The URL can be used to link to this page

Home My WebLink About1978-06-19 (Regular) Meeting Agenda.. CITY COU1~CIL MEETI!'IG -REGULAR June 19 , 1978 • • • 0 ( ( • 7:30 P.M. THE • • - AGENDA FOR THE REGULAR MEETING OF ENGLEWOOD CITY COUNCIL JUNE 19, 1978 (Qc\\( erw ·rJ Call to order, invocation by Mr. ~d Brown, pledge of allegiance by Boy Scout Troop #154, and roll call. Minutes. Minutes of the regular meeting of June 5, 1978. (Copies enclosed .) Pre-Scheduled Visitors. ~-a) vJ ~~ Mr. James Anderson, Hanifen, Imhoff and Samford, Inc., will be present to discuss refinancing of the G. 0. Water Bonds. (Resolution enclosed.) (b) Mr. Kells Waggoner, Director of Public . Works, will be present to discuss the ~~ North Central III Storm Drainage Basin ~~V (Copies to be transmitted.) t,w bid. 3. Other Visitors . 4. Communications -No Action Recommended. (a) Minutes of the Library Board meeting of June 6, 1978. (Copies enclosed.) (b) Minutes of the Parks and Recreation Commission meeting of June 8, 1978. (Copies enclosed .) (c) Financial Report for the month of May, 1978. (Copies enclosed.) (d) Memorandum from the Municipal Court Judge concerning the activity report for the month of May, 1978. (Copies enclosed.) • I • • ( ( • • • - Page 2 June 19, 1978 Agenda 5. Communications -Action Recommended. Findings of fact, conclusions, and recommenda- tions relating to the zoning of an area which is subject of petitions requesting annexation to the City of Englewood. (Copies enclosed.) Request for a beer and wine license renewal for Paul's Restaurant and Pizzeria, 3542 South Fox Street. (Copies enclosed.) Request for a 3.2 beer license renewal for Leslie E. Howe d/b/a Sport Bowl, 3295 South Broadway. (Copies enclosed.) Memorandum from the Director of Finance to the City Manager concerning an annexation petition for 1470 West Tufts Avenue. (Copies enclosed.) 6 . City Attorney . Ordinances on Final Reading. (a) Ordinance rezoning certain real property within the City of Englewood, from R-1-C, Residential District, to I-1, Light Industrial District, reciting a waiver and imposing conditions thereon; amending the zoning map in accordance therewith; and providing for the recording of t his Ordina nce. (Copies enclosed.) Ordinance authorizing the issuance and sale of $7,600,000 Hospital Revenue Bonds (The Swedish Medical Center Project). (Copies enclosed.) Other Matters. (c)fl Recommendation to approve Stipulation in 0 ~Settlement and for Dismissal -Bolejack vs. ~·· City of Englewood. (Copies enclosed.) (d) Attorney's Choice. • I • • ( ( • • • .. • Page 3 June 19, 1978 Agenda 7 . City Manager. Memorandum from the City Manager concerning Downtown Development Authority . (Copies enclosed.) (b) Mem orandum from the Director of Finance to the City Manager concerning the City Audit . (Copies enclosed.) 'v~ I \1))1 J~~-' v ., I f ~ J G)t ~t~ Memorandum from the City Manager concerning lJ) ~. the Annual Financial Report . (Copies enclosed .) ~~ ~ (d) Memorandum from the City Manager concerning ()_,p!O"H1 .I approval of out-of-state trips. (Copies · U :!:;~ enclosed.) (e) Manager's Choice . 8. General Discussion. (a) Mayor's Choice . (b) Councilman's Choice. 9. Adjournment. 1 l. j;~~.;;{(~(ccc_."->"- AND'(/MC GOWN City Manager • I • • ( ( • REGULAR MEETING: • • .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 19, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 19, 1978, at 7 :40p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by City Manager McCown. 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, Harp er, Clayton, Mann, Taylor. Absent: Council Member Smith. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * City Manager McCown stated there were two corrections to be noted in the minutes of the regular meeting of June 5, 1978. The first correction was on Page 3, third paragraph . City Manager McCown stated the due date should be changed from April 15, 1978 to May 15, 1978. The second correction was on Page 13, paragraph 7. City Manager McCown a&ked the Clerk to explain the meaning of ''an untoward work atmosphere". The Clerk stated the phrase meant an adverse work atmosphere not conducive to good working relations. City Manager McCown indicated his acceptance to this explanation. COUNCILMAN HARPER MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 5, 1978 WITH THE NOTED CORREC- TIONS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. • I • • • June 19, 1978 Page 2 Nays: Absent: • • - None. Co unc il Member Smit h. The Mayor declared the motion carried . * * * * * * Pre -sch ed u led vis itor Mr. Jam es Anderson along with Mr . Walt Imhof f from Han ifen, Imho ff a nd Samford, Inc . were pre-sent. Mr. Wal t Imhoff, 1043 2 E . Ida, appea r ed before Council a nd discussed the refinancing of the General Obligation Water Bond s . Mr. Imhof f presented a resolution and a refinancing plan that would reduce the City's future principal and i nt erest payments by $75 4,0 00 . * * * * * * RESOLUTION NO. 46, SERIE S OF 1978 A RESOLUTION AUTHORI ZING THE PUBLICATION OF NOTICE OF SALE OF GE NERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1978, OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORAD O, IN THE PRINCIPAL AMOUNT OF $8 ,455,000, DATED AUGUST l, 1978 . COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 46, SERIES OF 1 978. Councilman Williams seconded the motion . Upon a call of t he roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. Non . Council Member Smith . The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Kells Waggoner, Director of Public Works was present and discussed the memorandum from the Director of Finance concerning the North Central III Storm Drain- age Basin bid. Dir ecto r Waggoner stated the low bid was received from Watts Bros . Inc . in the amount of $522,838 .60. Director Waggoner stated the total estimated costs for th project is $566,000 placing the project $101,000 over budget . Director Waggoner discussed some additional revenue sources that were • I • • June 19, 1978 Page 3 • • .. available at this time; and stated he and Director James are recommending the bid award be made to Watts Bros. Inc. in the amount of $522,838.60 for the construction cost of the North Central Storm Drainage Project Phase III and to amend the six quarter budget as per the aforementioned revenue sources . Director Waggoner informed Council that Thomas Young from Sellards & Grigg, Inc., the City's consulting engineering firm, was present to answer any questions Council may have con- cerning this project. COUNCILMAN MANN MOVED TO AWARD THE BID TO WATTS BROS . INC . IN THE TOTAL AMOUNT OF $522,838.60 FOR THE CONSTRUCTION OF NORTH CENTRAL STORM DRAINAGE PROJECT PHASE III AND TO AMEND THE SIX QUARTER BUDGET AS DESCRIBED IN THE MEMO. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Uarper, Clayton, Mann, Williams, Weber, Taylor . None. Council Member Smith . The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to be heard. Mae Tillman, 3630 South Cherokee, appeared before Council and spoke on behalf of the residents living south of Hampden. Mrs. Tillman stated the residents oppose the idea of being included in the Downtown Development Authority. Mrs . Tillman stated their source of information was the newspaper article and the boundaries that were published include the area in which they live. Mrs. Tillman stated these residents fear the program would increase their taxes or cause their property to be condemned and converted into businesses. Mrs . Tillman referred to a petition signed by several residents ex- pressing their opposition. Mayor Taylor confirmed that the peti- tion had been received and presented to Council. A copy of the peti- tion was also filed with the Clerk following the Council meeting. * * * * * * COUNCILMAN CLAYTON MOVED TO BRING FORWARD FOR COUNCIL ACTION, AGENDA ITEM 7A -MEMORANDUM FROM THE CITY MANAGER CONCERN- ING DOWNTOWN DEVELOPMENT AUTHORITY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • June 19, 1978 Page 4 Ayes : Nays: Absent: • • .. Council Members Harper, Clayton, Mann, Williams, We b er, Taylor . None. Council Member Smith . The Mayor declared the motion carried . * * * * * * City Manager McCown presented the memora n dum concern- ing t h e Downtown Developmen t Authority . City Manager McCown stated the Council met with a group of Englewood businessmen who recom- mended that Council create the Authority. City Manager McCown stated in order to create this Authority the Council must call for an election of the people in the District . As a result, City Manager McCown stated the Council appointed these businessmen to work with another group (the Downtown Study Committee ) and asked them to come back and recommend to Council the number of mills they wanted in the ordinance, the district boundaries and the date for an election . In response to Mrs. Tillman's remarks concerning the residential area being included in the district, City Manager McCown stated the boundaries published in the newspaper are only proposed boundaries that were submitted to Council by a group of businessmen. COUNCILMAN MANN MOVED THAT THE DOWNTOWN REVIEW COMMITTEE AND THE DOWNTOWN MERCHANTS COMMITTEE CONVENE JOINTLY AS AN AD HOC COMMITTEE TO PREPARE AND RECOMMEND TO COUNCIL THE BASIC ELEMENTS FOR AN ORDINANCE CALLING FOR AN ELECTION TO ESTABLISH A DOWNTOWN DEVELOPMENT AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF H.B. 1152, AS AMENDED. FURTHER, THAT THE COUNCIL DIRECT THE CITY MANAGER TO MAKE AVAILABLE TO THE COMMITTEE APPROPRIATE STAFF PERSONNEL AND ANY OTHER NECESSARY RESOURCES OF THE CITY, AS HE MAY DETERMINE IS NEEDED. FURTHER, THAT THE COMMITTEE BEGIN WORK IMMEDIATELY ON THE RECO~~ENDATIONS FOR THE BOUNDARIES OF THE DISTRICT, THE MILL LEVY AND THE DATE OF ELECTION SO THE COUNCIL CAN MAKE A DECISION SOON. Councilman Williams seconded the motion. In response to Mayor Taylor's question, City Attorney Berardini stated the participants of the Ad Hoc Committee have been identified in Councilman Mann's motion; howev r, it was his opinion that Council may add whoever else they feel would be necessary and would contribute to the Committee. In response to Councilman Mann's qustion on whether residential areas could be included in the boundaries of the district, City Attorney Berard ini stated as he interpreted • ) I • ( • June 19, 1978 Page 5 • • .. the act, H.B. 1152, residential areas are excluded. City Attorney Berardini recited from the act a section defining the boundaries to include business and commercial areas only. Mayor Taylor explained H .B. 1152 as a vehicle whereby busineses in a commercial area can tax themselves over and above the regular property taxes. This money is then put back into the district for purposes of revamping the area itself . Mayor Taylor stated the Counc il is hopeful that this provision will not only upgrade downtown Englewood but also attract other businesses to locate in the downtown area . Mayor Taylor added that several banks and merchants of Cinderella City have expressed their support fo r this method . Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to be heard . A lady from the audience asked if her property would be condemned if the Downtown Development Authority was created. City Attorney Berardini stated that residential property can not be included in the Authority and the Authority will not have the power to condemn residential property. However, the Authority could buy property at the current market price or they could lease property. * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to heard. No one responded. * * * * * * COUNCILMAN WILLIAMS MOVED THAT NO COUNCIL MEMBER WILL SERVE ON THE AD HOC COMMITTEE . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • June 19, 1978 Page 6 Ayes: Nays : Absent: • • • Council Members Harper, Clayton, Mann, Williams, Weber, Smith . None. Council Member Smith . The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) Minutes of the Library Board meeting of June 6, 1978. Minutes of the Parks and Recreation Commission meeting of June 8, 1978. Financial Report for the month of May, 1978. Memorandum from the Municipal Court Judge concerning the activity report for the month of May, 1978. * * * * * * City Manager McCown presented the Findings of Fact, Con- clusions and Recommendations relating to the zoning of an area which is subject to petitions requesting annexation to the City of Englewood. City Manager McCown stated the staff is waiting for a response from the property owners on the conditions for annexation as set forth by the City. City Manager McCown recommended that Council postpone the matter indefinitely. COUNCILMAN WILLIAMS MOVED TO POSTPONE THE MATTER OF THE FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS INDEFINITELY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • ( • June 19, 1978 Page 7 • • - City Manager McCown presented a request for a beer and wine license renewal for Paul's Restaurant and Pizzeria, 3542 South Fox Street . City Manager McCown stated the police report shows there have been no violations during the past year at this establishment. COUNCILMAN MANN MOVED TO GRANT THE RENEWAL FOR A BEER AND WINE LICENSE FOR PAUL'S RESTAURANT AND PIZZERIA, 3542 SOUTH FOX STREET. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . None. Council Member Smith . The Mayor declared the motion carried. * * * * * * City Manager McCown presented a request for a 3.2 beer license renewal for Leslie E . Howe d/b/a/ Sport Bowl, 3295 South Broadway. City Manager McCown stated the police report shows there have been no violations during the past year at this establishment . COUNCILMAN MANN MOVED TO GRANT THE 3 .2 BEER LICENSE RE- NEWAL FOR LESLIE E. HOWE D/B/A SPORT BOWL, 3295 SOUTH BROADWAY . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning an annexation petition for 1470 West Tufts Avenue. City Manager McCown recommended that Council receive the petition and direct the Community Development Depart- ment to submit a report on this area. • I • • • June 19, 1978 Page 8 • • .. COUNCILMAN WILLIAMS MOVED THAT THE PETITION BE RECEIVED AND DIRECTED THE COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT A REPORT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . None . Council Member Smith . The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 13, SERIES OF 1978 AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD, FROM R-1-C, RESIDENTIAL DISTRICT, TO I-1, LIGHT IN- DUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON; AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH; AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 13, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 14, SERIES OF 1978 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $7,600,000 HOSPITAL RE- VENUE BONDS (THE SWEDISH MEDICAL CENTER PROJECT), SERIES 1978 TO • I • • June 19, 1978 Page 9 • • .. REFI NANCE CERTAIN OUTSTANDING OBLIGATIONS OF THE SWEDISH MEDICAL CENTE R; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORI ZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGRE E- MENT, INDENTURE OF TRUST, CLOSING DOCUMENTS AND SUCH BONDS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SUCH REFINANCING; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 14, SERIES OF 1978 ON FINAL READING . Councilman Williams seconded the motion. Councilman Clayton stated the City At torney has ruled that even though his wife is employed by the Swedish Medical Cente r, there would be no reason for conflict of interest prohibiting him from voting favorably on the final passage of this bil l for an ordinance. Mayor Taylor stated the City of Englewood is in no way obligated to pay off this debt because it is legally the sole re-sponsibility of Swedish Medical Center. Upon a call of the roll, the vote resul ted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a recommendation to approve a Stipulation in Settlement and for Dismissal in the case Bolejack vs. City of Englewood . City Attorney Berardini gave a brief summary on the history of the case and stated the stipu- lation recites that when costs incurred for the handling of cer- tain property are paid to the City, the City will then release the property to the parties as set forth by the Court. COUNCILMAN WEBER MOVED TO APPROVE THE STIPULATION IN SETTLEMENT AND FOR DISMISSAL . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. • I • • • June 19, 1978 Page 10 Absent: • • - Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Finance concerning the City audit. City Manager McCown recommended that Council consider the selection committee process and name three council members to join the Director of Finance in selecting an audit firm. COUNCILMAN HARPER MOVED THAT COUNCIL MEMBERS WILLIAMS, CLAYTON AND WEBER BE APPOINTED TO THE COMMITTEE TO INTERVIEW THE AUDITORS AND MAKE RECOMMENDATIONS TO THE COUNCIL. Councilman Mann seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None . Council Member Smith . The Mayor declared the motion carried . * * * * * * City Manager McCown present ed a memo randum concerning the Annual Financial Report to the citizens. City Manager McCown stated since the Council has not given unanimous support for this concept with some members desirous of examining what other cities have done along this line, City Manager McCown recommended that this concept be tabled for further study at budget review. COUNCILMAN WEBER MOVED TO TABLE CONSIDERATION FOR THIS FINANCIAL REPORT AT THIS TIME UNTIL THE TIME OF BUDGET HEARINGS WHEN COUNCIL CAN REVIEW THE COSTS AND SO FORTH. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None . Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • - ( c • June 19, 1978 Page ll .. • • • City Manager McCown presented a memorandum concern- ing formal approval of out-of-state trips for Fire Chief Beeson and the City Manager to attend a Manager/Fire Chief Leadership Workshop in Seattle, Washington, and for Director of Community Development Wanush to attend the "Joint Development Marketplace" conference in Washington, D.C. City Manager McCown stated that attached to the memo- randum is a request from the Director of Libraries Harriet Lute for a member of the Library Board to make an out-of-state trip to review a computer system. City Manager McCown questioned the appropriateness of such an endeavor by the Board when its primary responsibility is to recommend policy to Council instead of getting involved in area of capital outlay. City Manager McCown stated the Board's budget has a balance of $750 and they have spent approximately 90% of its funds. COUNCILMAN CLAYTON MOVED THAT COUNCIL APPROVE THE TRIP OF MRS. BENNETT TO CHICAGO TO REVIEW THE GAYLORD SYSTEM OF COMPUTER CIRCULATION. Motion died for lack of a second. Councilman Clayton asked the City Manager if there were ) additional funds of $1,200 which the Library Board agreed to appro- priate for the Diamond Jubilee Book and was to be reimbursed from the proceeds of the sale of the book. City Manager McCown stated he had no knowledge of such an agreement and any proceeds from the sale would have to go in the General Fund. COUNCILMAN MANN MOVED TO APPROVE THE TRIP FOR FIRE CHIEF BEESON AND THE CITY MANAGER TO SEATTLE ON JULY 12 -14 AND TO APPROVE THE TRIP FOR RICH WANUSH TO WASHINGTON, D.C. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Memb er Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor announced that the next Town Meeting will be Thursday, June 22, at 7:30 p.m. in the Ernie Anderson Room of • I • • • June 19, 1978 Page 12 • • • the Police and Fire Center. Mayor Taylor stated the topic will be the re-organi zation of the Fire Department . * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR .MEETING . Councilman Weber seconded the motion . Upo n a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith . The Mayor declar ed the motion carried and adjourned the regular Council meeting at 8:45 p.m. • I . REGULAR MEETING: • • .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 19, 1978 The City Council of the City of Englewood, Arapahoe Coun ty, Colorado, met in regular session on June 19, 1978, at 7 :40 p.m. Mayor Taylor, presiding, called the meeting to order . The invocation was given by City Manager McCown. 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, Harper, Clayton, Mann, Taylor . Absent: Council Member Smith. The Mayor declared a quorum present . * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * City Manager McCown stated there were two corrections to be noted in the minutes of the regular meeting of June 5, 1978. The first correction was on Page 3 , third paragraph. City Manager McCown stated the due date should be changed from April 15, 1978 to May 15, 1978. The second correction was on Page 13, paragraph 7. City Manager McCown asked the Clerk to explain the meaning of ''an untoward work atmosphere". The Clerk stated the phrase meant an adverse work atmosphere not conducive to good working relations. City Manager McCown indicated his acceptance to this explanation. COUNCILMAN HARPER MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 5, 1978 WITH THE NOTED CORREC- TIONS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor • • I • • June 19, 1978 Page 2 Nays : Absent : • • ,. • None. Council Membe r Smith. The Mayor declared the motion carried. *"k**** Pre-scheduled visitor Mr. Jam es Anderson along with Mr . Walt Imhoff from Hanifen, Imhoff and Samford, Inc. wer e pre-sent. Mr . Walt Imhoff, 10432 E . Ida, appeared before Council and discussed the r efinancing of the General Obligation Water Bonds. Mr . Imho ff presented a resolution and a r efinancing plan that would reduc e th e City's future principal and interest payments by $754,000 . * * * * * * RESOLUTION NO. 46, SERIES OF 1978 A RESOLUTION AUTHORI ZING THE PUBLICATION OF NOTICE OF SALE OF GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1978, OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, IN THE PRINCIPAL AMOUNT OF $8,455,000, DATED AUGUST 1, 1978 . COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 46, SERIES OF 1978. Councilman Williams s econded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber , Taylor. None . Council Member Smith . The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Kells Waggoner, Director of Public Works was present and discussed the memorandum from the Director of Finance concerning the North Central III Storm Drain- age Basin bid . Director Waggoner stated the low bid was received from Watts Bros . Inc. in the amount of $522,838.60. Director Waggoner stated the total estimated costs for the project is $566,000 placing the project $101,000 over budget. Director Waggoner discussed some additional revenue sources that were • I • - ( June 19 , 1978 Page 3 • • • avai lable at this time; and stated he and Dir ector James are r eco mmending the bid award be made to Watts Br os . Inc . in the amo unt of $522,838.60 for the construction cost of the No r th Central Storm Dra i nage Project Phase III and to amend the six quarter budget as per the ifor eme nt ioned reve nu e sour ces. Dir e ctor Waggoner informed Council that Thomas Young from Sellards & Grigg, Inc., the City 's consulting engineering firm , was present to answer a ny questions Council may have con-ce rning t his project . COUNCILMAN MANN MOVED TO AWARD THE BID TO WATTS BROS . INC . IN THE TOTAL AMOUNT OF $522,838.60 FOR THE CONST RUCTION OF NORTH CENTRAL STORM DRAINAGE PROJECT PHASE III AND TO AMEND THE SIX QUARTER BUDGE T AS DESCRIBED IN THE MEMO . Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol lows : Ayes : Nays : Absent : Co unc il Me mb ers Harper, Clayton, Mann, Williams, Weber, Taylor . None. Coun cil Member Smith . The Mayor declar ed t h e motion carri ed . * * * * * * Mayor Taylor asked if there were any other visitors wish-i ng to b e heard. Mae Tillman , 3630 South Cherokee, appeared before Counc il and spoke on behalf of the residents l iving south of Hampden. Mrs . Tillman stated the residents oppose the idea of being included i n the Downtown Development Authority. Mrs. Tillman stated their source of in f ormation was the newspaper article and the boundaries that were published include the area in which they live. Mrs. Tillman s tated these residents fear the program would increase their taxes or cause their property to be condemned and converted into businesses. Mrs . Tillman re f erred to a petition signed by several residents ex- p r e ssing their opposition. Mayor Taylor confirmed that the peti- tion had been received and presented to Council. A copy of the peti- tion wa s also filed with the Clerk followi ng the Council meeting. * * * * * * COUNCILMAN CLAYTON MOVED TO BR I NG FORWARD FOR COUNCIL ACTION, AGENDA ITEM 7A -MEMORANDUM FROM THE CITY MANAG ER CONCERN- ING DOWNTOWN DEVELOPMENT AUTHORITY . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : • I • June 19, 1978 Page 4 Ayes: Nays: Absent: • • .. Council Members Harper, Clayton, Ma nn, Williams, Weber, Taylor . None . Council Member Smith . The Mayor declared the motion c a rried . * * * * * * City Manager McCown presented the memorandum concern - ing th e Down town Developmen t Authority . City Manager McCown st a ted t h e Co unc i l met with a g r o u p of Englewood businessmen who recom- me nd ed t h a t Co uncil create the Authority. City Manager McCown s t ated in order to create this Authority th Council must call for an election of the people in the District . As a result , City Manager McCown stated the Council appointed these businessmen to work with another gro up (the Down town Study Committee ) and asked them to come back and recommend to Council the number of mills they wanted in t he ordinance, the district boundaries and the date for an election . In r sponse to Mrs. Tillman's remarks con c e rn ing the residential ar e a being included in the district, City Man ager McCown stated the boundaries published in the newspa p e r a r e only proposed boundaries that we re submitted to Cou n ci l by a g r o u p of businessmen . COUNCILMAN MANN MOVED THAT THE DOWNT OWN REVIEW COMM ITTEE AND THE DOWNTOWN MERCHANTS COMMITTEE CONVENE JOINTLY AS AN AD HO C COMMITTEE TO PREPARE AND RECOMMEND TO COUNCIL THE BASIC ELEMENTS FOR AN ORDINANCE CALLING FOR AN ELECTION TO ESTABLIS H A DOWN TOWN DEVELOPMENT AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF H.B. 1152, AS AMENDED. FURTHER, THAT THE COUNCIL DIRECT THE CITY MANAGER TO MAKE AVAILABLE TO THE COMMITTEE APPROPRIATE STAFF PERSONNEL AND ANY OTHER NECESSARY RESOURCES OF THE CITY, AS HE MAY DETERMINE IS NEEDED. FURTHER, THAT THE COMMITTEE BEGIN WORK IMMEDIATELY ON THE RECOMMENDATIONS FOR THE BOUNDARIES OF THE DISTRICT, THE MILL LEVY AND THE DATE OF ELECTION SO THE COUNCIL CAN MAKE A DECISION SOON. Councilman Williams seconded the motion. In response to Mayor Taylor 's question, City Attorney Berardini stated the participants of the Ad Hoc Committee have been identified in Councilman Mann's motion; however, it was his opinion that Council may add whoever else they feel would be necessary and would contribute to the Committee. In response to Councilman Mann's qustion on whether residential areas could be included in the boundaries of the district, City Attorney Berardini stated as he interpreted • ) I • • ( • June 19, 1978 Page 5 • • • ' the act, H.B. 1152, residential areas are excluded. City Attorney Berardini recited from the act a section defining the boundaries to include business and commercial areas only. Mayor Taylor explained H.B. 1152 as a vehicle whereby busineses in a commercial area can tax themselves over and above the regular property taxes. This money is then put back into the district for purposes of revamping the area itself. Mayor Taylor stated the Council is hopeful that this provision will not only upgrade downtown Englewood but also attract other businesses to locate in the downtown area. Mayor Taylor added that several banks and merchants of Cinderella City have expressed their support for this method. Upon a call of the roll, the vote on the motion resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to be heard. A lady from the audience asked if her property would be condemned if the Downtown Development Authority was created. City Attorney Berardini stated that residential property can not be included in the Authority and the Authority will not have the power to condemn residential property. However, the Authority could buy property at the current market price or they could lease property. * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to heard. No one responded. * * * * * * COUNCILMAN WILLIAMS MOVED THAT NO COUNCIL MEMBER WILL SERVE ON THE AD HOC COMMITTEE. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • June 19, 1978 Page 6 Ayes: Nays: Absent: • • - Council Members Harper, Clayton, Mann, Williams, Weber, Smith. None. Council Memb er Smith . The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) Minutes of the Library Board meeting of June 6, 1978 . Minutes of the Parks and Recreation Commission meeting of June 8, 1978. Financial Report for the month of May, 1978. Memorandum from the Municipal Court Judge concerning the activity report for the month of May, 1978 . * * * * * * City Manager McCown presented the Findings of Fact, Con - clusions and Recommendations relating to the zoning of an area which is subject to petitions requesting annexation to the City of Englewood . City Manager McCown stated the staff is waiting for a response from the property owners on the conditions for annexation as set forth by the City. City Manager McCown recommended that Council postpone the matter indefinitely. COUNCILMAN WILLIAMS MOVED TO POSTPONE THE MATTER OF THE FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS INDEFINITELY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • • June 19, 1978 Page 7 • • .. • City Manager McCown presented a request for a beer and wine license renewal for Paul's Restaurant and Pizzeria, 3542 South Fox Street. City Manager McCown stated the police report shows there have been no violations during the past year at this establishment. COUNCILMAN MANN MOVED TO GRANT THE RENEWAL FOR A BEER AND WINE LICENSE FOR PAUL'S RESTAURANT AND PIZZERIA, 354 2 SOUTH FOX STREET. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a request for a 3.2 beer license renewal for Leslie E. Howe d/b/a/ Sport Bowl, 3295 South Broadway. City Manager McCown stated the police report shows there have been no violations during the past year at this establishment. COUNCILMAN MANN MOVED TO GRANT THE 3.2 BEER LICENSE RE- NEWAL FOR LESLIE E. HOWE D/B/A SPORT BOWL, 3295 SOUTH BROADWAY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Ma yor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning an annexation petition for 1470 We st Tufts Avenue. City Manager McCown recommended that Council receive the petition and direct the Community Development Depart- ment to submit a report on this area. • I • • June 19 , 1978 Page -a • • • COUNCILMAN WILLIAMS MOVED THAT THE PETITION BE RECEIVED AND DIRECTED THE COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT A REPO RT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harp er , Clayton, Mann, Williams, Weber, Taylor . None. Council Member Smith. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCIL~~N WILLIAMS BY AUTHORITY ORDINANCE NO. 13, SERIES OF 1978 AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD, FROM R-1-C, RESIDEN TIAL DISTRICT, TO I-1, LIGHT IN- DUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON; AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH; AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 13, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 14, SERIES OF 1978 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $7,600,000 HOSPITAL RE- VENUE BONDS (THE SWEDISH MEDICAL CENTER PROJECT), SERIES 1978 TO • I • • June 19, 1978 Page 9 • • .. REFINANCE CERTAIN OUTSTANDING OBLIGATIONS OF THE SWEDISH MEDICAL CENTER; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORI ZI NG THE EXECUTION AND DELIVERY BY TH E CITY OF A FINANCING AGREE- MENT, INDENTURE OF TRUST, CLOSING DOCUMENTS AND SUCH BONDS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SUCH REFINANCING; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 14, SERIES OF 1978 ON FINAL READING. Councilman Williams seconded the motion . Councilman Clayton stated the City Att orney has ruled that even though his wife is employed by the Swedish Medica l Center , there would be no reason for conflict of interest prohibiting him from voting favorably on the final passage of this bill for an ordinance. Mayor Taylor stated the City of Englewood is in no way obligated to pay off this debt because it is legally the sole re- sponsibility of Swedish Medical Center. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . None. Council Member Smith. The Mayor declared the motion carried . * * * * * * City Attorney Berardini presented a recommendation to approve a Stipulation in Settlement and for Dismissal in the case Bolejack vs. City of Englewood . City Attorney Berardini gave a brief summary on the history of the case and stated the stipu- lation recites that when costs incurred for the h a ndl i ng of cer- tain property are paid to the City, the City will then release the property to the parties as set forth by the Court. COUNCIL MAN WEBER MOVED TO APPROVE THE STIPULATION IN SETTLEMENT AND FOR DISMISSAL. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as fo llows: Ayes : Nays : Council Members Harper, Clayton, Mann, Williams, Weber , Taylor. None. • ) I • • • June 19, 1978 Page 10 Absent: • • .. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Finance concerning the City audit. City Manager McCown recommended that Council consider the selection committee process and name three council members to join the Director of Finance in selecting an audit firm. COUNCILMAN HARPER MOVED THAT COUNCIL MEMBERS WILLIAMS, CLAYTON AND WEBER BE APPOINTED TO THE COMMITTEE TO INTERVIEW THE AUDITORS AND MAKE RECOMMENDATIONS TO THE COUNCIL. Councilman Mann seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum concerning the Annual Financial Report to the citizens. City Manager McCown stated since the Council has not given unanimous support for this concept with some members desirous of examining what other cities have done along this line, City Manager McCown recommended that this concept be tabled for further study at budget review. COUNCILMAN WEBER MOVED TO TABLE CONSIDERATION FOR THIS FINANCIAL REPORT AT THIS TIME UNTIL THE TIME OF BUDGET HEARINGS WHEN COUNCIL CAN REVIEW THE COSTS AND SO FORTH. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Abs ent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith . The Mayor declared the motion carried. * * * * * * • I • June 19, 1978 Page ll • • • City Manager McCown pres e nt ed a memorandum conc ern- ing formal ap proval o f out-of-state trips for Fire Chief Beeson and the City Manager to attend a Manager/Fir e Chief Leadership Workshop in Seattle, Washington, and for Director of Community Development Wanush to attend the "Joint Development Marketp l ace " conference in Washington, D.C . City Ma nager McCown stated that attached to the memo- randum is a request from the Director of Libr arie s Harriet Lute for a member of the Library Board to make an out -of -state t r i p to review a com pu te r system. City Manager McCown q u estion ed the appropriateness of such an endeavor by the Board when its primary respons ibility i s to recommend poli cy to Council instead of getting involved in area of capital outlay. City Manager McCown stated the Board's budget has a balance of $750 and they have spent approximately 90% of its funds. COUNC ILMAN CLAYTON MO VED THAT COUNCIL APPROVE THE TRIP OF MRS. BENNETT TO CHICAGO TO REVIEW THE GAYLORD SYSTEM OF COMPUTER CIRCULATION. Motion died for lack of a second . Councilman Clayton asked the City Manager if there were additional funds of $1,200 which the Library Board agreed to appro- priate for the Diamond Jubilee Book and was to be reimbursed f rom the proceed s of the sale of the book. City Manager McCown stated he had no knowledge of such an agreement and any proceeds from the sale would have to go in the General Fund . COUNCILMAN MANN MOVED TO APPROVE THE TRIP FOR FIRE CHIEF BEESON AND THE CITY MANAGER TO SEATTLE ON JULY 12 -14 AND TO APPROVE THE TRIP FOR RICH WANUSH TO WASHINGTON, D.C. Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Me~ber Smith. The Mayor declared the motion carried . * * * * * * Mayor Taylor announced that the next Town Meeting will ( be Thursday, June 22, at 7 :30 p.m. in the Ern i e Anderson Room of • • I • • - • June 19, 1978 Page 12 • • - the Police and Fire Center. Mayor Taylor stated the topic will be the re-organization of the Fire Department. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR MEETING. Councilman Weber second ed the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith . The Mayor declared the motion carried and adjourned the regular Council meeting at 8:45 p.m. ___Dzu 21 Qj, ~ Jut.y City cier I • • REGULAR MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 19, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met i n regular session on June 19, 1978, at 7 :4 0 p.m . Mayor Taylor, presiding, called the meeting to order. The invocation was given by City Manager McCown. The Pledge of Allegiance was led by Boy Scout Troop 8154 . Mayor Taylor asked for roll call . Upon a call of the roll, the following were pres ent: Council Members Williams, Weber, Harper, Clayton , Mann, Taylor. Absent: Council Member Smith . The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Publ ic Works Waggoner Deputy City Clerk Watkins * * * * * * City Manager McCown stated there were two corrections to be noted in the minutes of the regular meeting of June 5, 1978. The first correction was on Page 3, third paragraph. City Manager McCown stated the due date should be changed from April 15, 1978 to May 15, 1978. The second correction was on Page 13, paragraph 7. City Manager McCown asked the Clerk to explain the meaning of "an untoward work atmosphere". The Clerk stated the phrase meant an adverse work atmosphere not conducive to good working relations . City Manager McCown indicated his acceptance to this explanation. COUNCILMAN HARPER MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 5, 197 8 WITH THE NOTED CORREC- TIONS. Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor • • ) I • • • June 19, 1978 Page 2 Nays: Absent: • • • None . Council Member Smith . The Mayor declared the motion carried . ***>'<** Pre -sch e dul e d visitor Mr. James Anderson along with Mr . Walt Imhoff from Hanifen, Imho ff and Samford, Inc . were pre-sent . Mr. Walt Imhoff, 10432 E . Ida, appeared before Council and discuss e d the r efinanc i n g of the General Obligation Water Bonds . Mr. Imhoff present ed a resolution and a re f inancing plan that would reduc e the City's future principa l and interest payments by $754 ,000. * * * * * * RESOLUTION NO. 46, SERIES OF 1978 A RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE OF SALE OF GENERAL OBLIGATION REFUNDING WATE(l BONDS, SERIES 1978, OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COL ORADO, IN THE PRINCIPAL AMOUNT OF $8,455,000, DAT ED AUGUST l, 19 78. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 46, SERIES OF 1978. Councilman Williams second e d the mo tion. Upon a call of the r oll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . None . Council Member Smith . The Mayor declared the motion carried . * * * * * * Pre-scheduled visitor Kells Waggoner, Director of Public Works was present and discussed the memorandum from the Director of Finance concerning the North Central III Storm Dr ain- age Basin bid. Director Waggoner stated the low bid was receiv ed from Watts Bros. Inc . in the amount of $522,838 .60. Director Waggo ner stated the total estimated costs for the pro ject is $566,000 placing the project $101,000 over budget. Director Waggoner discussed some additional revenue sources that were • I • • - ( June 19, 1978 Page 3 .. • • • available at this time; and stated he and Director James are recommending the bid award be made to Watts Bros. Inc. in the amount of $522,838.60 for the construction cost of the North Central Storm Drainage Project Phase III and to amend the six quarter budget as per the aforementioned revenue sources . Director Waggoner informed Council that Thomas Young from Sellards & Grigg, Inc., the City's consulting engineering firm, was present to answer any questions Council may have con-ce rning this project. COUNCILMAN MANN MOVED TO AWARD THE BID TO WATTS BROS. INC . IN THE TOTAL AMOUNT OF $522,838 .60 FOR THE CONSTRUCTION OF NORTH CENTRAL STORM DRAINAGE PROJECT PHASE III AND TO AMEND THE SIX QUARTER BUDGET AS DESCRIBED IN THE MEMO. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council ~embers Harp er, Clayton, Mann, Williams, Weber, Taylor. None . Council Member Smith . The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to be heard. Mae Tillman, 3630 South Cherokee, appeared before Council and spok on behalf of the residents living south of Hampden. Mrs. Tillman stated the residents oppose the idea of being included i n the Downtown Development Authority . Mrs. Tillman stated their source of information was the newspaper article and the boundaries that were published include the area in which they live. Mrs. Tillman stated these residents fear the program would increase their taxes or cause their property to be condemned and converted into businesses. Mrs. Tillman referred to a pe ition signed by several residents ex- pr e ssing their opposition. Mayor Taylor confirmed that the peti- tion had been received and presented to Council. A copy of the peti- tion was also filed with the Clerk following the Council meeting. * * * * * * COUNCILMAN CLAYTON MOVED TO BRING FORWARD FOR COUNCIL ACTION, AGENDA ITEM 7A -MEMORANDUM FROM THE CITY MANAGER CONCERN- ING DOWNTOWN DEVELOPMENT AUTHORITY. Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: • I • • June 19, 1978 Page 4 Ayes: Nays: Absent : • • .. Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . None . Council Member Smith. The Mayor declared the motion carried . * * * * * * City Manager McCown presented the memorandum concern- ing the Downtown Development Authority . Ci y Manager McCown stated the Council met with a group of Englewood businessmen who recom- mended that Council create the Authority. City Manager McCown stated in order to create this Authority th Council must call for an election of the people in the District . As a result, City Manager McCown stated the Council appoint e d these businessmen to work with another group (the Dow n town Study Committee) and asked them to come back and recommend to Cou n cil the number of mills they wanted in the ordinance, the district boundaries and the date for an election . In response to Mrs. Tillman's remarks conce r ning the residential area being included in the district, City Manager McCown stated the boundaries published in the newspaper are only proposed boundaries that were submitted to Council by a group of businessmen . COUNCILMAN MANN MOVED THAT THE DOWNTOWN REVIEW COMMITTEE AND THE DOWNTOWN MERCHANTS COMMITTEE CONVENE JOINTLY AS AN AD HOC COMMITTEE TO PREPARE AND RECOMMEND TO COUNCIL THE BASIC ELEMENTS FOR AN ORDINANCE CALLING FOR AN ELECTION TO ESTABLISH A DOWNTOWN DEVELOPMENT AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF H.B. 1152, AS AMENDED . FURTHER, THAT THE COUNCIL DIRECT THE CITY MANAGER TO MAKE AVAILABLE TO THE COMMITTEE APPROPRIATE STAFF PERSONNEL AND ANY OTHER NECESSARY RESOURCES OF THE CITY, AS HE MAY DETERMINE IS NEEDED . FURTHER , THAT THE COMMITTEE BEGIN WORK IMMEDIATELY ON THE RECOMMENDATIONS FOR THE BOUNDARIES OF THE DISTRICT, THE MILL LEVY AND THE DATE OF ELECTION SO THE COUNCIL CAN MAKE A DECISION SOON. Councilman Williams seconded the motion. In response to Mayor Taylor's question, City Attorney Be rardini stated the participants of the Ad Hoc Committee have b e en identified in Councilman Mann's motion; however, it was his o p i nion that Council may add whoever else they feel would be necessary and would contribut e to the Committee . In response to Councilman Mann's qustion on whether residential areas c ould be inc l uded in the boundaries of the district, City Attorney Berardin i stated as he interpreted • I • • ( • June 19, 1978 Page 5 • • .. the act, H.B. 1152, residential areas are excluded. City Attorney Berardini recited from the act a section defining the boundari es to include business and commercial areas only. Mayor Taylor explained H.B. 1152 as a vehicle whereby busineses in a commercial area can tax themselves over and above the regular property taxes. This money is then put back into the district for purposes of revamping the area itself . Mayor Taylor stated the Council is hopeful that this provision will not only upgrade downtown Englewood but also attract other businesses to locate in the downtown area . Mayor Taylor added that several banks and merchants of Cinderella City have expressed their support for this method. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None . Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to be heard. A lady from the audience asked if her property would be condemned if the Downtown Development Authority was created. City Attorney Berardini stated that residential property can not be included in the Authority and the Authority will not have the power to condemn residential property. However, the Authority could buy property at the current market price or they could lease property. * * * * * * ing to Mayor Taylor asked heard. if there were any other visitors wish-No one responded. * * * * * * COUNCILMAN WILLIAMS MOVED THAT NO COUNCIL MEMBER WILL SERVE ON THE AD HOC COMMITTEE . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • June 19, 1978 Page 6 Ayes : Nays: Absent: • • - Council Members Harper, Clayton, Mann, Williams, Weber, Smith. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) Minutes of the Library Board meeting of June 6, 1978 . Minutes of the Parks and Recreation Commission meeting of June 8, 1978. Financial Report for the month of May, 1978 . Memorandum from the Municipal Court Judge concerning the activity report for the month of May, 1978. * * * * * * City Manager McCown presented the Findings of Fact, Con- clusions and Recommendations relating to the zoning of an area which is subject to petitions requesting annexation to the City of Englewood. City Manager McCown stated the staff is waiting for a response from the property owners on the conditions for annexation as set forth by the City . City Manager McCown recommended that Council postpone the matter indefinitely. COUNCILMAN WILLIAMS MOVED TO POSTPONE THE MATTER OF THE FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS INDEFINITELY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • ) I • ( • June 19, 1978 Page 7 • • • City Manager McCown presented a request for a beer and wine license renewal for Paul's Restaurant and Pizzeria, 3542 South Fox Street. City Manager McCown stated the police report shows there have been no violations during the past year at this establishment. COUNCILMAN MANN MOVED TO GRANT THE RENEWAL FOR A BEER AND WINE LICENSE FOR PAUL'S RESTAURANT AND PIZZERIA, 3542 SOUTH FOX STREET. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None . Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a request for a 3.2 beer license renewal for Leslie E. Howe d/b/a/ Sport Bowl, 3295 South Broadway. City Manager McCown stated the police report shows there have been no violations during the past year at this establishment. COUNCILMAN MANN MOVED TO GRANT THE 3.2 BEER LICENSE RE- NEWAL FOR LESLIE E. HOWE D/B/A SPORT BOWL, 3295 SOUTH BROADWAY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning an annexation petition for 1470 West Tufts Avenue. City Manager McCown recommended that Council receive the petition and direct the Community Development Depart- ment to submit a report on this area. • I • • • June 19, 1978 Page 8 • • .. COUNCILMAN WILLIAMS MOVED THAT THE PETITION BE RECEIVED AND DIRECTED THE COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT A REPORT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None . Council Member Smith. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 13, SERIES OF 1978 AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD, FROM R-1-C, RESIDENTIAL DISTRICT, TO I-1, LIGHT IN- DUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON; AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH; AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE . COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 13, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 14, SERIES OF 1978 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $7,600,000 HOSPITAL RE- VENUE BONDS (THE SWEDISH MEDICAL CENTER PROJECT), SERIES 1978 TO • I • • • June 19, 1978 Page 9 • • .. REFINANCE CERTAIN OUTSTANDING OBLIGATIONS OF THE SWEDISH MEDICAL CENTER; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREE- MENT, INDENTURE OF TRUST, CLOSING DOCUMENTS AND SUCH BONDS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SUCH REFINANCING; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 14, SERIES OF 1978 ON FINAL READING. Councilman Williams seconded the motion. Councilman Clayton stated the City Attorney has ruled that even though his wife is employed by the Swedish Medical Center, there would be no reason for conflict of interest prohibiting him from voting favorably on the final passage of this bill for an ordinance. Mayor Taylor stated the City of Englewood is in no way obligated to pay off this debt because it is legally the sol e re- sponsibility of Swedish Medical Center. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. Non e . Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a recommendation to approve a Stipulation in Settlement and for Dismissal in the case Bolejack vs. City of Englewood. City Attorney Berardini gave a brief summary on the history of the case and stated the stipu- lation recites that when costs incurred for the handling of cer- tain property are paid to the City, the City will then release the property to the parties as set forth by the Court. COUNCILMAN WEBER MOVED TO APPROVE THE STIPULATION IN SETTLEMENT AND FOR DISMISSAL. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. • ) I • • • June 19, 1978 Page 10 Absent : • • .. Council Member Smith . The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Financ e concerning the City audit. City Manager McCown recommended that Council consider the selection committee process and name three council members to join the Director of Finance in selecting an audit firm . COUNCILMAN HARPER MOVED THAT COUNCIL MEMBERS WILLIAMS, CLAYTON AND WEBER BE APPOINTED TO THE COMMITTEE TO INTERVIEW THE AUDITORS AND MAKE RECOMMENDATIONS TO THE COUNCIL. Councilman Ma nn seconded the motion . Upon a call of the roll, the vote re-sulted as follows: Ayes : Nays : Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum concerning the Annual Financial Report to the citizens. City Manager McCown stated since the Council has not given unanimous support for this concept with some members desirous of examining what other cities have done along this line, City Manager McCown recommended that this concept be tabled for further study at budget review. COUNCILMAN WEBER MOVED TO TABLE CONSIDERATION FOR THIS FINANCIAL REPORT AT THIS TIME UNTIL THE TIME OF BUDGET HEARINGS WHEN COUNCIL CAN REVIEW THE COSTS AND SO FORTH . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • ( • June 19, 1978 Page ll • • - City Manager McCown presented a memorandum concern- ing formal approval of out-of-state trips for Fire Chief Beeson and the City Manager to attend a Manag er/Fire Chief Leadership Workshop in Seattle, Washington, and for Director of Community Development Wanush to attend the "Joint Development Marketplace" conference in Washington, D.C . City Manager McCown stated that attached to the memo- randum is a request from the Director of Libraries Harriet Lute for a member of the Library Board to make an out-of-state trip to review a computer system. City Manager McCown questioned the appropriateness of such an endeavor by the Board when its primary responsibility is to recommend policy to Council instead of getting involved in area of capital ou tlay . City Manager McCown stated the Board's budget has a balance of $750 and they have spent approximately 90% of its funds. COUNCILMAN CLAYTON MOVED THAT COUNCIL APPROVE THE TRIP OF MRS. BENNETT TO CHICAGO TO REVIEW THE GAYLORD SYSTEM OF COMPUTER CIRCULATION. Motion died for lack of a second. Councilman Clayton asked the City Manager if there were additional funds of $1,200 which the Library Board agreed to appro- priate for the Diamond Jubilee Book and was to be reimbursed from the proceeds of the sale of the book . City Manager McCown stated he had no knowledge of such an agreement and any proceeds from the sale would have to go in the General Fund. COUNCILMAN MANN MOVED TO APPROVE THE TRIP FOR FIRE CHIEF BEESON AND THE CITY MANAGER TO SEATTLE ON JULY 12 -14 AND Tn APPROVE THE TRIP FOR RICH WANUSH TO WASHINGTON, D.C. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor announced that the next Town Meeting will be Thursday, June 22, at 7 :30 p.m. in the Erni e Anderson Room of • I • • • • June 19, 1978 Page 12 • • • the Police and Fire Center. Mayor Taylor stated the topic will be the re-organization of the Fire Department. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR MEETING . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried and adjourned the regular Council meeting at 8:45 p.m. iJn '121 Q£ < ~ Jut.y City cter • ) I • ( • REGULAR MEETING: • • ,. .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 19, 197 8 The City Council of the City of Englewood , Arapahoe Co unty, Color a do, met i n regular session on June 19, 1978, at 7 :40 p.m. Mayor Taylor, presiding, called the mee ting to order . Th e invocat ion was given by City Manager McCown. The Pledge of Allegiance was led by Boy Scout Troop #154. Mayor Taylor asked for roll cal l. Upon a call of the roll, the f ollow ing were present: Council Members Williams, Weber, Harper, Clayton, Mann, Taylor . Absent : Council Member Smith. The Mayor declared a quorum present . * * * * * * Also present were: City Manager Mc Cown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Deputy City Clerk Watk ins * * * * * * City Manager McCown stated there were t wo corrections to be noted in the minutes of the regular mee ting of June 5, 197 8. The first correction was on Page 3, third paragraph. City Manager McCown stated the due date should be changed from April 15, 1978 to May 15, 1978 . The second correction was on Page 13, paragraph 7. City Manager McCown asked the Clerk to explain the meaning of "an untoward work atmosphere''. The Clerk stated the phrase meant an adverse work atmosphere not conducive to good working relations. City Manager McCown indicated his acceptance to this explanation. COUNCILMAN HARPER MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEET I NG OF JUNE 5, 1978 WITH THE NOTED CORREC- TIONS. Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . • I • • June 19, 1978 Page 2 Nays : Absent : • • •' .. None . Council Membe r Smith. The Mayor declared the motion carried . * * * * * * Pre-scheduled visit or Mr. James Anderson alon g with Mr. Walt Imhof f f rom Hanifen, Imho ff and Samford, Inc. we re pre-sent. Mr . Walt Imho ff, 10432 E. Ida, app e ared be fo re Council a nd discussed the refinancing of the General Obligat i on Water Bonds . Mr. Imho ff pr esented a resolution and a refinancing plan that would reduce the City's future p rincipal and interest payments by $754 ,000 . * * * * * * RESOLUTION NO. 46, SERI ES OF 1978 A RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE OF SALE OF GENERAL OBLIGATION REFUNDING WATE~ BONDS, SERIES 1978 , OF THE CITY OF ENGLE WOOD , ARAPAHOE COUNTY, COLORADO, IN THE PRINCIPAL AMOUNT OF $8 ,45 5 ,000, DATED AUGUST 1, 1978. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 46, SERIES OF 1978. Councilman Williams seconded t he motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams , Weber, Taylor . None. Council Member Smith . The Mayor declared the motion carried . * * * * * * Pre -scheduled visitor Kells Waggoner, Director of Public Works was present and discussed the memorandum from the Director of Finance concerning t he North Central III Storm Drain- age Basin bid . Director Waggoner stated the low bid was received from Watts Bros. Inc. in the amou n t of $522,838 .60. Director Waggoner stated the total estimated costs for the pro j ect is $566,000 placing the project $101,000 over budget . Director Waggoner discussed some additional revenue sources that were • ) I • June 19, 1978 Page 3 • • .. available at this time; and stated he and Director James are recommending the bid award be made to Watts Bros. Inc . in the amount of $522,838.60 for the construction cost of the North Central Storm Drainage Project Phase III and to amend the six quarter budget as per the aforementioned revenue sour ces . Director Waggoner informed Council that Th o mas Young from Sellards & Grigg, Inc., the City's consulting engineering firm, was present to answer any questions Council may have con-cerning this project . COUNCILMAN MANN MOVED TO AWARD THE BI D TO WATTS BROS . INC . IN THE TO TAL AMOUNT OF $522,838 .60 FOR THE CONSTRUCTION OF NO RTH CEN TRAL STORM DRAINAGE PROJECT PHASE III AND TO AMEND THE SIX QUARTER BUDGET AS DESCRIBED IN THE MEMO . Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council kembers Harper, Clayton , Mann, Williams, Weber, Taylor. None . Council Member Smith . The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wis h -ing to be heard . Mae Tillman, 36 30 South Cherokee, appeared before Council and spoke on behalf of the residents livi ng south of Hampden . Mrs. Ti llman stated the residents oppose the idea of being included i n the Downtown Development Authority. Mrs. Tillman stated their source o f information was the newspaper article and the boundaries t hat were published include the area in which they live . Mrs. Tillman stated these residents fear the program would increase their taxes o r cause t heir property to be condemned and converted into businesses. Mrs. Ti l lman r e ferred to a petition signed by several residents ex- pressing their opposition. Mayor Taylor confirmed that the peti- tion had been received and presented to Council . A copy of the peti- tion was also filed with the Clerk following the Council meeting . * * * * * * COUNCILMAN CLAYTON MOVED TO BRING FORWARD FOR COUNCIL ACTION, AGENDA ITEM ?A -MEMORANDUM FROM THE CITY MANAGER CONCERN- ING DOWNTOWN DEVELOPMENT AUTHORITY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • June 19, 1978 Page 4 Ayes : Nays: Absent : • • .. Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None . Council Memb er Smith. The Mayor declared the motion carried . * * * * * * City Ma nager McCown presented the memorandum concern- ing the Downtown Development Authority. City Manager McCown stated the Council met with a group of Englewood businessmen who recom- mended that Council create the Authority. City Manager McCown stated in order to create this Authority the Council must call for an election of the people in the District . As a result, City Manager McCown stated the Council appointed these businessmen to work with another group (the Downtown Study Committee) and asked them to come back and recommend to Council the number of mills they wanted in the ordinance, the district boundaries and the date for an election . In response to Mrs. Tillman's remarks concerning the residential area being included in the district, City Manager McCown stated the boundaries published in the newspaper are only proposed boundaries that were submitted to Council by a group of businessmen. COUNCILMAN MANN MOVED THAT THE DOWNTOWN REVIEW COMMITTEE AND THE DOWNTOWN MERCHANTS COMMITTEE CONVENE JOINTLY AS AN AD HOC COMMITTEE TO PREPARE AND RECOMMEND TO COUNCIL THE BASIC ELEMENTS FOR AN ORDINANCE CALLING FOR AN ELECTION TO ESTABLISH A DOWNTOWN DEVELOPMENT AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF H.B. 1152, AS AMENDED. FURTHER, THAT THE COUNCIL DIRECT THE CITY MANAGER TO MAKE AVAILABLE TO THE COMMITTEE APPROPRIATE STAFF PERSONNEL AND ANY OTHER NECESSARY RESOURCES OF THE CITY, AS HE MAY DETERMINE IS NEEDED . FURTHER, THAT THE COMMITTEE BEGIN WORK IMMEDIATELY ON THE RECOMMENDATIONS FOR THE BOUNDARIES OF THE DISTRICT, THE MILL LEVY AND THE DATE OF ELECTION SO THE COUNCIL CAN MAKE A DECISION SOON . Councilman Williams seconded the motion. In response to Mayor Taylor's question, City Attorney Berardini stated the participants of the Ad Hoc Committee have been identified in Councilman Mann's motion; however, it was his opinion that Council may add whoever else they feel would be necessary and would contribute to the Committee. In response to Councilman Mann's qustion on whether residential areas could be included in the boundaries of the district, City Attorney Berardini stated as he interpreted • I • • • June 19, 1978 Page 5 • • • the act, H.B. 1152, residential areas are excluded. City Attorney Berardini recited from the act a section defining the boundaries to include business and commercial areas only. Mayor Taylor explained H.B. 1152 as a vehicle whereby busineses in a commercial area can tax themselves over and above the regular property taxes. This money is then put back into the district for purposes of revamping the area itself. Mayor Taylor stated the Council is hopeful that this provision will not only upgrade downtown Englewood but also attract other businesses to locate i n the downtown area . Mayor Taylor added that several banks and merchants of Cinderella City have expressed their support for this method. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to be heard. A lady from the audience asked if her property would be condemned if the Downtown Development Authority was created, City Attorney Berardini stated that residential property can not be included in the Authority and the Authority will not have the power to condemn residential property. However, the Authority could buy property at the current market price or they could lease property. * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to heard. No one responded. * * * * * * COUNCILMAN WILLIAMS MOVED THAT NO COUNCIL MEMBER WILL SERVE ON THE AD HOC COMMITTEE. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • June 19, 1978 Page 6 Ayes: Nays: Absent : • • - Council Members Harper, Clayton, Mann, Williams, Weber, Smith. None . Council Member Smith. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) Minutes of the Library Board meeting of June 6, 1978. Minutes of the Parks and Recreation Commission meeting of June 8, 1978. Financial Report fo r the month of May, 1978. Memorandum from the Municipal Court Judge concerning the activity report for the month of May, 1978. * * * * * * City Manager McCown presented the Findings of Fact, Con- clusions and Recommendations relating to the zoning of an area which is subject to pet itions requesting annexation to the City of Englewood. City Manager McCown stated the staff is waiting for a response from the property owners on the conditions for annexation as set forth by the City. City Manager McCown recommended that Council postpone the matter indefinitely. COUNCILMAN WILLIAMS MOVED TO POSTPONE THE MATTER OF THE FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS INDEFINITELY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • 0 I • ( • June 19, 1978 Page 7 • • - City Manager McCown presented a request for a beer and wine license renewal for Paul's Restaurant and Pizzeria, 3542 South Fox Street. City Manager McCown stated the police report shows there have been no violations during the past year at this establishment. COUNCILMAN MANN MOVED TO GRANT THE RENEWAL FOR A BEER AND WINE LICENSE FOR PAUL'S RESTAURANT AND PIZZERIA, 3542 SOUTH FOX STREET. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a request for a 3.2 beer license renewal for Leslie E. Howe d/b/a/ Sport Bowl, 3295 South Broadway. City Manager McCown stated the police report shows there have been no violations during the past year at this establishment. COUNCILMAN MANN MOVED TO GRANT THE 3.2 BEER LICENSE RE- NEWAL FOR LESLIE E. HOWE D/B/A SPORT BOWL, 3295 SOUTH BROADWAY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber , Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning an annexation petition for 1470 West Tufts Avenue. City Manager McCown recommended that Council receive the petition and direct the Community Developmen t Depart-ment to submit a report on this area. • I • • • June 19, 1978 Page 8 .. • • - COUNCILMAN WILLIAMS MOVED THAT THE PETITION BE RECEIVED AND DIRECTED THE COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT A REPORT. Cou ncilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Mem ber Smith. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 13, SERIES OF 1978 AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD, FROM R-1-C, RESIDENTIAL DISTRICT, TO I-1, LIGHT IN- DUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON; AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH; AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 13, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith . The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 14, SERIES OF 1978 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $7,600,000 HOSPITAL RE- VENUE BONDS (THE SWEDISH MEDICAL CENTER PROJECT), SERIES 1978 TO • I • • ( • June 19, 1978 Page 9 • • - REFINANCE CERTAIN OUTSTANDING OBLIGATIONS OF THE SWEDISH MEDICAL CENTER; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGRE E- MENT, INDENTU RE OF TRUST, CLOSING DOCUMENT S AND SUC H BONDS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SUC H REFINANCING; AND REPEALING ACTION HERET OFORE TAKEN IN CONFLICT HEREWITH. COU CIL 1AN MANN MOVED TO PASS ORDINANCE NO . 14, SERIES OF 1978 0 FI'"AL READING . Co uncilman Williams seconded the motion . Councilman Clayton stated the City Attorney has ruled that even though his wife is employed by the Swedish Medical Center, there would be no reason for conflict of interest prohibiting him from voting favorably on the fin al passage of this bil l for an ordinance . Mayor Taylor stated the City of Englewood is in no way obligated to pay off this debt because it is legally the so le re- sponsibility of Swedish Medical Center. Upon a call of the roll, the vote r esulted as follows: Ayes: Nays : Abs ent: Co uncil Members Harper, Clayton, Mann, Williams, We b er, Taylor . None . Council Me mber Smith. The Mayor declared the motion carried . * * * * * * City Attorney Berardini presented a recommendation to approve a Stipulation in Settlement and for Dismissal in the case Bolejack vs. City of Englewood. City Attorney Berardini gave a brief summary on the history of the case and stated the stipu- lation recites that when costs incurred fo r the handling of cer- tain property are paid to the City, the City will then release the property to the parties as set forth by the Court . COUNCILMAN WEBER MOVED TO APPROVE THE STIPULATION IN SETTLEMENT AND FOR DISMISSAL. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. • I • • • June 19, 1978 Page 10 Absent: • • .. Council Member Smith . The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum from the Di- rector of Finance concerning the City audit . City Manager McCown recommended that Council consider the selection committee process and name three council members to join the Director of Finance in selecting an audit firm . COUNCILMAN HARPER MOVED THAT COUNCIL MEMBERS WILLIAMS , CLAYTON AND WEBER BE APPOINTED TO THE COMMITTEE TO INTERVIEW THE AUDITORS AND MAKE RECOMMENDATIONS TO THE COUNCIL . Councilman Mann seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Mann, Williams , Weber, Taylor . None. Council Member Smith . The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum concerning the Annual Financial Report to the citizens. City Manager McCown stated since the Council has not given unanimous support for this concept with some members desirous of examining what other cities have done along this line, City Manager McCown recommended that this concept be tabled for further study at budget review. COUNCILMAN WEBER MOVED TO TABLE CONSIDERATION FOR THIS FINANCIAL REPORT AT THIS TIME UNTIL THE TIME OF BUDGET HEARINGS WHEN COUNCIL CAN REVIEW THE COSTS AND SO FORTH. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • ( • June 19, 1978 Page 11 • • • City Manager McCown presented a memorandum concern- ing formal approval of out-of-state trips for Fire Chief Beeson and the City Manager to attend a Manager/Fire Chief Leadership Workshop in Seattle, Washington, and for Director of Community Development Wanush to attend the "Joint Development Marketplace" conference in Washington, D.C . City Manager McCown stated that attached to the memo- randum is a request from the Director of Libraries Harriet Lute for a member of the Library Board to make an out-of-state trip to review a computer system . City Manager McCown questioned the appropriateness of such an endeavor by the Board when its primary responsibility is to recommend policy to Council instead of getting involved in area of capital outlay. City Manager McCowo stated the Board's budget has a balance of $750 and they have spent approximately 90% of its funds. COUNCILMAN CLAYTON MOVED THAT COUNCIL APPROVE THE TRIP OF MRS. BENNETT TO CHICAGO TO REVIEW THE GAYLORD SYSTEM OF COMPUTER CIRCULATION. Motion died for lack of a second. Councilman Clayton asked the City Manager if there were additional funds of $1,200 which the Library Board agreed to appro- priate for the Diamond Jubilee Book and was to be reimbursed from the proceeds of the sale of the book. City Manager McCown stated he had no knowledge of such an agreement and any proceeds from the sale would have to go in the General Fund. COUNCILMAN MANN MOVED TO APPROVE THE TRIP FOR FIRE CHIEF BEESON AND THE CITY MANAGER TO SEATTLE ON JULY 12 -14 AND TO APPROVE THE TRIP FOR RICH WANUSH TO WASHINGTON, D.C. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Sm i th. The Mayor declared the motion carried. * * * * * * Mayor Taylor announced that the next Town Meeting will be Thursday, June 22, at 7 :30 p.m. in the Ernie Anderson Room of • I • n • June 19, 1978 Page 12 • • • the Police and Fire Center . Mayor Taylor stated the topic will be the re-organization of the Fire Department. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR MEETING. Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried and adjourned the regular Council meeting at 8 :45 p.m. JJ&)/Q{.'" Jut.y City cter • I • • REGULAR MEETING: • • .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 19, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 19, 1978, at 7:40 p.m . Mayor Taylor, presiding, called the meeting to order. The invocation was given by City Manager McCown. The Pledge of Allegiance was led by Boy Scout Troop #154 . Mayor Taylor ask ed for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Harper, Clayton, Mann, Taylor. Absent : Council Member Smith. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Direc or of Public Works Waggoner Deputy City Clerk Watkins * * * * * * City Manager McCown stated there were two corrections to be noted in the minutes of the regular meeting of June 5, 1978 . The first correction was on Page 3, third paragraph . City Manager McCown stated the due date should be changed from April 15, 1978 to May 15, 1978 . The second correction was on Page 13, paragraph 7. City Manager McCown asked the Clerk to explain the meaning of "an untoward work atmosphere". The Clerk stated the phrase meant an adverse work atmosphere not conducive to good working relations. City Manager McCown indicated his acceptance to this explanation. COUNCILMAN HARPER MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 5, 1978 WITH THE NOTED CORREC- TIONS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . • I • • • June 19, 1978 Page 2 Nays: Absent: • • • None. Council Member Smith. The Mayor declared the motion carried . * * * * * * Pre-scheduled visitor Mr. James Anderson along with Mr. Walt Imhoff from Hanifen, Imhoff and Samford, Inc. were pre-sent. Mr . Walt Imhoff, 10432 E. Ida, appeared before Cou ncil and discussed the refinancing of the General Obligation Water Bonds . Mr. Imhoff presented a resolution and a refinancing plan that would reduce the City's future principal and interest payments by $754,000. ****'~* RESOLUTION NO. 46, SERIES OF 1978 A RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE OF SALE OF GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1978, OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, IN THE PRINCIPAL AMOUNT OF $8 ,455,000, DATED AUGUST 1, 1978. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 46, SERIES OF 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Kells Waggoner, Director of Public Works was present and discussed the memorandum from the Director of Finance concerning the North Central III Storm Drain- age Basin bid. Director Waggoner stated the low bid was received from Watts Bros. Inc. in the amount of $522,838.60. Director Waggoner stated the total estimated costs for the project is $566,000 placing the project $101,000 over budget. Director Waggoner discussed some additional revenue sources that were • I • • ( June 19, 1978 Page 3 • • .. available at this time; and stated he and Dir ector James are recommending the bid award be made to Watts Bros. Inc. in the amount of $522,838 .60 for the construction cost of the North Central Storm Drainage Project Phase III and to amend the six quarter budget as per the aforeme ntioned revenue sources . Director Waggoner informed Council that Thomas Young from Sellards & Grigg, Inc., the City's consulting engineering firm, was present to answer any questions Council may have con-cerning this project . COUNCILMAN MANN MOVED TO AWARD THE BID TO WATTS BROS . INC. IN THE TOTAL AMOUNT OF $522 ,838.60 FOR THE CONSTRUCTIO N OF NORTH CENTRAL STORM DRAINAGE PROJECT PHASE III AND TO AMEND THE SIX QUARTER BUDGET AS DESCRIBED IN THE MEMO . Councilman Clayton seconded the motion . Upo n a call of the roll, the vote resulted as follows: Aye s: Nays: Absent : Council Members Harp er , Clayton, Mann, Williams, Weber, Taylor. Non . Council Member Smith. The Mayor declared the motion carried . * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to be heard. Mae Tillman, 3630 South Cherokee, appeare d be fore Council and spoke on behalf of the residents living south of Hampden. Mrs. Tillman stated the residents oppose the idea of being included i n the Downtown Development Authority . Mrs. Tillman stated their source of information was the newspaper article and the boundaries that were published include the area in which they live. Mrs. Tillman stated these residents fear the program would increase their taxes or cause their property to be condemned and converted into businesses. Mrs. Tillman referred to a petition signed by several residents ex- pressing their opposition. Mayor Taylor confirmed that the peti- tion had been received and presented to Council. A copy of the peti- tion wa s also filed with the Clerk following the Council meeting. * * * * * * COUNCILMAN CLAYTO N MOVED TO BRING FORWARD FOR COUNCIL ACTION, AGENDA ITEM 7A -MEMORANDUM FROM THE CITY MANAGER CONCERN- ING DOWNTOWN DEVELOPMENT AUTHORITY . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • June 19, 1978 Page 4 Ayes: Nays: Absent: • • .. Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . None. Council Member Smith . The Mayor declared the motion carried. * * * * * * City Manager McCown presented the memorandum concern - ing the Downtown Development Authority. City Manager McCown stated the Council met with a group of Englewood businessmen who recom- mended that Council create the Authority. City Manager McCown stated in order to create this Authority th Council must call for an election of the people in the District. As a result, City Manager McCown stated the Council appointed these businessmen to work with another group (the Downtown Study Committee ) and asked them to come back and recommend to Council the number of mills they wanted in the ordinance, the district boundaries and the date for an election. In response to Mrs . Tillman's remarks conce rn ing the residential area being included in the district, City Manager McCown stated the boundaries published in the newspaper are only proposed boundaries that were submitted to Council by a group of busin essmen . COUNCILMAN MANN MOVED THAT THE DOWNTOWN REVIEW COMMITTEE AND THE DOWNTOWN MERCHANTS COMMITTEE CONVENE JOINTLY AS AN AD HOC COMMITTEE TO PREPARE AND RECOMMEND TO COUNCIL THE BASIC ELEMENTS FOR AN ORDINANCE CALLING FOR AN ELECTION TO ESTABLISH A DOWNTOWN DEVELOPMENT AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF H.B. 1152, AS AMENDED. FURTHER, THAT THE COUNCIL DIRECT THE CITY MANAGER TO MAKE AVAILABLE TO THE COMMITTEE APPROPRIATE STAFF PERSONNEL AND ANY OTHER NECESSARY RESOURCES OF THE CITY, AS HE MAY DETERMINE IS NEEDED. FURTHER, THAT THE COMMITTEE BEGIN WORK IMMEDIATELY ON THE RECOMMENDATIONS FOR THE BOUNDARIES OF THE DISTRICT, THE MILL LEVY AND THE DATE OF ELECTION SO THE COUNCIL CAN MAKE A DECISION SOON . Councilman Williams seconded the motion. In response to Mayor Taylor'B question, City Attorney Berardini stated the participants of the Ad Hoc Committee have been identified in Councilman Mann's motion; however, it was his opinion that Council may add whoever else they feel would be necessary and would contribute to the Committee. In response to Councilman Mann's qustion on whether residential areas could be included in the boundaries of the district, City Attorney Berardini stated as he interpreted • I • • ( • June 19 , 1978 Page 5 • • .. the act, H.B. 1152, residential areas are excluded . City Attorney Berardini recited from the act a section defining the boundaries to include business and commercial areas only. Mayor Taylor explained H.B. 1152 as a vehicle whereby busineses in a commercial area can tax themselves over and above the regular property taxes. This money is then put back into the district for purposes of revamping the area itself . Mayor Taylor stated the Council is hopeful that this provision will not only upgrade downtown Englewood but also attract other businesses to locate in the downtown a rea. Mayor Taylor added that several banks and merchants of Cinderella City have expressed their support for this method. Upon a call of the roll, the vote on the motion resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried . * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to be heard . A lady from the audience asked if her property would be condemned if the Downtown Development Authority was created. City Attorney Berardini stated that residential property can not be included in the Authority and the Authority will not have the power to condemn residential property. However, the Authority could buy property at the current market price or they could lease property. * * * * * * Mayor Taylor asked if there were any other visitors wish-i ng to heard. No one responded. * * * * * * COUNCILMAN WILLIAMS MOVED THAT NO COUNCIL MEMBER WILL SERVE ON THE AD HOC COMMITTEE. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: • ) I • • June 19. 1978 Page 6 Ayes: Nays : Absent: • • - Council Members Harper, Clayton, Mann, Williams, Weber, Smith. None . Council Member Smith. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) Minutes of the Library Board meeting of June 6, 1978. Minutes of the Parks and Recreation Commission meeting of June 8 , 1978. Financial Report for the month of May, 1978. Memorandum from the Municipal Court Judge concerning the activity report for the month of May, 1978. * * * * * * City Manager McCown presented the Findings of Fact, Con- clusions and Recommendations relating to the zoning of an area which is subject to petitions requesting annexation to the City of Englewood . City Manager McCown stated the staff is waiting fo r a response from the property owners on the conditions for annexation as set forth by the City. City Manager McCown recommended that Council postpone the matter indefinitely . COUNCILMAN WILLIAMS MOVED TO POSTPONE THE MATTER OF THE FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS INDEFINITELY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • ( • June 19, 1978 Page 7 • • • City Manager McCown presented a request for a beer and wine license renewal for Paul's Restaurant and Pizzeria, 3542 South Fox Street. City Manager McCown stated the police report shows there have been no violations during the past year at this establishment. COUNCILMAN MANN MOVED TO GRANT THE RENEWAL FOR A BEER AND WINE LICENSE FOR PAUL'S RESTAURANT AND PIZZERIA, 3542 SOUTH FOX STREET. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a request for a 3.2 beer license renewal for Leslie E. Howe d/b/a/ Sport Bowl, 3295 South Broadway. City Manager McCown stated the police report shows there have been no violations during the past year at this establishment. COUNCILMAN MANN MOVED TO GRANT THE 3.2 BEER LICENSE RE- NEWAL FOR LESLIE E. HOWE D/B/A SPORT BOWL, 3295 SOUTH BROADWAY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None . Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning an annexation petition for 1470 West Tufts Avenue. City Manager McCown recommended that Council receive the petition and direct the Community Development Depart- ment to submit a report on this area. • I • • June 19, 1978 Page 8 • • - COUNCILMAN WILLIAMS MOVED THAT THE PETITION BE RECEIVED AND DIRECTED THE COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT A REPORT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . None. Council Member Smith . The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 13, SERIES OF 1978 AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD, FROM R-1-C, RESIDENTIAL DISTRICT, TO I-1, LIGHT IN- DUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON; AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH; AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 13, SERIES OF 1978 ON FINAL READING . Councilman Harper seconded the motion. Upo n a call of the roll, the vote resulted as fol-lows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 14, SERIES OF 1978 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $7,600,000 HOSPITAL RE- VENUE BONDS (THE SWEDISH MEDICAL CENTER PROJECT), SERIES 1978 TO • , I • ( • June 19, 1978 Page 9 • • • REFINANCE CERTAIN OUTSTANDING OBLIGATIONS OF THE SWEDISH MEDICAL CENTER; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORI ZI NG THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREE- MENT, INDENTURE OF TRUST, CLOSING DOCUMENTS AND SUCH BONDS IN CONNECTION THEREWITH ; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SUCH REFINANCING; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 14, SERIES OF 1978 ON FINAL READING. Councilman Williams seconded the motion. Counc ilman Clayton stated the City Attorney has rul e d that even though his wife is employed by the Swedish Medi cal Center, there would be no reason for conflict of interest prohibit i ng hi m from voting favorably on the final passage of this bill for an ordinanc e. Mayor Taylor sta ted the City of Englewood is in no way obligated to pay off this debt because it is legally the sole re- sponsibility of Swedish Medical Center . Upon a call of the roll, the vote re s ult ed as follows : Ayes : Nays : Abs ent: Council Members Harper , Clayton, Hann, Williams, Weber, Taylor. None . Council Member Smit h. The Mayor declared the motion carri e d. * * * * * * City Attorney Berardini presented a recommendation to approve a Stipulation in Settlement and for Dismissal in the case Bolejack vs. City of Englewood . City Attorney Berard ini gave a brief summary on the history of the case and stated the stipu- lation recite s that when costs incurred for the handling of cer- tain property are paid to the City, the City will then release the property to the parties as set forth by the Court. COUNCILMAN WEBER MOVED TO APPROVE THE STIPU LAT ION IN SETTLEMENT AND FOR DISMISSAL. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. • ) I • • n • June 19, 1978 Page 10 Absent: • • .. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager Mc Cow n presented a memorandum from the Di- rector of Finance concerning the City audit . City Manager McCown recommended that Council con sider the selection committee process and name three council members to join the Director of Finance in selecting an audit firm . COUNCILMAN HARPER MOVED THAT COUNCIL MEMBERS WILLIAMS, CLAYTON AND WEBER BE APPOINTED TO THE COMMITTEE TO INTERVIEW THE AUDITORS AND MAKE RECOMMENDATIONS TO THE COUNCIL . Cou n cilman Mann seconded the motion . Upon a call of the roll, the vote re -sulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . None . Council Member Smith . The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum concerning the Annual Financial Report to the citizens. City Manager McCown stated since the Council has not given unanimous support for this concept with some members desirous of examining what other cities have done along this line, City Manager McCown recommended that this concept be tabled for further study at budget review. COUNCILMAN WEBER MOVED TO TABLE CONSIDERATION FOR THIS FINANCIAL REPORT AT THIS TIME UNTIL THE TIME OF BUDGET HEARINGS WHEN COUNCIL CAN REVIEW THE COSTS AND SO FORTH. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • ( • June 19, 1978 Page ll • • - City Manager McCown presented a memorandum concern - ing formal approval of out-of-state trip s for Fire Chief Beeson and the City Manager to attend a Manager/Fire Chief Leadership Workshop in Seattle, Washington, and for Director of Community Development Wanush to attend the "Joint Development Marketplace" conference in Washington , D.C . City Manager McCown stated that attached to the memo- randum is a request from the Director of Libraries Harriet Lute for a member of the Library Board to make an out-of-state trip to review a computer system . City Manager McCown questioned the appropriateness of such an endeavor by the Board when its primary responsibility is to recommend policy to Council instead of getting involved in area of capital outlay. City Manager McCown stated the Board's budget has a balance of $750 and they have spent approximately 90% of its funds. COUNCILMAN CLAYTON MOVED THAT COUNCIL APPROVE THE TRIP OF MRS. BENNETT TO CHICAGO TO REVIEW THE GAYLORD SYSTEM OF COMPUTER CIRCULATION. Motion died for lack of a second. Councilman Clayton asked the City Manager if there were additional funds of $1,200 which the Library Board agreed to appro- priate for the Diamond Jubilee Book and was to be reimbursed from the proceeds of the sale of the book . City Manager McCown stated he had no knowledge of su ch an agreement and any proceeds from the sale would have to go in the General Fund. COUNCILMAN MANN MOVED TO APPROVE THE TRIP FOR FIRE CHIEF BEESON AND THE CITY MANAGER TO SEATTLE ON JULY 12 -14 AND TO APPROVE THE TRIP FOR RICH WANUSH TO WASHINGTON, D.C. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Absent : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor announced that the next Town Meeting will be Thursday, June 22, at 7 :30p.m. in the Ernie Anderson Room of • I • • June 19, 1978 Page 12 • • • the Police and Fire Center. Mayor Tayl or stated the topic will be the re-organization of the Fire De par tment . * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR MEETING. Councilman Weber seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays : Absent: Council Member s Harper, Clayton, Mann, Williams, Web er , Taylo ~. None. Council Member Smith. The Mayor declared the motion carried and adjourned the regular Council meeting at 8:45 p.m. • I • • • • • • · ~ rpJav /Y!2t£L1lj 0 -IC/-1 g ROLL CALL Hoed s dd y econ e ~ye /l_..l Williams A N ~ll'!bi!>r -,-- :>mltr. '--' JiarDtt_ Cla_vton Mann i __!lilj'Or Ta y_l_!l !:_L -- Ab t f s a n Ab t sen I . • - • • ROLL CALL " ed s d d A N Ab ta1 ov econ e ~e ~ s n se WilHam!: .J::::::::.. Ab nt ...weber ~ ~ ~r. ~ ~ ....IW::Dtt J::::::.. ClC!Yton J:::::::: Mann _t ~ ~or Ta•-:_'.E r .J:::::.. • • I . • • • -· • - ROLL CALL Moved Second d e Ave Nay Abstafn WilHam$ Absent v v Wo>ho>r ··--~ v :>m1tr. tw:r- I~ Haro~j_...--1/ v- Clavton v Mann LV lT,ayor Ta y_lEU y I . . • • • • • RO LL CALL Moved Seconded Aye Nav Abstain Absent Wi111ams -Wll'hll'r :,m1th ~ Harn~ Clavton Mann 1ilayorlalJEU ------- I . • • • - • • . .; ROLL CALL M ed S d d A N ov econ e ~e ~ sta n sent ~ WilHams -~ Ab Ab ..weber_ ~ ~ltr. -~ ~ hr'D~ ~ Cl~ton .J...--..J::::.. Mann ..1:::::::::.. __l'l_ay_or T~y_,E U k': I . . • • - r-- • • • • ROLL CALL Moved Seconded A \Ve Will iaml' Nav Abstain Absent WPhPr ::im1tr. c:.--- Harn~ Clavton Mann I --,.,ayor Ta_;:~E U ll3 IJ~. ~ UJ OCfcYY\A_) ~~ "11~ ~-"j ~~tJ-r~fU. !V-u ~~ &-J T·tJ~/~N d022, S3f toO . • I . . • • • --------~------~ ROLL CALL Moved Second d e Aye Nav Wil l 1am5---· Abstain Absent ,..... -~--· WPhPr v :>mit"r. ~ t,.....- 7 -Haro~:r__j.:::7 (.,../ / v Clavton ~ --"'-Mann L~ lllavor T~y_1.£1 !:_j_·v ~ (/ / tJ U5C{ flu u·2 z, t3f 0o ) ~ u fl(v ~~ ~ G~~o.o ~d .· I . • . .-~~--------------~--~---------• • • • RO LL CALL "' ed s d d ov econ e ~e ~ sta n sen Wi111a ms A N Ab 1 Ab t ---..WI"bil>r ~"!!!_r. t.---' .Jiaroe.r_ Cl~ton Mann L _!layor ~EU ;;_ I . . • • • • • ... __ ROLL CALL H eel S d d A N Ab t f Ab t ov econ e ~e ~ s a n sen WilHam~ ·-~ ~ ~f!r t-- ~l_t r. .JII!: ~ ...HMDu_~ t--...1:::::::.. Cl~ton ~ Mann ~ __!layor T~Y~E r ~ I . . • • • • • AalL CALL M oved SecondR<'I Aye 1/ Wi11iam l' Nav Absta fn Absent ~~ .... .. :::.m1 r. ....... Haro~rr_~ .J/ Clavton Mann "11.ayor T ~Y-'E r j_ • I . • • - -- • • • • ____ __,~-. RQ LL CALL Moved Seconde d ~ (Yl) . A Wi 11 i a m .~----1\ye Nay Abstain Absent ..- --~--W<>h<!r ~ sm1t r. ~ t--Hcll'Dtt_ --,.__, C14Yton t/' Mann Li-- Mayor ~_9 !:._j_V ~ w---tco ~ w (JY) CrY'~ ·~, . -~ (h,'>ytfltc> th . i.Zuv ~~l)~~/)1~ 0 ! I / . A Ah > ~ ~ I d-~'t:;-<J • ~ . ~MJ /i~. ~ {l -->1 nJ ~ ~ f_ ;(ei, "-U-k_, tf h~c :&_Ji ~~-~au ~·M v-__J ~rfe<:JJ /t_U?~~ ~ ~J t;~ ~ _!-YJ W-I~ t~ YlL~~ ~-u_lj)_, . ' .0~ /)l"vJfl d--u .... ,J rncmuj ~ w ~ It /U.. 1/?J'l ~ ~/VU~ d-~j .k11 ,/)')%> ~ • I . • • , . • E_Q LL CALL Moved Second d e Aye Nav Abstain Absent -· Wi 11 i aml' -· Weber :lmitr. t.---"" Harn~rr._ Clavton - Mann i Ma-yor T~i _9r I . • • • • • -- ROLL CALL Movea Seconded v Wil l fi!lm .<: ~e Nav Abstain Absent -l/ w .. h .. r i.---. :>mit r. u-- Ha rolE' r z;:;;:;--~ c:;:;::::- Clavton I__.,-1-- Mann L~ ""Voayor Ta y_,9!:_j __ ~ I . • • - • • ROLL CALL M ed S d d A N Ab Ab ov econ e ~e ~ sta n s~nt William s ~ ~m_!!t. ~- JW:Qtt_ ,___ Clayton Mann I _l'"oayor fa y~ EU • I . • • • • • • ROLL CALL M ed S ov d d econ e A ~ye N ay Ab sta n Ab t sen v William-" -·-.C/" W1>h1>r 1/ :>m1tt. ~ 1L. Haro~l.---"' .V Clayton J./" (../" Mann L~ Mayor Ti\."Y.:i E !:.~~ I . . • • • • • ROLL CALL Moved Seconded Ave Nav Absta 1n Absent l.../"' William~ I~ l.lohcr . -77 :>m1 r. ~ t_.....--" Haro~l/ v Clayton L7 J....--Mann IV Mayor Ta y~ _9 r -z:;;:; I . . • • • • ,. • ROLL CALL Moved Seconded Ave Nav Absta fn Absent Wi111am s •/ }/' IJAhAr ··-~ i7 :>m1 t r. ~ ,_ Haro«-.,~ v Clavton 77 -17' Mann I V Mayor Ta y~_9r -r 1.:7 I . . • • • -· • • • I • • • • ROL L CALL Move¢.-Seconded A'je Na_y Ab t in s a Absent v I Wi 11_i~m s v }Ieber v-- :>ml_Y; ~ ~ ~ ~~J...;-v- Clavton ~ Mann 1 v-- 1 "P.aYor T a y~E t:_L~ I . • • - ,. ROLL CALL Moved Seconded £../ William$ Aye v-w .. h-;; v-smnn ~ I-I a ro!:r__ J...--v- v Clavton f../"" Mann v- --r.ravor Ta yJ£l U V"' • • • • Nay • Abstafn Absent /.,;- I . . • " • - • • -------- ROLL CALL Moved Seconded A \ve Nav Absta fn Absent Willfllms w .. h-; .. -~-· smnr. ~ Haro~......- Clavton Mann · ~oT'IaYJ E .!:..l- {U_d:;~ t ~ ~u;~ C f}~ ~-~ . 0;vL of r7 £;; ~ 1M )!ad I . • • • - • • ---------~---- ROLL CALL " ed s d d A ov econ e ~e ~ sta n sent Wil1111m!: J---" v ~ --·--· '--" ~"!!Yl ~-~ J..-JilJ"Dtt_ ;.--,__ Cli!l_ton 1.--- Na Ab Ab Mann 1.-- __l'layor Ta y_l_!l !:_j_ ~ I . • • • - • • ROLL CALL Na Abstain Absent Moved Sec~ndtod ~e l.Y' Wi 11 i ~rr.s __ J J:::::::. _ _Weber f L~ L_... :,ml_!n _ _y _ H4.rJ2.er. ~ ..1::::::::_ Cl~ton ~ ~ Mann ,__ ~or Tay_~~U L..-- 1 b . I . . • • • • • ROLL CALL Moved S d d econ e Aye Nav Abstain Absent Wi11ii'rr.S _:__J v-v W!!b-;r I L/ ~mftn L...-Harol!r ~ J.---Clavton L--v Mann v--Ma~or Tay]_:u v- k . I . . • • • • • ROLL CALL Moved Sec~nded A N --.,-~ av Abstain Absent Will i?Jr.S WPbl>r -1 "Smffn Haro1>r V 72: Clavton Mann Mayorlay'i:l r -, 7JL ~J. I . . • • • • .. • RO LL CALL ed s d Hov ec()ndt> 1\.Ye i!Y sta n bsent c..--Wi 11i ?rr.s --~ A N Ab A ..weber y ~I ~ _Haroer v--~ _111111111' Cli!Y_ton v-~ Mann J.,..-- _Mayor Ta y]_~r · ~ I . . • • • - • • ROLL CALL l' Ave Na}' Abstain Absent Wil li r rr.s J Moved Sec~nd d W,.h,.r I :,m1tr, -Hilroer Clavton Mann May~r Ta y_l_::~ L • I . . • • • • • Moved Sec~nded Ave Nav A sta n sent v Wi11i?r.:s _J )_..,...? W1>h1>r I b Ab """"S'"mlU, Haroer - Clavton Mann -v.ayor Ta~)-~r I . • • • • THE FOLL().IJ NG RtOPERTY O..'NERS OF 'lESIDENTIAL R-J PROPERTY DO Nor WANT TO BE INCLUDID IN SPECIAL I MPRCNEMENT rTSTRICT l"CR THE CENTRAL Blf>INES S DIST::rCT N()-1 BE I NG CONSTI1EREl1 BY ENGIDJOOD CITY COUNC I L. THE APPR OX I ~!ATF. Lcx:A TION OF THESE PROPERTI~ ARE BONDED BY AC :J W. STRE ET ON TP.E ":AST, KENY ON AVF.. ON THE SOUTH TO THE ALL!.! WEST (Ji' FOX ST. ON THE VEST, TO JEFFEPS Cfi AVE. ON T!-lE NOPTH TO CHEROKEE ST., THENCE TO rHACA AVE. ON THE NORTH THENCF. "XTF.NN JJ F'.AST TO ACOf.1A ST: • I . • • • • THE FOLLa~nu: PR OPERTY CJrN EPS Of' I·' S I!'T"t!TI/'. L R-J PR OP ~:RTY f'O ~ ~'ANT TO BE INCLtDED IN SPECIAL Jt'Pf<CNEMENT f.ISTRJCT Fffi THE CENT ~>.AL B!f;!N~S DISTP.ICT N!l ! BEDIG COOS lfi ERED RY niGLEI JOOr: CJ TY c o•:rcn,. THE APPROXIHlTE LOCATI Cfi OF TP.ESE PROPERTFS ARE BOUNDED I:Y AC O~ STREET ~ THE EAST, · Jo:l<liYCfi AV E . ,)f.; THE S OI!TH, TO THE A LI.EY l·IFS T OF FOX ST. ~ THE T,'f!;T, TO JE •'FE~SOO AVr~. ON '1'1-!E NtRT H, TO CIIEI'.OK F.~: ST., TRENCE TO ITHACA AVF.. C!l TilE NOf;TH, Tt£NC~: EX'l'EN r rn ~:Mi T TO ACOMA S T: 'J .t. . .r 3 t1£.-. . .z_ 7 ~ /7 E ;z-t:... ,.,. J · .. • I . • - • - - I . • • • • • • THE F'OU.O..'IJ\r; P"OPER TY 'liN~:!-~; OF' r: !': TD F!'TTP.L 11 -J P!WP!:RTY TJO NOl' WANT TO BE INCLUDED IN SPP.CIA I. l ''Pf'.OVEI-fr:NT r.r~·TR JCT F'Cil T in.'; cr:NTPA L B l5I N~!>S f\IST ~·:J CT !.l.l' BElt!G C(l;SH•EFF:D HY ENGUX OOr Cl'!'Y C0'1 CIT .• THE APPft()J(IMATE LOCATIOO :lF' THF!JE PROPERT I'S ARE BOUNDJo:O BY AC OMA STREET ctl TP.E r.J.C',T, Y.lrnY CII An. ON THE SOi!TH, T O T ilE ALLEY l·."i'';' OF FOX ST. ON THE t fST, TO JF.I'F EPS~ J.V F.. ON THE Nel'T H, TO C!'E f•'lK".E ST ., THENCE TO ITHACA AVE. (fi Tl!E NORT H. Tf£NCf: EX "F.N rn ~J..E T Tll .~c ~··~VI ST : I . .cJ · ;-- • • • .. • THE FOT.LOiiNG P~OPERTY tWNEPS OF P 'SIT.-I~NTIAT. R-J I'IWPERT Y r.o NCJI' \./ANT TO BE INCLUDED IN SPECIAL J'A J'R c.NEMENT J l iSTRJCT Fat TEE C Errf ~L BlfiiNESS DISTRICT I·!Cll REING Cct1SIH:Pm BY ENGLE',:oor CITY CO'rt :cnJ. THE APPROXIMATE UX:ATic:tl OF TP.ES E F'ROPF.RTI'·S ARE BOUNDF.TJ BY AC OMA STREET CJl TEE EAST. ·Y.ENYCJl AV E. ON THE S O!IT H. TO Tf!E ALLEY WE;.T OF FOX ST. ON THE \·!.EST, TO JF.:~"FEPS ~ AVE. ct1 Tfl.E KORTH. TO CHEPOK EE S'!'., THENCE TO ITHACA AVE. ON T!IE NCF'!'H , TJENC~; EX 'J'~N;·rn !-:I.S T TO ACOMA !"T: Lcx:ATION AND/Ql ;f.GAL DISCIUPTJCJl _g 1''1" ~ C.h,r. 1.,~ L, fs. /-t ,:. t.J /O 1'1' ., / ~ B/x fC ;1 ..f/rt!'r.-,#r Ac// ~,e ,.C/?' Y..) /ct ,:::;-" t.J J /i-j(,r> ~;n fi/ .. .t.J r;, • Sa . c t.~f.c If H . La f 6l i3U( 3 D1j lc. uNr.J l-lfs 1 . Lots I -)I .dLJr' 3 H ...-'9 // j l(/(,f/C.'J &"//, .3/, 9 s- 0.., &-:, :? s- ~~~ 75"' ,866S S'. C ~ f /f'O.I) f l' --A ~ 7' .5 ~ t!" J>- ,.{7.-t..£J c..-t .3 . /;74i"?,;·,J.. :rr.~·...,/...f"J ..I..LI~J P"T D ~d.Jv '-i? #t!J.;$J-5 !4 071-?~rt:« . ..<}v &.<-~~ 4~ ~~~'rtE. ~ ~~1:{ • I • • • • • • THE F'OT La<nn: P"'OPERTY lfNEPS OF' P'S ID F'.NT l AL R-) PR OPERTY f O Nor WANT TO BE INCl.'JDm IN SPECIAL P~PR OVE NEtiT pSTRICT F.CJl THE CRN TF'.AL Blf)JNESS fl lSTP.I CT Nfl.' BEING CCIISIT•ERED BY ENGW.'OOr CJTY C'J T CIT .• THE APPIHJXI~TE LOCATi l~ CF TP.ESE PP.OPER TPS ARE BOUNDED BY A C O ~ S TRE ET 0.1 Tfi.E EA S T, Y.P.NYctl AV F.. \l N THE S QlfrH, TO nTE A U .F.Y HFST OF FOX S T. ~ THE I·.' liST, TO .TF.~'FEPS ~ AVF.. ON 1'HE NOOTH, TO CHE POKP-E ST . , THF'..NCE TO ITHACA AVE. ON THE NOr•TH, TIENC~: EX 'J'EN'Fll EAS T T O ,;c oM\ ~T : LOCJ.TJON ANil/al lEGAL DISC !l JPJ'1Cfi • I . . -• • • THE FOLLa·;ING P"OPER TY lfW':f.S OF P ' S TDf.NTIAL R-J PR O P~:RTY r o NO!' WANT TO BE INCLUOFll IN SPF.CIAL J'APfWVEMENT J I STRICT FCR THE CENT"'AL BUSINESS DISTP.ICT N().' BEING COOSJr!ERED RY ~N GID:OOr CJT Y c o•a:cn,, THE APPROXI*TE LOCATICfi OF TP.ESE PROPF:JlTI 'S ARE BOUNDED BY AC OMI\ STREET ~THE EAST, KENYOO AV F.. ON THE SOUTH, TO Tf!E ALI .EY }lEST OF FOX ST.~ THE ~:.EST, TO JE '-FET'SON AVE. ON THE NOf1T H, TO CH EP OK ~~E ST., THENCE TO ITHACA AVF.. ON THE r-:or.':'H, TI£NC~: EX TE N ~ED ~:hS T TO ACOMA ST: LOCATION AND/al lEGAL DlSCRIPI'I~ 3'-"~.;;. s· ~. 7Y c:t1:.· J~G-_,?:> h ~~--~·-tc/fs f~iJI':_.,ifiC. ;J(.<j(/-~ (.9j~ fJ/4 '-/rlq r;· .... ,~t:v "• l. 1-/o-.1..'~ ~ ,.Q.,»:;; ".· ~ )"._, )S"Tfl S. ~~ ~ ~.e. p.-~.L "'""'· :J~~s-5 . psJ.__ ,..,~~.e.~~ 1?~ '--. -:~,.CJ '· ~....o..__ L..o r.s ,,_,' 1/~:lc I .s 1<£.,11 ,,... ~ .... It?, 4 J... eft! ,_,....-'' d-ll'-'-.~ .. '" 7"7 I._,( (f 'C: I ~,., .... c.,.~\!'0 L.:. rr 1-2 tJ "~ I "tl r.s~_,.. ..S "'O }~c. 2 S . F \c o ''-'l- J (; /7 }0 ~~~'-to15 17 /o LSI !-( z ~ic~c : ( }'II. )•' ~ ;/,.1:; l . .J ~ !Jf.4 I (, f ds J6J.S ,u,~~~ 3b/5~o~ • • I . / I • • • ,. - THE P<l,LO·:nw PROPERTY CWH J-.'FS OP P S TtF.NTit.l. ll-J PR OPERTY 11 0 NOl' WANT TO BE IHCLUDJiD IN SPECIAL J''PIHNEMEHT riSTR J CT Pffi THE CENTRAL Bt:flDJJI)S DlSTRICT tU.l/ BEING COOJT•ERED BY ENGID.'OOr CI TY cor -r;cn,. THE APPROXIM\TE LOCATIC.W OF Tf:ESE PROPF.R T!!-S ARE BOUNDED AY AC 0t.JA STREET CIJ TIP. EAS'l\. ·Y.ENYCJJ AVE. ON "'HE S OtJTH, TO THE ALLEY ~lffo T OF' FOX ST. Cf4 THE ~.'~T, TO JEI'F E:>S CJJ AVE. 00 THE N<l1TH, T C1 CHEFOIU:r. ST ., THENQ; TO ITHACA AVE. <11 THE NO"'i'H . TI£NCt EXTEN 11F.D ~'.hST TO ACQt." ST: LOCATI~ AM.l/al lEGAL D lSC P IPI'lCII • I . NAME • • • • THE FOLLOHN r: PP OPERTY JIN f.~S OF P "S IDF.NTIAL R-) PP IJ PER'l'Y ro NOI' W,NT TO BE INCLUDED IN S PF.CIAL I'~I~OifEMENT fi~TR J C T Fffi TEE CEN:-":A L Blf>INF!lS DISTPICT NCl ' BEING COOS if\ERI'.'D RY EN GU.v.'OOr C:TY C:J'T CIT .• THE APJ'flOXIMI\TE LOCI.Titll OF TEESE PPOPEP T P ·S ARE BOUNDED BY AC l1 t·IA STR F:ET 00 TP.F. EAST, KEf/YOO AVE. ON THf; SOUTH, TO Tf!S ALLE Y \J~T OF FOX S T. 00 THE l'F.S T, T O JE"'FEFSctl AVL ON TP.E NOFTH . Ttl C!fEc ( KF.E !"."' •• THENCE TO ITHACA AVE. N THE NO'lTP.. TI£NCE EX T ~N'-ED ~:hS T TO A C0 1A ~· T : LOCAT I ON A Nil/a< !..EGA L D JSC !' IPJ'IOO • I • • ( { ( • REGULAR MEETING: • • •' • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 5, 1978 The City Counc il of the City of Englewood, Arapahoe County, Color ado, met in regular session on June 5, 1978, at 7 :30 p.m . l 4 Mayor Taylor, presiding, calle d th e meeti n g to order . The i nvoc ation was given b y Howard Brown, 3183 South Race Street . The Pled ge o f Allegiance was led by Mayor Taylor . Mayor Taylor asked fo r roll c a ll . Upon a call of the roll, the following were present: Council Members Williams, Weber, Smit h, Harper, Cla yton , Mann, Taylor . Absent: None. *** .. k·k * Also pr s nt were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Engineering Services Diede Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 15, 1978. Councilman Harp e r second ed the motion. Upon a call of the roll, the vote resulted as fol lows : Ayes: Nays : Council Members Weber, Smith, Harper, Clayton , Mann, Williams, Taylor . None . The Mayor d clared the motion carried . *'~'**** • I • • • • .. Jne 5, 1978 Page 2 RESOLUTION NO . 43, SERIES OF 1978 RESOLUTION OF THE COUNCIL OF THE CITY OF ENGLEWOOD COMMENDING WILLIAMS . STAPLEY AND ROBERT CUNNINGHAM FOR ACTS OF BRAVERY AND COMMUNITY INVOLVEMENT . OF 1978 . the roll, COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 43, SERIES Counc ilman Clayton se conded the motion . Upon a call of the vote r esulted as follows : Ayes: Nays : Council Membe rs Weber, Smith, Harper, Clay to n, Mann, Williams, Taylor . None . Th Mayor declared the mo tion carried and present e d Resolution o . 43, S ries of 1978 to Mr . Robert Frye, Coordinator of Per I, Bob Cunningham and Bill Sta pley. Mayor Taylor also pr esented Mr . Cunningham and Mr . Stapely with a $50 reward from victim's husband whom they protected from the crime . * ~ * * * * Pr -s cheduled visitor, Municipal Court Judge Parkinson, was not pr esent . * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to speak to Council on a ny matters . Will Howar d, 3130 South Coro na, a ppeared befor e Council a nd discussed the fir fight ing re-organization plan proposed by the City 's Fir e Ch ief . Mr . Howard stated h e thought the plan would reduce t h e front line fire fighting and asked Council to seek addi- tional information b fore making a decision . * * * * * * Mary Arthur, 313 0 South Corona, appeared before Council a nd discuss d the fire fig hting re-organization proposal. Ms. Arthur stated she was against the proposal because she thought the plan would reduce the pres nt manning on the trucks. * * * * * * Jo el McNamara, 3403 South Logan, a ppeared befor e Council and discussed RTD's receptiveness to r e duc i ng the use of r e sidential streets and g Lting back to using comm rcial streets . Mr. McNamara also discussed the City 's noise ordinance and asked Council for stricter enfor cement . * * * * * * • I • • ( ( • June 5, 1978 Page 3 • • - Myrtle Jones, 5020 South Washington, appeared before Council and suggested that Council approach the School Boar d about buying Duncan School property and converting the area into a park facility for the residents of northeas t Englewood . Mrs . Jones requested that if such a purchase can b e negotiated, she would like additional facilities such as out doo r bathroom, outside cook- ing grills and a shelter be installed on the grounds . *o''*'''** William Anderson, 4981 South Washington, appeared before Council a nd discussed his conc ern over the condition of Belleview Park . Mr. Anderson stated the park n eds lights; there is an open flume, the sprinkler system is malfunctioni ng, the weeds need to be pulled up and replaced with flowers , and the bleachers have not been replaced . In r eply to Councilma n Clayton 's qu estion, City Manager McCown stat ed the new bleachers were due April 15, 1978; however, they have no t arrived as yet. Councilman Clayton asked the City Manager to provide a report on Belleview Park sometime b ef ore the next meeting . * * * * * * Betty Hin es , 3225 West Chenango, apppeared before Council and asked Council to re-consider the fi r e f i ghti ng r e -organization proposal. ***;'<** Heather Hol land, 4140 S. Inca, appeared before Council a nd asked Council how she could b etter fi nd out about the issues that go befor e Council . Ms. Holland stated th at it was by accident t h at she found out abo u t t he fi r e fighting proposal. Mayor Taylor stated that several issues are discussed at the Town Meeting and the Mayor's Coffees which are open to the public. Mayor Taylor invited Ms . Holland and any other citizens to attend these meetings and voice the ir concerns . * * * * * * Maurice Merlin, 3688 South Sherman, appea red before Council and discuss e d the short calendar that appeared in this month's En lewood Citizen. Mr. Merlin suggested the format be change d s1milar -to-fne one at the Elsie Malley Center. * * * * * * • I • • • June 5, 1978 Page 4 • • There being no other visitors wishing to speak before Council, Mayor Taylor declared a recess at 8:35 p.m . The Council reconven ed at 8:50p.m. Mayo r Taylor asked for a roll call . Upon a call of the roll, the vote resulted as follows : Council M mbers Williams, Weber, Smith, Harp r, Clayton , Mann, Taylor . Absen : None . Th e Mayor d clared a quorum present . * * * * * * COUNCILMAN CLAYTON MOVED TO MOVE FORWARD AGENDA ITEM 6E "A BILL FOR ORDINANCE RELATING TO SWEDISH MEDICAL CENTER AND A BOND SALE" FOR COUNCIL CONSIDERATION . Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as fol l o ws: Ayes: Nays: Council Members Weber , Smit h , Harper , Cl ayto n, Mann, Williams, Taylor . None . The Mayor declared the motion carried . * * * * * * Lowell Palmquist , Executive Director of the Swedish Medi - cal Center appeared be fo re Council and introduced a member of the Center's bond consultants, Mr. Richard Bowles, of Dawson, Howard, Sher - man and Nagel . Mr . Bowles then proceeded to discuss the bond issue and entered into the r eco rd the financing agreement and the inden-ture of trust documents . Councilman Clayton stated the City Attorney has ruled that eve n though his wi(e is em ployed by the Swedish Medical Center, there would be no reason for conflict of interest prohibiting him from vo ting favorably on the passage of the bill . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH . A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF $7,600,000 HOSPITAL REVENUE BONDS (THE SWEDISH MEDICAL CENTER PROJECT ), SERIES OF 1978 TO RE- FINANCE CERTAIN OUTSTANDING OBLIGATIONS OF THE SWEDISH MEDICAL • I • • ( June 5, 1978 Page 5 .. • - CENTER; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMEN T, INDENTURE OF TRUST, CLOSING DOCUMENTS AND SUCH BONDS IN CONNEC - TION THERWITH; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SUCH REFINANCING; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH . COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor . None . The Mayor declared the motion carried . * * * * * * "Communic ations -No Action Recommended" on the agenda were r e ceived: (a) (b) (c) (d) (e) Minu es of the Planning and Zoning Commission meetings of April 18, and May 3, 1978 . Minutes of the Public Library Board meeting of May 9 , 19 7 8 . t1inutes of the Parks and Recreation Commission meeting of May 11, 1978. Minutes of the Board of Career Service Com- missioners meeting of May 25, 1978. Memorandum from the Director of Community Development to the City Manager concerning his attendance at the American Society of Planning Officials Conference in Indianapolis - April 29 to May 4, 1978. * * * * * * Administrative Assistant Hugh Brown presented the minutes of the Water and Sewer Board meeting of May 16, 1978 and discussed the recommendations contained therein . Administrative Brown stated the first r commendation concerned a request from Tagge and Taranto for relocation of City Ditch along Santa Fe Drive near McLellan Reservoir Pump Station . • I • • - I • June 5, 1978 Page 6 .. • • • COUNCILMAN MANN MOVED TO ACCEPT THE RECOMMENDATION FROM THE WATER AND SEWER BOARD AND APPROVE THE REQUEST !:'OR RE- LOCATION AND ENCASEMENT OF CITY DITCH IN THE AREA OF SANTA FE DRIVE AND THE MCLELLAN PU!'-!P STATION . Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as fol -lows: Ayes: Nays: Council Members W ber, Smith , Harper, Clayt on, Ma n n, Williams, Taylor . None . The Mayor declared the motion carried . * * * * * * Administration Assistant Brown discussed the next recom- mendation from the Water and Sewer Board concerning Supplement #59 to Southgate Sanitation District. COUNCILMAN HARPER HOVED TO ACCEPT THE RECOM!'1ENDATION FR OM THE WA TER AND SEWER BOARD AND APPROVE SUPPLEMENT #59 TO SOUTHGATE SANITATION DISTRICT. Councilman Mann seconded th motio n. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council M mbers Weber, Smith, Harper, Clayton, Mann, Williams, Taylor . None. The Mayor declared he motion ca r ried . * * * * * * Administrative Assistant Brown discussed the next recom- mendation from the Water and Sewer Board concerni ng a lease of 2,000 acre feet of water to Central Colorado Water Conservancy District Groundwater Hanagement Subdistrict . COUNCILMAN MANN MOVED TO ACCEPT THE RECOMMENDATION FROM THE WATER AND SEWER BOARD AND APPROVE THE LEASE OF 2, 000 ACRE FEET OF WATER TO CENTRAL COLORADO WATER CONSERVANCY DISTRICT . Council- man Harp r seconded the motio n. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper , Clayton, Mann, Williams, Taylor . Council Member Weber. The Mayor declared the motion carri d. * * * * * * • I • • - ( ( • June 5, 1978 Pa ge 7 • • City Manager McCown presented a recommendation from the Planning and Zoning Commission meeting of May 16, 1978, con - cerning zone design ation on South Santa Fe Drive . COUNCILMAN CLAYTON MOVED TO POSTPONE THIS ITEM CON - CERNING SOUTH SANTA FE AREA INDEFINITELY . Cou ncilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Weber, Harper, Clayton, Mann, Williams, Taylor . None . Council Member Smith . The Mayor declared the motion carried . ****..,"* City Manager McCown presented a request fo r a change of corporate officer for Encore, Inc. d/b/a So uth Door, 5470 South Broadway . COUNCILMAN MANN MOVED TO RECOGNIZE THAT THE REQUEST FOR CHANGE OF CORPORATE OFFICER FO R ENCORE, INC . D/B/A SOUTH DOOR, 5470 SOUTH BROADWAY HAS BEEN SUBMITTED AND THAT THE NEW OFFICER IS QUALIFIED TO DO BUSINESS UNDER THE LIQUOR CODE. Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as fo llows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor . None. The Mayor declared the motion carried. City Mana g er McCown presented a memorandum from the Director of Public Works to the City Manager concerning a re- quest for signalization on Dartmouth at Tejon and Platte River Drive. City Manager McCown stated because of the limited amount of money available in the PIF under Traffic Improvements both locations can not be signalized. City Manager McCown recommended that signals be placed on Dartmouth and Platte River Drive since this location needs it more urgently than the other location . COUNCILMAN CLAYTON MOVED TO APPROVE SIGNALS AT BOTH THE EAST AND WEST INTERSECTIONS OF SOUTH PLATTE RIVER DRIVE AND DARTMOUTH AVENUE. Councilman Williams seconded the motion . • I • • • June 5, 1978 Page 8 ,. • • - Councilman Harper stated he would have to vote no on this motion because he felt with the closing of several schools other types of lights would be needed a nd he would rather spend the money towards the safety of students . Councilman Clayton withdrew his motion . Councilman Williams withdrew h is second to the motion . COUNCILMAN CLAYTON MOVED THAT THE ITEM BE POSTPONED UNTIL JULY 3, 1978 AND BE PLACED ON THE COUNCIL AGENDA AT THAT TIME. Councilman Smith seconded the motion . A lengthly discussion ensued on whether or not the date mentioned in the motion should be deleted since t he schools needed ample time to make a study and issue a findings report. Councilman Mann suggested that the lights from the schools that will be closed be reused at the schools that r emain open . COUNCILMAN SMITH MOVED TO TABLE THE MATTER . Council- man Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber, Smith, Harper, Clayton, Williams, Taylor. Council Member Mann . The Mayor declared the motion carried . ***~<** City Manager McCown presented a memorandum f rom the Director of Public Works concerning paving district policies with resp ct to alleys and truck routes . Gary Diede, Director of Engineering Services, appeared before Council and answered their questions co ncerning the memo-randum . A 1 ngthly di scussion ensued on the need for a compre- hensive and definitive policy for paving districts. The Council felt it was necessary to discuss the various determining factors at a retreat. COUNCILMAN CLAYTON MOVED THAT THE STAFF PREPARE FOR COUNCIL IN WRITTEN FORM THE POLICIES USED FOR THE BASIS OF FORM- ING PAVING DISTRICTS. Motion died for lack of a second. * * * * * * • ) I • • ( • June 5, 1978 Page 9 • • City Manager McCown presented a memorandum from the Dir ecto r of Engineering Services concerning an extension of an agreement between the State Department of Highways and the City on the Dartmouth Avenue-Delaware to Lincoln Project . COUNCILMAN WILLIAMS MOVED TO APPROVE THE AGREEMENT BETWEEN THE STATE DEPARTMENT OF HIGHWAYS AND THE CITY OF ENGLEWOOD . Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Cou nc il Members Weber, Smith, Harper, Clayton, Williams, Mann, Taylor. None. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCIL MEMBER WEBER BY AUTHORITY ORDINANCE NO. 11, SERIES OF 1978 AN ORDINANCE AUTHORI ZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO . 25, FOR THE CONSTRUCTION AND INSTALLATION OF STREET AND ALLEY PAVING, CURB AN D GUTTER AND SIDEWALK IMPROVEMENTS, IN SAID DISTRICT; PRE- SCRIBING THE FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTERES T THEREON . COUNCILMAN vJEBER MOVED TO PASS ORDINANCE NO. 11, SERIES OF 1978 ON FINAL READING. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper , Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 12, SERIES OF 1978 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING • I • Jun e S, 1978 Pag e 10 ,. • • • MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWA YS WITHIN THE CITY OF ENGLEWOOD . COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO . 12, SERIES OF 1978 ON FINAL READING. Councilman Weber second ed the motion . Upon a call of the roll, t h e vote resulted as follows: Ayes: Nays: Council Member s We b e r , Sm ith, Harpe r, Clayton, Ma nn , Williams, Taylor . None . The Mayor declared th mot i o n ca r r i e d . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WIL LIAMS BY AUTHORITY ORDINANCE NO . 13, SERIES OF 1978 AN ORDINANC E RE ZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD, FROM R-1-C, RESIDENTIAL DISTRICT, TO I -1, LIGHT INDUSTRIAL DISTR I CT, RECITING A \JAIVER AND IMPOSING CONDITIONS THEREON; AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH; AND PROVIDING FOR THE RECORDING OF THI S ORDINANCE. COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 13, SERIES OF 1978 ON FIRST READING WITH THE FOLLOWING AMENDMENTS: l . THE ADDED LEGAL DESCR IPTION UN DER SECTION l . CHANGE OF ZO NE CLASSIFICATION. 2 . THE WORDING BE CHANGED TO REDUCE THE 40 FEET TO 25 FEET AND ADD THE NEED FOR ENGINEER 'S APPROVAL UNDER SECTION 3c. THE PARAGRAPH WOULD READ: "THERE SHALL BE A MINIMUM SET BACK OF 25 FEn FROM THE CENTERLINE OF THE CITY DITCH, AND 25 FEET FROM THE WEST PROPERTY LINE OF LOT 43, BELL ISLE GARDENS, ARAPAHOE COUNTY, COLORADO, WHICH- EVER IS FURTHEREST WEST, OR SUCH FURTHER DISTANCES WHICH MAY BE DETERMINED BY THE CITY ENGINEER AND FIRE DEPARTMENT BUT IN NO EVENT LESS THAN THE SAID 25 FEET TO THE WALL OF ANY BUILDING LOCATED ON THE EAST ONE-HALF OF THE SUBJECT PROPERTY." Councilma n Smith seconded the motion. Upon a call of the roll, the vot e result e d a s follows: • I • • ( • June 5, 1978 Page ll Ayes: Nays: • • .. Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. No n e. The Mayo r declared the motion carried. * * * * * * City Attorney Berardini info rm ed the Council that the next item on the agenda is a bill for an ordinance authorizin g the sale and conveyance of a building located at 3333 South Lincoln . City Attorney Berardini stated the federal government has still not approved the method of payment. COUNCILMAN Cl.AYTON MOVED THE MATTER BE POSTPONED UNTIL THE METHOD OF FINANCING HAS BEEN APPROVED. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 44, SERIES OF 1978 A RESOLUTION ESTABLISHING THE POSITION OF COURT ADMINISTRATOR AT GRADE 7. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 44, SERIES OF 1978. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 45, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET . • ) I • • • • • • June 5, 1978 Page 12 City Manager McCown stated this reso lution app ropr iates the $3,500 Council decided to contribute to t he Lions Club to assist in the repairs of the train track at Belleview Park. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 45, SERIES OF 1978 . Co un cilman Har per seco nd ed the motion . Upon a ca ll of the roll, the vote resulted as follows : Ayes: Nays: Council Members Weber, Smith, Harp er, Clayton, Mann, Williams , Taylor . None . Th e Mayor declared the motion carried . * * * * * * Assistant City Manager Cu r nes presented a memorandum from the Director of Finance concerning the awa rd of bids fo r the Sinclair Pool Bathhouse . Assistant City Manager Curnes stated the staff is recomme nding Alternative l whereby Counci l acce pts the bid from Butler Construction Company in the total amo unt of $109,605 contingent upon the decisio n to appropr i ate an addi - tional $11,855 to the current budget of $120,000 i ncr easing the total budget to $131,855 . COUNCILMAN SMITH MOVED TO ACCEPT THE STAFF 'S RECOM- MENDATIO N TO DO ALTERNATIVE lAND TAKE THE $11,855 FROM THE $21,000 RECEI VED FROM THE CI TY OF LITTLETON . Councilman Cl ayton seconded the motion. Upon a call of the r oll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor . None . The Mayor d~clared the motion carried . * * * * * * City Manager McCown presented the matter of the Fire De-partment re-organization. COUNCILMAN CLAYTON MOVED THAT THE MATTER OF THE FIRE DE- PARTMENT RE-ORGANIZATION BE TABLED UNTIL A LATER DATE TO BE DECIDED UPON BY COUNCIL . Motion died for lack of a second . hearing. Councilman Mann requested the matter go before a public • I • • ( • Jun e 5, 1978 Page 13 •' • • .. COUNCILMAN SMITH MOVED TO POSTPONE THE MATTER OF THE FIRE DEPARTMENT RE-ORGANIZATION UNTIL JULY 3, 1978. Councilman Weber seconded the motion . Councilman Smith stated he was against having a public h ea ring because the decision was basically administrative . Council - man Smith stated he was in favor of having a public presentation instead . Councilman Weber stated he felt the problem was inter- departmental and suggested that Council direct the City Manager to get together with the Fire Ch ief and resolve the situation . COUNCILMAN WILLIAMS MOVED TO TABLE THIS MATTER UNTIL COUNCIL CAN REVIEW THE ITEMS INVOLVED. Motion died for lack of a second . COUNCILMAN MANN MOVED TO ALLOW MAURICE MERLIN TO SPEAK TO COUNCIL ON THE MATTER BEFORE THEM . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as fol lows: Ayes: Nays: Council Members Weber, Smith, Harpe r , Clayton, Ma nn, Williams, Taylor . Non e . The Mayor declared the motion carried . * * * * * * Maurice Merlin , 3688 South Sh erman , appeared before Council and stated the Council meeti n g minutes dating back to 1974 should reflect the impact t h e citi zens had in influencing Council to enlarge the fire force . Mr . Merlin opposed the idea t hat the problem should be resolved internally and stressed the importance of citizen input . * * * * * * City Manager McCown spoke against conducting a public hearing . City Manager McCown warned agai nst the possibility of th e hearing pitting a su p erviso r against some of his staff or vice v e rs a and creating an untoward work atmosphere. In response to Mayor Taylor's qu estion , City Manager McCown stated the whole picture of the proposal was presented to Council because he felt it was esse ntial to the understand- ing of the certain parts upon which Council would make decisions . * * * * * * • I • • • Jun e 5 , 1978 Pag e 14 • .. Councilman Mann commended the City Manager for bring- ing the matter before Council reciting the events o f a past issue concerning the Polic Department. * * * * * * Councilman Harper commended both the City Manager the Fire Chief for the r e port. Councilman Ha rp e r stated he preferred to hav e more information in the form of c iti z en input as well as staff inpu t prior to making a decision . * * * * * * COUNCILMAN SMITH MOVED TO POSTPONE THE FIRE DEPARTMENT RE-ORGANIZATION MATTER UNTIL JULY 3, 1978. Councilman Weber seco nd e d the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayt on, Mann, Williams, Taylor. None . The Mayor declared the motion carried . * ~ * * * * Councilman Clayton suggested that the Fire Department re -org ani z ation b e made a discussion item at the Mayor's Coffees and th e Town Meeting in the month of June . * * * * * * Th e Council decided to discuss th e Fire Department re - o rgani z ation proposal at the June 12th study session commencing at 5 :00 p .m. * * * * * * COUNCILMAN SMITH MOV ED TO APPOINT R. N. HARRINGTON TO FI LL THE VACANCY ON THE EMPLOYEES' RETIREMENT BOARD. Councilman Ma nn se conded the motion. Upon a call of the roll, the vote re sul te d as follows : Ayes : Nays : Council Memb e rs Weber, Smith, Ha rper, Clayton, Mann, Williams, Taylor. None. Th e Ma yor d e clared t h e motion c a rr ied. * * * * * * • I • • - • • • • - June 5, 1978 Page 15 PLACE GAME . roll, COUNCILMAN MANN MOVED THAT THE COUNCIL CHALLENGE THE LAST TEAM OF THE ENGLEWOOD WOMEN 'S SOFTBALL LEAGUE TO A SOFTBALL Councilman We ber seconded the motion. Upon a c all of the the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper , Clayton, Mann, Williams, Taylor . None. The Mayor declared the motion carried . * * * * * * Councilma n Clayton requested the staff to begin building a file on the locat ion of West Belleview and South Bannock at the K-Mart Store for the purposes of re-negotiating with the State Departmen t the n eed of a traffic light. * * * * * * Councilman Smith requested the City Manager obtain an item by item comm ent from the Firefighters Association on the r e -organization proposal . * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Coun ci lm an Weber seconded the motion. Upon a c a ll of the roll , the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None . The Mayor declared the motion carried and adjourned the meeting at 11 :00 p.m . • I • • ·. .. • • - RESOLUTION NO. A RESOLUTION AUTHORIZING THE PUB LICAT ION OF NOTICE OF SALE OF GENERAL OB LIGAT ION REFUNDING WATER BONDS, SERIES 1978, OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, IN THE PRINCIPAL AMOUNT 0~ $8,455,000, DATED AUGUST 1, 1978. WHEREAS, the City of Englewood, Arapahoe County, COlorado (the "City") has previously issued $4,100,000 of its General Obligation Refunding Water Bonds, Series 1975, dated April 1, 1975, and $6,700,000 of its General Obligation Water Improveaoent Bonds, dated February 1, 1978; and WHEREAS, the City deems it necessary and desirable that said 1975 Issue, outstanding in the amount of $2,610,000, and said 1978 Issue, outstanding in the full amount, be refunded by the issuance of General Obligation Refunding Water Bonds, Series 1978, dated August 1, 1978, in the principal amount of $8,455,000; and WHEREAS, the City COuncil bas determined and hereby determines that it is advantageous and favorable to the City to refund said outstanding 1975 and 1978 Issues; and WHEREAS, the Cbarter of said City requires that it is necessary to provide for the public sale of the bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIJ)ICIL OF THE CITY OF ENGLEWOOD: 1. That Notice of Sale of General Obligation Refunding Water Bonds, Series 1978 , in the principal amount of $8,455,000, shall be published one time in The Englewood Herald-Sentinel, a newspaper having general circu.lation in the City of Englewood. at least five days prior the date o f sale. 2. Th~ Notice of Sale shall be in substantially the following form: -2- • • I ' .. .. · • I . / • • • • NOTICE OF SALE of GENERAL OBLIGATION REFUNDING \YATER BONDS, SERIES 1978 IN THE AMOUNT OF $8,455,000 of the CITY OF ENGLEI'IOOD, ARAPAHO E COUNTY, COLORADO Selling: MONDAY, JULY 3, 1978, 2:00 P.M., N.D.S.T. The Director of Finance of the City of Englewood, Colorado will receive sealed bids at the office of the Director of Finance, City of Englewood, Municipal Building, 3400 South Elati, Englewood, Colorado 80110, until 2:00 P.H., }I.D.S.T., on Monday, July l, 19n, for the purchase of General Obligation Refunding l'late:e Bonda, Seriea 1978, of the City, dated August 1, 1978, in the principal amount of $8,455,000. The bonds shall be in the denomination of $5,000 each; ahall bear interest at the rate of six percentum (6\) per annum payable on August 1, 1979, and semiannually thereafter on the 1st day o£ February and. the first day of August eacb year; sb&ll bear intereet; and shall mature serially on August 1, as follawa: ~ $545,000 605,000 640,000 670,000 710,000 545,000 245,000 260,000 275,000 300,000 315,000 345,000 365,000 395,000 420,000 445,000 48 5 ,000 515 ,000 375,000 Maturity 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 19 89 1990 1991 1992 1993 1994 1995 1996 1997 Bonds of this Series maturing o n or after August 1, 1988, shall be redeemable at the option of the City, in inverse numerical order, on Au gust 1, 1 987, and on any interest payment date there- after, upon payment of par and accrued interest. These bonds are being issued for the purpose of refunding the City 's $2,610 ,000 outstanding General Obligation Refunding -3- • ,. . ' I • • • • - Water Bonds, Series 1975, dated April 1, 1975, and $6,700,000 outstandinq General Obliqation Water Irnprovenent Bonds, dated February 1, 1978, pursuant to the Charter of the City. Principal and interest will be payable at The First National Bank of Englewood, Englewood, Colorado~ These banda, in the opinion o f bond counsel , are legal and binding obligations of the City of Enqlewood, payable from qeneral ad valorem tazea on all taxable pr o~erty in the City without limitation as to rate or amount, and from the net revenues of the water system of the Ci ty. A cashier's check or certified check drawn on a bank or trust company, payable to the City o f Enqlewood, Colorado, in the amount o f $150,000 must accompany each bid. The check of the s uccessful bidder wi~ be retained by the City as liquidated damaqes in the event the bonds are not taken-up and paid for in accordance with the bid . Checks of unsuccessful bidders will be returned immediately. The City reserves the right to alter the interest rate on these bonds, to a rate di fferent that hereinabove stated, five days prior to the sale. The bonds will be awarded on the basis o f the bid desiqnatinq the hiqhest amount o f premium above par. No "B" coupons shall be allowed, nor shall discount bids be considered .. CUSIP numbers will be provided for these bonds at the request and expense of the successful bidder. The City will not be responsible f or errors i n such numbers. The bonds will be awarded to the bidder naminq the lowest n e t i nterest cost to the City , based on the full par amount of $8 ,4 55 ,000 as advertised. The net interest cost is defin e d to be the total amount of interest to accrue from the date of issue to the date of maturity, without regard to prior redemption provisions, less the total amount of cash premium bid~ The premium must be paid in cash as a part of the purchase price~ The printed bonds, a certified transcript of leqal pro- ceedings , and the approving opini on of Messrs. Tallmadge , Tallmadge , \-lallace ' Hahn, 1\ttorneys at Law , Denver , Colorado, will b e furnished at no expense to the purchaser of said bonds. The City reserves the right to waive any defect or irregu- larity in any b i d , and the riqht to reject any and all bids for the purchas e o f sa id bonds . Additional information concerning the City and this issue -4- • ,. I • • • • .. - can be obtained from Mr. William o. James, Director of Finance . Municipal Building, 3400 South Elati Street, Englewood , Colorado 80110, or from Hanifen, Imhoff & Samford, Inc., 624 Seven~th Street, Denver, Colorado 80202, the financial consultant to the City. BY ORDER OF THE CITY COUNCIL this 19th day o~ June, 1978. /s/ \Vi lliam D. James Director of Finance city of Englewood, Colorado -5- \. I . ,-___ _..., -• • • 3. In addition to the publication of the Notice of Sale, the Director of Finance and Hanifen, ~off and Sam£ord, Inc., the financial advisor to the City, are authorized to forward a copy of said Notice of Sale to investment banking firms, banks and ot.bers who may be interested in bidding on the bonds. RESOLUTION ADOPTED AND APPROVED this 19th day of June, 1978. (SEAL) ATTEST: D~rector of Finance, ex-officio City Clerk and Treasurer Hayor -6- • '. I . • • • - NOTICE OF S.;LE of GCNERAL OIJLIG!,TI0:-1 PJ.:!'U :mr:JG \lATER IJO~JDS , S ERIES 1978 IN THE AMOUNT OF $8,4 ,000 o f t he CITY OF C 'GLC\1000 , ll!lAPMIO E COUNTY , COLOllADO Selling: 10:-IDAY, JULY 3 , 1 97 8 , 2 :00 P.N., N .D.S .T . The Director of Finance of the Ci y of Englewood, Colorado will receive sealed bids at the o ff ice of the Uirector of Fi n ance , City of Engl ewood , 11unicipal Building, 3400 South Elati, Englewood , Colorado 80110 , until 2:00P.M., M.D .S.T., o n Nonday, July 3 , 1978, fo r the purchase of General Obligation Ref unding \Vater Bonds, Series 1978, o f the City, dated Aug ust l, 1 978 , in the principal amount of $8 ,4 ,000. The bonds shall be in the denomination of $5,000 each; shall bear interest at the rate o f six percentum (6 \) per annum payable on August 1 , 1979 , and semiannual ly thereafter on the 1 st day of February and the first day of August each year; shall bear interest and shall mature serially o n August l, as follows: $ ~ llaturit:z: 19 79 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1 992 1993 1994 1995 1996 1997 1998 Bonds of this Series maturing on or after Au gus t 1 , 1988, shall be redee~able at the option of lhe City, in inverse numerical orde r, on August l, 1987, and on any interest paYMent date there- after , upon pa~ent of par and accrued i nterest . These bonds arc being issued for the purpose of refunding the City 's $3,010,0 00 out sta n d~nq Generdl Obligat~on Refunding • I • ' r • • • .. • \·J ·tle r f\onds , St!ries 197 5 , d.J.tcd :·\:Jri l l , 19 75 , and $6,700 ,000 outs ancling General Oblic;ution \Va .. _cr Ir;:>ro\·emen t Bond s , Series 1 478 , d .Jted February 1 , 1978 , p-..1~5 .:tnt to the Charte r of the City4 Princip~l and 1ntcrcst wi ll b e payable a t t he First Nationa l Bank of Englewood , Eng lcwood , Colorado . J.'hcse b o :1 ds , in the opinion of bond couns el , arc lcqal and binding ob l ig ations of the Ci ty o f I:nglewood , pa:,;ablc from gene ral ad v.1lorcr.~. taxes on all taxable proper ty in the City without limitation a s to rate or amount , and from he net r evenues of the \Yater system of the City. A cashier's check or cer tified check drawn on a bank or tru st company, p a yable lo lhe City of Lng lcwood , Colorado, in the amount of $150 ,000 mus t acconpany each bid . The check of the successful bidder wi ll be r eta ine d by the City a s liquidated damages in the event the bonds arc no t taken-up and paid for in accordance with the bid. Checks o[ unsuccessful bidders wi l~ be returned immediately. The interest rates on these bonds will be f ixed by the City five days prior to the sale . the bonds will be awarded on t h e basis of the bid designa tin g the highes t amount of premium abo ve par . No •a• coupons shall be allowed, nor s hall discount bids be considered. CUSIP numbers >~ill be p rovided for these bonds at t h e request and expense of the successful bidder. The City w ill not be responsible for errors in such numbers. The bonds will b e awarded to the bidder naming the lowest net i nterest cost to the City, based on the full par amount of $8,4 ,000 as advertised. The net interest cost ls defined to be the total amount of interest t o accrue f rom the date of issue to the date of ~aturlty, without regard to prior redemption provisions, less the total amount of cash premium bid. The premium must be paid in c ash as a part of the purchase pr~ce. The pr inted bonds , a certif ied transcr ipt of legal pro- ceedings. and the approving opinion of Messrs. Tallmadqe, TallMadge, Wallace & Hahn , Attorneys at Law , Denve r, Co lorado, will be furnished at no expense o th e purchaser of said bonds. The City reserves th e r ight to waive any d efect or irregu- la rity in any bid, and the right to reject an y and all bids for t h e purchase o( fiDid bonds . Additional info~ation concerning the City and this i s sue • I • • - ' • • r • • • • can be obtaint:t! from Mr. \·Jilliam D. James, Director of Finance, tlunicipal /~~~lding, 3400 South Clati Street, Engl ewood , Colorado 80110;/';r from Hanifen , Inhoff & Sanford , Inc., 624 Seventeenth s;pr~t, Denver, Colorado 80202, the financial con s ultant to t he ...:ity~ BY ORDER OF TilE CITY COUNCIL t his ---day of June, 1978. Is/ \·Jilliam D. James D~rect or o f Finance City of Englewood, Colorado • I • • • • • ,. - M E M 0 R A N D U M TO: Andy McCown, City Manager FR OM : William D. James, Director of Finance DATE: June 16, 1978 SU BJECT : Nor th Central Storm Drainag e Projec t Phase III Sealed bids were received by the office of the Director of Finance (Purchasing) on June 15, 1978, for the construction of the North Central Storm Dr ainage Project Phase III. A total of seven (7) bid s were received (s ee atta ched report). Watts Bros. Inc. submitted th e l ow bid in the amount of $522,838.60. Sellards and Griggs, Inc ., the City's consult- ing engineering firm, have reviewed the bid from Watts Bros. Inc. and could find no deviation from the specifications and contract docum e nts. The total estimated construction cost and design cost for the project ar e : Construction Cost (Bid) Cons truction Contingencies (2 1/2%) Design & Engineering Fees $ 522 ,839 15,000 ~J..&l Total Pro ject Cost Total Project Budget $ 566 ,000 465 000 Over budget $ 101,000 Additional monies are going to be required to complete the pro- ject. We feel there are revenue sources available to the City at this time as per the following: $ 9,000 $20,000 $ 5,000 Re maining balance from Littleton for interceptor line . Delay City Surrey budgeted for in 1978. Lehow Bridge -State Highway Committee is granting an additional $25,000 for this project which will reduce the City's share by $5,000 • • I • • • ~er • • - r o f Finance >:oject Phase III .. Director of construction e III. A •d report). 't of co nsult- ~ Bros . 'S and J 0 161 566,00 0 _ ~65_Jl_OQ $ 101,000 ~ed to complete the pro- ~es available to the City :::iources ~n g bdl a n c from Littleton for t: ep tor l i ne. Delay City Surrey budgeted for in 197 8. Lehow Bridge -State Highway Committ ee is granting an additional $25,000 for this project which will reduce the City's share by $5,000. • I • • • • CORRECTION THE PRECEDtivG DOCUMENT OR ELANK FRAME HAS EEE:'I REMICROFILMED TO ASSURE LEGIEILJTY AND ITS IMAGE APP!EARS IMMEIJIA lcL Y HEREAFTER. • I . . • • ,. • Andy McC own , City Manager North Central Storm Drainage Project Phase I II June 16, 1978 Page 2 $47 ,000 $20 ,000 Total $l_Qb_O OO Use Tax -the City has received an addi- tional $47 ,000 in Use Tax revenues for fir st five months above the projected budget for the same period. General Storm Drainage has a balance of $27 ,000 remaini ng for any miscellaneous expens es that might be incurred. We feel that this account can be reduced to $7,000 and $20,000 can b e us e d for North Central III. We recommend the bid award be made to Wat ts Bros. Inc. in the total amount of $522 ,838.60 fo r the construction of the Nor th Central Storm Drainage Project Phase III and to amend the six quarter budget as per above "revenue sources". The new six quarter budget will be present e d to City Council July 3, 1978 . W~e~---- Director of Finance ~J-:d,,c_d/ ~~ c-~~~ "furs Waggoner (7(7 ---- Director of Public Works I j lw • I • • - ( ' • • • • U.c f M E M 0 R A N D U M TO: Andy McCown, City Manager FROM: William D. James, Dir ector o f Fin a nce DATE: June 16, 19 78 SU BJE CT: North Ce n tra l S t o r m Drainage P roject Phase III Sealed b ids we r e received by the office of the Director of Finan ce (Pur chasing) on June 15, 1978, for t he construction of the Nor t h Central Storm Drainage Project Phase III . A total of seven (7) bids were received (see attached report). Watts Bros . I nc . submitted the low bid in the am oun t of $522,838 .6 0 . Sellards and Griggs, Inc ., the City 's consult- ing engineerin g firm, have reviewed the bid f r om Watts Bros. Inc . and co u l d find no deviation from the specifications and con t r act docum e nt s . The tota l estimated construction cost and design c ost f or t h e proje c t a r e: Co n struction Cost (Bid) Const r uction Contingencies (2 l/2%) Design & Engineering Fees $ 522 ,839 15 ,000 ~_lg Total Project Cost Total Project Budget $ 566,000 _ ~65 ,O_Q_Q Over budg et $ 101 ,0 00 Additional monies are going to be required to complete the pro- ject. We feel there are revenue sources available t o the City at this time as per the following : $ 9,000 $20,000 $ 5,000 Revenue Sources - -- R maining balance from Littleton for interceptor line. Delay City Surrey budgeted for in 1978. Lehow Bridge -State Highway Co mm ittee is granting an additional $25,000 for this project wh ich will reduce t h e City's share by $5,000 . • I • • • • • • Andy McCown, City Ma n ager North Central S t orm Dr aina g e Project Phase III June 16, 19 78 Page 2 $47 ,000 $20 ,000 Total §101,000 Use Tax -t h e City has received an addi- tional $47 ,000 i n Use Tax revenues for first f ive months above the projected budge t f or the sam e period. Genera l Storm Drainage has a balance of $27 ,000 r emain ing f or any miscellaneous e xpens e s that might be incurred. We f eel that th i s account can be reduced to $7,000 and $20 ,000 can be used for North Central III. We recommend the bid award be made to Watts Bros. Inc. in the total amount of $52 2,838.60 f or the construction of the Nor t h Ce ntral St orm Dr aina ge Pro ject Phase III and to amend th e six quarter bud ge t a s p e r a bove "revenue sources". The new s i x quart e r bud ge t will be presented to City Council Ju l y 3, 1978 • . ~.J-:L~.a/ ~'~r~_zt._(__~-Ktr~ Waggoner · c7 Direc tor of Public Works I jlw • I • • ( CONSULTING ENGINEERS • • - SELLARDS & GRIGG, INC. Cottonwood Plaza 1745 Wnl 141h Avenue Lek-ood, Color-10215 (303) 231-6411 June 16, 1978 Members of the City Council ' City of Englewood 3400 South Elati St. Englewood, Colorado 80110 Dear Council Members: Re: North Central Englewood Basin, Phase III, Storm Drainage Project S & G No. 75006-43 Bids were received on the North Central Englewood Basin, Phase III pro- ject on June 15, 1978. We have reviewed the bids and feel they are all in order. Though none of the bidders were below the engineer's estimate, we feel the low bidder gave the City an excellent bid since they exceeded the estimate by only three percent. The spread in the prices of all the bidders reflects the fact there is a lot of work bid- ding this year. It is our recommendation to the City Council that you award the contract for the base bid and option number one to the low bidder, Wa~ts Bros., 'Inc. for their bid prices. We have never had the opportunity to work with Watts Bros, Inc. before so I have made some check of their qualifications. Their bonding com- pany, United States Fidelity and Guarantee Company, says they can easily bond this project. Their three most recent jobs have been of similar size in the $500,000 to $80~ 000 range. They have done work all over the metro area. I checked with Denver Wastewater Control and Mr. Lloyd Chris- tenson recommended them very highly. He said on their projects, Watts Bros. have been very cooperative and have done work of excellent q uality and he thought we could expect the same o n this Englewood p ro j ect. Watts Bro s ., I n c . mainta i ns their o ffice at 12 00 W. Leh igh Ave nue , Eng l e - wood , Colorado . We look forward to another successful storm drainage project for the City of Englewood which s hou ld complete the drainage collection system north of Little Dry Creek within t h e City. 'AY/kd .;c: K. vlaggoner • Very truly you rs , Sel l ards & Grigg , Inc. ~y !t;;o Vice-Presiden t I • • • - -~ CONSULTING ENGINEERS • • • SELLARDS & GRIGG, INC. Cottonwood Piau Lak-ood, Colorado 10215 BID SUMMARY 1745 W~>SI 14th A .. nue (303) 231-6411 .... Project: Owner: North Central Englewood Basin Storm Drainage Project, Phase III ' City of Englewood, Colorado Engineer: Bid Date: Sellards & Grigg, Inc., Lakewood, Colorado 11:00 A.M. M.D.T., June 15, 1978 S & G No.: 75006-43 Bidder Base Bid Option I ----Engineer's Estimate $501,825.00 $6,000.00 1. Watts Bros., Inc. $519,838.60 $3,000.00 2. Alder Trucking Inc. $567,906.40 $3,900.00 3. Proto Construction & Paving $639,068.05 $8,700.00 4. H.W. Siddle, Inc. $643,700.00 $7,500.00 ~ -· Pascal Construction Co. $651,328.50 $5,000.00 6. Schmidt-Tiago Construction $682,666.25 $9,000.00 7. Shawnee Construction Inc. $899,669.00 $5,000.00 • • Total Bid ----- $507,825.00 $522,838.60 $571,806.40 $647,768.05 $651,200.00 $656,328.50 $691,666.25 $904,669.00 I • • • • - MEMORANDUM TO: Mayor and Members of City Council FROM : Andy McCown, City Manager DATE: June 14, 1978 SUBJECT: DOWNTO\.JN DEVELOPMENT AU THORITY To recap for yo u, last Monday night a meeting was held with a group of Englewood businessmen in which it was recommended that an ordinance be passed by Council authorizing an elec tion to cre ate a Down town Development Authority. The Co un cil directed this committee to ge t toge ther with the Downtown Study Committee that has been working with the Planning and Zoning Commission on the comprehensive plan and to come up with the basic elements for such an ordinance . As I understand the discussion, there are three principal elements that will have to be considered by the committee : 1. Boundaries of the Distri c t; 2 . Nill Levy (cannot exceed five mills); 3 . Date for election. We feel very strongly, also, that the staff, primarily Communi ty Develop- ment and Financ e , should work closely with the committee in order to pro- vide the necessary information for decision-making. In order to formalize Council's direction, I recommend that the following wording, or som thing similar, be put into motion f orm at you r next meet- ing: "Nove that the Downtown Review Committee and the Downtown Merchants Committee convene jointly as an Ad Hoc Committee to prepare and recommend to Council th e basic elemen t s for an ordinance calling for an election to establish a Downtown Development Authority in accordanc with the provisions of H.B. 1152, as amended . Further, we direct the City Manager to make available to the Committee appropriate staff personnel and any other necessary resources of the City , as he may determine is needed." Sincerely, I / 1'. /J / )J.,,f ')_// t· ( ' . NDY ~cCOWN City'Manager ph cc: Jimmv E. Curnes, Assistant City Manager B. V. Ber rdini, City Attorney Richard Wanush, Director of Community Development I • • • • • .. ENGLEWOOD PUBLIC LIBRARY BOARD MINUTES Special Meeting J un e 6, 1978 The Englewood Public Library Board met for a special me eting on June 6, 1978, in Conference Room B of City Hall. Present: Bennett, Busch, Clayton, Cloughesy, Lighthall, Mueller, Shattuck, and Sterling. Absent: Beaver. Guests: Ray Leonard, Gaylord Bros., Inc., Stockton, CA . John McArdle, Gaylord Bros ., Inc., Syracus e , NY. Also Present: Bill James, City Clerk Harriet Lute, Director of Libraries Eileen Browne, Recording Secretary This special meeting was called in order to accomodate the two representatives from Gaylord Brothers, Inc., who were coming in from different points of the country to present the Gaylord proposal on their automated circulation system . The presentation given by Messrs: Leonard and McCartn ey is incorporated the results of the study done by Mr . Leonard on the Englewood Public Library in April of this year. At the conclusion of the presentation, Sue Mueller thanked the Gaylord representatives for their presentation and the amount of time spent during the qu es tion and answer period. A quorum was declared present and Sue Mueller, presiding, called the meeting to order at 9:45 p.m. Lois Lighthall made the motion that the Library Board request Bill James, within the limits of his duties and timetable, to look into the matte r of automated circulation systems for the Englewood Public Library and get back to the Board by July 5, at a special Board Me et ing if necessary. Paul Bus ch seconded; the motion carried unanimously. Lois Lighthall asked Miss lute if the Gaylord .system suited the Library's present and future needs? Miss Lute replied that to the best of h e r knowledge it would but as yet she had not seen the system in operation . She we nt on to say that among th e considerations was staff time savings. She repeated Mr . Leonard's comme nt, "the Englewood Public Library staff works more quickly and mor e efficiently than any of the other 14 libraries he had personally done studies on," and added that there are many days when the present staff had been pushed to the limits. Sh also stated that it is probably the only automated circulation syst m which a library of Englewood's size can afford . • I • • • • • Libra r y Board Minutes Page two ... The Director added that the co nsideration of any a utomated system had been delayed in the hopes that CCLS would decide on a unifie d system. It now looks a all th libraries 1n the System are going off in different directions. The longer the library puts off i nstalling a system, the more pressing will be the need for additional staf f . Harlan Shattuck, Jr ., asked Miss Lute if this was the system she want ed or were there other systems she would like to inves- tigate? The Director stated that th e other systems she had explored thus far were much more c ostly. She will get together with Bill James and delv e into the matter further and report back to the Board as soon as possible. Harlan Sha ttuck, Jr., mov ed to accept the m1nutes of the May 9, 1978 , meeting as reco rd e d; seconded by Margaret Cloughesy; the moti on ca rried. Oue to the lateness of the hour, Su e Hueller decided to postpone he r report on the extremely i nter es ting CLA Trustees and Citizens Division meeting until another time. Librallan's Rt>port: Tl;e circ ulati o n for the first five mo nths is up 4 % over last yc.1r d •spite the disrupt i o n from the expansion constructio n . Tot al borrowing by per sons outside of the city was 40,883 for th e first five months of th•• year. Another interes t ing thing about the ci rculation is that it is i n creas ing despite the drop-off in school-age children. In the Children's De partment th e r e 1s high interest i n the Vacation Readi n g Program . The Chi ldren's L1brarian and the Bookmobile Librarian ha d b een permitted to mak e their presen tat ions to many mor e individual classrooms than th ey had been in the past. M1ss Lut e distribut ed copleB of the Colorado State Library press release r ega rding the Governor's Conf,•rence o n Libraries. A special meeting o f the Library Board is tentativ ely scheduled f or July 5, 1978. There bein g no further bu s iness the meeting was adjourn ed at 10 :35 p.m . • I . , • • • ENG LEWOOD PARKS & RECREA TLON COMMISSION Minutes of j un e 8, 1978 The regular month ly meeting of th e E ng le \'.0 cxl Parks & Re creatio n Comm i ssion was called t o order at 7:40p.m. by Ruth Allen, chairman, in th e Parks & Recreation Office. Members prese nt: Allen, Howard, Weber , Harper, Hewitt and Roman s, ex - officio Me mber s absent: Also present: Cush ing and Poole Gary Havener, Assis tant Director Richard Tappl y, Assistant Director Members of Yo uth Council: Paul Sager, Sinclair Terri McCarth y, High School Shelly Kubilus, Clayton Corbin Wood ward , Maddox Teri Ramer, Sinclair Be th Williams, High Sc hool Larry C !oos, Flocxl Dan Corah, F locxl Brian Hall, Re creation lnte rn Assistant Dire ctor Tapply in trcxluced Bria n Ha ll, s tude nt a t Western State, who is serving his inte rn s hip in E nglewood this summer . The Youth Counc il members intrcxluced themselves, giving the school represented and a short report on the tour made of the parks/recreation facilities. Some of the suggestions/reques t s for recreation programs/facilities made by the yo uth council: bike trails; summer jazz and marching bands; summer soccer; summer canteens; gym na s tic s; play field and tennis courts at Bates-Logan Park; soccer field at Belleview Park; swim pool a t Flocxl; facilities at Emerson Park; s kate board bowl; pool at Cushin g Park; sign for Rotolo Park. They also suggested that the tour be held earlie r in the schoo l year when the s tudent s are not so involved. Director Romans said that as soon as the new cou ncil is appointed in the fall, the department will start getting them involved. Asst. Director Tapply aid he is con- • 0 I • • Parks & Recreation Commission Minutes of june 8, 197 8 Page -2- • • - sidering r ecomme nding t o t he Commission that members of the you th council be given d i scount cards which would e nable them to participate in recreation prog rams at are - duc ed fee. The purpose of thi s is to e nc o urage th e members to participa te in the pro - g rams so they would be a ble t o be tter comment on the activities . Chairma n Alle n tha nked the youth council for their t ime and effort s . Hewitt moved, Howard second ed, that the minutes of May 11, L 978 be approved as mailed . Motion carried . City Council has approved the amount of 540, 000 for the renovation of Miller Buildi ng and this should begin soon . Co uncil approve I the low bid of Bu t ler Co ns truction Company in the amount of $109,60 5 for the construction of the Si ncl air Ba thho u se facility . C ity crews will do the landscaping, construct th e parking lot and install the s prinkle r system. Additional fu nds for this project in the amount of S L 1, 855 are to come from the refunded monies of $2 1,000 recently s ubmitted by the C it y of Littleton for th e sewer right-of-w ay. The pos s ibility of the department acquiring th e use of Duncan Sc hool as a recrea tion facility is good. It will be necessary for the Ci t y Cou ncil to approve the fu ture use of the building a nd to budget for maintenance and insurance. Concerning the acoustic s problem at Malley ent r, Direc t or Romans reported that th e engineers have recommended placing panels on th e sides of the room which should take care of th e problem. The spec ifications are now out to those in this field for bids. The property on the east s id e of the Malley Ce nter (on G irard Avenue) has been sold and th e new owner has asked for access to the alley which is now being used by the Center. In onvcrsatwns with the owner, the city proposed to vacate the alley and • • I • • • . \ Parks & Recreatio n Commission Minutes of Jun e 8, 1978 Page -3 - .. • • • purcha se their half of the alley . The own e r agreed but asked $5.00 per aware foo t so the decis i o n t o vacate th e a lley and place a fence down th e middle wa made. This pro po s ition was made to the ow ne r of th e property la s t Monday and the cit y is now wait- ing for their reply. Mr . Romans remarked tha t th e Malle y Ce nte r needs more space than half of th e a lley for deliveries and tra sh pickup. The po ss ibility of conue t'''''' ... wa s discussed by th e Comm i ss ion. Assistant Director llavener reported that all of the sex! ha s now been laid at the Malley Ce nt er . The e le ction of officers wa s held for the ne w term . Jack Poo le was e lected chairman and Frances Howard wa s elected vice chairman by unanimous vo te . • Und er Commission choice , Mrs. Alle n recomme nd ed that an ho nor ary life membership to the E ngl e wood Municipal Golf Course be g ive n t o Paul Bl essing in recog- nition of his past work o n behalf of the golf course a nd th e city. The Commission thou g ht this s hould be done bu t also suggested that some crite ria be d r awn up for t his sort of honor so it would not be given out indiscriminately. Also, the Commiss ion felt that there should be some guideli nes for th e director to follow for allowing certain peopl e or groups to play on the Englewood course free of charge. Mrs. Iloward and Mr . Poole will serve on a committee to pre pare these guide lines. Cou ncilman Weber s aid that he has rece ived complaints abou t the food se rved for lunch at th e Malley Center . This is a Volunteers of America program. Assistant Director Tapply will follow up these complaints. Commiss ion members were urged to eat at t he Ce nter o the can judge for th emselves . • Councilman Weber sa id that h has also rece ived complaints that th e r e is a clique forming at th e Malley Ce nter that mak s new people feel very uncomfortable . • • I • • Parks & Recre ation Commission Minutes of june 8, 1978 Page -4 - • • • Also, that Englewood residents have been unable t o enroll for ome of th e programs ,. being offered a t the Ce nt er because there is not enough room and th ey feel E nglewood residents should have priority in registering for these classes . Mr. Tapply sa id he would look into th ese problems also. lt wa s s ugges ted tha t litter bag s be furnished golfers at the E ngl ewood Go lf Course so maybe the t rash would not be th rown around on the course. The sugges tion was also made that a halfway house be cons truc t ed at the course to be used in case of s torms. The qu estion of whether to have a july mee ting wa s discussed. Direc tor Rom a ns sa id he would look at th e agenda and if he thought it necessary a meet i ng in july would be sc hed uled . Mrs. Howard said she would like to host the Augus t meeting at her home . Councilma n Weber would like t o host the August meet ing . 45 The meet ing adjourned at 9:30 p.m. ~~K~ Edith E . Romans, Recording Secretary • I • • • • - Portion of Year to Date 42% DEPARTMENT OF FINANCE 4 c EXPENDITURES TO 1978 BUDGET GENERAL FUND Through May 31, 1978 Last Last Annual Current Year to Date % of Year Year Budget Ex2enditures Ex2enditures Budget to Date _L_ Legislation & Council: City Council $ 95,074 $ 8,285 $ 69,101 73 $ 68,219 82 Board of Adjustment 3,351 213 1,09 3 33 1,193 36 Career Service 3,154 1,604 2 , 770 88 867 22 Planning & Zoning 4,912 1,096 3,061 62 1,738 35 Library 3,112 1,341 2,4 03 77 480 14 City Attorney 151,818 9, 725 62,106 41 4 7! 691 46 Sub-Total $ 261,421 $ 22,264 $ 140,534 54 $ 120,188 59 Administration: City Nanager $ 152,275 $ 11,853 $ 66,155 43 $ 60,123 42 Personnel 131,112 17 ,666 57 ,972 44 39,196 38 Treasury & Record 85,598 9,888 39 ,809 47 40,805 41 Municipal Court 143,162 11,514 47,914 33 37,508 45 ' Acc :>Unting 90,235 7,450 34,881 39 64,113 39 Data Processing 119,412 7,321 37,962 32 Revenue Division 122,526 10,532 50,573 41 46,100 41 Purchasing 199,549 9,510 5l,, 150 27 93,885 51 Sub-Total $1,043,869 $ 85,734 $ 389,416 37 $ 381,730 43 Public Works: Administration $ 50,849 $ 4,216 $ 20,882 41 $ Senior Surrey 43,987 3,601 17,466 40 18,498 47 En gineering 194,413 8,35 2 42 ,831 22 82,946 4 2 Streets & Drng. 876,318 57,226 336,893 38 321,009 39 Traffic Reg. 259 ,0 22 27,015 119,348 46 124,250 51 Bldg . Maintenance 284,707 24,529 118,897 !!.._~ 123,956 45 Sub-Total $1,709,296 $ 124,939 $ 656,317 38 $ 670,659 42 Fire Administration : I Suppression & Admin. $1,601,686 $ 149,081 $ 684.790 43 $ 704,484 44 • • Rescue Service 161,267 13,017 61,919 38 Volunteer 33,533 133 1 179 4 , Sub-Total $1,796 ,486 $ 162,231 $ 747,888 42 $ 704,484 • • • - • • Expenditures to 1978 Budget General Fund Through Ma:z: 31, 1978 e 2 Last Last Annual Current Year to Date 7. of Year Yea r Budget Expenditures Expenditu res Budget to Date _7._ Police: Police Dept. $1,975,950 $ 178,505 $ 797,194 40 $ 738,5 61 43 Communications 380,648 19,177 127,181 33 100,772 40 Animal Shelter 90,81 5 7 531 32! 951 36 26 ,452 27 Sub-Total $2,447,413 $ 205,213 $ 957,326 39 $ 865,785 42 Community Development: Code Enforcement $ 166,366 $ 13,818 $ 65,155 39 $ 68,057 39 Housing & Redevel. 78 ,096 5,674 33 ,872 43 21 '562 40 Plann i ng 146,258 12,891 59,148 40 53,173 41 Sub-Total $ 390,720 $ 32,383 $ 158,175 40 $ 142,792 40 *rary: $ 329,756 $ 28 ,299 $ 120,10 5 36 $ 109,461 36 Parks & Recreation: Senior Recreation Ce nter $ 90,000 $ 7,913 $ 34,493 38 $ Parks 734,664 55,372 310,0 29 42 278,550 44 Outdoor Swim Pool 40 ,127 3,0 9 6 7,673 19 8,477 21 Indoor Swim Pool 67,037 6,438 26,304 39 19 '114 3 0 Sports & Games 94,428 7 ,949 34 ,600 37 27,593 30 Cultural Activities 73,081 5,761 24,796 34 21,003 30 Playg r ounds 41,221 8 61 2,016 5 1 ,475 4 Softball 23,880 2,012 2,828 12 2,604 11 Zoo 8,692 981 1,011 12 1 00 1 General Operations 115,257 9,360 40,858 35 41 ' 844 33 Old Timers 28,213 1,873 7 0 27 12 __ 7,010 12 Sub-Total $1,316 ,600 $ 101,616 $ 491,635 37 $ 40 7,770 36 I • I • Total Expenditures: ~9,295,561 $ 762,679 $3,661,396 • (1 . • • • • • Portion of Ye a r to Date 42% DEPARTMENT OF FINANCE REALI ZATION OF BU DGETED REVENUES GENERAL FUND Through May 31, 1978 % of Last Last Budget <ad Current Year to Budget Year Year Rev e nu es Month Date Coll ec ted to Date _%_ Ta xes: Property Tax $ 865 ,696 $ 119,191 $ 376 ,001 43 $ 380 ,609 45 Specific Ownership 48,000 2,976 28,532 59 49 ,527 110 Sales Tax 5,607 ,0 57 441 ,353 2,576 ,9 13 46 2 ,248,941 44 Cigarette Tax 475,000 so. 54 0 219 ,286 46 159,907 35 Franchise Tax 533,508 13,033 152,987 208.490 ~ Sub-Total $7 ,529,261 $ 627,093 $3 ,353 ,719 45 $3 ,047 ,474 44 Licenses & Permits: Building Licenses $ 75 ,000 $ 3 ,937 $ 31,056 41 $ 24 .210 50 Business Licenses 65 ,0 00 2 ,534 40 ,114 62 39,362 54 Non-Business Lie. 85 Su b-Total $ 140 ,000 $ 6 ,471 $ 71 ,170 51 $ 63 ,657 53 Inter-Governmental Revenues: Federal Grants & Revenue Sharing $ 94,000 $ 1,831 $ 12,792 14 s 14,528 61 6tate Grants State-Shared Revenue 286,000 15.371 181,769 64 2,723 Arapahoe Bridge & Road 80,410 189,653 69 Sub-Total $ 460,410 $ 17 ,202 $ 194,561 42 $ 206,904 55 Charges fo r Services: Ge neral Government $ 329,128 $ 1,645 $ 70,147 24 $ 64,976 21 Public Safety 6,200 328 2 ,213 36 3,584 48 Hig hway & Stre~t 38,236 5 ,96 2 19 ,062 50 11,599 30 Animal Shelter 20,000 361 2 ,4 57 12 2 ,494 12 Sc hool District #1 10,000 Outdoor Swim Pool 15,493 Indoor Swim Pool 26,245 2,643 9,994 38 11,240 44 I Sports & Games 36,675 3,115 9,144 25 7,359 22 • • Cultural Activities 52,775 2 ,430 16,463 31 10.707 35 Playgrounds 1,500 9 467 31 226 27 • Softball 24 ,600 1,528 12,443 51 12,434 62 Zoo 2,600 170 170 7 Old Timers 18,300 6,762 8,262 45 7,235 44 Library Contract 34,000 15,607 46 9,006 26 Sub-Total $ 615,752 $ 24 ,953 $ 166,429 $ 140,860 25 • • • - • • Realization of Budgeted Revenu e s General Fund Th rough May 31, 1978 Page 2 % of La st Las t Bu dge t e d Current Ye ar to Bud ge t Year Yea r Reven ue s Mont h Da te Coll ec ted to Da t e _%_ Fine s & Forfeitures: Court Fines $ 9 8 ,0 00 $ 12 ,28 0 $ 63 ,196 6 4 $ 50,043 59 Lib r ary Fines 8,900 90 2 4 73 7 2l 3,9 43 4 7 Sub-Total $ 106 ,900 $ 13 ,182 $ 6 7, 93 3 64 $ 53 ,986 5 8 Miscellaneous: Joint Venture Tax Refunds $ $ $ $ 22 ,082 170 Interes t 25,000 6 ,8 80 28 14,123 56 Rentals 325 460 Gain on Sale of Assets Landfill 105 ,000 Other 16,136 3,053 12' 601 10 8 ,253 41 Su b-Total $ 146 ,136 $ 3,053 $ 19 ,80 6 14 $ 44,918 77 Total Re venu es: ~8 ,9 98,459 $ 691,954 p ,873,618 $3,557 .799 ~ II • • • • • • - • • Portion of Ye ar t o Da te 42 % DEP ARTMENT OF FINANCE REAL I ZATIO N OF BUDG ET ED REVENUES PUBL I C IMPR OVEMENT FUND Through May 31 , 197 8 % of Last Last Bud geted Curr e nt Year to Budget Year Year Rev e nues Month Date Co llected to Da te _%_ Taxes: Sales Tax $ 44 0,000 $ 45,619 $ 22 1,770 50 $ 174,285 42 Admissions Tax 25,000 1,463 8 ,336 33 3,563 8 Sub-Total $ 465,000 $ 47 ,082 23 0,106 49 $ 177,848 38 Intergovernmental Rev e nue: Revenue Sharing & Federal Grant $ 6 55 ,000 $ $ 169,172 22 ate Grant ~t ate -S hared Rev e nue 94,000 Sub-To tal $ 655 ,000 $ $ $ 26 3 ,1 72 34 Misce l laneou s : In ter es t $ 8 ,000 $ $ 351 4 $ 9,43 9 94 Co n tribu t ions Other 36,500 21,906 22,350 61 {4 ,0 78) Su b-Total $ 124 ,500 $ 21,906 $ 22 ,701 18 $ 5,361 5 Total Revenues : ~1 ,244 ,500 ~ 68,988 ~ 252 ,807 20 ~ 446,381 33 I . • • - Reali zation of Budgeted Reven ues Public Improvement Fund Through May 31 , 1978 n 2 Storm Drainage: General City Survey Paving District 1124 Paving District 1125 Traffic Improvements Zuni Street Overlay Program Parks: Belleview Storm Repair ~e rson Mi ni Park nand ica pped Play App a r at us Sinclair Bath House River Re developmen t Senior Center Land Acquisition Library Expansion Land Purchase Near Elderly Housing Site Cumulative Budget $ 868,122 20 ,000 41 ,294 200,000 110,000 50,000 40,000 50,000 15,000 24 ,000 100,000 3 ,00 2,127 827,264 100 ,000 190,000 22,500 $5 ,660 ,307 • • • • Expenditures Project Balance Current Month to Date Available $ 78 $ 376 ,0 60 $ 492,062 20 ,00 0 22,046 19 ,248 4,036 195,964 101,747 8,253 50 ,000 41 39.959 1,500 48,500 13.227 1, 773 24,000 9,250 90,750 7,4 23 2,997,722 4,405 5,05 2 814,194 13 ,070 (79) 187,170 2 ,830 22,500 $ 12 ,474 ~4 ,549,493 ~1 ,010,814 I • • • - • • Portion of Year to Date ~ DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES WATER FUND Thro ug h May 31, 1978 % of Last Last Budgeted Current Yea r to Budget Year Yea r Revenues Month Date Collected to Da te _%_ Water Sales: $2,264 ,970 $ 235 ,930 $1 ,007,216 44 $ 672,496 44 Other: Connection Charges $ 50,000 $ 551 $ 45,0 66 90 $ 24,680 99 Rentals 8,500 150 1,554 18 5,359 63 Int eres t 326,000 106,684 33 2 ,216 22 Gain on Sale of Assets Sale of Water 200,000 20 ,000 230 ,000 115 Miscellan eous 25,000 271 10,067 __iQ_ 12,498 so Sub-Total $ 609,500 $ 20 ,97 2 $ 393 ,3 71 65 $ 44,753 20 Total Revenues: ~2,874,470 $ 256 ,90 2 $1,400,587 !tt, $ 717,249 41 • • • • • Po rtion of Year to Date ~ DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES SEWER FUND Throug h May 31, 1978 % of Last Last Budgeted Current Year to Budget Year Year Revenues Month Date Collected to Date _%_ Disposal Service: $ 765,000 $ 232 ,250 $ 371,529 49 $ 331,692 46 Ot her: Connection Fees-Inside $ 50,000 $ 603 $ 45,629 91 $ 18,085 90 Connection Fees-Outside 500,000 196 ,183 442,186 88 391,075 78 Interest 45 ,000 5,125 11 9,369 23 Re n tals 300 1,650 Inspection Charges and Sampling 7,000 1,469 4,703 67 3,609 52 Miscellaneous __ 10,000 250 __ __J.J]_ 7 4,022 40 Sub-TGtal $ 612,000 $ 198,805 $ 500,010 82 Intergovernmental Revenue: , E.P .A. $ 205,109 $ $ $ City of Littleton 20,500 Sub-Total $ 225,609 $ $ $ Total Revenues: $1,602,609 $ 431,055 $ 871,539 54 $ 426,160 74 = EXPENDITURES TO 1978 BUDGET Last Last Annual Current Year to Date % of Year Year Budget Expenditures Expenditures Budget to Date __L_ Treatme nt: $ 246 ,109 $ 45 $ 89,273 36 $ 228,025 68 Sanitary Syst e m: 77' 302 5,384 23 ,04 5 30 26,309 42 I • • Administration & and General: 1,389,195 15,792 164,264 12 162,564 27 otal Expense: ~1 ,71 2 ,606 $ 21,221 ~ 276,581 16 $ 416,898 ~ • • • TO: FROM: DATE: SUBJECT: • • • MEMORANDUM Honorable Mayor James L. Taylor an d Members of City Council Louis Parkinson , Judg e, Municipal Court June 7, 1978 MUNICIPAL COURT ACTIVITY REPORT FOR MAY, 1978 Attached is the Municipal Court Activity Report covering the period from May 1 -30 , 1978. The report is being transmitted to keep you fully informed of Court activity and requires no action by City Council. d~~ ~-vf~~:~u~ LOUIS PARKINSON Municipal Court LP/b Att. • l I • • • • MUNICIPAL COURT ACTIVITY REPORT • • - May 1-30 1978 RKVDUE SOURCE Ma y 1978 Violatioaa Bureau Fines---------------$ 1 ,508 .00 ParkiDI Violatioa Fines---------------2,443.00 Court Caaea---------------------------6 ,511.00 Court Costs---------------------------1 ,280 .00 . Wit•••• Fees--------------------------170.00 JUrp '···-----------------------------25 .00 Boad Forfeitures----------------------62.50 Driver Iaprove•eat School Fees--------210 .00 Appeal Boad Fees -----------------------0- Mlacellaoeoua Peea---------------------0- Arapahoe Couoty (DUI's)---------------895.00 TOTALS $ 13,104.50 Arrai&Daenta -------------------------- Triala Docketed (be1d)---------------- Jurp Trials Beld---------------------- Jurp Triala Caacelled----------------- Juriee Dia•iaaad---------------------- Pretrial Cooferences------------------ CDaea Closed by Disposition----------- CDaea Closed by Deferred Prosec u tion-- Driver School Attendance-------------- Caaea Pendin& (not incl. parking)----- WO. OF CASES FILED BY CATAGORY MoviDI Violat ions--------------------- Parkin& Vi ola tions-------------------- Other Ordinance Violations ------------ Dol Ordinance \'ioll t ions -------------- Coaplainta(c itizen, seles tax, bldg .