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Home My WebLink About1977-05-16 (Regular) Meeting Agenda• • - CITY COUNCIL MEETING -May 16, 1977 Reg ular • - • • • \ • • • • RESOLUTION NO. ~~~' SERIES OF 1977 A RESOLUTION DIRECTING THAT THE CITY DITCH BE PIPED IN A CERTAIN LOCATIO N WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, a certain d itch known as the 'C i t y Ditch' carries irrigation waters orig inating on the South Platte River and traversing the City of Englewood generally from south to north, is an ope n ditch c rossing the properties between East Eastman Avenue and East Dartmouth Avenue on South Sherman Street within the City; and WHEREAS, the said open ditch presents a hazard to children who reside and play in the immediate vicinity . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City Ditch, wh e re it traver ses Lots 37 through 48, Block 3, ROSE ADDITI ON , to Englewood, be e n ca s ed in a thirty-six (36) inch reinfor ced concrete pipe. Section 2. That the cost of l abor and material for the piping of said ditch shall be borne b y the City of Englewood at a cost not to ex c eed Fifteen Thous a nd ($15,000.00) Dollars . Section 3. That said funds shall be taken from the Fund Balance of the General Fund of the City, and placed in a special account by the Director of Finan ce and to be held sole ly for the pay- ment of the construc tion of said impro vement . ADOPTED AND APPROVED this 16th day of May, 1977. MAYOR -1- • I • • - - • • • • • • I, William D. James, ex officio City Clerk-Treasure r of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. , Series of 1977. ex officio City Clerk-Treasurer -2- • I • • n t • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MAY 16, 1977 7:30 P.M . Call to order, invocation by Reverend Keith Merriman, El!Ullanuel United Methodist Church, 2700 South Downing, pledge of allegiance by Boy Scout Troop #154, and roll call. l. Minutes. (a) Minutes of the regular meeting of May 2' 1977. (Copies enclosed.) (b) Minutes of the special meeting of May 9, 1977 . (Copies enclosed.) 2. Pre-Scheduled Visitors. (a) Mr. Alan Rice, Conunander-Elect of V.F.W. Post #322, Englewood, will be present to accept the proclamation declaring the week of May 23, 1977 as "Veterans of Foreign Wars Buddy Poppy Week." (Copies enclosed.) (b) Mrs . Agnes Vardeman, 2073 West Baker, will be present to discuss the proposed changes and regulations governing auto wrecking and junk yard operations. (c) Mr. Andy Reece, 2926 West Union, will be present to present petitions to Council concerning the noise of trucks on West Union Avenue from Federal Blvd. to South Santa Fe Drive. (d) Mr. M. M. Sunnners, 3140 South Delaware, will be present to discuss the non-voting public . 3. Communications -No Ac tion Re commended. (a) Minutes of the Planning and Zoning Commission meeting of April 19 , 1977 . (Copies enclosed.) • I • • . _n - • • • • • • Page 2 May 16, 1977 Agenda 3. Cormnunications -No Ac ion Recomme nded . (b) Financial Report f or t he month of April, 1977 . (Copies enclosed .) 4. Cormnunications -Action Recommended. (a) Memorandum from the Director of Finance, Director of Utilities and Purchasing Agent to the City Mana g er concerning the Filter Backwash Disp osa l System. (Copies enclosed .) 5. City Attorney. Ordinances on Final Reading. (a) Ordinance approving an agreement between the Cities of Englewood and Littleton relating to orderly transfer of Englewood and Little t on employees to Bi-City Wastewater Treatmen t Facility. (Copies enclosed.) (b) Ordinance relating to the turning movements of vehicles on steady red lights. (Copies enclosed.) (c) Ordinance authorizing the issuance of special assessment bonds of the City of Englewood f or Paving District No. 24, for the construction and installation of street paving, curb and gutter and sidewalk improvements, in said District; prescribing the form of the bond s ; and providing for the payment of said bonds and the interest thereon. (Copies enclosed.) Bills for Ordinances . (d) Bill approving an agreement between the City of Englewood and the Regional Transpor t ation District for the use of City roadways and parking areas . (Copies enclosed.) (e) Bill repealing and reenacting Section 1 throug h 9, of the 1969 Englewood Municipal Code en ti tled "Auto Wrecking and Junk Yards." (Copies enclosed .) Resolution. (f) Resolution directing that the City Ditch be piped in a certain location within the City of Englewood. (Resolution and Memorandum from the Director of Utilities enclosed .) I • • • • • • • Page 3 May 16, 1977 Agenda 5. City At t orney (Continued). (g) Attorney 's Choice . 6 . City Manager (a) Agreement with the National Institute of Municipal Law Officers . (Copies enclosed.) (b) Memorandum from the Personnel Director to the City Manager concerning the return of ICMA-RC pension fund contributions. (Copies enclosed .) (c) Memorandum from the City Manager concerning the police training program . (d) Resolution amending t he 1977 Ge neral Fund Budget . (Co p ie s e n closed .) (e) Manager's Choice. 7. Other Visitors . 8. General Discussion . (a) Mayor's Cho i ce . (b) Council Member's Choice. 9. Adjournment . id.?!..~ City Manager • I • • - l • • • REGULAR MEETING: • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COL ORADO May 2 , 1977 /a. The City Council of th e City of Englewood, Arapahoe County, Colora d o , met in regular session on May 2, 1977 at 7 :30 p.m . Mayor Protem Clayton, presiding, called the meeting t o order . The invocation was given by Reverend Helen Walker, Esoteric Truth Center, 130 East Girard Avenue . The Pledge of Allegiance was led by Boy Sco ut Troop #154 . Mayor Protem Clayton asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Sovern , Smith , Brown, Mann, Clayton. Absent: Mayor Taylor. The l1ayor P rotem de c lared a quorum present. Also present were: City Manager McCown Administrative Assistant Brown City Attorney Berardini Director of Utili ti es Carroll Dir. of Finance/City Clerk James Deputy City Clerk Varner * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ON APRIL 18, 1977 . Councilman Brown seconded the motion. Upon a call of the roll, the vote result e d as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton . Nays: None . Absent: Mayor Taylor. The Mayor Protem declared the motion carried . * * * * * * Thomas Nelson, representative from King Soopers located at 5050 South Federal Boulevard, appeared and requested City Council 's approval for remodelin g . COUNCILMAN SOVERN MOVED TO APPROVE THE REQUEST FOR REMODELING FROM KING SOOPERS, 5050 SOUTH FEDERAL BOULEVARD. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • • • May 2 , 1977 Page 2 • - Ayes: Coun cil Members Williams, Sovern, Smith, Brown, Mann, Clayton . Nays: None . Absent: Mayor Tay lor. The Mayor Protem declared the motion carried. ****** COUNCILMAN BROWN MOVED TO CHANGE THE AGENDA BY CONSIDERIN G THE "VISITORS" SECTION AT THIS TIME. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Williams, Sovern, Smi th, Brown, Mann, Clayton . Nays: None . Absent : Mayor Taylor. The Mayor Protem declared the motion carried and asked i f there were a ny visitors in the audience that wished to be heard. Ray Ludwig, 2888 South Ogden, appeared on behalf of CONCENSUS concern- ing the proposed car shredding operation to be located at 2100 West Oxford Avenue . He requested City Council's assistance as follows : (a) request extension from Denver Health and Hospitals for Denver Metals to operate their present shredder at its present location in Denver until a more approp riate site is found; (b) presentation at public hearing before Arapahoe County Commissioners on May 16, 1977 concerning Certificate of Designation for this operation , to include a demonstration of the destructive economics involved with the adjoining property a nd securing an appraisal of this area with City funds ; (c) extend invitation to Arapahoe County Corranissioners to join in a helicopter trip u p the Platte River at 2 :00 p.m. on May 5, 1977. Mr. Ludwig also noted that there are currently three other locations available for th e shredder site. Discussion followed by City Council concerning the appraisal a nd the amoun t of money it would cost . Councilman Sovern suggested a more logical approach of receiving testimony from realtors which deal in speculation rather than an app raisal . COUNCILMAN SOVERN MOVED TO DIRECT THE MAYOR OR DESIGNATED REPRESENTA- TIVE TO CONTACT DENVER HEALTH AND HOSPITALS REGARDING AN EXTENSION OF THE PERMIT TO DENVER METALS . Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams , Sovern, Smith, Brow n, Mann, Clayton. Nays : None. Absent: Mayor Taylor. The Mayor Protem declared the motion carried • I • • ( ( ( \ • May 2, 1977 Page 3 • • Councilman Sovern suggested setting up a contingency f und i n case it is needed to explore othe r angles during the next tw o weeks, s uch as contacting a n expert in the area of mechanical engineerin5 to review thi s situa tion. COUNCILMAN BROWN MOVED TO DIRECT THE CITY MANAGER TO HAV E $6 ,000 AVAILABLE IN A SPECIAL FUND TO BE USED BY CITY COUNC IL AFTER A POLL OF THE CITY COUNCIL MEMBERS. Councilman Smith seco nded the motion. COUNCILMAN SMITH MOVED TO AMEND THIS MOTION THAT ANY UNUSED FUNDS NOT USED BY JULY 1, 1977 BE RETURNED TO THE FUND BALANCE UNLESS AN EXTENSION IS APPROVED. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clay ton. Nays: None. Absent: Mayor Taylor. The Mayor Protem declared the motio n carried . Upon a call of the roll, the vote on the original motio n as amend ed resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Bown, Mann, Clay t o n. Nays: None. Absent: Mayor Taylor. The Mayor Protem declared the motion carried. COUNCILMAN SOVERN MOVED THAT CITY COUNCIL CONTACT THE ARAPAHOE COUNTY COMMISSIONERS TO INVITE THEM TO ATTEND THE TRIP UP THE PLATTE RIVER. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Mann, Clayton. Nays: Council Member Smith. Absent: Mayor Taylor. The Ma yor Protem declared the motion carried. COUNCILMAN SMITH MOVED THAT A LETTE R BE DIR ECTED TO THE ARAPAHOE COUNTY COMMISSIONERS EXTENDING THE CURRENT ZONING MORATORIUM FOR ANOTHER SIX MONTHS. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Wil liams, Sovern, Smith, Brown, Mann, Clayton. • I • • • • May 2 , 1977 Page 4 Nays: None . Absent: Mayor Taylor , • - The Mayor Protem declared the motion carried . Mayor Protem Clayton asked if there were any o ther visitors that wished to be heard. No one appeared. * * * * * * COUNCILMAN SOVERN MOVED TO OPEN A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL EVENTS PERMIT (3.2 BEER) FROM ALL SOULS CATHOLIC CHURCH , 4951 SOUTH LOGAN STREET . Councilman Mann seconded the motion, Upon a call of the roll, the vote resulted as follows : Ayes : Council Members Williams, Sovern , Smith, Brown, Mann, Clayton. Nays: None . Absent : Mayor Taylor . The Mayor Protem declared the motion carried and asked if any one in the audience wished to speak in favor of this permit. Sam Kosiara, 660 East Grand Avenue, ap pea red and explained that they a re having a two-day festival on May 21 & 22 to raise funds for the parish. The hours of the festival will be 1:00 p.m . until 11:00 p.m. He noted that the y wish to serve 3.2 beer with sandwiches. Reverend John J . Grabrian , 435 Penwood Circle , appeared and he has c hecked with the Police Department concerning the game prizes. fur ther stated that they did not check for o ther available facilities they want to use their own facilities, stated He because Councilman Sovern noted that the licensed facilities available are "The John", 90 West Belleview Avenue, and "The Sou th Door", 5470 South Broadway; but their hours conflict with the desired hours for the festival . Mayor Protem Clayton asked if any one in the audience wished to speak against this permit . No one appeared. COUNCILMAN SOVERN MOVED TO CLOSE THE PUBLIC HEARING. Coun c ilman Mann seconded the motion , Upon a call of the roll, the vote r es ulted as follows : Ayes : Council Members Williams, Sovern, Smith , Brown, Mann, Clayton. Nays: None . Absent: Mayor Taylor. The Mayor Protem declared the motion carried. • I • • In n - • ( • May 2, 1977 Page 5 • • COUNCILMAN MANN MOVED TO APPROVE A SPECIAL EVENTS PERMIT -3 .2 BE ER FOR ALL SOULS CATHOLIC CHURCH, 4951 SOUTH LOGAN, FROM 1:00 P .M. UNTIL 11 :00 P .M. ON MAY 21 & 22, 1977. Councilman Williams seconded the motion . Upon a call o f the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown , Ma nn, Clayton . Nays: Council Member Smith, Absent: Mayor Taylor. The Mayor Protem declared the motion ca rried . ****** "Communications-No Action Recommended" on th e agend a were received: a. Minutes of the Police Pension Board meetings o f March 31, April 8, and April 26, 1977, b. Minutes of the Planning and Zoning ColTlllission meeting of April 5, 1977. c . Minutes of the Library Board meeting of April 12, 1977. d, Minutes of the Firemen's Pensio n Board meeting of April 14, 1977. e. Minutes of the Parks and Recreation Commission meeting of April 14, 1977. * * * * * * Dire c tor of Utilities Ca rroll presented a recommendation from the Water and Sewer Board for approval of a six-month extension on the lease/purc has e agreemen t with Coors over the Boreas Pass water rights which expires on May 9 , 1977. He explained that this extension would give the City time to co nsider a new proposal from Coors. COUNCILMAN SMITH MOVED TO APPROVE A SIX-MONTH EXTENSION ON THE LEASE/PURCHASE AGREEMENT WITH COORS OVER THE BOREAS PASS WATER RIGH TS . Councilman Brown seconded the motion, Upon a call of th e roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Ma nn, Clayton . Nays: None, Abstain: Coun cil Member Sovern. Ausent: Mayor Ta ylor • • I • • In 0 n • • • • • May 2 , 1977 Page 6 The Mayor Protem dec lared the motion ca rried. * * * * * * Director of Utilities Carroll presented a recommendation from th e Water a nd Sewer Board for approval of Supplement 11 8 to the Greenbelt Sanitation District Connector Agreement, provided tha t the District agree to a stipulation tha t, s hould the land be zoned to a highe r density, sewer service will be pro- vided only upon a mutually acceptable residential-equivalent density on th e p roperty. This invo lves inclus ion of ten acres in Greenwood Village into the Greenbelt Sanitation District . One 2 .5 acre parcel is zoned B-1, and one 7.5 acre parcel is zoned R-2 .5; and there are no pending rezoning requests or subdivision pl a ts on the subject ground. COUNCILMAN SOV~RN MOVED TO APPROVE SUPPLEMENT 1/8 TO THE GREEN BEL T SANITATION DISTRICT CONNECTOR AGREEMENT . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Ma nn, Clayton. Nays: None . Ab sent: Mayor Tay lor . The Mayor Protein declared the motion ca rried. * * * * * * Director of Utilities Carroll presented a r ecomme nd ation from th e Wa ter and Sewer Board for app r oval of Supplement 115 3 to the Southgate Sanita- tion District Connector Agreement . Ile noted that Greenwood Village has indicated the zo ning recently approved for the proposed Town Center Development Planned Uni t Development would remain as a cove nant on the property should this develop- men t fail. COUNCILMAN MANN MOVED TO APPROVE SUPPLEMENT 1153 TO SOUTHGATE SAJ JITATION DISTRIC T CONNECTOR AGREEMENT. Councilman Sovern seconded the motion . Upo n a call of t h e r oll, the vote resulted as follows: Ayes : Council Members Williams, Sovern , Smith, Brown, Mann, Clayton. Nays : None . Absen t: Mayor Taylor . The Mayor P rotem d eclar ed the motion c arried • ****** Director of Utilities Carroll presen ted a recommendation from the Wa t er a nd Sewer Board fo r approval of Supplement Il l to the Cherry Hills Village Sanitation District Connector Agreement . The area involved is known as the • I • • • • ( • May 2 , 1977 Page 7 - Kent-Denver Country Day School and is currently served by its own treatment plant which discharges into Greenwood Gulch . COUNCILMAN SMITH MOVED TO APPROVE SUPPLEMENT 1/1 TO THE CHERRY HILL S VILLAGE SANITATION DISTRICT CONNECTOR AGREEMENT . Councilman Mann sec onded the motion . Upo n a call of the roll, the vote resul ted as follo ws: Ayes: Council Members Williams, Sovern, Smith , Brown, Mann, Clay t o n. Nays : None. Absent : Mayor Taylor . The Mayor Protem declared the motion carried . ****** Director of Utilities Carroll presented a recorronendation from the Water and Sewer Board for approval of the distributor contrac t with the Windermere Water Users' Association . This co ntrac t would serve an 8.35 acre parcel of ground in Littl e ton but adjacent t o Englewood along the west side of South Windermere near West Belleview . The land is zoned "industrial " a nd water demands are expected to be nominal . COUNCILMAN SOVERN MOVED TO APPROVE THE DISTRIBUTOR CONTRACT WITH THE WINDERMERE WATER USERS' ASSOCIATION . Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern , Smith, Brown, Mann, Clayton. Nays: None. Absent : Mayor Taylor . The Mayor Protem declared the motion carried. ****** Director of Utilities Carroll presented a recomme ndation from the Water and Sewer Board for approval of a t ap-on agreement with the Valley Sanitation District Connector Ag reement. This agreement involves a commercial development known as "Prid e " located in the 2700 block of West Belleview in Littleton . COUNCILMAN MANN MOVED TO APPROVE THE TAP-ON AGREEMENT WITH THE VALLEY SANITATION DISTRICT CONNECTOR AGREEMEN T . Councilman Sovern seco nded th e motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None • • I • May 2 , 1977 Page 8 • Absent : Mayo r Taylor . The Mayo r Protem decl a red the motion carried . * * * * * * Director of Utilities Carroll presented a recommendation from th e Water a nd Sewer Board tha t City Council, during their deliberations on Al t ernate #2 , consider ha ving the City ass ume the cost of the conversions a t c ha nge of ownership and occ upancy, and for voluntary conversions; and tha t such cos ts be included in the bond issue. COUNCILMAN MANN MOVED TO RECEIVE THIS RECOMMENDATION. Councilman Smith seco nd ed t he mot i on. Upo n a call of the roll, the vote resulted as fo llows: Ayes : Council Members Williams , Sovern, Smith, Brown, Mann, Clayton. Nays : None . Absent : Mayor Taylor . The Mayo r Pro tem decla r ed the motion c arried. ****** RESOLUTION NO . 25 , SERIES OF 1977 A RESOLUTION TO CHANGE THE POSITION OF ASSISTANT DIRECTOR OF COMMUNITY DEVELOP- ~NT FOR CODE ENFO RC E!-1ENT TO THE POSITION ENTITLED CHIEF BUILDIN G INSPECTOR AND RECLASSIFY THE PO SITION FROM GRADE 11 ($1,386.00) TO GRADE 10 ($1,290.00). COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 25, SERIES OF 1977. Coun c ilman So vern seco nded the motion. Upon a call of the roll, the vote resulted as fo llow s : Ayes : Cou nc il Members Williams, Sovern, Smith, Brown, Mann, Clayton. Na ys: None . Absent: Mayor Taylor . The Mayor Pro tem declared the motion c arried. ****** RESOLUTION NO. 26 , SERIES OF 1977 A RESOLUTION TO RE MOVE THE POSITION OF ENGINEERING AIDE III (GRADE 7 -$1,039.00) FROM THE CLASSIFICATION SYSTEM AND ADD THE POSITION OF ENGINEERING INSPECTION SUPERVISOR (GRADE 7 -$1 ,039 .00) TO THE PRESENT CLASSIFICATION SYSTEM. I • ( • May 2, 1977 Page 9 - COUN CILMAN MANN MOVED TO PASS RE.SO LUTION NO . 26 , SERIES OF 1977 . Councilman Sovern seco nded the nv::>tion . Upon a ca ll o f th e roll , th e vo t e resulted as follows: Ayes : Council Members Wi lliams , So ve rn, Smi t h , Br own , Ma nn, Cl ay t o n . Nays: None . Absent: Mayor Taylor . The Mayor Protem dec lared the mo tion ca rried . * * * * * * RESOLUTION NO . 27 , SERIES OF 1977 A RESOLUTION TO REMOVE THE POSITION OF FIELD ENGINEER (GRADE 10 -$1 ,290 .00 ) FROM THE CLASSIFICATION SYSTEM AND ADD 1~E POSI TION OF CITY SURVEYOR (GRADE 8 - $1 ,115.00 ) TO THE CLASSIFICATION SYSTEM . COUNCILMAN WILLIAMS MOVED TO PASS RE SOLUTION NO. 27, SERIE S OF 197 7 . Councilman Mann seconded the motion . Up on a call of th e roll, th e vo t e r es ulted as follows: Ayes: Coun c il Members Williams, Sovern , Smith, Br own, Mann, Clay t on . Nays : None . Absent: Mayor Taylor . The Mayor Pro t em de c lared the motion carried . * * * * * * COUNCILMAN SOVERN MOVED TO RENEW THE 3 .2 BEER LICE NSE FOR SEV EN-ELEV EN STORE, 2705 SOUTII BROADWAY . Councilman Mann sec onded th e motion . Up on a call of th e roll, the vote resulted a s follows : Ayes: Coun c il Me mbe r s Williams , Sovern, Smith, Brown, Mann, Clayto n. Na ys: No ne . Absent: Ma yo r Tay l o r . The Ma yo r Protem declared the mo tion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHOR! TY ORDlNANCE NO. 9 SERIES OF 1977 AN ORDINANCE APPROVING A UTILITY EASEMENT FROM THE CITY OF ENGLEWOO D, COLORAD O, TO TH E ENGLEWOOD HOUSING AUTHORITY • • I • • • • May 2 , 1977 Page 10 COUNCILMAN MANN MOVED TO PASS ORDINANCE NO . 9, SERIES OF 1977, ON FI NAL READING . Councilman Williams seconded the motion . Upon a call of the roll , the vote resulted as follows: Ayes : Coun cil Members Williams, Sovern, Smith, Brown , Mann , Cl ay ton. Nays : None. Absent : Mayor Taylor . The Mayor Protem declared t he mo t ion carried . ****** INTRO DUCED AS A BILL BY COUNCILMAN BROWN A BIL L FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN TI-IE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO , RELATING TO TIIE ORDERLY TRANSFER OF ENGLEWOOD AND LITTLETON EMPLOYEES TO TI-IE BI -CITY WASTE WATER TREATMENT FACILITY . COUNCILMAN BROWN MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON , COLORADO , RELATING TO TIIE ORDERLY TRAN SFER pF ENGLEWOOD AND LITTLETON EHPLOYEES TO THE Bl -CITY WASTE WATER TREATMENT FACILITY . Councilman Ma nn seconded the motion . Upon a call of the roll , t he vo t e r esul ted as follows : Ayes : Council Members Williams , Sovern, Smi th, Brown, Mann, Clayton . Nay s: None . Absent: Mayor Taylor . The Mayor Protem decla red t he mo t ion carrie d. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE AMENDING SECTION 7, CHAPTER 2 , TITLE XI V OF THE 1969 ENGLEWOOD MUNICIPAL CODE , RELATING TO TI-IE TURNING MOVEMENTS OF VEHICLES ON STEADY RED LICHT . COUNCILMAN WILLIAMS MOVE D TO PASS ON FIRST RE AD ING A BILL FOR AN ORDINANCE AMENDIN G SECTION 7 , CHAPTER 2 , TITLE XIV OF THE 1969 ENGLEWOOD MUN IC IPAL CODE , RELATING TO THE TURNING MOVEMENTS OF VEHICLES ON STEADY RED LIC HT . Co uncilman Sovern seconded the mo ti on . Upo n a call of t he r oll, the vote resulted as follows: • I • • • May 2 , 1977 Page 11 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton . Nays: None. Absent: Mayor Taylor. The Mayor Pr otem declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE ClTY OF ENGLEWOOD , COLORADO , FOR PAVING DISTRICT NO. 24 FOR THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS IN SAID DISTRICT; PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING FOR THE PAYME T OF SAID BONDS AND THE INTEREST THEREON . City Ma n ager McCown noted these bonds are in the amount of $55 ,000 and are being awarde d to First National Bank of Englewood thr oug h this Bill . COUNCILMAN SOVERN MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO , FOR PAVING DISTRICT NO . 