there were other visitors who were not pre-scheduled but wished to spe ak to the Council at this time . No one replied . * * * * * * COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEARING ON PAVING DISTRICT NO. 25. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor , None . The Mayor declared the motion carried . Mayor Taylor asked if anyone was in favor of the paving district and if so to come forward to appear before the Council. No one from the audience replied. City Manager McCown transmitted the results of a tele- phone survey taken of the owners in th e 4100 block of South Huron S treet to determine wh ether or not they wanted to remain in the paving district. City Manager Mccown stated that four property owners pr ef erred to remain in the paving district; two had no preference but agreed to go along with the maj ority ; and one property owner could not be contacted. * * * * * * Mayor Taylor asked i f there was anyone against the paving district. • I • • February 21, 1978 Page 6 • • - Councilman Smith entered into the record a petition sign ed by 2 7 property owners of th e 3200 block of South Dela- ware protesting their inclusion into the paving district, Councilman Smith entered into the record a letter f rom Glenn W. Dodson, 1705 Park, Great Bend, Kansas, prot esting the paving of the 3200 block of South Delawar e . Councilman Smith entered into the record a letter from Mr. and Mrs. M. Lopez, 3265 S. Delaware ob jec ting to the paving district . * * * * * * The Clerk entered into the reco rd a letter from Ms . Mariann e Scofield, 645 South Washing ton Circle, protesting the inclusion of South Washingt on Circle into the paving district. The Clerk e ntered into the record a petition signed by 39 property owners protesting the inclusion of the 4100 block of South Elati into the paving distr ic t . The Clerk entered into the r e cor d a petition signed by 95 property owners prot esting the inclusion of Union Street into the paving district . * * * * * * Lawrence Ke ndall, 4690 South Gran t, appeared befor e the Council as spokesman for the group protest ing the pav i ng of Union Street i n Paving District No. 25. Mr. Kend all stated his group does not feel t h e street needs to paved at this time. Mr . Kendall reca lled the stree t was resurfaced not long ago at the City's expense and querie d the Council on why the street should be in -cluded in a paving district, Director of Public Works Waggoner appeared before the Council to answer Mr . Kendall's ques tion. Director Waggoner stated that storm sewers wer e placed in the street a fe w years and the repair afterw ards was to susta in the street until it could be placed into a paving district, Mr . Kendall also stated that many residen t s in th is area are senior citizens on a fixed income and the assessment costs wou l d be too much of a fi nanc ial burden for them . * * * * * * • I • ' • February 21, 1978 Page 7 • • • Mr. Harold Jones, 3285 South Delaware, appeared be f ore the Counc il to request that the 3200 block of South Delaware b e d e- leted from the paving district. Mr. Jones referred to the peti- tion that was entered i nto the record earlier. Mr. Jones also stated that the residents could not afford to pay th e assessment costs. Councilman Mann requested the Director of Public Works Waggoner to restate what the City's costs we r e to maintain the 3200 block of South Delaware annually. Director o f Public Works Waggoner stated the costs run approximately b etween $2,000 -$4,000 annually as reported f rom the Street Sup erintendent. Councilman Clayton requested Di r ector of Engineering Services Diede to locate a report prepared on the base of this street. In answer to Councilma n Clayton's question, Director of Public Works Waggoner stated that the 3200 block of South Dela- ware has never been placed i n a paving district before . * * * * * * Beverlee Howe, 3255 South Delaware, appeared before the Council and prot ested the paving of the 3200 block of South Dela- ware. Ms. Howe attri buted the maintenance expense to the length time she has witnessed crewmen take repairing the street rather that t he cost of mate rials. * * * * * * Betty Bolis, 7010 South Platte Canyon Road , Littleton, appeared before Council and stated that she and her husband own ed property at 4700 South Sherman with Union Stree t runn i ng on the north side of the property. Mrs. Sherman stated that they did not object paying for the curb and gutter but objected to paying for the assessment of paving the street. Mrs. Sherman stated she thought the street was in good condition and did not need to be paved. * * * * * * G. B. Story, 4 1 50 Sou th Elati, appeared b efore Council as spokesman f or the group protesting the paving of the 4100 block of South Elati. Mr. Story refer red to the petition entered into the record earlier as representing all of the property owners • I • • • February 21, 1978 Page 8 • • • with the exception of one landlord. Mr. Story stat ed that his group did not thi nk the street needed to be paved at this time, * * * * * * Mr. Notz, 4703 South Sherman, appeared before the Coun- cil and stated he protested the paving of Union Street. Mr. Notz stated the street only needed curb and gutter installation and asked the Council if a curb and gutter could be constructed with-out paving the street. Director of Public Works Waggoner stated the only time a curb and gutter is installed by itself is in a sidewalk district. Director Waggoner stated that it was not City policy to only install a curb and gutter in a paving district. * * * * * * Director of Engineering Services Diede returned to the Council Chambers with a report on the fin~ings of South Delaware. Director of Public Works Waggoners read from the report stating the tests were taken in 1972 by Henry Durant and the results show l 1/4 to 2 inches of asphalt and no base, * * * * * * William Hayden, Union and Logan Streets, appeared be-fore Council and protested the paving of Union Street. * * * * * * Mayor Taylor asked if there was anyone else wishing to speak in favor or against the paving district. No one replied. * * * * * * COUNCILMAN MANN MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays : None. The Mayor declared the motion carried. * * * * * * • I • • n • (f February 21, 1978 Page 9 • • • COUNCILMAN SMITH MOVED TO TAKE AGENDA ITEM 6A -AN OR- DINANCE ON FINAL READING CONCERNING PAVING DISTRICT NO. 25 -OUT OF ORDER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried, * * * * * * INTRODUCED AS A BILL BY COUNCILMEMBER CLAYTON BY AUTHORITY ORDINANCE NO. 3, SERIES OF 1978 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. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 3, SERIES OF 1978. Councilman Smith seconded the motion. COUNCILMAN MANN MOVED TO POSTPONE ORDINANCE NO. 3, SERIES OF 1978 UNTIL THE NEXT REGULAR COUNCIL MEETING, MARCH 6, 1978. Councilman Williams seconded the motion . City Manager McCown requested the Director of Public Works to appear before the Council and state the time schedule planned for the paving district. Director of Public Works Waggoner stated that plans and specificat ions are projected to go out April 10; the notice to contractors and bond sale is projected to go out April 3; and the permit cut-off date is prior before April 3. Director of Public Works Waggoner then asked the City Attorney to comment on the time schedule for the paving district. City Attorney Berardini stated it would b e possible for the Council to amend the ordinance on March 6th with publi- cation in its amended form March 8th ; pass the fi nal ordinance on March 20th with publication on March 22nd and still stay with in the timeframe planned fo r the letting of bonds on May 1st . I • • Febr u ary 21, 1978 Page 10 • • - In answer to Director of Publ i c Works Wa ggoner 's question, City Attorne y Berardini stated that the Council did not have to hold another public hearing if the ordinance wa s postponed . Mayor Taylor recognized a visi tor in the audience who had r a ised his hand to speak. William Hayden, Union and Logan Street, appeared be- fore the Council and asked the Council to consider t he peti- tions bef o re passing the ordinance. Councilman Clayton clarified the motion tha t was on t he floor. Mr, Hayden thanked Councilman Clayton and apologized to the Council. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Co uncil Members Williams, Harper, Clayton, Mann, Taylor. Council Members Weber, Smith . The Mayor declared the motion carr ied; informed the audience that the ordinance will be heard again on March 6th and welcomed everyone to attend the meeting. * * * * * * Mayor Taylor decla red a recess at 9 :10 p.m. The Council reconvened at 9 :30 p.m. Upon a call of the roll, the fol l owing were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Ta ylor. Absent: None . The Mayor declared a quorum pr esent . * * * * * * "Communications -No Action Recommended" on the agenda were rec eived: (a) Minutes of the Englewood Hou sing Authority meeting of January 4, 1978 • • I • • - • • • • - February 21, 1978 Page 11 (b) (c) (d) Minutes of the Board of Adjustment and Appeals meeting of January 11, 1978. Minutes of the Planning and Zo n i ng Commission meeting of January 17, 1978. Minutes of the Denver Regional Council of Governments meeting of January 18, 1978. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH. 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. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDI- NANCE ON FIRST READING. Councilman Mann seconded the motion. Councilman Williams objected to the probationary period requirement for a promoted employee. lows: Upon a call of the roll, the vote resulted as fol- Ayes: Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 9, SERIES OF 1978 RESOLUTION APPOINTING HAYDN A. SWEARINGEN, ESQ., ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 9, SERIES OF 1978 . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. • I • • n ( Febr uary 21 , 1978 Page 12 Nays : Non e . • • - The Mayor declare d the motion ca rr ied. * * * * * * Ci ty At t orney Be rar dini info r me d t he Counci l his in- vestigation into the ownership of the Duncan Park shows the land belongs to the school and wa s lease d to the City in August of 1968 , for a period of twenty-f i ve years. COUNCIL MAN CLAYTON MOVED THA T THE COUNCIL REFER THE MATTER OF THE POSSIBILITY OF NAMING THE SOUTHWEST GREEN- BELT TO J OHN RO TOLO TO THE PARKS AND RECREATION DEPARTMENT. Councilman Ma nn second e d t h e motion. Upon a call of the roll, the vote resu lted a s f o l lows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor d e clared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Publ i c Works concerning the Broadway Signal Control-ler Updat i ng. COUNCILMAN MANN MOVED TO APPROVE THE CONTRACT FROM YALE TO HAMPDEN FOR THE MASTER AGREEMENT FOR FEDERAL AID-URBAN SYSTEMS AND THE CITY OF ENGLEWOOD . Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as fol-l ows : Aye s: Council Members Williams, Weber, Smith, Harper , Clayton, Mann, Taylor. Nays : None. Th e Mayor declared the motion carried. * * * * * * Ci t y Manager Mccown requested that agend a item 7b" Mem orandum from the Director of Finance to the City Manager con- c e rning telephone bids" be delayed until the latter part of the meeting. Council agreed, * * * * * * 1 I I • • n n - l February 21, 1978 Page 13 • • - City Manager Mccown presented a memorandum from the Director of Engineering Services to the Director of Public Works concerning four more concrete sidewalk and curb repairs in addi- tion to the previous list submitted to Council on February 6, 1978 . COUNCILMAN CLAYTON MOVED TO INCLUDE THE FOUR ADDITIONAL LOCATIONS IN THE LIST OF SIDEWALKS TO BE REPAIRED. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None . The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from Admini- strative Assistant Hugh Brown concerning the Fire Department's re- quest for an out-of-state trip for training purposes. City Manager Mccown stated the training seminar is being sponsored by the National Fire Academy and is being conducted at Rapid City, South Dakota. City Manager Mccown stated Fire Chief Beeson is requesting that Assistant Chief Braunreiter attend this seminar. COUNCILMAN SMITH MOVED THAT CHIEF BRAUNREITER BE ALLOWED TO ATTEND THE SEMINAR IN RAPID CITY, SOUTH DAKOTA. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. City Manager McCown stated the staff is preparing a comprehensive tra ining program for all City employees and present plans are to submit the program to Council at the next regular Council meeting . * * * * * * RESOLUTION NO. 10, SERIES OF 1978 A RESOLUTION SUPPORTING SENATE BILL 46 RELATING TO POLICE AND FIRE PENSION FUNDING. I • • Februa ry 21, 1 978 Page 14 • • - COUNC I LMAN CLAYTON MOVED TO PA SS RES OL UT ION NO. 10 , SERI ES OF 1978. Councilman Weber seconde d t h e motio n. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Williams, Weber , Sm ith , Harper, Clayton , Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 11, SERIES OF 1978 A RESOLUTION OPPOSING HOUSE BILL 1095 RELATING TO CIGARETTE TAX. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 11, SERIES OF 1978. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 12, SERIES OF 1978 A RESOLUTION OPPOSING HCR 1004 RELATING TO TAX EXEMPTION OF RE- SIDENTIAL PROPERTY. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 12, SERIES OF 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resul t ed as follows : Ayes : Nays : Counc i l Members Williams, Weber, Smith, Har p er, Clay t on, Mann, Taylor. Non e . The Mayor declared t he motion carr i ed. * * * * * * RES OLUTION NO. 13, SERI ES OF 1978 A RESOLUTION TO OPPOSE SENATE BILL NO. 43 RELATING TO HIGHWAY USERS TAX FUND. • I • • - February 21, 1978 Page 15 • • COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 13, SERIES OF 1978. Co uncilman Mann seconded the motion. Councilman Harper stated he was against the concept of dividing up sales taxes and labeling certain parts of it to go to certain parts of government beforehand. Ayes : Council Members Williams, Weber, Smith, Clayton, Mann, Taylor. Nays: Council Member Harper. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 14, SERIES OF 1978 A RESOLUTION OPPOSING SCR 2 RELATING TO SHARING OF PROPERTY TAX REVENUES. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 14, SERIES OF 1978. Councilman Harper seconded the motion. Upon a ca ll of , the roll , the vote resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays : None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 15, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 GENERA L FUND BUDGET, AND ESTABLISH- ING THE POSITION OF INSURANCE CLERK AT GRADE 2 . COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 15, SERIES OF 197 8. Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes : Council Member Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . Nays : None. The Mayor declared the motion carr ied. * * * * ..,.( * • I • • ...... February 21, 1978 Page 16 • - RESOLUTION NO. 16, SER IES OF 1978 A RESOLUTION AMENDING THE 1978 WATER AND GENERAL BUDGETS. City Manager Mccown stated this resolution prov ides fo r the cost of improvements to the water system are to be made; provides for the settlement of the Banbury agreement ; provides for the settlement of the Broderick Wood case ; and provides fo r an additional $33,000 for professional wa te r counsel. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 16, SERIES OF 1978, Councilman Mann seconded the motion . Ayes : Nays : Council Members Williams, Weber, Smit h, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 17, SERIES OF 1978 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND BUDGET FOR 1978. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO . 17, SERIES OF 1978, Councilman Smith seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton , Mann, Ta ylor . Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * City Manager Mccown discussed Senate Bill No . 72 which provides for the taking of a municipal court fine over $10 .00; assessing a $2.00 surcharge to that particular fine ; and rebating the money to the State. City Manager Mccown stated the State in turn places the money into a training fund for police officers. City Manager Mccown stated the administration would like to support the bill ; however, the staff would recommend the bill be amended to include some amount of money for the City administrative costs incurred in collecting the fines and rebating them to the State . • ) I • < February 21, 1978 Page 17 • • • COUNCILMAN SMITH MOVED TO SUPPORT SENATE BILL NO. 72 . Councilman Weber seconded the motion. A lengthly discussion ensued on the program, the fund- ing of the program, and the need for more information on the plans for expansion of the program. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Harper, Taylor. Council Members Williams, Weber, Smith, Clayton, Mann. The Mayor declared the motion defeated. * * * * * * City Manager McCown discus sed a staff recommendation for a portion of the General Fund Balance. City Manager Mccown stated the staff would like to recommend establishing a Revenue Adjustment Fund that would be used as a source to supplement revenues in the General Fund when there are fluctuations in revenues and as a result cause a disruption of current service levels. City Manager McCown further stated that this fund could be used to defray tax increases, such as property tax, etc. The Council and City Manager Mccown discussed the advantages and disadvantages of establishing such a fund . COUNCILMAN SMITH MOVED THAT THE COUNCIL INSTRUCT THE CITY ATTORNEY TO DRAFT AN ORDINANCE ESTABLISHING A REVENUE CONTINGENCY FUND BASED ON THE RECOMMENDATibN FROM THE STAFF WITH A BALANCE OF $500,000. Councilman Weber seconded the motion. A lengthly discussion ensued on the connation of a contingency fund; how the balance would be derived and appropriated; how the f und would be replenished; the desire to allocate more mo ney into the PIF; the apprehensiveness o f tieing up money in a contin- gency fund versus spending the money on programs and projects with- in the City; and the need for more in depth study on this recom- mendation . Councilman Smith withdrew his motion and Councilman Weber withdrew his second to the motion. Mayor Pro Tern Mann adjourned the meeting at 11:20 p.rn. • I • • < • SPECIAL MEETING : • • • COUNCIL CHAMB ERS CITY OF ENGLEWOOD, COLORADO Febru ary 27, 197 8 10 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on February 27, 1978 at 7 :30 p.m, Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman Donald Smith. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call. Upon a call of the roll , the following were present: Council Members Williams, Web er, Smith, Harper, Clayton, Mann, Taylor . Absent : None. The Mayor declared a quorum present . Also present were : City Manager McCown Assistant City Manager Curnes Assistant City Attorney DeWitt Director of Community Develop- ment Wanush Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PUBLIC HEARING. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays : None. The Mayor declared the motion carried. * * * * * * • I • • February 27, 1978 Page 2 • - City Manager Mccown stated the purpose of the public hearing was to consider three separate ordinanc es up for final reading . The first ordinance authorizes the City's Planning and Zoning Commission to approve conditional uses and establish procedures for various types of automobile and junk yard opera- tions. The second ordinance authorizes wrecking and junk yards as a conditional use in the City's Zoning Ordinance . The third ordinance adds automobile and junk yards as a permitted use sub- ject to certain restrictions. City Manager McCown asked the Director of Cormnunity Development Rich Wanush to present the ordinances in more detail . Director of Community Development Wanush appeared be - fore Council and discussed the historical process that has evolved and finally led to the Planning and Zoning Commission recommending the passage of the above ordinances. Director Wanush explained in detail each ordinance and the Commission's general philosophy behind them . At the request of Councilman Clayton, Director Wanush pointed out what new and possi b le areas in the 1-1 district could be established as junk yards. Director Wanush stated three areas abutt R-2 zones . * * * * * * Mayor Taylor opened the discussion to the visitors present. Mayor Taylor asked if anyone was i n favor of the or- dinances. Samuel Vardeman, Vardeman and Sons, 1985 W. Baker, appeared befor e Council and spoke in favor of the ordiances . At the request of Mr. Vardeman, Director Wanush explained the definition of conditional use . Mr. Vardeman stated the ordi - nances would permit him to construct a building in which he could conven iently work and be protected from the weather. * * * * * * Cary Strauss, ABZ Trucking Salvage, 1922 W. Warren, appeared before Council and spoke in favor of the ordinances. Mr. Strauss stated the ordinances would permit him to construct buildings whereby he could better organize his business. Mr. Strauss thanked the Council for their help and time in establish- ing these regulations. * * * * * * David Stoner , Stoner Wrecking Yard s , 2960 S . Shoshone, appeared before Council and stated he was in favor of the ordi- nance because it would permit the construction of buildings and • I • • February 27, 1978 Page 3 • • - remodeling of e x isting buildings so they could better compete with oth er businesses . Counci lman Clayton stated h e thought the ordinan ces were a step in the right direction; however, he suggested that the ordinance re ferring to the I-1 district be amended to pro- tect the R-1 and R-2 neighbori ng districts. David Stoner, 2960 S. Shoshone, reap peared be fo re Council and stated he thought the Planning a n d Zo n i ng Comm i ssion would use their discret ion on these matters as set out by the ordinance under the cond itional uses and he was against adding extra v er - bage that could later be miscontrued. Cary Strauss , 1922 W. Warren Ave., reappear ed b efore Council and i nqu ired how the amendment would affect his pro-perty. Ass istant City Attorney DeWitt and Dir ector of Com- munity Development Wanush pointed out that his proper ty backed up to an I -1 district and not a residential z on ing district . * * * * * * Mayo r Taylor asked if anyone would like to speak against the ordinances. No one replied. * * * * * * In answer to Councilman Clayton's question, Assist ant City Attorney DeWitt replied that the ordinance ref e rring to I-1 district would h ave to be republished in i ts amended form, but the Council would not have to hold another publ ic h ea r i ng on it . * * * * * * COUNCILMAN ,MANN MOVED TO CLOSE THE PUBLIC HEAR I NG. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Williams, Weber, Smith , Harper, Clayton, Mann, Taylo r. Nays : None. The Mayor declared the mot ion carried. * * * * * * • I • • In ,.. February 27, 1978 Page 4 • - INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 5, SERIES OF 1978 AN ORDINANCE REPEALING AND RE-ENACTING SECTION 22.5-21, ENTITLED, "CONDITIONAL USE", AND AMENDING SECTION 22.8, ENTITLED "DEFINI- TIONS", OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. IJ26, SERIES 1963, AS AMENDED) BY AUTHORIZING THE CITY PLANNING AND ZONING COMMISSION TO APPROVE CONDITIONAL USES AND ESTABLISHING PROCEDURES AND REQUIREMENTS THEREFOR. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 5, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Mayor Taylor stated that since the meeting was an official public hearing and a special call meeting, the Council has the prerogative of passing or postponing the ordinances until a regular Council meeting. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayt on, Mann, Taylor. Council Member Williams. The Mayor decla red the motion carri ed . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH. BY AUTHORITY ORDINANCE NO. 6 , SERIES OF 1978 AN ORDINANCE AMENDING SECTIONS 22.4-13, ENTITLED "I-1 LIGHT INDUSTRIAL DISTRICT', OF THE CITY COMPREHENSIVE ZONING ORDI- NANCE (ORD. #26, SERIES 1963, AS AMENDED), AUTHORIZING AUTO- MOBILE WRECKING YARDS AND JUNK YARDS AS A CONDITIONAL USE. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 6, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. COUNCILMAN CLAYTON MOVED TO AMEND ORDINANC E NO. 6, SERIES OF 1978 TO INCLUDE AFTER SECTION 22.4-13 h. (1) (a) (1) THE FOLLOWING : (2) ANY AUTOMOBILE WRECKING YARD OR JUNK YARD APPROVED PURSUANT TO THE PROVISIONS OF THIS • I • • • ( February 27, 1978 Page 5 • • - ORDINANCE OR ANY EXISTING AUTOMOBILE WRECKING YARD OR JUNK YARD EXPANDED UNDER THE PROVISIONS OF THIS ORDINANCE, SHALL BE SET BACK NO LESS THAN 150 FEET FROM THE BOUNDARY LINE OF ANY RESIDENTIAL OR RESIDENTIAL-PROFESS IONAL ZONE DISTRICT . AND THE SUBSEQUENT CONDITIONS BE RENUMBERED (3), (4), AND (5). Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber, Harper, Clayton, Taylor. Council Members Williams, Smith, Mann. The Mayor declared the motion carried. Upon a call of the ro ll, the vote on the original motion resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Taylor. Council Member Williams, Mann . The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SM I TH . BY AUTHORITY ORDINANCE NO. 7, SERIES OF 1978 AN ORDINANCE AMENDING SECTION 22 .4 -14 b., ENTITLED, 'PERMITTED PRINCIPAL USES' 1-2 GENERAL INDUSTRIAL DISTRICT, OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. #26, SERIES 1963 AS AMEND- ED) BY ADDING AUTOMOBILE WRECKING OR JUNK YARDS AS A PERMITTED PRINCIPAL USE, SUBJECT TO CERTAIN RESTRICTIONS. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO . 7, SERIES OF 197 8 ON FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith , Harper, Clayton, Mann, Taylor. • I • • • February 27, 197 8 Page 6 Nays : • • - Council Members Will iams, Weber. The Mayor declared the motion carried. * * * * * * Mayor Taylor adjourned the meeting at 8 :30 p.m. • I • • • - RESOLUTION NO.