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HomeMy WebLinkAbout1978-09-18 (Regular) Meeting Agenda• • .. • • 0 COUNCIL MEETING -REGULAR Se~tember 18, 1978 • ( .._l t n ( • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 18, 1978 f(h C,-(Aw-N 7:30P.M. Call to order, invocation by Dr . W .~Smith, First Baptist Church, 3170 South Broadway, pledge of allegiance by Boy Scout Troop No. 92 , and roll call. 1. Minutes. ~p (a) Minutes of the special meeting of August 31, 1978 . (Copies enclosed.) a»>f}<b> Minutes of the special meeting of September 1, 1978. (Copies enclosed .) ¥J(c) Minutes of the regu lar meeting of Sep t ember 5. 1978. (Copies enclosed.) 2. Pre-Scheduled Visitors . 3. Other Visitors . 4 . Public Hearing . 5. (a) Ordinance on Final Reading amending Section 22.4-14 b . (1), 22.4-14 b. (2) and 22 .8 pro- hibiting metal and auto shredding and similar operations within the I-1 and I-2 industrial districts of the City o f Englewood. (Copies enclosed.) Communications -No Action Recommended . (a) Minutes of the Planning and Zoning Commission meetings of July 18, July 25, and August 1, 1978 . (Copies enclosed.) • I • ( ( • • • - Page 2 September 18, 19 78 Agenda Communica tions-No Action Recommended (Continued). Minutes of the Water and Sewer Board meeting of Augu st 29, 1978 . (Copies encl ose d.) 6. Communications -Action Recommend ed. Request for a special events lic ense for Novem b er 12, 1978 from 12 :00 noon to 8 :00 p.m . for beer, wine and liquor for St. Louis Home and School, 3301/3310 South Sherman Street. (Copies enclosed.) Request for a change of ownership for Encore, Inc., d/b/a The South Door, 5470 So uth Broadway. (Copies enclosed.) Request for the addition of a new stockholder/ director by the name of Vincent Siano, 34% owner of stock at the Belleview Bowl-0-Mat Lounge, Inc ., 4900 Sout h Federal Blvd . (Copies enclosed.) (d) Recommendation from the Planning and Zoning Commission meeting of September 6, 1978 concern- ing a z oning de signation at 1470 West Tufts Avenue. (Copies enclosed.) (e) Recomme ndation from the Planning and Zonin g Commission meeting of September 6, 1978 con- cerning a zoning designation at 118 5 West Tufts Avenue. (Copies enclosed.) (f) Recommendation from the Planning and Zoning Commission meeting of September 6, 1978 con- cerning a zoning designation at 1600 West Tufts Avenue . (Copies enclosed.) (g) Recommendation from the Planning and Zoning Commission meeting of September 6, 1978 con- cerning a subdivision plat filed by Belokes Limited Partnership and Burt Development Company. (Copies enclosed.) Memorandum from the Director of Community Development to the City Manager concerning an encroachment request for 4190 South Bannock Street. (Copies enclosed.) • D I • • ( ( ( • • • • Page 3 September 18, 1978 Agenda 6. Communications-Action Recommended (Continued). (i) ~{J). Memorandum from the Chairman of the Audit Selection Committee to the Mayor and Members of Council concerning the selection o f an audit- ing firm for the 1978 audit. (Copies enclosed.) Memorandum from the Municipal Court Judge to the Mayor and Members of Council concerning the 1979 Municipal Court budget. (Copies enclosed.) 7. City Attorney. Ordinance on Final Reading . (a) :;tfd~ Ordinance approving an agreement for library services between the Arapahoe Regional Library District and the City of Englewood. (Copies enclosed.) Resolution . r (b) Resolution approving a contract between the ~5 o ~ City of Englewood and the Public Service Company u~~ A -~8 for dumping fly ash at the Englewood Municipal ~~~ 10 '~ Golf Course. (Copies enclosed .) !;};.. Other Matters . (c) Attorney 's Choice. 8. City Manager. (a) Memoranda from the Director of Parks and Recreation and the Chief of Police concerning Duncan Park. (Copies enclosed.) (b) Memorandum from the Director of Engineering OJf'flrU Services to the City Manager concerning the Holly Dam Construction Costs . (Copies enclosed.) --it' !)(p (c) Resolution confirming support for improvements to South Santa Fe Drive . (Copies enclosed .) ftj$_~ (d) Transmittal of the 1979 to be transmitted .) Proposed Budget. (Copies (e) Manager's Choice. • I • • • • • • Page 4 September 18, 1978 Agenda 9. General Discussion . (a) (b) Mayor's Choice . ~r.L~"U. n1 -o<.'~f]?..u! &J U.Jo'YH.o'l<..;, Councilman's Choice. ay~ r CI>H.)~ -J G,.n , >>< 10. Adjournment. ~?ttk-~ ANDY MC GOWN City Manager • D I . . - ( r ( • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 18, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 18, 1978 at 7 :30 p.m. Mayor Taylor , presiding, called the meeting to order . The invocation was given by City Manager McCown . The Pledge of Allegiance was led by Cobra Patrol Boy Scout Troop #92 . Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: Council Member Williams. The Mayor declared a quorum present . >'< >'< * * ir * Also present were: City Manaeer McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF SPECIAL MEETING OF AUGUST 31, 1978. Councilman Harper second ed the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 1, 1978. Councilman Mann seconded • D I • • - - • September 18, 197 8 Page 2 .. • • - the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann , Weber, Smith, Taylor . None. Council Member Williams . COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 5, 1978 . Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as fol -lows: on the Ayes: Nays: Absent: Th Mayor Council Members Harper, Clayton , Mann , Web er, Smith, Taylor. None . Council Member Williams . declared the motion carried . * * * '~ * * Mayor Taylor st a ted th re w r no pre-scheduled visitors agenda . * * * * * * Mayor Taylor asked if th re w r e any other visitors wish- ing to speak to Council on any subject. No one responded . * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING ON AN ORDINANCE ON FINAL READING THAT WOULD PROHIBIT METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD . Councilman Mann seconded th motion. Upon a call of the roll, the vote result ed as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. • I • • ( ~( • S e ptemb e r 18, 1978 Page 3 Abs e nt : • • • Council Me mb er Wi l liams. The Mayor declared the motion carried . City Mana ge r McCow n explained that Director of Community De v elopment Wanu s h was called away s u ddenly on a family emerg e ncy and would not b e abl e to make a pr e sentation on this ordinanc e . Counc il discussed th e ordinanc e a f t e r they agr ee d most of the memb e rs we r e f amil i ar with the matter. Mayor Ta ylo r asked if anyon e in the aud i enc e wis h ed to speak in favor o f th e or di nanc e . No one r e spond e d . Mayor Ta yl o r asked i f anyon e in the aud ienc e wi sh ed to speak a g ainst the o r dinan c e . No one respond e d . COUNCILMA N MANN MOV ED TO CLOSE THE PUBLIC HEARIN G. Councilman Harp e r s e conded t h e mot i on . Upon a call o f th e r o ll, the vote r e sult e d as follows: Ayes : Nays : Abs e nt : Coun c il Me mb e rs Harper, Clayton , Mann, We b er, Smit h, Ta y lor . Non e . Coun cil Me mbe r Williams . Th e May o r declare d th e mot i on carried . * * * * * * INTR OD UCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO . 22, SERIES OF 197 8 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 ORDIN AN CE NO. 22, SE RIES OF 1978 ON FINAL READING . Councilman Smith second e d the motion . Upon a call of the roll, the vote resulted as follows: Ay S : Nays : Council Memb rs Harper, Clay t on , Mann, Web r, Smith, Taylor . Non • • 0 I • • • September 18, 1978 Page 4 Absent: • • - Council Member Williams. The Mayo r declared the motion carried . "Communications -No Action Recommended" on the agen da wer e receiv ed: (a ) (b) Minutes of th Planning and Zoning Commission meeting of July 18, July 25 , a nd August 1, 1978 . Minutes of the Water and Sewer Board me eting of August 29, 1978 . Councilman Smith informed Council that Larry Ow e ns has accepted a nother job out-of-state and has resigned as Chairman of the Planning a nd Zoni ng Commission . COUNCILMAN SMIT H MOVED THAT COUNCIL WRITE A LETTER OF COMMENDATION TO MR. LARRY OWENS IN APPRECIATION OF THE GOO D JOB HE DID AS CHAIRMAN OF THE PLANNING AND ZONING COMMISSION . Council - man Mann seconded the motion. Upon a call o f the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor . None . Council Member Williams. * * * * * * City Manager McCown pres ented a request for a special ev nts license for November 12, 1978 from 12:0 0 noon to 8 :00 p.m. for beer, wine and liquor for St . Louis Home and Scho ol, 3301 / 3310 South Sherman Street . City Manager McCown stated a public hearing will have to be scheduled before the reque st can b e granted . COUNCILMAN CLAYTON MOVED TO SET THE PUBLIC HEARING FOR THE ST . LOUIS HOME AND SC HOOL FOR A SPECIAL EVENTS LICENS E ON OCTOBER 16, 1978 AT 7:3 0 P.M. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulte d as foll ows : Ayes: Nays: Council Members Harper, Clayt on , Mann, Weber, Smith, Taylor . None . • I • • - ( ( • Se ptemb e r 18, 1978 Page 5 Absent : • • • Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a request for a change of ownership o f Encore, Inc., d/b/a The South Door, 5470 South Broadway. City Attorney Berardini stated the matter seems n e bu lous and requested additional time to study the request . City Attorn e y Berardini stated if additional time is granted he would submit a full report at the October 2nd Council meeting. COUNCILMAN CLAYTON MOVED THAT THE MATTER CONCERNING THE TRANSFER OF LICENSE FOR ENCORE, INC. D/B/A THE SOUTH DOOR BE RE- SCHEDULED FOR NEXT REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Larry Duncan, one of the principal owners of Encore , Inc. , appeared before Council at the request of Mayor Taylor . Mr. Duncan stated the ownership change involves changing the state of corporation from Delaware to Colorado . The State of Colorado was notified of this change at the last license renewal earlier this year and has now decided that this was not adequate and that a new license must be issued . The State Liquor Division understands that all the same people are involved . Upon a call o f th e roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harp er, Clayton, Mann, Weber, Smith, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a request for the addi- tion of a new stockholder/director by the name of Vincent Siano, 34% owner of stock at the Belleview Bowl-0-Mat Lounge, Inc ., 4900 South Federal Boulevard . COUNCILMAN MANN MOVED TO APPROVE THE REQUEST FOR THE STOCK TRANSFER FOR BELLEVIEW BOWL-0-MAT LOUNGE. Councilman • I • • • September 18, 1978 Page 6 • • .. Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Co unc il Members Harper, Clayton, Mann, Weber, Smith, Taylor . None. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager NcCown presented recommendations from the Planning and Zo ning Commission meeting of September 6, 1978 con- cerning zoning desig n atio ns of certain sites that are not yet a part of the City. The sites involved are 1470 West Tufts Avenue, 1485 West Tufts Av e nu e and 1600 West Tufts Avenue. City Manager McCown stated the r ecomme nd ation fo r all three are for I-1, Light Industrial zoning. The annexation of each site is being request ed by each property ow ner as well. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE ORDINANCES FOR POSSIBLE ZONING DESIGNATION AND ORDINANCES FOR POSSIBLE ANNEXATION OF THE FOLLOWING PROPERTIES -1470 WEST TUFTS AVENUE, 1485 WEST TUFTS AVENUE AND 1600 WEST TUFTS AVENUE - AND THAT THEY BROUGHT TO COUNCIL ON OCTOBER 2, 1978. Councilman Mann seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Council Memb e rs Harper, Clayton, Mann, Weber, Smith, Taylor. Nays : Non e . Absent : Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Planning and Zoni ng Commission meeting of September 6, 1978 con- cerning a subdivision plat filed by Belokes Limited Partnership and Burt Development Company. City Manager McCown stated the appli- cants were in the audience should Council decide to go ahead and h ar their presentation even thoug h Director Community Development Wanush was absent. City Ma nager McCown stated Director Wanush has indicated there are some problems with this plat and has r e - quested Council to postpone the matter . • I • • ( • September 18, 1978 Page 7 • • - Council de cided to hear the applicants testimony since they had come prepared and then postpone the matter until Council has had an opportunity to discuss it with Director Wanush. Harry L. Arkin, attorney for the applicant, appeared befo re Coun cil . Mr . Arkin stated the subdivision plat was f irst submitted to the Planning and Zoning Commission with a particular utility easement along Lots 2 and 3 extending northeast o ver Lot 1. Th e Planning and Zoning Commission approved the subd i vi- sion with the easement removed (at the applicant's request) because the applicant stated he could not tell where utility easements would be required. Director of Community Development Wanush entered the meeting at 8 :20 p.m . In r e spons e to Councilman Clayton 's question, Director Wanush appeared b efor e Council and answered he presently saw no need for traffic signals at this location. At Counc il 's request, Director Wanush made the presenta- tion concerning th e sub ject subdivision plat. Director Wanush stated his concern deals with the access drive easements . They are private drives and will not be dedicated to the City. Director Wanush stated the legal wording on the docum e nt does not clearly state this and requested that the wording be clarified before the document is signed . COUNCILMAN SMITH MOVED TO APPROVE THE SUBDIVISION PLAT FILED BY BELOKES LIMITED PARTNERSHIP AND BURT DEVELOPMENT COMPANY STRIKING FROM THEIR SUBDIVISION PLAT AS SUBMITTED THE WORD "ACCESS" ON THEIR PLAT DATED AUGUST 1 7, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Weber, Smith, Taylor . None. Council Member Williams. The Mayor declared the motion carried . ****'~* Mayor Taylor declared a recess at 8 :25 p.m. The Council re-convened at 8 :40 p .m. Mayor Taylor asked for roll call . Upon a call of the roll, the following were present: Council Members Smith, Harper, Clayton, Mann, Taylor • • I • September 18, 1978 Page 8 Abs e nt : • • ,. - Council Members Williams, Weber . Mayor Taylor sta d that Councilman Weber was ill and had to l eave the meeting . * * * * * * Director of Community Development Wanush presented an e n croachm ent r equest from Mr . and Mrs . Keith Sasina, 419 0 South Bannock Street to construct a fence on a corner lo t a nd partially in the City right-o f -w ay . COUNCILMA N SMITH MOVED THE ENCROACHMENT RE QUEST FOR 4190 SOUTH BANNO CK STREET BE GRANTED . Councilman Harper second ed th e motion . Upon a call of the roll, the vote resulted as fo llows: Ayes: Nays: Abstain : Absent : Council Members Harper, Clayto n, Smith, Taylor. None . Council Member Ma nn. Coun cil Members Will iams , Weber . Th Mayor declar ed the motion c a rried . Council man Mann stated he chose to abs tain because the prop e rty belonged to hi s daughter . *****;'r: City Handger ~lcCown presented a memo randum from the Chairman of thL Audit SL·l"ction Committee, Councilman David Clayton, cone rning the selection of an auditing fi rm for the 1978 audit . Councilman Clayton stated the Committee recomme nd s Peat, Harwick, Mitchell & Cornpany as the auditing firm to con- duct the City's 1978 audit and that a City representative be al low ed to negotiate th audi contract and th e total cost of the audit. COUNCILMAN CLAYTON MOVED THAT COUNCIL REQUEST THE CITY MANAGER TO HAVE THE PROPER CITY OFFICIAL NEGOTIATE THE AUDIT CONTRACT WITH PEAT, MARWICK, MITCHELL & COMPANY FOR COUNCIL APPROVAL. Councilman Smith seco nd ed th motion. Upon a call of the roll, he vote resulted as follows: Ay S: Council Members Harp r, Clayton, Mann, Smith, Taylor . • I • ( ( • September 18, 1978 Page 9 Nays : Absent: • • .. • None. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from Muni- cipal Court Judge concerning the 1979 Municipal Court budget. COUNC ILMAN CLAYTON MOVED TO TABLE THE MATTER UNTIL THE PROPER TIME FOR CONSIDERATION BY THE COUNCIL. Motion died for lack of a second. COUNCILMAN SMITH MOVE TO POSTPONE THE JUDGE'S MEMO - RANDUM UNTIL OCTOBER 2, 1978 AND SCHEDULE THE JUDGE TO APPEAR BEFORE THE COUNCIL IN A STU DY SESSION TO DISCUSS THE BUDGET ON OCTOB ER 2, 1978 AN D THAT THE JUDGE BE PLACED FIRST AT 5 :00P.M . Cou ncilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Me mbers Williams, Weber. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 23, SERIES OF 1978 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 ORDINANCE NO . 23, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Harper, Clayton, Mann, Smith, Taylor. • I • • - • September 18, 1978 Page 10 Nays: None. • • • Absent: Council Members Williams, Weber . The Mayor declared the motion carried . * * * * * * RESOLUTION NO . 55, SERIES OF 1978 A RESOLUTION APPROVING AN AGREEMENT FOR THE DISPOSAL OF INDUSTRIAL FLY ASH BETWEEN PUBLIC SERVICE COMPANY OF COLORADO, A COLORADO CORPORATION, AND THE CITY OF ENGLEWOOD, A MUNICIPAL CORPORATION . City Attorney Berardini recommended the agreement langu- age be changed to contain the fo llowing two provisions : 1) a minimum of 110 ,0 00 cubic yards of fly ash per year would be delivered to the site; and 2) the Public Service Company or its contractors shall comply with all police and traffic regulations of the City of Sheridan a nd cooperate with the City of Sheridan in the timely deliveries. City Attorney stated the specified amount of fly ash would insure a certain revenue for Englewood and the complia nce with the police and traffic regulations and the timely deliveries would insure proper traf fic flow during the peak rush hours . City Attorney offered to redraft the agreement in conjunction with the Public Service Company should Council decide the two provisions are necessary . Council discussed the agreement and the need to further research th e terms of the agreement . COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 55, SERIES OF 1978 WITH THE FOLLOWING AMENDMENTS: l) ADD TO PARAGRAPH 115 OF THE ATTACHED AGREEMENT, "THE ESTIMATED FLY ASH PRODUCED AT THE ARAPAHOE STATION IS 110,000 CUBIC YARDS PER YEAR . THE MINIMUM AMOUNT THAT SHALL BE DUMPED SHALL NOT BE LESS THAN 85 % OF THE ESTIMATE D FLY ASH PRODUCED AT THE ARAPAHOE STATION ." 2) ADD PARAGRAPH 116, "THE PUBLIC SERVICE COMPANY OF COLORA DO OR ITS CONTRACTORS SHALL ABIDE BY ALL POLICE AND TRAFFIC REGULATIONS OF THE CITY OF SHERIDAN AS POSTED AT THE ENTRANCE OF THE DUMPING SITE." Councilman Mann seconded th motion. At th request of Council, James Chambers, District Manager Public Service Company, 3470 South Broadway, appeared before Coun- ci l. Mr. Chambers stated he thought the provisions were too speci- • I • • • Septemb er 18, 1978 Page 11 • • • fie unless th ey included wording such as, "prohibited by acts of God, flood, famine, etc ." Mr. Chambers suggested that Council table the matter until h e can discuss it further with the City Attorney. Councilman Smith withdrew his motion. Councilman Mann withdrew his second to the motion . COUNCILMAN MANN MOVED TO POSTPONE THE PASSAGE OF RESOLU- TION NO . 55, SERIES OF 1978 UNTIL OCTOBER 2, 1978. Cou n cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Smith, Taylor . None. Council Members Williams , Web er . The Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO ALLOW THE STAFF TO NEGOTIATE AN INTERIM CONTRACT THAT WOULD BE VALID WITH THE PUBLIC SERVICE COMPANY BETWEEN NOW AND OCTOBER 2, 1978 TO DUMP FLY ASH AT THE SITE IN QUESTION. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clay ton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declar e d the mot i on carried. * * * * * * City Attorney Berardini discussed the problem of coal trains blocking public ways in the City of Englewood . City Attor- ney Berardini transmitted copies of ordinances passed by the Cities of Littleton and Denver controlling general train regulation s for Council to review and discuss further at a study session . * * * * * * City Manager McCown presented memoranda from the Di- rector of Parks and Recreation and the Chief of Pol i ce concerning Duncan Park. City Manager McCown stated the report contains three • I • • • September 18, 1978 Page 12 • • .. areas in which Council requested information: l) incidences at the park from June through August; 2) report on possible facilities that could be established at the park; and 3) the costs of these facilities . COUNCILMAN CLAYTON MOVED TO ALLOW THE CITY STAFF TO CON - DUCT NEIGHBORHOOD MEETINGS IN THIS AREA TO SEE wt~T THE DESIRES OF THE RESIDENTS OF THE DUNCAN PARK ARE. Councilman Harper seconded the motion. A forum was allowed by Council in order to hear what some Duncan Park residents came to the meeting to say . The re- sidents were in favor of conducting these neighborhood meeti ngs and thought the improvements could be completed over a certain period. These residents expressed concern over the location of the San-0-Lets. They requested the San-0-Lets be relocated to an area that is not so dark and secluded . Mayor Taylor stated the San-0-Lets are scheduled to removed October 15, 1978 unless the season remains warm. City Manager McCown stated the San-0-Lets were placed on the grounds in their present location in compliance with the caretaking specifications set forth by the company renting the San-0-Lets to the City . Upon a call of the roll, the vote on the motion re -sulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Mann, Smith, Taylor. None . Council Members Williams, Weber. The Mayor d clared the motion carried . * * * * * * City Manager McCown presented a memorandum from the Di- rector of Engineering Services concerning the Holly Dam construc- tion costs. On July 17, 1978 Council approved an additional expendi- ture up to $16,865 for the construction costs . City Manager McCown stated the Urban Drainage and Flood Control District has determined the construction costs to be $12,648 .73 and requested Council's approval to make this expenditure now and reflect it later in the six-quarter budget. COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE CITY STAFF TO PARTICIPATE IN THE HOLLY DAM FOR THE LESSER AMOUNT REQUESTED • I • - • September 18, 1978 Page l3 • • • BY THE DISTRICT. Councilman Mann seconded the motion . Upon a call of the r~ll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann , Smith, Taylor . None . Council Members Williams, Weber . The Mayor declared the motion carried . * * * * * * RESOLUTION NO . 56, SERIES OF 1978 A RES OLUTION CONFIRMING SUPPORT FOR IMPROVEMENTS TO SOUTH SANTA FE DRIVE . COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 56, SERIES OF 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Harper, Clayton, Mann, Smith, Taylor . None . Council Members Williams, Weber . The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the transmittal of the 1979 proposed budget to Council. COUNCILMAN MANN MOVED TO RECEIVE THE 1979 PROPOSED BUDGET. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * • I • - • September 18, 1978 Page 14 • • • COUNCILMAN MANN MOVED TO ACC EPT THE PROCLAMATI ON DECLARING OCTOBER 16 -21, 1978 AS "L EAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK". Councilman Smith seconded the motion . Upon a call of the roll, th e vote resulted as fol lows: Ayes: Nays: Absent: Council Mem ber s Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber . Th e Mayor declared the motion carried . * * * * * * Mayor Taylor appointed City Manager McCown a nd Council- man Donald Smith to continue serving on the Colo rado Municipal League Policy Committee for the next year . * * * * * * Mayor Taylor stated he received an invi tation from the Denver Symphony Orchestra inviting Council to attend a free con- cert at the Marina Square, East Belleview and South Holster on October 7, 1978 beginning at 1:00 p .m. Since no Council mem ber chose to attend the concert Mayor Taylor asked the City Manager to so inform the Symp hony. * * * * * * Mayor Taylor gave Councilman Donald Smith tickets to to attend the 41st National Convention of Girl Scouts of America on Octob er 22, 1978 . * * * * * * Councilman Smith requested the City Manager to submit a report for the next Council meeting on the possibility of plac- ing a loading zone sign in front of the First Baptist Church . Councilman Smith stated the clergymen keep getting tickets for unloading items from the street to the church . * * * * * * With permission from the Council, Maurice Jones, 5020 South Washington, appeared before Council and asked about the composition of fly ash . • I • • ( • September 18, 1978 Page 15 • • • City Attorney Berardini and Council explained the fly ash was composed of the industrial waste from coal and coke. Tri-County Health has recommended the material to be an excel- lent land filler because it is inert. Mayor Taylor stated once the material solidifies in the area in which it is dumped, it will be covered with a few feet of dirt and planted with grass. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN MANN MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried and adjourned the meeting at 9:55 p.m. D puty City C erk ' • I • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO S e pt e mber 18 , 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 18, 1978 at 7 :30 p.m. Mayor Taylor, presiding, called the me eting to order. The invocation was given by City Manager McCown. The Pledge of Allegiance was led by Cobra Patrol Boy Scout Troop U92. Mayor Taylor asked for roll call . Upon a call of the roll, the following we re present: Counci l Members Weber, Smith, Harp e r, Clayton, Mann, Taylor. Abs e nt : Council Memb e r Williams. The Mayor declared a quorum present. * * * * * * Also pr e s e n t we r e: City Manager McCown Assistant City Manager Curn e s City Attorney Be rardini Deputy City Clerk Watkins * * * * * * COUN CILMAN MANN MOVE D TO APP ROV E TH E MINU TE S OF SPEC IAL MEETI NG OF AUG UST 31, 1978 . Co u n cilman Harper second ed the motion . Upo n a call of the roll, the vote resulted as follows: Ayes: Nays: Ab sent: Council Members Harper, Clayt on, Mann , Weber, Smith, Tayl or. None . Council Member Williams . The Mayor declared the motion carried . * * * * * * COUNCILMAN SMITH MOVED TO APP RO VE THE MINU TES OF THE SPECIAL MEETING OF SEPTEMBER 1, 1978 . Councilman Mann seconded • I • • • September 18, 1978 Page 2 • • • the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor . None. Council Member Williams . * * * * * * COUNCILMAN MANN MOVE D TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 5, 1978. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as fol -lows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor . None . Council Member Williams. The Mayor declared the motion carried . * * * * * * Mayor Taylor stated there were no pre-scheduled visitors on the age nd a . * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to speak to Council on any subject. No one responded . **~<>~** COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING ON AN ORDINANCE ON FINAL READING THAT WOULD PROHIBIT METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harp er, Clayton, Mann, Weber, Smith, Taylor. None. • I • • • September 18, 197 8 Page 3 Abs e nt : • • • Council Membe r Williams . The Mayor declared th e motion c a rri e d. City Man ager McCown e xpla in e d that Dir e ctor o f Community Developm e nt Wanush was call e d away sudd e nl y on a family em e r gency and would not be able to ma k e a pr esent a t ion on this ordina nc e . Council discuss e d th e ordinanc e a fte r th e y agr ee d mos t o f th e me mbers we re famil i ar with th e ma t ter . Mayor Taylor a sk e d if a nyon e in th e audienc e wish e d t o speak in favor o f the or d inanc e . No one r e sponded. Mayor Tayl o r as ked if any on e in th e audi e nc e wished t o sp e ak a g a i n st th e o rdin a n ce . No o n e r e spond e d. COUNCI LMAN MAN N MOVED TO CLO SE THE PUBLIC HEARING. Councilman Harp e r s e cond ed th e mo t ion . Upon a call o f th e r oll , the vot e r e sul ted a s foll ow s: Ay e s : Nay s : Abs e nt : Council Me mbers Harper, Clayton, Mann, Webe r , Smi t h , Ta y lor . Non e . Coun c il Me mb e r Wil l iams. Th e Mayo r d ecla r e d t h e motion c a rr ied. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO . 22, SERIES OF 1978 AN ORDINANCE AMENDING SECTIONS 22.4-13 b . (1 ), 22 .4-14 b . (2) AND 22.8 PROHIBITING ME TAL AND AUTO SHREDDING AND SIMILAR OP ERATIONS WITHIN THE I -1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO . COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 22 , 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 Harper, Clayton, Mann, Web e r, Smith, Taylor . Non e . • I • • • • September 18, 1978 Page 4 Absent: Council Member Williams . The Mayor declared the motio n c ar ried. * * * * "Communic ations -No Action Recommended" on the agenda were received : (a ) (b ) Minutes of the Planning and Zo n ing Commission meeting of July 18, Ju ly 25, and August l, 1978 . Minutes of t he Water a nd Sewer Board meeting o[ August 29, 1978 . Councilman Smith informed Council that Larry Ow ens has accepted another job out -of -state and has resigned as Chairman of the Planning a nd Zoning Commission . COUNCILMAN SMITH MOVED THAT COUNCIL WRITE A LETTER OF COMME NDATION TO MR. LARRY OWENS IN APPRECIATION OF THE GOOD JOB HE DID AS CHAIRMAN OF THE PLANNING AND ZONING COMMISSION. Council- man Mann second ed the motion . Upon a call of t he roll, the vote resulted as follows: Ayes: Nays: Absent: Co uncil Members Harper , Clayton, Mann, Weber, Smith, Taylor . None . Council Member Williams . ****'~* City Manager McCown presented a request for a special ve nts license for November 12, 1978 from 12 :00 noon to 8 :00 p.m. f or beer, win e and liquor for St. Louis Home and School, 3301/ 3310 South Sherman Street . City Manager McCown stated a public hearing will have to be scheduled before the request can be granted . THE ST . OCTOBER motion. COUNCILMAN CLAYTON MOVED TO SET THE PUBLIC HEAR ING FOR LOUIS HOHE AND SCHOOL FOR A SPECIAL EVENTS LICENSE ON 16, 1978 AT 7 :30 P.M. Councilman Harper seconded the Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None . • D I • • • September 18, 1978 Page 5 Absent : • • • Council Member Williams. The Mayor declared the motion carried. City Manager McCown presented a request for a change of ownership of Encore, Inc., d/b/a The South Door , 5470 South Broadway . City Attorney Berardini stated the matter seems nebulous and requested additional time to study the request. City Attorney Berardini stated if additional time is granted he would submit a full report at the October 2nd Council meeting . COUNCILMAN CLAYTON MOVED THAT THE MATTER CONCERNING THE TRANSFER OF LICENSE FOR ENCORE, INC. D/B/A THE SOUTH DOOR BE RE- SCHEDULED FOR NEXT REGULAR COUNCIL MEETING. Councilman Smith seconded the motion . Larry Duncan, one of the principal owners of Encore, Inc., appeared before Council at the request of Mayor Taylor. Mr . Duncan stated the ownership change involves changing the state of corporation from Delaware to Colorado . The State of Colorado was notified of this change at the last license renewal earlier this year and has now decided that this was not adequate and that a new license must be issued. The State Liquor Division understands that all the same people are involved. Upon a call of the roll , the vote resulted as foll ows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. Council Memb e r Williams. The Mayor declared the motion carried . * * * * * * City Manager McCown presented a request fo r the addi- tion of a new stockholder/director by the name of Vincent Siano , 34% owner of stock at the Belleview Bowl-0-Mat Lounge, Inc., 490 0 South Federal Boulevard . COUNCILMAN MANN MOVED TO APPROVE THE REQUEST FOR THE STOCK TRANSFER FOR BELLEVIEW BOWL-0-MAT LOUNGE. Councilman • I • • September 18, 1978 Pag e 6 • • • Weber seconded th e motion . Upon a call of the roll, the vote result e d as follows: Ay es: Nays: Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor . None . Council Member Wil liams. Th e Mayor declared the motion carried . City Manager McCown presented recommendations from the Planning and Zoning Commission meeting of Se ptember 6 , 1978 con- cerning zoning designations of certain sites that a r e not yet a part of the City. The sites involved are 1470 West Tufts Ave nu e , 1485 West Tufts Av e nue a nd 1600 West Tufts Avenue . City Ma n ager McCown stated the recomm e nd ation fo r all three are for I -1, Light Industrial z oning . The a nnexation of each site is being r e q uested by each property owner as well . COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTOR NE Y TO PREPARE ORDINANCES FOR POSSIBLE ZONING DESIGNATION AN D ORDINA NCES FOR POSSIBLE ANNEXATION OF THE FOLLOWING PROPERT I ES -1470 WE ST TUFTS AVENUE, 1485 WEST TUFTS AVENUE AND 1600 WEST TUFTS AVENU E - AN D THAT THEY BROUGHT TO COUNCIL ON OCTOBER 2, 197 8 . Counc i lman Ma n n seconded the motion. Upon a call of the rol l, t h e vo t e r e -sulted as follows: Ayes : Council Members Harper, Clayton, Mann , Weber, Smith, Taylor . Nays: Non . Absent: Council M mber Williams . The Mayor declared th motion carried. * * * * * * City Ma n age r McCown present d a recomm ndation from the Planning and Zo n i ng Commission me ting of S ptember 6, 1978 con- cerning a subdivision pla t filed by Belokes Limited Partnership and Burt D velopment Company. City Manag r McCown stated the appli- cant s were in t he audience should Council d cid to go ahead and h ar their pr sentation ven though Director Communi ty De velopment Wanush was absent . City Manager McCown stated Director Wanush has indicated there are some problems with this plat and has re- quested Council to postpone the matter. • I • ( • September 18, 1978 Page 7 • • • Council decided to hear the applicants testimony since they had come prepared and then postpone the matter until Council has had an opportunity to discuss it with Director Wanush. Harry L. Arkin, attorney for the applicant, appeared before Council. Mr. Arkin stated the subdivision plat was first submitted to the Planning and Zoning Commission with a particular utility easement along Lots 2 and 3 extending northeast over Lot 1. The Planning and Zoning Commission approved the subdivi- sion with the easement removed (at the applicant's request) because the applicant stated he could not tell where utility easements would be required. Director of Community Development Wanush entered the meeting at 8 :20 p.m. In response to Councilman Clayton's question, Director Wanush appeared before Council and answered he presently saw no need for traffic signals at this location. At Council's request, Director Wanush made the presenta- tion concerning the subject subdivision plat. Director Wanush stated his concern deals with the access drive easements. They are private drives and will not be dedicated to the City. Director Wanush stated the legal wording on the document does not clearly state this and requested that the wording be clarified before the document is signed. COUNCILMAN SMITH MOVED TO APPROVE THE SUBDIVISION PLAT FILED BY BELOKES LIMITED PARTNERSHIP AND BURT DEVELOPMENT COMPANY STRIKING FROM THEIR SUBDIVISION PLAT AS SUBMITTED THE WORD "ACCESS" ON THEIR PLAT DATED AUGUST 17, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Weber , Smith, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8 :25 p.m. The Council re-convened at 8:40 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following wer e present: Council Members Smith, Harper, Clayton, Mann, Taylor • • I • • ....... • September 18, 1978 Page 8 Absent : • • .. Counc il Members Wi lliams, Weber . Ma yor Taylor stated that Councilman Weber was ill and had to l eave the meeting . * * * * * * Director o f Community De ve lopment Wanush presented an encroachment request from Mr. a n d Mrs. Keith Sasina , 4190 South Bannock Str ee t to construct a fence on a corner lot and partially in the City ri ght -of-way . COUNCIL MAN SMITH MOVED THE ENCR OACHMENT REQUEST FOR 4190 SOUTH BANNO CK STREET BE GRANTED . Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as f ollows : Ayes: Nays : Abstain : Absent: Co uncil Members Harper, Clayton, Smit h, Tayl or . None . Council Member Ma nn . Council Members Williams , Weber . Th e Mayor declared the motion c a rried . Councilman Ma nn stated he chose to abstai n because t he property belonge d to h is daughter . * * * * * * City Manager McCown presented a memora ndum f rom the Chairman of the Audit Selection Committ e, Councilman David Clayton, concerning the selection of an auditin g firm for the 197 8 audit . Councilman Clayton stated the Committee recommends Peat, Marwick, Mitchell & Company as the auniting f irm to con- duct the City's 1978 audit and that a City representative be allowed to negotiate the audit contract and the total cost of the audit . COUNCILMAN CLAYTON MOVED THAT COUNCIL REQUEST THE CITY MANAGER TO HAVE THE PROPER CITY OFFICIAL NEGOTIATE THE AUDIT CONTRACT WITH PEAT, MARWICK, MITCHELL & COMPANY FO R COUNCIL APPROVAL. Councilman Smith seco nd ed the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Harper, Clayton, Mann, Smith, Taylor . • I • • ( • September 18, 1978 Page 9 Nays : Absent: • • ,. • None. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from Muni- cipal Court Judge concerning the 1979 Municipal Cour t budget. COUNCILMAN CLAYTON MOVED TO TABLE THE MATTER UNTIL THE PROPER TIME FOR CONSIDERATION BY THE COUNCIL. Motion died for lack of a second. COUNCILMAN SMITH MOVE TO POSTPONE THE JUDGE'S MEMO- RANDUM UNTIL OCTOBER 2, 1 978 AND SCHEDULE THE JUDGE TO APPEAR BEFORE THE COUNCIL IN A STUDY SESSION TO DISCUSS THE BUDGET ON OCTOBER 2, 1978 AND THAT THE JUDGE BE PLACED FIRST AT 5 :00 P.M. Councilman Mann seconded the motion. Upon a call of the roll, the vote result e d as foll ows : Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Smith, Taylor . None . Council Members Williams, Weber. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 23, SERIES OF 1978 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 ORDINANCE NO. 23, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Harper, Clayton, Mann, Smith, Taylor. • I • • • • • - September 18, 1978 Page 10 Nays: Non e . Absent: Council Members Williams, Weber. The Mayor declared the motio n carried. * * * * * * RESOLUTION NO . 55, SERIES OF 1978 A RESOLUTION APPROVING AN AGREEMENT FOR THE DISPOSAL OF INDUSTRIAL FLY ASH BETWEEN PUBLIC SERVICE COMPANY OF COLORADO , A COLORADO CORPORATION, AND THE CITY OF ENGLEWOOD, A MUNICIPAL CORPORATION . City Attorney Berardini r ecomme nded the agreement langu- age b changed to contain the following two provisions: 1 ) a minimum of 110,000 cubic yards of fly ash per year would be delivered to the site; and 2) the Public Service Company or its contractors shall comply with all police and traffic regulations of the City of Sheridan and cooperate with the City of Sheridan in the timely deliveries . City Attorney stated the specified amount of fly ash would insure a certain revenue for Englewood and the compliance with the police an d traffic regulations and the timely deliveries would insure proper traffic flow during the peak rush hours. City Attorney offered to redraft the agreement in conjunction with the Public Service Company should Council decide the two provisions are necessary. Council discussed the agreement and the need to further research the terms of the agreement . COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 55, SERIES OF 1978 WITH THE FOLLOWING AMENDMENTS: 1) ADD TO PARAGRAPH US OF THE ATTACHED AGREEMENT, "THE ESTIMATED FLY ASH PRODUCED AT THE ARAPAHOE STATION IS 110,000 CUBIC YARDS PER YEAR. THE MINIMUM AMOUNT THAT SHALL BE DUMPED SHALL NOT BE LESS THAN 85% OF THE ESTIMATED FLY ASH PRODUCED AT THE ARAPAHOE STATION." 2) ADD PARAGRAPH 116, "THE PUBLIC SERVICE COMPANY OF COLORADO OR ITS CONTRACTORS SHALL ABIDE BY ALL POLICE AND TRAFFIC REGULATIONS OF THE CITY OF SHERIDAN AS POSTED AT THE ENTRANCE OF THE DUMPING SITE." Councilman Mann seconded the motion. At the request of Council, James Chambers, District Manager Public Servic Company, 3470 South Broadway, appeared b fore Coun- cil. Mr. Chambers stated he thought the provisions were too speci- • I • • • September 18, 1978 Pa ge 11 • • • fie unless they included wording such as, "prohibited by acts of God, flood, famine, etc." Mr. Chambers suggested that Counc i l table the matter until he can discuss it further with the City Attorney. Councilman Smith withdrew his motion. Councilman Mann withdrew his second to the motion. COUNCILMAN MANN MOVED TO POSTPONE THE PASSAGE OF RESOLU- TION NO. 55, SERIES OF 1978 UNTIL OCTOBER 2, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper , Clayton, Mann, Smith, Taylor. None. Council Memb e rs Williams, Weber. The Mayor d e clared the motion carried. COUNCILMAN SMITH MOVED TO ALLOW THE STAFF TO NEGOTIA TE AN I NTE RIM CONTRACT THAT WOULD BE VALID WITH THE PUBLIC SERVIC E COMPANY BETWEEN NOW AND OCTOBER 2, 1978 TO DUMP FLY ASH AT THE S ITE IN QUESTION. Councilman Harper seconded the mot i on. Upon a cal l o f th e roll , the vote r e sult e d as follows: Ayes : Na ys : Ab sen t: Council Members Harper , Cla yt on , Mann, Smith, Taylor. Non e . Council Members Williams, Weber . The Mayor declared the motion carried . * * * * * * City Attor ney Berardini discussed the problem of coal trains blocking public ways in the City of Englewood. City Attor - ney Berardini t r ansmitted copie s o f ordin a nces passed by the Cities of Littleton a n d De nver con tr o lling gen eral train regu lations for Council to r eview a n d discuss f u rth e r at a study session . * * * * * * City Ma n ager McCown presented memora n da from the Di- rector of Parks and Recreation a n d t h e Chief of Police co n cerning Duncan Park . City Manager McC own stated the report contains three • I • • - I • September 18, 1978 Page 12 • • • areas in which Council requested information : 1) incidences at the park from June through August ; 2 ) report on possible facilities that could be established at t he park; and 3) the costs of these facilities . COUNCILMAN CLAYTON MOVED TO ALLOW THE CITY STAFF TO CON- DUCT NEIGHBORHOOD MEETINGS IN THIS AREA TO SEE WHAT THE DESIRES OF THE RESIDENTS OF THE DUNCAN PARK ARE . Councilman Harper seconded the motion . A fo rum was allowed by Council i n order to hear what some Duncan Park residents came to the meeting to say. The re- sidents were in favo r of conducting these neighborhood meetings and thought the improvements could be completed over a certain period. Thes e r esidents expressed concern over the location of the San-0-Let s . They requested the San-0-Lets be relocated to an area that is not so dark and secluded . Mayor Taylor stated the San-0-Lets are scheduled to removed Octob er 15, 1978 unless the season remains warm . City Manager McCown stated the San-0 -L ets were placed on the grounds in their present location in compliance with the caretaking specifications set forth by the company renting the San-0-Lets to the City. Upon a call o f the roll, the vote on the motion re-sulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Smith, Taylor. None . Council Members Williams, Weber . The Mayor declared the motion carried . * * * * * * City Mana ger McCown presented a memorandum from the Di- rector of Engin e ring Services concerning the Holly Dam construc- tion costs. On July 17, 1978 Council approved an additional expendi- ture up to $16,865 for the construction costs. City Manager McCown stated the Urban Drainage and Flood Control District has determined the con struct ion costs to be $12,648.73 and requested Council's approval to make this expenditure now and reflect it later in the six-quarter budg et . COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE CITY STAFF TO PARTICIPATE IN THE HOLLY DAM FOR THE LESSER AMOUNT REQUESTED • I • n ( • Se pt ember 18, 1978 Pag e 13 • • - BY THE DISTRICT. Counc i l man Mann seconded the motion. Upon a call of the roll, th e vote r e sulted as follows: Ay e s : Nays : Absent: Counc i l Members Harper, Clayton, Mann, Smi t h, Taylor . Non e . Council Members Williams, Weber . The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 56, SERIES OF 197 8 A RESOLUTION CONFIRMING SUPPORT FOR IMPROVEMENTS TO SOUTH SANTA FE DRIVE . COUNCILMAN MANN MOV ED TO PASS RESOLUTION NO. 56 , SER IE S OF 1978. Counc i lm a n Harp e r seconded t he motion. Upon a cal l o f O the r oll, the vote r e sult e d as f ollows : Ayes : Nays : Ab sent : Counc il Memb e r s Harper , Clayton , Mann , Smith, Ta yl or. No n e . Coun cil Mem b e r s Wil l i a ms, We b e r. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the transmittal of the 1979 proposed budget to Council . COUNCILMAN MANN MOVED TO RECEIVE THE 1979 PROPOSED BUDGET. Councilman Smith seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Council Membe r s Harper, Clayton, Mann, Smith, Ta ylo r . Nays: None . Absent: Co uncil Members Williams, Weber . The Mayor declared t h e motion carried . * * * * * * • I • • September 18, 1978 Page 14 • • - COUNCILMAN MANN MOVED TO ACCEPT THE PROCLAMATI ON DECLA RING OCTOBER 16 -21, 1978 AS "LEAGUE OF WOl-1EN VOTERS OF ARAPAHOE COUNTY WEEK". Counc ilman Smith seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Smith, Taylor . None . Council Members Williams, Weber . The Mayor declared the motion carried. * .. k*··k** Mayor Taylor appointed City Manager McCown and Council- man Donald Smith to continue serving on the Colorad o Municipa l League Policy Committee fo r the next year . * * * * * * May or Taylor stated he received an invitation from the Denver Symphony Orchestra inviting Council to attend a free con- cert at th e Marina Square, East Belleview and So uth Holster on October 7, 1978 beginning at 1:00 p.m. Sinc e no Council member chose to attend the concert Mayor Taylor asked the City Manager to so i n form the Symphony . * * * * * * Mayor Taylor gave Councilman Donald Smith tickets to to attend the 41st National Convention of Girl Scouts of America on October 22, 1978 . * * * * * * Councilman Smith requested the City Manager to submit a report for the next Council meeting on the possibility of plac- ing a loading zone sign in front of the First Baptist Church . Councilman Smith stated the clergymen keep getting tickets for unloading items from the street to the church . * * * * * * With permission from the Council, Maurice Jones, 5020 South Washington, appeared before Council and asked about the composition of fly ash . • I • • Se ptember 18, 1978 Page 15 • • • City Attorney Berardini and Council explained the fly ash was composed of the industrial waste from coal and coke. Tri-County Health has recommended the material to be an excel- lent land filler because it is inert. Mayor Taylor stated once the material solidifies in the area in which it is dumped, it will be covered with a few feet of dirt and planted with grass. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN MANN MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Counc i l Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried and adjourne d the meeting at 9 :55 p.m. • I) I . - REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 18, 1978 The City Council of the City of Englewood , Arapahoe County, Colorado, met in regular session on September 18 , 1978 at 7 :30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by City Manager McCown. The Pledge of Allegiance was led by Cobra Patrol Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Weber, Smith, Harper, Clayton, Hann , Taylor. Absent: Council Member Williams. The Mayor declared a quorum present . * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF SPECIAL MEETING OF AUGUST 31 , 1978. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 1, 1978. Councilman Mann seconded • I • • - • September 18, 1978 Page 2 • • - the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton , Ma nn, Weber, Smith, Taylor . Non e . Council Member Williams . * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 5, 1978 . Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as fol -lows: Ayes: Nays: Absent : Council Members Harper , Clayton , Mann , Weber, Smith, Ta ylor . None . Council Member Williams . The Mayor declared the motion carried . * * * * * * Mayor Taylor stated there were no pre-scheduled visitors on the agenda . * * * * * * Mayor Taylor asked if there were any other v~s~tors wish- ing to speak to Council on any s ubj ec t. No one responded. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING ON AN ORDINANCE ON FINAL READING THAT WOULD PROHIBIT METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Harper, Clayton, Mann, Web r, Smith, Taylor. None . • I • ( September 18, 1978 Pa ge 3 Abs e nt : • • • Council Memb e r Williams . The Mayor declared the motion carried . City Manager McCown explained that Director of Community Deve lopment Wanush was called away sudd enly on a family emergency and would not be able to make a presentation on this ordinance. Council discus se d the ordinanc e after they agr eed most of the mem bers we re familiar with the matter. Mayor Taylor asked if anyone in th e audience wished to speak in favor of the ordinance . No one r esponded . Mayor Taylo r asked if anyone in the audienc e wished to speak against the ordin a nce. No one responded. COUNCILMAN MANN MOVED TO CLOSE THE PUBLIC HEARING . Councilman Harp e r seconded the motion. Upon a call of the roll, the vote result ed a s follows : Ayes : Nays : Absent : Council Members Harper , Clayton, Mann, We b e r, Smith, Taylor . None . Council Member Williams. The Mayo r declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO . 22, SERIES OF 1978 AN ORDINANCE AMENDING SECTIONS 22.4-13 b . (1), 22.4-14 b . (2) AND 22 .8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO . COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 22, 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 Harper, Clayton, Mann , Web e r, Smith, Taylor. Non . • • I • • • - September 18, 1978 Page 4 Absent: Council Member Williams . Th Mayor declared the motion carried . * "Communications -No Action Recommended" on the agenda were rec eived: (a ) (b) Minutes of th Planning and Zo nin g Commission meeting of July 18, July 25, and August 1, 1978 . Minutes of the Water and Sewer Board meeting of August 29, 1978 . Councilman Smith informed Council that Larry Owens has accepted another job out-of-state and has resigned as Chairman of the Planning and Zo n ing Commission . COUNCILMAN SMITH MOVED THAT COUNCIL WRITE A LETTER OF COMMENDATION TO MR . LARRY OWENS IN APPRECIATION OF THE GOOD JOB HE DID AS CHAIRMAN OF THE PLANNING AND ZONING COMMISSION. Council - man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayto n, Mann, Weber, Smith, Taylor . None. Council Member Williams . * * * * * * City Manager McCown presented a request for a special events license for November 12, 1978 from 12:00 noon to 8 :0 0 p.m . fo r beer, wine and liquor for St. Louis Home and School, 3301/ 3310 South Sherman Street. City Manager McCown stated a public hearing will have to be scheduled before the request can be granted . THE ST. OCTOBER motion. COU CILMAN CLAYTON MOVED TO SET THE PUBLIC HEARING FOR LOUIS HOME AND SCHOOL FOR A SPECIAL EVENTS LICENSE ON 16, 1978 AT 7:30 P .M. Councilman Harper seconded the Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None . • D I • • • September 18, 1978 Page 5 Absent : • • .. Council Member Williams. The Mayor declared the motion carried . * * * * * * City Manager McCown presented a request for a change of ownership of Encore, Inc., d/b/a The South Door, 5470 South Broadway. City Attorney Berardini stated the matter seems nebulous and requested additional time to study the request. City Attorney Berardini stated if additional time is granted he would submit a full report at the October 2nd Council meeting. COUNCILMAN CLAYTON MOVED THAT THE MATTER CONCERNING THE TRANSFER OF LICENSE FOR ENCORE, INC. D/B/A THE SOUTH DOOR BE RE- SCHEDULED FOR NEXT REGULAR COUNCIL MEETING . Councilman Smith seconded the motion. Larry Duncan, one of the principal owners of Encore, Inc ., appeared before Council at the request of Mayor Taylor. Mr. Duncan stated the ownership change involves changing the state of corporation from Delaware to Colorado. The State of Colorado was notified of this change at the last license renewal earlier this year and has now decided that this was not adequate and that a new license must be issued . The State Liquor Division understands that all the same people are involved. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a request for the addi- tion of a new stockholder/director by the name of Vincent Siano, 34% owner of stock at the Belleview Bowl-0-Mat Lounge, Inc., 4900 South Federal Boulevard. COUNCILMAN MANN MOVED TO APPROVE THE REQUEST FOR THE STOCK TRANSFER FOR BELLEVIEW BOWL-0-MAT LOUNGE. Councilman • I • • • September 18, 1978 Page 6 • • - Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Har per , Clayton, Mann, Weber, Smith, Taylor. None. Council Member Williams. The Mayor declared the motion carried . * * * * * * City Manager McCown pres e nted recommendations from the Planning and Zo ning Commission meeting of September 6, 1978 con- cerning zoning designations of certain sites that are not yet a part of the City. The sites involved are 1470 West Tufts Avenu e , 1485 West Tufts Avenue and 1600 West Tufts Avenue. City Manager McCown stated the recommendation for all three are for I-1, Light Industrial zoning . The annexation of each site is being request ed by ach property owner as well. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE ORDINANCES FOR POSSIBLE ZONING DESIGNATION AND ORDINANCES FOR POSSIBLE ANNEXATION OF THE FOLLOWING PROPERTIES -1470 WEST TUFTS AVENUE, 1485 WEST TUFTS AVENUE AND 1600 WEST TUFTS AVENUE - AND THAT THEY BROUGHT TO COUNCIL ON OCTOBER 2, 1978. Councilman Mann seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. Nays: None . Absent: Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Planning and Zoning Commission meeting of September 6, 1978 con- cerning a subdivision plat filed by Belokes Limited Partnership and Burt D v lopment Company . City Manager McCown stated the appli- cants were in th audience should Council decide to go ahead and h ar their presentation ven thoug h Director Community Development Wanush was absent . City Manager McCown stated Director Wanush has indicat d ther are some problem with this plat and has re-quest d Council to postpone the matter. • • I • • S ept em b er 18 , 19 78 Page 7 • • • Counc i l d e cided to hear the applicants test i mony sinc e they had come pr e pared and then postpone the matt e r unt i l Council has had an opportunity to discuss it with Director Wanush . Harry L . Arkin, attorn ey for the applicant, appear e d b efo re Council. Mr . Arkin stated t h e subdivision plat was first s ub mitted to the Planning and Zoning Commission with a particular utility easement along Lots 2 and 3 extending north e ast over Lot 1 . Th e Planning and Zo n ing Commission approved the subdivi - sion with the easement removed (at the applicant's requ e st) because the applicant stated he could not tell where utility easements wo u ld b e required. Director o f Community Dev e lopment Wanush entered the meeting at 8 :20 p.m. In response to Councilman Clayton's question, Director Wanush appeared b e fore Council and answered he presently saw no need for traffic sig nals at this location . At Council's r e qu e st, Di r e ctor Wanush mad e the pres e nt a - tion concerning the sub ject subdivision plat . Director Wanush stated h is co n cern deals with the access drive easements. Th e y are private drives and will not be dedicated to th e City . Dir e c t or Wanush stated the legal word i n g on the docum e nt do e s not cl e ar ly state this and requested tha t th e wording be clarified b efor e the document is signed . COUNCILMAN SMITH MOV ED TO APPROVE THE SUBDIVISION PLAT FILED BY BELOKES LIMITED PARTNERSHIP AND BURT DEVELOPMENT COMPANY STRIKING FROM THE I R SUBD I VISION PLAT AS SU BM ITTE D TH E WORD "AC CESS " ON THEIR PLAT DAT ED AUG UST 17, 1978 . Councilman We b e r s e cond ed t h e moti on. Upon a call of the roll, the vote res u lted as follows: Ayes : Nays : Absent : Council Members Harper, Clayt on , Ma nn, Weber, Smith, Taylor . None . Council Member Williams . The Mayor declared the motion carried . * * * * * * Mayor Taylor declared a recess at 8 :25 p .m. The Council re-convened at 8 :40 p .m. Mayor Taylor as k ed for roll call. Upon a call of the roll, the following were present: Council Members Smit h , Ha r per, Clayton, Mann, Taylor • • I • September 18, 1978 Page 8 Absent: • • - Council Members Williams, Web er . Mayor Taylor stated that Councilman Weber was ill and had to leav e the meeting . * * * * * * Director of Comm un ity Development \~anush presented an e ncroachment request from Mr. and Mrs . Keith Sasina, 4190 South Bannock Str eet to construct a fence on a corner lot and partially in th e City ri ght -o f-way . COUNCILMAN SMITH MOVED THE ENCROACHMENT REQUEST FOR 4190 SOUTH BANNOCK STREET BE GRANTED . Councilman Ha rper seconde d the motion. Upon a call of the roll, the vot resulted as fol lows: Ayes: Nays: Abstain : Absent : Council Members Harper, Clayton, Smith, Taylor . None . Council Member Mann . Council Members Williams, Weber . The Mayor declar d the motion carried . Councilman Mann stat d he chose to abstain because the property belong d to his daughte r . * * * * * * City Mand ger kCown presented a memorandum from the Chairman of thl• Audit S lection Committee, Councilman David Clayton, concerning the selec ion of an auditing firm for the 1978 audit . Councilman Clayton stated the Committee recommends Peat, Marwick, ~1itch ll & Company as the auciiting firm to con- duct th City's 1978 audit and that a City representative be allow d o n gotiate the audit contract and th total cost of the audit. COUNCILMAN CLAYTON MOVED THAT COUNCIL REQUEST THE CITY MANAGER TO HAVE THE PROPER CITY OFFICIAL NEGOTIATE THE AUDIT CONTRACT WITH PEAT, MARWICK, MITCHELL & COMPANY FOR COUNCIL APPROVAL. Councilman Smith seconded the motion. Upon a call of the roll, the vote result d as follows: Aye s: Council M mbers Harper, Clayton, Mann, Smith, Taylor. • I • • September 18, 1978 Page 9 Nays: Absent : • • • Non e . Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from Muni- cipal Court Judge concerning the 1979 Municipal Court budget. COUNCILMAN CLAYTON MOVED TO TABLE THE MATTER UNTIL THE PROPER TIME FOR CONSIDERATION BY THE COUNCIL. Motion died for lack of a second . COUNCILMAN SMITH MOVE TO POSTPONE THE JUDGE'S MEMO- RANDUM UNTIL OCTOBER 2, 1978 AND SCHEDULE THE JUDGE TO APPEAR BEFORE THE COUNCIL IN A STUDY SESSION TO DISCUSS THE BUDGET ON OCTOBER 2, 1978 AND THAT THE JUDGE BE PLACED FIRST AT 5 :00 P.M. Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Memb ers Harper, Clayton, Mann, Smith, Taylor. Non e . Council Members Will iams, Weber. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 23, SERIES OF 1978 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 ORDINANCE NO. 23, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Smith, Taylor . • I • • • September 18, 1978 Pa g e 10 Nays: None. • • • Absent: Council Members Williams, Weber. The Mayor declared the motion carried . ***'~** RESOLUTION NO . 55, SERIES Of 1978 A RESOLUTION APPROVING AN AGREEMENT FOR THE DISPOSAL OF INDUSTRIAL fLY ASH BETWEEN PUBLIC SERVICE COMPANY OF COLORADO, A COLORADO CORPORATION, AND THE CITY OF ENGLEWOOD, A MUNICIPAL CORPORATION. City Attorney Berardini recommended the agreement langu- age be changed to contain the followi n g two provisions: l) a minimum of 110,000 cubic ya rds of f ly ash per year would be delivered to the site; and 2 ) th Public Service Company or its contractors shall comply with all police a nd traffic regulations of the City of Sheridan and cooperate with the City of Sheridan in the timely deliveries . City Atto rn y stated the specified amount of fly ash would insure a certain revenue f or Englewood and the compliance with the pol ic and traffic regulat ions and the timely deliveries would insur proper t r affic fl ow during the peak rush hours. City Attorney offered to r draft the ag r ee ment in conjunction with the Public Servic Company should Council decide the two provisions are nec essa ry. Council discussed the agreement and the ne ed to further research th e t rms of the agreement . COUNCILMAN SHITH MO VED TO PASS RESOLUTION NO . 55, SERIES OF 1978 WITH THE FOLLO ING AMENDMENTS: l ) ADD TO PARAGRAPH 115 OF THE ATTACHED AGREEMENT, "THE ESTIMATED fLY ASH PRODUCED AT THE ARAPAHOE STATION IS 110,000 CUBIC YARDS PER YEAR. THE MINIMUM AMOUNT THAT SHALL BE DUMPED SHALL NOT BE LESS THAN 85 % OF THE ESTIMATED FLY ASH PRODUCED AT THE ARAPAHOE STATION ." 2) ADD PARAGRAPH 116, "THE PUBLIC SE RVICE COMPANY OF COLORADO OR ITS CONTRACT ORS SHALL ABIDE BY ALL POLICE AND TRAFFIC REGULATIONS OF THE CITY OF SHERIDAN AS POSTED AT THE ENTRANCE OF THE DUMPING SITE." Councilman Mann s conded th motion . Al the r~quest of Council, James Chambers, District Mana ge r Public Service Company, 3470 South Broadway, appeared before Coun- cil . Mr . Chamb•rs stated he thought the provisions were too speci- • I • • • September 18, 1978 Page 11 • • • fie unless they included wording such as, "prohibited by acts of God, flood, famine, etc." Mr. Chambers suggested that Council table the matter until he can discuss it further with th e City Attorney. Councilman Smith withdrew his motion. Councilman Mann withdrew his second to the motion. COUNCILMAN MANN MOVED TO POSTPONE THE PASSAGE OF RESOLU- TION NO. 55 , SERIES OF 1978 UNTIL OCTOBER 2, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO ALLOW THE STAFF TO NEGOTIAT E AN INTERIM CONTRACT THAT WOULD BE VALID WITH THE PUBLIC SERVICE COMPANY BETWEEN NOW AND OCTOBER 2, 1978 TO DUMP FLY ASH AT THE SITE IN QUESTION. Councilman Harp er seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried . * * * * * * City Attorney Berardini discussed the problem of coal trains blocking public ways in the City of Englewood. City Attor- ney Berardini transmitted copies of ordinances passed by the Cities of Littleton and Denver controlling general train regulations for Council to review and discuss further at a study session. * * * * * * City Manager McCown presented memoranda from the Di- rector of Parks and Recreation and the Chief of Police concerning Duncan Park. City Manager McCown stated the report contains three • I • • September 18, 1978 Page 12 • • - areas in which Council requested information: 1) inciden ces at the p a r k from June through Au gust; 2 ) report on possible fa c i liti es th a t could be established at the park; and 3) the cos ts of t hese fa c ilities . COUNCILMAN CLAYTON MOVED TO ALLOW THE CITY STAF F TO CON - DUCT NEIGHBORHOOD HEETINGS IN THIS AREA TO SEE WHAT TH E DESIRES OF THE RESIDENTS OF THE DUNCAN PARK ARE. Councilman Ha r pe r second e d t h e mo t ion . A fo rum was allowed by Council in order to h ea r wh at some Du ncan Park residents came to the meeting to say . Th e r e - sidents were in favo r of conducting these neighborhood meet ings and thought the imp rovem e nts could be completed over a certai n period . Thes e residents expressed concern over the location of the San-0-Let s . They req uested the San-0 -Lets be relocated to an area that is not so dark and secluded . Mayor Taylor st ated the San-0 -Lets a r e sched u led t o removed Octob er 15, 1978 unl es s the season remains wa r m. City Manage r McCown stated the San -0-Le t s we r e plac e d on the grounds in th ir present location in com pl iance with th e ca r e t aking specifications set forth by the com p any ren ting the Sa n-0 -Lets to th City. Upon a call of the roll, the vote on the motion r e -sulted as follows : Ayes: Nays: Absent : Counci l Members Harper, Clayton, Mann , Smith, Taylor . None. Council Members Williams, Weber . Th Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum from the Di- rector of Engineering Services concerning the Holly Dam construc- tion costs . On July 17, 1978 Council approved an addition al expendi- ture up to $16,865 for the construction costs . City Manager McCown stated the Urban Drainage and Flood Control District has determined the construction costs to be $12,648.73 and requested Council's approval to make this expenditure now and refl ct it later in the six-quarter budget. COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE CITY STAFF TO PARTICIPAT E IN THE HOLLY DAM FOR THE LESSE R AMOUNT REQUESTED • 0 I • • • September 18, 1978 Pag e 13 • • - BY THE DISTRICT. Councilman Mann seconded the motion. Upon a call o f the roll, the vote resulted as fo llows : Ayes: Nays : Absent : Council Members Harper , Clayton , Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 56, SERIES OF 1978 A RESOLUTION CONFIRMING SUPPORT FOR IMPROVEMENTS TO SOUTH SANTA FE DRIVE. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 56, SERIES OF 1978 . Councilman Harper seconded the motion . Upon a call of the roll , the vote resulted as follows: Aye s : Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the transmittal of the 1979 proposed budget to Council. COUNCILMAN MANN MOVED TO RECEIVE THE 1979 PROPOSED BUDGET. Councilman Smith seconded the motion. Upon a call of the roll, the vot e resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Smith, Taylor . None. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * • I • September 18 , 1978 Page 13 ,. • • • BY THE DISTRICT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Mann, Smith, Taylor . None. Council Members Williams, Weber . The Mayor declared the motion carried . * * * * * * RESOLUTION NO. 56, SERIES OF 1978 A RESOLUTION CONFIRMING SUPPORT FOR IMPROVEMENTS TO SOUTH SANTA FE DRIVE. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 56, SERIES OF 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Smith, Taylor. Non e . Council Members Williams , Weber. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the transmittal of the 1979 proposed budget to Council. COUNCILMAN MANN MOVED TO RECEIVE THE 1979 PROPOSED BUDGET. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber . The Mayor declared the motion carried. * * * * * * • I • • September 18, 1978 Page 14 • • • COUNCILMAN MANN MOVED TO ACCEPT THE PROCLAMATION DECLARING OCTOBER 16 -21, 1978 AS "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK". Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber . The Mayor declared the motion carried . * * * * * * Mayor Taylor appointed City Manager McCown and Council- man Donald Smith to continue serving on the Colorado Municipal League Policy Committee for the next year . Mayo r Taylor stated he received an invitation from the Denver Symphony Orchestra inviting Council to attend a free con- cert at th e Marina Square, East Belleview and South Holster on October 7, 1978 b egi nn i ng at 1:00 p.m . Since no Council member chose to attend the concert Mayor Taylor asked the City Manager to so i nform the Symphony . * * * * * * Mayor Taylor gave Councilman Donal d Smith tickets to to attend che 41st National Conventio n of Girl Scouts of America on Oct ober 22, 1978 . * * * * * * Councilman Smith requested the City Manager to submit a report for the next Council meeting on the possibility of plac- ing a loading zone sign in front of the First Baptist Church. Co un cilman Smith stated the clergymen keep getting tickets for unloading it ms from the street to the church. * * * * * * With permission from the Council, Maurice Jones, 5020 South Washingto n, appeared before Council and asked about the composition of fly ash . • I • • September 18, 1978 Page 15 • • • City Attorney Berardini and Council explained the fly ash was composed of the industrial waste from coal and coke. Tri-County Health has recommended the material to be an excel- lent land filler because it is inert . Mayor Taylor stated once the material solidifies in the area in which it is dumped, it will be covered with a few feet of dirt and planted with grass. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN MANN MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber . The Mayor declared the motion carried and adjourned the meeting at 9 :55 p .m. D puty City C erk I '· • I • • • REGULAR MEETING : • • • COUNCIL CHAMBERS CI TY OF ENGLEWOOD, COLORADO Se pt emb e r 18, 1978 The City Council of the City of En g l e wood , Ar a pahoe County, Colorado, met in regular session on Se pt e mber 18, 19 78 at 7:30 p.m. Mayor Taylor , presiding, c a ll e d the meeting t o o rd e r. The invocation was g i ven by Ci t y Man ager McCown. Th e Pledge of Allegiance was led by Cobra Patrol Boy Scout Tr o o p #92 . Mayor Taylor a sk e d f or roll ca ll . Upon a c a l l o f th e roll , th e f ollowin g wer e pres e nt: Counc il Me mb e r s Weber, Sm i t h, Ha r p er, Clayton, Ma nn, Tay lo r. Abs e nt : Council Me mb e r Williams. Th e Mayor d e clare d a quorum pre s e nt. ')'( * * * -1< * Also pr esen t we r e: City Ma na ge r Mc Cown Assis t a nt City Ma n age r Curn e s City Atto rn e y Be r a rdini Deputy City Cle r k Wa t ki ns * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF SPECIAL MEETING OF AUGUST 31 , 1978 . Councilman Harper seconded the motion . Upon a call of the roll , the vote r e sulted as f ollows : Ayes : Nays : Absent: Council Members Ha rper, Clayton, Mann, Weber, Smith, Taylor . None . Co u ncil Memb e r Will i ams . The Mayor declared the motion carried . * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER l, 1978 . Councilman Mann second e d • I • • - - Se pt ember 18. 1978 Page 2 .. • • - the motion. Upon a call of the roll, the vote r es ulted as fo llows: Ayes: Nays : Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor . None . Council Memb r Williams. .., .. ***** COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF TH E REGULAR MEETING OF SEPTEMBER 5, 1978. Councilman Ha r per seconded the motion . Upon a call of the roll, the vote resulted as fol -lows : Ayes : Nays : Abs e nt : Council Members Harper , Clayton, Mann, Weber, Smith, Taylor. None. Council M mber Williams . Th Mayor declared the motion carried . ***'~'~'* Mayor Taylor stated there wer no pre-scheduled visi ors on the ag nda. * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to speak to Council on any subject . No one responded. COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING ON AN ORDINANCE ON FINAL READING THAT WOULD PROHIBIT METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD. Councilman Mann se cond d th motion . Upon a call of th roll, the vote resulted as follows: Ayes : Nays : Council Members Harper, Clayton, Mann, Weber, Smith , Taylor. Non . • I • • September 18, 1978 Page 3 Absent: • • • Council Member Williams. The Mayor declared the motion carried . City Manager McCown explained that Director of Community Development Wanush was called away suddenly on a family emergency and would not be able to make a presentation on this ordinance. Council discussed the ordinance after they agreed most of the members were familiar with the matter. Mayor Taylor asked if anyone in the audience wished to speak in favor of the ordinance. No one responded. Mayor Taylor asked if anyone in the audience wished to speak against the ordinance. No one responded. COUNCILMAN MANN MOVED TO CLOSE THE PUBLIC HEARING. Councilman Harp er seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. Council Member Williams. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCIL MAN MANN BY AUTHORITY ORDINANCE NO. 22, SERIES OF 1978 AN ORDINANC E AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AND 22.8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 22, 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 Harper, Clayton, Mann, Weber, Smith, Taylor. None. • I • • September 18, 1978 Page 4 Absent: • • .. - Council Member Williams . Th Mayor d e clare d the motion carried . "Communications -No Action Recomm nded" on the agenda were received: (a ) (b ) Minutes of the Planning and Zo n ing Commission meeting of July 18, July 25, and August 1, 1978. Minutes of the Water and Sewer Boa r d meeting of August 29, 1978 . Councilman Smith informed Council that Larry Ow ens has accepted another job out-of-st a te and has resign ed as Ch airman of the Pla n ning and Zoning Commission. COUNCILMAN SMITH MOVED THAT COUNCIL WRITE A LETTER OF COMMENDATION TO MR . LARRY OWENS IN APPRECIATION OF THE GO OD J OB HE DID AS CHAIRMAN OF THE PLANNING AND ZONING COMMISSION . Council - man Man n seconde d the motion. Vpon a call of the roll, t he vote resulted as follows: Ayes: Nays: Abs en t : Council Members Harper, Clayton , Ma n n , Weber, Smith, Taylor . Non e . Council Member Williams. * * * * * * City Manager McCown presented a request for a special events license for November 12, 1978 from 12:00 noon to 8 :00 p .m. fo r beer, wine and liquor for St. Louis Home and School, 3301/ 3310 South Sherman Street . City Manager McCown stated a public hearing will have to be scheduled before the request can be granted. COUNCILMAN CLAYTON MOVED TO SET THE PUBLIC HEARING FOR THE ST . LOUIS HOME AND SCHOOL FOR A SPECIAL EVENTS LICENSE ON OCTOBER 16, 1978 AT 7 :30 P.M. Councilman Harper seconded the motion. Upon a call of the roll, th e vote resulted as follows: Ayes: Nays : Council Members Harp er, Clayton, Mann, Weber, Smith, Taylor. None. • I • • • September 18, 1978 Page 5 Absent: • • • Council Member Williams. The Mayor declared the motion carried. *"~<**** City Manager McCown presented a request for a chan g e of own e rship of Encore, Inc., d/b/a Th e South Door , 5470 South Broadway. City Attorney Berardini stated the matter seems nebulous and requested additional time to study the request. City Attorney Berardini stated if additional time is granted he would submit a full report at the October 2nd Council me e ting. COUNCILMAN CLAYTON MOVED THAT THE MATTER CONCERNING THE TRANSFER OF LICENSE FOR ENCORE, INC. D/B/A THE SOUTH DOOR BE RE- SCHEDULED FOR NEXT REGULAR COUNCI L MEETING. Councilman Smi th seconded the motion. Larry Duncan, one of the principal owners of Encore, Inc ., appeared befor e Council at the request of Mayor Taylor. Mr. Duncan stated the ownership change involves changing the state of corporat io n from Delaware to Colorado. The State of Colorado was noti fied of this change at the last license r e newal earlier this year and has now decided that this was not adequate and that a new license must be issued . The State Liquor Di visio n understands that all the sam people a r e involved. Upon a call of the roll, the vote r esulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, W ber, Smith, Taylor. None .. Council Member Williams. The Mayor declar ed th motion carried. * * * * * * City Manager McCown presented a request for the addi- tion of a new stockholder/director by the name of Vincent Siano, 34% owner of stock at the Belleview Bowl-0-Mat Lounge, Inc., 4900 South Federal Boulevard. COUNCILMAN MANN MOVED TO APPROVE THE REQUEST FOR THE STOCK TRANSFER FOR BELLEVIEW BOWL-0-MAT LOUNGE. Councilman • I • • r • September 18, 1978 Page 6 • • • Weber seconded the motion . Upon a call of the roll, the v ote r e sult e d as follows: Ayes: Nays: Abs e nt : Council Members Harpe r , Clayton, Mann, Weber, Smith, Tay lor. None . Council Member Williams . Th e Mayor declared the motion carried . City Ma n age r McCo wn pres ented r e commendations f rom the Planning and Zoning Commission me e tin g of Se ptemb e r 6, 1978 con- cerning zo nin g desig n a tions of certain sit es that are not yet a pa rt of the City. The sites involve d are 1470 West Tufts Avenue, 1485 West Tufts Avenue and 1600 West Tufts Avenue. City Manager McCown stated the r ecomm e ndation f or all thr ee are for I-1, Light Industrial zo ning . The a nnexation o f each site is being requested by ea ch property ow ner as well . COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE ORDINANCES FOR POSSIBLE ZONING DE SIG NATION AND ORDINANC ES FOR POSSIBLE ANNEXATION OF THE FOLLOWING PROPERTIES -1470 WEST TUFTS AVENUE, 1485 WEST TUFTS AVENUE AND 1600 WEST TUFTS AVENUE - AND THAT THEY BROUGHT TO COU NCI L ON OCTOBER 2, 1978 . Councilman Mann seconded th e motion. Upon a call of the roll, the vote re-sulted as fo llows : Ayes: Council Members Harper, Clay ton, Mann, Weber, Smith, Taylor . Nays: None . Absent : Council Member Williams . The Hayor declared the motion carried . * * * * * * City Manager McCown presented a recommendation from the Planning and Zoning Commission meeting of September 6, 1978 con- cerning a subdivision plat file d by Belokes Limited Partnership and Burt Developm nt Company. City Manager McCo wn stated the appli- can ts were in the audienc should Council decide to go ahead and hear th&Qr presentation ven though Director Community Development Wanush was absent . City Manager McCown stated Director Wanush has indicated there are som problems with this plat and has re- quested Council to postpone th matter. • I • • • September 18, 1978 Page 7 • • • Co u ncil decided to hear the applicants testimony since they had come prepared and then postpone the matter until Council has had an opportunity to discuss it with Director Wanush . Harry L. Arkin, attorney for the applicant, appeared before Council . Mr. Arkin stated t h e s u bdivision plat was first submitted to the Planning and Zoning Commission with a particular utility easement along Lots 2 and 3 extending northeast over Lot 1. The Planning and Zoning Commission approved the subdivi- sion with the easement removed (at the applicant's request ) because the applicant stated he could not tell where utility easements would be required. Director of Community Development Wanush entered the meeting at 8 :20 p.m. In r esp onse to Councilman Clayton's question, Director Wanush appeared before Council and answered he presently saw no ne e d for traffic signals at this location. At Council's request, Director Wanush made the presenta- tion concerning the subject subdivision plat. Director Wanush stated his concern deals with the access drive easements. They are private drives and will not be dedicated to the City. Director Wanush stated the legal wording on the docum e nt does not clearly state this and requested that the wording be clarified before the document is signed. COUNCILMAN SMITH MOVED TO APPROVE THE SUBDIVISION PLAT FILED BY BELOKES LIMITED PARTNERSHIP AND BURT DEVELOPMENT COMPANY STRIKING FROM THEIR SUBDIVISION PLAT AS SUBMITTED THE WORD "ACCESS" ON THEIR PLAT DATED AUGUST 17, 1978. Councilma n Weber second ed the motion . Upon a call of the roll, the v o te resulted as follows: Ayes: Nays : Absent : Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. Council Member Williams . The Mayor declared the motion carried . * * * * * * Mayor Taylor d clared a recess at 8 :25 p .m. The Council re-convened at 8 :40 p.m . Mayor Taylor asked for roll call . Upon a call of the roll, the following were present : Council Members Smith, Harper, Clayton, Mann, Taylor • • I • • - • September 18, 1978 Page 8 Abs nt : • • • Council Members Williams, Weber. Mayor Taylor stated that Councilman Weber was ill and had to leav e th me ting . ****''(•k Di ector of Commu n ity Dev e lopment Wanush presented an encroachm ent r eques f rom Mr . a nd Mrs . Keith Sasina, 4190 South Bannock Street to construct a fence on a corner lot and partially in the Ci ty r ight -of -w ay . COUNCIL~~N SMITH MOVED THE ENCROACHMENT REQUEST FOR 4190 SOUTH BANNOCK STREET BE GRANTED . Councilman Harper seco nded the motion. Upon a call of the roll , the vote r es ulted as follows: Ayes: rlay s: Absta in: Abs e nt : Council Members Ha rper, Clayton, Smith, Taylor . None . Council Member Mann . Council Members Williams, Weber . Th e Mayor declared the motion carried . Co un cilman Ma nn stated he chose to a bstain because t h e property belon ge d to h is daughter . * * * * * * City Manager McCown presented a memora ndum f rom the Chairman of th e Audit Selection Committee, Councilman David Clayton , concerning the selection of an auditing firm for the 1978 audit . Councilman Clayton stated th Committee recommends Peat, Marwick, Mitchell & Company as the auditin g firm to con- duct the City's 1978 audit and that a City representative be al low d to ne got iate the audit contract a nd the total cost of the audit . COU NC IL~N CLAYTON MOVED THAT COUNCIL REQUEST THE CITY MANAGER TO HAVE THE PROPER CITY OFFICIAL NEGOTIATE THE AUDIT CONTRACT WITH PEAT, ~RWICK, MITCHELL & COMPANY FOR COUNCIL APPROVAL. Councilman Smith seco nd ed th mo ion . Upon a call of the roll, the vote r suited as follows: Ayes : Council M mbers Harper, Clayton, Mann, Smith, Taylor • • I • • • September 18, 1978 Page 9 Nays: Absent : • • • None. Council Members Williams, Web e r . The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum f rom Muni- cipal Court Judge concerning th e 1979 Municipal Court budg et . COUNCILMAN CLAYTON MOVED TO TABLE THE MATTER UNTIL THE PROPER TIME FOR CONSIDERATION BY THE COUNCIL. Motion died for lack of a second. COUNCILMAN SMITH MOVE TO POSTPONE THE JUDGE'S MEMO- RANDUM UNTIL OCTOBER 2, 1978 AND SCHEDULE THE JUDGE TO APPEAR BEFORE THE COUNCIL IN A STUDY SESSION TO DISCUSS THE BUDGET ON OCTOBER 2, 1978 AND THAT THE JUDGE BE PLACED FIRST AT 5:00 P.M. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams , Weber. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 23, SERIES OF 1978 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 ORDINANCE NO. 23, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Harper, Clayton, Mann, Smith, Taylor. • I • • Sept mber 18, 1978 Page 10 Nays: None. • • - Abse n t : Council Members Williams, Weber . Th Mayor declared the motion carried . * * * * * * RESOL UTION NO. 55, SERIES OF 1978 A RESOLUTION APPROVING AN AGREEMENT FOR THE DISPOSAL OF INDUSTRIAL FLY ASH BETWEEN PUBLIC SERVICE COMPANY OF COLORADO, A COLORADO CORPORATION, AND THE CITY OF ENGLEWOOD, A MUNICIPAL CORPORATION . City Attorney Berardini recommended the agreement langu - age be changed to contain the following two provisions: l) a minimum of 110,000 cubic yards of fly ash per year would be delivered to the site; and 2) th Public Se rvice Company or its contractors shall comply with all police and traffic r egulations of the City of Sheridan a nd cooperate with the City of Sheridan in the timely deliveries. City Attorney stated the specified amount of fly ash would insure a certain r eve nue fo r Englewood and the compliance with the police and traffic regulatio ns and the timely deliveries would insure proper traf fic flow duri ng the peak rush hours . City Attorney offered to r ed r a t the agre m nt in conjunction with the Public Service Company should Council decide the two provisions are nec es sary . Coun cil discuss ed the agreement and the need to further research the terms of the agreem nt. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 55, SERIES OF 1978 WITH THE FOLLOWING AMENDMENT S: 1) ADD TO PARAGRAPH #5 OF THE ATTACHED AGREEMENT, "THE ESTIMATED FLY ASH PRODUCED AT THE ARAPAHOE STATION IS 110,000 CUBIC YARDS PER YEAR . THE MINIMUM AMOUNT THAT SHALL BE DUMPED SHALL NOT BE LESS THAN 85 % OF THE ESTIMATED FLY ASH PRODUCED AT THE ARAPAHOE STATION." 2) ADD PARAGRAPH 116, "THE PUBLIC SERVICE COMPANY OF COLORADO OR ITS CONTRACTORS SHALL ABIDE BY ALL POLICE AND TRAFFIC REGULATIONS OF THE CITY OF SHERIDAN AS POSTED AT THE ENTRANCE OF THE DUMPING SITE." Councilman Mann seco nded the motion. At the request of Council, James Chambers, District Manager Public Service Company, 3470 South Broadway, appeared before Coun- cil . Mr. Chambers stated he thought the provisions were too speci- • I • ~( • September 18, 1978 Page 11 • • .. fie unless they included wording such as, "prohibited by acts of God, flood, famine, etc." Mr. Chambers suggested that Council table the matter until he can discuss it further with the City Attorney. Councilman Smith withdrew his motion . Councilman Mann withdrew his second to the motion . COUNCILMAN MANN MOVED TO POSTPONE THE PASSAGE OF RESOLU- TION NO . 55, SERIES OF 1978 UNTIL OCTOBER 2, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Counc il Members Harper, Clayton, Mann, Smith , Taylor. None. Council Members Williams, Weber . The Mayor declared the motion carried . COUNCILMAN SMITH MOVED TO ALLOW THE STAFF TO NEGOTIATE AN INTERIM CONTRACT THAT WOULD BE VALID WITH THE PUBLIC SERVICE COMPANY BETWEEN NOW AND OCTOBER 2, 1978 TO DUMP FLY ASH AT THE SITE IN QUESTION. Councilman Harper seconded the motion . Upon a call of the roll, the vote result e d as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Smith, Taylor. None . Council Members Williams , Weber. The Mayor d e c la red the motion carried . * * * * * * City Attorn e y Berardini discussed the problem of coal trains blocking publ i c ways in the City of Englewood . City Attor- ney Berardini transmitted copies of ordinances passed by the Cities of Littleton and Denver controlling general train regulations for Council to review and discuss further at a study session . * * * * * * City Manager McCown presented memoranda from the Di- rector of Parks and Recreation and the Chief of Police concerning Duncan Park. City Manager McCown stated the report contains thr e e • 0 I • • • September 18, 1978 Page 12 • • .. areas in which Council requested information: 1) incidences at the park f r om June through August; 2 ) report on possible facilities tha t could be estab lished at the park; and 3) the costs of these facilities . COUNCILMAN CLAYTON MOVED TO ALLOW THE CITY STAFF TO CON- DUCT NEIGHBORHOOD MEETINGS IN THIS AREA TO SEE WHAT THE DESIRES OF THE RESIDENTS OF THE DUNCAN PARK ARE. Councilman Harper seconded the mo tion. A fo rum was allowed by Council in order to hear what some Duncan Park residents came to the meeting to say . The r e - sidents wer in favor of conducting these nei ghborhood meetings and thought the improveme n ts could be completed over a certai n period . These res idents expressed concern over the location of the San-0-Lets. They requested the San-0 -Lets be relocated to an area that is not so dark and secluded . Mayor Taylor stated the San -0 -L ets a r e scheduled to r em ov ed Oc tober 15, 1978 unless the season r emains warm. City Manager McCown stated the San-0 -Lets were placed on the grounds in their present location in com p liance with the caretaking specifications set forth by the com p a ny renting the San-0-Lets to the City . Upon a call of the roll, the vote on the motion re -sulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Smith, Taylor . None. Council Members Williams, Weber . The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum from the Di- rector of En gineering Services concerning t h e Holly Dam construc- tion costs . On July 17, 1978 Council approved an additional expendi- ture up to $16,865 for the construction costs. City Manager McCown stated the Urban Drainage and Flood Control District has determined the co nstru ction costs to be $12,648 .73 and requested Council's approval to make this expenditure now and reflect it later in the six-quarter budget. COUNCILMAN CLAYTO N MOVED TO AUT HORIZE THE CITY STAFF TO PARTICIPATE IN THE HOLLY DAM FOR THE LESSE R AMOUNT REQUESTED • D I • • • Se ptember 18, 1978 Page 13 .. • • • BY THE DISTRICT. Counc i lman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Sm i th, Taylor. None . Council Members Williams, Weber. The Mayor d e clared the motion carried . * * * * * * RESOLUTION NO. 56, SERIES OF 1978 A RESOLUTION CONFIRMING SUPPORT FOR IMPROVEMENTS TO SOUTH SANTA FE DRIVE. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 56, SERIES OF 1978. Councilma n Harper seconded the motion . Upon a call of the roll, the vot e r e sulted as follows : {) Ayes: Nays: Abs e nt : Council Members Harper , Clayton, Mann , Smi th , Taylor . Non e . Coun c il Members Williams, Weber . Th e Mayor d eclar e d the mot i on c a rr ied. * * * * * * Ci t y Manager McCown d iscussed the transmittal of the 1979 proposed b udget to Council . COUNCILMA N MANN MOVED TO RECEIVE THE 1979 PROPOSED BUDGET . Councilman Smith seconded the motion. Upon a call of the roll, the vote res u lted as follows: Ayes : Nays : Absent : Council Mem b ers Har p er, Clay t on, Mann , Smith, Taylo r . None . Council Mem b ers Wil l i a ms, We b er . The Mayor declared the motion carried . * * * * * * • I • • • September 18, 1978 Page 14 '' • • .. COUNCILMAN MANN MOVED TO ACCEPT THE PROCLAMATION DECLARING OCTOBER 16 -21, 1978 AS "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK''. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor . None. Council Members Williams, Weber . The Mayor declared the motion carried . * * * * * * Mayor Taylor appointed City Manager McCown and Council- man Donald Smith to continue serving on the Colorado Municipal League Policy Committee for the next year. * * * * * * Mayor Taylor stated he received an invitation from the Denver Symphony Orchestra inviting Council to attend a f re e con- cert at the Marina Square, East Belleview and South Holster on October 7, 1978 beginning at 1:00 p.m . Since no Council member chose to attend the concert Mayor Taylor asked the City Manager to so inform the Symphony . * * * * * * Mayor Taylor gave Councilman Donald Smith tickets to to attend the 41st National Convention of Girl Scouts of America on October 22, 1978. * * * * * * Councilman Smith requested the City Manager to submit a report for the next Council meeting on the possibility of plac- ing a loading zone sign in front of the First Baptist Church. Councilman Smith stated the clergymen keep getting tickets for unloading items from the street to the church. * * * * * * With permission from the Council, Maurice Jones, 5020 South Washington, appeared before Council and asked about the composition of fly ash. • I • • - • • September 18, 1978 Page 15 • • • City Attorney Berardini and Council explained the fly ash was composed of the industrial waste from coal and coke. Tri-County Health has recommended the material to be an excel- lent land filler because it is inert. Mayor Taylor stated once the material solidifies in the area in which it is dumped, it will be covered with a few feet of dirt and planted with grass. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN MANN MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried and adjourned the meeting at 9:55 p.m. • I • • • REGULAR MEETING: • • ,. .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 18, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 18, 1978 at 7 :30 p.m . Mayor Taylor, presiding, called the meeting to order. The invocation was given by City Manager McCown. The Pledge of Allegiance was led by Cobra Patrol Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Weber, Smith, Harp e r, Clayton, Mann, Taylor . Absent: Council Member Williams . The Mayor declared a quorum present . * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF SPECIAL MEETING OF AUGUST 31 , 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Harper, Clayton, Mann, Weber, Smith, Taylor . None. Council Member Williams. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 1, 1978. Councilman Mann seconded • I • • • September 18, 1978 Page 2 • • • the motion. Upon a call of the roll, the vote r es ul ted as follows : Ayes: Nays: Absent: Council Members Harper, Cl ayton, Mann, Weber, Smith, Taylor . None . Council Member Williams. COUNCILMA N MANN MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 5, 1978 . Councilman Harper seco nd ed the motio n. Upon a call of the roll, the vote result e d as fol -lows: Ayes: Nays: Absent: Council Members Harper, Clayton , Man n, Weber, Smith, Taylor . None . Council Member Williams . The Mayor declared the motion carried . ***"'k** Mayor Taylor stated there were no pre -scheduled visitors on the agenda . * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to speak to Council on any subject . No one responded. ***'''** COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING ON AN ORDINANCE ON FINAL READING THAT WOULD PROHIBIT METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD . Councilman Mann second d the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper , Clayton, Mann, Weber, Smith, Taylor. None . • I • ( • September 18, 1978 Page 3 Absent : • • • Council Member Williams. The Mayor declared the motion carried . City Manager McCown explained that Director of Community Development Wanush was called away suddenly on a family emergency and would not be able to make a presentation on this ordinance. Council discussed the ordinance after they agreed most of the members were familiar with the matter . Mayor Taylor asked if anyone in the audience wished to speak in favor of the ordinance. No one responded . Mayor Taylor asked if anyone in the audience wished to speak against the ordinance . No one responded. COUNCILMAN MANN MOVED TO CLOSE THE PUBLIC HEARING . Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor . None. Council Member Williams. The Mayor declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 22, SERIES OF 1978 AN ORDINANCE AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AND 22.8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 22, 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 Harper, Clayton, Mann, Weber, Smith, Taylor. None. • I • • - • • • .. - September 18, 1978 Page 4 Absent: Council Member Williams. The Mayor declared the motion carried . *'k**'~* "Communications -No Action Re commended" on the agenda were received: (a) (b) Minutes of the Planning and Zo ning Commission meeting of July 18, Ju ly 25, and August 1, 1978 . Minutes of the Water and Sewer Board meeting of August 29, 1978. Councilman Smith informed Council that Larry Owens has accepted another job out-of -state and has resigned as Chairman of the Planning and Zoning Commission. COUNCILMAN SMITH MOVED THAT COUNCIL WRITE A LF.TTER OF COMMENDATION TO MR . LARRY OWENS IN APPRECIATION OF THE GOOD JOB HE DID AS CHAIRMAN OF THE PLANNING AND ZONING COMMISSION . Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor . None. Council Member Williams. * * * * * * City Manager McCown presented a request for a special vents license for November 12, 1978 from 12:00 noon to 8 :00 p.m. for beer, wine and liquor for St. Louis Home and School, 3301 / 3310 South Sherman Street . City Manager McCown stated a public hearing will have to be scheduled before the request can be granted. THE ST. OCTOBER motion. COUNCILMAN CLAYTON MOVED TO SET THE PUBLIC HEARING FOR LOUIS HOME AND SCHOOL FOR A SPECIAL EVENTS LICENSE ON 16, 1978 AT 7:30 P.M. Councilman Harper seconded the Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None . • I • Se ptemb e r 18 , 1 978 Pa ge 5 Abs e n t: • • • Coun cil Mem b e r Wi ll iams. Th e Mayor de c la r e d t h e moti on carr ie d. * * * * * * City Manage r McCo wn p r e s ented a r eq u e st f or a chang e of own e rship of Encore, Inc., d/b/a The Sou t h Doo r , 5470 South Broadway. City Attorney Bera rd i ni stat e d th e matter se e ms nebulous and requ e st ed additional time to study th e r e qu e st . Cit y Attorney Berardini stat ed if additional time is grant e d h e would subm it a full repor t at the Octobe r 2nd Council meetin g . CO UNCILMAN CLA YTON MOVED THAT THE MATTER CONCERNING THE TRANSFER OF LICENSE FOR ENCORE, INC . D/B/A THE SOUTH DOOR BE RE- SCHEDULED FOR NEXT REGULA R COUNCIL ME ETING . Councilman Sm i th seconded th e motion . Larry Du n ca n , on e o f the principal owners of Encor e , Inc ., appeared befor e Council at the request of Mayor Taylor. Mr. Duncan stated th e own e rship change involv e s changing the state of corpor ation fro m De lawar e to Colorado . The State of Colorado was noti f i e d o f this change at the last licens e renewal earlier this year and has now decid e d that this was not adequate and that a new li cens e must be issued . The State Liquor Divis i on und e rstand s th at al l th e same p e opl e are involved. Upon a c a ll o f th e r o l l, the vot e r e sulted as f ollows : Ay e s : Nays: Absent: Coun cil Mem b er s Harper, Clay ton, Mann, We b er, Smit h , Taylor . None . Council Member Williams . The Mayor declared the motion carried . * * * * * * City Manager McCown presented a request f or t h e a d di- tion of a new stockholder/director by the name of Vincent Siano, 34 % owner of stock at th Belleview Bowl-0-Mat Lounge, Inc ., 4900 South Federal Boulevard . COUNCILMAN MANN MOVED TO APPROVE THE REQUEST FOR THE ( STOCK TRANSFER FOR BELLEVIEW BOWL-0-MAT LOUNGE . Councilman • • I • • September 18, 1978 Page 6 • • • Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann , Webe r, Smi th, Taylor . None . Council Member Williams . The Mayor declared the motion carried . ***-/(;'(* City Manager McCown presented recommendations from the Planning and Zoning Commission meeting of September 6, 1978 con- cerning zonin g designations of certain sites that are not yet a part of the City . The sites involved are 14 70 West Tufts Avenue, 1485 West Tu fts Avenue and 1600 West Tufts Avenue . City Manager McCown stated the recommendation fo r all thr ee are for I-1, Light Industrial zoning . The annexation of each site is being requested by each property owner as well . COU NCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE ORD I NANCES FOR POSSIBLE ZONING DESIGNATION AND ORDINANCES FOR POSSIBLE ANNEXATION OF THE FOLLOWING PROPERTIES -1470 WEST TUFTS AVENUE, 1485 WEST TUFTS AVENUE AND 1600 WEST TUFTS AVENUE - AND THAT THEY BROUGHT TO COUNCIL ON OCTOBER 2, 1978 . Councilman Mann seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. Nays: Non Absent: Council Member Williams. The Mayor d clared the motion carri d . * * * * * * City Manager McCown presented a recommendation from the Planning and Zoning Commission meeting of September 6, 1978 con- cerning a subdivision plat filed by Belokes Limited Partnership and Burt Development Company. City Manager McCown stated the appli- cants w re in the audience should Council decid to go ahead and h ar their presentation v n though Director Community Development Wanush was absent . City Manager McCown stated Director Wanush has indicated t h ere ar some problems with this plat and has re- quest d Council to postpone the matter. • I • • September 18, 1978 Page 7 • • • Council decided to hear the applicants testimony since they had come prepared and then postpone the matter until Council has had an opportunity to discuss it with Director Wanush . Harry L. Arkin, attorney for the applicant, appeared before Council. Mr. Arkin stated the subdivision plat was first submitted to the Planning and Zoning Commission with a particular utility easement along Lots 2 and 3 extending northeast over Lot 1 . The Planning and Zoning Commission approved the subdivi- sion with the easement removed (at the applicant's request) because the applicant stated he could not tell where utility easements would be required. Director of Community Development Wanush entered the meeting at 8 :20 p .m. In response to Councilman Clayton's question, Director Wanush appeared before Council and answered he presently saw no need for traffic signals at this location. At Council's request, Director Wanush made the presenta- tion concerning the subject subdivision plat. Director Wanush ~ stated his concern deals with the access drive easements . They are private drives and will not be dedicated to the City. Director Wanush stated the legal wording on the document does not clearly state this and requested that the wording be clarified before the document is signed . COUNCILMAN SMITH MOVED TO APPROVE THE SUBDIVISION PLAT FILED BY BELOKES LIMITED PARTNERSHIP AND BURT DEVELOPMENT COMPANY STRIKING FROM THEIR SUBDIVISION PLAT AS SUBMITTED THE WORD "ACCESS" ON THEIR PLAT DATED AUGUST 17, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8 :25 p.m. The Council re-convened at 8 :40 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Smith, Harper, Clayton, Mann, Taylor • • I • • • September 18, 1978 Pa ge 8 Abs e nt : • • .. Counc il Memb rs Williams, We ber . Mayo r Ta ylo r stated that Councilman W ber was i ll and had to l ea v e the meeting . * * * * * * Director of Community Development Wanush presented an encroachm e nt requ es t f rom Mr . and Mrs . Keith Sasina, 4190 South Bannock Street to construct a fence on a corner lot a nd partially in the Ci ty right-of -way . COUNCILMAN SMITH MOVED THE ENCR OACHMENT REQUEST FOR 4190 SOUTH BANN OCK STREET BE GRANTED . Councilma n Ha r pe r seconded th e motion. Upon a call of the roll, the vote r es ulted as fo llows : Ayes: Nays : Abstain : Abs e nt : Council Members Harper, Clayto n, Smith, Taylor . Non . Council Member Man n. Council Members Williams, Weber . Th Mayor declared the motion carried . Councilman Mann s ated he chose to abstain because the property belong ed to his daught r . * * * * * * City Manager McCown presented a memo randum from th e Chairman of th e Audit S lee ion Committee, Councilman David Clayton, concerning the se1ec ion o an auditi n g firm for Lhe 1978 audit . Councilman CliVton tated the Committee recommends Peat, Marwick, Nitchcll & Cor.