24 FOR THE CONSTRUC TION AND INSTALLATION OF STREET PAVING , CURB AND GUTTER AND SIDEWALK IMPROVEMENTS IN SAID DISTRICT; PRESCRIBING THE FORM OF THE BONDS ; AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON. Councilman Williams seconded the motion . Upon a call of the roll , the vote resulted as follows : Ayes: Co uncil Members Williams, Sovern, Smith, Brown, Mann, Clayt on. Nays : None . Absent : Mayor Taylor . The Mayor Protem declared the motion ca rried. * * * * * * City Manager McCown presented a resolution issuing the special a ssessment bonds for Paving District No. 24 in the amount of $55,000 to First National Bank of Englewood. COUNCILMAN SOVERN MOVED TO PASS RESOLUTION NO. 28, SERIES OF 1977. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern , Smith, Brown, Mann, Clayton. Nays: None • • I • • • • • May 2 , 1977 Page 12 Absent : Mayor Taylor. • - The Mayor Protem declared the motion carried . * * * * * * RESOLUTION NO. 29, SERIES OF 1977 A RESOLUTION OF THE CITY OF ENGLEWOOD , COLORADO, CONFIRMING USE OF EQUIPMENT AT THE Bl-CITY WASTE WATER TREATMENT PLANT. COUNCILMAN SOVERN MOVED TO PASS RESOLUTION NO. 29 , SERIES OF 1977 . COUNCILMAN SMITH SECONDED THE MOTION. Upon a call of the roll, the vote resulted as follo ws: Ayes : Council Members Williams, Sovern , Smith, Brown, Mann, Clayton . Nays : None. Absent : Mayor Taylor . The Mayor Protem declared the motion carried . * * * * * * City Attorney Berardini presented a report concerning the case of the City of Englewood vs . Kenneth C. Chandler, dba Back Door Discount Liquors . The City has re ceived the offer for sale of this package liquor store to an individual who would qualify as its operato r to restore to the City all of its cos t s expended in the hearings for this revocation. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO REPLY NEGATIVELY TO THIS OFFER AND THAT THE CASE BE CONTINUED . Councilman Sovern seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes : Coun cil Members \.Jilliams , Sovern, Smith , Brown, Mann, Clayton. Nays : No ne . Absent : May or Taylor . The Mayor Protem declared the motion carried. * * * * * * City Attorney Berardini presented a report conce rning the case of Brode rick Lumber vs. City of Englewood , This suit is to r ecover compensation for rights-of-way f o r pip e line and roads in Grand County . The total settle- men t f igure is $26 ,750; and the City's share is $10 ,125 . COUNCILMAN SOVERN MOVED TO AUTHORIZE THE CITY ATTORNEY TO OFFER SETTLEMENT IN THE CASE OF BRODERICK LUMBER VS, CITY OF ENGLEWOOD IN THE AMOUNT OF $26 ,750 ; THE CITY 'S SHARE NOT TO EXCEED $10 ,125 . Cou n cilman Smith seconded the motion . Upon a call of the roll, the vote r esulted as follows : • I • • • • • May 2 , 19 77 Pa ge 13 • • Ayes : Coun cil Me mbers Wi lliams , So ve rn, Smi t h , Br own , Mann , Cl ay t on. Nays : No ne . Absen t : Ma yo r Tay lor . The Mayor Protem decla r ed th e mo t ion ca rried . * * * * * * City Attorney Bera r dini presen t e d a r e po r t con cerning t he case of Th ursto n vs . City o f Englewood. Mrs. Thur s t o n ha s been a wa rded $5,000 fo r da mage t o her property a s a r es ul t o f ve hic l es c r ossing it af t e r s he purc ha s ed it. Mr . Bera rdini recommend e d tha t Mrs . Thurston co nv ey a n a dditiona l two and o ne-half feet rig ht-of-way o n Lo gaQ Street in exc ha ng e fo r th e City no t f iling a moti o n to set aside the award , wh i c h i s acce ptable t o Mrs . Thu r s t on . He f urthe r re commended tha t the f ence on East Ya le Av e nue wh i ch encroaches o n publ i c right-o f -way remain until th e r i gh t -o f -way is ne eded . COUNCILMAN BROWN MOVED TO ACCEP T THI S RECOMMENDATION FROM THE CITY ATTO RNE Y AND TO ACC EPT THIS OF FER OF SETIL EMEN T . Coun cilma n Williams s eco nded t he motion . Upon a call o f the ro l l, t he vo t e r esulted a s fol l ows : Ayes : Council Members Wil l i ams , So v e r n , Smith , Br own , Man n , Cl ay t on . Nays: None . Absent: Ma yor Tay l o r. The Mayor Prote m dec l a r e d the motio n ca rried. * * * * * * City Manager Mc c own pre se nted a me mo r a ndum con cerning the c ity-own ed prope rty lo ca ted at the old Po lic e/Fire s ite . He r e ques t ed t he a s si s t ance of the De nv e r Reg i onal Co un cil of Go vernm e nt s , thro u gh th ei r local pla nn i ng a s sis t a n c e prog r am , to do a ma r ke t a nalysis of this a r e a . Th e r e i s no c ha r ge for t his se rv i c e . COUNCILMAN SOVE RN MOVED TO AUTH ORI ZE THE CI TY MANAGER TO WORK WI TH THE DENVER REGIONAL COUNCIL OF GOVERNMENT S I N A MARKE T STUDY OF TH E PROPERTY BOUN DED BY ACOMA , BANNOCK , GI RA RD AND FLOYD STRE ETS . Co un ci l ma n Williams se c on ded t he mo t ion. Upo n a c all of the r o ll, the vote resul t ed as follows : Ayes : Co un c il Mem b e r s Williams , So vern, Smith , Brown, Mann , Clay t on . Nays : None. Ab sen t : May o r Taylo r. The Ma yor Protem decla r e d the mo t ion ca rried . ****** • I • • • • • May 2 , 1977 Page 14 • • City Manager McC own reported his office had received a request from the international City Management Association for cities ' participation in a law suit aga inst a law passed by the federal gove rnment whi ch maintains that ci ties start picking up the cost of un mployment compensation . He s tated the cost would be b ased on a population basis , an d the City of Englewood 's share would be approxima t ely $2 ,500 . Mr. Mccown requested time t o review this ma tter with City Council ac t ion in a study session af ter th e special City Council meeting on May 9 , 1977 . Council agreed to this schedul . * * * * * * Mer t yl J ones , 5020 South Washington , appeared before City Council concerning the "Ci t izen" newsletter . She presented questions which were answered by City Manager McCown . Mrs • .Jones suggested hearing from th e City Ma nager , a different Ci t y Counc il Mem b er , and/or the Mayor each mon th. * * * * * * There being no further business , the May o r Protem adjourned the City Council meeting a t 9 :47 p .m. City Clerk • I . : ) • REGULAR MEETING: • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO May 2, 1977 I a. The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on May 2, 1977 at 7:30 p.m. Mayor Protem Clayton, presiding, called the meeting to order. The invocation was given by Reverend Helen Walker, Esoteric Truth Center, 130 East Girard Avenue. The Pledge of Allegiance was led by Boy Scout Troop #154. Mayor Protem Clayton asked for roll call. Upon the call of the roll, the followin g were present : Coun c il Members Williams, Sovern, Smith, llrown, Mann, Clayton. Absent: Mayor Taylor. The Mayor Protem declared a quorum present. Also present were: City Manager McCown Administrative Assistant Brown City Attorney Berardini Director of Utilities Carroll Dir. of Finance/City Clerk James Deputy City Clerk Varner ****** COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ON APRIL 18, 1977. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Protem declared the motion carried. ****** Thomas Nelson, representative from King Soopers located at SOSO South Federal Boulevard, appeared and requested City Council's approval for remodeling. COUNCILMAN SOVERN MOVED TO APPROVE THE REQUEST FOR REMODELING FROM KING SOOPERS, SOSO SOUTH FEDERAL BOULEVARD. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • - • • May 2 , 1977 Page 2 • • • Ayes: Council Members Williams, Sovern, Smi th, Brown, Mann , Clayt on . Nays : None. Absent: Mayor Taylor . The Mayor Protem de clared th e mo tion carried. * * * * * * COUNCILMAN BROWN MOVED TO CHANGE THE AGENDA BY CONSIDERING THE "VISITORS" SECTION AT THIS TIME . Councilman Hann seconded the motio n. Upon a cal l of the roll, the vote resulted a s follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann , Clayton . Nays : None. Absent : Mayor Taylor. The Mayor Protem declared the motion carried and asked if there we r e any visitors in th e audience tha t wished to be heard. Ray Ludwi g , 2888 So uth Ogden, ap pea red on behalf of CONCENSU S co nc e rn- ing the proposed ca r shreddin g operation to be locat e d at 2100 West Oxford Avenue. He requested City Council's assistance as follows: (a) request extension from De nver Health a nd Hospita ls for Denver Me t als to operate t h eir present shredder a t its present location in Denv e r until a more a ppropriate site is found; (b) presenta tio n at public hearing before Arapahoe County Commissioners o n May 16, 1977 concerning Certificate of Designa tion for this operation, to incl ude a demonstr a tion of the destruc tive economics involved with the adjoining property and securing an appraisal of this area with City funds; (c) extend invitation to Arapahoe County Commissioners to join in a helicop ter tri p up the Platte River a t 2:00 p.m. on May 5, 1977. Mr. Ludwi g also noted that there are currently thr ee o ther locations available fo r the shredd e r site . Dis c ussion followed b y City Coun cil co ncernin g the app r a isa l and th e a mount of money it would cost. Councilman Sovern suggested a mo re l ogical app r oach of receiving testimony from realto r s which deal in speculation r a ther than an app r aisal . COUNCILMAN SOVERN MOV ED TO DIRECT THE MAYOR OR DESI GNATED REPRESENTA - TIVE TO CONTACT DENVER HEALTH AND HOSPITALS REGARDING AN EXTENSION OF THE PERMIT TO DENVER METALS. Councilman Smith seconded the motion. Upon a ca ll of the roll, the v o te resulted as follows : Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton • Nays : None. Absent: Mayor Taylor . The Mayor Protem dec lared the motion carried . I • • May 2, 1977 Page 3 • • • Councilman Sovern sugges ted setting up a contingenc y f und in c ase it is needed to explore other angles during the next two weeks, such as contacting an expert in the area of mechanical engineering to review this situation . COUNCILMAN BROWN MOVED TO DIRECT THE CITY MANAGER TO HAVE $6,000 AVAILABLE IN A SPECIAL FUND TO BE USED BY CITY COUNCIL AFTER A POLL OF 11fE CITY COUNCIL MEMBERS. Councilman Smith seconded the motion. COUNCILMAN SMITH MOVED TO AMEND THIS MOTION THAT ANY UNUSED FUNDS NOT USED BY JULY 1, 1977 BE RETURNED TO THE FUND BALANCE UNLESS AN EXTENSION IS APPROVED. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smi th, Brown, Mann, Clayton. Nays: None . Absent : Mayor Taylor . The Mayor Protem declared th e motion carried. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes: Council Members Williams, Sovern, Smith , Brown, Mann, Clayton. Nays : None . Absent : Mayor Taylor. The Mayor Protem declared the motion carried. COUNCILMAN SOVERN MOVED THAT CITY COUNCIL CONTACT THE ARAPAHOE COUNTY COMMISSIONERS TO IN VITE THEM TO ATTEND THE TRIP UP THE PLATTE RIVER. Councilman Mann seconded the motion. Upon a call of the roll, the v ote resulted as follows: Ayes: Council Members Williams , Sovern , Brown, Mann, Clayton. Nays: Council Member Smith . Absent: Mayor Taylor . The Mayor Protem declared the motion c arried. CO UN CILMAN SMITH MOVED THAT A LETTER BE DIRECTED TO THE ARAPAHOE COUN TY COMMISSIONERS EXT ENDING THE CURRENT ZONING MORATORIUM FOR ANOTHER SIX MONTHS. Counc ilman Mann seconded the motion. Upon a call of the r oll , the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clay ton. • • I • • • • • May 2, 1977 Page 4 Nays: None. Absent: Mayor Taylor. The Mayor Protem dec lared the motion ca rried. Mayor Protem Clayton asked if there were any other visitors that wished to be heard. No one appeared. * * * * * * COUNCILMAN SOVERN MOVED TO OPEN A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A SPECIAL EVENTS PERMIT (3.2 BEER) FROM ALL SOULS CATHOLIC CHURCH , 4951 SOUTH LOGAN STREET. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton . Nays: None. Absent: Mayor Taylor . The Mayor Protem declared the motio n carried and asked if any one in the audience wished to speak in favor of this permit. Sam Kosiara, 660 East Grand Avenue , appeared and explained that they are having a two-day festival on May 21 & 22 to raise funds for the parish. The hours of the festival will be 1:00 p.m. until 11:00 p.m. He noted that they wish to serve 3.2 beer with sandwiches. Reverend John J. Grabrian, 435 Penwood Circle, appeared and stated he has checked with the Police Department concerning the game prizes. He fu rther stated that they did not check for other available facilities because they want to use their own facilities. Councilman Sovern noted that the licensed facili ties available are "The John", 90 West Belleview Avenue, and "The Sou th Door", 54 70 South Broadway; but their hours conflict with the desired hours for the festival . Mayor Protem Clayton asked if any one in the audience ~ished to speak against this permit. No one appeared. COUNCILMAN SOVERN MOVED TO CLOSE THE PUBLIC HEARING. Coun ci lman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Protem declared the motion carried • • I • - • • • • • • May 2 , 1977 Page 5 COUNCILMAN MANN MOVED TO APPROVE A SPECIAL EVENTS PERMIT-3.2 BEER FOR ALL SOULS CATHOLIC CHURCH, 4951 SOUTH LOGAN, FROM 1:00 P.M. UNTIL 11:00 P .M. ON MAY 21 & 22, 1977. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Mann, Clayton. Nays: Council Member Smith. Absent: Mayor Taylor. The Mayor Protem declared the motion carried. * * * * * * "Coonnunications-No Action Recommended" on the agenda were received: a . Minutes of the Police Pension Board meetings of Mar ch 31, April 8, and April 26, 1977. b. Minutes of the Planning and Zo nin g ColTlllission meeting of April 5, 1977. c . Minutes of the Library Board me e ting of April 12, 1977. d . Minutes of the Firemen's Pension Board meeting of April 14, 1977. e . Minutes of the Parks and Recreation Commission meeting of April 14, 1977. * * * * * * Director of Utilities Carroll presented a re commendation from the Water and Sewer Board for approval of a six-month extension on the lease/purchase agreement with Coors over the Boreas Pass water rights which expires on May 9, 1977. He explained that this extension would give the City time to consider a new proposal from Coors • COUNCILMAN SMITH MOVED TO APPROVE A SIX-MONTH EXTENSION ON THE LEASE/PURCHASE AGREEMENT WITH COORS OVER THE BOREAS PASS WATER RIGHTS. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Wi l liams, Smith, Brown, Mann, Clayton. Nays: None. Abstain: Council Member Sovern. Absent: Mayor Taylor • • I • • n ........ • • • • • - May 2, 1977 Page 6 The Mayor Protem declared the motion carried . * * * * * * Director of Utilities Carroll presented a recommendation from the Water and Sewer Board for approval of Su pplement #8 to the Greenbelt Sanitation District Connector Agreement, provided that the District agree to a stipulation that, should the land be zoned to a higher density, sewer service will be pro- vided only upon a mutually acceptable residential-equivalent density on the property. This involves inclusion of ten acres in Greenwood Village into the Greenbelt Sanitation Distric t. One 2.5 acre parcel is zoned B-1, and one 7.5 acre parcel is zoned R-2 .5; and there are no pending rezoning requests or subdivision plats on the subject ground. COUNCILMAN SOVERN MOVED TO APPROVE SUPPLEMENT #8 TO THE GREENBELT SANITATION DISTRICT CONNECTOR AGREEMENT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None . Absent: Mayor Taylor. The Mayor Protem declared the motion carried. * * * * * * Director of Utilities Carroll presented a recommendation from the Water and Sewer Board for approval of Supp lement #53 to the Southgate Sanita- tion District Conn ector Agreement. He noted that Greenwood Village has indicated the zoning recently approved for the proposed Town Center Development Planned Unit Development would remain as a covenant on the proper t y should this de velop- ment fail . COUNCILMAN MANN MOVED TO APPROVE SUPPLEMENT #53 TO SOUTHGATE SANITATION DISTRICT CONNECTOR AGREEMENT . Councilman Sovern seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith , Brown, Mann, Clayton. Nays: None . Absent: Mayor Taylor . The Mayor Protem declared the motion ca rried. * * * * * * Director of Utilities Carroll presented a recoD1Dendation from the Water and Sewer Board for approval of Supplement #1 to the Cherry Hills Village Sanitation District Connector Ag reement. The area involved is known as the • • I • In • • • • May 2 , 1977 Page 7 Kent -Denver Country Day School and is cu rrently served by its own treatment plant which discharges into Greenwood Gulch. COUNCILMAN SMITI! MOVED TO APPROVE SUPPLEMENT Il l TO TI!E CHERRY HILLS VILLAGE SANITATION DISTRICT CONNECTOR AGREEMENT . Councilman Mann s econded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Coun c il Members Williams, Sovern, Smith , Brown , Mann, Clayton . Nays: No ne . Absent : Mayor Taylor . Th e Mayor Protem declared the motion carried. * * * * * * Director of Utilities Carroll presented a recolllllendation from the Water and Sewer Board for approval of the distributor contrac t with the Windermere Water Users' Association . This c ontract would serve a n 8 .35 acre parcel of ground in Littleton but adjacent to Englewood along the west side of South Windermere near West Belleview. The l a nd is zoned "industrial" a nd water dem a nds are expected to be nominal . COUNCILMAN SOVERN MOVED TO APPROVE THE DIST RIBUTOR CONTRAC T WITH THE WINDERMERE WATER USERS' ASSOCIATION. Councilman Ma nn seconded the motion. Upon a call of the roll, the vo t e resulted as follows : Ayes : Co unc il Members Williams, Sovern, Smith , Brown , Mann, Clayton. Nays : None . Absent: Mayor Taylo r. The Mayor Protem declared the motion ca rri ed . ****** Direc tor of Utilities Carroll present e d a r ecomme ndatio n from th e Water a nd Sewer Board for approval of a tap-on agreement with the Valley Sanitation District Connector Ag reement. This ag reement involves a comm e r cial development known as "Pride" located in the 2 700 block of West Belleview in Littleton . COUNCILMA N MANN MOVED TO APPROVE THE TAP-ON AGREEMENT WITI! THE VALLEY SANITATION DISTRICT CONNECTOR AGREEMENT. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Williams, Sovern, Smith , Brown , Mann, Clayton . Nays: None. I • • Ir:, ...... • • • • • - May 2 , 197 7 Page 8 Absent: Mayor Taylor. The Mayor Protem declared the motion carried. * * * * * * Director of Utilities Carroll presented a recommendation from the Water and Sewer Board that City Council, during their deliberations on Alternate #2, consider having the City assume the cost of the conversions at change of ownership and occupancy, and for voluntary conversions; and that such costs be included in the bond issue . COUNCILMAN MANN MOVED TO RECEIVE THIS RECOMMENDATION. Coun c ilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None . Absent: Mayor Taylor . The Mayor Protem declared the motion carried. * * * * * * RESOLUTION NO. 25, SERIES OF 1977 A RESOLUTION TO CHANGE THE POSITION OF ASSISTANT DIRECTOR OF COMMUNITY DEVELOP- MENT FOR CODE ENFORCEMENT TO THE POSITION ENTITLED CHIEF BUILDING INSPECTOR AND RECLASSIFY THE POSITION FROM GRADE 11 ($1,386.00) TO GRADE 10 ($1,290.00). COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 25, SERIES OF 1977. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None • Absent : Mayor Taylor . The Mayor Protem declared the motion carried. * * * * * * RESOLUTION NO. 26, SERI ES OF 1977 A RESOLUTION TO REMOVE THE POSITION OF ENGINEERING AIDE III (GRADE 7 -$1,039 .00) FROM THE CLASSIFICATION SYSTEM AND ADD THE POSITION OF ENGINEERING INSPECTION SUPERVISOR (GRADE 7 -$1,039 .00) TO THE PRESENT CLASSIFICATION SYSTEM . • I • • r, • • • • May 2, 1977 Page 9 COUNCILMAN MANN MOVED TO PASS RESOLUTION NO . 26 , SERIES OF 1977 . Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Williams, Sovern, Smith, Brown, Mann, Clayton . Nays : None. Absent: Mayor Taylor. The Mayor Protem declared the motion carried . * * * * * * RESOLUTION NO. 27, SERIES OF 1977 A RESOLUTION TO REMOVE THE POSITION OF FIELD ENGINEER (GRADE 10 -$1,290.00) FROM THE CLASSIFICATION SYSTEM AND ADD THE POSITION OF CITY SURVEYOR (GRADE 8 - $1,115.00) TO THE CLASSIFICATION SYSTEM. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO . 27 , SERIES OF 1977. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Protem declared the motion carried . ****** COUNCILMAN SOVERN MOVED TO RENEW THE 3 .2 BEER LICENSE FOR SEVEN-ELEVEN STORE, 2705 SOUTH BROADWAY. Councilman Mann seconded the motion. Upon a call of the roll, the vote res ulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton . Nays: None. Absent : Mayor Taylor . The Mayor Protem declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 9 SERIES OF 1977 AN ORDINANCE APPROVING A UTILITY EASEMENT FROM THE CITY OF ENGLEWOOD , COLORADO, TO THE ENGLEWOOD HOUSING AUTHORITY • I • • ,. • May 2, 1977 Page 10 • • • COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 9, SERIES OF 1977, ON f'INAL READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams , Sovern , Smith, Brown, Mann, Clayton . Nays: No ne. Absent: Mayor Taylor . The Mayor Protem declared the motion ca rri ed . ****** INTRODUCED AS A BILL BY COUNCILMAN BROWN A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO , RELATIN G TO THE ORDERLY TRANSFER OF ENGLEWOOD AND LITTLETON EMPLOYEES TO TIIE Bl -CITY WASTE WATER TREATMENT FACILITY. COUNCILMAN BROWN MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN TIIE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO, RELATING TO THE ORDERLY TRANSFER OF ENGLEWOO D AND LITTLETON EMPLOYEES TO TIIE Bl -CITY WASTE WATER TREATMENT FACILITY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Coun cil Members Williams , Sovern, Smith, Brown, Mann, Clayton. Nays : None. Absent: Mayor Taylor. The Mayor Protem declared the motion carried. ****** INTRO DUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINAN CE AMENDING SECTION 7, CHAPTER 2 , TITLE XIV OF THE 1969 ENGLEWOOD MUNICIPAL CODE, RELATING TO TIIE TURNING MOVEMENTS OF VEHICLES ON STEADY RED LIGHT . COUNCILMAN WILLIAMS MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE AMENDING SECTION 7, CHAPTER 2, TITLE XIV OF TH E 1969 ENGLEWOOD MUNICIPAL CODE, RELATING TO TIIE TURNING MOVEMENTS OF VEH ICLES ON STEADY RED LIGHT. Cou ncilma n Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • n • • • May 2 , 1977 Pa ge 11 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton . Nays: None. Absent: Mayor Taylor. The Mayor Protem de clared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRIC T NO . 