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HomeMy WebLinkAbout1978-08-07 (Regular) Meeting Agenda/ COUNCIL MEETING -REGULAR AU6USt 7, 1978 • • • 0 ( ( I 7:30 P.M. 1. THE • • • AGENDA FOR THE REGULAR MEETING OF ENGLEWOOD CITY COUNCIL AUGUST 7, 1978 '~ ,]1~0> Call to order, invocation, pledge of allegiance by Boy Scout Troop #154, and roll call. Minutes. ~(a) Minutes of the regular meeting of July 17, 1978. (Copies enclosed.) 2. Pre-Scheduled Visitors. "-1u-zu.J 3 . 4 . rJ()Jfl (a) Mr. Lowell Palmquist, Executive Director, will be present to express appreciation for assistance on the tax exempt bond issue for Swedish Medical Center . (Copies enclosed.) Other Visitors. Communications -No Action Recommended. f (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Appeals meeting of June 14 , 1978 . (Copies enclosed.) Minutes of the Denver Regional Council of Governments meeting of June 28, 1978 . (Copies enclosed.) Minutes of the Planning and Zoning Commission meeting of July 5, 1978. (Copies enclosed.) Minutes of the Library Board meeting of July 5, 1978. (Copies enclosed .) Minutes of the Election Commission meeting of July 13, 1978 . (Copies enclosed.) • I • • - ( ( • / • • - Page 2 August 7 , 1978 Agenda 4. Communications-No Action Recommended (Continued). (f) (g) Memorandum from the Director of Community Development to the City Manager concerning 1470 West Tufts Annexation/Navajo Street Extension. (Copies enclosed.) Memorandum to the Mayor and Members of City Council concerning the Manager/Fire Leadership Workshop in Seattle, Washington on July 12-14, 1978. (Copies enclosed.) 5. Communications -Action Recommended . (a) Minutes of the Water and Sewer Board meeting of July 18, 1978 with the following recommenda-tions : ~ CJi t:;~ (i) .-1"1-~r~ ~d . (ii) Sale of Utility Easement at Overhead Reservoir; and Supplement 61 to Southgate Sanitation District. (c) (d) (e) (Copies enclosed.) Request for a retail liquor store license - annual renewal for the Liquor Barn, 4415 South Broadway. (Copies enclosed.) Request for a hotel/restaurant liquor license - annual renewal for the Ground Round, 5180 South Broadway. (Copies enclosed). Request for a hotel/restaurant liquor license - annual renewal for Fifteenth Street, Inc ., d/b/a The Waldor f, 4595 South Santa Fe Drive . (Copies enc losed .) Reques t f or a hotel/restaurant liquor license - annual renewa l for McGinty's Tig and Sidewalk Ca f e , 3 3 70 South Acoma Street . (Copies enclosed.) (f ) Request for a 3 .2 retail beer license -annual renewa l f or Robert -S. Briola d/b/a Bob's Grocery, 3 2 96 South Washington . (Copies enclosed.) (g) Request for a 3 .2 retail beer license -annual renewal for Shakey's Pi z za Parlor , 3281 South Sa nta Fe Drive . (Copies enclosed.) • I • • ( • / • • - Page 3 August 7, 1978 Agenda 5. Communications -Action Recommended (Continued) . Memorandum from the Director of Finance to the City Manager concerning a petition for annexation for lots 1, 2, and 3 of Belle Isle Gardens. (Copies enclosed.) (i) Memorandum from the Director of Finance, . ~-~ _ L-.. ·tr, I ) Director of Engineering Services and the '-{;.t.&.ILo (Jo ,ou-u n u-v ~urchasing Agent to the City Manager concern- ing the Miller Building bids . (Copies enclosed.) (j) Memorandum from the Municipal Court Judge to e A .t, -the Mayor and Members of City Council concern-'i(;'l:?t-L ~~ ing the adoption of most current uniform traffic (/c;. Mg (;t~ code. (Copies enclosed.) u CJ-6 --t ! 6. City Attorney. :, (l , Ordinance on Final Reading. (a) 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. (Copies enclosed.) Bill for an Ordinance. (b) Bill for the partial release of certain property given as security for $17,285,000 hospital Revenue Bonds , Series 1978 (Porter Memorial Hospital Project), said property to be used for the purposes of an easement or right-of- way for a tunnel. (Bill and letter from Michael Pederson of Saunders, Snyder, Ross and Dickson, P .C . enclosed.) Proclamation. Proclamation recogn~z~ng Grady Franklin Maples for his civic achievement in the City of Engle- wood . (Copies enclosed.) Other Matters. (d) Letter to Mayor and Members of City Council ~-.~~-~tbJand Aetna Casualty and Surety Company concern- U~'I vY ing the Swedish Medical Center Revenue Bonds. (Copies enclosed.) • I • ( ( / • • .. • Page 4 August 7, 1978 Agenda 6. 7. City Attorney (Continued) .11• N -/ 1 nl-u_ , 1. -...--¥ <-u. v 0 L r n . olY "~«-<.!.'c 'l-U- (e) Attorney's Choice .-Uc-ti t-('AL'-!_:..<._JL 'J.., -/}(tVy'A ~ --~ ->t .t..t?l ULA!u_.,__ ~ City Manager. Memorandum to the Mayor and Members of City Council from the City Manager concerning attendance at an annual National League of Cities Conference in St . Louis, Missouri , November 26-29, 1978 . (Copies enclosed.) Memorandum from the Director of Community Development to the City Manager concerning the Thurman Annexation Petition. (Copies enclosed.) ~ (c) Resolution adding the position of Deputy Chie f ~S 0 in the Fire Department to the classified plan . (Copies enclosed.) ~~aq_'t.f;: -(d) Manager's Choice. I "OU---1) ~o..). ~~ CV ~ 8. General Discussion . • /1Li "/"td-ur.~v ~(a) Mayor's Choice. ~ ..£J:J1. <:2.1 -aJ<I-~-(b) Councilman's Choice. 9. Adjournment. City Manager • • I . ( ( ( • / • • • COUN CIL CHAMBERS CITY OF ENGLEWOO D, COLORADO August 7 , 1978 REGULAR MEETING : The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 7, 1978, at 7 :30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman David Clayton. The Pledge of Allegiance was led by Mayor James L. Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the following wer e present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . Absent : None . Th e Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOV ED TO APPROVE THE MINUTES OF REGULAR COUNCIL MEETING OF JULY 17, 1978 . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper , Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Lowell Palmquist, Executive Di- rector of the Swedish Med ical Center, was present and conveyed appreciation on behalf of the Board of Directors to the Council for their assistance in the Center's tax exempt bond is sue • • I • • • / August 7, 1978 Page 2 • • • Mayor Taylor accepted Mr. Palmquist's words and letter of appreciation and stated the City is very proud to have the Center. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard. No one responded. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) (g) Minutes of the Board of Adjustment and Appeals meeting of June 14, 1978. Minutes of the Denver Regional Council of Governments meeting of June 28, 1978. Minutes of the Planning and Zoning Commis- sion meeting of July 5, 1978. Minutes of the Library Board meeting of July 5, 1978. Minutes of the Election Commission meeting of July 13, 1978. Memorandum from the Director of Community Development to the City Manager concerning 1470 West Tufts Annexation/Navajo Street Extension. Memorandum to the Mayor and Members of City Council concerning the Manager/Fire Leadership Workshop in Se attl e , Washington on July 12-14' 1978. * * * * * * City Manager McCown requested Administrative Assistant Brown to present the two recommendations from the Water and Sewer Board as presented in the minutes of their meeting on July 18, 1978. Adm i nistrative Assistant Brown pr e sented the first item which concerns relinquishing the utility easement at the overhead reservior site to Greenwood Village. The stri p of land is 8.5 feet by 265 and Greenwood Village desires to purchase this strip of land for a greenbelt area. An appraisal of the strip of land has been prepared by Baug har and Associates which i ndicates the market value • ) I • • ( ( • / Aug us t 7, 1 978 Pa ge 3 • • - of this strip to be $4 50 .00 . It has been n oted that t he strip of land continues no r th for ano ther 250 to 30 0 fe e t with the same utility easement. Administrative Ass istant Brown stated the Director of Util i ties has stated that the entire stri p of l a nd is of no present or f uture use to the City of Englewoo d. Administrative Assistant Brown stated the Board is recommending t ha t th e City Counc il g iv e the e ntire stri p o f land bordering th e e ast side o f the over head reservoir to the City of Greenwoo d Vi l lag e a s a measure of goodwill . In respons e t o Counc i lman Mann's question conce r ni n g whether or not the Ci ty could give a wa y this land without any recompense, City Attorney Bera rd i ni stat e d the general law is the City should rece i ve v a l ue fo r value and advised the Council that they should expec t to rec eiv e some value f or the release o f the l and. COUNCILMAN MANN MOVED TO DIRE CT THE CI TY ATTORNEY TO PREPARE AN ORDINANC E FOR THE SALE OF 560 FEET X 8 l /2 FEET TO THE CITY OF GREENWOOD VIL LAGE. Co u n c ilman Williams s e c onded the motion. Upon a call o f the r o ll , the vote resulted as fol -lows : Ayes : Counc il Members Wi ll i ams , We b e r, Smi th, Harper, Clayton , Mann, Tay l o r. Nays : None. The Mayor declared the motion c arried . * * * * * * Administrative Assistant Brown presented t h e second item which is a r ecommendation to a p prove Supplemen t 61 South- gate Sanitation District . This requ est is for the i n clu sion of an area comprising of 20 single family residential t ap s . Th e area is located on South Monaco Street and north o f Or cha r d . COUNCILMAN MANN MOVED TO APPROVE SUPPLE MENT 61 SOUTH - GATE SAN ITATION DISTRICT . Councilman Smith second ed the mo tion. Upon a call of the rol l , the vote res u lted as follows: Ayes : Council Mem b ers Williams, We b er , Smith, Harper, Clayton, Mann, Taylor . Nays : None . The Mayor declared the motion carried . * * * * * * • I • • • August 7, 1978 Page 4 • • .. City Manager McCown presented a request for a retail liquor store license -annual renewal for the Liquor Barn, 4415 South Broadway. City Manager McCown pointed out the police re- port concerning this request states that within the last year there was a violation for sale of liquor to minors at this establishment. City Manager McCown stated the employee who sold the liquor to the minor was terminated. Council discussed this matter expressing their desire for a further report from the Police Department and calling the Police Chief and the owners of the Liquor Barn to appear before Council to discuss the violation . COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THIS RENEWAL REQUEST UNTIL THE NEXT REGULAR COUNCIL MEETING AND HAVE A REPORT OF CASE NUMBER 78-992 CONCERNING THE LIQUOR VIOLATION AT THE LIQUOR BARN AND HAVE THE POLICE CHIEF AND OWNERS OF THE LIQUOR BARN TO BE PRESENT AT THAT MEETING. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Council Member Weber. The Mayor declared the motion carried. * * * * * * City Manager McCown presented requests for various liquor license renewals from the following businesses: A enda Item 5 (c) 5 (d) 5 (e) 5 (f) Request for a hotel/restaurant liquor license -annual renewal for the Ground Round, 5180 South Broadway. Request for a hotel/restaurant liquor license -annual renewal for Fifteenth Street, Inc., d/b/a The Waldorf, 4595 South Santa Fe Drive. Request for a hotel/restaurant liquor license -annual renewal for McGinty's Tig and Sidewalk Cafe, 3370 South Acoma Street, Request for a 3.2 retail beer license - annual renewal for Robert S. Briola d/b/a Bob's Grocery, 3296 South Washington • • I • ( • Augu st 7, 1978 Page 5 5 (g) • • - Request fo r a 3.2 retail beer license - annual renewal f or Shakey's Pi zz a Parlor 3281 South Sa nta Fe Drive. COUNC ILMAN MANN MOVED TO APPROVE ALL THE ITEMS 5 (C) THROUGH 5 (G) LIQUOR LICENSE AND RETAIL BEER LICENSE RENEWAL RE- QUESTS. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clay ton, Mann, Taylor . None. The Mayor declared the motion carried. * * * * * * City Manager McCown present ed a memorandum from the Director of Finance concerning a petition for annexation for lots 1, 2, and 3 of Belle Isle Gardens . COUNCILMAN SMITH MOVED TO FORWARD THE ANNEXATION PETI- TION FOR LOTS 1, 2 AND 3 OF BELLE ISLE GARDENS TO THE DEPARTMENT OF COMMUN ITY DEVELOPMENT FOR A REPORT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resul ted as fol -lows: Ayes : Cou n cil Members Williams, Weber, Smith, Harp er, Clayton, Mann, Taylor . Nays: None . The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum from the Di- rector of Finance, Director of Engineering Services and the Pur- chasing Agent concerning the Miller Building bids . City Manager McCown pointed out a correction in Attachment #2, BUDGET SUMMARY . He stated the sub total under "work to be completed" is incorrect and should be corrected to $23,420.00 . City Manager McCown stated the bids have been reviewed by the City and the City's construction manager and they are recommending that the low bidder in each category be awarded the job . The sum of the seven low bids is $15 ,349.48. COUNCILMAN SMITH MOVED TO APPROVE THE BIDS FOR REMODEL- ING OF THE MILL ER BUILDING AS SUBMITTED IN MR. JAMES'S MEMO • I • • / August 7, 1978 Page 6 • • - DATED AUGUST 3, 1978 IN THE AMOUNT OF $15 ,349 .48. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Municipal Court Judge concerning the adoption of the most current uniform traffic code . City Manager McCown stated he has spoken to the Police Chief on this matter and the Police Chief concurs that the City needs to adopt the current uniform traffic code and the ad o ption would certainly simplify procedures in the Police Department for enforcing the traffic code. City Manager McCown also stated that the Police Chief assured him that no additional personnel or work hours would be n eeded to effect the new code. City Attorney Berardini stated the memorandum from the Municipal Court Judge states the code should be adopted without change; however, the City Attorney stated it may require some modifications or changes in the delegation of authority to estab- lish speed limits on various streets which is presently delegated to the Traffic Engineer. Also, City Attorney Berardini stated as a result of a case handed down from the Supreme Court, all the citations from municipal courts must note on it the number of points with the violations if the individual is found guilty or a plea of guilty is entered. Therefore, the Judge felt this was a good time to adopt the new code with the new sections so he would not have to reprint citations tickets, thus saving time and cost. COUNCILMAN CLAYTON MOVED THAT THE CITY ATTORNEY BE IN- STRUCTED TO DRAW UP THE PROPER ORDINANCE FOR THE IMPLEMENTATION OF THE UNIFORM TRAFFIC CODE FOR THE MEETING OF SEPTEMBER 5, 1978. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * • I • • ( • August 7, 197 8 Page 7 • • .. INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 16, SERIES OF 197 8 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. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 16, SERIES OF 1978 ON FINAL READING. Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE FOR THE PARTIAL RELEASE OF CERTAIN PROPERTY GIVEN AS SECURITY FOR $17,285,000.00 HOSPITAL REVENUE BONDS, SERIES 1978 (PORTER MEMORIAL HOSPITAL PROJECT), SAID PROPERTY TO BE USED FOR THE PURPOSES OF AN EASEMENT OR RIGHT-OF-WAY FOR A TUNNEL. City Attorney Berardini stated the purpose of the bill is for the City to release certain property which is being held for security to pay the bond issue. City Attorney Berardini referred to a letter from attorney Michael Pederson of the law firm Saunders, Snyder, Ross and Dickson, P.C. The City Attorney stated that Mr. Pederson was planning to be present at the meet- ing to answer any questions the Council might have; however, the matter has come forth on the agenda before the time he had informed Mr. Pederson to arrive. The City Attorney advised Council to pass the bill on first reading anyway because the bill was in proper order and further advised Council to hear Mr. Pederson's presentation when he arrives at the meeting . COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Weber seconded the motion . • I • • - • August 7, 1978 Page 8 • • • COUNCILMAN MANN MOVED TO POSTPONE ACTION ON THE BILL FOR AN ORDINANCE UNTIL THE END OF THE COUNCIL MEETING IN ORDER TO TO HEAR MR. PEDERSON'S PRESENTATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Williams, Clayton, Mann, Taylor. Council Members Weber, Smith, Harper. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION RECOG- NIZING GRADY FRANKLIN MAPLES FOR HIS CIVIC ACHIEVEMENT IN THE CITY OF ENGLEWOOD. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None . The Mayor declared the motion carried. * * * * * * City Attorney Berardini transmitted to Council for in- formation purposes a letter addressed to the Mayor and Members of City Council and Aetna Casualty and Surety Company concerning the Swedish Medical Center Revenue Bonds. * * * * * * City Attorney Berardini transmitted to Co uncil for in- formation purposes a letter addressed to Mr. Tommy Drinkwine who represents Mr. and Mrs. Wiley B. Mathews in the case involving the alley in the 4800 block between South Fox and South Elati . * * * * * * City Attorney Berardini transm itted t o Council for in- f ormation purposes a court judgem ent in the case of Max Pino vs. the Police Pension Board of the Ci ty. City Attorney Berardini stated the judgement supports Mr. Pino in that he should be e nt itled to receive a police pension. * * * * * * • I • • • Augus t 7, 1 978 P a ge 9 • • .. City At t orney Berard i ni transmitted to Counc i l for information purpos es a court ruling in th e case Herman Oliner, Bess Oliner and Rob e r t Oliner vs. Ci ty of Eng l ewoo d, Color ado concerning the lease and option agreement f or property upon which the Police and Fire Center is located. City Attorney Berardini stated the Oliners felt there was a violation in the law by extend i ng an option agreement in excess o f the statutory period . Mr. Ol i ner wanted to re-negotiate th e lease because of some phys i cal problems connected in oper- ating his business. City Attorney Berardini stated the Court rul e d in favor of the City and that the City d i d not violate the rule against perpetuities. * * * * * * City Manager McCown presented a memorandum concerning the designation of two or three Council members to attend the annual National League o f Ci ti es Con f erence in St. Louis, Missouri, November 26 -29, 1978. COUNCILMAN SMITH MOVED TO DESIGNATE COUNCILMAN VERN MANN AND COUNCILMAN DON WILL I AMS TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE IN ST. LOU IS ON NOVEMBER 26-29. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Coun ci l Members Williams, Weber, Smith, Harper, Cl ayton, Mann, Taylor. Nays : Non e . The Ma yor declared t h e mot i on carried. * * * * * * City Manager McCown presented a memora nd um fr om t he Di- rector of Community Development concerning the Thurman An nexation Petition . City Manager McC own stated several other petitions on different parcels of land will be sent to Council for considera tion at different t i mes in the next few month s ; th e refore, he recom- mended that no action be taken until the zoning has been stu died by the Planning and Zoning Commission and a recommendati o n s en t to Council . COUNCILMAN CLAYTON MOVED TO PO STPONE AN Y ACTI ON ON TH IS REQUEST UNTIL A LATER DATE . Co u ncilman Mann s e c onded t he mo tion. Up on a call o f th e r o ll, t he v o te r e sulted a s f o l lows : Ay es : Nays : Council Mem b e r s Wi lliams , We ber , Smith, Ha r per, Clayt on , Ma nn , Tay l o r. None. • I • • r • August 7, 1978 Page 10 • • - The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 50, SERIES OF 1978 A RESOLUTION TO ADD THE FOLLOWING POSITION TO THE CLASSIFICATION PLAN : DEPUTY CHIEF. City Manager McCown stated the resolution concerns the fire department re-organization plan. City Manager McCown stated the Career Service Board has approved the job description for this position. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 50, SERIES OF 1978. Councilman Weber 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 Williams, Mann. Councilman Williams stated based on the fact that he voted against the whole re-organization plan at the start, he would have to vote against the resolution. The Mayor declared the motion carried. * * * * * * City Manager McCown announced that the Employees Award Banquet has been scheduled for Friday, September 15, 1978, at t he Pinehurst Country Club. City Manager McCown invited the Council to attend the banquet as guests of the City. * * * * * * City Manager McCown informed the Council that a conces- sionaire for the golf cours e has been designated and that the agree- ment was signed on this date. City Manager McCown stated the oper- ators are in the process of applying for a 3.2 beer license with t he Ci t y of Sheridan. * * * * * * COUNCILMAN MANN MOVED TO DESIGNATE SEPTEMBER 22 -24, 1 978 AS AN OUT-OF-TOWN BUDGET RETREAT PREFERABLY A TWO DAY RETREAT OVER A WEEKEND. Councilman Smith second ed the motion . • I • • ( ( • August 7, 1978 Page ll ,. • • .. Counci lman Weber spoke against having an out-of-town budget retreat. Councilman Weber stated he felt the work could just as well as be accomplished in the study session conference room eliminating out-of-town travel time and attendant expenses. Councilman Smith stated he did not care whether the retreat was held in-town or out-of-town; however, he has parti- cipated in both ways and feels the out-of-town retreat is more successful for maintaining work continuity and allowing Council to make a thorough review in a shorter period of time. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Williams, Smith, Mann, Taylor. Council Members Weber, Harper, Clayton . The Mayor declared the motion carried. * * * * * * City Manager McCown stated the staff is proceeding on hiring an architect for the feasibility study on the Court facili-ties/Council Chambers. * * * * * * Mayor Taylor recognized the arrival of Mr. Michael Pederson attorney representing Porter's Hospital matter discussed earlier in the meeting. Mr. Michael Pederson and Mr. Henry Cleveland, attorneys from the law firm Saunders, Snyder, Ross and Dickson, P.C., re- presenting the Porter's Hospital matter appeared before Council. Mr. Pederson discussed their request for the Council to pass an ordinance that would allow Porter Memorial Hospital to grant an easement for a tunnel between the office building and the hospital facilities. A short question and answer period followed the pre-sentation . Upon a call of the roll, the vote on the original motion made by Councilman Smith to pass the bill for an ordinance on first reading resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor • • I • • • August 7, 1978 Page 12 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried and adjourned the regular Council meeting at 8 :25 p.m. • I . .. ( ( ( • REGULAR MEETING: • • , . • COUNCIL CHAMBE RS CITY OF ENGLEWOOD, COLORADO Augu st 7, 197 8 The City Council of the City of Englewood, Arapahoe County, Co lor ado , met in regular sess ion on August 7, 1978, at 7 :30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman David Clayton. The Pledge o f Allegiance was led by Mayor James L. Taylor. Mayor Taylor asked for roll call. Upon a cal l of the rol l, 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 Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF REGULAR COUNCIL MEETING OF JULY 17, 1978 . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as foll ows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . None. The Mayor d e clared the motion carried. * * * * * * Pre-scheduled visitor, Lowell Palmq uist, Executive Di- rector of the Swed is h Medical Center, was present and conveyed appreciation on behal f of the Board of Directors to the Council for their assistance in the Center's tax exempt bond issue • • I • • August 7, 1978 Page 2 .. • • - Mayor Taylor accepted Mr. Palmquist's words and letter of appreciation and stated the City is very proud to have the Center. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard. No one responded. * * * * * * "Corrmunications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) (g) Minutes of the Board of Adjustment and Appeals meeting of June 14, 1978. Minutes of the Denver Regional Council of Governments meeting of June 28, 1978. Minutes of the Planning and Zoning Commis- sion meeting of July 5, 1978. Minutes of the Library Board meeting of July 5, 1978. Minutes of the Election Commission meeting ofJuly 13,1978. Memorandum from the Director of Corrmunity Development to the City Manager concerning 1470 West Tufts Annexation/Navajo Street Extension. Memorandum to the Mayor and Members of City Council concerning the Manager/Fire Leadership Workshop in Seattle, Washington on July 12-14, 1978. * * * * * * City Manager McCown requested Administrative Assistant Brown to present the two recommendations from the Water and Sewer Board as presented in the minutes of their meeting on July 18, 1978. Administrative Assistant Brown presented the first item which concerns relinquishing the utility easement at the overhead reservior site to Greenwood Village. The strip of land is 8.5 feet by 265 and Greenwood Village desires to purchase this strip of land for a greenbelt area. An appraisal of the strip of land has been prepared by Baughar and Associates which indicates the market value • I • • ( • August 7, 1 978 Page 3 • • - of this strip to be $450 .0 0 . It has been noted that the strip of land continues north for another 250 to 300 feet with the same ut ility easement. Administrative Assistant Brown stated the Director of Utilities has stated that the entire strip of land is of no present or futu r e use to the City of Englewood. Administrative Assistant Brown stated the Board iq recommending that the City Council give the entire strip of land bordering the east side of the overhead reservoir to the City of Greenwood Village as a measure of goodwill. In response to Councilman Mann's question concerning whether or not the City could give away this land without any recompense, City Attorney Berardini stated the general law is the City should receive value for value and advised the Council that they should expect to receive some value for the release of the land. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR THE SALE OF 560 FEET X 8 l/2 FEET TO THE CITY OF GREENWOOD VILLAGE. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fol -lows: Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . Nays: None. The Mayor declared the motion carried. * * * * * * Administrative Assistant Brown presented the second item which is a recommendation to approve Supplement 61 South- gate Sanitation District. This request is for the inclusion of an area comprising of 20 single family residential taps. The area is located on South Monaco Street and north of Orchard. COUNCILMAN MANN MOVED TO APPROVE SUPPLEMENT 61 SOUTH- GATE SANITATION DISTRICT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays : None. The Mayor declared the motion carried. * * * * * * • I • August 7, 1978 Page 4 • • - City Manager McCown presented a request for a retail liquor store license -annual renewal for the Liquor Barn , 4415 South Broadway. City Manager McCown pointed out the police re- port concerning this request states that within the last year there was a violation for sale of liquor to minors at this establishment. City Manager McCown stated the employee who sold the liquor to the minor was terminated. Council discussed this matter expressing their desire for a further report from the Police Department and calling the Police Chief and the owners of the Liquor Barn to appear before Council to discuss the violation . COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THIS RENEWA L REQUEST UNTIL THE NEXT REGULAR COUNCIL MEETING AND HAVE A REPORT OF CASE NUMBER 78-992 CONCERNING THE LIQUOR VIOLATION AT THE LIQUOR BARN AND HAVE THE POLICE CHIEF AND OWNERS OF THE LIQUOR BARN TO BE PRESENT AT THAT MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Smith, Harper, Clayton, Mann, Taylor . Council Member Weber. The Mayor declared the motion carried. * * * * * * City Manager McCown presented requests for various liquor license renewals from the following businesses: A~da Item 5 (c) 5 (d) 5 (e) 5 (f) Request for a hotel/restaurant liquor license -annual renewal for the Ground Round, 5180 South Broadway. Request for a hotel/restaurant liquor license -annual renewal for Fifteenth Street, Inc., d/b/a The Waldorf, 4595 South Santa Fe Drive. Request for a hotel/restaurant liquor license -annual renewal for McGinty's Tig and Sidewalk Cafe, 3370 South Acoma Street. Request for a 3.2 retail beer license - annual renewal for Robert S. Briola d/b/a Bob's Grocery, 3296 South Washington • • I • Au gust 7 , 1978 Page 5 5 (g ) • • - Re q ues t fo r a 3.2 r eta il be e r l icense - a nnua l rene wal for Shak e y's Pi zz a Parlor 32 81 South Sa nta Fe Dr i ve. COUNCILMAN MANN MOVED TO APPROVE ALL THE ITEMS 5 (C) THROUGH 5 (G) LIQUOR LICENSE AND RETAIL BEER LICENSE RENEWAL RE- QUESTS. Councilman Wil liams s e conded the motion. Upon a ca l l o f the r o ll, the vot e r esulted a s foll ows : Ayes: Nays : Co uncil Mem b e rs Wi lliams, Weber , Smith, Har p er, Clay t on , Mann , Taylor. Non e . The Mayor de clar e d t h e mo t ion carried . * * * * * * City Manager McCo wn pr e s e nt e d a memorandum from the Director of Financ e concern i ng a pe t ition f or annexation for l ots 1, 2, and 3 o f Bell e Isle Garden s . COUNCILMAN SM I TH MO VED TO FORWARD THE ANNEXATION PETI- TION FOR LOTS 1, 2 AND 3 OF BELLE IS LE GARDENS TO THE DEPARTMENT OF COMMUNITY DEVELOPMEN T FO R A REPORT . Coun c ilman Mann seconded the motion. Upon a cal l of t h e r oll, th e vot e result e d as fol-lows: Ayes : Nays: Coun c i l Mem b ers Wil l i ams, We ber , Smith, Ha r pe r , Clayton , Mann, Taylor. None. The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum from t h e Di - rector of Finance, Director of Engineering Services and the Pur- chasing Agent concerning the Mille r Building bids . City Ma n ager McCown pointed out a correction in Attachment 12, BUDGET SUMMAR Y. He stated the sub total under "work to be completed" is incor r ect and should be corr e cted to $23,420.00. City Manager McCown s t a t e d the bids have been reviewed by the City a n d the City's const ruction manager and they are recommending that the low bidder in each category be awarded the job . The sum of the seven low b ids is $15,349 .48 . COUNCILMAN SMITH MOVED TO APPR OV E THE BI DS FO R REMOD EL- ING OF THE MILLER BUILDING AS SUBMITTED IN MR. JAMES'S MEMO • I • • August 7, 1978 Page 6 • • .. DATED AUGUST 3 , 1978 IN THE AMOUNT OF $15,349.48. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Non e . The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memora ndum from the Municipal Court Judge concerning the adoption of the most current uniform traffic code. City Manager McCown stated he has spoken to the Police Chief on this matter and the Police Chief concurs that the City needs to adopt the current uniform traffic code and the adoption would certainly simplify procedures in the Police Department for enforcing the traffic code. City Manager McCown also stated that the Police Chief assured him that no additional personnel or work hours would be need.ed to effect the new code. City Attorney Berardini stated the memorandum from the Municipal Court Judge states the code should be adopted without change; however, the City Attorney stated it may require some modifications or changes in the delegation of authority to estab- lish speed limits on various streets which is presently delegated to the Traffic Engineer. Also, City Attorney Berardini stated as a result of a case handed down from the Supreme Court, all the citations from municipal courts must note on it the number of points with the violations if the individual is found guilty or a plea of guilty is entered. Therefore, the Judge felt this was a good time to adopt the new code with the new sections so he would not have to reprint citations tickets, thus saving time and cost. COUNCILMAN CLAYTON MOVED THAT THE CITY ATTORNEY BE IN- STRUCTED TO DRAW UP THE PROPER ORDINANCE FOR THE IMPLEMENTATION OF THE UNIFORM TRAFFIC CODE FOR THE MEETING OF SEPTEMBER 5, 1978. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper , Clayton, Mann, Taylor. None. The Ma y or declared the motion carried. * * * * * * • I • • - I • August 7, 1978 Page 7 • • • INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 16, SERIES OF 1978 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. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 16, SERIES OF 1978 ON FINAL READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE FOR THE PARTIAL RELEASE OF CERTAIN PROPERTY GIVEN AS SECURITY FOR $17,285,000.00 HOSPITAL REVENUE BONDS, SERIES 1978 (PORTER MEMORIAL HOSPITAL PROJECT), SAID PROPERTY TO BE USED FOR THE PURPOSES OF AN EASEMENT OR RIGHT-OF-WAY FOR A TUNNEL. City Attorney Berardini stated the purpose of the bill is for the City to release certain property which is being held for security to pay the bond issue. City Attorney Berardini referred to a letter from attorney Michael Pederson of the law firm Saunders, Snyder, Ross and Dickson, P.C. The City Attorney stated that Mr. Pederson was planning to be present at the meet- ing to answer any questions the Council might have; however, the matter has come forth on the agenda before the time he had informed Mr. Pederson to arrive. The City Attorney advised Council to pass the bill on first reading anyway because the bill was in proper order and further advised Council to hear Mr. Pederson's presentation when he arrives at the meeting. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Weber seconded the motion • • I • • August 7, 1978 Page 8 • • - COUNCILMAN MANN MOVED TO POSTPONE ACTION ON THE BILL FOR AN ORDINANCE UNTIL THE END OF THE COUNCIL MEETING IN ORDER TO TO HEAR MR. PEDERSON'S PRESENTATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol -lows: Ayes: Council Members Williams, Clayton , Mann, Taylor . Nays : Counci l Members Weber, Smith, Harper. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYT ON MOVED TO PASS TH E PROCLAMATION RECOG- NIZ ING GRA DY FRANKLIN MAPLES FOR HIS CIVIC ACHIEVEMENT IN THE CITY OF ENGLEWOOD. Counc ilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. No ne. The Mayor declared the motion carr ied. * * * * * * City Attorney Berardini transmit ted to Council for in- formation purposes a letter addressed to the Mayo r and Members of City Council and Aetna Casu alty and Surety Company concerning the Swedish Medical Center Revenue Bonds. * * * * * * City Attorney Berardini transmitted to Council for in- for mat i on purposes a letter addressed to Mr . Tommy Drinkwine who represents Mr. and Mrs. Wiley B. Mathews in the case involving the alley in the 4800 block between South Fox and South Elati. * * * * * * City Attorney Berardini transmitted to Council for in- f ormation purposes a c ourt judgement in the case of Max Pino vs. the Police Pension Board of the City. City Attorney Berardini stated the judgement supports Mr. Pino in that he should be e ntitled to receive a police pension. * * * * * * • I • • ( ( August 7, 1978 Page 9 • • .. City Attorney Berardini tr ansmitted to Council for information purpo ses a court ruling in the case Herman Oliner, Bess Oliner and Robert Oliner vs . City of Englewood , Colorado concerning the lease and option agreement for property upon which the Police and Fire Center is located. City At torney Berardini stated the Oliners fel t there was a violation in the law by extending an option agreement in excess of the statutory period. Mr. Oliner wanted to re-negotiate the lease becaus e of some physical problems connected in op r- ating his business . City Attorney Berardini stated the Cou rt ruled in favor o f the City and that the City did not violat the rule against perpetuities. * * * * * * City Man ag er McCown presented a memorandum concerning the designation o f two or three Council members to attend h annua l National League of Cities Conference in St. Louis, Missouri, November 26 -29, 1978 . COUNCILMAN SMITH MOVED TO DESIGNATE COUNCILMAN VERN MANN AND COUNCILMAN DON WILLIAMS TO ATTEND THE NATIONAL LEAG UE OF CITIES CONFERENCE IN ST. LOUIS ON NOVEMBER 26-29 . Counc ilman Clayton seconded the motion . Upon a call of the rol l, the vote resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harp e r, Clayton, Mann, Taylor. Nays: Non e . The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum from the Di- rector of Community Development concerning the Thurman Annexation Petition. City Manager McCown stated several other petitions on different parcels of land will be sent to Council for consideration at different times in the next few months; therefore, he recom- mended that no action be taken until the zoning has been studied by the Planning and Zoning Commission and a recommendation sent to Council. COUNCILMAN CLAYTON MOVED TO POSTPONE ANY ACTION ON THIS REQUEST UNTIL A LATER DATE. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. • I • August 7, 1978 Page 10 .. • • • The Mayor declared the motion carried. * * * * * * RESOLUTION NO . 50, SERIES OF 1978 A RESOLUTION TO ADD THE FOLLOWING POSITION TO THE CLASSIFICATION PLAN: DEPUTY CHIEF. City Manager McCown stated the resolution concerns the fire department re-organization plan. City Manager McCown stated the Career Service Board has approved the job description for this position. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 50, SERIES OF 1978. Councilman Weber 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 Williams, Mann. Councilman Williams stated based on the fact that he voted against the whole re-organization plan at the start, he would have to vote against the resolution. The Mayor declared the motion carried . * * * * * * City Manager McCown announced that the Employees Award Banquet has been scheduled for Friday, September 15, 1978, at the Pinehurst Country Club. City Manager McCown invited the Council to attend the banquet as guests of the City. * * * * * * City Manager McCown informed the Council that a conces- sionaire for the golf course has been designated and that the agree- ment was signed on this date. City Manager McCown stated the oper- ators are in the process of applying for a 3.2 beer license with the City of Sheridan . * * * * * * COUNCILMAN MANN MOVED TO DESIGNATE SEPTEMBER 22 -24, 1978 AS AN OUT-OF-TOWN BUDGET RETREAT PREFERABLY A TWO DAY RETREAT OVER A WEEKEND. Councilman Smith seconded the motion • • ) I • ....... ( • August 7, 1978 Page 11 • • .. Counci lman Weber spoke against having an out-of-town budget retreat. Councilman Weber stated he felt the work co~ld just as well as be accomplis hed in the study session conference room eliminating out-of-town travel time and attendant expenses. Councilman Smith stated he did not care whether the retreat was held in-town or out-of-town; however, he has parti- cipated in both ways and feels th e out-of-town retreat is more successful for maintaining work continuity and allowing Council to make a thorough review in a shorter period of time. Up on a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Williams, Smith, Mann, Taylor. Counc il Members Weber, Harper , Clayton. The Mayor declared the motion carried. * * * * * * City Manager McCown stated the staff is proce e ding on hiring an architect for the feasibility study on t he Court facili -ties/Council Chambers. * * * * * * Mayor Taylor recognized the arrival of Mr. Michael Pederson attorney representing Porter's Hospital matter discussed earlier in the meeting. Mr. Michael Pederson and Mr. Henry Cleveland, attorneys from the law firm Saunders, Snyder, Ross and Dickson, P.C., re- presenting the Porter's Hospital matter appeared before Council . Mr. Pederson discussed their request for the Council to pass an ordinance that would allow Porter Memorial Hospital to grant an easement for a tunnel between the office building and the hospital facilities. A short question and answer period followed the pre-sentation. Upon a call of the roll, the vote on the original motion made by Councilman Smith to pass the bill for an ordinance on first reading resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor • • I • • August 7, 1978 Page 12 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried and adjourned the regular Council meeting at 8 :25 p.m. • I • • • REGULAR MEETING: • • • COUNCIL CHAMB ERS CIT Y OF ENGLEWOOD , COLORADO August 7 , 1978 The City Council of the City o f Englewood, Arapahoe County, Co lorado, met in regular session on August 7, 1978, at 7 :30 p.m. Mayor Taylor, presiding, called the meeting to order . The invocat i on was given by Councilman David Clayton. The Pledge of Allegiance was led by Mayor James L. Taylor. Mayor Ta ylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber , Sm i th, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Ber a rdini Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF REGULAR COUNCIL MEETING OF JULY 17, 1978 . Councilman Harper s econded the motion. Upon a call of the roll, the vote resulted as foll ows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper , Clayton, Mann, Taylor. None. The Mayor d e clared the motion carried. * * * * * * Pre-scheduled visitor, Lowell Palmquist , Executive Di- rector of the Swedish Medical Center, was present and convey ed appreciation on behalf of the Board of Directors to the Council for their assistance in the Center 's tax exempt bond iss ue • • I • • August 7, 1978 Page 2 • • • Mayor Taylor accepted Mr. Palmquist's words and letter of appreciation and stated the City is very proud to have the Center. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard. No one responded. * * * * * * "Conmrunications -No Action Reconnnended" on the agenda were received : (a) (b) (c) (d) (e) (f) (g) Minutes of the Board of Adjustment and Appeals meeting of June 14, 1978. Minutes of the Denver Regional Council of Governments meeting of June 28, 1978. Minutes of the Planning and Zoning Connnis- sion meeting of July 5 , 1978. Minutes of the Librar.y Board meeting of July 5, 1978 . Minutes of the Election Commission meeting of July 13, 1978. Memorandum from the Director of Community Development to the City Manager concerning 1470 West Tufts Annexation/Nava jo Street Extension. Memorandum to the Mayor and Members of City Council concerning the Manager/Fire Leadership Workshop in Seattle, Washington on July 12-14. 1978. * * * * * * City Manager McCown requested Administrative Assistant Brown to present the two reconnnendations from the Water and Sewer Board as presented in the minutes of their meeting on July 18, 1978. Administrative Assistant Brown pr esent ed the first item which concerns relinquishing the utility easement at the overhead reservior sit to Greenwood Village. The strip of land is 8.5 feet by 265 and Greenwood Village desires to purchase this strip of land for a greenbelt area. An appraisal of the strip of land has been prepared by Baughar and Associates which indicates the market value • ) I • • Au g us t 7 , 1 978 Page 3 • • • of this strip to b e $450.00. It has been noted that the strip of land continues north for another 250 to 300 feet with the same utility easement. Administrative As sistant Brown sta ted the Director of Utilities has stated that the entire strip of land is of no present or future use to the City of Englewoo d. Administrative Assistant Brown stated the Board i s recommending that the City Council give the e ntire strip o f land bordering the east s i de o f the overhead reservoir to the City of Gr e enwood Village as a measure of goodwill. In response to Counc i lman Mann's question concerning wheth e r or no t the City cou l d giv e away this l and without any recompense, City Attorney Berard i ni stated the general law is the City should receiv e value f or value and advised the Council t h a t they should e Kpec t to rece i ve some v a lue f or the release of t h e la n d . COUNCILMAN MANN MOV ED TO DI RECT THE CI TY ATTORNEY TO PR EPARE AN ORD I NANC E FOR TH E SA LE OF 560 FEET X 8 1/2 FEET TO THE CIT Y OF GREENWOOD VILLAGE. Counc ilman Will iams seconded t he motion. Upon a call of the rol l , th e v ote resulted as fol-lows: Ay es : Council Memb e rs Williams , Weber, Smith, Harp e r, Clayton, Mann, Taylor . Nays : None. The Mayor declared th e motion carried. * * * * * * Adm inistrative Assistant Br own pr esented th e second item wh ich is a recommendation to a pp rove Supp l ement 61 South - g at e Sanitation District . This request is fo r t he inclus i on o f an area comprising of 20 single famil y residen tial taps. The area is located on South Monaco Street and nort h o f Or c h a rd. COUNCILMAN MANN MOVED TO APPROVE SUPPL EMENT 6 1 SOUTH- GATE SAN ITATION DISTRICT. Councilman Smith second e d th e motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, We b e r, Smith, Harper, Clayton, Mann, Taylor . Nays : None. The Mayor declared the motion carried . * * * * * * • I • • • August 7, 1978 Page 4 • • .. City Manager McCown presented a request for a retail liquor store license -annual renewal for the Liquor Barn, 4415 South Broadway. City Manager McCown pointed out the police re- port concerning this request states that within the last year there was a violation for sale of liquor to minors at this establishment. City Manager McCown stated the employee who sold the liquor to the minor was terminated . Council discussed this matter expressing their desire for a further report from the Police Department a n d calling the Police Chief and the owners of the Liquor Barn to appear before Council to discuss the violation. COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THIS RENEWAL REQUEST UNTIL THE NEXT REGULAR COUNCIL MEETING AND HAVE A REPORT OF CASE NUMBER 78-992 CONCERNING THE LIQUOR VIOLATION AT THE LIQUOR BARN AND HAVE THE POLICE CHIEF AND OWNERS OF THE LIQUOR BARN TO BE PRESENT AT THAT MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Council Member Weber. The Mayor declared the motion carried . * * * * * * City Manager McCown presented requests for various liquor license renewals from the following businesses: A enda Item 5 (c) 5 (d) 5 (e) 5 (£) Request for a hotel/restaurant liquor license -annual renewal for the Ground Round, 5180 South Broadway. Request for a hotel/restaurant liquor license -annual renewal for Fifteenth Street, Inc., d/b/a The Waldorf, 4595 South Santa Fe Drive. Request for a hotel/restaurant liquor license -annual renewal for McGinty's Tig and Sidewalk Cafe, 3370 South Acoma Street. Request for a 3.2 retail beer license - annua l renewal for Robert S. Briola d/b/a Bob's Grocery, 3296 South Washington • • I • August 7, 1978 Page 5 5 (g) ,. • • - Request for a 3.2 retail beer license - annual renewal for Shakey's Pizza Parlor 3281 South San ta Fe Drive. COUNCILMAN MANN MOVED TO APPROVE ALL THE ITEMS 5 (C) THROUGH 5 (G) LIQUOR LICENSE AND RETAIL BEER LICENSE RENEWAL RE- QUESTS. Councilman Williams seconded the motion. Upon a call of the roll , the vote resulted as foll ows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Cl ayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning a petition for annexation for lots 1, 2, and 3 of Belle Isle Gardens. COUNCILMAN SMITH MOVED TO FORWARD THE ANNEXATION PETI- TION FOR LOTS 1 , 2 AND 3 OF BELLE ISLE GARDENS TO THE DEPARTMENT OF COMMU NITY DEVELOPMENT FOR A REPORT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Williams, Weber, Smith, Harp er, Clayton, Mann, Taylor . None. The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum from the Di- rector of Finance, Director of Engineering Services and the Pur- chasing Agent concerning the Miller Building bids . City Manager McCown pointed out a correction in Attachment #2, BUDGET SUMMARY. He stated the sub total under "work to be completed " is incorrect and should be corrected to $23,420.00 . City Manager McCown stated the bids have been reviewed by the City and the City's construction manager and they are recommending that the low bidder in each category be awarded the job. The sum of the seven low bids is $15,349.48. COUNCILMAN SMITH MOVED TO APPROVE THE BIDS FOR REMODEL- ING OF THE MILLER BUILDING AS SUBMITTED IN MR. JAMES'S MEMO • ) I • August 7, 1978 Page 6 • • .. DATED AUGUST 3 , 1978 IN THE AMOUNT OF $15,349.48. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Weber, Sm ith , Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown pres en ted a memorandum from the Municipal Court Judge concerning th e adoption of the most current uniform tra ffic co de. City Manager McCown stated he has spoken to the Police Chief on this matter and the Police Chief concurs that the City needs to adopt the current uniform traffic code and the adoption would certainly simplify procedures in the Police Department for enforcing the traffic code. City Manager McCown also stated that the Police Chief assured him that no additional personnel or work hours would be need€d to effect the new code . City Attorney Berardini stated the memorandum from the Municipal Court Judge states the code should be adopted without change; however , the City Attorney stated it may require some modifications or changes in the delegation of authority to estab- lish speed limits on various streets which is presently delegated to the Traffic Engineer. Also, City Attorney Berardini stated as a result of a case handed down from the Supreme Court, all the citations from municipal courts must note on it the number of points with the violations if the individual is found guilty or a plea of guilty is entered. Therefore, the Judge felt this was a good time to adopt the new code with the new sections so he would not have to reprint citations tickets, thus saving time and cost . COUNCILMAN CLAYTON MOVED THAT THE CITY ATTORNEY BE IN- STRUCTED TO DRAW UP THE PROPER ORDINANCE FOR THE IMPLEMENTATION OF THE UNIFORM TRA FFIC CODE FOR THE MEETING OF SEPTEMBER 5, 1978 . Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper , Clayton, Mann , Taylor. None. Th Ma yor declared the motion carried . * * * * * * • I • August 7, 197 8 Page 7 • • • INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 16, SERIES OF 1978 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. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 16, SERIES OF 1978 ON FINAL READING. Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Counc i l Members Williams, Weber, Smith, Harper, Clayton , Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE FOR THE PARTIAL RELEASE OF CERTAIN PROPERTY GIVEN AS SECURITY FOR $17,285,000.00 HOSPITAL REVENUE BONDS, SERIES 197 8 (PORTER MEMORIAL HOSPITAL PROJECT), SAID PROPERTY TO BE USED FOR THE PURPOSES OF AN EASEMENT OR RIGHT-OF-WAY FOR A TUNNEL . City Attorney Berardini stated the purpose of the bill is for the City to release certain property which is being held for security to pay the bond issue . City Attorney Berardini referred to a letter from attorney Michael Pederson of the l aw firm Saunders, Snyder, Ross and Dickson, P.C . The City Attorney stated that Mr. Pederson was planning to be present at the meet- ing to answer any questions the Council might have; however, the matter has come forth on the agenda before the time he had informed Mr . Pederson to arrive . The City Attorney advised Council to pass the bill on first reading anyway because the bill was in ~roper order and further advised Council to hear Mr. Pederson s presentation when he arrives at the meeting. COUNCILMAN SMITH MOV ED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Weber seconded the motion • • ) I • • - August 7, 1978 Page 8 • • • COUNCILMAN MANN MOVED TO POSTPONE ACTION ON THE BILL FOR AN ORDINANCE UNTIL THE END OF THE COUNCIL MEETING IN ORDER TO TO HEAR MR. PEDERSON'S PRESENTATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Council Members Williams, Clayton, Mann, Taylor. Nays : Council Members Weber , Smith, Harper. The Mayor declared the motion carried . * * * * * * COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION RECOG- NIZING GRADY FRANKLIN MAPLES FOR HIS CIVIC ACHIEV EMENT IN THE CITY OF ENGLEWOOD. Co uncilman Mann seconded the motion. Upon a call of t he ro ll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardin i transmitted to Council for in- f ormation purposes a letter addressed to the Mayor and Members of City Council and Aetna Casualty and Surety Company concerning the Swedish Medical Center Revenu e Bonds. * * * * * * City Attorney Berardini transmitted to Council for in- formation purposes a letter addressed to Mr. Tommy Drinkwine who represents Mr . and Mrs. Wiley B. Mathews in the case involving the alley in the 4800 block between South Fox and South Elati . * * * * * * City Attorney Berardini transmitted to Council for in- formation purposes a court judgement in the case of Max Pino vs. the Police Pension Board of the City. City Attorn ey Berardini stated the judgemen t supports Mr. Pino in that he should be entitled to receive a police pension. * * * * * * • I • • ]- ( • August 7, 1978 Page 9 • • • City Att orney Berardini transmitted to Council for information purpos es a court ruling in the case Herman Oliner, Bess Oliner and Robert Oliner vs. City of Englewood, Colorado concerning the lease and option agreement for property upon which the Police a nd Fire Center is located. City Attorney Berardini stated the Oliners felt there was a violation in the law by extending an option agreement in excess of the statutory period. Mr. Oliner wanted to re-negotiate the lease because of some physical problems connected in oper- ating his business. City Attorney Berardini stated the Court ruled in favor of the City and that the City did not violate the rule against perpetuities. * * * * * * City Manager McCown presented a memorandum concerning the designation of two or three Council members to attend the annual National League of Cities Conference in St. Louis, Missouri , November 26 -29, 1978. COUNCILMAN SMITH MOVED TO DESIGNATE COUNCILMAN VERN MANN AND COU NCILMAN DON WILLIAMS TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE IN ST. LOUIS ON NOVEMBER 26-29. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Community Development concerning the Thurman Annexation Petition. City Manager McCown stated several other petitions on different parcels of land will be sent to Council for consideration at different times in the next few months; therefore, he recom- mended that no action be taken until the zoning has been studied by the Planning and Zoning Commission and a recommendation sent to Council. COUNCILMAN CLAYTON MOVED TO POSTPONE ANY ACTION ON THIS REQUEST UNTIL A LATER DATE. Councilman Mann seconded the motion. Up on a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Non e . • I • • August 7, 1978 Page 10 • • • The Mayor declared the motion carried. * * * * * * RESOLUTION NO . 50, SERIES OF 1978 A RESOLUTION TO ADD THE FOLLOWING POSITION TO THE CLASSIFICATION PLAN : DEPUTY CHIEF. City Manager McCown stated the resolution concerns the fire department re-organi zation plan. City Manager McCown stated the Career Service Board has approved the job description for this position . COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 50, SERIES OF 1978. Councilman Weber 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 Williams, Mann. Councilman Williams stated based on the fact that he voted against the whole re-organization plan at the start, he would have to vote against the resolution. The Mayor declared the motion carried . * * * * * * City Manager McCown announced that the Employees Award Banquet has been scheduled for Friday, September 15, 1978, at the Pinehurst Country Club. City Manager McCown invited the Council to attend the banquet as guests of the City. * * * * * * City Manager McCown informed the Council that a conces- sionaire for the golf course has been designated and that the agree- ment was signed on this date. City Manager McCown stated the oper- ators are in the process of applying for a 3.2 beer license with the City of Sheridan. * * * * * * COUNCILMAN MANN MOVED TO DESIGNATE SEPTEMBER 22 -24, 1978 AS AN OUT-OF-TOWN BUDGET RETREAT PREFERABLY A TWO DAY RETREAT OVER A WEEKEND. Councilman Smith seconded the motion . • I • • ( • August 7, 1978 Page 11 • • • Counci lman Weber spoke against having an out-of-town budget retreat. Councilman Weber stated he felt the work could just as well as be accomplished in the study session conference room eliminating out-of-town travel time and attendant expenses. Councilman Smith stated he did not care whether the retreat was held in-town or out-of-town; however, he has parti- cipated in both ways and feels the out-of-town retreat is more successful for maintaining work continuity and allowing Council to make a thorough review in a shorter period of time. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays : Council Members Williams, Smith, Mann, Taylor. Council Members Weber, Harper, Clayton. The Mayor declared the motion carried. * * * * * * City Manager McCown stated the staff is proceeding on hiring an architect for the feasi bility study on the Court facili-ties/Council Chambers. * * * * * * Mayor Taylor recognized the arrival of Mr. Michael Pederson attorney representing Porter's Hospital matter discussed earlier in the meeting. Mr. Michael Pederson and Mr. Henry Cleveland, attorneys from the law firm Saunders, Snyder, Ross and Dickson, P.C., re- presenting the Porter 's Hospital matter appeared before Council. Mr. Pederson d i scussed their request for the Council to pass an ordina nce that wou l d a llow Porter Memor i al Hospital to grant an easement for a tunn el between the office building and the hospital facilities. A short question and answer period followed the pre-sentation. Upon a call of the roll, the vote on the original motion made by Councilman Smith to pass the bill for an ordinance on first reading resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper , Clayton, Mann, Taylor • • I • • - • August 7, 1978 Page 12 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton , Mann, Taylor. None. The Mayor declared the motion carried and adjourned the regular Council meeting at 8 :25 p.m. • I . ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO August 7, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado , met in regular session on August 7, 1978, at 7 :30 p.m . Mayor Taylor, presiding, called the meeting to order. The invo cation was given by Councilman David Clayton. The Pledge o f Allegiance was led by Mayor James L. Taylor. Mayo r Taylor asked for roll call. Upon a call of the roll, the fo llowing were present: Council Members Williams, Weber , Smith, Harper, Clayton, Mann , Taylor. Absent : None . Th e Mayor declared a quorum present . * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF REGULAR COUNCIL MEETING OF JULY 17, 1978 . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clay t on, Mann , Taylor. None. The Mayor d e clared the motion carried. * * * * * * Pre-scheduled visitor, Lowell Palmquist, Executive Di - rector of the Swed i sh Medical Center, was present and conveyed appreciation on behalf of the Board of Directors to the Council for their assistance in the Center's tax exempt bond issue • • I • • August 7, 1978 Page 2 • • • Mayor Taylor accepted Mr. Palmquist's words and letter of appreciation and stated the City is very proud to have the Center. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard. No one responded. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) (g) Minutes of the Board of Adjustment and Appeals meeting of June 14, 1978. Minutes of the Denver Regional Council of Governments meeting of June 28, 1978. Minutes of the Planning and Zoning Commis- sion meeting of July 5, 1978. Minutes of the Library Board meeting of July 5, 1978. Minutes of the Election Commission meeting of July 13, 1978. Memorandum from the Director of Community Development to the City Manager concerning 1470 West Tufts Annexation/Navajo Street Extension. Memorandum to the Mayor and Members of City Council concerning the Manager/Fire Leadership Workshop in Seattle, Washington on July 12- 14. 1978. * * * * * * City Manager McCown requested Administrative Assistant Brown to present the two recommendations from the Water and Sewer Board as presented in the minutes of their meeting on July 18, 1978. Administrative Assistant Brown presented the first item which concerns relinquishing the utility easement at the overhead reservior site to Greenwood Village. The strip of land is 8.5 feet by 265 and Greenwood Village desires to purchase this strip of land for a greenbelt area. An appraisal of the strip of land has been prepared by Baughar and Associates which indicates the market value • I • • ( • August 7, 1978 Page 3 ,. • • .. of this strip to be $450.00. It has been noted that the strip of land continues no rt h for another 250 to 300 feet with the same utility easement. Administrative Assistant Brown stated the Di rector of Utilities has stat e d tha t the entire strip of land is of no present or f uture use to the City of Englewood. Admini strative Assistan t Brown stated the Board is recommending that t h e City Counc il give the entire strip of land bordering the east side of the overhead reservoir to the City of Greenwood Village as a measure of goo dw ill . In response to Councilman Mann's question concerning whether or not the City could give away this land without any recompense, City Attorney Berardini stated the general law is the Ci ty should receive value for value and advised the Council that they should expect to receive some value for the release of the land. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORN EY TO PREPARE AN ORDINAN CE FOR THE SALE OF 560 FEET X 8 l/2 FEET TO THE CITY OF GREENWOOD VILLAGE. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fol -lows : Ayes : Council Members Williams , Weber, Smith, Harper, Clayton, Mann, Taylor . Nays : None . The Mayor declared the motion carried. * * * * * * Administrative Assistant Brown presented the second item which is a recommendation to approve Supplement 61 South- gate Sanitation District. This request is for the inclusion of an area comprising of 20 single family residential taps. The area is located on South Monaco Street and north of Orchard. COUNCILMAN MANN MOVED TO APPROVE SUPPLEMENT 61 SOUTH- GATE SANITATION DISTRICT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . Nays: None. The Mayor declared the motion carried . * * * * * * • I • - • August 7, 1978 Page 4 • • • City Manager McCown presented a request for a retail liq uor store license -annual renewal for the Liquor Barn, 4415 South Broadway. City Manager McCown pointed out the police re- port concerning this request states that within the last year there was a violation for sale of liquor to minors at this establishment. City Manager McCown stated the employee who sold the liquor to the minor was termi nated. Council discussed this matter expressing their desire for a further report from the Police Department and calling the Police Chief and the owners of the Liquor Barn to appear b efore Council to discuss the violation . COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THIS RENEWAL REQUEST UNTIL THE NEXT REGULAR COUNCIL MEETING AND HAVE A REPORT OF CASE NUMBER 78-992 CONCERNING THE LIQUOR VIOLATION AT THE LIQUOR BARN AND HAVE THE POLICE CHIEF AND OWNERS OF THE LIQU OR BARN TO BE PRESENT AT THAT MEETING . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor . Council Member Weber. The Mayor declared the motion carried. * * * * * * City Manager McCown presented requests for various liquor license renewals from the following businesses: Agenda Item 5 (c) 5 (d) 5 (e) 5 (f) Request for a hotel/restaurant liquor license -annual renewal for the Ground Round, 5180 South Broadway. Request for a hotel/restaurant liquor license -annual renewal for Fifteenth Street, Inc., d/b/a The Waldorf, 4595 South Santa Fe Drive. Request for a hotel/restaurant liquor license -annual renewal for McGinty's Tig and Sidewalk Cafe, 3370 South Acoma Street. Request for a 3.2 retail beer license - annual renewal for Robert S. Briola d/b/a Bob's Grocery, 3296 South Washington • • I • - ( • August 7 , 1978 Page 5 5 (g) • • - Request fo r a 3.2 retail beer license - annual renewal for Shakey's Pizza Parlor 3281 South San ta Fe Drive . COUNCILMAN MANN MOVED TO APPROVE ALL THE ITEMS 5 (C) THROUGH 5 (G) LIQUOR LICENSE AND RETAIL BEER LICENSE RENEWAL RE- QUESTS. Councilman Williams seconded the motion . Upon a call of the roll , the v ote resulted as fo llows : Ayes: Nays : Council Members Williams, Weber, Smith , Harper, Clayton, Mann, Taylor . None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning a petition for annexation for lots l, 2, and 3 of Belle Isle Gardens. COUNCILMAN SMITH MOVED TO FORWARD THE ANNEXATION PETI- TION FOR LOTS l, 2 AND 3 OF BELLE ISLE GARDENS TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR A REPORT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper , Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Finance, Director of Engineering Services and the Pur- chasing Agent concerning the Miller Building bids. City Manager McCown pointed out a correction in Attachment #2, BUDGET SUMMARY. He stated the sub total under "work to be completed" is incorrect and should be corrected to $23,420 .00. City Manager McCown stated the bids have been reviewed by the City and the City's construction manager and they are recommending that the low bidder in each category be awarded the job . The sum of the seven low bids is $15,349.48. COUNCILMAN SMITH MOVED TO APPROVE THE BIDS FOR REMODEL-ING OF THE MILLER BUILDING AS SUBMITTED IN MR. JAMES 'S MEMO • I • • August 7, 1978 Page 6 • • - DATED AUGUST 3, 1978 IN THE AMOUNT OF $15,349.48. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Municipal Court Judge concerning the adoption of the most current uniform traffic code . City Manager McCown stated he has spoken to the Police Chief on this matter and the Police Chief concurs that the City needs to adopt the current uniform traffic code and the adoption would certainly simplify procedures in the Police Department for enforcing the traffic code. City Manager McCown also stated that the Police Chief assured him that no additional personnel or work hours would be need~d to effect the new code. City Attorney Berardini stated the memorandum from the Municipal Court Judge states the code should be adopted without change; however, the City Attorney stated it may require some modifications or changes in the delegation of authority to estab- lish speed limits on various streets which is presently delegated to the Traffic Engineer. Also, City Attorney Berardini stated as a result of a case handed down from the Supreme Court, all the citations from municipal courts must note on it the number of points with the violations if the individual is found guilty or a plea of guilty is entered. Therefore, the Judge felt this was a good time to adopt the new code with the new sections so he would not have to reprint citat i ons tickets, thus saving time and cost. COUNCILMAN CLAYTON MOVED THAT THE CITY ATTORNEY BE IN- STRUCTED TO DRAW UP THE PROPER ORDINANCE FOR THE IMPLEMENTATION OF THE UNIFORM TRAFFIC CODE FOR THE MEETING OF SEPTEMBER 5, 1978. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Will i ams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the mot i on c arried. * * * * * * • ,. I • • Augus t 7 , 1 978 P a ge 7 • • .. INTRODUCED AS A BILL BY COUNCILMA N MANN BY AUTHORITY ORDINANCE NO. 16 , SERIES OF 1978 AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING TH E QUESTION OF THE ESTABLISHMENT OF A DOWNTOWN DEVELOPMENT AUTHORITY TO A VOTE OF THE QUALIF IED ELECTOR S OF THE DI STRICT AND PROVI DI NG FOR THE CONDUCT THEREOF. COUNCI LMAN MANN MOVED TO PASS ORDINANCE NO. 16, SERI ES OF 1978 ON FIN AL READIN G. Counc i lman Williams seconded the motion. Upon a ca l l of th e r oll, the vote resul t ed as follows: Ayes : Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . None. The Mayor de clared the motion ca r rie d. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE FOR THE PARTIAL RELEASE OF CERTAIN PROPERTY GIVEN AS SECURITY FOR $17,28 5 ,000.00 HOSPITAL REVEN UE BONDS, SERIES 1978 (PORTER MEMORIAL HOSPITAL PROJEC T), SA I D PROPERTY TO BE USED FOR THE PUR PO SES OF AN EA SEMEN T OR RIGHT -OF -WAY FOR A TUNNEL. City Attorney Berardini stated t h e pu rpose of th e bill is f o r the City to release certain property which i s b eing h e ld for security to pay the bond issue . City Attorney Be r a r din i referred to a letter from attorney Michael Pederson of the law firm Saunders, Snyder, Ross and Dickson, P .C. The City Attorn e y stated that Mr. Pederson was planning to be present at the meet - ing to a n s wer any questions the Council might have; however , the matter has com forth on the agenda before the time he had informed Mr . Pederson to arrive . The City Attorney advised Council to pass the bill on first reading anyway be c ause t h e bill was in proper order and further advised Council to h ear Mr. Pederson's presentation when he arrives at the meetin g . COU NCILMAN SMITH MO VE D TO PASS THE BIL L FOR AN ORDINANCE ON FI RST READING. Councilman Weber seconded the mot i on • • r I • • • August 7, 1978 Page 8 .. • • • COUNCILMAN MANN MOVED TO POSTPONE ACTION ON THE BILL FOR AN ORDINANCE UNTIL THE END OF THE COUNCIL MEETING IN ORDER TO TO HEAR MR. PEDERSON'S PRESENTATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Council Members Taylor. Williams, Clayton, Mann, Nays: Council Members Weber, Smith, Harper. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION RECOG- NIZING GRADY FRANKLIN MAPLES FOR HIS CIVIC ACHIEVEMENT IN THE CITY OF ENGLEWOOD. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Attorney Berardin i transmitted to Council for in- formation purposes a letter addressed to the Mayor and Members of City Council and Aetna Casualty and Surety Company concerning the Swedish Medical Center Revenue Bonds. * * * * * * City Attorney Berardini transmitted to Council for in- formation purposes a letter addressed to Mr. Tommy Drinkwine who represents Mr. and Mrs. Wiley B. Mathews in the case involving the alley in the 4800 block between South Fox and South Elati. * * * * * * City Attorney Berardini transmitted to Council for in- formation purposes a court judgement in the case of Max Pino vs. the Police Pension Board of the City. City Attorney Berardini stated the judgement supports Mr. Pino in that he should be entitled to receive a police pension. * * * * * * • [) I • • - ( August 7, 1978 Page 9 • • • City Attorney Berardini transmitted to Council for information purposes a court ruling in the case Herman Oliner, Bess Oliner and Robert Oliner vs. City of Englewood, Colorado concerning the lease and option agreement fo r property upon which the Police and Fire Center is located. City Attorney Berardini stated the Oliners felt there was a violation in the law by extending an option agreement in excess of the statutory period. Mr. Oliner wanted to re-negotiate the lease becaus e of some physical problems connected in oper- ating his business. City Attorney Berardini stated the Court ruled in favor of the City and that the City d id not violate the rule against perpetuities. * * * * * * City Manager McCown presented a memorandum concerning the designation of two or three Council members to attend the annual National League of Cities Conference in St. Louis, Missouri, November 26 -29, 1978 . COUNCILMAN SMITH MOVED TO DESIGNATE COUNCILMAN VERN MANN AND COUNCILMAN DON WILLIAMS TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE IN ST. LOUIS ON NOVEMBER 26-29. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Community Development concerning the Thurman Annexation Petition. City Manager McCown stated several other petitions on different parcels of land will be sent to Council for consideration at different times in the next few months; therefore, he recom- mended that no action be taken until the zoning has been studied by the Planning and Zoning Commission and a recommendation sent to Council. COUNCILMAN CLAYTON MOVED TO POSTPONE ANY ACTION ON THIS REQUEST UNTIL A LATER DATE. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nay s: Council Members Williams, Weber, Smith, Harper, Clayton , Mann, Taylor. None . • I • • August 7, 1978 Page 10 .. • • - The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 50, SERIES OF 1978 A RESOLUTION TO ADD THE FOLLOWING POSITION TO THE CLASSIFICATION PLAN : DEPUTY CHIEF. City Manager McC own stated the resolution concerns the fire department re-organization plan. City Manager McCown stated the Career Service Board has approved the job d escription for this position . COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO . 50, SERIES OF 1978. Councilman Weber 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 Williams, Mann. Councilman Williams stated based on the fact that h e voted against the whole re-organization plan at the start, he would have to vote against the resolution . The Mayor declared the motion carried. * * * * * * City Manager McCown announced that the Employees Award Banquet has been schedul~d for Friday, September 15, 1978, at the Pinehurst Country Club. City Manager McCown invited the Council to attend the banquet as guests of the City. * * * * * * City Manager McCown informed the Council that a conces- sionaire for the golf course has been designated and that the agree- ment was signed on this date. City Manager McCown stated the oper- ators are in the process of applying for a 3.2 beer license with the City of Sheridan. * * * * * * COUNCILMAN MANN MOVED TO DESIGNATE SEPTE MBER 22 -24, 197 8 AS AN OUT-OF-TOWN BUDGET RETREAT PREFERABLY A TWO DAY RETREAT OVER A WEEKEND. Councilman Smith seconded the motion . • I • • • August 7, 1978 Page 11 • • • Councilman Weber spoke against having an out-of-town budget retreat. Councilman Weber stated he felt the work could just as well as be accomplished in the study session conference room eliminating out-of-town travel time and attendant expenses. Councilman Smith stated he did not care whether the retreat was held in-town or out-of-town; however, he has parti- cipated in both ways and feels the out-of-town retreat is more successful for maintaining work continuity and allowing Council to ma ke a thorough review in a shorter period of time. Upon a call of the roll, the vote on the motion resulted as foll ows : Ayes: Nays : Council Members Williams, Smith, Mann, Taylor . Council Members Weber, Harper, Clayton. The Mayor declared the motion carried. * * * * * * City Manager McCown stated the staff is proceeding on hiring an architect for the feasibility study on the Court facili-ties/Council Chambers. * * * * * * Mayor Taylor r ecognized the arrival of Mr. Michael Pederson attorney representing Porter's Hospital matter discussed earlier in the meeting. Mr. Michael Pederson and Mr . Henry Cleveland, attorneys from the law firm Saunders, Snyder, Ross and Dickson, P.C., re- presenting the Porter 's Hospital matter appeared before Council. Mr. Pederson discussed their request for the Council to pass an ordinance that would allow Porter Memorial Hospital to grant an easement for a tunnel between the office building and the hospital facilities. sentation. A short question and answer period followed the pre- Upon a call of the roll, the vote on the original motion made by Councilman Smith to pass the bill for an ordinance on first reading resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor • • I • • August 7, 1978 Page 12 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried and adjourned t he regular Council meeting at 8 :25 p.m. • I . REGULAR MEETING: • • .. COUNCI L CHAMB ERS CITY OF ENGLEWOOD, COLORADO Aug u st 7, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado , met in regular session on August 7 , 1978, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman David Clayton . The Pledge of Allegiance was led by Mayor James L. Taylor. Mayor Taylor asked for roll call. Upon a cal l of the roll, the following were present: Council Members Williams, Weber, Smith, Harper , Clayton, Mann, Tay lor . Absent: None . The Mayor declared a quorum present. * * * * * * Also pres ent we re: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MI NUTES OF REGULAR COUNCIL MEETING OF JULY 17, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote result e d as foll ows: Ayes : Counc il Members Williams, Weber, Smith, Harper , Clayton, Mann, Taylor . Nays : None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Lowell Palmquist, Executive Di- rector of the Swed ish Medic al Center, was present and conveyed appreciation on behal f of the Board of Directors to the Council for their assistance i n the Center's tax exempt bond issue . I • August 7, 1978 Page 2 • • • Mayor Taylor accepted Mr. Palmquist's words and letter of appreciation and stated the City is very proud to have the Center. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard. No one responded. * * * * * * "Communicat ions -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) (g) Minutes of the Board of Adjustment and Appeals meeting of June 14, 1978. Minutes of the Denver Regional Council of Governments meeting of June 28, 1978. Minutes of the Planning and Zoning Commis- sion meeting of July 5, 1978 . Minutes of the Library Board meeting of July 5, 1978. Minutes of the Election Commission meeting of July 13, 1978 . Memorandum from the Director of Community Development to the City Manager concerning 1470 West Tufts Annexation/Navajo Street Extension. Memorandum to the Mayor and Members of City Council concerning the Manager/Fire Leadership Workshop in Seattle, Washington on July 12-14, 1978. * * * * * * City Manager McCown requested Administrative Assistant Brown to present the two recommendations from the Water and Sewer Board as presented in the minutes of their meeting on July 18, 1978. Administrative Assistant Brown pr es ented the first item which concerns relinquishing the utility eas ement at the overhead reservior site to Greenwood Village. The strip of land is 8.5 feet by 265 and Greenwood Village desires to purchase this strip of land for a greenbelt area. An appraisal of the strip of land has been prepared by Baughar and Associates which indicates the market value • ) I • • ( • August 7, 1 978 Page 3 ,. • • - of this strip to be $450 .00. It has been noted that th e strip of land continues north for another 250 to 300 feet with the same utility easement. Administrative Assistant Brown stated the Director of Utilities has stated that the entire strip of land is of no present or future use to the City of Englewood. Administrative Assistant Brown stated the Board is recommending that the City Council give the e ntire strip of land bordering the east side of the overhead reservoir to the City of Greenwood Village as a measure of goodwill. In response to Councilman Mann's question concerning whether or not the City could give away this land without any recompense, City Attorney Berardini stated the general law is the City should receive value for value and advised the Council that they should expect to receive some value for the release of the land. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR THE SALE OF 560 FEET X 8 l/2 FEET TO THE CITY OF GREENWOOD VILLAGE. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Administrative Assistant Brown presented the second item which is a recommendation to approve Supplement 61 South- gate Sanitation District. This request is for the inclusion of an area comprising of 20 single family residential taps. The area is located on South Monaco Street and north of Orchard. COUNCILMAN MANN MOVED TO APPROVE SUPPLEMENT 61 SOUTH- GATE SANITATION DISTRICT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor decl a red the motion carried. * * * * * * • I • • August 7, 1978 Page 4 • • .. City Manager McCow n presented a request for a retail liquor store license -annual renewal for the Liquor Barn, 4415 South Broadway. City Manager McCown pointed out the police re- port concerning this request states that within the last year there was a violation for sale of liquor to minors at this establishment. City Manager McCown stated the employee who sold the liquor to the minor was terminated. Council discussed this matter expressing their desire for a further report from the Police Department and calling the Police Chief and the owners of the Liquor Barn to appear before Council to discuss the violation. COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THIS RENEWAL REQUEST UNTIL THE NEXT REGULAR COUNCIL MEETING AND HAVE A REPORT OF CASE NUMBER 78-992 CONCERNING THE LIQUOR VIOLATION AT THE LIQUOR BARN AND HAVE THE POLICE CHIEF AND OWNERS OF THE LIQUOR BARN TO BE PRESENT AT THAT MEETING . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor . Council Member Weber. The Mayor declared the motion carried. * * * * * * City Manager McCown presented requests for various liquor license renewals from the following businesses: A enda Item 5 (c) 5 (d) 5 (e) 5 (f) Request for a hotel/restaurant liquor license -annual renewal for the Ground Round, 5180 South Broadway. Request for a hotel/restaurant liquor license -annual renewal for Fifteenth Street, Inc., d/b/a The Waldorf, 4595 South Santa Fe Drive. Request for a hotel/restaurant liquor license -annual renewal for McGinty's Tig ana Sidewalk Cafe, 3370 South Acoma Street. Request for a 3.2 retail beer license - annual renewal for Robert S. Briola d/b/a Bob's Grocery, 3296 South Washington • • I • • ( August 7, 1978 Page 5 5 (g) • • - Request for a 3.2 retai l bee r license - annual r e new al for Shakey's Pi zz a Parlor 3281 South Santa Fe Dr ive . COUNCILMAN MANN MOVED TO APPROVE ALL THE ITE MS 5 (C) THRO UG H 5 (G) LIQUOR LICE NSE AND RETAIL BE ER LICE NSE RENEWAL RE- QUESTS. Coun cilman Williams seconded the motion . Upo n a call of the ro ll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith , Harper, Clay ton, Mann, Taylor . None. The Mayor declared the motion carried. * * * * * * Ci ty Mana ger McCo wn presen ted a memo r an dum from the Director of Finance concerning a petition for annexation f or lots 1, 2, and 3 of Belle Isle Gardens . COUNCILMAN SMITH MOVED TO FORWARD THE ANNEXATION PETI- TION FOR LOTS 1, 2 AND 3 OF BELLE ISLE GARDENS TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR A REPORT. Councilman Mann seconded the motion. Upon a call of the roll, the vote r es ult ed as fol-lows: Ayes : Nays : Council Members Williams, Weber, Smith, Harp er, Clayton, Mann, Tay lor . None . The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Finance , Director of Engineering Services and the Pur- chasing Agent concerning the Miller Building bids. City Manager McCown pointed out a correction in Attachment #2, BUDGET SUMMARY. He stated the sub total under "work to be completed" is incorrect and should be corrected to $23,420 .00. City Manager McCown stated the bids have been reviewed by the City and the City's construction manager and they are recommending that the low bidder in each category be awarded the job . The sum of the seven low bids is $15,349.48. COUNCILMAN SMITH MOVED TO APPROVE THE BIDS FOR REMODEL- ING OF THE MILLER BUILDING AS SUBMITTED IN MR. JAMES'S MEMO • I • • August 7, 1978 Page 6 .. • • .. DATED AUGUST 3, 1978 IN THE AMOUNT OF $15 ,349.48. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None . The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum from the Municipal Court Judge concerning the adoption of the most current uniform traffic code. City Manager McCown stated he has spoken to the Police Chief on this matter and the Police Chief concurs that the City needs to adopt the current uniform traffic code and the adoption would certainly simplify procedures in the Police Department for enforcing the traffic code. City Manager McCown also stated that the Police Chief ass ured him that no additional personnel or work hours would b e needed to effect the new code. City Attorney Berardini stated the memorandum from the Municipal Court Judge states the code should be adopted without change; however, the City Attorney stated it may require some modifications or changes in the delegation of authority to estab- lish speed limits on various streets which is presently delegated to the Traffic Engineer. Also, City Attorney Berardini stated as a result of a case handed down fr om the Supreme Court, all the citations from municipal courts must note on it the number of points with the violations if the individual is found guilty or a plea of guilty is entered. Therefore, the Judge felt this was a good time to adopt the new code with the new sections so he would not have to reprint citations tickets, thus saving time and cost. COUNCILMAN CLAYTON MOVED THAT THE CITY ATTORNEY BE IN- STRUCTED TO DRAW UP THE PROPER ORDINANCE FOR THE IMPLEMENTATION OF THE UNIFORM TRAFFIC CODE FOR THE MEETING OF SEPTEMBER 5, 1978. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * • ) I • August 7, 1978 Page 7 • • .. INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 16, SERIES OF 197 8 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. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 16, SERIES OF 1978 ON FINAL READING . Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE FOR THE PARTIAL RELEASE OF CERTAIN PROPERTY GIVEN AS SECURITY FOR $17,285,000.00 HOSPITAL REVENUE BONDS, SERIES 1978 (PORTER MEMORIAL HOSPITAL PROJECT), SAID PROPERTY TO BE USED FOR THE PURPOSES OF AN EASEMENT OR RIGHT-OF-WAY FOR A TUNNEL . City Attorney Berardini stated the purpose of the bill is for the City to release certain property which is being held for security to pay the bond issue . City Attorney Berardini referred to a letter from attorney Michael Pederson of the law firm Saunders, Snyder, Ross and Dickson, P.C. The City Attorney stated that Mr. Pederson was planning to be present at the meet- ing to answer any questions the Council might have; however, the matter has come forth on the agenda before the time he had informed Mr. Pederson to arrive. The City Attorney advised Council to pass the bill on first reading anyway because the bill was in proper order and further advised Council to hear Mr. Pederson's presentation when he arrives at the meeting. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Weber seconded the motion • • I • August 7, 1978 Page 8 • • • COUNCILMAN MANN MOVED TO POSTPONE ACTION ON THE BILL FOR AN ORDINANCE UNTIL THE END OF THE COUNCIL MEETING IN ORDER TO TO HEAR MR. PEDERSON'S PRESENTATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Council Members Williams, Clayton, Mann, Taylor . Nays: Council Members Weber, Smith, Harper. The Mayor declared the motion carried . * * * * * * COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION RECOG - NIZING GRADY FRANKLIN MAPLES FOR HIS CIVIC ACHIEVEMENT IN THE CITY OF ENGLEWOOD . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None . The Mayor declared the motion carried . * * * * * * City Attorney Berardini transmitted to Council for in- formation purposes a letter addressed to the Mayor and Members of Ci t y Council and Aetna Casualty and Surety Company concerning the Swedish Medical Center Revenue Bonds. * * * * * * City Attorney Berardini transmitted to Council for in- formation purposes a letter addressed to Mr. Tommy Drinkwine who represents Mr. and Mrs. Wiley B. Mathews in the case involving the alley in the 4800 block between South Fox and South Elati. * * * * * * City Attorn ey Berardini transmi tted to Council for in- f ormation purposes a court judgement in the case of Max Pino vs. the Police Pension Board of the City. City Attorney Berardini stated the judgement supports Mr. Pino in that he should be entitled to receive a police pension. * * * * * * • I • ( • August 7, 19 78 Page 9 • • - City Attorney Berardini transmitted to Council for informati on purp oses a court ruling in the case Herman Oliner, Bess Oliner and Robert Oliner vs . City of Englewood, Colorado concerning the lease and option agreement fo r property upon which the Pol ice and Fire Cent er is located . City Attorney Berardini stated the Oliners felt there was a violation in the law by extending an option agreement in excess of the statutory period. Mr. Oliner wanted to re-negotiate the lease because of some physical problems connected in oper- ating his busine ss . City Attorney Berardini stated the Court ruled in favor of he City and that the City did not violate the rule against perpetuities. * * * * * * City Manager McCown presented a mem orandum concerning the designation of two or three Council members to attend the annual National League of Cities Conference in St. Louis, Missouri, November 26 -29, 1978. COUNCILMAN SMITH MOVED TO DESIGNATE COUNCILMAN VERN MANN AND COUNCILMAN DON WILLIAMS TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE IN ST. LOUIS ON NOVEMBER 26-29. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Counc il Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor dec lared the motion carried. * * * * * * City Manager McCown presented a memorandum f rom the Di- rector of Community Development concerning the Thurman Annexation Petition. City Manager McCown stated several other pe ti tions on different parcels of land will be sent to Council for consideration at different times in the next few months; therefore, he recom- mended that no action be taken until the zoning has been studied by the Plann ing and Zoning Commission a nd a recommendation sent to Co•mcil. COUNCILMAN CLAYTON MOVED TO POSTPONE ANY ACTION ON THIS REQUE ST UNTIL A LATER DATE. Councilman Mann seconded the motion. Up on a ca ll of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. • I • n • August 7, 1978 Page 10 • • .. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 50, SERIES OF 1978 A RESOLUTION TO ADD THE FOLLOWING POSITION TO THE CLASSIFICATION PLAN: DEPUTY CHIEF . City Manager McCown stated the resolution concerns the fire department re-organization plan. City Manager McCown stated the Career Service Board has approved the job description for this position. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 50, SERIES OF 1978. Councilman Weber 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 Williams, Mann. Councilman Williams stated based on the fact that he voted against the whole re-organization plan at the start, he would have to vote against the resolution . The Mayor declared the motion carried. * * * * * * City Manager McCown announced that the Employees Award Banquet has been scheduled for Friday, September 15, 1978, at the Pinehurst Country Club. City Manager McCown invited the Council to attend the banquet as guests of the City. * * * * * * City Manager McCown informed the Council that a conces- sionaire for the golf course has been designated and that the agree- ment was signed on this date . City Manager McCown stated the oper- ators are in the process of applying for a 3.2 beer license with the City of Sheridan . * * * * * * COUNCILMAN MANN MOVED TO DESIGNATE SEPTEMBER 22 -24, 1978 AS AN OUT-OF-TOWN BUDGET RETREAT PREFERABLY A TWO DAY RETREAT OVER A WEEKEND. Councilman Smith seconded the motion . • I • ( • August 7, 1978 Page 11 .. • • .. Councilman Weber spoke against having an out-of-town budget retreat. Coun cilman Weber stated he felt the work could just as well as be accomplished in the study session conference room eliminating out-of-town travel time and attendant expenses. Councilman Smith stated he did not care whether the retreat was held in-town or out-of-town; however, he has parti- cipated in both ways and feels the out-of-town retreat is more successful for maintaining work continuity and allowing Council to make a thorough review in a shorter period of time. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Council Members Williams, Smith, Mann, Taylor. Nays: Council Members Weber, Harper, Clayton. The Mayor declared the motion carried. * * * * * * City Manager McCown stated the staff is proceeding on hiring an architect for the feasibility study on the Court facili-ties/Council Chambers. * * * * * * Mayor Taylor recognized the arrival of Mr. Michael Pederson attorney representing Porter's Hospital matter discussed earlier in the meeting. Mr. Michael Pederson and Mr. Henry Cleveland, attorneys from the law firm Saunders, Snyder, Ross and Dickson, P.C., re- presenting the Porter's Hospital matter appeared before Council. Mr. Pederson discussed their request for the Council to pass an ordinance that would allow Porter Memorial Hospital to grant an easement for a tunnel between the office building and the hospital facilities. A short question and answer period followed the pre-sentation. Upon a call of the roll, the vote on the original motion made by Councilman Smith to pass the bill for an ordinance on first reading resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . • I • • - • August 7, 1978 Page 12 Nays : None. • • - The Mayor declared the motion carried, * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried and adjourned the regular Council meeting at 8:25 p.m. • I • • • REGULAR MEETING: • • ,. - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 7, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 7 , 1978, at 7 :30 p.m. Mayor Taylor, presiding, called the meeting to order . The invocation was given by Councilman David Clayton. The Pl e dge of Allegiance was led by Mayor James L. Taylor. 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 Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF REGULAR COUNCIL MEETING OF JULY 17, 1978 . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber, Smith, Harp e r, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Lowell Palmquist, Executive Di- rector of the Swedish Medical Center, was present and conveyed appreciation on behalf of the Board of Directors to the Counc i l for their assistance in the Center's tax exempt bond issue • • I • • • August 7, 1978 Page 2 • • • Mayor Taylor accepted Mr. Palmquist's words and letter of appreciation and stated the City is very proud to have t he Center. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard. No one responded. * * * * * * "Communications -No Action Recommended" on the agenda we re received: (a) (b) (c) (d) (e) (f) (g) Minutes of the Board of Adjustme nt and Appeals meeting of June 14, 1978. Minutes of the Denver Regional Council of Governments meeting of June 28, 1978. Minutes of the Planning and Zoning Commis- sion meeting of July 5, 1978. Minutes of the Library Board meeting of July 5, 1978. Minutes of the Election Commission meeting of July l3, 1978. Memorandum from the Director of Community Development to the City Manager concerning 1470 West Tufts Annexation/Navajo Street Extension. Memorandum to the Mayor and Members of City Council concerning the Manager/Fire Leadership Workshop in Seattle, Washington on July 12- 14, 1978 . * * * * * * City Manager McCown requested Administrative Assistant Brown to present the two recommendations from the Water and Sewer Board as presented in the minutes of their meeting on July 18, 1978. Administrative Assistant Brown presented the first item which concerns relinquishing the utility easement at the overhead reservior site to Greenwood Village. The strip of land is 8.5 feet by 265 and Greenwood Village desires to purchase this strip of land for a greenbelt area. An appraisal of the strip of land has been prepared by Baughar and Associates which indicates the market value • I • Au gust 7, 1978 Page 3 • • - of this strip to be $450.00. It has been noted that the strip of land continues north for another 250 to 300 feet with the same utility easement. Administrative Assistant Brown stated the Director of Utilities has stated that the entire strip of land is of no present or future use to the City of Englewood. Administrative Assistant Brown stated the Board is r e commending that the City Council give the entire strip of land bordering the east side of the overhead reservoir to the City of Greenwood Village as a measure of goodwill. In response to Councilman Mann's qu e stion concerning whether or not the City could give away this land without any recompense, City Attorney Berardini stated the general law is the City should receive value for value and advised the Council that they should expect to receive some value for the release of the land. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR THE SALE OF 560 FEET X 8 l/2 FEET TO THE CITY OF GREENWOOD VILLAGE. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes :. Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor d ecla red th e motion carried. * * * * * * Administrative Assistant Brown presented the second i t e m which is a recommendation to approve Supplement 61 South- g ate Sanitation District. This request is for the inclusion of an area comprising of 20 single family r~sidential taps. The area is located on South Monaco Street and north of Orchard . COUNCILMAN MANN MOVED TO APPROVE SUPPLEMENT 61 SOUTH- GATE SANITATION DISTRICT. Councilman Smith seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Man n, Ta ylor. Nays: None. The Mayor declared the motion carried . * * * * * * • I • • • August 7, 1978 Page 4 > • • • I City Manager McCown presented a request for a retail liquor store license -annual renewal for the Liquor Barn, 4415 South Broadway. City Manager McCown pointed out the police re- port concerning this request states that within the last year there was a violation for sale of liquor to minors at this establishment. City Manager McCown stated the employee who sold the liquor to the minor was terminated. Council discussed this matter expressing their desire for a further report from the Police Department and calling the Police Chief and the owners of the Liquor Barn to appear before Council to discuss the violation. COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THIS RENEWAL REQUEST UNTIL THE NEXT REGULAR COUNCIL MEETING AND HAVE A REPORT OF CASE NUMBER 78-992 CONCERNING THE LIQUOR VIOLATION AT THE LIQUOR BARN AND HAVE THE POLICE CHIEF AND OWNERS OF THE LIQUOR BARN TO BE PRESENT AT THAT MEETING. Councilma n Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Council Member Weber. The Mayor declared the motion carried. * * * * * * City Manager McCown presented requests for various liquor license renewals from the following businesses: Agenda Item 5 (c) 5 (d) 5 (e ) 5 (f) Request for a hotel/restaurant liquor license -annual renewal for the Ground Round, 5180 South Broadway. Request for a hotel/restaurant liquor license -annual renewal for Fifteenth Street, Inc., d/b/a The Waldorf, 4595 South Santa Fe Drive. Request for a hotel/restaurant liquor license -annual renewal for McGinty's Tig and Sidewalk Cafe, 3370 South Acoma Street. Re quest for a 3.2 retail beer license - annual renewal for Robert S. Briola d/b/a Bob's Grocery, 3296 South Washington • • I • - • Au gust 7 , 1978 P age 5 5 (g) • • • ) Re quest for a 3.2 r eta i l b eer licens e - annual ren e wal f or Sh a key's P izz a Parlor 3281 South Sa n t a Fe Drive. COUNCILMAN MANN MOVED TO APPROVE ALL THE I TEMS 5 (C) THROUGH 5 (G) LIQUOR LICENSE AND RETAIL BEER LICENSE RENEWAL RE- QUESTS. Counc i l man Williams seconded the mo t ion. Upon a c all of the roll, the vote resulted as follows : Ayes: Nays: Council Me mbers Will iams , We b e r, Smit h, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. *"***** Ci ty Manager McCown presented a memorandum f rom the Director of Finance concerning a petition for annexation for lots l, 2, and 3 of Belle Isle Gardens. COUNCILMAN SMITH MOVED TO FORWARD THE ANNEXATION PETI- TION FOR LOTS l, 2 AND 3 OF BELLE ISLE GARDENS TO THE DEPARTMENT OF COMMUNITY DEV ELOPMENT FOR A REPORT. Councilman Mann s e conded t he motion. Upon a call of the roll, the vote resulted as fol- lows: Aye s : Coun c il Members Will i ams, We b er, Smith, Ha rp e r , Clayto n, Mann, Tay lo r. Nays: None . The Mayor declared the mo tion carried . * * * * * * City Manager McCown presented a memorandum from the Di- rector of Finance, Director of Engineering Services and the Pur- chasing Agent concerning the Miller Building bids. City Manager McCown pointed out a correction in Attachment #2, BUDGET SUMMARY . He stated the sub total under "work to be completed" is incorrect and should be corrected to $23,420.00. City Manager McCown stated the bids have been reviewed by the City and the City's construction manager and they are recommending that the low bidder in each category be awarded the job. The sum of the seven low bids is $15,349.48 . COUNCILMAN SMITH MOVED TO APPROVE THE BIDS FOR REMODEL- ING OF THE MILLER BUILDING AS SUBMITTED IN MR. JAMES'S MEMO • , I • • August 7, 1978 Page 6 • • .. DATED AUGUST 3, 1978 IN THE AMOUNT OF $15,349.48. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Municipal Court Judge concerning the adoption of the most current uniform traffic code. City Manager McCown stated he has spoken to the Police Chief on this matter and the Police Chief concurs that the City needs to adopt the current uniform traffic code and the adoption would certainly simplify procedures in the Police Department for enforcing the traffic code. City Manager McCown also stated that the Police Chief assured him that no additional personnel or work hours would be need€d to effect the new code. City Attorney Berardini stated the memorandum from the Municipal Court Judge states the code should be adopted without c hange; however, the City Attorney stated it may require some modifications or changes in the delegation of authority to estab- lish speed limits on various streets which is presently delegated to the Traffic Engineer. Also, City Attorney Berardini stated as a result of a case handed down fr om the Supreme Court, all the ci tations from municipal courts must note on it the number of points with the violations if the in divid ual is found guilty or a plea of guilty is entered. Therefore, the Judge felt this was a good time to adopt the new code with the n ew sections so he would not have to reprint citations tickets, thus saving time and cost . COUNCILMAN CLAYTON MOVED THAT THE CITY ATTORN EY BE IN- STRUCTED TO DRAW UP THE PROPER ORDINANCE FOR THE IMPLEMENTATION OF THE UNIFORM TRAFFIC CODE FOR THE MEETING OF SEPTEMBER 5, 1978 . Councilman Smith seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. Th Mayor declared the motion carried. * * * * * * I • • l August 7, 1978 Page 7 • • .. INTRODUCE D AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 16, SERIES OF 1978 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. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 16, SERIES OF 1978 ON FINAL READING. Councilman Williams seconded the motion . Upon a call of the roll, the vote r es ulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCE D AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINAN CE FOR THE PARTIAL RELEASE OF CERTAIN PROPERTY GIVEN AS SECURITY FOR $17,285,000.00 HOSPITAL REVENUE BONDS, SERIES 1978 (PORTER MEMORIAL HOSPITAL PROJECT), SAID PROPERTY TO BE USED FOR THE PURPOSES OF AN EASEMENT OR RIGHT-OF-WAY FOR A TUNNEL . City Attorney Berardini stated the purpose of the bill i s f or the City to release certain property which is being held for sec ur i ty to pay the bond issue. City Attorney Be rardini referr e d to a lett e r from attorney Michael Pederson of the law firm Sa und e rs, Snyder, Ross and Dickson, P .C. The City Attorney stated that Mr. Ped e rson was planning to be present at the meet- i n g to an s wer any qu e stions the Council might have; however, t h e ma tt e r has come forth on the agenda before the time he had i n fo rm e d Mr. Ped e rson to arrive . The City Attorney advised Cou n c il to pass the bill on first reading anyway because the b i ll was in proper order and further advised Council to hear Mr. P e d e rson's pres e ntation when he arrives at the meeting . COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FI RST READING. Councilman We b e r se conded the motion. I • • • ' August 7, 1978 Page 8 • • • COUNCILMAN MANN MOVED TO POSTPONE ACTION ON THE BILL FOR AN ORDINANCE UNTIL THE END OF THE COUNCIL MEETING IN ORDER TO TO HEAR MR. PEDERSON'S PRESENTATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol- lows : Ayes: Nays: Council Members Willi am s, Clayton, Mann, Taylor. Council Members Web e r, Smith, Harper. The Mayor declared the motion carr~ed. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION RECOG- NIZING GRADY FRANKLIN MAPLES FOR HIS CIVIC ACHIEVEMENT IN THE CITY OF ENGLEWOOD. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor decl are d the motion carried. * * * * * * City Attorney Berardini transmitted to Council for in- formation purposes a letter addressed to the Mayor and Members of City Counc il and Aetna Casualty and Surety Company concerning the Swedish Medical Center Revenue Bonds. * * * * * * City Attorney Berardini transmitted to Council for in- f ormation purposes a letter addressed to Mr . Tommy Drinkwine who r e presents Mr . and Mrs. Wiley B. Mathews in the case involving the alley in the 4800 block between South Fox and South Elati. * * * * * * City Attorney Berardini transmitted to Council for in- f ormation purposes a court judgement in the case of Max Pino vs. the Police Pension Board of the City. City Attorney Berardini stated the judgement supports Mr. Pino in that he should be e ntitled to receive a police pension. * * * * * * • -! I • • - • August 7 , 1978 P a ge 9 • • • City Attorney Berardini transmitted to Council for in f ormation purposes a court ruling in the case Herman Oliner, Bess Oliner and Robert Oliner vs. City of Englewood, Colorado conc e rning the lease and option agr eem ent for property upon which the Police and Fire Center is located. City Attorney Be rardini stated the Oliners felt th e re wa s a violation in the law by extending an option agr eeme nt in excess of the statuory period. Mr. Oliner wanted to re-ne gotiate the l e ase because of some physical probl em s conn e cted in oper- ating his busin e ss. City Attorney Berardini stated the Court rul e d in favor of the City and that the City did not violate the rule a gainst perpetuities. * * * * * * City Manager McCown presented a memorandum concerning the d e signat i on of two or three Council members to attend the annual Na tional League of Cities Conference in St. Louis, Missouri, Nov ember 26 -29, 1978. COUNCILMAN SMITH MOVED TO DESIGNATE COUNCILMAN VERN MANN AND COUNC ILMAN DON WILLIAMS TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE IN ST. LOUIS ON NOVEMBER 26-29. Councilman Clayton s ec onded the mot i on. Upon a call of the roll, the vote resulted as follows: Ayes : Council Mem bers Wi lli am s, We ber, Smith, Harp e r, Clayton, Ma nn, Taylor . Nays : None. The Mayo r de clared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di - rector of Community Development concerning the Thurman An n exation Petition. City Manager McCown stated several other petition s on different parcels of land will be sent to Council for consideration at different times in the next few months; therefor e , h e recom- mended that no action be taken until the zoning h as been studied by the Planning a n d Zoning Commission and a recommendation sent to Council. COUNCILMAN CLAYTON MOVED TO POSTPONE AN Y ACTION ON THIS REQUEST UNTIL A LATER DATE. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Weber , Smith, Harper, Clayton, Mann, Taylor . None . I • • • ' Aug ust 7, 1978 Pag e 10 ,. • • • The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 50, SERIES OF 1978 A RESOLUTION TO ADD THE FOLLOWING POSITION TO THE CLASSIFICATION PLAN: DEPUTY CHIEF . City Manager McCown stated the resolution concerns the fire department re-organization plan. City Manager McCown stated the Career Service Board has approved th~ job descr i ption for this position. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 50, SERIES OF 1978 . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clay ton, Taylor . Counc i l Members Williams, Mann. Councilman Wi ll iams s t a te d based on the fact that he voted against the whole re-or g anizat i on plan at the start, he would have to vote aga i nst the r e solution. Th e Mayor d e cla r e d t he mo tion ca r rie d. * * * * * * Ci t y Ma n age r McCown announced th at t he Emplo y ee s Award Ba nqu et h as b een s c h ed u le d f or Friday, September 1 5 , 1978, at t h e P ineh urst Co untry Cl u b. Ci.ty Ma n a g er Mc Cown i n vited t h e Council t o attend the banquet as gues ts o f t he City . * * * * * * City Manager McCown informed the Council that a conces- sionaire for the golf course has been designated and that the agree - ment was signed on this date . City Manager McCown stated the oper- ators are in the process of apply ing for a 3.2 beer license with the City of Sheridan . * * * * * * COUNCILMA N MANN MOVED TO DESIGNATE SEPTEMBER 22 -24 , 197 8 AS AN OUT-OF-TOWN BUDGET RET REAT PREFERABLY A TWO DAY RETREAT OVER A WEEKEND . Councilman Smi.th seconded the motion . I • • • l August 7, 1978 Page 11 ,. • • • Councilman Weber spoke against having an out-of-town budget retreat. Councilman Weber stated he felt the work could just as well as be accomplished in the study session conference r o om eliminating out-of-town travel time and attendant exp e ns e s. Councilman Smith stated he did not care whether the r e treat was held in-town or out-of-town ; however, he has parti- cipat e d in both ways and feels the out-of-town retreat is more succ e ssful for maintaining work continuity and allowing Counc i l to ma ke a thorough rev i ew in a shorter period of time. Upon a call of the roll, the vote on the motion res ul ted as f ollows: Ayes : Council Mem b e rs Williams, Smith, Mann, Taylor . Nays : Council Members Weber, Harper, Clayton. The Mayor declared the motion carried. * * * * * * City Manag e r McCown stated the staff is proc eeding on hiring an architect for the f easibility study on the Court f acili- ties/Council Chambers. * * * * * * Mayor Taylor re cogn ized t h e arr i val o f Mr. Mi cha e l P e d er son atto r n e y r epr e s e n ting Porter's Hos pita l matter d iscussed ear li e r i n t h e meeting. Mr. Michael Pederson and Mr . Henry Cleveland, attorneys from the law firm Saunders, Snyder, Ross and Dickson, P .C., re - p r e senting the Porter's Hospital matter appeared before Council. Mr. Pederson discussed their request for the Cou n cil to pass an ordinance that would allow Porter Memorial Hos p ital to grant an e a sement for a tunnel between the office building and the hospital facilit i es. s e nt a tion . A short qu e stion and answer period followed the pre- Upon a call of the roll, the vote on the original motion ma de by Councilman Smith to pass the bill for an ordinance on first r e ading resulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor • • I • • • August 7, 1978 Page 12 Nays: ,. None. • • • The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried and adjourned the regular Council meeting at 8 :25 p.m. Deputy City Clerk • I • • D • • ' • • - RO LL CALL Moved Sec~ d d n e Aye Wi 11 i i'lr.S ]f::::':J Nav w .. h.;;: -~ !imfth -Harof'r Clavton Mann _l lfayor Ta~)_.:r (JN-V-~vi-)J~ Ct w-xJ (_j__uL ') 'lJ-a ;J .)/u1 cL~ • Abstain Absent I . • ' • - • • ROLL CALL M d S d d A N Ab t 1 Ab t ove econ e ~e q s a n sen Wi1 1i l'mS~4 '"' ....lteb.e.r_ I ...!:::::_ :>"!!!_n -J.::::: J:J.i.I::Q_e_r v- Cl i!.Y_ton ~ Mann ~ ...!"!_a y or Tay_) :1 r ~ I . . • • • • ,. - ROLL CALL Moved Secondt-d ~e Nay Abstain Absent Will~J.Y Wl'b-;;:---; /,/' v Smff:n -v v Har01•r v Clayton v Mann V . Ma y or Tay] :1 r .k:_ • I . . • • • l • • . . • ROLL CALL "'ed s dd ov ec'ln e Wil 1i~~ ~Ye ay sta n sen "'~;;-.. ,. . A N Ab f Ab t Sm1tn -~er Cla.y_ton Mann Mayor Ta y]_~r cJa . ~~rok>~~/ ~~ ~L ~0~c~Iu /tl ad fl»-vv -j_ t__._~L k '1 {}u ?L ~ r ,L -/-.. __f;t~ ,<:~1 /Ur'IC~~L<~ JJ~ • I . . • • • ROLL CALL Moved s d -ec:~n ed Wi l li~ Aye Nav Abstafn 1-- Absent w-;;t;",r 1-sm n Haroer --- Clavton Mann lfayor Ta ~l :1 r J. I . • • l • - • • • RO L CALL Moved Sec d d on e Aye Wil l i ~--Nav Abstafn Absent WPh~r -1 ;)m1 n Harott_ Clavton - Mann lT,a y or'raV1 1r 1. I . • • • • • • ROLL CALL M ed S dd A ov econ e Wil 1i;orr~-~e ~ sta n sen _Weber 1 N Ab 1 Ab t _5m1ti'• -Haroer Cl~ton Mann Ma yor Ta y]_::r -- I . . • l • - • ,. • ROLL CALL V Clavton v I . • • ' • • • ROLL CALL Moved SecQnded r-----t-----~~W~i~11~i~-~IJ~~e~~Na~lvr-2A~b~st~a~fn~~~~--~~~ --=~~j---1-------+-~A=bs=en:t::~ Smttn t:: ...1:::::._ Clavton '-- 0a I I ~ /' S -Ji(p/ ~~ftC da-i:{uj7~ ~/ • I . - • ' • • - Moved Seconded Wil li ~ms %="-Aye Nav Abstain Absent ./ w .. h .. r-- v T7 -v :,m1tn k HaroPr --r. .. .- Clavton 1./' v Mann v- 1-fayor Ta y) :~r }./"" ~ b ~ -. (j/ZLrd., . r~ r NA~ a-c ,/IL£. />~'1 nnv c;~·0'tj 7 it_ a /V'-'0 • I . . • - • • ,_--~::-- ROLL CALL Moved S CQ d d e n "' Wi ffi Nr.stf::.. Aye Nay Abstain Absent v II/ .iieher ·v ~mnn --· ~ _Haroer v Clavton v v Mann v _Ma_yor Tay_l_~r · 1/ I . . • l • - • .. • ---~-- RO LL CALL Moved [ Secondpd 1 T Jilll!.~r~~~ ~~/e:+~Na~:.vr:A~b~s~tad_1!L.-.&~L- L/ uftk ··!i -~r~t:=:Jt--===:~~A=b=se:n:t:== ~:::=t--_:=:p:s~Jm~n= t .1/ - • I . • • • • - • • ---------- RO LL CALL Moved Seconded ---~-~e Nay Abstain Absent Wil1 ;~r.;s J. V y w .. ~.. -~ V Smith v HaroP,. -v v Clavton v Mann IV M"a;.:or TaJ:I_:r v-- 0 {1) ~~ v ) '----'-/ tl ~ 1 ~z <-----?16. }-"' ~ L;)-u/1~~ srL_.; cp ~~: JiC?./r • I . . • • • • ROLL CALL Moved Seconded --:-----..+-~e Nay Absta fn Absent ~--t---~W~il..l2_1o, <>rr.s 'f-' ["j;pt/--:.:.::"'i---!.:.!::;~!!,-~~---. 1 ~eb~----J.i/?T-~--4---~ _v smn n --~~&7r--+----+-----l HaroPr _y Cl~ton ~ / /1' u ~ /f_,<_/)~1 ~ -~ ;t{Y f /2-<-~ia 1 U -6to n,f; "~ --4 ~ /-<;? ~~ ~ xd (!_.t ~ ~l;fhl e:~ 'n l ~J 1~ v ~/)L~~ (( r ) U )__/) ~ -. ~ r/-j:2e./)IL) _,tL~ (!yy; l 'f l ( .,, ~ (/ • I . • • • • ROLL CALL M d ove Seconded v Willi ~ ~e Nav Abstain Absent y w .. ~o. .. ~ -v :>mttn I/ --Harol!!r 17 v Clavton v Mann y lT,a yorTaVI ::r (/ t1Y\ I . -• • • RO LL CALL Moved Sec~ d d n e ~e Wil li~ Nay Abstain Absent 1/ -~ft~ -v Smft h Haroer Clavton Mann "lfa yor Ta ~l-~r Gh _ ~ ~ FC1 4-a /'1 1!/14(~~~ I . • - • • 'L Abstain Absent 1 I . • • • - • • RO LL CALL Moved Sec~nded A Wi f fi ?ICS f ~ve Nav Abstain Absent v loh>hPr ---I J./ :,man ~ ~r -~ v Clayton ,_ 77 Mann ~ f.fa .v orra.Yi :1 r t- ---------------------~--------- I . • • • - • • ROLL CALL Moved Seconded -.-:;;;;;.---rr:.-1 -~~/::+.---i---~L===-~ r--~~~~..::..o..o.--=.IJw~fl.ll.ll t~"L ---t ~ - ~ tJ~~~=--1----===t=====~ ~ Mann 1~=-~~l_ _ _i ______ ~~-----~-----t---~----IJ~~·a~yor Ta~2 r ~ LL___...J__ __ - • I . • • • - - • • • • ROLL CALL Moved Seconded Wi1 1i~rr.s~ ~e Nav Abstafn Absent ,.,-~!;".... ·, ::>mltil -H'lroer Clavton Mann lfayor Tay~0U ~ j-u'YY) ~--vJ~-.~ ~-~ ~crrJr;L • I . • • • • • RO LL CALL " eel s d d A Ab Ab t OY econ e we Nav sta n sen Wi1 1i~_J _V ...... WPhPr : V j/ sm1th 1..----Haroer ;,--- v Clayton t--- Mann v- Ma yor Ta y_~~r · ~ 1a. ~ (j rn~Y)d:? u)~ ~¥/~ • I . . • • • ROLL CALL Moved Sec~nded Ave Nay Abstain Absent Wi 11 i ~rr.s J-f W<>ho:!r Sm1tr• -v ./ Harner v v Clavton 1/ v-Mann v- Mayor Ta y]_~r v I . . • • • - • • ROLL CALL Moved Seco d d n e Aye Nay Abstain Wi11il'rr.s p-Absent v v ~.~-.. h" .... --; v t----' Smttn 1-/' Haroer v-- Clavton v- Mann v Mayor Tay)_~r 1/ 1 ~- I . . • • • • • ROLL CALL M ed S dd A N OV econ e ~ye ay s a n sen Willi?rr.s _J Ab t f Ab t Jiebe..r: ~mnn -HarDer Clayton Mann _M~or Tay_l_~r I . • • • • • Absent N~ Abstain -~ ~e ..l ...J - Seconded ~:_r ...J. Moved W11111'rr.S - _l - J ...J - ~· ebe.I:. -_ ;m~ ---i ...1 -"' I lllll.tt ..l ~ _j I Cl~ton .l ...1. I Mann ~~ .1. .1. .---- .§~r Tay)_~r t= .l_ 7J I • • • • • • • ROLL CALL Moved Seconded A Wil lf~ .. J ~e Na.y Absta fn Absent WPhPr-i v :>mltn --· Hi!roer .Y Clavton Mann Ma yor Ta yl_:_J r Oa . "J'u :ie-+ d d -01 <f M cJld,-f 6-u'lJ ~~ ·~ tf'V~ ~~~z ~ ?u~ ~~-CU>J umlo ~YU ~ ~'YLJI cU ~ ~ a.o tuc.Uao f"dyouJ e_, c:f);u_ ~ -0 d/; ~J Wl/u?_; ch1uu . .-~)LrlR..­ lzw • I . • • - • • ROLL CALL M d S d d A N Ab t 1 ove econ e ~e '!l. s a n sen Wi 11 i ~rr.s _ lf::::_J ~ Ab t _Web!!r 1 ~ ...?_"!l_tr. ~ ~er t---Cl~ton ~ Mann t ~ ~ayor Ta~l :1 r ..1::::::::::_ I . . • • • • • ROLL CALL Moved Seconded Willi~ 1 Aye Nav Abstain Absent ~.~......... - Smltt'l -HaroPr Clavton Hann I Y.ayor Tay] :1 r I . • • • • • RO LL CALL Moved Seconded A W111ii'Jr.S \ye Nav Abstain Absent _ _j WPhPr m1th -Hllrn"r - Clavton Mann l.fayor Tay]_~r ~ b. ~( B~J::: .tr( fu::: ~~w.~;Lfrl) ~ ~ ~~J-~~. vrm ~lf !/F ~ ----- rjje~ ~[~ /-1 7AAD 1 ~ ':f I . . • • ' • • • ROLL CALL N Seconded Ave ay Moved Wi11ii'ms ~ v- Wf!bf!r v-- Abstain Absent :>m1tn v---Harof!r v-- Clil.Y_ton v t/ ~nn Mc:l~r Tayl :1r v I . • • • • • • RO LL CALL Ni!L Abs a &.e ----, Sec~nded Wi 1-n <'rr~J ..!::.. -+ - Moved 4 :~ I ~ ~ - -+ 4 ~ ---+ -- I ...::.m...!...:. _j -+ - ~t:.r -+ -+ ~ Cl!l_ton J ..j. 4 ...J. Mann 1 .1 ...1 -+ ...!..'.ay_9r T a y_l_~r ...J.. t in Absent l ){ I . • • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 17, 1978 1 4 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, ca l led 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 Wi lliams , Weber, Smith, Harper, Clayton, Mann, Taylor. Absen t: None. The Ma yor de cla r e d a quorum present. * * * * * * Also p res en t were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO APPROV E THE MI NUTES OF THE REGULAR COUNCIL MEETING OF JULY 3, 197 8. Co uncilman Williams seconded the mot i on. Upon a call of the r o ll, th e vote resulted as follows: Ayes : Council Members Ma nn , Willia ms, Webe r , Harper, Cl a yton, Taylor. Nays: None . Abstain: Cou n cil Mem b er Sm ith . 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 Cornation 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 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 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 COUNC I L 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 i s $1,200. Mr. Sovern requested Counc i l to accept this con- cept and make an expend i ture o f $1 ,200 so the developmen t o f a model f or Engl ewood cou l d get started. COUNCI LMAN SMI TH MOVED TO APPROPRIATE THE SUM OF $1,200 FOR THE TAX COMM I TTEE TO PART IC IPATE IN THE ECONOMETR IC MODEL FOR REVE NUE FORECASTING. Councilman Webe r second ed the motion. Upon a call of the roll, th e vote resu lted 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 Barb ara Wilson , 3210 South Washington and Sheri Bon d, 3211 So u th 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 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, WISCONSIN , IF THE CITY ATTORNEY STA TES IT IS LEGALLY POSSIBLE FOR THE CITY TO DO SO. Counc ilman Smith seconded the motion. Councilman Harper stated the Counc il 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 pro ject 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 against funding the full balance of their ,tr~p, Mayor .Taylor cautioned other Council members that a p~~cedent could b e set by funding any part of their request. MAYOR TAYLOR MOVED TO AMEND 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 BALAN CE 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, 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 Fi rst National Bank Building, of Richard Simon's office, appeared be f ore Council and discussed the reason for wanting to include the additional language in the question. Mr. Crow stated the add it ional 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 Man n, Williams, Weber, Smith, Harper, Clay t on, Taylor. None . • ) I • • ( • July 17, 1978 Page 7 • • • The Mayor declared the motion carried. * * * * * * Upon a call of the roll, the vote on the original motion resulted as follows : Ayes : Nays: Council Mem ers Mann, Williams, Weber, Smith, Harper, Clayton, Tay lor. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wishing to b e heard at this time. Gene Schn eider, a represen tative from the Englewood Public Schools, appeared before Council and ente red into the re- cord a memorandum from Deborah Pool, Board of Educ ation, dated July 17, 1978 conc e r ning 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 meeti ng along with t h e six-quarter budg et . * * * * * * Mayor Taylor declared a recess at 8:45 p .m. The Counc il reconvened at 9:00 p.m. May o r 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: Non e . The Mayor declared a quorum present. * * * * * * "Connnunications -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 • • ....... ( • July 17 , 1978 Page 9 • • .. COUNC ILMAN WEBER MOVED TO REFER THE ANNEXATION PETITION TO THE COMMUNITY DEVELOP MENT DEPARTMENT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resu lted as fol lows: Ayes : Nays: Counc il Members Mann , Williams, Weber , Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried . * * * * * * City Mana ger McCown presented a letter from the Urban Drainage Flood Control District requesting additional monies for the Holly Dam. City Manager McCown stated the low bid received for the cons truction of the project is higher that what was estimated . The District is requesting that Englewood make a commitment of 50% or $16,865 . The District plans on contacting several other communittes to request their participation and if any of them agre e to participate, Engl ewo od's share will be re- duced. City Manag er 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 date fr om where the money will come. COUNC ILMAN SMITH MOVED TO APPROVE THIS PROJECT FOR A MAXIMUM OF $16,865 TO BE PRORATED BASED ON OTHER MUNICIP ALITIES' PARTICIPATION. Councilman Mann seconded the motion. Upo n a call of the roll, the vote resul ted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Clayton, Taylor. Non e . 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, DIVISIO N 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. COUNCI LMAN 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 Counci l concerning the Six-Quarter Budget for the period of July, 1978 to December, 1979. City Ma nager McCown discussed the memorandum in d etail. Counc ilmen Weber and Smith expressed their co ncern over deleting Handicapped Play Apparatus from the budget. RESOLUTION NO. 49, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 BUDGET IN THE PUBLIC IMP ROVEMENT FUND. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 49, SERIES OF 1978. Councilman Cl ayton 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 tha t wil l b i s sued for the equipment. COUNCILMAN WEBER MOVE D 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 th 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 req~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 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 • • r- • July 17, 19 78 Page 13 • • .. MEETING ON SEPTEM BE R 5, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Wil liams , 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 declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO SCHEDULE A LO CAL FACILITY OTHER THAN CITY HALL FOR A LOCAL BUDGET RETREAT PREFERA BLY 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: Council Members Mann, Williams, Taylo r. 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. - • p·- • 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, Ta y lor. 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 se rve on Boards and Commissions. * * * * * * Councilman Clayton requested Council consider the possibil- ity of restructuring th e 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 Dire ctor 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 Man n, Willi ams, Weber, Smith, Harper, Clayton, 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 • • ( • Swedish Medical Center 5v1 Eas t Ham pden A.venue fr,y1e wooo Coloraoo 8011 0 ( 031 761 Oo6o .. ------------- July 27, 1978 James L. Taylor, Mayor City of Englewood City Hall 3400 South Elati Street Englewood, CO. 80110 Dear Mayor Taylor: • • • 2 4 f R E -~ r ' : ~-T", f j.. ' '' --L I '-" L. , .,.. L ._., ••. ( .!. 137>~ C rY f.1AW~'.t h, •jtf/C- £1~1 , t •I ll~lD At the regular meeting of the Bod rd of T•·Jstees of Swedish Medical Center on Monday, July 24, 1978, a r esoluti on finaliz ;n the tax exempt bond refinancing for Swedish was unanimously approv ed. Th1s action culminates a great deal of effort on the part of the Board o Tru~tee ~. its' Finance Committee, and the staff with a resultant cost reduction of approximately $1 ,800,000. This savings is no t a direct benefit to Swedish but will result in lower costs, and therefore lowe r charges to the patients wh o are served at Swedish . The Board of Trustee s requested that I convey to you, Mayo r Taylor, the members of the Englewood City Council, and Mr. Andy McCown, Mr. Berardini, and Mr. Williams, its most sincere appreciation for all of the effort expended by all of you fine peopl e in br in gin g this refinancing program to a success ful co nclu sion. Without yo ur total ~..o o-'t d' h n u-·· tremendous savings to the p ople of our community would never a 1 h PE:'l r ealized. Thank you again for your interest and concern for .wed 1sh Me d i ca l Center and its programs of pat1ent care . Si ncerely ._ 7 // / £;:-4:~ Executive Dit~ctor LEP:kem • I • • • • • - CITY OF ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS JUNE 14, 1978 The regular meeting of the Board of Adjustment and Appeals was called to order at 8:00P.M. by Chairman Oliver . MEMBERS PRESENT : MEMBERS ABSENT : ALSO PRESENT : Brown, Hallagin , Seymour, Kreiling, Oliver. Dawson, Leonard. Gary Pittman, Chief Building Inspector Leo Clark, Assistant City Attorney Valerie Christy, Recording Secretary ------------------------------ A. MeliRoy Corporation 4045 So. Elati Street Case 20-78 REQUEST : The applicant is req u esting a variance from the required side yard setback of 3 ft. to 2 .6 ft. for the purpose of completing the proposed structure . This is a variance of the Comprehensive Zoning Ordinance, Section 22.4-4 i, (2) (a). The Administrative Report was read and submitted to record. Mr. Royce Smith, President of HeliRoy Corpora tion, and owner of 4045 So. Elati stated that the problem of the encroachment into the sideyard setback was caused by two conflic ting engineering reports of their surveys. The chosen survey was agreed upon by both firms and the neighbor on the south. The two ft. cantilever would not have caused an encroachment if the original survey had been accepted . Mr . John Wooley, of 3845 So . Grant , the neighbor to the south of the subject property expressed his objection because of damage done to his property due to construction at the site . He further stated that he was in agreement with the chosen survey . Mrs. Debbie Teer, of 4031 So . Elati, neighbor to the north of the subject property expressed her objection because of damage to their driveway due to construction at the site. She also stated she had no objection to the accepted survey . Hr . Seynour Notioned : TO GRANT A VARIANCE FROH THE REQUIRED SIDE YARD SETBACK OF 3FT. TO 2.6 FT . FOR THE PURPOSE OF COMPLETING THE PROPOSED STRUCTURE. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-4 i, (2) (a). (l) • I • • .. • Mr. Hallagin Seconded the Motion . Upon a call of roll , the following vote resulted : AYES : Brown, Hallagin, Seymour , Kreiling, Oliver. NAYS : None. ABSENT : Dawson, Leonard . Chairman Oliver declared the variance granted . ------------------------ Mr . Edmund Heit 3081 So. Bannock Case 21-78 REQUEST : The applicant is requestin g a variance from the required minimum ceiling height of at least seven (7) ft. required for at least one half (~) of the floor area of every habitable room to 6 ft. 11 inches for the purpose of putting a dwelling unit in his basement . This is a variance of the Minimum Housing Code , Sections 7-4-2 and 7-4-4. The administrative Report was read and submitted to record . Mr. Edmund Hei t, owner of 3081 So. Bannock , stated that he wanted to add an apartment in his basement for he and his wife to live in and rent out the top of the house . He stated that he would agree to comply with all the Building Code requirements . The Building Department requested three restrictions to the variance as follows: · 1 . Proper escape windows in the bedrooms in the basement . 2. Smoke Detectors in the hallway in front of t he bedroom and a detector in fro nt of t he exit stairway . 3 . Encase the stairway with 5/8 type X sheetrock. Mr . Heit stated that he would comply wi th the restrictions. Mr . Seymour asked him how many bedrooms he would have and what he would do with the windows . Mr. Heit stated he would have one bedroom and would cut out the window larger to be four ft. up from the floor and put in a bigger window and window well outside . Mr . Heit further stated that the garage would be converted into a family room and there would be direct exit from it. Mr . Brown Motioned : TO GRANT A VARIANCE FROM THE REQUIRED MINIMillt CEILING HI:IGHT OF AT LEAST SEVEN (7) FT. REQUIRED FOR AT LEAST ONE HALF (~) '"'' • I • ( • • • • OF THE FLOOR AREA OF EVERY HABITABLE ROOM TO 6 FT . ll IN. FOR THE PURPOSE OF PUTTING A DWELLING UNIT IN HIS BASE~lliNT . THIS IS A VARIANCE OF THE MINIMlJt-1 HOUSING CODE, SECTIONS 7-4-2 AND 7-4-4. THIS VARIANCE IS WITH THE ADDITION OF THESE RESTRICTIONS : l. PROPER ESCAPE WINDOI.JS IN THE BEDROOMS IN THE BASE~ffiNT . 2. SMOKE DETECTORS IN THE HALLWAY IN FRONT ON THE BEDROOM AND A DETECTOR IN FRONT OF THE EXIT STAIR~.JAY. 3. ENCASE THE STAIRWAY WITH 5/8 TYPE X SHEETROCK . Hr. Seymour Seconded the Motion. Upon a call of roll, the following vote resulted: AYES : Brown, Hallagin , Seymour, Kreiling, Oliver. NAYS: None. ABSENT:Dawson, Leonard . Chairman Oliver declared the variance granted. ----------------------- Harry & Sara Adair 3126 So . Vine Street Case 22-78 REQUEST: The applicant is requesting a variance from the required overlot coverage of 25% to 32% for the purpose of erecting a room addition. This is a variance of the Comprehensive Zoning Ordinance, Section 22.4-2 e . Mr . and Mrs . Adair, owners of 3126 So. Vine St ., stated that when they originally purchased t heir home, they had adequate space , but now they feel they've outgrown it and are proposing to enlarge the kitchen area. They stated that they were going to extend the east wall of the kitchen out to be even with the covered patio. The Adminimstrative Report was read and submitted to record. Mr. Pittman stated that he thought the previous owner had put in the covered patio without a permit which created the overlot coverage that was not detected until the present owners came in for this room addition permit . tlr. Oliver stated that the 140 sq. ft. for the proposed addition was not responsible for the entire overlot coverage . Mr . Hallagin Motioned : TO GRANT A VARIANCE FROM THE REQUIRED OVERLOT COVERAGE OF AN ADDITIONAL 140 SQ . FT . TO 32% AND !lOT TO BE LIMITED OR EXTEN DED FOR THE PURPOSE OF ERECTING A ROOM ADDI TION. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22 .4-2 e . (3) • , I • • • • • • Mr. Seymour Seconded the Motion. Upon a call of roll, the following vote resulted . AYES : Brown, Hallagin, Seymour, Kreiling, Oliver. NAYS : None ABSENT : Dawson , Leonard. Chairman Oliver declared the variance granted . ----------------------------- Donald L . Ross 3183 So. Corona St . Case 23-78 REQUEST : The applicant is requesting a variance from the total side yard setback of 10 ft. to 4.8 ft. and from the required side yard setback of 3 ft. to 1 ft . for the purpose of erecting a carport. This is a variance of the Comprehensive Zoning Ordinance, Section 22.4-4 i, (a). Minimum side yard. The Administrative Report was read an submitted to the record. Hr . Ross's Uncle Hr. Clarence Hein, of 3975 So. Galapago, represented Mr . Ross as he had to be out of town. Mr. Hein stated that Mr. Ross had said that there was no objection to the carport from the adjacent neighbors. Mr. Oliver asked if Mr. Ross intended to leave the carport open. Mr. Hein stated that he did. The Board discussed a possible overlot coverage . Mr . Seymour Motioned : TO GRANT A VARIA~CE FROM THE TOTAL SIDE YARD SETBACK OF 10 FT . TO 4.8 FT . AND FROM THE REQUIRED SIDE YARD SETBACK OF 3 FT . TO 1 FT . FOR THE PURPOSE OF ERECTING A CARPORT, WITH THE RESTRICTION THAT THE CARPORT REMAIN OPEN . THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22 .4-4 i, (a). MINIMUM SIDE YARD. Mr . Hallagin Seconded the Motion. Upon a call of roll, the following vote resulted . AYES : Brown, Hallagin, Seymour, Kreiling, Oliver . NAYS : None . ABSENT : Dawson, Leonard. Chairman Oliver declared the variance granted. -------------------- • I • - ( • • • • Minutes of the June 1, 1978 Special Heeting and the Hay 10, 1978 regular meeting were approved by a unanimous vote . There being no further business before the Board of Adjustment and Appeals, Chairman Oliver declared the regular meeting of June 14, 1978 adjourned at 9:15P.M . Valerie Christy Recording Secretary (5) • I . - ( • • • - MINUTES COUNCIL MEETING DENVER REGIONAL COUNCI L OF GOVERNMENTS JUNE 28, 1978 Present: William Thornton, Chairman George Chandler Robert F. Clement William Cobern James P. ColHns Harold V. Cook Mary DILorenzo Robert Foster George Garson Ruben Hartmelster James Lee Gary Lewman Kathy Lindhorst Maggi Markey Vesta H. M lller Robert Moderhak Charles A. Pitts Rodney Sheffer Norman A. Smith Douglas Stanfield Judy Stephens Arthur Tice Don Weber Don Wyman Also Present: Town of Bow Mar Ci ty of Longmont Jefferson County City of Aurora C ity of Littleton Denver, City & County City of Louisvllle Town of Castle Rock City of Glenda le City of Golden City of Lakewood City of Whea t Ridge City of Thornton Boulder County City of Arvada City of Northglenn Arapahoe County City of Westminster City of Broomfield City of Sheridan Town of Morrison Town of Federal Heights City of Englewood Denver, City of Carolyn Bacher, Lakewood City Councilwoman; Kathy Van Liere, League of Women Voters; Barbara Williamson, RTD; Maurice Doll, Denver Post; Patricia Thorsberg, League of Women Voters-Metro Denver; James Jown, Legislative Aide to Don Wyman; Robert D. Farley, Executive Director, DRCOG; Carol M. Langley, Executive Secretary, DRCOG; and various members of the DRCOG Staff. • I • • • C O U NCIL MI NUTES J U NE 28, 1978 Page two Call to Ord e r a nd Roll Ca ll. • • • Cha irman Thornton ca lle d the mee ti ng to orde r at 7:35 p .m . Ro ll was call e d and a quorum d e c la r e d present. 1978. Cou ncil revi e w e d t h e summary of the mee ing as prese nte d. Re port of the C hairma n. C h airm a n Th o rnto n direc ed Council's attention to a summa ry of th e Cou nc il Policy W or kshop held on June 8-10, 1978 at Copper Mou n ta in. Re p o rt o f C omm ittees. Pr ogram Com mittee Pr ogr am Committ ee Cha i rwoman Vesta M!ller , reported th at th e committe e this date discussed a resolution concerning the issue of E PA us in g national population projections in sizing wastew ater fac llities . Th e impact on t he Denver region because of EPA's use o f diffe r e nt p r o j ec ti~n fi gu res is not yet known, but it would have a negati ve effec t o n D e nver. Th e Program Committee unanimously recommend ed Counc ll a doption of this resol ution a nd recommended tha a let te r be se n t to EPA s t a ting Cou ncil 's stron g opposition to this matter. Council on motion by Mrs. Miller, supported by Mr . Clement, unanimously adopted Resolution No . 1 2, 1978, A Resolution Expressing Concern with U .S. Environmental Protection Agency Use of Nationa l Population ProJections in Sizing Wasewater Facilities . (A signed copy of Resolution No. 12, 1978, is attached to and made a part of th e file copy of these mi nutes .) Report on Results of thP Milil Ballot on the Regiona l Growth a nd De v e lopment Plan, Chairman Thornton directed Council's attention to a summary of the res ults of th e Mail Ballot attached to the agenda. As of June 20 , 1978, a tota l of 33 b a llots h ad been received with lhe vote results of the ballot s h ow i n g 24 yes, a nd 9 n o vo t es cast. A total of 22 affirmative votes were re q uired for a d option, • I • • ( • COUNCIL MINUTES JUNE 28, 197 8 Page three • • • As a result of the vote, Resolution No . 11, 1978, A Resolution Adopting the Regional Growth and Develo pm ent Plan for the Denver Region is officia lly adopted effec tive June 1, 1978. (A signed copy of Resolution No . 11, 1978 is attached to and made a part of the file co py of these minutes.) A Resolution Expressing Support by DRCOG for the Proposed Footh ills Pro t ect. Mr. Farley explained that this resolution is a r esult of the current status of the Foothills Project, The Program Committee unammously recommended Council adoption of this resolution by Council. The Resolutwn co v ers many of the issues concerning Foothills previously discussed by Council. The resolution urges President Carter and officials of his Administration to immediately approve t h e 404 permit . Council on motion by Mrs . Miller, supported by Mr . Clement, adopted Resolution No. 13, 1978 , A Resolution Expresstng Suoport by the Denver Regional Council of Governments for the Proposed Foothills Project. The motion carried with Commissio ner Markey a nd Councilman Sheffer voting no. (A signed copy of Resolution No. 13, 1978 is attached to and made a part of th e fll e copy of these minutes.) TIP Amendment , Th e Pro g ram Committee a t its meeting on June 7, 1978 recomm e nded fa v o r able action by Council on the attached resolution. Mr. Scheuernstuh!, DRCOG Staff, exp lained that this amendment is a resu l t of the I-470 transfer funds being made availabl e when a number of projects which were originally in th e Urbiln Systems part of the TIP were funded using the I-470 funds. The Urban Systems Commi tee met nd selected n new program to utilize those funds that became av, ilabl • The City & County of Denver also revised their program becaus t. of the funds that became availab l e to them as a result of the I-470 tran sfer . The Highway DepMtment in a previous submission to the TIP had negelected to include I-76 for a rehabilitation project a nd that correction has now been m. de to the program. Those are the TIP amendments adopted here. Council on motion by Mrs. Miller, supported by Mr. Lee, adopted Resolution No, 14, 1978, A Resolution to Amend the 1978-82 TIP . The motion carried with Mr. Weber voting no. (A signed copy of Resolution No. 14, 1978 is att ched to 11nd made a part of the file copy of thesP minutes .) • I • • - ( • COUNCIL MINUTES JUNE 28, 1978 Page four •' • • - Amendment to Federal Aid Urban System to Include Mineral Avenue . Mrs . Miller noted that this was a request of the City of Littleton and Arapahoe County to add a proposed roadway segment k nown as Mineral Avenue between Santa Fe Drive and Platte Canyon Road to the Federal Aid Urban System . The Program Committee unanimously recomme nd e d Council adoption of the resolution. Council on motion by Mrs. Miller, supJXJrted by Mr. Cobern unanimously a dopted Resolution No. 15, 1978, A Resolution To Amend the D enver Urban Area Federal Aid Urban System . (A signed copy of Resolution No. 15, 1978 is attached to and made a part of the file copy of these minutes.) Adoption of the Regional Housing Opportunity Plan. Mrs. Miller stated that the Program Committee reviewed ex tensively all proposed amendments to the Plan and the A-95 wording was unanimously recommended by the Program Committee to Council for adoption. Kathy Van Liere, Lea g ue of Women Voters, passed out comments from the League urging support for th e Plan . Mr. Farley explained that the A-95 Amendme nt contained in a memo to Program Committee asked that langua ge originally contained in the draft housing plan with regard to A-95 review be rewritten, The original language referred to such wording as denial of all federal aid applications to jurisdictions who had not met with performance criteria yet to be established. That was brought to question by the Program Committee and there was some discussion about what the HUD regulations would require and staff reported back that there were HUD regulations which require that the A-95 issue be addressed, at least with respect to HUD applications. The Program Committee recom mended this date that the language be rewritten as follows: "DRCOG w1ll recomm e nd denial on all applications for HUD assistance or other federal and state housing and community development assistance which have not adopted the RHOP or which have not made a good faith effort in achieving RHOP goals and performance objectives ." • 0 I • • ( COUNCIT.. MINUTES TUNE 28, 1978 Page five • • • 0 That word ing would be substituted for previous language on Page 35, No. 11.1 in th e Plan. That would be an a dditional ame ndm ent to th e draft plan in addition to th e changes adopte d under Attachment H in th e agenda. Mrs. Miller added that the Program Committee carefully considere d each change and discussed th e m extens ively. These are th e changes resulted from the Public Hearing. Mr. Lee stated that Lakewood has several concerns which he di stributed to Council in a letter. Lakewood w as con cerned with a mandated Metro Housing Authority and an acceptable provision for the A-95 review. Both of these concerns h ave been resolved and Lakewood wlll now vote yes on the Plan. Lake wood has other min or concerns with the Plan which Mr . Lee discussed with Council. At the requ est of Council, it was th en agreed t o vot e o n th e A-95 Amendment separa t e ly from the original motion. Cou ncil on motion by Mrs . Miller, supported by Mr. Pitts , moved to adopt the A-95 Amendment as Follows: "DRCOG will recommend denial on all applications for HUD assista nce or o ther fed e ral and state housing and commu nity d eve lopment assistance which have not ado pted the RHOP or whic h have not made a good faith effort !n achievi ng RHOP goals and per fo rm ance objectives; "for inclusion in the Plan . Motion c arried with Messrs . Wyman and Cook votina no. Council on motion by Mrs. MJ!Ier, supported by Mr. C l ement, unanimously moved: (I) for adoption of the Amendments recommended by the Program Committee; and (2) to change municipality to jurisdiction in the Plan . After discussion, Chairman Thornton directed that a Mail Vote be taken on adoption of the Plan and its Amendments . The results will be a nnounced at the Tuly Council meeting . If Councll action is favorable and the RHOP is adopted, then each loca I Jurisdiction as required by federal regulations, will be asked to consider a resolution approving the RHOP as adopted by Cou ncil. The RHOP wm become approvable by the Dept . of HUD when 50% of the member jurisdictions representing 75% of the region's population have approved the amended RHOP. • I • • COUNCIL MIN UTES JUNE 28 , 1978 Page six Briefing on Air O uality Program Issues . • • - Mr. Farley refe rre d Council to the Joint Determination Agreement under Attachment I of the Age nd a s pelling out the joint a rrange ment between the State and DRCO G for th e contract work to be done a nd outlining th e structure, in attachment s thereto, for ca rrying ou t that rol e . Chairman Thorn ton and Govern o r Lamm have jointly ap pointed a broadly b as ed Task Force to assis t DRCOG. The Air Qua lity Policy Committee, which will a dvis e DRCOG a nd th e Air Pollution Con troll C ommission is chaired by Commissioner Thomas Eggert and the Clean Air Task Force, a larger group, is led by De nve r Banke r Bruce Rockw ell . Both groups a re meeting regularry at DRCOG' s offices. The work o f th e groups must be completed and drafts submitt e d to DRCOG by the end of August. That w1!1 begin a revie w process at DRCOG with the full Council then making recommendations to the Air Po llution Control Commission . Th e Air Pollution Control Commission is charged with approvi ng a State Implementation Plan to meet the deadline of January l, 1979 as imposed by fed e ral s tatute . Hopefully, DRCO G will receive $50,000 in supple menta l funding from th e State to ca rry ou t its work. An additional $50,000 fr om th e transportation planning process, should cover DRCOG' s imvolvement in air quality planning through January, 1979. • A status r eport will be p resented to Council a t th e Ju l y mee ting . EPA/EOS and Status of 208 Certification By The Sta t e of Colorado. With regard to the Cou ncil's Clean Water Plan, Mr . Pampu noted that th e State in January certified th e Clean Water Plan with some conditions a nd made some changes in th e management agency recommendations and forwa rd ed the Plan to EPA . As of this date, EPA has not taken action on the Plan . Mr. Foster explained that the DRCOG Staff has prepared a summary of the EPA "Final Denver Region al EIS for Wastewater Facilities and the Clean Water Pl a n" for Council information and review. Mr. Foster reviewed the comments made by the staff and other agencies . Also distributed to Cou ncll was DRCOG's l ett e r to Alan Merson, EPA Regional Administrator, with comments on the Final EIS which expresses Council's conside r able concerns about the propose d actions and mitigations and othe r matters found in the sraff summary of the EIS. Councll agreed that it would be appropriate for staff to prepare a letter and strong Resolution expressing Council's concerns on the Final EIS for th e July 5, • I • • ( • COUNCIL MINUTES JUNE 28, 197 8 Page seve n • • • 197 8 Program C ommittee meeting and t h a t Counc il members Miller, Lee, Collins , and Weber talk to AI Foster o n the DRCOG Staff and provide him with input for th e word ing in th e Resolution based on th e concerns expressed at this meeting. Report o n th e 1977-78 Denture Program . W e ndy Snow, DRCOG Staff, r eviewed the direct services provided by DRCOG through the Dental Act of 1977 to provide dentures or d e ntu r e related care to th e senior citizens who are currently receiving Colorado O ld Age Pensions. The program was administered by DRCOG and carried out through 10 non-profit organizations funded by th e program . The imp lementa tion of the program was reviewe d and the success of the program was e vident in th at 602 Old Age Pensione rs in Region III now have been served under t h e program. Originally, th e Region was allocated $165,961.88 of which $146,679 .50 w a s s pe nt. A table w as distributed showing distr1butio n by counties of persons served and money s pe nt. Staff w ill do an assessment within t h e n ext thirty days of DR COG's potential role i n th e new program, given the minimal administrative costs included in the bill and will report to the Execu tive Com mittee with a recommendation of whe ther DRCOG should continue to pa rticipa t e in the program a nd in what ca pa c ity. Status Report on the Eco Cvcle Project. Mr . Fo s ter, DRCOG Staff, b r iefed Council o n the Eco-Cycle source se paration program which has been oper ating in Boulder for two years, and DRCOG has been providing p a r tial financia l support through an EPA grant since the fall of 1977. DRCOG ' s support will continu e through January 31, 1979. The Eco-Cyc l e program is an ex perime ntal one and varying ap proache s are being tried . Some are more successful than o ther s . A full scale assessment of the program and its applicability to the entire Denver r egion, and other communities nationally, will be made a t the conclusion of DRCOG' s participation next January . Report of the Executive Director . 1. The Governor has designate d DRCOG as the Solid Waste Planning Agency re sponsibile for Solid Waste Planning for Region III . There are still no fund s appropriated by Congress to discharge the responsibiliti es under the Act, but DRCOG sta nds ready to accept those funds if they are appropriated . 2 . Notification was received this week that Amtrak is holding hearin gs on discontinuance of service between Chicago, Denver and San Francisco . Those hearings will take place on July 6, 19 78 In the Denver City Council Chambers • • I • - ( • ( • COUNCIL MINUTES JUNE 28, 1978 Page eight • • - 3. Through Vice Chairman Vesta Miller, DRCOG participated in a Carpool- Ride-Sharing Seminar put on by the Denver Chamber of Commerce and Mrs. Miller made an excellent presentation. 4. Host responsibilities have been completed for the NARC Annual Conference held May 6-10, 1978 in Denver, Mr. Farley noted that a number of letters have been received from all over the country that the conference wa s a complete success. He thanked those policy and staff persons wh o worked so hard to make the conference successful. 5. On behalf of Dale Andrus, Secretary of the Dept. of the Interior, Mr. Farley presented Al Foster, DRCOG Staff, with a Certificate recognizing him for his participation in the Foothills EIS team process. Other Matters. Chairman Thornton acknowledged Executive Director Robert Farley as recipient of the Walter A. Scheiber Regional Leadership Award presented by NARC to an outstanding regional council director in the United States a nnually, Mr. Farley was recognized for his efforts in making DRCOG one of the most effective and respected regional councils in the country . AdJournment. There being no further business, the meeting adjourned at 9:55p .m. ATTEST: Robert D. Farley Executive Director • William Thornton Chairman I • • l • • • .. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION July 5, 1978 I , CALL TO ORDER . The regular meeting of the City Planning and Zoning Commission was called to order by Chairman OWens at 7:10 P .M. Members present : Lathrop, McClintock, Owens, Parker, Pierson, Smith, Tanguma , Draper Romans, Ac ti ng Ex-officio Members absent: Williams II . APPROVAL OF MINUTES. Mr . Owens stated that the Minu tes of June 13, 1978, and Ju n e 20, 1978, were to be considered for approval . Parker moved : McClintock seconded: The Minutes o f June 13 , 1978, be approved as written . AYES: McClintock, Owens, Parker, Pierson , Draper NAYS: None ABSTAIN: Smith, Tanguma, Lathrop ABSENT: Williams The motion carried . Parker moved: Tanguma seconded: The Minutes of June 20, 1978, be approved as written. AYES: Pierson, Tanguma, Draper, Lathrop, Owens, Parker NAYS: None ABSTAIN: Smith, McClintock ABSENT: Williams The motion carried . III , ZONING DESIGNATION 1470 West Tufts Avenue I-1, Light Industrial Smith moved: CASE #8-78 Lathrop seconded: The Public Hearing on Case #8-78 be opened . AYES: Ow ens, Parker, Pierson, Smith, Tanguma, Dra per, Lathrop, McClintock NAYS: None ABSENT: Will iams The motion carried . • I • • • • • -2- Mr. Owens outlined the procedure that will be f ollowed in the course of the Public Hearing. He asked that the staff present the report to the Commission . Mrs. Dorothy Romans was sworn in, and testified that she is the Assistant Director of Community Development . Mrs . Romans stated that the matter before the Planning Commission this evening is concerned with the zoning desig nation of a parcel of land, which parcel of land the property owner has petitioned to be annexed to the City of Englewood. Mrs. Romans pointed out the property on the land use map and on the zoning map, and stated that it is located on the southeast corner of South Beverly Drive and West Tufts Avenue . The area is presently in unincorporated Arapahoe County, and is presently zoned by the County as R-3, Single-family Residence. Mrs . Romans outlined the zone designations on the surrounding land, noting that land within the City of Englewood to the immediate south and southwest is zoned I-1, Light Industrial, which designation is proposed for the subject property . The land in the County to the east and immediate northwest and north is designated as R-3, Single-family Residence, with I-2, Heavy Industrial, in the unincorporated area in the vicinity of South Windermere Street . Mrs. Romans stated that Mr . Antonio Bovenzi is the owner of the subject property, and has petitioned the City of Englewood for annexation . The property in question is a little more than one acre in size . Mrs. Romans stated that the attorney re- presenting Mr . Bovenzi has indicated to Community Development Director Wanush that his client is desirous of the I-1, Light Industrial Zone District classification for his property, feeling that the property can be better utilized in the I-1 Zone District than in the R-3 Zone District . The 1965 Annexation Act, as amended, requires that all munici- palities annexing property zone that property within 90 days of the finalization of the annexation. Mrs . Romans stated that this means the zoni n g process must actually be started before the City Council has finalized acceptance of the annexa- tion petition in order to meet t his time restriction. Mrs. Romans asked that the staff report, which was submitted t o the Planning Commission, Mr. Bovenzi, Mr . Vondy, and Mr. and Mrs. Ray, be made a part of the permanent record of this Hearing, and that the certification of posting and the public notice also be made a part of the record. The staff recommends that the subject property be given the I-1, Light Industrial Zone classification upon annexation to the City of Englewood for the following reasons: 1. The I-1, Light Industrial Zone District, would be an ex- tension of th I-1 Zone classification which has been applied to lands within the City of Englewood, which lands adjoin the subject area and are adjacent to the subject ar a to the southwest. • I • • • • .. -3- 2, Because of its proximity to existing industrial development, major railway lines and South Santa Fe Drive, the subject area does not lend itself to further residential development , 3 , That the proposed I-1 Zone Classification will conform to the Generalized Land Use Plan for that area as set forth in the City's Comprehensive Plan, The staff also recommends that certain conditions be placed on this zoning if it is approved. Mrs. Romans stated that the staff feels the City more or less set a precedent on a recent rezoning case on the north side of West Tufts Avenue when con- ditions were placed on that zoning, and the staff feels there are certain similarities in this case, Mrs. Romans cited the following conditions that the staff recommends be placed on the zoning: 1. No Building Permit shall be issued for the construction or installation of any building or structure on the sub- ject property or any portion thereof except in conformance with a Development Plan which has been approved and re- corded in compliance with §22.4A of the Comprehensive Zoning Ordinance . 2. There shall be a minimum setback of 25 feet from the west property line of Lot 12, Bell Isle Gardens Sub- division, Arapahoe County, Colorado, which Lot is identified by street address as 1460 West Tufts Avenue. 3. The east boundary o f the subject proper ty shall be screened as approved by a recorded Development Plan , 4. No entrance, exit or loading dock shall be permitted on the east side of any building which is constructed on the subject property; nor shall any parking, storage of equipment, materials or trash, or access other than for emergency vehicles be permitted in the area east of said buildings. 