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HomeMy WebLinkAbout1978-08-21 (Regular) Meeting AgendaCOUNCIL MEETlclG -aEGULAR Au 6 ust 21, 1978 • • • 0 • • • • CITY COUNCIL MEETING August 21, 1978 ORDINANCE II yf. 18, 19, 20 RESOLUTION II 71 , 52, 53, 54 • 0 0 I . . ....... • ( • REGULAR MEETING: • • .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 21, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado , met in regular session on August 21, 1978, at 7 :30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Dr. Harold Warner, Pastor of the First Christian Church of Englewood, 3190 South Grant Street . 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 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 THE REGULAR COUNCIL MEETING OF AUGUST 7, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Harold Ambrosier, 3910 South Elati Street was present and discussed his request for passage • I • • August 21, 1978 Page 2 • • .. of an ordinance prohibiting anyone living in the City of Englewood fr om owning o r having an unspayed female dog unless otherwise permitted to do so by a license of a kennel . Mayor Taylor informed Mr. Ambrosier the Council will discuss the matter in a study session and check with the City Attorney to see what can be done. Councilman Clayton requested that the Clerk reproduce Mr. Ambrosier's let te r from the minutes and supply each Council member wit h a copy. * * * * * * Pre-scheduled visitors, Captain Ron Frazier of the Englewood Police Department and Ruddy Tisch, 7032 South Franklin, Littleton, were present to d i scuss the annual liquor license renewal of Mr. Tisch's liquor establishment, the Liquor Barn located at 4415 South Broadway. Captain Frazier referred to the i nvestigation letter which was attached to Mr . Tis ch's request presented to Council on August 7, 1978. Captain Frazierstated the letter reflected a clerk employed at the store was charged with an illegal sale of liquor to a minor; howeve r, immediately followi ng the incident Mr . Tisch terminated the clerk. Capta in Frazierstated the fil e on the Liquor Barn actually reflects a broader pictur e in that there are numerous reports where the management has called the police de- partment to report minors trying to buy liquor. Captain Frazier stat e d that there were no other violations that could be charged against their business. Captain Frazier stated the police de- partment is impressed with Mr. Tisch's efforts to report such i ncidences and recommended that the liquor license renewal be g ranted. The Council discussed this matter at length with both CaptainFrazier and Mr. Tisch. Council cautioned Mr. Tisch of t he s e r i ous repercussions that f ollow such an incidence. Mr. Tisch a ssured the Council that he is taking every precautionary measure to prevent any re-occurrence . * * * * * * COUNCILMAN WEBER MOVED TO GRANT THE REQUEST FOR AN ANNUAL REN EWAL OF A RETAIL LIQUOR LICENSE FOR THE LIQUOR BARN, 4415 SOUTH BROADWAY. Councilman Williams s e conded the mo tion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members W ber, Smith, Harper, Clayton, Mann, Williams, Taylor . • I ( • Au gust 21, 1978 Page 3 Nays: .. None. • • .. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard. No one responded. * * * * * * COUNCILMAN WILLIAMS MOVED TO TAKE OUT OF ORDER AGENDA ITEM 8B, A MEMORANDUM FROM THE CITY MANAGER TO CITY COUNCIL CON- CERNING AN AGREEMENT BETWEEN A-1 DIVING COMPANY AND ARAPAHOE COUNTY FOR USE OF A LAKE ADJACENT TO CENTENNIAL PARK. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Weber, Harper, Clayton, Mann, Williams, Taylor. Counc i l Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the memorandum to which was attached an agreement between the Arapaho e County Commission ers and A-1 Diving Company allowing the diving firm to use the lake adjacent to Centennial Park for various diving activities. City Manager McCown stated even though the lake is owned by the County, the Commissioners are requesting written permission from the City of Englewood signed by the Mayor and the City Clerk allowing the diving company to use the park. City Manager McCown stated a re- presentative from the A-1 Diving Company, Mr . J . D. Bakke, was present if Council had any further questions . Mr. J. D. Bakke, 3445 South Downing, appeared before Council and stated the written permission is the City's acknow- ledgement that his firm will be using the lake and also alerts the Englewood Police Department who patrol the area . Mr . Bakke answered several questions from the Council. Councilman Clayton presented Mr. Bakke with the followi ng question and asked that it placed in the minutes verbatim . Councilman Clayton : Do you understand where the boundaries are over there between Arapahoe County property and Englewood property and • I • August 21, 1978 Page 4 Mr. Bakke: • • .. is it your full intention and practice to conduct everything you do on the Arapahoe County property? Yeah,we went through that with the County. We looked at the County map s and I proposed that we stay on the County side so we wouldn't interfer with Englewood and I made it clear that we wouldn't venture into Englewood. Yes sir, I do understand where they are. COUNCILMAN SMITH MOVED THAT THE COUNCIL AUTHORIZE THE MAYOR TO SEND A LETTER TO THE ARAPAHOE COUNTY COMMISSIONERS AUTHORIZING A-1 DIVING COMPANY, INC. TO USE THE LAKE. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. Mr. Bakke requested that he receive a copy of the letter Mayor Taylor sends to the Commissioners. Mayor Taylor assured Mr. Bakke that he would be sent a copy. * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PRE-BUDGET PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Will i ams, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown stated the purpose of the hearing was to r e ceive input from the citizens of the City of Englewood as to what pr i orities they would like the City to establish for the 1979 budget. * * * * * * • I • August 21, 1978 Page 5 • • .. Mayor Taylor asked i f there was anyone in th e aud i ence wishing to offer suggestions for the 1979 b udget. Tom Chesher, 962 East Cornell, appeared before Council and stated he was appearing as a representative of the Jaycees . Mr. Chesher requested that additional money be given to the Jay- cees in 1979 to help produce their annual 4th o f July celebration . Mr . Chesher stated the Jaycees we re short $250 from this year 's celebration and r e ques ted that Counc i l budget an add it ional $250 or possibly more next year. Councilman Clayton requested Mr. Chesher to provide a copy of the Jayce e s budget for purposes of review prior to mak-ing an decision on a donation increase. * * * * * * Mauric e Jones, 5020 South Washington, appeared be f ore Council and reque s ted that funds be bud geted f or fac i liti e s at Duncan Park. Mr. Jones also re quest e d that f unds be budget e d f or a study of all the alternatives f or i mproving Clarkson Stree t . * * * * * * Myrtle Jones, 50 20 South Washington, appeared before Council and urged Counc i l to give no money to the improvement of Duncan Park unless the p lans i nclude bathroom f a c i l i ties. * * * * * * COUNCILMAN SMITH MOVE D TO DIREC T THE CIT Y MA NAGE R TO BRING TO COU NCIL A STUD Y BASED ON AN IMPACT OF A 3 .5% I NCREASE TO ALL NON -EME RGENCY EMPLOYEES AS IT APPLIES TO THE BU DGET FOR A STUDY IN EXECUTIVE SESSION. Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper , Clayton, Mann, Williams, Taylor . None. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any oth er visit or s wishing to speak to Council on pre-budget related matters. No one responded . * * * * * * • I • • n • August 21, 1978 Page 6 • • • COUNCILMAN SMITH MOVED TO CLOSE THE PRE -BUDGET PUBLIC HEARING . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smi th , Harp er, Clayt on, Mann, Williams, Tay l or . None. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) Minutes of the Board of Adjustment and Appeals meeting of July 12, 1978. Minutes of the Denver Regional Council of Governments meeting of July 19, 1978. Minutes of the Board of Career Service Com- missioners meeting of July 20 and July 26, 1978. Minutes of the Employees' Retirement Board meeting of August 10, 1978. Minutes of the Parks and Recreation Com- mission meeting of August 10, 1978. Financial Report for the month of July, 1978. * * * * * * City Manager McCown presented the minutes of the Englewood Library Board meeting of August 8, 1978 with a recommendation that the City Council approve the proposed contract between the Library and the Arapahoe Regional Library District for the calendar year 1979 and authorize the Mayor to sign the contract. COUNCILMAN CLAYTON MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR PASSAGE OF THE CONTRACT BETWEEN THE LIBRARY AND THE ARAPAHOE REGIONAL LIBRARY DISTRICT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. • I • • n ( • August 21 , 1978 Page 7 .. • • • The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Community Development to the City Manager concerning Belle Isle Gardens Annexation Petition. City Manager McCown stated the matter has to go before the Planning and Zoning Commis- sion for a zoning hearing. City Manager McCown recommended that Council receive this report and table any further action until the Commission has the hearing. COUNCILMAN WEBER MOVED TO RECEIVE THE REPORT AND POST- PONE ANY ACTION UNTIL THE PLANNING AND ZONING COMMISSION DECIDES ON THE ZONING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 17, SERIES OF 1978 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. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 17 , SERIES OF 1978 ON FINAL READING. Councilman Weber seconded the motion. Upon a call o f the roll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * • I • • • August 21, 1978 Page 8 • • • INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AMENDING SECTION 22.4-13 h., ENTITLED I-1 LIGHT INDUSTRIAL DISTRICT, CONDITIONAL USES, BY CORRECTING SUB-SECTION h. (1) (a) (2) (3) AND (5) BY INCLUDING OMITTED PHRASES IN THE ORIGINAL PASSAGE OF ORDINANCE NO. 6, SERIES OF 1978. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING . Councilman Clayton seconded the motion . Upon a call of the roll , the vote resulted as follows: Ayes : Nays : Council Members Weber , Smith, Harper, Clayton, Mann, Taylor . Council Member Williams. Councilman Williams stated he voted no on the original ordinance; therefore, he would have to vote no on this one. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AND 22.8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN MANN MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING AND SET THE PUBLIC HEARING FOR SEPTEMBER 18 , 1978 AT 7 :30P.M . Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8 :45 p.m. The Council reconvened at 8 :55 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: • I • • - • August 21, 1978 Page 9 • • • Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS CONCERNING THE USE OF FEDERAL FUNDS FOR THE CONSTRUC- TION OF A DRAINAGE STRUCTURE AND APPROACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CITIES OF ENGLEWOOD AN D LITTLETON, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, LITTLETON, COLORADO AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACEMENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. • I • • • August 21 , 1978 Page 10 ,. • • - The Mayor declared the motion carried. ***'~** INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF A CERTAIN PARCEL OF REAL PROPERTY LOCATED WITHIN THE CITY OF GREENWOOD VILLAGE, COLORADO. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANC E ON FIRST READING. Councilman Clayton second e d the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None . The Mayor declared the motion carried . * * * * * * City Attorney Berardini presented a proclamation sup- porting the "Jerry Lewis Muscular Dystrophy Telethon Weekend" of September 3 -4, 1978. COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION SUP- PORTING THE "JERRY LEWIS LABOR DAY TELETHON" AND "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND". Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follow s: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried . * * * * * * RESOLUTION NO. 51, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 PUBLIC IMPROVEMENT FUND BUDGET. City Attorney Berardini stated the resolution provide s for the redesignation of funds ($100,000) from the planned expen- diture for the fire station on Belleview to the remodeling of the combined City Council/Court Chambers • • I • • ( • August 21, 1978 Page 11 ' • • .. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 51, SERIES OF 1978. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Memb e rs Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None . The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from himself to the City Council concerning the ad for the Englewood High School Pirate Log. COUNCILMAN CLAYTON MOVED TO APPROVE THE EXPENDITURE OF $75 FOR 1/2 PAGE AD IN THE ENGLEWOOD HIGH SCHOOL PIRATE LOG BOOK FOR THE YEAR 1979. Councilman Mann seconded the motion. COUNCILMAN SMITH MOVED TO AMEND THE MOTION TO READ A FULL PAGE AD IN THE AMOUNT OF $140. Councilman Mann seconded the motion. Upon a call of the roll, the vote on the amendment re-sulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Williams, Weber. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO SET SEPTEMBER 11, 1978 AT 5:00 P.M. AS A STUDY SESSION TO REVIEW THE SERVICENTER AUDIT. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • August 21, 1978 Page 12 Ayes: Nays: • • • Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. Th e Mayor declared the motion carried. +. -;-* * * * c::.:v !·:o.nagE:r :-:cCo~>.11 i:-~forcE:c t::E: Council tnat bo :!-. ~E: and Assistant-City Ma nager Curnes would be out-of-town attending the State Managers' Con fe rence on August 24 and 25, 1978 . City Manager McCown stated th~t Director of Fina~c e B~ll James has been design ated Acting C1ty Manager in the 1nter1m. "i· .!o ·~ · : ~ -. ·"'>·.--: -,,. · . ., .... _, · -·.: . ,.,~ >,·;nc., · :,-!,n~ oe able to acquire-the Duncan Sc hool ParK on Se ptemb er lst for the rest of this year for $1.00. Mayor Taylor asked for Coun - cil's opinion on whether they should obtain portable restrooms for the area during that time if the pur~hase takes place . COD:CIL':P..:; :..-.::B::P. ~OV::D TO DIR::C'!' TEE CITY !-:Lt-.;1-.GER TO .3:::;::;,.,: T:'l::: I..Oi\'E:S:-5:::>D::.G COX?~;y TH;.T ~;I !..' Sl'?PL'.' n.;o PORTABLE ~OILETS FOR DUNCAN PARK AND HAVE THEM LABELED ACCORDINGLY . Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Counci l Members Weber , Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * At the request of Mayor Taylor, Council discussed whether or not to continue the Mayor's Coffee program since the attendance at the meetings has been so low. Mayor Taylor stated the meeting has already been publicized for the month of September . COUNCILMAN WILLIAMS MOVED TO CONTINUE THE MAYOR'S COFFEE THROUGH SEPTEMBER TO OBSERVE THE ATTENDANCE AND THE INTEREST AND THEN RE-DISCUSS THE MATTER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor • • I • • ( • ' August 21, 1978 Pag e 13 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams , Taylor. None. The Mayor declared the motion carried and adjourned the regular meeting at 9 :20 p.m. • I • • " ( • REGULAR MEETING: • • • COUNCI L CHAMBER S CIT Y OF ENGL EWOOD , COLORADO Augus t 21, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 21, 1978, at 7 :30 p.m. Ma yor Taylor , presiding, called the meeting to order. The invocation was given by Dr. Harold Warner, Pastor of the Fi rst Christian Church of Englewood, 3190 South Grant Street. 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 were pres e nt: Counc il Me mb e rs Williams , Weber , Smith , Harper , Clayton, Mann , Ta y lor. Absent : None . The Mayor d e clared a quorum pr e sent. * * * * * * Al so p r esent we re : City Manag e r McCown Assistant City Manager Curnes City Attorney Be rardini De puty City Cl e rk Wat kin s * * * * * * COUN CILMA N SMIT H MOV ED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF AUGUST 7, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton , Mann, Williams, Taylor . None . The Mayor declared t h e mo tion carr ied. * * * * * * Pre-scheduled visitor Harold Amb r osier, 3910 So u th Elati Street was present and discussed his request for passage • I • • • August 21, 1978 Page 2 .. • • • of an ordinance prohibiting anyone living in th e City of Englewood from owning or having an unspayed female dog un le ss o t herwi se pe r mitted to do so by a license of a kennel. Mayor Taylor informed Mr. Ambrosier the Council will discuss the matter in a study session and check with the City Attorney to see what can be done. Councilman Clayton requested that the Clerk reproduce Mr. Ambrosier's letter from the minutes and su p ply each Council member with a copy. * * * * * * Pr e-s ch e duled vi sitors , Captain Ron Frazier of the Englewood Police Department and Ruddy Tisch, 7032 South Franklin, Littleton, were present to discuss the annual liquor lic ense renewal of Mr. Tisch's liquor establishment, the Liquor Barn located at 4415 South Br o adway. l Captain Frazie r referred to the investigation letter which was attach e d to Mr. Tisch's request presented to Council on August 7, 1978. Captain Frazier stated the letter reflected a clerk employed at the store was charged with an illegal sale of liquor t o a minor; however, immediately following the incident Mr. Tisch termi n ated the cle rk . Captain Frazierstated the file on the Liquor Barn actually reflects a broader picture i n that there are numerous reports where the management has called the police d e - partment to r eport minors trying to buy liquor. Captain Frazier stated that there were no other violations that could be charged against their business. Captain Frazier stated the police de - partment is impressed with Mr. Tisch's efforts to report such incidences and recommended that the liquor license renewal be granted. The Council discussed Captain Frazier and Mr. Tisch . the serious repercussions that assured the Council that he is to prevent any re-occurrence. this matter at length with both Council cautioned Mr . Tisch of follow such an incidence . Mr . Tisch taking every precautionary measure * * * * * * COUNCILMAN WEBER MOVED TO GRANT THE REQUEST FOR AN ANNUAL RENEWAL OF A RETAIL LIQUOR LICENSE FOR THE LIQUOR BARN, 4415 SOUTH BROADWAY . Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor • • I August 21, 1978 Page 3 Nays : None. • • .. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard. No one responded. * * * * * * COUNCILMAN WILLIAMS MOVED TO TAKE OUT OF ORDER AGENDA ITEM 8B, A MEMORANDUM FROM THE CITY MANAGER TO CITY COUNCIL CON- CERNING AN AGREEMENT BETWEE N A-1 DIVING COMPANY AND ARAPAHOE COUNTY FOR USE OF A LAKE ADJACENT TO CENTENNIAL PARK. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Membe rs Weber, Harper, Clayton, Mann, Williams, Taylor. Counc il Member Smith. The Mayor declared the motion carried. * * * * * * City Manag er McCown discussed the memorandum to which was attached an agreement between the Arapahoe County Commissioners and A-1 Diving Company allowing the diving firm to use t he lake adjacent to Centennial Park for various diving activities. City Manager McCown stated even though the lake is owned by the County, the Commissioners are requesting written permission fr om the City of Englewood signed by the Mayor and the City Clerk allowing the diving company to use the park. City Manager McCown stated a re- presentative from the A-1 Diving Company, Mr. J. D. Bakke, was present if Council had any further questions . Mr. J . D. Bakke, 3445 South Downing, appeared before Council and stated the written permission is the City's acknow- ledgement that his firm will be using the lake and also alerts the Englewood Police Department who patrol the area . Mr. Bakke answered several questions from the Council . Councilman Clayton presented Mr. Bakke with the foll owing question and asked that it placed i n the minutes verbatim. Councilman Clayton: Do you understand where the boundaries are over there between Arapahoe County property and Englewood property and • I • • • August 21, 1978 Page 4 Mr . Bakke: • • • is it your full intention and practice to conduct everything you do on the Arapahoe County property? Yeah,we went through that with the County. We looked at the County maps and I proposed that we stay on the County side so we wouldn't interfer with Englewood and I mad e it clear that we wouldn't venture into Englewood . Yes sir, I do understand where they are. COUNCILMAN SMITH MOVED THAT THE COUNCIL AUTHORIZE THE MAYOR TO SEND A LETTER TO THE ARAPAHOE COUNTY COMMISSIONERS AUTHORIZING A-1 DIVING COMPANY, INC. TO USE THE LAKE . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. Mr. Bakke requested that he receive a copy of the letter Mayor Taylor sends to the Commissioners. Mayor Taylor assured Mr. Bakke that he would be sent a copy. * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PRE-BUDGET PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown stated the purpose of the hearing was to receive input from the citizens of the City of Englewood as to what priorities they would like the City to establish for the 1979 budget. * * * * * * • I • • ...... ( • August 21, 1978 Page 5 .. • • .. Mayor Taylor asked if there was anyone in the audience wishing to offer suggestions for the 1979 budget. Tom Chesher, 962 East Cornell, appeared before Council and stated he was appearing as a representative of the Jaycees. Mr. Chesher requested that additional money be given to the Jay- cees in 1979 to help produce their annual 4th of July celebration. Mr. Chesher stated the Jaycees were short $250 from this year's celebration and requested that Council budget an additional $250 or possibly more next year . Councilman Clayton requested Mr. Chesher to provide a copy of the Jaycees budget for purposes of review prior to mak-ing an decision on a donation increase. * * * * * * Maurice Jones, 5020 South Washington, appeared before Council and requested that funds be budgeted for facilities at Duncan Park. Mr. Jones also requested that funds be budgeted for a study of all the alternatives for improving Clarkson Street. * * * * * * Myrtle Jones, 5020 South Washington, appeared before Council and urged Council to give no money to the improvement of Duncan Park unless the plans include bathroom facilities. * * * * * * COUNCILMAN SMITH MOVED TO DIRECT THE CITY MANAGER TO BRING TO COUNCIL A STUDY BASED ON AN IMPACT OF A 3.5% INCREASE TO ALL NON-EMERGENCY EMPLOYEES AS IT APPLIES TO THE BUDGET FOR A STUDY IN EXECUTIVE SESSION. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wishing to speak to Council on pre-budget related matters. No one responded. * * * * * * • I • • • August 21, 1978 Page 6 • • - COUNCILMAN SMITH MOVED TO CLOSE THE PRE-BUDGET PUBLIC HEARING . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) Minutes of the Board of Adjus tment and Appeals meeting of July 12, 1978. Minutes of the Denver Regional Council of Governments meeting of July 19, 1978 . Minutes of the Board of Career Service Com- missioners meeting of July 20 and July 26, 1978 . Minutes of the Employees' Retirement Board meeting of August 10, 1978 . Minutes of the Parks and Recreation Com- mission meeting of August 10, 1978. Financial Report for the month of July, 1978. * * * * * * City Manager McCown presented the minutes of the Englewood Library Board meeting of August 8, 1978 with a recommendation that the City Council approve the proposed contract between the Library and the Arapahoe Regional Library District for the calendar year 1979 and authorize the Mayor to sign the contract . COUNCILMAN CLAYTON MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR PASSAGE OF THE CONTRACT BETWEEN THE LIBRARY AND THE ARAPAHOE REGIONAL LIBRARY DISTRICT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. • I • • ( • August 21, 1978 Page 7 • • - The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum f rom the Director of Community Development to the City Manager concerning Belle Isle Gardens Annexation Petition. City Manager McCown stated the matter has to go before the Planning and Zoning Commis- sion for a zoning hearing. City Manager McCown recommended that Council recei ve this report and table any further action until the Commission has the hearing. COUNCILMAN WEBER MOVED TO RECEIVE THE REPORT AND POST- PONE ANY ACTION UNTIL THE PLANNING AND ZONING COMMISSION DECIDES ON THE ZONING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANC E NO. 17, SERIES OF 1978 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. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 17, SERIES OF 1978 ON FINAL READING. Councilman Weber seconded the motion. Upon a call o f the roll , the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * • I • • • August 21, 1978 Page 8 • • • INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AMENDING SECTION 22.4-13 h ., ENTITLED I-1 LIGHT INDUSTRIAL DISTRICT, CONDITIONAL USES, BY CORRECTING SUB-SECTION h. (1) (a) (2) (3) AND (5) BY INCLUDING OMITTED PHRASES IN THE ORIGINAL PASSAGE OF ORDINANC E NO. 6, SERIES OF 1978. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor . Council Member Williams . Councilman Williams stated he voted no on the original ordinance; therefore, he would have to vote no on this one. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AND 22 .8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLE WOOD, COLORADO. COUNCILMAN MANN MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING AND SET THE PUBLIC HEARING FOR SEPTEMBER 18, 1978 AT 7 :30 P.M. Councilman Williams seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * Ma yor Taylor declared a recess at 8 :45 p.m. The Council reconvened at 8 :55 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: • I • ( • August 21, 1978 Page 9 • • - Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS CONCERNING THE USE OF FEDERAL FUNDS FOR THE CONSTRUC- TION OF A DRAINAGE STRUCTURE AND APPROACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper , Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO , LITTLETON , COLORADO AND THE URBAN DRAINAGE AND FLOOD CONTRO L DISTRICT CONCERNING THE REPLACEMENT OF LEHOW BRIDGE ACROSS BI G DRY CREEK. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. • I • - • August 21, 1978 Page 10 • • - The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF A CERTAIN PARCEL OF REAL PRO PERTY LOCATED WlTHIN THE CITY OF GREENWOOD VILLAGE, COLORADO. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANC E ON FIRST READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a proclamation sup- porting the "Jerry Lewis Muscular Dystrophy Telethon Weekend" of September 3 -4, 1978. COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION SUP- PORTING THE "JERRY LEWIS LABOR DAY TELETHON" AND "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND". Councilman Harper seconde d the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 51, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 PUBLIC IMPROVEMENT FUND BUDGET. City Attorney Berardini stated the resolution provides for the redesignation of funds ($100,000) from the planned expen- diture for the fire station on Belleview to the remodeling of the combined City Council/Court Chambers • • I • • ( { • August 21, 1978 Page 11 .. • .. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 51, SERIES OF 1978. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum from himself to the City Council concerning the ad for the Englewood High School Pirate Log. COUNCILMAN CLAYTON MOVED TO APPROVE THE EXPENDITURE OF $75 FOR 1/2 PAGE AD IN THE ENGLEWOOD HIGH SCHOOL PIRATE LOG BOOK FOR THE YEAR 1979. Councilman Mann seconded the motion. COUNCILMAN SMITH MOVED TO AMEND THE MOTION TO READ A FULL PAGE AD IN THE AMOUNT OF $140. Councilman Mann seconded the motion . Upon a call of the roll, the vote on the amendment re-sulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Williams, Weber . The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO SET SEPTEMBER 11, 1978 AT 5 :00 P.M. AS A STUDY SESSION TO REVIEW THE SERVICENTER AUDIT. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • August 21 , 1978 Page 12 Ayes: Nays: • • - Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared th e motion carried . ?:-?-~'*** C:. :v ~·:c.nagt:r :-:c co· .. -n i:1:o r z.cc t "::E: Cvu ncil t h at bo :h he: a nd Assistant'City Manage r Curnes would be out-o f-town attending the State Managers ' Conferen ce on August 24 and 25, 1978. City Manager McCown stated that Director of Fina~ce B~ll James has been designat ed Acting City Manager in the 1nter1m . -~c: .. ~-:: ..-"J '>·~ 1 • ---1 · •.• _,~ , ... J t· ' .. ..rJ'Jnc ., -:6ht:. oe able co acquire t h e Duncan School Par k on September lst for the rest of this year for $1 .00. Mayor Taylor asked fo r Coun - cil 's opinion on whether they should obtain portable restrooms fo r the area during that time if the purc.hase takes place. COCKCIL~:;..:; '...'!:BE:?. ~OVE:D :-o DIRECT T!::E CITY !-:l-.1'\1-.GER TO 5.::.::;( TS.:: LO\>I S:-3:JD::.G CO~:?~;y 7H;.T ~:I LL St:?PLY n;o PORTABLE TOILETS FO R DUNCAN PARK AND HAVE THEM LABELED ACCORDINGLY. Coun- cilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Counci l Members Weber, Smith, Harper , Clayton, Mann, Williams, Taylor . None. The Mayor declared the motion carried. ***t'** At the request of Mayor Taylor, Council discussed whether o r n ot to continue the Mayor's Coffee program since the attendance at the m etings has been so low. Mayor Taylor stated the meeting has a lready be n publicized for the month of September . COUNCILMAN WILLIAMS MOVED TO CmlTINUE THE MAYOR'S COFFEE THROUGH SEPTEMBER TO OBSERVE THE ATTENDANCE AND THE INTEREST AND THEN RE-DISCUSS THE MATTER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor • • I • • ( • ( • Augu st 21, 1978 Page 13 Nays : None. • • • The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL. Councilman Mann seconded the motion . Upon a call of th e roll , the vote resulted as follows : Ayes: Nays : Council Members Weber, Smith , Harper, Clayton , Mann, Williams, Taylor. None. The Mayor d e clared the motion carried and adjourned the regular meeting at 9 :20 p.m. • I . - ( ( • REGULAR MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 21, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 21, 1978, at 7 :30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Dr. Harold Warner, Pastor of the First Christian Church of Englewood, 3190 South Grant Street. 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 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 THE REGULAR COUNCIL MEETING OF AUGUST 7, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Harold Ambrosier, 3910 South Elati Street was present and discussed his request for passage • I • • • August 21, 1978 Page 2 • • - of an ordinance prohibiting anyone living in the City of Englewood from owning or having an unspayed female dog unless otherwise permitted to do so by a license of a kennel . Mayor Taylor informed Mr. Ambrosier the Council will discuss the matter in a study session and check with the City Attorney to see what can be done . Councilman Clayton requested that the Clerk reproduce Mr. Ambrosie r 's letter from the minutes and supply each Council member with a copy . * * * * * * Pre-scheduled visitors, Captain Ron Frazier of the Englewood Police Department and Ruddy Tisch, 7032 South Franklin, Littleton , were present to discuss the annual liquor license renewal of Mr. Tisch's liquor establishment, the Liquor Barn located at 4415 South Broadway. ' Captain Frazier referred to the investigation letter which was attached to Mr. Tisch's request presented to Council on August 7, 1978. Captain Frazier stated the letter reflected a clerk employed at the store was charged with an illegal sale of liquor to a minor; however, immediately following the incident Mr. Tisch terminated the clerk. Captain Frazierstated the file on the Liquor Barn actually reflects a broader picture in that there are numerous reports where the management has called the police de- partment to report minors trying to buy liquor. Captain Frazier stated that there were no other violations that could be charged against their business. Captain Frazier stated the police de- partment is impressed with Mr. Tisch's efforts to report such incidences and recommended that the liquor license renewal be granted. The Council discussed Capta i n Frazier and Mr. Tisch. th e s e r i ous repercussions that a ssur ed t he Council that he is to prevent any re-occurrence. this matter at length with both Council cautioned Mr. Tisch of follow such an incidence. Mr. Tisch taking every precautionary measure * * * * * * COUNCILMAN WEBER MOVED TO GRANT THE REQUEST FOR AN ANNUAL REN EWA L OF A RETAIL LIQUOR LICENSE FOR THE LIQUOR BARN, 4415 SOUTH BROADWAY. Councilman Williams seconded th e motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor • • I • • Augu st 21 , 1 978 Page 3 Nays : No n e . • • • The May or d ecla r ed the mo t ion carried. * * * * * * Mayor Taylor asked i f th e re we r e any other vi s i tors wishing to b e heard. No on e r e spond e d. * * * * * * COUNCILMAN WILLIAMS MOVED TO TAKE OUT OF ORDER AGENDA ITEM 8B , A MEMORANDUM FROM THE CITY MANAGER TO CITY COUNCIL CON- CERNING AN AGREEMENT BETWEEN A-1 DIVING COMPANY AND ARAPAHOE COUNTY FOR USE OF A LAKE ADJACENT TO CENTENNIAL PARK . Counc i l ma n Clayton seconded the mot i on. Upon a c all o f the roll, the vote resulted as follows: Ayes : Nays : Council Memb e rs We b er , Harper, Clayton, Mann , Williams, Ta y lor. Council Memb e r Smith. Th e Mayor d e clare d the mot i on carried. * * * * * * City Mana ger McCown d i scussed th e memorandum t o wh i ch was a tt ach e d a n agreement be tween th e Arapaho e Coun ty Commi ss ion e r s an d A-1 Diving Com pany allowi n g t h e divin g fi r m to us e the lake adjacent to Centennial Pa rk fo r various diving activities . City Manager McCown stated even tho ugh t h e lake is owned by the County, the Commissioners are requesting written permission from the City of Englewood signed by the Mayor and the City Clerk allowing the diving company to use the park. City Manager McCown stated a re- presentative from the A-1 Diving Company, Mr . J. D. Bakke, was present if Council had any further questions . Mr. J. D. Bakke, 3445 South Downing, appeared before Council and stated the written permission is the City's acknow- ledgement that his firm will be using the lake and also alerts the Englewood Police Department who patrol the area. Mr. Bakke answered several questions from the Council . Councilman Clayton presented Mr . Bakke with the following question and asked that it placed in t h e minu tes verbatim . Councilman Clayton: Do you understand where the boundaries are over there between Arapahoe County property and Englewood property and • I • • August 21, 1978 Page 4 Mr. Bakke: • • • is it your f u ll intention and practice to conduct everything you do on the Arapahoe County property? Yeah,we went through that with the County. We looked at the County maps and I proposed that we stay on the County side so we wouldn't interfer with Englewood and I made it clear that we wouldn't venture into Englewood. Yes sir, I do understand where they are . COUNCILMAN SMITH MOVED THAT THE COUNCIL AUTHORIZE THE MAYOR TO SEND A LETTER TO THE ARAPAHOE COUNTY COMMISSIONERS AUTHORIZING A-1 DIVING COMPANY, INC. TO USE THE LAKE. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. Mr. Bakke requested that he receive a copy of the letter Mayor Taylor sends to the Commissioners. Mayor Taylor assured Mr. Bakke that he would be sent a copy. * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PRE-BUDGET PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown stated the purpose of the hearing was to receive input from the citizens of the City of Englewood as to what priorities they would like the City to establish for the 1979 budget. * * * * * * • I • • - ( • August 21, 1978 Page 5 • • • Mayor Taylor asked if there was anyone in the audience wishing to offer suggestions for the 1979 budget. Tom Chesher, 962 East Cornell, appeared before Council and stated he was appearing as a representative of the Jaycees. Mr. Chesher requested that additional money be given to the Jay- cees in 1979 to help produce their annual 4th of July celebration. Mr. Chesher stated the Jaycees were short $250 from this year's celebration and requested that Council budget an additional $250 or possibly more next year. Councilman Clayton requested Mr. Chesher to provide a copy of the Jaycees budget for purposes of review prior to mak- ing an decision on a donation increase. * * * * * * Maurice Jones, 5020 South Washington, appeared before Council and requested that funds be budgeted for facilities at Duncan Park. Mr. Jones also requested that funds be budgeted for a study of all the alternatives for improving Clarkson Street. * * * * * * Myrtle Jones, 5020 South Washington, appeared before Council and urged Council to give no money to the improvement of Duncan Park unless the plans include bathroom facilities. * * * * * * COUNCILMAN SMITH MOVED TO DIRECT THE CITY MANAGER TO BRING TO COUNCIL A STUDY BASED ON AN IMPACT OF A 3.5% INCREASE TO ALL NON-EMERGENCY EMPLOYEES AS IT APPLIES TO THE BUDGET FOR A STUDY IN EXECUTIVE SESSION. Councilman Weber seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wishing to speak to Council on pre-budget related matters. No one responded. * * * * * * • I • • August 21, 1978 Page 6 • • - COUNCILMAN SMITH MOVED TO CLOSE THE PRE-BUDGET PUBLIC HEARING. Councilman Weber seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) Minutes of the Board of Adjustment and Appeals meeting of July 12, 1978 . Minutes of the Denver Regional Council of Government s meeting of July 19, 1978 . Minutes of the Board of Career Service Corn- missioners meeting of July 20 and July 26, 1978 . Minutes of the Employees' Retirement Board meeting of August 10, 1978. Minutes of the Parks and Recreation Corn- mission meeting of August ~0, 1978. Financial Report for the month of July, 1978. * * * * * * City Manager McCown presented the minutes of the Englewood Library Board meeting of August 8, 1978 with a recommendation that the City Council approve the proposed contract between the Library and the Arapahoe Regional Library District for the calendar year 1979 and authorize the Mayor to sign the contract. COUNCILMAN CLAYTON MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR PASSAGE OF THE CONTRACT BETWEEN THE LIBRARY AND THE ARAPAHOE REGIONAL LIBRARY DISTRICT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. • > I • ( ( • August 21 , 1978 Page 7 • • The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Community Development to the City Manager concerning Belle Isle Gardens Annexation Petition. City Manager McCown stated the matter has to go before the Planning and Zoning Commis- sion for a zoning hearing . City Manager McCown recommended that Council receive this report and table any further action until the Commission has the hearing. COUNCIL~~N WEBER MOVED TO RECEIVE THE REPORT AND POST- PONE ANY ACTION UNTIL THE PLANNING AND ZONING COMMISSION DECIDES ON THE ZONING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCIL~N SMITH BY AUTHORITY ORDINANCE NO. 17, SERIES OF 1978 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. COUNCIL~N SMITH MOVED TO PASS ORDINANCE NO. 17, SERIES OF 1978 ON FINAL READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * • I • • • August 21, 1978 Page 8 • • • INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AMENDING SECTION 22.4-13 h., ENTITLED I-1 LIGHT INDUSTRIAL DISTRICT , CONDITIONAL USES, BY CORRECTING SUB-SECTION h. (l) (a) (2) (3) AND (5) BY INCLUDING OMITTED PHRASES IN THE ORIGINAL PASSAGE OF ORDINANCE NO. 6, SERIES OF 1978 . COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as fol lows: Ayes : Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. Council Member Williams. Councilman Williams stated he voted no on the original ordinance; therefore, he would have to vote no on this one . The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AND 22.8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN MANN MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING AND SET THE PUBLIC HEARING FOR SEPTEMBER 18, 1978 AT 7 :30 P.M. Councilman Williams seconded the motion. Upon a call of th roll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor . None. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8 :45 p.m. The Council reconven d at 8 :55 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the f ollowing were present: • I . ] ( ( • August 21 , 1978 Page 9 • • • Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent : None. The Mayor declared a quorum present. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS CONCERNING THE USE OF FEDERAL FUNDS FOR THE CONSTRUC- TION OF A DRAINAGE STRUCTURE AND APPROACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, LITTLETON, COLORADO AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACEMEN T OF LEHOW BRIDGE ACROSS BIG DRY CREEK . COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Smith seconded the motion. Upo n a call of the roll , the vote resulted as follows: Ayes: Nays : Council Members Web er, Smith, Harper, Clayton, Mann, Williams, Taylor. None . • I • • August 21, 1978 Page 10 • • - The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF A CERTAIN PARCEL OF REAL PROPERTY LOCATED WITHIN THE CITY OF GREENWOOD VILLAGE, COLORADO. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANC E ON FIRST READING. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None . The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a p roclamation sup- porting the "Jerry Lewis Muscular Dystrophy Telethon We ekend" of September 3 -4, 1978. COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION SUP- PORTING THE "JERRY LEWIS LABOR DAY TELETHON" AND "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND". Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor . None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 51, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 PUBLIC IMPROVEMENT FUND BUDGET. City Attorney Berardini stated the resolution provides for the redesignation of funds ($100,000) from the planned expen- diture for the fire station on Belleview to the remodeling of the combined City Council/Court Chambers • I • • ( • August 21, 1978 Page ll • • .. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 51, SERIES OF 1978. Councilman Mann seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None . The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from himself to the City Council concerning the ad for the Englewood High School Pirate Log. COUNCILMAN CLAYTON MOVED TO APPROVE THE EXPENDITURE OF $75 FOR l/2 PAGE AD IN THE ENGLEWOOD HIGH SCHOOL PIRATE LOG BOOK FOR THE YEAR 1979. Councilman Mann seconded the motion . COUNCILMAN SMITH MOVED TO AMEND THE MOTION TO READ A FULL PAGE AD IN THE AMOUNT OF $140. Councilman Mann seconded the motion. Upon a call of the roll, the vote on the amendment re-sulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Taylor . Council Members Williams, Weber. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO SET SEPTEMBER 11, 1978 AT 5 :00 P.M. AS A STUDY SESSION TO REVIEW THE SERVICENTER AUDIT. Councilman Williams s e conded the motion. Upon a call of the roll, the vote resulted a s f ollows : • I • • August 21, 1978 Page 12 Ayes: Nays: • • - Council Members Weber, Smith, Harp e r, Clayton, Mann, Williams, Taylor. None. Th e Mayor declared the motion carried . * * * * * * C:..:y ~<o.nage:r ~-~c Co-.. -n 1:-J~o r .:-:td t :-.t Co neil that both ~t and Assistant City Manager Curnes would be out-of-town attendLng the State Managers' Conference o n August 24 and 25, 1978. City Manager McCown stated that Director of Fina~ce B~ll James has been designated Acting City Manager in the LnterLm. -- .!a _-~·: . -"'>< -, · · . .., ... ·-• ·: . •·J t:: >,·Jn c .. -;6 _;,' ue able to ac qu1re the Du nc an School Pa r K on Septemb e r ls t fo r the rest of this year for $1.00. Mayor Taylor asked for Coun- cil's opinion on whether they should obtain portable restrooms for the area during that time if the pur~hase takes place. COCKCIL':n: :..'EBEP. ~OVED ·.:-o DIRECT T!-:E CIT Y :~n\AGER TO .3:.:::;;: I:"i:: LO\,t:S: 3 :JD::.c CO~~;y TH...;r ;.;IL L SL'?PL'! n;o PORTABLE TOILETS FOR DUNCAN PARK AND HAVE THEM LABELED ACCORDINGLY. Coun- cilma n Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Counc il Members Weber, Smith, Harper , Clayton, Mann, Williams, Taylor . None. The Mayor declared the motion carried . ***i<** At the request of Mayor Taylor, Council discussed whether or not to continue the Mayor's Coffee program since the attendance at the meeting s has been so low . Mayor Taylor stated the meeting has a l ready been publicized for the mo nth of September . COUNCILMAN WILLIAMS MOVED TO CONTINUE THE MAYOR'S COFFEE THROUGH SEPTEMBER TO OBSERVE THE ATTENDANCE AND THE I NT EREST AND THEN RE-Drscuss THE MATTER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as foll ows : Ayes : Council Members Web er, Smith, Harper, Clayton, Mann, Williams, Taylor • • I • - ( ( • ' August 21, 1978 Page 13 Nays : None. • • • The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJ OURN THE REGULAR MEETING OF THE CITY COUNCIL. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried and adjourned the regular meeting at 9 :2 0 p.m. • I • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 21, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 21, 1978, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Dr . Harold Warner , Pastor of the First Christian Church of Englewood, 3190 South Grant Street. 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 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 THE REGULAR COUNCIL MEETING OF AUGUST 7, 1978 . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann , Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Harold Ambrosier, 3910 South Elati Street was present and discussed his request for passage • I • - • August 21, 1978 Page 2 • • - of an ordinance prohibiting anyone living in the City of Englewood fr om owning or having an unspayed female dog unless otherwise permitted to do so by a license of a kennel. Mayor Taylor informed Mr. Ambrosier the Council will discuss the matter in a study session and check with the City Attorney to see what can be done. Councilman Clayton requested that the Clerk reproduce Mr . Ambrosier's letter from the minutes and supply each Council member with a copy . * * * * * * Pre-scheduled visitors, Captain Ron Frazier of the Englewood Police Department and Ruddy Tisch, 7032 South Franklin, Littleton, were present to discuss the annual liquor license renewal of Mr. Tisch's liquor establishment, the Liquor Barn located at 4415 South Broadway. Capta in Frazier referred to the investigation letter which was attached to Mr. Tisch's request presented to Council on August 7, 1978. Captain Frazierstated the letter reflected a clerk employed at the store was charged with an illegal sale of liquor to a minor; however, immediately following the incident Mr. Tisch terminated the clerk. Captain Frazierstated the file on the Liquor Barn actually reflects a broader picture in that there are numerous reports where the management has called the police de- partment to report minors trying to buy liquor. Captain Frazier stated that there were no other violations that could be charged against their business. Captain Frazier stated the police de- partment is impressed with Mr. Tisch's efforts to report such incidences and recommended that the liquor license renewal be granted. The Council discussed Captain Frazier and Mr. Tisch. the serious repercussions that assured the Council that he is to prevent any re-occurrence. this matter at length with both Council cautioned Mr. Tisch of follow such an incidence. Mr. Tisch taking every precautionary measure * * * * * * COUNCILMAN WEBER MOVED TO GRANT THE REQUEST FOR AN ANNUAL RENEWAL OF A RETAIL LIQUOR LICENSE FOR THE LIQUOR BARN, 4415 SOUTH BROADWAY. Councilman Williams seconded the moti on. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor • • I • ( • August 21, 1978 Page 3 Nays : ,. None . • • .. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any ot her visitors wishing to be heard. No one responded . * * * * * * COUNCILMAN WILLIAMS MOVED TO TAKE OUT OF ORDER AGENDA ITEM 8B, A MEMORANDUM FROM THE CITY MANAGER TO CITY COUNCIL CON- CERNING AN AGREEMENT BETWEEN A-1 DIVING COMPANY AND ARAPAHOE COUNTY FOR USE OF A LAKE ADJACENT TO CENTENNIAL PARK. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Harper, Clayton, Mann, Williams, Taylor. Council Member Smith. The Mayor declared the motion carried . * * * * * * City Manager McCown discussed the memorandum to .which was attached an agreement between the Arapahoe County Commissioners and A-1 Diving Company allowing the diving firm to use the lake adjacent to Centennial Park for various diving activities. City Manager McCown stated even though the lake is owned by the County, the Commissioners are requesting written permission from the City of Englewood signed by the Mayor and the City Clerk allowing the diving company to use the park. City Manager McCown stated a re- presentative from the A-1 Diving Company, Mr. J. D. Bakke, was present if Council had any further questions. Mr. J. D. Bakke, 3445 South Downing, appeared before Council and stated the written permission is the City's acknow- ledgement that his firm will be using the lake and also alerts th Englewood Police Department who patrol the area. Mr. Bakke answered several questions from the Council. Counc ilman Clayton presented Mr. Bakke with the following question and asked that it placed in the minutes verbatim. Councilman Clayton: Do you understand where the boundaries are over there between Arapahoe County property and Englewood property and • I • • • August 21, 1978 Page 4 Mr. Bakke: • • • is it your full intention and practice to conduct everything you do on the Arapahoe County property? Yeah,we went through that with the County. We looked at the County maps and I proposed that we stay on the County side so we wouldn't interfer with Englewood and I made it clear that we wouldn't venture into Englewood. Yes sir, I do understand where they are. COUNCILMAN SMITH MOVED THAT THE COUNCIL AUTHORIZE THE MAYOR TO SEND A LETTER TO THE ARAPAHOE COUNTY COMMISSIONERS AUTHORIZING A-1 DIVING COMPANY, INC. TO USE THE LAKE. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. Mr. Bakke requested that he receive a copy of the letter Mayor Taylor sends to the Commissioners. Mayor Taylor assured Mr. Bakke that he would be sent a copy. * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PRE-BUDGET PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown stated the purpose of the hearing was to receive input from the citizens of the City of Englewood as to what priorities they would like th City to establish for the 1979 budget. * * * * * * • I • • ( • August 21, 1978 Page 5 • • .. Mayor Taylor asked if there was anyone in the audience wishing to offer suggestions for the 1979 budget. Tom Chesher, 962 East Cornell, appeared before Council and stated he was appearing as a representative of the Jaycees. Mr. Chesher requested that additional money be given to the Jay- cees in 1979 to help produce their annual 4th of July celebration. Mr. Chesher stated the Jaycees were short $250 from this year's c e lebration and requested that Council budget an additional $250 or possibly more next year. Councilman Clayton requested Mr. Chesher to provide a copy of the Jaycees budget for purposes of review prior to mak-ing an decision on a donation increase. * * * * * * Maurice Jones, 5020 South Washington , appeared before Council and requested that funds be budgeted for facilities at Duncan Park. Mr. Jones also requested that funds be budgeted f or a study of all the alternatives for improving Clarkson Street. * * * * * * Myrtle Jones, 5020 South Washington, appeared before Council and urged Counc i l to give no money to the improveme nt of Duncan Park unless the plans i nclude bathroom f ac i l i ties. * * * * * * COUNC ILMAN SMITH MOVE D TO DIRECT THE CIT Y MANAG ER TO BRING TO COUN CIL A STUD Y BASE D ON AN IMPACT OF A 3.5% I NCRE ASE TO ALL NON -EMER GENCY EMPLOYEES AS IT APP LIE S TO THE BU DGET FOR A STUDY IN EX ECUTIVE SESSION. Cou n cilman We b er sec on ded the motion. Upon a call of the roll, th e vo te resu lted as follows: Ayes : Nays : Council Members We ber , Smith , Harper, Clayton, Mann, Williams, Taylo r . None. The Mayor declared the mot i on car r i e d . * * * * * * Mayor Taylor asked if ther e were any o t her visitors wishing to speak to Council on pre -budget related matters . No one respon ded . * * * * * * • 0 I • • • August 21, 1978 Page 6 • • - COUNCILMAN SMITH MOVED TO CLOSE THE PRE-BUDGET PUBLIC HEARING. Councilman Weber seconded the motion. Upon a cal l of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declar ed the motion carried . * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) Minutes of the Board of Adjustment and Appeals meeting of July 12, 1978 . Minutes of the Denver Regional Council of Governments meeting of July 19, 1978. Minutes of the Board of Career Service Com- missioners meeting of July 20 and July 26, 1978. Minutes of the Employees ' Retirement Board meeting of August 10, 197 8. Minutes of the Parks and Recreation Com- mission meeting of August 10, 1978. Financial Report for the month of July, 1978. * * * * * * City Manager McCown presented the minutes of the Englewood Library Board meeting of August 8, 1978 with a recommendation that the City Council approve the proposed contract between the Library and the Arapahoe Regional Library District for the calendar year 1979 and authorize the Mayor to sign the contract. COUNCILMAN CLAYTON MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR PASSAGE OF THE CONTRACT BETWEEN THE LIBRARY AND THE ARAPAHOE REGIONAL LIBRARY DISTRICT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as f ollows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. • I) I • • August 21, 1978 Page 7 • • - The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Community Development to the City Manager concerning Belle Isle Gardens Annexation Petition. City Manager McCown stated the matter has to go before the Planning and Zoning Commis- sion for a zoning hearing. City Manager McCown recommended that Council receive this report and table any further action until the Commission has the hearing . COUNCILMAN WEBER MOVED TO RECEIVE THE REPORT AND POST- PONE ANY ACTION UNTIL THE PLANNING AND ZONING COMMISSION DECIDES ON THE ZONING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton 1 Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 17, SERIES OF 1978 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. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 17, SERIES OF 1978 ON FINAL READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. Nays : None. The Mayor declared the :notion carried. * * * * * * • D I • • August 21, 1978 Page 8 • • .. INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AMENDING SECTION 22.4-13 h., ENTITLED I-1 LIGHT INDUSTRIAL DISTRICT, CONDITIONAL USES , BY CORRECTING SUB-SECTION h. (1) (a) (2) (3) AND (5) BY INCLUDING OMITTED PHRASES IN TH E ORIGINAL PASSAGE OF ORDINANC E NO. 6, SERIES OF 1978. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANC E ON FIRST READING. Counc i l man Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Web e r, Smith, Harper, Clayton, Mann, Taylor . Council Member Williams. Councilman Williams stated he voted no on the original ordinanc e; therefore, he would have to vote no on this one. The Mayor declared th e motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AND 22.8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN MANN MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING AND SET THE PUBLIC HEARING FOR SEPTEMBER 18, 1978 AT 7 :30 P.M. Councilman Williams seconded the motion . Upon a cal of the roll , the vote resulted as follows : Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried . * * * * * * Mayor Taylor declared a recess at 8:45 p.m. The Council reconvened at 8 :55 p.m. Mayor Taylor asked for roll call . Upon a call of th roll, the following were present: • I • • ( ( • Au g us t 21 , 1978 Pag e 9 .. • • - Council Me mbers Williams, Weber, Smith , Harp e r, Clayton, Mann , Taylor. Absent : None. The Mayor declared a quorum present . ***''<** INTRODUCED AS A BILL BY COUNCILMAN CLAYT ON A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, CO LORADO AND TH E STA TE DE PARTMENT OF HIGHWAYS, DIVISION OF HIG HWAYS CONCERNIN G THE USE OF FEDERAL FUNDS FOR THE CONSTRUC- TI ON OF A DRA IN AG E ST RUCTU RE AND APPROACHES ON LEHOW AVE NU E AT BIG DRY CREEK BETWEEN THE CITIES OF ENGLEWOOD AND LITTL ETON, COLORA DO. COUNCILMAN CLAY TON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READIN G. Councilman Smith seconded the moti on . Up on a c a ll of the roll, the v ote resulted as f ollows : Ayes: Na ys : Counc i l Memb e rs Weber, Smith, Harper, Cl ay ton , Mann, Williams , Taylor. No ne . Th e Ma y or d eclared the mot i on carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, LITTLETON, COLORADO AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACEMENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING . Councilman Smith seconded the motion . Upon a call o f the roll, the vote resulted as follows: Ayes : Nays : Council Memb ers Weber, Smith, Harper, Clayton, Mann, Williams, Taylor . None . • I • • • August 21, 1978 Page 10 ,. • • - The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF A CERTAIN PARCEL OF REAL PROPERTY LOCATED WITHIN THE CITY OF GREENWOOD VILLAGE, COLORADO. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANC E ON FIRST READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a proclamation sup- porting the "Jerry Lewis Muscular Dystrophy Telethon Weekend" of September 3 -4, 1978. COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION SUP- PORTING THE "JERRY LEWIS LABOR DAY TELETHON" AND "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND". Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None . The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 51, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 PUBLIC IMPROVEMENT FUND BUDGET. City Attorn y Berardini stated the resolution provides for the redesignation of funds ($100,000) from the planned expen- ditur for th fire station on Belleview to the remodeling of the combined City Council/Court Chambers • • I • • ( • August 21, 1978 Page 11 • • .. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO . 51, SERIES OF 1978. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton , Mann, Williams, Taylor. None. The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum from himself to the City Council concerning the a d for the Englewood High School Pirat e Log. COUNCILMAN CLAYTON MOVED TO APPROVE THE EX PENDITURE OF $75 FOR l/2 PAGE AD IN THE ENGLEWOOD HIGH SCHOOL PIRATE LOG BOOK FOR THE YEAR 1979. Councilman Mann seconded the motion. COUNCILMAN SMITH MOVED TO AMEND THE MOTION TO READ A FULL PAGE AD IN THE AMOUNT OF $140. Councilman Mann seconded the motion. Upon a call of the roll, the vote on the amendment re-sulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Williams, Weber. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Williams, Weber. The Mayor declared the motion carried . * * * * * * COUNCILMAN CLAYTON MOVED TO SET SEPTEMBER 11, 1978 AT 5 :00 P.M. AS A STUDY SESSION TO REVIEW THE SERVICENTER AUDIT. Councilman Williams seconded the motion. Upon a call of the roll, th vote resulted as follows : • I • • August 21, 1978 Page 12 Ayes: Nays: • • • Council Members We b er , Sm ith, Ha r pe r , Clayton, Mann, Willi ams, Taylor . None . The Mayor declared the mot ion carried. * * * * * * C::. :v :-~c.:1c.~cr ~·~cCo·~-n 1.:1:orccc t:-.c Counc:.l ::nat both he: and Assistant' City !1anager Curnes would be out -of -town attending the State Managers ' Co n fere nc e on August 24 and 25, 1978 . City Manager McCown stated that Director of Finance Bill James has been designated Acting City Manager in the interim . "i· ;)e able to !:c~~ue' ch ~ D~~~~~ ~~·h~~l P~;~ ~n s~;~e~~~~ci~t -~~~· the rest of this year for $1.00 . Mayor Taylor asked for Coun- cil's opinion on whether they should obtain portable restrooms fo r the are a during that time if the purr.hase takes plac e . COU;CIL~~_:; ;..·::E!':P. !':OVED "::"0 DIRECT THE CITY !-1.1-~'\1-.GER TO s:::::~ T:-1::: LQi,t:S: 3:i:JD::.G CO ~?,;:;y mAT ·..,'II.:. St."?PLY n;o PORTA t.L E TOILETS FOR DUNCAN PARK AND HAVE THEM LABELED ACCORDINGLY . Coun- cilman Clayton seconded the motion . Upon a call of the roll , the vo te resulted as follows: Ayes: Nays: Council Members Weber , Smith, Harper, Clayton, Mann, Williams , Taylor . None. The Mayor declared the motion carried . * * * * * * At the request of Mayor Taylor, Council discussed whether or not to continue the Mayor's Coffee program since the attendance at the meetings has been so low . Mayor Taylor stated the meeting has already been publicized for the month of September . COUNCILMAN WILLIAMS MOVED TO CONTINUE THE MAYOR'S COFFEE THROUGH SEPTEMBER TO OBSERVE THE ATTENDANCE AND THE INTEREST AND THEN RE-DISCUSS THE MATTER . Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor • • I • • - ( ( • August 21, 1978 Page 13 Nays: None. • • • The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried and adjourned the regular meeting at 9:20 p.m. • I • • ( • REGULAR MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 21, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 21, 1978, at 7 :30 p.m. Mayor Taylor, presid i ng , called the meeting to order. The invocat ion was giv n by Dr. Harold Warner, Pastor of the First Christian Chu rch of En lewo od, 3190 South Grant Street. The Pledge of Allegianc e was led by May or James L. Taylor. Mayor Ta ylo r asked for roll call. Upon a call of the roll, the following wer pr sent : Council Me mbers 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 THE REGULAR COUNCIL MEETING OF AUGUST 7, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann , Williams , Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Harold Ambrosier, 3910 South Elat i Street was present and discussed his request for passage • I • • August 21, 1978 Page 2 • • • of an ordinance prohibiting anyone living in the City of Englewood f rom owning or having an unspayed female dog unless otherwise permitted to do so by a license of a kennel . Mayor Taylor informed Mr. Ambrosier the Council will discuss the matter in a study session and check with the City Attorney to see what can be done. Councilman Clayton requested that the Clerk reproduce Mr. Ambrosier's letter from the minutes and supply each Council member with a copy. * * * * * * Pre-scheduled visitors, Captain Ron Frazier of the Englewood Police Department and Ruddy Tisch, 7032 South Franklin, Littleton , were present to discuss the annual liquor license renewal of Mr. Tisch's liquor establishment, the Liquor Barn located at 4415 South Broadway. Captain Frazier referred to the inve stigation letter which was attached to Mr. Tisch's request presented to Council on August 7, 1978. Captain Frazierstated the letter reflected a clerk employed at the store was charged with an illegal sale of liquor to a minor; however, immediately following the incident Mr. Tisch terminated the clerk. Captain Frazierstated the file on the Liquor Barn actually reflects a broader picture in that there are numerous reports where the management has called the police de- partment to report minors trying to buy liquor. Captain Frazier stated that there were no other violations that could be charged against their business. Captain Frazier stated the police de- partment is impressed with Mr. Tisch's efforts to report such incidences and recommended that the liquor license renewal be granted. Th Council discussed this matter at length with both Captain Frazier and Mr. Tisch. Council cautioned Mr. Tisch of the serious repercussions that follow such an incidence . Mr. Tisch a ssured the Council that he is taking every precautionary measure to prevent any re-occurrence. * * * * * * COUNCILMAN WEBER MOVED TO GRANT THE REQUEST FOR AN ANNUAL RENEWAL OF A RETAIL LIQUOR LICENSE FOR THE LIQUOR BARN, 4415 SOUTH BROADWAY. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor • • I • • ( • August 21, 1978 Page 3 Nays: None. • • .. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard. No one responded . * * * * * * COUNCILMAN WILLIAMS MOVED TO TAKE OUT OF ORDER AGENDA ITEM 8B, A MEMORANDUM FROM THE CITY MANAGER TO CITY COUNCIL CON- CERNING AN AGREEMENT BETWEEN A-1 DIVING COMPANY AND ARAPAHOE COUNTY FOR USE OF A LAKE ADJACENT TO CENTENNIAL PARK. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber, Harper, Clayton, Mann, Williams, Taylor. Council Member Smith . The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the memorandum to which was attached an agreement between the Arapahoe County Commissioners and A-1 Diving Company allowing the diving firm to use the lake adjacent to Centennial Park for various diving activities. City Manager McCown stated even though the lake is owned by the County, the Commissioners are requesting written permission from the City of Englewood signed by the Mayor and the City Clerk allowing the diving company to use the park. City Manager McCown stated a re- presentative from the A-1 Diving Company, Mr. J. D. Bakke, was present if Council had any further questions. Mr. J. D. Bakke, 3445 South Downing, appeared before Council and stated the written permission is the City's acknow- ledgement that his firm will be using the lake and also alerts the Englewood Police Department who patrol the area, Mr. Bakke answered several questions from the Council. Councilman Clayton presented Mr. Bakke with the following question and asked that it placed in the minutes verbatim. Councilman Clayton : Do you understand where the boundaries are over there between Arapahoe County property and Englewood property and • 0 I • • August 21, 1978 Page 4 Mr . Bakke: • • - i s i t your f ull intention and practice to conduct e v erything you do on the Arapahoe County property? Yeah,we went through that with the County . We looked at the County maps and I proposed that we stay on the County side so we wouldn't interfer with Englewood and I made it clear that we wouldn't venture into Englewood. Yes sir, I do understand where they are. COUNCILMAN SMITH MOVED THAT THE COUNCIL AUTHORIZE THE MAYOR TO SEND A LETTER TO THE ARAPAHOE COUNTY COMMISSIONERS AUTHORIZING A-1 DIVING COMPANY, INC. TO USE THE LAKE. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None . The Mayor declared the motion carried. Mr. Bakke requested that he receive a copy of the letter Mayor Taylor sends to the Commissioners. Mayor Taylor assured Mr. Bakke that he would be sent a copy. * * * * * * COUNCILMAN MANN MOVED TO OPEN THE PRE-BUDGET PUBLIC HEARING . Councilman Clayton seconded the mot i on. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Weber , Smith, Harper, Clayton, Mann, Will i am s, Taylor. None. The Mayor declared the motion carr i ed. * * * * * * City Manager McCown stated the purpose of the hearing was to receive input from the citizens of the City of Englewood as to what priorities they would like the City to establish f~~ the 1979 budget. * * * * * * • ) I • Augus t 2 1, 1978 Page 5 • • .. Mayor Ta ylo r as ked if there was an yone in the audience wishing to offe r s uggestions for the 1979 bud get . Tom Chesh e r , 962 East Cornell, a pp eared before Cou n ci l and stated he wa s appearing as a represen ta t ive o f th e Jay c ee s. Mr. Chesher requ e s t ed that additional mon e y b e gi ven to the J ay- c e es in 1979 to h e lp produce their annua l 4th of J u ly celebrat ion. Mr. Chesher stated th e Jaycees we r e short $2 50 f rom this year 's c e lebration and requested that Council budge t a n a d dition al $2 50 or possibly more next year. Councilman Clayton reques t ed Mr. Ch es h e r t o prov i de a copy of the Jayce e s budget f or pu r p o s es of r eview prior to mak- ing an decis i on on a donation i ncr ea s e . * * * * * * Ma u r i c e Jon es, 5020 South Wa s hington, a pp ea r e d b efore Counc i l a nd r e qu ested t h at fu nds be budgeted for f ac ilities a t Duncan Park. Mr. Jones also req u ested that f und s b e bud geted for a study of a l l th e alternatives for im provin g Cl a rkson S tree t. * * * * * * Myr t l e Jones, 502 0 So u th Washing t on , a ppear e d b e fore Council and urged Co uncil to give no money to th e imp roveme nt of Du ncan Park unless the pla n s i nc l ude ba thr o om fa c ili ties . * * * * * * COUNCILMAN SMITH MOVE D TO DIRECT THE CITY MANAGER TO BRING TO COUNCIL A STUDY BASED ON AN IMPACT OF A 3.5% INCREASE TO ALL NON-EMERGENCY EMPLOYEES AS IT APPLIES TO THE BUDGET FOR A STUDY IN EXECUTIVE SESSION. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor . None . The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wishing to speak to Council on pre-budget related matters. No one responded. * * * * * * • I • • August 21, 1978 Page 6 ' • • • COUNCILMAN SMITH MOVED TO CLOSE THE PRE-BUDGET PUBLIC HEARING. Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried . * * * * * * "Co mmunications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) Minutes of the Board of Adjustment and Appeals meeting of July 12 , 1978 . Minutes of the Denver Regional Council of Governments meeting of July 19, 1978. Minutes of the Board of Career Service Com - missioners meeting of July 20 and July 26 , 1978 . Minutes of the Employees' Retirement Board meeting of August 10, 1978. Minutes of the Parks and Recreation Com- mission meeting of August 10, 1978 . Financial Report for the month of July, 1978. * * * * * * City Manager McCown pre sented the minutes of the Englewood Library Board meeting of August 8, 1978 with a recommendation that the City Council approve the proposed contract between the Library and the Arapahoe Regional Library District for the calendar year 1979 and authorize the Mayor to sign the contract. COUNCILMAN CLAYTON MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR PASSAGE OF THE CONTRACT BETWEEN THE LIBRARY AND THE ARAPAHOE REGIONAL LIBRARY DISTRICT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. • ) I • - ( • August 21, 1978 Page 7 .. • • • The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Community Development to the City Manager concerning Belle Isle Gardens Annexation Petition . City Manager McCown stated the matter has to go before the Planning and Zoning Commis- sion for a zoning hearing. City Manager McCown recommended that Council receive this report and table any further action until the Commission has the hearing. COUNCILMAN WEBER MOVED TO RECEIVE THE REPORT AND POST- PONE ANY ACTION UNTIL THE PLANNING AND ZONING COMMISSION DECIDES ON THE ZONING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber , Smith, Harper, Clayton 1 Mann, Williams, Taylor. None . The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 17, SERIES OF 1978 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. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 17, SERIES OF 1978 ON FINAL READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried, * * * * * * • I • • - • August 21, 1978 Page 8 I I .. • • • INTRODUC ED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANC E AMENDING SECTION 22 .4-13 h .. ENTITLED I-1 LIGHT INDUSTRIAL DISTRICT, CONDITIONAL USES, BY CORRECTING SUB-SECTION h. (1) (a) (2) (3) AND (5) BY INCLUDING OMITTED PHRASES IN THE ORIGINAL PASSAGE OF ORDINANCE NO. 6, SERIES OF 1978 . COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Clayton s econded the motion. Upon a call of the roll , the vote resulted as follows; Ay es: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Taylor . Council Member Williams . Councilman Williams stated he voted no on the or iginal ord i nanc e; therefore, he would have to vote no on this one. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCI LMAN MANN A BILL FOR AN ORDINANCE AMENDING SECTIONS 22 .4-13 b . (1), 22 .4-14 b. (2) AND 22 .8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD , COLORADO. COUNCILMAN MANN MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING AND SET THE PUBLIC HEARING FOR SEPTEMBER 18, 1978 AT 7:30 P.M. Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor . None . The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8 :45 p .m. The Council reconvened at 8 :55 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: • I • Au g us t 2 1 , 1 978 Pa ge 9 • • - Co unci l Mem bers Williams, Web e r, Smith, Harp e r, Clayton , Mann , Taylor . Absent : None . The Mayor declared a quorum present. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, CO LORADO AND THE STATE DEPARTMENT OF HIGHWAYS , DIVISION OF HI GHWAYS CONCERNING THE USE OF FE DERAL FUNDS FOR THE CONSTRUC- TION OF A DRAINAGE STRUCTURE AND APPROACHES ON LEHOW AVENUE AT BI G DRY CRE EK BET WEEN THE CITIES OF ENGLEWOOD AND LITT LE TO N, COLORADO. COUNCILMA N CLA YTON MOVED TO PASS THE BILL FOR AN OR- DI NANC E ON FIRST READ I NG. Councilman Sm i th seconded the mo t i on. Up on a cal l o f t h e roll , t h e vo t e r e sulted as f ollows: Ay es : Nays : Counc i l Memb e rs Web e r, Smith, Harper , Cl ay ton, Mann, Williams , Taylor. None . Th e Mayor decla r e d t h e motion carri e d . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, LITTLETON, COLORADO AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACEMENT OF LEHO~l BRIDGE ACROSS BIG DRY CREEK . COUNCILMAN CLAYTO N MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READI G. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor . None . • ) I • • August 21, 1978 Page 10 • • - The Mayor declared the motion carried. **''<*** INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AUTHORI ZI NG THE SALE OF A CERTAIN PARCEL OF REAL PROPERTY LOCATED WITHIN THE CITY OF GREENWOOD VILLAGE, COLORADO. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINAN CE ON FIRST READING. Counc ilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follow s: Ayes : Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a proclamation sup- porting the "Jerry Lewis Muscular Dystrophy Telethon Weekend" of September 3 -4, 1978. COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION SUP- PORTING THE "JERRY LEWIS LABOR DAY TELETHON" AND ''JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND". Councilman Harper seconded the motion. Upon a call of the roll, th vote resulted as foll ows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried . * * * * * * RESOLUTION NO. 51, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 PUBLIC IMPROVEMENT FUND BUDGET. City Attorney Berardini stated the resolution provides for the redesignation of funds ($100,000) from the planned expen- ditur for the fire station on Belleview to the remodeling of the combined City Council/Court Chambers . • I • • August 21, 1978 Page ll • • • COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 51, SERIES OF 1978. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from himself to the City Council concerning the ad for the Englewood High School Pirate Log. COUNCILMAN CLAYTON MOVED TO APPROVE THE EXPENDITURE OF $75 FOR l/2 PAGE AD IN THE ENGLEWOOD HIGH SCHOOL PIRATE LOG BOOK FOR THE YEAR 1979. Councilman Mann seconded the motion. COUNCILMAN SMITH MOVED TO AMEND THE MOTION TO READ A FULL PAGE AD IN THE AMOUNT OF $140. Councilman Mann seconded the motion. Upon a call of the roll, the vote on the amendment re-sulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Williams, Weber. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO SET SEPTEMBER ll, 1978 AT 5 :00 P.M. AS A STUDY SESSION TO REVIEW THE SERVICENTER AUDIT. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • August 21 , 1978 Page 12 Ayes: Nays: • • - Council Members Weber, Smith, Ha r per , Clayton, Mann, Wil liams, Taylor . None . The Mayor decla red the motion c arried . * * * * * * C:. :y :·~;;:-~agE:r :-~c Co· .. -n 1.:1:o r r::E:c t ::-:E: Co nei l t h at: bo :h l":E: and Assistant: City !1anage r Curnes would be out-of-town attend1.ng the State Mana g rs' Confe rence on August 24 and 25, 1978. City Manager McCown stated that Director of Fina~ce B~ll James has been designated Acting City Manager in th e 1.nter1.m. ~1'1 "'l •• .....,:: ..... ·--: ·~.:.· ··--1-•. ·-1 • -·.: _ I ... Jt:. : ... )'Jn c .. T,: ~:1 t ae a b l e to a cq u 1.r e'ch e Dunca:1 Sc h oo l Park on Se pt embe r 1st for the rest of this year for $1.00 . Mayor Taylor asked for Coun- cil's opinion on whether t h ey should obtain portable restrooms fo r the a rea during that time if the pur~hase takes plac e . con:c n :·::P-1: 'n:::B EP. ~OVED ·~o DIR ECT THE CITY !~L'>J..G EP TO .s::::.:i( T:'l:.: !..Q\;;:s : ::.:;:JD::.G CO~~~;y TH;,T ;.'I L::. St.'?PL'! n;o POP.."l'ABL E TOILETS FOR DUNCAN PARK AND HAVE THEM LABELED ACCORDINGLY. Coun - cilman Clayton seconded the motion . Upon a call of the roll, the vote resu lted as follows: Ayes : Nays : Counci l Members Weber, Smi th, Harper, Clayt on , Mann, Williams, Taylor. None. Th e Mayor declared t h e motion carried . * * * * * * At the r e quest of Mayor Taylor, Council discussed whether o r no t to continue the Mayor's Coffee program since the attendance a t th e me e ting s has been so low . Mayor Taylor stated the meeting has already been publicized for the month of September . COUNCILMAN WILLIAMS MOVED TO CONTINUE THE MAYOR'S COFFEE THROUGH SEPTEMBER TO OBSERVE THE ATTENDANCE AND THE INTEREST AND THEN RE-DISCUSS THE MATTER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as foll ow s: Ayes : Council Members Weber, Smith, Harp er, Clayton, Mann, Williams, Taylor • • I • • - • August 21, 1978 Pag e 13 Nays : None . • • • The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR MEETING OF THE CITY COUNCIL. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried and adjourned the regular meeting at 9:20 p.m. ~W-vv t.;uluti1 ~&9 (Juty City Clei ,, I • • • • • .. LETTER READ AT COUNCIL MEETING -Aug u st 21, 1978 by Mr. Ambrosier ''Ladies and Gentlemen , Co u ncilmen and Honorable Mayor: My purpose for being here tonight is to propose to Englewood City Counci l to pass an ordinance prohibiting anyone living in the City of Englewood, Colorado, from owning or har- boring an unspayed female dog unless otherwise permitted to do so by license of a kennel . May I ask the Council in debating this proposal that you take into consideration that an ounce of prevention is worth a pound of cure. To follow that up, it is then reported that the Dumb Friends League takes in approximately 100 dogs per day and approximately 60% of them have to be destroyed . With this in view, why do we have to have more puppies born to increase our problems . One case I know of 18 puppies were born in less than seven months to one mother . Let us reduce our dog popu- lation not increase it . If you could have had a ringside seat such as my wife and I had for about four months or so last winter and since the Sth of July this summer and see half-starved, ill fed pups and a messed up backyard, I'm sure you would see a need for this ordinance . Raising pups in the backyard, thefeeding can be a pro- blem-the inconsistency and not the proper food . The mother must have proper feed and an enough of it in order to raise a healthly litter of pups. This can be done better in a kennel rather than a back- yard. Trying to be neighborly, we have been reluctant to call in the authorities. We did report the situation to the property owner. The result -a cleaned up yard after two weeks. But only twice since October. We called the humane society once but were disappointed with the results. We also called the Englewood Building Department. The result was a cleaned up yard and alley. But with 12 dogs, two large adult dogs and ten puppies, the yard gets to be smelly in two days. Then they want to water the yard when they are not home so we can get the full benefit of the unhealthful smell and the flies. We have even observed the puppies eating the droppings when they get so hungry between the feedings. The inspector, the humane society, and anyone else could not police this situation. To do so, an officer would have a 24 hour job. Please for the sake of the over population of dogs i n the community and for everyone's piece of mind, pass this and stop this inhumane action. I realize we have presented only one case but there are many more in the boundaries of Englewood and the dog population increases month by month. Our dog warden told me that such a law would cut their work load greatly. As the law now reads people can have the puppies until they are six • I • • • • • .. LETTER READ AT COUNCIL MEETING -August 21, 1978 by Mr. Ambrosi e r Page 2 months old and by that time it would be possible to have 18 or 19 dogs in that yard and still be law abidding . This case which I and my wife have observed probably is only average and if so we would not want to see one that's any worse. Again, I say an ounce of prevention is worth a pound of cure . So let's have an ordinance and let it be the ounce of prevention. Thank you . Harold Ambrosier 3910 South Elati Street Englewood, CO 80110 • I • • - ( • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL AUGUST 21, 1978 7:30 P.M. Call to order, invocation by Dr. Harold Warner, Pastor of the First Christian Church of Englewood, 3190 South Grant Street, pledge of allegiance by Boy Sco~roop No. 154, and roll call. ~c~-.J 1. Minutes. r 0 J.; (a) Minutes of the regular meeting of August 7, 1978. (Copies enclosed.) 2. Pre-Scheduled Visitors. p c.U t-(a) (b) Mr. Harold Ambrosier, 3910 South Elati Street, will be present to request a change in t he animal control ordinance. Representa tives of the Police Departmen t and owners of the Liquor Barn, 4415 South Broadway, will be present to discuss their request for an annual renewal of a retail liquor license. (Copies enclosed.) Visitor s. 4. Public Hearing. (a) Pre-budget public hearing. 5. Communications -No Action Recommende d . (a) Minutes of the Board of Adjustment and Appeals meeting of July 12, 1978. (Copies enclosed.) (b) Minutes of the Denver Regional Council of Governments meeting of July 19, 1978. (Copies enclosed.) (c) Minutes of the Board of Career Service Com- missioners meeting of July 20 and July 26, 1978. (Copies enclosed.) • I • • - ( ( ' • • • Page 2 August 21, 1978 Agenda 5. Communications -No Action Recommended (Continued). (d) (e) (f) Minutes of the Employees' Retirement Board meeting of August 10, 1978. (Copies enclosed.) Minutes of the Parks and Recreation Commission meeting of August 10, 1978. (Copies enclosed .) Financial Report for the month o f July, 1978. (Copies enclosed.) 6. Communication s -Action Recommended . $/1 (a) Minutes of the Englewood Library Board meeting of August 8, 1978 with a recommendation that the City Council approve the proposed contract between the Library and the Arapahoe Regional Library District for the calendar year 1979 and authorize the Mayor to sign the contract. (Copies enclosed.) Memorandum from the Director of Community Development to the City Manager concernin g Belle Isle Gardens Annexation Petition. (Copies enclosed.) City Attorney. Ordinance on Final Reading. (a) Ordinance 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. (Copies enclosed.) Bills for an Ordinance. Bill amending Section 22.4-13 h ., entitled I-1 Light Industrial District, conditional uses, by correcting sub-section h. (1) (a) (2) (3) and (5) by including omitted phrases in the original passage of Ordinance No. 6, Series of 1978 . (Copies enclosed.) • 0 I • • ( • • • ,. • Page 3 August 21, 1978 Agenda 7 . City Attorn ey (Continued). (c) Bill amending Section 22.4 -13 b . (1), 22.4-14 ~~ b. (2) and 22.8 prohibiting metal and auto '-"(\'\. )r l;,:t shredding and similar operations within the J~~~ ~~~ I-1 and I-2 industrial districts of the City -1f ~.~-~ of Englewood. (Copies enclosed.) ~ (d) Bill approving a contract between the City of Englewood and t he State Department of Highways, Division of Highways concerning (f) the use of Federal Funds for the construction o f a drainage structure and approaches on Lehow Avenue at Big Dry Creek between the Cities of Englewood and Littleton. (Copies enclosed.) Bill approving an agreement between the City of Englewood, Littleton and the Urban Draina ge and Flood Control District concerning the re- placement of Lehow Bridge across Big Dry Creek . (Copies enclosed.) Bill authorizing the sale of a certain parcel of real property located within the Ci ty of Greenwoo d Village, Colorado . (Copies enclosed .) Proclamation supporting the "Jerry Lewis Muscular Dystrophy Telethon \.Jeekend" of September 3-4, 1978. (Copies enclosed .) Other Matters. (h) At orney 's Choice. 8 . City Manager. Memorandum from the City Manager to City Council concerning the a d for the Englewood High School Pirate Log. (Copies enclosed .) Memorandum from the City Manager to City Council concerning an agreement between A-1 Diving Company and Arapahoe County for use of lake adjacent to Centennial Park. (Copies enclosed.) • I • • • • • Page 4 August 21, 1978 Agenda 8. City Manager (Continued ). tH'J~ ::X~6 UUJ (c) Manager's Choice . 9 . General Discuss ion . (a) Mayor's Choice. (b) Councilman's Choice. 10. Adjournment. tAu~·:v ~~~'- AND C COWN Cit Manager • oD \' VIA. {-y,_., I . • - • - ) , ) "'ed s dd ov ec~n eo ve Nay Absta fn Absent I Wi fif?~.~----T ' W!>hPr (~ A smnr, J-ta.ro~-- Clayton ... ___ Mann I Ma~~.!:. T~-1~?!:i I . . • • • - • • M ed S d d OY ec~n !' ve ~ sta n sen . , , ·. ------·r -Wi, • ?rr:s ·--· ' _webE>r (/-v- A N Ab Ab t :>mltr, ---t- JiM"D~ v--Cla_yton ~ Mann I v--~a.Y?r Ta.J.)> 1 .l::::::_ I . . • • • • ROLL CALL ---= Ave £-:-~:r v Nay Absta fn Absent ·~ ---I t..---,·-p 1 J,..--- ' v-.YJ_:u-v It£ I . • • • • • • ~O LL CALL -~ A Wi fif ?r.~- 1 WPbPr N Ab 1 Ab ve a_y sta n sent :; _:T ~"Il.Y· Jlaro~ Cl~ton Mann _May~_r _ ---J. I J ___ I _ a ~_._:u I . . • • • • • Moved Sec~nded ---·I A~ Na Abstain Absent t----:---~----r---t-----t-----1 w i f'f?!i,_~-- I ..Weber !l "!.!!_f, J::I.A.r:utt_ C1ii.Yton Mann Ma.~~~ ~--L--1------,r----t-----J ~_._>_c__j_·-~-.___ __ ,__ __ _.J I . • • • - - • • • • • Moved Seconded Ave Nay Absent Absta fn r-----~------4-~~~m~ll~t~~·------~---4----+-------+---------l ~ftl:_ Cl ayton·----t---+----+-------+---------1 Mann ' r-----~------~M~~~~~~r T~)~r ·1:----t---,-------~------~ LL,ur~; aJ2W..V Gt=!fln ~ ~v. • I . • - • • I • • • • H ed S d d OY ec~n l' ve ~ s a n sen j_ ..:J-:f=~T-A N Ab t f Ab t _::>m1 tr, ---~er Clayton Mann _! ~a-~~.!:.3] _? !:_L I . • • • - • • M ed S d OV ec~nde ve Na_y sta n sent {:7 Wi 1, ~?r.:3·---~ v- .weber R -·-v- A Ab Ab Smltr, -r v Haroer ' t--v-Clayton I v-Mann __ I v- _Ma .vC2 r Ta_y]_:u v- I . • • - • • • • i!OLL CALL --- r---~------~H~aa~r~oc~ --j--i---+------+-------1 Clavton --t--t---t---+-----l r---+----+~~~nn 1 '----'-----L.!M~;a~yco?..!:r__!T_~a ~)_?Q--1--t---+---~ • I . . • , • • • - Moved Sec~nd~d A ve N a1' Ab _}" sta n 1 wi 1, ~:~--·r-c.-v ' w~h~r --v :,lll_!_!r, ,_-- _Haroer --· v-Clayton 1.-- Mann _I ~ Ma ~or Ta y]_~!:..J... /..,./ ~/'g/'~~ r:z_ /1 -I ~ qn {J _ / • Absent I . . • • • _ Moved Sec'Jndpd I . • • • • • • Moved Sec~nded A J Wif't i'r.--:-,·---T ve Nay Abstain Absent _Wf!b;;:-.. 'Smftr.~l Haro~>r ··--1 Clayton I Mann I l'fa .-.-:?~_1:IJ. JJlc erzun .p&b J .:I.'»>O--.n :f x: , "'J ~r tu'Y>.' ~ ~ .J.<f.T~~ ~~'J (7-~.£:_, /-'YG /Cf(tf uudy/-: cY c1}Yl 'ill~ q c, z ( Crz -~ h~~ P.JvU~ /)'lu-u. ~L-#Yv; r .Jft-tJ (f h 0_ .b._ -1-"'Zc. c tU -Jf.:?/5 () /YJ~J :J;, ,<._LA ct ,;/)la. YV>v -(/>Vl ~,U 1 L a mt o r &JL~u&t.d • I . . - • • • • Moved Sec~nded A I Wif'Y~ -T ve Nav Abstain Absent ' Wo>l:ler --· ~ :>mar, ---Haro~ C1avton Mann 1 Y~~r T~y)_?Q ----------- J!1o >1 YU -~ /U "!A-tAW /1~ ~ J "'M .)' 7 e<. -a~ ,;(li.-u _ '>l c a 11 • I . . • - • • Moved Sec~nd d P Ave Nav .-I WP" -;.---·r """""Z:? Abstain Absent . ,rr.:., v ' WPhPr R ·--z.:;:::; "'~ :>mttr, t--- Haro!rr_ ----t- Clavton ~ Mann 1 v 1-fa)l_or T~]_?U t-- --~~~J------------------------------ '1> F JYIY-~ s ode s w~r _.. eu). it {Yl L#YI.Uj-~t5U-L '--<-1 /lw-' 't-ad) ~~~ . • I . • • • .. • H ed S d d ov ec~n l' ve Nav bsta n sent I Wil''f?r.:;; ___ -T D A---' w;b;r ~-~ V ~ !)mTfr, v- A A Ab ---. Haro~-v- Clayton v- Mann I v- Ma.v~.!:. r~r~u v I . . D • • • • • RO LL CALL Mo ed s c:> d d A y e n P ve ~ n Wil'~?r.--=;---~ N Absta1 Absent ~ebf!r ~-- ~"!!!'· -...liilrDtt__ Cl~ton Mann ' -"'5Y.?..!:. T~y)_:!:.i I . • • • - • ,· • - a_, I . • • • • - • • RO LL CALL M ed S d d OY ec~n l' ve ~ sta n sent Wil't?r..\ --~ v ' Wl'bPr c::;:7::.. ~ t-_y---:>mltr, /...- A N Ab Ab --· __Hj_ro~ 1.--- Clii.Yton t.-- Mann l /,/" ll_a.v~r Tay_l _:.c_j_ I/' I . . • • • • .. • Moved 5 ec~nde d wiT' t ?r-; -1 A v~-Nav 1-~ Abstain ...J...- w.;h"_. ~-- -_::::._! Absent !lm1 r, l ~ 1 ..Haro -'- I clav~n--l v- I Maoo-:._:_ ! v- - }fa_y~r Ta;:)_~.J__;;.-< -- I =:J I . • • I • - • .. • H ed S d d A OY ec~n e ve ~ sta n sen _l Wil, f?r.--._.,-~-~:r I v '~~bl!'r -< //"'" ~ ~"!!.!!· -.1 //"'" _lfHD!rr_ ! I/-_v Clayton l I/-Mann __ l v- __!'la :~~.!:. Ta y]_::u v N Ab Ab t 7 b I . • -~------~-. I • • .. - Moved S nd d ec:~ ~ Ave Nay Abstain Absent v Wf1' ~ ?,..~----~ t..-- I J.l~boP.r_ ~--v-- smm, t---JW'Dtt__ t--Clayton v v Mann v-!'~or ~~-'r 1 t-- :Jha1 1 ~ {f~~ _4.10 ~ /Ua~J if j(le_L r~~ v~~~J CJ-I f o__L '7: 30 I . . • I • • • RO LL CALL Moved Sec~nd~d ve ~ s a n sen J io/i1'ti'1'"'; -·J ..weber --o:c:_-·- A N Ab t f Ab t ~"!!Y· -l _Haroer I Cla_yton _l Mann J __-"'oa yor Ta y]_::u __..... N UYU?f\e/)'LR.J oA---g . 0-u (f , m . • • • I . • • I • • • H ed S d d ov ec~n e ve a.y sta n sent wi ff1?r::s-= -J v- ' ~ Wf!b"'r ~ ' v A N Ab Ab !lmltr, -I v JiarD:tt_ ! v Clayton I ~ Mann 1 v Y,ay ~r Ta y_1_::r ·I _v I . • • I • -• - RO LL CALL Moved Sec~nded Ave Nay Abstain bsent I Wi1'i?r.--:~----T v A ' WPb~>r -z.:::::::~ v v :,m1tr, v----Haro~ v-v Clayton v Mann ' v Ma yor ~]_:!:.i t./ 7d . I . . • • • I • • ,. • Moved Sec~ndtod Ave Nay Absta1n Absent I----+-------+-'W.:..:.i..:..1'_.:."fi'r.-:~---T_t---,~1----+-----+------1 Wi!!her -;-··----v v Sm1tr, --+·-~.----:;:;_-+---4----1------l Haro~ v t---,-/--+----+--'fc~la .... vton v Mann 1 L/ ~---~----~M~ .. a~~or Tay~:~~~;-+----+------+------~ • I . I • - • • ROLL CALL N~ A s a I Ave ........, Moved Sec'lndPd -----T v-Wiffi?Jr.S · ~ j ~ 'V l~r. -----.J -z:- - .k.... - ~ltl:_ /..-- -J v--Cl~ton ~ Mann .. L ~ l ayor Ta y11!:_!_ ....:.:! ·----~--- b t 1n Absent I . • • • • • - ROLL CALL Moved Sec~ d d n e I WP'· -Ave Nav Abstain Absent '';I'~.~ r--z:::: 1 WPhPr ""'<...._-··~ ~ :>m1tr, j '-~ Hilroer - L--- I v Clavton I !.--' Mann I V Ma .y_~r Ta y]_-:u 1./ I . • • • M()Y~ v 7 ~ • ( • • • RO LL CALL Sec~nded Ave Wi 1 , ~ i'r.-:; -·,---c:::: '...lte.ber ~---/../' ~m1u, --l /...-- ..HAI'D!tl:_ I v Clayton I ,_,_-v Mann I v _Ma .y_~r Ta_Y.)~;r ·I /./" I -2£ \1.11-iu ~'u .:If-5 I <-; ~(;/.1/.VO-~ N~ • Absta 1n Absent I . . • I • • • Moved S c d d e ~n e ve Nav Abstain Absent I Wi ffi nrs·---·r-- 'W1>h1>r~-~ :>m1tt, I -Harn!tl:_ 1 v Clavton I v Mann · ~"'.!!Y.~r ray~_:u s~. ~r ~17sr~~ oJ__ ~ :}JMr:~ ~rnJ ~(y f--) ;;_1~ iLt ole(~ • I . . I • • • ------------------------~~~----------------------------------------~--- iW LL CALL Moved Sec~nded A I w1 f'f?"Fs ___ ::r~ Nay Abstain Absent L--- I W~>h"!r I v-v-!lm1tr, v---· Hare~ v-Clavton v- L--Mann ! v-- Ma _y c:>r Ta yX?r l v- /tfo I . . • • I • • • M eel S dd ov ec~n l' Ave Nay Abstain Absent I Wi f~ ;or.s·---r-(..--' ' -w;,:;-r U -.. v----s-mar, -J t.--- _Haro~ I (,- Clayton f ~ Mann · ,_. ffa:~or Ta Y.)_:!:.l I/' I . • • • I Moved Sec~nded y t c L ........... • • • ROLL CALL 1 1, ____ -· Ave Wi '~P~S I v- ' WAh;r ~--~ J/' Nav Abstain Absent sm tr. -.I v- Haro~-I 1..-- Clavton I v Mann ! v -v.a .v_?r Tay)~?r ·1 .....-- I . . • I • • • Moved Sec()nded Wf,,. -----·r Ave Nav Absta 1n Absent , · ,?r;., w.;h,.,. . Sm r, JlarD.~ Clavton - Mann 1 -v~~r rar):u ~uocr :/he Ciu>v /'iU-~{ 6w-> ~tL-a l. d<.f"' Z..-J- '1) 0 a~ l l~ dA,lfi:Lctu I . • • - • I • • • Moved Secondt>d A N Ab ve ay stain Absent wi fn ?~r.~,--~T ~ I _Webl'!r _smttr~ ---.l _Hj_ru~rr__ I Clayton J Mann 1 ~a y ~r Ta ~)_:d !U ~ ~~~ /ilu~ rJ {j / &o--' ~) /U.,A.. tf ~ d-/ /}l<J6Jf 'IJJU. ( v ;u~, (a ) • I . . I • - • • RO LL CALL -- Moved Sec d d ~n e Wi ,-,..--=.---T Ave Nav Abstain Abs@nt v I > .r-r.., ~ W1>h1>r ---v- :>m a r, 1 ~.--- Haroer -• ~ v-Clavton 1 ~ Mann l ~ "lfayor Ta y__l_~u v • I . . • • / • • • --~ ----~ Moved Sec~nded A N ~----T ve av Abstain Absent !.--'" 1./ -l v I 1./ I /.;- __ I 1./ . .L::U ;.../ I . • • • • • -~ --- RO LL CALL ~ov.ed Seconded Ave Nav Abstain Absent v I Wi f,-{?J;~--=--~: l ' WPhPr ~m1 tr. --· Harn~ Clavton Mann ! May_?..!:. T ~J.:r-1 I . . - - . . • REGULAR MEETING: • • • COUNCIL CHAMB ERS CITY OF ENGLEWOOD, COLORADO Augus t 7, 1978 l A The City Council of the City of Englewood, Arapahoe County, Colorado , met in regular session on August 7, 1978, at 7 :30 p.m. May or Ta ylor, 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 f or 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 q uo rum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardi ni Dep uty 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 : Council Members Williams, Weber, Smith, Harper , Clayton, Mann, Taylor. Nays : Non e . The Mayor d e clared 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 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. * * * * * * "Conmrunications -No Action Recommended" on the agenda were received : (a) (b) (c) (d) (e) (f) (g) Minute s o f the Board o f Adjustment and Appeals meeting of June 14, 1978. Mi nutes of the Denver Regional Council of Governments meeting of June 28, 1978. Minutes of the Planning and Zoning Commis- sion meeting o f 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 Anne xation/Navajo Street Extension. Memorandum to the Mayor and Member s of City Council concerning the Ma nager /F ire Leadership Workshop in Seattle, Washington on July 12 -14, 197 8. * * * * * * City Manager McCown requested Administrative Assistant Brown to present the two recommenda tions from the Water and Sewer Board as presented in the minu t es of their meeting on July 18, 1978 . Administrative Assistant Brown pr esented the first item wh ich concerns relinquishing the utility eas em ent at the overhead reservior site to Greenwood Village. The s ri p of land is 8.5 feet by 265 and Greenwood Village desires to purchase this strip o f land for a greenbelt area. An appra isal of the strip of land has been prepared by Bau gha r 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 rth fo r another 250 t o 300 feet with the same utility easement. Admin i strative Assistant Brown stated the Director of Ut ilities has stated that the entire stri p of land is of no present or fu ture use to th e City of Englewood. Administrative Assistant Brown stated the Board is r e comm e nd ing that the City Council give the entire strip of land bordering the east side of t he overhead reservo ir to t he City of Gr eenwood Village as a measure of goodwill. In response to Counci lman Mann's question concerning wh ether or not the City could give away this land without any re compen se , City Attorney Berard ini stated the general law is the City should rece ive value for value and advised the Council that they should expect to r eceive some v alue for the release of the land . COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO PREPAR E AN ORDINANCE FOR THE SALE OF 560 FEET X 8 1/2 FEET TO THE CITY OF GREENWOOD VILLAGE . Councilman Willi ams s econded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Council Members Williams, Weber, Smith, Harp e r, Clayton, Mann, Tayl or. Nays: None . The Mayor dec lared 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 i nclusion 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. Upo n a call of the rol l, the vote resulted as follows : Ayes : Council Members Wil liams, Weber , Smith, Harper, Clayton, Mann, Taylo r. 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 express i g 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, th e 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 • ( • / Augus t 7, 19 78 Page 5 5 (g) • • - Request fo r a 3.2 retail beer license - annual renewal for Shakey's Pizza Parlor 3281 South Santa 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 f ollows: Ayes: Nays: Council Members Williams, Weber , Smith, Harper, Clay ton, 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 fo r 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 resulted as fol-lows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None . The Mayor declared he 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 review d by the City and the City's construction manag er and they are recomm ending that the low bidder in each category be awarded the job. The sum of t he 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 o f 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 Mana ger McCo wn 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 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 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 f ollows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. Th 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 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 PROV I DING 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, Ha rper , Clayton, Mann, Taylor. None. The Mayor declared the motion ca rr ied . * * * * * * 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 RE VEN UE BONDS, SERIES 1978 (PORTER MEMORIAL HOSPITAL PROJECT), SAID PROPERTY TO BE USED FOR THE PURPOSES OF AN EASEMENT OR RIGHT-OF-W AY 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 Micha l 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: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini transmitted to Council for in- formati on 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 add r essed 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 At torney Berardini transmitted to Council for in- fo rmation 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 At torney Berardin i 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 and Fire Center is located. Ci ty At torney Berardini stated the Oliners felt there was a violation in the law by extending an option agreement in exces s 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 rul e d in favor of the City and that the City did not violate the rule against perpetuities. * * * * * * City Manager McCown presented a memorandum concern ing the designation of two or th ree Council members to attend the annual National League of Cities Conference in St. Louis, Missouri, November 26 -29, 197 8. COUNCILMAN SMITH MOV ED TO DESIGNATE COUNCILMAN VERN MANN AND COUNCILMAN DON WILLIAMS TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENC E IN ST. LOUIS ON NOVEMBER 2 6-29. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Counc i l Members Williams, Weber, Smith, Harper , Clayton, Mann, Taylor. Nays : None. The Mayor d eclared 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 • • • Augu s t 7 , 1978 Page 11 • • • Counci lm an Weber spoke against having an out-of-town budget retreat. Coun c ilman Weber stated he felt the work could j ust 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 represen t ing Porter's Hospital matter discussed earlier i n t he mee t i ng . Mr . Michael Pederson and Mr. Henry Cleveland , attorneys fr om t h e law firm Saunders, Snyder, Ro ss and Di ckson , P.C., re- presenting the Porter 's Hospital matter appeare d be f ore Coun cil . Mr . Pederson discussed their request for the Cou nc il to pass an ordinance that would allow Porter Memorial Hos p ital to grant an easement for a tunnel between the office buildin g and the hosp i ta l facilities . A short question and answer period foll owed the pre-senta t i on. Upon a call of the roll, the vote on t he or i gina l motion made by Councilman Smith to pass the bill for a n ordinanc e on f i rst reading resulted as follows: Ayes: Council Membe r s Williams, Web e r, Smi th, 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 • • APPLICANT: The Liquor Barn Ltd 4415 S. Broadway Engl ewood , CO 80110 TYPE OF ACTION REQUESTED: • • • COUNCIL ACTION REQUEST LIQUOR AND 3 .2 BEER OUTLETS Annual Renewal -Retail Liquor Store License POLICE AND FBI REPORTS: See Attaches PREVIOUS CITY COUNCIL ACTI ONS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: COMdENTS: I . - ( • City of Englewood M E M 0 R A N D U M TO: Jean Montgomery FRm~: Sgt. Ron Medford DATE: July 12, 197 8 SU BJECT: LIQUOR BARN, 4415 South Bro adway • • • 3400 South El ati Street Englewood , Colorado 80110 Phone (303 ) 761-1140 Our records Indicate that In the year beginni ng on Jul y I, 1977 and ending on June 30, 1978 the LIQUOR BARN located at 4415 South Broadway h~s been Issued a summons for I I legal sale to min ors (Case Number 78-992). No other violations have occurred, which could be ch~rged against their license prlvl lege. The employee who sold the I lquor t o the minor w~s terminated. Robert R. Ho lmes Chief of Pollee Englewood Pol Ice Department Se £n?'f.~Jl Investigations Division Eng lewood Pol Ice Department I • • • • - ORL ~ (REV . 10/"le) STATE OF COLOR A DO DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR MAL T,,VINOUS AND SPIRITUOU S li QUOR liCENSES 00 NOT ~I T[ IN THIS SP ACE (GET APPROVAL OF LOCA L LICENSING AUTHORITY FIRST) LIQUOR ENFORCEMENT OFFICER 'S ACTION AnER GETTING APPROVAL 0 Of LOCAl LICENSING AUT I10 RJTY ,IF REQU IRED , SEND TOCOLO RAOO DEP ARTMENT OF REVENUE , STATE CAPITAl ANNEX , 137! SHERMAN ST ., DENVER , COLO . 80201 (303) 102-3741 LI QUCIR 8A~N l TO TH? 4415 S BD WAY ENGL ::wCCLJ CO 80110 I CERT I FY THAT THERE ARE NO CHANGES TO MY ORIG I NAL APPLICATION A,IOVIO t-2 -7<P' OAT[ OIIAHIOVI 0 EXCEPT CHANGE OF MAN ER , TRADE NAME OR CORPORATE STRUCTURE . '----=-==-=--=.::o.::.:::..::..__::....=;=.=-_.:::::...::::..:::___::._ -+-~.L---"'-'::;:_-=-~:,...---'::._ ___ ~.:.!-:::=elno Add_.---------------- OWNERSHIP DO NOT USETfiS FORM . USE AN OR IGINAL APPLICATION .) IMPORTANT MAKE CHECK OR MONEY 1 SEE INSTRUCTIONS ~A:~~~CR~~~~:: C_O_R_P_O_R_A_T_I_O_N_,_F_I_L_L_IN_R_E_V_E_R_S_E_S_ID-E.-----ORDER PAYABLE TO THE T ON THE REVERSE COLORADO DEPARTMENT SIDE . BUSINESS PHONE NO .-~~---------------OF REVENUE . RENEWAL APPLICATION FOR LIQUOR LICENSE (S) FOR THE YEAR ENDING ' TOTAL FEE(S) I "" ... ace~_'!.~--,.~ ".,. .. u,• .. ••••T..., &i,.to.~IMNCI .. ,, . ~ .... , ... , •••~'-''" oa ll-b 35tl j 1u OO c:; 592 1 3 0 91 0 761 I 1)90979 1 (117 .50~ TYPE NAME AND DESCRIPTION OF LICENSE '-..fE_f....---" t.: .:'T Art I I ~~~~W 5T C~.<: uc·~l\sE -MALT VI N'.US • A ND P It· fTf ·n us $ 'ii).OO 1nAA P t-?.C c NT •1AP FEF ~ 1 ?7 'iO Oo you have lega l pou .. s•o n o f tt r p remt ses for wh•ch th•t appl•cauon for licen se Is mede? ___________ ~!!.