24 FOR THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS IN SAID DISTRICT; PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND TH E INTEREST THEREON. City Manager Mccown noted these bonds are in the amount of $55 ,000 and are being awarded to First National Bank of Englewood throu gh this Bill . COUNCILMAN SOVERN MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FO R PAVING DISTRICT NO. 24 FOR THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS IN SAID DISTRICT; PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING FO R THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Coun c il Members Williams, Sovern, Smith, Brown, Mann, Clay ton. Nays: None . Absent: Mayor Taylor . The Mayor Protem declared the motion ca rried . * * * * * * Cit y Mana ger Mccown presented a resolution issuing the special assessment bonds for Paving Distric t No. 24 in the amo unt of $55,000 to First National Bank of Englewood . COUNCILMAN SOVERN MOVED TO PASS RESOLUTION NO. 28, SERIES OF 1977 . Councilman Mann seconded the motion. Upon a call of the roll, the vote resulte d as follows : Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays : None. • I • • - r. • May 2, 1977 Page 12 Absent: Mayor Taylor . • • • The Mayor Protem declared the motion carried . * * * * * * RESOLUTION NO. 29 , SERIES OF 1977 A RESOLUTION OF THE CITY OF ENGLEWOOD , COLORADO, CONFIRMING USE OF EQUIPMENT AT 1HE BI-CITY WASTE WATER TREATMENT PLANT . COUNCILMAN SOVERN MOVED TO PASS RESOLUTION NO . 29, SERIES OF 1977. COUNCILMAN SMITH SECONDED THE MOTION . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor . The Mayor Protem declared the motion carried. * * * * * * City Attorney Berardini presented a report concerning the case of the City of Englewood vs. Kenneth C. Chandler, dba Back Door Discount Liquors. The City has received the offer for sale of this package liquor store to an individual who would qualify as its operator to restore to the City all of its c osts expended in the hearings for this revocation, COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO REPLY NEGATIVELY TO IBIS OFFER AND THAT THE CASE BE CONTINUED. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern , Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor . The Mayor Protem declared the motion carried . * * * * * * City Attorney Berardini presented a report concerning the case of Broderick Lumber vs. City of Englewood . This suit is to recover compensation for rights-of-way for pipeline and roads in Grand County. The total settle- ment figure is $26,750; and the City's share is $10,125 . COUNCILMAN SOVERN MOVED TO AUTHORIZE THE CITY ATTORNEY TO OFFER SETTLEMENT IN THE CASE OF BRODERICK LUI-IBER VS. CITY OF ENGLEWOOD IN 1HE AMOUNT OF $26,750; THE CITY 'S SHARE NOT TO EXCEED $10 ,125 . Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • - • May 2 , 1977 Page 13 • • - Ayes: Council Members Williams, Sovern, Smith , Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Protem declared the motion ca rried. * * * * * * City Attorney Berardini presented a report concerning the case of Thurston vs. City of Englewood . Mrs. Thurston has been awarded $5,000 for damage to her property as a result of vehicles crossing it after she purchased it. Mr . Berardini recommended that Mrs . Thurston convey an a dditional two and one-half feet right-of-way on Logan Street in exchange for the City not filing a motion to set aside the award , which is acceptable to Mrs. Thurston . He further recommended that the fence on East Yale Avenue which encroaches on public right-of-way remain until the right-of-way is needed. COUNCILMAN BROWN MOVED TO ACCEPT THIS RECOMMENDATION FROM THE CITY ATTORNEY AND TO ACCEPT THIS OFFER OF SETTLEMENT . Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Williams , Sovern, Smith, Brown, Mann, Clayton. Nays : None. Absent: Mayor Taylor . The Mayor Protem declared the motion carried . * * * * * * City Manager Mccown present ed a memorandum concerning the city-owned property located at the old Police/Fire site. He requested the assistance of the Denver Regional Council of Governments, through their local planning assistance program , to do a market analysis of this area . There is no c harge for this service . COUNCILMAN SOVERN MOVED TO AUTHORI ZE THE CITY MANAGER TO WORK WITH THE DENVER REGIONAL COUNCIL OF GOVERNMENTS IN A MARKET STUDY OF THE PROPERTY BOUNDED BY ACOMA , BANNOCK, GIRARD AND FLOYD STREETS . Councilman Williams seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None . Absent: Mayor Taylor . The Mayor Protem declared the motion carried. ****** • I • • • • • • •. May 2 , 1977 Page 14 • City Manager McCown reported his office had r eceived a request from the International City Management Association for c ities' participation in a law suit against a law passed by the federal governmen t which maintains that ci ties start pic king up the cos t of unemployment compens a tion. He stated the c ost wo uld be based on a population basis, an d the City of Eng lewood's share would be approximately $2,500. Mr. Mc Cown reques ted time to review this matt er with City Council action in a study session af t e r th e special City Council meeting on May 9, 1977. Council agreed to this s c hedule. * * * * * * Mertyl Jones, 5020 South Washington, appeared before City Coun cil concerning the "Citizen" newsletter . She presented questions whi c h were answered by City Mana ge r Mc c own. Mrs. Jones sugg ested hearing from th e City Manager, a different City Coun c il Member, and /or the Mayor e a ch month. * * * * * * There being no further business, the Mayor Protem adj o urned the City Council meeting at 9:47 p .m. City Clerk • I • • • SPECIAL MEE'l'I NG : • • COUNCIL CHAMBERS CITY OF ENGLEWO OD , COLOR.A.DO May 9 , 1977 J h. The City Council of the City o f Englewoo d , Arapaho e County , Colorado , met i n special s ession on May 9 , 1977 at 7 :00 p .m. May or Protem Clayto n , presiding , called the meeting to order . The invocation was given by City Manager McCown . The Pledge of Allegiance was led by Councilman So vern . May or Pr o tem Clayto n asked for r oll call . Upon the call o f the r oll , the f o llowin g were present: Council Members Williams , Sovern , Smith , Brown , Mann , Clayton . Absent: May or Taylor . The Mayor Pr otem declared a quorum present . Also present were: City Manager Mcco wn Administrative Assistant Brow n City Attorney Be r ardini Direc tor of Conununity Development Wanush Deputy City Clerk Johan ni sson ****** Mayor Protem Clayton recognized Director of Conununi ty Development Wa n ush . He requested William J . Caskin s , Jr ., attorn ey for the applicant , t o appear . William J . Cas ki~s , Jr , appeared and indicated he had been in contact with John Criswell , a ttorney for he res i dents of Kent Villag e , in an attempt to reach a mutual agreement between the applicant and the residents regarding the Hampden Pr ofessional Park Subd ivisio n final plat . He stated that a representative from Larwin could be in Englew ood within a week t o disc uss furt her d evelo pment of this site . Mr . Caskins r equested that the public hearing b e p ostponed for a month in o rder f o r ne gotiatio ns betwee n all parties t o be compl e ted . COUNCILMAN SO VERN MOVED TO OPEN A PUBLIC HEARING TO CONSIDER THE HAMPDEN PROFESSIONAL PARK SUBDIVI SION FINAL PLAT . Councilman Williams seco nded he motion . Upon a call of the r oll , the vote resulted as follows : Ayes : Council Members Williams , Sovern, Smith , Brown , Mann , Clayton . Nays : None . Absent : Mayor Taylor . I • • - • • May 9 , 1977 Page 3 • • COUN CILMAN SOVERN MOVED TO ADJOURN THE PUBLIC HEARING UNTIL JUNE 13 , 1977 AT 7:00 P .M. Councilman Smith seco nded the moti o n . Up o n a call of the r oll , the vote resulted as f o llows : Ayes : Council Member s Williams , So vern , Smith , Brown , Mann , Clayton . Nays : None . Absent : May o r Tayl o r. The May o r Protem declared the motion carri ed . It was noted that t he public hearing is not closed but is just postpo ned . ****** There being no furt her business , Mayor Pr otem Clayton adj ourned the City Council meeting at 7 :30 p .m. Deputy City Cl erk I • • ··- • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO May 9 , 1977 J h. SPECIAL MEETING : The City Council o f the City of Englewood , Arapaho e Coun y , Co l o rado , met in special session o n May 9 , 1977 at 7 :00 p .m. May or Pro tem Clayto n , presiding , called the meeting to order . The invocation was given by City Manager McCown . The Pled ge o f Allegiance was led by Coun cilman Sovern . Mayor Pr otem Clayton asked for roll call . Upon the c a ll o f the r o l l , the following were present : Wanush . appear . Council Members Williwns , Sovern , Smith , Brown , Mann , Clayton . Absent : Mayor Taylo r. The May or Pr otem declared a quorum present . Als o present were: City Manager Mccown Administrative Ass i stant Br own City Attorney Berardini Director o f Commun ity Development Wanush Deputy City Clerk Johanniss on * * * * * * Mayor Pr o tem Clayto n reco gn ized Di rect or p f Commun ity De velo pment He requested Wi lliam J . Caskins , Jr ., attorney for the appl icant , t o William J . Ca s kins , J r . appeared and indicated he had been in contact with John Criswell , attorney for the res idents of Kent Villag e , in an attempt to reach a mutual agreement between the applicant and the resid e nts regarding the Hampd en Pr ofessional Park Subdivi sion final pl at . He stated that a representative f r om Larwin c o uld be in Englewoo d within a week t o discuss fu rther d evelopment o f this site . Mr . Ca s kins requested that the public hearing be postponed for a month in order for neg o tiations between all part ies to be compl eted . COUNCIL~1AN SOVERN MOVED TO OPEN A PUBLIC HEARIN G TO CONSIDER THE HAMP DEN PROFE SSIONAL PARK SUBDIVI SI ON FINAL PLAT . Councilman Wi lliams seco nded h e motio n . Upon a call of the roll , the vote resulted as follows: Ayes : Co uncil Members Williams , So vern , Smith , Br own , Mann , Cl ayto n . Nays : No ne . Absent: Mayor Taylo r • I • • • May 9 , 1977 Page 2 • • The May o r Protem declared the motion carried . COUNC ILMAN WIL LLA.MS MOVED TO I NCLUDE AS PART OF THE PUBLIC HEARI!G THE PREVIOUS REQUEST OF WILLIAM J . CA KINS , JR . FOF POSTPO EME T OF THE PUBLI C HEARING . Counc i lman So vern sec onded the motion . Up o n a call o f the r o ll , the vot resulted as follows : Ayes : Council Members Wi lli ams , So ve rn , Sm ith , Brown , Mann , Clayton . Nays : None . Absent: Mayor Taylo r . The May or Protem declared the motion carried . Joh n Criswell , atto rney f o r the residents of Kent Village , appeared and stated his clients are willing t o postpone the public hearing if Larwin is willing t o send a representative with authority t o discuss development o f this site .. He also indicated that he or his clients have at no time received any assurances from Mr . Gas kins or Larwin . Mayor Pr o tem Clayton as ked if there wa s anyo ne in the audience that wished o comment o n the request f o r p o stponement o f the public hearing . Ri c har Edsall , 3295 So uth Franklin , appeared and stated he do es not want t o g et into the same s ituation as the public hearing o n the ini tial developmen of this site where t he Planning and Zoning Commissi o n r e versed a decision witho ut a dequate no tificatio n t o the citizens . Mr . Edsall indi cated he is not o p o sed t o the postponement with the pro vision that a similar s itua- tio n does not arise . Counci lman mith asked Mr . Cas k ins when t he meet ing would take place with the La rwin representative . Mr . Gas kin s replied that the representative could be here Wed nesday if immediately no tified . Co uncilman Smith asked Mr . Criswe ll if hi s client s des ired t o ne gotiate with the La rwin representative and the appl icant . Mr . Criswell s tated they definitely wish t o nego tiate with these people a s it would be to their distinct advantage . COU! GILMAN SMITH MOVED TO POSTPONE THE PUBLIC HEARING ON THE HAMPDEN PROF'ESSIO!!AL PARK "UBDI ISION FINAL PLAT UNTIL JUNE 13 , 1977 AT 7 :00 P .M. IN THE CITY COU CIL CHAMBERS . Cou ncilman So vern seconded the motion . Upon a call of the r oll , the v ote resulted as fo llows: Ayes : Co ncil '>!em ber s Williams , So vern , Smith , Brown, Mann , Clayton . ays : No ne . Absent : Mayor Taylor . The Mayor Pr o tem declare the motion carr ied • I • • • - COUNCIL CHAMBER S CITY OF ENGLEWO OD , COLORADO May 9 , 1977 J b. SPECIAL MEETING : The City Cou n cil o f the City of Englewood , Arapahoe Co unty , Colorado , met in special session on May 9 , 1977 at 7 :00 p .m. May or Pr otem Clayto n , presiding , called the meeting t o order. The invoc ation was g iven by City Manager Mccown . The Pledge of Allegiance wa s led by Councilman Sovern . May or Pro tem Clayton asked f or r oll call . Up on the call o f the r oll , the followin g were present : Wanush . appear . Council Members Williams , Sovern , Smith , Brown , Mann , Clayton . Absent : May or Taylor . The May o r Pr otem declared a quo rum present . Also present were : City Mana g er Mc cown Administrative Assistant Br own City Attorney Be rardini Director of Community Development Wan sh Deputy City Clerk Johannisson ****** May or Protem Clayt on recognized Direct or o f Commu nity Development He requested William J . Gas kin s , Jr ., attorney f o r t he applicant , t o William J . Gaskins , Jr . appeared and indicated he had been in contact with J ohn Criswell , attorney for t he r esidents of Kent Village , in an attempt to reach a mutual agreement between the applicant and the residents regarding the Hampden Pr ofessional Park Subd i v i s i on final plat . He stated that a representative fr om Larwin could be in Englewoo d withi n a week t o discuss further develo pment of this site . Mr . Gaskins requested that the public hearing be p o stponed f o r a month in o rder for nego tiatio ns between all parties t o be c ompleted . COUNCILMAN SOVERN MOVED TO OPEN A PUBLIC HEARING TO CONSIDER THE HAMPDEN PRO FE SSIONAL PARK SUBDIVI SIO N FINAL PLAT . Councilman Williams seco nded the mot i o n . Up on a call of the r oll , the vote resulted as foll ows: Ayes : Counc i l Members Wil l iams , So vern , Sm ith, Br own , Mann , Clayton . Nays : No ne . Absent: May or Taylo r . • • I • • • • • May 9 , 1977 Page 2 • • The May o r Protem declared the motio n carried . COUNCILMAN WILLIAMS MOVED TO INCLUDE AS PART OF THE PUBLIC HEARING THE PREVIOUS REQUEST OF WILLIAM J . CASKINS , JR . FOR POSTPONEMENT OF THE PUBLIC HEARING . Co uncilman Sovern seconded the motion . Up o n a call of the roll , the vote resulted as follo ws: Ayes: Counc il Members Williams , Sove rn, Sm ith , Brown , Mann , Clayto n . Nays : No ne . Absent : May o r Taylor . The May o r Pr otem declared the motio n carried . J ohn Criswell , attorney fo r the residents of Kent Village , appeared and stated his clients are willing t o postpone the public hearing if Larwin is willing to send a representative with authority t o discuss development of this site . He also indicated that he o r his clients have at no time received any assurances from Mr . Caskins or Larwi n . Mayor Protem Clayto n asked if there was anyone in the audience that wished t o comment on the request f o r p o stponement o f the public hearing . Richard Edsall , 3295 So uth Franklin , appeared and stated he does not want to get into the same situation as the public hearing on the initial development of this site where the Planning and Zoning Commission r eversed a decision without a d e quate notification to the citizens . Mr . Edsall indicated he is not opposed t o the postponement with the pro visio n that a similar situa- tion does not arise . Councilman Smith aske d Mr . Cas kins when the meeting would take place wi th the Larwin r epr esentative . Mr . Caskins replied that the representative could be here Wednesday if immediately not ified . Counc i lman Smi th asked Mr . Criswell if his clients desired to negotiate with the Larwin representative and the applicant . Mr . Criswe ll stated they definitely wish to negotiate with these people as it would be t o their distinct advantage . COUNCILMAN SMITH MOVED TO POSTPONE THE PUBLIC HEARING ON THE HAMPDEN PROFESSIONAL PARK SUBDIVISION FINAL PLAT Ul'lTIL JUNE 13 , 1977 AT 7 :00 P .M. IN THE CITY COUNCIL CHAMBERS . Councilman Sove rn seconded the mo ti o n. Upon a call of the r oll , the v ote resul"ed as follows: Ayes : Co uncil Members Williruus , Sovern , Smith , Br own , Mann , Clayt on . Nays : None . Absent : Mayor Taylor . The Mayor Protem declared the motion carried • • I • • • • May 9 , 1977 Page 3 • • COUNCILMAN SOVERN MOVED TO ADJOURN THE PUBLIC HEARING UNTIL JUNE 13 , 1977 AT 7 :00 P .M. Councilman Smith seconded t he mot i on . Upon a call of t he r oll , the vote resulted as follows: Ay es : Council Members Wi lliams , So vern , Sm ith, Br own , Mann , Clayton . Nay s : None . Ab s ent : Mayor Taylor . The Mayor Protem declar ed the mo tion c arried . It was noted that the public h earing is no t closed but is just postpo ne d . * * * * * * There being no further business , May or Pr otem Clayton adjourned the Ci t y Co unci l meeting at 7 :30 p .m. Deputy City Cl erk I • • ,· • 2 A i City of Englewood From the Office of the Mayor JAMES L . TAYLOR CITY COUNCIL David B . Clayton , Mayor Pro Tern Howard R. Brown 3400 South Elati Street Englewood .Colorado 80110 Phone (3 03) 761 -1140 Vern Mann Donald L R. Smith Douglas T. Sovern Donald W. Wil Iiams • PROCLAMATION WHEREAS, The annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by govern- mental leaders since J 922; and WIIE Ht,;/\S, V. F. W. Uucldy Poppies arc assmnhlcd by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabl e d and needy veterans, and the widows and orphans of deceased . veterans, and WHEREAS, The basic purpose of the annual sale of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living." NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, proclaim the week of May 23, 1977, as VETERANS OF FOREJGN WAR1' BUDDY POPPY WEEK and do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support by the purchase of Buddy Poppies o n Friday, Saturday, and Sunday, May 27, 2 8 , and 29, ]977, in appreciation for the sacrifices of ou r honored dead. GIVEN UNDER MY HAND AND OFFICIAL SEAL, this 16th day of May, 1977. J A MES L. TAY LO R, Mayor City of Englewood, Colorado • I • • - • • • • • 3 A· CITY OF ENGLEWO OD PLANNING AND ZON ING COMM ISSION April 19, 1977 I. CALL TO ORDER. The Regular Meeting of th e City Planning and Zoning Co mmis sion was called to ord r by Chairm an Pier on at 7 :05 P. I. Me mb e rs present: Pierson, Sc11 th, 'a d , Williams, Ow ns, Parker Wanush, Ex-oificio Me mbers absent: Don Sm ilh, Tanguma, Also pres ent: Assistant Director Ro Steve Hou se, As i t t Commission mem b I de i Chairman Pierson read th follo~i n• ru:.on : Gr .,•\ n. F.1 d , Colorado oll llO A r i l • , 197, Honorable James L. Taylor, Mayor City of Engl ewood 3400 South Elati Street En g lewood, Col orado 80110 Dea r Mr . Taylor; I t is with r egret tha t du e to personal rea ons nd comm1 I am tendering my resignation from th Planning Commis sion , fJ ect iv lay 1, 1 977. May I express y thank to you and to the City Council 1u1 the opportunity vou ha v fiord d me •o rv th City oi Engle ood . I hove mode many iii n d and it ha been ·r yr - wardin tom p rsonally. \' r; :in r ly, C Judith B. P1 e r on Rich rd an h" Mrs . P1.ersor resignation. tat d th t yor Taylor has r .. Pi rson stat d that r • n.on ccepted Mr. Jor Jorg non ill b • I • • In n • • - -2- missed as a member oi the Commission, and that he has been a very valuable m mber. Mrs. Pierson commended Mr. Jorgenson for his yea r s of service to the community. The City Council has appointed Mr . Marten Lathrop to fill th unexpired term created by Mr. Jorgenson's resignation. Mr. Lathrop's term will begin May 1st . Mrs . Pierson welcomed Mr. Lathrop to the me ting as a member of the audience . II , APPROVAL OF MINUTES. Mrs . Pierson stated that Mjnutes of Apri l 5, 1977, are to be considered for approval. She asked if there were any corrections or additions to b made? lr. ~ nu h no be •r tail". AYES: AYS : ABSE T: The motion car 1 d. Don Smi th and Ir. p lace with the Co r Pi r on of a sing e-t·1 o r. Smith''- Pa c 2, secon d line, "r ntal" should of Apri l 5, 1977, be approv d , 0 ns, Parker, Pierson non rd t h m ting and took their CASE #5-77 matt r co ncerns the relocation ,1 Jrom 8545 East Florida Avenue l 635 E~ t Amhers t Avenue . H ring on Case #5-7 7 b e opened ad illiams, Owens , Parker, Pie rson, r on utlin d the procedure to be f ollowed in the con- ct ot th' Public II a ring. The staff will make their pres e nt a- t ~on , 1ollow d by a statement fr om the applicant; the opponents ould th n be heard . • i) I • • Ir:, n • • • • -3- Mrs. Romans was sworn in, and testifi d that she is the Assistant Director of Communi ty Development. The matter under consid ra- tion at this me eting is a request to move a sin le-family house to a l ot at 635 East Amherst Av nue. The applicant has post ct the property for the required num ber of days, and public notice was g i ven i n the offici a l City newspaper. Mr. Robert Smith, the applicant, has purchas ed the proper y at 635 East Amherst Avenue that has a basement hous on it . Mr. Smith wants to improve h is p ro perty, and has found a structure at 8545 East Florida Ave nu e t h at he wants to move onto this site. The unit wi l l e n cro ac h into the front yard, and side yard setbacks. Mr . Smi t h aske d f o r a variance to these setback requirements and was gr ant e d t h i s v a riance to e ncroach into the front and side ya rds on Ap ril 1 3, 1 977, by the Board of Adjustme n t and Appeals. The v a r i ance a p pro val was c onditioned on Mr. Smith's being able t o obtain the approval by sign d statement from the property o wn ers a t 2799 So u th Washington Stree t and 625 East Amherst Ave- nue . Mr . Smith has secured these ignatures, and Mrs. Romans prese n ted t h e m d e s ignated as Exhibit A, and Exhibit B, to th e secr etary f or the files . Mrs . Romans presented photos of the house to be mo ved onto the site, and of the bas ment house which is i n ex i stance at 635 East Amherst Avenue. Mrs . Romans no t e d that Mr . Smi th has received approval from six oth er pro perty own e rs wh ich are in the vicinity of his property at 635 East Amhe r s t Avenue. The staff feels the proposal will be a c o n s ider abl e i mp rovement to the neighborhood, By the variance t o t h e se t back requ irements, the Board of Adjustment and Appea l s h as approved the siting of th e structure on the lot . T he staff recomm nds approval of this relocation of a sin g l e-family hou se to 635 East Amherst Avenue, conditioned on t he requirement that all applicable codes and ord~nanc es be met. Mrs. P ierson asked