Loading...
HomeMy WebLinkAbout1977-07-05 (Regular) Meeting Agenda- • City Council Meeting -July 5, 1977 Regular • • • - 0 • • • • - AGENDA FOR THE REGULAR MEETm:; OF THE ~D CI1Y COONCIL JULY 5, 1977 7:30 p .m. Call to order, invocation by Reverend Helen Walker, Esoteric Truth Center, pledge of allegiance by Boy Scout Troop /fl54, and roll call. 1. Minutes. (a) Minutes of the regular meeting of June 20, 1977. (copies enclosed .) ~ Pre-Scheduled Visitors. J\,c-=t J, . ~ ~ Mr. John Kreiling, 3131 South High Street, Engl~. L'-v-. i'v c. ~ representing ~ater for Colorado, will be present to I · . c:.,J..-~"-'-address Council. '" ".">''-'-• ' (r it ., ,l I h..~~ -....· 3. L Camunications -No Action Reconrnended. C'-) ' (a) Minutes of the Firerren' s Pension Board meeting of June 16, 1977. (copies enclosed.) (b) Minutes of the Policemen's Pension Board meeting of June 21 , 1977 . (copies enclosed.) 4. Camunications -Action Recoomended . (a) Minutes of the Water and Sewer Board meeting of June 21, . 1977, with the following rec CXI11e1dat .lons: (i) (ii) Proposed change in water tap fees; Request to cmmd an _9!"<lir¥!nce :i;egardi.ng size ) of aperture devise;({] of ,es -fv be -f1 a ,1s 111, H r:-cl (iii) Approval of Supplement lf6 to Valley Sanitation District; and (iv) Supplerrent to Distributor's Contract /fl, Cherry Hills Rancho Water and Sanitation District . (copy of mem::>randun from Director of Public Works to City Manager conceming 4(a) (i) and copies of minutes enclosed. • I • • ,,, r::. • • • • - Page 2 July 5, 1977 Agenda 4. C,amunications -Action Recarmended (continued). (b) Recame,dation fran the Planning and Zoning Camri.ssion meeting of June 21, 1977, concerning approval of rezoning of 3270-72-74-76-78-80 South Bannock Street fran R-2 (mediun density) to B-1 (business). (copies of recoomendation and staff report enclosed.) 5 . City Attorney. Bills for an Ordinance. (a) Bill concerning an agreement between the State of Colorado and the City of Engle'\olOOd for operation and maintenance of traffic control devices. (co ies available at Council meet· . ) (b) Bill concerning the vacation of 2700 South Elati Street and a portion of West Yale Avenue. (co ies available at Council meeting .) (c) Bill concerning the autt'k:>rization of an election for a charter convention. (co ies available at Council meet· . ) Other Matters. (d) Attorney's Ct'k:>ice. 6. City Manager. 7. (a) Mamrandun to the City Council concerning the resignation of Mr. Edward G. Smith fran the Planning and Zoning Camri.ssion and Mr. David F. Hayes £ran the Water and Sewer Board , and lis t of interested candidates for appointrrEnt. (copies enclosed.) (b) Mamrandun fran the Director of Finance to the City Manager concerning the management letter fran Shepherd and Coopany. (copies enclosed .) (c) Lease and Agreement between the City of Thornton and Engl~ for lease of approximately 1600 acre feet of water. (copies enclosed.) Other Visitors . • I • • - • • • Page 3 Jul7 s , 1977 Agenda, 8 . General Discussion. (a) Mayor's Choice. (b) Councilman's Cm ice . 9. Adj ourmient . City Manager ph • • • I . • • - • • • July 4 July 5 July 9 July 11 July 18 July 25 July 31 6/28/77 • • • C A L E N D A R O F E V E N T S 5:00 p.m. 7:30 p.m. 10:00 a.m. 7:00 p.m. 6:00 p.m. 7:30 p.m. 7:00 p.m. 8:00 p.m. 2:00 p.m. HOLIDAY -INDEPENDE NCE DAY CITY HALL WILL BE CLOSED Study session, Conference Room A; Regular Council meet ing , Council Chambers. Walking tour of Little Dry Creek. Continuation of Public Hearing on Hampden Professional Park Subdivision final plat. City Council Chambers. Study session, Conference Room A; Regular Council meeting, Council Chambers. Public Hearing on application for Beer and Wine license for Paul's Restaurant and Pizzeria, 3542 South Fox Street. Public Hearing on application for Special Events liquor license for Englewood Volunteer Fire Department, August 6, in Blue Mall, Cinderella City. · Dedication and Open House for Simon Center. I • • • • REGULAR MEE'TING : • • • COUNCIL CHAMBER S CITY OF ENGLEWOOD , COLORADO June 20 , 1977 / a. The City Council of the City o f Englewoo d , Arapaho e County , Colorado , met in regular session on June 20 , 1977 at 7 :30 p .m. Mayo r Taylor , presiding , called the meeting t o order . The invocation was given by Ernest Martin , Baha 'i Faith o f E.ng l ewood , 4700 South Elati Street . The Pledge of Allegiance was led by Boy Sc o ut Troo p #92 . Mayor Taylor asked for roll call . Upon the call of the r o ll , the