~~• SERIES OF 1978 A RESOLUTION SUPPLEMENTING ORDINANCE NO. 1, SERIES 197 8, AND MAKING CERTAIN FINDUlGS AND DETERMINA- TIONS, PROVIDING FOR THE FORM AND TERMS OF, AND THE PLACE OF PAYMENT FOR, THE CITY'S HOSPITAL REVENUE BONDS, SERIES 1978 (PORTER MEMORIAL HOSPITAL PROJECT) AND ITS SPECIAL OBLIGATION BONDS, SERIES 1978; PROVIDING FOR THE APPLICATION OF THE PROCEEDS FROM THE SALE OF SAID BONDS TO THE PURCHASE OF THE FIRST MORTGAGE NOTE NO. 1 AND THE SPECIAL OBLIGATION NOTE, RESPECTIVELY, OF PORTER MEMORIAL HOSPITAL; AUTHORIZING THE FORM, TERMS, EXECUTION AND DELIVERY OF A MORTGAGE AND SECURITY AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND PORTER MEMORIAL HOSPITAL PROVIDING FOR THE PAYMENT OF THE FIRST MORTGAGE NOTE NO. 1 AND THE MORTGAGING OF CERTAIN REAL PROP ERTY OF PORTER MEMORIAL HOSPITAL TO SECURE PAYMENT OF TH E FIRST MORTGAGE NOTE NO. l; AUTHORIZING THE FORM, TE RMS, EXECUTION AND DELIVERY OF A SECURITY AGREEMENT BETWEEN THE CITY AND PORTER MEMORIAL HOSPITAL PROVIDING FOR THE PAYMENT OF THE SPECIAL OBLIGA- TION NOTE AND THE GRANTING OF A SECURITY INTEREST IN CERTAIN INCOME OF PORTER MEMORIAL HOSPITAL TO SECURE PAYMENT OF THE SPECIAL OBLIGATION NOTE; AUTHORIZING AND PROVIDING FOR THE PAYMENT OF THE HOSPI TAL REVENUE BONDS, SERIES 1978 (PORTER MEMORIAL HOSPITAL PROJECT) AND THE SPECIAL OBLI- GATION BONDS, SERIES 1978 BY THE PLEDGE OF REVE- NUES DERIVED FROM THE MORTGAGE AND SECURITY AGREEMENT AND TH E SECURITY AGREEMENT, RESPEC- TIVELY ; AUTHORIZING THE FORM, TERMS, EXECUTION AND DELIVERY OF A TRUST INDENTURE BETWEEN THE CITY OF ENGLEWOOD, COLORA DO AND THE COLORADO NATIONAL BANK OF DENVER , DENVER , COLORADO, AS TRU STEE , PROVIDING FOR THE PAYMENT OF THE HOSPITAL REVENUE BO NDS , SERIES 1978 (PORTER MEMORIAL HOSPITAL PROJECT) AND ASSIGNING THE CITY 'S RIGHT TO PAYMENT ON THE FIRST MORTGAGE NOTE NO. 1 AND OTHERWISE UNDE R TH E MORTGAGE AND SECURITY AG REEMENT TO SAID TRUSTEE FOR THE BENEFIT OF THE HOLDERS OF SAID BONDS; AUTHORIZING THE FO RM, TERMS, EXECUTION AND DELIV- ERY OF A TRUST INDENTURE BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND FIRST WISCONSIN TRUST COMPANY , MILWAUKEE , WISCONSIN , AS TRUST EE , PRO- • I • • ( ( • • • • 2 VIDING FOR THE PAYMENT OF THE SPECIAL OBLIGATION BONDS, SERIES 1978 AND ASSIGNING THE CITY'S RIGHT TO PAYMENT ON THE SPECIAL OBLIGATION NOTE AND OTHERWISE UNDER THE SECURITY AGREEMENT TO SAID TRUSTEE FOR THE BENEFIT OF THE HOLDERS OF SAID BONDS; AUTHORIZING THE FORM, TERMS, EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT WITH RESPECT TO THE SALE OF THE HOSPITAL REVENUE BONDS, SERIES 1978 (PORTER MEMORIAL HOSPITAL PROJECT) BY THE CITY TO THE INITIAL PURCHASERS THEREOF, AND THE FORM, TERMS AND ACCEPTANCE OF AN INDUCEMENT LETTER IN CONNECTION THEREWITH: AUTHORIZING THE FORM, TERMS, EXECUTION AND DELIVERY OF THE BOND PURCHASE AGREEMENT WITH RESPECT TO THE SALE OF THE SPECIAL OBLIGATION BONDS, SERIES 1978 BY THE CITY TO THE INITIAL PURCHASERS THEREOF, AND THE FORM, TERMS AND ACCEPTANCE OF AN INDUCEMENT LETTER IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION AND CIRCULATION OF A PRELIMINARY AND A FINAL OFFICIAL STATEMENT WITH RESPECT TO THE SALE OF BOTH ISSUES OF SAID BONDS BY THE INITIAL PURCHASERS THEREOF TO SUBSEQUENT PURCHASERS: AUTHORIZING THE FORM AND EXECUTION BY THE MAYOR OF A LETTER AUTHORIZING MILLER & SCHROEDER MUNICIPALS, INC., ON BEHALF OF THE CITY, TO SUBSCRIBE FOR CERTAIN DIRECT OBLIGA- TIONS OF THE UNITED STATES IN ORDER TO EFFECT ONE OF THE PURPOSES FOR WHICH BOTH ISSUES OF BONDS ARE BEING ISSUED, AND RATIFYING SAID ACTION OF MILLER & SCHROEDER MUNICIPALS , INC .; AND RELATED MATTERS. WHEREAS, the City of Englewood, Colorado (the "City"), desires to promote and stimulate the provision of more adequate hospital care for families and persons within and near the City: and WHEREAS, the City Council of the City passed Ord inance No. 1, Ser ies 1978 (the "Bond Ordinance") on first reading on January 3, 1978, and on second reading on January 16, 1978, approving and authorizing the iss uance of bonds to be entitled • I • • - ( • • • - "City of Englewood, Colorado, Hospital Revenue Bonds, Series 1978 (Porter Memorial Hospital Project)" (the "Revenue Bonds") and the issuance of bonds to be entitled "City of Englewood, Colorado, Special Obligation Bonds, Series 1978" (the "Special Obligation Bonds") (the Revenue Bonds and the Special Obliga- tion Bonds be i ng collecti vely referred to as the "Bonds"); and WHEREAS, the Bonds are authorized to be and will be issued under and pursuant to the provisions of Article 3 of Title 29 of the Colorado Revised Statutes of 1973, as amended (the "Act"), which provides that the forms of the Bonds and certain terms thereof must be set by the City in either an ordinance or a supplemental resolution; and WHEREAS, Porter Memorial Hospital, a Colorado nonprofit corporation (the "Hospital") has, within the past several years, acquired and constructed from its own funds certain hospital facilities (the "Project") constituting a project under the Act, which Project is located wi thin eight miles from the nearest point of the corporate limits of the City; and WHEREAS, the Hospital desires to be reimbursed for the cost of the Project as permitted under the Act; and 3 WHEREAS, the Hospital desires to refinance its outstand- ing First Mortgage Bonds, 1975 Series, issued in the principal amount of $8,000,000 (the "First Mortgage Bonds") and its • I • • ( • • • - Direct Obl igation Notes, 1975 Series, is sued in the principal amount of $5,000,000 (the "Direct Obligation Notes") both issued to finance hosp i tal facilities constituting a "project" under the Act, which hospital facilities are located within eight miles from the nearest point of the corporate limits of the City; and WHEREAS, the Hospital desires to obtain a portion of the funds for the aforesaid purposes by issuing and selling to the City its First Mortgage Note No . 1 (the "In itial Note") issued under and secured by a Mortgage and Security Agreement dated as of February 1, 1978 (the "Revenue Bond Secur ity Agreement") by and between the City and the Hospital; and WHEREAS, the Hospital desires to obtain a portion of the funds for the aforesa i d purposes by issuing and selling to the Ci ty its Special Obl igat i on Note (the "Spec i al Obligation Note") i ssued under and secured by a Secur i ty Agreement dated as of February 1, 1978 (the "Special Obligation Bond Security Agreement") by and between the City and the Hospital; and WHEREAS, it is hereby found and determined that reimburs- i ng the Hospital for the cost of the Project and ref i nancing the Hospital's First Mortgage Bonds and Direct Obligation Notes will promote the public health, welfare, safety, con- venience and prosperity of the City and its inhabitants by promoting and stimulat i ng more adequate hospital care; and • 4 I • • ( • • • - WHEREAS, the Bond Ordinance prov i des, among other provi - sion s, for the forms of the Bonds and certain of their terms, but c ertain other terms are required to be determine d by a supplemental resolut io n and the Ci ty i s requi red to approve and authorize certain documents and to appoint a City Repre- sentative to act under certain of those docume nts; WHEREAS, there have been prepared and presented to this meeting the follow i ng: (1) The form of the Revenue Bond Security Agree- ment; (2) The form of the Initial Note; ( 3) The form of the Special Obligati on Bond Secu- rity Agreement; (4) The form of the Special Obligation Note; (5) The form of Trust Indenture dated as of Febru- ary 1 , 1978 (the "Revenue Bond Trust Indenture") from the City to the trustee named there i n setting forth terms, condition s and secur i ty requirements for the proposed Revenue Bonds, and including the forms of the proposed Revenue Bonds ; 5 (6) The form of Trust Indenture dated as of Febru- ary 1, 1978 (the "Spec ial Obligation Bond Trust Inden- ture") from the City to the trustee named therein , setting forth terms, con d itions and security requirements for the • I • r ( • • • - proposed Special Obligation Bonds, and including the form of the proposed Special Obligation Bonds; (7) The form of Inducement Letter (the "Revenue Bond Inducement Letter") from the Hospital to the City and Miller & Schroeder Municipals, Inc. and Bosworth, Sull i van, a Division of Dain, Kalman & Quail, Incorpo- rated (the "Underwriters"), requesting the City to issue and sell and the Underwriters to purchase the Revenue Bonds: (8) The form of Inducement Letter (the "Special Obligation Bond Inducement Letter") from the Hospital to the City and the Underwriters, requesting the City to issue and sell and the Underwriters to purchase the Spe- cial Obligation Bonds; (9) The form of the Bond Purchase Agreement (the "Revenue Bond Purchase Agreement") by and between the City and the Underwriters, relating to the Revenue Bonds: (10) The form of the Bond P u rchase Ag reement (the "Spec i al Obligati on Bond Purchase Ag reeme nt") by and between the Ci ty and the Underwr i ters, re l ating to the Spec i al Obl i gat i on Bonds: (11 ) The preliminary Offic i al Statement (the "Reve- nue Bond Off i cial Statement") dated February 23, 1978, describing the Revenue Bonds: 6 I • ( • • • • 7 (12) The form of the Official Statement relating to the Special Obligation Bonds (the "Special Obligation Bond Official Statement"); (13) The form of letter to be executed by the Mayor, authorizing Miller & Schroeder Municipals, Inc., on behalf of the City, to suhscribe to certain direct obligat io ns of the United States; and (14) The Delegation Agreement dated February 14, 1978 (the "Delegation Agreement") by and between the City, the Hospital and the City and County of Denver; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado: Section 1. Finding and Determination. The finding and determination made i n Section 1 of the Bond Ordinance is hereby ratified and confirmed as of the date hereof. Section 2. Determination of Revenue. The City Council hereby finds and determines that the amounts necessary in each year to pay the principal of, premium, if any, and interest on the Revenue Bonds are required to be paid into the Principal Account, Interest Account, Debt Service Reserve Fund and Depreciation Reserve Fund, and are as set forth in the Revenue Bond Security Agreement; and that the amounts necessary in each year to pay the principal of and the interest on the Special Obligation Bonds are required to be paid into the Special • I • ( • • • - 8 Obligation Bond Fund, and are as set forth in the Special Obligation Bond Security Agreement. The terms, conditions and provisions of the Revenue Bond Security Agreement and Special Obligation Bond Security Agreement are for all purposes incor- porated herein by reference and a copy of each is ordered filed by the City Clerk with the records of the City Clerk and identified as the Revenue Bond Security Agreement and the Special Obligation Bond Security Agreement referred to in this Resolution. Section 3. Forms of Bonds. The form of the Revenue Bonds and the form of the Special Obligation Bonds shall be as set forth in the Revenue Bond Trust Indenture and the Special Obligation Trust Indenture, respectively, the terms, conditions and provis i ons of which Revenue Bond Trust Indenture and Special Obligation Bond Trust Indenture are for all purposes incorporated herein by reference, and a copy of each of which is ordered filed by the City Clerk with the records of the City Clerk and identif i ed as the Revenue Bond Trust Indenture and the Special Obligat i on Bond Trust Indenture referred to in th i s Resolut i on. Secti on 4. Terms of the Revenue Bonds. The Revenue Bonds shall be dated Februa ry 1, 1978. Interest wi ll be payable on the Revenue Bonds on August 1, 1978, and semiannually thereafte r on each February 1 and August 1 until the principal thereof I • • - ( • • • - 9 shall have been paid. They shall be issuable as coupon bonds in the denomination of $5,000 each, registrable as to principal only, and as fully registered bonds without coupons in the denom ination of $5,000 or any integral multiple thereof (but not in excess of the principal amount of Revenue Bonds maturing in any particular year). The Revenue Bonds shall be issued as serial bonds and as term bonds and shall mature in the amounts, on the dates and bear in teres t at the rates per annum set forth in the following maturity schedule: Maturity Schedule $4 ,585,000 in aggregate principal amount of Serial Bonds Due Interest Due Interest Amount (February 1) Rate Amount (February 1) Rate $220,000 1979 4.25% $235,000 1987 5.85% 230,000 1980 4.50 345,000 1988 6.00 240,000 1981 4.85 370 ,000 19 89 6.00 230,000 1982 5.00 390,000 1990 6.10 245,000 1983 5.15 415,000 1991 6.20 255,000 1984 5.30 440,000 1992 6.25 240,000 1985 5.45 470,000 1993 6.30 260,000 1986 5.60 $12,700,000 in aggregate principal amount of Term Bonds Due February 1, 2008 bearing interest at at the rate of 6.875% per annum Section 5 . Terms of the Special Obligation Bonds. The Special Obligation Bonds shall be dated February 1, 1978. Interest shall be payable on the Special Obl i gation Bonds on August 1 , 1978, and semiannually thereafter on each February 1 and August 1 until the principal thereof shall have been paid. • I • • ...... ( • • • • 10 They shall be issuable as coupon bonds in the denomination of $5,000 each, registrable as to principal only, and as fully registered bonds without coupons in the denomination of $5,000 or any integral multiple thereof (but not in excess of the principal amount of Special Obligation Bonds maturing on any particular date). The Special Obligation Bonds shall mature in the amounts, on the dates and bear interest at the rates per annum set forth in the following maturity schedule: Amount $340,000 490,000 455,000 275 ,000 Maturity Schedule Due August 1, 1978 February 1, 1979 August 1, 1979 February 1, 1980 Interest Rate 3.75% 4.00 4.00 4.10 Section 6. Execution, Payment and Redemption of the Bonds. The places of payment of the Revenue Bonds shall be The Colorado National Bank of Denver, a national banking association, in Denver, Colorado, which bank is also acting as the trustee under the Revenue Bond Trust Indenture, and at the principal corporate trust office of The First National Bank of Saint Paul in St . Paul, Minnesota, as pro- vided in the Revenue Bond Trust Indenture . The places of payment of the Special Obl igation Bonds shall be First Wis- consin Trust Company, a Wisconsin bank ing assoc i ation, in Mi lwaukee, Wisconsin, wh ich bank is also acting as the trustee under the Special Obligation Bond Trust Indenture, and at the I • • ~- ( • • • - 11 principal corporate trust office of The First National Bank of Saint Paul in St . Paul , Minnesota, as provided in the Special Obligation Bond Trust Indenture. The Revenue Bonds and the Special Obligati on Bonds shall be executed, and the Revenue Bonds shall be subject to redemption, as set forth in the Revenue Bond Trust Indenture and the Special Obligation Bond Trust Indenture, respectively. Section 7. Approval of Initial Note and Special Obliga- tion Note and The i r Assignment. The Initial Note and the Special Obligation Note from the Hospital to the C i ty, in the forms presented to this meeting, copies of wh i ch are orde red filed with the City Clerk with the records of the City Clerk and identified as the forms of Initial Note and Special Obligation Note presented to this meeting, are in all respects approved, authorized and confirmed, with such changes as the Mayor deems necessary or proper, and the Mayor is author i zed and d irected to assign, and the City Clerk is authorized and directed to affix the seal of the City to and attest the assignment of the Initial Note and the Special Obligation Note to the Trustee pursuant to the Revenue Bond Security Agreement and the Special Obligation Bond Securi ty Agreement, respectively . Section 8. Approval and Authorization of Revenue Bond Security Agreement and Special Obligation Bond Security Ag ree- ment . The Revenue Bond Security Agreement and the Special I • • - ( • • • - 12 Obligation Bond Security Agreement, in the forms presented to this meet i ng, copies of which are ordered filed by the Ci ty Clerk with the records of the City Clerk and identified as the forms of Revenue Bond Security Agreement and Special Obligation Bond Security Agreement presented to this meeting, are in all respects approved, authorized and confirmed, and the Mayor i s authorized and directed to execute, and the City Clerk i s authorized and <lirected to affix the seal of the City to and attest the Revenue Bond Security Agreement and the Spec i al Obl i gation Bond Security Agreement in substant i ally the forms now before this meeting and hereby approved, or with such changes there in as shall be approved by the officers of the City executing the same, their execution thereof to constitute conclusive evidence of the City's approval of any and all changes or revisions thereof from the forms now before this meeting; and from and after the execution and delivery of the same, the officers, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the same as exe- cuted. Section 9. Approval and Authorization of Revenue Bond Trust Indenture and Special Obligation Bond Trust Indenture. The Revenue Bond Trust Indenture and the Special Obligation --==-====-==---------...... --------• I • • • • • • - Bond Trust Indenture, in the forms presented to this meeting, copies of which are ordered filed by the City Clerk with the records of the Ci ty Clerk and identified as the forms of Reve- nue Bond Trust Indenture and Special Obligat i on Bond Trust Indenture presented to this meeting, are in all respects approved, author ized and confirmed and the Mayor is authorized and directed to execute, and the City Clerk is authorized and directed to affix the seal of the City to and attest the Reve- nue Bond Trust Indenture and the Special Obligation Bond 13 Trust Indenture in substantially the forms now before this meeting and hereby approved, or with such changes therein as shall be approved by the officers of the City executing the same, their execution thereof to constitute conclusive evidence of the City's approval of any and all changes or revisions thereof from the forms now before this meeting; and from and after the execution and delivery of the same, the officers, agents and employees of the City are hereby authorized, em- powered and d i rected to do all such acts and things and to exec ute all such documents as may be necessary to carry out and comply with the provisions of the same as executed. Section 10. Approval and Authorization of Revenue Bond Purchase Agreement and Special Obligation Bond Purchase Agree- ment. The Revenue Bond Purchase Agreement and the Spec ial Obligation Bond Purchase Agreement, in the forms presented to • I • • - • • • • • 14 this meeting, copies of which are ordered filed by the City Clerk with the records of the City Clerk and iden tified as the forms of Revenue Bond Purchase Agreement and Special Obligat i on Bond Purchase Agreement presented to thi s meet ing, are in all respects approved, authorized and confirmed and the Mayor is authorized and directed to execute, and the City Clerk is authorized and directed to affix the seal of the City to and attest the Revenue Bond Purchase Agreement and the Special Obligation Bond Purchase Agreement in substantia lly the forms now before this meeting and hereby a pproved , or with such changes therein as shall be approved by the officers o f the City e xecuting th e same, their execution thereof to consti- tute conclusive evidence of the City's approval of any and all changes or revis ions thereof from the forms now before this meeting: and from and after the execution and delivery of the same , the officers, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provis i ons of the same as exe- cuted. Section 11 . Authorization of Revenue Bond Off i c i al State- ment and Spe cial Obligation Bond Official Statement. The preliminary Revenue Bond Official Statement and the form of th e Special Obligati on Bond Official Statement, in the forms p resented to this meeting, are authorized, and the circulation • I • • • ( • • • - 15 of the same by the Underwriters in connection with the sale of the Bonds i s hereby approved and ratified. The Mayor and the City Clerk are hereby authorized and directed to execute a final Official Statement to be used in connection with the issuance and sale of the Revenue Bonds and a final Official Statement to be used i n connection with the issuance and sale of the Special Obligation Bonds, and the Underwriters are authorized to circulate the final Official Statements in connection with the sale of the Revenue Bonds and the Special Obligation Bonds; provided, however, that the authorizat ion of the preliminary Official Statements and the execution, del iv- ery, approval and authorization of the final Official Statements shall not be deemed or construed as a representation by the City, the Mayor or the City Clerk as to the accuracy or com- pleteness of any information contained therein with respect to the Hospi tal or the hospital facility. Section 12. Approval and Authorization of Revenue Bond Inducement Letter and Special Obligation Bond Inducement Letter. The Revenue Bond Inducement Letter and the Spec i al Obligation Bond Inducement Letter, in the forms presented to this meeting, copies of which are ordered filed by the City Clerk with the records of the City Clerk and i dentified as the forms of Revenue Bond Inducement Letter and Special Obligat ion Bond Inducement Letter presented to this meeting, are in all I • • • • • • - 16 respects approved, authorized and confirmed, and the Mayor is authorized and directed to accept, and the City Clerk is authorized and directed to affix the seal of the City to and attest the Revenue Bond Inducement Letter and the Special Obligation Bond Inducement Letter in substant i ally the forms now before this meeting and hereby approved, or with such changes therein as shall be approved by the officers of the City executing the same, their execution thereof to constitute conclusive evidence of the City's approval of any and all changes or revisions thereof from the forms now before th i s meeting; and from and after the execution and delivery of the same, the officers, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the same as exe- cuted. Section 13. Approval of Subscriptions for Government Obligations. In connection with the refinancing of the Hospital's Di rect Obligation Notes and First Mortgage Bonds, it is proposed that a portion of the proceeds of the Bonds be expended to acqui re direct obligat i ons of the United States of America (the "Government Obligations") to be held in escrow, the maturing principal of which, together with a beginning cash balance, wi ll be used to pay said Direct Obligation Notes and First I • • I"' • • • • - 17 Mortgage Bonds, and that the interest thereon, together with a beginning cash balance, will be used to pay the principal of and interest on the Special Obl i gation Bonds as the same become due. Miller & Schroeder Municipals, Inc. is hereby author i zed and directed to sign and submit subscriptions for said Govern- ment Obligations on behalf of the City to the Federal Reserve Bank of Denver, and the actions of Miller & Schroeder Municipals, Inc. in signing and submitting such subscriptions are hereby ratified. Section 14. Approval of Delegation Agreement. The Delegation Agreement, as executed by the City on February 14, 1978, is hereby in all respects approved, ratified and con- firmed. Section 15. Appointment of "Authorized Municipality Representative". The City Council hereby appoints the Mayor as the "Authorized Municipality Representative" to represent the City in certain of these transactions, with the Mayor Pro Tern as his alternate. Sect i on 16. Further Authority. The Mayor and City Clerk and other proper City officials, and each of them, are hereby authorized to execute and deliver for and on behalf of the City any and all additional certificates, documents and other papers and to perform all other acts they may deem necessary or appropriate in order to implement and carry out the matters authorized in the Bond Ordinance and this Resolution • • I • • - • 0 • • • • 18 ADOPTED AND APPROVED THIS day of~~~~~~' 1978 Mayor ATT EST: ex officio City Clerk-Treasurer I, William D. James , ex officio City Clerk-Treasurer, of the City of Engle wo od , Colorado , do hereby certify that the above a nd for ego ing is a true, accurate and complete copy of Res olut i on No .~~' Series of 1978 . ex officio City Clerk-Treasurer • I • • -• • - L AW0f',-I CE8 CRISWELL & PATTERSON .IOHN 4 c,uaW&LL G AJn .. A.lTEJtaON 3 780 S OUTH BROADWA Y ENGLEWO O D , C OLOR ADO 80 1 10 TELEP H ONE ~ (S OS) 781 o aoo ., J O H N N , M C NAMlt.llA , J Iit . .JOHN ll , M YLl.'.a • February 28, 1 9 78 James L. Taylor, Mayor City of Englewood 3400 South Elati En g lewood, Colorado 80110 Re : Rex Garrett Dear Mr . Mayor : I · I At its regular meeting on February 2 2 , 1978, the City Plann i n g a n d Zoning Commission voted to recommend that Mr . Re x Garret t's request to have a parcel of ground rezoned from R-1 -C , singl e fami ly re sidence , to I-1, light industrial , be d en ie d . The Comm is- s i on members did n o t , at that time, make or a dop t a n y f i nd i n gs of fac t . Nevertheless, my conversation with th e Di rector of Cornrnu n i y De ve l opmen t indicates that it still , neverthele ss, would be timel fo r the appl i c a nt to appeal to City Council f r om this r ecommenda- tion , pursuant t o the provisions of Sect ion 22. 3-4c of the Zonin g Or d i n a nce . Would y ou , t herefore , please consi der t h is letter as such ap peal and we would respectfully re q uest, if possible that we might be placed on th e agenda f o r Ma rch 6, 1978, as a pre-scheduled v i s i tor to a t t empt to h a v e t h i s matter set to p ub lic hearin g. JAC:clm cc : Re x Garrett An dy McCown, City Manager Bernard Be r a rd ini, City Attorney Richard Wanus h, Commu nity Development Di rector • I • • \ - • • • • - MEMORANDUM T O THE ENGLEWOOD CITY COUNCIL REGARDIN G ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING CO M.MIS SIO N. DATE: Februar y 22, 1978 SUBJECT: Re z oning Request -Re x T. Garrett , Applicant RECOMMENDATION: P arker moved: Smith s e conded: The Planning Commission recommend to City Council that the r equest for rezoning from R-1-C, Single-family Residence, to 1-1, Li ght Industrial , for property at 1451 We st Tufts Avenue, b e d e ni e d. AYES: Ow ens , Parker, Smith, Draper NAYS: Pierson, Williams ABSTAIN: Lathrop ABSENT: McClintock, Tanguma The motion carried. By Orde r o f the City Pl a nn i ng and Zonin g Comm ission. a ·· ....------:, / ' ( /5 ,c ·°,/./ :'n.,,-,;:' ~ ·. Ge rtrude G. Welty; R6cording Secretary • I • • ( '( • • • - CITY OF ENGLEWOOD P LANNING AND ZONING COMMISSION F ebruary 7 , 1978 I . CALL TO ORDER The regular meeting of the Ci t y Planning and Zoning Commission was called to order by Chairman Pierson at 7:15 P,M. Me mbers present: Williams, Draper, Lathro p, OWens, Parker, Pierson , Smith, Tanguma, McClintock Wanush, Ex-officio Members absent : None Also present : Assistant Director Romans ; Associate Planner Steve House. Mrs. Pierso n welcomed Mr . Richard McClintock to the Commission, Mr. McClintock was recently appointed to a four-year term by the City Council . Mrs. Pierson announced that Mr . Ed Draper was reappointed to a four-year term by the Ci ty Council. Mrs. Pierson stated that, as a rule, the Commission elects a Chairman and Vice-Chairman for the coming year at the first meeting in February. She s ugg est ed that the agenda be revised to continue the Public Hearing on Mr. Garrett's request prior to re-organization of the Comm ission . It was moved by Mr. Williams that the matter of Mr . Garrett's Rezoning be considered prior to the re-organization o f th e Commission. Mr . William's motion was seconded, and the vote was called: AYES: P arke r, Pierson, Smith, T a nguma, McClintock, Wi ll i a ms, Draper , Lathrop, Owens NAYS: None The mo tion carried. II • REX T. GARRETT 1451 West Tufts CASE #6-77A December 20, 1977 Mrs. Pierson stated that the Commission would now consider the request of Mr . Garrett to rezone property at 1451 West Tufts Avenue from R-1-C, Single-family Residence, to I-1, Light Industrial. Parker mov ed: T anguma seconded: The Commission resume the Public Hearing on Case #6-77, Rex T. Garrett, applicant . AYE S : Draper, Lathrop, Owens, Parker, Pierson, Smith, Tanguma, McClintock, Wil liams NAYS: None The mo t ion carried • • I • • • - -2- Mrs, Pierson stat ed that at the meeting on December 20th, it was suggested that the applicant and opponents attempt to rea ch an agreement on the use and d evel opment of the site. Sh e aske d fo r an up-date on this mat t er, Mr. John Criswell 3780 South Broadway -was sworn in, and testified that the applicant, Mr . Rex Garrett, and he ha ve had thre e meetings with r epresentatives of the opposit ion group, This group had met ear lier this day and reache d an a g r eemen t on a couple o f points tha t had been of concern to both parties, Mr. Ray, representative of th e o pponents, wa s to reduce this ag reement t o writing. With the exception of a c oupl e matters that need further clarification, they are in substantial agree- ment, Mr . Criswell stated that he would like to read into the record the agreement as they have proposed it , Mr. Criswell stated that, on behalf of the applicant, he would appreciate the Commission acting on the matt er at this meeting; and within ten days, the h a nd-written agreement would be reduced to a leg al document for presentation to the City Council if the Co mm ission approves the rezoning request. Mrs. Pierson sta ted that she perso n a ll y had c oncerns abou t proceeding in th is manner ; she questioned if it would be possibl e for the applicant and opponents to enter into a final written agreement, and if this agreement c ould be pr esented to the Commi ssion for their cons ideration at the next Commission meeting of February 22nd? Mr. Criswell stated that if the Co mmiss ion postponed this matter for two weeks, in all possibility they will be face d with th same situ ation. Mr . Criswell stated that he would like to read the agreement into the record and get his client on record as to t h e a g reement at this meeting . Mr . Cri swell stated that he would, in fact, like to get both sides on recor d on what the y have agreed to; he noted there has been six or seven hou rs of d iscussion pertaining to the proposed agreement. Mrs . Pierson aske d Mr. Gerald Ray to approach the podium . Mr. Ray was sworn in, and stated that it was their intent to have a final do cument signed and ready for presentation. He stated that they ha ve reac hed basic agreem nt on all points . Mr. Ray stated tha t he did not want to misrepresent his position with the neighbors: the intent of what t hey have agreed to is written; however, not all o f the parties affected by this proposed rezoning have h a d an opportunity to read t h e latest dr aft of the agreement. Mr, Ray stated that if acceptance of this agreement by the Commission would endanger t he rights of o ther people who have not had an opportunity to rea d the propo sed agreement, he would agree to a postponement of the Co mmission decision if that is their desire. Mr, Ra y e mphasized that the discussions have been "i n principle , as o pposed to what a legal document would say ", bu t reiterated that the h nd-written do cument does indicate the "i ntent" of the agreement. I • - I} { • • - -3- Mrs. Pierson a sked if Mr. Ray would be "comfor tab le " to h ave the proposed