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Home My WebLink About1978-10-02 (Regular) Meeting Agenda• • - 0 CITY COUNCIL MEETING -l~GULAR October 2 , 1978 • I ' ( ( • • • - COU NCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO Octobe r 2 , 1978 /CL REGULAR MEETING: The City Counci l of t he City of Englewood, Arapahoe County, Colorado , met in regular session on Octob e r 2, 19 78 at 7 :3 0 p.m. order. Mayor Pro Tern Mann, presiding, called the meeti n g t o Th e invocation was given by Reverend Roland Andrews, Grace Bapt i st Church, 4200 South Acoma Str ee t . The Pledg e of Allegiance was led by Mayor Pro Tern Mann. Mayor Pro Tern Mann asked f or rol l call . Upon a call of the roll, the following were present: Counc il Members Williams, Weber, Smith, Clayton, Mann. Absent : Council Members Harp er, Taylor . The Mayor Pro Tern declared a quorum present . * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes Po lice Chief Holmes Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 18, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Weber, Smith, Mann. Nays : None. Abstain: Council Member Williams. Absent: Council Members Harper , Taylor . The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 18, 1978 . Councilman Clayton sec- • I • • • October 2, 1978 Page 2 • • • ended the motion. Upon a call of the roll , t h e vote resulted as follows: Ayes: Council Members Clayton, Williams , Weber, Smith, Ma nn. Nay s : None . Absent: Council Members Harper, Taylor . The Mayor Pr o Tern declared the motion carried . * * * * * * COUNCILMAN CLAYTON MOVED TO PASS A PROCLAMATION PROCLAIM- ING THE WEEK OF OCTOBER 15 -21 , 1978 AS "NATIONAL BUSINESS WOMEN'S WEEK". Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Co uncil Members Clayton, Williams, Weber, Smith, Mann . None. Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carried . Mayor Pro Tern Mann pr esented the proclamation to pre- scheduled visitors Mrs . Pauline Barlow of the Englewood Business and Professional Women 's Club and Mrs . Jackie Moore of the Englewood Centennial Business and Professional Women's Club. Mrs. Barlow and Mrs. Moore thanked the Council for this recognition. * * * * * * Mayor Pro Tern Mann asked if there were any other visitors wi sh i ng to address Council on any subject. Louise March, 3141 South Santa Fe #28 and Kathleen Ziegler, 3067 South Santa Fe appeared before Council and presented a petition containing 232 names of residents who protest the odor emitted by the Bi-City Plant. Mrs. March asked Council is there was anything that could be done to eliminate the odor. Mayor Pro Tern Mann stated Counc il would direct the City staff t o investigate the matter and find out if anything could be done. * * * * * * • I • • - ( • ( • October 2, 1978 Page 3 ,. • • - Mayor Pro Te rn Mann asked if there were any other visitors wishing to speak to Council. No one responded. * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING ON AN ORDINANCE ON FINAL READING THAT WOULD ADOP T BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR MUNICIPALITIES;" REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol - lows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. Police Chief Robert Holmes appeared before Council and answered questions concerning the code and its adoption . Police Chief Holmes stated the adoption of th code would be to the ad- vantage of his department. Chief Holmes answered specific ques- tions Council had on licensing bicycle owners and dealers. The Police Chief stated the owner would have to license only newly acquired bicycles and the license would be good for as long as the owner kept the bicycle. He also stated licensing bicycles actually is to the advantage of the licensee because it helps the Police Department locate stolen bicycles. City Manager McCown stated the bicycle licensing program will be on a voluntary basis and he hoped bicycle owners would see it is actually for their protection. In answer to Councilman Smith's question, City Manager McCown stated both he and the Chief feel there will b e no pro- blems in conducting the paper work involved in licensing bicycle dealers. Most people who sell bicycles today keep records and most of the information is readily available should the Police Department need the information quickly . Council and Police Chief Holmes discussed the pro- vision that required "No U-Turn" signs to be posted where they are prohibited. Councilman Clayton stated this provision would require all intersections of the City to be posted since no u- turns are presently prohibited. Police Chief Holmes stated to prohibit u-turns blanketly would be a mistake because there really was not a u-turn problem in terms of causing accidents • I • • - • October 2, 1978 Page 4 • • - and u-turns can be practical in many areas of the City. Council- man Weber stated it would be inconsistent and confusing to motor- ists for Englewood to adopt the code without the provision when other surrounding municipalities have adopted the code with the provision. Mayor Pro Tern Mann asked if there was anyone in the audience wishing to speak to Council either for or against the ordinance. No one responded. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * +· * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 24, SERIES OF 1978 AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITITES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 24, SERIES OF 1978 ON FINAL READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Clayton , Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carried . * * * * * * "Communications -No Action Reco1Ta11ended" on the agenda were received : • I • • • October 2, 1978 Page 5 (a) (b) (c) (d) (e) (f) • • .. .. Minutes of the Board of Adjustment and Appeals meeting of Augus t 9, 1978. Minutes of the Denver Regional Council of Governments meeting of August 16, 1978. Minutes of the Parks and Recreation Comm i s- sion meeting of September 14, 1978. Financial Report for the month of August, 1978. Memorandum from the Director of Public Works to the City Manager concerning traffic pro-blems around K-Mart. Memorandum from the City Manager to the City Council concerning services to other juris-dictions. Councilman Smith discussed item (f) and stated the City should take some type of action to enforce appropriate cities to pay their appro priate charges . City Manager McCown stated that City has been unsuc- cessful only with the City of Sheridan in trying to collect the charges. session. Council decided to discuss this matter at a future study * * * * * * Assistant City Manager Curnes presented the minutes of the Water and Sewer Board's special meeting of September 23, 1978 concerning Supplement #62 Southgate Sanitation District. Assistant City Manager Curne s stated the Board recommends that Council approve a request for Supplement 062 received from the Southgate Sanitation Distri c t for the inclusion of an area con- taining approximately 13 acres wh i ch is zoned for commercial use. There will be eight commercial taps used to develop this area located on South Quebec and East Orchard Road. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT 062 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Williams seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes : Nays: Council Members Clayton, Williams, Weber, Smith, Mann. None. • I • • • October 2, 1978 Page 6 Absent: • • • Council Members Harp e r, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * City Manager McCown presented the recommendations from the Planning and Zoning Commission meeting o f September 19, 1978 concerning the findings of fact for 1470 West Tufts, 1485 West Tufts and 1600 West Tufts . COUNCILMAN WEBER MOVED TO RECEIVE THE RECOMMENDATIONS. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Members Clayton, Williams , Web er , Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * City Manager presented a memorandum from the Dir e ctor of Finance concerning an annexation petition for 4535 South Sant a Fe Drive . COUNCILMAN WEBER MOVED TO REFER THE ANNEXATION PETITION TO THE COMMUNITY DEVELOPMENT DEPARTMENT FOR A REPORT BACK TO THE COUNCIL. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Member s Clayton, Williams, Weber, Smith, Mann. None. Council Members Harp er, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Di- rector of Community Development concerning the Oakley Annexation Petition (4693 South Mariposa Drive). COUNCILMAN WEBER MOVED TO RECEIVE THE MEMORANDUM FROM TH E DIRECTOR OF COMMUNITY DEVELOPMENT. Councilman Clayton sec- • I • • ( • October 2, 1978 Page 7 .. • • - onded the motion. Upon a call o f the roll, the vote resulted as follows: Ayes : Council Members Clayton, Williams, Weber, Smith, Mann. Nays: None. Absent : Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * City Manager McCown presented a request to reissue a 3.2 beer license as a result of the reincorporation of Encore, Inc . d/b/a The South Door, 5470 South Broadway. City Attorney Berardini stated the questions he had con- cerning this request at the last Council meeting have been answered satisfactorily and the request was in proper order. COUNCILMAN WILLIAMS MOVED TO APPROVE THE REISSUANCE OF A 3 .2 BEER LICENSE FOR ENCORE, INC . D/B/A THE SOUTH DOOR, 5470 SOUTH BROADWAY. Councilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Williams, Weber, Smith, Mann. Nays: None. Absent: Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ANNEXING 1.05 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. City Attorney Berardini stated the bill refers to pro-perty located at 1470 West Tufts Avenue. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : • I • - • Octob er 2, 1 978 Page 8 .. • • • Ayes: Council Members Clayton, Williams, Weber, Smith, Mann. Nays: None. Absent: Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWO OD, I-1, LIGHT INDUSTRIAL DISTRICT, RECITING A WAIVER AND IMP OS I NG CONDITIONS THEREON : AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH: AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. City Attorney Berardini stated the bill refers to zoning of property located at 1470 West Tufts Avenue. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Weber seconded the motion. Councilman Smith stated he was i n favor of annexing the subject properties that are on this meeting's agenda but was not in favor of the proposed zoning for the properties because at least one of the properties separates t wo residential pieces of property; and since there was a consid erable amount of unu sed in- dustrial land within the City of Englewood already, he did not want to see any more industrially zoned property in the City until it utilized wh at presently exists. Councilman Mann stated he was in favor of zoning the properties I-1 because this was the only way in which the pro-perty c ould be annexe d to the City. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Williams, Weber , Mann. Nays : Council Member Smith. Absent : Council Members Ha rper, Taylor . The Mayor Pro Tern declared the motion carried. * * * * * * • I • • ( ( • October 2, 1978 Page 9 • • • COUNCI LMAN WILLIAMS MOVED TO SET THE PUBLIC HEARING ON THE ABOVEMENTIONED BILL FOR AN ORDINANCE ON ZONING FOR OCTOBER 23, 1978, AT 7 :00 P.M. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Clayton, Williams, Weber, Smith , Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Council decided to pass over the next agenda items (bills concerning annexation and zoning of property located at 1485 West Tufts Avenue) until later on in the meeting. Council requested the City Attorney to clarify the exact location description of the land to be dedicated. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ANNEXING 2.232 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. City Attorney Berardini stated the bill refers to pro-perty located at 1600 West Tufts Avenue. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Williams, Weber, Smith, Mann. Nays: None. Absent: Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * • I • • • October 2, 1978 Page 10 • • .. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT. City Attorney Berardini stated this bill refers to the zoning of property located at 1600 West Tufts Avenue. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET THE PUBLIC HEARING DATE FOR OCTOBER 23, 1978 AT 7:00 P.M. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Clayton, Williams, Weber, Mann. Council Member Smith. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUN~I~MAN SMITH A BILL FOR AN ORDINANCE AUTHORIZING THE TRANSFER OF A CERTAIN PARCEL OF REAL PROPERTY LOCATED IN GRAND COUNTY CONSISTING OF 5.60 ACRES TO CER- TAIN INDIVIDUALS AS A RESULT OF A DETERMINATION THAT CERTAIN IM-PROVEMENTS WERE NOT REQUIRED TO BE MADE. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Weber seconded the motion. Upon a call o f the roll, the vote resulted as follows: Ayes : Nays : Ab sent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harp er, Ta ylor. The Mayor Pro Tern declared the motion carried. * * * * * * • I • • - ( • October 2, 1978 Page ll .. • • • INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING A DOWNTOWN DEVELOPMENT AUTHORITY IN THE CITY OF ENGLEWOOD, AND APPOINTING THE BOARD THEREOF. City Attorney Berardini suggested that since Council has not yet selected people to serve on the Board, the wording under Section 4 be deleted and changed to read as follows : "Section 4. ----- That duly qualified persons to serve as members of the Board of said Authority shall be appointed by resolution to be approved and adopted by City Council on October 16, 1978 and the terms of office established therein." City Attorney Berardini also suggested that the title of the bill be changed to comply with the changes in Section 4 and to read as follows: "AN ORDINANCE CREATING AND ESTABLISHING A DOWNTOWN DEVELOPMENT AUTHORITY IN THE CITY OF ENGLEWOOD, COLORADO, AND THE BOARD THEREOF TO BE APPOINTED BY RESOLUTION HEREAFTER DULY ADOPTED." COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING WITH THE SUGGESTED CHANGES MADE. Coun- cilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None . Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INT RODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AMENDING SUB-SECTION (6), SECTION 17 (a), OF CHAPTER 4, TITLE V, OF THE '69 E.M.C. BY CHANGING VETERANS HOLIDAY FROM THE FOURTH MONDAY IN OCTOBER TO NOVEMBER ll OF EACH YEAR • • I • • - • • October 2, 1978 Page 12 • • • City Attorney Berardini stated he received a memorandum indicating the ordinance become effective this year and advised Council to add an emergency clause if agreed upon to effect the ordinance prior to November 11th. City Attorney Berardini stated the emergency clause would only apply if the ordinance passed unamiously with all members present. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE INCLUDING IN THE BILL THE ADDITION OF AN EMERGENCY CLAUSE. Coun - cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Williams, Weber, Smith, Mann. Nays: None. Absent: Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT ALLOWING THE CITY OF ENGLEWOOD, COLORADO TO USE LANDS AND IMPROVEMENTS COMMONLY KNOWN AS DUNCAN SCHOOL OWNED BY SCHOOL DISTRICT #1 OF ARAPAHOE COUNTY AND PROVIDING FOR THE TERMS OF THE SAID USE. COUNCI LMAN WILLIAMS MOVED TO PASS THE BILL FOR AN ORDI- NANC E ON FIRST READING. Councilman Weber seconded the motion. Up o n a cal l of the roll, the vote resulted as follows: Ay es : Nays: Ab s e n t: Council Members Clayton, Wi lliams, Web e r, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * RESOLUTION NO. 5 5, SERIES OF 1978 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AN D THE PUBLI C SERVICE COMPANY FOR DUMPING FLY ASH AT THE ENGLEWOOD MUN I CI PAL GOL F CO URSE. • I • • '-......J ( October 2 , 1978 Page 13 • • • City Attorney Berardini suggested the re-drafted con- tract be reviewed a nd approved by the City Counc i l of the City of Sheridan before any further action is taken. The City Attorney requested the resolution approving the contract be postponed until the next regular Council meeting on October 16, 1978. COUNCILMAN SMITH MOVED TO POSTPONE CONSIDERATION OF THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING ON OCTOBER 16, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Te'm declari!·d the motion carried. * * * * * * City Manager McCown transmitted a list of letters that have been received from citizens interested in serving on boards and commissions of the City. City Manager McCown stated this information was for Council's consideration in filling the Plan- ning and Zoning Commission Chairman vacancy. * * * * * * Mayor Pro Tern Mann declared a recess at 9 :10p.m. The Council reconvened at 9 :15p.m. Mayor Pro Tern Mann called the meeting to order. * * * * * * City Manager McCown reported a loading zone sign has been ordered to be placed in front of the First Baptist Church. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ANNEXING 2.50 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. City Attorney Berardini stated this bill refers to pro- perty located at 1485 West Tufts Avenue . • I • • October 2, 1978 Page 14 • • • City Attorney Berardini clarified the confus ion created earlier in the meeting when this bill cam e before Council. City Attorney Berardini sta ted even though the wording used by the Com- munity Development Department Director was differ ent than his, the interpretation of the location o f th e area to be dedicated was one and the same . COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Weber seconded th e motion. Upon a call of the roll, the vote resulted as f ollows: Ayes: Nays: Absent : Council Members Clay ton, Williams, Weber, Smith , Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEW OOD, ARAPAHOE COUNTY, ST ATE OF COLORA DO, FROM AN UNZONED CLASSIFICATION TO I-1, LIG HT INDUSTRIAL DISTRICT. City Attorney Berardini stat ed this bill refers to the zoning of property locate d at 1485 West Tu fts Avenue. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING . Councilman Clayton seconded the motion . Upon a call of t he roll, the vote resul ted as follows: Ayes: Council Members Clayton, Williams, Weber, Mann . Nays: Council Member Smith. Absent: Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO SET A PUBLIC HEARING ON THE ABOVEMENTIONED BILL FOR AN ORDINANCE ON ZONING FOR OCTOBER 23, 1978 AT 7 :00 P.M . Councilman Weber seconded the motion . Upon a call of r he roll, the vote resulted as follows: • I • - ( • Oc t o ber 2, 1978 Page 15 • • • Ay e s : Council Memb ers Clayton, Williams, Weber, Sm ith, Mann. Nays : None . Abent: Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carri e d . * * * * * * Councilman Clayton directed the City Manager to inv e s t i- gate the train/traffic problem created for motorists t raveling east and west across South Santa Fe to see if anything could be done about regulating the traffic signals in or der to give these motorists first preference in moving after the train ha s passed . Ci ty Manager McCown stated he would certainly l ook into the matter but questioned whether anything could b e done about the problem since some of the inter s ections are no t in the city limits and some of the signals a r e i nstalled a nd ma i n- tained by the state . * * * * * * Councilman Smith stated it has been brought to h i s at t ention there is a bike pound in the City and sugg es ted t h is information be publ i shed i n the Englewood Ci t iz en. * * * * * * There wa s n o fu r ther business to be discussed . * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING . Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Williams, Weber, Smith, Mann. Nays: No ne . Absen t: Co uncil Members Harper , Taylor . Th e Mayor Pro Te rn declar ed t h e motion carried and ad-journed t h e regular Council meeting at 9:25 p .m. • I • • - ( ( • • • • COUN CIL CHAM BERS CITY OF ENGLEWOOD, COL ORADO Oct ober 2 , 197 8 REGU LAR MEE TI NG: The City Council of the City of Englewood, Ara p a ho e Count y, Co l or ado , met in regular session on October 2, 19 78 at 7 :30 p .m. order . Mayo r Pro Tern Mann, presiding, called th e meeting to Th e i nvocation was given by Reverend Roland Andr e ws, Gr ace Baptist Church, 42 00 South Acoma Street . Th e P ledge of Allegian c e was led by Mayor Pro Tern Mann . Mayor Pro Tern Mann asked for roll call . Upon a call of the roll , th e f o llowing were present: Council Members Williams, Weber, Smit h , Clay t on, Man n. Absent: Counci l Members Harper, Taylo r. The Mayor Pro Tern declared a quorum pr esent . * * * * * * Also present were : City Manager McCown Assistant City Manager Police Chief Holmes Curnes Deputy Ci ty Clerk Watkin s * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 18, 1978 . Councilman Web e r seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Weber, Smith, Mann . Nays: None. Abstain : Council Member Williams. Absent : Counc il Members Harper , Taylor. The Mayor Pro Tern declared the motion carried . * * * * * * COUNCILMAN WEBER MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 18, 1978. Councilman Clayton sec- • I • • • • • Octo be r 2 , 1978 Page 2 onded the motion. Upon a call of the roll , the vote resulted as follows: Ay e s : Council Members Clayton , Wi lliams , Weber, Smith, Mann . Nays : None . Absent : Co unci 1 Mem b ers Har per , Taylo r. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCI LMAN CLAYTON MOVED TO PASS A PROCLAMATION PROCLAIM- I NG THE WEEK OF OCTOBER 15 -21 , 1978 AS "NATIONAL BUSINESS WOMEN'S WEEK". Councilman Weber seconded th e mot ion . Up on a call of the r o l l, the vote resu l ted as follows: Ay es : Council Members Clayton, Williams, Weber, Smith, Mann. Nays: None. Abs ent : Council Members Harp e r, Taylor. Th e Ma yor Pro Tern declared the motion carri ed. Ma yor Pro Tern Mann presented the proclamation to pre- sch e du le d visitors Mrs . Pauline Barlow of the Englewood Business and Professional Worn n's Club and Mrs. Jackie Moore of the Eng lewood Ce nt e nn i al Business and Professional Women's Club. Mrs. Barlow a nd Mrs. Moore t h a nked the Council f or this recognition. * * * * * * Mayor Pro Tern Ma nn asked if ther e we re a ny oth r visitors wishing to address Council on any s u bject . Lo u ise Ma r c h, 3 141 South Santa Fe #28 a nd Ka thleen Ziegler , 3067 So uth Sa nta Fe a ppear e d before Council and pr e sent ed a p t ition rontai1 ing 232 n ames of residents who prote st the odor emit t ed by the Bi-City P lant . Mr s. Ma rch asked Counc il i s ther e was a ny thing t he~t could b done to elim i n ate the o dor . s t aff do n • Mayor Pro Tern Mann stated Coun cil wou l d d irect th City tn lnvpqtiga t h e mat ter and fin0 ou if anvthinp 1uld b * * * * * * • 0 I • - Octo e r 2, 1978 Page 3 • • • - Mayor Pr o Te rn Mann as ke d if there were any other visit or s wishing to speak to Council. No one r e sponded . * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING ON AN ORDINANCE ON FINAL READING THAT WOULD ADOPT BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR MUNICIPALITIES;" REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. Councilman Clayton sec o n d e d the motion. Upon a call of the roll, the vote resulted as f ol-lows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Ha r pe r , Taylor. The Mayor Pro Tern de clared the motion carried . Police Chief Robert Holmes appeared before Council and answered questions concerning the code and its adoption . Police Chief Holmes stated the adopt i on of the code would be to the ad- vantage of his department. Chief Holmes answ e red specific ques- tions Council had on licensing bicycle own e r s a nd dealers. The Police Chief stated the owner would have to licens e only newly acquired bicycles and the license would be good fo r as long as the owner kept the bicycle. He also stat e d l i cens i ng bicycles actually is to the advantage of the licensee because it helps the Police Department locate stolen bicyc l es. City Manager McCown stat ed th e bic y c l e l icensing program will be on a volunt a ry bas i s a nd h e hoped bi c yc le owners would see it is actually for their protect ion. In answer to Coun cilman Smi th's question, City Manager McCown stat e d both he and the Ch i e f fe el t her e will be no pro- blems in conducting the paper work i nvolved i n licensing bicycle dealers. Most people who sell b icyc les today keep records and most of the information is readily available should the Police Department need the information quickly. Council and Police Chief Holmes d i scussed the pro- vision that required "No U-Turn" signs to be posted where they are prohibited. Councilman Clayton stated this provision would require all intersections of the Ci t y t o be posted since no u- turns are presently proh i bited. Police Ch i ef Holmes stated to prohibit u-turns blanketly would be a mistake because there really was not a u-turn problem in terms of ca using accidents • I • • Oct ob er 2, 1978 Page 4 • • - a nd u-turns can be practical in many areas of the City. Council- man Weber stated it would be inconsistent and confusing to motor- ist s for Englewood to adopt the code without the provision when other surrounding municipalities have adopted the code with the pro vision. Mayor Pro Tern Mann asked if there was anyone in the audience wishing to speak to Council either for or against the ordinance. No one responded. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Co un ci l man Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None . Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carried. **j,·*** INTRODUCE D AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 24, SERIES OF 1978 AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITITES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. CO UNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 24, SERIES OF 197 8 ON FINAL READING. Councilman Williams seconded the motion. Upon a c all of the r ol l, the vot e resulted as follows : Ayes: Nays : Absent : Council Members Clayton , Williams, Weber, Smith, Mann . None. Co un cil Members Harper, Taylor. The Mayor Pro Tern declared the mo ion carried. * * * * * * "Commun ·ca tions -No Action Recommended" on th agend <~ ••e re r eceived : • I • • ( ( • October 2, 1978 Page 5 (a) (b) (c) (d) (e) (f) • • .. Minutes of the Board of Adjustment and App eals meeting of Augus t 9, 1978. Minutes of the Denver Regional Council of Governments meeting of August 16, 1978 . Minutes of the Parks and Recreation Commis- sion meeting of September 14, 1978. Financial Report for the month of August, 1978. Memorandum from the Director of Public Works to the City Manager concerning traffic pro- blems around K-Mart. Memorandum from the City Manage r to the City Council concerning services to other juris-dictions. Councilman Smith discussed item (f ) and stated the City should take some type of action to enforce appropria te cities to pay their appropriate charges . City Manager McCown stated tha City has been unsuc- cessful only with the City of Sheridan in trying to collect the charges. session. Council decided to discuss this matter at a future study * * * * * * Assistant City Manager Curnes presented the minutes of the Water and Sewer Board's special meeting of September 23, 1978 concerning Supplement #62 Southgate Sanitation District. Assistant City Manager Curnes stated the Board recommends that Council approve a request for Supplement #62 received from the Southgate Sanitation District for the inclusion of an area con- taining approximately 13 acres which is zoned for commercial use. There will be eight commercia l taps used to develop this area located on South Quebec and East Orchard Road. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT #62 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Williams seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Nays: Council Members Clayton, Williams, Weber, Smith, Mann. None. • I • • • Octob er 2, 1978 Page 6 Absent: • • • Council Members Harper, Taylor. The Mayo r Pro Tern declared the motion carrieo. *****~< City Manager McCown presented the recommendations from the Planning and Zoning Commission meeting of September 19, 1978 concerning the findings of fact for 1470 West Tufts, 1485 West Tufts and 1600 West Tuf t s . COUNCILMAN WEBER MOVED TO RECEIVE THE RECOMMENDATIONS. Councilman Smith seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * City Manager presented a memorandum from the Director of Fi nance concerning an annexation petition for 4535 South Santa Fe Driv e . COUNCILMAN WEBER MOVED TO REFER THE ANNEXATION PETITION TO THE COMMUNITY DEVELOPMENT DEPARTMENT FOR A REPORT BACK TO THE COU NCIL . Councilman Clayton seconded the motion. Upon a call of the roll, he vo te resulted as follows: Ayes: ays: bsent: Council Members Clayton, Will i ams, Web e r, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the mot ion carried. * * * * * * City Man a er McCown presented n mE>mo randum fro n he Di- r ctor o Comm11nl y D velopm nt c oncernin~ the Oakley An nex ation I' tit i ou ( 'b~n South Mariposa Dr ive). COvNClLMAN WEBER MOVED TO REC EIV E lH E OTRECTOR OJ C:OMMUNT Y I'F'VEU f 11' T C' • f.J' MFMORANDIJM FRO nan l • n " ) I • n • October 2, 1978 Page 7 • • - onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Williams, Webe r, Smith, Mann . Nays: None. Absent: Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carried. * * * * * * City Manager McCown presented a request to reissu e a 3 .2 beer license as a result of the reincorporation of Encore, Inc . d/b/a The South Door, 5470 South Broadway. City Attorney Berardini stated the questions he had con- cerning this request at the last Counci l meeting have been answered satisfactorily and the request was in proper order . COUNCILMAN WILLIAMS MOVED TO APPROVE THE REISSUANCE OF A 3.2 BEER LICENSE FOR ENCORE, INC. D/B/A THE SOUTH DOOR, 5470 SOUTH BROADWAY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Williams, Weber, Smith, Mann. Nays: None. Absent: Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ANNEXING 1.05 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. City Attorney Berardini stated the bill refers to pro-perty located at 1470 West Tufts Avenue. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • n • October 2, 1978 Page 8 Ayes : Nays : Absent : • • - Council Members Clayton, Williams, Weber, Smith, Mann. None . Council Members Harper, Taylor . The Ma yor Pro Te rn de clare d the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD, I -1 , LIGHT INDUSTRIAL DISTRICT , RECITING A WAIVER AND IMPOSING CONDITIONS THERE ON : AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH: AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE . City Attorney Berardini stated the bill refers to zoning of property located at 1470 We st Tufts Avenue. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Weber seconded the motion . Councilman Smith stated he was in favor of annexing the subject properties that are on this meeting's agenda but was not in favo r of the proposed zonin g for the properties because at lea st one of the properties separates two residential pieces of property; and since there was a considerable amount of unused in- dustrial land within the City of Englewood already, he did not want to see any mo re industrially zoned property in the City until it utilized what presently exists. Councilman Man n stated he was in favor of zonin g the propertie s I-l because this was the only way in wh ich the p ro-per y ~o uld be annexed to the City. Upo n a call of the roll, the vote resulted as follows: A es : Council Members Clayton , Williams, Weber, Mann. Nays: Cou ncil Member Smith. Ab ent: Council Members Harp er, Taylor. The Mayor P ro Tern declared the motion carried. * * * * * * • I . - ( • Oc to b er 2, 19 78 Page 9 • • • COUNC ILMAN WILLIAMS MOVED TO SE T THE PUBLIC HEA RING ON THE ABOVEMEN TIONED BILL FOR AN ORDINAN CE ON ZO NING FOR OCTO BE R 23, 1978, AT 7 :00 P.M. Councilman Weber s e c onded the motion. Up on a cal l of the roll, the v ote result e d as follows: Ayes : Nays: Absent: Council Members Clayton, Wi l l i ams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Council decided to pass over the next agenda items (bills concerning annexation and zoning of ·~roperty located at 1485 West Tufts Avenue) until l ater on in th e meeting. Council r e qu es t e d the City Attorney to clarify th e exact location descr ip tion of the land to be dedicated. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ANNEXING 2 .232 ACRES, MORE OR LES S, AS HERE INA FTER MORE PARTICULARLY DESCRIBED , TO THE CITY OF ENG LEWO OD, COL ORA DO, AND IMPOSING TERMS AN D COND ITIONS THER EON. City Attorn ey Be r a rd i n i s t at e d t he bill refers to pro -perty l ocat e d a t 16 00 West Tufts Av enu e . COUNCI LMAN CLAYTON MOVE D TO PAS S THE BILL FOR AN OR - DINANCE ON FIRST READING . Councilman Williams seconded the motion. Upon a call of the roll , t he vote resulted as follows: Ayes: Nays: Absent: Cou n cil Me mbers Clayton, Williams, Weber, Smith, Mann. None . Coun cil Members Ha rper , Ta y l or. Th e Mayor Pr o Tern de clared t h e mo tion carried. * * * * * * • I • • ...... • October 2, 1978 Page 10 • • .. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COL ORADO, FROM AN UN ZONED CLASSIFICATI ON TO I-1, LIGHT INDUSTRIAL DISTRICT. City Attorney Berard i ni stated this b i ll refers to the zoning of property located at 1600 West Tuft s Avenue. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET THE PUBLIC HEARING DATE FOR OCTOBER 23, 1978 AT 7:00 P.M. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Clayton, Willi ams, Weber, Mann. Council Member Smith . Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCI~MAN SMITH A BILL FOR AN ORDINANCE AUTHORIZING THE TRANSFER OF A CERTAI N PARCEL OF REAL PROPERTY LOCA TED IN GRAND COUNTY CONSISTING OF 5.60 ACRES TO CER- TAIN INDIV l DUAL S AS A RESULT OF A DETERMINATION THAT CERTAIN IM -PRO VEMENT S WERE NOT REQUIRED TO BE MADE . COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Weber seconded th e motion. Upon a c~ll of th e roll, the vote resulted as follows: Ayes : Nays : Abse n t : Council Memb ers Clayton , Williams, Weber, Sm i rh , Mann. No ne . Cou n ci l MPmb r s Harp e r , Taylor . Th~ la yor Pro Tern declar e d the motion carri ed . * * * * * * • I • ( • Octobe r 2, 197 8 Page 11 • • • INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING A DOWNTOWN DEVELOPMENT AUTHORITY IN THE CITY OF ENGLEWOOD, AND APPOINTING THE BOARD THEREOF. City Attorney Berardini suggested that since Council has not yet selected people to serve on the Board, the wording under Section 4 be deleted and changed to read as follows: That duly qualified persons to serv e as members of the Board of said Au thority shall be appointed by resolution to be approved and adopted by City Council on October 16, 1978 and the terms of office established therein." City Attorney Berardini also suggested that the title of the bill be changed to comply with the changes in Section 4 and to read as follows: "AN ORDINANCE CREATING AND ESTABLISHING A DOWNTOWN DEVELOPMENT AUTHORITY IN THE CITY OF ENGLEWOOD, COLORADO, AND THE BOARD THEREOF TO BE APPOINT ED BY RESOLUTION HEREAFTER DULY ADOPTED." COUNCILMAN WILLIAMS MOVED TO PASS THE BI LL FOR AN OR- DINANCE ON FIRST READING WITH THE SUGGESTED CHANGES MA DE . Coun- cilman Weber seconded the mot i on. Upon a call of th e r ol l, the vote resulted as follows: Ayes : Nays : Absent : Counc il Memb e rs Clay ton , Will i ams, Weber, Smith, Mann. None. Counc i l Membe r s Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AMENDING SUB-SECTION (6), SECTION 17 (a), OF CHAPTER 4, TITLE V, OF THE '69 E.M.C. BY CHANGING VETERANS HOLIDAY FROM THE FOURTH MONDAY IN OCTOBER TO NOVEMBER 11 OF EACH YEAR . • I • • October 2, 1978 Page 12 • • • City Attorney Berardini stated he received a memorandum indicating the ordina nc e become effective this year and advised Co unc il to add an emergency cla use if agreed upon to effect the o rdinance prior to November 11th. City Attorney Berardini stated th e emergency clause would only apply if the ordinance passed unamiously with all members pr es ent. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE IN CLUDING IN THE BILL THE ADDITION OF AN EMERGENCY CLAUSE. Coun- cilman Clayton seconded the motion. Upon a call of the roll, th e vote resulted as follows: Ayes : Nays : Absent : Council Members Clayton, Williams, Weber, Smith, Mann . None . Council Members Harper, Taylor. The May or Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT ALLOWING THE CITY OF ENGLEWOOD, COLO RADO TO USE LANDS AND IMPROVEMENTS COMMONLY KNOWN AS DUNCAN SCHOOL OWNED BY SCHOOL DISTRICT #l OF ARAPAHOE COUNTY AND PROVIDING FOR THE TERMS OF THE SAID USE . COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN ORDI- NA CE ON FIRST READING. Counci lman Web er seconded the motion. Upon a call o the rol l, the vote resulted as follows: Ayes : 'ays: Ab.t>nt: Counci l Members Clayton, Williams, Weber, Smith, Mann . Non e . Counci l Members Harper, Taylor. The May r P o Tern declare d thP mot ion carried. * * * * * * RFSO LUTlON NO. 55 , SERIES OF 1978 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ENG LEWOOD l''lD THE PUBLl C c;F RVICE CO MPANY FOR DUMPING F £ Y 1\ '1i AT THE P.NGLF I-.• OD m r· PAI GOU '•11f RSF. • I • • ( • October 2, 1978 Page l3 • • - City Attorney Berardini suggested the re-draf t ed con- tract be reviewed and approved by the City Coun cil of the City of Sheridan before any further action is taken. The City Attorney requested the resolution approving the contract be postponed until the next regular Council meeting on Oct ober 16, 1978. COUNCILMAN SMITH MOVED TO POSTPONE CONS IDE RATION OF THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING ON OCTOBER 16, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol lows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern dec1ar"@(! the motion carried. * * * * * * City Manager McCown transmitted a list of letters that have been received f rom citizens interested in serving on boards and commissions of the City. City Manager McCown stated this information was for Counc il's consideration in filling the Plan- ning and Zoning Commiss ion Chairman vacancy. * * * * * * Mayor Pro Tern Mann declared a recess at 9 :10p.m. The Council reconvened at 9:15 p.m. Mayor Pro Tern Mann called the meeting to order. * * * * * * City Manager McCown reported a loading zone sign has been ordered to be placed in front of the First Baptist Church. * * * * * * INTR ODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ANNEXING 2.50 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO , AND IMPOSING TERMS AND CONDITIONS THEREON. City Attorney Berardini stated this bill refers to pro - perty located at 1485 West Tufts Avenue • • I • • - • Octobu 2, 1978 !:'age 14 • • • City Attorney Berardini clarified the confusion created Parlt er in the meeting when this bill came before Council. City At t orney Berardini stated even though the wording used by the Com- ruu niLy Development Department Director was different than his, the l nLerpretation of the location of the area to be dedicated was one and Lhe same. COUNCILMAN WILLIAMS MOVED TO PAS S THE BILL FOR AN OR - DI NANCE ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as fol lows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Coun cil Members Harper, Taylor . Th Mayor Pro Tern declare d the motion carried . * * * * * * H;TROllUCE D AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN OR DINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ~N~LE WOOD, ARAPAHOE COUNTY, STATE OF COLORAD O, FROM AN UNZONED C , SSlt·ICATION TO I-1, LIGHT INDUSTRI AL DISTRICT. City Attorney Berardini stated this bill refers to the zuni ng of property located at 14 85 West Tufts Avenue. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR - Dl A ·c~ 0 FIRST READING. Councilman Clayton seconded the motion. Upon call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Williams, Weber, Mann. Navs: Council Member Smith. Absent: Council Members Harper, Taylor . Th Mayor Pro Tern declared the motion carried. * * * * * * COU NCILMAN WILLIAMS MOVED TO SET A PUBLIC HEARING ON THE ABOVEMENTIONED BILL FOR AN ORDINANCE ON ZONI NG FOR OCTOBER 23, 1978 \T 7 00 P.M . Coun ilman Weber seconded the mo ion. Upon a call u• tIP roll, tiP vo e res ulte d as follJws • I • • • Octob r 2 , 1978 Page 15 A es: Nays: Abent : - • • • Co unc il Membe rs Clayton , Willi a ms, Weber, Sm i t h, Mann. None. Council Members Harper, Ta yl or. The Mayor Pro Tern declare d th e moti on c arr ied. * * * * * * Councilman Clayton directed t he City Manager t o investi- gat e the train/traffic problem created fo r mo t ori st s t r a v e l i ng east and west across South Santa Fe to se e i f anything co uld b e done about regulating t he traffic signa l s in order to giv e th e se mo torists first preference in moving afte r the trai n has pass ed . City Mana ge r McC own sta t e d he wo u ld c er t ain ly look int o th e matter but question e d wh ether anythin g c o ul d be done a bou t t he problem s ince s o me of the intersections ar e not in the c i ty limits and some of the signals are install ed and main -t a i ned by the state. * * * * * * Councilman Smi t h stated it h as b een brough t to his a ttention there i s a b ike poun d i n th e City a nd s u gg e sted this i nformation be publish e d in the En g lewood Citizen . * * * * * * Ther e was no furth er business to be discussed . * * * * * * COU NCILMAN WILLIAMS 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: Absen t : Council Me mbers Clayton, Williams, Weber, Smith, Mann . None . Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried and ad- journed the regular Council meeting at 9 :25 p .m • • I • • ( • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORA DO October 2, 1978 Ja__ REGULAR MEETING: The Ci ty Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on October 2, 1978 at 7 :30 p.m. order. Mayor Pro Tern Mann, presiding, called the meeting to The invocation was given by Reverend Roland Andrews, Grace Baptist Church, 4200 South Acoma Street . The Pledge of Allegiance was led by Mayor Pro Tern Mann. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Clayton, Mann. Absent : Council Members Harper, Taylor . The Mayor Pro Tern declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes Police Chief Holmes Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 18, 1978 . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Abstain: Absent: Council Members Clayton, Weber , Smith, Mann. None. Council Member Williams . Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 18, 1978. Councilman Clayton sec- • I • • October 2, 1978 Page 2 • • • onded the motion. Upon a call of the ro ll , the vote resulted as follows: Ayes : Council Members Clayton , Williams , Weber, Smith, Mann . Nays: None. Absent: Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried . * * * * * * COUNCILMAN CLAYTON MOVED TO PASS A PROCLAMATION PROCLAI M- IN G THE WEEK OF OCTOBER 15 -21 , 1978 AS "NATIONAL BUSINESS WOMEN'S WEEK". Councilman Weber seconded the motion . Upon a call of the roll, the vote resu lted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None . Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carried . Mayo r Pro Tern Ma nn presented the proclamation to pre- scheduled visi tors Mrs . Pauline Barlow of the Englewood Business and Professional Women's Club and Mrs . Jackie Moore of the Englewood Centennial Business and Professional Women's Club. Mrs . Barlow and Mrs. Moore thanked the Council for this recognition. * * * * * * Mayor Pro Tern Man n asked if there w re any other visitors wish ing to address Council on any subject . Louise March, 3141 South Santa Fe #28 and Kathleen Ziegler , 3067 South Santa Fe appeared before Council and presented a petition containing 232 nam es of residents who protes the odor emit ted by hP Bi -C ity P lant . Mrs. March asked Council is there was anything tha t could be done o eliminate the odor. Mayor Pro Tern Mann stated Council would direct th City staff tn inve tigate he mat rer and finrl ou if anything <'l uld be done. * * * * * * • I • ( • Octob >t· 2, 1978 Page 3 • • - Mayor Pro Tern Mann asked if there were any other visit ors wishing to speak to Council . No one respon ded . * * * * * * COUN CILMAN WI LLIAMS MOV ED TO OPEN THE PU BL IC HEARI NG ON AN ORDINAN CE ON FIN AL READING THAT WOU LD ADOPT BY REFE RENCE THE 19 77 EDITION OF THE "MODEL TRAFFIC COD E FOR MUNICIPALITIES;" REP EALING ALL ORDINANCES IN CONFLICT THEREWITH; AN D PROVIDING PENALTIES FOR VIOLATION THEREOF . Councilman Clayton seconded the motion. Upon a call of the roll, the vote r esulted as fol -lows: Ayes: Nays : Absent: Council Members Clayton, Williams , Weber , Smith. Mann . None . Co u ncil Mem b ers Harper, Taylor . The Mayor Pro Tern declared the motion carried . Po li c e Chief Robert Holmes appeared before Council and a nswered qu estions concerning the code and its adoption . Police Ch i e f Holm es stated the adoption of the code would be to the ad - vantage o f h is depa r tmen t. Chief Holmes answered specific ques - tions Counc il had on licensing bicycle owners and dealers. The Police Chi ef stated the owner would have to license only newly acq u i red b i c y c le s a n d the license would be good for as long as t h e own er kept the bicycle. He also stated licensing bicycles a c tually is t o the advantage of the licensee because it helps the Police Department locate stolen bicycles. City Manager McCown stated the bicycle licensing program will be on a voluntary basis and he hoped bicycle owners would see it is actually for their protection. In answer to Councilman Smith's question, City Manager McCown stated both he and the Chief feel there will be no pro- blems in conducting the paper work involved in licensing bicycle dealers. Most people who sell bicycles today keep records and most of the information is readily available should the Police Department need the information quickly. Council and Police Chief Holmes discussed the pro- vision that required ''No U-Turn" signs to be posted where they are prohibited. Councilman Clayton stated this p rovision wou ld require all intersections of the City to be posted since no u- turns are presently prohibited . Police Chief Holmes stated to prohibit u-turns blanketly would be a mistake because there really was not a u-turn problem in terms of causing accidents • D I • • • October 2, 197 8 Page 4 • • - an d u-turns can be practical in many areas of the City. Council- ma n Weber stated it would be inconsistent and confusing to motor- ists for En glewood o adopt th e code without the provision when other surrounding municipalities have adopted the code with the pro vision. Mayor Pro Tern Mann asked if there was anyone in the audience wishing to speak to Council either for or against the ordinance. No one responded. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as f ollows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann . None . Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried . * * ~ * * * INTRODUCE D AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 24, SERIES OF 1978 AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLO RADO MUNICIPALITITES"; REPEALING ALL ORDINANC ES IN CO NF LICT THEREWITH; AND PROVIDING PENALTIE S FOR VIOLATION THEREOF. COU NCILMAN CLAYTO N MOVED TO PASS ORDINANCE NO. 24, SERIES OF 1978 ON FI NAL READING. Councilman Williams seconded the motion . Upon a cal l of the roll, the vote resulted as follows: Ayes : Nay s: Absent : Council Members Clayton, Williams, Weber, Smith, Mann. None . Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carried. * * * * * * "Commu 'cations -No Action Recommended" on the agend-. were received : • D I • • October 2, 1978 Page 5 (a) (b) (c) (d) (e) (f) • • .. Minutes of the Board of Adjustment and Appeals meeting of August 9, 1978. Minutes of the Den ver Regional Council of Governments meeting of August 16, 1978. Minutes of the Parks and Recreation Commis- sion meeting of September 14, 1978. Financial Report for the month of August, 1978. Memorandum from the Director of Public Works to the City Manager concerning traffic pro-blems around K-Mart. Memorandum from the City Manager to the City Council concerning services to other juris -dictions. Councilman Smith discussed item (f) and stated the City should take some type of action to enforce appropriate cities to pay their appropriate charges. City Manager McCown stated that City has been unsuc- cessful only with the City of Sheridan in trying to collect the charges. session. Council decided to discuss this matter at a future study * * * * * * Assistant City Manager Curnes presented the minutes of the Water and Sewer Board's special meeting of September 23, 197 8 concerning Supplement #62 Southgate Sanitation District. Assistant City Manager Curnes stated the Board recommends that Council approve a request for Supplement #62 received from the Southgate Sanitation District for the inclusion of an area con- taining approximately 13 acres wh ich is zoned for commercial use . There will be eight commerci al taps used to develop this area located on South Quebec and East Orchard Road. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT 062 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Williams seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Nays : Council Members Clayton, Williams, Weber, Smith, Mann. Non • • I • • • October 2, 1978 Page 6 Absent: • • • Council Members Harper , Taylor . The Mayor Pro Tern declared the motion carried. *****'~ City Manager McCown presented the recommendations from the Planning and Zoning Commission meeting of September 19, 1978 concerning the findings of fact for 1470 West Tufts, 1485 West Tufts and 1600 West Tufts . COUNCILMAN WEBER MOVED TO RECEIVE THE RECOMMENDATIONS . Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carried. * * * * * * Ci ty Manager presented a memorandum from the Director of Fina nce concerning an annexation petition for 4535 South Santa Fe Drive . COUNCILMAN WEBER MOVED TO REFER THE ANNEXATION PETITION TO THE COMMUNITY DEVELOPMENT DEPARTMENT FOR A REPORT BACK TO THE COUNC IL. Councilman Clayton seconded the motion. Upon a call of the rolJ, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harp r, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * City Manager McCown presen ted a memo randum fro m t he Di- rector of omm11nity Development concerning the Onkley An nex ation Petition ('t643 South Mariposa Dri ve). COUNCILMAN WEBER MOVED TO RE CEIV E H • t-1EMORANDUM fRO fl!f DIRECTOR or COt> NTTY DFVFt.r f'~ NT Co 1 • I nan r' 1 n • I • • - ( • October 2, 1978 Page 7 • • • onded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Clayton, Williams , Web er , Smith, Mann . Nays : None. Absent : Council Members Harper, Taylor. The Mayor Pro Tern declar ed the motion carried. * * * * * * City Manager McCown presented a request to reissu e a 3.2 beer license as a result of the reincorporation o f Encore, Inc . d/b/a The South Door, 5470 South Broadway. City Attorney Berardin i stated the questions he had con- cerning this request at the last Council meeting have been answered satisfactorily and the request was in proper order . COUNCILMAN WILLIAMS MOVED TO APPROVE THE REISSUANCE OF A 3.2 BEER LICENSE FOR ENCORE, INC . D/B/A THE SOUTH DOOR, 5470 SOUTH BROADWAY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Clayton, Williams, Weber , Smith, Mann. Nays: None. Absent: Council Members Harper, Taylor, The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ANNEXING 1.05 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. City Attorney Berardini stated the bill refers to pro-perty located at 1470 West Tufts Avenue. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • October 2, 1978 Page 8 Ayes: Nays: Absent : • • ,. • Council Members Clayton, Williams, Weber, Smith, Mann . None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY CO UNCI LMAN WILLIAMS A BILL FOR AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD, I-1, LIGHT INDUSTRI!."l. DIST RICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON: AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH: AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. City Attorney Berardini stated the bjll refers to zoning of pro pe rty located at 1470 West Tufts Avenue. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANC E ON FIRST READI NG. Councilman Weber seconded the motion. Councilman Smith stated he was i n favor of annexing the subj ct prop rties that are on this meeting's agenda but was not in avo r of the proposed zo ning for the properties because at least one of he properties separates two residential pieces of property; and since there was a considerable amount of unused l n- dustrial land with in the City of Englewood already, he did not want to see any mo re industri ally zoned property in the City un il it u ilized what presently exists. Councilman Ma nn stated he was in favor of z on ing the propPrties I-1 because this was the only way in whic h the p r o -perty cou ld be annexed to the City. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Williams, Weber, Mann. Nays: Counci l Member Smith. Absent: Council Members Harper, Taylor. Th Mayor Pro Tern declared the motion carried, * * * * * * • I . ( • Octo ue r 2, 1978 Page 9 • • • COUNC ILMAN WI LLIAMS MOV ED TO SET THE PU BLIC HEARING ON THE ABOVEMENTIONED BI LL FOR AN ORD I NANCE ON ZONING FOR OCTOBER 2 3, 1978, AT 7 :00 P.M. Counc i lman We b er s econded th e motion. Upon a call of the roll, the v o te r e s ulted a s fo l l ows : Ayes: Nays : Absent : Counc i l Member s Cl ay t on, Williams, Weber, Smith, Mann. None. Counc i l Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Council decided to pass over t he next agenda items (bills concerning annexation and zoning of -~roperty located at 1485 West Tufts Avenue) until later on in the meeting. Council r e quest e d the City Attorney to clarify th e exact location description of the land to be dedicated. * * * * * * INTRODUCED AS A BILL BY COUNCI LMAN CLAYTON A BILL FOR AN ORDINANCE ANNEXING 2.232 ACRES, MOR E OR LESS, AS HEREI NAFT ER MORE PARTICULARLY DESCRIBED , TO THE CI TY OF ENG LEWOO D, COLO RADO, AND IMPOSING TERMS AN D COND IT IO NS THER EON. Ci ty Attorn ey Be r a r di n i stated the bill refers to pro- perty l ocate d at 1600 West Tufts Avenue. COU NCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING . Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Membe r s Clayton, Williams , Webe r , Smit h , Man n . Nays: None . Absent: Co uncil Members Harper, Tay l or. The Ma yor Pro Te rn dec l ared the mot i on c a rr i ed. * * * * * * • , I • • • October 2, 1978 Page 10 • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLAS SIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT. City Attorney Berardini stated this bill refers to the zoning of property located at 1600 West Tufts Avenue . COUNCILMAN CLAYTO N MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET THE PUBLIC HEARING DATE FOR OCTOBER 23, 1978 AT 7:00 P.M. Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Absent : Council Members Clayton, Williams, Weber, Mann. Council Member Smith . Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried . * * * * * * INTRODUCED AS A BIL L BY CO UNCI~MAN SMITH A BILL FOR AN ORDINANCE AUTHORIZING THE TRANSFER OF A CERTAIN PARCEL OF REAL PROP ERTY LOCATED IN GRAND COUNTY CONSISTING OF 5.60 ACRES TO CER- TAIN INDIVIDUALS AS A RESULT OF A DETERMINATION THAT CERTAIN IM- PROVEMENTS WERE NOT REQUIRED TO BE MADE. COUNCILMAN SMITH MOVED TO PASS THE BIL L FOR AN ORDINANCE ON FIRST READING. Councilman Weber seconded the motion. Upon a C !ill of l he roll , the vote resulted as follows: Aye s Council Members Clayton , Wil iams, Weber, Smith , Mann. ln y s : !l o ne. ''ounci l M~mber 'l Ha rper, Taylor . rhe 1ayor Pro Tern declared the motion carried . * * * * * * • I . - ( • October 2, 197 8 Page 11 • • • INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE CREA TING AND ESTABLISHING A DOWNTOWN DEVELOPMENT AUTHORITY IN THE CIT Y OF ENGLE WOOD, AND APPOINTING THE BOARD THEREOF. City Attorney Berardini suggested that since Cou ncil has not yet selected people to serve on the Board, the wording u nder Section 4 be deleted and changed to read as follows: That duly qualified persons to serve as members of the Board of said Au thority shall be appointed by resolution to be approved and adopted by City Council on Octob er 16, 1978 and the terms of office established therein." City Attorney Berardini also suggested that the title of the bill be changed to comply with the changes in Section 4 and to read as foll ows : "AN ORDINANCE CREATING AND ESTABLISHING A DOWNTOWN DEVELOPMENT AUTHORITY IN THE CITY OF ENGLEWOOD, COLORADO, AND THE BOARD THEREOF TO BE APPOINTED BY RESOLUTION HEREAFTER DULY ADOPTED." COUNC ILMA N WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING WITH THE SUGGESTED CHANGES MADE. Coun- cilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AMENDING SUB-SECTION (6), SECTION 17 (a), OF CHAPTER 4, TITLE V, OF THE '69 E .M.C. BY CHANGING VETERANS HOLIDAY FROM THE FOURTH MONDAY IN OCTOBER TO NOVEMBER 11 OF EACH YEAR • • I • • • October 2, 197 8 Page 12 • • - City Attorney Berardini stated he received a memorandum indicating the or d i nanc e become effective this year and advised Cou ncil to add an emergency clause if agreed up o n to ef fect the o rdinance prior to November llth . City Attorney Berardini sta ted th e emerge ncy clause would only apply if the ordinance passed unamious ly with all members present . COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE INC LUDING IN THE BIL L THE ADDITION OF AN EMERGENCY CLAUSE. Coun- cilman Clayton seconded the motion . Upon a call of the roll, the vote r esulted as follows: Ayes : Nays : Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Coun cil Members Harper , Taylor. The Mayor Pro Tern declared the motion car ried. *i<**** INTRODUCED A A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE APPROVING AN AGR EEME NT ALLOW ING THE CITY OF ENGLEWOOD, COLORADO TO USE LANDS A D IMPROVEMENTS COMMONLY KNOWN AS DUNCAN SCHOOL OWNED BY SC HOO L DIST RICT #1 OF ARAPAHOE COUNTY AND PROVIDING FOR THE TERMS OF THE SAID USE . COUNCIL AN WILLI AMS MOVED TO PASS THE BILL FOR AN ORDI - NANCE ON FIRST READING . Councilman Web e r seconded the motion. Upon ~ call of the roll, the vote r es ulted as follows : Ayes : Nays: Council Members Clayton, Williams, Weber, Smith, Mann . None. Council Me mbers Harper, Taylo r. Th Mayo r Pro Tern declared h mot ion carried. * * * * * * RFSOLUTION NO 55, SERIES OF 1978 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD ftND THE PUBLI C Sr:RVICE COMPANY FOR DUMPING FT Y \ H 1\.T THF F.NGLF\v OD ~!UN r PAT GOLF !Jl RS . • I • • ( • October 2, 1978 Page 13 • • • City Attorney Berardini suggested the re-drafted con- tract be reviewed and approved by the City Council of the City of Sheridan before any further action is taken. The City Attorney requested the resolution approving the contract be postponed until the next regular Council meeting on October 16 , 1978. COUNCILMAN SMITH MOVED TO POSTPONE CONSIDERATION OF THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING ON OCTOBER 16, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Clayton, Williams , Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Te~ dec1ar@d the motion carried. * * * * * * City Manager McCown transmitted a list of letters that have been received f rom c iti zens interested in serving on boards and commissions of the City. City Manager McCown stated this information was for Counc il's consideration in filling the Plan- ning and Zoning Comm ission Chairman vacancy. * * * * * * Mayor Pro Tern Mann declared a recess at 9 :10p.m. The Council reconvened at 9:15p.m. Mayor Pro Tern Mann called the meeting to order. * * * * * * City Manager McCown reported a loading zone sign has been ordered to be placed in front of the First Baptist Church. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ANNEXING 2.50 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO , AND IMPOSING TERMS AND CONDITIONS THEREON. City Attorney Berardini stated this bill refers to pro - perty located at 1485 West Tufts Avenue • • 0 I • • • • • • Uct ,bt!l 2, 1978 i-age 14 City Attorney Berardini clari fied the conf usion created P3 l er in the meeting when this bill came before Council . City H ~.; nev Berardini stated even though the wording used by the Co m- .num t.y Development Department Directo r was d~fferent than his, the nterpretation of th l ocation of the area to be dedicated was one and Lhf' same. COUNCILMAN WILLIAMS MOVED TO PAS S THE BILL FOR AN OR - DINANCE ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as fo llows: Ayes: Nays: Absent: Council Me mbers Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper , Taylor. Th • Mayor Pro Tern declared the motion carried. * * * * * * IN'I ROOUCW AS A RlLL BY COUNCILMAN WILLIAMS A BILL FOR AN OtUI ANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY QF ENGLF WOOD, ARAPAHOE COUNT , STATE OF COLORA DO, FROM AN UNZONED Cl <; .. l CATION TO J -1, LfGI!T INDUSTRIAL DISTRICT . City Attorney Berardini stated this bill refers to the Z<ln~ng of property located at 1485 West Tufts Avenue . COUNCLLHAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR-Dl'~A CF ON FiRST READING. Councilman Clayton seconded the motion. 'p 'II call of th roll, the vote resulted as follows: BO .ME \T 7. 00 I Aves: Council Members Clayton, Williams, Weber , Mann. Nay : Council Member Smith. en r: Council Members Harper, Taylor. The Mayor r Tern declared the motion carried. * * * * * * CO U C'ILI-'AN WILLIAMS MOVED 1'<1 SET A PUBLIC HEARING ON THE TlONED BILL F'OR AN ORDI NANC E ON ZONI NG FOR OCTOBER 23, 1978 P.M. touncilman WP.ber second • the "ll" m. Upon a c 11 roll, 1 t>voter.,uledi frll·s: • I • • • October 2, 1978 Page 15 Aye s: Nays : Abent : • • - Co unci l Members Clayton, Williams, Weber, Smith, Mann. None. Counci l Members Harper, Taylor. The Mayor Pro Tern declared the motion c arried . * * * * * * Councilman Clayton directed the City Manager to investi- gate the train/traffic problem created for motorists traveling east and west across South Santa Fe to see if anything could b e done about regulating the traffic oignals in order to giv e these motorists first preference in moving after the train has passed. City Manager McCown stated he would certainly look in to the matter but questi oned whe ther anything could be done a bout the problem since some of the intersections are not in the city limits and some of the signals are installed and main-tained by the state, * * * * * * Councilman Smith stated it has been brought to his attention there is a bike pound in the City and suggested this information be published in the Englewood Citizen . * * * * * * There was no further business to be discussed . * * * * * * COUNCILMAN WILLIAMS 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 Clayton, Williams, Weber, Smith, Mann . None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried and ad- j ourned the regular Council meeting at 9 :25 p.m • • I • • - • • • .. - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO Oc tober 2, 1978 lo.... REGULAR MEETING: The City Council of the City o f Englewood , Arapahoe County, Colorado , met in regular session on October 2, 1978 at 7 :3 0 p .m. order . Mayor Pro Tern Mann, presiding, called the meeti ng to The invocation was given by Reverend Roland Andrews , Grace Baptist Church, 4200 So uth Acoma Street. The Pledge of Allegiance wa s led by Mayor Pro Tern Mann . May o r Pro Tern Mann asked for roll call . Upon a call of the roll, the following were present: Counc il Members Williams, Weber, Smith, Clayton, Mann. Absent : Council Members Harper, Taylor . The Mayor Pro Tern declared a quorum present. * * * * * * Also pres ent were : City Manager McCown Assistant City Manager Police Chief Holmes Curnes Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 18, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Weber, Smith, Mann. Nays: None. Abstain: Council Member Williams. Absent: Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried . * * * * * * COUNCILMAN WEBER MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 18, 1978. Councilman Clayton sec- • D I • • October 2, 1978 Page 2 • • - onded the motion. Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Clayton , Williams , Weber, Smith, Mann. Nays : None. Absent: Cou nc il Members Harper, Taylor. The Mayor Pr o Tern declared the motion carried. * * * * * * COUNC I LMAN CLAYTON MOVED TO PASS A PROCLAMATION PROCLAIM- ING THE WEEK OF OCTOBER 15 -21, 1978 AS "NATIONAL BUSINESS WOMEN'S WEEK". Councilman Weber seconded the motion. Upon a call of the ro l l , the vo te resulted as follows: Ay es : Nays: Absent : Council Members Clayton, Williams, Weber, Smith, Mann . None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. Mayor Pro Tern Mann presented the proclamation to pre- s c h e du l ed visitors Mrs. Pauline Barlow of the Englewood Business and Professional Women's Club and Mrs. Jackie Moore of the Englewood Ce nt e nnial Business and Professional Women's Club. Mrs. Barlow a nd Mrs. Moore thanked the Council for this recognition. * * * * * * Mayor Pro Tern Mann asked if ther e we r e a n y other visitors wish i ng t o address Coun cil on any subj ect. Louise March , 3 141 South Santa Fe #2 8 and Ka t h leen Zi e g ler , 3067 So u th Sa nta Fe app e ar e d before Council and present e d a p e t i t i on ontaining 232 names of residents who prote st the odor emitt ed by he Bi -Cit y Plant . Mrs. Ma rch ask e d Counc il i s t here was a ny thing t hat could be do n e to eli mi nate th e o dor. Ma y o r Pro Te rn Ma nn stated Co unc il would direc t t h City staff r o i n vestig ate t h e matt er a n d f in d out if anyth i n g "o u ld be do n e . * * * * * * • I • ( • October 2, 1978 Page 3 • • • Mayor Pro Tern Mann ask e d if there were any other visitors wishing to speak to Council. No one responded . * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING ON AN ORDINANCE ON FINAL READING THAT WOULD ADOPT BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR MUNICIPALITIES;" REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays : Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None . Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carried. Police Chief Robert Holmes appeared before Council and answered questions concerning the code a nd its adoption. Police Chief Holmes stated the adoption of the code would be to the ad- vantage of his department. Chief Holmes answered specific ques- tions Council had on licensing bicycle owners and dealers. The Police Chief stated the owner would have to license only newly acquired bicycles and the license would be good for as long as the owner kept the bicycle. He also stated licensing bicycles actually is to the advantage of the licensee because it helps the Police Department locate stolen bicycles. City Manager McCown stated the bicycle licensing program will be on a voluntary basis and he hoped bicycle owners would see it is actually for their protection. In answer to Councilman Smith's question, City Manager McCown stated both he and the Chief feel there will be no pro- blems in conducting the paper work involved in licensing bicycle dealers. Most people who sell bicycles today keep records and most of the information is readily available should the Police Department need the information quickly. Council and Police Chief Holmes discussed the pro- vision that required "No U-Turn" signs to be posted where they are prohibited. Councilman Clayton stated this provision would require all intersections of the City to be posted since no u- turns are presently prohibited. Police Chief Holmes stated to prohibit u-turns blank tly would be a mistake because there really was not a u-turn problem in terms of causing accidents • I • • October 2, 1978 Page 4 • • • and u-turns can be practical in many areas of the City. Council- man Weber stated it would be inconsistent and confusing to motor- ists for Englewood to adopt the code without the provision when other surrounding municipalities have adopted the code with the provision. Mayor Pro Tern Mann asked if there was anyone in the audience wishing to speak to Council either for or against the ordinance. No one responded. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * j.· * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO . 24, SERIES OF 1978 AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITITES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 24, SERIES OF 1978 ON FINAL READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Absent : Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda we re received : • 0 I • ( • October 2, 1978 Page 5 (a) (b) (c) (d) (e) (f) • • .. Minutes of th e Board of Adjustment and Appeals meeting of August 9, 1978. Minutes of the Denver Regional Council of Governments meeting of August 16, 1978. Minutes of the Parks and Recreation Commis- sion meeting of September 14, 1978. Financial Report for the month of August, 1978. Memorandum from the Director of Public Works to the City Manager concerning traffic pro-blems around K-Mart. Memorandum from the City Manager to the City Council concerning services to other j uris-dictions. Councilman Smith discussed item (f) and stated the City should take some type of action to enforce appropriate cities to pay their appropriate charges. City Manager McCown stated that City has been unsuc- cessful only with the City of Sheridan in trying to collect the charges. session. Council decided to discuss this matte r at a future study * * * * * * Assistant City Manager Curnes presented the minutes of the Water and Sewer Board's special meeting of September 23, 197 8 concerning Supplement H62 Southgate Sanitation District. Assistant City Manager Curnes stated the Board recommends that Council approve a request for Supplement 062 received from the Southg at e Sanitation Distric t for the inclusion of an area con- taining approximately 13 acr es wh ich is zoned for commercial use. There will be eight commerc ial taps used to develop this area located on South Quebec and East Orchard Road. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT #62 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Williams seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes: Nays: Council Members Clayton, Williams, Weber, Smith, Mann. None. • I • • Octob e r 2, 1978 Page 6 Absent : • • . . • Council Members Harper, Taylor. The Ma yor Pro Te rn declared the motion carried. * * * * * * City Manager McCown presented the recommendations from t h e Planning and Zoning Commission meeting of September 19, 1978 concerning the find i ngs of fact for 1470 West Tufts, 1485 West Tufts and 1600 West Tufts. COUNCILMAN WEBER MOVED TO RECEIVE THE RECOMMENDATIONS. Councilman Smith seconded the motion. Upon a call of the roll, t he v ote resulted as follows : Ayes : Na ys : Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper , Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Ci ty Manager presented a memorandum from the Director o f Fi n a nc e concerning an annexation petition for 4535 South Santa Fe Drive . COUNCILMAN WEBER MOVED TO REFER TH E ANNEXATION PETITION TO THE COMMUNITY DEVELOPMENT DEPARTMENT FOR A REPORT BACK TO THE COUNCIL . Cou ncilma n Clayton seconded th e mot i on . Upon a call o f t h e ro l , th e vote re sul t ed as follows : Ayes: Na ys : Absen t : Cou1cil Member s Clayt on , Wi l liams, Weber , Smith, Mann. No n e. Counc i l Members Harp er, Ta y l or . The May or Pro Tern d ec l a r e d t h e mo tion c a rr ied. * * * * * * Ci ty Manager Mc Cown pr e sen ted a memo r a nd um f r om t h e Di - re ct o r of Co mm u n ity Develo pm ent c o ncerning the Oak ley An nexation P e ti tion (116 93 So uth Ma r iposa Dr ive ). COUN CI LMAN WEBE R MOVED TO RECEIVE TH E M MORANDU M FROM TH E DIRECTOR OF COMMUN TY FVELCF MFN T. Counri I man C'l l' n s£ c· • I • • Octob er 2, 1978 Page 7 • • • onded the motion . Upo n a call o f the roll, the vote r esult ed as follows: Ayes : Counc il Members Clayton, Williams, Web er , Smith, Mann. Nays : None. Abs en t : Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * City Manager McCown presented a request to reissue a 3.2 beer license as a result of the reinco rporation of Encore, Inc. d/b/a The South Door, 5470 South Broadway. City Attorney Berardini s tated the questions he had con- cerning th is request at the last Co uncil meeting have been answ ered satisfactorily and the r equest was in proper order. COUNCILMAN WILLIAMS MOVED TO APPROVE THE REISSUANCE OF A 3.2 BEER LICENSE FOR ENCORE , INC. D/B/A THE SOUTH DOOR, 5470 SOUTH BROADWAY. Councilman Weber seconded the motion. Upon a call of the roll, the vote result ed as follows: Ayes : Council Membe rs Clayton, Williams, Weber, Smith, Mann. Nays: Non e . Absent: Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ANNEXING 1.05 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. City Attorney Berardini stated the bill refers to pro-perty located at 1470 West Tufts Avenue. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: • 0 I • • • Octob er 2, 197 8 Page 8 • • • Ayes: Council Members Clayton, Williams, Weber, Smith, Mann. Nays : None . Absent : Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD, I-1, LIGHT INDUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON : AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH: AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE . City Attorney Berardini stated the b il l refers to zoning of property located at 147 0 West Tufts Avenue . COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Weber seconded the motion. Councilman Smith stated he was in favor of annexing the subject properties that are on this meeting's agenda but was not i n favor of the proposed zoning for the properties b e cause at least one of the properties separates two residential pieces of property; and since there was a considerable amount of unused in- dustrial land within the City of Englewood already, he did not want to see any more industrially zoned property in the City until it utilized what presently exists. Councilman Mann stated he was in favor of zoning the properties I-l because this was the only way in which the pro-perty could be annexed to the City. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Williams, Weber, Mann. Nays: Council Member Smith. Absent: Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * • I • • - ( • Octo ber 2, 1978 Page 9 • • - COUNCILMAN WILLIAMS MOVED TO SET THE PUBLIC HEARING ON THE ABOVEMENTIONED BILL FOR AN ORDINANCE ON ZONING FOR OCTOBER 23, 1978, AT 7:00P.M. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Council decided to pass over the next agenda items (bills concerning annexation and zoning of -~roperty located at 1485 West Tufts Avenue) until later on in the meeting. Council requested the City Attorney to clarify the exact location description of the land to be dedicated. D * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ANNEXING 2.232 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD , COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. City Attorney Berardini stated the bill refers to pro-perty located at 1600 West Tufts Avenue. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Williams, Weber, Smith, Mann. Nays : None. Absent : Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * • I • • October 2, 1978 Page 10 • • - INT RODU CED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATI ON TO I -1, LIGHT INDUSTRIAL DISTRICT. City At torney Berardini st ated this b ill refers to the zoning of prope rty located at 1600 We st Tufts Avenue. COUNCILMAN CLAYTO N MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AN D SET THE PUBLIC HEARING DATE FOR OCTOBER 23, 1978 AT 7:00 P.M. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Clayton, Wil liams, Weber, Mann. Council Member Smith . Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried . * * * * * * INTRODUCED AS A BILL BY CO UNCI~MAN SMITH A BILL FOR AN ORDINAN CE AUTHORIZING THE TRANSFER OF A CERT AIN PARCEL OF REAL PROPERTY LOCATED IN GRAND COU NTY CONSISTING OF 5.60 ACRES TO CER- TAIN I NDIV I DUALS AS A RESULT OF A DETERMINATION THAT CERTAIN IM- PROVEMENTS WERE NOT REQUIRED TO BE MADE . COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Weber seconded the motion . Upon a call of th e roll, the vote resulted as follows: Ayes : Council Members Clayton , Williams, Weber, Smith , Mann. Nays : None. Absent : Cou n ci.l Member s Ha rper, Taylor. The Ma yor Pro Tern declared the motion carried . * * * * * * • I • ( • October 2, 1978 Page ll • • • INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING A DOWNTOWN DEVELOPMENT AUTHORITY IN THE CITY OF ENGLEWOOD, AND APPOINTING THE BOARD THEREOF. City Attorney Berardini suggested that since Council has not yet selected people to serve on the Board, the wording under Section 4 be deleted and changed to read as follows: That duly qualified persons to serve as members of the Board of said Authority shall be appointed by resolution to be approved and adopted by City Council on October 16, 1978 and the terms of office established therein." City Attorney Berardini also suggested that the title of the bill be changed to comply with the changes in Section 4 and to read as follows : "AN ORDINANCE CREATING AND ESTABLISHING A DOWNTOWN DEVELOPMENT AUTHORITY IN THE CITY OF ENGLEWOOD, COLORADO, AND THE BOARD THEREOF TO BE APPOINTED BY RESOLUTION HEREAFTER DULY ADOPTED." COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING WITH THE SUGGESTED CHANGES MADE. Coun- cilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AMENDING SUB-SECTION (6), SECTION 17 (a), OF CHAPTER 4 , TITLE V, OF THE '69 E.M.C. BY CHANGING VETERANS HOLIDAY FROM THE FOURTH MONDAY IN OCTOBER TO NOVEMBER ll OF EACH YEAR • • I • • ...... • October 2, 1978 Page 12 • • .. City Attorney Berardini stated he received a memorandum indicating the ordinance become effective this year and advised Council to add an emergency clause if agreed upon to effect the ordinance prior to November llth . City Attorney Berardini stated the emergency clause would only apply if the ordinance passed unamiously with all members present. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE INCLUDING IN THE BILL THE ADDITION OF AN EMERGENCY CLAUSE. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Williams, Weber, Smith, Mann. Nays: None. Absent: Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INT RODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT ALLOWING THE CITY OF ENGLEWOOD, COLORADO TO USE LANDS AND IMPROVEMENTS COMMONLY KNOWN AS DUNCAN SCHOOL OWNED BY SCHOOL DISTRICT #l OF ARAPAHOE COUNTY AND PROVIDING FOR THE TERMS OF THE SAID USE. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN ORDI- NANCE ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as foll ows : Ayes : Nays: Absent: Council Members Clayton, Williams, Web er, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the mot ion carried. * * * * * * RESOLUTION NO. 55, SERIES OF 1978 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE PUBLIC SERVICE COMPANY FOR DUMPING FLY ASH AT THE ENGLEWOOD MUN IC IPAL GOLF COURSE . • I • - ( • October 2, 1978 Page 13 • • • ·- City Attorney Berardini suggested the re-drafted con- tract be reviewed and approved by the City Council of the City of Sheridan before any further action is taken. The City Attorney requested the resolution approving the contract be postponed until the next regular Council meeting on Oct ober 16, 1978. COUNCILMAN SMITH MOVED TO POSTPONE CONS IDE RATION OF TH E RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING ON OCTO BER 16, 1978. Councilman Clayton seconded the motion. Upon a call o f the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Te6 dec1ar!d, the motion carried . * * * * * * City Manager McCown transm itted a list of letters t h at have been received from citizens interested in serving on boards and commissions of the City. City Manager McCown stated this information was for Counc il's con sideration in filling the Plan - ning and Zoning Commission Chairman vacancy. * * * * * * Mayor Pro Tern Mann declared a recess at 9 :10p.m . The Council reconvened at 9 :15p.m. Mayor Pro Tern Mann called the meeting to order. * * * * * * City Manager McCown reported a loading zone sign has been ordered to be placed in front of the First Baptist Church. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ANNEXING 2.50 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON . City Attorney Berardini stated this bill refers to pro- perty located at 1485 West Tufts Avenue • • 0 I • - • Oe ht:r 2 , 1978 Pai'.e 14 • • • City At orney Berardini clari fie d the confusion creat e d 2arl i er in the meeting when th is bill came before Counc i l. City ~tt~rney Berardini stated even th ough the wording used by the Com- munll Deve lo pment Department Direc tor was diffe r ent than his, the nterpretalion of th l ocation of the area to be dedicated was one and the s am . COUNCILMAN WILLIAMS MOV ED TO PASS THE BILL FOR AN OR- DI NANCE ON FIRST READING . Councilman Webe r seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council Me mbers Clayton, Williams, Weber, Smith, Mann . Nays : None . Absent : Co un cil Members Harper, Taylor. The Mayo r Pro Tern declare d the motion carried. * * * * * * r,~TROUlJCE D AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDIN ANCE ZONI NG A NEWLY ANN EXED PARCEL OF LAND TO THE CITY OF r:NGLE WOOD, ARAPAHOE CO UNTY, STATE OF COLO RADO, FROM AN UN ZONED CL SSHICATION TO I-1, LIGHT I NDUS TRIA L DISTRICT . City Attorney Berardini stated this bill refers to the zoning of property locat ed at 1485 West Tufts Avenue. COUNCILMAN WILLI AMS MOVED TO PASS THE BILL FOR AN OR- Dl1A CF ON FI RST READING. Councilman Clayton seconded the motion. IJ pon :1 call of t h roll, the vote resulted as follows: Ayes : Cou ncil Members Clayton, Williams, Weber, Mann. Nays: Council Member Smith. Absent: Cou n cil Members Harp er, Taylor . The Mayor Pro Tern declared the motion carri ed . * * * * * * CO UNCI LMAN WILLIAM S MOVED TO SE T A PUBLIC HEARING ON THE AB OVEMEN TIONED BILL FOR AN ORD INANC E ON ZONI NG FOR OCTOBER 23, 1978 \T 7 00 P.M . Co un cilman Weber seconde d th mo ion . Upon a cal l o1 ~ e t"oll, he vote re sul ed as fol Jws: • I • • G ( • October 2, 1978 Page 15 Ayes: Nays: Abent: • • • Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Councilman Clayton directed the City Manager to investi- gate the train/traffic problem created for motorists traveling east and west across South Santa Fe to see if anything could be done about regulating the traffic signals in order to give these motorists first preference in moving after the train has passed. City Manager McCown stated he would certainly look into the matter but questioned whether anything could be done about the problem since some of the intersections are not in the city limits and some of the signals are installed and main-tained by the state . * * * * * * Councilman Smith stated it has been brought to his attention there is a bike pound in the City and suggested this information be published in the Englewood Citizen. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Williams, Weber, Smith, Mann. Nays: None. Absent: Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried and ad- journed the regular Council meeting at 9 :25 p.m. • 0 I • • • • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO October 2, 1978 REGULAR MEETING: The City Council of the City of Englewood , Arapahoe County, Colorado , met in regular session on October 2, 1978 at 7 :30 p.m. order . Mayor Pro Tern Mann, presiding, called the meeti ng to The invocation was given by Reverend Roland Andrews, Grace Baptist Church, 4200 South Acoma Street. The Pledge of Allegiance was led by Mayor Pro Tern Mann. Mayor Pro Tern Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Clayton, Mann. Absent: Council Members Harper, Taylor . The Mayor Pro Tern declared a quorum present. * * * * * * Also present were : City Manager McCown Assistant City Manager Curnes Police Chief Holmes Deputy City Cl e rk Watkins * * * * * * COUNCILMAN SMITH MOVED TO AP PROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 18, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Weber, Smith, Mann. Nays : None. Abstain : Council Memb er Williams. Absent : Council Members Harper , Taylor. The Mayor Pro Tern decl ared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 18, 1978. Councilman Clayton sec- • I • • • October 2, 1978 Page 2 • • • onded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Clayton , Williams , Weber, Smith, Mann. Nays: None. Absent: Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS A PROCLAMATION PROCLAIM- ING THE WEEK OF OCTOBER 15 -21, 1978 AS "NATIONAL BUSINESS WOMEN'S WEEK". Councilman Weber seconded the motion. Upon a call of the roll , the vote resulted as follows: Ay es: Nays : Absent : Council Members Clayton, Williams, Weber, Smith, Mann . None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. Mayor Pro Tern Mann presented the proclamation to pre- scheduled visitors Mrs. Pauline Barlow of the Englewood Business and Professional Women's Club and Mrs. Jackie Moore of the Englewood Centennial Business and Professional Wom en 's Club. Mrs. Barlow and Mrs. Moore thanked the Council for this recognition. * * * * * * Mayor Pro Tern Mann asked if there were any other visitors wishing to address Council on any subject. Louise March, 3141 South Santa Fe #28 and Kathleen Ziegler, 3067 South Santa Fe appeared before Council and presented a petition containing 232 names of residents who protest the odor emitted by the Bi-City Plant. Mrs . March asked Council is there was anything that could be done to eliminate the odor . Mayor Pro Tern Mann stated Council would direct the City staff to investigate the matter and find out if anything could be done . * * * * * * • 0 I • • Octob "'r 2, 1 978 Page 3 • • • Mayor Pr o Tern Mann asked if there were any other visit ors wishing to speak to Council. No one responded. * * * * * * CO UNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING ON AN ORDINANCE ON FINAL READING THAT WOULD ADOPT BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR MUNICIPALITIES;" REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol -lows: Ayes : Nays : Absent : Council Members Clayton, Williams, Weber, Smith, Mann. None. Coun cil Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. Police Chief Robert Holmes appeared before Council and answered questions concerning the code and its adoption. Police Chief Holmes stated the adop tion of the code would be to the ad- vantage of his department. Chief Holmes answered specific ques- tions Council had on licensing bicycle owners and dealers. The Police Chief stated the owner would have to license only newly acquired bicycles and the license would be good for as long as the owner kept the bicycle. He also stated licensing bicycles actually is to the advantage of the licensee because it helps the Police Department locate stolen bicycles . City Manager McCown stated the bicycle licensing program will be on a voluntary basis and he hoped bicycle owners would see it is ac tually for the ir protection. In answer to Councilman Smith's question, City Manager McCown stated both he and the Ch ie f feel there will be no pro- hlems in conducting the pap er work involved in licensing bicyc le dealers. Most people who sell bicycles today keep records and most of the information is readily available should the Police Department need the information qu ickly . Council and Police Ch ief Holmes discussed the pro- vision that required "No U-Turn" signs to be posted where they are prohibited. Councilman Clayton stated this provision would require all intersections of the Ci ty to be posted since no u- turns are presently prohibited. Police Chief Holmes stated to prohibit u-turns blanketly would be a mistake because there really was not a u-turn problem in terms of causing accidents • 0 I • • October 2, 1978 Page 4 • • - and u-turns can be practical in many areas of the City. Council- man Weber stated it would be inconsistent and confusing to motor- ists for Englewood to adopt the code without the provision when other surrounding municipalities have adopted the code with the provision. Mayor Pro Tern Mann asked if there was anyone in the audience wishing to speak to Council either for or against the ordinance. No one responded. COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Counci l man Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor . The Mayor Pro Tern declared the motion ca rried. * * j.· * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 24, SERIES OF 1978 AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITITES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. COUNCI LMAN CLAYTON MOVED TO PASS ORDINANCE NO. 24, SERIES OF 1 978 ON FINAL READING. Councilman Williams seconded the motion. Up on a ca ll of the r ol l, the vote resulted as follows: Ayes: Nay s: Absent : Council Members Clayton, Williams, Weber, Smith, Mann. None. Counc i l Members Harper, Taylor. The Mayor Pr o Tern declared the motion carried. * * * * * * "Commu c ations -No Action Recommended" on the a g end <> were received : • • I • October 2, 1978 Page 5 (a) (b) (c) (d) (e) (f) • • .. Minutes of the Board of Adjustment and Appeals meeting of August 9, 1978. Minutes of the Denver Regional Council of Governments meeting of August 16, 1978 . Minutes of the Parks and Recreation Commis- sion meeting of September 14, 1978 . Financial Report for the month of August, 1978. Memorandum from the Director of Public Works to the City Manager concern i ng traffic pro-blems around K-Mart. Memorandum from the City Manager to the City Council concerning services to other juris-dictions. Councilman Smith discussed item (f) and stated the City should take some type of action to enforce appropriate cities to pay their appropriate charges. City Manager McCown stated that City has been unsuc- cessful only with the City of Sheridan in trying to coll ect the charges. session. Council decided to discuss this matter at a future study * * * * * * Assistant City Manager Curnes presented the minutes of the Water and Sewer Board's special meeting of September 23, 1978 concerning Supplement #62 Southgate Sanitation District. Assistant City Manager Curnes stated the Board recommends that Council approve a request for Supplement 062 received from the Southgate Sanitation District for the inclusion of an area con- taining approximately 13 acres which is zoned for commercial use. There will be eight commercial taps used to develop this area located on South Qu e bec and East Orchard Road, COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT #62 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Williams seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes : Nays : Council Members Clayton, Williams, Weber, Smith, Mann. None. • I • • - • Octob e r 2, 1978 Pag e 6 Absent: • • • Council Members Harper, Taylor. The Mayor Pro Tern declared the mot i on carri e d. * * * * * * City Manager McCown presented the recommendations f rom the Planning and Zoning Commission meeting o f September 19, 1978 concerning the findings of fact for 1470 West Tufts, 1485 We s t Tufts and 1600 West Tufts . COUNCILMAN WEBER MOVED TO RECEIVE THE RECOMMENDAT I ON S. Councilman Smith seconded the motion. Upon a call of the rol l , the vote resulted as follows: Ay e s : Na y s : Abs e n t: Council Members Clayton, Williams , Weber, Smith, Mann. None. Counc il Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * City Manag e r presented a memorandum from the Director of Fi nance concerning an annexation petition for 4535 South Santa Fe Drive . COUNCILMAN WEBER MOVED TO REFER THE ANNEXATION PETITION TO TH E COMMUNITY DEVELOPMENT DEPARTMENT FOR A REPORT BACK TO THE COUNC IL . Coun cilman Clay t on s e cond e d th e mo tion, Upon a cal l of t h e r o ll, t h e vo t e r es ul ted as f ol l ow s: Ayes: Nays: Absent: Council Mem b ers Clayton, Williams, Weber, Smith, Mann . None . Council Membe r s Harper, Tayl o r . The Mayor Pro Tern declared the motion carried . * * * * * * City Manager McCown presented a memorandum from the Di- rector of Community Development co ncerning the Oakley Annexation Petition (4693 South Mariposa Drive), COUNCILMAN WEBER MOVED TO RECEIVE THE MEMORANDUM FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT. Councilman Clayton sec- • I • - • October 2, 1978 Page 7 • • • ended the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Williams, Weber, Smith, Mann . Nays: None . Absent : Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carried . * * * * * * City Manager McCown presented a request to reissue a 3.2 beer license as a result of the reincorporation of Encore, Inc. d/b/a The South Door, 5470 South Broadway. City Attorney Berardini stated the questions he had con- cerning this request at the last Council meeting have been answered satisfactorily and the request was in proper order. COUNCILMAN WILLIAMS MOVED TO APPROVE THE REISSUANCE OF A 3 .2 BEER LICENSE FOR ENCORE, INC. D/B/A THE SOUTH DOOR, 5470 SOUTH BROADWAY . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None . Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ANNEXING 1.05 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. City Attorney Berardini stated the bill refers to pro- perty located at 1470 West Tufts Avenue. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • October 2, 1978 Page 8 Ayes: Nays : Absent: • • - Council Members Clayton, Williams, Weber, Smith, Mann. None . Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORD IN ANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGL EWOOD, I-1, LIGHT I NDUSTRIAL DISTRICT, RECITING A WAIVER AND IMP OSING CONDITIONS THEREO N: AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH: AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE . City Attorney Berardini stated the bill refers to zoning of property located at 1470 West Tufts Avenue . COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Weber seconded the motion, Councilman Smith stated he was in favor of annexing the subject properties that are on this meeting's agenda but was not in favor of the proposed zoni ng for the properties because at least one of the properties separates two residential pieces of property; and since th ere was a considerable amount of unused in- dustrial land within the City of Englewood already, he did not want to see any more industrially zoned property in the City until it utilized what presently exists. Councilman Mann stated he was in favor of zoning the pro perties I-1 because this was the only way in which the pro-perty c ould be annexed to the City. Upo n a call of the roll, the vote resulted as follows: yes : Council Members Clayton, Williams, Weber, Mann . Nays : Council Member Smith. Absent : Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carried . * * * * * * • 0 I • • October 2, 1 978 Page 9 • • • COUNCILMAN WILLIAMS MOVED TO SET THE PUBLIC HEARING ON THE ABOVEMENTIONED BILL FOR AN ORDINANCE ON ZONING FOR OCTOBER 23, 1978, AT 7:00 P.M. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Council decided to pass over the next agenda items (bills concerning annexation and zoning of property located at 1485 West Tufts Avenue) until later on in the meeting. Council requested the City Attorney to clarify the exact location description of the land to be dedicated. 0 * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ANNEXING 2.232 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED , TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. City Attorney Berardini stated the bill refers to pro-perty located at 1600 West Tufts Avenue . COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Williams, Weber, Smith, Mann. Nays: None. Absent : Council Members Harper, Taylor . The Mayor Pro Tern declared the motion carried, * * * * * * • I • • October 2 , 1978 Page 10 • • .. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT. City Attorney Berardini stated this bill refers to the zoning of property located at 1600 West Tu fts Avenue. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET THE PUBLIC HEARING DATE FOR OCTOBER 23, 1978 AT 7:00 P.M. Councilman Wi lliams seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Mann. Council Member Smith. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCI~MAN SMITH A BILL FOR AN ORDINANCE AUTH ORI ZI NG THE TRANSFER OF A CERTAIN PARCEL OF REAL PROPERTY LOCATED IN GRAND COUNTY CONSISTING OF 5.60 ACRES TO CER- TAIN INDIVIDUALS AS A RESULT OF A DETERMINATION THAT CERTAIN IM-PROVEMENTS WERE NOT REQUIRED TO BE MADE. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING . Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harp er, Taylor . The Mayor Pro Tern declared the motion carried . * * * * * * • I • • ( • Octobe r 2, 197 8 Page 11 .. • • • INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING A DOWNTOWN DEVELOPMENT AUTHORITY IN THE CITY OF ENGLEWOOD, AND APPOINTING THE BOARD THEREOF. City Attorney Berardini suggested that since Council has not yet selected people to serve on the Board, the wording under Section 4 be deleted and changed to read as follows: "Section 4 . That duly qualified persons to serve as members of the Board of said Authority shall be appointed by resolution to be approved and adopted by City Council on October 16, 1978 and the terms of office established therein." City Attorney Berardini also suggested that the title of the bill be changed to comply with the changes in Section 4 and to read as follows: "AN ORDINANCE CREATING AND ESTABLISHING A DOWNTOWN DEVELOPMENT AUTHORITY IN THE CITY OF ENGLEWOOD, COLORADO, AND THE BOARD THEREOF TO BE APPOINTED BY RESOLUTION HEREAFTER DULY ADOPTED." COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING WITH THE SUGGESTED CHANGES MADE. Coun- cilman Weber seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AMENDING SUB-SECTION (6), SECTION 17 (a), OF CHAPTER 4, TITLE V, OF THE '69 E.M.C. BY CHANGING VETERANS HOLIDAY FROM THE FOURTH MONDAY IN OCTOBER TO NOVEMBER 11 OF EACH YEAR • • 0 I • • • October 2, 1978 Page 12 • • • Cit y Attorney Berardini stated he received a memorandum indicating the or dinanc e become effective this year and advis e d Council to add an emergency clause if agreed upon to effect the ordinance p~ior to November 11th . City Attorney Berardini stated t he emergency clause would only appl y if th e ordinance passed unamio usly with al l members p rese nt. COUNCILMAN SMITH MOVED TO PASS TH E BILL FOR AN ORDINANCE INC LUDI NG IN THE BILL THE ADD IT ION OF AN EMERGENCY CLAUSE. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote res ulted as foll ows: Ayes : Nays : Absent : Council Members Clayt on, Williams, Weber, Smith, Mann. None . Council Members Harper , Taylor. The Mayor Pro Tern declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL mR AN ORDIN ANC E APPROVING AN AGRE EMENT ALLOWING THE CITY OF ENGLEWOOD, COLORAD O TO USE LANDS AND IMPROVEMENTS COMMONLY KNOWN AS DUNCAN SCHOOL OWNED BY SCHOOL DIST:RICT #1 OF ARAPAHOE COUNTY AND PROVIDING FOR THE TERMS OF THE SAID USE. COU NCI LMA N WILLIAMS MOVED TO PASS THE BILL FOR AN ORDI- NANCE ON FIRS T REA DING. Counc i lman Web er seconded the motion . I pon a call of the roll , th e vote resu lted as follows : Ayes : ys : Absent: Co uncil Memb ers Clayton, Williams, Weber, Smith, Mann. None. Cou ncil Members Harper , Taylo r. The Mayor Pro Tern dec lared the motion carried. * * * * * * RFSOLUTlON NO. 55, SERIES OF 1978 A RESOLUTION APPROVING A CONTRACT BETWEEN THE CI TY OF ENG LE WOOD AND THE PUBLI C SE RVICE COMPANY FOR DUMPING FI Y A~H AT THE F:NG LE \1000 MUN [ C:1P AL GOLF I~OU RSE. • I> I • ( • October 2, 1978 Page 13 • • • City Attorney Berardini suggested the re-drafted con- tract be reviewed and approved by the City Council of the City of Sheridan before any further action is taken. The City Attorney requested the resolution approving the contract be postponed until the next regular Council meeting on October 16, 1978. COUNCILMAN SMITH MOVED TO POSTPONE CONSIDERATION OF THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING ON OCTOBER 16, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Mann. None. Council Members Harper, Taylor. The Mayor Pro Tern declar~d the motion carried. * * * * * * City Manager McCown transmitted a list of letters that have been received from citizens interested in serving on boards and commissions of the City. City Manager McCown stated this information was for Council's consideration in filling the Plan- ning and Zoning Commission Chairman vacancy. * * * * * * Mayor Pro Tern Mann declared a recess at 9 :10p.m. The Council reconvened at 9:15p.m. Mayor Pro Tern Mann called the meeting to order. * * * * * * City Manager McCown reported a loading zone sign has been ordered to be placed in front of the First Baptist Church. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE ANNEXING 2.50 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. City Attorney Berardini stated this bill refers to pro-perty located at 1485 West Tufts Avenue • • Q D I • October 2, 1978 Page 14 • • • a City Attorney Berardini clarified the confusion created earlier in the meeti ng when this bill came befo re Counc i l. City Attorney Berardini stated even though the wording used by the Com- mu nity Devel opm ent Department Director was different than his, the i nterpr etation of the location of the area to be dedicated was one and the same . COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as fo llows: Ayes: Nays : Absent : Council Members Clayton, Williams, Weber, Smith, Mann. None, Council Members Harper, Taylor. The Mayor Pro Tern de clared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMA N WILLIAMS A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, ST ATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO I -1, LIG HT IN DUSTRIAL DISTRICT. City Attorney Berardini stated this bill refers to the zoning of property located at 1485 West Tufts Avenue, COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING . Councilman Clayton seconded the motion, Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Clayton, Williams, Weber, Mann. Nays: Council Member Smith. Absent : Council Members Harper, Taylor. The Mayor Pro Tern declared the motion carried, * * * * * * COUNCILMAN WILLIAMS MOVED TO SET A PUBLIC HEARING ON THE ABOVEMENTIONED BILL FOR AN ORDINANCE ON ZONING FOR OCTOBER 23, 1978 AT 7 :00P.M. Councilman Weber seconded the motion . Upon a call of the roll, th vote resulted as follows: • I • ( • October 2, 1978 Page 15 Ayes : Nays : Abent: • • • Council Memb ers Clayton, Williams, Weber, Smith, Mann. None . Co uncil Members Harper, Taylor . The Mayor Pro Tern declared the motion carried. * * * * * * Councilman Clayton directed the City Manager to investi- gate the train/traffic problem created for motorists traveling east and west across South Santa Fe to see if anything could be done about regulating the traffic signals in order to give these motorists first preference in moving after the train has passed. City Manager McCown stated he would certainly look into the matter but questioned whe ther anything could be done about the problem since some of the intersections are not in the city limits and some of the signals are installed and main-tained by the state . * * * * * * Councilman Smith stated it has been brought to his attention there is a bike pound in the City and suggested this information be published in the Englewood Citizen. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS 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 Clayton, Williams, Weber, Smith, Mann . None . Cou ncil Members Harper, Taylor. The Mayor Pro Tern declared the motion carried and ad- journed the regular Council meeting at 9 :25 p.m • • I • • ( • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL OCTOBER 2, 1978 ( 7 :3 0P.M. Call to order, invocation by Reverend Roland Andrews, Grace Baptist Church, 4200 South Acoma Street, pledge of allegiance by Boy Scout Troop #1 54, and roll call. l. Minutes. (a) Minutes of the regular meetin g of September 18, ~ 1978. (Copies enclosed.) Minutes of the special meeting of September 25, 1978. (Copies enclosed.) rLt JjYt 2. Pre-Scheduled Visitors. (a) Mrs. Pauline Barlow, Englewood Business and ~ Professional Women's Club, and Mrs. Jackie Moore, Uj ~~ L Englewood Centennial Business and Professional 'i)"t-' ) Women's Club, will be present to accept a pro-J1 ()-C 'c t-1)_t1J..-clamation proclaiming the week of October 15-21, 6 J;." 1978 as "National Business Women's Week." (Copies enclosed.) 3. Other Visitors . 4 . Public Hearing. (a) Ordinance on final reading adopting by refer- ence the 1977 Edition of the "Model Traffic Code for Municipalities;" repealing all ordinances in conflict therewith; and providing penalties for violation thereof . • I • • • ,. • Page 2 October 2, 1978 Agenda 5. Communications -No Action Recommended. (a) Minutes of the Board of Adjustment and Appeals meeting of August 9, 1978. (Copies enclosed.) (b) Minutes of the Denver Regional Council of Governments meeting of August 16, 1978. (Copies enclosed.) (c) Minutes of the Parks and Recreation Commission meeting of September 14, 1978. (Copies enclosed.) (d) Financial Report for the month of August, 1978. (Copies enclosed.) (e) Memorandum from the Director of Public Works to the City Manager concerning traffic problems around K-Mart. (Copies enclosed.) (f) Memorandum from the City Manager to the City Council concerning services to other jurisdictions. (Copies enclosed.) 6. Communications -Action Recommended. Off (a) Jr.J.' J-. (b) (c) (d) /U~jJ (e) ,,};..V (V-J!; ~-!\ ~~ Minutes of the Water and Sewer Board special meeting of September 23, 1978 with a recommenda- tion concerning the inclusion of 13 acres in the Southgate Sanitation District be zoned for commercial use. (Copies enclosed.) Recommendation from the Planning and Zoning Commission meeting of September 19, 1978 concern- ing the findings of facts for 1470 West Tufts. (Copies enclosed.) Recommendation from the Plannning and Zoning Commission meeting of September 19, 1978 con- cerning the findings of facts for 1485 West Tufts. (Copies enclosed.) Recommendation from the Planning and Zoning Commission meeting of September 19, 1978 con- cerning the findings of facts for 1600 West Tufts. (Copies enclosed.) Memorandum from the Director of Finance to the City Manager concerning an annexation petition for 4535 South Santa Fe Drive . (Copies enclosed.) • I • • • • • - Page 3 October 2, 1978 Agenda 6. Communications-Action Recommended (Continued) . . (f) ~ (g) qw~ Memorandum from the Director of Community Development to the City Manager concerning the Oakley (4693 South Mariposa Drive) Annexation Petition . (Copies enclosed.) Request to reissue a 3.2 license as a result of reincorporation of Encore, Inc., d/b/a The South Door, 5470 South Broadway. (Copies enclosed.) 