followin g were present : Council Members Williams , So vern , Smith , Brown, Mann , Clayton , Taylor . Absent: None . The Mayor declared a quorum present . Also present were: City Manager Mccown City Attorney Berardini Acting Personnel Directo r Brown Dep uty City Clerk Varner ****** COUNCILMAN SMITH MOVED TO APPR OVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ON JUNE 6 , 1977 . Councilman Sovern seconded the motion . Up o n a call o f the roll , the vote resulted as f o llows : Ayes : Council Members Williams , So vern , Smith, Brown , Mann , Clayton , Taylor . Nays : None . The Mayor declared the mo tion carried • ****** COUNCILMAN SMITH MOVED TO APPR OVE TH~ MifUTE S OF THE SPECIAL CITY CO UN CIL MEETING ON JUNE 13 , 1977 . Counc ilman Br own seco nded the mo tion . Up on a call o f the r oll , the vote resulted as fol lows : Ayes: Co uncil Members Williams , Sovern , mith , Brown , Mann , Clayton , Taylo r . Nays: None . The Mayor declared the motion carried . ****** • I • • • • • • June 20 , 1977 Page 2 COUNCILMAN CLAYTON MOVED THAT AGEN DA ITEM 4e BE MOVED UP FOR ACTION AT THIS TIME . Councilman Brown seconded the mo tio n . Up on a call of the roll , the vote res ulted as f ollows : Ayes : Counc i l Members Williams , So vern , mith , Brown , Mann , Clayton , Taylor . Nays: None . The Mayo r d e clared the mo tion carri ed . City Manage r Mcc own presented a memor andum fr om Directo r o f Fina n ce James concerning new l i q uo r license procedures whereby petitio ning of the area wo uld be the full respons ibility o f the City . This memorandum rec ommends hiring a pro fessi onal firm o r a part-time perso n t o do the petitio ning . There would be three petitio ns circul ated--one in favor of , o ne not in favo r of , and one ne utral . City Man ager Mccown ex lained that this p r oc e dure change is an effort t o p r ovide a clearer picture of the desires of the resident s . COU CILMAN SMI TH MOVED TO AD OPT LIQU OR LICENSE PROCEDURES UTILIZI NG A PROFESSIONAL FIRM FOR PE TITIONING , THIS TO BE EFFECTI VE IMMEDI ATSLY . Co unci l - man Sovern sec onded the mo tion . Councilman Mann stated he feel s both optio ns shou ld be left op en for using a profes sio nal firm o r a part -time empl oyee . Cou ncilman Br own s tated he feels the petitio ning should be l eft out o f the City 's hands , whi ch could be easier accomplished by using a pr of essio nal firm . Up on a call o f the r oll , the vote resulted as follo ws : Ayes: Council Members Sovern , Smith , Br own , Clayt on , Taylo r . Nays: Co uncil Members Wi lliams , Mann . The Mayor d eclared the mot i on carried . ****** COUNCILMA..~ CLAYTO! MOVED 'IO BRI G AGENDA ITEM "MAY OR I S CHOICE " UP AT THI TIME . Councilman Br own s e con ed the motion . Up on a call of the r oll , the v ote resul ed as foll s: Ayes : Council Members Wi lliams , Sovern , Smith , Br own , Mann , Clayto n , Taylo r . Nays: None . The Mayor declared the mo tio n carried . • I • • • • • • • June 20 , 1977 Page 3 Mayor Taylor presented a Conroendation to City Manager McC own commending him for the publication of his article entitled "Referendum Impasse Plan Wo rk s in Englewood , Colorado " in the June 1977 issue o f the Labor Management Relatio ns Service national newsletter. ****** Paul H. Daghlian , 7169 South Webster Street , Littleto n , and Doug Johns on , Attorney , 1337 Delaware Street , Denver , appeared to request a pub l ic hearing date on a liquor license application for Paul 's Restaurant and Pizzeria , 3452 South Fox Street , Englewood . COUNCI LMAN SMITH MOVED TO SET A PUBLIC HEARING ON JULY 25 , 1 977 AT 7 :00 P .M. IN THE CITY COUNCIL CHAMBERS FOR A LIQUOR LICENSE APPLICATION FROM PAUL H. DAGHLIAN AND SHAKE DAGHLIAN , D/B/A PAUL 'S RESTAURANT AND PIZZERIA , 3 52 SOUTH FOX STREET , ENGLEWOOD ; AND SETTING A ONE -MILE RADIUS AREA . Council- man Mann 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 . ****** Marvin Johnson , 4220 South Huron Street , appeared co nce rn ing enforce- ment of the animal contr ol or d inance . Mr . John s o n stat ed he feels the o rdi nance should be changed to provide greater r estrictions and t o be more spe c i fic . Mr . Johnson 's specific problem c oncern s a rabbit lot i n his neighbo rhood , which has been taken up in court . Co uncilman Smith requested a review o f this case by the City Atto rney wi th a repo rt back t o City Counc i l . ****** Le o G. Mills , 4901 South Delaware Street , appeared t o request an