if the applicant wished to make a statement? Robert Smith 635 East Amher st Av e nue -stated that he felt t he staff had presented the case very well, He noted that the h o use does have a beautiful blond e brick fire place, and seems to be of above average construction; the house is very ~e ll insulated, and is about 12 years old . Mr. Owen s asked if Mr. Smith propos e d to continue residing at 635 East Amherst Av nue. Mr. Smith stated that he did. He further discussed the positioning of the house on the lot , and noted there would be 12 1 4" distance between the hous and the red wood fence to th rear o f the property. Don Williams asked who Mr . Smith would have mo e the structure? Mr. Smith stated that he would hav e Mr. Ernie Ryberg move the ho u se. Discu ssion ensued . Park er moved: Wade secon ded : The Public Hearing on Case ;;5-77 be clos ed . • I • • • • • • • -4- AYES : Tanguma, Wade, Williams, Owens, Parker, Pierson, Don Smith , Ed Smith AY S : None ABSE NT: Jorgenson The motion carried. Mrs. Pierson ask ed what the pleasure of the Commissio n would be on th is matter ? Parker moved : Williams seconded: Th e Planning Commission approve t he proposed re lo ca t ion of a single-famil y house fr om 8545 East Florida Avenue t o 635 East Amherst Avenue, subjec t to compliance with a ll applica bl e codes and or dinances . AYES: Wade , Wi lli ams, Ow ens , Park e 1·, Pie rson , Don Smith, Ed Smith, Tanguma AYS: None ABSENT: Jorgenson The mo tion carried. IV. DIRECTOR 'S CHOICE Mr. Wanush stated that the City Council acce pted th e Commission recommenda tion regarding the Auto Shredd er , and passed a reso lution of the i r own at the meeting o f April 18th, He stated t hat h e understood the Chamb er o f Commerce has sent a l etter in opposition to the aut o shredder also . The House Movin g Ord inance wa s approv e d by the City Council as recommended by the Commission . The Auto Wrecking and Junk Yard Ordin ance was in troduced at the City Council meeting o f Apri l 18 th; it appears that it wil l be approved as recommended by the Commission . Mr . Wanush r e minde d the Commission of the Public Hearing be- fore City Cou nci l on t he Hampden Pro fessiona l Park Subdivision P l at which has been set f or May 9th. V. COMM ISSIO 'S CHOICE There was ho discussion under Commission's Choice. The meet ing adjou rned a t 7:25 P . M. o'ertrude G . wyity "Recording S ecr e tary • I • • _O ,, - - • • Portion of Year to Date 33 % DEPARTMENT OF FINANCE EXPENDITURES TO 1977 BUDGET 3 GENERAL FUND Through April 30 , 1977 Last Last Annual Current Yea r to Date % of Yea r Yea r Budget Exeendi tu r es Exeenditures Budge t to Da te i_ Legis latio n & Council: City Council $ 83,696 $ 3 ,7 63 $ 61 ,640 74 $ 41 ,034 57 Board of Adjustment 3,277 23 7 88 0 27 916 24 Career Service 3 ,856 134 591 15 601 34 Pla nn i ng & Zo ning 4,924 451 1,449 29 1,521 36 Library 3 ,433 17 396 12 304 10 City Attorney 103,553 9,013 34,504 33 30,3 96 32 Sub-Total $ 202,739 $ 13,615 $ 99,460 49 $ 74 ,772 42 Administration: City Manager $ 143 ,593 $ 8 ,249 $ 51 ,193 36 $ 45,913 41 Personnel 101,9 20 8 ,590 30 ,266 30 21 ,469 29 Treasury & Record 100,256 7 ,699 32 ,1 23 32 33 ,351 39 • Municipal Court 83 ,368 6,862 29,502 35 26,987 32 Accounting and Automated System 162,825 12,154 49 ,696 31 55,977 42 Revenue Division 111,852 8 ,610 35,183 31 37 ,482 34 Purchasing 185,261 7 ,356 45 ,464 25 73,919 44 Sub-Total $ 889,075 $ 59,520 $273,427 31 $295,098 39 Public Works: Senior Surrey $ 39,168 $ 3,301 $15 ,345 39 $ 9,966 29 Engineering 197,742 15 ,581 67,150 34 53 ,965 37 Streets & Drng. 8 23,058 45,956 26 9,523 33 187,613 25 Traffic Reg. 245,286 15 ,1 22 108,509 44 88 ,349 39 • Bldg. Maintenance 277 ,77 8 13, 790 95,509 34 82,158 28 Sub -Total $1,583,032 $ 93,750 $556,036 35 $422,051 29 Fire Departme nt : $1 ,584,526 $128 ,5 64 $551,803 35 $453 ,857 32 I • • • • In --n - • • Expenditures to 1977 Budget General Fund Through AQril JQ, l2 ZZ .,age 2 Last Las t Annu a l Cur r e nt Ye ar to Da te % of Yea r Ye a r Budg e t Ex pe nd i tu res ExQ e nditur e s Bud ge t t o Date _%_ Police: Police Dept. $1,7 29,133 $134,566 $ 57 3 ,328 33 $ 522,834 33 Communications 250,899 15,226 81,957 3 3 73 ,830 32 Animal Shelter 97,32 5 4,293 19,810 20 Sub-Total $2,077,357 $154,085 $ 675,095 32 $ 596,664 32 Community Development: Code Enforcement $ 175,756 $ 17,516 $ 56,861 32 $ 61 ,314 33 Housing & Redevel. 53,421 4,28 6 17,238 32 10,697 30 Planning 12 8,567 10,6 06 42,183 33 32,574 12 Sub-Total $ 35 7,7 44 $ 3 2 ,408 $ 116,282 33 $ 104 ,585 32 Library: $ 30 5 ,356 $ 21 ,094 $ 86,3 91 28 $ 79 ,1 49 29 t Parks & Recreation: Parks $ 6 37,298 $ 48,858 $ 220,8 57 35 $ 1 42 ,579 24 Outdoor Swim Pool 39,5 21 5,782 6,0 28 15 2 ,218 6 Indoor Swim Pool 63 ,774 3,15 2 14,7 84 23 13 ,658 28 Sports & Games 91,3 62 3 ,13 3 23 ,062 25 23 ,349 32 Cultural Activities 70,032 5 ,139 16,184 23 13 ,442 25 Playgrounds 40,177 81 70 6 2 55 6 2 Softball 23,689 35 6 6 58 3 700 3 Zoo 8,038 0 0 0 1 ,46 0 15 General Operations 1 27,090 7,907 31,4 35 25 28 ,683 29 Old Timers 27,7 0 0 70 5 1 6 27 20 6 ,078 ~ Sub-Total $1,128,68 1 $ 74 ,4 78 $ 319,341 28 $ 232 ,723 24 • Total Expenditures: $8,128,510 $2,677,835 $2 ,258 ,8 9 9 3 1 $577,514 33 I • • • • • ,· • Por tion of Yea r to Date 33% DEPARTMENT OF FINANCE REAL IZATION OF BUDGETED REVENUE S GENERAL FUND Through April 30 , 1977 % of Last Las t Budget ed Current Yea r to Budget Yea r Yea r Rev e nues Month Date Collected to Da t e _!_ Taxes: Property Tax $ 841,310 $12 8,208 $ 267,384 32 $ 229 ,7 3 7 30 Specific Ownership 45,000 347 18,284 41 21,002 42 Sales Tax 5,107,584 471,866 1,856,790 36 1,201,219 33 Cigarette Tax 460,000 34 ,136 116,473 25 147 ,415 31 Franchise Tax 454,700 35 ,901 19 8 ,4 90 !<.!!__ 174,07 5 lZ. Sub-Total $6,908,594 $670 ,458 $2 ,457,421 36 $1 ,77 3 ,448 33 Licenses & Permits: Building Lic enses $ 48,000 $ 5,364 $ 18,883 39 $ 44,076 63 Business Licenses 72,450 2 ,591 36,610 51 14 ,056 22 Non-Business Lie. 20 48 _Q_ Sub-Total $ 1 20 ,4 50 $ 7 ,9 75 $ 55,541 46 $ 58,132 43 Inter-Governmental Re v e nues: Federal Grants & Re venue Sharing $ 24 ,000 $ 1,523 $ 13 ,687 57 $ 169,631 24 State Grants 2 ,7 23 2,723 0 2 ,000 100 State-Shared Rev e nue 275,200 83 ,713 168,309 61 242 ,339 85 Arapahoe Bridge & Road 78,201 Sub-Total $ 377,401 $ 87,9 59 $ 184 , 719 49 $ 413 ,97 0 39 Charges for Services: • General Gov e rnment $ 303,358 $ 60,865 $ 64 ,121 21 $ 37 ,28 0 25 Public Safety 7,480 1,967 3 ,261 44 1 ,716 31 Highway & Street 38,036 (15,651) 8,420 22 12,512 32 Animal Shelter 21,310 149 662 3 2,281 16 School District #1 10,000 0 0 0 0 0 Outdoor Swim Pool 14,700 0 0 0 0 0 Indoor Swim Pool 25 ,685 (12) 6 ,936 27 8,653 32 • Sports & Games 33 ,700 552 6 ,132 18 3 ,272 11 I Cultural Activities 30,850 1 ,1 25 8,858 29 10,5 95 37 Playgrounds 830 7 226 27 0 • • Softball 20,200 4,08 4 8 ,674 43 11,571 59 Zoo 2,600 0 0 0 10 0 Old Timers 16,500 20 0 3 ,350 20 2,150 14 Library Contract 34,945 1 ,900 9,006 26 10,487 32 Sub-Total $ 560,194 $ 55 ,186 $ 119,646 21 $ 100,5 27 26 • • n • - • • Realization of Budgeted Revenues General Fund Through Aeril 30, 1977 Page 2 % of Last Last Budgeted Curre nt Ye ar to Budget Yea r Year Re venues Month Date Collected to Date __..L_ Fines & Forfeitures: Court Fines $ 84,800 $ 10,584 $ 40 ,214 47 $ 24 ,528 28 Library Fines 8,400 764 J,080 12 J,119 12 Sub-Total $ 93,200 $ 11,348 $ 43,294 46 $ 27,647 29 Miscellaneous: Joint Venture Tax Refunds $ 13,000 $ 15,191 $ 19,568 151 Interest 25,000 14,123 14 ,12) 56 $ 7,87 4 28 Rentals 325 460 0 Gain on Sale of Assets Other 20,000 J,614 7,102 _]_§_ 82,421 8 0 Sub-Total $ 58,000 $ 33,253 $ 41 ,25) 71 $ 90,295 28 Total Revenues: $8,117,839 $866,179 $2,901 ,874 $2,464,019 ]]_ • • I • • • • • - • • Portion of Year to Date 33% DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES PUBLIC IMPROVEMENT FUND Through April 30 , 1977 % of Last Last Budgeted Current Year to Budget Year Year Revenues Month Date Collected to Date _K_ Taxes: Sales Tax $ 417,215 $ 42,944 $137,165 33 $600,600 37 Admissions Tax 45,000 315 2,628 _§_ Sub-Total $ 462,215 $ 43,259 $139 ,793 30 $600 ,600 37 Intergovernmental Revenue: Revenue Sharing & Federal Grant $ 782,688 $169,172 $169 ,172 22 State Grant State-Shared Revenue Sub-Total $ 782,688 $169,172 $169 ,172 22 0 0 M~:_ellaneous: Interest $ 10,000 $ 9,439 $ 9,439 94 $ 23,526 56 Contributions 80,000 Other 11,soo 17,154 -2.§. Sub-Total $ 101,500 $ 9,439 $ 9,738 10 $ 40,680 68 Total Revenues: $1,346,403 $221,8 70 $318,703 ~ $641,280 38 Cu mulative Expenditures Project Bal a nce Budget Current Month to Date Availa ble Storm Drainage: General $ 403,122 $ 1,112 $ 367 ,914 $ 35 ,208 North Central II 561,380 559 ,686 1,694 I North Central III 557,000 471 38,515 518,485 High School Basin 25,000 25,000 25,000 • Paving District H 24! 41,294 10 41,284 • • • • • Realization of Budgeted Revenues Public Improvement Fund Through ll.111:11 Page 2 30 l9ZZ ( Cumulative Expenditures Project Balance Budget Cun;ent Month to Date Available Dartmouth Improvements: $ 190,000 $ 124,000 $ 66,000 Sidewalk District: 28,919 25,135 3,784 Traffic Improvements: 110,000 100,64 3 9,357 Zuni Street: 5,000 5,000 Intersection Dips: 13,265 13,265 Parks: Belleview Storm Repair 50,000 0 50 ,000 I) Belleview West 150,051 4,775 138,159 11 ,892 Emerson Mini Park 15,000 11,180 3 ,820 . Handicapped Play Apparatus 24,000 0 24 ,000 Land Purchase: River Redevelopment: 2,533,853 19,031 1,804,659 729,194 Tennis Courts: 119,713 (5,077) 120,071 (358) Police/Fire Demolition: Housing for Elderly: 25 ,706 25,706 25,706 0 Senior Center: 792,000 449,321 649,259 14 2 ,741 Land Purchase Near I • • Elderly Housing Site: 68,100 45,463 22,637 $5,713,403 $520,339 $4,035,400 $1,678,00~ • • - Disposal Service: Other: Connection Fees-Inside Connection Fees-Outside Interest Rentals Inspection Charges and Sampling Miscellaneous Sub-Total Intergovernmental Revenue: E.P.A. City of Littleton Sub-Total Total Revenues: Tr eatmen t: Sa nitary System : Administration & and General: Total Expense: • • • • Portion of Ye ar to Date ~ $ $ DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REV ENUES SEWER FUND Through April 30, 1977 Budgeted Cur rent Ye ar to Re venues Mont h Da te 728,000 $ 90 ,639 $262 ,481 20,000 1 ,804 9,973 500,000 63,806 234 ,8 26 40 ,000 9,369 9 ,369 355 1 ,110 7,000 1 ,33 2 3,18 7 10,000 21 2 ,537 577,000 $ 76,687 $261,002 $1,305,000 $167,326 $523,483 EXPENDITURES TO 1977 BUDGET Annual Current Ye ar to Date Budget Expenditures Expenditures $337,098 $ 8 ,857 $221 ,670 61,917 4,623 19 ,55 0 591 ,292 60,313 14 2,8 79 $990,307 $7 3 ,7 93 $384,099 • % of La st Last Budget Ye ar Yea r Collected to Date _%_ 36 $240,911 33 50 88 ,736 117 47 56,1 29 13 23 23 ,846 36 0 46 1,760 16 25 7,908 ~ 45 $178 ,3 79 31 0 0 40 $419 ,290 . Last Last % of Year Year Budget to Date _L_ 66 $ 95,406 22 32 18,931 30 24 11 7 ,985 35 12 $232,322 28 I • • n n ct • • • Portion of Year to Date 33 % ( Water Sales: Other: Connection Charges Rentals Interest Ga in on Sale of Assets Sale of Water Miscellaneous Sub-Total Total Re venues: ( Sourc e & Supply: $ Power & Pumping: Purification: Trans. & Dist.: General: DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVE NUES WATER FUND Through ~-A~p~r_i_l~3_0~·~1_9_7_7~~~- Budgeted Curr e nt Year to Revenues Month Date $1 ,5 24 ,769 $157,282 $515 ,558 $ 25,000 $ 6,785 $ 19,123 8,500 1,466 4,893 10,000 2,216 2,216 150,000 25,000 11,790 12,125 $ 218 ,500 $ 22 ,257 $ 38,357 ~1,743,269 ~179,539 $553 ,915 EXPENDITURES TO 1977 BUDGET Annu a l Current Year to Da t e Budget Expenditures Expenditures 74,811 $ 7,116 $ 51,475 164,789 11,268 34,910 390,525 9,701 63,688 114,062 12,032 46,041 800,00Q 33 ,173 164,515 Total Expense: $1,544,187 F3,29o p60,629 (, • • % of Las t Las t Budget Year Yea r Collected to Date J,_ 34 $457,825 33 76 $ 33,600 51 58 14,474 111 22 1,858 40 49 5,806 40 18 $ 55 ,738 51 32 ~513 ,563 35 Last Last % of Year Year Budget to Date J,_ 69 $ 40,075 26 21 21,586 15 16 47,080 3 3 40 47,911 27 21 166,860 42 23 p 23 1 512 B. I • • n n I • • • • MEMORANDUM 4 To: Andy McCown, City Manager From: William D. James, Direc tor of Finance Charles B. Ca r roll, Jr ., Direc tor of Utilities Ha rry N. Taylor, Pur c hasing Agent Date: May 12, 1977 Subject: Backwash Water Ha ndling System Bid Sealed proposals we re received by the office of the Director of Finance (Purchasing) on April 29, 1977 for the con struction of the f ilter backwash water handling systems for the Allen and Bear Cr eek Water Treatment Plants . The following attachments a re inc luded: Attachment #1 -Construction Bid Tab ulation . Attachment #2 -Lette r of r ecommendation from the City 's consulting engineer on the project. The bids were competitive and fa v o rable to th e City , al thoug h th e bud get is lacking by $2 4,010 t o complete th e project. $18 ,45 0 13,630 223 ,880 $255 ,960 23 1,950 $ 24 ,010 If the low bid is approved, $24,010 to the Water Fund. a resolution t o ap propria t e meeting on June 6, 1977. BUDGET SUMMARY Project Cost Engineering Design Phase Engineering Construction Phase Low Bid -Constru ction Cost Total Project Cost Budge t Over Bud ge t City Counc il will need to a pprop riate an additional Provided the low bid is ap proved, we will forward $24,010 t o the Water Fu nd for t he n ex t City Council Therefore, we recommend the proposal submitted by Western Empire Construc tors, Inc. in the total amount o f $223,880 for the construction of the filter back- wash wa t er handling systems for the Allen and Bear Cr eek Water Tr ea tment Plants to be accepted and award made. I~/?-~ William D.~ Director of Financ e ~r1.~ Harry N. Taylor Purchasing Agent Charles B. Carroll, Jr . f/ Director of Utilities • I • • n , _n - • • • • • CONSTRUCTION BID Backwash Water Handling System Compa ny Allen System Bear Creek System Pascal Construction Co. Lillard & Hanes Construction Co. Kenny Construction Co. Robert Dougan Construc tion Co . Wes tern Empire Constructors , Inc. CONSTRUCTION BUDGET ENGINEER 'S ESTIMATE FOR "TOTAL SYSTEMS " (does not include turbine pumps) $186,163 $59,000 195,600 42,400 177,522 51,862 177,250 4 0 ,500 156,700 57 ,900 • G ATT ACHMEN T Il l Total Systems $245,163 2 38,000 229,384 217,750 21 5,600 $213 ,500 $210 ,000 Crane Turbine Pumps No Bid $10,900 13,150 10,555 8,280 • ( ( • CH2M BB HILL engi ne rs planners econo mi sts scie ntis ts Hr . Gary Diede l>irector of Eng ineering Services City of Englewood 3400 South Elati Street Englewood CO 80110 Dear Gary: • • • 5 11;:;.y 1 9 77 D10190.A2 ATTACHMENT 112 Subject: Reconunendation for Construction of the Back- wash Water Handling Systems Bids for construction of the filter backwash water handling systems for the Allen and Bea r Creek i~ater Treatment Plants were received and opened 29 Ap ril 1977. We have tabulated the bids (see attached sheets) and have prepared our recor;un en-dation. Five bids were submitted for the construction of Schedules B and C. In addition, each bidder was required to submit prices for two each vertical turbine pumps from three different r;-,anufacturers. The difference between the high and low bidders for the construction of both schedules is less than 14 percent. The Engineer's Estimate of the construction co s t was wi t hin 3 percent of the low bidder. The low bidder, Western Empire Constructors, Inc., 5667 West Sixth Avenue, Denver CO 80204, submitted the following base bid figures: Lump Sum for Schedule B Lump Sum for Schedule C Total of Schedules Band C $157,700 5 7,9 00 $215,600 The base bid appeared to have no irregularities. The prices for installing the two v ertical turbine pumps were S8 ,280 .00, $10,840.00 and $15,6 80 .00. Denv~, Off;ce • 12000 [ ~7th Avenue Denver. Colorado 80lJ3 JOJ /Jn -1,4 70 • I • • -- (. • ;,:r . C.;::,::y Diede ;,,,'._!e 2 :; :iay 1977 i ll 0 1 9 0.!,2 • • Cran <:a -Dcmi ng, the lowest cos t v E:r t ica l turbine punips , noted ,:c v,,ral c::c".!p tions to th e ~!Jecification s: ruo:),,r r,unp L8~ring , 10~5 carbon steel line shaf t, a nd ho llow no l o r ~haf t. These exce p tions are cons idered to b e minor and 3hould be waived, Since CH2~1 HILL has not had first hand e xpe rience with i~s tern Empire Constructors, I n c., s ~v e ral pho n e calls wpre radc to develop an insight into th e ir performan ce o n p ast p roj e cts. All of the owners and eng i nee rs contacted fo r which 1·:cstern Emp ire did ,,·ork, expr es sed s?..ti sfaction with the ir pe r f ormance. All said tha t they wou ld be wil ling to ,,ork with them again. Up on considering all the factors avai lable we see no r ea son n ot to accept the low bid. We there f ore r ecommend tha t the City award a contract to We stern Em pire Constructors, Inc ., fo r the construction of the backwash water handling system s. We further rcco!T\T.'len d t h at the Crane -De ming v e rtical tur :i in e p u rnp s be sele cted for installation at the All e n P lant. We suggest the contract award be initiate d without delay. t,;p on the City's acceptance of the low bid a nd ",:io tice of Av:ard", six copies of prepared contract dc,c1.1r.i e nts will b e s ub:nitted, to the Contra ctor for his exe cution. '1'he s igned contracts, along with his performance b ond, 3hould th e n be s1.1bmitted to the City for final contract execution. l\s soon as po!!sible after the execution of the c o ntract, we would like to schedule a preconstruction conf e:re:.ce wi th the C0ntractor, the City, and ourselves to get acq uai n t ed and d iscuss the details of wh at is e x pec t ed of each par t y. I~ is n e ces s ary that the Co ntr a ctor's f ie ld su pe~inte nd en t anu the Ci ty's field ins pecto r be present. ?lea se advise us wh e n t he Ci ty a cts so that we can o roc eed with our part of the pro<J r am . i-ve look forw a r d t o c~ntinuin<J o ur relationship with the City in this projec t. 2.r cc : Char les E . C~rroll, ~i r e ctor of Utilitie s S inc0 r e ly, (;/J~d. ~-f;? ~ :f:.cha rd P . Arbe r, ?.C ., P roject :-1,,n ag e r • I • • • • tt t UUt. H I T[,-i Enq1neer's Kenn y uooerc Lil la rd Western P.:19C..ll DES ( "ION Cs tima tc Const rue-Oougar\ 11a11t=s i~~P.!~!: ..... ~ ... Const. Cc. . HO. ·i """ Co. Cons t. ro . r ••• Sch11?dule B 165,ooo.or 177.522.00 177,250.00 195,60 0 .00 1 57,7 00.0 0 186 , 16 3.0( .. . Schedule C 45 000. 0( 51,862.00 40 5 00 00 42 400 00 S) 900 00 S9 000 OC ---· ... I.; 21 O, 000. o, 229,304 .00 217,750.00 2)8,000.00 215,600.00 245,163 .0( CrAne -Deming 1),150.00 10 ,555,00 10,900.00 8,280 .00 A l 11.s Chalmers 11,730.00 12,900.00 1 2 237, Of Goulds 19,150.00 18 990.00 20 400.00 19 0 669,0C Peerle ss 19 ,550.00 19,550,00 20 500,00 15 680. 00 19,225.0C Valley Indus tr ie 1 1 5 050. 00 14 9 00 , 00 10 840.00 I Addt:ndum 1 YES YES Y ES YES v ~c ., ... uuenaum i. YES YES YES YES YES B1.d Bond I YES Y ES YF.S YES YES OH S..UI CM2M City of Englewood ~ @\&@ Backwash Water Handling o• Systt!m '" 0,t.l(, HILL TA8ULATION OF BIDS .,--t.cA~ •. &\11'10, • D1019 0,A2 u,cu .. u•1 CORNEll, HOWi.AND, HAYES & MERRYFIElD ~ ... c,-,o "-"'"''"HII ICOIIO•llfl CLAIR A.. Hill &. ASS OCIATES E - • • ( ( ( • • 5 INTRODUCED AS A BILL BY COUNC ILMAN BRO WN BY AUTHORITY ORDIN AN CE NO . 0 , S ER IES OF 1977 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CI TIE S OF ENGLEWOOD AND LITTLETON, COLORADO, REL ATING TO THE ORDERLY TRANSFER OF ENGLEWOOD AND LITTLETON EMPLOYEES TO THE Bl -CITY WASTE WATER TREA'rMEN·r FACILITY. WHEREAS, both municipal itie s previously e ntered into an Agreement on July 2, 1973, for the purpose of combining the ir individual resources and jointly constructing a waste water treatme nt facility for the use of both municipalities; a nd WHEREAS, it is in the bes~ interests of the City of Litt leton that it cease operations of its existing sewer plant at the time that the joint use was t e wate r facil ity is placed on line ; and WHEREAS, it is the desi r e of both mu nic i pa lit ies to establish an orderly transition between the phas ing out of e xisting sewer treatment faciliti es in both municipalit ies , and the phasing in of the joint us e was t e wa t e r treatment facilities ; and WHEREAS, it i s in the best in t e r ests of both municipalities that the compliment of the staff of the joint facility should consist, wheneve r possible , o f Lit tleton and Englewood emp loyees who h a v e previous e xpe rience i n wast e water manageme n t . NOW, 'rHEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as fo llows: Section 1 . That the City of Engl e wood and the City of Littleton shall enter into an Agreement according to the provisions of that certain written instrument captioned "Agreeme nt", which is attached hereto , consisting of three (3 ) typewritten pages , and is hereby incorporate d by referen ce herein. Said instrument generally provides that: -1- • I • • In ·I • • • • • ,· • 1 . Pursuant to the Agreement ente r ed into b e tween the mu n icipal ities on July 2 , 1973 , the parties reaffirm that the City of Englewood shall ope rate the joint tre atme nt p l a nt under th e contro l of the Supervisory Committee. En g le- wood sha ll be reimburse d fo r i t s expe nditures in operating the plant based upon actua l verifiab l e costs, plus three (3%) percent of such cost for administrat ion . Individuals p r e s e ntly employed by either Ci ty have priority in em p loy me n t b y t h e operators of the joint p l ant , based, wh e r e v er p oss i ble , on a p l an of alternating the selection o f e mp loyee s be twee n he Cities , said pl n to be devised and a dmin i s tered by t he Supe r- visory Committee . 2. Pursuant to the terms of the contract e n tered into on July 2, 1973 , Littleton 's proportionate share of the cost of operation as determi ned pursuant to Section 3 of said contract, shall be c r e dited wi th the c os t o f s alaries and benefits paid by Little ton t o those L ittle t on emp l oyees who are assigned to the joint u se waste wa ter treatment facilities . 3. Those emp l oyees designated i n the Agreement attached ereto , shall remain City of Litt l eton e mployee s, and shall be eligible for all benefits affor de d a ll oth er City of Littleton employees . 4. Said emp l oyees shall hav e t he right t o apply to the City of Englewood for employme nt , but must go throug h all applicable procedures relating to a p plica tions for e mp l oy - ment. 5 . Promotions sha l l be a v ai l a bl e t o thos e Little ton employees assigned to the joint use wa ste water tre atme nt fac i lity , and tho se e mp l o y ees , if p romote d to a higher position at s aid faci l i t y , s h a ll b ecome En g l e wood employees , and shall not be exempt f r o m any c riteria established by the City of Englewood for the filling of said pos ition, or for the pro- motion of any existing personnel to s a id position . 