~~S:_ ______ _ Are the p rom •stl owned or re nttd ? () W AI,._. If rented, efftct•Vt & ex p tration d a te of lease ---------------- Is apphcan i(S) or ell offoce rs of 1n e corpora100n , c o men lsi o t the U noled Sto tos ol Amer tco 7 _____ -LS,Y&-s:;::::..' ----- It th e applican t , or an y of the partners, or any of the o ff•cers , stoc k h olders or d irectors of lll td appltcant (I f It 11 a corp orat•on l. or emp loyell of env such , under the age of twenty-one veers7 _________________ •Yes _______ _ Has the epphcant , or env of the partners , or any of the offtctn StOGkho lders or dnectors of 111d appltcant (If tt ''a corp ora· t1on l evtr bftn conv•cted of a ftlony in the State of Colo rado or bftn co nv teted of 1 cr•mt elsewh ert wh ich would const•tute a fe lon y •f such come had been commttttd in tht Stitt of Colo rado? It 10, ltltt fu ll dttlli t _______ Yes _______ _ H1 ~ the appiiCint. or tnv of the ptrtntrs, or any ofltcer , d tr ector o r s t ockholde r of tt•d apphCint t•t tt 111 corporat•on ) eve r le i been dented t ll ctnll u nder th •l li Quo r lt w 1'----------------------~ es -------- lb l htd tn tlcohollc beverage hctnll 1uspended or rr<~oked ''----l,;--------------Y••-------­ I f the answer 11 VII u:pltm fu ll y (attach separate lhttt, tf nttdtd) Do you o r any mtmbtr o f your fam •lv hevt 1 f intnc•t ltnttrtlt tn tnv other liQuor llct nH ' (Such f l nanclallnttrtlt to tncludt / No ___ '-""' No ___ No V"' No ~ any equuy 1n ttren o r lotnt) If th t tnswer '' vu, u:pla•n '" deta•1----------------Y••--------No~ Dots eny p t rt on. f •rm or corporation heve a flnenc ltl lnttrtn. t vldtnctd euhe r by lotns or equ itv ownerst'l lp In tht but ln tst fo r ¥Yh tch thil lletnlt 11 reQuttttd71f tht enswe r it ytl, tttrt nemtt tnd tddrtiHI e nd emount of such f •ntncttl lnttrttt uprtlltd ,/' 111•thtr In dollert or other tttml of velut, such •• •nveruorv furn iture , f tJCtUrll end equ •omtnt _______ .,. • ., _______ _ No ___ L i n the "'"'"end tddrtntl of all but•ntsltl In wh•ch any of the persons '" tht prev tout Quest ion trt intt rlltt d Ntmt Ul n 111 ciG rtll • I • • .. ( • lei P res•dent Vtce Pres T re.nurer Secretar v / • • - IF THE APPLICANT IS A CORPORATION . answer (a). (b). lcl, (d ), and (e) loti Org.lntztodunder the taw o t the StatPO ~r.:;--~..J1!..6f'~,#_J'_ ------O;ue ___ L'i?£ ________ ~ lli)PrtnC•Dal bust neu '' cunrlucrtd ;••---~l"-.l:~·-6._'!t/~----,· Coun ,ot_k't!f>:__, Stille ul__f.9..#. h. I Date o f ftltnglo_'' itnnunl COIPUt,Jif! •f!POII 10 the s~c•el ... fV ol St.tlf" ________ t l _ -----------~ fd J Name Home Adrhi!!n C••v O.Jtt! of Bn th ., f?rll«~ t!· 7f.s~ 741'# ,S . TPII¥Jt'~nv .,"J;p'.,;" 'j'~ H..·~~ 1!1/'f WI-L(lt£,# "'-~• 'rtf. L . ~· au .$. h+c.LV''"'/ 1.,,., /.51' M.Jnager ------------- DIRECTORS Ltst 1111 Ot•ectors lat lenst 3 arc reQwretJ hv L,l'...,l NAME HOME STREET NO & CITY DATE O F BIRTH J.s LtU a ll uoclrholc1ers ownmg or con ~rolling .1ny nt the CJ P•till uoc\c. of the c o •POriltton !Include octual o wner or pl~l1gee 1 Use seP.1rtlle sheet •I needed HOME S TREET NO & CITY PERCENT OF A- S. '1i:U#IY,#-N'. ___ sr_o_,c~;,;.w.,;~;;._-- .,. ]'b% STATE OF COLORADO DATE O F B l ATt-~ Coun<v ofr __ ......J...&d,=u'k-1-::;!...!.;D"'-'c'='~---------,,,}.·_• _ .... tc=_..i?:..O<.JI..Ioc..!...F _ _,(!::___.T-'Ic..:S'<!~I.!.f ______ _ an11 , be•ng b y me first dul v sworn , d lor htmsett Ueooses.mct savs th,Jt np ''the OI PP hc ""' abo"e named . or 1h a t he ,,, __ ,c.Rl,.;:F">"';;;.-JZ...Iul>:LJ;;E")...;A<~· _.r _ _,af the ubove n:~m ed corpor.n•on tho~t he h01s •t..1d the lure go•ng 'IPP !tc;l!u)n .:~net !h at f'le ltn o~s the con trnti ttlere()f .. tt'!C1 ti'I.J I all m;Jt ter s nnd tntngs there•n set forlh :u e tr ue of h ts own kn.Jwl eoge and hfl 1g ees tO confu•m to otl rules ane1 regul.•t•t'ns gro,ulliJaTf'd bv the St;;ue O ~:trt!"ent of Revenue m connl'ct•O" the •h"llt h ICO F2PO RATE SEA L) REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY IM onu •Kture r• Whol esal er~ Importers nnd P uhl•c TrlntP Otll•on Svstems d •sre ga~tl th1 S sect ton i The IQ1190 tn 9 •oOIIC II •ll'l "-' 0811'1 e .... a m•n.O 1n0 !I'll CUi m l~tS , DUSII'IIU (01'10UC!t0 anO t ntrltll l Of tne I OOh tll lS Utlfi CIO Pf', ll'l d we oo reoofl tnll su ch hee n se •. 1 ;r1nteo, w•ll m eet ll''l e r•lio n•Dte reau tr e menu of tl''le n e •ghOor n ooJ O 1no tn t detHIS o il he mh•b•u nn, ana comohlf Wltl"' ti'IIP10¥tS•On ot An•cte 47, Ttl II 12. C .R .S . 1973 TH£ttl£,.0ttll THIS AP ... L.ICATION IS HlAI[.V AltPAOVIO , OAT EO ATr ____ -..J >1 15 ---------0AV OF.'---------,A .O 19'-------- IN AM( OF TOWN, CITV OR COUNT¥1------------------------------------- tMA VQR O A CH A\IAMAN OF BOAAOOF COUNT Y COMMI SSIONERS OR OTH[.R TITLE OF LICENS I N G A UT HOR I ATTEST (CL[RI< OR SECAETARV OR OTHER 0'"1C ER HAVI NG Tt-IE OFif i C I AL.SEA LOF THE l..ICENSING AUTHO R ITY.) (II tftl otemh•t areloce~t• w lt n •n a to.,..n or c•ty, VI I aoo"e ao o ro "'•' snoutd a••ltn•a Cy ''" rnavor ana clerk , If'" • count'/. tntn by the crt1hm•n 01 I he bo1ra c county comm•ntonert ana,,,. Cl en~ to tttl ooarG.II, oy ord l•nce or otherwlll, tf'l e loult•unt•nt e utf'tO rt ly •• •o,e otrter oti!CII I, tnen s uc~eoo ro¥;,1 1 rtoula bt ''"'" oy t ucn ofl•cte l.) , 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 OF ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS ~ JULY 12, 1978 /1-/ //l.t!Tts Q f A The regular meeting of the Board of Adjustment and Appea ls was called order at 8:00 P.M . by Chairman Oliver. MEMBERS PRESENT , Brown, Leonard, Hallagin, Seymour, Kreiling, Oliver. MEMBERS ABSENT: Dawson . ALSO PRESENT: Gary Pittman, Chief Building Inspector, Leo Clark, Assistant City Attorney Valerie Christy, Recording Secretary Case No . 24 -78 Case No. 26 -78 JA11ES B. SHOMAK~ ------------------------------ CANCELLED CANCELLED 4647 SO. GALAPAGO ST . CASE 25 -7 8 REQUEST : The applicant is rcques ing a variance from the required 18 ft. total side yard setback and the req uired minimum side yar d setback of 7 ft. to an ll ft. total side yard setback and side ya rd setback of 1 ft. on the south side. The purpose for the va rianc e will be to allow the owner to build a two-car garage. This is a varia nce of the Comprehensive Zoning Ordinance, Section 22.4 -2 i., (2) (a) Minimum Side Yard . The Administrative Report was read an d submitted to record . Mr. Shomaker, owner of 46 47 So Galapago Street, stated that he had an existing driveway on he south side of his property and he would like to build a garag in his back yard to accomodate two cars . To do t his, he stated, he would have to get very close to the south property line . Mr. Oliver asked if his lot had been checked for lot coverage by the zoning department. Mr. Seymour asked what his lot size was. Mr. Sh omaker stated his lot was 75ft. by 125 ft. Mr. Ol i ver asked is the patio was covered or enclosed . Mr. Shom aker said it was just covered, and its dimensions were 12 ft . by 24 ft. (cover). Mr. Oliver asked Mr. Pittman if there was any problem with attaching the garage to the house in this fashion. Mr . Pittman stated that Mr. Shomaker was going to attach the garage to the patio cover which was permissable. Mr . Shomaker further stated that t he garage would be 20 ft. by 28 ft. He stated that he has a car, a je ep and a tent trailer , that he wants to keep out of th e weather. Mr. Kreiling asked why the garage could not b off-set so that it would only be 3 ft . from the property line . Mr. Shomak r stated that he would have to make a turn in the driveway entrance to get by the patio to off-set (l) • I • • • • • • it in the back yard. He also stated that he did not want to locate the garage in the rear of his property because it woul d destroy alot of his back yard. Chairman Oliver read into the record the six conditions for granting a variance . The Board Members and Mr . Shomaker discussed possible other alternatives for re-location of the proposed garage i n hopes of allowing at least a three foot side yard setback. None of the discussed alternatives were acceptable to Mr. Shomaker because of the additional expense of re-desi gn. The letter of approval from the adjacen t neighbor on the south was discussed. The drainage and removal of an existing fence wer e also discussed. Mr. Terry Ondler, of 4835 So. Grant Street, spoke in favor of the variance. Mr. Seymour motioned and Mr. Hallagin seconded that: IN CASE25-78, MR. JAMES B. SHOMAKER, 4647 .SO. GALAPAGO STREET, BE GRANTED A VARIAN CE FROM THE REQUIRED 18 FT. TOTAL SIDE YARD SETBACK AND THE REQUIRED MINIMUM SIDE YARD SETBACK OF 7 FT. TO AN 11 FT. TOTAL SIDE YARD SETBACK AND A SIDE YARD SETBACK OF 1 FT. ON THE SOUTH SIDE . THE PURPOSE FOR THE VARIANCE WILL BE TO ALLOW THE OWNER TO BUILD A TWO-CAR GARAGE. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-2 i., (2) (a) MINIMUM SIDE YARD . Upon a call of roll, the following vote resulted: AYES : NAYS : BROWN, LEONARD,HALLAGIN,SEYMOUR, KREILING, OLIVER. Chairman Oliver stated that it requires an affirmative vote of five members to grant a variance. The vote was four in favor and two against . Therefore, the variance was denied . -------------------------- DOROTHY M. HALL 3191 SO. WILLIAMS CASE 27-78 REQUEST : The applicant is requesting a variance to permit the subject parcel to be used for a Day Care Center . This is a variance of the Comprehensive Zoning Ordinance, Section 22.4-2 b., Permitted Principal Uses. Mrs . Dorothy Wall, 3191 So . Williams, stated that she would like to have a variance to allow her to take care of up to six children in her home. She stated that the children's ages would range from two up through school age, not older than fifth grade. She stated her three daughters, ages twenty-two, seventeen, and fourteen, live at home and help her. Mr. Brown asked if she felt there is a parking problem. She stated that there was none, because the parents only stop to drop off or pick up there children , for no longer than five minutes . She further stated she had facilities for the children to play both outdoors and indoors as they prefer . She stated that the • I • • ( ( • • • children are allowed to swim under supervision in the back yard pool in the afternoons. She also remarked that the largest number of children in her home at one time was probably ten, but that she now only has six and intends to limit herself to just six. The board dicussed the definition of Day Care and the definition of baby- sitting. Mr. Pittman clarified he fact that regardless of whether she was termed baby sitt ing or day care, it was still classified as a home occupation which requi red a variance. Mr. Oliver asked how many years she had been caring for children in her home . Mrs . Wall stated that she has been caring for children in her home for fifteen years. Mrs. Judy P~son, 3120 So. Race, spoke in favor of Mrs. Wall's Da y ~ar~ facili y. She stated that was a member of the planning comm~ss~on. She stated that one of the concerns of the commission was to maintain the single-family residential aspects of Englewood. She felt that g ood day care in the city would help maintain the neighborho ods. This would help make the neighborhoods attractive to families with young children which would also help the declining enrollment situation of the City's schools. She personall y had Mrs. Wall care for her own daughter when she was younger and stated Nrs. Hall took excellent care of the children under her care . As her n eighbor, she testified that Mrs . Wall operates a very quiet and low profile operati on that does no t distract from the single-family residence atmosphere . Mr. Ray Slaughter , attorney at Law, 3195 So. Race Street, stated he was not representing Mrs . Hall, but that he was there only in the capacity of a neighbor . He also spoke in favor of Mrs . Hall and her child care facili y. He also had t1 rs . Wall care for his child . She had been highlv recommended to him from a friend. He stated that he did not feel her facility ~ould i n any way alter t he character of the neighborhood . He stated that after fiftee n years it was no longer a non-conforming use , but that it was in fact , a conforming use . He further stated that it was a part of the neighborhood and o deny t he variance would be to destroy a very real part of the neighborhood . He made reference to the fact that all of her con iguous neighbors signed approval letters. He also stated that Mrs. Wall was not in he business for profit, but because she loves to care for children. Mr. Ed Kelly, 682 So. York, spoke in fa vor of Mrs. Wall's request. He stated that Mrs. Wall care~ for his wo year old son. He stat d that the care he receives is invaluable and they fully trust her care, and are comple ely Pleased with his development over the last two years. Hr. Brown motioned and seconded by Mr . Seymour tha : IN CASE N0.27-78, RALPH AND DOROTHY WALL, 3191 SO. \-HLLIAMS, THAT A VARIANCE BE GRANTED TO PE~~IT THE SUBJECT PARCEL TO BE USED FOR A DAY CARE CENTER. THIS IS A VARIANCE OF THE COMPREHENSIVE ZONING ORDWANCE, SECTION 22.4-6 (2) (b) PERMITTED PRINCIPLE USES. TilE VARIANCE IS RESTRICTED TO USE BY ~-AND MRS. RALPH WALL AT THIS RESIDENCE AND RESTRICTED TO SIX CHILDREN. Upon a call of roll, the following vote resulted · (3) • I • • / • • - AYES : Brown, Leonard, Hallagin, Seymour, Kre iling, Oliver. NAYS : None. ABSENT: Dawson. Chairman Oliver stated that six members had voted aye , and there fore the variance is g ranted . --------------------------- Case 2 8-78 was switched on the agenda with Case 29 -78 to allow more time for the applicant to get there as he was running late . DOROTHY WYLIE 3998 SO. ACOHA STREET CASE 29 -78 REQUEST: The applicant is requesting to be allowed to erect 6 ft . of six foot cedar fence between the existing dwe l ling units . This is a variance of the Englewood Municipal Code Section 3-2-3: (b), 2 . Mrs. Wylie, owner of 3998 So . Acoma St ., stated that she wanted the fence up as far as she had it, to allow her privacy a nd p ro t ection of her do g. She spoke of her conflicts with her adjacent neighbors to the north. She further stated that the fence was not unsightly , and was an advantage to both herself and her nei ghbors . Mr . Pittman described the fence building permit she proposed to buil ding line of the two units. is what is necessary to enclose in question . He stated that on the erect the six foot up to t he rear The additional six feet of fence her yard. Mr . Mudra, owner of 3990 So. Acoma, spoke in objection to the existing fence because he is the neighbor to the north. Mr. William D. Monroe, owner of 3980 So. Acoma St., spoke in favor of t he fen c e request, stating that Mrs. Wylie has always got along with her neighbors and he felt she deserves her privacy . Hr . Seymour motioned and Mr . Halla g in, seconded, that : IN CASE 29-78, DOROTHY WYLIE, 3998 SO ACOMA STREET, THAT A VARIANCE BE GRANTED TO ALLOW THE ERECTION OF SIX FEET OF SIX FOOT HIGH CEDAR FENCE BETWEEN THE EXISTING DWEL LING UNITS. THIS IS A VARIANCE OF THE ENGLElvOOD MUNICIPAL CODE, SECTION 3-2-3 : (b), 2. Upon a call of roll, the following vote resulted : AYES : Kreiling, Seymour, Hallagin, Leonard , Brown, Oliver . NAYS: None . ABSENT : Dawson . Chairman Oliver stat ed that six members had voted in the affirmative and therefore the var iance is granted . • I • • ( • • • ,. - LAWRENCE M. GERAGHTY 4020 SO . DELAHARE CASE NO. 28-7 REQUEST: The applican t is requesting to continue the use of this premises as a two fa mily dwellin g unit, and the varia nce to continue with the property and not be limited to the present o1vnership. This is a variance of the Comprehensive Zoning Ordinance, Section 22.4-4 b . Mr. Geraghty, prospective buyer of 40 20 So . De laware, stated that he wanted the variance to go with the property so that it could be sold as a duplex and not have to g o b efo re the Board for another variance. He stated that he had mad e app l ication for th e loan to purchase the property and the loan h ad been approved providing it is a duplex other wise ~e income fro m the hou s e would not be enough to carry the loan. He stated that he wa s awar of the Housing Code Inspection and the required correc i o n s hat needed to be made to bring the house and lower uni up o c o d . lr . Oliver asked if he intended to occupy the dwellin g . He s t ated that he was going to rent the units and that he owned h i s ow~ residence. He stated that he was willing to make the required c o rrections with the exception of the correction need e d o n the b edroom windows , the 6'10" head room in the basemen t, and t he 6'2.'::" duct work head room. He fu rther stated that the stairway fro m he upstairs to the downstairs would be shut off completely. He stated that he did not feel he could change the 32" ou t side exit door in basement to the required 36" do or. All the other repairs he felt he could take 0 care of. Hr.John Bradley, 6598 So. Hill, stated that he was Hr . Geraghty's realtor. He stated that at the time of the sig ning of the contract, Mrs. Ellis had told them it was a two-family unit, and he felt she truely believed it was . He further stated that if the variance was granted, Mr. Geraghty would go right to work making the necessary corrections agreed on. The Board and Mr. Bradley discussed the posibility of correcting the size of the lower unit's bedroom windows . He still maintained that he di d no t fe e l they could make that correction. Mr. Jerry Vernard, 3965 So . In ca , representing the owners of 4031 So. Delaware, which is the house located across the street from the subject property, stated that they opposed the continuation of the variance from property owner o property. He futher stated the property he represented was the parsonage for the ~layflower Church for which hffithe moderator and c ha i rman of the board of trustees . He stated tha the church has been renting the house until they retain a minister who chooses t o l i ve there or they sell the property . They feel that the continuance o f t he variance would be against good zoning practices. Hr . Pittman, re a d into the record a letter of objection to the requested variance from lr . and Mrs . Baumgartener, owners of 4070 So. Delaware . The letter was submitted asevi dence . Mrs. Leona Edstrom, 4011 So . Delaware, spoke in objection to the variance request, specifically , that she objects to the house being a rental completely, both a ren t al upstairs and a rental downstairs. She stated she had no objection to the house being sold as a two family house, but she did object to it being strictly an income house. (5) • I • • • - She stated that there were several doubles in the block, but as a general rule, the owner lives in one of the units where they can care for the property. She feels that renters do not generally care for the property. She stated that the subject dwelling has three bedrooms upstairs and two downstairs, which would allow alot of people on that property, causing amoung other things, a parking problem. Mr. Brown asked Mr. Vernard to clarify his objection . Mr. Vernard stated that first they felt it wasn't consistent with good zoning policy and that it will set presidence for more of the same thing in the neighborhood. As property owners, they are concerned about the neighborhood and property value. Mr. Pittman stated that because of the many code violations, some of which appear to be nearly uncorrectable, it was the recommendation of the Building Department to the owners that they seriously consider other alternatives such as conversion back to single-~amil use. He further stated that the Building Department _ that the structure did not lend itself to habitation of th basement as a separate and continual dwelling unit. The basement was never really designed for continual habitable use by families . Mrs. Fish, 480 Costilla, the daughter of the owner,Mrs. Ellis, stated that the original variance was granted due to the hardship that her father was dying of cancer and they needed the addition~income of the lower unit to pay for medical expenses. There was discussion regarding the code violation existing at the time of the first variance which .she stated she was not aware of any correction requirements assigned to her mother at that time. Mrs. Clemens, the realtor representing Mrs. Ellis, stated her concern of the prospective buyer being responsible for making the necessary corrections. She stated that felt that there were similar code violations in the neighborhooq that haq been overlooked. The Board assured her that they had not been overlooked if they had come to the Board for a variance. Mr. Brown motioned and seconded by Mr. Leonard, that IN CASE 28-78, LA\VRE~CE M. GERAGHTY, 4020 SOUTH DELAWARE STREET, THAT A VARIANCE BE GRANTED TO CONTINUE THE USE OF THE PREMISI:S AS A THO FAMILY molELLING UNIT . THIS IS A VARIANCE OF THE CO IPREHENSIVE ZONING ORDINANCE, SECTION 22 .4-4 b. PERlHTTED PRINCIPAL USES. FURTHER , THAT ALL CORRECTIONS STATED IN THE HOUSING CODE LETTER OF JULY 11, 1978, BE COMPLETED BY MR. GERAGHTY, AND THAT THE VARIANCE BE GRANTED TO THE PROPERTY AND RUN WITH THE PROPERTY ON SUBSEQUENT SALE TO MR. GERAGHTY. Upon a call of roll, the following vote resulted : AYES : None. NAYS : KREILING, SEYMOUR, HALLAGIN, LEONARD , BROWN, OLIVER. ABSENT : Dawson . Chairman Oliver stated that six members voted and therefore the variance was denied . • against the variance I - ( ( • • • - Mr. Shomaker requested a re-hearing of his case 25 -78 because he had newl y fo und evidence and a f inancial hardship wo uld occur if he had to be delayed another month because the loan for the proposed c onstruction had already been setup. Mr. Se ymo ur mo tioned and 1r. Hallagin sec onded that: CASE 25 -78, JAMES B. SHOMAKER, 4647 So. Ga lapago, BE RE-OPENED DUE TO NEWLY FOUND EVIDENCE. Upon a call of r oll, the followin g vote resulted: AYES : Krei ling, Seymour, Hallagin, Leonard, Brown, Oliver. NAYS: None. Mr . Shomaker stated that he went home and remeasured his p ropert y and called his contractor a nd was assured that if he wai t ed another month the cost would go up 5 to 6 %, which he felt was a hardship . He stated that he checked t he recommendations of the Board as to re -location of the proposed e arage to allow a larger sideyard setback . He stated that to comply with the suggestions, he would have to pour at least twice as much conc r ete which he f elt would cause him a financial hardship. He f urther stated that he failed to mention in the previous hearing, the vandalism that has occured in his neighborhoo d and to his cars. It would be in everyone's best interest to keep his vehicles in th is propos ed g argaee to protect them and keep them off the street. He stated that if he built the ga ra ge at the re ar of the property, using an alley entrance, the existing driveway at the front of the house would be unsightly an d an undue expense to have it jack hammered out and new sod put in . He mainta ined that his o ri ginal proposal would be the cheapest way for him to accomplish what he wants. The Board discussed the distance between th proposed garage and the existing structure on the adjacent property, and the prosp ective uses of that prop r y in the future. They discussed a possible compromise of a thre foot side yard se back by setting the proposed garage back further o the west. The Board expressed their concern for the future owners of the adjacent property in utilizing their side yard . The Board stated that they felt that he proposed garage could be re-located on the subject property so as to allow a larger side yard setback . Although they realized there would be an increased cost to Mr . Shomaker, they did not feel that they could consider that as a serious hardship . Mr. Seymour motioned and Mr. Hallagin seconded that: IN CASE 25-78, JAMES B. SHOMAKER, 4647 SO. GALAPAGO STREET, THAT A VARIANCE BE GRANTED FROM THE REQUIRED 18 FT. TOTAL SIDE YARD SETBACK AND THE REQUIRED H!UIMUM SIDE YARD SETBACK OF 7 FT . TO A 13 FT. TOTAL SIDE YARD SETBACK AND A SIDE YARD SETBACK OF 3 FT. ON THE SOUTH SIDE. THE PURPOSE FOR THE VARIANCE WILL BE TO ALLOW THE OWNER TO BUILD A TWO CAR GARAGE. THIS IS A VARIANCE (7) • I • • • • .. - OF THE COHPREHENSIVE ZONING ORDINANCE , SECTION 22.4-2 i., (2) (a) MINIMUM SIDE YARD. Upon a call of roll, the following vote resulted : AYES : Brown, Leonard , Hallagin, Seymour, Kreiling, Oliver . NAYS: None . ABSENT : Dawson . Chairman Oliver stated that six members had voted in the affirmative . therefore the variance is granted . ------------------- The Minutes of the June 14, 1978 regular meeting of the Board of Adjustment and Appeals were approved by a unanimous vote. There being no further business before the Board, Chairman Oliver declared the meeting adjourned at 11:15 P .M. Valerie Christy Recording Secretary • I • • ( • • • ,. • MINUTES COUNCIL MEETING DENVER REGIONAL COUNCIL OF GOVERNMENTS JULY 19, 1978 Present: William Thornton, Chairman Vesta H. Miller, Vice Chairman Harold T. Hodges, Secretary-Treasurer Roland Cole Harold V. Cook Paul Danish Doris Durdy Sam Harper Ruben Hartmeister Tim Lee Gary Lewman Maggi Markey Charles A. Pitts John Ruhnka Michael Schonberg Rodney Sheffer Norman A. Smith Arthur Tice Alfred Vitt Don Weber Carl Winkler Al so Present: Town of Bow Mar City of Arvada City of Northglenn Commerce City Denver, City & County City of Boulder City of Brighton City of Li ttleton City of Golden City of Lakewood City of Wheat Ridge Boulder County Arapahoe County Town of Black Hawk City of Thornton City of Westminster City of Broomfield Federal Heights Greenwood Village City of Englewood Douglas County Barbara Williamson, RTD; Thomas Q. Benson , DR COG Attorney; George Lane, The Denver Post; Gary Gerhardt, Rocky Mountain News; Partricia Thorsberg, Metro LWV; Bill Sievers, Citizens Advisory Committee; Robert D. Farley, Executive Director, DRCOG; Carol M. Langley, Executive Secretary, DRCOG; and various members of the DRCOG staff. Chairman Thornton called the meeting to order at 7:40p.m. Roll was ca lied and a quorum declared present. • I • • / COUNCIL MINUTES JULY 19, 1978 Page two Minutes of June 28 , 19 78 • • - Com mittee on motion by Mr. Smith, supported by Mr. Sheffer, unanimously adopted the minutes of the June 28, 1978 meeting as mailed. Summary of the Executive Committee Meeting held July 5, 1978 Council reviewed the summary of the meeting as mailed. Report of the Chairman Chairman Thornton reported that Vesta Miller has been appointee by the National Association of Regional Councils as Vice Chairman of their Environmental and Natural Resources Policy Committee. It was noted that Councilwoman Mary DiLorenzo was recuperating at St. Joseph's Hospital in Denver and those wishing to send get well messages were encouraged to do so. Report of Committees Citizens Advisory Committee Mr. Farley distributed four resolutions from the committee concerning items to be taken up later in this agenda and welcomed Mr. William Sievers, Vice Chairman of the CAC. Program Committee Mrs. Miller, Chairman of the Program Committee, noted that actions taken by the committee would be noted individually with items to be discussed later in this agenda. Results of the Mail Ballot on the Regional Housing Opportunity Plan Chairman Thornton stated that the Plan was adopted effective July 19, 1978, through adoption of Resolution No. 16, 1978, A Resolution Adopting a Regional Housing Oppottunit Plan and Recommendin the Plan's A roval b Local Governments. (A signed copy of Resolution No. 16, 1978 is attached to and made a part of the file copy of these minutes). Results of the Mail Ballot as of this date were: 32 returned with 22 yes, 8 no, and 2 abstentions cast. • I • • - ( • • • • .. - COUNCIL MIN UTES JULY 19, 1978 Page three Annual Assessment of Growth and Development Mrs. Miller, Program Com mittee Chairman, noted that the Program Committee discussed this information in detail and on July 5, 1978, unanimously recommended Council adoption of the Resolution . Mr. Howell explained that DRCOG 's policy for allocation of the regional population fore cas t to subareas of the Denver region provides for an annual evaluation of the current population forecast and allocation policies of DRCOG. He noted that the annual evaluation finds and concludes that the allocation of the regio na l population forecast t o subareas of the Denver region should be revised on the basis of the new 1990 forecast staging, and new and revised local growth area projections, and more precisely defined future service areas. The regio nal population forecast to subareas of the Denver region is amended to revise the definition of future service areas as shown on a map distributed and to revise the regio nal subarea population allocations as c ontained in a list and table attached to the res o lutio n. Council on mo tion by Mrs. Miller, supported by Mr. Lewman, unanimously adopted Resolution No . 17, 1978, A Resolution Amending the Policy for Allocation of the Regi o nal Population Fore c asts to Subareas of the Denver Region. (A signed copy of Resolution No. 17, 1978 is attached to a nd made a part of the file copy of these minutes ). Transportation Systems Management Element Mr. Scheuernstuhl explained that the TSM ele ment has been pre pared by DRCOG in cooperation w i t h the Colorado Department of Highways, the Regional Tra ns portation District and the Co lorado Air Pollution Control Comm issio n and has been thoroughly reviewed by the Tra nsportation Advisory Comm ittee and several other advisory committees. The TSM is forwarded to Council with the approval of the Transportation Committee and the Program Committee. Council on motion by Mrs . Miller, sup po rted by Mr. Lewman, unanimously adopted Resolution No. 18, 1978, A Resolution to Ad opt the Transportation Systems Management Element, June , 1978. (A signed copy o f Resolution No. 18, 1978 is attached to and made a part of the file copy of these minutes) . • I • • • - COUNCIL MINUTES JULY 19, 1978 Page four Elderly and Handicapped Transportation Element Mrs. Miller, Program Committee Chairman, noted that the committee on July 5, 1978, unanimously recommended Council adoption of the resolution. The resolution was to adopt the Elderly and Handicapped Element of the transportation program prepared by DRCOG in cooperation with the CDH, RTD and APCC and which has been reviewed thoroughly by the advisory committees and approved by the Transportation Committee. Council on motion by Mrs. Miller, supported by Mr. Hodges, unanimously adopted Resolution No. 19, 1978, A Resolution t o Adopt the Elderly and Handicapped Element, June, 19 78. (A signed copy of Resolution No. 19, 1978 is attached to and made a part of the file copy of these minutes). 1978 Region III Component of the State Criminal Justice Plan Mrs. Miller, Program Committee Chairman, noted that the committee on July 5, 1978, unanimously recommended Council adoption of the resolution. Mr. Shannon explained that each year as part of the planning process, the Criminal Justice Program holds meetings with representatives from a variety of agencies to ascertain what potential projects would address their needs or problems. A variety o f projects were submitted from agencies categorized by four functional areas of the system, including police, courts, adult corrections, and juvenile projects. Forty-two projects totaling $3,204,000 were received and priortized against an expected allocation of $ 1, 000,000 in LEAA funds. Council on motion by Mrs. Miller, supported by Mr. Lewman, unanimously adopted Resolution No. 20, 1978, A Resolution Submitting the Program Funding Portion of the 1979 Criminal Justice Plan to the Colorado Division of Criminal Justice Planning for Incorporation as the Non-Denver Region III Com ponent o f the Statewide Plan for Criminal Justice. (A signed copy of Resolution No. 20, 1978 is attached to and made a part of the file copy of these minutes). Revised 1978 DRCOG Budget Mr. Farley reported that on July 5th, both the Executive Committee and Program Committee reviewed the 1978 Revised Budget in detail and both committees unanimously recommended Council adoption of the resolution • • I • - ( • • - . COUNCil. MINUTES JULY 19, 1978 Page five He noted that estimated expenditures in the Revised 1978 Budget are $2,530,000, which is a decrease of SIB ,000 from the 1978 Adopted Budget. This decrease occurred due to reduced expense in some projez:ts, increases in other projects and the addition of seven unanticipated projects. Decreases are estimated for expenditures in Section 208 Clean Water, Minority Intern Program, GBF /DIME Update, Alcohol/Drug Abuse, Crimina 1 Justice Planning, Training and Regional Planning and Management. Comparisons between the Adopted and Revised 1978 Budgets are contained therein but three significant changes are shown as follows: Revised Augmenting Revenue is $1,901.250, an increase of $152,480; Revised Ending Fund Balance is $391,504, an increase of $252, 184; and Revised DRCOG Appropriation is $689,230, a decrease of $170,780. Revised Budget for 1978 reflects confirmed funding for most current, continued and new projects and provides the financial plan to carry out the programs of DRCOG in the second half of 1978. Council on motion by Mrs. Miller, supported by Mr. Smith, unanimously adopted Resolution No . 