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Home My WebLink About1978-07-17 (Regular) Meeting Agenda- CITY COUN CI L MEET I NG REGULAR -J uly 17, 1 97 8 • • - 0 • • ( • • • .. - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JULY 17, 1978 / 7 :30P.M. Call to order, invocation by Reverend Fred Hahn, Immanuel Lutheran Church, 3695 South Acoma ~eet, pledge of allegiance by Boy Scout Troop #92, and roll call . 1. Minutes. Minutes of the regular meeting of July 3, 1978 . (Copies enclosed.) 2 . Pre-Scheduled Visitors. (a) '7fYtl .v. .-,(.1-u 9 71-'. Mr. Doug Sovern, 4550 South Knox Court, will be present to present City Council with a check of the proceeds from the Diamond Jubilee Volunteer Firemen's Ball . (b) Mrs. Donna Frazer, Instructor at Charles Hay . 1 and Director of the Mil e Hi Majorettes, will 1 tl-o l.N"" ~ c.cJ be present to request funds to send Barbara "'().(..£ b<.tl-a Wilson, 3210 South Washington, and Sheri Bond, f J 1..i d. {. 32ll South Washington, to go to the U. S . "lj.L '"~ q_ l~" ·Twirling Association Grand National competition 0.'-~ '"0 in Milwaukee, Wisconsin. (Copies enclosed.) 3. Other Visitors . 4 . Communications -No Action Recommended. Minutes of the Planning and Zoning Commission meeting of June 13, and June 20, 1978 . (Copies enclosed .) • I • - ( ( • • • • Page 2 July 17, 1978 Agenda 4 . Communications -No Action Recommended (Continued .) (b) Memorandum from the Director of Commu nity Development to the City Manager concerning his attendance at the Joint Development Market Place Conference, in Washington, D. C ., June 25-27, 1978. (Copies enc l osed.) (c) Financial Report for the month of June, 1978. (Copies enclosed.) 5. Communications -Action Recommended. (b) Request for a 3 .2 beer license renewal -con- sumption on the premises -for The John, 90 West Belleview. (Copies enclosed.) Memora ndum from the Director of Finance to the Mayor and Members of Council transmitting a request for annexation for a parcel of land bordered by West Stanford and West Tufts Ave. (Copies enclosed.) Letter from the Urban Drainage Flood Control District requesting additional monies for the Holly Dam. (Copies enclosed .) Memorandum from the Municipal Court Judge to the Mayor and Members of Council concerning court facilities. (Copies enclosed.) Memorandum from Acting Chairman of the Tax ) Committee to the Mayor and Members of Council (L1 ~ requesting f unds for develo pment of an ;oc · econometric model for forecasting sales and // :;:~ use tax revenues . (Copies enclosed.) ('IV 1 J). rr&<, 6. City Attorney . Ordinance on Final Reading. (a) J:i:b /-A -1'-J Ordinance authorizing the sale and issuance of General Obligation Refunding Water Bonds. (Copies enclosed.) 0 · Bill for an Ordinance. (b) Bill calling a special municipal election ft for the purpose of submitting the question t1. ')\ R dP of the establishment of a Downtown Develop- . ~~. ment Authority to a vote of the qualified .1\)J vJ \ electors of the District and providing for ~:t ~)' the conduct thereof. (Copie• enclo•ed.) • I • ( ( • • • • Page 3 July 17, 1978 Agenda 6. City Attorney (Continued). Resolution. Resolution approving the Agreement between the City of Englewood and the State Depart- ment of Highways relating to Federal Aid Urban System Project M-1154(2), Dartmouth Avenue from Lincoln Street to Logan Stree t . (Copies enclosed.) Other Matters. (d Attorney's Choice. 7. City Manager . Memorandum from the City Manager concerning the Six-Quarter Budget for the period of July, 1978 to December, 1979. (Copies enclosed.) Memorandum from the Director of Public Works to the City Manager concerning traffic signali- zation. (See above .) Memorandum from the City Manager concerning the 1979 Budget Schedule. (Copies enclosed.) Manager 's Choice. 8 . General Discussion . (a) l1ayor ' s Choice. (b) Councilman's Choice. 9. Adjournment. ~fl~ ANDY MC COW City Manager • I • • ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 17, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular s~ssion on July 17, 1978, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn, Im- manuel Lutheran Church, 3695 South Acoma Street. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent : None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF JULY 3, 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams, Weber, Harper, Clayton, Taylor. Nays: None. Abstain : Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • • July 17, 1978 Page 2 • • .. Pre-scheduled visitor, Doug Severn, 4550 South Knox Court, was present as a representative of the Englewood Volunteer Fire Department. Mr. Severn presented Mayor Taylor with a check for $740 .00 for the Diamond Jubliee Committee. Mr. Severn stated the money was the City's share of the proceeds from the Firemen's Ball which was the Diamond Jubilee Carnation Ball this year. Mr. Severn requested Council to give a portion of this money to Jaycees for all the efforts that the Jaycees have done for the City. Mayor Taylor commented that a letter should be written to the Jaycees commending them for producing such a fine 4th of July celebration. COUNCILMAN CLAYTON MOVED TO WRITE A LETTER OF APPRE- CIATION TO ENGLEWOOD VOLUNTEER FIRE DEPARTMENT AND TO VOLUNTEER CHIEF DOUG SOVERN FOR APPRECIATION ALL THEY HAVE DONE AND TO MENTI ON THE CHECK FOR $740.00. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS A MOTION OF APPRECIATION FOR THE ENGLEWOOD JAYCEES FOR THE EXCELLENT JOB THEY DID IN THE JULY 4TH EVENTS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays: None. The Mayor declared the motion carried, * * * * * * Councilman Clayton requested the City Manager to submit a report to Council on what the situation of the Jaycees was after the celebration so Council could make a decision on how much money to contribute to them. * * * * * * • I • I • • ( ( ( • July 17, 1978 Page 3 • • COUNCILMAN CLAYTON MOVED TO TAKE AGENDA ITEM 5E, A MEMORANDUM FROM THE TAX COMMITTEE TO MEMBERS OF THE COUNCIL REQUESTING FUNDS FOR DEVELOPMENT OF AN ECONOMETRIC MODEL FOR FORECASTING SALES AND USE TAX REVENUES, OUT OF ORDER FOR COUNCIL ACTION AT THIS TIME. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested Doug Sovern to appear before Council and discuss the memorandum. Doug Sovern, 4550 South Knox Court, appeared before Council and discussed the purpose and advantages of having the econometric model for forecasting sales and use tax re- venues. Mr. Sovern stated the model has been developed by the firm Briscoe, Maphis, Murray & Lamont, Inc. and the cost is $1,200. Mr. Sovern requested Council to accept this con- cept and make an expenditure of $1,200 so the development of a model for Englewood could get started. COUNCILMAN SMITH MOVED TO APPROPRIATE THE SUM OF $1,200 FOR THE TAX COMMITTEE TO PARTICIPATE IN THE ECONOMETRIC MODEL FOR REVENUE FORECASTING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays : None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Mrs. Donna Frazer, Instructor at Charles Hay and Director of the Mile Hi Majorettes, was pre- sent and discussed her request for funds to send Barbara Wilson, 3210 South Washington and Sheri Bond, 3211 South Washington, to the U.S. Twirling Association Grand National competition in Milwaukee, Wisconsin. Mrs. Frazer stated the girls are students at Englewood High School. Mrs. Frazer also stated the girls • I • • • July 17 , 1978 P age 4 • • .. have been trying to raise money to pay for their trip on July 28, 1978. Mrs. Frazer stated each girl has $164.50 towards the trip; however, the total expense for each girl is $412.00. Mrs. Frazer stated the purpose of her visit was to request that Council help send the girls to the U.S. competition by making a contribution of some donation. Mrs. Frazer stated she was making the request for the two girls from Englewood exclusively. Council queried Mrs . Frazer at length on this matter and her organization . Council expressed concern on whether they could legally contribute to a private non-profit organ-ization . COUNCILMAN WILLIAMS MOVED TO DONATE $495.00, THE BALANCE, TO SPONSOR THE TWO GIRLS FROM ENGLEWOOD TO GO TO THE CO MPETITIO N IN MILWAUKEE , WI SCONSIN , IF THE CITY ATTORNEY STAT ES IT IS LEGALLY POSSIBLE FOR THE CITY TO DO SO . Councilman Sm ith seconded the motion. Co un cilman Harper stated the Counc il mi ght be over- funding if the girls are still planning to ra i se money at other events prior to leaving for the competition. Mrs . Fraz er s t ated there is one more funding project scheduled for Saturday, July 22, at Centenntial Park . Mayor Taylor stated the g i rls should be able to make money from their next project and stated he was against funding the full balance of their~tc~p, ~ayor .Xaylor cautioned other Council members that a p~ecedent could be set by funding any part of their request. MAYOR TAYL OR MOV ED TO AME ND TH E MOTION TO DONATE A TOTAL OF $2 00.00. Councilman Clayton s econd e d the mot i on . Mayor Taylor stated he felt tha t if s t udents wer e go- ing to benefit from any competitive participation wh eth e r it be band or twirling they should get out a n d con tact a s many ser vice clubs, etc . as possible . Mayor Taylor s t ated he was agai n s t subsidizing the balance . Upon a call of the roll, the vote on t h e a me n dme n t res u lted as follows: Ayes : Council Members Harper, Clayt on, Ta y lo r . Nays : Co uncil Members Mann, Williams, We b er Smith. The Mayor declared the motion defeated . * * * * * * • I . ( ( ( • July 17, 1978 Page 5 • • .. COUNCILMAN SMITH MOVED TO AMEND THE ORIGINAL MOTION THAT A MAXIMUM AMOUNT OF $495.00 BE DONATED AND THAT MRS. FRAZER SUBMIT A BALANCE AFTER THE NEXT FUND RAISlNG EVENT. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Taylor. Council Members Mann, Williams. The Mayor declared the motion carried. * * * * * * Upon a call of the roll, the vote on the original motion made by Councilman Williams resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton. Council Member Taylor. The Mayor declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO TAKE AGENDA ITEM 6B, A BILL FOR AN ORDINANCE CONCERNING CREATING A DOWNTOWN DEVELOPMENT AUTHORITY, OUT OF ORDER FOR COUNCIL ACTION AT THIS TIME. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Mann, Williams, Weber, Harper, Clay t on, Taylor. Counc i l Member Smith. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING THE QUESTION OF THE ESTABLISHMENT OF A DOWNTOWN DEVELOPMENT AUTHORITY TO A VOTE OF THE QUALIFIED ELECTORS OF THE DISTRICT AND PROVIDING FOR THE CONDUCT THEREOF • • I • July 17, 1978 Page 6 • • - COUNCILMAN MANN MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the motion. City Attorney Berardini stated there were corrections and insertions to be made in the bill. On page 4, second para- graph, third line describing "Lessee", the letter "d" should be stricken from the word "lic~sed". On page 7, fourth paragraph, third line describing "Lessee", the letter "d" should be stricken from the word "licensed". City Attorney stated he had sent a copy of the bill to Mr. Simon, one of the members of the Ad Hoc Committee, and asked him to review the bill and submit any comments. City Attorney Berardini stated a representative, Mr. Terry Crow, from Mr. Simon's office notified him of a change. City Attorney Berardini stated the change does not affect the intent or the legality of the submission substantially. City Attorney Berardini stated the change is in the language and is taken directly from the statute. City Attorney Berardini stated the insertion would be in the question to be voted upon and stated the below mentioned words would follow the word "amended" in the question: • • "to serve a public use, to promote' health, safety, prosperity, security and welfare of th e inhabitants of the municipality and to halt and prevent deteri- oration of property values in the central business district". City Attorney Berardini stated this insertion would be placed on page l, last paragraph, third line that appears in capital letters; on page 5, first paragraph, eighth line in the notice of special election; and on page 8, las~ paragraph, last line in the special ballot form. At the request of the City Attorney, Mr. Terry Crow, J 703 First National Bank Building, of Richard Simon's office, appeare before Council and discussed the reason for wanting to include the additional language in the question. Mr. Crow stated the additional language should help the public better understand what the authority can do, i.e. help the general welfare and halt the deterioration of the downtown area. COUNCILMAN SMITH MOVED TO AMEND THE MOTION BY APPROVING THE AMENDMENT AS SUBMITED BY MR. CROW OF RICHARD SIMON'S OFFICE AND THAT IT BE INSERTED AS PRESENTED. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann , Williams, Weber, Smith, Harper, Clayton, Taylor. None. • ) I • ( ( ( • July 17, 1978 Page 7 • • • The Mayor declare d the motion carried . * * * * * * Upon a call of the roll, the vote on the original mot ion resulted as follows: Ayes: Nays: Council Me bers Mann, Will iams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried . * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard at this time . Gene Schneider, a representative from th e Englewood Public School s, appeared before Council and entered into the re- cord a memorandum from Deborah Pool, Board of Educa tion, dated July 17, 19 78 concerning approval of recommended traffic signal changes. Mayor Taylor thanked Mr . Schneider for delivering the memorandum and stated this matter appeared on the agenda and would be handled later on in the meeting along with the six-quarter budget. * * * * * * Mayor Taylor declared a recess at 8:45 p .m. The Council reconvened at 9:00 p.m. Mayor Taylor asked for roll call . Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) Minutes of the Planning and Zoning Commission meeting of June 13, and June 20, 1978 • • I • • .... July 17, 1978 Page 8 (b) (c) • • • • •• Memorandum from the Director of Community Development to the City Manager concerning his attendance at the Joint Development Market Place Conference, in Washington, D.C. June 25-27, 1978. Financial Report for the month of June, 1978 Mayor Taylor discussed Item (c) Financial Report and what he felt was a mis-classification of expenditures for the City Council section under Legislation & Council. Mayor Taylor asked that this matter be discussed later at a budget retreat and possibly re-classify the money under another item. Councilman Clayton discussed changing the format of the report. City Manager McCown answered several questions Council-man Mann had concerning the Sewer Fund. * * * * * * City Manager McCown presented a request for a 3.2 beer license renewal -consumption on the premises -for the John, 90 West Belleview. City Manager McCown stated a police report on this business was attached to the request. City Manager McCown stated the possible liquor violation was investigated and police found the complaint to be invalid when they discovered that all the people in the establishment after hours were employees and under the state liquor code they can consume alcohol after closing. COUNCILMAN WEBER MOVED TO APPROVE THE APPLICATION FOR RENEWAL FOR A 3.2 BEER LICENSE FOR THE JOHN AT 90 WEST BELLEVIEW. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Na y s: Council Members Mann, Williams, Weber, Smith , Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Finance to the Mayor and Members of Council trans- mitting a request for annexation of a parcel of land bordered on the north by West Stanford and on the south by West Tufts Avenue. • I • • ( • July 17, 1978 Page 9 • • .. COUNCI LMAN WEBER MOVED TO REFER THE ANNEXATION PETITION TO THE COMMUNITY DEVELOPMENT DEPARTMENT. Councilman Mann seconded t he motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None . The Mayor declared the motion carried . * * * * * * City Manager McCown presented a letter from the Ur b a n Dra inage Flood Control District requesting additional monies for the Holly Dam. City Manager McCown stated the low bid received for the construct ion of the project is higher that what was es timated. The District is requesting that Englewood make a comm itment of SO% or $16,865. The District plans on contacting several other communities to request their participation and if any o f them agree to participate, Englewood's share will be re - duce d . City Manager McCown stated there is no money budgeted for this item in the PIF; but advised Council to go ahead and ap p r ov e it and decide at a later date f rom where the money will come. COUNCILMAN SMITH MOVED TO APPROVE THIS PROJECT FOR A MAXI MUM OF $16,865 TO BE PRORATED BASED ON OTHER MUNICIPALITIES ' PARTIC IPATION . Councilman Mann seconded the motion. Upon a c a ll of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Municipal Court Judge to the Mayor and Members of Council con-cerning court facilities. COUNCILMAN SMITH MOVED TO POSTPONE THIS MATTER UNTIL AUGUST 7, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor • • I • • • July 17, 1978 Page 10 Nays: None. • • .. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WEBER BY AUTHORITY ORDINANCE NO. 15, SERIES OF 1978 AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF GENERAL OBLI- GATION REFUNDING WATER BONDS, SERIES 1978 , IN THE PRINCIPAL AMOUNT OF $8,455,000 OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE PUR- POSE OF REFUNDING GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, AND GENERAL OBLIGATION WATER IMPRO VEMENT BONDS, DATED FEBRUARY 1, 1978, OF THE CITY OUTSTANDING IN THE AGGREGATE AMOUNT $9,310,000; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PROVIDING FOR THE LEVY OF TAXES TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. City Attorney Berardini stated there had been an addition error and the dollar amount on page 19, Section 9 has been corrected to show $532,173~ the amount shown on the bill at first was $432,173 and was in error. City Attorney Berardini stated he discussed the affect of this change with the City's bond- ing attorneys in this matter and they agreed that the change was minor. The City Attorney advised Council to pass the ordinance on final reading and direct that the ordinance be published in full. COUNCILMAN WEBER MOVED TO PASS ORDINANCE NO. 15, SERIES OF 1978 ON FINAL READING AND INSTRUCT THAT THE ORDINANCE BE PUB- LISHED IN FULL AS READ BY THE CITY ATTORNEY. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 48, SERIES OF 1978 A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD • I • • ( ( ( • Jul y 17, 1978 Page 11 ,. • • • 0 AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS , STATE OF COLORADO, REL ATI NG TO FEDERAL AID URBA N SYSTEM PROJEC T M-1154 (2), DARTMOUTH AVENUE FROM LI NCOL N STREE T TO LOGAN STREET, CITY OF ENGLEWOOD. COUNCILMAN CLAYTON MOV ED TO PASS RESOLUTION NO. 48, SERIES OF 1978 SUBJE CT TO APPROVAL OF FUND S IN THE SIX -QUARTER BUDGET AT A LATER TIME. Councilman Wi lliams seconded the motion . Upon a call of the roll, the vote r esulted as follow s: Ayes: Nays : Council Members Mann, Williams , Weber, Smith, Harper, Clayton, Taylor . None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memo randum f rom himself to the Council concerni ng the Six-Quarter Bu dget for t he pe riod of July, 1978 to Dece mber , 1979 . City Manager McCown discussed the memorandum in deta il. Councilmen Weber and Smith expressed their concern over deleting Han dicapp ed Play Appar atus fro m the budget . RESOLUTION NO. 49, SERIES OF 1 978 A RESOLUTION AMENDING THE 1978 BUDGET IN THE PUBLIC IMP ROVEMENT FUND. COUNCILMAN SMITH MOVED TO PASS RESOLUT I ON NO . 49, SERIES OF 1978. Councilman Clayton seconded the motion . Counci l discus sed the need for handicapped play equi-~ent , the di ffic ul ty of finding adequate equipment and how to h andle the g r ant money that will be issued for the equipm ent. COUNCILMAN WEBER MOVED TO AMEND THE MOTION TO REMOVE THE $12,000 FOR PLAY EQUIPMENT FOR THE HANDICAPPED. Co uncil-man Smith. In response to Councilman Harper's question, Council - man Web er stated he did not have a re placement for the $12,0 00 at this point and wanted to study the matter at a later time. City Manager McCown advised Council to pass the re- solution amend ing the six-quarter budget and direc t staff to replace the $12,000 before the next time the budget comes up • • I • • • July 17, 1978 Page 12 • • - Councilman Weber withdrew his motion for amendment. Councilman Smith withdrew the second to the motion. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * Councilman Smith directed the City Manager to replace the $12,000 in the six quarter budget between now and the next time the budget is submitted. * * * * * * Councilman Weber directed the City Manager to submit a report on the approximate cost for providing a curb ramp between Craig Hospital and Cinderella City for wheelchairs along the direct route. * * * * * * Councilman Smith ~~quested the City Manager to get a report from Parks and Recreation on the availability and cost of handicapped playground equipment. * * * * * * COUNCILMAN SMITH MOVED TO A SET A PRE-BUDGET HEARING ON AUGUST 21, 1978 AT COUNCIL'S REGULAR MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declarea the mot~.carried. -·-···1 .. * * * * * * COUNCILMAN SMIT~~VED TO SET A PUBLIC HEARING ON PRO- POSED USES FOR 1979 REVENUS~HkRING FUNDS AT COUNCIL'S REGULAR • I • • ( • July 17, 1978 Page 13 • • .. MEETING ON SEPTEMBER 5, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as foll ows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO SET A PUBLIC HEAR ING ON THE 1979 PROPOSED BUDGET AT A SPECIAL MEETING ON SEPTEMBER 25, 1978. Councilman Weber seconded the motion . Up on a call of the roll, the vote resulted as follows: Ayes: Nays : Counci l Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor . None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO SCHEDULE A LO CAL FACILITY OTHER THAN CITY HALL FOR A LOCAL BUDGET RETREAT PREFE RABLY OVER A SATURDAY AND SUNDAY REQUIRING NO ROOM RESERVATIONS OTHER THAN A MEETING ROOM RESERVATION AND MEALS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Council Members Weber, Smith, Harper, Clayton. Nays: CouncLl Membe rs Mann, Williams, Taylor. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum concerning the supply and installation of acoustone sound-absorbing pane ls for the mul i-purpose room at the Elsie Malley Center. City Manager McCown stated the low bid was received from Dyna-Systems, Inc. for $2,552.19 and the City Manager recommended acceptance of this bid. • I • July 17, 1978 Page 14 ,. • • .. COUNCILMAN WEBER MOVED TO ACCEPT THE BID FROM DYNA- SYSTEMS, INC. FOR THE ACOUSTICAL TILE INSTALLATION AT THE EL SIE MALLEY CENTER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Ta y lor. None. The Mayor declared the motion carried . * * * * * * Mayor Taylor discussed his concern over the lack o f attendance at meetings of Boards and Comm issions. Mayor Taylor requested this matter be discus sed at a study session to deter- mine what needs to be done to get better attendance. Mayor Taylor also queried whether Council members should serve on Boards and Commissions. * * * * * * Councilman Clayton requested Council consider the possibil- ity of restructuring the roll call to place th e Mayor Pro Tern as the sixth name and be eliminat ed from the rotation. Councilman Clayton expressed his opinions concerning this change . Councilman Weber ob j ected . Councilman Weber stated the the roll call should remain as is . Mayor Taylor suggested that this matter be discussed at a study session. * * * * * * Councilman Mann requested Director of Public Works Waggoner to appear before Council and they discussed the planned construction along Dartmouth Avenue. Councilman Mann also asked the Director to fi nd out the previous designation for Broadw ay . * * * * * * COUNCILMAN WILLLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor • • I • ( • July 17 , 19 78 Page 15 Na ys : None. • • - The Mayor declar ed the mot i on carried and the meeting was adjourned at 10 :4 5 p .m. • , I • • ( • REGULAR MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 17, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular s~ssion on July 17, 1978, at 7:30p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn, Im- manuel Lutheran Church, 3695 South Acoma Street. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF JULY 3, 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams, Weber, Harper, Clayton, Taylor. Nays: None. Abstain : Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • July 17, 1978 Page 2 • • .. Pre-scheduled visitor, Doug Sovern, 4550 South Knox Court, was present as a representative of the Englewood Volunteer Fire Department. Mr. Sovern presented Mayor Taylor with a check for $740.00 for the Diamond Jubliee Committee. Mr. Sovern stated the money was the City's share of the proceeds from the Firemen's Ball which was the Diamond Jubilee Carnation Ball this year. Mr. Sovern requested Council to give a portion of this money to Jaycees for all the efforts that the Jaycees have done for the City. Mayor Taylor commented that a letter should be written to the Jaycees commending them for producing such a fine 4th of July celebration. COUNCILMAN CLAYTON MOVED TO WRITE A LETTER OF APPRE- CIATION TO ENGLEWOOD VOLUNTEER FIRE DEPARTMENT AND TO VOLUNTEER CHIEF DOUG SOVERN FOR APPRECIATION ALL THEY HAVE DONE AND TO MENTION THE CHECK FOR $740.00. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS A MOTION OF APPRECIATION FOR THE ENGLEWOOD JAYCEES FOR THE EXCELLENT JOB THEY DID IN THE JULY 4TH EVENTS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * Councilman Clayton requested the City Manager to submit a report to Council on what the situation of the Jaycees was after the celebration so Council could make a decision on how much money to contribute to them. * * * * * * • I • ( • July 17, 1978 Page 3 • • .. COUNCILMAN CLAYTON MOVED TO TAKE AGENDA ITEM SE, A MEMORANDUM FROM THE TAX COMMITTEE TO MEMBERS OF THE COUNCIL REQUESTING FUNDS FOR DEVELOPMENT OF AN ECONOMETRIC MODEL FOR FORECASTING SALES AND USE TAX REVENUES, OUT OF ORDER FOR COUNCIL ACTION AT THIS TIME. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested Doug Sovern to appear before Council and discuss the memorandum. Doug Sovern, 4550 South Knox Court, appeared before Council and discussed the purpose and advantages of having the econometric model for forecasting sales and use tax re- venues. Mr. Sovern stated the mode! has been developed by the firm Briscoe, Maphis, Murray & Lamont, Inc. and the cost is $1,200. Mr. Sovern requested Council to accept thi.s con- cept and make an expenditure of $1,200 so the development of a model for Englewood could get started. COUNCILMAN SMITH MOVED TO APPROPRIATE THE SUM OF $1 ,2 00 FOR THE TAX COMMITTEE TO PARTICIPATE IN THE ECONOMETRIC MODEL FOR REVENUE FORECASTING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Mrs. Donna Frazer, Instructor at Charles Hay and Director of the Mile Hi Majorettes, was pre- sent and discussed her request for funds to send Barbara Wilson, 3210 South Washington and Sheri Bond, 3211 South Washington, to the U.S. Twirling Association Grand National competition in Milwaukee, Wisconsin. Mrs. Frazer stated the girls are students at Englewood High School. Mrs. Frazer also stated the girls • I • • July 17, 1978 Page 4 • • .. have been trying to raise money to pay for their trip on Ju l y 28, 1978. Mrs . Frazer stated each girl has $164.50 towards the tr i p ; however, the tota l expense for each girl is $412.00. Mrs. Frazer stated the purpose of her visit was to request that Council help send the girls to the U.S. competition by making a contribution of some donation. Mrs. Frazer stated she was making the request for the two girls from Englewood exclusively. Council queried Mrs. Frazer at length on this matter and her organization. Counc i l expressed concern on whether they could legally contribute to a private non -profit organ- ization . COUNCILMAN WILLIAMS MOVE D TO DONATE $495.00, THE BALANCE, TO SPONSOR THE TWO GIRLS FROM ENGLEWOOD TO GO TO THE COMPETITION IN MILWAUKEE , WISCONSIN, IF THE CITY ATTORNEY STATES IT IS LEGALLY POSS I BLE FOR THE CITY TO DO SO. Counc i lman Smith seconded the mo t ion . Councilman Harper stated t he Counc il mi ght be over- f und i ng if the g i rls are still plann i ng t o raise money at other events prior to leaving for the compe tition. Mrs. Fraz e r s t a t ed t h ere i s on e more funding project schedu l e d f or Saturday, July 22 , a t Centenntial Park. Mayor T~ylor stated t he g i rls s hould be able to make mon ey fro m their next project and s t ated h e was against funding the fu l l balanc e of their,tr~p, ~ayo~.Tay l or cautioned other Counc il members that a p~~~~~en t could be s e t by funding any p a r t of th e ir request. MAYOR TAYLOR MOVED TO AMEND THE MOTION TO DONATE A TOTAL OF $200 .00 . Councilman Clayton seconded the mo tion . Mayor Taylor stated he felt that if students were g o - ing to benefit from any competitive participation wheth er it be band or t wirling they should get out and contact as many servic e clubs, e tc. as possible. Mayor Taylor stated he was against subsid izing the balance . Upon a call of the roll, the vote on the ame ndm en t resulted as follows: Ayes : Nays : Council Members Harper, Clayton , Taylo r . Council Members Mann, Williams, Weber Smith . Th e Mayor declared the motion defeated. * * * * * * • I • • ( ( • July 17, 1978 Page 5 • • - COUNCILMAN SMITH MOVED TO AMEND THE ORIGINAL MOTION THAT A MAXIMUM AMOUNT OF $495.00 BE DONATED AND THAT MRS. FRAZER SUBMIT A BALANCE AFTER THE NEXT FUND RAISlNG EVENT. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Taylor. Council Members Mann, Williams. The Mayor declared the motion carried. * * * * * * Upon a call of the roll, the vote on the original motion made by Councilman Williams resulted as follows: Ayes: Council Members Mann, Williams, Weber, Smith, Harper, Clayton. Nays: Council Member Taylor. The Mayor declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO TAKE AGENDA ITEM 6B, A BILL FOR AN ORDINANCE CONCERNING CREATING A DOWNTOWN DEVELOPMENT AUTHORITY, OUT OF ORDER FOR COUNCIL ACTION AT THIS TIME. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Mann, Williams, Weber, Harper, Clayton, Taylor. Council Member Smith. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING THE QUESTION OF THE ESTABLISHMENT OF A DOWNTOWN DEVELOPMENT AUTHORITY TO A VOTE OF THE QUALIFIED ELECTORS OF THE DISTRICT AND PROVIDING FOR THE CONDUCT THEREOF • • I • • July 17, 1978 Page 6 • • - COUNCILMAN MANN MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the motion. City Attorney Berardini stated there were co r rections and insertions to be made in the bill. On page 4, second para- graph, third line describing "Lessee", the letter "d" should be stricken from the word "licensed". On page 7, fourth paragraph, third line describing "Lessee", the letter "d" shou ld be stricken from the word "licensed". City Attorney stated he had sent a copy of the bill to Mr. Simon, one o f the members of the Ad Hoc Committee, and asked him to review the bill and submit any comment s . City Attorney Berardini stated a r e pr esentative, Mr. Terry Crow, from Mr. Simon's office notified him of a change. City Attorney Berardini stated the change does not affect the intent or the legality of the submission substantially. City Attorney Berardini stated the change is in the language and is taken directly from the statute . City Attorney Berardini stated the insertion would be in the question to be voted upon and stated the below mentioned words would follow the word "amended" in the question: • • "to serve a public use, to promote' health, safety, prosperity, security and welfare of the inha bitants of the municipality and to halt and prevent deteri - oration of property values in the central business district", City Attorney Berardini stated this insertion would be placed on page 1, last paragraph, third line that appears in capital letters; on page 5, first paragraph, eighth line in the notice of special election; and on page 8, las~ paragraph, last line in the special ballot form. At the request of the City Attorney, Mr. Terry Crow, 703 First National Bank Building, of Richard Simon's office, appeared before Council and discussed the reason for wanting to include the additi onal language in the question. Mr. Crow stated the additional language should help the public better understand what the authority can do, i .e. help the general welfare and halt the deteriorat ion of the downtown area. COUNCILMAN SMITH MOVED TO AMEND THE MOTION BY APPROVING THE AMENDMENT AS SUBMITED BY MR. CROW OF RICHARD SIMON'S OFFICE AND THAT IT BE INSERTED AS PRESENTED. Councilman Weber seconded the motion . Upo n a call of the roll, the vote resulted as follows: Ayes : Nay s . Council Members Mann , Williams, Weber, Smith, Harper , Clayton, Taylor. None. • I • ( • July 17, 1 978 Page 7 • • • Th e May or de clared th e mot i on carried. * * * * * * Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Me b e r s Man n , Williams, We ber, Smith, Harp er , Clayton, Taylor . None . The Mayor decla re d the motion carried . * * * * * * Mayor Taylor asked if there were any o the r visitors wishing to be heard at this time. Gene Schneider, a representative fr om t he Englewood Publ ic Schools, appeared before Council and entered into the re- cord a memorandum from Deborah Po ol, Board of Edu cation, d ated July 17 , 1978 conc erning app r ov al of recommended traffic s i gnal changes. Mayor Taylor thanked Mr . Schneider for del ivering the memorandum and stat ed this matter appeared on the agenda and would be handl ed later on in the meeting along with the six-quarter budge t. * * * * * * Mayor Taylor dec l ared a recess at 8:45 p.m. The Council reconvened at 9:00 p.m. Mayor Tay l or asked for roll call. Upon a call of the roll, t h e following were present: Council Member s Wil liams, Weber, Smith, Harper, Clayton, Man n , Taylor. Absent : Non e . The Mayor declared a quorum present . * * * * * * "Communications -No Actio n Recommended" on the agenda were received : (a) Minutes of the Planning and Zoning Commission meeting of June 13, and June 20, 1978. • I • • n • -~ July 17, 1978 Page 8 (b) (c) • • • .. . , Memoran dum from the Director of Community Developm ent to the City Manager concerning his attendance at the Joint Development Ma rket Place Conference, in Washington, D.C. June 25-27, 1978. Financial Report for the month of June, 1978 Mayor Taylor discussed Item (c) Financial Report and what he felt was a mis-classificat ion of expenditures for the City Counc il section under Legi slation & Council. Mayor Taylor asked that this matter be discussed later at a budget retreat and possibly re-classify the money under another item. Councilman Clayton discussed changing the format of the report. City Manager McCown answered several questions Council- man Mann had concerning the Sewer Fund. * * * * * * City Manager McCown presented a request for a 3.2 beer license renewa l -consumption on the premises -for the John, 90 West Belleview . City Manager McCown stated a police report on this business was attached to the request. City Manager McCown stat ed the possible liquor violat ion was investigated and police found the complaint to be invalid when they discovered that all the people in the establishment after hours were employees and under the state liquor code they can consume alcohol after closing. COUNCILMAN WEBER MOVED TO APPROVE THE APPLICATION FOR RENEWAL FOR A 3.2 BEER LICENSE FOR THE JOHN AT 90 WEST BELLEVIEW. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Finance to the Mayor and Members of Council trans- mitting a request for annexation of a parcel of land bordered on the north by West Stanford and on the south by West Tufts Avenue. • I • ( • July 17, 1978 Page 9 • • .. COUNC ILMAN WEBER MOVED TO REFER THE ANNEXATION PETITION TO THE COMMUNITY DEVELOPMENT DEPARTMENT. Councilman Mann se conded the motion . Upon a call of the roll, the v ote resu lted as fol lows: Ayes: Nays: Counc il Members Mann, Williams, Weber, Smith, Harper, Clayton, Ta ylor. None . The Mayor declared the moti on carried. * * * * * * City Manager McCown presented a letter from the Urban Drainage Flood Cont rol District requesting additional mon i es for the Holly Dam. City Manager McCown stated the low bid received for the construction of the project is higher that what was estimated. The District is requesting that Engl ewood make a commitment of 50% or $1 6 ,86 5. The District plans on c ontacting several other communities to request the i r participation and if any of them agree to participate, Englewo od's share will be re- duced. City Manage r McCown stated there is no money budgeted for this item in the PIF; but advised Council to go ahead and approve it and decide at a later dat e from where the money will come. COUNCILMAN SMITH MOVED TO APPROVE TH IS PROJECT FOR A MAXIMUM OF $16,865 TO BE PRORATED BASED ON OTHER MUN ICIPALITIES' PARTICIPATION. Counci lman Mann seconded the mot ion . Upon a call of the roll , the vote resulted as foll ows: Ayes: Council Members Mann, Williams, Weber, Smith, Harper , Clayton, Taylor. Nays: None. The Mayor declared ilie motion carried . * * * * * * City Manager McCown presented a memorandum from the Municipal Court Judge to the Mayor and Members of Council con- cerning court facilities. COUNCILMAN SMITH MOVED TO POSTPONE THIS MATTER UNTIL AUGUST 7, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor • • I • July 17, 1978 Page 10 • • .. Nays: None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCI LMAN WEBER BY AUTHORITY ORDINANCE NO. 15, SERIES OF 1978 AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF GENERAL OBLI- GATION REFUNDING WATER BONDS, SERIES 1978, IN THE PRINCIPAL AMOUNT OF $8,455,000 OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE PUR- POSE OF REFUNDING GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, AND GENERAL OBLIGATION WATER IMPROVEMENT BONDS, DATED FEBRUARY l, 1978, OF THE CITY OUTSTANDING IN THE AGGREGATE AMOUNT $9,310,000; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PROVIDING FOR THE LEVY OF TAXES TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. I City Attorney Berardini stated there had been an / addition error and the dollar amount on page 19, Section 9 has been corrected to show $532,173: the amount shown on the bill at first was $432,173 and was in error. City Attorney Berardini stated he discussed the affect of this change with the City's bond- ing attorneys in this matt er and they agreed that the change was minor. The City Attorney advised Council to pass the ordinance on final reading and direct that the ordinance be published in full. COUNCILMAN WEBER MOVED TO PASS ORDINANCE NO. 15, SERIES OF 1978 ON FINAL READING AND INSTRUCT THAT THE ORDINANCE BE PUB- LISHED IN FULL AS READ BY THE CITY ATTORNEY. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 48, SERIES OF 1978 A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD • , I • • ( c • July 17, 1978 Page 11 • • .. AND THE ST AT E DEP ART MENT OF HIGHWAYS, DIVI SION OF HIGHWAYS , STATE OF COLORADO, REL AT ING TO FEDERAL AID URBAN SYSTE M PROJECT M-1154 (2), DARTMOUTH AVENUE FROM LINCOLN STREET TO LOGAN STREET, CITY OF ENGLEWO OD. CO UNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 48, SERIES OF 1978 SUBJECT TO APPROVAL OF FUNDS IN THE SIX -QUARTER BUDGET AT A LATER TIME. Councilman Williams seconded the motion . Up on a c all of the roll, the vote resulted as follow s: Ayes: Nays: Council Members Mann, Williams, Weber, Smi th , Harper , Clayton, Taylor . None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from him self to the Counc il concerning the Six-Quarter Budget for the period of July , 1978 to December, 1979 . City Ma n ager McCown discussed the memorandum in detail. Councilmen Weber and Smith expressed their concern over dele ting Handicapped Play Apparatus from the budget . RESOLUTIO N NO. 49, SERIES OF 1978 A RESOLUT I ON AMENDING THE 1978 BUDGET IN THE PUBLIC IMPROVEMEN T FUND. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 49, SERIES OF 1978. Councilman Clayton seconded the motion. Council d iscus sed the need for handicapped play equi-~en t, the difficulty of finding adequate equipment and how to handle the grant money that will be issu ed for the equi pment. COUNCILMAN WEBER MOVED TO AMEND THE MOTION TO REMOVE THE $12,000 FOR PLAY EQUIPMENT FO R THE HANDICAPPED. Co unc il-ma n Smith. In response to Councilman Harper's question, Council- man Weber stated he did not have a replacement for the $12,000 at this point and wanted to study the matter at a later time. City Manager McCown advised Council to pass the re- solution amending the six-quarter budget and direct staff to replace the $12,000 before the next time the budget comes up • • I • • July 17, 1978 Page 12 ,. • • - Councilman Weber withdrew his motion for amendment. Councilman Smith withdrew the second to the motion. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * Councilman Smith directed the City Manager to replace the $12,000 in the six quarter budget between now and the next time the budget is submitted. * * * * * * Councilman Weber directed the City Manager to submit a report on the approximate cost for providing a curb ramp between Craig Hospital and Cinderella City for wheelchairs along the direct route. * * * * * * Councilman Smit~%~~~ested the City Manager to get a report from Parks and Recreation on the availability and cost of handicapped playground equipment. * * * * * * COUNCILMAN SMITH MOVED TO A SET A PRE-BUDGET HEARING ON AUGUST 21 , 1978 AT COUNCIL'S REGULAR MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Mann, Williams, Weber, Smith , Harper, Clayton, Taylor. None. The Mayor declare·a :the mot!L.Qn . carried, -··-l--' .. * * * * * * COUNCILMAN SMIT~~VED TO S~T A PUBLIC HEARING ON PRO- POSED USES FOR 1979 REVENU~HA~ING FPNDS AT COUNCIL'S REGULAR • I • • ( I ( • July 17, 1978 Page 13 • • - MEETING ON SEPTE MBER 5, 1978. Counc ilman Clayton seconded the motion. Upon a c all of the roll, the vote resulted as fol lows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor . None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING ON THE 1979 PROPOSED BUDGET AT A SPECIAL MEETING ON SEPTEMBER 25, 1978 . Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays : None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO SCHEDULE A LOCAL FACILITY OTHER THAN CITY HALL FOR A LOCAL BUDGET RETREAT PREFERABLY OVER A SATURDAY AND SUNDAY REQUIRING NO ROOM RESERVATIONS OTHER THAN A MEETING ROOM RESERVATION AND MEALS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes : Counc il Membe rs Weber, Smith, Harper, Clayton. Nays: Counc il Members Mann, Williams, Taylor. The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum concerning the supply and installation of acoustone sound-absorbing panels for the multi-purpose room at the Elsie Malley Center. City Manager McCown stated the low bid was received from Dyna-Systems, Inc. for $2,552.19 and the City Manager recommended acceptance of this bid. • I • • July 17, 1978 Page 14 • • .. COUNCILMAN WEBER MOVED TO ACCEPT THE BID FROM DYNA- SYSTEMS, INC. FOR THE ACOUSTICAL TILE INSTALLATION AT THE ELSIE MALLEY CENTER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carr ied. * * * * * * Mayor Taylor discussed his concern over the lack of attendance at meetings of Boards and Commissions. Mayor Taylor requested this matter be discussed at a study session to deter- mine what needs to be done to get better attendance. Mayor Taylor also queried whether Council members should serve on Boards and Commissions. * * * * * * Councilman Clayton requested Council consider the possibil- ity of restructuring the roll call to place the Mayor Pro Tern as the sixth name and be eliminated from the rotation. Councilman Clayton expressed his opinions concerning this change. Councilman Weber objected. Councilman Weber stated the the roll call should remain as is. Mayor Taylor suggested that this matter be discussed at a study session. * * * * * * Councilman Mann requested Director of Public Works Waggoner to appear before Council and they discussed the planned con struction along Dartmouth Avenue. Councilman Mann also asked the Director to find out the previous designation for Broadway. * * * * * * COUNCILMAN \JILLLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor • • I - l ( • July 17, 1978 Page 15 Nay s: None . • • • The Mayor declared the mot i on carried and the meeting was adjourned a t 10 :4 5 p.m. • I • • ( • • • - COUNCIL CHAMBERS CIT Y OF ENGLEWOOD, COLORADO July 17, 1978 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular s~ssion on July 17, 1978, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn, Im- manuel Lutheran Church, 3695 South Acoma Street. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF JULY 3, 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams, Weber, Harper, Clayton, Taylor. Nays: None. Abstain: Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • - • July 17, 1978 Page 2 • • - Pre-scheduled visitor, Doug Sovern, 4550 South Knox Court, was present as a representative of the Englewood Volunteer Fire Department. Mr. Sovern presented Mayor Taylor with a check for $740.00 for the Diamond Jubliee Committee. Mr. Sovern stated the money was the City's share of the proceeds from the Firemen's Ball which was the Diamond Jubilee Cornation Ball this year. Mr. Sovern requested Council to give a portion of this money to Jaycees for all the efforts that the Jaycees have done for the City. Mayor Taylor commented that a letter should be written to the Jaycees commending them for producing such a fine 4th of July celebration. COUNCILMAN CLAYTON MOVED TO WRITE A LETTER OF APPRE- CIATION TO ENGLEWOOD VOLUNTEER FIRE DEPARTMENT AND TO VOLUNTEER CHIEF DOUG SOVERN FOR APPRECIATION ALL THEY HAVE DONE AND TO MENTION THE CHECK FOR $740.00. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS A MOTION OF APPRECIATION FOR THE ENGLEWOOD JAYCEES FOR THE EXCELLENT JOB THEY DID IN THE JULY 4TH EVENTS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays : None. The Mayor declared the motion carried. * * * * * * Councilman Clayton requested the City Manager to submit a report to Council on what the situation of the Jaycees was after the celebration so Council could make a decision on how much money to contribute to them. * * * * * * • ) I • ( ( • July 17, 1978 Page 3 • • .. COUNCILMAN CLAYTON MOVED TO TAK E AGEN DA ITEM 5E, A MEMORANDUM FROM THE TAX COMMITTEE TO MEMBERS OF THE COUNCIL REQUESTING FUNDS FOR DEVELOPMENT OF AN ECONOMETRIC MODEL FOR FORECASTING SALES AND USE TAX REVENUES, OUT OF ORDER FOR COUNCIL ACTION AT THIS TIME. Councilman Smith seconded the motion. Upon a call of the roll , the vote resulted as follows : Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper , Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested Doug Sovern to appear before Council and discuss the memorandum. Doug Sovern, 4550 South Knox Court, appeared before Council and discussed the purpose and advantages of having the econometric model for forecasting sales and use tax re- venues. Mr. Sovern stated the model has been developed by the firm Briscoe, Maphis, Murray & Lamont, Inc. and the cost is $1,200. Mr. Sovern requested Council to accept this con- cept and make an expenditure of $1,200 so the development of a model for Englewood could get started. COUNCILMAN SMITH MOVED TO APPROPRIATE THE SUM OF $1,200 FOR THE TAX COMMITTEE TO PARTICIPATE IN THE ECONOMETRIC MODEL FOR REVENUE FORECASTING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Mrs. Donna Frazer, Instructor at Charles Hay and Director of the Mile Hi Majorettes, was pre- sent and discussed her request for funds to send Barbara Wilson, 3210 South Washington and Sheri Bond, 3211 South Washington, to the U.S . Twirling Association Grand National competition in Milwaukee , Wisconsin. Mrs. Frazer stated the girls are students at Englewood High School. Mrs. Frazer also stated the girls • I • • July 17, 197 8 Page 4 •' • • .. have been trying to raise money to pay for their trip on July 28, 1978 . Mrs. Frazer stated each girl has $164.50 towards the trip; however, the total expense for each girl is $412 .00 . Mrs. Frazer stated the purpose of her visit was to request that Council help send the girls to the U.S. competition by making a contribution of some donation. Mrs. Frazer stated she was making the request for the two girls from Englewood exclusively . Council queried Mrs . Frazer at length on this matter and her organization. Council expressed concern on whether they could l egally contribute to a private non-profit organ-ization. COUNCILMAN WILLIAMS MOVED TO DONATE $495 .00, THE BALANCE, TO SPONSOR THE TWO GIRLS FROM ENGLEWOOD TO GO TO THE COMPETITION IN MILWAUKEE, WISCONSIN, IF THE CITY ATTORN EY STATES IT IS LEGALLY POSSIBLE FOR THE CITY TO DO SO . Councilman Smith seconded the motion . Councilman Harper stated the Council might be over- funding if the girls are still planning to raise money at other e v ents prior to leaving for the competition . Mrs. Frazer stated there is one more funding project scheduled for Saturday, July 22, at Centenntial Park . Mayor Taylor stated the girls should b e able to make money from their next project and stated he was against funding the ful l bal a nc e of thei r trip, Mayor .Taylor cautioned other Council members that a pr~cedent could be set by f und ing any part of their request . MAYOR TAYLOR MOVED TO AMEN D THE MOTION TO DONATE A TOTAL OF $200.00 . Councilman Clayton seconded the motion. Mayor Taylor stated he felt that if students were go- ing to benefit from any competitive participation whether it be band or twirling they should get out and contact as many service clubs, etc . as possible. Mayor Taylor stated he was against subsidizing the balance . Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Harper, Clayton, Taylor. Nays: Council Members Mann, Williams , Weber Smith . Th e Mayor declared the motion defeated. * * * * * * • I • • ( ( • July 17, 1978 Page 5 ,. • • • COUNCILMAN SMITH MOVED TO AMEND THE ORIGINAL MOTION THAT A MAXIMUM AMOUNT OF $495.00 BE DONATED AND THAT MRS. FRAZER SUBMIT A BALANCE AFTER THE NEXT FUND RAISING EVENT. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Taylor. Council Members Mann, Williams. The Mayor declared the motion carried. * * * * * * Upon a call of the roll, the vote on the original motion made by Councilman Williams resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton. Council Member Taylor. The Mayor declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO TAKE AGENDA ITEM 6B, A BILL FOR AN ORDINANCE CONCERNING CREATING A DOWNTOWN DEVELOPMENT AUTHORITY, OUT OF ORDER FOR COUNCIL ACTION AT THIS TIME. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Webe r , Harper, Clayton, Taylor. Council Member Smith. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING THE QUESTION OF THE ESTABLISHMENT OF A DOWNTOWN DEVELOPMENT AUTHORITY TO A VOTE OF THE QUALIFIED ELECTORS OF THE DISTRICT AND PROVIDING FOR THE CONDUCT THEREOF • • I • • July 17, 1978 Page 6 • • - COUNCILMAN MANN MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the motion. City Attorney Berardini stated there were corrections and insertions to be made in the bill. On page 4, second para- graph, third line describing "Lessee", the letter "d" should be stricken from the word "licensed". On page 7, fourth paragraph, third line describing "Lessee", the letter "d" should be stricken from the word "licensed". 