agreement read into the record? Mr, Ray stated that he would have no objection as long as the reading of the proposed agreement into the record would not bind the opponents ; the opponents do not want to give up their righ t to oppose Mr. Garrett's proposal at this or any other public hearing. Mr. Smith stated that he thought the Commiss ion was consider ing a "straight forward zoning"; the applicants and opponents were to draw up a set of covenants between thems elves so the con- sideration o f the rezoning by the Commission would be "straight forward ." He asked if the covenants would be legal and binding at this point if both parties agreed to them? Mr. Criswell stated that Mr . Garrett would not agree to sign the agreement until the zoning is granted. Mr. Criswell reiterated that he felt the applicant and opponents have resolved every issue between them. He stated he did not know what opportunity Mr. Ray had h ad to spe ak to all of the property owners that are named in this agreement since the dis- banding of their meeting at 5:15 P.M. earlier this day. Mr. Criswell stated that both parties have yielded points to reach this agreement, and that parties to the agreement "have not discussed anything they haven't agreed upon." He stated that Mr. Ray has outlined 14 points upon wh ich both parties are agreed; he felt this could be termed a letter of intent, which would be transposed into a legal document for sign ing by all parties concerned. Mrs. Pierson asked what motivation Mr. Garrett would have to sign the covenants if the Commission granted the rezoning as he has requested without the agreement being reached and signed by all parties? Mr. Criswell stated that he understood the applicant and opponents wer e to determine if they could reach an agreement on industrial d e velopme nt of the land if the zoning was to be granted; they did reach such an agreement, but it has not been redUced into a recordable legal document at this point, Mr. Criswell stated that what he was asking the Commission to do this evening would not be binding upon anyone, whether or not the zoning is approved, He pointed out that the Planning Commission would only be making a recom- mendat i on to the City Council based on test imony received at the Public Hearing on December 20th, and testimon y received this evening . Mr. Criswell stated that if the Commission recommended favorably on Mr. Garrett's request, there would be a second Public Hearing before City Council at which time the agreement could be presented in final form. Mr . Criswell pointed out that if a favorable recommendation were rendered this evening, it would be at least 30 days, and possibly five to six weeks before the case would be heard by the City Council, by which time the written agreement coul d be reduced to a legal document. Mr. Criswell stated that the Commission recommends to City Council on a matter, and the City Council decision determines whether the matter is approved or disapproved. Mr. Criswell stated he felt there was no question but that there • I • • ,-n • • • -4- is an agreement between the app licant and the opponents listed as party t o the agreement, a nd he wou ld like t o pro cee d to rea d this hand-written agreement into the record, Mr. Cris wel l re it e rated there would not b e a final r eco r ded do cument until the r ezoning request is approved by the City Council. Mr. Ow ens asked if Mr. Garrett would be opposed to a postpone- me n t o f th e de c ision unti l a final docum e nt is pr e pared? Mr , Criswell again pointed out that there would be at l ea st f our weeks after Commission action until the Counc il would c onside r t he re quest, at which time the f inal document would be p resented, He st ate d, however, that if the Commiss ion determination was f or postpone ment fo r another two weeks, they would g o along with this de termination , Mr. Criswell stated t ha t "what this Commission rec ommends must be based on this Commission's fee ling s at th e time; wh at the Commission do es tonight is not fi nal ; whatever this Commission does, it must g o before Council and t here mu st be another Public He a ring . If this Commission wants to wait unt il a f in a l l ega l document is prepared --it wi ll not be recorded u nt i l afte r the City Council action on the matter ," He stated that the ir position is t hat they have r eached an agreement a nd are willing to read it into the record; both parties are saying this is their agreement, and wil l fo llow it up with a l ega l docume nt . Mr . Parker suggeste d that perha ps the procedure should be t o clos e the Hearing and ca ll for a vote on the question of the rezoning, Mrs. Pierson stated that if she were to vote on the matter at this point without an agreement in final form between the parties, she would ha ve to vote ag ainst the re- z oning request . Mr. Owen s pointed ou t that the questio n b e - fore the Commission is 1hat of rezoning and that the City Attorn ey has state d t h at additional stipul a tions cannot be placed on a rezoni n g in r e gard to uses, etc, Mr. Owens stated th at the agre emen t is a private agreement between the c oncerned parties , and does not concern the Commission , Mr. Wa nush stated that the Commission could make a decision without an agreement of the parties. He pointed out that there is an agreement between the parties, but that this agreement wi ll not be enforce d by the City. Howev er, "if the Commission has taken the tact that they want the parties to agree to s ome thing, you should see the a g reemen t before you pass on it ," He stated he thinks reading the proposed agree ment into the record is a sound idea . Mr. Williams stated t h at he agreed; the applicant and opponent s are ready to give a statement, and he felt t h e Commission shoul d hea r them. Mr. Tanguma agree d that the Commission should hear what the appl ica nt and opponents have to say ; he pointed out that the Co mmission did ask for the document, and questioned that the Commission co ul d act until they know what the applicant and o ppo nen ts a re ta lking a bout in their ag reement • • I • • - ( ( • • • -5- Mr. Owens agreed that th ey should be given an oppor t.uni y to s peak ; he pointe d out that the verbal agreement is just b e - tween the two parties, and the decision of the Commission must be on the matter of rezoning . Mrs. Pierson stated th at she· would like to hear the agreement read into the record, but before she could approve the rezoning she would have to know that the a greement is signed by all concerned parties ; she stated that an oral agreement does no t bind the parties to that agreement. Mr . Owens sugges t ed that the applicant and opponents be given the opportunity to present their case this evening, and read the agreement into t he record ; at that poin t, if the Commission is not comfortable with the agreement, the applicant has in- dicated they would agr ee t o a two-week postponement . He noted that some of the homeowners might want to speak on the matter . Mrs. Gerald Ray 4505 South Lipan Court -stated that the oppo sition to the re- ques t depends on wh ether t he agreement is signed ; she stated that she can't say she is for the I-1 zoning if she doesn't have "something in my hand" signed by Mr. Garrett . She s t ate d that she is against the I-1 Zone Distr ict requested b y Mr. Garrett unl e ss that agreement is s igned . Mr. Criswell sta te d that when the me etin g in his office e nded at 5 :15 t h is evening, it was agreed that Mr. Ra y would write the agreement tha t would be presented , and that it would be signed when reduced to a l ega l document. Mr . Criswell stat e:! that "subject to two lawyer's-nitpicking-comments", they do have something t hat they inten d t o sign . Mr. Criswell stated that Mr. Ray's hand-written agreement will b e wr itten in a legal document that wil l b e recorded at such time as t he re- zoning is approved by the City Council. He again stated t hat he would like to read into the record the matte rs that the applica nt and opponents h ave agreed upon. Mr. Cr iswell stated tha t what Mr . Ray has writt en out is 99% correct in intent, and the problem is with the language. Mr . Criswell stated again that he would like to read the proposed agreement into the record and a sk both Mr. Garrett and Mr. Ray, for the recor d , if this is what they hav agreed to. F ollowing is the tra nscription of this section o f the Public Hearing: MR. CRISWELL: As a culmination of all previous proposals and conv ers a tions , the undersigned parties agree in p rinc iple to the following items. The specific legal wording of the covenants will be set forth in contractual f orm and agreed to an d signed by both parties prior to the Public Hearing before City Council on rezoning Case #6-77. • I • • -• • - -6- 1 . The agreemen t wou ld be between the present owners o f the property s ought to be rezoned and the present owners of Lo ts 43 thru 50, Belle Isle Gardens --the properties on the west side of Lipan Cour t, plus the property abutting Mr. Garrett's property on the ea st which is the Hoefer property, the triangul ar propert y . The c ovenants a nd obligations would run with the land, would burden Mr. Garrett's property, and would be for the benefit of the o ther nine properties . 2 . T he object ing property owners would withdraw t heir objections t o the presently pending rezoning, and would support that re- quest ; in addition, they would agree not t o oppos e a request for a vari ance from the Englewood Board o f Adjustment to e liminate the fencing requirement along the e ast boundary of Mr . Garrett's property as outlined in the I-1 Zoning Ordinance apparently §1(2), Page 9 and 10 ; that's a re fe rence to the Zoning Ordinance . 3. Even though there may be no le g al requir e ment therefor, no building p ermit would issue un ti l : (a) Ther e has been submitted and approved by the City a for mal Subdivision Pl at upon the ground, or (b) There has bee n submitted and approved by the City a Planned Unit Dev e lopment Plan under the Zoning Ordinance . The property owners would cont inue to have the right to appear at all Hearings upon either of these matters and object to the specific plan submitted . Now, if I may stop right there and add a comment: ther e was s ome question raised, both in the Public Hearing previously before this Commission and in our negotiations, that if Mr. Garrett sold his property as a unit, to a single purchaser, ther e would be no requirements necessary for a subdivision plat. And we have said that, OK , that may be true, but we agreed for ourselves and whoever our successors are, that there be a subdivision plat filed and approved, or a Planned Unit Dev e lopment Plan filed and approved before any Building Permit will issu e. 4 . The us e o f the ground will be limited to those u ses presently authorize d i n the I-1 Zone District, and no --no further re- zo nin g would be requested, unless: (a) The abutting property across Tufts to the south is rezoned to permi t uses now authorized by Englewood's I-1 Distr ict; a nd (b) The nine properties, that is to the east, are rezoned t o a llow 14 or more dwelling uni ts per acre, or any non-residential bui lding for profit. I th ink tha t's pretty clear, but if the area to the south of • I • • ( • • -7- us is rezoned industrial , AND the area to the east o f u s is zoned for either a commercial building OR to apartmen t hou se s of a density of 14 units per acre, which is fairly dense, then the covenants would be off, That may happen within 80 years or so. 5, The maximum overall exterior height shall be as follows, measured from the present gra~e. Now, most of your city, counties height limitations are measured from finished grade; we have agreed to measure these heights from present grade, which means if we bring fill in for two feet, and that probably isn 't going to happen, but if we bring fill in for two feet, that is two feet of our height. (a) All buildings on the east por t ion of t he property, the maximum overall height at any point may not exceed 17 feet, (b) Where the elevation to the west is 10 feet or more below the elevation of the point of setback on the east side, the maximum overall height at any point may no t exceed 28 feet . Now, I have some objection that language that I have expressed to Jerry [Ray] and he says no problems. If you look at the topo, there is a point where the topo line runs that is approxi- mately 10 feet below the ditch. That poi nt --Rex, it's "X " number of inches on that scale --is, I would judge, and don't hold me to this, about 175 feet west o f the ditch. Wha t we have said is, anything to the east side of that shall be 17 feet measured from natural grade; anything to west of that will be a maximum 28 feet measured from grade, and I think that's what we're talking about, OK? Now, you see, the problem is that we can't express that now, because we 're going to probably have to come to the City Engineer to get that line for us, 6. There will be a minimum setback of 25 feet from the center- line of the City Ditch, or the west property of Lot 43, which- ever is further west, to the wall of any building located on the property. Now, the most northerl y property on South Lipan Court is owned by the Helfers, and if you'll recall that is the one property that owns property on both sides of the ditch, and where their property line starts is where our setback would start. 7. No billboards, signs, or other extensions will be allowed above the roof line of any building located on the property; i t is further understood this limitation is not applicable to necessary heating and cooling systems necessary to the use of the building. 8. Screening will be in accordance with the 1-1 Zoning Ordinance, except as provided in Item No , 2; and Item No. 2 • I • • -• • • -8- o f course, was th e t hing tha t re f e rr e d t o the gr an t ing of a variance for a fence, The cons t ruc t io n of a screeni ng d ev i ce on the wes t bound ar y o f Lo t 43, which is t h e propert y --t h e nor t h e rnmos t property, wh i ch exten d s to the west of t he d i t c h a wa ys ; the construction o f a scr eening d e vic e on the we s t boundary of Lot No . 43 will b e n eg otia te d direct ly b e tween Mr . Garr ett a nd t h e o wne r s o f Lot 43 , T he Zoni n g Or d i nance prese n tly r e q uire s a solid fence, a nd we h ave a greed to e r e ct a solid fenc e a lo ng th at bounda r y, u n l es s we ca n g o t o t h e owners and conv ince them tha t some o t h e r typs o f s h ru bber y screening, or s om e o t her type o f scree ning would b e mor e b e ne f i c ial. The 25 f oot s e tback describe d in No. 6 would be landscaped based on t h e f ollowing f ormul a : (1 ) ---we ll , l et me read "b "f irs t , J e rr y , OK ? (b) A tree or sh rub wi ll b e prov ide d for each 200 s q uare feet o f t h e s e tback a r ea , i.e ., you take 25 feet o f setback, you mu ltiply t hat b y th e l e n gt h of tha t setback from Stanford to Tuft s, and y ou c om e u p with "X " number o f s q uar e fe e t, and we 're g o i n g t o pro v ide o ne t r e e o r one shru b --eve r gr e e n type, f or e a c h 2 0 0 s qu ar e feet . Each t r ee will have a minimum height o f 4 f ee t ; each sh ru b wi ll have a minimum height of a fo o t a nd a hal f, On e -half of the se things will be trees, one- ha l f will be s h rubs, Tr ee s and shrubs will be of both the d e ciduous a n d ever g ree n varie ty, (c) At th e o p tion o f t h e a butting property owner, the landscaping will be done on eith er side of the ditch , whichever is more be ne f i c i a l du e t o the slope of the l a nd, No w , l et me e xpl ai n t hat to you, if I may, just to give you s ome idea what the d e vil we're talking about her e , We'v e ag reed to t a k e 25 f oo t se t backs in t his area h e r e and put ,a --inte rruption by Ch a irman Pierson --thes e ar e the property owners t h at are involved: one, two , three , four, f ive, six, s e ve n , eight , nine , We've agreed, first, to se t back 25 feet f rom t he c e n terl i n e of the ditch; we've agre e d to put in one tree or o ne s h ru b f or each 200 square feet, i.e ., 25 feet by whatev e r t h at l eng th is, You will notice that the property l i nes o f t h ese property owners here are set way back from the ditch ; a lso , i f y ou look a t th e a rea you will no te t her e is a l r eady a great de al o f large t rees and landscaping in this area h e r e . We 've said we will put in one tree and one shrub, o r one t r e e o r one s hrub, for each 200 feet in this setback, We 'll either put t hem along here, if that's where you want t hem pla n ted, or if you'd rather have them planted along here, as a l a ndscaping d e vic e , we 'll g ive them to you to put there. OK, t h at's wha t t h a t language means, 9 . Lig hting fa c ilities for the property and any buildings wi ll be such that no flood lights will be directed, and will be sha d e d downwa rd, toward the adjacent zoned residential ar ea, except th at sof t lights of a mercury type, as approved by t h e City of Engl ewood, for night protection may be used s imil ar to s tree t lig h ts a nd this will be for the protection • ) I • • • ( • • - of both i n dus tri a l and res idential property owne rs from t heft, etc. 10, The permitted principle activity of the building or building structures abutting any of t he nine properties, i.e ., any buildings that are built in this tier, the first buildings west of the ditch , will be limited to and conducted from the west side of said buildings. Such activity shall include but not be limited to access, parking and trash remova l, So all activity, there will be no activity between the dit ch and the buildings. All of the activity will be on the west side of the buildings . 11. Outside stora ge shall be enclosed by a solid fence or wall not l ess than six nor more than eight f eet in hei gh t, so as to conceal such fa cilities from the abutting residential area. Further, any trash collection centers will be of the covered type and no outside storage shall crea t e litter, fire hazard, health hazard or create a nuisance . 12, Except where the agreemen t is mor e r e strictive, the limitations up'bn the property shall be governed by City regula- tions, such as zoning, building an tl fire codes , Example, zoning and fire regulations pertaining t o in flammab le mater ials, 13, Amendments to the ag reement would be p e rmitt ed on ly in accordance with the pr o cedur e and votes set forth in the property owners original p roposal dated 1 /6 /78 , Jerry, explain to me again what that would require in order for the neighbors to amend it, what type o f vo te would we have to get? MR, RAY: In that document, it reads "the covenants, agreements, cond itions, reserv at ions, restrictions and charges created and esta blished herein, may be waived, terminated or modi fied as to the whole or any portion thereof, with the wri tten consent of 100% o f the covenantees whose properties abu t the subject proper ty , those being: 45 01 and 4505 South Li p an Court, and 1327 West Tufts Avenue, and a majority of the remaini ng covenantees. MR, CR ISWELL : Alright, in order to get modi fication, as I understand it , these three would have to agree, all three o f thera have to agree, plus ---unintelligible on tape --- We have to get this property , this property , and this properzy is it? to agree? OK, we have to get this property own er, this property owner and this property owner all to agree plus we have to get a maj o rity of the other one , two, th r ee , four, five , six, ---so we have t o have seven votes o ut o f nine to get it, a n y modi ficati ons. 14, No junk yards shal l be permitted . 15 , The agreement would be null and voi d if either: (a) The City refuses t o rezone as requested, or • I • • .. • • - -10- (b) There is litigatio n commenced to set aside the rez oning within 90 days fr om the d ate Council approves the rezoning wi th the und erstanding that the person commencing the sui t has no legal or equable interest in the subj e ct property and there i s no ind ication of c ollusion on the part of either the undersigned parties ." Mr . Criswell stated that this is wh at they have agreed to, and the legal wording of this document will follow . He st ate d th at he feels this is more than a statement of principles ; he st ated t hat there has not been an opportunity for counsel for both sides to get t ogether and put it in t he legal lang uag e suitable for an a greement, but this will be done as s oon as p ossible . Mr. Criswell reiterated that i f th is Commission wanted to postpone its action, the applicant will live with it, bu t they are saying that the agreemen t is dependen t on City Council oct ion . Mr. Rex T. Garrett Rout e 3, Bo x 97 Parker Colorado --was sworn in. Mrs. Pierson stated t o Mr . Garrett "you have heard the agreement in principle ; do you agree with this statement?" Mr. Garrett stated that basically all of these items have been agreed upon after seven hours of deliberations. He stated he did not dis- agree with any specific items, but he does have some concern a bout some of the wording. Mrs. Pierson asked if Mr . Garrett disagreed with any o f the items in principle? Mr . Garrett s ta ted that he did not disagree with any of the items in principle. Mr. Smi th questioned Mr. Garrett on the language he objected to . Mr. Garr e tt noted that in Item No. 1, the statement that the c ovenan ts and obligations would run with the land and burden Mr. Ga rr ett's property and be for t he benefit of the other nine properties; he stated that h e felt the covenants and obligations placed on his property will not only benefit those nine property owner s, but woul d benefit the entire neighborhood. Mr. Garrett a lso me n tioned #5(b) on the ma tter of elevations ; he noted that the 10 foot differ e nce in elevation to the wes t is approxima tely 145 feet west of the point of setback . Mr. Criswell pointed ou t on a t opo ma p of the area a topo line that indicates a 10 foot difference in elevation fr om th e centerline of the City Di t ch to the east of this line . Mr. Criswell state d that Mr. Garre tt is saying there will be 145 fee t between the centerli ne of tre Ditch, which area ma y be developed with buildings not to exceed 17 feet in height, to that area which is 10 feet below that e lev ation , which area ma y be d e veloped with structures not to excee d 28 feet in h eight. Mr . Garr ett stated that he felt he has done everything that he can do to meet with t he opponents whenever they indicated they wanted to meet, and has done everything he can do to rea ch an amicable agreement on the development of this land ; h e s tated t hat as far as he i s concer ned , the agreeme nt can • I • • ( ( • • .. - -11- be formally written at any t ime ; it is up to t he opponent s • Mr. Garrett s tated that he has agreed to everything ci ted in the proposed agreement in principle a nd stated that he felt every point they have co vered has been agreed upon . Mrs. Pierson called Mr. Ray to the podium. She stated tha t Mr. Ray has stated that h e r e presented the nine property ow ner s directly involved in this matt e r, and asked if she had under- stood this correctly? Mr. Ray stated that he did represent those nine property owners. Mrs. Pierson asked if those property owners were in attendance this e vening? Mr . Ra y stated that there were only three property owners present this evening; he stated that he has called other property owners of the nine involved, some were ill and unable to attend. He stated that he had talked to two of these peopl e about the "letter of intent". Mr. Ray stat e d that the optimum thing for all of these property owners would be not to rezone the land; but that in view of Mr . Garrett's applica- tion, they have no alternative but to deal with the possib i lity of rezoning and to oppose the request. He sta te d that they are approaching the propose~ covenants as an alternative or mid-ground approach, if the Commission and City Council deter- mine that the 1-1 Zone District is proper . He reiterated t hat the adjoining property owners would prefer to see the land remain z oned f or residential use and develo p men t . Mr . Ra y stated that he feels the proposed covenants would be more restrictive than the Comprehensive Zoning Ord inance if the 1-1 Zone District were to be approved on Mr. Garrett's l an d . He stated that he and the oth er property owners still do not feel the 1-1 Zone District should abut a n R-1-A Distr ict. Mr . Ray stated that the people pres ent who are affected b y t he covenants have asked him to ask for a postponement of the decision by the Commission until a final document has been p repared ; not everyone has had a n opportunity to review he agreement as p resently proposed. Mrs. Pierson asked "are you saying you don 't a gree to this at this point?" Mr. Ray stated: "Yes; we have a g reed to this between us , but not everyone has rea ched this agreement, and I don 't fee l I can properly represent everyone's opinion." Mr. Smith asked Mr . Ray if h e felt there was any r e ason that a forma l a greemen t could no t b e reached by a ll parties con- cerned by the next meeting of the Commissioncin February 22nd? Mr. Ray stated tha t he foresaw no problem in doing this. Mr. Ray ask ed h ow much impact a formal agreement, agreed to by all parties, would have on the d e cision of the Comm is sion? Mrs. Pierson stated that s he felt this is one item the Commission wi ll take into account. She stated that she is personally op- posed to the rezoning request without the agreement. Mr. Ray stated that he did not want the Commission to think the agreement removes the opposition to the 1-1 Zoning ; it does not . The property owners are still oppose d to the re- z oning request. • I • • ' • • - -12- Mr. Criswe ll stated that he recognized the difficulty o f reaching an agreement when you represent a group of people. He stated that his client, Mr . Garrett, has made concessions and that an agreement on everything but the height o f the structures was reached two weeks ago; they did reach the ag r eement on the height of the structures at their session ea rlier this evening . Mr. Criswell stated that the record should reflect their willingness to enter into the restricti\e covenants pertaining to the development o f Mr , Garr ett's property, Mr . Criswell stated that if the nine property owners affecte d by the covenants are not wil ling to sign the proposed agreement, he stated that he would hope they would notify the applicant and himself as soon as possible. Mr. Criswe ll stated that it should be made clear they have spent a considerable amount of time on this agreement, and have made their concessions; he felt that the applicant should be told now whether or not the agreement will be approved, Parker moved : Williams seconded: The Public Hearing on Case #6-77 be closed , Mr . Owens pointed out that some other members o f the audience may want to speak on this matter before the Hearing is closed. Mr. Parker withdrew his motion, and Mr . Williams withdrew his second to the motion. Mrs. Pierson asked if there were anyone in the audience who wished to make a statement in favor of this matter? No one spoke in favor of the rezoning request. Mrs . Pierson then asked if there were members of the audience who wished to speak in opposition? Mitch Wagers 4550 South Lipan -stated that he understood the agreement would be in effect only if the rezoning is approved . He asked whether or not this agreement would have anything to do with counteracting the d ecrease in property values that would probably result if the rezoning were approved? Mrs . Pierson stated that this could not be determined. Mr . Wag e rs stated that if this rezoning request is approved, he fe lt that in 20 or 30 years "they can come up again and say this . l a nd sh ould be condemned and more factories and manufactur in b mu st be put in"; he asked if this would be possible? Mrs . Pierson stated that if the rezoning is granted, and the proposed agreement is in effect, by that agreement it would require signatures and approval of seven of the nine property owners who sign the agreement to have changes made to that agreement. If a use is proposed that would be contrary to the permitted uses in the Zoning District, the mat ter would have to be considered for rezoning . Mr . Wa g ers stated that h e feared that in 20 years or so, "they • I • • • • • .. • -13- may force people in residences out ; hat they could com~ in and say it's c ondemned." Mrs . Pierson state d tha t a private property owner would not have the right o f condemnation. Mr. Elmer Jungck 4606 South Mariposa Drive -stated tha t he has lived at this a ddress for 17 year s; this is the fourth time that the property owne rs have b een before th Planning Commission on the same issue of rezo ning