}- TOTALS Reepectfully aubmit ad, .. ---7) l ) ·-~ -1-d ~' (~L!t:f ·:•t•;( 303 151 3 8 3 11 72 22 24 l,I56 301 659 14 29 __ 3 1,006 IIAJtUU J . ~EY, Cle/Ji of ~Junicipal Court (9) SAME MONTH TOTALS LAST YEAR THIS YEAR 2 ,280.00 12,893.50 2 , 071.00 4 ,275.00 775 .00 90.00 -0- 125 .00 180.00 -0- -0 - 1,059.00 10 ,855 .00 257 167 1 9 4 0 30 25 29 1 ,658 354 1,204 26 71 17 1,672 (34) 11,188.00 34,146.50 6 ,255 .00 7 90 .00 100 .00 407.50 1,170 .00 3.00 -0- 5,275 .50 72,229.00 1,528 941 9 46 6 78 497 2.13 132 1,523 4,631 63 170 11 6,398 (61) cc: Louia Parkinson , Muoicipal Judge ~onorable l!Joyor Jamaa Taylor and Member• of City Council Andy McCo•·n, City Mena1er Bernard Berardini , City Attorney Robart Holmes, Chief of Police Willie• D. Jeaaa, Director of Finance • TOTALS LAST YEAI 14 ,110 .00 12,840 .00 19,067 .00 3 ,905 .00 675 .00 50.00 525 .00 1,095.00 -0- 28 .00 3 ,6 27.50 55,922 .50 1 ,564 872(127 7 30 5 46 1 R6 180 136 1,569 6,220 80 218 82 8,169 I • • - • • • • CITY PLANNING AND ZONING COMMISSION ENGLEW OOD , COLORADO IN THE MATTER OF CASE NO, 4-78, FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE ZONING OF AN AREA WHICH IS ) THE SUBJECT OF PETITIONS REQUESTING ) ANNEXATION TO THE CITY OF ) ENGLEWOOD, PURSUANT TO SECTIONS ) 22 .1-5 and 22.1-7 OF THE COMPRE-) HENSIVE ZONING ORDINANCE ) 5 A A Public Hearing was held in connection with Case No . 4-78 on May 16, 1978, in the Council Chambers of the Englewood City Hall. The following members of the City Planning and Zoning Commission were present: Mr. Draper, Mr. Lathrop, Mr. McClintock, Mr. Owens, Mr . Parker, Mrs. Pierson and Mr. Tanguma. Mr. Smith and Mr . Williams were absent. FINDINGS OF FACT. Upon review of evidence taken in the form of testimony, presentations, reports and filed documents, the City Planning and Zoning Commission makes the following Findings of Fact: 1. That petitions have been r ecei ved by the City Council requesting the annexation of the subject property to the City of Eng lewood, and said petitions are bein g c on-sidered by the Council m mbers . 2. That the z oning o f this area was initiated by the City pursuant to Sections 22 .1-5 and 22.1-7 o f the Comprehensive Zoning Ordina nc e , which sections require land annexed to the City to be z oned within 120* days o f t h e effective dat e of the annexation, and that to meet this time limitation, the zoning action may be in process prior to the final action on the annexation petitions . * The 1965 Annexation Act, as amended, requires land a nnexed to a municipality to be z o ned within 90 da ys . • I • • • • • ,. .. 3 . T ha t notice o f t h e Pu b l ic He ar in g to z one the s ubj e ct ar ea wa s give n b y posting the propert y and by publication i n the offic ial City newspape r , th e Engl e wood Herald S e ntine l. -2- 4 , That the land which is the subject o f t hi s Hearing is in two parcels which are described as follows : Parcel A: (Annexation South) That part o f the NW 1 /4 of Section 9, Township 5 South, Rang e 68 West, of the 6th P.M. County of Arapahoe, State of Colorado, described as follows: Be ginning at the NE corner of the NW l /4 of said Section 9 ; Thence West 62.1' to a point on the D & R.G. R.R., also known as the City Limits of Englewood; Thence South 11 °43• West along said West R.O.W. a distance o f 1346.2' to a point on the South line o f the N 1 /2 o f th e NW 1 /4 o f said Section 9 ; Thence continuing SWLY along said We st R.O.W. line a distanc e o f 565.79 ' more or less to a point on the City Limits of . Englewood which is th e True Point of Beginning ; Thence North 56 ° West along said City Limits a distance o f 108.07'; Thence North 84 °59 ' West a distance of 508.19'; Thence South 10 °4 7' West a distance of 507 .65' to the North R.O.W. line of Wes t Union Avenue; Thence North 87 °53' West along said North R.O.W. line a distance o f 204 .3 •; Thence South 82 °55' West a distance of 277.18'; Thenc e North 9 °05' East a distance of 200'; The nce North 80 °55' West a distance o f 180 '; Thence North 9 °05' East 76 .57'; Thence South 80 °55' East a distance of 180'; Thence North 9 °05' East a distance of 647 .5' more or less to North line of the property described in Book 510, Page 81, County of Arapahoe, State of Colorado ; Thence South 89 °26 ' East along said North property line a distance af 501 .12'; Thence South 89 °21' East a distance o f 521 .35• mor e or l e ss to a point on th e We st R.O.W. line o f u .s. Hig hway 85 ; Thenc e North 11 °43• a long s a id West R.O.W. l i n e a d i sta nc e o f 42 ' mor e o r l e ss ; Th e nce West a long the So ut h pro perty li n e o f a p a rcel d e scr i be d in Bo ok 1 57 6, Page 554 , Coun ty o f Ara p ahoe , St ate o f Colo r ad~ a dista nce o f 565 .0 5 ' to the SW c o r n er o f said p a r ce l ; The n ce No rt h a lo ng We s t l i n e o f sa i d p arcel a di stance o f 34 3 .9 ' t o the NW c o r n er of said parcel ; Thence East a d ist ance o f 3 82 ,53'; Thenc e North 158.1•; Th e n ce Eas t 88'; Thence North a distance o f 1 56 .9'; The nce East a distance of 327.52' to a poin t on th e West R .o.w . line of th e D & R .G . R .R .; Th ence SWL Y along said R .O.W . lin a distance o f 12 10 ,1 ' mo re o r l e ss to th e T rue Poi n t of 8 g inn i n g; Said tract o f l and c o nt a inin g 24 .2 60 ac res more or l e ss . Parcel 8: (An n xation Nort h ) That part of the NW l /4 of Sectio n 9, To wn s h i p 5 Sout h, Range 68 West, of th e 6th P .M., County of Arapa ho e , State o f Co lorado , Described as fo l lows : • I • • • • • .. -3- Beginning at the NE corner of said NW 1 /4 of Section 9; Thence West 62.1' to the West R.O.W. line o f the D & R.G . R .R . which is the True Point of Beginning ; Thence South 11 °43• West along said West R.O.W. line, also being the City Limits of Englewo~ , a distance of 337.22' to a point on the South line of theN l /2 N 1 /2 N l /2 of the NW l /4 of said Section 9 ; Thence West along said South line a distance of 577.62 '; Thence North a distance of 220.01'; Thence East a distance of 187'; Thence South a distance of 55.34'; Thence East a distance of 222•; Thence North a dis- tance of 165.52• to a point on the North line of the NW 1 /4 m said Section 9; Thence East along said North line a distance of 237 .1' to the True Point of Beginning; said tract of land containing 3 .321 acres more or less. 5. That the land which fronts on South Santa Fe Drive has been zoned B-4, Commercial, for a depth of be- tween 150 to 200 fuet by Arapahoe County, and the interior land has been zoned I-2, Heavy Industrial, by the County. 6. The topography of the land , the location and the existing uses are such that the I-1, Ligh t Indus trial Zone District would be the most appropriate zone classification to be applied to the subj ect property . 7. The I-1, Light Industrial, Zone District wo uld be an extension o f the zoning applied to the contiguous land within the City of Englewood and would be compatible with the Generalized Land Use section o f the Comprehensive Plan. CONCLUSIONS was given; l. That proper notice of the Public Hearing 2. The location of the land and the existing development conforms to the I-1, Light Industrial Zone classi- fication, and would be an extension of the I-1 Zone classifica- tion which has been applied to lands within the City of Englewood, which lands are adjacent to the subject areas on the east and south; 3. The proposed I-1 Zone District will complement the Generalized Land Use Plan for the adjacent areas in the City, as set forth in the 1969 Comprehensive Plan ; 4. Because of the proximity of existing in- dustrial development, the railway lines and South Santa Fe Drive, the area does not lend itself to either commercial or residential zoning and with the efforts to improve the quality of development in the South Platte River Valley, uses of the intensity of those permitted in the I-2, Heavy Industrial Zone District would not be desirable • • I • • • • • • -4- RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council, that the above described property which is the subject of petitions requesting annexation to the City of Englewood, Colorado, be zoned 1-1, Light Industrial, within the given time limit following annexation. Upon the vote on a motion made at a meeting of the City Planning and Zoning Commission on May 16, 1978: Those members voting in favor of the motion: Mr. Draper, Mr. Lathrop, Mr . McClintock, Mr. Owens, Mr. Parker, Ms. Pierson, and Mr. Tanguma . Those members opposed to the motion: None Those members absent: Mr. Smith and Mr . Williams . • I . - • • • • COUNCIL AC TION REQUEST LIQUOR AND J ,2 BEER OUTLETS APPLICANT: Pauls Restaurant and Pizzeria 3542 South Fox St. Englewood, CO 80110 TYPE OF ACTION REQUESTED: Beer and Wine License Renewal POLICE AND FBI REP ORTS : See attached Police Report PREVIOUS CITY COUNCIL ACTI ONS DURING ?RIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: CC!.M:NTS: • 5 B I . • • • • .. • City of Englewood MEMORANDUM TO: Marl lyn Irons FROM: Captain Ronald D. frazier DATE: June 12 , 1978 SUBJECT: Sport Bowl -3295 South Broadway Paul's Restaurant & Pizzeria -3542 South f ox St . 3400 South Elati Street Englewood , Colorado 80110 Phone (303) 761-1140 Our records indicate that in the year beginning on Apri I II, 1977 and ending on Apri l I I , 1978, the Sport Bowl located at 3295 So uth Broadway and Paul's Restaurant and Pizzeria located at 3542 South Fox Street have had no Incidents where violati ons could be charged against their license prlv II ege . Robert R. Holmes Chief of Pollee Englewood Pol Ice Department ~~~~~ Captain Ronald Frazier Division Commander Investigations Division Englewood Pol Ice Department • I • • - DEPARTM ENT OF R EV ENUE (.fi~~ ~ RENEWAL APPLICATI ON FOR MALT , VINOUS AND SPIRITUO US LIQUOR LICENSES DO NOT WftiTt: IN TI-·US SP-'CE (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) LIQUOR E~FORC EME~T OFFICER 'S ACTIO~ ERGETTING AOVAL 0 E~~LG AUTHORITY , IF REOUIREO, SEND TO COLORADO DE PARTMENT OF REVEN UE, STATE C APfT AL ANNEX , 1375 SHERMAN ST., DEN VER , COlO 1!0201 (lOl) 102-37C1 OAGHl UN PAUL H DAGHLIAN SH.\K f PAULS RF. S H. Pill ER U 351t2 5 FOX ST ENGLEWOOD CO 8 0 ll0 I CERTIFY THAT THERE ARE NO CHANG ES TO MY OR IGIN AL APPLICATION EXCEPT CHANGE OF MANAGER , TRADE NAME DR CORPORATE STRUCTURE A"IOVE O DATE OISA,IOVEO NEW TRADE N~ \ SIGNATURE ~I'/ tf'.: {),.{!o,l).,/liA.~ JhlllngAdd,... ________________ _ (IF THERE IS A CHANGE IN OWNERSH IP iJo NOT iJStnfis FORM. US E AN ORIGINAL APPLI CATION .} . IMPORTANT SEE I NSTRUCTIONS ON THE REVERSE SID E. MANAGER'S NAME -------------------- IF APPLICANT IS A COR PORATION, FILL IN REVERSE SlOE . BUSINESS PHONE NO.------------------ MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMEN T OF REVENUE . RENEWAL APPLICATION FOR LIQUOR LICENSE(S l FOR TH E YEAR ENDING ' TOTAL FEE(S ) usc: •c!:'*"..nar:"":" '~ ta-.ITT Hlllf'-MaT.oto~ COUNT 'I' l.,,,. ~DVS ... lllo .. Lil'l' O"'U. --.. ·.110 08307~ I 08Z979 I l52 .~o J a.:: 30~-S/ r 006 58l3 5 • '•' ... ' fY.PE-·r=r --5: ~ NAME AND DESCRIPTION OF LICENSE FEE : .. ;: e•i.a. Ai~O ~C:NE LICi:NS I:: (H OTEL, RE ST ) t 2">.00 t -':t:: , -.li'Y 'a5 -.PERCE N T OAP FE:E """i.n~ . ' Do v c•ih4~; l".;.jj."(,i,,j~.n of the p re mlseo for wh ic h th05 apploca100n for locense "made I·--------------------- Are t he pr.;;;fseS 'OWO~· or rented ? If rented , effecuve & exp~rat•on date of lease ----------------- ''appl icant Is) or ell officers of the corporation , cit•z en lsl of the Un•ted States of Amer•ca ?·--------------------- 11 the app licant, or any of the p artners, or any of the off•cers , stockholders or dtrectors of sa•d applicant (If 11 •s a corporauon). or employees of anv such , under the age of twenty-one ye an'' __________________ Yes--------No--- Has the &Pphcant , or any of the p artners, or any of the off•cers, stockholders or d•recto rs of sa•d applicant {I f H 1s a corpora· 1tonl ever been convicted of a felony '" the State of Colorado or been convtcted of a cnme elsewhere whtch would constttute a felony if such cnme had been committed'" the State of Colorado? If so. state full detatls _______ Yes--------No __ _ Has the applicant, or any of tht partners , or any off•cer . dtrector or stockholder of Silld appl•cant (d 1t 1S a corporatton) ever (a) been dented allcense under this liquor law''-----------------------Ye•--------NO--- lbl had an alcohol•c beverage l•cen11 suspended or ftvoked?• __________________ Yes. ________ No __ _ tr the answer •s yes, exptam fully (attach separate sheet , •f needed ) Co you or any member of your famtly have 1 flnanc•al Interest •n an v other liquor l1c ense? (Such ftna nc tal mte•est to "'elude any equny •nttrest or loans I It the answer 11 ves .expla~n '" detatlo ________________ Yeso ________ No __ _ Does any person. firm or cor poration have 1 ftnanc•a l 1nterest. evtdenced either bv loans or equity ownershtp •n the bus•ness for whtch th1s lic ense IS requnttd7 If the artswer 11 yes . state names and addresses and amou n t of such financ•al Interest IM pressed w•ther 1n dollars or other Items of value , such 11 ~rwento r y , furn•ture , fixtures and eQu•pment ______ __;Yes ________ No __ _ Lt st the names and addresses of all businesses 1n wh•Ch an y of the penons'" the p rev tous quest• on are •nterested Ac:Jdrtu • • I • • • • - ial O rganr 1:fll und er the law of th e State ol_ __ ------___________ 0,.1(~-_______ ----____ _ lb~Prrn<:r p;,l husr n'"s' 's co.,duc t ~d ·''~---___ _ _ _ _ ______ -----r n••~"· ,. or __ ------'"·•il te t•l _________ _ ~-. "·--------- D.nf' ot Buth '\.'lon~h D.Jv (ear te l Presrdent ------------ ill Vrce Pres ------------ Tre.nurer ------------ Sec::reta•V ----------.,--- Man3ger ------------- NAME NUME STAEE f NO & ·~!"'~-UA.TE OF BI R TH L·~· all uoclth old ersown tng or conu ollo ng a n v n l the c:to •tal stoclo. ol the corporttt•nn llnt.lurl .. .Kiu.tl owner or p il'•ll}f't Use SPPar,rte sheet d n!'ecled NAME HOME STREET NO & Cr TY STATE OF COL O RADO PER CENT OF ST OCK U \"vNE 0 DATE O F BtATH a nd•--------~;-:-~:-:::--=:----- •bove named . o r 1h111 h ers ~ ,,fthe utJove nilmed t.orpcu.•t run th,rt he h.JS re ... d the furegor ng toplrc.rtron .Jnc1 that he knows the conten ts thereof. and that atl matters and rt'ungs t hen~'" rtet tonh J•E' lrUl' of h r~ o wn 1<n 11wlet1gE' 11nd hf' agr ees to conto·m to all rules • .mn regut,nron s p romulga ted bv the State Department of Revenue rn connl!'ctoon the•ew•th ,.···,'S iib ~;~~;~ aft'd1Jworn t o bel o•e me •• ,.; ... : ( ~~ol ~ 'j .... \.. ;,~, -· Offtce r of Co rporatton CCO RPOR ATf SEALI % .... p • .r-J ~ -~ ·svu c,Ju! _·/.•;":·;·;· __ , ~,t tiil S1gn here · My C'&'l'miU'IO,.._.loO II.:~ .. ---~----'---'--=--------BY -------,-.-.. -.. -.-.n-t-O-, -,,-,-,.-,.-,-.,------------ REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY IM ,mufacturer s Wh olt>~ctler \ lmpm 1ert ,1n d Puhll<: T•ansporau o n SySlems dt5reg:u d th•s sec nunl Tne fo ••oo•nt •PPI•c•t•on n•l oee11 ""am .. eo and t nep,retl"tSt\, t:lu ~oness cnnautted ano cn.l••tter o t t ne app1tcat '' ,,ltt lact ory, ana we do r eoort t h at t.u cn hrem,e ol 9•t•·tl:!a . .,.. m eet rne rea \onaote reau•r t ment\ n f 111e rlt•Qh DorhOoJd ana the de\rrti of tht lll holb•t•nn , •no como l •e\ "''"'"' t he Of'ov•\•on ot Ar tocl e • 1, T. tie 1 2 C R 'S. 19 ?3 T HER[,..O A[ THIS Aft~I..IC A TI ON I S HI:RI!:aV AP',A OVEO DATED AT:_ ___ _J HIS ---~-----OAV O F'---------·A 0 19-------- fNA MEOFTOWN,CI TY OqCOUNT Y)--------------------------------------------------------------------------- (MAYOR O R C.HAIPMAN O F' BOARD Of: COUNTY COMM IS'SIOf..jf RS OR OTH [ A rtTL[ O F LICENSING AUTHOR! AT T EST (CLERK OR Sl:.CR£1 AAV OR 01 H(R O fnCE~ HAVING THE OFFICIALS£ AL or THl LICENSING AUTHORITY I ltl tne preml'ei •reiOC.ated w•tr"n a t o w" o • city, tl'le ID'~"''"DP•c•v •r \nQu1 0 be liQr'led D'r I PI~ lf\•vo• •na c ltnl<, ''on 1 county, tnan DV the c n•um•n olthebo•Hd c cout~ly commtutoner' •n d the clerk 10 the b o•ra 11. oy o•u••nc.e or othet.,..•le, the l ocal loce nsuHOt •ult'lor,tv 'some otner o tt•C till , then \ucn •Poro"''"' shou to oe 1J vet~ DV IUCI'I OIIICtilt l.) • TO INSURE THAT YOUR LICEN SE IS ISSUED ON TIM E, IT IS IMPORT ANT THAT THIS DOCUMENT, WITH YOUR STATE FEE REMITTANCE , BE AT THE COLORADO DEPART MENT OF REVENUE , STATE CAPITOL ANNEX BU I LDING , 1375 SHERMAN ST REET , DENVER, NO LATER THA N DECEMBER 1. • I • • - 1{ • • APPLICANT: Leslie E. Howe Sport Bowl 3295 S. Broadway Englewood, CO 80110 • • • COUNCIL ACTION REQUEST LIQUOR AN J .2 BEER OUTLE TS TYPE OF ACTION REQUESTED: 3.2 Beer License Renewal POLICE AND FBI REP ORTS: Police Report Attached PREVIOUS CITY COUNCIL ACTIONS DURING PRI OR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: CCMAF:NTS: • 5 c I . • { • • • .. • City of Englewood MEMORANDUM TO: Marilyn Irons FROM: Captai n Rona l d D. frazier DATE: June 12, 1978 SU BJECT: Sport Bowl -3295 Sou th Broadway Pau l's Restau r ant & Pizzeria -3542 So uth fox St. 3400 South Elati Street Englewood, Colorado 80110 Phone (303 ) 761 -1140 Our records indicate that in the yea r beginning on Apr i I II, 1977 and ending on Apri I II, 1978 , the Spo r t Bowl loca ted at 3295 Sou th Broadway and Pa ul's Restaurant and Pizzeria located at 3542 South Fo x Street have had no Incidents whe r e violations could be cha r ged against their I icense prlvi lege. Robert R. Holmes Chief of Po l Ice Englewood Pol Ice Departm ent ~~~da~ Captain Ronald Frazier Division Commander Investigation s Division Englewood Pol Ice Department • I . • • • STATE OF COLORADO DEPAR TMENT O F REV EN UE RENEWAL APPLICA liON FOR 3.2% F~RMENTEO MALT BEVERAGE LICENSES • DO NOT Wlil lTE IN THIS SPA CE ( AfTUGtTHNG APP~OVA.i O f lOCAl liCE N ~IN G (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) LIQUOR EN FOR CE MENT OFFICER 'S ACTI ON ( H''!WF t.F ~.Li f E APPROYfD .... AUIHORff'V, tf lltOUtRfO 5£NO 10 COtOIIAOO Df P"RIM fNI SPORT B0WL 32 95 S H O llY DISAPP ROV ED J Of llfVE NUE , SlATE CAP ITO : AN NE X, 137.5 SHUMAN 51 OfNVfll' COLO 80103 e:;~ GL ~w on D C•.l 8 0 11 0 I CERTIFY THAT THERE ARE NO CHANGES TO MY oaiGINAL APPLICATION EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE . SIGNA TUIE -~ -_ (IF THERE IS A CHANGE IN OWNE~HIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICA TI ON.) IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MANA GER 'S NAME IF APPLI CAN T IS A CORPO RATION . Fill IN RE VERSE SIDE NEW TRADE NAME RENEWAl APPLICATION FOR 3 .2% FERMEN TED MAlT BEV ERAGE LICE NSE FOR THE YEAR END ING USf •cCOUNI NUM8EII '0. t!AI Illly I NFQIMA.TI Q N COUN'T'r Clf'l INVIJS I .!"'E l>iiiiJllt"l DAit L L-066~4 I) ~Oo 1)10 t 07t T70 I TY PE NAME AND DESCRIPTION OF LICENSE .J J . Z P FR { c~ T f 10 Efl. R f: TA ll Ll C f.,_. Sf CITY 85 P£RC ~'H '"1 1\P f"H ---.. MA KE CHECK OR MO NE Y ORDER PA YABLE TO THE COLO RADO DEPARTMENT OF REVENUE TOTAL FEE (S) v 716 79 1 FEE $ 25.00 j '--'-21.25 (The follow ing affidavi t to be ''gned and acknowledged b y tn di.,•du als a nd each membe r of partnerships and b y corporal~'") (If application is for •mporte r's licen14 , tnwtn state of b us.ne u re~o•den c e ) ST ATE OF COlORjOO • . • Countyof ~ named; or that he is , betng by me '''" duly sworn, tf for h•msel f, deposes and says ; that he is the applicant above of the obo"'e named cor porotto n That he ha s read h1s onginol op~l ic otio n and morteti ond th 1ng s the re •n ~oet for th ore true of ht!o ow n knowledge, and he agrees to b y the DEPARTMENT OF REV E IN CON NE CTIO N THEREWITH that he ~nows th e contenh thereof , and that oil con form to oil rule s and regulations promulgated SU BS CRIBED AND SWORN TO BEF ORE Mf THIS (; ,{...f _, OF / JfA.UL._ c.c~~~..t : ~~ ATT ACH SU.l NOI At'f I"UII, EAP!o<S ~ ~. dft ICO."'tAff StAl l t CO~AT( N~f ) IY REPOR T AND APPROVAL OF LOCAL LICENSING AUTHORITY fM•NUf.\ClU'!US WHOlES.\lER S IMPORTERS •ND RA ILRO ADS O!S R£G ARO THIS SECTION ) I The arig tn al appltcot•on has been e11am•ned and the prem1ses , bvs.neu conducted and ch aracter of the "/plicant is sotisfoctory., and we do report that such l•cense, tf granted, wtll mee t the reasonable requtremenh of th e ne•ghborhood on the desires of the on hobotonh . and compl oe • ~••h the o•ovl.,ooo or Tille 12 . A<t clo 46 C~S 1073. \ THEREFORE THIS APP LICATION IS HEREBY APPROVED I DATED AT THIS DAY OF • AD 19 (NAME Of TOWN , CITY OR COUNTY ) I _ ... BY •MAYOR OR Ci'I AUt.M.AN or ICARD Of COUNT¥ COMMISSIONEitS O R OTHU TITLE OF liCENSING AUfHO.ITY ,) ATTE ST fCtERIC 01 SECUfU'1' Olt OTHER OFF IC ER H4VING THE OF fiCI Al SEAl OF fHf: liCENSING AUT HORITY ) :;m~','f,,o~::, :~C:te the 0~~;k"'~~ ~~~~ld b::,J•gn,f~ ~: ~r•d •n:~~:r o~ndoth!~~:se,1 f th: 0toc'ofn7.~en':; approval sho uld be gtven by such offtctal ) ---------------------------------------------- • • I • • n • • • .. • M E M 0 R A N D U M TO: Members of Englewood City Council FROM: William D. James, Director of Finance~ DATE: April 25, 1978 SUBJECT: Annexation Petition The City Clerk's office is in receipt of a petition request- ing annex ation of prop e rty to Englewood in the vicinity of Bell Isle Gardens known stree t address as 1470 West Tufts. According to the Municipal Ann ex ation Act of 1965, it is required that I inform City Council that this petition is in custody of the City Clerk's office . cc : Andy McCown, City Manager Jimmy Curnes, Assistant City Manager I j lw • I . ( • • • • FR£0 W . VONDY A'TT ORWC.Y Al LAW (,._(:CUl iYI: ClUB BU ILDI NG OE.NVCR, COLORADO 80210 rn L"OI •tt::\l LOll, .,.O .. DY, MO•tON &. .,.0.1M ,..Of t::••oooo•l COA""O• .... toOJol I.JO.Jl 7=-e -t.IOO • j I • • ( • • • • RECEIVED ,c.p ;~ 1 ~ 1973 PETITIO;~ FOR ANfJEXATION '1'0 DEPT. OF FHW!SE Et·!GLE'.'JJQD CI'rY OF EUGLEiWOD , COLORADO I :, -1-/:t rf .. •11 (].{).. il t:l u -;-a./ . TO: The City Council of the City of Englewood, Coloraao Engl e wo o d City Hall 3400 S o uth EJat i Street Englewood, Col o rado The under signed Petiti o ners do hereby petition the City Council of the City of Englewood , Colorado, to annex t o the said City of Englewoo d, Colorado , pursuant to and in accordance with the applicable provisions of the Municipal Ann e xation Act of 1965, as am e nded, the hereinafter describe d real property situate in t he unincorpor ated territory of Arapahoe County, Colorado, and as the basis for said Petition wo uld sh ow unto the City Council as foll ows: 1. Petitioners com~r ise the owners of one hundred (100~) ~3 rcent o f the area propose d to be ann e xed, exclusive of streets and alleys. 2. It is d s:i rable a:-.t' necess ary that the hereinafter d esc ribed r al property be ,_, ne xed to the City of Engl e woo d, Colorado . 3. Not l es s th an one-si xth (1/6) of the perimeter of the here:i naf er described real pro~erty is contiguous with C1ty of Englewood, Colorado. 4. A co~un:it y of interest exists between the area prop~sec to be annexed an d the City of Lnglewood, Colorado; • \ I • • • • • . . • the are a propo se d to be annexed is urban or will be u rbani ze d in t h e n e ar future ; and the are a propose d to be annexed is inlegrated with or capable of being inte grated with the City of EngJewood , Co lorado . 5. In estab lishing the boundaries of the territory p ropose d to be a nn e xed, no land held in i d n ical ow n ersr'~ wh elh er consisting of one tract or parce l o f real estat ~ . two or more c o ntiguous tracts or parcels of real estate have be e n divided into separate parts or parcels without the wri tte n conse nt of the land owers thereo f. 6. In establishing the boundaries of the area proposed t o be annexe d, no land h eld in ide ntical ownership, wh ethe r c o nsistin g o f one trac t or parcel of real estate or tw o or more acre s or more which , togech c r with t:h e buildings and improve- me nts s ituate d thereon has a valuatio n for assessment in excess of t wo hundred thousand dollars for ad valorem tax purposes for the year next: prece6ing the annexation , has been included in th e area proposed to be annexed wi tho ut the writte n con se nt of he landowers lh reof. 7. The ptopos ed annexation will n ot re sult in the detac;,l!lE'nt of area from any school distric". a nd attach the same to anolher school dis ric t. 8. In all rcsp~cts , the requirements of Sections 31-12-104 ana 31-12-105 of the Municipa l Annexation Act of 1965, as ame nded, exis t or have been met . • I • • - ( • • • • 9. The l egal description of the land sought to be an nexe d to the City of Engl woo d, Col orado, is as follows: Tract 11 , BELL I SL C GARDENS , EXCEP T any part of sai d Tract 11, lying withi n the N~ of th e SW ~ of the ~E~ of Section 9, T ownship 5 South, Range 68 West an d the East 60 feet of T ra ct 10, DEL L ISLE GARDENS, E:<CEPT the \V e st 10 feet of tnt: East 60 feet of sai d 7ract 10 conveye d to the County of Arapahoe in Quit Claim De e d recorded 11ay _l2 , 1952 in Book 757 at Page 179, County of Arapah oe , S t ate of Colorado; also kn o wn a s street address 1470 We st Tufts. 10. Accompanying t he wi t hin Petition are fo ur copi e s of an annexatio n map co n tainin g t he information as require d by Section 31-12-107(1) (d) of the Hunicipal Annexatio n Act o f 1965 , as amende d. 11. Petiti oners request the City of englewood , Colorado , approve ~he annexation o f the are a proposed to be annexed . Signa~ure and Mailing Address of Landowner . -/") / "/ ' ,//2 . . __c__--=...:.,...4~--~t:~::::L -·::-'--"-'---Antonlo 'Uov e nz~ ~ 39 42 South Lipan engl e woo d, Colorado 80110 Date of Signature (,-!c.;-/'y Legal Descrip~ion of Land Owned Tract 11 , BELL ISLE GARDENS , EXCEPT any part of said Tract 11, lying wi hin the H~ of the Slv'< of the !~E~ of S •ct ion 9 , Township 5 South , Range 68 ivest and the Cas t 60 feet of 7ract 10, nELL ISLE GARDENS , EXC2PT the ~e st 10 feet of the East 60 feet of said Tract 10 conveyed ~o t~e County of Arapahoe i n Quit Claim Deed recorded l'.ay 12, 1952 in i3ook 75 7 at Page 179, County of A rapa ~o e , State of Co lorado; also known as street address 100 \,'e st 7uf~s • • I • • - ( • { • •' Signature a nd Mailing Add ress of ---=L:-=a n d owner . _.> ·/ • : 2'-.:. :."':_:i, .:.::.-<~- George·M. Trani ------- 3942 South Lipan • • • Englewood, Colo rado 80110 . .?/ //<' /...,, .. Date of S1gnature __ r/ __ '_, __ ~ Leqal De scription of Land Owned Tract 11, BELL ISLE GARDE~S, EXCEPT any part of said Tract 11, lying wi thi n t he N~ of the SW~ of the NE~ of Section 9, Township 5 South, Range 68 West and the East 60 feet of Tract 10, BELL ISLE GARDENS, EXCEPT the West 10 feet of the East 60 feet of sai d Tract 10 conveyed to the County of Arapahoe in Quit Claim Deed r e corded May 12, 1952 in Book 757 at Page 179, County of Arapahoe, State of Colorado; also known as street address 1470 West Tufts. A F F I D A V I T STATE OF COLORADO s s. COuNTY OF ARAPAHOI: AN'rOiHO uOVI:i~ZI , of lawful age and upon his oath, bein g first duly s wo rn, states an d deposes as follows: 1. That the a ffiant circulated the P e tition for ann e xa t ion h e r e in for the purpose of obtainin g the signatures of t he above Petitioners; and, 2. That each signature thereo n is the signa ure of the person whose name it purpo rts to be • / . "'L·-;(;...../• .:....-....., ' I I Antonio Bovenzi • I • • - • • Subscribed and sworn to before me this 18th day of April, 1978, by Antonio Bovenzi Hy commiss ion expires: 9-2-79 Witness my hand and official seal • • I • • ·( • • • • • / VICINITY MAP I . ( • • ( ( • • • • 6 A I INTRODUCE D AS A BILL BY COU NCI LMA N Wi lli ams BY AUTH ORITY ORD I NA NCE NO. ~~ , SERIES OF 1 978. AN ORD IN AN CE RE ZON ING CCRTAIN REAL PROPERTY WI THIN THE CITY OF ENGL.EWOO D, FROM R-1-C, R E SIDE~TIAL DISTRICT , TO I-1, LIGHT INDUSTR IAL DIST RICT , RECITING A WAIV E R AN D IMP OSI NG CON DI T I ONS THEREO N; AMENDI:.JG T HE ZONING MAP IN ACCO RDAN CE THEREN I TH; AND PROV I DI NG FOR THE RECORDING OF THIS ORDINANCE. WH EREAS, pursuant to Se ction 22 .3 of the Com pre h ensiv e Zo ni n g Ord i n a n c e, public h e arings we re held before the City Pl ann i ng a nd Zoning Commission on De ce mber 20, 1978, J a nu a ry 24, 1 978 , F e br ua ry 7, 22, 1978, to r e zone a certa in parcel of l a nd withi n th e City o f Englewo od R-1-C Re sidential Distr i ct, to I -1, Ligh t Ind u s t r i al Di strict; and ~~EREAS, on February 22, 1978, s a id Planning a nd Zoning Commissi on submit ted its Find i ngs of Fa c t , Con c lusions and recommende d that I-1 Industrial Zoning be d e ni e d , "be cause to gra nt sa id zo ning would not be in the best in te r e sts of the ad- joi n i n g si ngl e family r e side ntial area"; and WH EREAS, the City Coun c il dir ec ted that a public h ea r i n g b e h eld before it o n April 10, 1978 with r e gard to said rezon i ng a p pl i c ation ; a nd WHEREAS, at sai d h e a r ing o n s a id date t h e Cou n ci l r eceiv e d all report s, ma ps, drawi ng s, me mora nd a , mi nu te s, findi n gs an d al l evidence and other m tters theretofore pre- viously co n sidered by the City P lann ing and Zoning Commission , and i n addition received furthe r testimon y from the owner and applica n t as well as other interested parties; and WHEREAS, the City Counci l hereby adopts and incorporates herein paragraphs No . 1 t h-uug h 17 inclusive of he Findings of Fact by the City Planning J Zoni n g Commission dated February 22, 1978 , a copy of said Find ' .s i s attached hereto and made a part hereof by this referc -e .. WHEREAS , City Co unc i l f i nds an d d etermines that the public necessity, conve n ience , heal th, safety and good zoning pructice justify the propose d amen d men t, s u bject , h o wever , t o a ce rtain Waiver and Conditions he r einafte r contained. • I • ( ( . ( • • • .. NOW, THEREFOR E, BE IT ORDAINED BY THE CITY COUNCIL CITY OF ENGLEWOOD , COLORADO as follows: ~ectio~. Change of Zone Cl assification . That the following described r e al property s hall be r ez oned from R-1-C Residential District , to I-1 Light Industrial District : Section 2. Beg i nning at the northerly corne r of Lot 4 4, Bell I sle Ga rdens , said p oint being on the north line of t he SW l/4, NE 1 /4, Sec . 9 , Tw s , SS ., Range 68 w., of the 6th P.M., Arapahoe County , State of Colorado; the n ce West along said North l ine t o t he City of Englewood Ci ty l imits line; thence South along s a id line to the South line of We st Tu ft s Avenue ; the nce East along the South l ine of West Tu fts Av e nue to the cente rline of the City Ditch; t hence Northea sterly along the ce nte rline of the City Ditch to a point on the We st line of Lot 44, Bell I s le Gardens ; thence North along s a i d We st l ine to the point of b e ginning ; said parcel containing 6.3 acres , more or less . Waiver of Use . That in his application the o wn e r, Rex T. Garret t, has repr ese nted that if the zoning cl~ssification is cha nged from R-1-C to I-1 as hereinabove set ou t, the sai d o wner an d applicant will and hereby does waive the right to use or occupy the l a nd or to use , occupy and erect the r eon any st ru cture or s ructures designed , erected , al ered , used or occ upi e d for the purpose of, "Automobile Wr ecking Yards " and Junkyards ". Section 3. Conditions. ----- The conditions established and approved by the City Council and imposed upon the above described rea l property classif1cd as I-1, Industrial Distr ict , shall be as follows: a. No Building Permit shall be issue d for the construction or i nst alla ion of any building o r structure on the subject prope rty o r any portion thereof exce pt i n conforma n ce with a Development P l an which has be n approve d and recorded in complia n ce with g22 .4A o f the Compr hensive Zoning Ordinance , or until a subd1vision plat has been prepared , approved and recorded. -2- • I • • b. c. d. e. • • • The maximum height of any s tr u cture or building shall not exceed 17 feet above the natural grade on that portion of the subject land which lies at an eleva tion of 5,340 feet or more. The maximum height of any structure or building below a natural ele- vation of 5,340 feet, shall not exceed 28 feet in height measured from the na.tural grade. There shall be a m1n1mum set back of 25 feet from the ·centerline of the City Ditch, and 25 feet from the west property ·line of Lot 43, Bell Isle Gardens, Arapahoe County, Colorado, w~ichev e r is furtherest west, or such further distances which may be determined by the City Engineer and Fire Department but in no event less than the said 25 feet to the wall of any building located on the east one-half of the . subject property. -·--- At each boundary of the subject property which abuts or is adjacent to a single- family residence district, the property shall be screened as provid~d in the Comp reh e nsive Zoning Ordinance or as approve d by a reco r ded Development Plan .or subdivision plat. Lighting faciliti e s on the p r operty or on any building or structure located on the subject property, shall be so arranged that they will neither shine nor be re- flected on the adjacent r e sid e ntial properties. f. No entrance, exit or loading dock shall be permitte d on the east side of any~ building which is constructe d on the . east s ide of the s ubject p r ope rty; nor shall any parkin g, sto rage of equipme nt, ma ter ials or trash, or access, oth e r tha n for emerge n c y v e hicl e s , be permit t e d i n u .~ are a east of sa i d buildi ng s. g. All outsi d e s torage on the b j ect p roper ty s h a ll be e n cl osed b y a s o l id f e nce or wall not l e~s th a n s ix (6) n o r rn 8 =e than e i ght (8 ) f ee t i n hei ght, al l tra s h c oll ec t i on c e nt e rs shal l b e of a co v ered t ype a nd no out s ide stora ge s h a ll creat e l i tte r, be a fire or h e alth hazard or create any o t h e r form of public nu isanc e. -3 - • . I I • • ( ( • • • • Se ction 4. -----Zoning M~ Amended. The official zoning map of the City shall be and is hereby is a mended to conform to the provi s ~ons of S ec tions 2 and 3 of this Ordinance . Waiver an d Conditions Bi nding On Heirs , Administrators, Exe c utors, Successor s And Assigns. That the foregoing change in z oning classification is base d upon the Findings of Fact as h e rein adopted, and upon the representation by the owner and applicant that he will waive those certain rights which may be ava ilable to him and in lieu th ereof agrees to the Waiver and Condi tions s e t forth h ere in, wh ich s a id Waiver and Conditions shall be binding upon the own e r, hi s heir s, a dministrators, executor s, successor s an d assigns. Section 6. Ordinance To Be Recorded. That this Ordinance shall be r ecorded by the Departme nt of Community De velopment with the office of the Clerk and Recorde r of Ar apahoe County, Colora do. Introdu ced, r ead in full and passed on first reading on the 15th day of May, 197 8. Published as a Bill for an Ord inance on the 17th day of May, 1978. Introduced, read in full and passed on first r e ading as Ordinance No. 13, Se ries of 1978 as a me nd e d on the 5th day of Ju ne, 1978 . PublishP.d as a bill f or Ordinance No . 13, S e ries of 1978 as amended on the 7th d a y of June , 1978. Read by Title an d passed on final reading on the ___ day o f June, 1978 . of 1 ATTES T : Published by Title as Ordinance No . o n the __ day of June , 1978. ------MAYOR ex officio C~ty Clerk-Treasurer , Series I William D. James, do hereby c rtify that the above and foregoing ~sa tru , accurate and complete copy of the Ordinance , pass don f~nal reading and published by title as Ordinance No. 13, Series of 1978. -4- • I • • • • • It<TRO DUCED AS A BILL BY COUNCILMAN __ W:.:=;i.=l..=l:.oi:.::a~m::.::S:::__ _______ _ BY AUTHORITY ORDINANC E NO. , SERIES OF 1978 . AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF ENGLE \~OOD, FROM R-1-C, RES IDE~TIAL DISTRICT, TO I -1, LIGHT I NDUST RIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON ; AME DING THE ZONING MAP IN ACC ORDANCE THERE \HTH; AND PRO VIDI NG FOR THE RECORDING OF THIS ORDINANCE . WHEREAS , pursuant to Section 22 .3 of t he Compre h ensiv e Zoning Ordinance, public h ea rings were held before the City Planning and Zoning Commission o n December 20 , 1978 , January 24, 1978 , February 7 , 22 , 1978, to rezon e a certain parcel of land withi n the City of Englewood R-1-C Residential District, to I-1, Ligh t Indus tri al District; an d WHEREAS, on February 22 , 1978, said Planning a nd Zoning Comm ission submitted its Findings of Fact , Co n clusions and recomme nd e d that I-1 Industrial Zoning be d enied , "beca use to gra nt said zoning would not be in the best inte r es ts of the ad- joi ning single family residential area"; and WHEREAS , the City Council dire cted that a public h e aring be held before it on Apr il 10, 1978 with regard to said rezoning application; and WH EREA S , a t said h ea ring on said da t e he Counci l r ece ived all reports , maps, drawings, memoranda , mi nutes, find i ngs and all e vi de n ce and othe r matters theretofo re p re- viously considered by the City Planning an d Zon1ng Commission, and in addition received further testimony from he owner a nd applicant as well as other interested parties; and WHEREAS, the City Council hereby adopts and incorporates h erein paragraphs No . 1 t h -0 ugh 17 inclusive of he Findings of F ac t by the C1ty Planning 1 Zoning Commission da ed Febr uary 22 , 1 978, a copy of sai d Find ' s is attached h ereto and made a part hereo f by t h1s r efer. ·-e .. 1-.'HEREAS, City Counc il finds and d e t ermines th t the public nccnssi ty, conv e nience, health , safety a nd good zo ning 1 jl • 1 fy he proposed am e ndm e nt , subject, however , to 1n ;: 1v r nJ Con d1tions hereinafter contain ed. • I • • ( (_ ( • • • • NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL CITY OF ENG LEWOOD, COLORADO as follows: Secti~~-Change of Zone Cl assification. Tha t the following described r ea l prop e rty shall be rezoned from R-1-C Residential District, t o I-1 Ligh t Indus tria l Distric t: Section 2 . Beginning at the nort he rly co rn r of Lo t 44, Rell Is le Gardens, sai d point being on the north line of the SW l /4, NE 1 /4, Se c . 9 , 55 ., Rang e 68 W., of the 6th P.M ., hoe County, State of Colorado; the nce along said Nort h line to the C i ty of ~ood C~ty li~its line; thence South lonq a1d line to the South line of We st hVenue; thence East alo ng the South 1 ·ne of w ~ Tufts Av e nue to the centerline of he C~•y Ditch ; then c e Northeaste rly along he centerline of the City Ditch to a point on the Wes line of Lot 44, Bell Isle Gardens ; thence North along said We st line to the point of beginning; said parcel containing 6 .3 ac res , mo re or less. Waiver of Use. That in his application the ow n er , Rex T . Garrett , h a s represented that if he zoning c lassi fication is cha nged from R-1-C to I-1 as h e reinabove set out, the said owner an d applicant will and h e reby does waive the right to use or occupy the l and or to use, occupy and erect thereon any structure or structures designed , erected, altered , u sed or occupied for the purpose o f , "Automobile Wr ecking Yards" and J unk ya rds". Section 3. Conditions. The conditions estab lished and approved by the City Council and imposed upon the above described rea l property classified as I-1, Ind ustrial District , shall be as follows : a. No Building Permit shall be issued fo r the construct1on or installation of any build ing or structure on the subject prop e rty or any port1on the r eof exce pt in con orma n ce with a Development Pla n which has been approved and reco rded in compliance with §22 .4A of he Compr henslve Zoning Ordi n ance , or until a subd1vi sion plat ha s been prepared, approved and recorded . -2- , I • • J I ·• \ _, .... ;· ' ~ ~ !~ I --._i • • ,. - ~e maximum height of any struc ture or lilding shall not exceed 17 feet above the tural grade on that portion of the subject whic h lies at an elevation of 5 ,340 t or more. The m ximum height of any ucture or building below a natural ele- ion of 5 ,340 feet, shall not exceed feet in h eig ht measured from the natural re shal l be a minimum se t ba ck of 25 feet m the centerline of the City Ditch, a nd feet from the west property line of Lot 4 3, 1 Isle Gardens , ArHpahoe Count y, C olorado, chcve r is furtherest w es t, or such further ance s which ma y be det ermine d by t he C ity ineer and Fire Departme nt but in no even t s thHn the said 2 5 fee t to th e wall of an y ld ing located on the east one-ha lf of th e ject property. - each boundary of the subject property ich abut s or is adjacen t to a single- amily residence district , the property hall be screened as provided in the e hensive Zoning Ordinance or as roved by a recorded Development Plan subdivisio n plat . ighting facili ies on he property or on y building or structure located on the bject property, shall be so arranged at they w1ll neithe r shine nor be re- ect d on he adjacent resid e ntial properties. entrance , ex 1 or lo adi ng dock shall permitted on the cas side of any l ding whi c h is cons ructcd o n the cast of the subject property; nor shall parking, storage of egui ~nt, mat e rials ash , or access, oth e r l-n for em e rgency 1 s, be p rmitted in t ~ area east of building s. age on he u bjec t property enclosed by a solid fe nce or wall less than s1x (6) nor more than eig ht et in h e ight, all trash collection shall be of a covered type and no storage shall create litter, be a or health hazard or create any other of public nu1sance. -3- • I • • ( ( • • • • Zoning Map Amended. The official zoning map of the City shall be and is hereby is amended to conform to the provisions of Sections 2 and 3 of this Ordinance . Sectj on 5 . ----Waiver and Conditions Binding On Heirs, Administrators, Executors , Successor s And Assigns. That the fo r egoing change in z oning classification is based upon the Findings of Fact as herein adopted , an d upon the r epresentation by the owner and applican t that he will waive those certain rights which may be available to him and in lieu th ereof agrees to he lvaiver and Condition s set fo rth h erei n, whi ch said Waiver and Conditions shall be binding up o n the owner, his heirs , administrators, exec utors , successors an d assigns . S ection 6. Ord inance To Be ~e d . That this Ordinance shal l be recorded by the De par tment of Community Development with the office of the Clerk and Recorder of Arapahoe County, Colorado. Introduced, read in full and passed on fir st reading on the 15th day of May, 197 8. Published as a Bill for an Ord inance on t he 17th day of May, 1978 . Introdu ced, read in full and passed on first r ea ding as Ordinance No. 13 , Series of 1978 as ame nd ed o n the 5th day of June , 1978 . PublishP.d as a bill for Ordinance No . 