21, 1978, A Resolution Adopting the 1978 Revised Budget and Appropriating the Funds Therefor. (A signed copy of Resolution No. 21, 1978 is attached to and made a part of the file copy of these minutes). Parking Management Study Mr. Scheuernstuhl briefed the Council on the background of the Study, noting that the report was prepared by Cambridge Systematics, Inc. under contract to DRCOG with funding provided by the Federal Highway Administration. This report provides background information necessary in making policy decisions relating to the type of parking management policy to follow in the near to mid-term future for the Denver Metro Area. The Study also fulfills DRCOG responsibilities in responding to requirements of Article IV of the Air Pollution Control Commission's Regulation No.9. Council members were requested to approve transmittal of the Study to the Air Pollution Control Commission. Council on motion by Mrs. Miller, supported by Mr. Lee, unanimously approved transmittal of the Parking Management in the Denver Region study to the Air Pollution Control Commission in discharge of DR COG's Responsibility Under Regulation No. 9 • • I • • • • • - COUNCIL MINUTES JULY 19, 1978 Page six EPA EIS Resolution for Wastewater and on the 208 Clean Water Plan Mrs. Miller, Program Committee Chairman, stated that the committee on July 5, 1978, unanimously recommended Council adoption of the resolution objecting to the EIS prepared by EPA on the DRCOG Clean Water Plan and wastewater treatment facilities in the metro area. Nearly a year after it was adopted by DRCOG, the plan is still awaiting approva I by EPA. The resolution urged EPA to accept the DRCOG designation of management agencies; objected to EPA's imposition of wastewater facility grant conditions for purposes of achieving air quality standards and charged that these limitations by EPA are unwarranted intrusions into the responsibilities and authorities of local government. Council on motion by Mrs. Miller, supported by Mr. Lewman, moved fo r adoption of A Resolution Regarding the Final Denver Regional Environmental Impact Statement for Wastewater Facilities and the Clean Water Plan. Mrs. Markey, supported by Mr. Danish, moved to amend the Resolution by striking the 4th WHEREAS in the first page. The motion carried with two no votes. Mrs. Markey reiterated Boulder County's concern that it be designated as either a planning agency for 208 planning or a management agency. It was noted that Mrs. Markey's concerns really involve an official amendment to the 208 Clean Water Plan requesting that Boulder County be designated as a planning or management agency. Mr. Farley noted that any jurisdiction can request an amendment to the Plan during the month of July for the December Plan Amendment Cycle. Given the continuing 208 planning process, it is expected that within the next 12 months that DRCOG will be readdressing management agency designations. It was ·explained that the Plan Amendment Process would be the appropriate avenue to address Mrs. Markey's concerns. Mr. Danish, supported by Mrs. Markey, moved to amend the Resolution by rewording paragraph No. on Page two as follows: 1. Urges EPA to approve designation of~I:-EXISTING special districts as well as municipalities as provided in the DRCOG Clean Water Plan. se-t-ha-t-t.fle-aeHUy--of ~~e~esee~aftage~~~-te~fta~~afte~, g~-&fid-we'5-teW&teJ'o .faeHUy-~siGA& ~ ee~eMaoa.tee~ The motion carried unanimously. • I • - ( ( • • • - COUNCIL MINUTES JULY 19, 1978 Page seve n Question was then called on the main motion to adopt Resolution No. 22, 1978, A Resolution Regarding the Final Denver Re g ional Environmental Impact Statement for Wastewater FacilitiAs and the Clean Water Plan, as amended above. The motion carried unanimously. (A signed copy of Resolution No. 22, 1978 is attached to and made a part of the file copy of these minutes). Amendment of Various Transportation Documents Mr. Scheuernstuhl briefed Council on this item noting that it was really just a housekeeping action to officially amend three maps to designate State Highway 470, I-25 to I-70, as a Federal Air primary roadway. This change is to be reflected by; (1) designatio n of C-470 on the 1980 Functional Classification Map as an Other freeways and expressways, (2) designation of C-470 on the 1980 Connecting Links of Rural Arterial Highways Map as a Connecting Link of Rural Principal Arterial, and (3) designation of C-470 on the Federal Air Urban Systems and Boundary Map as an Urban Extension. Also it would add Mineral Avenue to the Federal Air Urban Systems Boundary Map, and to the 1980 Functional Classification Map as a Minor Arterial. The Program Committee unanimously re commended Council adoption of the resolution at its meeting this date. Council on motion by Mr. Pitts, su pported by Mr. Lee, unanimously adopted Resolution No. 23, 1978, A Res o lution to Amend Various Transportation Documents to Place C-470 on the Federal and Primary System and Define Minera 1 Avenue. (A signed copy of Resolution No. 23, 1978 is attached to and made a part of the file copy of these minutes.) Report of the Executive Director Mr. Farley, Executive Director, reported on the following: 1. DRCOG will accept proposed amendments to adopted regional plans throughout the remainder of July. These amendments would then be decided upon in December. Amendments to ado pted plans are accepted In January and July of each year. 2. The Air Qua lity Task Force and Policy Committee are meeting regularly and a number of Council members serve on those committees. Mrs. Miller who serves on the Task Force noted that the group is working with a September 1st deadline so its work must progress as quickly as possible . • I • • • - 0 0 I • • COUNCIL MINUTES JULY 19, 1978 Page eight • • - 3 . DRC OG is pursuing the question of mini-block grants for the Criminal Justice Program with the State of Colorado which would call for third party contracts for LEAA funds being channeled to local jurisdictions. Appr o val of our request should be clarified by the end of August. 4. A list of all DRCOG Advisory Committees was transmitted to Council with a request that members contact the staff for questions, changes, corrections, new appointments, etc. There are a number of jurisdictions that have not yet made appointments to the advisory committees for 1978 and they were encouraged to submit recommendations for appointments to the DRCOG Chairman as soon as possible so that their respective jurisdictions are properly represented at DR COG. 5. Eleven first-year minority students have been selected by DRCOG to participate in its Minority Intern Program beginning this fa 11 at the University of Colorado. Nine will be enrolled in the Graduate School of Public Affairs and two in the Graduate School of Urban Planning. Jurisdictions wishing information concerning placing these students in intern programs in their communities should contact Charles Shannon or Arniter Jamison for further information. 6. Small communities in the metro area who may be interested in participating in the next DRCOG Circuit Rider City Manager Program should express their interest to DRCOG, i.e. Chuck Shannon, within the next month. DRCOG currently has two circuit rider city managers who provide shared administrative services to eight communities. 7. Elain e Good has been hired by DRCOG as its new Ridesharing Coordinator to work on the carpool and vanpool programs. 8. Airport activities underway at DRCOG consist of two studies and a third to be examined in August by the Executive Committee. The Federal Aviation Administration has funded a $100,000 study to seek a site and develop a master plan for a general aviation facility in the southwest metro area. Jefferson, Arapahoe, Doug las and Denver have each supplied $2,500 in local matching funds for a $90,000 three-year FAA grant. DRCOG has received a $31,500 FAA grant to update the 1974 Regional Airport Systems Plan. In August, staff will submit t o the Executive Committee a study design and cost estimates for a proposed site location search for a ne w airfield to replace Stapleton International Airport. • I • • ( • COUNC IL MINUTES JULY 19, 1978 Pa ge nin e • • 9 . As was discussed with the Executive Committee on July 5th, continuation of the Alcohol and Drug Abuse Program at DRCOG hinges on whether the State will relent on its position that the program be split and only part remain at DRCOG. The Executive Committee has stated its position that the entire program should remain at DRCOG and if the State insists on reclaiming the monitoring and coordination function and leave DRCOG with just the planning function, a new contractual arrangement will be unacceptable. Negotiations are continuing between DRCOG and the Division of Alcohol and Drug Abuse so that the program can remain whole. If the State's position does not change, DRCOG is prepared to return the program to the State by August 1, 1978. 10. At the August Executive Committee and Council meetings , an explanation will be given concerning the staff reorganization which i s in process at DRCOG. Cale ndar of Po lic y Iss ues Council noted the pending i ssues and programs listed on the Calendar and Mr. Farley noted that o n fut ure agendas there will be discussion on the Transportation Plan Restatement, PEG operations, productivity studies underway, and the 19 78 DR COG Budget. Adjournment There being no further business, the meeting adjourned at 10:00 p.m. ATTEST: Robert D . Farley Executive Director William Th ornton, C hairman • I • • r • PRESENT: ABSENT: • • - MINUTES BO ARD OF CAR EER SE RV I CE COMMISSIO NERS July 20, 1 9 78 Judith Henning , Jo Ellen Turner , Robert Brundage , William Hanson , Ed ward \vhi te . None OTHERS PRESENT : Me l BeVirt , Hugh Brown , Jim Curnes , Richard Edison, Betty Goosman , Chief Robert Holmes, Josetta Canavate. ********** Co mmissioner Henning called the meeti n g to order and asked the Board if there were any additions or corrections to the May 25, 1978 minutes. Commissioner Turner moved and Commissioner Brundage seconded that the minutes of the May 25 , 1978 meeting be approved as dis tributed. AYE S : NAYS: Henning , Tu rner , Brundage , Hanson , White None ********** The next item on the agenda was the Employee Associations' Choice. Richard Edison stated that since the Deputy Chief position would be a part of the Bargaining Unit , he felt that the wage should be negotiabl e . After further discussion con c ernin g this subje~t, Co mmissi oner Ha ns o n mo ved tha t an opinion from the City Attorney be request e d to ascertain who has the authority t o determine the wage f or t he pos ition o f Deputy Fire Chief. The mo tion was seconded by Commi ss ione r Brund a ge. AYES: NAYS: Henning , Turner , Brundage , Hanson , White None ********** • I • • • • • .. Board of Career Service Commissioners Minutes Page 2 The next item on the agenda was the City Manager 's Choice. Jim Curnes was not present at the time , but stated later during the meeting that he had nothing to add . ********** The next item on the agenda was the Employee Relations Director's Choice . Mr . BeVirt stated that his first choice was with regard to Malcom Murray , who had verbally requested that his grievance regarding a merit increase which was not made retroactive , be heard by the Board . Mr . BeVirt contended that no such request had been rece i ved by the Employee Relations Department in writing and therefore req ues ted the Board 's decision as to whether Mr . Murray should be granted a hearing . Mr. BeVirt continued to explain the procedure concerning an employee 's dissatisfaction with the City Manager 's ruling on a gr ievan ce should be made in writing . Mr . BeVirt also made reference to the minutes of the February 16th meeting which stated in part that Mr . Murray had indicated to him that he was undecided as to whether or not to file a griev - ance with reference to his denial. After further discussion between the Board and Mr . BeVirt , it was agreed that no acti on be taken at this time until a formal written request to be heard by the Board was r eceived . Mr. BeVirt stated that his second choice was with regard to Josetta Canavate 's appeal of her suspension. Mr . BeVirt recommended that the Board's action be to review the records now to establish if a hearing would be warranted . It was mutually agreed , and Mr. BeVirt proceeded to present the following dates of events . On June 20th , a l et ter was sent to Ms. Canavate from the City Manager concurring with the recommended 5 -day suspension . On June 21s t , a notice was sent to Ms . Canavate from the Employee Relation s Department advising her of the 5-day appeal procedure . On June 23rd , Ms . Ca navate re ce ived her right of appeal letter. On June 29th , an appeal wa s received from Ms . Canavate. Mr . BeVirt pointed out that the Code provides that an e mployee has five working days from the date of mail ing of not ice from the Board to appeal . Mr . BeVirt ex plained that from the date of mailing (6/21), the 28th would be the fifth day . Mr . BeVirt continued to state that if you use the working days in Ms. Canavate •s case , it would include 22nd , 23rd, 25th , 26 th, and 27th , which meant that two days had elapsed. Mr. Be Virt stated , however, that Ms. Canavate received the notice on the 23 rd accordin g to the registered receipt, which would still be five working days . • I • • ( • • • - Board of Career Service Co mmissioners Minutes Page 3 Mr. BeVirt stated that in addition, Ms . Canavate had filed a second grievance alleging that due process had not been followed on her suspension, which was filed on July 19, 1978. Mr. BeVirt stated that the position of the department head and the City is that the first appeal was untimely filed and that the second grievance is not valid . Commissioner Henning asked when the letter advising Ms. Canavate of her right to appeal was actually received . Mr . BeVirt answered that the date of the letter was June 21 , 1978 and the secretary to the Board could testify to the actual date that the le tter was mailed. The secretary to the Board stated that the letter left the office on June 21 , 1978 . Commissioner Henn ing again asked if there was any evidence to establish the actual date that the letter was mailed. Ms . Canavate presented the envelope that had contained the appeal letter and it was marked by the City of Englewood on June 22 , 1978. Mr. BeVirt stated that he was not suggesting to the Board that this was a reasona bl e process and as a matter of fact , the City would like to air this particular grievance and would like to see it at a hearing . We should c omply with Code Provision and if we disagree with those, we should request the Council to take appropriate action to modify that provision . Commis sioner Henning contended that the Board must follow the Code . It was furhter stated that no matter which days were counted , Ms . Canavate 's appeal did not comply with the 5 -day stipu lation . Comm issioner Turner moved and Commissioner Hanson seconded that the appeal be denied because it was untimely filed . AYES: Henning , Turner, Brundage ,Hanson NAYS: White After some discussion interpreting "mailing date" and "date received", Co mmissioner Henning moved t hat a letter to City Council indicating a change from "mailing dat e " to "date of receipt" be recommended; White seconded. AY ES: NAY S : Henning, Turner, Brundage, Hanson 1-lhite None • I • • • Board of Career Serv ice Co mm~ss~o ners Minutes Page ~ • • .. Mr . BeVirt stated that another item c o nc e rning Canavate is that there was another grievance with regard to d ue pro c es s of the same sus - pension. Mr. BeVirt e xplained that t h e issue had already been summar ized earlier and the City 's p osition stated . Commissioner White asked when the se c ond grievance was filed. Mr. BeVirt suggested that Chi e f Holmes could give a more detailed account of events . Chief Holmes gave a brief summary of dates and events , including the actual suspensi o n . After some further dis - cussion, Mr . BeVirt reiterated that the appointing authority has the right to take action and that such action can take place before a hearing , acc ording to provision 5-3-13. Mr. BeVirt further explaine d t hat in Canavate's case, she had a review by the depart - ment head and the City Manager, however , the opportuni ty t o b e heard by Career Service wa s n ot timely filed. After a lengthy discussion , it was decided that there was no possi - bility that the grievanc e would have been heard by the Board before t h e action took place and Commissioner Henning suggested that a motion denying the grievance be made . Mr . BeVirt suggested that since the Board 's Attorney had walked in, that they b reak and meet with him. Commi ssioner Henning concurred . NOTE: After 10 minutes of deliberating , the Boa rd was called back into session by Co mmissi oner Henning . Commissioner Turner moved to rec onsider the motion of Canavate 's grievance hearing and Comm issioner White seconded. AYES: He nning , Turner , Brundage , Hanson , White NAYS: None Co mmi ss ione r Turner then moved to uphold the right of appeal upon t he rec ommendation of the Attorney; Commissioner White seconded . AYES: Henning, Turner, Brundage , Hanson, White NAYS: None Co mm is sioner Henning r e quested that a hearing date be established fo r Canavate . After d i s c ussion between the Board, the City, and Canavate, it was a g reed t o extend th e date o f the hearing beyond t he norma l 30-day limitation , and August lO th a t 7:00p.m . was mutually agreed upon. • I • ( ( • Board of Career Service Commis s ioners Minutes Page 5 • • .. Mr. BeVirt indicated that there was one more item to be discussed which was in regard to the Municipal Court reorganization. Judge Parkinson had request ed that the Board be add ressed this evening, but due to the number of items on the agenda, it is requested that the Board establish a meeting date to discuss the reorganizati on of Municipal Court . It was agreed that the Board , Mr. BeVirt and Judge Parkinson would meet on July 25th at 7:00p .m. ********** The next item on the agenda was the Commissioner's Choice, Commis- sioner Brundage requested to review the eligibility lists before the Board approved them . It was decided that the eligibility lists would be approved at the July 25th meeting. Commissioner White commented that some time ago there was a recommen- dation by the Board on standby time for the Streets or Water Depart- ment. He requested to see the minutes where the Board approved the standby time. NOTE : Commissioner Henning had to leave -Commissioner Turner continued the meeting as follows: Commissioner Turner suggested that a meeting with Phil Oliver on the Benchmark classification be scheduled in the near future because the last meeting was too brief , The Board members agreed that such a meeting was desirable. ********** The next item on the agenda was the approval of the eligibility lists. Commissioner Brundage moved to delay the approval until Tue sday, July 25 , 1978 at the scheduled mee ting for Municipal Co urt; Commissioner Hanson seconded, AYES: Turner , Brundage, Hanson, White NAYS: None ********** The next item on the agenda was the Declaration of Vacancies. Commissioner Turner stated that the Declaration of Vacancies included Wastewater Apprentice Operator (Wastewater), Jr. Account Clerk (Finance), Engineering Inspection Supervisor (Engineering), Mechanic (Public Works), Traffic Engineer (Public Works), and Police Officer (Police). Mr. BeVirt explained that there were four Police Officer vacancies with the Police Department instead of one. Commissioner White moved and Commissioner Hanson seconded to accept the Declaration of Vacancies. • I • • • • .. Board of Career Service Commissioners Minutes Page 6 AYES: Turner, Brundage, Hanson , White NAYS : None ********** The next item on the agenda was the approval of the Personnel Actions. Commissioner Turner commented that she had never noticed the temporary appointment to acting status actions, Mr . BeVirt pointed out that there were more than usual being approved at this meeting. Commissioner Brundage inquired about Canavate 's Personnel Action. Mr . BeVirt explained that either the Personnel Action cou l d be accepted as is and make all necessary adjustments or co rrecti ons later ; or a motion could be made to hold o ff on her Personnel Action until the hearin g was final. Commissioner White moved to hold off on Ca navate's Person nel Action until hearing is final and to approve the remaining Personnel Acti ons; Comm is sioner Brundage seconded, AYES : Turner, Brundage , Hanson , White NAYS: None ********** Mr . BeVirt stated that there was one more item with regard to t he promotional procedure with the Police Department po sitions. Chief Holmes stated that in order to get promot i ons under way for two vacant positions , the testing procedures needed the Board 's approval . Chief Holmes made the following recomme ndati ons for approval; That one Captain instead of two be on the oral board for Lieut enant and Sergeant positions; The oral board for Lieutenant be extended to seven instead of five; and that a psychologist be present on each oral board if possible. Commissioner White moved and Commissioner Hanson seconded to approve the recommendations of' Chief Holmes with regard to oral board, AYES: Turner, Brundage , Hanso n, White NAYS : None ********** • I • ( • Board of Caree r Service Comm i ss i o ner s Minutes Page 7 • • • Co mmi s sioner Turner ca led for a motion to adjourn. Commiss i oner Brundage moved and Commiss i o n er White seconded that the meeting be adjo urned. AYES: Turner, Brundage , Hanson, White NA YS : None PERSONNEL ACTI ONS NEW PROBATIONARY EMPLOYEESl Dady , Lester J . Cheuvront, James D. Hollister, Donald W. Houpt, Kenneth D. Love , Richard A. Salas, Kenneth Snyder, Cynthia A. Straight , Bonnie Mechanic's Helper 3-A , E ffective 6/26/78 Mechanic 's Helper 3-A , Effec tive 5/28/78 Maintenanceworker/Op erator Trainee , 2-A, Effective 7/16/78 Maintenanceworker 2-A, Ef fective 6/5/78 Assist ant Director of Co mmunity Development 11-A, Effective 6/1/78 Maintenanceworker 2-A, Effective 6/21/78 PBX Operator 1-A, Effective 6/22/78 Law Enforcement Aide 3-A, Effective 6/19/78 • I • - • Board of Career Se r v ic e Commissioners Mi n u tes Pa g e 8 • • - PROBATIONARY TO PERMANENT STATUS WITH INCREASE: Baresel, Da vid F. Brandsma, Gregory Carr, Wil l is E. Cummings , Ronald L. French , Robert L. Galasso, Kenneth w. Horner, Charles J. Houston , David B. Lawler, John Medlock, James Nelson, Sandra L. Pit t man, Gary Wardlaw, Arnold A. Whittaker, Gordon Zwibecker, Benjamin Water Plant Operator 6-E, Eff~ctive 6/1/78 Police Officer -3rd Cla s s Effective 6/6/78 Apprentice Plant Operator 5-C , Effective 8/1/78 Chief Mechanic 7-B , Effective 6/16/78 Maintenanceworker/Operator Traine e, 2-B, Effective 5/1/78 Police Officer -3rd Class Effective 6/9/78 Mechanic's Helper 3-B , Effective 6/16/78 Police Officer -3rd Class Effective 6/10/78 Animal Warden 3-B, Effective 5/16/78 Maintenanceworker 2-B, Effective 5/16/78 Junior Account Clerk 1-B, Effective 6/1/78 Chief Code Enfor c ement Officer 10-B, Effective 6/16/78 Police Officer -3rd Class Effective 6/9/78 Lab Technician 6-B, Effective 6/1/78 Inspector-Troubleshooter 2-B, Effective 7/1/78 • I • • ( ( • ,. Board of Career Service Co mmissioners Minutes Page 9 • • • PROBATIONARY TO PERMANENT STATUS WITHOUT INCREASE : Faubion, Wayne A. Stanley, Allan F. ANNIVERSARY INCREASES: Barton, Edwin Edison, Richard William Egri, George Kasson, Gary L. Laufert, Corinee Murray, Malcolm R. Phelps, Jerry Reynolds, Robert Upton , Charles Equipment Operator I Q-E , Effective 5/16/78 Lieutenant Effective 6/9/78 Maintenanceworker 2-C, Ef fective 8/1/78 Firefighter -1st Class Effective 7/3/78 Police Officer -1st Class Effective 6/1/78 Police Officer -2nd Class Effective 7/1/78 Library Aide 2-D, Effective 6/16/78 Building Inspector 7-D , Effective 5/1/78 Lab Technician 8-C, Effective Q/12/78 Custodian 1-C, Effective 5/1/78 Animal Control Officer 3-D, Effective 6/16/78 • I • • ...... • Board o f Care er Se r v ic e Co mmi ssioners Minutes Page 10 • • .. TEMPORARY APPOINTMENT TO ACTING STATUS: Fessenden , Alice French, Robert L. Helfer, Joseph C. Ho r ner , Cha r les J . Medlock, James Nelson , Sandra L . PROBATION EXTENSION; Shicora, Sheryl L. MATERNITY LEAVE: 0'Steen, Loretta RETURN FR OM MAT ERNITY LEAVE: O'Steen, Loretta Acting Assistant Director 11-A, Effective 5/2/78 Acting Apprentice Operator 5-A, Effective 5/16/78 Acting Sergeant Effective 6/9/78 Acting Mechanic 6-A, Effective 6/23/78 Acting Apprentice Operator 5-A , Effective 5/16/78 Acting Clerk Steno 2 -B, Effective 6 /1 /78 Po lice Officer -4th Class Effective 6/6/78 (Extended to 9/6/78 ) Se c retary 3-E, Effective 6/5/78 Secretary 3-E, Effective 7/l/78 RETURN FROM TEMPORARY AC TI NG STATUS TO PERMANENT STATUS: Fessenden, Alice Associate Housing Coordinator 8-c, Effective 6/1/78 • I • ( ( ( • • • • Board of Career Servic e :o mmissioners runutes Page ll TERMINATIONS : Akins , Wi ll iam Schuster , Robert LEAVE WIT HOUT PAY : DeLia , Th omas SUSPENSIONS : Canavate , Josetta Lawler, Francis J . RESIGNATIONS : Abalos, Clarita C. Hall, Robert House , F . Steven Meshefski, James R . Selby , Clifford Tucker, Michael Wilks , Kenneth Ope r ato r Train e e 2 -A, Effec tive 6/2 /7 8 Mechan ic 6 -c , Effec t ive 6/2/78 (Disability di s missal) Bookmobile Driver 3-B , Effec t ive 6/2 1 /78 Em erge ncy Communicator 4-D, Ef f e ctive 7/9/7 8 Police Off i cer -lst Class Effecti v e 7/5/78 Junior Accoun t Clerk 1-A, Effective 7/3/78 Captain Effective 6/30/78 Associate Planner 8-E , Effective 5/31/78 Mechanic 's Helper 3-A , Effective 6/23/78 Lieutenant Effective 7/3/78 Maintenanceworker 2-A, Effective 5/19/78 Police Officer -lst Class Effe c tive 5/31/78 • I • • • Board of Career Service Commiss1one r s Minutes Page 12 PR0~10TIONS : Boe tt ge r, Carolyne French , Robert L . Medlock , James Winstanle y, Arthur DEMOTION S: (Voluntary) Patron e, Patrice DECLARATION OF VACANCIES: • • • Co~rt Administrator 7-A , Effective 6/6/78 Apprentice Ope rat or 5-A , Effecti ve 7/16/78 Apprentice Ope rator 5-A, Effecti ve 7/16/78 A prentice Operator 5-A, Effecti ve 7/16/78 Intermed iate Clerk Typist 1 -A, Ef fective 6/16/78 1. Wastewater Apprenti ce Operator (Wastewater) 2 . Junior Account Clerk (Finance) 3 . Eng ineering Inspection Supervisor (Engineering) 4 . Mec hanic (Public Works) 5 . Servicenter Superintendent (Public Works ) 6 . Traffic Engineer (Public Works) 7 . Police Officer (Pol i ce) Respectfully Submitted , CJu11Jtcc 3h.Jt~~ CilOnita Hollins Recording Secretary Appro v ed, Judith B. Henning, Chairperson • I • • , ( • PRESENT : ABSENT: • • .. MINUTES BOARD OF CAR EER SERVICE COMM ISSIONE RS J uly 26, 1978 (Special Meeting) Judith Henni n g , Jo Ellen Turner, Ro b ert Brundage . William Hanson , Edward White OTHERS PRESENT : Mel BeV irt , Hugh Brown , Jim Curn es , Judge Park inson , Carolyn Boettger , Chief Gerald Beeson ********** Commissioner Henning called the special meeting to order . There were no minutes to approve . ********** The first item to be discussed was the reorganization of the Fire Department . Mel BeVirt explained that the City Attorney , upon his request , had written a memo to the effect that the Board did have the authority to establish a wa ge for the Deputy Chief p os ition, but that it also falls wit hin the co verage of t he Bargaining Unit . Mr . BeVirt continued to explain that there was no encumbent presently holdin g that capacity and t ha t it would be a newly created position . Mr . BeVirt passed out job descriptions of the Deputy Chief position and further explained that the salary of $1902/month was ba sed upon a salary survey of Aurora , Thornton and Lakewood , and also based upon the firefighter schedule. Chief Beeson recommended a reorganization of the Fire Depa rtme nt as follows: He stated that in the past there were four Batt alion Chiefs; three worked in fire suppression and one rotated in admin- istrative slots. He continued to explain that under the new reorganization he recommends five Battalion Chiefs ; three working in fire suppression with one in charge of each shift , one working with Fire Prevention -Fire Marshal, and one working in t he Training Division . • D I • • • • .. Board of Career Service Commissioners Minutes Pa ge Two Mr. BeVirt stated that as a result of the reorganization and changes in responsibilities, that a new Battalion Chief job desc ription needed approval by the Board. He pointed out that the Benchmark format was followed for both the Deputy Chief and Battalion Chief descriptions. Mr. BeVirt explained that supervisors and managers fall und er the Career Service Board System and at the same time included in the rank and file Bargaining Unit . Co mmissioner Henning asked if Chief Beeson concurred with the job descriptions that were presented to which Chief Beeson replied yes. Mr. BeVirt assured Commissioner Henning that the Deputy Chief position would shift over well with Benchmark . Aft er discussing the job description s and salary , Commissioner Henning called for a motion. Commissioner Brund a ge moved to establish the position o f Deputy Chief and a pprove the job description of Deputy Chief as submitted; Commissione r Turner seconded, AY ES : Henning, Turner , Brundage NAYS: None Commis sioner Turner then moved to declare a vacancy for the position of Deputy Chief and Commissioner Brundage seconded, AYES: Henning, Turner, Brundage NAYS: None After reviewing the Battalion Chief job description and recognizing the Battalion Chief position would be a rank below Deputy Chief, Commissioner Brundage moved and Commissioner Turner seconded to approve the job description of Battalion Chief and declare two vacancies for that position. AYES: Henning , Turner , Brundage NAYS: No ne •••••••••• The next item that was discussed was the establis hment of a hearing date for Mr . Malcolm Murray. Mr. BeVirt added that Mr. Murray had since resigned and wanted a hearing before his last working day. • I • • n ( ( ( • .. Board of Career Service Commissioners Minutes Page Three • • .. Mr. BeVirt explained to the Board that in February , 1978 an action to withhold a merit increase was processed . The increase was then approved in April , 1978 . Mr . Murray filed a grievance that he didn't receive retroactive pay for the three -month postponement . Mr. BeVirt stated that there was n ever any promises that Mr . Murray would re - ceive retroactive pay and that t he r e are no provisions or rules that pertain to retroactive merit increases in this case . Mr. BeVirt stated that there is a question as to whether the grievance is based upon the original deni al of his merit increase or the retro - activity to determine if the grievance was timely filed . Mr . BeVirt pointed out that if Mr . Murray was go i ng to grie v e , he should have done so when the merit increase was d e n ied in Fe b ruary , 1978 . Commissioner Brundage st i pulated that Mr . Murray had not earned the merit increase in February , 1978 and should not be granted retro- active pay to that date. Commissioner Henning stated that from her interpretation of the Code , merit increases were at the discretion of the appointing authority and are not automatic. Therefore, she didn 't see that the Board had any jurisdiction over the matter. Commissioner Turner moved to deny Mr . Mur r ay a he a ring on the basis that it was not timely filed; Brundage seconded. AYES: Henning , Turn er , Brundage NAYS: None ********** The next item to be discussed was Municipal Court employee reorgani - zation. Judge Parkinson stated that if an authority issue was re- solved it could possibly expedite the other matters to be discussed. Judge Parkinson stated that it was his interpretation of the minutes of last Career Service Board meeting that the Court Administrator had no standing to appear before the Board, and that all requests should come from the City Manager. Judge Parkinson went on to say that since the City Manager has no direct power over Municipal Court, then he should likewise have no direct power to approve or disapprove any actions requested by the Court. Commissioner Henning responded that the Board has never denied any employee to speak before the Board, and that Judge Parkinson's interpretation of the minutes was incorrect . Commissioner Henning added that classification issues are usually brought before the Board by the Department Head or operating through the Employee Relations Director . • 0 I • • • .. Board of Career Service Commissio ners Minutes Page Four • • .. Judge Parkinson contended that, as Court Administrator, Carolyn Botteger, was capable of addressing the Board . Mr. BeVirt clarified that Jim Curnes, City Manager , had questioned Carolyn Botteger if she she was representing the Court or the Employees ' Association. No implication was made that she had no right to address the Board . Mr. Curnes added that at the time, Ms . Botteger was not Court Administrator, but in a clerical position. Judge Parkinson stated that in addition, no action had been taken on his memo dated March 24 , 1978 concerning job descriptions for Municipal Court employees. It had been discussed that the descrip- tions could be included in Benchmark system in July, but due to the fact Benchmark can not go into operation prior to January, 1979, he was renewing his original request that the Board act upon the reorganization of Municipal Court . Judge Parkinson recommended that his memo of March 24 , 1978 be included in the minutes of this meeting, Commissioner Henning concurred . Judge Parkinson explained that he didn't feel it was necessary to test and establish eligibility lists because the Court has employees in the capacity of positions discussed that are quali - fied and that the testing procedures and qualifications didn't match the skills of these positions, After a lenghty discussion, Commissioner Henning summarized Judge Parkinson 's recommendations as follows: Court Administrator -new job description has been approved; it was a new position; it has been tested; and the vacancy filled. Chief Court Clerk -old job description of Municipal Court Clerk; grade 5 . Deputy Court Clerk -no job description; request new job descrip- tion at grade 3 to establish position, Violations Bureau Clerk -new job description approved; present encumbent (Clerk Typist) be hired in that position . Commissioner Henning insisted to Judge Parkinson that if a new position is established and a job description, that means that we will post, test, and hire, and there's not going to be any moving encumbents . • I • • ( ( • • • .. .. Board of Career Service Co mmissioners Minutes Page Five Commissioner Hennin called for a motion. Commissioner Brundage moved and Commlssioner Turner seconded that the Employee Relations Director prepare a job description and establish a grade leve l of the new position of Deputy Court Clerk under the current classif - cation system by August 17, 1978 at the next regular meeting. AYES: Henning, Turner , Brundage NAYS: None Commissioner Henning called for a separate motion on the Violations Bureau Clerk . Commissioner Turner moved that the Employee Relations Director prepare a job description by August 17 , 1978 for the new position of Violations Bureau Clerk and a grade level ; Commissioner Brundage seconded . AYES: Henning , Turner , Brundage NAYS : None Commissioner Brundage then moved that a clarification by City Attorney be requested on the definition of Municipal Court Clerk as contained in City Charter vs. the newly established position of Court Administrator as to the status of a possible conflict between the two positions, Commissioner Turner seconded that motion. AYES: Henning , Turner, Brundage NAYS: None Judge Parkinson closed with the following comments. He stated that the Employee Relations Director serves under the pleasure of the City Manager, and the Court's position is that recommendations are not what City Manager tells us o do. He also stated that the Employee Relations Director wears two hats; one as designee of the City Manager and one as an expert adviser to this Commission, Judge Parkinson inquired which hat does Mr. BeVirt actually wear during his function now? Mr . BeVirt responded that with reference to 5-2-7 of the City Code , that he is acting as an aide in giving assistance to the Board in the performance of their duties , • I • • r • • • •' • Board of Career Service Commissioners Minutes Page Six After further discussion, Commissioner Henning stated that as far as it applies to Career Service , classification of employees, setting grades , etc., the appointing authority for Municipal Court is the City Manager and until a challenge is made and a direction which would remove Municipal Court employees from Career Service System , there is no way the Career Service Board can operate in any other fashion. ********** The next item was the approval of the eligibility lists . Commissioner Brundage moved and Commissioner Turner seconded that the eligibility list for PBX Operator (Finance) be approved , AYES: Henning, Turner, Brundage NAYS: None Commissione r Turner moved and Commissioner Brundage seconded that the eligibility list for Assistant Director of Community De velopment be approved . AYES: Henning, Turner, Brundage NAY S : None Commiss ioner Brundage moved and Commissioner Turner seconded that the Intermed iate Clerk Typist (Municipal Court) eligibility list be postponed until August 17, 1978 due to ~eo~gan1zat1on of the Court, AYES: Henning, Turner , Brundage NAYS: None Commissioner Turner n1oved and Commissioner Brundage seconded that the eligibility list of Firefighter (Fire) be approved. AYES: Henning, Turner, Brundage NAYS: None Commissioner Brundage moved and Commissioner Turner seconded that the eligibility list of Law Enforcement Aide (Police) be approved. AYES: Henning, Turner, Brundage NAYS: None • I • ( • Board of Career Service ~u mmissione rs Minutes Page Seven • • • Co mm issioner Turner moved and Commissioner Brundage seconded that the eligibility li st of Court Administrator (Municipal Court) b e approved . AYES : Henning , Turner , Bru ndage NA YS ; None Co mm iss i on er Brundage moved and Commissioner Turner seconded tha the eligibility list of Maintenanceworker Operator/Trainee (Waste -water) be approved , AYES: Henning , Tu rner , Brundage NAYS: None Commissioner Tu rn er moved and Co mmi ssioner Brund age seconded that the eligibility list of Maintenanceworker (Utili ti es) be approved , AYES: Henning , Turner , Brundage NAYS: None Co mm issioner Brundage move d and Commissioner Turner seconded that the eligib ility li st of Appren tice Operator (Wastewater) be approved. AYE S : Henning, Turner , Brundage ********** Commissioner Henning called for a motion to adjourn , Commi ssi o ner Brundage moved and Commissioner Turner seconded that the meeting be adJourned . APPR OVAL OF ELIBILITY LISTS; 1 . PBX Operator (Finance) 2 . Assistant Director of Community De v elopment 3. Firefighter (Fire Department) 4. La w Enforcement Aide (Police) 5 . Cour Administrator (Municipal Court) 6 . Maintenanceworker Operator/Traine e (Wa stewater) 7. Maintenanceworker (Utilities) 8 . Apprentice Operator (Wastewater) • I • • • • • • Board of Career Service Commissioners Minutes Page Eight Approved: Respectfully Submitted , Chonita Hollins Recording Secretary Judith B. Henning, Chairperson • ·. I . ) ( • Members Present: Members Absent: Also present: • • - EMPLOYEES ' RETIREMENT BOARD MINUTES OF MEETING August 10, 1978 Neal, Ladewig, Smith, Kahm, Roberts Williams, Harrington Johann is son The meeting was called to order at 7:05 p.m. Johannisson asked for nominations for Chairman. Kay Roberts nomi- nated and John Neal seconded Earl Ladewig for Chairman. There were no other nominations . Mr. Ladewig received all of the votes and was declared Chairman. 