~any as the aurliting firm to con - duct th City 's 1978 audit and tha a City represe nta tive be allowed to negotiat Lhe audi con ract and the total cost of th audit . COUNCILMAN CLAYTO MOVED THAT COUNCIL REQUEST THE CITY MANAGER TO HAVE THE PROPER CITY OFFICIAL NEGOTIATE THE AUDIT CONTRACT WITH PEAT, MARW ICK , MITCHELL & COMPANY FOR COUNCIL APPROVAL. Councilma n Smith s~co nded the motion . Upon a call o f the roll, the vote resulted as follows: Ayes : Council Members Harp r, Clayton, Mann, Smith, Taylor . • D I • ~( Se pt em b e r 18 , 1978 Page 9 Na y s : Absent : • • .. Non e . Council Members Williams, Web e r. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum f rom Mun i - cipal Court Judge concern i ng th e 1979 Municipal Court budge t . COUNCILMAN CLAYTON MOVED TO TABLE THE MATTER UNTIL THE PROPER TIME FOR CONSIDERATION BY THE COUNCIL. Motion died f or lack of a second . COUNCILMAN SMITH MOVE TO POSTPONE THE JUDGE'S MEMO- RANDUM UNTIL OCTOBER 2 , 1 978 AND SCHEDULE THE JUDGE TO APPEAR BEFORE THE COUNCIL IN A STUDY SESSION TO DISCUSS THE BUDGET ON OCTOBER 2, 1978 AND THAT TH E JUDGE BE PLACED FIRST AT 5 :00 P.M. Councilman Mann second e d t he motion. Upon a call of the rol l , the vote resulted as f ollows: Ayes : Nays : Absent : Council Memb e rs Harp e r, Clayton, Mann, Sm it h, Taylor. Non e . Counc i l Me mbers Williams, We b e r . Th e Mayor declared the motion c a rr ied. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO . 23, SERIES OF 1978 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 ORDINANCE NO . 23 , SERIES OF 1978 ON FINAL READING . Cour.cilman Smith seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Council M mb rs Harper, Clayton, Mann , Smith, Taylor . • 0 I • • September 18, 1978 Page 10 Nays: Absent: • • • None. Council Members Williams, Weber . The Mayor declared the motion carried. ***>'<** RESOLUTION NO. 55, SERIES OF 1978 A RESOLUTION APPROVING AN AGREEMENT FOR THE DISPOSAL OF INDUSTRIAL FLY ASH BETWEEN PUBLIC SERVICE COMPANY OF COLORADO, A COLORADO CORPORATION, AND THE CITY OF ENGLEWOOD, A MUNICIPAL CORPORATION . City Attorney Berardini recommended the agreement langu - age be changed to contain the following two provisions: l) a minimum of 110,000 cubic yards of fly ash per year would b delivered to the site; and 2) the Public Service Company or its contractors shall comply with all police and traffic regulations of the City of Sheridan and cooperate with the City of Sheridan in the timely deliveries . City Attorney stated the specified amount of fly ash would insure a certain revenue for Englewood and the compliance with the police and traffic regulations and the timely deliveries would insure proper traffic flow during the peak rush hours . City Attorney offered to redraft the agreement in conjunction with the Public Service Company should Council decide the two provisions are necessary . Council discussed the agreement and the need to further res arch the terms of the agreement . COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 55, SERIES OF 1978 WITH THE FOLLOWING AMENDMENTS: 1) ADD TO PARAGRAPH 15 OF THE ATTACHED AGREEMENT, "THE ESTIMATED FLY ASH PRODUCED AT THE ARAPAHOE STATION IS 110 ,000 CUBIC YARDS PER YEAR . THE MINIMUM AMOUNT THAT SHALL BE DUMPED SHALL NOT BE LESS THAN 85% OF THE ESTIMATED FLY ASH PRODUCED AT THE ARAPAHOE STATION." 2) ADD PARAGRAPH 116, "THE PUBLIC SERVICE COMPANY OF COLORADO OR ITS CONTRACTORS SHALL ABIDE BY ALL POLICE AND TRAFFIC REGULATIONS OF THE CITY OF SHERIDAN AS POSTED AT THE ENTRANCE OF THE DUMPING SITE." Councilman Mann second d th motion . At th request of Council, James Chambers, District Manager Public Service Company, 3470 South Broadway, appeared before Coun- cil. Mr. Chambers stated he thought the provisions were too speci- • I • • • September 18, 1978 Page 11 • • - fie unless they included wording such as, "prohibited by acts of God, flood, famine, etc." Mr. Chambers suggested that Council table the matter until he can discuss it further with the City Attorney. Councilman Smith withdrew his motion. Councilman Mann withdrew his second to the motion. COUNCILMAN MANN MOVED TO POSTPONE THE PASSAGE OF RESOLU- TION NO. 55, SERIES OF 1978 UNTIL OCTOBER 2, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO ALLOW THE STAFF TO NEGOTIATE AN INTERIM CONTRACT THAT WOULD BE VALID WITH THE PUBLIC SERVICE COMPANY BETWEEN NOW AND OCTOBER 2, 1978 TO DUMP FLY ASH AT THE SITE IN QUESTION. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * City Attorney Berardini discussed the problem of coal trains blocking public ways in the City of Englewood. City Attor- ney Berardini transmitted copies of ordinances passed by the Cities of Littleton and Denver controlling general train regulations for Council to review and discuss further at a study session. * * * * * * City Manager McCown presented memoranda from the Di- rector of Parks and Recreation and the Chief of Police concerning Duncan Park. City Manager McCown stated the report contains three • I • - • September 18, 1978 Page 12 • • • areas in which Council requested information : 1) incidences at the park from June through August; 2) report on possible facilities that could be established at the park; and 3) the costs of these facilities . COUNCILMAN CLAYTON MOVED TO ALLOW THE CITY STAFF TO CON- DUCT NEIGHBORHOOD MEETINGS IN THIS AREA TO SEE WHAT THE DESIRES OF THE RESIDENTS OF THE DUNCAN PARK ARE. Councilman Harper seconded the motion. A forum was allowed by Council in order to hear what some Duncan Park residents came to the meeting to say. The re- sidents were in favor of conducting these neighborhood meetings and thought the improvements could be completed over a certain period. These residents expressed concern over the location of the San-0-Lets . They requested the San-0-Lets be relocated to an area that is not so dark and secluded . Mayor Taylor stated the San-0-Lets are scheduled to removed Octob e r 15, 1978 unless the season remains warm. City Manager McCown stated the San -0-Lets were placed on the grounds in their present location in compliance with the caretaking specifications set forth by the company renting the San -0-L ets to the City. Upon a call of the roll, the vote on the motion re-sulted as follows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Memb e rs Williams, Weber. The Mayor declared the motion carried . * * * * * * City Manager McCown presented a memorandum from the Di- rector of Engineering Services concerning the Holly Dam construc- tion costs. On July 17, 1978 Council approved an additional expendi- ture up to $16,865 for the construction costs. City Manager McCown stated the Urban Drainage and Flood Control District has determined the construction costs to be $12,648.73 and requested Council's approval to make this expenditure now and r e flect it later in the six-quarter budget. COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE CITY STAFF TO PARTICIPATE IN THE HOLLY DAM FOR THE LESSER AMOUNT REQUESTED • I • n • September 18, 1978 Pag e 13 • • • BY THE DISTRICT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as f ollows: Ayes : Nays : Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams , Weber. The Mayor declared the motion carried . * * * * * * RESOLUTION NO . 56, SERIES OF 1978 A RESOLUTION CON FIRMING SUPPORT FOR IMPROVEMENTS TO SOUTH SANTA FE DRIVE . COUNC ILMAN MANN MOV ED TO PASS RESO LUTION NO. 56, SERIES OF 1978. Coun cilman Harp e r s e conded the mot i on . Upon a c a ll of O the roll, the vot e r e su lted as follows : Ay e s : Na y s : Abs e nt : Counci l Members Harper, Clayton, Mann, Smi th , Taylor . Non e . Coun ci l Members Williams, Weber . Th e Mayor d e c lar e d t h e mot i on c arried. * * * * * * City Ma n ager McCown discussed the transmittal of the 1979 proposed budget to Council . COUNCILMAN MANN MOVED TO RECEIVE THE 1979 PROPOSED BUDGET . Councilman Smith seconded the motion . Upon a call of the roll, the vot e resulted as follows : Ayes : Nays : Absent : Council Members Harper, Clayton, Mann, Smith, Taylor . None. Council Members Williams, Weber . The Mayor declared the motion carried. * * * * * * • I • • • September 18, 1978 Page 14 • • • COUNCILMAN MANN MOVED TO ACCEPT THE PROCLAMATION DECLARING OCTOBER 16 -21, 1978 AS "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK". Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton , Mann , Smith, Taylor . None. Council Members Williams, Weber . The Mayor declared the motion carried . *~'**** Mayor Taylor appointed City Manager McCown and Council- man Donald Smith to continue serving on the Colorado Municipal League Policy Committee for the next year . * * * * * * Mayor Taylor stated he received an invitation from the Denver Symphony Orchestra inviting Council to attend a free con- cert at the Marina Squa re, East Belleview and South Holster on October 7, 1978 beginning at 1:00 p.m. Since no Council member chose to attend the concert Mayor Taylor asked the City Manager to so inform the Symphony. * * * * * * Mayor Taylor gave Councilman Donald Smith tickets to to attend the 41st ational Convention of Girl Scouts of America on Octob er 22, 1978 . * * * * * * Councilman Smith requested the City Manager to submit a report for the next Council meeting on the possibility of plac- ing a loading zone sign in front of the First Baptist Church. Councilman Smith stated the clergymen keep getting tickets for unloading items from the street to the church. * * * * * * With permission from the Council, Maurice Jones, 5020 South Washington, appeared before Council and asked about the composition of fly ash . • I • • ( ( • Se pt e mb e r 18, 1978 Page 15 • • • City Attorney Berardini and Council explained the fly ash was composed of the industrial waste from coal and coke. Tri-County Health has recommended the material to be an excel- lent land filler because it is inert. Mayor Taylor stated once the material solidifies in the area in which it is dumped, it will be covered with a few feet of dirt and planted with grass. ***'"'** There was no further business to be discussed. * * * * * * COUNCILMAN MANN MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton , Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried and ad j ourned the meeting at 9:55 p.m. D puty City C erk ' • I • • - • • • • {i,UV('\ J/'11 -'I)W_:u ~? '[ U..i-ft..r" 7Jcy-f4<)~ ROLL CALL H ed S d d ov ec!ln e ve A N ~ Wfl, f?r.:s ~:r-~,;r- Smftr, I Haro ~_W ! Clavton l Mann l Ma yor Tay_l_:!:i df_<W J._,,J, &1 l l.L:J }) ?c_ u'UJ/' ;J_f/LJ ~RJ Ab stain Absent I . . • - • • 1- RO LL CALL Moved Sec~nded Ave N'!l Abstain Abse11_t, Wiff::i'rr:-:~----,-- ..!::::::.. ' -.Weber -----; V ~"!.!.!.'• ~ -'-"" --':l.ln-=.L ~ Cla_y_ton ~ Mann '~ ~a .~~r r~r~u .!:::::.. • I . .----~--------------------------~. • • • M ed S d d OY ec~n P ve ~ s a n sen Wil 1 ~i'r.;:; =--~r-.J:::::::_ ~ I v- A N Ab t f Ab t 2._m...!!_r. ..J.:::::::. ...!::::::: ..IW:D.tt._ ~ L--Cl~ton ~ ~ Mann -!--!=:;; _l"'av~r Ta .Y]_~u._ v--· /{)_/ I . . .~----~------~~---------------------. • - • • ROLL CALL M s oved ec~ndtod Ave Na_y bsta n sent Wf~~?r.~---~-z;::= ' ...weber _____ L-.J.--~m_!_tr, ~ Haro!tl:._ c:.,.._.; ~ Cl~ton ~ ~ Mann l v May«_?r" Ta }~_1_:,ei v- A Ab /b ()Luf I . • • - • • - ROLL CALL Hoved Seconded Absta fn Absent I . • • -• • ROLL CALL Moved Seconded Ave Nay Abstain Absent Wil 1 iams ~.~ ......... :,m1 n Harru!r ~ Clavton Mann Ma.Yor Tay]or I . . • • • • • ROLL CALL H ed S dd ov econ e Ave Nav Abstain Absent Williams w .. h.u• 5m1til Haroer q...-- Clavton Mann Mayor Tay_l or I . • • • • • ROLL CALL M ed S ov d d econ e A we Na !.Y_ Ab sta n Ab t sen Williams _K WPhPr ~ ;)1111tll v- Haroer 4-~ .. ~ Clayton v v---Mann v l'layor Tay_l or ~ I . . • • • • • ROLL CALL Moved Seco d d n e Aye Nav Abstain Absent Williams Weber =>m1th -llaroer ~ Clavton Mann Mavor Taflor u_)L ]')~U ~ ------f I If I I /I {; I . • • • • - • • ROLL CALL Moved Seconded Ave Nay Abstain Absent Williams ~ ~.~ ......... ~ :il111tll 1:/ 1/' Harnf'r 4--1.7 Clavton v v Mann I~ Mayor Tay]cr 1/' • I . • • • • • • ROLL CALL A Moved Seconded Aye Nay Abstain bsent Williams v ........... v- ~ :>mltn v- Harof!r 4----v- Clayton v-_v Mann v-Mayor Tay_:J or v- I . • • • • ,. • ROLL CALL H ed S d d OY econ e Williams Ave Nav Abstain Absent w .. h .... :>m1tn Haroer ~ Clavton Mann Mayor TaYlor I . • • • • • ROLL CALL I • • • - • • ROLL CALL v econ e ~e Nay Absta n bsent Williams J..,..-- Hoed s dd A A --.Weber ~ 2_111.!!_0 ~ v Haroer Cf--v- ~ Cl~ton v- Mann v- _l'layor ra y_~ or v /Q-10 -;?? rJ I . . • • • • • ROLL CALL Moved Seco d d n e Ave Nav William~ Abstafn Absent w~ .... v-v ...... _::>1111 tn v v lbo~ .. '+--' v Clavton v Mann v Mavor ra y_l or v (o b. ))'L J /)~ yh ~ ~ [IW-1 /un LOJ c ~~ ~ 1L"Qd ~r T f;t; (;,_ t ,-~ . Tc(~ 0;; ~ /~ { J,. ~ / ~"v--(MJ/1 a ~-~ /:_ 1 f~/?l t1 ~ J /l''·r/. ') '-' u <. _,(_, C:a U Uu > J • I • • • • ROLL CALL H ed S d d A Na Ab Ab t ov econ e ~ye IY sta n sen Williams t.-' _1..../ w .. h;r v ~l_tn v Harof!r _!±:::_ v Clavton 1./ ~I/ Mann (..../' Mayor Tay_l or v- I . • • .. • • • • ROLL CALL Moved Seconded A \ve Nav Absta fn Absent Williams WPhPr :smttn Hilroer '+- Clavton Mann Mayor Tav_lor u);u_J) ~ "'J ;u CA~~~n ~ ~ i;Mu ?•::.Jr \ ------ • I . . • • • • ROLL CALL Moved Seconded Ave Nav Abstafn Absent v Williams w .. ~r 1/ £.,./ :>m;tn (../ Haro~>r <J--v Clavton ·r:;; 1/ Mann L/ Mayor Tay_lor ~ 6£ (IL,J ) f ~~ C-t0r~ u (;d-{ ~ '-tu£ • OYl) (9 c_;C 0{ ·cJ-z-_/--'?L~-~.......-..: . • • I . • • • • .. • ROLL CALL Moved Seconded A lye Nav Abstain Absent Williams ~ .... ·Sm·ltn Haroer </-- Clayton Mann Mayor-lay_lcr cj~O --cJUr.,v , o._;;t_hr, ">'U J-/4<! ~CO.I t_}..._ ~~O-V' 1 0~Yi (J" J 0-""1 -&J ~NVUAriv w;~, /U">"Vl.Aii . --IW-CD ~~ J-~ ,,. ·")L L • I . • • • ROLL CALL Moved Sec d d on e Aye Nav Abstain Absent Wi 111a ms WPbPr :>m1t n HarnPr 'P Clavton Mann l-raYor Tay)or cur ~-chJ Y O/r'GI ru );1~ ~L 0 .Jtv.,u -/)~ -h-w a~·t:-<. tl ,-t1...fJ -------- ;.J rf 1 9 -fr 5a,., t , ;,_p OJ r r>-"""'-- '---C<~ ()1.1 0 c j. -~ ., L.{(/~~ r ~" ·'f'Lf-x_j_ '---&_ C 0-UAU ll-o <' YV .,8. ' ct 1-U-<1 U-tfJ V VJ {}vuA. tu__, _; ~ • , I . • • • • ROLL CALL Moved Seconded Wi 111ams w .. h;;- 5m1th Harof!r L1- Clavton Mann flfavor Tav_l cr WtJ-~'1-UQ A • ac.c.w Q_; ~ v;, ~t (i '~ ())~ l (._ A 'il/L L ~~ 01 t v.-V?J C! lA. . Ave Nav • Abstain Absent I . • - • • B_Dll CALL Moved Seconded Will fams Aye Nay Abstafn Absent _!...--" WPh<>~ v--~ ~ ~ .>m I Ul L--.lfA.Ge.r. ~ v-Cl~ton v--Mann 1.--.!layor Ta y_l or v- Off 6';<9-~ ~~ .tUYY! -~ pMj~ OAv ~ ~~·) -- 5 ~1 7 ~7 i I . . • • ' • - • • ROLL CALL Moved S d d A Na Ab ta1 Ab t econ e ~e !.l. s n sen Williams -...weber ~"!.!!n ..liwe.r_S:::::::__ Cla..l_ton Mann _!!~or Ta y_lor • I . . • ( • • • ROLL CALL Med S ndd ov eco e A "Ye Na IY Ab sta n Ab t sen Williams ~ WPbPr ,__- ~1tll v-- HarDer f.!.-' v-- Clayton v- Mann v- Mayor Tay_lor v I . . • I • • • ROLL CALL "' ed s ov econded Ave Nay Absta fn Absent Will tams w-;t;"r 5mffn HarnPr ..;.:.-- Clavton Mann Mayor Tay_lcr U .-~a.., "'-~t, (I> 1 a_ cu._ y -u .JP~<J ~ 0~fLUc;tc/)1 {) ~~ /1-R 'l 'YU\H-~d ' (j.i-JI. {/) /1 IJ -r Un Qj:ULJ ~/fU!z) /~G u I . . I • - • • _,.J (i'J I 4 -I I jl (J ' I . • • • I • • • CORRECTION THE PRECED!fi!G DOCUMENT OR BLANK FRAME HA S EEE:V REMICROF!LME!J TO ASSURE LEG!E/LJTY AND ITS IMAGE AFF:ARS IMMEIJ/A TEL Y HEREAFTER. • I . . I • • • Hoved Seconded Aye Na,y sta n sent Will fams Ab Ab ~ _lilf!bf'r ~ ~ 2!!!.!..!_11 .......... !.---J:flrDer ~ v- Cla.yton ,__. Mann _._ ...b::::::_ ~~or _!ay_l_c r 1--'· /(~ I . . • • - • I • • • ROLL CALL Moved Sec' d d vn e Aye Nav Abstain Willii'lr.S w .. h.;,:: v !l~ttil v--. Ham;;:-t.--= v--~ Clavton 1-.-- Mann /..,./" r-fayor T~]:1 r v-- G~ ac .'(f , ... ...az;•s;;;'- ~~ ~/1 Cn1 ~ &,oj~:lfo r (Ju,Lcj • --- Abs@nt (....- 1----' I . l • • • ROLL CALL Moved Seconded Ave Nav Abstain Absent -Wi111~rr.s --lol .. l ... •r I ~m1tn Harof!r ~ /,.,/ Clavton Mann "layer fay] !'l r 0 . 1 ~~J -u-Ju~, i -cv ('J"l L ~ ~tA.£Yi by (j 1 ~ ~ (YUJ ~;&_ I . • { • - • • RO LL CALL "'ed s dd OY econ e ~e ~ sta n sent Wfllil'rr.s A N Ab Ab t--..weber I---L-~"!!.!_n ~ ...llA.t:l2.er _y-L-- ClaLton /_..-.__. Mann .J::::: ~or T~l ~r v-- ~ Cb~ c:}-~~~ ~ ~r<-{)/L I . • • • • f • • • ROLL CALL M ed S d d ov econ e "Ye ay s .a n sen Wi1 1i~rr:s . ~1 ~ ...Iieber t..-J..---smttn ......-- A N Ab t 1 Ab t J::!ID:.De r ..<::±---v-~ C 1 i!}'ton ..!:::::_ Mann v-~a y or Ta y]_0r v-- I . . • • 7b • • I Moved Seconded ~ ~ • • • RO LL CALL Willi~ A ~e N ~ -~ 2_m_!!_n _Hilm~ _:±-- Cl~ton Mann _Mayor Ta,y_~~!:_L C4YU l(t00G Y h Ab f sta n A bsent ~ CAYCI1 ~;(]~~~ ~1-~ ;, 0 I'L~ u A ~ .J e/nlf.~ . 1l t ctu. 'l, .,._ r l-~..ca_ J t'l. 0 , <J ~l{'>-) • I . • - I • • • ROLL CALL Moved Second d e ~e Nay Willi~. Abstain Absent w ......... :>mlt n liRoer ..!.--- <&JE' Clayton Mann Ma yor Ta yl~r · 'j-na ')'l/}0 ~!~ na4/V ~ LZz_j} (Ji_u_ d ;<1--o ~ ~~ u Y\ ~~lcJ__; c(f)«WzA - c A '-()J{J/{/_t t u J.. (?~~ ~ --r rJ!L £.-(!~__~ (f {1 y ---· --5~ • u' cC{<.. t l t.l r ~0_!<-~ ~fu') 0.'} OyfrfL~, ;1...;1 ~ t"1c.; ~ (!_;! '1L~ • • I . . - - I- • • • f • • • RO LL CALL Moved s d econ ed Wil li~ j A.}Le Nav Abstain Absent WAh<>~ ., sm n Harn~>r <I-- Clavton Mann lT.ayor Tay_l::r j (J:U1n 1 ~ PS .~">q=#:Jc rJc ,o •=«- -!--au 0--<J ) -~ -~u. 0) M tJ -rJ /0/&() - hU~ ~~ U ~ du./n~ u.FL t::lu/)1 a />}~,/., I S /o ~ ~ ;t~>"JQ 7 Siv ~ 6o /1-£' r _j (_ L t tv a UUJJ • I . • • I • • • RO LL CAL L Moved S d d A N A econ e Wi1 1im---r av bsta1n Absent WPhPr -., v ~mltn Haroer lf- Clavton v Mann Ma yor Tayl!ir ... (f) d j7 -:/f:6-J ~ OJ aV r~ FA C/~AS} 110,~~ F c «-.-/ ..___ ~~ ~~ _/ ·~~ /ll:!;f ~~ ·~ ~~ /9 ~ z~ ~~ l{_~~(SC:_ ~ ~ K ~ / ~S7o r ~tt F 1/4 -=lf:(o £J S u G jJ o-1!-L (.1L; o- ~~ C/ cL._( rJ.-t .. ~~---~OU {qj , ~ ~<0~ ,-C~tf ~ .~ .~ u /-(c:r • I . • - • • • I • • • ROLL CALL Moved Seconded A ~e av Abstafn Absent Wi11il'rr.s N WPbP_r I !lmttn -H.rroer Clayton Mann Mayor Ta .y_l_?r ~(});vu,~~ tPs1 ~ :J if 10 s ~(f /1// ;() ~ oc.:to "f ~ .1-~u bu ''()' ~Jr t ~_./ -~ >ft u iZ-J~(!-< -~ (_;/~ 0_ 14 . II I( • I . I • - • • ROLL CALL "' ed s d d OY econ e ~ye ay sta n sen Willim-v-_Weber L--_TL7' Smftn r;;r-~ ___HArDer ~ ~ Clayton v-~ Mann I/" _!1ayorTaV'i :1 r v-- A N Ab Ab t I . • • { • - • • RO LL CALL Hed S dd ov econ e Ave Nav Abstain Absent Wil li i!ll1 S I -v WPhPr v-- &.---:>m1t n L./ v Haroer q_:-v-- Clayton v Mann v !"~or Ta y_l_.?r 1 i/ I . . • • ( • - • • RO LL CALL Moved Seconded Wi 1Tfi>iiis----~e Ni!l'_ Abstain Absent A W!>hP.r ;)mltn ...Haroer - Clayton Mann _!layer Ta y]_~u_ I . • • • I • • • ROLL CALL M d S d d ove ec:~n e ~e ~ s a n sen Wi 11 i~rr.s A N Ab t 1 Ab t ..!::::::.. ~ L,..----2.m .. !!.n .1:::: t---~er ~ ~ 1---Clcll'.ton v-Mann ~ .!!.~,l~g r Tay_l_~ r v- ---------- ~~ Yl.-r2en ~ /ZW -n .Z g-,/?')L4l'V b-0 1--c-~ -y:;u_ J ~ ~'!.a' i'l u. /QA..-L~ c_;l;_ b._ 6 ~ /)~ • I . I • • • RO LL CAL L "' ed s d d A N ov econ e ~e i!Y s a n e Wil 1i~rr.s .J v-JLebe.r.. 1.---~l!l_l_tn ~ ..H.A.rQ.er .& v-- t,....--'" Cl~ton ....=::::: l -Mann v ~a y or-laVt :1 r 1./' Ab t 1 Abs nt ~ ;(;r~ L,.(_-~) ~'-.-/ 0./Y'¥~. I . . • • I • • • ROLL CALL M ed S d d A ov ec~n e ~e t!l_ sta n sent Wi f 1 i i'ms £.-. N Ab Ab ~ (...--~i'l ~ ~ JiAD2.e..r £ ~ Clt!l_ton v-~ Mann l,.../ _1'1ayor Tay_l~r v-- I . . • • { • - • • ROLL CALL Moved s ........ econded w1 11 1m--::r~e Nav 1-- Abstain 1--v' l:l .. h :;: -I I Absent Sm1tn l.: v 1 ~ Haroo>r --a:;-~ v -v Clayton ~ Mann ~ Y.ayorTaVJ :~r '-t:-~---J "I I • I . • • • { • • • ROLL CALL M eel S d d A ov econ e ~e Nitl' bsta n sent w f l1 i-;;ms-~ J.l!'bPr v-. J..--"' Smff.h ;,--- _Haroer ~ ~ Clayton 1--_I/'" Mann 1.-- A Ab ~ayor Ta.y]_~r ~ I . • • I • • - ROLL CALL Moved Seconded Willi ~rr.s A}fe Nav Abstain Absent I lol~'!r ' -sm1 n -Har oer Clavton Mann 1-fay~-~r ljy v ~ Vm ~ C__ m 0 u, f-#-L'>U/j)v_,c(_ \( ro Jhc ~ cf G) <_~(r·~ uJ-Ge.fl Cn"Li;z 'L(_) ----- ')/) {!_A'}?. ,(-._ I . • • I • - • .. • ROLL CALL Moved s d T econ E'd -~e T Wi 11 i?rr.s Nay Abstain Absent J. lolohor ' --sman --Harn<>r Cl avton Mann Y.ay or TayJ :1 r · ' !:A ~zl ~ !U-if 1-/£1 J Lf --t . 1 rf<J>Li (f C.iu.<lth /3 tfu" c -w 2~ ( ?J -I~ ----}Jzoa ,,u..· 1 1 <U, 50 ;;o 0 cJtZoiu ~ ('/) f < {u>i {* /-( 'f 0.0 o-. I /!?d'ua 4J UN-a :C f "''> Cnt o-~ '-it-u/0o -c tfL .J cr ~L .~~ ~ . I . • • ( • I SPECIAL MEETING: • • .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 31, 1978 l 4 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on August 31, 1978, at 6:00 p.m . Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman David Clayton. The Pledge of Allegiance was led by Mayor James L. Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the following 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 Dir ector of Finance/ex officio City Clerk James * * * * * * Mayor Taylor stated the purpose of the special meeting was to consider the findings of the Board of Career Service Commis- sioners on impasse between the Englewood Employees Association and the City of Englewood. * * * * * * COUNCILMAN SMITH MOVED TO REJECT THE OFFER FROM THE EMPLOYEES ASSOCIATION AS SUBMITTED THIS AFTERNOON AT 3 :15P.M . Councilman Weber seconded the motion. Councilman Smith stated the offer conta i ned items that were not contained in the Career Servic e Board hearing including some paragraphs that we re not discussed at all. Upon a call o f the roll, th e vo te r es u lted as follows: I • • - { August 31, 1978 Page 2 Ayes: Nays: • • • Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor . None . The Mayor declared the motion carried . * * * * * * COUNCILMAN CLAYTON MOVED THAT THE MEETING BE RECESSED UNTIL IT IS CALLED BACK TO ORDER BY THE MAYOR. Councilman Harper seconded the motion. Councilman Mann requested the City Attorney to comment on the length of time Council had to make a decision. City Attorney B rardini stated the employee group and Council had 30 days in which to either reject or accept the recom- mendation of the Board. City Attorney Berardini stated he had computed the deadline to be September 2, 1978 at midnight. Councilman Smith spoke against the motion. Councilman Mann stated he preferred to adjourn this meeting and set a special meeting on September 1, 1978 in order to have time to further study the issues . Councilman Harper agreed with Councilman Mann. Councilman Clayton withdrew his motion. Councilman Harper withdrew h is second to the motion. * * * * * * COUNCILMAN SMITH MOVED THE MEMORANDUM OF UNDERSTANDING SUBMITTED TO COUNCIL BY THE ADMINISTRATION BE SET UP FOR A STUDY SESSION SEPTEMBER 1, 1978 AT A TIME TO BE DETERMINED BY COUNCIL OR IN THE CASE OF AN EMERGENCY BY THE MAYOR TO DISCUSS THAT MEMO- RANDUM OF UNDERSTANDING AND A 3.5% SALARY INCREASE. Councilman Mann s e conded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays : Non The Mayor declared the motion carried . * * * * * * I • • • August 3 1 , 1978 Page 3 • • • Mayor Taylor set 6 :00 p.m. and 7 :30 p.m. as the times for the study session and the Special Council Meeting to convene respectively. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried and adjourned the special meet ing at 6 :1 7p.m. City Clerk officio • I • • ....... ( • { SPECIAL ME ETI NG: • • .. .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September l, 1978 1 B Th e Ci ty Counci l o f t h e City of Englewood , Arapahoe County , Co l or ado, met in sp ecial session on September l, 1978 at 7 :30 p.m. Mayor Taylo r , pr esid ing, c alled the meeting to order . The invocation was given by Councilman Donald Smith . Th e P ledge of Allegiance was led by Co unc ilman Donald Weber . Mayor Taylor asked f o r roll c all. Upon a call of the roll, the following were presen t : Council Members Williams, Web e r, Smith, Harper, Clayton, Mann, Taylor . Ab sent: None . Th e Mayor declared a quorum present . * * * * * * Also present were : City Manager McCown Ass i stant City Manager Curnes City Attorney Berardini Director of Finance/ex o f ficio City Clerk James * * * * * * Mayor Taylor stated the purpose of the meeting was to consider the findings of the Board of Ca re er Service Comis - sioners on impasse between the Englewood Employees Association and the City of Englewood. * * * * * * COUNCILMAN HARPER MOVED THAT THE CITY COUNCIL ACCEPT THE RECOMMENDATION OF THE CAREER SERVICE BOARD. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith , Harper, Clayton, Mann, Taylor. I • • - • I September l, 1978 Page 2 Nays: r' None. • • • The Mayor declared the motion carried . * * * * * * COUNCILMAN SMITH MOVED TO ADJOURN THE SPECIAL MEET ING OF THE CITY COUNCIL. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as f ollows: Ayes: Na ys: Council Members Williams, Weber, Sm i th, Harper, Clayton, Mann, Taylor . None . The Mayor declared the motion carried and adjourned t h e special meeting at 7 :33 p .m. City Clerk I . ( • ( REGULAR MEETING : • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 5, 1978 l c 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 #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 pres e nt were: City Manager McCown Assistant City Manage r Curnes City Attorney Berardini Dep uty City Clerk Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETI NG 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 second ed the motion. Upon a call • I • - • I September 5, 1978 Page 2 • • • of the roll, the vote resulted as follows: Ayes: Nays : Cou nc il Member Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None . The Mayor declared th e motion carried. Pre-sch ed ul ed visito r Karl Kerzic, sponsor f or Hous e of Upholstery, accepted the resolution and a plaque fro m th e City presented by Mayor Taylor. Mayor Taylor presented framed reso lu- tions to the team members. Mr. Kerzic thanked Council for the recognition. Deputy Cit y Cl erk Johannisson said he would insure that corrections to names on the resolution would be mad e . *'k**** 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 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 ro11, the vote resulted as follows: 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 $650,000. He stated that the staff recommendation was to put the funds into the Public Improveme nt Fund and use one half fo r 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 recomm endation 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 Dir ctor of Finance concerning annexation of property in the vicinity of Belle Isle Gardens. I • - I • • - September 5, 1978 Page 4 • COUNCILMAN MANN MOVED TO REFER THE ANNEXATION PETITION OF PROPERTY IN THE BELLE ISLE GARDE NS TO THE COMMUNITY DEVELOPMENT DEPARTMENT. Councilman Weber seconded the motion. Upo n a c al l of the roll, the vote resulted as follows: Ay es: Nays: Council Members Smith, Harper , Clayton, Mann, Williams, Web er, Taylor . Non e . The Mayor declared th e motion carried . * * * * * * City Manager McCown presented a memorandum from the Director of Community Development conc ernin g the at tendance of the Housing Dir ector at the 1978 NAHRO National Conferenc e . COUNCILMAN WEBER MOVED TO APPROVE THE OUT-OF-STATE TRIP OF RICHARD LOVE, HOUSING DIRECTOR, TO THE 1 978 NAHRO NA- TIONAL CONFERENCE IN SEATTLE, IF THE HOUSING AUTHORITY APPROVES. Co uncilman 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, Tay lor . None . Th e 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 second ed the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Weber, Taylor. • 0 I • • I • • ,. .. September 5, 1978 Page 6 Nays : Non e . The Mayo r de clare d the mo tion carried. * * * * * * INTR ODU CE D 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 LOCAT ED WITHIN THE CITY OF GREENWOOD VILLAGE , COLORADO. COU NCI LMAN SMITH MOVED TO PASS ORDINANCE NO. 21, SERIES OF 1 97 8 ON FIN AL READI NG. Coun ci l ma n Clayt on seconded the mot i on. Upon a call of the roll, t h e vote resulted as follows: Co u n cil Memb ers Smith, Har per , Clay ton, Mann, Williams, Weber, Ta ylor . • Ayes: Nays: None . The Mayor declar e d the motion ca r ried . * * * * * * INTR OD UCED AS A BIL L BY CO UNC ILMA N CLAYTO N A BILL FOR AN ORDINANCE APPROVING AN AGR EEMENT FOR LIBRARY SERVICES BETWEEN THE ARAPAHOE REGIONAL LIBRARY DI ST RI CT AND THE CI TY 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 (1) and (2). Councilman Williams stated that 1978 should read 1979. Upon a call of th roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried . * * * * * * • • 0 I • • - ( ( ( 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 MUNICIPALlAI TlES"; 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 addres s . He s ated that State law required that a public hearing b e held to adopt the Model Traffic Code. While the City's Charter does not have the same requisite, Mr. Berardini recommended that a publ ic hearing be held. The areas which Council may wish to address are: 1) U-Turn•; 2) Porking meter•; 3) Licen•ing of bicycle• deoler• and bicycle own e rs. Mr. Berardini said the City currently has a conflicting ordinance relating t o U-Turns and that the City Code does not address the other two topics . COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANC E 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 motori•t· Difference• i n th i• type of low from one community to onother confu•e motori•t• ond i• unfair. Council ,hould odopt the Cod e as written. Councilman Harper stated that the public h earing would provide a forum to hear objections . Councilman Mann withdrew his amendment and Co uncilman Clayton withdr ew his second to the amendm nt. Councilman Smith stated that a public hearing was needed to insure that the City would not b com involved in ne edless litigotion becau•e the City failed to ob,erve Stote requirement• for a public hearing. Several counc ilmen expr essed concern about l i censing bicycle dealers and bicycl owners. • 0 0 I • • • 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, 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 APPROV E A PROCLAMATI 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 between the City of Englewood, City of Littleton and the United States Tr asury relating to the Bi-City Sewer Plant. COUNCILMAN 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. City Manager explained th agreement and the City's relationship wi th the U.S. and HDR, th contractor • • I • • - ( ( • I September 5 , 1 978 Page 9 • • • Mayo r Taylor stated tha t in h i s 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 j ect being completed under the a4spices of the U.S . governme nt. The cities are a vic tim of bureaucratic unfairn ess . 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 d ec lared the motion c arried . * * * * * * COUNCILMAN SMITH MOVED TO WRITE A LE TTER TO THE EPA EXPRESSING THE CITY COUNCIL'S DISPLEAS URE WITH THE SETTLEMENT DECISION. Councilman Mann seconded the motion . Upon a call of the roll, th e vote r esulted as follows: Ayes : Nays : Council Memb ers Smith, Harper, Clayton, Mann, Williams , Weber, Tay lor. 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, 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 • I • • • 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 RESP ON SE 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 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. The Mayor declared the motion carried . * * * * * * I • < • I September 5, 1978 Page ll • • - Councilman Mann presented a resolu t ion 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 second e d 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 decl a red the motion carri ed . * * * * * * Councilman Williams stated he has received a letter and petiion from homeowner s in the Duncan Park area requesting that the San-0-Lets be r emoved from the park immediately . Councilman Web er stated this was to be a temp orary solu- tion with permanent facilities to be built in the near fut ure. Lou Lorett, 4871 South Pennsylvania , appea red before Council and express e d her concern for the many problems being caused by the presence of the San-0-Lets. She sta ted 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 s at d hat 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 s cond. 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 . 0 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 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 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 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 resulted as follows: Ayes : Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor • • I • - • • 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 • • • I • • - INTRODUCED AS A BILL BY COUNCIIJ1AN Mann BY AUTHORITY ORDINANCE NO. d a , SERIES OF 1978. AN ORDINANCE AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AND 22.8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 22.4-13 b. (1) of the Comprehensive Zoning Ordinance (Ordinance No. 26, Series 1963 , as am ended) is hereby amended to read as follows: 22.4-13 I-1 Light Industrial District b. Permitted Principle Uses: Section 2. (1) Manufacturing, processing and/or fabrication: Insert in alphabetical order after, Metals ingots, pigs, sheets, or bars, manufacture : the following: "METAL SHREDDING, AUTO SHREDDING AND SIMILAR OPERATIONS" That Section 22.4-14 b. (2) of said Comprehensive Zoning Ordinance is hereby amended to read as follows: 22.4-14 I-2 General Industrial District b. Permitted Principle Uses: (2) Manufacturing, processing, and/or fabrication: • I • • • { Section 3. • • • The Manufacturing, processing, and/or fabrication of any commodity, except the basic manufacture and processing of animal by-products or any organic type fertilizer: AND ANY METAL SHREDDING OR AUTO SHREDDING OPERATION, OR SIMILAR USB. That Section 22.8 of said Comprehensive Zoning Ordinance is hereby amended by adding a new definition thereto as follows: 22.8 DEFINITIONS All words used in this Ordinance, except where specifically defined herein, shall carry their customary meanings when not inconsistent with the context. Words used in the present tense include the future tense; words used in the future tense include the present tense; and the plural includes the singular; the word "building" includes the word "structure", the word "shall" is mandatory; the word "may" is permissive; "occupied" or "uses" shall be considered as though followed by the words, "or intended, arranged, or de-signed to be used or occupied". METAL SHREDDER, AUTO SHREDDER, AND SIMILAR SHREDDING OPERATIONS. THE PROCESS INVOLVING THE DESTRUCTION, DISINTE- GRATION, OR TRANSFORMATION INTO RAW MATERIALS OF PREVIOUSLY MANUFACTURED METAL PRODUCTS OR METAL ITEMS WHICH HAVE BECOME WORN OUT, INOPERABLE AND USELESS SCRAP GOODS. SUCH SIMILAR OPERATIONS SHALL BE THOSE THAT CREATE A PHYSICAL HAZARD TO PERSONS BY THE EMISSION OF EXCESSIVE SOUND, VIBRATION, HEAT, GLARE, DUST AND FUMES OF A DEGREE AND TYPE NORMALLY ASSOCIATED WITH AUTO SHREDDER OR SCRAP METAL SHREDDER OPERATIONS. 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. -2- • I • I • • • Read by title and passed on final reading on the ~~~ day of Se..nfe.mbe.v-, 1978. v Published by title as Ordinance No. ~~ , Series of 1978, on the dO U.. 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 f i nal reading and published by tit l e , as Ordinance No. .;! ~ , Seri es of 1978. ex officio City Clerk-Treasurer -3-I • • ( • { • • • INTRODUCED AS A BILL BY C0UNCIU1AN Mann BY AUTHORITY ORDINANCE NO. ~~~~---' SERIES OF 1978. AN ORDINAN CE AMENDING SECTIONS 2 2 .4-13 b. (1), 22.4-14 b. (2) AND 22.8 PROHIBITING META L AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. NOW, THEREF ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO D , COLORADO, as f ollows: Section 1. That Sec t i ons 22.4-13 b. (1) of the Comprehensive Zoning Ordinance (Ord i nan c e No. 26, Series 1963, as am e nded) is hereby amended to r e ad as follows: 22.4-13 I-1 Light Industrial Di strict Section 2. b. Permitted Principle Uses: (1) Manufacturing, processing and /or fabrication: Insert in alphabetical order af ter, Metals ingots, pigs, shee ts, or bar s , ma n u fa c ture ; t he f ollowi ng : "METAL SHREDD I NG, AUTO SHR EDD I NG AN D SIMILAR OPERATIONS" That Section 22 .4-14 b. (2) of said Comprehensive Zoning Ordinance is hereby amended to read as follows: 22.4-14 I-2 General Industrial District b. Permitted Principle Uses: (2) Manufacturing, processing, and/or fabrication : • I • • - • I • • .. - The Manufacturing, processing, and/or fabrication of any commodity, except the basic manufacture and processing of animal by-products or any organic type fertili z er: AND ANY METAL SHREDDING OR AUTO SHREDDING OPERATION, OR SIMILAR US£. Section 3. That Section 22.8 of said Comprehensive Zoning Ordinance is hereby amended by adding a new definition thereto as follows: 22.8 DEFINITIONS All words used in this Ordinance, except where specifically defined herein, shall carry their customary meanings when not inconsistent with the context. Words used in the present tense include the future tense; words used in the future tense include the present tense; and the plural includes the singular; the word "building" includes the word "structure", the word "shall" is mandatory; the word "may" is permissive; "occupied" or "uses" shall be considered as though followed by the words, "or intended, arranged, or de- signed to be used or occupied". METAL SHREDDER. AUTO SHREDDER, AND SIMILAR SHREDDING OPERATIONS. THE PROCESS INVOLVING THE DESTRUCTION, DISINTE- GRATION, OR TRANSFORMATION INTO RAW MATERIALS OF PREVIOUSLY MANUFACTURED METAL PRODUCTS OR METAL ITEMS WHICH HAVE BECOME WORN OUT, INOPERABLE AND USELESS SCRAP GOODS. SUCH SIMILAR OPERATIONS SHALL BE THOSE THAT CREATE A PHYSICAL HAZARD TO PERSONS BY THE EMISSION OF EXCESSIVE SOUND, VIBRATION, HEAT, GLARE, DUST AND FUMES OF A DEGREE AND TYPE NORMALLY ASSOCIATED WITH AUTO SHREDDER OR SCRAP METAL SHREDDER OPERATIONS. 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. -2- • I • • • I • • • 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 off~cio 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 offic~o City Clerk-Tre~surer -3- • I • I • • .. • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION July 18, 1978 54 Members of the Planning and Zoning Commission met at 5:00 P.M. for a dinner meeting with Mr. Lowell Palmquist and Mr. John Oswald of Swedish Medical Center. Members present: Smith, Draper, Parker, Lathrop, Owens, McClintock, Tanguma Wanush, Ex-officio Members absent: Pierson, Williams Also present: Assistant Director D. A. Romans Mr. Owens welcomed Mr. Palmquist and Mr. Oswald to the meeting, and noted that the Commission has been anxious for a second meeting with the representatives of Swedish Medical Center to pursue discussion of plans for the medical campus and to in- vestigate ways in which the Commission might aid the Medical Center. Mr. Palmquist stated that the officials of the Medical Center realize that the erosion of the single-family dwelling units is of major concern to the City administration and Commission members. Mr. Palmquist discussed the efforts that the Medical Center has made to provide sufficient parking for the employees and visitors to the hospital. Mr. Palmquist noted that the relocation of the bus route to East Hampden Avenue would not be of aid in solving the parking shortage; the hours the buses run do not coincide with the hours the employees of the Medical Center work. Mr. Palmquist noted that the parking problem around the Medical Center is compounded by the fact that there is an overlapping of the shifts --one shift must come on duty before another shift is relieved . Parking must be provided for visitors, out-patient and emergency services, in addition to the parking for the 1300 employees of the Medical Center, and the 400 persons on the med ical staff . Mr. Palmquist pointed out that attempts have been made to landscape the parking lots to soften effects on residential uses within the same block. Mr . Palmqu ist discussed possible ways to expand parking faciliti'es and the financing of this expansion. Mr . Owens stated that his personal concern was not so much with the number of single-family residences that have been removed, but rather that the land that is used for parking lots could be developed for a higher and better use. Mr . Owens suggested that possibly the Commission and City could help in the construction of a parking structure and effect a trade of the parking structure for some of the surface parking , • I • I • • • -2- Mr . Draper asked if Craig Rehabilitation Hospital had plans for expansion? Mr. Palmquist stated that they do have plans for expa ns ion, but it would not impact the area to any great extent . They are not talking about more bed space, but more inter-campus expansion . Mr. Palmquist pointed out that the out-patient phase of the Craig operation increases every year. They are proposing a connection between the Craig facility and the Mayflower facility in the Swedish complex . Pointing out another parking related problem, Mr . Palmquist stated that there must be a parking area reserved for those individuals on the three P .M. shift and on the 11 P.M. shift because they do not want the female employees on these shifts to have to walk a long distance at night. For this reason, they try to reserve some of the close-in parking lots for these employees. Mr. Draper asked why the southeast corner of the Swedish /Craig complex was to be undeveloped? Mr. Palmquis t stated that this is an effort to preserve open space. He pointed out that the Craig Rehabilitation Hospital officials were attracted to the site because of its "openness", and their patients and families do make use of this open area, as do the employees of both hospitals . Mr. Smith stated that he felt greenery is needed to aid in cleaning the air. Mr. Smith noted that the ramping of curbs along Hampden to Cinderella City i n an effort to facilitate travel by wheelchair patients was discussed at the City Council meeting. Mr. Smith stated that he is concerned about putting the bus route on East Hampden Avenue; he noted that parking cannot be eliminated on the south side of the street because of the businesses there . Mr. Smith stated that he felt the bus route should remain on East Girard Avenue . Mr. Palmquist and Mr . Oswald discussed the proposed retirement center which would be constructed east of South Emerson Street. Mr. Oswald stated that discussions have been held with the Corona Association, which is made up of retired professors from D.U. who are interested in the retirement center . The concept under consideration is a total, creative living life- style, desig n e d to keep the retirees actively involved in some- thing that they have done during their lifetime, such as teaching or some similar activity. Mr . Oswald stated that 120 or 130 uni ts would be designated to accommodate the middle to upper income retirees, and emphasized that this proposal is in t he planning stages. Mr. Oswald stated that one of the matters that must be resolved is the most cost-effective way to develop this retirement center . Mr . Oswald pointed out that the matter of parking mu st be considered in conjunction with this proposal, also . He stated that the underground and parking structure cost elements must be considered vs. tha t o f surface parking • • ) I • • • - -3- Mr. Owens asked that Mrs, Romans review the projected land use map as proposed by the Comprehensive Plan Review Committees. Mrs. Romans reviewed a proposed zoning and land use map, and noted that the area from U.S. 285 to Hampden has been proposal for a mixed-use medically-oriented development. Mrs. Romans stated that medical-support uses could be developed in this area that might include such things as restaurants, motels to accommodate families of out-of-town patients, and more medically oriented support systems such as Wheelchairs, Inc., and the van conversion business further east , Mrs , Romans emphasized that this does not mean the residential uses that are in this area now cannot stay, but uses compatible with the medical complex would be encouraged, The area to the north of Swedish Medical Center has been designated by the Review Committee as R-1 Redevelopable; this would mean that this area is in need of redevelopment, but it should be redeveloped to maintain the single-family character of this neighborhood. Mr. Palmquist asked what this would do to the multi-family units that are north along Girard Avenue? Mrs. Romans stated that the com- mittee that made this recommendation did not forsee further extension of the multi-family use in this area, and would not encourage further multi-family development. The existing multi- family uses would remain. Mrs. Romans pointed out that the Re- view committees came up with three mixed-use districts : Medical, Limited, and Unlimited. Mr. Palmquist asked if a use was not medically-oriented whether it would be allowed in the Mixed-Use-Medical District? Mrs. Romans stated that the District will not be an "exclusive" district, but emphasis would be placed on medical type facilities. Mrs. Romans noted that the Commercial Review Committee urged that the City become involved in a "search" committee, and go out and look for uses that would be compatible to existing facilities such as Swedish Medical Center. Discussion ensued. Mrs. Romans stated that one o f the very strong recommendations that came out of this Review Committee was that there should be ramps on every intersection around the medical campus. Mr. Lathrop stated that his personal opinion is that the lack of ramps at intersections is one of the most "asinine" things he knows of, adding that the ramping of the intersections should have been done a long time ago . Mr. Lathrop suggested that uses such as Dennys, Sambos, and Skaggs Dru g Store should be considered for the Mixed Use-Medical District. He stated that he knew for a fact