5. The maximum height of any structure or building shall not exceed 25 feet above the natural g rade of the site , 6. All outside storage on the subject property shall be enclosed by a solid fence or wall not less than six (6) nor more than eight (8) feet in heig ht, all trash collec- tion centers shall be of a covered type and no outside storage shall create litter, be a fire or health hazard or create any other form of public nuisance, 7 , Lighting facilities on the property or on any building or structure located on the subject property, shall be so arranged that they will neither shine nor be reflected on the adjacent residential properties, Mrs. Romans noted that §22 ,4A referred to in Condition #1 is the Planned Development District , She noted that if one use is proposed for this subject site, she would quest~on the necessity of imposing the Planned Development requ1rement , • I • • • • • • -4- Mrs . Romans stated, in reference to Condition #3, that if the property is developed for one use, and the Planned Development is not required, the screening should be controlled by some other procedure . Mrs. Romans noted that Condition #5 is imposed in an effort to keep the height in conformance with that permitted in the Single-family Residence districts to the east. Mrs. Romans stated that are comparable to those 1451 West Tufts Avenue. have to comply with all the staff feels the proposed conditions imposed on the Garrett property at Any development on this property will existing codes and ordinances. Mr . Draper asked what power the City would have to enforce these conditions if the property owner initially agreed to them, but upon development failed to comply? Mrs. Romans stated that the Building Department would check on the de- velopment of the site as it progresses to assure compliance, and if there was a violation after development was completed, the property owner could be cited. Mr. Smith asked if the property to the south o f the subject site was zoned I-1 or I-2 ? Mrs. Romans stated that this land to the south of the subject site is within the City of Englewood, and is zoned I-1, Light Industrial. Mr. Smith questioned the 20 f oo t dedication f o r West Tufts Avenue that has been discussed ; he noted that he did not see reference to this in the staff report . Mrs. Romans replied that this is a condition of the annexation, but not o f the zoning. Mr. Fred Vondy was sworn in, and stated that he was legal counsel for Mr . Bovenzi, and Mr. Trani. Mr. Bovenzi is the property owner and Mr. Trani is the business partner of Mr. Bovenzi , Mr. Vondy asked if members of the Commission had viewed the subject site? Mr . Owens stated that the Commission did earlier this evening . Mr. Vondy cited industrial developments in the immediate area of his client's property . Mr. Vondy stated that the property to the north of Mr . Bovenzi's property is open, but is most likely to be zoned industrial in the future. Mr. Vondy stated that he felt the staff had dealt effectively with the problem of protecting the residential area to the east . He noted that there is presently a six foot wooden privacy fence separating this subject property from the residential property to the east. He stated that h e doubted if any further type of screening would be more effective than this privacy fence. Mr. Vondy stated that his client is ready to donate the right-of-way needed for West Tufts Avenue. Mr. Vondy stated that his client wants to move his business to these premises, which business is engraving . Mr . Vondy stated that Mr. Bovenzi lives in Englewood, and hopes to stay in the City, and would like his • ) I • • • • • ,. - -5- business to be in Englewood, also. Mr . Vondy stated that his client would like to have Condition #1, the requirement for Planned Development, waived. Mr. Bovenzi would like to get an architect started on the design of the building as soon as possible, and they do feel that the privacy fence screening is adequate. Mr. Vondy stated that they have been some time in attempting to get the matter before the City, and that building costs are rising constantly; if his client must go through the Planned Development process this will result in more time loss to his client. He stated that he would urge the Planning Commission and City Council to approve the re- quested zone classification and permit Mr. Bovenzi to begin construction of his building. Mr. Vondy stated that his client would be willing to commit to the pro posed Conditions 2, 3, (subject to the comment that they feel it is already adequately screened), 4, 5, 6, and 7. Mr. Vondy reiterated that Condition #1 involves additional governmental processes and is time consuming. Mr. Smith pointed out that the Planned Development process is not lengthy, and does assure to the City and the surrounding property owners the type of development that is proposed. Mr. Vondy discussed his experience recently in Evergreen, where- in governmental process proved very costly to his client. He stated that his client will abide by the judgement of the City, but does ask for the right to construct the building on the property in compliance with the I-1 Zone District . Mrs. Pierson asked the staff opinion on this question. Mrs. Romans stated that if the Planned Development process were to be followed, and if everything went through with no problems, it would require about six weeks . Mr. Owens asked if the Com- mission would have to wait until the annexation is finalized before that process could be started? Mrs . Romans stated that she felt the Planned Development process could be started prior to finalization of the annexation and zoning procedure; the plans would not be recorded if the property were not to annex to the City, or if the I-1 zoning were not applied to the land. Mr. Owens asked if there were anyone else in the audience who wished to speak in favor of the proposed zone designation? No one spoke in favor of the proposed zone designation . Mr . Owens then asked that those persons in opposition present their case . Mr. Stohn 1530 West Tufts Avenue -was sworn in, and asked how this pro- posal would fit into the Master Plan which Englewood has had for some time. He asked if the pro- ponents realized that this property "sits in the middle of a proposed street?" He asked if the proponents had given this any thought? Mr. Vondy stated that City officials have considered this, and • I • • • • - -6- he does not feel it very likely that a street will go through this property . He stated that he felt the expense involved to acquire the right-of-way will out-weigh the hoped for benefit of any street in that location. Mr. Stohn asked of the staff is there was a proposed street through thi• property? Mrs. Romans stated that the staff did not go into this matter in the staff report, as this is a matter that will have to be worked out at the City Council level at the time of annexation, and not as part of the zoning process. She stated that if the City Council determines that Navajo Street should be extended through this property, the property owner will, in all likelihood, choose not to annex. Mrs. Romans discussed the Master Street Plan as it pertains to this area . South Windermere Street cannot be extended be- tween Quincy Avenue and Oxford Avenue, and it was determined that a traffic carrier is needed in this area; therefore, the extension of South Navajo Street from Oxford south to West Tufts Avenue is proposed . The City is trying to obtain a 60 foot right-of-way on South Navajo between Oxford Avenue and Quincy Avenue . With the extension of South Navajo Street south of Quincy Avenue, heavy traffic could use this street rather than South Windermere Street. Mrs. Romans pointed out one or two alternatives to the proposed Tufts/Union Avenue realignment which could tie into the Navajo Street Extension, Discussion on the proposed realignment of the West Tufts/West Union Avenue intersection and the South Navajo Street extension ensued. Mrs. Romans stated that if the City does annex the property and zone it for industrial development, this would effectively eliminate the possibility of the South Navajo Street extension . She stated that she felt it was highly unlikely that the City Council would accept the petition f or annexation from Mr . Bovenzi, and then take a great portion of the site for the extension o f South Navajo Street , Mr . Vondy stated that he was involved in a recent lawsuit over South Navajo Street right-of-way further to the north, and the City did abandon their right to that right-of-way, This has been within the last 90 days . He stated that he felt it was highly unlikely that South Navajo Street would be extended through Mr. Bovenzi's property , Mrs . William F. Manning 1540 West Tufts Avenue -was sworn in, and asked "how come when land is taken for streets, it's 'dedicated'"; she described it as "donated " rather than "dedicated". Mrs, Manning questioned the height limitation as proposed on this rezoning, She noted that her property is immediately to the east of that owned by Mr . and Mrs. Mardesen, which was annexed to the City of Englewood and z oned within the past couple o f years. She noted that they are developing this property with structures up to 30 feet in height, and asked how this could be done if there was a 25 foot height • I • • • • -7- limitation as proposed on the property owned by Mr. Bovenzi? Mrs. Manning then discussed the provision on lighting, and noted that lights from the Friedman Paper Plant are disruptive to residents of the area all night long, all year long . She noted that someone has shot out one of the most annoying lights on the Friedman Paper Plant. She stated that the staff "stands here and say there will only be 25 foot height allowed and no lights --it's not right." Mrs. Manning stated that the resi- dents of that area want no more I-1 zoning, no more annexations to the City of Englewood . Mrs. Manning stated that she has lived there for 22 years, and it was a nice neighborhood for many years. Mrs. Manning stated that there was "no need for a ghetto, but you have made it that; you have done it to us." Mrs. Manning stated that this area is in the County, and they want to remain in the County . Mr . OWens stated that at the time the Mardesen property was annexed to the City and zoned I-1, the position of the City Attorney's office was that no conditions could be placed on the zoning; this position has now changed somewhat. There is no way that the height limitation condition can be made retro- active to affect the Mardesen property. Mr. Owens stated that he felt the Commission and City were responding to the trends of the community . Mr . Owens pointed out that the City is not asking these property owners to annex to the City. Rather, the property owners are asking to be annexed, and they are asking for a zone district in which they feel they can feasibly de- velop their property --I-1, Light Industrial. Mrs. Manning stated that annexation and industrial zonings "are hurting the community", even though she realized "there is no sense in fighting it." Mr. Vern Porter 1460 West Tufts Avenue -was sworn in, and testified that he owns the property directly to the east of the subject site. Mr. Porter stated that Mr. Bovenzi bought the property as residential property; he stated that he felt sure Mr . Bovenzi fully intended to apply for industrial zoning when he purchased the property, and suggested that per- haps Mr. Bovenzi should have checked with the adjoining neighbors before he purchased the land to determine their feelings about additional industrial zoning there. Mr. Porter stated that he did not feel it is proper to impose industrial zoning between two residential uses, as would be the case in this instance were the industrial zone classification to be approved. Mr. Porter stated that it would be a different matter if the entire neighborhood decided to apply for light industrial zoning, but to impose light industrial zoning on a piece-meal basis and to impose it between two residential uses is wrong . Mr. Porter questioned the possibility of zoning the Tufts frontage of the site to residential, and the southern half of the site for industrial development. He noted that this would preserve tre residential "frontage" along Tufts Avenue in this area, Mr. owens pointed out that in the past 15 years, there have • I • • • • - -8- been no Building Permits issued either in Arapahoe County or the City of Englewood for other than industrial development in this area. The trend in this general area does seem to be toward industrial development. Mr . Owens stated that the Com- mission did view the property earlier this evening, and did note the several nice residential uses in this neighborhood. Mr . Owens did point out, however, that the area t o the south and west of the subject site is zoned for and developed as industrial . Mr. Porter stated that to the west, the "Hays" property is z oned for industrial development, but the remainder of the property is developed residentially. Mr. Porter asked if the property owner was planning to construct just one building to house his business on this site, or whether there would be other buildings and tenants in addition to Mr. Bovenzi's business. Mr. Porter again asked if the Tufts frontage could not be zoned for residential use, and the south half o f the lot zoned for industrial purposes? Mr. Vondy stated that it is the feeling of his client tha t the entire parcel would be more appropriately zoned to I-1, Light In- dustrial . Mr. Vondy stated that while an architect has not been engaged to desi gn the development, ~tt. Bovenzi would have tenants on the site to make it economica lly feasible. They do intend to generate income from other tenants that will be compatible with the neighborhood , Mr . Vondy pointed out that Mr. Bovenzi's engraving business is quiet, and inquired of Mr. Porter what his business is and where it is located? He asked o f Mr. Porter if he was not engaged in business in this immediate neighborhood? Mr. Porter stated th at he was not. Mr. Stohn inquired i f Mr. Bovenzi had attempted to get the property rezoned in the County before applying to the City for annexation and zoning? Mr . Vondy stated that they made initial inquiries, and found the parcel to be part of Englewood's economy, and fe lt that the site should be annexed to the Cit~ No application was made for rezoning in Arapahoe County. Mr. Stohn asked if Mr . Vondy and/or his client was told by Arapahoe County o fficials that they would not impose an industrial classification between two residential uses? Mr. Vondy stated that he was told no such thing, and would doubt that this is true. Mr . Stohn stated that this was the information that he was given upon inquiry . He stated that he felt the applicant was forced to come to Englewood not only on account of "services" but for development. Mr. Stohn stated that at the previous attempt at annexation of this area by the City of Englewood, Mrs. Romans had assured the residents of this area that the residential area along Tufts Avenue would remain in a residential zone district classifica- tion, and that properties not developed residentially or so zoned under the County zoning classification would be zoned for industrial purposes . Mrs. Romans stated that she did not recall a zoning proposal for the property west of the Porter property other than for I-1, Light Industrial . !rs.Romans stated that when the property east of Santa Fe Drive was annexed to the City, the area along West Tufts Av n ue was propos I for I-1 Zoning • • I - • • • - -9- Mrs. Marlene Stohn 1530 West Tufts Avenue -was sworn in, and testified that all property east of the Mardesen property at the southeast corner of West Tufts Avenue and South Windermere Street was proposed for residential zoning. Mrs, Stohn stated that if office files were researched, she was sure that this would be substantiated. Mrs. Stohn stated that at the time Mr . Mardesen's property was annexed to the City, she personally came into the office to discuss the matter with Mrs. Romans; she was assured at that time that any annexation along West Tufts Avenue would be given a residential zone designation for the depth of the existing residential use . Mrs. Romans stated that she would check the office files on the zoning of this area, but that she could not recall at this time any such conversation. Mrs. Stohn stated that the Mardesen property was previously owned by Mr. Hayes, who had an industrial zone classification on his property because of the gun shop business he conducted at that location, Mrs. Stohn emphasized that the residents of this area do not want further industrial zoning in the area, and most certainly do not want industrial zoning imposed be- tween two residential uses . Mr. Owens asked Mrs. Stohn if she could really expect this subject property to develop as a single-family residential use? Mrs. Stohn stated that she didn't know if it would, but could not say that it would not. Mr. Owens stated that in a recent case before the Commission in this immediate area, the gentleman testified that he could not obtain financing for residential development on his property. Mrs . Stohn discussed the development of the Moore/Hanson property, which was originally zoned R-4, Residential-Pro- fessional at the time of development. The developers agreed to the screening provisions required in that z one district at the time of the initial development; however, last year an addition was made to the structure, which addition eliminated the landscaping and screening provisions between the residential properties and his industrial business. Mrs. Stohn stated that the property owners object to any additional industrial zoning in this area. Mr. Stohn asked about the configuration of the subject site; he not ed there were some "jogs" shown on the maps of the property, Mrs. Romans stated that the "jogs" indicate right- of-way that would be encompassed in the zo ne designation, Mr. Roy Eastin 4546 South Lipan Court -was sworn in, and stated that he would "like to point out the fact that the staff presented alternatives on the realigr~ent of the Tufts- Union and the Navajo extension, but did not present any alterna- tives for the development of this area . It's going to be in- • I • • • • • - -10- dustrial and that is that, even though it's now residential." Mr. Eastin stated that the "way this is being rushed through", it reminds him o f the Friedman Paper Plant, and the way that was "rush e d through." Mr. Owens took issue with Mr. Eastin's statement that this is being "rush ed" through any process. Mr . Owens attempted to explain to Mr. Eastin the process that is being followed, and the reasoning behind this process. Mr. Smith further explained the reason that the zon ing designation is being considered be- fore the final action of the annexation petition; he noted that there is a t ime limitation t hat must be followed in applying a zone classification after the annexation petition is approved. To meet this deadline, consideration o f the z oning by the Planning Commission is started prior to fi nal Ci ty Cou ncil action on the annexa tion petition. Mr , Smith emphasized that this is not a matter of "rushing" anything throu gh, but simply trying to meet the time limitation placed by State Statute . Mr . Eastin stated that there a re a lot o f nice homes in this area, and that they deserve prot ection . To zone this area t o industrial with residential use on either side of it as well as across the street does not mak e sense . Mr . Eastin noted that this subject site is now z oned residential by Arapahoe County, and is adjacent on three sides to resi dential zoning , He stated that if the property were to be c leaned up, maybe something could be done with it. It is no t an asset to the City of Englewood as it is now. Mr . Eastin asked if there was a shortage of land zoned for industr ial purposes? Mr. Owens stated that he did not believe there was a shortage , He reiterated that h e fe lt the Commission is res ponding to economic trends in the area, and again pointed out that no building per- mits have been issued for any us e but industria l f or the past 15 years, Mr. Tanguma a greed that the trend of this area does seem to be to industrial development of some kind , Mr. Tanguma stated that he felt the industrial development would aid in the increase of property values for p r operty owners in the area. Mr. Eastin stated that h e did not agree that the in- dustrial zoning and development would increase the property values ; he felt that it would tend to decrease them . Mr. Gerald Ray 4505 South Lipan Court -was sworn in, and stated that he fe lt some consideration s hould be given to the fact that the residential property owners have lived in this area for 20-30 years , and that Mr. Bovenzi has owned his two years . Mr. Ray stated that he fe l t the I-1 z oning would devalue the property of the long-time residential property owners . He further pointed out that if the subject site were to be designated for I-1 Light Industrial d e v e lopment, the residential properties to the west on the south side of West Tufts Avenue are "condemned to I-1 if they want to get anything out of their land ." Mr. Ray stated that the County has stated they woul d not "spot" z one industrial between residential uses in the manner proposed. • ) I • { • • - -11- Mr. Owens stated that unless there was a direct communication from the County to the City Planning Commission on that state- ment, that the Commission could not accept it. Mr. Ray stated that he did not feel it was right to spot zone a piece of property industrial between two residential uses. Mr. Ray stated that the industrial zoning and development does affect the property values of the residents, and the zoning and effect will continue to the east of the City Ditch. He stated that he did not agree with zoning more and more land for industrial purposes ; he noted that this resulted in the loss of residential ground and residential uses in Englewood. Mr. Ray acknowledged the right of the subject property owner to use the land as they wish, but not if it adversely affects the other property owners of the area . Mr. Ray stated that he understood a Building Permit has been issued for the construction of a solar-heated house on the west side of South Mariposa Drive, which street is to the east of the subject property. Mrs. Pierson stated that she felt this is a difficult decision facing the Commission; while there are some very nice homes in the area. there are also some very "trashy" properties which are not conducive to new residential development. Mr. Ray stated that he felt much of the "trashy" look is a result of the continual industrial encroachment into the residential area. Mr. Ray stated again that it is the feeling of the residents of the area that the industrial encroachment will continue to the east o f the City Ditch . Mrs. Pierson stated that she felt it likely that the residential development on Mariposa would be preserved, and that the in- dustrial zoning would not keep "creeping" to the east. Mrs. Pierson stated that she did not agree that the proposed in- dustrial designation of this subject property was "s pot zoning". Mr. Ray noted that their property was in poor condition when they purchased it, and that they are putting a lot of time and money into fixing it up. He stated that they are fearful that an industrial development on the recently rezoned property at 1451 West Tufts Avenue could have an adverse effect on the property value of their place. He stated that he felt the im- position of industrial into this residential area will have the "domino" effect on the residential area to the east of the City Ditch . The merit of zoning the property industrial and whether effort would be made to clean it up if it were so z oned was discussed, as were the merits of leaving the property residential in an effort to encourage further residential development. Mr. Ray stated that he felt a lot would depend on the type of industrial tenant that would occupy the development as to whether the in- dustrial zoning would lend itself to cleaning the property u~ • I • • • I • • .. - -12- Mrs. Stohn stated that the property directly across the street from them on the nor th side of West Tufts Avenue is in Probate Court. She stated that she understood that the property owner, who lives in New York state, wants to sell this property. She stated that she understood the residential structures on the property are being rented by the new owner , Mrs . Linda Ray 4505 South Lipan Court -was sworn in. Mrs. Ray stated that when Mr. Bovenzi purchased the property two years ago, it wasn't in very good shape, and he probably purchased if for speculation purposes . She suggested that prospective purchasers of such property should first inquire throughout the neighborhood as to the surrounding property owners attitude on matters such as industrial zoning and de- velopment . Mrs. Ray stated that it was her opinion that if someone has owned property for two years and hasn't done much with it, they had no intention of doing anything to improve it to begin with. She pointed out that the houses on both sides of this site are very nice, and that there ar e individuals willing to purchase property and put time and money into fixi ng it up . Mrs. Ray stated that the Commission talks about following the "economic trend" of the neighborhood, and pointed out that at some point, this "trend" was started by allowing one developer to put in warehouses or some such industrial use . Mrs. Ray urged that if the z onin g is approved, tha t conditions be placed on the z oning , and that these conditions be e nforced. Mrs. Eldri dge 1450 West Tufts -was sworn in. She stated that the six foot privacy fence along the boundary between the Porter property and the subject property is there f or a reason namely, that Porters are trying to obstruct their view of the ill-kept property to t h e west. She noted that this fence was erected within the last two years, since Mr. Bovenzi purchased the subject site. Mrs. Eldridge stated that she and her husband have lived in this neighborhood for 30 years, and have seen the encroachment of the industrial zoning and development. Mrs. Eldridge stated that building permits have been issued for con- struction of two houses on South Mariposa Drive, and felt that this is proof that the area can develop for residential purposes. Mr. Owens asked Mr. Vondy if he would like to rebut any of the statements made by the opponents? Mr . Vondy stated that for the record, he would like to state that property owners in the area were notified of the intent of his client. Letters were sent to Porters, Eldridge, Ausfahl, B. Garrett, and McDermott. These names were obtained from the Department of Community Development, and letters were sent; no replies were received. Mr. Stohn suggested that the applicant develop the site for residential purposes and live there. He stated that the neighborhood would welcome him, • I • • ...... ( • • • .. -13- Pierson moved: Parker seconded: The Public Hearing on Case #8-78 be closed. AYES: Parker, Pierson, Smith, Tanguma, Draper, Lathrop, Owens, McClintock NAYS: None ABSENT: Williams The motion carried. Mr. Owens declared a break of the Commission at 8:45 P .M. The meeting reconvened at 9:05 P.M. with the following members present: Smith, Tanguma, Draper, Lathrop, McClintock, Owens, Parker, Pierson. Absent: Mr . Williams. Mr. Owens asked the pleasure of the Commission on the matter of the zoning designation? Pierson moved : McClintock seconded: The Planning Commission recommend to City Council that the property at 1470 West Tufts Avenue, upon annexation to the City of Englewood, be zoned I-1, Light Industrial, for the following reasons: 1 . The I-1, Light Industrial Zone District, would be an ex- tension of the I-1 Zone Classification which has been applied to lands within the City of Englewood, which lands adjoin the subject area and are adjacent to the subject area to the southwest. 2. Because of its proximity to existing industrial develop- ment, major railway lines and South Santa Fe Drive, the subject area does not lend itself to further residential development. 3. That the proposed I-1 Zone classification will conform to the Generalized Land Use Plan for that area as set forth in the City's Comprehensive Plan . The Commission further recommends that the following conditions be placed on this zoning: 1 . No Building Permit shall be issued for the construction or installation of any building or structure on the subject property or any portion thereof except in conformance with a Development Plan which has been approved and recorded in compliance with §22.4A of the Comprehensive Zoning Ordinance. 2. There shall be a minimum setback of 25 feet from the west property line of Lot 12, Bell Isle Gardens Subdivision, Arapahoe County, Colorado, which Lot is identified by street address as 1460 West Tufts Avenue. 3 . The east boundary of the subject property shall be screened as approve d by a recorded Development Plan. • • I • • • • -14- 4. No entrance, exit or loading dock shall be permitted on the east side of any building which is constructed on the subject property; nor shall any parking, storage of equipment, materials or trash, or access other than for emergency vehicles be permitted in the area east of said buildings . 5. The maximum height of any structure or building shall not exceed 25 feet above the natural grade of the site. 6. All outside storage on the subject property shall be en- closed by a solid fence or wall not less than six (6) nor more than eight (8) feet in height, all trash collection centers shall be of a covered type and no outside storage shall create litter, be a fire or health hazard or create any other form of public nuisance. 7. Lighting facilities on the property or on any building or structure located on the subject property, shall be so arranged that they will neither shine nor be reflected on the adjacent residential properties. Mrs. Pierson stated that even though she made this motion, sre has not reached a decision on the matter . If this I-1 Zone classification is granted, she felt that the requirement for development by the Planned Development process should not be waived . She noted that the property is bounded on the south and southwest by industrial zoning and development, but at the same time, there is good residential stock in the neigh- borhood . Mr. Smith stated that he would recommend that the matter be denied . He stated that he supported the rezoning at 1451 West Tufts Avenue with conditions, believing that with the topo- graphy of the land, there would be no impact on the residential land adjacent to it . He stated that he would vote against this motion. Mr. Smith made reference to the existing land use map of the site, and pointed out that it is residentially zoned and developed on three sides. Mr. Smith stated that by approving this zoning designation, it would be imposing an industrial classification between two residential uses. He stated that the new residential construction that is proposed on South Mariposa Drive may give some encouragement to further residential development. Mr. Smith stated that he did not agree that the "domino theory" applies in this instance if the land were to be designated for I-1 ; but he also feels that if the property is annexed to the City, that the north one-half of the property should be zoned something other than for industrial development. He did agree that the I-1, Light Industrial zone designation was proper for the south one-half of the site. He felt that even with conditions imposed on the industrial zoning, it would be wrong to impose the I-1 on the entire site. He felt that the Commission is h re to serve the desires of the community as well as to consider the economic and development trends of an area. He pointed out that the residents who have spoken • ) I • • • • • - -15- this evening ar e t h e one s living in a n d suppor ting this area. Mr . Smith stated that he would urge the Commission to deny the 1-1 Zone classification, and consider another classification that is more "realistic." Mrs. Pierson asked if the zoning on the property could be split --one-half to a residential classification, and one- half to industrial? Mrs. Romans stated that there would have to be public hearings on any residential classification. Mr . Parker stated that he would vote against the motion for th e reasons outlined by Mr . Smith, and in addition, because he feels that Englewood has too much land zoned for 1-1, Light Industrial , at the present time. Mr. Tanguma stated that he would vote against the motion, and would urge the Planning Commission to recommend a split z oning on the property. Mrs. Pierson stated that she isn't sure that it has been shown this area isn't salvagable for residential development. I f the 1-1 Zone classification were to be approved, ·~e mig ht cause the irreversible process" that would preclude f urther residential development. Mrs. Pierson stated that she could not support the 1-1 Zone District for the entire parcel . Mr . Owens stated that the residential property owners have lived in this area for many years and want to continue their residency here; however, Mr. Bovenzi has the right t o make use of his property. Mr . Owens stated that he would support the proposal to split the zoning on the property, and would en- courage the applicant to find a way to d e velop the south one- half of the site for industrial purposes . Mr. Owens stated tha t the Commission is not trying to discourage development, but tha t t here are reside nts of the area who mu st be protected . Mr . Owens s t a t ed t h a t he fel t i f t h e e n tir e s ite we r e t o be z o ne d f or i ndus tr i al deve lo p me n t, it wo u l d have c o nsi d e r ab l e i mpact o n the neig h b o r hood . The vote o n Mrs. Pierson's motion was cal l ed: AYES : None NAYS: Draper, Lathrop, McClintock, Owens, P arker, Pierson, Smith, Tanguma ABSENT : Wi l liam s The mo tion f a i l ed . Discussion e n sue d. Mrs. Pierso n s u ggeste d the possibility of the applicant giving the no rth 1 00 feet o f t h e site t o the Ci ty for a mini-park in exchange f o r indu str ia l z on i n g on the re- mainder . Mr . Vondy stated that this wo uld have to be c onsidered, and questio n ed that the City wo uld want the expense of maintaining a park in this n eighbo rhood . Further d iscu ssio n ens u ed • • I • • • • • • -16- Mr . Tanguma asked if another public hearing would be required if the split zoning were recommended? Mrs. Romans stated that she would assume the City Attorney's office would require another public hearing. She did point out that the Findings of Fact could show that the Commission did consider the matter of split zoning on the site. Mr. Smith asked if it would be in order to make a motion that the Commission send a communication to City Council with the vote stating that it seems apparent the Planning and Zoning Commission would approve a split zoning on the site, the north 125 feet being residential and the south 125 feet being in- dustrial, with the possibility of another Public Hearing if the applicant agrees with the zone change. Mr. OWens stated that he felt this could be handled in the Findings of Fact . Smith moved: Draper seconded: That the Findings of Fact on Case #8-78 shall include the fact that the Planning Commission did favorably consider the 125 feet north of West Thomas Avenue to be zoned I-1, Light Industrial, but that the Commission did not favorably recommend the 125 foot frontage on West Tufts Avenue for I-1 Zoning. The Commission did feel that this 125 foot depth on West Tufts Avenue should be zoned to a residential classification to be compatible with the surrounding area. The I-1 Zoning was considered subject to the conditions set forth in the staff report addendum, with the exclusion of Condition #2. Mr. Parker stated that he still could not vote for this motion; he still considers the imposition of any light industrial onto this property as "spot zoning". Mrs. Pierson disagreed that it is spot zoning, but felt that the split zoning would give the applicant reasonable use of his property, and takes into consideration the residential and industrial character of the neighborhood. Mr. Lathrop stated that he felt the split zoning on this property would protect the interests of the residential community, and would meet the desires of the property owner by zoning the south one-half of the site for industrial zoning . It was pointed out that the division between the residential and industrial zoning as proposed, would go through the house which is now on the property . The vote was called: AYES : Draper, Lathrop, McClintock, Owens, Pierson, Smith, Tanguma NAYS: Parker ABSENT : Williams The motion carried . • I • • • .. -17- Pierson moved: Smith seconded: The Planning Commission initiate the zoning of the north 125 feet of 1470 West Tufts Avenue to R-1-C, Single-family Residence, the Public Hearing to b e held on July 25, 1978, at 7:00 P .M. AYES: Lathrop, McClintock, Owens, Parker, Pierson, Smith, Tanguma, Draper NAYS: None ABSENT: Williams The motion carried. Mr. Owens thanked members of the audience for their attendance. IV. SUBDIVISION WAIVER Penner Building Systems CASE #7-78A June 20, 1978 Mr. Owens asked if there was additional information available on this matter. Mrs. Romans stated that the applicant is present . This matter was considered at the last meeting, and was postponed because there were some items the Director of Engineering Services wanted to check out. Mrs. Romans stated that Mr . Penner of Penner Building Systems, has an option to purchase the property, and final plans on the proposed division of property cannot be drawn until Mr. Penner is assured of what he can do on the property should he exercise the option to purchase. The City is now taking the position that plans on this proposed division of the property can be approved, but will not be recorded until they are presented in final detail. Mrs. Romans stated that the applicant, Mr. Penner, has made whatever changes have been requested of him thus far. A new site plan and drainage plan were submitted by Mr . Penner, and they have been reviewed and approved by Director of Engineering Services Diede . One question was raised on the drainage plan, but it is felt that this can be solved, and need not further delay preliminary action by the Commission. There was also a question on the turning radius at one point in the fire lane, and the latest plan shows the turning radius and easement as required by the Fire Department. The roadway of the cul-de-sac is still shown as 40 feet, and the Director of Engineering Services has said that he would recommend acceptance of the 40 foot roadway by the City Council, and sees no problem . Mrs. Romans stated that the staff would recommend that the Commission give approval to the preliminary plan presented by Mr . Penner. This plan would not be recorded until Mr . Penner has completed purchase of the property, and has submitted a detailed site plan and drainage plan . Discussion ensued . • I • - • • • - -18- Mr. Owens asked if Mr. Penner would like to add anything to Mrs. Romans' presentation? Mr . Penner stated that he had no further comments. Smith moved: Draper seconded: The Planning Commission approve the Sub- division Waiver requested by Penner Building Systems for Lot 7, Block 2, Tejon Industrial Park, with the understanding that the plans will not be filed and recorded until the Final Plans are submitted following purchase of the land by Mr. Penner. AYES: Owens, Parker, Pierson, Smith, Tanguma, Draper, Lathrop NAYS: None ABSTAIN: McClintock ABSENT: Williams The motion carried. V. VISITORS No one was present to address the Commission. VI . DIRECTOR'S CHOICE Mrs. Romans reminded the Commission of the special work session at 6:00P.M. on July 11th to review the reports of the Compre- hensive Plan Review Committees . The Commission will meet at 5 :00 P M. on July 18th with members of the Swedish Medical Center administration. This will be a dinner meeting and discussion session. On July 25, 7:00P.M., there will be Public Hearings on zoning designation for 1470 West Tufts Avenue. Mrs. Romans reviewed the annexation and zoning history of this area, and noted that there had been several different attempts to have this area annexed to the City of Englewood and zoned. The initial zoning designation for this area proposed an 1-1, Light Industrial classification for the entire area; the third attempt at zoning this area following annexation did, indeed, propose single- family residence classification on those properties fronting on West Tufts Avenue . Mrs. Romans stated that the staff has been notified that the Thurman property on the north side of West Tufts Avenue will petition the City for annexation, and will request an 1-1, Light Industrial Zone classification upon annexation. Mrs. Romans stated that there have been inquiries from property owners on South Mariposa Drive regarding annexation, and that both these property owners have been told the staff will recommend a Single-family Residence classification for their property . Mrs . Romans reminded members of the RTD work shop on July 22nd, at 8 :30 A.M. • I • • ( • • • -19- VI . COMMISSION'S CHOICE Mr. Smith moved: The meeting be adjourned. The motion was seconded and carried ; meeting adjourned at 10:00 P.M. • I • • ( • • • .. ENGLEWOOD PUBLIC LIBRARY BOARD MINUTES Special Meeting July 5, 1978 The Englewood Publ ic Library Board met for a special meeting on July 5, 1978, in Conference Room B of City Hall. Present: Beaver, Bennett, Bus ch, Cl ayton, Lighthall, and Mueller. Absent: Cl oug hesy, Sh a ttuck, and Sterling. Also Present: Harriet Lute, Director Eileen Browne, Recording Secretary. After a tour of the new expansion area the meeting was called to order at 7:55 p.m. A quorum was declared present and Sue Mueller, presiding, called the mee ting to order. Glenna Bennett moved to ap prove the minutes of the Sp e c ial Meeting on June 6, 1978 , as recorded; second ed by Loi s Lighthall; the motion carried. Miss Lute distributed copies of the proposed Library Board Budget for 1979. Miss Lute ex plained that the $1,1 59 for salarie s for this year was to Et he l Alice Altenbach for supervising the cataloging of the Englewood newspapers. All local history pro jects come out of Library Board funds not Library funds. The total budget reque st for 1979 is $3,355 .00 which represents only a slight increase over 19 78. Lois Lighthall moved to accept the Li brary Board Bu dget as submitted by the Director ; seconded by Merlyn Beaver; the motion carried. Miss Lute stated that the Library Budget Request for 1979 was practically completed. This is to be a status quo budget -which represents a 5-6% increase over last year due to the fact that most of the staff is at the F step. The Supplemental budget is due next week. She said that she and the Director of Finance have not yet been able to meet for a discussion of the Gaylord proposal. A meeting is scheduled for this coming Friday. The Gaylord System seems to be a very good system particularly for e library of Englewood's size. Miss Lute stated that she had been trying to find out what the other libraries in the area ere planning to do. It now looks as though Denver, Jeffco, Aurora and Boulder ere leaning toward Dataphase, but they may not be on-line for about five years. • I • • ....... • • • .. - 2 - There are some real advantages to the Gaylord System. The contract can be terminated after the first two years and at the end of any year after that. The programs are written by Gaylord's programmers and the system can be operated by our staff members. Also , with the Gaylord System we do not have to buy our own computer as we would have to with the other systems. The library in Manhattan, Kansas, went through all the struggles and growing pains with Gaylord as they had expected since they were one of the first installations. Bolingbrooke, Illinois, on the other hand, had no particular problems getting started. Glenna Bennett i nqu ired about the security of the mini computer as far as sabotage was concerned. Miss Lute explained that all of the data was retained in the main computer and in the event of an accident or sabotage only one days transactions could be lost from the mini computer. Sue Mueller asked about the length of time for conversion. The Director stated that little time would be required to convert the shelf list since it is already machine readable. The bar codes could be applied to the books in approximately two and a half days. She estimated that the system could be fully operational in about six months. Both Sue Mueller and Harriet Lute gave brief reports on the various confer- ences, workshops and other functions that they had attended at the American Library Association in Chicago, Illinois. Librarian's Report: Due to the early date of this meeting and the secretary's vacation, the June Statistical Report is not quite c omplete. The Library circulation was down about 1,400 in June while the Bookmobile did better. Summer Story Hours have gotten off to a good start while the Vacation Reading Program got off to an unusually good start. To date 263 children have completed the program as compared with 180 at this time last year. Pool passes which are being given to the children when they complete the program seem to be the incentive for the increased interest by the children. These passes are being given to the children through the cooperation of the Parks and Recreation Department. M1ss Kelley's reports were distributed to the Board . The Director distributed copies of Adeline Czarny's report on "See How We Run Week" and stated that Adeline would like to take a couple of days each summer to visit different areas of the city. The Bookmobile needs major repairs. At present the Bookmobile is scheduled to be put into the Service Center for about three weeks at the end of December to have a new motor installed. There being no further busine ss the meeting was adjourned at 9:05 p.m. • D I • • • • • • ELECTION COMMISSION Minutes July 13, 1978 The Election Commission meeting was called to order at 5:10p .m. July 13, 1978. P r esent: Barbara Burget Betty Keena William James Absent : None. Also Present : City Attorney Berardini Eric Johannisson The Board heard a presentation by City Attorney Berardini relating to the proposed special election to be held on September 19, 1978. The election is being held to determine whether a Downtown Development Authority will be created with powers to levy an ad valem tax on properties included in the district. Various aspects of the voting procedure were discussed. The Con~ission was informed the cities of Fort Collins, Grand Junction, and Delta have had elections for this pur- pose during the past year. Bill James said his office would contact these cities a nd see what information we can obtain from them about their elections. Of special interest is the af fi davit used by the electors. Another Commission meeting was scheduled for July 26, 1978 (Thursday) 7 :00p.m. in Bil l James's office. Meeting was adjourned at 5:45 p.m. • I • • ( • • • - F TO: FROM: City Manager;("f.Cojt, RichardS. ~~~Director '' of Community Development DATE: July 13, 1978 SUBJECT: 1470 West Tufts Annexation/Navajo Street Extension The property at 1470 West Tufts Avenue meets all of the statutory requirements for annexation to the City of Englewood, All rel- evant City Departments have been contacted and there are no ob- jections, Police, Fire and Utility services can be extended without any problem, If the City Council decides to annex, 20 fe.et of right-of-way for the eventual widening of West Tufts Avenue will be required from the north side of the property, This dedication should b e made a condition of annexation, Before approval of this annexation, however, a deci sion should be reached concerning the future extension of South Navajo Street D in this area. Navajo extended cuts right through the middle of this property. If this plan is continued, permitting annexa- tion and z oning with the c onstruction of a new building would only add to future costs. The remainder of this report presents several optional proposals for Navajo/Tufts/Union. The decision on whether to annex or not rests largely on the option chosen. NAVAJ O OPTIONS, The amended Master Street Plan projects the extension of South Navajo Street as an Arter ia l between West Tufts Avenue and West Quincy Avenue. This route would be an alternative to South Windermere Street, inasmuch as there appears to be no feasible way to extend Windermere betw ee n Oxford and Quincy. In the long-range plan for traffic circulation in the Tufts- Navajo-Windermere area, it had been proposed that South Navajo Street be extended south of West Tufts Avenue to West Thomas Avenue, which alignment would then be extended west to tie in- to West Union Avenue on the west side of South Santa Fe Drive. Were this plan to be implemented, the right-of-way would go through the property which is the subject of the annexation petition. • I • ( • • • • -2- The purpose behind this proposal was two-fold: first, it would eliminate the off-set intersection at Tufts/Union and Santa Fe. Second, it would provide a north-south route for industrial traffic and "through'! traffic from the City of Littleton north to West Kenyon Avenue, using the Windermere- Navajo alignment rather than causing the traffic to divert to South Lipan Street which is in a single-family residence area, between West Quincy Avenue and West Oxford Avenue. If the option to implement this long-range traffic pattern is to remain open, it would not appear to be to the best interest of either the property owner who has requested annexation to Englewood, or to the City to annex this property, and to zone it for the development proposed by the applicant. The Director of Public Works, the Director of Engineering Services and I have discussed this matter and find that there are several options which the City Council may wish to consider before they finalize action on the annexation petition. PROPOSAL NO. 1. If the City's primary goal is to reduce the potential for train-vehicle accidents at the Tufts crossings and to provide a route for north/south industrial traffic between West Belle- view Avenue and West Kenyon Avenue, which will not infringe on residential streets, the plan which was considered in 1975 should be retained. II l ~ . -- • D I • • ( • • • .. -3- In this option, there would be a transition from South Windermere Street to South Navajo Street at Oxford, and South Navajo Street would be extended from West Oxford Avenue to an extended West Union Avenue on the south. There would be a transition, then, back to South Winder mere south of West Union Avenue. Union would be extended to the east across South Santa Fe Drive to tie into the extended South Navajo Street. The West Tufts Avenue crossing would be closed and the Santa Fe/Union interse ction could be signalized and crossing pro- tection provided. It is unlikely that we would be able to move the crossing from Tufts south to the extended Union un- less the intersection were signalized. Reasons for Implementing Proposal No. 1: a. By eliminating the off-set in the Tufts/Union/Santa Fe intersection, motorists would have a direct movement from east to west and visibility would be improved. The crossing would be safer. b. · Industrial traffic would not be forced to use a residential street, South Lipan Street, between Oxford and Quincy. c. The Windermere/Navajo route would be more direct between Kenyon and Belleview if this plan were implemented; there would be fewer turns for large trucks to maneuver. d. It would be easier and cheaper to signalize the Union- Santa Fe intersection if this plan were implemented and the Santa Fe traffic flow would be disrupted less if the signal did not have to accommodate the off-set. e. If South Navajo Street were extended south of West Tufts Avenue, it would serve as an effective division between the single-family residence to the east on the south side of Tufts and the projected industrial area on the west. f. The Union/Navajo alignment could provide an alternate route for the Belleview/Santa Fe traffic during the racing season. g. Industrial land which is now virtually land-locked would have access. Re asons for not Implementing Proposal No. 1: a. It would be very expensive to purchase the right-of-way necessary to implement this plan. b. The owners of some industrial sites would not be able to use all or a portion of their land because it would be needed for right-of-way. c. It could be a number of years before all of the right-of- way is acquired, and in the meantime, we would have to decide whether we want to let people build on their land • I • • - • { • • • a nd use it until the street can be keep people from using their land. building, we would eventually have it. -4- put through, or try to I f they construct a to turn around and buy d. No one knows fo r sure what volume of traffic would use this route --with the proposed improvements to South Santa Fe Drive, this route may have a low demand placed on it and one of the other alternatives may be able to handle the local industrial traffic as efficiently, PROPOSAL NO, 2 , This proposal would still provide for the improvement of the Tufts/Union/Santa Fe intersection by eliminating the off-set between Union and Tufts, but would utilize Windermere and Tufts to connect to South Navajo Street north of Tufts • • • I • • • • .. -5- In this proposal, South Windermere S t reet would serve as an Arterial from West Ke nyon Avenue to Oxford where it would make a transition east to South Navajo Street. South Navajo Street would extend south to West Tufts Avenue and the route would then utilize Tufts to Windermere and Windermere to an extension of We st Union Avenue across Santa Fe, or, of course, on south to Littleton. The Tufts crossing would be closed, and a smooth turning radius would be designed at Navajo and Tufts, at Tufts and Windermere, and at Windermere and Union. The Union/Santa Fe intersection should be signalized with crossing protec tion. Reasons for Implementing Proposal No. 2: a. The dangerous Tufts/Union/Santa Fe intersection would be improved and the hazards of using this crossing reduced. Several people have been killed at this intersection --- how does one de t ermine the cost/benefit when lives, or even one life, is involved? b. ·This option would be somewhat cheaper than Proposal No. 1, because the additional right-of-way for Navajo would not be needed between Tufts and Thomas. Some additional right- of-way would be nee ded on Tufts, 20 feet to make a 60 foot right-of-way, and Windermere would have to be widened to 60 feet. In order to smooth out the turning movements, some property would be needed to provide a maneuverable turning radius at the corners of Union and Windermere, Windermere and Tufts, and Tufts and Navajo. This should not be as expensive as in Option #1, however. c. The industrial traffic would be kept in the industrial area between Oxford and Quincy. Reasons for not Implementing Proposal No. 2· a. Some right-of-way would still have to be purchased for the extension of Navajo between Oxford and Tufts, the extension of Union across South Santa Fe to Windermere, and the turning radii on Tufts and on Windermere at Union. b. The route would not have the advantage of the smoother traffic flow that could be realized in Proposal No. 1. PROPOSAL NO. 3. This proposal is a compromise, incorporating the extension of South Navajo Street between Oxford and Tufts and leaving the off-set in the Tufts/Union/Santa Fe intersection. • ' I • • - • • • • ""'""" - ._ 1:==3-. - -6- Again, Windermere would serve as an Arterial from Kenyon to Oxford, making a transition to Navaj o between Oxford and Tufts. Tufts would be widened to 60 feet, an additional 20 feet of right-of-way would be necessary, and the Tufts/Union/Santa Fe intersection would be signalized. Reasons for Implementing this Option: a. The industrial traffic would be confined to the industri~ area between Tufts and Oxford. b. It would be less expensive than Proposals #1 and #2. c. The Tufts/Union/Santa Fe intersection would be signalized and this would be preferable to an unsignali zed inter- section. Reasons for not Implementing this Opt ion: a. The hazardous off-set Tufts/Union/Santa Fe crossing would remain. b. The traffic movement would not be as smooth and therefore motorists would not be encourage d to use this route. • I • • • • • • PROPOSAL NO. 4. For several years, the City has suggested that a grade Santa by included, at this part of, the provement. li__ """""' .... • PROPOSAL4 • ~ 'Salt ~ . -- -7- separation Fe im- This proposal would be identical to Proposal No. 1 except there would be a grade separation at Union and Santa Fe rather than an at-grade crossing. Reasons for Implementing this Proposal: a. The conflict between the train and vehicle traffic would be eliminated. b. The industrial traffic would be confined to the industrial area. Reasons Against this Proposal: a. The cost to implement this proposal would be somewhat excessive. b. It is unlikely that it would be approved by the Highway Department and other approving agencies • • I • • - • • • • • • -8- PROPOSAL NO. 5. With this proposal, Navajo would not be extended between Oxford and Tufts. The traffic pattern would remain the same as it is now. The Tufts/Union/Santa Fe intersection would be signalized and crossing protection provided, which installation is under- way. The right-of-way for both South Windermere Street and West Tufts Avenue should be widened to sixty feet and the roadways improved. I I -· L -- -------[I . . .... _., -".! I ,..,1 n.~ : ;) :-----1 I o!'' 1 1 I S<;>• ... ~~--J l DQDUI) I lm l ~ ' il -.--_L,... ;:_:t~ ~--~-===, m. ~11 !'