0 Mr. Ladewig asked for nominations for Vice Chairman. Earl Ladewig nominated and Kay Roberts seconded John Neal for Vice Chairman. There were no other nominations. Mr. Neal received all of the votes and was declared Vice Chairman. The Board received the disability retirement application from Brooks Taylor. Don Smith expressed two concerns: 1. The Board should receive retirement applications prior to the meeting with a legal opinion attached. 2. Applications for disability retirement should include an evaluation from the City doctor. In discussion by the Board, the Board felt that adequate guidelines were not available to act on Mr. Taylor's application. Mr. Neal moved and Mr. Kahm seconded a motion to delay a decision on Brooks Taylor's disability retirement application until the next meeting and that the application be evaluated by the City doctor and the City Attorney. Ayes: Nays: Smith, Kahm, Roberts, Neal, Ladewig None Absent: Harrington, Williams The motion was declared passed. • I • • Employees' Retirement Board Minutes of Meeting • • .. August 10,1978 Page 2 Brooks Taylor was informed of the Board's decision. A short dis- cussion relating to the application followed. Kay Roberts stated that she would arrange for the City doctor to evaluate the application. Eric Johannisson stated that he would arrange for the City Attorney to provide a legal opinion on the application . * * * * * * The Board asked Mr. Johannisson to arrange a meeting with the City Attorney within the next two weeks to discuss disability retire- ments and terminations. First choice of meeting dates is August 23, 1978. Second choice is August 22, 1978. The preferred time is 4 :00 p .m. The Brooks Taylor application would also be considered at this meet ing . Don Smith asked that an agenda and packet be dis- tributed before the meeting. * * * * * * Don Smith moved and Kay Roberts seconded a motion to request Mr. Johannisson to employ a person as the recording secretary of the Employees' Retirement Board. Ayes : Smith , Roberts, Kahm, Neal, Ladewig Nays: None Absent: Harrington , Williams The motion carried. * * * * * * Don Smith moved that all applications for retirement, regular and disability, be accompanied by an opinion by the City Attorney, an evaluation by the City doctor (if applicable), and appropriate personnel records. John N~al seconded the motion. Ayes: Smith, Roberts, Kahm, Neal, Ladewig Nays: None Absent: Harrington, Williams The motion carried. * * * * * * • I • • n - ( • Employees' Retirement Board Minutes of Meeting August 10, 1978 • • - Page 3 John Neal expreosed the need for the Board to have ruleo and pro- cedure, by Which to operate . The meeting With City Attorney should get this program started . * * * * * * The Board was reminded that the second Thursday of each month at 7:00 p.m. has been established as the regular Retirement Board meeting date . * * * * * * The meeting was adjourned at 8 :20 p.m. cc: City Attorne y Bill James • I • • . · .. • • • ENGLEWOOD PARKS & RECREATION COMMISSION Minute s of August 11, 1978 The regular monthly meeting of the Engle wo od Parks & Recreation Commission was called to order by Chairman Jack Pool e a t 7:30p.m . in th e Parks & Recreation Office. Members prese nt: Poole, Alle n, Howard, Hewitt and Harper Members absent: Weber and Cu shi ng Also present: Gary Havener, Ass t. Dir. Parks & Recreation Richard Ta pply, Asst. Dir. Parks & Recreation Mr. & Mrs. M. M. ]one s, 5020 South Washington The June 8, 1978 minutes were approve d as mailed. The financial reports for months of May and june 1978 were distributed. Asst. Director Tapply reported that the bathhouse construction at Sincla ir Pool is progressing on s chedule . Before the landscaping is planted, the departme nt will check with the Arapahoe-Douglas County Voca tio nal School to see what assistance they may be able to give. The landscapi ng should be completed in th e fall or winter of 1978 and th e facility should be ready for use by th e time t he pool opens next s pring. Asst. Director Havener reported that the golf course architect, Dick Phel ps, is now designing the second nine holes of the golf course. The flow level of th e river is now being determined which is necessary before the plan can be completed concerning lake level and water sources. Fill dirt from the storm drainage and pavi ng district projects is now being stockpiled to use for fill at the golf course when needed. Sheridan has approved th e dumping of flya sh in the area. Mr. Richard Saunders has been awarded the contract to operate a concess ion operation at the golf course clubhouse and plans to s tart August 12. The city will ( receive 16% of the gross sales from the concessions. The original projection for number of rounds a t the golf course for 197 8 was • • ) I • • • Parks & Re creation Commis sion Mi nut es of August 11 , 1978 Page -2- • • • 26,000. As of July 31, 1978, 23,000 rounds have alr eady been played so the projection has been revised to 40 , 000 f or 1978. Asst. Director Tapply r eported tha t t he bid has bee n let for the acoustical tile installation in th e large meeti ng room at Malley Ce nter and this should be completed within four to six week s . He said there is some concern abou t the acoustics in some of the smaller rooms at the center also . He also reporte d that City Council awarded the contract to Monitor ll for the work to be done at Miller Building. Wo r k will begin next week and will try to have mo s t of it completed by September 9 when th e r ecrea tioo programs re s ume. Asst. Director Tapply informed the Comm i ssion that three key people at the swim pools have resigned this summer for var iou s reasons. He sa id it is very difficult to retain good people because of the way the jobs are classified with so many part-time positions and nothing full-time t ha t can be promised to those who are doing a good job. It is hoped that thi s probl em will be helped in the 1979 budget by chang- ing some of these part-time positions t o full -time. The Commission suggested that the 1979 budget submittals on part-time positions be re viewed at the ne xt meeting to see if th e r e is something they might recommend that would help the s ituation . Ass t. Direc tor Havener reported that the s torm drainage construction is pro- ceed ing at Bates-Logan Park as part of the 1973 Storm Drainage Project. He said this holding pond will be lowered by five fe et and normal park a ctivitie s will be r e - sumed after construction i s comple te which shou ld be th i s fall. The Department requested that thi s work be delayed until fall after th~ su mme r park use but since th e mone y was available th e E ngineering Departm e nt felt they had to proceed. Asst. Direc tor Tapply said that the department will be able to s tart some new programs and e xpand some existing ones with the use of Duncan School. He said • I • • - ( • Park s & Recreation Commis sion Mi nutes of Augus t 11 , 1978 Page -3 - • • • he would like to involve the neighborhood in the planning for use of the bu ild in g si nce he wants to make the programs r esponsive to needs of the area. I le also aid he plans to have the building open after school ho urs for a drop -in t ype activity fo r youngs ters in the area . Also, one room i n the build in g will be used as an outdoor recreation classroom. T he Ci ty Manager has requested designs fo r ou t side r e crea - tion facilities at Du ncan Buildin g incl uding picnic area, all -purpose c ourt, ope n play area and parking lot. Mr . Have ner said he has submitted a 1979 bud ge t request of $10, 000 to expand the pla ygrou nd at Duncan . Mr . Tapply said that $6, 000 has been transfe rred from o th e r programs in 1978 to cover the added expen se of Du ncan be - cause the De partment feels t he need is t here. Mr. and Mr s . Jones felt this plan for the use of th e building i s good but s till fe e l th ere is need for a park in thi s area of more than th e on e acr e a t Duncan. T he y said Duncan wa s designated as a park in 1968 but to da te there have been no im prove me nt s such as re s troom s in the are a. Mr. Hewitt reminded the m tha t several years ago th e depart ment recomme nded that tennis courts be bu ilt at Dun an but the neighbor s objected so much that Ci t y Council decided to put t he courts elsewhere in the cit y. Mr. Hewitt s uggested that t he Jones' get the s upport from others in the n ighborhood for the park. Asst. Director Tapply reported that t he City Ma na ger, several Commiss ion members and City Cou ncilmen have eaten at the Malley Ce nt er and feel th food is of good ins titut10nal qualit y . The 1979 proposed budget i ncl udes money to conduct our own food program at the Center. Th Proposed Building Use Fee for the Malley Recreation Center wa s presented to the Commission. Hewitt moved, Allen seconded, that thi s fee schedule be e nd orsed as prese nted and forwarded to the ity Ma na ger for approval. • I • • • Pa :rk s & Re creation Commission Minu tes of Augu s t 11 , 1978 Page -4 - • • • T he Six Quarte r Bu dget wa s disc u ssed . Be llevi e w Storm Dr ai nage St udy in t he amount of $1, 500 i s being comple ted . Sincl a ir Bat hhouse a nd Mi lle r Buildi ng r e no va t ion a r e be ing comp le te d . A s tud y i s now being do ne o n Ha nd ica pped play apparatus whic h w ill be fund e d i n 1979. The Parks & Recreatio n F i ve Ye ar Capita l improve me nt Pr o - g r a m a s pre se nted to the Plan ni ng Com m i ssion wa s r e vie we d. T he Co mmis s ion fe lt this should be r evi sed, decid i ng what i s priorit y, and pre sent i t at a future Commiss i o n mee ting for furthe r d i scussion. The s taff will foll ow -up with a s tu dy and recomme nda- tion to the Commis s io n. The decis ion fr om the Cit y Attor ney r egardi ng Comm i ssion me etings being he ld i n private res ide nc e s q uo te s Sec t ion 5 3, Ar t ic le VIII , lhlr ds a nd Commis s ion s , Ge ne ral Prov i s ions, which provides t hat "A ll regular mee tings s hall be open to th e public" so his vie w i s tha t i t would be i na ppro priate fo r a Public Commission to meet i n pri vate reside nce s . He furth er s ta tes t hat the Commiss io n s hould properly meet e ither i n mee t i ng room s pr ovided a t Cit y Hall or pr ovided by the Bo a rd o f Education of School Distric t l . Co ncerning the a lley o n t he ea t ide of Malley Ce nte r , t he owner ha s filed with t he City to va cate the a lley. Owne r ship g s to the bo r de ring ow ne r s a nd Mr . Oha ver has agreed to e ll hi s part o f t he alley and appraisals a r e now being o btained . At present , th e alley i open for u se by bo t h parties. A le tte r from Bruce Waldo, Dire ctor of Pa rks & Re cre ation, City of Aurora , asking fo r the Co mmi ssion's r eaction to a po ssible me tropolita n area mee ting of ad vi s ory Park s & Re cre ation Board s was rea d a nd disc ussed. The Commis sion ex- pres ed an i nte r e s t in the c onc e pt with po ss ible expanding the e ve ni ng works hqJ to a n aU-d a y or o ne -half day meeting . Mr. Waldo asked for s uggeste d topic s a nd/ar • I • • ( • Parks & Recreation Commission Minutes of Aug u s t 11, 1978 Page -5- • • • speakers but s ince time was limited this will be discussed furth e r with the staff. The Recre ation Counc il An nua l Dinner meeting will be held on Se ptember 28 at the E ngle wood High School Cafe te ria. Mr . Earl Reum will be the speaker. Asst. Director Have ne r r eport ed that the new bleachers for Belleview Park softball field were r eceived too late for this playing season but will be ins ta lled this fall. The repair of the scoreboard at Belleview is continuing. Th e meeting adjourned at 10:00 p.m. Ed it1 E. Romans, Retording Secretary • I . • • - Portion of Year to Date 58% -( DEPARTMENT OF FINANCE S F EXPENDITURES TO 1978 BUD GE T GENERAL FUND Through July 31, 1978 Last La s t Annual Current Yea r to Date % of Year Year Budget E>q;~enditures ExJ2enditures Budget to Date _%_ Legislation & Council: City Co uncil $ 98,574 $ 4,996 $ 77,9 57 79 $ 77.266 81 Board of Adjustment 3,351 239 1,573 47 1,638 so Career Service 3,154 451 3,359 106 1,158 30 Planning & Zoning 4,912 419 3,204 65 2 ,316 47 Library 3,112 191 1,916 62 890 26 City Attorney 151,818 10,557 87,193 22 64,850 63 Sub-Total $ 264,921 $ 16,853 $ 175,202 66 $ 148,118 69 Administration: City Hanager $ 15 4,975 $ 14.7.13 $ 94,094 61 $ 77,119 54 "Personnel 131,112 7,594 71,631 55 52,238 51 fr eas ury & Record 85,598 5 ,6 42 53,487 62 45,570 45 Muni c ipal Court 143,162 11,586 68,992 48 52,041 62 Ac cou nting 90,2 35 7,242 57 ,087 63 63,283 39 Data Processi ng 119,412 8,510 54,880 46 33,360 0 Re v en ue Division 122,526 9,954 70,660 58 64,219 57 Purchasing 199,549 17,087 126,300 63 129,172 70 Sub-Tota l $1,046,569 $ 82,328 $ 597 ,131 57 $ 517,002 58 Public Works: Administration $ 50,849 $ 5,020 $ 29,866 59 $ Senior Surrey 43,987 3,302 24,135 55 24,443 62 Engineering 194,413 17,236 67,891 35 112,739 57 Streets & Drng. 876,318 75,526 462,282 53 424 ,411 52 Traffic Reg. 259 ,0 22 16,387 153,396 59 155,651 63 Bldg. Maintenance 284,707 24 ,081 160,930 .22 163,226 59 Sub-Total $1 ,709,296 $ 141,552 $ 898,500 53 $ 880,470 56 I • Fire Administration : Suppression & Admin. $1,601,686 $ 127 .601 $ 939,646 59 ( Rescue Service 161,267 13,016 92,023 57 Jolunteer 33,533 68 1,644 ...2 Sub-Total $1,796,486 $ 140,685 $1,033,313 58 $ 957,131 60 • • • • • Expenditures to 1978 Budget General Fund Through July 31, 1978 ( Page 2 Last Last Annual Current Year to Date % of Year Year Budget Expenditures Expenditures Budget to Date _%_ Police: Police Dept . $1,975,950 $ 143,677 $1,097,812 56 $1,004,861 58 Communications 380,648 21,618 170,861 45 137,818 55 Animal Shelter 90,815 9,696 49,229 54 45,389 47 Sub-Total $2,447,413 $ 174,991 $1,317,902 54 $1,188,068 57 Community Development: Code Enforcement $ 166,366 $ 12,764 $ 91,100 55 $ 92,094 52 Housing & Redevel. 78,096 6,407 46,324 59 30,522 57 Planning 146,258 9,334 78,581 ~ 74,780 58 Sub-Total $ 390,720 $ 28,505 $ 216,005 55 $ 197,396 55 • Library: $ 329,756 $ 25,365 $ 169,254 51 $ 156,415 51 Parks & Recreation: Senior Recreation Center $ 90,000 $ 8,176 $ 49,758 55 $ Parks 734,664 76,581 446,144 61 407,670 64 OutJoo r Swim Pool 40,127 12,982 29,755 74 26 ,567 67 Indoor Swim Pool 67,037 8,952 42,800 64 34,490 54 Sports & Games 94,428 10,584 53,678 57 43,425 48 Cultural Activities 73,081 10,744 40,863 56 35,875 51 Playgrounds 41,221 14,577 23,843 58 25,5 79 64 Softball 23,880 5,722 12,614 53 12,401 52 Zoo 8,692 1,278 4,004 46 3,207 40 General Operations 115,257 8,112 56,768 49 56,808 45 Old Timers 28,213 6,957 19,760 J.Q 18,910 68 Sub-Total $1,316,600 $ 164,665 $ 779,987 59 $ 664,932 59 Total Expenditures: ~9,301,761 $ 774,944 ~5,187,294 ~ ~4,709,532 58 I • • = • • • - • - Porti on of Year to Dat e 58 % ( DEPARTMENT OF FINANCE REAL IZATION OF BUDGETED REVENUES GENERAL FUND Through July 31, 1978 % of Last Last Budgeted Current Year to Budget Year Year Revenues Month Date Coll ected to Date _%_ Taxes: Property Tax $ 865,696 $ 9,898 $ 649,930 75 $ 625,507 74 Specific Ownership 48,000 5,327 63,562 132 54,165 120 Sales Tax 5,60 7,057 585,871 3,615,938 64 3,147,202 62 Cigarette Tax 475,000 50,635 305,331 64 235,658 51 Franchise Tax 533,508 102,597 275,584 _g 3l1,103 _M Sub-Total $7,529,261 $ 754,328 $4,910,345 65 $4,373,63 5 63 Licenses & Permits: Building Licenses $ 75 ,000 $ 31,251 $ 67,649 90 $ 37,878 79 Bus i ness Licenses 65,000 2 ,345 44! 4ll 68 45,369 63 ) Non-Business Lie. 85 ( Sub -Total $ 140,000 $ 33,596 $ ll2,060 80 $ 83,332 69 Inter-Governmental Revenues: Federal Grants & Revenue Sharing $ 94,000 $ 7,514 $ 16,l10 17 $ 15,882 66 State Grants 2,723 State-Shared Revenue 286,000 22,045 231,331 81 223,283 81 Arapahoe Bridge & Road 80,410 1,201 __£ Sub-Total $ 460,410 $ 29,559 $ 247,441 54 $ 243,089 64 Charges for Services: General Government $ 329,128 $ 61+,465 $ 136,521 46 $ 126,869 42 Public Safety 6,200 294 2,909 47 4,332 58 Highway & Street 38,236 416 22,580 59 16,780 44 Animal Shelter 20,000 290 3,266 16 4,679 22 School District #1 10,000 Outdoor Swim Pool 15,493 6,372 6,372 41 8,041 55 I Indoor Swim Pool 26,245 3,212 14,842 57 18,003 70 • Sports & Games 36,675 2,893 19! 918 54 15,104 45 Cultural Activities 52,775 2,102 24,043 46 15,620 51 Playgrounds 1,500 710 1,389 93 1,139 137 Softball 24,600 969 15,525 63 15,183 75 Zoo 2,600 648 1,658 64 1,405 54 Old Timers 18,300 472 l1,864 65 15,861 96 Library Contract 34,000 5,907 22,386 M 14,962 43 Sub-Total $ 615,752 $ 88,750 $ 283,273 46 $ 257,978 46 • • • • • Realiza tion of Budg eted Revenues General Fund Through July 31, 1978 Pag e 2 ( % of Last Last Budg eted Current Year to Budget Year Year Rev enues Month Dat e Coll ected to Date _%_ Fines & Forfeitures: Court Fines $ 98,000 $ ll,409 $ 87,470 89 $ 68,601 81 Library Fines 8,900 722 6,440 72 5,599 22 Sub-Total $ 106,900 $ 12' 131 $ 93,910 88 $ 74,200 80 Miscellaneous: Joint Venture Tax Refunds $ $ $ $ 22,427 173 Interest 25,000 26,390 33,271 133 30,890 124 Rentals 324 460 Gain on Sale of Assets Landfill 105,000 Other 16,136 852 15,208 ......!l 10,452 21. ~~ Sub-Total $ 146,136 $ 27 ,24 2 $ 48,803 33 $ 64,229 111 I To tal Revenues: $8,998,459 * 945,606 $5,695,832 $5,096,463 I . ( • • • - • - Por tion of Yea r to Date 58 ( DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES PUBLIC IMPROVEMENT FUND Through July 31, 1978 % of Last Last Budgeted Current Year to Budget Yea r Yea r Revenues Month Date Collected to Date _%_ Taxes: Sales Tax $ 488,500 $ 50,657 $ 313,937 64 $ 264 ,876 63 Admissions Tax 25,000 788 11,155 45 7,337 ..!§_ Sub-Total $ 513,500 $ 51,445 $ 325,092 63 $ 272 ,213 59 Intergovernmental Revenue: Revenue Sharing I I & Federal Grant $ 655,000 $ (12,000) $ (12, 000) (2) $ 169,172 22 State Grant 94,000 -·ate-Shared Revenue Sub-Total $ 655,000 $ (12,000) $ (12,000) (2) $ 263,172 34 Miscellaneous: Interest $ 8,000 $ 15,733 $ 16,084 201 $ 17 ,93 4 179 Contributions 80,000 Other 57,355 22,350 ---12. {4,078) Sub-Total $ 145,355 $ 15,733 $ 38 ,434 26 $ 13,856 6 Total Revenues: ~1,313,855 ~ 55,178 ~ 351,526 27 ~ 549,241 38 I • • ( • • • • •' • Realization of Budgeted Revenues Public Improv e me nt Fund Through July 31, 1978 ( Page 2 Cumulative Exp end itures Project Balance Budget Current Mo nth to Date Available Storm Drainage: General $ 383,122 $ 100 $ 376,227 $ 6,895 North Central III 566,000 551,088 551,088 14,912 Little Dry Creek 400,000 400,000 Paving District /124 22,046 22,046 Paving District 1125 230,500 4,036 22 6 ,4 64 Dartmouth Improvements 26,000 26,000 Traffic Improvements 111,500 101,747 9,753 Zuni Stre et 50,000 50,000 Overlay Program 14,000 41 1 3 ,959 Lehow Av e . Bridge 14,875 14,875 Pa rks: Be l l e v i ew Storm Repair 41,500 1,500 40,000 Em er s on Mini Park 15,000 15,000 Ha nd ica pped Play Apparatus Si n c l ai r Bath House 131,855 109,725 118,975 12,880 River Rede velopment 3,018,375 2,713 3,002,115 16,260 Mille r Bldg -Renovation 40,000 40,000 Se n io r Ce nter 827,264 2,696 820,993 6,271 Lan d Ac qu i sition 100,000 100,000 Lib r a r y Ex pansion 19 4 ,000 6,367 194,000 Lan d Purcha se Ne ar Elderly Ho u si ng Site 22,500 22 ,500 ~6!2 0 81 5 3 7 $ 67 2 !689 ~5 1 230 1 2 68 $ 9781 269 I • • ( • • • - • • Portion of Year to Date ~ DEPARTMENT OF FINANCE ( REALIZATION OF BUDGETED REV ENU ES SEWER FU ND Through July 31, 1978 % of Last Last Budgeted Current Year to Budget Year Year Revenues Month Date Collected to Date _%_ Disposal Service: $ 765,000 $ 75,554 $ 489,624 64 $ 452,091 62 Other: Connection Fees-Inside $ 50,000 $ 6,004 $ 57,038 114 $ 29,591 148 Connection Fees-Outside 500,000 64,215 663,801 133 730,660 146 Interest 45,000 40,600 45,726 102 32,875 82 Re ntals Inspection Charges 1,960 and Sampling 7,000 585 6,441 92 6,583 94 Miscellaneous 10,000 2,135 4,802 48 6,481 _§2. Sub-Total $1,377,000 $ 189,093 $1,267,432 79 $ 808,150 140 Intergovernmental Revenue: 0 E.P.A. $ 205,109 City of Littleton 20,500 Sub-Total $ 225,609 Tot al Re v e nu es: ~1,602,609 ~ 189,093 ~1,267,432 79 ~1,260,241 97 EXPENDITURES TO 1978 BUDGET Last Last Annual Current Year to Date % of Year Year Budget Expenditures Expenditures Budget to Date _%_ Treatment: $ 246,109 $ 203 $ 89,697 36 $ 234,981 70 Sanitary System: 77,302 4,492. 32,091 42 35,353 57 I • • Administration & and General: 1,389,195 64,382 255,281 18 230,598 12 ( Total Expense: P 1712,606 $ 69,077 ~ 377,069 ,ll ~ 500,932 .ll • • • • • Portion of Year to Date 58 % DEPARTMENT OF FINANCE ( REALIZATION OF BUDGETED REVENUES WATER FU ND Through July 31 , 1978 % of Last Las t Bud ge t ed Current Year to Budget Year Year Rev enu e s Month Date Collected to Date _%_ Water Sales: $2,264,970 $ 267,218 $1,313,660 58 $ 887,622 58 Other: Connection Charges $ 50,000 $ 2,189 $ 61,268 123 $ 48,709 195 Rentals 8,500 510 2,214 26 5,930 70 Interest 326,000 204,733 311,417 96 5,374 54 Gain on Sale of Assets Sale of Water 200,000 3 ,246 24:l ,452 121 31,085 21 Miscellaneous 25,000 (1) 10,416 ~ 10,029 iQ_ Sub-Total $ 609,500 $ 21 0,677 $ 627,767 103 $ 101,127 46 Total Rev e nues: ~2 ,874,470 $ 477 ' 895 ~1,941,427 68 ~ 988,749 57 EXPENDITIJRES TO 1978 BUDGET Last Last Current Year to Date % of Year Year Expenditures Expenditures Budget to Date _%_ Source & Supply: $ 655,744 $ 7,212 $ 370,698 57 $ 129,659 173 Power & Pumping: 175,335 15,449 83,511 48 71,498 43 Purification: 1,145,981 14,120 453,090 40 109,191 26 Trans. & Dist.: 1,423,527 48 ,76 2 185,224 13 81,421 71 General: 826,621 151,940 378,302 46 312,006 12. I • Total Expense: ~4,2271208 $ 2371483 ~114701825 .ll $ 7031775 .ll • • - ( ( • • • • MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Taylor and Members of City Council Andy McCow n, Ci ty lanager August 16, 19 7 8 AGREEMENT BETWEEN A-1 DIVING COMPANY AND ARAPAHOE COUNTY Attached is a resolution passed by the Arapahoe County Commissioners authorizing A-1 Diving Company t o use the lake adjacent to Centennial Park for various diving activities. This lake is actually own ed by the County and is not part of the park-ownership of the City. Even though the lake is owned by the County, the Commissioners are requesting a letter of approval by the City signed by either the Mayor or the City Clerk. ph Attachment cc : Jimmy E. Curnes, Assis tant City Manager • I • • ( ( • • • • JCI Ct::RT tr-t lO Cti"'Y 01 O "tlo l ~ =....=-:1:---~=-· =:. --7---~::.-..=:--::...---~ .... I. \II H I· C"tiJ.HJ ! \IJtt r egula r Ara}Jf.lhoc 11 •n:.t "' Lltt)(.:ton, Colo::-.:H.Jo ,f,~· •·f July , ,\ )) Jfl 78, llti rt ''l f t 1 r.~.·ut: John J. lJlclloll, Pre sent Charles A. P1tts , Present Th oma s R. Eggert, Present Ronald S. Lo~~r. Pr cscnL JIHO'IIII4!11ft),,. , Chturm:.n, • CHIIIIIlJYIIIOI"t, C nntl ttt .. •umN . ,,,,,,, f<.csolut 1on •Jo. ?t..J-79 was noved b y CommlSSlon er J::q g ert c:t.nd duly St:c ondcd b:z• Connuss~oncr Pltts to adopt the fo lJo""'~n g R~s oJut1on: WHEREAS, Mr. J . D . Bakke, a representative of A-1 01v1ng Co., Inc., rcyucs t.cd thJ.s Hoard for pl.'rmlSSJ.On t o ut 1 11.ze a lake o wn ed by / Ara pahoe County and l ocated east o! Fcd~r al Blvd. and north of West 11 Un ion Ave nue for open water c rt1f1 ca Ll On for s cuba dlv~ng; an d , ' \.!U:.Rl:.AS. s.:ud l.;ke 1s SubJect to an Aqr cment fo r Develop - men t . !'1..J ln cn .. mcc .Jnu Lonv<.yancc of Real P r OlJCrty between th1s Board unci the Cl }' of Lnylc....,ood; and, h'!ll:.:f'Ll\5, th1s lJoard h.Js no ob Jc>Ctlon t o the reques t made on !Jl.!hal ! of A-1 UJVJnc; Co ., luc . .Jnd would qr.:1n t. pe rmJSSlon to A-1 D1v1n g co •• lnc. to utl_l.l.zc s,:ud lata~ for o;>L-n .... '.Jtcr c c rtlflcatlon for s cuba dJ.ving under cert.aln terms anU cond 1t 1on s. NOW, THEREFORE, BE IT RESOLVED a s follows: 1. A-1 Dlvin g Co., Inc . may ut1l1ze the l ake o wn ed by Ara p.:lhoe County located east of Fe d ral Bl v d . and north of West Union Avenue located in Arapahoe County, Colorado and d e scrl.bed a s follo ... •s: Ucglnn lng a a po int on the North line of the South one-ha l f of the Northeast Quarter of .. (.'CliOTI 8, Tn,..•n"ihll' 5 ~outh, R.trlQC 6R \u ·:-a of Llic: \. n l'rlnCl 1 t.d '~t·rHll..Jn Jn 1\rolj•ahn·· Count/. •.:o lor.Jdo , '188. -i i f t..>~t. l..us t of lth: NorUtw( st. ·or nc r or u1tJ . ouLh Jn~..·-11~1~ 1 , :.. h.:•ne~.. • 8'1°~8 ' 30 .. l..: J'Jl. J'l f·•ct; t.h cnc~J 50J 0 ...!)'.:S" ~: ~iJ.OO feet; t.hcncc ;;,7l 0 JO 'U"' t 6)].~..;. !ect; t.hcncl" SOQ 0 23'4 5"' W 6h8.78 f~et to a po1nt lbO fe~t Nortn of he> St corner o! the S\t:l/4 of the SLl/4 of tlu. r.-1:1 4 of sa1d SPc 1on 8; th\..'l:cc ~89°51'2 0" \i 1021.87 feet: thence ::19°3~'15" ~ 832.~3 feet; thence N40°0l'l~" E 4 92.09 to the po.lnl of Uc-q1nntnq, 0,:'1 \'t I ttl ( ttl.lii L\IH •, I ••t'''''' Ar.li.J~ L \~ !-:..lrJCrh P.Jl._ t """'' ( 'ltrl. .otttl • , .. ,unum ( -ll'TL. of lht" board nf t:.1un1' t vwt: ; .. ,.uu t''" 111 ~'''' fur tlw ( uuu1 _\ 'ttKI :-tl ot lr 1,r .. n~••l , du J,, tt },,. f'rt11h tl.llt tlu ADil('.JN and fun J:UIDJ: ( '".1' r t• •rul1 ~-"J•I•tl frow tht • Jt, rttn ll' of tla· J'IHoh-. i••·e• ,,f tht IL"o-d uf C~•mh C':.Jtum•MIIIIl•·l"' [nr Ltl ·l Ill·" Uo Ill\ I fl.tt ~"''"'11" "' L•ttJ~·o•, Cclor •. HJr. ,,,, ... .1-...:!/ • • \ I t 11• 7& I tf 'II I II""' I 'fl't'T• I • - • • • • Reso l utlon No. 760-78 J uly 18, 1978 !'age 2 and sul>ject to the follow1 n g condttl.Ons: A. A-1 D1v~ng Co., In c . shal l obt~~n wr~tt en perm1.ssion f rom the Cl t)' o( Englewood, said wr itten perm1.ssion to be executed by the to-layer and C1ty Clerk, to ut1l1ze the abov~ des cri b ed lake as ~rmltted by th1s Resolution, an d shall dcl1vcr written pcrmlSSJon to the County Attor- ney . B . A-1 Div1n g Co ., Inc. shall obta1n a Certi - f~cate of !nsurance from 1ts current 1nsuror, The Trident Gcncrul Insurance Compan~·, wh1_ch would Include The Board of County CommlS Sl oners of the County of Arapahoe as a named 1nsured under Pol>cy No. PK2 20 47, and shall del1ver sa1d Ccrtif1cate to the County Attorney. 2. Upo n del1very of the documents described ~n Paragraph 1, then A-1 Diving Co., Inc. may ut 1l1zc Lhc said lake no more than three (3) days pe r week for the expre ss purpose of conductlng open water ccrti!lCUtlon for sc uba d1v1 ng. Access to s ~1d l~ke shall be by wa y of the c>:tcnslon of \-.rest Tufts Avenue and one key shall b e 1ssued to A-1 01 v1ng Co., I nc. for purpose of open1ng the gate for access to the lake. 3. The pe rmission granted hereunder shall be S ub Jec t to term~nat~on, at the complete d iscret1on of this Board, by scndinq written not~ce b y first class ma11 to A-1 01v1ng Co., Inc., 4730 South L1pan, Englewood, Colorado 8011 0, and aa~d wr1tten not1ce s~all state the date that perm1ss~on under Lh1s Resolution shall be term~nated.. FURTHER llliSOLVED, that a c:ert1fled copy of th1s Resolutlon be ma~lcd to A-1 Divin g Co .• lnc., 4730 Sou h L1pan, F.nq lewood, Colorado 80110 . Upon roll call the vote wa s: Commi!:.Sl.Oncr Nicholl , Yes; Comm.lSS loncr Pitts, Yes; ConunlSS lOner ~:gqcrt, Yes. Tne Chinrm.:1n dccl.Jrc d the motlon carru~d .Jnd so ordered . • '· I • • - 0 City of Englewood FROM THE OFFICE OF THE MAYOR JAMES L. TAYLOR • • • I ----------·--------------------------------------------------------~------------------., CITY COUNCIL James l. Taylor , Mayor Vern Mann , Mayor Pro Tern David B. Clayton · At large Donald L.A. Smith · I Donald M. Weber· II Donald W Williams · Ill Donald W Harper· IV Board of Arapahoe County Commissioners 5334 South Prince Littleton, CO 80166 Gentlemen: 3400 So . Elati St. Englewood , Colorado 80110 Phone 303 · 761·1140 August 22, 1978 Please be informed that Englewood City Council, at our regular Council meeting of August 21, gave official approval of the agreement between A-1 Diving Company and Arapahoe County for use of the lake adjacent to Centennial Park for various diving activities by that company. We trust this letter of approval will be sufficien t. ~cerely, ;z:-~ ~.._- .. ~ ( / £./:-../~ /,r~~~-~~~----- { AMES L. TAYLO R WILLIAM • S Mayor ex officio City Clerk-Treasurer ph cc: J. D. Bakke, A-1 Diving Company • • i I • • • • • • ENGLEWOO D PUB LIC LIB RARY BOARD MINUT ES Au gus t 8, 197 8 The Englewood Public Library Board he ld its r egular meeting on August 8, 1978, in Conference Room A of City Hall . Present: Busch, Clayton, Lighthall , Mu e ll e r, and St e rling. Absent: Be aver , Bennett, Clough e sy , a nd Shattuc k . Also Present: Harriet Lute , Direc tor of Librar ie s Chairman Mueller called the meeting to order at 7 :5 5 p .m., and det e rmined that a quorum was pres e nt . Lo is Lighthall moved that the minutes of the July 5th Sp ec ial Me eting be approved as recorded ; seconded by Councilman Clayton; t h e mot ion carrie d . Miss Lute presented th e proposal of the Arapaho e Regional Library District to contract with the Engl e wood Public Library fo r t he c al e ndar y ear 1979. The contract specifies a payment of 55¢ per ite m loane d by En g l e wood to Arapahoe Regional r e sidents minus 55¢ for items loa ned by Arapahoe Regional to Englewood Residents . Englewood agrees to c ontinue Bo okmobil e servic e to Alice Terry School . Arapahoe Re gional a g ree s to suppo rt t he cost of th e audit of one month's circ ulation up to $50 0. After discussion Miss Lighthall mov e d that the Librar y Board re c ommend to the Council that th e contrac t propos e d by the Arapahoe Reg i o nal Library Distric t b e approved . Second e d by Lois Sterling a nd pa ssed unanimously . Discussion was he ld on an Op e n Hous e when th e Library ex pa ns i on i s compl e t e d . Th e dat e wa s s e t f o r Se pt e mber 24 from 2:00 p .m. un til 6:00 p .m. (Th e date was l ater c hanged to Oc t o b er 8, 1 97 8 , because of t he City Cou ncil bud get retrea t ). The Chairman a p pointed Lois Sterling as general Chairman and Lois Lighthall to assume responsib ility for the invitations . On motion of Councilman Clayton, seconded by Lois Lightha ll, the Board voted unanimously to presently allocate $200.00 for the expenses of the Open House . Miss Lute suggested that it might b·e ap propriate to print a brochure about the Library and its expanded services. Paul Busch agr eed to assist with the art work and layout. Miss Lute said that since only part of the brochure would be directly related to the Ope n House, pa r t of th e pr intin g costs should be assumed by the Library. A mo t ion by Lois Ster ling t hat the Board allow up to $300.00 for printing costs was seconded by Paul Bu sch and passed unanimously. There being no further business, the Chairman adjourned the meeting at 9:30 p.m. Harriet Lute, Secretary Pro Tern • I • • • • • RECOMMENDATION The Englewood Public Library Board voted unanimously at its regular meeting on August 8, 1978, to recommend that the City Council approve the proposed contract between the Library and the Arapahoe Regional Library District for the calendar year 1979 and authorize the Mayor to sign the contract . • I • • - • TO: FROM: DATE: • • .. • 6 8 City Manager~~~~n Richard S. ;~h, Director of Community Development August 14, 1978 SUBJECT: Belle Isle Gardens Annexation Petition The petition to annex the land owned by Thomas Plating Co., Inc. and CarlL. and Evelyn Y . Vaughn to the Ci ty of Englewood, has been. reviewed by the City Departments which would be responsible for providing service to the property. None of the Depar tment Heads have expressed oppos ition to the annexation, and all of the City's services can be extended to the property . This proper ty is located on the southwest corner o f West Tufts Avenue and South Windermere Street and the own ership and legal description is as follows : Lot 1, Belle Isle Gardens, Arapahoe County, Colorado OWned by Thom as Plating Co., Inc . 4695 Sout h Windermere Street, Englewood, Colorado Lo ts 2 and 3, Belle Isle Gardens, Arapahoe County, Co. OWned by Carl L. and Evelyn Y. Vaughn 1600 West Tufts Avenue Englewood, Colorado In reviewing the petition, this Department has determined that the property is in compliance with all of the statutory requirements for annexation to the City of Englewood, finding as follows: 1. More than one-six th (l/6) of the perimeter of the property which is he subject of t he petition is contiguous with the boundary of the City of Englewood. 