13, Series of 1978 as amended on the 7th day of June , 1978 . Read by Title and passed on final reading on the _____ day of June, 1978 . Published by T1tle as Ordinance No . on the ___ day of June, 1978. ------' Series ATTES T: --------,MA=-=-=-Y~O"Ro::--------- ex off[Cl()itity Cl rk-Treasurer I William D. James, do hereby certify that the above and foregoing is a tru , accurate and complete copy of the Ordinance, pass don final reading and published by title as Ordinance No. 13, Series of 1978. ex offici ol:{tylflPrk~surer -4- I • • • • • IN'rRO DUCED AS A BILL o X COUN CI LMAN BY A~~HORITY . ORDINANCE NO . , SERIES OF 19 78 AN ORDINANCE AUTHORIZING 'l'HE I·SSUANCE OF $7,600,000 HOSPITAL REVENUE BONDS (THE S WE DISH MEDICAL CENTER PROJECT) , SERIES 1978 TO REFINANCE CERTAIN OUTSTAND- ING OBLIGATIONS OF THE SWEDISH MEDICAL C ENTER; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, INDENTURE OF TRUST, CLOSING DOCUMENTS AND SUCH BONDS IN CONN ECT I ON THEREWITH; MAKING DETERMINATIONS AS TO THE .SUFFICIENCY OF REVENUES AND AS TO OTHE R MATTERS RELATED TO SUCH REFINANCING; AND REPEALiNG ACTION HERETOFORE TAKEN IN CONFLICT HE RE WITH. WHE RE AS, the City of Englewood, in the County of Arapahoe and State of Colorado (the "City"), is a legally and r~gularly cre ate d, established, organized and existing munic i pal corporation u nde r t h e p r ovi s i ons of Article XX of th e Constitution o f the S t ate of Colorado and the Cha rter of t h e City; and (1) 6 e I • • • • • • WHEREAS, the Colorado County and 1-lunicipali ty Develo pment Revenue Bond Act, Article 3, Title 29 of Colb- rado Rev ised Statutes 1973, as amended (t he "Act") author- izes coun ties and municipalities to finance, refinance, acquire, own, lease, improve, an d di spo~e · of properties to the end that more adequate hospital care may be pro- vided, wh ich promot e s the public health, welfare, safety, convenienc e, and prosperity; and WHEREAS, the Act 'further authoriz e s counties and munic i pali tie s to refinance any obligations previously incurred to finance or aid in f inancing of hospital, health- care, or nursing home facilities which would con stitute a project within the meaning of the Act had such facilities been originally underta k en and financed by a county or municipality pursuant to the Act; and WHEREAS, the Act further authorizes count ies and municipalities to issue revenue bonds for the purpose of defraying the cost of· refinancing any project constituting hospital, health-care or nursing home facilities and all incidental expenses inc urre d i n issuing such bonds and to secure the payment of such bonds as provided in the Act; and WHEREAS, The Swedish Medical Center, a nonprofit corporation, organized and existing under the laws of the State of Colorado (the "Hospital"), has pr ~se nted to the City a proposal whereby the City will, pursuant to the Act, refinance First Mortgage Bonds, Series 1973, and First Mort- gage Bonds, Se ries 1974, of the Ho spi tal which were issued to fin ance the construction , renovation and remodeling of hospital facilities (the "Project") owned and operated by the Hospit al i n the City, which Project.would constitute a "project" within the meaning of the Act had such hospital ( 2) • I • - • • • • facilities been originally undertaken and financed by a county or municipality pursuant to the Act; and WHEREAS, Hospital Revenue Bonds (The Swedish Medical Center Project), Series 1978 in the aggregate principal amount of $7,600,000 (the "Borids") will be issued and delivered by the City to The Aetna Casualty and Surety Company (the "Purchaser"), to pay the cost of refinancing the Project and costs incidental to the authorization, issuance and sale of the Bonds; and WHEREAS, concurrently with the issuance of the Bonds, the Ho s pital will enter into a financing agre ement with the City providing for payments sufficient to pay the principal of, premium, if any, and interest -on the Bonds and to meet o t h e r obligations as here in and therein provided; and WHEREAS, on April 17, 1978, the City Council adopted a resolution whereby the City agreed to authorize the issuan ce and sale ·of the Bonds, it being understood that no costs of issuance and sale were to be borne by the City and that the necessary financing documents were sub- ject to formal approval by ordinance of the City Council pursuant to the Act; and WHEREAS, on 1>1ay 15, 1978, pursuant to a resolu- tion duly adopted on tha t date by the City Council, the City , the Hospital and the Purch a ser entered into a Bond Purchase Agreement (the "Bond Purchase Agreemen t") under which the Bonds were sold by the City to the Purchaser; and WHEREAS, there have b ee n pr ese nt e d to the City Council: (1) the proposed form of Financing Agreement dated as of May 15 , 1978 betwee n the Cif!y and the Hospital (the "A greement") and (2) the proposed form of Indenture ( 3) • I • ,~ ~~-·~ • • • • of Trust dated as of May 15, 1978 (the "Indenture») be- tween the City and The First National Bank of Denver, as Trustee (the "Trustee»}. NOW, THEREFORE, BE IT ORDAINED ·BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,, COLORADO: Section 1. All action (not inconsistent with the provisions of this ordinance) heretofore taken by the City Council and the officers of the City directed toward the refinancing of the Project and the issuance and sale of the Bonds therefor be, and the same is hereby, rati- fied, approved and confirmed. Section 2. The City shall refinance the Project by loaning the proceeds of the Bonds to the Hospital in accordance with the provisions of the Agreement for the purposes d esc ribed above. Section 3. To defray the cost of refinancing the Project there is hereby authorized and created an issue of hospital revenue bonds designated »city of Engle- wood, Colorado, Hospital Revenue Bonds (The Swedish Medical Center Project), Series 1978" in the aggregate principal amount of $7,600,000 issuable as fully registered bonds in the denominations of $5,000 and any integral multiple thereo f, dated May 15, 1978 (exc ept as otherwise prov i ded in the Indenture), bearing i nter es t from their date at the rate of 6.75% per annum prior to maturity and at the rate of 7.75% per annum after maturity, payable semiann ually on May 15 and Nov embe r 15 in each year, com- mencing November 15, 1978, and maturing on May 15, 1999. The Bonds shall be payab le, shall be ~ubjec t to r e demption prior to maturity and s hall be i n substantially the form as provid e d in the Ind enture . Pursua nt to the Bond Purchase Agrccm0nt the bonds sha ll be delivered to (4) I • • .. ..-:---. • • • • the Purchaser at par plus accrued interest from May 15, 1978 to the date of their paymen t and del i very. The maximum net effective interest rate permitted for the Bon~s is hereby declared to be 8% per annum and the actual net effecti ve interest rate on the Bonds is determin ed to be under all conditions and at all times during the life of the Bonds, less than such maximum rate. Section 4. The following determinations and findings are hereby made in accordance with Sections 29-3-113, 29-3-114 and 29-3-120 of the Act: {a) The amount necessary in each year to pay the principal of and the i nterest on the Bonds is as follows: Annual Period to and Interest Principal to be Annual Debt Includ ing ·for such Reti red in such Service May 15 Period Period · Reguirement 1979 $513,000 $ 0 $513,000 1980 513,000 0 513,000 1981 513,000 0 513,000 1982 513,000 0 513,000 1983 513,000 0 513,000 1984 513,000 0 513,000 1985 513,000 0 513,000 1986 513,000 0 513,000 1987 513,000 0 513,000 1988 513,000 0 513,000 1989 513,000 0 513,000 199 0 513 ,000 0 513,000 199 1 513,000 0 513,000 199 ; 513,000 0 5]3,000 199 3 513,000 0 513,000 199 4 513 ,0 00 0 513,000 1995 513,000 0 513,000 1996 513,000 0 513,000 1997 513, 000 0 513,000 1998 513 ,0 00 0 513,000 1999 513 ,000 $7,600,000 $8,113,000 (5) • I • • • • • (b) No r es erve fund has been established nor is proposed to be established for 'the retirement of ' the Bonds or the maintenance of ~he Project and accordingly it will not be necessary to pay amounts into any reserve fund. (c) The terms under which the Project is to be refinanced provide that the Hospital shall maintain the Project and carry all proper insurance with respect thereto. (d) The revenues payable under the Agreement are sufficient to pay, in addition to all other requirements of the Agreement and this ordinance, all sums referre d to in paragraphs (a) and (c) of this Section. (e) The revenues payable under the Agreement are suffici~nt t~ pay, in addition to all other requirements of the Agr eement and this ordinance, all taxe s pay able pursuant to S~ction 29-3-120 of the Act . Section 5. The forms, t erms and provisions of the Agreement and the Indenture be and they h ereby a re approved and the City shall enter into the Agreement and the Indenture in the forms of each of such documents pre- sented to the City Council at this meeting, with such changes therein as are not inconsistent herewith; and the Mayor is hereby authorized and directed to exec ute and delive~ such docume nts and the City Clerk is hereby authorized and directed to affix the City seal to and to attest such documents. (6) • I • • r • • • • • S ection 6. The form, te~ms and provisions of the Bonds, in the form contained in the Indenture, be and they hereby are approved, with such changes therein as are not inconsistent herewith; and the Mayor and the City Clerk are ea ch hereby authorized and dire~ted to execute the Bonds and each is authorized 'and directed to deliver them, and the seal of the City is hereby authorized and directed to be impressed on the Bonds. The signature of the Mayor on the Bonds and the signature of the City Clerk on the Bonds shall be manual. Section 7. The Mayor is her e by authorized to execute and deliver to the Trustee the written order of the City for the authentication and delivery of the Bonds by the Trustee, in accordance with Section 2.6 of the Indenture. Sectioh 8. The First National Bank of Denver, . Denver, Colorado, is hereby appointed as trustee under the Indenture, thereby al'so serving as registrar and paying agent under the terms of the Indenture and Agre e ment. Section 9. The offi cers of the City shall take all action in conformity with the Act necessary or reason- ably required to effectuate the i ssuance of the Bonds and shall take all action necessary or desirable in conformity wi t h the Act to refinance the Project and for carrying out, gi vin g effect to and consummating the transacti ons contem- p l J~e d by this ordinance , the Agreement and the Indenture , i ~cl ud~n~ without limitation the execution and delivery of any closing documents to be delivered in connection with the sale and delivery of the Bonds • (7) • I • • • • • - Section 10. The cost of refinancing the Project will be paid out of the proceeds of the Bonds and none of them will be the general obligations of the City nor shall any of them, in cluding interest thereon, constitute the debt or indebtedness of the City within"the meaning of the Constitution or statutes of the State of Colorado or of the home rule charter of the City nor shall anything con- t~ined in this ordinance or in the Bonds, the Agreement, the Ind enture , or any other instrument give rise to a pecuniary liability or a charge upon the general credit or taxing powers of the City, nor shall the breach of any agreement contained in this ordinance, or any instrument impose any pecuniary liability upon the City or any charge upon its g eneral credit or against its taxing powers, the City having no power to pay out of its general funds, or otherwise cont ribute any part of the costs of refinancing the Proj ect , nor"power to operate the Project as a business or in any manner, nor shall the City condemn any land or other property for th~ Project nor cqntribute any land or other property to the Project. Section 11. After any of the Bonds are issued , this ordinance shall be and remain irrepealable until the Bonds and the interest thereon shall have been fully paid, cancelled and discharg ed . Section 12. If any section , paragraph, clause or provi sion of this c· :1 nance shall for any reason be held to be invalid or ~--nforceable, the invalidity of unenforceability of s uch section, paragraph, clause or provision shall not affect any of the remaining provi- sions of this ordinance. (8) • I • • • • • • Section 13. All bylaws, orders, regulations, resolutions and ordinances, or parts thereof, of the City inconsistent herewith and with the do~urnents hereby app.roved, are hereby repealed to ·the extent only of such inconsistency. This repealer shall not "be construed as reviving any bylaw, order, regulation, resolution or ordinance, or part thereof. Section 14. This ordinance, immediately on its final passage and adoption, shall be numbered and recorded in the official records of the City kept for that purpose, authenticated by the signatures of the Mayor and City Cle~k,_ and published by reference in The Englewood Herald Sentinel, a newspaper published and of general ~irculation in the City •. Section 15. This ordinance shall be in full force and effect·thirty (30) days after its publication following its final passage. INTRODUCED, PASSED ON FIRST,READING, AND ORDERED PUBLISHED this June 5, 1978. Mayor (SEAL) ATTEST: (9) • I • • • • • • I, William D. James, City Clerk of the City of Englewood, Arapahoe County, Colorado, do hereby certify · that the above is a true and correct copy of an ordinance in~roduced, passed on first reading, ·and ordered published in full in The Englewood Herald Sentin~l at a regular meeting of the City Council on the 5th day of June, 1978. (SEAL) Attest: C1.ty Clerk Published in The Englewood Herald Sentinel . First publication June 7 , 1978. (10) • I . • • day of (SEAL) Attest: • • .. FINALLY P ASSED, ADOPTED, AND APP ROVED this ---------' 1978. Mayor C1ty Cl erk Published in The Englewood Heral d Sentinel. Second publ ica- tion (i .e., publication by reference after final passage) 1 1978. We, James L. Taylor, Mayor, and William D. James, City Clerk, of t~e City of Englewood, in the County of Arapahoe and S tate of Colorado, do hereby certi~y that the above and f o regoing ordinance is a tru e a nd correc t copy of the ordin ance introduced , passed , and approved on first reading at the regular meeting held on the 5th day of June, 1978, published in full in The Englewood Herald S entine l on the day of , 1978, introduced a second time, finally passed , adopted and approved, without any amendment , on the day of , 1978 , and pub- lished a second time by reference in The Englewood Herald S entinel on the day of , 1978. (SEAL) Attest: C1ty Clerk (11) Mayor • I • • - p . • • • • INTRODUCED AS A BILL BX COUNCILMAN SMI'lli BY AUTHO RITY ORDINANCE NO . , SERIES OF 1978 AN ORDINANCE AUTHORIZING THE ~SSUANC E OF $7,600,000 HOSPITAL RE VENU E BONDS (THE SWEDISH MEDICAL CENTER PROJECT), SERIES 1978 TO REFINANCE CERTAIN OUTSTA ND- ING OBLIGATIONS OF THE SWEDISH MEDICAL CENTER; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, INDENTURE OF TRUST, CLOSING DOCUMENTS AND SUCH BONDS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE .SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SUCH REFINANCING; AND REPEALiNG ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. WHEREAS, the City of Englewood, in the County of Arapahoe and State of Colorado (the "City"), is a legally and r~gularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the Charter of the City; and (l) • I • • • • • • WHEREAS, the Colorado County and Munic.ipality Development Revenue Bond Act, Article 3, Title 29 of Colo- rado Revi sed Statutes 1973, as amended (the "Act") author- izes coun ties and municipalities to finance, refinance, acquire, own, lease, improve, and di spo~e · of properties to the end that more adequate hospital care may be pro- vided, which promotes the public health, welfare, safety, convenience, and prosperity; and WHEREAS, the Act -further authoriz e s counties and municipalities to refinance any obligations previously incurred to finance or aid in financing of hospital, health- care, or nursing home facilities which would constitute a project withi n the meaning of the Act had such facilities been origi n ally undertak en and finan ced by a county or municipality pursuant to the Act; and WHEREAS, the Act furth e r authoriz es counties and municipalities to issue revenue bonds for the purpose of defraying the cost of · refinancing any proj ect constituting hospital, health-care or nursing home facilities and all incidenta l expenses inc urred in issuing su ch bonds and to secure the payment of such bonds as provided in the Act; and WHE REA S, The Swedish Medical Center, a nonprofit corpora tion, organized and existing under the laws of the State of Colorado ( he "Hospital"), has pr ose nted to the City a proposal whereby the City will, pursuant to the Act, refinance First Mortgage Bonds , Series 1973, and First Mort- gage Bonds, Series 1974, of the Hospital which were issued to fin ~nce the construction , renovation and remodeli ng of hospital facilities (the "Project") owned and operated by the Hospital i n the City, which Project.would constitute a "proj ect " within the meaning of the Act had such hospital {2) • I • • (.-··~ • • • • facilities been originally undertaken and financed by a county or municipality pursuant to the Act; and WHEREAS, Hospital Rev enue Bonds (The Swedish Medical Center Proj ec t), Series 1978 in the aggregate principal amount of $7,600,000 (the "Borfds") will be issued and delivere d by the City to The Aetna Casualty and Surety Company (the "Purchaser"), to pay the cost of refinancing the Project and costs incidental to the authorizatio n, is suance and sale of the Bonds; and WHEREAS, concurrently with the issuance of the Bonds, the Hospital will enter into a financing agr eement with the City prov idi ng for payments sufficient to pay the princip al of, premium, if any, and interest ·on the Bonds and to meet other obligations as h e rein and therein provided; and WHEREAS, on April 17, 1978, the City Council adopted a resolution where by the City agreed to authorize the issuance and sale ·of the Bonds, it b eing understood that no costs of i s sua nce and sa le were to be borne by the City and t ha t the necessary financing documents were sub- ject to formal approval by ord ina nce of t he City Council pursuant to the Act; and WHEREAS, on May 15, 1978, pursuant to a resolu- tion duly adopted on that date by the City Council, the City , the Hospital and the Purchaser entered into a Bon d Purchase Agreement (the "Bond Purchase Agreement") under which the Bonds were sold by the City to the Purchaser; and 1-lH EREAS, the re have been prese nted to the City Council: (1) the proposed form of Financing Agreement date d as of May 15, 1978 between the Ciey and the Hospital (the "Ag reement ") and (2) the proposed form of Indenture (3) • I • • • • • • • of Trust dated as of May 15, 1978 (the "Indenture") be- tween the City and The First National Bank of Denver, as Trustee (the "Trustee"). NOW, THEREFORE, BE IT ORDAINED ·BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,, COLORADO: Section 1. All action (not inconsistent with the provisions of this ordinance) heretofore taken by the City Council and the officers of the City directed toward the refinancing of the Project and the issuance and sale of the Bonds therefor be, and the same is hereby, rati- fied, approved and confirmed. Section 2. The City shall refinance the Project by loaning the proceeds of the Bonds to the Hospital in accordance with the provisions of the Agre eme nt for the purposes described above. Section 3. To defray the cost of refinancing the Project there is hereby authorized and created an issue of hospital revenue bonds d e si~nated "City of Engle- wood, Colorado, Hospital Revenue Bonds (The Swedish Medical Cent e r Project), Series 1978" in the aggregate prin cipal amount of $7,600,000 issuable as fully registered bonds in the denominations of $5,000 and any integral multiple thereof , dated May 15 , 1978 (except as othe rwise prov i d ed in the Indenture), b earing interest from their date at the rate of 6.75% per annum prior to maturity and at the rate of 7.75% per annum after maturity, payable semiann ually on May 15 and Nov ember 15 in each year, com- mencing Nov rnb e r 15, 1978, and maturing on May 15, 1999. The Bonds shall be pay able, shall be ~ubject to r edempti on prior to maturity and shall be in substantially the form as pro v id e d in the I nd enture. Pursuant to the Bond Purchase Ag re eme nt the bonds shall be deli vered to (4) • I • • _,.--., • • • • the Purchaser at par plus accrued interest from May 15, 1978 to the date of their p ayment and delivery. The maximum net effective interest rate permitted for the Bon~s is hereby declared to be 8% per annum and the actual n et effecti ve interest rate on the Bonds is determined to be under all conditions and at all times during the life of the Bonds, less than such maximum rate. Section 4. The following determinations and findings are hereby made in accordance with Sections 29-3-113, 29-3-114 and 29-3-120 of the Act: (a) The amount necessary in each year to pay the principal of and the interest on the Bonds is as follows: Annual Period to and Interest Principal to be Annual Debt Including 'for such Retired in such Service May 15 Period Period · Requirement 1979 $513,000 $ 0 $513,000 1980 513,000 0 513,000 1981 513,000 0 513,000 1982 513,000 0 513,000 1983 513,000 0 513,000 1984 513 ,000 0 513,000 19 85 513,000 0 513,000 1986 513,000 0 513 ,000 1987 513,000 0 513,000 1988 51 3,000 0 513,000 1989 513,000 0 513,000 199 0 513,000 0 513,000 19 91 513 ,000 0 513,000 199 :: 51 3,000 0 513,000 199 3 5 13 ,0 0 0 0 513,000 199 4 5 13,000 0 513,000 1995 5 13,000 0 513,000 19 9 6 513,000 0 513,000 1997 51 3,000 0 513,000 1998 5 13,000 0 513,000 1999 513,000 $7,600,000 $8,113,000 (5) • I • • • • • • {b) No reserve fund has been established nor is proposed to be established for 'the r etirement of ' the Bon ds or the maintenance of the Project and accordingly it will not be necessary to pay amounts into any reserve fund. (c) The terms under which the Project is to be refinanced provi de that the Hospital shall maintain the P roject and carry all proper insurance with respect thereto . (d) The revenues payable under the Agreement are sufficient to pay, in addition to all other requiremen ts of the Agreement and this ordinance, all sums referred to in paragraphs (a) and (c) of this Section. (e) The revenues payable under the Agreement are suff i ci ~nt tc pay, in addition to all other requirements of the Agreement and this ordinance, all taxes payable pursuant to S~ction 29-3-120 of the Act. Section 5. The forms, terms and provisions of the Agreemen and the Indenture be and they h ereby ar e approved and the City shall enter into the Agreement and the Indenture in the forms of each of such documents pre- sented to the City Council at this meeting, with such changes th e rein as are not inconsistent herewith; and the Mayor is hereby authorized and directed to execute and delive~ s~ch documents and the City Clerk is hereby authorized and directed to affix the City seal to and to attest such documents. (6) • I . • • • - S ec tion 6. The form, terms and provi sions of the Bo nd s, in the form contained in the Indenture, be and the y h ereby a re a p proved, with such changes therein as ar e not inconsist e nt herewith; and the Mayor and the City Clerk are eac h hereby authorized and dire~ted to execut e the Bo nds a nd each is authorized 'and directed to deliver them, and the seal of the City is hereby authorized and directed to be impre ssed on the Bonds. The signature of the Mayor on the Bo n ds and th e s i gnature of the City Clerk on the Bonds shall be manual. Section 7. Th e Ma yor is h ereby a u t horiz e d to execute and d e live r t o the Trustee the writ ten orde r of the City for the a uth e nt i cation and delive ry of the Bonds by the Trus te e, in accordance with Section 2.6 of the Indenture. Sectioh 8. The First National Bank of De nver, . Denver, Colorado, is h e reby appo inted as trustee under the Inden t ure, thereby a l'so serving as r;gistrar and paying agent under the terms of the Indenture and Agre e ment. Secti on 9. The o ffi c e rs of the Ci ty shall take a ll action in conformity with the Act necessary o r r e a son- a b ly required to effectuate the issuance of the Bonds an d shall take all action necessary or desirable in con formity w i~h the Act to refinance t h e Project and for carrying out, gi vin g effect to and consummating the transacti o ns con te m- pl j~e d by this ord ina nce, the Agreement and the Indenture , ir.clud~n~ without limitation the execution and delivery of any closing documents to be delivered in conne c tion with the sale and delivery of the Bonds. (7) • I . • • • .. • S e cti on 10. Th e cost of refinancin g the Proj e ct will be paid o u t o f t he p r o ce eds of the Bonds and none of them wi ll b e t he gene r a l obligations of the City n o r sha ll any. of t he m, in cl uding i nterest thereon, constitute the debt or i nde b tedn es s of the City within"the meaning of the Constituti o n or s ta tutes of the State of Colorado or of the home r u l e charter of the City nor shall anything con- t~i n e d i n thi s ord i n a nce or in the Bonds, the Agre e ment, the I ndenture , or a ny o the r instrume nt give r i se to a pecun i ary li a bility or a charge upon the general cr e dit or tax i ng power s of the City, nor shall the breach of any agreemen t contained in t his o r d i nance, or any instrume nt impo se any pecuniary liabil ity upon the City or any charge u pon its general credi t o r aga i nst its taxing powers, the Ci ty h aving no power to p ay out of its g e n e ral funds, or othe rw ise contribute any p art of the costs of refinanc i ng the Project , nor "power to operate the Project as a bus i n e ss or in any manner, nor shal l the City co~d e mn any land or o t h er p r operty for th~ Proj e ct nor cqntribute any land or o t h e r property to the Pro jec t. Section 11 . Af ter any of the Bonds are i ss ued, this ordinance shall be a n d remai n irrepealable unti l t he Bonds and the interest thereon shall have been fully paid , cancelled and d i scharged. Section 12. I f any section , paragraph , clause or provision of this c · l inance shall for any reason be held to be invalid or t~~nforceable , the invalidity of unenforc e ability of s uch section, paragraph, clause or provision shall not affect any of the remaining provi- sions of this ordinance. ( 8) • I • • - - • • • • Section 13. All bylaws, orders, regulations, resolutions and ordinances, or parts thereof, of the City inconsistent herewith and with the do~uments hereby ap~roved, are hereby repealed to the extent only of such inconsistency. This repealer shall not ·be construed as reviving any bylaw, order, regulation, resolution or ordinance, or part thereof. Section 14. This ordinance, immediately on its final passage and adoption, shall be numbered and recorded in the official records of the City kept for that purpose, authenticated by the signatures of the Mayor and City Cle~k,. and published by reference in The Englewood Herald Sentinel, ·· a newspaper published and of general ~irculation in the City •. Section 15. This ordinance shall be in full force and effect·thirty (30) days after its publication following its final passage. INTRODUCED, PASSED ON FIRST,READING, AND ORDERED PUBLISHED this June 5, 1978. Mayor (SEAL) ATTEST: (9) • I • • • • • I, William D. James, City Clerk of the City of Englewood, Arapahoe County, Colorado, do hereby certify · that the above is a true and correct copy of an ordinanc e in~roduc ed , passed on first reading, 'and ordered published in full in The Englewood Herald Sentin~l at a regular meeting of the City Council on the 5th day of June, 1978. (SEAL) Attest: C1ty Clerk Published in The Englewood Herald Sentinel. First publication June 7 , 1978. (10) • I • • • day of {SEAL) Attest: • • • FINALLY PASSED, ADOPTED, AND APPROVED this ----------' 1978. Mayor C1.ty Clerk Published in The Englewood Herald Sentinel. Second publica- tion (i.e., publication by reference after final passage) , 1978. We, James L. Taylor, Mayor, and William D. James, City Clerk, of t~e City of Englewood, in the County of Arapahoe and State of Colorado, do hereby certi:y that the above and foregoing ordinance is a true and correct copy of the ordinance introduced, passed, and approved on first read ing at the regular mee ting held on the 5th day of June, 1978, published in full in The Englewood Herald Sentinel on the _____ day of , 1978, introduced a second time , finally passed, adopted and approved, without any amendment , on the day of , 1978, and pub- lished a second time by reference in The Englewood Herald Sentinel on the day of , 1978. (SEAL) Attest: Cl.ty Clerk (11) Mayor • I • • P· • • • • I N'r RO DUCE D AS A BILL 8:( COUJ'-.CILMAN --------- BY AUTHORITY ORDINANCE NO . , SERIES OF 1978 AN ORDINA NCE AUTHORIZING THE ~SSUANCE OF $7,600,000 HOSPITAL REVENUE BONDS (THE SWEDISH MEDICAL CENTER PROJECT), SERIES 1978 TO REFINANCE CERTAIN OUTSTAND- ING OBLIGATIONS OF THE SWEDI S H MEDICAL CENTER; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, INDENTURE OF TRUST, CLOSING DOCUMENTS AND SUCH BONDS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE .SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SUCH REFINANCING; AND REPEALiNG ACTIO N HERETOFORE TAKEN IN CONFLICT HEREWIT H. WHEREAS, the City of Englewood, in the County of Arapahoe and State of Colorado (the "City"), is a legally and regularly created, established, organized and existing municipal corporation unde~ the provisions of Article XX of the Constitution of the State of Colorado and the Charter of the City; and (1) • I • • • • • • WHEREAS, the Colorado County and Munic.ipality Developme nt Revenue Bond Act, Article 3, T i tle 29 of Colo- rado Revis ed Statutes 1973, as amended (the "Act") author- izes counties and municipalities to f i nance, refinance, acquire, own, lease, improve, and dispo~e · of properties to the end that more adequate hospital care may be pro- vided, which promotes the public health, welfare, safety, convenienc e , and p r osperity; and WHE REA S, the Act 'further authoriz e s counties and municipalities to refinance any obligations previously incurred to finance or aid in financing of hospital, health- care, or nursing home facilities which would constitute a project with in the meaning of the Act had such facilities been originally undertaken and financed by a county or municipality pursu ant to the Act; and WHEREAS, the Act further authorizes countie s and municipali ties to issue revenue bonds for the purpose of defraying the cost of· refinancing any project constituting hospital, health-care or nursing home facilities and all incidental expenses incurred in issuing such bonds and to secure the payment of such bonds as provided in the Act; and WHEREAS, The Swedish Medical Center, a nonprofit corporation, organized and existing under the laws of the State of Colorado (the "Hospital"), has pr~sented to the City a proposal whereby the City will, pursuant to the Act, refinance First Mortgage Bonds, Series 1973, and First Mort- gage Bonds, Se ries 1974 , of the Hospital which were issued to finance the construction , renovation and remodeling of hospital facilities (the "Project") owned and opera ted by the Hospital in the City, which Project.wouJd constitute a "project" within the meaning of the Act had such hospital (2) • , I • • • • • ,. .. facilities been originally undertaken and financed by a county or municipality pursuant to the Act; and WHEREAS, Hospital Revenue Bonds (The Swedish Medical Center Project), Series 1978 in the aggregate principal amount of $7,600,000 (the "Borids") will be issued and delivered by the City to The Aetna Casualty and Surety Company (the "Purchaser"), to pay the cost of refinancing the Project and costs incidental to the authorization, issuance and sale of the Bonds; and WHEREAS, concurrently with the issuance of the Bonds, the Hospital will enter into a financing agreement with the City providing for payments sufficient to pay the principal of, pr emi um, if any, and interest ·on the Bonds and to meet o t her obligations as herein and therein provided; and WHEREAS, on April 17, 1978, the City Council adopted a resolution whereby the City agreed to authorize the issuance and sale ·of the Bonds, it being understood that no costs of issuance and sale were to be borne by the City and that the necessary financing docume nts were sub- ject to formal approval by ordinance of the City Council pursuant to the Act; and WHEREAS, on May 15, 197 8, pursuant to a resolu- tion duly adopted on that da te by the City Council, the City, the Hospital and the Purchaser entered i nto a Bond Purchase Agre e ment (the "Bond Purchase Agreement") und er wh ich the Bonds were sold by the City to the Purchaser; and WHEREAS, there have been presented to the City Counc il : (1) the proposed form of Financing Agreeme nt da ted as of May 15, 1978 between the Ci~y and the Hospital (the "Agree ment") and (2) the proposed form of Indenture (3) • I • • • • • of Trust date d as of May 15, 1978 (the "Indenture•) be- tween the Ci ty a nd The First National Bank of De nve r, as Trustee (th e "Tru stee"}. NOW, THERE FORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,, COLORADO: Section 1. All action (not inconsistent with the provision s of this ordinance) heretofo r e tak e n by t he City Co unc il a nd t h e off i cers o f the City directed towa rd the r efinancing of the Project a nd the issuance and sa le of the Bonds therefor be, and the s a me is here by, rati- fi e d, approved and c onfir med. S ection 2. The City shall refin a n c e the P r o ject by loan ing th e p r o cee ds of the Bonds to t he Ho s p ital i n accor dance with the prov i sions of the Agree me nt for the purpose s d escribed a bove . S ection 3 . To defray the cost of refinancing the Pro ject there is h e r e by a u t horized and cr e ated an is s ue o f hospital reven u e b onds d e si ~na t ed •city of Engl e - wood, Co lorado , Hospi tal Re ve n u e Bonds (The Sw e d i sh Medical Center Project ), S eries 1978" in t he aggregate principal amount of $7,600 ,000 iss uabl e a s fully registered bonds in the denominations of $5,00 0 and any integral multiple thereof, dated May 15 , 1978 (except as othe rwise provided in the Ind ent ure), bearing interest from their date at the r ate of 6.75% per annum prior to maturity and at the rate of 7.75% per annum after maturity, payable semiannually on May 15 and November 15 in each year, com- mencing Noverr~er 15, 1978, and maturing on May 15 , 1999. The Bonds shall be payable , shall be ~ubjcct to redemption prior to maturity and shall be in substantially the form as provid e d in the Indenture . Pursuant to the Bond Purchas e Agreement the bonds shall be delivered to (4) • , I • n - (_ ( • • • ,. • the Purchaser at par plus accrued interest from May 15, 1978 to the date of their paymen t and delivery. The maximum net effective interest rate permitted for the Bon~s is hereby declared to be 8% per annum and the actual net effective interest rate on the Bonds is determined to be under all conditions and at all times during the life of the Bonds, less than such maximum rate. Section 4. The following determinations and findings are hereby made in accordance with Sections 29-3-113, 29-3-114 and 29-3-120 of the Act: (a) The amount necessary in each year to pay the principal of and the interest on the Bonds is as follows: Annual Period to and Interest Principal to be Annual Debt Including 'for such Retired in such Service May 15 Period Period · Requirement 1979 $513,000 $ 0 $513,000 1980 513,000 0 513,000 1981 513,000 0 513,000 1982 513,000 0 513,000 1983 513,000 0 513,000 1984 513,000 0 513,000 1985 513,000 0 513,000 1986 513,000 0 513,000 1987 513,000 0 513,000 1988 513,000 0 513,000 19 89 513,000 0 513,000 199 0 513,000 0 513,000 199 ] 513,000 0 513,000 199 : 51 3,000 0 5]3,000 199 3 513,000 0 513,000 199 4 513,000 0 513,000 1995 513,000 0 513,000 1996 513,000 0 513,000 1997 513,000 0 513,000 1998 513,000 0 513,000 1999 513,000 $7,600,000 $8,113,000 ( 5) • I • (0.