encroachment into the City 's right -of-way o n t 'he no rth and east sides of his property f o r the installation of a 42-inch chain link fence . The encro achment wo uld be eight feet o n the north side , which is adjacent to West Chenango Avenue , and three feet o n the east side , which is adjacent to South Delaware Street . The City 's only recommended stipulatio n is that the fence have a minimum one -foot setb~ck fr om the back of the s idewalk . COUNCILMAN CLAYTON MOVED TO GRANT THIS ENCROACHMENT REQUEST . Councilman Mann seconded the motion . Upon a call of the r oll , the vote resulted as f ollows : Ayes : Council Members Williams , Sovern , Sm ith, Br own , Mann , Clayton , Taylo r • I • • • • • • June 20 , 1977 Page 4 Nays: None . The May o r declared the mo tion carried . * * * * * * "Communications-No Action Rec ommended " o n the agenda were received: a . Minutes of the Planning and Zo nin g Commission meeting of May 3 , 1977 . b . Minutes of the Planning and Zoning Commission meeting of J une 7 , 1977 . c . Minutes of Career Service Board meeting of May 19 , 1977 . d . Minutes o f the Police Pension Board meetings o f June 3 , 1977 and J une 7 , 1977 . e . Minutes of the Fire Pensio n Bo ard meeting of J une 2 , 1977 . f . Minutes o f the Denver Regi o na l Co un c i l o f Government s meeting of May 18 , 1977 . g . Financial Report f o r May 1977 . ****** City Manager McC own presented a reco mmendati o n from the Par ks and Recreatio n Commission that 6 11 x 14 " oak framed plaques with Micarta insets giving the name of the pers on t o be mem oralized be used for the eleven rooms (do nors o f $2 ,000 and over) at the El sie Malley Centennial Center and that 2" x 5" pli.ques be used for the names of tho se c ontributing $156 t o $1 ,500 . Mr . Mcc own n oted this is also the rec ommendati on from the architect o f the pro ject . COUNCILMAN BR OWN MOVED 'IO ACCEPT THIS RECOMMENDATION FROM THE PARKS AND RECREATION COMMIS SION , AS WELL AS THE ARCHITECT . Councilman Smith seconded the moti on . Upon a call o f the r oll , the v ote resulted as follows : Ayes : Council Members Williams , Sovern , Smith , Br own , Mann , Clayton , Taylor . Nays : None . The Mayor declared the motion carried . ****** City Manager McC own presented a r ecommendation from the Parks and Recreation Commiss i on that City Council pass an ordinance allowing for the consumption o f 6% beer in city parks o n a trial basis f o r a period o f one • I • • • June 20 , 1977 Page 5 • • • year , at which time the o rdinance woul d cease t o be looked at again wi th regard to problems there may have been , h ow enforceable the o rdinance was , etc . Mr . Mccown stated that Director of Parks and Recreation Romans favors this reco mmendation but has serious reservations about allowing beer at ertain special events . Mr . Mccown also stated that Chief of Police Holmes feels there are serio us problems involved with requiring 6% beer and with consump- tion of beer at special events such as ball games . COUNCILMAN SOVERN MOVED TO RECEIVE THIS RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION AND TO PL ACE IT ON THE AGENDA FOR THE FIRST REGULAR CITY COUNCIL MEETING IN AUGUST . Councilman Mann seconded the motion . Councilman Smith recommended Council 's consideration of having this item as a referendum on the b allot . Councilman Sovern requested a legal op ini on from the City Attorney regarding the concer ns of the Director of Parks and Rec reatio n and the Chief of Police . Mayor Taylor requested Council 's considerati.o n of esignating one park for allowi ng b eer consumption where picnics and other special events could be held . Councilman Sovern also requested a legal opinio n from the City Atto rney on how t o handle specific cases where beer and alcohol are served , other than in the parks . Upon a call of the roll , the v ote resulte as f ollows : Ayes : Council Membe r s Wi lliams , Sovern , Smith , Br o wn , Mann , Clayton , Taylor . Nays : None . The May o r declared the motion c arri ed . ****** City Manager Mccown p r esented two recommendati ons from the Water and Sewer Board : (1) for approval of a contract to lease 2 ,000 acre feet of agricultural water to Central Colorado Water Conservancy District in 1977 at $10 per acre f oot ; and (2) for approval o f a contract to lease 1 ,000 acre feet of agricultural water t o Ground Water Appr opr iators of the South Platte River in 1977 at $10 per acre foot . COUNCILMAN SOVERN MOVED TO