!;~1 : \ 'J . ! ·~· I • II' __L' l ?1 1 \ . --•• "k<.""AU.al{\ ' i f i &laEwtXD--\ ' \ ' I I l --_____ _._, PROPOSAL5 Reasons for Implementing this Proposal: a. Traffic flow would be somewhat improved if both Tufts and Windermere were to be constructed as a 44 foot roadway. b. The cost would be minimal. Reasons for not Implementing this Proposal: a. The hazardous Tufts /Union/Santa Fe intersection remains. b. The industrial traffic will be forced to use a residential street between Oxford and Quincy • \ I • • • • • • -9-. c. The traffic circulation west of South Santa Fe Drive would continue to be impeded. Obviously, there are still other options such as constructing Navajo between Ox f o r d and Quincy and leaving Windermere as it is, or closing the Tufts crossing and providing no alternate crossing. It would hardly seem feasible to construct Navajo only between Oxford and Quincy and citizens may object to having no access to Santa Fe between Belleview and Quincy. The specific decision that should be made before action is taken on the 1470 West Tufts Avenue annexation, is whether or not the long-range plans of the City are to extend South Navajo Street south of West Tufts Avenue through the subject property. Whether or not a sound decision can be made on this matter independently of the consideration of the traffic pattern north of West Tufts Avenue and the Tufts/Union/Santa Fe inter- section, must be determined. The most efficient traffic pattern can be implemented through Proposal No. 1. Proposals 2 and 3 would be significantly better than the existing pattern. • I • • • • • • • -10- ADDENDUM Because of the num ber of accidents and fatalities at the Tufts crossing, the City has tried on several occasions to modify that intersection. Because some of the people may not be familiar with the previous attempts, a resume' of these actions is provided: BACKGROUND, Over the years there have been many vehicle-train accidents at the intersection of West Tufts Avenue with the railway crossings east of South Santa Fe Drive, the worst was in the 1950's when ten membe rs of a Kansas family were killed. Following a fatality at that same crossing in 1965, Englewood officials held a series of meetings with Littleton and Arapahoe County officials, repre- sentatives of the Highway Department, the Denver and Rio Grande Railway Company, the Santa Fe Railway Company, and the Public Utilities Commission, to see if these entities could work to- gether to eliminate or at least reduce the hazards at this intersection, Windermere, actually at that time sections of it were designated as South Pecos Street, did not go through between West Tufts Avenue and West Belleview Avenue, and the City was working with Littleton to open Windermere to the south of the Englewood City Limits, which were at approximately West Thomas Avenue. Engle- wood was also exploring the possibility of using rail right-of- way to extend Pecos --or Windermere --between Oxford and Quincy in order that the north/south route could be opened up from West Belleview Avenue to West Kenyon Avenue. The improve- ment of the Tufts/Union intersection was an integral part of these discussions and, following the 1965 fatality, became the focal point of the discussions. Englewood had just completed the construction of the bridge over the South Platte River at West Union Avenue, and it was obvious that the Tufts/Union intersection was going to pick up considerable traffic with Union finally open between Santa Fe and Federal, It was also anticipated that much of the traffic using that intersection to go east of Santa Fe would use Windermere both north and south of Tufts if it were open. The first meeting of the aforementioned persons was on January 3, 1966, in the Englewood City Hall, and Englewood sponsored all of the meetings. At this meeting, Englewood and the County leaned toward extending Union across Santa Fe and closing the crossing on Tufts. The P.U.C. representative wanted the crossing closed altogether and the D and R G representative said if it could not be closed, the off-set should be eliminated. The Santa Fe representative suggested a grade separation and discussed the possibility of using some of their right-of-way for a "frontage" road between Tufts and Oxford • • I • • • • • • -ll- On Ja nua ry 5, 1966, the Planning Commission recommended that West Uni on Avenue be extended east across Santa Fe to tie in- to Windermere, and that the intersection with Santa Fe be signalized and the Tufts crossing closed. An Origin-Destination survey was taken on January 18, 1966 , and a majority of the 379 respondents were were from Englewood and were using the intersection five days a week to go to work some place in Englewood. Another meeting was held on March 11, 1966, and no progress was made. Both railway companies and the P.U.C. wanted to close the Tufts crossing, the Kenyon crossing, and possibly the crossing at Quincy. In April, the Chamber of Commerce Industrial Committee went on record as favoring the extension of Union to the east, and on June 15, 1966, the Chamber of Commerce Board of Directors opposed the closing of the crossings at Quincy and at Tufts- Union and recommended that Union be extended to the east to tie into Windermere. In December of 1966, it was estimated that it would cost $48,740 to purchase the land to extend Union east of Santa Fe, pave the 24-foot roadway with an 8 inch base, and 3 inches of black- top and to signali ze the intersection. By April of 1967, the P.U.C. representative was saying the City and the County couldn't do anything unless the two rail- way companies and the Highway Department concurred and the City Manager proceeded to try and obtain their concurrence. The Englewood Traffic Engineer worked up specifications for a signalized intersection at an estimated $11,500; the Highway Department estimated a mast arm installation at $9,800, and the D and R G Railroad Company estimated it would cost $50,000. The concurrence from the railways and the Highway Department was not received. In June of 1967, the Englewood City Council voted to pay 50% of the right-of-way cost plus 10% if the County would buy the property to extend Union to the east. This was logical because the land needed for the extension was not in the City. The group met for the last time on November 8, 1967, supposedly to discuss design and cost. The representative from the Public Utilities Commi s sion and the railway companies, however, announced that they wanted both the Tufts and Kenyon crossings closed and that the City and the County could not relocate the crossing from the Tufts to the Union alignment without their permission. They added that they would not participate in the cost of the installation of the signals. The County Engineer suggested that we extend Union across to get a four-way inter- section instead of the off-set and not signalize it. Again, the man from the P.u.c. said that there was no way that we could get permission to move the crossing unless the inter- section were to b signalized. The group broke up to "digest" • I • • • • • • -12- the fa ctors that had been presented. They did not meet again. The County installed stop signs at the tra cks on Tufts • The City continued to look for a way to carry traffic between Kenyon and Belleview east of South Santa Fe Drive and finally determined that there was no way to extend South Winde r mere Street between Oxford and Quincy. When the idea of Windermere was abandoned through that stretch, the possibility of mo vi ng east t o South Navajo Street betw ee n Oxford and Quincy was raised. The City officials were of the opinion that part o f the Navajo right-of-way was available and as development came in both north and south of Quincy, the City requested that buildings not be located within the area that would be neede d to extend Navajo between Oxford and Tufts. When the Santa Fe/Union area was annexed to the City in 1975, several alternative street plans were proposed for that area and these were tied into the City's Master Street Plan. A Public Hearing was held on May 20, 1975, to consider the street plan proposed for the annexation area. D Propos td StiWII , location I UNIONJV:I..:==~====~~~~~~ PROPOSED AMENDMENT TO THE ENGLEWoOD • COLORADO COMPREHENSIVE THOSE ROUTES PLAN • MASTER STREET PLAN SECTION & BY ADDING SHOWN HEREON .. 4121111 I • • • • • • • • -13- At the direction of the Planning Commission, the staff met with people in the area on June 11, 1975, to continue the dis- cussion. The extension of the South Navajo Street alignment south of Tufts and tiei ng in with the extension o 'f Union across Santa Fe on West Thomas Avenue was part of this proposal. At that time, the ex te nsion of Navajo to the south of Tufts would have been accomplished by an easy transition across what is now the Bovenzi and the Porter property. On June 17, 1975, the trial court rendered a decision turning down Englewood's annexation of the Santa Fe/Union area, and on August 4, 1975, the City Council directed the City Attorney to drop his action to appeal the decision. Upon the recommendation of the Planning Commission, the amen~ ments to the Master Street Plan were made by the City Council in Resolution No. 39 of 1975, including the designation of South Navajo Street as an arterial between Oxford and Tufts. The amendments did not include the streets in the disconnected area. In December of 1977, the Director of Engineering Services sought direction from the City Council as to how they would like to proceed with the right-of-way acquisition for the Navajo Street alignment between Oxford and Tufts in order that the street construction could be scheduled in future paving districts. On December 19, 1977, the City Council voted to delete the Navajo extension from Paving District No. 25 • The matter is raised at this time because of the possibility of extending South Navajo Street south of West Tufts Avenue through the property which is the subject of an annexation request. • I . • TO a Andy McCown, City Manager • • • II:TE~.OFHCE W.!:.I.~O~lOUh\ or..TE: December 6, 1977 Fr.ot.\: Gary Diede RIGHT-OF-WAY ACQUISI TION FOR ~ULJL=ta NAVA JO STREET AND TUFTS AVENUE • In Resolution #39 of the 1975 Series, the City Council amended the "Master Street Plan" designating Navajo Street alignment between Oxford and Tufts as the arterial street instead of Wind e rmere. We are presently working on plans t o design Navajo since t here is no exist- ing s treet. At this point, we need s ome dire ction from the City Council as to how they would like to proceed with the right-of-way acquisition in order to schedule the str~e t construction ,~~ future paving districts. In our next paving district (#25) we have proposed to City Council that Navajo be constructed from Oxford to Quincy. In order to accomplish this, several things must be done first: (1) City must purchase right-of-way from West Qu incy Corp. and Eve Manufacturing, possibly by condemnation. (2) City must install sanitary sewer line in Navajo to provide sewer service fo r existing and future development. It is estimated that the right-of-way will cost about $30,000-$35,000, not including any damages t o the properties. It is my feeling that we shou ld have a certified appraisal made in order to d eterm ine the exte nt of those possible damages. Furthermore, we will have to make purchase offers to the property owners to find out whether they are receptive or if we will have to resort to condemna tion. The Utilities Department will have to schedule and install an eight-inch sanita ry sewer line prior to building the street in the District estimated to begin in late June, 1978. Below is a summary of the estimated costs of acquiring certain portions of right-of-way to construct Navajo and Tufts: NAVAJO STREET Windermere to Tufts -60-foot right-of-way tot~l width ------------------------------------$320,000* • Cost for right-of-way along West Quincy Corp. and Eve Manufacturing is ~ included in this figure. Tufts to Santa Fe (Union alignment) 60-foot right-of-way total width--------------------------137,600 • -- I • • n • • • • • Andy McCown, City Ma~ager -2-December 6, 1977 TUFTS AVENUE Mariposa Drive to Santa Fe -60-foot right-of- way total width ----------------------·-----------$ 39,000 Total Right-of-Wa y Costs ------------------------$496,600 The attached map shows the alignments proposed on Navajo 'and Tufts, and particularly, the following structures that would have to be removed: · (1) Wahl -welding garage (2) Angle -greenhouse (3) Renaud,· Inc. -cinderblock building (4) Bevenzi -house and garage (5) Thomas Plating Co., Inc. -basement house and outbuildings ~~;;~ Direc~;·of Engineering Services GRD/ldo cs: Kells Waggoner, Public Works Director Rich Wa.nush, Community Development Director Bill James, Finance Director • I • • - • • • • • • MEMORANDUM TO: Mayor and Members of City Council FROM: Andy McCown, City Manager DATE: July 26, 1978 SUBJECT: MANAGER/FIRE CHIEF LEADERSHIP WORKSHOP Last week Chief Gerald A. Beeson and I had the opportunity to attend the Manager/Fire Chief Leadership Workshop in Seattle , Washington. This workshop was co-sponsored by the International City Management Association (ICMA) and the National Science Foundation. The workshop was very similiar to the one attended by Police Chief Holmes and myself several years ago when Chief Holmes was new to his position. We have found it helpful over the years and I am sure this one will prove equally so. The main focus of the workshop was on getting to know and understand each other better in order to maximize our efficiency and effectiveness both as a team and as individuals. The first day was spent in assess- ing our individual strengths and learning how to put the two together for maximum benefit. The second day wa s the most interesting as we spent quite a bit of time talking to each other, under controlled circumstances, about our likes, dislikes, management styles, goals, etc. This all pointed up to the climax which was the negotiation of a contract between the two of us designed to make us more effective in our jobs. That con- tract covered three basic areas: (1) what each wanted the other to do mor e of; (2) less of; and (3) continuation of what we are currently doing. As an interesting sidelight, we apparently got out of Seattle just in time. The restaurant workers were getting ready to strike and a few had already gone on strike when we left. The State of Washington was also abuzz with their version of the Palmer Burch bill. Both Chief Bee s on and I thank you for the opportunity to attend this conference. Sincerely, a .t G£ ,C{/Y'-ANDttlc6~l City Manager ph cc: Chief Gerald A. Beeson, Fire Department • I • • ...... • • • • .. ENG LEW OOD WATER AND SEWER BOARD Regular Meet i ng July 18 , 1978 The meeting was called to order at 5:05 P.M. by Chairman Gibson. Members present : Gibson, Best, Ullery, Feamster, Witthus Members absent: Mann, Harper, Taylor Also present: Stewart H. Fonda, Director of Utilities I. SALE OF UTILITY EASEMENT AT OVERHEAD RESERVOIR Mr. Taylor arrived at 5:10 P.M. An appraisal of the strip of land has been prepared by 8a ugha r and As soc i ates and they indicate the market value of this st r ip of l and t o be $45 0.00. There was discussi on as t o t he s ale of l and to anothe r city and the value connected with the land with the utility easeme nt . It was not ed that the strip of land continues no rth for anoth er 250 to 300 feet wi th the same utility easement. It was al so not ed that the City cannot fence any of the easeme nt and could be held liable for inj ur ies i ncurred on this land . Mr . Fo nda stated the entire strip of land is of no present or future use to th e City. Mr. Best moved; Mr. Witthus seconded : That the Board recommend to the City Co uncil to give the entire strip of land bordering the east side of the Overhead Reservoirs to the City of Greenwood Village as a measure of goodwill . • I • • • • • • • -3- V. FIELD TRIP FOR RANCH CREEK The date of Septembe r 23, 1978 has been reserved for the Board members and their spouces to visit the Cabin Meadow Creek Dam area. More details regarding the trip will be provided at a later date. The Board members also desire to take a field trip at a later date to the Allen Filter plant, Overhead Storage area and the Bi-City Wastewater Treatment plant . Meeting adjourned at 6:10 P.M. Respectfully submitted, ~~~ Kay Roberts Recording Secretary • I . • • • • CORRECTION THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN REMICROFILMED TO ASSURE LEG!EILITY AND ITS IMAGE APPEARS IMMEDIA lcL Y HEREAFTER. • I . - (. • tl • • • • ENGLEWOOD WATER AND SEWER BOARD Regular Meeting July 18, 1978 The meeting was called to order at 5:05 P.M. by Chairman Gibson. Members present: Gibson, Best, Ullery, Feamster, Witthus Members absent: Mann, Harper, Taylor Also present: Stewart H. Fonda, Director of Utilities I. SALE OF UTILITY EASEMENT AT OVERHEAD RESERVOIR Mr. Taylor arrived at 5:10 P.M. An appraisal of the strip of land has been prepared by Baughar and Associates and they indicate the market value of this strip of land to be $450.00. 4 There was discussion as to the sale of land to another city and the value connected with the land with the utility easement . It was noted that the strip of land continues north for another 250 to 300 feet with the same utility easement. It was also noted that the City cannot fence any of the easement and could be held liable for injuries i ncurred on this land . Mr . Fonda stated the entire strip of land is of no present or future use to the City. Mr . Best moved; Mr. Witthu s s econded : That the Board recommend to the City Council to give the entire strip of land bordering the east side of the Overhead Reservoirs to the City of Greenwood Village as a measure of goodwill . • I . • ...... • • • • • .. -2- Ayes: Gibson , Best, Taylor, Ullery, Feamster, Witthus Nays : None Absent : Mann, Harper Motion carried. II. COMMUNICATIONS REPORT The Board feels the need for better communication with t he members when there is a major emergency within the water system. Several members received calls from citizens inquiring abou t the water outage that was experienced in June. They re a lize that all the operators are always busy at the time of emergenc ies and are unabl e to be at the phone but feel that if Communications rece i ved a call explaining the problem that they would be able to advise some of the members about the emergency problems. Mr. Fonda stated that he would contact the Police Department to work out a reasonable solution. III. McLELLAN RESERVOIR CLOSED TO PUBLIC Mr. Fonda stated that the Littleton Po l ic e Department had been con- tacted about enforcing the no trespa ssi ng policy that was recommende d to Counc i l and approved on July 3, 1978. Temporary sig ns were placed at the Reservoir area and will be replaced with permanent signs afte r vandalism to the temporary signs ceases. IV. SUPPLEMENT 61 SOUTHGATE SANITATION DISTRICT A request was received from Southgate Sanitation District f or inclusion of an area comprising 20 si ngle family residential taps. This area is located on South Monaco Street and north of Orchard. Mr. Best moved; Mrs . Ulle ry seconded: That the Board recommend to the City Council approval of Supplement 61 Southgate Sanitation District. Ayes: Gibson, Best, Taylor, Ullery, Feamster, Witthus Nays: None Absent : Mann, Harper Motion carried. • I • • <t • • • • -3- V. FIELD TRIP FOR RANCH CREEK The date of September 23, 1978 has been reserved for the Board members and their spouces to visit the Cabin Meadow Creek Dam area. More details regarding the trip will be provided at a later date. The Board members also desire to take a field trip at a later date to the Allen Filter plant, Overhead Storage area and the Bi-City Wastewater Treatment plant. Meeting adjourned at 6:10 P.M. Respectfully submitted, ~<~ Kay Roberts Recording Secretary • I . • DATE: SUBJECT: • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD July 18, 1978 SALE OF UTILITY EASEMENT AT OVERHEAD RESERVOIR RECOMMENDATION: That the City Council approve to give the entire strip of land bordering the east side of the Overhead Reservoirs to the City of Greenwood Village as a measure of goodwill. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD ~ ~7 Thomas E. Gibson, Chairman Attachment #l • I . • • • • DATE: SUBJECT: • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCL REGARDING ACTION OR RECO~~ENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD July 18, 1978 SUPPLEMENT 61 TO SOUTHGATE SANITATION DISTRICT RECOMMENDATION: That the City Council approve Supplement 61 to Southgate Sanitation District. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By..-~~~-=~~==~----~~ Thomas E. Gibson, Chairman Attachment 12 • I . • - • • ' APPLICANT: The Liquor Barn Ltd 4415 S. Broadway Englewood, CO 80110 • • • COUNCIL ACTION REQUEST LIQUOR AND J .2 BEER OUT LETS TYPE OF ACTION REQUESTED: Annual Renewal -Retail Liquor Store License POLICE AND FBI REPORTS: See Attached PREVIOUS CITY COUNCIL ACTIONS DURING PRI OR TWO YEARS, EXCLU DING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: CCMAENTS: • sa I I . • <C • City of Englewood M E M 0 R A N D U M TO : Jean Montgomery FROM: Sgt. Ron Medford DATE: July 12, 1978 SUBJECT: LIQUOR BARN , 441 5 South Broadway • • • 3400 South Elati Street Englewood, Colorado 80110 Phone (303) 761 -1140 Our records Indicate that In the year beginning on July I, 1977 and ending on June 30, 1978 the LIQUOR BARN located at 4415 South Broadway has been Issued a summons for I I legal sale to minors <Case Number 78-992). No other violations have oc curred, wh ich could be charged against their I lcense privilege. The em p loy e e wh o so l d t he I lquo r t o the minor was terminated. Robe rt R. Holmes Chief of Pol lee Eng l ewood Pollee Department Se ~n?t~J In vestigations Divi s io n Eng l ewood Po l lee Dep a r tm e nt • I • • I • • • ORL ~ (REV . 10/711) ' STATE OF COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR MALT. VINOUS AND SPIRITUOUS LIQUOR LICENSES DO NOT ~ITE 1 ... nus S~ACE (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) LIQUOR ENFORCEMENT OFFICER 'S ACTION AFTER GEniNG APPI'OVAl 0 ~~~~ AUTHORITY ,IF REQUIRED . SEND TO COLORADO DEPARTMENT OF REVENUE , STATE CAPITAL ANNEX , 137& SHERMAN ST .. DENVER , COLO . 110281 (303)102-3741 LI QUCIR 3AQN L TO TH ? 4415 S BOWA Y ENG L::''ti CCIJ CC ao uo I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION AI'PIOVIO &-2·7cf" DATE EXCEPT CHANGE OF MAN EA . TRADE NAME OR CORPORATE STRUCTURE . L--.!:!!:=~===____:~=.=__..:::=~~ SIGNATURE -,!._=e.lngAdd,... ________________ _ OWNERSHIP 00 NOT USET~IS FOAM . USE AN ORIGINAL APPLICATION .) IMPORTANT MANAGER'S NAME MAKE CHECK OR MONEY 1 SEE INSTRUCTIONS IF APPLICANT IS A CORPORATION . FILL IN REVERSE SIDE. ORDER PAYABLE TO THE 1 ON THE REVERSE COLORADO DEPARTMENT SIDE . BUSINESS PHONE NO ._~----------------OF REVENUE . RENEWAL APPLICATION FOR LIQUOR LICENSE ISI FOR THE YEAR ENDING t TOTAL FEE(S) l VM ~~.~rCMit .. tY,. ...... ,,._. CQufrtf¥ ~,.,, .. '"" l.t •.,l.•'" o•r~ ll-b35c l J1 u 00~· 592 1 3 091 0761 I 09 0979 1 (117.50~ TYPE NAME AND DESCRIPTION OF LICENSE "-.._FEE.....---'" L .:·TA II LI..:'11 0:Y-ST I:"·"".': uc ~l\sE -MALT, v r.'l.:.us . ~NIJ P 1 1' j Tf ji'l lJ S s~..J oc 1-Y P..!) P ~".C ::>I T ·lA P FF " ~ l??'iil Do vou have legal poss.esston of tt::r premtses for whtch th•s appllcatton for license ts made?• -----------.!~:!:~:...:S _______ _ Are the p r&m •ses owned or renitd' ~ uJ AI,...... If rented, effect•ve & exptrat•on date of lease ----------------- lc applocantlsl or oil oflocers ot the corporatoon . comen ls) ol the Un01ed States ol Ameroca i·-----....L~.Iii<.~::::· ____ _ It the applicant. or any of tht partners, or any of the officers , stockholders or d•rectors of la td applicant (If •t •s a corporation). / or employees of any SIJCh ,IJnder the age of twenty-one years''------------------Yes _______ _ No ___ Has t he applicant , or any of the partners, or any of the off1cers . stockholders or d•rectors of sa1d applicant (tf IllS a corpora uon l ever been convtcted of a fe lony tn the State of Colorado or been conv1cted of a cnme el~ewhere wh•ch would constitute a felony 1f such cr~me had been committed •n the State of Co lorado' If so, state full de tat lsi _______ Yes-------- Has the applicant , o r any of the partners, or any offtctr , d~rector or uoc:kholder of sa •d appl•c ant (t f 11 1s a corpo rat 1on l ever Cal been dented a li cense under th ts hquor law'·----------------------..:ies -------- lb ) had an alcoholi c beverage ltcense suspended or revo ked ''-----.--------------Y"''-------- If the answer •s yes , explain fully (attach separate sheet . tf needed ) ' Do you or any member of your fam1ly have a flnant18l tnterest '"any other ltquor license? !Such f•nanc•al ~nterest to tnclude any equity •nttrtst or loans) If the answer •s yes , expla•n '"deta•'----------------Yes•-------- Does eny person . f+rm or corporat1on havtt a f•nanctal ~nttrest , evtdenced etther by loans or equ :ty ownersh•P tn the bustness ~ fo r wh tch th •s 1tcen11 " requested? If 1he enswer 1S yes , state nemes and addresses and amount of such ftnanctal tnterest e~prened w•ther 1n dollan or other tttms o f va lue ,such as Inventory fu rn•turt , ftxturts and equtpment: ______ __;Yeo _______ _ L1st the namtl an d eddresses of a ll bullntsses '" whtch any o f the persons '" the prev1ous questton are Interested Nam e Bus lnen ACICirtn • • \./ No ___ No v"' No --;::;;;r No_:::__ ,/' No ___ I • • ' • • • • IF THE APPLICANT IS A CORPORATION . answer lal.lbl , lcl .ldl, ond lei J lal Orgamzed under the law ot the S1.:11 e om~ -,_.'=!!J!..L6'~,1_9 __ -----O;u e ___ A.f_'i :!_ --------- !b\P"nc•oal bu~tness •s confluclt'd .u . __ ~t_,._~·-ll~'Y~---7' Coun ~of_./.[~~~-, Slate o L_f_9~.J'I_~-- h.l Orue of fthng last.tnnu.ll CO•Pu•.lle •epu•l to 1he Sec•t"t"''t' of St.ue.. _______ t_ "!_ -----__ ----1 (d l Nume Home Adrtren C•tv O.JtP of Bonh ~~ lei Ptestdtm t Vtce Pres Treas u re' Secre ta•v f?rlltiU' ~. hJU' '7m .$ · JFAA;Jt'~'IV t"i;;?~" "'£ H ...... ~ JUI1f: l4t 14,i/£A V'l• ,,.... ~.UN -.u s hNLV'·"L I " " ,. At ., r-r . ' I'~ M .. m<>ger ------------- D IRECTOR S LtU .111 Ouectors .ll le,!St 3 .ue tequued hy L..1 w l Ill NAM E HOME STREET NO & CITY DA T E OF BIRTH L•sl ~~~stoc kh olders own tng or conHOIItng ;mv nt t he c.l p ttill uoclo. of the CO•POr.won llnclud~ actual owner or p l~dgee I Use se p ar,11e sheet t! neecl~t HOME STREET NO & CITY PERCENT OF -STOC ~'liJiP S . tlfiA.-N''~~-----=;J;..,Dr.;~.---., h'U STATE OF COLORAOO DATE O F B I RT H c"""'Y ot ___ /J!Mt.=E:U:'Ih+::::..:..:¢"-'C:::.~ ______ ____,}._·~· _ _.t?v=.-"'l?'-"O'-'t.."'-'--F _ _,(!=---'-T-'-I..;;;S<!=-tf.:.._ ______ _ one! be,ng by me hrst duly Slf'o'Orn. II lor h•msell Ueposes ,md ~vs thou he •S th e app hc:mt abo"e named or that he •L' _....~,Re ..... 'e,e;;·""-J..'"{)'-'E).-...,._'.J[>--"nf the olx>ve n~~med c::orpor.!ltOn th.ll h e h as reiJd the lurego•ng apotrcatH')n .::met th at he k n o11\'S the contenb therec.l .. tnrl '""''oil m.:uters .. nd th•ncn there•n wt 1011h .tre true of h•s own knovo.tedge nnd h e ag.ees 10 conform to .JU roles .Jnrfregul.ttrons p romulgar ~d bv the Stau~ O"Q t• tmpnt of Revenue •n connH"IIOn therew•tt-1 Sub,crrl ~d .t nd swvo rn 1.v txfn•e mt' lnchvtdu.tls <lnd all mpmhers of purtne rsh •P !CORPORATE. S(A L) REPORT AND APPROVAL OF LOCAL LICE NSIN G AUTHORITY !Manufacturer' Wh otes.,t ers . Importers and Puhhc T ranwonJtto n Svuems dtsregaHithts secttonl The torego•ng .. pphc.tt •nn ,..,., Dee n e,.,,,,n&a o~nd tne suettHse,, ous•neu conoucted o~nd ch•tlatter ot the •PPI•C ilt u ut•'•c.to,.,, o~nd we a o reoort tno~~ ~oucn "'-e ns•. t1 9'.tnted, ""''' m•et tne '•••on•ble tC!QUt~em•nt\ ol Ule neu~hbc,novd •110 tne de\ttes ot the mh.tboto~na, .tnO compltti 'tll<tU\ IP'It! PtOIItl• '" o t Arltcte ll7, T otl • 12, C.R 5 1973 THE:ftll,.OAt: THIS A,,l..IC AT I ON IS HEAt:•v APPAOVEO . OAT EO AT ____ -..J HOS _________ OAV OF'---------·A 0 19-------- (NAMEQFTQWN,CITVORCOUNTYI-------------------------------------- (MAYOR OR CHAt RMAN OF BOARD OF CQUN'T Y COMMISSIONERS OR O'T HI;. R TITLE OF LICENSING AUTHOR! ATl'£ST (CLERK OR SECRET A RY OR OTHER Of"FICER HAVING THE OFFICIAL SEAL Of" THt. LICENSING AUTHORITY I 111 tne orem•s•• .,, touted wttntn • t own or crty, "" .t b o~ .t PP•O~~'•' ~>houtd ~ -t19nea DV tn• "''YO• •"d clerk, 11 '" • county, then by the cn•.,m•n of th• bO•rd c county c.ommturon•r' .tnd th• c.l .,lo. to tne Do.to a 11 , by f)tdtance t.~r otnerw•s.. thetoc..tlt•c.ensmt o~utnoutv "som• otner otllct.tl, then sucn'•Po•ov.t 'nould De f•v•n t:IY ~oucn otftct&t.) • NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME , IT IS IMPORTANT THAT THIS DOCUMENT , WITH YOUR STATE FEE REMITTANCE , BE AT THE COLORADO DEPARTMENT OF REVENUE , STATE CAPITOL ANNEX BUILDING , 1375 SHERMAN STREET . DENVER , NO LATER THAN DECEMBER 1 . • I • • • - CITY COUNCIL HEETING August 7, 1978 ORDINANCE II j..V,"l7 , 18 , 19 RESOLUTION U~ 51, 52, 53, • 0 0 I . . . - • ' APPLICANT: Ground Round 5180 S. Broadway Englewood, CO 80110 • • • COUNCIL ACTION REQUEST LIQUOR AND 3.2 BEER OUTLETS TYPE OF ACTION REQUESTED: Annual Renewal -Hotel/Restaurant Liquor License POLICE AND FBI REP ORTS: See Attached PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: Cet.t.a:NTS: • s c ~ I • • - • • • ' • • • City of Englewood M E M 0 R A N D U M TO: Jean Montgome r y FROM: Sgt. R. Medford DATE: July 12, 1978 SUBJECT: GROUND ROUND RESTAURANT, 5180 South Bro~dway 3400 South Elatl Street Englewood , Colorado 80110 Phone (303 ) 761-1140 Our records Indicate that In the year beginning on July I, 1977 and ending on June 30, 1978 the GROUND ROUND RESTAURANT located at 5180 South Broadway has had no Incidents where violations could be charged against their I lcense prlvl lege. Robert R. Holmes Chief of Pol Ice Englewood Pol Ice Department £ )ef~LL~p Sergeant R. ~ lnvestlg~tlons Division Englewood Pollee Department • I • { • ' • • .. • DRL 402 (REV . 10/Yel STATE OF COLORADO DEPARTMI!NT OF REVENUE SRP/klh RENEWAL APPLICATION FOR MALT, VINOUS AND SPIRITUOUS LIQUOR LICENSES 00 NOT WRITE IN THIS 5"ACE (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) LIQUOR EIIFORCEMEHT OFFICER 'S ACTIOII AFTER GEniNG APPROVAL 0 OF LOCAL LICENSING AUTHORITY , IF REQUIRED , SEND TO COLORADO DEPARTMENT OF REVENUE , STATE CAP1T Al ANNEX, 1375 SHERMAN ST., DENVER , COLO. 1102011 (303) 802-3U1 HOWA RD J OHNS ON CO G:';U UN D ROUN D 5 HIO S BDWY EN GLE: WOCD CO "'PIOVID b -7-. 7? DATE DISAPI'IOVI D 80110 IMPORTANT MANAGER'S NAME _C=l'-"i,_,f:cf~..:Tc>a:..y._l=Oc::r,__ ________ _ MAKE CHECK OR MONEY SEE INSTRUCTIONS IF APPLICANT IS A CORPORATION , FILL IN REVERSE SIDE. ORDER PAYABLE TO THE COLORADO DEPARTMENT ON THE REVERSE SIDE . BUSINESS PHONE NO. _,_(.::::3.::::0..::3:.L)...:7_,8"-'9'---'9"-"-Q.::.9=1 _______ _ OF REVENUE . RENEWAl APPLICATION FOR LIQUOR LICENSE(S) FOR THE YEAA ENDING ' TOTAL FEE(S) USC ACCOIU'I!_'!_u. .. "0.: \.IA .. l.n'Y-OitfiiiAT.otol "''"'"..::'I.~NCil COUfof'f' ... , .. tNOUS , .... 1[ LI A81LlT'f O A Til flj -l?l <?~-0031 10 006 58 13 3 09157~ I oq1479 1 L-\ 1.-<.-'> I $ 301.25 TYPE ~ NAME AND DESCRIPTION OF LICENSE FEE G i-HJ T c L· AND I<E STAU K ~NT LIOU O? LI CE NSf. s 25.00 JTY 85 P ff<CE NT Qt p FEE .s 27c 25 Do you have legal possess1on of the p rem1ses tor wh 1c h th•s appllcauon for license 11 made, __ __:Y:..e=..:s:._-,..-,...,-~,.....-,....,.,...,,..-,,..,..------ Are t he premiSeS o wned or rented? rented If rented, olfocuve & e•poratoon d&10 ol lease _ __:5:._7~1:!/'-...:7_:J:_-_4:._7~J:_:Q:._7~7_:9:_ ____ _ Is applican t{s ) or all o ff•cer s of the corporation. CIUZents) of the Un•ted Stattn of Amenca ? _ _,Y,_e=S::.._ ________________ _ It the applica nt. or any of the p artners, or any of the off•cen, stockholders or d •r ectors of 1a1d applicant (If 11 1s a corporation ). or employees of any such , under the age of twentv one years '-----------------Y·es --------No _X __ Has the applicant , or any of the partners, or anv of the off •cers, stockholders or dlfecto rs of sa+d applicant (If •t 1s a corp ora· uon) ever been convicted of a felony '" tne State of Colorado or been conv tc ted of a cn me elsewhere whtch would constttute a felony tf such cnme had been committed tn the State of Colorado' If so, state full deta+ls _______ Yes ________ No_X __ Has the applicant, or any o f the partners. or any o~t.cer. d•rector or stockholder o f 111d applicant Itt illS a corp oration) ever Ia) been den•ed a li cense under thts liQ uor law''-----------------------Yes --------No_X __ fb i had an alcoholic beve ra ge license suspended or revoked?' __________________ Yes ________ No_X __ If the answer •s yes , expla+n tully (attach separate sheet , •f ne&ded ) Do you or any member of your fem1 fy have a f1Manc 1al •nterest •n any other ltquor license' tSuch flnanctal tntertst to tnclude X any equtty tnterest or loans ) If tht answer 11 yes, expla1n 1n deta•I ________________ Yos ________ No __ _ Does anv penon, flfm or corporation have a f10anctal Interest. evtdenced 11 thtr by loans or eQ\HtY ownership'" the bus1neu for wh•ch thiS license 11 requested? If the answer 1s yes, state names and addresses and amount of such flnent~al ,ntertst expressed w1ther 1n dollars o r other •t erns of value , such as 10ventorv . furniture , fuctures and eQu•pment _______ Yes --------No~ Ltst the n1mes end addresses of all bus+nesses tn wh•ch any of tht persons •n tht prew1ous quttllon are tnttrtsted uslneu Aaartn • I • • . ; • ' • • • IF THE APPLICANT IS A CORPORATION , answer (a), (b l, (c). (d ). and (e) IJI Organ •:~ u nder the law of the StiJteol ___ ~~----~"'\---Ontc _U.l.:..QL6_l ________ _ tbl Pnnctpal bus•ness •s conducted <~t ._:eo~..:t9ll...... _{J>_9J:.S:l'lJ!Ji_t_ej:'J __ . Cou ntv of _J)JlffoJJt,iHe ot_}ta_~s_. ___ _ lc.:l Date of ftlmg las t ann ual cor pu•.Jte repotT tO the Secret.nv of Sta te_ ______________ 4./..)...SJJ] _ ldl Home Adrtress see attachment Cuv O.Jtl! of B•rth Month . Dav Y ear lei Pres•dent ------------ Ill V•ce Ptes ------------ T •ea.surer ------------Secretar y ___________ _ Mana~'------------- DIRECTORS NAM E Ltst nil Otrf'clors t;:u leas t 3 3!1:! requ tred bv L dwl HOME STR EET NO & CITY see attachment DATE OF BIRTH Ltst all stockholders ownll,gor controllmgan v nt the cap ttal stock of th e cor por.won (lnclud'! 3ctua1 owner ur pledgee I Use separat e s heet tf neecled NAME HOME STREET NO & CITY PERCENT OF DATE OF BIR TH STOCK OWNEO ________ .o;su;e;;,se._ga~tachment !The tollollll"'9 ofttd;wll to be stgned and acknowtedgerl by tndtv,riuats a n d each member of P ilrme•sh tps an d bv Cor p Qrilttonl ~"""" :::::~ow MASSACHUSFTS ar"td Walter W • Curcio . be•ng bv m ;f,rst du ly sworn. Ill or hrmsett deo oses.Jnds<~vs th.lthe•s the :tppt,cant above named . or that he IS Vj ce pres ideo~ th e oJ b O¥e named r.;Qt p or.tt•on .th<tt h e h ns reud thtt foregotng .Jpphc:aun n .:tnrl thJI h e kn0\1\'S t he contents t he,eof, and that ull mauers and thmgs therem set IQith are true of h ts own kno.>wletlge and he ag,ee s to conl ntm to~~~ rul es and regu la t tons pro mulgated by the State Deoanment o f Revenue '" connpct•on therew•th S ubscr tbed and sworn tO befor e I'll!:! thts 9th dav of ~e · · t9 __ll ~ YU.;.mi.J4... Oa tu re at Nota rY Pu b liC ) Off icer of Corporation ICO~PORATE SEAL) Karen l. Heimuller Sign here : HOWARD JOHNSON COMPANY Anacn Sf-11 ! NOTARY PUBLIC tt(.·~.j' L~ ~<<o•oo• :;ca-. . --~ My Commission Expires April 21, 1983 _ 'AJAJ .£F ~ -· ""~ Mv Comm•n•on e~~:P.Hei ____________ ..:.__..:.:,,;;_;,:::=_ By·----""'lo<IIIAo<IIE...___,.4;olf4~-a~it"~,.t:l.,J"""Ir----,_.,..,.,,_.-- / 1 !K:~U~IUI\<t Vice Pres~dent REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY IManufoctuten. Wholesillers , lmpone n and Puhhc T t ansporallon SySiems d•sregatrt th•s sect•onl Tne to,eqo•n9 aoohctt•on non Deen ... a mor~ea '"" tne o•cm•U!~, bus•r~eu conducted an.:J chaoacte' ot thtl aooliC ilt os s;uotactory, and we d o report tnilt such hcense, '' gr•nted, ""''''meet tne •eiliOMOIDie oeou"emel'lt., o t u•e l'leo gnoc"hO<J d .tnd the Cle .,ores of the onnaoounu, il'ld comploes w11n trte orov111on ot Att•Cie 4 7. Title J2, C.A S 1973 THEAEf'OR£ THIS APPLICATION IS H£ft£BV APPROV [O . OAT EO AT·-----JHIS ---------DAY OF'---------,A.O 19•-------- (NAMEOFTOWN,CITYOACOUNTYll ______________________________________________________________ _ (MAYOR OR CHAIRMAN OF B O A AOOF COUNTY COMMISSIONE RS OR OTH(R TITl.E OF LICE NSING A UTH O R I ATTEST ICLf.Rto(QR SECRETARY O R OTHER OFFIC ER HAVI N G THE OFFICIAL SEAL OF THl LICE N SING AUTHO RITY.) I If th• sHemlsel &•e loc&t•d wUt'ltn 1 town 01 c•ty,the Above •ooroval should be Stgned by trte '"iiVO' 1ne1 clerk ,ll m 1 cuunty, then b y the en1um1n ol I he bO<u d c county comm1no oners ana the clen• to t'he ooaro. II, ov O•d•ance o• otrterwlte, the local ucens1n9 autt'IOP\V '' •ome otncr oHictal, tnen such •oorov .. t tho~.~ Ia be e •ven by sucn othc•a l,) NOTICE TO INSURETHAT YOUR LICENSE IS ISSUED ON TIME , IT IS IMPORTANT THAT THIS DOCUMENT , WITH YOUR STATE FEE REMITTANCE , BE AT THE COLORADO DEPARTMENT OF REVENUE , STATE CAPITOL ANNEX 3UILi)ING , 1375 SHERMAN STREET , DENV ER, NO LATER THAN DECEMBER 1. • I • • • APPLICANT: Fifteenth St . Inc The Waldorf 4595 S Santa Fe Englewood, CO 80110 • • • COUN CIL ACTION REQUEST LIQUOR AND ).2 BEER OUTLETS TYPE OF ACTION REQUESTED: Annual Renewal -Hotel/Restaurant Liquor POLICE AND FBI REPORTS: See Atached PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY AT TORNEY'S REVIEW: CCMdENTS: • s /)I I . • ' '' City of Englewood M E "M 0 R A N D U M TO : Marl lyn Irons FROM: Captain Frazier DATE: July 26, 197 8 SUBJECT : The Waldorf, 4595 South Santa Fe • • • 3400 South Elatl Street Englewood, Colorado 80 11 0 Phone (303 ) 761-1140 Our records Indicate that In the year beginning on Septem ber 29, 1977 and ending on September 28, 1978 the Waldorf located at 4595 South Santa Fe has had no Incidents where violations could be charged against their license privilege. Robert R. Holmes Chief of Po l lee Englewood Pol Ice Depa rtment o/~ £a41LZZJ~~ Captain Ronald D. Frazier t7 Division Commander Investigation Division Englewood Pol Ice Department • I • • ( • ' DRL oi02 (REV . 10/"le) • • - STATE OF COLORADO DEPARTMENT OF REVENUE a • RENEWAL APPLICATION FOR MALT, VINOUS AND SPIRITUOUS LIQUOR LICENSES 00 NOT ~IT ( IN THIS s .-AC( (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) LIQUOR ENFORCEMENT OFFICER 'S ACTION ARERGEniNG r-------------------------------------------------~ APPROVAL 0 frc~~~'a FP:'Tt.::-=N TH ST I NC ~>:.LD C~ F THE APPIOVEO &-2--Zi: AUTHORITY , IF REQUIRED , SEND TO COlORADO DEPARTMENT OF REVENUE , STATE CAPtTAL ANNEX , 137S SHERMAN ST ., DENVER , COLO. 802e1 (303) 102-3741 'i5'.15 S SANTA Ff f'I,G L E ~<;frCD CC 80110 I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION DATE EXCEPT CHANGE OF MANAGER , TRAOE NAME OR CORPORATE STRUCTURE . L--.w.&=-~~!L\!!!lJ!.___!,!J,J.!~~~~~---"- NEW TRADE NAME ------------------------------- SIGNATURE Melling AdclrMa ------------------ (IF THERE IS A CHANGE IN OWNERSHIP 00 NOT USE THIS FORM . USE AN ORIGINAL APPLICATION .) IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SIDE . MANAGER'S NAME --------------------------------------- IF APPLICANT IS A CORPORATION . FILL IN REVERSE SIDE . BUSINESS PHONE NO. __________________ _ MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE . t RENEWAL APPLICAT ION FOR LIQUOR LICENSE(S) FOR THE YEAR ENDING t TOTAL FEE(S) ~1: &CCOUIII'I' ltUMH• ,.011 ....... '".,.., ......... ,._ olll l.i..ltll'l"l"KI COUI'rolh .... , ... INOUST , ...... L.1 Ael\.t1" D•lr 1 r-:34422. 110 00 6 5 8 13 3 09 307~ I 09 2 9 79 1 $ 301.2 sl - TYPE ·. NAME AND DESCRIPTION OF LICENSE FEE c; W'T~L M~O '' F :> T :.u :,.~~~T LIQU tJA. LIC E,SE .s 2s .uc ' ll'J s;;. P "~CENT CA P FEE $ 276 .2 5 Do vou hC~W legal IJOSSess io n of the prem tses for wh 1ch th•s appllcauon for l1cense •s made?' ___ _J,Y:.~c .. ='-"$~------------------------------ Are the prem ises owned or rented'l)(..J~t.'"Z) If rented . effect111e & ex p tration date of lease ··-------------------------------- 15 appltcant fs) or all oft•cers of the corporation , ctt1zenfsl of the Untted States of Ameoca?·---=:;:,..'-;L ______________________________ _ Is the applic ant, or any o f the partners, or any of the oft1cers , stockholders or dtrectors of sa1d applicant Of 1t 1s a corporation). or employees of any such , under the age of twenty-one years'--------------------------------Y••--------------No V Has the applicant , or any of the partners, or any of the off 1cers . stockholders o r dtrectors of sa1d applicant l1f 111s a corpora- ttonl ever been conv•cted of a felony 1n the State of Colorado or been conv•cted of a come elsewhere whtch would constttute a felonv tf such come had been commuted 1n the State of Colorado' If so , state full details ____________ Yes--------------No~ Has the appl icant. or anv of the partners, o r anv off 1cer , d •rect or or stockholde r of sa1d applicant (t f 111s a corporat1onl ever ta l been dented a ltcense under th 1s ltquor law '·--------------------------------------------Yes --------------No_L__ (b ) had an alcoholic beverage ltcense suspended o r revo ke d ''----------------------------------Y••--------------No_L_ If the answer tS yes. explatn fully (attach separate shee t, •f needed ) Do vo u or any member of your fam1lv have a f1nanc•al1nterest 1n any other liquor l•cense ?ISuch fmanctal 1nterest to 1nclu ~ any equ1t'r' tntlrest or loans) If the answer •s yes . expla•n '"detail Yes No ____ __ ·aw l#wt? Llx1MA£ ,;.._(v~#t.W= ClviJ I}J Y i~o ruazs Me ' Dots anv person . ftrm or co rporat1on have a ftnancul l Interest . evidenced etther by loans or eQuitY ownershtp tn the bus1ness fo r wh 1ch th111tcense 1S rtQutsted? If the enswer tS yes, state names and addresses and amoun t of such fin ancial tn teres t expressed w•the r '"dollars or other ttems of value , such as 1nventorv . furniture . fiKtures and equipment ___________ ___:Yes_..,~,.~-------No ~ ~ L1st tht namn and addresses o f all busmene11n wh•ch anv o f the persons'" th1 prtv•ous quesuon art Interested Ntme Business Address I • • ' • • • IF THE APPLICAN T IS A CORPOR ATION . •')lw".r (al , (b l.)cl , (d), and (e) f . / Ia I Orgnn•.red under the law ot !he State o L---~-------Oa te.litl3:J.'l.Zr -------rn 1 l bl Pronc•oat bus ,nessll contluct eU v •~--------~--,:-:·_C ountv of__ ~-'~o u~ o '--~--- kl Date of frl•nglast ,1nnu.JI LO•P Oio.llf' lt'P O•I to the Secret.lf V o f Sl<lte_ ___ ~ __ t.J.:J ____ ---- ld l N.1me Ho me Adrlress Ct1 v O;.lle o f Bu th M on t h O:.v YeOJr le i Pres•dent V•ce P,es f.~~ G -t'~. ~ D:~ ·============= .TJfa c:voiJ 'Bo b{t>.{J. ~ 2rc:n mit '\" ~{1\P?..J C:Q . If } Tu~<tSurer Secrerarv ------------ Mana~'------------- D IRE CTORS l •St ,11! D•r ectors lat le.•s• 3 ~ue requne<.J by L,l w l NAME HOME STREET NO & CITY t{ei/Yj{qoL 4JNI(,.~/~ CtJ DATE OF BIRTH L •st all uoclo.holrte•s owmng or controlhng -'"V n t the c •• puat stoclt of the corpor.,uon l tm;.l ud" ac tual o wner ur p l ~rtgee I Use se parate Shl:'e t •f needed NAME HOME STREET N O & C I T Y p.&1t:Jios PERCENT OF ST OC K ~O WNED 33 J DATE OF BIRTH 7-3o-3o !The loHowmg alftd3vtt tO be s•gned anc1 ackno .... leriQf'rll>v m c1•v•duals ttn d e.ICh mern~· ol P ;"tlln eril"l•ps and b v Corpqt .ltto nl ST ATE OF COLORADO and --bfo ·ng L>v me'"" t1u 'v Sl"'ooOfn " lor h•""'f!l dep.JSes a nct S.JVS th ;'ll he •S the ;,pphc a n t obove named o • !M al h e" .J ~ ql !he •bove n omed co•o o••••on '""' "' ha. ''"" '"' 'o<ego •n g •Pohco!>o n '"" •hoi he kno ~• the conten u thereo f, <tnd that all mattl:us o~rtd 'h 'nQ\ tht1te•n se 1 fort h a•e u ue ol h ts own k ntJ wletlye and ht> aq. ~~ w canto· m to nu rule s ... n n t eyul.t t tons pr o mulgated by t he State Deoet11men t n l R e ~<enuto '" conn~t,on therew•th Sub ~cn hed itnrl sworn to Ueto•e me ··.,~ t n1s -,-.,--'-'"'-:--,.-:=>r-CS.V o~ --""""f-:.~-r'i!":l~-l9_T _ ~ !CO RPO RATE S EA L) REPORT AND APPROVAL OF LOCAL LICE NS I NG AUTHORITY IM.,nulactUttHS Wh oiH •l e •s. lm p pf!e •s a nd Puhl!c TntiUP Ot at•o n Syu t>ms d•sreg:vr1 th •s sectton J Tne tore9omg aoohc:o~t •on ho~' D ee ~> •~.l!'l'l•ne o &no t ne cuefY"•Ses . o o s•ness c:nn auc teo o~n a c na••c:te r ot the •oo••c•t •S s•t•'•ct o ry , •nd ,..e d o •eoon th•t htcn lt(ensf', '' v•••Hed w•ll m eet tnt •••~o n•b 'e •eou"e me nn o t trlt~ ne qnoc .. nova •n o tne aes11es ol tne m n•b•t•nts, o~na compl•e' Wtlh the p rov•'•on ot n.rtu le 4 /, 1 •1•e 12 C R S l 91l TH£,_1:,-0RE THIS APPLICATION IS HIERE:BV AII'PAOVE:O DATED AT· ____ ...J H I S---------DA V O F'---------·A .O 19------- (NAME OF TOWN, C IT V OR COUNTV J-------------------------------------- !MA YO R O R C H A I RM.AN 0,. BOA RO O F COUNTV C OMMISSIQ NfRS OR Ql HtR T ITLE OF L ICENSING A U THOR! ATTEST !CLERK OR SECRETARY OR O THER O FFICER HAVING THE Qf"FtCIALSEAL or lHl LIC(NSING AUTHOJHTV .) (If tne o•emlses ~re loc•t eCI woth1n t town or c•ty , the o~oove tPCuoval •nouiCI be ''9"•a 011 tne rntyor o~no cler~ot ,ll tn • county, then bV the cn•ilm&n of tne oo•rCI c count v tomm•U•ont rS I 'lO tht cter~c t o t he oot•d.l l, ov ordtence o r othttwllf!, tne locatltcenltng autM OIIIV 11 1ome otner oll•c••'· then sucn .IDPtov~t •nould b• g•ve n b y such olf•c te • ) NOTICE TO INSURE THAT YOUR LICENSE IS ISSUED ON TIME , IT IS IMPORTANT THAT THIS DOCUMENT , WITH YOUR STATE FEE REMITTANCE . BE AT THE COLORADO DEPARTMENT OF REVENUE , STATE CAPITOL ANNEX BUILDING , 1375 SHERMAN STREET . DENVER , NO LATER THAN DECEMBER 1. • t I • • - • • • ' APPLICANT: • • • COUNCIL ACTION REQUEST LIQUOR AND 3.2 BEER OUTLETS McGinty's TIG & Sidewalk Cafe 3370 S. Acoma Englewood, CO 80110 TYPE OF ACTION REQUESTED: Renewal -Hotel/Restaurant LiqLibr Licens~ ~.l POLICE AND FBI REPORTS: See Attached PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: CCMdENTS: • s£ I . • ( • ' City of Englewood M E M 0 R A N D U M TO: Marlly Irons FROM: Captain Frazier DATE: July 26, 1978 SUBJECT: McGinty's Tlg, 3370 South Acoma • • • 3400 South Elatl Street Englewood , Colorado 80110 Phone (303) 761-1140 Our records Indicate that In the year beginning on September 23, 1977 ~nd ending September 22, 1978 McGinty's Tlg located at 3370 South Acoma h~s had no Incidents where violations could be charged against their license privilege. Robert R. Holmes Chief of Pollee Englewood Pol Ice Department • I • • ( ( • ' • • • DRL 40:1 (REV . 10/'ltl STATE OF COLORADO DEPARTMENT OF REVENUE RENEWA .'. APPLICATION FOR MALT, VINOUS ANO SPIRITUOUS LIQUOR LICENSES DO NOT WftiT[ IN TMIS S~A C£ (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) LIQUOR ENFORCEW.ENT OFFICER'S ACTION AFTER GEniNG APPROVAL 0 ~~~!a AUTHORITY , IF REQUIRED . SEND TO COLORADO DEPARTMENT OF REVENUE , STATE CAPtT Al ANNEX , 1375 SHERMAN ST ., DENVER . COLO . 802111 (303)1102-37 .. 1 "'CGH ;ry CIJ LJ.:<:N r'CGI NTY F.D 'MA '\0 fo'CG II H Y TlGF.SIDEI~A LK CAFE :3 3 70 5> AC C•"'1\ E N G L ~WOG ~ CJ 80110 I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION .UPIOVlD 6 ~J---7f 04T[ OIIAPPIOVl D EXCEPT CHANGE OF MANAGER, TRADE NAME OR CORPORATE STRUCTURE . L--===..=.:::..=..::..::...--=:....::.::.=..=---==::....:::...::.......:::.. NEw TRADE NAME !Y",C.( ... ·, 01,~> S<'c;..,.. ~-c\sw~~ C.v..-' "1... SIGNATURE MalllllgAddrMa "3?.'/f'l ~u\j..< ~ tr<'•~ (IF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS F RM . USE AN ORIGINAL APPLICATION .) IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SIDE. MANAGER'SNAME--~-~~&6~~-"~~~t~~~~~----- IF APPLICAN T IS A COR PORATIO N. FILL IN REVERSE SIDE . BUSINESS PHONE NO. __ J-L..J&~\.1,..-_'JJ...~~~-s4------- RENEWAL APPLICATION FOR LIQUOR LICENSE l SI FOR THE YEA R tNDING USC ACCOUfiiT JtUMMW rt)lt lAetuT't ... ~aT.- 4~~ iltl~ltc NCl COUI'Ol V "'"" " LtA.It.tf't' O•U: t MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE . TOTAL FEE lSI 11-r:lt :-407 IN 00 6 ::.EJ 13 5 09017~ I 083 179 l ~ 301.2~ TYPE NAME AND DESCRIPTION OF LICENSE FEE G Hf,T!:L ,!1\j[) Rf;STA li ~M•T LIOU CR LIC E ~S E $ 25 .00 . IT II'· 8 ." IF-\lU:NT OAP Hf ~ 776.7~ Do you have legal possen•on of the p remtses: for ~uch th•s appllcat•on for license is made? ~ .s..-2 Are the prem•ses owned or rented> .A ' ~s\l:c;) If rented, effect•ve & expiration date o~se ··_i\,l~;~L..0,...-7L7L_~_~£)1l.AU.I ~~ ...... ~&._J.~-· __ _ Is appll cant(s) or all off•cers of the corporat•on, c•uzen (s) of the Um ted States of Amer•ca?· __ __;wOI..t.:.;:a.....~i\6.-L-· -------=------ Is t h e applocan1 , o• any ol the partne<S, or any of 1he oll oce<S . u ockholders o~ dorectors ol saod appl;can1 (If •t ;, a corpora1;on l , /" or emplo yees of any such. under the age o f twentv·one years> ~V C Yes--------No_ Has the applicant, or any of the partners, or any of the off•cer1, stockholdtfl 01' d irectors of sa1d applicant (If 11 IS a corpora· L 't•onlever been c onv•cted of a felony'" the State of Colorado or been conv •c ted of a cnme elsewhere wh•ch wo u ld constttute a felony 1f such come had been comm•tted tn the State of Colorado) It so, state tull deta•l•'-------Yes--------No Has the appltcant, or any o f the partnen, or any off•cer , dtrector or stockholder of Satd eppltcant l•f •t•S a corporatton) ever / Ia) been dented a li cense under th1s liquor law) es --------NN oo --'---7"- lb ) had an alcoholic beverage license suspended o r revoked?· __________________ Y es________ / If the answer 11 yes . explain fully (attach separate sheet, tf needed I Do you or any member ol your lamoly have a fonandal on1erest on any other liquor 1;cense l (Such lonanc lal l n1totS1 10 oncl ude /' any equ 11 y Interest or loans I If the answer •s ye s. explam '"detatt ________________ Yes ________ N o _ Does any person. f~rm o r corporation have a f1nanc•al Interest, ev•dtnced t•thtr by loans or equ•tv ownershtp '" tht bustness for wh•ch th1s license •• requested? If the answe r 11 yes , state names and addrl5sts and amount of such ftnan c•altnterest t~ w•ther '"dollars or other •t ems of value , such 11 •nvtntory , furnlti.Ht . futturesand u• tnt Ves_-=:._ _____ No __ ._ "'\ -~ ~ C 1 ( \_ 1 I"'! ~ ' ' ()\.. \ Lts'(\he narnts a addresses o f all bus•ntstet '" whtch an y of the perJons '" the p rtv•ous Quest• on are •nttrttttd \ 0 ""\:», t \b-"T B<Nn."$. ,;j)) I \ d,,,..,.:•m ra>-'- I • • ( ( • • • .. - IF THE APPLICANT IS A CORPORATION . answer (a). (b). (c). (d). and (e) Ia! Organ rzed under the law o t the S~ate o c __ -----------------Dilte ______ ----------- fbi f'rtnctpill bust ness ts cont"lucted <Jt . ______________ --------, Coun1v o t ________ State o L -------__ lei O ru e o f fdmg last f'!nnu.:~l t;O•PIIt .Jte ·~PUtt 10 thf" Secrf"t-.~r v ol St;lla_ --__________________ _ ldl N.1 me H ome Adrhen Cr tv O • .lle of Str th Month Dav , Year te l Pres tdt>nt ------------ V+ce Pres ------------ Tre asurer ------------ Secretar y------------ M <m<tger ------------- DI AE C l'ORS Los t a ll Ouec!t ors la t le.rst 3 ;:ue requued bv L,t w l NAME HOME ST RE E T NO & CITY DATE OF BIRTH L ru all SIOCII:holdersown•ngor cont•olltng <l ny n f thp c,tprutl st ock o l m e cor por.won I Incl ude actual owner or p lec1gee Use se POH'IIf! sh r et ''needed NAME H OME STREE T NO & CI T Y PERCENT OF DA TE STOC K OWN ED OF BIRTH STATE OF COLORADO Arapahoe l " Edward s. McGinty CQj'nov o •.....,..--,,.,;rr.:;,::=~-------+' ____ .=___::.=.._...::.:.....:=.::..=.="---------- a nc1 C01een M. McG{nfy bemg bv m ;t ust dut y sworn ,, for h•mself Llt>P•'~e' .,nds.Jvs thJt h e'' the noo 11ca n~ abo'lle named Of that lQQd:hey 8 TA OWDATS ,,f the .;l)ove n amed t.:Oi pOr .J TIQ n t h ,;t he h .:)S re..td the forego·ng IDP IICJ ttQn :Jnrt lh.J t he knows t he contents thereat , ~.tnd t h J t all molte•s a nd th tngs rher em SP t forl h .:l •t! 11ue o f h ts own knl,)wteUqe a nd hp ctgtees tl) conto·m to all rules one1 •egul,tt •ons pro mulgated bv the State Oep.utment o f R evenue m connPct•on the•e....,llh Sub s cr~/Jed a n d sworn to IJefore me A tt•cn S u i Offtcer of Corporation Sign here : j(QRPOJ.lATF SEAL) ~ " (CO•DOI<IIe Name) My co,..,m•n•c.•' c o.o••e'--li{:'Y,...,~;I'-'I'-"3'-.-_./_gf-'K"-'c•?'------B v -------------------------r jPreStOent 01 S•cret••'lll REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY IM;.nufacture rs, Wholtsafers, tmpor ter s anrt Puhhc Transp onH •on Systems d•srega•cl thts I!CIIonl Tne toreoomo .tPDi tc at•on nas oeen e•am.neo ano tne 'u em•ses, ousmen cnno ucteo and c no~r.tct er of tl"'e •gohc•t '' '•'''•ctoty , •na we d o te p ott that such hcenu. ''or anted , w•ll meet tne te.tson•o•e r«lQUttemenu ot the ne>gnoorno.,o .t ttO tne oesnes ol tl"'e tn ttao•••nts, .tno complies .v11n tne p ro"~~•1•on of An•CI• 47 , Tttle 12. C R.S . 1 973 THEREfl'Oili:E THIS A_.PLICATION IS HEREBY APPAOVE:O . OAT£:0 AT ____ -JH"---------DAY OF'---------·A 0 19-------- (NAMEOFTOWN,CtTVORCOUNTVJ--------------------------------------------------------------------------- (MAYOR OR C HAIRMAN OF BO ARO OF COU NT Y COMMtSStONf:RS OR OTHC.R TITLE OF LICENSING AUTHOR!• ATTE ST ICLER K O R SEC RET A RY O P OTHE R OFFICER HAVING THE OH'ICI ALSEAL 0~ THl LICENSING A UTHO RITY I fit tn• oremfus ar• toc."ted wltrnn • town 01 c<t't'. tl"'e abo'lle .too•o'llal1n Oula be !.lgneo tly tne rn.tyo• •n CI ct•r ... 11 •n a cuunty, tnen by tne cn .t uman ot tne b o •rd c county c ommtn•onerl •nCI tn• c••,., to tl"'e ooard II,·Oy Ot Otance "' ott\erw•••· tne toc.t lltCeru,no .t u tnor~tv '' so•,..• otne t otlicta l,t nen tucn .tPP•ov.t t h ou It! be Qlve n by sucn otltct•l.) NOTICE TO INSURE THAT VOl R LICENSE IS ISSUED ON TIME . IT IS IMPORTANT THAT THIS DOCUMENT , WITH YOUR STATE FEE REMITTIINCE , BE AT THE COLORADO DEPARTMENT OF REVENUE . STATE CAPITOL ANNEX BUILDING , 1375 SHE~MAN STREET. DENVER , NO LATER THAN DECEMBER 1 . I • • - ( • • • ' APPLICANT: Robert S. Briola Bob's Grocery 3296 S. Washington Englewood, CO 80110 • • • COUNCIL ACTION REQUEST LIQUOR AND 3.2 BEER OUTLETS TYPE OF ACTION REQUESTED: Annual Renewal -3.2 Retail Beer License POLICE AND FBI REPORTS: See Attached PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: COMMENTS: • I • • ' • • • City of Englewood ----- • M E M 0 R A N D U M TO: Marlly Irons FROM: Captain Frazier DATE: July 26, 197 8 SUBJECT: Bob's Grocery, 3296 South Washington 3400 South Elati Street Englewood , Colo rado 80 11 0 Phone (303) 761-1140 Our records indicate that in the year beginning on August 23 , 1977 and ending on August 22, 1978 Bob's Grocery located at 3296 South Washington has had no Incidents where violations cou l d be charged against their I lcense privl lege. Robert R. Holmes Ch i ef of Po II ce Englewood Pol Ice Department L'~~~~~ Captain R. Frazier ~ Division Commander Investigation Division Englewood Pol Ice Department • I . ( ( • FORM OIL. 401 CREV . 9-701 ' • • - STATE OF COLORADO DEPARTMENT OF REVENUE D U P L 1 C A T E RENEWAL APPLICATION FOR 3.2 % FERMENTED MALT BEVERAGE LICENSES DO NOT ~ ~ WRITE IN THIS SP A.CE (GET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) LIQUOR ENFORCEMENT OFFICER 'S ACTION ArTER GETTING APPROVAl OF LOCAL LICE NSING AUTHORITY, tf REOU IREO, SEND TO COLORADO DEPARTMENT OF 11lVENUE , ~TAT( CA PIT O L ANMX, 137S SHERMAN H ,. DENVER, COLO. 8070) BRIOLA ROBERT S BOBS GROCERY 3296 S WASHINGTON ENGLEWOOD CO 80110 I CERTIFY THAT THERE ARE HO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE OF MANAGER, TRADE NAME OR CORPORATE STRUCTURE . SIG NATUIIIE AIPIOVfD £.,!9 · ?t; DATE DISAPPlOVf 0 r ;;~_-. L ~l.= - (IF THERE IS A CHANGE IH OW~ERSHIP DO HOT USE THIS FORM. USE AH ORIGINAL APPLICATION .) IMPORTA~T SU INSTRUCTIONS ON THE UVUSE SIDf. MANAGU'S NAME If A~"IC ANT IS A COl~OlATION , fiL L IN lfVUSf SIDL NEW TlAOE NAME lfNEWAL A"'LIC ATION FOI 3.2•;• FUMENTEO MAL T UVUAGE LICENSE FOI THE YEAI ENDING ____._. 1\1 ACCOU NT N UMUt lf "' .a. .. l UJtfi!Nf I 11-06009 li At lll l' I Nf O IMA fiO N '"'0u\t ''"' ~~~··••••" r .a.