Mr. Garrett's property. Mr . Jungck noted that Mr . Garrett has moved away f rom this area, and stated that they were told that the area "was overbu i l t". Mr. Jungck discussed the air pollution which has been extremely bad; he noted that the additional trucks which will be in the a rea as a result o f additional industrial development will only add to th is proble m . There wi ll also be the problem of additional traffic on Tufts Avenue --he noted that Tufts Avenue i s only a two la ne street at the present time, and the increased hea vy industrial traffic will increase the need for additional maintena n ce; the street is now black- top wi th no under-surfacing . Mr . Jungck questioned why only the nine properties a d jacent to Mr. Garrett's proper ty were c onsider ed in the agreement? He noted that all the other h omeowners in the area would be bothered by th pollution, noise and oth er nuisances attendan t on further industrial deve lopment. Mrs . Be tty Helfer 4501 South Lipan Court -questione d the accuracy of the t opo maps presented and us ed by the appl icant. Mrs. Romans stated that the topos were from an aerial flown :in 1973. Mrs . Helfer stated that she would like a definite date on the topo maps , Mrs. Helfe r also asked if there were any plans f or a dece l eration lane on Tufts Avenue going into Mr . Garrett's property? Mrs. Helfer discussed the da ngerous traffic situation which exists on Tufts Avenue; she stated that if there is not a special turning lane into Mr, Garrett's prop rty, there will be a very serious accident at that loca tion. Mr. Wanush stated that this factor would be considered at such time as a Subdivision Plat or Planned Development on the property is considered. Mr. Wanush pointed out that Tufts Avenue is designated as a Collector in the Master Street Plan. Mr. Draper stated that he was inclined to agree with the state- ment mJde by Mr. Jungck; all parties affected by the rezoning request are not incl uded as parties to the covenant. He pointed out that the people to the south of Tufts Avenue wi ll most definitely be affected by industria l development on this site. Mrs. Helfer stated that she had circulated a petition against • I • • r • - -14- the r e zoning in this area; and she felt the property owners that are not part of the proposed covenants should be heard . Mr. Wanush pointed out that the Commission could still grant or deny the rezoning no matter what the parties have agreed to ; he pointed out that the property owners along the south side of Tufts Avenue are in Arapahoe County. Mr. Criswell stated that at the meeting of December 20th, Co uncilman Smith suggested that possibly the applicant and opponents could talk the proposed rezoning over and come up with some sort of agreement for development of the land if the rezoning were to be g ranted , Mr , Criswell stated that no boundaries were set as to the properties tha t would be consider e d a s parties to the agreement, but they did want specific propertie s to enforce specific covenants that would be drawn . Mr. Criswell s t ated that in respect to the matter of traffic and streets, he has pointed out in the agreement that there will be no building on the property until a subdivision waiver or Pl anna:I De velopment has been approved; he stated that they are not a sking the neighbors to waive their right to objection to any specific plan, Mr . Criswell stated that the applicant has not gone to the expense of engaging an engineer to present specific plans as far as streets, utilities, etc ., is concerned , Mr s . Helfer suggested that she would like to see this property purchased by the City for park land; she noted that there are standards of so much park land for a given figure of population, and that she understood the City does not have sufficient park land, Mrs. Helfer noted that they would donate their land below the City Ditch for park purposes if the City would pur- ch ase Garrett's property for park purposes . Mrs. Helfer stated that she would like to see a community building for the entire community constructed on this land --where senior citizens could mingle with the young people and possiblY teach the youngsters crafts, etc, that would be of interest. Mrs . Linda Ray 4505 South Lipan Court -stated that she has talked to Arapaho e County regarding this proposed rezoning; there is County land between Mr. Garrett's property and Englewood property to the west; the County says there should be a buffer zoning between industrial and residentially zoned land ; she stated that from their viewpoint, they would like to use the land in this area for the buffer zone if Mr . Garrett's land were to remain z oned for residential uses. Mrs. Ray stated that the neighbors of this area have been "kicking around the idea of a community center for everyone, and if Mr. Garrett's land were to be purchased by the City for recreation purpose~ Mr. Garrett wouldn't be saddled with land he can't use." Mrs. Ray urged that this property be considered for recreational p urposes; she stated that there is a lot that could be done wi th the land if the City were so inclined. She stated that the neighborhood "needs a place for the kids to go." • I • • • ( • • • - -15- Parker moved : Williams se c onded: The Public He aring on Case #6-7 , be c lose d . Mrs. Pi er son expressed concern about closing the Pu blic Hea r i ng ; she stated that she felt the matter of the agreemen t is as yet unconcluded, and she would hestitate to "clos e" the Hear ing at this point. Mr. Smith stated that he felt at the previous meeting of December 20th, that the residents of this area were willing to sit down and work out the covenants with the a pp licant, a nd would not object to the development of this area if it were in keeping with the covenants. He stated that he does not ge t this feeling at this meet ing . He stated tha t h e would lik e to see the Hearing continued for anoth er two weeks, to hopefully give the applicant and opponents time to re ach a final s ig ned agreeme nt . The vote on the motion to close the Hearing was called: AYES: Owens, Parker, Williams NAYS: Lathrop, Pierson, Smith , Tanguma, McClintock, Draper The mot ion failed. Mr. Williams asked that the document be prepa r ed and submi tted so that the City Attorney can review the agreeme nt . Mr . Criswell stated that he would be happy to do so, but questioned why he should until there is some indication that the opponents are agreeable t o the proposal, as outlined in this me eti n g? Mr. Criswe ll pointed out that some of the neighbors have been in consultations with l egal counse l on their own and that h e fe l t that the opponent s should present something to the applicant to sign. He stated that he !,ad thought they had an indica ion of an agreemen t prior to the Commis sion me etin g th is evening, but the time element has no t al low d a l l he op p onents t o reoo the proposed agreement . He stated that" omeone must te ll me it's agreea bl e ." Discussion ensued . Mr. Owens stated t hat h e hated to see this issue drag on much longer; he stated that the applican want s a decision on the rezoning request. Mr. Ow ens po in ted out th at both parties came before the Commiss ion this evening wi t h g ood f ai t h on some sort of an agreement ; he stated that he fee ls if there is a problem wi th th i s ag r eement, it is between the homeowners who are no t presen this eve ning . Mr. Owens pointed out t ha t when the matter gets t o City Council, provided it is approved, "proba bl y the same property own rs will b e present " as are present this e veni ng . Mr . Ow e ns state d that he did not feel anyo n e would be hurt if the Public He aring was closed rig ht now . He stated that the a pplicant and opponents have both indicated that the f inal ag reement will be drawn up be- f ore the matter ge ts to City Cou ncil for Hearing. He pointed out th at if the c ovenants were n o t prepared when the matter got to City Co uncil, he fe l t there cou ld be a pretty good ca se for deni al at that polnt . Mr. Owens r eitera ted he did • I • • • - -16- not feel that the applicant or o p ponents would b e hurt if the Commission made a decision on this matt er this evening. Discussion ensued. Lathrop moved : The Public Hearing on Case #6-77 be continued until February 22, 1978 ; the Commission should have the other property owners attend that meeting, and get a statement from them on this matter to go along with Mr. Criswel l's agreement for presentation to the Commission. Mr. Smith stated that he would move that the motion be amended to state only that the Hearing is continued until February 22nd. Mr . Draper stated that he would second the amendment. Discussion ensued. Mr. Lathrop stated that he would be agreeable to amend the motion to state that the Hearing is continued to February 22nd. Mr. Smith then seconded Mr. Lathrop's mo tion, as revised. AYES: NAYS: Draper, Lathrop, McClintock, Pierson, Smith, Tanguma Williams, Owens, Parker The motion to continue the Hearing carried. The Commission recessed at 8:45 P ,M. The Commission reconve ned at 9:00 P.M. in Conference Room A . Members present: Smith, Tanguma, McClintock, Williams, Draper, Lathrop, Owens, Parker, Pierson Wanush, Ex-officio Members absent: None Also present: Romans , House III. RE-ORGANIZATION OF THE PLANNING COMMISSION. Mrs. Pierson stated that the Commission elects a Chairman and a Vice-Chairman at the first meeting in February. Mrs. Pierson stated that her law practice has increased to the point that s h e did not feel she could devote the time needed as Chairman of the Commission and do justice to that position. She stated tha t she would continue as a member of the Commission, and would probably have time for the Commission work if she were to be elected Vice-Chairman; she stated that she would not r un for Chairman. Parker moved: Tanguma seconded: Larry OWens be nominated as Chairman of the Englewood Planning and Zoning Commission. Mrs . Pierson asked if there were further nominations? • I • ( • - -17- Mr . Lathrop nominated Mr. Smith as Chairman of the Commission . Mr. Smith stated that as .a City Councilman, h e was not eligible to sit as Chairman of the Commission . Mr. Lathrop then nomina ted Ed Draper as Chairman . Mrs. Pierson declared the nominations closed . Written balloting was held; Mr. Owens was elected Chairman of the City Planning and Zoning Commission. Mr. Owens assumed the Chair, and called for nominations for Vice-Chairman. Parker moved: Lathrop seconded: Mr. Ed Draper be nominated for Vice-Chairman. Mr. Parker moved that the nominations be closed, and that Mr. Draper be declar e d Vice-Chairman by acclamation . Mr. Lathrop seconded this motion. AYES: Tanguma, McClintock, Williams, Draper, Lathrop, Owens, Parker, Pierson, Smith NAYS : None The motion carried ; Mr . Draper was elected Vice-Chairman. IV. APPROVAL OF MINUTES. January 17, 1978 Mr. Owens stated that Minutes of the January 17, 1978, meeting were to be considered for approval . AYES: Williams, Draper, Lathrop, Owens, Parker, Pierson, Smith , Tanguma NAYS: None ABSENT: Non e ABSTAIN : McClin t ock The motion carr i e d. V. DIRECTOR 'S CHOICE Mr. Wanush stated that application has be e n made for use of the I-470 Trans f er Funds which are estima ted to be in excess of that needed for the 470 Parkway . The overage is estimated t o b e in the neighborhood of $60,000,000, The City of Englewood ha s a pplie d for funding for two projects : the construction of U.S. 285/West Ith a c a ft venue as a one-way couplet between Santi F e Drive and South Broadway, and the extension of West Quincy Av e nue b e tween South Federal Boulevard and South Santa Fe Drive. Sh e ridan has submitted this project, and Englewood is supporting t he Sheridan r equest . Mr . Wanush state d tha t an estimate of funds needed for these t wo proj e cts is approximately $9,000,000 to $10,000,000 for the U.S. 285/We s t Ithaca project, and approximately $2,300,000 to $2,400,000 on the Quincy Avenue cons truction and extensio~ • I • • -• • - -18- Mr . Lathrop asked if this requ e st inclu ded fundin g fo r the widening of the underpas s at South Santa Fe Drive? Mr . Wanush stated that the widening of the underpass would be part of th e Santa Fe Drive improvement proj ect, a nd is not included in this request. Mr . Williams excused himself from the meet ing. The aligrunent of Ithaca Avenue, Jefferson Avenue and U.S.285 was discussed. Mr . P arker ask ed i f this would result in the removal of any structur es? Mr . Wanush stated that there would be some taking of property between Bannock and Broadw ay, but t h e r e are no designs at this point to d etermine exactly wher e the a li g nment will be. Mr. Parker asked if City Council had discussed the possibil ity of purchasing t h e Skerritt house? Mr. Smith stated t ha t Council h a s discu ssed this, and that i f the Skerritt House is purchased, it is thou ght that it might be turned into a museum . Mr . Wanush pointed out that if the State does not a g ree to match funds on U .S . 285, th e proj ect won't be approved. He stated that he personally was not too confident that this particular project would be a pproved. Discus sion ensued . Mr . w~nush reviewed a meeting that was held with of f ic ia ls o f jurisdictions in Arapahoe County on the matter o f the 1-470 issue; at that time, the various jurisdiction personnel agreed t o support each other's requests to DRCOG ; he state d that he now thinks the Councils and Commissions of these jurisdictions should meet on this same issue and try to agree to support each oth er's requests, also . Mr. Wanush stated that h e felt an effort should be made to lobby for approval of t hese projects. Discussion ensued . Mr . Draper asked if the project would b e "scuttled" i f only half the estimated cost were appropriated? Mr. Wanush stated that he felt it would be inadvisable to have only a partial appropri a tion to begin the project . F urther discussion regar ding the Skerritt house ensued, Mr. Tanguma suggested that an appeal b e ma d e to City Council re- g ar ding this house. Mr. Wanush stated that h e felt that a re- q uest o f the staff for information would be in order, t h e in- forma tion to pertain to cost, possible relocation, etc . Mr. Smith stated that t he relocation of the Skerritt House to Jason Park has been discussed at the City Council level , Mrs. Romans stated that the origi nal Skerrit t House was just a very small log cabin that has b een a dde d onto . The Diamond Jubilee Committee has discussed the relocation of this small cabin to Cushing P a rk, which is the historic a l park and clos e to the area where gold was initially discovered. Mr. Wanush discussed the American Society of Planning Officials c on fe rence which will be held in Indianapolis. The dates are Ap ril 29th thru May 4th. Discussion ensued. Mr. Lathrop stated that he thought he c ould go, and would check further to see if this was potsibl e . As correct ed 2 /22 /7 8 .. I • • ( I ~ • - -9- Mrs. Pierso n noted tha t she had aske d t hat Xe roxed copir5 nf informat ion from t he Colorado Municipal League News let te r pertaining to per capita e x pen ditures be enclosed i n the packets f or member's informat ion, Mrs. Pierson suggested tha t a le tter be sent t o Mrs. Wade commending her for her term a s a Planning Co mm issioner . Mrs. Pierson made a special note of Mrs. Wade's g ood attendance record, Pierson moved: Smith seconded : A l etter be wri tten to Mrs. Mae Wade ex- pressing the appreci ation o f the Commission for her interest in and work on th e Planning Commission, and commending her for same. AYES : Draper, La throp, Owens , P arker, Pi erson, Smith, McC lintock Tanguma NAYS: None ABSENT: Williams The motion carri e d. Ms. Pierson brough t t o the attention of th e Commiss ion a le t t er from City Manager Mccown regarding fl ood i mp roveme n ts for Little Dry Creek, Copies of the l etter were made and gi ven to Commission members for their review . Mr. Ow ens ask d that this be put on the agenda for the nex t meeting. Smith moved : Draper seconded : A l etter o f c omm enda tion and a bro n ze plaque be give n to Mr s. Pierson fo r her t rm as Chairman of the Plannin g and Zoni ng Commission . Mr. Lathrop c omment ed that he elt Mrs . Pierson had been a very good Chairman, an d deser ved thi s recog n ition . AYES : Draper, Lathrop, Ow ens, Parker, Smi th, Tanguma, McClintock NAYS: None AB STAI N: Pierson ABSENT: Will iams The motion carried. Mr . Tanguma discussed problems th at th e nei ghborhood around the Friedman P lan t have been experiencing with blowing paper , He stated that when the repres entatives of Friedman were be- fore the Comm ission, they stated that all pa per wou l d be baled and there woul d be no outside o v er-night storage , Mr . Tanguma s tated that the lights are also a p roblem, and cause a very serious visual proble m driving ea st on Tuf ts Avenue from Santa Fe Drive . This vi sual problem al so o ccurs i f you are drivi n g n orth on Santa Fe Dr ive. • I • • • • - -20- Mr. Lathrop stated that ther e is a lso a p r obl e m with t he loud- speakers at Friedman . Mr . Owens asked what it would take for the Commission to do something about these problems; is it a matter of enforcement ? Mr. Wanush stated that whenever he has received a compli a n t and has driven down there or called Friedman, he has gotten immediate compliance. Mr, Wanush questioned that a lot of the blowing paper does indeed come fro m the Friedman Paper Plant. Mr. Tanguma stated that it has b ee n very windy lately, but pointed out that Friedman initially agreed that loo se paper wou ld be kept inside the plant, Mr. Wanush stated that he has h ad Code Enforcement Inspectors down to check out complaints several times. Friedman has re- paired the fence to prevent paper blowing , and has c leane d up their premises. Mr. Tanguma reiterated that they are storing loose papers in the yard, and they did state before the Com - mission that all loose p a pers would be kept inside . They further stated tha t any paper stored outside would be bound, Mr . Tanguma as k ed if the people in the area could file a nuisance complaint? Mr. Smith state d that the City could file a nuisance complaint. Mr. Owens asked if there was anything that can be done about the lighting and the noise from the loudspeakers at night? Mr. Wanush stated that the loudspeakers would have to be con- tro lle d through enforcement of the Noise Ordinance; the City does not have any person qualified to t •ke the technical r e adings since that program was dropped by the City Council. Mr. Wanush stated that the staff would ckeck out all complaints that are forwarded to them. Mr. Wanush asked that Mrs . Romans present a time schedule for t he review of the Comprehensive Plan, Mrs . Romans stated that with the exception of two of the Com- p rehensive Plan Revi e w Committees --the Transportation Com- mi ttee and the Downtown Review Committee --all committees have wrappe d up their project and it is now up to the staff to pre- pa re the preliminary drafts. Mrs. Romans stated that the pre- limin a ry drafts will go back to the Committees before they c ome to the Planning Commission , Mrs , Romans stated that the format and outline of the proposed revised Comprehensive P lan is to be reviewed this evening; and on February 22nd, it is proposed that the Commission review the administrative sections of the Plan that have not been submitted to a Review Committee, such as the History and Character, Analysis, Goals, etc. Mrs. Romans discussed the proposed calendar for the re- view and adoption of the Comprehensive Plan which was outlined f or the Commission . The goa l is June 20th for a Public Hearing on t h Comprehensive Plan before the City Planning and Zoni ng I • • • ( • • • - -21- Commiss ion. Mrs . Romans stated that she felt the p r o O f d o u t - line time-wise was realistic even thou gh it appear d to rather "stretch out " the review time . Mrs . Rom ans commented that there ha s been some very good pa rtic ipation and some very good members on these comm ittees, and she would l ike them to follow through on this project, Mr. Smith asked that the definition and information on a "neigh borhood" be retained and carried through int o the re- vised document . He noted that t his se emed to be a very im- portant concept that he really liked i n the 1969 Edition o f the Comp r ehe n sive Plan. Mr s. Romans stated that as far as s he know s , this concept will be carried out . She pointed out that one of the Goals of the Housing Committee is to suppor t the "n eighborhood concept ," Mrs. Romans discusse d t he present atio n an d final document of t h e Pl an; she stated that the staff has considered a thre e -ring binder as be i ng the eas iest as far as kee ping the Pla n up-to-date. Mr . Smith state d that he f ound the small brochure-type do cume nt of the 1969 Plan ver y interesting, and ve r y easy to han dle. Mrs . Pierson stated th at she felt the separate little bookl ets were rather unwieldy and would rather see a "unified document." Mr. Wanush stated that mo st people pro bably don't read some- thing l ike the Comprehensive Plan cover -to-co ver , but the small brochure-type publication did present the basic informa - tion in a very re a dable form. Furth e r discuss i on ensued . Mr. Smith discusse d the inclu sion of the expansio n of the Bates/Logan Park in the Parks and Recreation P la n ; he noted that City Counci l has eliminated funds for the expansion of this Park because of the quality of hom es i n t his particular area that would ha ve to b e pur chas ed. Mr. Wanush stated hat as a long-t erm goal, he fe l t the inclusion of this proje ct had merit; espe cia lly if when the houses are up for sa l e , the City would "pick them up" one by one. Mr . Wanusb p o inted out that the Commission and City Council could st ill e l iminate this as a lo n g -range goal, but the Parks and Recr eat ion Committee wa s looking at ov er-all park needs for th e City of Eng lewood and included this as a partial solution to the prob lem o f park space . Mr. Owens pointed out that discussion ha s o ccured on the possibility of another water storage facility in the Bates- Logan Park . Mr. Sm ith discussed th e drainage situation in this area, and noted that water rises in the center of the Park -- it comes out of the storm sewers rather than going into the drains . Mr. Draper left them eting at 10:15 P .M. Mrs . Romans stated that the staff hopes to hav a dra ft o f t he p relimina ry sections of the Plan by the meeting o f the 22 nd , Discussion ensued . • I • • • • • • -22- Mr. Ow ens asked about t he status of the Auto Wrecking/Junk Yar d Ordina nce and the amendments to the Comprehensive Zoning Ordinance which were referred to City Council? Mr. Smith stated that this matter will be heard at Public Hearing on February 27th, 1978 , Mr. Smith further discussed the proposed amendments to the Zoning Ordinance . Mr. OWens pointed out that the Commission spent considerable time reviewing the pro- posed amendments, and touring the auto wrecking yards; he stated that City Council initially referred a recommendation back to the Commission because they felt the Commission did not recognize that these are legitimate businesses ; now, it appears that City Council does not approve of the Commission action to make them legitimate businesses , Mr . Smith stated that he feels the amended Ordinances, as proposed by the Com- mission should be approved ; he suggested that possibly members of the Commission might want to attend the Public Hearing. Mr. OWens urged that Commission members do attend the Public Hearing and support the proposed amendments. Further discussion ensued. Lathrop moved : The meeting be adjourned. The motion was seconded and carried . Meeting adjourned at 10:30 P.M. • I • • r, • • • • • - ENGLEWOOD PUBLIC LIBRARY BOARD Fe bruary 1 , 1978 The Engl e wo od Public Lib r ary Boa r d met f or its r egular meeting on February 14, 1978, in the Libra r y co nference room . Present: Beav e r , Be nn et t, Busch, Clay on, Cloughesy , Lighthall , Mueller, Shattuck, and Ste rlin g . Also Present : Harriet Lute, Director of Libraries Eileen Browne, Recor di n g Secretary A quorum wa s declar ed presen t a nd Sue Mu e ll er, presiding, c all th e mee ting to order at 7:30 p .m. Mr . Paul Busch, th e ne we st member of the Libr ary Boa rd was intr oduced and welcomed to the Board. Lois Li ghthall moved to accept the minut e s of th e Janua ry 10, 1978, meeti n g as r ecord e d; Lois Ster l in g s eco nded; the motion c arri ed . Librarian's Report : The Director s tated that bids for the Libr a ry expa nsio n had b een opened that aft e rnoon a n d it l ooked as if the ota l cost will be within th e $200 ,000 .00 approved by the City Council . The annual r e port and annual sta tist ical r eports were distr ibut ed to he Board . Miss Lute indicated that the pol icy of answe ring refe r e n ce qu es tions to Englewood resident s only had n ot a ffected cir cu l ation . Du ring 1977 30-33 % of the total circulation had been to non-resident s . Attendanc e at meet ings and programs i n the Library had inc r e a sed 15 % over h e 1Q76 to al . Mis s Lute expr es s ed pl e asure in the numbers of childre n wh o a tended the summ e r s o r y hou rs presen t ed b y th e Bookmobile a nd Childre n 's Librarians at the ookmobile sto ps. The IMC's for the fi r st time ar e begi nning to serve more adults tha n c hild ren. They seem to be becoming communit y centers f or adults and may in the future n egate th e n eed fo r Eng lewood to build branch l ibraries . The Di r ector told th e Board that in 1957 the Libr a r y , th e Cit y Cou nc il and the Schools desired changes in the Library and aske d he Sc hool of Lib rarian- ship at Denver Unive rsit y to make recomm e ndations for improvement . Twen t y years lat e r would b e a good time to compar e th e Library now and th en . Upon compl etion of the r e port liss Lu te will mak e recommen dations to the Li brar y Board based on this informatio n . The Director reported on th e extensive a nalysis done by Karen Ke l ley, t he Ch i ldren's Libr arian. Mis s Ke lley examin ed th e mi c rofilm for six different weeks at various interv als throug hout th e year . The study r esulted in a be tt er kno wledge of the ty pes of books children ar e int e r es ted in and th e differenc e in the types o f books withdrawn from th Library than those withdrawn from the Bookmobile. This tedious st udy which Miss Kel l ey cond ucted during her own time showed that during the t es t pP r iods approximat ely 34% of the circulation was to juvenile r eade r s . • I • In ·I • • • • February 1977 Statistical Repor Page two •• Glenna Bennet made th e motion t o authorize payment f r om Library Board funds for memb e rship in the Colorad o Library Association fo r all Board membe r s; Lois Sterling seconded; th e motion carried. Margart Cloughesy made th e motion to a uthorize payment from Library Board funds for membership in th Am rican Library Association for the Chairman of the Board and membership dues in th e Mountain Pl a ins Library Association for the Vice Chariman; David Clayton sec onded; the motion carried. Miss Lute mentione d that she and th Library Staff would be parti c ipating in the preparations for the Di amond Jubil ee celebrations. The Diamond Jubilee Commi tt ee would like to h a ve th e pic torial book on En g lewood reprinted with some additional text regarding the Diamond Jubil ee. Miss Lut e stated that she had agreed on the conditio n that the Diamond Jubilee Committ e would take th e r esponsibility for the sale of the book. At th e pr esent tim Geo r ge Pe rrin and Miss Lut e a r e working on a new slide pr esentation whi ch is scheduled to be completed by May 13, 1978. Lois St e rling r e ported on th e Statewid e Friends Meeting, and that the Friend s of the Englewood Public Li brary have scheduled th e ir "Wo rld 's Larg o st Bana na Split" f or Apri l 8 , 1978, in the Blue Mall at Cind e rella City. Among othe r events planned for the future by the Friends is the organization of a book r e v iew gr oup and a used-book sale o n Oc ober 28, 1978, c h air ed by Dorothy Wheelehan. Annual dues to the Friends of the Englewood Public Library were paid by Clo ugh esy, Cla y t on, Bennett, Lighthall, Shattuck, Muell e r and Sterling. El ec tion of Officers: Harlan Shattuck, Jr., nominat e d Sue Mueller as Cha i rman fo r a second term, Margaret Cloughesy seconded; Lois Li ghthall moved to close th e nomination s; the motion carried and Sue Mull er was elec t ed unanimously . Councilman Clayto n nomi nated Harlan Shattuck, Jr., as Vi ce Chairman, Glenna Bennett seconded; and Mr . Shattuck, J r ., was elected unanimously . Members Choice: Councilman Clayton asked Miss Lute i( she wer e planning some type of ceremony wh e n wor k on the Library is started . Miss Lut e fe lt that this would hav to wait until a ft e r the b ids ha d been pres ented to and approved by the City Co uncil. All Board members wou ld be advised of the date and time as soon as arrangements were made with th newspapers. There being no further business the me e ting adjourned at 9:50 p.m. • I • • ....... • ( PRESENT : ABSENT: OTHERS PRESENT: • • MINUTES BOARD OF CAREER SE RVI CE COMMISSIONERS FEBRUAR Y 16, 1978 Jo Ellen Turner, William Hanson and Ed ward White . Judith Henning and Robert Brundage . Jim Curnes , Leioma Koestner, No rman Wood , and Mel BeVirt. ********** Commissioner Turner called the meeting to order and a s ked the Board if there were any additions or corrections to th e January 19 , 1978 minutes. Commissioner Hanson moved and Commissioner White seconded that the minutes o f the January 19 , 1978 meeting be approved as distributed . AYES : NAYS : Turner , Hanson , White. None . **•••••••• The next i tem on the agenda was the Employee Association's Choice . Lei oma Koestner requested that a date f o r a hear - ing of the S usie Schneider and Robert Sc hust er grievances be set. Jim Curnes requested that as early a date as pos - sible for the he aring be set . A tentative date of Thursd ay , February 23 , 197 8 , a t 6:00 p.m. was set . The Employee Relations Department was t o confirm the meeting with the Commissioners by phone . Norman Wood mentioned to the Board the names of the other officers of the Englewood Polic e Benefit Association. They were: Vice President , Ga ry Kasson; Secretary, Sheryl Sh i- cora; Treasurer , Bill Bell. Officer Wood further stated that the two officers who accompanied him to the January 19 , 1978 , meeting were not representatives of the Engle- wood Police Benefit Associ atio n . •••••••••• • I • • .n • • - BOARD OF CAREER SERVICE COMMISSIONERS MINUTES Page Two The next item on the agenda was he City Manager 's Choice. Jim Curnes had nothing to report . ********** The next item on the agenda was the Employee Relations Director 's Choice . Mel BeVirt stated that there was a declara ion of a job vacancy for Civil Engineer at Grade 10 . Mr. BeVirt further state that this was a change in the job itle of the position which was formerly Assistan t Utilities Director at Grade 11 . The pos i tion was audited through the current classification system and through the Benchmark classification system to establish the re v ised position at a ,rade 10. Commissioner White moved and Com - mi ss i oner Hanson seconded that the position of Civil Eng i- neer be approved a a Ora e 10 . AYES: NAYS: T rner, Hanson, White . None. Mel BeVirt requested that establish in g times for study sessions in reference to operational procedures for the Board and orientation to the Benchmark classification system be deferred until the entire Board were presen t . ********** The next i em on the agenda was the Commissioner's Choice . 