>. ... • • • • (b) No reserve fund has been established nor is proposed to be established for 'the retirement of ' the Bonds or the maintenance of the Project and accordingly it will not be necessary to pay amounts into any reserve fund. (c) The terms under which the Project is to be refinanced provide that the Hospital shall maintain the Project and carry all proper insurance with respect thereto. (d) The revenues payable under the Agreement are sufficient to pay, in addition to all other requirements of the Agreement and this ordinance, all sums referred to in paragraphs (a) and (c) of this Section. (e) The revenues payable under the Agreement are suffici~nt t0 pay, in addition to all other requirements of the Agreement and this ordinance, all taxes payable pursuant to S~ction 29-3-120 of the Act. Section 5. The forms, terms and provisions of the Agre ement and the Indenture be and they hereby are approved and the City shall e nter into the Agreement and the Indenture in the forms of each of such documents pre- sented to the City Council at this meeting , with such changes therein as are not inconsistent herewith; and the Mayor is hereby authorize d and directed to execute and deliv e~ s~ch docum e nts and the City Clerk is hereby authorized and directed to affix the City seal to and to attest such documents. ( 6) • I • • ....... • • • .. Section 6. The form, terms and provisions of the Bonds, in the form contained in the Indenture, be and they hereby are approved, with such changes therein as are not inconsistent herewith; and the Mayor and the City Clerk are each hereby authorized and di~ected to execute the Bonds a nd each is authorized ·and directed to deliver them, and the seal of the City is hereby authorized and directed to be impressed on the Bonds. The signature of the Ma yor on the Bonds and the signature of the City Clerk on the Bonds shall be manual. S ection 7. The Mayor is hereby authorized to execute and deliver to the Trustee the written order of the City for the authentication and delivery of the Bonds by the Tru stee , in accordance with Section 2.6 of the Indenture. Sectioh 8. The First National Bank of Denver, .Denver, Colorado, is hereby appointed as trustee under the Inden t ure, thereby also serving as r~gistrar and paying agent und er the terms of the Indenture and Agre e ment. Section 9. The officers of the City shall take all action in conformity with the Act nec essa ry or reason - ably required to effectuate the issuance of the Bonds an d shall take all action necessary or desirable in conformity wi th the Act to refinance the Project and for carrying out, g iving effect to and consummating the transactions contem- p l~~e d by this ordinance , the Agreement and the I ndenture , inc lu ~~n~ without limitation the exec ution and delivery of any closing documents to be delivered in conne ction with the sale and delivery of the Bonds. (7) • I • • '( • • • .. • S ecti on 10. The cost of refinancing the Project will be paid out of the proceeds of the Bonds and none of them will be the general obligations of the City nor shall any of them , including interest there on, constitute the debt or indebtedness of the City within'the meaning of the Constitution or sta tutes of the State of Colorado or of the home rule charter of the City nor shall anything con- t~ined in this ordinance or in the Bonds, the Agreement, the Ind e nture, or a ny other instrument give rise to a pecuniary liability or a charge upon the general credit or taxing powers of the City, nor shall the breach of any agreemen t contained in this ordinance, or any instrument impose any pecuniary liability upon the City or any charge upon its general credit or against its taxing powers, the City having no power to pay out of its general funds, or otherwise contribute any part of the costs of refinancing the Project, nor'power to operate the Project as a business or in any manner, nor shall the City cond e mn any land or other property for th e Project nor cqntribute any land or other property to the Project. Section 11. After any of the Bonds are issued, this ordinance shall be and remain irrepealable until the Bonds and the in erest thereon shall have been fully paid, cancelled and discharged . Section 12. If any section, paragraph, clause or provi sion of th1s c '1 nance shall for any reason be held to be invalid or l ~nforceable, the invalidity of uncnforccability of SL C h section, paragraph, clause or provision shall not affect any of the rema ining provi- sions of this ordinance. {8) • I . ·. ( • • • • Section 13. All bylaws, orders, regulations, resolutions and ordinances, or parts thereof, of the City inconsistent herewith and with the documents hereby appcoved, are hereby repealed to the extent only of such inconsistency. This repealer shall not "be construed as reviving any bylaw, order, regulation, resolution or ordinance, or part thereof. Section 14. This ordinance, immediately on its final pass a ge and adoption, shall be numbered and recorded in the official records of the City kept for that purpose, authentica ted by the signatures of the Mayor and City Cle,rk,. and published by refere nce in The Englewood Herald Sentinel, ·· a newspaper published and of general ~i.rculation in the , . City. Section 15. This ordinance shall be in full force and effect·thirty (30) days after its publication following its final passage. INTRODUCED, PASSED ON FIRST,READING, AND ORDERED PUBLISHED this June 5, 1978. Mayor (SEAL) ATTEST: (9) '• .... I • • ---( • • • • I, William D. James, City Clerk of the City of Englewood, Arapahoe County, Colorado, do hereby certify · that the above is a true and correct copy of an ordinance in~roduced, passed on first reading, 'and ordered published in full in The Englewood Herald Sentin~l at a regular meeting of the City Council on the 5th day of June, 1978. (SEAL) Attest: C~ty Clerk Published in The Englewood Herald Sentinel. First publication June 7 1978. (10) • I • • • • day of (SEAL) Attest: • • • FINALLY PASSED, ADOPTED, AND APPROVED this ----------' 1978. Mayor C1.ty Clerk Publis hed in The Englewood Herald Sentinel. Second publica- tion (i.e., publication by reference after final passage) , 1978. We, James L. Taylor, Mayor, and William D. James, City Clerk, of t~e City of Englewood, in the County of Arapahoe and State of Colorado, do hereby certi:y that the above and foregoing ordinance is a true and correct copy of the ordinance introduced, passed, and approved on first reading at the regular meeting held on the 5th day of June, 1978, published in full in The Englewood Herald Sentinel on the day of , 1978, introduced a second time, finally passed, adopted and approved, without any amendment, on the day of , 1978, and pub- lished a second time by reference in The Englewood Herald Sentinel on the _____ day of , 1978. (SEA L ) Attest: C1.ty Clerk (11) Mayor • I • • ·p . ( • f'~ ' ( • • • - IN'fRODUCED AS A BII~L B"i COU!'JCILMA N BY AUTHORITY ORDINANCE NO . , SERIES OF 1978 AN ORDINANCE AUTHORIZING THE ~SSUANCE OE' $7, 600, 000 HOSPITAL REVENUE BONDS (THE SWEDISH MEDICAL CENTER PROJECT), SERIES 1978 TO REFINANCE CERTAIN OUTSTAND- ING OBLIGATIONS OF THE SWEDISH MEDICAL CENTER; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, INDENTURE OF TRUST, CLOSING DOCUMENTS AND SUCH BONDS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE ,SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SUCH REFINANCING; AND REPEALiNG ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. WHEREAS, the City of Englewood, in the County of Arapahoe and State of Colorado (the "City"), is a legally and r~gularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the Sta te of Colorado and the Charter of the City; and (1) • t I • • • • • - WHEREAS, the Colorado County and Munic.ipality Development Revenue Bond Act, Article 3, Title 29 of Colo- rado Revis e d Statutes 1973, as amended (the "Act") author- izes counties and municipalities to finance, refinance, acquire, own, lease, improve, and dispo~e · of properties to the end that more adequate hospital care may be pro- vided, wh ich promotes the public health, welfare, safety , convenience, and prosperity; and WHEREAS, the Act -further authoriz e s counties and municipalities to refinance any obligations previously incurred to finance or aid in financing of hospital, health- care, or nursing home facilities which would constitute a project within the meaning of the Act had such facilities been originally undertaken and financed by a county or municipality pursuant to the Act; and WHEREAS, the Act furth e r authorizes counties and municipalities to issue revenue bonds for the purpose of defraying the cost of· refinancing any project constituting hospital, health-care or nursing home facilities and all incidental expenses incurred in issuing such bonds and to secure the payment of such bonds as provided in the Act; and WHEREAS, The Swedish Medical Center , a nonprof i t corporation, organized and existing under the laws of the State of Colorado (the "Hospital"), has pr ~sente d to the City a proposal whereby the City will, pursuant to the Act , refinance First Mortgage Bonds, Series 1973, and First Mort- gage Bonds, S e ries 1974, of the Hospital which were issued to finance the construction, renovation and remodeling of hosp ital facilities (the "Project") owned and operated by the Hospital in the City, which Proj ec t .would constitute a "pro ject" within the meaning of the Act had such hospital (2) • I • • • • - facilities been originally undertaken and financed by a county or municipality pursuant to the Act; and WHEREAS, Hospital Revenue Bonds (The Swedish Medical Center Project), Series 1978 in the aggregate principal amount of $7,600,000 (the "Borids") will be issued and delivered by the City to The Aetna Casualty and Surety Company (the "Purchaser"), to pay the cost of refinancing the Project and costs incidental to the authoriza tion , issua nce and sale of the Bonds; and WHEREAS, concurrently with the issuance of the Bonds, the Hospital will enter into a financing agreeme nt with the City providing for payments sufficient to pay the principal of, premium, if any, and interest ·on the Bonds and to meet other obl~§ations as herein and therein provided; and WHEREAS, on April 17, 1978, the City Council adopted a resolution whereby the City agreed to authorize the issuance and sale ·of the Bonds, it being understood that no costs of issuance and sale were to be borne by the City and that the necessary financing documents were sub- ject to formal approval by ordinance of the City Council pursuant to the Act; and WHEREAS, on May 15, 1978, pursuant to a resolu- tion duly adopted on that date by the City Council, the City, the Hospital and the Purchaser entered into a Bond Purchase Agreement (the "Bond Purchase Agreement") under which the Bonds were sold by the City to the Purchaser; and m!EREAS, there have been presented to the City Council: (1) the proposed form of Financing Agreement dated as of May 15, 1978 between the Cit!y and the Hospital (the "Agreement") and (2) the proposed form of Indenture ( 3) • I • • • • • - of Trust dated as of May 15, 1978 (the "Indenture") be- tween the City and The First National Bank of De nve r, as Trustee (the "Trustee"). NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,, COLORADO: Section 1. All action (not inconsistent with the provisions of this ordinance) heretofore taken by the City Council and the officers of the City directed toward the ref inancing of the Project and the issuance and sale of the Bonds therefor be, and the same is hereby, rati- fied, approved and confi rmed. Section 2. The City shall refin a nce the Project by loaning the proceeds of the Bonds to the Hosp ital in accordanc e with the pro visions of the Agreeme nt for the purposes described above. Section 3. To defray the cost of refinancing the Project the re is hereby authorized and created an issue of hospital revenue bonds d e si4na ted "City of Engle- wood, Col orado , Hospital Revenue Bonds (The Swedish Medical Center Project), Seri e s 1978" in the aggregate principal amount of $7,600,000 issuable as fully registered bonds in the denominati ons of $5,000 and any integral multiple thereof , dated May 15 , 1978 (except as otherwise provided in the Indenture), bearing interest from their da te at the rate of 6.75% per annum prior to maturity and at the rate of 7.75% per annum after maturity, payable semiannually on May 15 and November 15 in each year, com- mencing November 15, 1978, and maturing on May 15, 1999 . The Bonds shall be payable , shall be ~ubject to redemption prior to maturity and shall be in substantially the form as prov1d e d in the Indenture. Pursuant to the Bond Purchase Agre ement the bonds shall be delivered to (4) • I • .r--\ ~ • • • • • the Purchaser at par plus accrued interest from May 15, 1978 to the d ate of their payment and delivery. The maximum net effective interest rate permitted for the Bon~s i s hereby declared to be 8% per annum and the actual net effective interest rate on the Bonds is determined to be under all conditions and at all times during the life of the Bonds, less than such maximum rate. Section 4. The following determinations and findings are hereby made in accordance with Sections 29-3-113, 29-3-114 and 29 -3-120 of the Act: (a) The am ount necessary in each year to pay the principal of and the interest on the Bonds is as f ollows: Annual Period to and Interest Principal to be Annual Debt Includ ing 'for such Retired in such Service May 15 Period Period · Requirement 1979 $513,000 $ 0 $513,000 1980 513,000 0 513,000 1981 513,000 0 513,000 1 982 513,000 0 513,000 1983 513,000 0 513,000 1984 513,000 0 513,000 1985 513,000 0 513,000 1986 513,000 0 513,000 1987 513,000 0 513,000 1988 513,000 0 513,000 1989 513,000 0 513,000 199 0 513,000 0 513,000 199 1 513,000 0 513 ,0 00 199 : 513,000 0 513,000 1993 513 ,000 0 513,000 1994 513 ,000 0 513,000 1995 513,000 0 513,000 1996 513,000 0 513 ,000 1997 513,000 0 513,000 1998 513,000 0 513,000 1999 513,000 $1,600,000 $8,113,000 (5) I • • I • • • • • (b) No r ese rve fund has been established nor is proposed to be established for 'the retiremen t of the Bonds or the maintenance of the Project and accordingly it will not be necessary to pay amounts into any reserve fund. (c) The terms under which the Proj ec t is to be refinanced provide that the Hospital shall maintain the Project and carry all proper insuran ce with respect thereto. (d) The rev enu es payable under the Agreement are sufficient to pay, in addition to all other requirements of the Agreement and this ordinance, all sums referred to in paragraphs (a) and (c) of this Section . (e) The revenues payable under the Agreement are suffici~nt t0 pay, in addition to all other requirements of the Agreeme nt and this ord i nance, all taxes payable pursuant to S~ction 29-3-120 of the Act. Section 5. The forms, terms and provisions of the Agreement and the Indenture be and they hereby are approved and the City shall enter into the Agreement and the Indenture in the forms of each of such documents pre- sented to the City Council at this meeting, with such changes th e rein as are not inconsistent herewith; and the Mayor is hereby authorized and directed to execute and delive~ such docume nts and the City Clerk is hereby authorized and directed to affix the City seal to and to attest such documents. (6) I • • • • • • • S ec t i on 6. The form, terms and provisions of the Bonds, i n the f orm conta i ned in the Indenture, be and they h e reby are a p p r oved, with such changes therein as are not inconsist e nt here with; and the Mayor and the City Clerk are ea ch here by authorized and dire~ted to e xecute the Bonds and each is authori zed 'and directed to deliver them, and the seal of the City is hereby authori z ed and directed to be impre sse d on the Bonds. The signature of the Mayor on the Bo nds and the signature of the City Clerk on the Bonds shall be ma nual. Section 7. The Ma yor is hereby authorized to execute and d e live r t o the Trustee the written orde r of the City for the a u t hent i cation and delivery of the Bonds by the Trus te e, i n accordance with Section 2.6 of the Indenture. Se c tioh 8. The First National Bank of Denver, . Denver , Co l orado, i s h e reby appo i nted as trustee under the Inde n t ure , t h e r e by al~o servi ng as r~gist~ar and paying agent u n der the te rms of the Ind e nture and Agreement. S ection 9. Th e office rs of the Ci t y sha ll take all action in conformity with t h e Act necessary or reason- ably required to effectuate the issuance of the Bond s and shall take all action necessary or desirable in conformity wi t h the Act to refinance the Project and for carrying out, giv in g effect to and consummating the transactions contem- p l ~~e d by this ordinance, the Agreement and the Indenture , i~cl u~!n~ without limitation the execution and delivery of any closing documents to be delivered in connection with the sale and delivery of the Bonds . (7) • I • • • r • • • • S e ction 10. The cost of refinanci ng the Project will be paid out of the proceeds of the Bonds and none of them will be the ge n e ral obligations of the City nor sha ll any. of th em , in cluding i nterest ther e on, constitute the debt or indebtednes s of the City within"the meaning of the Constitut ion or s tatutes of the State of Colorado or of the home rule charter of the City nor shall anythi ng con- t3ined in this ordinance or in the Bonds, the Agreement, the Indenture , or any other instrument give rise to a p e cuniary liability or a charge upon the general credit or taxing powers of the City, nor shall the breach of any agre ement contained in this ordinance, or any instrument impose any pecuniary l iab ility upon the City or any charge upon its general credit or against its taxing powers, the City having no power to pay out of its general funds, or otherwise contribute any part of the costs of refinancing the Proje c t, nor"power to operate the Project as a business or in any manner, nor shall the City co~demn any land or other pro per ty for the Proj ect nor c~ntribute any land or other property to the Project. Section 11. After any of the Bonds are issued, this ordinance shall be and remain irrepealable until the Bonds and the interest thereon shall have been fully paid, cancelled and discharged. Section 12. I f any section, paragraph, clause or provi s ion o f this c · i i nance shall for any reason be held to be invalid or L~e nforceable, the invalidity of unenforceability of s uch section, paragraph , clause or provision shall not affect any of the remaining provi- sions of this ordinance . ( 8) • I • • • • • • Section 13. All bylaws, orders, regulations, resolutions and ordinances, or parts thereof, of the City inconsistent herewith and with the documents hereby ap~roved, are hereby repealed to the extent only of such inconsistency. This repealer shall not ·b~ construed as reviving any bylaw, order, regulation, resolution or ordinance, or part thereof. Section 14. This ordinance, immediately on its final pas sage and adoption, shall be numb ered and recorded in the officia l r ecords of the City kept for that purpose, authenticated by the signatures of the Mayor and City _ Cle~k,, and published by reference in The Englewood Herald S~~tinel, a newspa per published and of general ~irculation in the City. ' Section 15. This ordinance shall be in full force and effect·thirty (30) days after its publication following its final passage. INTRODUCED, PASSED ON FIRST,READING, AND ORDERED PUBLISHED this June 5, 1978. Mayor (SEAL) ATTEST: {9) • I i i I ~· 1 f I . - • • • • I, William D. James, City Clerk of the City of Englewood, Arapahoe County, Colorado, do hereby certify · that the above is a true and correct copy of an ordinance int-roduced, passed on first reading, ·and ordered published in full in The Englewood Herald Sentin~l at a regular meeting of the City Council on the 5th day of June, 1978. (SEAL) Attest: C1ty Clerk Published in The Englewood Herald Sentinel. First publication June 7 , 1978. (10) • I . • d ay of (S EAL) Attest: • • • FINALLY PASSED, ADOPTED, AND APPROVED this -----------' 1978. Mayor C1ty Clerk P ublished in The Englewood Herald Sentinel. Second publica- tion (i.e., publication by reference after final passage) _, 1978. We, James L. Taylor, Mayor, and William D. James, City Clerk, of t~e City of Engl ew ood , in the County of Arapahoe and State of Colorado , do hereby certi~y that the above and fore going ordinance is a true and correct copy of the ordinan ce introduced, passed, and approved on first reading at the regul ar meeting held on the 5th day of June, 1978, published in full in The Englewood Herald Sentinel on the ___ day of , 1978, introduced a second time, finally passed, adopted and approved , without any amendment, on the day of , 1978, and pub- lished a second time by reference in The Englewood Herald Sentinel on the day of , 1978. (S EAL) Attest: C1ty Clerk Mayor (11) I • • - • • • • • Ir< THE ;)!STRICT COL RT I N AND FO R THE COUNTY OF ARAPAHOE STATE OF CO LORADO Civi l Ac tton No . 36660 , Div1sion LESTER H. IlOL EJ ACK , vs. CIT 'i OF EiJGLt::WOOO, a NunicJpal corporation , KATHERINE R.ECOR an d EDEN RE COR , d/b/a KA THIES I MPORT CHAL ET, VERDON WAGGONER dnd JAH[;S \;ARDELL, STIPULATION IN SETTLEMENT AND FOR DISMISSAL Defendants. CO~ffiS NOW the Plaint iff herein , Lester H. Bo lejack# by his ilttor neys , Folkestad & WJ t hers, the Defendant, Ci ty of Englewood, by Rick DeWi tt , Assis t ant Ci ty Attorney , and the De fendants , Katherine Re cor and Cden Reco r, d/b/a Xathiee Import Cha let, by their attorneys, Branney ' Hillyard, and Defendants, Verbon h'aggone r and J ames Warde l l hav1nq failed to appear o r an s wer in this matter a n d a default havtng been entered aga1nst those De fendants, t h e Pla1nt1 ff and the above named Defendants Stlpulate as follows: 1. That the Plaint1 ff, Lester H. Bole j ack, owns and is ent1 led to possession of the following : (a) 7'9" Grandfather clock , dark brown wood (Item 12 "appra~sal a n tique clocks and miscellaneous items", dated Apr1l 29, 1973) As set forth >n paragraph 3 (a) of Plaintiff 's Compla1nt filed herein. (b) Cyl>nder music box (Item 119 "appra isal ant1que clocks and mi sce llaneous items", dated Apr>l 29 , 1973) As set forth >n paragraph 3 (c ) of Pla>n iff's Compla i n t f>led here>n. (c) D·ark brown cylinde r mUSlC box (Item 1 21 "appralsal an 1que clocks and miscellan- etous 1temsu, dated Apr 11 29 , 1973 ) As set forth >n par graph 3 (d) of Pia>ntiff'a Complalnt f>led herein . • 6 I • • , • • • • (d) Brown music box, six songs, Serial Number 33595 (Item <122 "appraisal an tique clocks and miscellaneous Jtems•, dated Aori l 29, 1973). As set forth in paragraph 3 (e) of Pla1ntiff's Compla1nt filed herein . (e) Grandfather Clock carved case CmarMed as ev1dcnce IC-62, Englewood Police Department). As set forth in par~graph 3 (J) of Plaint>ff's Com~la1nt ftled herein . 2. 1'hut the Def0ndan s, Ka he r1nc Rccor and Ld...:-n Recor, d/b/a as Katlu s I mport Chalet, o wn and are cnL ltled t o possession of the following: (a) Tempus Fuog1te grandfathe r clock, dark brown wood (Ite m 19 "app ra1sal ant1que clocks and m1scellaneous items•, dated April 29, 1973. As set forth 1n para- graph 3 (b) of Pla>ntiff' s Complaint filed herein. (b) Violin shaped clock case (Item 133 "appra.1.sal an tique clocks and mJ.scellan- eou s items", dated April 29. 1973)~ As set forth >n paragraph 3 (f) of Pla>nt>ff's Complaint filed herein. (c) Regina Music Box, {Marked as ev1dence (fC-61, Englewood Police De partment). As set fo rth in paragraph 3 (i) of Plaintiff 's Complaint filed herein. 3. Those clock work s and counter weights as set forth in paragraphs 3 (g) and (h) shall be d1vided between Plaintiff Lester H. Bolej ack, and Defendants, Katherine Reeor and Eden Recor, d/b/a Kathies Import Chalet, as the same relate to the clocks stipulated to be the property the Pla>n- tJ.ff and Defendants respectlvely as set forth above. 4. The Pla>nttff, Lester H. Bole)ack, shall pay to the City of Englewood pr1or t o h\s receipt of the 1tems s ated above from the C>ty of Enqlewood the sum of $476 .49 Jn sh tpplng charges. 5. Th~ De!endan s , Katherine Recor and Eden Recor, d/b /a K~th1~s lm~ort Chalet , shall p~y prior to the>r receipt of the Items l1sterl above ho> sum of $533.06 to the City of Fnq l r·wood . 6. The abov<' amounts sh,, 11 be paid to the City h r:n lPWOc.ld ('Jty Hall to A.rcount No. 02-00-7382 -2- • I • • - • • • • • wh ereupon the said City of Englewoo d shall provide the Pla intiff and Defendant r os pect1vely w~th a r eceipt, which would present it to the agent of the Ci ty of Englewood act1ng a s custodian of the above named items shall be sufficient to procure the1r release from the C1ty of Englewood. 7. Plai n tiff, Lester lt. Bolejack., and Defendants, KatherL ne Recor and Eden Re co r, d/b/a Kathies Import Chalet , stipulate and agree that the ltems that they have received and w1ll r ece1ve have no been damage d and should they in fact be damaged while 10 the custody of the City of E n g l e wood, agree \o hold the sa1d City of Englewood harml e ss fo r any d~maga that may have o=currcd. Lester H. Bolejack Katherine Recor Eden Recor The City of Engl e wood Mayor, James Taylor Ex officio City Cle rk-Treasurer C1ty of Englewood W~ll1am o. James -3- RLSPLCTFULLY SU BMI TTED , FOLKESTAD ' WITHERS B : James B. F o lkestad, Reg. No. 4 71 Attorney for Plaintiff 31 4 Wilcox Street castle Rock, Colorado 8010 4 Telephone: 688 -304 5; 688-4724 BRANNEY & HILLYARD By: . Neil H1llyard, ""R"'e-=g:-.-;;N;:o-,5"'2'"'4"'5~-- Attorney for Defendants Katherine Recor ' Eden Recor d/b/a Kathies Import Chalet 37 5 5 s. Broadway Lnglewood, Colorado 80110 Telephone : 761-5600 CITY OF ENGLEWOOD, A COLORADO MUNICIPAL CORPORATION, BERNARD V. BERARDINI CITY ATTORNEY R1ck DeW1tt, Reg. No. 4795 Ass istant City Attorney 3400 S. Elati Englewood, Colorado 80110 Telephone: 761-11 4 0 • I • • , • • • • I:; THE ;JISTRICT COuR T IN AN D FOR THE COUSTY OF ARA PAH OE STATE OF COLO RADO Clv~l Act1on No . 36660 , Div1 s ion LESTER H. BOLEJACK, Pla>ntlff , vs. CITY OF EIIGLCWOOD , a 'lunic>pal corporation , Kli.THERH~E Rr:COR and EDEN RECOR , d/b/a KATHIE S I MPORT CHALET , VCRlJON WAGGONER and JMIES IVARDELL , ST IPULAT I ON IN SETT LEMENT AND FOR DI SMISSAL Defendant s. COMES NOW the Plaint 1 f f herein, Leste r H. Bol ejac k. by h1s attorney s , Folkesta d & Wi the r s , the De fendant , Ci t y of Englewood , by Rlck DeWl t t, Assista n t Ci ty Attorne y, and the Defendants , Kather1ne Recor and Ed en Re c or, d /b /a Ka t h ie s Import Chalet , by the1 r atto r n e y s , Branney ' Hillyar d, and Defendant s, Ve r bon Naggon er a n d J a me s Wa rdel l hav i n g failed t o appear o r an s wer i n t h1s ma t ter a n d a default h av ing be en e ntere d a g ainst t hose De f e nda nt s, the P lain t i ff a n d the above n ame d Defe ndant s Stlpul a te as foll ows : 1. That the Plaint1ff, Lester H. Bolejack , o wn s and is entitled to possession of the following: (a) 7'9" Grandfather clock , da rk bro wn wood (Item f2 "appra1sal antiqu e clocks and miscellaneous 1tems", dated Apr1l 29, 1973) As set fo r th in paragraph 3 (a) of Plaint1ff's Complain t filed here1 n . (b) Cyl>nder music box (Item 1 19 "a p p r aisal antique clocks and m1scellaneo u s items ", dated Apr>l 29 , 1973) As set fo r th in paragraph 3 (c) of Pla1ntiff's Complai n t fUed herein. (c) o"ark brown cylinde r music b o x (Ite m 1 21 "appraisal antique clocks and ml.sce l la n - eous Items", dated Apr>l 29, 1973 ) As set forth 1n paragraph 3 (d) of Plaintiff 's Compla>nt f>led here1n. • I • • ( ' • • • • (d) Brown mu s ic box, six songs, Serial !lumber 33595 (Item #22 "appra i s al a nttque clocks and miscellan e o us ~terns•, dated Ao r·il 29, 1973). As set forth 1n paragraph 3 (e ) o f Plaintiff's Compla1nt fi l ed h ereir.. (e) Grandfather Clock carved case {ma rMed as e v idence IC-62 , Englewood Police Depa r tment). As s et forth in patagraph 3 (J) of Platnttff's Compla1nt f1led herein . 2. That the Oefe:ndants, Kathe rine Recor an d L:U e n Recor , d /b /a as Kathies Import Chalet , o wn and are ~ntitle d t o posse ssion of t~e f ol lowing: (a ) Tempus Fuogite gra ndfather clock, da r k brown wood (ltem t9 .. appraisal antique clocks and m1scellaneous items •, dated Aprtl 29, 1973. As set forth i n para - graph 3 (b) of Plaintiff's Compla i n t ftlcd herein. (b) Vtoltn shaped clock case (Item 133 ''appra1sal ant 1que clocks and mlscellan - eous items", dated April 29, 1 9 73). As set forth tn pa r agraph 3 (f) of Pl a i n tiff's Compla~nt f i led he r ein. (c) Re g1na Mus1c Box, (M ark ed as ev1 d ence (IC-61, Englewood P olice De pa rtme nt). As set f orth in paragra ph 3 Ci l of Plaintiff •s Complaint filed here1n. 3. Those clock works and counter we ig ht s as set forth in paragraphs 3 (g ) a n d 3 (h) shall be dtvided between Plaintiff Lester JL Bolejack, and Defendants , Kat h er i ne Recor and Eden Rccor, d/b/a Kathtes Import Chalet, as the same relate to the clocks stipulated to be the prope r ty the Plain- t1ff and Defendants respectively as set forth above. 4 . The Plaintiff, Lester H. Bole)ack, shall pay La the C1ty of Englewood prior to his rece1pt of the items stated above from the Ctty of Englewood he sum of $476.49 1n s h1pping charges. S. Th~ Defe ndants, Katherine Recor and Eden Recor, d /b /a Ka t h t C's Jmj.Jort Chalet, shall p~y pr1or to thelr rcoce1pt of th<' tlPm l ts ted a bovC" thtJ sum of $t;)3.06 o the City o f P.n .l}l'WOOd. b . The above tlmounts &hilll be p.Jid to the C1ty nf Fnq J c·,.,o o d 1t thn r.n'llt""wnn d C tly Hall o A.rcount No. 02-00-7382 -2- • I • • - { • f • • • • whereupon the said City of Englewood shall provide the Plaintiff and Defendant r espectively with a receipt, which would present it to the agent of the City of Englewood act~ng as custodian of the abo ve named items shal l b e sufficient to procure the~r rel ease from the City of Englewood. 7. Plai nt1ff , Lester II. Bolejack , and Defendants , Ka therine Recor and Eden Re cor, d /b /a Kathies Import Ch ale t, stipulate a nd agree that the items tha t they ha v e r eceiv ed and wil l r eceive have not been damaged and should they in fact be damaged while in the custody of the City of Eng l e wood, agree Lo hold the said City of Englewood harmless for any damage that may have o=currcd. Lester H. Bolejack Katherine Recor Ed en Recor The C,ty of Englewood Mayor, James Taylor Ex offic1o City Clerk-Treasurer c,ty of Englewood William D. James -3- RESPECT~ULLY SUBMITTED, ~OLKESTAD & WITHERS B : J ames B . Folkestad, Reg. No. 471 Attorney for Plaintiff 314 Wi lcox Street Castle Ro ck, Colorado 80104 Telephone: 688-304 5; 688-4724 BRANNEY ' HILLYARD By: >;eil H,Uyai'd;'" Reg. No 5245 ALt orney for Defendants Kather1ne R cor ' Cden Recor d/b/a Kath,es Import Chalet 3755 S. Broadway ~nglewood, Colorado 80110 Telephone : 761-5600 CITY 0~ ENGLEWOOD, A COLORADO MUNICIPAL CORPORATI ON, BERNARD V. BERARDINI CITY ATTORNEY R,ck DeW,tt, Reg . No. 4795 Ass ist an C1ty Attorney 3400 S. Elat> Englewood, Co lorado 80110 Telephone: 761-11 4 0 • I • • ( • • • • IN T HE DISTRICT COU RT H I AND FOR THE COUNTY OF ARAPAHOE STATE OF COLORADO Civ il Action No. 36660, D1v1sion LESTER H. BOLEJACK , Plaint1ff, vs. C ITY OF E!IG LE \vOOD , a Muni c 1pal corporat1 o n, KATHERINE RECOR and EDEN RECOR , d /b /a KATHIES IMPORT CHALET, VERJ30N WAGG ONER dnd JA~ffiS WARDELL, STIP ULAT ION IN SETTLE MENT AND FOR DISMI S SAL Defendant s. CO MES NOW the Plain tif f herein , Leste r H. Bol ejack. by his a ttorneys , Folkestad &. Wi t hers, the Defendant , City of Englewood, by Rick DeWitt, Assistan t City At torney, and the Defe ndan ts , Katherine Re cor and Cden Recor, d /b /a Kathies Import Chalet , by thei r a ttor neys, Branney & Hillyard, and Defendants , Verbon \Vaggon e r a nd J ames \~a rdell havi ng fai led to appear or answer in this matter and a default having been entered against those Defe ndants, t he Plaintiff a nd the above named Def e ndants Stlpulate as follows: 1. Th at the Pla in tiff, Lester H. Bole j ack, owns and is entltled to possession of the following: (a) 7 '9" Grandfather c lock, dark brown wood (Item 12 "appraisal antique clocks and m~scel la neo us ite ms", dated Apr~l 29, 19 73) As set fo rth in p a ragraph 3 (a) of Plaintiff 's Comp laint filed he re in. (b) Cylinder music box (Item 119 "appra isa l antique clocks and miscel lane ous items", dated April 29 , 1973) As s et fo rth in paragraph 3 (c) of Pla i ntiff's Complaint f >led he r ein. (c) D~rk bro wn cylinde r music box (Item 1 2 1 "appraisal ant~que c locks and miscellan- eous ltems ", dated Apr il 29, 1973) As set forth 1 n pa r ag raph 3 (d) of Plaint>ff's Compla1nt filed here in. • I • { ( • • • - (d) Brown mus1c ~ox, s~x songs, Serial Number 33595 (Item <22 "appraisal a nttque clocks and miscellaneous nems", dated A:>dl 29, 1973). As set forth 1n paragraph 3 (e) of Pla~nt1ff's Compla lnt filed herein. (e) Grandfa ther Clock ca rved case (mar ~d as e vidence tC-62 , Englewo od Police Depa r tment). As set forth 1n paragraph 3 (J) of Pla1nt1ff's Complaint f1led hc re1n . 2. 'I'hat the Def~ndants, Kathcr1nc Recor and L:dcn Rccor , d /b/a as Katlues Import Chalet, o wn and are ~nl itled to possession of t~e following : {a) Te mpus Fuog1te grandfather clock, dark brown wood (Ite m 19 "appra1sal antique clocks and mis ~e llan eou s items•, dated April 29, 197 3. As s et forth in para - graph 3 (b ) o f Plaintiff's Complaint f Llcd he r ein. (b) V1oli n shaped clock case (Item t33 "appraisal antique clocks and miscellan - eous items", dated April 29 , 1973). As set forth ~n pa ragraph 3 (f) of Plaintiff's Complaint fi led here in. (c ) Reg~na Music Box, (Marked as evidence (IC-6 1, Eng l e wood Polic e De partment ). As set fo r th i n parag ra ph 3 (i ) of Plaint iff 's Complaint filed herein. 3. Those clock works and counter weights as set forth in paragraphs 3 (g ) a nd (h) s h all be divid e d between Plaintiff Lester H. Bolej ac k, a n d Defendants, Kather ine Recor and Eden Recor, d/b/a Ka thi es Import Chalet , as the same relate to the clocks st1pulated to be the property the Plain- t~ff and Defendants respectiv ly as set forth above. 4. The Pla1ntiff, Lester H. Bolejack, shall pay to the C ity of Englewood prior t o his receipt of the items sta ed above from the C1ty of Englewood the sum of $476.49 1n sh 1pp~ng charges. S. The Def ~nda nt s, Katherine Recor and eden Recor, d/b /~ K~tl11rs Tmp ort Cha let, stlal l p~y pr1or to their receipt of thC' ttPms ltsted above tho sum of $')33.06 to the City of f.nq] f•wood. b. The above ctmoun ts shall be p.Jid to the C1ty r;f F:nt)lP-NOOtl tt thr" r.nfllr>wnod Ctly Hal] lo AC"count No. 02-00-7382 -2- • I • - ( • • • .. • whereupon the said C1ty of Englewood shall provide the Pla1ntiff and Defendant r c spect1vely w1th a receipt, wh ich would present i t to the agent of the C1 ty of Eng lewood act1ng as custod~an of the above named 1tems shall be suff1cient to procure their release from the City of Englewood. 7. Pla1nt1ff, Lester lt. Bol ejack , and Defendants, Katherine Recor and Eden Recor , d/b/a Kat h1es Import Chale t, stipulate and agree that the items that they have received and wi ll r eceive have not been damaged a nd should they in fact be damaged "''hlle in the custody o f the City of Englewood, ag r ee to hold the said City of Englewood harmless for an y damage that may have o ccur r e d. Leste r H. Bolejack Katherine Recor Ed en Recor The C1ty of Englewood Mayor, James Taylor Ex offi c io CltY Clerk-Treasur e r C>ty of Englewood W1ll~am o. James -3- RESPECTFU LLY SUBMITTED, FOLKESTAD ' WITHERS B : J ames B. Folkestad, Reg . No. 471 Attorney for Plaintiff 314 Wilcox Street Ca stle Rock, Colo rado 80104 Telephone: 68 8-304 5; 688-472 4 BRANNEY & HILLYARD By: . Nei l H>llyard, "R~e~g~.~N~o~5~2~475 ____ _ Attorney fo r Defendan ts Katherine Recor & Eden Recor d/b/a Kathies Import Chalet 3755 S. Broadwa y englewood, Co lorado 80110 Telephone: 761 -5600 CITY OF ENGLEWOOD, A COLORADO MUNICIPAL CORPORATION, BERNARD V. BERAROINI CITY ATTO RNEY R1ck De Wltt, Reg . No. 4795 Assistant City Attorney 3400 S. Elati Englewood, Co lorado 80110 Telephone: 761-11 4 0 • I • - (( ( ( • • • • ll1 THI: :>!STR I CT COURT 111 AN D FO R THE COUNTY OF ARA PAH OE STATE OF CO LORADO Civ~l Ac~ion No. 36660 , Div isi o n LI:STEI< H. 80LEJACK , Pla~ntlff, vs. STIPULA T ION I N SETTLEMENT AND FOR DISMI SSAL CITY OF E:GLrWOOD , a ~un1c1pal corpora 10n, KMTHERI~E RECOR und EDE:l RE:COR , d/b/a KATHI ES IMPORT CHALET , VERBON '-'AGGON E R dnd JAI-IES WAR DELL, Defendants. COMES NOW the P la1nt1f f he re1n, Le ste r H. Bole)ack, lJy hls a ttorneys , Folkcstad & Wither s , the De fenda nt, City of Englewood , by R1ck DeW1tt , Assista nt C ity Attorney, and the Defendants, Kather1ne Recor and £den Recor, d /b /a Kathies Import Chalet, by heir attorneys , Branney ' Hillyard. and Defendants , Verbon \-Jaggoner and Jame s Wa r d ell hav i ng failed to appear or answer 1n thlS matter and a d efau l t h aving been ente r e d aga1nst those Defend ants , t h e Pla in t i ff and t h e above name d Defendants stlpulate a s follows: 1. That the Pla1nt1ff, Lester H. Bo1eJ a c k, owns and 1s entlLled to possession of the following: (a) 7'9" Grandfather c lock , da r k brown wo o d (Item 1 2 "appraisal antique clocks an d miscellaneous 1tems", da ted Apr1l 29, 1973) As set forth 1n paragraph 3 (a) of Plaintlff's Comp1atnt f1led here1n. (b) Cyl1nder music box (Item 119 "appra1sa1 a nt1que clocks and m1scellaneous 1tema•, dated Aprtl 2 9, 1973) As se forth tn paragraph 3 (c) of Platnt1ff's Complaint ftled heretn. (c) Dark brown cy11nder music box (It~m 1 21 •appra1sal ant1que cloc ~s and mlscellan- eous 1tema•, dated Apn1 29, 1973) As s t forth 1n paragra?h 3 (d) of Pla1ntiff'a CoMpla1nL f1led here1n. • I • • ) ( ( ( • • • • (d) Brown mus ~c box , six songs, Serial Number 33 5 95 (Item *22 "appraisal an tique c l ocks and miscellaneous ~terns", dated Ao1 ·i1 29, 1973). As set forth 1n paragraph 3 (e) of Pla~nt~ff 's Co mpla i n t filed herein. (e ) Grandfather Clock carved case (rnarMed as evidence tC-62, Englewood Pol ice Depa rtment). As set forth 1n parag raph 3 (J ) of Plaintiff's Compla i nt f1.led h e rein. 2 . Th<l t the Defe nda n ts, Kathc r1.nc Recor and Lc.lcn Reco r , d/IJ/a as Kath i e s Import Chal e t, o wn and are 0nL itl e d t o po sse ssion of the f o llowi ng: (a ) Te mpus Puogite grandfather clock, dark b rown wood {ltem *9 "appraisal antique c locks and miscel lan eous items", dated Aprtl 29, 1973. As s e t forth in para- graph 3 (b ) o f Plaintiff's Complaint filed herein. (b) Vtoltn sh aped c lock case (Item J33 "appraisa l an tiq ue clocks and misce llan- eous items", dated April 2 9, 1973). As set fort h 1n paragraph 3 (f) o f Plaintiff's Complaint fi l e d herein. (c) Reg~na Mus~c Box, (M a rked as ev1dence (IC-61, Englewood Police Department). As set forth 1n paragraph 3 (i) of Pla1ntiff 's Compla1nt filed herein. 3. Those clock works and counter w ights as set forth in paragraphs 3 (g) and (h) shall be dt v ided be ween Pl ain 1 ff Le ster H. Bolejack, and Defenda nts , Kather i ne Recor and Eden Re c o r, d /b /a Kathle s I mp o rt Chalet, as the same rcl a e to t he cloc ks sti pu lated t o be tho prope r ty the Pla1n- t1f f a n d Defenda nts r espec t1vely as set fort h above. 4. The Pl atn t iff, Le ster H. Bolejack, s h al l pay to the C1ty of Enq lewood pr1o r t o h is r eceipt of the 1tems s a ed above f rom tho C1ty of Englewood the sum of $47 6.49 1n sh 1pp 1ng charqcs. 5. The Defendants, Ka the rine RPcor and Ld e n Recor, d/0/a KathH•s l mvort Chalet , sha l l p ll y pr1 o r to t h e1.r r('ceipt of hf' 1 f·m ltsted 1bov c the sum of sr,J ).0 6 o the Ci y o f Enqlt>wood . Th l~VP amounts sh~tt be p ~id o the Ct ty of t:nrylewood tt th,.. rnqlf"'WOtHl tt y ll a l l t.<' Af"co u nt No . 02-00-1 3 8 2 -2 • • I • • ( ( ( • • • .. wh e r e upon the said C1ty o ( Englewood s h a ll prov ide the Pla1nt i ff and De f e nda nt r cspec t1vely w1 h a r eceipt, which would pre sent it to the age nt of Lhe City of Englewood act1ng as c ustodian o f t h e abo ve name d items shall be suffic1ent to procure the 1r r elease from the City of Englewood. 7. Pl a 1nt i ff, Lest e r H. Bo l ej ack , and Defendants, Katherine Recor and Ede n Re cor, d/b /a Kathies Import Ch a let, stipulate and agre e that t he items that they have received and will r eceive have not been damage d and should they in fact be d amag e d while in the custody of the City of Englewood, agre e t o hold th e sa i d City of Englewood harml e ss f o r any da ma ge that may have oc c urred. Lester H. Bole)ack Katherine Recor Eden Recor The ClLY of Engl e wo od Mayor, J ame s Tay lor Ex officio City Clerk-T r eas ure r C1ty of Englewood Wllliam D. James -3- RESPECTFULLY SUBMITTED, FOLKESTAD ' WITHERS B : James B. Folkestad, Reg. No. 471 Attorney for Plaintif f 31 4 Wilcox Street Castle Rock, Colorado 80104 Telephone : 6 88-3045: 688-4724 BRANNEY ' HILLYARD By : Nel l H 1llya ~ Reg. No 52 45 Attorney f or Defendants Ka her ine Recor ' Eden Recor d/b/a Kath l es Import Chalet 3755 S. Br oadway ~ngle w ood, Colorado 8 011 0 Telepho n e: 761-56 0 0 CITY OF ENGLEWOOD, A COLORADO MUN ICIPAL CO RPORA T ION, BERNARD V . BERARDI NI CITY ATTO RNEY Rlck De Wltt, Reg . No. 4 7 9 5 Ass ist ant Ci ty Attorney 3 4 00 s. El a tl En g l e wood, Colorado 80 110 TPleph o n e: 761-1 14 0 • I • • ( ( ( • • • • MEMORANDU M TO : Andy McCown, City Manager FROM: DATE : William D. James, Director of Finance~ June 15, 1978 SUBJECT : Audit Selection Committee It is time to consider selection of an audit firm for the City of Englewood. The Charter provides the Council select an independent audit firm. In the past we have used three members of the City Council to interview several audit firms and then make a recommendation to the City Council. The present audit contract with Broeker Hendrickson expired with the 1977 audit and presentation of the management letter . The current guidelines are for a three year contract. The first year of the contract the City Council reviews the per- formance of the auditing firm and if satisfactory then the contract is extended for two additional years. I would hope that t his process could be complete d by September 1 , 1978. If y ou need additional information, please let me know . /jlw cc : Jim Curnes • I • • - ( ( ( • • • • M E M 0 R A N D U M TO: Mayor Taylo r a n d Members of the City Co u ncil FROM: Andy McCown DATE: June 15, 1978 {• ·~ SUBJECT: Annual Financial Report to the Citizens On May 28, 1978, at a stu dy session the City Council was pre- sented with the concept of a report to the citizen s of Englewood about the financial aspects of the City. The report was to include one fina n cial statement for the e n tire City, services offered by the City, charts reflecting the City 's expenditures and revenues, and summary statements about the overall finan- cial condition of the City. In order for the report to be timely, it should be completed by August 15, 1978 . To our knowledge this approach of report- ing th e financial status of a City has only been done by five other cities in th e United States and their efforts have be n limited. The importance of the report is to inform th citizens in brief form the exact financial status of th e City and to r eflect what the i r tax dollars are being used for . It is hoped that this report will also stimula e citizen awareness fo r input into the bud get process wh n public h arings on the bud- get are held. The report its lf will be approximately 16 o 18 pa ges in length coll'pared o the budget whi ch is 176 pag s and the Annual Financial R port which is 160 pag s . The report will be geared towards easy reading and und rstanding about the fi nancia l aspec s of the City . Th estimated cost for the r por with 15,000 to 20,000 copies is between $10,000 o $12,000 for the fi rst year . The second yea r should be lower mainly due o the time involved in con- solidating the financial st atements fo r the first tim The funds for the Annual Financial Report to the citizens could come from two sources: l) General Fund Balance. 