•t 10 006 5411 1 082471 NAME AHD DESCRIPT I ON OF LICENSE TYPE J 3.2 PERCENT RETAIL BEER LICENSE CITY 85 PERCENT OAP FEE 082379 MAKE CHECK 01 MONEY OlOU ~AYAILf TO THf CDLOlADO Of~AlTMfNT Of UVENUE. TOTAL FEE(S) ~ FEE $25.00 $21.25 (The follow ing aff idav it to be s•gned and acknow ledged b y indivi duals and each (If applicat ion is for •m porter's l•cense, •nsert state of bus iness res i dence . member of partnersh i ps and by corporati ons ) ) STATEOFC0)<1JRAD0 ) ,.iL ._L 0 County of W..,._.__ f SS ~~ be ing by me f irs t du ly sworn , i f for h imself, deposes and says ; that he is the oppl •c ont above SUISCliUO AND SWOIN TO UfOil Ml THIS /I t;lo DAY ( f •70 Of -~ ~1/<f (/ /-~. . ~~./ ,..../ A Tl&CH S£AL / NOTARY PUBliC CO.,OU TION ~GN HU( I COIPOU.Tl StAL l MY CDMMISSI O~:ftX~A ,:, I COiiftOlATf NAMEI n I Pit[\IOfNl OR SfC~HARYI REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY MANUf•CTUI(R~. WtiOlHAlUS, IMP'OlTUS AND RAILIOAOS O!SlfCARO THIS SECTION I The or~g•nol appl i cation has been e)Cam lned and the premiset , bus iness conducted and character of the applicant 11 satisfactory , and we do report that such licente , if ~ranted , will meet the reasonable require ments of the ne ighborhood ond the desires of the inhabl tonts , ond complies with the prov•s lons of C H. 75 ·ART . 1 CRS 1963 os amended, THUffDlf THIS APPLICATION IS HUIIY Al~lOVfO. DATfD AT THIS DAI Of • A.D. " I NAMf Of TOWN, CITY Ol COUNTT I n . MA'"OI 01 CMAIWAI'Iol Of lOA I'D Of COUNTY COMMIUtONUS 01 OUHI nTLf Of UCENSING •uTHOIU'Y.I ATTUI I C.( I( 01 SlCIUAI'f 01 01HU OH1C U MA'VlNG 111( OffiCIAL UA OF TM( liCIN\ING •VTHO.T'Y .I (If the prem•••• are located with in o town or city, the mayor ~.'!d __ c_lo1 r.~; i,'..~"I!.C..,u1~~~-~~~~ bv th• rhn~r"""' ~tf th• hr'11uA ,..f ,.,...,_. • ., ,.,.. •• : •• 1-••• -•--- I • • ( • ' • • • .. -~r APPLICAt'T IS A COii FOPI TION , onn••N lal, lbl, tc.l . hll cand lei n rru "''cd ,.,,,llll lhl' lnw ol In • SI.JtC' of ••. , , • • . . , • , •• , •••.••• , .•.• , D ol~.,,., ••.••.•••• , .••....•.• • •• , •• , • , • , .•••. , , , • , • , • , • , •• , • ,, County of Home Addteu Ctiy Stene of ••• Dote ol ll!th Month, Day, 'hOI' , 0 p ,~ ~~d~nf , o , o o • o o o o o o o o I o o o • o o 0 o o o o o o 0 o o o o o o o o o o o 0 o o o o o o o I o o o o 0 I o o ','I o o • o V1(('~P rf'11dent, . , . , ..•. , •..••• , , , •• , . , •••••. , ...• ,,,, .•. ,,, ••• , , •. , , , • , , ; ••• , ••... , .••••.••••• Tr eoa ... re r ·•············••··••·•····••••··········•·••·········••····••··; ,,,,, •.•••••••••••••• Sec•elory •••. , •• ,,, .• , , , , .. , •••• , ••.••• , ••• , • , .•• , ..• ,, . , •• , •. , , , •• , ••. , : , , , .. , ••• , , ,, •••••• , , Monoge• •• ,, ••••••. , . , , .•••.•.••••••..•.••.••. , • ,, , . , ,,, •.•••••• , .••• , ,. ; • , •.••.••.• , , , , •••••. 1 1 " Jl tkcl•haldea own•nif • conltc.llmq 10• Of mooc ol ttof" Cop•tol ilock ol th e Cor otghon, lln clu de cu;:t uol o wnll l or pl e dg ee) U 1e \~e pmott theet rf needed. Homo Str eet N o. and C •ty Pt!l c.en t of Dote of luth Sl o e~ Owned Month, Doy, Ye ar ············ ................ ; .................. . ············:······ ......... , ................... .. ........ .. ; ............... ;. ··················· ............................ , ..................................... . ''f'' ............................................................................... . NOTICE T J •'ISURE TH AT YOUR LICEN SE IS ISSUED ON TIME . IT IS IMPORTANT THAT THIS DOCUMENT , WITH YOUR , , • F Fi.E REMITTANCE BE AT THE COLORAD O DEPARTMENT OF REVENUE , STATE CAPITOL ANNEX IIC LO: IG. 1375 SHt:RMAN STREET , DENVER AT LEAST FIFTEEN (15) DAYS PRIOR TO YOUR EXPIRATION ;.\ E. ,HIS DO CU ME NT MU~T BE IN THE HANDS OF TH E LOCAL APPROVING AUTHORITY AT LEAST THIRTY (' CAtS PfllOR TO EX PIRATION • I . - ( • ' APPLICANT: Shakey's Pizza Parlor 3281 South Santa Fe Englewood, CO 80110 • • ,. • COUNCIL ACT I ON RE QUEST LI QUOR AND 3 .2 BEER OUTLE TS TYPE OF ACTION RE QUESTED: Annual Renewal -3.2 Retail Beer License POL I CE AND FB I REP ORTS : See Attached PREV IOUS CI TY COUNCIL ACTIONS DURING PRI OR TWO YEARS , EXCLUD ING ANNUAL RENEWAL: CITY ATT ORNEY'S REVIEW: CCJ.NENTS: • I> I . - - ( • ' • • • City of Englewood M E M 0 R A N D U M TO: Jean Montgomery FROM: Sgt . R. Medford DATE : July 12 , 1978 SUBJECT: SHAKEYrs PIZZA PARLOR, 328 1 South Santa Fe 3400 South Elati Street Englewood , Colorado 80110 Phone (303) 761 ·1140 Our records Indicate that In the year beginning on July I, 1977 and ending on June 30, 197 8 the SHAKEY'S PIZZA PARLOR located at 3281 South Santa Fe has had no In c idents whe re violations could be charged against their license privilege. Robert R. Holmes Chief of Pollee Englewood Pollee Dep artment /. m4fJ Sergeant R. ~Iedford Investigations Division Englewood Pollee Dep~rtment • D I • • • FOAM '>AL 401 (REV 10!75) • • - STATE OF COLORADO • DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR 3.2% FERMENTED MALT BEVERAGE liCENSES DO NOT WRITE IN THIS SPACE Af!fll G f iTIN (; ~PPIIQVAt Of lOCAl li((N~ING AUIHOitllY, If ltfQUIIIfO _ S£NO 10 COIOIIA PO OU'AITM[NI (GET APPROVAL OF LOCAL liCENSING AUTHORITY FIRSTI LIQUOR ENFORCEMENT OFFICER 'S AgiON APPROVED ;; -2 -7 r Of I(V(NU(, SIAl( C·'-'llOt "NN(A 1)1) SHUMAN Sf OfNV(I COLO 0010J 5.-1 '" T.~ F 5h~K ~YS fJ I U ·~ o ,:'{L·;r ~y ~ !>U :I ll .: HJIJS<: :!t'H s S .\I •T~ ;:.L Er::Lr: i l" '!! C d tJ ll O I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAl AI'PUCATION EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORA lE STRUCTURE . DATE DISAPPROVED IMPORTANT SIGNATUif 4 -R~<-4 ' (IF THERE IS A CHANGE IN OWNERSHIP DO NOT USE THIS FORM . USE AN ORIGINAL APPLICATION .) SEE INS !RUCTIONS ON THE REVERSE SIDE MANA GE R'S NAME Do nna Unde n10o d If APP LICANT IS A CO RPORA liON , fill IN REV ERSE SIDE NEW TR ADE NAME MAKE CHECK OR MONE Y ORDER PA YA BL E TO THE COL ORADO DE PARTMENT Of REVENUE . RENEWAL APPLI CATION FOR 3 2% FERMENTE D MALT BE VERAGE LICENSE FOR THE YEAR ENDIN G UM AC(OUNI N UMI(I f~ ~~ •fftllfH(I TOTAL FEE (S) II AIIt iiY I NfQIIMAIION COUNn (If' r.t't UAIIU!"t' ()AI( ll-7 { .. ]4 l J 0J ~ ~a l2 3 .:90u 7 5 $ 4 6 .25 NAME AND DESCRIPTION OF LICEN SE ,. 1--,L:T.\I L L!C "II.S ~ FEE ~ 2S .OJ {The followrng offrdo"'' to be irgned ond acknowledged by rndrvidu ol~ and each member of partnerlhtp s and by cor porattons) (If appltcahon is for importer's ltceMe, tnser-t state of busmeu re~tdence . ) l 21 .25 STATE Of XJ1Z101DG1R County of George S. Davis betng by } ss ftnl duly sworn , if for himself, d~tposes and .ays; that he is the applicant above nomed; or that he '' President that he l..nows the contents thereof and that oil conform to all rul•s and regulortons promulgated SUISCitti(O .A.NO SWORN TO IHORf /111\f of the obowe named corporation: That he hos read hiS orig'"ol applic ot•on and mottrrs and thtngs th~trttn set forth ore true of hiS own knowledge. ond he agrees to by the DEPARTMENT Of RE VENUE IN CONNECTIO N THEREWITH INDIVIDU AlS AND Alt /lll\fM8ERS Of P.AITNERSHIP OR PltfS 01 SECY OF ...:ORP MUU StGN HUE 20th DAY OF A JLillC 'l 19 78 .. ~J~·Pdf;-:,K M Y CO-ISSION !X'I•fS 4-lJ-79 REPORT AND APPROVAL OF lOCAl liCENSING AUTHORITY t/111\A.NUfACJUIEitS WHOlESAlERS tMPOITUS AND UllltOADS DISREGARD THIS Sf( liON) !~d r:;;Q"d~ .:';!~~··:h;, !'::. \'::~ ..•• ,, .. ;,~nle<rd w•l;•· .. .::·.~:; .. • ... !':~~":~ .:~:.~c.::. .. ·:1 .~··:;7~.bo~!.oJ· .:r':h:"' ~~o:: .•. "''~i1 ac':::, tn hobttonh and coMpltes Wtth the provt•lon• of T ttle 12 , Art ic le~. C AS 1113 THEREFORE THIS APf'II CATION IS HEREBY APPROVED DATED AT THIS INAME OF TOWN CITY ()j! COUNTY) DAY OF , AD 19 IY MAYOR 01 (HA IR""-AN 0' .a.uD CW: COUN t" C~t$SIONUS OR OTHU ltflf Of UCfNSIHO AUTWO.ITY ) ATTEST IC lfll 01 S£(1flAI'f' 01 OfHU ()f"FICU HAVtNQ THe Of"ft(IAl U4l Of THf UCfNSINO AUTfo+OtiTY I or ctt~ the abo..,. OP~tfowot .houtd 1M s·g~ by the moyor ond <'-'' tf "' o county ,.,_,. comm•n•on•'• ond tN c .. r to the boord If by ordtnoMe or o~wtM the loc:ol fte ef'IWftQ opprovol thowkf 1M tt-.ft lty wch offtctol ) • 0 I • • • ' • • • Delaware Dallas Dallas April 25 , 197 8 5/20/74 Texas George S. Davis Thomas P. Broncucio John W. Lu xen Karen S. Douglas Donna Underwood Hunt International Resources Corp. 3500 First National Bank Bldg., Dallas , Texas 75202 See attached list 7611 Dunoon Dallas, Tx. 1191 E. Orchard Littleton , Co. 1002 E. Berkeley Richardson, Tx. 7521 Pebblestone Dallas, Tx. 8 S. Clarkson-#103 Denver, Co. 100% • 1/22/26 6/1/46 8/14/46 11/21/45 11/30/54 I . • - • r • / • MEMORANDUM s ,y i ~~ Council ~~ TO : FROM: Members of the Englewood City William D. James, Director of DA TE : July 31, 1978 SUBJECT : Annexation Petition Financep The City Clerk's office is in receipt of a petition re- questing annexation of property to Englewood in the vicinity of Lots 1, 2, and 3 of Bell Isle Gardens, south of 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 • • / • PETITICN FOR ANNEXATICN 'IO CITY CF ~, COLORAOO 'IO: The City Council of the City of Engl~, Colorado Engl~ City Hall 3400 South Elati Street Englewood, Colorado The undersigned Petitioners do hereby petition the City Council of the City of Engl~, Colorado, to annex to the said City of Eng!~, Colorado, pursuant to and in aC(X)rdance with the applicable provisions of the ~cipal Annexation Act of 1965, as amended, the hereinafter described real Property situate in tJ 1c unin<X>rp.Jl.·u ted terri tory of Arapalx)e County, O:>lorado, and as the basis for said Petition would show unto the City Coun- cil as follows: 1. Petitioners comprise the owners of one hundred (100%) percent of the area Prq:x:>sed to be annexed, exclusive of streets and alleys . 2. It is desirable and necessary that the hereinafter described real property be annexed to the City of Engl~, Colorado. 3. l'«::lt less than one-sixth (1/6) of the perirreter of the here- inafter described real Property is cootiguous with the City of Engls.QOd, Colorado. 4. A ccrrm..tnity of interest exists between the area proposed to be annexed arrl the City of Englewood, Colorado; the area proposed to be annexed is urban or will be urbanized in the near future; and the area pro- posed to be annexed is integrnt.ed with or capable of being integrated with the City of Engl~, Colorad::>. 5. In establishing the boundaries oi the territory Prq:x:>sed to be annexed, t10 land held in identical ownership, whether consisting of one tract or parcel of real estate or two or 110re contiguous tracts or parcels of real estate have been divided into separate parts or parcels without the written =nsent of the l.andowners thereof. 6. In establishing the boondaries of the area proposed to be annexed, ro land held in identical ownership, whether <X>nsisting of one tract or parcel of real estate or two or 110re contiguous tracts or parcels - • I • • / • of real estate, cx:JtiJrJ.sin<;l ~ty (201 a.~es o.r: J!Pre which, t:clcJether with the luild:i:ngs and inprovements situated thereon has a valuati'Qn for assess:nent J.n excess of two hundred thousand dollars for ad valorem tax purposes for the y ear next preceding the annexati'On, has been in- cltrled in the area proposed to be annexed w:i.tOOut the written oonsent of the landowners thereof. 7. The Pttposed annexation will not result in the detachnent of area fran any school district and attach the same to another school district. 8. In all respects, the requirements of Sections 31~12-104 and 31-12-105 of the ~cipal Annexation .Act of 1965, as amended, exist or have been net. 9. The legal description of the land sooght to be annexed to the City of Englewood, Colorado, is as follows: IDts 1, 2 and 3 BELLE ISlE GI\RDENS Arapahoe Camty, Colorado 10. ACCCI!panying the within Petition are four ccpies of an annexation map containing the information as required by Section 31-12-107 (1) (d) of the Municipal Annexation .Act of 1965, as amended, 11. Petitioners request the City of Englewood, Coloraoo, approve 0 the annexation of the area Proposed to be annexed. (Signature of Landowner) 1. 'lH:MAs PIATlNG en. , IN:. (Mailing Address of l..arrlowner) 4695 s. Windernere Engla.axi, Colorado 80llO (Legal Description of Land Owned) Iotl (Date of Signature) /__ -,-?f-. 2 s' by~u«i (!/~ Title k _.. N ru. BELLE ISLE GARDENs Arapahoe Camty, Colorado 2. ( > j 7 /-{~.-"7 L. Carl L. Vaughn .-~... 1 ,. /./I l~. / . .r .. ( Evelyn Y. Vaughn 1600 w. 'J.'Ufts Engla.axi, Colorado 80ll0 lots 2 and 3 BELLE ISU: GAFDENS Arapahoe Camty, Color ad:> ------------ Please aero ccpies of all correspo00ence or for further information call attorneys for PetitiaJers: RECEIVED -Chas. A. Haskell Haskell and Crarxlell 3003 E. 3rd Ave., Suite 201 Denver, Colorado 80206 Tele: 32103516 • -2- • .JUL 2 5 1978 DEPT. OF FINANCE . ENGLEWOOD I • • • / • AFFIDAVIT STA'IE CF miDRAOO ss . ~ GARY BELL, JR. , of lawtul age and upcn his oath, being fl.r st duly sworn, sta.tes and deJ.X>Se$ as follows : 1. That the affiant circulated the Petit..J.on f or annexation herein for the purpose o f obtaining the sigtldtuxe of the above Peti- tioner TI01M PlAT IN:; 00. , INC. , and, 2. That such s~gnatuxe thereon is the signatuxe of the person whose nane it purports to be. SUbscribed and sworn to before rre this ,:ctf ~day o f July, 1978, cy Am'HJNY GARY BELL, JR .• My c cmnission expires:_......:.1.._.-_.t""~""'/.-"'iA:.:._J...Mu..._.lc-<tw.'8'-'-l-· _ Witness my hand and off1cial seal. Notary Pubhc (SEAL) - -3- • D I . ( ( • / • AFFIDAVIT STATE OF COIDAADO C.ITY AND COUNrY CF DENVER ss. DANIEL M. HASKELL, of lawful age and ~n his oath, being first duly Slo.Qrn, states and deposes as follows: 1. That the affiant circulated the Petition for annexation herein for the purp:>se of obtaining the signatures of the above Petitioners CARL L. VAtx;HN and E.VELYN Y. VAtx;HN, AIU 1 2. That such signatures thereon are the signatures of the persons wtx>se narres they purp:>rt to be. ! :-'i __ );_,_._,, . . : I. I r _..<=::; ,, Il l .• , ' . I . .._ :f .,'' -' I ,• ·"' f 1" j SUbscribed and 5\o.Qrn to before me this~ day of ,July, 1978, cy 01\NIEL M. H1\SKEJ:L. My a::mn.i.ssion expires: __ C;..._.""' ·_.i.._c.._..f"" .. ._(-~1 _. _._t~f ..... ~~~Q._.[,_,~J- Witness my hand and official seal. (SEAL) - -4- • I . / • - Vicin i ty Mop SCALE . 1"=400' I • • • • I • • • • • 5 M E M 0 R A N D U M TO : Andy McCown, City Manager FROM : Wil liam D. James, Dire ctor of Finance Harry N. Taylor, Purchasing Agent Gary Diede, Director of Engineering Services DATE : August 3, 1978 SUBJECT: Miller Building Remodeling Bid Sealed proposals were received by the office of the Director of Finance on July 26, 19 78, f or the r emodeling of the Miller Building. The project was broken down into seven separate bid packages as shown in Att achment Rl. Attachment 111 Attachment 82 Bid Summary Budget Summary LOW BID SCHEDULE Paint i ng-ONE Y Painting Floor Tile & Vinyl -Metroflor, I nc. Air Conditioning-General Electric Electrical-Hardiman Electric Drywall Ceiling-Interiors by Heloise Carpeting-Metroflor, Inc. Ceramic Tile-Bretz Tile $ 3,071.00 1,357 .00 3,283 .00 3,226.00 2,366.00 1,0 66.00 980 .48 $15,349.48 All bids have been reviewed by the City and the City's construction manager on the project and find the low bidders in each category meet the minimum specifications. We recommend that the award for the Miller Building Remodeling project be made to the low bidder of each bid package. The sum of the seven low bids is $15,349 .48 as shown in the budget summary. Sufficient funds are available to award the bids on the project. H~ ~~1~~--------- Purchasing Agent /ilw attachments Services • I • • • • • • BID SUMMARY Bid Package Company Painting Romu Drywall #1 Interios by Heloise ONE-Y Painting Floor Tile & Vinyl Interiors by Heloise 62 Bretz Tile Metroflor, Inc. Air Conditioning Sears Roebuck & Co. #3 Friedrich General Electric Electrical O'Rourke Electric #4 Hardiman Electric Drywall Ceiling Romu Drywall #5 Howard Drywall Interiors by Heloise Carpeting Interiors by Heloise #6 Bretz Tile Metroflor, Inc . Ceramic Tile Metroflor, Inc. 17 Bretz Tile • ATTACHMENT #l Bid $ 6,700 3,577 3,071 3,379 1,852 1,357 3, 531 3 ,432 3,283 4,159 3,226 4 ,300 3,830 2,366 2,160 1,307 1,066 984 980 I • • I • • • • • ATTACHMENT #2 BUDGET SUMMARY Miller Building Remodeling Budget Bids Received : Painting Floor Tile & Vinyl Air Conditioning Electrical Drywall Ceiling Carpeting Cerami c Tile Work to be completed: Gen. Cond. Site Work Masonry Metals Carpentry Th ermal & Moisture Door s & Windows Specialities Fu rn ishings Mechanical Roofing Cont ingency Fee -CM Total Cost and Estimated Cost $ 3,071.00 1,357.00 3 ,283.00 3 ,226.00 2,366.00 1,066.00 980 .48 $ 900.00 2,450 .00 540.00 600 .00 400 .0 0 875.00 1,500.00 4,600.00 2,570.00 200.00 285.00 3,500.00 5,000.00 $15,349.48 >f ~3 . <f().O .o D ~13 ,429.00 Under Budget • $ 40,000 $(38,769.00) $ 1,231.00 I • • I • • • • ,. • 5 J MEMORANDUM TO: ~onorable Mayor James L. Taylor and Members of City Counc il FROM: Louis Parkinson, Municipal Judge DATE: July 20, 1978 SUBJECT: ADOPTION OF MOST CURRENT UNIFORM TRAFFIC CODE - ACTION RECOMMENDED The Court recommends that Council enact an ordinance adopting the most recent Uniform Traffic Code. The City of Englewood has in effect the 1966 Uniform Traffic Code and has excepted out certain provisio ns . A conference was held by the City Attorney , the City Prosecutor , the Chief of Polic e and the Municipal Judge . The unanimous opinion of this ad hoc committ ee was that the most recent Uniform Traffic Code be adopted an d that no exceptions need be taken to meet local conditions . The City Attorney feels t hat his office should not be the one to suggest legislation in this area, and that he cannot draft the ordinanc e wi thou t Council directio n. Therefore the Municipal Court is making the recommendatio n . d~', t~'2 fvt~ LOUIS PARKINSON Municipal Judg e LP /b cc : Andy McCown, City Manag r Bernard Berardini , City Attorney Robert Holmes, Chi ef of Police • , I • • • • • - INTRODUCED AS A BILL BY COUNCILMAN Mann ________ _ 6 4 BY AUTHORITY Offi)JNANCE NO. , SERIES OF 1978. AN ORDINANCE CALLING A SPECIAL HUNICIPAL FLECTION FOR THE PURPOSE OF SUBMITTING THE QUESTION OF THE "'STABLISHMENT Of A DOWNTOl<TN DEVELOPMENT AlJTHORIT < TO A 'I 'TE OJ.' '1' r;:-QUAL FJEn ELECTORS OF THE DISTRICT AND PROVIDING FOR THE CONDUCT 1'HERE0F. WHEREAS, the City Council of the City of EJoglewood, Colorado has determined and does hereby de ermine rhat ~t is necessar to es ablish a Down own Dev~lopment Author1ty for the public health, safety, prosperity, security and welf~re and to halt and preven deterioration of property values in the central business d1strict; and WHEREAS, 1t 1s first necessary to subm it the ques ion of the es ablishment of such ar Authority to a vote of he qualifjed electors of the Distr1ct within which the Authority is to exerc1s its powers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD COLORADO, as follows· Sect1on 1 I Pursuan o Part 8 of Article 25 of Title 11, Colorado Revised Statut s, 1 73, as amended, there shall be snbm1 tted to a vote of the qualif1ed electors of he Distrtct ter inafter descrJbe at a special election to be h ld for ha purpose or Tuesday, the 1 th dd} of Septerrber 197R b twP.n the hours o 7:00 o'clock A.M. and 7:00 o'clock P.H at the poll1ng plac her 1rafter des1gnated, the following quest1on: SHALL A D'lWNTOWN DEVELOP 1ENT AUTHOR IT' BE FOR11ED PURSUA 'I' TO PART 8 0 AR'liCLE 25 OF TlTLE 31, COLOHJ\00 REVISED STATIJTES, AS AMF.NDEO, TO SI:RVL. A PU LIC USE, '0 PROMOTE hEALTH, SAFETY, PROSPERITY, SECUT ITY A D I ELPARE OF THE lNHABITJ\ TS n T.HE MUNI- CIPALITY AND TO HALT AND PREVENT DE'IERlORATIO OF PROPERTY VAT.UES IN THE CENTMl BUSINESS DISTRICT, THEREBY EMPOWERING THE COUNC IT, Ol THE 1 TY OF EN-;LEWOOD TO ASSESS, LEVY ANO t'CILI.H.:'l' AND AD VALOREM TAX UPON TilE TAXABI. PROPERTY WITHIN 'T'HE JURISDICTION 01 Tllf. AUTHORITY N<JT TO EXCEI:o f'JV ( ) MIL S FOR THE U<"f, AND BENEFIT OF 'rHE AU'rHORJTY, SAID • I • • • • .. - AUTHORITY TO EXERC I SE ITS PO\vERS WITHIN A DISTRICT IN THE CITY OF ENGLEWO OD , TO BE BOUNDED AS FOLLOWS: Beginning at the Northeast corner 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 is intersec ted by the center lines of South Broadway and Eastman Avenue, this being the true point of begi nning; Thence East along the cen ter line f East Eastma n Ave nue a distance of 509 feet more or less t o the c ent rline of th e alley between South Lincoln Street and South Sherma n Street ; Thence south along said centerline a distance of 660 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 sai d 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 mor~ 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 feet more or less to the centerline of the alley between South Logan Street and South Pennsylvania Street; Thence South along said centerline a distance of 845 feet more or less to the centerline of East Jeff~rson "Avenue, also known as U.S. Highway 285; Thence West along said centerline of U.S. Hig hway 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 feet more or less to a point on the projecte d South line of Lot 44, Block 2, Higgins Broadway Addition; Thence We st a distance of 1168 feet more or less to the center- li ne of the alley between South B ~nnock Stre et and South Acoma Street; Thence North a distance o f 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 c nter- line of South Bannock Street; Thenc South along aid center- line of South Bannock Street a distance of 90 f eet more or l ess to a point on a line project d from the South line of Lot 63, Block 5, Skerritts Add iti on, 2nd Filing; Thence West a distance of 163 feet more or less to the centerline of the alley between South Bannock Street and South Cherokee Street; Th nee South along said centerline a distance of 300 feet to a line projected from Lot 18, Block 5, Skerritts Addition, 2nd Fi ling; Thence West a distance of 177.5 feet more or less to the centerline of South C~erokee Street; Thenc North 25 feet t o the centerline of West Ithaca Avenue; Thence W st along sa id centerline of W st Ith ca Avenue a distance of 163 feet to a projected 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- ject d from the North line of Lot 11, Block 1, Sk rritts -2- • 'I I • • • • • .. Addition; Thence West a d istance of 163 feet more or less to the centerline of South Delaware S treet; Thence South 12.5 feet; Thence West 163 feet more or l ess to the centerline of the alley betwe en Sou th Delaware Street and South Elati Street ; Thence South along said centerline a distance of 167.5 fe et mo re or less to the centerline of West Ithaca Avenue; Thence West along said Centerline of West Ithac a Avenue a di stance of 1793 feet more or le ss to the cent rli n e of South Jas o n Street; Thence North along said ce nterline o f South Jason Street a di st ance of 46 0 feet more or less t o t h e c e nter line of West Ham p den Avenue also k n own as U.S. Highwa y 285; Thence West a distance of 350 feet more or 1 ss to the East right-of- way line of the A.T. & S. F. Ra ilro ad ; Thence Northeasterly along s aid 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 less; Thence North a distance of 470 f eet 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. 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 Election Code of 1965, as amended, insofar as the same ma y be applicable . Se c tion 3. No vote, e'ther for or agains the question to be submitte at said special election, shall be received or permitted by the Judges of election unless the person offering the same shall be a qualified elector of the District. A qualified elector of the District is one who is e1ther a "resident, "landowner", or a "lessee" as these terms are def1ned below: "Res1dent" Slates and a years of age place in the means one who is a citizen of the United res iden t of the State of Colorado, 18 or older, who makes his primary dwelling District. "Landowner" means the owner in fee of any undi vided interest in real property or any improvement, perman- ently affixed thereto wi thin the District. "Owner in -3- • I • • I • • • • .. Fee~ includes a contract purchaser obligated to pay genera l taxes, an heir, and a devisee under a Will admitted to Proba te and do es not include a contract seller of property with re- spec t to which the contract purchas er is deemed to be the owner in fee. "Lessee" means the holder of t he lease-ho ld interest in real property wit h in the Dis t r ict. "Lease -hold Interest" does no t inc lude a l icense or mere contract right to use real property with~n the District. Any landowner or lessee which is not a natural person may vote only if it designates by some official a ction a representative thereof to cast its ballot. Section 4. The qualified electors of the Distr ict shall vot e at said special election by sect et paper ballot, either by submitting an absent voter ballot or by appearing and casting a ballot at the polls. Voting machines will not be used. Section 5. Qualified electors of the District who meet the requirements of the Colorado Municipal Election Code of 1965, as amen ded, relating to absent voter balloting, and who intend to vote by ab sen t voter ballot , may obtai n informat ion and apply for and receive an absent voter ballot at the office of the Director of Finance, Ex Officio City Clerk, at City Hall, 3400 South Elati Street, Englewood, Colorado, at any time during regul ar b u siness h ou rs on or before Frida y , the 8th day of September, 1978, by following the procedures set forth in said Election Code. Sect~on 6. The Englewood Election Commission shall establish precinct or precincts and appoint the election judge s and cle rks for each such precinct or precincts as provided in the said Colorado Municipal Election Code or the City Charter. Sect1on 7. The Director of Finance, Ex Officio City Clerk, and all other prope r officials of the City of Englewood shall give Notice of said special Municipal election, whi ch Notice 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 i n eac h precinct or precincts at least ten (10) days before sai d special e l ection. Said Notice of special election sha ll be in substantially the following form: NOTIC E OF SPEC IAL EL ECTION CITY OF ENGLEWOOD, COLOP~DO DOI\'NTO\VN DEVELOPNENT AUTHOR! rY SEPTEMBER 19 , 19 7 8 NOTIC E IS HEREBY GIVEN that at a special el e ction to be held at the polling place hereinafter designate d on T u esday, the 19th day of September, 1978 , between the hours of 7:0 0 o'cloc k A.M. and 7:00 o 'clock P.M., there shall be submitted to the qualified electors of the District the following question : Shal l a Downtown Development Authority be formed pursua n t to Part 8 of Article 25 of Title 31, Colorado Revised Statutes, 1973, as amended , to serve a public use, to promote health, safety, prosperity, security and welfare of the inhabitants of the muni cipality and to halt and prevent deterior- ation of property values in the central business district, thereby empowering the Council of the City of Englewood to assess, l e vy and col lect an ad valorem tax upon the taxable property within the jurisdiction of the Authority not to exceed five _(5 ) mills fo~ the use and benefits of the Authority , said Authority to exercise its powers wi t hin the District in the City of Engl e wood l o bounded as foll ows : Beginning at the Northeast corner of the Southwest Quarter of S e ction 34 Township 4 Sou th, Range 68 W st of the Gth Principle Meridian; th ence Sou th a long the Eas t l in e of South Quarte r section GGO feet more or less to a point which is intersected by the center lines of South Broad"ay and Eastman Avenue, this being the true point of beginning: Thence East along the centerline of East Eastnan Av enu e a distance of 509 f et more or less to the centerline of the alley between South Lincoln Street and South Sherman Street; Thence sout h along S<'~id centerline a distance of GGO feet more or less to a point on the centerline of East Floyd Av nte Thence E::~st along sa id center line of East Floyd Avenue a distance of 326 feet more or less to the centerline of the alley bet• en South Sherman Street and South Grant Stree t; Thence South along said center line a distance of 1140 feet n.ore or less to a point on a 1 i ne project d f rom the North line of Lot 30, Block 7, Pr em ier Additlon; Thence East a distance of 489 feet more or less to the centerline of South Loga n Street; Thence South along aid enterline of South Tnga n Street a distance of 50 feet; Thence East a distan ce of 163 feet more or less to the centerline of the alley bet¥een South Logan Street and South Pennsylvania Street; Th nee South -5- • I I • • .. along said centerline a distance of 845 feet more or less to the centerline of East Jefferson Avenue, 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 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; Th ence 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 t o 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 Street; Thence South along said center- line of South Bannock Street a distance of 90 feet more or less to a point on a line projected from the South line of Lot 63, Block 5, Skerritts Addition, 2nd Filing; Thence West a distance of 163 feet more or less to the centerline of the alley between 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, Skerritts Addition, 2nd Filing; Thence West a distance of 177.5 feet more or less to the centerline of South C~erokee Street; Thence North 25 feet to the centerline of West Ithaca Avenue; Thence West along said centerline of West Ithaca Avenue a distance of 163 feet to a projected 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 distance of 163 feet more or less to the center line of South Delaware Street; Thence South 12.5 feet; Thence West 163 feet more or less to the centerline of the alley between South Delaware Street 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 less 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; Thence East a distance of 2592 feet more or less to the c e nterline of South Bannock Street; Thence North 192 feet more or l e ss along the centerline of South Bannock Street; Thence East a distance of 163 feet more or less; Thence North a distance of 470 feet more or less to the centerline of West E a stman Avenue; Thence East a distance of 509 feet more or less to the true point of beginning. T he purpose of the proposed Downtown Development Author i ty is generally to serve as a vehicle for planning and improv i ng the above described central business district by -6- • I • • • • • • the exercise of the powe r s gran t ed to it by t he governing Statute. A Qual ified elector of the Distri ct i s o ne who is either a "Reside nt", a "Landdown er", or a "Less ee" as he s e terms are def ined below: "Res i dent" means one who is a cit i zen of the Un ited States and a re s ident of the State of Colorad o, 18 years of age or older, who ma kes his primary dwelling place in the Distr1ct . "Landowner" Means th0 owner in fee of any undivided iule rest in 1e<1l p r operty or any improvement, permane n~l y affixed thereto within the fJis trict. "Owner in Fee" includes a c ontract purchaser ob ligated o pay general taxes, an h• i r, and a devisee under a Wi l l admi ted t o Probate a nd does not include a contrac t seller of property with respect to which the c ontract purchas er is deemed to be the owner in fee. "Le ssee" means the holder of the lease-hold 1nterest in real property within the Distr1ct. "Lease-hold Interest" does not i nclude a lic ense or mere contra ct right o use rea l property within the Distr ict. Those qualified electors of the Dis tr ict who are other - wise fully qual1fied to vote on said question a t said elec tion, but shal l be absent from their precincts on the day of said special election, or who by reason of their work or the natur of the ir employment are likely to be ab sent and fear ha they will be absent from their precinc on the day o f said special elect1on, or who berause of SPrious 1llness or physical d1sabil 1.t.y, or who fo1 reasons based pon th doc tr1 n s of a n established r l1gion s h 11 be unable to att nd the polls, may apply in wri ing at thP off1ce of the D1rector of Finance, Ex Offic1o Ci y Cl~rk, at C1ty Hall, 3400 S. Elati Street, Englewocd, Colo~ndo, for abse nt voter allots at any i me during r gular bus1ness hours on orb fore Friday, September 8, 1978. Th El ct1on Comnnssion has ef' ilbl i s h ed, for he purposes of sa1.d sp c1.al elec ion only one elec 1.on prec1nct , the poll ing place for wh1ch shall b the Communi y Room in h Englewood C1ty Hall, 3 40 0 South E lati S reet , Englewood, Colorado 80110, and he bo undar1es of which shall be the same as the bound, nes of thf• proposed Distr1ct . T he absent voter -7- ,. I • • f - r • • • ,. • polling place shall be the Office of the Director of Finance. Ex Officio City Clerk, Englewood rity Hall, 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 prescribl'd by law for other Municipal Elections. IN WITNESS WHE REOF, the Council of the City of Englewood , Colorado, has c aused this Notice to be given. (CITY SEAL) /s/ D~rector of F~nanr.e 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 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 BA LLOT CITY OF ENGLEWOOD STATE OF COLORADO SPECIAL ELECTION SEPTEMBER 19 , 1978 (Each lector des~rous of voting FOR or AGAINST the following question shall designate h~s or her choice by placing a cross (X) in the square opposi e he words expressing his or her choice.) Shall a Do wntown D velopment Authority be formed pursuant to Part 8 of Articl e 25 of Title 31, Colorado Revised Statutes, 1973, as amended, to serv a public use, to promote health, safety, prosperi ty, security a nd welfare of the inhabitants of the municipality and to -8- • I • I I t ( l • • • • halt and preve nt de er1orat1on of p roperty values in the central busine ss distr ict , t hereby empower- ing the Council of t he C1ty of Englewo od to assess, levy an d collect an ad valorem tax up o n t he taxable prope rty w1th1n the j urisdic t1on of the Authority not t o exc eed five (5) mills for the use and benefit of the Authority, said Auth ority to exer- cise its powers w1thin the district in t he City of Englewood to be bound ed as follows: Beginning at the Northeast corner of the Southwest Quarter of Section 34 Tow ns hip 4 South, Range 68 West of the 6th Principl e Meridia n; then ce South along the East line of South Qua rter sectio n 660 feet more or less to a point which is intersected by the center lines of South Broadway and Eastman Avenue, this being the tr ue point of beginning: Thence East along the ce nterline of East Eastman Avenue a distance o f 509 feet more or less to the centerline of the alley between South Lincoln Str ee t and South Sherman Stre et ; Thence south along said c enterline a distanc e of 660 feet more or less to a po i n t on the ~en t erl ine of East Floyd Avenw Thence East along sai d centerline of East Floyd Avenue a distance of 326 fee t more or less to the centerline of the alley between S ou t h Sherman Stree t 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, Pre mier Add i tion ; Thence East a distance of 489 feet more or less to the c enterline of South Logan Stree t; Thence South along said centerline of South Logan Street a distance of 50 feet; Th ence East a distance of 163 feet mor e or less to the centerline of the alley between Sout h Logan Street and South Pennsylvania Street; Thence South along said centerline a distance of 845 feet more or l es s to the center line of Eas t Jeff rson Avenue, also known as U.S. Highwa y 285; Thence West alo ng said center l in e of U.S. Highway 285 a di stance of 824.5 fe t more or less to the centerline of South Sherman Street ; Th nee South along sai d centerline a dis tance of 175 f et mor o r less to a point on the projected South l ine of Lot 44, Block 2, Higgins Broadway Addit ion ; Thence West a distnnc ot 1 1 6 8 fe et more or less to the e n ter- line of t he a lle y bet~ePn South Bannock Street and South Aroma Str et; Thenc North a distance of 680 feet more or le s to the centPrline o f U.S. 28 5 , Thence No rthwester ly along s a id cente11lne of U.S. Hi g hway 2 8 5 to a point whi ch is the center - line of South Bannock Street , The n ce South along said center- line of South Banno c k Street a distance o f 90 f e et more or less to a point on a line projected from the South line of Lot 63, Block 5, Skerritts Addition, 2nd Filing; Thence West a distance of 163 feet more or 1 ss to the centerline of the all y betw en South Bannoc k Street and South Cherokee Street; Th nee South along said cen t e rline a distance o f 300 fe et to a line projected fr om Lot 18, Block 5, Skerritts Addition, 2nd -9 - • () I • I - (f ((. • • • • Filing; Thence West a dis t ance of 177,5 feet more or less to the centerline of Sou th C~erokee Street; Thence North 25 feet to the centerline of West Ithaca Avenue; Thence West along said centerline o f West I t haca Av e nue a distance of 163 feet to a projected centerline of the alley between South Cherokee Street and South Delaware Street; Thence North along said cen t erline 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 distance of 163 feet more or less to the centerline of South Delaware Street; Thence South 12,5 feet; Thence West 163 feet more o r less to the centerline of the alley between South De laware Street and South Elati Street; Th e nce South along said c e nterline a distance of 167.5 feet more or l e ss to the centerline of West Ithaca Avenue; Thence We st along said Centerline of West Ithaca Avenue a distance of 1793 feet more or less to the centerline of South Jason Stre et ; Thence North along said centerline of South Jason S t r ee t a distance o f 460 feet more or less to the centerline of West Hampden Avenue also known as U.S. Highway 285; Thence West a di s tance of 350 f e et more or less to the East right-of- way line of the A.T . & S. F. Railroad; Thence Northeasterly along said Ea s t ri g ht -of-way line a distance of 1156 feet more or less; Th ence East a d i stance of 2592 feet more or less to the centerline o f Sout h Bannock Street; Thence North 192 feet more or less along the cente rline of South Bannock Street; Thence East a di sta nce 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 o f beginning, YES /~ NO OFFICIAL BALLOT FOR SPECIAL ELECTION HELD IN THE CITY OF ENGLE WOOD, COLORADO, ON SEPTEMBER 19, 1978. -10- (facsimile sign atu re ) Director o f Finance Ex Officio Ci t y Cl erk City of Englewood , Colorado • I • • I ...... • • • .. Section 9. If the esta bl is hm e nt of the proposed Dow n town Deve lopment Authority is approved, an ad valorem t ax not to exceed five (5) mill s ma y be as s essed, levied and colle cted by the Council of the City of Englewood, Colorado, for t h e use and benef i t of t he Authority in accordance with the pro- v i sions of Part 8 of Art i cle 25 of Title 31, Colorado Revised Statutes 1973, as a mended. Section 10. The votes cast at speci a l election shall be canvassed the returns thereof made, and the results thereof declared in the manner provided by law for the canvass, return and declar- at i on of the result of votes cast at regular Mun icipal elec t i ons for the City of Englewood, Colorado. Section 11. If a ma j ority of the qualified electors of the District voti ng on the questi~h set forth here i nbefore to be submitted at s a id special election vot e for the e s t ablishment of the propose d Downtown Development Authority, the Counc il shall proceed f o r t hw i th by Ord i nance to establish sa i d Authority. Section 1 2 . If any sect i on, paragraph, clause or provision of this Ordinance i s j udicially judged invalid o r unenforceable, sa i d judgment shall not affect, impair, or inva l idate any of t he remaining sections, paragraphs, clauses, or provisions of th i s Ordinance, the intent i on be i ng that the var i ous sections, p ara gra p hs , clau ses o r p rovi s ions hereo f are s e verable. I n troduced, re a d in f u ll an d pa s sed on f i rst read i n g the ~1_7 ___ day of July , 1978. 1978 . Published as a Bill for an Ordin an ce on J u l y 19, Read by Title and passed on fi n al reading on the 7th day of Augus , 1978. Published by Title as Ordinance No. SeriP.s of 1978, on the 9th day of August, 1 9 7 8. MAYOR -11- • I . I - f • • • • ATTEST: Ex officio City Clerk-Treasurer I, William D. Jmaes, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1978. Ex officio City Clerk-Treasurer -12- • I f • • • .. - INTRODUCED AS A BILL BY COUNCILIP.N Mann 6 4 BY AUTIIORITY ORDINANCE NO. , SERIES OF 1978. AN ORDINANCE CALLING ll. SPECIAL HUNICIPAL ELECTION FO R 'l'HE PURPOSE OF SUBMITTING THE QUESTION OF THE ES TAB L I SHMENT OF A DOWNTOWN DEVELOPMENT AUT HORITY TO A VOTE OF THE QUALIFIED ELECTORS OF THE DISTRICT AND PR()'7 lDING FOR THE CON DUC T THEREOF . WHEREAS, t} :i ty Cou L of the City of Englewood , Colorado has determirt L and doe 11ereby determine that it is necessa ry to establish a Downtown Development Authori ty fo r the public he alth, safety, prosperity, security and welfare and to halt and prevent deterioration of property values in the central business district; and WHEREAS, it is first necessary to submit the question of the establishment of su c h an Authority to a vote of the qualified electors of the District within whi ch the Au t h ority is to exercise its powers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. Pursuant to Part 8 of Art ic le 25 of Title 31 , Colorado Revised Statute s, 1973 , as amended, there shall be submitted to a vote of the q~alified electors of the Dis t rict here inaf er described at a spe ci al election to be held for that pur pose on Tuesday, the 19th day of September 1978, between th hou s of 7:00 o'clock A.M . and 7:00 o 'clock P.M. at the polling place hereinafter designated, the follo wing questi on: SHALL A DOWNTOWN DEVELOPMENT AUTHO RITY BE FORMED PURSUANT TO PART 8 OF ARTICLE 25 OF TITLE 31, COLORADO REVISED STATUTES, AS AMENDED, TO SLRVE A PUBLIC USE, TO PROMOTE HEALTH, SAFETY, PROSPERITY, SECURITY A D WELFARE OF THE INHABITANTS OF THE MUNI- CIPALITY AND TO HALT AND PREVENT DETERIORATION OF PROPERTY VALUES IN THE CE TRAL BUSINESS DISTRICT, 'fHEREBY EMPOWERING THE COUNCIL OF THE CITY OF ENGLEWOOD TO ASSESS, LEVY A D COLLECT AND AD VALOREM TAX UPON THE TAXABLE ROPERTY WITHIN THE JURISDICTION OF THE AUTHORITY NOT TO EXCEED FIVE ('i) MILLS FOR THE USE AND BENEFIT OF TilE AUTHORITY, SAID 0 I • • • • • • AUTHOF~T. TO XERClSE I~S PO~~RS WITHIN A D''IRICT IN 1Ht: ~l"'Y OF ENGLEWJOD, TO BE BOU OED AS FOLLOWS Beginnl.ng a:t the N0rtheast fOI'ner of the Sou·· >lwest Quarter of Section 34 Township 4 Soutn, Range 68 est of the 6th Principle Meridi an; thence South aJong the Ea~, .t.i nc ., Sou h Qu art e~ sec tio n 660 feet more or lc~s t~ a point wh:fcn s ntc-r ected by the center lines of SoutJ· Broadway and E:1• · an Avenue , this btdng the true point f beginning : 7nPnce East alon 6 toe cen~er~ine of East Ea tm1o Avenue rllstar~e ot 5 9 r ,e t :n0re or le~s o the <·ent l int> o! t 1e alley b t~ecn :cuth Llncoln Stre~t and South Jherman Gtrce~; lhence south <!long said centerline "istance of G60 feet rn ~~·e or ]('s .. to a !"'int on the cente'"line of East Floyd Ave me; Th ·'nee Ell'' .. long Said ..;nte. l ine of East Floyd Avenue ~ di stance ol 326 fee ! more or les~ to the centerline oJ •he alley hetween Sou h Sherman Street and South Grant Stree~; 1hrnce South along ~aid cen terline a distance of 1140 f~e t rn re 01 ess to a puin ~n a •ine proJected from the Nor~h l"ne of Lot 30, Block 7, Prt'ml.er A dition ; Thence East a distance of 489 feet mar~ n~ lesF •o th n center ine of ~ou h Logan Street; 1hPnc£· South alung SaJ.d c~:nterline o Sou h Logan Street a dist: nee of 50 teet; h e nce East a dis tanct~ of 163 f et more or l ess to the c nterl1ne of ~he alley between South Logan Street and South Pennsylvania Street; Thence South along said centerline a distance of 845 feet more or less to the centerline of East Jef f rson"Avrnue, aJso known as U.~. Highw ay 285; Thence West along said c-enterli ne of U.S. Hi,..,hway 285 a distance of 824.5 c •·t 1uore r 1 .sco to the CP '1ter li r. of South Sherman Str£o -t; "lhenc South a ong said cen .erline a distance of 175 i et mo re or 1 s o a point on the pro:e<'ted South line of Lot 44, Blo c k 2, Hjggi n• r o d"'ay .Ad 'itio ; fhence West a distance of J lflfl f<>€'f mc.rc or css co the C<'Dtf'--line of t he ~lhy he Street; Thence Norft. a or lcrs to the centerline of II.S. '.nth'IIPstcrly alon• sai. centerline of U.S. Hi hv... o • Jilt which is + 1 c-Pnt r- llne of South Bann~>c.-St t;Ct, 'fh enc South along said c en er- 11ne of South Hannoc St <l a distance o! 90 fre t more r 1 ss to a point l)n a line ro .. 1e tell from <he Soun. 1 nc of Lot 63 , Block 5, s •rritt Add. on, 2nd FilJng; ThcL~e st dl!,tanc . of 163 feet mo ' lE·ss t o the centerline ot the alley between ~ullth Uarmock Street and South Ghc r0lt c Street; Th •nr.e So11th along said .enterl1r1e a d1.stance ()f 00 Jee t to a line projected from Lot 18, Block 5, Skerr~tt!; Add t on, 2nd Fil1.ng; Thence West a distance of 1 7 7,5 f~e mo e >r lesn to the centerline of South C~er kee Street; Thcnc N th 25 feet to the centerline of \\'est Ithaca AveniJ ; Th nc ,, 'ol"e::.t along sa 1d ntcrl1nc of llest Jth ca A ·enue a istall e o.t 163 f et to a projected c£·nterlinp of the all • · b t ~cen S11uth Chero ee Stlo• t and South Delavan~ StrLet; ThPnce Nort h tnnr: ·aid c•nterli ne a distanc . o. 180 feet more o~ le s to a line pro- j ctcd from th e North line of I~t 11, Block J, Skelrjtts 2- • D I • • I • • • • Addition; Thence We t a ista~ce of 163 fee\ more or less to the centerline of South Delaware Stret:>t· Tho•re South 12.5 feet, Thence West 163 feet mo r or less t0 the zenterl~ne of the alley between South Delavare Street and South Elati Street; Then e outh al0ng said center} ne a distance of 167.5 fee~ mort> oi' 1 ss to the centerline of West Ithaca Avenne ence We~l along &aid Centerljnc of lest Jthaca Avenue • dis an e cf 1793 feet more or less to the cent~rline of South Ja on Str. Thence North along ~aid ~cnterlinq of SoutL Jasc Jts arcp f 460 iapt nnre or less ·~ the center ~~ '> d.tm 1,Jen Avenue lso knol'"l as U.S. Highw<~y 285· he11ce p t a d1 t nre of 350 feet rrore or l~ss t c Eas~ ri~ 'lla.) in of the A • & S. F. Rai ~oao Thence No .. t-hp.l<-t ... l r along ,aid East right-of-~ay line a di~tance of 11~6 f~e~ more or 1~ b, ThPnce East a d1s ance f 2592 feet moru or less o he cnterlinc of South Bann ck Street Thence Nort 192 fLet more or less along the ceut~rline of South Bannock s•1eet; 1hence Eas~ a di~t·nce of 163 feet more o less; hence ·ort h a distance of 470 feet More or Jess to the ccnterlin~ of West Eastman A •nue; Thence East a distance of 509 fPet mor~ or les to the tr.Je po i n of beginning . Said special elec 1on shall be held and conducted in accordance wit the Cha4ter of the Ctty of Englewood, the Constitution of the State f Colurado, and the Colorado Munici- pal El ection Code of 1965, as amended, 1nsofar as the same may be applicable. No vote, ei~her for or againR~ the nupp•4on o be SdJnoit at said spec1.al el'-ct' '1, ahall b ,...,c<>i •ed or perroi teci by the Judgeb of lect LOn ..1.11 ess the pe~son of er1ng th bdiTe shall be a qual1fied lector of th 1str1ct. A qual1f1ed elector of the Distr1c e1ther a "resident, "landowner", 01 a "lesse <He def1n~d belo'l: ts one who is " as these terms "Hesident" States and a y ars of age place in th . means one who is a cit zen of the Unlted resident of the State of Colorado , 18 or older, who m kes his pr1mary d~e ling Distrj ct.. "I,a downe1." means the own r n f E' of any undivi ed intPrest in real prope ty or ny 1mpro•ement, perman- ently ffix d thereto within thA Dlstrict. "Owner in -3- • 0 I • • I - ( • • • Fee" i n cludes a con tract purchaset obl1gated to pay general taxes, an heir, and a devisee under a Hil l admitted to Probate and does not. include a c o ntract s eller of proper ty with re- spect lo which the cont ract purchas er is Jeemed to be the owne in fee . "Le ssee" mean s the hol der of ~he lease-hold interest tn real prop erty within the Disu:ict . "Lease-hold Inte r est" does not inc 1 'ldc a 1 'cense or mere contr a ct rig ht to use re al property with1n the D1 stricL P~y andowner or lessee which 1s not a natural person may vote only if it destgnates by some official action a representat ive the reof to ca st its ballot. Section 4. The qualified electors of t he District shall vote ac :>ai d special e lect ion by secu~t paper ballot, either by submitting an absent voter ballot or by appeartng ann ~asting a ballot at the polls. Voting machtn es will not be us <n. Section 5 . Qual1f1ed electors of the Dtstrict who meet the requirements of the Colorado Muni c ipal Election Code of 1965, as amended, relating to absent voter ~llot1ng, and who intend to vote by ab sent voter b allot , may ob a1n 1nformat1on and apply for and receive an absent vo er bal lot at the office of the Director of Finance, Ex Offtcto Ctty Clerk, at City Hall , 3400 South Elali Street, En glewood , Colo ado, at any time during regul ar b Slnu; !.o urs on ')r Defore Friday, the 8th day of September, 1978, by fo~l0~1ng he proc dJres set fo r th in said Election Code Section 6. Th Englewood Election ornm1ssion shall e&lablish precinct or precincts nd appoint Lhe lect~on judges and clerks or each such prec·inc or preclnct.s as provid d tn the said Colorado Mun1cipal Elec ti on Code or the Ci y Charter. Section 7. The Dir~ctor of Ftnanc., Ex Offic1o City Clerk, and ll other proper offici ls of the City of Englew0 d shall g ive Notice of said Sf' ial Municipal lecdon, which Netic<! shall be pub l ished in th manner 1nd for the length of tim r quired -4 - 0 I • • I ( • • • • b law, a nd's a d" .rector nf Finance, F.· ffHJU C'ty Cle 1<, i s fu 1ther 1nstructed to post a copy of ~ai d Not1ce at the polling place in each p1ecinct or precin cts at least ten (10) days before sai d special election. Said NotJce of specia l election shall be in suhstanti lly the following form: IJ')'J'ICE OF SP !Tl AL EJ FCT.l.ON C t 'l' Of' E. 'G LEWOOO C OLOAADO DOh'NTO\VN DI:.VELOPnENT AUTH0lU rY SEPTEMBER 19 , 19 78 NOTICE IS HEREB':l: (,JVEN that a t a specJ.al election to be held at th polling p lace he1e.nafter des ign a t e d on Tuesday, the 1 9th day of Sept~nb~r, 1978 , between the hours of 7:00 o ' lock A.M. dnd 7:00 o 'clock P.M., there shall be tiUbmittcd to the qudll fied electors of the Di strict the following q .Jest ion: Shall a Downto'l\•n Development Authori ty be formed pursuant to Par 8 of Article 25 of Title 31, Colorado Re ised Statutes, 1973, as amend d, o serve a public use, to promote hea lth, safety , prosperj ty, security and welfare of the 1nhabita~ s of the munic1pal1ty and to halt and prevent dete rtor- ation of property values in the central business 1str1ct, the1.e by empower ing the Council of the City of Englewoo d to assess, levy and collect an ad valorem tax upon the taxa 1 property ~ithin the jurisdiLtio uf the Authority not to exc•cd five (5) m1lls fo1 the l!>e and benefit::. of the Aut hority, said At thority to exe 1ci se its pOW(L& within t he District i~ the CiLy f En~l c woo 3 o bou. drd as fol s: Beginning .dt the l'\c11 th eas t < o nll r of th ~ South,·C'~t Qu:n·ter o f St•ct ion 34 Township ·1 s( u t hI R:lll ge &8 I'. est o 1 the Gth Pl·inciple ~:er'idian; lhP l.cc South alon t~ the E.• t li~ t o th oa 1·ter l.t1on llG fCL .nc. ,, , 1.!>5 o pol Jntel:;uctr·d t.Jy th e C<nt<J li.r of Sntl th £11,; La t,.. n /1\'<·nu~, 1lii!. bcjug tJ,~ {lUC Jl'>l llt of hc•[,l1'1in,; J'IJ~IHe East along th~ lLnlerlin of Fast I::~btr.an JIIIC a •11 tan e of 50 9 fp t more or l ss lo the ccutr>1 1 l•c ui th al l.:} bul~(·cn Sou h Tiu ~,;u ln Street :and South h .. rman:Slr(et; Thente uu th a l ng ·;~i d r:.ntcrlinc a di!:.1anc" •1 r f t llc>l'c o• lt•"'S to a poin t o n the centerline of f.as t tloy A vt>ntt> Thence E:,st :>lu•lg s.lid (cn t 13r liiP of F.;tst Floyd A\tnue a <li ·t nnce f 3L6 fePt rno re or l css to the center·] ire of the dlle y but wLen South Sh v 1·m an Street an d South G1ant 'tre •t; Thence Sou th 1long sa1d Lent .r linc a di tancc> of 1140 feet n.orc o les to point on a l1 nc projl! t(•d fru10 ht rth llJ•<· of Lot 30, 81o k 7, P1 -icr Adll:it ion, Th.:nc Eat ditit~ncu uf 4H9 fc>ct more or less to the ce nt erl ine of South !~can St1r ·t; Thenc .outh alon~ sa1d enterline o f South l.c>ra n Str< et a di ·tance o f 50 feet; The nee fast a di!:;tan ' • of 163 r~·et r urc or 11 ss to tl.e ce:nt,•rlint.? of th • al cy hcl c:•c•n L uth I.og n L trPet. and . ou th Pc_.nll<,yl •ani Str~.;et; Th nc·. Sou th -5- I • • I • • • • alon g said c~nterline a distance of 845 fe Pt more or l ess t o th e centerline of East Jefferson A enue, a l so known as U.S . Highw a y 285; Th enc e Wes t along s aid ce nterlin of U.S . Highway 28 5 a di stance of 824 .5 feet more or less to the cen t erline of South Sherma n Street; Then ce S ou th alo ng said centerline a dist ance of 175 fee t more or less to a po1nt on the project e d South line of Lot 44 , Block 2, H i gins Broadway Add ition; Thence West a distance of 1168 feet more 01 l ess o the center- line of the alle y between South Bannock Street and Sout h Acoma St ree t ; Thence North a distance o f 680 feet more or less tr the center line of U.S . 