that Skaggs would be willing to locate in Englewood, because he has talked to the officials in Salt Lake City. Discussion ensued , Mr. Palmquist noted that a use such as a drug store would be very good; he stated that under the new FDA regulations, the hospital cannot fill prescriptions for the general public ; they can give a person who is discharged from the hospital enough medication to last until the pre- scription can be filled at a drug store, but no more • • I • • • - -4- Further discussion ensued on the matter of parking and the proposed retirement center. Mr. Palmquist stated that the person over 65 must have something to do, and he felt there were areas along Hampden Avenue in the commercial area that could be developed and operated by those members of the re- tirement center . Mr . Draper stated that he felt the City should go on record as recognizing the many advantages and benefits Swedish Medical Center offers the City of Englewood . He felt there should be some guideline for cooperative planning between the City and the Medical Center; he noted that there were many mutual problems, and it would be good to have the City Council aware of these problems and the attempts to reach a solution to those problems. Mr. Owens agreed that the Medical Center is not recognized as the great asset that it is. He stated that the Planning Com- mission is here to help the Medical Center in any way that is possible. Mr. Smith pointed out that matters need to be brought to the attention of the City Council to be accomplished. He pointed out the fact that the ramping of curbs at intersections was just brought to the City Council's attention at the meeting of July 17th. Mr. Owens stated that he felt it was time the Planning Com- mission had a joint mee ting with the City Council. Mr. Lathrop agreed, and stated that the Commission "should present Council with a hands-o ff the bus route on Hampden; it should be left as it is on Girard." Mr. Wanush pointed out that the change in the bus route was a result of the Transportation Committee recommendations; he pointed out that this Committee was chaired by Mr. Lathrop. He stated that he does not disagree with the feeling that the bus route should remain on Girard, but emphasized that this proposed route change was a result of the Transportation Com- mittee recommendations. He stated that he understood the Transportation Committee had contacted RTD for a special meeting, and that the recommended routing change was a result of that meeting , Discussion ensued, Mr . Palmquist suggested that this matter be checked into. He further suggested that perhaps in the early Fall, another mee t ing could be held with the Commission, Council and members of the Board of Directors of the Medical Center. Mr. Owens stated that these meetings are of assistance to the Commission and t hat they would like to be of help wherever possible, Financing of parking structures was discussed. Mr. Palmquist stated that he has met with Finance Director Bill James on this matter , He further stated that several financing methods have been explored, among them the possible formation of a parking district . Mr. Palmquist noted that the certification is very important in obtaining the financing and discussed the procedure to obtain the certification, • I • • ( • • • .. -5- Further discussion ensued. Mr. Owens expressed the appreciation of the Commission for this meeting with Mr . Palmquist and Mr. Oswald, and promised to pursue a further meeting with the Board of Directors . * * * * * I. CALL TO ORDER. The meeting was formally called to order by Chairman Owens at 7:35 P.M. Members present: Owens, Parker, Smith, Tanguma, Draper, Lathrop, McClintock Wanush, Ex-officio Members absent : Pierson, Williams Also present: Assistant Director Romans II. APPROVAL OF MINUTES. Chairman Owens stated that the Minutes of July 5, 1978, were to be considered for approval. Tanguma moved: Lathrop seconded: The Minutes of July 5, 1978, be approved as written. AYES: Parker, Smith, Tanguma, Draper, Lathrop, McClintock, Owens NAYS: None ABSENT: Pierson, Williams The motion carried. III. SWEDISH MEDICAL CENTER The in f ormal discussion with Mr . Palmquist and Mr. Oswald from Swedish Me dical Center was discussed. Mr. Owens sug- g este d that perhaps it is time to try to arrange a meeting with Ci t y Council to review concerns that members of the Commission may have and to give the Council members an idea o f the things the Commission is working on . Mr. McClintock asked about the procedure to bring things be- fore City Council for their consideration. He pointed to the issue of curb ramps and asked what was the most effective way to get it before the Council and to get the project done. Mr. Smith stated that if projects are not included in the Public Improvement Fund and budgeted for, they must be brought to the • I • • • • - -6- attention of the City Council. He suggested that supportive information on cost, need, etc . should be presented to Council at the same time the request is made . Discussion ensued. McClintock moved : Draper seconded: The Planning Commission prepare a study on the cost, number of handicapped who could be expected to use the ramps, and other pertinent information for presentation to City Council on the matter of curb ramps along Hampden Avenue to the downtown area. Mr. Smith suggested that it might be presented to City Council by a member of the Commission, and not just forwarded in a written communication. Mr . Owens stated that he would be glad to make the presentation to City Council . He aske d if curbs could be ramped as part of the sidewalk district when the initial installation is made? Mr. Smith stated that he thought a few have been put in in this manner . Further discussion en- sued. The vote on Mr. McClintock's motion was called. AYES; Smith, Tanguma, Draper, Lathrop, McClintock, Owens, Parker NAYS; None ABSENT; Pierson, Williams The motion carried. Mr. Owens again brought up the possible meeting of Council and the Planning Commission. Mr. Wanush stated that he felt a meet ing with City Council on the Comprehensive Plan would be in order ; he hesitated to suggest a general or "catch all" meeting and questioned the effectiveness of a meeting that would cover a number of items. Mr. Lathrop stated that he would recommend to City Council that they recommend to RTD to give further consideration to leaving the bus route on Girard and not moving it to East Hampden Avenue . Mr. Owens stated that the staff is to check into this, and he felt such a recommendation is premature. Further discussion on the matter of parking around Swedish Medical Center ensued. Mr. Smith stated that a Public Improve- ment Bond would have no financial liability on the City, but would enable Swedish Medical Center to take advantage of a lower interest rate if they pursue this cours of financing. A parking district could also be formed that would encompass only those lands owned by Swedish Medical Center . Discussion ensued. • ) I • • ( • • .. -7- IV, DIRECTOR'S CHOICE. Mr. Wanush stated that the City Council passed an Ordinance on first reading to f orm a Downtown Development Authority, A special election will be held on September 19, 1978, and property owners or lessees will be eligible to vote, Mr . Wanush stated, in response to a question, that the south boundary is designated as West Ithaca Avenue. Mr. Wanush reminded Commission members o f a meeting with RTD scheduled for July 22nd, at 8:30A.M. in the City Hall; the meeting will focus on the proposed transit center, the general location and design. Mr. Smith stated that he would prefer to see the Transit Center situated on the north one-half o f the parking lot in an effort to avoid interference with pedestrian traffic that might use the south end of the block. Mr. Draper asked how many buses would be at the Transit Center at one time? Mr. Wanush stated that he felt this might be one item under discussion Saturday morning, but he would estimate that there could be six or eight at one time . Further discussion ensued. V. COMMISSION'S CHOICE. Mr. Owens stated that there are two Public Hearings scheduled for July 25, 1978, at 7:00P.M., on 1470 West Tufts Avenue. Mr. Owens stated that these Hearings are based on the suggestion made by the Commission that the property be considered for R-1-C, Single-family on the north one-half, and as I-1, Light Industrial, on the south one-half, Mr. Owens stated that there are at least four other properties that have petitioned for annexation, or are expected to petition for annexation ; he felt that it would be well for the Commission to discuss this so as to be consistent in their consideration of the zoning that will be asked for these properties. He reminded the Commission that the Garrett property was rezoned to 1-1, Light Industrial, with conditions, because of Mr. Garrett's testimony that he could not get financing for single-family construction. Mr. Owens pointed out that there has been no single-family development in this immediate area within the last 16 years. In discussing the four sites that may be the subject of annexa- tion petitions, Mrs. Romans pointed out that there have been two inquiries from property owners on the west side of South Mariposa Drive and both have expressed an interest in residential zoni ng and construction. The property owner at the southwest corner of West Tufts Avenue and South Windermere Street has indicated that he will ask for industrial zoning; he must come into the City to get water service. The Thurman property at 1485 West Tufts Avenue has been petitioned for annexation; and the petitioners have requested I-1, Light Industrial zoning. • 0 I • - • • • ,. - -8- Mr. McClintock stated th a t h e i s conc erned that the Commission may have made an impromptu decision on the zoning at 1470 West Tufts Avenue following the public hearing on July 5th . He questioned whether or not the Commission had been "swayed" by opponents at the meeting. He pointed out that the majority of persons who spoke against the industrial zoning were resi- dents of the County, and questioned whether the interests of the City of Englewood should not supercede those of the people in the County, who have in the past determined not to becom e part of the City. He pointed out that a "pocket" of residentia l use will be created and that in his opinion, only one of those homes on West Tufts Avenue would be "adequate " --possibly tw o . Mr . Smith pointed out that the requested industrial zone dis- trict would have been between two residential uses, and he could not approve of this. Mr. McClintock pointed out that Mr. Garrett has testified that he could not obtain financing for residential constructio n; he questioned that financing could be obtained for residential purposes on the Tu f ts frontage . He pointed out that additional industrial zoning has been requested for property that has petitioned for annexation, and h e is conce rned about the "poc ket" of residential use along Tufts Avenue. Mr . Tanguma stated that he felt t he Commission must consider the "human factor". The continuity of the residential develo p - ment along West Tufts Avenue would be broken if the industri& zoning on 1470 West Tufts were to be approved. Mr. Tanguma stated that he felt those l o ts on West Tufts Avenue in this "pocket" will eventually evolve into industrial zoning and redevelopment. Mr. Owens asked how this would happen if the industrial zoning is denied? Mr. Owens pointed out that the Comprehensive Plan projects industrial development in this general area . The staff makes reference to the Comprehensive Plan when inquiries are made on possible zoning and development of prop rty , He pointed out that this area is in transition, and that the industrial zoning must begin somewhere, but the Commission is not allowing any change, and in fact recommended that a residential classification be considered on this property, Mr . Smith pointed out the difference in size between Mr . Garrett's proper ty and Mr. Bovenzi's property; he reiterated that to impose industrial property between two residential uses was not proper, Mr . Wanu s h stated that the imposition of industrial zoning on Mr . Bovenzi's property would have been an extension of industrial zoning that is in existence in the City of Englewood, Mr , Tanguma stated that he would look favorably on zoning the property for industrial development if the entire area were to annex to the City at one time; he stated that he felt some of the residents ar looking toward industrial zoning in the future. • I • • • • -9- Mr. Owens pointed out that the staff recommends that the Bovenzi property would be the east line of the industrial zoning at this location. Mr. Owens stated that the owners of the Thurman property which abuts the Garrett property to the west, have petitioned for annexation and have asked for in- dustrial zoning. He asked of Mr. Smith if he, for instance, would consider moving into this particular area if he were to sell his home? Mr. Smith stated that he would not. He added that if he thought the residential properties would remain residential, he would consider relocating there because he doesn't feel the area is all bad; but ordinarily, he would not pick that area to relocate to. Mr. Owens pointed out that the area is impacted now with the industrial development on three sides, and cited train traffic that is in existence now, plus what is expected with the in- crease in the number of coal truins. Mr. Smith stated that he felt the City had a great deal of un- used industrial area that should be developed before more land is zoned for industrial development. He stated that he did not feel the industrial zoning would hurt property values, but it might hurt "living values ". Mr. Smith stated that he felt the criteria for zoning is clear, and that the site at 1470 West Tufts Avenue did not meet that criteria. Mr. Smith stated that the industrial classification would force residents to relocate. Mr. Owens stated that this is not true. The residential use could continue indefinitely if the industrial zoning were to be approved. Mr. Wanush stated that he felt the impact was at the maximum; that additional industrial zoning would not have that much effect on the residential uses. Mr. Smith stated that if an industrial property were imposed between two residential uses, it would impact those residential uses. Mr. McClintock stated that he questioned if a nice industrial facility might not be more attractive than what is on the site now. Mr. Smith stated that he felt this attitude would encourage property owners to let the property run down and use that as a reason for rezoning. Mr. McClintock pointed out that this is not an argument for rezoning, but also pointed out that this area is in transition. Mr. Owens stated that he felt the Commission should be consis- tent in their determinations for this area. He pointed out that there are public hearings scheduled for July 25th, and suggested that possibly a member of the Commission would want to bring this matter back for further consideration; the Com- mission could just move to have the matter brought before it for further consideration,and could move to postpone that further consideration until the date of the scheduled public hearings. Mr. Wanush pointed out that this procedure would keep the option of recommending I-1 for the entire parcel before the Commission • • I • • • • • .. -10- Mr. Owens agreed that this would keep the option open until such time as the Commission can make a determination. He emphasized that the Commission mu st make a recommendation on zoning the land. He stated that he felt the Commission mu st take into consideration the other property owners that are submitting petitions for annexation in order to be consistent. Does the Commission want this area to remain R-1? He pointed out that the Comprehensive Plan Review Committee that studied this area did recommend an industrial zoning and development for that entire area. Mr. Smith pointed out that the Commission considered the possibility of mixed use zoning, and the special permit system in c onsider ation of seeking better land use, and to protect adjacent and adjoining properties. He felt this was using the reverse of this principle: to zone this property to I-1 would be to the detriment of the adjoining and adjacent properties; he stated that the City does have a responsibility to those people who live in that area. He stated that he did not feel it was a mistake to deny the extension of t he 1-1 zoning between two residential uses. Mr. Tanguma stated that he would not change his mind, but would not be opposed to discussing the I-1 Zone District again , Mr. Owens pointed out that there was a meeting of the City Department Heads and these property owners; these people are against the idea of annexation to the City of Englewood . They state that they are getting police and fire protection from the City now, and why should they annex to the City? Mr. Lathrop stated that he would hate to see an extension of the I-1 zoning between two residences, but would not object to industrial zoning across the street at this point. Discussion ensued . The matter of placing restrictions on a zoning were discussed, and Mr. Draper commented that he felt there could be problems by trying to place restrictions on every zoning . Mr . Owens pointed out that he does not feel that the Commission should turn a property owner "loose and let him do whatever he wants''; he noted that in this instance, it was recommended that a Planned Development be filed which would still give control over the development . Mr. Owens stated that it is his feeling that if the 1-1 zoning is not approv d, there will be no positive change in the character of the area, and that in many regards this is bad. Mr. McClintock stated that a well-thought out Planned Develop- m nt could benefit the longevity of the residential properties to the west of Mr. Bovenzi's property. If th subject property remains in tho same condition it is now, he feared that the entire area would deteriorate. Mr. M~Clintock stated that h could foresee many such problems in the Mixed Use District, wherein a restaurant or some similar us may b imposed between ) I • ( • • • .. -11- two residential uses . Discussion ensued. Mr. McClintock stated that he may or may not change his mind on this matter, but he does feel that the I-1 Zone designation for the entire site should be further discussed. Parker moved: Tanguma seconded: That Case #8-78 be reopened for reconsidera- tion by the Planning Commission. AYES: Smith, Tanguma, Draper, Lathrop, McClintock, Owens, Parker NAYS: None ABSENT: Williams, Pierson The motion carried. Tanguma moved: McClintock seconded: That reconsideration of Case #8-78 be postponed until the Public Hearings are held which are scheduled for July 25, 1978. AYES: Tanguma, Draper, Lathrop, McClintock, Owens, Parker, Smith NAYS: None ABSENT: Williams, Pierson The motion carried. Discussion ensued. Mr. Owens stated that he felt it is essential that the Commission make a stand to encourage new and better quality development; the Commission must plan and then abide by that plan. The meeting adjourned at 8 :55 P . M. • I . - ( • • • • SIX-QUARTER BUDGET: The six-quarter budget process was adopted in the summer of 1973. The essence of the six-quarter budget is that the City has a continuing budget which extends one and one-half years into the future. Every quarter, the City Council reviews and analyzes this budget and if projects are delayed due to un- avoidable circumstances, they are dropped back in this budget while projects ready to go are moved forward. The most current revenue forecasts are used and, if additional funds become available, specific projects could be moved forward and com- pleted ahead of schedule or a new or emergency project could be added. The City Administration reviews all input from the various de- partments, boards, and commissions of the City and transmits a recommended six-quarter budget to the City Council. The Council reviews the document and offers amendments to bring it in line with its priorities. Under the six-quarter budget system, the review can be more comprehensive and result in a be~ter-developed plan for capital improvements in the City, Due to legal requirements, Englewood's annual budget includes the traditional capital budget. In actuality, the four quarters of the six-quarter budget which coincide with the fiscal year become the annual budget of the City. The annual budget is amended quarterly by resolution of the Council to bring it into agreement with the six-quarter budget. The six-quarter budget injects much-needed flexibility into municipal accounting. We feel that the citizens are enjoying capital improvement projects sooner at less cost than before. The quarterly review by the City Council and the resultant budgetary direction to the staff enable planning and design to progress smoothly , In essence, use of the six-quarter budget puts available funds to the best priority use. • I • • • • - CITY OF ENG LEWOOD PLANNING AND ZONING CO J!MISSION July 25, 1 978 I. CALL TO ORDER. 5 A The Special meet in g of the City Planning and Zoning Commission was called to order by Chairman La rry Ow e ns at 7 :00 P.M. Members presen t: Lath r op , Owens , Parker, Smith, Draper, Wanush, Ex-officio Members absent: McClintock, P ierson, Tanguma, Williams Also present: Assistant Director Romans II. 1470 WEST TUFTS AVENUE R-1-C, Single-famil y Residence. CASE #9-78 Mr. Owens stated that the p ur pose of the Public Hearing is to consider the R-1-C, Single-family Zone c l assif i cation f or the north on e -hal f of the property at 1470 We st Tufts Avenue . Draper moved: Smith seconded : The Publi c Hearing on Case #9-78 be opened . AYES: Draper , Lathrop, Owens, Parker, Smith NAYS: None ABSENT: McClintock, Pierson, Tanguma, Wil li a ms The motion carried. Mr. Owens a ked Ai r appear b f o re th ondy, leg al c ouns e l for Mr . Bovenzi, to Comm iss io n. Mr. Vondy sta d hat h Bove n zi, propert y own r at 1470 West Tu f ts Av e n ue, ha · b n ca lled to Ita l y b e cause of the serious illness o f h1 mo th r Mr . Vondy sta te d that in light of this, h e is r eq u e tin that the Publ1c Hea ring s on the z oning designa- tion of this prop rt y be continu d t o a la ter date . This would, hopefull y, allow h1s cl1ent sufficient time to return to the United S tates and be prese n t a t t h e proce ding s . Mr. Owens ask d if 1r . ondy would o bj ect to a postponement or continuation unt i l th e me etin g o f Sept e mber 6, 1978 ; he asked if this would be ad q u at e time? Mr . Vondy stat d that he sees no problem with th e S pt mb r 6 t h date . Mr. Owens asked if there was any mem b r of the audience opposed to continuing t he Public He aring until September 6th ? No member of the audience spoke in oppo s i t ion to th e continuation . • I • • • • ,. .. -2- Draper moved: Lathrop seconded: The Planning Commission continue the Public Hearing on Case #9-78 until September 6, 1978, at 7:00 P.M . AYES: Draper, Lathrop, Owens, Parker, Smith NAYS: None ABSENT: Williams, McClintock, Pierson, Tanguma The motion carried. III. 1470 WEST TUFTS AVENUE I-1, Light Industrial CASE #10-78 Mr . Owens stated that he felt the same procedure could be followed on this zoning designation . Smith moved: Lathrop seconded: The Public Hearing on Case #10-78 be openw. AYES: Draper, Lathrop, Owens, Parker, Smith NAYS: None ABSENT: Tanguma, Williams, McClintock, Pierson The motion carried. Smith moved: Lathrop seconded: Case #10-78 be continued until September 6, 1978, at 7:00 P .M. AYES: Smith, Draper, Lathrop, Owens, Parker NAYS: None ABSENT : Tanguma, Williams, McClintock, Pierson The motion carried . Mr. Owens noted that the Commission had moved to reconsider the vote taken on July 5th on the matter of the I-1 zoning for the entire site ; he felt that possibly this reconsidera- tion should also be continued until September 6th . Draper moved : Lathrop seconded: That reconsideration of the decision made on the I-1 z oning of the entire site, Case #8-78, be continued to September 6th . AYES : Smith, Draper, Lathrop, Owens, Parker NAYS : None ABSENT : Pierson, Tanguma, Williams, McClintock The motion carried . Mr . Owens announced to the members of the audience that these Public Hearings have been continued to September 6, 1978, and will be heard a t tha t time . • 0 I • • • • • -3- IV. VISITORS R.T.D. Mr. Owens welcomed Mr . Charles Pardon o f the Re gional Transporta- tion District, who was present t o ans wer questions t hat the Com- mission may have on bus routing through Engl e wood. Mr. Tanguma entere d and took his place with the Commission. Mr. Owens stated that concern had been voic e d over the change of bus routes f rom Girard Av e nu e to Hampd e n Avenue, and aske d Mr. Pardon to discuss t his change , Mr. Pardon stated that th e S e pte mber routing will have the buses traveling on Ea st Ha mpd e n Avenu e rath e r than on East Girard Avenue . Th e c hange in th e rou te was ma d e b e cause of testimony given at community f orums, at which time concern was expressed by citizens about the continue d use of that street as a bus route. Requests were made t o put t h e bus on East Hampden Avenue, a commercial stree t, rath e r than on East Girard Avenu e , a r e siden t ial s tr ee t . As a r e sult o f this in- put, R .T .D, moved th e #3 5 bus , which was sch e dule d to travel on U.S. 285, and th e #12 bus , the Downing S t r eet bus, to East Hampde n Avenue, Mr . Smith expressed concer n over the width o f East Hampden Avenu e , a nd questione d t hat two buses could b e accommodated side-by-side on t h at street , He asked if R.T .D, had consider- e d th e matt e r o f stree t width and parking in the designation o f th e bus rout e s . Mr . Wi ll ia ms e n te r e d and took his place with th e Commission, Mr . Pardon sta te d t ha t R.T .D, did contact the Englewood traffic Eng in ee r i n g Division and no ob jection was raised r ega rding street wi dt h or pa rk i n g rest r ict ions on E a s t Hampde n Ave nu e by that Depa r t me n t . Mr . P ardo n p ointe d out t h at b e works i n th e T. S .M , Depa r t ment o f R ,T,D,, which divi sion works with Traff i c Engine e rs thro ughout th metro politan area . Fr om a traffic sta ndpoint their determination is that Girard would be an operationall y better street for the bus r o utes . The Operatio n s Department of R.T.D . did requ est citizen input, and that citizen i npu t requested the removal of the bu s r o ute from East Girard Av e nue . It was pointed out that East Girard Avenue is a resident i a l stree t while East Hampden Ave n ue is a c omm ercia l street , and the front entrance to S wedi sh Me d ica l Ce n ter is fro m Ea st Hampden Avenue . Mr. Wanush n oted that the #3 5 bus, which will trave l u.s. 285 could make no stops at a ll along U .S . 285, and no sto ps in Englewood until it wo uld get to Ci nd e r e lla City . T his seeme d to be unwise, and if t h e b u s went d own East Ha mp d en Ave nu e , it c o uld give better serv ice to potential ri d ers . Mr . Wa nusb pointed ou t that b o th the Transportatio n Comm ittee and t he Com- mercial Comm ittee recomm nded that the #1 2 Bu s be rerou te d to • I • • • • .. • -4- East Hampden Avenue , Mr. Wanush acknowledge d that in terms of street width, East Girard Avenue is better, but he does feel strongly that the #35 Bus should be on East Hampden Avenue rather than on u.s. 285. Mr . Wanush pointed out that the Public Works Department has stated that the residential streets are not made to handle the large buses in terms of width, paving, etc., and that problems could arise from routing those large buses on the residential streets . Mr . Wanush pointed out the need for the local circulator buses. Mr. Lathrop inquired about the width of Hampden Avenue. Mr. Pardon stated that he understood East Hampden Avenue has a 36 foot roadway. Mr. Lathrop then discussed the width of buses and cars that might be parked along both sides of Hampden Avenue, The routing of the #35 bus was discussed, Mr. Lathrop pointed out that East Girard Avenue has parking eliminated in one block because of the Heli-pad at Swedish Medical Center, which would facilitate the use of East Girard Avenue for the bus route . Mr . Lathrop discussed the grades of the streets and noted the steep grade on Clarkson at Hampden, which is quite slippery in the winter time. Mr. Lathrop stated that he would strongly object to rerouting the buses to use East Hampden Avenue, and discussed the "pioneer businessmen" along that street and their dependence upon on-street parking. Mr. Pardon stated that the parking would be removed for 75 feet from the intersections at points of bus stops. This distance would be sufficient to accommodate one bus at a time, which is all that is proposed on this section. Mr. Pardon stated that the T.S.M. Division of R.T.D. recommended East Girard Avenue for the bus route initially because of the width of the street, the access to Cinderella City, and the fact that the Transit Center is proposed to be located along East Girard Avenue . · Mr. Lathrop pointed out that the Transit Center will be located more toward Floyd Avenue than Girard Avenue . Mr . Pardon stated that the routing on East Hampden Avenue, which will begin in September, is already approved, the bus schedules are printed, and that the routing cannot be changed before the September starting date . Mr. Lathrop charged R.T.D . with bringing the bus route changes to the City after they have been made. Mr. Wanush stated that this was not true, and pointed out that there were several Public Hearings on the matter of bus routes, and that the Transportation Committee had a meeting with R.T .D. officials at which time the matter of bus routing was discussed. Mr. Owens reminded Mr. Lathrop that the Transportation Committee, which he chaired, did make the recommendation that the bus routes be changed to East Hampden Avenue rather than Girard Avenue. • I • • ( • • • • -5- Mr. Pardon stated that the rerouting will begin in September, but will be re-evaluated for possible changes in December. During this re-evaluation period, probl e m areas, routing problems and citizen requests will be taken into consideration and necessary changes will be made . He emphasized that the East Hampden Avenue routing can be changed, but not before December . Mr. Williams asked what size buses R .T.D. was proposing to run in Englewood? Mr. Pardon stated the 40 foot, 42-passenger buses would be run in Englewood . Mr. Williams inquired as to why there was not more use made of the smaller buses through Englewood . Mr. Pardon pointed to the local circulator route in Englewood along Cherokee and Lo ga n Streets, and stated that smaller buses would be used on this route . Mr. Pardon pointed out that on buses such as the #12, there may be persons riding to and from the North Glenn or Thornton area to the southern terminal in Englewood ; the buses cannot be changed mid-route because most passengers disembark before reaching the final point of the route. Discussion ensued. Mr. Pardon stated that it was more economical for R.T.D. to purchase all the same type and size of bus . Mr. Williams stated that he felt tlH! R. T. D. should "branch out " into Englewood with a smaller bus f leet, because there are a lot of people in Englewood who might ride the bus if they had reasonable access to it , Mr . Pardon pointed out that during the peak hours, buses running through Englewood ar e filled ; he acknowl e dged that more riders are needed during off-peak hours, Mr. Pardon stated that the proposed routing system which will begin in S eptember will be a grid system; one can get any place in town, but it will require transfers. This system is designed to emphasize the cross-town routes and to integrate them with routes that go downtown. Mr. OWens asked wh n the next public hearings and citizen for ums would be held? Mr. Pardon stated that they would be held before December so that the changes c ould be mad e in December. Mr . Lathrop agreed with Mr. Williams that small collector buses are needed throughout the residential areas of Englewood; he noted that R .T .D, has stated that they want to eliminate the dependence on the automobile, but as it is now, riders must use their car to get to a local bus line. Di scussion ensued, Mr. Tanguma stated that there is a circulator bus that has run on South Huron Street, and that he has never seen mor e than five people on that b us , He pointed out that different routes have been attempted by R.T.D., and the ridership re- mains low. Mr. Williams stated that if these circulator buses could be connected to the main line, and if people could get to work within 30 minutes, more people might take advantage of the bus system. Mr . Pardon stated that R ,T,D, is trying to im- prove the time people must ride the bus in addition to improving • 0 I • • • • • -6- the routing . Mr. Pardon stated that during peak hours, major line headways are down to 10 to 15 minutes, and at some points less. Mr . Draper asked how many bus stops the ~e would be along East Hampden Avenue, and if they would be on both sides of the street? Mr . Pardon stated the bus stops will be spaced evenly along East Hampden Avenue, and they are attempting to get all stops at the same intersections so that riders are less con- fused . He stated that the bus stops would be approximately 1,000 feet apart. Traffic congestion that could be caused on East Hampden Avenue with the bus stops was discussed. Mr. Smith questioned if R.T.D. had investigated the bus "pocket" --an off-set the bus may pull into for loading and unloading passengers; this pro- cedure gets the bus out of the line of traffic and does not impede traffic to the degree that a stop in the traffic lane does. Mr. Pardon stated that in some instances this can cause problems in the timing for buses, and cited what could happen on a street such as Colorado Boulevard where it could be difficult to get the bus back into the traffic line. Mr. Draper asked if the decision to relocate the bus routes to East Hampden Avenue was made on citizen input alone, without any surveys as to the traffic volume and width of the street? Mr. Wanush stated that R.T.D. did contact the City, and talked to persons in the Public Works Department and the Traffic Engineer . Mr. Wanush stated that R.T .D. was probably informed that East Hampden Avenue is narrow, but that it is capable of carrying the bus traffic. Mr. Pardon reiterated that R.T.D. did talk to City representatives, and they did ask about Hampden Avenue ; Hampden was determined to be operationally feasible for the bus route, and thus, the decision was made to put the bus route on East Hampden Avenue , Mr. Smith asked for further clarification on the bus stops that would be planned along East Hampden Avenue . Mr. Pardon stated that R .T.D . would try to put them at signalized inter- sections wher e possible . He stated that review by the City o f th e propose d bus stops was asked, but he did not know whether or not consideration was given to removal of parking. Mr . Williams inquired as to what facilities are available for persons who work at night and might want to ride the bus? Mr. Pardon stated that this is a problem, and will remain a prob~m even after the September routing is instituted. He stated that R.T.D , does not have all-night service at any location, but hoped that such service would be instituted in the future. He pointed out that some businesses such as Gates are given service until 11 :00 P.M. or so. He stated that there is good service on Colfax Avenue --every 15 minutes or so --until after midnigh t . Mr . OWens expressed his appreciation to Mr. Pardon for his attendance and discussion with the Commission • • 0 I • - ( ( • • • • -7- V. OTIIER. Mr. Tanguma asked what was happening with the Friedman Paper Plant. Mr . OWens stated that he understood the plant is up for sale, and that the paper recycling operation will be centralized at the downtown plant. Mr. Wanush reminded Commission members that there would be a special meeting on August 1st to consider the Capital Improve-ment Program. The meeting adjourned at 8:15P.M. Gertrude G. Welty· ~cording Secretary ~ ;:;/---/!4-- • 0 I . ( • • - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION August 1, 1978 I . CALL TO ORDER. .s4 The Special Meeting o f the City Planning and Zoning Commission was called to order at 7:00 P.M . by Vice-Chairman Draper. Members present: Members absent: Also present: Parker, Pierson, Tanguma, Draper, Lathrop Wanush, Ex-officio Owens, Smith, Williams, McClintock D. A . Romans, Assistant Director II. CAPITAL IMPROVEMENT PROGRAM 1979 -1983 CASE #11-78 Mr . Draper asked the staff to present the Capital Improvement requests to the Commission. Mrs , Roman s stated that City Departments were contacted and asked to submit capital improve- ment projects they wished to have included in the 1979 -1983 five -year program , Mrs. Romans reviewed the requests submitted by the departments, noting which requests were included in the Capital Improvement Program at the present time, which requests have been submitt ed previously but have not been in- cluded in the Capital Improvement Program, and which requests are totally new , Mr. Smith entered the meeting and took his place with the Commission. Mrs. Romans further reviewed departmental requests, and made reference to the Five-Year Capital Improvement Program and the six-quarter budget, which sets forth the funding for the pro- jects included in the Capital Improvement Budget , Mr. Smith questioned that a replacement Bookmobile should be included in the Capital Improvement budget, or whether it should not belong in the amortization fund with other city vehicles. Mrs . Romans stated that it was her understanding that it would be included, but that the staff would check into this matter . Mrs . Romans noted that there was no change in requests fr om the Utilities Departments, and in fact, no new requests were received for 1983 . On the Bi-City Waste Water Treatment Plant, the figures reflect Englewood's share of the projects listed . Mr . Smith discussed the need for a "suspension" storage tank back of the Flea Market on South Broadway. The advantage of using the six-quarter budget was discussed . Mr. wanush pointed out that if there are funds avaibble, a • I • • • • • - -2- project may be advanced in the budget, or if f unds ar e not avai labl e , the project may be delayed for a quarter until f unds are available . Mr. Smith stated that the six-quarter budget g ives flexibility to the budget process. Mr . Smith also noted that revenues ar e up about 12% so far this year over what was estimat e d. Mr. Tanguma stated that he would like to see bicycle trails in the City of Englewood, and felt this should be funded through the Capital Improv e ment Program . Discussion ensued . Mr. Smith stated that this may be something that should be included, and stated he was under the impression that there was a study done on bicycle trails . Mrs . Romans agreed there was a study prepared by the staff and trails were proposed; a Public Hearing was h e ld, and there was considerable opposi tim voiced by residents and organizations such as the Jaycees. The Commission considered each Capit a l Improvement request; projects such as the storm drainage, paving and sidewalk dis- tricts and street overlay were determined to be on-going pro- jects, and funding for these projects were approved f or the fi ve-year period or until the project is completed if completion is determined to be within this five-year period. The new re- quest of traffic signals at Dartmouth and South Platt e River Drive, and at Dartmouth and Tejon were discussed. Mrs. Romans pointed out that there are specific warrants that must be met b efore installation of a signal at an intersection, and that t h e funds are requested for these installations at this time . It was determined that the traffic signals should be funded in the 1979 CIP budget. The Broadway beautification from Qui ncy Avenue south to the City Limits was moved from 1979 to 1980, and the Broadway widening from Floyd north to Yale Avenue was approved for 1983 funding. Right-of-way Acquisition funding was approved for 1979 thru 1982 as requested . The ma tter o f acquiring land for additional City Hall parking was discussed . Mr. Smith pointed out that this cost estimate figures out to approximately $2,500 per parking space. Mrs. Pierson poin ted out that this is prime comm e rcial land ; she estimated a cost o f approximately $10/square foot, and stated that she did not want to spend that kind of money for employees . Air. Smith questioned that persons who do not nee d access to their v eh icles during th e work day should be parking in t h e City Hall parking lots. Upon further discussion, it was deter- mined that this project should b e deleted altogether from the Commission recommendation . Improvement o f the Girard Avenue/South Cherokee Street turning radiu s fro m north bound to east was considered, and approved for f un ding i n 1980. Additional payments on the Malley Center and on the Land Purchase near the Malley Center were both ap- proved for funding as requested . Mr. Smith pointed out tha t th f unds requ sted on these two projects represent "payments" and are in th sam category of "on-going" projects such as paving and sidewalk districts. • 0 I • • • • - -3- The proposed cul-de-sa c i n the 3300 block of Sou th Lincoln was discussed . Mr . Parker expressed o pposition to this pro- posal and stated that he felt it would affect d eve lopment and property values alon g South Lincoln bo th to the north an d sou th of the 3300 blo ck. Mr . Draper asked about t h e feasibility o f a mid-block traffic sig nal such as in t h e 3400 blo ck o f South Broadway to slow the traffic and t o facilitate the crossing of the street by elder ly people. Mr. Wanush st ated that the propo se d cul-de-sac would lend attractive ness to th e "campus " atmosphere f or senior citizens with the Simon Center and the Ma lley Center across the street from ea c h oth er , and would be an ass et t o the area . Mr. Smith poin ted out that the 3200 a~ 3400 blocks o f Sou th Lincoln would have access fro m Floyd Avenu e , Eastman Avenue, Girard and Hampden Avenues . He added that people do not use the 3300 block of South Lincoln S treet to get to either the 3200 or 3400 blocks of South Linco ln . Mr. Parker reiterated that he felt the cul-de-sac would hind er development, and pointed out that while ther e ma y no t be de- velopme nt in these tw o blocks at this time, there may be de- velopment in the near f uture . Mr. Parker also poin ted out that the parochial school may close at some time in the future, and that this land would also be available f or development. Mr. Lathrop discuss e d the difficulty o f the e lder ly people in crossing the street to an d fr om the Malley Center. He pointed out that the traffic that does use the 3300 block of Sou th Lincoln o fte n travels over the speed limi t in hi s opinion, a~ he predicted that there wi ll be a ser ious accident in this block il s om ething is not don e to slow th e traffic or remove it a ltog e ther . Further discussion ens u ed. Mr . Tang um a stated that he felt the "campus" concept was g ood, and that perhaps the project could b moved back a year or tw o in fundin g to give time f o r d e v elopm e nt if it will occur , and to also give mor e opportunity for c onsiderat i on . It was det ermined that this project will b e placed in the 1981 funding. The river developme nt project was di sc u ssed, and approved for funding thru 1981 . The Comm uni ty Center was considered. Mr . Smith stated that he is opposed to this project; he pointed out that community centers a r e being closed all over the country. The cost of operating this facility is too high, and all activities mu st be monitored closely. Mr. Smith state d that the cost estimat e listed on this project is too low to begin with ; the last fig ur e that the City Council recei ved on a total Community Center was something over $5,000,000 . Mr. Smith discussed the problems of vandalism that many c ommunity centers have experience d, and pointed to some of those in De nver that have had c onsidera ble trouble with vandals. Mr . Tanguma stated that he felt the cost of both construction and maintenance must be weighed against the benefit of "keeping kids ou t of troubl e ." Mr . Smith pointed out that a community center wi ll not k ee p kids out o f trouble; he made reference to the programs available to youngsters t hrou gh the Parks a nd Re creation Department, and • I • • -• • • -4- note d that the participation is not that good . Mr . Tanguma noted that there are activ ities for kids fro m 10 to 15 years of age, but nothing for people between 20 and 60 . Mr. Lathrop pointed out that there are churches, schools and the Parks and Recreation Department that all have activities geare d to the youngsters . Mrs. Pierson suggested that part of the activities for those who are fro m 20 to 60 years old would not require the staff that other activities would--they would not have to be as closely monitor ed . Mr. Draper asked about the use o f one of the schools that are to be closed as the community center . Discussion ensued. Mr . Tang uma suggested that possibly one of the schools could be used as a "pilot program". Discussion ensued on whether this project should be funded or not . It was suggested that possibly some funds for a feasibility study should be budgeted in 1979, and the land acquisition and construction budgeted for a later date if the study proves a need for such a use. Mr . Smit h sug- gested that the project be deleted totally; an informal poll of the Commission was taken, and the suggestion was defeated by a tie vote. Funding of $20,000 in 1979 ; $1,810,000 in 1980, and $80,000 in 1981 was discussed, and was also defeated by a tie vote. Further discussion ensued. The final det ermination was to request $20,000 in 1979 for a feasibility study, and request funding o f $1,810,000 in 1981 and $80,000 in 1982 ; this gained Commission approval on a four to two vote. A break was declared at 9:25 P.M. The meeting reconvened at 9 :40 P.M. Cente nnial Park Shore development was considered, and it was determined that rather than t h e $188,260 listed, with $94,130 av ailable in Federal funds, that the City's share would also be $94,130 if the f unding were approved for 1979 and the Federal funding use d . It was determined that this project should be funded in the amount of $94,130 for 1979 . Cus hing Park expansi on was considered, and it was noted that the expansion is listed either to the north or west. Concern was expressed over any expansion to the north that might necessitate pedestrian crossing of West Dartmouth Avenu e from one part of th e park to another. Mr . Smith discussed citize ns concern with traffic in this area on South Fox Street, and sugges ted that possibly access to Dartmouth Avenue through this vacant ar e a west of the park would be a solution . Discussion e nsued . Mr . Smith stated th at he felt any expansion to the no rth of Dartmouth Avenue should be discouraged . Mrs , Pierson sugg sted that possibly there could be some use of the land north of Dartmouth by the Parks Department that would not c onstitute crossing West Dartmouth Avenue by pedestrians. An informal poll on recommending against expansion of Cushing Park to the north across Dartmouth Avenue showed the recom- mendation carrying five to one . Further discussion ensued . It was determined that funding for the Cushing Park expansion should be recommended for 1980, 1981, and 1982 • • 0 I • • • • • .. -5- The Centennial Park Expansion project was considered, and Mr. Wanush pointed out that this is east o f the park to the rive~ Discussion e nsued. The Commission approved f unding o f the project for the 1979 CIP . The Indoor Ice Rink was then considered . Mrs. Pierson stated that on account of her marriage, she would suggest that this project be moved to 1979 for funding. Discussion ensued, and it was determined that this project should be deleted . The lighting of the High School Ball Fields was then considered , The Commission expressed the view that this should be done by the School Board, and not by the City, and this proj e ct was deleted. The mountain park was discussed, and it was determined that this project should also be deleted , Development of McLellan Reservoir was considered . Mr. Smith discussed the problems the law enforcement agencies are having with this site, and it was suggested that the funding of this project should be delayed until at least 1982 and 1983 to give the City an opportunity to determine whether or not it should be fully developed as a recreational site . The f unding in 1982 and 1983 was approved by the Commission . The need for the Indoor Rifle Range was considered, and it was determined that this project should be deleted , Paving of Centennial Park parking lot was approved for $28,000 in 1979, as was the lighti ng of Miller Field in 1983 . The matter of the Library Bookmobile was again discussed . Mr . Smith again suggested that this matter be checked ou t; if it is no t included in the amortization f und, the Commission det er- mine d t hat 1983 was the proper year f or funding. The Police Pistol Rang e was then considered, and it was agree d that the funding of this project should be moved up to 1980 , Funding f o r relocation of Fire Station #3 was discuss e d , Mrs . Pierson stated that she felt this was too much money for a very negligible benefit , It was determined that funding for this project should be delayed to 1981 , Funding for the Pumper Combination was approved for 1979 , Miscel laneous Land Acquisition was discusse d, and it was noted that this is earmarked for a possible fire station in northeast Englewood. I t was determined that the f unding for this project should b e mov e d to 1982. Water Improvement f unding was discussed , It was determined that funding for t his project could remain in 1982, • I • • • • • • -6- The Fire Training Center f unding was considered. The Commission approved the funding o f this project in 1979 , The Lawn Sprinkling system for the fire stations wa s discussro , and deleted , The Fire Investigation Van was discussed, and funding for this project was approved in 1980 . It was noted that the projects listed by the Water Department should be left as shown in the 1979-1982 budget, as should those for the Bi-City Plant . No projects will be recommended for the Water program in 1983. Pierson moved: Tanguma seconded: The following list of Capital Improve ment projects for the five-year period of 1979 through 1983 be approved by the Planning Commission and referred to the City Manager. AYES: NAYS : Parker, Pierson, Smith, Tanguma, Draper, Lathrop McClintock, Owens, Williams The motion carried. The meeting adjourned at 10:35 P.M. • I . • I CITY OF ENGLEWOOD 8 /2 /78 F IVE-YEAR CAPITAL IMPROVEMENT PROGRAM Request 1979 1980 1981 1982 1983 High School Basin $ 475,000 $ 0 $ 0 $ 0 $ 0 Central Basin $ 0 $ 60,000 $ 800,000 $ 0 $ 0 Zuni Street Paving -Dartmouth to Yale $ 50,000 $ 0 $ 0 $ 0 $ 0 Little Dry Creek Improvement $ 379,403 $ 435,000 $ 400,000 $ 400,000 $ 400,000 City Survey $ 20,000 $ 20,000 $ 20,000 $ 0 $ 0 Street Overlay Program $ 70,000 $ 75,000 $ 100,000 $ 115,000 $ 125,000 Paving and Sidewalk District $ 30,000 $ 200,000 $ 200,000 $ 200,000 $ 200,000 Traffic Signals $ 25,000 $ 0 $ 0 $ 0 $ 0 Broadway Beautification $ 0 $ 90,000 $ 0 $ 0 $ 0 Widen Broadway: Yale to Floyd $ 0 $ 0 $ 0 $ 0 $ 364,000 • Rights-of-way Acouisition $ 150,000 $ 150,000 $ 150,000 $ 50,000 $ 0 •• Belleview Park Storm Dr.ainage $ 150,000 $ 0 $ 0 $ 0 $ 0 Right Turn: Cherokee and Girard $ 0 $ 35,000 $ 0 $ 0 $ 0 Malley Center $ 35,264 $ 35,264 $ 0 $ 0 $ 0 Land Purchase near Malley Center $ 22,500 $ 0 $ 0 $ 0 $ 0 Cul-de-sac : 3300 South Lincoln $ 0 $ 0 $ 30,000 $ 0 $ 0 River Development $ 50,000 $ 621,806 $ 175,000 $ 0 $ 0 Community Center $ 20,000 $ 0 $1,810,000 $ 80,000 $ 0 - -• • ~ I • 8 /2 /78 1979 1980 1981 1 9 82 1983 Cen t e nnial Pa r k Shore Deve lopme nt $ 94,130 $ 0 $ 0 $ 0 $ 0 We s t o f Cus h i ng P ark (SA) $ 0 $ 300,000 $ 120,000 $ 180,000 $ 0 (A) 0 (C -Tennis (C -Swim Courts) Pool ) Centennial Park Expansion $ 200,000 $ 0 $ 90,000 $ 0 $ 0 (A) (C) McLellan Reservoir $ 0 $ 0 $ 0 $ 1 7,000 $ 26,000 Pave Centennial Parking Lo t s $ 28,000 $ 0 $ 0 $ 0 $ 0 ( Miller Field Lighting $ 0 $ 0 $ 0 $ 0 $ 55,000 Library Bookmobile $ 0 $ 0 $ 0 $ 0 $ 40,000 Pistol Range $ 0 $ 50,000 $ 0 $ 0 $ 0 Fire Station #3 $ 0 $ 0 $ 200,000 $ 0 $ 0 Pumper Combination $ 150,000 $ 0 $ 0 $ 0 $ 0 • Miscellaneous Land Acquisition $ 0 $ 0 $ 0 $ 200,000 $ 0 e I Water Improvements $ 0 $ 0 $ 0 $ 300,000 $ 0 Englewood/Littleton Fire Training Center $ 60,000 $ 0 $ 0 $ 0 $ 0 Fire Investigation Van $ 0 $ 10,000 $ 0 $ 0 $ 0 Total: $2,009,297 $2,082,070 $4,095,000 $1,542,000 $1,210,000 Grand Total: $10 ,93 8 ,367 • • 1979 198(. 