0 City Attorney stated he had sent a copy of the bill to Mr. Simon, one of the members of the Ad Hoc Committee, and asked him to review the bill and submit any comments. City Attorney Berardini stated a representative, Mr. Terry Crow, from Mr. Simon's office notified him of a change. City Attorney Berardini stated the change does not affect the intent or the legality of the submission substantially. City Attorney Berardini stated the change is in the language and is taken directly from the statute. City Attorney Berardini stated the insertion would be in the question to be voted upon and stated the below mentioned words would follow the word "amended" in the question: "to serve a public use, to promote' health, safety, prosperity, security and welfare of the inhabitants of the municipality and to halt and prevent deteri- oration of property values in the central business district". • City Attorney Berardini stated this insertion would be placed on page l, last paragraph, third line that appears in capital letters; on page 5, first paragraph, eighth line in the notice of special election; and on page 8, last paragraph, last line in the special ballot form. At the request of the City Attorney, Mr. Terry Crow, 703 First National Bank Building, of Richard Simon's office, appeared before Council and discussed the reason for wanting to include the additional language in the question. Mr. Crow stated the additional language should help the public better understand what the authority can do, i.e. help the general welfare and halt the deterioration of the downtown area, COUNCILMAN SMITH MOVED TO AMEND THE MOTION BY APPROVING THE AMENDMENT AS SUBMITED BY MR. CROW OF RICHARD SIMON'S OFFICE AND THAT IT BE INSERTED AS PRESENTED. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays : None. • I • • - ( ( • July 17, 1978 Page 7 • • • The Mayor Jeclared the motion carried. * * * * * * Upon a call of the rol l, the vote on the original mo tion resulted as follows: Aye s: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor . None . The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard at this time . Gene Sc hn eider, a represen ative from the Englewood Pub lic Schools, appeared be ore Council and entered into the re - cord a memorandum from Deborah Pool, Board of Educat i o n , dated July 17, 1978 concern ing approval of r comme nd ed traffic sign al change s. Mayor Taylor thanked Mr. Schneider for delivering th e memorand um and stated this matter appeared on the agenda a nd would b e handled later on in the meeting along with the six-quarter budget. * j.· * * * Mayor Taylor declared a recess at 8:45 p .m. The Co u n cil reconvened at 9 ·00 p.m. Mayor Taylor asked for roll call . Up on a call of the roll, the following were present: Council Members Williams, Weber, Smith , Harper, Clayton, Mann, Taylor . Absent: None. The Mayor declared a quorum present. * * * * * * "Communications -No Action Reco!IUllended" on the agenda were received: (a) Minutes of the Planning a nd Zoning Commission mee ing o Jun 13, and June 20, 1978 • • I • • • July 17, 1978 Page 8 (b) (c) • • .. Memorandum from the Director of Community Development to the City Manager concerning his attendance at the Joint Development Market Place Conference, in Washington, D.C. June 25 -27, 1978. Financial Report for the month of June, 1978 Mayor Taylor discussed Item (c) Financial Report and what he felt was a mis-classification of expenditures for the City Council section under Legislation & Council . Mayor Taylor asked that this matter be discussed later at a budget retreat and possibly re-classify the money under another item. Councilman Clayton discussed changing the format of the report . City Manager McCown answered several questions Council-man Mann had concerning the Sewer Fund . * * * * * * City Manager McCown presented a request for a 3.2 beer license renewal -consumption on the premises -for the John, 90 West Belleview. City Manager McCown stated a police report on this business was attached to the request. City Manager McCown stated the possible liquor violation was investigated and police found the complaint to be invalid when they discovered that all the people in the establishment after hours were employees and under the state liquor code they can consume alcohol after closing. COUNCILMAN WEBER MOVED TO APPROVE THE APPLICATION FOR RENEWAL FOR A 3.2 BEER LICENSE FOR THE JOHN AT 90 WEST BELLEVIEW. Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Mann, Williams, Weber, Smi th , Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Finance to the Mayor and Memb e r s of Council trans- mitting a request for annexation of a par c el of land bordered on the north by West Stanford and on the south by West Tufts Avenue. • I • • ( • July 17, 1978 Page 9 • • .. COUNC ILMAN WEBER MOVED TO REFER THE ANNEXAT ION PETITION TO THE COMMUNITY DEVELOPMENT DEPARTMENT. Councilman Mann seconded the motion. Up on a call of the roll, the v ote resu lted as follow s: Ayes: Nays : Counci l Members Mann, Wi l liams , Weber, Smith, Harper, Clayton, Tay lo r. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a letter from the Urban Drainage Flood Control District requesting additional mo nies for the Holly Dam. City Manager McCown stated the low bid received for the construct ion of the project is higher that what was estimated. The District is requesting that Englewood make a commitment of SO% or $16,865. The District plans on c ontac ting several other communities to request their participation and if any of them agree to participate, Englewood 's share will be re- duced. City Mana ger McCown s ated there is no money budgeted for this item in the PIF ; but advised Council to go ahead and approve it and decide at a la ter date fr om where the money will come. COUNCILMAN SMITH MOVED TO APPROVE THIS PROJ ECT FO R A MAXIMUM OF $16,865 TO BE PRORATED BASED ON OTHER MUNICIP ALIT IES' PARTICIPATION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Counci l Members Mann, Williams, Weber , Smith, Harper, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Municipal Court Judge to the Mayor and Members of Council con-cerning court facilities. COUNCILMAN SMITH MOVED TO POSTPONE THIS MATTER UNTIL AUGUST 7, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Mann, Williams, Weber, Smith , Harper, Clayton, Taylor • • I • • July 17, 1978 Page 10 Nays: None. • • .. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WEBER BY AUTHORITY ORDINANCE NO. 15, SERIES OF 1978 AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF GENERAL OBLI- GATION REFUNDING WATER BONDS, SERIES 1978, IN THE PRINCIPAL AMOUNT OF $8,455,000 OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE PUR- POSE OF REFUNDING GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, AND GENERAL OBLIGATION WATER IMPROVEMENT BONDS, DATED FEBRUARY 1, 1978, OF THE CITY OUTSTANDING IN THE AGGREGATE AMOUNT $9,310,000; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PROVIDING FOR THE LEVY OF TAXES TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. City Attorney Berardini stated there had been an addition error and the dollar amount on page 19, Section 9 has been corrected to show $532,173~ the amount shown on the bill at first was $432,173 and was in error. City Attorney Berardini stated he discussed the affect of this change with the City's bond- ing attorneys in this matter and they agreed that the change was minor. The City Attorney advised Council to pass the ordinance on final reading and direct that the ordinance be published in full. COUNCILMAN WEBER MOVED TO PASS ORDINANCE NO. 15, SERIES OF 1978 ON FINAL READING AND INSTRUCT THAT THE ORDINANCE BE PUB- LISHED IN FULL AS READ BY THE CITY ATTORNEY. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried, * * * * * * RESOLUTION NO. 48, SERIES OF 1978 A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD • I • • July 17, 1978 Page 11 • • .. AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, REL ATING TO FEDERAL AID URBAN SYSTEM PROJECT M-1154 (2), DARTMOUT H AVENUE FROM LINCOLN STREET TO LOGAN STREET, CITY OF ENGLEWOOD . COUNC ILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 48 , SERIES OF 1978 SUBJECT TO APPROVAL OF FUNDS IN THE SIX-QUARTER BUDGET AT A LATER TIME. Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor . None . The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum from himself to the Council concerning the Six-Quarter Budget for the period of July, 1978 to December, 1979 . City Manager McCown discussed the memorandum in detail. , Councilmen Weber and Smith expressed t heir concern over deleting Handicapped Play Apparatus from the budget. RESOLUTION NO. 49, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 BUDGET IN THE PUBLIC IMPROVE MENT FUND. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 49, SERIES OF 1978. Councilman Clayton seconded the motion . Council discussed the need for handicapped play equi-~ent, the difficulty of finding adequate equipment and how to handle the grant money that will be issued for the equipment . COUNCILMAN WEBER MOVED TO AMEND THE MOTION TO REMOVE THE $12,000 FOR PLAY EQUIPMENT FOR THE HANDICAPPED. Council-man Smith. In response to Councilman Harper's question, Council- man Weber stated he did not have a replacement for the $12,000 at this point and wanted to study the matter at a later time . City Manager McCown advised Council to pass the re- solution amending the six-quarter budget and direct staff to replace the $12,000 before the next time the budget comes up • • I • • • July 17, 1978 Page 12 .. • • .. Councilman Weber withdrew his motion fo r amendment. Councilman Smith withdrew the second to the motion. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor . None. The Mayor declared the motion carried . * * * * * * Councilman Smith directed the City Manager to replace the $12,000 in the six quarter budg et between now and the next time the budget is submitted . * * * * * * Councilman Weber directed the City Manager to submit a report on the approximate cost for providing a curb ramp between Craig Hospital and Cinderella City for wheelchairs along the direct route. * * * * * * Councilman Smith requested the City Manager to get a report from Parks and Recreation on the availability and cost of handicapped playground equipment. * * * * * * COUNCILMAN SMITH MOVED TO A SET A PRE-BUDGET HEARING ON AUGUST 21, 1978 AT COUNCIL'S REGULAR MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor . None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING ON PRO- POSED USES FOR 1979 REVENUE SHARING FUNDS AT COUNCIL'S REGULAR • I • ( • July 17, 1978 Page 13 • • - MEETING ON SEPTEMB ER 5, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vot e resulted as fol lows: Ayes : Nays: Council Members Mann, Williams, Weber, Smith , Harper, Clayton, Taylor . None. The Mayor dec lared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING ON THE 1979 PROPOSED BUDGET AT A SPECIAL MEETING ON SEPTEMBER 25, 19 7 . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO SCHEDULE A LOCAL FACILITY OTHER THAN CITY HALL FOR A LOCAL BUDGET RETREAT PREFERABLY OVER A SATURDAY AND SUNDAY REQUIRING NO ROOM RESERVATIONS OTHER THAN A MEETING ROOM RESERVATION AND MEALS. Councilman Weber seconded the motion . Upon a call of the r o ll, the vote resulted as fol-lows: Ayes : Coun cil Me mbers Web er, Smith , Harper, Clayton. Nays: Coun cil Mem b ers Mann, Williams , Taylor. The Mayor decl a red the motion carried. * * * * * * City Manager McCown presented a memorandum concerning the supply and installation of acoustone sound-absorbing panels for the multi-purpose room at the Elsie Malley Center. City Manager McCown stated the low bid was received from Dyna-Systems, Inc. for $2,552.19 and the City Manager recommended acceptance of this bid. • I • July 17, 1978 Page 14 • • .. COUNCILMAN WEBER MOVED TO ACCEPT THE BID FROM DYNA-SYSTE~S. INC. FOR THE ACOUSTICAL TILE INSTALLATION AT THE ELSIE MALLEY CENTER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor discussed his concern over the lack of attendance at meetings of Boards and Commissions. Mayor Taylor requested this matter be discussed at a study session to deter- mine what needs to be done to get better attendance. Mayor Taylor also queried whether Council members should serve on Boards and Commissions. * * * * * * Councilman Clayton requested Council consider the possibil- ity of restructuring the roll call to place the ·Mayor Pro Tern as the sixth name and be eliminated from the rotation. Councilman Clayton expressed his opinions concerning this change. Councilman Weber objected. Councilman Weber stated the the roll call should remain as is. Mayor Taylor suggested that this matter be discussed at a study session. * * * * * * Councilman Mann requested Director of Public Works Waggoner to appear before Council and they discussed the planned construction along Dartmouth Avenue. Councilman Mann also asked the Director to find out the previous designation for Broadway. * * * * * * COUNCILMAN WILLLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor . • I • • l • ( • July 17, 1978 Page 15 Nays: None. • • - The Mayor declared the motion carried and the meeting was adjourned at 10:45 p .m. • I • • • REGULAR MEETING: • • - CO UNCIL CHAMBERS CIT Y OF ENGLEWOOD, COLORADO July 17, 1978 The Ci ty Council of the City of Englewood, Arapahoe County, Colora do , me t in regular session on July 17 , 1978, at 7 :30 p.m . Mayor Tay l or, pre siding, called the meeting t o ord e r. The invo cation was given by Reverend Fred Hahn , Im- manuel Lutheran Church, 3695 South Acoma S t re e t. The Pledge o f Allegiance was led by Boy Scout Troop #9 2 . Mayor Taylor asked for roll call. Upon a call of t he ro l l, the f ollow i ng wer e present: Council Members Williams , Web e r, Smith , Harper , Clayt on, Mann, Taylor. Absent : None. The Ma y or declar e d a quorum pres e nt. * * * * * * Also present were : Ci ty Manag e r McCown Assis t an t City Manager Curnes City Attorn ey Berard ini Director o f Public Wor ks Waggon er Depu ty City Clerk Wat k ins * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF JULY 3, 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Ma nn, Williams, Weber, Harper, Cl ay t on, Tay lo r . Nays: None . Abstain: Council Me mb e r Smith . The Mayor declared the motion car ried . * * * * * * • I • • • July 17, 1978 Page 2 .. • • - Pre-scheduled visitor, Doug Sovern, 4550 South Knox Court, was present a s a representative of the Englewood Volunteer Fire Department. Mr . Sovern presented Mayor Taylor with a check for $740 .00 for the Diamond Jubliee Committee. Mr. Sovern stated the money was the City's share of the proceeds from the Firemen's Ball which was the Diamond Jubilee Cornation Ball this year. Mr . Sovern requested Council to give a portion of this money to Jaycees for all the efforts that the Jaycees have done for the City . Mayor Taylor conmented that a letter should be written to the Jaycees commending them f or producing such a fine 4th of July celebration. COUNCILMAN CLAYTON MOVED TO WRITE A LETTER OF APPRE- CIATION TO ENGLEWOOD VOLUNTEER FIRE DEPARTMENT AND TO VOLUNTEER CHIEF DOUG SOVERN FOR APPRECIATION ALL THEY HAVE DONE AND TO MENTION THE CHECK FOR $740 .0 0. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Memb e r s Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS A MOTION OF APPRECIATION FOR THE ENGLEWOOD JAYCEES FOR THE EXCELLENT JOB THEY DID IN THE JULY 4TH EVENTS. Councilman Harper seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. Th e Mayor declared the motion carried. * * * * * * Councilman Clayton requested the City Manager to submit a report to Council on what the situation of the Jaycees was after the cel e bration so Council could make a decision on how much mon e y to contr i but e to them. * * * * * * • I • • • July 17, 1978 Page 3 • • - COUNCILMAN CLAYTON MOVED TO TAKE AGENDA ITEM 5E, A MEMORANDUM FROM THE TAX COMMITTEE TO MEMBERS OF THE COUNCIL REQUESTING FUNDS FOR DEVELOPMENT OF AN ECONOMETRIC MODEL FOR FORECASTING SALES AND USE TAX REVENUES, OUT OF ORDER FOR COUNCIL ACTION AT THIS TIME. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested Doug Sovern to appear before Council and discuss the memorandum. Doug Sovern, 4550 South Knox Court, appeared before Council and discussed the purpose and advantages of having the econometric model for forecasting sales and use tax re- venues. Mr. Sovern stated the model has been developed by the firm Briscoe, Maphis, Murray & Lamont, Inc. and the cost is $1;200. Mr. Severn requested Council to accept this con- cept and make an expenditure of $1,200 so the development of a model for Englewood could get started. COUNCILMAN SMITH MOVED TO APPROPRIATE THE SUM OF $1,200 FOR THE TAX COMMITTEE TO PARTICIPATE IN THE ECONOMETRIC MODEL FOR REVENUE FORECASTING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Nays : None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Mrs. Donna Frazer, Instructor at Charles Hay and Director of the Mile Hi Majorettes, was pre- sent and discussed her request for funds to send Barbara Wilson, 3210 South Washington and Sheri Bond, 3211 South Washington, to the U.S. Twirling Association Grand National competition in Milwaukee, Wisconsin. Mrs. Frazer atated the girls are atudenta at Englewood High School. Mra. Frazer alao atated the girla • I . • July 17 , 1978 Page 4 • • .. have been trying to raise money to pay for their trip on July 28, 1978. Mrs. Frazer stated each girl has $164.50 towards the trip; however, the total expense for each girl is $412.00. Mrs. Frazer stated the purpose of her visit was to request that Council help send the girls to the U.S. competition by making a contribution of some donation. Mrs. Frazer stated she was making the request for the two girls from Englewood exclusively. Council queried Mrs. Frazer at length on this matter and her organization. Council expressed concern on whether they could legally contribute to a private non-profit organ-ization. COUNCILMAN WILLIAMS MOVED TO DONATE $495.00, THE BALANCE, TO SPONSOR THE TWO GIRLS FROM ENGLEWOOD TO GO TO THE COMPETITION IN MILWAUKEE, WISCONSI N, IF THE CITY ATTORNEY STATES IT IS LEGALLY POSSIBLE FOR THE CITY TO DO SO. Councilman Smith seconded the motion. Counc i lman Harper stated the Council might be over- funding if the girls are still planning to raise money at other events prior to leaving for the competition. Mrs. Frazer stated there is one more funding project scheduled for Saturday, July 22, .at Centenntial Park. Mayor Taylor stated the girls should be able to make money from their next project and stated he was agai nst funding the full balance of their~~1p 1 ~ayor .Xaylor cautioned other Counc i l members that a p~~~e~ent could be set by f und i ng any part of their request. MAYOR TAYL OR MOVED TO AMEND TH E MOTI ON TO DONATE A TOTAL OF $200.00. Councilman Clayton seconded the motion . Mayor Taylor stated he felt that if students were go- ing to benefit from any competitive participation whether it be band or twirling they should get out and contact as many service clubs, etc. as possible. Mayor Taylor stated he was against subsidizing the balance . Upon a call of the roll, the vote on the amen dment resulted as follows: Ayes: Nays: Council Members Ha r per , Clayton, Taylor . Council Members Mann, Williams, Weber Smith . The Mayor declared the motion defeated, * * * * * * • I • • ( • July 17, 1978 Page S • • .. COUNC ILMAN SMITH MOVED TO AMEND THE ORIGINAL MOTION THAT A MAXIMUM AMO UNT OF $495.00 BE DONATED AND THAT MRS. FRAZER SUBMIT A BALAN CE AFTER THE NEXT FUND RAISlNG EVENT. Councilman Clayton seconde d the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber, Smith, Harper, Clayton, Taylor. Council Members Mann, Williams. The Mayor declared the motion carried. * * * * * * Upon a call of the roll, the vote on the original motion made by Councilman Williams resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton. Council Member Taylor. The Mayor declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO TAKE AGENDA ITEM 6B, A BILL FOR AN ORDINANCE CONCERNING CREATING A DOWNTOWN DEVELOPMENT AUTHORITY, OUT OF ORDER FOR COUNCIL ACTION AT THIS TIME. Councilman Williams seconded the motion. Upo n a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Harper, Clayton, Taylor. Council Member Smith. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING THE QUESTION OF THE ESTABLISHMENT OF A DOWNTOWN DEVELOPMENT AUTHORITY TO A VOTE OF THE QUALIFIED ELECTORS OF THE DISTRICT AND PROVIDING FOR THE CONDUCT THEREOF • • I . • • July 17, 1978 Page 6 • • • COUNCILMAN MANN MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the motion. City Attorney Berardini stated there were corrections and insertions to be made in the bill. On page 4, second para- graph, third line describing "Lessee", the letter "d" should be stricken from the word "licensed". On page 7, fourth paragraph, third line describing "Lessee", the letter "d" should be stricken from the word "licensed". City Attorney stated he had sent a copy of the bill to Mr. Simon, one of the members of the Ad Hoc Committee, and asked him to review the bill and submit any comments. City Attorney Berardini stated a representative, Mr. Terry Crow, from Mr. Simon's office notified him of a change. City Attorney Berardini stated the change does not affect the intent or the legality of the submission substantially. City Attorney Berardini stated the change is in the language and is taken directly from the statute. City Attorney Berardini stated the insertion would be in the question to be voted upon and stated the below mentioned words would follow the word "amended " in the question: "to serve a public use, to promote health, safety, prosperity, security and welfare of the inhabitants of the municipality and to halt and prevent deteri- oration of property values in the central business district". City Attorney Berardini stated this insertion would be placed on page l, last paragraph, third line that appears in capital letters; on page 5, first paragraph, eighth line in the notice of special election; and on page 8, las~ paragraph, last line in the special ballot form . At the request of the City Attorney, Mr. Terry Crow, 703 First National Bank Building, of Richard Simon's office , appeared before Council and discussed the reason for wanting to include the additional language in the question. Mr. Crow stated the additional language should help the public better understand what the authority can do, i.e . help the general welfare and halt the deterioration of the downtown area. COUNCILMAN SMITH MOVED TO AMEND THE MOTION BY APPROVING THE AMENDMENT AS SUBMITED BY MR. CROW OF RICHARD SIMON'S OFFICE AND THAT IT BE INSERTED AS PRESENTED. Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nay s: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. • I • • July 17, 1978 Page 7 • • • The May or declared the moti on carried , * * * * * * Upon a ca ll of the roll, the vote on the original motion resulted a s follows: Ayes : Nays: Council Members Mann, Wi lliams, Web er, Smith, Harper, Clayt on, Taylor. None. The Mayor declared the mo tion carried. * * * * * * Mayor Tay lor asked if there were any other visitors wishing to be heard at this time . Gene Schneider, a repres ent ative from the Englewood Public Schools, appeared before Council and ent ered into the re- cord a memorandum from Deborah Pool, Board o f Education, dated July 17, 1978 conc e rning ap proval of recommended traf f ic s ignal c hanges, Mayor Taylor thank ed Mr . Schneider for delivering the n.emorandum and stated this matter appeared on the agenda and would be handled later on in the me et i ng along wi th the six-quarter budget. * * * * * * Mayor Taylor declared a recess at 8:45 p.m. The Council reconvened at 9:00 p.m . Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann , Taylor. Absent: None . The Mayor declared a quorum present. * * * * * * "Communications -No Action Recommended" on the agenda were received : (a) Minutes of the Planning and Zoning Commission meeting of June 13, and June 20, 1978 • • I • • - • ... July 17, 1978 Page 8 (b) (c) • • .. - • • • Memorandum from the Director of Community Development to the City Manager concerning his attendance at the Joint Development Market Place Conference, in Washington, D.C. June 25-27, 1978. Financial Report for the month of June, 1978 Mayor Taylor discussed Item (c) Financial Report and what he felt was a mis-classification of expenditures for the City Council section under Legislation & Council. Mayor Taylor asked that this matter be discussed later at a budget retreat and possibly re-classify the money under another item. Councilman Clayton discussed changing the format of the report. City Manager McCown answered several questions Council-man Mann had concerning the Sewer Fund. * * * * * * City Manager McCown presented a request for a 3.2 beer license renewal -consumption on the premises -for the John, 90 West Belleview. City Manager McCown stated a police report on this business was attached to the request. City Manager McCown stated the possible liquor violation was investigated and police found the complaint to be invalid when they discovered that all the people in the establishment after hours were employees and under the state liquor code they can consume alcohol after closing. COUNCILMAN WEBER MOVED TO APPROVE THE APPLICATION FOR RENEWAL FOR A 3.2 BEER LICENSE FOR THE JOHN AT 90 WEST BELLEVIEW. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Finance to the Mayor and Members of Council trans- mitting a request for annexation of a parcel of land bordered on the north by West Stanford and on the south by West Tufts Avenue. • I • • ( • Jul y 1 7, 1978 Page 9 • • • COUNC ILMAN WEBER MOVED TO REFER THE ANNEXATION PE TI TION TO THE COMMUN I TY DEVELOPMENT DEPAR T ~ffiNT. Council man Mann s econded the motion. Upon a call of the roll, the vo te r esulted as f ollows: Aye s: Na ys : Council Members Mann, Williams, Webe r, Smith, Harper, Clayton, Tayl o r. None. The Ma yor declared the motion carr ie d. * * * * * * City Manag e r McC own presented a l e t ter f rom t h e Urban Drainage Flood Control District req u esting a dd it ional mo nies for the Holly Dam. City Manager McCown stated th e low bi d received for the construct ion of the project is h igh e r th at wha t was estimated. The Di s tr ict is requesting t hat En glewood make a commitment o f 50 % o r $16,865. The District plan s on c on tacting several other commu nitie s to request their parti cipation and if any of them agree to pa rticipate, Englewood 's sh a re will be re- duced. City Mana ger McCown stated there is no mon ey budgeted for this it em i n th e PIF; but advised Council to go ahead and approve it and de cide at a later date f r om wh er e the mone y will come. COUNCI LMAN SMITH MOVED TO APPROVE THIS PR OJ EC T FOR A MAXIMUM OF $16,865 TO BE PRORATED BASED ON OTH ER MU NICI PALITIES' PARTICIPATION. Coun cilman Mann seconded t he mo tion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Ma nn, Will i a ms, Weber, Smith, Harper, Clayton, Taylor . Non . The Mayor d clared the motion carried . * * * * * * City Mana ger McCown presented a memorandum fro m the Mu n icipal Court Judg e to the Mayor and Members of Council con-c erni ng court facilities . COUNCILMAN SMITH MOVED TO POSTPONE THIS MAT TER UNTIL AUGUST 7, 1 978. Councilman Weber secon ded th e mo tion. Upon a call o f t h e roll, the vote resulted as follo ws: Ay es : Council Members Mann, Williams , Weber , Smith, Harper, Clayton, Taylor • • I • • • • • July 17, 1978 Page 10 Nays: None. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WEBER BY AUTHORITY ORDINANCE NO . 15, SERIES OF 1978 AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF GENERAL OBLI- GATION REFUNDING WATER BONDS, SERIES 1978, IN THE PRINCIPAL AMOUNT OF $8,455,000 OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE PUR- POSE OF REFUNDING GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, AND GENERAL OBLIGATION WATER IMPROVEMENT BONDS, DATED FEBRUARY 1, 1978, OF THE CITY OUTSTANDING IN THE AGGREGATE AMOUNT $9,310,000; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PROVIDING FOR THE LEVY OF TAXES TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH . City Attorney Berardini stated there had been an addition error and the dollar amount on page 19, Section 9 has been corrected to show $532,173: the amount shown on the bill at first was $432,173 and was in error. City Attorney Berardini stated he discussed the affect of this change with the City's bond- ing attorneys in this matter and they agreed that the change was minor. The City Attorney advised Council to pass the ordinance on final reading and direct that the ordinance be published in full. COUNCILMAN WEBER MOVED TO PASS ORDINANCE NO. 15, SERIES OF 1978 ON FINAL READING AND INSTRUCT THAT THE ORDINANCE BE PUB- LISHED IN FULL AS READ BY THE CITY ATTORNEY. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as f ollows : Ayes : Nays : Counc i l Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. Th e Mayor declared the motion carried. * * * * * * RESOLUTION NO. 48, SERIES OF 1978 A RESOLUTION APPROVING THE AG REEMENT BETWE EN TH E CITY OF ENGLEWOOD • I • • ( • July 17, 1978 Page ll • • .. AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, RELATI NG TO FEDERAL AID URBAN SYSTEM PROJECT M-1154 (2), DARTMOUTH AVENUE FROM LINCOLN STREET TO LOGAN STREET, CITY OF ENGLEWOOD. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 48, SERIES OF 1978 SUBJECT TO APPROVAL OF FUNDS IN THE SIX-QUARTER BUDGET AT A LATER TIME. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from himself to the Council concerning the Six-Quarter Budget for the period of July, 1978 to December, 1979. City Manager McCown discussed the memorandum in detail. Councilmen Weber and Smith expressed their concern over deleting Hand icapped Play Apparatus from the budget. RESOLUTION NO. 49, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 BUDGET IN THE PUBLIC IMPROVEMENT FUND. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 49, SERIES OF 1978. Councilman Clayton seconded the motion. Council discussed the need for handicapped play equi-~ent, the difficulty of finding adequate equipment and how to handle the grant money that wi l l be issued for the equipment. COUNCILMAN WEBER MOVED TO AMEND THE MOTION TO REMOVE THE $12,000 FOR PLAY EQUIPMENT FOR THE HANDICAPPED. Council-man Smith. In response to Councilman Harper's question, Council- man Weber stated he did not have a replacement for the $12,000 at this point and wanted to study the matter at a later time. City Manager McCown advised Council to pass the re- solution amending the six-quarter budget and direct staff to replace the $12,000 before the next time the budget comes up • • I • • July 17, 1978 Page 12 • • - Councilman Weber withdrew his motion for amendment. Councilman Smith withdrew the second to the motion. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * Councilman Smith directed the City Manager to replace the $12,000 in the six quarter budget between now and the next time the budget is submitted. * * * * * * Councilman Weber directed the City Manager to submit a report on the approximate cost for providing a curb ramp between Craig Hospital and Cinderella City for wheelchairs along the direct route. * * * * * * Councilman Smith .. .r,«;luested the City Manager to get a report from Parks and Recreation on the availability and cost of handicapped playground equipment. * * * * * * COUNCILMAN SMITH MOVED TO A SET A PRE-BUDGET HEARING ON AUGUST 21, 1978 AT COUNCIL'S REGULAR MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declal"ea ithe motiL.Qn.. carried. ----I··' - * •* * * * * COUNCILMAN SMITHuMOVED TO Se.T A PUBLIC HEARING ON PRO- POSED USES FOR 1979 REVEN~HkRING ~DS AT COUNCIL'S REGULAR _ _. • I • - ( • July 17, 1978 Page 13 • • • MEETING ON SEPTEMBER 5, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor . None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING ON THE 1979 PROPOSED BUDGET AT A SPECIAL MEETING ON SEPTEMBER 25, 1978. Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declar ed the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO SCHEDULE A LOCAL FACILITY OTHER THAN CITY HALL FOR A LOCAL BUDGET RETREAT PREFERABLY OVER A SATURDAY AND SUNDAY REQUIRING NO ROOM RESERVATIONS OTHER THAN A MEETING ROOM RESERVATION AND MEALS. Councilman Weber seconded the motion. Upon a call o f the roll, the vote resulted as fol-lows: Ayes : Council Members Weber, Smith, Harper, Clayton. Nays : Council Members Mann, Williams, Taylor. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum concerning the supply and installation of acoustone sound-absorbing panels for the multi-purpose room at the Elsie Malley Center. City Manager McCown stated the low bid was received from Dyna-Systems, Inc. for $2,552.19 and the City Manager recommended acceptance of this bid. • I • • • July 17, 1978 Page 14 • • • COUNCILMAN WEBER MOVED TO ACCEPT THE BID FROM DYNA- SYSTEMS, INC. FOR THE ACOUSTICAL TILE INSTALLATION AT THE ELSIE MALLEY CENTER . Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor discussed his concern over the lack of attendance at meetings of Boards and Commissions . Mayor Taylor requested this matter be discussed at a study session to deter- mine what needs to be done to get better attendance. Mayor Taylor also queried whether Council members should s~rve on Boards and Commissions. * * * * * * Councilman Clayton requested Council consider thE possibil- ity of restructuring the roll call to place the Mayor Pro Tern as the sixth name and be eliminated from the rotation. Councilman Clayton expressed his opinions concerning this change. Councilman Weber objected. Councilman Weber stated the the roll call should remain as is . Mayor Taylor suggested that this matter be discussed at a study session. * * * * * * Councilman Mann requested Director of Public Works Waggoner to appear before Council and they discussed the planned construction along Dartmouth Avenue. Councilman Mann also asked the Director to find out the previous designation for Broadway. * * * * * * COUNCILMAN WILLLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ay es: Council Members Man n, Williams , Weber, Smith, Harper, Cla yton , Taylor • • I • • - ( • July 17, 1978 Page 15 Nays: None. • • • The Mayor declared the motion carried and the meeting was adjourned at 10:45 p.m. • I . • • • ROLL CALL M ed S nd~ OY eco A ~ve Nay Ab sta n A bsent Wil 1 il'rrS -w .. b .. r !11111trl -Haroer Clayton Ma~ _P'Iay~-1r I . • • • • • • ROLL CALL Moved Seconded Aye Nay Abstain Absent Wi 11 ii'rr.S _ _J /../ WAhAr I V' sm1to L/ -Haroer ~ Clavton I-- Mann -J.,./' Mayor Tayl :1 r ~ I . . • • • • - ROLL CALL Moved Sec~ndecl..--Aye Nay Abstain Absent v Wil1 i ?Jr.S -=1 v Weber I v- :;,mn:n -~ ~ Haroer v- Cl~ton ~~ v Mann 'f... l v- Ma~~r ay~-~U v- /t~v. I . . • • • • • ROLL CALL Moved Seconded Ave -Nav Abstafn Absent Wil 1 1Prr.S WAhA .. Smf n -1-!a,.nA,. Clavton Ha?~-Mav~~r 1 I . • • Moved Seconded t--v • • • • ROLL CALL Wi l1 ii'lr.S ~e Nay Abstain Absent .k' w .. h.;r , 1..-- :sm n /..---Harol'r t..--Clavton 1.-----Mar~: _!--" May~-~r L--- an / £ '/ r: 17 (/)sru~ !Ut--v-< a;?~ • I . • - • • ' . - ROLL CALL Moved SecQnded Ave Nay Abstafn Absent Wi 11 inr.s -=:r _k-' WPhl!r v-- ~mltn &-v Hilroer v ,__ Clayton .L-- Ma?a~-y Mayor a -~r ;,.- I . . • • • -• • ROLL CALL Moved Second d e Aye Nav Wi11i~ms ·-J Abstain Absent -.;;;,;-h .. ~---, "Sm 1 tr1 -Haroer Clavton Ma~~: lT,ayor ay -~r · I . • • • • • ROLL CALL M eel S d d A ov econ e ':\Y@ ay s a n St!n Wf111~r.:s -Tv-N Ab t 1 Ab t w .. h .. r --_1..--- ~ ~m1_tn t.---Jiaroer v _k-' Clavton t--Ma~~ ~ May~_!'l r _v- t ·~ • I . • • • - • • r-~"'-'=== ·~ ROLL CALL Moved Seco d d n l' Ave Wi11i?ms --Nav Abstain Absent Wf'bPr :>m1trl -HaroPr Clavton Ma~: -p,ayor ay_ :1 !:_1_ I . • • • • • • ----:::::-=-=-=__;,;__-=-----=---. • ROLL CALL Moved Sec~ d d n e Wi 11 i~>rr.s ~~J w,.h .. r ~m1tr1 -Haroer Clavton Ma;~-""""Po"ay 9.!:..2.~L~r c{)b. ~/L t~~~j -~ Aye Nav Absta 1n ~ ~ .. b£2f0 Absent r a~ #z_,Ju ,d; at ;: -u~. aaJ:u r f-v,?cLv X~ g-~/~ , u~"CL '~"-'~1 A t/-S~J~ . y/Jza0'>L 7-f~ ;('AYJ~ • I . • • • - ROLL CALL Moved Sec!lnded Aye Nav Abstain Absent v Wi11i<'Jr.S _j WPhPr I ,. :>m1tn -Harr~~>r Clavton Ma~~ -p,ay~ ~r • I . • • • • • • ROLL CALL M ed S dd A ov econ e ~e Nay Abstain Absent Willi~rr.s -~ y- w .. h~r J..---Smltro L---Haroer v-v Clayton t.-- Mann _x ~ _V I'I!Wot" ~-'-C?U _v-- ~~~J ~(;; C\ /rtJ f( f:} O{l.& 0 I . • • • • • • M ed S dd OV econ e A we Nav Abstain Absent -· Wi 11 i ?r.:s u--· / WPb~>r ~ v :,m1tr1 L.---Haro~>r f_..-F (...--Clayton L--i-- Man~_ ./_../'" Mayor ay :1 r 1-1- a_ ~'4 00 4Cls-d-~ ~ (}'if /Y1¥ r ~ ~. ~ tJ-~"'1! fLu_/.~ • I . . • • • ROLL CALL Moved Secondt>d ~e Nay Abstain bsent Wi 11 il'rr.s A _weber I Smf_tn -Haroer Cl~ton Ma?o~-May~_:1 r · I . . • • • - • • RO LL CALL Moved Seconded Ave Nav Abstain Absent Wi 11 i<'rr.s -J v "'"."'"" L-- Smltn ~ -HaroPr L--- Clavton t--- Man~ ,_ Ma y~--~r · /, 1.-- • • I . • • • • • ROLL CALL "' ed s d d A N Ab t f ov ec~n e '\}'e ay_ s a n sen . c....--Wi1 1 ~~-_j ...!:::::_ ~ _Waller · .v- ~mn_n 1..-- Ab t -Haroer (.....- Cl~ton t.--- Mann .!:::::.. -~ ~or Ta y_~~r (......-- • I . . • • • 1- • • , . • ROLL CALL Moved s d d econ ~ Wi f 1 :-------~e l..o-Nav Abstafn • l?lr:S _j W<>h-;;-r - !>mf n -Haro~>r 1/ Clavton Ma ~ "lfay~ :l r . (~ . );~ {< _,,_ -v ~ JZJ_ kL c:J i I ~ /orJ~+ ~ ,r ~ 1 .~?1 <v Absent . n, 1J ~' u ..., . ( t <V ,< , I I Ill I { I A J:.. I I ;.. t.J. l ~ ) .-<..-! /? (1. ' {) (; .(/ t , I v IJ ".J ( v l 1 ..._., I -...J t ) .~~~--------------~~ • I . • • • ,. • ROLL CALL Mo d s d d A ve econ e ~e Nay Abstafn Absent Will i ?ms --=-+ ...weber __!im1t h -. Haroer Cl~ton Mann ' Ma y or Ta y_l__::J C,_L 0.)./Ju 9J Cu-w, 1 {)3 /__~4.1 ( /? ~ /J all If{ ~c ~ c{ ~~LL ~~ ~ 7~ f'-L -Ltv~· I . . • • • ROLL CALL Moved S c d d e on e Aye Nav Wil1il"rr.s Abstain Absent v-v "'"~ 1/ v- smnr~ -~ 1-lllro~>r L-- Clavton v- Man~ J...---y,ay~_.?r 1 v- • I . • • • - • • ROLL CALL "' ed s d A A ov econ ed --we Nay Abstafn bsent Wi l1 i i'lr.S ~ -.Weber _1,.---- ~mn_n -~ _Haroer ..!:::::::::_ Cl~ton ~ Ma~ L---_Mayor a _F . -~ • I . • • • • • ROLL CALL Moved Seconded Ave Nav Abstain Absent Wi 11 i~ms -J WPhPr !>m1til Harn"r Clavton Mann __ L lT~or Tay}_~r • I . . • • • • • RO LL CALL M ed S dd ov econ e A •we Wi 11 i?IT.S WPh~r ~man HarnPr Clayton Mann _!!_~or Tay]2 !:.l_ ~ a.-i, g .; Is tf· rn . ~a&OJ111. N ay Ab sta n Ab t sen I . • - • ,. - ROLL CALL ed s d d A Ab Ab t Mov ec~n e ~-e Na_y sta n sen Wi 11 i i'ms v-- WPhPr ,__...--- ~lll_!_Yl -v Haroer _y Clayton v- Mann _v-- _Mayor Ta y.!_~r-·1 ~ I . . • • • - ROLL CALL M ed S dd A ov econ e ~e Nax A sta n bsent WiP'ii'lr.S -· b f A ....webe..r.. --~ ~m1tn -.llilroer Clayton Ma~ J1ay~_2 U I . . • • • • ROLL CALL Absent Moved Seconded ~e Na.y s a n -=--1. 1.-- Wi l1 'f i'r.;s ~ ..weber_ 1.-- Ab t 1 ~"!!_YI L----v Haroer '-Clayton ~ Ma:~~--1--!!_ay~~--~.c._t_ v- I . . • • • • • RO LL CALL M ed S dd ov econ e Aye Na_y_ Abstain Absent -· Wi 11 ii'Jr.S J 1---v w .. h.;r I J.-- _lim1_tn -L-- Haroer ..I..=_ Cl~ton L--..!:--" Mann ..:!=. I--May o7'TaB 1r · 1..-- I . . • • • I • • • , . • ------=-- RO LL CALL Moved s d d econ e Will ,__ Ave Nay Abstain v Absent m~s J v lol~~~ -, Smltil t--- v Harn~~>r 1-- t.--Clavton Man~ .__ lfayor ay 1 r v ~- t~at ~ j-'"'1 Jf tn~ ;0, J r0 ~ tu_ ~ J lf?..t ~ (;v_~ ff) ~fu-v (J}'YI/YY) M~ts·'bl (/c:vdzr ~ _L/)"~U1a?l . • I . • • - • • RO LL CALL M ed S d d A N OV ec~n e y_e ~ sta n sen Wi1 1ii'JT:S J v ~ WPhPr ~ ~ ~~(j v Ab Ab t -_Ha.roer to-:"" Clayton ·v Ma~ v _May~_2 r ~ I . . • • • • • ROLL CALL Moved Seconded A -· ~ye Nav Abstafn Absent Wi 11 i i'!r.S v w ......... v-£.,..--Sm1t n (......--" -,-Haroer I---1/ Clayton L--- Mann J:::._ ~ -wayor Tayj_~r · v- I . • • - • • • • • ROLL CAL L Moved s ~conded A " we Nav Abstain Absent Wi 11 i i'ms WPhPl" Sm1t h 1-ii!rn<>r - Clavton Man~ 1-la y~:J r 1a. ~ ~ Tr-a~ tJ_fffiJ. ~to X'~{j-tn~ ~z L_ Couuoi.R rr~ Jlrr~ • I . . • - • - RO LL CALL H ed S d d A N Abst 1 ov ec~n e ~e a...l. a n Wi1 1ii'rr.S --=J ~ Absent ....weber_ v J.--"' ~"!!!_n -!..::::::: _Haroer ~ v Clayton """' Mann ~ _l'l'!,Yor Tall ~r v I . . • • • • ROLL CALL Sec:~nded ~e Nl!l. Moved WilTi;orr.s-~ .. Abstain Absent -. k .::::.. ....webtt ...J[_ ~m...!..!:.n -..tllu~r Cli!l'_ton Mann .!'!_ayorTaYI_~r I . • • • • • ROLL CALL Moved Sec~nded Ave Nay Abstain Absent -· Wil li ?Jr.S -- lo/PhPI" ..,.., 5m1t n ~ro~>r - Clayton Ma~~: r.lay~--~r · I I . • .----~----------------~~ • • • • ROLL CALL Moved Sec~nded A ~ve N ay Ab t 1 s a n Absent Willii'r.:S ,__. --v w .. h .. r v-- v ;:,m1tn 1.---Harn"r L-- Clavton ,__- Mann L---' L-- MayorraY'I :~r I./ I . . • • • - • • ROLL CALL Moved Seconded Wi 11 i PJr.S --Aye Nav Abstain Absent v ./ WPhPr -~ v _j/ Sm1t il v -HaroPr &..---v Clavton 1./' Mann ...1L' f.fay~ ::r . 1,/ • I . • • • ROLL CALL H ed d d A A A ov Sec~n e ~e Na_y bsta n bsent Wi11ii'lr.S -~~ ,__. ~ WPhPr ' L--- _K ~m_l_tn L----....l::l.lr.ll.e.r t...--- Clavton ,__. Mann ..::!::::.. I J.-- .!!_ayor Tay] :1 r v- I . • • - • • • • ROLL CALL H ed S dd OY econ e ~e !.l. s a n sen WiUi<'rr.s _l ~ L L--_Web!"r {...-~ Smfth --'-=- A Na Ab t f Ab t ...I:J.gj:uer .1.::::::::_ Cl~ton ¥-Mann ~ _l!~or Ta .y_l_::r _}....--- ;0 cAU-rJ-~ ~ r ~~Gt1~ -~0~ • • I . . • - • ,. • ROLL CALL H eel S d ov econ ed Aye Nay Abstain Absent z Wi f fi ?lr.S -=J ~.--· v w.......... . t--- Smltn -£..- Haroer L--,......... Clavton (._;--. Mann .T c;= -r1,ayor Ta .y] :~r ~ 7;1. ~ mao~M~~ So~"'= • I . • • • - • • RO LL CALL Moved Seconded A -=--J ~ye Wil 1 ii'lr.S Nav Abstain Absent WPhPr I --s-m1 tn -HarnPr Clavton Man~ Ma y ~--~r )))~ ~li"-LL/ om~1dnJ(L"-'.J r;;_;t ~~~~LJ -----Shu1:A-c m w a 0u~ m p.r 3 (ll!o) ~ -~~--u-tltYJi~w t)~-~ I . • • • • - • • ROLL CALL A Ab Ab t Moved Sec!lnded we Nav sta n sen v Wi 11 i?rr.s --~ w .. h .. r Sm1tn -Haroer Clavton Ma?oT$ May~_:l r I . • • • RE< Co 7: Ll r Taylor. Absent: • • CITY COUNCIL MEETING Julyl7, 1978 ORDINANCE#~ 16 • 17 • 18 RESOLUTION It I. a/ ' ./ ::;-o. W'j, 50, 51 Council Member Smith. The Mayor declared a quorum present . * * * * * * Also present were: City Manager McC own Assistant City Mana g er Curnes City Attorney Berardini Fire Chief Beeson Deputy City Clerk Watkins * * * * * * nuel ,iance te ann, COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 19, 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Absent : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • • • • • CORRECTION THE PRECED!Ji/G DOCUMENT OR BLANK FRAME HAS EEE:V REI'VTICROF!L.'V!ED TO ASSURE LEGIEI LJTY A ND ITS IMAGE APPEARS IMME!JIA TEL Y HEREAFTER. • I . . n -• • - CITY COUNCIL MEETING July 17, 1978 ORDINANCE It }..3", 16, 17, 18 RESOLUTION If ty/, fA'. 50, 51 • 0 0 I . . ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 3, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 3, 1978, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn, Immanuel Lutheran Church, 3695 South Acoma Street. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, 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 Fire Chief Beeson Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 19, 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * • I • • July 3, 1978 Page 2 • • - Pre-scheduled visitor Walt Imhoff, of Hanifen, Imhoff, and Samford, was present and discussed the bids that were re- ceived for the General Obligation Refunding Water Bonds. Mr. Imhoff stated seven bids were received and the low bidder was the Northern Trust Company of Chicago, Illinois offering a premium of $176,000 and an average interest rate of 5.77%. Mr. Imhoff entered into the record a list of the names of the firms that submitted a bid then recommended that Council award the bid to Northern Trust Company. Mr. Imhoff stated the low bid result will guarantee the City a savings of $754,000 in future principal and interest payments on outstanding water bonds. COUNCILMAN CLAYTON MOVED TO TAKE AGENDA ITEM 6 (A) OUT OF ORDER AND MOVE IT FORWARD FOR COUNCIL A TION. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO ACCEPT THE BID FROM THE NORTHERN TRUST COMPANY OF CHICAGO, ILLINOIS FOR THE GENERAL OBLI- GATION REFUNDING WATER BONDS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Nember Smith. The Mayor declared the motion carried, INTRODUCED AS A BILL BY COUNCILMAN WEBER A BILL FOR AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF GENERAL OBLIGA- TION REFUNDING WATER BONDS, SERIES 1978, IN THE PRINCIPAL AMOUNT OF $8,455,000 OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE PURPOSE OF REFUNDING GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, AND GENERAL OBLIGATION WATER IMPROVEMENT BONDS, DATED FEBRUARY 1, 1978, OF THE CITY OUTSTANDING IN THE AGGREGATE AMOUNT • ' I • • ( • July 3, 1978 Page 3 ,. • • • OF $9,310,000; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PROVIDING FOR THE LEVY OF TAXES TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. COUNCILMAN WEBER 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: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nays: None. Absent: Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Gary Copp, President of the Casual Lounge, 65 West Floyd, was present and discussed the plans for expanding his premises to open up a dining room. Mr. Copp stated the expansion has already been completed because he did not realize that he needed Council's approval prior to remodeling. However, Mr. Copp stated he has stopped serving food and liquor in the din- ing room pending Counc il's decision. COUNCILMAN WEBER MOVED TO GRANT THE PREMISES UNDER THE EXISTING LIQUOR LICENSE TO 65 WEST FLOYD AVENUE AS PER THE APPLICATION. seconded the motion. Upon a call of the roll, as follows: EXPANSION OF THE THE CASUAL LOUNGE, Councilman Mann the vote resulted Ayes : Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nays : None. Absent: Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Michael Dunahay, 4955 South Broadway was not present. * * * * * * I • ] • July 3, 1978 Page 4 • • .. Mayor Taylor asked if there were any other visitors wishing to be heard at this time. Ken Holland, 4140 South Inca, appeared before Council and discussed the fire department re-organization proposal. He stated he opposed the reduction o f the manning on the fire trucks and submitted a petition containing 191 names of those people who oppose the reduction too. Mr. Holland stated the reduction of man power was the only part he opposed; otherwise, the plan was fine. * * * * * * Myrtle Jones, 5020 South Washington, appeared before Council and inquired about the status of her previous request of getting a park for southeast Englewood. City Manager McCown stated there have been discussions with the school district regarding the Duncan School area; how- ever, there are still other groups through which the request must go before anything can be started. Mrs. Jones stated she hopes the City can buy this area because her neighborhood needs a park badly. Mrs. Jones also stated she felt the City hired a qualified fire chief and urged the Council to li ~ten to his fire department re-organization proposal. 1 * * * * * * Maurice Merlin, 3688 South Sherman, appeared before Council and discussed several items. Mr. Merlin urged Council to spend money on installing traffic lights at two certain inter- sections and strobe lights for the police cars before spending money on fire department re-organization. Mr. Merlin stated he preferred the re-organization take place over a period of years rather than have the department undergo a radical change imme-diately . Mr. Merlin queried the agenda item whereby Council would adopt a resolution amending the General Fund Budget and if Council could take such action without first holding a public hearing . Mr. Merlin discussed his dissatisfaction with the Com- munity Development Department especially the Code Enforcement Division and requested Council to investigate the Department to determine whether or not it is providing all the services with which it has been charged. Mr. Merlin referred to the inspectors and their lack of enforcing property owners to cut their weeds • • I • • J uly 3 , 1 978 Pag e 5 • • .. Council discussed the avai labil i ty of enough build i ng inspectors to perform th e duties ass i gned to them. Councilman Clayton suggested that more inspectors be hired. Councilman Mann stated he felt there were e nough inspectors on the staff and the department needs to better utilize those people. COUNCILMAN CLAYTON MOVED TO REQUEST THE CITY MANAGER TO ATTEMPT TO ASSIGN MORE PERSON NEL TO THE ENVIRONMENTAL ASPECTS OF THE CITY FOR THE PERIOD FROM J ULY 3, 1978 THROUGH THE PERIOD OF AUGUST 30, 1978 IF THE PERSONN EL CAN AT ALL BE MADE AVAILABLE FOR THIS JOB. Councilman Mann s e conded the motion. Counc i lman Harper s t at ed s i nce the problem has b e en called to the a tt ention of the City Ma nag er and th e Counc i l, he f e l t the s olu t ion should c ome fr om the City Mana ger and not t he Council. Mayor Taylor stat e d the City shou ld us e wh a t inspectors a re presently on the payrol l t o s trictly enforce t he code. Ma y or Taylor stated he cou l d not vo te in favor of Councilma n Clayton's motion because he felt th e Ci ty Manager was c apable of handling the situation and that th i s issue was not Co unc il 's responsibi lity. ) Councilman Clayton withdr e w his motion and Counc i lman Mann withdr e w the s e cond t o t h e motion . * * * * * * LeeR. Jones, 2 740 Sou th Ch e r okee, a ppeared b efore Counc i l and discussed s t atu s of the Ad Ho c Co mmittee . Mr. J ones stated t h e h i erarchy o f the Committ e e a nd entered into the reco r d a copy of t he agend a o f their last meetin g. Mr . Jones stated t h e Com - mittee is requesting the City's assistance in drafting the ordin- ance outlining the boundaries of the district, the mill levy and the date for election creating the Downtown Development Authority . Mr . Jones stated the Ad Hoc Committee would like the bill for this ordinance to be presented at the next regular Council meet- ing on July 17, 1978. Mr . Jones stated the suggested boundaries of the district are primarily B-1 zoned as he referred to a pre- pared map and added that the Committee would like the date of the election to be September 19, 1978. Mr. Jones also pointed out optional areas that could be added to the Authority at a later date . City Attorney Berardin i stated the date of Septemb er 19, 197 8 can be establis h ed to meet all the requirements of law. City Attorney Berardini stated the ordinance can be prepared for the next regular Council meeting now that the boundaries and date for election have been determined . • I • • • July 3, 1978 Page 6 • • • In answer to Mr. Jones's question, City Attorney Berardini stated the City Charter charges the Election Commission with the responsibility of conducting the election. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO PRE- PARE AN ORDINANCE DECLARING A CENTRAL DOWNTOWN AUTHORITY, SETTING UP TO BUT NOT EXCEEDING A FIVE MILL LEVY AND SETTING THE ELECTION FOR SEPTEMBER 19, 1978, ALSO APPROVING THE BOUNDARIES FOR THE DIS- TRICT AS THE AD HOC COMMITTEE HAS PRESENTED SPECIFICALLY AND TO HAVE THE BILL AVAILABLE FOR THE CITY COUNCIL MEETING ON JULY 17, 1978. Councilman Williams seconded the motion. At the request of Councilman Clayton, Mr. Jones pointed out the proposed boundaries street by street. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard at this time. No one responded. * * * * * * Mayor Taylor declared a recess at 8 :55 p.m. The Council reconvened at 9:10p.m. 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 Sm ith. The Mayor declared a quorum present. * * * * * * "Commun i cations -No Action Recommended" on the agenda were received : (a) Minutes of the Denver Regional Council ot Governments meeting of April 19, 1978 • • I • • ( . ( • July 3, 1978 Page 7 (b) (c) (d) Minutes meeting Minutes meeting Minutes meeting 1978. * * of of of of of of * • • - the Englewood Housing Authority April 25, 1978. the Board of Adjustment and Appeals May 10. and June l, 1978. the Planning and Zoning Commission May 16 . May 23, May 30, and June 6, * * * Administrative Assistant Hugh Brown presented the minutes of the Water and Sewer Board meeting of June 27, 1978 with a recom- mendation concerning Supplement 60 Southgate Sanitation District. Administrative Assistant Brown stated the area contains 21.64 a cres near Greenwood Plaza and I-25 and the development will be an of fic e- war ehouse tacility. The facility will house 30 structures requiring 30 sewer taps. Administrative Assistant Brown stated a telephone poll was taken of the Water and S e wer Board and the r es ults re c om-mended approval of this supplement. COUNCILMAN MANN MOVED TO APPROVE SUPPLEMENT 60 SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. In response to Councilman Mann's question, City Manager McCown stated the revenue f rom the sewer taps goes into a con- struction fund within the Bi-City Plant and is set up to pay for the second phase of the expansion of the plant. City Manager McCown explained how Littleton pays their share for the operation of the plant and assured Councilman Mann that t he agreement was equitable and fair . Councilman Mann requested that the Bi-City fund b e studied in detail at the next budget retreat as far as how the fu nd is set up and how much work is done by Englewood so Council can have a better understanding of the operation. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith . The Mayor declared the motion carried . * * * * * * • ' I • • - • July 3, 1978 Page 8 • • - City Manager McCown presented Item IV, McLe l lan Reservoir of the Water and Sewer Board minutes of June 27, 1978 and recom- mended Council's concurrence with the Board's actions on the use of the reservoir. COUNCILMAN MANN MOVED TO APPROVE THE RECOMMENDATION FROM THE WATER AND SEWER BOARD AS IT PERTAINS TO THE MCLELLAN RESERVOIR. Councilman Williams seconded the motion. Councilman Clayton requested background information sustaining the motion. Councilman Mann stated three or four years ago the Parks and Recreation Board and the Water Board allowed fishing and other water related activities at the reservoir. Councilman Mann stated since Englewood will be partaking of the water from the reservo i r in the next three years, the Water Board has decided to halt any activity at the reservoir and to post no trespassing signs. Councilman Harper added that some serious problems have developed at the reservoir and the Board feels to close the area is the only solution. Mayor Taylor added the Board is trying to prevent the occurrence of some tragic accident. City Manager McCown stated he has been informed the Littleton Police Department will patrol the area once the signs are posted. Upon a ca l l of t he roll, the vo t e resulted as follows: Aye s : Nays : Absent : Coun cil Mem b ers Clay t on, Ma nn, William s , We b er, Harpe r, Ta ylo r. None . Council Me mb er Smi t h. The Mayor declared the motion c a rried . * * * * * * Administrative Assistant Br own presented a memorandum from the Director of Community Develo pm ent to t h e City Manager concerning an encroachment requ est at 3661 -6 3-65 So uth Broadway, property owned by Mr. JohnS . Swartz . Administrative Assistant Brown stated Mr. Swartz requests permission to install an awning which will extend three feet eight inches beyond his property line across the front of his building with a seven foot clearance • I • • ]- ( ( • July 3, 1978 Page 9 . . • • • from the bottom edge of the awning to the sidewalk. Administrative Assistant Brown further stated that Mr. Swartz understands and has agreed that the encroachment would apply only to his business and that if the City would need to use the right-of-way for any reason, he would be asked to remove the awning. Administrative Assistant Brown stated that pertinent departments within the City were contacted regarding this request with no department objecting. COUNCILMAN WEBER MOVED TO GRANT THE ENCROACHMENT REQUEST FOR THE ADDRESSES OF 3661-63-65 SOUTH BROADWAY TO MR. JOHN S. SWARTZ, HIMSELF. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried . * * * * * * City Attorney Berardini transmitted a report concern- ing 1977-78 Litigation. City Attorney Berardini stated the report covers 33 cases and discussed the status of some of the cases. City Attorney Berardini discussed a case, Harold Corah and Nellie Corah vs. the City's Board of Adjustments and Appeals and Milton A. and Robert Senti, involving a non-conforming use and which was recently served on the City. City Attorney Berardini requested Council's authority to defend the action on behalf of the City and the Board of Adjustments and Appeals. COUNCILMAN WILLIAMS MOVED TO AUTHORIZE THE CITY ATTORNEY TO APPEAR AND APPEAL THE CASE OF CORAH'S VS. THE SENTI'S AND THE BOARD OF ADJUSTMENTS AND APPEALS. Councilman Weber seconded the motion. Upon a c all of the roll , the vote r e sulted as follows : Ayes: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. Nay s: None. Absent : Council Members Smith. The Mayor declared the motion carried. * * * * * * • I • • July 3, 1978 Page 10 • • .. RESOLUTION NO. 47, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET. City Manager McCown stated this resolution appropriates $2,700 for the cost of a feasibility study of remodeling the City Council Chambers and/or Court facilities. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1978. Councilman Weber seconded the motion. In response to a question discussed by a visitor appear- ing earlier in the meeting, Mayor Taylor stated any resolution or anything pertaining to the budget under 5% does not have to go before a public hearing. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a letter from ISO con- cerning the fire department organization plan and transmitted copies to the Council. The letter states there would be no change in the City's public protection classification if the proposed changes submitted by Chief Beeson were implemented. COUNCILMAN WEBER MOVED THAT COUNCIL RECOGNIZE THE CON- CEPT OF FIRE DEPARTMENT RE-ORGANIZATION PLAN AS SUBMITTED BY FIRE CHIEF BEESON. Councilman Clayton seconded the motion. At the request of Councilman Clayton, the Clerk read the letter in full from the Insurance Services Offices of Colorado as written by Mr. D. G. Mees, Supervisor of Pricing Services, dated June 30, 1978 addressed to Mr. Andy McCown, City Manager. Councilman Mann stated he is willing to accept the administrative part of Chief Beeson's proposal but he was against taking any man off a fire truck. Councilman Williams stated he agreed with Councilman Mann on this matter. Councilman Williams stated because he dis- • 0 I • ( • July 3, 1978 Page ll • • - agreed with the reduction of manpower on a fire truck, he would have to vote no on the whole issue. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Weber, Harper, Taylor. Council Members Mann, Williams. Council Member Smith . The Mayor declared the motion carried. * * * * * * City Manager McCown announced the first pick-up of the Eco-Cycle program will be July 8, 1978 and the organization has i nvited the Council to attend the ceremonies on that day at the plant when the truck returns. * * * * * * Mayor Taylor stated a report will be forthcoming on the activities that took place at the Colorado Municipal League Con- terence, June 21 -23, 1978 in Colorado Springs. * * * * * * Councilman Mann announced the next event celebrating the Diamond Jubilee will be a rodeo at the Arapahoe County Fair-grounds, July 16th. * * * * * * Councilman Mann announced the Council softball team will play the last place softball team in the Women's League. The game will be Sunday, August 6, 1978 at Belleview Park at 7:00 p.m. The tickets are ~1.00. Councilman Mann stated the City Attorney will be the umpire behind the plate. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. • I • - • July 3, 1978 Page 12 Nays : Absent: • • • None. Council Member Smith. The Mayor declared the motion carried and adjourned the meeting at 9:45 p.m. • I . ( ( • • • .. M E M 0 R A N D U M TO: Honorable Mayor and Members of City FROM: Doug Severn, Act i ng Chairman of the DATE: July 13, 1978 SUBJECT: Sales and Use Tax Fore c asting Model The Tax Committee held a meeting on July 5, 1978 to discuss a proposal from Briscoe, Maphis, Murray and Lamont, Inc. on developing a model to assist the City in forecasting sales and use tax. The Committee met with Jim Murray, of the above firm, who presented the details of what a model of this type could do for the City. Mr. Murray stated that in order to reduce the costs of developing a model a number of cities were participating in the program. The Tax Committeee is of the opinion that a model of this type would have long-term benefits for the City as follows: 1) Assisting the City in estimating sales and use tax revenues which is the major single revenue source . 2) More acturate estimates to assist the Council in planning City finances through the budget . 3) Identifying variables that might have significant impact in sales and use tax revenues. Basically, the model will give the City staff a better means of projecting sales and use tax revenues and if changes occur during the year what e f fect, such as a recession, might have on this revenue source. A model of this type does take time to develop and it is an on-g o i ng process where the model gradually becomes a more ef f ective management too l . Therefore, the Tax Committee is recomm e nding that the City Council authorize $1,200 expenditure for dev elopment of an econometric model for forecasting sales and use tax revenues in Englewood. Sincerely, hS Doug Severn Act i ng Cha i rm a n Tax Comm i t t e /j lw • I • • { ( \ • • • - ,..-·---·-··-----~ .. -----·----------- f'-~ ··il BRISCOE MAPHIS , /··.~J~· MURRAY , & LAMO l 1 ~c l ~~" '"' 2336 PEARL I BOULDER , COLORADO 80302 303·449 ·8668 June 8, 1978 t1r. \~illiam James Finance Director City of Englewood 3400 s. Elati Englewood, Colorado 80110 Dear Bill: RECEIVED v L.i!/ 12 1978 DEPT. OF FINANCE ENGLEW OOD You may recall that we developed econometric revenue forecasting models for both Boulder and Vail in recent years. Although there has been a lot of interest in this forecasting procedure, few local agencies have utilized it. The experiences of Boulder and Vail however, have demonstrated that they have continued to benefit from it as a tool in the ir budgetary process. I had a request from Stan Bernstein recently to update Vail 's model to incorporate the 1976 and 1977 actual experience into each of the sales and lift tax forecasting equations. We originally compiled these two models a couple of years ago . Since we are going to be sitting down at the computer, I thought this might offer an opportunity to run data, and to initially develop equations for some other cities, too. Questions about the long term prospects for revenues tend to rear their heads this time of year. With the apparent upswing in inflation and recent interest in tax limiting l egislation, I imagine forecasts of what to anticipate will be especially handy this year. What I have in mind is a relatively simple effort to develop a single equation model for your particular sales tax. The model would relate annual sales tax revenue to a series of variables such as population, consumer price index, real per capita income , bu~lding permit activity, et. As an example, Vail's sales tax model is RST = (.02) (CPIB44(pop) + 16.78(skiers) + 3154l(BPMLAG4) + 1402866(SUMOUM~ where, RST = Quarterly retail sales tax to Vail CPI = Uni versity of Denver Consumer Price Index modified so that all inflation occurs in fourth quarter, pop = BMML quarterly series for Gore Va lley population skiers • Vail Associates quarterly series on skier visitors, excluding spectators BPMLAG4 * Quarterly building permit series with three quarter lag from summer quarter when construction started and continuing through winter quarter, and SUMDUM = 1 in summer quarter , 0 otherwise. ---..... --........ _ Management Consultants • . ' \ I • • • Mr. William James June 8, 1978 Page 2 • • • Note that Vail 's model forecasts quarterly data due to the extreme seasonality of their economy. This is usually not necessary . A model like this can be used analytically to assess the importance of pop- ulation growth, inflation, expanded development, and so forth, in terms of sales tax revenue. Also, tax revenue can be forecast by estimating growth in the variables on the right hand side of the equation. I realize that you are interested in many tax sources beyond sales tax. But this source readily lends itself to econometric analysis. Because we are going to conduct Vail 's update at this time, it would be a relatively cheap and easy way for you to gain some experience with this forecas ting procedure. This could be done by having you collect data from the past 7-10 years on your sales tax revenue, population , building permits , and/or other important variables that we would identify for you. Forwarding this to us, we would analyze the data, and compile and i nterpret the model for you. We would also make high and low projections for 1979-83, with some help from you as to the outlook for population growth , etc. If we can get a few cities together on this , we c ould hold your cost to about $1200. Since we would be planning to do this work in July , we would have to get your data (we 'll supply a form for you) by the end of June. If yo u are interested in participating in the program I would have to know soon. Please call me at 449-8668 if you have ques tions or are interested and want to pursue the creation of the mo del for your use in the upcoming budget preparations . Sincerely, a'---' s A. Murray 1.ce President J AM:lh • I • • ( ( • • • ,. • r9.b To: The City Council of Englewood Re: Mile-Hi Majorettes-Sheri Bond and Barbara Wilson On Friday, July 28, 1978, Sher i Bond and Barbara Wilson will be departing for Milwaukee, Wiscon si n , to attend th e 1978 U.S.T.A. Grand Nationals. They will be representing Colorado along with 8 other girls as Colorado State Twirling Team Champions. Both girls have worked hard throughout the year to gain both state and regional titles and now they are looking to you to h el p them attain their goal of becoming National Champions. Both Barbara and Sheri are seeking sponsors for their trip to Nationals. The entire Competition will cost $400.00 per girl. The breakdown of expenses is as follows: Transportation: $142.00 Hot el-8 days Meals Entry Fees Uniforms $100.00 $ 50.00 $ 75.00 $ 45.00 $412.00 Now I know that you are bombarded with requests for funding worthy projects and want to know why you should help Barbara and Sheri. ;For several good reasons. First: Both girls are lifelong residents of Englewood and have participated in the Community by performing with the recreation department in parades and shows. Sheri and Barbie are both attending Englewood High School. Barbie plays in the school band and Sheri is the new Feature twirler with the high school band. Their participation in the Nationals will bring not only prestige to them,but to • I • • • - • • PAGE TWO ' the commu nity as well. This is a youth activity that e ncourag es enthusiasm, personal development and commitment in the chil dren who participate in it. Barbie and Sh er i have spent many long hours preparing for this event and I hope that all of their hard work will be rewarded . The Mile-Hi Majorettes is a non-profit organization taking its membership from twirlers all over the Denver-Metro area and has been in existence 5 years. Th ey are instructed by Mrs. Donna Frazer of Golden who directs the twirling programs for the Cities of Broomfield, Lak e wood, Foothills Recreation and Wheat Ridge. Many of the girls in the program also teach in the recreation d epartments of Englewood and Littleton. They are available for parad es and performances and charity benefits. You will find the baton twirlers are Community leaders and worthy representatives for the City of Englewood. Thank you ror you)C~:::':Z"?Q~ Donna Frazer, Director . • I • • • • • f • • • • INTRODUCED AS A BILL BY COIJNCJJ...HAN Hann ------------ A RILI, FOR A N ORDINANCE C"LLI iG SPECIAL 'lllNIClPAL ELECTION FOR THE PURPOSE OF SUBMIT~ G THP UB~.~ON OF THE ESTABLISHMENT OF A DOvlNTO\-JN DEVELO Hr T AUTHOR I Y TO A VOTE OF THE QUALlFI ED ELECTORS OF THE DISTRICT ;, D VIDn~G FOJ:t 'l'HE CO!-lDUCT TIER OF. WHI:KEA'"', t Co lorado has d\.'t necessary to tSt bl t h e public heal h, and to halt a d r the central bus1n Counc1l of the City of Engl ~o d, do~s hereby determine that 1 1 n o n Dcvelop~cnt Authority for er1ty, security and wclfar rat1on of property values it and WHERicA , n•cessary to submi the gucs .ton n Autlority to a vote of he rlc w thln w~i h the Authortty exerc1se NOh', ' iER£:.1-'0RE, BE 1!' ORD/1T\1F.D BY 'HE Cl 'Y COUNCIL OF T HE CI T Y OF L'JGLEWOOD, C LORA!:IO, s follows: S e ct ion l. Pursuant to Pdr 8 o Article 25 of Title 31, Colorado Re v 1sed Statut s, 1973, as am nded, ti-Jerc shall be submitted t o a vote of the qualif1erl lectors of the Dis r1ct hereinaf er d escribed at a special eltctton to be held for that purpose on Tuesday, the 19th day of :ept mber 1978, between the hours o f 7:00 o 'clock A.M. ard 7:00 o'clock P.M. at he polling place here1nafter 1e 1gn ted, follow1nq qu~st1on: SHALL [ 01·, rDWN llE ELOPM .NT 1\UTHORITY BE FOR"'ED PURSUANT TO PAT 8 OF ARTICLE 25 OF ~lr~L~~~~~- COLORADO REVISE.D STATUTES, AS N-lE 'DE;, :'HEREBY E!·!PO\':ERING THE COu ClL OF THE CITY Of r."JGLEWOOD '.:0 ASfESS, EVY AND COLLECT AN AD VALORFM TAX UPON THE TAXABLE PR ERT'i WITHIN THE JURISDJCTJON OF Tl!E AUTHORITY OT TO BXCEED FIVE ( 5) "!ILLS pnp '~'HE ll!=:F. A n BENEFIT Or' TilE AUTHORITY, SAID TO SERVE A PUBLIC USE, TO PROMOTE HEALTH, SAFETY, PROSPERITY, SECURITY AND WELFARE OF THE INHABITANTS OF THE MUNICIPALITY AND TO HALT AND PREVENT DETERI- OaATION OF PROPERTY VALUES IN THE CENTRAL BUSINESS DISTRICT . • I • ( • • • • AUTIIORITf TO EXER..:ISE ITS POI\'EPS \vi'l'HTN A DISI'RICT IN 'I'!IS CITY Ot' E,'GLE\·ICJOD , TO RE BOUNDED AS FOLLOiJS: Begin ni ng at the NorthC'ast corner of the Southwest Quarter of S ectio n 34 Townshi 4 South, Rnnge 68 West of the 6th Principle Me ridian; thence South along the Enst linr of So uth Quarter secU on 66 0 feet more or ll·ss to a point which is intr1·sected b y the center ljrps of SoLth Bro:Hl1ny :ud Eastma n Av enue, this being the true 1 oint of be •inninr,: Thence East along the ccntPrline of East Fns .~n Avenue a dista1ce of 509 feet more or l• ss to thr centerline of the alley het•een South Lin(olry s:rc t and South Sh0rman Street; Th n e ,..outh along said CL'r •r ir>e a dis •N;e of 660 f et l'lO'e or less to a point on the ccntt>rline of Ea~t Floyd Avence Thence Fast along said centrrline of East Floyd Avenue a distance of 326 feet more or lrss to the crnterline of the alley between Sout Shermon treat and South Grnnt Street; Thence South alotg said Ct~ ·line dist~rce ot 1140 feet mor e or l ess to a point on l ne projcetPd f1·om the North line of Lot 30 , Block 7, Pr~"~i r ddition; Tl1r>nce East a distance o f 489 feet more or l• -s to the centerline of South Log an Street; Thence South nlor•g ··aid ccntt'rlir•e of South Loga n Stree t a dis':l nre of 50 f ct; fh,nce East a tU ance of 163 feet more or lrss to the c~nterlinc of the alley between South Log a n Street and Sot•t P .n~)lv.nia StrPot· Thenre South along sai d center line a dtRlancc of 813 frPt ~ore or less to the centerline of East Jeflcrson A ·~nue, also known as U.S . Highway 285; Thenc e West along said centt•rli 1e of U.S . Highwa y 285 a distance of 824.5 feet more or less to the centerline of South Sh erma n Street; TI•rnc(' South along sa1d centerline a distance o f 175 feet ~ore or ltss to a point o• he 11rojv~Led Sout h line of Lot 44, 81ock 2, H vg1ns B101d~aJ 'ddition; Thence We st a dist1nce of 1168 feet more 'r Jeqs to th center- line of the alley between South Bannock s~rrel and South Acoma Street; TI1ence 'orth a dist:lncc of 6SO feet more or less to the centerline of U.S. 285; 1hcnce It.~csterly along said centerline of U.S. Jligh~ay 285 to a oint ~hjch is the centor - line of South Bannock Strto ; Thence outh a onG said center- line of South nanno k Str0ct a distancr o1 90 •ret more or less to a point on a line projected from h€' South line of Lot 63, Block 5, Skprritts ddit1on, 2nd F1li If'; "'hence \\cst a distance of 163 ~cet more or l~ss to the cente•line of the alley betw een South Bannock Street and South Cherokee Street; Thence South along said centprline a distance of 300 feet to a line proj ected f rom uot 18, Block 5, Skerritts Addition, 2nd F1ling; Thence West a distance of 177.5 fe • mor or lPss to the centerline of South C~crokre Street; Thence North 25 feet to the c nterl1ne of Wpst Ithaca Avenue; Thence We~t along sai d cen t erline of West ILhaca Avcnu a d1stance of 163 feet to a projected centerline of th alley bct•cen South Cherokee Street and South Dcla~arc Street; Thrnce ~o rt h along said cen terlin e a distance of 180 f e mole or l€'ss to a line pro- jected from tl1e 1\orth llne of Lot 11, Block 1, Skf'n"itts -2- • ,. I • • • • • • Addition; Thence West a distance of 163 feet more or less t o the centerline of South Delaware Street; Thence South 12.5 f ee t ; Th en ce West 163 feet more or less to the centerline of t h e alley between South Delaware Street and South Elati Street; Thence Sou t h along said centerline a distance of 167 .5 f eet more or less t o the cent er line of Wes t Ithaca Av enue; Thence West along sai d Centerline of ~est I th aca Avenue a distance of 1793 f ee t more or l ss to the centerline of South Jason Street; Thence North along said cent~rline of South Jason St ree t a distance of 460 feet More or less to the cent e rline o f West Hampden Av enue also 'known as U.S. Highway 285; Thence West a di stance of 350 feet more or less to the East right-of- way line of the A.T . & S. F. Ra1lroad; Thence Northeasterly a l ong said East right -of-wa y line a distance of 1156 f ee t more o r 1 ss; Thence East a di s tance of 2592 feet mo re or less t o the centerline of South Bannock Street; Thence No rth 192 feet more or less along the center line of South Bannock Street; Thence East a dist a nce of 163 fee t more or less; Thence Nort h a distance of 470 feet more or less to the centerline of West Eastman Avenue; Thence East a distance of 509 feet more or l es s to the true point of beginni ng. Section 2. Said special election shall be held and conducted in accordance with the Charter of the City of Englewood, the Constitution of the State of Colorado, and the Colorado Munici - pal Elect~on Code of 1965, as amended, insofar as the same may be applicab le . Se ction 3 . No vote, either for or aga•nst he que stion to be submitted at sa~d special elect1on, shall be received or permitted by the Judges of election unless the person offering the same shall be a qualified ~lector of the District. A qualified elector of the District is one who is either a "resident, "landowner", or a "lessee" as these terms are defined below: "Resident" States and a years of age place in the means one who is a ci t izen of the United resident of the State of Colorado, 18 or older, who makes his primary dwelling District . "Landowne r" means the owner in fee of any undivided interest in real property or any improvement, perman- ently affixed thereto within the District. "Owner in -3- • I • - • • • • Fee" includes a contract purchaser ob ligated to pay general taxes , an heir, and a devisee under a Will admitted to Probate and doe s not include a contract seller of p operty with re- spect to which the contract purchaser is deemed to be he owner in fee. "Lessee " means the holder of the lease-hold interest in real property within the District . "Lease-hold In terest" does not include a li cens ~ or mere contract ri9ht o use rra l proper y within the District. Any landowner or lessee which is not a na ural p e rson may vote only if it designates by some offic ia l action a representative thereof to cast its ballot. Section 4. The qualified electors of the District shall vote at said special election by secret paper ballo , either by submitting an absent voter bnllo or by appe ring a~d cas ing a ballot at the polls. Voting machines will not be used. Section 5. Qualif ied electors of the District who meet the requ irements of the Colorado Municipal Election Code of 1965, a s amended, relating to absent voter balloting , and who intend to vote by absent voter ballo , may obtain information and apply for and receive an absent vo er ballot at the office of t he Director of F1nance , Ex Offic1o City Clerk, at City Hall, 3 400 South Elati Street, Englewood, Colorado , a t any time dur in g regular business hours on or before Friday, the 8th day of September, 1978, by following the procedures set forth in said Election Code. Section 6. The Englewood Election Commission shall esta blish precinc or precincts and appoint the elec ion judges and clerks for each such precinct or precincts as provided in the said Colorado Municipal Election Code or the City Charte r . Section 7. The Dir ector of Finance, Ex Officio City Clerk, and all other proper offic1als of the C1ty of Englewood shall give Notice of said special Municipal election, whi~h No ice shall be published in the manner and for the length of time required -4- • I • • • • • by law, and said Director of Finance, Ex Officio City Clerk, is further instructed to post a copy of said Notice at the polling place in each ~recinct or precin cts at least en (10) days before said special election. Said Notice of special election shall be in substantially the following form : NOTICE OF SPECIAL ELECTION CITY OF ENGLEivOOD, COLORADO DO\vN'rO\tlN DEVELOPMENT AUTHO Ri rY SEPTEMBER 19, 1978 NOTICE IS HEREBY GIVEN that at a special election to be held at ~he polling place here·nafter designated on Tu esday , the 19 h day of September, 1978, between the hours of 7:00 o'clock A.M. and 7:00 o'clock P.M., t.1~re shall be submitted o the qualified electors of the District he following question: Shall a Downtown Development Authority be formed pursuant to Part 8 of Article 25 of Title 31, Colorado Revi sed Statutes, 1973, as amended,ll.~ ~a..... thereby empowering the Council of the City of 1\~ I Englewood to assess, levy and collect an ad valorem tax upon the taxable prop~rty within the jurisdiction of he Au hority not ~o exceed five (5) mills for the use and benefits of the Au hority, said Authority to exercise i s powers within the District in the City of Enylewood to· ounded as follows : Beginning at I e Nort 1~a t co1nc r of the Southwest Quarter of Section 3 4 Tu~~ship 4 Scu h, Range 6 West of the 6th Principle 'eridj:ln; l.ence South along the Eas t line of South Quart r section 660 feet more or less to a point which is intersected by the center lines of South Broad~ay and Eastma n Avenue, this being the true pojnt of beginning: Thence East along the c~nterline of East Eastman Avenue a distance of 509 eet mor or less to the centerline of the alley between South Lincoln Street and South Sherman Street; Th ence south along said centerline a distance of 660 feet more or 1 ss to a point on the centerline of East Floyd Aven~ Thence East along said c~nterline of East Floyd Avenue a distance of 326 feet more or less to the centerlin of the alley bet~een South Sherman Street and South Grant Street; Thence South along said cnterline a distance of 1140 feet more or 1 ss to a point on a line plojected from the North line of Lot 30, Block 7, Premier Addition; Thence East a distance of 489 feet ~or or css to the con ~rline of South Logan Street; Thence South along aid cent rlino of South Logan Street a distance of 50 feet; Thence East a distance o f 163 f et mor or les to the centerline of the alley between South Lo an Stre t and South P nnsylvania Street; Thence Sout h -5- • I • • • • • ,. • along said centerline a distance of 845 feet more or less t o th e centerline of East Jefferson A\enue, also known as U .S . Highway 2 85; Thence West along said centerline of U.S. Hi ghway 285 a distance of 824.5 feet more or less to the centerline of South Sherman Street; Thence South along said centerline a distance of 175 fee t more or less t o a point on the projected South line of Lot 44 , Block 2, Higgins Broadway Addition; Then c e ~es t a distance of 1168 feet more or l ess to the center - line of the alley between South Bannock Street and South Acoma Str ee t; Thence North a distance of 680 feet more or less to the cent e rline of U.S. 285; Thence Northwesterly along said center line of U.S. Highway 285 to a point wh i ch is the center- line of South Bannock Street; Thence South along said c nter- line of South Bannock Street a dista nce of 90 feet more or less t o a point on a line projected from the South line of Lot 63, Block 5, Skerritts Addi tion, 2nd Filing; Thence West a dis tance of 163 feet more or less to t h e ce nt erli ne of the alley be tween Sou t h Bannock Street and South Cherokee Street; Th ence South along said cent rline a dis tance of 300 feet t o a line p rojected from Lot 18, Block 5, Skerritts Addition, 2nd Filing ; Thence West a distance of 177.5 feet mo re or le s s to the centerline of South C~erokee Street; Thence North 25 feet to the centerline of West Ithaca Avenue; The nce West along said centerline of West Ithac a Avenue a distance of 163 feet to a projected centerline of the alley between South Cherokee Street and South Delall.are Street; Thence North alo ng said cente rline a d istance of 180 feet more or less to a line pro- jected from the North line of Lot 11, Rlock 1, Skerritts Addit ion; Th e nce West a distance of 1 63 feet more or l ess to the centerline of South o~laware Street; Thence South 12.5 f eet; Thence West 163 feet more or l ess to the centerline of the alley betw•en South Dcla~are Street and Sout h Elati Street; Thence South along said centerline a distance of 167.5 feet more or less to the centerline of West Ithaca venue; Th nee West along said Centerline of West Itha c a Avenue a distance of 1793 feet more or le s to the centerline of South Jason Street; Thence North along said centerline of South Jason Street a distance of 460 feet more or less to the centerline of West Hampden Avenue also known as U .S. High\l.ay 285; Thence West a distance of 350 feet more or less to the East right-of- way line of the A.T. & S. F. Railroad; Thence Northeast rly along said East ri ht -of-way line a distance of 1156 f et more or less; Thence E3st a distance of 2592 feet more or less to the centerline of South Bannock Street; ThPnce orth 192 feet more or less along the centerline of South Bannock Street; Thence East a distance of 163 fpet more or less; Thence 'ort b a distance of 470 f et more or less to the centerline of West Eastman Avenue; Th nee East a distance of 509 feet more or l ess to the true point of beginning. The purpose of the proposed Downtown Development Author1ty is generally to serve as a vehicle for planning and improving the above described centr 1 business dis rict by -6- I • • • • • - the exercise of the powers granted to it by the governing Statute. A Qualified elec tor of the District is one who is either a "Resident", a "Landdowner", o r a "Lessee " as these terms are defined below: "Resident" me ans one who is a citizen of the United States and a resident of the State of Colorado , 18 years of age or older, who makes his primary dwelling place in the District . "Landowner" Means the owner in fee of any undivided interest in real property or any improvement, permanently affixed thereto within the District. "Owner in Fee" includes a contract purchaser obligated to pay general taxes , an heir, and a devisee under a Will admitted to Probate and doe s not include a contract seller of property with respect to which the contrac t purchaser is deemed to be the owner in fee . "Lessee" means the holder of the lease-hold interest in real property within the District. "Lease-hold Interest" does not include a licens ~ or mere contract right to use real property within the District. Those qualif1ed electors o f the Distr1ct who are other- wise fully qualified to vote on said question at said election, but shall be absent from their precincts on the day of said special election, or who by reason of their work or the nature of their employment are likely to be absent and fear that they will be absent from their precinct on the day of said special election, or who because of serious illness or physical disability, or who for reasons based upon the doctrines of an established religion shall be unable to attend the polls, may apply in writing at the office of the Director of Finance , Ex Officio City Clerk, at City Hall, 3400 S. Elati Street, Englewood, Colorado, for absent voter ballots at any time during regular business hours on or before Friday, September 8, 1978. The Election Commission has established, for the purposes of said special election only one election precinct, the polling place for which shall be the Community Room in the Englewood City Hall, 3400 South Elati Stree , Englewood, Colorado 80110, and the boundaries of which shall be the same as the boundaries of the proposed District. The absent voter -7- • I • • ( • • • - polling place shall be the Office of the Director of Finance. Ex Officio City Clerk, Engl ewood City Hall, 3400 South Elati Stree t, Englewood, Colorado. The votes cast shall be recorded on paper ballots, and said special election shall be held and conducte d, the returns thereof canvassed , and the r esu lts hereof d e clared, in the manner presc ribed by law for other Municipal Elections. IN WIT NESS WHEREOF, the Council of the City of Englewood, Colorado, has caused this Notice to be given. (CITY SEAL) /s/ D1rector of Finance Ex Officio Cjty Clerk City of Englewood, Colorado Section 8. The ballots to be used in voting upon the question to be submitted at said specia l election shall be prepared and furnished by the Englewood Election Commission to the Judges of the election, to be by them furnished to the qualified electors of the District. Said ballots shall be in substantially the following form: OFFICIAL BALLOT Stub No. 1 OFFICIAL BALLOT Stub No. 1 OFFICIAL BALLOT CITY OF ENGLEWOOD STATE OF COLORADO SPECIAL ELECTION SEPTEMBER 19, 1978 (Each elector desirous of voting FOR or AGAINST the following question shall designate his or her choice by placing a cross (X) in the square opposite the words expressing his or her choice.) Shall a Downtown Development Authority formed pursuant to Part 8 of Article 25 of Title 31, Colorado Revised Statutes, 1973, as amended,~thereby empowering the Council ~~-QA~/ be of I • • - ( • • - the City of Englewood to assess, levy and collect ad valorem tax upon the taxabl e property wi t hin the jurisdiction of lhe Authority not to exceed five (5) mills for the use and benefit of the Authori ty , said Authority to exercise its powers within the District in the City of Englewood to be bounded as follows : Beginning at the Northeast corne r of the Southwest Quarter of Section 34 Township 4 South, Range 68 West of the 6th Principle Meridian; thence South along the East line of South Quarter section 660 feet more or less to a point which i s intersected by the center lines of South Broadway and Eastman Avenue, this being the true point of beginning; Thence East along the centerline of East Eastman Avenue a distance of 509 feet more or less to the centerline of the alley between South Lincoln Street and South Sherman Street; Thence south along said centerline a distance of 660 feet more or less to a point on the cent er line of East Floyd AvenU!; Thence East along said centerline of East Floyd Avenue a distance of 326 feet more or less to the centerline of the alley between South Sherman Str et and South Grant Street; Thence South along said centerline a distance of 1140 feet more or less to a point on a line projected from the North line of Lot 30, Block 7, Premier Addition; Thence East a distance of 489 feet more or less to the cen~erline of South Logan Stree t; Thence South along said cen erline of South Logan Street a distance of 50 f ee t; Thence East a distance of 163 feet more or less to the c nterline of the alley between South Logan Street and South Pennsylvania Street; Thence South along said centerline a distance of 845 f et more or less to the centerline of East Jefferson A enue, also known as U.S. Highway 285; Thence West along said centerline of U.S. Highway 285 a distance of 824.5 feet more or less to the centerline of South Sherman Street; Thence South along said cent rline a distance of 175 feet more or less to a point on the projected South line of Lot 44, Block 2, Higgins Broadway Addition; Thence West a distance of 1168 feet more or less to the center- line of the alley between South Bannock Street and South Acoma Street; Thence North a distance of 680 feet more or less to the centerline of U.S. 285; Thence Northwesterly along said centerline of U.S. Highway 285 to a point which is the center- line of South Bannock Str eet; Thence South along said center- line of South Bannock Street a distance of 90 feet more or less to a point on a line proj cted from the South line of Lot 63, Block 5, Skerritts Addition, 2nd Fjling; Thence West a distance of 163 fc t more or less to the centerline of the alley betw en South Bannock Street and South Cherokee Street; Thence South along said centerline a distance of 300 feet to a line projected from Lot 18, Block 5, Sk rritts Addition, 2nd -9- , I • • ( • • • • Filing; Thence ~est a distance of 177.5 feet more or l es s to the c e nt er line of South C~erokee Street; Thence North 25 feet to the c enterline of ~est Ithaca Avenue; Thence West along said centerline of West Ithaca Av e nue a distance of 163 feet to a projected centerline of the alley between South Cherokee Stree t and South Delalllare S treet; Thence North al ong said cente rline a distance of 180 feet more or l ess t o a line pro- jected from the North line of Lot 11, Block 1, Sk erritt s Addition; Th e nce West a dis ta nce of 163 feet more or less to the centerline of South Delaware Street; Thence South 12 .5 feet; Thence West 163 feet more or l ess to the centerline of the alley b etween South Delaware Street and South Elati S treet; Th ence South along said ce n te rline a distance of 167.5 feet more or less to the centerline of West Ithaca Avenue; Thence West along said Centerline of West Ithaca Avenue a dis ta nce of 1793 feet more or less to the centerline of South Jason Street; Thence North along said centerline of South Ja son Street a distance of 460 f ee t more or less to the centerline of West Hampden Ave nue al s o known as U.S. Highway 285; Thence West a distance of 350 feet more or less to the East r ight-of- way line of the A.T. & S. F. Railroad; Thence Northeasterly along said East right-of-way line a distance of 1156 feet more or less; Thence East a distance of 2592 feet more or less to the centerline of South Bannock Street; Thence North 192 feet more or less along the centerline of South Bannock Street; Thence East a dist ance of 163 fee t more or less; Thence North a distance of 470 feet more or less t o the centerline of Wes t Eastman Avenue; Thence East a distance of 509 feet more or less to the true point of begin ning. YES ;-, NO OFFICIAL BALLOT FOR SPECIAL ELECTION HELD IN THE CITY OF ENGLEWOOD, COLORADO, ON SEPTEMBER 19, 1978. -10- (facsimile si~nature) Director of F1nance Ex Officio City Clerk City of Englewood , Colorado • I • • ( • • • !' • Section 9. If the establishment of the proposed Downtown Devel opment Authority is approved, an ad valorem tax not to exceed five (5) mills may be asses sed, levied and collected by the Council of the City of Englewood, Colorado, for the use and benefit of the Authority in accordance with the pro- vis ions of Part 8 of Article 25 of Title 31, Colorado Rev ised Statutes 1973, as amended. Section 10. The votes cast at special election shall be canva ssed the returns thereof made, and the results thereof declared in the manner provided by law for the canvass, return and declar- ation of the result of votes cast at regular Municipal elections for the City of Englewood, Colorado. Section 11. If a majority of the qualified electors of the District voting on the qu e stion set forth hereinbefore to be submitted at said special election vote for the establishment of the proposed Downtown Development Authority, the Council shall proceed forthwith by Ordinance to establish said Authority. Section 12. If any sect ion, paragraph, clause or provision of this Ordinance is judicially judged invalid or unenforceabl e , said judgment shall not affect , impair, or invalidate any of the remaining sections, paragraphs, clauses, or provisions of this Ordinance, the intention being that the various sections, paragraphs, clauses or provisions he~eof are severable. Introduced, read in full and passed on first reading the ~1~7--~day of July, 1978. 1978. ATTEST: Ex Published as a Bil~l for ~c;ii;·;;_ MAYOR " __./ I, William D. James, do hereby ce rtify that the -11- • / I • • ( ( ( • • • • above and foregoing is a true, accurate and complete copy of the Bill for and Ordinance, introduced, read in full and passed on first reading on the day of July, 1978 . Ex~ -12- I • ( ( • • • • INTRODUCED AS A BILL BY COUNCILMA N ___ I\~1\ __ 0v __ \~_1_'-______ __ A BILL FOR AN ORDINANCE CA LLI NG A SPECIAL ~UNICIPAL ELECTION FOR THE PURPOSE OF SUBM ITTING THE QUESTION OF THE ESTABLISHME~T OF A DOWNTOWN DEVEL OPMENT AUTHORl.'Y TO A VOTE OF THE QUALI FIED EL ECTORS OF TH E DISTRICT AND PRJVIDING FOR THE CONDUCT THEREOF . WH LREAS, the City Council of t he City of En glewood , Colorado has det rmined and does hereby d etermine that rt 1s necessary to est~blish a Downtown Development Authority for the public health, safety, prosperity, security and welfare and to halt and prevent d~terioration of property values in the central business drstrict· and WHE REAS , it rs first n~.essary to submit the question of the establis hment of such an Authority to a vote of he qualifi ed electors of the Drstrrct within which the Authority is to exercise its powers. N0 \\7 , THEhl.FORE, BE IT OFDArlED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. Purs uant to Par 8 of Article 25 of Tr le 31, Colorado Revised Statutes, 1973, as a~ended, t~ere shall be submitted to a vote of th e gualr ficd electors of the District hereinafter described at a special election to be held for t hat p urpose on Tuesday, the 19th day of Se tember 1978, bet ween the hours of 7:00 o'clock A .M. and 7:00 o'clo~k P .M. a the polling place hereinafter design ed, t he following question: PURSUANT 70 PART 8 OF ARTICLE 25 OF TITLE 31 ' SHALL A DOw~TO~~ DEVELOPMSNT AUTHORITY BE FOR~ED ~ COLORADO REV l SED STATU'l ES, AS AME OED , HEREBY U, ~ EHPO\'IERI:-IG '::'liE COUNCIL OF THE 'ITY OF ENGLEI'JOOD 0. ~., TO ASSESS, ~EVY AND COLLECT AN AD VALO REM TAX ~y/ UPON THE TAXABLE PROPERTY WITHIN THE JURISDICTION . ,,v:.- OF THE AUTHOR:::TY OT TO F CEED FIVE ( 5) MILLS { f! v-'}-11 ). ·"- FOR THE USE A~D B~~EFIT OF THE AUTHORIT Y , SAID ~~ ,H f:J1.V ~1 q~'t \)-JJ. .rd-vfj) . 1eJ_JA, o.J.~~~ • / I • • • • • • AUTHORI Ti TO EXERCISE ITS POWERS WITHI N A DISTRICT IN THE TTY OF E.GLEWOOD, TO BE BOUNDED AS FOLLOWS: Be ginning at the Northeast corner of the So ut h we st Quarter of Section 34 Townsh ip 4 South, Rnnge 68 West of the 6th ~·inci ple Me rid ia n; thence South along the East lin of South Quarter sec t i on 660 feet more or less to a poi n t whi ch is intersec ted by the center lines of South Broadway and Eastman Avenu e , t his being the true point of beginni ng: Th ence East al ong the centerline of East Eastma n Avenue a dist ance of 509 feet more or 1 ss to the centerline of the a lley between South Lincoln Street and South Sherman Street; Th e nce s outh along said centerline a distance of 66 0 feet more or les s to a poi nt on the enterline of East Floyd Aveme Th ence Eas t alo ng said centerline of East Floyd Avenue a distance of 326 feet more or less to the center line of the alley b e tw een South Sherman Street and South Grant Street; Thence Sou t h along said centerl1ne a dista ce of 1140 feet more or l ess to a point on a l"ne projccl<•d fro m the North line of Lo t 30, Block 7, Premi e r Addition; Thence Ea st a distance of 489 feet more or less to the centerline of S outh Logan St ree t ; Thence South along ·a-d cftnterl'ne of Routh Logan Stree t a d istance of EO feet; Thence East a dista ce of 163 feet more or less to the centerline of the alley betwee n South Logan Street and South P nnsylvania SlrPet; Thence Sout h along said centerline a distance of 8J5 feet more or less t o the centerline o f East Je fferson Ave uc, also known as U .S. Hi ghway 285 ; Thence West along said C{llterline o f U.S. Highwa y 285 a distance of 824 .5 feet more or ltss to the centerline of South Sherman Street; Thcnc0 South along said centerline a distance of 175 feet more or <'SS to a point on the projected South line of Lot 44, Block 2, Higgins BJ·oad•av Addition; Thence Vest a distance of 1168 fe~t more or lc s to the center- line of the a ll ey between South Bannock Street and South Acom a Street ; TI1 nee North a distance of 6 0 feet more or less to the centerline of U.S. 285; Thence .·orth'llcsterly along s aid cen t er l ine of U.S . High'llay 285 to a 01nt which is the center- line of South Bannock Str~et; Th1nce South along said center- line of South Bannock s• <·et a distance of 90 feet more or l ess t o a point on a line projected fron the South line of Lot 63, Block 5, Skerritts Addition, 2~d Filing; Thence W st a distance of 163 feet more or less to the ~cnterline of the alley bet'lleen South Bannock Street and South Cherokee Street; Thence South along said centerline a distance of 300 feet t o a line projected from Lot 18, Block 5, Skerritts Addition, 2nd Filing; Thence West a distan~e of 177.5 feet more or less t o the centerline of South C~erok e Str et; Thence North 25 feet to the cent rline of WPst Ithaca Avenu ; Thence Wc~t along sa id centerline of West Ithaca Avenue a distance of 163 feet to a proj cted centerlinP of th alley bet'llcen South Cherokee Street and South Dcla~are Street; Thence North along sai d centerli ne a di stanc<' of 1 0 f ( t mo1·e or less to a line pro- j cted from the North lin of Lot 11, Olock 1, Skerritts -2- • I • ( ( • • • .. .. Add ition; T h ence West a distance of 163 fee t more or less to the cent e rline o f Sout h Delaware Street; Thence So uth 12 .5 feet; Th en ce West 1 63 feet more o r less to the c e n te rline of the all e y b etween South Delaware Street and South E l a ti S t r ee t; Th e nce South along said c0nterline a distance oi 16 7 .5 f e et mo re o r l e ss to t h e centerline of West Ithaca Avenue; Thenc e Wes t along s ai d Cente rl ine of West Ithaca Avenue a distance of 1793 f e et mor e or less to the center l ine o f Sout h J ason Str ee t; Thence Nor t h along said centerline of So u th J ason Street a distance o f 460 feet mor e o r less t o t h e centerline of We st Ham pden Av enu e also known as U.S . Hi ghway 2 85; Thenc e We st a di s tance o f 3 50 feet more or less to the East right-of- way line o f t he A .T . & S. F. Railroad; Thence Northeasterly along s al d Ea s t r i g h t -of-way line a distance o f 1156 feet more or l e ss; Th ence East a distance of 2592 feet more or less to the ce nt e rl ine of S outh Bannock Street; Then c e North 192 f eet more or less along the centerline of South Bannock Str e t; Thence East a distance of 163 feet more o r less; Thence ~rt h a distance of 470 feet more or less t o the centerline of Wes t E a stma n Av enue; Thence East a dis t ance of 50 9 feet more o r les s to th e t rue point of beginni n g. Sect ion 2. Said special election shall be held and conducted i n accorda n ce with the Charter of the City of Englewood , the Con stituti on o f the State of Colorado, and the Co lorado Munici - pal El ecti on Code of 1965, as amended, insofar a s the same may be appl icable . Se ction 3. No v ote , either for or against the question to be submitte d at said special election, sh 11 be received or p e rm i t ted by the Judges of election unless the person offer in g the same shall be a qualified elector of the Distr1ct. A qualified elector of the Distr1ct is one who is either a "resident, "landowner", or a "lessee" as hese terms are d f1ned below: "Resid nt" States and a years of age place in the means one who 1s a citizen of the United res1dent of the State of Colorado, 18 or older, who makes his rimary dwelling D1strict. "Landowner" means t~e owner in fee of any undivi d e d 1nterest in real property or any improvemen t, perman- ently affixed thereto wi h1n he District . "Owner i n -3- • • I I • • ( • • • - Fee " includes a contract purchaser obligated to pay gene ra l taxes , an heir, and a devisee under a Will admitted to Probate and does not include a contract seller of property with re- spect to which the contrac t purch ase r is d eemed to be the owner in fee . "Lessee" means the holder of the l e ase-ho ld interest in r ea l property wi thin the District. "L ea se-hold In terest" doe s not include a license\. or mere cont ract righ t to use rea l p roperty within the District . Any l andowne r or lessee which is no t a n atural p er son may vote only if it designates by some off icial action a representative the reof to cast its ballot . Section 4. The qualified e l ectors of the Distrjct shall vote at said special election by secret paper ballot , either by submi tti ng an absen t voter ballot or by ap pea ring an d casting a ballot at the polls. Voting machin e s will not be used. Sec tion 5. Qualified electors of the District who meet the requirement s of the Colorado Municipal Election Code of 1 965, as amended, r elating to absent voter balloting , and who intend to vote by abse~t vot r ballo , may obtain informa tion and apply for and receive an ab s en vo er ballot at the office of the Direc tor of Fi ance, Ex Officio City Clerk, at City Hall, 3400 South Elati S ree , Englewood, Colorado , at any time during regular business hours on or before Frida y, the 8th day of September, 1978, by followi g he procedure s set forth in sa id Election Co de. Sect ion 6. The Englewood Election Comm1ssion shall establi sh precinct or prec1ncts and appoint the election judges and clerks for each such precinct or precincts as provided i n the said Colorado Municipal Election Code or the City Charter . Sect ion 7. The Dire ctor of Finance, Ex Officio City Clerk , and all other proper officials of the C1ty of Englewood shall give Notice of said special Municipal election , which No ice shall be published in the manne r and for the length of time required -4- • ( I • • • • • • by law, and said Director of Finance, Ex Officio City Clerk, is further instructed to post a copy of sai d Notice at the poll ing place in each precinct or precincts at least ten (10) days before said sp ecial election. Said Notice of special election shal l be in substantially the following form: NOTICE OF SPECIAL ELECTION CITY OF ENGLEWOOD, COLORADO DO\VNTOWN DEVELOPMENT AUTHO RI ·rY SEPTEMBER 19, 1978 NOTICE IS HEREBY GIVEN that at a special election to be held at the polling place hereinafter designated on Tuesday, the 19th day of September, 1978, between the hours of 7:00 o'clock A.M. and 7:00 o'clock P.M., there shall be submitted to the qualified electors of the District the following question: Shall a Downtown Development Authority , be formed pursuant to Part 8 of Article 25 of Title . 