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HomeMy WebLinkAbout1977-05-02 (Regular) Meeting Agenda• 0 CITY COUNCIL MEE T ING -Hay 2 , 1977 Re gula r • • • THE • • • AG ENDA FOR THE REGULAR MEETI NG OF ENGLEWOOD CITY COUNCIL MAY 2 , 1977 7 :30 P.M. Call to order, invocation by Reverend Helen Walker, Esoteric Tr uth Center, 130 East Girard Avenue , pledge of allegiance by Bo y Scout Troop #154, and roll call. 1 . Minutes . A(f/l.ou e.cJ (a) Minutes of the regular meeting of April 18 , 1977 . (Copies enclosed.) ~p p/UJ d C,4y 11 s I ruA-y 2. Pre-Schedul ed Visitors. (a) Mr. Thomas Nelson, representing King Soopers, 5050 South Federal Blvd ., will be present to request approval for remodeling. (Copies enclosed .) 1 / l(ay Lw.J 1v :'f -,Htfc, St::~- 3. Public Hearing . (a) To consider a spec ial events permit for 3.2 beer for All Souls Catholic Church, 4951 South Lo g an S t ree t. (Copies enclosed.) 4. Communica tions -No Action Recommended. (a) Mi nute s of the Police Pension Board meeting of March 31, April 8 and 2 6, 1977. (Copies enclo sed.) (b) Minutes of the Planning and Zoning Commission meeting of April 5, 1977. (Copies enclosed .) (c) Mi nu tes of the Library Board meeting of April 12, 1977. (Copies enclosed.) (d) Minutes of the Firemen's Pension Board meeting of April 14, 1977. (Copies enclosed .) (e) Minutes of the Parks and Recreation Commis- sion meeting of April 14, 1977 . (Copies en clo sed .) • I • • ( • • • Page 2 May 2, 1977 Agenda 5. Communica t ion -Action Recommen ded. (a) Minutes of the Water and Sewer Board meeting of Ap ril 19, 1977 with the fol- lowing recommendations : Con cerning extension of lease/ purchase agreement wi th Coors over Boreas Pass water rig hts ; Concerning Supplement #8 to the Greenbelt Sanitation District Connector Agreement; A(Jt7lltfi'~d (iii) Con cerning Supplement ff 53 to So u thgate Sanitation District Conne ctor Agreement; 14--~,/l.~v~d.. (iv) Conc erning Su pplement #1 t o Cherry Hills Village Sanitation District Connector Ag reement ; ~l"/Z~;,,.,, ~ (v) Conc erning wat er distributor con- tract with Winde rmere Water Users' Association; (vi) Concerning tap-on agreement with Valley Sanitation District; and (vii) Concerning Alternate #2 in the Water Imp r ovement Program. (Copies enclosed .) (b) Minutes of the Boa rd of Career Service Com- missioners meetin g of April 21 , 1977 with the foll ow i ng Resolution s : (i) Resolution to change the posi tion of Assistant Director of Community Development for Code Enforcement to the Position entitled Chief Buildi n g Inspector and reclass i f y the position from Grade 11 to Grade 10. P-ffl/UI ,/ ~c1 (ii) Resolution to remove the position of Engineering Aide III from the classifi- cation system and add the position of Engineering Inspection Supervisor to the present classification system. l? C 5 . .J_ 7 A(/fl.OiJ..i, ,J._ (iii) Resolution to remove the position of Field Engineer from the classification system and add the position of City Surveyor t o the classification system. (Copies enclosed.) • I • • ( • • • • • • Page 3 May 2, 1977 Agenda 6. Communica t ions -Action Recommended (Continued). (c) Request for a 3.2 beer license renewal for Seven-Eleven Store, 2705 South Broadway. (Coun cil action request form enclosed.) City Attorney. Ordinance on Final Reading. Ordinance approving a utility eas emen t from the City o f Englewood to the Englewood Housing Authority. (Copies enclosed.) Bill s for an Ordinan ce. Bill approving an agreement between the Cities of Engl ewood and Littleton relating to order ly transfer of Englewood and Little- ton employees to Bi-City Wastewater Treat- ment Facility . (Copies enclose d .) Bill relating to the turning movements of vehicles on steady red light. (Copies enclosed.) Bill authori zing the issuance of special assessment bonds of the City of Englewood for Paving District No. 24, for the con- struction 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. (Copies enclosed.) Resolutions. (e) Resolution authorizing the issuance of special assessment bonds of the City of Englewood for Paving District No. 24. (Copies enclosed .) (f) Resolution confirming use of equipment at the Bi-City Waste Water Treatment Plant. (Copies enclosed .) Other Matters. (g) Report concerning the City of Englewood vs. Kenneth C. Chandler d/b/a Back Door Liquors . (Copies enclosed.) Report concerning Broderick Lumber vs . the City of Englewood. • I • • n " n - • • • • • • Page 4 May 2, 1977 Agenda City Attorney (Continued). (i) Report concerning Thurston vs. the Cit y of Englewood. (j) Attorney's Choice. 7. City Manager (a) Memorandum from the City Manager concerning utilization of the DRCOG staff providing a market analysis of a block owned by the City bordered by Acoma, Bannock, Girard, and Floyd Streets. (Copies enclosed.) (b) Manager's Choice. 8. Visitors. 9. General Discussion. (a) Mayor's Choice. (b) Councilman's Choice. 10. Adjournment. a~:J~L- AND MCCOWN Cit Manager I • • • • ( • R1:GULAR MEETING : • • • COUNCIL CliAMBER S CITY OF ENGLEWOOD , COLORADO April 1 8 , 1977 The City Council of t he City of Englewood , Arapahoe County , Colorado , me t in regular session on April 18 , 1977 a t 7 :30 p .m. Mayor Taylor, presiding , called the meeting t o order . The invocation was given by Reverend Ke ith Mer riman , Emmanuel United Methodist Church , 2700 South Downi ng Street . Th e Pledg e of Allegiance was led by Boy Scout Troo p #9 2 . May or Taylor asked for roll call . Upon the call o f the r oll , the following were present: Council Member s Williams , Sovern , Smith , Brown , Man n , Clayt on , and Mayo r Taylor. Absent: None. The Mayor declared a quo rum present . Als o present were: City Manager Mcco wn Administrative Assistant Brown City Att orney Berardini Director of Communi ty Development Wanush Director o f Parks & Recreation Romans Di rector o f Finance/City Clerk James Deputy City Clerk Varner ******* CO UNCILMAN MANN MOVED TO ACCE PT THE MINUTE S OF THE REGULA R CITY COUNCIL MEETING OF APRIL 4 , 1977 . Counc ilman Sovern seconded the moti on . Upon a call of the r oll , the vote resulted as f ollows : Ayes: Council Members Williams , So vern , Sm ith, Mann , Clayton , Tay lor . Nays: None . Abstain: Council Member Brown . The May or declared the mo tio n c arried . * * * * * * * Mrs . Lynn Nold , President , and Mrs . Wilmajean Co ates , Secretary , fr om t he LittleWood Chapter o f the Nationa l Secretary Association, we re present . Mayor Taylor presented them with a proclamation declaring t he week o f April 24 -30 , 197 7 , as "Secretaries Week" i'l the City of Englewood • I • • n • • • • • April 18 , 1977 Pag e 2 CO UNCILMAN SOVERN MOVED TO PASS A PROCLAMATION DECLARIN G THE WEEK CF APRIL 24 -30 , 1977 , AS "SECRETARIES WEEK ". Councilman Mann seconded the mot i o n . Upon a call o f the r oll , the vote resulted as follows: Taylor . Ayes : Co uncil Members Williams , Sovern , Smith , Brown , Mann, Clayton , Nays : None . The Mayor declared the motion carried . audi ence . Ly nn Nold thanked City Council and introduced secretaries in the * * * * * * * Pre-Scheduled Visit or Jim Walsch , 3242 South Elati Street , was not pre ent . City Manager McC own no ted there had been no further correspondence o r d iscussi o n with Mr . Walsch since he was scheduled on the agenda . * * * * * * * Bill Clayton , Jr ., 958 East Cornell Avenue , was present to discuss the installation o f water meters in the City . Mr. Clayton stated that if water meters are a good i.dea they should be required of all homes rath er than Just those with owner /occupant change . He also stated that the cost s t o change t o meters are unreasonably high and do nothing exc ept lower o ur standard of living at a higher cost , Mr . Clayton suggested using reaso nab le watering restrictions a nd an education program to achieve reduced city-wide water useage . ******* "Communications -No Action Rec ommended " o n the agenda wer e re ceived : (a) Minutes of the Englewood Housing Authority meetings of Janua ry 25 and March 16 , 1977 . (b) Minutes of the Denver Regional Council of Gov ernments meeting o f March 16 , 1977 , (c) Minutes of the Planning and Zoning Commiss ion meeting o f March 22 , 1977 , (d) Minutes of the Board o f Career Service Commiss i oners meeting o f' March 24 , 1977 , (e) Memorandum from the Director of Communi ty Development to the City Manager concerning the automob i l e shredder . (f) Financial Report for the month of March 1977 , ******* • I • • "" ·I - • ( • April 18 , 1977 Pa ge 3 - Director of Community Developme nt Wanus h presented a recomm e ndation f r om the Planning and Zoning Commissi on for approval of the prop ose d amendments t o the Automobile Wre c king Yard /Junk Yard Ordinance as set f orth in the draft dated March 28 , 1977 . Mr . Wanush reviewe d these proposed amen dm e nt s . COUNCILMAN SMITH MOVED TO ACCEPT THE RECOMMENDATI ON FROM TH PLA ING AND ZONING COMMISSION AND TO DIRECT THE CITY ATTORNEY TO DRAW UP Ari ORDINANCE WITH THE PROPOSED AMENDMEN TS . Councilman Mann seconded the moti on . Up on a call of the r oll, t he v ote resulted as f ollows: Ay es: Council Members Wil l iams , Sovern , Smith , Br own , Ma nn , Clayton , Taylor . Nays: No ne . The May or declar ed the moti on c arri e d . ****"'** Director o f Co mmunity Deve lopment Wanush resen ed a re commendati on from the Planning and Zoning Commissi on f o r a pp r oval of he Findi ngs of Fact o n the Hampden Pr o fessi onal Park Subdivis ion , Cas e 31-76 , as amended . COUNCILMAN MANN MOVED TO RECEIVE THE FI!DINGS OF FACT FOR THE HAMPDEN PROFESSIONAL PARK SUBDIV I SION , CA SE 31-76 . Co un c i lm an Smith seconde d the motion . Up on a call o f the r oll , the vo te r esulte d as follows : Ayes: Co uncil Members Williams , So vern , Sm i th , Br own , Mann , Cl ay t on , Taylor. Nay s : None . Th e May o r declared the moti on carried . * * * * * * * Director o f Community Development Wanush p resented a r ecomme ndati on from the Planning and Zoning Commission f or considerati on of alte r na t ive solutions t o the auto shredding operati on on Wes t Oxfor d Avenue . Mr . Wanus h reviewed these alternatives • COUNCILMAN MANN MOVED TO ACCEPT THE RECO MMEN DATION FROM THE PL/IJrNING AND ZONING COMMIS SION CONCERNING ALTERNATIVE S TO THE AU TO SHREDDING OPERATION . Councilman Br own sec onded the motion . May or Protem Clayton expressed c oncern with Al ternat i ve #3 --"That an effort be made to locate funds t o reimburse De nver Metals f or th e ir unrec overable c osts expended in the c onstruction o f the Ox fo rd Avenue site ." Co uncilman Sove rn suggested adding the words "o ther than public funds ". COUNCI LMAN CLAYTON MOVED TO AMEND THE MOTION TO REC EIVE RATHE R THAN ACCEPT THIS RECOMMENDATION . Councilman Williams se c onded the moti on . Upon a call of the r oll , the vote resulted as f ollows : • I • • n • • • April 18 , 1977 Paget. • - Ayes: Co uncil Members Williams , Brown , Clayton . Nays: Co uncil Members Sovern , Smith , Man n, Taylor . The May or declared t he motion defeated . COUNC ILMAN CLAYTO N MOVED TO AMEND THE MOTION TO REFER THIS RECOMMENDA - TION BA CK TO THE PLANNING AND ZONING COMMISSION FOR FURTHER DISCUSSION . Co uncil- man Wi lliams seconded the motion . Upon a call of the roll , the vote res ulted as follows: Ayes: Counci l Members Williams , Brown , Clayt on . Nays : Co uncil Members Sovern , Smith , Man n , Taylor . The May or declared the motion defeated . Upon a call of the r oll , the v ote on the o rigi nal motion r esult e d as follows: Ayes : Council Members Sov ern , Smith , Mann , Taylor. Nays: Council Members Williams , Brown , Clayton . The Mayor declared the motion carried . * * * * * * * City Manager McC own presented a r ecommendatio n from t he Parks and Recr eation Commission for approval of' the appointment of Ha r old Rust and Blanche arvey to the Senior Citizen Advisory Comm ittee to bring the membership t o fifteen as specified in Section III of t he Organi zat i on a nd Pr ocedures . COUNCILMAN CLAYTON MOVED TO APPROVE THIS RECOMMENDATI ON FR OM THE PAR KS AND RECREATION COMMISSION . Councilman Brown seconded t he moti on . Up on a call of the r oll , the vote r e sulted as follows : Ayes : Council Members Williams , Sovern , Sm ith , Brown , Mann , Clayton , Taylor . Nays : None • The May or declared the motion carried . ******* City Manager Mccown presented an appl i cation from All So ul s Catho lic Chur ch for a Spec ial Events Permit-3 .2 Beer to be he ld on May 21 , 1 97 7 f r om 1 :00 p .m. t o 11 :00 p .m. and May 22 , 1977 from 1 :00 p .m. t o 11 :00 p .m. at 951 South Pennsylvania and 4900 South Logan. COU GILMA N WILLIAMS MOVED TO SET A PUBLIC HEA RING FOR THE RE GULAR CITY COUNCIL MEETING OF MAY 2 , 1977 FOR THIS SPECIAL EVENTS PERMIT APP LIC ATI ON. Coun cilman Clayton seconded the motion . • I • • • ( • • • April 18 , 1977 Page 5 Sam Kosiara , 660 East Grant Avenue, appeared representing All Souls Catholic Church . He state d this event is to raise money for the parish, and they wi ll be serving 3 .2 beer with sandwiches . Mr . Ko siara also noted that question #9 on the application should be corrected to read "no". Upon a call of the r oll , the vote resulted as follows : Ayes : Council Memb ers Williams , Sovern, Smith , Br own , Mann , Clayton , Taylor . Nays : None . The Mayor declared the moti o n carried . * * * * * * * City Manager Mcc own presented a memo randum f r om the Chief o f Po lice requesting approval t o attend a wo rkshop c onduc ted by the Law Enforcement Le gal Defense Center re garding police civil liability and the defense of citizen misc onduct complaints t o be held in San Francisco on May 23-25 , 1977 . COUNCILMAN CLAYTON MOVED TO APPR OVE THIS RE QUEST FROM THE CHIEF OF POLICE TO ATI'END THE OUT-OF-STATE WORKS HOP IN SAN FRANCISCO ON MAY 23 -25 , 1977, Councilman Williams sec o nded the motion . Upon a call of the r oll , the vote res ulted as f ollows: Ay es: Council Members Wi lliams , Sovern, Smith, Brown , Mann , Clayton , Taylo r, Nays : None . The Mayor declared the mo ti on carried . * * * * * * * City Mana ge r McCown presented an amendment to the agreement with the State Division of Parks and Outdoor Recreation c o ncerning Riverside Park , Pr o ject 08 -00544 , for receipt of an additional $94 ,000 . COUNCILMAN SMITH MOVED TO AUTHORIZE THE MAY OR TO SIGN THIS AMENDMENT BETWEEN THE CITY AND THE STATE . Co uncilman Sov ern second e d the mo tion . Up o n a call of the r oll , the vote r esul ted as f ollows: Ayes : Council Members Williams , Sovern , Smith , Brown , 4an n , Clayt on , Taylor . Nays: None . The May o r declared the moti o n carried. * * * * * * * • I • • • • • • • April l8 , l977 Page 6 City Manager Mccown presented a memorandum c oncerning vacancies on t he Planning and Zoning Commission and the Library Board as a result of the res ignations of George Jor genson and Alfred Q aintance . COUNCILMAN CLAYTON MOVED TO APPOINT BEVERLY SIMON TO FILL THE UNEXPlRED TERM ON THE LIBRARY BOARD CREATED BY THE RESIGNATION OF ALFRED UAINTANCE . Councilman Smi th seconded the moti on . Upon a call of the roll , the vote resulted as follows: Taylor . Ayes : Council Members Williams , Sove rn , Sm ith , Bro wn , Mann, Cleyton , Nays: None . The Mayor declared the motion carried . COUNCILMAN CLAYTON MOVED TO SEDA LETI'ER SIGNED BY THE MAYOR TO ALFRED QUA INTANCE THAJ~KING HIM FOR HIS SERVICE TO THE COMMUNITY . Councilman Brown seconded the motion . Upon a call o f the roll , the vote resulte d a s follows : Taylor . Ayes : Co uncil Members Williams, Sovern , Smith, Br own, Mann, Clayt on , Nay s : None . The May or declared the motion carried . COUNCILMAN MANN MOVED TO FILL THE POSITION ON THE PLANNING AND ZONING COMMISSION BY MARTEN LATHR OP EFFECTIVE MAY 1 , 1977 CREATED BY THE RESIGNATIO OF GEORGE JORGl:.NSON . Coun cilman Clayton seconded the moti on . Up on a call of the r oll , the vote resulted as follows: Taylor . Ayes: Co uncil Members Willi am s, Sovern , Smith , Brown , Mann , Cleyt on , Nays : No ne . Th e May or declared the motion carried . COUNCILMA1 SOVER N MOVED TO SEND A LETTER SIGNED BY THE MAYOR TO GE ORGE JORGE SON THAJ,JCING HIM FOR HIS SER VICE TO THE COMMUNITY . Coun cilman Williams seconded the motion . Upon a call of the roll , the vote resulted as follows : Taylo r . Ayes: Council Members Williams , Sovern , Smith , Brown , Mann , Cleyton , Nays : None . The Mayor declared the motion carried . * * * * * * * • I • • In n • Ap ril 18 , 1977 Page 7 INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO . 8 SERIES OF 1977 • - AN ORD INANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 30 , INCLUSIVE , ARTICLES I AND II , CHAPTER 8 , TITLE I II , OF THE 1969 ENGLEWO OD MUNICIPAL CODE ENTITLED "MOVING AND WRE CKI NG ". COUNCILMAN SMITH MOVED TO PA SS ORDINANCE NO. 8 , SERIES OF 1977 , ON FINAL READING . Councilman Sovern seco nded the motion . Upon a call o f the r oll , the vote r esulted as f ollows : Ayes : Council Members Williams , Sovern , Smith , Br own , Mann , Clayton , Taylo r. Nays: No ne. The May or declared the motion carried . * * * * * * * INTRODU CED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE APPR OVI NG A UTILIT Y EASEMENT FR OM THE CITY OF ENGLEWOOD , COLORADO , TO THE ENGLEWOO D HOUSING AUTHORITY . COUNCILMAN MANN MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE APPROVIN G A UTILITY EASEMENT FR OM THE CITY OF ENGLEWOOD , COLORADO , TO THE ENG LEWOOD HOUSI NG AUTHORITY . Councilman Williams seconded t h e mo tion . Upon a call o f the r oll , the vo te resulted as follows: Ayes : Council Members Williams , Sove rn , Smith , Brown , Mann , Clayton , Tayl or . Nays : No ne . The Mayor declared the motion carried . * * * * * * * RESOLUTION NO . 23 , SERIES OF 1977 A RE SO LUTI ON OPPOSING THE ISSUANCE OF A CERTIFICATE OF DESIGNATION FROM TH E ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS FOR THE PR OPOSED IN STALLATI ON OF THE AUTOMOBILE SHREDDING OPERATION IN ARAPAHOE CO UNTY ON A SITE SOUTH OF WEST OXFORD AVENUE AND EA ST OF THE SOUTH PLA'ITE RIVER . COUNCILMAN BROWN MOVED TO PASS RESOLUTION NO . 23 , SER IE S OF 1977 . Councilman Williams sec onded the motion . Upon a call o f t he r oll , the vote resulted as f ollows: • I • • • • - Ap ril 18 , 1977 Page 8 Taylor . Ayes : Co uncil Members Willi ams , Sovern , Smith , Brown , Ma nn, Clayton , Nays: None . Th e Mayor d e clared the mo ti on carried . * * * * * * * City Attorney Berardini reported that the Colorado Court of App eals held a pre-trial conference on April 18 , 1 977 concerning Bac k Doo r Discount Liquors , 5450 South Br oadway . A written repo r t will follow regarding the action of the court . Ass i stant. re reat . and fe r a * * * * * * * City Manager McC own presented a memor andum from Adm inistrative Brown concerning available sites and c o sts fo r a City Cou nc i l Mr . Mcc own stated agendas wi ll be prepared for a one -day retreat t.hree -day retreat for Co ncil 's cons ideration . ******* City Ma nager Mccown presented a memorandum concern ing the Six-Quarter Budget for the perio d from Ap r il 1977 to September 1978 . RESOLUTION NO . 24 , SERIES OF 1977 A RESOLUTlON AMENDING THE 1977 BUDGET IN THE PUBLIC IMPROVEMENT FUND . COUNCILMAN SO VERN MOVED TO PA RESOLUTION NO . 24 , SERIES OF 977 . Cou ncilman Mann sec onded the motion . Upon a call of the r oll , th e vote resulted as follows : Taylor . Ayes : Co uncil Members Wi lliams , Sovern , Sm i t h , Br own , Mann , Clayt on, Nays : None . Th e May or declared the mot i on carried • * * * * * * * City Manager Mccown stated the City has received a letter from the Colorado Mun icipal League requesting each city 's partic ipation to intervene in the he arings before the Public Utili ties Comm issi on concerning the rate increase y Public Serv ice Compan y . COU~CILMAN CLAYTON MOVED THAT THE CITY OF ENGLEWOO D PARTICIPATE IH THIS ACTION WITH THE COLORADO MUNICIPAL LE AGUE AND APPROVE AN EXPENDITURE OF APPR OXIMATELY $1 ,462 . Co uncilman Brown seconde d the motion . Upon a call of the roll , the vote result ed as f ollows : • I • • n n • • • ,· • April 1 8 , 1 9 77 Pa ge 9 Taylor . Aye s : Co un cil Membe r s Williams , Sovern , Smith , Brown , Mann , Clayton , Nays: None. The Ma yor declare d the motion carried . * * * * * * * Larry Nowacki, 701 West Hampde n Avenue, appe are d b e for e City Council conc erning the car shredder operati on . Mr. Nowack i sugge sted t hat t he City co nsider t he feasibility of hiring a real e s tat e appraiser to est im ate the dec reas e in property values in t he surrounding area if the car shredder i s put i n o perati on. * * * * * * * Jerry DeHoff, 319 5 1 /2 South Delaware , appeared and stated this wa s a ve ry well-c o nducted City Council meeting . * * * * * * * COUNCILMAN WILLI AMS MOVED TO ADJOURN THE CITY COUNCIL MEETING . Councilman So vern s eco nded the mo t ion. Upon a call o f the r oll , the vote resulted as f o llows: Taylor . Ayes : Council Member s Wi l liams, So ve r n , Smith , Brown , Mann , Clayton , Nays: None . The May o r dec l ared the motion c a rri ed , and the meeting was adj ourned at 8 :57 p.m. City Cler k • I • • • REGULAR MEETING: - COUNCIL Cl:iAMBERS CITY OF ENGLEWOOD , COLORADO Apr il 1 8 , 1977 The City Counci l o f the City of Englew ood , Arapahoe Co unty , Col o rado , met in regular sessio n on April 18 , 1977 a t 7 :30 p .m. May or Taylor , presiding , called the me eting t o o rder . The invocatio n was g iven by Reverend Keith Merriman , Emmanuel United Meth o dist Church , 270 0 South Downing St reet . The Pledge of Alleg iance was led by Boy Scout Troo p #92 . May or Taylor asked for roll c a ll . Upon the call o f t he r oll , the following were present : Counc il Members Williams , Sovern , Smith, Br own , Mann , Clayt on, and Mayor Taylor . Absent: None . The Mayor declared a quorum present . Als o present were: City Manager McC own Admin i strative Assistant Brown City Attorney Be rard ini Director of Community Development Wanush Director o f Parks & Rec reati on Romans Director of Finance/C ity Clerk James Deputy City Clerk Varner * * * * * * * COUNCILMAN MANN MOVED TO ACCEPT THE MINUTE S OF THE REG ULAR CITY CO UNCIL MEETING OF APRIL 4 , 1977. Councilman So vern seco nded the motion . Up on a call of the r oll , the v ote resulted as follows : Ayes : Council Members Wi l liams , So vern , Smith , Mann , Clayton , Taylo r . Nays : None . Abstain: Cou ncil Member Brown . The May or declared the motio n carried . ******* Mrs . Lynn No ld , President, and Mrs . Wilmajean Coates , Secretary , from the LittleWood Chapter of the National Secretary Ass oci ation , wer e present . May o r Tayl or presented them with a proclamation declaring the week o f April 24-30 , 1977 , as "Secretaries Week " in the City of Englewood . • I • • • • - April 18 , 1977 Page 2 COUNCILMAN SO VERN MOVED TO PASS A PROCLAMATION DECLARING THE WEEK OF APRIL 24 -30 , 1977 , AS "SECRETARIES WEEK ". Councilman Mann seconded the mo tion . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , So vern, Smith , Br own , Mann , Clayton , Taylor . Nays: No ne . The Mayor declared the motion carried . Lynn Nold thanked City Council and introduc ed secretaries in the a dience . ******* Pre-Scheduled Vi sitor Jim Walsch , 3242 South Elati Street , was not present . City Manager McCown noted there had been no further correspondence o r discussion with Mr . Walsch since he wa s scheduled on the agenda . * * * * * * * Bill Clayton , Jr ., 958 East Cornell Avenue , was present to discuss the installation of water meters in the City . Mr . Clayton stated that if water meters are a good idea they should be required of all homes rather than Just those with owner /oc cupant change . He also stated that the costs t o change to meters are unreasonably high and do nothing except lower our standard of living at a higher cost . Mr . Clayton suggested using reaso nable wateri ng restrictions and an education program t o achieve reduced city-wide water use a g e . * * * * * * * "Communications -o Action Recomme nded" o n the agenda were received : (a) Minutes o f the Englewood Hous ing Authority meetings of Janua ry 25 and March 16 , 1977 . (b) Minutes of the Denver Regional Council of Governments meeting of March 16 , 1977 . (c) Minutes of the Planning and Zon ing Commiss i on meeting of March 22 , 1977 . (d) Minut es of the Board of Career Servi ce Commissioners meeting of March 24 , 1977 . (e) Memorandum from the Dir ector of Communi ty Development to the City Manag er concerning the automobile shr edder . (f) Financial Report f or the mo nth of March 1977 . * * * * * * * • I • • • • - April 18 , 1977 Page 3 Directo r of Community Development Wanush presented a rec ommendat i o n from the Planning and Zon ing Commission f or approval of the p r oposed amendments t o the Automobile Wrecking Yard/Junk Yard Ordinance as set forth in the dra~ d ated March 28 , 1977 . Mr . Wanush reviewed these prop osed amendments . COUNCILMAN SMITH MOVED TO ACCEPT THE RECOMMENDATION FR OM THI:. PLAN! IHG Am ZONING COMMISSION AND TO DIRECT THE CITY ATTORNEY TO DRAW UP M ORDI ANGE WITH THE PROPOSED AMENDMENTS . Councilman Mann seconded the moti o n . Up on a call of t he roll , t he vo t e r esulted as follows: Ayes : Counci l Members Williams , Sovern , Smith , Brown, Mann , Clayton , Taylor . Nays : None . The May o r declared the motio n carried . ******* Directo r of Commun ity Develo pment Wanush presented a recommendati o n from the Planning and Zoning Comm ission for approval o f the Find ings of Fact on the Hampden Professio na l Park Subdivisio n , Case 31 -76 , as amende d . COUNCILMAN MAN MOV~D TO RECEIVE THE FINDINGS OF FACT FOR THE HAMPDEN PROFESSIO AL PARK SUBDIVISION , CASE 31-76 . Councilman Smith seconded the motion . Up o n a call o f the r oll , the vote resulted as f ollows : Ayes : Council Members Williams , Sovern , Smith , Brown , Mann , Clayton , Tayl or. Nays: None . The Mayor declared the mo tio n carried . * * * * * * * Director o f Community Development Wanush presented a rec omme ndation from the Planning and Zoning Commission f or consi deration of alternative solutions t o the auto shredding o peration on West Oxford Avenue . Mr . Wanush reviewed these alternatives • COUNCILMAN MANN MOVED TO ACCEPT THE RECOMMENDATI ON FROM THE PLANNIN G AND ZONING COMMISSION CONCERNING ALTERNATIVES TO THE AUTO SHREDDING OPE RATION . Co uncilman Brown sec onded the motio n . May o r Protem Clayto n expressed concern with Alternative #3 --"That an effort be made to locate funds t o reimburse Denver Metals for their unrec overable costs expended in the construction o f the Oxford Avenue site ." Co uncilman Sovern suggested adding the wo rds "other than public funds ". COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION TO RECEIVE RATHER THAN ACCEPT THIS RECOMMENDATION . Counc i lman Williams seconded the motion . Upon a call o f t he r oll , the vote resulted as follows: I • • • • • - April 18 , 1977 Page 4 Ayes : Council Members Williams , Brown , Clayton . Nays : Council Members Sovern , Sm ith, Mann , Taylor . The Mayor declared the motion defeated . COUNCILMAN CLAYTON MOVED TO AMEND THE MOTlON TO REFER THIS RECOMMENDA - TION BACK TO THE PLANNING AND ZONING COMMI SSION FOR FURTHER DISCUSSION . Council - man Williams seconded the motion . Up o n a call o f the roll , the vote resulted as follows : Ayes : Council Members Wil l iams , Brown , Cl ayton . Nays : Council Members Sovern , Smi th , Mann , Tayl or . The Mayor declared the motio n defeated . Upon a call of the roll , the vote on the original motio n resulted as follows: Ayes : Council Members Sov ern , mith , Mann , Taylor . Nays : Council Members Williams , Br o wn , Clayton . The Mayor declared the motion carried . * * * * * * * City Manager Mccown presented a rec ommendation from the Parks and Recreation Commission for approval of the appo intment o f Harold Rust and Blanche Harvey to the Senior Citizen Advisory Committee to bring the membership to fifteen as specified in Section III of the Organization and Procedures . COUNCILMAN CLAYTON MOVED TO APPROVE THIS RECOMMENDATIO FROM THE PARKS AND RECREATION COMMISSION . Counc i lman Brown seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays: None . The Mayor declared the motion carried , * * * * * * * City Manager McCown presented an application from All Souls Catholic Church for a Special Events Permit-3 .2 Beer t o be held on May 21 , 1977 from 1 :00 p .m. to 11 :00 p .m. and May 22 , 1977 from 1 :00 p .m. to 11 :00 p .m. at 4951 South Pennsylvania and 4900 South Logan . COUNCILMAN WILLIA/JS MOVED TO ET A PUBLIC HEARING FOR THE REGULAR CITY COUNCIL MEETING OF MAY 2 , 1977 FOR THIS SPECIAL EVENTS PERMIT APPLICATION . Councilman Clayton seco nded the motion • • I • • - April 18 , 1977 Page 5 Sam Kosiara , 660 East Grant Avenue , appeared representing All Souls Catholic Church . He stated this event is t o raise money for the parish, and they will be serving 3 .2 beer with sandwiches . Mr . Kosiara also no ted that question #9 on the application should be corrected t o read "no ". Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Sovern , Smith , Brown, Mann , Clayton , Taylor . Nays: None . The Mayor declared the motio n carried . * * * * * * * City Manager McCown presented a memorandum from the Ch ief of Police requesting approval to attend a workshop conducted byte Law Enforcement Legal Defense Center r egar ding police civil liability and the defense of citizen misconduct complaints t o be held in San Francisco on May 23 -25 , 1977 . COUNCILMA N CLAYTON MOVED TO APPR OVE THIS REQUEST FROM THE CHIEF OF POLICE TO ATTEND THE OUT -OF -STATE WORKSHOP IN SAN FRANCISCO ON MAY 23-25 , 1977 . Counc i lman Williams seconded the motion . Up o n a call of the roll , the vote resulted as follows: Ayes : Counc i l Membe r s Wi lliams , Sovern , Smith , Br own , Mann , Clayton , Taylor . Nays : No ne . The Mayor declared the motion carr ied . * * * * * * * City Manager McCown presented an amendment to the agreement with the State Division of Parks and Outdoor Rec r eation concerning Riverside Park , Project 08-00544 , for receipt o f an additi onal $94 ,000 . COUNCILMAN SMITH MOVED TO AUTHORIZE THE MAYOR TO SIGN THIS AMENDMENT BETWEEN THE CITY AND THE STATE . Cou ncilman Sovern sec onded the motion . Upon a call of the r oll , the vote resulted as follows : Ayes : Council Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays: None . The Mayor declared the motio n carried . ******* I • • • • • April 18 , 1977 Page 6 City Manager McCown presented a memorandwn concerning vacancies on the Planning and Zoning Comm ission and the Library Boa rd as a result of the resignations of George Jorgenson and Alfred Quaintance . COUNCILMAN CLAYTON MOVED TO APPOINT BEVERLY SIMON TO FILL THE UNEXPIRED TERM ON THE LIBRARY BOARD CREATED BY THE RESIGNATION OF ALFRED QUAINTANCE . Councilman Smith seconded the moti on . Up on a call of the roll , the vote resulted as follows: Ayes : Council Members Willia.ms , Sove rn , Smith , Brown , Mann , Cla~1ton , Taylor . Nays: None . The Mayor declared the motion carried . COUNCILMAN CLAYTON MOVED TO SEND A LETTER SIGNED BY THE MAYOR TO ALFRED UAINTANCE THANKING HIM FOR HIS SERVICE TO THE COMMUNITY . Councilman Brown seconded the motion . Upon a call of the r oll , the vote resulted as follows : Ayes: Council Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : None . The Mayor declared the motion carried . COUNCILMAN MANN MOVED TO FILL THE POSITION ON THE PLANNING AND ZONING CO MMISSION BY MARTEN LATHROP EFFECTIVE MAY 1 , 1977 CREATED BY THE RESIGNATION OF GEORGE JORGENSON . Councilman Clayton seconded the mot i on . Upon a call of the roll , t he vote resulted as follows : Ayes : Council Members Willia.ms , Sovern , Sm ith , Brown , Mann , Clayton , Taylor . Nays : None . The Mayor declared the motion carried • COUNCILMA SOVERN MOVED TO SEND A LETTER SIGNED BY THE MAYOR TO GEORGE JORGENSON THANKING HIM FOR HIS SER VI CE TO THE COMMUNITY . Councilman Williams seconded the motion . Upon a call of the r oll , the vote resulted as follows : Ayes: Council Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : None . The May or declared the motion car ried . * * * * * * * I • • April 18 , 1977 Page 7 INTRODUCED AS A BILL BY COUNC ILMAN SMITH BY AUTHORITY ORDIN ANCE NO , 8 SERIES OF 1977 - AN ORDINANCE REPEALING AND REENACTING SECT ION S 1 THROUGH 30 , INCLUSIVE , ARTICLES I AND II , CHA PTER 8 , TITLE III , OF THE 1969 ENGLEWOOD MUNICIPAL CODE ENTITLED "MOVING AND WRECKING ". COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO . 8 , SERIES OF 1 977 , ON FINAL READING . Councilman Sovern seconded the mot i on . Up o n a call o f the roll , the vote resulted as follows : Ayes : Council Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays: None . The May or declared the motion carried . * * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE APPROVING A UTILITY EASEMENT FR OM THE CITY OF ENGLEWOOD , COLORADO , TO THE ENGLEWOOD HOUSING AUTHORITY . COUNCILMAN MANN MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE APPROVING A UTILITY EASEMENT FROM THE CITY OF ENGLEWOOD , COLORADO , TO THE ENGLEWOOD HOUSING AUTHORITY . Councilman Williams seconded the moti on . Up o n a call of the roll , the vote resulted as follows : Ayes: Council Members Williams , Sovern , Sm ith , Brown , Mann , Clayton , Tayl o r . Nays : None . The Mayor declared the moti o n carried . ******* RESOLUTIO NO . 23 , SERIES OF 1977 A RESOLUTION OP PO SING THE ISSUANCE OF A CERTIFICATE OF DESIGNATI ON FROM THE ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS FOR THE PROPOSED INSTALLATION OF THE AUTOMOBILE SHREDDING OPERATION IN ARAPAHOE COUNTY ON A SITE SOUTH OF WEST OXFORD AVENUE AND EA ST OF THE SOUTH PLATTE RIVER . COUNCILMAN BROWN MOVED TO PASS RESOLUTION NO . 23 , SERIES OF 1977 . Councilman Williams seconded the motion . Upon a call of the r oll , the v ote resulted as follows : I • • • • - April 18 , 1977 Page 8 Taylo r . Ayes: Council Members Williams , Sovern, Smith , Brown, Mann , Clayton , .Nays: None . The Mayor declared the motion carried . * * * * * * * City Attorney Berardini reported that the Color ado Court of Appeals held a pre-trial conference o n April 18 , 1977 concerning Back Door Discount Liquors , 5450 South Broadway . A written report wi ll follow regarding the action of the court . ******* City Manager McCown presented a memorandum from Administrative Assistant Brown concerning available sites and costs for a City Counc il retreat. Mr . McCown stated agendas wi ll be prepared for a one-day retreat and for a three-day retreat for Council 's consideration . * * * * * * * City Manager Mccown presented a memorandum concerning the Six-Quarter Budget for the period from April 1977 t o September 1978 . RESOLUTION NO . 24 , SERIES OF 1977 A RESOLUTION AMENDING THE 1977 BUDGET IN THE PUBLIC IMPROVEMENT FUND . COUN CILMAN SOVERN MOVED TO PASS RESOLUTION NO . 24 , S1'RI S OF 1977 . Councilman Mann sec onded the motion . Upon a call of the r oll , the vo te resulted as f ollows : Taylor . Ayes : Council Members Williams , Sovern , Smith , Brown , Mann , Clayton, Nays : None . The Mayor declared the mo ti on carried • * * * * * * * City Manager McCown stated the City has received a letter from the Co l o rado Municipal League requesting each city 's participation to intervene in the heari ngs before the Public Utilities Comm issi on concerning the rate increase by Public Service Company . COUNCILMAN CLAYTON MOVED THAT THE CITY OF ENGLEWOOD PARTICIPATE IH THIS ACTIO WITH THE COLORADO MUNICIPAL LEAGUE AND APPROVE AN EXPENDITURE OF APPROXIMATELY $1 ,462 . Counc ilman Brown seconded the mot i on . Up on a call o f the roll , the vote resulted as follows: I • • • • ' April 18 , 1977 Page 9 Ayes : Council Members Willia.ms , Sovern, Smith , Br own, Mann , Cla~'ton , Taylo r . Nays : None . The Mayor declared the motion carried . * * * * * * * Larry Nowacki, 701 West Hampden Avenue , appeared before City Council concerning the car shredder operati on. Mr . Nowacki suggested that the City c o nsider the feasibility of hiring a real estate apprais o r t o estimate the decrease in property values in the surrounding area if the car shredder is put in o peration . * * * * * * * J erry DeH off , 3195 1/2 South Delaware , appeared and stated this wa s a very we ll-c o nducted City Co unci l meeting . * * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE CITY COUNCIL MEETING . Co uncilman Sovern seconded the moti on. Up on a call of the r oll , the vote resulted as follows : Taylor . Ayes: Counc i l Members Williams , Sovern , Smith, Brown , Mann , ~layto n , Nays: None . Th e Mayor declared the motion carried, and the meeting was adj ourned at 8 :57 p .m. City Clerk • • I • • ( • • ( • • COUNCIL ACTI ON REQUEST LIQU OR AND J. 2 BEF.R OUTLETS AP PLICANT: King Soopers SOSO South Federal Blvd. Englewood, CO 80110 TYPE OF ACT ION REQUESTED: Approval for r e modeling . POLICE AND FBI REPORTS: PREVI OUS CITY COUNCIL ACTIONS DURING PRI OR TWO YEARS, EXCLUD ING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: COMME NTS: I • • I r:t r, DRL 418 18E (Re v . 9 /74) - 0 Sfl\TI: Of' CXl l OIW)() OEP AfID1J ·N r or IU ·VUIUE LIOX>n IMTl!Cr-Ml'NI' DIVIS100 13 75 She nMn Street Dl'l'M':R, CX>W IW'() RO 20 3 13031 sn 3741 Lkense No . 01 -10779-015 ( The uru=signoJ t·ctail licr.nsec r (XJUcs t s pt•11 •d s!.iL<1 to ,·xi,11>.l, en l an1<1, n 1 nroify the proniscs a t whici1 he is licensed to do l.iu s i IM !SS or tJ 1p p l ans ,u d specif lc<1tio11s odginally sutmitted at the time of obtalni lllJ t hP o riqlnal Jic pn.qe, I n line wlth Color.ido Liquo r Cotle R<'glllation No. lt!E. Nam of retail licensee _.1.Dui.1.l .1.l OUJOu....iC..caWJrn'l'p.a..a u.OJu· e~sw,~IJJ.OC~0>1.JCwP~O!..!.r~a..!<t E.ed~------------- ·rrade name ---------'K>.JiL.104,Q~Swaa"<p"-'ear...,s_.,~I OwC..1Pllf..1,P'.!.IP.Lr!!.at.:!e~d,!.._ ____________ _ l\ddrcss or l egal description of pranises at which licensed to do bJsines.s ----- 5050 Sou th Federal, Englewo od , Col ora do 80 120 (City or lu.,,n, :.:Ip Cooo, County) Specification, in accurate details, of the planned expansion, enlargenent, or irod- ification of the licensed pranises or pranises to be licensed Drawi ngs submitte d. /\re the pranises, after the propos e:l eicpansion, enl.argenent , or mcxli fication l ocated within 500 feet of a b.rl.lding occupied as a pub lic, or parochial school , oollege , univer sity or saninary? No ---------------------------- Date of the proposed eocpansion, enlargenent, or mxlification of prenlses to be licensed. Sto re re-op ened 4/20/77. - '/ - Signed l-t~,; . APPR'.JVAL OF I.OCAL LICffiSJN:; .AUI'IDRITY : The foregoing application for pennission to exparrl, enlarge , or modify the prenises license:l or plans arxl specifications, has been ucamine:l , an:l if grante:l, will ro be contrary to the provisions of the Colorado Liquor Code a rrl Rules an:l Regulaticns . Therefore, the foregoing application is hereby approved . Dated at this ____ day of ______ l 9 __ • (Narre of Town, City or County) By --....---..-..--~~~~-~----(Loca l L1.censln:, Authority) APPR'.JVAL Cf' OEPARrMml' CF RE.VmJE The for03oing application for pei:mission to exparrl, enlarge, or rrcdify the p renises licensed or to nollfy the original plans an:l specifications subnitted , has been ex- l.111inoo, arxl tho planned expansim, enlargonent, or modification , as specified abcwe , is hcrcl:rj granted. Oatccl at ______________ this ____ day of ______ l9 __ • EXEOTrIVE o:rrurron ..'1-..~__i·~~--~-------~----· I • • • • Diagnn of pnmt._. BEroRE e>cpansion, enlarganant or nmification1 Diagraa of prmdaea APTl!R e>cpansion, enlarganent or IIDdifiattionr ·v.aj.(fa,~~ ';-). a~~ l Lh ti\.. ~(1.., • • AO'.:EP'l'W: R&JICTEI>: ~~~~~~~~~~ ls lgnm > ruPElllfl!Xll ACCEPJ:w: REJB:Tl'D: ~~--,.~~~---,:---~~~~-(Signo:l) CFFICER I . • • • J n ( • • • • • COUNCIL ACTION REQUEST LIQUOR AND J.2 BEER OUTLETS APPLICANT: All Souls Catholic Church 4900 South Logan Englewood, CO 80110 TYPE OF ACTIO N RE QUES TED: Public Hearing -Special Events Pennie POLICE AND FBI RE PORTS : PREVI OUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATT ORNEY'S REVIEW: COMME NTS: • I • • ( ( ( • • • IIIL 4• (1/11) STATE OF COLORADO DIPAITMINT OF RE V E NU E LIQUOR EH,ORCEM!HT O~FIC(ll 'J ACTIOH IAPPu¢4tX08 toB SPl:Ut tv1;.itts PERMm UPIOVIO INSTRUCTIONS: Answer all queationa on th ia application, t hen get the approval or 70\lr local licensing authority (see last page) and aleo the approva l o! your Colorado liquor enforcement o!ficer, Then Mil thil coapleted applica tion wi th proper fee to the Colorado Departaent or Revenue, state Capitol Annex DISAPflOVI 0 ----o-,,.-- Building, 1)7.5 Sheraen St,, Denver, Colorado 8020:), NO PERM IT ·cw,oc:voiaoG••T < WILL BE GRANTED UNTIL THIS APPLICATION HAS BEEM APPROVIID BY YOU.I{ LOCAL LICl>N SINU A THO!UTY AND YOU.I{ LIQUOR ENFORCDl!IIT Of'll"ICIR. Pendle are granted for a 1111Ximu111 or two days , Colorado fees are : 3,2~ Beer -$10,00 per day1 Beer, W1ne and Ll.quor -$25,00 per day , Your local licensing authority vill indicate the &IIOl&nt or their re,. AU. AllSW!RS MUST BE PRINTED IN INIC OR TYPEWRITTEN What type or pel'llit are you. appl7ing forT (IJ:i.~ Beer 0Beer, Wine a nd Liquor 1, Appllcant. ___ AL=L __ S,.;,O_,UL_S_C;...A_T_H_O_L_Ic_c_H_U_R_C_H _________ _ Telephone No._7_8_9_-_o_o_o_7 __ _ 2, Trade 11aa (1! any) ___________________________ _ :i. Add.re,, 4900 sou,h Logan City En glewood County Arapahoe ColorRdc> 4. Addreu or place to have t•porary peniit -E:XAC T LOCATIO N OF PREMISE S MUST BE GIVEN. Give ,treat and 111111ber, 1r poeeible. Ir place is located in a town or rural distric t wher~ i t i i.apo111ble to giw llrt,el Ind nuaher, ths lot and block numbe r or part of section whe re locate:d 1111et be cinn. School, school grounds and church grounds -4951 So. Penn sylvan ia a nd 490 0 So . Log a n Cit,. or Tovn __ ....;;En;,;,;,,g:.;l;.;e_w_o_o.d ________ _ Count y __ A_ra_p_a_h_o_e _______ ~~--Color ad ~ 5. The EXACT date(,) tor which application 1a being ude for permit (no more than two ,day11 ): P'roa MaI 21. 1977 l :00 P.M. to May 21, 197 7 11:00 P.M~ an NOUII DAU MClJR Froa MaI 221 1977 1 :00 P.M. to May 22, 1977 11:00 P .M. Dlfl m DATE HOUR 6. Do )"OIi. ba•• legal po11e1aion or the premieea for which thie application ia made t yes 7, Ia applicant organiution incorporated under the l aw11 or thie state !or pirpo11ea or a soc ial, fraternal. patriotic, political, or athletic nature, not !or pecuniary gain ; or 1a it a regularl7 chartered branch, lodge, or chapter o! a national organization or eociety organ1zf'<l tor euch pv.rpo~, being non-prof'it in nature ; or 1a it a religious · or philanthropic 1net1tut1ont LiJYe, (:]Ko 8. Ir the applicant 11 an organir.at.1.on incorporated in this state for •non-peC11.niary• (non-r r o!it) purpo,ee, aNn1111r (a), (b), and (c)s (a) Orc&n11ed under the lave or the State or ___________ _ Date~-------- (b) Principal b111ine11 b conducted at _________ _. (c) Home AddreH County'-------Date of' B1.rth --------------~ Preeident -------------------~---- ~-------------~Vice-Free.,~-~----------------~----- ~-------------~ Treasurer~------------------~----- --------------~ Secretary~-------------------~--- ~-------------~ Manager 9, Are the exi,ting liceneed !ac i -1tiee o! a pplicant organization inadequate for serving member s or~eete ot the organitation by reason or thP. na ture of the 11pecial event which is achedul f WY.. ONO • • I • • - • • • • • to. Aro the prrnniseo tor which ap~cation is mado, now Uccn::;ed unde r the S t u l ,· Liquor L:i w "' t >,,. J .<''.C Beer ActT 0Yes ~No If Yes , lo whOlll i s thf' liC'enso is ~u r.d? ( State Ll.c e nse Numb e r _________ _ 11. Has ony special events pel"lllit been ie:med to you withi.n the current. calendar yeur7 ( ~ .._. 0Ies f"x]No If yes, for how 111a ny d1ye7 ---------- •••Th~ollowing affidavit is to be signed and acknowledged by orga n ization••• STATE OF COLORADO } ss. County of a4 4,t ,, f. o < -*"------------• being by 1118 first duly sworn, if for himself, depos es and ,:iys; that he is the applicant above na-.d; or that he is ~ ~ of the abovf' n;,ir,pd corporation; that he haa read the fore g oing a pplication and that he knows the c ontents t h ,·rPof' and th11t all utters and things therein set forth are true of his own knowledcc, and he urn•,•: to conform to all rules and regulations promulgated by the DEPARTMil<T OF REVENUE IN CO imr•;r:T J CJI" THEREWITH • 3ubscribed and l!Vorn to bcfon, me this ~ ft day ot . .,., Atta1:h ' s'~a{. \ I\Y Commission expires / 0 ~;; t./-fm. --================================ ~ -INSTRUCTIONS ....... # ··;···. J f the ,pr..isee are located within a town or city, the approval shown below should be s i~ned by tho Mayor and Clerk. If the prellises are located in a county, then this a pproval should be ~jgned by the Chairman of the Board of County Colllllissioners and the Cle rk to the Board. If, by o rdinance or otherwise, the local licensing authority is some other official, then such a rprovnl ~-hould be signed by such official. !REPORT AND APPROVAL OF lDCAL LICENSING AUTHO RITY! Ti1e foregoing application has been examined and the premises, business conducted and t'haracter of the applicant i s satii;factory, and we do report that such perm.it, if granted, will comply with the provision of Chapter 7.5, Article J, C.R.S. 196 J , as amend ed • Ther e fore the foregoing application is hereby approved. O;oted at _________ this ________ day of ___________ _ A.r:;. l"-- N;;i rne of town, city or county----------------------------------- ( • By _____________________ _ Mayor or Chainnan of Board o f Cou nty Corn:iii S!,i or, r:, o f Title of Othnr Lkensing Au thorHy Attest.=------------------- Cle rk or Sec r etary or OthPr Cffi~" l!,n;r,.. ·:,, Official Seal of thP Lic r n:dn..; Aut ..,,.~ ' I • • ( ( • • • • Policemen's Pension Board Minu tes of April 26 , 1977 Meeting The Policemen's Pension Boa rd of th e Ci ty of Englewood met on April 26 , 1977 at 4:30 p.m. with Board Members J. L . Leydon , James Taylor , and William Jam es present. Board Member James stated the Board had re ceived a r efund of contr ibu- tions request from I nvestiga t or David C . Miller . His effective date of resignation will be May 15 , 1977. BOARD MEMBER LEYDON MOVED TO REFUND DAVID C. MILLER 'S PENSION CONTRIB U- TIONS FROM SEPTEMBER 1, 197 3 THROUGH MAY 15, 1977 . Board Memb er Taylor seconded the motion, and the motion passed by a unanimous vote. * * * * * * * The meeting was adjo urned to the United Bank of Denver offices to review the services that Unit e d Bank provides to the pension board. The meeting was adjourned a t 8:00 p.m. • • I • • !H'\ n - ( • • ( • • • • Policemen's Pension Board Minutes of April 8, 1977 Me e ting The Policeme n's Pension Board of the City of Englewood met on April 8, 1977 a t 10:00 a.m. with Board Members James Taylor , J. L . Leydon, and William James pr esent. Also present was Patrol Officer Gary May and Dr . Ea rl Hoffer. Board Member James stated the purpose of this meeting was to consider a disability r etirement application r eceiv ed from Patrol Officer Gary May. He noted that Gary May has sick leave left through May 12, 1977. Dr . Hoffer stated he has not had the opportunity t o fully evaluate Gary May's physical disa bi lities to the extent that he may or may not hav e a disability. This evaluation should be completed after May 1, 1977. BOARD MEMBER LEYDON MOVED THAT THE POLICEMEN 'S PENSION BOARD MEET ON MAY 12, 1977 AT 10:00 A.M. TO HOLD A DISABILITY RETIREMENT HEARIN G ON GARY MAY 'S APPLICATION . Board Member Taylor seconded the motion , and the motion passed by a unanimous vote . There being no further busines s, the meeting was adjourned at 10:10 a.m . I • • - • • < • • • • Policemen's Pension Board Min utes of March 31, 1977 Meeting The Policeme n's Pension Board of the City of Englewood met on March 31, 1977 at 4:00 p.m. with Boa rd Members James Taylor and William James present . Board Mem ber Leydon was absent. Board Member James stated the purpose of this meeting was to establish a policy for granting disability retireme nts. The policy has histo rically been n ot to gran t t empo r ary disabilit y until the individual employee 's sick leave ha d run out . Mr. James stated he feels it is imp o rtan t for the Boa rd to formally adopt a policy of not g r anting temporary disability until th e indiv i dual has no sick l eav e left . He fur the r stat e d that when an individual do es retire through regular r e tirement or d isability r e tireme nt he r eceives back half of his sick leave left in pay. BOARD MEMBER TAYL OR MOVED THA T THE FOLIC EMEN 'S PEN SION BOARD NOT GRANT ANY TEMPORARY DISABILITY RETIREMENTS UNTIL AN INDIVIDUAL HAS NO SICK LEAVE LEFT. Board Membe r James seconded the mo tion, and the motion passed by a unanimous vote . The r e being no furthe r business, the mee t ing was a djourned a t 4:15 p.m . • I • • n • • • CITY OF ENG LEWOOD PLANNI GA 'D ZO ING OMMISSION APRIL 5, 1977 I , CALL TO ORDER, 4 The regular meeting of the City Planning and Zon ing Commjs ion was cal led to order by Chairman Pierson at 7:00 P.M. Me mbers pr sent: Tanguma ''ade, o r genson, Owens, Parke r , Pierson, Don Smith Wanush, Ex-officio Members absent: Williams, Ed Sm "th Also present: Assistant Director Romans; Associat Planner Hou s ; Assistant City Attorney DeWitt II. AP PROV AL OF MI TES. Chairman Pierson stat d that Minutes of March 22, 1977, were to be considered for approval, Wade mov e d: Owns seconded: Th Minutes of March 22, 1977, be approved a \H'itten . AYES: Wad e , 0\1 ns, Park r, Pier on, Don Smith NAYS: one ABSTAIN: Jorgenso n, Tanguma ABSENT: Ed Smith, 1'11 ll iams The motio n carri d. CASE #33-76 Mrs. Pier on stated tha this matter had been considered at Public Hearing on .larch 22, 1977, and, in th draft of the Ordinance which the Commission mem ber received April 1st, the staff has made an effort to clarify points brought out at the Public Hearing . Mrs . Pierson asked if there were further comments and corrections to be made to the proposed amendments? Mr. Wanush stated that there was a question rai s ed at the Public Hearing pert a ining t o the use o f "adJ oining or adjarent property"; another qu stion was raised regardi n g the pro- vision of o ff-street parking f o r those improvements tha t may occur on the site of th e auto wrecking yards , Mr. Wanush stated that any new c onstruction or expansion of existing b uildings in the auto wrecking yards would be re- quired , under the present Ordinance, to meet whate v r off- • I • • • • • • -2- street park ing requirements wou ld pert in to that use. If the use is for a retail facility, the a uto wrecking yard owner Jould be required to provide an off-s treet pa r king area equal ~ one-hal f the ar ea of the retail f ac "lit y. If the use were for storage and wa rehou s ing , th e p arking re uirements would be base d on the number of employees . !llr . Wanush point ed out t ha t in th e case of t hose yards which pre s ntly have provided olf-treet parking, addit ion al off-street parking would not b requ ired unless the reta il portion of the use i i n creased o~e r and above what i s there now, or unless the number of emp l oyee s incr eases for those yards d ea ling in storage and wareh ousing, Mrs . Romans pointed out that this would be assuming th auto wrecking yards an d j unk yards are providing th required amount of off-s treet parking at the present t im e . Mr. Wanush a gree d that this is based on t h e assumption that these bus inesses now meet the oft-street parkin g requi r emen ts that are imposed; i f the uses do not provide the required o! 1-street parking, th ey do not conf orm to t he Ordinance requiremen ts. Ed Smith e ntered an d took his place with the Conunission. Mrs. Romans pointe d out that a Non-conforming Use, the present s tatus of automobile wrecking yards and junk yards, may be "expanded" to provide required off-street parking. Discussion ensued on the difficulties that may be exp rienced by retaining the designation of auto wrecking yards and junk y:irds as Non-conforming Uses. Mr . Wanush pointed out that the pro pos d amendments are an attempt to legislate for a specific pro bl e m, an d t h e staff feels th:it these uses shou ld be made Con di tional Uses in the Industrial Zone Districts. Don Smith pointed out that "this isn't the desire of the Conunission at th is time." Don Smith asked if he understood that a Non-con- fo rming Us e could expand for the purpose of providing required o ff -st reet parking? Mr . Wanush stated that this is correct. Mr. DeWitt questioned whether the proposed Ordinance will a c c omplish what is wanted, or whethe r it is a "mutation that does not meet the problem.'' Under th e approach of a Conditional Use, the Conunission would have a great d eal of supervision on the auto wrecking yards and junk yards. Mr . Parker stated that it did not ap pear to him that the Ordinance as it is now written would cause too much problem , and asked, "as it is p roposed now , the auto wrecking yard a nd junk yard owners ma y upgrade within their own perimeter, is th is correct," Mr . Wanus h stat d that under the proposed Ordinance, improvements may be made as long as it is within the physica l boundaries of th existing site. Mr. Wa n ush asked the Conunission how they felt about the use of adJa cent land for a r t:iil ou t l et? Mr. Parker stated that he • I • • • - -3- did not feel this ma tter should be o f concern to the Commi ssion, adding "all you have to do is open it up n ex t door under another name ", and this is nothing th e Commission should worr y abou t. The question of whether or not a retail outlet permitted n e x t door to an auto wrecking yard or junk yard was in fact increasing the area of the auto wreckin g yard or junk yard was discuss ed. Mrs. Pierson state d that she felt the retai l outlet woul d be limited by th e size o f the base operation. Furth er discussion ensued. Mrs . Wad e pointed ou t that th e p urpose of th e ame ndm ent is to assist these businessmen t o improve th eir oper a tion. L ee Jones, a me mb e r o f the audience, asked i f a r et ail out let adjoining an auto wrecking yard would have to meet all the standards for a retail ou t l et? Wou ld it ha v e to meet all the conditions of business zoning as oppose d t o a structure within the yard? Mr. Jones stated that he fe l t there might be some problems in this area on those au to wr ecking yards or retail outlets locat ed adjac ent to resid ntia l property. Mr. Jones was assured that the retail ou tlets would have t o conform to all codes and ordinance s, as would any new con-struction in the are a . Parker moved: Tanguma seconded: The Pl anning Commission r e commend to City Council that the proposed a mendments t o the Automobil e Wrecking Yard/Junk Yard Ordinance be accepted and approved as set forth in the dra ft dated March 28, 1977. AYES: Jorgenson, Ow e n s, Parker, Pi erson, Don Smith, Ed Smi th, Tanguma , Wade NAY S : None ABSENT: Williams The motion carried. IV. HAMPDEN PROFESSIONAL PARK SUBDI VISION F:i.nd i ngs of Fact CASE #31-76 Mrs. Pierson stated that the n e x t item on the agenda is the Fi ndings o f Fact on the Hampden Professional Park Subdivis i on . At the meeting on March 22, 1977, the Planning Commission re- cons idered the action taken relativ e to this case at t he meeting on March 8, 197 7 , and vote d t o approve the final plat , and re commended approv al of the fi nal plat t o the City Council. Mrs . Pierson stated that she ha s been informed that the City Council did set a Public Hearing f or May 9th regarding this proposed subdivision plat. Mrs. Pierson asked if there were any comments or ch ange s pertaining t o the Findings of Fact as prepared by th e sta ff? Mrs. Romans stated that on Page 6, an additional Finding should be added, which reads: • a ) I • • n 'l - • • • • -4- 28 . That Mr. John Welles' testimony reveals that there would be a substa n tial incr eas in traffic as the Subdivis ion is pro- posed and Mr. J . D. Willis indicated that it would be e ssent ially unfeas ible to develop structures in excess of two stories in view of the of f -street parking requirements , On Page 8, an additional Conclusion should be adde d to r ea d: 12. That in order to al l eviate traffic problems, the City Planning and Zoning Commission finds it necessary to reduce the hei g ht of buildings to be constructed within the Sub- division to two stories. Don Smith moved: Wade seconded: The Planning Commission approve the Findings of Fact on the Hampden Professional Park Sub- division, Case #3 1-76, as amended and attached. Mrs . Pierson questioned Conclu sion #8; she stated that she remembered no discussion pertaining to waivi n g the Re strictive Covenan ts . Don Smith pointed out that the d e velopment pla ns of the Larwin Multi-Housin g Co rporation were aborted and there was nothing in the Covenants or the Subdivision Waiver Re solu t ion limiting t h e development t o residential use only; if the site we re de- ve lope d f or residential p u rpos es, then the dens ity would be limited to a maximum o f 1,500 dwel l ing units. Discussion en- sued. Mr . DeWitt stated that by the motion of t he Commission approving t h e Subdivis ion Plat, they have waived the Restrictive Covenants, Ed Smith questioned that the Cov enant was valid, and whether the Cov e n a nt s could be recognized. Mr , Wanush