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HomeMy WebLinkAbout1978-09-05 (Regular) Meeting Agenda• • • • • COUNCIL MEETING -REGULAR September 5, 1978 • • • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 5, 1978 7 :30 P.M. Call to order, invocation by Dr. W. L. Smith, First Baptist Church, 3170 South Broadway, pledge of allegiance by Boy Scout Troop No. 92, and roll call. 1. Minutes . (a) Minutes of the regular meeting of August 21, 1(._~..,'""1--1978. (Copies enclosed.) 2. Pre-Scheduled Visitors . (a) ~ 'i~ S"' '2.- 1 -0 Members of the Old Timers Youth Baseball Assn. -House of Upholstery, will be present to accept a resolution commending them on their successful season. (Copies enclosed.) 3. Other Visitors. 1/ t'-~ /"ft.,<...,...._, Vnt-1 .....__~ II.Jd4 ~...._.___ .............. ---~ \ 4. Public Hearing. (a) Proposed use of revenue sharing funds for 1979 . 5 . Communications -No Action Recommended . (a) Minutes of the Englewood Housing Authority meeting of June 20, 1978. (Copies enclosed.) (b) Minutes of the Board of Career Service Commis- sioners meeting of August 17, 1978. (Copies enclose d .) • I • • ( • • • ,. • Pa ge 2 Se p tember 5, 1978 Agenda 5. Communic atio n s-No Action Recommende d (Continued ). (c) Minute s of the Employees' Re t irement Board meeting of Augus t 2 2 , 1978. (Cop ie s e nc losed .) 6 . Comm unicat ions -Action Recomme n ded. (a) (b) Memorandum from the Director of F inance to t he City Manager concerning annexation o f pro p er ty in t h e v icinity of Belle Isl e Ga rd e n s. (Copi e s en c l ose d.) Po? .61--· l-0 Mem ora ndum from the Director o f Commun ity Development to the City Manager c oncerning t h e at t enda nce of the Housing Di r e c t or a t the 197 8 NAH RO Na t ional Conference . (Copies e n clos e d.) 7. Ci t y At to rn ey. --~ .... J-,;,.., ~~I '--(' fC..,-..-." " 1,0 \JJ..-.. ., }-- 1 ... 0 ;..., --v~c,~ "'\ ..... o Ordinances on Final Reading . (a ) >f l_ (b) (c) (d) !d I Ordinance amending Sec tion 2 2 .4-1 3 h., en tit l e d I-1 Light Industrial Di stric t , conditional uses, by correcting sub-section h. (l) (a) (2) (3) and (5) by including omit t ed p hrases in t he original passage of Ordinance No . 6 , Ser i es 1978 . (Co pie s e nclos e d .) Ordinance approvi ng a con trac t b e t ween t h e Ci ty of Englewood and t he Sta te Depar tme nt o f Hi g hw ays, Division o f Highwa y s conc e rn ing the use o f Federal fun d s f o r t he co nstruction of a drainag e structure and approaches on Lehow Avenue at Big Dry Creek between the Cities of Englewood and Littleton, Colorado . (Copies enclosed.) Ordinance approving an Agreement between the City of Englewood, City of Littleton and the Urban Drainage and Flood Control District con- cerning the replacement of Lehow Bridge across Big Dry Creek. (Copies enclosed .) Ordinance authorizing the sale of a certain parcel of real property located within the City of Greenwood Village. (Copies enclosed.) • I - • • • • Page 3 Septemb er 5, 1978 Agenda 7. City Attorney (Continued). Bill s for Ordinances. (e) ~ (f) ~ Bill approving an agreement for library services between the Arapahoe Regional Library District and the City of Englewood. (Copies enclosed .) Bill adopting by reference the 1977 edition of the "Model Traffic Code for Colorado Municipalities;" repealing all ordinances in conflict therewith; for violation thereof. 1 -1 and providing penalties ~~~ (Copies enclosed.) ~· 9-· Proclamations. (g) Proclamation proclaiming September 8, 1978 as "National Cancer Day." (Copies enclosed .) Other Matters. (h) Set tl ement agreement between the City of Englewood, City of Littleton and the United States Treasury. (Copies enclosed .) (i) Attorney's Choice. 8. City Manager (a) Resolu t ion adding the positions of Deputy Court Clerk and Violations Bureau Clerk to the Classifi- cation System . (Copies enclosed.) _.1 9 . ~ ')' • ._\ v ¥ 1'"\' (b) Manager's Choice . General Discus sion . (a) Mayor's Choice . (b) Councilman's Choice. 10. Adjournment. (,~ ;) /Y) ) Vo~£f!!~- City Manager • I • ( ( • REGULAR MEETING: • • .. COUNCIL CHAMBERS CITY OF ENGL EWOOD, COLORADO Se ptemb e r 5 , 1978 The City Council of the City of Engl ewood, Arapahoe County, Colorado, met in regular session on Sept e mber 5 , 1978, at 7 :30 p.m . Mayor Taylor , presiding, called the mee ting to order. The invocation was given by Councilman Da v id Clay t on. The Pledge of Allegiance was led by Boy Scout Troop #92 . Mayor Taylor asked for roll call . Upon a c all o f t h e roll, the following wer e present: Council Members Williams , Weber, Smith , Harp e r , Clay ton , Mann, Ta ylor. Absent : Non e . The Mayor d e cl a r e d a quorum pr e s e nt . * * * * * * Also pres e n t were: City Man ager Mc Cown Ass istant City Man a ger Curn es Ci t y Attorn e y Bera rdini De puty City Clerk Johann i sson * * * * * * COUNCILMAN SMITH MOVED TO APPR OV E THE MINU TES OF TH E REGULAR MEETI NG OF AUGUST 21, 1978 . Councilman Har pe r secon ded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harp er , Clayton , Mann, Williams, Weber, Taylo r . None. The Mayor declared t h e motion carried . * * * * * * RESOLUTION NO. 52, SERIES OF 197 8 A RESOLUTION COMMENDING OLD TIMER YOUTH BASEBALL DISTRICT CHAMPIONS -HOUSE OF UPHOLSTERY . COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 52, SERIES OF 1978. Councilman Mann s conded the motion . Upon a call • I • • - • September 5, 1978 Page 2 • • • of the roll, the vote resulted as fol low s: Ayes: Nays : Council Member Smith, Harper, Clayton, Mann, Williams, Weber, Tay lor. None . The Mayor declared the motion carried . Pre-scheduled visitor Karl Kerzic, sponsor for House of Upholst ery, accepted the resolutio n and a plaque from the City presented by Mayor Taylor. Mayor Taylor presented framed resolu- tions to the team members. Mr. Kerzic thanked Council for the recognition. Deputy City Cl e rk Johannisson said he would insure that corrections to names on the resolution would be made . *-!<**** COUNCILMAN MANN MOVED TO PROCLAIM SEPTEMBER 23, 1978 AS HUNTING AND FISHING DAY. Councilman Clayton seconded t he motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried. Mayor Taylor presented the proclamation to Walter Samuelson, 3855 South Lincoln. * * * * * * Councilman Clayton asked that Colbert Cushing, present at the Council meeting, be recognized for his continuing work in developing recreation programs. * * * * * * COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEARING ON THE PROPOSED USES FOR REVENUE SHARING FUNDS FOR 1979 . Councilman Mann seconded the motion . Upon a call of th rolt, the vote resulted as follows: Ayes: Council M mbers Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . • ) I • • ( ( • Sept emb e r 5 , 19 78 Page 3 Nays : Non e . • • • Th e Mayor d e clared the motion carried . City Ma n a ger McCown presented th e r evenu e sharing pro- posal for about $650,000. He stated that the s t a f f r e comm e ndation was to put the funds into the Public Improv eme n t Fund and us e one half for the continuing storm drainag e pro j ec t a n d one h alf f or the Little Dry Cr eek pro j ect . Mayor Taylor ask e d if ther e wa s anyone present wi shing to speak on this matter . Oliver Giseburt, 3171 South Hi gh , appea r e d be f or e Council and stat e d he a gre e d with the sta ff r e comm e nda tion that th e f unds be us e d for the storm drainage pro j ect, a project which was suppos e d to b e completed in 1976. Mayor Taylor asked if ther e was anyone e lse wish i ng t o speak on th i s matter. No one responded . COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Councilman Mann s e cond e d the motion. Upon a call o f the roll, the vote resulted as follows: Ayes: Nays : Council Members Sm ith, Harper, Clayton, Mann, Williams, We b e r, Taylor. Non e . Th e Mayor declar e d t h e mo t ion ca rr ied. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c ) Minutes of the En glewood Housing Authority meeting of June 20, 1978 . Minutes of the Board of Career Service Commis - sioners meeting o f August 17, 197 8. Minutes of the Emp loyees' Retirement Board meeting of Au gust 22, 1978 . * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning ann exation of property in the vicinity of Belle Isle Gardens . • I • • September 5, 1978 Page 4 • • • COUNCILMAN MANN MOVED TO REFER THE ANNEXATION PETITION OF PROPERTY IN THE BELLE ISLE GARDENS TO TH E COMMUNITY DEVELOPMENT DEPARTMEN T . Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper , Clayton, Mann, Williams, Weber, Taylor . None. Th Mayor declared the motion carri ed . * * * * * * City Manager McCo wn presented a memorandum f rom the Director of Community Development concerning the attendance of the Housing Director at the 1978 NAHRO National Conference . COUNCIL MAN WEBER MOVED TO APPROVE THE OUT-OF-STATE TRIP OF RI CHARD LOVE, HOUSING DIRECTOR, TO THE 1978 NAHRO NA - TIONAL CONFERENCE IN SEATTLE, IF THE HOUSING AUTHORITY APPROVES . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 18, SERIES OF 1978 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 OMITT ED PHRASES IN THE ORIGINAL PASSAGE OF ORDINANCE NO. 6, SERIES OF 1978. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 18, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Weber, Taylor • • i) I • • ( • September 5, 1978 Page 5 Nays: • • .. Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 19, SERIES OF 1978 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 CONSTRUCTION OF A DRAINAGE STRUCTURE AND APPROACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO. City Manager McCown stated that Urban Drainage and Flood Control would provide $29,250 and Englewood and Littleton would provide the balance. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 19, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 20, SERIES OF 1978 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 ORDINANCE NO. 20, SERIES OF 1978 ON FINAL READING. Councilman Mann s conded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor • • I • • • September 5, 1978 Page 6 Nays: None. • • • The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1978 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 ORDINANCE NO. 21, SERIES OF 1978 ON FINAL READING . Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Ma nn , Williams , Weber, Taylor . None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE ARAPAH OE REGIONAL LIBRARY DISTRICT AND THE CITY OF ENGLE WOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Mann seconded the motion . Councilman Williams noted that there were errors in Section l (l) and (2). Councilman Williams stated that 1978 should read 1979 . Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Smith, Harper, Clayton , Mann, Williams, Weber, Taylor. None. Th Mayor declared the motion carried. * * * * * * • I • ( • September 5, 1978 Page 7 • • • IN TRODUC ED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORD INANC E ADOPTING BY REFERENCE THE 1977 EDITI ON OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALIAITIES"; REP EALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. City Attorney Be r ardini presented the bill with the changes that City Counci l may wish to address. He stated that State law required that a publ ic hearing be held to adopt the Model Traffic Code. Whil e the Ci ty's Charter does not have the same requisite, Mr. Berardini recommended that a public hearing be held . The a r eas which Council may wish to address are: l) U-Turns; 2) Parking meters; 3) Licensing of bicycles dealers and bicycle own ers . Mr . Berardini said the City currently has a conflicting ordinance relating to U-Turns and that the City Code does not address the other two topics . COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRS T READING AND SET A FEE OF $2.00 FOR THE CODE AND SCHEDULE A PUBLIC HEARING FOR OCTOBER 2, 1978 AT 7:30 P .M. Councilman Williams seconded the motion. COUNCIL MAN MANN MOVED TO AMEND THE PREVIOUS MOTION BY DELETING THE SECTION PERTAINING TO U-TURNS FROM THE TRAFFIC CODE . Councilman Clayton seconded th e motion. Councilman Mann stated that h e wanted the current pro- hibition of U-Turns in the City to continue. Councilman Weber stated that the City must consider the motorist. Differences in this type of law from one community to another confus motor ists and is unfair. Council should adopt the Code as written. Councilman Harper stated that t he public hearing would provide a forum to hear objections . Councilman Mann withdrew h is amendment and Councilman Clayton withdrew his second to the amendment. Councilman Smith stated that a public hearing was needed to insure that the City would not become involved in needless litigation because the City failed to observe State requirements for a public hearing. Several councilmen expressed concern about licensing bicycle dealers and bicycle owners. • I • • • September 5, 1978 Page 8 • • .. COUNCILMAN WEBER MOVED TO OMIT THE LICENSING OF BICYC LE OWNERS AND BICYCLE DEALERS FROM THE MODEL TRAFFIC CODE . Council-man Smith seco nd ed the motion . Co uncilman Smith stated that the licensing of this group would not be a popular subject to approach . In addition, it woul d be an unneeded burden to the City . Ayes : Nays: Council Members Weber, Smith, Taylor . Council Members Williams, Harpe r , Clayton, Mann. The Mayor declared the motion defeated , Upon a call of the roll, the vote on the original motion to pass the bil l on first reading resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor . Council Mem b er Webe r. The Mayor declared t h e motion ca r ried . * * * * * * COUNCILMAN CLAYTON MOVED TO APPROVE A PRO CLAMAT ION PROCLAIMING SEPTEMBER 8, 1978 AS NATIO NAL CA NCER DAY . Co un ci l- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Harper, Clayton, Mann, Williams, Weber, Ta ylor . Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Bera rdi ni presented a settlement agreement betw en the City of En glewood, City of Littleton and the United States Tr asury relating to the Bi-City Sewer Plant. COUNCILMAN SMITH MOVED TO APPROVE THE SETTLEMENT AGRE E- MENT BETWEEN THE CITY OF ENGLEWOOD, THE CITY OF LITT LETON AND THE U.S. TREASURY. Councilman Clayton seconded the motion . Ci y Manaeer e~plained the agreement and the City's relationsh ip wi th th U.S. and HDR, the contractor . • I • • ( • Septemb er 5 , 1978 Pa ge 9 • • - May or Tayl or stat e d that in h i s op ~n~o n th e Ci ty was "had" by the U.S. g ov e rnme nt. It is un f a i r that the Ci tie s o f En g lewood and Littleton b e f ined for an acc id e n t on a proj ect b eing comple ted un de r t h e a usp i c es o f t h e U.S . g ov e rnm e n t . The ci t ies are a vi c t im o f bur e aucr a tic un fa irne ss . Upon a call o f the ro ll , th e vote on t he mot i on resu l t e d as follows : Ayes : Nays: Coun ci l Member s Smith, Harper, Clayton , Williams , We ber , Ta ylo r . Council Memb e r Mann. The Mayor d e cla r e d th e mo t ion c a r r ied . * * * * * * COUNCILMAN SMITH MOV ED TO WR I TE A LET TER TO THE EPA EXPRESSING THE CITY COUNC IL 'S DIS PL EASURE WITH THE SETTLEMENT DECISION. Councilman Mann sec ond ed the motion . Upon a c a ll of the r o ll, the vote r e su lted a s foll ows : Ay es : Nays : Coun cil Mem b e rs Smith, Harper , Clayton , Man n, Williams , Weber, Taylor . None . The Mayor declared the mo t ion c a rri e d. * * * * * * RES OLUTION NO . 53 , SERIES Of 1978 A RESOLUTION TO ADD THE POSITION OF DEPUTY CO URT CLERK (GRADE 2) AND VIOLATIONS BUREAU CLERK (GRADE l) TO THE CLASSIFICATION SYSTEM . COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 53, SERIES OF 1978 . Councilman Mann s e cond e d the motion. Upon a call o f the roll, the vote resulted as f ollows: Ayes : Nays : Council Members Smit h , Harper, Clayton , Ma n n, Williams, Weber, Taylor . None. Th e Mayor declared the motion carried . * * * * * * City Manager McCown stated the City had n ot received any information from the group in the West Santa Fe annexation • I • • September 5, 1978 Page 10 • • - as of August 31, 1978 . This was the deadline establis h ed by the City . Mr. McCown recommended that services to this area b e termi-nated . COUNCILMAN MANN MOVED TO DISCONTINUE CITY SERVI CES TO THE WE ST SANTA FE ANNEXATION EFFECTIVE AT 12 MIDNIGHT SEPTEMBER 8, 1978 UNLESS SOME RESPONSE IS RECEIVED FROM THEM; AND THAT OCCUPANTS BE NOTIFIED OF THE COUNCIL'S DECISION BY CERTIFIED MAIL. Council - man Williams seconded the motion. Upon a call of the roll, the vot e resulted as fo llows: Ayes : Nays: Abstain: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith . The Mayor declared the motion carried . * * * * * * City Manager McCown stated that proposed budgets will be mailed to the Council on September 14, 1978. Copies will be availa bl e at the Mayor 's Coffee, and he and Bill James will be availa b le to discuss it with interested persons . * * * * * * COUNCILMAN SMITH MOVED TO REACTIVATE THE DOG CONTROL COMMITTEE AND INCLUDE MR. AMBROSIO AND ANY OTHER INTERESTED PERSONS. Councilman Mann seconded the motion . Councilman Mann stated that he had a meeting with Mr. Ambrosio , the Assistant City Manager, and Assistant City Attorney, and recommended that City Council reconvene the Dog Control Committee. The purpose would be to evaluate our current ordinance and animal situation . Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Weber, Taylor . Council Member Williams. Th Mayor declared the motion carried . * * * * * * • I • ( • September 5, 1978 Page 11 • • • Councilman Mann presented a resolution backing the formation of a Downtown Development Authority . RESOLUTION NO. 54, SERIES OF 1978 A RESOLUTION SUPPORTING THE FORMATION OF A DOWNTOWN DEVELOPMENT AUTHORITY AND PLEDGING THE CITY COUNCIL'S ACTIVE ASSISTANCE TOWARDS A SUCCESSFUL ELECTION FOR ITS FORMATION . COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 54, SERIES OF 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried . * * * * * * Councilman Williams stated he has received a letter and petiion from homeowners in the Duncan Park area requesting that the San-0-Lets be removed from the park immediately. Councilman Weber stated this was to be a temporary solu- tion with permanent facilities to be built in the near future. Lou Lorett, 4871 South Pennsylvania, appeared before Council and expressed her concern for the many problems being caused by the presence of the San-0-Lets. She stated that the Police are doing a good job of patrol but that removal of the San-0-Lets would help eliminate problems. Councilman Williams asked that the Police call reports for Duncan Park be made available for this past summer. Councilman Clayton stated that he looked into the cost of permanent facilities and found that they would cost approximately $12,000. Councilman Clayton stated Council should find funds to build the needed facilities. COUNCILMAN WILLIAMS MOVED TO REMOVE THE SAN-0-LETS FROM DUNCAN PARK IMMEDIATELY. The motion died for lack of a second. COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THE DUNCAN PARK SAN-0-LET PROBLEM UNTIL THE SEPTEMBER 18, 1978 COUNCIL MEETING. Councilman Clayton seconded the motion • • I • • • September 5, 1978 Page 12 • • • Dr. Charles Lovett, 4891 South Pennsylvania, appeared before Council and stated he does not see why the San-0-Lets can not be removed immediately . Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harp er, Clayton, Mann, Weber, Taylor. Council Member Williams . The Mayor declared the motion carried. Councilman Smith asked that cost estimates and Police call reports be presented at the next Coun cil meeting. Mayor Taylor asked that stricter policing of the park be carried out by the Police Department . * * * * * * Councilman Clayton expressed two thoughts: 1) In a conversation with a Kansas City veterinarian, he said that Kansas City has recently passed a law requiring a leash law for cats . The City should follow progress on this . 2) The intersection of Belleview and the K-Mart exit is extremely dangerous and a remedy is needed to make an exit from K-Mart easier and safer. * * * * * * Councilman Smith asked for current reports relating to the odor situation at the sewer plant. * * * * * * Councilman Smith commented on his non-attendance at a recent Downtown Development Ad Hoc Committee meeting. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR CITY COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote res lted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor • • I • • ( • September 5, 1978 Page l3 Nays : ,. None. • • • The Mayor declared the motion carried and adjourned the regular Council meeting at 9 :37 p.m . • I • • ( • REGULAR MEETING: • • •' .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 5, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado , met in regular session on September 5, 1978 , at 7 :30 p.m. Mayor Taylor , presiding, called the meeting to order . The invocation was given by Councilman David Clayton. The Pledge of Allegiance was led by Boy Scout Troop U92. Mayor Taylor asked for roll call. Upon a call of the roll, the following we r e present: Council Members Williams, Weber, Smith , Harp e r, 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 Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 21, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried, * * * * * * RESOLUTION NO. 52, SERIES OF 1978 A RESOLUTION COMMENDING OLD TIMER YOUTH BASEBALL DISTRICT CHAMPIONS -HOUSE OF UPHOLSTERY. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 52, SERIES OF 1978. Counc i lman Mann seconded the motion. Upon a call • • I • • • September 5, 1978 Page 2 • • • of the roll , the vote resulted as follows: Ayes: Nays : Council Member Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None . The Mayor declared the motion carried. Pre-scheduled visitor Karl Kerzic, sponsor for House of Upholstery, accepted the resolution and a plaque from the City presented by Mayor Taylor . Mayor Taylor presented framed resolu- tions to the team members. Mr. Kerzic thanked Council for the recognition . Deputy City Clerk Johannisson said he would insure that corrections to names on the resolution would be made . * * * * * * COUNCILMAN MANN MOVED TO PROCLAIM SEPTEMBER 23, 1978 AS HUNTING AND FISHING DAY. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. Mayor Taylor presented the proclamation to Walter Samuelson, 3855 South Lincoln. * * * * * * Councilman Clayton asked that Colbert Cushing, present at the Council meeting, be recognized for his continuing work in developing recreation programs. * * * * * * COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEARING ON THE PROPOSED USES FOR ReVENUE SHARING FUNDS FOR 1979 . Councilman Mann seconded the motion. Upon a call of the rolt, the vote resulted as follows: Ayes : Council Member s Smith, Harper, Clayton, Mann, Williams, Weber, Taylor • • I • • ( • S ep temb e r 5 , 1978 Pa ge 3 Nays : .. No n e . • • • The Mayor d e clare d t h e motion ca rri e d . City Manag e r Mc Cown pre s e nt e d th e revenu e sh a r i n g p r o - posal for about $650 ,000 . He stated that th e s taff r eco mme n dati on was to put the funds into th e Public Impro v eme n t Fund an d us e on e half for the continuing storm dr a inage pro j ec t an d o n e ha l f f or the Little Dry Cr e ek pro ject . Ma yor Tay l or a s ked if there wa s anyon e pr esent wis h i ng to speak on this matt e r. Oliver Gis e burt , 3171 South High , a pp ear e d b efor e Coun ci l and stated he agr eed with t h e s ta ff r eco mme n dation that t h e fu nds b e used for the storm drainage proj ect , a p roje c t wh ich was supposed to be completed in 1976. Mayor Taylo r a sked if the r e was a n y on e else wishing to speak on this matter. No one r es pon ded . COUNCILMAN SM ITH MOVED TO CLO SE THE PU BLIC HEARING . Councilman Mann s e cond e d th e motion. Upo n a call of the roll, the vote r e sul t ed as fol l ows: Ayes : Nays : Coun cil Members Smith, Ha r per , Clayton , Ma nn , Williams , We b er, Taylor . No n e . The Mayo r decla r ed the motion carried . * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c ) Minutes of the Englewood Housing Authority meeting of June 20, 1978 . Minutes of the Board of Career Service Commis- sioners meeting of August 17, 1978 . Minutes of t h e Employees ' Retirement Board meeting of August 22, 1978 . * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning annexation of property in the vicinity of Belle Isle Gardens • • I • • • September 5, 1978 Page 4 • • • COUNCILMAN MANN MOVED TO REFER THE ANNEXATION PETITION OF PROPERTY IN THE BELLE ISLE GAR DENS TO THE COMMUNITY DEVELOPMENT DEPARTMENT. Councilman We b er seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Co u ncil Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None . The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum from the Director of Community Developmen concerning the attendance of the Hous ing Director at ~he 1978 NAHRO National Conference. COUNCILMAN WEBER MOVED TO APPROVE THE OUT-OF -STATE TRIP OF RICHARD LOVE, HOUSING DIRECTOR, TO THE 1978 NAHRO NA- TIONAL CONFERENCE IN SEATTLE, IF THE HOUSING AUTHORITY APPROVES . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None . The Mayor declared the motion carried . * * * * * * INTRODUCE D AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 18, SERIES OF 1978 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 ORDINANCE NO. 18, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Mann, Weber, Taylor • • ) I • ( ( • Septemb er 5, 1978 Page 5 Nays: • • Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 19, SERIES OF 1978 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 FO R THE CONSTRUCTION OF A DRAINAGE STRUCTURE AND APPROACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLO RADO. City Manager McCown stated that Urba n Drainage and Flood Control wou ld provide $29,250 and Englewood and Littleton would provide the balanc e . COUNCILMAN CLAYTON MO VED TO PASS ORDINANCE NO. 19, SERIES OF 1978 ON FINAL READING . Councilman Smith seconded the motion. Upon a call of the roll, the vote resu lted a s f ollows: Ayes : Nays : Council Members Smith, Harper, Clayt on, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 20, SERIES OF 1978 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 ORDINANCE NO. 20, SERIES OF 1978 ON FINAL READING. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor • • I . • September 5, 1978 Page 6 Nays: None. • • • The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1978 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 ORDINANCE NO. 21, SERIES OF 1978 ON FINAL READING . Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE ARAPAHOE REGIONAL LIBRARY DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO . COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Mann seconded the motion. Councilman Williams noted that there were errors in Section l (l) and (2). Councilman Williams stated that 1978 should read 1979 . Upon a cal l of the roll , the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried • • I • • ( • September 5, 1978 Page 7 • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALIAITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. City Attorney Berardini presented the bill with the changes that City Council may wish to address. He stated that State law required that a public h earing be held to adopt the Model Traffic Code. While the City's Charter does not have the same requisite, Mr. Berardini recommended that a public hearing be held. The areas which Council may wish to address are: l) U-Turns; 2) Parking meters; 3) Licensing of bicycles dealers and bicycle owners. Mr. Berardini said the City currently has a conflicting ordinance relating to U-Turns and that the City Code does not address the other two topics. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET A FEE OF $2.00 FOR THE CODE AND SCHEDULE A PUBLIC HEARING FOR OCTOBER 2, 1978 AT 7:30 P.M. Councilman Williams seconded the motion. COUNCILMAN MANN MOVED TO AMEND THE PREVIOUS MOTION BY DELETING THE SECTION PERTAINING TO U-TURNS FROM THE TRAFFIC CODE. Councilman Clayton seconded the motion . Councilman Mann stated that he wanted the current pro- hibition of U-Turns in the City to continue. Councilman Weber stated that the City must consider the motorist . Di fferences in this type of law from one community to another confuse motorists and is unfair. Council should adopt the Code as written. Councilman Harper stated that the public hearing would provide a forum to hear objections . Councilman Mann withdrew his amendment and Councilman Clayton withdrew his second to the amendment. Councilman Smith stated that a public hearing was needed to insure that the City would not become involved in needless litigation because the City failed to observe State requirements for a public hearing. Several councilmen expressed concern about licensing bicycle dealers and bicycle owners • • D I • • September 5, 1978 Page 8 .. • • - COUNCILMAN WEBER MOVED TO OMIT THE LICENSING OF BICYCLE OWNERS AND BICYCLE DEALERS FROM THE MODEL TRAFFIC CODE. Co uncil- man Smith seconded t h e motion . Counc ilman Smith stated that the licensing of this g roup would not be a popular s ubject to approach. In addition, it would be an unneeded burden to the City. Ayes: Nays: Council Members Weber , Smith , Tayl or . Council Members Williams, Harper, Clayton, Mann. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion to pass the b ill on first reading resulted as f ollows : Ayes : Nays: Counci l Membe rs Smith, Harper, Clayton, Mann, Williams, Taylor . Counci l Member Weber . The Mayor declared the motion carried . * * * * * * COUNCILMAN CLAYTON MOVED TO APPROVE A PROCLAMA TI ON PROCLAIMING SEPTEMBER 8, 1978 AS NATIONAL CANCER DAY. Council- man Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Harper, Clayton, Mann, Williams , Weber, Taylor . Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a settlement agreement beLween the City of Englewood, City of Littleton and the United States Treasury relating to the Bi-City Sewer Plant. COUNCILMAN SMITH MOVED TO APPROVE THE SETTLEMENT AGRE E- MENT BETWEEN THE CITY OF ENGLEWOOD, THE CITY OF LITTLETON AND THE U.S. TREASURY. Councilman Clayton seconded the motion . City Manager explained the agreement and the City 's relationship with the U.S. and HDR, the contractor • • I • • ( • September 5, 1978 Page 9 • • • Mayo r Taylor stated that in his op~n~on the City was "had" by the U.S. government . It is unfair that the Cities of Englewood and Littleton be fined for an accident on a project being completed under the auspices of the U.S. government. The cities are a victim of bureaucratic unfairness. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Williams, Weber, Taylor. Council Member Mann. The Mayor declared the motion c arried . * * * * * * COUNCILMAN SMITH MOVED TO WRITE A LETTER TO THE EPA EXPRESSING THE CITY COUNCIL'S DISPLEASURE WITH THE SETTLEMENT DECISION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carr ied . * * * * * * RESOLUTION NO. 53, SERIES OF 1978 A RESOLUTION TO ADD THE POSITION OF DEPUTY COURT CLERK (GRADE 2) AND VIOLATIONS BUREAU CLERK (GRADE 1) TO THE CLASSIFICATION SYSTEM . COUN CILMAN WILLIAMS MOVED TO PASS RESOLUTION NO . 53, SERIES OF 1978. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council M•rnb rs Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None . The Mayor declared the motion carried. * * * * * * City Manager McCown stated the City had not receiv d any information from th group in the West Santa F annexation • I • • t • September 5, 1978 Page 10 • • - as of August 31, 1978 . This was the deadline established by the City . Mr . McCown recommended that services to this a r ea be termi-nated . COUNCILMAN MANN MOVED TO DISCONTINUE CITY SERVICES TO THE WEST SANTA FE ANNEXATION EFFECTIVE AT 12 MIDNIGHT SEPTEMBER 8, 1978 UNLESS SOME RESPONSE IS RECEIVED FROM THEM; AND THAT OCCUPANTS BE NOTIFIED OF THE COUNCIL'S DECISION BY CERTIFIED MAIL . Council- man Williams second ed the motion . Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Abstain: Council Members Harper, Clayton, Mann, Wil liams, Weber, Taylor. None . Council Member Smith. The Mayor declared the motion carried . * * * * * * City Manager McCown stated that proposed budgets will be mailed to the Council on September 14, 1978 . Copies will be available at the Mayor's Coffee, and he and Bill James will be available to discuss it with interested persons. * * * * * * COUNCILMAN SMITH MOVED TO REA CTIVATE THE DOG CONTROL COMMITTEE AND INCLUDE MR. AMBROSIO AND ANY OTHER INTERESTED PERSONS. Councilman Man n seconded the motion . Co u ncilman Mann stated that he had a meeti ng with Mr. Ambrosio, the Assistant City Manager, and Assistant City Attorney, and recommended that City Council reconvene the Dog Control Committee . The purpose would be to evaluate our current ordinance and animal situation. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Weber, Taylor . Council Member Williams . The Mayor declared the motion carried . * * * * * * • I • September 5, 1978 Page 11 .. • • .. Councilman Mann presented a resolution backing the formation of a Downtown Development Authority . RESOLUTION NO. 54, SERIES OF 1978 A RESOLUTION SUPPORTING THE FORMATION OF A DOWNTOWN DEVELOPMENT AUTHORITY AND PLEDGING THE CITY COUNCIL'S ACTIVE ASSISTANCE TOWARDS A SUCCESSFUL ELECTION FOR ITS FORMATION . COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 54, SERIES OF 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * Councilman Williams stated he has received a letter and petiion from homeowners in the Duncan Park area requesting that the San-0-Lets be removed from the park immedia tely. Councilman Weber stated this was to be a temporary solu- tion with permanent facilities to be built in the near future. Lou Lorett, 4871 South Pennsylvania, appeared before Council and expressed her concern for the many problems being caused by the presence of the San-0-Lets. She stated that the Police are doing a good job of patrol but that removal of the San-0-Lets would help eliminate problems. Councilman Williams asked that the Police call reports for Duncan Park be made available for this past summer. Councilman Clayton stated that he looked into the cost of permanent facilities and found that they would cost approximately $12,000. Councilman Clayton stated Council should find funds to build the needed facilities. COUNCILMAN WILLIAMS MOVED TO REMOVE THE SAN-0-LETS FROM DUNCAN PARK IMMEDIATELY. The mot ion died for lack of a second. COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THE DUNCAN PARK SAN-0-LET PROBLEM UNTIL THE SEPTEMBER 18, 1978 COUNCIL MEETING. Councilman Clayton seconded the motion . • ) I • • September 5, 1978 Page 12 .. • • • Dr . Charles Lovett, 4891 South Pennsylvania, appeared before Council and stated he does not see why the San-0-Lets can not be removed immediately . Upon a call of the ro l l , t he vote on the mo tio n resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Weber, Taylor. Council Member Williams . The Mayor declared the motion carried . Councilman Smith asked that cost estimates and Police call reports be presented at the n ext Council meeting . Mayor Taylor asked that stricter policing of the park be carried out by the Police Department. * * * * * * Councilman Clayton expressed two thoughts: l) In a conversation with a Kansas City veterinarian, he said that Kansas City has recently passed a law requiring a leash law for cats . The City should follow progress on this . 2) The intersection of Bellev iew and the K-Mart exit is extrem ly dangerou s and a remedy is needed to make an exit from K-Mart easier and safer . * * * * * * Councilman Smith asked for current reports relating to the odor situation at the sewer plant. * * * * * * Councilman Smith commented on his non-attendance at a recent Downtown Development Ad Hoc Committee meeting . * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR CITY COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote res lt d as follows: Ayes: Council M mbcrs Smith, Harper, Clayton, Mann, Williams, W b r, Taylor • • I • • ( • Septemb er 5, 1978 Pag e 13 Nays : None. • • • The Mayor declared the motion carried and adjourned the regular Council meeting at 9:37 p.m. • I . - ( • REGULAR MEETING: • • • COUNC IL CHAMB ERS CITY OF ENGLEWOOD , COLO RAD O S eptemb e r 5, 1978 The City Council of the City of Englewood, Ar a pahoe County, Colorado, met in regular session on Sept e mber 5, 1978 , at 7 :30 p .m. Mayor Taylor, pr e siding , called th e meeting t o ord e r. The invocation was given by Councilman David Clay t on. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked f or r ol l c a ll. Upon a call o f the roll, the following wer e pre s e nt: Council Members Will i a ms , Weber, Smith, Harper , Cl ay ton, Mann, Taylor. Absent : Non e . The Mayor declar e d a quorum pr e s e nt. * * * * * * Also pres e nt we re: Ci ty Manag er McCown Ass is t a nt City Manage r Curn e s Ci t y Attorn ey Berardini Depu ty City Clerk Johanniss on * * * * * * COU NCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 21, 197 8. Co u ncilman Harper secon ded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None . The Mayor declared the motion carried . * * * * * * RES OLUTION NO . 52, SERIES OF 197 8 A RESOLUTION COMMENDING OLD TIMER YOUTH BASEBALL DISTRICT CHAMPIONS -HOUSE OF UPHOLSTERY . COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO . 52, SERIES OF 1978 . Councilman Mann s conded th motion. Upon a call • I • • September 5, 1978 Page 2 • • .. of the roll , the vote resulted as follows: Ayes: Nays : Council Member Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared the motion carried . Pre-scheduled visitor Karl Kerzic, sponsor for House of Upholstery, accepted the resolution and a plaque from the City presented by Mayor Taylor. Mayor Taylor presented framed resolu- tions to the team members. Mr. Kerzic thanked Council for the recognition. Deputy City Clerk Johannisson said he would insure that corre ctions to names on the resolution would be made. * * * * * * COUNCILMAN MANN MOV ED TO PROCL AIM SEPTEMBER 23, 1978 AS HUNTING AND FISHING DAY. Coun cilm3n Clay ton seconded the motion. Upon a call of the roll, the vote resulted as follow s: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Web er, Taylor. None. The Mayor declared the motion carried . Mayor Taylor presented the proclamation to Walter Samuelson, 3855 South Lincoln. * * * * * * Councilman Clayton asked that Colbert Cushing, present at the Council meeting, be recognized for his continuing work in developing recreation programs . COUNCILMAN PRO OSED USES FOR R~ seconded the motion. as follows: Ayes: * * * * * * SMITH MOVED TO OPEN THE PUBLIC HEARING ON THE ENUE SHARING FUNDS FOR 1979. Councilman Mann Upon a call of the ro11, the vote result d Council Memb rs Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . • I • • ( ( • September 5, 1978 Page 3 Nays : None. • • • The Mayor declared the motion carried. City Manager McCown presented the revenue sharing pro- posal for about $650,000. He stated that the staff recommendation was to put the funds into the Public Improvement Fund and use one half for the continuing storm drainage project and one half for the Little Dry Creek project. Mayor Taylor asked if there was anyone present wish ing to speak on this matter. Oliver Giseburt, 3171 South High, appeared before Council and stated he agreed with the staff recommendation that the funds be used for the storm drainage project, a project which was supposed to be completed in 1976. Mayor Taylor asked if there was anyone else wishing to speak on this matter. No one responded. COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) Minutes of the Englewood Housing Authority meeting of June 20, 1978. Minutes of the Board of Career Service Commis- sioners meeting of August 17, 1978. Minutes of the Employees' Retirement Board meeting of August 22, 1978. * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning annexation of property in the vicinity of Belle Isle Gardens. • I • • • September 5, 1978 Page 4 • • .. COUNCILMAN MANN MOVED TO REFER THE ANNEXATION PETITION OF PROPERTY IN THE BELLE ISLE GARDENS TO THE COMMUNITY DEVELOPMENT DEPARTMENT. Councilman Weber seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Community Development concerning the attendance of the Hous i ng Director at the 1978 NAHRO National Conference. COUNCILMAN WEBER MOVED TO APPROVE THE OUT-OF-STATE TRIP OF RICHARD LOVE, HOUSING DIRECTOR, TO THE 1978 NAHRO NA- TIONAL CONFERENCE IN SEATTLE, IF THE HOUSING AUTHORITY APPROVES . Councilman Harper seconded the motion . Up on a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 18, SERIES OF 1978 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 ORDINANCE NO. 18, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Memb ers Smith, Harper, Clayton, Mann, Web er, Taylor. • I • • ( ( • September 5, 1978 Page 5 Nays : • • • Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO . 19, SERIES OF 1978 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE ST ATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS CONCERNING THE USE OF FEDERAL FUNDS FOR THE CONSTRUCTION OF A DRAINAGE STRUCTURE AND APPROACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CITIES OF ENGL EWOOD AND LITTLETON, COLORADO. City Mana ger McCown stated that Urban Drainage and Flood Control would provide $29,250 and Englewood and Littleton wou ld provide the ba lance. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 19, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion . Upon a call of the roll , the vote resulted as follows: Ayes: Nays : Council Members Smith , Harper, Clayton, Mann , Williams, Weber, Taylor. None . The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 20, SERIES OF 1978 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 Cl.AYTON MOVED TO PASS ORDINANCE NO. 20, SERIES OF 1978 ON FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor • • I • • - • September 5, 1978 Page 6 Nays: None. • • • The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCI LMAN SMITH BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1978 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 ORDINANCE NO. 21, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLA YTON A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE ARAPAH OE REGIONAL LIBRARY DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING . Councilman Mann seconded the motion . Councilman Williams noted that there were errors in Section 1 (l) and (2). Councilman Williams stated that 1978 should read 1979. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. Th Mayor declared the motion c rried. * * * * * * • I • • ( ( • Sept em b er 5, 1978 Page 7 • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ADO PTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLO RADO MUNICIPALIAITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWI TH; AND PROVIDING PENALTI ES FOR VIOLATI ON THEREOF. City Attorney Berard i ni presented the bill with the changes that City Council may wish to address. He stated that State law required that a public hearing b e held to adopt the Model Traffic Code. While the City's Chart e r does not have the same requisite, Mr . Berardini recommended th at a public hearing be held. The areas which Council may wish to address are : 1) U-Turns; 2) Parking meters; 3) Licensing of b icycles dealers and bicycle own ers . Mr . Berardini said th e Ci t y currently has a conflicting ordinance relating to U-Turn s and that the City Code does not address the other two topics. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET A FEE OF $2.00 FOR THE CODE AND SCHEDULE A PUBLIC HEARING FOR OCTOBER 2, 1978 AT 7:30 P.M. Councilman Will iams seconded the motion. COUNCILMAN MANN MOVED TO AMEND THE PREVIOUS MOTION BY DELETING THE SECTION PERTAINING TO U-TURN S FROM TH E TRAF FIC CODE. Councilman Clayton seconded the motion. Councilman Mann stat ed that he wanted the current pro-hibition o f U-Turns in the City to continue. Councilman Weber stated that the City must consider the motorist. Differences in this type of law from one community to another confuse motorists and is unfair. Council should adopt the Code as written. Councilman Harper stated that the public hearing would provide a forum to hea r objections. Councilman Mann withdrew his amendment and Councilman Clayton withdrew his second to the amendment . Councilman Smith stated that a public hearing was needed to insure that the City would not become involved in needless litigation because the City failed to observe State requirements for a public hearing. Several councilmen expressed concern about licensing bicycle dealers and bicycle owners. • I • • • September 5, 1978 Page 8 • • • COUNCILMAN WEBER MOVED TO OMIT THE LICENSING OF BICYCLE OWNERS AND BICYCLE DEALERS FROM THE MODEL TRAFFIC CODE. Council- man Smith seconded the motion. Councilman Smith stated that the licensing of this group would not be a popular subject to approach. In addition, it would be an unneeded burden to the City . Ayes : Nays : Council Members Weber, Smith , Taylor . Council Members Williams, Harper, Clayton, Mann. The Mayor declared the motion defeated . Upon a call of the roll, thP vote on the original motion to pass the bill on first reading resulted as f ollows: Ayes: Nays : Counci l Members Smith, Harper, Clayton , Mann, Williams, Taylor. Council Member Weber . The Mayor declared the motion carried . * * * * * * COUNCILMAN CLAYTON MOVED TO APPROVE A PROCLAMATION PROCLAIMING SEPTEMBER 8, 1978 AS NATIONAL CANCER DAY. Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Harper, Clayton, Mann, Williams, Web r, Taylor . Council Member Smith . The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a settlement agreement between the City of Englewood, City of Littleton and the United States Treasury relating to the Bi-City Sewer Plant. COUN CIL MAN SMITH MOVED TO APPROVE THE SETTLEMENT AGREE- MENT BETWEEN THE CITY OF ENGLEWOOD, THE CITY OF LITTLETON AND THE U.S. TREASURY. Councilman Clayton seconded the motion. Cit y Manager explained the agreement and the City 's r lationship with the U.S. and HDR, th contractor • • I • ( ( • September 5, 1978 Page 9 • • - Mayor Taylor stated that in his op~n~on the City was "had" by the U.S. government. It is unfair that the Cities of Englewood and Littleton be fined for an accident on a project being completed under the auspices of the U.S. government. The cities are a victim o f bureaucrat ic unfairness. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Williams, Weber, Taylor. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO WRITE A LETTER TO THE EPA EXPRESSING THE CITY COUNCIL'S DISPLEASURE WITH THE SETTLEMENT DECISION. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: I Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. I The Mayor declared the motion carried . * * * * * * RESOLUTION NO. 53, SERIES OF 1978 A RESOLUTION TO ADD THE POSITION OF DEPUTY COURT CLERK (GRADE 2) AND VIOLATIONS BUREAU CLERK (GRADE 1) TO THE CLASSIFICATION SYSTEM. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 53, SERIES OF 1978. Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown stated the City had not received any information from the group in the West Santa Fe annexation • D I • - • September 5, 1978 Page 10 • • - as of August 31, 1978. This was the deadline established by the City . Mr . McCown recommended that services to this area be termi -nated. COUNCILMAN MANN MOVED TO DISCONTINUE CITY SERVICES TO THE WEST SANTA FE ANNEXATION EFFECTIVE AT 12 MIDNIGHT SEPTEMBER 8 , 1978 UNLESS SOME RESPONSE IS RECEIVED FROM THEM; AND THAT OCCUPANTS BE NOTIFIED OF THE COUNCIL'S DECISION BY CERTIFIED MAIL. Council - man Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Abstain: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . None. Council Member Smith . The Mayor declared the motion car ried . * * * * * * City Manager McCown stated that proposed bu dgets will be mailed to the Council on September 14, 1978 . Copies will be available at the Mayor's Coffee, and he and Bill James will be available to discuss it with interested persons . * * * * * * COUNCILMAN SMITH MOVED TO REACTIVATE THE DOG CONTROL COMMITTEE AND INCLUDE MR . AMBROSIO AND ANY OTHER INTERESTED PERSONS. Councilman Mann seconded the motion. Councilman Mann stated that he had a meeting with Mr. Ambrosio, the Assistant City Manager, and Assistant City Attorney, and recommended that City Council reconvene the Dog Control Committee. The purpose would be to evaluate our current ordinance and animal situation. Upon a call of th roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Weber, Taylor. Council Member Williams. The Mayor declared the motion carried . * * * * * * • 0 I • ( • September 5, 1978 Page 11 • • • Coun cilman Mann presented a resolution backing the f ormation of a Downtown Development Authority. RESOLUTION NO. 54, SERIES OF 1978 A RESOLUTION SUPPORTING THE FORMATION OF A DOWNTOWN DEVELOP ME NT AUTHORITY AND PLEDGING THE CITY COUNCIL'S ACTIVE ASSISTANCE TOWARDS A SUCCESSFUL ELECTION FOR ITS FORMATION. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 54, SERIES OF 1978 . Councilman Williams second e d the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Ha rper , Clayton, Mann, Williams, Web er, Taylor. None. The Mayor declared the motion carried. * * * * * * Councilman Williams stated he has received a letter and petiion from homeowners in the Duncan Park area reque sting that the San-0-Lets be removed from the park immediately. Councilman Weber stated this was to be a temporary solu- tion with permanent facilities to be built in the near future. Lou Lorett, 4871 South Pennsylvania , appeared b efore Counci l and expressed her concern for the many problems being caused by the presence of the San-0-Lets. She stated that the Police are doing a good job of patrol but that removal of the San-0-Lets would help eliminate problems. Councilman Williams asked that the Police call reports for Duncan Park be mad e available for this past summer. Councilman Clayton stated that he looked into the cost of permanent facilities and found that they would cost approximately $12,000 . Councilman Clayton stated Council should find funds to build the needed facilities. COUNCILMAN WILLIAMS MOVED TO REMOVE THE SAN-0-LETS FROM DUNCAN PARK IMMEDIATELY. The motion died for lack of a second. COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THE DUNCAN PARK SAN-0-LET PROBLEM UNTIL THE SEPTEMBER 18, 1978 COUNCIL MEETING. Councilman Clayton seconded the motion • • -- I • • • September 5, 1978 Page 12 ,. • • • Dr. Charles Lovett, 4891 South Pennsylvania, appeared before Council and stated he does not see why the San-0-Let s can not be removed immedia tely. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Weber, Taylor. Council Member Williams. The Mayor declared the motion carried . Coun cilman Smith asked that cost estimates and Police call reports be presented at the next Council meeting. Mayor Taylor asked th at stricter policing of the park be carried out by the Police Department . * * * * * * Council ma n Clayton expressed two thoughts : 1) In a convers ation with a Kansas City veterinarian, he said that Kansas City has recently passed a law requiring a leash law for cats. The City should follow progress on this . 2) The intersection of Belleview and the K-Mart exit is extremely dangerous and a remedy is needed to make an exit from K-Mart easier and safer. * * * * * * Councilman Smith asked for current reports rel ating to he odor situa tion at the sewer plant . * * * * * * Councilman Smith commented on his non-attendanc e at 1 recent Downtown Development Ad Hoc Committe e meeting. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR CITY COUNCIL MEETING . Councilman Weber second ed the motion. Upon a call of he roll, the vote resulte d as follows: Ayes: Council Members Smith, Harper, Clayton, Man n, Williams, Weber, Taylor • • I • • • September 5, 1978 Page l3 Nays : None. • • • The Mayor declared the motion carried and adjourned the regular Council meeting at 9:37 p.m . '-~ .-~ neputyUcL,~ • I • • - ( • REGULAR MEETING: • • .. • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 5, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 5, 1978, at 7:30 p.m. Mayor Taylor , presiding, called the meeting to order. The invocation was given by Councilman David Clayton. The Pledge of Allegiance was led by Boy Scout Troop 192. 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 wer e: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 21, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote result ed as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 52, SERIES OF 1978 A RESOLUTION COMMENDING OLD TIMER YOUTH BASEBALL DISTRICT CHAMPIONS -HOUSE OF UPHOLSTERY. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 52, SERIES OF 1978. Councilman Mann seconded the motion. Upon a call • I • • • September 5, 1978 Page 2 • • • of the roll, the vote resulted as follow s: Ay es : Nays: Council Member Sm ith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried. Pre-scheduled visitor Karl Kerzic, sponsor for House of Upholstery, accepted the resolution and a plaque from the City presented by Mayor Taylor. Mayor Taylor presented framed resolu- tions to the team members. Mr. Kerzic thanked Council for the recognition. Deputy Ci y Clerk Johannisson said he would insure that corrections to names on the resolution would be made . * * * * * * COUNCILMAN MANN MOVED TO PROCLAIM SEPTEMBER 23, 1978 AS HUNTING AND FISHING DAY. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried. Mayor Taylor presented the proclamation to Walter Samuelson, 3855 South Lincoln. * * * * * * Councilman Clayton asked that Colbert Cushing, present a t the Council meeting, be recognized for his continuing work in developing recreation programs . * * * * * * COUNC I LMAN SMI TH MOV ED TO OP EN THE PUBL IC HEARI NG ON THE PRO POSED USE S FOR REVE NUE SHAR ING FU ND S FOR 19 79 . Counc ilma n Ma nn seconded the motion. Upon a call of the r o l L, the vote result d as fol l ows: Ayes: Council Members Smith , Harper, Clayton, Mann, Williams, Weber, Taylor • • I • • ( • September 5, 1978 Page 3 Nays : None. • • • The Mayor declared the motion carried. City Manager McCown presented the revenue sharing pro- posal for about $65 0 ,000. He stated that the staff recommendation was to put the funds into the Public Improveme nt Fund and use one half for the continuing storm drainage project and one half for the Little Dry Creek project. Mayor Taylor asked if there was anyone present wishing to speak on this matter. Oliver Giseburt, 3171 South High, appeared before Council and stated he agreed with the staff recommendation that the funds be used for the storm drainage project, a project which was supposed to be completed in 1976. Mayor Taylor asked if there was anyone else wishing to speak on this matter . No one responded. COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as fol lows : Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared the mot ion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) Minutes of the Englewood Housing Authority meeting of June 20, 1978 . Minutes of the Board of Career Servic Commis- sioners meeting of August 17, 1978 . Minutes of the Employees' Retirement Board meeting of August 22, 1978. * * * * * * City Manager McCown pr sented a memorandum from the Dir ctor of Finance concerning annexation of property in the vicinity of B lle Isle Gardens . • I • • September 5, 1978 Page 4 • • - COUNCILMAN MANN MOVED TO REFER THE ANNEXATION PETITION OF PROPERTY IN THE BELLE ISLE GARDENS TO THE COMMUNITY DEVELOPMEN T DEPARTMENT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Community Development concerning the attendance of the Hous i ng Director at the 1978 NAHRO National Conference. COUNCILMAN WEBER MOVED TO APPROVE THE OUT -OF-STATE TRIP OF RICHARD LOVE, HOUSING DIRECTOR, TO THE 1978 NAHRO NA- TIONAL CONFERENCE IN SEATTLE, IF THE HOUSING AUTHORITY APPROVES . Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Smith, Harper, Clayton , Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANC E NO. 18, SERIES OF 1978 AN ORDINANCE AMENDING SECTION 22.4-13 h., ENTITLED I-l 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 ORDINANCE NO. 18, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote r sult d as follows: Ay S : Council Members Smith, Harper, Clayton, Mann, Weber, Taylor . • I • • ....... September 5, 1978 Page 4 • • .. COUNCILMAN MANN MOVED TO REFER THE ANNEXATION PETITION OF PROPERTY IN THE BELLE ISLE GARDENS TO THE COMMUNITY DEVELOPMENT DEPARTMENT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Community Development concerning the attendance of the Hous i ng Dire ctor at the 1978 NAH RO National Conference. COUNCILMAN WEBER MOVED TO APPROVE THE OUT-OF-STATE TRIP OF RICHARD LOVE, HOUSING DIRECTOR, TO THE 1978 NAHRO NA- TIONAL CONFERENCE IN SEATTLE, IF THE HOUSING AUTHORITY APPROVES. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 18, SERIES OF 1978 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 ORDINANCE NO. 18, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion . Upon a call of the roll, the vote result d as follows: Ayes: Council Members Smith, Harper, Clayton, Mann, Weber, Taylor. • ) I • • Septemb er 5, 1978 Page 5 Nay s : • • • Council Member Will iams . The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 19, SERIES OF 1978 AN ORDINANCE APPROVING A CONTRACT BE TWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS CONCERNING THE USE OF FEDERAL FUNDS FOR THE CONSTRUCTION OF A DRAINAGE STRUCTURE AND APPROACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO. City Mana ge r McCow n stated that Urban Drainage and Flood Control would provide $29,250 and Englewood and Littleton would provide the balance. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 19, SERIES OF 1978 ON FINAL READ ING . Councilman Smith seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Coun cil Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayo r declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 20, SERIES OF 1978 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 ORDINANCE NO. 20, SE RI ES OF 1978 ON FINAL READING . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . • I • • • September 5, 1978 Page 6 Nays: None. • • • The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1978 AN ORDINANCE AUTHORI ZING THE SALE OF A CERTAIN PARCEL OF REAL PROPERTY LOCATED WITHIN THE CITY OF GREENWOOD VILLAGE, COLORADO. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 21, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE ARAPAHOE REGIONAL LIBRARY DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO . COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Mann seconded the motion. Councilman Williams noted that there were errors in Section 1 (l) and (2). Councilman Williams stated that 1978 should read 1979 . Upon a call of the roll, the vot resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann , Williams, Web r, Taylor . None. The Mayor declared the motion carried. * * * * * * • I • • - ( • September 5, 1978 Page 7 • • - INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALIAITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. City Attorney Berardini presented the bill with the changes that City Council may wish to address. He stated that State law required that a public hearing be held to adopt the Model Traffic Code. While the City's Charter does not have the same requisite, Mr. Berardini recommended that a public hearing be held. The areas which Council may wish to address are: l) U-Turns; 2) Parking meters; 3) Licensing of bicycles dealers and bicycle owners. Mr. Berardini said the City currently has a conflicting ordinance relating to U-Turns and that the City Code does not address the other two topics. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET A FEE OF $2.00 FOR THE CODE AND SCHEDULE A PUBLIC HEARING FOR OCTOBER 2, 1978 AT 7:30 P.M. Councilman Williams seconded the motion. COUNCILMAN MANN MOVED TO AMEND THE PREVIOUS MOTION BY DELETING THE SECTION PERTAINING TO U-TURNS FROM THE TRAFFIC CODE. Councilman Clayton seconded the motion. Councilman Mann stated that he wanted the current pro- hibition of U-Turns in the City to continue. Councilman Weber stated that the City must consider the motorist. Differences in this type of law from one community to another confuse motorists and is unfair. Council should adopt the Code as written. Councilman Harper stat e d that the public hearing would provide a forum to hear ob j ections. Councilman Mann withdrew his amendment and Councilman Clayton withdrew his second to the amendment. Councilman Smith stated that a public hearing was needed to insure that the City would not become involved in needless litigation because the City failed to observe State requirements for a public hearing. Several councilmen expressed concern about licensing bicycle dealers and bicycl owners • • I • • • September 5, 1978 Page 8 • • • COUNCILMAN WEBER MOVED TO OMIT THE LICENSING OF BICYCLE OWNERS AND BICYCLE DEALERS FROM THE MODEL TRAFFIC CODE . Council-man Smith seconded the motion . Councilman Smith stated that the licensing of this group would not be a popular subject to approach. In addition , it would be an unneeded burden to the City . Ayes: Nays : Council Members Web er, Smith, Taylor. Council Members Williams, Harper, Clayton, Mann. The Mayor declared the motion defeated . Upon a call of the roll, the vote on the original motion to pass the bill on first reading resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor . Council Member Weber . The Mayor declared the motion carried . * * * * * * COUNCILMAN CLAYTON MOVED TO APPROVE A PROCLAMATION PROCLAIMING SEPTEMBER 8, 1978 AS NATIONAL CANCER DAY . Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : ays: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. Council Member Smith . The Mayor declared the motion carried . * * * * * * City Attorney Berardini presented a settlement agreement between the City of Englewood, City of Littleton and the United States Treasury relating to the Bi-City Sewer Plant . COUNCILMA N SMITH MOVED TO APPROVE THE SETTLEMENT AGRE E- MENT BETWEEN THE CITY OF ENGLEWOOD, THE CITY OF LITTLETON AND THE U.S. TREASURY. Councilma n Clayton seconded the motion. City Manager explained the agreement and the City's relationship with the U.S. and HDR, the contractor • • I • - ( • September 5, 19 78 Page 9 • • - May or Taylor stated that in his op~n~on the City was "had" by the U.S. government . It is unfair that the Cities of Englewood and Littleton be fined for an accident on a project being completed under the auspices of the U.S . government. The cities are a victim of bureaucratic unfairnes s . Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Williams, Weber, Taylor . Council Member Mann . The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO WRITE A LETTER TO THE EPA EXPRESSING THE CITY COUNCIL'S DISPLEASURE WITH THE SETTLEMENT DECISION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 53, SERIES OF 1978 A RESOLUTION TO ADD THE POSITION OF DEPUTY COURT CLERK (GRADE 2) AND VIOLATIONS BUREAU CLERK (GRADE 1) TO THE CLASSIFICATION SYSTEM. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 53, SERIES OF 1978 . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as foll ows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Wil liams, Weber, Taylor . None. The Mayor declared the motion carried . * * * * * * City Manager McCown stated the City had not received any information from the group in the West Santa Fe annexation • 0 I • • September S, 1978 Page 10 • • • as of August 31, 1978 . This was the deadline established by the City . Mr . McCown recommended that services to this area be t ermi-nated. COUNCILMAN MANN MOVED TO DISCONTINUE CITY SERVICES TO THE WEST SANTA FE ANNEXATION EFFECTIVE AT 12 MIDNIGHT SEPTEMBER 8 , 1978 UNLESS SOME RESPONSE IS RECEIVED FROM THEM; AND THAT OCCUPANTS BE NOTIFI ED OF THE COUNCIL'S DECISION BY CERTIFIED MAIL. Council - man Williams seconded the motion . Upon a call of the ro l l, the vote resu lted as f ollows : Ayes: Nays: Abstain: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None . Council Member Smith. The Mayor declared the motion carried . * * * * * * City Manager McCown stated that proposed budgets will be mailed to the Council on September 14, 1978. Copies will be available at the Mayor's Coffee, and he and Bill James will be available to discuss i with interested persons . * * * * * * COUNCILMAN SMITH MOVED TO REACTIVATE THE DOG CONTROL COMMITTEE AND INCLUDE MR. AMBROSIO AND ANY OTHER INTERESTED PERSONS. Councilman Mann seconded the motion . Councilman Mann stated that he had a meeting with Mr. Ambrosio, the Assistant City Manager, and Assistant City Attorney, and recommended that City Council reconvene the Dog Control Committee. The purpose would be to evaluate our current ordinance and animal situation. Upo n a call of the roll, the vote on the motion resulted as follows: Ayes: Nays : Council M mbers Smith, Harper, Clayton, Mann, Weber, Taylor. Council Member Williams. The Mayor declared the mo ion c rri d. * * * * * * • I • • September 5, 1978 Page 11 • • • Councilma n Mann pres e nt e d a resolution backing the formation of a Downtown De velopm e nt Authority. RESOLUTION NO. 54, SERIES OF 1978 A RESOLUTION SUPPORTING THE FORMATION OF A DOWNTOWN DEVELOPMENT AUTHORITY AND PLEDGING THE CITY COUNCIL'S ACTIVE ASSISTANCE TOWARDS A SUCCESSFUL ELECTION FOR ITS FORMATION. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO . 54, SERIES OF 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vo t e resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Man n, Williams, Web e r , Taylor. Non e . The Ma y or dec la red the motion carried. * * * * * * Councilman Williams stated he has received a letter and petiion from homeowners in the Duncan Park area requesting that the San-0-Lets be removed from th e park immediately. Councilman Web e r stated this was t o be a temporary solu- tion with permanent facilities to be built in the near future. Lou Lorett, 4871 South Pennsylvania, appeared before Counc i l and e xpre ss ed h e r conc e rn for the ma n y problems be i ng caused by t h e presen ce o f t h e San-0-Lets . Sh e stat e d t hat t he Police are doing a good job of pat rol bu t that removal of the San-0-Lets would help eliminate prob lems . Councilman Williams asked that the Police call reports for Duncan Park be made available for this past summer . Councilman Clayton stated that he looked into the cost of permanent facilities and found that they would cost approximately $12,000 . Councilman Clayton stated Council should fi n d funds to build the needed facilities . COUNCILMAN WILLIAMS MOVED TO REMOVE THE SAN-0 -LETS FROM DUNCAN PARK IMMEDIATELY. The motion died for lack o f a secon d. COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THE DUNCAN PARK SAN-0-LET PROBLEM UNTIL THE SE PTEMBER 18, 197 8 COUNCIL MEETING . Councilman Clayton seconded the motion • • D I • • September 5, 1978 Page 12 • • .. Dr . Charles Lovett, 4891 South Pennsylvania, appeared before Council and stated he does not see why the San-0 -Lets can not be removed immediately . Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Weber, Taylor . Council Member Williams . The Mayor declared the motion carrie d . Councilman Smith asked that cost estimates and Police call reports be presented at the next Council meeting. Mayor Taylor asked that stricte r policing of the park be carried out by the Police Department . * * * * * * Councilman Clayton expressed two thoughts : 1) In a conversation with a Kansas City veterinarian, he said that Kansas City has recently passed a law requiring a leash law for cats . The City should follow progress on this . 2) The intersection of Bell ev iew and the K-Mart exit is extremely dangerous and a remedy is needed to make an exit from K-Mart easier and safer . * * * * * * Councilman Smith asked for current reports relating to the odor situation at the sewer plant . * * * * * * Councilman Smith commenled on his non-attendanc at a recent Dow n own Development Ad Hoc Committ e meeting. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR CITY COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote r sJl ted as follows: Ay s· Council Members Smith, Harper, Clayton, Mann, Williams, Web r, Taylor • • I • • - • September 5, 1978 Page 13 Nays : None. • • • The Mayor declared the motion carried and adjourned the regular Council meeting at 9 :37 p.m. ~~ --; "'P"'YUc;.r~ • I . ( ( • REGULAR MEETING: • • .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO Septemb e r 5 , 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 5, 1978, at 7 :30 p.m. Mayor Taylor, presiding, called the meeti ng to order. The invocation was given by Councilman David Clayton. The Pledge of Allegiance was led by Boy Scout Troop #92 . Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: 0 Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present wer e: City Manager McCo wn Assistant City Manage r Curn es City At to rn ey Berardini Deputy City Clerk Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 21, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. Nays : None . The Mayor declared the motion carried , * * * * * * RESOLUTION NO. 52, SERIES OF 1978 A RESOLUTION COMMENDING OLD TIMER YOUTH BASEBALL DISTRICT CHM1PIONS -HOUSE OF UPHOLSTERY. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 52, SERI ES OF 1978. Councilman Mann seconded the motion. Upon a call • I • • September 5, 1978 Page 2 • • • of the roll , the vote resulted as follows: Ayes: Nays: Council Member Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried . Pre-scheduled visitor Karl Kerzic, sponsor for House of Upholstery, accepted the resolution and a plaque from the City presented by Mayor Taylor. Mayor Taylor presented framed resolu- tions to the team members. Mr. Kerzic thanked Council for the recognition . Deputy City Clerk Johannisson said he would insure that corrections to names on the resolution would be made. * * * * * * COUNCILMAN MANN MOVED TO PROCLAIM SEPTEMBER 23, 1978 AS HUNTING AND FISHING DAY. Councilman Clay t on seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried. Mayor Taylor presented the proclamation to Walter Samuelson, 3855 South Lincoln. * * * * ~ * Councilman Clayton asked that Colbert Cushing, present at the Cou ncil meeting, be recognized for his continuing work in developing recreation programs. COU NCIL MAN PROPOSED USES FOR RE seconded th motion. as follows: Ayes : * * * * * * SMITH MOVED TO OPEN THE PUHLIC HEARING ON THE ENUE SHARING FUNDS FOR l97Y. Councilman Mann Upon a call of the ro1t, the vote resulted Council Member Smith , Harper, Clayton, Mann, Williams, Weber, Taylor • • I • • ( • September 5 , 1978 Page 3 Nays: None. • • • Th e Mayor declared t h e motion carried. City Manager McCown pre sented the revenue sharing pr o - posal for about $650,000. He stated that the staff recomm endation was to put the funds into the Public Improvem e nt Fund and use one half f or the continuing storm drainage pro ject and one half for the Little Dry Creek project . Mayor Taylor asked if there was anyone present wishing to speak on this matter . Oliver Giseburt , 3171 South High, appeared before Council and stated he agreed with the staff re commendation that the f unds be used for the storm drainage proj ect , a project wh ich was supposed to be completed in 1976. Mayor Taylor asked if there was anyone else wishing to speak on this matter. No one responded . COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Smith , Harper, Clayton, Mann, Williams, Weber, Taylor . None . The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) Minutes of the Englewood Housing Authority meeting of June 20, 1978 . Minutes of the Board of Career Service Commis- sioners meeting of August 17, 1978. Minutes of the Employees' Retirement Board meeting of August 22, 1978 . * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning annexation of property in the vicinity of Belle Isle Gardens. • I • • • September 5, 1978 Pag e 4 • • • COUNCILMAN MANN MOVED TO REFER THE ANNEXATION PETITION OF PROPERTY IN THE BELLE ISLE GARDENS TO THE COMMUNITY DEVELOPMENT DEPARTMENT . Counc i lman Weber seconded th e motion. Upon a call of the roll, the v ote r esulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton , Mann, Wi lliams, Weber, Taylor. Non e . The Mayor decl ared the motion carried . * * * * * * City Manag e r McCown pres e nt ed a memorandum f rom the Director of Community Dev e lopm ent co nc e rn i ng the atte ndance of the Hous i ng Dir ector at t h e 19 78 NAHRO National Confe r e nc e . COUNCILMAN WEBER MOVED TO APPROVE THE OUT-OF-ST ATE TRIP OF RIC HAR D LOVE, HOUSING DIRECTOR, TO THE 1978 NAHRO NA - TIONAL CONFERENC E IN SEATTLE, IF THE HOUSING AUTHORI TY APPROVES. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes : Nays : Council Member s Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 18, SERIES OF 1978 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 OMITT ED PHRASES IN THE ORIGINAL PAS SAGE OF ORDINANCE NO. 6 , SERIES OF 1978. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 18, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded th motion . Upon a call of the roll, th vote resulted as follows: Ay s : Council Members Smjth, Harper, Clayton, Mann, Weber, Taylor . • ) I • • • September S, 1978 Page S Nays: • • .. Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 19, SERIES OF 1978 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 CONSTRUCTION OF A DRAINAGE STRUCTURE AND APPROACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO. City Manager McCown stated that Urban Drainage and Flood Control would provide $29,250 and Englewood and Littleton would provide the balance. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 19, SERIES OF 1978 ON FINAL READING . Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 20, SERIES OF 1978 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 ORDINANCE NO. 20, SERIES OF 1978 ON FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor • • I • • • September 5, 1978 Page 6 Nays: None . • • • The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORIT Y ORDINANCE NO. 21, SERIES OF 1978 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 ORDINANCE NO . 21, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton , Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE ARAPAHOE REGIONAL LIBRARY DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING . Councilman Mann seconded th motion. Councilman Williams noted that there were errors in Section l (l) and (2). Councilman Williams stated that 1978 should read 197 9. Upon a call of the ro ll, the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Mann , Williams, Weber, Taylor . Nays : None, The ayor d clared the motion carri d. * * * * * * • I • September 5, 1978 Page 7 • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITI ON OF THE "M ODEL TRAFFIC CODE FOR COLORADO MUNICIPALIAITIES"; REPEA LI NG ALL ORDINANCES IN CONFLICT THEREWITH ; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. City Att orney Berardini presented the bill with the changes that City Council may wish to address. He stated that State law required that a publ ic hearing be held to ado pt the Model Traffic Cod e . While the City's Charter does not have the same requisite, Mr. Berardini recommended that a public hearing be held. The areas which Council may wish to address are: l) U-Turns ; 2) Parking meters; 3) Licensing of bicycles dealers and bicycle own ers. Mr . Berardini said the City currently has a conflicting ordinance relating to U-Turns and that the City Co de does not address the other two topics. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET A FEE OF $2.00 FOR THE CODE AND SCHEDULE A PUBLIC HEARING FOR OCTOBER 2, 1978 AT 7:30 P.M. Councilman Williams seconded the motion . COUNCILMAN MANN MOVED TO AMEND THE PREVIOUS MOTIO N BY DELETING THE SECTION PERTAINING TO U-TURNS FROM THE TRAFFIC CODE . Councilman Clayton seconded the motion . Councilman Mann stated that h e wanted the curren t pro-hibition of U-Turns in the City to continue. Councilman Weber stated that the City must consider the motorist. Differences in this type of law from one community to another confuse motorists and is unfair. Council should adopt the Code as writt n . Councilman Harp r stated that the public hearing would provide a forum to hear objections. Councilman Mann withdrew his amendment and Councilman Clayton withdrew his second to the amendment. Councilman Smith stated that a public hearing was needed to insure that th City would not become involved in needless litigation because the City failed to observe State requirements for a public hearing. Several councilm n expressed concern about licensing bicycle dealers and bicycle owners . • I • • • September 5, 1978 Page 8 • • • COUNCILMAN WEBER MOVED TO OMIT THE LICENSING OF BICYCLE OWNERS AND BICYCLE DEALERS FROM THE MODEL TRAFFIC CODE. Co uncil- man Smith seconded the motion. Councilman Smith stated that the licensing of this group would not be a popular subject to approach . I n ad d ition, i t would be an unneeded burden to th e City. Ayes: Nays : Council Members Weber, Smith, Taylor . Council Members Williams, Harper, Clayto n, Mann. The Mayor declared the motion defeated . Upon a call of the roll, the vote on the original moti o n to pass the bill on fir st reading resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. Council Member Weber . The Mayor declared the motion carried. * * * * * * COUNCI LMAN CLAYTON MOVED TO APPROVE A PROCLAMATION PR OCLAIMING SEPTEMBER 8, 1978 AS NATIONAL CANCER DAY . Cou nc i l- man Mann s econded the mot ion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . Council Member Smith. The Mayor declared the motion carried . * * * * * * City At orney Berardini presented a settlement agreement be ween the City of Englewood, City of Littleton and the United States Treasury relating to the Bi-City Sewer Plant . COUNCILMAN SMITH MOVED TO APPROVE THE SETTLEMENT AGRE E- MENT BETWEEN THE CITY OF ENGLEWOOD, THE CITY OF LITTLETON AND THE U.S . TREASURY. Councilman Clayton seconded the motion. City Manager explain d the agreement and the City's relationship wi th the U.S. and HDR , th contractor . • I • ( • • • • September 5, 1978 Page 9 Mayo r Taylor stated that in his op~n~on the City was "had" by the U.S. government. It is unfair that the Cities of Englewood and Littleton be fined for an accident on a pro ject being completed under the auspices of the U.S. government. The cities are a victim of bureauc ratic unfairness . Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays : Coun cil Members Smith, Harper, Clayton, Williams, Weber, Taylor . Council Member Mann . The Mayor decl ared the motion c arrie d. * * * * * * COUNCILMAN SMITH MOVED TO WRITE A LETTER TO THE EPA EXPRESSING THE CITY COUNCIL'S DISPLEASURE WITH THE SETTLEMENT DECISION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: I Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. Non e . The Mayor declared the motion carried . * * * * * * RESOLUTION NO . 53, SERIES OF 1978 A RESOLUTION TO ADD THE POSITION OF DEPUTY COURT CLERK (GRADE 2) AND VIOLATIONS BUREAU CLERK (GRADE 1) TO THE CLASSIFICATION SYSTEM . COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 53, SERIES OF 1978. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried . * * * * * * City Manager McCown stated the City had not received any information from the gr~up in the West Santa Fe annexation • I • • September 5, 1978 Page 10 • • - as of August 31, 1978 . This was the deadline established by the City. Mr. McCown re comme nded that services to this area be termi-nated . COUNCILMAN MANN MOVED TO DISCONTINUE CITY SERVICES TO THE WEST SANTA FE ANNEXATION EFFECTIVE AT 12 MIDNIGHT SEPTEMBER 8, 1978 UNLESS SOME RESPONSE IS RECEIVED FROM THEM; AND THAT OCCUPANTS BE NOTIFIED OF THE COUNC IL'S DECISION BY CERTIFIED MAIL. Council- man Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . None . Council Member Smith . The Mayor declared the motion carried . * * * * * * City Manager McCown stated that proposed budgets will be mailed to the Council on September 14, 1978. Copies will be available at the Mayor's Coffee, and he and Bill James will be available to dis cuss it with interested persons . * * * * * * COUNCILMAN SMITH MOVED TO REACTIVATE THE DOG CONTROL COMMITTEE AND INCLUDE MR. AMBROS IO AND ANY OTHER INTERESTED PERSONS. Councilman Mann seconded the motion. Councilman Mann stated that he had a meeting with Mr. Ambrosio, the Assistant City Manager, and Assistant City Attorney, and recommended that City Council reconvene the Dog Control Committee. The purpose would be to valuate our current ordinance and animal situation. Upo n a call of th roll, the vote on the motion r sulted as follows: Ayes: Nays: Council M mbers Smith, Harper, Clayton, Mann, WPber, Taylor. Council Member Williams. Th Mayor declared th motion carri d . * * * * * * • I • • September 5, 1978 Page 11 .. • • • Councilman Mann presented a resolution backing the formation of a Downtown Development Authority . RESOLUTION NO. 54, SERIES OF 1978 A RESOLUTION SUPPORTING THE FORMATION OF A DOWNTOWN DEVELOPMENT AUTHORITY AND PLEDGING THE CITY COUNCIL'S ACTIVE ASSISTANCE TOWARDS A SUCCESSFUL ELECTION FOR ITS FORMATION. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 54, SERIES OF 1978. Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * Counc ilman Williams stated he has received a letter and petiion from homeowners in the Duncan Park area requesting that the San-0-Lets be removed from the park immediately. Councilman Weber stated this was to be a temporary solu- tion with permanent facilities to be built in the near future. Lou Lorett, 4871 South Pennsylvania, appeared before Council and expressed her concern for the many problems being caused by the presence of the San-0-Lets. She stated that the Police are doing a good job of patrol but that removal of the San-0-Lets would help eliminate problems. Councilman Williams asked that the Police call reports for Duncan Park be made available for this past summer. Councilman Clayton stated that he looked into the cost of permanent facilities and found that they would cost approximately $12,000. Councilman Clayton stated Council should find funds to build the needed facilities. COUNCILMAN WILLIAMS MOVED TO REMOVE THE SAN-0-LETS FROM DUNCAN PARK IMMEDIATELY. The motion died for lack of a second. COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THE DUNCAN PARK SAN-0-LET PROBLEM UNTIL THE SEPTEMBER 18, 1978 COUNCIL MEETING. Councilman Clayton seconded the motion • • I • • • September 5, 1978 Page 12 • • • Dr. Charles Lovett, 4891 South Pennsylvania, appeared before Council and stated he does not see why the San-0-Lets can not be remo ved immediately. Upon a call of the r oll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harp er , Clayton, Mann, Weber, Taylor . Council Member Willia ms . The Mayor declared the motion carried . Councilman Smith asked that cost estimates and Police call reports be prese nt ed at the next Council m eting . Mayor Taylor asked that stricter policing of the park be carried out by the Police Department. * * * * * * Councilman Clayton expressed two thoughts : l) In a conversation with a Kansas City veterinarian, he said that Kansas City has recently passed a law requiring a leash law fo r cats. The City should follow progres s on this . 2 ) The intersection of Bell ev iew and the K-Mart exit is extremely dangerous and a remedy is needed to make an exit fro m K-Mart easier and safer . **'~*** Councilman Smith asked for current reports rel ating to the odor situation at the sewer plant. * * * * * * Councilman Smith commented on his non-attendance at a recent Downtown Development Ad Hoc Committ e meeting. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGUL AR CITY COUNCIL MEETING. Co unc ilman Weber seconded the motion. Upon a call of the roll, the vote res 1lted as follows: Ayes: Council Members Smith, Harper , Clayton, Mann, Willi ams, Weber, Taylor • • I • • ( ( • September 5, 1978 Page 13 Nays: None. • • • The Hayor declared the motion carried and adjourned the regular Council meeting at 9:37 p.m. ~ij£ -·~ D•putyUc~.r~ • I . ( ( • REGULAR MEETING: • • .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 5, 1978 Th e City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 5, 1978, at 7 :30 p .m. Mayor Taylor, presiding, called the meeting to order . The invocation was given by Councilman David Clayton. The Pledge of Allegiance was led by Boy Scout Troop #92 . Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent : None. The Mayor declared a quorum present . * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 21, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 52, SERIES OF 1978 A RESOLUTION COMMENDING OLD TIMER YOUTH BASEBALL DISTRICT CHAMPIONS -HOUSE OF UPHOLSTERY. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 52, SER ~ES OF 1978. Councilman Mann seconded the motion. Upon a call • I • • n • September 5, 1978 Page 2 • • .. of the roll, the vote result ed as follows: Ayes: Nays: Council Member Smith, Harper, Clayton, Mann, Williams , Weber, Taylor. None. The Mayor declared the motion carried. Pre-scheduled visitor Karl Kerzic, sponsor for House of Upholstery, accepted the resolution and a plaque from the City presented by Mayor Taylor. Mayor Taylor presented framed resolu- tions to the team members. Mr. Kerzic thanked Council for the recognition. Deputy City Clerk Johannisson said he would insure that correct ions to names on the resolution would be made . * * * * * * COUNCILMAN MANN MOVED TO PROCLAIM SEPTEMBER 23, 1978 AS HUNTING AND FISHING DAY. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. Mayor Ta ylo r presented the proclamation to Walter Samuelson, 3855 South Lincoln. * * * * * * Councilman Clayton asked that Colbert Cushing, present at the Council meeting, be recognized for his continuing work in developing recreation programs. * * * * * * COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEARING ON THE PROPOSED USES FOR REVENUE SHARING FUNDS FOR l97Y . Councilman Mann seconded th motion . Upon a call of the roli, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor • • I • • September 5, 1 978 Page 3 Nays: None. • • • The Mayor declared the motion carried. City Manager McCown presen t ed the revenue sharing pro- posal for a bout $65 0 ,000. He stat e d that the staff recomm endation was to put the funds i n to the Publ ic Improvement Fund and us e one half for the continuing storm drainage project a n d one half for the Little Dry Creek project. Mayor Taylor asked if there was anyone present wish ing to speak on this matter. Oliver Giseburt, 3171 South High, appea red before Counc il and stated he agreed with the staff recommendation that the funds be used for the storm drainage project , a project which was supposed to be completed in 1976. Mayor Taylor asked if there was anyone else wishing to speak on this matter. No one r esponded. COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Counc il Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None . Th e Mayor declared the motion ca rr ied . * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) Minutes of the Englewood Housing Authority meeting of June 20, 1978 . Minutes of the Board of Career Service Commis- sioners meeting of August 17, 1978 . Minutes of the Employees' Retirement Board meeting of August 22, 1978 . * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning annexation of property in the vicinity of Belle Isle Gardens. • I • • Se pt ember 5, 1978 Page 4 • • • COUNCILMA N MA NN MOVED TO REFER THE ANNEXA TION PETI TION OF PRO PE RT Y I N THE BELLE ISLE GARDENS TO THE COMMUN I TY DEVEL OPMENT DEPARTMEN T . Co un cilman Web e r s e cond e d th e mot i on. Upon a call o f th e r o l l , t he vo t e r e s u lt e d as f ol lows : Ay es : Nays : Council Members Smith, Harper, Clayton, Mann, Wi lliams , We ber, Ta y lor. No n e . Th e Ma y or d eclared the motion c arr i e d . * * * * * * City Man ager McCown presented a mem or a ndum f r om t h e Di re cto r of Community Development conce rn i ng the a t t end a n ce of the Hou s i ng Di r ector at the 1978 NAHR O Natio nal Con fe r e nc e . CO UNCI LMA N WEBE R MOVE D TO APPROVE THE OUT-OF-STATE TRIP OF RICHARD LOVE, HOUS I NG DIRECTOR, TO THE 1978 NAHRO NA- TIONAL CONFEREN CE IN SEATTLE, IF THE HOUSING AUTHORITY APPROVES . Councilman Harper se c o nd e d t he motion. Upon a call of the rol l , the vot e resulted as fol lows: Aye s: Nays : Cou n ci l Member s Smith, Ha rper, Clayton, Ma nn , Wi l liams , Web e r, Taylor. None . The Mayo r decla r e d the motion carr ied. * * * * * * INTRODUCE D AS A BILL BY COUNCILMAN SMIT H BY AU THORITY ORDINANCE NO. 18, SERIES OF 1978 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 I NCLUDING OMITTED PHRASES IN THE ORIGINAL PASSAGE OF OR DI NAN CE NO. 6, SERIES OF 1978 . COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 18, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion. Upo n a call of the roll, the vote resulted as follows: Ayes : Cou n cil Memb rs Smith, Harper, Clayton, Mann, Weber, Taylor • • ) I • • ( September 5, 1978 Page 5 Nays: • • - Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 19, SERIES OF 1978 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 CONSTRUCTION OF A DRAINAGE STRUCTURE AND APPROACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO. City Manager McCown stated that Urban Drainage and Flood Control would provide $29,250 and Englewood and Littleton would provide the balance. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 19, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber , Taylor . None . The Mayor declared the motion carri ed . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 20, SERIES OF 1978 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, LITTLETON, COLORADO AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRI CT CONCERNI NG THE REPLACEMENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 20, SERIES OF 1978 ON FINAL READING. Councilman Mann se conded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Har per, Clayton, Mann, Williams, Weber, Taylor • • I • • September 5, 1978 Page 6 Nays: None. • • - The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1978 AN ORDINANCE AUTHORIZING THE SALE OF A CERTAIN PARCEL OF REAL PROPERTY LOCATED WITHI N THE CITY OF GREENWOOD VILLAGE, COLORAD O. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 21, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declar ed the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE ARAPAHOE REGIONAL LIBRARY DISTR ICT AND THE CITY OF ENGLEWOOD, COLORADO . COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Mann s conded the motion . Councilman Williams noted that th re were errors in Section l (l) and (2). Counc i lman Williams stated that 1978 should read 1979 . Upon a ca ll of th e r oll, the vot resulted as follows : Ay e s : Nays : Council Members Smith, Harper, Clayton, Mann , Williams, Weber, Taylor . None . The Mayor d clared the motion carri d. * * * * * * • ) I • • ( • September 5, 1978 Page 7 • • • INTR ODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALIAITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. City Attorney Berardini presented the bill with the changes that City Council may wish to address. He stated that State law required that a public hearing be held to adopt the Model Traffic Code. While the City's Charter does not have the same requisite, Mr . Berardini recommended that a public hearing be held. The areas which Council may wish to address are: 1) U-Turns; 2) Parking meters; 3) Licensing of bicycles dealers and bicycle owners. Mr . Berardini said the City currently has a conflicting ordinance relating to U-Turns and that the City Code does not address the other two topics . COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET A FEE OF $2 .00 FOR THE CODE AND SCHEDULE A PUBLIC HEARING FOR OCTOBER 2, 1978 AT 7:30 P.M. Councilman Williams seconded the motion. COUNCILMAN MANN MOVED TO AMEND THE PREVIOUS MOTION BY DELETING THE SECTION PERTAINING TO U-TURNS FROM THE TRAFFIC CODE. Councilman Clayton seconded the motion. Councilman Mann stated that he wanted the current pro- hibition of U-Turns in the City to continue. Councilman Weber stated that the City must consider the motorist. Differences in this type of law from one community to another confuse motorists and is unfair. Council should adopt the Code as written. Councilman Harper stated that the public hearing would provide a forum to hear objections. Councilman Mann withdrew his amendment and Councilman Clayton withdrew his second to the amendment. Councilman Smith stated that a public hearing was needed to insure that the City would not become involved in needless litigation because the City failed to observe State requirements for a public hearing. Several councilmen expressed concern about licensing bicycle dealers and bicycle owners. • I • • September 5, 1978 Page 8 • • • COUNCILMAN WEBER MOVED TO OMIT THE LICENSING OF BI CYCLE OWNERS AND BICYCLE DEALERS FROM THE MODEL TRAFFIC CODE . Council-man Smith seconded the motion . Councilman Smith stated that the licensing of this group would not be a popular subject to approach. In addition , it would be an unneeded burden to the City. Ayes: Nays: Council Members Weber, Smith, Taylor. Council Members Williams, Harper, Clayton, Mann . The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion to pass th e bill on first reading resulted as f ollows : Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor . Council Member Weber . The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO APPROVE A PROCLAMATION PROCLAIMING SEPTEMBER 8, 1978 AS NATIONAL CANCER DAY . Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Harper, Clayton, Mann, Williams, Weber, Taylor . Council Member Smith . The Mayor declared the motion carried . * * * * * * City Attorney Be r ardini presented a settlement agreement between t h e City of Englewood, City of Littleton and the United States Treasury relati ng to the Bi-City Sewer Plant. COUNCILMAN SMITH MOVED TO AP PROV E THE SETTLEMENT AGRE E- MENT BETWEEN THE CITY OF ENGLEWOOD, THE CI TY OF LITTLETON AND THE U.S. TREASURY. Council man Clayton seconded the motion. City Manager explained the agreement and the City 's rela tionship with the U.S. and HDR, th contractor • • a I • • • September 5, 1978 Page 9 • • - Mayor Taylor stated that in his op~n~on the City was "had" by the U.S. government. It is unfair that the Cities of Englewood and Littleton be fined for an accident on a project being completed under the auspices of the U.S. government. The cities are a victim of bureaucratic unfairness. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Williams, Weber, Taylor. Council Member Mann. The Mayor declared the motion carried . * * * * * * COUNCILMAN SMITH MOVED TO WRITE A LETTER TO THE EPA EXPRESSING THE CITY COUNCIL'S DISPLEASURE WITH THE SETTLEMENT DECISION. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as fol lows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 53, SERIES OF 1978 A RESOLUTION TO ADD THE POSITION OF DEPUTY COURT CLERK (GRADE 2) AND VIOLATIONS BUREAU CLERK (GRADE l) TO THE CLASSIFICATION SYSTEM. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 53, SERIES OF 1978. Councilman Ma~n seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown stated the City had not received any information from the group in the West Santa Fe annexation • I • • September 5, 1978 Page 10 • • .. as of August 31, 1978. This was the deadline established by the City . Mr. McCown recommended that services to this area be termi-nated. COUNCILMAN MANN MOVED TO DISCONTINUE CITY SERVICES TO THE WEST SANTA FE ANNEXATION EFFECTIVE AT 12 MIDNIGHT SEPTEMBER 8, 1978 UNLESS SOME RESPONSE IS RECEIVED FROM THEM; AND THAT OCCUPANTS BE NOTIFIED OF THE COUNCIL'S DECISION BY CERTIFIED MAIL . Cou nc il- man Williams seconded the motion. Upon a call of the r oll, the vote resulted as f ollows: Ayes: Nays: Abstain: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None . Council Member Smith . The Mayor declared the motio n carried. * * * * * * City Manager McCown stated that proposed budgets will be mailed to the Council on September 14, 1978 . Copies will be available at the Mayor's Coffee, and he and Bill James will be available to discuss it with interested persons . * * * * * * COUNCILMAN SMITH MOVED TO REACTIVATE THE DOG CONTROL COMMITTEE AND INCLUDE MR . AMBROSIO AND ANY OTHER INTERESTED PERSONS. Councilman Mann seconded the motion. Councilman Mann stated that he had a meeting with Mr. Ambrosio, the Assistant City Manager, and Assistant City Attorney, and recommended that City Council reconvene the Dog Control Committee . The purpose would be to evaluate our current ordinance and animal situation. Upon a call of th roll , the vote on the motion r sulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Weber, Taylor. Council Member Williams. Th Mayor declared the motion carried. * * * * * * • I • - ( • September 5, 197 8 Page ll • • - Counc ilman Mann presented a resolution backing the formation of a Downtown Development Authority. RESOLUTION NO. 54, SERIES OF 1978 A RESOLUTION SUPPORTING THE FORMATION OF A DOWNTOWN DEVELOPMENT AUTHORITY AND PLEDGING THE CITY COUNCIL'S ACTIVE ASSISTANCE TOWARDS A SUCCESSFUL ELECTION FOR ITS FORMATION. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 54, SERIES OF 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * Councilman Williams stated he has received a letter and petiion from homeowners in the Duncan Park area requesting that the San-0-Lets be removed from the park immediately. Councilman Weber stated this was to be a temporary solu- tion with permanent facilities to be built in the near future. Lou Lorett, 4871 South Pennsylvania, appeared before Council and expressed her concern for the many problems being caused by the presence of the San-0 -L ets. She stated that the Police are doing a good job of patrol but that removal of the San-0-Lets would help eliminate problems. Councilman Williams asked that the Police call reports for Duncan Park be made available for this past summer, Councilman Clayton stated that he looked into the cost of permanent facilities and found that they would cost approximately $12,000. Councilman Clayton stated Council should find funds to build the needed facilities . COUNCILMAN WILLIAMS MOVED TO REMOVE THE SAN-0-LETS FROM DUNCAN PARK IMMEDIATELY . The motion died for lack of a second. COUNCILMAN SMITH MOV ED TO POSTPONE ACTION ON THE DUNCAN PARK SAN-0-LET PROBLEM UNTIL THE SEPTEMBER 18, 1978 COUNCIL MEETING, Councilman Clayton seconded the motion • • ) I • • • September 5, 1978 Page 12 • • - Dr. Charles Lovett, 4 89 1 South Pennsylvania, appeared bef or e Council and s ated he does not see why the San-0 -Lets can not be removed immediately . Upon a call of the roll, the vote on the motion resulted a s follows: Ayes: Nays: Co uncil Members Smith, Harper, Clayton , Mann, Weber , Taylor. Council Member Wi l liams . The Mayor declared the motion carried. Councilman Smith asked that cost estimates and Police cal l reports be presented at the next Council meeting. Mayor Taylor asked that stricter policing of the park be carried out by the Police Department . * * * * * * Councilman Clayton expressed two thoughts : l) In a conversation with a Kansas City veterinarian, he said that Kansas City has recently passed a la w requiring a leash law for cats. The City should follow progress on this . 2) The intersection of Bell~view and the K-Mart exit is extremely dangerous and a r emedy is needed to make an exit from K-Mart easier and safer. * * * * * * Councilman Smith asked for current reports relating to the odor situation at the sewer plant. * * * * * * Councilman Smith comment d on his non-attendance at a recent Downtown Development Ad Hoc Committ e meeting . * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR CITY COUNCIL MEETING. Councilman Weber seconded the motion. Uron a call of Lhe roll, the vote resJlted as follows: Ay s: Council Members Smith, Harp r, Clayton, Mann, Williams, Weber, Taylor • • I • • - ( • September 5, 1978 Page 13 Nays: None. • • • The Mayor declared the motion carried and adjourned the regular Council meeting at 9 :37 p.m. ~£(f. .. -.. Deputydt;c~.;~ • I . ( • REGULAR MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO S e pt em b e r 5, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Sept ember 5 , 1978, at 7 :30 p.m. Mayor Taylor , presiding, called the meeting t o o rder. The invocation was given by Councilman David Cl ayton. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Ta y l or ask e d for roll call. Upon a c all o f th e ro ll , the f ollow i n g wer e present : Counc i l Me mb e rs Wil l i ams , Webe r, Sm i th , Har per, Clayton, Mann, Ta ylor . Absent : Non e . The Mayor dec l ar e d a quorum pr e sent. * * * * * * Also present wer e: Ci ty Manager McCown As sistant City Manager Curnes City Attorney Bera rdini De puty City Cl erk Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APP RO VE THE MINUTES OF THE REGULAR MEETING OF AUGUST 21, 1978 . Councilman Harper secon ded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Har per, Clayton, Mann, Williams, Weber, Taylor . None . The Mayor declared the motion carried . * * * * * * RESOLUTION NO. 52, SERIES OF 1 9 78 A RESOLUTI ON COMMENDING OLD TIMER YOUTH BASEBALL DISTRICT CHAMPIONS -HOUSE OF UPHOLSTE RY. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 52, SERIES OF 1978. Councilman Mann seconded the motion. Upon a call • I • • • September 5, 1978 Page 2 • • • of the roll , the vote resulted as follows: Ayes: Nays: Council Member Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declar d the motion carried. Pre-schedu led visitor Karl Kerzic, sponsor for House of Upholstery, accepted the res olution and a plaque from the City presented by Mayor Taylor. Mayor Taylor presented framed resolu- tions to the team members. Mr. Kerzic thanked Council for the recognition. D puty City Clerk Johannisson said he would insure that corrections t o na mes on the resolution would be made . * * * * * * COUNCILMAN MANN MOVED TO PROCLAIM SEPTEMBER 23, 1978 AS HUNTING AND FISHING DAY. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Web er, Taylor. None. The Mayor declared the motion carried. Mayor Taylor presented the proclamation to Walter Samuelson, 3855 South Lincoln. * * * * * * Councilman Clayton asked that Colbert Cushing, present at the Council meeting, be recognized for his continuing work i n developing recreation programs. * * * * * * COUNCILMAN SMITH MOVED TO OPEN THE PUPLIC HEARING ON THE PROPOSED USES FOR REVENUE SHARING FUND FOR 197~. Cou nci lman Mann seconded the motion. Upon a call of Lhe r olL , th vo r~sulted as follows: Ayes : Council M mb rs Smith, Harper, Clayton, Mann, Williams, W ber, Taylor • • I • • - ( ( • September 5, 1978 Page 3 Nays : None. • • • The Mayor declared the motion carried. City Manager McCown presented the revenue sharing pro- posal for about $650,000. He stated that the staff r ecommendation was to put the funds into the Public Improvement Fund and use one half for the continuing storm drainage project and one half fo r the Little Dry Creek project. Mayor Taylor asked if there was anyone present wishing to speak on this matter. Oliver Giseburt, 3171 South High, appeared before Council and stated he agreed with the staff recommendat ion that the funds be used for the storm drainage project, a project which was supposed to be completed in 1976. Mayor Taylor asked if there was anyone else wishing to speak on this matter . No one responded. COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were receiv ed: (a) (b) (c) Minutes of the Englewood Housing Authority meeting of June 20, 1978 . Minutes of the Board of Car er Service Commis- sioners meeting of August 17, 1978. Minutes of the Employees' Retirement Board meeting of August 22, 1978. * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning annexation of property in the vicinity of Belle Isle Gardens. • I • • September 5, 1978 Page 4 • • • COUNCILMAN MANN MOVED TO REFER THE ANNEXATION PETITION OF PROPERTY IN THE BELLE ISLE GARDENS TO THE COMMUNITY DEVELOPMENT DEPARTMENT. Councilman Weber seconded the motion . Upon a ca ll of the roll , the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayt on , Mann, Williams, Weber, Taylor. Non e . The Mayor declar ed the motion carried. * * * * * * City Manager McCown presented a memorandum from the Director of Community Development concerning the attendance of the Housing Director at thP 1978 NAHRO National Conference . COUNCILMAN WEBER MOVED TO APPROVE THE OUT-OF-STATE TRIP OF RICHARD LOVE, HOUSING DIRECTOR, TO THE 1978 NAHRO NA- TIONAL CONFERENCE IN SEATTLE, IF THE HOUSING AUTHORITY APPROVES . Councilman Harpe r seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None . The Mayor declared th motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORIT Y ORDINANCE NO. 18, SERIES OF 1978 AN ORDINANCE AMENDING SECTIOt 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 ORDINANCE NO. 18, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ay s · Council M mbers Smith, Harper, Clayton, Mann, W ber, Taylor • • 0 I • • - ( September 5, 1978 Page 5 Nays: • • - Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 19, SERIES OF 1978 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 CONSTRUCTION OF A DRAINAGE STRUCTURE AND APPROACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO. City Manager McCown stated that Urban Drainage and Flood Control would provide $29,250 and Englewood and Littleton would provide the balance. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO . 19, SERIES OF 1978 ON FINAL READING . Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 20, SERIES OF 1978 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 ORDINANCE NO. 20, SERIES OF 1978 ON FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Counc i l Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor • • I • • • September 5, 1978 Page 6 Nays: None. • • .. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1978 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 ORDINANCE NO. 21, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton , Mann, Williams, Weber, Taylor . None . The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE ARAPAHOE REGIONAL LIBRARY DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Mann seconded the motion. Councilman Williams noted that there were errors in Section l (1) and (2). Councilman Williams stated that 1978 should read 1979 . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None, The Mayor declared the motion carried. * * * * * * • I • - September 5, 1978 Page 7 • • - INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ADOPTING BY REFERENC E THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALIAITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH ; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. City Attorney Berardini presented the bill with the changes that City Council may wish to address. He stated that State law required that a public hearing b e held to adopt the Model Traffic Code. While the City's Chart e r does not have the same requisite, Mr. Berardini recommended that a public hearing be held. The areas which Council may wish to address are: 1) U-Turns ; 2) Parking meters; 3) Licensing of bicycles dealers and bicycl e owners. Mr. Berardini said the City currently has a conflicting ordinance relating to U-Tu rns and that the City Code does not address the other two t opics. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET A FEE OF $2.00 FOR THE CODE AND SCHEDULE A PUBLIC HEARING FOR OCTOBER 2, 1978 AT 7 :30 P.M. Councilman Williams seconded the motion. COUNCILMAN MANN MOVED TO AMEND THE PREVIOUS MOTION BY DELETING THE SECTION PERTAINING TO U-TURNS FROM THE TRAFFIC CODE. Councilman Clayton seconded th e motion. Councilman Mann stated that he wanted the current pro- hibition of U-Turns in the City to continue . Councilman Weber stated that the City must consider the motorist . Differences in this type of law from one community to another confuse motorists and is unfair. Council should adopt the Code as written. Councilman Harper stated that the public hearing would provide a forum to hear objections. Councilman Mann withdrew his amendment and Councilman Clayton withdrew his second to the amendment. Councilman Smith stated that a public hearing was needed to insure that the City would not become involved in needless litigation because the City failed to observe State requirements for a public hearing. Several councilmen expressed concern about licensing bicycle dealers and bicycle owners. • I • • September 5, 1978 Page 8 • • • COUNCILMAN WEBER MOVED TO OMIT THE LICENSING OF BICYCLE OWNERS AND BICYCLE DEALERS FROM THE MODEL TRA FFIC CODE. Council-man Smith seco nded the motion. Councilman Smith stated that the licensing of this group would not be a popular subject to approach . In addition, it would be an unneeded burden to the City. Ayes: Nays: Council Members Weber, Smith , Taylor. Council Members Williams, Harper, Clayton, Mann. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion to pass the bill on first reading resulted as follows: Ayes: Nays: Coun cil Members Smith, Harper, Clayton, Mann, Williams, Taylor . Council Member Weber . The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO APPROVE A PROCLAMATION PROCLAIMING SEPTEMBER 8, 1978 AS NATIONAL CANCER DAY. Council- man Mann seconded the motion. Upon a call of the ro ll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williams , Weber, Taylor . Council Member Smith. The Mayor declared the motion carried. * * * * * * Cily Attorney Berardini presented a sett lement agreement between th City of EnglewooJ, City of Littleton and the United States Treasury relating to the Bi-City Sewer Plant . COUNCILMAN SMITH MOVED TO APPROVr: THE SETTLEMENT AGRn:- MENT BETWEEN THE CITY OF ENGLEHOOD, THE CITY OF LITTLETON AND THE U.S . TREASURY. Councilman Clayton second d the motion. City Manager exp lained the agr ement and th City's r la ionship wi th he U.S. and HDR, th con ractor • • I • ( • September 5, 1978 Page 9 .. • • • May or Taylor stat e d that in his oplnlon the City was "had" by the U.S. government. I t i s unfair that t he Cities of Englewood and Littleton be fi n ed fo r an accident on a project being completed under the auspices of the U.S . governme n t . The cities are a victim of bureaucratic unfairness. Upon a call of the roll, the vote on t he motion re sulted as follows: Ayes: Nays : Council Members Smith, Harper , Clayton, Williams , Weber, Taylor . Council Member Mann. The Mayor decla red th e motion c a r ri ed. * * * * * * COUNCILMAN SMITH MOV ED TO WRITE A LETTER TO THE EP A EXPRESSING THE CITY COUNCIL'S DISPLEASURE WITH THE SETTL EMENT DECISION. Councilman Ma nn seconded the motion . Upon a call of the r o ll, the vote resulted as f ol l ows : Ayes : Nays : Council Members Smith, Harper, Clayton , Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried . * * * * * * RESOLUTION NO. 53, SERIES OF 1978 A RESOLUTION TO ADD THE POSITION OF DEPUTY COURT CLERK (GRADE 2) AND VIOLATIONS BUREAU CLERK (GRADE l) TO THE CLASSIFICATION SYSTEM. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO . 53, SERIES OF 1978. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried . * * * * * * City Manager McCown stated the City had not received any information from the group in the West Santa Fe annexation • 0 I • • • September 5, 1978 Page 10 • • • as of August 31, 1978. This was the deadline established by the City. Mr . McCown recommended that services to this area be termi-nated . COUNCILMAN MANN MOVED TO DISCONTINUE CITY SERVICES TO THE WEST SANTA FE ANNEXATION EFFECTIVE AT 12 MIDNIGHT SEPTEMBER 8, 1978 UNLESS SOME RESPONSE IS RECEIVED FROM THEM; AND THAT OCCUPANTS BE NOTIFIED OF THE COUNCIL'S DECISION BY CERTIFIED MAIL. Council- man Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Abstain: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager McCown stated that proposed budgets will be mailed to the Council on September 14, 1978. Copies will be available at the Mayor's Coffee, and he and Bill James will be available to discuss it with interested persons. * * * * * * COUNCILMAN SMITH MOVED TO REACTIVATE THE DOG CONTROL COMMITTEE AND INCLUDE MR . AMBROSIO AND ANY OTHER INTERESTED PERSONS. Councilman Man n seconded the motion. Councilman Ma n n stated that he had a meeting with Mr. Ambrosio, the Assistant City Manager, and Assistant City Attorney, and recommended that City Council reconvene the Dog Control Committee. The purpose would be to evaluate our current ordinance and animal situation . Upon a call of th roll, the vote on the motion resulted a s follows: Ayes: Nays: Council Members Smith, Harper, Cl ayton, Mann, Weber, Taylor. Council Member Williams. The Mayor declared the motion carried. * * * * * * • I • • ( • ( • September 5, 1978 Page 11 • • • Councilman Mann presented a resolution backing the formation of a Downtown Development Authority. RESOLUTION NO. 54, SERIES OF 1978 A RESOLUTION SUPPORTING THE FORMATION OF A DOWNTOWN DEVELOPMENT AUTHORITY AND PLEDGING THE CITY COUNCIL'S ACTIVE ASSISTANCE TOWARDS A SUCCESSFUL ELECTION FOR ITS FORMATION. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 54, SERIES OF 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * Councilman Williams stated he has received a letter and petiion from homeowners in the Duncan Park area requesting that the San-0-Lets be removed from the park immediately. Councilman Weber stated this was to be a temporary solu- tion with permanent facilities to be built in the near future. Lou Lorett, 4871 South Pennsylvania, appeared before Council and expressed her concern for the many problems being caused by the presence of the San-0-Lets. She stated that the Police are doing a good job of patrol but that removal of the San-0-Lets would help eliminate problems. Councilman Williams asked that the Police call reports for Duncan Park be made available for this past summer. Councilman Clayton stated that he looked into the cost of permanent facilities and found that they would cost approximately $12,000. Councilman Clayton stated Council should find funds to build the needed fac lities. COUNCILMAN WILLIAMS MOVED TO REMOVE THE SAN-0-LETS FROM DUNCAN PARK IMMEDIATELY. The motion died for lack of a second . COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THE DUNCAN PARK SAN-0-LET PROBLEM UNTIL THE SEPTEMBER 18, 1978 COUNCIL MEETING. Councilman Clayton seconded the motion • • I • • - • September 5, 1978 Page 12 .. • • • Dr. Charles Lovett, 4891 South Pennsylvania, appeared before Council and stated he does not see why the San-0-Lets can not be removed immediat ely . Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Weber , Taylor . Council Member Williams . The Mayor declared the motion carried. Councilman Smith asked that cost estimates and Police call reports be presented at the next Council meeting. Mayor Taylor asked that stricter policing of the park be carried out by the Police Depa rtment. * * * * * * Councilman Clayton expressed two thoughts: l) In a conversation with a Kansas City veterina rian, he said that Kansas City has recently passed a law requiring a leash law for cats. The City should follow progress on this . 2) The intersection of Bell~view and the K-Mart exit is extremely dangerous and a remedy is needed to make an exit from K-Mart easier and safer. * * * * * * Councilman Smith asked for current reports relating to the odor situation at the sewer plant. * * * * * * Councilman Smith commented on his non-attendanc at a r ece nt Do~o.D town Development Ad Hoc Committ e meeting. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR CITY COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote re F 1lted ns follows: Ayes: Council Members Smith, Harper, Clayton, Mann, Williams, W b•r, Taylor • • I • • ( • September 5 , 1978 Page 13 Nays : Non e . • • • The Mayor declared the motion carried and adjourned the regular Council meeting at 9 :37 p.m. ~~ ·--D•puty~cler~ • I • • ( • REGULAR MEETING : • • • COUNCIL CHAMBERS CITY OF ENGL EWOOD, COLORADO S eptembe r 5, 1978 The Ci ty Council of the City o f Englewood, Arapahoe County, Colorado, met in regular session on September 5 , 1978, at 7 :30 p.m. Mayor Taylor, presiding, called the meeting to order . The invocation was given by Councilman David Clayton. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Will iams , Weber, Smith, Harper, Clayton, Mann, Taylor. Absent : Non e . The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorn ey Berardini Deputy City Clerk Johannis · n * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 21, 1978 . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 52, SERIES OF 1978 A RESOLUTION COMMENDING OLD TIMER YOUTH BASEBALL DISTRICT CHAMPIONS -HOUSE OF UPHOLSTERY. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 52, SERIES OF 1978. Councilman Mann seconded the motion. Upon a call • I • • September 5, 1978 Page 2 • • • of the roll, the vote resulted as follows: Aye s : Nays: Council Member Smith, Harper, Clayton, Mann, Williams , Weber, Taylor. None. The Mayor declared the motion carried . Pre-scheduled visitor Karl Kerzic, sponsor for House of Upholstery, accepted the resolution and a plaque from the City prese n ted by Mayor Taylor . Mayor Taylor presented framed resolu- tions to the team members. Mr. Kerzic thanked Council for the recognition. Deputy City Cl erk Johannisson said he would insure th at corrections to names on the resolution would be made . * * * * * * COUNCILMAN MANN MOVED TO PROCLAIM SEPTEMBER 23, 1978 AS HUNTING AND FISHING DAY . Cou n cilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared the motion carri e d. Mayor Taylor presented the proclamation to Walter Samuelson, 3855 South Lincoln. * * * * * * Councilman Clayton asked that Colbert Cushing, pr esent at the Council meeting, be recognized for his continuing work i n developing recreation programs. * * * * * * COU NCI L~~N SMITH MOVED TO OPEN THE PUBLIC HEARING ON THE PROPOSED USES FOR REVENUE SHARING FUNDS FOR 1979. Councilman Mann seconded the motion. Upon a call of the rol!, the vote result ed as follows : Ayes : Council Me mbers Smith , Harper, Clayton, Mann, Wi lliams, Weber, Taylor, • a I • • • Sep temb er 5, 1978 Page 3 Nays : None. • • - The Mayor declared the motion carried. City Manager McCown presented the revenue sharing pro- posal for about $650,000 . He stated that the staff recommendation was to put the funds into the Public Improvement Fund and use one half for the continuing storm drainage project and one half for the Little Dry Creek project. Mayor Taylor asked if there was anyone present wishing to speak on this matter. Oliver Giseburt, 3171 South High, appeared before Council and stated he agreed with the staff recommendation that the funds be used for the storm drainage project, a project which was supposed to be completed in 1976. Mayor Taylor asked if there was anyone else wishing to speak on this matter. No one responded. COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda were received: (a) (b) (c) Minutes of the Englewood Housing Authority meet i ng of June 20, 1978. Minutes of the Board of Career Service Commis- sioners meeting of August 17, 1978. Minutes of the Employees' Retirement Board meeting of August 22, 1978. * * * * * * City Manager McCown presented a memorandum from the Director of Finance concerning annexation of property in the vicinity of Belle Isle Gardens • • I • • • September 5, 1978 Page 4 •' • • • COUNCILMAN MANN MOVED TO REFER THE ANNEXATION PETIT IO N OF PROPERTY IN THE BELLE ISLE GARDENS TO THE COMMUNITY DEVELOPMENT DEPARTMEN T . Counc ilman Weber seconded the motion . Upon a call of the r oll, the vote resulted as follows: Ayes: Nays : Council Member s Smit h, Harper , Clayton, Mann, Williams, Weber, Tayl o r. Non e . The Mayor declar ed the motion carried . * * * * * * City Manager McCown pr esented a memorand um from the Di rec tor of Communi t y Development concerning the at tendanc e of the Hous i ng Dire c to r at the 1978 NAHRO National Conference. COUNCILMAN WEBER MOVED TO APPROVE THE OUT-OF-STATE TRIP OF RICHARD LOVE, HO USING DIRECTOR, TO THE 1978 NAHRO NA- TIONAL CONFERENCE IN SEATTLE , IF THE HOUSING AUTHORITY APPROVES. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Counci l Members Smith, Harper, Clayton, Mann, Williams, Weber , Taylor. None. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO . 18, SFRIES OF 1978 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, SER I ES OF 1978 . COUNCILMAN SMITH MOVED TO PASS ORDIN ANCE NO. 18, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as foll ows: Ay s: Council M mb rs Smith, Harper, Clayton , Mann, W ber, Taylor • • I • September 5, 1978 Page 5 Nays: • • .. Council Member Williams. The Mayor declared the motion carried, * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 19, SERIES OF 1978 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 CONSTRUCTION OF A DRAINAGE STRUCTURE AND APPROACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO. City Manager McCown stated that Urban Drainage and Flood Control would provide $29,250 and Englewood and Littleton would provide the balance. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 19, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 20, SERIES OF 1978 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, LITTLETON, COLORADO AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRI CT CONCERNING THE REPLACEMENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 20, SERIES OF 1978 ON FINAL READING. Councilman Mann seconded the motion. Upon a call of th e roll, the vote resulted as follows: Ayes : Counc i l Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor • • 0 I • • • September 5, 19 78 Page 6 Nays: Non e . • • .. The Ma yor d ecla r ed t he mo tion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUT HORIT Y ORDINANCE NO. 21 , SERI ES OF 1 9 78 AN ORDINANCE AUTHORIZING THE SALE OF A CERT AI N PAR CEL OF REAL PROPERTY LOCATED WITHIN THE CITY OF GRE ENWOOD VILLAGE, COLORADO. COUNCILMAN SMITH MOVED TO PASS ORDINAN CE NO. 21 , SERIE S OF 1978 ON FINAL READING. Counci l ma n Clayton seconded the motion. Upon a ca ll of t h e roll , th e vote re su lted as follows: Ayes: Nays : Council Members Smith, Harp er , Clay t on, Mann, Williams, Web e r, Tayl o r. None . The Mayor decl a r e d t h e moti on c a rr ied . * * * * * * I NTR ODUCED AS A BILL BY COUN CILMAN CLA YT ON A BILL FOR AN ORDI NANCE APPRO VING AN AG REEMENT FOR LIBRARY SERVIC ES BETWEEN THE ARAP AHO E REGIONAL LI BRAR Y DISTRICT AND THE CIT Y OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Mann seconded the motion . Co un cilman Williams noted that there were errors in Section 1 (1) and (2). Cou nci lman Williams stated t h at 1978 should read 1979. Upon a cal l of th e ro ll, the v ote resulted a s follows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor . None . The Mayor declared the motion carried. * * * * * * • I • • ( ( • September 5, 1978 Page 7 • • • INTRODUCED AS A BILL BY COUNCILMAN CLAY TON A BILL FOR AN ORDINANCE ADOPTING BY REFERENC E THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALIAITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVID ING PENALTIES FOR VIOLATION THEREOF. City Attorney Berardini presented the bill with the changes that City Council may wish to address. He stated that State law required that a public hearing be h eld to adopt the Model Traffic Code. While the City's Charter does not have the same requisite, Mr. Berardini recommended that a public hearing be held. The areas which Council may wish to address are : l) U-Turns; 2) Parking meters; 3) Licensing of bicycles dealers and bicycle owners. Mr. Berardini said the City currently has a conflicting ordinance relating to U-Turns and that the City Code does not address the other two topics . COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET A FEE OF $2.00 FOR THE CODE AND SCHEDULE A PUBLIC HEARING FOR OCTOBER 2, 1978 AT 7 :30 P.M. Councilman Williams seconded the motion. COUNCILMAN MANN MOVED TO AMEND THE PREVIOUS MOTION BY DELETING THE SECTION PERTAINING TO U-TURN S FROM THE TRAFFIC CODE. Councilman Clayton seconded the motion. Councilman Mann stated that he wanted the current pro- hibition of U-Turns in the City to continue. Councilman Weber stated that the City must consider the motorist. Differences in this type of law from one community to another confuse motorists and is unfair. Council should adopt the Code as written. Councilman Harper stated that the public hearing would provide a forum to hear objections. Councilman Mann withdrew his amendment and Councilman Clayton withdrew his second to the amendment. Councilman Smith stated that a public hearing was needed to insure that the City would not become involved i n needless litigation because the City fa i led to observe State requirements for a public hearing. Several councilmen expressed concern about licensing bicycle dealers and bicycle owners. • I • • • September 5, 1978 Page 8 • • • COUNCILMAN WEBER MOVED TO OMIT THE LICENSING OF BICYCLE OWNERS AND BICYCLE DEALERS FROM THE MODEL TRAFFIC CODE. Counci l -man Smith second ed the motion. Councilman Smith stated that the licensing of this group would not be a popular subject to approach . In addition, it would be an unneeded burden to the City. Ayes : Nays: Council Members Weber , Smith, Taylor . Council Members Williams, Harper, Clayton, Mann. The Mayor declared the motion def eated . Upon a call of the roll , the vote on the original motion to pass the bill on f i rst reading resulted as follows : Ay es: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. Council Memb er Weber. The Mayor declared the motion carried . * * * * * * COUNCILMAN CLAYTON MOVED TO APPROVE A PROCLAMATION PROCLAIMING SEPTEMBER 8 , 1978 AS NATIONAL CANCER DAY. Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Member s Harper, Clayton, Mann, Willi ams, Weber , Ta ylor. Council Member Smith. The Mayor declared the motion carried . * * * * * * City Attorney Berardi ni presented a sett lement agreement between he City of Englewood, City of Littleton a nd t he Uni te d States Treasury relating to the Bi-City Sewer Plant . COUNCILMAN SMITH MOVED TO APPROVE THE SETTLEMENT AGR EE- MENT BETWEEN THE CITY OF ENGLE\¥00D, THE CITY OF LITTLETON AND THE U.S . TRE ASURY . Counci lman Clayton seconded Lhe motion. City Manager exp lained the agreement and the City's r lationshi p wiLh the U.S . and HD R, Lhe contractor • • I • ( • September 5, 1978 Page 9 • • • Mayor Taylor stated that in his op~n~on the City was "had" by the U.S. government. It is unfair that the Cities of Englewood and Littleton be fined for an accident on a project being completed under the auspices of the U.S. government. The cities are a victim of bureaucratic unfairness. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Williams, Weber, Taylor. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO WRITE A LETTER TO THE EPA EXPRESSING THE CITY COUNCIL'S DISPLEASURE WITH THE SETTLEMENT DECISION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: I Council Members Smith, Harper, Clayton , Mann, Williams, Weber, Taylor. None. 1 The Mayor declared the motion carr i e d . * * * * * * RESOLUTION NO. 53 , SERIES OF 1978 A RESOLUTION TO ADD THE POSITION OF DEPUTY COURT CLERK (GRADE 2) AND VIOLATIONS BU REAU CLERK (GRADE l) TO THE CLASSIFICATION SYSTEM. COUN CIL MAN WILL I AMS MOVED TO PASS RESOLUTION NO. 53, SERIES OF 1978. Counc i lman Mann seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes : Nays : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown stated the City had not received any information from the gr~up in the West Santa Fe annexation • I • • September 5, 1978 Page 10 • • • as of August 31, 1978. This was the deadline e stab lished by the City. Mr. McCown recommended that servic es to this a re a be t e r mi -nated. COUNCILMAN MANN MOVED TO DISCON TIN UE CITY SERVICES TO THE WEST SANTA FE ANNEXATION EFFECTIVE AT 12 MIDNIGHT SEPTE MBER 8, 1978 UNLESS SOME RESPONSE IS RECEIVED FROM THEM; AND THAT OCCUPANTS BE NOTIFIED OF THE COUNCIL'S DECISION BY CERTIFIED MAIL. Council- man Williams seconded the motion . Upo n a call of the ro l l, the v ote resulted as f ollows: Ayes: Nays: Abstain: Council Members Harper, Clayton, Mann, Williams, Weber, Ta ylor . None. Council Mem be r Smith. The Mayor declared the motion carried. * * * * * * City Man ager McCown s tated that proposed budgets will be mailed to the Council on September 14 , 1978. Copies will be available at t he Mayor 's Coffee , and he and Bill James will be available to discuss it with interested persons. * * * * * * COUNCILMAN SMITH MOVED TO REACTIVATE TH E DOG CONTROL COMMITTEE AND INCLUDE MR . AMBROSIO AND ANY OTHER INTERESTED PERSONS. Councilman Man n seconded the motion. Councilman Mann stated that he had a meeting with Mr. Ambrosio, the Assistant City Manage r, and Assistant City Attorney, and recommended that City Council reconven e the Dog Control Committee. The purpose would be to evaluate our current ordinan ce and animal situation . Upon a call of the roll, the vo t e on the motion resulted as follows: Ayes: Nays : Council Memb ers Smith, Harper , Clayton, Mann, Weber, Taylor. Coun cil Member Williams. The Mayor declared the motion carried . * * * * * * • I • • - • Septemb er 5, 1978 Page 11 • • • Counc ilman Mann presented a resolution backing the formation of a Downtown Development Authority. RESOLUTION NO. 54, SERIES OF 1978 A RESOLUTION SUPPORTING THE FORMATION OF A DOWNTOWN DEVELOPMENT AUTHORITY AND PLEDGING THE CITY COUNCIL'S ACTIVE ASSISTANCE TOWARDS A SUCCESSFUL ELECTION FOR ITS FORMATION. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 54, SERIES OF 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried . * * * * * * Councilman Williams stated he has received a letter and petiion from homeowners in the Duncan Park area requesting that the San-0-Lets be removed from the park immediately. Councilman Weber stated this was to be a temporary solu- tion with permanent facilities to be built in the near future. Lou Lorett, 4871 South Pennsylvania, appeared before Council and expressed her concern for the many problems being caused by the presence of the San-0-Lets. She stated that the Police are doing a good job of patrol but that removal of the San-0-Lets would help eliminate problems. Councilman Williams asked that the Police call reports for Duncan Park be made available for this past summer. Councilman Clayton stated that he looked into the cost of permanent facilities and found that they would cost approximately $12,000. Councilman Clayton stated Council should find funds to build the needed facilities. COUNCILMAN WILLIAMS MOVED TO REMOVE THE SAN-0-LETS FROM DUNCAN PARK IMMEDIATELY . The motion died for lack of a second. COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THE DUNCAN PARK SAN-0-LET PROBLEM UNTIL THE SEPTEMBER 18, 1978 COUNCIL MEETING. Councilman Clayton seconded the motion • • I • • • September 5, 1978 Page 12 • • - Dr. Charles Lovett, 4891 South Pennsylvan ia, a ppear ed before Council and stated he does not see why the San-0-Lets can not be removed immediately. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harper , Cl ayton, Mann, Weber, Taylor. Council Member Williams . The Mayor declared the motion carried . Councilman Smith asked that cost estimates and Police call reports be presented at the next Counci l meeting. Mayor Taylor asked that stricter policing of the park be carried out by the Police Department . * * * * * * Councilman Clayton expressed two thoughts: 1) In a conversation with a Kansas City veterinarian, he said that Kansas City has recently passed a law requiring a leash law for cats. The City should follow progre ss on this. 2) The intersection of Belleview and the K-Mart exit is extremely dangerous and a remedy is needed to make an exit from K-Mart easier and safer. * * * * * * Councilman Smith asked for current reports relating to the odor sit uation at the sewer plant. * * * * * * Cou ncilman Smith commented on his non-attendance at a recent Downtown Development Ad Hoc Committ e meeting. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR CITY COUNCIL MEETING. Councilman Weber second d the motion. Upon a call of the roll, the vote r s 1lted as follows: Ay S: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor • • I • • • September 5, 1978 Page 13 Nays : None. • • • The Mayor declared the motion carried and adjourned the regular Council meeting at 9 :37 p.m. ~i}R. -·-D•puty()"c;,r~ • I • • / • • • ROLL CALL Moved Seconded Aye Nay Abstain Absent Williams { Wil!bf!r ) ;,m· n J....' l HarD@r ) Clavton ( Mann ) Mayor Tay]or ( I . . • • • • • ROll CAll H ed S d d ov econ e ~e Na_y Absta n sent Wf 11 fams _( ... Wl!t11!r I 2<; ~1!i1 ~ .K_ Haroer I Cl~ton ~ Mann j_ M~or _!~-~or .1. A Ab I • • • • . . • Moved s L >< econded Ave Willfams Nav _jJif!b-;;:- ~ Absta fn I -=>mftn I l.faro;,. \ y Clairton I I Han!!_ I l'favor Tayler ) ~--' t<~l-~~ ~ k..t.- ck /:~ Cla-J t-T- L(7 tJ7 c:;. ~ Absent "-1 J ~6/L I f' {~<yA._ ;00 u.-;.. ~ i ~·:__ Jo (ft:u!_ ~ ~ ~c.£W :1:___~~( f~{ ~ ..:+-~--'~'-Ur'i ~ cW-i~ ~ ~ - • I . • • ,· • \), G_~-~ Moved t;~ ~ ~ econded Williams Ave Nav Absta1n U, • I Absent 7 ;)1111tn 1.- .X:: H;~A;;. Clavton -~ I Hal)!!_. """R"avor Tay_1 ~!:._ ___, ___.. ~~ tv~ ~..J.._~ ~~s~ ~ ~vk- fJt»Cc-&~r a.. ~/(_ u ~ d ..... ~ I • • - • • • • ROLL CALL Moved Seconded Ave Nav v X Wi 11 fams I WAhAr J ;)lllltfl (_ ..Haroer / Clavton \ Mann I Mayor Ta y_J or I ?rcv~~l K-(/~~ ~ f(;..s-o~ ( ~~-';) ~~ ~IF KS-t.-""'" ~ r r ~ vr <;.pr:-,_A.c '1 -h_ i-@ '..y I, c;~ '~ '\>v ~ ~ 2-- 2-~tf I "l.. .-M-1 ~ s,<j,/(v ~ ~ .v-~ \ .,c. L 'f. r .., {/1 ~ ~"- • Absta fn Absent I • • - • • ROLL CALL M ed S ov d d econ e A 1\ye N ay Ab ta1 s n Ab t sen Williams ( W~>bPr } ~ :>m1tn I HaroPr \ Clayton l X_ Mann 1 Mayor Tay_:Jor \ I I . • • • - • - ROLL CALL t.~k ~~ f '"--dL~~Q__~D~ ~-t Moved Seconded Ave Nav Abstain Absent Williams ; X WAh,;Y' ') 5mf n I Harol!r '\ Clavton I '><::: Mann \ -,.yayor Tay]or I I . . • • • /tp Y:' rtf-u "'i.-- ,1; t-\~ Moved sec d d on e X. X. • • • ROLL CALL " + ~~ Ave Wf111ams ( Ual..,.., J """Siilffn I ~r \ Clavton Mann \ '""R"avor Taylor ( Nav Abstain Absent ~,..-v--r~c~ r~~--~t H--"'-~_~. 4 ~~~~ • ( I . • • • • ROLL CALL H eel S ov d d econ e A \ye Nay Ab sta n Ab sent Wil 1 hms X ~r <., X Sln1tn I Haroer ~ )( Clavton I Mann \ Mayor Ta y_J or ) I . . • • • - • • ROLL CALL H ed S d d A N Ab tai Ab t ov econ e "Ye ay s n sen Wi 1111lms L .Wi!!bl!!r " X ;,mltll 1 Harof!r I '>( Cla.Yton j Mann Mayor Jay_~or l • I . • • • / • - • • ROLL CALL Moved Seconded Ave Nav Abstain Absent Wi 111ams ( ~ smTt'n llarnr•r X Clavton y Mann \ Mayor Tav] or ) I . . • • • • • ROLL CALL Med S ndd OY eco e A \Ye N ay Ab sta n Ab t sen Williams 5_ WPhPr ( _}<:: ;)lllftll ) Haroer _j_ ~ Clayton " Mann I _l'layor Tay_lcr __i , I . . • • • • • ROLL CALL Moved Second d e Ave Nay Absta fn Wfllfams j Absent w .. ~uo--;-'J ~ttn 1 X' Harn;r \ Clavton I ;;><... Mann ( Mavor Tav_l_or "). ~J-_ (W.:J(~ II..Vz..,-J_ ~ ~( ~y ~~( f.A-M~~ tv~ -~ ~ ~ (I) (1;) ;t;?? ~~. {~ 1977 I . • • • • .. • e Ave Nav ~ Williams rl' Absta fn Absent ~ v' s-mttn ...,... X HirnA .. v Clavton v Mann v lraYor Tay_1 or v' -p;J_.._ ;_w_ 'L-,-S ~ (_q_. ~~ t..,..C a:_ ~ 77 }_~~ I . • • • - • • ROLL CALL h u--•··-''-.k> ~ ~11-~ .fi--a -T ..........-.-- ~~~ Moved s I econded Williams Ave Nav Abstain Absent w .. h .. P ;:,m n -1-la .. ;l!r v 'X Clavton Mann I I "l'laVor 1 ayl or J ~-:;: I I • I • / • • • • • ROLL CALL P ~ t ~ e/7 ~~uf.-~ '-"<F .s ..w-J-~w~ ~ +,<>'7-f. ~,c. Moved Seconded A we Nay Abstafn Absent Williams o/ ~ W!>bo>r v v' ~ttn v J:taroer v Clayton v Mann v' Mayor Ta_y_lor v I . . • • / • • • ROLL CALL ~~J~~-~.----~ Hoved Seconded Willfams Aye Nav Abstain Absent v w .. h .... v :>m1tn -..>< Haroo>r v Clavton v" X Mann ,/ Mayor Tav]or v I . • • • • • ROLL CALL .11 .(_..t..._ -; r t.f( 't W-"'-'-·'j Moved Second d -e Ave Williams Nay Abstain Absent --- _k_ lolA!. ------;)I!Jltn ---~ --~ Clavton ---Mann Jllfayor Tay_I or - ------ ..---.._ /UAA-,,__L.. !?<>,~ (__,~ wv(;L I V'V\---'~ ~~-c.k,~ s 0 (.L -1~~ ~ ~ -1 k.~~~t +.; cU1 /'-' /('. ..... \_ .i .J v L, .. · fJ....-<AA 'iv· e" ~ <:-- L-. c, ' L..,-c-.~'-~ ~ ~ ~ J_r,_.._i:;- I>./, \ I . . • • • -• • ROLL CALL Jvv ·~ -b ~JA C-vy l}t; ~( ~~ Moved Seco d d n e Ave Nav Abstain Absent Williams -w .. h .. r -X, sm1 n / -Harn"r --Clavton / X Mann ~ "'R"avor 'Tay]or ~ I . . • • • • • ROLL CALL Moved S d d econ e ~e ~ s n sen X Wi 1_1 fams _(, A Na Ab taf Ab t ...Iieber L ~11 j_ HarDer Cl~ton ~ Mann _May_or ray_J or l I . . • • • • • ROLL CALL k' Ave Nav Abstain t CL Wf 1J films ...-Absent Wahar / Slnlti'l K' l4rol!r / _>(.. Clayton / Mann , -,.ray-or Tay_l or / • I . • • • • ROLL CALL ;[cz ~:a.(£. l f( ~ Hoved s econded Williams Ave Nav Absta fn w .. h .. r--Absent / '>--::>m1til ,...-- Harn .... / Clavton ,.....- >/' Mann lraYor Tav_:J or / ....-I I I . • - - • < ~ / • • • ROLL CALL Moved s d d econ e Ave Nay Abstain Absent y x Williams ,... -W~h;,.r ,... smnn ...- -Hariier ,.... Clavton ,.... Mann / -..rayor Tay_:J or / J.,c$~v 1C ~ ~ ~-(-kvb ~+ ~ .A ~~-A- {J,~7' c, f ~ -------I . • • • • ROLL CALL Moved Seco d d n e William s Ave Nav Abstain Absent w~ .... Sm1tn ll'lroer Clavton Mann Mayor Ta y_l or l.LJit~ Cv1 ~"L-A ~ r-f-(.,t.~'<-.;/ r.._J"P-t---( ~ ~ ~~~~~ f-c-~ • ( t..-I ... :--~D I . . • • • • • ( ROLL CALL -l v~c -h f\~ ~ s~ '(i[~ ~~~ Moved Second d e Ave X Williams Nav Abstain Absent WAh;r 5m1tn 1-lllrDPr Clavton Mann 1-favor Ta y_lc r ----------------- I . . • • • • •' • -econded 1-- Ave ~ Williams Nav Abstain _x._ w.;;.;-,., • I _, Absent :lmT n -I 1 H.;;;;;;-·---..... ,;,t.' Clavton ......-- l I Mann lfavor r~_l.£l! ./ ,-- l I . • • • - • • • • • ROLL CALL Moved Sec d d on e Ave William s Nav Abstain W"llPr :>mlt il Harol!r Clavton Mann "'P."ayor Ta y_lo r ;1_ • ~{Pr.-f '5 't aJ.z,"--1 ~-r)(A-f ( Uu-/l l;~(wct:,.<-<.J ~ j_ '' rw l w 3 al/wK if;w-VJ I . Absent I . ...... ( ( ( • / REGULAR MEETING: • • .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 21, 1978 4 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 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, wer e 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 th e Liquor Barn actually reflects a broader picture in that there are numerous reports where the management has called the police de- partment to r eport minors trying to buy liquor. Captain Frazier stated that there wer e 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 r ecommende d that the liquor license renewal be g ranted. The Council discussed Captain Frazier and Mr. Tisch . the serious repercuss ions 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 ANN UAL RENEWAL OF A RETAIL LIQUOR LICENSE FOR THE LIQUOR BARN, 4415 SOUTH BROADWAY. Councilman Williams seconded the motion. Upon a call of th roll, th vot r sulted as follows: Ay S: Council Members Web er, Smith, Harper, Clayton, Mann , Williams, Taylor • • I • v ( ( ( • / Augu st 21, 1978 Pa ge 3 Nays : .. None. • • .. The Mayor declared the motion carried . * * * * * * Mayor Taylor asked if t here were any other visitors wishing to be heard. No one responded. * * * * * * COUNCILMAN WILLIAMS MOVE D TO TAKE OUT OF ORDER AGENDA ITEM 8B , A MEMORANDUM FROM THE CITY MANAGER TO CITY COUNCIL CON- CERNING AN AGREEMEN T 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: Council Members We ber, Harper, Clayton, Mann, Williams, Taylor. Nays : Council Membe r Smith. The Mayor decla red 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 fu rther questions . Mr . J. D. Bakke, 3445 South Downing, appeared before Council and stated the writt en permission is the City's acknow- ledgement that his firm wil l 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 I • • Au gust 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 th at 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 En glewo od . Yes sir, I do understand where they are. COUNCILMAN SMITH MOVED THAT THE COUNCIL AUTHORIZE THE MA YOR TO SEND A LETTER TO TH E ARAPAHOE COU NTY COMMISSIONERS AUTH OR IZING A-1 DIVING COMPANY , INC. TO USE THE LAKE. Counc ilman Weber seconded the motion. Up on a call of the rol l, the vote resulted as f ollows : Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Williams, Taylor. None. The Mayor declared the motion carried. Mr. Bakke requested that he r ec eive 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 MOVE D TO OPEN THE PRE-BUDGET PUBLI C HEARING. Councilman Clayton seconde d the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber, Smith, Harper, Clayton, 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 budg t. * * * * * * 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 PUBLI C 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 o f the Board of Adjustment and Appeals meeting o f 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 Li brary and the Arapahoe Regional Library District for the calendar year 1979 and authorize the Mayor to sign the contract. COUNCILMAN CLAYTON MOVED TO DIREC T 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 • • ( • Augus t 21 , 1978 Pag e 7 • • • The Mayo r d e c la r ed th e motion carri e d. * * * * * * City Manag e r Mc Co wn pre sented a memorandum from the Director of Community Development to the City Manager concern i n g Belle Isle Gardens Annexation Pet i tion. City Mana ge r Mc Cown stated the matter has to go before the Planning and Zo n i ng Comm is - sion for a zoning hearing. City Manager McCown r e comme nd e d t ha t Council receive this report and table any further act i on u nti l the Commission has t he 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 resu lted as follows: Ayes : Nays : Counc il Members Weber, Smith, Harp e r , Clayton 1 Mann, Williams , Taylor. None. The Mayor declared the motion carr i ed. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMI TH BY AUTHO RIT Y ORDINANCE NO. 17, SERIES OF 19 78 AN ORDINANCE FOR THE PARTIAL RELEASE OF CERTAIN PRO P ERTY GIVEN AS SECURITY FOR $17,285,000.00 HOSPITAL REVENUE BONDS, SER I ES 1978 (POR TE R MEMOR IAL HOSPITAL PROJECT), SAID PROPERTY TO BE US ED FOR THE PURPOSES OF AN EASEMENT OR RIGHT-OF-WAY FOR A TU NNEL . COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO . 17, SE RIES OF 19 78 ON FINAL READING. Councilman Weber seconded the motion . Up on a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Weber, Smith, Ha rper, 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 ORDINANC E AMENDING SECTION 22.4-13 h., ENTITLED I-l LIGHT INDUSTRIAL DISTRICT, CONDITION AL 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. Counc i lman Clay ton 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 stat ed he voted no on the original ordinance; therefore, he wou ld 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. (l), 22.4-14 b. (2) AND 22 .8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-l 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 declar d a recess at 8:45 p.m. The Council r e convened at 8 :55 p .m. Mayor Taylor asked for roll call. Upon a c al l of the roll, the following were pres nt: • I • • ( • • • • August 21 , 1978 Page 9 •' • • .. Co unc il Membe rs Williams, Weber , Smith, Harper, Clayton, Man n, Taylor. Absent : None . The Mayor declared a quorum present. * * * * * * INTRODUCED AS A BILL BY COUNC ILMAN CLAYTON A BI LL FO R AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS CONCERNIN G THE USE OF FEDERAL FUNDS FOR THE CONSTRUC- TION OF A DRAINAG E STRUCTURE AND APPR OACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CIT IES OF ENGLEWOOD AND LITTLETON, COLORADO. COUNCILMA N CLAYTON MOVE D TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Counc ilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Co uncil Me mbers Weber, Smith, Harper, Cl ayton, Mann, Williams , Taylor. None. The Mayor dec lared 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 AUTHORI ZIN G 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 ORDINANCE ON FIRST READING. Councilman Clayton seconded the motion. Upon a call of the rol l, the vo te resulted as follow s: Ayes : Nays: Council Members Weber, Smith, Harper , Clayton, Mann, Williams, Taylor . None . Th e 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 PROCLAMAT ION SUP- PORTING THE "JERRY LEWIS LA BO R DAY TELETHON" AND "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND". Councilman Harper second ed the motion . Upon a call of the roll, th 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 resol ution provides for the redesign ation of f und s ($100,000) from the planned expen- diture for the fire station on Belleview to th remodeling of the combined City Council/Court Chambers . • I • ( ( • August 21, 1978 Page 11 • • • COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 51, SERIES OF 1 978. Councilman Mann seconded the motion. Upo n a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Weber, Smith, Harper, Clayton, Mann, Wil liams, Taylor . None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from himself to the City Council concerning th e ad for the Englewood High Schoo l Pirate Log. COUNCILMAN CLAYTON MOVED TO APPROVE THE EXPENDITURE OF $75 FOR 1/2 PAGE AD IN THE ENGLE WOOD HIGH SCHOOL PIRAT E 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 res ul ed as follows· Ayes : Nays : Counc1l Membe rs 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 Will iams seconded th motion. Upon a call of the roll, the vote resu lted as follows: • I • • • August 21, 1978 Page 12 Aye s : Nays: • • .. - Council Members Weber , Smith, Harper, Clayton , Mann, Williams, Tayl or. None . The Ma yor declared the motion carried • ... ... * * * * C:. :'" ~·~<>nageor ~~c.Co~.-r. :..:1 :o::~eoc t ::t Co unc:.l :hat bo:r. hE: and Ass~stant'City Manager Curnes would be out-of-town attending the State Managers' Conference on August 24 and 25, 197 8. City Manager McCow n stated tha t D~rector of F~nance Bill James has been d esignated Acting City Manager in the interim. ;-;- .!d~·:.:.-~~ ...... ...,·:~--: ·, .. : ·.-:· .. ..., .. ~·.·: . , ... J _ :r.~•Jnc ., -:-,;6h': oe able co acquire the Dunca~ Schoo~ Park on Se ptemb e r lst f or the rest of this year for $1 .00. Mayo r Taylor asked for Coun- ci l 's op i nion on whether they should obtain portable r estrooms for the area during that time if the pu r chase takes place. COl; 'CIL~:J..!: \..'E:BER ~OVED ':'0 DIRECT THE CITY !'.P..NAGER TO .s.:::::K IE.:: LOi,"E:S:-3::JD :~.G CO~.;:;y 7Hr.T ;.;I Ll. S L'?PL'! n;o PORTABLE !OILETS FOR DUNCAN PARK AND HAVE THEH LABELED ACCORDINGLY. Coun- cilman Clayton seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Cou ncil Mem ber s Weber, Smi th, Ha rper , 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 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 fol lows: 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 second ed the motion . Up on 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 • • ( • • • • RESOLUTION NO. 52 , SERIES OF 1978 A RE S OLUTION COMMENDI NG OLD TIMER YOUTH BASEBALL DISTRICT CHAMPIONS -HOUSE OF UPHOL STERY. WHEREAS , The Englewood Old Timers Youth Baseball team sponsered by the House of Upholstery are District Champions of the 13-14 year old division; and WHEREAS, the House of Upholstery team came in second in state wide competition; and WHEREAS, the team members are Kurt Kerzic, Todd Richardson, Jeff Jones, Jerry Montgomery, Tim Dreiling, Steve Dreiling, Bernie Romero, Jim Kading, Bill Keith, Troy Cherne, Richard Pacheco, and coaches Carl Opitz and Bob Parker; and WHEREAS, numerous other persons have assisted the t e am in their tremendous success, and have received the moral support from numerous Englewood citizens. NOW, THEREFORE, BE IT RESOLVED, b y the City Council of the City of Englewood, Col orado, that the citizens of this community, do express their sincere appreciation to House of Upholstery, members of the House of Upholstery team, and their coaches for their participation in making this a most successful season for Old Timers Baseball i n Englewood. ADOPTED AND APPROVED THIS 21st day of August, 1978. JAMES L. TAYLOR, Mayo r ATTEST: 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 Resolution No. 52 Series of 1978. ex off~c io City Clerk-Treasurer • I • • Jlrndamatinn ~unting and ~i•~ing ~av Saturday, September 23, 1978 • • • - 0 ... America's hunters and fishermen were among the first environmentalists. They have traditionally held strong opinions about clean air, good water and a livable habitat for wildlife. They have been in the forefront of the activists who want to maintain these qualities, not only because it is important to them, but because they will benefit all of society . Through excise taxes on hunting and fishing equip- ment that were imposed with the full endorsement of sportsmen's organizations, millions of dollars have been channeled into the maintenance and improvement of habitat across the land. Some modern-day environmentalists are not aware of the past contributions that our outdoor sportsmen have made to this cause. And others may not fully comprehend that wildlife populations need to be managed scientifically like all other natural resources. Properly regulated by the states with federal assistance, fishing and hunting are an integral part of wildlife management. Getting this message across by example and not simply by words is a major part of the challenge that lies ahead, and it is one of the basic reasons behind this Hunting and Fishing Day. I welcome the opportunity of this observance to greet our hunters and fishermen and the organizations that represent them and to commend them on their sen- sitivity and responsiveness to a movement that deserves the support of all Americans . Therefore, I, James L. Taylor , Mayor of the City of Englewood , do hereby proclai m Saturday, September 23, 1978, as Englewood's Hunting and Fishing Day and urge all of our citizens to join with sportsmen-conservationists in a rededication to the wise use of our natura~ esources and their proper management for the benefit qf f ture generations. Date September 5, 19 • ( ( • • • • MINUTES OF ENGLEWOOD HOUSING AUTHORITY MEETING June 20, 1978 s 4 Chairman Thomas J. Burns called the regular Englewood Housing Authority meeting to order at 5:20P .M., and asked for a call of the roll. Roll Call Members Present: Thomas J. Burns, Chairman Betty Beier, Vice-Chairman Cindy Peterson Members Absent: Others Present: Dave Clayton Rev. J. Stanley Fixter Richard Wanush Richard Love Alice Fessenden Ken Nicholas Berry Slater Reading and Approval of Minutes Chairman Thomas J. Burns asked that action be taken on the minutes of the regular meeting of April 25 , 1978. There being no corrections or addi-tions, the following motion was passed: MOTION BETTY BEIER MOVED, AND CINDY PETERSON SECONDED THAT THE MINUTES OF THE REGULAR ENGLEWOOD HOUSING AUTHORITY MEETING OF APRIL 25, 1978 BE ADOPTED AS WRITTEN. ALL VOTED "AYE" AND THE MOTION PASSED UNANIMOUSLY. A suggestion was made by Dave Clayton that when a member is late for a meet- ing, the time of arrival should be listed immediately after the roll call, rather than in the body of the minutes, so that anyone looking at the minutes will know that the person was not absent for the entire meeting. Mr. Burns announced that a resolution would be passed appointing Richard A. Love Executive Director of the Englewood Housing Authority. Before passing of the motion, he asked Mr. Love to say a few words about his background. Mr. Love stated that he had come to Englewood directly from Midland Federal in Denver where he had done appraisals of property for a year. Before that, he had worked in Florida in Community Development as a housing specialist . • I • • • • • • Mr. Burns introduced a resolution and asked that the members act on it, the subject being appointment of Mr. Love as Executive Director of the Housing Authority. MOTION WA S MADE BY DAVID CLAYTON THAT RESOLUTION NUMBER 4 , SERIES OF 1978, APPOINTING RICHARD A. LOVE TO THE POSITION OF EXECUTIVE DIRECTOR OF THE ENGLE- WOOD HOUSING AUTHORITY, HAVING BEEN HIRED ON JUNE 1, 1978 AS ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT FOR HOUSING AND REDEVELOPMENT BY THE CITY OF ENGLEWOOD . APPOINTMENT TO THE POSITION OF EXECUTIVE DIRECTOR OF THE HOUSING AUTHORITY IS TO BE EFFECTIVE JUNE 20, 1978. THE MOTION WAS SECONDED BY BETTY BEIER. ALL VOTED "AYE" AND THE MOTION PASSED UNANIMOUSLY. Bond Status Report Mr. Burns read a letter he had received from Walt Imhoff, dated June 15. There was discussion after the reading of this letter as to the best manner of funding. Dave Clayton stated that Mr. Imhoff had been present at a meet- ing of City Council at which he pushed for refinancing of some water bonds before September 1, to take advantage of a sizeable savings. Mr. Burns stated that Walt Imhoff had consulted with Bill Lamm about ten days previously, and regulations were so tight on refinancing that it may not be worthwhile, and may effect bonds in the future. Betty Beier expressed concern over the interest rates. Mr. Burns said that Walt Imhoff did not seem to be as concerned about interest rates as he might have been. Mr. Burns felt that Mr. Imhoff would tell us immediately if the in erest rates were going too high. Discussion followed. S~mon Center The operating budget was reviewed by Mr. Love, who stated that there is not a great difference between th~s budg t and las year's f~gures. He said we are looking at an approximate six or seven per cent increase. Mr. Clayton said that he did not have an ~terruzed budget for the Simon Cen- ter, and would like to have a copy of this budget. He also asked if there is a possibil~ty that the memb rs could get the budget at least a week before Lhe mee ing. Mr. Love agreed that this was a reasonable request, and agreed that th1s should be done. S ct1on 8 Existing Housing Tom Burns asked for a report on the S ct1on 8 Ex1 1ng program from Eden Webster. She reported th t letters had be n sent to the ne xt 25 people on th waiting list , sking if hey arP s 111 inter ted in h program. These 2 • I • • • • • .. people have been on the wai ting list for almost a year, and in the meantime some have moved away , or for some other re a son be come disinterested. Fi ve new certificates have been issued, eight new leases have been signed, and six renewals were leased . Thirty four names were added to the waiting list which now consists of approximately 83 Englewood residents and 99 non-residents. She reported that Alice Fessenden and Dick Love had attended a HUD workshop dealing with budgeting. Project 001 is still fully leased (25 units); ten units under project 002 are leased ; o f 35 un its in Project 003, 12 have been leased, an d six c e rtified . Discussion followed with regard to the number of bedrooms allocated, a nd problems encountered in finding units of the proper size to a ccommodate the applicants' families. Rehabilitation Loan Program Mr. Burns asked Alice Fessenden to give a report on the Rehabilitation pro- gram . She presented a resolution for consideration of the members, in which it was requested that the Authority authorize another appropriation of $50,000 (from the Federal Community Development Discretionary Block Grant) for the purpose of subsidizihg loans granted in accordance with the Housing Rehabilitation Program Policies as a dopted and amended period- ically by the Authority. There was discussion regarding the method of loan subsidy . Mr. Clayton had problems agreeing with the present methods, and asked if this had bee n voted on at any time. Betty Beier stated that after discussion, it had been deter- mined that the subject had been settled by a vote on the phone. A great deal of discussion followed regarding the selling o f property making a profit, in a short time. It was the general feeling that this is not gen - erally the purpose of the loans. Alice Fessenden reviewed the monthly Rehabilitation Loan Program report. She stated that the May Loan Committee meeting had been cancelled, and tha 16 loan applications are ready for review at the June meeting on June 21. A portion of Ms. Fessenden's report concerned a case which had been in pro- cess for a long time, and which had been delayed for a variety of reasons. She reported that her department had been working with the City's Accounting Department in servicing the loans. She went on to explain that they work up the amortization charts for us, and also do the billing on the loans. She stated that of the 16 project!, under construction, seven are sweat equ~ty cases. Part of Ms. Fessenden 's report dealt with a case in wh ich a woman has ex- pressed much diss tisfaction with the work don . The case is being handled through the woman's attorney, which takes a little longer. There was dis- cussion as to what can and might be done to resolve this case. 3 • I • • • • • • Chairman Burns called for a motion to approve the Resolution approving the additional appropriation for the Rehabilitation Loan Program. MOTION MOTION WAS MADE BY DAVID CLAYTON AND SECONDED BY BETTY BEIER TO ADOPT THE RESOLUTION NUMBER 5, SERIES OF 1978 WHICH GAVE APPROVAL TO AUTHORIZING AN ADDITIONAL APPROPRIATION IN THE AMOUNT OF $50,000 TO THE REHABILITATION LOAN PROGRAM, FROM THE FEDERAL COMMUNITY DEVELOPMENT DISCRETIONARY BLOCK GRANT FOR THE PURPOSE OF SUBSIDIZING LOANS GRANTED IN ACCORDANCE WITH THE HOUSING REHABILITATION PROGRAM POLICIES AS ADOPTED AND AMENDED PERIOD ICALLY BY THE HOUSING AUTHORITY. ALL VOTED "AYE" AND THE MOTION CARRIED UNANIMOUSLY. There was a brief recess. A question had been raised by Bet y B~1er and Dave Clay on regarding Para- graph #4 of the Rehabilitation Loan mon hly report, h ving to do with property improvements which need o have a h1gh r pr1ority. Miss Fessenden replied with a description of priorities to be considered in the program, namely all things that are a danger to life, safety and health. Next would be energy conservation; then incipient code violations--things that are about to wear out and need to be replaced; and last, things such as room additions, etc. Ms. Fes senden explained that the reason that room additions had been included in the program was that the subject had come up at a meeting with the School Board. It was mentioned that one reason that people were moving ou of Engle- wood was not because they did not like it here , or did not like the school system , but that they felt they needed more living space . Th e possibility of room additions as an item of rehabilitation under the loan program seemed to offer a solution to the problem of more living space for these people. Mr. Clayton asked what the reasons would be for denying a room addition, and Ms. Fessenden stated that it would be the size of the loan--that it is im- possible to do everything in most cases. More discussion followed regarding the types of work being done, and what additional can be done. Community Development Block Grant Chai rman Burns 1n red u ced the subJect of the Community Development Block G~ant , and asked Dick Love to comment. Mr. Love described the pre-application for this grant. He s 1d this would amount to approximately $700,000. Nothing has been heard to date, but h~ felt that w run a be ter than fair chance of receiv1ng the grant. He point J out that h minor1ty 1ssue is being str ssed. Citizen Participation Plan Al ice Fessenden d~>r.rib d this plan, whi ch is par of th pre-application • I • • • • • • for the Block Grant. This does not have to be submitted with the pre- application , but it mu st be available. It describes the manner in which the citizens will be involved in the process. The meetings are being held in the neighborhoods wh ich might be effected . A portion of the plan is devoted to complaints. It involves the Housing Authority . She said that she woul d bring the plan to the next meeting. She stated that this is a comprehen sive plan. There wi ll be a r ep resentative from the Housing Authority, the Planning and Zoning Board , and from the Co mmunity Development Dep artment. An appeal can then be made to City Council. Board Choice Betty Beier had asked about the work which had been done in the rose garden by the tenant council at the Simon Center. She felt there should be communi- cation between the Housing Authority and the tenant council. Mr. Burns stated that at this point it is the City's approval that is necessary. Discussion followe d as to whether the decision should be the responsibility of the Housing Authority or City Co uncil. Mr. Clayton asked that Ken Nicholas be asked to re join the meeting to hear this dis-cussion. Mr . Nicholas re-entered the meeting room , and Mr. Burns reiterated what had been disc ussed . He said that he felt that there should be approval for any type of permanent addition. Mr. Nicholas stated that this work had been discussed for some time , and that Al Johnson had approved it, since it had been in the original plan. Mr. Burns stated that he felt it should be a decision to be shared with either the Housing Authority or the City Co un ci l. Mr . Burns felt that if t h e Authority a cquires the property, as they may in the next coup le of months, he would like to have this communication. Ken Nicholas agreed that this should be done. Mr . Nicholas went on to describe roof overhangs now being built. The architect drew up the specifications for a roof overhang to protect the flooding of that area of the building. It was decided to use the help of the young men from CETA. He said that this was all checked out with Al Johnson; has been approved by the City Building Department, and permits have been iss ued by them. MOTION MOTION WAS MADE BY DAVE CLAYTON AND SECONDED BY BETTY BEIER THAT THE SECRETARY OF THE BOARD WRITE A LETTER OF INQUIRY OVER THE SIGNATURE AND WITH THE APPROVAL OF THE CHAIRMAN OF THE HOUSING AUTHORITY TO THE CITY COUNCIL CONCERNING JURISDICTION AND APPROVAL OF THE AUTHORITY FOR STRUC- TURAL ADDITIONS OR ALTERATIONS TO THE SIMON CENTER PROPERTY. ALL VOTED "AYE" AND THE MOTION PASSED UNANIMOUSLY. 5 • () I • • • • • Mr. Nicholas asked whether changes in landscaping need to be approved by the Authority, and was told that this need not be done. Discussion followed con- cerning the landscaping, and what had been done by the Parks Department. Ken Nicholas recommended that concrete steps be installed to make the area more safe. l1r. Clayton inquired about the bus tour of Rehab sites. After some discussion it was agreed that Saturday, July 29 would be an acceptable date for the tour . Mr. Love suggested inviting newspaper reporters to join the tour for public relations. The question of whether to just drive by the projects, or to go inside, and it was agreed that most of the members wanted to see the actual job being done. Alice Fessenden suggested keeping the group small, and try to make the trip in a van, so that all would be together, and those jobs which can be seen from the outside by driving by could be described to everyone at the same time. Rehab Program 312 Mr. Love reported on a talk with a HUD official who felt there should be a substantial amount of money in grants available for rehab work, and that Englewood should be a prime candidate to receive these funds. Mr. Love then presented a proposed budget for discussion, and reviewed the items included in the budget. Discussion followed. He then described various up-coming conferences and seminars, and stated that he felt these should be more fully attended. In answer to a question by Mr. Clayton, Mr. Love stated that he was looking at about three or four con ferences. Discussion ensued. Ch airman Burns asked whether action on the budget was required, and Mr. Love answered in the affirmative. The following motion resulted: MOTION CINDY PETERSON MOVED, AND BETTY BEIER SECONDED , TO AMEND THE PROPOSED HOUSING AUTHORITY BUDGET: THE 31X FIGURE TO BE CHANGED FROM $1,754 to $3,508, AND THE BALANCE TO BE ADJUSTED ACCORDINGLY, RAISING THE TOTAL TO $8,505. ALL VOTED "AYE" AND THE MOTION PASSED UNANIMOUSLY. There being no further discussion, the meeting was adjourned at 8:30 P.M. 6 • I • • • • • - RESOLUTION NUMBER 4 SERIES OF 1978 WHEREAS, on June 1, 1978, Richard Love was hired as the Assis- tant Director of Community Development for Housing and Redevelop- ment by the City of Englewood; and WlffiREAS, the Assistant Director has traditionally served as the Executive Director of the Englewood Housing Authorit y, BE IT RESOLVED by the Englewood Housing Authority, Englewood, Colorado: That Richard Love be designated as the Executive Director of the Englewood Housing Authority effective June 2~~ Adopted and approved this 20th day of June, 1978. ATTEST: Acting Executive Director • I • • • • • •' .. RESOLUTION NUMBER 5 SERIES OF 1978 WHEREAS, on July 6, 1977, the Englewood Housing Authority appropriated $50,000 to the Housing Rehabilitation Committee for the purpose of covering the difference between the actual interest rate for rehabilitation for loans to low or very low income persons, which may be approved by the Committee; and WHEREAS, the Rehabilitation Loan Committee has approved sub- sidized loans with subsidy amount totalling $35,200, NOW, THEREFORE, be it resolved that the Englewood Housing Authority authorizes another appropriation to the Rehabilitation Loan Committee in the amount of $50,000 (from the Federal Com- munity Development Discretionary Block Grant) for the purpose of subsidizing loans granted in accordance with the Housing Rehabilitation Program Policies as adopted and amended period- ically by the Authority. An accounting of these funds will be provided to the Authority quarterly or when requested. Adopted this 20th day of June, 1978. Chairman ATTEST: • I ( • • • .. - COM MUNITY DEVELOPMENT MONTHLY RE PORT MONTH: May and June, 1978 DIVISION: Housi ng and Red eve lopment PROJECT TITLE: Section 8--Existing Housing WORK ACCOMPLISHED Interest indicator letters have app l icants on the waiting list. T o date, only four letters have erable. When possible, efforts people by phone. been sent to the next 25 Response has been good. been returned as undeliv- are made t o reach those Five new certificates have been issued; 8 new leases s igned and six renewa ls (four of them at the end of June). Thirty-four new names were added to the waiting list. Wait- ing list now c onsists of approximately 83 residing in Eng le- wood and 99 non-reside nts. Dic k Love and Al i ce Fessenden attended a workshop at HUD on Friday, June 16, where they learned about bud get ing and proper administ rat ion of the program. PROGR ESS TO DATE 001 25 units 25 l eased 002 10 units 10 leased 003 35 units 12 leased 6 certified PROBLEMS IN IMPLEJ\IENTING WORK PROGRAM 004 30 units -0- The same pro b lems remain with us. Althou gh an increase in Fair Market Rents has been granted, the FMR's stil l fall short of the rents charged in En glewood. There is still the problem o f shortage of housing available, especially in larger units . We are once again looking for a clerk-typist to handle the clerical work in the office. The two girls who were hired both quit after a short time. Until we find someone who will really do the job, the Section 8 Technician has to spend time with work not related to the program. • I • • • • • .. CORRECTIVE ACTION We have found several owners who heard about the program and expressed interest. Three of these are now partici- pating, and two of those have asked for referrals in filling their vacancies. 