31, Colorado Revised Statutes, 1973, as amende~ tj)./t.'U .. IYI thereby empowering the Council of the City of Englewood to assess, levy and co llect an ad valorem tax upon the taxable prope rty within the jurisd iction of the Authority not to exceed five (5) mills for the use and b e n efits of the Authority, said Authority to exercise its powers within the District in the City of Engl e wood to bounded as follows : Beginning at the Korthcast orner of the Southwest Quarter of Section 34 Town ship 4 So uth, Range 68 West of the 6th Principle Meridian; thence South along the East line of South Quarter section 660 feet more or l ess to a point which is intersected by the center lines of South Broadway and Eastman Avenue, this being the true point of beginning: Thence East along the centerline of East Eastman Avenue a distance of 509 feet more or less to the centerline of the alley between South Lincoln S reet and South Sherman Street; Thence south along said centerline a distance of 66 0 feet more or less to a point on the centerline of East Floyd Aven~ Thence East along said centerline of East Floyd Avenue a distance of 326 feet more or less to the centerline of the alley between South Sherman Street and South Grant Street; Thence South along said c nterline a distance of 1140 feet more or less to a point on a line projected from the North line of Lot 30, Block 7, Premier Addition; Thence East a distance of 489 feet more or less to the centerline of South Logan Street; Thence South along said centerline of South Logan Street a distance of 50 feet; Thence East a distance of 163 f eet more or 1 ss to the centerline of the alley between South Logan Street and South Pennsylvania Street; Thence South -5- I I • • ( • • • - a long said c enterline a distance of 845 feet more or l ess t o the centerline of East Jeffe rs on Av enue, al s o known as U.S. Highway 2 85; Thence West along sa id centerline of U.S. Hi ghwa y 285 a distance of 824.5 f ee t more or less to the centerline of South Sherman Street; Thence South along sai d center line a distance of 175 feet more or less to a point on the projecte d South line of Lot 44 , Block 2, Hig gi ns Broadway Additio n; Then c e ~est a di stance of 1168 feet more or l ess to the center- line of t he alley between South Bannock Street and South Acoma St re et; Th ence North a distance of 680 feet more or l ess to the centerline of U.S. 285; Th en ce Northwesterly along said centerline of U.S. Highway 285 to a point which is t he center- line of South Bannock Street; Thence South along said center- line of South Bannock St reet a d istance of 90 feet more or l e ss t o a point on a line proj ec ted from the South line of Lot 63, Block 5, Skerritts Addition, 2nd Filing; Thence West a distance of 163 feet more or les s to the ce n terl ine of the alley between South Bannock Street and South Cherokee Street; Th e nce South al ong said centerline a distance of 300 feet to a line projected from Lot 18, Block 5, Skerritts Addition, 2nd Filing; Thence West a distance of 177.5 f ee t more or less to the center l ine of South C~erokee Street; Thence North 25 fee t to the centerline of West Ithaca Avenue; Thence West along said centerline of West Ithac a Avenue a distance of 163 feet to a projected centerline of the alley between South Cheroke e Street and South Dela~are Street; Th en ce North along sai d c enterline a d istance of 180 feet more or less to a line pro- jected from the North line of Lot 11, Block 1, Sker rit t s Addition; Th enc e West a distance of 163 feet more or l es s to the centerline of South DPlaware Street; Thence South 12.5 f ee t; Thence West 163 feet more or less to the centerline of the alley between South Delaware Street and South Elati St ree t; Thence South along said centerli ne a distance of 167.5 feet more or l es s to the centerline of West Ithaca Avenue; Thence West along said Centerline of West Ithaca Avenue a distance of 1793 feet more or less to the centerline of South Jason S treet; Thence North along said center l ine of South Jason Street a distance of 460 feet more or less to the centerline of West Hampden Avenue al o known as U.S. High~ay 285; Thence West a distance of 350 fe t more or less to the East right-of-~ay line of the A.T. & S. F. Railroad; Thence Northeasterly a long said East right -of-way line a distance of 1156 feet more or less; Thence East a distance of 2592 feet more or less to the centerline of South Bannock Street; Thence North 192 feet more or less along the centerline of South Bannock Street; Thence East a distance of 163 feet more or le ss; Thence Nort h a distance of 470 feet more or less to the centerline of Wes t Eastman Avenue; Th ence East a distance of 509 f eet more or l ess to the true point of beginning. The purpose of the proposed Downtown Developmen t Authority is gen rally to serve as a vehicle for planning and improving the above described central business district by -6- • I • • - ( • • • • the exercise of the powers granted to it by the governing Statute. A Qualified elector of the District is one who is either a "Resident", a "Landd owner ", or a "Lessee" as these terms are defined below: "Resident" means one who is a citi ze n of the United States and a resident of the State of Colorado, 18 years of age or older, who makes his primary dw e lling place in the District. "Landowner" Means the owner in f ee of any undivided interest in real property or any improvement, permanently affixed thereto within the District. "Owner in Fee" includes a contract purchaser obligated to pay general taxes, an heir, and a devisee under a Will admitted to Probate and does not include a contract seller of property wi th respect to which the contract purchase r is deemed to be the owner in fee. "Lessee" means the holder of the lease-hold interest in real property within the District. "Lease -hold Intere st" does not include a licens ~ or mere contract right to use real property within the District. Those qualified electors of the District who are other- wise fully qualified to vote on said question at said election, but shall be absent from their precincts on he day of said special election, or who by reason of their work or the nature of their employment are likely to be absent and fear that they will be absent from their precinct on the day of said special election, or who because of serious illness or physical disability, or who for reasons based upon the doctrines of an established relig~on shall be unable to attend the polls, may apply in writing at the office of the Director of Finance, Ex Officio City Clerk, at City Hall, 3400 S. Elati Street, Englewood, Colorado, for absent voter ballots at any time during regular bus~ness hours on or before Friday, September 8, 1978. The Election Commission has established, for the purposes of said special election only one election precinct, the polling place for which shall be the Conununity Room in the Englewood C~ty Hall, 3400 South Elati Street, Englewood , Colorado 80110, and the boundaries of which shall be the same as the boundari es of the proposed District. The absent voter -7- • I • - ( • • ,. • polling place shall be the Office of the Director of Finance. Ex Officio City Clerk, Engle wood City Ha ll , 3400 South Elati Street, Englewood, Colorado. The votes cast shall be recorded on paper ballots, and said special election shall be held and conducted, the returns thereof canvassed, and the results thereof declared, in the manner prescribed by law for other Municipal Election s. IN WITNESS WHEREOF, the Council of the City of Englewood, Colorado, has caused this Notice to be given. (CITY SEAL) /s/ D~rector of F~nan ce Ex Officio City Clerk City of Englewood, Colorado Section 8. The ballots to be used in voting upon the question to be submitted at said special election shall be prepared and furnished by the Englewood Election Commiss ion to the Judges of the election, to be by them furnished to the qualified electors of the District. Said ballots shal l be in substantially the following form: OFFICIAL BALLOT Stub OFFICIAL BALLOT Stub CITY OF ENGLEWOOD No. 1 No. 1 OFFICIAL BALLOT STATE OF COLORADO SPECIAL ELECTION SEPTEMBER 19, 1978 (Each elector desirous of voting FOR or AGAINST the following question shall designate his or her choice by placing a cross (X) in the square opposite the words expressing his or her choice.) Shall a Downtown Development Authority be formed pursuant to Part 8 of Article 25 of Title 31, Colorado Rev ised Statutes, 1973, as amended,(thereby empowering the Council of ·~ -8- • I • ( ( • • • - the City of Englewood to assess, levy and c ollect ad v alo r e m tax upon the taxa ble property with in the jurisdiction of the Authority not to exce ed five (5) mills for t he use an d benefit of the Au t hority, said Authority to e x ercise its powers within the Distri c t in the City of Engl ewood to be bounded as follows : Beginning at the Northeast corner of the Southwes t Quart er of Section 34 Township 4 South , Rang e 68 West of the 6th Principle Meridian; th e nce Sou t h along the East line of South Qu art er section 660 f e et more or less to a p oint which is intersected by the center lines of South Bro a dway and Eastman Avenue, this being the t r ue point of beginn in g: Thence East along the center line of East Eastman Ave nue a distance of 509 feet more or l ess to t he centerline of the alley between South Lincoln S tree t and South Sherman Street; Thence south along s aid ce n terline a distance of 660 feet more or less to a point on the centerline of East Floyd Aveme Thence East along said centerline of East Floyd Av enue a distance of 326 feet more or l es s to the centerline of the alley between South Sh erma n Stree t and South Grant Street; Thence South along said c enter line a distance of 1140 feet more or less to a point on a line projected from the Nort h line of Lot 30, Block 7, Premier Addit io n ; Thence East a distance of 489 feet more or less to the center l ine of South Logan Street; Thence South along said centerline of South Logan Street a distance of 5 0 feet; Thence East a distance of 163 feet more or less to the centerline of the alle y betwee n South Logan St reet and South P ennsy lvania Street; Thence South along said centerline a distance o f 845 f eet more or less to the centerline of East Jefferson Avenue, als o know n as U.S. Highway 285; Thence West along said centerline of U.S. Highway 285 a d is tance of 824.5 feet more or less to the centerline of South Sherman S treet; Thence South along sai d centerline a distance of 175 feet more or less to a point on the projected South line of Lot 44, Block 2, Higgins Broadway Addition; Thence West a distance of 1168 feet more or less to the center- line of t he alley between South Bannock Street and South Acoma Stree t; Thence North a distance of 680 feet more or less to the centerline of U.S. 285; Thence North~esterly along sai d centerline of U.S. Highway 285 to a point which is the center- line of South Bannock Street; Thence South along sa id center- line of South Bannock Street a distance of 90 feet mo re or less to a point on a line projected fr om the South line of Lot 63, Block 5, Skerritts Addition, 2nd F i li ng; Th e nce West a distance of 163 feet more or l ess to the centerline of the a ll e y between South Bannock Street and South Cherokee Street; Thence South along sai d center line a di stance of 300 feet to a line projected from Lot 18, Block 5, Sk er ritts Addition, 2nd -9- ----------------------------------~~ • I • • • • • • Filing; Thence West a distance of 177,5 feet more or less to the centerline of South C~erokee Street; Thence North 25 feet t o the centerline of West Ithaca Avenue; Thence West along said centerline of West Ithaca Avenue a distance of 163 feet to a projecte d centerline of the alley between South Cherokee Street and South Delaware Street; Thence North along said centerline a distance of 180 feet more or less to a line pro- jected from the North line of Lot 11, Block 1, Skerritts Addition; Thence West a dis tance of 163 feet more or less to the centerline of South Delawar e Street; Thence South 12,5 feet; Thence West 163 feet more or less to the centerline of the alley between South Delaware S tre et and South Elati Street; Thence South along said centerline a distance of 167,5 feet more or less to the centerline of West Ithaca Avenue; Thence West along said Centerline of West Ithaca Avenue a distance of 1793 feet more or less to the centerline of South Jason Street; Thence North along said centerline of South Jason Street a distance of 460 feet more or l ess to the centerline of West Hampden Avenue also known as U.S. Highway 285; Thence West a distance of 350 feet more or less to the East right-of- way line of the A.T. & S, F, Railroad; Thence Northeasterly along said East right-of-way line a distance of 1156 feet more or less; Th ence East a distance of 2592 feet more or less to the centerline of South Bannock Street; Thence North 192 feet more or less along the centerline of South Bannock Street; Thence East a dist anc e of 163 feet more or less; Thence North a distance of 470 feet more or less to the centerline of West Eastman Avenue; Thence East a distance of 509 feet more or less to the true point of beginning. YES I~ NO OFFICIAL BALLOT FOR SPECIAL ELECTION HELD IN THE CITY OF ENGLEWOOD, COLORADO, ON SEPTEMBER 19, 1978. -10- (facsimile signature) Director of Finance Ex Officio City Clerk City of Englewood, Colorado • I • • • • • - Section 9. If the establishment of the proposed Downtown Development Authority is approved, an ad valorem tax not to exceed five (5) mills may be assessed, levi e d and collected by the Council of the City of Englewood , Colorado, for the use and benefit of the Authority in accordance with the pro- visions of Part 8 of Article 25 of Title 31, Colorado Revised Statutes 1973, as amended. Section 10. The votes cast at special elec tion shall be canvassed the returns thereof made, and the r esu lts thereof declared in the manner provided by law for the canvass, return and declar- ation of the r es ult of votes cast at regular Municipal election s for the City of Englewood, Colorado. Section 11. If a majority of the qualified electors of the District voting on the question set forth he reinbefore to be submitted at said special election vote for the establishment of the proposed Downtown Development Authority, the Council shall proceed forthwith by Ordinance to establish said Authority. Section 12. If any sectio n, paragraph, clause or provision of this Ordinance is judicially judged invalid or unenforceable, said judgment shall not affect, impair, or invalidate any of the remaining sections, paragraphs, clauses, or provisions of this Ordinance, the intention being that the various sections, paragraphs, clauses or provisions he~eof are severable. Introduced, read in full and passed on first reading the __ 1_7 ___ day of July, 1978. 1978. Published as a Bill for an Ordinance on July 19, MAYOR ATTEST: Ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the -11- • I • • • • • • -·-------- above and foregoing is a true, accurate and complete copy of the Bill for and Ordinance, introduced, read in full and passed on first reading on the day of July, 1978. Ex officio City Clerk-Treasurer -12- • I • • • • • • ---------- _,;L/JUZuL p t u) ~ hi 7, ;(/1'cf Englewood Public Schools 4101 SOU111 MNNOCK S IRUl n NGl EWOOO CO LOHADO 801 10 I l~ll PHONE 130317 6 1 105 0 ROSCOE L DAVIDSON. Supenntendent July 17, 1978 TO: FROM: Members of the City Council Board of Education SUBJECT: APPROVAL OF RECOMMENDED TRAFFIC SIGNAL CHANGES At the meeting of the Board of Education earlier this evening, formal action was taken approving the recommendations as defined in the attached memorandum of July 13, 197 8. Copies of ,this memorandum were delivered for City Council Study Session review this evening. Thank you for concurrence in this action as outlined by the School-City Joint Committee on July 12, 197 8. • I . • • • - -----~----------- Ei 4GU:. WOOD PUBL! C SC HOOL S I NTE RDEPARTMENTAL COMMUNI CArJON TO: Member s of the Board o f Education ~f~ FROM: Herbert R, Hosanna, Chairman, Scho o l-City J o int Con111ittee SUBJECT: Recofl11lended Traffic Signal 'Changes DATE: July 13, 1g7 3 At its meeting yesterday morning, the Sc hool-Cit y Joint Committee agreed upon the following recofl11lended changes in trilffi c s ignals and agreed that these proposals be submitted first to the Board of Education at its meeting on July 17, 1978 and later in the evening at th e City Council meeting. Upon approval of both the Board of Education a nd the Ci ty Council, th e City Department of Public Works will proceed with imrlementation of the rec om- mendations , Anticipated c ompletion time is aprr ·ox imately the first of September, although in some cases it may be n ccc\~ar y to delay implementa- tion because of difficul ty of acquirinq som t• nt·r·r~~ary f'qui pm c n L These changes are being rec.on•nc nd cd in co nn c< r.i o 11 1·11th the c lo s inq and cnn ~olidation of '>cf'ni c Vtew , l•l.t •.hill'lf o n, ''"" 11 1111< "" llt•lllf'rtf.ary ~.rt,q n J r,, il nd in keeping with c hMt <tin •J lt'dll ·11 . p;1tt er·,,., l·,il.lti n tlu· c ity. Re co fl11lendation s: L It is reconJnended that t he mid -b l oc!. (nJS">inq s ignal at Tejon and Bak e r be r emo ved. 2 . It is recommend ed that th e mi d-b lo c~ ·,·o·.s ing s i gna l at Dartmouth and Washin g ton be rentoved anu t hat a '''"~ fu ll siCJ nal be i nstalled at Clarkson and Dartmouth . 3 . It is recon•nen ded thdt the lt'Jffi c ~iq11.1i o.~t Loqan and ~t..-.nford be moved t o Logdn Jnd Tufh. It is tooted that rufts is d collector street and cart·ies more traffic tlld n S tanford. 4. It is recommended th at a mid-block 1 ru <.•,illrJ signa l bP in c,talled at Kenyon and Logan. It would be no •ct· ,.,·y to rl'<;trict parkinq a long both <.ide~ of I O'JJrl r,f.r ·cl~t ill l i t~· c r·n•,•,tii'J .tr 'l'd. lur tne r· c on sideration is bei ng given IJy t hco .lolf t t !OtlllltttrP to nt.lu•r t '('(Ofl~lll.'nd ation ~ Ill i11• lOII'.IliC t'l'ti Ill tti iiii PCI inti Wtlft olftt•r · fr •.tff 11 p.tll!'r'll '. t 1 ,,,. dea It with by '>eid cliiiH~t ·, I 'l/'1. HRH:bps IU~E T~r~ ~HEET TO DISCUSS ONE SUBJECT ONLY) • I • • • • ,. - CITY OF ENGLEWOOD PLANNING AND ZON ING COMMISSION June 13, 1978 I . CALL TO ORDER. The Special Meeting of the City Plannin g and Zoning Commission was called to order by Chairman Owen s at 7:05 P.M . Members present : Williams, Draper, McClintock, Owens, Parker, Pierson Wanush, Ex-officio Members absent: Tanguma, Lathrop, Smith Also present: Assistant Dir ector Romans Transportation Committee memb ers: Mrs . Kern, Messrs . McNamara, Becker, Nowacki II , FINDINGS OF FACT Santa Fe Annexation North and South - Zoning designation . Pierson moved: CASE #4-78 Parker seconded: To advance Item #3 on the agenda, the Findings o f Fact, for consideration at this time. AYES: Parker, Pierson, Williams, Draper, McClintock, Owens NAYS: None ABSENT : Smith, Tanguma, Lathrop The motion carried, Mr. Ow ens stated that the Findings of Fact pertaining to the Santa Fe Annexation Zoning were to be considered for approval. Williams moved : That the Planning Commission approve the Findings of Fact for Case #4-78, as written, and forward them to City Council. Mrs . Pierson questioned that Mr. Williams could make the adopting motion inasmuch as he was not in attendance at the Public Hearing? Di cussion ensued. Parker moved: Pierson second d: The Planning Commission ace pt the Findings of Fact for Case #4-78 as written, and that they b forwarded to the City Council . AYES: Owens, Parker, Pi rson, Williams, McClintock NAYS: None ABSTAIN: Draper ABSENT: Smith, Tanguma, Lathrop Th motion carried. • • D I • • • - -2- III , SUBDIVISION WAIVER J. W. & A. L. Reffe l, Owner A . L . Reffe l & D . J . Hynes, Own er Dennis Niernberg, Applicant CASE #4-78 Mr . Ow e ns noted that the applicant was not yet prese nt, and asked if t he Co mmis sion wanted to c onsider t he requ est for Subdivision Waiver at this time? Mrs . Pierson asked i f this matter was c ontr ov ers ial in any way? Mr . Parker asked if the applicant was a war e that the mat ter woul d b e considered this evening? Mr . Parker was assured that the applicant did know the matt er was on the agenda f o r this me eti n g . It was d e ter- mined that the Co mmi ssion might proceed with c onsideration of the request even though th e applicant was not present . Mrs , Romans indicated the area encompassed i n the request on maps th at were posted for the Co mmission . Mrs , Romans pointed out that t h e property owned by Mr. and Mrs. Reffe l and Mrs . Hynes is bounded by South Tejon Street on the west, by the draina geway on the north, by South Raritan Street on the east, and by Wes t Yale Avenue on the sou th . The site does have access to public streets on three sides o f the property. Mr. Reffel has a fo undry on the north portion o f the property, fronting on South Tej on Street, and storage on the east part of the site . The proposal is to divide the property and con- struct war eh ouse type struc tures on th south and west sides of the property, Mr . Re ffe l would retain ownership o f t h e larger site, identified on the plan as Lot 5, on which the f oundry is locat ed . Th e initial development would be on Lo t 1, and a warehouse i s pr oposed f or c onstruction on this Lot . Lots 2 , 3, and 4 woul d be developed in the f uture . Mrs. Romans stated that the draina ge p l an for the site was worked out with Director o f Engi ne erin g S ~rvi ces Diede . The prope rty slopes to the north, and an easement along the no rt h line of Lo ts 1, 2, and 3 is propo se d to carry the drainage to a draina ge ease- men t between Lo ts 4 and 5 and eventual l y into the greenbelt / drainageway. Once the develo pment has occurred, it will be required that this drainage eas ment be c ons tr uct ed of concrete, but initially a dirt V-di tch will be s uf ficient . There will b e a 22 foot easement between Lots 2 and 3 to provide access to the buildings on t ho se lo ts for fire equipment, and the Fire Department has approved this access . Irs. Romans stated that the staff has no problems with the division of th land as is proposed . Th e staff does recommend that the r quested subdivision wai v er be approved. Mr . Owens noted t hat Mr. Niernberg, applicant, had entered the meeting during Mrs . Romans' presentation . He asked Mr. Niernber g if he had anything furt h er to a dd . Mr . Niernberg stated that he did not . • I • ( • • • • -3- Pierso n mov ed: McClintock seconded : The Planning Commissio n approve the Subdivision Waiver as req u es ted by Mr. Dennis Niernberg on behalf of Mr . and Mrs . Reffe l. This approval is given for the following reasons , and is base d on t h e foll owing c o nditions: l . No substantial benef its would be gai n ed by the publ ic from requiring a Subdivision Plat to be prepared, approved and filed for the subject property, 1 nasmuch as access is avai l- a ble and provision for necessary utility and drainage ease -ments has been ma de . 2. Conditions for approval of the request for a waiv er as set forth in §l2-3-3 (b)(l) of the Eng lewood Municipal Co de have been agr eed upon by the developer and include the fo llowing: (a) Drai nage routes and easements are to be shown on the surv y . A cross-sec tion drawing of the c oncrete drainage ditch to be constructed on Lot l wi ll be required prior to development on that Lot. A dirt drainage V-ditch wi ll be provided to carry off excess drainage into a cu lver t col- l ector on the north property line until the remaini n g lots are developed. The culvert collector will be constructed so as to drain into the Greenbelt Drainageway. (b) Existing monuments and property pins must be set in the field by the surveyor, and must be shown and identified for the ou ter boundaries . (c) The s urv ey is to be 111 an acceptable lorm f o r recording with the Arapahoe County Cl rk and Recorder . An Eng ineer 's seal and signature with surveyor's statement, map sca l e, north arrow and title of the parcel division plan are re- quired . Three document s will be recorded . The survey , the attached Waiver Resolution as approv d and a plan showing th division of the property into parcels. (d) As the property is developed, landscap d ar as around each building will be typical oi that shown on th d velop-ment plan lor Lot l. 3 . The propos d div1s1on would permit developm nt compat ible with the development 1n the• surrounding area and with the generali zed Land Us(• SN:t1on of the Comprehens1ve Plan. AYES : Pierson, W1lliam, Draper, i\lcC lintock, Owns, Parker NAYS: None ABSEN T: Smith, Tanguma , L throp Th motion carr1'<1. • r 0 I • • - -4- IV. COMPREHENSI VE PLAN Transportation Review Co mmi ttee , • • - Mr. Ow ens sta te d that Mr. Lathrop is out o f town, a nd that the Transpor tation Review Committee is the committee which Mr. Lathrop had c haired during the duration of t h e assignment. Mr. Ow e ns asked that people around the tabl e introduce them- selves, and th e n sta te d that the previous Re vi e w Committees had e l ecte d a "spokesman" for the presentation of their report to the Commission. Mr . Owens pointed out that memb ers o f the Commi ssion and the committee have had the r epo rt f or s everal days, and that a review of the "high-lights" would be suf f i cient , Mr . Joe Mc Namara stated that he had been e l ected as s pokesman f or the Transportation Re vi ew Committee, and handed to members of the Commi ssion and c ommitt ee a summ ary o f the "recommendations " that had b een prepared by Larr y owacki . Mr . Tanguma entered l:he meeting a nd took his chair with the Commission. Mr . McNamara stated that he felt the basic points o f the report c ould be lis t d as those pertainin g t o the Reg ional Transporta- tion Distr ic t, walkways and bicycle-ways, U.S. 285, Sa nta Fe Drive, overall issu es pertaini n g t o En g l e wood such as Floyd Avenu e, Cindere lla City , safet y reg ula tions on the r ai lroads, South Cherokee Street, noise and air pollution control . Mr. McNamara stated that an overa ll consideration of the c ommittee was to explore ways to minimize pollution and to c onserve energy . The commi ttee does, th refore, recomm end t ha t the City take a f l ex ible approa ch to the transportation probl e m. There should be active support f o r the Reg ional Tra nsportation Dist r ict, in- cl udi ng the proposed Transit Center for downtown Englewood. The committee feels that plans for the Transit Center should include provision f or a shuttle service and a landscaped walk- way --possibly alo n g Girard Avenue --to link Broadway with Cinderel l a City . Mr . McNamara discussed the matter of route restructuring by the RTD , He noted that this is an on-g oing process, and thal citizen input is n ee ded . The committee does recommend that with the new r ou ting system, the b uses be diverted from U.S . 285 to East Hampden Avenue between South La fayette Street and South Ac om a Street; this is recomm ended in an effort to provide bus service to the Swedish/Craig Medical campus, and to the oth er d e veloping areas a long Hampden Avenue . The c ommittee also suggests that the bus stops be "inset" in an effort to ca us e as lit t l e disruption as possible to the traffic flow along East Hampde n Avenue . Mr . McNa ma ra stated that the committee recognized the possib l e necessity t o limit parking to one si de on East Hampden Avenue until sufficient widening to accommoda te both on-street parking and bus traffic can be accomplished . Mr. McNamara stated that the committee recomm nde d that there be increased pass n ger service to schools, shoppers, mploy es, etc. It wa s also suggested that the pr ese nt circulator route be xtend d from East Quincy Avenu and South Logan Street • ) I • • • - -5 - north on Logan to East Bates Avenu , west on Bates to South Cherokee Street, and south on Chrrokce to the Transit Center. In an effort to improve the service to the southwest portion of the City, th local circulator should be routed on South Fox Street south of U.S. 285, rather than on South Ch rokee Street as is now proposed. Mr. Tanguma questioned the basis .for the ex tended service recom- mendation ; he asked ii a surv0y was done. He noted that the circulator bus that he Ir qucntly sees on South Huron Street is usually pretty empty Mr. McNamara stated that a survey was done, and consideration was given to improved serv i ce for the over-all city, and not to one particular area . The com- mittee felt that the northwest and northeast ar as of the City would be somewhat isolated if the circulator system was not extended . Mr. McNamara statrd ha RTD docs not have enough bus es available for the extension ol the circulator rout now, but when the buses ar a~ailahle, th~ rout s should he extended to s rve more people. Discussion nsucd. Mr Reck r noted that RTD changes th0 rout ng p<.•riod<cally He noted that on the proposed grid systPm, no c~rculator buses \\er proposed on the cast side of South Broadway; in lact, th~ only circulator route proposed was between Cind rclla City and Little ton, which would have eliminated all partR of Englewood but for the south - west section . The Committee lcl that th re should be additional circulator routes, and that thr routes should b retained for a l onger period of lime. Mr. McNamara stated that the committee rE>commC'nds that RTD up- grade service at every opportunitv; tins would include the im- provement of and keeping to schedules, speeding up transfers, lowering and or eliminating la ·es at peak hours as well as off- hours, scheduling shoppel's sp<•<.aa 1:::;, and pro vi ding more fre quent and expanded local and xpress routes. Mr. McNamara stated that in considering th transportation needs that are not hc>ing provid c! by tile bus serv ice, it was determined hy the commilttr hat the City oi Englewood should acquire a 10-pass n cr bu to St•rvP as a s cond senior surr y. Mr. McNamara stat d that tht possilnlity ol a iix d-rail ystem on South Sautn r Driu was con dercd, . nd thnt the committe f lt this should not be o 'f'rloo' Pd. :Federal funding should be obtained wh 1"1' J,ossibl•, il thi proposal is adopted The Transportation Committc>l' ncommends thJt the City giv serious consideration I o df' ig11.1 tiou and construction of walk- ways 'bikeways as au al crnativc modf' of transportation to wor k and shopp~ng a.· W• 11 a Jar pl a ·ure. Mt. Tanguma asked if the committ•c had consldPrcd \\here the bicycle trails might be put in Englf''WOod? Jr. lC' ·.mara stated that thL• committee felt that it was tlu u· r. pou ilnlit • to makt• an "overall general statement", rnther than o giv• l,•cific areas \\lwr bicycle paths mirht b ct~vl'lop d . 11·. 0 n stat •d that he would agree with Mr. lc.'amara: th lo ·, t1on oJ su h things as bicycle trail a th commit t0 as ignmcnt. • I • • • • -6- Mr. McNamara stated that U.S. 285 has become a major traffic obstacl e since the ope ning of Cind ere lla City, and is now carrying an average of 40,000 vehicles per day . The committee felt that the most realistic solution would be to create a one-way couplet on U.S. 285 and Ithaca Avenue between South Santa Fe Drive and South Broadway . The c ommi ttee is c o gnizant that the interchanges at South Santa Fe and South Broadway will have to be redesigned to accommodate this one-way couplet, but it was felt the magnitude of the problem on U.S. 285 does warrant the c oupl et and redesigned interchanges . Mr . McNamara noted that at the present time, U .S . 285 is designated as a ''freeway"; due to the extensive development and many access points along this route, it cannot and does not serve as a limited access facility . It is recommended that the Regional Highway Plan be amended to designate U.S . 285 through Engle- wood as a "major arterial". The change of designation on U.S . 285 was discussed, and Mr . Wanush questioned whether there was support for such a change in designation from other j urisdi ctions as Sheridan and Cherry Hills Village , Mr . McNamara stated that he felt this does have some support from adjoining jurisdictions. Mr. McNamara stated that the committee members recommended a north/south one-way couplet along South Santa Fe Drive in addi - tion to the east /west couplet on U .S . 285 and West Ithaca Avenue. I t was felt that this would provide better circulation of traffic, Mr . McNamara noted that it was not felt that the Santa Fe coupl et would lower traffic volume on Broadway, but would help move the traffic mor e efficiently . Mr. Bill Gunesch entered the meeting, and took his place with the Transportation Committee members . Mr. McNamara stated that the Transportation Committee has advoca ted the extension of West Floyd Avenue to South Zuni Street ; this would provide an alternative route for local traffic to Cinderella City and the Englewood CBD, as well as open up development on the west side of the South Platte River, Mr. McNamara stated that the Transportation Committee feels there is need for immediate conside ration on the matter of railroad crossings and access to South San•a Fe Driv across the tracks . Adequate warning signals should b provided, left-turns onto South Santa Fe Drive from th east should be prohibited where there are no traffic controls, and if this is not possible, streets such as West Kenyon Avenue and West Tufts Avenue should be closed at their intersection with South Santa Fe Drive until they are controlled . Mr . Ow ns inquired wh re the traffic that uses these two inter- sections would go if the intersections were closed at Santa Fe? He asked if there were any traffic counts on the volume of traffic at th se two intersections? Mrs , Romans stated that she did not have current counts taken by tho City . Mr. Tanguma stated that the situation at Tufts will be improved with the • ) I • • • • .. • installation of the lights, and asked when these lights would be operational? Di scussion ensu ed . -7 - The installation of signals on South Santa Fe Drive was dis- cussed . Mrs. Romans pointed out that the number of signa l s ins talled along South Santa Fe Drive will diminish the traff ic volume that Santa Fe Drive will carry . Mr . Becker dis cussed safety precautions at the Kenyon and Tufts intersections with the railroad tracks. He noted that at Tufts, there is an "arm" that comes down on t h e ''south- bound track", but there is no protection installed o n the "northbound track". He stated that he i e lt this makes for a mor e dang erous situation because both tracks are not pro- tected. He stated that the committee took this into accoun t in making the recommendatio n for either full protecti o n or the closing of those two intersections He pointed out that the Master Street Plan recommends a maJor intercha nge at Oxford and Qu incy Avenue, and felt that traffic fro m Tufts and K nyon intersec t ions would be diverted south to the Oxford and Quincy intersections . Mr. McNamara stated that th committee felt that an intercha n ge and grade separation should be provided, or the possibility of lowering the tracks should be considered ; this would apply to all intersections with th rai lroad tracks . Mr . McNa ma ra then discu sed the traffic volume on South Broadway. In an effort to alleviate some of t he volum of traff ic on Broadway, the committee re<'ommends that South Cherokee Street and Sou th Banno ck Str et be developed as a one-way couplet f rom Yale Avenue to Quincy Avenue . The committee did not recom- me nd the extension of the m dian plan ers from Floyd Avenue north to Yale Avenue . Mr. McNamara stated that th committee fe lt that the extension of the plant•rs •ould cause disruption to the traffic flo• and bus1nesses b requiring a widening of the street, passing traffic would be too close to the pedestrian and that it would be difficult t o mainta1n the cent r planters . The committe f lt that beautification efforts could occur ef- fectiv ly on each side of Broadw v in its present onfiguration . This would requir• coop ration between the City and the business-men involved. Mr. McNamara discussed the ne d to redesign the Floyd Avenue- South Broadway intersection to accommodate buses turning west onto Floyd Avenu . He noted that th long-term so lution to improv ment of traffi c flow at this 1ntersection is ~e realign- m nt of Floyd Avenue straight across Broadway to eliminate the off-set that xi ts , Discussion ensue d . Mr. McNamara and Mr . B cker pointed out that this recommendation may in part depend on whether RTD maintains the routing o1 the buses on West Floyd A v nu and the locatio n of the Transit C •n ter • I • • -• • - -8- Mr. Parker asked if the members of the Transportation Committee knew how much of the proposed block the Transit Center would take? Mr. McNamara stated that the plans he has seen show the transit center on 1 /2 of the block, and private development on the remainder. Discussion ensued as to the type of private development that might occur with the development of the Transit Center . Mr. Parker stated that he had envisioned a four or five story parking structure in conjunction with the Transit Center. Mr . Wanush stated that he did not feel the City would accept a Park'n'Ride facility on that location ; he would not recommend that the City accept such a development on this site, Mr. Wanush pointed out that this site is in the CBD, and is too valuable to be used for a Park'n'Ride facility , Mr. McNamara stated that the mmmi ttee recommends that the traffic signals throughout the City be better synchronized to facilitate the movement of traffic . Future changes recommended by the committee were a Mixed Use Zone District for the strip commercial and downtown areas. It is recommended that high density residential use be per- mitted in the downtown business district, and these structures should be locate~ close to the present transportation routes . The Transportation Committee also recommended that an on-going air pollution control committee should be created to explore all possibilities of controlling air pollution and to garner support from schools, clubs, citizens and business and govern- menta l agencies. It is also suggested that this committee could explore possible ways to control the noise pollution at the local level, and insist on enforcement of the existing oise Control Ordinance . Mr. McNamara stated that other sug- gestions included for future consideration, include the possi- bility o f staggered work-hours, block shopping, support of a permanent car pool center with phone service to match rides to riders . The control of auto emissions by using trained officers to help in detection should be implemented, and establishing a local center to test auto emissions is a long-range recommenda-tion , Mr , Tanguma questioned llie need to implement staggered work- hours ; are there enough large businesses in Englewood dis- missing employees at one time to cause traffic and pollution problems? Mr . McNamara pointed out that this is a long-term recommendation. He stated that he felt this possible solution may well be required of all businesses throughout the Denver Metro area, and that people in Englewood should be ready to accept it , Mr . McNamara pointed out that aesthetics are important to the quality of life , He stated that it is important that alternate modes of transportation be explored and implemented. Mr . McNamara cited the oil crises of the recent past, and referred to the "brown cloud" of air pollution , The oil crises could happen again, and motorists will have to find some alternate to the private vehicles. Air pollution is b coming increasingly worse, • ) I • • • - -9- and some method to combat this must be impl mente d. Mr . McNamara stated that the committee is urg~ng long -range planning as well as immediate transportat~on needs in their report. Mr . Wanush noted that many options for dea l ing with th e t ransporta- tion needs are e lim inated because Eng l e wood is "bui l t up". He questioned the rational e for the recommended Bannock/Ch e rokee one-way c ou p l et. Mrs . Kern stated that the committee felt that the one-way traffic moves all right on South Bannock Street, and by putting on e -way traffic on South Cherokee Street , it mi ght help relieve congestion on South Broadway , Dis c ussion ensued , Mr . Becker noted that the dlrection of the one-way traffic on South Bannock Street would have to be re v erse d: Sout h Cherokee Street would be one-way southbound, and South Bannock Street would be one -way northbound. Mr . Wa nush questioned the im pact the one-way street would have on the residentia l neighborhood along Chcrok c. Mr. Wanush suggeste d that perhaps citizens should accept the "s lower traffic" on a congested street rather than impact another street. Mr . Nowacki stated that there has b n concern over the continuity of north /s outh str~.> ts. lie noted that th re are not many streets west of South Broadway that do have norlh ;south continuity . Mr . Dr aper asked if there arc plans to widen East Hampden Avenue? ) Mr . McNa ma r a stated that tiler are not at the present t ime. He stated that it will be necessary to do so if parking is al lowed on both sides in addition to bus traffic. Mr . Draper noted t hat some of this propert y along Ham!dE>n Avenue docs not have sufficient o ff -street parking, and that it's hard to tax property on c om- mercia l rates with no parking in front . Mr . Me amara stated that the committee is aware of this, but they felt it was better to recommend the bus traffic be placed on Hampden Avenue rather than impact a resid ntial street such as G~rard Avenue with the bus traffic . Mrs . Pierson stated that the theme of ''it's time to clan up our act" has carried throughout the Review Committe reports, and many reports have emphas~7ed very similar ne ds Mrs. Pierson question d the n ed to designate Hampden venu , Girard Av nue and Floyd venue as "collectors" Sh qu stioned the need for three over-pass es on Santa Fe within a lour-block ar a . Sh asked why Floyd Avenue \las emphasir d wh n Dnrtmouth Avenue is designated as an arteria l? lr. M amara stated that the committee felt Floyd Avenue would provid b tt r access to the downtown area and Cindel'ella City ii it w re improv d a nd extended west of Santa F Driv , and w r d signated as a "collector". Mrs. Kern pointed out that th committe discussed the possibility of Floyd Avenue x tending "und r" th railroad tracks, which would not be such a ''major xp nse." Mr . Wanush not d that the xtension of Floyd venu n recomm nded by th Planning Commission sevC'ral tim s in th Stat Highway Work Program proj cts, and that City Counc~l liminat this recommendation before it go s to Arapaho County. lr. owacki pointed out that the Commit tee hnd d~scuss d th lact that if Floyd Av nue is to b improv d and ext nd d, it hould be don • I • -• • - -10- in conjunction with the improvements planned on South Santa Fe Drive . Mrs. Pierson stated that she would rather see the funds spent f or a grade separation at the Dartmouth Avenue/ Railroad tracks /South Santa Fe Drive intersection , Mr. Wanush pointed out that improvement of Floyd Avenue would relieve traffic from goi n g through a residential area on Dartmouth Avenue , He noted that Floyd Avenue would serve as a "boundary" for the commercial area , Discussion ensued . Mr. McNamara stated that one of the things the committee tried to do was "rock the boat", and make people think about trans- portation needs and improvements whether or not they are cost- effective at the present time, or should be delayed. He pointed out that these items recommended by the committee are all im- portant items, and should be considered. Mr. Williams commended the members of the Transportation Com- mittee for their work on this project. Mr . Owens thanked Mr. McNamara for his excellent presentation. Mrs. Romans stated that she had worked with the committee, and wished to thank Mrs. Kern for her efforts as secretary to the committee. Mr. Owens asked Mrs. Kern if she wished to discuss her "minority" report relative to the Santa Fe couplet? Mrs . Kern stated that she fe lt she had stated her position in the written report, and had nothing further to add, Mr. Parker stated that he felt it was interesting that most of the c ommittee reports presented to the Commission have recom- mended the establishment of a "mixed-use " district. Mr. Nowacki stated that he fe l t some of the sections on the Santa Fe couplet might be confusing, and stated that he had brought along some photos if anyone wished to go over them , Mr. Ow e ns noted that the Transportation Committee presentation concluded the reports of the Review Committees . Discussion of the RTD system ensued, touching on problems of vandalism, courtesy o f the drivers and improvements that should be made to accommodate the elderly and handicapped, Mr . Owens declared a recess of the Commission at 8 :15P.M. The Commission reconvened, and the roll was called. PRESENT: ABSENT: McClintock, Owens, Parker, Pierson, Tanguma, Smith, Williams, Lathrop • Draper I • • • • • -11- V. SWEDISH MEDICAL CENfER Mr . Owens stated he was interested in the comments and opi n io~s members of the Commission mi ght have following the meet ing with representatives of Swedish Medical Center on May 20th , Mrs. Pierson stated that she felt the administration of Swedish Medical Center is very far-sighted, and sh e would wish the City could be as aggressive and thoughtful in our p lanning. Mrs. Pierson stated t hat the administration and Board of Directors of Swed ish Medical Center are willing to invest dollars in the future. Mr. McClintock stated that it was interesting to note that the plans that are made by the Medical Center are execu ted , It was noted that the Medical Center is not a political body, and does not h ave to "fight the political scene", and can, therefore, g et their plans into effect. Mr . Wanush pointed ou t that Englewood has accomplished a great deal, and pointed to the construction of the Simon Center, the Malley Recreation Center, the Waste Water Treat ment Plant, and the Drainage System, which ar e all built or arc nearly completed . He acknowledged that ther are many projects that have not been f unded and may not be, but he mphasized that there has been great progress in the City. Mr. Draper stated that he felt one of the outstanding features of the Medical complex is the coop ration between Swedish, Porter and Craig Rehabilitation hospitals. Mr. Owens acknowledged that cooperation to the extent shown by these three medical facilities is pretty rare, and pointed out the duplication of services and facilities that is the usual case is pr tty well eliminated by this cooper ation. Mrs . Pierson stated that she felt one problem with this medical campus development is the multitude of parking lots surrounding the campus . She noted that these parking lots have resulted in "miles" oi asphalt. She noted that on evcral occasions the ex- pense of constructing parking structures ha b en discussed. Mrs . Pierson stated that she would lik to explore the po sibility of working out a trade with Swedish --that perhaps the City could work out th financing and construct a parking structure, and trade t his structure for s om of th parking lots that Swedish has now. Mrs. Pierson stat d that th land that is now being used for parking lots could then b turned into a park or used for the community center . Mr. Owens stated that h personally was very concerned about the amount of parking lots fuat arc developing around the medical center; he stated that his concern is not so much that residential property is b ing lost to the parking lots, bu that valuable land that could b e used for a higher and b tter us is being taken for th se parking lots . Discussion ensued . Mrs. Pierson pointed out that if a parking structur w r local d on South Clarkson Stre t at approximat ly llampd n Av nu , it could serv several institutions; staff and visitors to both hospitals could make • ) I • -• • - -12- use o f it. Mr. Owens poin ted ou t that other hospitals have built parking structures ; he note d that some of this parking is paid , but h e fe lt there is a definite nee d for a parking structure to s er v e the medical facilities of Englewood . Mrs. Pi erson suggested that a subcommi ttee o f the Commission be appoin ted to discuss this proposal with o ff icials o f the medical center . Mr. Owens suggested that rather than appoint a subcommittee that this matter be put on the agenda of the Commission in the near f utur e, and invi te the representatives o f Swedish Medical Ce nter to mee t with the Commission . Dis- cussion e n s u ed. Mr. Ow e ns stated that he fe lt the Co mmission should take t h e init ia tive, and suggested that a letter be s e nt to the administration at Swedish Medical Center thanking them for al lowing t h e Commission to me et with them on May 20th, and asking them when it would b e convenient for the Planning Commission t o meet with them again. Mr. Owens stated that it might be pointed out that possibly there could be benefits to both the City and Swedish, but that communication is needed on some proposal s . Mr. McClintock stated that if something could be worked o ut on t he parking, it would be a good idea . He point ed out that t he reason the hotel T. W. Anderson pro- posed to construct fell through was because of the parking situation. Mr. Wanush cautioned that the Commission approach this as a "plan", and advise Swedish Medical Center representatives that any idea will still have to be approved by the City Council . He stated that they shou l d be very aware that the Planning Commission is onl y advisory, and that the City Council is the decision-making body. Further discussion e nsued. Mr. Ow ens suggested that the letter to Swedish representatives might point out the fact that the Planning Commission does not have legislative pow ers, but can mak e recommendations to th e City Co uncil. Mr. Ow ens stated that he would like to see the Commission meet mo re often with the School Board, and with representatives fro m Swedish Medical Center. He noted that everything these two bodies do affects the community. VI. COMMISSION ATTENDANCE RECORD. Mr . Owens stated that the Commission has been having s om e problems with attendance. He referred to the meeting of June 6th at which time there were app licants present but the Co m- mission did not have a quorum present, and noted that it is very e mbaras sing to have items on the agenda which cannot be handled because of lack of quorum . Mr. Draper asked if the by-laws could be a mended to state that those "present would be a quorum", rather than statin g a specific number must be pr sent? • r I • • ( • • • - -13- Mr. Owens st n ted thJt consideration has been give n to setting attendance standards ; if so many meetings are missed, the in- dividual would b e subject to removal from the position of Com- missioner. Mr. Ow e ns stated that one of the problems mi ght be a communications probl e m from the time the City Hall switch- board closes at 5:00P.M . until the me et ing time of 7:00P .M., and that sometimes an individual finds that they cannot be present at the last minute . He advised that members o f the commission could call him at home if this is the case . Dis- cussion ensued. Mrs . Pierson questioned the c omposition of the Commission, and questioned the need for two City Council- men on the Commission. Mr . Parker pointed ou t that the Water and Sewer Board has three City Council representatives on it, and questioned that this was advisable. Discussion ensued . Mr . Tanguma stated that to change this representation would require a change of the Charter, thus requiring a vote of the people . Mr. Owens handed members a copy of a Calendar of Events for the Planning Commission. He noted that the me eting scheduled for July 22nd, is a Transit Center Workshop set for a Saturday. He noted that Mr. Tanguma had represented th e Commission at the RTD Workshop of June lO th . Mrs. Pierson stated that she enj oyed the meeting/work sessions in the "ro und-tabl e" setup, and asked if mor e meetings could be conducted this way . She acknowledged that the more for mal meetings such as public h arings should probably be conducted in the City Council Chambers Mrs. Pierson stated that the compilation of the Comprehensive Plan Review Committee reports is facing the Commission. She questioned the possibility of the Commission setting aside a Saturday to work exclusively on the compilation of these re- ports. Mr . Tanguma agreed that this should be done . Dis- cussion ensued. It was determined that the Commission would attempt to me et after lunch--approximat e ly 2:00P .M., and work through the afternoon, dinner and evening if necessary to compile these reports . June 28th was the date suggested, and Mrs. Romans was asked to s e if she could reserv the Cha mber of Commerce meeting room for this s ssion . Mr. W.1nush reported on the Jun 12th City Council me eting wi 1h the downtown businessmen. Thes e people recommended to City Council that a Downtown Development Authority be formed . This Authority would be created upon action of City Council, but an election must be held within the district which is to comprise the "downtown" area , Mr, Wanush r ported that the City Council was very favorable to this r commendation fro m the Downtown Businessmen, and will consider an ordinance calling for the creation o1 a Downtown Developm nt Authority. This Authority would have the ability to s t .5 mill levy on properties within this district , Th Authority would also have the power to buy and sell property and to build facilities , Mr. Wanush stated that all de<elopment proposals would have to come to the Planning Commission and City Council for final approval. Mr . Wanush • I • • • - -14- stated that the Downtown Development Authority would have a Board of Directors of from five to eleven members appointed by the City Council . Mrs . Pierson asked the boundaries of the Downtown Development Authority jurisdiction? Mr. Wanush stated that the boundaries are, roughly, City limits on the west, Floyd Avenue on the north, South Sherman on the east, and Kenyon Avenue on the south . Mr. Wanush stated that the staff would suggest that the boundary be extended to Eastman Avenue at South Broadway . Mr . Wanush stated that City Council also asked that the members of the downtown businessmen's group and members of the Downtown Review Committee form an ad hoc committee to work on the definite boundaries, the proposed special election, etc. This ad hoc committee would have to report back to City Council be- fore the City Council passes the ordinance creating the Authority. Property owners and lease holders within the district would have a vote in the special election. Discussion on the term "lease holder" ensued. Mr. Wanush stated that the election would have to follow the procedure set forth in the State Statutes, and people who register to vote will have to prove that they meet the conditions set up for the election. Mr . Parker discussed the condition of structures on the site at South Clarkson Street and U.S. 285, which site was approved for a Planned Development to be known as Halcyon Heights II. He asked if there was some way the property owner could be f orced to remove the buildings that are in poor repair and present a hazard to the neighborhood? Mr. Wanush stated that it is a matter of going through the proper procedure, and noted that it took more than two years to get one building demolished by going through this system. Mr. Parker cited a couple of houses he owned several years ago that he did not want to rent, but just wanted to board up ; the Board o f Adjust- ment gave him six weeks to renovate those structures so that they were livable, or to remove them. Mr. 