2) Redu ce the ~Eglewood Citize~ from a mon hly pub lica- tion to every other month . Presently, the Englewooi Citizen costs the City $20,784 annually for printing it on a monthly b a si . If w went to bi-mon tly the cos would b $ 10 392. We have encountered some I • • ( ( • • • • Mayor Taylor a nd Mem ber s of the City Council Annual Financial Report to the Citizens June 15, 1978 Page 2 problems with the ~Jewoo~ Citizeg in coming up with consistently valuable material about the City. It is questionable whether the articles we have to come up with for the citizens j ustify the cost of some issues. We feel that the ~~~ewood Citizen would contain better information for the citizens if it was issued every other month instead of monthly. In summary, we are requesting direction of whether or not the City is going to publish an Annual Financial Report to the citizens and if we are going to publish such a report, authorization to proceed is needed immediately so that the report can be completed and out to the citizens during August. Also, if the publicat i on of this report is approved we will need Council to make appropriations for the estimated expendi- tures of the report. Sincerely, . /j . ..., . I ./":"' 1 (. ,1,1,,-..:'y/}: ~-~-.1'-r,_, Andy McCown Ci iy Manager /j lw • I . ( ( • • • • MEMORANDUM TO: Mayor and Members of City Council FROM: Andy McCown, City Manager DATE: June 15, 1978 SUBJECT: OUT-QF-STATE TRIPS Attached is a memorandum from Harriet Lute requesting an out-of-state trip for a member of the Library Board. The memorandum should be self-explanatory. In previous study sessions you have also approved out-of-state trips for Fire Chief Beeson and myself to attend a Manager/Fire Chief Leadership Workshop in Seattle, Washington, July 12-14, and for Richard Wanush, Director of Community Development for a conference in Washington, D. C. - "Joint Development Marketplace" (memorandum attached). Even though you have already given approval to these two trips, I would like to have your formal approval Monday night. Sincerely, :Ju;:; :?4 :.:::7 t- AND~cCOWN City Manager ph Attachments cc: Jimmy E. Curnes, Assistant City Manager Hugh Brown, Administrative Assistant • • I . ( ( • • • .. .. TO: Mr . Andy McCown, City Manager FROM: Harriet Lute, Director of Libraries DATE: June 15, 1978 -------------------------------------------------------------------------- As you are aware, I have been studying for several years the possibility of an automated circulation system for the Library. The Library currently maintain s many records of its activities, but the data connot be kept in a form which gives us the information need ed for making management decisions. For instance, the only way we can determine what kinds of books receive heavy usage and which ones are rarely used, is to read and tally the film which records the books checked out . We do not have staff for such an activity . But, as books become more expen- sive, we need to refine o ur pur chase policies. And, as the number of children in Englewood declines, we need to justify the funds used for children's services. An additional factor is the expense of securing the return of overdue books, especially since we loan many books to non-residents. Currently, this requires 30 hours per week of one staff member's time. In 1977 the Library spent $1 ,572.00 for postage, of which at least 90% was for over- due notic es . The cost of producing overdu e notices and mailing them could be decreased greatly with an automated circulation system, since the terminal would indicate when a patron who had overdue books was trying to check out additional ones. It could also be programmed so that non-residents and persons who are transients in Englewood could be limited in the number of books they have checked out at any one time-i.e., if they already had two book s checked out, the terminal would alert the librarian to the fact and a decision could be made not to let them have others until the first ones were returned. Under our present system, there is no way of quickly identifying patrons who misuse library privileges until their card expires at the end of two years, except the memory of those who work the circulation desk. In summary, I have looked for a circulation system wh ich could provide information for management decisions, perform tasks which would mak e it unnecessary for the Library to employ additional clerical staff, which Continued ... • I • • - ( ( ( • • • • Mr . McCown Page two ... would allow us to eliminate our present card catalog if that ever seemed practical, and whose cost would make it economically feasible for a library of this size. A further consideration was to find a system which had already proved itself in other libraries and one which could be leased so that the Library would not be "locked into" a particular system if it did not keep up with technological advances . After studying various systems, I invited a representative of the Gaylord Library System to study our Library and to make a proposal for their auto- mated circulation system. A presentation was made to the Library Staff and Margaret Freeman on June 6, and later in the day to the Library Board. Bill James attended the second meeting . The Library Board requested Bill James to join me in a further study of the Gaylord System. Bill is not able to visit any of their installations at this time but has urged me to see some of them and has suggested that Mrs. Glenna Bennett, a Library Board member, also visit at least one installation because of her knowledge of computer utilization gained through her position as Executive Vice President of JHB Imports. We have chosen the libraries in Manhattan, Kansas, and Bolingbrook, Illinois, because they are the closest installations in libraries of Englewood's size and both have been operational for more than a year. On my way to Chicago for the ALA conference, I shall go to Manhattan and spend about five hours in that Library. We are requesting permission for Mrs. Bennett to spend Monday, June 26, with me in Bolingbrook, which is a suburb of Chicago. The Librarians in both cities have agreed to make their staffs available to us for these visits . The estimated cost of Mrs. Bennett's travel to Chicago and Bolingbrook is $250.00 and there are sufficient funds in the Library Board budget for this purpose . HL:eeb • I • • ( ( • • • .. • MEMORANDUM TO: Mayor and Members of City Council FROM: Andy McCown, City Manager DATE: June 12, 1978 SUBJECT: REQUEST FOR OUT-OF-STATE TRIP One of the topics of the study session tonight is the development of downtown Englewood. This subject has been discussed many times in the past and many plans, none of which have ever been accepted, have been presented over the years. Based on the current new interest in downtown development, I would like to send Richard Wanush, Director of Community Development, to a three-day conference in Washington, D. C., on this subject. The conference is entitled "Joint Development Marketplace" and looks to me to be a very useful session which could prove beneficial in our efforts. The program will feature exhibits by 30 cities, and repre- sentatives from over 40 development companies will be present. The entire focus will be on downtown revitalization. The conference is being sponsored by the U. S. Department of Transportation, Public Technology, Inc.,_ The Urban Land Institute and the Urban Consortium. Estimated cost is approximately $600. s;r~~ly, ~~~~ Mill~~~ Ci~Manager ph cc: Jimmy E. Curnes, Assistant City Manager Hugh Brown, Administrative Assistant • I • • • • • - INTRODUCED AS A BILL BY COUNCILMAN BY AUTHORITY ORDINANCE NO. __ , SERIES. OF 1978 AN ORDINANCE AUTHORIZING THE ~SSUANCE OF $7,600,000 HOSPITAL ~VENUE BONDS (THE SWEDISH MEDICAL CENTER PROJECT), SERIES 1978 .TO REFINANCE CERTAIN OUTSTAND- ING OBLIGATIONS OF THE SWEDISH MEDICAL CENTER; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, INDENTURE OF TRUST, CLOSING DOCUMENTS AND SUCH BONDS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE .SUFFICIENCY OF REVENUES AND AS TO OTHER MAT1'ERS ~LATED TO SUCH ~FINANCINGJ AND REPEALiNG ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. WHEREAS, the City of Englewood, in the County of Arapahoe and State of Colorado (the "City•), is a legally and r~gularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the Charter of the City; and (1) • I • • .. • • • .. - WHEREAS, the Colorado County and Munic.ipality Develop~ent Revenue Bond Act, Article 3, Title 29 of Colo- rado Revised Statutes 1973, as amended ·(the "Act") author- izes counties and municipalities ·to finance, refinance, acquire, own, lease, improve, and dispo~e · of properties to the end that more adequate hospital care may be pro- vided, which promotes the public health, welfare, safety, convenience, and prosperity: and WHEREAS, the Act 'further authorizes counties and municipalities to refinance any obligations previously incurred to finance or aid in financing of hospital, health- care, or nursing horne facilities which would constitute a project within the meaning of the Act had such facilities been originally undertaken and financed by a county or municipality pursuant to the Act; and WHEREAS, the Act further authorizes counties and municipalities to issue revenue bonds for the purpose of defraying the cost of· refinancing any project constituting hospital, health-care or nursing horne facilities and all incidental expenses incurred in issuing such bonds and to secure the payment of such bonds as provided in the Act: and WHEREAS, The Swedish Medical Center, a nonprofit corporation, organized and existing under the laws of the State of Colorado (the "Hospital"), has pr~sented to the City a proposal whereby the City will, pursuant to the Act, refinance First Mortgage Bonds, Series 1973, and First Mort- gage Bonds, Series 1974, of the Hospital which were issued to finance the construction, renovation and remode ling of hospital facilities (the "Project") owned and operated by the Hospital in the City, which Project.would constitute a "project" within the meaning of the Act had such hospital (2) • I • • ,- • • • - facilities been originally undertaken and financed by a county. or m~nicipality pursuant to the Act; and WHEREAS, Hospital Revenue Bonds (The Swedish Medical Center Project), Series 1978 in the aggregate principal amount of $7,600,000 (the "Borlds") will be issued and delivered by the City to The Aetna Casualty and Surety Company (the "Purchaser•), to pay the cost of refinancing the Project and costs incidental to the authorization, issuance and sale of the Bonds; and WHEREAS, concurrently with the issuance of the Bonds, the Hospital will enter into a financing agreement · with the City providing fo.r payments sufficient to pay the principal of, premium, if any, and interest ·on the Bonds and to meet other obligations as herein and therein provided; and WHEREAS, on April 17, 1978, the City Council adopted a resolution whereby the City agreed to authorize . ~he issuance and sale ·of the Bonds, it being understood that no costs of issuance and sale were to be borne by the City and that the necessary financing documents were sub- ject to formal approval by ordinance of the City Council pursuant to the Act; and WHEREAS, on May 15, 1978, pursuant to a resolu- tion duly adopted on that date by the City Council, the City, the Hospital and the Purchaser entered into a Bond Purchase Agreement (the "Bond Purchase Agreement") under which the Bonds were sold by the City to the Purchaser; and WHEREAS, there have been presented to the City Council: (1) the proposed form of Financing Agreement dated as of May 15, 1978 between the Ci~y and the Hospital (the "Agreement") and (2) the proposed form of Indenture (3) • I • • • • .. • of Trust dated as of May 15, 1978 (the "Indenture") be- tween the City and The First National Bank of Denver, as Trustee tthe "Trustee"}. NOW, THEREFORE, BE IT ORDAINED ·BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,, COLORADO: Section 1. All action (not inconsistent with the provisions of this ordinance) heretofore taken by the City Council and the officers of the City directed toward the refinancing of the Project and the issuance and sale of the Bonds therefor be, and the same is hereby, rati- fied, approved and confirmed. Section 2. The City shall refinance the Project by loaning the proceeds of the Bonds to the Hospital in accordance with the provisions of the Agreement for the purposes described above. Section 3. To defray the cost of refinancing the Project there is hereby ·authorized and created an issue of hospital revenue bonds designated "City of Engle- wood, Colorado, Hospital Revenue Bonds (The Swedish Medical Center Project), Series 1978" in the aggregate principal amount of $7,600,000 issuable as fully registered bonds in the denominations of $5,000 and any integral multiple thereof, dated May 15, 1978 (except as otherwise provided in the Indenture), bearing interest from their date at the rate of 6.75\ per annum prior to maturity and at the rate of 7.75% per annum after maturity, payable semiannually on May 15 and November 15 in each year, com- mencing November 15, 1978, and maturing on May 15, 1999. The Bonds shall be payable, shall be ~ubject to redemption prior to maturity and shall be in substantially the form as provid e d in the Indenture. Pursuant to the Bond Purchase Agre ement t he bonds shall be delivered to (4) • I • - • • • • • - the Purchaser at par plus accrued interest from May 15, 1978 to the date of their payment and delivery. The maximum net effective interest rate permitted for the Bon~s is hereby declared to be 8\ per annum and the actual net effective interest rate on the ·Bonds is determined to be under all conditions and at all times during the life of the Bonds, less than such maximum rate. Section 4. The following determinations and findings are hereby made in accordance with Sections 29-3-113, 29-3-114 and 29-3-120 of the Act: (a) The amount necessary in each year to pay the principal of and the interest on the Bonds is as follows: Annual Period to and Including Mav 15 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 199 0 199 1 199 2 199 3 199 4 1995 1996 1997 1998 1999 Interest • for such Period $513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 Principal to be Retired "in such Period · (5) $ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $1,600,000 • Annual Debt Service Requirement $513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 513,000 $8,113,000 I • • • • • • (b) No reserve fund has been established nor is -proposed to be established for 'the retirement of ' the Bonds or the maintenance of ~he Project and accordingly it will not be necessary to pay amounts into any reserve fund. (c) The terms under which the Project is to be refinanced provide that the Hospital shall maintain the Project and carry all proper insurance with respect thereto. (d) The revenues payable under the Agreement are sufficient to pay, in addition to all other requirements of the Agreement and this ordinance, all sums referred to in paragraphs (a) and (c) of this Section. (e) The revenues payable under the Agreement are suffici~nt t~ pay, in addition to all other requirements of the Agreement and this ordinance, all taxes payable pursuant to S~ction 29-3-120 of the Act • . Section 5. The forms, terms and provisions of the Agreement and the Indenture be and they hereby are approved and the City shall enter into the Agreement and the Indenture in the forms of each of such documents pre- sented to the City Council at this meeting, with such changes therein as are not inconsistent herewith; and the Mayor is hereby authorized and directed to execute and delive~ s~ch documents and the City Clerk is hereby authorized and directed to affix the City seal to and to attest such documents. (6) • I . - - • ~. "!~:::' r .. • • • - Section 6. The form, terms and provisions of the Bonds, in the form contained in the Indenture, be and they hereby are approved, with such c~anges therein as are not inconsistent herewith; and the . Mayor and the City Clerk are each. hereby authorized and dire~ted to execute the Bonds and each is authorized ·and directed to deliver them, and the seal of the City is hereby authorized and directed to be impressed on the Bonds. The signature of the Mayor on the Bonds and the signature of the City Clerk on the Bonds shall be manual. Section 7. The Mayor is hereby authorized to execute and deliver to the Trustee the written order of the City for the authentication and delivery of . the Bonds by the Trustee, in accordance with Section 2.6 of the Indenture. Sectioh B. The First National Bank of Denver, .Denver, Colorado, is hereby appointed as trustee under the Indenture, thereby a!"so serving as r~gistrar and paying agent under the terms of the Indenture and Agreement. Section 9. The officers of the City shall take all action in conformity with the Act necess~ry or reason- ably required to effectuate the issuance of the Bonds and shall take all action necessary or desirable in conformity wi th the Act to refinance the Project and for carrying out, g iv i n g effect to and consummating the transactions contem- p l ate d by this ord i nance, the Agreement and the Indenture, i nclu ~~n~ without limi tation the execution and delivery of any closing documents to be delivered in connection with the sale and delivery of the Bonds. (7) I • - • • • • • Section 10. The ·cost of refinancing the Project will be paid out of the proceeds of the Bonds . and none of them will be the general obligations of the City nor shall any. of them, including interest thereon, constitute the debt or indebtedness of the City within"the meaning of the Constitution or statutes of the State of Colorado or of the home rule charter of the City nor shall anything con- tained in this ordinance or in the Bonds, the Agreement, the Indenture, or any other instrument give rise to a pecuniary liability or a charge upon the general credit or taxing powers of the City, nor shall the breach of any agreement contained in this ordinance, or any instrurnent ,- impose any pecuniary liability upon the City or any ~harge upon its general credit or against its taxing powers;. th~ City having no power to pay out of 'its general funds, or ' ~ l t ._ otherwise contribute any part of the costs of refinancing the Project, nor'power to operate the Project as a business or in any manner, nor shall the City condemn any land or other property for the Project nor co,ntribute any land or other property to the Project. Section 11. After any of the Bonds are issued, this ordinance shall be and remain irrepealable until the Bonds and the interest thereon shall have been fully paid, cancelled and discharged. Section 12. If any section, paragraph, clause or provision of this ord inance shall for any reason be held to be invalid or un enf orceable, the invalidity of unenforceability of such section, paragraph, clause or provision shall not affect any of the rema i ning provi- sions of this ordinance • (B) • . ~ ,.;. ... i' ~· f - , ..• J ' ' '· f I • • -· • ;·.~ :..· p< ..,:· .- ~ ., ., i· :· ·' • • • • ------.. - Section 13. All bylaws, orders, regulations, resolutions and ordinances, or parts thereof, of the City inconsistent herewith and with the do~uments hereby appz-oved, are hereby repealed to .the extent only of such inconsistency. This repealer shall not "be construed as reviving any bylaw, order, regulation, resolution or ordinance, or part thereof. Section 14. This ordinance, immediately on its final passage and adoption, shall be numbered and recorded ,_; : ~#"·. ·, ~. ;.:·.-~;: in the official records of the City kept for that purpose ~ • · ,~ authenticated by . the signatures of the Mayor and CitY :,cletk,'j~:r " ;.-' f' and published by reference in The Englewood Herald se'ntin~l,,;, ~·· _· :_': ~~ • • ' • '/{ 1· a newspaper .published and of general circulation in the ::, . ,;.i·i. ·. ·· .. '~~ ) . . '., City. '1 ~ -· f, =~··-. . '<i:'t.' .. !' . Section 15. This ordinance shall be in full · force and effect•thirty (30) days after its publication following its final passage. . ', ·>··~·· . ·' • v: ,. I 0 '" INTRODUCED, PASSED ON FIRST,READING, AND ORDERED PUBLISHED this June 5, 1978. Mayor (SEAL) ATTE ST: City Clerk (9) • I • • @-. - • • • • I, William D. James, City Clerk of the· City of Englewood, Arapahoe County, Colorado, do hereby certify · that the above is a true and correct copy of an ordinance in~roduced, passed on first reading, 'and ordered published in full in The Englewood Herald Sentine-l ·at a regular meeting of the City Council on the 5th day of June, 1978. (SEAL) Attest: City Clerk Published in The Englewood Herald Sentinel~ First publication June 7 __ , 1978. (10) • I • • (_ • • • • day of FINALLY PASSED, ADOPTED, AND APPROVED this __________ , 1978. (SEAL) Attest: C1.ty Clerk Mayor Published in The Englewood Herald Sentinel. Second publica- tion (i.e., publication by reference after final passage) , 1978. We, James L. Taylor, Mayor, and William D. James, City Clerk, of t~e City of Englewood, in the County of Arapahoe and State of Colorado, do hereby certi~y that the above and foregoing ordinance is a true and correct copy of the ordinance introduced, passed, and approved on first reading at the regular meeting held on the 5th day of June, 1978, published in full in The Englewood Herald Sentinel on the day of , 1978, introduced a second time, finally passed, adopted and approved, without any amendment, on the _____ day of __________ , 1978, and pub- lished a second time by reference in The Englewood Herald Sentinel on the day of ----------' 1978. Mayor (SEAL) Attest: Cl.ty Clerk (11) • I • • - • • • • INTRODUCED AS A BILL BY COUNCILMAN __ ~W~~~·~l=l=i~a~m~s~-------------- BY AUTHORITY ORDINANCE NO. 13 , SERIES OF 1978. AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD, FROM R-1-C, RESIDENTIAL DISTRICT, TO I-1, LIGHT INDU S TRIAL DISTRICT, ~CITING A WAIVER ~~D IMPOSING CONDITIONS THEREON; AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH; AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Ordinance, public hearings were held before the City Planning and Zoning Commission on December 20, 1978, January 24, 1978, February 7, 22, 1978, to rezone a certain parcel of land within the City of Englewood R-1-C Residential District, to I-1, Light Industrial District; and WHEREAS, on February 22, 1978, said Planning and Zoning Commission submitted its Findings of Fact, Conclusions and recommended that I-1 Industrial Zoning be denied, "because to grant said zoning would not be in the best interests of the ad- joining single family residential area"; and WHEREAS, the City Council directed that a public hearing be held before it on April 10, 1978 with regard to said rezoning application; and WHEREAS, at said hearing on said date the Council received all reports, maps, drawings, memoranda, minutes, findings and all evidence and other matters theretofore pre- viously considered by the City Planning and Zoning Comm~ssion, and in addition received further testimony from the owner and applicant as well as other interested parties; and WHEREAS, the City Council hereby adopts and incorporates herein paragraphs No. 1 through 17 inclusive of the Findings of Fact by the City Planning and Zoning Commission dated February 22, 1978, a copy of said Findings is attached hereto and made a part hereof by this r eference .. WHEREAS, City Council finds and determines that the public necessity , convenience, health, safety and good zoning practice justify the proposed amendment , subject, however, to a certain Waiver and Conditions hereinafter contained. • I • • ·' • • • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL CITY OF ENGLE WOOD, COLORADO as follows: Section 1. Change of Zone Classification. That the following described real property shall be rezoned from R-1-C Residential District, to I-1 Light Industrial District: Section 2. Beginning at the northerly corner of Lot 44, Bell Isle Gardens, said point being on the north line of the SW 1/4, NE 1/4, Sec. 9, Tws, SS., Range 68 W., of the 6th P.M., Arapahoe County, State of Colorado; thence West along said North line to the City of Englewood City limits line; thence South along said line to the South line of West Tufts Avenue; thence East along the South line of West Tufts Avenue to the .centerline of the City Ditch; thence Northeasterly along the centerline of the City Ditch to a point on the West line of Lot 44, Bell Isle Gardens; thence North along said West line to the point of beginning; said parcel containing 6.3 acres, more or less. Waiver of Use. That in his application the owner, Rex T. Garrett, has represented that if the zoning classification is changed from R-1-C to I-1 as hereinabove set out, the said owner and applicant will and hereby does waive the right to use ot occupy the land or to use, occupy and erect thereon any structure or structures designed, erected, al tered, used or occupied for the purpose of, "Automobile Wrecking Yards" and Junkyards". Section 3. Conditions. The conditions established and approved by the City Council and imposed upon the above described real property classified as I-1, Industrial District, shall be as follows: a. No Building Permit shall be issued for the construction or installation of any building or structure on the subject property or any portion thereof except in conformance with a Development Plan wh ich has been approved and recorded in compliance with S22.4A of the Comprehensive Zoning Ordinance, or until a subdivision plat has been prepared, approved and recorded. -2- • I • • • • • • b. The maximum height of any structure or building shall not exceed 17 feet above the natural grade on that portion of the subject land which lies at an elevation of 5,340 feet or more. The maximum height of any structure or building below a natural ele- vation of 5,340 feet, shall not exceed 28 feet in height measured from the na~ural grade. c. There shall be a minimum set back of 25 feet from the centerline of the City Ditch, and 25 feet from the west property ·line of Lot 43, Bell Isle Gardens, Arapahoe County, Colorado, w~ichever is furtherest west, or such further distances which may be determined by the City Engineer and Fire Department but in no event less than the said 25 feet to the wall of any building located on the east one-half of the . subject property. d. At each boundary of the subject property which abuts or is adjacent to a single- family residence district, ~he property shall be screened as provided in the Comprehensive Zoning Ordinance or as approved by a recorded Development Plan _or subdivision plat. e. Lighting facilities on the property or on any building or structure located on the subject property, shall be so arranged that they will neither shine nor be re- flected on the adjacent residential properties. f. No entrance, exit or loading dock shall be permitted on the east side of anyr building which is constructed on the · east side of the subject property; nor shall any parking, storage of equipment, materials or trash, or access, other than for emergency vehicles, be permitted in the area east of said buildi ng s. g. All outside s torage on the subject property shall be enc l osed by a solid fence or wall not less than six (6) nor more than eight (8) feet in height, all trash collection centers shall be of a covered type and no outside storage shall create litter, be a fire or health hazard or create any other form of public nuisance. -3- • \ \ . ' I • • : ( • • • •' • Section 4. Zoning Map Amended . The official zoning map of the Ci t y sha l l be and i s hereby is am ended to conform to the provis ions of Secti ons 2 and 3 o f thi s Ordinance. Sec t i o n 5. Waiver and Conditions Binding On Heirs, Administrators, Executors, Successors And Ass~gns. That the foregoing change in zoning class i f ication is based upon the Findings of Fact as herein adopted, and upon the representation by the owner and applicant that he will wa i v e those certain rights which may be available to h i m and in l i e u t hereo f agrees to the Waiver and Conditions set forth here in, which s a i d Waiver and Conditions shall be binding upon the owner, his heirs, administrators, executors, successors and assigns. S e c tion 6. Ord i nanc e To Be Recorded. That th i s Ordinance shall be recorded by the Department of Commun ity Deve l opment with the office of the Clerk and Recorder of Ara pah oe County , Colorado . on the I ntroduced, re ad i n full and pas sed on first reading ______ day of May, 1978 . Published as a Bil l f o r a n Ord i nance on the of May , 1 978. MAYOR ATTEST: ex off icio City Clerk-Treas u re r I, William D. J ame s , do h e r e by ce rtify that the abov e a nd foregoing is a true, accurate and comple t e c o py o f t h e Ordinance, passed on final reading and published b y title as Ordinance No. __________ , Series of 1978. day e x of f ~c~o Ci ty Clerk -Treasurer -4 - I • • • • -. ;.. ...-: ~ INTRODUCED AS A BILL BY COUNCILMAN s {Y) ; f" lf1 ;, • A BILL FOR AN ORDINANCE AUTHORIZING THE »SSUANCE OF $7,600,000 HOS,ITAL REVENUE BONDS (THE SWEDISH MEDICAL CENTER PROJECT), SERIES 1978 TO REFINANCE CERTAIN OUTSTAND- ING OBLIGATIONS OF THE SWEDISH MEDICAL CENTER; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREEMENT, INDENTURE OP TRUST, CLOSING DOCUMENTS AND SUCH BONDS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE .SUFFICIENCY OP REVENUES AND AS TO OTHER MATTERS RElATED TO SUCH I!EFINANCING J AND REPEALiNG ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. WHEREAS, the City of Englewood, in the County of Arapahoe and State of Colorado (the •city•), is a legally and r~gularly created, established, organized and existing municipal corporation unde~ the provisions of Article XX of the Constitution of the State of Colorado and the Charter of the City; and (1) • I • • • • • - WHEREAS, the Colorado County and Munic.ipality Development Revenue Bond Act, Article 3, Title 29 of Colo- rado Revised Statutes 1973, as amended ·(the •Act•) author- izes counties and municipalities to finance, refinance, acquire, own, lease, improve, and dispo~e of properties to the end that more adequate hospital care may be pro- vided, which promotes the public health, welfare, safety, convenience, and prosperity; and WHEREAS, the Act 'further authorizes counties and municipalities to refinance any obligations previously incurred to finance or aid in financing of hospital, health- care, or nursing home facilities which would constitute a project within the meaning of the Act had such facilities been originally undertaken and financed by a county or municipality pursuant to the Act; and WHEREAS, the Act further authorizes counties and municipalities to issue revenue bonds for the purpose of defraying the cost of· refinancing any project constituting hospital, health-care or nursing home facilities and all incidental expenses incurred in issuing such bonds and to secure the payment of such bonds as provided in the Act; and WHEREAS, The Swedish Medical Center, a nonprofit corporation, organized and existing under the laws of the State of Colorado (the "Hospital"), has pr~sented to the City a proposal whereby the City will, pursuant to the Act, refinance First Mortgage Bonds, Series 1973, and First Mort- gage Bonds, Series 1974, of the Hospital which were issued to finance the construction, renovation and remodeling of hospital facilities (the "Project") owned and operated by the Hospital in the City, which Project .would constitute a "project" within the meaning of the Act had such hospital (2) • I • • • • - facilities been originally undertaken and financed by a county or municipality pursuant to the Act; and WHEREAS, Hospital Revenue Bonds (The Swedish Medical Center Project), Series 1978 in the aggregate principal amount of $7,600,000 (the •Bodds") will be issued and delivered by the City to The Aetna Casualty and Surety Company (the "Purchaser"), to pay the cost of refinancing the Project and costs incidental to the authorization, issuance and· sale of the Bonds; and WHEREAS, concurrently with the issuance of the Bonds, the Hospital will enter into a financing agreement with the City providing for payments sufficient to pay the principal of, premium, if any, and interest -on the Bonds and to meet other obligations as herein and therein provided; and WHEREAS, on April 17, 1978, the City Council adopted a resolution whereby the City agreed to authorize ~he issuance and sale ·of the Bonds, it being understood that no costs of issuance and sale were to be borne by the City and that the necessary financing documents were sub- ject to formal approval by ord i nance of the City Council pursuant to the Ac t ; and WH ERE AS, on May 15, 197 8, p urs ua n t t o a reso lu- tio n du ly adopted on that date by t he City Co uncil, t he City , the Hospital and the Purchaser entered into a Bond Purchase Agreement (the "Bo nd Purchase Agreement") under which the Bonds were sold by the City to the Purchaser; and WHEREAS, there have been presented to the City Cou ncil: (1) the proposed form of Financing Agreement dated as of May 15, 1978 between the Ci~y and the Hospital (the "Agreement") and (2 ) the proposed form of Indenture (3) • I • • • - of Trust dated as of May 15, 1978 (the "Indenture") be- tween the City and The First National Bank of Denver, as Trustee (_the "Trustee") . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,, COLORADO: Section 1. All action (not inconsistent with the provisions of this ordinance) heretofore taken by the City Council and the officers of the City directed toward the refinancing of the Project and the issuance and sale of the Bonds therefor be, and the same is hereby, rati- fied, approved and confirmed. Section 2. The City shall refinance the Project by loaning the proceeds of the Bonds to the Hospital in accordance with the provisions of the Agreement for the purposes described above. Section 3. To defray the cost of refinancing the Project there is hereby ·authorized and created an issue of hospital revenue bonds designated "City of Engle- wood, Colorado, Hospital Revenue Bonds (The Swedish Medical Center Project), Series 1978" in the aggregate principal amount of $7,600,000 issuable as fully registe~ed bonds in the denominations of $5,000 and any integral multiple thereof, dated May 15, 1978 (except as otherwise provided in the Indenture), bearing interest from their date at the rate of 6.75% per annum prior to maturity and at the rate of 7 .75% per annum after maturity, payable semiannually on May 15 and November 15 in each year, com- mencing November 15, 1978, and matu1·ing on May 15, 1999. The Bonds shall be payable, shall be ~ubject to redemption prior to maturity and shall be in substantially the form as provided in the Indenture. Pursuant to the Bond Purchase Agreement the bonds shall be delivered to (4) • I • • ,... .. • • - the Purchaser at par plus accrued interest from May 15, 1978 to the date of their payment and delivery. The maximum net effective interest rate permitted for the Bon~s is hereby declared to be 8% per annum and the actual net effective interest rate on the 'Bonds is determined to be under all conditions and at all times during the life of the Bonds, less than such maximum rate. Section 4. The following determinations and findings are hereby made in accordance with Sections 29-3-113, 29-3-114 and 29-3-120 of the Act: (a) The amount necessary in each year to pay the principal of and the interest on the Bonds is as follows: Annual Period to and Interest Principal to be Annual Debt Including ·for such Retired in such Service Ma:i: 12 Period Period · Requirement 1979 $513,000 $ 0 $513,000 1980 513,000 0 513,000 1981 513,000 0 513,000 1982 513,000 0 513,000 1983 513,000 0 513,000 1984 513,000 0 513,000 1985 513,000 0 513,000 1986 513,000 0 513,000 1987 513,000 0 513,000 1988 513,000 0 513,000 1989 513,000 0 513,000 1990 513,000 0 513,000 1991 513,000 0 513,000 1992 513,000 0 513,000 1993 513,000 0 513,000 1994 513,000 0 513,000 1995 513,000 0 513,000 1996 513,000 0 513,000 1997 513,000 0 513,000 1998 513,000 0 513,000 1999 513,000 $7,600,000 $8,113,000 (5) • I f i I • • • • - (b) No reserve fund has been established nor is .proposed to be established for 'the retirement of ' the Bonds or the maintenance of the Project and accordingly it will not be necessary to pay amounts into any reserve fund. (c) The terms under which the Project is to be refinanced provide that the Hospital shall maintain the Project and carry all proper insurance with respect thereto. (d) The revenues payable under the Agreement are sufficient to pay, in addition to all other requirements of the Agreement and this ordinance, all sums referred to in paragraphs (a) and (c) of this Section. (e) The revenue• payable under the Agreement are suffici~nt t~ pay, in addition to all other requirements of the Agreement and this ordinance, all taxes payable purauant to S~ction 29-3-120 of the Act . . Section 5. The forms, terms and provisions of the Agreement and the Indenture be and they hereby are approved and the City shall enter into the Agreement and the Indenture in the forms of each of such documents pre- sented to the City Council at this meeting, with such changes therein as are not inconsistent herewith; and the Mayor is hereby authorized and directed to execute and delive; ~~ch documents and the City Clerk is hereby authorized and directed to affix the City seal to and to attest such documents. (6) • I . • • - ---------·-·-·------------ Section 6. The form, terms and provisions of the Bonds, in the form contained in the Indenture, be and they hereby are approved, with such changes therein as are not inconsistent herewith; and the Mayor and the City Clerk are each hereby authorized and dire~ted to execute the Bonds and each is authorized 'and diTected to deliver them, and the seal of the City is hereby authorized and directed to be impressed on the Bonds. The signature of the Mayor on the Bonds and the signature of the City Clerk on the Bonds shall be manual. Section 7. The Mayor is hereby authorized to execute and deliver to the Trustee the written order of the City for the authentication and delivery of the Bonds by the Trustee, in accordance with Section 2.6 of the Indenture. Sectioh 8. The First National Bank of Denver, .Denver, Colorado, is hereby appointed as trustee under the Indenture, thereby al'so serving as r7gistrar and paying agent under the terms of the Indenture and Agreement. Section 9. The officers of the City shall take all action in conformity with the Act necessary or reason- ably required to effectuate the issuance of the Bonds and shall take all action necessary or desirable in conformity with the Act to refinance the Project and for carrying out, giving effect to and consummating the transactions contem- plated by this ordinance, the Agreement and the Indenture, inclu~in~ without limitation the execution and delivery of any closing documents to be delivered in connection with the sale and delivery of the Bonds. (7) • I • • • • - ----·------------- Section 10. The cost of refinancing the Project will be paid out of the proceeds of the Bonds and none of them will be the general obligations of the City nor shall any. of them, including interest thereon, constitute the debt or indebtedness of the City within"the meaning of the Constitution or statutes of the State of Colorado or of the home rule charter of the City nor shall anything con- tained in this ordinance or in the Bonds, the Agreement, the Indenture, or any other instrument give rise to a pecuniary liability or a charge upon the general credit or taxing powers of the City, nor shall the breach of any agreement contained in this ordinance, or any instrument impose any pecuniary liability upon the City or any charge upon its general credit or against its taxing powers, the City having no power to pay out of its general funds, or otherwise contribute any part of the costs of refinancing the Project, nor"power to operate the Project as a business or in any manner, nor shall the City condemn any land or other property for the Project nor cqntribute any land or other property to the Project. Section 11. After any of the Bonds are issued, this ordinance shall be and remain irrepealable until the Bonds and the interest thereon shall have been fully paid, cancelled and discharged. Section 12. If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unenforceable, the invalidity of unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provi- sions of this ordinance. (8) • I • • r· • • • - Section 13. All bylaws, orders, regulations, resolutions and ordinances, or parts thereof, of the City inconsistent herewith and with the do~nts hereby ap~oved, are hereby repealed to the extent only of such inconsistency. This repealer shall not ·be construed as reviving any bylaw, order, regulation, resolution or ordinance, or part thereof. Section 14. This ordinance, immediately on its final passage and adoption, shall be numbered and recorded in the official records of the City kept for that purpose, authenticated by the signatures of the Mayor and City Clerk, and published by reference in The Englewood Herald Sentinel, a newspaper .published and of general circulation in the City. ' Section 15. This ordinance shall be in full force and effect•thirty (30) days after its publication following its final passage. INTRODUCED, PASSED ON FIRST,READING, AND ORDERED PUBLISHED this June 5, 1978. Mayor (SEAL) ATTEST: C1.ty Clerk (9) • .-.. I • • • • • - . ---------- I, William D. James, City Clerk of the City of Englewood, Arapahoe County, Colorado, do hereby certify · that the above is a true and correct copy of an ordinance in~roduced, passed on first reading, ·and ordered published in full in The Englewood Herald Sentin&l at a regular meeting of the City Council on the 5th day of June, 1978. (SEAL) Attest: C1ty clerk Published in The Englewood Herald Sentinel. First publication June 7 _, 1978 . . . (10) • I • • .. CITY COUNCIL MEETING June 19, 1978 • • - ORDINANCE # y{, 15, 16, 17, 18 KESOLUTION # 46 , 47, 48, 49, 50 • 0 0 I . .