AUTHORIZE THE MAYOR TO ENTER INTO AGREEMENTS WITH c .c .w.C.D. AND G.A.S .P .' AND THAT THE AGREEMENTS WE HAVE BEEN CONSIDERING BE AMENDED TO PROVIDE THEM WITH WATER IN PROPORTION TO THEIR REQUESTS FOR THAT AMOUNT WHICH IS AVAILABLE FROM DIRECT FLOW TO BE OBTAINED DURING THE YEAR 1977 FROM THE RANCH CREEK PROJECT . Councilman Smith seconded the mo ti on . Upon a call of the r oll , t h e vo t e r esulted as follo ws: I • • • • • - June 20 , 1977 Page 6 Ayes: Counc il Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays: None . The Mayor declared the motion carried . ****** COUNCILMAN CLAYTON MOVED TO APPROVE THE 3 .2 BEER LICENSE RENEWAL FOR SPORT BOWL , 3295 SOUTH BROADWAY , ENGLEWOOD . Councilman Sovern seconded the motion . Upon a caJ.l of the r oll , the vote resulted as follows : Ayes : Council Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : Non e . The Mayor declared the motion carried . ****** COUNCILMAN CLAYTON MOVED TO APPROVE THE 3 . 2 BEER LICENSE RENEWAL FOR BOB 'S GROCERY , 3296 SOUTH WASHINGTON , ENGLEWOOD . Councilman Sovern sec onded the motion . Upon a call o f the r oll , the vote resulted as f ollows: Ayes : Council Members Williams, So vern , Smith , Brown , Mann , Clayton , Taylor . ays : None . Th e May or declar ed the mot i on carried . ****** INTRODUCED AS A BILL BY COUNCIL MEMBER SOVERN BY AUTHORITY ORDINANCE NO . 14 SERIES OF 1977 AN ORDIN ANCE AUTHORIZING A CONTRACT WITH THE STATE OF COLORAIX) FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HEALTH , WATER QUALITY CO TROL COMMISSION , AND THE CITY OF ENGLEWOOD TO CONSTRUCT BACKWASH WATER TREATMENT FACILITIES AT THE ALLEN AD BEAR CREEK WATER TREATMENT PLANTS . COUNCILMAN SOVERN MOVED TO PASS ORDINANCE NO . 14 , SERIES OF 1977 , ON FINAL READING . Councilman Mann seconded the motion . Upon a call of the r oll , the vote resulted as f ollows: Ayes : Council Members Wi lliams , Sovern , Smith , Brown, Mann , Clayton , Taylor . • I • • ...... • • • • - June 20 , 1977 Page 7 Nays: None . The May or declared t he motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCIL MEMBER SMITH BY AUTHORITY ORDINANC E NO. 15 SERIES OF 1977 AN ORDINANCE AMENDING SECTION 3 , CHAPTER 5 , TITLE I , AND SECTION 7 , CHAPTER 2 , TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY CHANGING THE TITLE OF PERSONNEL DIRECTOR TO EMPLOYEE RELATIONS DIRECTOR . COUNCILMAN SMITH MOVED TO PASS ORD I NANCE NO . 15 , SERI ES OF 1977 , ON FINAL READING . Councilman Clayton seconded the motion . Up on a call of the roll , the v ote resulted as follows : Ayes : Co u ncil Members Williams , Sovern , Smith , Br own , Mann , Clayton , Taylor . Nays : None . The Mayor declared the motion carried . * * * * * * City Atto r ney Berardini presented a Bill for an Ordinance repealing and reenacting sections o f the Englew ood Municipal Code entitled "auto wrecki ng and j unk yards ". He recommended sending this t o the Planning and Zo n ing Commission f or further recommendati ons . CO UN CILMAN CLAYT ON MOVED TO POSTPONE THIS BILL FOR AN ORDINANCE UNTI L A LATER DATE . Councilman Mann seconded the moti on . Darlene Musse lman , Mussel man Auto Wrecking and Eur opean Auto Wrec king , appeared and presented questi ons , which we re answered by City Attorney Berardini . Up on a call o f the r o l l , the vo te resulted as f ollows: Ayes : Counci l Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylo r . Nays : None • The May or declared the mot i on carried . * * * * * * • , I • • I n .,.. r, • \ • • • • June 20 , 1977 Page 8 City Attorney Be r ardini gave a brief report concerning filing suit aga inst the car sh r edder operation on West Oxford Avenue . He stated that De nver Metals has filed a law suit against the Arapahoe County Commissioners attacking their ruling denying Denver Metals ' Ce rti ficate of Desi gnati o n and t he fact that they do not come under the law relating t o solid waste . Denver Metals is asking that they be permitted to begin operations as of July 15 , 1977 . Mr . Berardini stated he has filed a suit against Denver Metals in Arapahoe County District Cou r t and has asked for an injunction prohibiting them from proc eeding on the basis that they built a substantial portion of the car s hredder in a f lood plain and hat they failed to comply with the co unty sub-division re gulati ons , as we ll as the state regulations d i viding l and without filing a sub-division plat . Mr . Berar dini no ted there wi ll be a sitting concerning the City 's