state d that the F indings o f Fact make the ass umption that the Covenants were valid, but that the Planning Co mmission doe s have the right to waive, amend o r o therwise chang e t hem. Mr. DeWitt agreed t hat the Covena nt s are b inding Covenants, but the Commission does have the authority to modi fy , amend or waive them, and by accepting the Subdivision Plat, the Commission did modify, amend and change the covenants. The v ote on the motion was called: AYES: Jorgenson, Owens, Don Smith, Ed Smith, Ta n g uma, Wade NAYS: Parker, Pierson ABSENT: Willi ams 1be motion carried. V, COMPREHENSIVE PLAN, Mrs. Pierson stated that there has been discussion about an orien tation meeting o f the various review committees to lay • I • • <.. • - -5 - the groundwork for the review of the Compr ehensive Plan. Mrs. Pierson asked how many of the committees c o uld be ready for a me et ing on April 20th? Mr . Tanguma stated that his committee to review the residential aspects of the City wo ul d b e r eady. Ed Smith stated that he doubted he woul d have h is committ ee ready by that time. Mrs . Wade stated that the P arks and Recreation revi ew c omm ittee wou ld be ready by April 20th, an d Mr. Jorgenson stated that the Public Facilities and Drainage review commit tee would also be ready by that date . Mrs. Pierson asked that Mr. Williams be no tified o f the date so that he may in turn notify his Transportation c ommi ttee members. Mrs. Romans sta ted that names submitted by I.C.E. a nd some representatives o f the r eal estate business have been sub- mitted for memb e rship on the review committees . There are still some organizations a nd Ci ty boards and commissions that have not responded to this time . Mrs. Pierson asked for a repor t by the staff . Asso ciate Planner House discu ssed growth d ata and trends of the City as compared t o surrounding jurisdictions . I n terms of population, the City of Englewood is pretty well stabilized, and ther e has b een no signi fi cant increase in growth since 1960. Arapahoe County as a whole has experienced a 20% to 30% increase in population. The City of De n ver has experie nc ed a low er growth rate, while the metropolitan area has increased great l y . Mr . House state d th at in retrospect, p opu lation pro jection s for the City o f Englewood seeme d rather "l iberal" as cited in the Comprehensive Plan. Mr. House pointed out t hat the populat ion in the 1970 Census was 33,695, while in the Comprehensive Plan, the 1970 estimated population was 43,50 0 , with a project ed growt h to 58,000 by the year 2000. The Denver Region al Council o f Governments projects a 45,900 population fig ur e for the Ci ty of Englewood by the year 2000, and it is now fe lt that th is ma y be closer t o reality tha n the projected 58 ,000 figure. Mr . Hous discussed other methods of mak ing population projections, su h as the "straigh t line pro jection". Based o n the growth rate for the past six y ears, the straight line metho d would project the population to approximately 48,000 by the year 2000 . CH2M-H ill, Consulting Engineers for the Utilities Departme n t, have projected a population of 52,750 by the year 2000 for th City of Eng l ewood. In 1 970 , the population o f Arapahoe County was given as 162,000; the projected growth of Arapahoe County t o t h e year 2000 is 420 ,000. The metropolitan area had a population of 1 .2 million in 1970 ; by the year 2000, it is pro- jected that this figure will be doubled in the metropolitan ar ea . The City o f Englewood has the hi ghest median age o f any mu nici- pality in the metro area; the median age b e ing 28 .8 ye ars, an i ncrease o f 0 .2 f rom t ha t given in the 1960 Census. The Denver me dian age dropped from 31.0 in 1960 t o 28 .6 in the 1970 Census. The Arapahoe Count y median ag e incr eased from 24 ,9 in 1960 to 25 .6 in 1970, whil e that o f the metropolitan area dropped fr om 28 .1 in 1960 to 26.4 in 1970. • I • • • - -6- The median income f i g ur es f or Englewood we re $6,744 in 1960 and increased to $9,999 in 1970. Denver h a d a media n income of $6,361 in 1960, which rose to $9,654 in 1970 ; whil e Arapahoe County had a median income of $7,695 in 1960, and a median in- come o f $12,063 in 1970 . The me dian income of the metro area rose f rom $6,551 t o $10,777 during the decade from 1960 to 1970 . HUD figures i nd icate that the median income for the metro area is presently $16,000, but there is no current data on the median in come o f Eng lewood itself . The poverty level in 1970 was listed as $3,0 00 ; in Englewood, this meant there we re 552 fami l ies a t or be low the poverty l e vel in 1970 . Mr. Hous e discus se d the school e nrollment. From a peak year in 1961-1962, wh en the re wa s a 7,325 enrollme nt figure, to a low of 4,515 e nrollme nt in 1976-1977, th e re has been a drastic drop in the Englewood school population. The projections for the next school y ear are e v en lower --an enrollment of some- wh e re between 4,450 and 4,250 s tudents . In 1970, 22% of Englewood's population was of school age, a figure which has dropped to 12% in the 1976-1977 school year. Denver has dropped from a 19% f i g ure in 1970 to 14% in 1976 ; Arapahoe County had a 27% school-a ge f i g ure in 1970, and the metro area had a 24% school-age fig ur e in 1970 . There are no later f igures on the p ercentage of school age population in Arapahoe County or in the metropolitan a r ea. In 1973, the dwelling unit yield was 0.47 stud n ts; it is fe lt this figure may be a little high today. Th e birth rate has dropped from 25 .9 /1000 population in 1962, to 1 4 .2 /1000 population in 1972, and is estimate d to be lowe r y et today. Housing construction tren ds were then di scussed by Mr . House. Mr. Hous e not ed that n e w c onstruction o f single-family housing has dropped from about 30 units per year in 1960 to 10 units last year. In terms of apartment construction, there was an increase in th e year s from 1 69 thru 1972 ; there has been no new apartment construction since 1974. In the years 1960 thru 1969, 237 uni ts were moved or demolished and from 1970 thru 1976, 194 units were d e molished or mov e ct . Mr . Parker asked if Engl ewood was more or l ess integrated than i t was 10 years ago? Mrs. Romans stated tha t there is still a low percentage of minorities in the City. The ag e of the housing stock in Eng l ewood was discussed . The number of hous e s cons t ructed in th e period between 1960 and 1969 was 1,665 units ; in th e period between 1950 and 1959, 4,575 u nits we r e constructed; from 1940 to 1949, 2,098 units wer e constructed and 3,363 units were constructed in 1939 or pr ior to that year . In other words, 47% of Englewood's housing stock was built prior to 1959. Eighty percent of Denver's housing stock was constructed prior to 1959, and the figure f or the metro area is 43%. Substandard-unit figures for 1968 and 1969 were g iven as 10.5% f or Eng lewood, compared to 7 to 10% in 1974; Den ver had a 17 .7 % figure for 1968 -1969, and • I • • - -7- no later fig ur es were avai lable , In 1968-1969, Aurora had 3 ,8% of t he hous ing stock in su bstandar d condition , Colora do Springs had 13.9% substandard and Pueblo had 14 .9% subst andard units. Mr. House summed up his presentation by sayin g that Eng l ewood has the highest median a ge in the metro area, and a low media n incom e, Ther e is c onsiderab l e ol d housing stock and a hi g h percentage of substandard un its in th e C i ty. Mrs, Pierson asked i f there were figures on the perc entage of senior citizen population in the City? Don Smith stated h e understood it to be between 11% to 1 2 %. Mrs . Pierson ask d if there had been any projection on the trends 10 years from now ? Mr. House state d that he anticipated that childless couples would settle in En g lewood in the housing presently occupied by the senior citizens. The cost o f housing was discuss e d. Mr. Ed Smith p ointe d out that many of the homes in Englewood are very small, as well as being old. Thes e hom es do not have sufficient room to accommo- date fami lies with children, and it is di fficult t o get loans on small homes. Mr, Owens discuss e d a v ery small home in marg inal condition that h a d rece ntl y been so ld f or $16,000. Mr . Wanush asked if peopl e ar e more reluctant to sell their homes now ? Mr. Owens stated that he felt this is true, particularly in an older community such as Englewood . Th e re is no incentive to move and where will the people go when they do sell? Mr , Owens stated that he felt there ar e many things tha t need to b e done to improve the housing stock, and qu estion ed tha.t subsidization of the repair of older homes is the way to g o about it, Ed Smith stated that there is a lot o f improve ment of older homes going on, and that people are putting a lo t o f money into this improvement. He stated that he knew o f at l east 1 /2 dozen houses which are being improved within a six block area o f hi s residence . He noted that a lot of thes e homes are adding a n - other bedroom or otherwise incr easin g the size o f t h e house. Financing the purchase of homes, as well as the financ ing of repair and rehabilitation o f homes, was discussed . The process which has been impleme nt e d in th e Capito l Hil l area of Denver was discussed, Mr. Owens noted th a t this program has be e n ver y s uccess f ul in drawing peo p l e back into the c e ntral part of the City , Further discussion ensued, Mr, Tanguma questione d how the review o f the Comprehensive Plan was to be presented t o the public? He not ed th a t he h ad heard rumors this was a revision o f the Core Area Pl a n, a nd that there is opposition gathering e v en now. He stated t hat he fe lt there must be some way t ha t the pro gram ca n be pres ented to the public to encourage positive r ea ction. Mr. DeWit t point ed out that "not until it is adopted by the City Council is it a Plan." Further discussion ensued . Mr . DeWitt stated that the Commission is here to d e v e lop a plan, but not j ust one plan. He again cautioned that until it is voted upon by City Co uncil, • I • - -8- it is not a "Pla n••. Di scuss ion e nsu e d . It was determined there sh oul d be as wide-spread citizen participation as po ssibl e in the Com preh e ns ive Plan r e view, and that the orientation meeting would be way t o do it . I t was determined that the agenda f or th e April 19th me et ing appears to be rath e r lig ht at th is time, and that ~1e orientation mee ting would be scheduled f ollowing the regular bus in e s of the Commis sion . VI. PLATTE RIVER VALLEY Mr . Wanush stated that there have been severa l discussions on the proposed automobile shredder at Wes t Ox f ord Avenue and the South Pla tte Ri ver. Th e se discussions have cent e red around t h e possibilit y o f preventing the c ons t ruction o f the a uto shredder . Mr . Wan u sh stated that h e fe lt one o f the main reas ons f or prevention o f this construction is that it will set the standard f o r d e v e lopm e nt f or the next five , ten or fiftee n years ; by p ermitting this kind o f large inv estment in th is area , i t co uld r e du ce the chances in the near future of redeveloping a nd b eau tifying the Platte River Valley. The City has developed a nine -hole g ol f c ours e in the i mmediate vicinity of t h e propos ed auto shredder, and has plans for d e - velopme nt o f t h e s e cond nine-holes in t h e next few years . The Army Corps o f Eng in eers has p l a n s for the channelization of the rive r exce pt f o r that area under the j urisdiction o f th e City of Littl eton. The City of Littleton is purchasing land along the river that will accommodat e th e 100-year floor plain, and it is their in tent t o l ea v e this area as a "natural area". The Army Corps o f Engineers p lans to channel a 300 ft. wide strip along the river and us es such as the auto shredder could proh ibi t this , Mr. Wanush pointed out that the County Com- miss ione rs did i ssu e a permit f or th e construction of the auto shredder , and the land i s pro per ly z one d f or t his use. Mr. Wanush present e d several suggestions that might b e pursued: (1 ) The City o f Denver could be asked to agree to an extension of t ime f or the relocation of the Denver Metals plant. (2) Th e City o f Englewood and oth er concerned parties could search f or an alternate site for the location o f t h e auto shredder . (3) An effort c ould b e mad e t o reimburse Denver Metals for t h e ir unrecoverab le ex p enditures if ano ther s it e is found an d if De nv e r Metals would agree t o move t o another location. Mr . Wanush stat ed that it would be a c onsiderable task to find the mon e y t o c ove r these expe nditures, and th at he would assume t hat possibly Sh erida n, Li tt l eton , and the Corps of Engineers would have an intere st in this matt er as well as the City of Englewoo d , ROMCOE has indicated there might be some funds ava ilable through some e nvironmental organizat ions for this p u r pos e. Mr. Wanush est ima ted that the f unds expended by De nver Meta l s that would be unre coverabl e might be as high as $5 00,000. Mr. Wanush poin te d out that this $500,000 would be s pent t o assure the ty pe of development on only a 28-acre site. I f this kind o f money is to u e spent, steps should be taken to make sure another proposal such as the auto shredder does not happen s om ewhere e l se along the River Va lley . Mr. Wanush su~ • I • • ' ' - -9- g ested that Sheridan, Littleton, Ara pahoe County, Denver a nd Eng lewood should get together to make long range plans for the deve lopment and be autification of the P la tte River Vally . Mr . Wanush stated that h e fe l t such things as zoning, the Capit al Improvemen t Plan, Comprehensive Plan, etc ., shou ld b e c onsidered as a means of controlling the development a l ong t he river. Mr. Wanush stated that zoning alone is a n egative land us e control --it can preve nt some particular use, but cannot i mplement a planned development by itself . Furthe r brief dis- c ussion ensued. A recess of th e Commission was called at 9:05 P .M. The meeti ng reconvened at 9:20 P.M. with the f ollow i n g members present: Owens, Parker, Pierson, Don Smith, E d Smi th, Tanguma, Wade, J orgenson. Absent: Mr . Williams. In r e v i ew, Mr. Wanush pointed out that De nv er Meta ls is under a time limit from the City o f Denver to r e loc ate their p l ant, He indicated he felt there shoul d be negoti ations with Denver to determine if there can be an exte nsion granted on the re- location of the plant. He stated he fe l t there shou ld be an effort expended to loca te an alternate site for the auto shredd er , and that efforts should be directed toward amassin g f unds to reimburse Denver Meta ls f or their unrecoverable ex- penses in the event an a l ternate site is loc ated that will meet the needs o f the o perat ion. Mr . Ow ens asked if Denv er Metals has been approached on a possibl e relo cat ion f rom the Oxford Avenue site? Mr. Wanush stated that De nver M tals does not want to move, b ut no de f inite o ffer has been made to t hem at this point. He stated that he feels De nver Metals would listen to a specific of fer i f o ne were to be made . Mr . Tanguma asked if there has been any e ff o rt made to loca te another site at this time '? Mr. Wanush stated that no effort has been made to this time. Th e plant will n ee d to be lo- cated n ear a rail line, but also needs t o be locat e d fairly "close in." The possibility of a nn exation of the land by Englewood o r Sheridan was br ief l y discussed. It was pointe d out that there will be a ll new equipme nt in the proposed auto shre dder at the Ox f or d Avenue location. Mr. Wan ush stated t hat all restrictions suggested by both Englewood a nd Sheridan were accept e d b y the Arapahoe County Officials, and were a greed t o by Denver Metals prior to issuance of the Build i n g P ermit. Mr. Don Smith and Mr . Wanush discussed a meet ing before th e Arapahoe County Commiss i on ers on April 4th. Mr. Wanush stated that the S tate Statute g ov er ning solid waste disposal requ ires t hat such a process must g o through Public Hearing before th e y may be allowed to operate . The Attorney Genera l's Offi ce h a s issued an opin ion that s t ates the proposed ope ration is in fact covered by the s olid waste disposal Statute, and that there must be a Public Hearing on this matter b efore the plan t can begin oper ation. Mrs . Wade asked if the Public Hearing must be held be f or e c onstruction or be f ore the plant g o es into operation? Mr. Wan ush stated that this is a point of question ; • I • • • - -10- the County has asked for clarification of the matter through the Courts to determine if this auto shredder does in fact fall under the jurisdiction of the Stat e Statute on solid waste disposal. The matter of annexation was again discussed . It was pointe d out that Englewood could not annex this site at the present time , but that the City o f Sheridan could do so. Englewood can annex quite a bit of land in the area unilaterally, and did attempt to do so at one time; the matt e r went to Court, and City Council dir ected that the matt er not be pursued f ollowing a low er Court decision returning the land to Arapahoe County. The matter of an Environmental Impact State - me nt was brought up . Mr. Wanush stated that the auto shredder comp lies with all existing County regulations. The possibility of a time limitation on the existance of the aut o shredder at this lo cation was discussed . Mr. Wanush stated that negotiations mi ght be made with Denver Metals, in the event t he operation should remain on the Oxford Avenue site, requiring that they would relocate th e operation after the amortization of the new equipment. This route could take a period of several years; but the surrounding area could be down zoned to prevent any further installation of such intense industrial uses until the auto shredder could be relocated. Don Smith stated that he understood the Corps of Engineers intends to start their project in the Englewood area in about three years , which would coincide with further development of the golf course. Discussion ensued. Mrs. Wade questioned that funds to reimburse Denver Metals for their unrecoverable ex penditures should be spent for that purpose. She suggested that perhaps land along the river should be purchased for recreational purposes, with the hopes that an agreement could be reached with Denver Metals to vacate the site when the cost o f the equipment has been amortized. Further discussion en- sued. Tanguma moved: Jorgenson seconded: The Planning Commission recommend to City Council that the following alternatives be considered in the search f or a solution to the shredding operation on West Oxford Avenu e: 1. The City of Englewood should petition the City of Denver to gra nt Denver Meta l s an extension of time for the opera- tion of its shredding plant in Denver. 2 . During this extension period, the City of Englewood, with other intereste d jurisdictions, search f or an alternate location for the auto shredder . • I • • • - -11- 3. That an effort be made t o locate fun ds to reimburse Denver Metals for their unrecoverable costs expende d in the con- struction of the Oxfor d Avenue site. 4 . That to prevent simil ar problems from arising along the South Platte River, ther e be a joint effort by the various jurisdictions to develo p long range plans and implementation programs for the joint d evelopment o f the Pla tt e River Valley . 5. That in the event the shredding operation continues at its present location, th ere be n eg otiations with Denver Metals on the possibility o f a specified length of time they will occupy the subject site. Ed Smith stated that he felt alternative five is the only feasible solution, and that we should work from that point of view. Don Smith stated that if f unds to reimburse Denver Metal s are located, he did not feel they should be government funds. It was suggested that funds might be solicited from th e Bureau of Recreation and the Corps of Engineers, a nd other possible funding sources. Mr. Owens stated that he felt the chances of preventing the operation of the auto shredder are v er y remote, and that the amortization time limi t a t ion is the only answer; he sugges ted that this alternative be g iven gre at emphasis. The vote on the motion was called. AYES: Parker, Pierson, Don Smith, Ed Smith, Tanguma, Wade, Jorgenson, Owens NAYS: None ABSENT: Williams The motion carri ed , The meeting adjourned at 10:00 P.M. ·-~~ I • • • - -12- MEM ORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZON ING COMMISSION. DATE: April 5, 1977 SUBJECT: Automobile Wrecking Yard/Junk Yard Ordinance Proposed Amendments RECOMMENDATION: Parker moved: Tanguma seconded: The Planning Commission recommend to City Council that the proposed amendments to the Automobile Wreckin g Yard/Junk Yard Ordinanc e be accepted and approved as set forth in the dra ft dated March 28, 1977. AYES: Jorgenson, Owens, Parker, Pierson, Don Smith, Ed Smith, Tanguma, Wade NAYS : None ABSENT: Williams The motion carried . Respectfully submitted, By Order of the City Planning and Zoning Commission. / -/, / . (---1 /.l, ' / / / / _,/,· ~<-~.------'I<,_.___." -4--:' < ,, • ·-//, Gertrude G. Welty / Recording Secretary • 0 I • • ) ( • 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 - March 28, 1977 -13- AUTOMOBILE WRECKING YARDS AND JUNK YARDS SUBJECT Definitions General Provisions Requirements to Operate Business Permit to Make Certain Improvements Procedure Inspection of Automob ile Wrecking Yards and Junk Yards Location, Space and General Layout Sanitation and Fire Provisions General Regulations Management and Operation Variances and Modifications • -1 -3 -4 -4 -5 -6 -7 -9 -11 -12 -13 I • • \ • - -14- §6-2 -1 Definitions For the purposes of this Chapter, the succeeding words and phrases shall have the fo llowing meaning: (a) Access Road: shall mean that area privately owned and maintained and set aside within an Automobile Wrecking Yard or Junk Yard for use as a fire lan e er AND an interior road system providing vehicular access throughout the Auto- mobil e Wrecking Yard or Junk Yard. (b) Adjacent: shall mean separated by an alley or street. (c) Adjoining: shall mean contiguous, or separated only by a r e ar, let line FRONT, or side lot line. (d) Automobile Wrecking Yard: shall mean an area with such accessory buildings and structures as provided for in this Chapter, where the process o f automobile wrecking AND/OR dismantling, or the storage, sale or dumping of dismantled, ob- solete, or wrecked vehicles er ~erte tftereef prevails. This term does not include automobile sales areas wh ere used cars in a functional con- dition, or new cars are stored prior to sale , Also, the term shall not include any public place of impoundment of abandoned or impounded automobiles. • I • • ) n ( - (15) -2- (e) ~: shall mean t h e Board o f Adjustment and ( Appeal s o f the City o f Englewood. • (f) Building Inspector OR INSPECTO R : shall me an the €h~ef Btt~id~nt fn~~eetor CODE ENFORCEMENT OFFICER of the City of Englewood, Colorado, or his author ize d representative FROM THE CODE ENFORCEMENT DI VISION OR FIRE DEPARTMENT. (g) "Junk" shall mean g oods or mater i a ls wh ich are no longer usable for their origina l purpo ses or serviceable in their orig i na l sta te. (h) Permit : shall me an A written permit issued by the Building Inspector to c onstruct or alter any building , structure, or other improvement in or upon any Automobile Wrecking Yard or Junk Yard. (i) "Ju nk Ya rd" s hall mean an area wit h s uch accesso ry buildings and structures as provided for in this Chapter , where the junk waste , discarded or sa l- vaged ma teria ls are bought, sold, exchanged , stored, bal ed, packed, disass embled or handled . (J) Purcha se Reg ister: shall mean A written record , on forms furnished by the City, on which i s k ept an accurate account and description of each and all of the articles p ur chased, t he price pai d therefor, and the time of purchase and the names • I • • • -16- 6-2 -2 • and res idences of the persons fr om whom such purc hases were made . GENERAL PROVISIONS -3- ALL AUTOMOBILE WRECKING YARDS AND JUNK YARDS EXISTING ON THE EFFECTIVE DATE OF THE ORDINA NCE AMENDING CHAPTER 22 OF THE 1962 ENGLEWOOD MUNICIPAL CODE , ARE RECOGNIZED AS NON- CONFORMING USES SUBJECT TO THE PR OVISIONS FOR NON-CONFORMING USES IN SECTION 22.6 OF ~HiS THE COMPREHENSIVE ZONING ORDINANCE UNLESS OTHERWISE PROVIDED THEREIN HERBIN , AND ARE SUBJECT TO ALL OTHER APPLICABLE CODES AN D ORDINANCES OF THE CITY OF ENGLEWOOD, COLORADO . NOT WITHSTANDING THOS E PROVISIONS I N SECTION 22-6-3 OF ~iS THE COMPREHENSIVE ZONING ORDINA NC E , 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. SUCH ACTION SHALL BE PERMITTED IF ITS PUR POSE IS TO INCREASE THE DEGREE OF CONFORMANCE WITH THE COM- PREHENSIV E ZONI NG ORDI NANCE 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 'JSE. ALL CON- STRUCTION OF EVERY NATURE AND SORT UNDER THIS SEC1ION SHALL BE IN CONFORMANCE WITH ALL ORDINANCES AND CODES PRESENTLY IN EFFECT OR IMPLEMENTED CONCERNING CONSTRUCTION, HEALTH , SAFETY AND wi:n :FAR"F. • I • • ( • (a) - (1 7) -4- UNDER NO CONDI TIO N OR I TE RPR ETA TION SHA LL ANY CONSTRUCTION INCRE ASE THE PERIMETER BOUNDARY OF THOSE AUTOMOBILE WREC KI NG YARDS OR JUNK YARDS IN EXISTANCE AS OF ~~~~~~~ (b) UNDER NO CONDITIO N OR INTE RPR ETAT IO N OF THIS SECTION SHALL THE CREATIO N OF ADDI TIO NAL AUT OMOBILE WRECKING YARDS OR JUNK YARD S BE PERM I TTE D. bi€ENSE REQUIREMENTS to Op e ra te Bu s in e s s . It shall be unlawful for any pers on t o o perate an AutoMOBILE Wrecking Yard or Junk Ya r d wi thin the City of Eng l ew o od, Colorado, without fir s t having obtained an Auto MOBILE Wrecking Yard or Junk Yard li ce nse ~e de ee AS REQ UI RE D BY TITLE I X OF THE '69 E.M.C. 6-2-4 Permit ~e E111r,ttfte REQUIRED TO MAKE CERTAIN IMPROVEMENTS. It shall be unlawful to excavate o r c onstruc t a ny build- ing or other structure, including accessory structures, i n or upon any Automobile Wrecking Yard or Junk Yar d er te etere aater~ttie, or to construct e ntr a nces t o parking lo t s o r to s u rf ace any ar e a, comm e nce the mo ving, struct u ral a l terat io ns, conversions , e x te n sions , e n largements, al teratio n or repair of stru ct ur es, in o r upon any Au t omo bi l e Wr e cking Yard or Junk Yar d un ti l t h e 8\t~ie~ftg ifte~eeter CODE ENF ORCEMENT DIV I SION has issued a Bui lding Permit therefor. (a ) NO BUI LD I NG PERMI T SHALL ISSUE UNTIL THE APP LI CANT HAS OBTAINED A CURRE NT AUTO WRECKI NG YARD OR J UNK YARD LI CEN SE AN D ALL FEES HAV E BEE N PAID • • I • • -18- 6 -2-5 \ • • -5- Procedure. (1) ~fl THE applica t ion for a Building Permit shall be accompanied by two (2) copies of a plan or p la t drawn to scale showing the f ollowing in sufficient detail to enab l e the Building Inspector to ascertai n whether the proposed exc av ation, construction, re- construction, eP conversion, moving or a l teration is in conformance with the provisions o f this Chapter . (a) THE LO CAT ION OF THE AUTOM OBILE WRECKING YARD OR JUNK YARD. (b) A VICINITY MAP SHOWING ADJACENT STREETS AND THE ZONING OF THE SUBJECT SITE AND THE A~ JACENT AREAS. (c) The actual shape, proportion, dimensions, and topography of the site where s uch proposed changes are to be made and a ll pub l ic easements and rights-o f-way; and satisfactory evidence that actua l c orners o f the lo t a re shown and are estab lished on the ground by a certified survey made by a registered land surve yor or engineer, such established corners to be marked in pins set in concrete . (d) 6eftePal Sftft~~ftPY ftfte THE PROPOSED storm drainage system which shall be subject to appro val by the Director o f Public Works. (e) The shape, size and lo cations of all buildings or other structures to be erected, altered or mov ed and any buildings or other structures existing on the lot and o f the storage areas. • I • • In M 6-2-6 • - (19) -6- (f) The existing and intended use of all such buildings, eP etheP structures and land. information concerning the lot or adjoining lots as may be essential for determinin g tha t the provisions of this Chapter are being ob- served. (h) The location and width of the access road(s), (1) TliE PLAN FOR WATER AND SANITARY SEWER SERVICE. (j) Any other informa tio n as may be required by the Uniform Building Code or Fire Preven tion Code. Inspection of Automobile Wrecking Yards and Junk Yards. IT SHALL BE THE DUTY OF THE CODE ENFORCEMENT DIVISION TO ENFORCE COM PLIANCE WITH THE PROVISIONS OF THIS ORDINANCE AND ANY OTHER CODE, ORDINANCE, LAW OR STATUTE PERTAINING TO THE OPERATION OF AN AUTOMOBILE WREC K! G YARD OR JUNK YARD. (1) ,w-t~~.,.