2 • I ·I I I I • • - ( ( • • • • COMMUNITY DEVELOPMENT MONTHLY REPORT MONTH: May and June DIVISION: Housing and Redevelopment PROJECT TITLE; Housing Rehabilitation WORK ACCOMPLISHED Approx imately 34 cases are finished or in the construction stage. This numb er includes the eleven cases done under the previous program. One of the eleven is under con- struction--the Nick Slinkard case. The work in this case revolved around a hook up to the public sewer system. The problem was resolved by using a pump and flexible pipe to hook into the sewer. An increase in the loan amount was required t o complet e the work. The increase from $4,000 to $5,000 was approv e d by EHA Board members through a phone poll. The May Loan Commit te e meeting was cancel led due to staff work load and a c onflict in the interpretation of the Loan Agreeme nt with the banks. There are 16 loans in proc ess for the June 21 Rehabilitation Loan Committee meeting. The first draw on the line o f credit was made in May in the amount of $119,056 to cover 21 loans. The draw was made at an interest rate of 6 -1 /4% because the prime rat e had gone up since the contract was neg otiated. (Our rate increases 1 /2 of the increase in the prime rate). The loan is wr itten with payback based on the repayment of loans to the EHA with a balloon pay ment in 1980. The bank has adapted their interpretati on and will be lending on a long term b ~sis (the present note will be rewritten). We are obtaining a writte n Jegal op ini on from Kirk Wicker- ham con ce rning the bank 's · ~x e x empt status as it relates to the bank 's security on t, r long term loan. We have bee n working with L1e City 's Accountin g Depart- ment on the servicing of tl ~ loans from the construction stage through billing and r e payment. PROGRESS TO DATE 32 Loans approved 13 Construction comp lete 16 Under construction 7 Sweat equity 1 Subsidized interest 18 In process • 0 I • • • • - PROBLEMS IN IMPLEMENTING WORK PROGRAM The dif fere nt interpretations on the bank agreement were the partial cause of the cancellation of the May meeting. We do not feel we should close any new loans until complete resolution of the terms of EHA draws. However, we also do not want to lose the momentum of the program. One rehab job has been a problem for some time. It centers around the loan applicant's dissatisfaction and the contrac- tor's quality of work. We have received inquiries from newspapers and public officials concerning the complaints of this loan applicant. We have one problem in repayment. On e account is four months delinquent. Other ac c ounts are usually caught up within a month's time and haven't presented serious prob-lems. There is some indication that some types of general prop- erty improvements should have a higher work priority. The matter is currently being considered by the staff. If enough evi dence is supportive, a recommendation will be made to the EHA. PROGRESS TOWARD SOLUTIONS Kirk Wickersham, our legal counsel for Rehab, is preparing a legal opinion for the bank's tax exempt status. We feel the situation will be re s olved shortly, so the June RLC meeting will be held. The complaint is being processed at the staff level with our attorney's assistance. Some of the work is obviously shoddy and will either be corrected by the contractor or be put out to bid to other contractors. Only the work on the specifications that was done incorrectly will be put out to bid. ,._. a re investigating sources of housing counseling for ~ delinquent accounts. In the case of a short term de- quency, our policy has been to call to remind loan ipi ents that their payme nt is past due. If still de- l 'n quent by the 20th, a written reminder is sent. 2 • I . • • • The Englewood Housing Authority Minut es o f the regular meeti ng of June 20, 1978 were officially approved b y th e Commissioners on Au g ust 29, 1978. Englewood Housing Authority I . • • PRESENT: ABSENT: • • • MINUTES BOARD OF CAREE R SERVICE COMMISSIONERS August 17, 1978 Judith Henning , Jo Ellen Turner , Ro b ert Brundage , William Hanson , Edward White No ne OTHERS PRESENT: Mel BeVirt , Hugh Br own, Jim Curnes , Chief Robert Holmes, Al Rhoades, Judge Parkinson , Carolyn Boettger , Patrice Patrone , Linda Cu t hriell, Sandy Nelson, Bar bara Penny . ********** Commissioner Hennin g ca lled the meetin g to order a nd asked the Board if there were a ny additions or corrections to the July 20 , 197 8 minutes. Co mmissioner Brundage pointed out that on the third page of the July 20th minutes at the bottom of the page it reflected that Commissioner Henning "moved". Commissioner Brundage stated that he had made the motion . Co mmis sioner Brundage moved and Commissioner Hanson seconded that the minutes of the July 20 , 1978 meeting be approved as corrected. AYES : NAYS : Henning , Turner, Brundage , Hanson White None *********** Commission er Henning asked the Board if there or corrections to the July 26 , 1978 minutes. moved and Commissioner Brundage seconded that 26 , 1978 meeting be approved as distributed . were any additions Commissioner Hanson the minutes of July AYES: NAYS: Henning, Turner , Brundage , Hanson Whit e None ********** • D I • • .. Board of Career Service Commissioners Minutes Page Two • • .. The next item on the agenda was the Employee Associations' Choice . Al Rhoades stated that he had nothing to report . ********** The next item on the agenda was the City Manager 's Choice. Jim Curnes stated he had nothing to report. ********** The next item on the agenda was the Employee Relations Director's Choice . Mr. BeVirt passed out a memo from the City Attorney, as requested by the Board , regarding the status of Municipal Court with the Career Service System . (Whether or not the employees of Municipal Court should be covered under Career Service .) In addition, Mr. BeV irt stated that the City Attorney 's response to Commissioner Brundage's question regarding a possible conflict between the Court Administrator position and the Chief Court Clerk was that he speculated no confli ct . Commissioner Brundage requested that the City Attorney 's opinion be submitted in writing for the record. Mr . BeVirt then asked the Board to refer to the July 20 th minutes, page 4, third paragraph on Josetta Canavate 's gr ievance of due process . Mr. BeVirt stated that a motion was suggested by Commis - sioner Henning, but that no action was taken because David Goodman had walked in. Mr. BeVirt recommended a formal motion on the issue . Commissioner Turner moved that the Board deny Canavate 's second grievance concerning due process because the Code clearly speels out that a Board hearing will be held after the action of the appoint - ing authority. Commissioner Hanson seconded the motion. AYES: NAYS: Henning, Turner , Brundage, Hanson, White None Mr. BeVirt stated that his next item of concern was a request for consideration for the promotional examination of Sereant that was received from Officer Carson . Mr. BeVirt explained that the request was received on August 17th and the deadline for submitting requests was August 16th. Mr. BeVirt suggested that Chief Holmes relate the details surrounding the matter. • • 0 I • • • • • .. Board of Career Se rvic e Commissioners Mi nutes Page Three Chief Holmes stated that Lt . St anley had contacted Offi cer Carson to clarify what time the requ est was turned in . Lt . Stanley had relayed to Chief Holmes t hat Officer Car son stated he had turned in his request on Au g ust 16 , 1978 to the Records Division after 3 :00 p .m. Mr . BeVir t ad ded that notices were sen t out outli ning that requests should be submi t ted in writing no later than August 16th. BeVirt also stated that the office mail between th e Police Department and City Ha ll is picked up be f ore noon and brought to the departments . BeVirt con tended that Mr . Carson 's intent was made on the proper day , but it was not received until a day late . Af t er further discussion , Mr . Be Virt recommended that the Board accept Carson 's application , However , Mr. BeVirt stated there is a con cern that if the Board does accept Mr. Carso n 's applicati o n , that t h ere may b e grievances fi l ed by others to ac cept their applicati on. Af t e r several questions were raise d and answered, Commissioner Brundage mov ed to deny Of ficer Carson 's application because it was not received in a timely fashion . Co mmissi oner Turner seconded . AYES: Turner , Brundage NAYS : Henning , White , Hanson Co mmissioner Henning stated that the motion failed and therefore requested a motion to accept Officercarson 's intent . Commissioner Ha ns on mo ved and Commissioner White seconded t o accept the intent of Officer Ca r son to participate in the Se rge ant 's ex amination . AYES: He nn ing , White,Han so n NAYS : Turner Brundage Mr. BeVirt 's next choice was with regard to Craig Nelson 's grievance of July 16, 1978 . Mr. BeVirt explained that the City did not respond to the rievance in writing within the speci fied ten-day limit . Chief Holmes admitted that Mr . Nelson 's complaint regarding leave without pay was answered in a memo on July 11 , 1978. However on July 16 , 1978, Mr. Nelson filed a formal grievance and in a meeting on July 18th or 19th , Mr . Nelson was informed verbally that the grievance was being denied . Mr . Nelson is contending that his copy of the signed grievance wa s not return ed to him within the ten-day limit and that he was there- fore requesting pay for the eighteen hours charged to leave without pay. • I • • Board of Career Service Commissioners Minutes Page Four • • .. Commissioner Henning asked Chief Holmes if his memo of ·July 11th would have been an attachment to the grievance , to which Chief Holmes answered yes . Commissioner Henning therefore insisted that the grievance process had been followed informally with the July 11th memo . Chief Holmes reiterated that the grievance had not been formally filed on July 11 , 1978 . Mr. BeVirt stated that the int ent of the grievance procedure was followed in that a decision had been made and given to the employee. Even though the written decision was not extended to the employee , the employee still had knowledge of the decision in a timely fashion . Chief Holmes stated that Mr . Nelson wasn 't satisfied with the decision and that Mr . Nelson had indicated he would appeal it . Commissioner Henning pointed out that a technical violati on is not sufficient enough to overturn the intent of the procedure . After a lenghty discussion on time limitations , Commissioner Turner moved and Commissioner Brundage seconded that Officer Nelson had a right to a written denial of his grievance and the record shows he did not receive one in a timely fashion, therefore his remedy sought be awarded by default . AYES: Turner , Brundage , White NAYS: Henning , Hanson Mr . BeVir t stated that his last choice wa s the job descriptions of Violations Bureau Clerk and Deputy Court Clerk . Mr. BeV irt asked that the Board accept the job description of Violations Bureau Clerk at grade level 1 and the Deputy Court Clerk job descripti o n at grade level 2 ; that vacancies be declared; and examinations be held for purposes of filing the two vacancies of Deputy Court Clerk . Mr . BeVirt also recommended that Linda Cuthriell , who is occupying a postion and performing the duties of Violations Bureau Clerk, not be required to take the examination for the Violations Bureau Clerk and that the part-time employee, who is also performing the duties of Violations Bureau Clerk , be required to take the examination if interested. Mr. BeVirt explained that the grade levels we re determined by process- ing the job descriptions through the current classification plan and not through the Benchmark Classificati on Sys tem . • I • • ( • • • - Board of Career Servic e Commissioners Minutes Page Five Mr. BeVirt added that the eligibility list for Intermediate Clerk Typist for Municipal Court would be abolished, upon approval, so that specific testing for the Violations Bureau Clerk position could be accomplished. J udge Parkinson stated that he did agree with the job descriptions. Commissioner Brundage moved and Commissioner White seconded to approve the job description of Violations Bureau Clerk at grade level 1. AYE S : NAYS: Henning,Turner, Brundage, Hanson, vlhi te None Co mmissioner Whit e then moved to approve the exemption of Linda Cuthriel l from the required testing for the Violations Bureau Clerk position, since she had transferred from a like position a nd class; Commissioner Hanson l!le t:o n ded . AYES: NAYS : Henning, Turner, Brundage , Hanson White None Commissioner White moved to approve the Deputy Court Clerk job description at grade level 2 ; Commissioner Turner seconded. Co mmi ss ioner Henning asked if there wa s any further discussion, to which Judge Parkinson replied that there was a difference between Mr . BeVirt 's recommendation and that of the Court 's regarding the grade level of Deputy Court Clerk. Judge Parkinson therefore recommended separate motions for the job description and the grade level of Deputy Court Clerk. Mr. BeVirt pointed out that the position was evaluated from the current classification with the possibility and understanding that from the Benchmark review, the position would be upgraded from g rade level 2 to grade level 3. After discussion and explanation of the current classification process, Commissioner Henning asked if the Board wanted to separate the grade level and the job description in the motion of Deputy Court Clerk. Commissioner Brundage contended that the Benchmark Classification System was not being u tilized at the present time and therefore Commissioner Brundage recommended both issues be addressed in one motion. • I • • - • • • • Board of Career Ser vi ce Commissioners Minutes Page Six Judge Parkinson responded that from 138 .3 of the Charter , that it is the power and the duty of the Board to conduct a hearing on all matters subject to Career Service approval. Mr . BeVirt then pointed out that from 5-5 -1 of the Code , that the Board has the authority to establish a position and set the wage under its present classification plan and that the Board was functioning in that capacity . Comm issioner White moved to approve the job description of Deputy Court Clerk as presented and Commissioner Turner seconded . AYES: NAYS : Henning, Turner , Brundage , Hanson White None Commissioner Turner then moved that the Deputy Court Clerk position be established at grade level 2 and Commissioner Brundage seconded. Commissioner Henning asked if there was any discussion on the motion and Judge Parkinson contended that there was no documents of the results of the survey that Mr. BeVirt conducted presented to the Court for examination . Commissioner Henning suggested that Mr . BeVirt make available for the review of Municipal Court the point system used to establish the grade level of Deputy Court Clerk . AYES: NAYS: Henning , Turner, Brundage , Hanson White None Mr . BeVirt recommended that upon City Council approval of the recommendation made by the Board, one vacancy be declared in the Violations Bureau Cle rk position and two vacancies in the Deputy Court Clerk position. Commissioner Brundage moved and Commissioner Turner seconded that pending City Council approval on September 5, 1978 of these job descriptions , that the Board declare one vacancy to exist in the Violations Bureau Clerk position and two vacancies to exist in the Deputy Cou rt Clerk position. \vhen Commissioner Henning asked if there was any further discussion, Judge Parkinson recommended to the Board that vacancies not be de- clared in the Deputy Court Clerk position because people presently occupy those positions who have performed the duties for over a year. Judge Parkinson also stated that it was his position that a reclassi- fication process instead of a promotional process was the issue . • I • • ( • • • .. Bo ard of Care e r Se rvi ce Co mmi s sio ners Minutes Page Seven After f u rth e r dis c u ss i on , Commiss ioner Brund age mo v ed t o postpone indefinit e ly any de c laration of vacanc i es of De p ut y Court Clerk and Violati ons Bureau Clerk ; Commis s i on er Ha n son s econd e d. AYES: NAY S : He nning , Tur n er , Br und age , Hanson White No n e Mr. BeVirt s tat ed tha t the di s p ut e was wit h the Dep ut y Co u r t Cl erk po s ition and that s in ce there was no disp u t e co n c erning t he Vi o la- tions Bureau Cl e rk position , could the Board pr o ceed with grantin g a vacancy in the Violations Bureau Clerk posit i on upon approval of Council . NOTE: Comm is sio ner He nning took a leave of abs e n ce and Commissioner Turn er co n tinu ed t h e meeting as follows : Commissioner White mo v e d and Commissioner Brundage seconded to amend the previ ous mot ion and declare one vacancy in the Vi o latio n s Bure au Cl erk pos it ion, pending City Coun c il approval . AYES : Turne r , Brundage, Han so n , Whit e NAY S : No n e Commissioner Turn e r th e n calle d for a r e c e ss: Commissioner Hen n i n g called the Boar d back in session. Mr . BeVirt recommended and Comm i ssioner Brundage moved for an op i nion from t h e City Attorney regarding recl a ssification as opposed to promotion upon the establishment of a new position with the question being whether incumbent employees would have to go through promotional e x a minations if the grade level on the new position i s higher than th e on e they possess or can it be done by simply reclassifyi n g the e mployee ; Commissioner Hanson second ed . AYES : NAYS : Tu rn er , Brundage , Hanson , White , Hennin g None • I • • • • .. Board of Career Service Commissioners Minutes Page Eight 0 Chief Robert Holmes then requested to address the Board. Chief Holmes request ed that since the Board moved to accept Of ficer Car son 's intent, that the Board direct him where to place Of fic er Carson on the established interview list . Chief Holmes advised the Board that there could possibly be dissatisfaction among the other applicants due to preferences of interview times, After a lenghty discussion, the Board recommended that Officer Carson be placed on the last interview o f the fourth day. ********** The next item on the agenda was the Commissioners• Choice . Commis- sioner Turner suggested that a meeting with Phil Oliver be established and asked when Mr. Oliver would be in town. Mr. BeVirt agreed to report to the Board regarding Mr . Oliver's schedule . Commissioner Henning presented a letter addressed to Al Rhoades in response to his letter to the Board. Commissioner Henning asked if the letter could be delivered to Mr. Rhoades tomorrow, since he had left the meeting earlier. Commissioner Henning also requested that the letter be attached to the minutes. Commissioner Brundage then stated that he had also prepared a state- ment in response to Al Rhoades' letter. Commissioner Brundage read his statement of dissatisfaction of the accusations made by the Employees Association. Commissioner Brundage requested that his statement be typed and attached to the minutes of this meeting. Commissioner Brundage also requested that a copy be sent to Al Rhoades, President of Englewood Employees Association. Commissioner White requested to rescind the motion regarding Officer Carson and revote on it. Commissioner Henning advised Commissioner White that the vote was 3 to 2 and that if he voted on the prevailing side, that he could ask for a reconsideration of the motion. The record was checked and Commissioner White moved to reconsider the motion allowing Officer Carson to take the promotional examination; Commissioner Hanson seconded. AYES: NAYS: Turner , Brundage, Hanson, White Henning Commiss ioner White then made a new motion that the Board refuse to accept Officer Carson's intent to take the examination of Sergeant and Commissioner Brundage seconded . AYES: Turner, Brundage, Hanson , White NAYS: Henning • I • • • • .. • Bo ard of Career Service Commissioners Min utes Page Nine Judge Parkinson made a final statemen t which included an apology to Commissioner Henning . Judge Parkinson stated that there was no bias to any member of the Board or t o the City Manager 's staff. Judge Parkinson emphasized that his efforts have been solely to maintain the independence of Municipal Court to make its own decisions. Commissioner Henning assured Judge Parkinsonthere was no personal animosity flowing in any direction, but that there wa s a strong difference of opinion. ********** The next item on the agenda wa s the approval of the eligibility lists. Commissioner White moved and Commissioner Brundage seconded to approve the following eligibility lists: Engineering Inspection Supervisor (Engi neering) Me chanic (Public Works) Maintenanceworker (Parks) Junior Account Clerk (Finance-Purchasing) AYES : NAYS: Henning, Turner, Brundage , Hanson White None ********** The next item on the agenda was the Declaration of Vacancies. The vacancies of Engineering Aide II (Engineering), Maintenanceworker (Parks), Sergeant (Po lice), Traffic Engineer (Public Works), Lieu- tenant (Police), Captain (Police), Emergency Communicator (Police), Intermediate Clerk Typist (Fire), Administrative Assistant (Housing), and Pl umbing and Mechanical Inspector (Community Development) were declared. Commissioner Brundage moved and Commissioner Hanson seconded the approval of the vacancies. AYES: NAYS: Henning, Turner, Brundage, Hanson White None ********** The next item on the agenda was the approval of the Personnel Actions. Commissioner White moved and Commissioner Turner seconded that the list of personnel actions be approved. AYES: NAYS: Henning, Turner , Brundage, Hanson White None •••••••••• • I • - • • • • Board of Career Service Commissioners Minutes Page Ten Commiss ioner Henning called for a motion to adjourn the meeting . Comm issioner White moved and Commissioner Hanson seconded to adjou rn the meeting. AY ES : NAYS: NE W PROBATIONARY EMPLOYEES: Quinn, Glenn A. Seitz , Robert Trevithick, Terry A. RESI GNAT I ONS: . Bradley , Pelham C. Cranford , Lois L. Durant, Henry J. Ferguson, Paul Ha nd, J. Beth Lo wry, Mary Lou Nurray, Malcolm TERMI NAT IONS: Houpt , Kenneth Henning , Turner , Brund age , Hanson White None ********** Apprentice Operator/Trainee 2-A, Effective 8/2 1/78 Firefighter -4th Class Effective 7/17/78 Jr . Account Clerk .1-A, Effective 8/10/78 Police Officer-1st Class Effective 7/23/78 Junior Account Clerk 1-A, Effecti ve 8/18/78 Engineering Inspection Supervisor 7-E, Effective 8/11/78 Superintendent 10-D , Effective 8/25/78 Recreation Supervisor 8-A, Effective 10/31/78 Emergency Communicator 4-E , Effective 7/19/78 Building Inspector 7-D , Effective 8/11/78 Maintenanceworker 2-A , Effective 8/1/78 • I • ( • • • - Bnard of Career Service Co mmissio~ers Minutes 0 Page EJ even PROBATIONARY TO PERMANENT WITH INC REASE : Han se n, Susa n D. Ja cin to, Martin Miller, Galen Law En forcement Aide 3-B, Effective 7/l/78 Pl ant Operator 6-B, Effective 8/l/78 Firefighter -3rd Class Effecti ve 8/l/78 Q Vandemark , Albert G. Housing and Rehabilitation Technician 7 -B , Effective 8 /16/78 Woem pner, Stanley Woodard, Ke nneth B. ANNIVER SARY INCREASES: Atkins, Malcolm Brown, Hugh H. Kelle y, Karen Livergood , Patricia Robinson, Mar tin Siegel , Craig S la te r, Ellis MERI T INCREASE : Patrone, Pa trice Elect ro-Mechanical Technician 6-B, Effective 8/l/78 Plant Operator 6-B, Effective 8/l/78 Electrical Inspector 7-E, Effective 8/16/78 Administrative Assistant Effective 8/1/78 Childrens Librarian 8-c, Effective 8/1/78 Sales Tax Auditor 7 -E , Effective 7/16/78 Mechanic 6-c, Effective 8/16/78 Maintenanceworker 2-E, Effective 7/1/78 Maintenanceworke r 2 -E , Effecti ve 8/1/78 I nt ermediate Clerk-Typist 1-B, Effective 6/16/78 I • • • • • • Board of Career Service Commissioner Minutes Page TW€lve PROMOTIONS: Bueno , Isadore LATERAL TRANSFERS : Cuthriell , Linda Fessenden , Alice TEMPORARY UPGRADE: Brantley , Karen L . APPROVAL OF ELIGIBILITY LISTS : Engineering Inspection Supervisor 7 -B , Effective 8/14/78 Intermediate Clerk Typist 1 -D, Ef fective 7 /17/78 Associate Planner 8-c , Effective 8/l/78 Computer Programmer/Systems Analyst 7-B , Effective 6/15/78 l . Engineering Inspection Supervisor (Engineering) 2 . Mechanic (Public Works) 3 . Maintenanceworker (Parks) 4 . Junior Account Clerk (Finance-Purchasing) DECLARATION OF VACANCIES : 1. Engineering Aide II (Engineering) 2 . Maintenanceworker (Parks) 3 . Sergeant (Police) 4. Traffic Engineer (Public Works) 5. Lieutenant (Police) 6 . Captain (Police) 7. Emerge ncy Communicator (Police) 8 . Inte rmediate Clerk Typist (Fire) 9 . Administrative Assistant (Housing) 10 . Pl umbing and Mechanical Inspector (Community Development) Respectfully Submitted , Qj.~h! td-Q._.~ Iffl. \,V Chona Hol11riS)eCorng Secretary Approved, Judith B. Henning, Chairperson • I • • • • - EMPLOYEES' RETIREMENT BOARD Minutes -August 22, 19 78 s c Meeting call e d to order at 4:10p.m. Members Present : Earl Ladewig, Rob ert Harrington, Donald Williams, Donald Smith, Kay Roberts, Rick Kah m Absent: John Neal Also Present: City Attorney Bera rdini Eric Johannisson City Attorney Berardin i outlined his conversation with William James, Fin a nc e Director, and Mel BeVirt, Employee Re lations Director, relating to disability retir eme nt. He referred to EMC 5-9 -19 (a). Mr . Berardini stated that: l. The Employee Relations Director should not have authority/responsibility to make a determination relating to disability termination or retirement. Disability cases should be submitted to the Em- ployees' Retirement Board for determination. The Board would r eview all evidence and documentation in maki n g tl1e d etermination . 2 . In applications involving application fo r Long Term Disability, the applicant would be eligible f or payments from the retirement system during the six (6) month waitine period between the appli- cant's last day of receipt of pay from the City to the beginning of receipt of payments from Long Term Disability Insurance. As the EMC is currently written (5-9-19), the employee would be eligible for thes e paym e nts even though the intent of the plan did not include this. Mr. Berardini stated that he would present a set of standard rul s and procedures to the Board by which to process appli- cations for disability retirement . In general discussion, the Board stated that: 1. Rul s and procedures are necessary if the Board is going to have the responsibility for making dis- ability determinations. Because of membership changes, this is ne e ded for continuity . • 0 I • • • • • .. - Employees' Retirement Board Minute s -August 22, 1978 Page 2 2 . Something must be done to assist employees during the six (6) month wait i ng period between their last City pay and the b eginning of Long Term Dis-ability payments . * * * * * * * * * * * Mr. Ladewig asked fo r a discuss ion on the application for disability retirement submit ted by Brooks Taylo r. The Board received a letter from the City's doctor, Dr. Steffen, recorr~ending that Brooks Taylor be granted a disability r etire-ment. In light of the pr evio us discussion regarding disability re- tirements, Mr. Berardini suggested that the Board do the fol- lowing regarding the Brooks Taylor's application: 1. Determine a date last able to work . 2 . Pay d isability retirement benefits as prescribed by the EMC. 3. Dir e ct Taylor to apply for Long Term Disability (LTD) insurance benefits. 4. If LTD insurance covers Taylor, disconti nue dis- ability retireme nt payments. Kay Rob e rts left the meeting at 5:00 p.m . Brooks Taylor entered the meeting. He stated that he : 1 . Had not worked since June 12, 1978 on the advice of his doctor . 2. Had used up all sick leave and vacation time . 3 . Is still under the care of a cardiologist and is taking several medications. 4. 5 . Has received medical advice that he move to a lower altitude to alleviate stress on heart and emphysema . Has applied for Social Security disability retire- ment and has been ruled disabled by that agency . In addition, he is receiving a small Air Force Reserve retirement benefit. Mr. Taylor left the meeting. • '· 0 I • • - ( • .. Employees' Retirement Board Minutes -August 22, 1978 Page 3 • • • Donald Williams moved, Donald Smith seconded a motion to give Brooks Taylor a medical disability retir eme nt; he be considered disabled as of July 12, 1978; he receive disability retire- ment benefits as of August 1, 1978; he be directed to apply for Long Term Disability Insurance. A copy of this action is to be forwarded to the City Manager and the Employee Re- lations Department for final disposition. Ayes: Harrington, Smith, Williams, Kahm, Ladewig. Nays: None. Absent: Roberts, Neal The Chairman declared the motion carried. Mr. Taylor was advised of the Board's decision. that he has applied for Long Term Disability. The meeting was adjourned at 5 :25 p.m. • He stated D I • • ( • • • • MEMORANDUM 6 A TO : Andy McCown, City Manager FROM: William D. James, Director DATE: August 28, 1978 SUBJECT: Annexation Petition The City Clerk's office is in receipt of a petition request- ing annexation of property contiguous to Englewood in the vicinity of Bell Isle Gardens. According to the Municipal Annexation Act of 1965, it is required that I inform the City Council that this petition is in the custody of the City Clerk's office. WDJ/jlw attachment • I • • • • • - RECEIVED {,J :; 2 ~ 197 8 .1. )..~. ~ ·~' ..-\ • ~L orp. cr m·.::'£ -'\ PETITION FOR ANNEXA TION" · ' Or ENGLEI<OOD COLO RADO TO : The City Council of the City of Englewood, Colorado Englewood City Hall 3400 South Elati Street Englewood, Colorado The undcrsisned Petitioners do hereby petition the City Council of the City of Engle-.·ood, Colorado, to annex to the said C~ty of Englewood, Colorado, pursuant to and in accor- dance with the applicable provi s ions of the ~unicipal Atlnexation Act of 1965, as amended, the hereina1ter described re.:~l pro~ erty situate in the unincor porat ed territory ol Arapahoe County, Colorado, and as the basis for said Petition would show unto the City Counc1l as Jollo~s : 1. Petitioners comprise the o~ncrs of one hundred (100'.1) percent of the area propose d t.o be annexed, eJCclus!ve of streets and alleys. 2. It is desirable and necessary that the heJ'cin- a1ter descr1bed real property be annexe d to the City of Englewood, Colorado. 3. Not less than one-sixth (l /6) of the peri•eter of the hereinafter described r ea l property is contiguous wi tb the City of Englewood, Colorado . 4~ A community or interest exists between the area proposed to be annexed and the City of Englewood, Colorodo; the area proposed to be annexed is urban or w1ll be urbanized in the near t'uture; and the area proposed to be ano~ed is integrated with or capable or being integra ted witb the City of En glewood , Colorado. 5. In establishing the boundaries of the territory proposed to be annexed, no land beld in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or par c els of real estate have been divid~d into separate ports or parcels without the writ ten consent of the landowners thereof . • ) I • • • • • 6 . I n estab lis hi ng th e boundaries of t he a rea pro- posed to b e an n e x ed, no land held in i dentical ownership, whether consisting ot' one ~ract or p a rcel of real esta t e or two o r more contiguou s tracts or parcels of real estate, comprising twenty (20) acres or more which, together with tbe buildings and i mprove ments situat ed thereon has a valuati o n tor a sse ssme nt in excess of two hun dr e d thousan d dollars fo r ad va lor e m tax purpos e s for the year next prec eding t he a nn e xa- tton , has been include d in th e area proposed to be annexed without the written c onsent o f the landowne rs thereof. 7 .. The propos ed anne xation will not result in t he detachment of are a from any s c hool district and atta c h the sa•e to another school d i stri c t. 8 . In a ll respects, the requireme nts of S ec tions Jl-12-104 and Jl-12-105 o f the Municipal Annexation Ac t of 1965, as amended, exist or ha ve been aet. 9. The l eg al d e s cri ption of th e land s ought to be annexed to the City of Englewood, Colorado, is as follows : "Beginn ing a t the Northwe s t c orner of Plot 13, Dell I s le Gardens, Arapahoe Cou nt y , Color a do; Thence South 1 2 r55' East a d is tance o f 579.1 4 f eet t o t he t r ue point of beginning, said true point o f begin n ing a l s o be i ng a point on th e Ci ty Limits line of Englewoo d, Colora do ; t he nce continuing South 12 '55' East along s a i d Ci t y L~m its of Englewood, Colorado, a dis tanc e of 275 teet to the s outh e rnaost c orne r o f Plot 1 3, Be ll Isle Garde ns; thence North 8 '05' East a lon g the Clty L imits o f Englewood a distance oJ 271 feet mo re or less : the nce South 89 4 7 ' West and parallel with the nort hern li ne o f Plot 13 , a distance of 99.6 feet more or less to the t rue point of beginning: sa1d tract of land containing .307 acres more or less .. 10. Accompanying the within Petition a r e 1nur copies of an annexation map containing th~ information as requ ired b y Sectio n 31-12-10 7 (1) (d ) o f the Mu n icipal Annexa tion Ac t of 1965, as a me nde d . 1 1 . Pet i tio ners re quest tbe City of Englewood , Co l orado , appr ove the annexation of th e area p r oposed to be annexed. • I • • - • Signature of Landowner /.;·· /. 1. I I • ,; , ' 1 ; / ~ay~' E. Oakley~ -~. I ., 2. -it .,/.' y ·.~/.r :'-v illaJ . Oakley 7 STATE OF COLORADO COUNTY OF ARAPAHOE • • • Mailing Address of Landowner 4748 South Lincoln St. Englewood, Co. 80110 4748 South Lincoln St. Englewood, Co. 80110 ss Date of Sign:Jture // ?;- J -_JJ -lf"' The fo regoing instrument was ackno\l'l e dged before ae this :2.l....:._.J day of I , 1978, by Wayne E. Oakley and Wilaa J . Oakl ey. My Commission expires : •.I Witness my hand and official seal. Notary Public (SEAL I • I • • • • • • • OAKLEY ANNEXATION L DEPARTMENT Of COMMUNITY DEVELOPMENT CITY OF ENGLEWOOD, COLOR A DO 8-30-78 • w. STANFORD ENGLEWOOD r------- 1 I I I ' I I I ARA OE CO TUFTS !!:! ~I w a: ~ ~ \ ENGLEWOOD \ I \.. I ., CITY RESERVOI R AVE. ENGLEWOOD AVE . SUBJECT PROPERTY Scale I"= 200' • I . • \ • • • • 6 B TO: City Manager~~Jtn Richard S. f~h: Director of Community Development FROM: DATE: August 23, 1978 SUBJECT: 1978 NAHRO National Conference NAHRO Conferences are an invaluable way to keep up with de- velopments in the housing field and to exchange views with other housing officials. I believe that both Richard Love and the City of Englewood would benefit from his attendance at this year's meeting in Seattle from October 7 -10, If the Housing Authority concurs in the funding of this trip, I recommend that Mr. Love be permitted to attend. gw • I • • • • MEMORANDUM TO: Rich Wanush, Director Community Development FROM: 71f1__.Rich Love, Executive Director '~ Housing Authority DATE: August 23, 1978 SUBJECT: NAHRO's 1978 National Conference This year NAHRO's National Conference is being held in Seattle, Washington from Oc t ober 7-10. This special request is for the attendance of the Assistant Director of Community Development Housing to the conference. Attached is the conference program . Attendance by the writer would be very beneficial to our Community Development department's on-going and future programs. c • I • • \ - BmER DELIVERY- OF HOUSING AND COMMUNITY DEVELOPMENT PROGRAMS THROUGH INTERACTION NAHRO'S 1978 NATIONAL CONFERENCE OCTOBER&-10 SEA mE • • • • SATURDAY, 0CTOBER7 11 :00 a.m .-8:00p.m. Conference Registration SUNDAY, OCTOBERS 9:30 a.m.-Noon Commissioners Se11lon : The Dynamics of lnter~ctlon Local agency commissioners will con· vene tn a spectal sesston to examtne the" mteractio n with other key par · t1C1pants in the public housing and com- munity development processes . The policy deve lopmen t and political roles ol commisstoners and thetr relationShips to program adminiStrators. program spe · c ialists . government OIIICials . and restdents w ill be covered In th1s sess1on . 9:30 a.m.-Noon Concurrent Seas lons : The Dynamics of Interaction Each session w ill examme the 1nteract1on among program professionals . local pollt1ca1 leader s. business rep1esrmla t1ves. netghborhOOd leaders and hou ng restdents Se ss1on 1 The Dynam1cs or ln!erac!lon tn Community Developmen t. Rehabtl · t!atton . andrNetghb,rhOOd Conse rva · t1on Sesston 2 The Dynam1cs ol lnterac tton tn Housmg Development , Manage - ment . Ma in tenance , and Modern iza · tton Noon-2:00p.m. Reception , held In conjunction with NAHRO 's Exhibit of Building and Maintenance Producta , Houalng Management S.rvlc .. , Houa ln g Development Servlcea , and Com. munlty Development Services 2:30 p.m.-5:00p.m. Part I Keynote Address by the Honorable Patncta R Harrts Secre tary , Departmem ol Hous1ng ana Ur ban Developme nt The Adm 1n1stra !ton 's Perspec t1ve on Urbdn Po11~y Part II How Well Can the New Partner shtp Work ? Perspect1ves on Urban Polley from State Government. Local Government. Bustn ess . and NetghborhOOd Representattves 5:30 p.m.-8:00p .m. Re::eptlon and Exhibit VIewing • MONDAY, 0CTOBER9 7:30 a .m.-9:00a.m. Breeklut meeting aponsored by the NAHRO T .. k Force lor Women In Houalng and Community Develop · ment (Purchase ttckets at on -s ite reg1stratton) 9:00 a .m.-Noon Concurrent Sesstons . Po i1C1es to lm· prove Program Delivery A year-long ellort by lou r NAHRO task forces ha s brought about cnt1ca 1 policy recommendations '" spec111c program areas . The work ol these !ask forces and the" recommen da 11ons w ill be ex · ammed and discussed by con feren ce delegates tn the lollowmg sesstons Sesston t · Res 1dent D1slocat1on through Ne1ghborhood Conservation and Com · muntty Developmen t Sesston 2. Public Welfare and Assisted Housmg Sect ton 3 Energy Conservation through Commumty Developmem and ASSISted HOUSing Sess1on 4. Tenant ParttCIPatton 1n PubliC Housmg Noon-2:00p.m. Reception end Exhibit VIewing • 2:00 p.m.-5:00p.m . Concurrent Seulona: Examining Local Program Expertenc .. and Evaluating New Program Technlquea Delegates wt/1 convene tn one ol ltve concurrent sess1ons, each ol whtch Will present . lor information and group dis · cusstons , case studies on local agency expenences in applying new techn1ques to better admmtster and 1mplement housing and communtty development programs Sess1on t Urban Development Act10n Grants. case studtes ol approved UDAG programs tn small and large cities Sess1on 2 Rehabtlitatton Programs · case studtes on successfully coor · Omatmg f nd targetmg public and pnvate resources Sesston 3 Fmanctal Management . case studtes on success fu l ltnanctal manaqPment techniques 1n housmg and .umrnun uy development S ss1on 4 lntegr at tn g Hou smg Manage ment and Soctal Servtc es Programs case s tud1es demonstrattng a range ol expenences from HUD s Target ProJ ects Program to the new Urban ln1t 1at1ves program Sess1on 5 Housmg PrOductton F1nanc1ng C.JSe studto& on mnovattve ltrtdrtCtng tect1 ntques and mechantsms . tncludmg expenences with Sec lion 1 t (b) hnancmg 5:00 p.m .-7:00 p.m. Reception end Exhibit VIewing 7:30p.m . Banquet end Guest Speaker I • TUESDAY, OCTOBER10 11 :30 a .m.-11 :30 a.m. Concurrent Senlone: The Impact ol Federal Policies end Programs on Housing and Communit y Develop · ment Activities Delegates wi ll meet 1n three concurrent sessions wrth offrc rals from vanous federa l agenc res ro examrne a lull range ol policres and programs related to p lan · ning , lrnancrng , ana rmplementrng assisted housing , communrty deve lop· ment . economrc development . and nerghborhood rmprovement p rog rams at the local level Sess ron 1 The Impact ol Federal Policres and Programs on Housrng Management. Marn renance . Modernr · zat ro n, and Development Sess ron 2 . The Impact ol Federa l Po lr cres and Programs on Community and Econom ic Development Sessron 3 The lmpac ol Federa l Po lr cres and Prog ra ms on Rehab rlrta · tron and Ne rghborhood Conservat ron 11 :30 e.m.-12 :30 p.m. Reception end Exhib it VIew ing 1:00 p .m.-3:30p .m . Luncheon end NAHRO 's An nual Buelnan Meeting 3:30 p .m.-5:00 p.m. Ge nera l Se ssion : lnterectlon bel · wee n Locel Pub li c Agenc ies and HUD The status ol current HUD programs • and new program lnrtratlves wr ll be drs · cussed by representat rves from The Oflrce ol the Assrstant Secretary lor Communrty Plannrng and Deve lopment . The Ollrce ol the Ass rstant Se cr etary lor Hous ing-FHA Comm1ssroner . The Offtce ol the Assrs ta nt Secretary lor Ne rg hborhoods Volunta ry Ass ocr atlons . and Consumer Protectron . The New Communrtres Development Corpora I ron • - FAMILY PROGRAM Rog rster ad spo usos chlldwn. a nti l)tJP~t s of c1eiEig Ht€ls are rnvrtP.d ro par · li{..l f .. k iiO ifl 0 !,f,JI H,.II-t l f IHIItl y 11tllyt.ll ll II!UI rnc lu des lhe followrng rtrnera ry ol SI Qilt seerng ac!lvrttes SUNDAY, OCTOBER 8 DISCOVER SCEN IC SEATTLE Vrew the rntrigu tng blend ol hts tory and beauty rncludtng Puget Sound , Lake Washrngton , Chrnatown , lloatrng brtdges , the Arboretum ne ar the Unrversity or Washrngton . and the Olymprc Mountarn Ra nge -all to tally na rrated V1srr Gold Ru sh Strtp . stroll through Prke Place Ma rke . whrch rs one ol the natron 's last remarnrng Iarmer 's market s. and vrew salmon mrgratron through underwater wrndows at the frsh la dde r besrde the Governm ent Locks Lun ch wrll be se rved at the Ba refoot Pea sant rn Sea ttle's Restored Under· ground rn hrstortc Proneer Square The Squa re 1s the hear\ Of Old Seattle wrth biOtk after tlttlck bf ant iquated bur ldrngs restor ed and remodeled to house art ga llerres restaurants . and boutrques MONDAY , OCTOBER 9 ADV ENTU RE WA TER CRUISE Sea ttle s famous c rurse ·seerng adven ture wrrh comple te voyage commenta ry . Pass from fresh to sa lt water through the Government Loc ks rnto the Port of Seattle . rotnrng the bustle of tugboats . su pe r fer rtes . and rnt ernatrona l vessels Vrew one of the most beautrful sky lrn es rn the wor ld -Queen Ann e and Caprlol Hr lls, Krn gdome St adrum , and Mount Rarn rer Aft r the crutse you w rrt vrsrt the Seattle Center lor lunch at the Spa ce Needle. the famous landmar olth 1 2 Worlds Farr revolvrng 600 fPPt above the cr ty and prov •d 1ng a m.