'll'anush stated that the approach the last couple of years is that the Court must order the renovation or demolition of a structure , Mr. Parker r iterated that these houses are a hazard ; neighborhood c hildren are playing around them, and refuse has built up on th lo ts . He stated that he felt this is a health and safety hazard . Discussion ensued , The meeting adjourned at 9:15P.M. • I • • • • • • -15- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANN ING AND ZONING COMMISSION . DA TE : June 13 , 1978 SUBJECT: Findings of Fact RECOMMENDATION: Parker moved: Pierson seconded : The Planning Commission accept the Findings of Fact for Case #4-78 as written, and that they be forwar ded to the City Council. AYES : Owens, Parker , Pierson, Williams, McClintock NAYS: None ABSTAIN: Draper ABSENT: Smith, Tanguma, Lathrop The motion carried. By Order of the City Planning and Zoning Commission . • I • • • • • .. .. CITY PLANNING AND ZONING CO&~IISSION ENGLEWOOD, 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 ) 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 rev i ew o f evidence taken in the form o f testimony, presentations, reports and fil e d documents, the City Planning and Zoning Commission makes the f ollowing Findings of Fact: 1. That petitions have been received by the City Council requesti n g the annexation o f the subject property to the City of Englewood, and said petitions are being con- sidered by the Counci l members . 2. That the zoning of this area was initiated by the City pursuant t o Sections 22 .1-5 and 22.1-7 of the Comprehensive Zoning Ordin ance, which sections require land annexed to the City to be zoned within 120• days of the effective date 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 annexed to a municipality to be zoned within 90 days. • I • • • • • 3 , That notice of the Public Hearing to z one the subject area wa s given by posting the property and by publication in the official City newspaper, the Englewood Her a ld S entinel . -2- 4 , That the land which is the subject of this Hearing is in two parcels whi ~h a r e described as follows: Parcel A: (Annexation South) That part of the NW 1 /4 of S ect ion 9, Township 5 South, Range 68 West, of the 6th P .M. County o f Arapah o e, State of Colorado, described as f ollow s: Beginning at t he NE corner of the NW l /4 of said Section 9; Th ence West 62.1• to a point on the D & R.G. R.R., also known as the City Limits o f Eng l ewood ; Thence South 11 °43• West along said West R.o.w . a distance of 1346 .2' to a point on the South line o f the N 1 /2 of the NW 1 /4 of said Section 9 ; Thence continuing SWLY along said West R .o .w. line a distance o f 565.79' more or l ess to a point on the City Limits of Engl ew ood which is the True Point of Beginning ; The nce North 56 ° West along said City Limits a distance of 108.07'; Thence North 84 °59• West a distance of 508 .1 9'; Thence South 10 °47' West a dist ance of 507 .65' to the North R.o.w. line of West Union Avenue ; Thence North 87 °53 ' West along sa id North R.O.W. line a distance of 204 .3•; Thence South 82 °55' West a distance o f 277.18'; Thenc e Nor t h 9 °05' East a dis t anc e of 200'; Thence North 80 °55• West a dis tance of 180'; Thence Nor th 9 °05 ' East 76 .57'; Thence South 80 °55' Eas t a distance of 180'; Thence North 9 °05' East a di stance o.f 6 47 ,5' mo re o r less to North line o f th e pro perty d escribed in Book 510, Page 81, County o f Arapahoe, State of Colorado; Thence South 89 °26' East along said North property line a distance ~ 501,12'; T hence South 89 °21' Eas t a distance of 521 ,35' more or less t o a point on the West R.o.w. l i ne of u .s. Highway 85 ; Thence North 11 °43• along said West R.O.W. line a distance of 42' mor e or less ; Thence West along the South property line of a parcel described in Book 1576, Page 554, County of Arapahoe, State o f Colorado, a distance of 565.05' to th SW corner of said parcel; Thence North along West line of said parcel a distance of 343.9• to the NW corner of said parcel ; Thence East a distance of 382.53•; Thenc North 158,1'; Thence East 8 •; Thence North a distance of 156.9'; Thence East a distance of 327,52• to a point on the West R .O.W , line of the D & R.G . R .R .; T h ence SWLY along said R.O.W. line a distance of 1210 .1' mo re or less to the True Point of Beginning; Said t.ract of land c ont aining 24 ,260 acres more or less . Parcel B: (Annexation North) That part of the NW l /4 of Section 9, To wn ship 5 South, Range 68 West, of the 6th P.M., County of Arapahoe, State of Colorado, Described as follows : • I • • • - -3- Beginning at the NE corner of said NW l /4 o f Section 9 ; Thence West 62.1' to the West R.O.W. line of 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 Englewooo, a distance of 337.22' to a point on the South line of theN l /2 N l /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 l /4 ~ 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 z oned 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, Light Industrial Zone District would be the most appropriate zone classification to be applied to the subject property . 7 . The 1-1, Light Industrial, Zone District would be an extension of the zoning applied to the contiguous land within the City of Englewood and would be compatible with the Generalized Land Use section of the Comprehensive Plan . CONCLUSIONS was given; l . That proper notice of the Public Hearing 2 . Th e location of the land and the existing development conforms to the I-1, Light Industrial Zone classi- fication, and would be an extension o f 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 1-1 Zone District will complement the Ge neralized 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 z oning 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 t he recomm endation of the City Planning and Zoning Commission to the City Counci l, that the above described property which is the subj ect of petitions requesting annexation to the City of Englewood, Colorado, be z oned I-1, Light Industrial, within the given time limi t following annexation. Upon the vote on a motion made at a meeting of the City Planning and Zoning Commi s sion on May 16, 1978 : Those members voting in fa vor of the motion : Mr. Draper, Mr. Lathrop, Mr . McClintock, Mr . Owens, Mr. Parker, Ms. Pierson, and Mr. Tang uma . Thos e members oppose d t o the motion : Non e Those memb ers absent: Mr. Smith and Mr . Williams. OF THE CITY PLANNING COMMISSIO N. • I . • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMIS SION June 20, 1978 I. CALL TO ORDER . The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P.M. by Cha irman Larry Owens. Members present: Parker, Tanguma, Draper, Lathrop, Owens Wanush, Ex-officio Members absent: Pierson, Smith , Williams, McClintock Also present: Assistant Director D. A. Romans II . APPROVAL OF MINUTES. Mr. Ow ens stated that Minutes of May 16, May 23, May 30, and June 6 were to be considered for approval . He asked the pleasure of the Commission on this matter? Parker moved: Lathrop seconded : The Minutes of May 16, 1978, be approved as written. AYES: Tanguma, Draper, Lathrop, Owens, Parker NAYS: None ABSENT: Smith, Williams, McClintock, Pierson The motion carried. Parker moved : Tanguma seconded: The Minutes o f lay 23, 1978, be approved as written . AYES: Tanguma, Draper , Lathrop, Owens, Parker NAYS: None ABSENT: Pierson, Smith, Williams, McClintock The motion carried . Parker moved: Draper seconded: Th Minutes of May 30, 1978, be amend d to reflect that Mr . Lathrop was present . AYES: Tang uma, Draper, Lathrop, Owens, Parker NAYS: None ABSENT: Smith, Williams, McClintock, Pierson The motion carried . Tanguma moved: Drap r second d: The Minutes of June 6, 1978, be approv d as written. • I • • • • • -2- Mrs .Pierson entered and took her place with the Commission. AYES: Tanguma, Draper, Owens, Parker, Pierson NAYS : None ABSTAIN: Lathrop ABSENT: Will iams, McClintock, Smith The motion carried. III. STREET VACATION South Acoma Street north of West Jefferson Avenue . Mr. Owens asked for the staff presentation . CASE #6-78 Mrs. Romans stated that the City has received a request for vacation of a portion of South Acoma Street from Mr. and Mrs . William Davis, Glennallen, Alaska. The portion of South Acoma Street encompassed in the request is a 60 foot right-o f -way extending approximately 75 feet north of West Jefferson Avenue, and it was used as part o f the U.S. 285/Broadway interchange when it was first constructed. Mr. and Mrs. Davis own the property on both the east and west sides of this right -o f- way. When Mr. and Mrs. Davis purchased the property, they had indicated that it was their intention to live in the house on the west portion of the property, which house is now used as an office bui~ding, Mr, and Mrs. Davis have apparently had a change of plans and now feel that the property will probably be sold, If this portion of right -o f-way were to be vacated, the property could be offered as one parcel. Mrs. Romans stated that the request was referred to all city depar tments and the utility companies . Public Works Director Waggoner had discussed the matt er with the State Highway De- partment and questioned the advisability of vacating this right-of-way when it may be necessary f or modification of the Broadway /U.S . 285 interchange to accommodate the U.S. 285- lthaca Avenue one-way couplet. Mrs. Romans stat d that there is no design on the couplet or interchange modification at this time, and it cannot be determined whether this right-of- way will actually be required, but the staff does not feel that the vacation should be approved only to find that the City must purchase the land if it is needed . Mr . Owens asked if the applicant or a representative was present? Mrs. Romans stated that Mr . and Mrs. Davis are not present; their daughter, who is in the real estate business and has been the staff contact, was sent a copy of the staff report, but is not present at this meeting . Mrs. Romans noted that if the Planning Commission does recom- mend the vacation of the right-of-way, the matter will have to go to City Council for final action. Mr. Owens asked if the applicant has the right of appeal on the Commission's decision on a street vacation such as this? Mrs . Romans stated that she would assume there would be the right of appeal to City Council • • , ) I • • • • - -3- Mr. Parker asked about the property on che east of the right- of-way in question? Mrs. Romans stated that this property is not improved as of now. Mr. Parker stated that he personally thinks that the right -of- way should not be vacated until the design of the improved interchange is available. Otherwise . tb City may be buying it back in the near future. Mr. Owens asked if this right-of-way had ever been a part of the Davis' property? Mrs. Romans replied that Mr. and Mrs. Davis purchased the property fairly recently; the right-of- way was dedicated as such in the original platting of the subdivision. Mr. Lathrop stated that he would agree with Mr. Parker that this right-of-way should not be vacated at this time. He noted that Mr. and Mrs. Davis could reapply at such time as the design of the interchange is available, if it does not involve the subject right-of-way. Parker moved: Lathrop seconded: The Planning Coru.uission deny the request of Mr. and Mrs. Davis to vacate the South Acoma Street right-of-way which extends for approxima tely 75 feet north of West Jefferson Avenue. AYES: Draper, Lathrop, Owens, Parker, Pi erson , Tanguma NAYS: None ABSENT: Williams, McClintock, Smith The motion carried. IV. SUBDIVISION WAIVER Lot 7, Block 2, Tejon Industrial Park CASE #7-78 Mrs. Romans stated that a memorandum from Mr . Gary Diede, Director of Engineering Services, was submitted to the staff this afternoon pertaining to the Subdivision Waiver requested by Howard L. Penner of Penner Building Systems, Inc. Copies of this memorandum hav been placed before the Planning Com- mission at this meeting . Mrs. Romans stated that because of this memorandum from Mr. Diede, and because there are two or three other matters that are not resolved, the staff would suggest t hat possibly the Commission would want to treat this m eting as a preliminary discussion, and delay final deter- mination and approval to a later meeting date. Mrs. Romans stated that 1\!r. Penner has an option to purchase land in northwest Englewood, described as Lot 7, Block 2, of T jon Industrial Park . He is proposing to divide the Lot be- cau e it is in excess of four (4) acres, and he feels it cannot be developed with one use. Mrs. Romans stated that the Englcwood /D nver City limits and railroad tracks are on the • I • • • • .. -4- east of the property, and part of the property which Mr. Penner will be purchasing is within Denver. Access to Lot 7, Block2, Tejon Industrial Park, is fr om South Raritan Street . Mr . Penner has shown a cul-de-sa c running o n the south side of the property adjacent to the drainageway to provide access to the proposed parcels in Lot 7. The staff does suggest that if the cul-de- sac is approved with the 40 foot width as shown, that parking be restricted, and that it be so marked to serve as a fire lane . The proposed f ire lane on the north and east of the property is shown as a 15 f oot easement on the plan o f the proposed division . Mrs . Romans stated that c onsiderable discussion has centered on whether or not this cul-de-sac will be dedicated to the City, or whether it will be d eveloped to City standards and maintained privately . Mr . Penner has indicated that he feels the i ndividual lots would be more marketable if the street were dedicated to the City. Mr . Penner has agreed that the street shall be in- stalled to City standards with a vertical curb on the south side of the cul-de-sac, and a valley curb on the north side . Mr. Penner has also indicated a willingness to provide minimum land- scaping, although Mrs. Romans pointed out that this ar ea is zoned for heavy industrial development, and that the restrictions for screening and landscaping are not as stringent as they are for the I-1 Light Industrial property that abuts a residential district. Mrs . Romans pointed out that Mr. Penner did submit a drainage ) plan ; however, this is in the City Engineer's office, and no written comments have been received pertaining to the drainage . Mr. Diede has verbally indicated that he does not see any problems with the drainag e as proposed. He has suggested that there be some measure of erosion control at the inlet and outlet areas of the 4" drain line fr om the proposed detention area . Mrs. Romans stated that at this point, the staf f does not fee l that the information on the request is in the proper detail for the Commission to make a decision. Mrs. Romans stated that there has been some discussion on the fact that the roadway of the cul-de-sac is proposed as 40 foot, and the Subdivision Regulations call for an 80 foot right-of-way in the industrial districts . She cited Article III of the Sub- division Regulations, §12-3-31, Planning Principles, which states : §12-3-31 (b ): The provisions contained in this article are general guides and standards for preparation of preliminary designs and final plats shall be utilized as such by each applicant . When- ever the tract to be subdivided is of such unusual si z e or shape, or is surrounded by such development or conditions that the strict application of the provisions of these sections may result in substantial hardships, the Com- mis sion may vary or modify such standard to t he end that the subdivision may be developed consistent with public welfare and safety • • I • • • • - -5- Mrs. Romans related these provisions to th e c a se at hand, citi ng the fact that the property has a 216 f oo t depth ; if a right -o f -w ay of 80 feet is subtrac te d fr om this depth, which rig ht-of-way wo uld serve only these properti e s in this "sub- division ", it could create a h ar dship on the pro perty owner and developer . Mrs. Romans point ed out that the roadway and rights-o f -way cited are "standards" and not "abso lu tes"; they may, therefo re , b e varied at the discr etion of the Commi ssion . Mr. Draper asked if there would be a limitation on th e size o f trucks that would be using the cul-de-sac? Mrs . Romans stated that there would not be. The street would have to be c onstructe d to the standards set f orth by the City, and there will be a 60 foot setback fro m th e street to the buildin g lo catio ns on the properties a s proposed by Mr. Penner, to give ample man e uv ering space f or trucks that would be making deliveries and pick-ups from the industrial buildings. Mr. Pa r k er asked if he understood c orrect ly that t h e City Engineer felt there was no p roblem with the propose d drainage system? Mrs. Romans stated that he has indicated there are no problems that cannot be h~ndled. Sh e emphasized t o the Commi ssion that the location of buildings is not b eing approved by virtue of the subdivision waiver. She noted that as Mr . P enner gets into the developmen t o f t his property, he may have buildings of different sizes in di ffe rent locations than wha t is shown in the illu stration. Mr. Parker asked i f the 60 f oot setback from the street would be defini te? Mrs . Romans stated that this is what is proposed nbw. At such time as Building Pe rmits are issued, t he co ns truction would have t o comply with th e Building Code, Comprehensive Zoni n g Ordinance, and all o ther applicable c odes and ordinances. Mr . Owens asked Mr. Penner if he wished to speak t o the Com-mission? Mr . P enner commended Mrs . Romans f o r her presentation . He stated that this property is to be divi ded for purchase by individual developers ; he will not be developing more than the parcels he intends to retain. Mr . Penner stated that they will have the continuous valley curb along the north side o f t h e cul-de-sac and will provide the 60 foot setback fro m the property line for the loading docks, etc . in an ef- f ort to accommodate the large trucks that are expected to frequent this indust rial area . The drainage of the site will be designed to fl ow to the north. The water would be carried to the east along the 15 foot ease- me nt that will also be designated as a fire lane, to a detention pond fr om which it will drain at a slower rate. Mr. Ow e ns asked if the Commission had any questions or comments? Mr. Draper asked if the land was flat? Mr . Penner stated that it is not ; the slope is to the s outh and east. There is approxi- mat e ly a 4-l/2 foot slope from the rear o f the proposed buildings to the f ront of the lot ; and there is approximately a one fod • I • • -• • • -6- drop on each lot beginning with Lot "C". Mr. Penner emphasized that the contractors and developers he has talked to want the cul-de-sac dedicated to the City. Mr. Owens asked what procedure would be followed if the cul-de- sac is dedicated to the City? He noted that this would require City Council action, whereas approval of a Subdivision Waiver does not , Mr. Wanush stated that he felt the Commission could approve the Waiver to the Subdivision Regulations if they were so inclined, and make recommendations on accepting the dedica- tion for the cul-de-sac to the City Council. Discussion en-sued. Mr . Owens stated that he felt it would be to the best interest of the property owner and to the Commission and City if the matter were continued to the next regular meeting. He stated that he personally sees no great problem, but felt that the Commission should have ~e additional information on the drain- age plan that City Engineer Diede has indicated will be available at a later date. Mr. Penner stated that he does definitely want to dedicate the cul-de-sac right-of-way. He asked that if the Commission feels there will be a problem with such a dedication, to please let him know now, Pierson moved : Draper seconded: The matter of the Subdivision Waiver on Lot 7, Block 2, Tejon Industrial Park , be postponed until July 5, 1978. AYES: Draper, Lathrop, Owens, Parker, Pierson, Tanguma NAYS: None ABSENT: McClintock, Smith, Williams The motion carried. V. DIRECTOR 'S CHOICE. Mr. Owens asked that Mr. Wanush discuss his forthcomi ng trip to Washington, D.C. Mr. Wanush stated that he is to attend a conference sponsored by th e Urban Mass Transit Agency, which conference is to bring together 40+ municipalities that have developable or redevelop- a ble land, and 40-50 developers that are interested in develop- ment in municipalities . The conference is related to develop- ment of transit centers and other subjects which have been dis- cussed in relation to the site in Englewood. The conference is Sunday, June 25th thru Tuesday, June 27th. VI. COMMISSION'S CHOICE. Mr. Owens noted that Mr . Nowacki of Concensus was present to address the Commission . • ) I • • • - -7- Mr . Nowa cki stated th at his business address is 701 West Hampden Avenue , Englewood, Colorado. He stated that he was pleased to have the opportunity to discuss with the Commissio n some of the recommendat ions made by the Transportation Review Committee . He wants to a ddress some of these recomme ndations specifically as they relate to mat ters of the Hampd en/Ithaca Avenue couplet, improvements on South Santa Fe Drive , and the matter o f moving throu gh traffic on lo ca l streets. Mr . Nowacki stated t hat there were thing s discussed in t h e Tra n sportation Review Committee report th at have no t been acted on by the Planning Commission or the City Council . On e of these is the matter o f the eas t /west coup l et and how to proceed on the wester n extension of Ithaca Avenue. Mr. Nowacki stated that at the time Mr. Jones made the Downtown Commi ttee report, concern was ex pr e ssed over one o f the maps, and th ere is concern that the staff is making a recommendation to mer ge the Ithaca Avenue/U .S. 285 couplet east o f the railroad tracks and attempt to use the present underpass unde r the tracks . He stated that in his opinion, "this may be encouraging the High- way Department to look less than favorably on the couplet if an attempt is made to keep this bottleneck" by u s ing the present underpass. Mr. Nowacki pointed out that th ere are only f our lanes for through traffic accommodated by that underpass. Mr . Nowacki emphasized that he fee ls "we are early enough in th e design program of Santa Fe Driv e improvements to make a recom- mendation on the Ithaca Avenue extens ion, and to have a new underpass built at the same time the Santa Fe impro vem ents are made ." Mr. Nowacki stated that another item recommended by the Trans- portation Review Comm itt ee was the one-way couplet on South Santa Fe Drive as an alternative to the widening prog ram. He stated that he "thinks there are some real advantages to be realized if Santa Fe was expanded ." He questioned t ha t ther e would be sufficient funds to "do Santa Fe the way it should be built;" he noted th at one problem with the pr opo sed widening program is that there will be 1200 people and 170 businesses displaced; most of these individua ls and businesses will be eligible for relocation allowances up to $15,000 each. Mr . Nowacki stated that there ar consultants studying the proposal of expanding Santa Fe Drive, but the report will not be ready until early next year. The proposed one-way coup l et on So uth Santa Fe Drive would require an Environmental Impact Statement . Mr. Nowacki • tat d that he has ta lked to people in the State Highway Department, and it is his fee ling that they want to "be responsive to the lo cal communities"; he stated that State Highway Department officials attended a me eting in Sheridan and discussed the widening of South Santa Fe Drive vs. the one-way couplet propo al. These Highway Departme nt of ficia ls did indicat they wanted loc al input. He stated that h e fe lt th sooner Englewood got their input to them, the better. Mr. owacki stat d that whi l e there are some prob lems with a one- way coupl t on South Santa Fe Drive, he felt there would be moro advantagos, such as extending the one-way couplet further • I • • • .. -8- into Denver or south into Littleton , He felt that the one-way couplet on South Santa Fe Drive would make it a "transit cor- ridor", and would entice traffic from other streets such as Broadway, Logan , etc. The one-way couplet would also help provide access to and open up land west of Santa Fe and would lead to further development of the area west of Santa Fe Drive to the South Platte River. Mr . Nowacki stated that since the Santa Fe Drive improvement project and the Hampden/Ithaca couplet project are related, the time to talk to Highway officials is now, and make sure that the designed improvements will tie in with the proposed one-way couplet on U.S. 285 and West Ithaca Avenue. Mr. Nowacki stated that he would like to see a recommendation for that type of extension on West Ithaca Avenue considered by the Planning Commission . Mr. Gunesch, owner of Park Floral Greenhouses, has said he would be receptive to an extension of Ithaca as a one-way couplet under the tracks, but would oppose a diagonal route through his property. Mr. Nowacki stated that he realized that the staff and commission had planned to consider all recommendations from the Comprehen- sive Plan Review Committees at one time, but he asks that the matter of the one-way couplet and interchange design be con- sidered first, and that there should be some recommendation to DRCOG, RTD , and the State Highway Department as soon as possible. Mr. Draper asked i f the one-way couplet on South Santa Fe would go through the g ol f course, or on the east side of it? Mr. Nowacki stated that the western alignment isn't worked out at this time . Mr. Nowacki stated that if the alignment is on the east side of the go lf course, there will be fewer property owners to deal with, but ther~ may be problems with the land fill area --methane ga~, etc. He stated that it might be preferable to have it follow this route than go through con- demnation proceedings. He pointed out that something could be said on the impact that could result from the route along the golf course; motorists would have a very attractive view, and Mr . Nowacki then cited a portion of Interstate #70 that E along a golf course . Discussion ensued. Mr. Owens asked if the Commission wished to take any action on this matter this evening? Mrs. Pierson stated that she would prefer to consider this matter in relation to the en- tire Comprehensive Plan review . Mr . Owens stated that the Commission would consider Mr. Nowacki's request at a work session on July 5th. Mr. Owens cited previous recommendations from the City regarding the one-way couplet and intersection improvement, most recently in the 1978-1979 State Highway Work Program. Mr. OWens also cited a lett er from Mayor James L. Taylor, dated March 22, 1978, formally requesting the amendment of the Highway Plan to designate U.S. 285 as a principal arterial rather than a freeway. Fur ~her discussion ensued , Mr. Tanguma suggested that perhaps there • I • • ( • • • ,. • should be another meeting wi th officials of Sheridan and Englewood to discuss the Santa Fe couplet and intersection at U.S. 285; he noted that any design on this will impact Sheridan . Further discussion followed, -9- Mr. Owens noted that sample letters to Swedish Medical Center were prepared by the staff, The Commission members considered the letters, and upon revision directed that a letter be sent over the Chairman's signature to Swedish Medical Center thanking them for the breakfast meeting on May 20th, and extending an invitation for another meeting . Mr. Owens stated that the Colorado Municipal League Conference will be held in Colorado Springs June 20th thru the 23rd; he is planning to attend the meetings on Thursday, and both Council- representatives on the Commission are attending the Conference . Mr. Owens stated that the study session originally proposed f or June 28th has bee n set for July 5th; the meeting room at the Chamber of Commerce was not available on June 28th, The work session will begin at 2:00P.M. and run to 5:00P.M.; there will be a dinner break, and the regular me eting will begin at 7:00 P.M. Mrs, Romans stated that a terrarium and card was sent to Mrs . Mae Wade from the Commission and staff as an expression of sympathy in the death of her husband, Mrs. Wade is a former Commissi on member and has been active on the Parks and Recreation Review Committee. The meeting adjourned at 8:15P.M. I • • -• • • TO : City Manager McCJ1o ~ Richard s. Wanu~irector o f Community Development FROM: DATE: July 11, 1978 SUBJECT: Joint Development Ma rket Place Confe rence , Washington, D.C./Relevance f or Cit y -owned Property From June 25 t hru J une 27, I attended the Joint Deve lopme nt Market Place and Con fe r e nce in Washington, D.C ., sponsored by the Urban Mass Tra n s port a t ion Authority Public Te c h nolog y , Inc ., and the Urba n La nd Institute. The objective of the conference was to provide a f orum where municipalities and developers could exc hange ide as on the marketi n g of central city land . The conference i ts e lf was divide d in t o two segments : 1. A typical con f e r ence f orma t o f speakers, panels and relevant topics ; and 2 . A market pl a ce where municipalitie s a ttempting to market land could adver tis e t hemselve s and g ive po te ntial de- v e lopers an oppor t un ity t o s ee wh at was available. Four main p l enary sessions were he l d o n joint develo p ment, focusing on the following: 1. The d evelopers perspective; 2 . The Federal Government perspective ; 3. The local government perspective ; 4 , The financier 's perspective , While each session was extremely informative, by far the most interesting were the session s with the deve lo pers and the lenders . The developers were extreme l y frank . In any contact with local governments wh o are trying to market land, their initial ass um ption is that something mu st be wro ng with the land. They reason that if the site were i n a stro ng market area, the private secto r wo ul d ha v e al rea dy picke d it u p. Be- cause of this, they generally enter i n t o any d iscu ssio ns very cautiously ---t hey are not pioneers, but investors who want to make a profit . • I • • ' • City Manager McCown July 11, 1978 Page -2- • • • Given this basic wariness of any land deal involving local governments, developers generally need some incentives in order to keep them interested. These incentives can take many forms, but primarily involve the "packaging" of the land by the local government. This packaging can include, but is not limited to : 1. A current market study done by reputable consultants . 2. A current appraisal. 3. A plan for land disposition (sale, lease, markdown of land cost, etc.). 4. Usable zoning. 5. Demonstrable support from local governmental officials and from local businesses and citizens. 6. Any other incentives (parking, public improvements, etc.). Developers want to make a profit; therefore, the market study is critical. Will the project sell? Can space be leased at rates where a profit can be made? One developer said local governments must be able to a nswer five basic questions : 1. Is the proposed use appropriate to the site? If there are different pha ses, can e ach phase survive on its own? 2. Is the site cleared and ready for use? 3. Are the necessary development tools at hand? Is there a mechanism for funding and for land delivery? (Renewal Authority, Downtown Development Authority, etc .)? 4 . Is the local political climate responsive? The Mayor and the City Council must be supportive and participate in some of the negotiations. Local businesses and banks must also be suppor~ive. There must be a positive relationship between the local government and the local business com- munity. 5. Does the local administration appear competent enough to deliver on its promises? Is there a desire to expedite the project? Is there a workable zoning and development review process? The developer understands the need for governmental controls and procedures, but does not want unwarranted delays. Time is money • • I • , • City Manager McCown July 11, 1978 Page -3- • • • The financial investors stressed similar items, particularly the idea that the local government must play a major role in "packaging" the site. But they also went further by stating that the site is not the only thing that must be marketed --- the downtown area and the city-as-a-whole must be marketed. Is the city improving or declining? Are retail sales up or down? Is the area within which the site is located attractive or run down? With these comments in mind, the following should be done re- garding the marketing of the City property bounded by Acoma, Girard, Bannock and Floyd : 1 . The site should be appraised. 2. A market study should be undertaken by a reputable con- sulting firm. While we already have a preliminary study done by DRCOG, it is already a year old and was general in nature. A new study shou ld be undertaken so that poten tial developers can be given up-to-date information. 3 . Efforts to form the Downtown Development Authority should be continued. 4. In conjunction with appraisals and market studies, the Council should publicly support appropriate development on the site. 5. A plan should be developed for the disposition of the land . (Sale, lease, terms, etc.). 6. Support for the disposition of the land should be secured from local businesses, lending institutions and citizens. 7. A specific plan should be developed for the provision of parking now leased to the Ambrose property and for parking by the proposed use. Negotiations with the owner should begin as soon as possible. 8. The tax incremental financing provision o f the Downtown Development Authority statute should be examined by the City Attorney to determine its legality and usefulness. 9. Public improvements on or adjacent to the site should be planned. 10. Any incentives that we are willing to provide (land cost writedown, lifting of height restrictions, etc.) should be clarified • • I • • City Manager McCown July 11, 1978 Page -4- • • • 11. The planning and construction of the RTD Transit Center should be done in complete coordination with efforts to market this land. Ideally, the developments could pro- ceed simultaneously. All in all, the conference was ideas concerning our own site. portunity to discuss these and your convenience. gw stimulating and generated many I would like to have the op- other suggestions with you at • I • • • - • • Portion of Year to Date 50% DEPARTMENT OF FINANCE EXPENDITURES TO 1978 BUDGET 4 c GENERAL FUND Through June, 1978 Last Last Annual Current Year to Date % of Year Year Budget Expenditures Expenditures Budget to Date _%_ Legislation & Council: 9·5,074 City Council $ $ 3,859 $ 72,960 77 $ 71,559 75 Board o f Adjustment 3,351 242 1,335 40 1,421 43 Career Service 3,154 137 2,908 92 999 26 Planning & Zoning 4,912 (276) 2,786 57 2,062 42 Lib rary 3,112 (677) 1,726 55 806 23 Cit y Attorney 151,818 14,531 76,637 50 56,677 55 Su b -Total $ 261,421 $ 17,816 $ 158,352 61 $ 133,524 62 Administration: City Nanager $ 152,275 $ 13,228 $ 79,381 52 $ 67,465 47 Personnel 131,112 6,065 64,037 49 44,220 43 Treasury & Record 85,598 8,037 47,846 56 39,560 39 Municipal Court 143,162 9,492 57,406 40 44,791 54 Accounting 90,235 14,963 49,845 55 56,557 35 Data Processing 119,412 8,409 46,370 39 28,262 Revenue Division 122,526 10,133 60,706 50 55,564 50 Purchasing 199,549 55,063 109,213 55 100 907 54 Sub-Total $1,043,869 $ 125,390 $ 514,804 49 $ 437,326 49 Public Works: Ad ministration $ 50,849 $ 3,964 $ 24,846 49 $ Senior Surrey 43,987 3,367 20,834 47 21,600 55 Engin ee ring 194,413 7,823 50,654 26 97,693 49 Streets & Drng. 876,318 49,863 386,756 44 365,390 44 Traffic Reg. 259,022 17,661 137,009 53 141,017 57 Bldg. Maintenance 284,707 17,952 136,850 48 143,998 52 Sub-Total $1,709,296 $ 100,630 $ 756,949 44 $ 769,698 49 • Fire Administration: I Suppression & Admin. $1,601,686 $ 127,254 $ 812,044 51 $ • • • Rescue Service 161,267 17,088 79,007 49 Volunteer 33,533 397 1,576 5 f Sub-Total $1,796,486 $ 144,739 $ 892,627 50 $ 825,739 52 • • • • • Expenditures to 1978 Budget General Fund Through Iuoe, l9ZB Page 2 Last Last Annual Current Year to Date % of Year Year Budget Expenditures Expenditures Budget to Date _%_ Police: Police Dept. $1,975,950 $ 156,941 $ 954,135 48 $ 873,320 51 Communications 380,648 22,061 149,242 39 116,451 46 Animal Shelter 90,·815 6,582 39,533 44 35,846 37 Sub-Total $2,447,413 $ 185,584 $1,142,910 47 $1,025,617 49 Community Development: Code Enforcement $ 166,366 $ 13,182 $ 78,337 47 $ 79,456 45 Housing & Redevel. 78,096 6,045 39,917 51 25,898 48 Planning 146,258 10,099 69,246 47 63' 779 so Sub-Total $ 390,720 $ 29,326 $ 187,500 48 $ 169,133 47 Library: $ 329,756 $ 23,783 $ 143,888 44 $ 132' 939 44 Parks & Recreation: Sen i or Rec reation Center $ 90,000 $ 7,089 $ 41,582 46 $ Par ks 734,664 59,534 369,562 so 342,145 54 OutJ oo r Sw i m Pool 40,127 9,099 16 '772 42 16,337 41 Ind oo r Swim Pool 67,037 7,544 33,848 so 26,256 41 Sp orts & Games 94,428 8,494 43,094 46 34,147 37 Cultural Ac t i v i t ie s 73,081 5,323 30,119 41 25,598 37 Playground s 41,2 21 7,250 9,266 22 6,787 17 Sof t ball 23,880 4,064 6,89 2 29 6,709 28 Zoo 8,69 2 1, 715 2,726 31 1,687 21 General Opera t ions 115 ,257 7,798 48,656 42 49,701 39 Ol d Timers 28,213 5 776 12,803 45 12,731 46 Sub -Total $1,316,600 $ 123,686 $ 615,320 47 $ 522,098 46 To t al Expe ndit u r e s: $9,295 ,561 ~ 750,954 $4,412,350 47 $4,016,074 49 I • • • • • • Portion of Year t o Date ___2Q!_ DEPARTMEN T OF FINANCE REA LIZ ATION OF BUDGE TED REV ENU ES GENERAL FUND Through June. 1978 % of Last Last Budgeted Current Year to Budget Year Year Revenues Month Date Collected to Date _%_ Taxes: Property Tax $ 865,696 $ 264,031 $ 64 0 ,031 74 $ 619,551 74 Specific Ownership 48,000 29,702 58,234 1 21 52,067 116 Sales Tax 5,607,057 453,154 3,030 ,067 54 2,659,834 52 Cigarette Tax 475,000 35,410 254,696 54 195,603 43 Franchise Tax 533,508 20,000 172,987 32 208,490 46 Sub-Total $7,529,261 $ 802.297 $4,156,015 55 $3,735,545 54 Licenses & Permits: Building Licens es $ 75,000 $ 5,343 $ 36,398 49 $ 31,174 65 Business Lic e nses 65,000 1,953 42,066 65 42,242 58 Non-Busine ss Lie. 85 • Sub -Total $ 14 0 ,000 $ 7,296 $ 78,465 56 $ 73,501 61 In t er-G ov e r nme n ta l Revenu e s: Fed eral Gr a nt s & Re venue Sharing $ 94,000 $ (4 ,196) $ 8 ,596 9 $ 15,231 63 State Grants 2, 72 3 State-Shared Revenue 286,000 27 ,51 7 20 9,286 73 20 2 ,003 73 Arapahoe Bridge & Road 80!410 1 1 201 2 Sub-To t al $ 460,410 $ 23,321 $ 217.88 2 47 $ 221,158 59 Charges for Services: General Government $ 329,128 $ 1,909 $ 72,056 24 $ 65,928 22 Pub lic Safety 6,200 402 2,615 42 3,932 53 Highway & Street 38,236 3,103 22,165 58 16,388 43 Anima l Shelter 20,000 519 2,976 15 3 ,392 16 School District Ul 10,000 Outdoor Swim Pool 15,493 210 1 Indoor Swim Pool 26,245 1,637 11,630 44 12 ,085 47 I Sports & Games 36,675 7 ,880 17,025 46 13 ,21 4 39 • • Cultural Activities 52.77 5 5,478 21,941 42 14,173 46 Playgrounds 1,500 212 680 45 895 108 Softball 24,600 2,112 14,556 59 14,651 73 Zoo 2,600 840 1·,009 39 884 34 Old Timers 18,300 3,131 11,392 62 13,321 81 Library Contract 34 1 000 872 16 1 479 48 9 1 006 26 Sub-Total $ 615,752 $ 28,095 $ 194,524 32 $ 168,079 30 • • • - • • Realization of Budgeted General Fund Revenues Through June, 1978 Page 2 % of Last Last Budgeted Current Year to Budget Year Year Revenues Month Date Collected to Date _%_ Fines & Forfeitures: Court Fines $ 98,000 $ 12,865 $ 76,062 78 $ 60,379 71 Library Fines 8,900 981 5, 718 64 4,868 58 Sub-Total $ 106,900 $ 13,846 $ 81,780 77 $ 65,247 70 Miscellaneous: Joint Venture Tax Refunds $ $ $ $ 22,427 173 Interest 25,000 6,880 28 14,123 56 Rentals 325 460 Gain on Sale of Assets Landfill 105,000 Other 16,136 1,754 14,356 12 9,736 49 Sub-Total $ 146,136 $ 1,754 $ 21,561 15 $ 46,746 81 • Total Revenues: $8,998,459 $ 876,609 $4,750,227 53 $4,310,276 53 I . • • • - • - Portion of Year to Date 50% DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES PUBL I C IMP ROVEMENT FU ND Th r ough June 1978 % of Last Last Budgeted Current Year t o Budget Year Year Revenues Month Date Collected to Date _%_ Taxes: Sales Tax $ 440,000 $ 41,509 $ 263,280 60 $ 188,897 45 Admissions Tax 25,000 2,032 10,367 41 5,380 12 Sub-Total $ 465,000 $ 43,541 $ 273,647 59 $ 194,277 42 Intergovernmental Revenue: Revenue Sharing & Fe deral Grant $ 655,000 $ State Grant $ $ 169,172 22 • Stat e-Share d Revenue 94,000 Sub-Total $ 655,000 $ $ $ 263,172 34 Miscellaneous: Interest $ 8,000 $ $ 351 4 $ 9,439 Contributions Other 36,500 22,350 61 (4,078) Sub-Total $ 124,500 $ $ 22,701 18 $ 5,361 Total Rev enues: ~1,244,500 ~ 43,541 ~ 296,348 24 ~ 4621810 I . ' • • • - • • Realization of Budgeted Rev enues Public Improvement Fund Through June 1 1978 age 2 Cumulative Expenditures Project Ba lance Budget Current Month to Date Available Storm Drainage: General $ 868,122 $ 67 $ 376,127 $ 491,995 City Survey 20,000 20,000 Paving District #24 41,294 22,046 19,248 Paving District #25 200,000 4,036 195,964 Traffic Improvements 110,000 101,747 8,253 Zuni Street 50,000 50,000 Overlay Program 40,000 41 39,959 Parks: Belleview Storm Repair 50,000 1,500 48,500 • Emerson Mini Park 15,000 1, 774 15,000 Ha ndicapped Play App aratus 24,000 24,000 Sinclair Bath House 100,000 9,250 90,750 River Redevelopment 3,002,127 1,680 2,999,402 2, 725 Senio r Center 827,264 4,103 818,297 8,967 Land Acquisition 100,000 Library Expansion 190,000 455 187,625 2,375 Land Purchase Near Elderly Housing Site 22,500 22,500 ~5,660,307 $ 81079 ~4!5571571 p,002,735 • I • • , • • • • • Po rtion of Year t o Da te 50 % DEP ARTME NT OF FINANe ;. REALIZAT I ON OF BUDG ETED REVENUES SEWER FUND Throug h J une, 1978 % of La st La st Budgeted Current Year to Bud get Ye ar Year Revenues Month Date Collected to Date _%_ Disposal Service: $ 765,000 $ 42,541 $ 414,070 54 $ 378 ,1 55 52 Other: Connection Fees-Inside $ 50,000 $ 5,405 $ 51,034 10 2 $ 25,4 94 127 Connection Fees-Outside 500,000 157,401 599,587 128 629,599 126 Interest 45,000 5,125 11 9,369 23 Rentals 300 1 ,950 1,660 Inspection Charges and Sampling 7,000 1,153 5,856 84 5,698 81 Miscellaneous 10,000 717 7 2 ,768 28 Sub-Total $ 61 2 ,000 $ 206,800 $1,078,339 176 $ 674,588 117 Intergove rnm e ntal Revenue: E.P.A. $ 205,109 • City o f Li ttle ton 20,500 Sub -Total $ 22 5,60 9 To t al Revenues : $1,602,60 9 $ 206,800 $11078,339 67 $1!05 2,74 3 ~ EXPENDinJR ES TO 1978 BUDGET Last Last Annual Current Year to Date % of Year Year Budget Expenditures Expenditures Budget to Date _%_ Tre atmen t: $ 246,109 $ 220 $ 89 ,493 36 $ 231,862 69 Sanitary System: 77,302 4,555 27,599 36 30,836 50 I Administration & • • and General: 1!389!195 26,635 190!899 14 171,521 29 -I Total Expense: $1!712!606 ~ 31!410 ~ 307, 991_ 18 --§ 434!219 44 - • • • • • Portion of Year to Date SO % DEPARTMENT OF FINANCE REALI ZAT ION OF BUDGETED REVENUES WATER FUND Thro ugh June, 1978 % of Last Last Budgeted Curr e nt Year to Budget Year Year Revenues Month Date Collected to Date _%_ Water Sales: $2,264,970 $ 39,22 5 $1,046,441 46 $ 705,623 46 Other: Connection Charges $ 50,000 $ 14,013 $ 59,079 118 $ 28,699 115 Rentals 8,500 150 1,703 20 5, 779 68 Interest 326,000 106,684 33 2,216 22 Gain on Sale of Assets Sale of Water 200 ,000 9,206 23 9,206 120 Mis ce llaneous 25 ,000 352 10,419 42 12,828 51 Sub-Total $ 609,500 $ 23,721 $ 317,091 52 $ 49,522 23 Total Revenues: ~21874,470 § 62,946 p,463,532 51 $ 755,145 43 • -- EXPEND 1 TURES TO 1978 BUDGET Last Last Annual Current Year to Date % of Year Year Budget Expenditures Expenditures Budget to Date _%_ Source & Supply: $ 655,744 $ 33,629 $ 363,485 55 $ 113,479 Power & Pumping: 175,335 17,655 68,062 39 56,857 Purification: 1,145,981 310,055 4'38, 970 38 107 ,9 26 Trans. & Dist.: 1,423,527 n;786 136,462 10 69,717 General: 826,621 19,501 226,363 27 185,484 I • • 'Total Exp ens e: $4,227,208 $ 392,626 $1,233,342 29 = $ 533,463 • • - • • ' • APPLICANT: • • - COUN CIL ACTION RE QU EST LIQUOR AND 3.2 BEER OUTLETS Rodney Utz and Wiliiam Gilmore D/B/A The John 90 W. Belleview TYPE OF ACTION REQUESTED: 3.2 Bee r License Re new a l POLICE AND FBI REP ORTS: Attache d PREVIOUS CITY COUN CI L ACTIONS DU RI NG PRIOR TWO YEARs, EXCLUDING ANNUAL REN EWAL: CITY ATTOR NEY'S REVI EW : C()}.M:N TS: • $4 I • • • • • • • • .. /?AM DRL 4 01 I I REV 10/76) STATE OF COLORADO -• DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR 3.2% FERMENTED MALT BEVERAGE LICENSES DO NOT WRITE IN THIS S'ACE o\f TU GETIING APPitOIIAl oraoc .. a UC(NSING AUIHOIUT Y If IIEOUU,EO. SEND 10 COlOUOO Df:I'Aitl M(N I Of ltf VENUt , SfATt C AP ITOl ANN[X 131) SHElMAN Sl Of NVU COlO 0010> (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRSTI •:.,.., I I y I t· .. \ '• i LL. I , I ~ J -,., . . ;!-'· ' r ' d . I V I ' ' 1/ '~l ., ~ ·,·')! 1 0 I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE . StGNATU•t: liQUOR ENFORCEMENT OFFICER 'S ACTION .j-/-/~ DME APPRO VED DISAPPROVED -D.t.Tt '?.?9-,:r··:;s-1' J~~C IN>fl ;;;,~%:'-d I r?~.~:- l r'(f'j; I . ' · 1' r-: I n f'0'f'•1 '1' ]_~...!._---~- IMPORTANT (IF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAl APPLICATION .) SEE INSTRUCTIONS ON THE REVERSE SIDE . M ... N ... GER'S NAME If "PPLICANT IS A CORPORATION . fill IN REVERSE SIDE . NEW TRADE NAM E RENEW"l "PPLICATION FOR 3 2% FERMENTED MALT 8EVER ... GE liCENSE FOR THE YE AR ENDING W ACCOUNT NllMIU Few IIAIIllrY IN'01fM A l10 N COUNTY (ln fl fll lJ ),)t' >.l t : 5 07 ~ '7 &, TYPE NAME AND DESCRIPTION OF liCENSE J ? • ·? ,, ·, I -I i. t I -:.:·~,,_ r r y ,J ' "-- MAKE CHECK OR MONE Y ORDER P"YA BlE TO THE COLORADO DEPARTMENT OF REVEN UE TOTAL FEE (S) $ 41>. 2'i 1 FEE ~ 2~.uu ·~ '1.2 5 (The followtng affidavit to be ••gned ond a cknowledged b y (If opplic otion il for tmporter'• ltcente, tnsert 1tote of bustneu re••dence tndtvtduols ond toch membe r of ond by corporohon1) ) UTI-- being by me fu1t duly 1worn , if for h•nuelf , depo1e1 ond •oy•; thor h. '' the opplw:ont above named. or thor he is ~~ o f the above named corporotton That he ho1 r*<Jd 1'111 ortgtnol opplteat•on and lhol he kn o ws th< <on t&nh theteof ond tho\ oil mollen ond thongs thtteon set lotth ote ltue of h., own know ledge, ond he OQ tHs lo <onfoom to oil tvln ond oegul otoons pto.,ul goted b y the DEPARTMEN 'f-~;~~N UE IN CONNECTIO N THEREWITH THIS ~ ::.,.q ., w~-~~~ MY CO ...... ISS ION tK"RES fttt ..34 , J' ( REPORT AND APPROVAL OF LOC AL LICENSING AUTHORITY IMANUFA CTU.tf•S WHOlfSAlUS IMPO IHU:S AND II:Ail.OADS OISUGA•D HilS SECTION ) !~d ':~01 ": .~~:~•t;h;t ~~sh \:;;~ .. .-·,f''";,:,t~ndwol;h•m.~;·t~~ .. s; •• ::."':~"bl~ ~~~:~~~'!~~ts •:1 th:••<;,<;7~hbo':!..J• .,::fP'::.:"' ~ .. s ""~i10C::' tnh abtiOn fl, ond compltel Wt t h th e prov••lon • of -rltlt 12 Article •&. CAS 1873 THEREFORE THIS "PPLI C ... TION IS HER EBY "'PROVED o ... TED AT THIS DAY OF . AD 19 (NAME Of TOWN CITY 011 COUNTY ) BY (MAYOR o• CH A.IItMAN or I O A•D Of COUN N COMMIS!.tONEU Ollt OTHU TITL E Of UC fN$1NG AUTHOIITY ) ATTEST IClUK Ott SfCIIET AtY 01 OTHU OffiCU HAVING THE Of'tCIAl SEAl Of fHt UC fNSIHO AUT~I fY ) ::: .. ~.7. .• ~~:. :~~ .. "'• ·:.:::-~~ ·~~~ld b:.d~g",f.' :: t~~ • .:~r:· .~"d.~~:, .. :f ~: ·loc~un~ .... ~ oppro'iol lhould be gtven by •vch offtctol.) • I • • • • • ( City of Englewood ME~RANDUM TO: Eric Johannlsson, Revenue Di vision FROM: Sergeant R. Medford DATE: Ju ly 6, 1978 SUBJECT: The John, 90 West Bel l ev lew Avenue -Beer License Renewal 3400 South El ati Street Englewood , Colorado 80110 Phone (303) 761·1140 Our records Indicate that In the year beginning on July I, 1977 and ending on July I, 1978, The John located at 90 West Belleview Avenue, has had the to II owIng ca II s to the po II ce. In on I y one of these Instances was there an indication of wrong-doing again st the establishment . Ther e were no t cha rges flied In this case. • Disturbance Noise Disturban ce Open Door Fight Noise Disturbance Burg I ary Disturbance Fight 9-06-77 9-14-77 I 0-16-77 11-04-77 11-23-77 3-10-78 5-10-78 5-24 -78 6-17-78 5-01-78 Criminal ~lschief Possible I lquor violation Robert R. Holmes Chief of Pol ice Eng lewood Pollee Department s£( :.!~~~j} lnvestlg8tlons Division Eng lewood Pollee Dep8rtment • Incident Report In cident Repo rt In cident Report Incident Report Incident Repo rt Offense Re port Incident Rep ort Incident Repo rt Offense Report Incident Report I • • . • • • • • • MEMORANDUM TO : Members of the Englewood City Council FROM: William D. James, Director of Finane~ DATE: July 11, 1978 SUBJECT: Annexation Petition The City Clerk's office is in receipt of a petition re- questing annexation of property to Englewood in the vicinity of West Stanford Avenue and West Tufts Avenue . According to the Municipal Annexation 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 /jlw • I . • • • • • CM DISTRIBUTORS 1470 W. Tlwma& Ave. Ph. (303) 7BJ.B204 En11lewood, Colorado 80110 TO: The City Council of the City of Engle~ood, Colorado Englewood City Hall 3400 South Elati Street R E C E f V ED Englewood, Colorado 80110 Gentlemen : JU L 7 1978 "'f'\ :J.f'' . DEPT. OF FIN~.NCE J ·. I ·~t-AP ENGLEWOOO ~ We are interested in having the land de scribed in the attached "Petition for Annexation" zoned industrial. At the present time we own a warehouse located at 1470 West Thomas Avenue, Englewood, Colorado . The type of work \ve do is odorless, all done inside our building, and do no late night work . Our business has incr ease d to the point that we need to expa nd and, as we wish to stay within the City of Englewood , have purchnsed the property r eferred to in our "Annexa tion Petition'' contingent upon the la nd be i ng annexed to the Ci ty of Englewood and zoned industrial . We would appreciate the Council t aking this matter under serious consideration. GPB/pjm Very truly yours, Ctl Distributors ~'f:f&LJ Clinton K. Bush President I . • ( • • • • PETITION FOR AN NEXAT ION TO CITY Of [NGL[WOO D, COLORADO TO : The City Council of the City of Engle~ood, Colora do Englewood City Hall 3400 South Elati Street Englewood, Colorado 80110 The Und~rsigned Petitione r does hereby petiti o n the City Council of the City of Englewood, (.o!orado, ;:o a.,nex to the said City of Englew~od, Colorado, pursuant to and in Accordance with th~ applicable provisions of the Municipal Annexation Act of 1965, as amended, the hereinafter described real property situate in the unincorporated territory of Ar apa hoe County, Col ora do, and as the basis for said Petition wou ld show unto the City Council as follows: l. Petitioner comprises the owner of one hundred (ID Ol) percent of the area proposed to be annexed, exclusive of strreta and alleys. 