~ 'i'M -i~et~ '!ffl'ri-i +111.._ -t-tte -a'tt-t+le-M.-t-,, ~,e -k-e 1:mtf)e-e"t-i,e,ft!I e-f 'tl'tt-t~-i-e '\1/'r-eek-i,ng 'Y'ft'T'ds • I • • -20- 6-2-7 • - -7- with and shaii ha~e atttherity te ins~eet the ~tt!'- ehase re~ister as re~ttired hereift7 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 unlaw ful for any person to refuse THE INSPECTOR access to an Automobile Wrecking Yard or Junk Yard ~e ~he ifts~ee~er f or the purpose o f inspection, Loca tion, 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 AUTOMOBILE WRECKING YARD OR JUNK YARD SHALL BE IDCATED 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 aii t~mes GRADED, DRAINED and free from obstruction as fire lanes AT ALL TIMES , Btteh reeds mlu,t he ke~~ H~a8e8 aR8 8PaiRe8 a~ all ~imes7 • I • • In n ( ( • (b) • - (21) -8- Such a ccess roads s hall be provided as are necessary throughout every Automobile Wrecking Yard or Junk Yard t o al low for adequ ate health and f ire prot ection.fer the d~e~r~e~ ~fl wh~h etteh ttee ~e leea~ed~ Such roads shall be pro- vided according to the specifications herein- after set forth , and shall be approve d by the Fire Chief and the Director of Public Work (c) The min imum width for two-way access roa d sh al l be twe nt y -five (25) feet; for one-ay access roads, the minimum width shall be fift een (1 5) feet . Curves on all access roads shall have a minimum i n s ide radius of not l ess th an twenty (2 0 ) feet . (2) Ing ress and E g ress fr om Pu b lic Streets: The loca tion and size o f driveways leading to and from the public street to any Automobile Wr ecking Yardor Junk Yard shall be subject to the fol low ing 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 hydr a n t , catch basin, end of c urb radius at corners or propert y line o f a n intersecting street , (b) The width o f any driveway shall not ex c ee d ~wefl~y-H:¥e ~ge7 THIRTY-FIVE (35) feet mea sur e d along its intersection with the property line . • I) I • • In n • • - -22--9- 6-2-8 (c) No two driveways from the same use shall be within thirty (30) feet of each other measured along its intersection with the curb line. (3) Off -Str eet Loading Requirements: Off -S treet loading berths or facilities for off- street loading for any Automobile Wrecking Yard or Junk Yard sha ll be located wholly within the confines o f the fe nce surrounding the yard as re- quired herein . Sanitation and Fire P ro visio ns . (1) Water Supply : (a) An accessible , adequate and safe supply of ,s,e,4'~ potabl~ wat e r shall be provide d to every Automobile Wrecking Yard or Junk Yard. (b) All water supply faci lities, i.e., pipes, valves, outlets, shall be open to inspection by the Building Inspector or any other duly authorized person. (c) The development o f an independent water supply to serve any Automobile Wrecking Yard or Junk Yard shall be made only after express approval has been granted by the Department of Publ:ic Health of the State of Colorado. (2) Sewa ge 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 • D I • • In ( ( • • • (23) -10- laws and health regulations o f the City of Eng l ewood, County o f Arapahoe, Tri-County District Health Departme nt, and State o f Colorado. (3) Refuse Disposal : (a) The storage, co llection and disposal o f refuse in or upon any Automobile Wr ecking Yard or Junk Yard shall be so managed as to avoid hea l th hazards, rodent harbora ge, in- sect-breedi n g areas, accident haza rds or air pollution. (b) No materials or wastes shall be deposit ed in o r upon any Au tomobi l e Wr ecking Yard o r Junk Yard in such f orm or manner that they may be transferred of f the premises by natural caus es or forces . (c) All materials or wastes which might cau se fumes or dust or which may be edi ble or otherwise attract r odents or insects shall be stored outdoors only in closed containers , (4) Fire Pro tection: (a) All areas shall be kept free of litter, rubb ish and o ther f lamm able materia ls , (b) Fire extinguishers shall be maintained, the number, kind and location o f which shall be approved by the Fire Chief. • I • • -24- • • • • -11- General Regu l ations . (1) Every Automobile Wrecking Yard or Junk Yard shall be enclosed on its perimeter with a solid, non- transparent vertical wall or fence with a minimum height of six (6) fee t and a maximum of twelve (12) feet measured from ground l eve l. Every gate for any such yard shall be o f solid non-transparent construction of new or used material in "i e&Somri:rry- good condition. Each such g at e 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 fe nce. 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, junk or any other materials whatsoever which shall be visible above the sttrrettnding er required perimeter wall or fence and the gate or gates from the ground l eve l. (3) The said operations shall BE CARRIED ON WITHIN THE PERIMETER WALL OR FENCE AND shall not encroach upon or use any area etttside ef aferesaid fenee er waii THE PUBLIC RIGHT-OF-WAY FOR THE STORAGE OF VEHICLES OR PARTS THEREOF; NOR SHALL ANY VEHICLE BE DISMANTLED OR WORKED ON OUTSIDE OF THE PERIMETER FENCE OR WALL. • I) I • • ( • • • ~~OJ -12- (4) The storage of any junk or aut omo biles shall be ( conducted in a safe manner. • (5) Every use shall be so operated that it does not emit any obnoxious or dangerous degree o f noise, vibration, dust, heat, glare, radiation, f umes, gas or smok e beyond any boundary l ine of the si te on which the use is loca te d. (6) No burning o f automobile cushions, tires, upholstery, or automobiles shall be permitted . (7) Gasoline or oil shall be drained efld FROM ALL NON- OPERABLE VEHICLES WHICH ARE STORED OR KEPT WITH! THE AUTOMOBILE WRECKING YARD OR JUNK YARD AND SHALL BE stored in compliance with the provisions o f this Cod e governing storage o f inflammable liquids.~re¥ided (8) ALL advertising signs must COMPLY WITH THE PRO- VISIONS OF §22.7, SIGN CODE, IN THE COMPREHENSIVE ZONING ORDINANCE, ANO ALL ILLUMINATED SIGNS SHALL be so placed so as not t o create any injurious effect ey lie8hiflg er ey giere on any surrounding residential area s or to conflict with any traffic lights. 6-2-10 Management and Operation. (1) In every Automobile Wrecking Yard or Junk Yard, there shall be a designated office building in which shall be located the o ff ice of the person in • I • • -26- • • • -13- charge of said Automobile Wrecki ng Yard or J unk Yard. A copy o f this Ordinance shal l be p o ste d ther ein and a purchase register shall at all times be kep t in said office. (2) It shall be the duty o f the person in charge of ;t;he e f ere!!lttid tt!!les ANY AUT OMOBILE WRECKING YARD OR JUNK YARD, t ogether with the o wner or operator thereof, to: (a) Keep at the said plac e of b u siness, a writte n reco rd on f orms f u rnishe d by the City, on which he shal l BE giveN a n accurate account and descripti on o f each and all o f the articles purchas ed by hiffl, the price paid therefor, the time of p urchase , an d the names and residences o f the persons f rom whom such purch as es were ma de. This book shall be open t o inspection by authorize d represe ntatives of the City at any reason ab l e time . (b) Maintain the use in a clean, orde rly and sanitary c o ndition at all times. (c) See that the pro vis ions o f this Ordinance are complied with and enfo rced . 6-2-11 Variances and Modifications. The Board of Adjustment and Appeals s hall have jurisdiction and pow er to grant variances or, in specific cases, to modi fy the strict application of the provisions of this Chapter, provided the f ollowing conditions are met: (1 ) App l ications for variation or modification of any provision o f this Chapter shall be in writing upon • • D I • • ( ( • • • • (:.l7) -14- forms provided by the City. Public Notice of time and place and purpose of a Public Hearing upon such application shall be given by posting of the property affected for not less than fifteen (15 ) days prior to such Hearing, and by publishing such notice once in the official newspaper of the City at least fifteen (15) days prior to such Hearing. Such posting shall consist of a sign, prepared by the applicant and approved by the License Off icer, not less than three (3) fe et by four (4) feet in size, located four (4) feet above ground level :in a conspicuo us place, reading in letters intel ligible from the adjoining street right-of-way. The cost oi such Public Notice, as determined by the License Officer, shall be at the expense of the applicant and shall be paid at the time of application. (2) There shall be no unnecessary and substant ial hardship in applying the strict letter o f ~~eh THE provisions, p r ovided that no such variation or modification heretofore or subsequently authori- zed or existing shall constitute or be construed as a precedent, ground or cause f or any oth er variation or modification by the Board, and that such power to vary or modi f y shall be strictly construed as specifical l y enumerat ed within the j urisdiction of the Board . • I • • • • • • -2 8--15- (3) In the matter of g ranting variances, the Board shall first find that all of the fol lowing con- ditions are pres ent: (a) That the variance will promote public health, safety and genera l welfare, after giving reasonable consideration to the character a the District. (b) That the variance will do substantial justice to all and not just to the applicant for the variance , (c) That the plight o f the owner of the property f or which the variance is sought is due to unique circumstances existing on the property not created by the owner and not due to general conditions in the District in which the property is loca ted. (d) That the variance, if authorized, will neither weaken the gener al purpose of this Chapter nor the regulations prescribed for the District in which the property is located. (e) That the variance, if authorized, will not sub- stantially or permanently injure the appropriate use of adjacent c onforming property . • I • • ( • • • • • -29- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REC-ARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION . DATE : April 5, 1977 SUBJECT: Findings o f Fact: Hampden Professional Park Subdivision Plat RECOMMENDATION: Don Smith moved: Wade seconded : The Planning Commission approve the Findings of Fact on the Hampden Pro fess ional Park Sub - division, Case #31-76, as amended and attached. AYES : Jorgenson, Owens, Don Smith, Ed Smith, Tanguma, Wade NAYS: Parker, Pierson ABSENT: Williams The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission. --Ck(~/( ·,1 ~/? . -I,_ -/if Gertrude G. Welty Ulecording Secretary • I • • • • • - -30- CITY PLANNING AND ZONING COMMISSION CITY OF ENGLE WOOD , COLORADO IN TIIE MATTER OF CASE NO. 31-76, ) FINDINGS OF FACT, CONCLUSIONS, ) A D REC OMMENDATIONS RELATING TO ) T HE APPLICATION OF THE SUBDIVISION ) REGULATI ONS TO A CERTAIN PARCEL OF ) LAND IN THE CITY PURSUANT TO TITLE ) 12, CHAPTER 3 OF TIIE '69 ENGLEWOOD ) MUN ICIPAL CODE , ) The Preliminary Pl a t of the Hampden Professional Park, which is the subjec t of Case #31-76, was considered on October 19, 1976, and a Public Hearing was held in connection with Case No. 31-76 on Janu ar y 4, 1977, in the City Council Chambers at the Englewood City Hall. On February 23, 1977, th e City Planning and Zoning Commission voted to reopen the Public Hearing relative to Case No. 31-76 . The Rehearing on Case No. 31-76 was held on March 8, 1977, also in t he City Council Chambers at the Englewood City Hall. Those members of the City Planning and Zoning Commission who were present during the Public Hearing were: Mr. Jorgenson, Mr . Ow e ns, Mr. Parker, Mrs. Pierson, Mr. Don Smith, Mr . Ed Smith, Mr . Tanguma, Mrs. Wade and Mr. Williams. No members were absent. At the conclusion of the Public Hearing on March 8, 1977, a motion to deny the approval of the Subdivision Plat was made by Mr. Williams. Those members of the City Planning and Zoning Commission who voted in favor of the motion were: Mr . Jorgenson, Mr . Owens, Mr. Parker, Mrs. Pierson, Mr. Ed Smith, Mr . Tang uma, Mrs . Wade and Mr. Williams. Mr. Don Smith voted against the moti on . No members were absent, and no members abstaine d from voting , At the next regular meeting of the City Planning and Zoning Commission on March 22, 1977, a motion was made to ap- p rove the Findings of Fact and Conclusions in Case No. 31-76, which motion received no second. A mo tion was made by Mr. Ed Smith and seconded to reconsider Case No. 31-76. Those persons votin g in f avor of the motion to reconsider were : Mr. Owens, Mr. Don Smith, Mr. Ed Smith and Mrs . Wade. Those persons who voted in opposition to the motion to reconsider were : Mr. Park e r, Mrs. Pierson and Mr. Williams. Those persons who were a bs e n t : Mr. Jorgenson and Mr. Tanguma. The Chairman ruled t h a t the motion to reconsider had passed . • I • • ) - -31- FINDINGS OF FACT Upon review of the evidence taken in the form o f testimony, presentations, records , reports, filed documents and the minutes of the meetings of the City Planning and Zoning Commission at which the Hampden Professional Park Sub- division was consider ed, the Commission makes the following Findings of Fact. 1. That an application f or approval of a Subdivision Plat, to be identified as Hampd en Professional Park, was filed on October 12, 1976, on behalf of R. P. R . Brothers, Ltd., Thomas J. Regan, President, having offices at 460 South Marion Parkway, Suite 154, Denver, Colorado 80209. 2. That R. P.R . Brothers, Ltd . holds a contract to purchase the land which is the subject of this application from Larwin Multihousing Co rpor ation, 16255 Ventura Boulevard, Encino, California 91436, and that Larwin joins in the platting . 3. That the land which is proposed to be platted is described as follows: Commencing at the South one-quarter corner of said Section 35 ; thence N 0 °11' 47 11 E and along the West line of the Southeast one-quarter of said Section 35, 90.00 feet to the point of beginning, said point being on the North line of East Hampden Avenue; thence on an angle to the left of 90 °14'04" and along said North line and along a curve to the left having a radius of 796.00 feet, a central,_ angle of 20 °39 1 58", an arc distance of 301.00 feet to a point 30.00 feet Northerly from the South line of the Southwes t one-quarter of said Section 35: thence S 89°15'19" Wand parallel with s aid South line 337.68 feet to a point 30.00 feet Easterly from the West line of the East one-half of the Southeast one-qu arter of th Southwest one- quarter of said Section 35 ; thence N 0 °09'38" E . and parallel with said West line 650 .20 feet; thence S 89 °50 1 22 11 E. 207.70 feet to a point of curve; thence along a curve to the left having a radius of 160.88 feet, a central angle of 36 °00'00", an arc dist ance of 101.08 feet to a point of reverse curve ; thence along a curve to the right having a radius of 196.50 feet, a central angle of 39°50 1 44 11 , an arc dis ance of 136 .65 fee t to a point of tangency; thence s 85 °59 1 3811 E and along said tangent 36.79 feet to a point of curve ; thence along a curve to the right having a radius of 186.50 feet , a central angle of 44 °09 1 15 11 , an arc distance of 143.72 feet to a p oint of compound curve; thence a long a curve to the right having a radius of 114.00 feet, a central angle of 29 °01'11", an arc distance of 57.74 feet to a point of tangency; thence S 12 ° 49 1 12 11 E and along said tangent 70.79 feet to a point of curve; thence along a curve to the left having a radius of 183.00 feet; a central angle of 65 °13 1 40 11 , an arc dist ance of 208.33 feet to a point of tangency; thence S 78 °02' 52 11 E and along __ _ • I • • • - -32 - sai d ta n ge nt 5 4.10 feet t o a point o f c ur ve; t h e nce along a c urv e to the l eft h a v ing a radiu s of 506 .00 f ee t, a central ang l e o f 16 °50 1 04 ", a n a rc dista n ce of 148.67 feet; thence S 0 °41'18" E, 96 .96 feet to a p o int o f curve ; thence along a cu rve to the le ft having a rad iu s o f 177.9 3 feet, a central ang l e o f 1 5 °3 4 1 3 0 ", an arc dista n ce o f 48.37 f eet to a point of re v e rse curv e; th e n ce a long a c urve t o the right having a radi us of 387.76 fe et, a cen t ra l a n g le o f 16 °13'31" an arc d ist ance of 109.81 f ee t t o a p oin t of ta n ge ncy· the~ce s o 0 02'17" E and along said ta nge n t 60.00 fee t to~ point on the No rth line of Eas t Ha mp d e n Avenu e; thence s 89 °57 '43" wand a long said North line 371.16 feet to th e point of beginning· c ont a ining 12 .276 a cre s, mo re or l ess . ' 4. That a t a me et ing o f the C i ty Planni ng and Zoning Co mmission on Octobe r 19, 197 6 , a mo t ion was mad e by Mr. Don Smith and seconded b y Mr. Parker, to approve the Preliminary Pl a t o f th e Hampden Profession a l P ark Su b division subject to t h e f ollowing conditions: (1) The size of e ach o f t h e propo se d lots s hall be no less than 24,000 squar e f e et, th e minimum area which is required f or most of the Permitt e d Uses in the R-3 Hi g h Density Residenc e District. If a hi g h-densi t y residential dev e lopment is proposed, two lots could be combined to meet the 42,000 square foot minimum lot ar e a requirement . (2 ) The proposed 50 f oot right-of-way through the c e nter o f the su bje ct site will be dedicated as shown on t h e Pr e limin a ry Pl a n and a name for that street shall be deter- mined and i t shall be so ide ntified on the Final Plat. (3 ) In order to provide for access for utili ty ser v ice , e a sements o f a width of no less than ten feet (5 ft . on each side) sh all be e stablished along all side and rear lot l ines . (4) The nece ssary land will be dedicated for East Girard P l ace t o make it a 60 foot rig ht-of-way rather than the existing 4 0 f oot width. (5) A drainage pl a n shall b e included as a part of the Fina l Pla t . Such dr a ina ge plan shall meet the requirements set b y t h e Dire c t o r o f Public Works. (6) Ther e shal l be c ompli a nc e with all of the provisions o f §12-3-26 o f the Subd iv ision Regulations in pre- parin g the F in a l Plat. Those me mb ers vot i n g in f avor o f the motion were: Mr . Jone , Mr . J o rge n s on, Mr . Parker, Mrs . Pierson, Mr. Don Smith, .tr. Ed Smi th, Mr. Ta n g um a and Mrs. Wade . Those members voting against the mo tion : None. Those members who were absent: Ir . Williams. • I • • ( ( - -33 - 5. That a Final Plat was pr e pared pu rsuant to §12-3-26 and §12-3-27 of the Eng lewoodJColorado Subdivis ion Regu la tions, Title 12, Chapter 3 o f th e '69 Englewood Municipal Cod e, as ame nded, and the conditions imposed upon the Prelimin ary Pl at were met. 6 . That a Public Hearin g was held on Ja nu ary 4, 1977 and a rehearing was held on Ma r ch 8, 1977, to consider th e Fina l Plat o f the Hampd en Prof ssional P ark Subdi v ision, identified a s Case No. 31-76 and th at du e Notice wa s gi ven of those Hearings , 7. That the area be ing considered in Case No . 31-7 6 is identified as Phases 8 and 9 in Exhibit "A". a gen era l de- v e lopment plan attached to and made a part of a Su b div ision Waiver approved by Commission Resolution No. 8, Seri s of 1972 as recorded in Book 2069 at Pa ge 29 in the o ffice o f t he Arapahoe County Clerk and Recorder. 8. That the l and, descr ibed a s fo llows, wh ich was the subject o f Resolution No. 8, Series o f 1972, was a nn exed to the City of Englewood by Ordi n ance No. 1 7, of 1962. The SW 1 /4 SE 1 /4 of S e ction 35, Town ship 4 South, Range 68 West EX CEPT those p ortions described in Book 789 at Page 548 and in Book 1143 at Page 497; AND the E 1 /2 SE 1 /4 SW 1 /4 of Section 35, Townsh ip 4 South, Range 68 We st, EXCEPT t hos e port ions described in Book 657 at Page 30, in Book 662 at Pa ge 299, and in Book 1143 at Page 497. 9. That th e City of Engle wood z oned the land f or business use by Ordinance No. 23, S e ries of 1963, and by Ordina nc e No . 26, S eries of 1963 , and tha t these a ctions wer e inva lidated by Di strict Court Decree and t h e la nd reverted to R-1-A, Single-f amily Reside nce . 10 , That the land was t h e n z o ned R-3-A, Multi-famil y Residence by Ordinance No. 28, Series of 1967. 11. Tha t J. J. Carey came into p o ssession o f the land which was to be la ter covered by Resolution 8, S er i es o f 1972, on January 2, 1 968, and, purporting a d esir "to develop and impro ve the above described r eal property into an attractiv e and desir ab l e urban community ar ea", prepared and recorded, on that sam e date , a Decl arat ion o f Pro tective a nd Re strictive Covena nts which provided that "Any resident ial development on all or part o f the above describe d real property shall be limit e d to, and may n o t include mo re than 1500 r es ide ntial units." 12 . That sa id Restrict ive Co venan ts run to the City Planning a nd Zoning Commission of th e City o f Englewood, a n d • I • • • - -34- may be enforced only by said City Planning and Zoning Commission, and that said Restrictive Covenants may be waived, a mende d or otherwise cha n ged by said Commission. 1 3. That J. J. Carey did n o t execute the plans for developm e nt he had ex hibi ted at the time h e was discussing the z oning of the land and that th e land was la te r sold to Larwin Multihousing Corpo rati on. 14. That after having purchased t he 55 acre tract which had been the subject of the Carey application, Larwin filed an appl ication f o r approval of a Planne d De velopment on the subject site on J un e 8, 1972, toget h er with a request for a Wa iver t o the requ irement f or Pl atti n g said site, because it was to be developed as a Planned Development under the pro- visions o f §22 .4A, P l anned Deve lo p ment Distric t , of the Com- prehensive Zoning Ordinance . 1 5 . That Larwin Mu l t i housing Corporation withdrew the applica tion for Planned Development after reaching an un- derstanding with the administration that the s it e could be de- veloped as a uni t under the provisions o f a Subdivision Waiver, §l2-3-3(b) o f the Subdivision Regul at ions o f the City of Englewood . 16. That on October 17, 1972, the City Planning and Zoning Commission is s u e d a Subdivision Waiver to Larwin Multihousing Corporation by Resolution No. 8, Series o f 1972 and that certain conditions, identifi e d as Attachment "8", and a plan ident i fie d as Exhibit A, a "g eneral development plan" were attach ed to and made a part o f the Subdivision Waiver, which Waiver is recorded in Book 2069 beginnin g at Page 29 in the o ff ice o f the Arapahoe County Clerk and Re - c order. 17. That t he ge neral development plan divided the site into nine "phas es", e ach phase to be developed with multi- f amily dw e lling units totalling 1500 dwelling units in all, t he internal access to which units was by way o f private road- ways which did not meet the standards of §12-3-40 and §12-3-41 of the Subd ivision Regu l ations . 18 . That Build ing P ermi ts were issued to Larwin !l!u ltihousing Corporation to construct 368 dwelling units in Phase I a nd 239 dwelling units in Ph ase IV, as ide ntified in the genera l development plan. 1 9 . That sai d Waiver was subj ect to t he conditions attache d thereto an d was to cease its effectiveness at such time as the prese nt owner (Larwin Multihousing Corpo~ation) or a ny successor in title fails to continue to comply with sa id conditions, and that the Commission has the authority to amend said Waiv e r. 20. That at no time, was this matter acted upon o ff ici a lly by the Englewood City Council • • I • • ( - -35- 21. That Roy J . Pogue, Vice Presid ent o f L arwin Group, Inc . 16255 Ventura Boul evard, Encino, California, told the City Planning and Zoning Commission on January 20, 1976, t hat Larwi n did not own either the land or the bu i ldings in Phases I and IV, and that Larwin i s i n the process o f liquidatin g their assets throughout the Uni ted States because Larwin secured a large amount of unsecured obligat ions and fe ll into defaul t . 22. That Mr. Pog u e was told as a represen tative of Larwin, that 1he entire site would have to be subdivided, which direction was reaf f irmed in a letter t o Mr . Po gue dated July 16, 1976, a t the direct ion o f t h e City Planning and Zo ning Commission. 23. That having t hus been informed that the de v elop- ment which was the subject o f Resolution No . 8, S e ries of 1 972 , would not be completed, and no effort was t o be mad e by Larwin to plat the land, it was det e rmined that the position would be taken that the division of the property into nine phases is de facto by virtue o f the Subdi vis ion Waiver, and that any f urther division o f one o r mor e of th os e phases would have to be accomplish ed in accordance with Article II of the Su bdivision Reg ulations, and that it is within the au thority gran ted to the City Planning and Zoning Commission t o so pr o ceed. 24 . Tha t throughout the many years of consideration of the property describ e d above in Finding of Fact No. 8, both the City and the r e sidents and property owners we r e o f the opinion that the appl ica nts acted in good faith and woul d com- plete the proposed developments . 25, That the land was zoned R-3, Hi g h Density Re sidence by Ordinance No. 52 o f 1975, which District permits development consistent with the hi g h concentration o f persons and l and valuation, including high-density r esi den tial types of structures as well as various in st i tution s and o ffices f or the us e of professional pu r pos es . 26. That the area of the Hampden Professio nal Pa rk Subdivision i s approximately 12 acres, inc ludi n g perimeter and internal street right-of-way a nd that the Su b di vision would plat the land previously identified as Phases VIII and IX o f the general develo p me n t plan into tw o blocks, Block l ha ving e ight lots and Block 2 having seven lots, each lot containing one-half acre or mo re in area. 27. That t h e Final P la t o f the Hampden Pro fessional Park Subdivision is in compliance with §12-3-2 6 and §12-3-27 of the Subdivision Regula t ions. 28. That Mr. John We lles' testimony reveals that the re would be a substantial incre ase in traffic as the Subdivision is proposed and Mr. J. D. Willis indicated that it would be essentially un f easible to d e velop structures in ex cess of two stories in view of the off-street parking requirements • • I • • - -36- CONCLUSIONS 1 , That proper public notice was given o f the Public Hearing which was held on January 4, 1977, and of the Rehearing, which was held on March 8, 1977. 2 . That the application f or approval of the Subdivision Plat identified as Hampden Professional Park applies to Phases VIII and IX of the general development plan, identified as Exhibit A, which is attached to and a part of a Subdivision Waiver issued to Larwin Multi-housing Corporation by Resolution No . 8, Series of 1972, at a meeting o f the City Planning and Zoning Commission on Octobe r 17, 1972. 3 , That the approval of the Hampden Professional Park Subdivision Plat would alter the genera l development plan a pproved by Resolution No . 8, Series of 1972 . Re sidence , 4, Tha t the subject land is zoned R-3, High De nsity 5. That the R-3, High-Density Residence District, adopted by Ordin ance No . 31, Series o f 1972, permits high density residential development as well as oth er specified us e s, including pro f essional o f fices . 6, That the powers of the City Planning and Zoning Commission are those granted by Statute, City Charter and Ordinance and in no instance has said Commission been delegated t he authority to make legislative decisions as to zoning, that authority being held only by the City Council , 7. That the City Council did not act on the applica- tion of Larwin Multihousing Corporation f or a Subdivision Waiver and therefore it cannot be interpreted that the conditions identified as Attachment "B" in Resolution No, 8, Series of l9 72, constitute "zoning" of the land which is the subject of that Re solution. 8 . That th e City Planning and Zoning Commission, u pon determining that the plans of both J. J. Carey and Larwin Multihousing Corporation have necessarily been aborted, and t hat it is in the best interest o f the community to amend the P r otective and Restrictive Cove nants and the Subdivision Waiver, do e s have the authori t y to waive , amend or otherwise change both the Protective and Restrictive Covenants, recorded in Book 1740 at Page 753 and Re s olution No. 8, Series of 1972, as record e d in Book 2069 beginning at Page 29. 