1981 1982 . .. -----.1 Allen Filter Plant Expansion & Rehabilitation $ $4,337,000 $ 0 $ 0 0 'j. 0 Rehabilitation of South Broadway 12" Mains $ 3 63 ,0 0 0 $ 0 $ 0 $ 0 'I· 0 Annual Replacement of Water Mains $ 110,000 $ llO, 000 $ llO,OOO $ 110,000 0 Pipe Connections $ 0 $ 0 $ 38,94 0 $ 0 :,; 0 Modify Piping at Overhead Reservo ir 0 $ 161,000 $ 0 $ 0 :-. 0 Replace Mains in Low Pressure Areas $ 273,000 $ 0 $ 0 $ 0 ~ 0 Construct Worth City Storage $ 0 $1 ,984 ,000 $ 0 $ 0 :' 0 /"' Overhead Storage Pump Station $ 503 ,000 $ 0 $ 0 $ 0 :' 0 Allen Filter P lant Pump Increase $ 0 $ 0 $ 543,000 $ 0 ~\ 0 Replace and Rehabilitation -Inadequate Mains $ 0 $ 0 $ 0 $3 ,000,0 0 0 :: 0 McLellan Pump Station Relocation $ 341,00·) $ 0 $ 0 $ 0 :' 0 TOTAL $8,997 ,000 $2,2 5 5,0 00 $ 691,940 $3,110,000 ~ 0 • t • '1:1' -• • I • 1979 1980 1 981 1982 1983 201 Engineering Design $ 50,000* $ 0 $ 0 $ 0 $ 0 Plant Expansi~n 10,000,000 Gal $ 0 $1,000 ,000* $ 500,000* $ 0 $ 0 MGD (NH CL removal) Land Application $ 125,000* $ 0 $ 0 $ 0 $ 0 NOTE : EPA Funding is 75%; Littleton and Englewood share remaining costs 50% each (12-1 /2% each) *Englewood's Share $ 175 ,000 $1,000,000 $ 500,000 • • .., • • • • • • - ENGlEI~OOD WATER AND SEI~ER BOARD Regular Meeting August 29, 1978 The meeting was called to order at 5:D7 P.M. by Chairman Gibson. Members present: Members absent: Also present: Gibson, Best, Mann, Taylor, Ullery, Feamster, Wit thus Schnackenberg, Harper Stewart H. Fonda, Director of Utilities I. HERt1 De VLIEGHER, 4610 SOUTH CHEROKEE STREET $B A letter from Mr. De Vliegher was read to the Board members by Chairman Gibson requesting use of Mclellan Reservoir for fishing as in the past . Mr. Fonda had advised Mr. De Vlieqher earlier that the fish were to be taken out of the Reservoir by the State -Wildlife Division and placed elsewhere. The Board took no action on the matter. II. STATE HIGHWAY DEPARTMENT/MclEllAN RESERVOIR Communications from the State Highway Department reveal that there will be extensive changes in the highway around the Mclellan Reservoir area. They are requesting information concerning possible development of a park area around the Reservoir. Mr. Fonda stated that he would contact Mr. Romans of the Parks Department to see if they would be interested in developing the area in the near future. III. TRANSMISSION SYSTEM Mr. Fonda explained the proposed components of the water distribution system which will be installed in the near future. The new system is divided into several zone areas which will be supplied by larger trans- mission lines and several pump stations. An elevated storage reservoir will be installed in the upper zone near Field School which will improve pressure in the south section of the City. Meeting adjourned at 6:35 P.M. Respectfull_y submitt~ .,..__ ''-'~ A..JTZ.d-Kay Roberts T 1 Recording Secretary • I • • ( • • • • COUNCIL ACTION REQUEST LIQUOR AND 3.2 BEER OUTLETS APPLICANT: St. Louis Home and School 3301/3310 South Sherman TYPE OF ACTION REQUESTED: Special Events Applicat ion November 12, 1978 12:00 noon to 8 :00p .m . Beer, Wine, Liquor POLICE AND FBI REPORTS: N/A PREVIOUS CITY COUNCIL ACTION S DURING PRI OR TWO YEARS, FXCLUDI NG ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: COMMENTS : Set public hearing date Recommend October 16, 1978 • 6 II I • • - ( • ( • • • - DRL 439 (Rev . 10/771 STATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR SPECIA L EVENTS PERMIT D o Not Wote m 111•-. c;pdce LIQUOR ENF OR CEMENT OFF ICER'S ACTION APPROVFU -------------------------Date DISAPPROVED ----------------------- IN STRUCTIO NS Answer all Quest tons on 1t11s apphca11on then QPt the approval of vour local llcens•ng authout y I see last Pdf,wl 1nd al5o ~he dPProvat of vour CotCJ rado liQuor enforcement Off•cer Then ma•l th•s complttted appllcattOn wllh proper fee to the Colorado Department of Re\ienu State CoptfOI Annt.:x Bulld•ng. 1375 Sherman Street , Denver, Colorado. 80261 TPiephonr 1303)839-3741 . Dale Ltcensee Telephone Number NO PERMIT WILL BE GR ANTE D UNTIL THIS APPLIC AT ION HAS BEEN APPROVED BY YO UR LOCAL LICENSING AUTHORITY A ND YO UR LIQUOR ENFORCEME T OFFICER Colmado •••• a<e 3 ,_ Beer S 10 00 r>er •••v Bee,, Wone and L•quor $25.00 pe r dav You• local locen song aurhonty wd l •nd•cat the ~mount of the'r •~"" '·'"l ,,,.,, 1 3.2% BeN I' BPer . Wtne and Ltquor 1. Applicant S t 1 01! I s Ch urc h Home s nd School Schoo1-7 8 1-367 8 · Telephone Number Re a to r ~ _?61'39/:::e 2 Trade Name ( 'f .ny 1 ----------------------------------------------------------------------------------- Address 3301 / J .; .So . Sherman 3 4 City E n glewood Coun 1y Arapeb pe Colotado Address of pldCP 10 have llmpurary PNtn•l (EXACT LOCATI ON OF PREMISES MUST BE GIVEN I G1ve Slleet and number tf POSSible 11 place l'.i locatPrJ tn a tnwn or rural dtstflct where rr ts 1mpossJble to q1ve s treet and number. the lot and block numb~r or part of SPCt1on whrre loc • .Ht'd rnust I"" qtvt~n 3 301 So. Sherman and Pariah Center-3110 So. LlncaJ~ County 5 The EXACT dalels) for whtch dppltCa!•on •s he.tng made f01 permt t (no more !han 1wo days) Colorado. From Nov. 12. 1 '7 7 8 Date 12 : o 0 N ooo t o _.N..._oloLJl.v~_.l,..2...,,,_1..._9;1-4-7'"'8,_ ___ oB..-.·..,.o.._o'--.IP~N~~~.,..-, ___ __ Hr>u, Oare ttour F,om ________ ~u~.-,.~--------------,-,-0,-,----------to----------~0~.-,~.----------------~,-,,,-.,-,--------------- 6 Do you have lrgJI pot;c;pc;~_;ton of th~: premr,~~ for wtuch th1s dPpi!Cdtton rs m ade] --~,_.:cti. ___________________________ _ Is dppltcant otqanl2dttOII tncorpotdlt'd un•Jer the laws of tht~ state l ot purpo~el o f a soctJ I, fraternal , patnot•c. pof•ltcal. or dthletlc nature, not for pecuniMy Qdlll; 01 •s 11 rt tPqularly chartered luanch ,lodge, or chapter o f ana 1onal organ rzat1on or ~oc•e ty organ1zed for such purposes, hCinq non profit 1n natur£1 or IS It a rPIIg10us 01 philanthropiC mst•tutton1 " Ye, No 8 If the appltCant S dr1 org,,JnllJtiOn lllCOrpordlt•d •n t•t•• for 'non pecun1ary" (non profit) PUt posos, answer (a). (h) anct (c) (•I Otqan"oclunder the l•ws of thu StJtc d Colo, Parish was fOI:IFHiel!a t'l..nr--+1-C;"~ll--ll------ (hi Ptmctpal hU'ilnf'\S IS conductecl ·It __ J...,J~-.J~o'-s .. ·u..o..._~s;l.bW;e ... r"""m .. a ... n ..... __________ _ . Coun y Ara ~aoJ::~op (c) Complete the followtnq tn detatl TilL£ PRESIDE NT VICE PRES TREASURER SfCRETAR Y MANAGER 9 o. Ar the extsttnq lttensed facilities of oPPitcan1 organttatiOn mdadequate for ••rvtng members or guest of the organtlii!On hv reason of the na1Ure of th• spectal event whtch ts '~heduh••P Yes rXJ N o , , • ,- '• I ..,: ' . • ) I • ( • • • - 10. Are the prem1ses for wh1ch application IS made now licensed unde1 th State L1quor Law or the 3 .2% Beer A c t > n Ye s LJ No If yes, to whom IS the license ISsued ' State L1cense Numhcr 11 . Has an y special even ts perm ll been 1ssued to you wllhon the current ca lendar year> 0 Yes rcJ No If yes, f or how many day s > Thr loJJu~-~.mtJ I1111du•it H tu fr r ~1Qf1i'd uod ;1rkno wlt-d 'ld h\ Uratm -tlltor STATE OF COLO RADO St. Louis Ch urc h Home and School As so Cou nty of h.rapbhoe herself she anrf Mary Beehl , being by me firs t duly sworn , 1f fer l¥iilliii!K , de poses and_sav.s , that 1\c 1s the appli · !e s nl:l ca nt above named, or 'fl'/! Ire is Presi d eo t of the above named corporauon , tha t Xe ha• rea'\i&\-foregomg ap plicat !O gfi~ that R,; knows the conten ts thereof , and th at all m a tters and th1ngs therein se forth are t rue o f :Ji ll!: own kn ow ledge , and 11Xagrees to con form to al l rules and regulatiOns promul gated by the D EPARTMENT OF R EVENUE IN CONNE CTION THEREWITH St. Lo u is Ch urch Home &n d Sc hcol Cor p o rate Name 1!/fa '~:''"•;gse i4t::!l INSTRUCTIONS If the premtses are located w•th •n a ctty or town , the approval show n below should be Stgned hv the M ayor and Clerk If the prem•ses are located'" a county, then thts approval sh o uld be s•gned by the Cha11man of the Board o f County Commr'I~•OOf"fS and the Clerk. to the Board If bV ordrnance or otherw•se, th~ local hcens•ng authonty •s some O(h er off•c•al 1hen such approval ~hou t d bt> s•goed hv such ofhc1al REPORT AND APPROVAL OF LOCAL LICEN SING A UTHORITY The foregalllg appl!cauon has l>een exam1ned and the prem•ses buS!n ss conducted and cha rdctfl of the anplirant "satiSfac tory and w<> rfo report tlldt such permtt, 11 granted, w1ll comply With the prov•sion of T1tle 12, Arllcl 48 , C R S 1973 as amend d Therefore the forego,ng appl•catron "hereby approved DATED AT THIS NAMl OF TOWN CITY OR COUNTY BY ATTEST DAY OF ,AD 19--- Mayor 01 Ch11 ~rm •n ot Bo••o of county Comm •u•onerl or Tltte ot Otht• LicenSing Authority • Cl.tk Or Sec r•UIIV Ot Other Office H•v•ng OlfiCIII s .. l of tne Ll(.enlln9 Authotlty I • • ' • APPLICANT: Encore, Inc. d/b/a The South Door 5470 South Broadway • • - COUNCIL ACTION REQUEST LIQUOR AND J. 2 BEER OUTLETS TYPE OF ACTION REQUESTED: Change of ownership (see comments) POLICE AND FBI REPORTS: PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, FXCLUDING ANNUAL RENEWAL: CITY ATT ORNEY 'S REVIEW: 6 8 •' Cill.~AENTS: This action is being required by the State of Colorado. The ownership change involves changing the state of incorporation from Delaware to Colorado . The State Liquor Division was notified of this change at the last license renewal earlier this year. The State has now decided that this was not adequate and that a new license must be issued (see memo from Attorney General's office.) • I • • • •' - PLEASE DO NOT WRITE IN THIS SPACE DAL 40 3 (Rev. 9/76) STATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR 3.2% FERMENTED MALT BEVERAGE LICENSES (RETAILERS, WHOLESALERS OR MANUFACTURERS) THIS APPLICATION MUST BE FILED WITH THE COLORADO DEPARTMENT OF REVENUE , TELEPHONE (303) 892-3741, STATE CAPITOL ANNEX BUILDING , 1375 SHERMAN STREET , DENVER , COLORADO 80203 . NO LICENSE WILL BE GRANTED UNTIL THE APPLICATION HAS BEEN APPROVED BY THE LOCAL LICENSING AUTHORITY. IMPORTANT : CHECK THE APPROPRIATE BO X FOR THE TYPE OF LICENSE IS) BEIN G APP LIED FOR . THIS IS AN ORIGINAL APPLICA · TION AND A COPY MUST BE KEPT IN YOUR FIL ES FOR REFERENCE WHEN APPL YING FOR RENEWAL LICENS ES (]! RETAIL 3 2 % BEVERAGE LICENSE -IN CITY FEE $ 46 25 0 RETAIL 3 2% BEVERAGE LICENSE -IN COUNTY FEE $ 67 .50 0 WHOLESALE 3 2 % BEER LICENSE' FEE $ 1 00 00 0 MANUFACTURER 'S 3 2 % BEER LICENSE' FEE $100 .00 'MAY REQUIRE BOND THE UNDERSIGNED HEREBY MAKES APPLICATION FOR A STATE l i C ENSE AS INDICATED ABOVE , UNDER THE PROVISIONS OF TITLE 12, ARTICLE 46 , CAS 1973 , AND FOR THAT PURPOSE MAKES THE FOLLOWING ANSWERS TO THE QUESTIONS CON- TAINED IN TH IS APP LICATION EVERY APPLICABLE QUESTION MUST BE ANSWERED . ANY FALSE ANSWER OR STATEMENT MADE BY THE APPLICANT CONSTITUTES PERJURY AND THE PERSON MAKING SUCH FALSE STATEMENT SUBJECTS ANY LICENSE ISSUED HEREIN TO REVOCATION . All ANSWERS MUST IE PRINTED IN INK OR TYPEWRITTEN Socoal Secu .. ty No. -------- 1 Name ol 1\pp hc ont tsl Encore, Incorporated "A Co lorado Co r poration " -----=::----:::--:-:--:--------------------Buson ess Telephone No ~3'-'5~5"-----"3~5~9-=1'------2 Trade N...,. The South Doo r 3 Address of place to be licensed EXACT LOC ATION OF PREM ISES MUST BE GIVEN Gtve street and numbe(, where posstble It place to be hcenseo tl k)cated in a town or rural dtstrlct where tl 11 tmposstb le to gtve street and number, the lot and block number or part ol &eclton where located must be gtven 5470 Sou h Broadway • ColoradO 6 Do you have legal poaseas•on of the prem'se' tor wt·uch th•s apphcat+on for hcense 11 made ? -;-=Y:..:e::.:s=-::------------------ 7 Ale the pretn+MS o wned or tenled7 _-B.£I"!_t;£_d __ If rented from whom? _;G~ra~sC::t':'o-"k""-'''-'I'-'n::..C::..:.• --------------- (a) EHoct••• dato oiiUN ~7n ___ (b) E..pl<aloon Date ol Le... 8/7/81 8 Under CAS 1973, 12 46 117lTO Bf FILLED IN BV RETAILERS ONLY) I•>'!J The IOC~ ltcenaong authouty bueo upon one ot the folk)w•ng clas.a.hcltlons ~P«:•' ed •n me lf'C)Itc•tOn . .nell res~ net the UN of Ntd licenM to (u) Salee torconaumpt•on oH the ptltrUMI o f the l+centee or (ill) S.... tor consumpttOn on the prwn, ... ot the ••~ .... or {+v) s.te. tor conaumpt~ both on and oH the PfllmiMI of thel•cen ... (v) Th4t Pf'OVi t.l ons of th11 pwagraph {e) -"'all not aopty to any hcen M •tsued or lf)t)llld tor uncJ.r th+l art•ct. prior to the ertec11ve d•• ot th+a p.,agraph , nor to env renewal or retuu.nce th«WWt Effec11ve date -July 1, 1967. Chec:k on e 0 Ill 0 II IIPC)hcant(a) Or aU offic.-a Oltne Wf'POfllttOn CIIILWIII) Of tl'te Un!lltd Sial .. Of Amertc• t ___ Y'-'C"-S"------------------ !0 lo -llcont o ,..!dent olltle lllote ol Color-? ____ Y:..c"'."'s---------------------------- 11 Will you In• au and k..., It • ooneptcuou1 plac. on the outa.de of your eal-*>lllhment a a+gn with 1etter1 not tmeltef th., ten inchee Meh, cont.in1ng the tolk)w1ng -•do "ON Y 3 2'11. BEEI'I SOLO HERE"? (APPLIES ONLY TO RETAILERS ! --=-=Ye"'s'-----::----------------- 12 Are then p rem11es now l•c•nsed under thP Stete l+quor Lew or the Coloredo Beer Coda? Y S 11 eo , to WftOm 1 the lfcenM IMUed? rncore . Incorporated SI••UconoeNo 11-86979 13 DO YOU HAVE A COlORADO STATE SALES TAX ACCOUNT? YES c){ NO 0 IF YES , GIVE THE ACCOUNT NUMBER 11-96 79 t< Ia on y -....,..,..., In aolllng Of dl-14ng ol F«menled Molt -., .. by on v o llhe -llconlo In 1t1e "'""-"'' whlcll 111 o -llc ot"'" woe m-undw 1t1e oo• ol eight-_.? --------------v .. __ No _x __ ) I • I • • - 15 Has the applicant . or any of the partners , or any ot the otttc ers,llockholdefs or directors of satd applicant (U ''i s a corporatlon)twef been convtcted o f a crtme '"the State of Colorad o or elsewflere1 -----------------------------Ves __ No __ x_ If 10 state lull oetatls -------------------------------------------- 16 Has the applicant , or any of the p~ners , or any oH•oer , director or stoc kholder of satd applicant (t l 1t tS a corporattonJ ever (a) been dented a llcen5e under the liQuor law of Colorado or any other state' Yes __ No __ X __ (bJ had an alcoholic be'tlerage l tcenae suspended or revoked? ----------------------Ves __ No __ X __ If the answer '' yes , e•plam tully (att.::h separate sheet, tf necesury) 17 Does any manufacturer or wholesaler have any duect or tndtrect financial mterest '" the bus.ness lot wtnch thts appltcatton tor licente 11 made? ---------------------------¥•• __ No __ X __ 18 Do you have any financ i 31 1nterest directly or tnduectly m any bustness eng ag ed in the manufacture or wholesaling ot Fe rmented Mal1 Beveraoes? -----------------------Vn __ No __ X __ 19 Ale you recetvtng dtrectly or tndt rectly any ltnanc ta l ass tstance , equtpment . fixtures, chattels , decorattons ,or fum lah1ngs used in the stor - tng . handling 5ef"'ltng or d1spens•no ot food or Fermented Malt Beverages Wit hin the prem ises or any str uctural chan ge 1n the bu1I01ng , e•cept exterior si gns, hom any manufacturer or wholesal er o l Fermented Malt Bev erages ? Yn __ No __ X_ 20 Are you Interested many banktng, k)an.ng or ltn an cmg company ? Yes __ No __ X __ 21 If th e "pplicant is an Individ ual answer (a), {b ) (a)-------------- Name Home Address City Date ot B!rth It manager of the bustn ess IS not the apphcant answer (b ) 22 (b ) Name It the apphcant ts a CO·partnerehlp , answer (a), {b ). (c) (a) Name (b )-------,-,--.,..,.,-------- Name ot Manager Home Address Home Address Home Address Cuy o.te ot Birth Ci ty Ome of Bh'th C•t y Date of Birth (c ) When dtO s&td partnersh tp commence dOmg bustness and submit a copy ol pannersh ip agreement ? ___ (E•cept husband and wile pennersnlp .) 23 It the apphcant ts a corpore tton answer (a), (b), (c), (d ). (e ), and (f ) (a) Organized under the la ws ot the State of Co lorado , Date May 3 . 1977 (b) Proncopat busoness oa conducted at 155 S . Mad i ~.l:ounty ot Den v er , State ot~Co&"'lloloc.or""al\d.;!O>L. ____ _ {c) Date or lthng last ann ual corporaU!I report to the Secretary o f State ....JM~a;::tY:....<l!.,_, _,i,l~9c.J7'-'7L--------------------- Home Address c.ty P•esodont 860 Fillmor e; Denver Voce.Presoden t25 Brookside Dr; L:j,ttleton Tr easurer2636 S Eaton p l · Dcnyer Sec<e<ary2747 5 . Newark Ct · Aurora Manager 2986 s Parker Ct · Aurora Date of Birth 7/26/4 9 12/2/37 7/6/29 2/4/45 4/JS/53 (e) List ell stoc"holdefs owf\tng or controlling tne Cap+ tal Stock of the Corporatton (Include actual owner ot pledgee) UN separate 11'\eet tf needed Name am s J. Person James F. Kosm1sk1 J1rnrny s . Tru)lllo (tl lraNir~.oc t ora o \IP.~,\Jo .. .,on Jal'\es J. ~~on James f. K6sm1ski Jimmy s. rrujtrro Home Street "«:) aod C•ty 860 Fillmore; Denver 25 Brooks1de Dr.; L1tt!eton 25 Brooks1dC Dr.; L1tt!eton 2636 s. Eaton Pl.; Denver Percent ot Oete ot Birth St2'1,~ ~ned 'fJ!tfO,??t;~Vow 20.0 12/2737 26.6 7/6/29 26.6 2/4/45 Oete of Birth M<IJ'J2 g' 11 Yf" 12/2/31 1/6/29 r.arryN. Duncan 2 141 s. Newark Ct .; Aurora 2/4745 24 When dtd you purchue or stan operet•ng thll buttn ... ., O.!r f-.~~,:;:~_.::...::.:_:_~=..::..:::..::. _________ .,:__;_ _______ _ lfpu~he~.~mwhom ?--~~------------------~~~~----------------------------------------------------- 25 Gtve the n emea of thrM responttble cnarect., referenefl whO cen vouch tor you r quel ificllttons and dea~rabil1ty u a licen Md oper•or, snowing the number of yew-a • you heve known MCh L.R. Muller 1740 Broadway Name Addr ... Rober F. W1lson 818 SevcnteenLh Stree Add<HI Denver C1ty Denver -Chuck Lt hman -1515 ArapahO Street ~530 Addr ... C11y Denver Coty • Co l orado Still Colorado St ete Colo rado &ate 4 No of Ye.,. Known 3 No of Years KI\Qwn 3 No ot Yeer~ Known I • - - I • • - 28. List be~ow your business or empklymenl record lor the past tift years F1'.t" Narrie Address Your Position Dele Em ployed Immediate Su.,.rvl eor IF THE APPLICANT IS A MANUFACTU .. ER OR WHOLESALER, ANSWER QUESTIONS 27 TH ROUGH 32 27 State 11nce what date applicant hu occupied premtses to be hcenaed ---------------------------- 28 State whether applicant owns. leues or operates any wareho use or trior age plant in connection with ''' business -------------- If so state full details regardmg aeme -------------------------------------- 29 Does any of the applicants. or any of the panners. or any oHicer, d irector or ltockholdftf of aaid applicant , if tt •• a corporatton , have any dtrect or Indirect tinanci al lntereat In the business of Mlling matt . vlnoua o r spintousliquor at retat l? YH __ No __ _ 30 Does any person or company In eny way tnterested in .,Yother w i nery, brewery or dtstillery, or any retail liquor eS1abl ilhment, o wn . etther directly or indirec11y , in whole or in pan , the building or premises to be occupied by the bualneu or any fixture for wnlcn thtt applicetion for hcense •• made? Yes __ No __ _ 31 Does any owner . pert owner .shareholder or per.on tn eny way interest ed in any otner winery, brewery , disttllery. or ret ail li quo r esteblilh - ment, have any direct or ind•rect tlnanct al interest i n the busines:s for whtch thtl epph cat ion for llcen.ae 11 made?lf 10 . give pertlculats Yea __ No __ _ 32 USE LAST PAGE TO EXPLAIN ANSWERS GIVEN TO QUESTIONS 29 , 30 or 31 , ABOVE (The follo wing affidavit to be si gned and acknowledged by Indivi duals and each member of pannershlps and by Corporation .) STATE OF COLORADO Larry N. Dunc an ll'lO< be ing by me fnst duly sworn , i f for hi mself . depoMs and says ; that he 1s the applicant above named , or that he Is Vi ce P r es ident and Sec r e tary of the above named corporation , that he has read th e fo regoing applic ation and th at he (Title) knows th e contents thereof, and that all matters and th i ngs there1n set forth are true of h 1s own knowledge and he agrees to conform to all rules and regulat ions promulgated by the State Department of Revenue in connectiOn therewith Suoscnbed and sworn to before me lndlvldu81a Mel afl __,a of P..-tnerahlp muatalgnhere : this __ ? __ t h _________________ dayof ...S.Io!.Ptemb e r / / )·. (S•gnature of Notary Publ ic) Attach Seal 19...l!L ,. I:: ' ----------------------- Corporation algn here Enco r e , Incorpora e d (Corporate Name ) (CO ~i'OR :'TE SEALJ 2/2 4 /79 , . r / My Comm i ss ion exv:•e• ------------------By -:----,.-~---,----------­ (President or Secretary) REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (MANUFACTUR ERS , WHOLESALERS AND RAILROADS DISREGARD THI S SECTI ON ) Th e ong tnal application naa oeen eJiiammeo ana tne prem•ses ous1ness conoucteo and character of the applicant 11 sattsfactory, and we do report that suc h hc enM . 11 granted, w1ll meet the reaoo nable reqwements of the ne i ghborhood and the desnes of the 1Mab1tants , and complies With the provrs10n s of T1tle 12 , Art1cle ~. CRS 1973 THEREFORE THIS APPLICATION IS HEREBY APPROVED DATED AT --------------THIS _____ DAY OF ----------A D . 19 ------- (NAM E OF TOWN , CI TY OR COUNTYl----------------------------------- BY (MAYOR OR CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS OR OTHER TITLE OF LICENSING AUTHORITY I ATTEST (CLERK O R SECRETARY OR OTHE R OFFICER HAVING THE OFFICIAL SEAL OF THE LICENSING AUTHORITY I (lithe prem ises are located with in a town or c1ty , the above approval should be signed by the mayor and clerk ,lf 1n a county ,then by lhe chairman of the board of county comm iSSIOners and the cla rk to the board If by ordinance or otherwl&e ,the to ea! hcensmg authonty Is 10me other official , then auch approval should be g1ven by such OffiCial .) USE THIS SPACE FOR ADDITIONAL COMMENTS • • I • • • f - • • • ATTACHEMENT U SUPPLEMENTARY INF'ORHATION Currently Held Licenses: 11 a.) Encore, Owner - License b.) Encore, Owner - Li cense c.) Enco re, Ow ner - License d .) En cor e , Owner - Incorporated Operator Issued 5/26/76 Incorporated Operator Issued 7/1':>/76 Incorporated Operator I s sued 3/22/77 Incorporated Operator License Iss ue d 6/30/76 Previously lleld Licenses: Larry N. Duncan General Partner ~icense Issued 2/76 Business sold and license transferred as of 6/77 Licen ses Suspended or Re vok e d : NON E Di sco/Ncction -Pueblo 4301 North Elizabeth Pueblo, Colorado 81008 Disco/Nection -Thornton 900 East 88th Avenue Thornton, Colorado 8022 9 The South Door Disco 5470 South Broadway Englewood, Colorado 80110 Disco/Ne ctio n -S i o ux Fa lls 320 1 So uth Ca r olyn Sioux Falls , South Dak o ta 5 71 06 Pogo's of Ft . Collins 1220 West Elizabeth Ft. Collins, Colorado 80 521 • I . • I • • • ATTACHMENT #2 Encore, Incor,:-orat~-1 is the Gene:: al Pa rtn e r and has cornr lete control of t he ope ratio n s of 'l11e South Doo r. The fol l owing is a list of the Lim.i.t-.!d Pa r tne rs: (10) Fred S. Alexander , Ill 8405 East Ham pde n U 9H Denver, Colorado 8 0231 1. 5\ Harry R. Blair 11355 West 76th Dri •;e Arvada, Colorado 80005 L5% Ze lda N. & Ray C. Bransted 500 Est0s Stree t Lakewood , Colorado 80 226 1. 5\ Elbert Russ e ll Gragg 2903 South Ma con Denver , Co lorado 8 02 32 1. 5'1. Rich ard 0 . Hardy 1234 So uth Yo semite Wa y #88 Den ver, Co lorado 60 231 L5 · Be tty L . & KentJeth 1!. J essen 2423 So uth Kirkwood ~~urt Denve r, Co lorado 0022 2 1. 5\ Reverly R. & 'I'hvrn<.s rL King 290 !-larshall Lakewood, Color ad~' 1>0L2 6 l. 5\ J a mes F. Kosmiaki 25 Brookside Drtve Lit leton, Colorado 80121 12\ Encore , Inoorpor ted own s 51!% o f The South Door 1nd has 100 control of all operations Geraldine ?. & Paul M. Kug ler 457 5 L~ke r idg~ Road Denver , Colo ado 80219 3t He rbert K. i..e hman 210 1-ies t ~/\in Riverton, Wyo ming 82 501 1. 5% Br uce r •. Miller 3251 South Zuni Englf'wood , Co lorado 8011 0 1. 5\ Lenore M. N!:!lan 8900 1·1Padowla r k Driv E' Li"km;,,od , Colo rado 81.226 3 Pa ricia & W1lliam Park 4 25 ·:csa Po'ld Ca scad~. Colcrado 00809 1.5 J ohn Po arf 68GB Sou h Prince r 1~cle Littl ton , Colo rado 8 0 120 Ill F.ll>n S. & Andrew J . Poy 1601> So u 1. Kl 1 nr• Co :rt I.ak >wood, Co l n r .ldo d0226 3t Jun e B. Stovik G442 South Bitch Circl"' Littleton, rolorado 80 1 2 1 L~\ Bet y L. & J ~e A. Wilcox 9:>0 We s t Arapahoe H.nd Little on, Colorado 80120 l. 5% • I • • I -- • • • - STATE OF COLORADO • D EPARTMENT OF REVENUE LIQUO R LIC ENSE APPLICATION ADDENDUM To be completed by each md•v tctua l , p artne•shtp, or corf)oratton ltfJunr hcen~ NO l•quor ltcMse rene wal w ill be processed unless .all questaons are comnletely answered . An y FA LSE a nswer o r statemen t made by applicant con stitutes PERJUR Y, and th e pe rso n mak.ng su ctt false statment subJec ts any license tssu ed herem to ~ 1. Name of l tcen see . Enco r e , I nco rporated "A Colo r ado Corporat ion" 2. Trade name of Establishment : -=..TI:::'•::....::S.:::o.:::ut:::h.:...::Do=o.:.r __________________ _ 3. Address o f Establishment: 5470 Sou th Broadway; F.nqlewood, Co l o rado 80l10 4 . liquor L1cense No .: ....ol.:::l--'8'-'6'-'9-'7.::.9 _______________________ _ 5. Do vou have legal possesston o f the '•censed premt se s? _Y:..:•:.:•'---------------- 6. Are the prem.ise d own ed or rented> _Re_n"t'"'e-'-d--------------------- 7. If rented, from whom Gras t o ke, Inc. 8 . Effec t•w date of the lease --'8"'/"8'"-/-'7"6 ____ _ Exptratton date . __::8,_/'-'7/c.:8:..:1 _______ _ 9 . Do you or any member u f your tm medtate fa mily (father, mo ther. bro ther, stster. children, have a financial interest in an y other lrouor license or 1n any cornorat1on that holds a hquor license? (Such financial interest to in cl ude any eQuity, tn terest o r loan. I If answer IS yes, ~xplatn 10 de tatl. rXJ Yes n No Name the orher liq uor establishment 1f your answer ts yes Sec Attac hmen t U 10. Does any person, firm or cornoratton have a fin.mc1al mterest tn vour business? Cil Yes 0 No 11 . If the answer ts yes , state the name. and the address. of the penon holdi ng such fi nancial intemt, .,d show the amount of such ltnanct al •nrerPs t · See Attachment 111 2 12 Amount o f your tnvest men t tn the bu~tness O ngi n ally -$1,365.00 and 10 0\ o t £ncore '!ll time 13. Percentage of o wnershtp the above wdl represent 14, Are you now an acttve ~rt tctpant in the mana(fement a n d operation o f vour licensed Pf'ftnt .. 7 Yes r] No 15. If somebody e lse wtll manage vou r establ•shmen t , Qtve name, address. date of btrth of the MANAGER , and SJbmtt copy of the "Ma na!Je ment AgrecmPnt w tth tht s quest10na•re . Kenneth M. Kershaw, 2986 S. Parker C . : Aurora, Colorado 008 4/15/51 "ManagemP.nt AgrPc-mcnt" r reviOU5 ly s ubmitted to both state and l ocal liquor l icensin q author i ti es. 16. Otd you enter tn t o a "Management lease " aqreement Wt1h vour manager or any other penon? [l YM r X No If the 89'eement IS tn Wrtttng, attach I copy • I • • { - • • • • Page 2 · con tmued LIQUOR LICENSE APPLICATION ADDENDUM 17. Hate you ever held or do vou hold any financial interest, direct or in direct, in any retail li quor establishment, distille<y, importing or whol-le liquor licen10? li<J Yes 0 No If so explain : See Attachment ~1 1&. Atlach copies of .,Y writ11'n ~tor details of .,V oral IQreftnent, by wh ich .-ty person tincluding a mrporation) wW sh~ in the profit or groa proceeds of th is establishment, and any agreement relati ng to the premiii!S which is contingent or cxmdition.l in any way by volume, profit. sales, g1ving of advice or con-alltation: Limited Partnership Agreement previously submitted to both state and local liquor licensinq authorities. I understand that a false an~~~Wer to any of the foregoing wi ll a~btect the appllcatton to den1al or a hcentr rwocation. I cet"tify that all the informatton tn th is applicatiOn addendum 11 comptete, true and correct. Enoore, Incorporated Septerrber 7, 1978 o ... Subtcribed ~d I'NOm to before Me th11 ----~7t~h~-----------~yof --~S~e~p~t~e~~~r~------------------AO., 19~7~8 ____ _ My commi~'"" e•pu·es: __ ..;2;;.1..:2..;4:...179...;... ___________________________________________ _ /l, [_, '~,1 ) '/ / -. /'-( I ( {_<.__ Notary Publ•e • I • • • ~lOt. II(. "·~C.tS ~' ... ,1-f "" ( .... •!H l.L ~. ,_ f It' t.t,.ot, n, lA ,., ;, t. !: ·"11 'V(P ""liO) !I.C:."'I ~ .... A •LA w .:;, •f f · ·~~.c ~ _ l • 11: , . c·11r::R~•,. .< ... "-!:. •r "'" ~· ·tt~Q IJ I .t.~.t.T .J.,.~..,, .,,, .., ""CI "''•"'o At,.. ... ' I ~ •t:S '"'"I." 'I I;~. NOBLE. I''"' .J. 11N .J N 'Jl '.I NS .1"' 0"'" 101 :O.l AS I,C'"' AC'"''"'' C: ""4"~1.•4 R !) r ..,, lol " ll't lr l lol ,~t"I N R C.d•;tH .J ""'~'"le'•• r rrn:.:.e-~·C'. t• .J ~ '' !: ~-<•L ~ r 1: t:O•' fl • ( • • - ~ GORSUCH , KiRGIS. CAM PBELL WA.L K!':R A.ND GROVER AT TORNe YS 1\T Lf\'N IZ~O AMf:qtC.-''11 N.AliO-....t.L 9,t.\,jf' 'iUILOIN,- &Ie SE.,.f:ll,jTt..ENTH 5TPc.ET DE:NVER ,COLO RAO O 80202 r f'I .E.Po. C Nf JO) 51 .. •?00 July 28, 1976 Hand Deli vP.rad. . ,.z:. ;; t:~t ·•un 1ier.s o n ·:·.-~ ut'/ IJ il·e r.:t:or Dop<~.~tment o f Ro venut- L~t1nq )i ~tictor Liqutr Ltcon•ing ~ Control Div18ion .-• .:lt."' Ct~;>J.tol r,nu~x, 1:.>0111 4:J4 1..'•7!> [;hex·m.'\n "o:.rertt ~an v ~r, Color auo 80~~1 'qt.o: i':1 !•:oro Incorc..:l rattH.I -rten~wll l ,,f I .icensett t-o 1->ol l l''e .nuentud Malt: llftVeJ:A gP.e Vcac r•r !!er-JcJn: J( . .,, .I "'"'0 J ,_ <. ,. • ... ~ L~ow, . .,; J.• ... ~ .. ... ·~AT I ... Str 11'_.£.., 1'00 ~ NCA"' 0 • .10 N P~ Y(L "08(1U I' . ..,, 5· "' ~L ,,. .. "'•c:rv .. •. IIP IA,._ T (".-,..p~[,l ..,,,. ..... ,,. "1.('1 • L''"' w {Roue ... ""'C •LL .J '"''"'~~ .. £ I :',,>!'),) l loiA '•N c:.. .. c. T. C'•J•t .. 'J,. o:..r \lollS I' J Aio lON!"It .,, ~ .. s co ...... .•OH N 0 TtiC'N P,iO "' CLIN r :;;, • ., ~.w T T \!L(t t ['6"it ,., A#IR 8 .t,R4 S a .. .._l(S aAI>CC -· M (''l .. I'A R A"4 ('!U P COlVC !!t ,. .I"I:CI AL C OU l'o ~IL '!'hir~ firm n tonutentrt fifiCOrfl! InCC\l"pO 'C'IItfld c•Ji:n cor tt ~) r • d , A.B t h G reu;ul t of a n in!'ol'l!l41 .lle8ti nq 11n:on g tJI•t undttJ(Mi qn r C::, '1r. L 'lrr.y !J \ . .s!Clln of gr.C'.nre &nd "ir . ,T .:liu~t i'C('nt not t:he ('livi,ion on .Tuly 26, it· was thought anpropriat,. to direct un inttu i ry to ynu c cnc erninq 11 tu chnic~l c o ntrovrr11y h f'tveen our cH~:~nt •nrl the Oivi•ion st a~t. u o!J uf ully , t1ti111 inquiry vi J..l rttuul t: i n the informal ;:-esolutior'l of. t hf· mdtt~r . l~r . !!:ttnt }-.novR C\f thifl letter . Tnt , c •)ntrovur •y cmv.:ern• vt>ettu!t r P:n core 1• to h u r ft n•l i red t o a 9r.in .rftlo;~ oriqina l appU c-aUon8 for l iC•r\888 to fllt'l l fQr,.ent .ad ll'I.A lt ~~Jeraoeo f or ~ft ch ~f threo ~~oa r 1p hic~lly ~t•p~rs~~ lo catior~ Y L thJ.n t~tl llt4tl"! • .,l•tly by r ea ton of the fact th~ot it is u ov a Coloraoo r.:orporftt1.on rAthe r t:h a n a 0 @1lawl\re c:>r!'lOrntt.Nl. F or the tea~·nnfl exp t'tU IIft C ""r' ;n , v., r•,•n.actfu llv r fi<1 Utt l t:h at the r.t., e.rt - .nunt: uxerci:t 1.t11 '"iluin iat.c;,ti\'e (ji~~tc r•tt on a n C! all ov Encor e tn c:ur .t~n"'e 1 tn prP.II"l!"lt'. 1 ~f!>!",.ftfl l.n full l"n:::rft an ll -,t f~'>c t 'lf'i'.:hout the Ot.>CI\ns ty o t. oo!.'lg throu ~h •>nvtJ a'lt. tec-t m (cll1 \"ettpplica 1.o n:. toe 0r i1 f n al lJcenoeg. 'fe b41!l i e ve 4 brief hi et:ory a n(\ hA •l kqrr.und !IV', r "'r~,l\r.. put thCI probl\!!.l J n proJ>4!r r nra ~-....:t l v " insofar .,. nur cU.en~ ',. i .lt e tG el ~ .trr .::o m .. el·cvt • l;r.r:or_. wa111 nrt~; rH\lly ~, .,.,.,..., a11 " f'<·l 'Ma o co~- • )"')J A 1: lo')'} L·· trauther 4tt:Ot'llPV. nl'l..,rtly l"!•"r''"''~er I t h 't r•r in c.l.rd lu of .i::n uo::-tJ .:4l••e to tt>J ~ !irir 11 nl'! rn!JliNf'~ 1!8 t 1; ~-t ... nr1 "" <,rt •r~•t·•'­ c,rpo •·,.-ce .l!f'!.ir8. l'h " prindp&l!t we r-e Wll.,..llr.e r.a tc •t hy t:h e ot 1or at C'l'ney hsd utiliaed a D ~l&w4re cor 1 ~ t 1 on, h u t 1 lll.nl.•! • I • • I Mr. Steven Btirac n July :!8, 1.978 Page 2 • • • they !lad incurr o~ signit'i.::.tnt f .vu i n conn9 cti o :1 Hi th such in ~or­ poration, it wah 1~ciderl to utilize th ~ ~~taw~r~ co roore •ion. !·Ia had info:::-mal ly raioed the point G t i1::t t in the l o ng. run ~ Colora do CO":)>orat!cn might be 1~:11 ex!JA•l ld.ve i r: tu:::-ns ot corpora !:e a nnual feas and ~.•'! a I"'Iro acc@ ptah l.e 14i::qnl entity to '.oca .l. li <:e nll- i ng aathori t i P-s. ;fa proceedfld to "clo::an up• th e +:e chnical ~s o e~t8 of t h u ~elaware cor~ratio n so thlt it coul~ ope=a te in Colora~o. 't'~ia wag ,,cc omp ljs~c!r~ in late 1 <!75 and early 1976. Th~reaf t er, r r.co ra, a s A De l~twar~ corl:IOr..;.tio;, was: issuec1 l i ce r.- !H?3 for l o c~ti on a in '!'hc.rnton, r>u 11 blo · .,r ,1 2 n <;l'lwr-oci, Coloraao. In early 1 977, the principals o ~ ~ncor e c~~e to t~e c~nc lusion th~t incorporation in ~el~ware waB not practical or appropriate for the activitie s of Encora, and it ~o~as ll cit1e<l that it ah.>uld ':;lc reincorocrate.1 i n Colora<to. ,t t h a.~ i me t.h"! s hareholde:-e, cl'fice rs and <!i r r"!c t ors of F.ncnre •4 , :z:e ... ,_~D rs •. Tir. f'P.r son, LaJ:ry D•1:1r.an and .Jt.m.-r.y '::'rujillo. Wo ~t d viCJ ed thr~t the l:'.ergar of the Delaware corporati on i nto a C"cloraJo c o rvoration ltould be the :.···st n ra cti Cc'l.l al t<~:'"'lati ve ~1 nca for t x p r.po:oea 1 t would be a t .:;x -!r<M ~16o(<l) (li (r') r e organhaLt.on -<1 ;r.~re change ~n the stl\te of in co r por e~tio n . :-our t h.~r~r.nre, i>y oparation of law, aa :-o n tr <~.':!t '?~ to -::o i"ltr<~ct, the !'J t.rvivi n<) c o .rporation would-- "poBSC!JS 1\ll thfl r ig h c~, prl• i le<jtHI, i i"Cl Ufli t ~E'~ and f ru n~hises, of ~ nubl ic as ~ol l ~e oriv~~~ n3tu r e, of ••ach o f t 1lt! 1 :.:•.:-~i i;,g ••• co pr,rlltic~at s n .1 all prt.p - •"\rty· ••. "'.ntl. •mry othe r !ntllr~'lt or 0!:' b e lon')i ng to tHch of tho corpo ~ati cno ao Mflrged ••• ahall be e crr.od t0 b e tran s 1'c rr.;.1 t.o a n d w:s t e 1 in s u,:·, ainqlc cor:Jor.-'tion wi thaut fu t t:hc r act o .. d"J~d • (57-7-l'l'i , C .P..S . 1973). Thereafter, tho orincip!il::J of Z:ncore ca •J od ~:,,, Le fort:~e.d a C'.:J!.ora~o corpornt1on known ll'l t ?rR Corpor1.t!nn .;?lely for pu.rpo•eP o f tiE\ :"•'t"':'GT.'. ;noR w.u l.1corp or ted on l'•pril lq, 1077. 1.',·'< \.'aa n om inlll:r· funded no th at Al11Uv isAU!Jc1 shll ... fl a woulc! ·• outll t i\ndi nq n nci t'la t \·1FT! Rhar P.hc ld.,rs coulJ npprov., t l . ., merger . MI:'Rers. Par11on, ~uncan a nd ':'rujillc> ..,eru thE> on l' officere, d ire ctorR a n!l nharoltolt.lo ra Of Tl;'R. l"ln 1\~l."il 2 .-;, 1(!77, the pl4n of merger ..,.B ~pp rovP~ a nd the approprillt"l ArticlAe of ll~rger f o r Del aware a nd Colorado were "x,,cutet1 b~ th(\ principal!'! i n their r ~ope~tivo official c paciti n, ftnd wPro therr after f.il~~ in Dl'lawaro Al'cl C()lorad., 1.n el\rly "lly, l077. As part of. thr: la,, o f! ~tor~u r, t e n "lt .· .. of l'iT'R "'its n.>lended. to Encore •l~ultaneou e ly a t the time the Color do Secr eta~· of • I • • I r ,;:. Ste•,en Berson July 28, 1978 Page 3 .. - • • - State accepted the Article~ of Merger which ~lao effected ~nP­ trans!or of assets from old Bncnre to new Encore b y operatic~ n ~ law. The use o! another COr}~rate name for in~orr~r~tion in Colorado was necesai tated bv the fact Encore tu t1 n ame was not technically available due to old Encore being qualifi e d to ~o buoiness in Colorado. ~ho merger was c ft~oted ~ftY 3 in Colorado and, by operation of the P lan of 1·1erger, the three pri nci?als of old En core exchanged their shares for nww Encore shares an ~ thereby perpetuated their Game-verc!!ntage intereste in new Encore. Th e oriqinal ~<i."R shar~s (1 each) issued to the principals were cancelled ao as not to d istort th~ir respective ownership interests •• in old Encore. to.TR carried on no business activities until at·ter the merqer was effected. . We cannot argue with Hr. Kent'• aaeertion that there waa a n~ leg al entity involved in tha P!n coro o p eration~ at the ti1te of r ~rger. We d o, however, fe e l t h ~t such a chan9e should not in thia case have the impec t of req u i~ing Bncore and its prin- c i :">als to g o to t !'l o sig ni!ioont ti n e ana e .. pt:ns e of rest..b mi t .ting three original &P 9l icationa for licot!8e s . The t·e ca n b e no ~er io us q u e~tion that in au L st a~c e new fn cor e ~n~ ita ?rincl- r ala we re ~xactly ~he fta me r~ olJ ~ncore a nn i ~3 ~rlncip ~l ~. 'l'he only chanqt> was the sta te of inCXJrFc>ratio n. The Co lora J o corporate statute 111a ke o it. clc r that all of thr:' pub lic rights, privileg(Js, and franchi ses of old r.rcore bescamo V<'fl ted in nE>v l.acvrfl, a nd certainly the li c:!'r.Sf';~ in q ue a tion c ou ld he co n~i dered as pri vlleg ~e of a pu~lic nature. Ce norally , the vestina of right:e by opera tion of law i s not conciderE'd a tr a n sfer as t hat te rm is ord in8rily un ..1er stooo a nd g e n<'r4ll"r used in ~t atu t es. ~o r ex am plft, tran•fera of P•4•onalty in a n·c rger aro not sub j ect to Color&d.:, s ales tax. Thus, J t i s arguAble th~t there was no transfer within th~ ~~ri ng of S 12-46-106, C.R.S . 1973. Consider also the fact that vho n ~r. Cu ncan submitted his appli- cations tor license r ~newals to the local licenainq Authoriti es, h e a loo oubmittec.l a ltttte r outlining the merger and applied for tne license renewals i n the name of nG w Encore. Thua, the loc•l authorities we r e mad e aware of tho corporate ch&nqQ ~n d a~tad accordingly. Th e re fo r e, no new intor~a tion would b~ submitted to the local a ut horiti~e even if orig inal appl~cationa were to t·e req uired to cure the technical point rllia@d by the Division • • I • - • I :·lr. Steven Derson J ul y 28, 1978 I'nge 4 • • - P.equiring original raapplicationn by o ur client would aarve no pu _·pose other than to cause it aignificant lOd~itional cost and expenae and perhaps cast some doubt on its continued goodwill and cre~ibility with local authorities. Our client has expended a considerable eftort in ovorco~:~ing the often antag onistic e ~ti­ tuchHJ toward .3.2 establiahments on the part of local au thorities, and is extren1cly aen~itive to potential adverae r -.~aults that might arise if the State require• reau!:lmiau i.on . Ho wever, we do h.cl i r!ve that lccal authoritiea woulJ ba compelled to grant the 1 icenses um!er applicable j u:Hcial guide line n a ince the only change is of a hi9hly techn ical natur~. I :t our opinir>n, to do otherwise would be arbitrary and capricic.ua action . See, e.g ., Doard of Co unty -:or.un'rs. v. Salardino, 136 C0 lo. 421 (19S7J. 'i 'hu Rtatus quo alrci\CiYin ef~~ct would not be chan<J c a . r•Jrther- more, we believe that t h e i~cts evidence the l ocal authoritiea' acceptance of the change to new Encore since they wert· f ~lly il•forrr.ed ot the c hanq e at t ho limo of renewal. , Jternatively, we bvlie·.·o it within the ran ge 0f a d::.inistrative .~~scretion of the J epartment to '"·aive the ter.h ."'lical re<J uir'!toent bei.n<J now assorted . See~, <J .<J., ! n c rthu t v . Si~=:::Tt:ll, 122 Colo. 155 (l~SO). '"" do not feel tha t any car.gero m; -f'r'!lcedent would be oet since the facta o f thia csao are quite uni que. ~·u rt !'lt!r, ~vo.m adopting such u qeneral policy bnned on ou.· f .lCtfj would not aeam countert>rcductive t.o tho ll C'pllrtmen t ' s concorns nnd le~irl­ lative policy ainco there ia no s~batan t iv~ diff~rencc on which the decision to issue o li c~~se c.r no t could t u tn. Fi nally, we arc unawaro of any publiahed Colorado authority on thia point without tho knowledge of wh !ch Encore could be changed. rt r. Kent maltea roferf'nce s olely to th e licenainCJ s tatute, an old 1Q53 Attorney Gen eral 's opinion regarding c~an g ea in general rartnera of partnerships and an oral confenmc01 <r·i th a former 1\t.torne y Genera l concerning a aaerqer which e cullittedly d id not involve einilar facts. We a ro reque s ti ng a wn ivcr o f the t echni- cal resubmie aion requir e~~~ent i f in fact it dc ."\a 4pply in thi a c ase. The 1953 Attorney General '• opinion cauaes u 8 no c oncern s ince tne opinion i s in accord ~ith the leg al effect und~r partnershi p law. ·-h e oral opinion i a not something our client should be charged nor do we b eli,..ve it to be a ub atant ive .suth - or ity. '""' ree~pectt'ul!y requoat tha t you conai ..l cr t.hia matt~r. ;io p efully, you would be a~:~enable to our poaition eith~r lugally or a~ a matter of adn\i nistrative ui acretion. 'fo auppot t the factual a s a crtions we h ave ma de herein, we enclose copiea of the Arti~le8 of '·lcrqer 1 Plan of ~e r<,Jer 1 executed corporate min u te a authori:rinq the merql'lr and t h e l e tte x o f explanation to t h<l local aut~orities • • I • • ( • I '!r . c:t.ev ~n ne.t"!!OO .: ··l ') 2 3 , 1 '); (J ,u.( .. ~ ~~ • • • ·~1·. 11:~•1 t. 1 n rilc £::.e d '.o .JI I t!Hl t yo e r v !f~c i z.l :a:o ilci tlca .. n~ <.l'JU.r !l r !.']li t o :;,·,i c ,t;;~·.r ~i1 \i !1 e prr..>b :lo .tt!l fo r y ou ~s t o ~··he n t his r.H.t e r r .. i <_;ht: bu .. ::-r.s l..:!e r e.l, b t~t. ·"o respoct f ully r.-.;;.q.;e'!lt c o nsi c ,.r~tio n !~ f~~r O ~X li~S ~ ~O :V e n i e n ce, Our c li ~n t, a n~ ~D Q 7~ !U£G .h ·. '\e r.i . ,.,ill aq r e e, h a .tJ made a l l rna&.')n~::,l E· ·~~:f-:>r t t:=~ a ·v "" t+:~ ~d.!'.t:IJne.:'ls t c c oo:::orote Hi t h tl'a Dq~tlrt'rl er.t 1 ::-. th is r~.a tt P.t:. ··r. Y.·!nt has t>aun most cooper.!.tiv a ~od.t h i a th'l p ;. ":'rll"e t ~ro to tvl:lc:1 ne f eel3 b~~n d, ~u ~, obv1o u3 l y, 1! ~~e ~~ i~ 1:~ ~e a doci wi oa f.,,vor!l!)lo to '.H•r •. :lj,ent, 1 t-mu!lt b .-:: .~3 ·''! It t: th .~r !1~~-;~;.~,r le'''~ 1 o ~ !Ut~0 r ity. ~hn n k ~ou f o r your ccnsid eration 1 ~ t h i~ r·~t to r. :'?H/e<.: c.t :: .'T r, L.:.:-ry IJ un c an '!r. Ju:: i '.l'l F•.'nt Yo ur• v •ry ~r u l y , C":ORS UCH, KHr;IS, CAHPS.l>LL , ~11\LKE'U~\~A{R~}Wt[) B y-=--"~-R....,F __ w__,_ --:..,..--- Rotert P . Ui )wo n • I • • ( • J .D . MacFarlane Artorncy G~n~r al I • • • ,_ • (· 1'-. Dav1d W. Robb,ns Depu ty Attorney Gt!n &ral Edward G. Donovan Sol tette-r General IDI1r ~tuft' uf illulnr<tllo DEPARTMENT OF LAW August 21, 1978 TO: Steven V. Berson FRO~: Yvette P. Fossum ; ~ .... SUBJECT: Encore Incorpor a ted -Change from Delaware to ~~dE c orpo ration -iMn~ct on 3.2 lice~~P STATE SE R VICE S BUIL:JING 1525 Sherman Strt•t. l rd . Fl. Oenvt r, Colorado R0 20J Phone 8 39·3 61 1 & 8 39 ·3621 You rec ently reques t e d our opi ni on on whether Encoreinc. (a Colorado corporation formed by merger of t he Delaware corporation Lr.c:ore Inc. wi th HTR Inc., a Color;-~do cor-poratjon) should be allowed ~o retain the 3.2 l icense of its predeces sor Delaware corporation. The Depa rtmen t's authority to g rant or nmew licenses is sp<.!cific - ally limited by C.R.S. 1973, 12-46-1 06 wh ich provid es that "all licen- sep grant e d ~ursuant to this article shall be nontrdn sfe rable .• Rega rd- less of the similarities of the two corporations invo l ved he re, they neverth eless constitute leg<>.lly separate and distinct entities . Thus , allowing ~ncore Inc . to retain i ts predecessor 's licen s e would be authorizing a transferdble license in contravention of statute . Encore's a sser tion that administrati v e agencies are empowered with wid e discretion, a lthough correct, is innpplicable in t~c prese nt sit u dtion . It is well es tabli shed that notwithstanding any di scretionary powers , agencies cannot exc eed their statutory authority. ThiF is pre - cisely what Encorq is reque s ting that the Dep;J.:::trnP.n!: do. It is ther e - fore rccmru~cnded that Encore Inc . ba r e quired to make new applicati o n for a 3.2 licen se . c:(T . OF ~[\"f ... in'UT Y o1 :.c.::1~.: • I • • - ( • • f ,i~~ ~o utn Maa~son ~~~~ Pen ve r,Colorado 8020 9 l-"68a-• ..,K~ ['"'t"r'''f\..-f l""f"'"~rJ rl\1"2t}t l<A-i'.,d'=l!!oM (303) 35 5-3591 • • • HISTORY Encore, Incorporated , originally forme d as a Delaware Co rporation on October 9 , 1975, licensed to do business Jn the State of Co lorado on the 20th of January, 1976. The Boar d of Directors and Shareholders elected in April of 1977, to becomn a Colorado corpo ra tion. The legal staff of the Corporation determined th ~t since En core, Incorporated, a s a Delaware Co rporation, had been licensed in Colorado, that ne c essitated the fo rmation of a new Col o rado Corporation which wa s to merge with the Delaware Corporation, the survivor to be known as Encore, Incorporated of Colorado . On April 18, 197 7, WFR Corporation was incorporated by the State of Colorado. On April 25 , 1977, WFR Corporat ion wa s merged with Encore, Incorporated nf Delaware. On May 3,1977, the State of Co lorado issued the Certificate of Merg er of Encore, Inrorpora ted (D<o!laware) into WI'R Corporation (Co lorado) and wherein the corpor::1t.:1 name is changP.d to Encor t., Incorporated. -.. -;.-.. -~ N. Duncan, Vice President and SPcretary , Encore, Incorporated NOTE: Corporation Oocum n tation is available upon request . I • • - ( • r • I • • • COUNCIL ACTION REQUEST LIQUOR AND 3.2 BEER OUTLETS APPLICANT: Be 11 evi ew Bowl-0-tla t Lounge, Inc. 4900 S. Federal Blvd. TYPE OF ACTION REQUESTED: New Stockholder/Director Vincent Siano 34 % owner of stock POLICE AND FBI REPORTS: Attached PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENclWAL: N/A CITY ATTORNEY'S REVIEW: C<l.M:NTS: • I • • f • '1~· •. ,: .. \ \ i ... .. .:.