motion on June 23 , 1977 a nd a hearing on Denver Metals ' motion o n July 13 , 1977 . COUNCILMAN CLAYTON MOVED THAT CITY COUNCIL RATIFY AND APPR OVE THE ACTION TAKEN BY THE CITY AT'roRNEY CONCERNING DENVER METALS AND THE CAR SHREDDER OPERATION . Councilman Smith seconded the mot ion . Up o n a call of the r el , the vo te resulted as follows : Ay es : Co un c i l Members Sovern , Sm ith , Brown , Mann , Clayto n , Taylor . Nays : Council Member Williams . The May or d eclared the motion carried . * * * * * * City Manager Mcc own presented a reso lut i o n amending the S ix-Qu arter Budget to appropriate $35 ,000 t o the Englewood Housing Authority t o provide furniture and fixtures f or the Simon Center . Mr . Mccown noted this mone y wi ll be r eturned to the City once the Housing Authority has collected the money . RESOLUTI ON NO . 32 , SERIES OF 1977 A RE SO LUTION AMENDING THE SIX -QUARTER BUDGET . COUNCILMAN MANN MOVED TO PASS RESO LUTI ON NO . 32 , SERIES OF 1977 . Counc ilman Sovern seco nded the mo tion . Up on a call o f the r oll , the vote resulted as follows : Ayes : Co uncil Members Wil liams , Sovern , Smith , Brown , Mann , Clayton , Taylo r . Nays : None . The May or declared the motio n carried . * * * * * * City Manager McCo wn presented a letter from the Arapaho e Co unty Board of Commissioners submitting the name of J ohn R . Crowley for reappo int- ment t o the Board o f Directors of the Re gi o nal Transp ortation District f o r a fou r -year term ending July 1 , 1981 . • I • • • • • • • June 20 , 1977 Page 9 COUNCILMAN CLAYTON MOVED TO APPROVE THE REAPPOINTMENT OF JOHN R. CROWLEY A5 A REPRESENTATIVE OF ARAPAHOE COUNTY TO THE R.T.D. BOARD . Councilman Brown seconded the motion . Up o n a call of the roll , the v ote resulted as follows: Ayes : Council Members Williams , Sovern , Brown , Clayton , Taylor . Nays : Council Members Smith , Mann . The Mayor declared the moti on carried . COUNCILMAN CLAYTON MOVED THJ.T THE CITY MANAGER AND MAYOR DRAW UP A LETTER TO THE R.T.D. BOARD STATING CITY COUNCIL 'S CONCERNS OVER THE LACK OF COMMUNICATION BETWEEN THE CITY AND THE R.T .D. BOARD . Councilman Mann seconded the motion . After discussion , the moti on and sec ond were withdrawn . COUNCILMAN SOVERN MOVED TO SEND A LETTER FROM ENGLEWOOD CITY COUNCIL TO THE ARAPAHOE COUNTY COMMISSIONERS AND THE REGIONAL TRANSPOR TATI ON DISTRICT OBJECTING TO THE LACK OF ACCOUNTABILITY THAT THE R. T . D. BOARD HAS TO THE PUBLIC AT LARGE AND TO THE ELECTED OFFICIALS THROUGHOUT THE DENVER METRO AREA , WITH COPIES TO BE SENT TO THE LEGISLATORS . Councilman Sm i th seconded the motion . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , So vern, Smith , Brown , Mann , Clayton , Taylor . Nays : None . The Mayor declared the mo tion carried . ****** City Manager McCown presented a memorandum from Chief of Police Holmes concerning the Civil Defense Program and r ecommending that the various entities in the south metropolitan area jointly fund and employ Mr . Stan Bush as the disaster coordinator or civil defense director . Councilman Sovern expressed concern over the need for a set "gam e - plan" with full awareness of responsibilities , as well as what the end results will be . COUNCILMAN SOVER MOVED TO MEET WITH THE CITY OF LITTLETON , MR . STAN BUSH , AND THE CITY STAFF CONCERNING THE DEVELOPMENT OF AN EMERGENCY PREPAREDNESS PLAN . Councilman Smith seconded the motion . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : Council Member Williams . The Mayor declared the mot i on carried . * * * * * * • I • • n n - • • • - June 20 , 1977 Page 10 City Manager McC o wn reported that there is now a Retired Employee s Asso ciation o pen f o r member s hip by all f o rmer City emp loyees . * * * * * * City Manager McCo wn presented two reso luti ons received fr om CONSEN SUS , one co ncernin g annexation o f the unincorpo rated area o f Arapaho e County west of S anta Fe Drive between Oxford Avenue and Uni on Avenue and o ne c o ncerning improve- ments t o Santa Fe Drive and U.S .285 . ****** City Manager McCown presented a letter dated May 31 , 1977 fr om Governor Lamm regarding activities o f his o ffice and the legislature . * * * * * * City Manager McCown expressed his appreciation t o City Co uncil f o r the Commendatio n he received earlier in the meeting . ****** Maurice J o nes , 5020 South Washington , appeared and stated he is in complete agreement with City Counc il pro viding the money f o r the furnishings for the Simon