2 . It ia desirable and necessary that the hereinafter described real property be annexed to thr City of Englewood, Colorado. 3. Not less than one-sixth (1/6) of the pPrimeter of the here inafter described real pr ~pc rty is contiguous with the City of Englewood. Co lorado . 4 . A community of interest exists b~tween the area proposed to be anne x~d and the City of Englewood, Colorado; the area proposed t o be annexed is urban or will be urbanized in t he near future; and the ar~• proposed to be annPxed is integrated with or capabl e of being inregrated with the City of En•lewood. Colorado . ~-In es abliahing the boun1ariee of the territory prop o ..-d to be annexed, no land held in identical ownership, • t-' r .I . ' I J ~ r -. ' ~- t' ~-I • • t ( • < • • • • ~h ether consisting o f one tract o r parce l of real estate or two or mo re contiguou s tracts o r parce ls o f real eatat e have been divided into sepa rate par t s or parc els without the ~itten c ons~nt of the land o ~~er thereo f. 6 . In establ ish ing the boun daries of the area propose d t o be annexe d, no land he ld i n i d en ti ca l ownership. whe ther consisting of one tract or parcel of real e s tate or two or mor e contiguo us tr•cts or parcels of real es tate , comprising r..•enty (20) acrs o r more which, toget her wi th the buildings a nd improvemen t s situa te d thereon has a valua tion for a ssess - ment in excess of t wo hundred thousand dollars f o r a d val o rem tax purposes for t he year next pr eced ing the annexation , b.a been included in the area p roposed to be annexed without the written con s ent of the landowner thereof. 7. The proposed annexa tion will not re s ult ln the detach- ment of area from any school district a nd a ttach the same t o another s chool di st r ic t . 8 . In all r es pect. the requireme nts of Se ctions 31-12-104 and 31 -12 -105 of t he ~lunic!p al An nexati on Ac t of 1965, aa amen ded. exist or have been met . 9 . The legal description of t he land sought to be annexed t o t he City of Englewood, Colo rado. is as foll o ~s : A tract of land in the SWJ: of the r;EJ: of Se c- ti on 9, Township 5 South, Range 68 West of t he 6th P .M., described as follows : Co mm enc i ng at the North wes~ corner of t he SW\ of the ~~l: of Section 9 , Townahip S South, Range 68 West. th ence on an assumed bear ing of ~orth 90 deg . East along the North line of the S~~ of the NE~ of s a id Section 9 for a d istance of 330 .0 feet to the t rue point of beg inning; thence South 0 deg . East 630 .0 feet to • point on the ~orth line of West Tufts Avenue ; thence South 90 deg . East along said N~rth line o f We ot Tufts Avenue for a distance of 165 .0 feet ; thence North 0 deg . East 630 .0 feet ; t hence North 90 deg . We st 165 .0 fe et to the point of beginning . • ; . f I I ' I • • ( • • • • 10. Accomp anyi ng the within Petition are four copies of an annexation ma p containing the informat i on as r equired by Section 31-12-107 (I) (d) of the ~l unicipal Annexation Act of 1965 , as amended. 11 . Pe titioner requests the City of Englewood, Colorado approve th~ annexc.tion of the a ..:-ea proposed to be annext!d . Date of Signature Mailing Address of Signer: Paul Robert Thurman , owner o f all of the land described in paragraph 9 of the foregoing petitio n 14A Landing Road Roslyn. New York 11576 AFPIDAVIT OP CIRCULATOR STATE OP COLORADO CITY ASD ss. COUNTY OF !>f:!'!'.'Eit Charles D .. Calvin, of l~wful age and being first duly sworn upon his oath, states and deposes that: 1-The affiant circulated the foregoing Petition for the purpose of obtaining the signature of the above petitioner .. 2.. Each signature thereon is the signature of the person whose name it purport• to be. Subscr1bed and sworn to before me this f -[day of July, 1978, by Charles D-Calvin. My commission eY.pires I ,"",',..., Witness my hand and o ffici al seal. I ' ' \.''-· /! Sotary Publlc • ' ~-· l l J t .. I I • • • •' • Vicinity Map 'scALE: I Inch a 400 Feet .. ( I • • • • • - Executive Commtttee Wally Toevs Boulder County £ Cathy Reynolds g Ctty of Denve r 0 James Covey ~ Adama County ~ Ke nneth M M acintosh Q Clly ol Denver o. John J N icholl ffi Arapahoe County ~ w 0 Members: ( \ Hal Anderson ~ JeHeraon County ffi Ruth A. Correll ~ City of Boulder ~ David A. Dey ~ Engineer ~ W. G. Duncan o Douglas County ~ Kenneth M Gorrell City of Arvada Fred H Hood : Ctty o f Au rora '!! Wil li am H McNtehols ~ Clly of Denver 3 Ar len E. Penon "' Engineer Anthony E Richter City of Thornton M L ""Sam " S.ndot City ot Denver • • • - /""'\ i ~ I • 1 ..., (""-, ~... ' ' ~ . -\ \ L. Scott Tucker. Executive Otrector July 13, 1978 Mr. James Taylor Mayor, City of Englewood 3400 South El ati Englewood, Colorado 80110 Dear Mayor Taylor: ' .· '_I v L • .. ) ·, rv "" The bids for Holly Dam were opened on Tuesday, July 11, 1978. The low bid was $384,950.00 by Winslow Construction Company. Two other bids were received as follows: Lawrence Construction Company-$439,172.00 Concrete Construction and Placing, Inc . 462,252.50 We recommend acceptance of the Winslow bid. Total funds available in the Holly Dam Construction Fund as of this date are $358,878. This includes estimated expenditures for construction inspection, supervision, and testing. Allowing 2% for contingencies,an additional $33,730 is needed to award the bid and beg i n construction . • I • • ( • Mr . James Taylor Mayor, City of Englewood July 13, 1978 Page 2 • • Because of the order time for the outlet works, culvert, and the desire to complete construction this year, we would like your commitment as soon as possible. Following receipt of your commit- ment, we will advise the contractor to order the pipe. A Notice to Proceed will be given the contractor following the District's August 17th Board meeting. If you have any questions, please do not hesitate to call. We look forward to hearing from you. LST /BSK/bac Respectfully, L. Scott Tucker, Executive Director BY: Brian S. Kolstad, P.E., Chief, Desi~n & Construction Program I . ( ( ( • TO: FROM: DATE: SUBJECT: • • MEMORANDUM Honorable Mayor James L. Taylor and Members of City Council Louis Parkinson, Judge of Municipal Court July 13 , 1978 COURT FACILITIES -ACTION RECOMMENDED This letter is to respectfully emphasize the need by the Court for adequate facilities at the earliest possible time and to re~d to the Municipal Court Study by the Archi- tectural firm of Barker-Rinker-Seacat. The Court will attempt to discuss these factors in the order below: 1) Degree of Need 2) Suggested Timing of Council Action 3) Discussion of Alternative Schemes proposed by architects DEGREE OF NEED The inadequacy of the present facilities have been discussed in detail in previous communications from Court to Council. Consequently , only those matters preventing the Court from functioning as mandated by law are being repeated, although the Court deems all the inadequacies mentioned before to be valid and material. a) The Court has no jury box -The Colorado Constitution requires that defendants in Municipal Court be exten ded a right to trial by jury b) Arrestees must wait in a public corridor under guard for Court advisement. Similar indignities have been held by courts to violate basi c Constitutional rights c) The clerk staff facilities are inadequate for existing personnel. It would be im- possible to put additional personnel authorized by Council in the existing clerk's office. • I • • . . ( ( ( • • • • Memorandum July 13, 1978 Page 2 SUGGESTED TIMING OF COUNCIL ACTION Assuming Council agrees that the need is acute there are many advantages and few, if any, discernible disadvantages in proceeding with appropriations and construction in calendar year 1978. Concerning the availability of funds, the Court understands that in March of 1978, the Council was made aware of a surplus in the year-end ge neral fund balance of $400 ,000 plus $440 ,000 or approximately $840 ,000 . Later the Council made certain appropriations from this surplus including $400,000 to the Little Dry Creek flood control project. The timetable recommended by Public Works shows that any sizeable expenditures for this project would be in relatively distant future. The funds would therefore appear to be available. Indeed, since the Engineering News Record cost construction index and general inflation is rising faster than the return rate of the City's deposits , it would seem to be in the City's economic best interest to proceed forthwith. Council has previously appropriated the sum of $5,500 to remodel existing court staff offices to accomodate the additional personnel authorized by Council. Figures obtained by City Purchasing indicated the costs would exceed $8,000 and the Public Works Department said that it could not be accomplished by City forces in the immediate future. Consequently, the Court felt that if the entire Court facilities project could be commenced in 1978 that $5,000 to $8,000 could be saved and used for the entire project cost. The Court is holding in abeyance this decision awaiting the Council's decision. DISCUSSION OF ALTERNATIVE SCHEMES PROPOSED BY ARCHITECTS The architect proposed four alternative schemes: A -using community room as separate court facility - estimate $50,000 B -combining Court /Council facilities using community room-estimate $63,000 A above abolishes completely the community room, and B cuts it to one-fourth of the existing space. Both involve a cut in services presently provided by the City. • I • ....... ( c • • • .. Memorandum July 13 , 1978 Page 3 The architect estimates it would cost $76,000 to replace the community room in the southeast portion of the building. The addition of this $76,000 to either A or B makes all of the estimates comparable. C -using presently unused area just to the east of present Parks and Recreation area - estimate $144,000 D -using presently unused area in extreme south- east corner -estimate $129,580. All of the plans would require some modification for more logical traffic flow and visual aspects. However, these modifications could be accomplished in plan C or D, but the Court is doubtful if they could be in plan B. The Court and Court neither. B are: feels that any facility designed for both Council would be a compromise to both and satisfactory to For example the disadvantages to Council of Scheme 1) The Council dais being straight the councilmen on the Mayors right could not see the ones on his left 2) Visual displays are difficult to locate where they would be viewable by both council and citizen spectators 3) The lack of adequate facilities violates the oft stated Council policy of encouraging citizen participation The disadvantages to the Court include: 1) No court clerk station provided 2) Jury must be paraded in front of defendant in going to and from the jury room 3) Court clerk's docket books and records, court exhibits, etc., must be removed from room after each days court 4) Sound system must be altered after each days court. Scheme C, desp ite the architects objections, seems to the • I • • - ( • • • ,. • Memorandum July 13, 1978 Page 4 Court to be most functional. The objections are partially dealt with as follows: 1) No parking -contrarily it is accessible to the City owned parking lot and is accessible to the "33 foot strip" contemplated for purchase 2) Disrupts Parks and Recreation Department -the plan includes an entrance independent of Parks and Recreation and section "14" on Scheme C shows access to other parts of the building independent of Parks and Recreation 3) Exterior is strictly "backdoor" -facelifting would seem no more complicated than it was for Library remodeling 4) Access to toilets -to the contrary existing plumbing is closer than any other plan (see Scheme C, area 11) 5) Increased costs -not so pronounced if community room facilities comparable to existing are to be provided. The Court respectfully requests the earliest convenient con- z~hes e reco~eod•tio ... LOUIS PARKINSON, Judge Municipal Court LP/b t I • • ( • • • • INTRODUCED AS A BILL BY COUNCILMAN Weber BY AY6HORITY ORDINANCE NO . , SERIES OF 1978 AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF GENERAL OBLIGATifJ:-J 11EFUI'>DING \•lATER BONDS, SERIES 1978, IN THE PRINCIPAL AHOUNT OF $8,455,000 OF THE CITY OF ENGLCHOOD, COLORADO, FOR THE PURPOSE OF REFUNDING GENE RAL OBLIGAT ION REFUNDING WATER DONDS, SERIES 1975 , AND GENERAL OBLIGATION I~A'f E R UIPROI/EMENT BO:-JDS , DATED FEBRUARY 1, 1978, OF THE CITY OUTS TANDING IN THE AGGREGATE Al'IOUNT OF $9,310, 000 ; PROVIDING FOR THE EST ,\BLISIL'IENT OF AN ESC ROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF THE OUTSTAN DIN G BOND S TO BE REFUNDED; PROVIDING FOR THE LEVY OF TAX ES TO PAY SAID REFUNDING BOND S AND THE I NTEREST THEREON; AND PRESCRI BING OTHE R DETAILS IN CONNECTION THEREIHTH. WHEREAS, the City of Englewood, >n the County of Arapahoe and the Sta te of Colorado (the "City"), is a political subdivision of th e State, a body corporate and politic , and a home-rule city pursuant to Article XX of the State Constitution: and WHEREAS , the City, by Ordinances heretofore adopted and approved by its City Council, has authorized the issuance of ita General Obligation Refunding Hater Bonds, Series 1975, dated April 1, 1975, in the amount of $4,100,000 (the "1975 Issue"), and its General Obligation Water Improvement Bonds, dated February 1, 1978, in the amount of $6,700,000 (the "1978 Issue"): and WHEREAS, as of August 1, 1978, there remains outstanding of said 1975 Issue the amount of $2,610,000, being bonds numbered 299 to 820, inclusive, in the denomination of $5,000 each, bearing interest payable on Feburary 1 and August 1 each year, and maturing serially on Aug ust 1 , as follows: Bond Numbers Interest Rate Amounts Years (All Inclusive) (Per Annwn) Maturin2 Matu rin2 299 -382 5 .30\ $420,000 1979 383 -469 5.30\ 435,000 1980 470 -561 5.30 \ 460,00 0 1981 562 -656 5.30\ 475,000 1982 657 -756 5.30\ 500 ,000 1983 757 -820 5.3 0\ 320,000 1984 and WHEREAS, bonds of said 1975 Issue maturinq on and after Auqust 1 , 1983 , a re redeemable at the option of the City on Auqust 1, 1982, and on any intereat payment date thereafter in inverse nwner i cal order upon payment of par, accrued interest and a premium o f 1\ of p rincipal; and -11- 64 I • ( ( • • • • WHEREAS, as of August 1 , 1978, there remains outstanding of said 1978 Issue the full amount thereof, being bonds numbered 1 to 1,340. inclu sive , in the denomination o f $5,000 each, bearinq interest payable December 1, 197 8 and semiannaully thereafter on the lst day of June and the lst day o f December each year, And maturing serially on December 1, as follows: Bond Numbers Interest Rate Amounts Years (All Inclusive) (Per Annum) Maturin9: P.1aturi~ 1 -36 6.00~ $180,000 1979 37-75 6.00\ 195,000 1980 76 -116 6.00\ 205,000 1981 117-159 6.00\ 215 ,000 1982 160 -205 6.00\ 230 ,000 1983 206 -254 6.00\ 245,000 1984 255 -306 5.00\ 260,000 1985 307 -361 4.90\ 275,000 1986 362 -419 4.75\ 290,000 1987 420 -481 4.75\ 310 ,000 1988 482 -546 4.80\ 325.000 1989 547 -615 4.80\ 345,000 1990 616 -688 4.90\ 365,000 1991 689 -7 6 6 4 .90\ 390,00 0 1992 767 -848 5.00\ 410,000 1993 849 -935 5.00\ 435,000 1994 936 -1028 5.00\ 465,000 1995 1029 -1126 5.00\ 490,000 1996 1127 -1230 5.00\ 520,000 1997 1231 -1340 5.00\ 550,000 1998 and WHEREAS, bonds of said 1978 Issue maturing on and after December l, 1988, are redeemable at the option o f the City on June 1, 1988, and on any interest payment date thereafter, in inverse numerical order, upon payment of par and accrued intereat; And WHEREAS, the City Council has determined that it is necessary and in the best interests of tbe City that the 1975 and 1978 Issues, outstanding in the aggregate amount of $9,310,000 be refunded by the issuance of General Obligation Refunding Water Bonds, Series 1978, in the amount of $8,455,000, resulting in a reduct ion of debt service and effecting other economies, all to the benefit of the City and its inhabitants, and in accordance with the City Charter; and WHEREAS, after published Notice of Sale, General Obli- gation Refunding Water Bonds, Series 1978, in the principal amount of $8,455, ooo, were sold and awarded to the Northern Trust Co . of Chicago, Illinois , the highest and best bidder there- fore, such bid being hereby accepted. -12- • I • • ( ( • • • • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEHOOD, COLORADO; Section 1. That for the purpose of providing funds with wh i ch to refund and pay $2,610,000 of its 1975 Issue and $6,700,000 of its 1978 Is s ue above described, the City of Englewood. Colorado , sha ll issue its Gen eral Obligation Re- f unding Water Bonds, Series 1978, in the pr~ncipal ~D unt of $8 ,455,000. Said Refund ing liater Bonds shall be dated Aug ust l, 1978; shall consist of 1,691 bonds in t he denomination of $5,000 each, numbered 1 to 1691, inclusive; shall bear interest payable on August 1, 1979 , and semiannually thereafter on the 1st day of February and the 1st day of August each year, and shall mature serially on Augu st 1, as follows: Bo nd Numbers (IUl Inclusive) 1 -109 110 -230 231 -358 359 -492 493 -634 6 35 743 74~ -792 793 -844 845 899 900 959 960 -1022 1023 -1091 1092 -1164 1165 1243 1244 -1327 1328 -1416 1417 -1513 1514 -1616 1617 -1691 Interest Ra~e (Per An n um) 6.RO% " " " " Amounts Naturing $545,000 605,000 640,00 0 6 7 0,000 710.000 545,080 245 ,000 260,000 275,000 300,000 315 .000 345,000 365,000 39 5,000 420,000 445,000 48 5,0 00 515,000 375,000 Year s t-laturing 1979 1 980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 199 5 1996 1997 The net effective interest rate on this Series of Bonds is --=5~·:...!.7...!7~4~8~5~_\. The Refunding \qate r Bonds, Series 1978, maturing on and after August 1 , 1988, shall be redeemable prior to their respec- t i ve maturity dates, at the option of the Ci ty, on August 1, 1987 , and on any interest payment date thereafter, in inverse numerical order, upon payment of par and accrued interest. No tice of prior redemption of the Refunding Water Bonds, Series 1978, shall be given by publication at leas t once in a l ega l newspaper or newspape rs custonarily used by the City for l ega l not ices , not less thon thirty (30) days prior to the redemption dale , and hy nailing a copy of the Notice of Redemp- tion by registerPd or cPrtified !irstclass United Stn tea mail, -11- • I • • - • ( • • • • postage prep aid, to the original purchaser or to its successor# at least thirty (30) d ays p r ior to the redemption date. Such noti ce shall specify the place and date of redemption , the amount and numbers of the bo nd s called, and that from and after such date interest on all bonds called for redemption shall cease. The Refunding \'later Bonds, Series 1978, and the interest~ coupona attached thereto shall be payable in lawful money of the United States of America, at The First National Bank of Englewood, Englewood, Colorado. Section 2 . The Refunding Hater Bonds, Series 197 8 , 6hall be signed with a facsimile s ignature of the Mayor of the City, with a facsimile of the seal of the City affixed thereto, attested and countersigned by the manual signature of the Director of Finance, ex-officio City Clerk and Treasurer. The interest coupons attached to said bonds shall bear the facsimile a i gnature of the Di rector of Finance, ex-officio City Clerk and Treasurer, and when iaaued as aforesaid as part of said bonds, shall be the binding obligations o f the City according to thei r import. Should any officer whose manual or facsimile signature appears on said bonds or the intereat coupons attached thereto cease to be such officer before delivery of the bonds to the purchaser, such manual or facsimile signature shall nevertheless be v ali d and sufficient f o r all purposes. Section 3. The Refundi ng ~later Banda, Series 1978, and the interest coupons attached thereto shall be in substan- tially the following form: -14- • I • • • • • • (Form of Bo nd ) UNITED STATES OF Al'lERICA SThTE OF CO LORADO COUNTY OF ARAPAHOE CITY OF ENGLEWOOD GENERAL OB LIGATION REFUNDING l~ATER BOND, SERIES 1978 No. $5,000 The City o f Englewood, in the County of Arapahoe and State o f Col orado (herein the "City"), for value received. hereby acknowledges itself indebted and p romises to pay to the b ear er hereof the principal sum of FIVE THOUSAND DOLLARS in lawful money of the Uni ted States of Ame rica, on the lst day of August, 19 ___ , with interest thereon at the rate of ---------------------------------p e r centum ( __________ \) per annum, payable hugust l , 1979, and semiannually thereafter on the lst day of February and the lst day of Aug ust each year, as evidenced by in terest coupons hereto attached, pr incipal of and interest on this bond being pa yable at The First ~ational Bank of Engl~wood , in Englewood, Colorado, upon presentation of said coupons and this bond as they severally become due. Bonds of this issue maturing on and after August 1, 1988, are redeemable at the option of the City on August l, 1987, and on any interest payment date therea fter , in inverse numeri cal order, upon payment o f par and accrued interest. Notice of prior redemption shall be given as provided in the Ordinance authorizing this Bond. This bond is issued by the City Council of the City of Englewood, Colorado, for the purpose of providing funds to refund valid and o uts tanding General Obligation Refunding Water Bonds, Series 1975, dated Apri l l , 1975, and General Obligation Water Improvement Bonds, dated February 1, 1978, under the authority of and in full conformity with the Constitution of the State of Colorado, and the Charter of said City, and pursuant to an Ordinance duly adopted, published and made a law of said City prior to the issuance of this bond. It is hereby further certified, recited and warranted that all the requirements of law have been fully complied with -15- • I • • - • • • • by the proper officers of the Cit ~· i n the i s suance of th i s bond; that. the total debt of the City , including that of this bond, does not exceed any limit of indebtedness prescribed by the Constitution or the Charter of the City; and that provision has been made for the application of the net revenues of the water system of the City and for the levy and collection of annual taxes on all of the taxable property in the City sufficient to pay the interest on and the principal of this bond when the same become due. The full faith and credit of the City of Englewood, Colorado, are hereby pledged for the punctual payment of the principal of and interest on this bond. IN TESTU10NY I·:HERJ:OF, the City Council of the City of Englewood, City, Colorado has caused this bond to be signed wi th the facsimile signature of the Mayor of the Ci ty, sealed with a facsimile of the seal of the City, attested and counter- signed by the ma nual signature of the Director of Finance, ex-officio City Cl erk and Treasurer, and the attached coupons to be signed with the facsimile signature of the Director of Finance, ex-officio City Clerk and Treaaurer, as of the 1st day of August., 1978. (FACSIMILE SEAL) ATTESTED MID COUNTERSIGNED: D1 rector o f F~n anc e , ex-o ff1c i o Ci ty Clerk and Treas u r er -16- (Facsimile Signature) Mayor • I . - • • • • (Form of Coupon) No. $ ___ _ August, On the 1st day of February, 19 __ , unless the bond to which this coupon is attached, if redeemable, has been called for pr i or 'redemption, the City of Englewood, in the County of Arapahoe and State of Colorado, will pay to bearer the amount shown hereon, in lawful money of the United States of America, at The First National Bank of Englewood, in Englewood, Colorado, beinq interest then due on its General Obligation Refunding Water Dond, Series 1978, dated August 1, 1978, bearing No. D~rector of Finance, ex-off1c1o City Clerk and Treasurer -17- • I • • - • • • - Section 4. When said Refunding Hater Bo :1ds have been duly executed the Director of Finance is hereby directed to deliver the bonds to the purchaser thereof on receipt of the agreed purch ase price therefor. The proceeds of the Re- fundinq Water Bonds, Series 1978, shall be used only for the purpose stated therein and for paying the costs and expenses incurred incidental to the issuance of said Refunding Water Bonds and f or no other purpos e whatever. Neither the purchaser of said bonds nor the subsequent holder of any of them shall be responsible for the ap plication or disposal by the City, or any of its officers, of any of the funds derived from the sale thereof. Section 5. If necessary, the interest and principal to become due on the Refundinq Nater Bonds , Series 1978, in 1979 sh&ll be advanced fro~ the water fund or any other fund of the City available therefo r. For the purpose of reimbursinq said advance and paying the interest on said Ref unding Water Bonds as the same sh all become due, and providinq for the ultimate payment and redempti on of said Refunding Water Bonds, there shall be levied on all the taxable property of the City, in addition to all other taxes, direct annual taxes in each of the years 1978 to 1996, inclusive, sufficient to make such reimbursenent and to pay the interest on all of said Refundinq Water Bonds, Series 1978, and the installments of principal, as the same b ecome due and payable, respectively. Said taxes, when collected, shall be deposited in a special fund to be known as "C ity of Enqlewood General Obliqation Refundinq Wat e r Bond Fund, Series 1978", and the proceeds deri ved from said taxes shall be applied only to the payment of necessary costs and expenses of operatinq and maintaininq the w,tter system and to the payment of the i nterest and principal of the Refunding Water Bonds, Series 1978, authorized herein, and for no other purpose whatsoever, until the indebtedness so contracted pursuant to this Ordi- nance, both principal and interest, shall have been fully pa id, satisfied and di scharqed . Nothinq herein contained shall be so construed as to prevent the City from applyinq a ny other funds or revenues that may be in the City treasury and available for that purpose to the payment of said i nterest and principal, as the same respectively accrue or mature, and upon such payment the levy or levies herein provided may there- upon to that ex ent be dimi nished. -18- • I • • • • • • Sec tion 6. The sums herein provided to pay the interest on said Refunding !·later Bonds and to discharge the princip~l thereo f when due, are hereby appropriated for that purpose, and said amounts for each year shall also b e included in t.he annual budget and appropriatjon Ordinance and bills t o be adopted and pa s sed by the City Counci l o f said City i n e a ch. year , respectively , until said Refunding I'Ja t e r Bonds have been fully paid , satisfied and discharged. Section 7. Notwithstanding the foregoing provisions for tax levies, the City hereby further covenants and agre~s to extablish, maintain, col lect and enforce a schedule of rates , fees , tolls and charges for connection to and use of the wa ter system of the City, which schedule shall be sufficien t to assure that the revenue thereby produced , together with any other funds which may be lawfully available, and the proceeds of general ad valorem taxes, shall pay all reasonable costs and expenses of operating and maintaining the water system and to pay the interest and principal of the General Obligation Refunding Water Bonds, Series 1978 , herein authorize6, promptly aa the same become due and payable , respect i vely . Section B. It shall be the d u ty of the City Council of said City, annually, at the time and in the manner provided by law for levying other City taxes, if such action shall be necessary to effectuate the provisions of this Ordinance, to ratify and carry-out the provisions hereof with reference to the levying and collection of taxes; and the City shall levy, certify and collect such taxes in the manner provided by law for the purpose of c reating a fund for the payment of the costs and expenses of operating and maintaining the water system, and the payment of the principal of the Refunding Nater Bonds and interest thereon, and such taxes when collected shall be kept for and applied only for such purpose, as hereinabove specified. Section 9. The proceeds derived from the sale of the Refunding Water Bonds, Series 1978 , author ized herein in an amount not less than $8,455,000, plus cash in the amount of $ 532,173 , which amount includes $355,690.00 cash on hand of the CHy , the S 176 483 premium paid the City for the Refunding Water Bonds , and the accrued interest on the bonds being refunded, shall be deposited with The First llational Bank of Englewood , Englewood, Colorado (the "Bank") in a separate fund a nd escrow account hereby created and known as "Cily of Englewood , 1975 and 1978 Issues, Water Refunding Escrow -19- • I • • ( • • • .. • Account" herein designated as the "Refunding Escrow Account" or "E s crow Account", which account shall at all tir.1es be sufficient, together wi th any interest to be derived from the investment and any temporary re inve stment of the deposits or any part thereof only in direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States of ~~erica, to pay the principal of and interest on the outstanding 1975 and 1978 Issues being refunded. as the same become due and payable under and in accordance with the following schedule: 1975 Issue: Bonds numbered 299 to 820, inclusive, maturing August 1, 1979 to August 1, 1984, inclusive, shall be paid and retired at their respective maturity dates according to their original terms at The First National Bank of Englewood, Englewood, Colorado. 1978 Issue: Bonds numbered 1 to 1340, inclusive , maturing December 1, 1979 to December 1, 1998, inclusive, shall be paid and retired at their respective maturity dates according to their original terms at The First National Bank of Englewood, Englewood , Colorado. Interest on the outstanding bonds of the 1975 and 1978 Issues shall be paid as the same accrues, according to the original terms of said bonds, until said bonds mature. Section 10. The Bank shall invest the funds on deposit in the Refunding Escrow Account in direct obligations of, or the principal and in terest of which obligations are unconditionally guaran teed by, the United States of America, and shall fully secure any cash balance i n said Escrow Account in.the man ner required by law for other trust funds. Section Ll. If for any reason, at any time, the funds on hand in auch Refundi ng Escrow Account shall be insuf- ficient to meet the payments required as the same shall be about to become due and payable , the City Council of the City shall forthw ith deposit in such Refunding Escrow Account such additional funds as may be required fully to meet the amount so about to become due and payable. Section 12. The Bank shall from time to time redeem all or a portion of the obligat ions in s id Refunding Escrow Account in sufficient amounts so that the proc eda therefrom -20- • I 'I I I! I • - • • • • . . • and t he interest thereon as the same accrues will be sufficient to meet the interest require~ents on the o utstanding bon ds of the 1975 and 1 978 Issues as such interest accrues, according to the schedule hereinabove set forth. Sec tion 13. The Mayor and the Director o f Financ e,' ex-of fici o City Clerk akd Treasurer of the City shall, and they are hereby authorized and directed to take all necessary or appropriate action toward the execution of a proper Esc r ow Agreement wi th the na.nk concerning the deposits in, investme nts of and disbursements from said r.efunding [screw Account, a nd such other a greemen ts as may be necessary or des irable to effectuate the provisions of this Ordinance and comply with the requirements of law. Section 1 4. On or about t he date when the Refunding Water Bonds, Series 1978, are rlelivered, or within a reasonable time thereafter, the Director of Finance is authoriz ed and directed to publish a notice of refunding one or more times in a newspaper or newspapers customari ly used by the City for legal notices. Section 15. The City covenants and agrees that it wil l make no use of the proceeds of the bonds authorized herein which might cause such obligations to be arb itrage bonds within the meaning o f Section lOJ(c) of the I nterna l Revenue Code of 1954, as amended, and the Regu l a t ions proposed and in effect thereunder. Section 16 . That if any one or more section or part of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the re- maining proviaions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 17. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 18. After said Refunding Water Bonds are issued, this Ordinance shall be and remain irrepealable un til said Refunding Water Bonds and the interest thereon have been fully paid, satisfied and discharged. Section 19. This Ordinance, as adopted by the City Council, shall be numbered and recorded in the official records of the City. Ita adoption and publication shall be authenticated by the signature• of the Nayor and the Director of Finance, -21- I • • - • • • • • ex-officio City Clerk and Treasurer, and by the certificate o f publication. Section 20. This Ordinance shall take effect thirty (30) days after publication following final passage. INTROD UCED AS A BILL this Jrd day of July, 1978 . Published as a bill on the 5th day of July, 1978. ~ead in ·full and passed on final reading on the 17th day of July, 1978. Published in full as Ordinance No. 15, Series of 1978 on the 19th day of July, 1978. Mayor ATTEST: Director of Finance ex officio City Clerk-Treasurer -22- • I . • • • • • RESO LUTION NO. ___ ~_t ___ , SERIE S OF 1978. A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ENGLEIVOOD AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, RELATING TO FEDERAL AID URBAN SYSTEM PROJECT M-1154(2), DARTMOUTH AVENUE FROM LINCOLN STREET TO LOGAN STREET, CITY OF ENGLEWOOD. WHEREAS, the State Department of Highways and the City of Englewood (local agency) have h e retofore entered into a Master Agreement for projects on the Federal Aid Urban System, dated December 31, 1974, hereinafter referred to as the Master Agreement; and WHEREAS, Federal Aid Urban System Funds in the amount of Seventy-four Thousand Dollars ($74,000.00) have been made available for an Urban System Project, identified as M-1154{2), for completion of roadway construc- tion on Dartmouth Av e nue f r om Lincoln Street to Logan Street within the City of Engl e wood's jurisdiction; and WHEREAS, the City of Englewood has anticipated the total cost of roadway c onstruction to be One Hundred Thousand Dollars ($100,000.00), and is prepared to match said Federal Aid Funds wi th said City's s hare in the amount of Twenty-six Th ousand Dollars ($26,000 .00). NOW, THEREFORE, BE IT RE SOLVED BY TH E CITY COUNCIL OF T HE CITY OF ENGLEWOOD, COLORADO, as foll o ws: Section 1 . That the certain Agreeme nt d ated the day of , 197 8 betwee n t h e S ta te Department of Highwa y s -a-n~d~t~h-e~c~~~.t~y--of Englewood, relatin g t o completion of roadway const r uction on Dartmouth Avenue from Lincoln Street to Logan Street, is hereby approved and t h e Mayor of the City of Englewood is hereby authorized a n d directed t o execute said Agreement and the City Clerk s h all attest the same. Section 2 . That said Agreement attac h e d hereto, together with all exhibits attached thereto , is incorporated herein as more fully set forth. • I • • • • • Section 3. The City of Englewood is hereby authorized to enter into said Agreement pursuant to the provisions of 29-1-203, C.R.S. 1973. ADOPTED AND APPROVED THIS _____ day of __________ , 1978. MAYOR ATTEST: ex officio city Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Resolution No. , Series of 1978. ex officio City Clerk-Treasurer -2- • I . - ( • "M 1154(2)-Dartl!lluth, Lincoln to Logan • • - cotna•cr IIDUTl~G N\J ~ata COI\oTRACT nus co!'llllAcr . ....s. tha___tby er 197~ '' and -.,. lloto of Cclor.Jdo frw d>o .,. 0114 .... r,. of THE STIJE PEPARTi"l!::NT OF HICI:MAXS. DIVISION OF HIGHWAYS ~ .. ,..... ...... -..... C1ty of Englewood, Colorado loonhut ... ftfomd to u ... Local Agency or AS the Contractor, 'WHERUS,.......,. onisls in ... Low_, F----plio!. aP1'"'Pri>lod ....S •-- traila'lllo_.a,.lllcimt_....... ............ f..,.-_...kf., ..,.....loFaad-~ c./1."'-a~Na-52046 ,Conb¥1_1\;_ 78360 ·0114 . WIIEIIEAS .......... app.-.-ad caoa1irutiaa loa--piDW lnna aacl wltll .......... -""' ... 1WIIEJt£AS. pu.nu.ant to Title 23, United States Code and the :regul.a- Uon.a prm.ulgate4 thereunder certAin Federal funds have been ad will ill the future be, all~cated for the improvement of cert.aiD zout:aa on the designated urban sy&tell ad which an1 not on Cf7 other Fec!eral-aid system, hereinafter referred to as the pro,.rCD; ad 111l.EllEAS, pu.nuant to the aforeu.J.d liiWs end regulationa, routes -the &ulum system are eligible to be J.Joproved under tbe prooJraa n DD cost to the State1 and IIBEilEAS, ~ State and the Local A98Dcy have heretofore aatere4 hto a llloUter agreement for projects on the Federal-aid urba 8J'SI:eD, lilate4 t:he ~day of llec:emb@r , 1.9~, bereinaft-~ to .. the master agreement which is incorporated berein -..4 ...S. a part hereof by zeference1 ad 11BEIIEliS, the word "State• as used in this contract shall be .ynonymous with and interchagelll>le with the word "DivisJ.on• u -.1 in the Jlla&ter a9ree1110!nt; and IIBEREAS, FeCS.ral-aid urban syst.a funds in the amount of ,,.,000 hav11 been -d• ava illll>le for an urban 8J'Stem project, id@ntified as II 1154(2), coq>letlon of roadoMy construction frotn Lincoln St. east to Logan St. on llartlllluth Ave. The pr•llllrinary engineering for this contract WitS acc~l ished under Job Ntl1'bl!r 1'1 7354(2); and WHEP~, the Local ~9ency has submitted initial design data (D.O.H. f'onn 463 ) , dated ~....!!.. __ 1_9_7_8 ___ ~ to the State se~ting forth therein preliminary cetaila , information and eatimstea of cost or this project, which data h as been approvO!d by the State; ana • ·. ;·i I ·. I • - { • • • • t~EREAS, the matching ratio for this Federal-aid urban system project is 74.00\ Federal-aid funds to 26 .00 \ Local Agency funds it being understood that such ratio applies only to such costa as are eligible for Federal perticipation, it being furth er undeutood that all non-participating costa are borne by the Local Agency at 100'; and WHEREAS, the Local Agency has estimated the total cost of said work to be $100,000 .0iland is prepared to Jllatch said Federal-aid with its share in the amount of $26,000 .00as evidenced by AI! appropriate ordinance or resolution duly passed and adopted by the authorized repr.,.entative. of the Local Agency, a copy of which is attach..t hereto and made a part hereof; and WHEREAS, said ordinance or resolution also establishes the aut.b- ority under which the Local Agency enters into this contract; cd 11HER.EAS, this contract is executed by the State under authority of Sectioni 43-1-102, 43-1-106, 43-2-101(4) (c) and 43-2-144, C.R.S. 1973, .. --..dad; an4 WJI.EREAS, the parties hereto desire to agree upon the dirlsian of responsibilities t~ith regard to this urban system project; 1111&! IIJI.EREAS, the Local Agency is adequately staL!ed ana suitably equipped to undertake and satisfactorily complete portions o.f tbe vork; and WHEREAS, the State certifies that such work cc be more ad- vantageously performed by the Local Agency. WOW, THEREF ORE, it is hereby agreed thet: PROJECT PROVISIONS 1. The State will provide liaison with the Local Agency through the State's District Engineer, District 6 --· located at 2000 So. Holly Denyer. Cplgradp 80222 Said District Engineer will also be responsible for coordinat- ing the State's activities under this contract. 2. ~he parties hereto agree to comply with all of the terms and conditions of the master agreement, unless in conflict with .this contract, in which case the provisions or this contract s hall apply. -2 - • ·i I • • ( ( • • • • GE~ERAL PROVISIO~S A. The Local Agency will comply with the applicable pro- visions of the State's approved Act ion Plan, including all Federal directives contained the rei n by reference, and will take appropriate actions relative to the fol- lowing sections of the Federal-Aid Highway Program Manual: ~. FHPM, Volume 7, Chapter 7, Section 3, Procedures for Abatement of Hi ghway Traffic No i se and Construction Noise. 2. FHPM, Volume 7, Chapter 7, Section 4, Archaeological and Paleontological Salvage. l. FHPM, Volume 7, Chapter 7, Section 9, Air Quality Guidelines. B. The State wi l l review said plans, special provisions and estimates and aake those changes necessary to assure Coepliance with State and FBWA requirements. The State will afford the Local Agency ample opportunity to review the plans, special provisions and estimates , aa changed; and said plana shall be considered final when approved and accepted by the parties hereto. The State will provide final assembly of construction plans, special provisions and contract documents. In the event all or part of the work is to be contracted, the State will advertise the call for bids, and upon concurrence by the Local Agency award tbe conatruction contract(&) to tbe lowest res ponsible and qualified bidder(s). C. The Local Agency wil l be responsible for acquiring any additional r i ghts of way required for the completiDD of tbe project, including any necessary temporary con- struction easements and/or eas ements for detour during construction. Prior to this project being advertised for bids, the Local Agency wi ll certify i n writing to the State that all right of way has been acquired in accor dance with the applicable State and Federal -3 - • I • - ( ( • • • • regulations, or that no additional r ight of vay is requ ired. D. The State wi ll be responsible for assuring that the Local Agency has obtained proper clearance or approval from any utility company vhicb may become involved in this project, by separate agreement between the Local Agency and the utility, if necessary. Prior to this project being advertised for bids, the Local Agency vill certify in vriting to the State that All such clearances have been obtained. E. In the event the pt'Oject involves modification of a railroad co.pany's facilities at a railroad grade croa.- ing with the work be i ng accomplished by railroad company forces, the Local Agency shall make application to the Publ i c Utilities Commission request i ng its order providing for the installation of the p roposed improve- ments. The Local Agency shall also establish contact with the railroad company involved for the purpose ofs 1. Executing an agreement setting out vhat work is to be acc011plished and the location(s) thereof, and that the costs of the improvement shall be eligible for Federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the work. l. Establishing future maintenance respon- sib i lities for the proposed installation. 4. Prescribing future use or dispositions of tbe proposed improve.ents in the event of abandonment or elimination of the grade crossing. 5. Establishing future repair and/or replace- •ent responsibilities in the event of accidental destruction or damage to the installation. -4- I • • ( ( • • • .. F. The State , or the Local Ag ency wi t h a p prova l from the State , wil l be respon sible for the supervision of the construct i on of the project , with pe riod i c i n s pections by the FBWA. Supe rv i s i on shall i nclude, but not be liaited to, fi eld and off i ce engineering, inspection and materials tes t i ng, and tra ffi c control through the project area. Stat e wi ll prov i de and mark appropriate detours around the construc tion area to prevent any disturbances of the progress of the construction work due to traff i c and also to protect the traveling public. B. In the event that all or part of the work is to be accomplished by f orce accoun t rather than contract as specified i n para g r aph E he r ei nabove, the Local Agency will insur e t hat a ll wo rk i s accomplished in accordance with t he pertinent Sta te specifi cat i ons as well as FHPM, Vo l ume 6, Cha p t er 4, Sect i on 1, Sub- section 14, Contrac t and Fo rce Account. Work will noraatly be based upon estimated quantities and fira unit pricea agreed to between the Local Agency, the State and the FHNA i n &4Yance of the work, as provided for i n FBPM, VO lume 6, Chapter 4, Sect i on 1, Subsection 6, par agraph l2b. Such agreed un i t pri ces shall consti- tute a ca.ai tmen t a s to the value of the wor k to be pe r foraed . It may be agree d to par t i c i pa te i n the wo r k based on ac tual cos t s of l abor , equi pme nt rental , materials supplies and supervision necessary to complete the work. Where actual costs are used, eligibility o f cost items shall be evaluated for compliance with Federal Procur~nt Regulations Part 1-15. Rental rates for publicly owned equipment will be the second shift rental rate per hour as established in the State's COn struction Equipment Rental Rate Schedule da ted July 1 , 1977 or subsequent revisions thereof. All force account work shall have prior approval of the FBWA and shall not be in i tiated until the State has issued -s- ~ •• j •• I • • ( • ( • • • • a written notice to proceed. The Local Agency shall, during all phases of the work, permit duly authorized agents and employees of the State and the FBWA to inspect the project and to inspect, review and audit the project records. I. The Local Agency shall •aintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available for inspection at all reasonable ti•es during the contract period and for 3 years from the date of final payment to the Local Agency. Copies of such records shall be furnished by the Local Agency if requested. J. The Local Agency will aalntain and operate tbe i.provementa • constructed under this contract, at its own cost and espense during their useful life, in a aanner satisfactory to the State and PBWA, and will ••ke ample provision for such maintenance each year. such ••intenance and operations shall be in accordance with all applicable statutes and ordinances, and regulations pra.ulgat.d thereunder, which define the Local Agency's obligation to .. intaln streets and street fistures. The State aDd FBWA will sake periodic inspections of tbe project to verify that such improvements are being adequately aaintained. ~. The State will administer the Local Agency and Federal- aid funds for this project in accordance with the follow- ing provisions: 1. Costs incurred by the Local Agency The Local Agency will prepare and submit monthly charges for costs incurred rela- tive to the project. The Local Agency will prepare project charges in accord- ance with the State's standard policies and procedures. The State will reimburse the Local Agency for the Federal-aid share of th~ project charges -6- I • • ( ( • • • - following the State's review and approval of such charges. Charges incurred by the Local Agency prior to the date of FHWA authorizat i on f or the project will not be charged to the project. 2. Costs incurred by the State The State will prepare monthly eatiaates of construction costs and/or other costs incurred by the State for work performed relative to the project. The State will prepare said estimates in accordance with the State's standard policies and pro- cedurea. As funds are expended during the course of the vork, the State will bill the Local Agency monthly for the Local Agency share of such ezpend i tures. Upon completion of the work to be per- fon.ed under this contract and acceptance thereof by the State, FBWA, and the Local Agency, the State will submit a final recapitulation of p r oject costs to the Local Agency and a final billing for the balance due of its share of participating coats plus all non-participating coats. Upon receipt of each bill froa the State, the Local Agency will remit to the State the amount as b i lled. In the event the Local Agency shall fall to aake payaents to the State, as agreed, it hereby auth- orizes the State Treasurer to withhold the aaount of its outstanding obligation hereunder from the allocation due it from the Highway Users Tax Fund, as prescribed in Section 43 -4-209, C.R.S. 1973, as amended, for any city or incorporated town. Interim funds, until the State is reimbursed, -7 - I • • ( ( • • • • shall be pay able fr om St ate Hi ghwa y Supple- mentary Fund (2001 ). All funds expended by the State for the perfor mance of any work under th i s contract or relative to the ad- ministration of th i s contract shall be charged to t h is project. L . It is understood and agreed by the parties hereto that tbe total cost of the work stated hereinbefore is the best estimate available based on the des i gn data &a approved at the t i me of execution of tbis contract, and that sucb sum is subject to revis i ons agreeable to the part i es pr i or to bid and award. The Local Agency has the option to accept or reject the proposal of the low bidder for work on wh i ch competitive bids have been rece i ved . Tbe Local Agency must declare the acceptance or r eject ion at the award conference. If the bid is rejected, cos t s i ncurred by the State in project development will not be eligible for participat- ion by t:be FBWA and must be rei.t>ursed to tbe State by the Local ~c:y in conform! ty with Beetlon 43-2- 116, c .a.s. 1973, as a.ended. Following award of the construction contract(s) under paragraph E. above, no further revisions in design data or co.t esti mate shall be made except by agre..ent in writ i ng be tween t he parties . By indicating ita concu rrence in s uch a war d at t he award confereuce. the Local Ag ency acting by or thro ugh its d uly author- ized r epresentatives, agrees to provide a dditional fund s if required to complete the work unde r this project if n o ad d itio nal Fe deral-aid funds will be made available f o r the project. The total amount of such additional required funds will be d e t e~i n ed at t he t i me of final billin g as provided in paragraph N. above. The parties hereto agree that th i s co ntract is contingent upon all fund s designated for the project herein being -8 - I • - ( ( • • • • mad~ available from Federal and Local Agency sourc~s. Should th~ae sources, ~ither F~deral or Local Ag~ncy, fail to provid~ necessary funds as agreed upon herein, this contract may b~ terminated by ~ither party. Any party t~rainating its int~rest and obligations herein shall not ~ r~lieved of any financial obligations which ~aisted prior to the ~ff~ctive dat~ of such t~raination or which may occur as a r~ault of such t~ralnation. N. The t~ra of this contract, ~xcept for the provisions regarding aalntenance, shall contlnu~ through the completion and final acceptance of this project by tbe State, o. FllifA and Local Agency. Tbe covenants with regard to aaintenance of the improvements constructed under this contract shall remain in effect in perpetuity or until such tiae as the Local Agency is, by law or otherwise, relieved of such responsibility. During the performance of all work under this contract, the parties hereto agree to co.ply with Title VI, of the Civil lights Act of 196~. tbe salient points of vbich are eovn in the llondiacriaination Provisions attached hereto and .ade a part hereof. P. The Special Provisions attached heTeto are hereby .. de a part of this contract. Q. This contract shall i11ure to the benefit of and be binding upon the parties, their successors, and assigns. -9- . .. ; I . - ( ( • • ,. • IN WITNESS WHEREOF, the parties h ereto have caused the fore- going Agreement to be executed the day and year firat above written. Chiil Clei'it APPllOVED: DB S. WHI'rTEK:IHE State Controller By -------------------- STATE OF COLOIWlO JUCIIARO D. LAM!! GOVERNOR STATE DEPARTMENT OF JnGBWAYS JAC~ KINSTLINGER DECIJTrYE DDIECTOJt DIVISION OF HIGHWAYS ~~..-uu~----------E. N. IIAASE Chief Engineer APPliOVED: J. D. MACFARLANE Attorney General By----------- CITr OF ENGLEWOOD, COLOltADo By ________________ __ Title: ___________ _ • 10 ;~ i -~~· •·. '-". -·:- : ·~ .~" .'!, ~· ·' I • • • - • • /_( 1( :IJl ;J(jl Nf, Y h'[ St ,, I I! It JN r Jlt' r JN/ J/NANCf..