285; T henc e Northwesterly along s i centerline of U.S . Highway 2 8 5 to a point wh ich i s the center l "ne of South Bannock Street ; fhence South along sai c~nter­ lin e of South Bannock Street a distance of 90 f eet more o less to a ~Joint on a }j ne proj e c ted from the South l inc of Lot 63, Block 5 , Sk erri tts Add i tion , 2 nd Fi ling ; Thence WPst a distance of 163 feet more or less to the centerline of the alley between So ut h Bannoc k Street and Sout h Cherokee Street; Thence Sou th along said centerline a distance of 300 f et to a line projected fro m Lot 18, Block 5, Sker r itts Add i tio n, 2nd Filing; T hence 1 s t a di stance of 177 .5 feet more or l ess to the cen t erline of Sout h C11 erokee Street; Thence North 25 f et to the centerline of W0st Ithaca Avenue; Thence West along said centerline of West I tha c a Avenue a distance o 163 f et to a proj ected centerline of the all y between South Cherok e Street and South Delawa re Street; The n ce Nor t h along said centerline a distance of 180 feet more or less to a line pro- jected from the North lj n o f Lot 11, Block 1, Sk rri tts Addition; Thence W st a distance of 163 feet more or l ess to the center l ine o f South De l aware Street ; Th enc e South 12 .5 feet; Thence West 163 feet more or less t o the cen terline of the alley betwe en Sou th De laware St r eet and Sou th Elati Street; Thence South a long said center line a distancp of 167 .5 feet more or less to the centerlin of West Ithaca Avenue; Thence West a l ong sa id Centerlinp of W ~s t Itha ra Avenue a iist1nce o f 1793 feet mo.l"e or less to the re nt:erlinP of Soutt> Ja::.on S t r et; Then e North a long a1d ~~nt rl1ne of South Jaso n Street a distance of 460 feet more or l>ss to the ce n tetl1 n of \lesl Ham den Av~onuc also know n a::> U.S. Highway 285; Thence ~est a distance of 350 fee t more or less to the East right -of- way lin of the .T. & S. F . Railroad, T h ence ortheasterly along sa i d East right -of-way lin a dJstanc of 1156 f ee t 1nore or le s; Th.:ncf~ Ea!:;t a d1stance of 25 92 feet more or l ss to tl•e cent~.;1line of Son th B.Jnnock Street; Thence North 192 feet m<>rt'! o Jes~::> alon the cl:'nterli ne of South Bannock Street; Titen ·e Ea~::>t a ~istance f lb3 feet mor or l ess; Tl•ence North a djst nee of 470 feet more or l es s to the centerl i ne of est Eastman Avenue, Thence East a dis tantc o f 509 feet mor e or less to the true point o f be•inning . The p urpose of the proposed Downtown De velo pme nt Author~ty is generally o serve as a v hi cle for pldnning and improving the above d scribed c entral bu siness d1s ric by -6- • r 0 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 "Res i dent", a "Landdowner", or a "Lessee" as the s e terms are def i ned below: "Resident" means one who is a citizen of t he United State s .and a r esident of t·he State of Colorado, 18 years of age or older, who make s his primary dwelling place in the Distric t. "Landowner" Means th owner in fee of any undivided i11 e rest in re a l property or any improvement , permanentl y affixed thereto within the Dis trict. "Owner in Fee" includes a contract purchase r ob ligated to pay general taxes, an h i r, and a d visee under a Will admitted t o P robate a ud does not include a contract seller of property with respect to which the contract purchas e r is deeme d to be the owner in fee. "Le ssee" means the holder of the lea se-hold interest in real property withi n t he District. "Lease-hold Interest" does not include a license or mere contract right to use real p r operty within the District. Those qualifi e d electors of the District who are other- wise fully qualified to vote on said question at said election, but shall b e absent from the ir 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 il lness or physical d1sability, or who for reasons based upon the doctrines of an establ ished 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 Street, Englewood, Colorado 80110, and the boundaries of wh ich s hall be the same as the boundaries of the proposed District. The absent voter -7- • 0 I • • f - ( • • • • polling place shall be the Office of the Director of Finance. Ex Officio City Clerk, Englewood 'ity Hall, 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 prescribl!d by law for other Municipal Elections. 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~nance 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 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 be formed pursuant to Part 8 of Article 25 of Title 31, Colorado Revised Statutes, 1973, as amended, to serve a public use, to promote health, safety, prosperity, security and welfare of the inhabitants of the municipality and to -8- • I • f ( • • • .. halt and prevent deterioration of property values in the central business district, thereby empower- ing the Council of the City of Englewood to assess, levy and collect an ad valorem tax upon the taxable property within the j urisdiction of the Authority not to exceed five (5) mills for the use and benefit of the Authority, said Authority to exer- cise its powers within the district in the City of Englewood to be bounded as follows: Beginning at the Northeast corner 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 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 Street and South Sherman Street; Thence south along said centerline a distance of 660 feet more or less to a point on the ~enterline of East Floyd Avenue; 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 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 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 feet more or less to the centerline of the alley between South Logan Street and South Pennsylvania Street; Thence South along said centerline a distance of 845 feet more or less to the centerline of East Jefferson Avenue, 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; Th e nce South along said 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 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 Street; Thence South along said center- line of South Bannock Street a distance of 90 feet more or less to a point on a line projected from the South line of Lot 63, Block 5, Skerritts Addition, 2nd Filing; Thence West a distance of 163 feet more or less to the centerline of the alley between South Bannock Street and South Cherokee Street; Thence South along said centerline 8 distance of 300 feet to 8 line project d from Lot 18, Block 5, Skerritts Addition, 2nd -9- • 0 I • • • • • • Filing; Thence West a dis t ance of 177.5 feet more or less to the centerline of South C~erokee Street ; Thence North 25 feet to the centerline of We st Ithaca Avenue; Thence West along said centerline of West Ithaca Avenue a distance of 163 feet to a projected 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 distance of 163 feet more or less to the centerline of South Delaware Street; Thence South 12.5 feet; Thence West 163 feet more or less to the centerline of the alley between South Delaware Street and South Elati S t reet; Th e nce 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 S t reet a distance of 460 feet more or less 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 e nce 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 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 o f beginning. YES /~ NO OFFICIAL BALLOT FOR SPECIAL ELECTION HELD IN THE CITY OF ENGLE WOOD, 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 e stablishment of the proposed Downtown Development Authority is approved, an ad valorem tax not to exceed five (5) mills may be assessed, 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- visions of Part 8 of Article 25 of Title 31, Colorado Revised Statutes 1973, as amended. Section 10. The votes cast at special election shall be canvassed 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 ma j ority of the qualified electors of the District voting on the questi~n 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 sa id Authority. () Section 12. If any section, 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 prov i s i ons hereof 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, Read by Title and passed on final reading on the 7th day of August, 1978. Published by Title as Ordinance No. Series of 1978, on the 9th day of August, 1 978 . MAYOR -11- ,. I • • I • • ( • • ,. • ATTEST: Ex officio City Clerk Treasurer I, William D. Jmaes, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1978. Ex officio City Clerk-Treasurer -12- • 0 I • • I ( ( ( • • • ,. • INT RO DUCED AS A BILL BY COUNCIIJl~.N Man :.:n __ _ __ 6 4 BY AUTHORITY ORDINANCE NO. , SERIES OF 1978. AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION FOR THE P URPOSE OF SUBMITTING THE QUE S TION OF TH E ESTABLISHMENT OF A DOWNTOWN DEVELOPMENT AUTHORI 'I'Y TO A VOTE OF THE QU ALIFIED ELECTORS OF THE DISTRICT AND PRf)'7 1 DING FO R TH E CONDUCT THEREOF. WHEREAS, tl :ity Cou L of t he City of Englewood , Colorado has determi!ll and doe Hereby determine that it is necess a ry to establish a Downtown Developme n t Authorit y fo r th e public he alth, safety, prosperity , secu r ity a n d welfare and to h a lt a nd prevent deterioration of p r operty values in the c entral business district; and WH EREAS, it is first necessary to submit the question o f the establ ishment of such an Auth ority t o a vote of the q u a l i f ied electors of the District within which the Authority is to e x e rci se its powers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF E NGLEWOOD, COL ORADO , as follows: Section 1. Purs uant to Part 8 o f Article 25 of Title 31, Co lo rado Revised Statutes , 1973 , as amended , there shall be submitted to a vote of the qua l ified electors of the District hereinaf er described a t a special election to be held for that purpose on Tuesday, the 19th day of Sept ember 1978, between the hou LS of 7:00 o'clock A.M. and 7:00 o'clock P.M. at the polling plac hereinafter designated, the following question: SHALL A DOWNTOWN DE VELOPMENT AUTHORITY BE FORMED PURSUANT TO PART 8 OF ARTICLE 25 OF TITLE 3l, COLORADO REVISED STATUTES, AS AMENDED, TO SERVE A PUBLIC USE, TO PROMOTE HEALTH, SAFETY, PROSPERITY, SECURITY AND WELFARE OF THE INHABITANTS OF THE MUNI- CIPALITY ANu TO HALT AND PREVE T DETERIORATION OF PROPERTY VALUES IN THE CE TRAL BUSINESS DISTRICT, THEREBY EMPOWERI NG THE COUNCIL OF THE CITY OF ENGLEWOOD TO ASSESS , LEVY AND COLLECT AND AD VALOREM TAX UPON TilE TAXABLE PROPERTY WITHIN THE JURISDICTION OF THE AUTHORITY NOT TO EXCEED FIVE (5) MILLS FOR THE USE AND BENEFIT OF TilE AUTHORITY, SAID • () I • • ( ( • • • • 1 PTI10~tTY TO I XERCISE l'l'S Pui ;R WITHIN A D-r< 1 R I CT I >v '1' II f. ~ 1 T"" OF .ENGLE',/{/'lD , '1'0 BE BOUNDED AS FO,LOWS. Beginn1ng at the N~ctheast rorner of the Sou hwesA Qu ar ter o f Section 34 To\nsh ip 4 South, R nge 6g West of th~ 6th l~iocipl Meridl n; thenre outh a on~ t he Eas ite of S u u art~r se ction 6b0 feet more or lc s a po1 .t ~h r 1n t r~ected by the center lin s of Soul! Broadway a.d E ~an Avenue , this bLillg the true point ol hegin ing: r~cnce i bt Rlong the CeLter inc of ~ast En! t~ r dJstar_e of 50 9 f .e l ~ore or le£s o the cnte • tip alle} h t~1een So uth Ll ncoln Street r~nd ..,outh She1ma Str< r Ill nc~: south alo ng sajd centerline 1 ··istouce of 6GO ""<>et rno:e or less 1o a roint on the cente 'ine of East F1oy( Av~n~ 1hvuce Ea~t •lon &kid ,c nL~.lj~e of Ea~t Floyd Av nue a distance of 326 feL. mo~ or less to the centPr i~e of ·~P alley between Sou h Sherman Street and South Grnnt S"rP~1 Tlcnce South along 8aid renlcrline a distance of 114 frEt rn re 01 less to a J~int n" llne prOJJcted from the Nor~h line of Lot 30, Block 7, Pr~m1er Adrliiion; T hence East ~ dlstanc of 489 i e t mor~ or lcs c Lhe centertire of .ou h Logan Street; Thence South lllo ng aid centerjine of St>uth Logan St reet a di8tan< e of 50 feet; Thence East ::. distnnce of 163 feet more or 1 ss to the center l ine c1 t he alley bPtween South Lo an Street and South P<>nnsylvania Street; -bene Sou th along said centerline a distanre of 84~ fppf more or less to the centerline of East .Te f r~>o n'Av cn ue , a,lso known as U.S. Hjghway 285; Thence West along said centerline of V •• ~~ hwa 2R5 a distance of R24.5 f•e t mo1e or Jess to tht cPn rlin of South Sherman St.rct•t, 'lhenct South a lo ng ~:nd C('n erlln a dh,tance of 17!:> teet 11101 or 1Pss t o a point o n thP projecter:J South line of I~t 44, Block 2, Higgjn s B nadway Addition; fhence West a distance of 1168 feet mora or lc·s ~ c centrr- iu e oft t' llt.:y he "'•e1 ut B 11 •'k r ('t .nd :-...uth Atorra Street; Toence !'orth a dt<·tanc o 680 fo.•et morl or· '£ the cente rlin e of (I .S. ::!B5 Th t>nc~ Jorthv.est(>rly alonr centerline of U.S. Higlway 28!1 to • nt v;hlc 1s th li ne of South Bannock Stn ct, Thenc Sr uth a on rat l n of South H.1unock Stt t a d i ta1 ce of 90 f £>et 01 r les to a int on a li ne pnlJe.-1 d from the South lJnt. o f Lot n3, Blod 5, Skerrit1s Addi ti on , 2nd F iJing; Then e es t di•1allce of 163 feet rno.e or less to the c nterl111 o1 the nll y b tv.een ut h l.lanno .k Street and South Ch rokce S t ct; 'JI.o,c c South :dung said centerline a distance of 300 lP t. to llnC' proje,ted from Lot 18 , Block 5, Sk"tr"ltt., Ad<lltJo n, 2nd F illng; 'lh •nee W•s a dist nee of 177.5 fpet more or les•· t o tb centerline of South C~crck e Street; 1h nee No th 25 !e t to t!Je Cl!lllerlitle of lle.t llh a Av nu •. ; Th i!Ct. W".t <\long s.1d .c nterl1n e ot· .es t Jth ca Av1 nue a d istance ot 163 fee to a proj •cled f'lnterlinp of the· all 'Y bet ecn Snut Cherokee Sl1r t and South D la arc Street; T1ence North alone ·a id ccn erline a d1staucc of 1~0 feet mote o· 1 to :1 in• pro- .ltcted from t he North l1ne of It 11, BI:Jck l, .kerri tts 2 • I • • • • • • Addition; Thence West a distance of 163 fee~ more or less to the centerline of South Delaware St reet· Th n,·e South 12.5 feet; Thence West 163 feet more or less to the CP.nterline o f the alley between South Delaware Street and Soutn Elati Str et; Thence South along said centerline a distance of 167.5 feet more or less to the cen t erline of 1 st Ithaca Avenu~ Thrnce West a long said Centerline of •est Ithaca Avenue a dis ance of 1793 feet more or J ess to the centerljne of South Jaso Street; Thenc North along 1<a d ~entr line of Scutt Jaso n &tre~t a d~s~aJce of 460 teet m0~e or lrs the c n rz ne ni West Hampden Avenue 11lso know"'l as U.S. Hi•hwny 285· Th nr.e \lest a d1slanre of 350 fe t mo (· or lPss to })c '.a ,t i nt -• f- way :Line of the A.l. & S F. 'Raj,road , Thence No-f"lPasterl.· along .,;aid East right-of-uy line a di stance of 1156 feet more or less, Th r nce East a distance o f 2592 feet more or Jess to the c nterline of South Bannock Street Thence North 92 ft:et more or le5s along the ce11terline of South Bannock Stt·eet; Thenee E~st a dist nee of 163 feet more or l ess; Th!PCe ort a distance of 470 f ct more or less to the ccnte line of WcHt Eastman Avenue; Thence East a distance of 509 feet mo re or less to the true poin of beginning. Section ?. Said special election shall be held and conducted 1n accordance w1th the Charter of the City of Englewood, the Constitution of the State f Colorado, and the Colorado Munici- pal El cct1on Code of 1965, as amended, insofar as the same may be applicable. Section 3. No vote, eit~er for or against the quect'0 to be submitt'"d at said sp c1aJ electlon, shall .be recei ed or permi tt.ed by th~> .Judges of elect ion unless the person '"'ffer 1ng th ~aL shall be a qua l ified ~lector o f the D1str1c A qual1f1ed elector of the Distric 1s one who is either a "tesidcnt, "landowner", OJ: a "lessee" as these terms ate de 1ned below: "Resident" States and a years of age place 'in the means one who is a cit1zen of the United resident of the State of Colorado, 18 or old r, who m1kes his primary dwelling Dis rict. "Lar.downer" means the owner in fee of any c~ndivided interest in real prope ty or any improvement, perman- ently uff1xed ther to within the D~strict. "Owner in -3 - I • • • • • - Fee" include· a contract purchaser obligated to pay general taxes, an heir, and a devisee und r a Will admitted to Probate and do~s not include a contract sel ler of propert y with re- spect to which the cont ract purchaser is dcPmPd to be the owner in fee. "Lessee• means the holder of the lease-~0ld interest ~n real property wit'lin t-he Distri t. ''Lease-hold Interest" does not incJ~.;d" ,-, lcen'b or m·>re contract r~ght to use real pr J:'erty with~n the !.Jl.strict. Any landowner or lessee which l.S not a nat ~ral person may vote only if it des1.gnates by some official ac tion a representative the reof to cast its ballot . Section 4. The qu 1 i fiE•d electors of the District shall vote a said special election by sec1et paper ballot, either by submitting an absent voter ballot or by appearing an~ casting a ballot at the polls. Voting mach1.n es will not be used. Section 5. Qual1.f~ed electors of the District who meet the requirements of the Colorado Municipal Election Code of 1965, as amended, relating to absent voter ballot.ng, and who 1n~P1d o vote by abse1L vote1. ballot, may obta~n J'1formation and apply for and receive an absent voter ballot at the off~ce of the Dir ctor of Finance, Ex Off~cio City Clerk , t City Hall, 3400 South Elat1 Street, Englewood, Colorado, at any t-1mP duriny 1 g lar busln.s~ huurg nor before Friday, he 8th day of September, 1978, by foll o~1ng he procedures s~t for h 1n said G ccti n Code. Th~ Englewood Elect:lOn Comru_,sion shall e Ldblish pr c1nrt or precincts and appoint the lect1.on judges and clerks f 1 ea~h such precinc or prec1.ncts as providPo tn the said Colorado Mun1cipal Election Cod> or the City Charter. Th Director o Finance, Ed Off1cio City Clerk, and 11 o her propez offici1l~ of the CiL. uf Englewood shdll give Netic~ of sa1d s .e idl Municipal election, which Notice shall be published in the mannnr .nd for the length of tiMe req ired ··4- • I • - • • • • - by law , and'said Director of Finance, Ex Officio City 'lrrt , is further instructed to post a copy of sai d Notice at the polling place in each precinct or precincts at least t n (10) days before sa id special election. Said Notice of special election shall be in substantially the following form: NOTICE OF SPECIAL ELECTION CIT Y OF ENGLEWOOD, COLORADO DOh'NTOl'VN DEVELOP}lENT AU'l'I10RI rY SEPTEMBER 19, 1978 NOTICE IS HEREB GIVEN that at a specia l election to be held at the polling place here "nafter designate d 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 qual1fied el tors of the District the follow1n question: Shall a Downtown Development Authorit be formed pursuant to Part 8 of Article 25 of 'Title 31, olorado Revis d Statutes , 1973, as amended, o serve a public use, to promote health, safety , prosperity, security and welfare of the inhabitants of the municipality and to halt and prevent dete rtor- ation of property values in the central business distr1ct, ther by empowering the Council of the City of Englewood lo assess, 1 vy and collec t an ad valorem tax upon the taxa le property within the jurisdiction of the Authority not to exceed five (5) mills for the use and benef1ts of the Authority, said Authori y lo exe tcise its powets within the District in the City of Engl ewood lo bound ed as foll ow s: Beginning at the Northeast conwr of the Southwest Quarter of Section 34 Township 4 South, Range 68 West of the Gth P1incipl e Meridian; thet; e Sou th along the Ea t l:ne of South Qltar ter sectio n GGO fC't! .~ote or 1 RS to a po1nt "hi .his intersected by the ccnt<r lJnes of South Rlo ;;d\LlY anc1 Eastm:.n A\t'nue, this bcinr; tl1e t1ue point of he~inning; Thence East along the cc•nt rline of East EastJ;.an A •cnue a distance of 509 feet m0re or 1 ss to the centeiline of the alle bel\l"ec.n South Lincoln Str et and South Sherman Street; Thence :,.out h along said crnterline a distance of 660 feet '"ore or lt'SS to a point o n the centerline of East Floyd Av nue Thence East long said tc.n tcrline of East Floyd AvLnue a distance of 326 fe t mor or less to the centerlir•e of the alloy bet• en South Sherman Street and South Grant Street; Thence South along said enterlinc a distance of 1140 feet ~o re or less to a I~int on a line projected from th North line of Lot 30, Block 7, Pn·mi>r Addition; Thence Eat a di ·tancu uf 489 f et ~ore or less to the cnt rline of S utb LoGan Strc~t; Thence South along said cent rline of South loran Stre t a di~tance of 50 feet; Thence East a distan c of 163 f<.'et rore or 1< ·s to t!.e cent >rline of the alley betv.ecn S ,u th LC'I[an StrP t and fo th Pennsylvania Str t; Tll<'nC' South -5- • I • • • • • • along said centerline a distance of 845 feet more or less to the centerline of East Jefferson Avenue, also known as ·u .s. Highw a y 285; Thence West along s a id centerline of U.S. Highway 285 a distance of 824.5 feet more or less to the centerline of South Sherman Street; Thence Sout h along said centerline a distance of 175 feet more or less to a po1nt on the projected South line of Lot 44, Block 2, Higgins Broadway Addition; Thence West a distance of 1168 feet more o 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 les. n the centerline of U.S. 285; Thence Northwesterl al ng s i . centerline f U.S. Highway 2 8 5 to a point which is the center- line of South Bannock Street, Thence South along sai center- line of South Bannock Street a distance of 90 feet rnore or les to a point on a 1 ine p OJected from the South 1 inc of Lot 63, Block 5, Skerritts Addition , 2nd Filing, Thence West a distance of 163 feet more or less to the centerline of the alley be we n South Bannock Street and South Cherokt( Street; Thence South along said cen1 erline a distanc of 300 feet to a line projected from Lot 18, Block 5, Skerritts Addition , 2nd Filing; Thence ~est a di tance of 177.5 feet more or less to the Pnterline of South C~erokee Street; Thence North 25 fe t to the centerline of West Ithacb Avenue; Thence West along said c nterline of West Ithaca Avenue a distance o 163 feet to a projected centerline of the alley between South herok e Street and South Dela are Str et; 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 distance of 163 feet more or less to the center l ine of South Delaware Stree ; Thence South 12.5 feet; Thence West 163 feet more or 1 ss to the centerline of the alley between South Delaware Street and South Elati Street; Thence South along said cent~rline a distance of 167.5 feet more or less to the ccnterlin of West Ithaca Avenue ; Thenc West along said Centerlin of West Ith1~a Avenue a ist~ncc of 1793 feet more or ler:.s to tl1 centerll.n of South Ja::,on Street; Thence North along s.td c ntcrl1ne of South Jason Street a distance of 160 f~~t more 01 less to the centerline of W st Hampden Avenue also known as U.S. Highway 285; Thence West a dl.~:>tance of 350 Ie t more or less to the East right -of-~ay line of the A.T. & S. F ailroad, Thence Northeasterly along sald East right -of-way lin a J.stance of 1156 feet more or l~ss; Thence East a dtstan e of 2592 feet more or 1 ss to the ccllterline of South Bannock Street; Thence North 192 feet mor~ 01 Jes~:> alonb the enterline of South Bannock Street; Th ~nc.e East a distance of lb3 feet more or less; Thence North a distan ce of 470 feet more or le s to the centerline of West Eastman \venue; Thenc F.ast a distance of 509 feet more or 1 ss to the true pojnt of beginning. The purpose of the proposed Downtown Developme nt Authority is generally to serve dS a vehtcle for planning and improving the abov d scrib d centrdl busin ss dtstric by -6- • I • • • • • • • the exercise of the powers granted to it by the governing Statute. A Qualif ied elector of the District is one who is either a "Resident", a "Landdowner", or a "Lessee" as these terms are defined below: "Resident" means 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 iuLerest in rea l property or any improvement, permanen tl y affixed thereto within the Dis trict. "O wner in Fee" includes a contract purchaser obl igated to pay general taxes, an h Pi r, and a dev isee under a Will admitted to P robate a nd does not include a contract s eller of property with respect to which the contract 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 license 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 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 reason s 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 Street, 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, Englewood City Hall, 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 prescrib ~d by law or other Municipal Elections. IN WITNESS WHEREOF, the Council of the City of Englewood, Colorado, has caused this Notice to be given. (CITY SEAL) Section 8. /s/ Director of Finance Ex Officio Cjty Clerk City of Englewood, Colorado 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 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 be formed pursuant to Part 8 of Article 25 of Title 31, Colorado Revised Statutes, 1973, as amended, to serve a public use, to promote health, safety, prosperity, security and welfare of the inhabitants of the municipality and to -8- • I • • ...... • • • .. halt and prevent deterioration of property values in the central business distr ict, thereby empower- ing the Council of the City o f Englewood to assess, levy and collect an ad valorem tax upon the taxable property within the j urisdiction of the Authority not to exceed five (5) mills for the use and benefit of the Authority, said Authority to exer- cise its powers withi n the district in the City of Eng lewood to be bounded as follows: Beginning at the Northeast corner 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 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 Street and South Sherman Street; Thence south along said centerline a distance of 660 feet more or less to a point on the centerline of East Floyd Aven~ ; Th e nce East along said centerline of East Floyd Avenue a distance of 326 feet more or less to the centerline of the al ley between South Sherman S treet and South Grant Street; Thence South along said c enter line a d ista nce of 1140 feet more or less to a point on a line projected from the North line of Lot 30, Block 7, P remier 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 Stree t a dista nce of 50 feet; Thence East a distance of 163 feet more or less to the centerline of the alley between South Logan Street and South Pennsylvania Str ee t; Thence South along said centerline a distance of 845 feet more or less to the centerline of East Jefferson Av 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 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 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 Street; Thence South along said center- line of South Bannock Street a distance of 90 feet more or less to a point on a line projected from the South line of Lot 63, Block 5, Skerritts Addition, 2nd Filing; Thence West a distance of 163 feet more or less to the centerline of the alley between 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, Skerritts 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 to the centerline of West Ithaca Avenue; Thence West along said centerline of West Ithaca Avenue a distance of 163 feet to a projected 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 distance of 163 feet more or less to the centerline of South Delaware Street; Thence South 12.5 feet; Thence West 163 feet more or less to the centerline of the alley between South Delaware Street 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 Str eet a distance of 460 feet more or less 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; 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 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 1---r NO OFFICIAL BALLOT FOR SPECIAL ELECTION HELD IN THE CITY OF ENGLE WOOD, COLORADO, ON SEPTEMBER 19, 1978. -10- • (facsimile signature) Di r ecto r o f Finance Ex Officio City Clerk City of Engle wood, 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, 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- visions of Part 8 of Article 25 of Title 31, Colorado Revised Statutes 1973, as amended. Section 10. The votes cast at special election shall be canvassed 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 questi~n 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 section, 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, Read by Title and passed on final reading on the 7th day of August, 1978 . Published by Title as Ordinance No. SeriP-s of 1978, on the 9th day of August, 1978 . MAYOR -11- • I • - • • • • ATTEST: Ex officio City Clerk-Treasurer I, William D. Jmaes, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1978. Ex officio City Clerk-Treasurer -12- • I . • • • - INTRODUCED AS A BILL BY COUNCILMAN ___ ~ __ ~fn~~;-~~~~~------ A BILL FOR AN ORDINANCE FOR THE PARTIAL RELEASE OF CERTAIN PROPERTY GIVEN AS SECURITY FOR $17,285,000.00 HOSPITAL REVENUE BONDS, SERIES 1978 (PORTER MEMORIAL HOSPITAL PROJECT), SAID PROPERTY TO BE USED FOR THE PURPOSES OF AN EASEMENT OR RIGHT-OF-WAY FOR A TUNNEL. WHEREAS, by virtue of a "Mortgage and Security Agreeme.nt" dated February 1, 1978 and recorded in Book 1620 at Page 55 in the Clerk and Recorder's Office, Arapahoe County, Colorado given by Porter Memorial Hospital, a Colorado not for profit corporation, as Mortgagor, to the City of Englewood, Colorado, a Municipality of the State of Colorado, as Mortgagee, securing a $17,285,000.00 principal amount first mortgage note and any additional notes and parity obligation, the City of Englewood was granted a mort- gage and security interest in certain real property belonging to Porter Memorial Hospital; and WHEREAS, Porter Memorial Hospital is desirous of granting an easement or right-of-way for a tunnel, free and clear of the above-described Mortgage and Security Agreement, to the Harvard Park Medical Plaza Associate s, a Colorado Limited Partnership, for the purposes of providing access between Harvard Park Medical Plaza Associates' medical office b uilding and Porter Memorial Hospital's facilities; and WHEREAS, the City of Englewood, Colorrt(o l)as assigned its rights under the above-described Mortgag e and Security Agreement to The Colorado National Bank of Denver, Denve r, Colorado, as Trustee under a Trust Indenture dated February 1, 1978 and recorded in Book 1520 at Page 139. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows: Section 1. Pursuant to Section 2.18, subsection (d), of the above- described Mortgage and Security Agreement of February 1, 1978, the City of Englewood, Colorado by this Ord in ance does hereby authorize the release of, and requests that The Colorado National Bank of Denver, as Trustee, release and s ubordina te a part of • I • • - • • • • the mortgage and security interests created by the above- described Mortgage and Security Agreement of February 1, 1978, covering a port ion of the property, described more particularly below, to the Harvard Park Medical Plaza Associates, its heirs successors, or assigns, for the purpose of building and main- taining a tunnel and easement or right-of-way therefore more particularly described as follows, to wit : A 14 foot wide underground tunnel easement for ingress-egress located in the SW 1/4 of Section 26, Township 4 South, Range 68 West of the 6th Principal Mer i dian, City and County of Denver, State of Colorado lying 7 feet on each side of a centerline described along the ground surface and as follows: Be ginning at the northwest corner of the SW 1/4 of the SW 1/4 of said Section 26; thence S 0°06' E, on an assumed bearing along the west line of said SW 1/4 of the SW 1/4, a distance of 30.0 feet to a point on the south line of Harvard Avenue; thence East, along the south line of Harvard Avenue and parallel with the north line of said SW 1/4 of SW 1/4, a distance of 538.45 feet; thence S 11° 30' E, a distance of 272.0 fe et to the True Point of Beginning of said centerline; thence N 78°30' E, a distance of 200.00 feet, more or less to the point of terminus of said centerline, which point is on the existing westerly wall of Porter Memorial Hospital structure. Introduced, read in full and passed on first reading the 7th day of August, 1978. Published as a Bill for an Ordinance on August 9, 1978. ATTEST: E~k-Treasurer I, William D. James, do hereby certify that the -2- • I • • • • • • above and forego ing is a true, accurate and complete copy of the Bill for an ordinance, introduced, read in full and passed on first read ing on the 7th day of August, 1978. ~~~k-Treasurer -3 - • I • • -• • • S A UNDE RS , SNYDER. Ross & DICKSON, P. C. LAW OFFICES GLENN G . S•UNOERS W ILLARD 5 . SNYDER ..IACIII. J", ROSS &OZ CAPITOL l.l,-1[ CENT IE.t:t ZZ~ EAST SIXT £ENTH A"f:NUI[ JOHN M DICKSON Of" COUNSEL WAYN[ J f"OWL.ER W e TOU RTIL.LOTT, .,1q, WILLI AM J KI RVEN m H C CLEVEL AND m ..IA ""ES W'S'ANOEJtSON CHRISTOPHER R P AULSON ~ICHAfl L PEOER50N EUGEN£,; ""IEGYE5Y, J R . LEWIS .J . HOCH MAqlHA P HI L LI P S rEITEN DENVER , COLORADO 80203 August 1, 1978 HAND DELI VE RED Mr. Bernard V. Berardini City Attorney City of Englewood 3400 South Elati Englewood CO 80110 Dear Mr. Berardini: RE: Ordinance Requesting a Partial Re lease of Porter Hospital Property for Purposes of an Easement Pursuant to our convers ation of Monday, July 31, 1978, enclosed herewith please find the following: Tf.LEPHON( AREA COO£ 303 IUU -eZOO 1. Title page and relevant excerpts of pages from the Mortgage and Security Agreement dated February 1, 1978 between Porter Memorial Hospi tal and the City of Englewood, Colorado, securing a $17,285,00 0.00 first mor t g age note providing fo r convey ance of encum- bered property free and clear of the Mortgage and Security Agreement; 2. A draft of a proposed Ordinance for the release of certain property covered by the Mortgage and Security Agreement pursuant to S2.18(d) of the Agreement. I have taken the liberty of attaching to the proposed ordinance documents I hope ~·ill facilitate and hasten the process of having the o r dinance passed. Included in said documents are: Proposed minutes cov ring the introduction, first reading a n d initial passage of the ordinance; the full text publication of the ordinance; affidavit of publication; certification of the minutes and first publication by the City Clerk; minutes of the • I • • Mr. Bernard v. Berardini August 1, 1978 Page 2 .. • • • second introduction, reading and final passage of the ordinance; a certification of the proposed minutes covering the second reading and passage of the ordinance by the City Clerk; and an affidavit of second publication by reference. In order to secure the permanent financing for the Harvard Park Hedical Plaza building, Porter Memorial Hospital is anxious to move along with this matter as quickly as possible. We would appreciate your reviewing the proposed draft and if you have any suggestions for changes or modifications to any of the within documents, please give me a call as soon as possible. If at all possible, we would like to try and have this matter brought before the City Council at their next meeting on August 7, 1978. If there are no problems with the enclosed documents, we will be getting in touch with the City Clerk to try and have this matter placed on the Council's agenda for their Monday meeting. I would appreciate a call from your office so that we can make any changes in the draft you th ink necessary and prepare an appropriate number of copies for t he Council Meeting. Again, if you have any suggestions or questions, please give me a call at your earliest convenience. Very truly yours, SAUNDERS, SN~ROSS & DICKSON, Vl:~ ~J-ecv-- P.C. Michael L. Pederson MLP:cap Enclosures I • • - ( • • ,. • 6 c P R 0 C L A M A T I 0 N WHEREAS, the name of Grady Franklin Maples is synonymous in the City of Englewood with civic achievement and leadership; and WHEREAS, he came to the State of Colorado in 1952 and has been actively involved in helping his fellow man ever since. He is known to have a lifestyle of service to others. His greatest interest and concern is for the welfare of his community and what he can do for its enrich- ment; and WHEREAS, he has made great contributions sig- nificant to the Englewood Chamber of Commerce in addition to serving as Director. He has received many awards of distinction in his lifetime, one of which was the Englewood Jaycees Distinquished Service Award. In January 1978, he was presented the Silver Chalice Award by the Greate r Littleton Area Chamber of Commerce for his outstanding achievements as a chamber member; and WHEREAS, h e ci tizens of the City of Englewood applaud his successful endeavor as Co-chairman of the Arapahoe County Centennial-Bi-Centennial Committee which was directly instrumental in raising the funds for the Elsie Mall ey Senior Citizens Recreation Center. NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim, Thursday, July 27 , 1978 to be GRADY FRANKLIN MAPLES DAY 1n the C1ty of Englewood . GIVEN UNDER MY HAND AND OFFICIAL SEAL th1s 26th day of July, 1978. ~A>-"u_, L 7'-'? ~ ~ L. TAYLOR,~yor • I • • • • • City of Englewood OFFICE OF THE CITY AnORNEY BNnard V. Berardlnl. City Attorn ey Leo P.1. Clark, Assist;, nt City Attorney n:f.r, f\<>Witt , Asslstarot City Attorney July 28, 1978 Mayor and Members of City Council Of The City of Englewood and Aetna Casualty and Surety Company Hartford, Connecticut Re: $7,600,0d0 3400 S . Elatl SlrMI Englewood, Colorado 80110 Phone (303) 761-1140 City of Englewood, Colorado Hospital Revenue Bonds (The Swedish Medical Center Project) Series 1978 Gentlemen: The following opin ion is submitted pursuant to Section 3.1 of the Financing Agreement, as follows: (1) Organization, Standing, Etc . of the City-- the City is duly organized and existing as a body corpora e and politic in the State of Colorado with the powers and authority, among others, set forth in Sections 29-3-101 through 29-3-123, inclusive, of the Colorado Rev ised Statutes, 1973, as amended (the "Act"). The City has full power and authority under the Act to issue the Bonds , to refinance the Project (as defined in the Financing Agreement) and to execute and deliver, and to carry out and perform its obligations under, the Financing Agreement, the Indenture and the Bond Purchase Agreement . (2) Bond Purchase Agreement, Indenture and Financing Agreement --the Bond Purchase Agreement, the Indenture and the Financing Agreement have been duly authorized by the City, have been duly executed and delivered by the City and, assuming the due authorization, execution and delivery by the other parties thereto, are the legal, valid and binding agreements of the City; I • ,· ·· .. · ( • • • - Mayor a nd Members of City Council Of The City of Engl e wood and Aetna Casualty and Surety Company July 28, 1978 Page 2 (3) The Bonds --the Bonds in the aggregate principal amount of $7,600,000 have been duly authorized by the City, have been duly executed and delivered by the City and constitute the legal, valid and binding limited recourse obligations of the City payable solely from payments received by the City on the Secured Notes of the Hospital and other amounts payable by the Hospital under the Financ i ng Agreeme~t and the Hospital Mortgager (4) Litigation --counsel has no knowledge of any proceedings pending or threatened against or affecting the City in a ny c o urt or before any governmental authority or arbitration board or tr i bunal which, if adversely de- termined, would materi al l y and adversely affect the validity of the Bonds or the ability of the City to enter in~o a nd ' perform t h e Bond Purchase Agreement, the Financing Agre ement or the Indenture; (5) No Conf lict wi th Laws or Other Agreements -- the issue o f the Bonds and the execution and performance by the Ci t y o f the Bond Purc h ase Agreement , the F i nanc in g Agreement a nd the Indenture wi l l not c onfl i ct with o r resu lt i n any bre a c h of any of t he p r ovis i ons of or const itute a defa u l t un d er any orde r , d ecree. or regu l at i on of a n y cou rt or governmenta l aut hority or t ribunal t o wh i ch t he City is sub j ect or a ny agreement or other instrument to whi ch t he City is a party or b y whi ch it i s bound ; a nd (6) Governmenta l Consent, Etc . --a ll consen t s , approvals o r authorizat i on s, i f any, of any state or l o c a l governmenta l authority required on the part of the City in connection with the offer, issue, sale or delivery by the Ci ty of the Bond s and t h e execution and delivery of the Bond Pu r c hase Agreement , the Indenture and the Financing Agreement by the Ci ty h ave been duly obta i ned . R L tf t l ~y.Ab tted, ~~ ~~r-/·~~-- Berna rd • Be a rdini ~ity Att BVB/pa • I • ( (. • • • City of Englewood OFFICE OF THE CITY ATIORNEY Bernard V . Berardlnl . City Attorney Leo 1.1 . Clark, Asslstc.nt City Attorney n ir.r. P"Witt, Assistant City Attorney July 28, 1978 l-1ayor and Members of City" Council Of The City of Englewood and Aetr.a Casualty and Surety Company Hartford, Connecticut Re: S7,6oo,ooo 3-400 S. Elall Street Englewood, Colorado 80110 Phone (303P61-1140 City of Englewood, Colorado Hospital Revenue Bonds Gentlemen: (The Swedish Medical Center Project) Series 1978 The following opinion is submitted pursuant to Section 3.1 of the Financing Agreement, as follows: (1) Organization, Standing, Etc. of the City-- the City is duly organized and existing as a body corporate and politic in the State of Colorado with the powers and authority, among others, set forth in Sect1ons 29-3-101 through 29-3-123 , inc lus ive, of the Colorado Revised Statutes, 1973, as ame nded (the "Act"). The City has full power and authority under the Act to issue he Bonds, to refinance the Project (as defined in the Financing Agreement) and to execute and deliver, and to carry ou and perform its obligations under, the Financing Agreement, the Indenture and the Bond Purchase Agreement. (2) Bond Purchase Agreement, Indenture and Financing Agreement --the Bond Purchase Agreement, the Indenture and the Financing Agreement have been duly authori zed by the City, have been duly executed and delivered by the City and, assuming the due authorization, execution and delivery by the other parties thereto , are the legal, valid and binding agreements of the City; I • n • • • • Mayor and Members of City Council Of The City of Englewood and Aetna Casualty and Surety Company July 28, 1978 Page 2 (3) The Bonds --the Bonds in the aggregate principal amount of $7,600,000 have been duly authorized by the City, have been duly executed and delivered by the City and constitute the legal, valid and binding limited recourse obligations of the City payable solely from payments received by the City on the Secured Notes of the Hospital and other amounts payable by the Hospital under the Financing Agreeme~t and the Hospital Mortgage: (4) Litigation --counsel has no knowledge of any proceedings pending or threatened against or affecting the City in any court or before any governmental authority or arbitration board or tribunal which, if adversely de- termined, would materially and adversely affect the validity of the Bonds or the ability of the City to enter into and perform the Bond Purchase Agreement, the Financing Agreement or the Indenture; (5) No Conflict with Laws or Other Agreements ~- the issue of the Bonds and the execution and performance by the City of the Bond Purchase Agreement, the Financing Agreement and the Indenture will not conflict with or result in any breach of any of the provisions of or constitute a default under any order, decree or regulat i on of any court or governmental authority or tribunal to which the City is subject or any agreement or other instrument to which the City is a party or by wh ich it is bound; and . (6) Governmental Consent Etc. --all consents, approvals or authorizations, il any, of any state or local governmental authority required on the part of the City in connection with the offer, issue, sale or delivery by the City of the Bonds and the execution and delivery of the Bond Purchase Agreement, the Indenture and the Financing Agreement by the City have been duly obtained. ~~/.1(~ . Bernard . Be ardini c_____..--city Att ne BVB/pa I • • - ( • • - City of Englewood OF ::I CE OF THE CITY ATIORNEY Be rn ard V . Berardln l. City A tt orney leo 1.4 . Cla rk, A sslst11nt C ity A ttorney n fr.r, P"Witt, Ass l star•l C ity Attorney July 28, 1978 Mayor and Members of City Council Of The Ci ty o f Englewood and Aetna Casu a lty and Surety Company Hartfo r d , Connectic~t Re: $7,600,0CI O 3-&00 S. Elatt Street Eng lewood, Colo rado 80110 Phone (30 3) 76 1-1140 Ci t y of Englewood, Colorado Ho spita l Re venue Bonds Gent lemen: (The Swedish Med i cal Center Project) Series 197 8 Th e following opinion is subm i t t ed p u rs uant to Sec t ion 3 .1 of t he Financing Agreemen t , a s f ol l ows : (1) Org anizati on, Standing , Etc . of the City-- the City is duly organized and existing as a body corporate and politic in the State of Colorado with the powers and authority, among others, set forth in Sections 29 -3-101 through 29-3-123, inclusive, of the Colorado Revised Statutes, 1973, as amended (the "Act"). The City has full power and authority under the Act to issue the Bonds, to ref i nance the Project (as defined in the Financing Agreement) and to execute and deliver, and to carry out and p e rform its obligations under, the Financing Agreement, t he Indenture and the Bond Purchase Agreement. (2) Bond Purchase Agreement, Indenture and Financin g Agreement --the Bond Purchase Agreement, the Indenture and the Financing Agreement have been duly authorized by the City, have been duly executed and delivered by the City and, assuming the due authorization, execution and delivery by the other parties thereto, are the legal, valid and binding agreements of the City; • I • • - • (. • • • Mayor and Members of City Council Of The City of Englewood and Aetna Casualty and Surety Company July 28, 1978 Page 2 (3) The Bonds --the Bonds in the aggregate principal amount of $7,600,000 have been duly authorized by the City, have been duly executed and delivered by the City and constitute the legal, valid and binding limited recourse obligations of the City payable solely from payments received by the City on the Secured Notes of the Hospital and other amounts payable by the Hospital under the Financing Agreeme~t and the Hospital Mortgage; (4) Litigation --counsel has no knowledge of any proceedings pending or threatened against or affecting the City in any court or before any governmental authority or arbitration board or tr i bunal which, if adversely de- termined, would materially and adversely affect the validity of the Bonds or the abi lity of the City to enter into and perform the Bond Purchase Agreement, the Financing Agreement or the Indenture; (5) No Conflict with Laws or Other Agreements -- the issue of the Bonds and the execution and performance by the City of the Bond Purchase Agreement, the Financing Agreement and the Indentu r e will not conflict with or result in any breach of any of t he provisions of or constitute a default under any order, dec r ee or regulat i on of any court or governmental authority or tribunal to which the City i s subject or any agreement or other instrument to which the City is a part y or b y wh i c h i t is bound ; and (6 ) Go v ernmental Co nsent, Et c. --all consents, approvals or authoriz a tions, i f a ny, o f a ny s t a t e or loc al governmental authority required o n t he p art o f the City in connection with the offer, issue, sale or delivery by t h e City of the Bonds and the execution and delivery of the Bond Purchase Agreement, the Indenture and the Financing Agreement by the City have been duly obtained. R Le tf Ll~yAb~t ed , /~/__,.It_~~- -Bernard . Be ard ini ~ity Att BVB/pa • I I • • • - City of Englewood OFFICE OF THE CITY A TIORNEY -------------------------- • Bernard V. Berardlnl. Clly Attorney LP.o 1.4. Clark, Asslst~:nt Clly Attorney n fr.r, P"Witt, Asslstar•l City Attorney July 28, 1978 Mayor and Members of City Council Of The City of Englewood and Aetna Casualty and Surety Company Hartford, Connecticut Re: $7,600100() 3400 S. Elatl SlrMt Englewood, Colorado 80110 Phone(303) 781·1140 City of Englewood, Colorado Hospital Revenue Bonds (The Swedish Medical Center Project) Series 1978 Gentlemen: The following opinion is submitted pursuant to Section 3.1 of the Financ ing Agreement, as follows: (1) Or anization, Standin , Etc. of the Cit -- the City is duly organ~zed and existing as a body corporate and politic in the State of Colorado with the powers and authority, among others, set forth in Sections 29-3-101 through 29-3-123, inclusive, of the Colorado Revised Statutes, 1973, as amended (the "Act"). The City has full power and authority under the Act to issue the Bonds, to refinance the Project (as defined in the Financing Agr ement) and to execute and deliver, and to carry out and perform its obligations under, the Financing Agreement, the Indenture and the Bond Purchase Agreement. (2) Bond Purchase A reement, Indenture and Financin Agreement --the Bond Purchase Agreement, the Indenture and the Financing Agreement have been duly authorized by the City, have been duly executed and delivered by the City and, assuming the due authorization, execution and delivery by the other parties thereto , are the legal, valid and binding agreements of the City; • I • • ; I • • • • Mayor and Members of City Council Of The City of Englewood and Aetna Casualty and Surety Company July 28, 1978 Page 2 (3) The Bonds --the Bonds in the aggregate principal amount of $7,600,000 have been duly authorized by the City, have been duly executed and delivered by the City and constitute the legal, valid and binding limited recourse obligations of the City payable solely from payments received by the City on the Secured Notes of the Hospital and other amounts payable by the Hospital under the Financing Agreeme~t and the Hospital Mortgage; (4) Litigation --counsel has no knowledge of any proceedings pending or threatened against or affecting the City in any court or before any governmental authority or arbitration board or tribunal which, if adversely de- termined, would materially and adversely affect the validity of the Bonds or the ability of the City to enter into and · perform the Bond Purchase Agreement, the Financing Agreement or the Indenture; (5) No Conflict with Laws or Other Agreements ~- the issue of the Bonds and the execution and performance by the City of the Bond Purchase Agreement, the Financing Agreement and the Indenture will not conflict with or result in any breach of any of the provisions of or constitute a default under any order, decree or regulation of any court or governmental authority or tribunal to which the City is subject or any agreement or other instrument to which the City is a party or by which it is bound; and (6} Governmental Consent, Etc. --all consents, approvals or authorizations, ~f any, of any state or local governmental authority required on the part of the City in connection with the offer, issue, sale or delivery by the City of the Bonds and the execution and delivery of the Bond Purchase Agreement, the Indenture and the Financing Agreement by the City have been duly obtained . ~~/.l'C-_ -Bernard • Be ardini ~ity Att ne BVB/pa • 0 I • • : • .. City of Englewood OFFICE OF THE CITY ATIORNEY Bernard V. Berardlnl. City Attorney LP.o 1.4 . Clark, Assistant City Attorney 11 !r.r. PPWitt, Assistant City Attorney August 2, 1978 Mr. Tommy Drinkwine Attorney at Law 2677 W. Alamo Avenue Littleton, Colorado 80120 • • - 3400 S . Eletl Slreet Englewood, Colore do 80110 Phonie (303) 711 1·1140 Re: Alley in 4800 Block Between South Fox and South Elati -- Mr. and Mrs. Wiley B. Mathews . 