6. Shou ld any employee liste d in attache d Agree - ment be dismissed or should choose t o resign from the employ of the City of Littleton , or choose t o b e reassigne d from said facility to another position of e mp loy me nt with in the City of Littleton, then said vacated pos it i on shall b e fi lled by the City of En glewood . -2- • I • • ...... • • • • 7 . The terms of the attache d Ag r eement a r e t o b e an implementation of the plan to be a dm i n i stere d b y the Supervisor y Committee as set forth i n Sec tion 7.1 of the Agreement between Englewood and Litt le ton da t e d July 2 , 1973 . 8. Supervision of those e mp l oyee s shall b e thro u gh the estab l ished chain of command at t h e j o in t u se was t e wa t er treatment facilities . If said emp loyee s de s ire to ava il t hem - selves of any grievance and discip linary p r oce dure s , they sha ll make use of those procedures established in t he Eng l ewood Ca r ee r Service Rules and Regulations, and a ll ap plic a b l e o r dinan ces and charter provisions set forth by the City of En g l ewood . Section 2 . The City Council of the City of En g l e woo d , Color a d o , here by authorizes the Mayor of the City of Engl e wood, Col o r a d o , to subscribe his n a me to said Agreement o n an d in b eha lf of the City Council and the City of Englewood , Co l orado , a n d t he Director of Finan ce , ex officio City Clerk -Trea surer s hal l attest the same. Introduced , read in full a nd passe d on fir s t r eadin g on the 2nd day of May, 1977. Published as a Bill for an Ordinan c e on the 4 th day of May, 1977 . Read by title and passed on final read in g o n t h e 16th day of May, 1 9 77. P u blished by t itle as Ordinan ce No . of 1977 , on the 18th d ay of Ma y , 19 77 . MAYOR ATTEST: ex officio City Clerk-Treasu rer -3- • ~~~' S e rie s I • • n • • • • - I, William D . James , do h e reby 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 1977. e x offic io City Clerk-Treasurer -4-I • • • • • • - 5 ,1 · l· INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS ~-.1lr/),-1? •;~ BY AUTHORITY ORDINAN CE NO . /j , SERIES OF 1977 AN ORDINANCE AMENDING SECTION 7, CHAPTER 2 , TITLE XIV OF THE 19 69 ENGLEWOOD MUNICIPAL CODE , RELATING TO THE TURNING MOVEMENTS OF VEHIC LES ON STEADY RED LIGHT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows : Section 1. That S ection 7, Chapter 2, Title XI V of the 1969 E.M.C., is here b y amende d to read as follows: 14-2-7: RIGHT TURN ON STEADY RED LIGHT In li e u of the provisions of 15-S(f) of the Model Traffic Code, the following provisions are hereby adopted: (f) Steady red alone: (1) Vehicular traffic facing a steady red signal alon e sha ll stop before entering the crosswalk on the near side of the intersection , or at a sign o r pavement marking indicating where the stop shall be made, or in the a bs ence of any such crosswalk, sign or mar king , then before entering the intersection, AND SHALL REMAIN STOPPED OR STANDI NG UNTIL A GREEN INDICAT I ON IS SHOWN; except , however, a driver of any such vehicle, after corning to a stop and after yielding the right- of-way to pedest rians and other traffic proceeding as di r ected , may make a riqht turn when a steady red signal alone is displayed , except at those intersections where such right turns are prohibited by the traf ~jc engineer, as authorized by 14-3-9, and official signs indicati n g such prohibitions are appropriately displayed . -1 - • I • • • • • • - Introduced, read in full a nd pas s ed on first r ea d in g on the 2nd day of Ma y , 1977. Published as a Bill for an Or d i n a n c e on the 4th day of May, 1977. Read by title and passed on final r ea ding on the 1 6 t h day of May, 1977. Published by title as Ordinance No. 1977, on the 18th day of May, 1977. MAY OR ATTEST: ex officio City Clerk-Treasurer ~~~' Se ri e s of 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 Ord i nance No. , Serie s of 1977. ex officio City Clerk-Tre asurer -2- • I • • • - I NT RO DUCED AS A SILL BY COUNCIL ME1BE R s~vern BY AUTHOR ! TI1 ') ORDIN ANCE NO • ..LJn SC RIES ('F 1977 AN ORDI N ANCE AUTH OR! Zl NG THE !SSUA!l C E OF SPECIAL ASSESSMENT BONDS O F TrlE CIT~ OF E NGLE- WOOD , COLORADO, FO R PAV ING DISTRICT NO . 24, FO R THE CONSTRUCTION AN D INST A LL ATI O N O F STRE ET PAVING, CURB AND GUTTER A ND S!DE '-A LK IM PROVE- MENTS, IN SA I D OI 5T tt!CT; PRESCR I BING T H E FO RM O F THE BO NDS; ANO PROV I DING FOR TH E PAY ME NT OF SAID BONDS AND THE INfE R~S T TH E R EO N. s u WHEREAS , fo r the purpo se of co nstruc ting and installing street pavi ng, curb and gutter and s i d e walk 1mprove~e nts , t og et he r with nece s sa ry incid e ntals on certain s treets , Paving Di stri c t No. 24 in the City o f Englewood has been duly created by Or dinan c e No . __ 6_ of said City, finally ad o,i t e d and a pp r oved on Ap ril 4, 197 7; and WHEREAS , the C i ty Council has d etermined that the cost of the construction and installation of the str e et p aving, curb and gutter and sidewalk impro v e ments , t og ether wit h ne c e s sary in ciden tal costs, which w ill be a s sessed agai n st t he pr o p e rty in c l uded w ithin the district, shall not exceed th e ai nount of S 55 .000 .00 , and th~t bond s of the C ity fo r sai d Distr i ct sh o uld b e issued in this amoun t; and WHEREAS , i n a cco rdan c e w ith t he City Char tee and a resolution p ~s sed on ll.pril 4, 1977, the City Counci l has ad- vertise d for the sale of S pecial Asse s s:ne nt Bo nds and said bo nds in the nmount o f S 55 .000.00 have been awarded to Firs t ~--N_•_c_lo_n_•_l_B•_n_k_o_f_E_n~g~l-e_wo_o_d _____________ ; and WHERE~S . it 1s no w nec e ssary t o p r ov ide for the is sua nc e o f s aid bo nds and the form and payment thereof; BE IT ORDA I NED BY T;iE CITY COU NCIL Of THE CIT Y OF ENGLEWOOD, COLORA DO: Sect i on 1 . Bo n~ De t ai l s. By vir t ue o f a nd pu r s uant to th e Cha rt er and th e Laws o f t he Sta t e of Colorado , Spec i a l Assess- :nent Bonds of th e Cit y of Engle..,ood foe aving Dis tri c t No. 2 4 shal 1 be i s sued f o e t h e pu r pose of paying (o r loc al improv emen t s c o n st ru c ted 1n t he 013 r1ct. The bonds s all b e 1n t he princ i pal a .no unt of S ss ,000 .00 , shall be claued J u ne l , 19 77 , a nd sha ll consi s t of~ bo nds 1n th e denom1nat 1on of $1,0 0 0 ea c h , nuiilbe red 1 to ..21_, inclu s i ve . Th e aonds sha l l be pa yable to bear er, and shal I be due and p a yab l e o n J une l , 1 9 8 7, s ub j e c t to call an d -1- • I • • - • • • • • pr i or pa;i:'ien t o n an y i n t erest payment date , in direct numeri c al orde r , upon pa y me nt o f par a nd a ccru~d in ercst. Notice of such p rio r redempt i on s ~al l be pub l ished 1n a new spaper of general c irculatio n i n Cn g le wood, Colorado, one time ilt leas t 30 da ys pr io r to th e date of r-ed e m9t io n. In addition, a c o py of such Notice s hall be m3iled a t the tim e o f publica tion to the or1gin3l pur ch as er of t he Bon ds . The aon ds s h all b e ar interest at the rate of 5-1 /(\ per unnum, p ay a bl e o n June 1 , 1978, and se:ni-annually t he reafter on June land Dece~b e r l , e a ch ye ar. Th e net eff ec ti ve i n te r est rate o f Lhis issue of Bond s is 5 1/4 \ per a n num. The princ i pal of a nd i n t eres t on said bond s sha ll b e payab l e at The Firs t Na t i onal Ba nk of Cngle,.;ood , in En g l ewood , Colorado . Section 2 . Exe cuti o n of Bonds and In e r est Coupo n s. T h e Bonds s hall be s i g ned with the facs i mil e sig nat u r e of t he Mayor , atte s t e d a nd c o u nte r signed by the manu a l signature o f th,e Dire c t o r of Finance , ex-o ffi cio Cit y Cl erk-Tre a sure r, with a facsi mile o f the seal of the City af fix e d the r e t o , and t he interest coupo ns a tta ched shal l be sign e d with the fa c si mi le signature o f t h e Di rect o r of Finance. Wh e n i ss ue d a s af oresa i d as part of s a id bonds, the interest c o upo n s s ha ll be the bind ing obligati o n s o f the C it y acco rding t o t h e ir i mpo rt. Should an y o f fi cer whose mDnual or facsimi le sig n ature appears on said bo nd s or the coupons a ttache d the r eto c e a se to be su c h off i cer befo re de liver y o f t he bo nds t o the purchaser, such manual o r facsimile s igna t ur e s h all never t heless be valid a n d su ffi c i e nt for all purpo ses . Section 3. f o r m-9_!..__Bon d ~d I nte r es Co u po n s . T he bond s and th e inter es t c o upon s to be a t tached t he reto shall b e in sub s tan t iall y th e f o ll owi ng f o rm : -2- • I • • In n • ~rAT E or COL~RAD~ r~o. - (Form o[ Bond) UNITED STAT£& or AHER!CA CITY OF t~GLCrlOOD PAV!·,:; DISTRICT ;JO . 24 SPEC! ~L ASSESS11E,;r OOND courirv OF' ARA PAIIOE Sl,000 The C1ty of Cn;Jewood , i n the County of Ar-apahoe, State of Colorado, for value received , he reby promises to pay to the bearer hereof, out of the special fund here 1 nafter designated, but not otherwise, the pr1nci;,al sum of ONE THOUSA9D DOLLARS in lawful money o f the United States o f Ar.ierica, on the 1 st day of'June, 198 7 , with interest thereon at the rate of five and one-fourth pe r-centum (5-1 /4%) per annum from date until payment , ?ayable on June 1, 1 97 8 and semi-annually therea!tec on June lan d December l e a c h ye:1r, both principal and inte r est be1n; payable at The F i rst National Sank o f Englewood, in Englewood , Colorado, upon presentation and surrender of the attached coupons and this Bond as they severally become due or are called for payment . This Bond is subject o cal l and rcde:nption in direct nume ri cal orde r of the issue of which it is one , on any interest payment da te, upon payment of par and accrue d interest to the date of redemption. No tice of such prior redemption s hall ~e t>u!Jlishe d in a n-=!wSp.Jp-?r of gene:a l circ ul -3tion in the Ci y , one time a t least thirty (30) days prior to th e date of red e:n;,- tion . Thi s Bond is issued for the purpose of paying the costs of constructing and installing s treet paving , curb an d gutter and sidewalk improvements , t ogether w ith necessary in- cidentals in Paving District tJo. 24, in the City of Englewood , C-::>lorado, by virtue of and in full conformity with lhe Constitu- tion and Laws of the Sta e of Colora1o , the Charter of the City , and an Ordinance of the Ctty duly 3~0pted, approved, published and made a lj~ of c aid City prior to h~ issu.Jnce her eo f. -)- • I • • • • • Puym('nt o f t his Bon d and the in t e r est t he r eon shall be m.JJ<? fro1n, a ncl ac secu r 1ty for such pay:nent t he r e 1s pled;,;iPd , a GpE-c tal fu n d dcs13nated as he "P av ing D1.str 1ct i~o . 2 4 Bond an~ In t ere s t fun d", wh ich Fund sha ll conta in 1n1t1a l l y any r.ion1es 1n t he cons tru c tion account r cma1ninJ a rt e r th e cost of i mprove- ments has be e n paid in ful l an j th e r eaf e r t o con a 1n t he proceeds f r o m SrJec 1a l ussess;ne ntz t o b e levie d against the property 1n- c )u .::le d wit hi n t he D istrict and specially benefited by the con- st ru c ti o n an d in s ta l lat io n o f 1m9rove::1ents therein. The assess- r.t~nts to b e l ev i ed wi l l co n stitute a li en on and agains t each lot or t r act of land i n t he r espect1v o a~ounts to be appo rtioned by an ordinanc e o f th e C i ty . In a d d1 t i o n , 1 n ac co r dance with the C ity Charter, wh e never fo ur-fifths (4 /5) o f the bonds of thi s i ssue have been ?aid and c an ce l l ed, and for any reason t !"'le r !?1na i n 1ng assess- me nts ar e no t paid 1n time to take up the r ema 1n1ng bonds a~d the i ntere s t t h e r eon , then t he City shal 1 pay sa id bo nds wh en due a n d the in te r est due there o n and rei mb ur se it se lf by co l l ec t in9 the un p a i d a s s essMents due the district. Th i s Bond does not cons titut e a debt of the City of Englew ood w ithin t he meaning of any constitutional , statutory o r c h a rt er l 1m1t ation or provision , and shal l not be cons id e r ed or h e ld t o be a g~neral ob l,ga ,on of the City . I t 1s hereby further ce, t1f1ed and r ec ited t hat a ll requ ireme n ts of law have been fully conp l1 ed with by the proper off ic er s of the C 1 y 1n th e i ssuance of this Bond , and that th e t ota l amount of this issue doe s not exceed t he cost and ex pen se o f said improvements o r any l 1m1tat 10n presc r 1bed by la w. Fo r t he payment of this Bond and the i nte rest there o n the C i ty pl edges al l of i ts lawful co r porate powers. I ~ TCSTIMONY H~ER EOF , The City of En9le~oo d has ca~sed this Bo nd to be signed with the f acs 1m1le s ig na ture of the Mayor , a t t es t ed a nd co unte r s igned by the manual s 19natu re of the D1re cto c o f F i nance, e x -officio City Clerk-Treasurer, with a facsimile of t h e seal o( the City affixed hereto, and the inte c est coup o ns attached her eto to be signed ,.,nth the (acs 1r.,.ile sig nature o( the Di r ect o r o f Finance, as of the 1st day of June , 1977. (FACSIMILE ) ( S E A L ) AT TES T: (Ma nu u l S19.naturel Dir ec t o r of f'1ncltlce -4- CITY OF ENGLE~OOO , COLORADO By __ __;(c.:f..;a:.cc:.cscc1:.cmc.1:..l:..e=---S::...:.1 o=n::c•.:.t.::cu.:..r.:.e.,_) __ _ Mayor I • • In r:, • • • • (Form of Interest Coupons) No. s ___ _ Jun e , Un the 1st day of Deccnbe r , 19 __ , u nlcsc the Bond t o Hh1c h this coupon is attac hed ha s been c all ed f o r r1or r eder.tp- t 1on , the C ity of Englc,.,,o od, 1n the Count y of Ar .:ipahoc and St c?te ot Co lor acio , wil l pay to bearer the amoun t nho .... ·n hereon in law- ful raoney of the United S l aten of Ar.ie r1 ca , no l ely au::. of the spe:c i .Jl fund referr e d to in the Cond to which this coupon 1s etta chcd , at 'i'he First National Ba nk of Engle~,ood , 1 n Englewo o d , Co l o r ado , being interest t he n due on its Special Ansess::ien t Bo nd f or P.:iv ing Dist r ic t No . 24, dat ed June 1, 1977 , bearing No . (facsi~ile Sianature) Direc t or of Finance -5- • I • • In n • • - Seel i on 4 . D1soo~1 tion of Bond Pr oc~cd s . The p r oceeds of s ai d bonds sha ll be appl ie.:1 o nl y to pay t he costs .Jnd expens es o f cons tructing ~;'ld 1ns alJ 1ng l i'ilp ro ·,e ments in s aid 0 1 st c 1ct and a ll othe r cos t s an d cx;,enses in c ident thereto . In t he even t that all o( the pr oceed s of sai d bonds a re not required to pay such costs Dnd exr>e nscs, any re ;;ia ining a:;iount shall be pa i d i n to t he speci al assessment fund fo r t he pu r !)osc of call 1ng in a nd p a y in3 t h e p r i ncipa l or a n d int e re st o n said bonds. ~~e1thei the p u r - cha3ers of sai d bonds n or any subseque n t holder of t he sa~e shal l oe rC'spons1ble f o r the appl 1cat1on o f th e p r oceeds of sa id bonds by t h e City or any o f its officers . 1\1 1 or any port 10n o f the bond procee ds may be t e:.tpora r 1Jy invested or rei nvesled , ;,end in g suc h use , i n securi- ties or obl 1g a t 1on s wh1 ch are law fu l investments foe such mun ici- palities 1n th e Sta t e o f Colorado . It i s hereby covenanted and agreed by the C ity that t he t empo r ary i nvestmen t or r e inv estmen t o f he boi'l d proceeds , o r a ny po r ti o n t he r eof, s ha l l be of such nat u r e a nd e xtent , and f or su c h period , that the bonds o f t he City sha l l not eco;n e "arbi t rage bonds " wit h in th e meaning o f Section l03(c ) of the I nte r nal Revenue Co de , a nd pertinent regu l at i o ns , ar1 d s uch proceeds , if so i nvested or rein ves t ed , sh all be su bject to the l imitations and r es t r ictions of sa i d Section 10 3(c), as t he same now exis"ts o r may later be amended , and sh all furthe r be su!:>jec t t o any applicable r egu l ations of the Internal Revenue Se r vice. Sec tion 5. Paving District No . 2 4 Bond a,d Interest Fun d . The bonds a~d the interest the r eo n shall be payable sole l y f rom the local i mpro·Jemen t fund, des i gnated as t he "Paving Distr ic t No. 2 4 Bo nd a ~d I nt eres t Fu n d '', which snall contain in i ti a l l y any mo ni es in the constructio n account rema1n1n3 a ft er t he cos t of im?rovements has ~een paid 1n full and there- afte r t o contain th e proceeJs from spacial assessments to be le vied against th e property wi thi n h e Distr i ct and spec ially bene fit e d by the cons tr uc ti on of impr ovements therein. \·Jh en th ere 1 s on hand a sufficient amount to pay si x months ' in t e r est on outstanding bonds for the Distric t , the City shal l cal l for payment, on th e next i nteres t paymen t date , ou t sta n ::J ing bonds i n direct nu ~er1cal o rder with funds av ailab le here for . Notice of call and tede~pt1on shal l be given by advert1se:nen t o ne time in a ne ws;:,3pe r having general circu l a - t 1o n 1 n the City, at least thirty (30) days poor to the date of rede::ipt1on . The no ice shall specify by number the bonds c al l ed , and all such b onds shal l be paid in their direct n umerica l o rd e r. The ho ld e r of any s...ich bonds r.iay at any t 1me fur ni sh his o r her pos t off i c e address to t he Director of rinance, and in Guch cas e a copy of the adve r t1se~ent sha ll be mai l ed to the bond- ho ld e r, a t ~uch address , o n o r abou the day of s uch pu011ca t io n. -6- • I • • • • • • • Aft e r the ex;:,i rat ion of t he per 10d fol cash pay- ments of as5t•S3:nt?n ts 1n full, the City shall , t o the extent pos51bJe 1 pay eac h year not le ss t han 1 0% o f t h e total a .noun t o f bonds outsta ndin3 after the payment o! t he bo nds wi th the proceeds of s u ch cash pay ments of as s ~ssm~nts 1n f ul l. Sec t ion 6 . ~.!_~ul and J nte r est. ~ddit1onal Secur1tv for the Paymen t o f In a dd1 10 n , 1n accordance w 1 th t he City Charter, when e ver four -fifths (4 /5 ) o f he bonds of t h is issue have be en paid and cancelled, an.:J f o r any r ~a.io n t he r e- rna 1n 1ng ~ssessments are not paid 1n time to ake up Lhc r em a1 n1n g bonds and the interest th e reon, then ~he C1 y sha ll pay sa id bonds when due a n d the Int e re st due th ereo n and rei mburse Itse lf by col l ect1ng the unpaid ass~ss~ents due the dis tri c t. Sec t ion 7. ~ent of Costs . The C 1 ty Co unc i 1 covena n ts tha t upon comp let i on of the lo c al i mpr o vements, or upon compl et io n fr om time to tir.le of any part thereof , a nd upon ac- ceptanc e t hereof by the Council , or wh enev~r the t o tal c o st can be de fin it ely a sce r taine d , it w ill cause a sta t eme nt showing the tot a l c o s t o f the improve:nen t s t o be p repa red and f1led 1 n the office of the Direc tor of P 1 nance . The City Counc il sha ll further cause a ssess~e nt s to be levied against the p roperty i n cluded wi t hi n t he specia l 1mprove~ent district and spec1a ll y benefi t ed by t he const ru c ti o n a n d i n stallc1t1on of such improvements , i n ac- co rd anc e wi th law and the Cha r ter o f he Cit y. Section 8 . That i f any one or more sec tions or parts of t his Ordinan ce sh all be adjudged unenforce- a ble or invalid, s uch j u dgment shall not affect , impai r o r in-- valida t e th e r e~ainin3 pr ov isions of this Ordinance , 1t being the in t e n tion t hat the various provisio n s hereof are severable . Section 9 . Reoealer. All Ord1n3 n c es or p a rt s th ereof 1n co n fl i ct with this Ordinance are hereby r epe aled. S ection 10. Ord;..n an ce Irr eoeal able . After sai d bonds are issued, thi s O r d inance shal l be and remain irre pea l able until said bonds and the int erest t he r eon s hall have been fully paid, satisfied and discharge d. Section 11. !!~. In ac co r dance with Secti on 40 of the C ity Cha r ter, the City Cou n c il s hall hold a pu blic hear1n3 o n thi s o r d inance, befo r e final passage, at 7:30 P .M. on 11onday, May 16 , 19 77 . Section 12. ~a_!.on and Ef fective Dute. Thi s Ordinan c e a ft e r its final p assag~. shall be nu mbe r e d and reco r d ed, and the a do ption ancJ p u bl 1ca ion sha ll be au th en tic ated by t h~ -7- • I • • • • • • • S Jgn.:it urc o( t he l·:ayo r an d the Dir ecto r of F1n.Jnce, C'<-o 1f1 c 10 Cit~· Cle r k-Treas ur e r, ~nd by the Ce rt1f1 catc o! Pub l1 cat 1on. This orc11nan c c sha ll beconc c f fe c tH•e thi rt y (30) days af er pub li ca - ti o n f o ll o win g f1 nil l PiJSSc ge. ( S E /\ L 'IITTEST: ( S E A L ATI·EST: l il?ROuuCCD AIID RE AD This 2nd day o f !lay, 1977 . t!ayo r •FJt,ALLY P,\SSED AllC ADOPT ED Th 1 s 16th clay of May , 19 77 . t:ayo r Director of F1n2n c e •(The fol lowi ng to be omitted fro r.1 publ1cat1on foll ow 1n9 first r e ading and to be inserted in the p ubl 1cat1 on follo wing final pa ss age .) -8- • I • • • ( • • • • . ,7Q_ 5~5 D INTRODUCED AS A BILL BY COUNCILMAN ~-~ '~i'-"' A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE REGIONAL TRANSPORTATIO N DISTRICT FOR THE USE OF CITY ROADWAYS AND PARKING AREAS FOR THE PURPOSES OF PROVIDING BUS SERVICE AND VEHICLE PARKING TO RTD PATRONS. WHEREAS, the City of Englewood and the Reg·ion a l Transportation District are desirous of entering into a n Agreement relating to the use of City roadways and parking areas for the purpose s of providin g bus s e rvice and v e hicle parking to RTD patrons. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, as follows: Section 1. Tha·t the City of Englewood, Colorado, shall e nter into an Agreement with the Regional Transportation Distric t , according to the provisions of that c e rtain written instrument captioned "Agreement", which is attached hereto, consisting o f three (3) typewritten pages, and one (1) attachment, and is incorporated by reference herein. Said instrument provides as follows: 1. The City of Englewood agrees to allow the RTD to use its roadways and p arking are as, as d e s c ribed in the diagram attached to said Agreement for the purposes of providing bus service and v i n g to RTD patrons. 2. The premises shall b e oc i e d a nd u se d b y the RTD during the p eriod begin ng -S---... 2 , t'f'l'l and continuing unt i l said r eeme nt isf t ermin ated b y either party. 3. The City of Englewood operate RTD v e hi c les on the subject to an inspection of premis e s by the parti e s . -1- • I • • . Ir:, - • • • • • • 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. Introduced, read in full and passed on first reading on the 16th day of May, 1977. Published as a Bill for an Ordinance on the 18th day of May, 1977. 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 i n full, and passed on first reading on the 16th day of May, 1977. ex officio City Clerk-Treasure r -2- I • • - - • • • • A G R E E M E N T I\GR£EME1lT made thl s day of Ma;·, 1977, by and between THE C ITY OF E!