'rhe Commissioners had nothing to report . ********** The next item on the agend a was t h e appr oval of the eligibility lists . Comm is s i o n e r Ha n son move d and Com - missioner White s e conded t hat the el i g i b i l i ty l i sts f or Equipment Operator (Parks and Recreation), Maintenance - worker (Parks and Recreation), Maintenanceworker (Tr aff i c), and Police Officer ~th Class (Police) be approved . AYES: NAYS : Turner , Hanson , White . None . ********** The next item on the agenda was the Declaration of Va - cancies . The vacancies of Maintenan cewo rker (Par ks a nd Recreation), Maintenancewor ker (Stree t s), and Civ il En- gineer (Utilities) were declared . Commissioner White moved and Commissioner Hanso n seco nd ed t h e appro v al o f the vacancies . • I • • . _n - C • • • • BOARD OF CAREER SE RVICE COMMISSIONERS MINUTES Page Three AYE S : Turner, Hanson, White. NAYS: None. ********** The next item on the agenda was the approval of the Pe rsonnel Actions. Commissioner Turner asked if there were any questi ons on the list of actions. Commissioner White had a question on the denial of the anniversary increase for Malcolm Murray. The question was referred to Mel BeVirt who stated that the evaluation of Malcolm Murray's performance was considered to be less than satisfactory and that Mr. Murray would be evaluated again in 3 months. Mr. BeVirt further stated that he had spoken with Malcolm Murray who was at this point de- ciding whether or not to file a grievance in reference to t~e denial. Commissioner Hanson moved and Co'1llTlissioner White seconded the approval of the Personnel Act ions . AYES: Turner, Hanson, White. NAYS: None. At this point, the Board brought up the matter of Douglas Martin applying for reemployment in the Police Department wit h the City. Beca~se Mr. Martin did not receive a favora- ble recommendation for reemployment from the Department Head and the Appointing Authority which is a condition for re- employment set forth in 5-3-12(d)-2 of the City Code, the Board stated that it did not have authority to hear the mat- ter. ********** The meeting was adjourned by Commissioner Turner. ********** NEW PROBATIONARY EMPLOYEES: Armstrong, Donald A, Condreay, Gary Duran, Gilbert E. Jr. Goldberg, Scot t Maintenanceworker 2 -A, Effective 2/7/78 Police Officer 4th Class Effective 2/1/78 Maintenanceworker 2 -A, Effective 2/1/78 Police Officer 4th Class Effect ive 2/1/78 • I • • n • • • - 90A DO CA ::..ER SE RVICE COMMISSIONER S l!I!'U'!::.. • a e Fo r NEW PROBATIONARY EMPLOYEES (Continued): Knoth , John Lasley , Stephen Lesley, Jon Miller , David C. (reemployment) Pa ttaroz z i, Michael You n g , Billy D. RESIGNATIONS: Carpen ter , Phil H. Cou rtney , William RETIREMENTS : Foreman, Darold Police Officer 4th Class Effective 2/1/78 Maintenancewor ke r 2-A, Ef fective 2/16/78 Pol ic e Officer 4 t h Class Effect ive 2/1/78 Police Offi cer 3rd Class Effective 3/1/78 Firefi gh ter 4th Class Effective 2/1 6/78 Firefighter 4th Class Eff ecti ve 2/16/78 Police Of ficer 1st Class Effective 1/31 /78 Maintenance worker 2 -A, Effect ive 1/20/7 8 Firefigh t er 1st Class Effect i ve 1/19/78 PROBATIONARY TO PERMANEN T WITHOUT INCREASE : Gerlick , Harold (Allan) Lead worker 5-E , Eff ective 2/16/78 PROBATIONARY TO PERMANENT WITH INCREASE : Rios , Emanuel A. Werch , Janet PROMOTIONS : Doss , Des mond T . Jr. Al len , Myrick W. Ma intenanceworker 2 -A t o 2 -B, Effective 2/1/78 Animal Warden 3-A to 3-B, Effecti ve 2/16/78 Firefighter 1st Class to D/0/E Effect ive 2/1/78 Maintenanceworker to Leadworker 2-A to 5-A , Effe ctive 1/1/78 • I • • n "' .... n - - • • C • • • • BOARD OF CAREER SERVICE COMMISSIONERS MINUTES Page Five ANNIVERSARY INCREAS ES : Metros, Mary T. Olson, Christopher Schaal, George Stanton, Merle Williams, Thomas ANNIVERSARY INCR EASE DENIED: Murray, Malcolm APPROVAL OF ELI GIBILITY LISTS: Adult Serv ice Librarian 8B to Sc Effective 1/16/78 Firefighter 3rd Class to Firefighter 2nd Class; Ef fectiv e 2/1 6/7 8 Storekeeper 3D to 3E Effective 2/16/78 Mech anic 6C to 6D Effect ive 2/1/78 Animal Control Officer 3D to 3E Ef fe ctive 2/1/78 Building Inspector 7-C, Effective 2/1/78 1. Equipment Operator (Parks and Recreation) 2. Maintenanceworker (Parks and Recreation) 3. Maint enanceworker (Traffic ) 4 . Police Offic er 4th Class (Pol ic e) DECLARAT ION OF VACANCIES: 1. Maintenanceworker (Parks and Recreati on) 2 . Maintenanceworker (Streets) 3. Civil Engineer (Utilities) Respectfully submitted, Approv e d, Judith B. Henning, Chairman • I • • • ( • • • • ENGLEWOOD PARKS & RECREATION COMMISSION Minutes of February 9, 1978 The regular monthly meeting of the Englewood Parks & Recreation Commission was called to order at 7:30 p.m . in the Parks & Recreation Office by Ruth Allen, chairman. Members present: Allen, Cushing, Poole, Harper, Weber and Romans, ex off icio Members absent: Hewitt Also present: Ga ry Havener, Asst. Director Ri ch ard Tapply, Asst . Director John lcabone, Director of Instrumental Music, Sinclair Jr. H. S . laura Ramer ) Lena Williams) Music Parents Cynthia Mawson) How ard moved, Poole seconded, that the minutes of January 12, 1978 meeting be approved as mailed. Motion carried. Hr . lbnald Weber, City Councilman, was welcomed as City Council repre sen tative to the Commission. Hr . John lcabone , Director of Instrumental Music at Sinclair Jr. High School was introduced and he presented a proposal from himself and the parents of Englewood music students recommending that the Englewood Parks and Recreation Department establish a summer Marching Unit, a Jazz Ensemble, an Introduction to Jazz group , and perhaps a third Jazz Group and/or prep class. Costs to the City would involve salary to director and secretary, Instruments, and uniforms. Hr. lcabone pointed out that he fe els there is a need for this summer program because 37 % of the total Englewood sch ool enrollment participates In the Englewood Music Program during the school year and a program of this type would present the opportunity for a year-round continuity in the child's music experience. He estimated about 200 students would be interested in the proposed program. The Commission's con sensus was to study and review this proposal for a month and then make a rec ommendation to Cit y Council concerning its decision. Cushing moved, Howard seconded. Motion carried. The Englewood School Board ha s reappointed Hr. Cushing to the Commission to repre- sent the schools for 1978 and he has consented to serve for one more year . The two representatives from the City and the two representatives from the Schools announced they had appointed Ruth Allen and Frances Howard to serve as the two members-at-large. Election of officers will be held at the Apr il, 1978 meeting . • 0 I • • - ( • • • - Mrs. Allen, chairman, presented a letter she had received from Andy McCown, City Manager, regarding an additional alternate to Little Dry Cre ek Flood Contro l. Discussion followe d. Some expressions made by individ ua l membe rs were that an y p lan for storm drainage for Dry Creek should be coordinated wi th a mas ter plan for down- town Englewood. The Commission expressed the desire to meet wit h the group s who are planning for downtown development as they generally felt there wa s not enough infor- mation to make a definite decision on the plan. Commissio n also feels that the construction of the dams upstream is imperative and concern wa s exp ressed for th e effect on Cushing Park and the High School Athletic F iel d. Mr s. Allen was asked to fo rward a letter to Mr. Mccown concern ing the Commissio n 's remarks regarding the alternate Little Dr y Creek Flood Control plan . Richard Tapply presented a policy on program fees for senior citizens which would al low a spec ial discount to anyone 55 years of age or older for Englewood Parks and Rec reat ion Department programs specificall y labeled "Special Se nior Citizen Fee in Effect". Th e speci al fees will be the same as the youth fee for any given activ ity. This fee structure will not apply to sen io r citizen's programs offered at the Malley Center or th e Englewood Municipal Golf Cour se. Cushing moved to approve the policy. Po o l e second ed . Motion carried. Gary Havener reported on the Federal Antirecession Fiscal Assistance funds allotted for the Gree nhouse and Park Patrol. The allotted funds for the Greenhouse will be utilized to staff t he Greenhouse and this person has been hired. Funds available for the Greenhouse e mployee will be used up by approximately November , 1978. Under the same assist ance prog ram the Pol ice Department has received funds for extra patrol . The Parks and Rec r e ation Department has sent a letter to the Police Department reque st- ing the times and pa rks to be covered. Richard Tapply reported that a target date of March 6, 1978 has been set for the s tarting of meals to be served at the Malley Center. Volunteers of America has offered to furnis h 60 lunches pe r day without cost to the City, with the City underwriting the cost for al l meals served over 60 lunc hes . To reduce cost to the City, donations of $1 .00 • I • • ( • • • - per person per meal will be asked . Mr. Harper not ed that sometime in the future he would 1 ike to see a food program offered with VOA support and without f ed eral re- strictive guidelines. Mr. Romans gave an explanation of Centennial Park, Phas e I I development . He reported the west and north sides are now ready for development. Estimated co st wi 11 run $188,000. Much of the cost will go toward grading and providing for a retaining wall along the shores. Federal funds of $94,130 were received for this p ro ject . Mr. Romans suggested that additional land on the east s ide of the park should be pur- chased now while it is still available. According to Gar y Havener aluminum seats will be install ed at the Belleview Park and Spencer Field softball fields. Most of the bleachers can be replaced by this summer. He also reported on the Malle(Center landscapin g and said the i rrigation system should be in within the next two weeks and that by the middle of May, 1978 sod should be down and the landscaping completed. Frances Howard announced there would be a meeting held in the near future with Jerry King, Englewood Golf Pro, concerning organizing a Ladies Golf Club and a Men 's Golf Club at the Eng lewood Municipal Golf Course. She also brought up the subject of Community Education and feels the need for someone to talk to the Co mmission about its concept. A report on the Sinclair Pool Bathhouse was given by Mr. Roman s, showing and ex- plaining site plans. Estimated costs for this project amount to $119,360 but only $100,000 has been appropriated . City Manag er approved calling fo r bids for the main construction of the bathhouse and the alternates for installation of landscaping, aspha lt paving and curbing. At Mr. Romans' suggestion the Commission a g reed to request, th rou gh Commi ssioner Selwyn Hewitt, $19,000 from the School Distric t to complete this project. The meet i ng adjourned at 10 :15 p .m. I • . ~ • - • • • • MEMORANDUM TO THE ENG LEWOO D CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF TH E CITY PLANNING AND ZONING COMMISSIO N, DATE: February 22, 197 8 SUBJECT; Little Dry Creek Flood Control RE CO MMENDATION: Pierso n moved: Sm ith seconded : The Planning Co mmission recommend to City Council that Alternate #5, a outlined in t h e l etter from City Manager Mccown dated January 23, 1978, be fav o rably considered, with the following provisions, 1 . Provision #6 be revised to stipulate there be either a grass-lined channel or an as-is channel. 2. No bicycle trails be considered wh e re it would require the remov a l of homes or along the area of t he box con-duit. 3. That the box c onduit be ext e nded outh through t h 3 4 0 0 block of Sou th Bannock Street to Hampden Avenue in an effort to preserve t he structures along South Banno c k Street. AYES: Owens, Park e r, Pierson, Smi~h, Draper NAYS: Lathrop ABSENT ; McCli nt o ck, Tanguma , Williams T he motion carrie d . By Order o f the City Pl a nning a nd Zoning Commi ssi on. ~,-,,,.i;;--0 c7 ,::'h~:__ G~rude G . W lti)' Rec o rdi n g Secreta r y • I • • - • • • • • • ENGLEWOOD WATER AND SEWER BOARD Regular Meeting February 28, 1978 The meeting was called to order at 5:08 P.M. by Chairman Schnackenberg. Members present: Schnackenberg, Gibson, Best, Mann, Harper, Witthus Members absent: Taylor, Ullery, Feamster Also present: Stewart H. Fonda, Director of Utilities, Kells \~aggoner, Director of Public Works I. NOMINATIONS FOR CHAIRMAN Chairman Schnackenberg stated that nominations for chairman would be received. Mr . Gibson was nominated and elected unanimously . Mr. Schnackenberg then turned the remainder of the meeting over to the newly elected chairman. I a. NOMINATIONS FOR VICE CHAIRMAN Chairman Gibson requested nominations for vice chairman . Mr. Best was nominated and elected unanimously. I I. RESOLUTION AMENDING WATER TAP ASSESSMENT INSIDE AND OUTSIDE THE CITY OF ENGLEWOOD This resolution amends Resolution 35 Seri es of 1977 Section 2 and Section 3. Section 2 establishes rates for multiple dwelling units and Section 3 terminat es tap charges for fire protection service. Mr. Best moved ; Mr. Sch nackenberg seconded: That the Board recOllrnend to Council aporoval of the Resolution amending wate r tap assessments inside and outside the City of Englewood. Ayes : Schnackenberg, Gibson, Best, Mann, Har pe r, Wi t thus Nays: None Abs ent: Taylor, Ulle ry , Feamster Motion carried. • I • • • • • • -2- III. SUPPLEMEN T #8 VALLEY SANITATION DIST RIC T The District requested that the Sunrnit property i n t he area of Wes t Oxford Avenue and South Clay Street be included in the Di s trict . The property is presently zoned for l ig ht i ndustrial uses. After considerable disc us si on, the Board decided to establ i sh a policy concerning any new land t o be included in the servic e area of an y Di stric t which is zoned for industr i al uses. It was decided t ha t Distr i cts r equest - ing such additional land agree to require that prospe cti ve purch aser s of the land be infonned of the restrictions of the Ci ty concernin g discharge s to its sewerage system and the requirements of the Indust ri al Cos t Recovery System prior to any sale or transfer of ownership of the pr operty . These restrictions and requirements are contained in the City code. Mr. Best moved; Mr. Schnackenberg seconded: That the Valley San i tation District, and all other districts, require owners of property zoned for industrial purposes to infonn prospective purchasers of the above mentioned restrictions and require- ments prior to the sale or transfer of ownership . Ayes : Harper, Witth us, Schnackenberg, Gibson, Best, Mann Nays : None Absent: Taylor, Ull ery, Feamster Motion carr i ed . IV. REQUEST FROM GROUND WATER APPROPRIATORS OF THE SOUTH PLATTE RIVER (G.A.S .P.) TO LEASE 1,000 ACRE FEET OF WATER Mr . Fonda presented a prop osal to lease 1,000 acre feet of agricultural water to G.A.S.P . at $10 per acre foot du ri ng 197 8. Mr . Sc hnackenberg moved ; Mr . Best seconded : Tha t t he Boar d rec ommen d to the City Cou ncil approval of th e contract to lease 1,000 a cre f eet of agric ultural water to G.A .S.P. in 1978 at $10 per acre foot . • I • • - • • • • • • • -3- Ayes: Schnackenberg, Gibson, Best, Mann, Harper, Witthus Nays: None Absent: Taylor, Ullery, Feamster Motion carried. V. AMENDMENT TO CONNECTOR'S AGREEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT Mr. Fonda stated that the South Arapahoe Sanitation District Contract was due to expire in March, 1978. Previous contract was for a term of 12 years. The desire is to extend the agreement for one more year to allow adequate time to negotiate another long term agreement. Mr. Witthus moved; Mr. Mann seconded: That the Board recorrmend to the City Council approval of the Amendment to Connector's Agreement with South Arapahoe Sanitation District. Ayes: Witthus, Harper, Mann, Best, Gibson, Schnackenberg Nays: None Absent : Taylor, Ullery, Feamster Motion carried. VI. SOUTHGATE SANITATION DISTRICT CONTRACT Mr. Fonda stated that the Southgate Sanitation District Contract was due to expire in April, 1978. He presented a draft agreement to the Board to review and discuss at the next meeting. Meeting adjourned at 7:05 P.M. Respectfully submitted, ~b~ Recording Secretary I • • . "II J • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE: February 28, 1978 SUBJECT: RESOLUTION AMENDING WATER TAP ASSESSMENT INSIDE AND OUTSIDE THE CITY OF ENGLEWOOD REC011MENDATION: That the City Council approve Resolution amending water tap assessments inside and outside the City of Englewood. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By: ~ Thomas E. Gibson, Chairman Attachment #1 • I . • • • • • • • RESOLUTION NO . I q , SERIES OF 1978 A RESOLWTION AMENDING WATER TAP ASSESSMENTS INSIDE AND OUTSIDE THE CITY OF ENGLEWOOD, COLORADO, IN ACCORDANCE WITH THE MUNICIPAL CODE, CITY OF ENGLEWOOD, COLORADO. WHEREAS, by action of the City Council of the City of Englewood, Colorado, certain water tap assessments were established for properties both inside and outside the corporate limits of the City of Englewood, Colorado at a regular session held July, 1977; and WHEREAS, it has been determined that certain changes to Sections 2 and 3 are needed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, that effective , 1978 Resolution No. 35 Series of 1977, shall be amended to include the following replacement Sections: Section 2. For multiple dwelling units of spaces inside f.!!i'._, the charge for the first unit shall be $1,000 and $500 for each additional unit, but under no c ircumstances shall said charges be less than the amount s hown for the size of tap above . Charges for outside E.!!t_ taps shall be 150 % of the rate for service inside city. Section 3. No assessment will be charged for water taps made exclusively for fire protection service . Where domestic taps are made to fire lines, an assess- ment shall be charged which will be the regular charge for the size of the tap required. ADOPTED AND APPROVED this __ day of-------• 1978. Mayor ATTEST: ex-offi c io 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 t rue, accurate and complete copy of Resolution No. __ , Series of 1978. ex-officio City Clerk-Treasurer • I • • n - • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION• OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE: February 28, 1978 SUBJECT: SUPPLEMENT #8 VALLEY SANITATION DISTRICT RECOMMENDATION: That the City Council approve Supplement #8 Valley Sanitation District as revised and require that Valley Sanitation District, and all other districts, require owners of property zoned for industrial purposes to inform prospective purchasers of the restrictions of the City concerning discharges to its sewerage system and the requirements of the Industrial Cost Recovery System prior to any sale or transfer of ownership of the property. These restrictions and requirements are contained in the City code. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By : ~ Thomas E. Gib son, Chairman Attachment #2 • I • • • • • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE: February 28, 1978 SUBJECT: REQUEST FROM GROUND WATER APPROPRIATORS OF THE SOUTH PLATTE RIVER (G.A.S.P.) TO LEASE 1,000 ACRE FEET OF WATER RECOMMENDATION: That the City Council approve the request from G.A.S.P. to lease 1,000 acre feet of agricultural water in 1978 at $10 per acre foot. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By: __________ _,'W'--. Thomas E. Gibson, Chairman Attachment #3 • I . • ~ i ·I \ l f l l t ' • • • WAT ER RENTAL AGREE MENT THIS AGREEME tlT, made and ente r ed into this day o f A.O., 1978, by and between the CITY OF ENGLEWOOO-;--aiiiunicipal -c-or_p_o-ra-t~lo-n-o-r the State of Colorado, here i nafter referred to as "Ci ty ", and the GROUNDWATER APPROPRIATORS OF TH E SOUTH PLATTE, INC ., a non-profit corporation of the State of Colorado, hereinafter referred to as "G .A .S.P.", WITNESSETH : WHEREAS, the C1ty owns an d operates Mclellan Reservoir, a reservo i r used fo r the purpose of providing the storage of wa t e r used by the customers of the City's waterworks system, and certain other sources of raw water, and, WHEREAS, the City may have available 1000 acre feet of water from Mclellan Reservoir and c erta in other sources, and, WHEREAS, G.A.S .P . is desirous of renting 1,000 acre feet of water from the C1ty, du ring the calendar year 1978. NOW, THEREFORE, in cons iderati on of the premises and i n further con- sideration of the promises and agreements herein made by the parties hereto, the City and G.A.S.P . agree as follows: l . The City hereby rents to G.A .S .P. a maximum of 1,000 acre feet of water during calendar year 1978. All withdrawals in behalf of G.A .S .P. will be adm inistered by the State Engineer . 2 . G.A.S.P. will pay, at the time of execution of this agreement , the entire sum of $10,000. No credit or refund will be due G.A.S.P. in the event that G.A.S.P. does not withdraw the full 1,000 acre feet . 3. Anyth in g herein notwithstanding, it is specifically agreed between the parties that the City cannot determine that 1,000 acre feet of water will be ava ilabl e for delivery to G.A.S.P ., but that the City will endeavor to supply G.A.S.P. with water in such quantities and at such times as G.A.S .P. may request from whatever sources the CHY may have available. The City will at its own discretion determine whether a delivery of water will jeop- ardize the ava il ability of water for the City's customer s. In the event that the City may suspend delivery of water to G.A.S.P ., the City shall refund unto G.A.S.P. at a rate of Sl O per acre foot that port i on of the water it is unable t o deliver to G.A.S .P. for its intended us e under this agreement for the year 197 8. IN WITNESS WHEREOF, the parties he reto have executed this Agreement as of the day and year first wr itten above . ATTEST: City Cl erk ATTEST : Se c retary C !TY OF ENG LE WOOD By : ---,11a=y-=-o_r _______ _ GROUNDWATER APPROPRIATORS OF THE SOUTH PLATTE, INC. 8Y'·----P-re-s~1~de_n_t _____ _ • i' I ,, I • ~!"' ., ,.. : i~ ~·· ~:;i}, '·~ ... ~· ~ .. " . . ~ .. -::.~;!.J t;~ ,, . I \ 1. , .. _ . . ;_ :, ·: ! .. . . ~-· . ..... ; .-.... ·. ,•·, '· ,,·' I • • - • • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE: February 28, 1978 SUBJECT: AMENDMENT TO CONNECTOR'S AGREEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT RECOMMENDATION: That the City Council approve the amendment to Connector's Agreement with South Arapahoe Sanitation District for one year. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By: =---=----:-,,----,-,---,----'fi:£._,__ Thomas E. Gibson, Chairman Attachment #4 • I . . In M • • • • AMENDMENT TO CONNECTOR 'S AGREEMENT THI S AMENDMENT, made and entered into by and between the CITY OF ENGLEWOOD acting by and through its duly authorized Mayor and City Clerk, thereinafter referred to as Ci ty, and SOUT H ARAPAHO E SANITATION DISTRICT, ARAPAHO E COUN TY, COLO RADO, hereinafter referred to as Dis trict; WHEREA S , the Con ne ctor's Agreement dated Mar ch 21, 1966, provides in paragraph 7 for a contract term of twelve (1 2 ) years from the date of execution, and WHEREAS, both parties wish to give more detailed consideration to a long term agreement. NOW, THEREFORE, in consideration of the promises and of the mutual c ovenants of the parties, it is hereby agreed as follows; l. That numbered paragraph 7 of the Agreement be amended to read: 7 . The term of this Contract is for a period of thirteen (13) years from the date of execution, during which time the District agrees that all effluent produced from taps within the District shall be treated by the City and the City agrees, during the term hereof, to maintain adequate facilities for treating said sewage, Annexation of a part or all of the District to any community shall not terminate thi s Agreement as to the District or the portion thereof annexed. 2 . Except for the agreement set forth in paragraph l hereinabove, each and every other provision of said Connector's Agreement, as now existing, remains unchanged and continues in full for c e and effec t. IN WITNESS WH EREO F, the parties hereto have caused their names and seals to be hereunto subscribed and affixed this day of ~~~~~~~~~~~~~· 19 78. ATTE ST : City Clerk ATTEST : Secretary CITY OF ENGLEW OO D By: Mayor SOU TH ARAPAHOE SANITATION DI ST RI CT ARAPAHOE COUNTY , COL ORADO By: • I • • • , • • • MEMORANDUM TO: Honorable Mayor James L. Taylor and Members of the City Council FROM: Louis Parkinson, Judge, Munic i pal Court DATE: March 1, 1978 SUBJECT: APPOINTMENT OF RICHARD N. GRAHAM AS ASSOCIATE JUDGE The Court recommends that Council, pursuant to its powers and duties under Article 68 of the ~i y Charter, appoint Richard N. Graham as Associate Judge of the City of Englewood, to sit at such times when the presiding Judge cannot . Richar d Graham is a resi d en t and qualified e lector o f the City of Englewood. Further he has had wide experience in practice b ef ore Municipal , County , District and Appellate Courts of this State , a s well as b efore Federal Distric t and Appellat e Courts. The Court feels Mr. Graham would be a valuable addition to the Court. ~'~~ ((c.,zh • .,,;ff'' LOUIS PARKIN SON, Judge Municipal Court LP /b CC: Bernard Bererdini, City Attorney Richard N. Graham • I • • • • • • - RESOLU 'l'JON NO . __ J_(!