7. City Attorney. Bills for Ordinances . Bill annexing l. OS acres, more or less, as hereinafter more particularly described and imposing terms and c 0n di tions thereon. (Copies enclosed .) Bill annexing 2.5 0 acres , more or less, as hereinafter more particularly described and imposing terms and conditions thereon. (Copies enclosed.) Bill annexing 2.232 acre s , more or less, as hereinafter more particularly described and imposing terms and conditions thereon. (Copies enclosed.) Bill zoning certain real property annexed to the City of Englewood, I-1, Light Industrial District, reciting a waiver and imposing con- ditions thereon; amending the zoning map in accordance therewith; and providing for the recording of this ordinance. (Copies enclosed.) Bill zoning a newly annexed parcel of land to the City of Englewood from an unzoned classification to I-1, Light Industrial District. (Copies enclosed.) Bill z oning a newly annexed parcel of land to the City of Englewood from an un zoned classi- fication to I-1, Light Industrial District. (Copies enclosed.) Bill authorizing the transfer of a certain parcel of real property located in Grand County consisting of~ acres to certain individuals as a result of~~etermination that certain improvements were not required to be made . (Copies enclosed.) • I • • - • • • • • • Page 4 October 2, 1978 Agenda 7. City Attorney (Continued). . ~(h) [J)~~ Bill creating and establishing a Downtown Development Authority in the City of Engle- wood, and appointing the Board thereof . (Copies enclosed.) ~~;. (\t¥~--U (L) Bill amending Sub-section (6), Section 17 (a), of Chapter 4, Title V, of the 1969 Englewood ~?!);-Municipal Code by changing Veterans Holiday L)' from the fourth Monday in October to November ~ 1r 11 of each year. (Copies enclosed.) ~·~ . (j) Bill concerning an agreement between the Board 1 , l n~-o ua~ of Education and the City of Englewood on UV~ the Duncan School. (Copies to be available ;01-~ ~ at session .) UN ~ Resolutions . (k) Resolution approving a contract between the ~~~ . , /. J --1~ City of Englewood and the Public Service OC w 1 ~~-;lo 1 "kCompany for dumping fly ash at the Englewood ~ ;u ~ Municipal Golf Course. (Copies available at ~ session .) Other Matters . (1) At to rney's Choice . 8. . City Manager. (a) Manager's Choice . ~ 'f 9 . General Di scussion . (a) Mayor's Choice . (b) Councilman's Choice . 10. Adjournment. ()~~ //;.dec~~ ~y C GOWN Ci t Manager • I • • • • • Moved Seconded .:---r--:-:-n ··---.--· ''VLr---l!a_y Abstain Absent w~ 1 1?n;<; I w .. .; .... ---_____ j ____ I Sm1IF." · l Harn~r · 1 Clav"t~l Mann · Mayor T~~~br-j · <La y-u. \U l 1- ~~-uv Jn c: r!Au 0fL) jJ w~ U · 6 c:)J~--tn LLv tJ 1 () 1<-" 'u 'f I 3 .<-' -"<-v 7 1-~, I . • • - • • Moved Seconded -,-\4~ f1 ,-?_!1.'. ..weber . ~~ N Ab Ab t s 've a_y sta n sen :~-~--.c~-~ -=±k:::_ Haro~r Clayton Mann _Mayor I i {,/ ·q.-j ~ . -;:---j-fie .. lr v I . . • • • - • • ;'ve Nay Abs t a 1n Absent r -+ ~ I ,, ·-_---~ ~ l v- I ,.__. -a::--1 v --~ ~,}:_._0r j__ ~ jv.- I . . • • - • • Moved Se conded Ab t N Ab t 1 --· 've ~ s a n sen ----:±-~-_l --l v I v--c.J..-.I k-" --Lk:::... ~--0!_j_ ..JL"" • • I . • • - • • Moved Seconded l~ilTl?ms·· v -~ s-m1 tr. / Harne_r v Clavton Mann Mayor T~.}~l- 'l..e~ay Abstain Absent f~ I I v- t..--_v .i ~ -1..-.---nr ~ ----~~:f:J~~ /0 ~~ dJ I --~------------ I . . • • • • • ··----· ay Abstain Absent ~---+ ~ve N l I _l:.p I _j_ 1::..::.!:~- ~. ~~ X t J;ta'Lc__.0 olc!l s S ~Ci~ ..p:-c__g 'rr~~u 30(p 1 s )~-x ~ -fv I • ,V -<V~~ J{A ~1-o <i-cxkJ Ui M ~a_, I Li.;.Q YuJ ~~V.J'v<-~ cl Y) . J n t..Vt.t&.--tvrv ..--1 }~ MCAY>ci • • • • • • "' ed s d d 1\ N OY econ e ve ay sta n sen ..........-\~i ll m ;s·· --_=.t v-Ab Ab t ....weber l v- ~IT!!Q. I v- Haroe_r I c.---t...---" C 1 ayton 'f-' I v- ManiJ_ --Lk::: May or T ~):_1 .!!.!:_L_ L-- I . • • • • • ~OL!.. CALL Moved Se co nde d 1\ N Ab 1 A · ve ay sta n bsent ? n£---~---1 -I l r j on _<..f-I TJV1--r-_l _ _._::;r I . • • • • - • • Moved ?~!i:..:-~~T · ve lay Abstain Absent ~-r on ~ laV!or _L_ ~ __ or _L_ • I . • • • • • • ROLL CALL Moved Seconded Williams Aye Nay Abstafn Absent -w .. h4~ Smrtn Harol'!r Clavton 'f Mann Mayor Tav_1or I . • • • • ROLL CALL M ed S d d A Na Ab ta1 ov econ e l.}'e I}' s n sen Willfams v-v ~r v- Ab t _;)!Qltn ~ Haroer I..--~ CliU'_ton ~ ..1:::::_ Mann v- .!!!}'_Or _!~_1 or ~ I . • • .../ • • • ROLL CALL H oved Seconded Ave Nay Absta 1n Absent l7 Wi 11 iams v w .. h .. r ~ ;:,nr :n ~ ~Harner 7-- t-/ Clavton <..j...-' 1/" Mann v lfavor Tav_:J~or ~ -/Fd,~ ~/YL~r ;u~J (/0 z/ ~~J • • I . . • • • -• • - ROLL CALL Moved Seconded Ave Nav Abstain Absent Williams w .. h .... _:~m1 tn lh" .. n .... Clavton 1.\--' Mann ""P.'ayor Taylor ll~ ')') --if J..' {Ubfi1 t1uL Gk ~r1 vC./1 L o1'U)J>WMI:u"'---S~:._ UATU.J. I . . • • • • • ROLL CALL Hoved S nd d eco e Ave Nay Abstafn Absent _v Williams p WPho>r },-- :lll11tl1 v--- HG..roer '---.....--Clayton q.., _,__ Mann .v- Mayor Tay_lor ~ • ---- I . . • • • • • ROLL CALL Hoved Seconded Williams Aye Nay Abstain Absent 1...--V" w .. ~r 1..--,., Slnftn ~ ll'lroo>r ,___ Clavton ~ 1---Mann v 1-1aYor Tay_:J_or ~ (; b,c) d . . z-~~~~~ I . . • • • - • • ROLL CALL Moved sec d d on e Ave Nav Abstain Absent Wi 111ams // ~ ~ .. ,__ smltn -Harol!r }_...-- ~ Clavton .y v Mann 1/ -,.ra:vor Ta ylor ~ • • I . • • • • • - ROLL CALL "' ed s d d OY econ e A we N ay Ab sta n Ab t sen Williams v ....-WPhPr ~ ;)l!lltll v- Haroer ~ ..___.. Clayton ...,. L/ Mann v Mayor Tay_Jor v- I . . • • • • '. • ROLL CALL Moved Seconded Ave v Williams Nav Absta fn Absent v--- l.,.;"' ..... h .. ~ v-Sm1tn ~/"' Haro@r Clavton 4-'-"" L - Mann v--Mavor Tay}cr £.,..---- I . • • • • -• • ROLL CALL Moved-Seconded Ave Nav Absta1n Absent v Wi 111ams 1/ (..../" .., .. h .. ~ v- 5m1th v Haroer v Clavton L+-' v Mann v Mayor Tav_J or v YL~ ?LJI-J..-ru.J c}A cuuu>lJ fa )l_~/ ;;J-1 o (,J_)~w? ~F . A. a&~< /II w 7_)24.; -----. I . • • • - • • ROLL CALL Moved Seco d d ....... n e Ave Nav Abstafn Williams v Absent '-""" w .. h;; v- smttn • ~ W"Arn'!r Clavton <...~---c..-- L-- Mann 1---Mavor Taylor ~ I . • • • - • • ROLL CALL Moved sec d d on e Ave Nav Abstafn Absent I I./ Williams I./" v ..... h .. ~ 1._.,.-- Slll1t'n J.,;" Harol!!r 1..-- Clavton ·u;. ,,..... Mann ,_. Tayor Tay_J or ~~ fld, r~ h.uf rm @d ,A J rm ~1 :00(f '"' • I . • • • • - • - I - ROLL CALl "' eel s d d ov econ e ~e <!l. s n sen Wfntams ..webru- A Ab taf N Ab t 2."!.!!_11 _.H4l:Qer Cl~ton .Jk_ Mann l'!_ayor _!a ,y_~cr 7/o , I . • • • • - • - ROLL CALL Moved Seco d d n e Ave Nav Abstain Absent v Williams v- w .. h .... v Slnltll I.,/ H;ornPr v- LF Clavton i..f--1/' Mann v --r-favor Tav_I or L--- 16 r0 fY\~ ~(J ~,;t:-, j (pO{l We<IJ. ~ U • I . • • • • • • RO LL CALL Moved s d econ ed Ave Nav Abstain Absent (....-Williams v-- ~ ... v ~ft n p.. .....-- HaroPr ,_ L/ Clavton r+-v Mann ,__.. ""Po"ayor Ta yler ,_...,- I . • • • - • • - ROLL CALL M ed S ov d d econ e A we N av Ab sta n Ab sent Will hms ,.,.......- v WPbPr v v :lmltn ,._- Haroer L--- Clayton 4---v Mann ,_.......-- Mayor Tay] or v , • I . • • • - • • • • •' • ROLL CALL Moved Second d e Ave Nav Abstain Absent 1/ Wi l11ams v ,___ w .. h .. r v !)1!11tn L-- Harn,.r v Clavton 4-V' Mann lllayor iay]or v v 1 'A. r m ~ ('~'~ w j cli..t~ ~crun L 4 c1L.&-1f._~ • 0 I . • • • • ROLL CALL Moved S d d econ e A we Nay_ Absta1n Absent Williams ~ Wtmel"_ ,._ v-sm1tn ~ Haroer 1/- I/ Clavton w ,........- Mann /.,/' -p,ayor Ta y] or v--- y ~yytl /L Y"''-(f ei a-u .,_,__ m f"'-'t} < JL16-d!A~1J 0 I . • • • • • ROLL CALL ed s d Hov econde Aye Nay Absta fn sent L---Willfams v c...---w .. h-;;-r ~ ~nl!_tn ~ _Harol!r- Ab ~ Cl~ton cl..---,___.;:: Mann 7 v?' Mayor Ta y_lor _v- I . • • • - • .. • ROLL CALL Moved Seconded Williams Ave Nav Abstain Absent t..-- l.l .. h .... L-- L---Sm1th L--- Harn<>r (.....---Clavton U- ~ (......-' Mann ,.... Ma:Yor Tay_lor t....-- 1 "-A. I . • • • • - • • - ROLL CALL Moved Seconded Williams Ave Nav Abstain Absent w .. h~ .. 5m1 n HaroPr Clavton Mann --r-layoriay__lor Ob1 JJrYJAU.dL & uu~-· __j!pj;J '1 ft_til LO ~I P J J 0J'nn> Ch--u ·~ ')!LO 0( "fU~ q:;O I . • • • • • • ROLL CALL H ed S d d A N Ab taf Ab t ov econ e \Ye ay s n sen Wi 11111ms W!!bf'r _:>ml tn ____IW:Qer Clayton Mann _!!!lor _1_ ay_1or I . • • • • - ROLL CALL Moved Seconded Ave Nav Abstain Absent Williams WAh"r Snlftn Haroer Clavton Mann Mayor Ta yJ or I . . • • • • • Moved J Ave Seconded Absent Nay Abstain I -I w111 illms I ::::-~ Et::::::tl======ji[~M~.~~tY'Q!___·,_~__.ay_.~!:_. ~?~i[±l~=it==:JT==----~--~--- I . • • • • - • • ROLL CALL Moved Second~d Ave Nav Abstain Abs~nt ... Williams v ............ v smffn , ~--F Harol'r ~ L--Clavton .._J..; v Mann 1/ Mayor Tay]or v- 0 I . • • • • • - • • ROLL CALL Moved Seconded Abstain Absent I . • • • • • ~------- ROLL CALL Moved Seconded Ave Nav Abstain Absent Wi l1111ms w,.h,.r :illl1th Harnll'r Clavton Mann Mayor Tay_l or I . • • • • • • ROLL CALL Moved Second d e Ave Nav Abstain Absent Wi l11ams w .. h .. r !>lllttn Harn .. r Clavton Mann "lfayor TayJor I . • ...... 0 ( • REGULAR MEETING: • • .. COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 18, 1978 l A The City Council of the City o f En glewood , Ar apahoe County, Colorado, met in regular session on September 18 , 1978 at 7 :30 p.m . Mayor Taylor , presiding, call e d the meeting to order . The invocation was given by City Manager McCown. The Pledge of Allegiance was led by Cobra Patro l Boy Scout Troop 692. Mayor Taylor asked for roll call. Upon a call of the roll, the following were pres e nt: Council Members Web er, Smith, Harp e r , Clayton , Mann, Taylor . Abs e nt : Council Member Williams. The Mayor declar e d a quorum present. * * * * * * Also present were : City Manager McCo wn Assistant Ci t y Manager Curnes City Attorney Berard ini Deput y 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 • • • che motion. Upon a call of the roll , the vote resulted as f ollows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor . Non . 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 v ot e r es ulted as fol- lows: Ayes : Nays: Absent : Council Membe rs Harper , Clayton, Mann, Weber, Smith, Taylor. None . Council Member Williams . The Mayor declar ed the mo tion c a rried. * * * * * * Ma yor Taylor stated there we r e no pre -scheduled visitors on the agenda. * * * * * * Mayor Taylor asked if there were any other visitors wish- i n g to speak to Council o n any subject. No one r esp ond e d. * * * * * * 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-l AND I-2 IN DUST RIA L DI STRICTS OF THE CITY OF ENGLEWOOD . Councilman Mann seconded the motion . Upon a call of the roll, the vote r e sult ed as fo llows : Ay es: Nays: Council Members Harp er, Clayt on, Mann, Weber, Smith, Taylor. None . I • • .J ( • Septemb e r 18 , 19 78 Page 3 Absent : • • • Council Member Wi l liams. The Mayor declared the motion carried. City Manag e r McCown explained that Director o f Community Development Wanu s h was called away suddenly on a family em e rgency and would not be able to make a presentation on this ordinance. Counc il d i s c us se d th e ordinanc e a f ter th ey agr ee d mos t o f the me mbers we r e f amil i ar with th e matter. Mayor Taylor asked if anyon e in the audience wished to speak in favor o f the ordinanc e . No one r e sponded. Mayor Taylor asked i f anyone in the audience wished to speak against the ord i nanc e . No one r e sponded. COUNCILMAN MANN MOVED TO CLO SE THE PUBLIC HEARING. Councilma n Harper second e d th e mot i on. Upon a call of th e r oll , th e vot e r e sulted as f ollows : Ayes : Nays : Ab s e n t: Council Me mb e rs Harper, Clayton , Mann, We b e r, Smith , Taylor . Non e . Council Me mber Wi l l iams. The Mayor d ecla r e d the motion c a rri e d. * * * * * * INTRODUCED AS A BILL BY COUNCIL MAN MA NN BY AUT HO RIT Y 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 OPERATION S WITHIN THE I-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD , COLORADO . COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 22, SE RIES 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 , Taylo r. None . I • .. • • • September 18, 1978 Page 4 Absent: Council Member Williams. The Mayor declared the motio n carried. "Communications -No Action Recommended" on the agenda wer recei ved: (a) (b) Minutes of th Planning and Zoning Commissi on meeting of July 18, July 25, and August l, 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 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, Clayton, 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 :00 p.m. f or b er, wine and liq uor for St . Louis Home and School, 3301/ 3310 South Sherman Street. City Manager McCown stated a public hearing will have to be scheduled be f ore 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, Clayt on, Mann, Weber, Smith, Taylor . None. • I • • Septemb e r 18 , 1978 Page 5 Abs e n t : • • • Council Memb e r Wi lliams . Th e May or declar e d th e motion carri e d. * * * * * * City Manager McCown presented a request for a chang e of ownership o f Encor e , Inc ., d/b/a The South Door , 5470 South Broadway . City Attorney Berardini stated the matter se e ms n e bulo us and requested additional time to study th e requ e st. Cit y Attorne y Berardini stated if additional time is grant e d he would subm i t a full report at the October 2nd Council mee ting. COUNCILMAN CLAYTON MOVED THAT THE MATTER CONCERNING TH E TRANSFER OF LICENSE FOR ENCORE , INC. D/B/A THE SOUTH DOOR BE RE- SCHEDULED FOR NEXT REGULAR COUNCIL ME ETING. Councilman Sm i th seconded the motion. Larry Duncan, one o f the principal owners o f Encore , Inc., appeared before Council at the request o f Mayor Taylor. Mr. Duncan stated the own e rship change involves changing the state of corporation from Delaware to Colorado. The State of Colorado was noti f ied of this change at the last licens e renewal earlier this year and has now decided that this was not adequate and that a new licens e must be issued . The S tat e Liquor Division understands that all the same people are involve d. Upon a call o f th e roll , the v ot e r e sulted as follows: Ay e s : Nays: Ab s ent: Coun cil Mem b ers Ha rp e r , Cl a yton, Ma nn, Webe r , Smith, Taylor . None . Council Member Williams . The Mayor declared th e motion carried . * * * * * * City Manager McCown presented a request for the addi- tion of a new stockholder/director by the n ame of Vincent Siano, 34% owner of stock at the Belleview Bowl-0-Mat Lounge, Inc., 4 9 0 0 South Federal Boulevard . COUNCILMAN MANN MOVED TO APPROVE THE REQUEST FOR THE STOCK TRANSFER FOR BELLEVIEW BOWL-0-MAT LOUNGE . Councilman • I • • - • • Se pt emb er 18, 19 78 Page 6 • • • We b e r secon de d th e mot ion. Up on a call of the ro ll, the vote r e sulted as fo llows: Ayes: Na y s : Absent : Coun cil Members Harper, Clayt on, Mann, We b e r , Smit h , Taylo r. Non e . Counc il Membe r Williams . Th e Mayor d e c la r ed the motion ca rr ied. * * * * * * City Ma n age r HcCown presented r ecomm endations f rom the Planning an d Zon i n g Commission meetin g of Se ptember 6, 1978 con- c e rn i n g zon i n g design ations of certain sites that are not yet a part o f th e City . The sites involved a r e 14 70 We st Tufts Avenue, 1485 West Tufts Avenue a n d 1600 West Tufts Avenu e . City Hanager HcC o wn stated the recommendation f or all t h ree a r e for I-1, Light Industr ial z on ing . Th e a nn exation of each sit e i s being request e d b y each proper ty own e r as well . COUNCILMAN SM I TH HOVE D TO DI RECT THE CITY ATTORNEY TO PREPARE ORDINANCES FOR PO SS I BLE ZONING DESIG NATION AND ORDINANC ES FOR POSSIBLE ANNEXATIO N OF TH E FOLLOWING PROP ERTIES -1470 WES T TUFTS AVENUE , 1485 WES T TUFTS AVENUE AN D 1 600 WEST TUFTS AVENUE - AND THAT TH EY BROUGHT TO COUNCIL ON OCTOBE R 2, 1978. Councilman Ha nn se c o nd e d th e moti on . Upon a call of the r o ll, the vote r e - su lted a s fo llows: Ayes : Cou n cil Hembers Harper, Cl ayton , Mann, We b e r , Smith, Taylor . Nays : Non e . Absent : Council Memb e r Williams . Th e Mayor declared the motion carried . * * * >'< * * Ci t y Mana g er McCown presented a recomme n dation f r om the Planning and Zoning Commi 3 sion meeting of Septemb er 6, 1978 con- cern i ng a subdivision plat filed by Belo k es Limi t e d Par t n e rship and Burt D velopment Company . City Ma n ager McCown stat e d the a p pli - cants we re in the audience should Council decide t o go ah ead a nd hear their pr sentation even though Director Communi ty Development Wanush was abs nt . City Manager McCown stated Di r ec tor Wanush has indicated th e re are some problems with this p lat a nd h as re- qu e sted Counci l 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 :2 0 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 Page 8 Absent: • • • Council Members Williams, Weber . Mayor Taylor stated that Councilman Weber was ill and had to l eave the meeting . *''**** Director of Community Development Wanush presented an en croachm ent request from Mr. and Mrs . Keith Sasina, 4190 South Bannock Street to construct a fence on a corner lot and partially in the City right-of-way. COUNCILMAN S liTH ~lOVED THE ENCROACHMENT REQUEST FOR 4190 SOUTH BANNO CK STREET BE GRANTED . Councilman Harper seconded the motion. Upon a call of the roll, th vote resulted as follows: Ayes: Nays: Abst ain: Absent : Council Members Harper, Clayton, Smith, Taylor . None . Council Member Man n. Council Members Williams, Weber . The Mayor declared the motion carried . Councilman Mann stated he chose to abs tain because the property belonged to his daughter . * * * * * * City Manager lcCown presented a memorandum from the Chairman of th"' Audit Selection Committ e , Councilman David Clayton, concerning the selection of an auditing firm for the 1978 audit. Councilman Clay on stated the Committee recommends Peat, Marwick, Mitchell & Company as the auditing firm 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 FOR COUNCIL APPROVAL. Councilman Smith seconded th motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council M mbers 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 Mun i - 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 Members Harper, Clayton, Mann, Smith, Taylor. None . Council Members Williams, Weber. Th e Mayor declared the motion carried. * * * * * * INTR ODU CED 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 th e roll, the vote resulted as follows: Ayes : Counc i l Members Harper, Clayton, Mann, Smith , Taylor • • I • • ) • September 18, 1978 Page 10 Nays : Absent: • • - None. Council Members Williams, Weber . The Mayor declared the motion carried . *t'*'''** 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: 1) a minimum of 110,000 cubic yards of fly ash per year would be delivered to the site; and 2 ) the Public Se rv ice Company or its contractors shall comply with all police and tra ffi c regulations of the City of Sheridan and cooperate with the City of Sheridan in the timely del ive r ies . City Attorney stated the specified amount of fly as h would insu r e a certain revenue fo r Englewood and the comp l ian ce with the police and traffic regulations and the timely d eliver ies would insure proper t r affic flow during the peak r us h h o ur s . Ci t y Attorney offered to r edraft the agr ee me nt in conjun ction wit h the Public Servic Company should Counc il decide the two provisions are nec essary . Council discussed the agree ment and the need to further research th terms of the agreement. COUNCILMAN SMII'H MOVED TO PASS RESOLUTION NO . 55, SERIES OF 1978 WITH THE FOLLOWING AMENDMENTS: l) ADD TO PARAGRAPH f/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 85'7. 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 CIT Y OF SHERIDAN AS POSTED AT THE ENTRANCE OF THE DUMPING SITE." Councilman Mann seconded th motion . At the request of Council, James Chambe rs, District Manager Public S rvi ce Company, 3470 South Broadway, ap p ear ed before Coun- cil . Mr. Chambers stated he thought the provisions were too speci- I • • , - ) • Se pt emb e r 18 , 1 978 Page 11 • • • fi e unl e ss th e y includ e d wording such as, "prohibited by acts of God , f lood , famine, e tc." Mr. Chambers suggested that Counc i l tabl e the matte r until he can discuss it further with the City At torney. 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 v ote r e sulted as f ollows : Ayes : Nays : Absent : Council Members Harper, Clayton , Mann, Smith, Taylor. None. Council Members Williams , Weber. The Ma yor decla r e d the motion carri ed. COUNCILMAN SMITH MOVED TO ALLOW THE STAFF TO NEGOTIATE AN INTERIM CONTRACT THAT WOULD BE VALID WITH THE PUBLIC SERVIC E COMPANY BETWEEN NOW AND OCTOBER 2, 1978 TO DUMP FLY ASH AT THE S I TE IN QUESTION. Councilman Harp e r seconded th e mot i on. Upon a call o f th e roll , the vot e r e su l t e d a s f ollows : Ay es : Nays : Absent : Counci l Memb e rs Har pe r , Cl a yt on, Ma nn, Smi t h , Ta y l o r. 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 En glewoo d. City Attor- ney Berardini transmitted copies of ordinance s p a ss ed by the Cities of Littleton and Denver controlling general train regu lation s for Council to review and discuss further at a st ud y 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 • • • Septemb~r 18, 197 8 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 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 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 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 declared the motio n 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 th e Urban Drainage and Flood Control District has determined the construction costs to be $12,648.73 and requested Council's approval to make this expenditu re now and reflect it later in the six-quarter budg et . COUNCI LMAN CLAYTON MOVED TO AUTHORIZE THE CITY STAFF TO PARTICIPATE IN THE HOLLY DAM FOR THE LESSER AMOUNT REQUESTED • I • • • September 18, 1978 Pag e 13 • • • BY THE DISTRICT. Councilman Mann second e d the motion. Upon a call of the roll, the vote resulted as f o l lows: Ayes : Nays : Abs e nt : Council Members Harper, Clayton, Mann, Smith, Taylor. None. Counc i l Memb e r s 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 PAS S RE SOLU TION NO. 56, SERIES OF 1978. Councilman Harper s e cond e d t he mo tion. Upon a call of the roll, the vote resulted a s f ollows: Ayes: Nays: Absent : Council Members Harper, Clayton, Mann, Smith , Taylor. None. Counc i l Members Wi lliams, Weber. Th e Ma y or declar e d t he motion carr ied. * * * * * * City Manager McCown discus sed 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 mot on carried. * * * * * * • I • • - ) • September 18, 1978 Page 14 • • • COUNCILMAN MANN MOVED TO ACCEPT THE PROCLAMATION DECLARING OCTOBER 16 -21, 1978 AS "LEAGUE OF W0t-1EN VOTERS OF ARAPAHOE COUNTY WEEK". Councilman Smith seconded th e 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 Committ ee fo r 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 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 th e 41st National Convention of Girl Scouts of America on Octob er 22, 1978 . * * * * * * Councilman Smith requested the City Manag e r 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 Jon es , 5020 South Washington, appeared before Council and as ked about the composition of fly ash . • I • • Septemb e r 18, 1978 Page 1 5 • • • City Attorney Berardini and Council explained the fly a s h was composed of the industrial waste from coal and coke. Tri-County Health has recommended the material to be an exc e l- 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 gras s . * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN MANN MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Smith seconded t he mo tion. 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 declare d t he motion carried and adjourne d the meeting at 9 :55 p.m. D puty City C e r k ' c • I . • SPECIAL MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 25, 1978 l b The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on September 25, 1978 at 7 :30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman David Clayton. The Pledge of Allegiance was led by Mayor 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 City Attorney Berardini Director of Finance/ex officio City Clerk Jame s Deputy City Clerk Watkins * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER THE 1979 PROPOSED BUDGET. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Deputy Clerk Watkins stated the dates of publication for the notice of this public hearing were September 6, 1978 and September 13, 1978 • • I • • September 25, 1978 Page 2 • • • It was noted that two people besides the Council members and City staff were in attendance at this hearing. City Manager McCown stated the proposed 1979 budget is a $25 million budget which is an increase of $9 million over 1978; b u t the increase is for the water program ·and sewer plant. City Manager McCown stated the budget calls for the following 1) a substantial transfer of funds into the Public Improvement Fund; 2) a reduction in the mill levy from 7 mills to 6 mills; and 3) an increase in golf fees for the golf course. Otherwise, the City Manager stated the budget is a status quo budget . Mayor Taylor asked if anyone present would like to speak on the budget. Ethyl Kelly, 3159 South University, ap?eared before Council. Mrs. Kelly queried the Council on the ~9 million increase over 1978's budget. City Manager McCown explained the City sold bonds last year in the amount of $6.4 million for a water improvement program which has to be appropriated in this budget. He further explained the additional increase is for the expansion of Phase II of the sewer plant and it is also necessary to appropriate these funds in the 1979 proposed budget. Mayor Taylor asked if there was anyone else wishing to speak on the budget. No one responded. COUNCILMAN HARPER 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 Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE SPECIAL MEET- ING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. I • - ) ( • • September 25, 1978 Page 3 Nays : ,. None. • • • The Mayor declared the motion carried and adjourned the Special Council meeting at 7 :47 p.m . D~Clerk • I • • ( • • • • 2 A P R 0 C L A M A T I 0 N WH ERE AS, the Englewood Business and Professional Women 's Club and the Englewood Ce ntennial Business and Professional Wo me n's Club strive to e leva t e th e standards for wome n in busi ness a n d in their professions, as well as to promote t he interest of business and professional women; and WHEREAS, the Clubs strive to bring about a spirit of cooperation among business a nd professional wo men of the Unite d States, and extend opportunities to bus i ness and professional women through education along the lines of industrial, scientific and vocational activities; and WHEREAS, working women of th e United States c omprise 4 1% of the employed population of this co untry , and contribute subs tantially to a sound working st ru c ture of our nation; and WHEREAS, i t is the desire of this Council to honor America's working women who are de voting their time, talents, and e nergy to ass ist other women achieve the recognition and r espect they deserve in the business world; NOW, TH ERE FORE , I, JAMES L. TAYLOR, Mayor of the City of Engl~wood, Colorado, do htreby proclaim th e week of October 15-21, 197 8, as NATIONAL BUSINESS WOME N'S WEEK in the City of Englewood, Colorado, and urge all citizens to join in the observance by giving their support to the Club s , their members, and the working women of this community , not only during this we e k, but through the we e k s that follow . GIVEN under my IIANil and SEAL this 2nd uav of Oc t obe r, 1978. • 0 I . • I . • • • I . I . • I . • ) • I . ) • - I . . • • I . . • • • • I NTRO DUCE D AS A BILL BY COUNCILMAN CLAYTON . BY AU THORITY ORDINANCE NO. ~~, SERI ES OF 1978 AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF . BE IT ORDAINED BY THE CITY COUNCIL, THE CITY OF ENGLEWOOD, COLORADO, as follows: 4 A Section 1. That Chapter 1, Title XIV of the 1969 Englewood Mun~c~pal Code is hereby repealed and readopted with amendments as follows: 14-l-1: ADOPTION MODE L TRAFFIC CODE COLORADO MUNICIPALITIES -1977. (a) Pursuant t o Section 44, Article V of the Englewood Home Rule Charter, and Title 31, Article 16, parts 1 and 2, C.R.S. 1973, as amended, there is hereby adopted by reference Articles I to XXVI, inclusive of the 1977 Edition of the "Model Traff i c Code for Colorado Municipalities", promulgated and published as such by the State Department of Highways, 4201 East Arkansas Avenue , Denver, Colorado 80222. The subject matter of the Model Traffic Code r e late s primarily to c omprehen sive t raf fic control reg u lat i ons f or the city . The p urpos e of t h is Ord inance and t h e Code adopted herei n i s t o p r ovide a system of traffic regulation con s istent with state law and generally conform- ing to similar regulations throughout the state and nation. Three (3) copies of the Model Traffic Code adopted herein are now filed in the office of the Director of Finance ex officio City Clerk of the City of Englewood and may be inspected during regular business hours. The 1977 edition of t h e Model Traffic Code is adopt e d as set out at length to save and accept the fol lowing articles and/or s ections which are declared to be i napplicable to this municipality and are therefore, expressly deleted: (1) Article XXVI; (2) Section 23-8 of Article XXIII • • I • • • • • - (b) Whenever any prov~s~on of the Model Traffic Code makes reference to any of the provisions thereof appearing in those portions of the Model Traffic Code set forth in sub-section (2), (1) and (2), hereof, the same shall be taken to refer to the substituted provisions therefor, if any, contained within this title. · 14-2-1: CLERK TO KEEP COPIES OF MODEL TRAFFIC CODE The City Clerk shall maintain a reasonable supply of copies of the said Model Traffic Code, which copies shall be available for purchase by the public at a price not to exceed $2.00 per copy . Section 2. That Chapter 2, Title XIV, of the 1969 Englewood Mun~cipal Code is hereby repealed and a new Chapter 2 is hereby adopted adopted to read as follows: CHAPTER 2 MODIFICATION TO ,MODE~ TRAFFIC CODE TRAFFIC RULES 14-2-1: OFFICE OF THE TRAFFIC ENGINEER In lieu of the provisions of Section 23-8 of Article XXIII of the Model Traffic Code the following provision is hereby adopted: (a) The office of the Traffic Engineer is hereby established. The Traffic Engineer shall be appointed by the City Manager of this Municipality and shall exercise the powers and duties provided in this code. (b) In the absence of such appointment or at such times as the Traff i c Engineer may be absent from the Municipality or unable to perform his duties, the said duties shall be vested in the Chief of Police or other Municipal officials as determined and authorized by the City Manager. -2- • .... I • • - r ( • • • • 14-2-2 : RESTRICTI ONS ON SPECIAL MOBIL E EQ UIPM ENT , T RAILERS, TRU CKS AND COMMERCIAL VE HI CL ES (a ) It shall be unlawful for the operator or owner o f an automobile transport trailer, moving van, transit -mix-concrete truck, trailer, semitrailer or truck with manufacturer's rated capacity in excess of one and one-half (1-1 /2) tons or spe cial mobile equipment to sto~ stand or park such vehicle or to cause such vehicle to b e stopp e d, s t ood or parked on any street or hig h - way , alley or other public way within t he c ity for a period in excess of (4) hours at any t ime , except when such vehicle is being expedi- tiously loaded or unloaded or such mobile equip- me nt is being used t ·o perform the special opera- tio n s f or which it was designen . (b ) Tank tr uc k s, tank trailers or t.ank semitrailers s h all not p ark upon the streets, alleys or publ i c or private places within the city except when entirely e mpty and the n only for a period not exc e e ding one (1) hou r . No tanks of such vehicles shall be repa i r e d except when completely empty of f l ammable liqu i ds and only after being thoroughly ste amed or washed to remove all ex- plosive va po rs. No t a n k truc k , tank semitrailer or tank traile r u sed for t ran s po rting l i quefied petrole um or g as , whethe r loade d or emp t y, shall be parked or allowe d to rema i n upon the streets, alleys or other public proper ty or upon a ny private pro p e rty with i n the c ity , except wh en actua lly engaged in fil l ing storage ta nk s o r while under r e p air . (c) It shall be unlawful for the operator or owner of any automobile, bus, transport, trailer, moving van, transit-mix concrete truck, trailer semitrailer, truck trailer or truck whose manu- facturer's rated capacity is in excess of three- fourths (3 /4) ton or special mobile equipment, as defined herein, to stop, stand or park such vehicle or to cause such vehicle to be stopped , stood or parked in any residentially zoned area of the city and on any street a d jacen t to said residentially zoned a rea of said city at a n y time, except when such vehicle is being e xpeditio u s ly loaded or u nloaded or such mobile equipme n t is b eing used to perform the special operation for which it was designed, on any street or highway, alley or other public way within the City of Englewood. -3- • • I • • - ( • ( • • • • (d) The te r m or p h rase "s pe cial mob i le equipment " shall, for the p urpose of this chapt er , mean and con sist o f v ehicles, self-propelled or otherwise, de- signed primarily for operation or use on or off the streets and highways and only incidentally use d or moved upon suc h streets or highways. This definition shall include by way of example, but not by way of limitation, snowplows, road- construction or maintenance equipment, ditch- digging or excavating apparatus, well-dr i lling or boring equipment, fire-fighting equipment a nd vehicles designed to transpor t e quipme n t and v ehicles used in connection with or for the repai r and maintenance of construction or mainten ance equipment temporarily or permanently mo unted on such vehicles, provided that such equ i pmen t is transported from yard to j ob, job to job, or job to yard, and equipment pr i ma ri ly des i gned for hoisting,lifting, moving, load ing or digg ing ope rat i ons. Th e forego i n g d efin it ion i s partial and shall not inc lude o the r v e h i cles of u nusua l design, size or shape t hat are d e s i gned primar i ly for purpos e s other than t ransport i n g me rchandis e or passenge r s. 14-2-3: MOTOR VEHICLE NOISE (a) It shall be unlawful for any person to drive or move, or for t he owenr t o cause or know i ngly p e rmit to be driven or moved, within this munic i pality, any mo t or v ehic le wh i ch emits a sound pressure level i n excess o f the dB(A) as hereinafter established. MAXI HUM PERMISSI BLE SOUND PRE SS URE LEVELS Vehicle Class Any vehicle greater than 10 ,000 lbs., manufacturer's gross vehicle weight An y other mo tor vehicles d B(A) at 25 ft. 88 so (b) Noise from a motor vehicle within the p u blic right-of-way shall b e measu red at a distance at least twenty-five (25) feet from the nearest side of the nearest traffic lane being mon itored and at a height of at least four (4) feet a bove the immediate surrounding surface. -4- • I • • ( • • • • 14-2-4: MUFFLERS: PREVENTION OF NOISE 14-2-5: It shall be unlawful for any person to o pe rate, or for the ower to cause or knowingly permit the opera- tion of, a ny ve hicle or combination of vehicles within this municipality, which vehicle is not equipped with an adequate muffler in constant opera- tion and properly maintained to prevent any un- necessary noise, and no such muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that em itted by a muffler of the type originally installed on the vehicle. NOISE LEVELS It shall be unlawful for any person to drive or move, or for the owner to cause knowingly permit the operation of, any motor vehicle having a manufacturer's gross vehicle rating of less than ten thousand (10,000) pounds, except a motorcyc le, within this municipality, which vehicle exceeds ninety-five (95) dB(A} measur ed not less than twenty (20) inches [five hundred eight (508) millimeters) from the exhaust outlet. The measured exhaust system sound level of a stationary vehicle shall be the highest reading obtained during the test, disregarding unrelated peaks due to extrane- ous ambient noise. When there is more than one (1) ex- haust outlet extending from a single muffler, separated by less than twelve (12) inches [three hundred (305) millimeters) , measurements shall not be made on the outlet furthe st from the side of the vehicle. Section 3. That Chapter 3, Title XIV, of the 1969 Englewood Municipal Code is hereby repealed and readopted with amend- ments as follows: CHAPTER 3 APPLICATION, INTERPRETATION, VALIDITY AND PENALTIES 14-3-1: APPLICATION This Ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way, or public place, or public parking area, either within or outside the corporate limits of this municipality, the use of which this municipality, has jurisdiction and authority to regulate. The provi- sions of sections 5-l, 5-2, 5-12, 21-11 and 23-3 of the adopted Model Traffic Code respectively, concerning wreckless driving, careless driving, unauthorized devices, eluding police, and accident investigation shall apply not only to public places and way but also throughout this municipality. -5- • I • • • • • • 14-3-2: INTERPRETATION 14-3-3 14-3-4 This Ord inance shall b e so interpreted and construed as to effec t uate its general purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Articl e and section headings of the ordinance are adopted Model Traffic Code shall not be deemed to govern, J.imit , modify or in any matter effect the scope, mean ing, or extent of the provisions of any article or sect ion thereof. VALIDITY If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not effect the validity of the reMaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance or each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. PENALTIES The following pena lties, herewith set forth in full, shall apply to this ordinance: (a) It is unlawful for any person to violate any of the provisions stated or adopted in this ord inance. (b) Every person convicted of a violation of any provision stated or adopted in this ordinance shall be punished by a fine n ot exceeding three hundred ($300.00) dollars, or by imprisonment not exceeding ninety (90) days, or by both such fine a nd imprisonment . Section 4. Chapt e rs 4, 5, and 6 of Title XIV of the 1969 Englewood Municipal Code are hereby expressly repealed . Introduced, r ead in full and passed on First Reading on the 5th_ day of Septembe r , 1978 . Published as a Bill for an Ordinance on the 6th day of September, 1978. Read by title and passed on final reading on the day of __________ , 1978 . • I • - ( • • • • 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 C1ty Clerk-Treasurer • I . ....... ( • • • .. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON. BY AUTHORITY ORDINANCE NO. _____ , SERIES OF 1978 AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL, THE CITY OF ENGLEWOOD, COLORADO, as follows: • Section 1. That Chapter 1, Title XIV of the 1969 Englewood Munic1paf Code is hereby repealed and readopted with amendments as follows: 14-1-1: ADOPTION MODEL TRAFFIC CODE COLORADO MUNICIPALITIES -1977. • (a) Pursuant to Section 44, Article V of the Englewood Home Rule Charter, and Title 31, Article 16, parts 1 and 2, C.R.S. 1973, as amended, there is hereby adopted by reference Articles I to XXVI, inclusive of the 1977 Edition of the "Model Traffic Code for Colorado Municipalities", promulgated and published as such by the State Department of Highways, 4201 East Arkansas Avenue, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the city. The purpose of this Ordinance and the Code adopted herein is to provide a system of traffic regulation consistent with state law and generally conform- ing to similar regulations throughout the state and nation. Three (3) copies of the Model Traffic Code adopted herein are now filed in the office of the Director of Finance ex officio City Clerk of the City of Englewood and may be inspected during regular business hours . The 1977 edition of the Model Traffic Code is adopted as set out at length to save and accept the following articles and/or sections which are declared to be inapplicable to this municipality and are therefore, expressly deleted: (1) (2) Article XXVI. Section 23-8 of Article XXIII. • I • ( ( • • • • {b) Whenever any provision of the Model Traffic Code makes reference to any of the provisions thereof appearing in those portions of the Model Traffic Code set forth in sub-section {2), {1) and {2), hereof, the same shall be taken to refer to the substituted provisions therefor, if any, contained within this title. 14-2-1: CLERK TO KEEP COPIES OF MODEL TRAFFIC CODE • • The City Clerk shall maintain a reasonable supply of copies of the said Model• Traffic Code, which copies shall be available for purchase by the public at a price not to exceed _ $2.00 per copy. Section 2. That Chapter 2, Title XIV, of the 1969 Englewood Mun~c~pal Code is hereby repealed and a new Chapter 2 is hereby adopted adopted to read as follows: 14-2-1: CHAPTER 2 MODIFICATION TO .MODE~ TRAFF!C CODE TRAFFIC RULES OFFICE OF THE TRAFFIC ENGINEER In lieu of the provisions of Section 23-8 of Article XXIII of the Model Traffic Code the following provision is hereby adopted: {a) The office of the Traffic Engineer is hereby established. The Traffic Engineer shall be appointed by the City Manager of this Municipality and shall exercise the powers and duties provided in this code. {b) In the absence of such appointment or at such times as the Traffic Engineer may be absent from the Municipality or unable to perform his duties, the said duties shall be vested in the Chief of Police or other Municipal officials as determined and authorized by the City Manager. -2- • I • ( • • • .. .. 14-2-2: RESTRICTIONS ON SPECIAL MOBILE EQUIPMENT, TRAILERS, TRUCKS AND COMMERCIAL VEHICLES (a) It shall be unlawful for the operator or owner of an automobile transport trailer, moving van, transit-mix-concrete truck, trailer, semitrailer or truck with manufacturer's rated capacity in excess of one and one-half (1-1/2) tons or special mobile equipment to sto~ stand or park such vehicle or to cause such vehicle to be stopped, stood or parked on any street or high- way, alley or other public way within the city for a period in excess of (4) hours at any time, except when such vehicle is oeing expedi- tiously loaded or unloaded or such mobile equip- ment is being used to perform the special opera- tions for which it was designeo . (b) Tank trucks, tank trailers or tank semitrailers shall not park upon the streets, alleys or public or private places within the city except when entirely empty and then only for a period not exceeding one (1) hour. No tanks of such vehicles shall be repaired except when completely empty of flammable liquids and only after being thoroughly steamed or washed to remove all ex- plosive vapors. No tank truck, tank semitrailer or tank trailer used for transporting liquefied petroleum or gas, whether loaded or empty, shall be parked or allowed to remain upon the streets, alleys or other public property or upon any private property within the city, except when actually engaged in filling storage tanks or while under repair. (c) It shall be unlawful for the operator or owner of any automobile, bus, transport, trailer, moving van, transit-mix concrete truck, trailer semitrailer, truck trailer or truck whose manu- facturer's rated capacity is in excess of three- fourths (3 /4) ton or special mobile equipment, as def i ned herein, to stop, stand or park such vehicle or to cause such vehicle to be stopped, stood or parked in any residentially zoned area of the city and on any street adjacent to said residentially zoned area of said city at any time, except when such vehicle is being expeditiously loaded or unloaded or such mobile equipment is being used to perform the special operation for which it was designed, on any street or highway, alley or other public way wi thin the City of En g lewood. -3- • I • ( • • • • • (d) The term or phrase "special mobile equipment" shall, for the purpose of this chapter, mean and consist of vehicles, self-propelled or otherwise, de- signed primarily for operation or use on or off the streets and highways and only incidentally used or moved upon such streets or highways. This definition shall include by way of example, but not by way of limitation, snowplows, road- construction or maintenance equipment, ditch- digging or excavating apparatus, well-drilling or boring equipment, fire-fighting equipment and vehicles designed to transport equipment and vehicles used in connection with or for the repair and maintenance of construction or maintenance equipment temporarily or permanently mounted on such vehicles, provided that such equipment is transported from yard to job, job to job, or job to yard, and equipment primarily designed for hoisting,lifting, moving, loading or digging operations. The foregoing definition is partial and shall not include other vehicles of unusual design, size or shape that are designed primarily for purposes other than transporting merchandise or passengers. 14-2-3: MOTOR VEHICLE NOISE (a) It shall be unlawful for any person to drive or move, or fo~ the owenr to cause or knowingly permit to be driven or moved, within this municipality, any motor vehicle which emits a sound pressure level in excess of the dB(A) as hereinafter established. MAXIMUM PERMISSIBLE SOUND PRESSURE LEVELS Vehicle Class Any vehicle greater than 10,000 lbs., manufacturer's gross vehicle weight Any other motor vehicles dB(A) at 25 ft. 88 80 (b) Noise from a motor vehicle within the public right-of-way shall be measured at a distance at least twenty-five (25) feet from the nearest side of the nearest traffic lane being monitored and at a height of at least four (4) feet above the immediate surrounding surface. -4- • I • • ...... ( ( ( • • • . . .. 1 4-2-4: MUFFL ERS: PREVEN T ION OF NO ISE 14-2-5: I t shall be unlawful for any per son t o o perate, o r for the ow e r to cause or k now ing ly pe rmi t the opera- tion of, a ny vehicle or c omb i nation o f vehicles within this mu n i c ipa li t y , wh i ch vehic l e is not equipped wi th an adequate muffler in constant opera- tion and properly maintained t o prevent any un- necessary noise , and no such muffler or exhaust system shall be modified or used with a cutoff , bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise em i tted by the motor of such v ehicle above that em itted by a muffler of the type oriqinally installed o n the vehicle. NOISE LEVELS It shall be unlawful for any person to drive or move, or for the owner to cause knowingly p e rmit the operation of, any motor vehicle having a manufacturer's gross vehi cle rating of less than ten thousand (10,000) pounds, e xcept a motorcycle, wi thin this mun i c i pal i t y , which vehicle exceeds n i nety-f ive (95) dB(A} me asured not less than twenty (2 0) inches [five hundred eight (508) millimeters] from the exhaust outlet. The measured exhaust system sound level of a stationary vehicle shall be the highest reading obtained during the test, disregarding unrelated peaks due to extrane- ous ambient noise. Wh e n there is more than one (1) ex- haust out l et extending f rom a single muffler, separated by less tha n twe l ve (1 2 ) i nches [three h undred (305 ) millimeters ] , measuremen t s shall not b e made on the o utlet f urt h e s t f r om the s ide o f the v ehicle . Section 3 . That Chapter 3, Title XIV, of the 1969 Englewood Municipal Code is hereby repealed and readopted with amend- ments a s follows: CHAPTER 3 APPLICATION, INTERPRETATION, VALIDITY AND PENALTIES 14-3-1: APPLICATION This Ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way, or public place, or public parking area, either within or outside the corporate limits of this municipality, the use of which this municipality, has jurisdiction and authority to regulate. The provi- sions of sections 5-l, 5-2, 5-12, 21-11 and 23-3 of the adopted Model Traffic Code respectively, concerning wreckless driving, careless driving, unauthorized devices, eluding police, and accident investigation shall apply not only to public places and way but also throughout this municipality. -s- • I • • ( ( • • • • 14-3-2: INTERPRETATION 14-3-3 14-3-4 This Ordinance shall be so interpreted and construed as to effectuate its general purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and section headings of the ordinance are adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any matter effect the scope, meaning, or extent of the provisions of any article or section thereof. VALIDITY If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not effect the validity of the re~aining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance or each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. PENALTIES The following penalties, herewith set forth in full, shall apply to this ordinance: (a) It is unlawful for any person to violate any of the provisions stated or adopted in this ordinance. (b) Every person convicted o f a violation of any provision stated or adopted in this ordinance shall be punished by a fine not exceeding three hundred ($300.00) dollars, or b y impri sonment not exceeding ninety (90) days, or by both such fine and imprisonment, Section 4. Chapters 4, 5, and 6 of Title XIV of the 1969 Englewood Municipal Code are hereby expressly repealed. Introduced, read in full and passed on First Reading on the 5th day of September 1 1978. Published as a Bill for an Ordinance on the~ day of September, 1978. Read by title and passed on final reading on the _____ day of _________ , 1978. • I • • ( ( • • • • Published by title as Ord inance No. Series of 1978, on the day o f ____________ , 1 978. Mayor ATTEST: ex officio City Cl e r k -Trea s u r e r I, Wi lliam D . J am e s , do here b y c e rtify that the above and fore goin g is a true, accurate a nd c omplete copy of the Ord i nance, p a ssed on final r eading and published by title, as Ordinance No . _____ , Series o f 1978. ex officio City Cle r k -Treasurer • 0 I • • ( ( • • • - CITY OF E GLEWOOD, CO LORADO BOA RD OF ADJUST~ffi NT AND APPEALS MINUT[S AUGUST 9 , 1978 5 IJ The regular meetin g of the Board o f Ad j u stment an d App eal s was called to order at 8:00P.M. by Ch ai rman Ol iver. MEMBERS PRES ENT : MEHBER S AB SENT : ALSO PRESENT : Dawso n , Leonard , Hallagin, Seymour, Kreiling Oliver. Brown . Gary Pittman, Chief Build i n g Inspector Leo Clark, Assis tant City Attorney Valer ie Christy, Recording Secretary ----------------------------------------------------------------- Mr.