~ • I . ~ • .JRL. 4 C'4 · A !Rev 1178 1 • • • STATE OF CO LORI\00 • DEPARl MEN T OF REVENUE LIQUOR LICEN S E APPLICATION ADDENDUM DA TE F eb ruary l 5 1978 1. Corporate Name : -W_leview Bgyl -0 -M a t I a unie Inc 2. Trade Name 3 . A ddress 4900 Spytb Federal 8ou 1ey.ud £natewaod Colorado 80110 4. State Liquor l 1cense No. -----------Date o f 9efa..m Change. J2 (Joe 5. L•st below the of ficers or dtrectors o f the coroorau on Pre std~n t Ceorae W p arsons lr Vtce -Pres Treasurer John I Byrne III Secretary Manager Arne Ne I •e HOME ADDRESS {Sir-t No.,CttV . Sule, Z1p ) ~Mmza c1W 574nn 96 Hillcrest Dnve tJa,•ue, tle d~l!le) 97479 6 . List below all Direct o rs o f the corporatron (a t least 3 are requtred by law): NAME HOM£ AOOR(SS lltr•t Ho . C•tv SU>tl . Z•l Ceorae w P •r •e n ' 'r ~59. CH~"6i400 Jo h n I !}'CD' TIT 20 Hillcrest Prim Wayne, New Jeraey 07470 Vinc e nt A Siano DA TE OF II IR TH 11 /28/42 JO I ]Sf li 1 3 /28(] 1 DATE OF BIRTH llJ?R /42 10/29/43 10/21/40 7. List all stockholders ownm g or controllmg 10% or more of the captta l stock o f the corpor1tion. (Include actual owner or pledgee I Use seuarate shee t If neerted· DATf OF •tRTH NAME -., ITOCK HOM£ A.OOAlSS l$1,..1 Ho Cotv , IJ• .. .ZIP I OWNED •••• a• e b labg I ftyrne 1 IT --&&I:IU!... a. ehoyc V in cent A Sjano 11me as ebou 8 Have anv of the above namrd ofttc•n or stod holders ever been convtcterl of any fe lony or vtolattoo of an • hquor law tn any federal or State cou rt of n•cord m the State o f CoiOfarlo or any other state> --JI,Q_ If so. ex p la~n fully 9 Do any of the ~rsons listed 111 paragri}fJhs 5 and 6 above now own any stock or have an tn ternt, f inancial!• cw other~tse, tn any other atcoholtc lu1 u or or fermPnted malt beverage license tn the State of Colorado ? -lA._ If so, e~~tolatn tully hy sepa•ate lcttf>t 10 Don any penon _ ftrm or corporcwon h ... , .. a fmanctaltn terPst evtdenced by loans o r equity ownershtp in t t:M,smeu for wt,, . ., th•s t,ceoSI' t\ rttou ,,,,,p -&.__ If thl> an r tS ves, 'ltate names and lddres1et 1 •tnat.mt 11 Datf' of fthnq last an,uel rorfloritt r<'Pnrt to thf' S.·cretdtV of SIGN~EAE le!l •vuu le 1 0 "tt 1 GJR@8 lrti¥. ".to ........ ( -'""'OilED B'r' LOCAL LICENSING AUTHORITY IV ., ... -'""'011£0 BY STATE LICENSING AUTHORITY ,r ..... • fiAT£ ---------------- I • • ( ( f BACKGROUND INFORMATION REPORT City of Englewood 3400 South Elati Street Englewood .Colorado 80110 • • - ORP ORATION Oty Cleric'• Offlc• ------ T,_ of Application ----- Addr.s•llocotlon ------ To B• Ptinted By Ap p li cant ea .. of Application ----- I, N-_S"""'-'I'-'-i!C.N:=-:.__()_.:..y;.....:l...<e,tJ:...::(.....:~:..=:AJ~T--...!.~I..!:~~:....!T.c.!'H.!!•~,J~Vr___ 2, Homo r elophono: _,.~,._,0"--/._---=~=8,:...=~-~--=~"-'1'-'9"--i.,___ lost firat middle ( 1 Ho-Add .... , ~~~ Btl/ All,, lti/Jt9/t,,,k Jlln. ~..r. ''~:. ~'0'"' -~8.....,.,Hcaof.'-"uL.3.s._.r.___-"-l_.f'--'7'-'l'------ •. Employe<: C4L~ kiHf:ty ~N;< f?__JII. A. Buo ;non T olophono: eX ~ / ~ ?tf ()J 4 lJ II . Sod o l So c udty Numbo <: (}~ ~ -.,j 1• .:;."} J, 13 , Applicont'a We ight: --''-=..::O:.....="c_---14 . Ho1r Color: __ __,S=..:::Q::...::f..:•c:....c~:.c_ ____ _ U .Ey o CoiO<:Bf?IWN 16.Appl;cont'oPiocooiB;,t+,, JJiw Yl&lr ct'ry u .... C..I,h•»o.p : U .J.d . 17. A~p ll cont'• o ••• of Bl•t+.: n I l-1 I ~ 0 18. o.;,.,•. Llconu Numbo <: -=..S _,"I'-'o'-"~=Ol __ 7:...=v;_]L:.u.C-L/_-_ ... I_.o"--Jcfc._::()_'L-=::c_-- l9. St•t• of luu• for Drlv•'• Llc:.ns •:-~t/'-'---"'3"'",_ _____ 20, Has You r Or h•e r 's l1ce n ae E"'•' Seen Su .,..,~.d or Re voked?: _ __,,Jc::_..:O:._ __ 1 c ...... Occupo!lon: 8TTiJnN e ~~ ~ -& . I ~ 1. a.,; •• ., Add.ono J!llltt1U.J;o/IJ'H ~6 rl tf>l, ·l". 0 J ·~... • t Appl l c:on ,•, Se11 : ,., A ... C, 10. Appl icant's Race: 1tJ tl1 [C....., -' II 12, Appl k ont'o Hoiohu .ai // 21. If Yet, State Where ~ When and Why : --------------------------------------- 12. lht All Atre1ts: (U .. additional po,.r if neceuory} _____ _.tJ-'-.tJ"'~-->e. ______________________ _ Lht When, Where oncl ~ Final Dhpotltion : __________________________________ _ 23. L i of All C i•il Act!.., ln•ol•-ont (lncludint do •o«oo) Alono Wot+. Nomoo ond Add ,ouoo o f All Lh;oo n h , Dot.,, Plocoo ond C ouooo of Acti on : __ _ 24 . Appflunt'• &tonch of Mi lltory S.n ice (if appl icab le ): ----.C-4-..U.'-----------25. Term of S.n·ice : __ __,AJ~/'-'/9'-L-__ _ 216 . Ty,. of Ol sduw .. : _ __.LL..._...._ ____ 27, Dote of S.potehon or Diac.horge ~ ----L~~-4-~~~~LL----28 . Where7 : d /A --4'-+~'----30 . Li u A ll Prn•ou • St atu Rufded W,th,n (•nclucf lng millfor)' 1er vice): _,ft/c.:...,eL..:W;.=.....,y,_.O'L<£,._/;, 1 ._ __ ~ri.J address front-to 32, If Ewer Oi •chorpd From o P o t hlon, State Whe ,e , When an d Re asor.: -------,F -'--'-'------------------ 31. L ht Bon!.: References of Ap pllcont on«< S,ou te (If differe nt): ·-· "*··· type of ec:ce""t .,4 nwMM, tlt#6-~stolz._o • • I • { • • - BACKGROUND INFDRioiATION REPORT PACE 2 addr••• telephone account )' ci r ,· &A.J fc 1 fC • '/. .. o. List Thr" Profaulonal Raf.,~ca•: t i i'Aa "nown It ~~~tJ F . f eM~ £r.. ) It .. 1. l1 Your Rasiclanca Owned ot Ranted?: ....JISoul;o!~N,._,f~l>~-•C2 . If R.,tacf, From WhCMII : ---------oddreu: -----,..---,-~--- ~JM6it.4 tal-t'ona: 3, Ia Your Ra•ldenc:a Mortgo .. cl ? --+Y"E-::Sc._ ____ 44. Who Holds Mortgage : .S,Il(t'o!C Sf /e ,)/1,/ ~.>~uo..._ ~· "' ~ ;z, o.~ ... ., M081Ho14f 7 r/to UA+e.l rJ • t"'. oelephone : _..:<>(:>...0=-<-/_-_..t.7:,;y._,(.,"----',...>e:::;__,~.:~"-"(}~()'----------------- ~7 ~. 4"/ IlcJ~-,; 45, If Your Ratlct.nca It Owned, State its Currant Morlcat Value and Annual T o.atlon : :..-L.:='-'~..!LII.II..JC.i;!__.,.---...!.""•-'-':=:.,;:!::...:....:_::_ ________ _ I / 46 . List All Real Estate Owned By You or Your Spouta, or Any Raol Estate In Wh ich E ither Hos Any lntar .. t : ( ttrHt or turol designation c ity ..... .. 7. Hu App llcont e..,., Ueect Any Other Home (s}: ----------'1:....:1:...._ _________________________ _ If App ltc:obla, Li s t NCNM(s ) U.ad, When ond Wh ore: ------------------------------------- 48 , M<o iden Ho'"o of S,ou •• oo Appli con o: (wllichovor it opp lico blo): _,l.::,:,O:..tL',.J'-_C=U'-'Mr:.s.a:flu.itJIIIJ4._.!.._ __ 49. Spo•••'• Full Homo : -~S.u'll~NL..'«-s. ___ _ 50. Spou ••'• Ploco of ll hoh : __ ,o~.s ... s....,,'-·~ec.PL-~:>--;4t=-----L"'!L..:'~Hu. .... ___ 5 1. s,. •••.• Dol e of ll irm :L ... eJiw7yiLI/z..o)L ________ _ -r 1 Qly St ote 56, If .,pllcahle , Li at Se x, Ro c •, He ltht, We ifh t, Ha ir Calor and Ey e Color of Spo u ae: I t I) ,, Sflow~ 57. L h l No nt o(t), D oto(a), Phu(a) of Birth and Add r • .,( .. ) o f All Chil dren : fu l l nHIIIe date of t.lrth ( • • I • I • • • Liquor License--Applicants Only, Answer the .!allowing Question s: ---( S 8. Describe in detail the Building containing the premises to be licensed: ( a. Type of construction::-:-;:----------------------------- b. For what purpose used=---.----.--~---;---:---:-:--:------~-.--.--., c. Spe_s~!y-fhe floors and rooms (or areas) where alcoholic beverages will be so d ,-- ~ved, and stored : _________________ _ 59 . Who owns the land upon which the licensed premises are situated?: Provide full name, residence address, and date of birth~---------- 60. Will the Applicant, or anyone else, conduct any business other than the Sale of Alco- ho lie beverages on the licensed premises =:-:-------::-:------::-:-------::--:-.--;;----- If so, State the Business, includinl! the full name, re sidence address, and date of 61. birth of the person who is to operate it: _______________________ _ If the Applicant does not reside in Colorado, provide the name, residence addres s, and date of birth of your authorized agent in Colorado upon whom service of process can he made in any proceedings against the applic ant pursuant to any statute, ordinanc e, or regulation applicable to the conduct of said business: _i1? ei\J (,·cl§-Jilt! I C ae i'~JU:.'I.P,J_ 62. Has t he applicant agreed to permit any pet·son t o receive, or a g reed to pay to any e mploye e o r other person (by way of rent, salary, or otherwise) all or any porti on or percentag e of the g ross or net profits or income derived fr o m the b u sin ess to h e con - d ucted under the license herein applied for ? If so, state complete details . ______ _ () --·-----------------------------------------·-------------------- 63 , Ide n t ify h y name, address, and dat e of b ir th, the manager of th e c onc e rned premi se's: 6 4. Are the premises owned or le~sed by t h e a p plican t? If leased, s t ate fr o m w hom, i n c l uding full name and residence address if a p p licab l e, Provide c o mplete d e tails. reg a r ding the lease agree ( • I • • - ( ( ( • I • • • 65. It applicable, state In detail any form of Fn ~rta inment .,, b(! offered: 66. Do you have any direct or indirect financial i nteres t in any other business. partner- ship association, organization or corporation, whic h has a retail liquor license or any financial interest i n a retail liquor license in the State of Colorado? YES NO ~o If answer is YES, list full details of any such intcrent(s). _________ _ ·----------- 6 7 • I hereby acknowledge that I have obtained and examined a copy of the Colorado Liquor Code (Chapter 75, Colorado Revised Statutes. 1963). (NOTE: Copies of the Code are available from the Colorado Department of Revenue). • I . ( ( • f • • - INFORMATION CONTINUATION SHEET (Identify number of item continued) I certify that the facts contained within the foregoing background information questionnaire are true and correct, and I understand that any falsification or misrepresentation w1ll result in a r, jection of this application or revocation of license for which applied. My c011111ission expires. _________ _ SEAL • I . • • • - RESULTS OF INVESTIGATION POLICE LAB Fingerprints Photograph INVESTIGATION DIVISION Investigator: ~~~ C01111lents: .1;4tl.H'AL /.h~J /~~,;,_; ~csJ@ ".S-.).J · 78 ,, P. er.r. c. -"'-'<::? ~.e. 7. ~ tJ5"·.2~·Zd k,r~..#-"'.i.v ~J::! 6(b..?? k,.o;,c;~_,7;a.v 7?/v;S/t/rv /#R/c-dZB; AA R~~~ tfJY z.-.lr..r~r4$?· ---------------------------·--- OFFICE OF THE POLICE CHIEF Investigation has been reviewed: ~Approved Chief of Police CITY OF ENGLEWOOD • ( ) Disapproved I . • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING AC T ION OR RECOMMENDATION OF THE CITY PLANNING AND ZON I NG COMM ISSION. DATE : September 6, 1978 SUBJECT : Zoni n g Designat i on -1470 West Tufts Avenue. RECOMMENDATION : Parker moved : McClintock seconded : The Planning Commission recommend to 6 0 City Council that property iden tifi ed as 1470 West Tu fts Avenue be designated as I-1, Li ght Industrial, upon annexation to the City of Englewood for the foll owing reasons : 1. The 1-1, Light Indus trial Zone District , would be an ex- tension of the I-1 Zo n e classification which has been applied to lands within the City o f Englewood, which lands adjoin the subject area and are adjacent to the s u bject area to the southwest. 2 , Because o f it s proximity t o exist ing industrial development, major railway lines and South Santa Fe Drive, the subject area does not lend itself to fur ther reside ntial development. 3 . That the p r oposed I-1 Zone classification will c on f orm to the Generali ze d Land Use Plan f or that area as set f orth in the City's Comprehensive Plan , The Planning Commission f urth er recommends that the following conditions be imposed on this zone designat ion : a, No Building Permit shall be issued for the constructio n or installation of any building or structure on the sub- ject propert y or any portion thereof except in conformance with a Development Plan which has been approved and re- corded in compliance with §22 ,4A of the Comprehensive Zoning Ordinance. b. Th ere shall be a minimum setback of 25 feet from the west property line of Lot 12, Bell Isle Gardens Subdivision, Arapahoe County, which Lot is identified by street address as 1460 West Tufts Avenue. c. The east boundary of the subject property shall be screened as approved by a recorded Development Plan , d. No entrance, exit or loading dock shall be permitted on the east side of any building which is constructed on the subject property ; nor shall any parking, storage of equip- ment, materials or trash, or access other than for emergency vehicl es be p rmitted in the area cast of said buildings , I • • - • • • • • -2- e. The maximum height of any structure or building shall not exceed 25 feet above the natural grade of the site, f. All outside storage on the subject property shall be en- closed by a solid fence or wall not less than six (6) nor more than eight (8) feet in height, all trash collection centers shall be of a covered type and no outside storage shall create litter, be a fire or health hazard or create any other form of public nuisance. g, Lighting facilities on the property or on any building or structure located on the subject property, shall be so arranged that they will neither shine nor be reflected on the adjacent residential properties. AYES: McClintock, Owens, Parker, Pierson, Williams, Draper, Lathrop NAYS: Smith ABSENT: Tanguma The motion carried. By Order of the City Planning and Zoning Commission. • I • • STAFF REPORT Page -1- STAFF REPORT RE : • • • ZONING DESIGNATION Case #8-78 Zoning of 1470 West Tufts Avenue an nexa tion. DATE TO BE CONSIDERED: July 5, 1978 APPLICANT : Initiat ed by the City of Englewood, Colorado, as the annexing municipality. NAME OF PROPERTY OWNER : Antonio Bov enzi 3942 South Lipan Street Englewood, Colorado 80110 LOCATION: Southeast corner of West Tufts Avenue and South Beverly Drive, described as follows: Beginning at the Northeast corner of Tract 11 , Block 2, Bell Isle Gardens Subdivision, Arapahoe County, Colorado, also being a point on the City Limits of Englewood, Colorado ; Thence West along said City Limits, also being the North line of Tract 11, and also being the South right-of-way line of West Tufts Avenue a distance of 69 .3 feet mor e or less ; Thence North along City Limits line a distance of 20 feet more or less to the centerline of West Tuft s Avenue ; Thence West along said centerline of West Tufts Avenue a distance of 98.7 feet more or less to the centerline of South Beverly Drive; Thence South along the centerline of South Beverly Drive a distance of 145 feet more or less : Thence West a distance of 25 feet to a point on the City Limits of Englewood, Colorado; Thence South along said City Limits a distanc e of 125 fe t; Thence East along City Limits a distance of 193 feet more or less to the Southeast corner of Tract ll; Th ne e North and leaving the City Limits along the East line of Tract 11 a distance of 250 feet more or less to the point of beginning . Said tract of land containing 1.08 acres more or less. PRESENT ZONE DISTRICT: The subject property is zoned R-3, Sing! -family Residential, by Arapahoe County. • I • • STAFF REPORT Page -2- PROPOSED ZONE DISTRICT: • • • ZONING DESIGNATION Case #8-78 The property has been posted and published to be zoned I-1 , Light Industrial, upon annexation to the City of Englewood . REASON FOR ACTION : A petition has been filed with the City of Englewood for the annexation of the subject property by Mr . Antonio Bovenzi, which petition was presented to th City Council on June 19, 1978. The 1965 Municipal Annexation Act, as amended, requires that the annexing munic ipality zon any ann xed land within 90 days following the annexa tion In order to comply with the time restriction set forth in th Annexation Act, the zoning process necessarily has to b comm nc d before the City Planning and Zoning Commission as oon a pos ible after the City Council receives the annexation pet1tion . RECOMMENDA TION FROM THE DEPARTMENT OF Cm!Aru ITY DEVELOPMENT: It is the recommendation of the staff that th property identified as 1470 West Tufts Avenue be zoned I-1, Li ght In- dustrial, upon annexation to the City of Englewood, for the foll owing reasons: 1 . The I-1, Light Industrial Zone District, would be an extension of the I-1 Zone classification which has been applied to lands within the City of Englewood, which lands adjoin the subject area and are adjacent to the subject area to the southwest . 2. Because of its proximity to existing industrial development, major railway lines and South Santa Fe Drive, the subject area does not lend itself to further r sidential development. 3 . That the proposed I-1 Zon classification will conform to the G neralized Land Use Plan for that area as set forth in the City's Compreh n ive Plan . DESCRIPTION OF SUBJECT SITE A D ADJACENT AREA: There is an occupied single-fa mily hous on the subject site which is located toward the south portion of the property along with a garage and a small shed. Th trees have not been pruned and the property has a rather unkept app aranc The property is approximately 1 .08 acres in area . The site is border d by W north, South Beverly Driv on th on the south . W st Tufts Avenu t Tuft Av nu on the west, and West Thomas Avenue is designat d as a Collector • I • • STAFF REPORT Page -3- • • - ZONI NG DESI GNATION Case #8-78 Street in the Master Street Plan and has a f orty (40) f oot right-o f -w ay; while South Beverly Drive ha s a fifty (50) f oot ri ght -o f -way, and West Thomas Avenue has a forty (40) foot right-of-w ay. Th ere is a nice single-fami ly home on the property immediat ely to the east which is in unincorporated Arapahoe County. It is proposed that the east boundary of the subject property serve as the boundary between the Light Industria l District and the singl -fami ly district to the east . For this reaso n, it will be necessary to provide an adequate "screen" or "buffer" on th east side of the Bovenski property at such time as it is developed with a use other than resi -dential. The land to the south and southwes t of the subject sit e is in the City of Engl ew ood and is zoned for and developed wi th the industri a l uses . The frontage along the south side o f West Tufts Avenue t o the west of the subject site is also in unincorpora ted Arapahoe County . There are three single- fa mily homes in this area between South Beverly Drive and the industrial property in Englewood on the southeast c orner o f Windermere and Tufts. The property at 1485 and 1501 West Tufts Avenue, and at 4545 West Osage Avenue, which is in Arapahoe County, is zoned R-3, Single-fa mily Residence and there are two single- family homes in this area . The land behind the houses is undeveloped and used for a garden and for storage . The County has zoned the land to the west of this R-3 area, I-2, Heavy Industrial, and it is developed for industrial purposes . The land in Englewood which is to the north of West Tufts Avenue and west of the City Ditch is zo ned I-1, Light Industrial and is developed with industrial uses including many warehouses and the Friedman and Sons paper proc ssing plant . The City Council just recently passed an ordinance zoning the property at 1451 West Tufts Avenue conditional I-1, Light Industrial . The area to the east of the City Ditch which lies at a higher elevation, is d velop d with single-family homes . BACKGROUND OF PREVIOUS ACTIO RELATING TO THE AREA : The subject site is part of the origina l Santa Fe- Union Annexation Area which was ann xed to Englewood in December of 1973 . Th subject ar a was subsequently zone d I • - STAFF REPORT Page -4- • • • ZONING DESIGNATION Case #8-78 I-1, Light Industrial by the City . Later, the annexation was challenged in the courts by some of the affected property owners and as a result of this court action, the annexation was abandoned by the City of Englewood and the area reverted to it's original status as an unincorporated part of Arapahoe County. Since then, the o wners of two properties which were included in the Santa Fe /Union annexation have successfully petitioned for annexation to the City of Englewood . Both of these properties have been z oned I-1, Light Industrial .* RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Comprehensive Plan projects the u se of the land west of the City Ditch in the vicinity of West Tufts Avenue, for industrial purposes. West Tufts Avenue from Clarkson west to the Navajo Street alignment is designated as a Collector on the Master Street Plan. The only question at this time is the relationship o f the subject site to the South Navaj o Street extension tying into West Union Avenue. When the City Council amended the Master Street Plan by Resolution No. 39 in 1975, they designated the Sou th Navajo Street alignment rather than South Windermere Street as an Arterial between West Tufts Avenue and West Oxford Avenue . Because the off-set Tufts /Union/Santa Fe intersection has been so very hazardous , it was recomm e nded that West Union Avenue should be extended east across South Santa Fe Drive making a transition to the extend d South Navajo Street via West Thomas Avenue and this property, which is JUst east of South Bever ly Drive . There are alternatives to this proposal, however, and it would be appropriate at this tim to decide whether or not this plan or another route will be implemented , The staff would recommend that South Navajo Street not be extended south of West Tufts Avenue, At such time a s the Tufts /Union/Santa Fe intersection is realigne d, a tr a nsition from South Windermere Street to South Navajo Stre t can b e d e signed which will accommodate the traffic using this route , COMMENTS FROM OTHER DEPARTMENTS: No negative comments we re received relative to the proposed zoning, The Public Works Department did state that an additional 20 feet should be dedicated to the public for * Mardesen Annexation: Friedman Annexation: Ordinance No, 20 of 1976 Ordinance No. 36 of 1976 • I • • STAFF REPORT Page -5- .. • • - ZONING DESIGNATIO N Case #8-78 right-o f -way f o r West Tufts Avenue from the land propose d f or annexation. In prior actions, the Utilities Department has stated that : "Water and sanitary sewer service is a v ailable to the subject area , A six (6") inch water main exists on West Tufts Avenue on the north and also a six (6") inch water main exists on West Thomas Avenue." Also an eight (8") inch sanitary sewer line is loca ted on West Thomas Avenue, This line is the property of the South Englewood Sanitation District; there - f ore, the property own er would have to petition to the Dis- trict for inclusion , DEPARTMENT OF COMMUNITY DEVELOP ~ffiNT ANALYS IS : In the past fifteen years, no permits have been issued by either the City of Englewood or Arapahoe County for any use other than indus trial in th e area west of the City Ditch in the vicinity of West Tufts Avenue. When t h e County zoned the unincorpora ted area in the early 1960's, they imposed heavy industrial z o ning on the land in the vicinity of South Winder- mere Street, but left th existing houses along West Tufts Avenue in the R-3, Single-family Residence z on e classification at the request o f some of the residents. When the County intro- duced the heavy industrial district zon ing into this area, they not onl y recogni ze d that the trend of any new develo p ment would be other than residential, but established that tren d by z oning t h e land with frontage on South Windermere Street I-2, Heavy Industrial , At the time the City annexed land in this area, the ordinance provided that upon annexation, all land was auto- matica lly zoned R-1-A , the most restrictive single -fa mily z one classification. The reasoning was that the City could go back later and change the zoning, but until they had time to do this, nothing very bad could be built und r the R-1-A zoning. Following the annexation, Bob Cummings, Moore and Hansen Manufacturing, Jeff Armstrong, and oth r owners in the area applied for industrial z oning and their properties were zoned I-1, Light Industrial, rather than the heavy industrial classification imposed by Arapahoe County. Because of the proximity to South Santa Fe Drive and the railway lines, and because of the elevation of the land to the west of the City Ditch, th subject area no longer lends its lf to r sidential development. On th other hand, uses of a heavy industrial nature such as would be p rmitted under the County I-2 Zone District would not be compatible in the area. The I-1, Light Industrial Zone classification will allow the owners a reasonable us of th land and at the same tim , will not p rmit industrial u s of an int nse nature • • I • • • STAFF REPORT Page -6- • • • - ZONING DESIGNATION Case #8-78 The critical issue in developing the subject property will be to requ ire an adequate screen on the east property line to protect the single-family home at 1460 West Tufts Avenue . • I • • • STAFF REPORT ADDEN DUM • • • ZONING DESIGNATION CASE #8-78 RECOMMENDATION FROM THE DEPARTME NT OF COMMUNITY DEVElOPMENT: (ADDENDUM) In the second para g raph on Page 3 of this staff report, it is pointed out that the east property line of the subject site is viewed as a boundary betw een the 1-1, Light Industrial District, and the sing le-fa mily district t o the east which is on the south side o f We st Tufts Av e nu e . For this reason, it is stated that it will be necessary to provide an adequate "screen" or "buffer" on the east side o f the subject site at such time as it may be developed with a use other than resi-dential. The staff is of the opinion that this situation, the proximity of the property to a residential area, is no t unlike the Garrett case which was recently approved by the City Counci l. It is proposed, therefore, that the Planning Commission c onsider recommending that the f ollowing conditions be placed on the zoning of this property to an 1-1 , Light Industria l , zone classification: a. No Building P ermit shall be issued for t h e construc tion or installation of any bui lding or structure on the subject property or any portion thereof except in con1 o rmanc e with a Development Plan which has been appr ove d and recorded in compliance with §22 .4A of the Comprehensive Zo ning Ordinance . b. There shall be a minimum setback of 25 feet fro m the west property line o f Lot 12, Bell Isle Gardens Subdivision, Arapahoe County, Colorado, which Lot is identified by street address as 1460 West Tufts Avenue. c . The east boundary of the subject property sha ll be screened a approved by a recorded Development Plan. d . No entranc , exit or loading dock shall b per- mitted on the east side of any building which is c onstructed on the subject property; nor sha ll any parking, storage of equipm nt, materials or trash, or access oth r than for cmerg ncy vehicles be permitt d in the area east of s id buildings . e . The maximum h ight of any structure or building shall not exc d 2 5 fe t above th natural grade of tho it • • I • • - • - • • • STAFF REPORT ADDENDUM ZONING DESIGNATION CASE #8-78 f. g . All outside storage on the subject property shall be enclosed by a solid fence or wall not less than six (6) nor more than eight (8) feet in height, all trash collection centers shall be of a covered type and no outside storage shall create litter, be a fire or health hazard or create any other form of public nuisance. Lighting facilities on the property or on any building or structure located on the subject property, shall be so arranged that they will neither shine nor be reflected on the adjacent residential properties. These conditions are comparable to those imposed on the Garrett rezoning and, again, are recommended to provide a strong buffer and boundary between an existing residential area and this proposed industrial area, • I . • • • • VICINITY MAP ENGLEWOOD I-1 I-! R-3 ENGLEWOOD CO. --.---,~y--___ _ LEGEND I -1, Light Industrial ( Englewcxxt Zoning) R-3, Single Family f!es( Arapahoe Co.) I -2, Heavy lnduslrtal Scale I"= 200' • I -I, ZONING , I . • • • - w STANFORD AVE ENGLEWOOD ARA HOE CO. w. TUFTS ~~~=====:=:= 1-' _______________ tn ENGLEWOOD • • - ·-IN ANNEXATION PROCEEDIN 1 1 1 I PET ITIONED FOR ANNEXAn 11111111 -JULY 17, 1978 E3::==~-PROPOSED ANNEXAT IONS ENGLEWOOD Scale I"= 200' I • - - • • • ZONING TO CONFORM WITH RECOMMENDATION OF COMPREHENSIVE PLAN REVIEW COMMITTEE • ~-R-1-C, Sirigle Fcmily Res . l1]-I-I, Light Industrial ENGLEWOOD I-1 R-1-A Scale I"= 200' I . . ....... • • • .. MEMORANDUM TO TH E ENGLEWOOD CITY COUNCIL REGARD ING AC T IO N OR RE COMMENDA TION OF THE CITY PLA NN ING AND ZONING COMM ISSION , DATE: Sept ember 6, 1 978 SUBJ ECT : Zoning Designation -1485 West Tufts 6 £ RE COMMENDATION: Williams moved : Drape r seconded: The Planning Commis sio n r eco mmend to City Council tha t p r o p e r ty i de n tified as 1 485 West Tufts Av enue be zoned I-1 , L ight Indu str ial, upo n annexa - tion to the City o f Englewood fo r t he f ollowing reasons: 1. The trend of development in the a r ea i n wh i ch the subject property is located has bee n estab lished by the indu strial zoning and construction which has take n p l ace t o the nor t h, south and we& o f the subj e ct site du ring the pa s t fif t ee n years and thi s trend is industrial rather tha n res ide n t ial. Indeed, when the Count y i ntroduced Heavy In du stria l z o n ing into this ar e a almost 20 years a g o , this t r end was estab lishe d . It should be noted t hat unde r the Cou nty Zo ning, both Hea v y and Light Indus t rial Zone Distr i ct s abu tted t h e proper t y zoned R-3, Sing l e -fa mi l y Res ide n c e. 2 . The subject property shou ld no t b e d e veloped f o r reside n t i a l purpos e s bec a use o f the prox i mity o f t he subject s i te t o : a ) exis ting industr ial developme nt ; b ) to the De nver and Rio Grand e and Sa nt a Fe Rai lw a y s, which are d estined t o carry an inc r e asing number o f c o a l t rain s in ad d itio n t o the o ther t rains wh ich u se t h e tr acks ; and c) to South Santa Fe Drive, which is to b e con structed as a six-lane, major arterial serving an i ndus tr ia l corridor as well as mass tra n sit. 3, The 1969 Comprehensive Plan d o es n o t project n ew single- family residential uses in this area. · 4, The recommendation o f the Comprehensive Plan Review Com- mittee, which committee the Planning Commission assigned the responsibility of evaluating the Industrial areas in the City, was that the area which lies to the east of South Santa Fe Drive on both sides of West Tufts Avenue, and which is to the west and below the ridge which runs approximately parallel with the City Ditch, should be zoned and developed for industrial use. • I • • - • • • • AYES: Parker, Pierson, Williams, Draper, Lathrop, McClintock Ow ens NAYS: Smith ABSENT: Tang uma The motion carried. By Order of the City Planning and Zoning Commission. • I . • STAFF REPORT Page -1- STAFF REPORT RE: • • • ZONING DESIGNATION Case #12-78 Zoning of property at 1485 West Tufts Avenue DATE TO BE CONSIDERED: September 6, 1978 APPLICANT: Initiated by the City Planning and Zoning Commission. NAME OF PROPERTY OWNER: Paul Robert Thurman 14 A Landing Road Roslyn, New York 11576 LEGAL DESCRIPTION: A tract of land in the West 1 /2 of the Southwest 1 /4 of the Northeast 1/4 of Section 9, Township 5 South, Range 68 West of the 6th Principal Meridian, described as follows: Commencing at the Northwest Corner of the Southwest 1 /4 of the Northeast 1 /4 of Section 9, Township 5 South, Range 68 West, thence East along the North line of the Southwest 1 /4 of the Northeast l /4 of Section 9, Township 5 South, Range 68 West, a distance of 330.0 feet more or less to the true point of beginning, said true point of beginning also being on the City Limits of Englewood, Colorado; thence continuing East along said City Limits a distance of 165 feet more or less ; thence South 0 ° East along the City Limits of Englewood, Colorado, a distance of 660 feet more or less to the center- line of West Tufts Avenue ; thence West and leaving the City Limits line of Englewood, Colorado, a distance of 165 feet more or less ; thence North a distance of 660 feet more or less to the true point of beginning. Said tract of land containing 2.50 acres, more or less. LOCATION: The property lies between West Tufts Avenue and West Stanford Avenue, and is immediately to the west of the Garrett property which was zoned I-1, Light Industrial, by Ordinance No . 13, of 1978. • I • • STAFF REPORT Page -2- • • .. PRESENT ZONE DISTRICT CLASSIFICAT ION: ZONING DESIGNATION Case #12-78 The property is z oned R-3, Single-family Residence, by Arapahoe County . This Zone District p e rmits a single- family house to be con structed o n a lot wit h a minimum front- age of 75 feet and a minimum lot area of 12,500 square feet. PROPOSED ZONE CLASSIFICATION: I-1, Light Industr ial REASON FOR ACTION: The City Council has received a petition signed by the property owner, which requests annexation of the subject property to the City of Englewood. The 1965 Annexation Act, as amended, requires that the property be zoned by th e annexing municipality within ninety days following the annexation. In order to comply with this time restriction, it is necessary to begin the zoning process as soon as possible after the annexa- tion petition is received. Clinton K. Bush, President of C.M. Distributors, has stated that his firm is interested in purchasing the subject property and requests that the land be zoned for industrial use. It is their intenti on to relocate their business fr om 1470 West Thomas Avenue to this site in order that they can construct a larger building . RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT: If the property identified as 1485 West Tufts Avenue is annexed to the City of Englewood, it is the opinion of the staff that it should be zoned I-1 , Light Industrial, for the following reasons : 1, The trend o f development in the area in which the subject property is located has been established by the in- dustrial zoning and construction which has taken place to the north, south and west of the subject site during the past fifteen years and this trend is industrial rather than resi- dential. Indeed, when the County introduced Heavy Industrial zoning into this area almos t 20 years ago, this trend was es- tablished. It should be no ted that under the County Zoning, both Heavy and Light Industrial Zone Districts abutted the property zoned R-3, Single-family Residence. 2, The subject property should not be developed for residential purposes because of the proximity of the sub ject site to: a) existing industrial development; b ) to the Denver and Rio Grande and Santa Fe Railways which are destined to carry • I • • ...... ( STA FF REPORT Pag e -3- ,. • • .. ZONING DESIGNATION Case #12-78 an increasing number of co al trains in addition to the other tr ains which u se the tracks; and c) to South Santa Fe Drive, which is to b e constructed as a six-lane, major arterial serving an industrial corridor as well as mass transit , 3 . The 1969 Comprehensive Plan does not project new single-family residential uses in this area . 4. The reco mmendation of the Comprehensive Plan Re- view Committee, which committee the Planning Commission assigned the responsibility of evaluating the Industrial areas in the City, was that the area which lies to the east of South Santa Fe Drive on both sides of West Tufts Avenue, and which is to the west and below the ridge which runs approximately parallel with the City Ditch, should be zoned and developed for industrial use . DESCRIPTION OF THE SUBJECT SITE AND ADJACENT AREA: With the exception o f a small house, a garage and a shed located toward the Tufts frontage, the site is undeveloped . In the past, the north portion o f the site has been used for the storage of construction material. The area to the north is zoned for and developed with industrial uses. The land adjoining on the east was recently zoned I-1, Light Industrial, by the City Council, bu t no development has ta ken place to this time. Single-family residential un its which are in the unin- corporated area fr ont on the south side of West Tufts Avenue . South o f these units, there is a c ontinuation o f the light in- dustrial development. To the west of the subject site, the north one-third of the property adjoins a portion of the Friedman Paper plant which is zoned I-1, Light Industrial . The south two-thirds of the site abuts land zoned R-3, Single-family Residence, although the north portion of this land was zoned I-1, Light Industrial, during the time the area wa s considered to be in the City of Englewood several years ago , and an industrial building was constructed on this property during that time. The remainder of the unincorporated propert y t o the west of the subject site, is zoned I-2, Heavy Indust r ial, by Arapahoe County, and the land to the west which is in the City is zoned I-1, Light In-dustrial. The properties to the south of the subjec t site at both 1470 and 1600 West Tufts Avenue are the subject of petitions to annex to the City of Englewood. • I • n • STAFF REPORT Page -4- • • • ZONI NG DESIGNATI ON Case #12-78 BACKGROUND OF PREVIOUS ACTI ON RELATING TO THE AREA: The subject s ite is part of the original Santa Fe- Union Annexation Area which was annexed to Englewood in De cember of 1973. The Annexation was challenged in the c ou rts by some of the affected property owners and as a resul t o f this court action, the annexation was abandone d by the City o f Englewood and the area reve rted to it's original status as an unincorpo- rated part of Arapahoe County. Since then, the owners o f two properties which were included in the Santa Fe/Union annexation have successfully petitioned for annexation to the City of Englewood. Both of these propert ies have been z one d I-1, Light Industrial. The owners of two other properties have peti tioned for annexation to the City of Englewood and these peti tions are being evaluated by the City Council at this time. RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Comprehensive Plan projects the use o f the low land which is wes t of the City Ditch in the vicinity of West Tufts Avenue, for industrial purposes. West Tufts Avenue, from Clarkson west to the Navajo Street alignmen t, is designated as a Collector on the Master Street Plan. Th e extension o f South Navajo S treet will be adjacent to the subject property on the east . COMMENTS FROM OTHER DEPARTMENTS : No nega tive comments were received relative to the proposed zoning. The Publi c Works Department states that the north thirty (30) feet o f the subject property should be dedicated t o the public for right-of-way for West Stanford Avenue ; how- ever, this is a matter to be considered as part of the annexa- tion, not the zoning. The Utilities Department bas stated that water and sanitary sewer service is available to the subject area . Fire and Police service is also available to the site. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS : In the past fifteen years, no permits have been issued by either the City of Englewood or Arapahoe County for any use other than industrial in the low area west of the City Ditch in the vicinity of West Tufts Avenue. When the County zoned the unincorporated area in the early 1960's , they imposed both heavy and light industrial zoning on the land in the vicinity of South Windermere Street, but left the existing hous s along West ~ts Avenue in the R-3 , Single family Residence, zone classification • I • • • STAFF REPORT Page -5- • • - ZONING DESIGNATIO N Case #12-78 at the request of s ome of the residents. When the County intro- duced the heavy industrial district zoning into this ar ea, they not only recognized that the trend of any new development would be other than residential, but e sta blished that tre nd by z o n ing land in the area I-2, Heavy Industrial, Because of the proximity to South Santa Fe Dr iv e and the railway lines, and because of the elevation of t h e land to the west of the City Ditch, the subject area is no t c onducive to residential development. On the other hand, uses o f a heavy industrial nature such as would be permitted under the County I-2 Zone District would not be compatible in the area. The I-1, Light Industrial Zone classification will allow the owners a reasonable use of the land and at the same time, will not permit industrial uses of intensity that would be permitted under the County I-2 Zoning. • I • • ...... ..... • ..... ' ... • • • Proposed Zoning w. STAN FORD ENGLEWOOD 1-1 r- 1 I I II-2 I I I • ~ Proposed , I-1 Zon ing b,'S9 City Zo ning Pe ndin g I-1 ENGLEWOOD Scale I"= 200' I . . ( ( • • • .. MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 6, 1978 SUBJECT : Zoning Designation -1600 West Tufts Avenue RECOMMENDATION: Williams moved: MCClintock seconded: The Planning Commission recommend to City Council that property identified as 1600 West Tufts Avenue be zoned I-1, Light Industrial, upon annexation to the City of Englewood for the following reasons: 6 p 1. Because of the proximity of the subject site to existing industrial development ; to the Denver and Rio Grande and Santa Fe Railways which are destined to carry an increasing number of coal trains in addition to the other trains which use the tracks ; and to South Santa Fe Drive which is to be constructed as a six-lane, major arterial serving an industrial corridor as well as mass transit, the subject property would most logically continue to be zoned f or in- dustrial use. 2 . When Arapahoe County introduced the heavy indus trial zoning into this area almost 20 years ago, the industrial trend was established. Since that time, a ll development in the area has been for industrial use. 3. The 1969 Comprehensive Plan projects industrial development in this area. 4. The Comprehensive Plan Review Committee, which committee the Planning Commission assigned the responsibility of evaluating the Industrial areas in the City, recommended that the subject area should be zoned and developed for industrial use. AYES: Pierson , Williams, Lathrop, McClintock, Owens, Parker NAYS: Smith ABSTAIN : Draper ABSENT : Tanguma The motion carried. By Order o f the City Planning and Zoning Commission • I • • ( STAFF REPORT Page -1- STAFF REPORT RE ; • • .. ZONING DESIGNATION Case #13-78 Avenue. Zoning of property identified as 1600 West Tufts DATE TO BE CONSIDERED; September 6, 1978 APPLICANT: Initiated by the City Planning and Zoning Commission NAMES OF PROPERTY OWNERS; 1. Thomas Plating Company, Inc. 4695 South Windermere Street Englewood, Colorado 80110 Lot 1, Bell Isle Gardens Arapahoe County, Colorado 2. Carl L. and Evelyn Y. Vaughn 1600 West Tufts Avenue Englewood, Colorado 80110 Lots 2 and 3 Bell Isle Gardens Arapahoe County, Colorado LEGAL DESCRIPTION : * Beginning at the Northeast corner of Lot 3, Be ll Isle Gardens, Arapahoe County, Colorado, which is the point of inter- section of the South line of West Tufts ftvenue and the West line South Windermere Street; thence Easterly along the South line of West Tufts Avenue 127 .3 feet ; thence North 10 feet to the centerline of West Tufts Avenue and the true Point of Beginning ; thence Westerly along the centerline of West Tufts Avenue 396.13 feet more or less to the City of Englewood City Limits line ; thence South 56 °0' East along the City Limits a distance of 17.88 feet more or less to the south line of West Tufts Avenue ; thence South 11 °19' West along said City Limits line a distance of 254 .55 feet ; thence North 89 °47' East and leaving the City Limits of Englewood a distance of 304.1 feet to the West line of South Windermere Street; thence South 166 .79 feet to a point on the City of Englewood City Limits; thence East along a curve to the left having a radius of 45 feet thru 215 ° and following the City Limits a distance of 168.7 feet; thence North 35 ° West 52.1 feet to the East line of South Windermere Street ; thence North along the City Limits a distance of 100.0 feet ; thence South I • • ( ( ( \ STAFF REPORT Page -2- • • - ZONING DESIGNATION Case #13-78 89 °46' West a dist ance of 10 .0 feet; thence North along the City Limits line a distance of 250.0 feet; thence Easterly along the City Limits line 87.3 feet; thence North 10 feet t o the true point of beginning. Said parcel contains 2 .232 Acres, more or less. LOCATION: The southwest corner of South Windermere St reet and West Tufts Avenue. PRESENT ZONE DISTRICT CLASSIFICATION: County. The property is zoned I-2, Hea vy Industrial by Arapahoe PROPOSED ZONE CLASSIFICATION: I-1, Light Industrial Zone District. REASON FOR ACTION: The City Council has received a petition requesting the annexation of the subject property to the City of Englewood. In order t o meet time limitations set by the 1965 Annexation Act, as amended, and by §22.1-5 of the Comprehensive Zoning Ordinance, it is necessary to start the zoning process as s oon as possible after the annexation petition is received . RECOMMENDA TION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT: The staff recommends that the subject property be zoned I-1, Light Industrial, upon annexation to the City of Englewood, for the following reasons: 1) Because of the proximity of the subject site to existing industrial development ; to the Denver and Rio Grande and Santa Fe Railways which are destined to carry an increasing number of coal trains in addition to the other trains which use the tracks ; and to South Santa Fe Drive which is to be constructed as a six-lane, major arterial serving an industrial corridor as well as mass transit, the subject property would most logically continue to be zoned for industrial use. 2) When Arapahoe County introduced the heavy industrial zoning into this area almost 20 years ago, the industrial trend was established . Since that time, all development in the area has been for industrial use. 3) The 1969 Comprehensive Plan projects industrial d velopment in this area. I • ( ( ( • STAFF REPORT Page -3- • • - ZONING DESIGNATION Case #13-78 4) The Comprehensive Plan Review Committee, which committee the Planning Commission assigned the responsibility of evaluating the Industrial areas in the City, recommended that the subjec t area should be zoned and developed for in-dustrial use. DESCRIPTION OF THE SUBJECT SITE AND ADJACENT AREA : The subject site is bounded on the west by the A.T. & S.F. Railway right-of-way, on the north by West Tufts Avenue, and on the east by South Windermere Street . The railway lines and South Santa Fe Drive preclude development to the west of South Windermere Street north of West Tufts Avenue, and the property fronting on the east side of South Windermere Street is developed with industrial uses. There is a residence on the property immediately to the south o f the subject site, with industrial uses to the south of that . The only develop- ment on the subject property is a house, garage and shed owned by Mr. and Mrs. Vaughn at 1600 West Tufts Avenue. The property to the northeast, east and south of the subject site is zoned for industrial development. BACKGROUND OF PREVIOUS ACTION RELATING TO THE SUBJECT SITE : The subject property was part of the original Santa Fe- Union Annexation Area which was annexed to Englewood in December of 1973. The subject area was subsequently zoned I-1, Light Industrial, by the City . Later, the annexation was challenged in the courts by some of the affected property owners and as a result of this court action, the annexation was abandoned by the City of Englewood and the area reverted to its original status as an unincorporated part of Arapahoe County. Since then, the owners of two properties which were included in the Santa Fe/Union annexation have successfully petitioned for annexation to the City of Englewood. Two other petitions requesting annexation of land in the vicinity of the subject site to the City of Englewood have been received by the City Council. A third annexation petition will be submitted to the City Council at the meeting on September 5, 1978. This petition involves land on the west side of South Mariposa Drive, which is adjacent to the Englewood reservoir . RELATIONSHIP TO THE COMPREHENSIVE PLAN: The Comprehensive Plan projects the use of the land west of the City Ditch in the vicinity of West Tufts Avenue, for industrial purposes. • , I • • ( ( ( • STAFF REPORT Page -4- COMMENTS FROM OTHER DEPARTMENTS ; • • .. ZONING DESIGNATION Case #13-78 No negative comments were received relative to the proposed zoning, and City services can be provided to the property. The Public Works Department states that the north twenty (20) feet of the property should be dedicated to the public for right-of-way for West Tufts Avenue and the east ten (10) feet of the property should be dedicated for South Windermere Street right-of-way. DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: The subject property has been zoned for heavy industrial use at least since the early 1960's, even though it has not been developed to this time. It abuts railway right-of-way, so it is attractive to the party who has an option to purchase the land because he will need a spur for his business. The land is in the heart of an industrial area and should be zoned for industrial development upon annexation to the City of Englewood. * The annexation petition pertains to Lots 1, 2, and 3, Bell Isle Gardens, Arapahoe County, Colorado. The adjacent street right-of-way will be included in the annexing Ordinance and in the zoning ordinance. • I • • - ( ( ( • • • • 1600 W TUFTS PROPOSED ANNEXATION W. STAN FORD ENGLEWOOD r------- 1 I I I I I I ARA HOE CO. TU FT S AVE. 21 oR·r""'rA--1---+--t-~ ~ • ENGLEWOOD AVE. Score r"= 200' I . ( ( ( • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION, DATE: September 6, 1978 SUBJECT: Subdivision Plat 6 6 RECOMMENDATION: Parker moved: Williams seconded: The Planning Commission approve the Sub- division Plat filed by Belokes Limited Partnership and Burt Development Company, with the elimination of the easement shown between Lots 2 and 3, and extending north- east across Lot 1, and recommend that City Council approve the final plat of the Burt Subdivision for the following described property: Beginning 50 feet east of the Southwest corner of the North- east l /4 of Section 15, thence North 89 °40' East 1170,31 feet, thence North 0 °20' West 314,2 feet, thence North 49 °38'16" West 388,57 feet, thence North 70 °07'47" West 239 ,32 feet, thence Northwest on curves 365 ,41 feet, thence South 89 °40' West 361,19 feet to the east line of South Broadway, thence south to point of beginning 870 feet , The Commission recommends approval of the Subdivision Plat for the following reasons : 1. The Subdivision Plat will comply with the requirements of the Subdivision Regulations, Title 12, Chapter 3, of the 1969 E. M. C. 2. The Subdivision Plat will permit an orderly development of this large parcel of land, superceding previous Sub- division Waivers which have been approved f or various uses on small sections of the parcel, 3, The Subdivision Plat will permit f lexibility in the de- velopment of the site, while providing adequate easements f or utility and emerg e ncy services . AYES: Pierson, Smith, Williams, Lathrop, McClintock, Owens, Parker NAYS: None ABSENT: Tanguma, Draper The motion carried , By Order of the City Planning and Zoning Commission . ertrude G. 1 ty ·R cording Secretary • , I • ( ( ( • • • .. • STAFF REPORT Page -1- STAFF REPORT RE: Burt Subdivision Plat DATE TO BE CONSIDERED AT PUBLIC HEARING: September 6, 1978 NAME OF APPLICANT: Burt Development Company c /o Burt Chevrolet, Inc . 