- 10 Ill AT /IJ(./1//) I 0 /. .AI Ct/ I ONV t :r 'I 'II~ .'J' ( ( • • I ' ' ' ' :-r_..: .. ~ ..... ' .. '• ·~ ' . .. . ··~ . ~ . ~·· • I I . . - ( • • • • November • 1977 Nondiscrimination l,r ovistons : In comp l t ar.ce Wlth '!'it le VI of the Civi l Rights Act of 1 9 64 and with Sectt o n 1621~) u f ~he Fede ral Ai d Highway Act of 197 3 , the Cont r ac t o r, for .Lt.i e:lf, its assignees and s u c cessors in interest , agree as follows : A. Cono l ian c':! with Regulati o ns . The Con trac t o r wi ll comp ly Wlth t~~ P.cg ulatton s of the Departmen t of Tr ans~ortd t i o n r el ative t o nondiscriminat ion Jn Federal ly -asststed programs of the Department of T ransportation (Title 49, Code of Fede ral Regula- tions , Part 21 , hereinafter referred to as the "R c gulatl.ons"), which are here i n inco rporated by r e fere n ce and made a p art of t his con ract. B. Uo n dlsc ri rr.i n a tion . The Contractor , Wlt.h reoa rd to t he work pe r f o rmed by i t a fte r award a nd pri or to comp l etion o f the contract work , wi ll not dis - crimina t e on t he g r o und of race, color , se x. o r n at ional o rig1.n 1n the select ion and re en tio n o f Subc o ntract o ~s, i nclud ing p rocureme nts of mate rials and lease s o f equ1pment. The Cont r act or will not partic 1pate e ither di rectl y o r i n direc Lly ~n the discri minat1on ?r ohlblted by Secti on 21 .5 o f the Regulat1 o ns , 1nclud1ng employwen t practi ces whe n the contract cov e r s a program se t forth i n Appe ndix C o f the RegulatlOns . C. Sol i c itat ions for Subcontracts. lncl uc1ing Procu re- ments of Mat cr~als and Equ1oment. In al l s o licita- t i ons c~th er by compe t1t ~ve b 1ddin g o r negotiation ma de by the Contractor f o r work t o b e pe rformed under a subcontract, i ncluding p rocureme nts o f mate r ials o r equ1pment, each potential S ubcontrac tor or suppl1er shall be notified by the Cont ractor of the Contractors' obligatio ns unde r this contract and the Re g u latio ns r el at1ve to nondiscrimination on t he gro und o f race, colo r, sex or national origin. D. E . Informat1 ~n and Reports. The Contrac t o r will pro-v~d e all ~nformat1on and reports required by the Re gul at ions, o r orders and instructions issued p urs u a~t thereto, and will permit a c cess to its books, re co~ds. accounts, o ther s o urces o f in f o rma- tion, and its f ac i l1ties as may be dete rm ined by the State o r the FHWA to be p ertinent t o ascertain co~l i a nce with such Re g ulat ions, orders and in - structlon s. Wh e re a ny information requi red of t he Contractor i s i n the exclus1ve p oss iss1on o f another wh o fa ils o r refuses to furnish this ~nformati on, the Contractor shal l so cert ify to the State , or the FHWA as approp r i ate, and shall set forth what e fforts have been made to obta in t he informatlon. Sanctions for No ncom£li anc e . In the e vent of t he Cont ractor's non =omp 1ance wi th the non-discrim~n at i on provisions of th i s contract, the State sha ll impose such contract sanc tions as it o r the FHWA may deter-m~ne to be approp r iate , incl u ding, but not limited to: • >-"I ·I I . • • • • {1) Wlthh ::>lc!jn g o f payments to the Co n- tract0r un der the cont~act until th e Con tractor compl1es, and/or; (2 ) Cancellati on , term1 :1 ation o r s us - pen si o n of the cont ra ct , 1n "''hole or n part. F. l nco rporatlon of Provlston s. ':'~e Con t racLo r .,.·ill 1nclude he pro v tston s o f Para ~r ~ ~s A through F 1n e·1cr·/ subcon ract, incl udin q !'rocurements o f ma ~r1als and le~~es o f equtpmen t, ~n l ess e xP~?t by the Regula 10r.s, o rders, or 1nstructions lSS '.Jed pursuant ther•"tO . The Contractor • •. all take s uc h action "-'1 th respect to an:/ s ubcont ract or p r oc ure- ment a s t he State o r the F~A ma y d1 rect as a means of ~nf o rc 1 q such prov tsl on s 1 nclud1 ng sanct1ons for nonconpl1ance; r.-rovided, hm:ever, that , in the event the Co ntractor becomes invo lved in , or 1s threatened W1 th, l1t1ga 10n with a Subcontractor or su p pl1 c r as a result of such direction, the Contractor may request the State to enter In o such litigation to p r otect the interests o f the State and , in a ddition , the Contractor may r equest the FH WA t o enter 1.n to such l1tigat1on o protect the interests of the n1ted S tates . -2- I • • ( • • - ''""' fl \t Hll \1'1 I I \I PkO\ I SIO "~ I n.,, •••lllf.kl ~ .. llnm two dt"lm~d '"''"' unt.t 11 "''·'" h,.l t" hf.o•n "f'flHl\o'd h\ tho.• Cuntmlln' •1 f lhf' Sralt' of C~nrddu ur ~uda ""'1'1:1 11 1 .. , h. /IIJ\ d('tpt .. h I h,.. '"""''"" ,, •rr•lt .... lbk lu 1111\ l Uillt:o&l IIIHII\!Ojt tht' r :n ·mrnt of l'ftl.lhr\ h• tho.• !wol ff' .. U"U ..\\AIL\ UILII \ 2 . Hn:tnt'1ul uhl i!:,tllnu• u l 1h1 "''h I'•' hi ... t tn tl h runoul II "'"'' lt';Jt 3h' .·un tin!I:Cn l upun fund, for tb.at purfl(hl• h e m ~ :~rpru p n .•kd l•u J .:''"" .tlld '''"''""''" m...J .. J•,ul ..t blo: lh h •·u :lft.K'I un .. h._, 11 •' i'"'' ;thnt ui iW•rl' th:m k'n thuu,;u u.l do1ll.1 " fur ch .. ('IHhln••·ll·•n. t 'f•'C • , n-pair, im ptll h ':llull u l J il l f,utiJ 111,0:. ru.ad , .._,Jdll!t', q :tdu ~t. runnt·l. ''":;1\,lllom or lllht-r k -.ori.; (~ th i~ S.alt·. rh,• • .tC'Io r \/1.1 11 hduh' lnll.'flll~ up-u n t ht• ('('tfmnunc,· ut an\ ~ut·h \j,url. tnd dul} 1!\t'•uu· and tk ru .md ftj,• "''" '"• .,ffi n al "how ''lln:uurr .tfl i"'.tf' hd u ~o~. f ,. St:.tc . :1 lfjUOd mad \Urfit'k 'lll h~tnd l u h.· .tpp .t h\ •:.ltl ulllcul 111 .1 pt'nJI 'um nut (to.., tlu,r nllt>·ha tht IUtal amnuut p01~ab&r b) thl' lnm' uf rh,. l otOir.t.t hund ,h,tll ht• dul ) ,.,,., utc.J h\ a ttualift"'' , ur:.lt' •un·t• ('ondit•nn,·d for lht' dut' .t lld l.urhful rw-r fur m .m .·,· ''' 1h urr.H'I. :md 111 .tdd uutn •h:.ll Jltn\ r/1.11 11 tht n nur:.,·rur ur hi• '*•· i:tl'. h'.tlll lun• ,U,It'n:.n.c:: roq' .. ''"· prm l'ndc r ur uthtr 'urpl~ utoed '"' 111 P•:t l u rn ul thl' w.uri. •·unrr:h 'lt•d lo tk" dunt'.lhr WR'ty m •ll': •d 10 lhc> hund . h •~··lh t•r ••th •ntc~~~ al th r r.&teof Ulrn J to. c'\\'CIIh'd dt"fnt•rc>d :llld fill•d . nu claim in £.-vor ~ l:\IY"pl .. , ul ht r"At ~ r•rut dulbr. .tlkJ JbfUirt'' ''' unuh " t'lll pl"' nlt'HI ul l:t hurt'f' ur mtduru;.•, tn th,· '" •l•un :tlh'riiiOft ur ftlllllir of .,y huaJdl"' "' u lill'l ' ,. ~o~.•ul.. '' \C'•'III ht)!hW.,H '· lu~hw..t\ hridg•·,, underpa'~' .1 .._lftd\1 w.nh m tlw ' ... "Jllu.,J luruh ul lhl' ~l a ic" lht' r.tlr ul Yo ,IJ:!c" fur aU IJhun.'" .1 n t.l rno:,· L"Unlr:H ltlf ur ,ufkut,fr..a.l•u 1011 llh · buildUIJl u r puhh,: ~o~.uri. n nn-rd b• "'" \"ontr.&C"I .J r:.ll pnot ,llhn t' >~I "'9'' lur w...,L, ul "••m•l.u na tun· m lhl· d l \",luw.n. ~ilbJto.• ur ulher chtl •U hdi\ltWoll w.hk. t' hu1IJ111V 111 nlh,•r jtuhh4 Y>tt lh '' lio4.1 h 'd l),,pUtl', r't\J'f'l'llll~ flfl'\lli hll j~! f'oltr~ w.il/ h, ri''Oflt'd 1 \ pr '101 lH\ pr~ ·'' .tnwu Jrd ~. Thl'I.'U1 1Ir,..·lur itJJ't't'' lu .ompl) ••lh lh,·lt th:r lind •pml uf lhe(ulur;.du Anrid•""'""n•IHMI At-t uf 1957. ft ~ aud ulh ~r .,.ranhk l:.w. h'\jk."C'hll! l.li~nminllftun and"",.., nnplonnrnt prk't~ (l._u.. ••. cas lt7J. :t\ amtnckd l and:... n.·qutf\"d h' I \t't:"utne Ottlt'r Elju.al ()pportunitv a nd Atfimuri\t Ac hun, elated ..\pli 16, 1 97~ ,..,NIUnt tltl¥'f'JII, /lr~ I•Jiff llt.'lt/( /fffll't\WfJ l \Jt.al/ ft.~' I 'Uirl.rt('d ttr,. .\'tDif' t 'tmlr••h n' AlktHJIIW"IJ,. Oulln¥ thr r t'rfumr.mrr uf '"'' 4 Ullll"..i,l lht ('tiUita('fllr ~ ... fuUnw.\ (II Jb,· ~,·uulr.a..t u r ~ill 11111 cl•~·rlln lll•l t .&pllhl li n\ ~~~~ff nr appf kant for nnrlrwnw-nt bee_. of ~~l'. Cf'tt'd ••tlur IUI!un:al u n~n . ~' m:.nl:.l 'lal u •. tthpon, liJK"t'\ln . mt"ll...,,., ph\\k'af h.-•. •• Tih ,·utur ... ·tur "''" 1:.1.,· :tffimlo~ln " ·"'''""' t u IOSU11' lhlt applk an h .,l' t mrloved. and !hat e...,e.yerw ..-r tn.·all"d dunn!! ,·mrlm mcn t "-tlhuut rt'~ IU l h t• a bove mt"ntu.~~ttd 'haracttn\rics. Such artiun Wlall illdudt-. but nu r be' i•m ih•d t u lh r fuUu "'iRJ! cmptu ~ mtru, uprrading. dt-muhon , nr lran,fer. fKI'Uit.MNt w rt"C'nutmt>rlf .uh l·rtNng. l,l\ ·u lf, ur lennmattt tll \ 1'11~\ of Pol} '''o ther fu""' of l'Ompt"n\ltiun , -.d triech• lur traminJ. uu-tulltn~ •rprrntll't"i"JIItt Tht' l'O iltrac:'l u r agrt't'\ t u pt t\l m CUMptctloo' ~. ~•..wr to t"mrlu• l"-~ and llflplw.·:.uth fur empl u~ mt"nl 1101~ W hr f'"l\-ldrd by lht r tmlracting o tlicrr stfl"'l (.,... pnl\ "'011• ti l th" n •r n·d•~~:nm•n all••n dau"' 111 Th ~ r uutr ;~~,tur w.lll m .. 11 ~tc-it a tton~ ur •crh-rnttnh for C"mr"O\ff\ pl aced b y or on IJeWfof'tht c ontnct•Jr •l:tl t' that ~I 4 11a hf~ appllt'anh •itl rttf'He C'fmWdtnh un fot t'mttlo\'mtnl •1thou1 ~ to ,_e, rrer.J l'ulur, n;Uiu n.-1 nnpn w ~ nunt• statu\ m,..,. alk'r\11) mental ur ph y ~ hatdac: •• • •· (.)' ~ ,.,,lltl'lfl('f trr "'" .,..nd '" t:.ach labur UJ\IG1 Of rrprnomutn t uf "'"~l'n with -....o. ht hM oolttriw: b~l •#f'«m\'nt u1 nth rr <'tt Oi f1K't ur u "*n-tlnd~nJ noe.irw tu lM' P"U'1~ hoy 1~ rontrwtina oflicrr, ad\Nna: tht bhur umun t..-~~~tort."~ tqrrr-.mtal~ nf the ron trxrur\ c umn.ttMrJtt undrr 1M £11.~ Ordn, (t.fu:tl 0,hlf1Unrf\ and Affinntt"r Ac t"'", dllt'd Apnl 16 19H and of the nalrs, rqlllat..,._-.1 ret~' an• Onf ,.,.., nf tht Cuu~mo r (<41 Th~ "'''lfnt<·tor and lahur URIOfh "'111 funu!ih all infonn:n•un 1nd rt'flortJi fY'qllirtd b hu:t~trw Ordtt, fttulll Opporrumt) and Affi rm a tl\~ A.t'tmn uf Apnl 16 197S , and h) lht rul .-.. fl:'JUiatiUn~ and Orden of~ ( • .,,t'm or '" 11ur.u .. nr thereto, and "'111 ltf'nnll «"ft',, tu ht ~~; ~s Je<'Of'd~ and K<'HU nb hv t~ rontrac lrftC a,~t•ll<' and lhe uffte~ t~f lh t' C.O\.:nru r ur ht~ dt--.i&;nt~ fur purpOW'S u( in~~~t tphon 111 llo(':ntain ('OMP••~ Y>llh 'ud1 rul~"'· lt"jNi ll lit•n, :and nnJ"" r4i, A l:.h•tt urJamral•un w.1ll not ndu~ an\ •ndi•idual o t ht:,...1!it' qu•l•fted from full nwmbnsh• nlhts t. •rh I:.LM., u,..nnaftun, nr e\J!d In\ ~u r h uuJI\tduijj frum ITk.'m bt!Nup tn wch l•bor ~ .,. dt\C"nmuutte av1un't a1n uf 1h ~mht:" tn tltt full rnto\JMnt uf •11rir. "Pit orhnury, hfoc au~r u f r1101:, c reed, L•liur ""'' II JIIIIuiJ ""aim . OrltiC'I!\11'). 16 1 A labur tt'J(Inll ''""' ot tht' t'mpl O\ft'\ or mnn~ '~"'''t """"nut ltd. abrt inc 1tt C'ompd or r orn:oe ~~~ dum1 uf "") II(" I dt>ftned '" th1s r untr.tt:t lu lit' di .... nmtnat ur ~ '"' ·~trucl ur prnt'nt lit)' f'C'MII "-'t rumrth inJI "''" the: pr"'""'"' uf thl\ t'untr«"t or llll\ 111'\kr 1\"'f'd thr""11ndtr .,,. lfltmpt, nfhn dt'"'tty w 1ndm·•tl\ I•• C'l tnllml lin) *' dt. fin'l'd tn thl\ l UfllrtK:t Itt tw dt~nnunat urv • • I • • - ( • • - I"'"' h \1 ~ll( 17 1 In thto """' nl th t r nnt~'"' ~ ttuu l'HIIljtli •tl<'l! •u h th~ non-dt'<rimmatKJn daus,r, of thi.,c:vntrxrcw 'lltith ~"' of ">U \'h ruk'\, rr gulallun,, UJ uuJr,.., lht ~ cuntr•:t I'IU) bt canc..-llrd, lnmmatt'd or w~d ilt v.'holr nr 111 p:.n .mJ tht contract ur 111.1} b..· d~.-r la~llllh.-ltJ;i ~r fur further Stak t'nntracb in accotd.anct •ith P""''-"dUtl'\ authunzcd tn b~ulh \ Ordt"t l:t1u•l Opportunih and Arfirmatiw Ac l ion of April 16. 1975 _.., thr rulr\ rrJUialtlln~. u r o~nJ..·" prurnulptr\1 111 X'C urdan~ thl."n'W.lth . and ,.uch u rh cr ~ncttur!i ao; INIY bt im puw:d and rrukdl.:-. 2' m.t\ l:k> 111\o,._t"i..,h flJ u \idtd 111 [\tcUitve Ordtr. Equal ()rpurtwuty and AffffMalM \lltt.M~ »f Apnl 16. I'HS. or b) mlc"'lo, n:xul:.tium,, ur wdrr-rrumul~l>:d til :tecordanct tbt:rtwith , or • uthn.,...· pruudrd h\ I•"· (~I Tht-conthCt••r •lllmclud.-th ~· rr••~i~ton, ••f Jl3r .. gnph ~ f l ltltnJUf,h (HJ in ncrv ~b-con tnrt .-d wt ... ~;t"Ur.tetu r purdu .... · unJ&."r unJl..,, l'\~mJll ~·d by rul e~. r~ll.II.:Jflun~. n r urck" '"w"--d puNUinf to Et:ttufh•t Onkr, l-lfual O,ponurur, and Affirm:z ii H' Action ol April 16 . 19 7S . ~o th ;u WL'h ru'U\tllons •ill bt btndiq. upun ~tach •.u h<urnro~c tur o r \~1\dur TI1ro .uulr:actur v.i ll takt 'uch ac tio n "'llh "''I'« I tn H) sub-contriC'flnJ or purch•~ urdtr :1' tl 1r ,·uu tnuiu;; agtnq ma y di~l l , .a~ a mun~ nf t'nforcinlli&K:h proritiiCIIftl. '-:1-.diq i.aN:Ito.HI\ for nun cumj•h:tnl'\". pronltlnl, h,,.,t'\t'r, th-11'" the t'\ltn tthr cunlrxtnr brtotftlh iM'oh't d ia. Of a thr.:atftkd V.ilh , htl ~ll •lll V.lth lhL· ~u hcoontr..c t ur 111 v~t ndnr -1 ~ ;a n·..Wr ,,f \U Ch drrechun by lht c untnw:t;., 4,Jitnn lhr fllllnk t•·r Ill-'' r~t lftl ~'' t h.· ~I .tiC ,,f <..tolor.tt.lu ru tnh'r inru 'IUCh litiphun to prat«l rh t' i•kftet uf thc-S1.11t' ufC..o.,nr.tUu 7 1 ~ b•\ ut lho· lii t.th' ••I t •olur.s.Ju Jlld rull., and ""ubttun' ""'ltd put'll,tn l tlwtt'lu ..hall M appht'd m tbt nll trprrtaticm t:"\n: utl"il J'lnd t'll lnht'ouo •II u l th ... ~unU:.cl \n\ prmt\lnn of fh" tuntrncl •fllrthn ur not iN:jlflt41f11IC':d hf'n·m h\ rt'fl'r:-nu •tuC"h rt'"\tdt"o '"' arhllrothnn ~ au~ 1'\l ra-JUdiclal bud,· or rn"-0" ut •hich is otlwnr.'N' '" ,.,,.,n tC"t "1th \Oil~ ~..:.., rul~ Jlld rrtul .. rto"' <Jl.,ll hr ('ttrNdt"rttf null :111d vOid , ~othin& mnaailwd in M} pruw•""-incurlMJJ".IIt'd h~ri'UI h\ n'lt'hl\ol' •·hkt, f'Ulf"'r1' tu nt<plr th1' ••r :1111\ othtr "'JW'C'i.al pro,.;._,iun M ..ttuk ur 111 fW'I ..taal hr '.lltd ur ntlottu.lhok ur a\:;ulo~Mt" rn an\ ac-uun al l:lv. v.ht'thn h,· "·~· of l"nmpbint. drf~ ur u thc-r.._ An\ r runvun f'l'ndrrf'd null .111d HINt b' th< "P.'r.111un nf rhto. Pf'tl\~lun wjlf nut im..aid.cc t h,• Fl'mall!dtr of IJ w. C'flltiFa('l I<~ the-t'\kUI lh:ll lhc u'"IDC:'t I'll c:tpa:o-.k nf t'\t'C'UliiiR. N lhl" "JIIillfurw' h r rdn aHT lhlll the-\ :nl' l;,nndU~r •1th llrt. lrt. \OJ r l .-q t 8nt.C"n• :ut~ (nrrupt lnftut~· anct IN-~ I . .:1 'oC'Q ,1 \bu.,..-,,f Puhf ... • OlfK"rt t R \ 19-, .. , arnrndl'd .:~nd th.ar no'iolallllnttf'll;:h ~il PJf"llrnl . • Th.-WJIUI.-, O:\tr dut 111 ttw. '-....,.kdir. nu ..ut .. nnpkl\« h.-. anv prt-..uRal or br~~~tf~ ~ •'hltM!ftt'r 111 lhr ""''~or,......,, ~ hrftom ~T\ H OF COLORADO RH :HtHIIIl. U!UI. 1;(1\ F.R,IIft I>£1ART\IENT ------OF M)o -- • • I • • • • ,. .. RESOLUTION NO. _______ , SERIES OF 1978. A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, RELATING TO FEDERAL AID URBAN SYSTEM PROJECT M-1154(2), DARTMOUTH AVENUE FROM LINCOLN STREET TO LOGAN STREET, CITY OF ENGLEWOOD. WHEREAS, the State Department of Highways and the City of Englewood (local agency) have heretofore entered into a Master Agreement for projects on the Federal Aid Urban System, dated December 31, 1974, hereinafter referred to as the Master Agreement; and WHEREAS, Federal Aid Urban System Funds in the amount of Seventy-four Thousand Dollars ($74,000.00) have been made ava ilable for an Urban System Project, identified as M-1154(2), for completion of roadway construc- tion on Dartmouth Av enue from Lincoln Street to Logan Street within the City of Englewood's jurisdiction; and WHEREAS, the City of Englewood has anticipated the total cost of roadway constru ction to be One Hundred Thousand Dollars ($100,000.00), and is prepared to match said Federal Aid Funds with said City's share in the amount of Twenty-six Thousand Dollars ($26,000.00). NOW, THEREFORE, BE IT RE SOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the certai n Agreement dated the day of , 1978 between the State Department of Highways -a-n~d~t~h--e~C~1~.t~y--of Englewood, relating to completion of roadway construction on Dartmouth Aven ue from Lincoln Street to Logan Street, is hereby approved and the Mayor of the City of Englewood is hereby authorized and directed to execute said Agreement and the City Clerk shall attest the same. Section 2. That said Agreement attached hereto, together with all exhibits attached thereto, is incorporated herein as more fully set forth. • I • • • • • Section 3. The City of Englewood is h ereby authorized to enter into said Agre e ment pursuant to the provisions of 29-1-203, C.R.S. 1973. ADOPTED AND APPROVED THIS _____ day of ----------' 1978. MAYOR ATTEST: ex offic i o City Clerk-Trea surer I, William D. James, e x officio City Clerk-Treasurer of the City of Englewood, Colora do, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Re solution No. , Series of 1978. ex officio City Cl erk -Trea surer -2 - • I • • • ·M 1154(2)-Oarbnouth, lincoln to logan • • - COi'TRACT t>FPAJlTMtJ\IT Ott AG£1ritC\ NUIIIIt.& 28 00 00 nus coSTRAcr. lft>ll• "'"____., .r 197_ ~ ....s-.. Su1o of Cclo...to foe tho"'" 11114 bmdil of THE STE,TE DE','PARTHENT Of HIG!floiAYS. DIVlSIO~ OF HIGHWAYS .... itufoor .. ,.,.. ...... -· .... C1ty of Englewood, Colorado _,.,_,.,....., ...... Local A9ency or as the Contractor, W£R£.U,-, abb in .. lAw 11114 F----pll04. a~-·-_. ...a.w._. ... ,_---r .. ,..na~a~~t~r .. ,.,..... .. F_,,.._~ C/1.-..r-52046 CtmbXI ~ ,.,..,_ 783b0 ·...I WUEAS. ,..-.,.-.-a.l -.dinJtioo .__ auompldlaod Irma-wldl _..... _.... .. WIIEIIEAS. punuant to TiUe 23, Onited States Code and the fti9Ula- Uona pro:nulgated thereunder certain Federal funds have bee1> ....S will .1D the future be, allo_cated for the improvement of cert.aJ.a routaa OD the deai9"'ated w:ban sy5tem and which are not on err Dtllar Fec!ttr&l-aid ayatem, hereinafter referred to as the pro~-= ....S IIIIEEAS, punuant to the aforesaid lawa and re9ulat.lon., roatH -the url>an ayatem are eli9ible to be illlproved under the p~ &t DD cast to the State: and EEJIEAS, tM State and the Local Agency have heretofore e~~terea J..Dto a muter agree-nt for projects on the Federal-aid urba ayate., to aa the master a9reement "'h.ic:h J.a incorporated berein &n4 ..a. a part hereof by reference; and WIIEllEAS, the word •state• aa used .1D this contract aball lie .,-nonymous with and interclum98able with the word "DivialOD" u UMttll J.n the master agreement: and IIHEREAS, Federal-aid w:ban system funds in the amount of $74,000 have been -de available for an urban system project, identified .. "1154(2), ~letion of roadway constructi1111 from lincoln St. east to logan St. on Dartmouth Ave . The prelilll1nary engineering fD1" this clllltl'tlct WiiS acc..;>lished under Job Nllllber 1'17354(2); and 'WIIl:P.EAS, the Local A9ency hu submitted initial design data · ID .O.R. Form 463 ) , dated J!!!!!._ ....!!_ __ 1_9_78 ___ ·,, to the State se~ting for~ therein preliminary ~etaila, in!orn~tion and eatim5tes of cost of this project, which data has been approved by the Statc1 and • .. I • - • • • - t~EREAS, the matching ratio for this Federal-aid urban system project is 74.00\ Federal-aid fund3 to 26.00\ Local Agency funds it being understood that such ratio applies only to such costs as are eligible for f 'ederal participation, it being' further undecstood that all non-participating costs are borne by the Local Agency at 100\; and WliEREAS, the Local Agency has estilnat:ed the total cost o f said work to be $100,000.0Qand is prepared to JD&tch said Federal-aid vith its share J.n the amount of $26,000.00 as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representati-. of the Local Ag"ency, a CDpy of which is attacbe4 hereto and made a part hereof; and WHEREAS, said ordinance or resolution also establish~ the autb- ority under which the Local Agency enters into this contract; and 'llllEIU:AS, this contract is executed by the State under authority of Sectioni 43-1-102, 43-1-106, 43-2-101(4) (c) and 43-2-144, C.R.S. 19 73. .. u.nde4; and lm£REAs, the parties hereto desire to agree upon the division of responsibilities with regard to t.bia urban system project; ana IIHEREAS, the Local Ag"ency .is Adequately atatr.ed and suitably eqllipped to undertake and satisfactorily complete portions of the vor.lt; and WHE1!DIS, the State certifies that such work can be JDOre ad- vantageously performed by the Local Agency. JlOti, TIIEREFOP.E, it is hereby agreed that: PROJECT PROVISIONS 1. The State will provide liaison with the Local Agency through the State's District Engineer, District --· located at 2000 So. Holly Denver , Colorado 80222 S aid District Engineer will also b e responsible for coordinat- ing the State's activities under this contract. 2. The parties hereto agree to comply with all of the terms and conditions of the master agreement, unless in conflict with .this contract, in which ease the provisions or this contract shall apply. -2 - • I • • \ • • • • GENERAL PROVIS IO NS A. The Local Ag e ncy will comp ly with the applicable pro- vision s of the State's approved Action Plan, including all Federal directi ves contained therein by reference, and wi ll take appropriate actions relati ve to the fol- lowing sections of the Federal-Aid Highway Prograa Manual: 1. FHPM, Volume 7, Chapter 7, Section 3, Procedures for Abatement of Highway Traffic No ise and Construction Noise. 2. FBPM, Volume 7, Chapter 7, Section 4, Archaeolog ical and Paleontological Salvage. 3. FHPM, Volume 7, Chapter 7, Section 9, Air Quality Gu ideli nes. B. The State will review said p lans , special provisions and estimates and aake those changes necessary to assure compliance with State and FHWA requ i rements. The State will afford the Local Agency ample opportunity to review the plans, special provisions and estimates, aa changed, and said plans shall be cons idered final when approved and accepted by the parties hereto. The State will provide final assembly of construction plans, special provisions and contract documents. In the event all or pert of the work is to he contracted, the State will advertise the call for bids, and upon concurrence by the Local Ag ency award tbe construction contract(s) to tbe lowest responsible and qualif i ed bidder(a). C. The Local Agency will be responsible for acquiring any additional rights of way required for the completion of the project, including any necessary temporary con- struction easements and/or easements for detour during construction. Prior to this project being advertised for b ids , the Local Agency wi ll certify in writing to the State that all right of way has been acquired in accordance with the applicable State and Federal -J- • I • \ • • • . . • regulations, or that no additional right of way is requ ired. D. The State will be responsible f or assur i ng that the Local Ag e ncy has obtain~d proper clearance or approval from a ny utility company wh i ch may become i nvolved in this project, by separate agreem~nt betw~en the Local Ag~ncy and th~ utility, i f n~ces sary . Prior to this proj~ct being advert is~d for bids, the Local Agency will certify in wri ting to the State that all such cl e aranc~s have been obta i ned . E. In the event the project involves modification of a railroad company's faciliti~s at a railroad grade croae- ing with the work being accomplished by railroad company forces, the Local Agency shall make application to the Public Utilities Comm ission requesting its order providing for tbe installation of the proposed i mp r ove- went&. The Local Agency shall also establish contact with the ra ilroad company involved for the purpose of: 1. Executing an agreement setting out what work is to be accomplish~d and the location(&) thereof, and that the costs of the improv~ment shall be eligible for Federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the work . 3. Establishing future maintenance respon- sibilities for the proposed installation. 4 . Prescribing future use or d i spositions of tbe proposed i mprovements in the event of abandonment or elimination of the grade crossing. 5. Establish ing future repair and/or replace- ment responsibilities in the event of accidental destruction or damage to the installation. -4- I • \ • F. • • • Th~ State, or the Local Ag~ncy with approval froa th~ State, will be respon s ibl~ for the supervi sion of th~ construction of the project, with periodic inspections by the FBWA. Sup ~r vision shall include, but not be liait~d to, field and offic~ engin~ering, inspection and mat~rials testing, and traffic control through th~ proj~ct area. 'l'he State will provide and mark appropriate detours around the construction area to prevent any disturbances of the progress of the construction work due to traffic and also to protect the traveling public. a. In the event that all or part of the work is to be accomplished by force account rather than contract as specified in paragraph E hereinabove, the Local Agency will insure that all work is accomplished in accordance with the pertinent State spec i fications as well as FBPM, Volume 6, Chapter 4, Section 1, Sub- section 14. Contract and Force Account. Work will nora&lly be based apon estimated quantities and fira W>lt pric:ea agreed to between the Local Agency, the State and the FBWA i n adYance of the work, as provided for in PBPM, Vblua~ 6, Cbapt~r 4, Section 1, Subsection 6, paragraph Ub. Such agreed unit prieea shall corusti- tute a caaaitaent as to the valu~ of the work to be perfonaed. It aay be agreed to participate in the work based on actual coats of labor, equ i po~ent r~ntal, ... t~rials supplies and supervision necessary to complete the work. Wh~r~ actual costs are used, eligibility of cost items shall be evaluated for compliance with Federal Procurewent Regulations Part 1-15. ~tal rates for publ icly owned equip.~nt will be the second shift rental rate per hour a s established in the State's Construction EquiPMent Rental ~te Schedul~ dated July 1, 1977 or subs~qu~nt revisions th~reof. All force account work shall have prior approval of th~ FBWA and shall not be ini tiated until the Stat~ has issued -s- ~ J, ,.~,. I t \. .. _., · ... ,. ~ ~-~ I • • -\ • • • - a wri tten no tice to procee d. The Loc al Agency shall. during all phases of the work, permit duly authorized agents and employee s of the State and the FBWA to inspect the project and to inspect, review and audit the project records. I. The Local Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and to make such materials available for inspection at all reasonable times during the contract period and for 3 years from the date of final payaent to tbe Local Agency. Copies of such records shall be furn i shed by the Local Agency if requested. J. The Local Agency wi l l maintain and operate tbe i.provements • constructed under th i s contract, at its own cost and ezpense during thei r useful life, in a manner satisfactory to the State and FBWA, and wi ll make ample provision for such ma i ntenance each year. Such maintenance and operat i ons shall be i n accordance wi th all applicable statutes and ordi nances, and regulati ons proaulgat•d thereonder, wh i ch define the Local Agency's obl i gation to .. intain streets and street fixtures. The State aDd l'IDfA will make periodi c iDSpect i ons of the project to werify that s uch i mprovements are bei ng adequately aa i ntained . Jt . The St ate wil l admi n i ster t he IDeal Ag e ncy and Federal- a i d funds f o r th is project in a ccordance wi th t he f ollow- i n g prov isions: 1 . Co sts i nc urred by the Loc al Ag ency The Local Agency will prepare and submit monthly charges for costa inc urred rela- tive to the project. ~ Local Agency will prepare project charges in accor"- ance with the State 's standard policies and p rocedur e s. Th e State will reimbur se the Local Agency for the Federal-aid share of the project charges -6- ·~: . ..._;.··. •;J • ;\ • ~ I • \ ( • • - following the State's review and approval of such char ges. Ch a rges incurred by the Local Agen cy prior to the date of FHWA authorization for the project will not be charged to the project. 2. Costs incurred by the State The State will prepare monthly estiaates of construction costs and/or other costs incurred by the State for work performed relative to the project. The State will prepare said estimates in accordance with the State's standard policies and pro- cedures. As funds are ~nded during the course of the work, the State will bill the Local Agency monthly for the Local Agency share of such expenditures. Upon completion of the work to be per- foraed under this contract and acceptance thereof by the State, FBWA, and the Local ~ency, the State will submit a final recapitulat i on of project costs to the Local ~ency and a final billing for the balance due of its share of participating costs plus all non-participating costs. Upon receipt of each bill from the State, the Local Ag ency will remit to th e State the amount as billed. In the event tbe Local Agen cy shall fail to make payaents to the State, as agreed, it hereby auth- orizes the State Treasurer to withhold the a.ount of its outstanding obligation hereunder from the allocation due it from the Highway Users Tax Fund, as prescribed in Section 4 3-4-2 09, C.R.S. 1973, as am ended, for any city or incorporated town. Interim funds, until the State is reimbursed, -7- • I • • \ ( • • • - shall be payable from State Highway Supple- mentary Fund (2001). All funds expended by tbe State for the performa nce of any work under this contract or relative to the ad- ministration of this contract shall be charged to this project. L. It is understOOd and agreed by the parties bereto that the total cost of the work stated here inbefore is the best eatiaate available based on the design data as approved at the time o f execution of this contract, and that sucb sum is subject to revisions agreeable to the part ies prior to bid and awa rd. The Local Agency has the option to accept or reject the proposal o~ the low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection at the award conference. If the bid is rejected, costs incurred by the State in project development will not be eligible for participat- ion by the FBWA and •ust be reillbursed to tbe State by the Local llqncy in confonaity with Section 43-2- 11&, c.a.s. 1973, as amended. M. Following award of t he construction contract(s} under paragraph E. above, no further revisions in design data or cost estimate shall be made except by agreement in writing between the parties. By indicating ita concu rrence in such award at the awa rd conference. the Local Agency acting b~ or through its duly author- ized representatives, agrees to provide additional funds if required to complete the work under this project if no additional Federal-aid funds will be •ade available for the project. The total amount of such additional requ i red funds will be determined at the t i ~ of final b i lling as provided in paragraph lil. above. The p a rties hereto agree that this contract is contingent upon a ll fund s des i gnated for the project herein being -8 - • I • ( • • • • made available from Federal and Local Agency sources. Should these sources, either Federal or Local Agency, fail to provide necessary funds as agreed upon herein, this contract aay be terminated by either party. Any party terainating ita interest and obligations herein ahall not be relieved of any financial obligations which existed prior to the effective date of such teraination or which may occur as a result of such terainatlon. N. The term of this contract, except for the provisiona regarding aaintenance, shall continue tbrougb tbe caapletion and final acceptance of this project by the State, FBWA and Local Agency. Tbe covenants with regard to aaintenance of the improvement. constructed under thla contract shall remain in effect in perpetuity or until such time &a the Local Agency ia, by law or otherwise, relieved of such responsibility. 0. During the performance of all work under thia contract, the parties bereto agree to ~y with Title VI, of tba Civil lights Act of 1J£f, the salient pointa of wbicb are ~own in the .andiacriaination Proviaiona attached hereto and aade a part hereof. P. The Special Pravisiona attached bareto are bereby aade a part of this contract. Q. This contract shall inure to the benefit of and be binding upon the partiea, their aueceasors, and assigna. -9- • .., : I . - ( • • • • IN WITNESS WHEREOF, the parties hereto have caused the fore- going Agreement to be executed the day and year first above written. Chiel Clerk APPROVED: DAIIJ S. WHITTEMORE State Controller By ------------------- STATE OF COLORADO RICHARD D. LAMM GOVERNOR STATE DEPARTMENT OF R:IGHWAl'S JACK RrNSTLINGER EU:CuTIVE DIBECTOR DIVISION OF HIGHWAYS By ;;--.;--..,""..-------E. N. HAASE Chief Engineer APPJIDVED: J. D. MACFARLANE Attorney General By----------- CrTr OF ENGLEWOOD, COLORADo By ------------ Title:. ____________ _ 10 .-.; 1 . · .... ~ ... ;·· · .. :::;; I .I I • • • - • • •' /_( 'c:IJ;_ ;lfil:. NCY h'[.')( lf I I!/( JN r Jlt' r JN/ J!NilNt:E 10 HI-Ill !11('11/'/) !0 lAI C//!ONV f,'0/'11~:; ( • \ ' . -1 ·. ~;:--·: .. . _.,.:: .. -I ' ' ' '-·., ·,. •.-.. ·, . .. . ,. .. . ... ~ I . \ •' ( ( • • • ,. • Nove mber • 1977 Nondiscruninat1.on P rovisi ons: In compliar.ce with '!'i tle VI of the Civil Rights Act of 1964 and with S"!ctl.o n 162 (.J) o f the Federal Ai d Highway Act o f 197 3, the Contractor, for l!3~l f, ~ts assignees and succes sors in 1nterest, agree as follows: A. Cor.ol 1anc ... wi th Regulations . The Contractor "-'ill com?ly w 1~h th ~ Rcg ulat1ons of the Departmen t o f Trans~ortuti on r e lat i ve to nondiscriminat ion Jn Federal ;y -ass~sted programs of the Department of Trans o rtation (Tltle 49, Code of Federal Regula- tlons, Part 21 , hereinafter referred to as the "Re gulatl.o ns"), which are herein incorporated by r e fere nce and made a p art of th1 s contract. B. Ho n d.Lscrirr,l_!'dt l on. The Contractor, with reoard to t he wor~ ~e rforrncd by it after award and prior to co~p l et~on of the contract work, will no t dJs - crim inat~ on ~e g round of race, color , sex, or national orig1.n in the selection and reten tion of Subc o ntracto~s , includ1ng ~rocuremcnts of mate r i als and leases of equipment. Th e Contractor will not partic ipate e ither di rectly o r indirectl y in the discr~m i n ation p r oh~bited by Section 21.5 o f the Regulat l ons , incluC~ng emplO }~e nt practices when the contract covers a program set forth in Appendi x C o f the Re g ulations. C. Solicitat1ons for Subcontracts, Incl ud ing Procure- ments of Materl.als and Equioment. In all s o licita- t~ons either by cornpe tl.tive b1dding o r neqotiatio n made by the Contractor for wor k to be pe rformed under a subcontract, including p roc urements of mater1als or equipment, each potential S ubcontractor o r supplier shall be notified by the Con tractor of the Contractors' obligation s under this contract and the Regul ations relative to nondiscri mina tion on the gro und of race , color, sex or national o r 1gin. D. £. lnformat1.~n and Reports. The Contractor will pro- Vl.de ali 1nformat1.on and reports required by the Regulat1ons, or orders and instructions issued pursua~t Lhereto, and will permit access to its books, re co~ds , account s, other sources of informa- tion, and itl facil~ties as may be determined by the State or the FHWA to be pertinent to ascertain co~lian ce w1th such Regulations, orders and in - structlon s. Where any information req uired o f t he Contractor i s in the exclus1ve pos sis sion o f another who falls or refuses to furnish this information, the Con ractor sh all so certify to the State, or the FHWA a s appropr1ate , and shall aet forth what efforts have been made to obta1n the in format ion. Sanctions for Noncom!l i ance . In the eve nt of the Cont ract or's noncomp l.ance with the non-di scr i~in ation p r ovisions of this contract, the St~te shall impo•e such contract sanctions as it or the FHWA may deter- mine to be approp r jate , 1ncluding, but no t limited to: I .~ I ·I I • • .. ( • • • • (l) Wlthh ::>l <l >ng of payments to the Co n- tractor unde r t he contract unti l the Contractor comp lies, and /or; (2) Can c ellation, ternunation o r s us - pen sio n of the con tract , in whole o r ln part. f'. Inco rporation of Provisions. 7'he Con t racto r \•'i ll inc lude t~e pro v1sions of Parag ra p hs A through F in ~ve r y subcon ract , inc luding ~r ocu r ements o f mater1als and leas es o f equ1pmcn t, un l ess ex P ~p t by the Regulations , o r ders , or i n structions iss~e d pursuant t !'le r o;:! o . Th e Contractor ... :i 11 tak e s uch action v.·1. th re s pec t to an~· s ubc ontract o r ?r ocure - ment a s the State o r the FPWA mav direct as a me a ns of ~nfo r c1n g such p rovisi o n s inciuding sanct ions f o r nonconp llance; r..o rovlC!ed, h o-.~·ever, t h at , in the event the Contractor becomes inv ol ved in , or i s threatened wi th , l~t 1gation wi th a Subcontractor or sup p l ier a s a res ult of such direct ton , the Contractor ma y request the State t o enter into such l1t ig a tion to pro t ect the i nterests of t h e State and, 1 n addition, t he Cont ra c tor may r eque st the Ff!WA to ente r lnto such lltiga tion o p r o t ect the i nt cres s of the Un1ted States. -2- • I • • -\ ( ( • • • • ~I' I ( I \I PI<U\ lSI< IN~ CONTROU£R S AI'I'Mt)\ ..\1. I Th1-. l unu.~~t •h :.llnol two d ~t'll\('d I.JI.d 11 1111111 ~ll .t ll h :t,~· htcu •'l'l'nlh •J h1 thl' (unlrnl'" ,,( lht Sl:ttt:' of Cn-lur.tdu ur •udl ii''"I.JIII .t' lw 111.1\ d~ij.;M..Ih" I ll! .. r ru\l .. ion , .. artllt.:.tlllt• l o lUI\ lUOif,Jll 11\\lll\lnf!: lhC' ('Iii~ mmt of ln!IN'\' h\ lht• ~IJ!r .. Ul\0 .4\ All..\IJILil\ 2 •Ulli A(Illl ••hl11:.11n•••' ''' llh c;,,,,. l'·••.t M•· .,,,,., th, r11 rn·nt ,, ...... 1 ll"ar :lh'•'''"''"~""' Upi•n fund, for rlur I'UfJW~· ht'llljo! 3rt''''l'rl,!h:d huJ:!,Iril .md ... h,.,.,.,..,. m.tdo· Jl :ul:thlr I hi, l iJ!II r'otC I 111\tolll'' TJ o• f'"' ;Ill Ol >If ltlf>f\' lh:111 ~rl lhotU,:IIIt.J doJIJ,jr'\ (!If lhr (IIO,fnh,:IIIIR, I'l l"(' • , ~('lair. iml""h':n•·•n ut .1111 hutiJ,n~. m:MI . t\ud!o!''· ll:tdu..t . IU!Hkl , <'\C:J \,Jiion or ut hrr k •od. for thi!. Sralt·. th,• ' .l t lur 'h 111 iwiHh' t'Ai crtll ;! Ill"'" lh•· ~rf urfTl:lln r,• nt a n ~ \Uf'h v.ml.. tncl duf} l:'l'I.Ui l' and d1• lu :tnd fij<' v.u l't lit, ,ffir ~f V.hll">>.' ,jg_nJIU ft' 31'fWJl' hl'fu\1. f 1: Sfatt . .3 JICMid and ~mc ... ·nt hitnd tu tw Jflf' .t tn 'Oi td ulhr ul ''' .t rrn.tl ..urn nul fr,, 1tun ''""·ha tht In ial amount pa'alt&r b~ rhr lrrm' uf lhh • ""''·" 1 hoon d ~h.tll h, duh ,.,,.,·ut"d h\ a 'lualifit•d ,. ur:II Y ..un·t• ctJ ndittun,•d for tb r dul' .tlli.l l:ulhful fW'rfurmall•'•• nl rl t, lh,tl d thto t'•llllr.t•'hW Hr h1' '*•· ..& l:.h't'pl -'' ltlh•rv.•.._ prou duolla" .tii.J rt"UIIt'' ur uu uh " •'lllfllou nk'lll ul l.tf'tt'f't'l' "' mrclutu.' 1n th•· ··u , I tun alh·ration or f"rJJIIir of •Y huildutj! ur urh~r 1 ... "'"' .. '• '-'•'Ill htj!.h•.th, ht ~.h.,,., hnd,_., undup:~•'>t'• a •I'I U~.tl lunth ''' thr 1\r :.tt' lhr r.Ul' ul ""·'f-1' lur all l.thun-n. :md rTk'•' ~o.'Unl r.t•'"" "' ,u~·.u .lr.t •lut ••n lth bwldut\! '" ruhl-. •uri. ''"""d b' ftl,, runtr-,u'l ..h.ll P«''••ll • r •ol """~~'' lm ""'"'-••I" •tmtl.tr n:.lun tn thl'•'tl\ '''""" \til,.~!'· ur ulher C't•il •Uhd l\lWiolllt ,. hu1IJm ~ 111 ••lh,·r publ1 1 "''''6. t• lt "-~l r d l>.,putr • "''J'r•lln~ ftll'\ltil tn, f'.l fl', ••II h,· rl'lloUil r."d h pr ·101 . lNS Ji'-'· .t~ .tnw uJf"d DISCN IMI,.\TION o\.1\U \ .. fl){\f.\ll\1· ACTIO' ~. Thl' l'UIIIr4.:-lor l!Jft"'~ Ill ~utnltf\ •tlh tbc-lrth•r ~mJ ~~ hf tflr (!llnrJ.Ju A.ntidi~MinatiOft Ad ur 19$7, 1ft .-nr-aded., ~nd nthcr appiM:11bW '•• "''fk'l:ltn &•·h""nmmllltUil.and un(•r rmp4unnrnt pnr'IICO (UU.JII . CltS r•n ... , amended I. :tud"' r\''fllll't."d h• l\'""'"t OrJrr b~ual Opportumf\ and A.tfrnnati•r Ac-ttun . dated A.,nl16, 197~ hl'tiUintl,t'rnt~, th~ luHo~~~omt f'TIIII\IUft\ oJuJ/1 ht-fmrl•rt. d 111 1111 .\tQit' nmtra I\,, $M/H'tMttW'ts. (II Tb,• l'lllllt&o.l ur •ill uut dNrutumtl ~ .tltitlll\1 "'"' l'Wiplu~tt n r arpliunt for nnf'IO\Imr-nt bef:~M~r or rM'\'. ~d l'tilm u .. ltun:al nn)l.ln .,.., rru.nud ''.thl' n'lt p on, lrK't\lf\ mrntlf or ph\ \ICII h-..lir •• • • Th. ,·uufrlll'lnr •t41 l:d..t :.~flimur"•' .t~.lum Ito tn\Urt that ap phcanh art' rm1•loyt:d . and 1tu1 ttlllp6eyeft -.: lrt•alrd dunn ~t • '"lllm mcnt, \l.llhuut '~"'""d lo dtr abmt> mtnriunrd charx-1rn'cin Such *'""" \hall Mdttdt, but ttul I.-itmitrd 10 lht lnf1.,•1111f ~rn plt" mtnf. tlplfadinJ. d t-tntllton , nr Inn\(~. ~~ ..... w h'C"nllllllt'nf .t<hatNng.. 1.1\·0if, ur tr-nntn.tltou, nit-<. uf f1-'} ur u thr-r funno. of C"'frtJM'n~tufl , -.d ldftott• lur 11'111n111J.. lnrlutJmg af1j11'C'IIIM.'nfll(l The t'UIItl'Kinr JIJtt't"l Ill pu\f in C'~OU' pCAoro;, ~ailelll6r-IO rmrfiiH"n ,md ~pl ll'JIIh fur C'mpiU) mt'lll IIULIC't-Ci IU hr proudt-d h) fht C'Unll'llding o(ficn M'ltJftC ferD pnn !'Ifill~ n( lhh n n tt..dt"l'OmiiiJihllll ciJI U!Iot 111 Thl' c u ntril lor •1ll tn .. 11 'oht'ttulmn~ or .chtnhC'IVtll' for nnplo\~ phw:rd b y mo..~~ of'ltw (.Of1 fnt'htr ,fait fh:tl all lj lla ftfi~d appfft'anh 'Allf tectnt Conildttahon ffM' tmptU\Imtftf .. 1thuu1 rrpnl fO ,.... r . crt'C'll t'tltur n.tfto~tul ftnJtn . o;c~ manta! Slllu~. rf'!t,_. aiK'~I'). menial of pfty.e.f "-dtcip. • •· (JJ 1M c onfr«"tur "'" wud tu ~h labur uruon or ttprbmlJIInc-uf '"'(H"~tn ..nh whkh ~ h8'1; oollft::ti¥e b~l »:Jr«nwnt ur n1hn t'unlnK"I o r u'*rst.ndtnJ notin lu be pru•1dfd by tht cont.-.rtina oftk.tt achhtftl tht labuf unum 1M •<Mil.rn' rqJrt"'ol"nltfivt nf thC' con rractor·~ cumm.nMtnt andrr tht Ea.~ Ordn. (!ftt.JI Oppolftuttm. and Affinnalt\f' \CtfOft , datf'd \pril If\. I '9'1S and or tht-NIH, "''ultt~. _. rrff'\lnl Ord··" ,, t hf' eo,~mor .... Thr C'Ptll rM'IOr and lahor UOICHh \1.111 runmh all InformatiOn and rqJOI"U n'qtHred by Ennthot Ordn. Fl.fual Ol'porlumlv and Atftrmlltl"t Ar ttotn uf ~pnl 16 19 75. lind b) thl' rul t'\. rt'&ullltons and 0rc1t-n of 1k l-•1\t'mur ur IIU ~llnt thetc-tu . and ..,u,~nmt .K'(C'\!1. lu h" book~ ~ord ~ lind k C'uunb hv 1ht conlracll"' att• th \ llld l hf' uffk.f' u( lhl' (,mr:mur IU h t.!o dl"<.tgn~t fur ptii'))OSor\ uf IR\t~tl&atton Ill I'~Ct:Ttatn C"OMphancr Y.tlh \U\.h rult·~. ftft\lfllltHn' a nd Hrdtl'\ f(J A l1h1,, ura•n11111un .. ,u nol t\dudt On\ mdt\tdu:d uthrrwt!if' ~u11tr~ rr o m full mc-mbrl"!ilup nahb M IIUt'h lo~O..•r u ntt.a ltUn , ur r-.IMi a"' uc h tHUI\tdui&l fr u m rtlt'mbf'rJup "' ..uc.-h JabOt ~ or d'""'"""'" •l!*"'' •m uf th mrmhr" 1n tltr rull ""to" mt'nl uf •uri( "Ptturtunrty. l»cMi., uf rwt, tfftod, u"'"' "l\ llll luwll un1!1fu ,o r:.~t iCC''I " 161 " l1bur 11f¥1ftlltltutt or lht rrn1\IO\ ~\ or mt'mbt-n l~lt'ul •ill nul atd . abet. incltt> compt't ot ("QftCt' tlw-d u.tti .,r 11n) .:1 d. finrd '" tht~ ,-untr .. cl tu '"' d•.,. nmrnatur} ur o~tru('l ur prnrn1 tn\ rr~ ,.,.. Cl tmf"~ '"tl ''llh lht: "''"''"'II ' u l lhr\ 'unlr..,l o r '"' 11rder "'UC'd thf-FYundC'r ur atltmpl tlthn dtft'Ctly 01 tudm" th l ~o cummu M) »~.I dditk'd in ttu~ UHllrot~.t tu hr d..!oCnmm•turv """' u f Z • I • • -\ ,. ( • • • ,. • I unnf, \( ·02<.' (7 1 In th~ t"\f'nl .,, rh c Cflllff!tl.l ••r "'llh.'l)n\pll .tl;t'~: •••t h tht: nun.dN'nmlnatiun d~ or tMs euntrxl- v.ith an~· of ..uch ntl'-~· rC"p tlah un ... "' u1lkr\, thn. cufttr.-.·1 rna) hr canttflr.d. ttrmmatcd or ~ • •t.olfo 01" 111 p:n1 .mJ lht contl"ktur IIIJ) b.. d«lart>d m d 1Jjbft' fiK furtht:r SUitt" cuntracb in .~tton&.cfo -.ith prol("edurn. authunzcd In l:.u'CU II\~ oY-dc-r . (tj U:.I o,,porlunit\ and Affinnatiw Act.lon of Aprill6, 197S- fht' rul~. l'f'JUI:UiotnJo . u r urdt'f' p rwnulph.•J in .-curdance thnr•11h. and w r h IJihrr fil.nC'dutts as may 1M' impustd and reme!dk' "~\ lk' lll '•""rd. a' prt"'ided in Euculwt Order. Equal Of!portu.aity and AffmutM .\t·ltuA »f April 16 . 1 ~75 . or b) rulr,, n·aul.o~r•ut~ ur urdrn rrumuJ,..h:d in »eeordana-lh~rrMth , or • ofhCTA'i!tf..• prmukd h \ 1<~•. (HI 1M COil fnll'lflf •·ill mcludr th"· pru\i!litOn ' u ( p3r.lpaplh ~II th~ Hi I i n ru·ry )U~~rnct ..d .. uh-t·untr.Ki u r purc h.~ ..... unJ .:.r unJt.,.\ l'\t mttk•d by rul~. rtpabt•om. nr orde" i\Sikd pu~t to E~~:~ti\'t On.J e r, l:.'fu•l O~ponum{) and Alfinn:~ll\t" A•t•on ol April 16. 197S . "o thou Wt"h rrmilions ..-ill M bindiaa upnn each .. uh.c-untr.JCI•tr or 'tndnt n'". out.r:Ktur •iU tab "'K"h action •ith mpect ((I :In)' su!H:-untnctina or rurthaliC uh.ltr :t\ the C'ulll'*-'llllf: lt:ICIICY ma ~· dirrt f, at a rntan ~ of t"nforcinJ such prorisions. iKiudiq ianClion'li for non·c ••mt•li anc~. pm•H.It·\J . h·••e\~T. th.JI •n tho: f'\enf lht c-untractnt bee~ i~ i•. or ill th~ •ith. hh~ll"n ••th tht ,uhcnntn.:I•IT nr wndnr ·":a n·~t nf \oU ch dirutton by the cuntrxlilla ~m:y . th r cnntMk'l "r m:n re q••~ '' 1 h ~ ~t.Jlt uf (..ulur.u.lu 111 enll'f int11 wc.h litiption to protrct ~ u.tnrca uf tht St:.h~ of (..ufnr:nlu I"" ,. ~ ttnr :ru• :awhcah6t In thi' C'f'"'ract if :lh' :lTC' undt"rl :l .. l 'll h l'rt"umlt"r .111d o~r.· fm:m c,•d 10 "'hull" nr m .ITI G~NEUL 7. The la•\ nf lhl· c;t:.lt.:' ul ( ulnr.~Jn .uul ruk' a nd H'IUbltHn ~ ""ued pur.u:.nl lhnt>tu ... bt apf'ltied ia lht int rrp~tiun . t"\Ct'UI.Io •ll and .-ulurC'l'!Uo•oU of ll1i-. .:u ntr.act. ""'' pnwkin n of thi-. r~tnct wfllrfhrr nf nCIC iN:urp.~tcd hf'n•in h\ rt"ftrc •Kt ~o~oh k-h f'rl•Hde' tur arhitr.1tinn by an~ t\..ITI·Judll'ial boch or rn"''ft Of" •hith il ol..,_i!it in ~>onntCt •1th \:uJ b•· ... rule, .1nd rt·~tu1<4tion .. ..t1 all he-C'u~Jl'n'd nWJ :and HMd. ~h•na ~ M M\ pwn...._ incot'l"lf.IH'd hcrtUI h \ n•ft"r.·nc~ "'ilir h purrorh to Mptr thro m an\ n ttwr ~ ~ • whuk ur Ul part ..Jlall ht \alid ur ,·ufnh ~.lhk n r :n :u l:lhW h1 :an\ x ltoll at law. w.-lk"thn M •2\ o f t"'' ..... l . dt"teww ur uthnWI!IIr An~ rrU\i..tun rf'ndt•rt"d uull and u•ki b t thl' n r-·r.1 tim• uf th" pn"i-.ton •• not innliU&e th.• h 'maendn' uf thro ~IUIUK'I 1•1 the r \h'tll th:at lhl' l'lllllr»el i\ ClJJIMt' n ( t'\n'lltiun. )( llw .,.t:uaturw .. h r rl'tll :ut"T th111 lhl.'~ :n r fllm1IUr •tlh ft(.f\ lOI rt .-.I t .. bn}. ;,~nd ('ftfNpl 1~, _... IM-H-oMll . rt ~. f.o\bw..._. ufPuhlk· Offwt"l .l R '\ 19'\ "' arntadtd,and th111 no'iobtHM'Inf-... ... ,...._. ,.... .. • Tht-wipat~ ,:\rr U.ac 111 thdr l..•tuw.·t,·dtr. nu libll' nnrlmu b... an y ~ or bntrdll ill~ w.·UttiOW\orr 111 tht """'K"P nr ,..-rt> ~ lwn-ln . If\, --1TNESS '-HEREOF ttw part.n hrrttu ha""t' r \ttUtt'd du~ 4-jtrt'f'lntnt un tht da ~ ftl SH Tl OF COLORADO RII :HARU U. UM •. c;on:R'\CIII'I lJEJ'ARl'IENT OF ------~~----------__, •• • I • ( ( • • • .. M E M 0 R A N D U M TO : Honorabl e Mayor and Members of City Counci FROM: Andy McCown, City Manager DATE: July 13, 1978 SUBJECT: Six Quarter Budget Attached is the Six Quarter Budget for the period July 1978 th rough December 1979. The following are suggested changes in th e bu dget which have been incorporated into the Six Quarter Budget. A re- solution is e nclos e d to amend the Six Quarter Budget accordingly . 1978 Budget Changes Revenues 1978 1) The City has received payment from Littleton for right-of-way along the sewer interceptor line for approximate ly $21,000. This revenue source was not budgeted for in the PIF. 2) Tax is anticipat ed to increase overall for 1978 in amount eq u al to $48,500 . Both vehi cle and building use has shown gains this year with the most signifi- cant gain in vehicle use tax . A ro riations Chan es 1978 1 Nort Central III -As noted earlier in a report the bids for North Central III Storm Drainage exceeded the budge t by approximately $101,000. This was due mainly to an increase in construction costs of 20%. The funding for the $101,000 comes from the following: $ 9,000 $ 20,0 00 $ 5,000 $ 47,000 $ 20,000 $101,000 Misc. Revenue (right-of-way sewer line noted above) l Eliminated City Survey ,from 1978 budget. Lehow Bridge -State Highway Committee is granting an additional ~25,000 for this project which reduces City's share by $6,000. Use Tax revenues as noted above. General Storm Drainage has a balance of $27,000 remaining for any miscellaneous expenses that might be i ncurred. $7,000 will remain in this account for miscellaneous expenses . • I • ( ( c • • • .. .. Honorable Mayor and Members of City Council Six Quarter Budget July 13, 1978 Page 2 The Council approved this recommendation at their June 19th Council meeting. 2) Sinclair Pool Bathhouse -The CouLcil on June 5th approved the bids for construction of the Sinclair Pool Bathhouse in the amount of $109,605. In order to fund this project an additional $11,855 was needed. The source of funds came from the remaining balance 3) 4) 5) from the right-of-way for the sewer line from Littleton. River Development -The second nine holes of the golf course was planned to be filled with sanitary landfill material to bring the elevations of the land up to original specifications. However, it has been determined that a sanitary fill is not the most desirous alternat ive and indeed that fly ash and bulk material, such as concrete, asphalt, etc ., would better serve the purposes for fill material . As a result of this change the elevations for the second nine holes have been lowered and a new topography of the land area needs to be completed as soon as possible . The cost for a new land topography is es timated at approximately $16,000. The funds for this project are coming from the balance of $19,248 left from Evans Avenue Paving which has been completed. Library -An additional $4,000 is needed for the library in order to complete the project. A number of items was found not to be included in the project estimate or additional costs in construction . a) Sewer tax fee of $1,500 . b) Handrails for the handicapped $2,500; landscaping and sprinkler system $1,000. c) Addi ional concrete to make the floor level $1,000 . d) Miscellaneous costs overruns $2,500. Part of these costs can be funded from the $5,000 contingency in the project, but remainder will have to be funded in the Six Quarter Budget. The funds for th additional $4,000 are coming from (a) $3,000 remaining balance from Evans Avenue Paving (refer to item 3)and (b) $1,000 remaining from the Lehow Bridge Avenue projects (refer to item 1). Paving District No. 25 -The right-of-way acquisition for PD 125 was originally estimated at $51,000. However, it • I • - ( ( • • \ • • Honorable Mayor a nd Members of City Counc il Six Quarter Budget July 13, 1978 Page 3 6) appears our a ctual cost f or r i ght-of-way acqusition will be $81 ,50 0 by current apprai sa ls . Th e a ddi tional costs are a resu lt o f: a) Shoshone Street being added to t h e Paving District $10,000 for right-o f -way acquisitions . b) Appraisal fee of $5,000. c) Closing costs on contracts $4,900. d) Retainer wa lls $6 ,500 . e) Purchase of trees and other improvements from pro- perty owners $4,000 . TOTAL-$30,500 Funding for the additional $30,500 is as follows : a) $1 0,000 f r om the Miller Building cost estimates a r e fo r $40,000 instead of $50,000 estimate. b ) $12,000 Handicapped Play Equipment . The City has been working on this project since December of 1973 with no progress . Twice the City has received matching grants and we feel it is time to eliminate this project and return the $12,000 matching grant and use the City's portion for another project (PD 1125). c) $8,500 Belleview Storm Repairs. $10,000 was left in Belleview Storm Repairs for a study on the Storm Drainage problems that exists in the park. Only $1,500 was actually spent for the study. Therefore, we are recommending that the $8,500 balance be appro- priated to PD 025. TOTAL SOURCES -$30,500 ~raffic Improvements -The School Board had requested that the City survey school crossings to determine if any changes in traffic signals were needed as a result of the closing of schools and the re-routing of children to other schools. The City's survey showed that two crossings needed additional funds to comply with the school changes. The wo areas are: l) signalization • I • • - - ( ( ( • • • • Honorable Mayor and Members of City Coun c il Six Quarter Budget July 13, 1978 Page 4 7) at Clarkson and Dartmouth $8,200; 2) mid-block signal south Kenyon on Logan $1,500. Presently, there is a balance of $8,200 in the Traffic Improvements Budget and the additional $1 ,500 will come from the remaining estimated balanc e of Use Tax. Dartmouth Im rovements Lincoln to Lo an -Last year Improvements were made to Dartmouth rom Santa Fe to Lincoln Street. The original plans were for these improvements to go on to Logan, but the State did not have sufficient funds so the project was cut back to Lincoln Street. The state now has funding for this project and has allocated $100,000 to complete these improvements to Logan of which the City's share will be $26,000. Funding for this project is coming from a reduction in the Street Overlay Budget by $26,000. However, the State has informed the City that we will be receiving a credit of $26,000 for improvements made last year to Dartmouth. At the present time this credit of $26,000 was verbal by telephone on July 12, 1978. Once the City has received written confirmation of this credit of $26,000 it will be re-appropriated to the Street Overlay Budget. ---~elft~ cCown Manager /j lw attachments • I • • - ·. ( • • • • RESOLUTION NO. t-\ \£\ , SERIES OF 1978 A RESOLUTION AMENDING THE 1978 BUDGET IN THE PUBLIC IMPROVE-MENT 1'1JND. WHEREAS, the City Council of the City of Englewood, Colorado, is adopting the Six Quarter Budget for the period July 1978 through December 1979; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows: Section l. The following estimated appropriations and revenues are hereby made in the Public Improvement Fund. Section 2. Source of Funds Miscellaneous Revenues Use Tax Return of Grant Appropriations North Central III Sinclair Pool Bathhouse River Development Library Paving District No. 25 Lehow Bridge City Survey General Storm Drainage Evans Ave. Paving Belleview Storm Repair Handicapped Play Apparatus Miller Building Dartmouth Improvements Lincoln to Logan Street Overlay Traffic Improvements $ 20,855 48,500 (12,000) $ 57,355 $101,000 11,855 16,248 4,000 30,500 (6. 