&Hrs. Vernon T . Tate 4651 So. Lincol n St. Case 30 -78 REQUEST : The applican t is requesting a variance f rom the required 6,000 sq . ft . of minimum lot Jrea o 5,758 Sq . ft. of minimum lot area for the purpo se of ere ct1ng a duplex unit. This is a variance of the Com prehensive Zoning Ordinance, Section 22.4-5 c . ,Hinimum Area of Lo t. The Adminis t rative Report was read and s ub mi ted to record . Mr. and Mrs . Tate , residin at 478 1 So. Grant , and owners of the subject property at 4651 So. Lincol n , stated that they felt tha t by building t he proposed duplex, it would upgrade the neighborhood and eliminate the unsafe condition which allows vehicular raffic between Lincoln street a nd the alley. The also stat d it Hould be additional housing to families of school ae children as it would be located just one lock from Cherrylynn Elementary School. l~. Tate explained that the unique circumstances of the subject property were du to the cottage dwelline a he rear c' th property which is lo cated on lo 35 ov rlaping onto lot 34. Mr . and Mrs . Tate discussed wi h the Board the approxima e location of the proposed duplex in rela ion Lo he existin~ s rue ures on the a d jacent lots. They s aced they would have th requir d s tbacks and off-street parking at th alley. l1r. Pittman xplained that the existing structure on he property line would have o have n o op nings on the so u th wall and be 1-hr fire rated alon that south wall . The Boardchecked an overlot coveraee possibility on th old lots, if the two remaining lots were s para ted. llo1~ ver, Lhcr was no overlot coverage found. • I • • • • - -, Mr. Seymour Motioned and Mr. Hallagin Seconded that: MR. AND MRS. VErulON T. TATE, 4651 SO. LINCOLN STREET, BE GRANTED A VARIANCE FROM THE REQUIRED 6,000 SQ. FT. OF MINIMUM LOT AREA TO 5,758 SQ. FT. OF MINI~fUM LOT AREA FOR THE PURPOSE OF ERECTING A DUPLEX UNIT . THIS IS A VARIANCE OF THE COHPREHENSIVE ZONING ORDINANCE , SECTION 22.4-5 c., (2) ,MHIIMUM AREA OF LOT. ALSO, WITH THE UNDERSTANDING THAT THE SOUTH WALL ON THE PROPERTY HAVE NO OPENINGS AND MEET THE 1-HR. FIRE RATED REQUIREMENT. Upon a call of roll, the followin g vote resulted : AYES: Kreiling, Seymour, Hallagin, Leonard, Dawson, Oliver. NAYS: None. Chairman Oliver declared the variance approved . -------------------------------------------------------------------- Gerald L. Ray 4505 South Lipan Court Case 31-78 \ REQUEST : The applicant is requesting a variance from the required 7 ft. side yard setback to 3 ft. sideyard setback for t h e purpose ~ of erecting a detached garage. This is a variance of the Comprehensive Zoning Ordinance, Section 22.4-2, i. (2),(a). Minimum Side Yard. The Administrative Report was read and submitted to record . Mr. Gerald Ray, owner of 4505 So . Lipan Ct., stated that his purpose was to build a garage because there had never been a garage on the subject property. The dwelling on the property was built at the time that there was a cul-de-sac on Lipan Ct. creating the unusual positioning of the house. The proposed garage would be located at the N.E . corner of the lot which ·would be the most accessible from the street. The garage could not be located on the rear of the lot because of the elevation drop and also no room for the proper setbacks. He further stated that he felt that besides allowing him better utility of his property, the garage would bring up tne property to be in line with rest of the neighborhood . He submitted a letter of approval from the neighbor to the north . The Board discussed with Mr. Tate possiblities of other re-location of the propos d garage and also the construction type of the proposed garage . There was also discussion regarding the location of the proposed garage in relation to the adjacent properties. Mr . Hallagin Motioned and Mrs. Dawson seconded that: MR. GERALD L . RAY, 4505 SOUTH LIPAN COURT, BE GRANTED A VARIANCE FROM TilE REQUIRED 7 FT. SIDE YARD SETBACK TO A 3 FT. SIDE YARD SETBACK FOR THE PURPOSE OF ERECTING A DETACHED GARAGE. THIS IS A VARIANC E OF THE COMPREHENSIVE ZONING ORDINANCE, SECTION 22.4-2 i., (2),(a). MINIMUM SIDE YARD. (2) • I • - ( (_ • • • ,. - Upon a call of roll, the following v ote resulted : AYES : Kreiling, Seymour, Hallagin, Leonard, Dawson, Oliver . NAYS : Non e. Chairman Oliver d eclared the variance approved. ------------------------------------------------------------------ Scott M. Ardrey 2985 So. Umatilla Street Case 32-78 REQUEST : The applicant is requesting a variance which would allow him to erect a 6 ft . wood fence in his front yard setback. This is a variance of the Englewood Municipal Code, Section 3-2-3 :(b)- Fences . The Administrative Report was read and submitted to record . Mr . Scott M. Ardrey , owner of 2985 So . Umat illa St., stated that that the City was widening his street and took out his hedge and four trees in the front of his property . He further stated that his residence was the only residence in that block and that it was and I-1 i ndustr ia l zone. His trees and hedge had been a sound barrier from the heavy traffic and also privacy from the industrial flavor of the block . The City paid Mr . Ardrey for t he hedge and trees and gave him the money for a new fence to repla c e them. It was not till after he had been reimbursed for a fence, that he found out he would have to get permission from the Board for the fe nce . Mr. Leonard Motioned and Mr. Seymour seconded that : SCOTT M. ARDREY , 2985 SO. UMATILLA STREET, BE GRANTED A VARIANCE WHICH WOULD ALLOW HIM TO ERECT A 6 FT . WOOD FENCE IN HIS FRONT YARD SETBACK .. THIS IS A VARIANCE OF THE ENGLEWOOD MUNICIPAL CODE, SECTION 3-2-3 : (b)-FENCES. Upon a call of roll, the following vote resulted : AYES : Kreiling, Seymour, Hallagin, Leonard, Dawson, Oliver . NAYS : None. Chairman Oliver declared the variance approved . --------------------------------------------------------------------- Patricia J . Gressett 2801 So. Clarkson Street Case 33-78 REQUEST : Th applicant is requesting the Late Registration of a ~on-Conforming Use of three dw lling units in a R-1-A Zone . This is a variance of the Comprehensiv Zoning Ordinance, Section 22.4-2 b. ,P rmitted Principal Uses . (3) • I • • • • .. The Administrative Report was read and submitted to record. Hrs. Patricia Gressett, owner of 2801 South Clarkson Street, stated that her parents purchased the property in 1944 and lived there from 1944 until 1973. They lived in the upper part of the house and rented the lower unit and the small cottage . In 1973, her parents moved and she purchased the property from them and has rented the three units since then. The Board discussed with Mrs. Gressett the necessary repairs that would have to be made to the units as listed in the Housing Code Inspection le tte r from the Building Department . Mrs. Gressett stated that she was willing to comply with all the necessary repairs . Mr. Pittman, Chief Building Inspector included an addendum to the Housing Code Inspection which was that the lower bedroom un its window be brought up to the emergency escape window requirements. Mrs. Gressett agreed to that correction also. Mr. Randy Coppage, tenant residing in upper unit of 2801 So. Clarkson, asked to speak in opposition by submitting a petition addressed to the Zoning Board asking that Mrs . Gressett's request be denied. He stated that the surrounding neighborhood did not want a non-con- forming use . as this was a single-family residential neighborhood. The Board informed Mr . Coppage, that they were not the Zoning Board, b ut that they were the Board of Adjustment and Appeals. There was discussion as to the incorrect wording of the petition which called th e Gressett's request a request to allow a non-conforming use. Mr . Oliver made the clarification that the applicant was requesting a variance from conforming use, which does not mean that they are granting a non-conforming use to the neighborhood. Mr. Oliver also me ntioned that in the petition the inference had been made that the premises had been occupied since l973,that frwas something recent which had just crept into the neighborhood. He further stated that this was incorrect in that there was evidence that the structures had been used this way since 1944 . He explained to ~r. Coppage that the structures were not non-conforming as they existed prior to many of the surrounding houses . Mr. Coppage asked if the structures had been in violation since 19 5 5 at the time the zoning ordinance came into pffect. Mr . Seymour stated that it was a matter of the premises not being registered with the c ounty as it s hould have been done in 1955, and that this is what the a pplicant was requesting at this time, the l a te-registration of these units . Mr . Oliver further stated that b c ause these units had been c onsista ntly used i n this fashion for rh i s long, they had establish d their own inherent use and ar a part of the neighborhood and always have been since 1944. l1 r. Oliver stated that he felt that the petition contained errors which would have incorrectly informed the neighbors who signed the petition. He stated, however, that the Board did recogni z e his petition and that it wo ul d be submitted to the record . The Board had further discussion with Mrs . Gres sett regarding off- street parking and possible traffic con s tion . Mrs . Gr ssett stated that this was a corner parcel with ampl s t r et parking as well as two off-street parking spaces locat don the property. Mrs. Gressett further stated t h at she tried to limit the rental of the lower unit and the back cottage to singl people which prevented excessive parking congestion . (4) • 0 I I I • • • • .. There was further discus sion reg ard ing the collection of the City rental taxes from 1957 to 1 96 4 and also wat e r p aymen t s on all three units. Mr . Se ym our Motioned and Mr . Ha l l a g in seconded t ha t : MRS. PATRICIA GRESSETT, 2801 SOUTH CLARKSON STREET , BE GRANT ED LATE REGISTRATION OF A NON-CONFORMIN G USE OF THRE E DWEL LI NG UN I TS IN A R-1-A ZONE . THIS IS A VARIANCE OF TH E COMPREH EN SI VE ZONING ORDINANCE, SECTION 22.4-2 b., PERMITTED PRINCIPAL US ES. WI TH THE STIPULATION THAT THE CORRECTIONS NOT ED IN TH E HOUSIN G CODE INSPECTION LETTER, DATED AUGUST 4, 1978, FROM THE CITY OF ENGLEWOOD BUILDING DEPARTMENT, BE ADHERED TOQ AN D ADD ITIO NALLY , THAT AN EXIT FROM THE LOWER LEVEL UNIT BEDROOM BE ADHERE D TOO. Upon a c al l of r o l l , the following vote resulted : AYES : Dawson, Le o nard , Hal l a g in , Seymour, Kreiling . NAYS : Oliver. Mr . Oliv er expr e ssed his concern f or the p et 1 t 1on . He s tat e d t hat what bothe red h im was that t h at man y peo p l e would s i gn a petition a nd then none s how u p t o back it up . Ne v er t hele ss, t hat numbe r of people did sign ind i ca t in g opposition o f some so rt an d tha t t hi s wa s very hard t o i g nore . He stated he did n o t like th e conditions under wh i ch t he p 2 tition was ob t ained or p re s en t ed but it is a matter o f record . Chairman Oliver st at ed t hat it requires an a ffi r Mative vot e of five to grant a variance, t herefore, the varian ce was a p pr ov e d . ------------------------------------------------------------------- Lawrenc e E.& Susan L . Jones 48 40 South I n ca Street Case 34-78 REQUEST : The applicant is requesting a of the premises a s a Da y Ca re Facility . Compreh e nsive Zon i n g Ordinance, Section Us e s. varian ce to permit the use This is P. variance of the 2 2.4-b . Permi tt ed Principal The Adminis t rat ive Repor t wa s read and submitted to record . Mr . and Mrs . Lawrence E . Jones, tenants of 4840 So . Inca St , stated they wanted the varian ce to allow Mrs. J on es to care for no more t han six children includin g there own son . Mr . Jones s tated that t h i s was in accordance with the State regu lations. They felt that t hey were providin g a necessa r y s ervi c e to t h e community as well as add needed income to their own family. Mrs . Jones stated that s h e wi s hed to continue her care for the children . She s t ated that th fi rs t c hildren a rrive at approximately 7 :00A.M . and leave no later t han 5 :15P .M. They further stated that Mrs . Jon s enjoyed caring f or the children and had a g ood relationship with both t he childr n a nd t he p arents . Mr . and Mrs . Lawrence Jones submitt d a petition signe d by neig h bo r s who had no objection to their operation of the Day Ca r e Fac i li t y. (5 ' • I • • • • • .. Mrs. Jones also submitted a letter of recommendation addressed to the Arapahoe County Departmen t of Welfare. Two letters of personal reference and recommendation were also submitted as evidence as received by the Building Department through the mail. ~lr. and Mrs. Lawrence Jones also submitted five let ters of approval from some of the adjacent nei g hbors . Favorable testimony was received from the following members of the audiance Mr . Sa~ Arrell -4845 So. Huron Street Mrs . Karen Harris-4855 So. Huron Street Mr. & Mrs . James Smith -4830 So . Inca Street Mrs . Gloria Owens -7567 So . Franklin Way Larry Asosta -4330 So . Fox Lynn Walker -2 145 Cherryville Rd . Kathleen Eccles -6357 So . Louthan Janice Fergeson -59 2 9 W. Valley View Michael King -614 2 So. Spotswood Gerald L. Ray -4505 So . Lipan Ct. Mr . Harvey Pratt , 4810 So. Inca Street, speaking for those in opposition to the variance , presented a petition to the Board with signatures of various proper ty owners in the vi cini ty of the subject property that were opposed to the issuance of the reques ted variance . Mr. Pratt stated that they were aware of the quality of care offered by Mrs. Susan Jones , but that as property owners they were concerned and felt very strongly that they wanted their neighborhood to remain R-1-A with no variance. Further testimony in opposition to the requested variance was received f rom the foll owing members of the audiance : Mr. and Mrs. Dave Poletti -4831 So . Inca Street Mr . and ~Irs. Charles Jones -4850 So . Inca Street The Board had discussion with Mr . and Mrs . Charles Jones, who are adjacent neighbors to t he subject property regardine their objection to the noise factor and parkinl problem in front of their property . After review of the two petitions submitted both for and against the requested variance, the Board members found that some of the names on the petitions were duplicates with the same signatures appearing on (6) • , I • • ( • • • . . • bo th petition s. Mr s. Sm ith , stat ed t ha t she did not sign t wo pe ti tions . She stat ed that she onl y si gn e d one petition in favor of th e Jon e s ' variance . Af t er f urther di sc ~tss i on between the Board Members and Mr . and Mr s. La wrenc e J ones, r ega r ding the number o f c hildren to be cared for a t one time, number of y ears that the Jone s had re s ided at t he subje ct proper ty and t he Ci t y 's definition o f Day Care Facility , the p ublic hear ing was closed . Th e Bo a rd rev iewed the submit t ed evidence and t estimony that the y had receive d a nd had di scu ss ion am on g th emselves . Mr. Se ym our mo tioned and Mr. Halla g i n seconde d t ha t: MR. AND MRS . LA~VRENCE E . J ONE S, 4840 SO . I NCA STREET , BE GRA rnED A VARIANCE TO PERMI T THE USE OF THE PRE HIS ES AS A DAY CARE FACIL I TY. THIS IS A VARIANCE OF TH E COMPREHENSIVE ZONI NG OR DINAN CE, SECTION 22.4-b. PE RMI TTED PRINCI PAL USES. FU RTH ER THAT THE USE BE RESTRICTED TO SI X CH I LDREN AT ONE TIME AND THA T THE VARI AN CE WILL RUN WITH THE PRESENT OCCUP ANTS OF THE PREMISES ONL Y. Upon a c a l l o f r o l l, the following vote r es ulted : AYES: Kr e il in g , Seymo ur , Hallagin, Le onard , Dawson , Olive r NAYS : Non e. Chairman Oliver d e clare d the vari a nc e approved . -------------------------------------------------------~------------ George Allen (Cherokee-Kiva) 3675 South Cherokee Case 35-78 REQUEST : The applicant is requesting a variance from the requirements of the emergency escape window . Specifically, the requirements of 5 sq. ft . of clear openable ar a to 4 .23 sq. ft. and from the minimuM openable width of 22 inches to 19 inches for sleepirg rooms below th e fourth floor . This is a variance of the 1973 Uniform Building Code, Section 1304. The Administrative Report was read and submitted to record. Mr . George Allen, owner of the 40 unit condominium located at 3675 South Cherokee, stated that he had consulted with both the Building Department and Fire Department and felt that the size of window proposed would not en danger human lives in the case of an emergency. He expressed his deep concern for human safety . He also stated that due to the nature of the stucture of the building it is virtually impossible to make any increase in size ofthe window . The building is a pre-stress concrete building with the openings or ~h windows already built in. The structure was completely constructed before the windows arrived. Mr. Allen explained that th window is large enough, but becaus e of the design of th~ window, a clip prevents (7) • I • • • • • the window from completely opening . Mr. Allen explained that there had been a mix-up in the model shown in the catalog f rom what the architect had chosen. He further stated that although a mistake had been made that he still maintained that the windows would in no way endan ger human lives. Mr. Allen also stated that he had talked to the factory and asked if a modificat ion could be made to the existing windows and he said th~y told him there could not be any change made because it would destroy the operation of the window . Mr. Tom Davis and Mr. Bill McCormick, representatives of the makers of the windows showed the Board one of the windows and how it operates and why the clip prevented the complete opening of the window. The Board examined the window and its opening and possibility of any dange'-existing in exiting during ~n emergency . ~fr. Pittman, Chief Bu t lding Inspector discussed with the Board the Fire Department and Building Departments views on the safety of the window. The Board reviewed the letter from Captain Boston of the Fire Department. The Board discussed with the Assistant City Attorney, Leo Clark, the possiblity of liablity in the event of an emergency. Mr. Don Marshall, architect for Cherokee-Kiva, stated that the Reynolds company did not supply a different model than what was originally specified . He stated that the mix-up had come from the model in the catalog not showing the clip which would have indicated that the window would not fully open . Mr . Seymour Motioned and Mrs . Dawson seconded that: GEORGE ALLEN, FOR CHEROKEE-KIVA, 3675 SO. CHEROKEE, BE GRANTED A VARIANCE FROM THE REQUIRE~ffiNTS OF THE E~RGENCY ESCAPE WINDOW . SPECIFICALLY, THE REQUIRE~NTS OF 5 SQ . FT . OF CLEAR OPENABLE AREA TO 4.23 AQ. FT. AND FROM THE MINIMUM OPENABLE WIDTH OF 22 INCHES TO 19 INCHES FOR SLEEPING ROOMS BELOW THE FOURTH FLOOR . THIS IS A VARIANCE OF THE 1973 UNIFORM BUILDI NG CODE, SECTION 1304. Upon a call of roll, the following vote resulted : AYES : Kreiling NAYS : Seymour , Hallagin, Leonard, Dawson, Oliver . Mr . Oliver stated that he felt that a mechanical correction could be made and that a variance could not be granted for such a critical matter as this . Mr . Oliver then stated that the variance had been denied by a negative vote of five to one . -------------------------------------------------------------------- The minutes of the July 12, 1978 regular meeting of the Board of Adjustment and Appeals were approved by a unanimous vote in favor . There being no further business before the Board, Chairman Oliver declared the August 9, 1978 regular meeting of the Board of Adjustment and Appeals adjourned at 11 :45 P.M. Recording Secretary Valerie Christy (8) • 0 I • • • • • • MINUTES COUNCIL MEETING 5 B, DENVER REGIONAL COUNCIL OF GOVERNMENTS Present: Wllliam Thornton, Chairman Vesta Miller, Vice Chairman George Chandler Robert F. Clement William V . Cobern Roland Cole Harold V. Cook Doris Durdy Thomas Eggert George Garson Samuel Harper Beth Jenkins Jack Kinstlinger Jim Lee Gary Le wman Cathy Reynolds Mike Schonberg Rodney J. Sheffer Norman A. Sm ith Arthur Tice Also Present: AUGUST 16, 1978 Town of Bow Mar City of Arvada City of Longmont Jefferson County City of Aurora Commerce City Denver, City & County City of Brighton Arapahoe County City of Glendale City of Littleton Cherry Hills Village Department of Highways Clty of Lakewood City of Wheat Ridge Denver, C ity & County City of Thornton C ity of Westminster City of Broomfie ld Federa 1 Heights Sandra Parker, City o f Longmont; Thomas Q . Benson , DRCOG Attorney; Barbara Wllliamson, RTD; John Morehead, The Denver Post; Robert Farley, Executive Director, DRCOG; David A. Pampu, Deputy Executive Dir ector, DRCOG; Carol M . Langley, Executive Secretary, DRCOG; and various member s of the DRCOG staff. • 0 I . - • COUNCIL MINUTES AUGUST 16, 1978 Page two • • - Chairman Th ornton called the meeting to order at 7:35p.m. Roll was called and a quorum declared present. Councilman William Cobern, Aurora, expressed sympathy to the family of Councilwoman Mary DiLorenzo, Louisville, on her passing and asked the full Council to observe a moment of silence to pay tribute to this dedicated local elected official. Mrs. DiLorenzo served as the DRCOG representative and as a member of the Program Committee. In that regard, Council on motion by Mr . Cobern, supported by Mr. T1ce, unanimously directed staff to prepare a memorial resolution to be sent to Mrs. DiLorenzo's family and the City of Louisville . (A signed copy of Resolution No . 24, 1978 is attached to and made a part of the file copy of these minutes.) Chairman Thornton welcomed Councilwoman Sandra Parker , City of Longmont, alternate COG representative. Minutes of July 19, 1978 Council on motion by Mr. Tice, supported by Mr. Lewman, unanimously approved the minutes of the July 19, 1978 meeting as presented. Summary of the Executive Committee Meeting held August 2, 1978 Members reviewed the summary of the meeting as presented. 1979 DRCOG Annual Budget Mr. Farley stated that the 1979 DRCOG Annual Budget is presented to Council at this meeting for review. Final consideration of the 1979 budget will be requested at the September Council meeting in accordance with the DRCOG Articles of Association. The Program Committee at its meeting this date recommended approval of the 1979 DRCOG budget by Council in September. General fund expenditures in the 1979 budget are estimated at $2,671,800, an increase of $141, BOO over the 1978 budget. This increase occurs primarily from increases in estimated expenditures for the Minority Intern Program, Section 208, Airport Planning, the Airport Study, Transportation Planning, Air Quality Planning, the Carpool Locator Program, Van pooling, Crimina 1 Justice Planning, and Loca 1 Planning Assistance. The 1979 budget refelcts no new programs for DRCOG and reflects decreases for planning and management, HUD 701 planning, and the Criminal Justice Program. The budget reflects elimination • D I • • - COUNCIL MINUTES AUGUST 16, 1978 Page three • • • of six active 1978 programs, the HUD Environmental Overview Analysis, the Resource Recovery Program, Expansi on and Maintenance of the GBF /DIME File , the Productivity Study, the Alcohol and Drug Abuse Program, Drought coordination, and the Four C orners Study. Projects carried out b y loca 1 governments and other agencies, but funded through DR COG, are eliminated from the genera 1 opera ting fund budget. These pass- through projects have an estimated total cost of$795,040 in 1979 . The separation of pass-through funds from the Council's general fund is identified both in terms of revenues and expenditures. The 1979 bu:lget provides for a decrease of $44,0 40 in pass-through project funds. For the first time in seven years, an increase is proposed in the level of Participating Membership Dues in 1979. A portion of the fund balance has been applied to fund the Council's sha re of program costs for the past two years, $145,500 in 1977 and $151,800 in 1978. This budget proposes an increase in PM dues of 20 %, or $84,000 . PM dues must be increased to achieve parity with DRCOG's rapidly decreasing fund balance, and even with this increase, it will be necessary to apply $92,000 of the 19 78 fun d balance to fund a portion of the Council's share of program costs in 1979. Me mb er dues will fund approximately 19% of all proposed expenditures, with direct federal and state and other local cash and services supporting approximately 78 % of the total bu:lget. Mr. Belmear gave a presentation on the proposed dues increase as it was discussed at the Council workshop in June and distributed a chart showing each DRCOG member jurisdiction and the level of dues paid by each from 1972 through the current year, 1978 . It also showed the percentage of increase or decrease, whichever was the case, for each jurisdiction during that seven year time span. Adoption of the Transportation Planning Prospectus Mrs. Miller, Chairman of the Program Committee, stated that the committee on August 2, 1978 unanimously reco mmended favorable Council action on the resolution adopting the Transportation Planning Prospectus . Mr. Scheuernstuhl, DRCOG staff, explained that the Department of Transportation requires that the MPO develop a prospectus t o establish a multi-year framework within which the Unified Planning Work Program for all urban transportation and tra nsportation-related activities is accomplished . DRCOG, as the MPO for the Denver-Boulder Urbanized Area has prepared a Prospectus in cooperation with the Colorado Department of Highways, the Regional Transportation District, and the Colorado Air Pollution Control Commission . • I • • COUNCIL MINUTES AUGUST 16, 1978 Page four • • - The Prospectus defines the general structure and process for the conduct of regional transportation planning in the Denver region. It identifies and interrelates the wide range of activities which are undertaken on a periodic basis in support of the regional transportation planning process, and establishes a unified and continuing, comprehensive and cooperative program for the transportation planning process. The time frame that the Prospectus is intended to cover is at least five years (1978 to 1982), and hopefully it will remain valid for a longer period with appropriate updating and refinement. Council on motion by Mrs. Miller, supported by Mrs. Reynolds, unanimously adopted Resolution No. 25, 1978, A Resolution to Adopt the Prospectus for Transportation Planning in the Denver Region, August, 1978. (A signed copy of Resolution No. 25, 1978 is attached to and made a part of the file copy of these minutes.) Clarification of the Regional Housing Opportunity Plan Mr. Farley referred Council to attachment D of the agenda which included a copy of Mayor MeN ichols letter to Chairman Thornton wherein he stated Denver's concerns on the draft plan. He stated in his letter that he felt that if Denver's understanding of what the Regiona 1 Housing Opportunity Plan means in the areas of: (1) A-95 Review Procedures; (2) Metropolitan Housing District and (3) Barriers to Housing Choice were accurate, then it would be appropriate to reduce those areall to wrJting and that the written interpretation receive the appru val of the members of the DRCOG Council. In response to that request, the DRCOG staff prepared a Statement of Clarification on the Regiona 1 Housing Opportunity Plan, which explains the intent of the plan in the areas of A-95 review; Metropolitan Housing District; and Barriers to Housing Choice. Mrs. Miller, Program Committee Chairman, stated that the committee reviewed the State ment at its meeting this date, and unanimously recommended Counc!l approval of the Statement of Clarification. Council on motion by Mrs. Miller, supported by Mrs. Reynolds, unanimoulsy adopted the Statement of Clarification on the Regional Housing Opportunity Plan as presented. Councilwoman Reynolds said a resolution will be introduced in city council for Denver's adoption of the Regional Housing Opportunity Plan. The city had previously ab s tained from voting on the plan until the above concerns were c larified. • () I • • • COUNCIL MINUTES AUGUST 16, 1978 Page five Report on Plan Am e ndments • • • Mr. Farley referred Council to a memo in the agend a Usting the three proposed amendments to adopted Regional Plans which have bee n submitted during the month of July in accordance with Co uncil Pla n Amendment Procedures. l) Amendment request fr o m the City and County o f D enver t o amend the Regional Growth and Development Plan t o change a port ion o f land k nown as the "Grant Ranch " from a regional park and pro t ection area to a des i gnation permitting full urban development. 2) Amendment of the Regional Street and Highway Plan to reclassify US 285 between S. University and Santa Fe Drive fr o m a llmited access facility to a principal arterial. Submitted by the Cit y of En glewo od. 3 ) Amendment of the Regi o na 1 Street and Highway Plan to add West 92nd Avenue as a principa I arteria 1 t hr ough the City of Westminster. Submitted by the City of Westminster. He noted that a publlc hearing w ill be held in November o n t he Plan Amendments and Council action will foll ow at the Dece mber Council me e ting. In response to a request fro m Councilman Jim Lee, staff wil l make a copy of the documentation received on Amendment No . 1 available for his us e . Mr. Farley also noted that the amend me nts are bein g taken up by t he re spective advisory committees and staff and Coun cil w ill be kept apprised of those discussio ns In October or Nove mber. Status Re p ort o n t he Ri d e s hare Program M r. Farley i n t r o d uced Ms. Elaine Go:xl, DRCOG 's new Rldesha re Coordina tor , w ho bri efed Council on DRCOG's Rideshare Program Proposal, DRCOG's ro le, w hy DRCOG is i nvolved In ride sharing, the scope of activit ies i n the pr ogram, t he carpooling objective, the vanpooling objectives, the marketing and p r o motio n aspects of the p r ogram, and the Inter-agency coordination necessary to c arry o u t t he pr ogram. Co unc il on motion by Mr. Cobern, supporte d b y Mrs . Re y no lds a ut horized t he staff to proceed In c re a ting a Ri des ha r e Coord inat ion Comm ittee to be a ppolnted by the Chairman . The motion c arried unanim ously. • I • • COUNCIL MINUTES AUGUST 16, 1978 Page six .. Briefing on Regiona 1 Airport Study • • - Mr. Pampu, DRCOG staff, explained that the Executive Com mittee has as ked the staff to proceed with the development o f this study to identify a site for a new air carrier airport to serve the Denver region. T his actio n wa s in respon se to requests from the C ity and Cou nty of Denver and suburban j urisdictions that such a study be initiated. After a lengthy review of the study organization, management and policy direction , Mr. Pam pu s tated that overall direction for the study w ill be provided by the Executive Committee with the assistance of an advis o ry committee t o be established. The advisory committee should be composed of representatives of concerned and affected local governments, airport operators, the air carrier industry, airline pilots. general aviation interests. the State of Co lorado and the FAA. This committee w ill operate as a DRCOG advis o ry committee and be responsible for reviewing the technical work and advising on the study findings and recommendations. The study is expected to take three years to comp lete and cost in excess of $500 ,000. The local matching funds are proposed to c ome from Stapleton International funds. Briefing on the Air Quality Program Mr. Farley introduced Bob Doyle, DRCOG's new Air Qul!lity Planner who briefed Council on the status of the pro gram and work of the Air Quality Policy Comm ittee and Task Force. The program objective is to develop and submit an air quality implementation plan by January 1. The task f orce and policy commi ttee have been meeting week ly t o rue et the time deadlines imposed. Reports will be given t o Council monthly as the work progresses. Report of the Executive Director Mr. Farley reported on the following: 1) After waiting more than one year since 1t was adopted in 1977, the DRCOG Clean Water Plan finally has been approved by the EPA . In January, the State gave its conditional certification to the Plan and forwarded it to EPA. EPA has concurred in the State certification. When the State took its action, it designated only 15 of the 34 management agencies identified in the Plan, a oo gave conditional designation to an additional six mana geme nt agencies. For those areas where recommended management agencies failed to receive reco~nition at the State and EPA levels , EPA suggested interim management agenctes by nam ed. An example of such an area is the Jeffers on County mountain reg i on which currently is served by small special purpose districts. Mr. Farley distributed a letter from Mr. Merson, EPA Regiona 1 Administration, confirming EPA's approv 1 of the 208 Plan. • 0 I • • - ( • COUNCIL MINUTES AUGUST 16, 1978 Page seven • • • 2) Earlier this year DRCOG petitioned the governor and EPA to add Douglas County to the DRCOG 208 wastewater planning area. Douglas County commissioners had sought this designation shortly after the county Joined DRCOG. The agency has been notified that both the state and EPA approved the extension of clean water planning to include Douglas County. Work soon will get under to bring clean water planning up to par with the five metro counties. 3) Staff is continuing to pursue mint-block Criminal Justice grants that would block out Criminal Justice action funds to DRCOG. It looks more favorable, a !though there are a number of issues to be resolved. 4) Two interg overnmental personnel grants -one for the Circuit Rider City Manager Program and one for fire training program. 5) DRCOG was one out of 15 r egional COG's asked t o submit applic ation to EDA fo r a demonstration program. 6) DRCOG has returned the Substance Abuse Program t o the State after contract negotiations were unable to resolve the differences. The State had insisted that the program be split with DRCOG retaining only the planning function and the State would assume responsibility for coordination of the many drug and alcohol programs in the metro area. This was an unsatisfactory arrangement for the Executive Committee and the entire program was returned to the State on August 1. 7) David Pampu has been named deputy executive director of DRCOG in a staff and program reorganization. Larry Borger will as sume the new position of special assistant to the executive director. William Johnston will become program coordinator. Four new sections are created. These are: Man a~ment and Human Services, headed by Charles Shannon; Transportation Services headed by George Scheuernstuhl ; Environmenta 1 Services, headed by Jack Hibbert and Planning Services, headed by David Howell. Administrative Services, headed by James Belmear, and Public Affairs , headed by William Fonvielle, are unaffected by the reorganization. Mr. Farley said the changes are intended to better realign existing programs, and provide better internal control and communications. Calendar of Policy Issues Council noted the calendar of pending issues and programs and their timetable for future discussion. • I • • - • COUNCIL MINUTES AUGUST 16, 1978 Page eight Adjournment • • • There being no further business, the meeting adjourned at 9:55p.m. ATTEST: Robert D. Farley Executive Director William Thornton, Chairman • I> I • • - ( ( • • • - ENGLEWO OD PA RKS & RECREATION COMMISSION Minutes of Se ptember 14, 1978 s 1.; TI1e regular monthl y meeting of the E nglew ood Parks & Recreation Commission wa s called t o order by Chairman jack Poole at 7:30 p. m. in the Parks & Recreation Office. Me mbers present: Poole, He witt, Cushing, Harper, Howard and Romans, ex officio Mem bers absent: Weber and Allen Also present: Gary Havener, Asst. Director, Parks & Recreation Dick Tapply, Asst. Director, Parks & Recreation Harper moved , Howard seconded, that the minutes of the August 11, 1978 meeting be approved as mailed. Motion carried. Mr. Havener r e ported that farm animals were used again this year at the Petting Zoo. The Department worked with the Arapahoe County FF'A Chapter and severa l of their members worked at the Zoo during vacations of regular employees. No salary was paid but a donation was made to the Chapter. Next year members of thi s group may be hired to work at the Zoo because they are familiar with the animals. The number of visitors to th e Z oo increased from 8, 032 in 1977 to 12, 668 in 1978 . The revenue was 2, 204 in 1977 and $3,1 42 in 1978. The admission charge is still 2 :\¢ r pers on as it has been for several years . Mr. Tapply reported that th inclair Bathhouse i s now about 75% complete and s hould be finished by Oc tober 1, 1978 . ity forces will do some work on the drainage around the area. ue to several problems, the Miller Building r e modeling will not be completed in time for th e fall programs s o most of the programs will be moved to other facilities. Ceramics a nd pottery will be postponed until the building is ready The acoustical tile at Malley Ce nter has been in s talled on th e walls in the large mee t- ilg room and the improvement is very noticeable. • I • - • Parks & Recreation Comm i ssion Minutes of September 14, 1978 Page -2- • • Mr. Hewitt asked if the agreement between the School District and City of E nglewood on use of the Duncan School could be executed by the City as soon as JX>Ssible since the Department is already using the building. Mr. Cushing said he is very concerned that the front doors at the Malley Center have not ye t had glass put in them so people can see if someone is on the other side before opening. He said several people have already been hit by the doors and he feels this has to be done right away for s afety. Mr. Romans said he would contact th e City Manager right away concerning this problem. Mr. Hewitt left the meeting at 8:00p.m. The fact that the Blue Spruce tree in front of Malley Cen t er hides the letteri ng on the front of the building was discussed. Mr. Havener said the tree was there first and the lettering was supJX)sed to be put in a different location. It is imJX)ssible to move the tree because it is too big so the possibility of moving the lettering, purcha s - ing new lettering, where the lettering s hould be placed, etc. was discussed. This will be brought to the Senior Citizen Advisory Committee for recommendation to the Commission. The people now living on the east side of the Malley Center are causing a lot of vandalism at the Center and the Department has recommended to the city adminis tra- tion that the alley between this residence and the Center be purchased so better building ecurity can be achieved. Mr. Have ner reJX)rted that the drainage project at Bates-Logan Park is about three weeks behind sc hedu le. The sprinkling system s hould be replaced by September 18. II aid th e Department will recommend to the project engineer that the sod not be placed after ptember 20 becaus th e roots will not have time to take hold before cold • • D I • • I Parks & Recreation Commission Minutes of September 14 , 1978 Page -3 - weather. • • • Concerning the part-time employee s ituation in the Department, Mr. Havener said that the temporary seasonal position has bee n under scrutiny because of all the recent labor laws. In the proposed 1979 budge t it is recommended that two part -time positions be conve rte d to two full-time and eliminate all nin e month em ployees. The seasonal positions would be for only six months an d the sala r y would be r educed to $4 .25 per hour. This wruld mean a saving of $640. in 1979. Mr. Tapply said that th e Recreation Division has lost seven key people this summer because we can not offer permanency because of the part-time situation. He sa id it i s being recommended to th e Ci t y Manager that three full-time leader ( positions and nin e permanent part-time leader positions be implemented a s of October l, 1978. This would eliminate some of the multi -contract situation we now have. The speaker e ngaged for the Annual Dinner notified Mr. Cushing that he would be unabl e t o fulfill this obligation so other possibilities were discussed. Mr. Roman s will contact Pete Smythe to see if he is available. It was suggested by Mr. Cushing that Ken Carlson be considered to receive an award for his work on the Centennial- Bicentennial Committee and the fund drive for the Malley Center. Cushing moved, Harper seconded that the Honorary Life Golf Membership proposal be tabled. Motion carried. Cushing moved, Howard seconded, that the Director take the policy statement proposed by the Commission concerning criteria for permitting free play at the ( Englewood Golf Course to the City Manager for his approval and report back to the Commission. Motion carried. Harper moved, Cushing econded, that because of conflicts with the Colorado • • I • • Parks & Recreation Commission Minutes of September 14, 197 8 Page -4- • • • Parks & Recreation Socie ty Fall Conference that the October Commission meeting be cancelled. Motion carried. Mr. Havener presented the proposed site plan for the Duncan Park. The Commission discussed some of the possible improvements that can be made. Mrs. Howard again stated that she feels restrooms are very necessary because th e building will not be open all the time . Mr. Romans said there will be neighborhood meetings scheduled in this area to see what these people would really like in this park. The Five Year Capital Improvement Plan for Parks & Recreation will be discussed at the next meeting. The meeting adjourned at 10:00 p.m. The next Commission meeting will be November 9, 1978. • • \ ' 0 I • • • • • Porti o n of Year to D.:t te 67 % ---- DEPAl\TNENT OF FJNI\NCE ,5 EXPENDITURES TO 1978 BUDGE T LJ GENERA L FUND Throug h August 31, 1978 Last Las t 1\nnua 1 Curr e nt Yea r to Date % of Yea r Yt.;•ar _!l udget ~enditures E:u>_e_n_d :t_ t_ u_ r~ l!_udge t t_o_ Da t~ ;__ Legislation & Council: City Co uncil $ 98,574 $ 5,614 $ 83,570 85 $ ~0,345 84 Boa rd of Adjustment 3,351 219 1, 793 53 1,823 56 Care er Service 3,154 519 3,877 123 1,795 47 Pla nning & Zoning 4,912 332 3,536 72 2,650 54 Library 3,112 184 2,100 67 922 27 City Attorney 151,818 10,933 98,126 ~ 72,197 lQ Sub-Total $ 264,921 $ 17,801 $ 193,002 73 $ 159,732 75 AdminisLration : CiLy ;·wnage r $ 154,975 $ 11,235 $ 105,329 68 $ 85,5 24 60 P<.:rsonnel 131,112 14,390 86,021 66 60,011 59 Treasury & Record 85,598 5,763 59,251 69 52,951 53 ( Nunicipal Court 143,162 11,372 80,364 56 58,669 70 Accounting 90,235 7 ,416 64,502 71 71,284 44 Data Processing 119,412 5,315 60,196 50 39,585 Revenue Division 122,526 10,702 81,362 66 73,385 66 Purchasing 199,549 13,034 139,334 lQ 137,577 l!i Sub -To tal $1,046,569 $ 79,227 $ 676,359 65 $ 578,986 65 Public Works: Administration $ 50,849 $ 5,090 $ 34,956 69 St!nior Surrey 43,987 3 ,353 27,488 62 28,447 73 En g ineering 194,413 6,676 74,566 38 126,242 64 Streets & Drng. 876,318 109,186 571,468 65 490,116 60 Traffic Reg. 259 ,022 16,185 169,581 65 168,726 69 Bldg. ~laintenance 284 ,707 23 ,416 184,346 .§1 184,766 g Sub-Total $1 ,709 ,296 $ 163,906 $1,062,405 62 $ 998,297 63 Fire Administration: I • • Suppression & Admin. $1,601,686 $ 122,820 $1,062,466 66 $ Rescue Service 161,267 12,799 104,823 65 Volunteer 33,533 p2o) 1,324 _!±. ( Sub-Total $1,796,486 $ 135,299 $1,168,613 65 $1,085,733 69 • • • • • Expenditures to 1978 Budget Gen e ral Fund Through August 31, 1978 Page 2 Last Last Annual Current Year to Date % of Year Year Budget Exp e nditures Expenditures Budget ~~ _%_ Police : Police Dept. $1,975,950 $ 146,018 $1,243,830 63 $1,134,841 66 Communications 380,648 13,098 183 ,958 48 153,705 61 Animal Shelter 90,815 6,955 56,184 g 55,304 'il. Sub-Total $2,44 7,413 $ 166,071 $1,483,972 61 $1,343,850 65 Community Development: Code Enforcement $ 166,366 $ 13,726 $ 104,827 63 $ 103,051 59 Housing & Redevel. 78,096 5,336 51,660 66 35,702 67 Planning 146,258 14,324 92,904 64 86,680 g Sub-Total $ 390,720 $ 33,386 $ 249,391 64 $ 225,433 63 Library : $ 329,756 $ 27,747 ( $ 197,001 60 $ 179,367 59 Parks & Rec reation: Senior Recreation Center $ 90,000 $ 7,323 $ 57,081 63 Parks 734,664 64,982 511,126 70 457,051 72 OutJoor Swim Pool 40,127 10,092 39,847 99 36,675 93 Indoor Swim Pool 67,037 7,268 50,068 75 40,783 64 Sports & Games 94,428 5,479 59,157 63 48,197 53 Cultural Activities 73,081 6,443 47,306 65 42,499 61 Playgrounds 41,221 5,005 28,848 70 30,810 77 Softball 23,880 4,960 17,574 74 16,810 71 Zoo 8,692 1,859 5,863 67 4,324 54 Gen e ral Ope rations 115,257 8,214 64,983 56 67,642 53 Old Timers 28,213 4,346 24,106 85 23,552 85 Sub-Total $1,316,600 $ 125' 971 $ 905,959 69 $ 768,343 68 Total Expendit ures: $9,301,761 $ 749,408 $5,936,702 66 = I • 64 ==-~5,339,741 • ( • • • • • Portion of Year to Date 67% - DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES GENERAL FUND Through August 31, 1978 7. of Las t Las t Budgeted Curr e nt Year to Budget Year Year Rev e nues Month Date ~e~ to Date __L_ Taxe s: Prope rty Tax $ 865,696 $ 84.794 $ 734,723 85 $ 691,136 82 Specific Ownership 48,000 2 ,840 66,401 138 54,252 121 Sales Tax 5,607,057 463,534 4,079,472 73 3,542, 710 69 Cigarette Tax 475,000 45,609 350,940 74 312,342 68 Franc hise Tax 533,508 14,626 290,211 ...2!!. 298,548 ~ Sub-Total $7,529,261 $ 611,403 $5,521,747 73 $4,898,988 71 Licenses & Permits: Building Licenses $ 75,000 $ 7,294 $ 74,943 100 $ 41 ,145 86 Business Licenses 65,000 2 ,850 47,262 73 48 ,044 66 Non-Business Lie. 85 t ( Sub-Tota l $ 140,000 $ 10,144 $ 122,205 87 $ 89,274 74 Inter-Governmental Revenues: Federal Grants & Revenue Sharing $ 94,000 $ 4,328 $ 20,438 22 $ 16,618 69 State Grants 2,723 State-Shared Revenue 286,000 10,901 242,232 85 234,595 85 Arapahoe Bridge & Road 80,410 68,561 68,561 85 1,201 2 Sub-Total $ 460,410 $ 83,791 $ 331 ,232 72 $ 255,137 68 Ch a rges for Services: General Government $ 329,128 $ 3,302 $ 139,823 47 $ 128,114 42 Public Safety 6,200 782 3,691 60 4,564 61 Hi ghway & Street 38,236 3,375 25,956 68 17,198 45 Animal Shelter 20 ,000 669 3,935 20 6 , 740 32 Sc hool District Ul 10,000 Ouldoor Swim Pool 15,493 4,051 10,424 67 12,773 87 I Indoor Swim Pool 26,245 4, 799 10,641 75 20,859 81 • • Sports & Games 36,675 505 20,422 56 15,532 46 Cultural Activities 52,775 4,096 28,139 53 18,545 60 Playgrounds 1,500 325 1, 714 114 1,336 161 ( Softball 24,600 1,102 16,627 68 15,958 79 Zoo 2,600 1,171 2,828 109 1,943 75 Old Timers 18,300 3,730 15,594 85 16,399 99 Library Contract 34,000 22,386 ~ 14,962 iJ Sub-Total $ 615,752 $ 27,907 $ 311,180 51 $ 274,.923 49 • • • • • Re alization of Bud geted Rev e nu e s Ge ne r al Fun d Thro ugh August 31, 1978 Page 2 % of Last Last Budgeted Current Year to Budget Year Yea r Re venues Month Date Collected to Date _%_ Fines & Forfeitures: Court Fines $ 98,000 $ 14,517 $ 101,987 104 $ 77.354 91 Libra ry Fines 8,900 785 7,225 __.Mo 6,42 2 lE_ Sub-Total $ 106,900 $ 15,301 $ 109,212 102 $ 83.776 90 Miscellane ous: Joint Ve nture Tax Re funds $ $ $ $ 22,427 173 Interest 25,000 33,271 133 30,890 124 Re ntals 3 25 460 Gain on Sale of As sets Landfill 105,000 Other 16,136 9,328 24,535 152 11,607 2!! Sub-Total $ 146,136 $ 9,328 $ 58,131 40 $ 65,384 113 To tal Re v e nues: $8,998,4 59 $ 757,874 $6,453,707 72 = §5,667,482 70 I . • • • .. • Portion of Year to Date 67% DEPARTI!ENT OF FINANCE REALIZATION OF BUDGETED REVENUES PUBLIC U!PROVEMENT FUND August 31, 1978 Through % of Last Last Budgeted Current Year to Budget Year Year Revenues Month Date Collected to Date _%_ Taxes: Sales Tax $ 488,500 $ 49,092 $ 363,028 74 $ 298,261 71 Admissions Tax 25,000 1,987 13,143 53 10,228 23 Sub-Total $ 513,500 $ 51,079 $ 376,171 73 $ 308,489 67 Intergovernmental Revenue: Revenue Sharing & Federal Grant $ 655,000 $ $ (12,000 ) (2) $ 169,172 22 State Grant State-Shared Revenue 94,000 Sub-Total $ 655,000 $ $ (12,000) (2) $ 263,172 34 Miscellaneous: Interest $ 8,000 $ $ 16,084 201 $ 17,934 179 Con tributions 80,000 80,000 41 Othe r 57,355 22,350 ....li ~4,078)_ Sub-To tal $ 145,355 $ $ 38,434 26 $ 93,856 44 To t al Revenues : ~1,313,855 ~ 51,079 ~ 402,605 31 ~ 665,517 46 I . • • • • Realization of Budget ed Revenues Public Improvement Fund Through -· August 31 1 1978 Page 2 Cumulative Expenditures Project Balanc e Budget Current Month to Date Avail able Storm Drainage: Gen e ral $ 383,122 $ 54 $ 376 ,281 $ 6,841 North Cen t r al III 566,000 574 551,662 14,338 Little Dr y Cr e e k 400,000 400,000 Paving District /12 4 22,046 22,046 Paving District 112 5 230,500 4,036 226,464 Dartmouth Improvements 26,000 26,000 Traffic Improvemen ts 111,500 6,568 108,315 3,185 Zuni Street 50,000 50,000 Overlay Program 14,000 41 13,959 Lehow Avenue Bridge 14,875 14,875 Parks: Belleview Storm Repair 41,500 1,500 40,000 l:merson }!ini Park 15 ,000 15,000 Handicapped Play Apparatus Sjn c lair Bath House 131,855 118,975 12,880 River RPdcvelopment 3,018,375 15,278 3,017 ,393 982 Miller Bldg . -Renovation 40,000 8,187 8,187 31,813 Senjor Center 827,264 1,092 822,085 5,179 Court/Council Expansion 100,000 8,100 8,100 91,900 Libr a ry Expansion 194,000 309 194,309 (309) Land Purchase Near Eldtrly Housi ng Site 22 ,500 22,500 $6,208,537 $ 40,162 $5,270,430 $ 938,107 I • • • • - • • Portion of Year to Date 67 % --- DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES WATER FUND Through August 31, 1978 % of Last Last Budgeted Curr e nt Year to Budget Year Yea r Revenues -~ Date Collected to Date _%_ Water Sales: $2,264,970 $ 279,920 $1,593,579 70 $1,063,021 70 Other: Connection Charges $ 50,000 $ 1,233 $ 62,501 125 $ 51,840 207 Rentals 8,500 150 2,364 28 6,197 73 Interest 326,000 53,042 364,459 112 5,374 54 Gain on Sale of Assets Sale of Water 200,000 9,644 252,096 126 31,335 21 Miscellaneous 25,000 {9,307) 1,110 4 10,290 41 Sub-Total $ 609,500 $ 54,762 $ 682,530 112 $ 105,036 48 Total Revenues: ~2,874 ,4 70 $ 334,682 $2,276,109 79 $1,168,057 67 • • • - • • Portion of Year to Date 67% DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES Through SEWER FUND August 31, 1978 % of Last Last Budgeted Current Year to Budget Year Year Rev enues No nth Date Collected to Date _%_ Disposal Service: $ 765,000 $ 90,392 $ 580,015 76 $ 463,888 64 Other: Conn ec tion Fees-Inside $ 50,000 $ 3,004 $ 60,042 120 $ 29,592 148 Connection Fees-Outside 500,000 15,985 679,787 136 923,76 2 185 Interest 45,000 45,726 102 32,875 82 Rentals 300 2,550 2 ,410 Inspection Charges and Sampling 7,000 321 6,762 97 10,133 145 Miscellaneous 10,000 565 1, 732 ....12 6,481 _.§2 Sub-Total $1,377,000 $ 20,175 $ 796,599 100 $1,005,253 174 Intergovernmental Revenue: E.P.A. $ 205,109 $ 415 $ 1,799 1 $ City of Littleton 20,500 Sub-Total $ 225,609 $ 415 $ 1,799 1 $ Total Revenues: ~1,602,609 $ 110,982 $1,378,413 ~ ~1,469,141 lJl EXPENDinJRES TO 1978 BUDGET Last Last Annual Current Year to Date % of Year Year Budget Expenditures Expenditures Budget to Date _%_ Treatme nt: $ 246,109 $ (89,696) $ $ 270,940 80 Sanitary System: 77,302 4,375 36,466 47 41,956 68 I • Administration & and General: 1,389,195 665,741 921,022 66 283,290 ~ Total Expense: ~1,712,606 ~ 580,420 ~ 9571488 ~ $ 596,186 ~ • • TOt l'llOM: SUIJICT 1 • • • INTII.offtCE MIMOIANDUM Andy McCown , City Manager DA~ September 25, 1978 Kells Waggoner, Director of P ubl i c Works Traffic Problems Around K-Mart By y our memo of September 7, 1978 we were asked to review the traffic problem at the entrance to K-Mart on Belleview Avenue. Attached is a copy of our aerial photo showing the K-Mart area . As you will note the entrance does have an accel- decel lane to facilitate turning movemen ts off of and onto Belleview . We have reviewed the accidents for the pa st year and there have been only two accidents related to that particular entrance . Only one of those would have been subject to correction by the installation of a signal . In October of 1977 we requested the State Hig hwa y Department to review the location for installation of a signal. Their reply was that a signal was not warranted. Copies of the correspondence is attached. We have been concerned with the accidents at Acoma Street and Belleview , which is in th is area, and asked the State to approve a signal at that location. Even though warrants were met,the State refused and their suggestion was that we exte nd the median to restrict the left turns out of Acoma to east- bound Belleview . The accidents at the K-Mart entrance involved vehicles that were turning left onto westbound Belleview. We could restrict the left turn movements but this, in my opinion, would be an undue restriction and would place more of a burden on the Broadway and Belleview intersection. As you know the City is about to be approved for a Traffic Safety Study, 100% funded by the State, and we will make sure that this particular area (Broadway, Belleview, Acoma, Lehow & K-Mart) is part of that study. Hopefully a recommendation that we can all live with will come out of that study. /:u:_,C_::_. ·--r-, _ Kells Waggoner, P.E. Director of Public Works KW:bjs Attachments • I • • • I . - 0 .. October 17, 1977 Mr. Lout. Lipp District 6 Traffic an4 Safety Engineer Colorado Department of Highways 2000 South Holly Denver, Colorado 80222 Dear Lou: • • • This office has received a request for an actuated siynal on ~lest Belleview Avenue at the K-Mart drive. Since Belleview is a State Highway, I am forwarding the request to your office. Should you so desire, we will conduct a study, traffic volume, accident records, etc. for your information. I might add that the shopping area on Arapahoe Road near South Holly Street has been cited as an existent signalization, compa rable to the K-Mart area. Thank you for your attention. Sincerely , Brooks Taylor City Traffic Engineer DT/lo • I • • - \' • • • • S TATE D EPA RTM E N T OF H IGHW A YS JACK KINSTLINGER DIVISION OF HIGHWAYS E N . H AAS E CHIEF ENGINEER 2000 SOUTH HOLLY Mr. Brooks Taylor City Traffic Engineer Ci ty of Englewood 2400 South Elati Street Engl ewood , Colorado 80110 Dear Brook s : EXECUTIVE DIR ECTOR &TATE: 0'" COlOIIADO DISTRICT 6 R . J . BRASHE R DISTRICT ENGINEER DENVE R . COLORAOO 80222 October 26 , 1977 t303) 757 .D252 Th ank you for your letter of October 17, 1977 concerning the K-Mart entrance o n S H 88 (Belleview Avenue), We have recently completed a traffic signal warrant study at this location , and the data indicates warrants for signal- ization are met at this location. We are not sure as to the reasons for the traffic signal installation at Arapahoe Road near Holly Street since this is not on the State Highway System . As you are probably aware, we require that traffic signal 1~arrants be met in accordance with the MUTCD before a traffic signal is installed on the State Highway System. If you have any further questions in this matter , please let me know . LEL:jh Very truly yours, R. J, BRASHER District Engineer by------£. < ,. -. l 'r./yn--p LOUIS E, LIPP Traffic & Safety Engineer • I • • n , .... • • • • STATE DEPARTMENT OF HIGHWAYS JACK KINSTLI NGER DIVISION OF HI GHWAYS E . N . HAASE CHIEF ENGINEER 2000 SOUTH HOL.LY Mr. Brooks Tayl o r City Traffic En gineer City of Englewood 2400 South Elati Street Engl e wood, Colorado 80110 Dear Brooks: EXEC UTIVE DIRECTOR DISTRICT 6 R. J . BRASHER DI S TRICT EN G INEER DENVER . COLORAOO 80222 C 303 ) 757 -9252 Nove mber 7, 1977 I This letter is to clarify our Oc t ober 26, 1977 l e tte r to you regarding the warrant study at the K-Mart En t ran ce a n d SH 88 (B el l eview Ave nue ). The data i ndicates tha t wa rrants f o r signaliza t ion h a v e n o t been me t a t thi s lo- ca t i on. we r e gret an y inconvenien ce caused by our previous letter. If yo u have an y further ques tio ns i n thi s ma tter , please feel free to con t ac t me. LEL/il Very truly yours , RICHARD J. BRASHER District Engineer by J] ' [ .. ~ ..... _.., z/...,,...., LOUIS E. LIPP Traffic & Safety Engineer • I . • • • • MEMORANDUM TO: Mayor and Members of City Council FROM: Andy McCown, City Manager DATE: September 28, 1978 SUBJECT: SERVICES TO OTHER JURISDICTIONS Enclosed is a report from Hugh Brown, Administrative Assistant, concerning services we are providing other communities. This is the report you asked for several weeks ago. I suppose it is particularly r e lative in light of our conversation at the retreat last weekend. If you have any questions, I will be glad to try to answer them Monday. ''JJ'"''. ~'fi.