9, That the Final Plat of the Hampden Professional Park Subdivision is in compliance with Title 12, Chapter 3 of the '69 Englewood Municipal Code, otherwise known as the Sub- Division Regul ations, and that the area of the lots would comply with the minimum lot area requirements of the Comprehen- sive Zoning Ordinance, • I • • n ( ( ( • • -37- 10. That a quorum of the Commission was present and the motion to reconsider Case No. 31-76 was in order . 11. That the following motion was made, seconded and approved at the meeting of the City Planning and Zoning Commission on March 22, 1977: 12. That in order to alleviate traffic problems , the City Planning and Zoning Commission finds it necessary to reduce the height of buildings to be constructed within the Subdivision to two stories. Don Smith moved: Ed Smith seconded: The Planning Commission recommend to City Council approval of the Hampden Professional Park Subdivision, as set forth in Case #31-76, with the follow- ing conditions made a part of the approval: (1) Buildings in the development of Hampden Professional Park shall not exc eed two stories . (2) All development of th e Hampd e n Professional P a rk Sub- division shall be accomplished under a Plann d 0(:ve lopment . (3) If the Hampden Professional Park Subdivision is developed with professional office buildings, the fo llowing definitio n of "Professional Office" shall be enforced throughout this development: "Professional Office : Th e office o f a person engaged in any occupation, vocation, or calling , not pure ly comm ercial, mechanical, or agricultural in which a professed knowledge or skill in some department of cie nce or learning is used by its practical application to the affairs of oth ers, either advising or guiding them in serving their in te rest or welfare through the practice of an act founded thereon, such as medical doctors, dentists, attorneys-at-law, architects or engineers ." AYES: Don Smith, Ed Smith, Wad e , Ow e n s NAYS: Pierson, Parker ABSENT: Tanguma, William s, Jor gens on The motion carried . • I • • • • \ • - -38- RECOMMENDATION Therefore, the City Planning and Zoning Commission re commends t o the City Council o f the City o f En g lewood, Colorado, that the Final Plat of the Hampd e n Professional Park Subdivision , submitted by R . P.R. Brothers, Ltd ., 460 South Marion Parkway, Suite 154, Denver, Colorado 80209, be approved subject to the cond itions attached thereto . Upon the vote o f the Commission on a motion made at a Regula r Meeting of the City Planning and Zoning Commission on the 22nd day o f March, 1977, the f ollowing members voted to recommend approval o f said Fina l Plat ; Mr. Owens, Mr. Don Smith, Mr, Ed Smith and Mrs. Wade. Those members voting against the recommendation: Mr . P arker and Mrs. Pierson. Those members absent: Mr . Jorgenson, Mr . Tanguma and Mr. Williams. By Order of the City Planning and Zoning Commission . -' ~d ,/' fl , \._,4~ LJ .,, -,',c/ / / /4~ Judith Beggs 'Piers~, Chairman ~J v City Planning & Zoning Commission • I • • ( • - -39- MEMORANDUM TO TIIE ENGLEWOOD CITY COUNCI L REGARDING ACT ION OR RECOMMENDATION OF THE CITY PLA NNI NG AND ZONING COMM I SSION . DATE: April 5, 1977 SUBJECT: Alternative Solu t ions -Auto Shre dding Oper atio n RECOMMENDATION: Tanguma moved: Jorgenson seconded : The Planning Commission r e comm e n d to City Council that th e followin g alterna t ives be considered in the search for a solution to the shredding operation on West Oxford Av e nu e. 1. The City of Englewood should petition the Ci t y o f Den v er to grant Denver Metals an ext e nsion of time for the opera- tion of its shredding plant in De nv e r . 2. During this extension period, t he City o f Englewo od, with other interested jurisdict ions, search for an alternate location for the auto shr e d der . 3. That an effort be made to loca t e f unds to reimburse Denver Metals for the ir unrecove rable cos t s expen d ed in the con- struction o f the Oxford Avenu e site . 4. That to prevent similar problems f rom a ri sing along the South Platte River, t h ere b e a j o i nt effort b y t he various jurisdictions to develop long range p l ans and imp l e mentatio n programs for the joint d e v e lo p ment o f the P la tte River Valley. 5. That in the eve nt the s hredd i n g operatio n co n t inues at its pre sent location, ther e b e n eg o t i at ions wi t h Denver Metals on the possibility o f a s p e ci fied l e n gth of t i me they will occupy the subj ect site . AYES: Parker, Pierson, Don Smit h , Ed Sm i th , Tanguma, Wad e , Jorgenson, Owens NAYS: None ABSENT: Williams Th e motion carried . Respectfully submitt ed , By Order o f the City Planning and Zoning Commission. • I • • O_ ( • - E GLE\,OOD PUBLI C LIBRARY BOARD Ap ril 12, 1977 4 C The Eng l ewood Publi Library Board met f o r its r egular meeLing o n April 12 , 1977 in the l ibrary conference r oom. Pre sent: Absen t: Beav r, Clay Lo n, Muell r, St erling Cl o ughesy, Lighthall , Quaintance, Sh at uck Al so Present: Har riet Lut e, Director of Librari s Ca r o l Perni cka , Seer tary t o th P Board Kathy Ya r mo ski Katry Yarmos k i , a field worker from the University o f De nver Grad ua t e School n f Librarianshi p , wa s introduc ed to th e Bo a rd . Althoug h a qu orum wa s not present, th e meeting wa s b egun at 7 :40. Mrs. Sterling be gan the r e po rt o n the Co l orado Library Association's Trustees and Citiz e n s mee ting held on Mar ch 31. Th wor kshop began at 3 :30 and was designed t o inform Trus t ees o f wh a t wa s goi ng on and make them aware of the p r oblems facing lib r aries. Th ere was a pane l t o show the difference begwee n libr a ry boards, th e planni n g agency, a nd fr i ends g roups, th e gro up to ca rry out t hos e plans. Ann e Marie Falsone, the Sta t e Librarian, was a s pea ker at th e wo rksh o p. She t o l d the Trustees tha t th ey shou l d be aware, info r med, and t alk to th e ir l eg isl a tor s about library matters. Mrs. Bennett arrived at 7:4 5. Mr. Beaver t old t he Boa rd about the evening program for th meeting. One of the items stressed wa s th e ways in whi ch mon e y can be saved through coo p ration b tw een libraries , because of th e pr evention of the duplicati o n o f mat erials in d1tferen L librarie s . Mi ss Lut e ex pla ined to th e Board th e bu dge t for th e Sta t e Library as cu rrently itemized in th e Long Bill befo r e th e Colorado Legislature. ShP also said that l e tt e rs were sent to Repres entatives Di tt emo r e, Fo wl e r , and R~0ves t e lling th m of the mee ti ng o n Ma r ch 31 a nd inviting them t o alt nd o n b hall of th e Lib rary Board. The meeting was ca ll ed t o orde r at 8:00 and a quorum de c lared present. Mr s. Mue ll er th e n r ead a l etter from Mr . Qu aintance dir ec t e d t o Mayor Taylor e xplaining the r easons for hi s resi gna tion from th e Library Board . Mrs. Bennett mo ved, secon ded by Councilman Clayton , that th e Board accept th e r esigna ti on wi th r egret. The motion was approv e d unanimously. The mi nutes of the March 8 meeting wer a cepted as mail ed . Mr s. Bennett then repo rted on th e Central Co l ora do Library System Coun c il meeting o f March 15. Sh e said that th e posit i o n pape r on system procedures wa s tnble<l i ndefinitely. The State Librarian will wr ite a pr amble statement of a guid~linP type wh ich the sys tems will have a n o pp o rtunit y t o r evi w before it is submitl ~d for ap prova l. The paper will be o f a phil oso ph ical nature and th e systems wil 1 be fr e to es tabli sh th e ir own procedu r es and po licies . • I • • tnglewood Public Library Boa r d April 12, 1977 page 2 - Ihe Counc il also dis c ussed th e Eng lewo od Libr ary's withdrawal from recipro ca l ,ef~r ence se rvice. Miss Lute poin t e d out a t the meeting that Englewood had been giv ing a bo ut half o f its r efere nc e service, at a cost of $31,000 annually, to nonresi dents, a nd that while Denve r Public Library is paid for reciprocal reLc,·ence serv ict, no other library is. No action was taken on t he matter beLduSe iL was an in f o r mation item only , but it will be discu sse d again at the ~ounc il 's n xt meeting. Mr~ Ste rling th e n r e ported o n th e Fri e nds of Lh e Eng lewood Library 's activities. ,t the Exec utive Board mee ting on Apri l 11, it was decided to work o n a r eading 11st [o c hildren with the school libraries. A book review group will begin in thl' fa ll. It will discu ss various topics suc h as Co lorado and lo cal hist ory, Indi an folk l o re, tc . Th e succe ss of the Fri e nds' banana split wa s discuss ed , and the fact that i t was sold out as we ll a s the po pul a rity of th e bookmobile, which was in Cind e r e lla City at the Fountain for the occasion. The Friends g3ve $100 to Fa rrell's for th e ice cream , and ne tted $395 on the sale. They will con t in ue their social ac tiviti e s s uch as th e Sons o f th e Des e rt during the sunune r, but no business meetings will be held until aut umn. Mis s Lute then Lold the Board tha t a l etter had been received f r o m the Planning and Zo ning Commissio n. They plan t o r vie w t he Comprehe nsive P l an fo r the City and wo uld like a me mber o f the Library Board t o serve on the Public Facilities a nd Drainage Co mmiLL ee. It was decided that a memb r of the Board would be ap pointed at a later da t <! to se rve o n the commi ttee. M1ss Lute t o l d tl1e Board that Dorothy Romans, wh o gives tours of t he city iacilities on Saturday mornings using Lh e hors ecar, has asked if the Library Buard would be interested in taking su c h a t our. The Board ex pressed an in t e rest, and decided to pick a da t e for a t ou r at their next meeting. Miss Lute then discussed the library statistics. She poi nted out to t he Board thac the forma t had been changed to enable th e sta t istics t o show mo r e clearly variou s libr ary activities. The ci rculat ion was high for the mo nth of March, l'sp,.c ially in th e library. The bookmobile librarian, Adeline Cza rny , was on vaLation f or three weeks in March, a nd this is probably the reas on wh y the l>,,,kmobi le's circu lation was slightly less than March, 1976. The to t al circulati o n for the month is the highest it has been for any month since March, 1973, The [Mt;'s , while or iginally serving ab out one-third adults and t wo-thirds chi l dr en , nuw nas about one -third children and two-thirds, adults. This reflects the fact thJL the y a r e becomi ng more community-oriented. Ei~ht scul ptur shave bee n c hecked out and s e nt to the State Lib r ary for a display ne xt week in the wind ows at th e Denver Department Store for National Library Week. They will be marked as c oming from the Englewoo d Pu bli c Library , wh ere they ar e availa bl e for l o an. • I • • ( • Eng lewoo d Pu b lic Li b rary Bo ard Ap ri l 12 , 1977 page 3 • The number of r e f e r ence questi o n s ans wer e d was a bo ut 1/3 le s s t han l ast ye ar, pro ba bly be caus e th e libra r y is n o t d o ing r e f e r e n ce s e r v i ce f o r n o nr es i d ents o f Eng l e wo o d. Denver, Littl e t on, J e ff e rs o n Co unty , and Douglas a ll ha d t hP h ighcs r e c ip roc al borrowing fr o m the En g l e wood Li b r a ry that they hav e h a d in t hr pa. t fif t e e n months, howev e r, s o i t i s p os s ibl e t h at they are n ow c hec ki ng ut h e bo o k s t o do t heir own refe r e n ce wo rk, alth o ugh this ca nn ot be p r oved. The at t e ndance at th e c hildr e n 's prog r ams was 350 % hi ghe r th a n ha t f o r the mo n th o f March, 1976, with ab o ut th e same n umbe r o f p rog r ams , a nd th e numb •r of ad u lt s a tt e nding meeting s s h o we d a 20 % i n cre as e . Th e u sag of t he library co n fe r e nc e room for adult prog ram s ha s been b roke n down t o r eflec t t he vari ous k i nds of library sponsored prog r ams , f i l m s e r ies a nd Fr i e n ds activ i t ies, 3nd t he o th e r adult meetings . Als o , th e library's o u t s i d e programs have b ee n mo r e cl a r l y ide ntifie d. Miss Lute told the Board that th e "Missy" s l ide/tape s ho w did no t win th e J o hn Co tton Dana award. There being no further busine s s , th e mee ting was adj o urned at 9:40. • Res pec tfull y submit t .d, ( !u ctCL#A/1'-L{t_{)_) Ca r o l A. Pe r nic ka Sec r e tary t o the Boa r d I • • ( ( • - Firemen 's Pension Board Minutes of April 14, 19 77 Meeting The Firemen 's Pe nsion Board of th e Ci t y -of Englewood met on April 14, 1977 at 6 :30 p.m. with Board Members Blumenthal, Giseburt, Hartley, Ward a nd James pres ent . Board Me mber Taylor was absent . Also present was City Attorney Bera rd ini and Brad Place , Raus c her Pierce Securities Corporation. Board Mem b e r James stated the first item on the agenda fo r this meeting was a review by Brad Place of some of the items the Board needs to take up in the near fu ure concerning a policy on investments . Th e Board agreed to meet a t 6:30 p.m. on May 4 , 1977 at Rauscher-P ie r ce t o r e view a r e port o n investment policies t o b e agreed upon by the Board. * * * * * * * The Boa rd received notice that Da r old Forema n will be a pplying for disability retirement. BOARD MEMBER GISEBURT MOV ED TO TABLE DAR OLD FOfEMAN'S RE QUEST FOR DISABILITY RETIREMENT UNTIL APRIL 28 , 1977 AT 7 :00 P .M. Board Member James seconded the motion, a nd the mo tio n passed by a unanimous vote. Board Member James was direct e d to co nt act the Fire Chief t o see if Darold Foreman could be assigned co another job on a temporary basis until his disability r etirement request was acted upon by the Board . Board Member James noted that Dar o ld Fore man would be o ut of sick leave during the first week in May, 1977. * * * * * * * City Attorney Berardini presented matte rs relating to th e law suit filed by the City against th e State for fund ing of the Fire Pension Fund . He requested that th e Board join in the suit with the City. BOARD MEMBER GISEBURT MOVED THAT THE ENGLEWOOD FIREMEN'S PEN SION BOARD JOIN WITH THE CITY OF ENGLEWOOD IN THE SUIT FILED AGAIN ST THE STATE TO RECEIVE FUNDS OWED BY THE STATE TO THE FIRE PENSI ON FUND. Board Member Ward seconded the motion, and the mot ion passed by a unanimous vote. * * * * * * * There being no further business, the meeting was adjourned at 9:45 p.m . • I • • n ( • • - E GLEWOOD PARK S & R ECRE ATION COMMIS lO N Minute s of April 14, 1 977 The r egular monthly meeting of th e E nglewood Park s & Recreation Co mmi ss io n was called to order by Jack Poole , vice chairman, at 7 :35 p. m. in the Parks and Recreation Office. Members present: Hewitt, Poole, Howard, Brown, Cushing and Rom a ns, ex officio Members absent: Mann and All e n Also present: Jerry Roythe r , Asst. Dir., Parks & Recreation Gary Havener , Ass t. Dir., Parks & Re creat ion Carol Gifford, Int e rn from UNC Christine Nicoloff and Linda Smith, Students from Metro Sta te Chris tine Nicoloff and Linda Smith, s tudent s from Metro State Co ll ege wh o were present to observe th e workings of a parks and recreation commission we r e in- troduced. Carol Gifford who is serving he r e internship in the Eng lewood Park s and Recreation Department was also introduce d. Cushing moved, Howard seconded, that the minute s of th e February 10, 1977 meeting be approved as mailed. Motion carried. (March meeting was cancelle d) The financial reports for January and Fe bruary were revie wed by Mr. Royther . The expenditures a nd income are both fairly standard for thi s point in time. For the benefit of the g ue s t s present, Mr. Romans gave some of the backg round of the River Redevelopment Project, how it relates to what the City of Den ve r i s doi ng along the Platte and how the South Suburban trail syste·m will meet with the trail system being developed in Englewood. The City of Englewood at thi s time is negotiating with the Winslow family for th e purchase of the remaining land to be developed on th e e ast side of the river. The new upda ted appraisal of this land shows an increa se of approximately three hundred thousan~ dollars. Mr. Romans will keep the Comm iss io n informed on the progress . • I • Pa rks & Re cre a tion Commissi on Minutes of April 14, 1977 Page -2- - The Little Dry Cree k Storm Alt e rnates w r e furthe r d i s cussed and Mr. Roma n s s a id that th e departme nt ha s s ome concern with t hese various alte rnates s ince it d s involve park areas . Mr. l3rown s ta te d th a t C ity Cou ncil i s waiting to see what hap pe n with the Ho ll y Dam before deciding o n what type of prote ction will be ne eded for E ng le wood. T he Comm i ssion member s s uggested th at Mr. Tom Young, the e ng in eer working o n t hese plan s, a tte nd the next Commission mee ting to furth e r e xplain the d iffe r e nt alte rna tes and a n s we r questions th e me mber s mig ht have . Mr. Ro man s will contac t him to see if he would be available for this meeting . T he pla ns for th e Annual Recreation Council dinner were discus sed . The r e c ommendation from the s ta ff i s that the d inne r be he ld in late Se ptember so the youth council could be appointed for terms to coincide with the school year -September throug, Jun e . Al so, that the Co mmiss ion make all arrangements for the dinner because th e Re cre ation Council is not as act ive a s it has been in the pa s t. Cushing moved, Brown second ed, that th e Commission accept th e r e commendation of the staff. Moticn carried. A com mittee will be appointed at the next meeting to work on t he dinner arrangements. The ground bre aking ceremony for E l s ie Malle y Centennial Ce nt e r will be he ld April 23 at 10:30 a. m. The bid s for the center we r e r e ceived at a lower fi g ure that th e estimate s and City Council has approved the contractor. Work ha s alre ady s tarted a nd the openin g s hould be in October 1977. Mr. Ro ythe r reported that a s urvey ha s been put togeth e r that will be dis- tributed t o all senior citizen groups in the area as well a s individual s , asking them what t ype of programs they want incorporated in th e c e nte r wh e n it is finishe d. llarold Ru s t and Blanche Ha r vey have been appointed to th e Senior Citizen • • I • ( • Parks & Re creatio n Commission Minutes of April 14, 1977 Page -3- • • Advisory Committee and th e ir appointment has been approved by Ci t y Council. The terms for the members were dete rmined at th e meeting he ld April 14. These term , are rotating one, two and three years. Mr. McCl e lland ha s moved out side of E nglew ood and will need to be replaced on the Committee and suggestions for replace me nt will be presented to the Commission by th e Committee in the near future . Mr. Romans reporte d th e renovation of the golf course clubhou se ha s moved forward on schedule and should be ready by Jun e . It was suggested that t he Jun e om- mission meeting be held at the Clubhouse if possible . The City Council is reviewing the Six Quarter Budget for January 1 977 - June 1978 and results will be reporte d to th e Commission at th e ne xt meeting . Mr. Romans informed th e Commis s ion that th e Coun ty Commissioner s wi ll hold a hearing concerning the auto shredder operation being built on Oxford A ve n ue and the Ci ty Manager has suggeste d that someon e from th e Commission be prese nt t o voic e opposition to this business being built s o close to the river r edevelopment project. Mr. Poo le s aid he would attend this hearing repre se nting th e Commission. Mr. Hav e ner reported that t he re are now 50,000 plants and 32 0 trees planted at the ne w city nur sery. He said th e twenty-six flower beds in city pa r ks will planted this summer with over twenty-five differe nt varieties of plants fr om th e greenhouse . I le invited the Commission to atte nd th e open house to be held at t he gree nh ou e from :00 - 3:00 p. m. on May 3. Mr. Royther reported that s wim pool sea s on passes will be di s continue d be - cause of the many problems connected with this system and in s tead a discount ticke t booklet method will re used. The staff i s s tarting to work on the 1978 budget and the ommissio n wa • I • • • • • • Parks Recreation Comm i ssion Vlinutes of April 14, 1977 Page -4- askect that if th e re were any programs they would like added, deleted, etc. in the budge t to please let the staff know. Mr . Hewitt gave a brief report on the seminar for boards and commissions held in Che yen ne attended by Mrs. Allen, Mrs. Howard and Mr. Hewitt. He said the board training sessions were beneficial and th e tour o f the Cheye nne recreation facilities inter esting . There was more discus s ion concerning having a member of the Commission atte nd the regular meetings of the Planning Commission. Mrs . Howard said she had received a call from a citizen concerning hi s fee ling there is too much emphasis placed on competition in elementary school sports. Mr. Royther said he would check this out. The meeting adjourned at 9:30 p. m. • ( I) I • • In n ( • • • Englewood Wa ter Board Regular Me etin g April 19 , 1977 5 A The ~eeting was called to order at 5:00 p.m. by Vice -Chairman Schnackenbe r g , Members present: Schnacken berg, Best , Ullery, Taylor, Gibson. Members absent: Babcock, Mann, Sovern, Hayes. Also present: Charles Carroll, Dire ctor of Utilit ies , Items number one and two were deferred on the expec tation that more board members would arrive. Ill, EXTENSION OF LEASE/PURCHASE AGREEMENT WITH COO RS OVER BO RE AS PASS WATER RIGHTS Mr. Carroll stated that the current agreement expires May 9 and he recommended a six months extension to give the City t i me to con sider a new proposal from Coors. This proposal contains the f ollowi n g provisions: l, A lease of 20 years with renewal opt i on and r ight o f fi r st refuaal on sale of the water rights, 2, Coors to pay $5.00 per acre foot of yield annually, with a minimum of $500 , 3. Coors to operate and maintain the diversion ditch a t th eir expense. 4 , Coors to improve the yie ld at their e xpen se; an d pay Englewood $5.00 for each additional acre fo ot of y ie l d , 5. Coors to have right to direct wa t er ba ck into th e Blue River basin for exchange purposes . Di scussion ensued on the merits of s uch a pr oposal , wi th the main advantage appearing to be th e assumption th at En glewood would rec eive a higher price i n a sale of the rights a fte r Coo rs ha s im proved t hem , at no cost to Englewood. Ms. Ullery moved; Mr, Taylor seconded: The motion passed unanimously, That the Board recommend to the Ci t y Council a six months extension on the Lease/Purchase Agreement with Coor s over the Boreas Pass Water Rights, • I • • !l - - • • • - -2- IV. SUPPLEMENT #8 TO THE GREENBELT SANITATION DIST RICT CONNECTOR AGREEMENT Mr. Carroll presente d a petition for inclusion of 10 acres in Greenwood Vi lla ge , into the Gr eenbelt Sanitation Distr i ct. One 2.5 acre parcel is zoned B-1, and one 7.5 acre parcel is zoned R-2.5. Mr. Carroll said that there are no pending rezoning re~uests or s ubdivisi on plats on t he subject ground. Dis cus s ion ensue d on the Board's concern in granting inclusion of land that is in specu lation and that has no definite plan for development. Gr an ting this "blank check" approval could result in the City having l im ited control over allowing taps for a higher density in the future, shoul d tha t occur af ter the land is taken into the sanitation district. Ms . Ullery moved; Mr . Bes t seconded: The motion passed unanimously. That the Board r eco!llllend the City Council approve Supplement #8 to the Gre enbelt Sanitat i on Distr ic t connector agreement, provided that the Distr i ct agree to a stipulation that, should the land be zoned to a higher density, sewer service will be provide d only upon a mutually acc ep table re si dential-e qu i valent density on the property. V. SUPPLEMENT #53 TO SOUTHGATE SANITATION DISTRICT CONNECTOR AG REEMENT Mr. Carroll presented Supplement #53 , which the Board had discussed twice previously. The earlier concern was that, if approved as pre- sented, the City would have had to accept a possibly higher density in the future, without much control over accepting the higher sewage flows. Greenwood Village, Mr. Carroll noted, has indicated that the zoning r e cently ap proved for the proposed Town Center Development Planned Uni t Development would remain as a covenant on the property shoud this development fail. Mr . Mann entered and was s eated at 5:25 p.m. Mr. Gibson moved; Ms . Ullery seconded: The motion passed unanimously. That the Board rec011111end the City Council approve Supplement U53 to the Southgate Sanitation District Connector Agreement. II. SELECTION OF A BOARD MEMBER TO THE PLANNING COMMISSIONS' COMPREHENSIVE PLAN REVIEW COMMITTEE ON PUBLIC FACILITIES AND DRAINAGE Mr. Schnackenberg had earlier received a letter from Judith Pierson, • D I • ( • • • -3- II. (Cont,) Chairman of the City Planning and Zoning Colllllission, asking the Water Board to appoint a member to the Public Facilities and Dra i nag e Review Colllllitte e , char ged with assessing the state o f those facilities as the y may relate to the current or a revised Compr ehensive Mast e r Plan. Mr. Taylor moved; Mr. Mann seconded: That Mr. Charl e s Bes t be appointed t o serve on the Compr e hens i ve Plan Review Conrnittee. Th e motion passed unan imous ly. VI, SUPPLEMENT #1 TO CHERRY HILLS VILLAGE SANITATION DISTRICT CONNECTOR AGREEMENT Hr. Carroll presented supplement #1, which involve s the Highline Park Subdivision, an area not included in the original district for - mation although it li es in the center of Cherry Hills Vill age , The area is known as th e Kent-Denver Country Day School, and is cur- rently served by its own treatment plant which discharge s into Gr een-wood Gulch, Mr. Gibson moved; Ms, Ullery seconde d: That the Board recomm e nd the City Council approve Supplement #1 to the Cherry Hills Village Sanitation Di s trict Con- nector Agr eement, The motion passed unanimously, VII. WATER DISTRIBUTOR CONTRACT WITH WINDERMERE WATER USER'S ASSOC, Mr. Carroll presented a distributor contract for serv i n g an 8,35 acre parcel of ground i n Li ttl e ton, but adjacent to Englewood along the west side of S. Windermere n ea r West Be lleview. The land to be served is zoned Industrial and water demands are expected to be nominal. On th e 2 acre tract, a caretaker residence wi ll be the only d emand; and th e 6.35 acre tract, adjacent to Bi g Dry Cr eek , pres e ntly needs no water but could i n the f uture, Mr. Carroll rem inded the Board that this matter was r aised last year, at which t ime th e City r eq u ired the Water User's Association to pay the entire cost o f a 10" wa t er main ex t e n si on to his property as a condition o f service, Th e Association has paid the City $25,000 against the cost of the Ci ty putting i n the line s oon; wi t h the under s tanding that he wi ll pay ac tu a l costs when the job is com plete , Ms. Ullery moved; Mr, Best seconded: The motion passed unan imo usly. That th e Board recorr.nend th e City Coun cil approve the Distributor Contract with 1/indermere lfa ter Us e r's Association , • I • • • • • • -4- VIII. TA P-ON AGREEME NT WITH VALLEY SANITATION DISTRICT !fr . Carro ll pr esented a Ta p-On Agre ement with Valley Sanitat i on Uis tric t that i nvolves a commercial de ve lopment known as "Pride", l ocate d i n the 2700 block of Wes t Belleview in Lit t l e ton. Three l aps uould be r eq uire d for a 75 s ea t restaurant, and ge ne ral retail s t or e s . En g l ewoods t ap fee woul d be i 4500 , Mr . Gi bson mov e d; Ms . Ul lery seconded: That the Bo a rd r e commend the City Council approve the Tap-On Agreement with the Valley Sanitation Dis tric t Conn e ctor Agreement. The motion pass e d unanimou s l y . IX. APPEALS TO THE NEW MCLELLAN RES ERVOIR POLICY Mr. Carroll presented several lette rs he had received from local colleges and the diver companies the City forme rly permitted to use McLellan for diver training . In each case, the diver companies, A-1 and Midwest, stated that they conduct classes for local colleges, a nd thereby should be permitted to u se th e reservoir. Mr . Taylor mov e d; Mr. Best seconded: That the City aff irm its policy to prohibit any private businesses from using McLellan Reservoir. The mo tion passed unanimously. I . ELE CTION OF CHAIRMAN AND VICE-CHAIRMAN Mr. Mann mo ved; Mr . Bes t seconded: The motion passed unanimousl y . The re-opening of nominations for Chairman. Mr . Gi bson was also nom i nated , and Mr. Schnackenberg was elected on the sec ond ballot. Ms . Ullery mo ved; Mr . Taylor seconded: The motion passed unanimously. X. BOARD MATTER That Mr. Gibson be elected Vice-Chairman by unanimous vote. Mr. Schnackenberg brought up the fact that Mr. Hayes had written to the Board on March 9, asking for a month or so leave of absence to resolve som e personal matters. It was the Board consensus that Mr. Carroll should write to Mr. Hayes and ask if he can give a def- i nite date when he can resume attending Board meetings, preferably by the ne x t meeting. • I • ( ( • • • - -s- XI. DISCUSSION OF ALTERNATE lf2 WATER IMPROVEMENT PROGRAM Discussion ensued on public informat~on and other aspects of Alternate 112. Several Board members continue to show concern for the elderly and low income home owners who may wish to convert to a meter but can't afford to. Ms. Ullery moved; Mr. Gibson seconded: The motion passed unanimously. That the Board request the City Council, during their deliberations on Alternate #2, to consider having the City assume the cost of the conversions at change of ownership and occupancy; and for vol- untary conversions; and, that such costs be included in the bond issue, The meeting adjourned at 6:30 p.m. Respectfully submitted, ,.