\GLEWOOO , COLORADO, .:i Mun1.c1pal corporat.ion , he reinafter referred Lo as "Owner", .:ind the REGIONAL TRAilSPORTATJON DISTRICT, a pol.1t.1c..1l s..1bdiv1s1.on of the State of Co lorado , hereinafter referred to as "RTD". IN CONSIDCRAT!ON of mutual pron1 ... s~s ..:o:itaincd herein , and for other good and valuable cons1derution, the receipt and sufficiency of whi ch a r e hereby acknowledged , the parties agree as follows: 1. Subj ec t to all the terms un<l conditions hereof , the owner hereby agrees to allow the RTD to use the Owner 's roadways and parking areas , as described in the diagram attached hereto and incor po rated herein, solely for the purposes of providing bus service and vehicle purking to RTD patrons. The RTO agrees to promote these uses to RTD patrons as "Park-n-Ride" sites, thereby attracting potentia l patronage to the Owner's premises . 2. The premises described herein shall be occupied and used by the RTD during the pe ri od beginning and continuing until this Agreement is terminated as hereinafter p r ovided . Either party may terminate this Agreement at any time by g1v1ng written notice to the other , specifying the date of termina 10n, such notice to be given no less than ninety (90) days prior to the date therein specified . 3. Tne Owner agrees to allow the RTO to operate RTD vehicles on the described premises . The parties shall inspect the premises and agree , 1n writing, as to the condition -1- • l I ·.-1 I I In I • • n - • • • • • • of said prem ises prior to the commencemen t of the R7D 's use thereof . The RTD shall not be lJa le fo r any damage to Own er 's p r ope rty, incl ud.1ng p avement., curbs , and g u tte rs, unless c~used by the neglJ ge nce and/o r om 1ss1on of the RTD 1 s employees . The RTO shall in no event be liable for the acts of third parties n o r for any 1nc 1dcntal dam.1g e t o Own e r 's property . 4. D1rect1onal and informational s i g ns sha ll be provided by the RTD a nd shall be pas cd at l oca tions agreeuble to both parties. The RTD w.1 11 notify us patrons of any changes affecting RTD's use o f t he p r em i ses described herein which may occu r , o r of termination of the RTD 's use of the premises. 5. Any notices o r renuttanccs given pursuant he reto by either party to the othe r par y shnll b e in writing by ce r tified mail, postage prepaid , addre ssed as follows: To Owner: To RTD: Honora~le James L . Taylor 3400 Sou th Elati Street Englewood , Colorado 80110 Regi on al Transpo rtation District 132 5 South Colorado Boulevard Den ve r, Colorado 80222 ATTN : Legal Counsel Office 6 ~ No o ffi ce r, member, or employee of the RTD, and no members of its govenring b o dy, and no othe r publi officia l or e mploy ee of the governin g body of the locali y o r localities inc luded within the Regional Transportation Di strict who exe r cises any functions or r espon sib il ities in t he review o r approval of this Ag reemen t, during his or her tenure, or for one yea r thereafter, shall have any inte r es t, di re c t o r indirect , in t h is Agretment o r the p r oceeds thereof. -2- • : I • • - • • • • • • written. this Ag r eement , e f fec tive the day and date first above IN WIT!J CSS WHEREOP , the ;,arties have duly e xecute d APPROV ED AS TO LEGAL PORM: By RTD Le gal Counse l ATTE ST : Bye =~x-=o'f'f-i~c~1~0,-,C~i~y,-,C~l~e~r~k~-- Tr easure r -3- REG IONAL TRANSPORTATION DISTRICT By Executive Director/Gene r al ~1 J:nu er CITY OF E:I GLElvOOD , COLORADO , a Munici pal co rporation By Mayo r ·-------------- I • • \ • • • _QT.Y_ .J?_ARKING _LQl f A DD IT ION PARKIN G S. ACOMA ST -=====7z. 7:V __ -=====:::::::i kl.. ..J 81 ADD I T ION AL S PAC ES p l. 7- ~ :·· S. BANNOCK ST w > <{ L---------------------------------H:.c..:J~{S/" • • I . • - \ 0 • • • ,. • '} '1 7~ \ C 5 £.f INTRODUCED AS A BILL BY COUNCILMAN c~-n<'JG A BILL FOR AN ORDINANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 9, INCLUSIVE, CHAPTER 2, TITLE VI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE ENTITLED "AUTO WRECKING AND JUNK YARDS". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sections 1 through 11, inclusive, Chapte r 2, Title VI of the 1969 E.M.C., entitled "Auto Wrecking and Junk Yards", are hereby repealed i n their entirety and reenacted to read as follows: Section 6-2-1 6-2-2 6-2-3 6-2-4 6-2-5 6-2-6 6-2-7 6-2-8 6-2-9 6-2-10 6-2-11 6-2-1: CHAPTER 2 AUTOMOBILE WRECKING YARDS AND JUNK YARDS Subject Definitions General Provisions Requirements to Operate Business Permit to Make Certain Improvements Procedure Inspection of Automobil e Wr ecking Yards and Junk Yards Location, Space and General Layout Sanitation and Fire Provisions General Regulations Management and Op e ration Variances and Modifi c a t ions DEFINITIONS For the purposes of this Cha p t e r, t h e s ucceedi n g word s and phrases shall have the followin g me an i ng: (a) Access Road: shall me an t h at a r ea pr i vately owned and maintained and s e t aside wi t hin an -1- • I • • ( ( 0 ( • • • . . • Automobile Wrecking Yard or Junk Yard for use as a fire lane er AND an interior road system providing v ehicular access throughout th e Auto - mobile Wrecking Yard or Junk Yard. (b) Adjacent: shall mean separa ted by an alley or street. (c) AdjoiniE:1_: shall mean contiguous, or separated only by a rear, lee-line FRONT, or side lot line. (d) Automobile Wr ecking Yard: shall mean an area with such access ory buildings and structures a s provided for in this Chapter, where the process of automobile wrecking OR dismantling, or the storage, sale or dumping of dismantl ed , ob- solete, or wrecked vehicles or parts thereof prevails. This term does not include automobile sales areas where used cars in a functional con- condition, or new cars are store prior to sale. Also, the term shall not include any public place of impoundment of abandoned or impounded automobiles. (e) Board: shall mean the Board of Adjustment and Appeals of the City of Englewood. (f) Building Inspector OR INSPECTOR: shall mean the ehier-e~ilding~n~peeeer CODE ENFORCEMENT OFFICER of the City of Englewood, Colorado, or his authorized representative FROM THE CODE ENFORCEME NT DIVISI ON OR FIRE DEPARTMENT. (g) Junk: shall mean goods or materials which are no longer usable for their original purposes or serviceable in their original state . (h) Permit: shall mean a written permit issued b y the Building Inspector to construct or alter a building, structure, or other improvement in or upon any Automobile Wrecking Yard or Junk Yard. (i) Junk Yard: shall mean an area with such accessory buildings and structures as provided for in this Chapter, where the junk waste , discarded or sal- -2- • I • • ( ( 0 ( • 6-2-2: • • • vaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handl e d. (j) Purchase Register: shall mean a written r ecord , on forms furnished by the City, on whi ch is kept an accurate account and description of each and all of the articles purchased, the price paid therefor, and the time of purchase and the name s and residences of the persons from whom such purchases were made. GENERAL PROVISIONS ALL AUTOMOBILE WRECKING YARDS AND JUNK YARDS EXISTING ON THE EFFECTIVE DATE OF THE ORDINANCE AMENDING CHAPTER 22 OF THE 1962 ENGLEWOOD MUNICIPAL CODE, ARE RECOGNIZED AS NON- CONFORMING USES SUBJECT TO THE PROVISIONS FOR NON-CONFORMING USES IN SECTION 22.6 OF ~HiS THE COMPREHENSIVE ZONING ORDINANCE UNLESS OTHERWISE PROVIDED THEREIN HEREfN, AND ARE SUBJECT TO ALL OTHER APPLICABLE CODES AND ORDINANCES OF THE CITY OF ENGLEWOOD, COLORADO. NOT WITHSTANDING THOSE PROVISIONS IN SECTION 22-6-3 OF ~HfS THE COMPREHENSIVE ZONING ORDINANCE, THOSE AUTOMOBILE WRECKING YARDS AND JUNK YARDS LEGALLY ESTABLISHED AS A NON- CONFORMING USE AS OF , SHALL BE ALLOWED TO CONSTRUCT ENTRANCES TO PARKING LOTS, TO SURFACE ANY AREA, TO MOVE, ALTER, CONVERT, EXTEND, ENLARGE, OR REPAIR ANY EXISTING STRUCTURE OR TO CONSTRUCT A NEW STRUCTURE SUBJECT TO THE CONDITIONS HEREIN. S UC H ACTION SHALL BE PERMITTED IF ITS PURPOSE IS TO INCREASE THE DEGREE OF CONFORMANCE WITH THE COM- PREHENSIVE ZONING ORDINANCE OR WITH THIS ORDINANCE, OR TO CON - STRUCT BUILDINGS OR STRUCTURES FOR OFFICE, WAREHOUSE OR OTHER USE, SUCH USE BEING PERMISSABLE IN THE ZONE CLASSIFICATION IN WHICH THE AUTO WRECKING YARD OR JUNK YARD IS LOCATED IF SUCH USE WERE NOT ASSOCIATED WITH A NON-CONFORMING USE. ALL CON- STRUCTION OF EVERY NATURE AND SORT UNDER THIS SECTION SHALL BE IN CONFORMANCE WITH ALL ORDINANCES AND CODES PRESENTLY IN EFFECT OR IMPLEMENTED CONCERNING CONSTRUCTION, HEALTH, SAFETY AND WELFARE. (a) UNDER NO CONDITION OR INTERPRETATION SHALL ANY CONSTRUCTION INCREASE THE PERIMETER BOUNDARY OF THOSE AUTOMOBILE WRECKI NG YARDS OR JUNK YARDS IN EXISTANCE AS OF -3- • I • • ( ( • 6-2-3: • • • (b) UNDER NO CONDITION OR INTERPRETATION OF THIS SECTION SHALL THE CREATION OF ADDITIONAL AUTO- MOBILE WRECKIN G YARDS OR JUNK YARDS BE PERM ITTED. br€ENSE REQUIREMENTS TO OPERA TE BUSINESS It shall be unl a wful for any person to operate an AutoMOBILE Wre c king Yard or Junk Yard within the City of Englewood, Colorado, without first having obtaine d an Auto- MOBILE Wrecking Yard or Junk Yard license te-de-se AS REQUIRED BY TITLE IX OF THE 1969 E.M.C . 6-2-4: PERMIT ~8-EMPANB REQUIRED TO MAKE CER TAIN IMPROVEMENTS It shall be unlawful to e xcavate or construct any building or other structure , including accessory structures , in or upon any Automobile Wrecking Yard or Junk Yard er-te- stere-fflaeerial9, or to con struct entrances to parking lots or to surface any area , commence the moving, structural alterations, conversions, extension s, enla rge ments , alte rat ion or repair of structure s, in or upon any Automobile Wr ecking Yard or Junk Yard unt il th e Bttilding-rnspeeter CODE ENFORCE- MENT DIVISION has issued a Building Permit therefor. 6-2-5: (a) NO BUILDI NG PERMIT SHALL ISSUE UNTIL THE APPLICANT HAS OBTAINED A CURRENT AUTO WRECKING YARD OR JUNK YARD LICENSE AND ALL FEES HAVE BEEN PAID. PROCEDURE (1) AnTHE application for a Bui lding Permit shall be accompanied by two (2) copies of a plan or plat drawn to scale showing the following in sufficient detail to enable the Building Inspector to ascertain whethe r the proposed excavation, construction, reconstruction, er conversion, moving or alteration is in con- formance wi th the provisions of this Chapter. (a) THE LOCATION OF THE AUTOMOBILE WRECKING YARD OR JUNK YARD . (b) A VICINITY MAP SHOWING ADJACE NT STREETS AND THE ZONING OF THE SUBJECT SI TE AND THE ADJACENT AREAS. -4- • I • • ( ( 0 ( • 6-2-6: • • • (c) The actual shape, proport ion , dimensions, a nd topography of the site where such pro- posed changes are to be made and all public easements and rights-of-way; and satisfactory e vide nce that act ual corners of the lot are shown and are established on the ground by a certified survey made b y a registered land surveyor or engineer, such establishe d corners to be marke d in pins s et in concre te. (d) Sefteral-saftitary-a"e THE PROPOSED storm drainage system wh ich shall be subject to approval by the Director of Public Wor k s . (e) The shape, size and locations of a ll buildings or other structures to be erected, altered or moved and any buildings or other structures existing on t he l ot a nd of the storage area s. (f) The existing and intended us e of a ll such buildings, er-other structures and land. (g) ~he-eimeftsiefts-e£-all-yares-a"a Such other informat i on concerning the lot or adjoining lots as may be essential for determining that the provis i ons of this Chapter are b eing ob- serve d. (h) The loca tion and width of th e access road(s). together-with-the-si~e-er-the-sterage-areas. (i) THE PLAN FOR WATER AND SANITARY SEWER SERVICE. (j ) Any other information a s may be required by the Uniform Building Code or Fire Prevention Code. INSPECTION OF AUTOMOB ILE WRECKING YARDS AND JUNK YARDS ~he-iftspeeter-shall-make-regttlar -meftthly-iftspeetiefts - 0£-ali-atttomoeile-wreekiftg-yares-withift-the-eity-afte-shall eft£oree-eompiia"ee-with-the-provisie"s-e £-this-ehapter-a"e afty-ether-9reiftaftee,-iaw-or-statttte-pertai"i"g-therete. -5- • I • • - ( ( 0 ( • • • • IT SHALL BE THE DUTY OF THE CODE ENFORCEMENT DIVISION TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THIS ORDINANCE AND ANY OTHER CODE, ORDINANCE, LAW OR STATUTE PERTAINING TO THE OPERATION OF ' AN AUTOMOBILE WRECKING YARD OR JUNK YARD. 6-2-7: (1) Atttherity. ~he-in9peeter-shaii-have-the atttherity-te-fflake-in9peetien9-e£-atttefflebiie wreeking-yerd9-and-;ttnk-yards-at-reasenabie tiffle9,-£er-the-pttrpe9e-e£-deterfflining-whether thi9-€ede-is-being-eefflpried-with-and-shaii-have atttherity-te-'in9peet-tne-pttreha9e-regi9ter-a9 re~ttired-herein~ AUTHORITY. FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THERE IS COMPLIANCE WITH THIS ORDINANCE, THE INSPECTOR SHALL HAVE THE AUTHORITY TO MAKE SUCH INSPECTIONS OF THE AUTOMOBILE WRECKING YARDS AND JUNK YARDS IN THE CITY OF ENGLEWOOD AS IS DEEMED NECESSARY AND SHALL HAVE THE AUTHORITY TO INSPECT THE PURCHASE REGISTER AS REQUIRED HEREIN. (2) Access. It shall be unlawful for any person to refuse THE INSPECTOR access to an Automobile Wrecking Yard of Junk Yard te-the-in9peeter for the purpose of inspection. LOCATION, SPACE AND GENERAL LAYOUT. Any automobile Wrecking Yard or Junk Yard shall be located on a well-drained site and shall be so located that its drainage will not endanger any water supply. All such uses shall be in areas free from swamps or other potential breeding places for insects or rodents. NO AU'l'OMOBILE WRECKING YARD OR JUNK YARD SHALL BE LOCATED WITHIN A ONE-HUNDRED YEAR FLOOD PLAIN. (1) Access Roads. (a) Access roads, as defined and required by this Chapter, shall be kept open, at-arr tiffle9 GRADED, DRAINED and free from obstruction as fire lanes AT ALL TIMES. Stteh-read9-ffltt9t-be-kept-graded-and-drained- at-air-time9. -6- • I • • ( ( G ( • • • • (b) Such access roads shall b e p rovided as a r e necessary throughout e very Automob i l e Wrecking Yard or Junk Yard to a llow f or a dequate health a nd f i r e protec t ion. £er ene-distriee-i"-wnien-stteh-ttse-is-ieeaeed,- Such roads shall b e provide d accord i ng to the specifications hereinafter set f o rth , and shall be approved by the F i r e Chi e f a nd th e Director of Public Works. (cl The minimum width for two-way access roads shall be twenty-five (25) feet; for one-way access roads, the minimum width shall b e fifteen (15) feet. Curves on all access roads shall have a minimum inside radius of not less than twenty (20) feet. (2) Ingress and Egress from Public Streets. The location and size of driveways leading to and from the public street to any Automobile Wrecking Yard or Junk Yard shall be subject to the following conditions: (a) No portion of any driveway shall be closer than thirty (30) feet to the curb line of a street intersection, nor closer than ten (10) feet to a fire hydrant, catch basin, end of curb radius at corners or property line of an intersecting street. (b) The width of any driveway shall not exceed ewe"ey-£ive-~~5t THIRTY-FIVE (35) feet measured along its intersection with the property line. (c) No two driveways from the same use shall be within thirty (30) feet of each other measure d along its intersection with the curb line . (3) Off-Street Loading Requirements . Off-street loading berths or facilities for off- street loadin g for any Automobile Wrecking Yard or Junk Yard shall be located wholly within the confine s o f the fence surrounding the y ard as required here in. -7- • I • • 6-2-8: ( • • • SANITATION AND FIRE PROVISIONS. (1) Water Supply. (a) An accessible, adequate and safe supply of sa~e potable water shall be provided to every Automobile Wrecking Yard or Junk Yard. (b) All water supply facilities, i.e., pipes , valves, outlets, shall b e open to inspection by the Building Inspector or any other duly authorized person. (c) The development of an independent water supply to serve any Automobile Wrecking Yard or Junk Yard shall b e made only after express approval has been granted by the Department of Public Health of the State of Colorado. (2) Sewage Disposal. All sewage disposal shall be in accordance with this Code and all plumbing in any Automobile Wrecking Yard or Junk Yard shall comply with the plumbing laws and health regulations of the City of Englewood, County of Arapahoe, Tr i -Cou nty District Hea lth Department, and State of Colorado. (3) Refuse Disposal. (a) The storage, collection and disposal of refuse in or upon any Automobile Wrecking Yard or Junk Yard shall be so managed as to avoid health hazards, rodent harborage, insect-breeding areas, accident hazards or air pollution. (b) No materials or wastes shall be deposited in or upon any Automobile Wrecking Yard or Junk Yard in such form or manner that they may be transferred off the premises by natural causes or forces . (c) All materials or wastes which might cause fumes or dust or which may be edible or otherwise attract rodents or insects shall be stored outdoors only in closed containers. -8- • I • • 6-2-9: • • • - (4) Fire Protection. (a) All areas shall be kept fre e of litter , rubbish and other flammable materials. (b) Fire extinguishers shall be maintain ed , the number, kind and location of which shall be approved by the Fire Chief. GENERAL REGULATIONS. (1) Every Automobile Wrecking Yard of Junk Yard sh all be closed on its perimeter with a solid, non- transparent vertical wall or fence with a minimum height of six (6) feet and a maximum of twelve (12) feet measured from ground level. Every gate for any such yard shall be of solid non-transparent construction of new or used material in reasenably good condition. Each such gate shall be the same height as the wall or fence or such wall or fence shall be extended above any such gate to match the height of the rest of such wall or fence. The aforesaid solid, non-transparent wall or fence and any gates or doors shall not contain any advertising sign or poster other than that needed to identify the enclosed business AS PROVIDED IN §22.7 OF THE COMPREHENSIVE ZONING ORDINANCE. (2) There shall be no stacking of automobiles, j u nk or any other materials whatsoever which sha ll be visible above the sttrrottnding-or r equi r ed perimeter wall or fence and the gate or gate s from the ground level. (3) The said operations shall BE CARRIED ON WITHIN THE PERIMETER WALL OR FENCE AND shal l n ot encroach upon or use any-area-etttside-o£-a£ere~aid-£enee-er wall THE PUBLIC RIGHT-OF-WAY FOR THE ST ORA GE OF VEHICLES OR PARTS THEREOF; NOR SHALL ANY VEHICLE BE DISMANTLED OR WORKED ON OUTSIDE OF THE PERIMETER FENCE OR WALL. (4) The storage o f any junk or automobiles shall be conducted in a safe manne r. -9- I • • • • • - (5) Every use shall be so operated that it does not emit any obnoxious or dangerous degree of noise, vibration, dust, heat, glare, radiation, fumes, gas or smoke beyond any boundary line of the site on whi ch the use is located. (6) No burning of automobile cushions, tires, up- holstery, or automobiles shall be permitted . (7) Gasoline or oil shall be drained aftd FROM ALL NON- OPERABLE VEHICLES WHICH ARE STORED OR KEPT WITHIN THE AUTOMOBILE WRECKING YARD OR JUNK YARD AND SHALL BE stored in compliance with the provisions of this Code governing storage of inflammable liquids. ~revieed-tnat-draiftage-tneree£-sna±i ftet-be-reqtti~ed-wneft-tne-ven±eie-±ft-wnien-tne iftriaffllllabie-iiqttid-±s-eeftta±fted-nas-aft-eperabie ffleter~ (8) ALL advertising signs must COMPLY WITH THE PRO- VISIONS OF §22.7, SIGN CODE, IN THE COMPREHENSIVE ZONING ORDINANCE, AND ALL ILLUMINATED SIGNS SHALL be so placed so as not to create any injurious effect by-riasniftg-er-by-giare on any surrounding residential areas or to conflict with any traffic lights. 6-2-10: MANAGEMENT AND OPERATION. (1) In every Automobile Wrecking Yard or JurkYard, there shall b e a designated office building in which shall be located the office of the person in charge of said Automobile Wrecking Yard or Junk Yard. A copy of this Ordinance shall be posted therein and a purchase r egi ster shall at all times be kept in said office. (2) It shall be the duty of the person in charge of tne-areresaid-ttses ANY AUTOMOBILE WRECKING YARD OR JUNK YARD, together with the owner or operator thereof, to: (a) Keep at the said place of business, a written r eco rd on forms furnished by the City, on which ne shall BE giveN an accurate account and d escription of each and all of the articles purchased by-n±ffl,the price paid -10- • I • • • • • • therefor, the time of purchase, and the names and residences of the persons from whom such purchases were made. This b o ok shall b e open to inspection by authorized representative s of the City a t any reasonabl e time. (b) Maintain the use in a clean , orderly and sanitary condition at all times. (c) See that the provisions of this Ordinance are complied with and enforced. 6 -2-11: VARIANCES AND MODIFICATI ONS . The Board of Adjustme nt and Appeals shall have j uris- diction and power to grant variances or, in specific cases, to modify the strict application of the provisions of this Chapter, provided the following conditions are me t: (1) Applications for variation or modification of any provision of this Chapte r shall be in wr itin g upon f orms provided by the City. Publi c Notice of time and place and purpose of a Public Hearing upon such appl i c a tion shall be given by posting of the property affec t ed for not less than fifteen (15) days prio r to such Hearin g , and by publish i n g such notice once in the offic i al newspaper of the City at least fifteen (15) days prior to such Hearing . Such posting shall consist of a si gn , prepared by the applicant and approved by the Licens e Office r, not l e ss than three (3) feet by four (4) feet in siz e , located four (4) feet above ground level in a conspicuous p lace , reading i n l etters intelligible from the adjoining street right-of-way. The c ost of such Publi c Notice, as determined by the License Officer, shall be at the e x p ense of the applicant and shall be pa i d at the time of application . (2) There shall be no unnecessary and substantial hardship in applying the strict letter of ~~ek THE provisions, p rovided that no such variation or modification heretofore or subseq u ently authori- zed or existing shall constitute or be construed as a prec edent , ground or cause for any other variation or modification by the Board, and that such power to vary or modify shall be strictly construed as specifically e numerated within the jursidiction of the Board. -11- • I • • Section 2. • • (3) In the matter of g rantin g variances, the Board shall first find that all of the following con- dit ions a r e present: (a) That t he variance will promote public health, safety and gene r al welfare , after giving r ea sonabl e consideration to the character of the District. (b) That the variance wil l do substantial justice to all and not jus t to the applicant for the variance. (c) That the plight of the owner of the property for wh ich t h e variance is sought is d u e to unique circumstances existing on the p roperty not created by the owner and not due to general c onditions in the District in which the property i s 1 c,0 ,a ted. (d) That the variance, if author iz e d , wil l neither we aken the general purpose of this Chapter nor the regulations prescribed for the District in which the property is loc ated . (e) That the variance, if a uthorized, wil l not substantial l y or p ermanent l y injure the appropr iate us e of adjacent conforming p rop erty. The provisions of t his Chapter are hereby declared to be severable, and if any s ection, provi s ion, or part thereo f shall be held unconstitut ional or invalid, for any reason , the remainder of this Ordinance shall continue in full force and affect, it being the l egislativ e intent that this Chapter would have been adopted e ven if such unconstitut ional or i nvalid matter had not b een inc l uded therein. It is further declar ed that if any provi sions or part hereof, or the application thereof, to any person or circum - stances are held inva lid , the remainder of said Articles in the appl ica tion thereof to other pe rso ns shall not b e af fected thereby. ~1 - 1 ;J- • I • • • • • Section 3. The provisions of any ordinance in conflict herewith are hereby expressly repeal ed . Introduced, read in full and passed on first reading on the 16th day of Ma y, 1977. Published as a Bill for an Ordinance on the 18th day of May, 1977. 