¥!WA Cit;1~::• ph Attachment cc: Jimmy E. Curnes, Assistant City Manager Hugh Brown, Administrative Assistant • I . • • • • TO: Andy Mc Cown, City Manag e r ~ FROM: Hugh Brown, Adm i nistrative As s istant DATE : Se p tember 27, 1978 SUBJEC T: Serv ices t o Other Jurisdictio ns Pe r yo ur r eq uest, th e f ollowing is the status of agreements whereby the Ci t y of Engl ewood provides s e rvices to other jurisdictions. Current agreeme nts co ver animal control , c ommuni c ations, utility billi ng , the joint fir e traini ng f a c ility and the wastewater treatment plant . A. Animal Control. The City's animal she lter and disposal facilities currently service Sheridan, Littleton and Arapahoe Count y a s well as Englewood. The quest i on o f fai r c ompensation to th e Ci t y wa s las t reviewed in 1976. The 1974 agre ements in effect at that time provided fo r Ci ty reimbursement at the following rates: (S e e Attac hment 0 1) 1. One dollar pe r d a y per a nima l for maintenance (minimum fee o f $35 0 per month f or Li ttle t on a nd Arap aho e Count y , $50 fo r She ridan; plus 2 . One dolla r p e r a nima l dis pos e d o f by euthanasia and cremation. The 1976 analysis of a c tual 1 97 5 c os t s showed per day maintena nce t o cost $1.53 a nd d i spo s al $6 .15 wh ich was considerably above the one dol lar c ha r ged per the 1974 ag reemen t s. New agreemen t s were acc ording l y written whic h were i n tended t o pr o duce revenu es e qual to e x penses. Ag r eeme n ts were signe d with Littleton and Arapahoe Cou nty in 19 77. Th e City has chosen how ever to us e the reimbursement formula of the pr evious contrac t s, one o f whi c h (Arapahoe Count y ) expired in 1975. Th e 1977 Arapahoe Cou nt y agree- ment is used as authoriza t ion t o bill th e Council for the costs of an addition al an i mal warden. Perhaps th is r aise s a t e chnic al legal problem of which, if any co ntrac t is currently i n fo rce . Concerning Sheri dan , the re was correspondence and discussion in 1977 relating to r e negotiation of the 1974 ag r eement; however , a new co n tract has not been agreed upon, and the contract now in effect expires December 3 1, 1978 . Thu s it is desirable t o now review t he animal control agreemen t s , not o n ly in light of t h e term ination dates bu t a l so to clarify and improv e the compensation f ormulas. • I • - • Page 2 And y McCown September 27 , 1978 B. Communications • • • The City provides communication services for Sheridan police and fire depart- ments and for Cherry Hills Fire District. This is no c hange since the last review in 1976 (See Attachment #2). The City and the Cherry Hills Fire District agreed in November, 1976 to a two year contract whereby the City is reimbursed $1,400 per year. This was the figure suggested by the City based on 1975 actual usage. This contract should be reviewd for renewal effective January 1, 1979. As with animal c ontrol, correspondence and dis cussion with Sheridan concern- ing communication reimbursement have taken place but a contract has not been agreed upon. The 1976 review, based on the 1975 analysis of actual usage, recommended the charge for the Fire Department be increased from $600 to $900 annually . No fee was being charged for polic e calls. However, as Sheridan fire and police acco unted for 117. of the 19 75 Englewood communications messages, the recommended c ha rge was $17,000 annually for both fire and police. The current contract pro- viding for $600 annually dates from 1961 and is in effect "until such times that it would deem necessary for the City of Englewood to reconsider this arrangement." As the City is providing a service and receiving reimbursement at considerably less than actual cost, this contract should be reviewed at the earliest opportunity. Lastly, City records indicate payment by Sheridan o f only $100 in 1977. The City should bill Sheridan for at least the $500 balance pending a new agreement. C. Utility Billing Wastewater treatment services are provided for 19 sanitation districts and for three of these -Southgate, South Arapahoe and Cherry Hills Village -the City also provides a billing service. The 12,669 customers of these districts are billed annually and the appropriate portion of the approximately $120,000 received is then remitted to the respective district s. Little, if any, administrative fee appears to be charged the sanitation districts for this service. The processing and cost of billing, collection and remittance for the three districts should be reviewed as well as other adminis- trative services involving all 19 sanitation districts. This problem will be considered in the review of the sewer tap and rate structure that will be under-taken in 1979 . D. IJastewater Treatment. Littleton and Englewood share the costs of the wastewater treatment plant according to a formula reflecting actual usage . The charges for operation and maintenance are divided according to the volume of sewage contributed by each City plus consideration of the BOD and suspended solids content of that sewa ge. In addition, the City of Englewood receives an adminis trative fee e qu al to 3% of the operation and maintenance costs. For 1977, the costs equalled $806,000 with Englewood paying 71% and Littleton 29%. • I • • • Page 3 Andy McCown September 27, 1978 • • • The contract dated July 2 , 1973 is perpetual unless terminated by mutual agreement or by legal directi ve. E. Joint Fire Training Facility. The Joint Fire Training Facility is used and operated jointly between th e City of Englewood, City of Littleton and the Littleton Fire Protection District. Operation and maintenance costs are divided with Englewood paying one-half and each of the other departments paying one-quarter. The City of Littleton handles the billing for the facility. This appears to be the only case wherein another jurisdiction bills the City of Englewood for services provided. The cost to Englewood in 1977 was $5,960. F. Summary. The Fire Training Facility agreement needs further time to evaluate its accuracy and effectiveness. The same is somewhat true of the wastewater plant, although data and experience are now available to evaluate the formula. The measurment of volume and content is routine and not a problem in the working of the formula. The determination of operating and maintenance costs will re- ceive continuing attention to assure total costs are properly accounted for. The areas of animal control, communication, and utility billing are clearly in need of renegotiated contracts to provide fai r compensation to the City. Presently, the City is neglecting fair and potentially significant sources of cost reimbursement. Several contracts are also due to expire at the end of 1978. These include animal control for Sheridan and communications with Cherry Hills Fire District. As noted, portions of the expired Arapahoe County 1974 animal control agreement a r e being used as well as portions of the 1977 agreement. Clarification of the 1977 Littleton animal control agreement is also desirable. cc: Jim Curnes, Assistant City Manager Attachments • I • • - -~ ··J - .· ,... · .. ~ • • • • • 'jCtt EO lJLL fl ANNUAL COST OF Do G POUNO OPERATIO N -1 17~ SALARIES ADM INISTR ATIVE ANIMAL WARDEN TOTAL SALARIES OPERATING EXPENSE S BiLLING AND COLLECTING DEPRECIATION OF BUILDING DEPRE C IATION OF FU RNITUR E AND F I XTURES UTILITIE S TELEPHONE WATER AND SEWER FOOD AND MISCE LL ANEOUS CLEANING AND MAINTENANCE SUPPL I ES T OTA L OPERA TI NG E XPENSE TOTAL ANNUA L CO~T NUMBER OF DO G DAYS FOR 1975 COST PER DOG PER OAY 13 ,7 80 11.53 1'177 • I a 1,000 1~.681 s 14,684 s 146 1 '702 55 580 360 300 1,300 1a250 • 6 ,393 • 21 ,077 .. I • iJ • • • • SC HEDULE 13 ANNUAL COST OF DISP OS ING OF DOGS -19 7:; SALARIES ANIMAL WARDENS TOTAL SALARIES 0PEI!ATI~G EXPENSES DEPRECIATION OF BUILDING DEPRECIATION OF EQUIPMENT UTILITIES TOTAL OPERATING EXPENSE TOTAL ANNUAL COST NUMBER OF DOGS DISPOSED OF LAST YEAR 793 COST PEl! DOG 16.1 5 • • • 410 s 410 • 266 1.372 21822 • 4.463 • 4,873 .. I . • • • • _,. SCifr.llllt [ c COST PER JURISDIC TION 0 ASED ON 1975 LISEAG E -A#tmi+L. C.OA/TfO(... ,1, .'. DISPOSAL SHELTER TOTAL ENGLEWOOD s 1,851 (38%) s 10,328 (49%) s 12,179 ARAPAHOE 1,462 ( 30%) 5 ,269 (25%) 6,731 liTTLETON 97 5 ( 20'}6) 3 ,794 ( 1&;6 ) 4,769 SHERIDAN 58 2 (12'fo ) 11 68 6 ( 8'fo ) 21211 s 4,873 • 21,077 s 25,950 ) % OF USEAGE (,-. . , .. I • • • - I •; ~· • ( • • • '' • SC HEDUL E D MINIMUMS UNDER PRESEN T CONTRACT PER DAY ARAPAHOE COUNTY (12/31/75) $ LITTLETON (12/31/78) SHERIDAN (12/31/78) (CONTRACT OATE) ARAPAHOE COUNTY LITTLETON SHERIDAN s s PROPOSED RATES S 560 MINIMUM PER MONTH I 400 MINIMUM PER MONTH I 190 MINIMU M PEA MONTH • PER DISPOSAL s • s PE R MONTH s 350 $ 3')0 S 'iO I • • • • - /1 1 I 1\'-~''' ·~,_ , ME M O R ANDUM TO: Ma or and Members of the City Co unc i l FROM: An dy McCown, C ity Manager DATE: April 12 , 1976 SUBJECT : CO MM UNI CA TION DIVl SIO N CHARGING The Castlewood Fire Protection Di s trict which i s lo c ate d in unincorporated are as of Arapahoe County h as inquired Into the possibility of the Engl ewood Communications Divis ion pe rfo rming the communication function for th e District . This r equest h as initiate d an an a ly sis by the C i ty s taff o f th e c urrent leve l of ope ra t i on o f t he Co mmunic ation s Di vi s ion of the City and th e users of that Di vi s ion . It is quite inte r e sting In that light to r eview thi s information. rt c urrently a pp e ars th a t use o f th e Co mmuni c a tion s Di vision Is as fo llow s: Message Unils Ag ency %of Use P er Yea r Englewood Police 7 • 94% 444 .963 Sheridan Police 10 ,48% 59,0 6 Englew ood Fi re .27% 46 ,590 Cherry Hills F i re • 96% 5,3 6 Sh erida n Fire . 65% 3 ,6 9 O th er . 70 % 3 , 9·19 T otal 100.00% 563 , 663 The c u rrent budget of the Communications Di vi sion wh ich relate to com- munication central is approximately $150,000 . \~'e have e ttmated that Ca s tl ewood Fire District "ith approximately 600 alarms per year, or an esti m ated 15,60 message unit , could be prorated cost of around 4, 000 per year. The Castlewood District is currently looking at this to decide whether they would like to become part of our communications system a nd request th is of our City Council, This analysis di d bring into mind the comparability of the other· using e ntities . For example, the Sheridan Fire Department currently pays t he City 600 per year for use of our communication central while the percent- age a llocation method would Indicate a charge In xcess of $900 , Ch erry Hill s Fire District currently pays no fee for the use of our commun ications central and a prorated fee 11 ould be approximately 1, 400. More signifi- cantly, the Sheridan Poltce, which pay no user ch rge to the City, would • I • • ( • • • • Mayor and Members of City Council April 12, 1976 -COMMUNICATION DIVISION CHARGING Page 2 bear a Prorated cost in excess of $15,000. The history of the assumption of the Sheridan Police communications is one whereby the City assumed this communication load and trade-off for the providing of an additional frequency by the Sheridan government to the City of Englewood. Our Chief of Police feels that this frequency has no real value to the City in that the City could petition the Federal Communication Commission for an additional frequency without any undue hardship. The Sheridan Police have the alternative of requesting the County to handle their communtcatton load. This could be done at no cost to the City government of Sheridan. The County would be expected to resist this additional burden in their communications, however. They do, according to their Chief, prefer to have their communications handled by the Conununtcatton Division of the City of Englewood due to what they judge to be a higher level of quality. A baste question as to whether the City should be contracting or allowing Sheridan to ut1Iize our communication system at no fee or some negotiated fee up to $15,000 a year should be considered by the City. The City has not contacted any of these entitles at this time, but prefer instead to gauge the opinion of the City Council Prior to contact of these entities. Your con- sideration of what policy the City should have toward providing of municipal services to other local governments and special districts is requested. Sincprely, ~~((@b~ ANDY cclo~ City anager AMcC/p cc : Karl Nollenberger, Assistant City Manager • I . • • • ENGLEWOOD WATER AND SEWER BOARD Special Meeting September 23, 1978 6 A . The special meeting was called to order at 8:00 A.M. By Chairman Gibson . Members present: Gibson, Best, Ullery, Feamster, Witthus Members absent: Schnackenberg, Harper , Taylor, Mann Also present: Stewart H. Fonda , Director of Ut ilities The special meeting was held previous to scheduled trip to the Cabin Meadow Creek Dam area . I. SUPPLEMENT 62 SOUTHGATE SANITATION DISTRICT Request was received from Southgate Sanitat i on District for inclusion of an area containing approximately 13 acres wh i ch is zoned for commercial use . There will be e i ght commercial t aps used to develop this area . The area is located on South Quebec and East Orchard Road . Mrs. Feamster moved; Mr . Gibson seconded : That the Board recommend to t he City Council approva l of Su ppl eme nt 62 Sout hg ate Sanitation District. Ayes: Gibson, Best, Ullery, Feamster, Witthus Nays: None Absent: Schnackenberg, Harper, Taylor, Mann Motion carried. Special meeting adjourned at 8:20 A.M. Respectfully submitted, ( ~;a~ Kay Roberts Recording Secretary • • I • • • DATE: SUBJECT: • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD September 23, 1978 SUPPLEMENT 62 TO SOUTHGATE SANITATION DISTRICT RECOMMENDATION : That the City Council approve Supplement 62 to Southgate Sanitation District. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By ;T~ho_m_a_s~E~.-G~i~b-so-n-,~Ch~a~i-m_a_n ________ __ Attachment 11 • I . ( • ·1 I • • • • I • • l • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION.<S DATE; September 19, 1978 SUBJECT : Findings of Fact: Case #8-78, #9-78, and #10-78 RECOMMENDATION : Pierson moved : Parker seconded : The Planning Commission accept the Findings of Fact on Case #8-78, #9-78 and #10-78, and recommend that these Findings of Fact be forwarded to City Council. AYES: Draper, Lathrop, Parker, Pierson NAYS: None ABSTAIN: Tanguma ABSENT: Williams, McClintock, Smith The motion carried. By Order of the City Planning and Zoning Commission. • 8 I • • • • • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASES NO. ) 8-78, 9-78, AND 10-78, ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE ZONING OF PROPERTY ) IDENTIFIED AS 1470 WEST TUFTS ) AVENUE, AN AREA WHICH IS THE ) SUBJECT OF PETITIONS REQUESTING ) ANNEXATION TO THE CITY OF ) ENGLEWOOD. ) The zoning of the property identified as 1470 West Tufts Avenue was considered at a Public Hearing on July 5, 1978, as Case No . 8-78. This matter was reconsidered at the next regular meeting of the City Planning and Zoning Commission on July 25, 1978, and was continued until September 6, 1978 . The zoning of the subject property was considered further at Public Hearings on September 6, 1978, through Case No. 9-78 and Case No. 10-78. The following members of the Commission were present at the meeting on July 5, 1978 : Draper, Lathrop, McClintock, Owens, Parker, Pierson, Smith and Tanguma . Mr. Williams was not present . The following members of the Commission were present at the meeting on September 6, 1978 : Draper, Lathrop, McClintock, OWens, Parker, Pierson, Smith and Williams . Mr. Tanguma was not present. FINDINGS OF FACT Upon review of the evidence taken in the f orm of testimony, presentations, reports and file d documents, the City Planning and Zoning Commission makes the following Findings of Fact : 1. That a petition has been received by the City Council requesting the annexation of the subject property to the City of Englewood, and said petition is being considered by the members of Council. 2 . That the zoning of this area was initiated by the City pursuant to Sections 22 .1-5 and 22.1-7 of the Com- prehen sive Zoning Ordinance and Sections 31-12-115(2) of the Municipa l Annexation Act of 1965, as amended • • I • • - • _, • • • -2- 3, That notice of the Public Hearings at which the zoning of the subject property was considered, was given by posting the property and by publication in the official City newspaper, the Englewood Herald Sentinel . 4. That the land which is the subject of the Hearings on July 5, 1978, and on September 6, 1978, is des-cribed as follows: Beginning at the Northeast c o rner 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 more or less; Thence North along City Limits line a distance of 20 feet more or less to the centerline of West Tufts 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 distance of 125 feet; Thence East along City Limits a distance of 193 feet more or less to the Southeast corner of Tract 11; Thence 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 c o ntaining 1.08 acres more or less. 5, That the land has been zoned R-3, Single-family Residence, by Arapahoe County, 6 , That significant changes have occurred in the area since the subject property was zoned R-3, Single-family Residence, by Arapahoe County, which detract from further residential d evelopment on the subject property , 7. That those properties to the west of the sub- ject site which are used for residential purposes have already been impacted by industrial zoning and development in the area and the zoning of the subject site for other than residential use will not by that act initiate the impact. 8 , That the topography o f the land and the location of the site in proximity to industrial development, railways and South Santa Fe Drive, a major arterial, are such that any new development on the site would more reasonably be for a use other than single-family residence, 9. That the I-1, Light Industrial Zone District, would be an extension of the zoning applied to the adjacent land within the City of Englewood and would be compatible with the Generalized Land Use section of the Comprehensive Plan and the recommendation of the ad hoc committee appointed by the Planning Commission to review the Industrial section of the Comprehensive Plan , • I • • • • • -3- 10. That a zone district boundary line should not be drawn which will divide land under one ownership, leaving part of the land subject to one set of restrictions, and part subject to another , 11, That the subject site is c o ntiguous to property on the east which, because of its location, is more properly identified with the residential neighborhood to the east than to the industrial area. 12 . That by dividing the City into Zone Districts, each district must begin and end somewhere and the very nature of the zoning ordinance can result in unlike zone distri c ts abutting one another, in which event certain protections ar e warranted which will screen or buffer the more restrictive district from the development in a l ess restrictive distri c t . 13. That the development o n the subject proper t y can be screened from the property a d j o ining on the east by imposing certain conditions upon that development including, but not limited to restrictions as to the location of the storage of equipment, mat~rials, or trash; access, loading and parking areas ; the maximum height of structures and lighting facilities. 1 . That proper notice of the Public Hearings to consider the zoning of the subject property was given; 2. That because of changes which have occurred in the adjacent area since the subject site was zoned for single- family residential use by Arapahoe County, the highest and best use of the property has changed to other than residential ; 3 . That the subject property is bounded on the south and southwest by land which is in the City of Englewood, which land is zoned I-1, Light Industrial and is developed with industrial uses, making the extension of the industrial z oning to the subject site a logical action; 4 . That the proposed I-1, Light Industrial Zone District will con f orm with the Generalized Land Use Plan for that area as set forth in the 1969 Comprehensive Plan and as recommended by the ad hoc committee which reviewed the In- dustrial section of the Comprehensive Plan; 5. That the site will be increasingly affected adversely by its proximity to the railway lines and South Santa Fe Drive; both of which are projected to generate a mor e intense volume o f us e; • • I • • • • • -4- 6. That by the very nature of zoning, unlike dis- tricts in some instances must adjoin, and because this site will adjoin a residential district to the east, certain conditions should be placed upon the use of the site for industrial pur- poses which will create a buffer between the residential and industrial districts and will minimize the impact of the in- dustrial use upon the residential. RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council, that the above described property which is the subject of a petition requesting annexation to the City of Englewood, Colorado, be zoned I-1, Light Industrial, upon annexation, with the following conditions being made a part of such z oning: a. No Building Permit shall be issued for the construction or installation of any building or structure on the subject property or any portion thereof except in conformance with a Development Plan which has been approved and recorded in compliance with §22 .4A of the Comprehensive Zoning Ordinance . b. There 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 equipment, materials or trash, or access other than for emergency vehicles be permitted in the area east of said buildings . e . The maximum height of any structure or building shall not exceed 25 feet above the natural grade of the site. • I . - "' • • • • • -!:>- f. 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. g. Lighting facilities on the property or on any buildings or structure located on the subject property, shall be so arranged that they will neither shine nor be reflected on the adjacent residential properties. Upon the vote on a motion made at a meeting of the City P lanning and Zoning Commission on September 6, 1978: Those members voting in favor of the motion: Mr. Draper, Mr . Lathrop, Mr . McClintock, Mr . Owens, Mr . Parker, Mrs. Pierson and Mr. Williams. Those members opposed to the motion: Mr. Smith . Those members absent : Mr . Tanguma. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION. EDWARD DRAPER I ')-z-t . Vice-Chairman • I . - . / ( • • • , . • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 19, 1978 SUBJECT: Findings of Fact : Case #12-78 RECOMMENDATION: Pierson moved: Lathrop seconded: The Planning Commission accept the Findings of Fact on Case #12-78, and recommend that these Findings of Fact be forwarded to City Council . AYES: Lathrop, Parker, Pierson, Draper NAYS: None ABSTAIN: Tanguma ABSENT: McClintock, Smith, Williams The motion carried. By Order of the City Planning and Zoning Commission. • I . • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 19, 1978 6 () SUBJECT: Findings of Fact: Case #12-78 RECOMMENDATION: Pierson moved: Lathrop seconded : The Planning Commission accept the Findings of Fact on Case #12-78, and recommend that these Findings of Fact be forwarded to City Council . AYES: Lathrop, Parker, Pierson, Draper NAYS: None ABSTAIN: Tanguma ABSENT: McClintock, Smith, Williams The motion carried. By Order of the City Planning and Zoning Commission. • I • • • • • • CITY PLANNING AND ZONING COMMISSION ENGLEWOOD, COLORA DO IN THE MATTER OF CASE NO. 12-78 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE ZONING OF PROPERTY IDEN-) TIFIED AS 1485 WEST TUFTS AVENUE,) AN AREA WHICH IS THE SUBJECT OF ) PETITIONS REQUESTING ANNEXATION ) TO THE CITY OF ENGLEWOOD, ) f" The zoning of the property identified as 1485 West Tufts Avenue was considered at a Public Hearing on September 6, 1978, in the Council Chambers of the Englewood City Hall. The following members o f the Commission were present: Draper, Lathrop, McClintock, Owens, Parker, Pierson, Smith and Williams. Mr . Tanguma was not present during the meeting , FINDINGS OF FACT Upon review of the evidence taken in the form of testimony, presentations, reports and filed documents, the City Planning and Zoning Commission makes the following Findings of Fa ct: l , That a petition has been received by t h e City Council requesting the annexation of the subj ect property to the City o f Englewood, and said petition is b eing consi d ered by the members o f Council. 2 . That the z oning of this area was initiated by the City pursuant to Sections 22.1-5 and 22 .1-7 of the Compre- hensive Zoning Ordinance, and Section 31-12-115 (2) of the Municipal Annexation Act of 1965, as amended . 3. That notice of the Public Hearing at which the zoning o f the subject property was considered, was given by posting the property and by publication in the official City newspaper, the Englewood Herald Sentinel . 4. That the land which was the s ub ject of the Hearing on September 6, 1978, is described as fo llow s: 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 l /4 of th Northeast 1 /4 of Section 9, Township 5 South, Range 68 West, thence East along the North line of the Southwest l /4 of the North ast 1 /4 of Section 9, Township 5 South, Range • I • • • f " • • • -2- 68 West, a dis t ance o f 330.0 fe e t more or less to the true point of beginning, said true point of beginning also being on th e City Limits o f E n g lewood, Colorado ; thence continuing East along said City L imits a d i stance of 165 feet more or less ; thence Sou t h 0 ° Eas t along the City Limits of Eng l e wood, Colorado, a distance o f 660 feet more or less to the cent e r- line o f West Tufts Avenue ; thence West and leaving the City Limits line of Englewood, Colorado, a distance o f 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 c on- taining 2.50 acres, more or less . 5. That the land has been z oned R-3, Single-family Residence, by Arapahoe County, since the early 1960's. 6 . That significant changes have occurred in the area since the subject property was zoned R-3, Single-f amily Residence , by Arapahoe County, which detract f rom furthe r r eside ntial development on the subject property . 7 . That the topog raphy o f the land and the location of t h e sit e in prox i mi ty t o i ndus t rially zoned land to th e north, east and northwest, and to industrial development to the north and we s t, as we ll as t o the railways and to South Santa F e Drive , a ma j or arter ial, are such that any development on the site would mo re r ea sona bly be for a use other than sing l e -f amily r e side n ce . 8 . Tha t t h e I-1, Lig h t Industrial Zone District, would b e an ex tension o f the z oning applied t o the land ad- j oining the su bject s i te on t he north, east and northw e s t , whi ch land i s within t h e City o f Eng lewood. 9 . That the I-1, Lig h t Indu str i al Zone Di s tr i ct c l assification wo u l d be c om patib l e wi t h t h e Ge n era l ize d La nd Use section of the Comprehen siv e Pl an an d the recomm en d at ion of the ad hoc committee appo inted by the Plann ing Co mm ission to review the Industrial sectio n of the Co mprehensive P lan . CONCLUSIONS 1. That proper notice of the Public Hearings to consider the zoning of the subject property was given; 2. That because of changes which h ave occu rred in the adjacent area since the subject site was z oned f o r single- family residential use by Arapahoe County, the highest and best use of the property is for other than resi d entia l ; 3. That the subject property is bou n ded o n the north, east and northwest by land which is in the City o f Englewood, which land is zoned I-1, Light Industrial and which is either developed or planned to be developed with • I • • - - • • • • • .. • -3- industrial uses, making the extension of the industrial zoning to the subject site a reasonable and logical action; 4. The proposed I-1, Light Industrial Zone District will conform with the Generalized Land Use Plan for that area as set forth in the 1969 Comprehensive Plan and as recommended by the ad hoc committee which reviewed the Industrial section of the Comprehensive Plan . RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council that the above described property which is the subject of a petition requesting annexation to the City of Englewood, Colorado, be zoned, I-1, Light Industrial, upon annexation. Upon the vote on a motion made at a meeting of the City Planning and Zoning Commission on September 6, 1978: Those members voting in favor of the motion: Mr. Draper, Mr . Lathrop, Mr . McClintock, Mr. Owens, Mr. Parker, Mrs. Pierson and Mr. Williams . Those members opposed to the motion: Mr. Smith. Those members absent: Mr. Tanguma BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION • • I • • • _y· • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTIO N OR RECOMMENDATIO N OF THE CITY PLANNING AND ZONING COMMISSION , DATE : Se pte mb er 1 9, 1978 SUBJECT : Findings of Fact : Case #13-78 6 0 RECOMMENDATION: Pierson moved: Parker seconded: The Planning Commission accept the Findings of Fact for Case #13-78, and recommend that these Findings of Fact be forwarded to City Council. AYES: Parker, Pierson, Draper, La t hrop NAYS: None ABSTAIN: Tanguma ABSENT: McClintock, Smith, Williams The motion carried, By Order of the City Planning and Zoning Commission. • I . ' • • • • CITY P LANNING AND ZONING COMMISSION ENGLEWOOD , COLORADO I N THE MATTER OF CASE NO. 13-78, ) F INDINGS OF FACT , CONCLUSIONS ) AND RECOMMENDATIONS RELATING TO ) THE ZONING OF AN AREA IDENTIFIED ) AS 1600 WEST TUFTS AVENUE, WHICH ) AREA IS THE SUBJECT OF A PETITION ) REQUESTING ANNEXATION TO THE CITY ) OF ENGLEWOOD. ) A Public Hearing was held in connection with Case No. 13-78 on S e ptember 6, 1978, in the Council Chambers o f the Eng lewood City Ha ll . The following members o f t h e Com- mission were pr e s e n t: Dr a per, Lathrop, McClintock , Ow e ns, Parker, Pi e rson , Smi t h a nd Will i ams . Mr . T a nguma was no t pr e s ent. F I NDINGS OF FACT Upo n re v iew o f t h e e vide nce taken in the form o f tes t imony , p r e s e n tations , r e ports and filed documents, the Ci ty Planni n g and Zoning Commis sion makes the f ollowing F indings o f Fa c t: 1 . That a pet it i on has been received by t h e City Counc i l request i ng the annexation o f the subject p roperty to t h e City o f Englewood, a nd said petition is b e ing consider e d by th e members of the Counci l . 2. That the zoning o f this area was i n itiated by the City pursuant to Sections 22 .1 -5 and 22.1-7 o f the Com pre- hensive Zoning Ordinance and Section 31-1 2 -115(2) o f the Municipal Annexation Act of 1975, as a mended . 3. That notice of the Public Hearing at which the z oning of the subj e ct property was considered, was given by posting the property and by publicatio n in the official City newspaper, the Englewood Herald Sentinel . 4. That the land which is the subject o f the Hearing on September 6, 1978, is described as fol l ows: Beginning at the Northeast corner of Lot 3, Bell Isle Gardens, Arapahoe County, Colorado, which is the point of intersection of the South line of West Tufts Avenue and the West line of 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 • I • • • • • • -3- t rue point of beginni ng; thence Westerly along the centerline o f We st 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 dist a n ce of 17 .88 feet more or less to the south lin e of West Tu fts Av e nue ; thence South 11 °19' West along said City Limits line a di stance of 254 ,55 feet ; thence North 89 °47' East and leaving the City Limits of Englewood a distance o f 304 .1 f eet to th e We s t line of South Windermere Street ; thence South 166 ,79 fe et 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 ° Wes t 52 .1 feet to the East line of South Windermere Street ; thence North along the City Limits a dis- tance of 100 .0 f eet ; t h e nce South 89 °46' West a distance 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 to the true point of beginning, Said parcel contains 2.232 acres, more or less . 5, That the land has been zoned I-2, Heavy Industrial, by Arapahoe County. 6. That the proximity of the subject property to th e railways, to South S a nta Fe Drive and to industrial land on the north, east, south and we s t , is such that industrial z oning will permit the highest and b e st use of the land. 7. That there are no uses in the vicinity of an in- tensity normally associated with a heavy industrial a rea ; rather the uses are of a type permitted in a light indus tr ial district. 8. That the I-1, Light Industrial Zone Distric t, would be an extension of the z oning applied to the ad j ace nt land within the City o f Englewood , 9 . Th at t h e I-1, Lig ht Indus t r i al Zo ne District would b e compatible wit h t h e Ge n e r a lized Land Use section of t h e Compre h e nsive Pl an a nd th e r ecommendation o f the ad hoc c omm it t ee ap poin ted by the Planning Co mm issio n to review the Ind u stria l section o f t h e Compr e h ensive Plan , CON CLUS I ONS 1. T h at proper n o tice of th Pub l ic Hearings t o consider t h e zoning of the s u bject prop rty was g ive n ; 2 . That the subject property has been z o ned f o r industrial us e by Ar apaho e Cou nty , 3 , That th e s u bject site is w 11 located f o r access to th railway and to Sou th Santa F Drive, South Windermere Stre t and West Tufts Avenu e, al l of which makes it a desirabl e location for indus trial development , • I • - • • J" • • • -3- 4. That the subject property is adjacent to land which is in the City of Englewood, which land is zoned I-1, Light Industrial and is either developed or anticipated to be developed with light industrial uses, making the extension of the light industrial zo ning to the subject site a logical action. 5 . The proposed I-1, Light Industrial Zone District, will conform with the Generalized Land Use Plan for that area as set forth in the 1969 Comprehensive Plan and as recommended by the ad hoc committee which reviewed the Industrial section of the Comprehensive Plan. RECOMMENDATION Therefore, it is the recommendation of the City Planning and Zoning Commission to the City Council that the above described property which is the subject of a petition requesting annexation to the City of Englewood, Colorado, be zoned I-1, Light Industrial, upon annexation . Upon the vote on a motion made at a meeting of the City Planning and Zoning Commission on September 6, 1978 . Those members voting in favor of the motion: Mr. Lathrop, Mr. McClintock, Mr. OWens, Mr. Parker, Mrs . Pierson and Mr. Williams . Those members opposed to the motion: Mr. Smith . Those members abstaining: Mr. Draper . Those members absent: Mr. Tanguma . BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION. E Vice-Chairman • I • - • • • • M E M 0 R A N D U M 6 f.. TO : Andy McCown, City Manager FROM: William D. James, Director DATE: September 27, 1978 SUBJECT: Annexation Petition The City Clerk's office is in receipt of a petition request- ing annexation of property to Englewood in the vicinity of 4535 South Santa Fe Drive (Ragsd~~e Annexation). According to the Municipal Annexation Act of 1965, it is required that I inform City Council that this petition is in custody of the City Clerk's office. /jlw cc: Jim Curnes, Assistant City Manager • • I • • ((. • • • - PETITION FOR ANNEXATION TO CITY OF ENGLEW OO D, COLORAD O TO: The City Coun cil of th e City of Englewood, Co l orado Englewood City Hall 3400 South Elati Street Engl e wood, Colorado The undersigned Petitioners do h ereby petit ion the City Cou ncil of the City of En g l ew ood , Co lorado , to ann ex to the said City of Englewood, Colorado, pursuant to and in ac c or- dance with the applicable provisions of t he Muni ci pal Ann exati on Act of 1965, as amended, the hereinafter des cribed r eal prop- erty situate in the un incorporated territory o f Arapahoe Count y, Colorado , and as the basis for said Petit i on would s how unto the City Coun ci l as follows: 14 Petit ioners comprise the owners of one hundred (1 00%) percent of the area proposed to be annexed, exclusive of streets and alleys. 2. It is desirable and necessary that the herein- aft er described real propert y be annexed to the City or Englewood, Colorado. 3. Not less than one-sixth (l /6) of the pcr iaeter or the hereinafter d esc ribed real property is c on tigu ou s with the City of Englewood , Colorado. 4 . A community of interest exists bet we en the area proposed to be annexed and the City of Englewood , Colorado; the area proposed to be annexed is urban or will be urbanized in the near future ; and the area proposed to be annexed is integrated with or capable of being integrated with the City ot Englewood, Colorado . 5. In establishing the boundaries o f the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or •ore contiguous tract8 or parcels of real estate have been divided into separate part s or parcels without the written consent of the landowners there of. N PT. Ci ! I [' -·~ .•• J • ). II ol\ "l r i I I• ·l I I f I • ( • • • • 6. In establishing the b ou ndaries of th e area pro- posed to be ann exed , no land held i n identical o wners hip , wh e th e r consi sti ng of one tra c t or pa r ce l o f real esta te or two or more contiguou s tracts or parcels o f r ea l es tat e, comprising twe nty (2 0) ac r es or mo r e wh i c h , t o get he r with the bu i ldin g s and i mpr ov e ments s ituated t hereon has a valuation for assessmen t i n e x cess o f two hundred t hou s and dollars for ad valorem tax purpos e s for t he yea r next preced i ng th e annexa- tion, has been i nc lud e d in the area proposed to be ann exed without th e writt e n con sent of th e landowne r s t her e of . 7 . Th e propos ed anne xation wi ll not r esult in th e detachment of are a from a ny sc hool dis trict an d a t ta ch t h e same to anoth e r s c hool d ist ric t. 8. In al l resp ects, th e requ ireme nts o f S ections 31-1 2 -104 a nd 31-1 2-105 of t b e Muni ci pal An nex ati on Act of 1965, as amende d , exist or have been met . 9. Th e l ega l d esc r i p tion of t h e land s oug h t to be anne x ed t o th e Ci ty o f Eng l e wood , Colorado , is as follows : '"Tha t par t of t he Sou t h e a st I /4 , Northwest I /4 , Secti on 9 , Town s h ip 5 Sou t h , Range 68 West o f t he 6th Princi ple Meridian, Arapahoe Coun ty, Colorado , d esc ribe d a s follows : Beg inning at th e Northwest Corne r o f th e South 1 /2 o f th e Nort hwest l /4, Section 9; Th ence Sout h 8 9 °54 ' Ea st a distance o f 2176 .45 fee t ; th ence South o•os • West a di st ance o f 4 2 f e e t to a point; the nce South 11 °27 ' West 235.27 feet mo re or less to the Tru e Point o f Beg inning ; t hence No r t h 8 6 °12' West a d ist ance of 4 86 .9 feet; t h e n ce Sout h 10 °47' West a d istance o f 192 .94 feet to a p oint on t h e City o f E n g lewood Ci t y l i mit s line ; thence South 84 °59' East along the Ci ty Limits line a d istan c e of 508 .19 feet mo r e o r less to the Wes t erly Right -of-way of S outh Santa Fe Drive : thence Sou t h 56 ° East a dist a nce of 313 .96 f eet more or less along the Cit y Limits lin e t o a point 30 feet s outh o f the north line of West TUfts Avenue; thence Easterly and leaving th e City Limits line a distance of 47.46 feet more or l ess to th e extended centerline of South Wi ndermere Street; thenc e No rth 11 27' East along the centerline of South WindermPre Street a distance or 219 .71 fee t more or less to a point on the Cit y of Engle'O'Ood City liaits line ; thence Westerly 30.61 feet more or less along said Cit y Limits line to the Westerly ri g ht -of-way of South Winderacre St ree t; thence North 11 "27' East along said City liaits line a distance of 4 5 1 .03 feet more or less to a point on the North ltne of the South 1 12 ~o r thwrs t I 4 Section 9, Townshtp 5 South, Ra nge 68 ~est ; thence ~o rt h 89 54' West along sa id line also being th e City Limits l1ne 204.06 fc t more or l~s to the Easterly rl ght-of -wa) of South Santa Fe Drive; th ence leaving the Ctty L >m its Line South 11 27' West al ong the Ea terly line o f Sou t h Santa Fr Drive a distance of 291.85 feet to a point thenc~ orth 86 12' llest a dtsta n ce of 125.88 feet mo r e or less to the true point of beginning. I • • ( • • • • 10. Accompan y ing the with i n Petition are f ou r c o pies of an ann e xation map containi ng th e information a s requ i r e d by Se ction 31-12-107 (1 ) (d ) of th e Mun i cipal Annexation Act of 196 5 , as amend e d . 11. Pet itione r s requ est the City of Englewood, Colorado, approve t h e anne xation of the area proposed to be annexed. Mai l i ng Address o f Landowner ~ r~. 0 . Box 123 ~~,-~~~~~~~ Buffalo Cre ek, CO 80425 i""~·, -!' 2;'//,l,. -~, I~ I ) ~ ~' '~ llarfJ L. Rag8dal e STATE OF COLORADO COUNTY OF ARAPAHOE P. 0 . Box 123 Buffalo Creek, CO 80425 ss Date of Signature Th e foregoi ng i nst rum e nt was a c knowledged before me t h is ~ da y of --~~~~~---• 1978 , by Edsil Wa yne Ragsdale an d llary L. Ragsdale. ll y Co mmi ssion ex p i r es: Wi tness my hand a nd offi otary Publi c udtn (S E A L) • I . • UNI~ATW AR.4R4h(:£ CWVTY NB6"12 'W 486 .9 ' ENGLEWCXO • • • • J' N N B9"54'w 204.06' ARAPAHCF CO TlFlS /!WE · I . • ( (. l • TO: FROM: DATE: • • • 6 F City Manager -~o~~1 Richard s . W~Director of Community Development September 26, 1978 SUBJECT: Oakley Annexation Petition The petition to annex the land owned by Wayne E . and Wilma J. Oakley, which is located at what will be approximately 4693 South Mariposa Drive at such time as it is developed, has been reviewed by the City department s which would be responsible f or servicing the subject property. None of these depa rtments have expressed opposition t o the annexation and services can be extended to the site. The Oakley property is in compliance with the statuatory re- quirements for annexation to the City o f Englewood in that: 1. More than one-sixth (1 /6) o f the perimeter of the subject property is contiguous with t h e boundary of the City of Englewood. 2. Inasmuch as at least sixty-three (63) percent o f the boundary of the Oakley property is contiguous with the City of Englewood, the land is o f urban character, it is capable of being integrated with the City, and a community of interest exists between the subject property and the City. 3. The City can extend services to the subject property . 4. The petitioner is the owner of one hundred percent (100%) of the property to b e annexed, exclusive of public rights- of-way, and the annexation will not cause a division of property owned by the pet i tioner. 5. The subject property is less than twenty (20) acres in area and has a valuation for ad valorem tax purposes which is less than two hundred thousand dollars. 6. The annexation will not divide property under one ownership. 7. The annexation will not change the school district boundaries --the property wi ll remain in th Englewood School District • I • • ( ( • City Manager McCown September 26, 1978 Page -2- • • • 8. Proceedings are not underway to annex the subject property to another municipalit y, The staff has no conditions which they would recommend being imposed on the annexation, In anticipation of the City Council's favorable consideration of the annexation petition, a Public Hearing will be scheduled before the Planning Commission on October 24, 1978, to con- sider the zoning of the Oakley property, The zoning which will be considered is R-1-C, Single-family Residence. gw • • I . ( ... ( • ... ' ' ' ... • • • OAKLEY ANNEXATION ENGLEWOOD r------- 1 I I I I ' ' CO . ENGLEWOOD ENGLEWOOD SUBJECT Scale I"= 200' • I . . - ( ( • APP LICANT: Enc o re, In c. d/b/a The South Uoor 5470 South Broaduay TYPE OF ACTION REQUESTED: • • - COUNGJ L ACTJ ON REQ UEST f.:!_QlfOR AND 3 . 2 BEER OU TLETS Change of ownership (see comments) POLICE AND FBI REPORTS: PREVIOUS CITY COUNCIL ACTI ONS DU RING PRIO R TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATT ORNEY'S REVIEW: COMMENTS: This action is be i n g required by the State of Colorado. The ownership chang e involves changing the s ta te o f i ncorporation 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 th i s was n o t adequa te and that a new license must be issued (see memo from Attorney General's office.) • • I • • • • • PLEASE DO NOT WRITE IN THIS SPACE DR I. 403 (Rev . 9 /761 • A STATE OF C OLORADO DEPARTMENT OF R f.VENUE APPLICATION FOR :3.2 % FERMEP.l 'I!'ED MALT BEVERAG E liCENSES (RETAIU:O RS , 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 UNT IL THE APPLICATION HAS BEEN APPROVED BY THE LOCAL LICENSING AUTHORITY . IMPOR T ANT : CHECK THE APPROPRIATE BO X FOR THE TYPE OF LICE NS E!SI BE ING APPLI ED FOR . THIS IS AN OR IG INA L APPLICA · TIO N AND A COPY MUST BE KEPT IN YO UR FI LES FOR REFERENCE WHE N APPL YI NG FOR RENEWAL LI CEN SES (]J RETAIL 3.2 % BEVERAGE LICENSE -IN CITY FEE $ 46 .25 0 RETAIL 3.2% BEVERAGE LICENSE -IN COUNTY FEE S 67 .50 0 WHOLESALE 3 .2 % BEER LICENSE' FEE S 100.00 0 MANUFACTURER'S 3 2 % BEER LICENSE ' FEE $100.00 'MAY REQUIRE BOND THE UNDERSIGNED HEREBY MAKES APP LI CATION FOR A STATE liCENSE 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 THIS APPLICATION . EVERY APPLICABLE QUESTION M UST BE ANSWERED . ANY FALSE ANSWER OR STATEMENT MADE BY THE APPLICANT CONSTITUTES PERJURY AND THE PERSON MAKING SUCH FALSE STATEMENT SUBJECTS ANY LICENSE ISSUED HERE IN TO REVOCATION . All ANSWEIII MUST BE PIIINTED IN INK 011 TYPEWIIInEN Socoal Sacu n t y No.-------- 1 NameofApplo cenl(s ) Encore,Incorporated "A Colorado Corp ora tion " ------------------------------Buoon n o TelephOne No . -'3"-'5,_5,_-....:::3.:::5..::9..:1'------- Trlde Nome The South Door Addrns of piece to be hcenled EXACT LOC ATI O N O F PREM ISES MUST BE GIV EN Gn1e at reet and number . where pos..ble If p l.ce to be hcenMd 11 loc .t.cJ In a town or ru ral d iatrict where It 11 1mpoulble to Ql \1 8 atfeet and number. the lot and block number or part o f Metton wh ete loc .. ed mu ll be g•ven 5470 South Broadway • Coty o r Town Eng ] e wood' _ Count) A'-'r'-'a"'p;c.:ah=o::..e::__-::c-::-::-:-:----· Colorii<IO Moolon g Addrou 155 South Madison # 1~ D<.u vcr, Colorddo Zop Code 80209 Typooi Busoneu 3.2 % Young People 's Ni h C lub 6 Do )'Ou h...,e legal po ~~eu l on of the pt"em i ses tor .;t11ch U'lll apoliCIIt iOI'\ tor licente •• mede? -,-..:Yo..;e::.:s=------------------ 7 N e th e preml ... owned or rented ? Ren d __ tt rl"ted trom whom? -,-:G='r=:'a=s:::-;:::;:o.::k:.::e'-'''-'I:..:n:..c::...:... --------------- 1•1 E-uvo d ate of 1-8/8/76 (b ) E•por at oon Dolo ol Lo-~ . .:..7L/.:::8..:l '--- a UnderCRS f973 ,12-46-117 (TOBE FILLED IN BY RETAILERS O NLY) ttKl ) The toc al l•cen~ng authon ty , t.ueo upon one of the foUow•ng cl-..4flc•tOna spec1f1ed m the apphcatton lhall rn tr•ct th e uM of aa.d llcen M to (It) Safee toroonsumpt1on otf tt'Mt pretTute• otttw licen .... or (1h) Satee for conaumpUon on tne prem, ... ot the lie«~ .... or (l v ) s. ... fof con aumptK>n bOll'\ on end ot1 the pr.m1M1 of the lioeniM (v) The ptOYteion s of ttua peragr_, (e) ah ell not .,ply to any licenM luu.a or applied tor undef this 8111c .. PJ•or to the e tt.ct•we d•• of th is paragr-.,h;nor to .,.,. ,., .. ,,or ~eeu~nce thereat Effect•"~~• date -Julv 1, 1967. Check~ 0 rll 0 11 109llcent (a) or all otfic.a of tne ~ratton cn•t enl s ) o r the uruted ••• o f Alnef•c • t ----'Y,_,e::.:S"----------------- 10 lo -llcont a rwldonl o f file Ill•• ol Colorado? ____ yo;.,,_'.,s---------------------------- 1 1 Will ~u ln .... l end keep • a coneca lcuoua piece on the outlide of your Mttmli.nment 1 si gn w•th len.,. not emalt« th., ten lnchM MC:Ih , contalftlno the tonowino wo rd o "ONLY 3.2 '!1. BEE!! SOLD HEliE"? (APP LI ES ONLY TO RET AI LERS \ __ Y~e=s---------------------- 12 Are these prem1 ses now licensed under the Slate L•quor Law or the Color•do Beer Code7 Y S If 10, to whom 11 the licenM •MU«<? Enco re, Incorporated 91 •• u ...... No 11-86979 13 00 YOU H f<VE f< COLOAf<OO ST f<TE SALES T AX ACCOUNT? YES c:i< NO 0 IF YES . GIVE THE f<CCOUNT NUMBEII 11-8 979 1a loony -_..,.,.., In oofilng or di -einG o f -led Moll --by on v of file -ucento In "'" buol-tor ""lc:ll thlo~lorl ••-under' file eoe ofolg-_.1 ______________ v .. __ ...,_x __ • • I • • -• • • 15 Has the appltcant , or any of the partners, o r any o l the oN tce•~ .•. : ... ,.ho loera or a• rector• or s11 •d ap pltcant (tf •' •s a corporation ) ever .:.~_,11 convtc ted of a en m e tn the S ta te o f Colorad o or else whet ~l ·------Yes -·-No __ x_ II S.J SI<Ue lull detatls -------------------------------------------- 15 Hu' the appltC ant , or any ot the Pi\rtners , or any Otftcer , dt 3Ctor or stockhold er of ,.,d applicant (t f •t Is a corporat•on) e-.~ttr (aJ been den•ed a license under the ltQUOr law of c ~~d_o_o_,_._n_vo_th_e_r ~,.., ----------------Yn --No __ x_ (b) had an alcoholic beverage license auspended or revo ked., ----------------------Yts __ No __ X_ If the answer tS yes , e ,p la•n full)' (attach teparate sheet , il nec$ssaryJ 1 / Ooes any manufacturer or wtlolesaler have any d tr ect o r mdtrect hn.;.,ctal mterest tn tl'le D ~sm ess lo r wh oc h lh it opph cat oon lor loctnse io mode ? ----------·--------------Vos ___ No __ }:_ 1A Do you have any lt n ancull tnterest d irectly or tnduec lly tn any o us•ness en gaged .n tha manufacture or wholesal•ng of Fermented Malt Beverages ? ----------------------Yeo __ No __ x_ HJ Ale you rece•vmg d trectty or tndirecUy any l•nanc l at ass•stance , equipment, l1 xt u res. c h a1ht ll, d &corlt tons,or turntstungs used '" th e ato r- mg , handhng , servmg or dtspenslng of food or Fermented Matt Beverages w lthm !he p temttes or 1ny -'ructural change '" th e bwldtng , e.:cept ••teuor signs. from any manufacturer or wholesaler o f Fermented Matt Beverages ? Yes __ No __ X_ 20 Ale you mterested in any bank mg . loaning or financi ng company? Yet __ No -~ 2t II the ~PP I•cani i S an Individua l answer (a). (b ) (a ) _________________________ ___ Name If manaoet o t the businesa ts not the applicant answer (b ) Home Addreu C•tr Date of Sinn (b ) Name Ho me Address City Date of Bif1h 22 It the applicant "a co~pertnerahtp, answer ·(a), (b), (C) (a ) Neme Hol"le Addrft !tS Ctty Date of 8 111h (b ) ____________________________ ___ Name of Manager Date ot Sinn (c ) When dtd sa~d p.rtnershtp commence dO mg busmess and submn a cooy of Plrtneratu p ~reemant7 ____ (Ex c ept husb and and wile o•rtnerthlp ) 23 . It the apphcant 11 • corpote Uon •nawer (a ), (b ), (c ), (d), (e ). and (t) (a) Organ lzedunderthelawsoltheState o t Co l orado . Date May 3 , 1977 (b) Pnnc lpal bus lneso •• condu cted ~t l55 S. Nadlson # 32.:County ol Denyer . St ate ol-.lC<Jo,u,;lollkr.llao,d!!.o'------ (c) Olle ol fthng last annual corporate repon to the Secretary o f Stat e ~ -.J...2]_7 ________________________ _ (d) Name Home Ad ore.ss City James J . Pe r son Ja mes F. Kos miski Jimm:,r S T ru j ill o Larry N P p nca n Kenne th M K e rshaw Pres ooun t ~0 f illmo r e; ..12~------- Voce.P•esodent 25 Brookside Dr; Littleton Treasu•er2_636 S . Eaton P l · ~-\.Cio----- Secretary UIJL.S... Newark C t · Auro ra Manager 2986 S Parker C L~oLU.r.ca'------ Det:e of S.nh _7/26~_9 __ 12/2/37 7/6129 ~--.AL1.5,._/ ..... s..._3 ____ I•) Li st all stockholders ownmg or controlling tne Cap•lal Stoc k ot the Corporation (Include actual o wn er o r pledgee) Use Nparalt lhHt II n ~ Perc 8flt ol Dale or Bu1tl James J. ~~on 860 Filf~er~~~r:'~':,~"Y 512'6~~ned 7i"'6,?-41JY•or -~J~a-m_e_s~F~.~K~o-s-m~~-s~k~~----~2"'5~B~rooks1oCl:i-r-.-,-u~t-t-~1-e_t_o_n ____ Ltl-:lr 12 /2 /37 J1~y s. TrUf[Iro 2636 s. Eaton Pl.; Denver 26.6 7/6/29 ~rora 26.6 /4/45 Out• of Btnh 860 Filr"m(M\rf"mri';j'h~'Y ~1 g74'(r"' -~==~~~~~=-=..-.-------.2Silrooksld6 or.; LHtlelon---------·r-.!~/~2~/~3~7-------- .,...,....,,_,,_....,..,...,..M-...,.,------,:rr.•t;Jo-s . Eaton Pl.; Denver 7/6/29 James J. ~rr~on Ja mes F. KOsm~ski J l nuny s. Iru)ttlo Litrry N. DUncan 2 141 s. Newark ct.; AUr o ra 2/4 /4 5 24 Wh en dtd yo u pureh ... or ,,., operlfiO Q th1 1 b ut 1nHI1 Oct?/)/ 2 J) II If purctlaMd, from whom? 25 Gn1 e t l'\1 n ame1 of three rlllf)Onllble chwact• ref.,enca w~ can YOuch for )'O ur q u alifiCafiOnl and dlltrabll•ty u 1 h;enMd operllor lhowtn g the number Of YMfl you haye known Meh L. R. Muller • 1740 Broadway Nwne AddrHa Robert F. Wilson 818 Seventeenth S r eet N.,. Drover C•t ~ Denver Co l orado Stato Co!orado 4 No of Yllfl Known 3 Chuck Lehman -Ad dr .., City Sla!o 1515 Arapaho~~t-J#~5~3~0~~P~e~n~y~eur~ ____ _JC~o~l~o~r~awdwo~-----~~~~~=:---- Addreu City St1t1 HD ot YMrl J<nown No o f Y1111 Kno wn • I • • ( • • - 26 list be:!Ow your buainaSI or employment record fo r the put ft ve ~.,.. f ''V' ~ Addr... You r Position o. .• Em p loyed Immediate Supervteor IF THE APPLICANT IS A IIANUFACTUIIEII 011 WH0°.E&AL!R, ANSWER QUESTIONS 27 THROUGH 32 . 27 St ate smc a whll d at a ..,plic ant hu occupied pn!lmises to tHt llcented 28 St ate whether .ppllc.,t ownt, leaaet o r operates any warehouM or Jtorege pi Wit In connection wilh Itt b usinau -------------- If so , slate full ctetllila regwdlng aeme --------------·------------------------ 29 Does any of the applicanta . or a'1Y o f the •1artnara , o r en y officer. d irector or •ockh o lc:Mtr o f Hid -.,pllcent , If It It • corpor•ton , have .,Y direct or Indirect finW"tc ial intereet In the b usineu of M lling mah . vi noua or spinto us liquor at retail ? YM ___ No __ _ 30 Oo'ls any per.on or complf"'y In W'IY way interntec:1 1n Wly o ther w inery, brewery or dl!.lll lery , o r any retail liquor establishment , own , a•thef directly or Indirectly. in whole o r In pat1 , the buildi ng or p rem1M1 to be oc cupied by t ho h usinets or any fixture for wh ich thts applicat ion lor hcenM i s made ? YH __ No __ _ 3t Does any o wner . pan owner .lhareho ldef or pereon in W'IY ,..., interes1ed In any other winery , brewery, d istillery, or re1ailllquor est ablish· ment , have an y dnect or lnd trec1 ftn 8n ct allntefnt tn the buslneu tor whtch th ia applicat ion tor license Is made ?lt 10 , give p.,lc ul•• Yn __ No __ _ 32 US E LAST PAGE TO EXPL AIN ANSWERS GIVEN TO QUESTIONS 29 , J0 or 31, ABOVE . (The lollow lng aH idavil to be signed end ..:knowledged by Individuals end each member of pannershl ps and by Corporation .) STATE OF COLORAOO Larry N. Duncan 1ltXk being by me f~rst duly sworn, If fo r h imself . deposes and aay s ; l hat he i slhe applicant above named ; or !hal he is Vice P r esiden t and Secretary of th e above n am ed corporalion ; lhat he h as read the foregoon g appli cation and lhat he (Title ) kn ows I he contents lheraof , and that all ma"era and l hingslherein sel fonh are I rue o f h is ow n knowledge and he ag reeslo c onform 10 all rules and rogulal ions promulgated by lhe State Depanment of Re venue in co nn ection therewith . lnciiYidua .. and 811 _,.,.,. of P81t.