000) (20,000) (20,000) (19,248) (8,500) (24,000) (10,000) 26,000 (26 ,000) 1,500 $ 57,355 The City Manager and Director of Finance are hereby authorized to make the above changes to the 1978 Budget in the Public Improvement Fund of the City of Englewood. ADOPTED AND APPROVED thia/7~ day of~, 1978. Mayor • I • • • • • • - 2 - ATTEST : ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer, of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No . , Series of 1978. ex officio City Clerk-Treasurer I • • • • • SIX QUARTER BUDGET PUBLIC IMPROVEMENT FUND July 1978 to December 1979 1978 1978 1979 1979 1979 1979 3rd 4th 1st 2nd ~ ~ ~ Storm Drainage General $ 7,647 $ $ $ $ $ $ 7 ,647 North Central III 566,000 566,000 High School Basin 200,000 175,000 375,000 Little Dry Creek 100 ,000 279,403 379,403 City Survey 20,000 20,000 Traffic Improvements 9,753 9,753 Zuni Street 50,000 50,000 Paving & Sidewalk District No. 25 230 ,500 230,500 Street Overlay Program 14,000 70,000 84,000 Evans Avenue Paving (PD 1/25) 0 0 Parks Belleview Storm Repair 1,500 1,500 Emerson Mini Park 1, 773 l, 773 Handicapped Play Apparatus 0 0 River Development 20,653 20,653 Senior Center 13,070 35,264 48,334 Senior Center Parking 22,500 22,500 Land Acquisition 100,000 100,000 Fire Station /13 200,000 200,000 Library Expansion 6,830 6,830 Pumper Combination 150,000 150,000 Si~clair Pool Bath house 131,855 131,855 • Miller Building 40,000 40,000 Lehow Avenue Bridge 14,875 14,875 Dartmouth Improvements Lincoln to Log3n 26 1000 26,000 Public Im.provement Fund Total ~1 1 134 1 456 ~ 100 1000 ~ 4071764 ~ 290 1000 ~ 275 1000 ~ 279.403 ~2 1 486 1 623 • • • • ,. - ( SIX QUARTER BUDGET PUBLIC IMPROVEMENT FUND July 1978 to December 1979 Actual Exp. Unencumbered New Funds Total Budget Project to date Thru 1/1/78 Budget as of 7/1/78 7/1/78 to 12/1/79 Availabl e (2+3) Committment (1+4) Storm Drainage General $ 376,060 $ 7,647 $ 0 $ 7,647 $ 383.707 North Central III 162,406 465,000 101,000 566,000 728,406 High School Basin 25,000 0 375,000 375,000 400,000 Little Dry Creek 0 0 379,403 379,403 379,403 City Survey 0 0 20,000 20,000 20,000 Traffic Improvements 7. 749 8,253 1,500 9,753 17,502 Zuni Street 0 50,000 0 50,000 50,000 Paving & Sidewalk District No. 25 0 200 ,000 30,500 230,500 230,500 Street Overlay Program 0 0 84,000 84 ,000 84,000 Evans Avenue Paving (PD 025) 22,046 0 0 0 22,046 Dartmouth Improvement s 0 0 26,000 26,000 26,000 Parks Belleview Storm Repair 1,500 0 0 0 1,500 Emerson Mini Park 13,227 1,773 0 1, 773 15,000 Handicapped Play Appartus 0 0 0 0 0 River Development 2,997,722 4,405 16,248 20,653 3,018,375 Senior Center 814,194 13,070 35,264 48,334 862,528 Senior Center Parking 68,100 0 22,500 22,500 90,600 Land Acquisition 0 0 100,000 100,000 100,000 Fire Station fl3 0 0 200,000 200,000 200,000 Library Expa ns ion 197,170 2,830 4,000 6,830 204,000 Pumper Combination 0 0 150,000 150,000 150,000 Sinclair Pool Bathhouse 9,250 110 ,750 11,855 122,605 131,855 Miller Building 0 40,000 0 40,000 40,000 Lehow Avenue Bridge 0 0 14,87~ 14,875 14,875 Public Improvement Fund Total ~4,694,424 $ 903,728 p 1 572 1 145 ~2,475,873 F 1 170,297 • • • • • 0 ( CAPITAL IMPROVEMENT STATUS CONTROL July 1, 1978 Date Date Date Planning Design Bide Perc~nt r.om pletcd 1ot aJ Pr o )ect Complete Camp tete Tak.en Con at r ue ted ~ Bud l't kemarks Storm Drainage General North Centra t Ill 1971 12/76 6/78 N/A N/A 728,406 Design romple t e High School Ba sin 1971 10/77 N/A N/A N/A 400,000 Under dest~n Li ttle Dry Creek N/A N/A N/A N/A N/A 379,403 Zunl Street 7/74 1/75 N/A N/A N/A 50,000 RiKht-of-woy be ing Trt1f£ic Lmproveme nta N/A N/A N/A purchased. N/A N/A 17,502 Evans Avenue Pa viox (PO 124) 1/77 2/77 3/77 100 9/77 22 ,046 Co.rp l ~te d Belleview Storm Repair N/A N/A N/A N/A N/A 1,500 Engineer analyrlng pro blema Rive r De velopment 12/73 3/76 J/76 96 3,018,315 Open for play Senior Center 11/76 2/77 3/77 100 August 13, 1971 86 2 .5 28 Opened De cembe r !), 19 77 Library Expans i o n 10/76 6/7 7 2/78 70 7/78 204 ,000 Under con stru ction Da rtmouth-Linc oln to Logan N/A N/A N/A N/A N/A 26,000 Under conetruc t i on Fire Stat Lon 1'3 N/A N/A N/A N/A N/A 200,000 Paving Dist ric t 1 25 19 77 1977 5/78 N/A N/A 2J0 ,500 Under conetructlon St r eet Over ll•y Program 6/78 6/78 N/A N/A 10/78 84,000 Land Ac quiaition N/A N/A N/A N/A N/A 100,000 Pumper Com blndt ton N/A N/A N/A N/A N/A 150,000 Sinc la ir Pool Bathhou1e 4/78 5 /18 5/78 N/A 9/78 1311855 Under conltructioh Lehow Avenue Bridge 6/7 8 N/A N/A N/A 10/78 14,875 Under deelgn Hiller Building b/78 N/A N/A N/A 10/78 40,000 Recelvln11 bldo City Survey N/A N/A M/A N/A N/A 20,000 • • • • FltOIA: • • • INTER-OFfiCE t.'.!:.',,O::!AA:OUM Andy McCown, City Manager DI.TI: July 7, 1978 Kells Waggoner, Director of Public Works SUaJECT, Traffic Signalization Study By your memo of June 1, 1978 we were requested to conduct a traffic signalization study as it relate s to the closing of schools , r e-routing of the children, previous requests, etc. We have met with Mr . Phillipe in order to incorporate his t h inking into the report. At ta c hed are two maps provided by the School District showing schoo l b oundaries before and after the re-structuring . As you know the school s of Duncan, Washington and Scenic View will be closed f o r the coming school year. A map is also attached showing existing signalized pedestrian crossings within the areas of the affected schools and the fol l owing are recomm endations for changes in these areas. 1 . Scenic View School It is recommended that the mid-block crossing at Tejon and Baker be removed. 2. Washington School In this area there are several alternatives that can be considered. (a) Leave as is. (b) Remove mid-block at Dartmouth and Washington; signalize Clarkson and Dartmouth . $8,000. (c) Remove mid-block at Dartmouth and l~ashington; remove mid-block at Clarkson and Eastman; signalize Clarkson and Dartmouth , sigr.alize Clarkson and Floyd. $16,000. It is recommended that we proceed with alternate (c) since these two intersections will, in the near future need signalization based upon vehicle warrants. I might point out here,though, that if we signalize Clarkson-Floyd we will no doubt get requests for Downing -Floyd, also • • I • • • • ' • - Andy McCown July 7, 1978 Page two 3. Duncan School In this area there are two alternatives that can be considered. (a) Signalize Logan and Union. $8,000 . (b) Move the signal from Logan and Stanford to Logan and Tufts. $2,500. Tufts is a collector street and carries more traffic than Stanford. It is recommended that we proceed with alternative "b". There was concern expressed for safety of children crossing at several critical signalized intersections. The request was for consideration of crossing guards at these locations. The inter- section of Dartmouth and Broadway has been improved recently and the signal now includes "walk" and "don't walk" indications along with the red , yellow and green. The intersection of US285 and Logan has the same type of indications for the east side of Logan but 285 is wid e r than Broadway. The time necessary to cross the streets before cross traffic starts is built into the signal clearance phase and crossing guards would serve as a deterrent for children crossing at other than the proper time. A memo from Chief Holmes on crossing guard programs is attached and relates a cost per intersection. I do know that we have had other requests for guards at other crossings than those expressed by Mr. Davidson. The indication I get on the liability question for crossing guards is that they would be covered under our blanket policy which covers all City employees. Our exposure , of course, grows bigger with each new program added. The School District is requesting the installation of a mid- block crossing at Kenyon and Logan. This crossing could be justified under Warrant #4 "School Crossings" and we would recom- mend installation approximately 90 feet south of Kenyon Avenue. As pointed out in my memo of April 5, 1978 we would need to restrict parking along both sides of Logan Street in the crossing area. This installation would cost approximately $5,300 but by • I • - • Andy McCown July 7, 1978 Page three • • - using some material in stock we cou ld reduce this figure to about $1,500. There has been question raised about the 2 section (red, yellow) head vs. the 3 section (red, yellow, green) head at mid-block ped-crossings. Although we still feel that the flashing yellow provides additional protection above the solid green for children crossing without waiting for proper indication we will for the sake of uniformity to the driver change those 2 section heads to 3 section (red, yellow & green). With the recommended program we are looking at the following costs. Clarkson and Dartmouth •..•..•.•...•• $ Clarkson and Floyd •...•.•.•....•...•• Logan and Tufts .•••.•.••....•••.....• Logan and Kenyon •.••.•......•.•.••... 8,000 8,000 2,500 1,500 $ 20,000 plus any costs associated with crossing guards. The budget, as I recall, has about $8,000 under "Traffic Improvements" in the Public Improvement Fund . .. ·/_ l I · ! ,_.(_!(!, 'L-~-·],)·--- Kells Waggoner KW:bjs cc: Robert Holmes Bill James Brooks Taylor Jim Phillipe • I . -' ~h OOu-77 • • • - SCHO OL DIST RIC T 1 A RAPAH OE COUNTY ENGLEWOOD COLORADO • NORTH & WEST sides o. Street -odd numbPr~ SOUTH & EA ST sides 01 S tree t are ev e n numb c *~ 0priona l El eme nta ry Atta Elt"'mentary I . • ' • • ADMINISTRATION BUILDING 41 0 1 South Bannock 761-7050 SCHOOLS Englewood High School 3800 S . Logan 761-2881 Flood Junior High 3695 S. Lincoln 761-1226 Sinclair Junior High 300 w. Chenango 781-7817 Bishop Elementary 3100 S . Elati 761-1496 Cherrelyn Elementary 4500 s. Lincoln 761-2102 Clayton Elemen tary 4600 s . Fax 781-7831 Duncan Elementary 4800 S . Penn . 781-4600 Charles Hay Elementary 3195 s . Lafayette 761-2433 Lowell Elementary 3794 S. Logan 761-2211 Maddox Elementary 700 W. Mansfield 761-n31 Scenic View Elementary 2323 w. Bak er 935-6044 Washington Elementary 3185 S . Washington 781-1741 I • • • • i ii :( -• • )( )()( >O ill::i )>H ~ gl l'l il :i ~ 01-3 "~ ~~ 80 >< ~ l'l 0 (j E ~ l'l ~ t" 2 z ~ ... 0 ~ " :I: ill H ~ n < g ~ .. "' "' 0 .. ~ Sos Onto Fe Dr,oe Elot1 J Cherokee r JDetowore ][--Bannock Acoma Brood lOlly lincoln Sherman Grant LogoQ Pennsyl110nio Pear l Woshm gton ~-~'fj, lCiorkson Emerson I, • Ogden r 1r • Corona -<Do w n~ng ~Monon '" Lafayette Hum boll I' "k" h' Gilpin Il l •! --~ ~ Wil liams ]: = Hu~h I[ ][ ~ l>xo 1i'f ,l,~·M Vine ctl I J r 1Ut'Goyk>rd .. c York ~ _ _:b._ l_ J un~vers i ty I =--""T'' f'TI ~ ~-~ ~ a. a. 3 N 0 ~ " '/Z uni Vallejo I' Tejon tri ton !COS ('Tl z (/) l> C"l (""') ;;o r :X: l> ('Tl 0 -o ~ 0 0 l> r :X: 0 0 0 0 ITl -- (/) (') (""') -i 0 0 ;;o r c:: 0 :z: (""') I • • :0 -i -i );.. -< 0 ~ 0 P:::Z • -' • • ADMINISTRATION BUILDING 4101 South Bannock 761-7050 SCHOOLS Englewood High School 3800 s. Logan 761-2881 Flood Junior High 3695 s. Lincoln 761-1226 Sinclair Junior High 300 w. Chenango 781-7817 Bishop Elementary 3100 s. Elati 761-1496 Cherrelyn Elementary 4500 s. Lincoln 761-2102 Clayton Elementary 4600 s. Fox 781-7831 Charles Hay Elementary 3195 s. Lafayette 761-2433 Lowell Elementary 3794 s. Logan 761-2271 Maddox Elementary 700 w. Mansfield 761-2331 • I • • • • - • • I . • ( • • n f • • • • M E M 0 R A N D U M TO: Kells Wag goner, Director of Public Works FROM: Robert R. Holmes, Chief of Poli ce DATE: Ju ly 11, 1978 SUBJECT: CR OS SING GUARDS Pursuant t o our conv ersations of July 5 and July 7 regarding school crossing guard programs, the following is submitted. The following is a list of me thods traditionally used in other jurisdictions to provide cros s ing guard services. l. Student junior police crossing guards sponsored jointly by the local police departments and school authorities. 2. Teachers from affected schools serving as crossing g uards p aid by the school system for the extra time required. 3 . Ass ignme nt of on-duty police office rs or parking e nforcement officers to specific intersections during specific time s . 4. City pai d part-time employees on hourly rate select e d from house- wives, mothers, or unemployed elderly persons from th e immediate area of the intersection requiring the service . Number one, above, is perhaps the l east e xpensive of any of t he alternatives. It is also perhaps the least effective in areas of heavy traffic flow. The system works best only when the crossing being supervised is a low traffic flow street or the intersection is adjacent to the school grounds. Train ing and selection of students is difficult, school liability is increased and some administrative and faculty supervision of the program is required. I would not recommend this system. The method described in number two, above , is ef fecti ve and would provide some additional income for interested teachers , however, this also extends the school liability beyond the school property. Scheduling and administration of such a system, as well as appropriation of additional funds, would place a substantial burden on the affected schools. • I • • • • ' • - -2- Alternative number three is impractical and inefficient an d expensive for the city. Because of the diversity of the hours and the inability to predict needs for other emergency services and priorities, it is impossible to assure the availability of offi cers to provide the services during the times required. Alternative number four appears to be the most desirable approach. It offers an opportunity for city, school and neighborhood involvement within reasonable costs. The system provides for the hiring of interested citizens, parents of school children, or elderly persons who live very close to the intersection to minimize inconvenience and transportatjon problems. The city pays them at an established hourly wage which provides them with additional income while working only a few hours per week a short distance from home. The availability and responsibility of this type of employee is gene rally good. I would suggest, however, if this type of program were adopted that it be a joint venture with a contrjbution of wages from the city and administration time provided by the Englewood Public School System. That is to say that the school system would re ceive applications, select the guards, schedule them and be generally responsible for the supervision of the program. The city, upon receipt of time cards from the schools,would pay the emp loyees and provide the necessary liability insurance. Below is an estimated cost (wages) for the program for a nine-month school year on a per intersection basis. According to Mr. John Ferguson of the Englewood Public Sc hool System, there are three time periods each day that would be required to cover crossing assistance for all levels of elementary and junior high school students. These periods are: 0800 to 0900 1100 to 1300 1430 to 1530 1 hour 2 hours 1 hour 4 hours total per day per crossing One employee, four hours p e r day at $4.05 per hour = $16.20 per day. Approxi- mately 190 school days per year at $16.20 per day = $3,107.60 per year per crossing. One thing must be considered if such a program is successful, and that is the demand for additional crossing guard protection in other locations which will inevitably follow. ~~ Chief of Police • I • -• \ • • MEMORANDUM TO: May or and Members of City Council FROM : Andy McCown, City Manager DATE: July 11, 1978 SUBJECT: MUNICIPAL COURT FACILITIES At the study session prior to your last regular Co un cil meeting, you reviewed a report from Mr. Ron Rinker of Barker-Rinker-Seacat, Architects, Inc., concerning various alte rnatives for providin g remodeled and/or new Munici pal Court facilities . You requested that I review his r epor t f urther and report back to Council along with any thoughts on funding possibilities. As you know, Mr. Rinker's report consid e red only cons truc t ion costs fo r the four alternatives. His report did not include the cost of f urnishings a nd equipment, architectura l fees, and any contingency . I n order to get a better idea of the actual total costs, I have explor ed Mr. Rinker's report further with him and have al so had our Purchasing Division confer with the Court personnel on furnishing and equipment cos ts. Listed below are rough, estimated costs for the various alternatives. I have also expanded on some of the alt ernatives to include cos ts for any other facilities that yo u might feel are necessary. Alternative A Construction of Court Facility Furnishings Architectural Fees Contingency (5%) Total $50,587 22,125 7,600 2 ,600 $82,91 2 This alternative leaves the current Council facility as it presently exists. In discussing the possibility of remodeling the Council Chambers with Mr. Rinker, he stated that he did not feel that this would be possible . There- fore, if Council desires a better facility for your use, it would probably have to be constructed in the southeast portion of City Hall. Estimated costs would be $75,000 plus perhaps an additional $5 ,000 for furnishings. This latter figure is a somewhat conservative estimate based on using much of the equipment in the curre nt Council Chambers . To tal cost s for Alternative A ·•'''J.: l C ?t: E:f: t !T.at E:r: C.£ f c~ ~0 \."S : f'oJrn I ~hI ng « CnnH t r•H · t f rm r,f Cn un r:! 1 Ch ambE!r Vurnf ·dofn~H A r r (,I t•·• t •Jr:o I r•·•··. Cont!ng{!nc y Total 2L ,t.,~ 75 ,000 5,000 12 . lj l)l) 6 , 301J $171,612 • I • • - , • • • • Members of Council Page 2 July 11, 1978 -MUNICIPAL COURT FACILITIES Alternative B Construction of Court and Council Facility Furnishings Architectural Fees Contingency Total $63,255 20,000* 9,500 3,200 $95,955 This alternative leaves the old Council Chamber as a Community Room with approximately 1350 sq.ft. or about half the size of the current room not counting the stage area. I am attaching a report from Mrs. Humphryes on the size of the various meetings that have been held in the Community Room to give you an idea of the size needed. If a new Community Room is desired, costs would be $81,500. Total estimated costs for Alternative B are as f ollows: Construction of Court and Council Facility Furnishings Construction of Community Room Furnishings Architectural Fees Contingency Total $63,255 20,000* 76,500 5,000 14,000 7,000 $185,755 * Costs for furnishings should be less if joint facility is utilized. Alternative C Construction of Court Facility Furnishings Architectural Fees Contingency Total $144,941 22,125 14,500 7,250 $188,816 This alternative does not provide for any new Council facility. If the current Council facility is remodeled, estimated costs are $55,000 including furnishi ng s. Total estimated costs for Alternative C are as follows: Construction of Court Facility Furnishings Remodeling of Council Chamber Furnishings Architectural Fees Contingency Total $144,941 22,125 50,000 5,000 19,500 9,750 $251,316 • I • • • ' Members of Council Page 3 July 11, 1978 -MUNICIPAL COURT FACILITIES Alternative D Construction of Court Facility Furnishings Architectural Fees Contingency Total • • • $129,580 22,125 13,000 6,500 $171,205 Total estimated costs for Alternative D, including remodeling of Council Chambers are as follows: Construction of Court Facility Furnishings Remodeling existing Council Chamber Furnishings Architectural Fees Contingency Total $129,580 22,125 50,000 5,000 18,000 9,000 $233,705 In regard to the 1978 Public Improvement Fund Budget, the only monies which have not been encumbered or obligated otherwise is the $100,000 set aside for land purchase for relocation of Fire Station No. 3. We hope to bring you a relocation plan at the first Council me e t i ng in August. For 1979, the pro- jects are all listed in the six-quarter budget and it would be up to Council to establish your priorities. The staff recommendat ion based upon cost effectiv e ness and utilization of facilities is for Alternative B -joint use of facilities . Sin ~e rely, {A t.:~ );;:f;UJ -- ANDY )'!iCOWN . City 'iianager ph Attachments cc: Jimmy E. Curnes, Assistant City Manager Louis Parkinson, Municipal Court Judge • • I • • • • ' • • MEMORANDUM TO: Andy McCown, City Ma~;r Pat Harris Humphryes~xecutive Secretary FROM: DATE: July 10, 1978 SUBJECT: COMMUNITY ROOM USAGE We have made an attempt to research the use of the Community Room for the past year and one-half, and wish to submit our findings to you . It would appear that the average use of the room in question, based on the number of meetings held each month in relationship to the approximate attendance per meeting, would run from 18 to 68 persons. This is not to indicate that larger groups did not utilize the room, only an approximate average. In the first six months of this year there were 13 different groups reserve the room for groups over 100. The re is no way to estimate the number of people who actually did attend the meetings. It was further noted that during the first six months of 1978 there were more meetings scheduled with a smaller number of people in atte ndance . If we can furnish you with additional data, please advise. ph • I • • • • • • MEMORANDUM '1 c TO: Mayor and Members of City Council FROM: Andy McCown, City Manager DATE: July 11, 19 78 SUBJECT: BUDGET SCHEDULE It is that time of year again to start thinking about next year 's budget. We J need to start firming up dates for public hearings, study sessions, possible { t~ retreat, etc. Listed below are some possibilities. \ ·• ~ 6, ... ' -August 14 or~-Prebudget hearing . We did this last year for the first time ~·1 and the results were mixed. Council should d iscuss whether we want to )1'' t~ do this again -it is not required. If the decision is in the affirma- tive for either date, we should set the hearing Monda y night.yu '<t-'L ~ z .r ·1 September 5 -Public Hear ing on proposed use of revenue sharing funds. This 1\l' date should be set at your Council meeting Monday night., t< 1.,i... ( \ Y September 14 -Transmittal of budget. agenda packet. g.- It will be sent out with your regular September~r October 2 -Public requires that Hearing be held the budget. ,, • 1 , ft 1 Hearing on proposed budget. Charter within three weeks after submittal of ~I~ October 16 -Mill levy certification. November 20 -Introduction of Bills for Ordinances adopting the 1979 budget and appropriating funds. In addition, we should consider what process Council wants to use in review- ing the budget. The last two years, this has been done at a retreat. If a retreat is desired again, we should start setting a date and making arrange- ments. If some other method is desired, we should discuss this and decid e how we are to proceed. May we have your direction ? Sincerely, t21~ /J!:~th '- ANDY -il.coWN City Manager ph Enclosures cc: Jimmy E. Curnes, Assistant City Manager B. V. Berardini, City Attorney Hugh Brown, Administrative Assistant • I • • - • • • • • MEMORANDUM TO: Andy McCown, City Manager FRoM: William D. James, Director of Finance Gary Diede, Director of Engineering Services Harry N. Taylor, ~urchasins Agent DATE : July 17, 1978 SUBJECT : Acoustical Tile Bid Sealed proposals were requested by the office of the Director of Finance (Purchasing) on June 21, 1978 to supply and install Acoustone sound ~absorbing panels for the multi-purpose room of the Elsie Malley Center . The City did not receive any bids by the required date; although, two subsequent bids were received at later dates. The two bids are as follows: Company O'Mary Acoustics, Inc. *Dyna-Systems, Inc . Bid $7,168.00 2,552 .19 *Dyna-Systems, Inc. reduced the number of panels to be installed from 1,045 to 780 panels . This is a reduction in panels of 25~ which has been approved by the City's architect Barker, Rinker, Seacat Architects, Inc. We recommend the proposal subm itt ed by Dyna -Sys tems, Inc . in the total amount of ~2 .55 2 .19 f or s upplying and i nstall i ng 780 sound absorbing panels a t the Els ie Ma l ley Center t o b e accepted and award mad e. Purchasing Agent /jlw • I • - I • • • - A BILL FOR liN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF GENERAL OBLIGATJfJ:-; REFU:>DING !·lATER BONDS , SERIES 1978, IN THE PRINCIPAL N-tOUNT OF $8 ,45 5 ,0 00 OF THE C ITY OF ENGLCHOOD , COLO RAD O, FOR THE PURPOSE OF REFUNDING GENE RAL OBLIGAT IO:'< REFUNDING I~ATER !30ND S, SERIES 1975 , AND GENERAL OBL IGATION I-lATER HlPROV!:.'!ENT BO'IDS , DATED FEBRU,,Ry 1, 1978 , OF THE CITY OUTSTA.'IIDI:-IG IN THE AGGREGATE Al'lD UNT OF S9 , 310, 0 00; PROVIDING FOR THE EST,\BLISfi:-IENT OF AN ESCP.Oti ACCOUNT FOR TH E PAY!-lENT AND RE D E~lPTION OF TilE OUTSTANDIN G BOND S TO BE REFUNDED; PR OVIDING FOR THE LEVY OF Tt.XE S TO PAY SAID REFUNDING BONDS liND THE INTEREST ?HEREON; AND PRESCRIBING OTHER DI:TA1LS IN CONNECTION THERE IIITH . •rnEREAS, the City of Englewood , in the Co unty of Arapahoe and the State of Colorado (the "C ity"), is a political s ubdivision of t he State , a body corporate and politic , and a home-rule c i t y pursuant to Article XX of the State Constitution; a nd WHEREAS, the Ci ty, b y Or dinances heretofore adopted and approved by its Ci t y Coun cil , has author ized the issuance of its General Obligation Refunding l~ater Bonds, S e ries 1975, dated April 1, 1 975 , in the amount of $4,100,000 (the "1975 Issue"), and its General Obligation tvate r Improvement Bon d s, dated February l, 1978 , in the amount o f $6,700,000 (the "19 78 Issue"); and WHEREAS, as of August l, 1978, there remains outstanding of said 1975 Issue the amount o f $2 ,610 ,000, being bonds numbered 299 to 820, inclusive , in t he d e nomination of $5,000 e ach, bearing interest payable on Feburary 1 and August 1 each year, and mat uring serially on August 1, as follows: Bond Nu.'!lbers Interest Rate AMounts Years (All Inclusive) (Per Annum) Haturini Maturini 299 -382 5 .30\ $420,000 1979 383 -4 69 5 .30' 435,000 1980 4 70 -561 5 .30 \ 460,000 1981 562 -656 5.301 4 75,000 1982 6 57 -756 5.30% 500 ,000 1983 757 -820 5.30% 320,000 1984 and 1\'HEREAS, bonds of said 1975 Issue mat u ring on and after August 1 , 1983 , are redeemable at the option of the City on August 1 , 1982 , and on any interest payment date thereafter in inverse numerical order upon payment of par, accrued interest and a premium of 1 % of principal; and -11- • I • • • • • 11HEREAS , as of August 1 , 1978, there remain s outstanding of said 1978 I ssue the full amount thereof , being bonds numbered l to 1 ,340, inclusive , ir. the denomination o f S5,000 each, bearing interest payable De cember 1, 197 8 and semiannaully thereafter on the lst day of June and the 1st day o f December each year, and maturing ser .ia~ly on December 1, as f ollows : Bond Numbers Interest Rate Amounts Yea r s (All Inclusive) (~c r Annum) Maturing_ ~latur i !!2: 1 -3 6 6.00% s1ao,ooo 1979 37 75 6 .00% 1 95 ,000 1980 76 -116 6 .00% 205,000 1981 117-159 6.00% 215 ,ooo 1982 160 -205 6.00 % 23o,ooo 1983 206 -25 4 6.00 % 245,000 1984 255 -306 5 .00 % 260,000 1985 307 -361 4.90% 275 ,000 1986 36 2 -4 1 9 4.75% 290 ,ooo 1987 420 -481 4.75% 31 0' 000 1988 482 -5 46 4.801 325 ,000 1989 547 -615 4 .801 345,000 1990 616 -688 4 .901 365,000 1991 689 -766 4 .90\ 390,000 1992 767 -848 5.00% 41 0 ,000 1993 84 9 -935 5.00% 4J5,ooo 19 9 4 936 -1028 5 .00% 46 5 ,000 1995 1029 -1126 5 .00% 4 9 0,000 1 9 96 1127 -1230 5.00% 52 0,000 1997 1 231 -1340 5.00\ 550,000 1998 and WHEREAs , bonds of sa id 1978 Issue maturing on and after December l, 1988, are redeemable at the option o f the City on June 1, 1988, and on any interest payment date thereafter , in inverse numerical order, upon payment of par and accrued interest: and WHEREAs, the City Council has determined that it is necessary and in the best interests of the City that the 1975 and 1978 Issues , outstanding in the aggregate amount of $9,310 ,000 be refunded by the issuance of General Obligation Refunding Water Bonds, Series 1978, in the amount of $8,455,000, resulting in a reduction of debt service and effecting other economies, all to the benefit of the City and its inhabitants, and in accordance with the City Charter: and WHEREAS, after Published Notice of Sale, General Obli- gation Refunding ~later Bonds, Series 19:_:,/n thn prin"?al amo"tt J-/; of $8,455,000, were soJl and awarded to LLJ.t !.f. kG~~n ,}/~ CO ( I 1~ , l ' I of 11.~ t!,_{Jh \t , the highest and be s t bidder there- fore , such b> being hereby accepted . -12- • I • n - • • • • • HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEiiOOD, COLORADO : Section 1. That f or the purpose of p roviding f unds with which to refund and pay $2,610,000 of it s 1975 Issue and $6,700,000 of iLs 1978 Issue above described, the City o f Englewood . Colorado , s hall issue its Ge ner al Obligation Re - fundinq \•later Bonds , Series 1978, in the principa l a mo unt of $8,4 55 ,000. Said Refunding liater Bonds shall be dated August 1 , 1978; shall consist of 1,691 bonds in the denomination of $5 ,000 each , numbered 1 lo 1691 , inclusive; shall bear interest p a yable on August 1 , 19 79, and semiannually the reafter on t h e lst day of February and the 1st day of August each year , and s hall mature serially on Augus t 1, as follows: Bond Numbers Inter es t Ra:.c Amounts Years {1\ll Inclusive) {l'<>r 1\nnum) naturing: ~laturins 1 -109 (p 00 '1o $5 45,000 1979 110-230 605 ,000 1980 231 -358 640,000 1981 359 -492 6 7 0,000 1982 493 -634 710 . coo 1983 635 -7 43 545 ,0 iO 1984 744 -792 2 45,000 1985 793 -844 260 ,000 1986 845 -899 275 ,000 1987 900 -95 9 300 ,000 1988 960 1022 31~.000 19 8 9 1023 -1091 345' 0 00 1 99 0 1092 -1164 365,000 1991 1165 1243 395,000 1992 1244 -1327 420,000 1993 1328 -1416 445,000 1994 1417 -1513 485,000 1995 1514 -1616 515 ,000 1996 1617 -1691 375,000 1997 is The netffl~ive inte rest rate on this Series of Bonds \ { 72 tj_J_s_ '· The Refunding \iater Bonds, Series 1978, rna uring on and after August 1, 1988, shall be redeemable prior to their respec- t ive maturity dates, at the option of the City , on August 1, 1987, and on any interest paym~nt date thereafte r, in inverse numerical ord er , upon payment of pnr and accrued interest. Notice of prior r c llenption of the Refunding \·later Bonds, S eries 1978, shall be qiven by publication at least once in a l ega l newspa per or newspapers cunto~arily used by the City for l<>gal notices, not l"r.~ Lhun hi r ty (30) dnys prior to the redemption dat e , and by n"liling a copy of the No ice of Re demp- ~i on by regist~r~d or cr•rttfied firstclass t'nitcd Slates mail, -ll - • I • • -' • • • • postage prepaid, to the original purchaser or to its successor, at least thirty (30) days prior to the redemption date. Such notice shal~ specify the place and date of redemption , the amount and n~~ers of the bonds called, and that from and after such date interest on all bonds called for redemption shall cease. The Refunding \-later Bonds , Series 1 9 78, and the i n teres t. coupon. attached thereto shall be payable in. lawful mon ey of the United States of America , at The First National Bank o f Englewood, Englewood , Colorado. Section 2. The Refunding \·later Bonds , Series 1978. shall be signed with a facsimile signature of the Mayor o f the City, with a facsimile of the seal of the City affixed thereto, attested and countersigned by the manual signature of the Director of Finance , ex-officio City Clerk and Treasurer. The interest coupons attached to said bonds shall bear the facsimile signature of the Director of Finance , ex-officio City Clerk and Treasurer , and when issued as aforesaid as part of said bonds, shall be the binding obligations of the City according to their import . Should any officer whose manual or facsimile signature appears on said bonds or the interest coupons attached thereto cease to be such officer before delivery of the bonds to the purchaser, such manual or facs~ile signature shall nevertheless be valid and sufficient for all purposes. Section 3. The Refunding l·laler Bonds, Series 1978 , and the interest coupons attached thereto shall be in substan- tially the following form: -14- • I • • • • • • (Form of Bon d ) UNITED STATES OF Al'!ERICA STATE OF COLORADo COUNTY OF ARAPAHOE CITY OF ENGLEWOOD GENERAL OBLIG.~TION REFUNDING WATER BOND, SERIES 1978 No. $5,000 The City of Englewood , in the County of Arapahoe and State of Colorado (herein the "City"), for value received~ hereby acknowl edges itself indebte d and p romises to pay to the bearer hereof the principal sum of FIVE T!IOUSA.'ID DOLLARS in lawful money of the United States of America, on the 1st day of August, 19 ___ , with interest thereon at the rate of per centum ( __________ \) per annum , payable /;.ug ust 1 , 1979, and semiannually thereafter on the lst day of Fe bruary and the lst day of August each year, as evidenced by interest coupons hereto attached, principal of and interest on this bond being payable at The First Kational Bank of Englewood , in Englewood , Colorado , upon presentation of said coupons and this bond as they severally become due. Bonds of this issue maturing on and after August 1, 1988, are redeemable at the option of the City on August l , 1987, and on any interest payment date thereafter , in inverse numerical order , upon payment of par and accrued interest. Notice of prior redemption shall be given as provided in ·the Ordi nance authorizing this Bond. This bond is i ssued by the Ci ty Council of the City of Englewood , Colorado , for the purpose of providing funds to re f und valid and outstand ing General Obligation Refunding Water Bonds, Series 1975, dated April 1, 1975, and General Obligation Water Improvement Bonds , dated February 1, 1978, under the authority of and i n full conformity with the Constitution of the State of Co lo rado, and the Charter of said City, and pursuant to an Ordinance duly adopted, published and made a law o f said City prior to the issuance of this bond. It is hPreby furthe r c e rtified , recited and warranted that all the requirenents of law have been fully complied with -1 5- • I • • ' • ,. • by the proper officers of the Cit}· i.n the issuance of this bond; that the total debt of the City , including that of this bond, does n ot exceed any linit of indebtedness prescri bed by the Constitution or the Charter of the City; and tha t pro'\rision has been made for the application of the net revenues of the water system of the Ci ty and for the l e vy and collection of annual taxes on all of the taxable property in the City sufficient to pay the interest on and the principal of tbis bond when the s ame becorr,e due. The full faith and credit of the City of Englewood, Colorado, are hereby pledged for the punctual payment of the principal of and interest on this bond. IN TESTIHONY I·:HERI:OF, the City Council of the City of Englewood, City, Color ado has caused this bond to be signed wi th the facsimile s igna ture of the ~layor of t he City, sealed with a facsimile of the seal o f the City, attested and co unter- signed by the manual signature of the Director of Finance, ex-officio City Clerk and Treasurer, a nd the attached coupons to be signed with the facsimile signature o f the Director of Fi nance, ex-officio City Clerk and Treasurer, as of the 1st day of August, 1978. (FACSIMILE SEAL) ATTESTED AND COUNTERSIG NED: D~rector of F~nance , ex-off1c1o City Clerk and Treasurer -16- (Facsimile Signature) Mayor • I I . ~ I • • • • • •' • (Form of Coupon ) No. s __ _ August, On the 1st day of February, 19 ___ , unless the bond to which this coupon is attached, if redeemable, has been called f or prior redemption, the City of Englewood , in the County of Arapahoe and State of Colorado , will pay to bearer the amount shown hereon, in lawful money of the United States of Ameri ca , at The First National Bank of Englewood , in Englewood, Colorado , being interest then due on its General Obligation Refunding Water Dond, Series 1 978 , dated August 1, 1978, bearing No. {Facsimile Signature) b~rector of F1nance, ex-offiC10 City Clerk and Treasurer -17- • I • • • • • - Section 4.. Wh en said Refunding \'later Bo:~ds have been duly ex ecuted the Director o f Finance is hereby directed to deliver the bonds to the purchaser thereof on receipt of the agreed purchase price therefor.. The proceeds of the Re- fund ing Hater Bonds, Series 1978, shall be used only for the purpose s tated therein and for payi ng the costs a nd expenses incurred incidental to the issuance of said Refunding Water Bonds and for no other purpose whatever.. Neither the purchaser of said bonds nor the subsequent holder of any of them s hall be responsible for the application or disposal by the City , or any of its officers , of any of the funds derived from the sale thereof. Section 5. If necessary, the interest and principal to become due on the Refunding h'at.er Bonds, Series 1978, in 1979 shall be advanced fro!'l the water fund or any other fund of the City available therefor. For the purpose of reimbursing said advance and paying the interest on said Refunding Water Bonds as the same shall become due, and providing for the ultimate payment and redemption of said Re funding Water Bonds, there shall be levied on all the taxable property of the City, in addition to all other taxes, direct annual taxes in e ach of the years 197 8 to 1996, inclusive , sufficient to make such reimbursement and to pay the interest on all of said Refunding Water Bonds, Series 1978 , and the instalLments of principal, as the same become due and payable, respectively. Said taxes, when collected, shall be deposited in a specia~ fund to be known as "City of Englewood General Obligation Refundi ng Nater Bond Fund, Series 1978", and the proceeds derived from said taxes shall be applied only to the paymenL of necessary costs and expenses of operating and maintaining the water system and to the payment of the interest and principal of the Refunding Water Bo~ds, Series 1978, authorized h erein, and for no other purpose whatsoever, until the indebtedness so contracted pursuant to this Ordi- nance , both principal and interest, shall have been fully paid, satisfied and discharged.. Nothing herein contained shall be so con s trued as to prevent the City from applying any other funds or revenues that may be in the City treasury and available for that purpose to the payment of said interest and principal , as the same respectively accrue or mature, and upon such payment the levy or levies herein provided may there- upon to that extent be diminished. -18- • ~ r ' I • • n s I ) t3 ? I { !Jv 1 ) • • ' • • Section 6 . The sums herein provided to pay the interes t on said Refunding \·7 ater Bonds and to discharge the p rincipal ther eof when due , are h e r eby appropriated for that purpose , and said amoun ts for each yea r shall also be included in the annual budget and appro priati on Ordinance and bills to be adopted and passed by the City Council of said City in each. year, res pectively, until said Re fund ing h'ater Bonds have been fully paid, s atisfied and discharged. S ection 7. Notwithstanding the foregoing provisions for tax levies , the City hereby further covenants and a grees to extablish , mai ntain, collect and enforce a schedule of rates , fees, tolls and charges for connection to a nd use of the water system of the City, which schedule shall be sufficient to assure that the revenue thereby produced, together with any other funds which may be lawfully available, and the proceeds of general ad valorem taxes , s hall pay all reasonable costs and expenses of operating and maintaining the water system and to pay the interest and principal of the General Obligation Refunding Water Bonds, Series 1978, here in authorize6, promptly as the same become due and payable , respectively. Section 8. It shall be the duty of the City Council of said City, annuall y , at the time and in the manner provided by law for levying other City taxes , if such action shall be necessary to effectuate the provisions of this Ordinance, to ratify and carry-out the provisions hereof with reference to the levying and collection of taxes; and the City shall levy , certify and collect such taxes in the manner provided by law for the purpose of creating a fund for the payment of the costs and expenses of operating and mainta ining the water system , and the payment of the principal of the Refunding l~ater Bonds and interest thereon, and such taxes when collected shall be kept for and applied only for such purpose, as hereinabove specified. Section 9 . The proceeds derived from the sale of the Refunding Water Donds , Ser ies 1978, authorized herein in an amount,ot less than $8,455,000, p lus cash in the amount of $ 1(12 /3 , which amount incAudes $355,690.00 cash on hand of the City , the $ ///", t/1 'f:;3 premium paid the City for the Refunding Water Bonds, and the accrued interest on the bond s being refunded, shall be deposited with The First National Bank of Englewood , Englewood , Colorado (the "Bank") in a separate fund and escrow a ccount hereby created and known as "City of Engl ewood , 197 5 and 1978 I ssues , Water Refundi ng Escrow -19- • I • • • • • Account" herein designated as t he "R efunding Es crow Account" or "Escrow Account"r which account shall at all tir.tes be sufficient, together with any interest to be der i ved from the investment and any tempora ry reinvestment of the deposits or any part there of only in direct obligations of , or the principal and interest of which o .bligations are unconditionally guaranteed by ~ the United States of ~merica, to p ay the principal of and interest on the outstanding 1975 a nd 1978 Issues being refunded. as the same become due and payable under and i n accordance with the follow ing schedule: 197 5 Issue: Bonds numbered 299 to 820, inclusive , maturing August 1, 1979 to August 1, 1984, inclusive, shall be paid and retire d ~t their respective maturity dates according to their original terms at The First National Bank of Englewood, Englewood, Colorado. 1978 Issue: Bonds numbered 1 to 1340, i nclusive, maturing December 1, 1979 t o December 1, 1998, inclusive , shall be paid and retired at their respective maturity dates accordinq to their original terms at The First National Bank of Englewood , Englewood, Colorado. Interest on the outstanding bonds of the 1975 and 1978 Issnes shall be paid a s the same accrues, according to the original terms of s aid bonds, until said bonds mature. S e ction 10 . The Bank shall invest the funds on deposit in the Refunding Escrow Account in direct obligations of, or t he principal and interest of which obligations are unconditionally g uaranteed by, the United States of America , and shall fully secure any cash balance in said Escrow Account in.the manner required by law for other trust funds. Section 11. If for any reason , at any time , the funds on hand in such Refunding Escrow Account shall be insuf- ficient to meet the payments required as the same shall be about to become due and payable , the City Council of the City s hall forthwith deposit i n such Refunding Escrow Account such additional funds as may be required fully to ~eet the amount so about to become due and payable. Section 12. The Bank shall from time to time redeem all or a portion of the obligations in said Refunding Escrow Account in sufficient amounts so that the proceeds therefrom -20- • I • • • • • • and the interest thereon as the same accrues will be sufficient to meet the interest r equi re~ents on the outstanding bonds of the 1975 and 1978 Issues as such inte rest accrues , according to the schedule hereinabove set forth . Section 13. The r-tayor and the Director of Finance,· ex-offici o City Clerk akd Treasurer o f the City shall , and they are hereby authorized and directed to take all necessary or appropriate action toward the execution of a proper Escrow Agree ment with the Da nk concerning the deposits in , investments of and disbursements from said r.efunding Escrow Account, and such other a g reements as may be necessary or desirable t o effectuate the provisions of this Ordinance and comply with the requirements of law. Section 14. On or about the date when the Ref unding Water Bonds , Series 1978, are de livered, or within a reasonable time thereafter, the Director of Finance is authorized and directed to publish a notice o f refunding one or more times in a newspaper or newspapers customar ily used by the City for legal notices. Section 15. The City covenan ts and agrees that it will make no use of the proceeds of the bonds authorized herein which might cause such obligati ons to be arbitrage bond s wi thin the meaning of Section 103(c) of the I nterna l Revenue Code of 1954, as amended, a n d the Regulations proposed and in effect thereunder. Section 16. That if any one or more section or part of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalida te the re- maining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Section 17. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed. Section 18. After said Refunding \later Bonds are issued , this Ordinance shall be and remain irrepealable until said Refunding Water Bonds and lhe interest thereon have b een fully paid, satisfjed and discharged. Section 19. This Ordinance, as adopted by the City Council, shall be numbered and recorded in lhe official records of the City. Its adoption and publication shall be authenticated by the signaturos of lhe Hayor and the Director of Finane , -n- • I • - • • • • ex-officio City Clerk and Treasurer, and by the c e rtificate of publication. Section 20. This Ordinance shall take effect thirty (30) days after publication following final passage. INTROD uCED AS A BILL this Jrd day of July, 1978. (SEAL) ATTEST: D~rector of Finance, ex-off~cio City Clerk and Treasurer -2 2- Nayor • I I I I I ~ I . - ( ( • • ' • • 56 MEMORANDUM TO : Members of the Englewood City {' Council FROM: William D. James, Director of DATE: July 11, 1978 Finane~ SUBJECT: Annexation Petition The City Clerk's office is in receipt of a petition re- questing annexation of property to Englewood in the vicinity of West Stanford Avenue and West Tufts Avenue. According to the Municipal Annexation 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 /jlw • ' l l I I I . In - ( • ( • • ' • • CM DISTRIBUTORS 1470 W. Thomas Aoe. Enguwood, Colorado BOliO Pll. (303) 781 ·8204 TO: The City Council of the City of Engle~ood, Colorado Englewood City Hall 3400 South Elati Street RECEIVED Englewood, Colorado 80110 JUL 7 1978 Y\ "r·' . Gentlemen: DEPT. OF FINP.NCE J: I · f..~ ENGlfWOOD ~ We are interested in having the land described in the attached "Petition for Annexation" zoned industrial. At the present time we own a warehouse located at 1470 West Thomas Avenue, Englewood, Colorado. The type of work we do is odorless, all done inside our building, and do no late night work. Our business has increased to the point that we need to expand and, as we wish to stay within the City of Englewood, have purchased the property referred to in our "Annexation Petition" contingent upon the land be:lng ann~xed to the City of Englewood and zoned industrial . We would appreciate the Council taking this ma t ter under serious considera t ion . GPB/pjm Very tru l y yours, Ctl Distr i butors ~'*::~ Clinton K. Bush President • ' l I I I • • ( ( • • • .. • PETITION FOR ANNEXATION TO CITY OF [NGLEWOOD, COLORADO TO : The City Council of the City of Englc~ood, Coiorado Englewood City Hall 3400 South Elati Street Englewood, Colorado 80110 The Undersigned Petitioner does hereby peti tion the City Council of the City of Englewood, C.olorado, ;:o annex to the said City of Englew~od, Colorado, pursuant to and in Accordance with the applicable provisions of the Municipal Annexation Act of 1965, as amende d, the hereinafter described real property situate in the unincorporated territory of Arap3hoe County, Colorado, and as the basis for said Petition would ohow unto the City Council as Follows : 1. Petitioner comprises the owner of one hundred (1004) percent of the area proposed to be annexed, exclusive of streets and alleys. 2. It is desirable and necessary that the hereinafter deocribed real proper ty be annexed to the City of Englewood, Colorado . 3. Not lesa than one-sixth (1/6) of the pPrimeter of the here inaft er described real prop~rty ia contiguous with the City of Englewood, Co lorado . 4 . A community of interest existo between the area proposed to be annexPd and the City of EnRlewood, Colorado; the area proposed to be annexed ia urban or will be urbanized in the near future ; and the area proposed to be annrxed io integrated with or capable of being integrated with the City of EnP.lewood, Colorado . >. In establiohing the boun~ariea of the territory propo•~d to be annexed, no land held in identical ownerohip, ,', ~, ' ' 1.: J ! ~! l! f' ~t I ' I ' r I • • t - ( ( • • • • whe the r consisting of one tract or parcel of real estate or two or mor e contiguou s tr ac ts o r parce ls of real eatat e have b~e n divide d i n t o separate par ts or parcels without the written consent of the land o~~e r t hereof . 6 . In e stablishing the boundaries of the area proposed t o be annexed, no land held i n iden ti cal owne rship, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real es t a t e , comprLaing ~enty (20) acrs or more wh i ch, toget her with the buildings and improvemen t s situated thereon has a valuation for asses&- ment in excess of t wo hundred thousand dollars for ad valorem tax purposes for t he year next precedi ng the ann ex ation, haa been included in the area proposed to be annexed wi t hout the ••ritten consent of the landowner thereof. 7 . The proposed annexation will not result in the de t ach - ment of area from any school d i strict and attach the same to ano t he r school district. B. In all respect, the requireme nts of Sections 31 -12-104 and 31-12-105 of the ~unicipal Annexation Act of 1965, aa amended. exist or have been met . 9 . The legal description of the land sought to be annexed to t he City of Englewood, Colorado , is as fol l ows: A tract of land in the SWt of the GE~ of Sec- tion 9, Township 5 South. Range 68 West of t he 6th P .M., described as follows : Commencing at the Northwest corner of the SW~ of the ~~~ of Section 9, Town1hip 5 South, Range 68 West, thence on an a1aumed bearing of ~orth 90 deg . East along the North line of the SW~ of the NEt of said Sec:ion 9 for a di1tance of 330 .0 feet to the t rue point of beginning; thence South 0 deg . Ea1t 630 .0 feet to a point on the North line of West Tufts Avenue; thence South 90 deg . East along said N~rth line of Welt Tufts Avenue for a di1tance of 165 .0 feet; thence North 0 deg . East 630 .0 feet; thence North 90 deg . West 165 .0 feet to the point of beginning . • I • • - ( ( • • • • 10 . Accompanying the wi thin Pe tition are four copies of an annex a tion md p containing the i nformation as r~q uired by Sect i on 31-12-107 (l) (d) of the ~l unicipal Annexation Act of 1965, as amende d. 11. Pe titioner requests the City of Engle,.ood , Colorado approve th~ annex~tion of th e a :ea proposed to be a n n ex ed. Date of Signature Mailing Address of Signer• Pau~bert Thurman. owner of ail of the land described in paragraph 9 of the foregoing petition 14A Landing Road Roslyn, New York 11576 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO CITY A~D ss. COUNTY OF DE~'VE !I Char lea D. Cah·in, of lowful age and be i ng fi rat duly sworn upon his oath, states and deposes that : 1. The affiant circulated the foregoing Peti tion for the purpose of obtaining the signature of the above petit ioner. 2. Each signature thereon ia the aignatur~ of the person wh ose name it purports to be . ~/£~ Charlea D. Calvin Subscribed and sworn to before me thia e ·t day of July, 1978, by Charles D. Calvin. --- My commlaaion expires Witneu my hand and of~icial seal. yl I , ': /1 1.'·'-·. /1 )' . ' Sotary Public • I i l J ' I I • • • • - ,, ( .. , Vicinity Map SCALE : I Inch • 400 Feet .. I • • .~==~====------~----------•