~ nM1i \~ ~ t / \· J ('" )/ Jeffrey stiultz Recording Secretary • I • • .... \ • DATE: SUBJECT: • • • MEMORANDUM TO THE EN GLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD April 19, 1977 EXTENSION OF LEASE/PURCHASE AGREEMENT WITH COORS OVER BOREAS PASS WATER RIGHTS RE COMMENDATION: That the City Council approve a six months extension on the Lease/Purchase Agreement with Coors over the Boreas Pass Water rights, Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By1,..,..~~-:-~~-:----,-~~.....,.,,-...,-...(l Werner Schnackenberg, Chair n Attachment 11 • D I • • ( In .,.._ n - - { • DATE: SUBJECT: • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL RE GARD ING ACTI ON OR RECOMMENDATION OF TH E ENGLEWOOD WATER AND SEWER BOARD c 5ai,·, April 19, 1977 SUPPLEMENT UB TO THE GREENBELT SANITATION DISTRICT CONNECTOR AGREEMENT RECOMMENDATION: That the City Council approve Supplement #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, s ewe r service will be provided only upon a mutually acc e ptabl e residential-equivalent density on th e property, Respectfully s ubmitted, ENGLEWOOD WATER AND SEWER BOARD By: ~ Werner Schnackenberg, Chairman Attachment 1}2 • I • • In n • • DATE: SU BJ ECT: • • • MEMORANDU M TO TH EE GLE WOOD CITY COUNCIL RECARDI 'C ACTIO OR RECOMMENDAT ION OF THE ENGLE OOD 'ATER AND SEWE BOARD April 19, 1977 SUPPLEMENT f,53 TO SOUTHGATE SANITATION DISTRICT CONNECTOR AGREEMENT RECOMMENDATION: That the City Council approve Supplement f,53 to the Southgate Sanitation District Connector Agreement. Respectfully submitted, ENGLEWOOD WATER AND SEWER BOARD By: M Werner Schnackenberg, Chai~ Attachment #3 • I> I • ( ( ( • DATE: SUBJECT: • • ,· • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD April 19, 1977 SUPPLEMENT j}l TO CHER RY HILLS VILLAG E SANITATIO N DIST !U CT CONNECTO R AG REEMENT RECOMMENDATION: That the City Council approve Supplement ul to the Cherry Hills Village Sanitation Distr ict Connector Agr eeme nt. Respectfully submitted , ENGLEWOOD WATER AND SEWER BO AR D By: ___ _ Werner Schnackenberg, ChairmMi .... Att achment 1 4 • I • • • DATE: SUB J ECT : • • • MEMORANDUM TO THE ENG LEWOOD CITY COUNCIL RE GARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATE R AND SEWER BOARD ( Ap ril 19, 1977 HATER DIST RIBUTOR CONTRACT WITH WIN DERMERE WATER USERS' ASSOCIATION RE COMMENDATION: That the City Council approve the Distributor Contract with the Windermere Water Users' Association. Respectfully submitted, ENGLEwOOD WATER AND SEWER BOARD By: ~ Werner Schnackenberg, Chairma&i .,,.- Attachment !15 • I) ) I • • In n ( • ( • DATE: SUBJECT: • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACT IO N OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOAR D April 19, .. 1977 RECOMMENDATION: TAP-ON AGREEMENT WITH VALLEY SANIT ATION DISTRICT That the City Council approve the Tap-On Agreement with the Valley Sanitation District Connector Agreement. Respectfully submitte d, ENGLEWOOD WATE R AND SEWER BOARD I' () • J By: ~ Verner Schnackenb e r g , Cha irma~ Attachment it 6 • I • • n • DAT£: SUB JECT: • • MEMORAN DUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RE COMMENDATION OF THE ENGLEWOOD WATElt AND SEWER BOARD ( April 19, 1977 ALTERNATE #2 TO THE WATER IMPROVEMENT PROGRAM RE COMMENDATION: That the City Council, during their deliberations on Alternate v2, consider having the City assume the cost of the conversions at change of ownership and occupancy; and f or voluntary conversions; and, that such costs be included i~ the bond issue, Respec tfully s ubmitted, ENGLEWOOD WATER AND SEWER BOARD By:~~~~~~~~~~~~-4: Werner Schnackenberg, Chairma Attachment /;7 • I • • In n ( ( .. - MINlJIE S Boa.rd o f Career Service Corrrri s i o e rs April 21 , 1977 PRESENT : J udi th B. Henning , J o Ellen 'furner , William Hanson , Robe rt Br dage and Ed Whi e ABSENT : on e OI'HE RS PRESfil ~T : Ri c hard A. I.orig , Margaret Freeman , Ch ck Carro l , P.ichur Edison , Karen Brantley , Richard Brantley , An a f•!ikese::.1, Barbara Penney , Carolyn Bo ettger , Henry O' 11 , Manual Alcar:tar , Gary D1ep,e , Gene Macrander, Bob Richardson , Ray Hink e. Vi rgil Mason , Fred Wilson , Ken Shattuck . · • * * * Corrrnis s i oner Henn ing asked f or any additions or c or rections on the Minute~ from the March 24 th ~eting . HANSQII MJVED AND WHI 'IE SECONDED THAT THEY BE APPROVE D AS M.I\I IED. Ayes : Henning , 'furner , Hans on , Brundage , hh ite ays : None * * * * 'Ihe first i tem on the agen da was t he Hearing o f Henry O'Dell . 'Ihe City w represented by Richard I.orig and Mr . O'Dell represented himse L . Henry O'De ll stated that he didn 't f eel tha t the misunderstanding was hie fault . He didn 't' have a f or e man and he needed some one t o help him out a little . H•. aske t hat Mr . Alcantar s peak for himself on t he matter. f·1:lnual Alcantar related that on May 1 6 , 197'.:>, Albert Johannes reti red d his p ositi on was l e ft vacant . The following l'bnday Henry O'Dell t o l d him he w u.!J be fore man , but he was not paid foreman 's pay un t il a fte r he went the EEOC . r. indicate that he was not aware of any f orms made out by the Personnel Off~ce CY. h1n regarding the foreman 's posi t i on . He was s en t a supervisor 's course by Cr..: { Carro 1 , Di rector of t he Ut ilities partITEn t . Richard Lo rig presented a time chor onology of events in the Alcan ar ma t e r . He indicated tha t t he EEOC corrplaint f iled against the City na.I!Ed the inci dent of 2/1/73 which was as a resul t o f recla s sification . The Leadworker position ul timately came out a t Grade 4 and the Traffic Le a clw orker in Parks caITE out at Grade 5 . Alcantar f iled his corrpla1nt. The City received notifica i on on January 25, 1974 ; alnost 12 months after the original inc i dent . At that point the Utilities Dcµartment in main tenance area had three supe rvisors , all termed for eman ; Albert Johannes , Ke n &iattuck and Fred Wilson . In that fraITE , there we re two leadworkers--Man ual Al cantar and Clifford l'brgan . 1'1.lnual was working f or Albert Johannes . I • • In I Ir., • On JLU1e 6 , 1975 , A bert Johannes retired and was not physically working during tne rror th of May uue to physical disability . 'Ihe pos ition was left vacant , and 1-1:,., fina ly rerroved from the 1976 budget . 'Ihe City had no real contact with i.ZOC LU1til 1975 . Prior to that they received notification of investigation , and in December there were two investigators in the Personne l Of fice taking ma erial for their investigation . In talks to Manua l he stated to the investigators that tllere was a mee ting in which he was told that he was in c .arge . Mr . I.orig indicated that in the Foreman po sition you are looking at 11 particular points as far as p ann1ng t he work of others and how to accanp lish it and budgetary pJ,,nning . In the Lea worker position it is his respons ibility t o make sure a particular project he is wo rking on is being done . Investigations done by Mr. Carroll and Richard I.orig and other investigations which were conducted later from b1dividuals interviewed , indicated that the individuals felt they were receiving i-,.Lanning direction fran Manual Alcantar . Charges from EEOC were sent to the City in Feb ruary , listing no t only the acting position problem , but also regarding r acial slum ma.de toward f'/ianual Al cantar , which the City had not been aware of LU1til that time . When Ken Sha tuck retired, his position wa s also left vacant with no rep.1.ace rent . Mr . I.o rig and Chuck Carroll did internal investigations during the early part of March and sent findings to the City Manager . Primary points were the 3.ct.:.ng roll and derrogatory remarks . 'Ihe City did not hear from EEOC until May of 197b regard1ng negotiations on terms that had been sent in February . l'-h'. I.orig rret with Kathleen Jackson at that point and went through the items that had been introauced previously . Internal investigations were done by the City f·lanage r who interviewed the list of individuals . 'lhe pril 13 , 1977 , letter sent t o the Career Se rvice Board f or their examination is a redraft of w at was done by the City Manager last summer . 'Ihe City also talked to !'i'd.s s Jackson in regard to the derrogatory remarks and the basis for them . 11e investigation done by t he City on the comrent "You can take your clothes off the ine like o ther flexicans ." It was a ttributed to Mr . O'Dell . .!n the matter of t he Conc ilia tion Agreerrent , the City Manager f e lt t hat Manual Alcantar should ge t acting pay no matter what EEOC decided because the duties he was doing warranted that of the acting pay . Conciliation agreerrent in January of 1977 gave a cash settlerrert on the acting position and because of the derrogatory remarks resu ted in issuing a statement to all errp loyees regarding racial slurs and derrogatory coiaa=nts and the penalti e s forthcoming from them . • ·J'. I.orig further stated that there was a meeting of the City Manager , Bernie l.3er·' 11".i., i<e ls '1aggone r and Chuck Carroll reganding the reprimand f or Mr . O' 1 . ..:in..:e i·~. 0 ' l 's personnel recoro showed nothing o f this in t he past , the City .·::.r.a r iss ed a written reprimand to Mr . O'Dell . !•Jr . L::>rj,g .f'urt"le r stated that all the pe rsons interviewe and referred to in the /,._rll :3 etter we re in attendance at tonigtit 's meeting. He indicated t hat the dc.c_:;ion ;;a:, , r ima.rily on the testirrony that said he would receive the position an t.hat the issue o f acting pay and an individual who had not received it was finite y jw;tifled . Cc:mn1.,,sicner Brlll1 ge asked if t here was any proof that Mr . 0 ' Dell had used a racial s ur o r if it "as earsay . 317 • I • • r ( ( • - Mr'. I.orig stated that t he individuals interviewed by Mr . Mccown had s t ated they heard Mr . O' 11 make tne comrent . Chairman Henning asked lilr'. Carroll if he had any comnents to add o Mr . Lorig ' s chrcnology presentat i on . Mr . Carroll s ate that r.:r . I.orig had put it very accurately r egarding he c!-,.. nolo ,: as he can recall ne events . Chairman Henning asked Mr'. O'Dell if he had a copy of the e!ll)loyee handbook . Mr'. O'De ll indicated that he did have a copy of the errployee handbook . Chairman Henning asked Mr . O' 11 if he had read the handbook and was aware of the provisions in it regarding the acting position . Mr'. O' De 11 stated that he had read the handbook , but that he was going according to the de s cri ption of the Leadman and not putting Mr . Alacantar in the position of ac ting foreman . Chairman Henning asked Mr . O'Dell if he recalled making any derrogatory remarks to Mr . Alcantar's face . Mr . O'Dell said that he didn 't make them . Sorebody else did and he was accused of r:iaking them . Commissioner Brundage asked Mr . O'Dell if when he asked Mr . Alcantar t o take charge if he was put in charge o f rrore people than he had previously been responsible f or . Mr'. O'Dell indicated t t Mr . Alcantar was uupervising mo re people than he had previously been . Chairman Henning asked Mr . Richa.rtis on if he was present . Being present she asked him if he f elt Manua Alcantar was in a posit ion of Leadman or acting foreman . Mr . Richardson indicated that he f e lt Mr . Alcantar was definitely acting in the foreman 's p osition . Chairman Henning asked Mr . Richa.rtison if he recalled anything Mr . O'Dell said regarding Mr . Alcantar being in charge . Mr . Richa.rtison indicated that he heard Mr . O'Dell tell Manual Alcantar to "take his clothes off the line like the other ~xicans" and told them that Manual Alcantar was acing orernan and they were t o take their orders from him . Cnairman Henning asked Mr . Hinkle how he r ecalled the situation . Mr . Hinkle stated that he recalled it the sare as Mr . Ri chardson had stated. Chaim.an Henning asked Mr . Hinkle if he rererrbered how long Mr . Alcantar was his foreman. Mr . Hinkle indicated that it was o ver a period of seve r al rronths but couldn't recall the exact dates . Conmissioner Brundage asked Mr . O'Dell if the EEOC interrogated him regprding this matter . Mr . O'Dell replied that they had . 318 • I • • • - 00! :r.:rssm{t::R BRtr.mAGE f.DVED AND J O ELI.EN TURi-.JER SECONIED THAT THE REPRIMAND ON HEi1HY O'IELL REMAL~ II HIS PERSONJIBL FIIE . .ne r.,ot i on carr:l.ed . Ayes: Henning , Turner, Hans on , Brunclage , White , ays: None * * * * * * 'lhe next item o f business is to set a date for the grievance hear:l.ng of Jim i!o ffbauer . i•h,. Lorig stated that the City is ready to go ahead on this matter at the next neeting. Mr . Hoffbauer indicated that he would be ready by the next meeting . Cha irman Henning indicated that the next meeting of the C~er Service Board would be May 19th and asked if it was agreeable to hear the grievance of Jim Hoffbauer at that time . After discussing the matter the Board decided to hear the grievance of J im Ho ffbauer on May 19 , 1977 . ****** The next item of business was regarding the reclassification o f the positi on of Chief Building Inspector . Mr . Lorig indicated that the position will be vacant on May 1 with the retirement of William Brokate . Richard Wanush , Director of Corrrnunity Development , asked him to o a review regarding reorganization of his own structure in roving some of the environrre tal inspection activities to housing and urban redevelopment . When going tim:i ugh the roposed Benchmark , this positi on created problems in the fact that it was one of the positions that was reclassified downward . He indicated that he aid the description according to the Benchmark Classification procedure and also according to our current system and they came out the same . Both programs put the osition in a lower level than it currently is . I•lr . Lorig stated that we are in the process o f recruiting f or the position and thus i t was necessary to gp throU@l reclassifying and putting it in its proper prospective . Cv:nr.i sioner Brundage stated that he would rather see us start off with a Leval 10 an if under the new system it shows up as a Gr ade 11 , then change it ; rather than otart ing a t Grade 11 and end up do..mgrading the position after someone is hired for :!.t . ::;J;'1MISSI0NE R TUR:IJER riDVED AND COMMISSIONE R BRUNDAGE SECONIED THAT THE PCSITION OF C!tlli oUILDil G L'JSPEC'ID R BE RECLASSIFIED FROM GRAIE 11 'ID GRADE 10 . The mt.ion carried . Ayes : Henning , Turner , Hanson , Brundage ays: White Margaret Freen13.11 stated that do..mgrading the position would make it unattractive for any errployee to even atterrpt to apply for it. 319 • I • • - . Chairman Henning asked wnich of the enployees would be e gible for the position. Mr . Lorig indicated that other inspectors, Grade 7 . He indicate that Richard Wanush has already submitte the plan to Mr . Mccown to have he departmen chaneed . l•lr . Gene Macran er stipulated that he felt that the position shoulo rerrain a Grade 11 and the salary be kept as it is . He indicated that there is a lot of respon - sibility with the po sition . Since 1959 there are rrany rrore duties , codes and ordinances to enforce . If responsibilities lessene d then he feels that the downgrading would be feasible , but with the presen duties and responsibilities in the job , he feels it is worth a Grade 11. Chairman Henning asked if any restructuring will be acconplished before the posi;;lon is filled. Mr. Lorig indicated that it would . Chairrnan Henning indicated that the best ti!TE to reclassify a position is wh en it is vacant , since it i s tmfair to advertise the pos ition at a higher aroount when it rray be downgraded . Mr . Macrander asked Mr . Lor1g if he had any idea when the reorganization of the pos ition and the department might come about . Mr . Lorig stated that as f ar as he knew , the only thing they were waiting f or was a definite decision from the City Manager . He stated that hopefully the reorgani- zation would be accorrplished by mid-May . ****** The next item of business was to discuss the probationary per1od for persons hired between July 1 , 1976 and D=ce rrber 31 , 1976 . At the March 24th meeting the Board requested a list of all ersons a ffecte d by the change from the 6-rronth probationary period to the 1-year probationary period . Mr . Lor1g indicated one addition to the list which was previous ly given he Board , being Manual Alcantar who went into a supervisory positi on in 1976 . 'The ones with he asterisk beside there nal!Es were persons hired within this per1od and who had tne one -year probationary period indicated on their original personnel action. He stated that paper work will be initiated for those on the list and they will receive peI'!l'anent status without increase after six rronths of errployment ; this will affec bo h new hires and prorrotions within that ti!TE . l\lr . Lorig stated that the reason favoring the one-year probationary period was that it would give e loyees rro tirre to prove themselves and if they were having prc.blems , rrore ti!TE to get them ira,ed out. 'Ihe six-rronth review will be continued so hat all e loyees know where they stand an the problems can be pinpointed a tnat ti!TE , giving them another six rronths t o work them out . Since the City is going to give all those on the list the ssibility of pe GI1e:1 ~ta. • at the six-monti1 level , no further a t on from the Board was eemed necessary . ****** The next item of business was regaroing the reclassification of Engineering Aide III to a) City Surveyor and b) Engineering Inspection Supe rvisor and elimination of the Engineering Aide III and Field Engineer from t he classification system . 3 20 • I • • • - Mr . I.orig indicated that the original request crure down from Gary D e because o f tile changes within the division . He has been here since Dece nber and is looking for some changes within the Uti ities and Engineering functions . :-:r . Jiede presented a breakdown of the position structure f or the Engineering .,epartnent and indicated why he f elt it was necessary to eliminate the Field Engineer and Enginee ring Ai e III positions and replace them with the City Surveyor and Engineering Inspection Supervisor positions . He indicated that the 1..,ity Surveyor position requires a lan surveyor license alla..iing him to give rofessional advice to the City on 1 descriptions , and will be a Grade 8. '}'he 81gineering Inspection ervisor position will remain a Grade 7; the same as t 1e Lngineering Aide III position was . COMM:[ SIO,ft:R BR\Ji~ AGE mVED AND COMHJ::'SIONER HAlJSm SECON DED 'IHAT THE POSITIOO OF E;JGINEERII G AIDE III i3E ff::C SIFJED TO 'lliE POSITION OF CITY SURVEYOR , GRADE 8 , Aim ENGINEERil~G I llSPECTIO;~ ~U c.RVISOR , GRAIE 7 . 'l'he notion carrie Ayes : Henning , 1 ner , Hanso , Brundage , White , ays: None Mr . I.orig indicated to the Board that a nx:ition was neede d to renx:ive the Engineering Aide III and Field t:ngineer positio from the classification system . OMMISSIONER TURNER !VDVED AND COMMI SIOr!ER HAH 00 SECOODED THAT THE POSITIO S OF ENGINEERil~G AIIE III A.ND FIELD EN GJNEE R EE RErvDVED FROM THE CLASSIFICATim SYSTEM . 'TI1e ITTJtion carried . Ayes : Henning , Turner , Hanson , Brundage , White l ays : None ****** "ine next item of business was the Enployees ' Associations . '.·'argaret Freeman , resident o f the Englewood Employee 's Association introduced the new president . She thanked the boa.rd for the open study sessions on the Benchmark ''l s ificatlon System and for allowing the enployees to be present for them. She :tated that she hoped the Board would consider the system and study it ITTJre thoroughly b•::fore adopting it . 'umnis siOJer Brundage indicated that it was not his intention to adopt Benchmark at L :.is meeting, just to find out what direction the Board wanted to take and what ..u.rection they srould start in . drea ~likesell , for11Er City enployee , read a letter to the Boa.rd regarding some of t::e problem, she was confronted with during her enployment with the City after she filed a grievance . 'lhe boa.rd requested a copy of the letter to be made a part of these minutes , and s ince she only had one copy she stated that she would make c opies an get them to the Boa.rd . To date the secretary for the board has not received a copy o f this letter , and thus they are not inc l ded in these minutes . ****** 321 • I • • ( ( • 'I - next item of business was the Personnel Director 's Choice . Appeal on Jeffrey Visconti : Mr. Lorig in icated that being this is a matter of discipline the board has 30 days f rom the appeal notice to hear the matter . He indicated that Mr . Visccnti will be re resented by counsel and tr.at the City w 11 be represented by the City Attorney . Discussion followed and May 16 all day was chosen as the date f or the hearin5 , with the 17th open if they needed the time . Tre Board decided that hairman Henning should l ook into the possibility of hiring a lawyer to represent them on matter o f evidence as to what is aomis ible and what is not . Mr . I.orig adv i sed the Board that personnel will be conducting t est ing for police officers on May 2 and 3 . Mr . I.o rig invited all to attend the groundbreaking for the senior citizens center on Saturday , April 23 , at 10 :30 a .m. * * * * * * 'Ihe next item o f business was Corrrnissioner 's Choice . Chairman Henning asked the board if they wanted more st dy sessions regarding the Benchmark system or if they felt they would like to have oore speakers cone in to talk to them about flenchmark . A~er discussion the board decided to hold more study sessions involving errployees , and set Tuesday , May 3 , at 7:00 p .m. as the date of the first session . It will be held in the Anderson Roan at the Police-Fire Building and they invi ed all errployees to attend . * * * * * * The next item of business was to declare the following positions vacant: a . Public Works (Traffic) -1) Traffic Maintenanceworker and 2) Maintenanceworker (2 positions); b . Parks -Golf Course Grounds Superviso r c . Utilities (Wastewater) -1) Chief Lab . Technician 2) Corrputer Programr.er Analyst 3) Electroni c ~cha.nical Technician and 4) Chief ~chanic d. Engineering -Engineering Aide I e . Conm.mity velop n t -Chief Code Enforcerrent Officer f. Finance -Jr. Acco t Cleri< COMMISSiaIBR WHI'IB l• VED A. HANSON SECONDED 'TO DECLAffi THE AOOV£ PQ5ITI0i S 'ACAJ, A;W 'TO OPi::.~ THEM FDR JI.PPLICATIONS . 'Ihe motion caITied . Ayes : ays : Henning , Turner , Hanson , Brundage, White None • 322 I • • • - "J.he next item o f business was to approve the Eligibility Lists: a . Law Enforcement Aide -Police Departrrent b . Communica tor -Police Departrrent c . H:!chanic -Public Works (Servicenter) d . Equiprrent Operator I -Utilities (Wastewater Treatment Plant) e . Jr. Accountant -Finance COl•WSSI Ot./ER bRUHDA GE !,OVED AND HANSON SECONIE 'IO ACCEPT 'lliE ELIGIBILITY LIST ;{ITH HE EXCEPTIO OF 'IWO POSITIONS BEING E UIPMENT OPERA'IOR I AND JR . ACCOUNTANT. Ayes : Henning , Turner , Hanson , Brundage , White lays: one The mot ion carTied . Pegarding the po· ition o f Equiprrent Operator I , because of an objecti on by Jarres ,ioffbauer who plied for the position and was not considered f or the position, tne board eci e that they would table accepting the Eligibility List for this po:;i ion un 11 they received a legal opinion from the City attorney as to an e. loyees recourse if he is not considered for the position . lhe position of Jr . Accountant was rejected since Mr . Frank D:>bbin s, city errployee , wrote a letter stating that he was not considered for the positi on , and since he id not recieve notification of the test , he fe lt he should be given an opportunity to apply for the position . Mr . D:>bbins is currently in a Grade 7 position and the J r. Accountant position which he would like to be considered for is a Grade 5. D Corrrnissioner Henning asked Richard I.orig to check into the valid reasons for rejection by EEOC and tie it together with a legal opinion from the City Attorney on this matter and present it at the May 19th mee ting of the Board . ****** 1he next item on the agenda was to accept tie Personnel actions as stated in the agenda . HAiJSON fvDVED AND BRUNDAGE SECONIED THAT THE PERSONNEL ACTIONS BE ACCEP'IED WITH 'lliE EXCEPTION OF JAMES SEAMAN , WHOSE SHOULD BE STRIKEN UNTIL 'lliE ELIGIBILI1Y LIST FOR EQUIP!'®!T OPE RA'I'OR I WAS APPROVED . Ayes: Henning , Turner, Hanson , Brundage , White i ays: None * * * * * * • 323 I • • - NEW EMPLOYEE.S: ( Carol L. Baker Law EnforcerTEnt Aide 3A -Police Effective 4/1/77 Susan Hansen Law EnforcerTEnt Aide 3A -Police Effective 4/1/77 Patrice Patrone Law EnforcerTEnt Aide Effect ive 4/1/77 3A -Police Bruce H. Iavis Corrrnunicator 4A -Police Effective 4/16/77 Steve Paine Maintenanceworker 2A -Parks Effective 4/16/77 Mike Austin Maintenanceworker 2A -Parks Effective 4/16/77 Jean M. Sanders Inteniediate Clerk-Typist lA ·-Public Works Effective 3/29/77 Patrick Jvedrano Apprentice ~erator 5A -Wastewater Effective 4/16/77 I Lawrence Burkett Wastewater Plant ~erator 5A -Wastewater Effective 4/16/77 fY"artin Jacinto Apprentice ~erator 5A -Wastewater Effective 4/16/77 J arTES Seaman Equipment ~erator I -Wastewater 4A Effective 4/16/77 /J.j IVERSARY INCREASES: D:>ugl.as essan Police Ofer . 2nd Class to 1st Class Effective 5/16/77 Paul Ferguson Supe rintendent lOB to lOC -Public Works Effective 5/16/77 Robert G. Reynolds Custodian -1A to 1B -Building Maintenance Effective 5/1/77 Linda Hastings Receptionist 1B to lC -Finance Effective 4/1/77 I • Betty Marchant Deputy Treasurer 6c to 6D -Finance Effective 5/1/77 ( 124 • • n • i ._,CiJISSIFICATIOil : huoert L. Hitchcock Jack D. Petty Pf-DJvDTIOi S : JOl:ll1 Tune Jay Babb ,nn i s Cooper f.enne th Woodard - Plant Ope r a t or to Chief Operator 6E to 7E Effective 4/1/77 Plant Operator to Chief Operator 6B to 7B Effective 4/1/77 Equiprrent Opr. to Leadworker -Parks 4A to 5A Effective 4/16/77 Maintenanceworker to Appr . Operator 2A to 5A Effective 4/16/77 Maintenanceworker to Equip . Opr . I -Parks 2C to 4B Effective 4/16/77 Maintenanceworker to Appr . Operator 2A to 5A Effective 4/16/77 ROBATIOlJARY 'ID PERMANENT STA'l'US : Cn arles L . Roden Jake Mc\fuorter Jerry Phelps Al ffVERSARY INCREASES DENIED : IV'tl.chael F . Christie RETI REMENT: ,,t4c,-ene W. RedrPan Andrew Binard Joseph Gatzerreyer Lab Technic ian -Police BA to BB Effective 5/1/77 Lab Technician -Police BA to BB Eff ective 4/26/77 Lab e chnician -Police BA to BB Effective /12/77 Traffic 2A Increase should have been effective 4/5/77 Equiprrent Ope uator I -Streets Effective "3/3/77 Plant Operator -Water Production Effective 4/1/77 Traffic -Maintenanceworker Effective 4/5/77 • I • • 325 - ( ( ( • PROGRESS REPOR'IS'! Iarold Fbrel!Bl'1 Loretta Schneider George Garnett Edith Romans Richard Welbourne .. - Fire Departrrent Public Works Parks Parks Police * * * * * * 'There being no further business , COMMISSIONER BRUNDAGE 1'0\/ED AND COMMISSIONER HANSON SECONIED THAT THE llEETWG BE ADJ OUaJED . 'The rroticn carried. Ayes: Henning , Turner , Hanson , Brundage, White Nays·: None Respectful~ submitted , Karen M. J'leier Recording Secretary CAREER SERVICE BOARD Judith B. Henning Chairman • I • • 326 In r-, • - RE SOLUTIO N NO . o'.,5 , SERI ES OF 1977 A RESOLUT ION TO CHANGE THE POSITION OF ASSISTANT DIRECTOR OF COMMUNITY DEVELOPME NT FOR CODE ENFORCE.'!ENT TO THE POSITION ENTITLED CHIEF BUILDING INSPECTOR AND RECLASSIFY THE POSITION FROM GRADE 11 ($1386.00) to GRADE 10 ($12 90 .00). WHEREAS, The Board of Career Service Commissioners, in their meeting of Ap ril 21, 1977, recommend e d that the position of Assistant Director of Comm unity Development for Code Enforcement be changed to read Chief Building Inspector and be reclassified from Grade 11 to Grade 10. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , that the position of Assistant Director of Community Development for Code Enforc eme nt be changed t o Chief Building Inspector and be reclassi- fied f rom Grade 11 to Grade 10. ADOPTED AND APPROVED THIS ------day of ----------• 1977. Mayor ATTE ST: ex of fic io City Clerk-Treasurer I , Wi lliam James, ex o fficio City Clerk of the City of Englewood, State of Colo r a do , hereby certify that the above is a true, accurate and complete copy of Re solution No. , Series of 1977. ex officio City Clerk-Treasurer • I • • ( ( • • • RESOLUTION NO. __ c;)_G_~ __ • SERIES OF 1977 A RESOLUTION TO REMOVE THE POSITION OF ENGINEERING AIDE III (GRAD E 7 -$1039.00) FROM THE CLASSIFICAT ION SYSTEM AND ADD THE POSITION OF ENGINEERING INSPECT ION SUPERVISOR (GRADE 7 -$1039) TO THE PRESENT CLASSIFICATION SYSTEM. WHEREAS, The Board of Career Service Commissioners, in their meeting of April 21, 1977, recommended that the position of Engineeri~g Aide III b e removed from the classification plan and that the position of Engineering Inspection Supervisor be added to the classification plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOn , that the position of Engineering Aide III be removed from the classification system and the position of Engineering Inspection Supervisor be added to the present classification system. ADDOPTED AND APPROVED THIS ------day of ---------• 1977 . Mayor ATTEST: ex officio City Clerk-Treasurer I, William James, ex officio City Cl e rk of the City of Englewood, State of Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No. , Series of 1977. ex officio City Clerk-Treasurer • I • • • • • RESOLUTION NO . SERIES OF 1977 A RESOLUTION TO REMOVE THE POSI TION OF FIELD ENGINEER, (GRADE 10 -$1290.00) FROM THE CLASSIFICATION SYSTEM AND ADD THE POSITION OF CITY SURVEYOR (GRADE 8 - $1115.00) TO THE CLASSIFICATION SYSTEM. WHEREAS , the Board of Ca reer Service Commissioners, in their meeting of April 21 , 1977 , r ecommende d tha t the position of Field Engineer be removed from the present classification sys tem and add the position of City Surveyor. NOW, THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL OF THE CITY OF ENG LEWOOD, tha t the position of Field Eng ineer be removed from the classification sys tem and add the position of City Surveyor to the present classification sys tem. ADOPTED AND APPROVED Tl!IS ----day o f ------------· 1977. Mayor ATT EST : ex officio City Clerk-Treasurer I, Willidm James , ex officio City Clerk of the City of Englewood, State of Colorado , hereby certify t hat the above is a true, accurate and complete copy of Resolut ion No . , Series of 1977. ex officio City Clerk-Treasurer • I • • r • ( \ • • • • COUN CIL ACT I O REQUEST LIQUO R AND J .2 BEER OUTLETS APPLIC ANT: Seve n-Ele v e n Sto r e 27 0 5 South Broadway Eng l ewood , CO 80 110 TYPE OF ACTI ON RE QU ESTED : Re newa l -3 .2 Be e r License -Ma y 23, 19 77 POLICE AND FBI RE PORTS : PREV IOUS CITY COU NCIL ACTIONS DUR ING PRIO R TWO YEARS, EXC LUDING ANNUAL REN EWAL : CITY ATTORNEY'S REVIEW: COM.!ENTS : • I) I • • • • • ,I ST A TE OF COLORADO • / DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR 3.2% FERMENTED MALT BEVERAG E LICE NSES -.,u G£7'1~,c; i"~~:l1 lj tlCfNSING - AUTHOIUT'f', If •£OUUl£0 SfNO TOCOlOU DO ot,AOMfNI Of llfVfNUl . sun ,.,,llOl ANN(lt 1J7) SHUMAN SI OfNVU COlO '°"" (GET APPROVAL OF LOCAL LICENSIN G AUT HORITY FIRS T) SOUTHL ANO CORP DIST 1821 W DENVER SEVEN ELEVEN STOR E NO 1821 13211 2705 S BOWAY ENGLEWOOD CO 80110 I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICATION EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUC TURE . 00 NOT WRITE IN THIS SPA CE LIQUOR ENFORC EMENT OFFICER' ACTION APPROVED 3 -/.::t - DATE DISAPPROV ED 0 ,1,,l f ~ - c...,-_,IKfNS,H ~ONf "'0 ~~ .. ~, ........ OH FCU S S!GNATUIIC MGNATUH --b'~_£}7/(cro (IF THERE IS A C HANGE IN o,5iRs~o NOT USE T~ FORM. USE AN ORIGINAL APPLICATION.) IMPORTANT MANAGER'S NAME (::i Al?. I/ H /h.a:.S' MAKE CHE CK OR MON[Y SEE INSTRUCTIONS IF AP PLICANT IS A COR PORATION , Fll{iN REVERSE SIDE ORDER PAYABIE TO THE ON THE REVERSE SIDE NEW TRADE NAME REN EWAl APP LIC ATION FOR 3.2% FERMENTED MAlT BE V(RAGE LICENSE FOR THE YEAR END ING l l.t.ll llHY I N'0~MAHON COVNTY J CITY 1NUu~r I rY'f l tAl•1m DAit I 08-11654-166 l 10 006 5411 3 052471 TYPE 052378 COLORADO DEPAR TMENT OF REVEN UE TOTAL FEE (S) e :__-J NAME AND DESCRI PTION OF LICENSE 3.2 PER CENT BEER RE TAIL LI CE NS E FEE $ 25 .00 • L CITY 85 PERCENT OAP FEE (The follo wing offidovit to be signed and odcnowledged by (If oppltcotion is for im porter', lic ense, in se rt sl ate of b u11neu residence ST A TE OF COlORADO Coun ty of Den ver } ss $ 21.25 by corporohon, member o l portnersh,ps ond Ge ne Ford be ing by me first duly sworn, ,f fo, himse lf, deposes o nd soys; that he i, the applicant obo¥e named , o, thot he ;, Assistant Secreta:i;;I{ The obo,c named co,po,01,on Tho! he ho, ,eod h;, o,igmol opohrot,on ond thot he know, The con ten t, the.eof, ond thot oll motle" o nd Thmg, 1he,e,n ,e, lo,1 h o,e ""e of h" own knowledge, ond he og,ee, to conform to oil rul es ond regvlations prornulg ored by the DEPARTMENT OF REVENUE IN CON NECTION THE REWITH SUBSCRIBED ANO SWORN ro BEFORE ME INDIVIDUALS AND All MEM8Ei1 S OF PARTN(RSHJP OR PRES OR SECY OF CORP THIS 24th MUST SIGN HER E DAY ~:J~ • 19 77 MY COMMI SSION EXPIRES • 4 -2 1 - cou•o•.u10N SICtN ,;[ff ICOIIJOUI( SfAI 1CC.-t> s,,cft>'. &Y '7K . The Southland p~ra!io Gen ~~~~ x'5f!l~ Asst. Secy. REPORT AND APPROVA L OF LOCA L LICE NSING AUTHO RITY (MANUFACTURERS, WHOLESALERS . IMPORTERS ANO RAILROADS DISREGARD TH IS SEC TION ) !~d ':!g•d~ ,:~~~~ot/h~t ~;:h t;:~se, °';'/m;,~~ted .nd w,i:"• me::",'i,':•••;eo~o":~nbl~ ,:~:~,~%:~II 0 :1 th~0 '0n~~~hb:.~oot• on"/p\;h:nt de:J,e, '0'~'/0':•r; inhabitants, o nd complie, with the oro11 l1lon1 o f TIiie 12 , Artlc le 46, CAS 1973 . THEREFORE THIS AP PLI CATION IS HERE BY APPROVED . • D ATED AT TH IS D AY OF , AD 19 (NAME OF TOWN, CITY OR COUNTY ) BY (M AYOR OR CH AIIJMAN O F 80.4.RD Of COUNT':' COMMISS IONERS O R OTHf.ll TITLE OF UCE N Sl "IG AUTHOR ITY .) ATT EST !CLERIC OR SECRET ARY OR OTHER OFFICER HAVING TH E OFFICIAL SEAL OF THE ltCENSING AUTHOrmv ) (If the premi,e, ore located with in o town or ci ty, the above oppro ... al should be signed by the mayor ond clerk ; if ,n o county , then :~th~~\<~~"::'. 0 ~,h;~• ohic~~t ~~.n'o~::t c:;;,~~~·~1n•:houldd b~he g!~k b~o .~~h :;;~i~I .) If, by ordmonce or othe,w"e, lhe loco l lrn .. ng • • I • • • • • • ''"'·I MC.l-\11·L11~~I\II ... l..u11,u 11~,1,u .. , '"'', <Jf~'.~q.11u1,·1l 11nrt,•, r• l.i\11, ot the ..;t,+te of • .feaa . ' . i>_ (b l r p,.;,c,. ,. ''""'"" "'"""' "d ,, Dal.la 1-' Cou, •v ,,, Dallas lb! D.,t .• ,, 1,1,ng '·'" ""''" ., '' '"" "" o.·po,t "' ,.,, s, . .,.,,. ,• ol r,,,.. April 11, 1976 n.,. Nov.· .21 ~· ,, Texa .o; 19 iU) N11mf' tnnw Adrlrc ._.~ C11y -1,1.. .Tm .w. Tbmpeon Joaepb s. HU'd1n R.· :0. &11th a.· ·o. Eaith Oar7·Amo1 · • · , 4217 Arm1trong ~.! Dallaa " · · , ·, , 5'310 Tanbark, Dal as '" ... r, · · l20l. Ch•J'91Ul• Pl., Richardson " .,, ·· 120l. Chey.nne Pl., Ricbardaon '·'' , 9it22 W'" 65'th Ave., Arn.da l/18/3~ 1 0/11/15' 3/3/23 313/23 9/18/1+,6 l,,·,1 3'1 .,.,,.,; ''"'"'" rn·. "''9 '" cn"""""'9 Ho ,,, m, , ol < t• • t;; o,} ,,, < ·p ;, ,,, '" , In,<,. le .fCIV,ol o,. ,10, '" pl ,, ,, ,, "' '>t'i;'tU 11. 'W~dC' 1 f,..-.... ' " .. .,,; Hum,• S ,,.,,. N ,tnf l r ,, The Philp eo. 2828 ll. Haakell l, ,· .. •o••·-··' l -' --·.=::.:.=: ------.:::=..-. ·--== --:::-::=.~ ------ NO TICE J•,•1t.: 111,tf Sl<)cl.. Gwn .. ,1 14.63% C. {1 1 1 ,I I hlnlh, Dlv . V ,1 Tens Cor r, ---=--_: -=.-. - T(J l'\l'..ll''H ff•11 VtlL'H LICH.;:;[ IS IS. UEIJ m, l lfill If f< 1 ... /'Cii)M.r I HJ\1 l I oor .• J, (., I JI II \'lllJll Sf'\1, rF i !.•111 1HA ~!C[ BE /lT 111£ COLCJH/\UO OH/\fll ME lv l Of RI 1/£, tJf Su,l {,A}flfj{ /1':!l:f < CU I 1J l'JG 137~ ::;,:: f ,\1A!\! \THfET OENV EH T Lf/\ST flflEfN (1~/ IJ;,'l'S l'Hl!lflT U Yfil, i If' ,l T IO V ll1\T ( fH I'; OfJCU~~FNl 11i Sl BE I N THf H NOS OF fH I, I IJCAL Ai'PR OV INJ; IHIHIOP IJY AT, I , 5 THIRTY r,o [JJ\VS ?!'lllJI TO f h ''f,,AT IU N . • • • I • • • • • • IN'l'RODUC ED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORD INANCE NO. ~ , SERIES OF 1977 6 A • AN ORDINANCE APPROVING A UTILITY EASEMENT FROM THE CITY OF ENGLEWOOD, COLORADO TO THE ENGLEWOOD HOUSING AUTHORITY. WHEREAS, the City of Engl e wood owns certain property to be used as a parking lot; and WHEREAS, the Englewood Housin g Authority r equ ires the use cf certain portions of the subsurface to pass a sewer line. NOW, THEREFOR E , BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD , COL ORADO , as follows: Section 1. That the City of Engl e wood, Colorado, enter into th e following Utility Easement: Utility Easement THE CITY OF ENGLEWOOD, a Colorado municipal corporation, hereby acknowledges receipt of the s um of TEN ($10 .00) DOL LARS and other good and valuable considerat ion, from THE ENGLEWOOD HOUSING AUTHORI TY , a body corporate and politic, in consideration of which the CITY OF ENGLEWOOD, hereby grants unto the ENGLEWOOD HOUS ING AUTHORITY, its suc- cessors and assigns, an easement to construct , operate, and maintain a six (6) inch sanita ry sewer line and all fixtures and devices, us ed or useful, in the operation of said line s, under the s urface of property legally described a s: The west 21.0 feet of Lots 17 and 18, and the west 21.0 feet of the n orth 10.0 feet of Lot 16, Bl ock 4, PREMIE R ADDITION, Arapahoe Co unty, Colorado, containing 0.029 acres, more or le ss. TOGETHER with the right to enter upon sa i d p r e ises , survey, construct , maintain, operate , r epa ir, repla ce , contro l and use said line and r elated fixtures and devices. -1- • I • • • • • • • • • The City reserves the right to use and occupy said property for any purpose consistent with the right and privilege s above granted and which will not interfer or endanger a n y of Eng lewood Housi ng Authority 's facilities t he rein or use thereof . The Englewood Housin g Authori ty sha l l mai ntain its lines and all fixtures and devices at a depth sufficient to allow the City of Englewood to maintain a paved hard surface parking lot on the property described her ein. Should any damage be cau sed to the parking improvements of the City of Englewood by the Englewood Housi ng Authority as a resul t of the easement created by this instrument , Englewood Housing Authority shall reimbur se the City of Englewood for any repair, construction, or the reasonable prevent ion of any damage to any parking improvements. The work of installing, maintaining, repairing and operating said lines, r elated fixtures and devices shall be done with care and so as not to interfer any more than necessary with the City 's improve-ments, use or right . In case of the permanent abandonment of said right- of-way all right, privilege and interest herein granted shall termina te . SI GNED this ATTEST: ___ day of CITY OF ENGLEWOOD , COLORADO, a municipal corporation By MAYOR ex officio City Clerk-Treasur r THE ENGLEWOOD HOUSING AUT HORI TY, a body corporate and poli tic By CHAIRMAN -2- • I • • In n • • • • • • • ATTEST: Executive Director 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 Utility Easement on and in behalf of the City Council and the City of Englewood, Colordao, and the Director of Finance, ex officio City Clerk-Treasurer attest the same and execute a Utility Easement as is necessary. on the day of Introduced, read in full and passed on first reading ~~~ day of , 1977. Published as a Bill for an Ordinance on the ---------' 1977. Read by title and passed on final reading on the 2nd day of May, 1977. Published by title as Ordinance No. of 1977, on the 4th day of May, 1977. MAYOR ATTEST: ex officio City Clerk-Treasurer ____ , Series 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 -3- • I • • n n • - • • • by title as Ordinance No. ~~~' Series of 1977. ex officio City Clerk-Treasurer • -4- • I • • • • n - • • • • • (. (?) INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO, RELATING TO THE ORDERL Y TRANSFER OF ENGLEWOOD AND LITTLETON EMPLOYEES TO THE BI-CI TY WASTE WATER TREATMENT FACILITY. WHEREA S, both municipalities previously ente r ed into an Agreement on July 2, 1973 , for the purpose of combin i n g their individual resources and jointly constructing a waste water treatment facility for the us e of both municipalitie s ; and WHEREAS, it is in the bes.t interests of the City o f Littleton that it cease operations of its existing sewe r plant at the time that the joint use waste water facility is placed on line; and WHEREAS, it is the desire of both municipalitie s to establish an orderly transition between the phasing out of existing sewer treatment facilities in both municipalities, and the phasing in of the joint use waste water treatme n facilities; and WHEREAS, it is in the best interests of both municipalities that the compliment of the staff of t he joint facility should consist, whenever possible, of Li ttleton and Englewood employees who have previous expe r ience in waste water management. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO UN CIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood and the City of Li t t leton shall enter into an Agreement according to the provisions of that certain written instrume nt captioned "Agreeme nt", which is attached hereto, consisting of three (3) type written pages, and is h e reby incorporated by reference herein. S aid instrument generally provides that: -1- • I • • • • • • • 1. Pursuant to the Agreement entered into between the municipalities on July 2, 1973, the parties reaffirm that the City of Englewood shall operate the joint treatmen plant under the control of the Supervisory Committee. Engle- wood shall be reimbursed for i t s expenditures in operating the plant based upon actual verifiable co sts, plus three (3%) percent of such cost for administration. Individuals pre sently employed by either City have priority in employment by the operators of the joint plant, based, wherever possible, on a plan of alternating the selection of employees between the Cities, said plan to be devised and administered by the Super- visory Committee. 2. Pursuant t o the terms of the contract entered into on July 2, 1973 , Littleton's proportionate share of the cost of operation as determined pursuant to Section 3 of said contract, shall be credited with the cost of salaries and benefits paid by Littleton to those Littleton employees wh o are assigned to the joint use waste water treatment facilities. 3. Those employees designated in the Agree me n t attac h ed hereto, shall remain City of Littleton employees , and shall be eligible for all benefits afforded all other City of Littleton employees . 4. Said employees shall have the right to apply to the City of Englewood for employment, but must go through a ll applicable procedures relating to applica tion s for employ - ment. 5. Promotions shall be available to those Littleton e mployees assigned to t he joint use waste water treatment facility, and those employees, ±f promoted to a higher position at said facility, shall become Englewood employees, and s hall not be exempt from any criteria established by the City of Englewood for the filling of said position, or for the p r o- motion of any existing personnel to said position. 6. Should any employee listed in attached Agree- ment be dismissed or should choose to resign from the employ of the City of Littleton, or choo se to be reassigned from said facility to another position of employment within the City of Littleton, then said vacated position shall be illed by the City of Engl e wood. -2- • I • • •• • • • • • 7. The terms of the attached Agreement are t o b e an implementation of the pl an to be administered by t h e Supervisory Committee as set forth in Sec t ion 7.1 of the Agreement between Englewood and Littleton dated July 2, 1 973. 8. Supe r vision of those emp loyees sh all be t hrough the established chain of command at the jo int use waste wate r treatme nt faciliti es . If said employees d esire to avail t hem- selves of any g r ievance and disciplinary p rocedures, they s hall make use of tho se procedures established in t he En glewood Career Se rvice Rules and Regulat ions, and all app licable ordinan c,s and c harter provisions set forth by the City of Englewoo d . Sec tion 2. The City Council o f the City of Englewood, Colorado , hereby aut horiz es the Mayor of the City of Englewood, Co lorado , to subscribe his name to said Agreement on and in behal f of the City Council and the City of Englewood, Colorado, and t h e Director of F inance , ex officio City Clerk-Treasure r shall attest the same . Introduced , read in full and passed on first r ea ding on the 2nd day of May , 1977 . Published as a Bill for an Ordinance on the 4th d ay of May, 1977. MAYOR ATTEST: ex officio City Clerk-Treasurer -3- • I • • n • • • • • I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 2nd day of May, 1977. ex officio City Clerk-Tre asurer -4- • I • • - • .. / -.. • • • • THIS AG ~::EMENT , i s made a nd ente r ed into this __ day of -----• 19 77 , by a nd between the City o f Englewood, Colorado, (here i nafter "Englewood"), a municipal co rporation of the State of Colorado and the City of Li ttleton , Colorado, (hereinafte r "Li t tleton"), a mu n icipal co r po rat ion of the State of Colorado. WHEREA S , both municipalities entered i nto an agreement on July 2, 1973 for the pur pose o f combining the i r indi v idua l res ources and jointly constructing a waste wa ter treatmen t facil ity fo r the use o f both munic ipalities; and WHER EAS , it is ant i c ipated that ben eficia l completion of s a i d facili t y shall be on or about Apr il 11 , 1977; and WHERE AS , it is in t he best inte r ests of the Ci ty of Litt 1 eton that it cease operat ions of its e xis ting sewe r plant at the t im e that the new joint waste water fa cili ty is pla ced on line; and WHER EAS , it is the desi re of both mun i cipalities to establ i sh an orde rly tran sit ion between the phasing out o f e xi sting sewer tre•tment facil i ties in both munici palities and t he phasing in of the joi nt use wa ste water treatme nt facilitie s ; and WHE RE AS , it is in the best in t ere s s of bot h muni c ipali ties that the compliment of the sta ff of the join t f ac il ity s hould consis t, whene ve r possible, o f Littl e t on and Englewood eMployees who have previous expe r ienc e in waste water management; WHEREAS, i t is deerr.ed in the best interests o both nuni cipa lities that the te rms of t he transition of Littlet on and Englewoo d emp loy ees to the joint treatmen t plant be r educed and ag reed to in writing by bot h parties. NOW , THE REFORE , for the cons idera t io ns herein expressed, it is a gr eed by a nd between the par ti es hereto as fo 11 ows: 1 . That pursuant to that agreement entered into between the municipalit ies on July 2 , 1973 , the partie s hereto reaf firm that the City of En gl ewood sha l 1 ope r ate the joint treatment pla nt under the con rol o f the Supervisory Committee . Eng lewood shall be rei r,bu r sed for its expend itures in operating the plant based upon actual verifiable costs plus three percent (3Z) of such cos for ade,i nistration. Indi viduals • ,· I • • ,.. / • • • • • -2 - presently employed by either city have priority 1n employment by the operators of the joint plant, based, wh erever possible, on a plan of alternating the selection of employees between the two cities, said plan to be devised and adminis ered by the Supervisory Corrmittee. 2. Pursuant to the terms of that contract entered into on July 2, 197 3 , Littleton's proportionate share of the cost of operation as determined pursuant to Section J of said contract, shall be credited with the cost of salaries and benefits paid by Littleton to those Littleton employees who are assigned to the Joint-Use Waste Water Treatment Fac1l i 1es , J . Upon shutdown of the existing Littleton Sewer Plant, Littleton sha ll initially assign those employees listed hereinbelow to the follow1ng positions : ~ Charles Caudill John Fisher David Godsey Charles Kerven Donald Pardi s Duane Steib ~ Lab Techni cian Plant Operator Superintendent of Opera ions Chief Plant Operator Chief Plant Ope rator Chief Plant Operator 4 . Those employees listed hereinabove shall remain City of Little t on employees, and shall be eligible for all benefits afforded all other City of Littleton employees including , but not limited to educational incentive, longevity pay , merit increases , cost of living increases, wor kmen 's compens at ion , life, health and disability insurance, retiremen t ben efits , educational assistance , and overtime pay. 5. Said employees shall have the right to apply t o the City of Englewood for employment, but must go through all appli cable procedures r elating to applications for employment , including esting, Interviewing, a nd other requirements set forth in the Englewood City Charter and its Ordinances, Ru 1 es of Career Service , Personne 1 Ru 1 es and Procedures. 6 . Promot i ons shall be available to those Li tleton employees assigne~ to the Joint use waste water reatment facility , and these eorplcyees, 1f promoted t o a higher position at said facili y, shall becoe-e Englewood enpl oyees , and shall not be exempt from any cri eria es tab listed by t e City of Englewood for the filling o f said position , or or the proC10t1on of any e,isting personnel to said position. • I • • 'l n • • • • • -3- l. Should an y of lhose emp l oye es 1 isted hereinabove be dism issed or choo se o resign from the empl oy of the City of Littleton , or choose to be reas si gned from said acility to ano ther position of employment within the City of Litlleton, then said vacated position shal l then become a position to be f illed by the City of Englewood. 8 . Di r ect superv isi on of hose employees listed i n Paragraph 3 of t his agreement shall be through t he es tablished chain o f command at t he j o i nt use waste water treatment facilities. Should these employees desire to avail t hemselves of any grievance and disciplina ry procedures, they shall make use of those procedures es t abli shed in t he Englewood Career Service Rules and Regulati ons and all applicable ordina nce s and charter prov i sions se for th by he City of Englewood. 9. The terms of this agreement are decl ared to be an implementation of that pla n to be ad ministered by the Superviso ry Committee as set forth in Section 7. l of t he agreement between Englewoo d and Littleton dated July 2 , 1973. DONE ANO EXECUTED ON THE DATE F!RST WRITTEN ABOVE. CITY OF ENGLEWOOD C !TY OF LITTLETON By : Council President APP ROVED AS TO FO RM: AP PROVED AS TO FORM: City Attorney l:1ty Atto rney • I • • n n ( • • • • 6 C , INTRODUCED AS A BILL BY COUNCILMAN -'-Vf,/.~~-·/',_/~/~tJ~/?1,.,_~z~~~~~~~~ A BI LL FOR AN ORDINANCE AMENDIN G SECTION 7, CHAPTER 2, TITLE XIV OF THE 1 96 9 ENGLEWOOD MUNICIPAL CODE, RELATING TO THE TURNING MO VEMENTS OF VEHICLES ON STEADY RED LIGHT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWO OD, COLORADO, as follows: Section 1. That Section 7, Chapter 2, Title XIV of the 19 69 E.M .C., is hereby amended to read as fol lows: 14 -2 -7 : RI GHT TURN ON STEADY RED LIGHT In lieu of the provisions of 1 5 -S(f) of the Model Tra ff ic Code , the follow ing provisions are hereby adopted: (f l Steady red alon e : (1) Vehicular traff i c facing a steady ren signal alone s hall stop before enter ing the crosswalk on the near side of the intersection, or at a sign or pavement marking indicating where the stop shall be mad e , or in the absence of any such crosswalk, sign or marking, then before e ntering the intersection, AND SHAL L REMAIN STOPPED OR STANDING UNTIL A GREEN INDICAT ION IS SHOWN; e xcept , however, a driver of any such vehicle, after coming to a stop and after yielding the right- of-way to pedestrians and other traff ic proceeding as dire cted, may make a righ t turn when a steady red sign al alone is displayed , except at those intersections wh ere such right turns are prohibited by the traf ~jc engineer, as authori zed by 14-3-9, and official signs indica tin g such prohibitions are appropria tely dis play d . -1- • I • • • • • • • Introduced, read in full and passed on f irst reading on the 2nd day of May, 1977. Published as a Bill for an Ordinance on the 4th day of May, 1977 . MAYOR ATTEST: ex officio City Clerk-Treasurer I, Will iam D. James, do he r eby c ertify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full a n d passed on first reading on the 2nd day of May, 1977 . ex officio City Cl e rk-Treasurer~- -2- • I • • • • • INT RODUCED AS A BILL BY COUNCIL MEMBER ,_')c y f!,;?,// A BILL FOR AN ORD! ANCE AUTHOR I ZING THE ISSU AN C E OF SPECIAL ASSESSMEN T BONDS OF THE CITY OF ENGLE- WOOD, COLORADO , FOR PAVING D I STRICT NO . 24, FOR THE CO NSTRUCTION AND JNST ALI,ATI ON OF STR EET PAVING, CURB AND GU TTE R AND SIDEWAL K IMPROVE- MENTS, IN SAID DISTxlCT; PRES C RIBING THE FORM OF THE BONDS; AND PR OVID ING FOR T HE PAYMENr OF SAIO BONDS AND THE INfEREST THEREON. WHERE AS, f o r the purpose of construc ting and installing street pavin3, curb and gut t e r an d sidewalk improve ment s , t og ether with ne cessary 1n c1denta ls o n certa1.n stree ts, Paving Di strict No . 24 in the C i ty of Englewood has been duly created by Ordinanc e No . ~-6~ of sa i d C i ty , f i nally adopted and approved on April 4, 1977; and WHEREAS, the C ity Cou n cll has determined th at the cos t o f the co nstruction and 1n sta )l at 1on of the street pav ing , curb an d gutt er a nd sidew alk im p r oveme nts, t og ther ~ith necessary inciden tal cos ts, whi ch will be assessed agains t t he propert y incl u ded wit hin he distric t, shall not exceed th e amount of $ 6.J "/it , and that bond s o f the City for sa id District should be is sued 1n t his amount; and WHERE AS , in ac co rdance wit h the City Charte r an d a resolution pas s ed on r;?ril 4 , 19 77 , t he City Council has ad- ve r tised f o r the ~ale of Special Assess:nent Bonds and said bonds i n the amount of S ,_,5 -.,t{ have been a,.,a, ded to p-?f,./ ~~~~~~~~~~~~~~~~~~~~~~~~~~; and WHEREAS , 1t 1s no w nec essary to p r ovide for th~ issuance of said bonds and the form and payment thereof; BE IT ORDAINED BY THE CITY COUNCI L OF THE C!TY OF ENGLEWOO D, COLORADO: Section l . Bond Details. By v1r ue of and pur suant to th e Cha r ter and the Laws of the State o[ Colorado, Special Asses5- :nent Bonds of the C1 y of Englewood for Paving D i strict 110 . 24 shal 1 b!!' i ssued fo r t he purpose of paying for local 1mprovemen s const ru c ted in the District. The bonds shall be 1n the principal amount o f S s-.5 ' , sha ll be dated June 1, 19 77, and shall co nsist of .~,~~-bonds 10 the denom1nat1on of Sl,000 each , nu~bered I to U, 1nclus1ve . The aonds sha ll be payable to bearer, and sha ll b e due and payable on June I, 1 987, subject to call and ·l- • 6 D,. I • • < • • • pr 1o r pay me nt on any interest payment dat e, 1n direct numerical o rder, upon pay:nent of par an d accrued interest. Not ice of such pc1 J r r e d emption shall be publis hed 1n a ne wsp ape r of gene ral circu lat ion 1n En.glewood, Colorado, one time at least 30 days prior to the date o ! redemption. In add1t1on, a copy o f such Notice shall be mailed at the ti me of publicatio n to the o ri gi nal purchaser of the Bonds. Th e Bonds sha ll bear interest as evidenc ed by "A" coupons attac he d to sa id bonds , payab 1e on June 1, 1 978, a nd semi-annually t he r eafter on June l and Dece~ber l , each year , as follows: bonds n below , during Bond Bond Numbers "A" interest , inc l usive, "A" Coupo n Int eres t Rate 6 7' ..u.;:S set forth abo e, bear additi nal designat "B", nd i cated The net e ff ective intere st rat e of this issue of Bonds 1s 0 -,,1 \ per annum. The p ri ncipa l of and interest on said bonds sha ll be payabl e at The flCst National 3ank of Engle wood, in Engl ewood, Colorado. -2- • I • • < • • Sect·1on 2. Execution o! Bonds and Interest Cou po n s. The Bonds shall be signed with the facsimile signatu re of the Mayor, attested and countersigned by the ma nual signa ture of the Director of Finance , ex-offic io City Cle rk -T rt;asure r, wi t h a fa csimile of the seal of the City affixed thereto , and t h e inte r e st coupons attached sh al l be s19ned wi th the facsimile sig r~ture of the Directo r of Fi nanc e. When issued as aforesaid as part of said bonds , t he interes coupons shall be the binding ob ligati ons of the City acco rding to their import. Should any offi c er wh ose manual o r facsimile signatur e appea rs on said bond s or t he cou pons attached theret o ce zse to be su c h o ffice r b efo re delivery of the bonds to the purchase r, such manua l or facs im ile s i g n ature shal l nevertheless b e valid and sufficient for a ll purposes . Section 3 . f.2...E.E!......