_, SE RIES OF 1978. RESOLUTION APPOIN'I'ING RICHARD N. GRAI I/\M, ESQ ., ASSOC IAT E MUNICIPAL JUDGE r,OR THE CITY OF F.NGI.r~l'IOOD . lvHE RJ::AS, pursuant to P ar t II, Section 6 8 o f 1.he Eng l ewoo d Home Ru l e Charter , City Council ma y appoint one or more Associated Judges, who sh all sit at suc h t imes and upon such ca us es as shall be determined by the presidjng M;i nicipal Juclge ; a nd h'HF.REAS , pr.:,vious ly here to , other Associate M:ini- cipal Judges have become unavailabl e as a result of the press of l e gal busines s, the City Council finds that it is necessary to appoint an A ss ociate Judge of the Municipal Co..irt. NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLE WOOD, COLORADO: Section 1. That Ri chard N. Grah1m shall b e and h ereby is a;)poi°n ted as llssor.ia1:c ~l -111 i.c i p.il Jud ,Je in and f or f·he City of Englc~uod , Colorad~ Said ~s~orj~tc Ju ~ge to serv e h t the pl cri sure of Co uncil o r until he ~hnl l 1esiy n o r oth o rwj se be unable to se rve . Sc,,;tion 2. Th at t he Sillary of s ,1id 11:.;'.,, .. :·i ate J ll ,lge s hall l.;c .,s-i ·lrsto"forc n !>'.n bli r;he d by City Cuun ci l. 1978 . /I.DO l''1'ED AND APPROVE D lhi s ___ da y of ATTE ST : I, \vjlli.:im D. Ja i,c,s, Ex Officjo City Clerk-Treasurer of the C ity of ,_.n ']lcwnod, Co lor ado, do h ere by certify t11at the above a nd for c:goi11g i s a t 1 ue , accurate and complete copy of Res oluti on !lo . , Series of 1978. Ex Oificio City Clerk-Treas urer I • • • • • • RESOLUTION NO.-··----' SE RIES OF 197 8. RESOLUTIO N APP OI N'rING RICHARD N. GRAlll\M, ESQ ., ASSOC TATE MUNICIPAL JUDGE FO R THE CITY OF ENGLEWOOD . WH EREA S, p urs uant to P ar t I I, Section 6 8 o f lh e Englewood Home Rule Charter, City Cou n ci l ma y appo int one or more Ass oci a ted Judges, who sh all sit at suc h times and upon such causes as shall be <l e termin d by the presiding M;micipa l Junge; and WHEREA S, previously h ereto , oth<"r Associate M!mi- cipal Judges have become unavail able a s a result of the press of l e gal business, the City Council finds that it is necessary to appo int an Associate Judge of the Municipal CoJrt. NOW , THEREFORE, BE IT RE SOL VE D BY THE CITY COUNCIL OF THE CITY OF ENG LEWOOD, COLORADO: Section 1. That Ri ~hard N. GrahJm shall be an d h ereby is R5pofn tcda s Assor.ia1:c M·rn icip.,l J td <Je i n an d for 1·he City of Englc~uod , Colorad~ Said Assorj a lc Ju~ge to serve h t the pl eas ure of Coun ci l o r until he ~hal l resiy n or oth c rwjse be unable to s e r ve. S c,;t. ion 2. 'fh at t he salary of sa id l\:.;~_,('i ate Jn,lge s hal l lJe .,·s-, . .'n ~to°rorc ,,stn bli she d b y C ity Coun c i 1 . 197 8. ADO P','ED AND APPROVJ:;D t his ·--___ day of ______ _ . ... ·---.. ·;,,,, Y OR ATTEST: ExofficTo Ci t y Clerk-Tre3surer I, Hilliam D. Ja me s, Ex Officio City Clerk-Treasurer of the Cily of Fn glcwo od , Co lor ado, do hereby certify that the above and for c:going is a tr ue, acc urate and comp l ete copy of Res oluli o n !lo . , Series of 1978 . • I • • ' • • • RESOLU 'l 'JON NO. ______ , SERIES OF 1978. RESOLUTION APPOIN'rI NG RICHARD N. GRAI IJ\M, ES Q., ASSO C TATE MUNICIPAL JUDGE FO R THE CITY OF ENGLBWOOD. WH EREA S, pur sua nt to Part II, S ec tion 6 8 o f th e Englewood Home Rule Charter, City Council may appoint one or more Associated Judges, who s hall sit at such times and upon such cause s as shall be d etermin e d by the presidjng M.i nicipn l Jlldge; a nd WHEREAS , pr.:,viously hereto, other Associate Mu ni- cipal Judges have be come unavailnble as a result of the press of legal b us ines s, the City Council finds that it is necessary to appoint an Ass ociate Judge of the Municipal CoJrt. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EN GLEWOOD, COLORADO: Sect _i_oi:! __ .!_:_ That Ric;hard N. Grah a m shall be and hereby is a ppoi.nted a s Assor.iai:c M·111ic i p,1l Jud <Je in and f or the City of Engl c~uod, Colorad~ Sa id ~s sor.jatc Ju Jge t o ser ve ht the pl c asll re of Council o r until he ~ha ll rcs iyn or oth c rwjse be unable to se rve. S 0,;~ ion 2. 'T ha t t he salnry of sa id !1 :.;:--:...,,·j at e J 11dg e sha l l lJe ,JS-;. 1,~toT ore 1,s •:n blished by City Co un c il. 197 8. ADO P~ED ANO l\PPROVED t his ____ day of ______ _ ~,,"\'\'O R ATTEST: Ex offic io Ci t y Clerk-Treasurer I, William D . Ja mes , Ex Offic io City Clerk-Treasurer of the City of P nglcwnod, Colorad o, do hereby certify tHat th e above a nd for ~going is a true , accurate and comp l ete copy of Res oluti on No. , Series of 1978 . • I • • • • • • • RESOL U'l'JON NO. ______ , SE RIES OF 197 8. RESOLUTION AP POIN'rI NG RI CHARD N. GRA JI/\M, ES Q ., ASS OCIATE MUNICIPAL JUDGE FO R THE CITY OF ENGLEW OOD. WH EREA S, p u r sua nt to P ar t II, S ec tion 6 8 o f t he Englewood Home Rule Charte r, City Council ma y appoint one or more Assoc iated Judges, who s hall sit at s u c h times a n d upon such ca use s as shall be d etermi n e d by the presid in g M;inic ip n l Judge ; an d WHEREA S, pr.:.,v io u s ly h eret o, othe r Associate Mu ni- cipa l Judg es have become unavailnble as a result of the press of l e gal business, the City Council finds that i t is necess ary to a ppoint an Associate Judge of the Municipal Co;1rt. NO W, THEREFORE , BE IT RP.SOL VED BY THE CITY COUNCIL OF THE CITY OF ENG LEWOOD, COLORA DO: Sec ti o n 1. That Richa rd N. Grah a m shall be and h e reby i s nppo{n teda s Assor.iat:c M,tn icip,ll J ud<J e in and f o r the City of Eng l cwuod, Colorad~ Sa id ~ssociate Ju J ge to serve h t the pl ea s ure of Coun ci l o r until he ~ha ll rcs iyn or oth e rwise be unab le t o s e rve . Se,~tion 2. Th a t t he sa lary of sa id l,··c-...,c i ate J11,lge s hall be .,·s-i• •1 c:,to'fore <i s1:,1 bli shed by C ity C,)un ci 1 . 197 8. ADOP~E D AND APPRO VED th is _______ da y of _______ . N i\YO R AT 'l'EST: Ex offic io Ci t y Clerk-Tre3s urer I , William D. Ja me s, Ex Offic io City Clerk-Treasure r o f the City of F nglewood, Co lor nd o, do hereby certify that t he abo v e a nd fort:goin g is a tr ue, accura te and complete c opy of Res oluti on No . , S e r i es of 1978 . • I • • - \' • TO : FROM : DATE : SUBJECT : • • • Mem bers of En g lewo o d City Counc i l ri\ Will i am D. James, Director of Finance •v\)1 March 2 , 1978 Annexation Pet i tions The City Clerk's Office i s in receipt of three petitions re - que s ting annexation of property contiguous to Englewood in the vicinity of Union Avenue and Santa Fe Drive . According to the Municipal Annexation Act of 1965 , it is re - qu i red that I inform City Council that these pe t i tions ar e in custody of t he Ci t y Cl erk's Offic e. cc : J immy E . Curnes , Ac tin g Ci t y Manager • I • • • • ;., - SANTA FE ANNEXATION PETITIONS WEST OXRR> --r---------------------------------- ' I I I I I I I I I I I I I I I I I I I I I I I I I I I J I I ---M~-_,..., !~ ! i~ . I N , I I SIERIOAN ,,~ : : . . . ~ , , , , L-, , , , r--~ I , I I , I ,,,' , , , WEST UNION l Royce 2 Kittle 3 Verdos 4 Knoedler • • • . . . . ' . . . f ..,. _ _, r-----, . -----.1: l \ ' JI -..................... , ... 5 6 7 8 '-, ,, Hunt : ...... ' ' . ' Santa Fe Florists Tague Yanish ~_.._·~ --=-===x -w. T\ETS 9 Ragsdale 10 Cockerham 11 Forbes 12 Coffelt ,~ I I • • - • l • • - INTRODUCED AS A BILL BY COUNCIL MEMBER CLAYTON ---- BY AUTHORITY ORDINANCE NO. ,3 , SERIES OF 1978 AN ORD!NANCE CREATING PAVING DISTRICT NO. 25 IN THE CITY OF ENGLEWOOC, 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 ~unicipal 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 hereini 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 District1 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 protest~ that might be made against the proposed district or the improvements to be constructed or installed: and • I • • • - WHEREAS, the City Council has determined that the following streets should be deleted from the list of streets to I be improved: East 1\lnherst 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 Xenyon Ave. South side of East · Nassau Ave. South aide of East Grand Ave. West aide 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. Weat aide of South Washington St. tJ>.pprox •· 5050 south) 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 Dis tr let No. 2s•. 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. Section 3. District_Boundaa. 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. -2- • I • • • • - Section :4. Descrietion of Imerovements. 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. West Oxford Ave. West Princeton Ave. E a s t Pr i nceton Ave. E a st Union 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 Cherokee St. West side of South Logan St. West side of South Pennsylvania St. East side of South Zuni St. I • • n 2. ON West Bates Ave. • • .. - Neces sa ry 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 installedJ to- gether with , appurtenances and incidentals on the following streets and avenues: ~ TO East side of South East side of Delaware St. Galapago St. South West Cornell Ave. East side of South · East side of South ON South Shoshone Shoshone St. Tejon St. 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: 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 South Vallejo St. South Wyandot 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 adequateJ together with appurtenances and other incidental work on the following streets and avenues: -4- • I • • • • - ON TO East Dartmouth Circle North sidi of 2100 East Dartmouth Ave. North side of 2200 East Dartmouth Ave. South Elati St. South Pearl St. ON South side of West Oxford Ave. South side of East Stanford Ave. North side of West Princeton Ave. North side of East Tufts Ave. 5. Necessary grading and excavation, compacted subgrade, and with 6• Portland -cement concrete surface, for a total overall width of fourteen feetJ together with appurten- ances and other incidental work on the following alleys: FROM Alley E. of 4700 Blk. South 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 total cost of the improvements to be constructed or installed is $~l,.S.Cl1l..f it is proposed that the City of Englewood will pay approximately $J2_5.....!.00 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 approximate share of the total cost to be assessed per front foot against any lot or tract of land .fronting or abutting on said improvements will be as m~re particularly set forth in the resolu- tion passed and adopted on January 3, 1978, and which is incor- porated herein by specific reference. -s- • I • • - ( • • .. - 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 even~ any owner of real. estate shall fa~l to pay the whole of such a~sessment 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 ten (10) equal annual installments of principal. The first of such installments of principal .shall be due and payale at such time as will be determined in the assessing ordinance and the remainder of said installments shall be due and .payable suc- cessively 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 maximum 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 interes t 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. -6- I • • ]- ( • • • - Section 10. General Benefits. The City Councll hereby finds and determines that the improvements proposed to be con- structed and installed 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!_!!c_~. 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 hereof are severable. Section 12. He .!.!:.!~· Iii accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ordinance, before final ~assage, at . 7:3P P~M. on Tuesday, February 21, 1978. Section 13. Publication_and Effective Date. This Ordinance, after its final passage, shall be numbered and record- ed, and the adoption and ·p~blication 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, read in full, and passed on first reading on 6th day of February , 1978 . the Published as a Bill for an Ordinance on the 8th day of Februa!L____ , 1978 . d ay of Read by title and pa s s e d on final reading on the March , 1978. 6th Published by title as Ordinance No. ~-3_, Ser ies of 1978 , o n t he ~ day of March , 1978 . Mayor ATTEST : Director o f F i nance/e x o f f ic io Ci ty Clerk -Tr e asurer -7- • I • • ( • • • • I, William D. James, Director of Finance/ex officio City Clerk-Treasurer, for the City of En 0 lewood, Colorado, do hereby certify that the above and foregoing is a true, accurate, and complete copy of the Ordinance passed on final reading and published by title as Ordinance No. 3 , Series of 1978. Director of Finance/ex officio City Clerk-Treasurer -8- • I • • • • • Section 10. General Benefits. The City Councll hereby finds and determines that the improvements proposed to be con- structed and installed will confer a special benefit upon the property within the District and a general benefit upon the City as a whole. Section 11.· Sey!!,abill~l· 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 hereof are severable. Section 12. He!!:.!!!S.• 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.H. on Tuesday, February 21, 1978. Section 13. Publication_and Effective Date. This Ordinance, after its final passage, shall be numbered and record- ed, and the adoption and p~blication 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. (SEAL) ATTEST: Director of Finance *FINALLY PASSED AND ADOPTED This 1978. ( S E A L ) ATTEST: Director of Finance Mayor -7- • Mayor day of I • • TO , Andy Mccown, City Man a ger INTR..ot'PICI MIMOIANDUM • • - DATE: February 27, 1978 l'IOM: Kells Waggoner, Director of P ublic Works SUIJICT1 PAVI NG DISTR I CT #2 5 The ordinance c r e ati ng Paving Di stric t #25 wa s t o be con sidered on final r eading on February 21 , 1978 and a publ ic hearing was h eld at that time. At the p ubl ic hea r ing, t here we r e petitions s u bmitted ag a inst the improve- me nts proposed for: 3200 block of S . Delaware St . 000-400 block s of E . Union Ave. 41 00 block o f s. Elati St. 3200 bloc k of S . Delaware St. In my memo o f February 3, 1978 , I poin t e d out the expenditure mad e by the City to k eep this block repa i red. The se rep airs are at the expense o f th e other taxpayer s of the City who hav e a dequate paving on their s tree t s. Attached is a c opy of our soils report taken in 1972 which shows no b a se under the e x isting asphalt mat. I t wo uld be my recomm endat i on that t his street stay in the District. 000 -4 00 block s of Ea s t Un ion Av e . Union Av e nue has always n eed e d to be in a p av ing district, but we had h e ld off until t h e installation o f the s t orm sewer in tha t area . This is the first district we h ave had since the s t orm sewe r completion; therefore, the proposed i ncl u sio n of Union Avenu e . Prior to the storm sewer i n s t alla t ion, Union Aven ue had a strip of pav- ing down the middle; since it was n 't fu l l width and would be difficult to maintain with any other s urfac ing, we thought the storm sewer contractor should replace the str ip p a ving after completion of the storm sewer . The strip paving was done at City e xpense and not a t property owner e xpense, and it would be my recommendation that the street remain in the Pavi ng District . 4100 block of South Elati St. This block was proposed for an overlay and I have attached a soils report that shows the street to be inadequate in the thickness of asphalt. Our standard is two inches. One of the tests shows only 2 l/2 inches of base, but when viewed with the other two tests, I would say that the stre et base is probably sufficient. I wo uld r ecomm e n d tha t t h is street stay in the District , b ut Council has alre a d y taken out s om e streets that are in the same condition as this one. KW/lo c : Gary Di e d e , Director of Engineering Services At tac h . { .c I • • ( • • - ------. ·-··. 4 -:. ·-.. ___ ·_:...,.-.,,r;_..-.....::....:.e-;::::;:::~: . . ----.. Mid B.\och, WY1 . 11sp I Base 2 Y/ S ub grade ; Silty SJ nd- 10 -13 -75 H.J . Du ran + B rit+le I • • • • - f l -2S-72 H. f1r;-' ,o·. I , 0 + 7 5 @ er~ II A s p ) Y4 Bo~.-: 0 Su b9rode : Sa ndy C lay 2 +90 @ W Y4 ~8 1 " A .s p 2 Yi Bo .s e 0 S ub9r ade: Sandy Cl ay t ' 5 + 80@ E. lt4 J I I Asp 2 (' : l . \ Base 0 J Sub~ rode : Sa ndy Cl a y I . . - • • • • I NT RODUCED AS A BI LL BY CO UNCI LMAN S MITH. BY AU'r HOR I 'rY ORDINA CE NO. 1J , SERI E S OF 1978. AM E NDING SECTION 8, CHAPTER 3, ·rrrLE V OF 'l'HE 1969 ENG LEWOO D MUNICIPAL CO DE RSLATIN G TO 'PROMOTI ONS ' WI T HI N THE CLA S SIF IE D SERVICE OF 'PII E CIT Y. BE IT ORDAINED BY THE CITY COUN C IL OF THE CITY OF E NGLEWOOD, COLORADO as follows: Section 1. That Section 8, Chapter 3, Title V of the 1 9 69 Englewood Municipal Code is here by amended to read as follows: 5-3-8: (a) (b) (c) PROMOTIONS Competitive e xaminations for posi tions abo v e the entran ce l e vel shall be open to 6ehe~ QUALIFIED city e mployees, and the final score of eac h app lica nt shall include appropriate c on siderati ons of the appl ican t's qualifications , r e cord of performance and seniority with the City . SAID PROMOTED CITY EMPLOYEE SHALL RECEIVE A MINIMUM ONE STEP INCREASE IN PAY AND SERVE A TWELVE (12) MONTH PROB ATIONA RY P ERIOD IN THE NEW POSITION ; PROVIDED, HOWEVER, T HA T AFTE R HAVING SATISFACT ORILY SERVED IN SAID NEW POS ITION FO R A P E RIOD OF AT LEAST SIX (6) MONTHS, THE HEAD OF T HE DEPAR'l'MENT TO WHICH THE EMPLOYEE WAS PROMOTED MAY RECOMM E ND P E RMAN ENT STATU S IN THE NEW POSITION FOR SAID EMPLOY EE PRIOR TO THE EXPIRATION OF Sf>.ID TWELVE (12) MONTH PERIOD. SHOULD THE APPOINTING AUTH ORITY AND THE CAREE R SERVICE BOARD APPROVE PERMA NE NT S TA'rus FO R S AID EMPLOYEE P RIOR TO THE EXPIRAT ION OF SAID 'I'\'18 LVE (12) MON'PH PROBATIONARY PE RIOD, S AID EMPL OYEE SHALL BE CON S IDER ED TO HAVE PE R~lANENT STAT US. UPO N ATTAINING P E RMA NE NT STATUS IN T HE NE W POSI T ION, SAID EMPLOYEE SHALL RECEIVE AN ADDI- TIONAL ONE STEP INCREASE IN PAY; PROVIDED, HOWEVER, T HAT S AID ADDITIONAL STEP IS AVAILABLE IN THE NE W GRAD E. Th e rec l ass i f i c at i o n of a posit i on o cc upi e d by a p e rm a n e nt employee I N THE CLASSIFIED SERVICE s hall not be c o nside r e d as a pro motion • • I • • - ( • • • - (d) Any permanent em ployee IN A CL ASSI FIED S ERVICE upon being promoted to a NEW position i n the Caree r Service System shall have probationary status AS SET OUT ABOVE in ANY the position to which he was promoted, but shall retain perma n e nt status in his previous classification AND MAY TRANSFER BACK OR BE RETURNED TO THAT PREVIOUS CLl\SSI FICA'rION AT ANY TIME DURING THE PROB A'rIONA RY PERIOD. Introduced, read in full and passed at first reading on the ___ day of , 1978. Published as a Bill for an Ordin a n ce on t he __ day of ------' 1978. Read by title and passed on final reading on the day of March, 1978. Published by title as Ordinance No. 1978, on the day of March, 1978. ____ , Series of MAYOR ATTEST: e x officio City Clerk-Treasurer I, Will iam D. Jame s, do hereby certify that the above and for e going is a true, accurate and complete c opy of the Ordinance, passed on final readin g and published by title , as Ordinance No.~----' Ser ies of 1978. ex officio City Clerk-Trea su rer -2- • I • • In ..... (. • - INTRODUCED AS A BI LL BY COUNCI LM AN SMITH. BY AHrHORI T Y ORDINANCE NO. ? , S F.R I ES OF 1978. AMENDING SECTION 8, CHAPTE R 3, ·rr·rr.E V OF 'I'HE 1969 ENG LE WOO D MUNICI PAL CO DE RE LA T ING TO 'PROMOTI ONS ' WI T HIN THE CLASSIFI E D SERVICE OF 'I'IIE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO as follows : Sec tion 1. That S ection 8, Chapter 3, Title V of the 1969 Englewo od Muni cipal Code i s h ereby a me nded to r ea d as follows: 5-3-8: (a) (b ) (c) PROMOTIONS Competitive examinations for positions abo v e the entrance level shall be ope n to othe~ QUALIFIED city e mployees , and the final score o f each applica n t shall include appropriate considerations of the applica nt's qualifications, r e cord of perform a nce and senior i ty wit h the City. SAID PROMOTED CITY EMPLOYEE SHALL RECEIVE A MINIMUM ONE STEP INCREASE IN PAY AND SERVE A TWELVE (12) MONTH PROB ATIONARY PERIOD I N THE NEW PO S ITION; PROVIDED , HOWEVER, THAT AF'rER HAVING SATISFACTORILY SERVED I N SAID NEW POSITION FOR A P ERIOD OF AT LE AST SIX (6) MONTHS, THE HEAD OF THE DEPAR TME NT TO WHICH THE EMPLO YEE WAS PROMOTED MAY RECOMM END PERMANENT STATUS IN THE NEW POSIT ION FOR SAID EMPLOYEE PRIOR TO T HE EXPIRATION OF SAID TWELVE (12) MONTH PERIOD . SHOUL D THE AP POINTING AUTHORI TY AND THE CAREE R SERVICE BOARD APPROV E PERMAN ENT S TAT US FOR SAID EMPLOYEE PRIOR TO THE EXPIRA TION OF SAID TWEL VE (12) MONT H PROBATION ARY PERIOD, SAI D EMPL OYEE SHALL BE CON S I DE RE D TO HA VE PER ~ANENT s·rAT US . UPO N ATTAINING P ERMAN ENT STATUS IN T HE NE W POSI T I ON, SAID EMPLOYEE SHAL L RECEIVE AN ADDI- TI ONAL ONE STEP INCREASE IN PAY; PROVIDED , HOWEVER, TH AT SAID ADDITIONAL STEP I S AVA ILABL E IN THE NEW GRAD E. Th e r ec l as sification of a posi tion o cc upi e d by a p e rm a n e nt employee I N THE CLASSIFIED SERVICE s hall n o t be c onside r e d as a p romotion. • I • • I I r-i ( ( • • • • (d) Any permanent em ployee IN A CLASSIFIE D S ER VI CE upo n being p romoted to a NEW position in t he Caree r Service System shall h a ve probationary statu s AS SET OUT ABOVE in ANY eke po s ition t o wh ic h he wa s promoted, but shall retai n permanent status i n his previous class ificat i on AND MAY TRANSFER BACK OR BE RETURNED TO THAT PREVIOUS CL ASSIFICA'rI ON AT ANY TIME DURING 'I'HE PROB ATION ARY PERIOD. Introduced, read in full and passed at first reading on the ___ day of , 1978. Publ ished as a Bill for an Ordin a n c e on t he __ day of ·-----' 1978. Read by title and passed on final reading on the day of Mar c h, 1978. Publ ished by title a s Ord i nance No. 1978, on the day of March, 1978. ____ , Serie s of MAYOR ATTEST: ex officio City Cl e rk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ord inance, passed on fi nal reading and published by title, as Ord inance No . , ~eries of 1978. ex officio City Clerk -Treasu re r -2- • I • • ( \ • • - l NTROOUCB o AS A BILL BY COONC ILMAN_~~- A BILL FOR AN ORD INANC E AMCN OI NG SECTIONS l ANO 2, CHA PTER 7, T ITLE XI I I OF T HE 196 9 ENGf.E "OOo MUNICIPAL COOE RELATING TO GENERAL EXCEP-rxoNs FROM T HE REQUIREMENT FOR SEALED, COMPETITIVE BIDS F OR PUllClfASEs OF COMMOOITlES, SUPPLIBs, ANo EQUIPM ENT IN P.XCEs s OF ONE THOU SAND DOLLARS ($1,000.00). , HBREAs, Se ction 113, Part IV, Art ie re x o f the Ch arte c of the City of Englewood cequire s t h e purch asing office , of t he City to give ample opportunity for •••l e a, competi tive bidd i ng i n t he P urchase of any supplies, materials, or e qu i p- me nt, i n e x cess of One Thousand Dollars ($1,0oo.ooJ bu t a u thor- i ee s City Counc i l, by ordinance, to ma ke g e n e c,1 e x ception, t o th is r e qu i r e me nt, and WII E REAS, City Council ha, determined that i n cer t a i n in stance s h erei n a ft e r enume rated, the r e quire me nt for comp e t itive bidd i ng i s u nn eces sary, and that it would b e i n the be st i n ter- e sts of t h e Ci ty to Wa ive the r e quire me nt for such b i dding in t hose ins t an ce s, NOW, TH E<<J<,•oRE, BE lT OROAIIIED BY T HE CITY COUNCIL OF 1'HE CITY OF SNGLE WOOD, CDLORAoo, as follows, Sec t i on 1. -·-----.::.. That Section l ana 2 of Chapter 7, Title x111 of the 1969 Engle wo od Municipal Code is h e r e by amended to read as follows: 13·7-l, Ge n e ral Exception s t o P u r ch a se s Wi thout Bid s (a) The City Council shall ha v e t he a uthority to author i z e th e City Ma na g e r to purchase commod i ti e s, e qu j pm e nt, devices, machinery, ma t e rials and Parts upon the open market or through negotiations and wi thout r e ceiving s e aled, competitive bids t h~re f o r, in the following gen e ral situat i ons: (l) In the purc ha se of special equipment, d e vices, machin e ry, materials and Parts Provided that the sa me are available only from one (l) source and no similar d e vices are available or a ble to • I • • ( \ • • • - satisfactorily serve the n eed s of the City . (2) In the purc hase of materials , e qui pment , machinery or de v ices where the standardization of such materials nnd e quipme nt is n eces s ary to ens ure the prope r functioning of e x isting e quipme nt, mach i n ery , or de v ices and/or to prevent the dup- lication of e xi sting equipment. (b) The Cit y Ma n age r a nd h is designees shal l have t he aut h ority to p urchase sup plies , materials and e quipme nt i n e x ces s of One Thousand Dollars ($1,000 .00), upon the open mark et or through negotiations an d wi tho ut receiving sealed, competitive bid s the re for, in the following situations and subject to the following c onditions, pro- v ide d that non e of such purchases shall excee d Ten Thousand Dollars ($10,000.00): (1) In the purch ase of wa t e r mete rs, fire hyd rants , gate v al v e s a nd fire hose, p ro v id e d that notice is g i ven to all firms wi thin the City of Engl e wood offering the identical ite ms for sale a nd e ach is given the opportunity to gi v e info r mal pr i c e quotations for the purchase. (2) In the purchase of sa ndgrave l aggregate and asphaltic mate r ial s to be us e d for street fill, repair and main t e n a nce , prov ided that all suc h purchases s h a ll be based upon a unit qu antit y basi s. (3) In the pu rchase of special devices, a nd machine repair parts for both moving and stationary mechanical d e v ice s, provided that the same are a vail a ble only fro m one (1) source , and no other ge nerall y simi lar device i s a vailable fro m another source . -2- • I • • • • • • (4) In the purchase of replacement parts and e 1a ipme nt , wh e n furnished as a part of a r e pair s e rvice to e quipment owned or leased by the City . (5) In the rental of equipment and machine ry, provid e d that the period of rental is for an indet e rminate time a nd the rental fee is n e gotiated upo n a unit of t ime basis. (6) In the purchase of materials an d eq uipment wh ere the standardization of such materials and equipment is necessary to ensure the prope r funct- ioning of e xisting equipme nt and/or to prevent the duplication of existing equipment necessitated by the award of a low bid to alternate-make equi p- ment when such purchases are expressly approved by the City Man age r. (c) The City Manager and his design ces shall have the authorit y to purchase commodities , supplies and equipment under any general bid or purchase contract of the United States Government, State of Colorado or oth e r governmenta l jurisdiction at the pri ce s, terms a nd c onditions c ontained therein wh e n in the opinion of the City Manage r the governmental unit is deemed to be the source of the lowes t and best bid. 13-7-2 : Purchases With Bids Nothing herein shall be construed to prohibit the Purcha sing Officer from calling for sealed, compet- itive bidding upon any purchase of s uppli e s, materials, and equipment in any case where he det e rmines it ad vis- ab le to do so , the sole intent of this chapter being to dispense with the n ece ssity therefor at the option of the said Purchasing Officer, in the purchase of those items described in S ec tion 13-7-1 hereof. In all cases where purchases are made without calling fo r se aled, competiti ve bidding, the Purchasing Offi ce r s hall utilize such means of purchasing the items i nvolved as he believes will ass ure that the pri ce s paid by the city do not exceed the reasonab]e market values of the supplies, mat eria ls or eq uipme nt so purchase d. -3- • I • • - • • • • • • on the Introduced, r ead in full and p as s e d on First Rea d i ng 6th day of Ma r c h, 1978. Publishe d as a Bill for an Ordinance on the ~8thd ay of Marc h, 1978. ATTEST: I, William D. James, do h e r e by certify that the and foregoing is a true, accurate and compl e te copy of a for an Ordinance~ introduced, r e ad in full a nd passed on r ea ding on the ~~-day of Marc h, 1978. above Bill first ~~ <2?