Center until the Housin g Autho rity col lects the mo ney . ****** J erry VonFre l lick , 10950 West 26th Avenue , Lakewood , appeared as a representative o f CO SENSU S and presented a resolutio n passed by their mo derato rs o n June 17 , 1977 c oncerning pro posed Santa Fe Drive improvements . This reso lutio n requests the Englewoo d City Co uncil t o establish a firm policy favo ring realignment o f east-west traffic on Hampden between Bro adway and Santa Fe t o a one-way c ouplet using Hampden to accommodate westbo und traffic and Ithaca t o serve eastbound traffic , and t o request the Highway Commissio n t o pro vide the necessary land and improvements o n Hampden at Broadway and Santa Fe s o as t o accommodate such a o ne-way couplet alo ng the Hampden c o rrido r . May o r Taylor stated this wi ll be discussed at the Ci ty Counci l study sessio n on July 5 , 1977 . Mr , Vo nFrellick also presented a reso lution t o be passed by City Council establishing land use f o r the Arapahoe County Comprehensive Plan for the unincorpo rated areas no rth and west of Englewood and south o f Sheridan . RES OLUTION NO. 33 , SERIES OF 1977 A RE SO LUTI ON ESTABLISHING LAND USE FOR THE ARAPAHOE COUNTY COMPREHENSIVE PLAN FOR THE UNINCORPORATED AREAS NORTH AND WEST OF ENGLEWOOD AND SO UTH OF SHERIDAN , COUNCILMAN MANN MOVED TO PASS RESOLUTION NO , 33 , SERIES OF 1977 , CounciJJnan S overn seconded the mot i on . Up on a call of the r oll , the vote resulted as f o llows: • I • • ~ I n n - • 0 • • • • June 20 , 1977 Page 11 Ayes : Council Members Wil l iams , So vern , Sm i th , Brown , Mann , Clayton , Taylor . Nays : None . The Mayor declared the mot i on carried . COUNCILMAN BROWN MOVED TO AMEND RESOLUTI ON O. 33 , SE RIES OF 1977 , TO MORE CLEARLY REFLECT PASSAGE BY THE CITY COUNCIL OF THE CITY OF ENGLEWO OD. Counc ilman Mann seconded the motion . Up on a call o f the r oll , the vo te resulted as follows: Ayes: Council Members Williams , Sovern , Smith , Br oWJ'.I , Mann , Clayton , Taylor . Nays : None . The May or declared the motion carried . * * * * * * COUNCILMAN BROWN MOVED TO SET A PUBLIC HEARING ON JULY 25 , 1977 FOLLO WING THE PUBLIC HEARING AT 7 :00 P .M. TO CONSIDER AN APPLICATION FOR SPECIAL EVENTS PERMIT -BEER , WINE & LIQUOR , FROM THE ENGLEWOOD VOLUNTEER FIRE DEPARTMENT . Councilman Mann seco nded the motion . Up on a call o f the r oll , the vote resulted as f ollows : Ayes : Council Members Williams , Smith , Br own , Mann , Clayton , Tay lor . Nays : None . Abstai n : Co uncil Member Sove rn . The Mayo r declared the mot i on carried . ****** Co uncilman Sove rn made a brief report concerning the Denver Regi onal Council of Governments 208 Waste Water Management Plan . He no ted that DRCOG wi ll be re questing a meeting with the cities o f Englewo od and Littleton probably s ometime during July . ****** Mayo r Taylor noted there wi ll be a walk t o Wolf Creek fr om Englewood Dam beginning at 10 :00 a .m. on July 9 , 1977 t o consider alternates for Little Dry Creek . ****** CO UNCILMAN MANN MOVED TO APPROPRIATE $430 TO PURCHASE 200 TICKETS FOR THE ENGLEWOOD OLD TIMERS ASSOCIATION TO SEND 200 BOYS AND GIRLS TO ENGLEWOOD OLD TIMERS NIGHT AT BEAR STADIUM . Councilman Smith seconded the motion . Upon a call o f the r oll , the vote r esulted as f ollows : • I • • - - • • • June 20 , 1977 Page 12 • • • Ayes : Council Membe r s Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : No ne . The Mayor declared the moti o n carried . ****** There being no further business , May or Taylor ad j o urned the City Council meeting at 10 :25 p .m. Deputy City Clerk • I • • In ... n ( REGULAR MEETING: • • • COUNCIL CHAMBEfl CITY OF ENGL1'WOOD , COLORADO J une 20 , 1977 J a . Th e City Council o f the City o f En glewood , Arap aho e County , Colorado , met in r egular session on June 20 , 1977 at 7:30 p .m. Mayor Taylor, presiding , called the meeting to order . The invocation was given by Ernest Ma rtin , Baha 'i Faith of Englewood , 4700 South Elati Street . The Pledge of All egiance wa s l ed by Boy Scout Troop #9 2 . Mayor Taylor asked f or r oll call . Upon the call of the r oll , the f ollowing were present: Council Members Williams , Sovern, Sm ith, Brown , Mann, Clayton , Tay lor . Absent : Non e. The May or declared a quorum present. Als o present were : Ci ty Manager McC own City Attorney Berardini Acting Personnel Director Brown Deputy City Clerk Va rner ****** COUNCILMAN SM ITH MOVED TO APPROVE THE MINUTES OF