2. Inasmuch as at least forty-four (44) percent of the boundary of the subJect property is contiguous with the City of Englewood , the land is considered to be of urban charact r, capable of being integrated with the City, and having a community o f interest vdth the City, 3. The City can extend services to the subject property. • • I • • City Manager McCown August 14, 1978 Page -2- • • • 4, The petitioners are the owners of one hundred percent (100%) of the property to be annexed, exclusive of public rights-of-way, and the a nnexation will not cause a division of property without the written consent of the owner, 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 thousand dollars . 6, The annexation will no t change the school district boundaries ---the property will remain in the Englewood School District, 7. The petitioners state that it is desirable and necessary that the property be annexed to the City of Englewood. 8, Proceedings are not underway to annex the subject property to another municipality, The peti tioners have been notified through Mr, James Norling, the person who holds an option to purchase the subject property, that right-of-way will have to be dedicated for the west ten (10) feet of South Windermere S tr eet, and for the south twenty (20) feet of West Tufts Avenue, It would be the staff recom- mendation that the right-of-way dedications be made a condition to the annexation, In anticipation of the City Council's favorable consideration of the annexation petition, a Public Hear ing has been scheduled before the City Planning and Zoning Commission on September 6, 1978 , to consider the zoning of the subject property, gw • I • • ...... ' • • • .. • 1600 W TUFTS PROPOSED ANNEXATION ' ' ... W. STANFORD ENGLEWOOD r------- 1 I I I I I I ARA HOE CQ TUFTS AVE !5 oR·rn,ll--+--+--+--1 ~ ENGLEWOOD AVE. Scale J"= 200' • I . • • • .. • 0 INTRODUCED AS A BILL BY COUNCILMAN SMITH. BY AUTHORITY ORDINANCE NO. 1 1 SERIES OF 1978. 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 PROJ ECT), 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 Agreement" 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 Associates, a Colorado Limited Partnership, for the purposes of providing access between Harvard Park Medical Plaza Associates' medical office building and Po rte r Memorial Hospital's facilities; and WHEREAS, the City of Englewood, Colo rado has assigned its rights under the above-described Mortgage and Security Agre ement to The Colorado Nat ional Bank of Denver, Denver, Colora do, as Trustee under a Trust Indenture dated February 1, 1978 and recorded in Book 152 0 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 Ordinance does hereby authorize the release of, and requests that The Colorado Nat ional Bank of Denver, as Trustee, release and subordinate a part of • '! I • • • • .. the mortgage and security interests created by the above- described Mortgage and Security Agreement of February 1, 1978, covering a portion 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 Meridian, 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: Beginning 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 feet 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. 1978. Published as a Bill for an Ordinance on August 9, Read by Title and passed on final reading on the 21st day of August, 1978. -2 - • 0 I • • ....... • • • • .. 0 Published by Title, as Ordinance No. Series of 1978, on the 23rd day of August, 1978. MAYOR ATTEST: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of t he Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1978. ex officio City Clerk -Treasurer -3- • I • • . 6 • • • • 0 INTRODUCED AS A BILL BY COUNCILMAN SMITH. BY AUTHORITY ORDINANCE NO. , SERIES OF 1978. 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 Agreement " dated February 1, 1978 and recorded in Book 1620 at Page 55 in the Clerk and Recorder's Off ice, Arapahoe County, Colorado given by Porter Memorial Hosp ital, a Colorado not for profit corporation, as Mortgagor, to the City of Englewood, Colorado, a Municipality of the State of Co lorado, as Mortgagee, securing a $17,285,000.00 principal amount first mortgage note and any additional notes and parity obligat ion, 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 Associates, a Colorado Limited Partnership, for the purposes of providing access between Harvard Park Med ical Plaza Associates' medical office building and Porter Memorial Hospital's faciliti es; and WHEREAS, the City of Englewood, Colorndo has assigned its rights under the above-described Mortgage and Security Agreement to The Colorado National Bank of Denver, Denver, 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 Ordinance does hereby authorize the release of, and requests that The Colorado National Bank of Denver, as Trustee, release and subordinate a part of I • • • • the mortgage and security interests created by the above- described Mortgage and Security Agreement of February 1, 1978, covering a portion 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 Meridian, 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: Beginning 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 feet 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. 1978. Published as a Bill for an Ordinance on August 9, Read by Title and passed on final reading on the 21st day of August, 1978. -2- • '! I :I I • • ' • • • 0 Published by Title, as Ordinance No. Series of 1978, on the 23rd day of August, 1978. MAYOR ATTEST: ex offic i o Ci ty C l erk-Treasurer I, Will i am D. James, do hereby certify that the above and forego i ng is a true , accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Se ries of 1978. ex officio City Clerk-Treasurer -3- I • • • • • • INTRODUCED AS A BILL BY COUN CI LMA N A BI L L F OR AN ORDINANCE AUTH ORI ZING THE SALE OF A CERTA IN PARCEL OF REAL PROPERTY LOCATED WI THIN THE CITY OF GREENWOOD VILLAGE, COLORADO WHEREAS, the City of En g lewood owns a parcel of land within the City o f Greenwood Vill age consisting of a pprox i ma te l y 4.64 acres which p a rc e l i s roughly r ectangular in sha pe whi ch i s the loca tion o f three maj o r wa ter s to r a ge r e servoirs f or t h e City o f En glewo od; and WHEREAS, the City of Gre enwo od Village desires to purchase and the City of Englewood d e s i r e s to sell the South East e rly 265.02 feet by 8.5 f ee t of sa i d a r e a; and WHEREAS, the City of Engle wood finds that said area is not needed for the uses originally in tended and is no longer required by the City of Englewood; and WHEREAS, said s ale i s p ermitted under Section 72 of the City Charter. NOW, THEREFORE, BE IT ORDAIN ED BY THE CITY COUNCIL OF THE CITY OF.ENGLEWOOD, COLORADO , a s follows: Section 1. That the City of En g l e wood and the City of Greenwood Village shall "ente r into a c ontract for t h e sale and purchase of a certa i n parce l of land described as follows: That par t of the Southwest 1/4 of the No rthwest 1/4 , Section 14, Township 5 South , Ra ng e 68 West of the 6th Principal Meridian, Arapaho e County, Colorado , being more particularly descr ibed as follows: Commenc~ng at the Northwe s t corner of the South- ea s t 1/4, of the Northwe s t 1/4 of sai d Section 14, as recorded on the subdivision pl at of Greenwood Hig h lands Fil~ng No. 1 , as recorded i n Book 28 at Page 3 3, Arapahoe Count y Re c o r d s , said point in- d i cate d as (Place of Begi nn i ng) on sa i d plat; • I • • { • Section 2. • • • Thence S 00°01'47" W a l ong t he East lin of said Southwest 1 /4 of he Northwest l/4 of sa id Section 14 , an d alo n g the We st line of said Gree nw ood Hi ghlands Fili n g No. 1, 366.0 0 feet t o t he True Point of Be gi nn ing; lhence continui ng S 0 0°01'4 7" W alo ng said Eas li ne 265 .0 2 fe et; T hence N 89 °58'13" W, 8.50 feet; The nce N 00°0l '4 7 r E, 265.02 feet; Thence S 89°58 '13" E , 8.50 feet to th e True Point of Beginn ing, contai ning 2,252 square fe et or 0.051 7 acre s more or less. That the consi derat ion for sa id parcel of the land shall be $.20 per square f oot for 2,252 square feet or a total consideration of $450.00 as shown by the appraisal report of Baughar and Associates, Members of the Amer i can Real Estate Appra i sers, (MAI) said report dated June 26, 1978 . Sa i d Ci t y of Englewood shall convey t he above described parcel of land by General Warranty Deed excepting , however, a ll easements and rights-of-way of record. Section 3. The City Council hereby aut horize s the Mayor to exe cute and the Director of Finance t o Att es all proper documents and ·the General Warranty Deed necessary to perfect T itle in the City of Greenwood Vi llage. IntroduceJ , r e ad in full and pa ssed on fi rst readi ng on the 41st day of 1/iiqu.sf , 1978. day o f A Published as u.gus+ a Bill for an Ord1nance on ·""(£~ ~MAYOR ATTEST: Clerk-Treasurer I, Will iam D . Jame s, do hereby ce rtify that the above and foregoing is a true, accurat e and complet e copy of the Bill -2-I • • • - • • for an Ordin a nce, in troduce d, r~a d i n full and passed on first reading on the &Jstday o f /f«J"Sf , 1978. I • • -3- • . ' • • • • INTRODU CED AS A BILL BY CO UNCILMAN C ia vfon / A BI LL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, LITTLETON, COLORADO AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACEMENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK. WHEREAS, the City of Englewood (Englewood), and the City of Littleton (Littleton), and the Urban Drainage and Flood Control District (District) are desirous of entering into an Agreement concerning the replacement of Lehow Bridge across Big Dry Creek; and WHEREAS, the District, in a policy statement p r ev i ously adopted, expressed an intent to assist public bodies which have heretofore enacted flood plain zoning measures; and WHEREAS, a drainage master plan entitled, "Major Drainageway Master Plan--Big Dry Creek," dated June 1975 has been'completed in cooperation with Englewood, Littleton, Greenwood Villa~e, Arapahoe County, and Douglas County; and WHEREAS, the District has adopted a Five Year Capital Improvement Program i n wh i ch the construction of bridge improve- ments at the Lehow Stree t c r oss i ng of Big Dry Creek is included in Calendar Year 1979; and WHEREAS, $166 ,500 o f F ede ral fu nds h a s become ava ilable for the project provided local fu nds f o r the p ro j ect c an be c ommitted i n 1978; a nd WH EREAS , Englewood and Littleton wish to proceed with the Colo rado DepartmP.nt of Highways with the final design and construction of a new bridge at Lehow Street across Big Dry Creek; and WHEREAS, the Board of Directors of the District has agreed to participate in the project. NOW, THEREFORE, BE IT ORDAI NED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as f o llo ws: Section 1. T h at the City of Englewood, Colorado, s ha ll e n ter into an Agreement with the Urban Drainage and Flood Control • Jl I I I :I :/ I ~ I I • - ( • • • C• 0 Distr 1ct and the Ci t y of Li ttleton, a c cor ding t o the provisions of t h a t ce rtain written i nstrume nt captioned "Agreeme nt", which is attached h e reto , consi sting of four (4) t ype wr i tten pages a n d i s h e reby incorpo rated he r ein by re ference. Sa i d instrume nt genera l ly p rovides a s f ollows: 1. That the Agreement is limited t o replacement of t h e Lehew Br i dge across Big Dry Creek i n Ar apahoe County. 2. That is is contingent upon the execution of the Sta te De partment of Highway's "Cont ract with Ci t y of Englewood". 3. That Engl e wood, Littleton and the District will share 26% of pro j ect cost s as s et forth in the attached Agreement, with the remain i ng 74% to be p a i d by the Federal Aid Fund through the Colorado State Department of Highways. The maximum costs shall not exceed $225,000 without an am e ndment to this Agreement . If the max i mum cost is e xce eded , any s u ch additional costs shall be shared by Littleton, Eng l ewood and t he District on the same basis as the ori ginal shares. 4. That after the p r oject has been completed, and Englewood has been billed per t he terms of the Agreement refer- red to in Paragraph 2 above, the District and Littleton shall r e mit ~heir shares of the project costs t o Englewood. 5. That Littleton and Englewood a r e i n agreement as to implementations of the flood p l a i n r eg ula tions f or their r e spective porti ons of B i g Dry Creek pr i or to the completion of the pro jec t . 6. The parties agree t hat Englewood and Littleton s ha ll own and ma i n t ain t he portion of the c o mple t ed f ac i l i ties located in En glewood and Littleton a s s et fort h i n the Agre ement attached herewith. It is further ag ree d that t h e Distr ict shall conduct inspection of the facility f r om time t o ti me and a dv i s e Englewood and Littleton if the facility is n o t being maintained in accordance with accepted engineering stand ards. The Di s t r ict may provide the required maintenance after written notice to Englewood and Littleton with costs of such maintenance bein g borne by Englewood and/or Littleton. Section 2. The City Council of the City of Englewood , Col orado , hereby authorizes the Mayor of the City of Englewo o d, Co l orado, to subscribe his name to said Agreemen t on and in behalf of the City Council and the City of Englewood , Colorado , and the Director of Finance, ex officio City Clerk-Treasure r attest the same. -2- 0 I ( • • • • v on the Introduced, rei}fl in fqll and passed on first reading &!sf day of liL<!JLI.S-t" , 1978. day of ~ublis~ed as a Bill for an Ordinance on the c£~~~ r; «qu.st:.. , 19 7 8. ATTEST: lerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Bill for an Ordinance, introduced read i~ull and;assed on first, reading on the &/sf day of ti.?Lf) U 5 , 1978. erk-Treasurer -3- • I . . / ( • • • AGREEMENT CONCERrllflG REPLAW1ENT OF LEHOW BR IDGE ACROSS BIG DRY CRE EK Agreelll!nt No. 78-5.1 THIS AGREEt'ENT, by and between t he URBAN ORAl NAG£ AND FLOOD CONTROL DISTRICT (herei nafU!r called "DISTRICT"), the CITY OF ENGLEWOOD (hereinafter ca 11 ed "ENGLEWOOD"), and the CITY OF LITTLETON (herei nafter ca 11 ed "LI TILETOtl"); WITNESSETH : WHEREAS, DISTRICT, in a policy statelll!nt previ ously adopted (Resolution No . 14, Series of 1970 ), e xpressed an Inten t to assist publ ic bod i es wh ich have heretofore enacte d flood plain zoning measu res ; and WHEREAS, a drainage master plan entitled, "Maj or Or ai na gew ay t\aster Plan- Big Dry Creek," by VTN, Consulting Engineers. dated June 1975 has been completed i n cooperation with Englewood, Littleton, Greenwood Village, A,.pahoe County, and Doug l as County; and WHEREAS, DISTRICT has adopted, subsequent to a public hearing , a Five- Yur CopiUl lmp rove~~ent Program (Resolution No. 38, Series of 1977) for drainage and n ood control facilities In which the construction of bridge imp rove- ments at the Lehew Street crossing of Big Dry Creek is Included in Calendar Year 1979; and WHEFEAS , S16G,500 of Fede ral funds has become available for the project under the Safer Off System Roads Program provided local funds for the project can be c01TIIlitU!d in lg7S; and WHEREAS, total project costs, Including design and construction, Is estlmBted to not exued SZ25,DOO, leaving l5C ,500 to be shared by District, Enl gewood, and Littleton; and ~'HEREAS, Englewood and littleton wish to proceed with the Colorado Department of Highways with the final desl2n and conrtruction of a new bridge at Lehew Strert •cross tlig Dry Creek; and WHrl!£AS, t he Board of Directors of DISTRICT has agreed to part icipate in the project by adoption of Resolution No. 1g, Series of 1978, dated April 21l. 1978; ...... ... I • • ( • • • • -2 - NOW , THE REFO RE, i n co nsideration of the mutual promises conta i ned herein, the Parties agree a s foll ow"' ,_ This agreement pe rta i ns to and is 1 imi ted to the replacement of the Lehow Bridge a c ross Big Dry Creek in Arapahoe Co unty . 2. This agre ement is cont i ngent upon the execution of the State Dep artment of Highway's "Cont ract with Ci ty of Englewoo d," which is made a part hereof by reference, the same as if attached hereto. 3. ~GLIWOOD, DISTRICT, and LITILETON will share i n 26 : of project costs with the rell'.aining 74% to be paid by the Fe deral Aid Fund through the Colorado State Department of Hi ghways. LITTLET ON, ENGLEWOO D and DISTRICT will share in the 26 % of project costs on the following basis: DIST RICT LmUTON ENGLEWOOD 50% 25 : 25: The 1Dtal project cost fs estimated to not exceed S225,000. On this tlllSis, "the liiiiXi"""' cos~ to parties of this agree,_t are as follows : DISTRICT UTIUTON INGLEIIOOD 50% 25: 25: S29 ,250 1.11,625 14 ,625 11le maxil!llm costs to each party as set forth above shall not be exceeded without amendment to this Agreement. If total costs do exceed $225,000, any such additional costs, if and as approved by DlSTRICT, ENGLEWOOD and LITTLETON, shall be shared on the same basis as the original shares . .II . DISTRICT and LITILETON shall rem1 t their shares of project costs s. 1Jl [UG LEWOOD a f ter the p roj ect has been completed, final quantities have been determi ned, and the State Department of Hi ghways has bfllell DffiliiiOOD, UTILETON, and DISTRICT per the terms of the Agrement T'l!ferrt!d to in Paragraph 2 above. LmLETON and ENGLEWOOD agree that -fl ood plain regulations are in existence or are under preparation and have been or will be adopted lind implemented prior to the completion of "the proj ect for their respecti..e port i ons of Bi g Dry Creek . ---------- I ~- r'· ~- ,· I ·~· . •••-I I • • - ( ( • ( • • • • -3 - 6 . MAINTENANCE. The Parties a gree that ENG LEWOOD shall own and mainta in the portion of the co"l'leted facilities located in ENGLEWOOD and that LITilfTON shall own and mai nta i n the po rtion of the col!l'leted facil ities located in liTTLETON . It shall be the responsibility of ENGLEWO OD and LITTLETON to : a) Keep the bridge free of excessive ve getati <Jn, silt, and debris so as to maintain i ts flood carrying capacity as des igned . b) Repair any erosion that might occur around the bridge piers , abutrre nts, and errbankments. c) Keep b ridge in good st ructur al repair for safety of pedestrians and 1111tor ists. DISTRICT shall inspect the fa cility from tiftle to time. If the facility is not ~ing m~inta ined in accorda nce with accepted engineering standards. DISTRICT shall so advi se ENG LEWOOD and LITT LETON. If necessary, after advising and discussi n g maintenance requirements with ENGLEWOOD and/or LITTl£TON. OJSTRJCT 1111y provide the required maintenance afler written notification tD the responsible agencies wi t h cost of such ..,intenance being borne by ENGLE- WOOD and/or l.lTilfTON. WHEREFORE, the Parties hereto have caused this instrument to be executed Q)' prnperly authorized signatures as of the date ond year above wr itten . (SEAl ) ATTEST: TilE URBAN DAAI NA GE AN D f lOO D CONTROL DISTRICT By. ________________________ ___ T i tle. _____ !"'x"'e"'c"'u"'t-'-iv'-"-e-"0-'-i ~re'"c"'t"'o_r ______ __ Date. __________________________ __ I • • - • • -4 -I c THE CITY OF ENGLEWOOD , COLORADO (SEAl) ~ ATIEST: ~ By . . . . Title ~· Date ~ ' ~ ·f.-t ~~; .~ .} •z- THE CITY OF LITTLETON , COLORADO :~ ' (S£AI.) ; .. , .. ATIEST : ""' ~· ~ By ~ ( t Title Da te ~ '.!< :• :• ' • ... ,. • ,. ,- • I • • ( - • • - • • • • CIa. v 1-oo INTRObUCED AS A BILL BY COUNCILMAN J A BILL FOR AN ORDI NANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE S TATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS CONCERNING THE USE OF FEDERAL FUNDS FOR THE CONSTRUCTION OF A DRAINAGE STRU CTURE AND APPROACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO. WHEREAS, the City of Englewood, Colorado and the State Department of Highways, Division of Highways are desirous of entering into a contract for the construction of a drainage structure and approaches on Lehow Avenue at Big Dry Creek. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood, Colorado shall enter into a Contract with the State Department of Highways, Division of Highways according to the provis i on of that certain written instrument captioned "Contract" which is attached hereto, consisting of twelve (12) typewritten pages and is hereby incorporated heiein by reference. Said instrument generally prov i des as fo l lows: 1. That the pro j ect i s for the c onstruction of a drainage str ucture and approaches on Le how Ave nue and Big Dr y Creek. 2 . That Federal-aid Funds for the project is limited to $16 6,5 0 0. 3. That the Local Agency (City of Englewood) has submitted initial design data to the State which has been approved. 4. That the City of Englewood has estimated total costs of the project to be $225,000 and is prepared to match said Federal-aid up to the amount of $58,500. 5. That the Local Agency and the State sh a ll be responsible for the supervision of the construction of the project with periodic inspections by the Federal Highway Administration (FHWA). • I • • • • • 'J " 6. That the Agreement is contingent upon all the funds designated for the project be made available from Federal and local sources. Should the sources, Federal or local, fail to provide the necessary funds as agreed, the contract may be terminated by either party. 7. That all work under this contract shall comply with Title VI of the Civil Rights Act 1964, as set forth in the non-discrimination provisions attached to said contract. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the Mayor of the City of Englewood, Colorado to subscribe his name to said Agreement and on behalf of the City Council of the City of Englewood, Colorado, and the Director of Finance, ex officio City Clerk-Treasurer shall attest the same. on the Introduced, reAd in full and passed on First Reading ~/sf-day of Hug usf , 1978. day of APublished as a Bill for an Ordinance on the ~ tw9usf , 1978. ATTEST: ex officio Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Bill for an Ordinance, introduced, xead in full and passed on first reading on the ~day of ffu!JU.Sf 1978. lerk-Treasurer -2- • I • - • SOS 001 0 (2 )--LEHOW AVE. AT BIG DRY CREEK AT THE ENGLEI>OOD- LlTTLETON BOUN DARY CO NTRACT • • • Dt:rARTNI:.KT OR AGENCY Nt/Mti£& 28 00 00 COI'f'Tll.ACT ROt.J11NG NVMIIU. "11115 Clll'l11tACT • .....s. lhe ___ cby of 197_ by :u>d ~ t1w Sble o1 CaloDdo for the ..e 2nd ~fit of TEE S TATE DEPM'P1ENT OF HIGHWAYS DIVISION OF HIGHWAYS ~rdftftfitoMdwSu~.aDII the CITY 01'' ENGI.t'\·:OOD . COJ.OR~OO ~"'fr:rndto.adtc Local A gency or as the c on tra ctor ~ WHEJI.£AS, authority e-.tisb iD the Law and FunW ha"WC b«n bud:e&al • .11pproprDted aDd odltrwifr nudt anibWt aa4 a su.ff"tcient utWDCWl'lbeTeci lnbncz tht~f n:auias anibbk: far p:J~y me at Ua Fund Numba2.Q..Q..!.__ C{L ""-at Numbo< 52046. Coomoct Ucumbnna: Numbo<~; ....r WHER£AS. mt..&red approval , dur.atJ.Ce ~ c:oonlilutio• bzl hfta xcompl~ fro111 uw1 •idl ,ppropriaiR ........ , ... WHEREAS. pursuant to Section 135 of the Federal -aid Highway Act of 1976 (Pub. L . 94-280), 2 3 U.S.C. Section 219, as amended , c ertain Federal funds have been allocated for the improvement of pcblic roads and streets which are no t on any Federal-aid highway system, such program being hereinafter referred to as the Safe~ Off-System Roaes P r o gr am (SOS P rog=arnl; and "'1iEREAS, pursuant to the e!oresaid laws and requlations , public roads and streets not on any Federal-aid hig~way system ("Off Syste~ ~s") are el~gible to be improved ~~cer the SOS Program at no cost to t.'le State; and WHEREAS, the Federal Highway ~~mL~istration (FHWA) bas issued guicel~es for implementation of the SOS Program in Volume 8, Chapter 2, Section 2 a£ the Federal ltighway Program Hanual (FH PM 8-2-2) whi~ encourages the ~axL~um use of simplified procedures as may be app:opriate for these type of projects; a~d 'NHEREAS, ~ accordance with the guidelines presented in FHPM 8-2-2 , the State and the FHWA have on August 8, 1977 approved the Safe= Off-System Ro ads Plan, herei~after referred to as the 50S ~lan, which is incorporated herein and mace a part here of by re- fere-:-:ce: and XHEREAS, in acco rdance with the procedures established in the SOS ?Jan, the Special Highway Co~ttee of Colorado Counties, Inc. and t:.e Colorado ~~~icipal League h~s selected a SOS Progr~~ pro)ect , ide::ti!ied as SOS 0010 (2) for.construction of a dra inage structure end approaches on Lehew Ave. at Big Dry Cr ek w1t~1~ the Loc41 Agency's juris- ~c~:on, hereina! er rc!crrcd to as the ?reject: an~ • •• · •. I :~ . ~ ., I • - • • • .. - WHEREAS, Federal-aid funds for this project are limited to $ 166,500 , o r the normal prorata share, whichever dollar amount is less: and WHEREAs, the .~3a l _~gen sY has submitted initial d~_data (D.O.H. Form 463-0S) to the State setting forth therein preliminary Cetails. i nformation and estimates of costs of this project. which data has been approved by the State; and WHEREAS, the matching ratio for this Federal-aid project is 74. DOt. Federal-aid funds_ to 26 .00\ Local Agency f_und~ it being under- stood ~~at such ratio applies only to such costs as are eligible for Federal participation, it being further understood that all non-participa~g costs are borne by the Local Ag~cy at 100\; and , '--" ) WHEREAS, the Local Ag en cy has ~~!_~ the total cost of said Ao·r". · I work to be $ 225,000 and is prepared to match said Federal-aid ;/! ~' ../' w i~ i ts share .in the amount of $ 58,500 as evi.denced by an ../' ,, I''. ;/1.~. 'a'pp~priate <!rdinance or resolution duly passed and adopted by the ,:.v~ .. '. I ' · ( 'uthorized representatives of the Local Agency, a copy of which is I..J. v · attached hereto and made a part hereof or by signature Of the proper Local Agency officials; and WHEREAs, said ordinance or resolution aJ.o establishes the auth- ority under which the Local Agency enter& into thi.s contract; and l'llil:Jl!:As, this contract is executed by the Sate cnder authority of Sections 43-1-102, 43-1-106, 43-2-101(4) (c) and -tJ-2-144, C.R..S. 1973, as a:oended; and ~. the parti es hereto desire to agree upon the division of responsibilities with regard to this SOS Prograna project; and WHE:EU:As, the Local Agency is adequ&tely staffed and suitably equi pped to undertake and satisfactorily complete, in the public i nterest, various port ions of the work; and WrlE~. the Local Agency has certified to the State that such work can be more advantageously performed by the Local Ager.cy, NOW, ~LRETORE , it is hereby agreed that: PROJECT PROVlSIONS 1. ~e State will P=ovi de liaison with the Local Ag ency through the State's Di s t rict Engi neer, D ~s t rict -6 , l o cated at 2000 South !lolly, Denver, Colorado l~. Sa i d -2- • I • • • • ,. • District Eng i nee r wil l also be respon sib le for coord Lnating the State's a ctivities under this contract. GEtlERAL PROVISIONS A . -the. State will administe r the sos Program in B. accordan ce with t he sos Plan and require from the Local Agency only necessary plans, speci- ficationa and estimates. Tbe ~e&l Aqen<:)' will arran~e for P!'elimill.U7 ep_j~~~ing, ~es i gn ae:vi~s and preparat_i an ~ £Dnst..plct.ion plans, special provisions and .uti- mates .in accordance wi tb !:he requirements of the sas Plan. C. Conatruct.ian plans will be prepared in accoz:dm>ce with the requirements of the State's p lan pre- paration procedure. D. '!'be Loc:al Agency w.l.ll comply lo'lth the applicable pro- vis>ons of the State'• Action Plan and SOS plan, in- clu~ng all Federal dLrect>ves contained therein by ref~rence, and wLll in addition ta~e appropriate actions relative to the following sections of the Federal-Al.d Highway Program Manual (FHPI'I): 1. FHPI'I, Volume 6, Chapter 7, Section 3, Procedures for ~~atement of Highway Traffic Noise and Construction Noise. 2. FHPH, Volume 7, Chapter 7, Section 4, Archaeological and Paleontolog>cal Salvage. -3- • I • • • • • ,. • 3. FHPM, Volume 7 , Chapt e r 7 , Section 9, Air Qu ality Guideline s. E. The Local Agen c y may enter into a con t r a ct with a c on- sultant to d o all o r any p o r tion o f the proposed pre- l iminary e n gineer i n g; prov ided , h owev e r , t hat when Federal-aid f und s provided herein are to pa rticipate in the cost of wo r k done by a con s u ltant, t h e c o ntr act shall comply with the requirements o f FI!PM, Vol ume 6, Chapter 1, Section 2, Subsection 2 , Engagement of Consultants f o r Engi neeri ng Servi ces. The cont r act wi th the consul t ant shall be preceded by an acceptable proposal and may not he executed or awarded until the selection o f the consultant and the t e rms o f the con- tract shall have been a p proved by the S t a te and the Federal Highway Administrati on (FHWA ). All c hanges i.n the contract shall be by supplemental agreemen-t and mus t have prior approval of the State and FHWA. Aa soon as the contract wi th the consultant has been awarded, 3 c ert ified copies o f the contract shall be aubmitted to tbe S tate. P. ~e ~~t -:_~ill r.view s _a..id. _?lans . s p ecial provi s i ons JIDd esu-t ... and "Uka only thDae c hanges necessary to ass ure compliance witb S tat e .and FHWA req u i re- menta. ~e State v 111 afford tbe Local Agency ample oppo rtunity to rev~ew the plans , special provisions and estimates, and said plans sba11 be considered final when approved and accepted by the partii!JI hereto. ~e State wi~ provide ~inal a5sembly of construction -plans . special provisions zm.d contract documents.. In the event a~l or part of the work is to be contracted. the State will advertise the call for bids, and upon concurrence by the Local Aqency award the construction contract(s) to the lowest responsible and gual i f i ed bidder(s). -4- • , I • • • • • G. The Loc,.!!_Agency will b~ re:iponsible for a cqui ring any additional r 1_9ht~~o f ·~u:; .r e ,luir~d for l he com- pletion of the ;:.rc.J eG t. 1ncluding any n cc.-·ssa ry tcmporar1 constructi ~n ~ase n~n ts and/or ~il r.P m~nts for detour du~in g con~truct i c.n . rr i o t to th i s ::::r o ject !::.~i:1g a d ·,e=t i~,...~ f r~r bic!s . the V:n:al Agen c y will cc rt1fy in ~ri i n~ t? t~~ ~t~~c th a t all r i ght of way has ~~~:1 a cq .1:ed i n a=co r·l~nce w ith t!11.t :1'=> a:::!d1 t l.cr-.a l r 1 ;h ~ "•f ·.-ay i .s r equ ! r e d. H. 7!1e S ~a te .::1 ~e res p~~s1 b :e ~o r ass uring th at !o r bids, ~~e :.O c 1.l :.:;e:1:y ·.r il l -;e r'ti!'y in o~r iti;-,q o C~a.!.r.ed . I • • • • • • • .. • ponsibilities for the proposed in- stallation. 4. Prescribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of the grade crossing. S. Establishing future repair and/or re- placement responsibilities i n the event of accidental destruction or damage to the installation. J. The State. or the Local Agency v i th approval from the State, will be responsible for the supervision of the construction of the project, with periodic inspections by the FKWA. Supervision shall include, but not be limited to, field and office engineering, inspection and materials testinq, and traffic control through the project area. L n.e Local Agency will provide and mark appropriate de- tours around the construction area to prevent any dis- tuzbances of the progress of the construction work due to traffic and also to protect the travelinq pllblic. L. "In the event that all or part of the work is to be accomplished by force account rather than contract as specified in paragraph F hereinabove, the Local Agency will insure that all work is accomplished in accordance with the pertinent state specifications a. well as "FHPM, Volume 6, Olapte.r -4, Section 1, subsection 14, Contract and Force Accoant . Work will normally be baBed upon es~~mated quantities and firm unit prices agreed to between the Local Agency, the State and the FHWA in advance of the work, as provided ~or in FHPM, Volume 6, Chapter 4, Section 1, subsection 6, para- graph l2b. Such agreed unit prices shall constitute a conm1tment as to the value of the work to be per- fo~d. It may be agreed to participate in the work -6- • I • • • • • • based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete t he wo rk. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with Federal Procurement Regulations Part l-15. Ren tal rates for publicly owned equip- ment will be the second shift rental rate per hour as established in the State's Construction Equipment Rental Rate Schedule dated July 1, 1977 or subsequent revisions thereof. All force account wo rk shall have prior approv al of the FHWA and shall not be initi ated until the State has issued a written notice to proceed. The Local Agency shall, during all phases o f the work, permit duly authorized aq~~ and e mployees of the State and the FHWA to inspect the project and to inspeet, review and audit the project records • .M. "rbe Local Agency aha.l..l maintain all book s, docwneflts, papers, accounting records and other evidence per- taining to costs incurred and to make such materials ava~able for i nspection at all reasonab le times during the contract per.ioa and for 3 years from the date of final payment to the Local Agency. Copi es of sucb records shall be f urn ished by the Local Ag ency if req uested. N. The LocAl Agency will maintai n a n d ope r ate the im- provements constructed under this contract, at i ts own cost and expense during their useful life, i n a manner satisfactory to the State and FHWA, and w1 ll Make ample provis~on for such ma~ntenance each year. Such maintenance and operations shall be in accordance with all A?pli cable statutes and ordinances , and regulat ions promu lgated thereunder, which define the Local Agencyis obligat~on to mainta in streets and street !ixturTs . The State and FHWA will make periodic inspections of,the • ,.· I • j.,f.. ·> ~. r : ' 'JI:.:-... "#:1 1':~ .. l't .~ ~ •• • .. . • • • - project; :to verify that -such ~ are .being Adequately maintained. o. ~ State will administer the Local Agency and Federal-all! .funds :for thi.Jo project .±D ~cordance with the following provisions~ .1. Costs incurred by the Loca.l l'.ge:m:y The Local Agency wil,!-__ pr~par~ and submit ~~~ly __ charqe~ for costs incurred re- lative to the project. The Local Agency will prepare project charges in ae- cordance with the State's standaxd policies and procedures. The State will reimburse the Local Agency for the Federal-aid share of the project charges fo1law~g the State's review and approval cL ~ charges. Charg~a inc~red by the Local Agency prior to the date of FRWA autbo%ization £or the project will not be charged to the project. 