-gn 1frcent. panoram 1c v1ew • TUESDAY, OCTOBER 10 SNOQUALMIE FALLS LODQE ANC SA I NTE MICHELLE WINERY Traver to tne tootnur s o• tne Cascaoe Mounta rn s and en 1oy a coun try·style larm brunch at Snoqualm1 e Falls Lexh: burtt rn 19 t 6 . and one ol the tew remi rng authentrc country rnn s rn Amertca Stroll through the cathedra l prnes and firs to vre w the breathtakrng falls cascadrng 268 feet rn to the canyon below Tour Washington 's la ;gest wrnery , Sarnr e M ich elle , a carefully preserved Frenc h-style chateau burtt rn 1912 . St t through the fo rm at gardens and arbor tum-like grounds and take the gurded step·by ·step tour ol the wmemakrng p cess wrth trme for w rne tastrng and shopping tn the grit shop. In addrtron to these spec ral program a ttv rtres . Famr ly Program delegates wrll recerve trck ets to Conference receptiC and the Monday evenrng banquet. Se! Conference reg rst ratron rnform atron lc lrstrng of Fam rt y Program Delegate ret rstrat1o n fees NOTE: ONLY PERSONS REGISTEREI AS FAMIL Y DELEG ATES MA) PARTICIPAT E IN THE FAMIL ~ PROGRA M ACTIVITIES , PRE/POST CONFERENCE TOURS For persons tnterested rn makrng rese va11 o1'1s tor srghtseerng tours before or after the conferen ce . the fo llowtng rs oflretal Con fe ren ce Tour Agent to be contacted drrectly Graylrne Tours 4 15 Seneca Street Sea ttl e Wa shrngton 9810 t 206/622 1262 Graytrne wtll forward rnform atton on ava rl~tliP tour s and costs . and wrtt ma oil .el!.lll<Jt'111ntll '. ltH you .tm11cu vow group Some or the tours hdVe lrmrtecJ sprrco . rn order to accomplrsh advanc lJt)(l~urg and ussur" trun:tporlllli<lll , rt advrsed that you con ta c t Grayllne To~ as soon as possrble I • CONFERENCE REGISTRAnON FORM .. Complete form end mell with reglatratlon payment to: NAHRO Conference Reglatrar Su it e 404 2600 Virgin ia Avenue , N.W. Wash ington . D.C. 20037 A se parate form must .be completed for each regis tra nt. Photo copies of this form may be used . Make all registration checks payable to NAHRO Confere nce. Enclosed is 0 check 0 c la im vou cher lor $ to pay for the reg is trat ion checked below . REGISTRATION FEES ... c;i?"'(' ... when pa id before August 22 : c).r~1 B !I NAHRO Member Delegate-495J 0/J-1 0 Nonmember Detegate-$1P' 0 Family Program Delegate-$65 ... when paid between August 22 and September 22 · 0 NAHRO Member Delegate -$11 0 0 Nonmember Delega te-$140 0 Family Program Delegate-$80 ... when paod after September 22 : 0 NAHRO Member De legate-$120 0 Nonmember Delegate-$150 0 Family Program Delegate -$90 Nam e 7?/ ('/Ill~ 1J /J . I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Title E,{Ecvrlv-E !JIIf'C?cTCJ~ _ 1 Organizat ion f:J../C/..t;:"WCJoj) /lod5tl./6-1/ur/u;A•ty' I Address 3ijOC) 5tJ. ELAcL __ ~ __ _!_ : Coty /:i/(;jf.=ft/~0/) I State {}:; 1-0 1(1 .4 /) 0 Zop ftJ I I 0 I (lo3) 76/-11'10 I Phone (are a code) Preterred name on badge .•. lJIC/C Lov~ 8 . Q( Also enclosed os payment lor NAHRO membershop SEE BACK COVER FOR FEES AND APPliCATION FORM I I • • • REGISTRATION INFORMATION Adnnce Reglatretlon Delegates and members of their families plannong to attend NAHRO 's 39th Nat ion al Confe ren ce are encou raged to reg is te r in advance . Advance regostration enables the stall to prepa re confer ence materials In advance and will greatly expedite registration on-site . Advence Reglatratlons receiv· ed after Septembe r 29 . 1978 wil l not be processed on ad - vance . The registratoon form on the other si de is to be used in com · plet ing advance regostration . A SeJ.Jara te reg istratoon fo rm mu st be used tor each delegate . photo copoes of the en clos - ed form may be used . All delegate s must posse ss badge s and tickets to attend ollocoal meet ings and fu nct oon s Reglater Eerty: Save Up to $25 By reg istering before Aug ust 22 , 1978 . you can save up to $25 on th e conference registratoon lee . as outloned be low Registration Fees : .. when paod bc lore Augu st ?2 : NAHRO Member Delegate~ Nonmember Delegate-$125 Family Program Delegate -$65 ... when paod between August 22 and September 22 NAHRO Member Delegate -$t1 0 Nonmembe r Delegate -$140 Family Program Delegate -$80 . when pa od alter September 22 NAHRO Membe r Dele gat e-$ t 20 Nonmember Delegate-$150 Famoly Program Delegate-$90 Regi stration Cancellations and Relund s Full reg ostratoon refunds wo ll be ~de on ly on cancellatoons receoved before September 29. 1978 Regostrants cancelling after September 29. t978 w ill receove a retund less $30 To obtJon a ll'lund. thllr e must br Wilt In n noto cr HPiund' woll not be made aller November 3, t 9/tl • I • • • • • • INTRODUCED AS A BILL BY COUNCI LMAN SMITH BY AUTHORITY ?4 ORDINANCE NO. It ______ , SERIES OF 1978. AN ORDINANCE AMENDING SECTION 22.4-13 h., ENTITLED I-1 LIGHT INDUSTRIAL DISTRICT, CONDITIONAL USES, BY CORRECTING SUB-SECTI ON 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 Section 22.4-13 of the City Comprehensive Zoning Ordinance (Ord. #26, Series 1963, as amended) is hereby amended by adding omitted phrases in sub-section "h" as follows: S22.4-13 h. I-1 Light Industrial District CONDITIONAL USES. Provided the public interest is fully protected and the following uses are approved by the City City Planning and Zoning Commission and City Council: (1) Uses (a) Automobile Wrecking Yards and Junk Yards (2) Any automobile wrecking yard o~ junk yard approved pursuant TO the provisions of this Ordinance or any eXIsting automobile wreck- ing yard or j unk yard expanded under the provisions of this Ordinance, shall be set back no less than 150 feet from the boundary line of any residential or residential- professional zone district. (3) Any automobile wrecking yard or junk yard approved pursuant to the provisions OF THIS ORDINANCE, SHALL BE ENCLOSED on it~ perimeter with a solid, non-transparant vertical wall or fence with a MINIMUM HEIGHT OF SIX (6) FEET AND A maximum • I • - • • • • of twelve (12) feet measured fro m ground level. Fences of woven wire or chainlink mate rial shall be prohibited. (5) Any automobile wrecking yard or junk yard 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, read in full and passed on First Reading on the 21st day of August 1 1978. Publ is hed as a Bill for an Ordinance on the 23rd day of August, 1978. Read by title and passed on final reading on the ----------day of --------------' 1978. Published by title as Ordinance No. __________ , Series of 1978, on the ------day of ------------' 1978 . MAYOR ATTEST: ex offic1o C1ty Clerk-Treasu rer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading a nd published by title, as Ordinance No. , Series of 1978. ex officio City Clerk-Treasurer -2- • I • • • • • INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. ~~ , SERIES OF 1978. 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 Section 22.4-13 of the City Comprehensive Zoning Ordinance (Ord. #26, Series 1963, as amended) is hereby amended by adding omitted phrases in sub-section "h" as follows: §22.4-13 h. I-1 Light Industrial District CONDITIONAL USES. Provided the public interest is fully protected and the following uses are approved by the City City Planning and Zoning Commission and City Council: (1) Uses (a) Automobile Wrecking Yards and Junk Yards (2) Any automobile wrecking yard o~ j u nk ya rd approved pursuant TO the provi sions of th i s Ord i nance or any eXIsting a u t om obi l e wreck - i ng y ard or junk yard e xpand e d under the provisions of this Ord inan ce , shall be s et back no l e ss than 150 fe e t fr om the boun da ry line of any residentia l or residential- profess i onal zone d istr ict . (3 ) Any automobile wrec k i ng y ard or junk ya rd a pproved pursuant t.o the prov ision s OF THIS ORDINANCE, SHALL BE ENCL OSED on i t~ perime ter with a solid, non-transparant v e rtical wall or fence wi th a MINIMUM HEIGHT OF SIX (6) FEET AND A maximum • I • • • • • of twelve (12) feet measured from ground level. Fences of woven wire or chainlink material shall be prohibited. (5) Any automobile wrecking yard or junk yard 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 o n e 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, read in full and passed on First Reading on the 21st day of August 1 1978 • Published as a Bill for an Ordinance on the 23rd day of August, 1978. Read by title and passed on final reading on the -""-'£)'-tra __ day of Setfe..m bev I 1978. Published by title as Ordinance No. ~~~~~---· Series of 1978, on the 6th day of MAYOR ATTEST: ex offic~o City Clerk-Treasurer Se..trhmloe-.Y , 1978. u I, William D. James, do hereby certify that the above and foregoing is a true, accurate and c omplete copy of the Ordinance, passed on final reading and published by title, as Ordinance No. 1g , Series of 1978. ex off~cio C~ty Clerk-Treasurer -2- I • • • • • - INTRODUCED AS A BI LL BY CO UNCILMAN SMITH BY AUTHORITY ORDINANCE NO. ______ , SERIES OF 1978. AN ORDINANCE AMENDING SECTION 22.4-13 h., ENTITLED I-1 LIGHT IND USTRIAL DISTRICT, CONDITIONAL USES, BY CORRECTING SUB-SECT ION h. (1) (a) (2) (3) AND (5) BY INCLUDING OMITTED PHRASES IN THE ORI G- INAL PASSAGE OF ORDINANCE NO. 6, SERIES OF 1978. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO UN CIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: S ection 1. That S e ction 22.4-13 of the City Comprehe ns ive Zon i n g Ord i nance (Ord. #2 6 , Se ries 1963, as amended) i s here b y a me nded by add i ng omi t t ed p hrase s i n sub-section "h" as f ollows : §22.4-1 3 h. I-1 L i g h t Industri a l District CONDITIONAL USES. Prov i d e d the p ublic i nte rest is f ully prot e c ted and the follow i ng uses ar e approved by t h e City Ci ty Plann i ng and Zon i ng Comm ission a nd City Counci l: (1 ) Us es (a) Automob i le Wr ec k i n g Ya r ds a n d Jun k Ya rds (2) Any automo b ile wrecking yard o~ j unk ya r d appr o v ed pursuant TO the prov ision s o f this Ordinance or any eXIsting automobile wreck - ing yard or junk yard expanded under the provisions of this Ordinance, shall be set back no less than 150 feet from the boundary line of any residential or residential- professional zone district . (3) Any automobile wrecking yard or junk yard approv ed pursuant to the provisions OF THIS ORD INANCE, SHALL BE ENCLOS ED o n its perimeter with a solid , non-tra n s para nt vertic a l wall or f ence with a MIN IMUM HEIGHT OF SI X (6) FEET AND A maximum • I • • - ( • • • • of twelve (12) feet me asured from ground level. Fences of woven wi re or chainlink material shall be prohibited. (5) Any automobile wre cking yard or j unk yard 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, read in full and passed on First Reading on the 21st day of ~~. 1978. Published as a Bill for an Ordinance on the 23rd day of August, 1978. Read by title and passed on final reading on the day of -------------' 1978. Published by title as Ordinance No. __________ , Series of 1978, on the day of _____________ , 1978. MAYOR ATTEST : ex officio City Clerk-Treasurer I , William D . James, do here by certify t hat the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final r e ading and published by title, as Ordinance No. , Series of 1978. ex officio city Clerk-Treasurer -2- • I • c { • • • •' - INTRODUCED AS A BILL BY CO UN CILMAN CLAYTON 1 B, BY AUTHORITY ORDINANCE NO. ----'/_'1 __ , SERIES OF 1978. 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 CONSTRUCTION OF A DRAINAGE STRUCTURE 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 Lehew Avenue at Big Dry Creek. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL 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 provision of that certain written instrument captioned "Contract" which is attached hereto, consisting of twelve (12) typewritten pages and is hereby incorporated herein by reference. Said instrument g e nerally provides as follows: 1. That the project is for the construction of a drainage structure and approaches on Lehew Av enue and Big Dry Creek. 2. That Federal-aid Funds for the project is limited to $166,500. 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 shall be re sponsible for the supervision of the construction of the project with periodic inspections by the Federal Highway Administration (FHWA) . • I • • • • • 6. That the Agreement is contingent upon all the funds designated for the project be made ava i lable fr om Federal and local sources. Should the sources, Federal or loc al, fail to provide the necessary funds as agreed, the contract may b e 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-discriminat i on provisions attached to said contract. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the M.ayor 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 at te s the same. Introduced, read in full and passed on First Reading on the ~ day of August , 1978. Published as a Bill for an Ordinance on the 23rd day o f ~usr._, 1978. Read by title and passed on final reading on the day of , 1978. Published by title as Ordinance No. Series of 1978, on the day of ----------' 1978. MAYOR ATTEST: ex officio City Cl e rk-Tr e asurer I, William D. James, do hereby certify that the ab~ve and foregoing is a true, accurate and complete copy of the .B1ll for an Ord i nance, introduced, read in full and passed on f1rst reading on the _____ day of , 1978. ex officio City Clerk-Treasurer -2- • I • • ( ( • • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUT HORI TY ORDINANCE NO. --------' SERIES OF 19 78. AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLE \~OOD , COLORADO AND THE STATE DEP ARTMENT OF HIGHWAY S, DIVISION OF HIGHWAYS CONCERNI NG THE USE OF FEDERAL FUNDS FOR THE CONSTRU CTION OF A DRAINAGE STRUCTURE 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 Sta te Department of Highways, Division of Highways are desirous o f 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 provision of that certain written instrument captioned "Contract" which is attached hereto, consisting of twelve (12) typewritten pages and is hereby incorporated herein by reference. Said instrument generally provides as follows: 1. That the project is for the construction of a drainage structure and approaches on Lehow Avenue and Big Dry Creek. 2. That Federal-aid Funds for the project is limited to $166,500. 3. That the Local Agency (City of Englewood) has submitted initial design data o 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 558,500. 5. That the Local Agen cy and the Sta e shall be respons1ble for the supervision o the construction of the project with periodic inspections by the Federal Highway Administration (FHWA) . • I • - ( ( • • • • 6. That the Agreement is contingent upon all t he funds desi gnated for t •e project be made ava 1 lable fr <~ Federal and local sources . Should the sources, Fede ra l or local, fail to provi de the necessary funds as agreed, t he c ontract ma y 'c terminated by either party. 7. That all work under this contract shall comply with Title VI of the Civil Righ ts Act 1964, as set for h in the non-disc rim1nation provis ions attac h ed to sa1d contract. Sect ion 2. The City Counc il of the City of Eng lewood, Colorado hereby authorjzes the Mayor of the City of Eng lewood, Colorado to subscribe his name to said Ag reeme nt and on b ehalf of the City Council of t h e City of Englewood, Colorado, and the Director of Finance , ex off i cio Ci ty Clerk-Treasurer shall attes the same. In roduced, read in full and passed on First Reading on the 2ls day of August , 1978. Published as a Bill for an Ordinance on the 23rd day o f ~ust_, 1 978. Read by title and passed on final reading on the day of-----, 1978. Published by title as Ord i nance No . Series of 1978, on the d ay of -----· 1978. MAYOR ATTEST: ex officio Ci y ClPrk-Treasurer r, W1lliam D. James, do hereby certify that the ab~ve and foregoing 1s a true , accurate and complete copy of the.Blll for an Ordinance, introd uced , read in full and passed on f1rst reading on the __ day of , 1978. ex off1cio City Clerk-Treasurer -2- • I • ( ( • • • • INTRODUCED AS A BILL BY COUNCILMAN ? c Clayton BY AUTHORITY ' ORDINANCE NO. -~--J ____ , SERIES OF 1978. 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) ar~ desirous of entering into an Agreement concerning the replacement of Lehew Bridge across Big Dry Creek; and WHEREAS, the District, in a policy statement previously adopted, e xpressed an intent to assist public bodies which have heretofore enacted flood plain zoning measures; and WHEREAS, a drainage master plan entitled, "Ma jor Drainageway Master Plan--Big Dry Creek," dated June 1975 has been completed in cooperation with Englewood, Littleton, Greenwood Village, Arapahoe County, and Douglas County; and WHEREAS, the District has adopted a Five Year Capital Improvement Program in which the construction of bridge improve- ments at the Lehew Street crossing o f Big Dry Creek is included in Calendar Year 1979; and WHEREAS, $166,500 of Federal funds has become available for the project provided local funds for the project can be committed in 1978; and WHEREAS, Englewood and Littleton wish to proceed with the Colorado Department 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 Dis rict has agreed to participate in the project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. Tha he City of Englewood, Colorado, shall enter into an Agr em nt with the Urban Drainage and Flood Control I • • ( • • .. - District and the City of Littleton, according to the provision s of that certain writt en instrument captioned "Agreement", which is attached hereto, con sist ing of four (4) typewritten pages and is hereby incorpor ated herein by refe ren ce. Said instrument generally provides as follows: 1. That the Agreement is limited to replacemen t of the Lehow Bridge acro ss Big Dry Creek in Arapahoe County. 2. That is is contingent upon the exe cution of the State Department of Highway's "Contract with City of Englewood ". 3. That Englewood, Littleton and the District will share 26% of project costs as set forth in the attached Agreement, with the remaining 74% to be paid by the Federal Aid Fund through the Colorado State Department of Highways. The maximum costs shall not exceed $225,000 without an amendmen t to this Agreement. If the maximum cost is exceeded, any such additional costs shall be shared by Littleton, Englewood and the District on the same basis as the original shares. 4. That after the project has been completed, and Englewood has been billed per the terms of the Agreement refer- red to in Paragraph 2 above, the District and Littleton shall remit their shares of the project costs to Englewood . 5 . That Littleton and Englewood are in agreement as to implementations of the flood plain regulations for their respective portions of Big Dry Creek prior to the c ompletion of the project. 6. The parties agree that Englewood and Littleton shall own and maintain the portion of the completed facilities located i n Englewood and Littleton as set forth in the Agreement attached herewith. It is further agreed that the District shall conduct inspection of the facility from time to time and advise Englewood and Littleton if the facility is not being maintain ed in accordance with accepted engineering standards. The District may provide the required maintenance after written notice to Englewood and Littleton with costs of such maintenance being borne by Englewood and/or Littleton. 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 on and in behalf of the City Council and the City of Englewood, Colorado, and the Director of Finance, ex officio City Clerk-Treasurer attest the same. -2- • I • • ( ( • • • • Introduced, read in full and passed on First Reading on the 21st day of August 1 1978. Published as a Bill for an Ordinance on the 23rd day of August, 1978. Read by title and passed on final reading on the ---------day of -------------' 1978 . Published by title as Ordinance No. Series of 1978, on the day of ---------------' 1978. MAYOR ATTEST: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title, as Ordinance No. , Series of 1978. ex off1c1o C1ty Clerk-Treasurer -3- • I • • ( • • • • INTRODUCED AS A BILL BY COUNCILMAN Clayton BY AUTHORITY ORDINANCE NO. -------' SERIES OF 1978. AN ORDI NANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORA DO, LITTLETON, COLORADO AND THE URBAN DRAINAGE AND FLOO D 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 previously a d opted, e xpress e d a n inte nt to assist public bodies wh ich have here tofore enacted flood plain zoning measures; and WHEREAS, a drainage maste r plan entitled, "Ma j or Drainageway Master Plan--Big Dry Creek," dated June 1975 has bee n completed in cooperation with Englewood, Littleton, Greenwood Village, Arapahoe County, and Douglas County; and WHEREAS, the District has adopted a Five Year Capital Improvement Program in which the c onstru ction of bridge improve- ments at the Lehow Street cross ing o f Big Dry Cree k is inc lude d i n Calendar Year 1979; and WH EREAS, $1 6 6,5 00 of Fede r al funds has become a v ailable for the p ro j ect provid e d l oc a l fun d s for the project can be c ommitte d in 1978; a nd WH EREA S, Englewood a nd Littleton wish to proceed with the Co lorado Depa r t me n t of Highw ays 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 p a rticipate in the project . NO W, THEREFO RE , BE IT ORDAI NE D BY THE CITY COU NCIL OF THE CI TY OF ENGLE WOO D, COLORADO , as follows: Section 1 . That the City of Englewood , Color ado , shall e n ter into an Agreement with the Urban Drai n age and Flood Control • I • • - ( ( • • • - District and the City of Littleton, a c cording to the provis ions of that certain wr itten instrumen t captioned "A greement ", wh ich is attached here to, consisting of four (4) typewritten page s and is hereby incorporated herein by reference. Said i nstrument generally provides a s follows: 1 . That the Agreement is limited to r eplacement of the Lehew Br idge across Big Dry Creek in Arapahoe County. 2 . That is is contingent upon the e x ecution of the State Departmen t of Highway's "Contract with City of Englewood ". 3 . That Englewood, Littleton and the District will share 26% of project cos ts as set forth in the attached Agreement, with the remaining 74% to be paid by the Federal Aid Fund through the Col orado State Departme nt of Highways. The maximum co sts shall not e xceed $225,000 without an amendment to this Agreement. If the maximum c o st is exceeded, any suc h additional costs shall be shared by Littleton, Englewood and the District on the same basis as the original shares. 4. That after the project has been c omplet e d, and Englewoo d has been b illed per the terms of the Agreement refer- red to in Paragraph 2 above, the District and Littleton shall remit their shares of the project costs t o En glewood. 5. That Litt leton and Englewood are in agreement as to implementations of the flo od plain regulations for their respective portions of Big Dry Creek prior to the completion of the project. 6. The partie s agree t hat Englewood and Littleton shall own and maintain the portion of the completed facilities located i n Englewood and Littleton as set forth in the Agreement attached herewith. It is further agreed that the District shall conduct inspection of the facility from time to time and advise Englewood and Littleton if the facility i s not being maintained in accordance with accepted engineering standards. The District may provide the requ~red maintenance after wr itten notice to Englewood and Littleton with costs of such maintenance being borne by Englewood and/or Littleton. Section 2. The City Council of the City of Englewood, Colorado, hereby author~zes he Mayor of the City of Englewood, Colorado, to subscribe his name to said Agreement on and in behalf of t he C~ty Counc~l and the City of Englewood, Colorado, and the D~rector of Finance, ex officio City Clerk-Treasurer attest he same. -2- • I • • . · , . • • • • Introduced, read in full and passed on First Reading on the ~day of August 1 1978, Published as a Bill for an Ordinance on the 23rd day of August, 1978. Read by title and passed on final reading on the ----------day of ____________ , 1978. Published by title as Ordinance No. Series of 1978, on the ----------day of -------------' 1978. MAYOR ATTEST: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title, as Ordinance No. , Series of 1978. ex off~c~o C~ty Clerk-Treasurer -3- • I . • \ • • - INTRODUCED AS A BILL BY COUNCI LMAN SMITH ----~~---------?o I BY AUTHORITY 21 ----------' SERIES OF 1978. ORDINANCE NO. AN ORDINANC E AUTHORIZING THE SALE OF A CERTAIN PARCEL OF REAL PROPERTY LOCATED WITHIN TH E CITY OF GREENWOOD VILLAGE, COLORADO WHEREAS, the City of Englewood owns a parcel of land within the City of Greenwood Village consisting of approximately 4.64 acres which parcel is roughly rectangular in shape which is the location of three major water storage reservoirs for the City of Englewood; and WHEREAS, the City of Greenwood Village desires to purchase and the City of Englewood desires to sell the South Easterly 265.02 feet by 8.5 feet of said area; and WHEREAS, the City of Englewood finds that said area is not needed for the uses originally intended and is no longer required by the City of Englewood; and WHEREAS, said sale is permitted under Section 72 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood and the City of Greenwood Village shall enter into a contract for the sale and purchase of a certain parcel of lond described as follows: That part of the Southwest l/4 of the Northwest 1/4, Section 14, Township 5 South, Rang 68 West of the 6th Princ1pal Meridian, Arapahoe County, Colorado, being more particularly described as follm.;s: Commencing at the Northwest corner of the South- east 1/4, of the Northwest 1/4 of said Section 14, as recorded on the subdivision plat of Greenwood Highlands Filing No. 1, as recorded in Book 28 at Page 33 , Arapahoe County Records, said point in- dica ed as (Place of Beginning) on said plat; • I • ·-I • \ Section 2. • • • Thence s oo•ol'47" w along the East line of said Southwest 1/4 of the Northwest 1/4 of said Section 14, and along the West line of said Greenwood Hi.ghlands Filing No. 1, 366.00 feet to the True Point of Beginning; thence continuing S 00°01'47" W along said East line 265.02 feet; Thence N 89°58'13" W, 8.50 feet; Thence N 00°01'47" E, 265.02 feet; Thence S 89°58'13" E, 8.50 feet to the True Point of Beginning, containing 2,252 square feet or 0.0517 acres more or less. That the consideration for said parcel of the land shall be $.20 per square foot 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 American Real Estate Appraisers, (MAI) said report dated June 26, 1978. Said City of Englewood shall convey the above described parcel of land by General Warranty Deed excepting, however, all easements and rights-of-way of record. S ec tion 3. The City Council hereby authorizes the Mayor to execute and the Director of Finance to Attest all proper documents and the General Warranty Deed necessary to perfect Title in the City of Gre enwood Vi llage. Introduced, read in full and passed on First Reading on the 21st day of August , 1978. Published as a Bill for an Ordinance on the 23rd day of August, 1978. Read by title and passed on final reading on the --~5~t=h~-day of September , 1978. -2- • I • - • • • • • • Publish e d by title as Ordinance No. 21 Series of 1978, on the 6th ----------day of September , 1978. MAYOR ATTE ST: 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 the Ordinance, passed on final reading and published by title, as Ordinance No. 21 , Series of 1978 . ex officio C1ty Clerk-Treasurer -3- ~------~~----~ . I • • • ' • • • INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN OR DINANCE AP PR OVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE ARAPAHOE REGIONAL LIBRARY DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , The Arapahoe Regional Library Distri ct being a statutory regional library district, organized and formed pursuant to Title 24, Article 90, C.R.S. 1 973, as amended; and WHEREAS, The City of Englewood operates a public library within its municipal boundaries, and desires to co-operate within the district in providing library services to district residents according to the terms and conditions set forth in said agreement and WHEREAS, the part ies have contracted previously for a co-operative approac h to the p rovision of such library services . NOW THEREFORE, be it orda i ned by the City Council, City of Englewood, Colorado as foll ows: Section 1. That the City of Englewood sha ll enter i n to a contract with t h e Arapahoe Regional Library District accord - ing to the provisions of the writ ten instrument , "Agreement fo r Library Services ", a copy of said agreement is attached he r eto consisting of t wo (2) pages, and is herein incorporated by this reference. Said instrument generally provides as follows: (1) The district shall pay to the City of Englewood for the year !4'1q fifty-five ($.55) cents per item circu~ated to County Residents, less items circulated during 1q1q to City Residents from the District's Facility. (2) The term of said agreement shall be the year com- mencing January 1, 1979, and ending December 31, f(l'fq. (3) The District shall have access to the City Library Records during regular business hours for the purpose of verifying all figures supplied to the District and the City shall have access to the District Library records for the same purpos • I • • • • • • (4) During the term of the agre em ent , the City shall establish a nd maintain a Bookmobile stop on a once-a-week basis to the Alice B. Terr y School area. (5) An a nnual audit shall be made and a r eview held to verify microfilm records of trans- actions, but said verification may be made by other accepted means. The result of the annua l audit of transact ion s occuring for the term fo the agreement shall be forwarded forthw ith to the parties, but in no event later than June 1 , 1980. The District shall support at the cost o f said audit in a n amou nt not to exceed fi ve -hundred ($500.00) dollars. Section 2. The City Council, The City of Englewood, Colorado, hereby authorizes the Mayor of the City to subscribe his name in said agreement and on behalf of the City Council, The City of Englewood; and, the Director, ex o fficio City Clerk- Treasurer s hall attest the same. Introduced, read in full and passed on Fir s t Reading on the , 1978. Published as a Bill for an Ordinance on the day of ~ ~/..u-v , 1978. {/ ATTEST: ex officio ~erk-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 in full and passed on First Reading on the S t/1 day of d<,()U?'>tW L J , 1978. t! ex~~~k-Treasurer -2- • I • • • • • • AGREfiiENT FOR LJ GR I<R( SER ICfS THIS AGREHIEIH, made and entered into this __ day of-------- lg78 , by and between the ARAPAYOE REGIUNAL LIBRARY DISTRICT , hereinafter sometimes referred t o as "DiHr ict", a nd TilE CITY OF ENGLEWOOD, a Munic 1pal Corpora tion, State of Colorado, hereinaf ter sometimes referred to as "Ci ty". WITNES SETH: WHEREAS, the Arapahoe Regional Library District, be ing a statutory regi ona l library d1Strict organiZed and existing pursuant to Title 24 , Art icle go, Colorado Revised ~tatutes , 1973, as ame nded, for the purpose of prov1d1 ng library service to the residents of the unincorporated areas of Arapahoe Coun ty and those munic:ipaljties w1th1n Sild county not operat1ng their own public libraries; and liH EREAS, the City of Englewo od operates a public 1 ibrary wi thi n its corporate boundaries and desires to cooperate with the District in providing library service to DJStnct residents according to the terms and conditions a s he r einafter set forth below, and in accordance with applicable statutes of the State of Colo rado; and ~·HEREAS, the parties have contracted previously for a cooperative approach t o provision of sa1d library services and desire to continue providing said services bet~-een the City and the District. NOW , THEREFORE. for and in consideration of the mutua 1 premises herein, it i s agreed by and between the parties hereto as follows: 1. The Di strict shall circulate to 1 ibrary cardholders of the City of Englewood any item available for circulation from the District's library facilities , and the City shall circulate to Arapahoe County residents who qualify for and possess a Dis trict library card any item available for circulati on f r om the City's library fac1lities. Both the District and the City shall maintain circula ion records for sa1d transactions and shall submit the same to each other on a quarterly basis. Upon the receipt of said reports, the City shall debit the District for each Item cir- culated by the City to District cardholders , and the District shall debit the City f or each item circuhtPd by the District to the City cardhol ders at the rate of fifty- five cents (50.55) per transa c tion, and paJ!"ent for the net difference between said transactions shall be f'ad e accordingly by the library with the lesser circulation figur~s to the 1 ibrary with the greater circulation figures at this rate. 2. The term of this agree,.,ent shall be for the year cormencing January 1, 1g7 9 up to and intluding Dece,.,ber 31 , 197g. During said ter,, all qualified card~olders for bo th the Di str i ct and the City libra r ies may enjoy reciprocal borrowing at both the • I • • ( ( • ' • • •' • -?- City and t ••e Distr>ct fac ila i es re so e c tively; and sa id cardho lder s shall be s ubj ec t to all applicable rules and recu a ions associated ther ewith. 3. lt is understood betwe•n the part i es hereto that the District shall not receive any equ i ty in book stock or in any of the City's library facil ities by virtue of the terms of thu Agr eement; and, the City shall not receive any equity i n the book stoc k or in any of the District's library facilities by virtue of this agreement. 4. The Dis ri ct shall have access to City l1brary records during normal business hours for the purpose of venfying all f1g ures suppl1ed to the District by the City and the City shall have access to Distr ict library records for the same pur pose. 5 . During the term of th is Ag r ee,.,ent , City will establish and maintain a bookmobile stop on a once-a-we ek basi s to the follow1ng area: Alice Te rry Schoo l 6. Duri ng the annual audlt of eac h party to this ag r eeme nt , an audit of one month 's library transactions undertaken pu rsua nt to the terms of this agreement shall be reviewed. The month to be reviewed shall be randoMly selected by the auditors, and the review shall be made by venfying microfilm records of sai d rans actions or by othe r accepted means. The result of each annual audit of said transaction! occurring for the term o f this agreement shall be forwarded forthw ith to the other party for its review, but in no event later than Ju ne 1, 1gao. The Distric will support cost of said audit to a sum not to exceed $500 .00, IN WITNESS WHEREOF, the part ies have set their hands and seals below . ATIEST : Sec ro ta ry ATIEST : ex officio City Clerk lrPa ur e r ARAPA HOE REGIONAL LIBRARY DISTRICT By~~~~~~~~~~~-­President, Board of Trustees THE CITY OF [JIGLEWOOO By Md~y-o_r _____________________ __ • i ~ I I i i 1 I l l l I I • • If ( ( • • • • INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE ADOPTING BY ·REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL, THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 1, Title XIV of the 1969 Englewood Municipal Code is hereby repealed and readopted with amendments as follows: 14-1-1: ADOPTION MODEL TRAFFIC CODE COLORADO MUNICIPAL ITIES - 1977. (a) Pursuant to Section 44, Article V of the Englewood Home Rule Charter, and Title 31, Article 16, parts 1 and 2, C.R.S. 1973, as amended, there is hereby adopted by reference Articles I to XXVI, inclusive of the 1977 Edition of the "Model Traffic Code for Colorado Municipalities", promulgated and published as such by the State Department of Highways, 4201 East Arkansas Avenue, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the c i ty. The purpose of thi s Ordinanc e and the Code adopted h e r ein i s t o provi de a system of t raf fic r egu l atio n con s i ste nt with state law an d generally c o nfo rm- ing to similar r egulations throughout the state and nation. Three (3 ) copies of the Model Traffic Code ado pted herein are now filed in the office of the Director of Finance ex officio City Clerk of the City of Englewood a n d may be i nspected during regular business hours. The 1977 edition of the Model Traffic Code is adopted as set out at length to save and accept the following articles and/o r sectio ns which are declared t o be inapplicable to this mun icipal ity and are therefore, expressly deleted: (1) Arti c le XXVI. (2) Section 23-8 of Article XXIII. • I • • ( ( ( • • • ,. • (b) Whenever a ny provision of t he Mod e l Tra f f i c Code makes r eference to a n y of the prov i sions thereof appearing i n those portions of the Model Traffic Code set forth in sub-sect i on (2), (1) and (2), hereof, the same shall be taken to refer to the subst i tuted provisions therefor, if any, contained within this title. 14-2-1: CLERK TO KEEP COPIES OF MODEL TRAFFIC CODE The City Clerk shall maint ain a re asona ble supply of copies of the said Model Traffic Code , wh i ch copies shall be available for purchase by the public at a price not to exceed QJ . 9-0 per pa1Je o£ text !'las a AaRaling charge of pe1:. copy. Section 2. That Chapter 2, Title XIV, of the 1969 Englewood Mun1c1pal Code is hereby repealed and a new Chapter 2 is hereby adopted adopted to read as follows: 14-2-1: CHAPTER 2 MODIFICATION TO MODEL TRA F F I C CODE TRAFFIC RULES OFFICE OF THE T RAFFIC ENGINE ER I n l i eu of the p r ov i s i ons of Se c tio n 23-8 of Article XX I II of the Mo d e l Traffic Code t h e follow i ng provision is hereby a d opted : (a ) The office of the Tra ffic Engineer i s he r eby established. The Traffic Engineer shall b e appointed by the City Manager of this Municipality and shall exercise the powers and duties provided in this code. (b) In the absence of such appointment or at such times as the Traffic Engineer may be absent from the Municipality or unable to perform his duties , the said duties shall be vested in the Chief of Police or other Mu nicipal officials as determined and authorized by the City Manager. -2- • I • • ( • • • ,. - 14-2-2: RESTRICTIONS ON SPECIAL MOBILE EQUIPMENT, TRAILERS, T RUCKS AND COMM ERCIAL VEHICLES (a) It .shall be unlawful for the operator or owner of an automobile transport tra i ler, mov i ng van, transit-mix-concrete truck, trailer, semitrailer or truck with manufacturer's rated capac i ty in excess of one and one-half (1-1/2) tons or special mobile equipment to sto~ stand or park such vehicle or to cause such vehicle to be s t opped, stood or parked on any s t ree t or h i g h- way, alley or other public way within the city for a period in excess of (4) hours at any time, except when such vehicle is being expedi- tiously loaded or unloaded or such mob i le equip - ment i s being used to p e r f orm t he spe cial opera- tion s f o r which it was designe rl. (b) Tank trucks, tank trailers or t ank s e mitra i lers shall not park upon the streets, alleys or publ i c or private places within the city exce pt when entirely e mpty and then only for a period not exceeding one (1) hour. No tanks of such vehicles shall be repaired except when completely empty of flammable liquids and only after being thoroughly steamed or washed to remove all ex- plosive vapors. No tank truck, tank semitrailer or tank trailer used f or transporting liquefied petroleum or gas, whether loaded or empty, shall be parked or allowe d to remain upon the streets, alleys or othe r p ublic property or upon any p r i v a t e p r operty wi thin the c ity , e xcept wh en ac tually engag e d in fil l i n g s t orage tan k s o r while under repai r. (c) It shall be unlawful for the operator or owner of any automobile, bus, transport, trailer, moving van, transit-mix concrete truck, trailer semitrailer, truck trailer or tru ck whose manu- facturer's rated capacity is in excess of three- fourths (3/4) ton or special mobile equipment, as defined herein , to stop, stand or park such vehicle or to cause such vehicle to be stopped, stoo d or parked in any residentially zoned area of the city and on any street adjacent to said residentially zoned area of said city at any time, except when such vehicle is being expeditiously loaded or unloaded or such mobile equipment is being used to perform the special operation for which it was designed, on any street or highway, alley or other public way within the City of Englewood. -3- • I • - ' • • • • (d ) The term or phrase "special mob i le equ ipment " shall , for the purpo se of this cha pter, me a n a n d consist of v ehicles, self-propelled or o t h e rw i se, de- signe d p r imarily for operation or use on or o f f the streets and h i ghways and only incidentally use d or moved upon such streets or highways. This definition shall include by way of example, but not by way of limitation, snowplows, road- construction or maintenance equipment, d i tch- digging or excavating apparatus, well-drilling or boring equipment, fire-fighting equipment and vehicles designed to transport equipment and v e hic les used in connection with or for the repair and maintenance of construction or maintenance equipment temporarily or permanently mounted on such vehicles, provided that such equipment is transported from yard to job, job to job, or job to yard, and equipment primarily designed for hoi sting,lifting, moving, loading or digging operations. The foregoing definition is partial and shall not include other vehicles of unusual design , size or shape that are des i gned primarily for purposes other than transporting merchandise or passengers. 