THE RE GULAR CITY COUNCIL MEETING ON JUNE 6 , 1977 . Councilman So vern seconded the motion . Up on a call o f the roll , t he vote resulted as follows: Ay e s: Co un cil Members Williams , Sovern , Smith , Br own, Man n , Cl ayton , Taylor . Nays : None . The Mayor declared the motion carried . ****** COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING ON JU NE 13, 197 7 . Counc ilman Brown sec onded the mot i on . Up on a call of the roll , the vote resulted as follows: Ayes: Council Membe rs Williams , Sovern, Smith, Br own, Mann , Clayton , Taylor . Nays: None . Th e Mayor declared the motion carr ied. ****** I • • June 20 , 1977 Page 2 • • - COUNCILMAN CLAYTON MOVED THAT AGENDA ITEM 4e BE MOVED uP FOR ACTI ON AT THIS TIME . Councilman Brown seconded the motion . Upon a call of the r oll , the vote resulted as follows : A es : Counc i l Members Wil l iams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : No ne . The Mayor decla red the motion carried . City Manager Mcc own presented a memorandum from Director of Finance James c oncerning new liquor license procedures wher e by petitioning of the a r ea would be the full respo nsibility o f the City . This mem orandum rec ommends hiring a professional firm o r a part-time perso n t o do the petitioni ng . There wo u ld be three p e t itions circulated--one in favor of , on e not in favo r of , and o ne neutral . ity Manager Mccown explained that this procedure change is an effort to provide a clearer picture of the desires of the residents . COUNC ILMAN SMI TH MOVED TO ADOPT LIQUOR LICENSE PR OCEDURES UTILIZING A PROFESSIO NAL FI RM FOR PETITIONING , THIS TO BE EFFECTIVE IMMEDIATELY . Council- man Sovern seconded the motion . Co uncilman Mann stated he feels bo th o ptio ns should be left op en for using a pr ofes sional f irm or a part-time emp l oyee . Councilman Brown stated he feel s the pe titi o ning should be left out of the City 's h ands , which c o uld b e easie r accomplished by using a pr of essional firm . Upon a call of the r oll, the v ote resulted a s follows: Ayes : Council Membe rs Sovern , Smith , Br own , Cl ayton , Taylo r . . Nays: Co un cil Members Wi lli ams , Mann . The May or declared the motio n carried . ****** COUNCILMAN CLAYTON MOVED TO BRING AGE NDA ITEM "MAYOR 'S CHOICE " UP AT THIS TIME . Counc i lman Br own s e c ondeQ the m:,tion . Upon a call of the r oll , the vote resulted a s follows: Ayes: Council Membe r s Wi lliams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : None . The May or declared the mot i on carried . • I • ' • • • • June 20 , 1 977 Page 3 May o r Taylo r p resented a Comnendatio n t o City Mana g er McC own co mmen ding him f o r the pub l ication o f his article entitled "Referendum Impasse Plan Wo rks in Eng l ewood , Colorado " in the June 1977 issue o f the Lab or Management Relatio ns Service nati onal news l etter. ****** Paul H. Da ghlian , 7169 South Webster Stree t, Littleto n , and Do ug Johns o n , Attorney , 1337 Delaware Street, Denver , appeared t o request a public hearing date on a liquor l i c ense application for Paul 's Restaur a nt and Piz zer ia , 3452 So uth Fox Str eet , Englewo o d . COUNCILMAN SM ITH MOVED TO SET A PUBLIC HEARING ON JULY 25 , 1977 AT 7 :00 P .M. IN THE CITY COUNCIL CHAMBERS FOR A LIQU OR LICENSE APPLICAT IO N FROM PAUL H. DAGHLIAN AND SH AKE DAGHLIAN , D/B /A PAUL 'S RESTAURANT AND PIZZERIA , 34 52 SOUTH FOX STREET , ENGLEWOOD ; AND SE'ITING A ONE -MILE RADIUS AREA . Co unci l - man Mann sec onded the mot i on . Upon a call of the r oll , the vo te resulted as f o llows : Ayes : Co uncil Members Williams , Sovern , Smith , Bro wn, Mann , Clayt on , Taylo r . Nay s : None . The May or d e cl ared the motion carried . ****** Marvin J ohn son, 4220 So uth Hur on Street, appeared c o n cerning enforce- men o f the animal c ontrol o rdinance. Mr . Johnson stated he feel s the ordinance s hould be changed to prov ide greater restrict i ons and t o be mo re specifi c . Mr . J ohns on 's spec ific problem concerns a rabbit lot in his neighbo rhoo d , whi ch has bee n taken up in court . Co uncilman Smi th reque sted a revi ew o f this case by the City Atto rn ey with a repo rt back t o City Co un cil . * * * * * * Leo G. Mills , 4901 South Delawa re Street , appeared t o request an e nc r oachme nt into the City 's right-o f -way o n the no rth and east sides o f hi s pr operty f o r the installation o f a 42-inch c hain l ink f ence . The encro achment wo u l d be