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 Ordinan ce , introduced, read in full and passed on first reading on the 16th day of May, 1977. ex officio City Clerk-Treasurer -t-\3 • I • • - • • • RESOLUTION NO.~, SERIES OF 1977 A RESOLUTION DIRECTING THAT THE CITY DITCH BE PIPED IN A CERTAIN LOCATION WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, a certain ditch known as the 'City Ditch' carries irrigation waters originating on the South Platte River and traversing the City of Englewood generally from south to north, is an open ditch crossing the properties between East Eastman Avenue and East Dartmouth Avenue on South Sherman Street within the City;and WHEREAS, the said open ditch presents a hazard to children who reside and play in the immediate vicinity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City Ditch, where it traverses Lots 37 through 48, Block 3, ROSE ADDITION, to Englewood, be encased in a thirty-six (36) inch reinforced concrete pipe. Section 2. That the cost of labor and material for the piping of said ditch shall be borne by the City of Englewood at a cost not to exceed Fifteen Thousand ($15,000.00) Dollars. Section 3. That said funds shall be taken from the Fund Balance 5 F of the General Fund of the City, and placed in a special account by the Director of Finance and to be held sole l y for the pay- ment of the construction of said improvement . ADOPTED AND APPROVED this 16th day o f May, 1977. MAYOR -1- • I • • • • • • • I, William D. James , ex officio City Clerk-Treasurer of the City of Englewood , Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No . , Serie s of 1977 . ex off icio City Clerk-Trea surer -2- • I • • ( • \ • - MEMORANDUM TO: FROM: Mayo r a nd Me mbe rs of En gl e wood City Council Andy Mccown, City Manager DATE : May 12, 1 9 77 SUBJECT : CITY DfTC II Enclosed is a repo rt fro m the Utilities Director concerning our policy in regard to piping or e nclosing of the City Ditch. This is relative to the attached Resolution appropriating monies for this purpose. You perhaps will want to review this report in consideration of this matter. S~rely, , (A~~~~- AND~~COWN City Manager ph Enclosures cc : Kells Waggoner, Director of Public Wo rks Chnrlcs Can·nll. Oir<'c tnr o r l ltilitks I • • • • • MEMORANDUM TO: Andy Mccown, City Manager FROM: Charles B. Carroll, Jr., Director of Utilities DATE: May 12, 1977 SUBJECT: City Ditch This memorandum addresses the question of policy regarding improvements to the City Ditch by private property owners ; and it provides a summary of the magnitude of costs associated with such improvements . First off, I will highlight the history of the City Ditch, to relate present-day activities to earlier activities. The City Ditch is a carrier ditch, supplying water out of the South Platte River by contract with the many users who originally irrigated crops. Rights of way date back to 1876, while the first water was applied out of the ditch in November, 1860, making the City Ditch the number one water right on the South Platte . I note that Thomas Skerritt conveyed a 25' right-of-way to the Platte River Water Company in 1876. In other locations the right-of-way is up to 50' in width. Englewood assumed control of the City Ditch in 1970 by Quit Claim deed from the Denver Board of Water Commissioners . At that time Denver's policy regarding improvements on the ditch placed all financial respon- sibility and liability on the private or public group or individual wishing to do something on the ditch . Denver issued a license to the requestor to accomplish, completely at his cost unless otherwise nego- tiated, such things as crossing the ditch with water, sewer, gas and telephone conduits; overhead power lines, driveways, bridges, streets; and encasements of the ditch. They also permitted property owners to change the course of the ditch by exchanging quit claim deeds. Whe n Englewood took over the City Ditch, the Englewood City Council, in effect, continued Denver's practice regarding licenses. In the May 19, 1970, Water Board minutes (exerpt attached), the Board recommended City Council delegate the approval authority to the Water Board chairman for license agreements containing the provisions contained in a sample format pre- sented at that meeting (copy attached). City Council approved this recommendation by passage of Ordinance #31, Series 1970. The provisions of the license agreement calls for the licensee, in para - graph 13, to indemnify and save harmless the City against any and all claims , damages, actions or causes of action s and ex pense s to which it may be sub- jected by reason of such construction . In my view, that obviates the City participating in the cost of the improvements; unless specifically stipul ated in the agreement. • I • • . 1,-, - • • ( • Memorandum to Andy McCown May 12, 1977 Page 2 • • Since 1970 Englewood has approved 32 license agreements with private individuals and public agencies. For ditch encasements, there have been 14 such licenses. In every case the licensee has born the entire co s t. Prior to 1970, our records show that there were six private party license s in addition to the City's licenses for street improvements over the ditch. A list of the pre and post 1970 licenses is attached. Encasing the ditch in a pipe is very expensive, due to the requirement to use 36" reinforced concrete pipe. We do permit "seconds" to be used as long as the joints are properly sealed. One of the most recent projects cost the owner $32.66 per foot for a 300 foot installation. Small jobs will carry a higher per-foot cost while larger jobs will carry a lower cost per-foot. It is virtually impossible to go back and retrieve actual costs for past enclosures. Many property owners, we found, are reluctant to tell what it cost them. Others simply cannot find their cost records. However, by using the Engineering News Record Construction Cost Index, we find that, between 1967 and 1976 the index rose by an annual average of 12 %. For the period 1957 through 1976 the index rose by 11.5% on an annual average. Of course, the last ten-year's inflation has skewed the price, because the annual average increase from 1957 to 1966 was only 4%. It is safe to say that future costs will increase somewhere between 5 and 10 % annually. Were the City to assume the financial responsibility for enclosures or other improvements, the cost could be staggering. Inside the Englewood city limits there is nearly 17,000 feet of open ditch . It would cost $500,000 to enclose that amount, in today's dollars. In time there would be more pressure to enclose some of the four miles of open City Ditch in Littleton, as well. I recommend that the City hold to the past policy and practice of requiring licensees to bear all costs of proposed improvements. Additionally, the City Attorney should render an opinion as to the financial liability pro- visions on the license form . Charles B. Carroll, J . CBC/kr Encl. I • • • - LIST OF CITY DITCH ENCLOSURES Estimated per Foot Cost Year Licensee Length of Enclosure at the Time 1957 Buckmaster 206' $ 9.90 1961 Benton 140' 11. 50 1961 Cherry Hills Manor Nursing Home 117' 11. 50 1964 St. Louis Church 460' 12.80 1967 McDermott 12' 25 .00 1968 Corah 16' 30.00 1970 City Parks 42' 35.00 1971 City Parks 80' 35.00 1971 Lynnco Investment 214' 21.60 1971 Thorney 125' 21.60 1972 Wolhurst 40' 40.00 1972 Wolhurst 48' 40.00 1973 Swedish Hospital 167' 25.90 1973 Corah 70' 25.90 1974 Public Works 471' 27.60 1974 B.B. Anderson 20' 40.00 1974 Cooley 53' 27.60 1974 Public Works 60' 35.00 0 1976 Harvey 300' 32.70 1977 Crumpacker 483' 35.30 • I • • (( • • • - CITY DITCH RIGHT OF WAY CITY OF ENGLEWOOD ,..,u-•--• -.... ,, ·-· ., ............ "' o., COLORED PORTION DENOTES ENCASEMENT . ( TOTAL DITCH IN CITY LIMITS 30,760' ( ENCASED 14,070 I . • OPEN 16,690 • • ( ( • • - 0 0 L I Cf.,<S[ >f.Rf.f.'1£N T 1 H1 S ACRf.EH[ln , i;,ad e a nd tnlc red in to as of the ___ day of ------- , by a nd b et'-'een the C I T Y Of E:.I GL E\.'000 , a municipal cor po r a ti o n o f the State o f Co l o r .,do , h ere i n after r e f e r red t o a s "City'\ and the .. o f the S tat e of Co l orad o , he re in a fter referre d t o as "Ll CE NSE E", IJI TNESS ETH : The Cit y without any 1.:a rran t y of its tit l e or i n teres t whatsoeve r, her e by a ut hc,r iz es L icens ee , i ts s uc c es s o r s and a s s i g ns, t o const r uc t, ut i l i z e, main - ta i n, r epair and r epl a c e one (1 ) f o u r t e en (It..) i nch water main ,..ith in and acro ss the City 's rights-of-\.Jay f o r the C ity Ditc h, s itu a te in th e e a s t half (£~) of Sec t ion 34 , To \."TlShi p 4 So uth, Range bB \Je s t, of the S i xth Princ ipal Keridan, County of Ar apahoe, St ate o f Co l or ad o , along the f o ll o\J ing de,c ribed conted i neu CROSS ING NUHB[R I: Beg i nni ng at a po int o n the s o uther ly b o und a ry of the City's r i g ht·of •\Jay f or the City Di tch, whence t he ,ou theu t co rner of sat d Sect 1 o n )4 bears Sou th 780 21' 20" East, a di.stanc e of 988 fe et :oor e o r lts,1 t hence North oo 27 ' East a distance of )0.5 feet more or les, to the poi nt of ten:11t1:1 u 1 on the n orth erly bt>undary o f the City', ri&ht·o f ·way (or the Ct ty Ditc h. l. An y c o nstr u c ti o n contemplated or perf o rmed und er thi1 Li cens e sh all c omp ly with and conform lo standard, fonnulaled by the Director o! Utilities of the City and ,uch cons tru ction sha ll be perf onned and coa,p leted ac c ordin& to the plan and within the t o leranc es given on the City'• drawin&•, Or. 67 tlo. 1 769, cona!sting of four sheets, co pies of ,..,t,ich are atta c hed hereto and made a part hereof. 2. The Lic ensee shall notify the City's Director of Utilities, at least three (J) da y s p rior to the. time of Cor!CCnceoeot of the con1tructloo of, or any repair, made to, Li cen,ee' s one (1) fourteen (14) inch waler ma.in, or other appurtenant lnstallat'ions thereof , .so that the City may, in ita dhcretion, inspect such operations. 3. \Ji th in fifteen (15) day1 from U,.e date of the coariencement of con,truction of ,ai d o ne. (1 ) f o urte en (14) inch water c.aln, the Licensee sha ll complete such construction, p la c e a n d mai nt ai n perm.ane nt, vhib le oarker,, of a type and at ,uch locattons at de ,tgna t ed by th e C ity'• Di r ector o f Utili tha, referrin& to the ce nterline of the in• .stal htt o n and .,ha ll char the c rostin& are• of all constructi on deb rt, and restore the area to t t .s p reviou s cood it!o n u near u c.ay be reasonable. I n the event the placing o f the c e n t erl ine markers and the c le a rin& and restoration of the cro ss ing area is not coo p l eted vithln the tt a e .s pe ct fhd, the City cay con ple te the work al the sole expco,e o f the License e. ,, I • • - (. / ( ( • • • 0 0 4 . The Cily s hall ha v e the right t o l"'a inla tn , Insta l l, repair , remo ve or . re l ocate the City Ditc h or 11ny other o f its hcllttie , o r in!!lltallallons ,.,llhln the C i ty 's ri ght,- o f -1.:a y , at any time and i n suc h m,inn e r u, th e C ity decms nece s s ary or c onvenien t. The C:ity rcscr\'CS the exclusive right t ~ c.on lrol all ea semen ts a n d tn s t alh,tions . In the ev ent the on e (1) f ou rteen (14) i nch \.."Aler c::.atn s houl d Interfere \Jith any f utur e use of ,, the City 's rights·of-,,:ay b y th e City , the L i e.en.se e sh all, upon r eque s t and at its so le e xpt:n se , relocate , rearrange , o r r emov e Its Inst alla t i o ns so a s not t o inter f ere with any s uc h use . !I. An y repair or r epl3ce:men t o f any City Insta llati on tr.41de ne ce s s ary , i n the o pi n i o n o f the C ity's Dir ec tor o f Utllttles , b ec a us e o f the con struction , utili z ation, r-epair , r-ep la ccmen t or-mai ntenance o f the o ne (I) fourt ee n (14) in c h ,...a t e r main or olhe r-a pp u r-tcn ant insta lla ti o ns t her-eo f, s hall be made at the so l e expense of the ti c c n se e. 6 . The s tipulat ions a n d condit ions of this L i cense sh all be incorpo rated into contract .!.p eclf i cations 1f the cons t ruction herein authorized is to be done o n a contract b asts. 7. The Tights and pri vileges granted in thls License shall be subject to prior Agreeme nts, L icenses and/o r g rants, recorded or unrec.prded, and 1 t shall be t he Li c ensee's so le responsib ility to d etermine the existence of said documents or conflicti ng uses o r inst allations. 8. The Li censee sh all contact and fully cooperate wl th the City : s ditch f o reman and the c r oss ing s hall be made witho ut i nterference with any lawful, usual or ordinary fl o ._ o f '"'aler through the C ity Ditch. Li c ensee shall auume all risks incident to the possi ble p r esence of such \Jaters, or o f stonn waters, or of surface waters in the City Ditch. 9. A reinforced c o ncrete cut o ff wall, at ahown on the attached drawing ent itled, "Typic al Cu t Off \.1all" (Or. 69 Ho . 722), sha ll be placed at loc a tion determined by the City 's inspe c tor . Li cen s ee's c ut o ff wall shall have a mJni mum thi ckness o f ten (10) inches ; sh all extend o ne (l) f oo t into undistu rbed ort&inal g , ... •nd be l o w the bottom of the Li cen se e• s tr ench, one (1) f oot into undisturbed ort&inal ground o n boLh ddes of L1cen~e e 1 s trench, and to a height o f one (l) foot a bove. the hlgh water line of the City Di tch . Cut off '-'all excavati on , f orcing and steel pla ce.oe nt ,h all be lospected and appr oved by the C ity' 1 in spect o r prior to place=.ent of conc r e te. 10. The Lf c ensee •.:ill no t pl a ce , no r allow to be placed, any manholes, meters oc s imilar .ippurtena~ces \lithln the City'• ri&ht1-of-way for the City Ditch. • & I • - ( • • • • 0 0 11. All l t c n c hes \.l i lhin the City 's righ t s-of-.... ay s hall be ba c kfi l led and tamped to Lhe orl&l nal 5;.r ound l in e in laye.s no t to exceed sh (b) inches l oos e me asure to a c.ompaclion o f ninrty per cen t (907.) Standa rd Procto r Ma ximum Densi ty. 12. Ll c (.ns e:e , by acccpt.1nc e o f this l icenses , expressly a ssumes full and stric t 1 iabi 1 i t ;• for any and a ll d.:,mages of every nature to pe r sons o r property c aused by \.,laleT from the ditch lc-aking through , or breaking through , the dit ch bank or banks at the po int o r points i,..:he re t he Licensee perf o rms any work i n connection \Jilh the crossing provided by this l icen se . 13 . Li c ensee s hall i ndemnify and save ha rm l ess the City , i ts of fi ce rs and em- ployee s, against any and all c la ims , d ama g es, actions or causes o f action and expenses to '"'h lc h i t or they may subj ected by reason of s aid o ne (l) fourteen (14) inch water ma in being \Jlthin and a c ross the premises of the City or by reason of any ""-ork d one or om i ss i o n ma de by Li ccnse e, 1 ts agents or empt oyee s, in connect ion with t he construe t ion , repla ceme nt, mai nte nance or repair of s aid installation. 14. It is exp re ss l y agr ee d that l n case of Licen s ee's breach of any of the \Jithin promises, the City may , al its op ti o n, ha ve speci fic pe rfo rmance thereof, or s ue for dama ge s 'res u lLing from such bre ach. 15. Upon aband onment o f any right o r pri vilege here in granted, the ri gh t of Li c ensee to th a t e x tent s h a ll terminate, but its obligation to indemn ify a nd save hann- l ess the Ct ty, its o fficers and employees, shall not terminate in any event. In granting the above authorization, the City reserves the ri&ht to make full u s e of the property invo lved as may be nece,,ary or convenie:nt in the operation of the water ""·orks plant and system under the control of the City. IN WITNE SS WHEREOF, t h i s instrument has bee n executed as ~f the day and year first above 1.1Ti tten. APPROVtD 1 ex o fftcto Oirtctor of Ut1ll tie1 CITY OF ENGLE WOOD, acting through and by it, \.later Ad visory Board By•-------,C""h""'a7l ,.,..=-.--- I • • t ( • • • • rN TRO!lUlLD A!> .\ JLL BY CO US CI L'iAN ____ ~--------- BY AUTHOR ITY JRD INA.~C! :m .• ,,, , S. RI LS OF 19 70 AN OR!l rnA: C. ,'~1 · S:l ING C.H AP T!:.R 8 R :.J,Tll\G TO ICAT:.R A.'i!J SLl,~R BY I :J I NG N-' Sl C.TlO NS TH, Re TO, AUTHOR I Z ING T H:. '•ATr.R AN ::l S , \.',.R BOARD TO I SUE Ll C.i..NS t s TO C.ROSS OR E NC LOSlc. Till. CITY DITCH A.'l'.l TO f STABLI SH Re ,\SO'.lA BLF RULES A.\'O Rlc.GU Ll.TlONS TH r.R!.FOR. Bt IT ORDA INc D 8Y Tll=. CI TY CO UN CI L OF TH~ CITY Of L~G U.- : .. :000, COLORADO , as f ol lows: Thst Cha p ter 8 of the 1:,..g lewood Hunici ~al Code is hereby a:::ende d by oddlng n ew se ct i ons the r eto as fo llows : !!..:..l:1 Boord -Au thoritv to h<ue Lic en s es The Clt y Water end Sewer Bo a rd ls here oy a uthor ized to issue Lice nses and oermits for the crossing of the "City Ditch " for pur po s e of t r ans?orti:-l.; by p i?• o r conduit, storm water, sani~ary sewe r waters, do,nc n tic \Jate r supoly , g as pipe l tne, te l e phone condu it, electrical conduit, over- heed wire, b ridges or enclos ure s of said City Ditch in oipc, provided, however, that no build ing shall be author- ized t o be con structed within the right-of-way of the City Ditc h. 8. 1 -3 Licen •e• l!sed -When The Ci:y l.'ater and Sewer Boa rd may i s sue such licen•es to t.n y person , f i::,n a:-corooratio n, privllte or publ ic, upon s u c h tercs and conditions as shall not be inconsistent wi th the intende d use of s aid City Uitch and such license asrcei:,ent ,ha ll provide for the following : (a) All con s truc tion shall cocply with end c onfonn to t he s tand ards f ormul&ted by the Direc tor of U:il1t1es. (b ) The Ci t y shall have the ri ght at al l times to maintain, install, rep air, r emove or r~l oc nte the City Ditc h o r a"y other of its facilities or in s ta ll ations within the Cit y 's ri ght -of-way. The City re serves the exclus ive righ t to c ontro l all caseme n ts a nd insta ll a- tion s. (c ) That in the event that an y use by the licenaee should inte rfere with an y future u s e of the r i ght -of- wa y b, the City , the l i c ensee s ha l l, upon re que s t and a c h ie sole e xp ense, rel ocate , r earra ng e o r remove its in s tallation so as ~a t t o i ~te rfere with suc h use. (d ) Any r e p air o r re pl a c ement of any City instal l a- tio~ ma de nece ss a ry i n t he oo inlon of the City 1 s Direc tor of Util itie s fo r any reason s hall oe made at the so l e expe ns e o f the lic e~s ee. • I • • .n - ( • • of • • • (c) That o l ri~ht. a:i I ~c l vl lc 6 es granted in a 'l'I ~ 1c c, c:e is s1...e<l h,.. t!1 e ... 'a c c r a nd ~1 cwe r Bo a rd sh at l be sub e ct t o :i:-10:-;3re c ::ie ncs, licenses, and /or gr a iltS , :-ecorJc ! a.:,d unrecorde d , and 1 c sh all be the lice,~ce's s ole res~on~ hi lity ca d etermine t he c x is- teilcc of sai ~ doc ...cnents o~ conflic c1ng u s es o r in - st a ll ations . (f) That t h e l i c e nsee shal l co ,tac t and fully coo,e r ate with the Cit y J i.cc h tora cail and :he cros sing s ha ll be ma d e wi thout in ter feren c e with any l aw f ul, l.S ll al or o rd inacy f l ow of 1oatcr throug h the City ll itch . (!!) 1~P l i.ce1S ee \.•ill not p l ace, no r a l low to be :,t o ... ~d, u.,1 j r..~1.,h,? e s , ~ete r s or stci t lar ap ;:,urtenanc es wi cti, :h~ '.ity 1 i :i;!1 :s-o f -~ay for the ~ity Ui:ch. (h) ·n 1.,c t l:c licens<.:c s h.:.i.t l a ssume a ll risks , in- ci ,!cn t t o t h e j\OSs i !>lc ,t l·s cnc e o:: such ,:atc:-s , !!:.orm wnte rs or surface ~a t er~ in t h e City Ditch . (1) T"::.a t a!l licc:is ce )'; -:,y a cce;,ta:1c c of thei r licen,e C:<i>rP c.~1 / a cs..:.::.tJ L .:i l .a.1..! :;u.i~c l i a..J i l !.:.y .;..:>r n ay a:id al 1 .!u:n a t c .::,: c:1y :1a ::.J :-c. :.o ;,c ::-!,oa s ..1r :,:."o~c :-t ;-c a :..is e d b:, w1·1t c>r f roo tht l.J itch leak ing ch:-ough o r b r e a king t hrough t!1e 'i t s ~ !.,ar1k or b3::fr.& at the poL,c ~r po ints ,,,,here t he ! i :e t1sc e ;.>erfo t"TTIS ,.1 'I ,;::,r·~ i1 c.J.mcr.::c io:i with the c rossln; ?~J vided ~y t he lic ense . (j ) l'aat the l i :e :1see ah a l l i:1:!e:naif y and save harm- J e s1 the (lt y of 'n3lewood , it s o ffi cers a~J c~pl o y ees a ;:iinEt any a ·1~1 all c l .:1::ts-, Ja=ia;;c.:-, nc tio:u, or ::a.u ses of actio:is a:id ex:,e .1s e s ::o whi c 1 i: or t h ey c.a ;; :>e su b- ject .J/ rc as o:1 of s Ji J i 15 :.!l lati Y1 .)Ci.1~ , .. ichi11 a:1d a c:-o s 5 the J:c~isc s of Lh e ~i tJ or .,y reason of any work d::,~c or o::iiaslo:1 a:a !e )y t~c licc:rne c , 1 :::; nge:its , o ::-e :n=1loy ee s l n coanectl o'l ,..;ith t h e const:-uc tio n, r e- ~l a=c ~cnt , ~alncena~c e or re~a ir of aaid iasta tl utl on . (:<..) That :.:h e lic c '1 Sc>~ c :~:i r cssly a ..;rc es th.:i:. in the case o f ll ~c 11s e e 1 s !,:cn~h u! 0 1y of t hu withia pr0- vi o l o~9 , t h e Ct t y m1y a t its 0 '.1tion have c~ec~fic ~e r - {o r:n a :i.:C? the re for , o:-tuc f or clm:ia~cn r l1s u~ting f c.Jm s ai d !>CC '1C h. ~ Ru le s and Re ;;ul a t i ons That :he City \later and s e ~wcr Oo a rd may make such a ddi tional rule s and r~1::1lations as may be re as onably inten,!e d t a a c coo;,lish the a bov• and forc ~oing co,cain~j i n :c c t i o n 3 .1 -3 , ~u: not inco~sistent with ~he p~~v ir i o ,~ t h er~of . Introduced , r ead in f u 1 1 and p ass E. ~ o r1 l :. ·:.