14-2-3: MOTOR VEHICLE NOISE (a) It shall be unlawful for any person to drive or move, or for the owenr to cause or knowingly permit to be driven or moved, within this municipality, any motor vehicle which emits a sound pressure level in exce ss of the dB(A) as h e reinafter established. MAX I MUM PERMISSIBLE SOUND PRESSURE LEVELS Vehicle Class Any vehicle greater than 10,000 lbs., manufacturer's gross vehicle weight Any other motor vehicles dB (A) at 25 ft . 88 80 (b) Noise from a motor vehicle within the p u blic right-of-way shall be measured at a distance at least twenty-five (25) feet from t h e nearest side of the nearest traffic lane being monitored and at a height of at least four (4) feet above the immediate surrounding surface. -4- • I • • ( ( • • • .. 14-2-4: MUFFLERS: PREVENTION OF NOISE 14-2-5: It shall be unlawful for any person to operate, or for the ower to cause or knowingly permit the opera- tion of, any vehicle or combination of vehicles within this municipality, which vehicle is not equipped with an adequate muffler in constant opera- tion and properly maintained to prevent any un- necessary noise, and no such muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by a muffler of the type originally installed on the vehicle. NOISE LEVELS It shall be unlawful for any person to drive or move, or for the owner to cause knowingly permit the operation of, any motor vehicle having a manufacturer's gross vehicle rating of less than ten thousand (10,000) pounds, except a motorcycle, within this municipality, which vehicle exceeds ninety-five (95) dB(A) measured not less than twenty (20) inches [five hundred · eight (508) millimeters) from the exhaust outlet. The measured exhaust system sound level of a stationary vehicle shall be the highest reading obtained during the test, disregarding unrelated peaks due to extrane- ous ambient noise. When there is more than one (1) ex- haust outlet extending from a single muff ler, separated by less than twelve (12) inches [three hundred (305) millimeters) , measurements shall not be made on the outlet furthest from the side of he vehic le. Secti o n 3. That Chapter 3, Title XIV, of t he 1969 Englewood Mun icipal Code is hereby repealed and r eadopted with amend- ments as follows: CHAPTER 3 APPLICATION, INTERPRETATION, VALIDITY AND PENALTIES 14-3-1: APPLICATION This Ordinance shall apply to every street, alley, sidewalk area, driveway , park, and to every other public way, or public place, or public parking area, either within or outside the corporate limits of this municipality, the use of which this municipality, has jurisdiction and authority to regulate. The provi- sions of sections 5-l, 5-2, 5-12, 21-11 and 23-3 of the adopted Model Traffic Code respectively, concerning wreckless driving, careless driving, unauthorized devices, eluding police, and accident investigation shall apply not only to public places and way but also throughout this municipality. -5- • I • • ( • • • • 14-3-2: INTERPRETATION 14-3-3 14-3-4 This Ordinance shall be so interpreted and construed as to effectuate it~ general purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and section headings of the ordinance are adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any matter effect the scope, meaning, or extent of the provisions of any article or section thereof. VALIDITY If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not effect the validity of the re~aining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance or each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. PENALTIES The following penalties, herewith set forth in full, shall apply to this ordinance: (a) It is unlawful for any person to violate any of the provisions stated or adopted in this ordinance. (b) Every person convicted of a violation of any provision stated or adopted in this ordina nce shall be pun ished by a fine not exceeding three hundred ($300.00) dollars, or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Section 4. Chapters 4, 5, ~nd 6 of Title XIV of the 1969 Englewood Municipal Code are hereby expressly repealed. Introduced, read_ in full and passed on First Reading on the ,·f"th day of ¥ )')"').J. .. UU , 1978. Published as a Bill for an Ordinance on the h ~ day of ,&.rU 0)l./.J-~U , 1978. } -· ~ ·£y~::W~;J ;< / ~ ~- -6- • I • • • • • - AT'!.'EST: 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, rea in full and on First Reading on the , itJJ day of passed ~~~~~~~--· 1978. ~~k-Treasurer -7- • I • • - ( • \ • • - P R 0 C L A M A T I 0 N WHEREAS, according to highly qualified scientists in cancer research we are walking around with a little time bomb in us from the invironmental carcinogens that we have in our systems, this time bomb may well explode on us ten, fifteen, or twenty years from now in tremendous numbers; and WHEREAS, the tragedy of cancer is all too well known to millions of Americans because of the grief that accompanies it; and WHEREAS, there are few families in the United States that have not been affected by this dread disease; and WHEREAS, it is the belief of the medical profession that cancer is curable if detected and treated in its early stages and that this practice would result in the savings of millions of lives each year; and WHEREAS, the United Cancer Institute has proposed a cancer Control Program, under the auspices of every health department in our nation in recognition of September 8, National Cancer Day, a program of free cancer checkups to be conducted during September 7 -11, 1978; NOW THEREFORE, I JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim September 8, 1978, to be "NATIONAL CANCER DAY" in Englewood and urge all residents to commemorate this observance with appropriate activities. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 5th day of September, 1978. • I • • • • • .. • 1 P R 0 C L A M A T I 0 N WHEREAS, accordinq to hiqhly qualified scientists jn cancer research we are walkinq around with a little time bomb in us from the invironmental carcinogens that we have in our systems, this time bomb may well explode on us ten, fifteen, or twenty years from now in tremendous numbers; and WHEREAS, the traqedy of cancer is all too well known to millions of Americans because of the qrief that accompanies it; and WHEREAS, there are few families in the United States that have not been affected by this dread disease; and WHEREAS, it is the belief of the medical profession · that cancer is curable if detected and treated in its early staqes and that this practice would result in the savings of millions of livea ~ach year; and WHEREAS, the United Cancer Institute has proposed a cancer Control Program, under the auspices of every health department in our nation in recoqnition of September 8, National Cancer Day, a proqram of free cancer checkups to be conducted during September 7 -11, 1978; NOW THEREFORE, I JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby procla.im September 8, 1978, to be .. "NATIONAL CANCER DAY" in Enqlewood and urqe all residents to commemorate this observance with appropriate activities. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 5th day of Septemb,l r, 1978. JAMES L. TAYLOR, Mayor City of Englewood, Colorado • I • • • • • • I N THE UNITED STATES DISTRICT COURT FCR THE DISTRICT OF COLORADO UNIT ED ST ATE S OF H::ERICA , ) ) Plaintiff , ) ) v. ) ) CITY OF ENGLEWOOD, COLORADO AND) CIT Y OF LlTTLE'i'OII , COLORADO, ) ) Defendants. ) ______________________ ) CIVIL ACTION NO. SETTLHiENT AGREE!r.ENT Plaintiff, Unlted States of America , notified the abov~ named Defendants of Plaintiff's intent to institute a civil action in Federal Distr ict Court for the District of Colorado for violations of the Clean Water Act, 33 U.S.C. 1251 !l ~· Flaintiff and Defendants now desire to settle this matter thr ough the contemporaneous filing of a Complaint along with this fully execut ed Settler.ent Agreeme nt. Therefore, Plaintiff and Defendants hereby mutually agree to b e bound by the terms and cond1ticns of this Settlement A&reement through the issuance of the attached Order implementing the terms or this Agree~e nt. !.GRED:ENT 1. Defendants accept service or the Co~plaint filed >~lth the Court, along with the Settle~e nt Agreement in thls action; 2. Defendar. s each agree to respective payrrenta of F!f een Thousand (tl5 ,CCO.OO) Dollars in full satisfaction or all c lai~a alleged by rlaintiff, United States, in thia action ; 3. Fleintiff and Defendants agree that each Defendant ehall contri tut~ the sum of Fifteen Thcuaar.d (tl5,0CC.OO) Dollars , srec'fied in Faragraph 2 . :·: I . ' . ..~ ..... • • • • -2- of th13 Agreement , t o Li ttleton-Engle ~oo d Recycling, Inc., a Color ado nonprof it corporation for the purpose of carrying out the recycl ing progra m recommended by the Natural Resources and Energy Co nservation Task For c e o f the City of Littleton a s approved by the Cities o f Littleton and Engle wood. ~. Of the t otal am ount , Thirty Thou s and ($30,0 00.00) Dollar s , payable to L1ttleton-Engle~ood Rec ycling , Inc ., by De fendants under the terms o f this Agr eem ent, the sum of Twent y Thousand ($20,000.00) Dollars shal l be designated by Defendants for unrestricted us e by Littleton-Englewood Recycling , Inc ., for the purposes stated in, and in accordance with its Articl es or Inc orporation a nd Bylaws . 5 . The rema ining sum or Ten Thousand ($10 ,000.00 ) Do llars payable to Littleton-Engl ew ood Recycling, Inc., under the terms of this Agre e ment shall be designated by De fenda nts for re stricted use by the corporation f or the sole purpose of acquiring an oper ation site 1n the event the corporation's existing l ease is terminated. Defendants shall require that this restricted fund be deposited by the corporation in a separate acc ount and earmarked for site a cquisition. Defendar.ts shall also require that , in the eve nt any portion or this fund is not applied to s ite a cquisi tion on or before the thirty-fir s t day of Decembe r 1980 , the remainder, includ ing interest thereon , shall revert to the cnit ed States unless otherwise expressly authcrized in writ ng by the United States Department of Justice and the United Sta es F.nviro~ental Protection Agenc y and ap proved ty Order of th~a Court. 6. Defendants agree that, not w ith~tanding Article 7 of the Articles or Ir.cor~~ratlor of Li tleton-En glewood Recycling, Inc ., in the event of dissolution , :1~u1dat!on , or ~!nd1ng up or the corporation •1th1n one (1) yea.r of the e ffe ctive elate of tt:ie Agree rrcnt , any as~cta of the corporation not exceeding the sum of • · .. I . - • ' • • • -3- Thirty Thousand ($30,000.00) Dollars which revert to Defendants under Article 7 shall be paid by Defendants to the United States Treasury through the United States Attorney. Dated; This ___ day of -------• 1978 • . Jam es -W. Moo rman"' · ., Assistant Attorney Gene ral City of Littleton , Colorado'-~· /Land and Natural Resourc es 2255 West Berry Avenue Divisi on Littleton, Colorado 80203 Department o f Just ice Hashi ngton, D.C. 20530 Bernard V. Berard ini City Attorney City of Englewood, Colorado 3400 South Elati Street Englewood , Colorado 80110 At torn eys for Defendants By: Joseph F. Dolan United States Attorney C!~~ Assistant United S tates Attorney C. Scott Crabtree Larry Edelman Attorney '-' l- U.S . Environmental Protection Ag ency, Re gion VIII 1860 Lincoln Street Denver, Colorado 80295 Attorneys for Plaintiff • I . ....... - ( ( • • - IN THE U!HTED STATES DISTRICT COURT FOR ~HE DISTRICT OF COLORADO UNITED STATES OF A~ffiRICA, ) ) Plaintiff, ) ) v. ) ) CITY OF ENGLEWOOD , COLORADO AND) CITY OF LITTLETON, COLORADO, ) ) Defendants. ) ______________________ ) CIVIL ACTION NO. SETTLDffiNT AGREEr-:ENT Plaintiff, Un ited States of America, notified the above- named Defendants of Plaintiff's intent to institute a civil action in Federal District Co urt for the District of Colorado for violations of the Clean Water Act, 33 U.S.C. 1251 ~ ~· Plaintiff and Defendants now desire to settle this matter through the contemporaneous filing of a Complaint along with this fully executed Settlenent Agreement. Therefore, Plaintiff and Defendants hereby mutually agree to be bound by the terms and conditions of this Settlement A&reement through the issuance of the attached Order implementing the terms of this Agreement. AGREE~:Et.'l' 1. Defendants accept service of the Complaint filed >11th the Court, along with the Settlement Agreement in this action; 2. Defendants each agree to respective payments of F~fteen Th ousand ($15,0 CO.OO) Dollars in full satisfaction of all claims alleged by rlaintiff, United States, in this action; 3 . Plaintiff and Defendants agree that each Defendant s hall contritute the sum of Fifteen ~housand ($15,000.00) Dollars , specified in Paragraph 2 ........ '· ·.•.· I • • , ( .. ' . . ....... • • • • -2- of th is Agreeme n t , to Lit tl eto n-Eng le ~oo d Recycling, I nc., a Colorad o n on pr o f it corporation for the purpose of carr ying out t he r ecycl i n g program recomm e nded by the Natural Resources and Ene rgy Con serva tion Ta sk Force of the City o f Littleton as approved by th~ Cities o f Li tt leton and Englewood . 4. or the total a mou nt , Th irty Th ou sand ($30,000.00) Dollars , payable to Littl eto n -Engle,.ocd Recycling, Inc., by Defendant s under t h e ter ms o f t his Agr e e ment, t h ~ sum o f Twe nty Tho usand ($2 0 ,000.00) Dol l a r s sh a l l be d~signat e d by Defendants f or unrestricted use by Littleton-Engle wood Re cycling, Inc., for the purposes stat e d 1n , ar.d in accordanc e with i t s Art i cles or Inc or poration and Bylaws . 5. Th e r emaining sum o r Ten Thousa nd ($10 ,000 .00) Dollars payable to Lit t leton-Englewood Rec yc ling, Inc ., under the terms of this Agre e ment s hal l b~ d e signated by De f e ndants for r estricted use by the corporat i o n fo r the sole purpose o f acquiring an operation site 1n the ev e nt the corporation 's ex isting lease is terminated. De fend a nt s shall require that this restricted f und be deposited by the cor porat ion i n a separate acc ount and earmarked for site acquisition. De f endants shall a lso require that, in the event any po rtion o r this fund is not appl ied t o site acquisition on or before the t hirty-f irs t d a y of December 1980, t he rema i nder, inc luding inter est thereon , shall revert to the United Stat es unl e s s otherw i se expressly authorized 1n writing by the United State s Dep artment of Justice and the United States Enviro~ent a l Protection Agency and aprroved by Order of this Court. 6. Defendants agree that, not withstand i ng Article 7 o r the Articles of !ncor~oration of Littleton-Engl e wood Recycling , Inc ., in the event or dissolutic.n, liquidation, or winding u p or the corporat i on 1dthin one (1) year o r the effective dat e of t hie Agreemen , any assets or the corpor at i on not exceeding t he sum or • .. ... I • • ( , ~·. • ., I • \ • • • -3- Thirty Thou s and ($30 ,000.00 ) Dollars which revert to Defendants under Article 7 shall be paid by Defendants to the United States Treasury thro ugh the United States Attorney. Dated: This -day o f -------• 1978 . . James -W. f.1 oo rman/ · ~ Assistant Attorney Gene r a l City of Littleton , Colorado c-..· I Land and Natural Resources 2255 West Berry Avenue Di vision Littleton , Co lor ado 80203 Dep a r tm ent o f Just ice Hashington , D.c. 20530 Bernard V. Berardini City At torney City of Englewood , Colorado 3~00 South Elati Street Englewood, Co lorado 80110 At torneys for Defendants By: Joseph P . Dolan United Stat es At torney C!~~ Assistant United States Attorney C. Scott Crabtree Larry Edelman Attorney u.s. Environmental Protection Agency , Region VIII 1860 Lincoln Street Denve r, Colorado 80295 Attor neys for Plaintiff 0 I • • .... { i • • • • IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO UNI TED STATES OF AMERICA , ) ) Plainti ff, ) ) v. ) ) CITY OF ENGLEWOOD, COLO RADO AND) CITY OF LITTLET ON , COLOR ADO, ) ) Defendants . ) ) CIVIL ACTION NO. SETTLH!ENT AGREE!v.ENT Plaintiff, Uni ted St ates or America , n ot ifi ed the above- named Defendants or Plaintiff's intent to institute a civil action in Federal District Co urt for the District of Colorado for violations of the Clean ~ater Act, 33 U.S .C. 1251 ~ !!S· Plaintiff a nd Defendants now desire to settle thia matter through the cont e mporaneous filing of a Complaint along with this fully executed Settle~ent Agreement. Therefore, Plaintiff and Defendants here by mu tua l ly agree to be bound by the teres and conditions of this Settlement Asreement throush the issuance of the attached Order implementing t he ter ms of this Agreement. AGREH:ENT 1. Defendants accept service of the Complaint filed with the Court, along with the Settlement Agreement in this action; 2. Defendar s each agree to respective payrrents or F!fteen Thousand ($15 ,0CO .OO ) Dollars in full satisfaction of all claims alleged by rlaintiff, United States, in this action; 3. Plaintiff and Defendants agree that each Defendant shall contr1tute the sum of Fifteen Thousand ($15,000.00) Dollars, specified in Fa ragraph 2 • . ·:· .. 0 I • • - ( • • • -2- of this Agreement, t e> Lit tleton-Engle..-ood Recycling, Inc., a Colorado nonprofit corporation for t he purpose of carrying out the recycl i ng pr ogram recommended by the Natural Resources and Energy Conservation Task Force of the City of Littleton as approved by the Cities o f Littleton and Englewood. ~. or the total am ount , Thirty Thousand ($30,000 .00) Dollars , payable to Littleton-Englel<ood Recycling, Inc., by Defendants under the terms of this Agreement , t he sum of Twenty Thousand ($20,000.00} Do llars shall be designated by Defendants for unr estricted use by Littleton-Englewood Recycling, Inc., for the purposes stated in, and in accordance with its Articles or Incorporation and Bylaws . 5. The remaining sum o f Ten Thousand ($1 0 ,000 .00) Dollars payable to Littleton-Engl ew ood Re cycling, Inc ., under the terms of this Agre em ent shall be designated by Defendants for restricted use by the corporation for the sole purpose or acquiring an operation site in the event the corporation's existing lease is terminat ed. Defendant s shall req uire that this restricted fund be deposited by the c orporation in a separate acc ount and earmarked for site a cqui sit1on. Defendants shall also require that, in the event any po rtion of thi s fund i s not applied to s ite acquisition on or before t he thirty-first day o r Decembe r 1980 , the remainder, including interest thereon , shall revert to t he Uni ted State s unl ess otherwise expressly authorized in ftTitin g by the United States Department of Justice and the Un1 ed States Environttental Protection Agency and approved by Order o f this Cou rt. 6. Defe .dants agree that , notwithstanding Article 7 or the }~ticles of Incor~oration o f Littleton-Englewood Recycling, Inc., in the event of diseolution , liquidation , or winding up of the corporation ~·1th in one (1) year of the e ffec tive date of this Agre err ent , any assets of the corporation not exceeding the 8um of I • • - ( ~·· • ' . -3- • • • Thirty Thousand ($30,000.00) Dollars which revert to Defendants under Article 7 shall be paid by Defendant s to the United States Treasury through the United States Attorney. Dated: This---day of-------' 1978. ,._ i .. /·-./ .. (.J ,Jame s ~--1·1oo rman ' : ~ _ As s istant Att orney General City of Littleton, Colorado L~ -J Land and Natura l Resources 2255 West Berry Avenue Division Littleton, Colorado 80203 Department o f Justice 1/ashington, D.C. 20530 Bernard V. Berardini City At torney City of Englewood , Colorado 3~00 South Elati Street Englewood, Colorado 80110 Attorneys for Defendants . ' ' By: Joseph F. Dolan United States Attorney C! 'S,.;su-~ Assistant Unit ed States Attorney C. Scott Crabtree Larry Edelma n Attorney (' l- U.S. Environmental Protection Agency, Region VIII 1860 Lincoln Street Denver, Colorado 80295 Attorneys for Plaintiff .. '· I . .. " ( • • - IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO UNI TED STATES OF A ~1ERIC A, ) ) Plaint 1ff, ) ) v. ) ) CITY OF ENGLEW OOD , COLORADO AND) CITY OF LITTLETON , COLORADO, ) ) Defendants. ) _______________________ ) CIV IL AC'l'ION NO. SETTLn1E NT AGREE MEIIT Plaintiff, Un ited States of America , notified the above- named Defendants of Plaintiff's intent to institute a civil action in Federal Distri ct Co urt for the Di strict of Colorado for violations of the Clean Water Ac t , 33 U.S.C. 1251 ~~· Plaintiff and Defendants now de sire to settle this matter through the contemporaneous filing of a Comp laint alon g with this fully executed Settle~e nt Agreement. Therefore, Plaintiff and Defend ants hereby mutually agree to be bound by the teres and conditions of this Settlement Agreement through the issuance of the attached Order implementing the terms of this Agreeme nt. AGREn:ENT l. Defendants ac c e pt service of the Complaint filed >11th the Court, al ong wl th the Settlement Agreeme nt 1n this action ; ?.. Defendants each agree to respective payments of F!fteen Thousand ($15 ,0CO .OO) Dollars in ful l satisfaction of all claims alleged by rlaintiff, Unite d States, in this action; 3. Plaintiff and Defendants agree that each Deferdant shall contritute the sum o r Fifte n Thousand (!1 5,000.00) Dollars , specified in Paragraph 2 ·-~-. . ~·.· I . ( c ·~ . ...... . .. • • • • -2- of thi s Agre em ent , t o Li ttleton-Eng le ~ood Re cycling, Inc., a Co lorado nonpr ofit corporation for t he purpose of carrying out the recyc ling program recomm ended by the Natural Resources and Energy Conservation Task Forc e of the City of Lit tleton as approved by the Cities o r Li ttleton and Engle wood. 4. Of the total amount , Thirty 7ho~sand ($30 ,000.00) Dollar s , payable to L1ttleton-Engle"oc;d Recycling , I nc ., by Defendants under the terms of this Agree ent , the sum of Twenty Thousand ($2 0 ,000.0 0) Dollars shall b designa ed by Defendant s for unrest ricted u s e by Littleton-Englewood Recyc ling, Inc ., for the purposes stated in, ar.d in accordance with ita Articles or lncorporation and Byla ws. 5 . The re rAin1ng su or Ten Thousano ($10 ,000.00) Do l l ars payable to Littleton-Englewood Recycling, Inc., under the terms of this Agr eement shall be designs ed by De fendants for restricted use by the corporation f or the sole purpose of acqujring an operation site in the event the corporati on's e x ist ing lease is terminated. Defend ants shall require that this restricted fund be de posited by the corpor ation in a separate acc oun t and earmarked for sit e acquisition. Defe nda~ts shall alae requ ire that, in the event any portion o f this fund is not applied to sit e ac qui sition on or before the thirty-first day of Decembe r 1980, the rema inder , including interest thereon , shall revert to the Un ited Sta tes unless otherwise expr essly authorized in writing by the United States Department of Justice and the United States Enviro~ental Pro t ection Agenc y and ap proved by Order or this Cou rt. 6. Defendants agr ee that , not wi thstanding Article 7 of the Article• o f Incorroration of Littleton-Engle•ood Recycling , Inc., in the event of dis•olution, li~uidat!on , or winding up of the corporation ~lthin one (l) year o r the effective date of this AgreerrPnt , any assets of the corporation not exceeding the sum of • 0 I . - ( l • • - -3- Thirty Thousand ($30,000.00) Dollars which revert to Defendants under Article 7 shall be p aid by Defendants to the United States Treasury through the United States Attorney. Dated: This---day of -------• 1978. Bernard V. Berardini City Attorney City of Englewood, Colorado 3400 South Elati Street Englewood, Colorado 80110 Att orneys for Defendants _James w. r-1oorm&n/ · -r-~.Assistant Attorney General j Land and Natural Resources Divi sion By: Department of Justice Vlashington , D.C. 20530 Joeeph F. Dolan Uni ted States Attorney c~~ Assistant United States Attorney c. Scott Crabtree Larry Edelman Attorney " l - U.S. Environmental Protection Agency , Region VIII 1860 Linc o ln Street Denver , Co lorado 80295 Attorneys fo r Plaintiff · .. .,..... ' • I • • (l • • • • RESOLUTION NO. C"J.. __ .,_..;,./ __ , SERIES OF 1978 A RESOLUTION TO ADD THE POSITIONS OF DEPUTY COURT CLERK (GRADE 2 ) AND VI O- LATIONS BUREAU CLERK (GRADEl) TO THE CLASSIFICATION SYSTEM. WHEREAS, the Board of Creer Service Commissione rs, in their meeting of August 17, 1978, recommended that the positions of Deputy Court Clerk and Violations Bureau Clerk be added to the present classi fication system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, that the positions of Deputy Court Clerk and Violations Bureau Clerk be ad ded to t he present classification system . ADOPTED AND APPROVED THIS ----day of ----------' 1978. Mayor ATTEST: ex offi cio City Clerk-Treasurer I, William James, ex officio City Clerk of the City of Englewood, State of Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No. , Series of 1978. ex officio city Clerk-Treasurer • I I • • (( (~ • • • • RESOLUTI ON NO. 53 , SERIES OF 1978 ----- A RESOLUTION TO ADD THE POSITIONS OF DEPUTY COURT CLERK (GRADE 2) AND VIO- LATIONS BUREAU CLERK (GRADE 1) TO THE CLASSIFICATION SYSTEM. WHEREAs, the Board of Creer Service Commissioners, in their meeting of August 17, 1978, recollllllended that the positions of Deputy Court Clerk and Violations Bureau Clerk be added to the present classification system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, that the positions of Deputy Court Clerk and Violations Bureau Clerk be added to the present classification system. A.OOPTED AND APPROVED THIS 5th day of September , 1978 . ------------- Mayor ATTEST: ex officio City Clerk-Treasurer I, William James, ex officio City Clerk of the City of Englewood, State of Colorado, hereby certify that the above is a true, accurate and co mplete copy of Resolution No. 53 , Series of 1978 . ex officio City Clerk-Treasurer • I . Cc • • • • RESOLUTION NO . ~5~4~---' SERIES OF 1978 A RESOLUTION SUPPORTING THE FORMATION OF A DOWNTOWN DEVELOPMENT AUTHORITY AND PLEDGING THE CITY COUNCILS' ACTIVE ASSISTANCE TOWARDS A SUCCESSFUL ELECTION FOR ITS FORMATION. WHEREAS, the City Council of the City of Englewood, Colorado, on August 7, 1978, adopted Ordinance No. 16, Series of 1978, directing a call for 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 WHEREAS, the City Council of the City of Englewood, Colorado believes that the formation of the Downtown Develop- ment Authority should have its full support and the support of all of the citizens of the City of Englewood; NOW, THEREFORE, BE IT RESOLVED by the City Council, the City of Englewood, Colorado, as follows: 1. That the City Council, City of Englewood, Colorado, fully supports the formation of a Downtown Development Authority; and; BE IT FURTHER RESOLVED, that the City Council shall actively work toward a successful special election and the speedy formation of the aforesaid Authority. ADOPTED AND APPROVED THIS --~S_t_h __ day of September, 1978. MAYOR ATTEST: ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk- Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. ~· Series of 1978. ex off~cio C~ty Clerk-Treasurer • I • • ( • • • - RESOLUTION NO . ~5~4~---' SERIES OF 1978 A RESOLUTION SUPPORTING THE FORMATION OF A DOWNTOWN DEVELOPMENT AUTHORITY AND PLEDGING THE CITY COUNCILS' ACTIVE ASSISTANCE TOWARDS A SUCCESSFUL ELEC TION FOR ITS FORMATION. WHEREAS, the City Council of the City of Englewood, Colorado, on August 7, 1978, adopted Ordinance No. 16, Series of 1978, directing a call for 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 WHEREAS, the City Council of the City of Engl e wood, Colorado b e lieves that the formation of the Downtown Develop- ment Authority should have its full support and the support of all of the citizens of t h e City of En g l e wood; NOW, THEREFORE, BE IT RESOLVED by the City Council, the City of Englewood, Colorado, as follows: l. That the City Council, City of Englewood, Colorado, fully supports the formation of a Downtown Development Authority; and; BE IT FURTHER RESOLVED, that the City Council shall actively work toward a successful special election and the speedy formatio n of the aforesaid Author ity . 1 978. ADOPTED AND APPROVED THIS 5th day of September, MAYOR ATTEST: ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk- Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. ~' Series of 1978. ex officio C~ty Clerk Treasurer • I • • !' • Don "'iillians, ou.-1cilman 1J?8l "• ·va hinP't on St ., '<;n"'l">7ood , r:olor :.~do BOll') l)>"i r • • Williams: • • - 487 1 So . r e nRvlv~n il 5~., !:n~lewood , Colora do 8)110 ep embe r ~, 1978 Thi i s an ur ~e n t r equest from the resirlents of ou r neiP'hborhoorl in el:.~ ion t o Sanole ts place at h e ormer Elsie Duncan chool yar n • . c have no ob jection for pr oper t oilet f"ic ilities to be av aila le f or an o ne us i n~' the park . "ovre ver, we do no con si dr>r anole s "pr oj/' " in t~i~ speci ic case . The are mo r e su i able or o ns c t irn p r oj"c ~ 'ot onlv do they detract f r m the a vj,Jea r ::mce of the par k , nut t hev do no t 'Ji.no; to upP'r ade ou r real e~t'ltc alue . It is our under standin~ that a vr oject is in he pla~i TIP' to make ch~nges a t hn Duncan Fuildinr so tha e x isting t oilet facilit i es can be u sed . '~e ao;ree •·i th t his plan -hu t when? '.Y e unne r<;tand tha t hese are especially fo r the children who c ome t o the park .:mrl if suct1 · s he .ase, t hev sh::m l d be l oser to 'JPir ,>l ay 'lre'l :md on the a a vel -where t here a e no sprinkler heads . ·,,. Mention he spr inkle 'l eads ac; tl)e re a~on or het:J be i na placed on t ',is f end of the ~ark was the trucks could not p ick them u p to sanitize them. 'I"do not believe anvone is nai e enou h to t hink the j,oark is mowed by hand . To r o mach i nes are useci and +-.hey ~.'\ ·e a out t he sv.te dimensi on i r es as a t ck . Inci ent ally, trucks do cro~s the park -one leavinq sod last week . l;ut thPre have b en o e r s ; many o thers . Tf these are for the uc;e of vicnic e r s the f acilities now sit under the tr~P in the shade -wh re no rmall v you would have a l'i n i c . We have no t Jud th'lt man lar .e ~icnicc; in thE' p:1 rk all summer . What the park reall y needs is p r ope r-t~let facilitie • more play r ound .. quipT1ll"nt , :.~nd cert :.~i nly \:x>tter li<>'lti na~ .e have one pole with a li<> .t . 'l'l-Jic; rln s n 'J t he g in to cover t~e area . IPt th,.re n o >:Jis take . C e point '-e an to make perfe t ly cle:tr --we 1'Y) •. ~t..T the .va r 1 • This ]!llrk is part of our live • l.l any of us have lived in t ; s blOCK and thl'l adj cent hnuse o n Penns·,l vania alnost 25 year s . ·" like o see it u~l'ld -p r ope rl>. l'l h3ve watched over this par k and .askPd for help ~en i~ was needPd . We have walKed a nd played witn ou r own hil~ P~ i n th~ park , ~o o tr feeli~s for it have not changed. '~ow rnnv of' y ou «no" that lJ-l .1 -l 0 :-re'lr olds re roo king "pot " thPre ? uC/1'1' manv of v ou realize the br zc se1e, n11 dity, etc that Ius manifested i el ? We don 't b<!l' <>ve th>t 'lr"' of vou would care to . i t on vour fr ont pore 1 ~r in on r V"lrrl on •Jm r' dav or ni~~t and witn!lss thi • he for~ i"'h or tOO'Is !ld thl'i r ' AT"'''" -or rn 'l!TLE S"'nr 11 pr oo;rams 1 ecau~ w liKed n res ~rt .d our nei~hhors . llO"'U •h "Or'~~ f an outrt'l~i·n j.., ai• on cle or the nPlewoo Police p t . i n~ up the p r k and now ,.,.;_ th the • h<> I • • • • • • Mr. Don Williams Pa~e 2 Sanolets their ef orts luv been nulli.fied. Prior to thei r installation, they cou ld us~ their SpOt li~hts and keep the park aP it should be . Thev can by no means, leave their p:~tr ol cars and open the "fac ilities" to s e e if thev are empt • Thes Sanolets have created quite a stir amon~ the kids . ru shin~ one in, hol din~ the doo r, tryinp to push he buildi~ over -and n and on . This par k is as close to bei~ under control as any park co d and WP. ive all the credit for this condition to t he En~lewood rolice Dept. You are doinF> them .a dis -ser vice . f you believe that we are exa~P'erating any of these circP "tan e , ll'e res~ct.fully su~P'est that you talk to the En2lewood Police Departme nt . I I {t ( ' ,, ,,, ,..{) ' I / .L \ ~-If{ in~e rely your s, -I t'- s j)_, H . '( '/fl' •\: ) ~~<.':{I r ...-..)t I .. ) 't\A / "' ) /) j/ l/) v . 4'! . I \Itt!- • I • • • • ,. - Co un cilman Smith's comme nts made at the September 5 , 1978 meeting r e lative to his reasons for not attending th e Downtown Dev e lopment Authority Ad Hoc Committee meeting: COUNCILMAN SMITil: There seems to be ---th e r e was a misunderstanding on my part and also thi s Council's ---and I would like to bring that up at this point and time. The o ther night apparently there was a dinner meeting, combination typ e , scheduled and I was publicly ask --- I wa s asked at a meeting if I wa s invited t o th e meeting. My answer was no, and in my own opinion that was true. Howev er , I was invited to the dinner and I was not aware they wer e th e same thing. Now, that arose a couple of questions. Number one -wh e ther I was interested in the Downtown Committee, and my answer, of course, to that is yes and I've worked with that kind of thing since 1955 when I owned a business on Broadway. I did go and see personally Mr. Kaufmann in regard to it, and I also want to, if there was any disagreement on this Council, I would also like to publicly make a --just s tate that I was not aware they were the same me e ting. And so there was some misunderstanding there, but I want to make it public and I want this Council to understand that. One of th e reas ons was that I understand that there were some other members of Council, and maybe some members of the ad hoc committee, that made more to do about it than I did. It really didn't bother me that much had I been overlooked , if somebod y didn't ca ll, or something. Anyway I wanted to get that straighten ed out. • I . • • - CITY COUNCIL MEETING September 5, 1978 ORDINANCE II RESOLUTION II 18, 19, 2<; )1, y{, ><. '"/<! 55. • 0 0 I . . - ' • ' • • • INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AUTH ORIZING THE SALE OF A CERTAIN PARCEL OF REAL PROPERTY LOCATED WITHIN THE CITY OF GREENWOOD VILLAGE, COLORADO WHEREA S, the City of Englewood owns a pa rce l of land within the City of Greenwood Village consisting of approxima ely 4.64 acres whi ch parcel is roughly rec angular in shape which is the loca tion of three major water storage reservoirs for the City of Englewood; and WHEREAS , the Ci ty of Greenwood Village desires to purchas e and the City of Englewood desires to sell the South East e rly 265.02 fee t by 8.5 feet of said area; and WHEREAS, the City of Englewood finds that said area is not needed for the uses originally intended and is no longer required by t he City of Englewood; and WHEREAS, said sale is p ermi tted under Section 72 of the City Charter. NOW, THEREFORE , BE IT ORDAINED BY T HE CITY COUNCIL OF THE CITY OF 'ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood and the City of Greenwood Village shall 'enter into a contract for the sa le and purchase of a certain parcel of land described as follows: That part of the Southwest 1/4 of he Northwest l/4, Section 14, Township 5 South, Range 68 West of the 6th Principal Meridian, Arapahoe County , Colorado, being more particularly described as follows: Commencing t the Northwest corner of the South- eas l/4, of the Northwest 1/4 of said Section 14, as recorded on the subdivision plat of Greenwood Highlands F1ling No. 1 , as recorded in Book 28 at Page 33 , Arapahoe County Records, said point in- dicated as (Place of Beginning) on said plat; • r I • • ' • • • • Thence S 00°01'47" W a l ong the Ea st line of said Southwest l /4 of t he Northwest 1/4 of said Section 14, an d along t he West line of sa i d Greenwood Hi g hlands Filing No. l, 366.00 feet t o t he True Point of Beginning ; thence c on tinui ng S 00°01'47" W along said East l i ne 265.02 fee t; Thence N 89°58 '13" W, 8.50 f eet; Thence N 00°01'47" E, 265.02 feet; Thence S 8 9°58'13" E, 8 .50 feet to the Tr ue P oint of Be g innjng, contai ning 2,25 2 square fe et or 0.0517 acres more or less . That the conside ration for said parcel of the land shall be $.2 0 per square foot for 2,252 squa re feet or a total consideration of $450.00 as shown by the appraisa l report of Ba ughar and Associates, Members of the American Real Estate Appraisers, (MAI) said report dated June 26, 1978 . Said City of Englewood shall convey the above described parcel of land by General Warranty Deed excepting, however, all easements a nd rights-of-way of record. Section 3. The City Council hereby authorizes the Mayor to execute and the Director of Finance to Attest all proper documents and the Gene ral Warranty Deed necessary to perfect Title in the City of Greenwood Village. on the day of ATTEST: Introduces, read i n full and passed on first r e ading ______ day of , 1978. Published as a Bill for an Ordinance on he ------------------' 1978. MAYO R ex officio City Clerk-Treasurer I, Wi lliam D. James, do hereby certify that the above and foregoing is a true, accurate and comple t e copy of the Bill -2- • I ' • • • , for an Ord inance, in troduced, read i n f ul l and pass ed on first reading on the ______ day of , 19 78 . ex officio City Cl e rk-Treasure r I • • -3- • • • • • - INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BE'l'WEEN THE CITY OF ENGLEWOOD, COLORAD O, LITTLETON, COLORADO AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACEMENT OF LEHOW BRIDGE ACROS S BIG DRY CREEK. WHEREAS, the City of Englewood (Englewood), and the City of Littleton (Littleton) , and the Urban Drainage and Flood Control District (District) ar~ desirous of entering into an Agreement concerning the replacement of Lehew 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 Do u glas County; and WHEREAS, the District has adopted a Five Year Capital Improvement Program in wh i ch the construc tion of bridge improve - ments at the Lehew Stree t crossing of Bi g Dry Creek is included in Calendar Year 1979; and WHEREAS, $166,5 00 of Fede ral f unds has become a va i lab le f or the p r oject pro v i ded local funds for the pro jec t can be committed i n 19 7 8 ; and WHEREAS, Englewood and Littleton wish to proceed with the Colorado Departm~nt of Highways with the final design and construction of a new bridge at Lehew 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 ORDAINE D BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood, Colorado, shall enter into an Agreement with the Urban Drainage and Flood Control • J ~ l f I , I • • - • • • ,. • r, Di stri ct and the City of Little ton, according to the provisions of that certa i n written instrume nt captioned "Agre em ent", which is attached h e reto, con s i sting o f four (4) typewrit t en pages and i s h e r e by i n corpor a ted herein by refe rence. Sa i d i n st rume nt g e n erally pro vides a s follows: 1. That the Agreement is limited to replaceme n t of the L e how Bridge across Big Dry Creek in Arapahoe County. 2. That is is contingent upon the execution of the State Department of Highway's "Contract wi th C i ty of Eng l ewood". 3. That Englewood, Littleton and the Distr i ct will s h are 26% of project costs as s e t forth i n the at t ached Ag reemen t, with the remaining 74% to be paid by the Fede ral Aid Fund t hroug h t h e Co l orado State De partme nt of Highways. The maximum cost s shall not e x c eed $225,000 without an amendment to this Agreeme nt. If the max i mum cost is exc eeded, any suc h add i tional c os t s sha l l be sha red by L i ttleton, Englewood and t h e Di stri c t on t h e same b asis as the orig i nal shar es. 4. That after the project has b e en completed, and Eng lewood has bee n b i lle d p e r the terms of the Agreeme nt refer- r e d t o in Paragraph 2 above, the Di strict and Littleton shall remi t t heir shares of the projec t costs to Englewood. 5. That L i ttle ton and Englewood are in a greement as t o i mplementat i "ons of the flood plain regulations for their respec t i ve port i ons of Big Dry Cre ek prior to the complet i on of the p r o jec t . 6 . T h e par tie s a gree that Englewood and Little ton shal l own and mainta i n the por tion of the complete d fac i l itie s located in Englewood and Littleton as s e t f orth i n the Agreemen t attached herewith. It is further agreed that t h e Di s t r ict sha l l conduct inspection of the facility from time to ti me and advise Englewood and Littleton if the facility is not being maintained in accordance with accepted engineering standards. The District may provide the required maintenance after written notice to Englewood and Littleton with costs of such maintenance being borne by Englewood and/or Littleton . 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 on and in behalf of the City Council and the City of Englewood, Colorado , and the Director of Finance, ex officio City Clerk-Treasurer attest the same. -2- ~ 1 f I I • • on the day of ATTEST: • • .. • v Introduced , read i n full and passed on first reading _______ day of , 1978. Published as a Bill for an Ordinance on the ------------------' 1978. MAYOR 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 the Bill for an Ordinance, introduced r e ad in full and passed on first reading on the day of , 1978. ' ex officio City Clerk-Treasurer -3- • . I i l f I I . - • • • - AG REE~.EtlT CONCERIWIG REPLACEMENT Of LEHOW BRIDGE ACROSS BIG ORY CREEK Agree..,nt flo. 78-5.1 THI S AGRE EME NT , by and bEtween the URBAN ~AINAGE AND HOOD CO NTROL DISTRICT (herei naft.er ca lled "DISTR ICT "), the CITY OF ENGLE IIOOD (hereinafter called "ENGLEWOOD"), and the CllY OF LITTLETON (hereinafter ca lled "U TILETON"); WITN ESSET H: WHEREAS, DIST RICT , i n a policy statement previously adopted (Resolution No . 