2. Costs incurred by the State The State wil.l prepare monthly estimates of construction costs and/or othex costs incurred .by the State for work performed relative to the project. The State will prepare said estimates in accordance with the State's standard policies and pro- cedures. As funds are espended during the course of the work, the State will bill the Lo cal Agency monthly f or the Local Agency share of such expenditures. Upon completion of the work to be per- formed under this contract and acreptance thereof by the State . Fl!WA, ani! -t:be Local Agency, the State wi11 subrni~ a final recapitulation of project costs to the Local Agen~ "and a final ll"illin-g for the -8- ,. ' • • • balan ce d u e of its share of partic1 p a t ing cos ts plus all n on-pa rticipating costs . Up o n r e c ei pt of each b i Ll from t he Sta te , the Lo c al Agency will rendt t o t h e S tate the amount as b illed. I n the e v e nt the Local Agency s hall f ail to make p ayments to the S t ate. a s agreed, i t h e reby auth- o r i z e s t he State Treasurer to withho ld t h e a mo unt o~ its outstanding ob lig at ion h ere un der from the allocati on due ~t f rom the Hi ghway Us ezs Tax Fund , as p r esc ri b e d in Se c tion 4 3-4-20 9, C.R .S. 19 73, as amen ded, f or any ci t y or inco r porated t own . Interim f unds, un til the Sta t e i s reimb ursed , shall b e p a yab l e from State Highway Supple- mentary Pund (2 001 ). All f unds expended by the State f o r the per fo rmance o f any work under this cont ract or rela t i v e to the ad- mini stration of this c ont ract s h al l be charged t o this proj ect. P. I t is understood and a greed by the p artie s hereto th a t the to tal cos t f the work s t a t ed h ereinbefore i s the best estimate avail abl e b ase d on the desi gn data a s approved a t the time of execution of this contract , and that such sum is subject to revisions agreeable to the parties prior to b id and award . The Local Agency has the option to accept or reject the p roposal of the low b idde r for work on which compet ~tiv e bids have been rece~ved. ~he Local Agency must declare the acceptance o r reje~tion at the award conference. If the bid i s rejected, costs incurred by the State i n project de- velopment may not be eligible for participation by the FHW A and must be rei~ursed to the State by the Local Agency in conform1ty with Section 43-2-116, C.R .S. 1973, as amended. Following award of the cons ruction contract(s) under paragraph F . above, no !urther re- -9- I ~I '( -~ ; I .. ... ... '. 1' ~- :'-·~ I• i I • • --• • • • v is ions i n design data or cost estimate sha11 be made exce pt by agreemen t in writing betveen the parties. By indicating its concurrence in such award at the award conference, the Local ~gency acting by or through its ~y autho r i zed representatives, agrees to provide additional funds if required to complete the work under this project if no add i tional Federal- aid funds will be made available for the p ro j ect:- The total amount of such additional required funds will be determined at the time o£ final b i lling Ul provided in paragraph N. above . Q. The parties hereto agree ~~at t his c on tract is con- tinqent upon all f unds des ign a ted for the p r oj ect herein being made ava i lab l e f rom Federal and Local Agency sources . Sh o u l d the se sou r c e s , e i ther Fede ral or Local Ag ency , f a i l to p r ovide necessary funds as agreed upon herein, t hi s c o n t ract ma y be terminated by either party. Any party termin ati ng its interest and obl i gations herein •ha11 oct be relieved oL any f~nancial obl i gations which exi sted prior to the ef f ective date of such termination or which DaY occur as a result of such termi nat i on . R. The term of this cont r act, exc e p t f or the p r o v i sio ns reg arding maintenance, shall c on t i nue th r o ugh t h e compl et i on and fin al a c ceptan ce of t he proj e ct by the S tate , FHW A and Local Agency . The covenants with regard to maintenance of L~e improvements c o n - structed under this contract shall remain in effect in perpetu~ty or until such t i me as the Local Agency is, by law or othe~i se , reliev ed of such responsi- bility_ S. Dur ing the per!o~ance of all work under this con- tract, the parties ~ereto agree to comply with T i tle Vl, of the Civil ~iqhts Act of 1964, the salient points of which are shown 1n t he ::o n- dlscr imination ~~ovisi ons attached hereto and ~a de a part hereof . -10- • ~ r:: '~, " ! P.S J ~. < a / ~ ' I • • (o i , ' I • • • • "T. ~e Speci>ol Provisions attached hereto are hereby made • part o£ this contract. 0-"This contract shall inure to the benefit of and be ~inding upon the parties, their successors. and assigns- n • • • • w _,_:" ~·= """"""· ~. ···'-'~ ... _ .... =-·' ... ·~ r -.,~ ... contract to be executed the day .ana year first above written. Chlel CleriC APPROVED: DM S. 1I!JliTTEIIJDliE State CcmtralJ.er ~----------------- 'l'.1t~e STATE OF COLOJU\DD RICHARD D. LN1M COVERNCDI STATE DEPARTJ!E:IIT OF BIGHWIL'"S JACK ltiNSn.DIGEJI EXECUTIVE DIREC'I'Dll DllOSION OF BIGIIWAD By =-~~~~------------E. N. HAA SE Chief En9ineer APPROVED: J. D. JIIACF ARI.JWE Attorney General By ------------------- Cl'JIY OF ENGLEIIOOD. COLORADO Title -12- • ~ ~~ 1 !I ~ ') ... ... ( If I' ~ ,, ~ ,, I I • I • f"V , • • ,. • November • 1977 Nondiscrimination Prov~sions: In comp l i ance with Title VI of t he Civil Rights Act of 196 4 and w ith Sect1on l62(a) o f the federa l Aid Highway Act of 1973, the Contractor, for ltscl f , its assignees and successors 1n 1nterest, agree as follows: A. Co~liance with Regulations. The Contractor wil l camp y Wlth the Regulatl ons of the Department o f Transportation r e lat i ve to nondiscrimi natlon in Federally-assiste d programs of the Department of Transportation (Title 4 9, Code of Federal Regula- tions, Part 21, herein after referred to as the wRegulationsw), wh ich are h erei n incorporated by reference and made a part of this contract. B. c. D. E. Nondiscrimination. The Contractor , with r ega rd to the work pe rformed by it after award and prior to completion of the contract work, w1ll n o t d is- criminate on the ground of race , col o r, sex , o r n ational origi n in the selection and r eten tion of S ubcontractors, i ncluding procurements o f materials and leases o f equipment. The Contractor ,.,.111 n o t participate ei ther directly or ind i rectly i n the discrimi nati o n prohib ited by Section 21.5 of the Regulations, including emp loyment practices wh e n the contract covers a program set forth in Appendix C of t.he Regulations. Solicitations for Subcontracts, Including Procure- ments of Mater ials and Eq uipment. In all solicita- tl ons either by competitive b idd ing o r neg otiation made by the Contractor for work to be performeC under a subcontrac t , including procurements of materials or equipment , each potential S ubcontractor or supplier shall be notified by the Contractor of the Contractors' obligat ions unde• this c ontract and the Regulations relative to nondiscrimination on t he ground of race, color, sex or national or i gin. Information and Repo rts. The Contractor will pro- Vl.de all ~nformat1on and reports required by the Regulations, or orders and ~nst ru c t 1on s issued pursuant the reto, and will pe r mi t access to its books , records , accounts, othe r sources of lnforma- tion , and its facilities as may be determined by th e Stat e or the Fffi~A to be pertinent to ascertain compliance with such Regulat1 ons , ord ers and l.n- s tructions . l.Yhere any ~nformat ion requ1 red of the Contractor i s i n the exclus~ve poss1ssion of another who fails or refuses to furnish this lnforrnfttlon, the Contractor shall so cert~fy to the State, or the F~'A as appropriate, and shall set for h wha efforts have been made to obtain th~ lnformation. Sanctions for Noncomtliance. In the event o! the Con tractor's noncoMp 1 a nce w~th the non-dlsCrl ~l natlon provis1ons of th1s contract , the State shall i~ ose such contract sanct1ons as i or the FHWA may deter- mine to be appropriate, 1ncluding, but not l 1~1t ed to: -------------------------------------------------------------------- ·• l'" ·l -1, ~ ~ i • .. ' ! f f I • • - - • • • • (l) Withholding of payments to the Co n- trac tor under the cont r~ct unt il the Con tracto r co~plies , and/or; (2) Cancellation , termina t ion o r sus- pen sion o f t he contract, 1n \,·hole or in p art. F. Incor poration of Provision s. 7he Contra cto r \o,:i ll i n cl ude the provis1ons of Pa ragraphs A through F i n eve ry subcontract, incl u din g procu r ements of ma terials and leases of equ1pment, unl ess exempt by the Re gulations , orders, or instr uctions i ssued pu rsuant there t o . The Contractor will take such action with re spe ct to any subcontract or procure- ment as the State or th e f'H\VA may d i rect a s a means of enforcing such provisions inc lud ing sanctions for noncompliance; provided , h o \oo.·eve r, that , in the event the Contrac to r becomes i nvolved in . o r is threatened with . lit iga ti on with a Sub contractor o r suppller as a result of such dlre c tion , the Cont rac tor may request the State to enter into such l1tigatio n o p r otect the interests o f the State and , in addition, the Contractor may req ue st the FH WA t o enter 1nto su ch litiga tio n to protet ct the inte r ests of the United S tates. -2- • / I • . r • • • • ,, .. "'., 4 ('01¥ SI'I·CI ~ L I'IW\'ISIONS CONTROLLER'S Al'l'kOV AL I . Thi' t•untr:tct ~h;~ll nul tw rll."ctm•d \;lhd until 11 ,1 ... 11 h:~n· hrtn arprmrd by thC' Controlle-r of tlwo Statt of Cnlurado 111 ~u~h :t\)i,t:~nt :1' ht.' may df''I):IUUr flu' pru••w•u '' .t\IPh•'.•hk tH Jtl\ cnntuct in•oh int!-thr r.a~ nu:nt of muM)' h )' thl' SUit'. FUND AVAILAIIILin' 2 Fin:tth·i:.l uhh ~lliton \ uf the St.olt !'·''""''' ,,(ht tlh' CUffl'l11 fNJI ~ra r arr co ntm~··nt "l'Hn fund\ for that puq"~O\r bdng ll(ljUupr i:n..-d . hud ~r t t'd ;aud ~o th,·r~~<-•' 11\Jtlr o~•Ji bblt I hi' ("UIIIr:u·t in•ul~l'\ tit~ jl<l\ 111<111 uf 11111f l ' th JII h'n thoou,:mJ dull:tr. f,,, tht CU11,101o !lull, r ~o•C • , rrpair. imt•ruH'm«:n t HI llll) hu•ldtu:,:. ru3d , ht1d ~~o.·. u .1d u,·1. tunnd. I'U.JI3tion ur "''"'' K' 1111orl.: for thi~ Stair , thl."' .oC"Iur \"hall. hdmr c-nl r nn ~ u pon thl' p<"r fo r nunct of lilt~ such"""'" uhh 10 rhi\ contr»eC duly nrrute and d r 111 :and fil r "1th tlw "fficaal ""hn .. r M~nr.tuu· appt•ar' h.-In" f tr Stai r a '-ood and !>urficltnt lt~~nd 111 he .Jf'fl ·ci '" 'l :tld ulf1~•-•l '" a rl'nJI .. um nut I('" than onr-h :t the tutal J muunt r:~,ahll· h .. nd .. hall h~-dul~ t \t'C'Ut\·d h\ 3 •1ualifi••d t' m :nr 'UTl'l\ r unditiun.·d fur thr dur 3nd f:Jithful t"·rlur m:mC'l ut tlh •n tr.o~~l Jlll.i 10 ,,dJtuun . 'h:all put\ that if the-cnntr•dur ur )u, .. u hcun tn~c to~ f:.lil tu duh· jl»~ l ur ,..,, bhur. m. MI NIM UM v.' AGE -1 . E\Ce pt a .. utht•r...,i -...·t''"'. h~ !.1 ..... II tht' cm llt:J·II''"'td'"''"' I dull.1n 01nd rrquirn tlf ''""'' It' t'llll'l"' "'''Ill .. tl.thun·•-, ur nu·c h . .ullt" '" lh• '"t <tOY huildil\f! •n nlht·r I' '-' "'uri.., h '\d t•t lu ~h ua •' lu)!h".t' hndl•'' undo•r p.t"•' J htlo!h"'"' .. tntduu.., nf all l..ind .. t ..... t hin tlh' .,r.lflllllJI liuuh ~~~th o: S!Jtl". ''"' J.:lh' of "•!!r (ol( .til bhUH'f' .md ,., , ... rmrltttt•d h\ thr ('fiOlr.ICIHf UJ · 'uh.ulllr.tC'IOI Hll tht' hu1hhll); tlf puhltt "uri.. \tt\f'ftd tn tht' •UOIJ:t('l \11.1 11 h ru·•.ti1m I' nf v.a 'C'' fur"'"'" uf a \tlllll.tr ttaiUJt' 111 thr , ... , ·''"""· ull.t~ ur mhrr n -it.ulldt\1.,..,11 h Sutc> 111 "hie w hmldtnj! ur ulht•r t•uhl.&e "'uri.. "luo.J t('d l>t •f'U1l"' '""flt.'('linJ:, ph't .tt ltn ~ rah"' ••11 hor u ... .u h c>d a .. yw ·101 ('t(c;; ~~~~ .t"-!1111t'fllird UISCROII:'\.4110!\ ''IJ \riiK\1"11\1 "'CTION ~ 'Ilk· cuntr.ctu r OfJtfrt--... t•• .umph "''" lht· l e n ~·• ,m1l 'I""' uf th(' C ulmJdn .\nhdt..cnmmatlon At'l uf ~~~­ »' amc-l'l6t·d aud lllhc>r -rpt ...... t*-b• h''Pf'l.t lttg dl\o.ttllllll.llt••n and u nf.ttr t mrl .. ,m.-nt rra~.t .... ·r, f:!:4 l+)OI , CRS 19"7'\. ~ ant('ftd.dl a .. d '" "''1'-'"<d"" I \rtuii'C' U.Jc>r l ttual Oppurtmul) and AffirT'fUti\C' "r '"'"· datrd April 16. }9 1~ fu1•uun1 /lurrlll tiff' }f•IJIJ~lnJ:('ffU/\fUfll \lui/1 ht f flll hJmf·J Ill u/f \tlllt' ('CJnlrolt h ur \ll h-1 IHtlriKIS. Hunn& tht' ~r1urn\IO("t uf th1', nllfi"X'I th,· t nntr~ hlf J pt't\ ~' full u v., til Titl' runt r.a hlf "' .. , nut d,..._..,,mlll"'l " »Pill) I .Ill\ e,.rf"\et nr ~pphcnt ftM rrnr!c1~ mt•nl ~a.w of rAt t ro-d lttlllf n:.hun.tl u n .,u ~\ m .. nt.tl ''"''U' rrhpun .IIK'"r,tf) l1li.'Oiilll ur ph\ "calh.md~o. "f'· ur agt n~o.• CtllllfAI"f ""'llJ tai.r 4ftlfltl .. ll\(' ikhUIIlfl 111,\IJC' lli.tt "f'rfat'~h aft' r mf"ut td, .111J that t'lllfliH\ed ..-r lrcah-d dunn; tnplu\n-·nt vttlhuul ''"1!"'"1111 thr .. t J~t\C' mt·nltotWtl r har..IC'Irn~hC') Such K'llttn 'hall incl udr. hut nHI ht lrmttrJ tu lilt ~ .. u .... uiJ. oiHr'••' nk 111 upj;t.tdiiiJ d.·mutwn m tr;m,fcr. n·• nutmcnl '" h '' Nlltut.nl •d•o•flt\I Oif' l.r• ufl, u1 h ,,,,m,lltnu' , .. 1(., uf I"" u r utlwr funn~ uf rumtlt ""-·'''"" :md -.clcC hllll fcof fJ,UIIIIIJ IIIC'huJtn~ :.rpH•flli•''llljl !Itt i'"IIIIJ•t••f 4C ft't'"-Ill I'"'' Ill \llll'J'II('UU\1 \ pl!lt't'' a\aiJ3hJC' 10 '""'t'lu\t.'\• Jud "'l't_.t • .rllb fur t.'tni'IHtttklll '"''"t'' tn 1-. t•fmtJ,tJ h) lht. '"ntr:lt'ltnl: uffi ct•r ...,,ll rng forth Jll<l\ l'tilll\ til lhl' IIUII dt...:'flllUIIJII•Ifl ,l.tu...t I~~ Titt t ltt11J~; ltH .,.iJI tn Jl! ~uht'tl..tlr••n' 111 .kt\t.fl l...,·ntt.•nh rllf C'm ftltl \t.""' pl..ro•d b\ 111 lilt hf:h.tlf nf tht t'Un tn~~tm ,t,1tt th .rt ..til 4u:s.hfio.d •pph~:.n h "ill r«tt'r t nr"'tkratton f•n ,·mrlut nwnt .,.,1l111UI tt'f!IJd to '"'Ct . l;'lo'\'d o.u!Ht n.rltnn..tl flllj:_lll ~of!\ triJIIIJI ~I .till\ rd1gwn 311n'o;t" mc-nlaJ ur rh\ ~ICld hil n dt<:.iljl. Ill Ofj:l! C'l Thr ~··mluC'I Hf "'" -...11d tu .._.,,It l.•bur unt uuur '"P'''"''Ill4lt\(' u f .... url..rn "'ith .,.Juch hr ha' c•Jirc:tt\1' h:up:am 111 ~ "i:'"'·m~.nt ur utltn , ""''"'' t "' u ndt'r-l.tndtng nolr<f' tu bt rrn\ldtd b) thr runtractin& offictr. adH!~olnJ: tht bbur Ulll••n ur "-"1~1',.. rqu~.~nl..tlut nf th e' cuntt•dor', cnmmtllrnt'nl urukr lht' E\I':C:UII\t O.drr l ttu:tl Oppnrtumh :md -\trum:atur 4-ruun datrd .. ~pril 16 1915. •nd o f th r Nln. n'f:ubtumc.. and rt lr•:.ut Ord t.'J\ uf thr Gm..-ntm 1-H Tht-'""'r:to•lnr 0111d lahut un\ltm .... ,u fumt .. h lfl mfurm:.trun and rtpor1 rrqu~rr d b\ E\tcuti't Ordtr. r~1 u.J Op11mtuntt\ and \(firrn.•lt,,• ''''''" ,,f \rnl lh lll~::o . :aud b\ thl' rul"' u:),'Uiat tun, and Ordt." uf tht: G"'tmur m puNJ•nt thth'lu .tud ,.111 t•t.:nmt a..'t''" ht lm ht1o~\ '' onh .nd acc-uunt ~ h\ thr con"acltnJ a)!t'Ul' .. nd th,-"ffirt' uf thr f.m.:nuu ur lu ' J~·~~"· r fur J'IU'f'ln\'' uf """"'tt~tutn tu .. ·.uttlln cnn1rlt•ncr .,.,,It \uch ruh·" rt.'~ulauurh and mJrn 4 -"I A l<~h "r urtflnt,;llwn ~ •" nut f\cludt an• 111dtt tdu.ll othtrv.i"l' qu.thfird fr om fullmrmht ~IIJ) ri&h ts an ~uch l:t~btJf urg•11tUtl 1un ur t\pd ant '"ch wJt~tdu:.l from m•·mht.•f"!lur 111 ~uch l..thur o r}!:an u atwn (U dt'>C"tinun•t•· •l!•llll~t an ) uf II\ mc:n•ht." 111 th t• full i'Ojtl\lllt>nt uf "''1ri. •~rr'•rtunttv . hn.ltt<oe uf r<tC't',t rnd , rotnr M'\ ""'11 '111.11 11ng1n. Of anor\lf'\ lbj A Ia hut of}!<~n u .1 1iun ur th. t.·mrlu'"e' '" rm•ml..-r-. lhi"rt.:uf "ill nul a•d aht·l runt I', onrnrd ur rno.•rct" thl' dum~ nf """ IKI d r fint.:d m tlti\ '"'''""" 1 tu 1"-· d,..,~nmmat uf\ m nlo ,truct ur tnc>tt·nl :ant I'"""" hum cnmphinJ "''" lhl• t ~rt""'""' of !Ill" lulll rat't u r :Ill\ •uJcr '""It'd l ht·r~·u mk·r 111 :Hh'IIIJll t'tlht•r dt h•oth nr tndtrt'l lh . 111 cnrnmal :Ill) .k:l ddini'IIHI t)u, cuulf.tt l It• be dt'>4"nm•nlll11f'\ r "}.'l' L of 2. r•an • ~-q ,.. ~ . 1 , -~ ! J i I ~ ' 'i ~ ~ .. . ~ ~ ~ t I 1 • \ t • COL • • • 17 t Itt '''" n•·nt ,,( du· tonlr.u ,,,,·, n••••·f ••u•t•l•o~•w.·o: ""''''' 111, lhlll-dt"'l nmin.atitlll d:.u"""'' nfchf;; c••ntnoc:t 01' "'•lh llll) uf "U I"h rul '" rq:ubho n\ m mJ"" t ill' r unu,.l mOl\ h..· l.t llC.-lh·d. h :nntn.drd nt' ""'~"ckd in .,.Ju..lr Of 111 11:111 and tl w ,·ontr..ciUr 111.1) b\. ,J ,-cl :u cd mcl•J!thl t• 111r lutthtr Sto~h' C'Unlrach rn :MYnr4»fW't' •Itt. pruct•durn. authurit~d 111 [\:«Uih~· Order. E4ual Opjtorlmury and Affirmat~·t Action of Arrillt. 197-5: Rill th~ ntlt'i, rq:ubtiun~. ur urdc r.,.. prumul~t t ..l 111 ac-r urd.mct thru"'tlh. and wch othf'r \.lnt'ltOf'\ ~ rn.ll)' br •mpo<o("d and n·n~di cs ll" tUI) l.~t unol.,·d a" ruuudcd in l:.'tcuthc OJdtr Ftlual Orrorturlll) and AffinnlltVf' Achun p( Arril 16, 1975 , ur by rulu. ''!i:"lati<HI~o., ur nrdf'r.r. rrumulpte-d tn atttH'Cbnct thtft'•l1h. mas othc,.....·t-.e prmidcd hy law. (!l) Tht runtr.tetur •ill includr the rnm~un ~ uf p)uv;,rhs 01 ttlmu,., HH lA f'H'I) w!H-ontrac1 •d !1-uh-c untnc tur ru rch:.w uut.:r u nl..·s' C'\tmptt'd by min, rl'gulatwM nr ordr" iuut'd pul"''i:&Unl In ["•t•ut~ Order. E'lu.J Orpurtmtit) :md Affirmalht Ar tton uf """' 16. 19iS. "'that ~h rru HPOM •in bt btndana urun 1·:.th 'uh-contiJ\hH ut H·ndm Tiu· .-untrxtur ..... ,n tal..t "uch acuon "'''h rr'fl«' to an' SU~t'flnttathn& m purcha-.t order a~ the nmlr:H·tule :t g..·nc\ ma' din.·ct .• , a n~uns of ,·n fo rr utf. \lith rnnnaon~. tnclud&nc sanc tion' f,., non·c••nlpli :ut~C'. I'"" ,J\·d . hov.l"'t"r tlut 111 thf' f'\C'Ilt thr cunlr.ICIUI hl"<-mnf'\ tn~ot~rd m or as thrl'ah.'lltd "'ith , l i t i~:lliun .,.,.,,h tht ,uhwntr.tetor or H'ndur lh a n·..uh nf -.urh dlft" hun b\ tht contrxtlnJ aw ·ncy. rh r nmtractN nl:t} rt''l ~·~·~r tht St :Ut' of (11lur;u.lu lu tntt r mlu ~e ll ht1pt•uu to prot«t fht rnttn:st of tht· S!att' u f C••Iuradu . 6 . Pr"'"'"'" ul 1\.J /-\H\ ,\. I " pu· ,.... hm :ur ..lfll'h,:.tdt" tu tl u .. cnnlrliC'I if Klhl ,. I .lit• .lh' II !HI• rto~l..,·u hl'lt'll!ldc-t' ,,nd .th' fm;~I\Ct'd Ill "'IHtl•• n r 111 :art \ GENERAL 7 , Tht l:tw~ uf lht' S1 :1lt' nl ('ulur;u1n ami rult•, and rq!.ul.t lmlh '""•·ci rur,u;aul l her!!IO ~hall ht' <l jJph l'd rn tM intrrprt'hiKtlt, t'\t'Cu hun :nul l'llfnHt'llll'nl ••! till' ,·.,ntr:act A.n~ ptu\1\lltll of thi~ contract \O+'ht-lhrr ttt not rnl'utpc~r..trd l~t·ft'lll h\ rdt'r ~m·c-v.lu('h Jlf n\IJ,., fur :.d•llr.tlltlll h} 0111)' l'\lf:I-JIIIIi,,ill hud) n r fl(',_..m ur "'h~h ii oiMr.,.N 111 cuunw:t "'ith .._,,J l.tv.~. rul•-~ ami II')!Ltl~llttll\ ... hall he.• 1 """d•·rt'd null .1nd •oid Nothin& cunlamrd m an) pru\1 ... UII mcu rrurat•d h ~t t'lll b~ rcf,·rl'll•• Y~!Ulh purpurh tu 1\t't:.l lt' tlli~ fll an~ nthet ~fk'C'I:al l""n'iun rn •-iwlr ur 111 11ar1 •hall l'lt.· '"lnJ ur t•ulnr.,altlt> "' a•:~ila h lt 111 Jll ~ ac tun1 al IJ" "''"'thtr h~ ""·~·of rumpl••nl . dt·frn .... · Ul u tht'r~tol .... Au• P'""'iun 1\'IHkii·J uull ·""' \Hid h\ th.· up.·r:.tiun ur 1111' (1111\lliun "'ill llltl 111\ahdAit' lht' rt"m.llllldt't uf 1111'-cuutrarl 111 tht' r\ll'lll that thl' {'tlll lr .tc l •~ t;~pa~lt' of t'H'C UI!Uil " lhl" "~natunl" .. lll'rt'ltl !l\t'l tl 1.tl tlw• ah·IJnuh.u "'tth II\-~ \0 1 t'l "''I tHut..r~ .1ml (unupl lnnuo'lll't'!<l\ and IM-~-401 tl '<tj .14.hl•~ ttf ~uhlit' OffJCrl ( R s lll"i \. ;a, :llllt'llded .. IIH.Ith.lllttt ,,,,,.,,.,11 nt 'IICh r''"'""'"'-lll> prewnc "' Thl· )IJnllllflt'~ :'\1'1 thJI to thnr l..llu"'l.·dt!•·. 11u ~1.11r t•mplttH't' ha .. an~ ,,..,,una! m hcnd•rtal utterf'~l •fut,t~trr rn tht• ""'"'" nr fl'"l"''''' de .... u~d hrrrm Pn"*t'on ·-- A11CJK'I \ l.l '' K \I Rt --- Ulr \Rl \1l:.NT OF • :·· t ... .. .... ·~ ; I • • ' l - • • • - 0 INTRODUCED AS A BILL BY COUNCILMAN~~~~t2--~--~---------- A BILL FOR AN ORDINANCE AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AND 22.8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 22.4-13 b.(l) of the Comprehensive Zoning Ordinance (Ordinance 126, Series 1963, as amended) is hereby amended to read as follows: 22.4-13 Section 2. I-1 Light Industrial District b. Permitted Principal Uses: · (1) Manufacturing, processing and/or fabrication: Insert in alphabetical order after, Metals, ingots, pigs, sheets, or bars, manufacture; the following: "METAL SHREDDING, AUTO SHREDDING AND SIMILAR OPERATIONS" That Section 22.4-14 b. (2) of said Comprehensive Zoning Ordinance is hereby amended to read as follows: 22.4-14 I-2 General Industrial District b. Permitted Principal Uses: (2) Manufacturing, processing, and/or fabrication: The Manufacturing, processing, and/or fabrication of any commodity, except the basic manufacture and processing of animal by-products or any organic type fertilizer: AND ANY METAL SHREDDING OR AUTO SHREDDING OPERATION, OR SIMILAR USE • • I • - • • • • Section 3. That Section 22.8 of said Comprehensive Zoning Ordinance is hereby amended by adding a new definition thereto as follows: 22.8 DEFINITIONS All words used in this Ordinance, except where specifically defined herein, shall carry their customary meanings when not inconsistent with the context. Words used in the present tense include the future tense; words used in the future tense include the present tense; and the plural includes the singular; the word "building" includes the word "structure"; the word "shall" is mandatory; the word "may" is permissive; "occupied" or "uses" shall be considered as though followed by the words, "or intended, arranged, or designed to be used or occupied". METAL SHREDDER. AUTO SHREDDER, AND SIMILAR SHREDDING OPERATIONS. THE PROCESS INVOLVING THE DESTRUCTION, DISINTEGRA- TION, OR TRANSFORMATION INTO RAW MATERIALS OF PREVIOUSLY MANU-· FACTURED METAL PRODUCTS OR METAL ITEMS WH HAVE BECOME WORN OUT, INOPERABLE AND USELESS SCRAP GOODS. H SIMILAR OPER- ATIONS SHALL BE THOSE THAT CREATE A PHYSICAL 'HAZARD TO PERSONS OR PROPERTY BEYOND THE PROPERTY LINE OF THE PREMISES IN QUESTION, BY THE EMISSION OF EXCESSIVE SOUND, VIBRATION, HEAT, GLARE, DUST AND FUMES OF A .DEGREE AND TYPE NORMALLY ASSOCIATED WITH AUTO SHREDDER OR SCRAP METAL SHREDDER OPERATIONS. on the Introduced, read~in ful~ and passed on first reading & I st day of nuqus 1-, 1978. day of A Publisped as a Bill for an Ordinance on the · o(JrPl -"just_ , 1978. ATTEST: I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Bill -2- • I • • • - • • 0 I I for an Ordinance, introduced, re:d in full and passed on first reading on the d./sf day of fj_uq11s+ , 1978. ~ifffh ex offici~lerk-Treasurer ( I • • -3- • • • • • • INTRODUCED AS A BILL BY COUNCILMAN ____ ~~~~nn~~i_i-~-h~--------- A BILL FOR AN ORDINANCE AMENDING SECTION 22.4-13 h., ENTITLED I-1 LIGHT INDUSTRIAL DISTRICT, CONDITIONAL USES, BY CORRECTING SUB-SECTION h. (1) (a) (2) (3) AND (5) BY INCLUDING OMITTED PHRASES IN THE ORIG- INAL PASSAGE OF ORDINANCE NO. 6, SERIES OF 1978. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sect i on 22.4-13 of the City Comprehens i ve Zon i ng Ordinance (Ord. 126, Seri es 1963, as amended) is hereby am e nded by adding omitted phrases i n sub-section "h" as follows: S22.4-13 h. I-1 L i ght I ndustrial District CONDITIONAL USES. Provided the publ i c interest is fully protected and the fol l owing uses are approved by the City City Plann i ng and Zoning Commission and City Counci l: (1) Uses (a) Automobile Wrecking Yards and Junk Yards (2) Any aut omobile wrecking yard o ~ junk yard approve d p u r suant TO the provisions o f th is Ordinance o r a ny e XIst i ng aut omob i le wreck- ing yard or junk ya rd expanded under the provisions of this Ordinance, s h all be set back no less than 150 feet from the boundary line of any residential or residential- professional zone district. (3) Any automobile wrecking yard or junk yard approved pursuant to the provisions OF THIS ORDINANCE , SHALL BE ENCLOSED on its perimeter wit.h a solid, non-transparant vertical wall or fence with a MINIMUM HEIGHT OF SIX (6) FEET AND A maximum • I 'I: t I • • • • .. • 0 of twelve (12) feet measured from ground level. Fences of woven wire or chainlink material shall be prohibi~ed. (5) Any automobile wrecking yard or junk yard whieh which is licensed by the City of Englewood on the effective date of this Ordinance shall be deemed to be an approved yard whether or not it has a minimum area of one acre, and such yard may be expanded onto abutting property provided that such expanded yard conforms to the requirements of this and any other applicable codes or ordinances. Introduced, r~ad in full and passed on First reading on the d./st day of HU~t.L-5f , 1978. A Published as a Bill for an Ordinance on the J8rdlday of _11111.5f , 1978. ATTEST: ex officio I, William D. James do hereby certify that the above and foregoing is a true, accurate and complete copy of the Bill for an Ordinance, introduced, ~e~d in full and passed on first reading on the 4/sfday of · f:iUJUSi , 1978. -2- • I • • - • • • • .. • P R 0 C L A M A T I 0 N WHEREAS, the citizens of Englewood, Colorado share with citizens the nation over, concern for the welfare of this Country's victims of neuromuscular disease; and WHEREAS, the Jerry Lewis Labor Day Telethon in 1977 topped all previous records with over $26,000,000 pledged ·and 103% collected; it provides major support for the Muscular Dystrophy Association, and will be telecast direct from the Sahara Hotel in Las Vegas, Nevada, September 3rd and continue uninterrupted until Monday evening September 4th; and WHEREAS, the Muscular Dystrophy Association sponsors worldwide programs of scientific research, and maintains a nationwide network of 185 clinics to serve patients suffering from these crippling diseases; and WHEREAS, the Jerry Lewis Muscular Dystrophy Labor Day Telethon is an event which each year unites millions of volunteeers from every corner of America and which, with the dollars it rai·ses, benefits the lives of so many more. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, proclaim the period September 3 to September 4, 1978, to be: "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND" in the City of Englewood, Colorado, and urge all citizens in our community to support Jerry Lewis and his great crew of people who are working so diligently to wipe out this dread d i sease. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 21st day of August, 1978 • • I • • - • • .1( • • • • P R 0 C L A M A T I 0 N WHEREAS, the citizens of Englewood, Colorado share with citizens the nation over, concern for the welfare of this Country's victims of neuromuscular disease; and WHEREAS, the Jerry Lewis Labor Day Telethon in 1977 topped all previous records with over $26,000,000 pledged ·and 103% collected; it provides major support for the Muscular Dystrophy Association, and will be telecast direct from the Sahara Hotel in Las Vegas, Nevada, September 3rd and continue uninterrupted until Monday evening September 4th; and WHEREAS, the Muscular Dystrophy Association sponsors worldwide programs of scientific research, and maintains a nationwide network of 185 clinics to serve patients suffering from these crippling diseases; and WHEREAS, the Jerry Lewis Muscular Dystrophy Labor Day Telethon is an event which each year unites millions of volunteeers from every corner of America and which, with the dollars it rai·ses, benefits the lives of so many more. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, proclaim the period September 3 to September .4 .' 1978, to be: "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND" in the City of Englewood, Colorado, and urge all citizens in our community to support Jerry Lewis and his great crew of people who are working so diligently to wipe out this dread disease. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 21st day of August, 1978 . JAMES L. TAYLOR, Mayor • , I • • • • • • P R 0 C L A M A T I 0 N WHEREAS, the citizens of Englewood, Colorado share with citizens the nation over, concern for the welfare of this Country's victims of neuromuscular disease; and WHEREAS, the Jerry Lewis Labor Day Telethon in 1977 topped all previous records with over $26,000,000 pledged ·and 103% collected; it provides major support for the Muscular Dystrophy Association, and will be telecast direct from the Sahara Hotel in Las Vegas, Nevada, September 3rd and continue uninterrupted until Monday evening September 4th; and WHEREAS, the Muscular Dystrophy Association sponsors worldwide programs of scientific research, and maintains a nationwide network of 185 clinics to serve patients suffering from these crippling diseases; and WHEREAS, the Jerry Lewis Muscular Dystrophy Labor Day Telethon is an event which each year unites millions of volunteeers from every corner of America and which, with the dollars it rai'ses, benefits the lives of so many more. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, proclaim the period September 3 to September 4, 1978, to be: "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND" in the City of Englewood, Colorado, and urge all citizens in our community to support Jerry Lewis and his great crew of people who are working so diligently to wipe out this dread disease. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 21st day of August, 1978. JAMES L. TAYLOR, Mayor • I • • - • ·( • • • • P R 0 C L A M A T I 0 N WHEREAS, the citizens of Englewood, Colorado share with citizens the nation over, concern for the welfare of this Country's victims of neuromuscular disease; and WHEREAS, the Jerry Lewis Labor Day Telethon in 1977 topped all previous records with over $26,000,000 pledged ·and 103% collected; it provides major support for the Muscular Dystrophy Association, and will be telecast direct from the Sahara Hotel in Las Vegas, Nevada, September 3rd and continue uninterrupted until Monday evening September 4th; and WHEREAS, the Muscular Dystrophy Association sponsors worldwide programs of scientific research, and maintains a nationwide network of 185 clinics to serve patients suffering from these crippling diseases; and WHEREAS, the Jerry Lewis Muscular Dystrophy Labor Day Telethon is an event which each year unites millions of volunteeers from every corner of America and which, with the dollars it rai~es, benefits the lives of so many more. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, proclaim the period September 3 to September 4, 1978, to be: "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND" in the City of Englewood, Colorado, and urge all citizens in our community to support Jerry Lewis and his great crew of people who are working so diligently to wipe out this dre ad disease. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 21st day of August, 1978 . JAMES L. TAYLOR, Mayor • I • • • • • RE SO LUTION NO. ~' SERIES OF 1978 A RESOLUTION AMENDING THE 1978 PUBLIC IMPROVEMENT FUND BU DGET. WHEREAS, the City Council of the City of Englewood, Colorado, has adopted a 1978 Public Improve ment Six-Quarter Budget; and WHEREAS, the City Council has studied and reviewed the need for new City Council and Court Chambers; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO as follows: Section 1: The following estimated revenues and appropriations are hereby approved in the Public Improvement Fund, Six-Qu a rter Budget: 1978. ATTEST: Source of Funds Miscellane ous Land Ac quis i tion Appropriations Combined City Council and Municipal Court Chambers and Allied Facilities $100,000.00 $100,000 .00 ADOPTED AND APPROVED THIS 21st day of August, JAME S L . TAYLOR, Mayo r ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk of the City of Englewood , State of Colorado , do hereby certify that the above is a true , accurate, and complete copy of Re solution No. , Series of 1978. ex officio City Clerk-Treasurer c I . - • ( • • • MEMORANDUM TO: Mayor and Members of City Council FROM: Andy McCown, City Manager DATE: August 16, 1978 SUBJECT: AD FOR ENGLEWOOD HIGH SCHOOL PIRATE LOG Miss Mary Wakimura, Business Manager of the Pirate Log for the Englewood High School, called our office this week inquiring as to whether Council would like to authorize an ad in the Pirate Log. Costs for the ad are as follows: 1 page -$140 ~ page -$ 75 l,; page -$ 40 Could we have your direction on this matter? ph 0 I • • ( • • • • ~ .] Of .1-/G Y--t/2.111. ;( tl OLu i f? .... • S'-7-If I . {) lhb yJuldJ.vl v ~ (/J {J(k_j; f'-rr-if INTROOUCEO AS A BILL BY COUNCILMAN ~ . ~ 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 Associates, a Colorado Limited Partnership, for the purposes of providing access between Harvard Park Medical Plaza Associates' medical off ice building and Porter Memorial Hospital's facilities; and WHEREAS, the City of Englewood, Colorado has assigned its rights under the above-described Mortgage and Security Agreement to The Colorado National Bank of Denver, Denver, Colorado , as Trustee under a Trust Indenture dated February l, 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 l. Pursuant to Section 2.18, subsection (d), of the above - described Mortgage and Security Agreement of February l, 1978, the City of Englewood , Colorado by this Ordinance does hereby authorize the release of, and requests that The Colorado National Bank of Denver, as Trustee, release and subordinate a part of • I • • n • J ( • • • • 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 Meridian, 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: Beginning 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; t hence East, along the south line of Harvard Avenue and parallel with the north l ine of said SW 1/4 of SW 1/4, a d istance of 538.45 feet; thence S 11° 30' E, a distance of 272.0 feet to the True Point of Beg inning o f said centerline; thence N 78°30' E, a distance of 200.00 feet, more or less to the po int 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. MAYOR ATTEST: Ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the -2- I • • ( ( • • • • above and foregoing is a true, accurate and complete copy of the Bill for an ord i nance, introduced, read in full and passed on first reading on the 7th day of August, 1978. Ex officio City Clerk Treasurer -3- • I • • - ( ( • • • • SAUNDERS , SNYDER, Ross & DICKSON, P. C. lAW OFFICES OL.ENN G . S AUNO(A$ WILLA RD 5 . SH'rO[R JACI'I. r. ROSS WAYNE j f"OWL[R W. B . TOURTIL.LOTT, JR WILLIAM J I'I.IAV[N m 802 CAPITOL Llr!: CENTER Z25 [A~T SIJCT!:f:NTH AVt:NUE DENVER, COLORADO 80203 .JOHN M DICKSON or COUNSEL H . C CLEV(L.ANO m ..IA ,..ES W. SANDERSON Cl-tAISTO PHtA R PAULSON ""ICMAEL L. PEDERSON EUGENE r. M!:GY!:SY. JR. LEWIS .J . HOCt-t MARTHA PHILLIPS rEITE:N August 1, 1978 HAND DELIVERED Mr. Bernard V. Berardini City Attorney City of Englewood 3400 South Elati Englewood CO 80110 Dear Mr. Berardini: RE: Ordinance Requesting a Partial Release of Porter Hospital Property for Purposes of an Easement Pursuant to our conversation of Monday, July 31, 1978, enclosed herewith please find the following: TEI.[PHONE AREA CODE 303 eeu -e2oo 1. Title page and relevant excerpts of pages from the Mortgage and Security Agreement dated February 1, 1978 between Porter Memorial Hospital and the City of Englewood, Colorado, securing a $17,285,000.00 first mortgage note providing for conveyance 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 will facilitate and hasten the process of having the ordinance passed. Included in said documents are: Proposed minutes covering the introduction, first reading and 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 . Bernar d V . Bera rdini Au gust 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 af fidavit 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 think necessary and prepare an appropriate number of copi es f or the 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, ~~~~.e~ P.C . Michael L. Pederson MLP:cap Enclosures I .