5200 South Broadway Englewood, Colorado 80110 NAME OF PROPERTY OWNER: Belokes Limited Partnership c /o Stokes and Company 333 Logan Street Denver, Colorado 80203 RELATION OF APPLICANT TO REQUEST: SUBDIV ISION PLA T Case #14-78 Burt Development Company is a land lessee of the subject property, with a 49 year lease and a 49 year option . LOCATION OR ADDRESS OF PROPOSAL: 5400 and 5450 South Broadway, which is described as follows: Beginning 50 ft. east of the Southwest corner of the Northeast 1 /4 of Section 15, thence North 89 °40' East 1170 .31 feet, thence North 0 °20' West 314 .2 feet, thence North 49 °38'16" West 388 .57 feet, thence North 70 °07'47" West 239.32 feet, thence Northwest on curves 365 .41 feet, thence South 89 °40' West 361.19 feet to the east line of South Broadway, thence south to point of beginning 870 feet. ZONE DISTRICT: B-2, Commercial Zone District DESCRIPTION OF REQUEST : that: Section 12-3-2 of the Subdivision Regulations provides (a) Except as provided herein, it shall be unlawful for any person to divide any realty unless there has • I • • ( ( • STAFF REPORT Page -2- • • • SUBDIVISION PLAT Case #14-78 first been a subdivision plat prepared, approved and recorded, in accordance with the provisions of this Chapter . As the lessee and intended developer of the Belokes property, Burt Development Company is submitting the Subdivision Plat for the consideration of the Planning Commission . The Plat has been planned around two of the existing struc t ures, the building formerly used by the GEM store and the one occ upied by the South Door Disco. The northwest portion of the site would be used by Mr . Burt for the expansion o f his car sales business. Parking space use would be flexible, with joint use parking between the Disco which is a night-time use and tenants in the GEM store building, which are anticipated to be daytime users . RECOMMENDATION FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT: The staff o f the Department o f Community Development recommends approval of the Burt Subdivision Plat for the following reasons . 1. The Subdivision Plat will comply with the require- ments of the Subdivision Regulations, Title 12 , Chapter 3, of the 1969 E.M.C. 2. The Subdivision Plat will permit an orderly de- velopment of this large parcel of land, superceding previous Subdivision Waivers which have been approved for various uses on small sections of the parcel. 3, The Subdivision Plat will permit f l exibility in the development of the site, while providing adequate easeme n ts for utility and e mergency services. DESCRIPTION OF SUBJECT SITE AND THE ADJACENT AREA: The subject site is a large parcel of land on the east side of Broadway in the 5400 block South, which was the former location of the GEM store . The old GEM store building is still on the site, as well as a filling station/car wash business which was accessory to the GEM operation,and the South Door disco, which is operated in a building originally con- structed as a Jerry Lewis Theater. The Englewood/Littleton boundaries are on both the south and west side of the site, the west boundary being the centerline of South Broadway. Big Dry Creek runs along the east and northeast sides of the site . I • - \ STAFF REPORT Page -3- • • • SUBDIVISION PLAT Case #14-78 There is vacant land to the east of Big Dry Creek, which is commonly referred to as the "Pasternak Property". This land is shown in the 1969 Comprehensive Plan as open space or park land. Although it was zoned R-3, High Density Residence, several years ago, it has not developed, apparently because of the problems with access to the site . The area to the east and northeast of the Pasternak propert y is developed with single family homes, some being in Greenwood Village and some in unincorporated Arapahoe County. The City of Littleton owns land used for a pa r k to the southeast of the site, and Fritz Pansing's car dealership is to the south in Littleton . The property on the west side of South Broadway is developed with a mixture of commercial uses . BACKGROUND OF PREVIOUS CITY ACTION RELATI NG TO THE PROPERTY: The subject site was a por tion o f the 112 acre area annexed to the City in 1964 by Or d i n ance No . 13. Following the annexation, the property was z oned B-2, Business. The GEM Store was the principle use o f the subject property at that time. In May of 1969, t he Planning and Zoni ng Commission approved a Subdivision Waiver for the le asing of a small area on the southwest corner o f the propert y to be used as a com- mercial slide amusement (Magic Mountain Slide). This structure was remove d in 1971. Another Subdivision Waiver was granted to Wilmark Cinema, Inc. in September o f 1972, for the construction of the South Broadway Twin Cinema, which was located on a 300' x 300' parcel in the same area that was approved for the com- mercial slide, the southwest corner of the property . This use has now changed to the South Door Disco club . A license was issued in 1975 for the Back Door Discount Liquor Store on the east side of the Filling Station/Car Wash complex. This was formerly the GEM Liquor Store, and was re- located from the main GEM building after GEM closed . After a change of ownership and a series of problems, the City closed the Back Door . A permit was issued to Mr. Burt in April of 1972, to fence a portion of the land leased to him by the owner, an act which eventually led to a third Subdivision Waiver which was granted in April of 1975 to Belokes Grastoke, Inc ., to allow expansion of Burt Toyota into the northeast portion of this property. This Subdivision Waiver was approved with the understanding that a Subdivision Plat would have to be filed if any future division or development of the property were pro- posed . • I • ( ( ( • • • .. STAFF REPORT Page -4- RELATION TO THE COMPREHENSIVE PLAN: SUBDIVISION PLAT Case #14-78 The proposed Subdivision and proposed commercial uses are compatible with the Engle wood Comprehensive Plan . COMMENTS FROM OTHER DEPARTMENTS AND AGENCIES: The Director of Utilities has indicated th at S an i tary Sewer is available to the p r operty and has no objec t ion t o the division of the land or to f uture developme nt . The Public S e rvice Company, Gas and Ele ctric Divis ions , have no objections to the proposed division o f the proper t y . Mountain Bell T e l e phon e could provide s e rvice to t he area through their Little ton Ce n t ral Of fic e . The District Eng i ne er o f the South Englewood Sani ta tion District #1 has no objec t ion t o th e d e v e lopment but a s ks th a t engineering plans and drawing s concerning sewer connec t ions b e submitted to his office pr i o r t o an y d e v e lopment . The Public Works Departme n t and Engineering S e rvices have worked with the archi tect and Mr . Burt's at t orney, and have no objection to the division o f the property . DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS: After a series o f Subdivision Waivers issued to accommodate piece-meal developme nt on t h e property , th e Burt Subdivision Plat will encourage th e orde rly d e v e lo pme n t o f t h is l a r ge pa rce l o f land . The p ro p o sed Ma ster Plan for t h e su bject site which accompanies the request for approval o f t h e Su bdi vis ion Pl at, i ndicates t h e possible future uses for the pro perty, Al though t h e Ma ster Plan is not included for appro val o f park ing l ayou t, future bui ld i n g sites, etc., it do e s show how access to a ll nine lots will be available for uses in this c omm ercia l area . The circulation and fire lanes wi l l be adequ ate for future develo p me n t o f the site , As each l o t is d e v e lo pe d, parking p l a n s may requ ire f u rther a p prov al by the Planni n g Comm ission . • I • • >-~ 0 <t 0 a: m • ·a .... CD -~ N LOT LOT 2 320' ACCESS 250' LOT 4 0 ·on • .... 0 No LOT 3 ..... .... .. • • • BURT I o 0 0 0 0 ' ' 0 0 I ' I 1 20~ STORM I I OlltAINAG[ I I USUKNT 1 o o I ' 0 I ! _ ---~ l_ _ ~2_oo.:.__ _ ' ' 2826 ' ::: .. ... 40' -·o ~ g LOT~ ~ ~ 0 SUBDIVISION ~ OEPIIRTMENT Of COMMUNITY DEVELOPMENT o CITY OF ENGLEWOOD, COLO RA OO z 8 -Z5 ·78 ', ', 200 ' LOT 8 ' ' ' ' zso ' -~ ACCESS __ oRivE~5 ~?6~EAsEM~NJT -~ ~ 011 532 6 ' 282 6' --~ DRIVE 572 6· EASEMENT ~ ~ ', ', ' ' 300' [~ 232 61' LOT 7 "i I ~ .... !! 2! LOT 6 300' 232 61 ' LOT 9 Enolewood City Limits 1170.31 Littleton City Limits 637 7' 0 ' " I ', I • I td I 20': STOR W DRAINAG[ EAS£M[NT The following deacribed property, The portion of the Northeaet Quarter of Section 15, Township 5 South, Range 68 Weet of the Sixth Principal Meridian located in Ar apahoe county, State of colorado, described ae follows: Beginning at a Point on the South Line of the Northeaat one -quarter of Section 15, Townehip 5 South, Range 68 Weat, 50.00 feet East of the South- weat corner of ae1d Northeaat one-quarter , thence N. 89° 40' E., 1170.31 fee t, thence N. 0° 20' w., 314.20 feet; thence N. 49° 38' 16" w., 388.57 feet1 thence N. 70° 07' 47" w., 239.32 feet, thence along the arc of a curve to the right, the radiuo for which io 600.00 fee t for a diotanee of 365.41 feet, thence S. 89° 40' W., 361.19 feet to the East Llne of South Broadway; thence South along the East Line of South Broadway 870,00 feet to the Point of Beginning, said tract contain1ng 18.2 acreo, more or lees. • • ' • ( • • ,. • TO: FROM: City Manage~~n Richard s.j~sh, Director of Community De velo p me nt DATE: September 13, 1978 SUBJECT : Encroachment Request: 4190 South Bannock Street Mr . and Mrs . Keith Sasina, the owners of proper ty at 4190 South Bannock Street , have requested permission to install a fe nce on the sou th and we st sides o~ their proper t y one f oo t from the ba c k o f the s i dewalk. T he f ence will encroach six (6 ) fee t five (5) inche s int o t he public rig ht-o f -wa y f or We s t Pr inc eton Avenue o n t he s outh a nd t welve (12 ) inch es into the Sou t h Bannock Street r i g ht-o f -way on t he we st . This prope rty i s i n the R-1-C , S i ngle-family Residence Zone Di s t r ict and i s the corner property . Mr . and Mrs. Sasina purcha s e d t h e prope rty fairly recently and a re in the process o f making ma jor improvement s to t he property in addi t ion to the insta l l ation o f the f e n ce . The y have cons t ructed a new ga r age o n t h e re ar o f t he si te a nd will remov e t he ol d one which was adj acent to t he h ouse and apparen t l y h ave plans to add o n to t h e house in the f uture . The y h ave t h ree s ma ll children and b y c om p l etely fe n cing the yard it wi l l provide a safer play area in addition to providin g the privacy they desire. The fence wi l l be a 42 inch chainlink fr o m the dri v e way t o the new garage to a point in line with the back of the h ou se. From that point west, the fence will be a 36-inch high stockade fence and the 36-inch stockade fence will continue acro ss the front of the property and along the north side of the front yard. A 42-inch wo o den fence which is more than 50 percent open is permitted under the Fence Ordinance, §3-2-3 of the 1969 Englewood Munici):nl Code . The Director of Public Works, the Director of Engineeri n g Services, and the Acting Chief Building Inspector have re- viewed this request and have no objection to the encroach- ment as proposed. The fence cannot be installed, however, in such a way as to obstruct the vision of the motorist at the intersection. This has been discussed with Mr. Sasina - I • • - • • r • • City Manager McCown September 13, 1978 Page -2- • • • { and he has said that he will install the fence on an angle in order to avoid any view obstruction if it is determined to be necessary at the time he applies for his fence permit. gw • ~ • • ' ' I ~ .. I • • • ' • I! I! I ~--o,ve w-11y .. r------"- • • • ~ CORNER LOT { ~----------~--------------------·------------~~--~---r-----..3~11 Hl(jH 8 FC(IJO< C'ADC: -c>pEI'f -r------------- --··--------·----- I --------,_ --- .,;. " -I l )~L~~~--__ I --------i I I --J --ti ' ~ I "-' " I ' ~~ ~ -- 0-.l -~~ -~ I ~1 t._, ~I I -"· . ~~~~ Ill I ... ,, __ -_-__ -~----~-~--~-----~------------------------~l~-'~-~--·--~-~ I ;. ----------·· --- Jt-~..6...& L:; ./~« P//.-'"'L2'/' ~ /d-~"·e/-~ _,.u,.?» .Ji:U-C"G-.k<'.ec~ ~ r <'.L!«Q{.;~ c./--~-.... ~~~ /~. ~-.:.P .?/~ .... .,..·4/--' - l • ....t::&~-#.Q.i~.-</~ ~~.c~~;,c..~~ §-~:..Y- 1 II lj ' I' • - I . • • '-... • • I \ . " : - ~j -. -i .-~ ~- I ~' ~ ~ ....... ~ ~ --~-;_ ~-~ ·-:- 'BANNOCK ~- • • • • • ....... • ' "" : ' '--~ ., -l -'i I ;E ' I] ~· ~ ~ ...... ~ -~ _. 1..- I- -..---=· -··-··- ...... • • • ~- ~ • i t 2.___ i .;. i I • -~ .....J.-. - s::5 C I "'l · · I i I ?? I . ~ , -I >~uoq":'~:'l''-'I' 1.. 1"-" I=• ~-J :3:-1 ~ t ~-J c__ . -. -?-sr -~. -~ ---:-~-. - . -r{'J4 _ . -.::.. -.1&-· /. ·. :BAN Nett<· · ~-~ .: -· --· sL -__.,.. ~------ L--::'.:•E\"3 -' • I • ~ -~ ... -~ -~ ·c ·- .......... ~~-~-·-­p::;-11""''~ • - • • • • • MEMORANDUM TO : Honor abl e Mayor, Me mbe rs of City Council FRO.t-1: David B. Clayton, Chairman Audit Selection Committee DATE: September 14, 1978 ( SUBJECT: Selection of an auditing firm for the 1978 audit The Audit Selection Committee has been meeting over the last three months to select an auditing firm for the 1978 audit. Thirteen firms responded to a pre-qualification questionnaire sent out by the Committee. From these thirteen firms the Committee interviewed four on Septe mber 6, 1978 as potential firms for the 1978 financial audi t . Peat, Marwick & Mitchell was the firm the Committee agreed on for the City's auditing firm. Therefore, the Committee recommends that Peat, Marwick & Mitchell be approved by the Ci t y Counc i l as the firm to perform the 1978 financial audi t. Further, it is recom- mended an audit contract and total cost o f the 1978 audit be negotiated by the City staff and presented to t he Council on the October 2nd meeting. Sincerely, ~ 13 .etaru Da v i d B. Clayton Chairman Audit Selection Committee /jlw cc : Donald Weber Donald Williams • I • - • ( • • • TO : HonorabZ e James TayZor , Mayor , and other members of EngZewood City CounciZ FROM: Louis Parkinson, MunicipaZ Judge DATE : Sep tember 7, 1978 SUBJECT: Recorrvnended Budget for the MunicipaZ Court for 1979 EncZosed is the Court 's recorrvnendation of the budget for the year 1979. I¥e wouZd weZcome an opportunity to discuss the budget in more detaiZ with you at your convenience . Respect;fuZZy submitted, . ) /t~ -<./0 ·h ,0z. wr-t Louis Parkinson Municipa Z Judge cc: Andy McCown, City Manager WiZZiam Jame s, Director of Finance • ... I • • n { • • • ( ' SU r1 MARY ( PRO§ RAM BRANCH DIVISION 02-1 JUDICIAL MUNICIPAL COURT ACTUAL ACTUAL BUDGET REVISED BUDGET MAJOR CLASSIFICATIO~ EfM~ATE I 1976 1977 1978 1979 PERSONAL SERVICES $ ?4 , 156 $ ?6 , 584 ~ 119 ,082 $ 115 ,090 $ 141 ,461 I COMMODITIES 3, 221 5,115 4, 486 6, 468 8, 200 ' CoNTRACTUAL SERVIcEs 6, 329 9, 360 9, 214 10 , 569 13 ,589 CAPITAL OUTLAY 94 1, 649 10 ,380 , 080 ?, 298 TOTAL ' R , BOO $ ~~ 70B ' ; ..'3, 1 ,. ... :, ' , <.r?7 t 170 , 548 c ' ' -· fUNCII ON The Municipal Co urt has jurisdiction to deteY"nine all causes Gl"1-s1-ng under the Charter and the ordinance s of the City . The Co urt Administration is responsible for all records in r elation to the Co urt and r eceives payments for court fines. The Court oper ates on a five -day schedule. COMMEN TS A driver imp r oveme nt school is also administered by the Court . The increase in the budget for 1979 of 16 % is due mainly to a full year of salarie s and benefits for the three positions filled in the second and third quGl"ters of 19 ?8 after the reorganization of the Co urt. At t he beginning of the third quGl"ter the Court re-assumed the responsibi lity for pGl"king citations which previously had been handled by the DepGl"tment of Finance . Further, there is a definite need for reference books for t he Court and, alsq training workshops for the staff because of changes in t he law that have a direct effect on the Court . In addition, the Court activity (trials , pre-trials, and juries docketed) have increased requiring additional hours for the process server, coupled with an increase in contractual services to pay jury and witness fees . Out o f State Trips Gl"e as follows: National Jud~'s Conference--East Coast (location unknown~ Municipal Judge Court Administrator National Association for Court Administrators--Sarasota, Florida, ~-------------------------------------------------------·~ • • I • { .. • • • • I PERSONNEL SCHEDULE PR~GRAM I BRANCH I I:U VIS I ON ,0 -91 . JUDICIAL MUNICIPAL COURT NO, EMPLOYEES BUDGET CLASSIFICATION, By~~sr I sy~~7T AI-~~~L sy~~9T GRADE 1979 FULL TIME Judge 1 1 1 1 N/A $ 33,429 Court Administrator 0 0 1 1 7 16,970 ' I CoUI't Clerk 1 1 1 1 5 17,883 I I _/(;; ut;; ~c urt Clerk I ' r ::.1 'r r. 1 78 dif:"erem; titles) 2 2 u 3 :J6 , 630 ' I Violations BUI'eau Clerk 0 2 2 2 1 25 ,5co I PART TIME (. I Associate Judge 4 4 4 4 N/A 2, BOO I I Process Server 1 2 2 2 N/A 7 ,195 l Clerk (vacation/sick r elief) 0 1 2 1 N/A 2, 919 OVertime 636 I 6~ cost o[ livin~ adjustment 7, 449 ! TOTAL $141 ,461 I I I I I • • r I ! • • ( • • .. • I • I CAPITA L OUT LAY P R~GRAM BRANCH DIVISION 0 -91 J UDICIAL MUNICIPAL COURT l ACCOUNT NO, , ITEM NO, TRADE REQUIR ED I 44XX Bond Copy Machine 1 No $ 4 ,850 I 44XX IBM Selectric Typewriter 2 Yes 1 , 548 I I 44XX Dictaphone and Transcriber 2 No 900 I TOTAL $ 7 , 298 I I I I I . . ------~--------------------------------~~----~--------~ • • ' • • { • • • INT RODUC ED AS A BILL BY COUNCILMAN CLAY TO N. BY AUTHOR ITY d.3 ORDINANCE NO . ---------' SERI ES OF l97 8 AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE ARAPAHOE REGIONAL LIBRA RY DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, The Arapahoe Regional Library District being a statutory regional library district, organized and formed pursuant to Title 24, Article 90, C.R.S. 1973, as amended; and WHEREAS, The Ci ty of Englewood operates a publ ic library within its municipal bounda ries, and d e s i res to co-operate within the district i n providing library services to district r e sidents according to the terms and conditions set forth i n said agreement and WHEREAS, the parties have contracted previously for a co-operative approach to the provision of such l i brary servi ces. NOW THEREFORE, be it ord ~ined by t he City Council, Ci ty of Englewood, Colorado as follows: Section 1. That the City of Englewood shal l e n ter i n to a contra ct wi th t he Ara pahoe Regional Li bra r y District accord- ing to the p rovi s ions o f the wr i tten instrument , "Agreeme n t for Library Se r vices", a cop y of s a i d agreement is attached hereto consisting of two (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 1979, fifty-five ($.55) cents per item circulated to County Residents, less items circulated during 1979 to City Residents from the District 's Facility . l A . (2) The term of said agreement shall be the year c o m- mencing January 1, 1979, and end ing December 31, 19 7..,t .q (3) The District shall have access to the City Library Records during regular business hours for the purpose of v erifying all figures supplied to the District and the City shall have access to the District Library records for the same purpose. • .. I • • I • • • • (4) During the term of the agreement, the City shall establish and maintain a Bookmobile stop on a once-a-week basis to the Alice B. Terry School area. (5) An annual audit shall be made and a review held to verify microfilm records of trans- actions, but said verification may be made by other accepted means. The result of the annual audit of transactions occuring for the term fo the agreement shall be forwarded forthwith to the parties, but in no event later than June 1, 1980. The District shall support at the cost of said audit in an amount not to exceed five-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 officio City Clerk- Treasurer shall attest the same. Introduced, read in full and passed on First Reading on the 5th day of September , 1978. Published as a Bill for an Ordinance on the ~day of S eptember , 1978. Read by title and passed on final r e ading 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 complet~ copy of the Ordinance, passed on final.reading and publ~shed by title, as Ordinance No. , Ser~es of 1978. ex officio City Clerk-Treasurer • .. I • • ( • • • ~G R W1EIH FOR LJ SR ARY SE RVI CES THIS AGRE EM ENT, made and entered i nto this __ day of-------- 197 8, by and between the ARAPAH OE RE GIONAL LI BRARY DIST RIC T, he r eina f t er sometimes r e f e r red to as "District ", a nd THE CIT Y OF ENGLEWOOD, a Municipa l Corporati on , State of Colorado , here i nafter somet ime s referred to as .. Ci ty .. , WITN ESSET H: WHE RE AS , the Arapahoe Regional Li brary Di strict, bei ng a statutory regional libra ry dis tri c t organized an d exist i ng pur su a nt to Tit l e 24, Ar t ic le go , Co l o ra do Revised Statute s , 1973, as amen ded, for the purpose of providi ng l ibrary se r vi c e to t he res i den t s of the un i ncor po rated areas of Arapa hoe Coun t y and thos e munic i palH i es wit hi n sa i d c ounty not op e rating their own public 1 ibr a ries ; and WHER EA S , t he City of Englewo od operates a publ i c 1 ib ra ry withi n i ts c orporate boundari es a nd desires to cooperate with t he District in provi d ing l ibrary service to Distri c t res i de nts according t o the t erm s an d co nditions as here inafter s et f ort h be low, a nd i n a ccordance wi t h app l i cable sta t utes of the State of Col orado ; a nd WHEREAS, the parties have c ontra cted pre vious ly for a cooper a ti ve app roa c h to prov isi on of said l i brary servi ces and desire t o con ti nue prov i ding sa i d servi ces between the City and the District. NOW, THEREFORE, for and i n cons i derati on of the mu tual prem i ses herein, it i s a gr eed by and be t we e n the parties hereto as follows : 1. Th e Distri c t shall circulate to libra ry c ardholders of the City o f En glewood a ny item a vaila bl e for circula tion from t he Di stri ct's li brary facilit i es, a nd t he City shall circul a te to Arapahoe Coun t y r esiden ts who q ualify for an d po s sess a Dis tr ic t library card any item avail a ble fo r ci r cu la ti on from t he City 's libra ry fac i lities. Both the Distr ic t and the City shall maintain circulation records for said transactions and shall su bmit the same to each other on a quarterly basis. Upon the rec eipt of said reports, the City shall debit the District fo r each item cir- culated by the City to District cardholders , and the District shall debi t the City for each item circulated by the District to the City cardholders a t the rate of fifty- five cents (SD.SS) pe r transaction, and payment for the net difference between sa i d transactions shall be made accordingly by the library with the l e sser ci r culation figures to the library with the greate r circulation figures a t this ra te . 2 . The term of th fs agreement shall be for the year commencing January 1 , 1g7 9 up to and including December 31, 1979 . During sa i d term, all qualified cardholders for both the District and t he Ci t y libraries may enjoy reciproca l borrowing a t both the • .. ,. I I I I • • t • • • • -2- City and the Distr i ct facilities r especti vely; and said cardholders shall be su bject to all appl i cab l e rules and r•gu ·a ~io ns associated therewith . 3. It is understood betwren the parties hereto that the District shall not receive any equity 1n book stock or in any of the City's 11brary facilities by virtue of the terms of this Agreement; and, the City shall not receive any equity in the book stock or in any of the District's 1 ibrary facilities by virtue of this agreement. 4. The District shall have access to City library records during normal business hours for the purpose of ver i fying all figures supplied to the District by the City and the City shall have ac cess to District 1 i brary records for the same purpose . 5. During the term of this Agreement, City will establish and ma i ntain a bookmobile stop on a once-a-week basis to the following area : A 1 ice Terry School 6. During the annual audit of ea c h party to this agreemMt, an audit of one month's 11brary transactions undertaken pursuant to the tenns 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 verifying microfilm records of said t ra nsactions or by other accepted means . The result of each annual audit of said transaction! occurr i ng for the term of this agreement shall be forwarded forthwith to the other party for its rev i ~. but in no event later than June 1, 1gao. The District will support cost of said aud i t to 1 sum not to exceed $500.00, IN WITNESS WHEREOF, the part ies have set their hands and seals below. ATIEST: Secretary ATI EST: ex off1ci o C1ty Clerk Tr easur er ARAPA HOE REGIONAL LIBRARY DIS TRICT By '•P~r7es~,r.·dr.e7nt•,-os7oa~r~d07o't'T~r~u~st•e~e~s---- THE CIT Y OF EN GLE WO OD By~~---------------------Mayor I . - { • • • • - I pu ·~ ~)~-t:~~/!J-2 -7cf' RESOLUTION NO. -~s..._~_, SERIES OF 1978 A RESOLUTION APPROVING AN AGREEMENT FOR THE DISPOSAL OF INDUSTRIAL FLY ASH BETWEN PUBLIC SERVICE COMPANY OF COLORADO, A COLORADO CORPORATION, AND THE CITY OF ENGLEWOOD, A MUNICIPAL CORPORATION. WHEREAS, The City of Englewood has received a sanitary land fill permit from the City of Sheridan for the disposal of industrial fly ash, on land owned by Englewood, and; 1 WHEREAS, The Public Service Company of Colorado is in need of an area in which to dispose of the fly ash from its Arapahoe Steam Electric, generating station, located in Denver, and; WHEREAS, The City of Englewood desires to enter into an agreement with Public Service Company for the disposal of said fly ash: NOW, THEREFORE, BE IT RESOLVED by the City Council, the City of Englewood, Englewood, Colorado as follows: 1. That the agreement consisting of three type written pages under date of September , 1978,between the above parties, a copy of which is attached hereto and made a part hereof, is approved and that the Mayor is authorized and directed to exec ute the same, and the City Clerk shall attest the signature of the Mayor thereon. ADOPTED AND APPROVED THIS ---------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 ture, accurate and complete copy of Resolution No. _____ , Series of 1978. ex officio City Clerk-Treasurer • ... I • - • • • • AGREEM.ENT THIS AGREEMENT made this __ _ day of 1978, by and between PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, (Public Service) , and THE CITY OF ENGLEWOOD, a municipal corporation organized under the laws of the State of Colorado (Englewood); WHEREAS, Public Service is in need of an area in wh i ch to dispose of fly ash from its Arapahoe Steam Electric Generating Station located in the City and County of Denver; and, WHEREAS, Englewood is the owner of a site which is available for the disposal of such ash. NOW, THEREFORE, in consideration o f the p r emi s e s a nd o f the cove n a n t s h ereof, the parties agree as follows : 1. Englewood hereby grants permission to Public Service and its contractors to dump fly ash from the Public Service Arapahoe Station on property o wned by Englewood located n orth of Oxford Avenue and i mmedi a tely east of the PlatteRiver, as more particularly outlin ed on the sketch attach ed hereto. On this site Public Service 's contractors will dump ash in the areas to be specified by the authorized representatives of Englewood. -1- • I • • • .. .. 2. Englewood shall obtain all permits necessary for the disposal of ash on the site and in connection with the use thereof as land fill material. Once the ash is dumped, Public Service shall have no right, title or interest therein or responsibility therefor. 3. Public Service shall pay Englewood the sum of fifty cents ($0.50) per cubic yard for each yard of ash disposed of on the site. The cubic yards shall be measured based upon the measurements taken at the Arapahoe Station of the volumes loaded and hauled to t he site, by Contractor. This data is obtained by surveying the ash ponds as they are empt i ed. Public Service shall furnish monthly volume tota l s to Englewood based upon thi s da t a, and Engle wood shall submit monthly invoices t o Publ ic Servi c e based upon these reports. 4. The term of this Ag r eeme n t shall extend from the date hereof until Decemb er 31, 198 0, u nless further extended by mutual written agreement of t h e parties. 5. Nothing herein shall be construed as preventing Public Service from otherwise d isposing of or utilizing fly ash produced at its Arapahoe Station. -2- • I • • • • • IN WITNESS WHEREOF, the parties hereto have executed t h is Agreement as of the date first above written. -3- • I • • - • MEMORANDUM ------------- TO: F ROM: DATE: SUBJECT: Andy McCown, City Manager E . P. Rom ans .-· 1r,: Director, Parks & Recrea tion September 13, 1978 DUNCAN PARK • • • As you requested, I have set forth minimal park improveme nt s for Duncan Park with some alternates or facilitie s that can be added depe nding on how much he City Council fe els they can or wish to appropriate to thi project. A minimum effor t would be to move the play apparatus fro m th e pre c nt sit (close to the street) clo er to the center of the park ne ar th e large r trees. Smce there are only a few pieces of existing play equipment, th e play area will nc J some additional apparatus. Park users would be able to use the res trooms m th e Duncan Building which will be ope n from about 9:00 a .m. till 5:00 p.m. Es timated Costs: 15 pieces of play appara tu s (g 800. ------------12,000 Surface preparation, base & curb material----800 Installation costs for apparatus --------------2, 000 Fencing for pla y area (for safety)------------900 Irrigation repair on school s ide --------------700 Irrigation revision du e to apparatus move -----400 Remove overhead electric lines from center of park-----------------------------l, 100 Some additional facilities or alternates that can be added: 1. Drainage & leveli ng ----------------------400 2. Sod land scape building entra nce ----------700 3. All s tee 1 shelter (ac ommoda te 4 tables): 22 'x2 4' shelter on 30'x32' concrete pad-----3,600 Construction labor ------------------------600 4, All Purpose Court: 60' x80' A s phalt Court----------------------3, 500 Plexipave & c olor coating -------------------1, 200 Ba ske tball goals, po s t s & ne t---------------900 5. Landscaping (trees around playground · north side of huilding---------------------1, 000 6. Outdoor Restrooms (1 sink , 2 stools in each ide~ 20'xl2' cinder block & brick--------------21 ,000 Wa t e r se wer service ------------------l, 200 7 . Contingency ----------------------------1, lOO _ __, __ _ • l 7,QOO 35 ,200 s~i. 100 ... I • • ' • City Manager September 13, 1978 Duncan Park -Page 2 • • • The San-0-Lets now at Duncan Park are scheduled to be removed October 15 , 1978 when the other park facilities are closed for the winter. If unu sually warm weather continues after that date the closing time will be extended. It may be helpful if these improvements could be submitted to a ne ighborhood group meeting so that some overall needs can be de termined for this area. • I . r ( • • • - MEMORANDUM TO: Andy McCown , City ~1anager FROM: Captain Leon Mull , Acting Chief of Pol ice DATE: SUBJECT: September 13, 1978 Letter of September 6, 1978 Re terence Duncan Park In reference to your letter of September 6 , 1978 requesting those calls for service received during this summer (June through August) at Duncan Park. A search of our records show only four incidents reported by the park pol ice. You wi I I find copies attached . ll'e do not have any way to research citizen complaints unless we have the name of the individual complaintants . <_ ~"c') /J. L r ( /ca~ ~i n Leon Mu I r.l • Acting Chief of Pollee • I . . - ( • • • , . • ENGLEWOOD POPCE ~PA~~t:NT INCI~NT REPORT .•' I , .. • t ~. . . .:· :'.·~.. ; ADORE!;S __ _,3::....4.._o~o-~..::.'_C.;;...L:::14;.;....:...T.:...'-----------PHON( k __ ----- ,TAILS : _____________ ._·_.-----....------:---- Ar J -' •. ' \ . e .. ~.. ,.~ . " .. ' --~A;.;._: .-J./..:.;~::..·...:J.I:.;..;.' j.,;;.;~..;..,...:..:N:.=...__.:.I./-...&9...:7~o:;.....:$'~. ;;:W;...;;"'.:9.::11~'.;.::;"C1r+-:-TO.:::..:.:NL--...:7;...;~:.£.,(..,'t;.;.:,Zz.,9.:....;...~'.:..T__::t!;;..-,..;;_L=..:'-::..:::€;.~:1J:...-,'' ST.,.. 'f"loAJ 7D ~t!.(o~t. I {){ P.r-H'~$1 Seot M,4/ ff~Jv4 /3tllc. .V -~- PAGE _L_ 0 f I ~ I <• • 'I, •o1 .. I . • lf>/BuS tw£ P~.t,r s AOCR~S ~·f./~~ • • - . ' V111:5 :4Aih. ~ ~(Q;""-f Jz. . .-j ·g ,•.·-: .• ·" . . t ... -; J,' w (j). ,Jh ..• ~ F'IIGE I of _1_ OFFI LE ~ -.- •o 7 I • • ' l ( • • • • ~ .. '•';_ . ~ ... ·.· . ; .· ~~. INCI ~.NT _A£~ ....... '' -0 ; •• ·~· rl ....... '• ··f . . :-~ . om LJ Wl 1 f · ;' ;/· ";;;. ,;::,; • ' .~;;: ~· :·2/__·-U9}. ,_; .. t~»taus •wE P •. ~~s IJe:rr · ~·rtj ·'4r ·lf.,.p~~· .·~· --'--'-- AOOAE$5 3cloc 5. ~•ri · < :" .. / .. ·.~c • '···~-'.. . ~ -------~ ~T~;--~~~~~~~e~1)'-~U1~,~==o~4J~:~D~u~~~··e=~~··~~. ~~~~H~o~~=L~----------------- JTAILS: _________________________ ~._~----------~-------------------- "" !. t.' ..... OFFIUR --.-I o l L • _r-_ .. ~ '• '·' '··' I • • • • • f'T' · •• ' ' :1;' ........ ,-..: ' ..... -"';."'11: ~· . \' ~ ;"' '.· . ·' ~ ,; .. . ~ ~-. CR I ::ti_.-. I 1 4 <f' ..... ·. ~!;S. ____ l_~_o_,_..:;~~·__:E:..;:. U..;:;;;.;...T"..s,( _______ PHONC ; ------- NATIR: ·po~Sr-BCc:. D.K. flf,(lti£S j) t.II(../Cg AI 'S"e.Ao .. {. -I/I'6<J S, PE,;ftJ ?-TAILS: f?./~. (1M. llld c .(o'Y r~KT-T-_ w c T 1'4. · R l f ··. -~ ~~ ~ .(}A ~'I ~ c £ L •. Al '1 , 0 0 s I pIE" 4J lfiJ • 7 u,.u A 41. 6: te ~~ "AJ Ft ~ M , Jfe« Co'~ ..JT Jt <! -r-41 , 1 1'1 ...r Jv u. fA II..ICs v.v ,T LV , u .'' I . . rAGE _/_ of .J._ •o7 • • ( ( ( • • • • Andy McCown, City Manager DA~ September 13, 1978 ~ Gary Diede, Director of Engineering Services ~~~ HOLLY DAM CONSTRUCTION COSTS On July 17, 1978 City Council approved an additional expenditure up to $16,865 for the construction of Holly Dam. It was also decided at that meeting that the source of the funds needed would be determined after the actual additional amount was presented by the Urban Drainage District. The attached letter from the Urban Drainage and Flood Control District presents that additional amount needed from Englewood to be $12,648.73. Would you have the resolution prepared and submitted to Council for their approval so that we can send that amount to the District? Therefore, I recommend that the City b e authorized to pay our additional share of the project in the amount of $12,648.73 and that the next six-quarter PIF budget be amended accordingly with the funds coming from the Little Dry Creek Construction Reserve Account. -f.:7!o~.-f Director of Engineering Services GRD:b js cc: Bill James Jim Curnes • I • • r • - • • ( L . Scott Tucker. Ex.ecuhve D•rector August 31, 197 8 Executive Committee: Mr. Ke 11 s 1-Jaggoner Director of Public Works City of Englewood Re: Request for Payment Holly Dam Project ( Wally Toeva Boulder County :: N Cathy Reynolds ~ Cny ot Denver 0 3400 South Elati Street Englewood, Colorado 30110 James Covey~ Adams county g Dear Mr. \~aggoner, Kenne1h M . Macintosh o c;oy 01 Denver:£ Pursuant to the Holly Dam project, the Urban Drainage and Flood JohnJ.N,choll w Control District authorized WinslO\~ Construction Company on August 28, Ar11p ahoe County ~ ~ 1978 to proceed with construction of the dam. Members: w The Englewood City Council on July 17, 1978 approved an additional Jett~~!o~ng~~~~~ i expenditure of $16,865.00 for the project. Arapahoe County and Cherry Ruth A correll~ Hills Village have agreed to contribute their pro rata share of the addi- c,oyot eoutder ~ tional costs. At this time Greenwood Village has made no commitment . Oav1d A Day ~ Eng~0oor~ The orginal agreement defined Engle1~ood's share as 371/2% of the ~g~.~;~:~~ cost. In accordance with the above information , the Urban Drainage and Kenneth M Gorran N Flood Control District hereby requests the City of Engleo.-100d to remit to cooy oo Arvada ~ the District $12,648.75 (37~% x $33,730.00) for the additional construction Fred H Hood ., COSt. Ctty of Aurore ~ Woll oam H McNochola l!' Th f h · · 11 11 b cooyotDan•ar 5 e payment o t 15 amount Wl cover a encum ranees to date. ArtenE Panon"' additional work is approved, more funding may be necessary. Eng1n.., · Anthony E R•cht er t Ctty ot l hornton ~ M l .. Sam Sando& ~ Ctty ot O.nv., .. .. z 0 r " ~ .. o- If you have any questions, please call . gsn n • If I • • ( • • • .. s~ RESOLUTION NO. __ ~-~---· SERIES OF 1978 A RESOLUTION CONFIRMING SUPPORT FOR IMPROV EMENTS TO SO UTH SANTA FE DRIVE. WHEREAS, the Ci ty of En g lewood , through Resolution No . 32, Se ries of 1975, supported t he widen i n g o f So ut h San t a Fe Drive wi t h provisions f or ex clus ive bus l an es; an d WHEREAS, the City o f Englewood suppo r t ed the tran s- fer o f funds fro m I-4 70 t o, among other projec ts, i mpro v em en t s along So uth Santa Fe Drive, including grade separat i on s a n d in t erc han g e s wh e re n e eded ; a nd WHE REAS, the City o f Englewood is currently pursu i n g an applic ation to the Denver Reg ional Counc il of Governments for u s e o f a portion of these t r a n sfer funds to construct a one-way couplet in the U. S . 285 corridor between South Santa Fe Drive and South Broadway; and WHEREA S , the continued health and vitality of t he Englewood busine ss district requires a substantially improved flow of traffic b etween South Santa Fe Drive and U. S . 28 5 ; and WHE REA S, t r affic flows along South Santa Fe Dr ive are projected to i nc r ease from 35,800 vehicles per d ay t oday to 67,300 in 1996 ; a nd from 45,000 vehicles per day t oday to 89,400 in 1996 on U. S. 285 , thereby aggravating a n al rea dy congested i n t erchange; and WHERE AS, it is in the best interests of t h e City o f En g lewood and theEnglewood business community that t he int er c hange d esign at South Santa Fe Drive a n d U. S. 285 be s u fficient to carry all present and predicted traffic assumin g the construction of the U. S. 285 couplet; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Englewood, Colorado recommen d s a n d urges the Colorado Department of Highways to design t h e i n terchan ge at U. S. 285 and South Santa Fe Drive so that the maximum antici- pated volume of traffic at this location can be accommodated without undue congestion and delay, and that, when constructed, the U. S. 285 couplet can be merged to the interchange without extreme disruption and exorbitant cost; and BE IT FURTHER RESOLVED, that the design of any f u t u re interchange between South Santa Fe Drive and U. S. 285 must insure an improved level of service so that vehicular access to the Englewood business district is unimpeded . • I • • • • • • -2- 1978. ADOPTED AN D APPR OVE D THIS 18th day of September, ATTEST : James L. Taylor, Mayor ex officio City Clerk-Treasurer I, William D. James, ex officio City Cl erk of t he City of Englewood, State of Colorado, do he r eby ce r tify tha t the above is a true, accurate, and comple te copy of Resolution No. -----· Series of 1978. ex off icio City Clerk-Treasurer I . • l • • .. RESOLUTION NO . __________ , SERIES OF 197 8 A RESOLUTION CONFIRMI NG SUPPORT FOR IMPROVEMENTS TO SOUTH SANTA FE DRI VE. WHEREAS, the City of Englewood, through Resolutio n No . 32, Serie s of 1975 , supported the widening of South Santa Fe Drive with pr ovis i on s for exclusive bus lanes; and WHEREAS, the City of Englewood supported the trans - fer of funds from I-470 to, among other pro jects , improvements along South Santa Fe Drive, includ i ng g rade separations and inter changes where needed ; and WHEREAS, the City of En g l e wood is currently pursuing an application to the Denver Regional Council of Governments f or us e of a por tion of these trans fer funds to constru ct a one-way couplet in the U. S. 28 5 corridor between South Santa Fe Drive and Sou th Broadway; and WHEREAS, the continued health and vitality of the Englewood business distri c t requires a substantially improved flow of traffic between South Sa nta Fe Drive and U. S. 285; and WHEREAS, traffic flows along Sout h San a Fe Dr ive are projected to increase from 35,8 00 veh icles per day today to 67,300 in 1996; and from 45,000 vehicles per day today to 89,400 in 1996 on U. S. 285, there b y aggravating an already congested interchange , and WHE REAS, it is in the best interests of the City of Englewoo d and the Englewood business community that the interchange design at South Santa Fe Drive and U. S. 285 be s u ff icien t to carry all present and predicted traffic assumin g the con struction of the U S. 285 couplet; NOW, THEREFORE, BE IT RESOLVED that the City Co unc il of the City of Englewood, Colorado recommends and urges the Colorado Department of Highways to de sign the interchange at U. S. 2 85 and South Santa Fe Drive so that the maximum antici - pated volume of traffic at this location can be accommodated without undue congestion and delay, and that, when constructed, the U. S. 285 couplet can be merged to the interchange without extreme disruption and exorbitant cost; and BE IT FURTHER RESOLVED, that the design of any f uture interchan ge between South Santa Fe Drive and U. S. 285 must insure an improved level of service so that vehicular access to the Englewood business district is unimpeded . • I • ( (. • l • • .. • -2- 1978. ADOPTED AND APPROVED THIS 18th day of September, James L. Taylor, Mayor 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. , Series of 1978 . ex officio City Clerk-Treasurer • I • • - • • • • 413 R EviSE D MuN I CIPAL C oDE oF THE CITY AND C ouNTY or D EN\'ER .13 . Company's T axes t o City. That as a con sideration for the police su pervision whic h the City a nd County of Denve r find s it neces sary to exercise over and concerning the bu sin ess of the Mou ntain States T ele phone and T elegraph Company , said C ompa ny , in addition to the amounts being paid under Ordinance No . 35 , Series of 1917, enacted by this Council on the 23 rd day of Apri l, A. D . 1917, shall pay into the Treasury of the City and County of Denver a s um eq ual to one-half of one per cent (1-l ·of 1 %)of the gro ss D enver local exchange receipts of the sru d Company, com mencing J a nuary I , 1947 , on or be fore the 15th d ay of August of every year hereafter for the period J a nuary I to June 30 of that year, and on or be fore the 15th day of February of every year h ereafter for the period July I to Decembe r 3 1 of the prece ding year. (S ee also sec tion 168 .2-3) (Ord . 498, Series 19 76) .14. Auditor to Have Access to Company's Books. The Auditor of the City an d County of Denve r shall h ave access to al l of the necessary statements and books of accou nt of the said The Mou ntain States Telephone a nd Tel egraph Company fo r the purpose of checking up the accuracy of said percentage so to be paid as provided for herein for any pe riod of six (6) months. (Sec . 2, Ord . 131, Series of 1946) 413 413 -RAILROADS .1. Railroa d Speed Districts D e fmed. For the purpose of fuing the rate of speed at which railroad companies and tru stees and receivers thereof may operate trains, locomotives, engines, and cars within the corporate limits of the City a nd County of Denver, said City and County is hereby divided into d istricts, which are seve rally numbered and desc ribed as follows : .1-1. D i~tric t No . I hall exte nd fr om the Union D epot a nd the line of Seve n en th St ree t , otttherly on th e eas t ~ide of the Platte River , to \Vest Ei ghth Avenue . . 1-2. Dt-tric t :-;o 2 •hall <\tend fr om \V e,t E ig hth Avenue, _o utherly on the eas t side of ,ai d Ri ve r , to W t~t \'irgin ia Ave nue. 1-3 Di tric t :-;o 3 <.hal l e"tend fro m We st \'irgini a A\·e nue , -o uth erl y on the ra. t _ide of -<tid Ri n r . to t he <ou t h lim its of said City a nd C ou nty . . 1-4. Di-tri ct :-;o 4 <hal l e\tend fr om \\'e t Fou rth A,·en ue , sou t he rly on the \lest ide of <.ai d River to t he .ou th city limits of ~aid City and County . . 1-5 . Di stri ct ::-\o . 5 hall extend from the Pl a tte Ri,·er, weste rl y be tw ee n We st Colfax Av enue and \\'est F ourth Avenue (and \\'est Fourth Avenue extende d ) to the wes t city li m its of <ti d City and County . . 1-6. Di strict No . 6 shall extend from the Union Depot and Seve ntee nth treet, northerly to We st Thirty-Fifth Avenue , a nd northeasterl y to T we nty-Third Street. 258 19 76 Rtv I • • • • • • H\l l.lfi!H IS .1-7. J)i..,l111 t N o .7 .._fl:tfl t 'X It·nd £rHII1 \V t .. t T l ti rt v-F tC!II Av t 'IIIH" nrtrth- <·rl r , :uu l f11 •111 T \\Tr tt v -Third St t t·f·1 H <~rttu·;p.,J •·rlv , ,;, t h e tl t•r l h :uaJ t·ast ci t }· l io 11i h oo f •::i .t City ;.,,.J C<•unty . (!'n·. !, ( >n l. K'l; !'cri r< of l ~HO) .2. Rail road Speed L imi t s. II ,fl a il lo r unh" fu l f o r a rfy p e r s con, cr,m r•a ny, corp,•r.at io n , tru ~t e c, tJ r r crc·ivt·r , o r its t1 r hi s ag(•nts, s erva nt s , nr l'lllploye s, l o o pno t c <•r run \\ithiu th r l ion ih ,,f !Ia· City an d Cou nt.v nf D r•~:vc r r ai l- rnad tra in ", ctlg"ill t '"• o r c._·ar ~ a l :tny 'IH'!.:d g-n·atcr tha n t he ra t e" hcr(·in n;tuu·d, t o -wit : .2-1. .2-?. .2 -~. .2-4 . .2 -S. .2 -r •. .'l -7 . P :-&c;"-rng-c r Trai n s Di s tr'ct No. 2S Di <lrict No . 2 :lO Di s tric t N o. ~ JS Di s tri c t No. 4 2.'i J)i ,t ri <·t No. S 25 D i,lr ir·t No . (j 25 I Ji,l ri<·t No. 7 35 (S<·r-. 2 , Orrl. ~'1, Sc ·rirs o f Freig-ht Tra ins a nrl Di,conn <·c t c rl E ngines 20 M il rs J><'r H o ur 25 Mil rs p c r H o ur ~0 Mil es rw r H o ur 20 Miles pe r H o ur 20 Miles p e r ll o ur 20 M il cs p e r H o ur :lO M ilc s 1•r r H o ur 194 0) .3 . C ounci l's Power to Require Safety Gates: Hearing and Confere nce. Tl,.. C:oun l'il 'hall havr. full pr,wn a1ul au tho rity to rrqnire a n y 1w r son, p ersoi 1 ~. company, corp n r n ti11 n, trtl ~t«'<', tru s t ees, ur tc·c,·ivl·r owninJ.!, kasing. nr o prrati11,::-a r a ilroa rl w ithin th e co rpora t e limit s of th e City an rl County nf J k ll \ 1·r. I n !'la c·,."''''" fi:!J!tlH·n, 01 ga t es. o r r.thc·r ":1 fc t y ;t J,Jpl i:u tn·-... nc.; c.;,hn ll h,· ,, 111i 1t d •J,, ( •·'ll tCII. ;,t .. ,H h o hC't'S :111d -..t rc·c ·t ,_ r o ._s i nl,'" .. v.-ttl tt n 1ht~ t r•r- J••tl 1 11 ' II ( •II j 11 \' ;u td '1 •'1 11 !\' t.r n ('11\'C r : tJ .1\ '(' t I 1._' tll 1 1 \' t ·,,ll llc·d . :u td 1• ' 'c't cl.t 11 :n rd II JH't d <· lil t ' "-:IT1H · dunn ;..: .._11 r h u: • r }·r,,,r·, :t o.., -.hall Ia tJ , ... ,L!n:.tc ·d l •v lht' t'c~trnnl: 1'rr.t•,rJrd. h tJII 'fl 't r, 111 1 1.1:, It ~c tion ... hall he · t.tht•n or !-urh r ···quirf'IJH'l t hl• lll:Jdc J,y ( Hl liH 11. u n l, ...... a nrl un t i l a lw;tri!IJ! and l ·llfl'H'tH.'C in n (!ani tiH:n ·tn '-h all bt had J,,. ;lnrl ),,.jr,rc the C n 11 11 t il ''it II ... 11th pt r :--clll. JH"f ... ft ll ... t 't ii !I JI; ll Y, fc r 1 r.ttt••11 . tn ... f c , t rtP .. N·~. 