£1----- e x of fic i o ~erk-Treasurer -4- • I • • n - ' • • • • • I NTRODUCED AS A BILL BY COUNCILMAN SMIT H. BY AU'I'HORI 'i'Y ORDINAN CE NO. 6 , SERIES OF 1978. AN ORDINA NC E AM E NDING SECTIONS 22.4-13, ENTITLED 'I-1 LIG HT INDUSTRIAL DISTR I CT', OF THE CITY COMPR EHENSIVE ZONING OR DI NAN CE (ORD. #26, SERIES 1963, AS AMENDED), AUTHORIZING AU TOMOBILE WRECKING YARDS AND JUNK YARDS AS A CONDITIONAL USE. NO W, TIIEHEFORE , BE IT ORDAINED BY TH E CITY COU NCIL OF THE CITY OF ENGLEWOO D, COLORADO, as fol l o ws : Se ct i on 1. That Section 22.4-13 of the City Comprehensi ve Zoni ng Ord i nance (Ord. #26, Seri e s 1963, a s amen d e d) is hereby ame n de d by adding a n e w sub-section "h" as follows: I-1 Light Industr ial District CONDITIONAL US E S. Prov i ded the publ ic i n t e rest is fully p ro- tected and the following u se s are approved by the City Pl anning and Zoning Commissio n an d Ci ty Council: (1) Us e s (a) Aut omobile Wrecki ng Yard s And Junk Yard s (1) Any automobi l e wrec k i ng y ard o r junk yard ope ne d after t he ef - fecti v e date o f this Ordinance shall be on a parcel or adjoining parcels of not less tha n on e acre but not to exceed one a n d one- half acres . (2) Any automobile wrecki ng yard o r ju nk yard approved pursuant the prov isi 0ns of this Ord inance or an y e x istin g automobile wr ecki ng yard or junk ya r d ex- panded unde r t he provisions of this Ordin ance, shall be set back no less than 150 f ee t fro m the boundary l ine of an y resi- d e ntial or residential-profe s- siona l z one district . • I • • r, - • S ec tion 2. ----- • • - (3) Any automob i l e wrecki ng y a rd o r jun k y a rd approv e d pu rs ua n t to t h e prov is ions on it s per i mete r wi t h a solid, n o n -tr a n spara n t v e rt ical wall or f e n c e with a ma x jm um of tw e lve (12) feet meas u red fr o m ground l e v el . Fe n ce s of wov e n wire or chain- link ma t e rial s hall be p rohibited . ( 4) Any l\u tomobi le wrecking or junk yard a pproved pur s uant to the p r ov isi ons of this Or d i n ance a nd all yards e x i st i ng on t h e effec t- ive d ate of t his o rd i n a n ce s hall comply with Secti o ns 1 th r ough 11, inclusive, c h a pter 2, Title VI of the 1969 Engl e wood Mun ic ipal Code, as a me nded, entitle d a uto wr e cking and junk y ards, a nd all other applicable c od e s or ordinances. (5) Any automo bile wre c king yard or junk y a rd which which is lic e nsed ~ by the C i ty of Englewood on the effe ctive date of this Ordinance shall be d ee me d to be an a pproved y a rd whether or not it has a min i mum are a of one acre, and su c h yard may be e x p anded o nto a b utt i ng property provide d t hat suc h e xpanded yard conforms to the require me nts of this and a ny o t h e r appli ca ble c od e s or o rd i nances. Th a t "LJ mitation of External Ef fect s of Uses." and, "Scree n i ng." s hall b e r e d esignate d as sub -sec t i ons "i" a nd "j " re sp ecti v e ly. In t r oduced , r ea d i n full a nd pa sse d on Fi r st Re ad i ng o n t he -~da y o f Jan u ary, 1978. Publis h e d as a Bill fo r a n Ordi n a n ce on the __ d a y of Jan ua r y, 1978. Rea d b y t i tle a nd pa sse d o n fina l r e a ding on t he da y of -·-_ __ , 1978. -2 - • I • • r-, - • • • • • • Publishe d by title as Ordin ance No. , Serie s of 1978, on the _____ day of :-TI-78. MAYOR ATTEST: ex officio City Clerk-Treasurer I, Willi a m 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 1 978. e x officio City Clerk-Trea s u re r -3- • I • • .......... n - ' \ • • • - IN'rRODUCED AS A BILL BY COUNCI LMAN SMIT H. l3 Y AU'rHORI'1'Y ORDINANCE NO. 6 , SERIES OF 1978. AN ORDINAN CE AMENDING SECTIONS 22.4-13, ENTITLED 'I-1 LIGHT INDUSTRIAL DISTRICT', OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. #26, SERIES 1963, AS AMENDED), AUTHORIZING AUTOMOBILE WRECKING YARDS AND JUNK YARDS AS A CONDITIONAL USE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 22.4-13 of the City Compreh ens ive Zoning Ordinance (Ord. #26, Seri e s 1963, as amended) is hereby a mended by adding a n e w sub-section "h" as follows: F2. 4-13 h. I-1 Light Industrial District CONDITIONAL US E S. Provided the publ ic inte rest is fully pro- tected and the following u se s are approved by the City Planning and Zoning Commission an d City Council: (1) Uses (a) Automob ile wre cking Yards And Junk Yards (~) Any automo bile wrecking y a rd or junk yard opened a ft e r the ef - fective date of this Ordinance shall be on a parcel or a djo ini ng parcels of not less than one acre but not to e xc eed one ~nd o n e- half a c res. (2) Any automobile wr ecking yard or junk yard approved pursuant the pro visi0ns of th i s Ordinance or a ny e x istin g automobile wr ecki ng yard or junk yard ex- panded und e r the provisions of this Ordinance, shall be set back no less than 150 feet from the boundary line of any resi- d e ntial or residential-profe s- sional zo ne district. • I • • ...... (' ( • S ection 2 . -~~·~ (3) • • - Any automobi le wrecking yard or junk yard approve d pursuant to the provisions on its perimete r wi t h a s olid, non-tran s parant v e rtica l wa ll or fence wi t h a maxjmum of twel ve (12) f ee t meas ured from groun d level. Fe nces of wov e n wire or ~hain - link materia l s hall be p ro h ibited. (4) Any Automobile wrec king or junk yard approve d pursuant to t he pro v isions of t his Ordi n ance a nd all y ards exi sting on t h e ef f e ct- ive da te of t his ordinance shall comply with Sections 1 through 11, inc lusive, cha pter 2, Title VI of the 1969 Englewood Muni c ipal Code, as amend e d, entitled a uto wr eck ing an d j unk yards, an d all other applicab le c ode s or ordinances. (5) Any automobile wr ec king y ard or junk yard whic h which is licensed ) by t he City of Englewood on the effectiv e date of this Ord i n anc e s hall be d ee me d to be an ap proved y rtr d whether or not it has a minimum are a of one acre, a nd such yard ma y be expa nded on to abutti ng proper ty provid e d t hat suc h xpande d yard conforms to t h e req uiremen ts of this and a ny other applica ble cod e s or ordinance s. Tha t "L j mitation of External Effects of Uses." and, "Screening ." shall b e r e d esignate d as sub-section s "i" and "j" respectively . In reduced , read in full an d passed on First Re ad ing on the -~da y of January , 1978. Published as a Bill for rtn Ordjnance on the ~~day of January , 197 8. da y of Rad by title and passed on fina l r e ad ing on t h e ~~~-' 1978. -2- • I • • - (' • • • • • • Publishe d by title as Ordin ance No. , Series of 19 7 s, on the ____ day of ~-TI-is. MAYOR ATT EST: ex officio City Cl erk-Treasure r I, Willi a m D. James do hereby certify t hat the a bove and foregoing is a true, accurate and comp l ete copy of the Ordinance, passed on final reading and publish ed by title, as Ordinance No. , S erie s of 1978 . e x officio City Cl erk-Tre asure r -3- • , I • (' • • • • an d foregoing is a true, accurate a nd c omplete copy of a Bill for an Ordin a nce, introduced, r ead in full a nd pass e d on first r eading on the ___ day of January, 1978. ex o ff ic{o City Cl erk -Treasure r -3 - • , I • • - ' • • • • RESOLUTION NO. -~--' SERIES OF 1978 . 6e A RESOLUTION ACCEPTING A DEED FRO M ARAPAHOE COUNTY QUIT CLAIMING l\NY IN'l'E REST 'l'HE COUNT Y MAY HAVE IN BAKER PARK. WHEREAS, th e re is s ome que stion conc erning the title t o Baker P a rk in the City of Englewood; and WHE RE AS, the City has constructed substantial impro ve - me nts upon the prop er ty and there is a publ ic need for the prope rty a nd t he park ; and WH ERE AS, the Co unty may presently hold an intere st in the property. NO W THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWO OD, COLORADO, as follows: S e ction 1: Th e City of Englewood, Colo ra do a c c ep ts the Quit Claim Deed of the County of Ar apahoe , State of Co l orado , fo r Lot s 7 and 8, Bloclc 2, Southlawn Ga rd e ns Ann ,~~:, .\rat>a,1oe Co unty, Colorado . ADOPTED AND APPROVED THIS ___ day of Mar ch , 1978 . MAYOR A'l'TE ST: e x offic i o City Clerk-Treasurer I, Will i am D. James, Ex Officio City Clerk-Treasurer of the C ity of Englewood, Colorado, do hereby c ertify that the abo ve and foregoing is a true, accurate and complete co py of Resolution No . , Seri e s of 197 8. Ex Offic i o City Cl erk-Trea sur e r • ) I • • ' \ • • • • 1tf't'•Jlli09 No.·-·. -----==----=-===---------. --------=~=, T111 s Dr.cu. >r,d , u .1 , '1 1 \. d,1 01 \ I,.-••)· 1• 7 8 h, 1"'""" Ar,11xU100 County, Col o r a do, a bcrly corr rat.c and ,ol1t1c of tl,e 1i...l# of C'olnrndo, of the fitlt part, a nd 'Ihc Cl ty o f rn,J lC\,,KX)lj, a rrunici pal curpo.rat100 estr'lblishcc.1 pursuant t o t ha laws .,, the County ot Araf..ahce a nd t.t ·,u of ,·,.1t,n1lo,1,ftl1encond111rt, 3400 SO . E]ati , tng k ...... ·rnd, Cn l oraJo'------------- WIT~F.SS l::TU , Th::it t he u id party of t h f irst part, for a nd In cnnaldc utlon of the surn of Ten Ch] lars and other yocd and val u.3ble 1,..'0f1~1 d e>rat1a, --------------DOI .LA RS, tu th• ~ .. i,t JH,rt y of U,e tint part ln h11nd paid L)' the u ld :,art y o f the 1rrond part, the rCC'f'lpt whereof 1. l1crcby cc.n fc11ed and ul(no•·l,Jl;rd, ha S rcm lu•d, nlnsed, 1old , ci,n•tJed and QUIT CL.\IlfEO, a.nd by lhl'lt 11rr1rnt, do l'S remi 1", n luu, nil, ron,t'J a nd Q l;JT C l Al!lf unto tb• Hid part Y ot th, 1t'cond part, l ts :'C~ ,urnu"rs and 11011,'"Jla, for C'ur, all ti.I! t l,rht, title, lr:il.f'rut, d alrt1 and detnand whlth lli• .aid ,-art Y of ll,e f ir,t rart ha S in ud tn th• f olio .... inf d,~rjl).,d lot or p:irnl of land ,ttu ,i.., l>·Ul r L">d 1 .. ,i ,1,: in th• Coun ty of Arapahoe a nd St.a It of Colorado , Lo wit: Lot.s 7 and B, BI eek 2 , South lawn rclcns l\nnex ST A TE OF COi.OR \ DO , Coumy of I..J c1 1..al ice J ... [SEAL] 1·1,e fun inm1r ir ur-.i nh 11 t wu •~·knowled1:•d be.fur• rue tJ111 i i day of ?: (( · th' e1 l ';I-rd 1~78 ,br • J dt"l J. r~1c.,oll 1 O,arles A. Pitts , ,md '!"'! 1,,35 R. C');ert as Poa of s-0:.1.,r y Co:1· .. H:,sfr»1\;:rs of the County of ArapaJ,O? and t-'.:H JOn<? r"ge , Clerk to S3il ~1fffi1iJi\f't.,,on u.p1ru / .· '• ~; ,~.:,· , HI :i , . W1tncu my h od a.n d off ici al auL ; L, ~l • • l -0'~-L . :.. I , ./,., I. "..t .. _: .. .... • • ,: / a11 ... :.r::)~I~ :,•:• t ;; 1 1 : ·: I) ,~I I t~,-: L; : •;:,~'!•~Mt:~·~·~,,"' -~~rs,.;::;.\~ ~!rr::• :,:;:~:. i:: .. r;,1·1~,••J~l;al,l~i'1 1:~ t':ri~1 ~;1;~~:1~,°~0-:. :;,l,",.11 ""1.,~~:'·,:t~:•1\~ '_~1•r ~.:,'!~':',r:, c::~•~ .. ':_1':i,';~t.i.'14uat or t:tb.r '-ftlOtr. "' ,uc:b cirri .. "tlc.n. r..n 11,1 11 -j,1••11 1.,.,. 'lit1 , !tSS. WI 11 11 """ hi r II D"'<Uor4 P~L'ldt,.-Gt u ... O S,. ,18~ D.-.,.,.. c.Jorw'- • I ,.· i .. ··, l . ,· I ,• , I • • ' • • • • RESOLUTION NO. SERIES OF 1978. 6e A RESOLUTION ACCEPTING A DEED FROM ARAPAHOE COUN'rY QUIT CLAIMING ANY IN'l'EREST 'l'HE COUNTY MAY HAVE IN BAKER PARK. WHEREAS, there is some que stion conc er ning the title to Baker Park i n the City of Englewood; and WHEREAS, the City has constructed substantial improve- ments upon the property and there is a public need for the property a nd t he park ; and WHER EAS, the County may prese ntly hold an interest in the property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1: The City of Englewood, Colo ra do a ccepts the Quit Claim Deed of the County of Ar apahoe , S tate of Co lorado, for Lot s 7 and 8 , B1oc1< 2, Southlawn Garn 'ns Ann :~>:, .\ra tl a ,1oe County, Colorado. llDOP 'fED AND APPROVED THIS ____ day of March, 1 97 8 . -------~---MAYOR ATTE ST: e x officio City Clerk-Treasurer I, William D. James, Ex Of ficio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certi fy that the above and foregoing is a true, accurate and comp lete copy of Re solution No. , Series of 1978. Ex Officio City Cl erk-T r easurer • , I • • ·In - ' • • • • - iw~u,o~ a c. ........... -··--• ('u•r--.--•~ -· ·-··-· ---·--· --·· .. ,. ... _ ··-·-- ----Rl'corder. ------==----==----------·------=-· -----== Tn,s Du:11 . 11,d,•u,,, '1 1\.. d,,., f ( , .. ,)·••7 8 , 11, ,,.., •• ,n Ar,1 1 :lhoe County, COlo ra1o , a. tx..:!)• L"OfT4'lr.Jtc and 1o l 1ltc of tl,o ,i..i.,, of C'olnrndo, of l he fi nt put, and Ctty c:.,f tn.;k~, a nunic i pal rorpor a t 1cn cst:i\bl is.'lc<l rw.,,uant o thr-l a'wrt's ,,f tha Co11nt 1 ot Arar..ah u:d It ,t.. of (',lu1l11fo,"f tl,e ,econ d p1tt , 3400 SO. Elat1, l))g],-... YX!, 01loraJo WI TSESS ETH , Th ~t tt,, u id v•nY o! 11 • f 1r1t par, for •nd In cnn ,idru llon of tho aum ot Tel1 D">1 lars and othe r ~rxd 1t..1 \'3lu,lble l."f)l1 c;.1 d(•ratia, --------------DO LLARS, tu th, ,,.;,1 p1o r1. y o f tht fint part ln hi.nd pa id 1')' the u i1 pu t y of the 1N·o nd part, lhe rectlpt wh ereof 111 l,crtli)' C'(,n fcued a nd ar\nowl,.!,t'd, ha S t t'tnl•,d, relN.w-d, s old, cn ri .-lJl'd and QUIT CLAJ?ifED, and bJ thl N prrl(nU do CS um·u ,t , n lust, H 11, un,tJ and Q I IT C'I Al ~I unto t h• Hid psrt Y of lh I C'c ond part, J tS ,C\JQ(, ,uueu "rs i nd 1111 16,"TII , fo rr,·e r , a ll tie 11,;hl, t ll lt , le t.n u t, d alra and demand -·hkh the uld ~aart Y of tl,e fi ut rut M 5 io ,.nd u, thf' foll o" an r dr'<'r1h+'d lot o r p:r.rC'el of land 11tua u , l)·llle and J ... i111: in the Cou nt>' of Arapahoe a nd S i.le or Colorado, \o •it.: I.Dt.s 7 and 8 , Bl ST.,\T E OF C'(I J.OR \00, Coumy or h.l .Jeal ,oe J ... 2 , .. thl,,wn -n .k°'n s Annex [S EAL) 1'1,r fur• er,1n 1 h n ~ .-11.-ut was a r kr.owledeed bt:.f~rc ,ue t hi • / ,; da y of :,: ~ · • 7 _A,# 1978 ,b)·" Jd1., J . ·;1c.,oll, O,arles A. Pitts , and ~mas R. f.')Jert as the ~rd o!' OJ.'lty co, .. osi,Yh rs of the Count y of Arapah and r-a.1Joric P.1ge , Clerk to S 3 l .1i'r . 1ifri f'h 1on ,..,p1 r ~1 / ;. , ; ,~ .:,· , 19 :, I , W,tn('!II my hud &n d ofr1c:i •I au .L ,• -·,,~ .. , L I I ---·-=-. ----------· -- 111-.:i!:. bl~ :,':,1 i"~t ... ~· ': •.• ~·I ~}!'~; : ·:.:l~,.,.~'"'. :-~·~t r"'-~~.~:;-~~ ~!rr ~:· :,:~:~!1 ':,.r;r ~:-J.'i~1:~t .. :~ ~'W~~I :;/j~~:·~t~.~ r;./~,,th,r11,~~7ri,::;•• :~:n1 1·1~_',f ,•~~!:::!~;',f,r, "1:~•;~1~.1;•,u ,.•ld ..at or r !btr 1,U1 0tr1 (.f t ucb 0'\'1 ""'''""-Ti n h,s It #11 '"1"''11 -.:0 , !fSS. I.t i If 11 u 1.1111ru o .. d1<114 P ~l'l,~11r c. u :,o s,., .. ,1~0 .,11",c..io .. ,. • I i.· ! .. ~ , .. ' ,. ) I • • - - \ • • • • • RESOLUTION NO. , SERIES OF 1978. 6e A RESOLUTION ACCEPTING A DEED FRO M ARAPAHOE COUNTY QUI'r CLAIMING AN Y IN'l'EREST 'l'HE COUNT Y MAY HAVE IN BAK E R PARK, WHEREAS, there is s ome question conc er ning the title t o Baker P ark in the City of Englewo od; an d WHEREAS, the City has construct e d substantial impro v e- me n t s upon the prop e rty and there is a public n e ed for the property a nd the pa rk; a nd WHEREAS, the County ma y pr e s e ntly hold a n interest i n the property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: S e ct ion 1: The City of Englewood, Colora do a cce pts the Quit Claim Deed of the Coun ty of Ar apahoe, State of Co lo rado , for Lot s 7 and 8 , Bloclc 2, Sout hl a wn Gard e ns Ann ,~>:, .1rat)a;1oe County, Colo ra do. ADOPTED AN D APPROVED T HIS ___ day of Mar c h , 1978. MAYOR ATTE ST: ex offici o City Clerk-Treasurer I , William D. James, Ex Off icio City Clerk-Treasure r of the City of Engl e wood, Col orado , do hereby ce rtify that the above and foreg o ing is a true, accurate an d complete copy of Resolution No . , Seri e s of 197 8. Ex Officio City Clerk -Treasurer • ) I • • - ( • • \ • • • • "-ll'tUfUNII •"--········-••••···-·· 0 C'IOC'..__, ____ • -•·•-•··-•--.. -·---·•••• ........ -·· ·-··--- R"'c•JIHOD No .... -...... ·•··--······-··--··--..... ..... ···----RC'C'Order, ==--==---=--=-=-~=--=-=----. ====='11 T111s OF.Eu. M,d , ti,!, 'I\\. doy or r I_• •., )· 1'78 h. '"'" .. " Ara1 ..... 1hoo Coun ty , Col orado, a bed~· c.:orporatc and 1o l 1tic -~ ·-· f'olMnd o, o r lhe flnt part, a nd 'Ille City o f rl'ltJk~, a nun1clpal et.,rpoi-at io, est.'lhJishctl purc;1.1,ant t o the lffWS • f the Count y of Araf.ahae and tt ,W or ,.,.,,.,a.to , c,f 11,e !C'cond part, 3400 So. E]atJ, f))gl( .... 'rYXJ, Cn 1o rado WIT~ESSl:TH, Th,t tJ,. u id P•rtY or ti, fl"t p,,1 , f o, •nd In ,nn,id,nUon of th, •um of Ten D"JJ Jars and other ~oo:l and vaJ u.3b Je ~·onsi d ~ralio, -------------DOLLA RS, tu ti .. ,.;.1 ""t y of th, ffr,t p"t In h>n d p•ld ~,. t h, u ia ""' y of t h, oecond p,,t, th, m ,lpt •>mot 1, 1,mby ,onfemd ,od ,ckn owl<Jced, h, S "'"'"d, "'"·"d, ,old , ,on,.,,d •nd QUIT CL<llf £D, .. d by th,., '""'nto do CS "'"'"· "''"'· ull, eon,·,, a nd Q c l T Cl AIM u,to th, u ld p,ny of th, oe,ond P'"• Jts '1:o.lllf, '"""'"" '"d ""•-n•, t o"""· ,11 tl.t ,iKht , t it!,, io t.,.,t , e!,in, and d«nand •hl,h tt, u ld ""'t Y of ti,, fl,,t r•" ha S to •nd t n th, folio• in y d,,,..,1t,,d lot o, P""' of l••d ,ituu ,, 1,·u,• aod >~inc in th, Co,,., of Arapahoe •nd St,t, or Co!o .,do, .. wit: lnts 7 and 8, Black 2, South lawn Garclen s Annex TO 11.W F. A!<O TO IIOL D t h, "'"'• '°<• >h" •>th •II und "•au!" th, '·I pu,z, n ,n,e, '"d I tivo l, • ., thm,n .. 1,,,1, .. .,;nc o, ,n '"'"' 1,. t h.,,un10 •r P""'"'"•• •nd •II th, , . ., ·"· ric l 1, t ill,, ln tmn ,,,d d,1,. • > ,1,0,...,, of th, ""d l'•rt y or th, f "' p,,t, ,1th.,.J,1~•.11,s'!r ',0/lltr , to ti, o,,ly ,.,,.,, ""• k ·,ftt uod b,hoo t ,r 11, uld 11-.rt Y nfthr a ... t>ond1:in.. ltS 'l~Jia.11~n11:r.1f,aver, I~ WI TSl:S!, II llt:P.t:OF, Th, ,.,d P•rtY of >h , '"" '"' 1., S '""""'° "t l ts ,·;if and !lr11,I 11,<' d•> and )U r f irs t •bto ,e \liri l\l'll. ~ , '.f{isi !don•d. S,•,i,d •nJ 0,11""' on th, P"""" of J JOH! .... l'Hdj~t , f}~ [St:ALJ ,':':-~ ::/,;'f{,(_1;;;..~;:?,:_;., {S EAL) m•r,:sr: · OL~ A. PJ'I"l'S~ F-_ <-"?, ·,,.,,. . Cl_• , •l ,-,,.,_,.,-:, '.A · 7 ~t..1_,t [S HLJ I r '\Cwll~ v"--v....<--. Til"l!AS R. f l'.GE RJ' r I 0 Clerk ( . . . .. _ __ . {SEAL) .STAT£ OF C'OI.O.R \00, Coumy or hJ. ..i!...al KE / ... 1'1,e fu,1 rn,nr i1 ! tr .ma, I wo •duiowJedet-d bdur11 rue thJ 1 / i day o f .?: II · , 1 !A.,.. "78 . h> • J,n, J. ; c:1011, 01arles A. P1t ts, M d "'ion,s R. t ') J<'rt as the g;;;,nl ~;",~o,'.J."t~ Co.1ass1en.rs of the County of Arar-,ah and )'"'JO:,,, P1ge , Cl r to • .1~,/i1 "on up.,,, / , ,. ;,.:, , It ., . lfon,u my hood and ofl,dol , .. t L 7 -,..,. _ l , ... -,~ .. , ·-·' ,/,, .. ~, .. "j/ .... ~,':.~.:.::·,a:;.~··: ",:·.~::·,;: ·:.: !'"'.". ~:·~~ ..... :·:~:;.:~ ~:,r~; :,:.':~:, ~., . ., •;,",~'.":.;· .. :~ r•:1-i:1 ~;1::::·~.·:.-:: ~:;.~>10~,.1::",~~~ ::;•:•,::.',"[! ",';':;• .. •:, •:::-•;~,'.',,\'il:1.'"''' o, <Ib o, ornN~ <I ""~~ .~u,~ "" h•O ii .... .,, .. ..... !f3S. 'II If ( I \1\1 111 1 II D,..,t for,t P'"L'lo}1a_, C.... u : .. u II. .1 t1.,-. o.,,. .. ,. c..loA'9 ---------·-----=--=-= • j • I • • ,-, • • • - RESOLUTION NO. ~ff' , .SERIES OF 1977. A RESOLUTION APPROVING T HE AGREEMENT BETWEEN T HE CITY OF ENGLEWOO D AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, RELA'l'ING TO FEDERAL AID URBAN SYSTEM PROJECT M 1513 (1), FOR MODIFICATION OF 'l'RAFFIC SIGNALS ON BROADWAY FROM YALE TO HAMPDEN, CITY OF ENGLEWOOD. WHEREAS, the Division of Highways and the City of Englewood (local age ncy) have heretofore entered into a Master Agreement for projects on the Federal Aid Urban System, dated the 31, day of December, 1978, hereinafter referred to as the Master Agreement; and WHEREAS, Federal Aid Urban System Funds in the amount of Twenty Two Thousand Two Hundred Dollars ($22,200.00) have been made available for an Urban System Project identi - fied as M 1513(1) for modification of traffic s ig nals on Broadway from Yale to Hampden, within the Local Agency's jurisdiction; and WHEREAS, the City of Englewood has anticipated the total cost of construction to be Thirty Thousand Dollars ($30,000.00), and is prepared to match said Fe d e ral Aid Funds with the City's share in the amount of Seven Th ousan d Eight Hundred Dollars ($7,800.00). NOW, T HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: S ection 1. That the certain Agreeme n t dated the day of , 1978 betwe e n the State Department of Hig.hways and the City of Englewood, relating t o modification of traf fic signals on Broadway from Yale to Hampd e n, is hereby approved and the Mayor of the City of Englewood is hereby authorized and direc ted to execute said Agreeme nt and the City Cl e rk shall attest the same. Se ct ion 2. That said Agree me nt attache d h ereto, together with all e xhibits attache d th e reto, is i nco rporated h erei n as more fully set for t h. • ) I • • n - • • • • • Sec tion 3. The City of Englewood is h ereby authorized to e nt e r into said Agre e ment pursuant to the provisions of 29-1-203, C.R.S. 1973. ADOPTED and APPROVED this ---~-day of , 1 97 8. MAYOR ATTEST: ex officio City Clerk-Treasurer I, Willi a m D. James, e x officio City Clerk-Trea surer of teh City of Englewood, Colorado, do hereby certi fy that the above and foregoing is a true, accurate and complete copy of the Resolution No. , Series of 1977. ex officio City Clerk-Treasurer -2- • ) I • • n - • • • • • RES OLUTION NO.~~--~' .SE RIES OF 1977. A H.ESOLUTION AP P ROVING THE AGREEMENT BET WEEN THE CITY OF ENGLEWOO D AND 'rH E STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HI GH WAYS, STATE OF COL ORADO, RELA'l'I NG 'l'O FEDERAL AID URBAN SYS'l'EM PROJ ECT M 1513 (1) , FOR MODI FICATION OF 'l'RAFFIC SI GNALS ON BROADWAY F ROM YALE TO HAMPDEN, CITY OF ENG LEWOOD . WHEREAS , the Division of Highwa ys and the City o f Englewood (loca l agenc y) have h e r e tof ore entered in to a Master Agreement for projects on the F edera l Aid Urban Sy stem, dated the 31, day of December, 1978, h e reinafter r e ferred to as t he Master Agreeme nt; an d WHEREAS, F e d e ral Aid Urban System Fund s in the amount of Twenty Two Thousand Two Hu ndred Doll ar s ($22,200.00) have been made available for an Urban System Pro ject identi- fied as M 1513(1) for modificat i on of traffi c s i gn a ls on Broadway fro m Yale to Hampd e n, within the Local Agency 's j ur isdi c t i on; and WHEREAS, the City of Englewood has anticipated the total cost of constr uction to be Thirty Thousand Dollars ($30,000.00), a nd is prepared to match said F edera l Aid Funds wi th the City 's share in the amount of Seve n Thousand Eight Hu nd re d Doll a rs ($7,800.00). NOW, T HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLE WOOD, COLORADO, as follows : Section 1. That the ce rtain Agre e ment dated the day of , 1978 between the State Department of Highways and the c ·ity of Englewood, r e lating to modification of traffic sig n a ls on Broa dway from Yale to Hampd e n, i s hereby approved and the Mayor of the City of Englewood is hereby authorized and directed to e xe c ute sa i d Agreeme nt and the City Clerk shall attest the same. Section 2. T h at sai d Agreeme nt attached h ere to, toget h e r with all e xhibits attac he d thereto, is incorporated herein as more fully set for t h . I • • - / • • • • • • Sec tion 3. The City of Englewood is h e r e by authorized to enter into said Agre e ment pursuant to the provis ions of 29-1-203, C.R.S. 1973. ADOPTED and APPROVED this ~---day of ----~OR AT 'rEST: ex officio City Clerk-Treasurer , 1978. I, William D. James, ex officio City Clerk-Treasurer of teh City of Englewood, Colorado, do hereby cer tify that the above and foregoing is a true, accurate and comp l ete copy of the Resolution No. , Series of 1977. ex offi c io City Clerk-Treasurer -2- • I • • In n ( • • • • H E H O R A N D U H --··--·------ TO: FROM: DATE: SUBJECT: Andy Mccown /J.J . William D. Jameaf..7<t' February 16, 1978 Telephone Bids We have reviewed in detail the bid from Northern Telecom on supplying the City with a private telephone system. Northern Telecom has agreed to all of the conditions of the bid specifications, but have requested that the following conditions be agreed to by the City. The City will not violate any patent infringements or trade secrets. The City will not divulge any technical information or proprietary rights. The City will not sell the software license used for control of their computer system. I can not see forsee any problems with the above conditions and would reco1111end that they be incorporated into the City's contract (bid docu- ment) with Northern Telecom. I have also investigated the possibility of a lease/purchase agreement to finance the t e lephone system. If the City financed the telephone equipment an additional $45 ,000 to $50,000 in interest would be paid during the term of the l ease. The Cit y would not realize a return on its in- vestment until the 7th year plus spending the additional funds in interest, A lease/purchas e agree ment is an effective finance tool to use when funds are short or a number of projects need to be completed with limited capital available. We are anticipat i ng that we will have an additional $400 ,000 to add to the General Fund Balance at year end 1977. The details of which will be for- warded for review to be sent on for the 21st of February Council meeting, The City is, therefore, in a position to pay the cost for a telephone system out of the fund balance. The pay back period is then 4 years instead of 7. The cost of a private system is further reduced by the interest savings that waa previously presented. The coat of a private system over 10 years • ) I • • - ( { • \ • Andy Mccown Telephone 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 f or trunks and non-continuous property lines). Therefore. we recommend the purchase of a private telephone system from Northern Telecom in the amount of $119.100. jlw • • I • • I r:, - • • • - M E H O R A N D U ~ TO: FROM: Andy McCown, City Manager o/ 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 compare the bids from Northern Telecom and Mountain Bell over a ten year financing period. This period of time was chosen basically because we could finance the basic annual system cost out of our current budget appropriations. The attached report from Control IV, the City's consultan~ 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 Coats $ 340,922 537,840 500,572) (Bid prices include all costs except long distance charges) Both the Northern Telecom and Mountain Bell systems are comparable 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 communication system. It should be noted that after ten years the City would own the private system but would continue 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 received and the informa tion and analysis we have done, I recommend that Northern Telecom be awarded the bid for supplying a City wide telephone oystem. jlw --~------~~----· I • • ( • • • - 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 Dillion corporation whose bidwaa $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) I 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 inc l udes trunks and maintenance but makes no allowance for tariff increases. (SEE DE TAIL 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 c harges will remain as they are now. Consultants' Recommendation The parameters of our recommendations are based exclusively on economic and technical features 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 Annual Totals 1 15,607 1,656 12,824 None 30,087 • • - NORTIIERN TELECOM DETAIL SHEET YEARS 2 3 4 s 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 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) This 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) $320,012 (2) Interfaces are shown as abandoned at the end of the second year as a result of the certification program of the F.c.c. (3) No tariff 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 1 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 aasumption is that~ further tariff increases occur in 120 months. ** Dimension assumes !!!?. tariff increases in 120 months. • ··---- • • • - COMPARISON OF MONTHLY RENT Average Monthly Rent BELL* First 120 Months Total 120 Months Cost Present S:i::stem $ 4,171 $ 500,572 Dimension Conventional Rent $ 5,563 $ 667,560 5 Year Tele Lease 4,400 528,000 7 Year Tele Lease 4,416 530,004 10 Year Tele Lease 4,482 537,840 PRIVATE Northern Tele Com** 10 Year Tele Lease $ 2,744 $ 329,313 it is anticipated that the annual increase in tariff will be at least 5% per annW11. This increase is .!!.2! reflected in these figures nor are taxes or move and change charges nor insurance as required under tele lease contracts. ** Private it is anticipated that the 5% increase in tariff will reflect in the trunk charges, but is not shown. Some increase in maintenance should be allowed for but is not included. • • - • • • - RESOLUTION NO, ~,, 1 SERIES OF 197 7 i3 A RESOLUTION REQUESTING U, S, HIGHWAY 2 85 (HAMPDEN AVENUE ) BE'IWEEN SOUTH BROADWAY AND SANTA FE DRIVE BE DESIGNATED AS A PRINCIPLE ARTERIAL, WHEREAS, the City Council of the City of Englewood, Colorado , has adopted the conce pt of a c ouplet (Hampden-Ithaca) b e tw een South Broadway and Santa Fe Drive; and WHEREAS , U. S. Highway 2 85 is now designated as a "limited access facility" in this a r ea; a nd WHEREAS, th e "limited access facility " designation would not b e in the b est interest of the couplet concept or the City of Englewood; NOW, THEREFORE, BE TT RESOLVED, that the Council of the C ity of Englewood requests the Denver Regional Council of Gov ernm e nts , acting as the Metropolitan Planning Organization, to change the des ignation o f U. S. Highway 285 between South Broadway a nd Santa Fe Drive fro m a "limited access facility" to a "principle arterial. " ADOPTED AND APPROVED THIS day of-------· l 97 • Mayor ATTEST: ex o ffi c i o City Cl e rk-Treasurer I, William D. James , ex officio City Clerk-Treasurer , of th e City of Engl ewood, Colorado, do hereby certify that t he above a nd foregoing is a true, accurate a nd compl e t e copy of Resolutio n No , , Sc1ies of 1 97 • ex offi c io City Clerk-Treasurer • I • • r.. ( • \__. • • • RESOLUTION NO. ____ _. SERIES OF 1978 7B A RESOLUTION REQUESTING U. S. HIGHWAY 2 85 (HAMPDEN AVENUE) BETWEEN SOUTH BROADWAY AND SANTA FE DRIVE BE DESIGNAT E D AS A PRINCIPU ART..ERIAL. WHEREAS, the City Council of the City of Englewood, Colorado, ha s adopted the concept of a couple t (Hampden-Ithaca) between South Broadway and Santa Fe Drive; and WHEREAS, u. S. Hi g hway 2 5 is now designate d as a ''limited access facility" in this area; and WHEREAS, the "limited access faoiUty" designation would not be in th e bes t interest of the couplet concept or the City of Englewood; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Englewood requests the Denver Regional Council of