14, Series of 1970 ), exp ress ed an intent to assist public bodies which have heretofore enacted flood plain zoning measu res; and WHEREAS, a dra inage master plan entitled, "Maj or Drai nagew ay t\aste r Plan- Big Dry Creek, • by VTN, Consulting Engineers, dated June 1975 has been completed i n cooperation with Englewood, Littleton , Gre e nwood Vi lla ge, A~pahoe County, and Douglas Co unty; and WHEREAS, Dl ST RJCT has adopted , subsequent to a public hearing , a Five- Year capital lmprovenoent Pr og ram (Resol ution No. 38 , Series of 1977) for dra inage and nood control facilities in which the construction of bridge imp rove- me nts at the Lehow Street crossing of Big Dry Creek is i ncluded in Calendar Year 1979; and IMEFIAS, S16 G,500 of Federal funds has become available for t he project under the Safer Off System Roads Program provided local funds for the project can be conrnitte d in 1978; and WHEREAS , total project costs, includi ng desi gn and construction , is estimated to not exceed SZ25,DDD, l eaving .SSC,500 to be shared by District , Enlgewood, and Littleton; and 1/HEREAS, Englewood and Littleton wish to proceed with the Colorado Department of H1ghways with the final design and conrtruction of a new bridge at Lehow Street across Big Dry Creek; and WHEREAS , the Board of D1 rectors of DISTRICT has agreed to participate in the project by adoption of Resolution tlo . 19, Series of Jg78, dated April zo.. 1978; • • ,. I • • • • • ,. • -2 - NOW, THEREFORE , in consideration of the mutual promises contained herein, the Parties agree as follow" 1. This agreement pertains to and is limited to the replacement of the Lehew Bridge a c ross Big Dry Creek in Arapahoe County. 2 . Th is a gr eement is contingent upon the execution of the State Department of Highway 's "Contract wi th City of Englewood," which ;s made a part hereof by reference, the same as if attached hereto. 3. £NG L£WOOD, DISTRICT, and LITTLETON will share in 26: of project costs with the remain i ng 74% to be paid by the Federal Aid Fund through the Colorado State Department of Highways . LITTLETON , ENGLEWOOD and DISTRICT will share in the 26t of project costs on the following basis: DISTRICT UTTlfTON £NGL£W00D 501: 25 ~ 25 : The txltol project cost is estimated to not exceed 5225 ,000. On this bas i s, the maxi"""' cos!S to parties of this agreement a re as fill lows : DISTRICT UTTlfTON ENGLEWOOD so : 251: 25% S2g,250 1.11,625 14 ,625 The maxi"""' costs to each party as set forth above shall not be exceeded without amen dment to this Agreement. If total costs do exceed $225,000, any such additional costs, if and as approved by D1STRICT, ENGLEWOOD and liTTLETON, shall be shared on the same basis as the original shares. 4. DISTRICT and LITTLETON shall rem! t their shares of project costs 5. to £11GL£1.'00D after the project has been co~leted, final quantities have been determined, and the State Department of Highways has billed ENGLEWOOD, UTTLETON, and DISTl!ICT per the terns of the l\gre1!1111!11t referred to in Paragraph 2 above. LITTLETON and ENGLEWOOD agree that 1'lood plain regulations are in existence or are under prepa rat i on and have been or will be adopted and implemented prior to the co~letion of the proJect for their respect!.,. portions of Big Dry Creek. • I • - • • • • - 3 - 6 . MA INTENA NCE. Th e Pa rt i e s ag ree t ha t [llGLEWOOD shall ow n and Jlla in tain the portion of the co~l eted facil iti e s loca t ed in ENG LEWOO D and that LITTLETON shall own a nd mainta i n the po rtion of the co~leted facilities located i n LITTLETON . It shall be the resp on si bility of ENGLEWO OD and liTTLETON to ' a) Keep the bridge free of excessive ve ge tation, silt , and debris so as to maintain iU flood carrying capacity as des i gned . b) Repair any erosion that mi ght occur around the bridge piers. abutrre nts, and errb an krrents . c) Keep bri d ge i n gocd s truc tural repair for safety of pedestrian s and no tori s ts . DISTRICT shall inspect the facility from tillle to time . If the facility is not being ma i ntained in acco rda nce with accepted e ngineering standards. DISTRICT shall so adv i se ENG LE WOOD and LITTLETON . I f nece ssary, after advising and discussing maintenan ce requirements with ENGLEWOOD and/or LITTLETON, DISTRlCT may provide the required maintenance after written notification to the responsible agencies with cost of suc h maintenan ce being bome by ENGLE- WOOD and/or LITTLETON. WHEREFORE, the Parties he reto have caused this instrument to be executed by properly authorized signatures as of the date and year above wr i tten . (S£AL) ATTESl; TH E URBAN DRAI NAGE AND fLO OD CO NT RO L DISTRICT By, __________________________ __ T l tl4! txecut i V4! Di r4!~c:.!t~o~•-------- Oat4!. __________________________ __ • I . • • • -4 -I, THE CITY OF ENGLEW OO D, COLORADO (SI:AL) ~~I ATTEST: ~I By j . . Title Jj Date ~I \ }. ·< ,.,. -! .. THE CITY OF LITTLETON, COLORADO ~ ·• (SEAl) ;.f ATTEST: ~ ~ I By ~ Title ~ Date :• s • .. " ~ ,. -t I . • • • INTRObUCED AS A BILL BY COUNCILMAN A BI LL 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 CONSTRUCTION OF A DRAINAGE STRUCTURE 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 S t ate Department of Highways, Division of Highways ar e desirous of entering into a contract for the construction of a drainage structure and approaches on Lehow Avenue at Big Dry Cre ek. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: S e ct i on 1. That the City of Englewood, Colorado shall enter into a Contract with the State Department of Highways, Division of Hi ghways according to the provision of that certain written instrument captioned "Contract" which is attached hereto, consisting of twelve (12) typewritten pages and i s h ereby i n c orporated heiein by reference. Said instrumen t g e n erally provides as follows: 1. That t h e project is for the const r u c tion of a drainage structure and approaches on Lehow Avenue a nd Big Dr y Creek. 2. That Federal-aid Funds fo r t h e project i s limited to $166 ,500. 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 shall be responsible for the supervision of the construction of the project with periodic inspections by the Federal Highway Administration (FHWA) . • j j ,. I I ~ I I I I • • • • • ,. .. v 6. That the Agreement is contingent upon all the funds des ignated 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. Introduced, read in full and passed on First Reading on the _______ day of , 1978. day of ATTEST: Published as a Bill for an Ordinance on the ---------------' 1978. MAYOR 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 the Bill for an Ordinance, introduced, read in full and passed on first reading on the _____ day of , 1978. ex officio City Clerk-Treasurer -2- • J l 1 I I I , • • - • SOS 0010(2)--LEHOW AV E . AT BIG DRY CRE EK AT THE ENGLEI<OOD- LITTLETON BOU NDARY CONTRACT • • - Ot.I'ART'Jrllilt:XTOR A.G E."fCY fiii.IWllt:l. 28 00 00 l'lJIS COI'fl'ltACT, ....S. lhio ___ c!.oy of 197_ by and""-" the Sbte o( ColoDdo ror tk u..e 3nd ~dil or TEE STl\TE DEPJ\R'P\ENT OF HIGHWAYS, DIVISION OF HIGHW AYS bnci11attn ,dftftd to • dH: SU~£, &DII the CITY OF' ENGI.F\·jOOD COIOBn OO ~rdcrndto.a.._ Local Agen cy or as the c ontract.or, WHEREAS , authority cUn:s ia the Law and Funch luft b«n bud~t.ed. ~pproptDtnl aad odlerwBc madr ...UWr .d • suff.cirnl u.t~KU.mbcTed b:Wncz &.hereof n:auim naibble fM p21mcat ia Fund Numba' ~ C/L A=Muat Numb<r 52046, Coomct &>cumbr.ona NumboT _2!l1L: .... WKER£AS, ftq.aited appro¥31, dc.31"3J)Ct ~ cocmii.zulioa has beca :aa::ornpiGW frv• &Ad •ida .appropriak ....,0..: ... WHE~. pursuant to Sec tion 135 of the F eder~l-aid Highway Act of 1976 (Pub. L. 94-280), 23 u.s .c. Section 219, as amended , certain Federal funds have been a l located for the improvement of pdb1ic roads and streets which are not on any Federa l-aid highway s ystem, such program being here inafter referred to as the Safer Off-System Roaes Progr am (SOS Prog::arn) ; and ~~EREAS, purs uant to the aforesaid laws and regulations , public roads and streets not on any Federal-aid higtway system ("Off Syste~ Roaes") are eligib1e to be improved under the SOS Prog::am at no cost to t..~e State; .and h~ErtEAS , the Federal Highvay ~~nistrati on (FHWA) b as issued guidelines for implementation of the SOS Program in Volume 8, Chapter 2, Section 2 o.f the Federal Highway Program ~1anual (FHPM 8-2-2) whicb encourages the maximum use of simplified procedures as ma y be appropriate for these type of projects; ar.d WHEREAS, in accoreance with the guidelines presented in FHP M B-2-2 , the State and the FHWA have on August 8, 1977 app::oved the Safer Off-System Roads Plan, hereinafter re!erred to as the SOS ~lan, which is incorporated herein and mace a part hereof by re- fere~ce: and ~EREAS, in accorcance with the procedures established in the sos ?lan, the Special P.ighway Co~ttee o! Colorado Counties, Inc. anc t:.e Colorado Municipal Leegue hes selected a 505 Prog=an proJect, ide:-:~i!ied u 505 0010 (2) for_construction of a dr~inage structure and approaches on Lehew Ave. at Big Dry Creek w1th1~ the Local Agenc1's juris- d~c~i on, herein f er rc!erred to as the project; and ' I~ : :'-. .1 '{ ' •• ~ ., , I • • • ' • • - WHEREAS, Federa~-ai d funds f or this project are limi ted to $ 1 6 6,5 00 , or the norr.al prorata share, whichever dollar amo unt is less; and h~E REAS, th e .~:a l_~g en sY has submitted initial d~_data (D.O.H . Form 463-0S) to the State setting forth therein preliminary Ce tails. i n formation and estimates of casts of this projec~, wh~cb data has been approved by the Stat e; and WH E REAS, the matching ratio for this Fed eral-aid project is 74.00\.Federal-aid funds_ to 26 .00% Local Agency f~d~ it being under- sto od ~~at s u c:h ratio applies only to such costs as are eligible f or Federa l participatior., it being further understood that a~ n o n-pa rti c ipating costs are horne by the Local Ag~cy at 10 0 \; and WHEREAS , the Local Ag e ncy has es!~~~ the total cost of sa..id '\1l) ~0'• · work to be $ __ 2_2_s __ .o_o ___ o __ and is prepared to match said Federal-aid r,"! ~· wi tJ;I i ts share in the amount of $ 58 ,500 .<"o ·"''. -~--;ll .tz;·~ •ap ~ropriate ~:r;dinance or resolution d~y passed and adopted by the a..s evidenced by an /.J:-V < ~~thorized represe..,tati ves of the Local Agency, a copy of which is ' v· ,-.. a ttached hereto and made a part hereof or by s i gnature of the proper Local Agency officials; and WHEl!El'.S, said ordinance or resolution al.sD establish.,. the auth- ori ty under which the Local Agen cy enter.li into this contract; and l'i'!U:REAS, this contra ct i s e xecuted by the State under authority of Sections 43-1-102, 43-1 -1 06, 43-2-101(4) (c) and 43-2-144, C.R-S. 1 973, a..s Clen ded; and ~~IAS , the parties h ereto desir e t o a g ree upon L~e division of responsibi~iti e s with regard to th i s S OS Program proj ect; and WHE!U:J..S , the Local Agency is .odeguately staffed and s ui tably equipped to undertake and satisfactori ly complete , in t h e pub l i c interest, v arious portions of the wo rk ; and WrlEKEA$, the Local Agency has certifie d t o the S t ate that such work can be mo re advantag eously perfo rmed b y t h e Local Age ncy. NOW , THEREFORE, it i s hereby agreed that : P ROJECT PROVISIONS 1 . ~e Sta te will prov ide liaison with the Loca l A~cncy th r ough the St a~e's District Eng i neer , District _6_, located at 2000 So uth !l o lly , Den v e r6 C ol o rado &~. Said -2 - l j' I • -----._.._.... • • • D1strict Engineer wi ll also be responsible for coor d1nat1ng the St ate 's activities under th1.s contract.. GE!lEAAL PROVISIONS A. "11le State will adminl.ster the 50S Program in accordance with the 505 Plan and require f~ the Local Agency on ly necessary plansr speci- ficati ons and estimates. B. The ~.;'cal Aqenc)' wi ll arranc;[e for prelimii1A%Y ~iJ?~ing, des i qn se:vi~-~s and pr~p~~~ o£ £Dnst..;_uction p.l.ans, apecial provisions and .~ti­ mates .i..n accordance with the requirements of tbe sas Plan. C. Construction plans wil l be prep ared in accon!anco! with the requirements o f the State's p lan pre- paration procedure. D . Tbe Local Agency wi .ll comply with the applicable pro- vis i ons of the State 's Ar:tion Plan and sos plan~ in- eluding a1l Federal d~rertives contained therei n by reference. and w1.1l in addition take appropriate actiona relative to the following sections of the Federal-A>d Highway Program Manual (i'!!PM): 1. FHPM, Volume 6 , Ch apter 7, Section 3, Procedure s for ~~atement of Hi ghway Traffic Noise and Constructlon Noise. 2. FHPM, Vo l ume 7, Chapter 7, Secti on 4, Archaeological and Palecntolog1cal Salv ge. -3- • I • ··---·----' • • • - 3. FHPH, Volume 7, Chapter 7, Section 9, Air Quality Gui d el~n es. E. The Local Agency may enter into a contract W1th a con- sultant to do all or any portion of the proposed pre- liminary engir.eering; provided, however, that when Federal-aid funds p rovided herein are to participate in the cost of work done by a consultant, the contract shall comply wi th the requirements of F'HPM, Vol1.llne 6, Chapter 1, Section 2, SUbsection 2, Engagement of Consultants for Engineeri ng ServiceB. The contract with the consultant shall be preceded by an acc~ptable proposal and may not be executed or awarded until the selection of the consultant and the tenas of the con- tract shall have been approved by the State and the Federal Highway Administration (FHWA). A1l changes in the contract shall be by supplemental agreement and must have prior approval of the State and FHWA .. As soon a.s the contract with the consultant has been awarded, 3 certified copies of the contract shall be •ubmitted to the State. :P.. 'l1le ~t-:_~ill review s_aid. ?~~s, special provisions -.1 es tilllates -.1 1IUike anJ.y those changes necessary to assure compli ance with State and FHWA require- menta-The State wLl! afford the Local Agency ample opportunity to review the plans, special provisions and estimates, and said plan..s sha.l.l be considered :fina.l when approved -.1 accepted by the parties hereto. The State will provide final assembly of construct~on plans. special provi.siDilll and contract documents. In the event all or part of the work is to be contracted, the State will advertise the call for bids, and upon eoncurrence by the Local Aqency award the construction contract(s) to the lowest responsible and qualif i ed bidder(s). -4- • ·- 1 l ·f I ., I • • • ,. • G. The Lo c~_!_Agen cy will be r c::;ponsible f o r acq ,iring any addit ional r l._gh ts_o f ·Nil:J .re <Ju i r~d fo r Lhe c o f"'- pletl.on of the ::-rvj~r:t, including any no c,.!ssa ry tc.mporarJ const r u cti ~n t;!a s en~nts and/or ···(l ~Q m'!!nt s fo r d etour d u~inq con~tructi~n. Pr io r to th is Wl ll ccrt1!1 i n ~rit ~ng t ~ t he £t~~c t hat all c b~a ;.:'.e d. f J. 1' I 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 . 54 Establishing future repair and/or re- placement responsibilities in the event of accidental destruction or damage to the installation. J. The State, or the Local Agency with approval from the State, will be responsible for the supervis i on of the construction of the project , with period~c inspections by the FHWA. Supervision shall include, but not be lim~ted to, field and office eng ineering, in•pection and materia1s testing, and traffic control through the project area. I. :a.e Local Agency will provide and mark appropriate de- tours around the construction ar~ to prevent any dis- tuxbances of the progress o! the construction work due to traffic and also to protect the traveling public. L. !n the event that all or part of the work is to be accompl~shed 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 THPM, Volume 6, Chapter •, Section 1, subsection 14, Contract and Force Account. Work will normally be based 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 for in FHPM, Volume 6, Chapter 4, Section 1, •ubsection 6, para- qraph 12b. Such agreed unit prices shall constitute a co~~tment •• to the value of the work to be per- fo d. It may be agreed to participate in the work -6- I • • Y--~- -- . • • • .. b a se d on actual costs of labor. equipment r e ntal, materials supp lies and supervi sion necessary to complete the wo rk. W~ere actual costs are used, eligibility of cost items shall be evaluated for compliance with Federal Pro curement Regulatio ns Part 1-15. Rental rates for p ublicly owned equi p- ment will be the seco nd shift rental rate per hour as established in the State 's Cons truction Equipment Rental Rate Sched ule dated July 1, 1977 or subsequent revi sions there of . All force a ccoun t wgrk shall have prior approval o f the FHWA and shall not be initi ated until the State has issued a written notice to proceed. The Loc al Agency shall, during all phases of the work , permit duly authorized aqenta and employees of the S tate and the FHWA to inspect the p ro ject and to inspect, review and audit the project records. M. The Local Agency shaLl mAintain all books , docume~ts, papers, accounting records and other e vidence per- taining to costs incurred and to make such materials ava~able for inspection at all reasonable times during the contract period and for J years from the date of final payment to the Local Agency. Copies o f s uch records s hall be fu r nis hed by the Local Agency if requested . N. The Local Agency will maintain and operate the im- provements constructed under this contract, at ~ts own cost and expense during their useful life, i n a manner satisfactory to the State and FHWA, and w1ll make ample provis1on for such ma1ntenance each year. Such maintenance and operations shall be in accordance with ~ applicable statutes and ordinances, and regulations promulgated thereunder , which define the Local Agency 's obligation to mainta i n streets and street fixtures. The State and fHWA will make periodic inspections of,the , I • • • • • - project to ver i fy that -such .imp::ua:e-=-n:t.s are being adequate~y ma in tained. 0. l1:1:e State w..i ll administer tbe Local Agency and Fede..ral-ai.d ..ftmds for this pro j ect ..±%a -AC cordance wi th the followin g provisions: 1-Costs incurred by the Local Aqency The Local Agency w il}_prepar~ and submit ~~thl~ __ c:.harges f or costs incurred re- ~ative to the p roject. The Local Agency will prepare p roject charges in ac- c ordance with the State's stand4Ld policies and procedures. The State w111 reimbuxse the Loca l Ag ency for the Federal-aid share of the project charges £c11owing the State's review and approval cL SDCb charges. Charg~s incurred by the Local Agency p r i or to the d a te of FRWA authorization for the project will not .be charged to the project. 2-Costs incurred bv the State "I11e State will prepare mont hly estimates of construction costs and/or ot~er costs incurre d .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 expended durinq the course of the work, the State will bill the Loca l Agency monthly for the Local Agency share of such expenrlitures. Up on completion of the work to be per- formed under this contract and acceptance thereof by the State . FHWA, and the Local Agency, the State wlll submit a final r ecap1tulat1on of project costs to the Local Agen~ 'and a fina.l billi-nq f or the -a- ! ~I ~ ~ II I ~ ~,, ~ 1· -I l ~ ~ ~ I i I • • I ( I ' • • • • b alan ce due of lts share o f pa rt ici pating c o s t s plus all non-participating costs . Upon r eceipt o f e a ch b i ll f rom the S tate, the Loc al Agency wil l remit to the State the amount as bil l ed. In the event the Local Agen cy sha ll fai l to make p ayments to the State. a s ag r e ed, it h e reby auth- ori zes t he Stat e Treas urer t o withho ld the a mo unt o~ its outstan ding obl igation hereun der f r om the allocati o n d ue i t fr o m the Highwa y Us ers Ta x Fund , a s p r escribed in Sect>on 43-4 -20 9, C.R .S . 1 9 73 , as amen ded, for any city or incorpor a t ed t own. I nteri m f unds, unt i l the State i s r eimb urs ed , shall be payable from State Highway Su p p l e- me n t ary F und (2001) . All f unds expended by the S t ate f or the p erfo rmance o f a ny work under th i s contract or rela.ti ve to the ad- mi n i stration of thi s c o ntr act shall be charged to this project. P . It i s ~~de r s tood and a g reed by the p arti es here t o th a t the total cos t of the work stated here i nbefo re i s the best est1mate ava1lahl e based on the design data a s approved at the time of execu t ion of this contract , and that such sum ~s subject to revisions agreeable to the part~es prior to b id and award. The Lo c a l Agency has the option to accept or reject the proposal of the bidder for wo rk on which compet ~tive bids hav e been rece1ve d. The Local Agency must declare the acceptance o r re)ectlon at the award conference. I f the bid 1s rejected, costs lncurred by the State in project de- velopmcnt may not be eligible for p articipation by t he FHWA and must be reiMbursed to the Stat e by the Local Agency in conformity W>th Sect ion 43-2-116, C.R .S. 197 3, as am nded. Follow i ng a~ard of the construct1on con ra c t(a) under paraqraph F. Above , no ~urt~er rc- -9 - I .I ~ ·<· t ~ •,• t · ':1. .,. ·~ " r I,• :. ~ ~ J , I • • - • • • • v isions iD des i gn data or cost estimate sha.l.l be made exc ept by agreement in writing between the parties. By ind icatinq its c o ncurrence in such award at the award conference, the Local Agency acting by or through its duly authorized representatives, agrees to provide addi tional funds if required to complete the work under this proj~ if no add i tional Federal- aid funds w~ be made available for the p r oj ect~ The tot&.l amount of such additional required f unds will be determined at the time of final bill i ng as provided in paragraph N. above. Q. The parties hereto agree that this contract is con- tingent upon al l f unds d e s ignated for the pro ject herein being made a va i labl e f rom Federal and Local Agency sources. Should the se sou rces, e i t h er Federal or Local Agency . f a i l to p r ov1 de necessary funds as agr e e d upon h er e~n, t hi s c o ntract may be terminated by e i ther party. Any party t ermin ati ng its interest and oblig ati ons herei n sha..l.l not be relieved of any f~nanc ~al obl i gati ons which existed prior to the effective det.e of such te:rminauon or wb~ch Day occur as a result of such termination. R. The term of th is con t ract, excep t for the p r ovisions rega r ding ma i nten an c e, s hal l c o nt i nue through the comple t ion and fin a l a c ceptan ce of the projec t by the S tate , F'HW A And Local Ag ency. '11te co v enants w~th regard to ~ainten ance of ~~e improvemen t s c on- structed unde r this contract shall r e main in effect in perpetu~ty or unt ~l such t ime as the Loc a l Agency i•, by law or othe~i se , relieved of suc h respon s i - bility. S. During the per!'or-:ance of a ll work under this con- tract, the p arties hereto agree to comp ~y with Title Vl, of the Civ1 l ~19 hts Act of 1964 , the s alient point• of "''hich are shown in the ~~on- dlscrirnination ~ovisions at~ac~ed hereto !~d ~a de a !=Jar t he r eof. -10- , ~·· ' . .. ,~ ·~ ~ ~ ~: " .I I I • • (o ' I • • • • T. ~e Special Provisions attached hereto are hereby mAde a part o£ this contract . D-"This contract shall inure to the benefit o£ and be ~i nding upon the parties, their successors. and assigns- • • • • w . n •tt•= """"w. "'' Pnti= >«•W •••• ~-•• "'' , ,._ ~~ct w h• '"'='" <>• <oy _, y~ <;n< •ho•• written. fore- AT'XES:r: CiU.e:t Clerk JIPP liOVED: DAN S. WliiTTDlO.IIE State CantraU.er By ---------------------- STATE OF rOLORII.DO RIC11ARD D. Ll'll'lll GOVERNQll STATE llEPARnU:Jrr OF lliG!!WA.'FS JACJt XINSn.UIGDl EXECUTIVE DIRECroR DIVISION OF JIIGHWUS ~~---~~~---------­E. N. HAASE Chief Engineer JIPPROVED: J. D. 1'11\CFARLAm: Attorney General By ------------------------ Cn>Y OF ENGLEIIIOOD, COLORADO TiUe -12- • ~l ~ J ..;. " .. , . ... ~ 4 } r~ ,, I I • ~ • !/9' 7 • • • November • 1977 Nondiscrimination Provisions: In comp liance with Title VI of the Civil Rights Act of 1964 and with Sect1on l62(a) o f the Federal Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest, agree as follows: A. Com liance with P.e ulations. The Contractor will camp y Wlt t e Regu at1ons of the Department of Transportation r elative to nondiscrimination in Federally-assisted programs of the Department of Transportation (Title ~9. Code of Federal Regula- t ions , Part 21, herein after referred to as the "Regulations"), which are herein incorporated by reference and made a pa rt o£ thi5 contrac~. B. ~ndiscrimination. The Contractor , with regard to the work performed by 1t after award and pr1or t o completion of the contract work, Wlll not dis- criminate on the g r ound of race , color, sex, o r nationa l origin in the selection a nd r etention of Subcontractors , i ncluding procurements o f materials and leases o f equipment. The Contractor Wlll not particlpate either directly or lndirectly i n the discrimination prohibited by Section 21 .5 o f the Regulat1ons, including employment practi ce s when the contract covers a program set forth in Appendix C of the Regulations. C. Solicitations for Subcon tra cts, Includ1n Procure- ments of Mater ial s and F.auipment. In all solicita- ti ons e1ther by competitive blciding o r neg otiation made by the Contractor for work to be performed under a Subcontract, including pro curements of materi als or equipment, each potential Subcontractor or supplier shall be not ified by the Contractor of the Contractors' obligations unde x tllis contract and the Regulations relative to nondiscrimi nation on the ground of race. color, sex or national origin. D. Information and Reports. The Contractor will pro- Vlde all lnformatlon and reports required by the Regulations, or orders an d instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of informa- tion, and its facilities as may be determ,ned by the State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and in- structions. Where any information requ 1 red o f the Contractor is ln the exclusive possisslon of ano her who fails or r efuses to furnish this information, the Contractor shall so certify to the State , or the FHWA as appropriate, and Shall set forth what efforts E. have been made to obtain the information. Sanctions for Noncomtliance. In the event of the Contractor 's nonco~p 1ance Wlth the non-dlscrl~ination provisions of this contract , th~ State shall 1-pose such contract sanctlons as lt or the FHWA may deter- mlne to be appropriate, includ1ng , but not llmited to: -------------------------------------------------------------------- 1 ''; ·' I . , I I • f : ' - • • • • (1) Withhold ing of paymen t s to the Con - tra cto r under the contra ct until the Cont ra ctor conpl~es , a nd/o r: (2) Cancellation, termination o r s us- p ens ion o f th e cont. r a ct , 1n \\·h ale o r in p art. P. I nco rporation of Provisions . ':'he Contractor \..'i ll ~ncl ude the provlslons of Para graphs A hrough F i n every sub cont ract , includ1ng procu r ements of mate r ia ls and l ea ses of eq~lp~en t . unles s exempt by the Regulations , o r ders, or inst r ucti ons iss ued p ursuant the r e to. The Contractor will take such act ion w1th respect to any subcontract or procure- ment as the State o r th e f'H\o.JA may d i rect a s a m'e ans o f enforcing such . revisions incl ud ing san cti ons for noncompli a nce ; p r ov1Ced , ho~eve r, that , i n the event t h e Co ntra ctor becones lnvo lved in ~ o r is thre atened w ~th , l~t1 gat1on Wl t h a Subcontractor o r suppljcr as a result of such d1re c io n~ the Con r actor may request th State to enter in to such l1t1qat1o n o pro e ct the I nterests of he St a te and~ ln add1t1on~ the Cc ntractor may request the FH WA t o c.-n r lnto suc h litiga ti on to protPct the Inte r ests o f the L'n l c c Sta es. -='- •' ; ., j j •. ~ I I • ~ f I IV ,· • • • Sl'll'l \L 1 '1<0 \'ISIO~~ CONTROLLlR 'S A.I'I 'ROVAL I Thr \ CIIMi ra ct .. tHr ll .... , tw ct.·.:nk•d l ,tl td unl!l .... h.rll h:t\l ht-t n llf'l'rH\'f'd h) tht' Cttn trollt'r of the-Sa:.t r or Cnluradn Ill .. u ~:h lt\\i\f;Jnt 3 \ he 11111\' dr'l t,!tl:l l (' f lu, fl1UII•I'IU ,, "'l'l'hl .ihlt Ill .u l\ ("Uilfrac·l ln\oh inj! th r ra~ nlt.'nl of monty h )• rh..-Sl:.tC" FUND AVA ILAI!ILIJY 2 Flll:m.i;rl uhlr~ltun' uf thl" St ,lt p t• .. hl,· o~fhr th. nn rrnr fr ... JI \r,u au· r unr.np·nt Uftun fund, for 1h 11 purpO\t' b..-rn g appruprill.:d , hud ~<'l •d .tlld torh,,.,.,,.,.. 11\Jtlr o~I Jtl.rhlr th" \tou l r.rrt Ul\rthr,IIH! 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'" uthn J•u hl"' "'uri.. ,, lu,,tl'd J),,rut,· .. '~'"r•:Cttlll! 1"• '"'''"~! r;~t, ... •til ht> rl'"''''''d »• '" 101 CNS l'r' ·" »lltuult'd ~ llk· cuntrKiur a~ .. ,·\ I•• ''""!~' "'''" tht ll"lt ~r .t llll ~t unl ul thr ( ttlnr.tdot ~nt tdt'o("fin un a twn Ar t H( Ill~. :.• an wndt·d. and ••lhl·r "r iot "'~'~ Ll • ''"'flnlulr !.IJ ... rl!nttl.tiH•n and""'"'' t'lllfll'nm .. •nr rra.tk.·lt", 1~4 l+-.101 . CRS len'! _... »m('n~·d) .:md :.• "''lu rr-<11 t\'\ l lrt'Uh\1' O.J .. , I tjU~ Op punumn and Affinnah'" "cltun, dattd April 16 , 197~ l'uHmmt llwrv '"· llu Julio""'( (ltm '''uth "''""h. 'muumo-d 111 u/1 \ratr 1Ufllf4N h "' 111,.., mllroos. l)ttl lllJ Th r flo'rltttman""t' ol t lu>. C't llt l ra~:l lho• ('ltfllr.lt fur o~::rrt~ ll\ fttolloov." t iJ TI"· r ttn lr,.~t ,., .... ,u 11••1 "'"'nnun~•·· ~'"'' an1 r Nflllllrt Ar llf'pl•cant foe ~rttl\mc·nl ht:c~ uf '"'"· c-tC'rd t HIUf II:II!Uu.tl ""J!t" "l'\ m .. nt.tl ,f .t t u ~ fC'IIgtun .tll o....,t n nwnt..t ur ph '~~~ :tl h;~nd~o.ap. '" agf' Tiw ('otlllr.tl !Uf V.tl/ Ulo.t• iilfltrt11.thll' A hull ht lll'IJU llt.tl .tf'~ ... ,llh &rt' C'mf'lt•l td. anJ tlt .. l t'!Tlfllln e'ft arr 11 ~31\'J J un11~ rmpltot. uwnl "'llho,.tl lt )!.lr ,lt u thr """'r m, nlt~tnnl l h ar..c tl'n~hn Such x ltun .. lt4lllndudr, hut n••l l't' lmutcJ '" lilt fotll""'lll$! •tH pl u \tnt.lll "I'CI.tlhnJ! dtm••twn "' tra n,frr, h i OIII !nl'rtl '" h '• rullllltlll •d 't.'rl l~ln .,_ ... l.n ·uff .. ur h ruun.!ltutt .. '·''"" u f ji.f~ •If tolh t r funn .. uf """'1.., n .. ,JII•ttt .111d \Cit'C IIu n f111 lrJIIIIII' utrlutltn; :tjljll t'll lt.••'''P fit, '"''''"'''" •Cr.: .. ~ '"I''"' 111 '""'rHruuu .. ph•••'' ''"'13blt• l o tntplotl \'\1 J IHI "1'1"'4"/lb fur l'tll j•ltlllfhlll l"''"l'' lot tt, I'''"HJ,J t., lht ~unlrA itrli: ~tff11 t 1 ""'11111(; f u nh rrol\t~IIJII\ tlllht' !lUll di .... lllll!llolll•of1,f.tll~ 1~1 Tilt , ""''" '"' v.t.ll m all '"h''''"''"'ll' "' Jtht '''""·m,·nh f,u rmrlt"r"" rr.,.,,.d b• "' u11 hth~lf nf thr C'll!l lrJ!.IIOf •l.llt lh .tl .t il 4U3hfitd :Jjtplt,J nf ~ V.tlt ft'('f'l\(" Cllll\tdfUtton fotr •·mpln\fTH'OI "'tlltotU I "'~rd to t;t('C' ,r n•J t •'·•r ll.t ii ""'"''""J!"' ,..., 111J f!IJI \1"1111 \ rd1~.111n Jilt"('~!" l'nt'll l"' "'l'hqttal h:.nd••-'1 ' or,.~,. (lJ Tlu· l""l'""'"' "''" """d '",,,It I oltur Ulll ttll u t rrr•t"'ll·n l•lnt· u f "'"'"'"'"' •11h "'hw;h hl' h:h (ttollttll•f' hlrjl~lllll~ "'"'"'"'"' u r 111hn '""''·'" "' ut'ld\"l'"l.ntoltnr nutt.(' I• hr r•·•u J .. d h '''"contra... lin& officC't ad •t~'"i: II·~ IJ b.,r uthoon ur ""'"rl.t" "1'"-.:nto~lt•• u f lltr lUnu~,ro r ' c"mrru tlmo·nt unlkr thr E\ttUit\t OldN l tjii:JI Orrort\11111\ .J rtd -\fll rtlt3 lt\l" "(ltun d•ll"d \rnll6 19~s. ""d o f thr rulf''l , rr rul.J ii~.and rclc'""' Ord•"hflht'f,.tu·mnr t-Il Tht• •·ll l rJt 1111 ""J l .. hur Ulllotn\ v.t/1 funtt""' .tll m f••nn:JII ••n and IC'f"Orl~ rl"qu1rrd b1 f\t'CUII\t' O tdf't, l t.ju.d O rpml unll\ l'ld \ffirlltll l'' \ ll••nnf \rnl lh l "'·~.alld tn lhtrulo rr¥U illt""'"nd0rdt flufthf' f;totl'mtJr "' ru"U.il'lt lhl·n lu •tid v.1JI l''"nlll l ... ~n" htll!, t>uuL.\ fH (lfJ\ .. nd lo.~·oul1h ll \ tht' f'lll1r»CIIIIJ a .. · n(, ,.,ut rf ,, uffi~r 11 f tl•(' f.,.,,·ntur "' l,h •h ''Plo-t: fur rurpu ... ,,j '"'" 'lJ."''"" tu J""' rt 11n cumplt .. n(.f' "'tlh \u('h rttlr• h rul .. tm n~ :md urJt'f'\ (fij A'"''"' urc•n11411lltJO "''" ""'' ndudt Jn \ llldilldu.tlllthrr v.t ~t· 4UJitfif'd lrotm full nwntht•Nup n&}lh Ill ~ouch labo n o r •tlll.lt lmn ur l'\f1d 1111 •-m h tt•J,qJu.£1 h um "'' mh, "lur 111 .. uc h IJhor urJ::Intnfmn or d !..c-n nunll• lli-.iUI\1 In} uf th ntl'lltl•lf'\ 111 th t· f11ll l'llJ<H lllt'nl uf "'"n. "I'JH•II untl\' ~CHI ~C. tof r.u. nl'cd n~ur w.o\ ""'''"l:al ""P" o r an .... ~'" lbj #t l1hur '''l'•nl l .t !IOII 111 th. •·mrlotrto· ,,, nu·mlorn lhflrttf "'Ill nul iltd J~l '"'''' '''"'l"d '" (J ot•nr tilt' d•un~ ,,f ""'Ill dt firtc d mtln• '''"'"''' 1u l~t, dt "'"""""'' nf' ul Inter ut p~•t·n t 311\ 1'1'""" fr om cnml'"'"l v.tth lht !''"""""\ uf t ht\ ltti!IIJd "' 3!1 1 urdrr 1'\ .. urd !l•u,t•ntf.·t "' lil llt·ntrt nthn dth'C'Ih ur Htdut. ~ lh l u 1 ·•tnm!l -'11\ "' f d, flit• rt Ill l ht\ ( Ull lr I· I !11 bl, dt~ llllloM;t!llf'\ • / u ; '' ;-~ ~ "'t ·; 1 J .~ .1 l ' ·' ~ ~ .. ,, f ~ l I • • f t I • • • - f 7 J In lht n t·nt ,,f thr lHIItr.u '"' 11'111 &llllljtll .. lk'•: ""'''' th. IIUII·dJ..cnn•in;,tuon d:tu ..... , ur th"" runiDCI 01" "'''" lltt} nf w oh rvk.., '' ~ub llo•ll\ •II u rJ• r-tim coutr•l lftll) ~· l.lllCt>llr d, tennwatc-d nr w~<.~nd..-d in w.holr nt m r:nt :uuJ flu· t ontr..ct ut tl".l) t'k. d ,·d :u l'd mrl•}:ihl t• ft~r furtht>r Sto~h• c untrac h in r o rd:.O<'t with fUHCo durcs authttrurd 111 (\«utn.· Ortkr I •tual O pjtor tu mty and AffimuliH: Action uf April 16 , 1975 .....t thr ntlr~ n·s~u l:allun~. IJr Hnh·l") pmmulptr tl 111 accurtl.tnct r hnr ~~~olth , .an cl such o thtr .. anc tiu,\: :t\ may bt 1mpo"'d and rtnlt'du.•\ a' ml\ be un o~C'd •~ proHdt"d in E,«ulnl' Ordtr. F4ual Oprurtunll) and AHinnativr .. ,ct•on nf Apnl 16, 19 ~5 . ut by rults n.gul:u um~. ur nrdrn pr o.mul~ted in accordance ttu:n-~~~o1th . or as oth r ,..,.~ pru,tdt:d by l1~~~o H(J Tht> C'ont r..cto r ,..,11 1ndudc tht pro\l'funs ,,f p:.r:~g r,ph s (It thruuf.h (Wj in ~\tr1 wb-r untnct bd \UI~(IIUinc trlf pul't't.a.,.• ••rd t r unl ~-.;, t\tmp!t•d by n tlt\. rt.·gulatwm. or urdtl"' i'OS Utd pun.u.11n11n E\Uuth·t Orde r Fquill OpfH.r1u n th ~ud Mfirrnatt't' Arhun o f Apnl 16 , 1975 ,llo tha t Qlr h J'I H>lisions •ill bt bindina uptoll t!IC'h \U b ('Oftfi.K'IUI lol '' ndflf Titr •Uill tiiCiur will I:Jl.t ~uc h ltC iion Y.rlh tt''Jl«f let an ~ sub-r nnU~C hn& ur purdta\t: uukr ~ thr c unfr;,r,fm l jl gt·nC\ IR:I\ dit&.'C I. •~ a ntt'JnJ of .·nforr in~; \uch pm•·iswn~ indudm& .\.anctwn' fur non c"mrl!,,tt f' I''""J,·d Ito"-ncr th"l in th r ru•nt tht conlr;uot ur h«nfTW's rn ,oh·r d m , or IS thr ulrnt:d Y.t lh , htt;.:ltmn •1th tht ,uhcuntr..c tnr o r \rndur :a, lt n •\Uh of 'uch dir .. c ti un bl tht cont1'2t't in' agt•ncy , the c untrar t r•r m:n rTtpt''' !Itt Sl,lt' nf (u/m,du '" t'lller in t o ... uch llf•jption tu prol«t tht inttrrst o( the Stt~lt~· of Cu/urado jilt t'l~ l1111 :u .. -'ppltt,l'tlt• lfl thr\ Cflnlr41Cirf , t.lft• ""' und, n .. l.,•n h,r .. amdrr .uuJ ar.• fm.mc .. d 111 "holt• m m 10u1 \ GENE RAL 7. Tht '"""~ tr f thr Sl:a lr nl ( "'"'"dH :~ud 1ult'' ~ud r.·~ul ,,l lllll ' '"lh'd puhu•ul l hc-r~I O ~h:~ll two 3J)plt ~d m rh~ tnltrprc•f,lrun '''''""'''"• .1nd rnfuuc-un·nr u ( tin' • nnlr41C I ~"' phnl\iHII uf I hi\ C'Onlr:act whtthr r nr not iRC'UI'J'IUI'll l t'd illfl'lll h ) flfl'tt:lli.'l' v.Jucl1 JlfU\IJr • f u r ~l hllrJIIIIII h\ 311) l'\lf,I •JII •II ,ta/ hud) Or r t'NIIl Uf ""hiC'h it olh~r~ 111 cunnrcr v.1tlt .. :ud /,,v. ... r ut •• , .. nd h 't.!UI.>IIIIII\ ,t.;lfl l'l<t', un .. rd,·rrd """ -'IUJ •01d 1"\uthrng cnmaint•d in In) prtt\1'fUII UIC'U 'f'"'·'hd h~·rl'lll h' fl•f,•rt'u •• "'hll h 1'"'1"''" t u n,·~le' lh t ~ fll ;~n~ n lht•r 'Jli'nal pro'i'iun in w.iur/c: tH lit Jl:ltl ,ftllll h,• ,,lui !If t'llf,.ru ~l •h "' li t n!,lol(' Ill -'11\ .tC it n n :II I.>V. 'ol.hl'lhrr h~ V.;t~· o f cumrf,int. ddtu~· or ullwr"""t~· An \ fl'""''"" rrnJ.·nJ u utl .md ,.,,J h• tlr~· H j l\'t~I IHII uf llu' rru\l,iun 14ill nut uw:alrdall" tht ft'n\llllldf'f nf IJU, C'UIIIrllel h t lht l'\,lt'lll th-'1 lhl' C'nlllro~d,.. ~o1p:t:O./C' uf t'\\'(IIIIUII " lhc-"l!llalunl'' h r fl'lu :t•t r 11 1.11 thn :ll h l .. tn lll 11 "'''" 1 ... \ \0 1 .-r "'I llir.h ,r~ ,,.J l11rrup1 lnOm·u.c-,1 and 11"-H-40 1 rt "'l'tj tAhu\C' ul t'ul~h OffK'C't t. R' IY -\ :.• ~rnrutJC'd , atlllth,l\ ""''"'"'''Ill ul ,uch fl''''''mn' 111 prtwnt Y Th , ~•enalurn.·, :'H'r t h"'l 10 rhr" l.!lu v.I,·J~, 1111 ''"h' tmpiHh·r ""' -'11' lk"'\Un ~l ur lw ntftC'I.II lnl~rr\1 "'h~htM'\rr m lht """IC't n r J'lll+ll-('fl\ d~ .... nhtd hrrrm I~ "'IT\[SS hHLMLOr .rhr ranw~ hrhl u h .. ,,. l'\~•ll l <tJ rh,, ~Jo:ll't'llk'n l mtl ht d;r ' fr"l ~hm t ""nil t.i l~lf U1 (OIOlU.HO ltU II \lilt II . I.\ 11\1. 4;111 t:J"OR lh . 't \tf l .II \ I UIIO ( TII R l>ll' \R I \If ~T IJF ,_ ... . ':<- .... . :-"';, .i I ..... . ~ . t '4 ~ •• ,,. ~ .. ~ 'I: -;: 1 .( J l • ~ ' ! , • I • • • • • • ~o w d (L<Ja !At tA J J/~-1! ~~_i:;,,-&_"' d..~ <'t..-a o:_ b-<-U /''--..2 .J 1!. '~a INTRODUCED AS A BILL BY COUNCILMAN ______ ~·~,~~h~·~J~~~r_A ____________ __ 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 Se c t i on 22 .4-13 of the City Comprehensive Zoning Ordinance (Ord. #26, Series 1963, as amended) is hereby amended by adding omitted phrases in sub-section "h" as follows: §22.4 -13 h. I-1 Light Industrial District CONDITIONAL USES. Provided the public interest is fully protected and the following uses are a pprove d by the Ci ty City Pl a nning and Zoning Comm ission and City Council: (1) Uses (a) Automobile Wr ecki n g Yards and Jun k Yards (2 ) An y au tomobile wrecking yard o~ junk yard approved pursuant TO the provision s o f t hi s Ordinance or any eXIsting automob i le wreck- ing yard or junk yard expanded under t h e provisions of this Ordinance, shall 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 it~ perimeter with a solid, non-transparant vertical wall or fence with a MINIMUM HEIGHT OF SIX (6) FEET AND A maximum • , I • • - ( • • • on the (5) • • • of twelve (12) feet measured from ground level. Fences of woven wire or chainlink material shall be prohibited. Any automobile wrecking yard or junk yard w~ie~ which is licensed by the City of Englewood on the effective date of this Ordinance shall be deemed to be an approve d 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, read in full and passed on First reading _______ day of , 1978. of Published as a Bill for an Ordinance on the _____ day ----------------' 1978. MAYOR ATTEST: ex officio City Clerk-Treasurer I, William D. James do hereby certify that the above and foregoing is a t r ue, acc urate and complete copy of t he Bill for an Ordinance, introduced, read in full and pa s sed on f i rst r eading on the d a y of · , 1978. e x of fi c i o Ci t y Cl erk-Trea s urer -2- I • ...... • • • .. Councilman Smith's comments on why he did not go to Downtown Committee meeting made at City Council meeting of September 5, 1978. COUNCILMAN SMITH: There seems to be, there was a misunder- standing on my part and also this Council's and I would like to bring that up at this point and time. The other night apparently there was a dinner meeting combination type scheduled and I was publicly ask, I was asked at a meeting if I was invited to the meeting. My answer was no and in my own opinion that was true. However, I was invited to the dinner and I was not aware they were the same thing. Now, that arose a couple of questions. Number one whether I was interested in the Downtown Committee and my answer, of course, to that is yes and I've worked with that kind of thing since 1955 when I owned a business on Broadway. I did go and see personnaly Mr. Coughman in regard to it and I also want to if there was any dis- agreement on this Council I would also like to publicly make a, just state that () I was not aware they were the same meeting. And so there was some misunderstanding there but I want to make it public and I want this Council to understand that. One of the rea- sons was that I understand that there were some other members of Council and maybe some members of the ad hoc committee that made more to do about it than I did. It really didn't bother me that much had I been over- looked if somebody didn't call or something. Anyway I wanted to get that straightened out. I . • • • • Councilman Smith's comments on why he did not go to Downtown Committee meeting made at City Council meeting of September 5, 1978. COUNCILMAN SMITH : There seems to be, there was a misunder- standing on my part and also this Council's and I would like to bring that up at this point and time. The other night apparently there was a dinner meeting combination type scheduled and I was publicly ask, I was asked at a meeting if I was invited to the meeting. My answer was no and in my own opinion that was true. However, I was invited to the dinner and I was not aware they were the same thing. Now, that arose a couple of questions. Number one whether I was interested in the Downtown Committee and my answer, of course, to that is yes and I've worked with that kind of thing since 1955 when I owned a business on Broadway. I did go and see personnaly Mr. Coughman in regard to it and I also want to if there was any dis- agreement on this Council I would also like to publicly make a, just state that I was not aware they were the same meeting. And so there was some misunderstanding there but I want to make it public and I want this Council to understand that. One of the rea- sons was that I understand that there were some other members of Counci l and maybe some members of the ad hoc committ e e th a t mad e more to do about it than I d i d. It really d i dn't bother me that much had I been ov e r- l ooked if som e body didn't c all or s ome th i n g . Anyway I wanted to g e t t h at straightened out . • , I • •