-ehlp Subsc ribed and sworn to before me _, 8len ...,., th is _..c.7.:;t.:.h:...._ _______ day of ..Seytkmber /' , . I J .. . t 9...l.fL . ,' / ' It ( ' ----------------------------------(CO~;>OR:'TE SEAL) (Sognature ol Nolary Publi c ) Al l ach Se al Corporation 8len hera Encore , In corpo rated -=-__ .c,.,.. __ _o.... __________________ _ (Corporate Name ) 2/2 4 /79 ·' -, r / My Commoosro n ex;>"""------'--------------By ' (PreSident or Secretary) REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (MANUFACTURERS , WHOLESALERS AND RAI LROADS DISREGARD THIS SECTION) Tho or~ginal app lication naa oeen exammeo ana I he premoses . busoness conoucleo and character of I he applicant Is satisl.ctory. and we do rapon lhal such license . if granted , will meet l he reaoonable req u~re menls of lhe neighborhood and lhe deSires olthe inhabitants. and complies wil h l he prov1soons of Tille t2. Miele <46 , CRS 1973. THEREFORE THIS APPLIC ATION IS HEREBY APPROVED DATED AT -------------THIS -----DAY OF ----------AD. HI ------- (NAME OF TOWN , CITY OR COUNTY>---------------------------------- BY (MAYOR OR CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS OR OTHER TITLE OF LICENSING AVTHORITY I ATTEST (CLERK OR SECRET AllY OR OTHER OFFICER HAVING THE OFFICIAL SEAL OF THE LICENSING AVTHOIIITY I (If the pramiMS are located wilhin a town or coly ,lha above approval ahould be signed by lha mayor end clark ,lf In a counly,lhen by the cha1rm8n o f the board ol county commi 1110ne<a 8nd lha clerk 10 tha board II , by ordln8nce or olherwiM ,Ihe local hcan11ng author~ty laoome othar nffocial ,lhen ouch approval ahOuld be given by auch offoc1al .) USE THIS SPACE FOR ADDITIONAL COMMENTS • • I • • - • • • • • • • A1'TACHEMENT U SUPPLEMF:N TARY INFORHATION Currently Held Licenses: 11 a.) Encore, Owner - License b.) Encore, Owner - License c.) Encore, Owner - License d.) Encore , Owner - Incorporated Operator Issued 5/26/76 Incorporated Operator Issued 7 /15/76 Incorporated Operator Issued 3/22 /77 Incorporated Opera tor Lice ns e I s sue d 6/30/7 6 Previously Held Licenses: Larry N. Dun can General Partner License Issued 2/76 Business sold and license transferred a9 of 6/77 Licenses Susgended or Revoked: NONE Di sco/N~ction -Pueblo 4301 North Elizabeth Pueblo , Colorado 81008 niaco/Nec tion -Thornton 900 East 88th Avenue Thornton, Colorado 802 29 The South Door Disco 5470 South Broadway Eng lewood, Colorado 80110 Disco/Nec tion -Sioux Falls 3201 South Carolyn Sioux Fa lls , South Dakot a 57106 Pogo 's of Ft. Collins 1220 West Elizabeth Ft . Collins, Co l orado P.0 521 • I • - • (10) • ) • • • ATTACH!oiEN T #2 Encore, !ncor:;;orate·l is operations of The SouL~ Fred S. Alexande r , III 8405 East Hampden U9H Denver, Colorado 80231 1. 5\ the General Partner and has comrlete control or t he Door . The following is a list of t h e Limi.t~d Pa r Lners: Harry R. Blair 11355 West 76th Dri•Je Arvada , Colorado 80005 1. 5\ Zelda N. & Ray c. Bransted 50 0 Est0 s Street Lakewood, Colorado 80 2 26 1. 5% Elbert Rus se ll Gragg 290 3 South Ma~on Denver, Colorado 80232 1. 5\ Richard 0. Hardy 1 2 34 South Yo semite Way #88 Denver, Co lorado 60231 1. 5% Betty L. & Ken ne th If . Jes sen 2423 South Kirkwood Court Denver , Colorado 80222 1. 5\ Beverly R. & 'I'homas 11. King 290 Marshall Lakewood, Co loradv e022 6 1. 5\ James F. Kosmiski 25 Brookside Drive Littleton, Colorado 80121 12\ Encore, Incorporated owns 51\ of 'I11e South Door and has 100\ control of all operations Geraldine P. & Paul M. Kugl er 4575 Lakeridge Road De nver , Colorado 60219 3 \ Herbert K. Lehman 210 \\e st M?.in Riverton, Wyoming 82501 1. 5% Bruce r.. Mi l ler 3251 South Zuni Englrwood, Co lorado 80110 1. 5% Lenore M. N<:!lan 8 800 Meadowlark Drive Lakewood , Colo rado 80226 3\ Patricia & William Park 4 62 5 11es a Poacl Cascade, Colcrado 00809 1. 5\ John Potarf 6868 South Prin ce Ci:-c le Li t tl eto n , Colorado 8 0 1 20 1/1% El l en S. & Andrew J. Ro y J 686 South i<l in<> Co art Lakewood , Colo rado o0226 3-. Jw1" B. Stovik 6442 South Birch CirclP Littleton, r ol o raclo 80 1 21 l. 5\ Betty L. & J~e A. Wilcox 920 West Arapahoe R.:>ad Littleton, Colorado 80120 l. 5\ • - I . - • • ) • • - O"lCOoi-C IRe" 11/Hil STATE OF COLORADO • DEPARTMENT OF REVENUE LIQUOR LICENSE APPLICATION ADDENDUM To be completed by each mdtvtdual, partnershtJJ, or corporat•on lifluor licensee. NO l1quor license renewal wtll be processed unless .all quest•ons are co m11le rely answererl. An'( FALSE answer o r statement made by applicant con· stitutes PERJURY, and the person maktng SU Cfl false statment subjects any t.ce nw issued herein to~ 1. Name of ltcensee · Encore, Incorporated .. A Co l orado Corporat ion" 2. Trade name of Establishment: ....:.'I'h::;e::....:S:_::o:_::u:::;th::.....:Oo=o.:.r __________________ _ 3. Addr~ss of Establish ment: 5470 South Broadway; EnglewcxxJ, Colo rado 80110 4. liquor L i cen~ No .: ~11,_-_,8:.:6.:.9.:.;79:.._ _______________________ _ 5. Do vou h:.ve legal possesston of the '•censed prem•ses' --••"-•'---------------- 6. Are the premised owned or rented ? _.;.:Re::;nc.:t:.:•:.:d'---------------------- 7. If rented, from whom · Gras toke, Inc . 8. Effective date of the lease · _ _,8,_/"8.._/7'-'6'------Exp•ratton date : -=8.._/7'-'/'-'8"1'---------- 9 . Do you or any member of your •mmedtate fa mil y !fa ther, mo ther, brother, sister, children) have a financ•al interest in any other liquor license or'" any corporatton r'lat holds a hquor license ? (Such financial interest to mclude any equuy, in terest o r loan .) If answer •s yes, expla•n tn detail. [XJ Yes 0 No Name the other liquor establishment 1f vour answer is yes : See Attachment U 10. Does any penon, firm or cornorat•on have a ftnanc1al tn terest in vour busmea? (i} Yes 0 No 11. If the answer tS yes. state the name , and the addreu, of the pel"1on ho ldin g such financi1l intemt, .,d show the amount of such ftnancta ltn tert>st Sre At ta chme nt 11 2 12. Amountofyour•nvestment tnthebuil ness Ongtn ally l\-SL365 .00 and 100\ of Encore•" time 13. Pefcentage of ownership the ab()l.e wdl represent 14. An you now 1n ecuve ~rt i C i pant 1n the manaqement and operation of your licensed prftni .. 7 Yn 0 No 15. If someobody else w1ll manage vour establi shment, q1ve name, add~ss . dtte of btrth of the MANAGER , atnd aJ btTUt copy of the "Mana!}ement Agreement · wtth th1s quest1ona~re . Kenneth M . Kerahaw; 2986 S . Parke r Ct. J Aurora , Co lorado 008 4/15/5] •Maneqernent Agreement" previou.aly 1 ubmi.tted to both a tate end local liquor lic ena1nq authorities . 18. Old you enter into 1 "Management Lease " agreement w1th your m~ntger or env other person7 0 Yes No. If the agrHment 1' In wnting, tttach 1 cony • I • - • ) • • • Page 2 ·continued LIQUOR LICENSE APPLICATION AODENOUM 17. Hwe you ever held or do you hold a-~y financi1l interest, direct or indirect. in any retail liquor est.:.b/;sh rnent, distillery, importing or wholesale liquor licen•l 6iJ Yes 0 t<o If so explain : See Attachll"'ent" t!l 1a Atta:h copies of any wrir.n .-mentor details of 1ny oral agreement, by which .,Y person {including a ~tion) willlhare in the profit or groa proceeds of this establishment, and cuw agreement relating t o tt. premi111 which is contingent or conditiON I in any way hy volume, profit, sales, giving at advice or con-adtation: IJ.m.it~ Partnersh.ip Aqreement previously submitted to both state and local liquor licens inq authorities . I ooderwund that a false an~~~~~Wer to 1ny of the foregoing will atbject the JPPiic.rion to deruat or a lic::ene rwDC~~tion . I certify that all the information an thisipplicatlon addendum is compte•. true and correct. Enextre. Inc orp:>rated Cofpor •te ,..,_ ·~ ,-,.~,,~ .... ~ -r~- S e pteft'ber 7 , 1978 Subscribed and sworn to before me th11 • ~--< (~ •' / .. ;-r·, ..:..::....-~ / :~r . ..._.:""f •• ,/ ----'-7-"th"------dav of --"s"'e""p.:.te'-'ri>=e.:.r __________ A.D., 19 _.;.7.::;8 __ _ My commisw•n expires : __ 2..;.1_2_4:..179 _______________________ _ • I . ) • • - I J<Oi o I ,ljf:;l1..1"H :.r ~·-... ~c l t l)[.r o.._ IIIPC.IS ~.~ ,,,.,f ... c .~ ... etL.L GoRsucH , I~I RGIS. CAMPBELL . W4.LK!:R <\ND Gn,lVE R ATTOR NE YS 1\T Lf.W h •, ... ._( ..... l iH .R,Jq -, .. , l ' C. -:;,)V(IP, ~ -1' , l'";; •!>V "' J .. , '"· • ~, 'h•LCII u ;;. •t.f ..... l[!'--, ·•( I'"''-' t f r t.R ~· ~~~ CJ I 4 1=.'l 1' .J..,1 ... -••'"' 14 (/N i il"'O f'f ...... , f ~ oi5 •. Hft[l1 1 I r r: "1\)fH f ''~"[ • .. N .J •".JL '·~~'"'·Jq O.l n ~ ;.J RS t.,n.:~o~ ~,,, • .,-.:: .., .. lfJ.'LN •• R ,, r, •! !If 1\ 'llt:I N'\"I't ~ A (..i:! .01 ..J r APf 1 1 [ ""C-(l.•(r (I .1 \~Zl (" I: £0• ~ L ~ ·Jr • ;; t;o!· •on rleT.GOil 6 18 SE Vf.:N T t:E,._TH STi i~[.T DENIIE F',COLORADO 80202 T EI.l P•-tC N E .3.)3 1 '5 '14 · 1700 J uly 28, 1978 Hand Deli v f'!ra<J. ·:·r -;:•ut.·l J>i r e r;t:or Depar tmen t o ~ Hoven u t- J.~·tJ.n q '-"i :Ec t o r r.i q u cr L t.cen aing ;; Co ntrol Divi11ion f -~t.<t CatJito l l .n a~~:<, I:;}ODI 4 0 4 1..'•75 i:h e rm.'l n "''=rer1t ~8 nv~r , Color a uo so ·1 ~1 ~u: i-:w;o1·e l ncort:..:>ratec.l -rtf!l n t~Wlll .-, f Licen•et' t-o liflll l''e .rme ntod Malt n -.veJ:Ag "s t;c 3r Hr , !l erctcm: JC'I•"· .1 .tt floG .J ,. C .,., •. "'G I.NOWP.\: ~ .... c._ ... '"' 1.o ,un t 111 ST £•.-~c~ .. ~ ..,L'Il C .t. .. 0 &\dD .,. PC..vit:• •• N O hUU ' w 1.5C'•"- ~~~ u ..... , ..... £ ..... •. BPI A.r . l C .II ... P~[, L ''(•''"''""" II.L i t:o "'"I TH t.4 C ~'<OU C .. ••tc r•r L .J , w•c~ .. l -••. u•u tM """"·NI (ro{JI 'f, {'IIJl [l-•JJ.,1[j:1( \ ... 1 S " J AIH 0'-1!1<1 t.#f • s co •. .-.,. .1011111 C:. l t <('>M~J,OI• CUNr ,::,, P. ·~w n \ l l(Y 'r C'.t. ... I "C flAQ8 A QA $ I J.t.Nit$ aRtiC ( .,.. MCr,;o•l''l A.I..,C'"r~ ~ C()lVl'll.,. S""(C:.t .. ~ COUfO S (L "i'h i r; f irm r l!loreAen t A Rne o r.., In c!'rtXJr"t"d (•Jo!nC'(lrft"), &f'tl.i , as t h& r e nult of a n in !'onnal .lll!o.tt i n g ll r.·!":--" ·~h.; ''"':!"':·.'~ '.r,r~ r '1r I."!rr-y .1\,r.·:llll of Bnc:u r e ,.,.,~ "ir . ,,-.; !u•. •" ··:. (,'! t r,.,. " i.,t.o n •:1 .r:\.'y ;:5, t1 l i:ttt th.:il .l ..Jh~~ a ~-..._~.,~ ... :l~t .,..,~ ·~.v ~:; .. ·-~ .. · .... -~.:, ! ..... ~.. l:i -'-H '.; • to..:hnic~l cr.-ntrovrraoy h etwe11 n m.1 c:l~ .... mt lllrt~ .-. c t:.it•J.aion 11t.ar:~ • ... -,;_..u f ·.t lly, t"ti l!l irtquiry wiJ.l r e ~: 1:t ·· ::.t, t .l•.o .:nr.• :;~ : :.: l':'n-lu ~:!.011 r.i" l.n f • n•clt:t:~r. Hr . Kttnt •:now" o'l ·tt !~o: !& r \" r r~ .. c:·"'llt.t ovurll ':' c<Hc•.:.:.r•u• wt·..;.t:h<!!l' f-,;·,·,1 ~., l ;J \':" ~'" t·~, ;!_·;::,~ t.t., 1.19 i n _, K'o.<~ oriqinu l l>p p l ic-~ti(li18 for 1 ic ... 1:!1<"•3 t, •• " 1 1 "errniOlntJed l'l!l!.lt :,•..,;.f e r li QttiJ ror cu;ch l"'f thr~tr ~.,.on.r":[h.l<m~ l_, •"~t.l t '" rt•l""i 1CrCllti or~ ·.•.:.thJ.n +;~·w st~H:e .. .,l,tly by rtt.•uwn ot tho f n ct. •.h bt i Js uov a Coloraao c.:crporllt:1.c.•n r r.t:her thnn ll '1l..nn·r.t c:u~rnt 1 r·l·.. r~-,r the :; ~.'1~ nnu e xprew P.tHl 'lfllra ~ n, ""' rftl'l r..f-.-.•!111 J •r r t·q\H'';t . !'1111 ··:.ll r t.,.~r t .~.:tn t u x erci~e .l:!i *'~'t .• .Ldat:t;.,t.i • • :•J.I'r~-<l <to:. '!.no ..... J, -, r ,,~.,..Ji·v t:•1 c:o: t:~n~.:.e 1 ttt prP.IJ'l ~ct: 1 ~.-;eor..ll.t~fl in ~<')ll ::"n;:~n liNt &t!'..,.,;t v! ·cttc.-:.lt. t ~1« no!'Ciltlsity of 11o!.:t g thrnu~.h f .::.:~· I} U"''tl t .r ~ll lic "'l \"etor•p lic<lt \nn .; tor uriqJual lJcc noes. ~e bfl!liave A hr.te! hiatory and he,.,kg.-c·.•m 1ft • r..,,...,l\n ' I'U t thCI probl \lL I Jn proper t:tiTii'~~=ttV•' inl!!ofar llA n ur cil~n f"'~;; i .1tet~"l t. .tt·" c n •t~..o.u ·nttd . ~;,_.or"' wn111 nrt.<;j.rtl\l ly ~c :-m•··l .t.\ ;\ <·l ""· rc C"l~ ,:u1 a•:l•l'l t.·· r nu ther ll toriiP'f , nhnrtly f·l ,~r,,,_,.:nr, t.hrt [.>r incir .t.t:.l of .t:nco:-e .:ar•e to tJ'I:l.ffo f irrr Anfl C'fHJliCJf'~ ns t•, .,,...n <'!h• '.'''r".tl!r "·~ crtrpo'l:"llee <~!tllirs. l 'htl princJpa ln wa ro~~ Wi&.r•"rjt l".a tl~ ""hY th o ot,1o r &ttct·nay had utili••d a Dl.llr.,.·a ro corpo r~t it:ln , httt, M int.•~ • I • • • • Mr. Steven Berscn July 28, 1978 Page 2 ,. ) • • • they had incurre:! signlt!i.:ant t:.-uu in connactio:1 \d th such in::-or- poration, it wan 1Bcide~ to utilize thP-~~tAw~r~ coroora•ion. Ita had info:::-mally raioed the pointo t h at in the lone;-run ~ Colorado corporat!cn might be l*'!!lll ex!)~Jlld ve i r. tur-r.s ot c-orporate annual te~s and ~.~ a MOro acc@pt~hle !~qnl entity to ~ocaL lic~n• ing a-atho:w:itiP.!I. ~'fe proceeded to ~clo~:an up-the technical ~specta ot tho nelaware corporation go th~t it coulj ope r ate in Colora~o. This ~as ~ccomplJs~e~ in late 1~75 and early 1976. Th~raatter, r r:cor8, as 1\ D~l~twarC'Ji corl:\Or.ltion wa!> issuecl licen- !U?3 tor l oc 3tiona in Thornton, I'u~blo . ;,r,., e:n<;l'l'W()Ocl , Coloraac.. In early 1977, the princi!)als of. P.ncore c;me to t'le c.lncluaion that incorporation in ~el~vare wam not practical or appropriate tor the! activities ot Encore, and it ~-tas dl'tcic:1e<l that it sh.:>ul c ':-e reincor:x.ratE.1 i n Colora<1o. .:\t that ti.me r.h~ shareholde::-e, o~!'icors .1nd .:!i r <1c tors of F.nc,re • .. hua •A r,-~'Hlrs. -Tin t'P.r •on, Larry D•lnclln and .J1.m:-r.y 7rujillo. Wo advi<~e d thr\t the 1:\e rgar of the Delaware corporation i nto a CcloraJo c o r ~oration \IOUld be the r:~-:!';t ~ractic11.l al tc~:-'1at1 ve si nee tor t '\X pu rpo:J~B ! t would bC! a t .:uc-fraa ~ J6 a(,, l ( 1) (I") r.eorganiaa lion -11. .-r.~x ·e chanqe i n the et11.te ot incorpore~tion. :urth.:!rtr.,re, i>y operation of law, as co ntr~st e~ to con tr<~ct, the survivi n<J corr10 ration would-- "poesc!ts l'lll the righi:!!, pri•Ji leg eR, ifi"C~unitit-a and franchises, ~r ~ nublic as ~oll ae o~iv ~~~ n3ture, of ·~ach o t t'le r:~:.~; inc; • • • e:ot ?r,ra tic~.a: a n .~ a 11 prc:.p • ~rt y • •. ::ncJ I!VIH'Y other !ntllre'lt Of C'!:' b c lOI1'Jinq to tuch ot tho corpo.:atio no eo 1n~rged • • • shall be J @t !;ToOd to be transfcrr.·,.l to a n ~ w~ttt c ·1 1 n s u,-;'1 ainqlc cor•JO!:',ttt ion without ru t !:he r act o!' dl'l<!d • (57:_7 -l "lS , C .R .S. 197:'.:). Thoroatter, the pr1ncipa l 3 of I:ncore ca u eod t1-. Le fo ~d a Colora1o corporat ion known aB ~R Corpor ~tlon ~~le ly tor purpopee of t 1H\ t!'<'t:-O:Ot:'. ;wR ...,,,. L 1cor.porated on r .. pr1 t lCJ, 1°77. 1 ... ?~ wa3 n om in,llly !undeJ no tha t vaUtUv i s auarl sh 11 ro s woul~ ··e outlltilnding an" that \·1Ftl. sharehclclers coulJ il~{lrfJV·~ t t ... 111erger. M~sers. Person, ;)uncan and '::'rujillo wP.r e th~ on l' officers, di rec t orH and RharollOldnra or 11T'n. 0 n 1\~1:1 1 2 :0 , !CJ 77 , the pllln ot merger was approvP!1 anc! the appropriat"! ArticlPB ot 11~r9er tor Delaware and Colorado Wf!r e ~X t )CUte~ by thA pri ncipal!'l in their r c..:upoc:ti vo offici a 1 Cl\paci t.ien, rmd we r o there• a f L~r f.ilf!~ in i11' lawaro and Colorado in eArly 'lAy, l q77. As part ot the l"lan of Heryt~r, the n m<"~ ot trr.n "';t S anended to Encore aimultaneo u sly at the time the Co lorado Secretary ot • - I • 11r. Steven Berson July 28, 1978 Page 3 • • - State accepted the Articles of Merqer which ~lao effected the transfer ot assets from old F.ncore to new Encore by operation n~ law. The use of another corporate name fm: inc-orporation in Colorado was necessitated bv the fact Encore as ~' name was not technically avaih.ble due to old Encore being qualified to ~o buoiness in Colorado. ?ho merger was effected ~ay 3 in Colorado and, by operation of the Plan of ~1erger, the three principals of old Encore exchanqed their shares for naw Encore shares anl1 the ~by perpetuated their snm~ percentaqe interests in new Encore. The original WFR ahar~s (1 each) issued to the principals were cancelled so as not to uistort th--ir respective ownership interests as in old Encore. WFR carried on no business activities until after the merger was rtfected. W~ cannot argue with Mr. Kent's assertion that there was a nev legal entity involved in tha Encore operation~ at the till'.e of r~rger. We do, however, feel thst such a chanqe should not in this case have the imp~ct ot requiring Encore and its prin- cipal. to go to the ~igni!ioont tit:~e end expt:nee of rea~.o.bmit.ting t.hree original application• for licotl &es. Thet·e can be no ~erious question that in au b ltA~ce new fncore an~ ita ?rinci- rala were exactly t he eame ~~old ~ncore an~ !~s rrincip~l~. 'l'he only chanqe was the 1 tl\tc ot i ne<Jq'ora tion. The Colorado corporate statute ~ake~ it cle ar that all of thP. public rights, privileg~s, and franchises of old Bn core b~camo vested in ne".r En corto, and certainly the lic ~n•~~ in que ation could be considered as privileges ot a public nature. Generally, the vesting of rightn by operation or law is not conoider~d a transfer as that term is ordinarily un derstood and generally used in atatutes. ~o r example, tranafers of P•••onalty in ~ n·crg er aro not subject to Color ado sales tax. Thus, J t is arguAble that there waa no tranafer within th~ me~ni nq of S 12-46-106, C.R.S. 1973. Con sider also the fact that when ~. Uunc an submitted hie appli- cation• tor licenae renevala to the local licenainq •uthoritiea, he also submitted a letter outlininq the merger and applied for the license renewal• in the name of now 2 ncore. Th us, the local authori ties were made awars of tho corporatQ ch anqa 3nd a~tad accordingly. Th erB!ore, no new infor~ation would ~ aubmltted to tha local a uthori ti~• even it ori9inal applications were to he required to cure the technical point raiaed by the ntvision • • I • • • :·tr. Steven Derson J uly 26, 1978 Pllge 4 • • • ) !1 cquiring original reapplication~ by our client would serve no pu ~·pose other than to cause it aign!f icant sd(Utiomal cost and expenae and perhaps cast BODle "oubt on ita continued goodwill and credibility with local authorities. Our client has expended a considerable ef~ort in ovorco111ing the often antagonistic e ~ti tuc,ao toward J. 2 establishments on the part of local author 1 tie a, and is extremely aen~itive to potential advera~ r~aulta that might arise if the State requires reaubmiaoion. However, we do be lif!ve that local author! tie a woulJ he compelled to gr·ant the licenses un~er applicable judicial guidalin@A since the only change ia of a hi9hly technical natur~. T~ our opininn, to do othcrvise would be arbitrary and capricious action. See, e.g., Doard of Co unty ·:ornm' rs. v. Salardlno, 136 c.~lo. 421 (1<1 !;71 . ";'hu &tatus quo alrel\<ly fn ef~ect would no t be chan<J c a . F'•Jrther- tJore, we believe that the tftcta evidence the local authoritiea' acceptance of the change to new Encore since they wcr~ fully ird~orl!icd ot the chanqe at tho time of renewal. 1\lternatively, we bulievo it within the ran ge 0 f. a d::.inistrative .~j scretion of the .)epa r tJnent to waive the ter.h ~ic&l requir~mt!nt betng now aasitrted. See, oJ.g., t-ill c .'\rthur v. Sil:lCC"t.a, 122 Colo. 155 (H'SO). lo#e no not feel that nny dangero u,; -f'CI!cedent would be oet since the facta of this caeo are quite uni que. •·urt~er, evtJn adopting such n general policy boned on ou ~· f .l Ct5 would not aeern countertlroductive to tho 0 €'par tm<!nt ' s concerns nne! le~ill lative policy since there is no Sllb atan t ive dir.f~rencc on which the decision to issue a lic~~se or not could t u rn. Fin ally, we arc unawaro of any puhliahed Colorado authority on this point without the knovledgtt of wh ich fncore could b e ch a nge<!. rt r. Kent 1:1a1tea rnfer~nce eolely to the licenling stlltute, an old 1953 Attorney Gen eral 's opinion regardi ng c~an ge e in general rartnera of partnerships and an oral confertlnce with a former ~ttorn ey General concerning e r~rqer which a c~lttedly did not involve sinilar facts. We are req~eating a w ~ivcr of the t echni- cal resubmis aion require~~~ent if in fact it dc .u apply in thi a c ase. The 1953 Attorney Gene ral's opinion caua es u ~ no concern since the opinion ie in accord with the legal effect under rartnershi p law. ...h e oral opinion ia not something our client should be charged nor do we belil'lve it to be suha tsntive .sutlt- orlty. \"~ re•pectful!y request that you conaJ.J er t.hia rnat.tf:lr. ;iopefully, you would be a111en a ble to our position eithttr lfol q &lly or a" a matter of adnU.nistrative uiacretion. 'fo auppolt the factual aaacrtiona we have ma de herein, wu enclose copies of the Article8 of "·lerqer 1 Plan of ~e rger 1 executed corporate min u tes 8Uthorill'ing the merq~r and the lett •~ of explanation to th ~ local aut~orities • • - I • • - • • .' r . ~ t ev"!n ne .r!l on ,11 ? 2 3 , 1 9 70 ~(;1'3 !~ • • • ·~!·. ~~•1 t. l nr !ic !i '.:.e d ~o ..1 11 t!"lot yo l1 r ;:,·f f ~ciz.l :a!='ilCi t ica :•.n~ ll:J i:.l.r !l 1 .~.'1 h t n;:.·.,ri c\ls~.y C:i'll ,1e prot·l om~ tor you t~& to '''h~n t b i~ r-.• H .ter r.ti <;h t bu ,;·)r,& tdere .l, t .•\lt. '"" raspoc t f ully n ;,q ·!13'!1 t c o ns!~~ cation ~~ yo vr o ~x liest co ~vunie n ca. Out c li~n t, ~n 6 ~t n7 ~ ru c a .'4r . '\er:l: ,.,ill a c.u·ce, h~s 1u.1e all Cflll&nn~:.lEl e~?~o r ~ l:;) a t !·1W 1.t-.; ·.d.~ . .!.1..:1Jness tc c oo::l orote \lith the Di.pe ·rtr.tel".t in th is rr.<t ttP.I. ·•r . l ·!nt has baun moNt cooper~.tive withi n th11 p ;:::-aT:~et :~rn to •,l :i c:t n ~ feel3 lJ':lc.nd, :~~u t , ol:>v!o at3ly, lt the!'.~ is tl} ~e a uo ci aio.1 f.J.\VOrl\!:>l o to •.n1 r <~l!e!'lt, it. must b "' r.-a .11! at th.tr: h~~~}v1 r lc•'•~l o \' sut.~.·)r.ity. :'hnnk y ou for your ecnei c erat.'lon i r. t:"li!l r•'lt t~"r. 1'.'!'T I/e c <.t': ·''r. La :-ry Duncan 'lr. Ju:i :n r ·~nt Your• very t ruly, GORSUCH, KIRf;IS, C~J4PBBLL. l~ALKE~MG\~JftR~mt/tD B y·~~R~F;;.W::;;~;::::= Robert F. 1'1Huo n • - I . J .D. M•cFMIJrut Att orney Gener al D1v 1d W. Rob!:u ns Deputy Attorney General EdwO<d G . Donovan Solic•tc r General • • • ... '· . ~-r. illl1r ~tufl' nf [olnrallo DEPARTMENT OF LAW August 21, 1978 1'0; Steven V. Berson FR0:1: Yvette P. Fossum -· ; ~ .... i I SUBJECT: Encore Incorporated -Change from Delaware to Colorad_s> corporation-iMo.:~ct on 3.2 lice71!H' STATE SERVICES BU IL.}ING 1525 Sttermen Strut , Jrd . Fl. Denver, Color1do A020J Phone 839-3611 & 839 -3621 You recently requested our opinion on whether Encorernc. (a Colorado corporation formed by merger of the Delaware corporation Er,core Inc. with 1-TTR Inc., a Colorado cor-porat io n) should be allowed ~o retain the 3.2 license of its predeces so r Delaware corporation. The Department's authority to grant or r '-'ne w lice nses is spe cific- ally limited by C.R.S. 1973, 12-46-106 whi ch provides that "all licen-se~ grant e d pursuant to thi~ article shall be nontrdn s ferable." Regard-l~ss of the similarities of the two corporations invo l ved here, they nevcrlheless constitute leg~lly separate and distinct entities. Thus, allowing r:ncore Inc. to retain its predecessor's licen s e Hould be authorizing a transferd ble license in contravention of statute. Encore's assertion that administrative agencies are empowered with wide discretion, although correct, is inapplicable in t~c present sit u d tion. It is well establish~d that notwitl1standing any di ~cretiona ry power~, a g enci es cannot exceed their statutory authority. This is pre- cise ly what Encor ~ is requ es ti ng that the Dep<lrtmcnt do. It iz ther e- f o re recommended that Encore Inc. b<! r e quired to ma ke 11e· . ., applicat ion for a 3.2 license. • • I . • ) • • • q~~~~.;~l ora d o 8020 9 r~"'-.'Tf.o ~~t'T~ >tB -?H €!*4 ( il)3) 35 5-359 1 HIS 'l'ORY Encore, Incorporated, originally forme d as a Delaware Corporation on October 9, 1 975, licensed to do busines s in the State of Colorado on the 20th of January, 19 76 . Th e Board of Directors and Shareholders el ecte d in Ap r il of 197 7, t o b ecom~ a Colorado corpo ration. The l egal s t aff o f t h e Co rporation detenmined th e t sinc e Encore, In cor po rated, as a Delaware Co rpora t ion, had been licensed in Co l o rado, t hat ne c essitated t he fo rmation of a new Colorado Co rporation which was to me rge wi t h the Delaware Corporation, the survi vor to be known as En c ore , Incorporated of Colorado. On April 18, 1977, WF R Corporation ,.as inc orpora t e d by the State of Co lorado. On Apri l 25, 19 77, Wt'R Corpo rat i on wa s merged with Enco r e , I ncorporated of De laware. On May 3,19 77 , the Sta te of Co lorado is s ued t he Ce rtifi cate of Merg e r o f Encore, Inco1·p o rated (D~law are) i n t o WPR Corporation (Colorado) a nd wh erein the corpor J.t~ name is changP.d to En con , Incorpora t e d. . / -.-(._ __ ./ ··/ / '."#If", ..... //. / f c: --· -.. -;..-... -·- Larry N. Dunc <t n, Vice Presi dent and SP.c r e tary, Enco r e , I n corpor ated NOTE : Corporation Doc um e n tation is avail ab le upon request. • - I • • • } • • .. - IN TRODUCED AS A BILL BY COUNCIL MA N ___ ,~-~~~~~~·~A~~~·~,UUdL£? ______ _ A BILL FOR AN ORDI NANCE APPROVING AN AGREEMENT ALLOWING THE CITY OF ENGLE I>IO OD, CO LO RAD O TO USE LA ND S AND IMPROVEMENTS COMMONLY KNOWN AS DUNCAN SC HO OL OWNED BY SCHOOL DISTRICT #1 OF ARAPAHOE CO UNTY AN D PROVID I NG FO R THE TERMS OF THE SAID USE. WHEREAS, School District #1 of Arapahoe County (Schoo l ) i s the owner of certain real property with improve me n t s wh ich is not immediate ly neede d for school purposes; a n d WH EREAS, the Ci t y of Englewood (E ngl e wood) d e s i r es to use the p r o p e rty f o r t he mutua l b e ne f it of t h e c i tizens o f En glewood and the Schoo l Di s t r ic t. NOW, TH EREF ORE, BE I T ORDAINED BY THE CITY COU NCI L OF THE CITY OF ENGLEWOOD, COL ORADO, a s follows: Se c tion 1. The City of Englewood shall enter into a writte n i n stru- me nt captioned "USE AGREEMENT" with School Distric t #1 of Ar apa h oe County Color ado which is attac hed hereto, consisting o f s ix type- wr i tten page s, and is i n c orporated herein by r efe r ence . Said i nstrument ge n e rally pro vides as follows: a . En g lewoo d shall b e entitled to use l a n d s a n d b uil di n g of faci li ty legal l y de s cribed as Lots 1 thru 9 and Lo ts 28 thr u 36, Block 1 , Harpers Subdivision, known as 484 6 Sou th Pennsylvania , to provide park and recreation services for the commu n ity. b. Englewood shall pay $1 .00 to the School , in advance, for each year it uses said facility. c . Englewood shall hold harmless the School as a result of Englewood 's use of the facility . d. Englewood shall maintain the facility , not make alterations without permission , pay for all utility and other charges, keep the building in good repair, main tain insurance for p e rsonal injury and property damage. e . The Agreement is cancellable by either Englewood or the School on ninety (90) days' wr itten notice • • - I • - • ) • • • Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said Agreement on and in behalf of the City Council and the City of Englewood, Colorado, and the Director of Finance, ex officio City Clerk-Treasurer attest the same. on ~-~Intr oduced , ~d~~~ full, and passed on first reading thea~ day Of a~ 1 1978. ~ Published as a Bill for an Ordinance on the ~day of u~ , 1978. ATTEST: I, William D. James, do hereby certify that and foregoing is a true, accurate and complete copy of for an Ordinan~~ntroduced, r~d in full, and passed reading on the ~ day of <.V~ , 1978. -2- • the above a Bill on first - I • • - - • • • • USE AGREEMENT THIS AGREEME NT made and en t ered i nto on this ________ day of _____________________ , 19 7 8, by and between Sc hool District 11 of Arapahoe Co unty, Colorado , hereinafter r efe rred to as the SCHOOL, party of the fi rst part, and The City of Englewood, a Municipal Corporation of the State of Colorado, hereinafter referred to as the USER; WIT NESSETH: T HAT WHEREAS, the School is the owner of certain real p r o perty located in the County of Arapa hoe and State o f Co lorado which is described as follows, to wit: Lots 1 t h r u 9 and Lots 28 thru 36, Block 1, Harpers Subd 1v1sion, known as 4846 South Pennsylvania, AND WHEREAS, the School is not imme d iately in need of the use of the aforesa1d property for its purposes ; and WHEREAS, t he Use r ~s a comm u nity organization providing facillt ies and services for the use of the community; and WHEREAS, the part ies he r ein b el1eve that for the best interest of the public that the parcels hereinabove described should be used by the User for the citizens of the School District and City of Englewood. NOW, THEREFORE, in c onsideration of the premises and other good and valuable consideration, hereinafter appearing, the parties h e reto agree as follows: (1) CHARACTE R OF USE: It is mutually agreed t hat the User, at its own expense and at no expense to the School , sha ll use the lands and building herein desc r i b ed to deliver comm unity park and recreation services . (2) REVOC ATION OF GRANT: The School reserv e s the right, h ow eve r, to withdraw the land herein described from this Agreement, at any time as may be necessary, if, in its opinion, it is necessary to use the property • I • • • l • • • h e rein descri bed f o r the pur poses for whi ch 1t was acqui r ed and/or c onstructed . The S c hool must gi v e the Use r at least ninety (9 0 ) days ' noti ce of such act 1on. (J) CO NS IDERATI ON: For and in con side rat ion of t he nom i n a l sum of $1.00 per yea r, paya ble fo r the immediate year on o r before the exec ution of this Agreement , the r ece i p t of which is h e r eby c on f e ssed and acknowledg e d, a nd fo r each year thereafter on the annive r sa ry date of this Ag r eement, the School here by g rants a li ce nse u nto the Us er fo r t he pu r p q scs of en t e ring upo n, using and mai ntai ning t he afore- said fac il i ty fo r the u ses her einabove desc ribed, subj ect to wi th - dra wal o f the land pursuan t to paragraph 2 above , free of t he afore said licen s e. (4 ) HOLD HARMLE SS: The Use r agree s to save harml e ss and defend the Sc hool from all s uits, actions , d ema nd s of claims of law or inequity , arising as a result of the use and operRtion of the lands h ere in des c r i bed. (5) OBLIGATI ON OF USER: (a) Use: The premises shall be used sole ly for the facility and use d escr ibed in paragraph 2 above or for suc h o ther purposes as the School may approve. The User w11 1 not carry on or permi t upo n the premises any offensive, noisy, or dange r ous act ivity or any nu1sance to the public o r t o the ad )o1ning nc~ghbors. The User will pay , upon demand, any damages to the premises caused by the misuse of same by it or its agents or ita employees. (b) Ma~ntenance: The Us e r is respona1ble for main- taining the premises and each pa rt thereof i n an attractive, good, safe , and operating cond1tion. The Use r shall keep adjace nt sidewalks curbs, drives, in good and safe co ndit i on and free of ice , snow, and obstructions. The Use r shall keep the premises free of trash , jun k and debris. In the temporary keeping and the t i mely d isposal of all waste o r refuse, t h e User shall do so in a manne r so as not to c on- tribute to wat e r or air pollu 1on . -2- • • I • • ) • • • (c) Al teratlons: The Use r will not make or p e rmit any alter ations or add i tions to the premises or place any additional s tructures , faci lities o r eq uipment on t he premises without the S chool's prior wr itten approval. The User shal l submit plans for minor r em odeling to the Board of Education fo r approval. No major remodeling that wo uld p r eclude th e use o f the School b y the District for purposes house d p r i or to this Agreement will be permitted. Upo n termination or cance llation of this Agreemen t, t he Use r shall r estore or replace any portion of the p r emi ses dama ged o r otherwi se affected by such alte rations, addi tions , str uc tures , facilitie s, or equ ipment, unle ss such resto r ation r epa ir was wai v e d by the School at the time approval was give n for such addition o r alteration. At the School's o p tion, e xerc isable p rio r to the effective date of a ny such altera- tion, addit ions , structures, facilities or equipme nt, o r any t ime thereaft e r , the School may r eq u ire the Use!' t o post bond in favo r of the School with a reputable bond com pany or otherwise provide security satisfactor y to the School in an amount s uff~cie nt to cove r School 's est imation of the co sts of such r estoration or r epair . (d ) Expense: The Us e r shall pay (1) all license , use or othe r fee s; (2) all wat e r, electrici ty, sewer or other utility o r service c harge s; all charges for installation and ma intenance of telephone se rvi c e; and for all other operat~ng expenses . (e ) Com pliance with law: The Use r will comply wi th a ll federal, state, county , mun1 cipa l and other l aws, o r dinan ces , rules and regulations r elating to all or any pa rt of the following: (i) the p r e m.i ses , (ii) the operat1on of the facility conducted thereon, (iii) the maintenance of the premises, C1v) any product on, i n or sold from the premises; and the User shall r efrain from using the premises in any way in violation of such law, ordinance, rule or r equ lation. In the event the re are any amendme nts i n existing local , state or federal laws , regulation or n e w laws or regulations are promulgated which require alterations, improvements or changes -3- • - t I • • ) • • • in, or add itional equipmen t at, the premises, the School will c omply in the alterations a n d impr ovement s in the buildi ng structure which will become a part of the premises as d esc ribed herein , at the School 's expense , and the User wi ll comply with the same as its ex- pense in all othe r cases. (f) Fi re and notice: The User will tak e al l necessary precautions, including adoption of compliance with all r easonable and customary fire prevention and safe ty measure s to avoid property dam- age and bod1ly 1njury. The Us e r shall give notice to the School in case of destruct10n o r substantial damage to the premises by fire or othe r casualty~ (g) Condi t ion of the p r e mis es : The User accepts the premises in an AS IS COND ITI ON , WI THOUT WARRANTY, EXPRESS OR IMPLIED , AS TO MERCHANTABILITY, TITLE, CONDITION, OR FITNESS FOR ANY PURPOSE. The Use r will not hold the School responsible for any defect in or changes in condit~ons a ffect lng th e premises or for any damage to the premises. (h) ~: The User will keep the premises free of all liens and/or claims to be placed on the premises, for whatever reason, to be remo v ed within 30 days after the Us er has knowledge of such l ien ; and the User agrees to release, indemnify and hold the School harmless from and aga~nst such lie ns and/o r c laims. (i) Surrender of premises: Th e Us e r wi ll, on term- ination or ca ncellation of this Agreement, surrender the premi ses to the Schoo l, in a good order and conditon, and when applicable, in compl1ance W>th the provisions of paragra ph 5(c). If the User remains ~n possession of the premises after termination o r cancella- t1on of this Agreement, the School shall have the r ight to take possess1on by any lawful means, us1ng such force as may be n ecessa ry, without resort to any court process . (j) Repai rs : The User shall be responsible for all repairs and keep the premi ses and eve ry part therein in good condition -4- • I • • } • • • and repair. The School shall not be liable for repair and mainte- nance of the p remi ses. The Use r shall. at User's sole expense, keep the p remi ses, and eve r y part thereof, in good condit ion and repair, including the st r u c t ural and exterior portions of the building on the p r emi s es . The School shall not be liable for any failure to make any r epa irs or to perform any maintenance. (6) I NSURANCE: The School shall continue to maintain fire and comprehensive ins u ran ce on buildings and land described herein dur- ~ng the term of this Ag reemen t. The Ci ty will cove r the buildings and park area with public liability insurance. The Use r shall , at Use r's expense , obtain and kee p in force dur1ng the t e rm o f this lease , a policy of comprehensive public liabili ty insurance , insuring the School and the User against any liability aris ing out of the ownership, us e , occupancy, or mainte nance of the p r e mise s, and all areas appurtenant thereto. Such insurance shall be in the amount of not l e ss than $300,000 per injury or death to one pe rson in any one accident or occurrence, or in an amount not less than $500 ,000 fo r inJury or death of more than one person in any one accident or occ urrence. Such insurance shall further i nsure Sc hool a nd User against liab1l1ty for property d amage of at least $5 0,00 0 , the limit of any such Insurance shall not, how- e ver, limit the liability of the Us e r hereunde r. The User shall d eliver to School , pr~or to right of entry , copies of the po licies of insurance requ i r e d herein , or certlf~cates cv~dencing the exis- tence or amounts of such insurance w1~h loss payable clauses sat i s- factory to the School. No pol1cy shall b cancellable or subject to reduction of coverage . All such pol~cies shall be written as pr~mary polic~es not contributing with, nor in excess of the cover- age wh ich the School may carr y. (7) CA CELLATION OR TERMINATION: At any ~me , e1ther party ma y cancel this Aqrcement by givinq th o her a wr1 ten no ice of c ncella~Jon at leas n1nety d ys pnor to hi' datr of cancellation . -5- • - • I • • -) • • • IN WITNESS ~I ERE O F, the S c hool has caused these presents to be executed by the Pres i d e nt of its School Board and attested by the Secretary thereof, and the User has caused these presents to be executed by the Mayor. SCHOOL DISTRICT NO. 1 Attest: By ________ "P~r~e~s~i~d~e~n~t------------ S e cretary CITY OP ENGLEWOOD, COLORADO, a Co l orado Municipal Corporation Attest: By __________ M~a~y~o~r---------------- ex officio C1ty Cl e rk -Tr e asurer -6 -I • • • 1 • • • INTRODUCED AS A BI LL BY CO UNCILMAN A BILL FOR AN ORDINANCE AMENDING SUB-SECTION (6), SECTION 17 (a), OF CHAPTER 4, TITLE V, OF THE '69 E.M.C. BY CHANGING VETERA NS HOLIDAY FROM THE FOURTH MONDAY IN OCTOBER TO NOVEMBER 11 OF EACH YEAR. BE IT ORDAINED BY THE CITY COUNCIL OF TH E CITY OF ENGLEWOOD, COLORADO, a s follows: Section 1. Tha t Sub -Sec tion (6) of Section 17 (a ) o f Chapte r 4, Title V, of t he '69 Engl e wood Mun ic ipal Co d e is her e b y amend e d to read as fo l lows: 5-4-17: OFFICIAL HOLID AYS (a) Th e f ol lowing days shall be considered official h olidays by the city: (6) VETERANS DAY: NOVEMBER 11 Introduced , read in f u ll and passed on first reading on the cifliiL. day of October , 1978. - I . • • • • Published as a Bill for an Ordinance on the ~day of October, 1978. ATTEST: <,~-exoffic~ C -reasurer I, William D. James do hereby certify that the and foregoing is a true, accurate and complete copy of a for an Ordinance,_~ntroduced, read in full and passed on reading on the ~day of October, 1978 . • above Bill first I • • - ( ) • • • INTRODUCED AS A BILL BY CO UNCILMAN Wi ll i ams A BILL FOR AN ORDI NANCE CREATING AND ESTABLISHING A DOWNTOWN DEVELOPMENT AUTHOR ITY IN THE CITY OF ENGLEWOOD, COLORADO , AND THE BOARD THEREOF TO BE APPO I ~TED BY RESOLUTION HEREAFTER DULY ADOPTED. WHEREAS , by Ordinance No. 16 , Series 1978 , the City Coun c il o f the City of Englewood, Colorado, has heretofore deter- mi ned to e s tablish a Downtown Development Authority in the City of Englewood, Colorado; and WHEREAS , pursuant to said Ordinance, a special election was held in the City of Englewood, Colorado , on Tuesday, Se pte mber 19, 1978, wherein the following que stion was submitted to the qualified electors entitled to vote thereon: SHALL A DOWNTO WN DEVELOPMENT AUTHOR ITY BE FORMED PURSUANT TO PART 8 OF ARTICLE 25 OF T ITLE 31, COLORADO REVISED STATUTES 1973, AS AMENDED, THERE BY EMPOWERING THE CITY COUNCIL OF THE CITY OF ENGLEWOOD TO ASSESS, LEVY AND COLLECT AN AD VALOREM TAX UPON THE TAXABLE PROPERTY WITHIN THE JURISDICTION OF THE AUTHORITY NOT TO EXCEED 5 MILLS FOR THE USE AND BENEFIT OF THE AUTHORITY, SAID AUTHORITY TO EXERCISE ITS POWE RS WITHIN A DISTRICT TO BE BOUNDED AS FOLLOWS : Beginning at the Northeast corner of the Southwest Quarter of Section 34, Township 4 South, Range 68 West of the 6th Principal Meridian; thence South along the East line of South Quarter s ection 660 feet more or less to a point which is intersected by the center lines of South Broadway and Eastman Avenue, thi s being the true point of beginning: Thence East along the centerl i n e of East Eastman Avenue a distance of 509 feet more or less to the centerline of the alley between South Lincoln Street and South Sherman Street; Thence South along said centerline a distance of 660 feet more or less to a point on the centerline of East Floyd Avenue; Thence East along said center- line of East Floyd Avenue a distance of 326 feet more or less to the centerline of the alley between South Sherman Street and South Grant Street; Thence South along said centerline a distance of 1140 feet more or less to a point on a l ine projected from the North • • I • • ( • ) • • • line of Lot 30, Block 7 , Premier Addition; Th ence East a distance of 489 feet more or less to the centerline of South Logan Street; Thence South along said centerline of South Logan Street a distance of 50 feet; Thence East a distance of 163 feet more or less to the centerline of the alley between South Logan Street and South Pennsylvania Street; Thence South along said centerline a distance of 845 feet more or less to the centerline of East Jefferson Avenue, also known as U.S. Highway 285; Thence West along said centerline of U.S. Highway 285 a distance of 824.5 feet more or less to the centerline of South She rman Street; Thence South along said center- line a distance of 175 feet more or less to a point on the projected South line of Lot 44, Block 2, Higgins Broadway Addition; Thence West a distance of 1168 feet more or less to the centerline of the alley between South Bannoc k Street and South Acoma Street; Thence North a distance of 680 feet more or less to the centerline of U.S. 285; Thence Northwesterly along said centerline of U.S. High- way 285 to a point wh ich is the centerline of South Bannock Street; Thence South along said centerline of South Bannock Street a dis- tance of 90 feet more or less to a point on a line projected from the South line of Lot 63, Block 5, Skerritts Addition, 2nd Filing; Thence West a distance of 163 feet more or less to the centerline of the alley between South Bannock Street and South Cherokee Street; Thence South along said centerline a distance of 300 feet to a line projected from Lot 18, Block 5, Skerritts Addition, 2nd Filing; Thence West a distance of 177.5 feet more or less to the centerline of South Cherokee Street; Thence North 25 feet to the centerline of West Ithaca Aven ue; Thence West along said centerline of West Ithaca Avenue a distance of 163 feet to a projected centerline of the alley between South Cherokee Street and South Delaware Street; Thence North along said centerline a distance of 180 feet more or less to a line projected from the North line of Lot 11, Block 1, Skerritts Addition; Thence West a distance of 163 feet more or less to the centerline of South Delaware Street; Thence South 12.5 feet; Thence West 163 feet more or less to the centerline of the alley between South Delaware Street and South Elati Street; Thence South along said centerline a distance of 167.5 feet more or less to the centerline of West Ithaca Avenue; Thence We st along said centerline of West Ithaca Avenue a distance of 1793 feet more or less to the centerline of South Jason Street; Thence North along said centerline of South Jason Street a distance of 460 feet more or less to the centerline of West Hampden Av e nue, also known as U.S. Highway 285; Thence West a distance of 350 feet more or less to the East right- of-way line of the A.T. & S.F. Railroad; Thence Northeasterly along said East right-of-way line a distance of 1156 feet more or less; Thence East a distance of 2592 feet more or less to the centerline of South Bannock Street; Thence North 192 feet more or less along the centerline of South Bannock Street; Thence East a distance of 163 feet more or less; Thence North a distance of 470 feet more or less to the centerline of West Eastman Avenue; Thence East a distance of 509 feet more or less to the true point of beginning. -2- • - I • - r c ( • ) • • - and WHEREAS, after canvassing the returns of said election, City Council has heretofore determined that a majority of the qualified electors voting on said question cast ballots in favor thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, as follows: Section 1. There is hereby created an d established pursuant to Part 8 of Article 25 of Title 31, Colorado Revised Statutes 1973, as amended, a downtown development authority in the City of Englewood, Colorado to be known as the "ENGLEWOOD, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY." Section 2. Said authority shall be a body corporate with all of the purposes and powers now or hereafter authorized by Part 8 of Article 25 of Title 31, Colorado Revised Statutes 1973, and all additional and suppl ementa l powers necessary or convenient to carry out and effectuate the purposes and provisions of said Part 8. Section 3. Said authority shall exercise its powers within the area bounded as follows: Beginning at the Northeast corner of the Southwest Quarter of Section 34, Township 4 South, Range 68 West of the 6th Principal Meridian; thence South along the East line of South Quarter section 660 feet more or less to a point which is intersected by the center lines of South Broadway and Eastman Avenue, this being the true point of beginning: Thence East along the centerline of East Eastman Avenue a distance of 509 feet more or less to the centerline of the alley between South Lincoln Street and South Sherman Street; Thence South along said centerline a distance of 660 feet more or less to a point on the centerline of East Floyd Avenue; Thence East along said center- line of East Floyd Avenue a distance of 326 feet more or less to the centerline of the alley between South Sherman Street and South Grant Street; Thence South along said centerline a distance of 1140 feet more or less to a point on a line projected from the North line of Lot 30, Block 7, Premier Addition; Thence East a distance of 489 feet more or less to the centerline of South Logan Street; Thence South along said centerline of South Logan Street a distance -3- • - • I • • - ( ( • ( • ) • • • of 50 feet; Thence East a distance of 163 feet more or less to the centerline of the alley between South Logan Street and South Pennsylvania Street; The nce South along said c enterline a distance of 845 feet more or less to the centerline of East Jefferson Avenue, also known as U.S. Highway 285; Thence West along said centerline of U.S. Highway 285 a distance o f 824.5 feet mo re or less to the c e nter- line of South Sherman Street; Thence South along said centerline a distance of 175 feet more or less to a point o n the projected South line of Lot 44, Bloc k 2, Higgins Broadway Addition; Thence West a distance of 1168 fe e t more or less to the centerl ine of the alley between South Bannock Street and South Acoma Street; Thenc e North a distance of 680 feet more or less to the centerline of U .S. 285; Thence Northwesterly along said centerline of U.S. Highway 285 to a point which is the centerline of South Bannock Street ; Thence South along said centerline of South Bannock Street a distance of 90 feet more or less to a point on a line projected from t he South line of Lot 63, Block 5 , Ske rr itts Addition , 2nd Filing; The nce West a distance of 163 feet mo re or less to the centerline of the alley between South Bannock Stree t and South Cherokee Stre et; Thence South along said centerline a distance of 300 feet to a line proj ected from Lot 18, Block 5, Skerritts Addition, 2nd Filing; Thence West a distance of 177.5 feet more or less to the centerline of South Cherokee Street; Thence North 25 feet to the centerline of West Ithaca Avenue; The nce West along said centerline of West Ithaca Avenue a distance of 163 feet to a projected centerline of the alley between South Cherokee Street and South Delaware Street; Thence North along said center line a distance of 180 feet more or less to a line projected from the North line of Lot 11, Bloc k 1, Skerritts Addition; Thence West a distance of 163 feet more or less to the centerline of South Delaware Street; Thence South 12.5 feet; Thence We st 163 feet more or less to the centerline of the alley between South Delaware Street and South Elati Street; Thence South along said centerline a distance of 167.5 feet more or less to the centerline of West Ithaca Avenue; Thence West along said center line of West Ithaca Avenue a distance of 1793 feet more or l ess to the centerline of South Jason Street; Thence North along said centerline of South Jason Street a distance of 460 feet more or less to the centerline of West Hampden Avenue, also known as U.S. Highway 285; Thence West a distance of 350 feet more or less to the East right-of-way line of the A.T. & S.F. Railroad; Thence Northeasterly along said East right-of-way line a distance of 1156 feet more or less; Thence East a distance of 2592 feet more or less to the centerline of South Bannock Street; Thence North 192 feet more or less along the center- line of South Bannock Street; Thence East a distance of 163 feet more or less; Thence North a distance of 470 feet more or less to the centerline of West Eastman Av enue; Thence East a distance of 509 feet more or less to the true point of beginning. -4- • - I • • - ( • • } • • • Section 4. That duly qualified persons to serve as members of the Board of said Authority shall be appointed by resolution to be approved and adopted by City Council on October 16, 1978 and the terms of office established therein. Section 5. That an Ad Valorem Tax of Five (5) Mills shall be assessed, levied and collected by the City Council for the use and bene- fit of the authority in accordance with the provisions of Part 8, Article 25, Title 31, Colorado ~eviseci Statutes 1973, as amended. Section 6. That any ordinance or resolution by which bonds are issued pursuant to Part 8 of Article 25, Title 31, C.R.S. '73, as amended, shall specify the maximum net effective interest rate of such bonds. Section 7 . That all actions not inconsistent with the provisions of this ordinance heretofore taken by the officers of the City of Englewood, Colorado, whether elected or appointed, directed toward the creation and establishment of a downtown development authority and the appointment of the board thereof, are hereby ratified, approved and confirmed . Section 8. All ordinances or resolutions, or parts thereof, in conflict with this ordinance are hereby repealed, except that this repealer shall not be construed to revive any ordinance, resolution or parts thereof heretofore repealed. Section 9. If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unen- forceable, the invalidity or unenforceability of such section, parabraph, clause or p rovision will not affect any of the remain- ing sections, ~ara ~rap hs, clauses or provisions of this ordinance . -5 - • - • I • • r • • • • Introduced, read in full and passed on first reading on the 2nd day of October, 1978. Published as a Bill for an Ordinance on the 4th day of October, 1978. Mayor Pro Tem ATTEST: ~a•urer I , William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a bill for an ordinance, introduced, read in full and passed on first reading on the 2nd day of October, 1978 . ~~ --ex o~Treasurer -6 - • ... • I . - r ( • • • • • , 6' INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE AUTHORIZING THE TRANSFER OF A CERTAIN PARCEL OF REAL PROPERTY LOCATED IN GRAND COUNTY CONSISTING OF 5.6 0 ACRES TO CERTAIN INDIVIDUALS AS A RESULT OF A DETERMINATION THAT CERTAIN IMPROVEMENTS WERE NOT REQUIRED TO BE MADE. WHEREAS, the City of Englewood entered into a stipulation concerning water rights identified as "In the District Court in and For Water Division No. 5, State of Colorado, No. W-40, In the Matter of the Application for Water Rights of the City of Englewood , Colorado, a Municipal Corporation in Arapahoe County;" and WHEREAS, pursuant to said stipulation, the engineers for the City of Englewood and the City and County of Denver determined that the interception line and diversion works from the main pipe- line to the north fork of Ranch Creek on Ranc h Creek are not necessary or economically justifiable; and WHEREAS, said stipulation calls for the deed of the right-of-way acquired, to certain individuals, in the event that the City finds that the development of the improvement s are not necessary or by the yea r 1978 if no determination is made; and WHEREAS, the City of Englewood finds that said land and right-of-way is no longer necessary for the uses originally intended and transfer is permitted under Section 72 of the City Charter. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows: Section 1. The City of Englewood shall deed, by three (3) Quit Claim Deeds, an undivided one-third (1/3) in erest to Raymond D. Sloan and Beverly M. Sloan, Husband and Wife, an undivided one-third (1/3) interest to Marvin Romberg, and an undivided one-third (1/3) interest to Frederick E. Romberg and Marcia Romberg, as Co-trustees under the Frederick E. Romberg and Marcia Todd Romberg Trust, consisting of the entire interest of the City in the following parcel: • - I • • - ( ( • ) • • • A strip of l a nd 150 feet in wi dth l yi ng in the E/4 NE/4 of Sect ion 23, T. 1. S., R7SW, being 75 fee t in ~i d th on eith e r side of the following describe d center line, t h e exteri0r boundaries o f which 150 f e et strip of land shall e xtend and b e projected to boundary lines of the NE/4 NE/4 of said Sec tio n 23 : Beginning on the East.line of said North e ast 1/4, Northeast 1/4, Section 23 , whence the Northeast corner of Sec tion 23 bears North 1°15' East, a distance of 131.6 feet; thence S 73°49'00" W, a distance of 155.8 f e et; thence s 36°14'00" w, a distance of 294 .6 feet; thence S 42°40'00" w, a d istance of 527.6 feet; thence S 34°47'00" W, a dis tance of 501.9 feet ; thence S 48°25'30" W, a distance of 143.7 feet; thence S 58°41'00" W, a distance of 83.2 f e et; to a point on the South line of said NE/4 NE/4; thence S 88°24'00" W, a distance of 216.4 feet a l o ng the South lin e to the Southwest corner of s~id NE/4 NE/4 of Sec tion 23 , in th~ County of Gran<l, State of Colorado, ~ontaining 5.60 acre s, ~or~ or. less. -;-Sec~. That the consideration for said parcel de rives from the stipulation entered into the 12th day of Apr il , 197 1, but effective as of the 15th day of Marc h, 1971 , and that said parcel is not necessary for developme nt of a water diversion system. Sectic:,n 3. That the City Council hereby au thorizes the Mayor to exec ute and the Direc tor of Finance to attest all proper documents and the Quit Claim Deeds necessary t o transfer th e interest of the City of Engl ewood to t he grantees identif i e d herein . Introduced , read in full, and passed on first reading on the c;3nd.day of Oc t ober , 1978. Published as a Bill for an Ordinance on the t't.J,day of October, 1978. AT'I'E S'i': ~reasurer I, William D. James, do hereby certify that the .above and foregoi ng is a true , accurate and comp l ete copy of ~ Bill for an Ordinance , introduced , read in full , and passed on first read ing on t he ~day of October, 1978. -2- • ... I • r ( ( • ANTHON Y F. ZAR LE:NGO RI C H.A.RO A . ZARLENGO • • • ZA RLENG O AND ZARLENGO ATTO RNEYS AT LAW c.95 CA~ -rOL LIFE CENTER E. 16TH A V E. & GRANT ST. DENV ER , COLORA DO 80203 Pi-lONC: JOJ-861-4 071 September 5 , 1978 Bernard Berard i ni, Esq . City Attorney City of Englewo od 3400 So . Elati Englewood, Colorado 80110 Re: Stipula tion dated the 12th day of April , 1971, but effective as of the 15th day of March , 1971 in the District Court in and for Water Division No . 5 , No . W-40 In the ma tter of the Application for Water Righ t s of the City of Englewood, A municipal corporation in Arapahoe County Dear Bernie : Pursuan t to our telephone conversation of this date , I am herewith enclosing the following regarding the above: 1. Copy of Stipulation dated April 12, 1971 , effective as of the 15th of March, 1971, in the District Court in and for Water Division No. 5, State of Colorado No. W-40 enti led In the Matter of the Application for Water Rights of the City of Englewood , Colorado, A municipal corporation in Arapahe County, which wa s executed by Glenn G . Saunders, Attorney for American Metal Climax, City of Englewood, and City and County of Denver , acting by and through its Board of Water Comm issione rs; Anthony F. Za rl e n go , Attorney for American Metal Climax; George E . Zoellner, Attorney for Board of Water Commissioners , City and County of Denver; and Thomas W. Whittington, At torney for Raymond D. Sloan, Beverly M. Sloan , Robert C. Black III, Regina Black, Louis Yager, J. Donald Yager and George Yager. 2. Letter dated December 28 , 1977 from Anthony F . Zarlengo to Thomas W. Whittington, Esq. pertaining to paragraph 10 of the aforesaid Stipulation. • ... I • • • Page Two September 5, 1978 • • • ) 3. Letter dated February 1, 1978 from Thomas W. Whittington to Anthony F. Zarlengo responding to the December 28, 1977 letter . 4. Quit Claim Deed conveying one-third interest of said property unto Raymond D . Sloan and Beverly M. Sloan. 5. Quit Claim Deed conveying one-third interest of said property unto Marvin Romberg. 6. Quit Claim Deed conveying one-third interest of said property unto Frederick E. Romberg and Marcia Romberg, as Co-Trustees under the Frederick E. Romberg and Marcia Todd Romberg Trust. As I mentioned to you over the telephone, the legal description set forth in the Quit Claim Deeds have been approved by Bill Wheeler repres enting Englewood and the representatives of Climax and Denver. If you need any further information, do not hesitate to call. Bill Wheeler is familiar with the entire transaction and sat in on the meeting when this matter was discussed. I understand you will take care of the necessary legal steps to conclude this transaction. After the deeds have been signed by the Mayor and City Clerk, kindly return them to me and I will forward them to Mr. Whittington, who represents the grantees, for recording. Kindest personal regards, AFZ:pam Encs. Sincerely, ANTHON~ARLENGO cc: Thomas w. Wh ittington , Esq. • - I • • ( ( ( • ) • • • INTRODUCE D AS A BILL BY COUNCILMAN __ ~~""""'"""'~~-"-'~------ A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CI TY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT. WHEREAS, the property desc ribed herein was annexed t o the City of Englewood, by Ordinance No. , Series of 1978; and WHEREAS, pursuant to Section 22.1-7 of the Comprehen- sive Zoning Ordinance any area of land annexed to the City after the effective date of said Comprehensive Zoning Ordinace shall be considered to be without zone classification; and WHEREAS, said parcel of land, being without zone classification, the City Planning and Zoning Commission held Public Hearings which concluded on September 6, 1978 to zone said newly annexed parcel to I-1, Light Industrial District; and WHEREAS, the Planning and Zoning Commission has considered the proposed amendment and map change, and has submitted its favorable recommendation to the City Counci l therefor; and WHEREAS, pursuant to Section 22.3 of the Comprehensive Zo ning Ordinance a Public Hearing was held before the City Counci l O~ ofo , 1'17 to zone said newly annexed parcel of land accordi ng to the above classification ; and WHEREAS, public necessity, convenience, heal th, safety , the general welfare and good zoning practice justify the proposed amendment to the said Official Zoning Map, as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows: Section 1. The following described property shall be zoned from an unzoned classification, as a newly annexed parcel of -1- • I • • ( (. ( • • • • land, to I-1, Light Industr i al District : Beginning at the Northeast corner of Plot 3, Bell Isle Gardens, Arapahoe County, Colorado, which is the point of intersection of the South line of West Tufts Avenue and the West line of South Windermere Street; thence East along the South line of West Tufts Avenue 127.3 feet to the true point of beginning ; thence North 10 feet ; thence West along a line parallel with the South line of West Tufts Avenue a distance of 396.13 feet more or less to a point on 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 89 °46' West a distance of 10.0 feet more or less to the East right-of-way line of South Windermere Street ; thence North along said right-of-way line a distance of 250 feet more or less to a point on the South line of West Tufts Avenue; thence East along said South line a distance of 87.3 feet to the true point of beginning; said parcel of land containing 2.232 acres more or less. Section 2. The Official Zoning Map of the City of Englewood, Colorado, hereby is amended accordingly. Introduced, read in full and passed on first reading on the c//llll day of October, 1978. Published as a Bill for an Ordinance on the ~ti, day of October, 1978. ATTEST: I, illiam D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the c;/11/L day of October, 1978. -2- I • • ( • ) • • • '-/J_ I I INTRODUCED AS A BILL BY COUNCILMAN~-~.-..~ ..... ~f~e ...... ~(2._~~'-"""""-~~~~~ A BILL FOR AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD, I-1, LIGHT INDUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON: AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH: AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Ordinance, public hearings were held before the City Planning and Zoning Commission on July 5, 1978, September 6, 1978, to zone a certain parcel of land annexed by Ordinance No. to the City of Englewood, I-1, Light Industrial District; and WHEREAS, on October 2, 1978 , said Planning and Zoning Co1TU11ission submitted its Findings of Fact, Conclusions and recom- mended that I-1 Industrial Zoning be imposed with conditions; and WHEREAS, the City Council directed that a public hearing be held before it on ~t:IJ, /91 8 with regard to said zoning application; and WHEREAS, at said hearing on said date the Council shall receive all reports, maps, drawings, memoranda, minutes, findings and all evidence and other matters theretofore previously con- sider ed by the City Planning and Zoning Commission, and in add- ition receive further testimony from the owner and applicant as well as other interested parties; and WHEREAS, the City Council hereby adopts and incorporates herein paragraph s No. 1 to 13 inclusive of the findings of fact and a. through g., inclusive , of the recommendation of the City Planning and Zoning Co1TU11ission adopted September 19, 1978, a copy of said findings and recommendation is attached hereto and made a part hereof by this reference. WHEREAS, City Council finds and determines that the public necessity, convenience, health, safety and good zoning practice justify the proposed amendment, subject, however, to a certain waiver and Conditions hereinafter contained. • I . • ) • • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF ENGLEWOOD, COLORADO as follows: Se c tion 1. Zone Classific at ion. That the following d e s c ribe d r ea l p ro pe rty shall be zoned I-1 Light Industrial Distric t : Beginning at th e North e ast corne r of Tract 11, Block 2, Be ll Isl e Ga1·dens Subdivi s ion, Ar apahoe County, Colorado, also b e ing a point 011 th e C ity Li mits of Engl l ·wood, Colorado : then ce> We st along said Cit y Limit s , a l s o b e i11 g L11 e North line of Tract 11 , and al so be in g th <' South ri g ht-of-way line of We st Tu!ts Hvenue a di s t a n ce or 69,3 f e et more or less; thence North along City Limits line a distanc e of 10 f e et more or less; thence We st alon g a lin pa 1·all c l to th e South line of West Tufts Av e nu e a d ~s tan ce of 98 .7 t 00 t mor e or less to the centerline of Sout h 13cve rl y Drive ; lh t •nc·e South along th e centerline of Sou t h Oe v er l y Driv e a di st anc e of 145 feet mor e or less ; then ce Wes t a tlist a n c oJ 2 5 l ee t to a point on the City Limits ol En g l e wood, Colo1ado ; th e nce South along s a id City Limits a distance of 12 5 fee t ; th e n ce Ea s t along City Limits a distance ol 193 fee t mor e or l ess to the Southeast corner of Tract 11 ; th e n ce North and l e aving the City Limits along the East line ol T r a~t 11 a di s tan ce or 2 5 0 f e et mor e or less to the point of b e ginning . Sa id tract o t land con-taining 1 .05 acres mor e or l e ss. Section 2. Conditions. The conditions establishe d and a pp rove d b y the Ci ty Council and impose d upon the a bove d e s c ri bed rea l p rope rty c lass i fied as I-1 , Industr ia l Di s t ric t, shall b e a s follows: a. No Bu i l ding Permit shall be issued fo r t h e c onstruction or i n stallation of any building or struc ture on t h e sub ject property or a ny por tion thereof e x c ep t i n con- f ormance with a Development Plan which has been approved and recorded in compliance with S22 .4A of the Com p rehen-s i v e Zoning Ordinance. b. Th e maximum height of any structure or building shall not e x ceed 25 feet abov e the natural grade of the site . c . There shall be a minimum setback of 25 feet from the west property line of Lot 12 , Bell Isle Gardens Sub- di v ision, Arapah oe County , Colorad o, which lot is identified by street address as 1 4 60 West Tufts Ave n ue. d. Th e east boundary of the subject prope rty shall be sc r eened as approved by a r ecorded De ve lopment Plan. -2- • I • • • • • • e. Lighting facilities on the property or on any building or structure located on the sub ject property, shall b e so arranged that they will neither sh ine nor be reflected on the adjacent residential properties. f . No entrance, exit or loading dock shall b e p e rmitted on the east side of any builidng whi c h is c onstructed on the subject property; nor shall any parking, storage of equipment, materials or trash, or access, other than for emergency vehicles, be permitted in the area east of said buildings. 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 coll- ection 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. Section 3. Zoning Map Amended . The official zoning map of the City shall be and is here - by amended to conform to the provisions of Sections! ard 2 of this Ordinance. Section 4. Waiver and Conditions Binding On Heirs, Administrators, Executo rs, Successors And Assigns. That the for egoing chan~e in zoning classification is based upon the Findings of Fact as herein adopted and upon the representation by the owner and appli cant for annexation that he will waive those certain rights whi c h may be available to him and in lieu thereof agrees to the Waiver and Conditions set forth he rein, which said Waiver and Conditions shall be binding upon the owner, his heirs, administrators, executors , successors and assigns. Section 5. Ord inance To Be Recorded. That this Ordinance sha ll be recorded by the Department of Community Development with the office of the Clerk and Recorder of Arapahoe County, Colorado . Introduced, read in full and passed on first reading on the <:}ntt_ day of October, 1978 . Published as a Bill for an Ordinance on the -f ~ day of October, 1978. • I • • • • • ATTE ST: ex officio I William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance intro duced, read in full and passed on first reading on the t}~ay of October, 1978. • I . • • • • INTRODUCED AS A BILL BY COUNCILMAN ~~j A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT IND USTRI AL DISTRICT. WHEREAS, the property described herein was annexed to the City of Englewood, by Ordinance No. , Series of 1978; and WHEREAS, pursuant to Section 22.1-7 of the Comprehe n- sive Zoning Ordinance any area of land annexed to the City after the effective date of said Comprehensive Zoning Ordinace shall be considered to be without zone classification;_?nd .... WH EREAS,·said parcel of land, being without zone . classification, the City Planning and Zoning Commission held Public Hearings which concluded on Septem ber 6, 1978 to zone said newly annexed parcel to I-1, Light Industrial District; and WHEREAS, the Planning and Zoning Conunission has considere d the proposed amendment and map change , and has submitted its favorable recommendation to the City Council therefor; and WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Ordinance a Public Heari ng was held before the City Council ~ J 3, /91&' to zone said newly annexed parcel of land according to the above classification; and WHEREAS , public necessity, conveni ence , health , safety, the general welfare and good zoning practice justify the proposed amendment to the said Official Zoning Map, as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: S ection 1. The following described property shall be zoned- from an unzoned classification, as a newly annex e d parcel of -1- .. • I . - • • • • • land, to I-1, L i ght Ind ust rial Distric t: A tract of land in the West 1/2 of the Southwest 1 /4 of the Northeast 1 /4 of S e ction 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 We st, thence East along the North line of the Southwest 1 /4 of the Northeast 1 /4 of Section 9, Township 5 Sou th , Range 68 West, a distance of 330.0 feet more or less t o 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 o f 165 feet more or less; thence South 0° East along the City Limits of Englewood, Colorado, a distance of 660 feet more or less t o the center- line of West Tufts Avenue; thence West and leaving the City Limits line of Englewood, Colorado, a distance o f 165 feet more or less; th e nce North a distance of 660 feet mo re or less to the true point of beginning . Said tract o f land containing 2.50 acres, more or less. Section 2. The Offi c ial Zoning Map of the City of Engl e wood, Colorado, hereby i s a me nd e d a c cordingly. on Introduc e d, read in full and passed on first reading the J/11/L day of October, 1978. Published as a Bill for an Ordinance on the .If~ day of October, 1978. ATTEST: ~-exo ~T reas u rer I , Wi ll iam D . James, do here b y ce rt ify t h a t t h e a bove and fo r egoi n g i s a tru e , accura t e and c om p l e t e copy o f a Bi ll for a n Ord i n a n ce , introd u ced, rea d i n f ull a nd p assed on f ir s t reading o n the c;//'flli. day of Octobe r, 1 978 . -2- ~~_0--- e x of fici o Ci t y ~reasur e r • I • • • • • • INTRODUCED AS A BILL BY COUNCILMAN~~~~~-~~a.-c..M.'-J6-il:.it:r)~-L-1--~~~~- A BILL FOR AN ORDINANCE ANNEXING 2.232 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. WHEREAS, on August 7 the City Council received a petition for the annexation of a certain unincorporated parcel of land within Arapahoe County as hereinafter described; and WHEREAS, the City Council finds that not less than one- sixth of the perimeter of the area proposed to be annexed is con- tiguous with the City of Englewood, Colorado; and WHEREAS, the said petition for annexation is signed by the owners of 100% of the property proposed to be annexed exclus - ive of streets and alleys; and WHEREAS, the City Council finds that a community of interest exists between the area proposed to be annexed and the City of Englewood, and that said area is urban and is integrated with or capable of being integrated with the said City o f Englewood; and WHEREAS, the City Council finds that the propos ed annexation com~lies with all of the applicable provisions of the Colorado Municipal Annexation Act of 1965, as amended; and WHEREAS, the City Council finds that it is necessary and desirable to impose certain terms and conditions relating to the dedication of certain properties for street rights-of-way, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the following described parcel of land located in and being part of Arapahoe County, State of Colorado, is eligible for annexation under the provisions of the Colorado Municipal Annexation Act of 1965, as amended, and the same is hereby annexed and made a part of the City of Englewood, Colorado sub ject however to the terms and conditions imposed by Section 2 here o f: • I • • • • Beginning at the Northeast corner of Plot 3, Bell Isle Gardens, Arapahoe County, Colorado , which is the point of intersection of the South line of West Tufts Avenue and the West line of South Windermere Street; thence East along the South line of West Tufts Avenue 127.3 feet to the true point of beginning; thence North 10 feet; thence West along a line parallel with the South line of West Tufts Avenue a distance of 396.13 feet more or less to a point on 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 I.imits 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 89°46' West a distartce of 10.0 feet more or less to the East right-of-way line of South Windermere Street; thence North along said right-of-way line a distance of 250 feet more or less to a point on the South line of West Tufts Avenue; thence East along said South line a distance of 87.3 feet to the true point of beginning; said parcel of land containing 2.232 acres more or less. Section 2. That as a term and condition of annexation, however, under the authority granted by Section 31-12-112, C.R.S.'73 (as amended), the City Council shall require that the owner and all those having an interest in the real property proposed to be annexed shall formally dedicate to the public for street rights-of-way the following parcels of land, to wit: (a) The North twenty (20) feet of Lots 1, 2 and 3, BELL ISLE GARDENS, Arapahoe County, Colorado (for West Tufts Avenue). (b) The East ten (10) feet of Lot 3, BELL ISLE GARDENS, Arapahoe County, Colorado (for South Windermere Street). Section 3. This Ordinance shall take effect thirty (30) days after publication following final passage. ~ Introduced, read in full and passed on first reading on theci..otl day of October, 1978. -2- I • • • • • • Published as a Bill for an Ordinance on the .tjtl,day of October, 1978. ATTEST: I, William D. James do hereby certify and foregoing is a true, accurate and complete for an Ordinanc,j',i.t1troduced, read in full and reading on the day of October, 1978. -3- that the above copy of a Bill passed on first I • • • • • - INTRODUCED AS A BILL BY COUNCILMAN~-~"""'~""""".)'.....,."f~LL/2~/YMJ'Ll. <...a.dt..o<I'--~~~~~ A BILL FOR AN ORDINANCE ANNEXING 2.50 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. WHEREAS, on July 11 the City Council received a petition for the annexation of a certain unincorporated parcel of land within Arapahoe County as hereinafter described; and WHEREAS, the City Council fi nds that not less than one- sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Englewood, Colorado; and WHEREAS, the said petition for annexation i s signed by the own ers of 100% of the property proposed to be annexed exclusive of streets and alleys; and WHEREAS, the City Council finds that a community of interest exists between the area proposed to be annexed and the City of Englewood, and that said area is urban and i s integrated with or capable of being integ r ated with the said City of Englewood; and WHEREAS, the City Council finds that the proposed annexation complies with all of the applicable provisions of the Colorado Municipal Annexation Act of 1965, as amended; and WHEREAS, the City Council finds that it is necessary and desirable to impose certain terms and conditions relating to the dedication of certain properties for street rights-of-way, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the following described parcel of land located in and being part of Arapahoe County, State of Colorado, is eligible for annexation under the provisions of the Colorado Municipal Annexation Act of 1965, as amended, and the same is hereby annexed and made a part of the City of Englewood, Colorado subject, however, to the terms and conditions imposed by Section 2 hereof: • I • • n • • • • 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 1/4 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 centerline 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. Section 2. That as a term and condition of annexation, however, under the authority granted by Section 31-12-112, C.R.S.'73 (as amended), the City Council requires that the owners and all those having an interest in the real property proposed to b e annexed shall formally dedicate to the public for street right-of-way the following parcel of land, to wit: The North thirty (30) feet of the parcel of land described in Section 1 of this Ordinance (for West Stanford Avenue). Section 3. This Ordinance shall take effect thirty (30) days after publication following final passage. Introduced, read in full, and passed on first reading on th~day of October, 1978. -2- • I • • , - • • • • • • • Published as a Bill for an Ordinance on the ~ day of October, 1978. ATTEST: I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the cJ 11/i.day of October, 1978. ~~ C~reasurer -3- • I • • • • • INTRODUCED AS A BILL BY COUNCILMAN~~-~~~~6-.f~·.f_4,_.....CJ-·:<n1c.L..0"""'4~1,__~~~~~- A BILL FOR AN ORDINANCE ANNEXING 1.05 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. WHEREAS, on May 2 the City Council received a petition for the annexation of a certain unincorporated parcel of land within Arapahoe County as hereinafter described; and WHEREAS, the City Council finds that not less than one- sixth of the perimeter of the area propose d to be annexed is con- t ig uous with the City of En g lewood, Colorad o; a nd WHEREAS, the said p e tition for annexat i on is signed by the owners of 100% of the prope rty proposed t o b e anne xed e xclusive of streets and alleys; a nd WHEREAS, the Ci ty Council finds that a commun i ty of interest exists betwee n the a r e a proposed to be annexed and the City of Englewood, and that said area is urban and is integrated with or capable o f be i ng integ rate d with the sa i d City of Englewood; and WHEREAS, the Ci t y Council f i nds that t h e proposed annexation compli e s with a ll of the applicable provisions of the Colorado Municipal Annexat i on Ac t of 196 5 , as am e nd e d; and WHEREAS, the City Co u ncil find s tha t it i s n ece ss a r y and desirabl e to impo s e certain terms and co nd itions r e l atin g to the ded i cat i on o f certain properties for street rights-of-way , NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the following described parcel of land located in and being part of Arapahoe County , State of Colorado , is eligible for annexation under the provisions of the Colorado Municipal Annexation Act of 1965 , as amended, and the same is hereby annexed and made a part of the City of Englewood, Colorado subject , however , to the terms and conditions imposed by Section 2 hereof: • " I • - • • • • 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; thenc e 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 more or less; thence North along City Limits line a distance of 10 feet more or less; thence West along a line paralle l to the South line of West Tufts Avenue a distance o f 98.7 f e et more or less to the centerline of South Beverly Drive; thence South along the centerline of South Beverly Drive a distan ce of 14 5 feet more or less; thence West a distance of 2 5 feet to a point on the City Limits of Englewood, Colorado; thence South along said City Limits a distance of 125 feet; the nce Ea st a long Ci t y Limits a distance of 193 feet more or less to the Sout heast corner of Tract 11; thence North and leaving the City Limits along the East line of Tract 11 a distan c e o f 250 feet more or l e ss to the point of beginning. Said tra c t of land containing 1.05 acres more or less. Section 2. That as a term and condition of annexation, however, under the authority granted by Sec tion 31-12-112, C.R.S.'73 (as amended), the City Council requires that the owners a nd a ll those having an interest in the real property proposed to b e annexed, shall formally dedicate to the public for stre et r ight- of-way the following parcel of land, to wit: The Nor th Twenty (2 0) f ee t o f Lot s 10 a n d 11, BELL ISLE GA RDE NS, Arapahoe Co unty , Co l o r ado (for We s t Tufts Av enue). Section 3. This Ordinance shall take effect thirty (30) days after publication following final passage. Introduced , read in full and passed on first reading on the dnd. day of October, 1978. -2- I • • • • • • Published as a Bill for an Ordinance on the !:t!::!l day of October, 1978. ATTEST: I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinanc!' introduced, read in full and passed on first reading on the O/..nd.. day of October, 1978. -3- • I • • ...... • • • ,. • 7 A INTRODUCE D AS A BILL BY COUNCILMAN~~~~~LA.J'--'--~-~~~a_tnlo~~~~~~~- A BILL FOR AN ORDINANCE ANNEXING 1.05 ACRES, MORE OR LESS, AS HERE I NAF TER MORE PARTICULARLY DESCRIBED , TO THE CITY OF ENGL EWOOD, COLO RAD O , AND IM POSING TERMS AND CONDITIONS THEREON. WHEREAS, on May 2 the City Council r eceived a p e tition f o r the a n nex a t i on of a certa i n u n incorporated parce l of land witni n Arapahoe County as her einafter desc r ibed ; and WHEREAS, the Ci t y Council finds that not le ss than one - s ixth o f the p erime t e r o f the area proposed to be a nnexed is con- t i g u o u s wi th t h e Ci t y of Englewood, Colorado; and WHEREAS, the said petition for annexatio n i s sig n e d b y t h e o wners of 1 0 0 % of t h e property proposed to be annexed e x c lusive of str ee ts and a lleys ; and WH EREAS, the City Council fi n d s that a community of inter e s t e x i sts betwee n t he area propo s ed t o b e anne x ed a nd the City of Engl e wood, and that s aid area i s u r b an and is i nte grated with or c apa ble of being i n tegrated with the said City of En g l e wood ; and WH EREAS, the Ci ty Council find s tha t the p ropose d annexation c ompli e s wi th a ll o f the app lic able provis i ons o f the Colorado Mun icipal Ann e xation Act o f 1965 , as am e nd e d ; a n d WHEREA S, the City Council finds that it is necessary and desirable to i mpose certain terms and conditions relating to the dedication of certain properties for street rights-of-way , NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the following described parcel of land located in and being part of Arapahoe County, State of Colorado, is eligible for annexation under the provisions of the Colorado Municipal Annexation Act of 1965, as amended, and the same is hereby annexed and made a part of the City of Englewood, Colorado subject, however, to the terms and conditions imposed by Section 2 hereof: I • • • • Beginning at the Northeast corner of Tract 11, Bloc k 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 more or less; thence North along City Limits line a distance of 10 feet more or less; thence West along a line parallel to the South line 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 distance of 125 feet; thence East along City Limits a distance of 193 feet more or less to the Southeast corner of Tract 11; thence 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 1.05 acres more or less. Sect i on 2. That as a term and condition of annexation, however, under the authority granted b y Sec t i on 31-12-112, C.R.S. '73 (as am e nded) , the City Council requires that the owners and all thos e having an interest in the real property proposed to be anne xed, shall formally dedicate to t he publ ic f o r stre et rig ht- of-wa y the f o llowing parcel of land , to wit: Th e North Twen ty (20) fee t of Lot s 10 and 11 , BELL ISLE GARDEN S, Ara pahoe Co u nty , Colorado (for West Tufts Avenue). Section 3. This Ordinance shall take effect thirty (30) days after publication following final passage. Introduced, read in full and passed on first reading on the ~~~day of October, 1978 . -2- • I • • • • • .. • Published as a Bill for an Ordinance on the ~~-day of October, 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 a Bill for an Ordinance, introduced, read in full and passed on first reading on the day of October, 1978. ex officio City Clerk-Treasurer -3- • I • • • • • • / D ' INTRODUCED AS A BILL BY COUNCILMAN 1;) ~ ~~~~~~~-~~~~~~~~~~ A BILL FOR AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD, I-1, LIGHT INDUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON: AMENDING THE ZONING MAP IN ACCORDAN CE THEREWITH: AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. WHEREAS, pursuant to Section 22.3 of the Comprehens ive Zoning Ordinance, public hearings were held before the City Planning and Zoning Conuniss io n on July 5, 1978, September 6 , 1978, to zone a certain parcel of land annexed by Ordinance No. to the City of Englewood, I-1, Light Industrial District; and WHEREAS, on october 2 , 1978 , sa i d Planning and Zoning Conunission submitted its Findings of Fact, Conclusions and recom- mended that I-1 Industr ial Zoning be imposed with conditions ; and WHEREAS, the City Council directed that a public hearing be held before it on with regard to said zoning application; and WHEREAS, at said h earing on said date the Council shall receive all reports, maps, drawings, memoranda , minutes, fi nding s and all evidence and other matters theretofore previously con - sidered by the City Planning and Zoning Conunission, and in add - ition receive further testimony from the owner and applicant as well a s other interested partie s; and WHEREAS, the City Council hereby adopts and incorporates herein paragraphs No. 1 to 13 inclusive of the findings o f fact and a. through g ., inclusive, of the reconunendation of the City Planning a n d Zoning Conunission adopted September 19, 1978, a copy of said findings and reconunendation is attached hereto and made a part hereof by this reference. WHEREAS, City Council finds and determines that the public necessity , convenience , health, safety and good zoning practice justify the proposed amendment, subject , however, to a certain waiver and Conditions hereinafter c ontained. • I . I - ( • • • - NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF ENGLEWOOD, COLORADO as follows: Section 1. Zone Classification. That the following described real property shall be zoned I-1 Light Industrial District: Beginning at the Northeast corner of Tract 11, Block 2, Bell Isle Gardens Subdivision, Arapahoe County, Colorado, also being a point 011 the City Limili:; or Engl<•wood, Colorado: thence Wes t along said City Limits, also being th e orlh line of Tract 11, and also being the South rlght-ot-way line or West Tutts ,.ve nue a distance of 69.3 feet more or l ess; theni.:e Nor~h along City Limits line a distance ol 10 feet more or lesi:;: thence West along a line parallel to the South line of West Tufts Avenue a distance of 98 .7 teet more or less to the centerline of South IJeverly Drive; lhPn('e South along the centerline of South IJeverly Drive a distance of 145 :feet more or less : thence West a distance ol 25 feet to a point on the City Limits of Englewood, Color·ado; thence South along said City Limits a distance of 125 feet: thence East a long City Limits a distance or 193 feet more or l ess lo the Southeast corner of Tract 11 ; thence North and l ea ving the City Limits along the East line of Traet 11 a di sta n ce of 250 feet more or less to the point of beginning . Said tract or land con- taining 1 .05 acres more or l ess . Section 2. Conditions. The conditions established and approved by the City Council and imposed upon the above described real property classified as I-1, Industrial District, shall be as follows: a. No Building Permit shall be issued for the construction or installation of any building or structure on the subject property or any portion thereof except in con- formance with a Development Plan which has been approved and recorded in compliance with §22.4A of the Comprehen- sive Zoning Ordinance. b. The maximum height of any structure or building shall not exceed 25 feet above the natural grade of the site. c. There shall be a minimum setback of 25 feet from the west property line of Lot 12, Bell Isle Gardens Sub- division, Arapahoe County, Colorado, which lot is identified by street address as 1460 West Tufts Avenue. d. The east boundary of the subject property shall be screened as approved by a recorded Development Plan. -2- • I • • • • • • e . Lighting fa c ilitie s on the property or o n any building or structure loc ate d on the subj e ct property , shall be so arranged that t h ey will neither shine nor be reflected on the ad j a cent r e side ntial properties. f. No entrance , e xit or loading dock shall b e permitted on the east side of any builidng which is constructed on the subjec t property; nor shall any parking, storage of equipment, materials or trash, or access, other than for emergency vehicles, be permitted in the area east of said buildings. 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 coll- ection 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. Section 3. Zoning Map Amended. The official zoning map of the City shall be and is here- by amended to conform to the provisions of Sec t i onsl artl 2 of this Ordinance. Section 4. Waiver and Conditions Binding On Heirs, Administrators, Executors, Successors And Assigns. That the foregoing change in zoning classification is based upon the Findings of Fact as herein adopted and upon the representation by the owner and applicant for annexation that he will waive those certain rights which ma y be available to him and in lieu thereof agrees to the Waiver and Conditions set forth herein, whi c h said Wa i ver and Conditions shall b e binding upon the own er , his h e irs, administrators, e x ec utors, succ e ssors and assigns. Sec t ion 5. Ordi nance To Be Reco rded. That this Ordi n ance shall be recor ded by the Departme n t of Community Development with the office of the Cl e r k a n d Recorder of Arapahoe County, Colorado. Introduced , read in full and passed on first r eading o n the day of October , 1978. Published as a Bill for an Ordinan ce on t h e October, 1978 . MAYOR d ay o f I . i ....... ( • • • - 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 a Bill for an Ordinance introduced, read in full and passed on first reading on the day of October, 1978. ex officio City Clerk-Treasurer • I • • - ( ( ( • • • • INTRODUCED AS A BILL BY COUNCILMAN 'c· 'f A BILL FOR AN ORDINANCE ANNEXING 2.232 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. WHEREAS, on August 7 the City Council received a petition for the annexation of a certain unincorporated parcel of land within Arapahoe County as hereinafter described; and WHEREAS, the City Council finds that not less than one- sixth of the perimeter of the area proposed to b e annexed is con- tiguous with the City of Englewood, Colorado; and WHEREAS, the said petition for annexation is signed b y the owners of 100% of the property proposed to be annexed exclus- ive of streets and alleys; and WHEREAS, the City Council finds that a community of interest exists between the area proposed to be annexed and the City of Englewood, and that said area is urban and is integrated with or capable of being integrated with the said City of Englewood; and WHEREAS, the City Council finds that the proposed annexation complies with all of the applicable provisions of the Colorado Municipal Annexation Act of 1965, as amended; and WHEREAS, the City Council finds that it is necessary and desirable to impose certain terms and conditions relating to the dedication of certain properties for street rights-of-way, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the following described parcel of land located in and being part of Arapahoe County, State of Colorado, is eligible for annexation under the provisions of the Colorado Municipal Annexation Act of 1965, as amended, and the same is hereby annexed and made a part of the City of Englewood, Colorado subject however to the terms and conditions imposed by Section 2 hereof: I • • - ( • • ( • • • • Beginning at the Northeast corner of Plot 3, Bell Isle Gardens, Arapahoe County, Colorado, which is the point of intersection of the South line of West Tufts Avenue and the West line of South Windermere Street; thence East along the South line of West Tufts Avenue 127.3 feet to the true point of beginning; thence North 10 feet; thence West along a line parallel with the South line of West Tufts Avenue a distance of 396.13 feet more or less to a point on the City of Englewood City Limits line; thence South 56°0 1 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 1 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 89°46' West a distance of 10.0 feet more or less to the East right-of-way line of South Windermere Street; thence North along said right-of-way line a distance of 250 feet more or less to a point on the South line of West Tufts Avenue; thence East along said South line a distance of 87.3 feet to the true point of beginning; said parcel of land containing 2.232 acres more or less. Section 2. That as a term and condition of annexation, however, under the authority granted by Section 31-12-112, C.R.S. '73 (as amended), the City Council shall require that the owner and all those having an interest in the real property proposed to be annexed shall formally dedicate to the public for street rights-of-way the following parcels of land, to wit: (a) The North twenty (20) feet of Lots 1, 2 and 3, BELL ISLE GARDENS, Arapahoe County, Colorado (for West Tufts Avenue) . (b) The East ten (10) feet of Lot 3, BELL ISLE GARDENS, Arapahoe County, Colorado (for South Windermere Street). Section 3. This Ordinance shall take effect thirty (30) days after publication following final passage. ~ Introduced, read in full and passed on first reading on thec:::t!ll!i: day of October, 1978. -2- • I • • • • • • Published as a Bill for an Ordinance on the ~day of October, 1978. Mayor ATTEST: ex officio City Clerk-Treasurer I, William D. James do hereby certify and foregoing is a true, accurate and complete for an Ordinanc~~troduced, read in full and reading on the · day of October, 1978. that the above copy of a Bill passed on first ex officio City Clerk-Treasurer -3- • I • • • • • .. • l INTRODUCED AS A BILL BY COUNCILMAN~~--'~~-~~~~""-~~'--~~~~~~ A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE O · COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT . WHEREAS, the property described herein was annexed to the City of Englewood, by Ordinance No. , Series of 1978; and WHEREAS, pursuant to Section 22.1-7 of the Comprehen- sive Zoning Ordinance any area of land annexed to the City after the effective date of said Comprehensive Zoning Ordinace shall be considered to be without zone classification; and WHEREAS, said parcel of land, being without zone classification, the City Planning and Zoning Commission held Public Hearings which concluded on September 6, 1978 to zone said newly annexed parcel to I-1, Light Industrial District; and WHEREAS, the Planning and Zoning Commission has considered the proposed amendment and map change, and has submitted its favorable recommendation to the City Council therefor; and WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Ordinance a Public Hearing was held before the City Council to zone said newly annexed parcel of land according to the above classification; and WHEREAS, public necessity, convenience, health , safety, the general welfare and good zoning practice justify the proposed amendment to the said Offic ial Zoning Map, as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The following described property shall be zoned from an unzoned classification, as a newly annexed parcel of -1- • • I • • - • • • • • .. • land, to I-1, Light Industrial Distric t: Beginning at the Northeast corner of Plot 3, Bell Isle Gardens, Arapahoe County, Colorado, which is the point of intersection of the South line of West Tufts Avenue and the West line of South Windermere Street; thence East along the South line of West Tufts Avenue 127.3 feet to the true point of beginning; thence North 10 feet; thence West along a line parallel with the South line of West Tufts Avenue a distance of 396.13 feet more or less to a point on 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 leav i ng the City Limits of Englewood a distance of 304.1 feet to the West line of South Windermere Street; thence South 166.79 f e et to a point on the City of Englewood City Limits ; thence Ea st along a curve to the left having a radius of 45 feet t hru 2 1 5° and following the City limits a distance of 168.7 f e et ; t h ence North 35° West 52.1 feet to the East line of South Windermere Street ; thence North along the City Limits a dis ta n ce of 100 .0 feet; thence South 89 °46' West a distance of 10.0 feet more or less to the East right-of-way line of South Windermere Stre et ; thence North along said ri g ht-o f -way line a distance of 2 50 f e et more or less to a point on t h e South line of We st Tu f ts Avenue; thence East along said South l i n e a distance of 87 .3 feet to t he true point of beginning ; said p ar ce l of land containing 2 .232 acres more or less. S ec t i on 2. The Official Zoning Map of the City of Engl e wood, Co lo rado, h e reby is amended accordingly. on the Introduced, read in full and passed on first r e ading day of October, 1978. Published as a Bill for an Ordinance on the day of October, 1978. ATTEST: Mayor ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true , accurate and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the day of October, 1978. ex officio City Clerk-Treasurer -2- • • I • - ( • • • ,. • INTRODUCED AS A BILL BY COU NCILMAN ~~,~++,_..~·~~~~~~~~~~~~ A BILL F OR AN ORDINANCE AUTHORIZING THE TRANSFER OF A CERTAIN PARC EL OF REAL PROPERTY LOCATED IN GRAND COUN TY CONSISTING OF 5 .60 ACRES TO CERTAIN INDIVIDUALS AS A ltESULT OF A DETERMINATION THAT CERTAIN IMPROVEMENTS WERE NOT REQUIRED TO BE MADE. WHEREAS, the City of Englewood e nter e d into a stipulation concerning water rights identified as "In the District Court in and For Water Division No. 5, State of Colorado, No. W-4 0, In the Matter of the Applicat i on for Water Right s of the City of Englewood, Colorado, a Municipal Corporation in Arapahoe County;" and WHEREAS, purs uant to said s ipulation, the engineers fo r the City of Englewood and the City and County of Denve r determined that the interception line and diversi o n works from the main pipe - l ine to the north fork of Ranch Creek oh Ranch Creek are not nece ssary or economically justifiable; and WHEREAS, said stipulation calls for the deed of the ri g ht-of-way a cq uired, to certain individuals , in the e v e nt that the City finds that the development of the improvement s are not ne ce ssary or by the yea r 1978 i f no determination is made; and WHEREAS, the City of Englewood finds that said land and right-of-way is no longer necess ary for the uses originally intended and transfer is p e rmitted under Section 72 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows: Section 1. The City of Englewood shall deed, by three (3) Quit Cl aim Deeds, an undivided one-third (1/3) interest to Raymond D. Sloan and Beverly M. Sloan, Husband and Wife , an undivided one-third (1/3) interest to Marv in Romb erg, and an undivided one-third (1/3) interest to Frederick E. Romberg and Marc ia Romberg , as Co-trustee s under the Frederick E. Romberg and Marcia Todd Romberg Trust, consi sting of the entire interest o f the City in the following parcel : I . • • • A strip of l a nd 15 0 feet i n widt h l yi ng i n t h e N /4 NE/4 of Sect ion 23 , T. 1. S., R75W, being 75 feet in i dth o n eit he r side of the fol lowing desc r ibed center line , the exterior b oundaries of wh i ch 1 5 0 fee t strip of land shall e xte nd and be pro jected to bou nd a ry line s of the NE/4 NE/4 of s aid Section 2 3: Be ginni ng on the East .line of said Northea st 1/4 , No rthe ast 1/4, Se ctio n 23 , whence the Northea s t c o r n e r of Sec tion 23 b e ars No rth 1°15' Ea s t , a distance of 131.6 feet ; th enc e S 7 3 °49'00" W, a d istance of 1 55 .8 fee t; thence S 3 6°14'00" W, a d istance of 2 94.6 f eet; thence S 42°4 0'00 " W, a d istance of 52 7.6 f e et; the nce S 34°47'00" W, a d istan c e of 5 01.9 fee t; the nce S 48 °25'3 0 " W, a distance of 143.7 fee t ; thence S 58 °41'00" W, a distance of 83.2 feet; to a po in t on the South line of sa id NE/4 NE /4; thence s 88°24'00" W, a dista n ce of ~16 .4 feet a l o n g th e South line to the So uthwe s t corner o f s~id NE/4 NE/4 o f Sec tion 2 3, in th~ Co un ty of Gr a n<l, S tate of Co lorado, containin g 5 .60 a cre s, mor~ or l e ss. ···-:-section 2 . • That the c o n sidera tion fo r said parcel de rives from the stipulation e nte r e d i n t o t he 12th day of April, 1971, but e f fect ive as of the 15th d a y o f March, 1971 , a n d that sa id pa r cel is not necessary for deve l opm e nt of a water diversion s y s tem. Sectic;n 3. That th e City Council hereby author ize s the Mayor to e x ecute and the Director of Finance to attest all prope r d ocuments and the Quit Claim Deeds necessary to transfer the inte r e st of the City of Englewood to the grantees identified herei n. Introduced, read in full, and passed on first reading on t h e day of October, 1978. Published as a Bill for an Ordinance o n th e ~~~-d ay o f October, 1978 . AT'rES'l': Mayor ex officio city Clerk-Treasurer I , William D. James, do hereby certi fy that the above and foregoing is a true, accurate and complete copy of ~ Bill for an Ordinance, introduced, read in full , and passed on first reading on the day of October, 1978. ex officio City Clerk-Treasurer -2- • • I • • • ANTHON Y F. Z AR LCNGO RtCMA.R:O A . ZARLENGO • • • ZAR LE GO AND ZARLENGO ATTOPNEYS AT LAW S 9 S C A P TOL. LIF F.' C EN TER E. 10TH A VE 6. G RANT ST DENVER .COLORADO 80203 PMONC J OJ-86 4 071 September 5, 1978 Bernard Berardini, Esq. City Attorney City of Englewood 3400 So. Elati Englewood, Colorado 80110 Re: Stipulation dated the 12th day of April, 1971, but effective as of the 15th day of March , 1971 i n the District Court in and for Water Divisi on No . 5 , No. W-40 In the matter of the Application for Water Rights of the City of Englewood, A municipal corporation in Arapahoe Count Dear Bernie: Pursuant to our telephone conversation of this date, I am he rewith enclosing the following regarding the above: 1. Copy of Stipulation dated April 12 , 1971, effectiv e as of the 15th of March, 1971, in the District Court in and for Water Division No. 5, State of Colorado No. W-40 enti led In the Matter of the Application for Water Ri g hts of the City of Englewood , Colorado , A municipal corporation in Arapahe Coun9:_, wh ich was executed by Glenn G. Saunders , Attorney for American Metal Climax, City of Englewood , and City and County of Denver, acting by and t h rough its Board of Water Conunissioners; Anthony F. Zarl ngo, Attorney for American Metal Climax; George E . Zoellner , Attorney for Board of Water Commissioners , City and County of Denver; and Thomas w. Wh i tington, A torney for Raymond D. Sloan , Beverl y M. Sloan , Robert c. Black III, Regina Black, Louis Yager, J. Donald Yager and George Yager. 2. Letter dated December 28, 1977 from Anthony F . Zarlengo to Thomas w. Whittington, Esq. pertaining to paragraph 10 of the aforesaid S ipula ion . () I • ; - ( • • • • Page Two September 5, 1978 3. Letter dated February 1, 1978 from Thomas W. Whittington to Anthony F. Zarlengo responding to the December 28, 1977 letter. 4. Quit Cla im Deed conveying one-third interest of said property unto Raymond D. Sloan and Beverly M. Sloan. 5. Quit Claim Deed conveying one-third interest of said property unto Marvin Romberg. 6. Quit Claim Deed conveying one-third interest of said property unto Frederick E. Romberg and Marcia Romberg, as Co-Trustees under the Frederick E. Romberg and Marcia Todd Romberg Trust. As I mentioned to you over the telephone, the legal description set forth in the Quit Claim Deeds have been approved by Bill Wheeler representin g Englewood and the representati ves of Climax and Denver. If you need any further information, do not hesitate to call. Bill Wheeler is familiar with the entire transaction and sat in on the meeting when thismatter was discussed. I understand you will take care of the necessary legal steps to conclude this transaction. After the deeds have been signed by the Mayor and City Clerk, kindly return them to me and I wil l forward them to Mr. Whittington, who represent s the grantees , for recording. Kindest personal regards, AFZ:pam Encs. Sincerely, ANTHO~ARLENGO cc: Thomas w. Whittington, Esq. • I • - • • • - INTRODUCED AS A BILL BY COUNC ILMJ\N Williams ~~~~~~~~~~~~~~~~~~ A BILL FOH Al'; ORDINANCE CREATING AND ESTA BLISHI NG A DOWNTOWN DEVELOP MENT AUTHORITY IN THE CITY OF ENGLEWOOD, COLORADO , AND THE BOARD THEREOF TO BE APJ:'UINTED BY RESOLUTION HERE AFT ER DULY ADOPTED. WHEREAS, by Ordin a nc e No. 16, Series 1978, the City Council of the City of Englewood, Colorado, has here tofore d e ter- mined to e st ablish a Downtown Development Authority in the City of Englewood, Colorado; and WHEREAS, pursuant to said Ordi nance , a special e l ection was held in the City of Englewood, Colorado, on Tuesday, Septembe r 19, 1978, wh erein the foll o wing question was submitted t o the qualified electors entitl e d to vote thereon: SHALL A DOWNTOh""N DEVELOPMENT AUTHORITY BE FORMED PURSUANT TO .Pl\RT 8 OF ARTICLE 25 OF TITLE 31 , COLORADO REVISED STATUTES 1973, AS AMENDED, THEREBY EMPOWERING THE CI TY COUNCIL OF THE CITY OF ENGLEWOOD TO ASSESS , LEVY AND COLLECT l\N AD V.7\LOREM TAX UPON THE TAXABLE PROPERTY WITHI!~ TH E JURISDICTION OF TliF AUT HORITY NOT TO EXCEED 5 MILLS FOR THE USE AND BE NEFIT OF THE J\UTllORITY , SAID AU'l'HOR ITY TO EXERCISE ITS P OWE RS WITHIN A DISTRICT TO BE BOUNDED AS FOLLOWS: Beginning at the Northeast corner of the So uthwest Quarter of Section 34, .a'ownship 4 South, Range 68 West of the 6th Principal Meridi an; thence South along the East lin e of South Quarter s ec tion 660 feet more or l e ss to a point wh ich is inte rs e cted by the c e nt e r lines of South Broadway and Eastman Av e nu e , this being the true point of beginning: Thence East along the cen te rlin e o f East E a s tman Av e nue a distance of 509 feet more or less t o the ce n te rline of the a ll e y between South Lincoln S t r e t and So u t h S h e rm a r1 S t r0et ; Th e n ce South along s a i d cen e rlin e <l d ist a n ce o f 6 GO fee t mor0 o r less to a p oint on the cente rlin e o f Ca st F'l oyd /\v e nu e ; 'l'h <·n c-t• Ec1 s t , lony s aid Cf'nler- line of East Floyd Avenue a d is tan ce of 32 6 fe et more or l e ss to the c e nterline of the all e y b e twe en Sou t h S h e rman Stree t and South Grant Stree t; The nce South along said c e n e rline a d i s ta n c e of 1140 fe e t more or l es s t o a point on a line projecte d fro m the North 0 I • • • • • .. - line of Lot 30, Block 7 . !'re mi e r J\ddi tion; 1'he 1·.ce East a distanc e of 489 f eet more or ]c !:r. l o th . CC'\ e rline o.f South Logan Street; Thence South a long •;.1id <...cn t c r:lin e of Sou th Logan Street a distance of 50 feet; Thenc e Ea st ~ d i stan ce o f 1G 3 f ee t mo r e or l e ss to the centerline of the all ey netwrcn S outh Log an Stre et a nd South Pennsylvania Street; The n ce Sou t h vlo n c; s aid c e nte rline a distance of 845 fe et more or l es s to t h e c ente rline of East Jefferson Ave nue, also known as U.S. Highwa y 285 ; The n c e Wes t along s ai d c e nterline of ~.s. Highway 28 5 a d i stance of 824 .5 f e e more or l ess to the centerline of South ">h rma n St r eet ; 'l'hc nce South along said c e nter- line a distance of 17 5 feet more or l es s to a p oint on the projec ted South line o f Lot 44, Bloc k 2 , Hi g gins Broadway Addition; Thence West a dista nce of 1168 fe e t more or l ess to the centerline of the alley betwe en South Bannock Street and S o uth Acoma Street; The nce North a distance of 680 f e et mo r e or Jes s to the c e nterline of U.S. 285; Thence Northweste rly along s a i d centerline of U .S. High- way 285 t a p oint whi c h i s t he c e nterline of So uth Bannock Street; Thence South alo ng s ai cent e r line of South Bannock Stree t a dis- tance of 90 f e et more or l e s s to a point o n a line projected from the South line of Lot 63, Block 5, Skerrit ts Addition, 2nd F i ling; Thence West a distance of 163 feet mor e o r less to the centerline of the alley between South Ba n n o c k ctr•c t a nd Sou t h Cherokee Stree t; Thence South along said cen t e 1·1.i.ne a d istance of 300 feet to a line projected from Lo t 1 8 , Bl0·k 5 , S k er ri tts J\ddition, 2nd Filing; Thence West a d is t cinc • of 17 7 . 