0 r n ·tc l\1'1, :II It ·; .. ( tl lt r l v (30 ) cl;!y .. l ·vfc.n · .. •h -h ol t \l<l fl i t 1_, n 1/1 J"('IJ llirc tncnt , ... 11 1.P it ·, 11{ \\ l11rh ltc ·;lling :md lLillft n ·nc<· 1<:.1 .,.,t .Jc · p:1111 11 •tti c t ~hall lH· gl\tll i11 \\'tHin:_: tu tlw I>IJ ... nn. pc-r'"''""'· Cfl lll f':cn y , lf lfJH•r:tti iJ n, tr u ~tce, tru .... 1cT .. , ••r 1•••·1\'tr a;.:ain ... t \\ll••m .... w h ar t i,,n ''r n·qn ir t mt·nt i ~ J'r'J fi 'J"'c'U. Cwc . 3, ! h d ~.· 1• !'. c i,., .,f 1'110 ) .4 . I nterference With Railroa d Safe ty Devices Prohibited. It 'h:dl he nl1l:i\,flll ft•r :111\' l"'l ..;,nn ''r Jn'l .. no -.. wilfully ''r tn a l ici••u ...,Jy \t • rneddlt· o r 11111 '1 f•·11 · "ith th•· "fH:r ;ttinn nf. t1r 111 .cnv wav 111j 11n · o r d a ma~t·, an .' r :lilrn:ad J~:ttt · or 11t lu ·r .. ;tft•ty :qqtli:tlll't• of :111 _\' l,111d 11 1---l:a llc ·d . 1u~pt . o r op~r:drd at a r ;n ln •. td t 1"1 • .. lllJ~ "'' r a ny '-.ln·c t 1 1r IIIJ..'h\'a.\ in t hr Ci t y a ud (.',,HillY n f ll•·n"·r l'wc ·1, I lr•l. X'l, !'cri<• ••f 1'1~(1) .S. S a fety Prec autio n s at 43rd Ncar G alapa~;o Street . The Cnlorado and Sout ltt r11 l<:nh\OlV ( ftlllpanv : ('ltit :q.:.:n . Burhug-tcm & Qui n ey R ni lro ad Com· pauy; anrl Tho · lh11 vn :nul Sa lt l .a),,. llailw~y Company he (and they h t r eby arc n·quin·d tn ,.,~l tlwr fnn11 ... h , .. t a tt1111 , :tnd n1 :.i ntain a wat(·hm a n , hc t wecn th e"'""'' ••f i :lS II. M. a nd '!:30 II.. !11., :cn oll><·twr•·n the h o urs of 2:00P.M . :11ul ~ :.10 1'. !\1 . "" •·or h puhli '.-ltonl <lay <lu ring-<':t<'h pultlic ~chool t e rm, on \V est 43nl 1\.vcnnc, h ct w cc n <;n la p a g-o and l 11 c a S trr<'l', in th e Ci ty and Cou11ty o f l k nver and S tate o f lolnrac lo , wh<'rr th e r.,::-hts nf wav o f sai d Conopany nrr no,,erl by sa id \.Y rst 4.lrrl 11.-ru tu•. (Sc,·. l , Ord. 59, Series o f l '>.ll) 259 • I • • • l • • - .5 -l. Sofe ty D evic e a t 43rd Nca r G a lapag o Stree t . Tlu· Co lur;rd" 'ln d Slntt 11c t 11 J ~.t dw:tv C"tllll p any, 111C' C hl<'·t~~). I!H11111 J,!Io n & Quincy H ailroad ("unr pany; :uul Tlt c l k rl\•r•r anrl ~alt l.ah· Ha il w ay ('c,mpany ar~ rcqUir~rJ to f t.rni .... !t, in'-1 1:11 1. :1n d 1na i11 tain at \\'~· ... r 4 .~nl A\'t 'll1tc :u u l c ;~tl:tp.l~-:o S t n ·ct a ·,igna l rl l'vic.-whir h will fl a.h a rr ·d li g ht a nrl ring-a be ll u r J.:"I1J.: th er eon \\'h t'IH '\'t·r :1 lnrnnHdi\'C• o r t ra in n f ca r s 1 ~ :t pprn:lclli ng-~a id rruC' .... iug-n n !-,UCh Co111p:lny·.., 111:tio lin(' JO'tW i d t rl. h 'J U'f'l 't·r. i f :111 y of ~aid Comp ani1·c;; "''a ll eJec t to, an d o..,J1 .1 ll , ~l q p al l j.,,,:OnHJ ti\'t·o.; nr train "' ctf ca r s mov i ng o n it s 111:1i n lin e, hc ·fo n· p r ot 1'1'di 11 ~~ (J\C·r ~;li1 l c.:r n!'t s inJ...:" and h :t\'f• ~n c h l oco m otive n r trai n o f ca r ~ prn t•tkd tl u ·n ·o \'t·r lty ~In c·mp luy c•, ...,tw h ( ·"111!':111)' :-,hall IHJ I h t • u·•111ir('d In f 11t11i ~h ••r Jll :t illtain ••r p ;ll·t icipa tc · in thr · fuJni ...,I1111 J.! 11r JII:Jill lf 'll ann_• o f ~ur h ~ig-tl:t l ; :111d 1n ·o,·ir/,·d . furl lu r. IHIJH· n f .... a1 d C umpanil':--..,ha ll l ~t · r c•fll ir c d H1 ~lop i t .... Jt ,,.,,Jtt r •li \T..,, t ·:1ro ... r 1r lr:IJIJ ..;, ••r ... ,.111! a11 t'lllph•yt· aiH:a d th <·r l'of tJ v c r .... tid nu:-.:-.i ug , ,,hilt-tl1 c· \\:Jirhlll:t ll rm •,id c•d r,,r in St.·c ti•>n 413 .S lu·n ·q f is on d11t y. (S ,·c. .!, < >1 d . S''· ~t ·J iC' ... ,,r I '~J.!) .5-2. Violations. l'a.-lr da y ',; fai lurr·, rtr ·~-:lr-ct, ro r rdn "ll t n noru pl y with tir e prn vi s iron s .,f S r..-li •••" ·11 .1 .~ '""' 41.1.~-1 ·l •a ll lo c <lr • ·n•od a ~<·p ara tc a nd rli 't inc! of fcnsr·. (Sr..-. 3. I >rd . 5'J, ~r ·rie~ .,f I'H:?) .6. Warnings. It 'hall l or tlrl' rlnty of tl tl' .-nJ;ira·cr '" "t hcr I''"""" in r harg t: of a 11 y lt~conJt•livt · t•n g iau: witl1i11 ih e City and C o unty ,.f JJc ·nv ('f , on :1pprnachi ng-any puf,Jic t·r nss ing-, !-'tn·<·t. or hig-hway , to ring-tfH! lnc•rmo t ivc l>t ·ll ,u ffi,·i,·ntly lu nrll y tn warn all !''"'""'of th e appro.1dt ,,f 'u c lr locro nr o tive t'B .l!'i r~e·, :unJ 1o co11tinue to rin~ !-'nch IH ·lJ until !"luc h Jorf•tnotiv ,• l'Tl~in c an d t r.tnl ,,f c:tr!-' !-'hall hav<• ck:rrr(l s uch cros~inJ,.!'. E ve-r y vinlatinu c,f th is s •·c tion ,!J ;Iff t'P IJ s litlll l' :\ :O.I'Jt:tl'a{t• ltfft<II S t ·. (St'C . Jf ,(t J ) .7. U nlaw f u l f u r H a~lroads t o O bstru c t S treets an d Il r,.;hwa ys. '; 1 l 1 •.h ;dl J,, nnl ;n'\ fnl 111 ~tl ..... lr u"t tl u · fn•, Jtil '·:it~r ,,f 111\ "'lfl·(·t (J I' pni .Jh 111 ::11\\.t\ ,til '''' ,,),idl ;, r:ti!t ,•ad ,,r r;lilroad ... 111 :1\ l r~ ,,,,, trJ JI 'INI o r u 1u 1 :11• d \\l ll~tll the · t '·' .tlld t ·II IJIII\ ,,f IJt''l\er, hy 11u ·:t lh uf :u" rail rll~•d t'.tl • I \,It·. t•f )oi\"t Jll n ll\1' tli'!l lll · rrr lll~int ... , r11r a }H'IIItd t'\l't·t•dii Jg-ftVC (5) lllilll!lt '-.,f lillie· :11 .JIJ \ 11 111 IIIIH· -' \\ llc·J,· t lH J;t!IJ"·'d lt.u 1\ ... ,,f l\\11 ••r nun c J:ttlr"ad .... f."+tlllp;tlli(;!:i ''" ;11 1_, ... t111 t nr Jnddw 111&..:1""') '"thin tlu· Cit ~' ;tnd ( ••un t ) .. r j}, nvc r Ill •I 1111 II t' I kill t •ig llt_\ I· tt (SO') ·'fi·'' t. Ill .any a lid ~Ill ... 11dl Gl'l'S t ile frn; p.t ....... a ge ,,f lhh -...ll•·l·t n r puldH ltit-.:h''·'.' ~h all 111•1 lu.: o),!-.t ru rtt·cl l•y till; tl•ll l.urn·nt, p ;ttl!.tlly l<Jih'lll rt ·nt. t't HI ...,t'l II II\ •·. ••r l '·n l1ally ~ n11 •~• t 'IIII\T l';,..., .... agt· uf railruarl l ',IJ nr t.Jr .... Il l IH\tllllllli\l' c·llgrn.· llf 1 '11~111('!-. ur all) t\\"1 1 trr 11J()f~ tt f ~:tid n•tllp:ltth · ... "''dJi,., lljH 11 tiJ, .... antt· ••r IIJI'•11 '-ll ll""l :nltJ:diy )ta ralld railroad trac" t•r lt.t lk', "''~''hall the t.11 ''r tar ... ••r l .. r,,lllt,ti\'t· c·11g11H· ''r t·ng-iuc", of anv 1\\d ••r lllftr(· •d -...;t id tll111p:llt ll ''· wlu·thcr 11f11HI till' s:UII<' o r 11po11 ... uh .... tan~ tia fly paralll'l r :tilr11,1d tt o~t l~ or tr.trk..., \\ithin ..,:11d dJ .... l:IIHt· ,,f '''.l.dlly fn·t ft)O'J, ltl' JWIItllllc ·d '" Jttll,llll 111, ••I UJ'''Il, or aero..,!-., <tr 1•:111i.dly :ur'"~ tlu· .... :tiiiC, <'.\ltTdii!J: ft\l' ($) nliuut c:' at .til) lJIIt' 1i111l.' f,,r all till' 11.1111...,, rar ..;, o r loC(J - IIIt d 1\ , • ...,, ur ,.; t l u r tl HTt'l•f , of a II '\ai d raill c t.1c l t'11n1 p an ir·..., .'i 3. lr 'hall fw ll~t· clot_, 11f any JH . .'r ... OII o r pc ·rsnn "'. r :tdtttad , lllltJI.liiY or '"'Jull :lthlll, 11r t IIJ~IIIt'l 'f, c 'Hlllllrtur, ):trdtllau, ~wtlt lnn:ut, fl.•gntau, o r gat•·tnan. wlwnc •"c·r tilt ·,,,.,. p.t -.. ... agt· ,,r an y ~ud t ... tn.·t·t ••r pnJ,JH· l11gl1\\:ty Ita~ l tt•t ·u "'' lrtu It d (,.,·lilt JWIIud ,I{ l ive{.)) tn iuu tc · ... at .n1 y ""'. tllllt.', a-.. pnnidcd in tl11 ..... ,., 11'•11 ~l.~ 7, h.) tl11 · :-.:11d t ·ar 11r ~'•lf!'\, lonJ rnu ti vt· n r ltH'Oillu ti v<'!), to rt'lll'''' ,JJH ) "t l).!"llal, :1 1111 C":J II 'I' 1 11 1' fl 'llhJV illJ,!" tJf :1ny :tnd aiJ Mlt'h t•ar liT t'a r s , J u~r•nl••ll\'1 ••r l~t C••Int~ll\t'"· t•• l'f'llt ••vr· anti :-.ig'll:tl , a 11d <.':lll "t ~' lht• lt'IIH•ving of .Ill\ :11111 ;Iff '"' f, 1 11 "f l'itr ..... ''" '"""lllltll\t' ••r '"'••IIP•ll\'c ', lr11111 ~1\ross • I • • • • - RAlLROADS 413 such s t ree t o r publ ic highway, so as t o permit the fr ee pa ssage along s uch street o r pub lic highway fo r a per iod t herea fter of not le s s than th ree (3) minutes, o f a ll accumu la ted publ ic t ra,·el, and each fa ilure so to do sh all cons t itute a distinct a nd sepa rate o ff en se. (Sec . 6, O rd . 89, Series of 1940) .8. R e gulations P ertaining to H eavy Road Equipment Crossin g Rail- road Tracks . . 8-1. No pe r so n shall operate o r move a ny cate rpillar trac tor, s t ea m s h ovel, derr ick , roller, or a ny equ ipme nt o r structure having a normal operat ing speed of si x (6) or less mil es pe r hour o r a verti cal body o r loa d c lea r ance o f less th a n nine in h es (9'') above the leve l surface of a roadway upon or ac r oss any trac k s at a ra ilroad grade c r oss ing, in the City and County of Denver, with out first co mply ing wit h this Sect ion 413.8 . . 8-2 . Notice of any s uch int ended crossing hall be given to a s uperin- tend en t of the railroad o ,·er whose trac k crossing is intended, and a reason- able time sha ll be given to such ra ilroad to provide proper protection at such crossing . . 8-3. Be!ore making any su ch crossing, the pe rson operating cir moving any such vehicle or equipment shall first stop the same not le s s than ten feet (10') no r more than fifty feet (50') from the nearest rail of such rail- road , an d while so st opp ed shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, a nd sha ll not proceed until the crossing can be made safely . . 8-4. No uc h c r o~s ing shall be made when warning is given by auto- mat ic -ignal. or , ~o ••ing gates. o r a fl agma n or othe rwis e o f the immedi ate "h roach d a ru .lr"ad train. lo~omot i,e, o r car. (Sec. 8, Ord . 89, Series of 1.140) .9. Railroads R e u ired to Deliver Freight Promptly . All r a ilroad co r- porations recei,ing carloads of fre ight in the City an d County of Dem·er etween the ht•ur oi i :00 /\ ~f. and 2:00 P .~l. ~hall he, and eac h of them is hereby required to deli\er the sa me for unload ing a,; promptly afte r such atriva l as is co nsisten t w ith safety , 3nd as :-oon a:. ~witching optra tio ns w ill ptrmit. (Sec. I , Ord . 102, Se r ies of 1<1 34 ) .lO. Construction of Article . . 10-1. 1\othing ront ai ned in t h is article, and no act of any pe r son , person . company, corporatio n, tru st ee, tr us te es, or rec ei Yer , by re aso n of or pursuant t o enac t ment o f t his a rticle, shall be held or co n s trued to consti- tute a contrac t betw ee n the Ci t y and Cou nty of D enver and a ny person , per5o ns, compa ny, corpo ration, tr ustee, trustees, re ce ive r, o r lessee , own ing, controlling o r o perating a ny ra il road. 10 -2. No provision of this article s hall be construed t o relea se any such person , persons, company, corporation, tru s tee , trustees, receiYer, or l es ee from any obli g a t io n n ow existing or which hereafter may be imposed by the City an d County of Den\'er t o raise or lower track s , or to construct s ubways, o r t o build viaducts at anr. or all s treets wi th in said City, when orde red to do so by the City Co unc1l. .10-3 . Nothin g in this article contained s hall commit the City a nd County of Denver to any permanent plan or system with respect to the operati c.n of railroa d cars, locomotives, or trains; for the protec tion of public o n s treets or at s treet c rossi ngs; or for the regulation and co ntrol an d supervi sion of railroad tracks. 1974 Rev. 261 • I • • - • • • • 413 R EVISED MUNICIPAL C ODE OF TilE CITY AND C OUNTY O F D;:NVER .10-4 . The Ci ty an d County re sen ·es the right to alte r and amen d o r repeal an y o f the pro,·i s io ns in this a rticle 413 . an d to exercise full con trol and supervisio n ove r the operatio n o f all railroads with in the Ci ty an d County o f Denver, the sam e as though sai d article had not been enacted . (Sec. 5, Or d. 89, Se ries of 1940) .II. R ailroad Employes to be Informed of th e P r ovis io ns of Article. Each person, compa ny, co rpora tion , trustee, receiver, o r les ee operating any railroad in the Ci t y a nd Coun ty o f Denve r , sha ll keep his o r its e m- ployees, in charge of the operation o f locomotives, ca rs, trains, gates, o r o t h er crossing sa fety appli a nces with in sa id City and Cou nty, informed of ·the provis ions o f all o rd ina nces of said City an d County relating to the operation o f such loco motives, cars, trains, gates, or sa fety ap p ian c es; an d s hall furnis h to any officer of the C it y a nd County applying th erefo r , the nam e o f a ny p e rson in his o r its employ w ho shall have b een ch arged wi t h having violated any o f the provi s ions o f any s uch o rdinan ce . (Sec. 7, Ord. 89, Series o f 1940) .12. V iolations. Each day during which violation o f any pro vision o f thi s article is continued sha ll be deemed a sepa rate o ff ense. (Sec. 9, Ord. 89, Series of 1940) 420-TRANSPORT 421 -DE NVER METRO TRANSIT FARES R epealed by O rdinance 626 , Se rie s 1974. 422-TRAMW A Y Rep ta led by O rdina nce l\o. 340, Seri es 197 1. 422A-WESTMINSTE R TRANSIT CO MPAN Y Rtpealed hy Grdinanct l\o. 340, Series 19 71 . (pages 263 thru 279 are omitted) 262 • tnt Rev. I • • • 8 -5 -1 SECTI ON : 8 -5-1 : 8 -5-2: 8-5-3 : 8 -5-4: • • • CHAPTER 5 RAILROADS Train Regu lations Duty to G ive Warnings Obstructing Streets Boarding or Alighting From T rai ns 8-5-1 : TRAIN REGULATIONS: l 8 -5 -1 (AI Lights on Trains : It shall be unla wful for any railroad, railway company or corporation, or any person in their employ, to move , propel or cause to be 1)10ved, propelled or driven any railroad car, t rai n or locomot ive withi n the corpora te limit s of t he City at any time from one-half ('hi hour o ft~r sunset to one-half ('SI hour before sunnse and at any other lime where th er e rs not sufficient light to render cl early discernible such railroad car , tram or locomo tive at a distance of frve hundred feet (500'1. unl ess the same shall , at the front moving end of the railroad car , train or locomotiv e. drsplay a lighted lamp or lamps commonly called hradlights which will clearly out li ne objects in clear wea ther at least one thousand fee t (1,000'1 ahead or unless sai d railroa d car, train or locomotrve shall come to a complete stop and sen d a signal ma n wi t h a lighted lantern or flare ahead at each crossing in the Cit y before proceeding across the crossing. ( 1971 Code, sec . 18 .11 (81 Speed of T rains : It shall b e unlawful for an y railroad , ra ilway company or corporation or any pe rson in th eir employ , to move, propel or cause t o be moved , propelled or dr iven any railroad car, train or locomotive within the corporate limits of the City at a rate of speed exceeding twenty five (251 miles per hour. (1971 Code, sec . 18.21 • I • • • l • • • 8 -5 -2 8 -5 -4 8 -5-2: DUTY TO GIVE WARNINGS: It shall be the du ty of th e enginee r or other person in charge of any locomotive engine, while running within the limits of the City, to sound whistles or other warnings sufficiently loud to warn all persons of the approach of such locomotive engine. (1971 Code, sec . 18.3) 8 -5 -3 : OBSTRUCTING STREETS: It shall be unlawfu l for an y person, railroad company or corporation to obstruct the free passage of any street or public highway within the City by means of any railroad car or locomo t ive engineer or permit the same to remain in or upon any street or public highway across which the railroad may be constructed or operated, excee ding five (5) minutes at any one time. (1971 Code, sec. 1B.4) 8 -5 -4: BOARDING OR ALIGHTING FROM TRAIN: Any person who shall step on or off, or attempt to step on or off the platform of any locomotive engine or any railroad or streetcar within the limits of the City while such locomotive engine or car is in motion shall be guilty of a misdemeanor. This Section shall not apply to any person in charge of an y locomotive engine, railroad car or streetcar. (1971 Code, sec. 18.5) • I . • l • • • ,-:tJ?J_ J, V t 0<-0 0 Q. c..A J,._j 0 I rz L,} ( , 1..._ c( 6-L ')<. C/.S-q f uu&_ tL. j,_; a [l(. { q _ {? --tt) ) .. INTRODUCED AS A BILL BY COUNCI LMAN ---~~~-~-~---~-~~------------- A BILL FOR AN ORDINANCE APPROVING AN AGREEMEN T FOR LIBRARY SERVICES BETWEEN THE ARAPAHOE REGIONAL LIBRARY DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, The Arapahoe Regional Library Distr ict being a statutory regional library district, organi zed a nd formed pursuant to Title 24, Article 90, C.R.S. 1973, as amended; and WHEREAS, The City of Englewood operates a publi c 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 parti e s have contracted previously for a co-operative approach to the provision of such library service s. NOW THEREFORE, be it orda ined by the City Council, City of Englewood, Colorado as follows: Section 1. That the City of Englewood shall ente r into a contract with the Arapahoe Regional Library District accord- ing to the provisions of the written instrument, "Agreement for Library Services ", a copy of said agreement is attached hereto consisting of two (2) pages, and is herein incorporated by this reference. Said instrument generally provides as follows: 9 (1) The district shall pay to the City of Englewood for the year 19~ fifty-five ($.55) cents per item circulated to Cou~ty Residents, less items circulated during 19~7to City Residents from the District 's Facil~ty. (2} The term of said agreement shall b e the year com- mencing January 1, 1979, and ending December 311 l97 l!.OJ (3) The District shall have access to the City Library Records d ur ing regular business hours for the purpose of verifying all figures supplied to the District and the City shall have access to the Dist rict Library records for the same purpose. • I • - • l • • - (4) During the term of the agreement, the City shall establish and maintain a Bookmob ile stop on a once-a-week basis to the Alice B. Te rry School area. (5) An a nnual audit shall be made and a review held to verify microfilm records of trans- actions, but said verification may be mad e by other accepted means. The result of the annual audit of transactions occuring for the term fo the agreement shall b e forwarded forthwith to the parties, but in no event later than June 1 , 1980. The District shall support at the cost of said audit in an amount not to exceed five -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 officio City Clerk- Treasurer shall attest the same. Introduced, read in full and passed on First Reading on the ___ day of ---------' 1978. Published as a Bill for an Ordinance on the day of --------· 1978. 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 Bill for an Ordinance, introduced, read in full and passed on First Reading on the day of 19 78. ex offic~o C~ty Clerk-Treasurer -2- • I • • - ( • { • • • AGR WIEIH fO R ll GI<ARY SERVICES THIS AGREn:nn, made and entered 1nto this __ day of --------- 1978 , by and between the ARAPAHOE Rf ,; .AL LIBRARY DISTRICT , hereinafter somet i,.,e s referred to as "District", a nd THE c iT Y OF ENGLEWOOD, a Municipa l Corporation, State of Colorado, he re1nafte r sometimes referred to as "Ci ty",. WITNESSETH : WHEREAS, the Arapahoe Regional library District, bei ng a statutory regional llbrary district organized and exis ti ng pursuant to Title 24 , Article 90, Colorado Re vised !;ta utes , 1973, as ame nded,. for the purpose of provid1ng l1brary service to the residents of the unincorporated areas of Arapahoe Coun ty and those municipaUties within sa1d coun ty not operating their own public libraries; and IIH REAS, the City of Englewood operates a pub 1 i c 1 i brary wi thin its corporate boundaries and desires to cooperate w1th the Dis rict in providing library service to Distnct residents according to the terms and conditions as hereinafter set forth below, and in accordance with applicable statutes of the State of Colorado; and WHEREAS, the parties have contracted previously for a cooperative approach to provision of sai d library services and desire to continue providing sai d services between the City and the District. NOW, THEREFORE, for and in consideration of the mutual premises herein, it is agreed by and between the parti e s hereto as follows: l. The District shall circulate to librory cardholders of the City of Englewood any item ava1lable for circulation fra11 the Dis trict's library faciliti e s , and the City shall circulate to Arapahoe County residents who qualify for and possess a District library card any item available for circulation from the City's library facilities . Both the Distr1ct and the City shall maintain circulation records for said transactions and shall submit the same to each other on a quarterly basis. Upon the receip t of said reports, the City s hall debit the District for each item cir- cu lated by the City to District cardholders, and the District shall debit the City for each iteM circu lated by the District to the City cardholders at the rate of flfty- flve c ents {$0.55) per transac tion, and payment for the net difference between said transactions shall be ,..,.d e accordingly by the library with the lesser circulation figures to the library with the gr~ater circulation figures at this rate. Z. The term of this agreement shall be for the year co encing Janua ry 1, 1g79 up to and i nc luding DeceMber 31, 1979 . Du ring sa i d term, all qualified cardholders for both the Di strict and the City libraries may enjoy reciprocal borrowing at bo th he • I • • ( • { • • • -?- City and t '•e D1str1ct facilities respect1vely; and saia cardholders shall be subjec t to all applicable rules and rcgu)at ons assoc iated t herewith. 3 . It is unde rstood be t ween t he parties hereto that the Distr ict shall not receive any equity in book stock or in any of the Ci ty's library facilities by virtue of the terms of this Agreement; and, the City shall not receiv e any equity i n the bo ok stock or in any of the District's libra ry facilities by virtue of this ag r eement. 4. The District s hall have access t o Ci ty l1brary records during normal business hours fo r the purpose of verifying all figures suppl1ed to the District by the City and the Clty shall have access to Di str ict library records for th e same pur pose. 5. Dunng the term of th i s Agreement, City will establish and maintain a bookmobile stop on a once-a-week basis t o the follo..,,ng area : Alice Te rry Schoo l 6. Dun ng the annual audit o f each pa rty to this agreeme nt , an audit of one month's library transactions undertaken pursuant o the terms of this agreement shall be reviewed. The month to be reviewed shall be randomly selec ted by the auditors, and the revi•w shall be made by verifying microf ilm records of said transac tions or by othe r ac cepted means . The r esult of each a nnual audit of sa1d t ransaction! occurr ing for t he terl'l of this ag r eement shall be forward ed forthw ith to the other pa r ty for its review, but in no event l ater than June 1, 19BO . The Dis tri ct will support cost of sa id audlt to a sum not to exceed $500.00. IN WITN£SS WHfREOF , the pa rt ies have se t their hands and s eals below . ATIEST: Secretary ATIEST: ex offlClO City Clerk Treas urer ARAPA HO[ REG I ONAL LIBRARY DISTRICT By "P"r-=-es=-,,..· d'"'e,-n""t-, ""B"'o:-:ac:r:::;d-o"'f'""T"'r"u:-:s tees THE CITY OF [:lGL£\1000 By M'".,,-y"'o""r _____ _ • I . , • ( • • .. • INTRODUCED AS A BILL BY COUNCILMAN Mann BY AUTHORITY ORDINANCE NO. ___ , SERIES OF 1978. AN ORDINANCE AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AND 22.8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 22.4-13 b. (1) of the Comprehensive Zoning Ordinance (Ordinance No. 26, Series 1963, as amended) is hereby amended to read as follows: 22.4-13 I-1 Light Industrial District b. Permitted Principle Uses: Section 2. (1) Manufacturing, processing and/or fabrication: Insert in alphabetical order after, Metals ingots, pigs, sheets, or bars, manufacture; the following: "METAL SHREDDING, AUTO SHREDDING AND SIMILAR OPERATIONS" That Section 22.4-14 b. (2) of said Comprehensive Zoning Ordinance is hereby amended to read as follows: 22.4-14 I-2 General Industrial District ----- b. Permitted Principle Uses: (2) Manufacturing, processing, and/or fabrication: • I • • , • ( • • ,. • The Manufacturing, processing, and/or fabrication of any commodity, except the basic manufacture and processing of animal by-products or any organic type fertilizer: AND ANY METAL SHREDDING OR AUTO SHREDDING OPERATION, OR SIMILAR USE. Section 3. That Section 22.8 of said Comprehensive Zoning Ordinance is hereby amended by adding a new definition thereto as follows: 22.8 DEFINITIONS All words used in this Ordinance, except where specifically defined herein, shall carry their customary meanings when not inconsistent with the context. Words used in the present tense include the future tense; words used in the future tense include the present tense; and the plural includes the singular; the word "building" includes the word "structure", the word "shall" is mandatory; the word "may" is permissive; "occupied" or "uses" shall be considered as though followed by the words, "or intended, arranged, or de- signed to be used or occupied". METAL SHREDDER. AUTO SHREDDER, AND SIMILAR SHREDDING OPERATIONS. THE PROCESS INVOLVING THE DESTRUCTION, DISINTE- GRATION, OR TRANSFORMATION INTO RAW MATERIALS OF PREVIOUSLY MANUFACTURED METAL PRODUCTS OR METAL ITEMS WHICH HAVE BECOME WORN OUT, INOPERABLE AND USELESS SCRAP GOODS. SUCH SIMILAR OPERATIONS SHALL BE THOSE THAT CREATE A PHYSICAL HAZARD TO PERSONS BY THE EMISSION OF EXCESSIVE SOUND, VIBRATION, HEAT, GLARE, DUST AND FUMES OF A DEGREE AND TYPE NORMALLY ASSOCIATED WITH AUTO SHREDDER OR SCRAP METAL SHREDDER OPERATIONS. Introduced, read in full and passed on First Reading on the 21st day of ~A~u~g~u~s~t~------' 1978. Published as a Bill for an Ordinance on the 23rd day of August , 1978. -2- • I • • - • • l • • - 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 officio City Clerk-Tre3surer -3- • I • • • • • - INTRODUCED AS A BILL BY COUNCIU.1AN ___ ..;.M-'a""'n"'"'n-'------- BY AUTHORITY ORDINANCE NO. ------' SERIES OF 1978. AN ORDINANCE AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AND 22.8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 22.4-13 b. (1) of the Comprehensive Zoning Ordinance (Ordinance No. 26, Series 1963, as amended) is hereby amended to read as follows: 22.4-13 I-1 Light Industrial District b. Permitted Principle Uses: (1) Manufacturing, processing and/or fabrication: Insert in alphabetical order after, Metals ingots, pigs, sheets, or bars, manufacture; the following: "METAL SHREDDING, AUTO SHREDDING AND SIMILAR OPERATIONS" Section 2. That Section 22.4-14 b. (2) of said Comprehensive Zoning Ord i nance is hereby amended to read as follows: 22.4-14 I-2 General Industrial District ----- b. Permitted Principle Uses: (2) Manufacturing, processing, and/or fabrication: • I • • • • • • The Manufacturing, processing, and/or fabrication of any commodity, except the basic manufacture and processing of animal by-products or any organic type fertilizer: AND ANY METAL SHREDDING OR AUTO SHREDDING OPERATION, OR SIMILAR US~. Section 3. That Section 22.8 of said Comprehensive Zoning Ordinance is hereby amended by adding a new definition thereto as follows: 22.8 DEFINITIONS All words used in this Ordinance, except where specifically defined herein, shall carry their customary meanings when not inconsistent with the context. Words used in the present tense include the future tense; words used in the future tense include the present tense; and the plural includes the singular; the word "building" includes the word "structure", the word "shall" is mandatory; the word "may" is permissive; "occupied" or "uses" shall be considered as though followed by the words, "or intended, arranged, or de- signed to be used or occupied". METAL SHREDDER. AUTO SHREDDER, AND SIMILAR SHREDDING OPERATIONS. THE PROCESS INVOLVING THE DESTRUCTION, DISINTE- GRATION, OR TRANSFORMATION INTO RAW MATERIALS OF PREVIOUSLY MANUFACTURED METAL PRODUCTS OR METAL ITEMS WHICH HAVE BECOME WORN OUT, INOPERABLE AND USELESS SCRAP GOODS. SUCH SIMILAR OPERATIONS SHALL BE THOSE THAT CREATE A PHYSICAL HAZARD TO PERSONS BY THE EMISSION OF EXCESSIVE SOUND, VIBRATION, HEAT, GLARE, DUST AND FUMES OF A DEGREE AND TYPE NORMALLY ASSOCIATED WITH AUTO SHREDDER OR SCRAP METAL SHREDDER OPERATIONS. 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 1 1978. -2- • I . ( • • • • 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 officio City Clerk-Tre~surer -3- • I • • - ( • • • • INTRODUCED AS A BILL BY COUNCIU~N ------~M~a~n~n~-------- BY AUTHORITY ORDINANCE NO. _______ , SERIES OF 1978. AN ORDINANCE AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AN D 22 .8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPE RATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO UN CIL OF T HE CITY OF ENGLEWOOD, COLORADO, as follows: S ec tion 1 . That Sections 22.4-1 3 b. (1) of the Comprehens ive Zon i ng Ordinance (Ordinance No. 26, Ser ie s 1963, as amended ) is hereby amended to read as fol l ows: 22.4-13 I-1 Lig ht Industrial Di strict b. P e rmitted Princ iple Uses: Section 2. (1) Manufacturing, processing and /or fabrication: Insert in a lphabet i cal o rder after , Metals i n got s, pigs, sheet s, o r ba rs , ma nu fact ure; t h e foll ow i ng: "M ETAL SH RED DI NG , AU TO S HR EDDI NG AND SIMILAR OPERATION S" That Section 22 .4-14 b. (2) of said Comprehensive Zoning Ordinance is hereby amended to rearl as follows: 22.4-14 I-2 General Industrial District b. Permitted Principle Uses : (2) Manufacturing, processing , and /or fabrication: • I • • ( • • • • The Manufacturing, processing, and/or fabrication of any commodity, except the basic manufacture and processing of animal by-products or any organic type fertilizer: AND ANY METAL SHREDDING OR AUTO SHREDDING OPERATION, OR SIMILAR USE. Section 3. That Section 22.8 of said Comprehensive Zoning Ordinance is hereby amended by adding a new definition thereto as follows: 22.8 DEFINITIONS All words used in this Ordinance, except where specifically defined herein, shall carry their customary meanings when not inconsistent with the context. Words used in the present tense include the future tense; words used in the future tense include the present tense; and the plural includes the singular; the word "building" includes the word "structure", the word "shall" is mandatory; the word "may" is permissive; "occupied" or "uses" shall be considered as though followed by the words, "or intended, arranged, or de- signed to be used or occupied". METAL SHREDDER. AUTO SHREDDER, AND SIMILAR SHREDDING OPERATIONS. THE PROCESS INVOLVING THE DESTRUCTION, DISINTE- GRATION, OR TRANSFORMATION INTO RAW MATERIALS OF PREVIOUSLY MANUFACTURED METAL PRODUCTS OR METAL ITEMS WHICH HAVE BECOME WORN OUT, INOPERABLE AND USELESS SCRAP GOODS. SUCH SIMILAR OPERATIONS SHALL BE THOSE THAT CREATE A PHYSICAL HAZARD TO PERSONS BY THE EMISSION OF EXCESSIVE SOUND, VIBRATION, HEAT, GLARE, DUST AND FUMES OF A DEGREE AND TYPE NORMALLY ASSOCIATED WITH AUTO SHREDDER OR SCRAP METAL SHREDDER OPERATIONS. Int rod u ced , r ead in ful l a nd p a sse d on Fi rst Reading on the 2 1 st day of _A~u~g~u~s~t~------' 1 9 7 8. P u bl i she d a s a Bi l l for an Ordinan ce o n the 23rd day o f August , 1978. -2- • I ( • • • .. • 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 officio City Clerk-Tre~surer -3- • I • • ( • • • • INTRODUCED AS A BILL BY COUNCILMAN Mann BY AUTHORITY ORDINANCE NO. ___ , SERIES OF 1978. AN ORDINANCE AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AND 22.8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 22.4-13 b. (1) of the Comprehensive Zoning Ordinance (Ordinance No. 26, Series 1963, as amended) is hereby amended to read as follows: 22.4-13 I-1 Light Industrial District b. Permitted Principle Uses: Section 2. (1) Manufacturing, processing and/or fabrication: Insert in alphabetical order after, Metals ingots, pigs, sheets, or bars, manufacture; the following: "METAL SHREDDING, AUTO SHREDDING AND SIMILAR OPERATIONS" That Section 22.4-14 b. (2) of said Comprehensive Zoning Ordinance is hereby amended to rearl as follows: 22.4-14 I-2 General Industrial District b. Permitted Principle Uses: (2) Manufacturing, processing, and/or fabrication: I • • - ( • • • • INTRODUCED AS A BILL BY COUNCILMAN Mann BY AUTHORITY ORDINANCE NO. -------' SERIES OF 1978. AN ORDINANCE AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AND 22.8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 22.4-13 b. (1) of the Compre hensive Zoning Ordinance (Ordinance No. 26, Series 196 3 , as am e nded) is hereby amended to read as follows: 22.4-13 I-1 Light Industrial District b. Permitted Principle Uses: Section 2. (1) Manufacturing, processing and/or fabrication: Inse r t i n alphabetical order after, Metals i n gots , p i gs, s heet s, or ba r s, manu f acture; t h e followi n g : "M ETAL SHREDDING, AUTO S HREDDI NG AND SIMILAR OPERATIONS" That Section 22.4-14 b . (2) of said Comp r ehensive Zoning Ordinance is hereby amended to rearl a s follows: 22.4-14 I-2 General Industrial District b. Permitted Principle Uses: (2) Manufacturing, processing , and/or fabrication: • I • - ( • • • • The Manufacturing, processing, and/or fabrication of any commodity, except the basic manufacture and processing of animal by-products or any organic type fertilizer: AND ANY METAL SHREDDING OR AUTO SHREDDING OPERATION, OR SIMILAR US£. Section 3. That Section 22.8 of said Comprehensive Zoning Ordinance is hereby amended by adding a new definition thereto as follows: 22.8 DEFINITIONS All words used in this Ordinance, except where specifically defined herein, shall carry their customary meanings when not inconsistent with the context. Words used in the present tense include the future tense; words used in the future tense include the present tense; and the plural includes the singular; the word "building" includes the word "structure", the word "shall" is mandatory; the word "may" is permissive; "occupied" or "uses" shall be considered as though followed by the words, "or intended, arranged, or de- signed to be used or occupied". METAL SHREDDER. AUTO SHREDDER, AND SIMILAR SHREDDING OPERATIONS. THE PROCESS INVOLVING THE DESTRUCTION, DISINTE- GRATION, OR TRANSFORMATION INTO RAW MATERIALS OF PREVIOUSLY MANUFACTURED METAL PRODUCTS OR METAL ITEMS WHICH HAVE BECOME WORN OUT, INOPERABLE AND USELESS SCRAP GOODS. SUCH SIMILAR OPERATIONS SHALL BE THOSE THAT CREATE A PHYSICAL HAZARD TO PERSONS BY THE EMISSION OF EXCESSIVE SOUND, VIBRATION, HEAT, GLARE, DUST AND FUMES OF A DEGREE AND TYPE NORMALLY ASSOCIATED WITH AUTO SHREDDER OR SCRAP METAL SHREDDER OPERATIONS. 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. -2- • I . ( ( • • • • 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 officio City Clerk-Tre~surer -3- • I • • ( ( ·( • • • • fa:wJJ' ·adJct~ dN_ ~-:5{1-Yf '(1'-d:.; ... {u;_ Itt a:_ a.{) a h / -?<.J ! -~ 3-I J' INT RODUCED AS A BILL BY COUNCI LMAN ____ ~~J~J~0 J~~-L---- A BI LL FOR AN ORDINANCE AMENDING SECTIONS 22.4-13 b . (1), 22.4-14 b. (2) AND 22.8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 22.4-13 b. {1) of the Comprehensive Zoning Ordinance (Ordinance 126, Series 1963, as amended) is hereby amended to read as follows: 22.4-13 Section 2 . I-1 Light Industrial Di strict b. Perm i tted Pr i nc i pal Uses: · (1) Manufactu ri ng, proce ss i ng and/or fabrication : Insert i n al phabet i cal ord e r a fter, Metals, ingots, p i gs, sheet s, o r b ar s, ma nufacture; the follow i ng : "METAL SHREDD I NG, AUT O SHRED DI NG AND SIMI LAR OP E RA T ION S" That Section 22 .. 4-14 b. (2) of said Compre h e nsive Zoning Ordinance is hereby amended to read as follows : 22.4-14 I-2 General Industrial District b. Permitted Principal Uses: (2) Manufacturing, processing, and/or fabrication: The Manufacturing, processing, and/or fabrication of any commodity, except the basic manufact u re and processi n g of a n imal by-products or any organic type fertilizer: AND ANY METAL SHREDDING OR AUTO SHREDDING OPERATION, OR SIMILAR USE . I • - ( ( • • • • Section 3 . That Secti on 22.8 of said Comprehensive Zon i ng Ord inance is her eby a me nded by adding a new definition there t o a s f ollows: 22.8 DEFINITIONS Al ! words used in this Ordinance, except where spec i fically def i ned herein, shall carry their customary meanings when not i nconsistent with the context. Words used i n the present t e nse include the future tense; words used in the future t e nse i nclude the present tense; and the plural includes the s i ngular; the word "building" includes the word "structure"; the word "shall" is mandatory; the word "may" is permissive; "occupied" or "uses" shall be considered as though followed by the words, "or intended, arranged, or designed to be used or occupied". METAL SHREDDER. AUTO SHREDDER, AND SIMILAR SHREDDING OPERATIONS. THE PROCESS INVOLVING THE DESTRUCTION, DISINTEGRA- TION, OR TRANSFORMATION INTO RAW MATERIALS OF PREVIOUSLY MANU - FACTURED METAL PRODUCTS OR METAL ITEMS WHICH HAVE BECOME WORN OUT, INOPERABLE AND USELESS SCRAP GOODS. SUCH SIMILAR OPER- ATIONS SHALL BE THOSE THAT CREATE A PHYSICAL -HAZARD TO PERSONS OR PROPERTY BEYOND THE PROPERTY LINE OF THE PREMISES IN QUESTION, BY THE EMISSION OF EXCESSIVE SOUND, VIBRATION, HEAT, GLARE, DUST AND FUMES OF A .DEGREE AND TYPE NORMALLY ASSOCIATED WITH AUTO SHREDDER OR SCRAP METAL SHRE DDE R OPERATIONS. on the Introduced, read i n full a nd passed on firs t r e ad ing __________ day of , 1978 . Publ ish e d a s a Bill fo r a n Ord ina nce on the day of ---------' 197 8 . ATTEST: MAYOR e x officio City Cl erk -T r eas u rer I , William D . James, do hereby certify that t h e above and foregoing is a true, acc u rate and complete copy of t h e Bill -2- • I • • \.. • • • ( for an Ordinance, introduced, read in full and passed on first reading on the day of , 1978 . ex officio City Clerk-Treasurer ( • I • -3- • • • .. CITY COUNCIL MEETING SEPTEMBER 18, 1978 • • • ORDINANCE fj ft.}/.( 24, 25, 26 RESOLUTION#~.~ 57, 58, 59 • 0 0 I . . • • • • P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe County is-an organization dedicated to citizen participation in and knowledge of government and community affairs; and WHEREAS, the major funding of said organization is from the general public during an annual finance drive; and WHEREAS, the annual finance drive to be held the week of October 16-21, 1978, and a candidate, 'fair' at Cinderella City will both fall within a week of said October 16,; NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim, the week of October 16-21, 1978, to be the "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY l'lEEK" and do here by e n c ourage citiz e n partic ipa tion in t h e candidates fair and the financ e drive. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 18th day of September, 1978. • I • • - • • • • • • P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe County is an organization dedicated to citizen participation in and knowledge of government and community affairs; and WHEREAS, the major funding of said organization is from the general public during an annual finance drive; and WHEREAS, the annual finance driv~ to be held the week of October 16-21, 1978, and a candidate, 'fair' at Cinderella City will both fall within a week of said October 16,; NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim, the week of October 16-21, 1978, to be the "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK" and do hereby encourage citizen participation in the candidates fair and the finance drive. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 18th day of September, 1978. JAMES L. TAYLOR, MAYOR • I • • • \_ • • • P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe County is an organi2ation dedicated to citizen participation in and knowledge of government and community affairs; and WHEREAS, the major funding of said organization is from the general public during an annual finance drive; and WHEREAS, the annual finance drive to be held the week of October 16-21, 1978, and a candidate, 'fair' at Cinderella City will both fall within a week of said October 16,; NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim, the week of October 16-21, 1978, to be the "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK" and do hereby encourage cit i zen participation in the candidates fair and the financ e drive. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 18th day of September, 1978. JAMES L. TAYLOR, MAYOR • I • • - • • • • • P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe Coun~y is an organization dedicated to citizen participation in and knowledge of government and community affairs; and WHEREAS, the major funding of said organization is from the general public during an annual finance drive; and WHEREAS, the annual finance drive to be held the week of October 16-21, 1978, and a candidate, 'fair' at Cinderella City will both fall within a week of said October 16,; NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim, the week of October 16-21, 1978, to be the "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK" and do hereby encourage citizen participation in the candidates fair and the finance drive. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 18th day of September, 1978. JAMES L. TAYLOR, MAYOR • I • - • • • • P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe County is an organization dedicated to citizen participation in and knowledge of government and community affairs; and WHEREAS, the major funding of said organization is from the general public during an annual finance dr i ve; and WHEREAS, the annual finance drive to be held the week of October 16-21, 1978, and a candidate, 'fair' at Cinderella City will both fall within a week of said October 16,; NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proc la i m, the week of October 16-21, 1978, t o be the "LEAGUE OF WOME N VOTERS OF ARAP AHOE COUNTY l'lEEK" a n d do hereby e n courage citizen par t i cipation in the candidates fa i r and t he finance drive. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 18th day of September, 1978. JAMES L. TAYLOR, MAYOR • I . - • '- • • • P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe County is an organization dedicated·. to citizen participation in and knowledge of government and community affairs; and WHEREAS, the major funding of said organization is from the general public during an annual finance drive; and WHEREAS, the annual finance drive to be held the week of October 16-21, 1978, and a candidate, 'fair' at Cinderella City will both fall within a week of said October 16,; NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do h ereby proclaim, the week of October 16-21, 1978, to be the "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK" and do hereby encourage citizen participation in the candidates fair and the finance drive. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 18th day of September, 1978. JAMES L. TAYLOR, MAYOR • I • • - • • • • • P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe County is an organization dedicated to citizen participation in and knowledge of government and community affairs; and WHEREAS, the major funding of said organization is from the general public during an annual finance drive; and WHEREAS, the annual finance drive to be held the week of October 16-21, 1978, and a candidate, 'fair' at Cinderella City will both fall within a week of said October 16,; NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim, the week of October 16-21, 1978, to be the "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK" and do hereby encourage citizen participation in the candidates fair and the finance drive. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 18th day of September, 1978. JAMES L. TAYLOR, MAYOR • I . • • • • P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe County is an organization dedicated to citizen participation in and knowledge of government and community affairs; and WHEREAS, the major funding of said organization is from the general public during an annual finance drive; and WHEREAS, the annual finance drive to be held the week of October 16-21, 1978, and a candidate, 'fair ' at Cinderella City will both fall within a week of said October 16,; NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim, the week of October 16-21, 1978, to be the "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY I-lEEK" and do hereby encourage citizen participation in the candidates fai r and the finance drive. GIVEN UNDER MY HAN D AND OFFICIAL SEAL this 18th day of September, 1978. JAMES L. TAYLOR, MAYOR • I . • '- • • • P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe County is an organization dedicated to citizen participation in and knowledge of government and community affairs; and WHEREAS, the major funding of said organization is from the general public during an annual finance drive; and WHEREAS, the annual finance drive to be held the week of October 16-21, 1978, and a candidate, 'fair' at Cinderella City will both fall within a week of said October 16,; NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim, the week of October 16-21, 1978, to be the "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK" and do h e reby encourage cit i zen partic i pation in the candidate s fair and the finance drive. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 18th day of September, 1978. JAMES L. TAYLOR, MAYOR • I • • • • • ,. • P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe County is an organization dedicated to citizen participation in and knowledge of government and community affairs; and WHEREAS, the major funding of said organization is from the general public during an annual finance drive; and WHEREAS, the annual finance drive to be held the week of October 16-21, 1978, and a candidate, 'fair' at Cinderella City will both fall within a week of said October 16,; NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim, the week of October 16-21, 1978, to be the "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK" and do hereby encourage citizen participation in the candidates fair and the financ e drive. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 18th day of September, 1978. JAMES L. TAYLOR, MAYOR • I • • - • • • • • • P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe County is an organization dedicated to citizen participation in and knowledge of government and community affairs; and WHEREAS, the major funding of said organization is from the general public during an annual finance drive; and WHEREAS, the annual finance drive to be held the week of October 16-21, 1978, and a candidate, 'fair' at Cinderella City will both fall within a week of said October 16,; NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim, the week of October 16-21, 1978, to be the "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK" and do hereby encourage citizen participation in the candidates fair and the finance drive. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 18th day of September, 1978. JAMES L. TAYLOR, MAYOR • I • ( • • • • P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe County is an organization dedicated to citizen participation in and knowledge of government and community affairs; and WHEREAS, the major funding of said organization is from the general public during an annual finance drive; and WHEREAS, the annual finance drive to be held the week of October 16-21, 1978, and a candidate, 'fair' at Cinderella City will both fall within a week of said October 16,; NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim, the week of October 16-21, 1978, to be the "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK" and do hereby encourage citizen participation in the candidates fair and the finance drive. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 18th day of September, 1978. JAMES L. TAYLOR, MAYOR • I . ( ( • • • • P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe-County is-an organization dedicated to citizen participation in and knowledge of government and community affairs; and WHEREAS, the major funding of said organization is from the general public during an annual finance drive; and WHEREAS, the annual finance drive to be held the week of October 16-21, 1978, and a candidate, 'fair' at Cinderella City will both fall within a week of said October 16,; NOW, THEREFORE, I, JAMES L. TAYLOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim, the week of October 16-21, 1978, to be the "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY 1-JEEK" and do hereby en c ourage c itizen participation in the c andidates fair and the financ e drive. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 18th day of September, 1978. JAMES L. TAYLOR, MAYOR • • I • • ( ( ( • • • .. - P R 0 C L A M A T I 0 N WHEREAS, The League of Women Voters of Arapahoe County is an organization dedicated to citizen participation in and knowledge of government and commun i t y affairs; and WHEREAS, the major funding of sa i d organization is from the gene ral public during an annual finance dr i ve; and WHEREAS, the annual finance drive to be held t h e week of October 16 -2 1, 1978, and a candidate , 'f air' at Cinderella City will both fall within a week o f sa i d October 16,; NOW, THEREFORE, I, JAMES L. TAY LOR, MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, do hereby proclaim, the we e k of October 16-21, 1978, to b e the "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY I'IEEK" and do he r eby encourage citizen participation in t h e candida tes fair and t h e finance d r ive. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 18th day of September, 1978. JAMES L. TAYLOR, MAYOR • I .