£.!.-.!!.2.!!.!!_~Interest Cou ans. The bonds and the interest coupo n s to be atta ched t hereto shall b~ in substantially the f ollowing f orm : -}-I • • ( • ( • STATE or COLOP.ADO No. - (fo r m of Bond) UNITE D STATES OP AMERIC A CITY or ENGLEWOOD PA'.'lNG DISTR I CT 0 . 24 SPEC IAL ASSE SSME NT BO ND COUNTY or ARAPAHOE $1,00 0 ':he City of Englewood , 1n the County of Arapahoe, State of Colo rad o, f o r va l ue r eceived, hereby pro,tnses to pay to the bearer hereof, out o f t he special fu nd he reinafter des19 n ated, bu t not otherwise, the pr1nc1pal sum of O!l E THOUSAND DOLL ARS 1n lawful money of the Unite d States of A:n er ica, on the 1st day of Jun e , 1987, wit h i n terest there on as e v idenced by interest coupons des ignated "A" at th e rate of per centum (.~~~~~~-%) per annum from date until payme nt, payable on June 1, 1978 and semi-annually tje reafter on June l and Decem be t l each year , and additional int er est on bonds numbered to , 1nclus1ve , of this issue, as evidenced by inte res t coupons desig nated "B" at the rate of per centum ~~~~~~~'> pe r a nnum f or the period fr om l , 1977 to J , 19 7 , in clus ive, all such inte r est payable on the same dates as the "A" i n er est coupons during said pe r iod of t i me , both principal and inte r e s t being payable at The First Nati o n a l Bank of Engl wood, 1n Engle wo od, Colorado, upon presentati on a nd surrender of h e at ached coupons and this Bond as they severally be come due or are ca ll ed !or payme n t. This Rond 1s subject to ca ll and rede mpt ion in direCt numerical order of the issue of whi ch .1t 1s one , on any in t erest payment date, upon payment of par and acc rued interest to th e date of r edemptior,. Notice of such p r ior redemption shall be publish ed 1n a newspape r of general c1rcula t1on i n the City, one time at least t hirty (30) days prior to the . date o[ redemp- tion . Th1s Bond 1s issued for the purpose of payins_ .toe cos ts of constructing and 1nstall 1ng s t r ee paving , curb an d gutter an d sidewalk l~provemen s, oge he r with necessary in- cidenta l s in Pav1n9 D1str 1c No. 2 4, 10 the Ci t y of Englewood, Colo r a do , by vutue of dnd 10 full conform ity with the Const1tu- L1on anj Laws o f the State of Co l o rado, the Charte r of the City, a n d an Ordinance of the City duly adop ted, app roved, published and ma1e a law of sa id City prior t o the i ssuance h e r eof. I • • Ir:, n ,,/ .. , / / / • • \ • .. - Payment of this Bond and the 1n erest the reon shall be made? from, and as sccur 1ty for such paymen"t there 1s pledged, a special fund des1gnated as the ''Paving 01s tr1 ct No . 24 Bond and Interest fund", which fund shall contain 1n1t1ally any raonies Ln the construct i on a ccount re ma1n1n3 a(t.er the cost of improve- ments has b ·.e n paid 1n full and t hereat e r to contain the proceeds from special assessments to b e l vied against lhe property 1n- cl •i .ed within the D1str1ct and s;,ec1ally .benefi.ted by the con- r...r u ct 1on and 1nstallati:.n of improvemen ts the r e in . The assess- me nts to be lev ied will const itu te a l1en on and against each lot or tract of land 1n t he respective amounts to be apportioned by an ordinance of t he City . I n addition, 1n accordance with the C ity Char ter, whenr.ver [our-fifths (4/5) of the bonds of this issue have been /"id and cancelled, and for any reason the remaining assess- ,--· m~nts a[e not paid 1n ti me to take up the remaining bonds and the interest thereon, the n the City shall pay said bonds when due and the 1nt eres t d ue thereon and 1e1 nburse it self by coll ct1n3 t he unpaid assessments due the district. This Bond does not consti t ute a debt of the Ci y of En g lew ood within the meaning of any const1 u ional , statutory O[ chartet lim1tat1on or provision, and shall not be considered or held to be a general obl1gat1on of the City. I t is hereby further cer 1fied dnd recited that all requ irements of law have been fully compiled w1th by the proper officets of the City in the issuance of his Bond, and that t he t o tal amount of this issue does not exceed the cos t and expense o ! said improvements or any l1mitat1on prescribed by law. For the payment o f this Bond and the interest thereon the Ctty pl e dges all of its lawful corporate powers . IN TESTIMONY WHEREOF, The City of Englewood has caus~d t his Bond to be signed wi th the facsimile sig n atu re of t he Mayor , attes ted and countersigned by t he manual signature of the Director o f Finance, e x-off1c10 City Clerk-Treasu r e r, with a facsimile of the seal of the City affi xe d he r eto, and the interest coupons attached he[et::> to be signed wit h the facsimile signature of he Directo r of Finance, as of the 1 st day of June , 1977. (f/\CS!M ILE) ( S E II L ) ATTEST: (Manual Signature) Director of F in ance CITY OF E1 ;:;J,E,iOOO , COLORADO By ___ (~F~a~c~s~•~m-"7i J~e~s~, g-=n-=a-=t-=u-=r-=eccl __ _ Mayor -5- I • • lo r:, ( • • - {Fo rm of l nter e s t Cou ons ) No. s ___ _ J une, On the 1st day of Decenber , 1 9 __ , u nless the Bond to whi c h this coupon is at t ach ed has been called f o r pri or red er.ip- t1on , the City of Englewood, 1n the Coun ty of Ar apahoe and St ale of Colorado, will pay t o b e are r t he amo unt sho 1,,.:n here o n in l a w- ful r.ioney of the United Sta e s o f Ar.ie rica, s o lely out of the special fund r e ferred to i n the Dond o wh ic h this coupo n i s attached, at The First Nat i ona l Bank o f En g l ewood , in Englewood, Colorado , being inte re s t t h en due o n l ls Spe ci al Ass e s s me nt Bond for Paving District No. 24 , da d Ju n e 1, 1977, bear in g No. {Fa csi mil e Si q nature) Di rec tor of Finance -6 - • I • • In n < • - Section 4 . D1soos1t1on of Bond Proceeds. The proceeds of said bonds shall be applied only o pay t~e cosLs and expenses o( construct 1ng and 1nsta11 ing improvements 1 n sa 1d D1str 1ct and all other costs and expenses incident thereto. In the event that all of lhe proceeds of said bonds are not req0uired to pay such costs and xpenses, any remaining a:nount shal l be paid into the spe cia l assessment f un d for the pu rpo s e of call 1n9 1n and paying t he pr 1nc1pal o( and 1nterest on sai d bonds. Ne l the r the pu r - chase rs o f said bonds nor any subs~guent holder of the same shall b'? r esponsible f oe the appl icat 1 0n of the proceeds of said b ond s by the City or any of its officers. All or any part 10n of the bond proceeds may be tempo rar ily invested or reinvested, pending such use, 1n securi- ties o r obligations whi ch are la .... ful investments for such munici- palities in the State of Colorado. 1s hereby covenanted and agreed by the City that the temporar;• inv estment or reinvestmen t of the bond proceed s , or any part 10n thereof, sha ll be of such nature and extent, and for such period, that the bonds of the City s hall not become "arbitrage bonds " within the ean1ng of Section l OJ(c ) o f the l n tern al Revenue Code, and pertinent regulations, and such proceeds, if so invested or reinvested, shall be subject to the limitati ons and restr1ct1 ons of said Section 103(c), as the same now exists or may later be amended, and s all further be subject t o any applicable regulations of the Internal Revenue Se r vic e. Section 5. Paving Dis r 1ct No. 24 Bond and Interest fund. The bonds and the interes thereon shall be payable so lely from the local imp r ovement fund, designated as the .. Paving District No. 24 Bond and In eres Fund ", whi ch ~hall contain initially any monies in th e construction account rema1nin3 after the co st of improveme nts has been paid 1n (1.111 and there- after to con tain t he proceeds from special assessments to be levied agains t the property wi thin the Distr1c and specially benef it ed by the construction of improvements therein. When there is on hand a sufficient amount to pay six month s' interest on outstanding bonds for the District, the City shall call for payment, on the ne xt int test payment date, outs anding bonds in direct numer 1cal order with (unds available therefor. Notice of call and redemption shall be g1ven by advertisement one time 1n a newspaper hav1ng general circula- t 1on in the City, at least thirty (30) days prior to the date of redempt1on. The not ice shall specify by number the bonds called, and all such bonds shall be paid 1n their direct numerical orde r. The h o lder of any such bonds may at any time furnish his or her poGt of(1c~ address to the D1rector of F1nan ce, and in such case a copy o! the advert1se~ent shall be ma1led to the bond- holder, at suc h uddress, on o r about the day of such publ 1cat1on. -7- • I • • Io • • - Aft e r the exp1rat1on of the pe r1 od fo r cash pay- ment s of a ssess:nents 1n full, the C ity shal l , to the extent possible , pay each year not le ss than 10 \ of t he total a;nount vf bonds outstand ing a fte r the payment of the bonds ~1th the proceeds of suc h cash paymenLs of assess~ents 1n full. Se ct 1 0 n 6. ~2~1t 1onal Secur 1t y for the P ayme nt of Prin c ipal and Interest. In addit ion, 1n accordance •,,nth the City Charter, wh en ever [our-fif th s (4 /5) of th e bonds of t h >s i ssue hav e be en paid and c ancelled, a nd f o r any reason the r e - main i ng a ssessments a re not pa i d 1n time to take up th e r erea1ning bonds and t he inter est th e reon, then the Cit y shall pay sa id bonds when due and the 1nte r est due there o n and re imbu r se itself by coll ec ting the unpaid a ssess~ents due the dis tr ic t. Sect ion 7. As sessm ent o f Costs. The C ity Counci l covenants that upon c omp l et ion o f the l ocal 1 p r oveme nts, o r u pon co.-nplet 1on from ti me to t1r.1e o f any :Ht t hereof, and upon ac- ce9tance thereof by the Council, o t wt1enever the total cost can be def1n1tely a sce rtain ed , 1t will cause a statemen t sho wi ng the t o tal cost o f the i mprovemen s to be prepared and fil e d in the office of the Director of F inance. The City Council shall f urther cause asse ssm en ts to be levi ed dga 1n st the property i nclude d within the special impr o~vement distr 1ct and specially benef i ted by the cons tr uction and ins t a ll ation o f such improvemen t s , 1n ac- cordanc e with Jaw and the Charter of the C 1 y . Sectio n 8. Severab i l 1ty. That i f any one or r.-ore sections or pa rt s of this Ordinance shall be adjudged unenforce- able o r inv a lid, such judgmen t shal l not a (fect , 1mpa1r or 1n- val 1date the rema ining provisions of th1s Ord1 nan cP , it be ing he intent ion that the var i ous pro v 1s1ons hereo f are seve r able. Se c t i on 9 . Reoealer. All Ordinances or par s thereof in c o nflic t wtth this Ordi na nce ar her eby re pea led. Sectio n 10. Ordinance Irrepealabl e. Aft er sa 1d bonds are i ssued , t his Ordinan ce shal l be and r ema tn irrepealable unt1l said bo nds and the inte r est thereon s hall have b een fully pa id, sa ti sfied and d,s charg ed. Sec t ,on 11 . !!~in . In accor danc e with Section 40 of the City Ch arter, lhe City Council shall hol d a p u bl ic hearing on thi s ord inance , before final passage , at 7:30 P .M. on Mo nday, Hay 16 , 197 7. Sect ,on 1 2 . Pu bl 1 cat1on and Effective Date. This Ordinance a fter its final passage, shall be numb ered and re co r ded , and th• a d opt ion and publ ,cat 10n sha ll be au then ,c ated by the -8- I • • < • • \ • • • signature of the ?--ayor and the Director of Fin ance , ex -of fi cio Ci t y Clerk -T [ea su r cr , and by t he Ce r t 1f1cate of Pu b~1cati on. Thi s o r dinance shall becone effectiv e thirty (30) days af te r p ub l1 ca- t1on f o llowing f inal passag e. l llTRODUCED AN D ?.CAD This 2nd day of 11ay , 1 977. ( S E A L ) t-tayo r A1 TEST, Dir ec t o r o t F i nance -9- • • I • • I 1:1 M < • ( • • • WHEREAS, in order to provide funds fo r t h e co ns tr uctio n and ins t a llat io n of s t reet pav i ng, curb and gutter, and sidewalk i'l'lproveme n ts w i thin Pav in3 D1str1c t No. 2 4, the C i t y Council has dete r mine d t o i ssue special assessment bonds of the Cit y ; and WHEREAS, not tee o f the sale of bonds 1n the pr inc1pal amoun t o f $69,000 has been published 1n the time and manner required by law; and \IHEREAS, a copy o f the not ice of sale has been forwarded to i nvest :nen t banking fu ms, banks and others who mi ght bid o n t he issue of bond s; and WHEREAS, all bids fo r t he purchase of th e bo nds which were recei ved prior to 2:00 P.H., on Mond ay, May 2 , 1977, have b e e n o pened and tabulated, and considered by the Cit y Counci l; and WHEREAS, construction bids for the const ru c t ion and installat i on o f i mp r ovemen ts were less th a n the estim ated cost, a nd ac c or di ng ly , lt will be necessary to authori ze t he iss uance of on l y S ,5'?-1"{ of s aid bonds; and WHEREA.S , it is in the b est interest of the City to i ssue and sell sa id b o nds to I "' ,,/--,el,+,?/L the best bi dd er t herefor, 1n ac- cordance with their proposal; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENG f,EN OOD , CO LORA.DO: wood f o r s 5-.c;-At bonds. 1. That spec i al assess~e nt bonds of t he Ci t y of Engle - Pav ing D1 s tr i.ct No . 2 4, i n the p r incipa1 a mou nt of be issued and so l d to I ""r //'J,-.,.-~ t h e best bidder fo r the purchase of the 2. T ha t the City Cou n cil and off ice r s o f the City of En g}e wood are aut horized to do any and all things necessary to complete the delivery o f the bonds to the purchaser thereof. 1977. RESOLUTION AD OPTED AND APPROVED ThlS 2nd day of May, ( S E A L ) ATTE ST: Di r ecto r of finance Mayor • 6 p ., I • • n ( • \ • • • RESOLUTION NO .~. SE RIES OF 1977 A RESOLUT I ON OF THE CITY OF ENGLEWOOD, COLORADO, CONFIRMI NG USE OF EQUIPMEN T AT THE BI-CITY \./AS TE WATER TREATMENT PLANT . WHEREAS, the cit i es of Englewood a nd Littleton have cooperated in constructing a regional waste water treatme nt plant in conjuncLion with the United States Environmen t al Protection Agency; and WHEREAS, the Env ironme ntal Protection Agency requires that all equipment purchased for the facility be us e d fo r th e treatment of waste water . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , as follows: All capi tol equipment and o perating inventory purchased by the c ities of Englewood and Littleton for use at the Bi-City plant shall be us e d exclusively for the treat- me nt of waste water. ADOP TED AND APPROVED this 2nd da y of May, 1977. Ma yor ATTEST: ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk-Treasurer of the City of Englewood, Colorado , do hereby certify Lhat the above is a true, accurate a nd complete copy of Resolution o. ~~~• Series of 197 7 . ex offic i o City Clerk-Treasurer • • I • • I . In ,,: ... ( { • • • • --. 6 u c> X FrF .--~ ~--· : . I-\ C OJ,{W,iflO co :.:~ r or APPJ.l\LS -='. AP R". :i '.377 • f- l ;;., ~· :'. ;_ ;::.~A•J ,? NO . 7'/-190 K::c;:'. . ."I'i! .~. CiL'.iTDL::!:, I::c ., a Colorado V , CI TY c :n~:c rL of the CI'!"!' (}!,' P.:.C LE\fl1D , C·)!/J?J,ff1 , a nu:·,1cip,:l tty \ ..-:,· c .:1 1::_:.:17 , • ')·/: . -·1) ~i-')/ On /..P!l.L 18 , 1977 , t he parties appeared b y c ou n sel a n d p r ea rgu - me n t c on f erence was held . I t was .:,;g reed thu t set tlcmenl of t he contra- v e r sy b e tween the parLies may b e possibl e at t h i s time , a nd it is there f o re o r de red t hat n s u ppl em en ta l preargument conference b e he ld , by t e l ephone , on !IAY 5, 1977 at 10 A,;1 I t i s furth er order e d tha t t he f i l i n g of b o t h the open ing brief a nd the an swe r brief sha ll be d e ferr e d p e n di ng t h e preargumen t c on ference . [~ Judge Dated : /.Pr.! L 21 , 1977 • ' q I i ! I I .- I • • In n ( ( • • • • MEMORAND UM TO: FROM: Mayor and Memb e rs of Englewood Ci ty Coun cil Andy Mccown, City Ma nager DATE: April 2 8 , 1977 SUBJECT: CITY OW NED PROPERTY/O LD POLICE-FIDE BUILDING SITE Several weeks ago at one of your r egu lar Council meetings, the r was con- siderable discussion concerning the c ity ow ned block bounded by Acoma, Girard , Bannock and Floy d str eets where the old polic e -fire building was located . Much of the discu ssion centered around th e marketability of that particular block for retail, hotel and /or other u ses . The staff has received several inquiries fr om deve loper s ab out th e use of this land ; however, we, ourselves, are not sure what the most profitab l e use of the land might b e , nor a re we certain as to Council's desir es for development of this prope rty . The r efore , in r eviewing this with Mr. Wanush , we fe lt that perhaps it would be beneficial for the C ity t o have a marke t analysis of this particular area, which might a lso include th Ambrose and Son s roperty in t h e 3300 block of South Broadway which is current!y up for sale. T h es e two proper- ties combined total approximately six acres of land . With C ouncil's permission, I would like to ask the assistance of DR COG .!_h rougp. their Local Planning Ass i s tanc e pr.Qgram t o do s uch a m a rket analysis . At our request they will provide a p e rson to as sist u s in do ing-the necessary r esearch and analys is. The person they h ave stated th ey wou ld l oan us is Mr. Ge ne Goodstat who has considera ble background in market analysis. There is nQ gharge for thi s serviQ~ If this is acceptable, we r equest you r permission to proceed immed iate ly . !Jrei,,P4 ~~::~ ph Enclosu re -DR COG report cc: B. V. Berardini, City Attorney Richard S. Wanush, Directo r of Community Development Hugh Brown, Administrati v Assistant • I • • In ,,. ..... n ( • ( • • • • PlANN I NG SERVICES TO DRCOG MEMBI:RS Denver Regional Council of Governments Membership Services Division Local Planning Assistance Office • I • • lo n - • • • • • • PROFESSIONAL RES OURCE S AND SERVICES In an effort to s e r ve local and regiona l ne eds , D RCOG has a va r iety of planning and research c apa b il it i es . Approx- imately 30 program profe ssio nals a re a vaila b le to provide technical assi stance in th e areas of phy s ical, economic , and social research ,a n aly si s , and plann ing . LOCAL PLAN NING ASS IS TAN CE To mak e these technical r esour c e s r e a d il y a v aila b l e , DRCOG has init iated a _ l ocal planning assista n ce p rogram . The purpose of this program i s to prov i de on line technical ass i stan ce i n re- sponse to locally specified n eeds a nd issues . Throug h a d esig - nated local planning coordina tor , DRCOG i s pr epare d to provide the following planning ser vices. Current Planning • ordinance r e v i e w and development • land use and e c onomi c feas i b i lity a n d impac t anal y sis • s ite plan review • other ac t i v ities invol v i ng •t h e pl a nning and manageme n t of existing a nd pro posed developme nt . Lo ng Rang e (C omprehe nsive) Planning • demographi c me a surem ent and analysis • land use and t r ans portation p lan nin g • community fa c ility planning • economic b as e analys is • capital improv e ment planning • other activities involv ing the assessment of long range c ommunity need s and re s ource s. For additional information , contact G ene G oodstat, 758-5166 . • I • • • • • • MEM BER SHIP S ERVI CES PROVIDED BY THE orrrcE OF PLAN NING ASSISTA NCE 1976 Adams County, "Fi s cal Impact of Rura l Subdivisio ns." A fiscal impact analysis t o d e t e r mine th in c r e mental costs and reve nu es re sulting from a rura l subdivision. May, 1976. Aurora 1 "Downtown Market Stud y." The C ity is being ass i sted in per - form ing a market feasibility study o d o wt o wn Aurora . In progress. Bow Mar, "Traffic Circulation Study ." A raffic anaJ~,sis of stre e ts was performe d to improve circul ation safety and impact o n r e sidential property . October, 197 6 . Brighton, "Downto wn Feas ibility Study." A marke t study has been per - formed to d e termine economic feas ibility of improving and redeveloping downtown Brighton . Tun e , 1 97G. Brighton, "Water Metering Analysis." An analysis of th e ne ed and b e n e - fits of water metering compared to fla t rates . Septembe r, 1976 . Commerce City, "Industrial Ne e ds Analysis." A survey and analysis of l ocal industrial needs and recomm e ndatio ns for ma i ntaining and improv ing t h e industrial economic bas e . November , 1976. Evergreen Park and Recreation Distric t (J effer son County) 1 "B ic ycle Trail Plan." Phase d plan and program for a bicycle trails system . In progress. Golden, "Growth Manag ement Plan ." Th e C ity was assisted in determining the present and proj ected demand and subs e quent cost for utilities and other c apita l i mprov ements based on alternative growth policies. Specia l attention was given to developing a methodology that could be applied by other loca l j urisdictions in the region . December , 1976 . Louisville 1 "Industrial Impact Study." DetNm lne d th e eco nomic fea si- bility of developing 550 a c r e s of propos e d industrial z oned land. Bas ed on a derived development schedule , a l ocal improvement impa ct analysis was performe d. Tanuary, 1976. Lyons , "Economic Base Study." As part of the Lyons Compr ehensive> Plan, an economic base study has been prepared . This was a joint pro- ject with the University of Colorado , D partment of Commu nity Services. The plan was adopted by the t own in Augus . Tune, 19 76. Northgl enn 1 "Sign Am ortization Schedule ." A r e view of recent court rulings regarding sign ordinances , and a recommended ordinance for reg ulating non-conforming signs. Tuly, 19 7 6 . • I • • • M e mbership Se rvi ces Provid e d b y th e Offi c e of Planning As sista nce Pa ge -2 - • • • Thornton , "Fiscal Imp act Me t hodology ." A pape r was prepare d t o a ssi st c ity staff in d e v e l oping a co n s i sten t methodol ogy to deter mi ne the co m- parative fiscal impa c t o f ne w developments . February , 1976. W e stminste r 1 "Stree t Li g h t Desig n." De sign crit e ria and applic atio ns w e r e r e s e a r che d and provided to the City. Th e informatio n will be us e d i n e valuating and r e vi sing pres e nt standards and app lications . April, 1976. Westm inst er , "Parking C riteria." Comparative c ity parki ng standards w e r e r e searc h e d a nd provid e d to t h e City for anticipate d z o ning r e vi- sions. Marc h, 19 7 6 . Wheat Ridg e , "Co mp ara tive Eco no mi cs of Stri p Comm e rc i a l and Shoppi ng Center Deve l opm e nt s ." A s tudy of the economics of strip comm e rcial and shopp ing c e nter d evel opments a n d the ir impa c t o n small busin e sses . Tuly, 1 976. 1977 Adams County, "Th e Potentia l for Bu s i ness Dev e lopment Nea r Genera l Aviation Airports." Exa mi ned a nd ana l yzed t h e present ind us tri a l n nd offi ce market in the Denve r Me tropolitan a r ea , and identified t he a ff ect genera l aviation a irport s have on b u s i ness l ocations . Ma r ch , 19 77. Broomfield -Je ff erson County Airport Au t hority, "I nt e rgove rnment al Service Ag re ements." Possi bl e service a g r eement s f or water, sew e r, and o t her munici pa l service s are b e i ng exam i ned to det ermine mutua l fisca l and legal benefits. I n progre ss . Central City, "Tra n s porta tion Study ." A s tudy t o det ermine necessary tra n sportation, tra ffi c c ircu l a t ion , and parking improvements to meet prese nt tourist demand. In prog r ess . Greenwood Villa g e "Po p u l a tion-Empl oyment Proj ect ions ." A rev iew of growth tre nd s and exp ect ations based on the devel opment perfo rmance of t he Denver Tec h Center and Greenwo od Plaza . ranuary , 1977 . • 0 I • • \ • • • l'IOVed Seconded Ave _,,, Nav Abstain Absent Williams V Sovern t/ :im1tn I/ Mann V Brown v Clayton V"' Mayor laylor ,.-- I . . • • • • • ---;- ROLL CALL M ed S OV d econ ed A we Nav Ab sta n A bsent Williams l/ Sovern v' ,,,,... :>m1tn v-- Mann I__./ I,/" Brown ..- Clayton V" Mayor Taylor ~ I . . • • - • • • • • ROLL CALL Moved Seconded Ave Nav Abstain A bsent Williams I~ Sovern y ~~ sm1tn V ~ Mann J/ Brown V 1.;1ayton ~ Mayor 1avlor t--- 1 /w~ £. ~~ -~~-;/A7~ 6'bs-o ~ F~ LY~/ c°?~~ r,-.q~/7 /~-?~ ,th/ • • I . • • -• • ·=· ============"======:;;;:====-"'-----~ I • • • • • • Ave ./ Nav Abstain Absent Williams I /, ,/ Sovern ./ V ,/ sm1tn v.,. Mann V , Brown J/ 1,;1ayton c/ ./"' .. Mayor Tav1or 1/ -(!?~Y:,,~no ~?~Jv7 ,,,?~~%~ 7 cf~~- ,) ~r ~,.,.;a ._§)-7 ~/1-&----~ ~ ,;C~~ ~~--~ ~ ~5-<'~ ,___-~-- i)~ ffeoo ~ yf,=/2 ~ c'~ 3) t~tJ~ ff_;_,:L/ll ,._J} ~ ~ ~ <'.- t, r---:.:.£.~--.__-,-re-,7/,,_..,..J7 "'!' ~; '~ rn Cc ~~ 7 ---r7 ~ /?~~~__,,-> JV,rf M--t~ zi.-.-:~ ~-4.£ --,Jr..4' ~~ s..-..---4/A.., .. ,,<~--.,~----~-~-,.r-,,,,,..,,.~----_.,.t__Q (!~4,. r 41- • • I . . • • • • Abstain Absent e ,711 , t:c, ~'VU~ Vi &~-c__;_c ~ (1/Y}Vl c~-f' 7 p:;:.---<ft ~---E' • I . • - --···- I . • • .. - - --- ROLL CALL I • • - _;_--===-=-------"==-~~---=-~~--------- ROLL CALL M d S ove d d econ e A ,ye N av Abt i s a n Ab sent Wi 11 i ams .<----1 Sovern t--- ,._.,/' Sm1th v-- ~ Mann ~ Brown ----t;layton /----- Mayor 1ay1or • • I • • \ • • ,· - ROLL CALL Moved Seco d d n e Ave Nav Abstain Absent Wi 11; ams / ---, .-Sovern ,__. - Smith V ---Mann -,~ Brown ...... Clayton ·~ -Mayor Tay1or ~ ~~ L'Jc"c·,,-e 6.,.,-;jY ~ /45/c/e,_ //t,ro /.' ?o /-"? ,'-//,PA ~ ,i), ~ • I . • • • - ROLL CALL Moved Seconded Aye ~av Abstain Absent Wi 11 i ams t-- ,/ Sovern ~ :>m1tn v" ~./" Mann t/ Brown v' ~ Clayton -Maver Taylor ~ • • I . • • • • • ROLL CALL OV d d econ e A N we / av Ab Sta n Ab t sen . ~ Milliams y Sovern ..., sm,tn ..........- ,_/' Mann y Brown p c1avton Mayor laylor // ~ • • I . • • • • • ROLL CALL M d S ove d d econ e A lye Nay A bsta n A bsent Wi 11 iams L,/ Sovern ( v--- ~ sm1tn I/" Mann I,/' ~./ Brown I/' 1..1ayton J/ Mayor 1ay1or /---- • I . • • • - ,/ ;;cu~"/ ~,, Moved Seconded ROLL CALL Ave Nav Abstain Absent Wi1 l i ams £_,-/ ...---Sovern ,__,,,...- Smftn V v-Mann v Brown i/ Llavton ,_.. Mayor Taylor ~ • I . . • • • --- ROLL CALL Moved Seconded Ave Nav Abstain Absent -Williams I ~ ,. Sovern ,,,_,,..,.. :,m1tn ~ r / Mann ,,_..-I,, Brown --r_:..... Clayton v Mayor Taylor t:.-- • I . • • • • I • • • ___ -- ROLL CALL I • • ROLL CALL • • I • • RO LL CALL Moved Seconded Ave ........-Nav Abstain Absent Wi 11 iams L/ Sovern I/ Sllll tn L,/' Mann i--- Brown ~ -l.1ayton ,_..,,..- Mayor I ay I or ~ • • I . • • • • • _::::::1111 ...... ~~·-~-• ---- ROLL CALL M d S d d A N Ab tai Ab t ove econ e we av s n sen Williams t---' t-Sovern ,.__... c;.---:imitn ~ Mann ~ Brown V" 1..1aVton ' ------~ Mayor Taylor t-- • I . • • • • • . ..__.,,____ ROL L CALL Move d s d d econ e A \ye _,, Nay Abstain Absent Wi 11 iams I...-'~ t/ Sovern t/' sm1tn _/' ' __,,.--Mann ,_.... Brown v-- Clayton / _/' Mavor laylor -~ • • I . • \ • • • -• • ROLL CALL M d S ove d d econ e A \Ve N av Ab sta n Ab sent ~ Williams ~ Sovern ~ ::.mitn ,,_... ---Mann {./ Brown I./ .- Clayton ~ Mayor laylor ~ • • I . • • • • -• • ROLL CALL Move econded A \Ye ..,,Nay Abstain Absent Wi 11 iams L-' {./ Sovern "" :>mith 1,,/' i/' Mann {./ Brown V -1,;1avton V"' Mayor 1ay1or /----- • • I . • • • ') • - • • ROLL CALL Moved Seconded Ave Jlav Abstain Absent ...---Williams ~ Sovern 1,,/ Smnn ,,__. ~ Mann ~ Brown ,,__. c;1avton /.--- Mayor Taylor /--- • • I . \ • • ... I c, • • • ROLL CALL Move econded A ,ve , Nay Abstain Absent Williams t.- Sovern ........ :>m1tn v"' L_,..--Mann - ~/ Brown v t.1ayton t-- Mayor Taylor [__.- I • • • • -• • ROLL CALL M d S ove d d econ e A we N av Ab sta n Ab t sen ,,____ Wi 11 iams L--- /.'----Sovern 1---"" Sm1th ~ Mann ~ Brown /---- c; 1avton L-- Mayor laylor ~ • • I • • • • -• • ROLL CALL M ed S OV d d econ e A we N av Ab sta n Ab sent . ~ Williams , ..--- ~ Sovern ~ ::.m1tn ,,,_ Mann V"' Brown L/ Clayton ,.,_....-- Mavor Taylor - • • I • • • • • -• • ROLL CALL M d S ove d d econ e A 1ve N av Ab sta n Ab sent Willi ams L--- I/ Sovern ~ :,mnn v' -;--Mann -Brown ~ Clayton .---- Mayor Taylor &-' • • I • • • • • -• • - ROLL CALL Mov ed Seconded A ,ye Nay Abstain A bsent Wi 11 iams '--- v Sovern J/ '--,v Sm1th I,/ Mann 1.,/ v Brown V ----i;1avton l/ Mayor 1ay1or L--- , • • I • • • • • - • • ROLL CALL Moved Seconded A ,ve Nav Abstain A bsent Williams '_,,. -Sovern I/ _/ :sm1tn ,~ L, Mann ..... -Brown 17 -t.1ayton .,,,,... ~ Mayor Taylor 1_......- • • • I • • • • - • • ROLL CALL Moved Seconded Ave NA»-Abstain Absent Wi 11 iams v--- ............. Sovern ~ . -----,,,.,. smitn L/ Mann ,I,-" v tsrown / c1ayton .L/' -Mayor Taylor t-- • • • I • • • • In , _ n • • ROLL CALL Moved Seconded A e Na Abstain Absent or • • I • • • • I n r, • • - ROLL CALL Abstain Absent • I • • • • • ROLL CALL • I • • • - 0 ROLL CALL i) Moved Seconded Ave Nav Abs t ain Absent Wil 1 iams Sovern -Sm, tn i.,ann Brown Clayton Mayor laylor • ~ -"Yi,!/ 7 c 4e-> IV'~-/J .,£/f,:-_ Cd/~< P~£-7,,?A--t,..,q/' ~~:z_e-q- (!~~,¢', ('?,:,t<---?c', -/ t'e•-n--77?4~ I . . • •