5 f e et mor.· or 1 ss to the cente rline of South Cherokee Stree t; Then c e North 2 5 f e et to t h e centerline of West Ithac a Avenue ; The nce We st along said cen t e rline of West Ithaca Avenue a d i sta nce o f L63 f ee t to.a proj ected centerline of the alley be wee Sou t h C'h <'r okl'C Stre <'t a nd S on th n 0 laware Street; Thence North .i lon g soid c1•11L•·r l i nc ,1 dista nce of l HO fc t more or less to a line p roj e c e d fr om t h e North inc o f Lot 11 , Block 1, Skerritts Addition; Th e nc e We st a distance of 163 feet more or less to the centerlin of Sou t h Delawar S t r ct ; The n c e South 12 .5 feet; Thence Wes t 1 6 3 fee t more o r less o t he c e nterline of the alley between Sou"\.h Delawar e S t r Pct and Sou t h F.l a ti Street; Thence South along said c e ntP r lin e a dis u ncc of 16 7.S fe et mo r e or less to the centerline of W st Ithaca /\vn u c ; The n We at a]ong said cente rline of West Ithaca /\ven u e a ui .;tance of 1 793 fv e t more or l e ss to the centerline of South Jas n S treet ; Thc n c North along said centerlin e of South Jason Stree t a ~istance of 4 GO f ee more or less to the centerline of W(·~; ll ampdr n 'i\vr •1uc, i1 lso k n o wn <is U.S. Highway 2 8 5 ; Th e n c' Wes t .t d ·'"ll"" of •,I)[,., . ., . ., nor ]<'as t o l h c !\<1st riqh t - of-way line O I.• /\.T . , .;. ·'. H.tilr >• "; r•h e11ce tlo r theas e r:l y .. tl o ng said Eas t riqht o i -w.J '/ l 1n,. ·1 clJ~;L.in r. o! ·; 1'16 fee· morl' o r l ess ; Th e nce E.:is a cl ist •• nc•· '' !'1'!;' •,.,. m•111 • or l •'SLl to t h•' ce nt er line of South 13ann oc St r t L; Tll(·nce !ot l h 1 92 fee more o r l e ss along the cent<'rlin•J i f So u Lh Banno c~ . .,1 -._. 1 ; 'l'h0nce Eas t a di.s tance of 163 f ee t morL' · r lt·ss ; T!1•'ncr , ort.h .i <1ia t ancc o f 4 70 fee t more or less t o th• c 1_n c· ·] inr. rd ~ • .>l 1:..i a• m.11. /\ e111 1 ; T h ence E,1s t ,, di s tanc e of 509 fe L mor • 01 l <~>'> t u lh<' rur• JH1Jnt of lwgi nninq . -,' 0 I • • • • • • and WH ER EAS , a[L ~r c a n v as si ng the returns of said election, City Coun ci l a s h Pr• Gfo r e d e term i n e d th a t a ma j ority o f the qualified electors vot ing on sai d qu e s t i o r cas t ballots in favor thereof. NOh', TH E REF ORE , BE IT ORDAINED BY TH E CITY COUNCIL OF THE CITY OF E:.JGLE WOO D , COLORADO, .:is fo llo ws: .... Section 1 . The r e i s h e r e by c r ra t ed a nd es tablish ed pursu a nt t o Part S of Articl e 2 S of Title 31 , Colnrado Re v ised S ta tutes 1973 , a s amende d, a downtown de v e lopment autho r i t y in t h e C ity of Englewood , Colorado to be known as the "ENGL EWO OD, COLO RJ\DO, DOWNTOWN DEVELO PMENT AUTHORITY." Section 2. Said author i t y shall b e a body c orporate with all of the purposes and powers now or hereafter authorized by Part 8 of Article 25 of Title 31 , Colorado Revised Statu t e s 1973 , and all a dditional and supplemental powe r s n e cess a r y or convenient to carry ou and effectuate the purpo se s a nd p rov ision s o s aid Part 8. Section 3. S aid authority shall exercis • i ts powers within the area bounded as follows: Beginnin g at the North e ast corner of the Sou h wcst Quarter of Section 34, Town ship 4 S o u th, Range 68 West of the 6th Principal Meridian; then c e South a lon g the East lin e of South Quarter section 660 feet more or less t o n pojn t wh i h i s inte rsected by the center lines of Sou th Broadway and Eastman Avenue , this b eing the true point of a e gi nnin g : Thence East al ong the c e nte rline o f Eas t Eastman Avenue a dist ance of 509 feet more or le:.s t o th e c e nte rl i ne of the all e y between South Lincoln Stre •t and S outh Sh P rma n S r c e t ; Thence South along said ccn tc rl in0 a dis ta n c e o f 660 f ee mo re or l ess to a point on the cente rlin . of E ast Floy d Av nu e ; Th e nce Eas along said c enter- line of Eas l'!n yd AVL'll U<' a d i stct r .,., o f 32 6 f ee t more or l e s s to the ce n r l "" 0f t hf' '11 l<•v bctwc• n . •)t itn S he rm a n S r e an d S outh Gran S r r •· ; Th·•n cc r;r ,11 1 h · 1 jn nq s 1 l l'r·n t "t"l l "" a cl i "' a nrc n f 114 0 f l" rnc >1• •11 J, · '" .• f"''"' ··t. 1 11111 l ''"J•·1·1,.J 1 1 1.111 t it" No tl l r 1 in c• o l Lot I J , 'l oc · 7 , l'r l'lll t 1•1 /\dd. I i 1>1 1 ; 't'h e 1w • 1:.1 ~;1 ..i d 1 ~>L tn cL' of 4 8 '.J • 'r •·1< r-r ,, I r ·~·; '-'' L11 " ,.,. 1• "~J 1n1· u f Sc 1u ~ll l.n')an S t rc"' ; The n c e Sou h < l •m~J C i!l'' .,, •t c r I i r 1 •~ of Sout h Log .J n Strep a d i s tanc e -~- • I • • - • • • • - of 50 feet; 'I'l: '1 ;" E.:i~>' l ·;• .. 1 " -if lG s f1''-'r "k' '" u t J0ss to the cente rli ne or t!-1,.! a, l •, r·t.'·v:t_•,·n .·o · h Loq tn S: ·c.._,r ::~.~1 ~, ::.!-: P ennsylvaniiJ S~rce·_, :'1 ·n~··· Sou• h 1l •>n r '"i d ,,, i ~ . .,., :· ,, .; .~ S~.'!'1Cc Of 845 ft <;." !;l·)r•' o~-10" '<) Lh1 l'n'pr] iJ, '' !'1'-;t· .Jt''tt.Cl'SO:-: \'.'C"".\.:c·, also kno"''n as l . s . a. 1 1-.1 • 2il',; Thc'i:,-" W· ,; 1 I n1 ._: s .:i H: • 0 n r: l 'le o:' U .S. Hi ghway 283 a rii..·t.-1n--e ,,~ 82 4 .5 "0<-t more l't' J.~s~ o the c e nter - line of South Sh e rrn a Str ~e t ; ~h e nce So u h alo n g s~irl ce ntcrli:ie a distance of 1 7~ f01~l 11'('H' ,,, :i•s:.; • n .1 pu • 11l o n ttw J'r j•'<'tL·d South ~ine of Lot 14, Blnc.: !., liqqi ... ; ll 1 "11h·'.1'.. J\duiLion; ·:·h 1•11_·,, tvrst i'1 distance o 116 8 le,_· mu1·· or le· .. $·' L·,,. ,·r ~nt crli nL? of he .Jll"I b etwe en S o ut h ila.11n ck s · r ..... 1 1d .. )ll \ ;, ''''"l'l•l SL['('('t; ThC ;h 'L' "orth a distan c o: h80 fcPt mur" or !1•r;p to t '1·· i.: nt t~r lin1~ of U .S . 285 ; The nc e NorLhwr:5Lcr)y ,·1lnL'' s11 d ""'l f "rl i " o [ 1• .... Highway 285 LO 1 point which is th e cr·n "'in' 01 "' U: fl~'l!lO.;k S r ec t ; Th0nc-c South along sai cen ·~r l ine of :;nu•!. B1n·x1 ·'~ !ilt'<~e t a d i ~.tu nc e of 90 feet more or l e s s to a µoint r ' .1 l .tn' prOJcct•-:-d f r r,,n Lh<.c' So uth line of Lot 63 , Block 5, S k rr.i~t .:· lhldi. ion, ~nd Yili."1•-· '!'hence West a distance of 163 feet mo r" •·r l·~ss o thl' c ,, l1'rli ne of the alley between South Bannock ~· !"'' • 1rd Sou• 'i C'i, '"'kee Street; Thenc' S outh along s aid c •n e r l i 'H' .i •A n• .-. nf JOO 0 a line proje cted from Lot 8, .no,:k S, :i'•rr·t:.: '\1 'H••. nc~ P ilin ·1 · The n r t' \ves t a distanc of 177 .•, 'f"'' .a ""'' c.•r•,·i.linc Df S0ut h •-;1• Cherokee St r e.-. Th r:1 ·, • · • · • <'•'r •, rl : nL? of W0 s Ithac a V t:Jltl"; ~H' '' v.'• I "'I ii:·· ,,r \•/('!_.it Jth.lci1 !i' f c : ... : ( .at! . Av e nue a dJ f;' un"•' r,r 1; c• 1_, " r '"' J• •! "'1 1 «r .i nr of the a l ley between S o th C'1 rri~''" :·· ~ '('' 11 .d s .. 1•t1 ''1. l.iw. 'trel•t; Then e North 1.0 ., 11 along saic: C-Pr 1•rl 110 .i "s .t •11 ·, • r 1, • • 1:1. n r less Lo a line projected •rnr-1 !!1• :1 r·•Ji .11 l•>• •lncf '<• rrit. s J\dcl iti o n; Then ce W 5~ 1 di .. • 11. ·' o 11, 1 "''l l'•u1· r ,, '" "nt,•rli n c of South Del<1wa1. :;tn•c' "'l1"11c1• ~·o,.u , J. "' """ ''" -' '~•''> L63 fee l more or lr '""':', n 'ht ,., .. ,; 1 ,. l i 1' 1..1 • , ' ,. 1 'i D1.. l 1w .. 11·t "'\ Stree and S ull! El 1t 1 "·1.• , '''" I .. , :1t ,•1 Ii rh' a distanc . o• : ,: . "'1."· c ... ·:1t cq ! 1 n" i f \Ve s t Ithaca Av .Que; ~!1<'1 en ;-<• •,··Li ~ of \\\ .-;t Ith,1c a Av e nue a 1l1r.:.t~J1r·1 'J .-1-i ~1 t '1~1 1 • 1 r1t1 1 rline of South Jas _ I .• r •I; ','!1 1• , 1 '"I ' I l J ··~· ()! Snu th Jason Str1_'"l11 .1 ~· ··1~:ic.·" .... , r-1 !.->to '11" r·crt 'r'1 line of West Humpu ·~' ! v 'll ..... I d ~ '~c :. l,(JWr ,, I". I 'ql"Wd )' .1 "" r, ~ '1'h 1 n('"t"'l \Vest a distance n f' 3r0 !i><" ~ •,. r-1·· 1·1.1 ," ·pf-wa y 'ine of the l\.'1 1 • ,1., ..... 1 1~·,•L' '"•, ,'1 t: .. ,, .. ly ,ln no Sill<! EdSt right-of-w+.J.y l j " ••• '1 ~1' 1·, 1Jr 1 s: 'r 11<"n cP 1:.1s a djstap ' o '•' "1''•t1 rl l· Snu""h Bannnr ;..:; .. r(•• ,, 1•~i :.0 ·~n ·{r-ljn ,~ of •:r,:t• more· '"r •••,l" ,, • , thc cun ·1 1 f !1,1 r.! ,. 509 Crt't: :llCll I· ... • < 1• Iv t ,.. -1 I• I. !'I• 'I • ~ I , ,. \ 1 1 I ( ·1t 114 • I I 11 I.•., t n ll<'<. () f I • ·. 1 • • • Section 4. That duly qualified persons to serve as members of the Board of said Authority shall be appointed by resolution to be approved and adopted by City Council on October 16, 1978 and the terms of office established therein. ~ Section 5 . .. ..._,. That an Ad Valorem Tax of Five (5) Mill' shall be aaaea•d, levied and collected by the City Council for the use and bene- fit of the authority in accordance with the provisions of Pai:it 8,, Article 25, Title 31, Colorado Revised Statutes 1973, as amended., Section 6. ' '1 } i ~ That any ordinance or resolution by which bond1 are iss\tld pursuant to Part 8 of Article 25, Title 31, C.a.S. '73, as .mended, shall specify the maximum net effective interest r~de of such bonds . Section 7. That all acttons not inconsistent with the provisions of this ordinance heretofore taken by the officers of the City of Englewood, Colorado, whether elected or appointed, 4irected toward the creation and establishment of a down~own developmant authority and the appointment of the board thereof, are hereby ratified, approved and confirmed. Section 8. 41 All ordinances or resolutions, or parts thereof, in conflict with this ordinance are hereby repealed, except that this repealer shall not be construed to revive any ordinance, resolution or parts thereof heretofore repealed. Section 9. If any section, paragraph, clause or provision of this ordinance shall for any reason be held to be invalid or unen- forceable, the invalidity or unenforceability of such section, para6raph, clause or provision will not affect any of the remain- ing sections, ~aragraphs, clauses or provisions of this ordinance. -5 - • I • -·~ .,. • • .. - Introduced, read in full and. passed on first reading on the 2nd day of October, 1978 . Published as a Bill for an Ordinance on the 4th day of October, 1978. Mayor Pro Tem 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 a bill for an ordinance, introduced, read in full and passed on fint reading on the 2nd day of October,,1978. ex off!cio City Clerk-Treasurer -6 - I • • • • • INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT ALLOWING TH E CITY OF ENGLE WOOD, COLORADO TO USE LANDS AND IMPROVEMENTS COMMONLY KNOWN AS DUN CAN SCHOOL OWNED BY SCHOOL DISTRICT #1 OF ARAPAHOE COUNTY AND PROV IDING FOR THE TERMS OF THE SAID USE. WHE REAS, School District #1 of Arapahoe County (School) is the owner of certain real property with improvements whi ch is not immediately neede d for school purposes; and WHEREAS, the City of En glewood (Englewood) d esires to use the property for the mutual benefit of the citizens of Englewood and the School District. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows: Section 1. The City of Englewood shall enter into a writte n instru- ment caption ed "USE AGREEMENT" with School District #1 of Arapahoe County Colorado which is attached hereto, consisting of s ix type- written pages, and is incorporated herein by reference . Said instrumen t generally provides as follows: a. Engl e wood shall be entitled to use lands and building of facility l egal ly described as Lots 1 thru 9 and Lots 28 thru 36, Block 1, Harpers Subdivision, known as 4846 South Pennsylvania, to provide park and recreation services for the community. b. Englewood shall pay $1.00 to the School, in advance, for e ach y ear it uses said facili ty. c. Englewood shall hold harmless the School as a result of Englewood 's use of the facility. d . Englewood shall maint a in the facility, not make al t erations wi thout permission , pay for all utility and other charges, keep the building in good repair, maintain insurance for p e rsonal injury and property damage. e. The Agreement is cancellable by either Englewood or the School on ninety (90) days' written notice . • I • - • • • • • • Section 2. The City Council of the City of Englewood, Colorado, he reby authorizes the Mayor of the City of Englewood, Colorado, to subscribe his name to said Agreement on and in behalf of the City Council and the City of Englewood, Colorado, and the Director of Finance, ex officio City Clerk-Treasurer attest the same. 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. Mayor ATTEST: ex offic io City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the day of , 1978. ex officio City Clerk-Treasurer -2- • I - • • • • - USE AGREEMENT THIS AGRE EMENT made an d en t e r ed in t o o n t his ~~~~day of~~~~~~~~~~~' 19 78, by and b e tween Sc hoo l Di s trict 11 of Arapahoe Co unty , Colorado , he r e i na fter r eferred to as the SCHOOL , party of the first p art , and The City o f Eng l e wood , a Mu nicipal Corporation of the Stat e of Co l o r ado , here ina f te r r eferre d t o as the USER; WIT NES SETH : THAT WHEREAS, the Sch oo l i s the o wner o f certa in r ea l p roperty located in the County of A ra paho~ a n d S t a t e o f Co lora do which is d e scribed as f o llows , to wit: Lot s l t h r u 9 and Lots 28 th ru 36 , Block 1, Ha r pers Subdivis ion, kno wn a s 4846 Sou t h Pen nsy l vania , AND WHEREAS, the Schoo l i s n ot imnl e tl ia t e l y i n need of the use of the afore s a id property fo r i ts purp ose s; a nd WHEREAS, the Us e r is a c ommu n ity o r gani z ation prov i ding facil iti e s and s e rvi ces for the use o f the commu n ity; and WH EREAS , the pa rties he rein b eliev e tha t fo r the b e st l n tere st o f the p ub lic t h at the parcel s here inabo ve d e s c r i bed should be used b y t h e User for the cit izens of t h e School Dis tr i ct and City o f Englewood. NOW , TUEREFORE , in c o n s i d e r a t ion of t he premises and other g o od and valuable consideration , hereina fter appearing , t h e parties hereto agree as follows: (1) CHARACTER Of' USE: It is mutually agreed that the User, at its own expense and at no expense to the School, shall use the lands and buildin g herein described to deliver cormnunity park and r ecreation services .. (2 ) REVOCATION Of' GRANT: The School reserves the right, howeve r , to withdraw the land he r ein described from this Agreement, at any time as may be necessary, if, in i s opinion, it is necessary to use the property • I • • • • • • herein described for the purposes for Which it was acquired and/or constructed . The S c hool must give the User at least ninety (90) days ' notice of such action . ( 3) CO NSIDERATION' For and in cons ideration of the nominal sum of $1.00 per yea r, payable for the immediate year on or before the execution o f thi s Ag r eement, the r ece ipt of which i s hereby confessed and acknowledged , and for each year t he reafte r on the anniversary da t e of this Agree ment, the School here b y grants a li cen s e unto the Us er for the pu rpqscs of entering upon, using and maintaining t he afore - said facility for the use s hereinabove desc ribed, sub)ect to with - drawal of the land pursuant to paragraph 2 above, free of the aforesaid license. (4) HOLD HARMLESS, The Use r agrees to save harm1es s and defend the School from all suits , actions , demands of claims of law or inequity , arising as a result of the use and operation of the land s here in described. (5) OBLIGATION OF USER' (a) Use, The premises shall be used solely for the facility and use described in paragraph 2 above or for such other p u rposes as the School may approve. The Use r will not carry on o r permit upon the premises any offensive , noisy , or dangerous activity o r any nuisance to the public or to the adjoining neighbors. The User will pay, upon demand, any damages to the premises caused by the misuse of same by it or its agents or its employees. (b) Maintenance: The User is responsible for main- taining the premises and each part thereof in an attractive, good, safe , and operating condition. The User shall keep adjacent sidewalks curbs, drives, in good and safe condition and free of ice , snow, and obstructions. The User shall keep the premises free of trash, junk and debris. In the temporary keeping and the timely disposal of all waste o r refuse, the User shall do so in a manne r so as not to con- tribute to water or air pollution. -2- • I • • • • • • (c) Al terations: The User will not make or pennit any alterations or additions to the premises or place any addition al structures , facilities or equipment on the premises without the School's prior written approva l. The User shall submit plans for minor r emodelin g to the Board of Education fo r approval. No major remodeling that would preclude th e use of the School b y the Di strict for purposes hou sed p r i or to th i s Agreement will be permitted. Upon termination or cancel lat ion of this Agreeme nt, the User sha ll resto re or replace any portion of the p r emi s es damag ed or otherwise affected by such alterations , additions , structures, facilities , or equipment, unless such restoration r epa ir was waived by the School at the time approval was given for such addition or alteration. At the School 's option, exercisable prior to the effec tive date of any such altera- tion, addit ions, structures, facilities or equipment, or any time t hereafter, the School may require the U se~ to post bond in favo r of the Schoo l with a r eputable bond company or otherwise provide security satisfactory to the School in an amount sufficient to c over School 's estimation of the cos ts of such restoration o r r epair. (d) Expense: The User shall pay (1) all license , use or other fees; (2) all water , electricity, sewe r or other utility o r service charges; all charge s for in stallation and maintenance of telephone service; and for all other operating expenses . (e } Compliance with law: The User will comply with all federal, state, county, municipal and other laws, ordinances, rules and regulations relating to all or any part of the following: (i) the prem"ises, (ii) the operation of the facility conducted thereon, (iii) the maintenance of the premises, (iv) any product on, in or sold from the premises; and the User shall refrain from using the premises in any way in violation of such law, ordinance, rule or regulation. In the event there are any amendments in existing local, state or federal laws, regulation or new laws or regulations are promulgated which require alterations, improvements or changes -3- • I • • • I , • • • • in, or addi tional equipmen t at, the premise s, the Schoo l will c omply in the a lte rations and imp rovements in the bu ilding st ructure whic h Will become a part o f ~he premises as de scribed herein, at the School's expense, and the Us e r will com p ly wi th the same as its ex- pense in all o ther cases . (f) F ire and notic e : The User will t ake all necessary precautions, including adoption of compliance with all r e asonable and customary fi re prevention and safe ty measure s to avoid prope rty dam- age and bodily inj ury. Th e Us e r shall give notice to the S chool in case of dest ruc tion o r substa ntial damage to the premises by fire or othe r casualty . (g) Condition of the pre mises : The User accepts the p r emi ses in an AS JS CO NDI TION, WI THOUT WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY , TITLE, CONDITION, OR FITNESS FOR ANY PURPOS E. The Use r wi ll not ho ld the School r esponsible fo r any defec t in o r changes in conditions affecting the premises or for an y damage to the premises. (h) ~: The User will keep t he prem ises free of all lien s and/or claims to be pla ced on the premises , for whatever reason, to be r emo v e d with in 30 da y s after the User has knowl e dge of s uch l ien; and the Use r a grees to r e lease, indemnify a nd hold the School harmless from and ag a inst such l iens and /or cla ims. (i ) Surrender of eremises: The Us e r will, on term- ination or ca nc e llation of this Agreement, surrender the premises to the School, in a good order and c onditon, and wh e n applicable, in compliance wi th the provisions of paragraph S(c). If the User remains in possession of the premises after t e rmination or cancella- tion of this Agreement, the School shall have the right to take possession by any lawful means, using such force as may be necessary , without resort to any court process . (j) Repairs: The Use r shall be responsi ble for all repairs and keep the premises and eve ry part therein in good condition -4- • I • • - • • , • • • • and repa ir. Th e School shall not be liable for r e pair and mainte- nance of the p r emis es. The Us er shall, at User's s o le expense , keep the premises, and eve r y part ther eof, i n good c o ndition and r epair, including the structural and exterior p o rtio ns of the building on the p r emis es . The School shall not be liable for any fail ure to make a ny repairs or to pe rform any maintenance . (6) INSURANCE: The School shall continue to maintain fi re and comprehensive i n surance on buildings and land descri bed here in dur- i ng the term of this Agreement . The City will cove r t he buildings and park area with p ubl ic liability insurance. The Use r shall , at User's expense , obtain and keep i n force d u ring the t erm o f this lease , a pol i cy of c om p r ehens i ve public liability insurance , insuring the School and the Use r against any 11ab1lity arising out of the ownership• use, occupancy , or maintenance of the p r emises, and all areas appurtenant thereto. Such insurance sha ll' be in the amount of not less than SJ00,000 per inj ury or death to one pe rso n in any one accident or occurrence, or in an amount not less tha n SS 00 ,000 fo r inJur y or death of more tha n o ne pe rso n in any one accident or occu r r ence. Such insurance shal l f urthe r insure School and User against liability for property damage of at least $5 0,0 00 , the limit of any such insurance shall not, how- ever , l imi t the liability of the User h e r eunder. The User shall d eliver t o Sc hool , prior to rig h t of entry , copies of the policies of insurance required herei n, or certificates evidenci ng the exis- tence o r amounts of such insurance with loss p a yable clauses satis- factory to the School. No policy shall be cancellable or subject to reduc tion of coverage. All such policies shall be written as primary policies not contributing with, nor in excess of the cover- age which the School may carry . (7) CANCLLLl\TION OR TE RMINATION: At any time , either party may cancel this Aqreement by giving the other a writ en notice of c ance llation at least ninety days p rio r to the date of ca ncellation. -s- • I • • • • • • IN WITNESS WHEREOF, the School has caused these presents to be executed by the President of its School Board and attested by the Secretary thereof, and the User has caused these presents to be executed by the Mayor. SCHOOL DISTRICT NO. 1 Attest : By~~~~~P-r_e_s~i~d~e-n-t~~~~~~ Secretary CITY OF ENG LEWOO D, COLORADO, a Colorado Munic ipal Corporation Attest: ex officio City Clerk-Treasurer -6- • I • • • • • • 7 I INTRODUCED AS A BILL BY COUNCILMAN~~~-+-µ...-'-=-..;'--~~~~~~~ A BILL FOR AN ORDINANCE AMENDING SUB-SECTION (6), SECTION 17 (a), OF CHAPTER 4, TITLE V, OF THE '69 E.M.C . BY CHANGING VETERANS HOLIDAY FROM THE FOURTH MONDAY IN OCTOBER TO NOVEMBER 11 OF EACH YEAR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sub-Se ction (6) of Section 17 (a) of Chapter 4, Title V, of the '69 Englewood Municipal Code is here b y amended to read as follows: on the 5-4-17: OFFIC IAL HOLIDAYS (a) The following days shall be considered official holidays by the city: (6) VETERANS DAY: OVEMBER 11 Introduced, read in full and passed on first reading day of October, 1978 . • I . ·' • • • • Published as a Bill for an Ordinance on the ~~ day of October, 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 a Bill for an Ordinance, introduced, read in full and passed on first reading on the day of October, 1978. ex officio City Cl erk-Treasurer • I . - • • • • INTRODUCED AS A BILL BY COUNCILMAN~~~~IA)=-~~==-~,~&..""--'X-.0'-'=--'--~~~~~~ A BILL FOR AN ORDINANCE ANNEXING 2.50 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, ANO IMPOSING TERMS AND CONDITIONS THEREON. WHEREAS, on July 11 the City Council received a petition for the annexation of a certain unincorporated parcel of land within Arapahoe County as hereinafter described; and WHEREAS, the City Council finds that not less than one- sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Englewood, Colorado; and WHEREAS, the said petition f or anne xation i s signed by the owners of 100% of the property propose d to b e anne xed exclusive of streets and a lleys; and WHEREAS, the City Council finds that a conununity of interest exists between the area proposed to be annexed and the City of Englewood, and that said area is urban and is integrated with or capable of being integrated with the said City of Englewood; and WHEREAS, the City Council finds that the proposed annexation complies with all of the applicable p rovisions of t he Colorado Munic ipal Annexation Act of 1 96 5, a s a mended; and WHEREAS, t h e City Co unc il finds t hat it i s n e cessary and desirable to impose ce r tain terms and condition s r e lating to the dedication of certain pro perties for street rights-o f -way, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the following described parcel of land located in and being part of Arapahoe County, State of Colorado, is eligible for annexation under the provisions of the Colorado Municipal Annexation Act of 1965, as amended, and the same is hereby annexed and made a part of the City of Englewood, Colorado subject , however, to the terms and conditions imposed by Section 2 hereof: • I • • • • • • 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 1/4 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 centerline 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. Section 2. That as a term and condition of annexation, however, under the authority granted by Section 31-12-112, C.R.S.'73 (as amended), the City Council requires that the owners and all those having an interest in the real property proposed to be annexed shall formally dedicate to the public for street right-of-way the following parcel of land, to wit: The North thirty (30) feet of the parcel of land described in Section 1 of this Ordinance (for West Stanford Avenue) . Section 3. This Ordinance shall take effect thirty (30) days after publication following final passage. Introduced, read in full, and passed on first reading on th~day of October, 1978. -2- • • I - • • • • Published as a Bill for an Ordinance on the .jl'f?S day of October, 1978. Mayor ATTEST: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that and foregoing is a true, accurate and complete copy of for an Ordinan~ introduced, read in full, and passed reading on the '1..(.day of October, 1978. the above a Bill on first ex officio City Clerk-Treasurer -3- • I • • I • • • • ., £ INT RODUCED AS A BILL BY COUNCILMAN \;) ~ ~~~~~~~~~~~~~~~ A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT. WHEREAS, the property described herein was annexed to the City of Englewood, by Ordinance No. , Series of 1978; and WHEREAS, pursuant to Section 22.1-7 of the Comprehen- sive Zoning Ordinance any area of land annexed to the City after the effective date of said Comprehensive Zoning Ordinace shall be considered to be without zone classification; and . ~ : ' .. WHEREAS,'said parcel of land, being without zone . classification, the City Planning and Zoning Commission held Public Hearings which concluded on September 6, 1978 to zone said newly annexed parcel to I-1, Light Industrial District; and WHEREAS, the Planning and Zoning Commission has considered the proposed amendment and map change, and has submitted its favorable recomme ndation to the City Council therefor; and WHEREAS, pursuant to Section 22.3 of th e Comprehensive Zoning Ordinance a Public Hearing was held before the City Council · to zone said newly annexed parcel of land according to the above classificat i on; and WHEREAS, public necessity, conveni e n ce , health, safety, the general welfare and good zoning practice justi fy the proposed amendment to the said Official Zoning Map, as hereinafter set forth. NO W, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'rHE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The following described property shall be zoned · from an unzoned classification, as a newly ann e xed parcel of -1- .. • • I • • - ·• • • • - • • • • la nd, to I-1 , Ligh t Industr ial District: A tract of land in the West 1/2 of the Southwest 1 /4 of the Northeast 1 /4 o f S e ction 9, Township 5 South, Rang e 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 1 /4 of Section 9, Township 5 South, Range 68 West, a distance of 330.0 feet more or less to the true point of begi nning, 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 En g lewood, Colorado, a distance of 165 feet more or l e ss ; th e nce Nort h a distance of 660 feet more or less to the true point o f beginning. Said tract of land containing 2.50 acres, more or less. S e ction 2. T he Official Zoning Map of the City of Engl e wood, Co lorado, h e reby is amend e d accordingly. on the Introduced, read in full and passed on first reading day of October, 1978. Published as a Bill for an Ordinance on the day of October, 1978. ATTEST: Mayor ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the abov e and foregoing is a true , accurate and complete copy of a Bill for an Ordinance, introduced , read in full and passed on first r eading on the day of October, 1978 . ex officio City Clerk-Treasurer -2- • I • • • • • .. • A BILL FOR AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITION OF THE "MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL, THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Chapter 1, Title XIV of the 1969 Englewood Municipal Code is hereby repealed and readopted with amendments as follows: 14-1-1: ADOPTION MODEL TRAFFIC CODE COLORADO MUNICIPALITIES -1977. {a) Pursuant to Section 44, Article V of the Englewood Home Rule Charter, and Title 31, Article 16, parts 1 and 2, C.R.S. 1973, as amended, there is hereby adopted by reference Articles I to XXVI, inclusive of the 1977 Edition of the "Model Traffic Code for Colorado Municipalities", promulgated and published as such by the State Department of Highways, 4201 East Arkansas Avenue, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehens ive traffic control regulations for the city. The purpose of this Ordinance and the Code adopted herein is to provide a system of traffic regulation consistent with state law and generally conform- ing to similar regulations throughout the state and nation. Three (3) copies of the Model Traffic Code adopted herein are now filed in the office of the Director of Finance ex officio City Clerk of the City of Englewood and may be inspected during regular business hours. The 1977 edition of the Model Traffic Code is adopted as set out at length to save and accept the following articles and/or sections which are declared to be inapplicable ~o this municipality and are therefore, expressly deleted: (1) Article XXVI. (2) Section 23-8 of Article XXIII . • I • ' • • • • (b) Whenever any provision of the Model Traffic Code makes reference to any of the provisions thereof appearing in those portions of the Model Traffi c Code set forth in sub-section (2), (1) and (2), hereof, the same shall be taken to refer to the substituted provisions therefor, if any, conta i ned within this title . 14-2-1: CLERK TO KEEP COPIES OF MODEL TRAFFIC CODE The City Clerk shall maintain a reasonable supply of copies of the said Model Traffic Code, which copies shall be available for purchase by the public a t a price not to exceed $4 . o o per pa13"e ef text pl 1.111 -ii handling charge ef P9* copy. Section 2. That Chapter 2, Title XIV, of the 1969 Eng lewo od Municipal Code i s hereby repealed and a new Chapter 2 i s he r eby adopt ed a dopted t o read as follows : CHAPTER 2 MODIF I CATION TO MODE L TRAFF I C CODE TRAFFIC RULES 14 -2-1: OF F ICE OF THE TRAFFIC ENGINEER In lieu of the provisions of Section 23-8 o f Ar ticle XXI I I o f the Model Tra f fic Code the following provi s ion i s hereby adopted: (a ) T h e o f f ice o f the Tra ff ic Engineer is hereby established. The Traffic Engineer shall be appointed by the City Manager of this Municipality and shall exercise the powers and duties provided in this code. (b) In the absence of such appointment or at such times as the Traffic Engineer may be absent from the Municipality or unable to perform his duties, the said duties shall be vested in the Chief of Police or other Municipal o fficials as determined and authorized by the City Manager. -2- • I • • < • • • • 14-2-2: RESTR I CTI ONS ON SPECI AL MOBILE EQUIPM ENT , TRAILERS , T RUCKS AND COMMERCIAL VEHICLE S (a) It shall be unlawful for the operator or owner of an automobile transport trailer, moving van, transit-mix-concrete truck, tra i ler, semitrailer or truck with manufacturer's rated capacity in excess of one and one-half (1-1/2) tons or special mobile equipment to stop, stand or park such vehicle or to cause such vehic le to b e stopped, stood or parked on any street or high- way, alley or other public way within the city for a period in excess of (4) hours at any time, except when such vehicle is being expedi- tiously loaded or unloaded or such mobile equip- ment i s being used to perform the spec i al opera- tion s f o r wh i ch it was des i gnen. (b) Tank t rucks, tank tra i l e rs or t ank semi t r ailers shall not park upon the streets, alleys or publ i c or private places wi thin the city except when entirely empty and then only for a period not exceeding one (1) hour . No tanks of such vehicles shall be repaired except when completely e mp t y of flammable liquids and only after being thoroughly ste amed or washed to remove all ex - plos i ve vapors. No tank truck, tank semitrailer or t a nk trai l e r used for transporting liquefied petroleum o r g a s, whether loaded or empty, sha ll be parke d or allowe d to rema i n upon the s treets, alley s or other p ubli c p r operty or upon any private property wi thi n the city, except when ac t u ally enga ged in filli n g s torage tanks or whi l e unde r repair. (c) It shall be unlawful for the operator or owner of any automobile, bus, transport, trailer, moving van, transit-mix concrete truck, trailer semitrailer, truck trailer or truck whose manu- facturer's rated capacity is in excess of three- fourths (3/4) ton or special mobile equipment, as defined herein, to stop , stand or park such vehicle or to cause such vehicle to be stopped, stood or parked in any residentially zoned area of the city and on any street adjacent to said residentially zoned area of said city at any time, except when such vehicle is being expeditiously loaded or unloaded or such mobile equipment is being used to perform the special operation for which it was designed, on any street or highway, alley or other public way within the City of Englewood. -3 - • ) I • - ( • • • - (d) The term or phrase "special mobile equipment" shall, for the purpose of this chapter, mean and consist of vehicles, self-propelled or otherwise, de- signed primarily for operation or use on or off the streets and highways and only incidentally used or moved upon such streets or highways. This definition shall include by way of example, but not by way of limitation, snowplows, road- construction o .r maintenance equipment, ditch- digging or excavating apparatus, well-drilling or boring equipment, fire-fighting equipment and vehicles designed to transport equipment and vehicles used in connection with or for the repair and maintenance of construction or maintenance equipment temporarily or permanently mounted on such vehicles, provided that such equipment is transported from yard to job, job to job, or job to yard, and equipment primarily designed for hoisting, lifting, moving, loading or digging operations. The foregoing definition is partial and shall not include other vehicles of unusual design, size or shape that are designed primarily for purposes other than transporting merchandise or passengers. 14-2-3: MOTOR VEHICLE NOISE (a) It shall be unlawful for any person to drive or move, or for the owenr to cause or knowingly permit to be driven or moved, within this municipality, any motor vehicle which emits a sound pressure level in excess of the dB(A) as hereinafter established. MAXIMUM PERMISSIBLE SOUND PRESSURE LEVELS Vehicle Class Any vehicle greater than 10,000 lbs., manufacturer's gross vehicle weight Any other motor vehicles dB(A) at 25 ft. 88 80 (b) Noise from a motor vehicle within the public right-of-way shall be measured at a distance at least twenty-five (25) feet from the nearest side of the nearest traffic lane being monitored and at a height of at least four (4) feet above the immediate surrounding surface. -4- • I • • ( • • • - 14-2-4: MUFFLERS: PREVENTION OF NOISE It shall be unlawful for any person to operate, or for the ower to cause or knowingly permit the opera- tion of, any vehicle or combination of vehicles within this municipality, which vehicle is not equipped with an adequate muffler in constant opera- tion and properly maintained to prevent any un- necessary noise, and no such muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by a muffler of the type originally installed on the vehicle. 14-2-5: NOISE LEVELS It shall be unlawful for any person to drive or move, or for the owner to cause knowingly permit the operation of, any motor vehicle having a manufacturer's gross vehicle rating of less than ten thousand (10,000) pounds, except a motorcycle, within this municipality, which vehicle exceeds ninety-five (95) dB(A} measured not less than twenty (20) inches [five hundred eight (508) millimeters] from the exhaust outlet. The measured exhaust system sound level of a stationary vehicle shall be the highest reading obtained during the test, disregarding unrelated peaks due to extrane- ous ambient noise. When there is more than one (1) ex- haust outlet extending from a single muffler, separated by less than twelve (12) inches [three hundred (305) millimeters] , measurements shall not be made on the outlet furthest from the s ide of t h e vehicle. Se ction 3 . That Chap te r 3 , Ti tle XIV , of the 1 9 6 9 Englewood Mu nicipal Code i s h ereby repea l e d a nd readopted with amend- ments a s fol l ows : CHAPTER 3 APPLICATION , INTERPRETATION , VALIDITY AND PENALTIES 14-3-1 : APPLICATI ON Thi s Ordinance shall apply to every street , alley , sidewalk area, driveway , park , and to e v ery other public way, or public place, or public parking area , eith er within or outside the corporate l imits of this municipality , the u se of which this mu nicipality , has jurisdiction and authority to regu l ate . The provi- sions of sections 5-1 , 5-2, 5-12, 21-11 and 23-3 of the adopted Model Traffic Code respectively, concerning wreckl ess driving, careless driving , unauthorized devices, eluding police, and accident investigation shall apply not only to public places and way but also throughout this municipality. -5- • I • • • • • • 14-3-2: INTERPRETATION 14-3-3 14-3-4 This Ordinance shall be so interpreted and construed as to effectuate its ge~eral purpose to conform with the State's uniform system for the regulation of vehicles and traffic. Article and section headings of the ordinance are adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any matter effect the scope, meaning, or extent of the provisions of any article or section thereof. VALIDITY If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not effect the validity of the renaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance or each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. PENALTIES The following penalties, herewith set forth in full, shall apply to this ordinance: (a) It is unlawful for any person to violate any of the provisions stated or adopted in this ordinance. (b) Every person convicted of a violation of any provision stated or adopted in this ordinance shall be pun ished by a fine not exceeding three hundred ($300.00) dollars, or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. Section 4. Chapters 4, 5, ~nd 6 of Title XIV of the 1969 Englewood Municipal Code are hereby expressly repealed. Introduced, read in full and passed on First Reading on the ____ day of --------' 1978 . Published as a Bill fo~ an Ordinance on the day of ~---------' 1978. MAYOR -6- • I • • • • • • AT'!'EST: ex officio City Clerk-Treasurer I, William o. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Bill for ~ Ordin~ce, introduced, r~n full and on First Reading on the , f /j day of ,<iLu rn./.rfu ; passed I 1978. ex officio City Clerk-Treasurer -7- • I • • - • • • • • f 1-I NTROD UCED AS A BILL BY COUNC ILMAN .__/., ,1, 1 A BILL FOR AN ORDI NANCE ADOPTI NG BY RE F ERENCE THE 1977 EDITION OF T HE "MODEL T RAFF IC CO DE F OR COLORADO MUNICIPALITIES"; REPEALING ALL ORD I NANC ES I N CONFLICT THEREWITH; AND PROVIDING P E NAL TI ES FOR VI OLATION THEREO F . BE IT ORDAI NE D BY T HE CITY COUNCIL, THE CITY OF ENGLEWO OD , COLORADO, as f o llows: Se ction 1 . That Chapter 1, Title XIV of the 1969 Englewood Mu n i cip al Code is h e reby r e peale d and readopted with am e ndme n t s a s follows: 14 -1-1: ADOPTION MO DE L TRAF FIC CODE COLORADO MUNICIPALITIES - 1977. (a) P ur suant t o Se ction 44, Articl e V of the En glewood Ho me Rule Chart er , and Title 31, Artic le 1 6 , par t s 1 a nd 2 , C .R.S. 1973, as amended, the r e is he r eby adopte d by reference Articl e s I to XXVI, () i n cl u sive o f the 1977 Edition of the "Model Traffic Code for Co l orado Municipalities", promulgated and pu bli s hed as suc h b y the State Department of Highway s , 4201 East Arkansas Avenue, Denve r, Colorado 80 222 . The subjec t matter of the Model Traff ic Co de relates primari ly to comprehensive traff i c control regulations for the city. The purpose of this Ordinance a nd the Code adopted herein is to provide a system o f traff i c regulation consistent with state law and gen e rally c onform- ing to similar regulations t h r o u ghout the state and nation. Three (3) copies of the Mod e l Traffic Code adopted herein are n o w fi l ed in the office of the Director of Finan ce ex officio City Clerk of the City of Englewood and may be inspected during regular business hours. The 1977 edition of the Model Traffic Code is adopted as set out at length to save and accept the following articles and/or sections which are declared to be inapplicable to this municipality and are therefore , expressly deleted: (1) Article XXVI. (2) Section 23-8 of Article XXIII . • I • • ( • • • - (b) Whenever any provision of the Model Traffic Code makes refe rence to any of the provisions thereof appearing in those portions of the Model Traffic Co de set forth in sub-section (2), (1) and (2), hereof, the same shall be taken to refer to the substituted provisions therefor, if any , contained within this title. 14-2-1: CLERK TO KEEP COPIES OF MODEL TRAFFIC CODE The City Clerk shall maintain a reasonable supply of copies of the said Model Traffic Code, which copie s shall be available f or purchase b~public at a price not to exceed ii?,.;. (}-0 per gf text ~l~• a h&ogling cha~ge sf per copy Section 2. That Chapter 2, Title XIV, of the 1969 Englewood Munic ipal Code is h ereby repealed and a new Chapter 2 is hereby adopted adopted to read as follows: 14-2-1: CHAPTER 2 MODIFICATION TO MODEL TRAFF!C CODE TRAFFIC RULES OFF ICE OF THE TRAFFIC ENGINEER In lieu of the provisions of Sect i on 23-8 of Article XXIII of the Model Traffic Code the following provision is hereby adopted: (a) The office of the Traffic Engineer is hereby established. The Traffic Engineer shall be appointed by the City Ma nager of this Municipality and shall exercise the powers and duties provided in this code. (b) In the absence of such appointment or at such times as the Traffic Engineer may be absent from the Municipality or unable to perform his duties , the said duties shall be vested in the Chief of Police or other Mun icipal officials as determined and authorized by the City Manager. -2- • 0 I • • • • • - 14-2 -2 : RESTR I CTIONS ON SPECIAL MOBILE EQUIPME NT, TRAIL ERS , TRU CKS AND COMMERCIAL VEHI CLES (a ) It sha ll b e unlawful for the operator o r owner of an automobile trans p ort tra i l e r , mov ing van, t ran s it -mix-concr ete truck , tra i l e r, s e mi t raile r or truck with manufacturer's rated capacity in exce ss of one and one-half (1-1 /2 ) t o n s or s pecial mobile equipment to sto ~ stand or park such vehicle or to cause suc h vehic l e to be s topped, stood or p a rked on any street o r hi g h- way, alley or other public wa y wit h i n t he city f o r a pe r iod i n e xcess of (4) hours at any time, e xce pt when such veh i cle is b e ing e x p e di- tiously loaded o r unloaded or such mobile e q uip- me n t i s b e ing u sed to p e rform the spe c ial ope ra- t io ns for whic h it was desi g n en. (b ) T a nk trucks, tank traile rs or t ank s e mitrai l ers shall not pa r k upon the s t r ee ts, alle ys o r public or priva t e places within th e city exc ept when e ntirely em pty a nd the n onl y f or a p e riod n o t e xceeding one (1) hour . No tanks of suc h v ehicle s shall be r e paire d exce pt when complete ly e mp ty o f flammable liquids and only aft e r b eing thoroughly ste amed or washe d t o remove all e x- plosive vapors. No tank truck , t a n k s e mitraile r or t ank tra i ler use d for t r a ns p orti ng liqu e fied p etr ole um or g as, whethe r loade d o r e mp t y, s h a ll b e parked or allowe d t o r e mai n upon the street s , al leys o r othe r p u bl i c p r o p erty or upon any private prop e r ty within the city , except when actually enga ged in filling storage tanks or while under repair . (c) It shall be unlawful for the ope r ator or owner of any automobile, bus, transport , trailer, moving van, transit-mix concrete truck, trailer semitrailer, truck trailer or truck whose manu- facturer's rated capacity is in excess of three- fourths (3/4) ton or special mobile equipment, as defined herein , to stop, stand or park such vehicle or to cause such vehicle to be stopped, stood or parked in any residentially zoned area of the city and on any street adjacent to said residentially zoned area of said city at any time, except when such vehicle is bei n g exp editio usly loaded or unloaded or such mobile equipment is being used to perform the special operation for which it was designed, on any street or highway, alley or other public way within the City of Englewood. -3 - • 0 I • • • • • (d) The term or phrase "special mob i le equipment" shall, for the purpose of this chapter, mean and consist of v eh icles , self-propelled or otherwise, de- sig ned primarily for operation or use on or off t h e streets and highways and only incidentally use d or moved upon such streets or highways. This definition shall include by way of example , but not by way of limitation, snowplows, road- construction or maintenance equipment, ditch- digging or excavating apparatus, well-drilling or boring equipmen t, fire-fighting equipment and vehicles designed to transport equipment and vehicles used in connection with or for the repair and maintenance of construction or maintenance equipment temporarily or permanently mounted on such vehicles, provided that such equipment is transported from yard to job, job to job, or job to yard , and equipment primarily designed for hoisting, lifting, moving, loading or digging operations. The foregoing definition is partial and shall not include other vehicles of unusual design, size or shape that are designed primarily for purposes other than transporting merchandise or passengers. 14-2-3: MOTOR VEHICLE NOISE (a) It shall be unlawful for any person to drive or move, or for the owenr to cause or knowingly permit to be driven or moved, within this municipality, any motor vehicle which emits a sound pressure level in excess of the dB(A) as hereinafter established. MAXIMUM PERMISSIBLE SOUND PRESSURE LEVELS Vehicle Class Any vehicle greater than 10,000 lbs., manufacturer's gross vehicle weight Any other motor vehicles dB(A) at 25 ft. 88 80 (b) Noise from a motor vehicle within the public right-of-way shall be measured at a distance at least twenty-five (25) feet from the nearest side of the nearest traffic lane being monitored and at a height of at least four (4) feet above the immediate surrounding surface. -4- • 0 I • n ....... ( ( ( • • • .. - 14-2-4 : MUFFLERS : PREVENTION OF NOISE 14-2-5: It shall be unlawful for any person to ope rate, or for the ower to cause or knowingly permit the opera- tion of, any ve hicle or combination of vehicles within this municipality, which vehicle is not equipped with an adequate muffler in constant ope ra- tion and properly maintained to prevent any un - nece ss ary noise , and no such muffler or exhaust system shall be modified or used with a cutof f, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the mo tor of such vehicle above that emitted b y a muffler of the type originally installed on the vehicle. NOISE LEVELS It shall be unlawful for any person to drive or move, or for the owner to cause knowingly permit the operation of, any motor vehicle having a manufacturer's gross vehicle rating of less than ten thousand (10,000) pounds, except a motorcycl e, wi thin th is muni cipal ity , which veh icle exceeds ninety-five (95) dB(A) measured not less than twenty (20) inches [five hundred eight (508) millimeters) from the exhaust outlet. The measured exhaust system sound level of a stationary vehicl e shall b e the highest reading obtained during the test, disregarding unre lated peaks due to extrane- ous ambient noise. When there is more than one (1) ex- haust outlet extending from a single muffler, separated by less than twelve (12) inches [three hundred (305) millimeters] , measurements shall not be made on the outlet furthest from the side of the v ehi cle. Secti o n 3. T hat Chapter 3, Title XIV, of the 196 9 Englewood Municipal Code is hereby repealed and readopted with amend- ments as follows: CHAPTER 3 APPLICATION, INTERPRETATION, VALIDITY AND PENALTIES 14-3-1: APPLICATION This Ordinance shall apply to every street, alley, sidewalk area, driveway, park , and to every other public way, or public place, or public parking area, either within or outside the corporate limits of this municipality, the use of which this municipality, has jurisdiction and authority to regulate. The provi- sions of sections 5-1, 5-2, 5-12, 21-11 and 23-3 of the adopted Model Traffic Code respectively, concerning wre ckless driving, carel ess driving, unauthorized devices, eluding police, and accident invest jgation shall apply not only to public places and way but also throughout this municipality. -5- • 0 I • • n ..... ( ( ( • • • • 14-3-2: INTERPRETATION 14-3-3 14-3-4 This Ordin ance shall be so interpreted and construed as to e ffectua te its general purpose to conform with the State's uniform system for the regul ation of vehicles and traffic. Artic le and sect ion headings of the ordinance are adopted Model Traf fic Code shall not be deemed to govern, J.imit, modify or in any matter effect the scope, mean ing , or extent of the provisions of any article or section thereo f . VALIDITY I f any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not effect the validity of the renaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance or each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. PENALTIES The following penalties, herewith set forth in full, shall apply to this ordinance: (a) It is unlawful for any person to violate any of the provi sions stated or adopted in this ord inance . (b) Every person convicted of a violation of a ny provision stated or adopted in this ordinance shall be punished by a fine not exceed i ng three hundred ($300.00) dollars, or by impri sonmen t not exceeding ninety (90) days, or by both such fine and i mprisonment. Section 4. Chapters 4, 5 , ~nd 6 of Title XIV of the 1969 Englewood Municipal Code are hereby expressly repealed. Introduced , read in f ul l and passed on F i rst Reading on the ~~~-day of Published as a Bi ll for a n Ordinance on the day of MAYOR -6- • 0 I • • ( ( • • • • AT'.."EST: e x 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 on First Reading on the day of passed ~~~~~~~-' 1978. ex offic io City Clerk-Treasurer -7- • 0 I • • • CITY COUNCIL MEETING OCTOBER 2, 1978 ORDINANCE II,.):'(. 25, 26, 27 RESOLUTION II 57, 58 , 59, 60 • • - • { 0 0 I .