4885 s. Elati Street Dear Mr. Drinkwine: As I had discussed previously with your office several days ago, the Department of Community Development in con- junction with our office has conducted an investigation which included an interview with a number of residents and owners in the 4800 Block of South Fox and South Elati Streets as to the existence of the public alley in question. This investigation leads us to conclude that under the applicable laws dealing with public rights of way, that a public alley does, in fact, exist by right of prescription and/or implied dedication of the owners for the required years. Accordingly, this office is recommending to the Englewood City Council and to the City Manager that the building permit issued to Wiley B. and J. Pauline Mathews of 4885 S. Elati indicating an extension of their rear property fence, issued on June 26, 1978, be revoked. Mr. and Mrs. Mathews, of course, • I • • - - • • Mr. Drinkwine August 2, 1978 Page 2 • • • shall be refunded the entire sum of the cost of the permit itself. Should you have further questions with reference to the above matter, please call. BVB/pa / cc: Mayor and Members of City Council · City Manager, Andy McCown Director of Public Works, Xells Waggoner Director of Community Development, Rich Wanush Chief Building Inspector, Gary Pittman • 0 I • • • . _I~ TI!E DISTRICT COURT IN AND FOR THE COUNTY OF ARAPAHOE STATE OF COLORADO Civil Action No. 38405 MAX PINO, Plaintiff, vs. BOARD OF TRUSTEES OF THE POLICE PENSION BOARD OF THE CITY OF ENGLEWOOD; WILLIAM D. JAMES, JAMES L. TAYLOR, LARRY LEYDON, CHIEF ROBERT HOLMES, CITY MANAGER ANDY McCOWEN, CITY OF ENGLEWOOD, and each of them jointly and separately, Defendants. ) ) ) ) ) ) ) ') ) ) ) ) ) ) ) ) ) CONCLUSIONS OF LAW, JUDGMENT AND ORDER. THIS MATTER came on for hearing pursuant to plaintiff's complaint for relief pursuant to Rule 106 of Colorado Rules of Civil Procedure wherein plaintiff seeks judicial review of the Board of Trustees of the Police Pension Board of the City of Englewood ruling denying plaintiff a disability retirement pension on the 31st day of Mareh, 1978; the plaintiff being represented by William L. Keating, Esq., and defendants by Bernard V. Berardini, Esq. The Court, havi ng heard oral arguments and having read the record and transcript made below and being fully advised in the premises, DOTH CONCLUDE AND ORDER as follows: On November 30, 1977, the defendant Board held a ·hearing and took testimony under oath concerning plaintiff's -.. - -·-... ----· .. • I . - • • application for a disability retirement pension based upon an alleged hearing loss and/or deficiency acquired while serving as police officer for the .City of Englewood. On March 13; 1978, in a document designed as "Findings of Fact, Conclusions,and Order" and signed by two of the members of defendant Board, the Board denied plaintiff's application. In order to determine whether this Order was not arbitrary or capricious, based upon competent evidence, and, therefore, not an abuse of discretion, this Court has read the transcript and reviewed the record in great detail. In its Findings of Fact, Conclusions, and Order, the defendant Board found, inter alia, that plaintiff is not so disa.bled as to render his retirement necessary, as (sic) police officer with the Police Department of the City of Englewood, State of Colorado; (2) the plaintiff had a hearing loss prior to his being hired as a police officer; (3) that plaintiff's hearing loss has not and will not interfere with his duties, and, (4) that his hearing loss has been satisfactorily corrected. In reviewing the record, the Board heard competent medical testimony, a stipulated medical expert in the field of Otolaryngology (ear, nose and throat), viz, Dr. James R. Cate who was asked to examine the plaintiff by the City's physician, Dr. G. Steffens. (Trans. p.6) Dr. Cate testified unequivocally that plaintiff has a severe hearing problem (p.lO), he (plaintiff) would not be accepted -2- • I • • n • • on any police department if he were seeking employment now as a police office (pp. 16-17); that his problem will get worse in his present working environment (p.l8), and that · · there is no known process to reverse the deterioration at this time (p.27). Further Dr. Cate testified that plain- tiff's hearing deficiency has gotten considerably worse since 1968 (p.29) and that his hearing problem in his present occupation could be dangerous. (pp. 13, 25,30) Dr. Cate also found that the hearing impairment was related to plaintiff's job. (p.44) Dr. Robert Childers, Ph.D., an audiologist, the study of hearing disorders, confirms Dr. Cate's conclusions, and the following dialogue appears on page 73 of the transcript: '~hairman Taylor: I guess what I'm trying to say in just plain, old backdoor English is, how deaf is he? The Witness: He has severe listening problems." All the above is corroborated by Dr. Grant Steffens, the Englewood City Physician, who stated that based upon his knowledge, and reviewing the tests and testimony, he would not pass (medically) an applicant with a hearing condition similar to plaintiffs. (pp. 138, 139, 140) Chief H~lmes thereafter attempted to minimize plain- tiff's hearing deficiency by such testimony that he also has a similar problem (p.l65) and what plaintiff could do as a police officer with his hearing handicap. (p.l64) Capt. Mull testified that he felt that plaintiff -could perform any duties he wanted to do, yet he could not disagree -3- • '- I • • with the testimony of the doctors. (pp. 186 thru 190) Capt. Mulls attempted to minimize plaintiff's hearing loss on philosophic grounds rather than medical. While it is true that administrative Pension Boards are not necessarily bound by expert testimony, they cannot be oblivious to the overwhelming medical testimony when a pension is sought on medical grounds, i.e., a hearing im- pairment. To allow the denial of the disability retirement pension on the evidence presented herein would make a mockery of the Administrative Law practice. The defendant Board herein seemingly based its decision on command officers' visceral, personal and philosophic views instead of the competent medical evidence. Such a decision is, ind.eed, patently arbitrary, and abstruse, and manifested a gross abuse of the Board's discretion, thus necessitating a reversal of same. Based on the foregoing, it is the judgment and Order of this Court that the Order of the Police Pension Board of the City of Englewood be reversed and the case remanded to said Board to take such immediate action as required, not inconsistent with the decision herein rendered. DONE AND SIGNED this 26th day of July, 1978. ~- • • r--~ l~· • I • • n • .. • IN THE DISTRICT COURT IN AND FOR THE COUNTY OF ARAPAlfOE AND STATE,OF COLORADO Civil Action No. 38041, Division 4 HERMAN OLINER, BESS OLINER 1 and ROBERT OLINER, 1 1 Plaintiffs, 1 1 vs. 1 1 CITY OF ENGLEWOOD, COLORADO, 1 a Municipal Corporation, 1 1 Defendant. 1 DECREE AND 1.. ··'· THIS MATTER having come on to be heard before this . .. \' .. ·. 'I ~~ Court pursuant to Rule 57 of the Colorado Rules of Civil Pro- 1 I cedure, the Court finds as follows: .d i -.· Plailtiffs have br,ught this action reqpesting a document entitled "Lease and ,option Agreement" mark e d I I Exhibit "A" to lthe Plaintiff~ Compla.int be declared void and unenforceable as a violation of the rule against perpetuities . The Defendant admits the Lease and Option Agreement marked Exhibit "A" constitutes the written agreement between the Plaintiffs and the Defendant, but denies that any part thereof is void and unenforceable. Both the Plaintiffs and the Defendant by their counsel have submitted to the Court Motions for Summary Judgment stating that there are no genuine issues as to any material fact. The Court finds that there are no genuine issues as to · any mater i al and accordingly proceeds to decide the request for summary judgment. The Court further finds that by entering Judgment pursuant to Rule 57, the uncertainty and controversy giving rise to this action would be terminated. The Court finds that i t must examine the entire document entitled Lease and Option Agreement and not just paragraph 8 as requested by the Plaintiffs in order to determine • I • • • • the intent of the parties. An examination of this document, as a whole, and with no further testimony or affidavits offered by either party, reveals that the Plaintiffs and Defendant intended to grant to the City of Englewood an option to purchase the property the City was to lease from tHe Plaintiffs, and , that said option was limited to the duration of the lease. This Court has examined the briefs of both parties concerning the rule against perpetuities and finds that our Supreme Court in Atchison vs. Englewood, 170 Colo. 295, 463 P.2d 297 (1970) at Colo. p. 305, holds that an option with no limiting term _is void as a violation of the rule against I I perpetuities. The Agreement, before this coJrt is limited to l the Lease term. A review of the Restatement of the Law of Real Property, Section 395, "Option Limited In Favor Of ;A Lessee." "Wh~n a lease limits in favor of the lessee an option exercil able at a time not more remote than the end of I the lessee's/term (a) To purchase the whole or any -part of the leased permises; .•.• then such option is effective, in accordance wlt ~ the terms of the limitation, even when it may continue for lbnger than maximum period described in Section 374." The option before this Court is included in the docu- ment titled Lease and Option Agreement and is limited as to time. The Supreme Court of Colorado in Roemer v. Sinclair Refining Company, 151 Colo. 401, 380 P.2d 56 (1963) held that an option contained within a lease agreement which was to be exercised within the duration of the lease, did not amount to a violation of the rule against perpetuities. IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. That the Lease and Option Agreement entitled Exhibit "A" to the Complaint between the Plaintiffs Herman Oliner, Bess Oliner and Robert· Oliner as lessors and the City of Englewood, Colorado, a Municipal corporation as lessee, is not in violation of the rule against perpetuities. -2- • , I • • •. r ' • • 2. That the Court having determined this ~atter on the basis of the valiqity of the Agreement, renders moot any question concerning damages, possession of the property or any other relief as requested by the Plaintiffs. costs. ( 3. That each of the parties shall pay their own 4. The Complaint is hereby~smissed with prejudice. DONE IN OPEN COURT this ~day of June, 1978. I I .. -3- • D I • • • • • • / MEMORANDUM TO: Mayor and Members of City Council FROM: Andy McCown, City Manager DATE: August 3, 1978 SUBJECT: 1978 CONGRESS OF CITIES & EXPOSITION NATIONAL LEAGUE OF CITIES The annual National League of Cities conference is scheduled this year November 26 to 29 in St. Louis, Missouri. Council usually sends two or three delegates to this meeting. Registration, if made before September 1, is $150; before November 3 - $175; and after that date -$200. So it would be helpful if we could go ahead and make the decision now on who will be attending. Ci ty Manager ph cc: Jimmy E. Curnes, Assistant City Manager • I • • • TO: FROM : DATE : • • - ? 8 City Manager!IJ'cCA'n Richard S. ~sh-; Director of Community Development August 1 , 1978 SUBJECT : Thurman Annex ation Petition The petition to annex the l and owned by Paul Robert Thurman which is located by address at 1485 West Tufts Avenue, has b een reviewed by th City Departme n t s which would be responsible for servicing the subject property. None of these departments have expressed op posit~on t o the annexation and all of the City's services can be e xtended to this site. The Thurman property is in compliance with all of the statutory requirements f or annexation to t he City of Englewood, in that : 1. More than one-sixth (l /6) of the perime ter o f the subject property is cont iguous with the boundary of the City of Englewood. 2 , Inasmuch as at least sixty-three (63) percent of the boundary of the Thurman proper ty is contig uous with t he City of Englewood , the land is of urban c haracter, it is capable o f being integrated wit h the City, and a community of interest exists between the subj ec t property and the City. 3 , The City can extend ser v ices to the subject property, 4 . The petitioner is the o wner of one hundred percent (100%) of the property to be annexed, exclusive of public rights- o f -wa y, and the annexation wi ll not cause a division of property owned by the petitioner. 5 . The subject property is less than t went y (20 ) acres in area and has a valuation for ad valorem tax purposes which is less than two hundred thou sand dollars. 6. The annexation will not change the school district boun daries ---the property will remain in the Englewoo,d School District • • I • • ( • TO: FROM: DATE : • .. • ? 8 City ManageJ!J'cCA'n Richard S. ~s'n-; Director of Community Development August 1 , 1978 SUBJECT : Thurman Annexation Petition The petition to annex the land owned by Paul Robert Thurman which is located by address at 1485 West Tufts Avenue, has been reviewed by the City Departments which would be responsib le for servicing th subject property . None of these departments have expressed oppos i t ion to the annexation and all of th City's services can be exten ded to this site. The Thurman property is in compliance with all o f the statutory requirements for annexation to the City of Englewood, in that: 1. More than one-sixth (1 /6) of the perimeter of the subject property is contiguous with the boundary of the City of Englewood. 2. Inasmuch as at least sixty-three (63) percent of the boundary o f the Thurman property is contiguous with the City of En glewood, the land is of urban ch aract er, it is capable of being integrated with the City, and a community of interes exists between the subject property and the City. 3. The City can exten d services to the subject property. 4. The petitioner is th owner of one hundred percent (100%) of the property to be annexe d, exclusive of public rights- of-way, and the annexation will not cause a division of property owned by the petitioner. 5. The subject property is less than twenty (20) acres in area and has a valuation for ad valorem tax purposes which is less than two hundred t housa nd dollars. 6, The annexation will not change the school district boundaries ---the property will remain in the Englewoop School District • • ) I • • ( ( • ( • City Manager McCown August 1 , 1978 Page -2- • • 7. The pet i tioner states that it is desirable and necessa r y th at the pro perty be annexed to the City of Englewood. B. Proceedings are not underway to annex the subject property to another munic ipa lity. The petitioner has been no tified through Mr. and Mrs. Clinton K. Bush, persons who hold an option to purchase the sub ject property, that the north thirty (30) feet of the property will have t o be dedicated for right -of-way for West Stanford Avenue. Mr. and Mrs. Bush have indicated their willingness to have the right-of-way dedicated, inasmuch as they want access onto We~ Stanford Avenue. The dedication of the right-of-way for the south thirty (30) feet of West Stanford Avenue should be made a condition to the annexa t ion. In anticipation o f the City Council's favorable consideration of the annexation pet ition, a Public Hearing will be scheduled before the Planning Commission on September 6, 1978, to con- sider the zoning of the sub ject property. gw • .. I • • .... ( • .... ', ' .... • • 1485 W TU TS PROP OSE D AN NEXATION w W. STAN FORD ENGLEWOOD r------- 1 I I I I I I ARA HOE CO . TU FTS ENGLEWOOD Scale I"= 200 • I . . • • • RESOLUTION NO. ~() , SERIES OF 1978 rc A RESOLUTIO N TO AD D THE FOLLOWING POSITION TO THE CLASSIFICAT ION PLA N: DEPUTY CHIEF . HHE REAS , the Boar d of Car eer Service Commissioners, in t hE:i r meet i ng o f J uly 26, 1978, recommended that the Job Des cri p - tion for the following position be added to the Classification Plan : Deputy Chief . NOW, THEREFO RE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D, that the following Job Description be adde d to the Classification Plan: DEPAR TME NT POSITION TITLE SALARY $1902/month Fire Deputy Chief ADOPTED AND APPROVED this 7tA day of ~ , 1978. Mayor ATTEST: ex officio City Clerk-Treasurer I, William James, ex officio City Clerk of the City of Englewood, State of Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No. ,5l(J , Series of 1978. ex officio City Clerk-Treasurer • I • • • • .. INTRODUCED AS A BILL BY COUNCILMAN Mann BY AUTHORITY ORDINANCE NO. , SERIES OF 1978. 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. WHEREAS, the City Council of the City of Englewood, Colorado has determined and does hereby determine that it is necessary to establish a Downtown Development Authority for the public health, safety, prosperity, security and welfare and to halt and prevent deterioration of property values in the central business district; and WHEREAS, it is first necessary to submit the question of the establishment of such an Authority to a vote of the qualified electors of the District within which the Authority is to exercise its powers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. Pursuant to Part 8 of Article 25 of Title 31, Colorado Revised Statutes, 1973, as amended, there shall be submitted to a vote of the qualified electors of the District hereinafter described at a special election to be held for that purpose on Tu esday , the 19th day of September 1978, between the hours of 7:00 o'clock A.M. and 7:00 o'clock P.M. at the polling place hereinafter designated, the following question: SHALL A DOWNTOWN DEVELOPMENT AUTHORITY BE FORMED PURSUANT TO PART 8 OF ARTICLE 25 OF TITLE 31, COLORADO REVISED STATUTES, AS AMENDED, TO SERVE A PUBLIC USE, TO PROMOTE HEALTH, SAFETY, PROSPERITY, SECURITY AND WELFARE OF THE INHABITANTS OF THE MUNI- CIPALITY AND TO HALT AND PREVENT DETERIORATION OF PROPERTY VALUES IN THE CENTRAL BUSINESS DISTRICT, THEREBY EMPOWERING THE COUNCIL OF THE CITY OF ENGLE WOOD TO ASSESS, LEVY AND COLLECT AND AD VALOREM TAX UPON THE TAXABLE PROPERTY WITHIN THE JURISDICTION OF THE AUTHORITY NOT TO EXCEED FIVE (5) MILLS FOR THE USE AND BENEFIT OF THE AUTHORITY, SAID • I • • • • • • AUTHORITY TO EXERCISE ITS POWERS WITHIN A DISTRICT IN THE CITY OF ENGLEWOOD, TO BE BOUNDED AS FOLLOWS: Beginning at the Northeast corner 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 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 Street and South Sherman Street; Thence south along said centerline a distance of 660 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 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 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 feet more or less to the centerline of the alley between South Logan Street and South Pennsylvania Street; Thence South along said centerline a dist a ce of 845 feet more or less to the centerline of East Jefferson Avenue, aJso known as U.S. Hi ghw ay 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 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; Th ence 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 Street; Thence South along said center- line of South Bannock Street a distance of 90 feet more or less to a point on a line projected from the South line of Lot 63, Block 5, Skerritts Addition, 2nd Filing; Thence West a distance of 163 feet more or less to the centerline of the alley between South Bannock Street and South Cherokee Street; Th e nce South along said centerline a distance of 300 feet to a line projected from Lot 18, Block 5, Skerritts Addition, 2nd Filing; Thence Wes t a distance of 177.5 feet more or less to the centerline of South C~erokee Street; Thence North 25 feet to the centerline of West Ithaca Avenue; Thence West along sai d centerline of West Ithaca Avenue a distance of 163 feet to a projected centerline of the alley between South Cherokee Street and South Delaware Street; Thence North along said centerline a d istance of 180 feet more or less to a line pro- jecte d from the North line of Lot 11, Block 1, Skerritts -2- I • • .. - Addition; Thence West a distance 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 es s to the centerline of the alley between South Delaware Street 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 S treet; 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. 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 l ess; 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 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. 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 Election Code of 1965, as amended, insofar as the same may be applicable. Section 3. No vote, either for or against the question to be submitted at said special election, shall be rec eived or permitted by the Judges of election unless the person offering the same shall be a qualified elector of the Distr ict . A qualified elector of the District is one who is either a "resident, "landowner ", or a "lessee" as these terms are defined below: "Resident" means 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, perman- ently affixed thereto within the Di strict. "Own er in -3- • I • • • • .. .. 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 with re- spect to which the contract 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 license or mere contract right to use real property with1n the District. Any landowner or lessee which is not a natural person may vote only if it designates by some official 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 ballot, either by submitting an absent voter ballot or by appearing and casting a ballot at the polls. Voting machines will not be used. Section 5. Qualified electors of the District who meet the requirements of the Colorado Municipal Election Code of 1965, as amended, relating to absent voter balloting, and who intend to vote by absent voter ballot, may obtain information and apply for and receive an absent voter ballot at the office of the Director of Finance, Ex Officio City Clerk, at City Hall, 3400 South Elati Street, Englewood, Colorado, at any time during 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 establish precinct or precincts and appoint the election judges and clerks for each such precinct or precincts as provided in the said Colorado Municipal Election Code or the City Charter. Section 7. The Director of Finance, Ex Officio City Clerk, and all other proper officials of the City of Englewood shall give Notice of said special Municipal election, which Notice shall be published in the manner and for the length of time required -4- • I • • - • • .. • by law, and ·s aid Director of Finance, Ex Officio City Clerk, is further instructed to post a copy of said Notice at the polling place in eac h precinct or precincts at least ten (10) days before sa id specia l el ec tion. Said Notice of special election shall be in substantially the following form: NOTICE OF SPECIAL ELECTION Cl TY OF ENGLE\'1000, COLORADO DOh'NTO\'iN DEVELOPI·lE NT AUTHORI 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, Colora do Revised Statutes, 1973 , as amended, to serve a public use, to promote health, safety, prosperity, security and welfare of the inhabitants of the municipality and to halt and prevent deterior- ation of property values in the central business district, thereby empowering the Council of the City of Englewood t o assess, levy and collect an ad valorem tax upon the taxable property within the jurisdiction of the Authority not to exceed five _(5) mills fo~ the use an d benefits of the Authority, said Authority to exercise its powers within the District in the City of Englewood to bounded as follows: Beginning at the North e ast corne r of the Southwest Quarter of Section 34 Township 4 South, Range 68 West of the 6th Principle ~e ridian; thence Sout h along the East line of South Qu~rter section 660 feet more or les s to a point whic h is intersected by the center lines of South Broad~ay and East ma n Avenue, this being the true point of b e ginning: Thence East along the centerline of East East o an Avenue a di s t ance of 509 f ee t more or less to the centerline of the alley between South Lincoln Street and South Sherma n Stree t; Th e nce so uth along s aid c e nterline a distance of 660 feet mo re or l es s to a point on the centerline of East Floyd Av em.e Thence E ~s t a l ong s ~id centerline of East Floyd Avenue a dist~nce of 326 feet more or less to the centerline of the alley between South Sh erma n Street and South Grant Street; Th enc e South along said centerline a distance of 1140 feet n.o re or l ess to a point on a line projected from the North line of Lot 30, Block 7, Premier Addition; Thence East a di s t a nce of 489 f ee t more or l es s to the centerline of South Logan Street; Th ence South along aid centerline of South J~ga n Str ee t a distance of 50 feet; Thence East a distance of 163 f et more or 1 s to the c e nt rline of the alley bet•ee n Sout h Log a n Str ee t and Sout h Pennsylvania Street; Th ence South -5- • I • • .. along said centerline a distance of 845 feet more or less to the centerline of East Jefferson Avenue, 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 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 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 Street; Thence South along said center- line of South Bannock Street a distance of 90 feet more or less to a point on a line projected from the South line of Lot 63, Block 5, Skerritts Addition, 2nd Filing; Thence West a distance of 163 feet more or less to the centerline of the alley between 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, Skerritts Addition, 2nd Filing; Thence West a distance of 177.5 feet more or less to the centerline of South C~erokee Street; Thence North 25 feet to the centerline of West Ithaca Avenue; Thence West along said centerline of West Ithaca Avenue a distance of 163 feet to a projected 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; Th ence West a distance of 163 feet more or less to the centerline of South De l aware Street; Thence South 12.5 feet; Thence West 163 feet more or less to the centerline of the alley between South Delaware Street 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 less 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 ri g ht-of-way line a distance of 1156 feet more or l ess; Thence East a distance of 2592 feet more or less to the centerline of South Bannock Street; Thence North 192 feet more or l ess along the centerline of South Bannock Street; Thence East a distance 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. The purpose of the proposed Downtown Development Authority is generally 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 ele ctor of the District is one who is either a "Resident", a "Landdowner", or a "Lessee" as these terms are defined below: "Resident" means 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 does not include a contract seller of property with respect to which the contract 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 license 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 the day of said special election, or who by reason of their work or the nature of their empl oyment are likely to be absent and fear that they will be a bsent from their precinct on the day of said special election, or who because of serious illness or physical disabil ity , or who for reasons based upon the doctrines of an established religion shall be unable to attend the polls, may apply in wr iting 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 Street, 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 b e the Office of the Director of Finance. Ex Officio City Clerk, Englewood Ci t y Hall, 3400 South Elati Street, Englewood, Colorado. The votes cast shall be r e corded on paper ballots, and said special elect i on shall b e held and conducted, the returns thereof canvasse d, and the r e sults thereof declared, in the manner prescribed by law for other Municipal Elections. IN WITNESS WHEREOF, the Counc il of the City of Englewood, Colorado, h a s caused th i s Not i c e to be given. (CITY SEAL) /s / D~re c tor of F~nance Ex Off i c i o City Clerk City of Englewoo9, Colorado Section 8. The ballots to b e used in voting upon the quest i on to be submitted at said spe c i al election shall be prepared and furnished by the Englewood Election Commission to the Judges of the election, to be b y them fur n ished to the qua li fi e d e lectors of the Di strict. Said ballots shall b e in s ubstant i a lly t h e following form: OF FIC I AL BAL LOT S t ub No. 1 OFF I C I AL BALLOT Stub No. 1 OFFICIAL BALLOT CITY OF ENGLEWOOD SPECIAL ELECTION STATE OF COLORADO 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 Revised Statutes, 1973, as amended, to serve a public use, to promote health, safety, prosperity, security and welfare of the inhabitants of the municipality and to -8- • I • • • • • .. halt and prevent deterioration of property values in the central business district, thereby empower- ing the Council of the City of Englewood to assess, levy and collect an ad valorem tax upon the taxable property within the jurisdiction of the Authority not to exceed five (5) mills for the use and benefit of the Authority, said Authority to exer- cise its powers within the district in the City of Englewood to be bounded as follows: Beginning at the Northeast corner 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 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 Street and South Sherman Street; Thence south along said centerline a distance of 660 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 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 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 feet more or less to the centerline of the alley between South Logan Street and South Pennsylvania Street; Thence South along said centerline a distance of 845 feet more or less to the centerline of East Jefferson Avenue, 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 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 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 Street; Thence South along said center- line of South Bannock Street a distance of 90 feet more or l ess to a point on a line projected from the South line of Lot 63, Block 5, Skerritts Addition, 2nd Filing; Thence West a distance of 163 feet more or less to the centerline of the alley between South Bannock Street and South Cherokee Street; Thence South along said centerline a distance of 300 feet toa line projected from Lot 18, Block 5, Skerritts Addition, 2nd -9- • I • • - 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 to the centerline of West Ithaca Avenue; Thence West along said centerline of West Ithaca Avenue a distance of 163 feet to a projected 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 distance of 163 feet more or less to the centerline of South Delaware Street; Thence South 12.5 feet; Thence West 163 feet more or less to the centerline of the alley between South Delaware Street and South Elati Street; Thence South along said cent e 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 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 less 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; 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 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 ;---y NO OFFICIAL BALLOT FOR SPECIAL ELECTION HELD IN THE CITY OF ENGLE WOOD, COLORADO, ON SEPTEMBER 19 , 1 9 7 8. -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 Development Authority is approved, an ad valorem tax not to exceed five (5) mills may be assessed, 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- visions of Part 8 of Article 25 of Title 31, Colorado Revised Statutes 1973, as amended. Section 10. The votes cast at special election shall be canvassed 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 question 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 section, 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 prov isions of this Ordinance, the intent ion 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, Read by Title and passed on final reading on the 7th day of August, 1978. Published by Title as Ordinance No. Series of 1978, on the 9th day of August, 1978. MAYOR -11- • I • • • • • • ATTEST: Ex officio City Clerk-Treasurer I, William D. Jmaes, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1978. Ex officio City Clerk-Treasurer -12- • I . • • • - A BILL FOR AN ORUI:-.:!,NCE c;,• Ll',G A SPE"lAL 'l •IC'IF~t LFCTIOi'l FOR '!'HE PURPOSE OF SUBMITtiNG TH~ 0UEST&lN OP .IE ESTABL ISH ~~NT OF A DOWHTO\'IN DEVELOP~lE~T !l.uTHORI'r' A V ,TE OF 'll!E l'ALlFII::D ELECTORS OF 'l'HE !!TSTRIC''l' AND ::>R \ D G Fl R THE CO. DT;CT TI!EJ:tf.'OF . ~HL REAS, the C1ty Counc1: of ~ C ty of Englewood, Colorado has del• rmir,ed <P dots h rd)) J0 t'r tne thnt it is necessary to •.st 1b l ish ::lumt< wn D v h f' nt A 1tho1· i y for the public health, <dfety, pr-:> ... pe:l ity, 5CL 1r1 y an<l "·elfare and to halt and pr<V0r a 1i01a 1on ot proper y values in the central bus1n~ ·s (.is <~nd 1-lHE RfAS, 1 t 1" fi1 ~ nt. · ·s~·dry to submit t he quest ion of the establ ist.~ •nt t f ·u , an Jut h ,, 1 r-y to a vote of t-he qualified Plect< ~~oft}-r • tri t W't, lll whLch tl1e Author.tty is to exercise 1~e ~-:>w r . NOli, .'Hw,t" FCIR!-', OF THE CJTY OF PNGLEWOOD, Section 1. Pursu.~n Revised Stat utes, lG73, to a vote of the q~ 11 described at a s~ 1 on Tu sd y, t~ :9th of 7:00 o'clock A.". hereln<~fL r r. 1 ~FD BY 1HB C[TY COU~CIL .,. follnws: 25 c 1tl~ 11, Color~do rc sJ,,,l be submitted t~e ~lJ~rict hereinaft•r ld for that purpose r 1 78, tw ten the '•ours P.M. a the pol ling pla e q ..,st1on: ,,T AUTH')R r.., F ( T 'IE.D 2'> f 'll ~~---~- • I . • • • • AUTHORITI TO F: "R.C'[SL ITS POWERS WITHIN A DISTRlLI IN THE CITY OF L GLEWOOD, TO BE BOUNDED hS POLL WS: Be ginning at the Nor theast corn~r o f the Southwes t Quart r of S e ction 3 4 T o wn s h ip 4 "nuth , R~nge 68 Wes t o f t h e 6th Principle Meridian ; thence South <llong th e F.as t l ine of S outh Quart e r s ection 6 60 fe e t more or ], ss t o a poi nt wh ich is int e r s ected by the cent er l i s of Suulh U1o~~wdy an d Eas t ma n Avenue, this being th e t1·uc 1 o~nt of l.egumi ng: Thenc e East alon g t h_ ccnt~:rlinc f E:-st Fa;lrnan A·cnu a dista nc e of 509 f ee t more or 1< ss to l1 e cr>n erl inc of t h e all e y b e t we en S ou th L incoln StrcL·l and SouthS! 1'nan Sire t ; Th e n c e s outh al o ng sai.d cLn' tline a dist:'l cc uf GGO feet more or le s s to a po i n t o n the ccntL•r l inc of Enst t loyd A v u me Th e nce East a l ong snid centerline of East lloyd AV<lllle a distance of 326 f eet more or less to the cent .. rljne of th e a ll e y b e t wee n So ut h Shcrm n Street and South Grant Str• et; Th e nce So u th alo ng s~id centerline a dis t ance ol 11~0 feet more or le s s to a point .)'1 a 1 · ne projec t ed from the Nort h line of Lot 30, Bl ock 7 , Prcmir·r o\dclitio n ; The1.ce f:'tst a distance of 489 f eet more or less to the c~n11rlin of Sou th Logan St r eet; Th ence South along &aid ccrt1~rline of South Logan S t r ee t a d istance of 50 feet; fh1 nee East a dist·tm•c o f 163 feet more o r l1ss to the Cl'llterline of the alley lJetwPc n South Lo g an Street and f;(Juth P 1 .. 1 yhania Street; Thence Sout h along said cent c rli n a eli stance of 8t5 feet more or 1 , s o the centerline of East JefJcr~un A ·cPue, a l so know n as U.S. Highwa y 285; Thence Wes t a l ong said cenlclline of U.S . Hi g hway 285 a di s tance of 8 2 4 .5 fret mure ur lt•ss to the t:L•nt •r1ine of South ShP r a n Strc<!t; lllence ~ uth along sald Nnlpr·line a di s t a n ce o f 1 7 5 fe<.·l more or lt·.,s to a point on the projecte d South line of Lo t 41 , Blor·k 2, Ji'~''Hls Fllo 1<iway Adrl' tio n; Th e n c e 11'c s t a dis t ~n ce of llGH fc<'t r>ol·e or l •ss to t h e CC'nter- line of the alley b etwee n South Bat nock Stt·(•pt at•d South Acoma Street; Tit enc e No r t h a distance of GSO f!et wore or less to the c e nterl i ne of U .S. 285; Then l' .'nrth" sterl;,. along sa id c e nterlin e of U .S. Highway 285 to a JOint which i the ce nter- line of South Bannock Stre ; Thrncc South alonr sai d ce n t r- line of Sout h Bann ck S reet J1s nee ot DO feet more or lr>s o:; to a po i n t on· line 1 'OJ ct... fr·o the South lin<' of Lot 6 3, Block 5, Skerr1 t ts ddi 1on, 2nd r'1liu ; Tll~>nc<' Wps t a d i s t ance o f 163 fep mor<> or 1 ss to the n Prlin of t he alle y b e t ween South Bannock StrP t and South Ch rokee Street; Th ·nee Sou th along said c nt.:rl1n a distance of 300 f eet to a line proj ec t ed f rom Lot lo, lock 5, Sk(•rritts Achll t io n , 2nd f i l i n g ; T hence WPst n d1 tanc of 177.5 fe•t mnr<' or less to th ce nt e r li n e of South cf,CJokec :,u·u~t; Thrnce 'ot·th 25 f e et to t il! crnt r l ine of,. t tlwc Avenue; 1h uce \'ip·t a l o ng s a1d cc nt •r lint> ot Vt ·t Ithaca A\PliUe a lll. tnncc o t 1 63 feet to a proj C'C t C'd cente r line of the ~llPy between Sou th C h rokee S t rcC't an d .outh 1 1. an Str c>t: 'flu nee :1\or t h a l ong sa id ccll t <'rline a di tan<; of 1 0 f ct r.orc or l to a l ine pro- J c t d from :J,e t'orth lin f Lot 11, Ilo k 1, S~ rritt. _,_ • • I • • - • • • • Addition; Thence West a distance ot 163 feet more or less to the centerline of South Delaware Street; Thence South 12.5 feet; Thence West 163 fe et mo re or less to the centerline of the alley betw een South D~laware Street and Sout h Elati Street; Thence South along said ce nt er line a distance of 167.5 feet more or less to the ccnt1 rlinc of Wes t Itha ca Avenue; Thence West along said Centerline of West Ithaca Avenue a distance of 1793 feet more or le ss to the centerline of Sout h J:1son Street; Thence North along said c n ter line of South Jason Street a distance of 460 feet mure or less to the ce nterline of West Hampden Av enue also known as U.S. Hig hway 285; Th e nce West a di s tance of 350 feet more or less to the East right-o f- way line of the A.T. & S . F . Rail1oad; Thence Northeasterly along sai d East ri g ht-of-wa y line a distance of 1156 feet more or less; Th e n ce East a di s t ance of 2592 f ee t mo re or less to the centerline of South Bannock Stree t ; Thence North 192 f eet more or l ess along the centerline of South Bannock Street; Thence East a di stance of 163 fePt more or less; Thence North a distance of 470 feet more or le ss to the centerline of West East ma n Avenue; Thence East a distance of 509 feet more or less to the true point of beginni n g. Sect ion 2. -------- Sa id special election shall be held and conducted in accordance with the Char er of the City of Englewood , the Consti ution of the State of Colorarlo, and the Co lo r1do Munici- pal Elect1on Code of 1965, as amended, insofar as the same may be applica le . Section 3. No vote , cith t f0r or against the question o be submitted at said specJal lcction, shal l be receivPd or permitted by the Ju<.lgl:S o • lection unless th pPrson off ring the same shall be a qualtfied clec or of the Dis ric A qualif1ed el ~lor of either a "resident, "landown r", are defined below: ho District 1s one who is or a "lcssc " s hcse erms "Resident" means on~ who is a ci izen of the United States nd a res1 dent of the S a e of Colorado , 18 years of age o ol er , who makes h1s prim ry dwelling place in the Oi tr1c • "Land ~,ec" rn• ans th own r in f c of any undivided 1n e r est in real prop•rty or nny improv em0n t, p rman- ently affixed ther to wi hin he District. "Owner in -3- • • I • • • • • • Fee" 1ncludes a contract purchas•r ob ligated to pay general taxes, an heir, and a devisee under a W1ll admitted to Probute and do s not include a contract seller of property wi h re- spect to which the contr ct purcha~er is deemed to be lha owner in f e. "Lesse " me1ns the holder of the lease-hold inter st in real prop< rty within the Di.'tt ict. "Lease-hold Intetcst" does not include a lice>nst~ or mere contrac rigt~ to use real proparty w1thin the Di <>tr ict. Any landowner or lessee which is not a natural p erson may vot e only 1f it d signates by some official action a r e presentative thereof to cast its ballot. Section 4. The qualified electors of the D1slr]ct shall vote at said special elec o n by s0cret paper ballo , either by submitting n absent voter ballot or by appearing and casting a ballot at the polls. Voting machines will not be used . S ction 5. Qualif1ed electors of the District who meet the requir ments of the Colorado ~un1cipal Elec ion Code of 1965 , as amended, rei ~ Jng to als nt vo·er balloting, and who intend to vote by absent voter ballot, may obta1n informat1on and apply for and receive an 1Ls n vo er ballo at the office of the Director of Fi na nce, Ex Otficio C1tv Clerk, at City Hall, 3400 South Elati Street, Englewood, Colorado , at any time during regular business hours on or before Friday, the 8th day of September, 1978, by following the p1ocedure s set forth in sa1d Blection Code. Section 6. The nglewood Elec 1on Comnission shall <'S ablish precinct or pruc1ncts and appo1nt the elect1on judges and clerks for ach such prec1nct or precincts as provided in the said Colorado Municipal I'l ction Code or the City Charte r. §.~n 7. The Dir•c 1 o Finance, EY Off1cio City Clerk, nd all other proprr uf:1c1 Is of the C1ty of Bnglc~uod shall give Notice of sa1d Sf.•Cclal ~lunlctpal Plection , whic-h Not ice shall b publ1shed 1n them nner and for the le 1gth of time required • I • • • • • - by law, an d said Director of Fin anc e, Ex Officio City Cl e rk, is further instructed to post a copy of said Notice at the polling place in eac h precinct or precinct s at l eas t t e n (10) days before sai d special e l ection . Said Noti ce of spec ial e l ec tion shal l be in substantially the following form: NOTICE OF SPECIAL ELECTION CITY OF ENGLEWOOD , COLORADO DOWNTOWN DEVELOPMEN'£ AUTHORIT Y SEPT EMBE R 19, 1978 NOTICE IS HEREBY GIVEN that at a spec ial election to be held at the polling place h e reinafter d esignated on Tuesday, the 19th day of S eptembe r, 1978, between the hours of 7:00 o'clock A .M. a nd 7:00 o'clock P.M., there shall be submitted to the qualified electors of the District the following question: Shall a Downtown De v e lopme nt Authori ty be formed pursuant to Part 8 of Article 25 of Tit}~-· 1 31, Colorado Revised Statute s, 1973, as amended,~~~ thereby empoweri ng the Council of the City of ~~I Englewood t o assess , levy and collect a n ad valorem tax upon the taxable prop erty within the jurisdiction of the Authority not to exceed five (5) mills for the use and benefits 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 Northeast corner of the S o uthwest Quarter of S e ction 34 Township 4 S o uth, Range 68 West of the 6th Principle Meridian; thence South along the East line of South Quarter section 660 f eet more or less to a point which is intel'secte d by the center lines of South Broadway and East m ;~n Av nue , this being the true point of b eg inning; Thence East along the centerline of East Eastman Av enue a distance of 509 feet more or l es s to the centerline of the alley between South Lincoln Stree t and South Sherman Stree t; Thenc e s outh along said centerline a distance of 66 0 feet more or 1 s s to a point on the centerline of East Floyd Av eme 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; Th n e South along said centerline a distance of 1140 feet mo re 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 center line of South Lo ga n Street; Thence Sout h along sai d centerline of South Logan Street a distance of 50 feet; Th ence East a distance of 163 feet more or le s s to the cent rline of the alley between South Lo ga n Street an d South Pennsylvania Street; Th ence South -5- • I • • ( • • • .. along said centcrl1 ne a d1stanc e of 815 feet more o r less to the center l ine of East Jefferson Av enue, als o known a s U.S. Highway 28 5 ; Thence West along said centerline of U.S . Hig h wa y 285 a distance of 824,5 feet more or less to the ce nt e rlin e of South Sherman Street; Thence South a lo ng said cen t e rlin e a distance o f 17 5 feet more or less to a p oin t on the pr o jecte d Sout h line of Lot 44, Block 2, Higgins Bro a d wa y Ad d ition; Th ence West a distance of 1168 feet more or l ess to the c •n ter- l ine of the alley between South Bannock Street and South Acoma S treet; Thence North a distance of 680 feet more or less to the centerline of U .S . 285; Th ence Northwester ly along said centerline of U.S. Highwa y 285 to a point whi c h i s the center- l ine of Sou t h Bannock Street; Thence South a l ong said c nter- line of South Bannock Street a distance o f 9 0 feet more or less to a point on a line projected from the South line of Lot 63 , Block 5, Skerritts Additio n, 2nd Filing; Thence West a d istance of 163 fee t more or l es s to the centerline of the all e y betwee n South Bannock Street and South Cherokee Street; T hence So u th along said centerline a distance of 300 feet to a l i n e projected from Lot 18, Block 5, Skerritts Add1tion, 2n d Fi l ing; Thence West a distance of 177.5 feet more or less t o the centerline of South C ~erokee Street; Thence North 25 fee t to the center l ine of West Ithaca Avenue; Th nee West along sa id centerline of ~est Ithaca Avenue a distance of 163 feet t o a projected centerline of the alley between South Cherokee S tr eet and South Delaware Street; Thence North along said center l ine a distance of 180 feet more or less t o a line pr o- j cted fro m the North line of Lot 11, Block 1, Skerritts Addition; Thence West a distance of 163 f ee t more or less t o the cen er l ine of South Delaware Street; TI1ence South 12.5 feet; Thence West 163 feet more or less to the centerline of the alley betw en South Delaware Str0et and South Elati Street; Thence South along sa id cen terline a distance of 167,5 f et more or less to the centerline of West Ithaca Avenue; Th ence Wes t along said Ce11terline of Wes t Ithaca Avenue a distance of 1 793 feet more or less to the centerline of South Jason S treet; Thence North along said center line of South Jason S treet a distance of 460 feet more or less to the centerline of Wes t Hampden Avenue also kn own as U.S. Jltghway 285; Thence West a distance of 350 feet more or less to the East right-of- wa y l ine of the A.T. & S. F. Railroad; Thence Northeaster ly along said East right-of-way line a distance of 1156 fee t more or less; Thence East a distance of 2592 feet more o r less to the centerline of South Bannock Street; Thence North 192 f eet more or less along the centerline of South Bannock St reet; Thence East a distance of 163 feet more o r less; Th nee No rth a distance of 470 I et more or less to the centerline of Wes t Eastman venue; Th nee East a distance of 509 feet more or less t o the tru point of beginning. The purpose of he proposed Downtown Development Authority is generally to serve as a vehicle for planning and improving the above dPscrlbed central business dis rict by -6- • I • • - ( • ( • • • - th e exercise of the powe rs granted to it by the governi ng Statute. A Qualified electo r of Lhe Dist r ict is one who is either a "Reside nt ", a "Landdowner ", o r a "Lessee " as these terms are defined below : "Reside nt" means one who is a c1t1zen of the Unite d States and a residen of the State of Colorado , 18 years of age or older, who makes hi s primary dwelling place in he District. "Land owner" Means the o wner in f ee of any undiv ided i ntere st in r e al proper y or any improve ment, permanen tly affi xed thereto within the District . "Own e r in Fee" includes a contract pur chase r obligated to pay genera l tax es , an heir, and a devisee u nder a Wi ll admitted t o Probate and does not include a contract seller of property with respect to which th e contrac t purchaser is d eemed to be the owner i n fee . "Les se e" means the holde r of the lease-hold interest in r0al property within the District . "Lease-hold Interest" doe s not i n cl ude a licens ~ or mere con ract right o use real property within he Dis ric Those quall.fied lectors of the Dj strict who are other - wise ful ly qualified Lo vote on said question at said election , b ut shall be absent from their precincts on the day of said special election , o r who by reason of the1r work or the nature of their e mployment are likely to be absent and fear hat they will be abs nt from their precinct on the day of said special election , or who becaus of serious 1llness or phys ica l disability, o r wh o for reasons based upon the doct rines of an esta bl ished religion shall be unable to attend the polls , may apply in wri ing at the office of the Direc or of Finance , Ex Officio City Clerk, t City Hall, 3400 S. Elati Street, Englewood , Colorado, for absent voter allots at any time dur1ng regular bus1ness hours on or before Friday, September 8, 1978. The El ct1on Commission has Pstablished , for the purposes o f said special el ct1on only one election precin c t, the polllng place for which sh 11 be tr.e Community Ro om in the Engl wood City Hall, 3400 South Elat1 Street, Eng lewood, Colorado 80110, and he boundaries of wh ich shall be the same as he bound ries of he proposed Distric . The a bsent voter -7- • I • • ( ( • • • • polling place shall be the Office of the Director of Finance. Ex Officio City Clerk , Englewood City Hall, 3400 South Elati Street , Englewood, Colorado. The votes cast shall be r ecorded on paper ballots , and said special election shall be held and conducted , the returns thereof canvassed , and the results thereof declared, i n t h e manner prescribed by law for other Municipal Elections. IN WITN ESS WHEREOF, t ie Council of the City of Englewood, Colorado, has caused his Notice to be given. (CITY SEAL) /s/ Director of F1nance Ex Officio C]ty Clerk City of Englewood, Colorado Section 8. The ballots to be used in voting u pon the question to be submitted at said specia l election shall be prepared a nd furnishe d b y 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 t h e following form: OFFICI.I\L BALLOT Stub No. 1 OFFICIAL BALLOT Stub No. 1 OFFICIAL BALLOT CITY OF ENGLEWOOD SPECIAL ELECTION STATE OF COLORADO SEPTEMBER 19, 1978 (Each elector desirous of voting FOR or AGAINST the following question sha ll designate his or her choice by plac]ng a cross (X) 1n he square opposite the words expr ssing his or her choice .) Shall a Downtown Developm~nt Authority formed pursuant to Par 8 of Article 25 of T1tle 31, Colorado Revised S atutes, 1973, as m:nded,~lh e reby e~power1ng the Council ~~~8 ~1 • be of I • • ( ( • • • • the City of Engl ~wood to assess , evy and collect ad valorem tax upon the taxable prop rty w1thin the jurisdiction of the Authority not to exceed five (5) mills for the use and benef1t of the Authority, said Authority to exercise its powers within the District in the City of Englewood to be bounded as follows: Beginning at the Northeast corner of the Southwest Quart er of Section 34 Township 4 South, Range 68 West of the 6th Principle Meridian; thence South along the East l ine of South Quarter sectio n 66 0 f et more r less to a point which is intersecte d by the center lines of South Broadwa y and Eastma n 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 centerline of East Floyd Avenue Thence East along said centerline of East Floyd Avenue a distance of 326 feet more or 1 ss to the centerline of the alley between South Sherman Street and Sout h Grant Street; Thence South along sai d centerline a distance of 1140 feet more or less to a point on a line projected from the 'ort b 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 ; Th nee South along sai d centerline of South Logan Stree t a distance of 50 feet; Thence East a distance of 163 feet more or less to the centerline of the alley between South Logan Street and South Penn syl vania Street; Thence South along said cen t erline a distance of 845 feet more or less to the centerline of East Jefferson Avenue, al o 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 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 1 ss to the c nter- line of the alley between South Bannock Street and South Acoma Street; Thence North a distance of 680 feet more or 1 ss to the centrrline of U.S. 285; Thence North~esterly along said ente rline of U.S. llighv.ay 285 to a point which is the center- line of South Bannock Street; Thence South along said center- line of South Bannock Street a distance of 90 feet more or l C'ss to a point on a line proj cted from thC' Sout h line of Lot 63, Block 5, Sherrills Addition, 2nd Filing; Th nee West a distance of 163 feet more or lC'sS to the ce nterline of the alley betw en South Bannock Strc t and Sout h Ch rokee Street; Thence South along said centerline a distance of 300 feet to a line proj ct d from Lot 18, Block 5, SkPrritts Addition, 2nd -9- • I • • ( ( • • • • Filing; Thence West a distance of 177.5 feet more or less to the centerline of South C~erokce Street; Thence North 25 feet to the centerline of West Ith ac a Avenue; Thence West along said centerline of West Ithaca Avenue a dist ance of 163 feet to a projected centerline of the alley between South Cherokee Stree t and South Delaware Street; Thence North along said centerline a distance of 180 feet more or l es s to a line pro- jected from the North line of Lot 11, Block 1, Skerritts Addition; Thence West a dist a nc e of 163 feet more or l es s to the centerline of South Delaware Slreet; Th ence South 12.5 feet; Thence West 163 feet more or less to the centerline of the alley between South Delaware Street and South Elati S treet; Thence South along said centerline a distance of 167 .5 feet more or less to the cent erline of Wes t Ithaca Avenue; Thence West along sai d Cente rl ine of West Ithaca Avenue a distance of 1793 feet more or l ess to the centerline of South Jason Street; Thence North along said centerline of South Ja so n Street a distance of 460 feet more or less to the centerline of West Hampden Avenue also known as U.S. Highway 285; Thence West a distance of 350 feet more or les s 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 11 56 feet more or less; Thence East a distance of 2592 feet more or less to the c ente rline of South Bannock Street; Thence North 192 feet more or less along the centerline of South Bannock Street; TI1ence East a distance of 163 feet more or l es s; Thence North a distance of 470 feet more or less to the centerline of West Eastman Avenue; Th ence East a distance of 509 feet more or l es s to the true point of beginning. YES ;-, 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 establ ishment of the p roposed Downtown Developme nt Authority is approved, a n a d va lorem tax not to excee d five (5) mills may be asses sed, l evied an d col l ec ted by the Council of the City of Eng l ewood, Colorado , for the use an d benefit of the Autho rity in accordance with the pro- vi sions of Part 8 of Arti c le 25 of Title 31, Colorado Revised Statutes 1973, as amended. Sec tion 10. The votes cast at special election shall be canvassed the return s the r e of made, and the results thereof declared in the manner provided by law for the c anvass, return and declar- a t ion of the r e sult of vote s cast at r eg ular Municipal elections for the City of Engle wood, Col o rado. Section 11. If a majority o f the qualif i ed electors of the District vo ting o n the qu estion set forth h ereinbefore to be submitted at said special election vote for the establi s hment of the proposed Downtown Development Au thor ity, the Counci l shall proceed forthwith by Ordinance to esta bl ish said Authority. Section 12. If any section, par gra ph, 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 in tenti on being that the various sections , paragraphs , clauses or provisions h e~eo f are severable . Introd uced, r ead in full and passed on first reading the -=1_7 ___ day of July, 1978. Published as a Bill for an Ordinance on July 19, 1978. MAYOR ATTEST: Ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the -1 1- 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 .