-. t. re .1:Ji:13 on the <I '~-day of '~ ->' ,\:: , l971 . Publi e !lc~ ar. a 3 il l for n:, Ord in a n c e on the _ _,t'--•-i_. _ _.;d a y <. ~ ..._ .. ·--Y 1 197 '). ~e,1,1 :iy ,lt·',e and pas se d on fl ·rn l re a d ing on the d a y o f -'-' -:r: 1', 71 . -1- • I • • In n - ( • • • • • • :'ub l isherl oy tlcle a s Or d tncnce ~o . :' I , ~cries of l'H 'l , on the :,~ d a y of --'·, __ .... ____ , 197 0 . Mayor Attest: ex officio Ci ty Cle rk I, Stephen A. Ly o~, do he r e by cer tify that the n ~o ve and foregoing is a true, c ccurate c~d c c::,~l cte copy o f c~ Ordtn.:.~ce passed otfinal read i ng c~d oubl 1 6hcd by title as Ordin11..~ce Xo. ?,. I , ,;ertes o f 1970. Attest: ex officio City Clerk -3- • I • • In n • • ( \ • ·:.1t ional i.nstill1Le of :·.micipa l 1 .• ,w Ji 1 d. <·rs 339 Scvcn·0~nth trccL , N.W. \foshingLon , D. C . 2000 6 G~n t lt.:HH?n: • • • The Cit/ of r.nr,l c,,.:oo d, Colo r .Jdo h~reby .1 Laches i ts chc·ck in I he 1 .ount of $2 , )00 b 1sei..l < n population forr:-.l!la pay:1~lc Trust Fund co be placed i n tl1c NT ~LO Tr u ~L Fund for Lise [or the e xpens e s , l egal fees , nconomists ;1nd oth·r c~rcrts o! the liti - g a tion a ttac kin g the c o n sti t ution ality o ( the FL:J.;.:r.il Lnl, ?loy:-:l!n t Compen s a tio n Arncnd;ril:nLs , Pub . L. ::o. 94-566 Jnd Acts ;-,i1dl.! <.t?i li - cablc against State s , C i t i es n d Co n t ics . l n add i ti o n , t h e Ci ty o[ Eng l ewoo d a t ach e s a s~orn affida vi t of i ts c hi ef financial of f icer c er ti f y i ng as o his es imate o f th e c os o f t hi s ta x to the CiLy o( Englewoo d . If consid e r e d nec e ssa r y b y couns el, the Sta c . City or County agr ees that his fin anc i a l offi c e r wil l come an d ac as ~ wi t ness a t the pr e l im i na r y i nju11ction hearing expected t o be held i n Washi n g - ton, D. C . seek in g a slay of the I cts pc:nde:nLe l ite du ri ng t he mo r e t h an t~o yea r s the case is expected to be i n the Cour t s be f o re f i n a lly being decided by he U. S. Supreme Cou rt . is ag r eed hat unL i l he LoLal s m of $300 ,000 l s paid into his :n!-:1.0 Trus Fund for thC' Federal L:nemp l oyme nt CoMpcnsa ten Tax litigation . 1 he con~r itutional chal l eng e to he Ac swill no be filed, and hat if he Lotal sum o f $300,000 is no pnid in~o :he :'\.md on or r'<'ior1• ·• y 15, 1°77, all tonies !"on ... ·ardcd \...'il 1 l.:-e '!""c:.urned o the S• 1 .. cs, Ci.:.ics or Co•.1nties signing his arrc~~en • ~~~ ~~~ :i·tt~·ic~ will ~o~ be filed as con~emplatc<l by this ~&~~c~ nt . Ci• of En~l~wood, Co l orado Andy ::ccu,..,,1, City :-:.in.,bc r 3400 So·,• h El.it i SLrcc t Encl~wuod , Colorn<lo 801 10 (303 ) 76 1-11~0 Ext. 200 • 6 A I • • Ir:, - ( • • ( NTlll,,,OPPICI MIHoaANDUM • • • 6 8 . TOr Andy Mccown ' City fvanager DA'lli May 11 , 1977 PIOM: Richard A. Lorig, Persmnel Director SU&11CT1 Pension Refund • As you know, May 27th will be ll\Y actual last working day for the City of Englewood . After that date I will be taking ll\Y accumulated vacation tirre . With the aroount of things that have to be done in reganl to the change in position , I am requesting your he lp in the matter of ll\Y ICMA-RC contributions . I would like for you to request from the City Co uncil their approval to have ~ to rre t he roonies currently accumulated in individual ns 10!. J:1JruL The City of M=sa does no a ord ire portability of ll\Y current ICMA acco 1-and I will have to f?}:) under a statutory pension program. I would hope that with your he p you would be able to have the Council approve this return as soon as possi e s ince ICMA takes two to three months a ~er a request is received to accumulate all tne necessary records . Would you please also extend to the City Council on lT\Y behalf lT\Y heartfelt thanks fo r the opportunity to spend t h e l ast three and a half years working for the City o f Englewood. 1 will sincerely miss all t he many fine associations that I have had with this col1illUl1 ity and with the many residents that I have corre in contact with . If there is any problem in regard to the pension fund return , p lease let rre know . 'lhank you for your assistance . Sincerely, (\) -/' (Q :( . .. I,,..,<. c-t~,-v .. ~<= Ric hard A. Lo ig · ] Personnel Director RAL/km • • I • • n - ( ( • • • • 6 C MEMORANDUM TO: FROM: Mayor and Members of Englewo od City Council Andy Mccown, City Manager DATE: May 9, 1977 SUBJECT: POLICE TRAINING PROGRAM Enclosed for your review and information is the training program for 1977 for the Police Department. Funds are budgeted in the Department budget under Educational, Promotional Services and Overtime. There are two specific out-of-state trips listed as part of the program for which Council's approval is needed. On Page 2 of the detailed report, under Section II B -Police Officer Survival Course, is listed a trip to Northwestern University in Evanston, Illinois, for one officer. Also on Page 4, Section III E --F. B. I. Retraining, is listed a course for two Captains in Cheyenne, Wyoming. I believe this to be a very comprehensive training program and would urge your approval. ph cc: Chief Robert Holmes, Police Department Hugh Brown, Administrative Ass istant I • • I . ( • • • • ENG LEWOOD POLICE DEPAR TMENT TRAINING PROPOS AL 19 77 TRA ININ G REQU IREMEN TS Rec ruit training i s a mandatory requireme nt es ta b li s hed by Co lorado s tate l aw and r eq uires that every pe a ce o ffice r be ce rtifi ed a s hav i ng met th e minimum s tandards within on e yea r from t he initi a l da t e o f em ploy rre nt. This training consists of tw o hun d re d (200 ) ho urs o f f o rmal class r oom training, twenty -tour (24) hours o t first ai d t r a i ning , and forty (40) hours of in-service trainin g , o r a tota l ot tw o h und r ed sixty-tou r (264) ho urs ot combine d training . Thi s training mu s t be rece ived at an acc r edi t ed po l ice academy . Eng lewoo d Pol ice Department recruit tra ining has been provided by the Co lorado Law Enf o rcement Trainin g Academy and the Re g iona l Law En f o r ce- ment Association Tr aining Acad e my . Both o f these schoo l s a r e a vai I abl e pe r iodically th roughout th e year and a r e provide d on a firs t corre f i r st se rve d basis , but gene r al l y I imi t t he number of s tudents from one a ge ncy to one or two pe r class . The cost to prov i de thi s trainin g is i45 .00 per stude nt at C.L.E .T.A. and $65 .00 per student at R.L.E.A. Ro i I cal I traini ng i s a continu i ng process and involves no ex penditu r es , but due t o the short ti me (1 5 minutes) and the ne ce s sary a dministrative functi ons , the actual tirre avai I able for training purpo s e s i s ve ry I i ited a~d genera lly consi s ts o f s ho rt ti lms , video tapes, and dis c uss i ons on polic i es , proce dures , a nd directives . Ongoing ski Ii tra inin g is ne c Pssary in firearms proficiency , ph ys ical se lf-defense and c ondit i onin g , pursuit driving and de fensive driving . This type ot training mus t be p rovided , not on l y tor the safe ty o f th e officer , but also t o protect the city against su it s for damages resultin g from th e actions ot inadeq uate l y trained o ffi cers . Firea r ms profi c iency t r ain in g insures that a l I commis s i oned office r s are sched uled o n a reg ul a r basis to shoot a time and e ndu r a nce cou r se ; to achieve and maintain a qua l ityi ng sco re , to r ece i ve supervisi o n and personal instru ction in th e handling and use ot fire a r ms , an d t o provi de the ran ge o ffi ce r the opportunity to inspect a l I we apons tor s afe t y and ope rati ng co nd ition. This training is fully documented an d be comes a pa rt of each office r's training file. Physica l self-defense and conditioning training is ne ce s s ary t o i ns ure an acceptab l e leve l of physical agility, stam in a , stren gth , we i gh t , a nd defensive ski I I s . Good physical condi ti o ni ng re s ults in offi ce r co nfi de nce which enab l es h im to better protect the cit iz en a s we l I as hims e lf. Th i s a I so great I y r ed uces the prob ab i I i ty of injury to the office r a nd pre ve nts unnecessary injuries to an arrestee. I • • ( ( ( • II. • • - -2- Driver trainin g in the areas o f pursuit and de f ens i ve drivi ng te ch niques is particularly approp ri ate when considering the amoun t of time and th e number of miles drive n by each o ffice r. Ha lt of th e po l ice vehicl e accidents are avoidab le and are caused by o fficer attitude , officer driving habits , and office r d i st r actions. Prope r tra ining and supe rv ision , as ex perienced in 19 76 , have r esulted in few e r accidents , f ewe r injuri es , and substantially less repair costs. TRA INING OBSTACLES 0 Th e pol i ce department must endu r e many obstacles i n deve l oping an adequate training prog r am . The avai l abi I ity of manpowe r i s the most se ri ous obstac l e in th e development of training programs . To reli e ve officers from duty l ong enough to attend a training schoo l in some cases would create a situation th a t , combined with vacation and sick l eave , could r esu lt in an insuff ic i ent numb er of personnel on duty . Therefore , training must be accom plis hed prima ril y through the uti I ization of off-duty personnel o n an ove rtime basis . 111. IN-SERV ICE TRAINING Training must be an on!=Jo ing proce ss throu ghout a policeman 's caree r in o r der f o r him to keep abreas t of t he everchangin g l aw s , po li cies , procedures , a nd l aw en f o r cement t ech niques. Thi s o ngo in g training process i s needed for o ffice r s in al I l eve ls of r espons i bi I ity with in th e department. Prop osed areas o f training for 1977 a re: 1. Cr i mi na I I aw 2 . Co nstituti ona l l aw 3. Field s urviv a l 4. New procedures and techniques IV. SPECIALIZED TRAI NING The need for specia li za ti on in law e nforcement in today's society has been c reat ed by the complexity of th e crimina l justice sys t em , as we l I as th e in c r ease of techn o logy ava i I able to t he po l i ce off i ce r . Examp l es of specia l ized expert i se are : 1. Crimina l inte l I igence 2. Forensic sciences 3. J uven i I e offenders (Chi I d ren I s Code ) 4 . Crimin al inve sti ga tions a . Assault -Rape b . Robbery C . Bu r g I ary d. Auto Theft e . Na r cotics and Dangerous Drugs The advanced training req u ired in th ese areas of specializati on i s ge nerally provided by ot her agenc i es , some of which are not avai I ab le within the State of Co lorado, • I • • n • • • • • -3- V. SUPERV I SORY-MANA GEM:N T TRAI N I NG Supervisory trainin g is an e sse ntial part of t he po l ice dep artment 's responsibi I ity in o r der to in s ure th e ne cessa ry ca ree r de ve l o pment o f personne l tor management positions at al I l eve l s . Much o f t h i s traini ng is ob tained by p r ac ti ca l expe r ience and co un s el ing wi t h i n t he depa rt ment, but thi s must be supp lemented by avai I ab l e schoo ls and semina r s . Every promoti o n to a firs t li ne sup e r v i s ory positi on req uires at leas t a tw o-w eek basi c supe rvisi on co urse and a one -w eek traffic su pe r vision co urse . All promotions t o a mi d-managment position req uire a ba si c management course and a bud ge tin g course . • I • • I r:, - I I. • • • In-Se rvi ce Traini ng • • • ENGLE WOO D POLICE DEP ARTMENT PROPOSED TRA ININ G FOR 19 77 A. Fi r e arms Trainin g (See Attachment Al 1. Dea l s with achieving and maintaini ng a qualifying sco re and being i nstructed in t he safe handlin g and use o f a firea r m. 2 . This train in g benefi ts t he city and its citizens as wel I as t he i nd iv i dua l officer. The trai ning is fo r the protect i on of t he o ffice r and t he citizen a ga in st hann , as we l I as p rote cting t he c i t y from poss i ble law suits arising from th e improper use o f a f irearm. 3 . Th e trai nin g is presente d by t he Englewood Pol ice 4 . Total manhours (63 o ffi ce rs) a . 1,582 5 . Cos t a . Mate r i a I s b . Fees an d trave l c . Overtime Tota l B. Const i tutional Law $3 ,467 .20 880 .00 4 ,000 .00 $8 ,34 7 .20 pa rt ment . 1. Deals with up da t ing and r ev i ewing the off ice r's kn owled e i n the area of const ituti ona l l aw . 2 . Th is tra in in g i s necessary in o r der to keep t he off i cer up to date with t he r ap id changes in the c r imina l justice sys t em caused by new su preme co urt decisions . Know l edge and unde r standin g o f the se decisions are imperati ve i n o rder for the of fi ce r to enfo r ce ou r l aws effect ively. This trainin g wi 11 greatly benefit the pol i ce departmen t and the ci tizens which it serves throu gh effective l aw enforcemen t . 3. The t ra i n i n g i s presented by t he Engle woo d Pol ice Department 4 . To t al man hou rs (63 officers) a . 1,008 5. Cost • a . Inst r uctor $ 500 .00 b. Overtime $4000 .00 Total $4500 .00 • I • • In I • ( • • • -2 - C. Roi I Cal I Train in g 1. Dea l s with t he viewing of s hort training ti l ms and vi deo tapes , and discuss i ons on po li c i es , proced ures , and d irec tive s . 2. Thi s t rainin g i s p r esented by the Eng l ewood Pol ice Depa r tment . 3 . Tota l ma n hours a . 3 , 180 4 . Cost a. None I I . Specia li zed Traini n g A. Co l o ra do Law Enfo rcement Train i ng Academy 1. Several specia li zed trainin g cours es are be in g offe r ed by t his training acaaemy . Thirteen (13) o ffi ce r s will attend nine (9 ) of these courses throughout 1977 . 2 . Total manhours a. 572 3 . Cost a . Tuition -$430 .00 B . Pol ice Offi ce r Su rvival Co urse 1. This course deals with field problems encounte red by the po l ice o fficer in the pe r formance of h i s du ti es . 2 . The course i s presented by North weste rn Un ive rsity and will be attended by one ( 1 l off i ce r. Thi s off i ce r in turn wi II instruct other Eng l ewood pol i ce of fice r s. 3 . To tal man ho urs a . 40 4 . Cost a. Tuiti o n 180 .00 b • Trave I $45 0 .00 Total $630 .00 • I • • _'.:l I r • ( • • • -3- I I I. Supervi so ry Trainin g A. Colorado Law Enforceme nt Trainin g Academy 1. Se veral superv isi on and ma na gemen t course s are be ing ottered by this academy. Three (3 ) command g ro up office r s wi 11 attend three (3) o t these courses thro ugho ut 19 77 . 2 . Tota l manhour s a . 144 3 . Cost a . Tui t ion -$125 .00 B. Managemen t Tr aining 1. The course deals with mana gemen t by o bje ctives , de ci sion maki ng , budget analysis and corrrnunication. 2 . The course is p resente d by Denve r Un i versity an d wi 11 be attended by two (2 ) cap t a in s and one (1) I ieutenant . 3 . Total man hou r s a . 90 4. Cost a . Tuition -$240 .00 C, Supervision of Po l ice Personnel 1. The course deals with the abi l ity to provide l eadershi p , corrrnunicate ideas , and d irect and eva l uat e personnel. This course concen trates on the ro l e of supe r vis i on i n the management p rocess -p l anning , re portin g , im provin g , directing and eva l ua ti ng . The cou r se t eaches by means of p roblem so lvin g case s tudi es , practical expe ri e nce in decision making , and participation in simul ated post e valuation in t e rvi e ws. 2 . The cou r se is prese nted by Nort hweste r n Univers ity (c l asses he l d at D.U.). Two (2 ) se r gean t s wi I I attend the cou r s e. 3 . Total manhou r s a . 160 4 . Cost a. Tuition -$600.00 • I • ( • • • -4- D. Police Ci vi l Liab il ity and tense o Citizen Misconduct Comp l aints 1 . This co ur se i s sponsored by the AELE La~, Enfo rcem ent Ci vi I Defense Cen ter . The AE LE has assembled an exce l lent facu lt y to present a se lected cu rr iculum of new methods of prevention and defense of professi o nal lia bility lawsuits . 2 . The course i s p resented by AELE and wi I I be held in San Franc i sco . The Chi ef of Po l ice wi 11 attend. 3 . Total manhou r s a . 32 4 . Cos t a . Tu i t io n , trave l and lodgin g -$700.00 E. F.B.I. Retrainin g 1. The course deals with reviewing past training and e in g trained in ne w procedures and techniques. This training is beneficial I n that it assists the pol ice department in keep i ng in tune wit h the cu rre nt trends in l aw enforcement . 2 . The cou rs e is presented by the F .B.I., and two (2) captains wil l attend the course which wi I I be presented in two segments; one in Dur ang o, Colorado, th e othe r in Cheye nn e , ·/yoming . 3 . To t a l manhours a . 128 4 . Cost -$600.00 F. St r ess Management Traini ng 1. The course deals wi t h ways in which po l i ce office r s as wel I as the pol ice department adminis trati on can dea l with the problems of stress . The problem of st r ess o n both the officer and his fa mily has a gredt effect on the office r's productivity and e rror rate which cou l d resu l t in monetary loss to the ci ty; i.e., lost court cases , civi I suits , etc . 2 . The cou r se w i I I be presented by an instructor who is an expert in the field o f stress management , and five (5) command staff officers wi 11 attend t he course . 3. Total manhours a . 120 • I • • • • • • • -5- 4 . Cost a . $800 .00 IV. Trave l and Conferences A. International Association o f Chiefs o f Pol ice Conference 1. The conference is presented by the I .A.C.P . in Los Angeles , Ca li fo rn ia , and wi 11 be attended by the Chie f of Po l i ce . 2 . Tot a l manhours a . 40 3. Cost a . $500 .00 B. Co l o r ado Associati on of Chief s of Po l ice Co nference 1. The con f e r ence i s presented by the C.A.C.P. and wi I I be he l d at a n in-state locati o n . The confe r e nce wi 11 be attended by the Ch i e f of Po l ice. 2 . To t a l ma nhou r s a . 24 3. Cost a . $200 .00 C. Denver Robbe ry /Int e l I i gence Group Midwestern Conference 1. The confe r ence i s p resented by the nver Pol ice Depa r tment an d wi I I be he l d in an i n-s tate location . The confe r ence wi I I be attended by two (2 ) in vestigators . 2 . Tota l manhours a . 48 3 . Cost a . $11 0 .00 0 . Co lorado Law Enfo r cement Office r s ' Association Meetings 1. The tou r quarte rly meetings wi I I be presented by the C.L.E .O.A . and one (1) I ieutenant wi I I a tten d each of the meetin gs . 2 . Cos t a . $500 .00 • I • • ,,,_; n • • • • • -6- E. Investi g ative Follow Up (Trave l) 1. Cost a . $ 1 , 500 . 00 V. Professional 11,'emberships A. Membership fees 1. Cost a . $434 .00 VI. Summary In-service Training Specialized Training Su pervisory Trainin g Travel and Confe r ence Profess ional Me mberships To t al 5 ,770 manhours 6 12 manhours 738 manhours 7 , 120 ma nh o urs $12 ,847 .20 $ 1,060 .00 $ 3 ,065 .00 $ 2 ,8 10 .00 $ 434 .00 $2 0 ,2 16 .20 *Note: $8 ,000 o f the t ota l cos t figure ref l ect s ove rtime cos t s • • I • • I Cl • • • • Attachment A FIREARMS TRAIN ING PROGRAM 1977 A. Freq uency 1. One shoot day every other mo nth . One makeup day every othe r month . B. Ma nhou r s Expended 1. Regu I a r o fficers 2 . Rese rve off i ce rs 3 . Sho t gu n trainin g 4 . S .\~.A. T. Tea m 5 . Shoot ing Team Total manhours C. Cos t 1. Ammunition a . "3-D" practice amm unition 1. 45 ,000 rounds b . Match ammunition 1. 3,600 ro un ds c . S .W.A.T . ammunition 1. 100 ea . 12 ga . so lid s I ugs 2 . 200 ea. 12 ga . #4 buck 3 . 200 ea . 308 ca l . ri f ie 4. 200 ea . 2 70 ca l. r i fie Total d. Shotgun trainin g ammuniti on 1 . 3,250 ro un ds 2. Training mat eria l s a . Pap e r targe ts b . Ca r dboa r d backings c . Cl ay t a r gets d. Mi sce llan eou s items 378 ho urs 150 ho urs 126 hou r s 128 hou r s 800 hours 1,582 ho ur s $1 ,710 .00 756 .00 $ 31 .00 $ 53 .60 $ 65 .80 $ 65 .80 $ 2 16 .20 $ 455.00 $ 80 .00 $ 30 .00 $ 130 .00 $ 90 .00 • I • • .., --n - -2- I 3. Fees and Travel (Shooting Team) a . Fees b . Travel 4 . Overtime a. Officers and inst r uctor b . S .W.A .T. Team Grand Total Fi rearms Training Program 1977 ( • • ( • • • Attachment A $ 560 .00 $ 320 .00 $3 ,360 .00 $ 640.00 $8 ,347 .2 0 I • ·• I ( • • • RESOLUTION NO.~, SERIES OF 19 77 A RESOLUTION AMENDING THE 1977 GENERAL FUND BUDG ET . 16 rJ:} / WHEREAS, the City Council of the Ci t y of En g l e wood, Co l o r a d o , has approved a 1977 General Fund Budget; a nd WHEREAS, t he City Council has author i zed the fol lowing exp end i tures : $2,500 to National Institute of Muni c ipal Law Off icers t o oppos e Se nate Bill No. 1614; $6,000 to oppose the loca tion of the car s hre dder on Wes t Oxf ord Avenue; $1,465 to Colorado Muni c ipal League to o p pose r ate inc r e a s e s pr o- posed by Mountain Be ll; and $1,4 65 t o Co l.P r ado Mu n i c ipal Lea gu e to oppose rate inc reases propose d by Public Se r v i ce Comp a ny. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The following amendment is hereby authorized i n the Gene ra l Fund : Source of Funds Fund Balalce Appropriations City Council Section 2. $11,43 0 $11,430 The City Manager and Director of Finance are hereby authorized to make the above c hanges to the 197 7 bud g et o f the City o f Eng l e wood . APPROVED AND ADOPTED this 16th d ay o f Ma y , 1977. Ma yor ATT EST: ex officio City Clerk-Treasurer I, William D. James, ex offic io City Clerk-Tre asurer o f the Ci ty o f Englewood, Colorado, do hereby certify that the above is a true , a ccurate , and complete copy of Resolution No. , Series of 1977. e x officio City Cle rk-Tr e asure r I • • • • • I . • • • • RO LL CALL Move d d Secon ed A ,ye Nay Absta n A bsent Williams Sovern Sm1th Mann Brown 1,; 1ayton Mavor 1aylor • I • • , • _ In . ~n • • ROLL CALL Moved Sec d d one Ave Nav Abstain Absent Wil 1 iams Sovern ~ smitn Mann Brown Llavton Mayor lavlor • • I . • • • • • ROLL CALL M ed S OV d d econ e A 1ye N ay Ab t i s a n Ab t sen z._.....---Wi 11 iams V <,/"' Sovern V sm1tn V ~ "' Brown V / , 1,;1ayton V Mavor 1avlor ,/ • • • I . • • • • • • - ROLL CALL Move d s d d econ e A \Ve N av Ab sta n Ab sent -Wi 11 iams 1.,,/ Sovern V ~ :>mitn P' -~ Brown V /----Clayton ,_, Ma.vor laylor t/ • • I . • • • • -• • ROLL CAL L Moved Seconded -A \ye Nay Absta n A bsent ,, Wi 11 iams I/' Sovern ,,.,. '-"" Sm1tl'1 V Mann Brown L/ .---1,;1ayton v Mavor 1avlor ,/ • • I . • • • - • • ROLL CALL • • I . • • In ,... ..... • • • ROLL CALL Move d d Secon ed A 1ve Nay Absta n A bsent Wi 11 i ams V ;,,/ Sovern v . .......-sm1tn // Mann Brown y Clayton v v Mavor Taylor V I . • • • • -• • - ROLL CALL ove s d d econ e A 1ye N ay Ab t i s a n Ab sen t ~ Wi 11 iams V' Sovern V ~ Sm1th v Mann Brown 1,/, 1.;1ayton V' ~ Mavor 1av1or v' • • I . • \ • • • • ROLL CALL ov econ e A N 1ye ay Ab t i s a n Ab sent Wi 11 iams t--" ·---Sovern L- L--Sm1th t-- Mann Hrown ~ 1.;1ayton I __,/ Mayor 1av1or ...--- • • I . • • • • - • • Moved s econded Ave Nav Abstain Absent Wi 11 iams . I/ Sovern L,., ..... ' smith v L _ ,_Mann ' ,/ lJrown v" ' I.,/"" """Clayton t7 Mayor Tav1or ,~ ~((,.,-~ ~:z( Fl ~~~---- • • I . • • • • - • • Mo ed Seco ded Aye /Nay Abstain Absent Wi 11 iams ,,_ V. Sovern ~ :>m1th ....,,, ·-;- Mann .,,-- Brown -v- (;Jayton -......-----~ Mayor 1ay1or ,, • • I . • • • • - • • - ROLL CALL • I • • • -• • ROLL CALL M d S ove d d econ e A 1ye N ay Abt i s a n Ab t sen Wi 11 iams Sovern Sm1th Mann Brown 1;1ayton Mayor Taylor • I • • •