Governments, acting as th e Metropolitan Planning Organization, to change the designation of u. s. Hi ghway 2 8 5 b etween South Broadway and Santa F e Drive from a "limited access facility" to a "principle arterial." ADOPTED AND APPROVED THIS ___ day of ------~' l 97 8 . Mayor ATTEST: ex o ffic io C ity Cle rk-Treasurer I , William D. James, ex officio City Clerk-Treasurer, of the City of Eng l ewood , Colorado, do hereby c e rtify that the above and foregoing is a true, accurate and complete copy of R es olution No . , Se ries of 197 • ex officio City Clerk -Treasurer I • • $ ., • :: • • • • International Container Company, Inc. 1603 Wolverine Dr. S .E. P. 0. Box 1484 Decatur, Alabana 35602 (205 I 353.311 1 The Honorable James L. Taylor Mayor 3400 South Elati Street Englew ood , Colorado 80110 Dear Mayor, Fe bruary 23 , 1978 R E ", r'° I \ J ,-1-, \..,t.j V C.U r~it? 2 1978 WY MAN:\Grn'S Offl C' EN G1.i:\'100D I would like to express my appreciation to you and your Councilmen for allowing us to present our Litter Receptacle Prog ram at your February 21st meeting. I do hope that all questions you might have had were answered, if not, we would be happy to do so at any time. In considering this program, please g ive thought to these items at no cost to the City, attrac tive new units, maintenance, repairs or replacement, a free space on each unit for city or civic use, plus an advertising media for l ocal business people where local business is done. Al so , this could release the old units to be placed around schools, parks or other areas you might have a litter problem . Thank you again for c onsidering our program, I remain, Sincerely ,Jours, , f ·// • ' j. J ac k D. Payne; President JDP/pw • I • • n • - THERE IS GENERAL AGREEMENT PO Bo" 187:, Eng lewood Coloraao 00150 (303) 761 6809 Hon. James L. Taylor., Mayor. City of Englewood 4111 South Broadw ay Englewood, Colorado 80110 Dear. Jim: Ma r.c h 6, 1978 Wh e n we las t t alked on the phone February 27th, you t old me Andy McCown and Do n Web e r were at the Highway Department nego tiating f o r the Hampd e n-Ithaca Couplet. It did not occur to me that we were mis-communic ating , because Andy and Don were actually at DRCOG with CONSENSUS representatives as we ha d a g reed wit h And y a nd Don Weber. I apologize for misinte rpreting your remarks and for the remarks I made that Andy and Don were n o t coo pe rating with us, becaus e they hav e . Since we had caref ully planned and were im pleme nting the March l , 1978 strategy for ob t a in i n g Hig hway Departmen t a pproval , I hope yo u can und erstand why I was up se t . On Mar c h 2, 1978 representatives of CO NSENS US , local governments and RTD did meet with Dick Brashe r and the Hi ghwa y Departme nt s taf f. Kells Waggoner and Richard Wa nu s h represent e d Englewood. Aft e r lnitial o ppo si tion from Dick Brasher , we ultimat ely acc ompli shed assurance fr.om him a nd his s t a ff that the Santa Fe one-way coupl e t wi ll be given serious consid eration . We obt ai ned substantial support fo r the Hampd e n-Ithaca Co upl et a nd fo r an interchange at Ham pd en and Santa Fe as pre sent e d by CONSENSUS fo r the one-way coupl e t on Santa Fe . CON SENSUS engineers a re now working with Highway Department e ng i- ne ers to check feasi bilitie s of the Santa Fe c ouplet and for. extending it f urther. south of Littleton . Highway Department appr oval of the Santa Fe c oup- let intercha nge is essential to their approval of the Hampden Couplet. On Fr.iJ ay, Har.cl, 3, 1978, COi-l SEN SUS voted un ani.Juuu,;l y for a Resolu tion to Englewood City Counci l requesting Englewood 's s upp ort fo r Sa nta Fe one-way coup let plans. W1: ce rtainly wi 11 not b e ab l e to o btain s up port from Littleton, DRCOG a nd other s for th.,se Sa nt a Fe impr o v e me nt s without the en thusiastic s up- port of Eng Lewo nd . Englewood ma y wa nt to c on ditio n Santa Fe a pproval on the o n e -way couplet pl a ns not osting mor e than any o th e r via bl e , o r feasible solu- tion for handling increa sed traffic o n Santa Fe . We ar e posi tive th e Sa nta Fe c ouplet is th e least exp e nsive, as well as the most worka bl e pla n . We a r c also conv i n ced the Highway De partme nt will not be delayed in co nstructing Sa nta Fe improveme nts b ecause of the o ne-way couple t. I • • ;.. • .:: • • ·----------~------..a......."'"'------------ Page 2 Hon. James L. Taylor, May o r Mar c h 6, 1978 If Englewood will cooperate by dedicating the nec essa ry right-of-way for the couplet east of the new golf course, then Santa Fe improvements cancer- tainly be accomplished more quickly and at much less cost. We are working with other property owners along the proposed alignm en t for dedication of right-of- way without cost to the Highway Department. Our Santa Fe plan eliminates many millions of dollars of right-of-way and r elocation costs that would result from taking Santa Fe Drive frontage for widening as required for RTD and others. Jim, I understand you will be meeting with directors of the Chamber of Commerce Thursday when they vote on wheth e r or not they will support Englewood's Central Business Area redevelopment. Once again the future of Englewood is in your capable hands. CONSENSUS and I personally urge your strongest possible efforts to obtain the Chamber's enthusiastic s upport. If you should not be able to attend, will you please let us know so we c an arrange for some one else to take this responsibility for leader ship . We have had many meetings with officers, d i rectors and Chamber executive commi ttee. These plans were subllitted to the Chamber Board a month ago for the Chamber's consideration for their Diamond Jubilee project. Nevertheless, unless someone is ther e to assure them of support from the City, there may be those at this meeting unfamiliar with this projec t whu may cause further d e lay or los s o ( Chamber support. I am sure you understand why all our plans for highways and Central Busi- ness District r e development a re in vain, IF THE "Federal" FLOOD PLAIN ZONING ORDINANCE IS PASSED BEFORE WE HAVE ABSOLUTE ASSURANCE LITTLE DRY CREEKIMPROVE- MENTS WILL ELIMINATE THE 100-YEAR FLOOD PLAIN CONDITION WITHIN 3 YEARS. We were encouragal that most Council members seem to support the Alternative #5, which Council and staff directed b e prepared. We share Don Harper's con- cern your planned meeting with the School Board may b e counter-productive unless you take to this meeting contour engineered plans for the proposed retainage area on school grounds . We cannot see how the School Board will be able to support Alternative #5 unless they know in advance the eff e cts and problems it may cause their s c hool administration . CONSENSUS has asked Sellards & Grigg, Inc. to prepare suc h a plan for your use at your meeting with the School Board. Sellards & Grigg n eed authorization from the City to prepare such a plan show- ing proposed changes in elevation for Ret e ntion Area. Since adequate land will remain availabl e after completi on of the Retainag e Area, support of the School Board should b~ absolutely assured if the City will also submit a plan prepared by architects expe rie nced in school problems (Wheeler and Lewis?) showing school playground faciliti es , parking, a ccess, etc . AFTER the Ret a inage Area is completed. Everyone recognizes City Council do es not want to need les sly expose the City's r esidential property owners to unnecessary los ses that may result f rom expiration of e xist i ng Nationa l Flood Insurance coverage. Commerical property owners have a va ilable pr i vat e coverage. To eliminate mu ch misinformation about this risk, CONSENSUS has obtained a flrm liability policy, including coverage for flood damage, f r om Nordstro m Agen cy representing Adco Ge neral Corpo ration to insure th e residence of our Mechani c al Sup erint e nd e nt Ed Piz at 3290 South Hur o n. Coverage on resid e ntial improvements is $35,000. plus $15,000 . on I • • - Pa ge 3 Hon. Jame s L . Taylo r , Mayor Mar c h 6 , 1978 /'/ • \ .~ I • - 1t (~c)- ;Jt~.}l. """ ~ ~ / c ont e n ts for an n ua l premium cos t of $229.50 . Thi s i s in c omp a rison t o a n nual co st f or $ };.. c ov e ra ge under Nationa l Flood Ins uran ce prog r am. This priva t e in s urance coverage is availa ble t o a ny o r all En g lewo od residential p rop- erty own e r s from this a nd othe r c ompan ies . ,-If yo u will have someone ca r ef ull y r e vi e w the Oc tober 26 , 1976 Fed e ral ~ / / Regist e r o n F.I.A. Na t iona l F l oo d In s ur a n ce Pr og ram, other mi s information c an i . .'°'"-._ be clea red up . Sec tion 1909.2 s tates, " .... th e purc hase o f flood insurance is {' a c ond i tion o f r eceiving any fo rm of Federal or fed e rall y-r e lated financial \ ' assistance f or a c quisitio n .2.!_ construction _Elrposes with respe c t to insurable r"~ buildings and mobile h0111es within an identified flood .... or flood rela t e d yf erosion hazard area .... no s~de°ral fin a nc ial assistance (i.e. "for acquisi- ' ~ tion or construction" within f lood area), including mortgage loans from federally- J regu l ated lenders shall be pr ovided within such an area ••.. subject EE_ certain exceptions." If En g lewood is not partic ipating in the National Flo od I nsurance Pr ogram a nd pro perty own e rs within the d e signat e<! Flood Plain Area do not purchase National Floo d Insuranc e, only those property owners who want to acquire or construc t within the Flood Plain Area (probably inc ludes home improve me nt loans) c annot o btain Federa l a ssistanc e for loans or bo rrow from f e d e r a lly-re gulated lende r s (Banks). We ha v e found no evidenc e En g lewood's failure to participate in the Nat ional Flood Insurance Prog ram a f fec t s a ny other Fede ral assistance programs such as schoo l s , s tree ts, highwa ys , drainage, disasters (other than flood ), e tc. CONSENSUS wi ll g ladly f urnish yo u a ll the Fe deral Insuranc e Admin i stration Regu lat i ons reg arding the Na tional Flood I nsura nc e Prog ram . If you rea d these, yo u will und er stand our c oncern . CONSENS US urg es tha t the Ci t y o f Eng l e woo d fa v o r a bly c on s ider: l. I111Dediat e ly appr ov e Se llard s & Grigg 's Alterna te U5 s o lution. 2. Commenc e innnedi a t e l y to i mp lement Alt e rnat e #5 improvements t o Little Dr y Creek u;ing av ai l a ble ex cess sales tax receipts t o mat c h $800,000. a va i l a ble f r om Urban Draina ge Distric t. 3 . C01111Den ce work by initially inc r e asing pre sent c hannel capaci t y as mu c h as r e a s onabl y po ssible wi tho ut ma terially increas ing t ota l c os ts of i mpr o ve me nt s . This i n c lud es d eepening a nd wid e n- i ng di t c h u ps tre am from exis t i ng co ndu i t inle t (south of Chamber of Co mme r ce Bui ld i ng), r emov i ng "Old" Hampd e n br i dg e , e t c . Th e r e i s mu ch g r ea t er d a nger of som t hing less than 100-year stor m cond i t i on . 4. Proceed t o r e qu es t Urban Dr ainage Dis t rict t o condemn a l e ase- ho ld es t a te wi th o ption t o purc hase la nd f or Pr e ntic e and Be rry Da ms and r e qu es t Urban Dra inage t o pay ha l f this l a nd r e nt a nd ha lf of pur c hase pr ice, on prior ity ba sis. I • • n - ~ ,: ., ' , C ~ .. • • • - ----·---------------------------- Page 4 Hon . Jame s L. Taylor , Mayo r Mar c h 6, 1978 5, Sc h e dule completion of sc hool drain age area AFTER improv- ing cha nn e l capacity but BEFOR E purc hasing or c onstructing Berry a nd Prentice Dams . 6. Comm i t that all_ of Alternate 115 will b e c ompl e ted at earli- est po s sible date, not to exceed 5 years. Thereafter, hold upstre am property owners liable fo r increasing run-off rates, etc. Let us again emphasize that there will be no major developments of tax base or in c r eased sales taxes from within the Flood Plain Area until the "Federal" Flood Plain Ordinance has been terminated. On the contrary, if Englewood is willing to acknowledge responsibility and use e xisting surplus sales tax re- ceipts to inwnediately cot1111ence and continue the reafter to eliminate 100-year Flo od .l'lain c ouditi o n, we are pn,pared t o d e monslrnte that our 75th year will c ommence to a c celerate sa l e s tax c ollec tions and propert y tax basis beyond anticipa ti on s . GVF:j c cc: Hon. Vern Mann Hon . Don Web e r Mr. Andy Mccown Very truly yours, CONSEN ~Js ( \ . J ,' ~~~~u..____1.....,:::,,,... ~nd Meyns CoilnRittee • I • • - • City of Englewood March 3, 197 8 Mr. Grady Franklin Maples and Mr. Kenneth Mausolf Co-Chairmen • • RECEIVED MA R 71 978 DEPT. OF FINANCE [NGL£W00D Englewood Cente nnial Bi-Centennial Committee E nglewood, Colorado Dea r Grady and Ke n : 3400 S Ela11 Street Englewood, Colorado 801 10 Ph one (303 ) 76 1-11 40 The Englew ood City Council has rec e ntly disc ussed funds th at ha ve been alloca te d to various agencies ou tside o f t he City , During the discussion, the subject was brough t up tha t a grant of $1,500 was made to th e En g lewood Centennial B l -centennial Committee for th e various activities in 1976 . The City Council r a lizcs that the funds were gi ve n to th e Bi-centennial Committee without a r qulrem e nt for repayment; how e ve r , if th e EC BC has no furth er financi al obligations , you shou ld return any funds still in the account s o th at City Council could designate th em for other Englewo od celebrations such as the Diamond Jubilee, Thi s is basically the ap proach th at City Council took in giving the Diamond Jubilee Committee $2,000 as seed money for their activities during the month of May. We appreciate all of your efforts during the C ntennla l y ar. If you have any questions about this m atter, p lea e give m a call. . y-· ~7-~<- t ,{_. C 6L-f'\ / I JA ESL, TAYLOR ph cc: E ngl ewood C ity Council Andy M cCown, Ci ty Manager I • • I n n • • - INTRO DUCED AS A BI LL BY COUNCIL ME MBER CLAYTON BY AUT HORIT Y ORDIN ANCE NO . 3 , SERIES OF 1978 AN ORDINANCE CREATING PAVING DISTRICT NO. 25 IN THE CITY OF ENGLEWOOC, 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 ma iled, 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 object ions or protests that might be made against the proposed district or the improvements to be constructed or installed; and • I • • • • - WHEREAS, the City Council has determined that the following streets should b e deleted from the list of streets to be improved: ON FROM TO East 1111\herst 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 aide of East North side of East Grand Ave. Belleview Ave. South Washington Circle West side of South West side of South Washington St. Washington St. (Approx. 5010 south) (Approx. 5050 south) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Creation of the DistricL 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. Section 3. District_BoundaE_Y. 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 Avenu~. -2- • I • • • - Section · 4. DescriE,!ion of Ime_rovements. The kind of improvements and the streets and alleys on which such im- provements shall be constructed or installed shall be as follows: 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: ON East Centennial Ave. South Delaware St. South Fox St. South Galapago St. South Huron St. East Layton Ave. East Layton Ave. West Oxford Ave. west Princeton Ave. East Princeton Ave. East Union Ave. west Wesley Ave. • FROM East side of South Broadway 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- • TO 486 feet east of the E. side of S. Broadway 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 Cherokee St. West side of South Logan St. West side of South Pennsylvania St. East side of South Zuni St. I • • • 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 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: ~ TO South Shoshone St. South side of West North side of West Cornell Ave. South Umatilla St. South Vallejo St. South Wyandot St. 4. Bates Ave. South side Bates Ave. South side Bates Ave. South side Bates Ave. of West of West of West North side of West Dartmouth Ave. North side of West Dartmouth Ave. North side of West 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 • • n n -• • - ON TO East Dartmouth Circle North side of 2100 East Dartmouth Ave. North side of 2200 East Dartmouth Ave. South Elati St. South Pearl St. ON South side of west Oxford Ave. South side of East Stanford Ave. North side of West Princeton Ave. North side of East Tufts Ave. 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. South 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, specif'ications 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 total cost of the improvements to be constructed or installed is $...9Ji2 ,.S.QJ1.S it is proposed that the City of Englewood will pay approximately $_!25i..!_OO 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 approximate share of the total cost to be assessed per front foot against any lot or tract of land .fronting or abutting on said improvements will be as m~re particularly set forth in the resolu- tion passed and adopted on January 3, 1978, and which is incor- porated herein by specific reference. -5- • I • • - • • • • 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 a~sessment 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 ten (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- cessively 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 B. 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 maximum 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. -6 - • ) I • • - • • • • Section 10. General Benefits. The City Councll hereby finds and determines that the improvements proposed to be con- structed and installed will confer a special benefit upon the property within the District and a general benefit upon the City as a whole. Section 11.· Se~abili!:.:t• 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 hereof 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. Section 13. Publication and Effective Date. This ~~~---~----~--~--~-~~ Ordinance, after its final passage, shall be numbered and record- ed, and the adoption and ppblication shall be authenticated by the signature of th~ 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 *FINALLY PASSED AND ADOPTED This 1978. ( S E A L ) ATTEST: Director of Finance Mayor -7- • Mayor day of I • • \ • • • • INTRODUCED AS A BILL BY COUNCILMAN SMITH. BY AUTHORIT Y ORDINANCE N0. ___ 6 -·-' SE RI ES OF 1978. AN ORDINANCE AMENDING SECTIONS 22.4-13, ENTITLED 'I-1 LIGHT INDUSTRIAL DISTRICT', OF THE CITY COMPRE HENSIVE ZO NING ORDINANCE (ORD . i26 , SERIES 196 3, AS AMENDED), AUTHORIZING AUTOMOBIL E WRECKING YARDS AND JUNK YARDS AS A CONDITIONAL USE. NOW , THEREFO RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D, COLORADO, as follows : Section 1. That Section 22.4-13 of the City Comprehensive Zoning Ordinance (Ord. #26, Series 1963, as amended) i s hereby amended by adding a new sub-section "h" as follows: S22.4-13 h. I-1 Lig ht Industrial District CONDITIONAL USES . P rovided the public interest is f ully pro- te cted and the following uses are approved by the C ity Planning and Zoning Commission a nd City Council: (1) Uses (a) Automobile Wrecking Ya rds And Junk Yards (1) Any automobile wrecking yard or junk yard opened after the ef- fective date of this Ordinance shall be on a parce l or adjoining parcels of not less than one acre but not to exceed one and one- ~cres . )21' Any automobile wrecking yard or ~ junk yard approved purs uant to the provisions on its perimeter with a solid, non-transparant vertical wall or fence with a maximum of t welve (12) feet measured from ground level. Fences of woven wire or chain- link material shal l be prohibited . • I • ( ( \ • • • - Any Automobile wr ec ki ng or junk yard approved pursuant to the provis ions of this Ordinance an d all yards existing on the e f f ec t- ive date of this ordinance shall comply with S ec tions 1 through 11, inclusive, chapter 2, Title VI of the 1969 Englewood Municip al Code, as amended, entitled auto wrec king and junk yards, and all other applicable codes or ordinances. Any automobile wrecking yard or junk yard which which is l icense d by the City of Englewood on the effective date of this Ord i nan ce shall be deemed to be an approved yard whether or not it has a minimum area of one acre, and such yard may be expanded onto abutting property provided that such expanded yard conforms to Section 2. the requirements of this and any other applicable codes or ordinances. That "Limitation of External Ef fec ts of Uses." and, "Screening." shall be redesignated as sub -sections "i" and "j" r e s pec tively . Introduced, read in full and passe d on First Reading on the /~-(1,.day of January, 1978. Published as a Bill for an Ordinance on the ~day of January, 1978. day of Read by ti t le and passed on final re ading on the ----------~' 1978. Published by title as Ordinance No . of 1978 , on the day of Series ---=-ca-:-:-, , 1978. --------- MAYOR ATTEST: e x officio City Clerk-Treasurer I, William D. James do hereby certify that the above -2- I • • ( • ( • • • • an d foregoing is a true, accurate and complete copy of the Ordinance, pass ed on final reading and published by title, as Ordinance No. , S e ries of 1978. ex officio City Clerk-Treasurer -3- I • • ,-, D- ( ( • • • • INTRODUCED AS A BILL BY COUNCILMA N SMITH. BY AUTHORITY ORDINANCE NO. , SERIES OF 1978. AN ORDINANCE AMENDING SECTIONS 22.4-13, ENTITLED 'I-1 LIGHT INDUSTRIAL DISTRICT', OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. #26, SERIES 1963, AS AMENDED), AUTHORIZING AUTOM OBILE WRECKING YARDS AND JUNK YARDS AS A CONDITIONAL USE. NOW, THEREFORE, BE IT ORDA INED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 22.4-13 of the City Comprehensive Zoning Ordinance (Ord. #26, Series 1963, as amended) is hereby amended by adding a new sub-section "h" as follows: §22.4-13 h. I-1 Light Industrial District CONDITIONAL USES. Provided the public interest is fully pro- tected and the following uses are approved by the City Planning and Zo ning Co mmission and City Council: (1) Uses (a) Automobile Wrecking Yards And Junk Yards (1) Any automobile wrecking yard or junk yard opened after the ef- fective date of this Ordinance shall be on a parcel or adjoining parcels of not less than one acre but not to exceed one and one - half acres. (2) Any automobile wrecking yard or junk yard approved pursuant to the provisions on its perimeter with a solid, non-transparant vertical wall or fence with a maximum of twelve (12) feet measured from ground level. Fences of woven wire or chain- link material shall be prohibited. • 0 I • • ( ( • ( • (3) (4) • • - Any Automobile wreck ing or junk yard approved pursuan t t o the provisions of this Ordin ance and all yards existing on the effect - ive date of this ordinance shall comply with Sections 1 through 11, inclusive, chapter 2, Title VI of the 1969 Englewood Municipal Code, as amended, entitled auto wrecking and junk yards, and al l other applicable codes or ord inances. Any automobile wrecking yard or junk yard which whi ch i s licens ed by the City of Englewood on the effective date of this Ordinan c e shall be deemed to be an approved yard whether or not it has a minimum area of one acre, and such yard may be expanded onto abutting property prov i ded that such expanded yard conforms to the requireme nts of this and any other applicable codes or ordinances. Section 2. That "Limi tation of External Effects of Uses." and, "Screening." shall be redesignated as sub-sections "i" and "j" r e spectively. Introduced, read in full and passed on First Reading on the ~~day of January, 1978. Published as a Bill for an Ordinance on the ~~day of January, 1978. day of Read by title and passed on final reading on the ----------~' 1978. Published by title as Ordinance No. of 1 978, on the day of Series ____ , ---------' 1978. MAVOR AT TE ST: ex officio City Clerk-Treasurer I, William D. James do hereby certify that the above -2- • 0 I • • In - - ( ( • • • • 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 off icio City Clerk-Treasurer -3- • I • • • • • • • INTRODUCED AS A BILL BY COUNCILMAN SMITH. BY AUTHORITY ORDINANCE NO. , SERIES OF 1978. AN ORDINANCE AMENDING SECTIONS 22.4-13 , ENTITLED 'I-1 LIGHT INDUSTRIAL DISTRICT', OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. #26, SERIES 1963, AS AMENDED), AUTHORIZING AUTOMOBILE WRECKING YARDS AND JUNK YARDS AS A CONDITIONAL USE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 22.4-13 of the City Comprehensive Zoning Ordinance (Ord. #26, Series 1963, as amended) is hereby amended by adding a new sub-section "h" as follows: §22. 4-13 h. I-1 Light Industrial District CONDITIONAL USES. Provided the public interest is fully pro- tected and the following uses are approved by the City Planning and Zoning Commission and City Council: (1) Uses (a) Automobile wrecking Yards And Junk Yards (1) Any automobile wrecking yard or junk yard opened after the ef- fective date of this Ordinance shall be on a parcel or adjoining parcels of not less than one acre but not to exceed one and one- half acres. (2) Any automobile wrecking yard or junk yard approved pursuant to the provisions on its perimeter with a solid, non-transparant vertical wall or fence with a maximum of twelve (12) feet measured from ground level. Fences of woven wire or chain- link material shall be prohibited . • I • • • • • • (3) Any Au tomobile wrecking or junk yard approved pursu a nt to the provisions of this Ordinance an d all y ards existing on the effect- ive date of this ordinance shall comply with S ections 1 throug h 1 1, inclusive, chapter 2 , Title VI of the 1969 Englewood Mun icipal Code , as am e nded, e nti t led auto wrecking and j unk yards , and all other appli ca ble codes or ordinances. (4) Any automobi le wrec king y ard or junk yard wh ich wh ich is licensed by the City of Englewood on the effective date of this Ord inance shall be deemed to be an approved yard wh e ther or n ot it has a minimum area o f one acre, and such yard may be expanded onto abutting property provided tha t such expanded yard conforms to the requirements of this and any other applicable codes or ord in ances. S ec t i on 2. That "Limitation of External Effects of Uses." and, "Screening." shall be r ede sign ated as sub-sections "i" and "j" r e spectively . Introdu ced , read in full and passed on First Reading on the ~~day of January , 1978. Publishe d as a Bill for an Ordinance on the ~~day of January, 1978 . Read by title and passed on final reading on the day of , 1978. Published by title as Ordinance No. of 1978, on the day of Series -~;-::-;:-' -~~~~~~~-' 1978. MAVOR ATTES T: ex officio City Cl erk-Treasurer I, Wi lliam D. James do hereby certify that the above -2- • I • • - - • • • • • and foregoing is a true, accurate and complete copy of the Ordinance , passed on final reading and published by title, as Ordinance No. , S erie s of 1978. ex officio City Clerk -Treasu re r -3- • I • • • • • - PROPOSE D AMEND 1ENT T O TJIE 1-1 ZONE DI ST RICT AMENDMENT (2) ANY AUTOMOBILE WRECKING YARD OR JUNK YARD APPROVED PURSUANT TO THE PROVISIONS OF THIS ORDINANCE OR ANY EXISTING AUTOMOBILE WRECKING YARD OR JUNK YARD EXPANDED UNDER T HE PROVISIONS OF THIS ORDINANCE, SHALL BE SET BACK NO LESS THAN 150 FEET FROM THE BOUNDARY LINE OF ANY OF ANY RESIDENTIAL OR RESIDENT IAL-PROFESSIONAL ZONE DISTRICT, 2 /27 /78 • I • • I r.:i ,-, ( • • • - INTRODUCE D AS A R T T T -· i;JGLEWOOD :.ASSIFIED '"''ClL MEf.'J:lNG I T{ COu., CITY OF c __ --" n . 1ill--~ /. 9 , 10, 11 , ~. ~ 2.r. JA, ,7f., :,{', 3lewood 'le ) <.:onsiderations .--~~L1cations, record of ___ .., dnd seniority with the City. (b) SAID PROMOTED CITY EMPLOYEE SHALL RECEIVE A MINIMUM CNE STEP INCREASE IN PAY AND SERVE A TWELVE (12) (c) 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 reclassification of a position occupied by a permanent employee IN THE CLASSIFIED SERVICE shall not be considered as a promotion. • I • • ClTY COUNCIL MEETING March 6 1 1978 /. 9 , 10, 11, • • • ORDINANCE II RESOLUTION II ~ ~ ze-;-X: ;n, K • 0 I . • n - .. ( \ • • - INTRODUCED AS A BILL BY 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 seniority with the City. SAID PROMOTED CITY EMPLOYEE SHALL RECEIVE A MINIMUM 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 P RIOR TO THE EXPIRATION OF SAID TWELVE (12) MONTH PROBATIONARY PERIOD, SAID EMPLOYEE SHALL BE CONSIDERED TO HAVE PERMANEN T STATUS. UPON ATTAINING PERMANENT STATUS IN THE NEW POSITION, SAID EMPLOYEE SHALL RECEIVE AN ADDI- TIONAL ONE STEP INCREASE IN PAY; PROVIDED, HOWEVER, THAT SAI D ADDITIONAL STEP IS AVAILABLE IN THE NEW GRAD E . T h e r ec lassif i cation of a position o c cupied by a p e rm a nent employee IN THE CLASSIFIED SERVICE shall not b e conside red as a promotion. • I • • r ( • ( • • • - (d) Any permanent employee IN A CLASSIFIED SERVICE u p on 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 • •