eight feet o n the no rth side, which is adjacent to West Chenango Ave nue, and three feet o n the east side , which is adjacent t o So uth De l aware Str e et. The City 's only recommended st i pulatio n is that t h e fence have a mini mum one -f oot setbGc k fr om the back o f the sidewalk . COUNCILMAN CLAYT ON MOVED TO GRANT THIS ENCROACHMENT RE QUEST . Councilman Man n sec onded the moti on . Upon a call o f the r o ll , the v ote resulted as f o llows: Ayes : Council Members Williams, Sovern , Smith, Brown, Mann , Cl ayto n , Taylor • • I • • e • • • • June 20 , 19T7 Page 4 Nays: No ne . The May o r declared the motion carried . * * * * * * "Communications-No Action Recommended " o n the agenda were received: a . Minut e s of the Planning and Zoning Commission meeting o f May 3 , 1 977 . b . Minutes of the Plann ing and Zoning Commission meeting of June 7 , 1977 . c . Minutes of Career Se rvice Board meeting of May 19 , 1977 . d . Minutes of the Polic e Pension Board meetings of June 3 , 1977 and June 7 , 1977 . e . Minutes of the Fire Pension Bo ard meeting of June 2 , 1977 . f . Minute s of the Denver Regional Council of Go vernments meeting of May 18 , 1977 . g . Financial Report fo r May 1977 . * * * * * * City Manage r Mccown presented a rec ommendatio n from the Parks and Recreation Commis sion that 6" x 14 11 oak framed plaques with Micarta insets giving the nam e o f the person t o be mem oral ized b e use d for the eleven rooms (do no rs of $2 ,000 and over) at the Elsie Malley Centennial Ce nter and that 2" x 5" plaques be used for the names o f thos e contributing $156 t o $1 ,500 . Mr . Mcc own noted this is also the rec ommendati on fr om the architect of the proj ect . COU NCILMAN BROWN MOVED TO ACCEPT THIS RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSIO N, AS WELL AS THE ARCHITECT . Councilman Smith seconde he motion . Upon a call of the roll , t h e vote resulted as f ollows: Ayes : Counci l Members Williams , Sove r n , Smith , Brown , Mann , Clayton , Taylor . ays: None . The May o r declared the motion carried . ****** City Manager Mcc own prese nted a recommendation from the Parks and Rec reation Commission that City Council pass an ordinance a llowing f o r the consumption o f 6~ beer in city parks on a trial basis for a period of one I • • 1 • ·In • • • June 20 , 197'7 Page 5 year , at which time the ordinance would c e ase to be looked at again with reg ard t o problems there may have been , how enforcea ble the o rdinance was , etc . Mr . Mcc own stated that Directo r of Parks and Recreation Romans favo rs this recommendation but has serio us reservati ons ab o ut allowi ng beer at certain special events . Mr . McCown also s tated t hat Chief of Polic e Holmes feel s there are serious pr oblems involved with r equiring 6% beer and with consump- tio n of beer at special events s uch as ball games . COUNC ILMAN SOVERN MOVED TO RECEIVE THIS RECOMMENDAT ION FROM THE PARKS AND RECREATI ON COMMISSION AND TO PLACE IT ON THE AGENDA FOR THE FIRST REGULAR CITY COUNC IL MEETING IN AUGUST . Councilman Man n second ed the motio n . Cou ncilman Sm ith recommended Counc i l 's cons iderati o n of having this item as a r eferendum on the ballot . Councilman So ve rn requested a legal o pinion fr om the City Atto rney re gar ding the c o ncerns o f the Director of Parks an d Re c re ati o n and the Chief o f Police . May o r Tayl o r requested Co uncil 's considerati on o f designating one park f or allowi ng beer co nsumptio n where picnics and other special events c ould be held . Co un cilman Sovern also requested a legal o pinio n from the City Atto rney on how to handle speci fic cases where beer an d alcohol a r e served , other than in the parks . Upon a call o f the r o ll , the v ote resulted as follows : Ayes: Cou ncil Members Williams, Sovern , Smith , Br o wn , Mann , Clayton , Tay lor . Nays: None . The May o r declared the mo tio n c arried . * * * * * * City Manager Mc Cown p r esented two recommendations from the Water and Sewer Board : (1) f o r appr o val o f a co ntract t o lease 2 ,000 acre feet o f agricultural wa er t o Central Colorado Water Conservancy Dist rict i n 1977 at $10 per acre foot ; and (2) for approval o f a contract to l ease 1 ,000 ac r e feet of agricult ral water to Gr ound Water Appropriato r s of the South Platte River i n 1977 at $10 per acre foo t . COUNCILMAN SOVERN MOVED TO AUTHORIZE THE MAYOR TO E TER INTO AGREE MENTS WI'l'H c .c .w.c .D. AND G.A.S .P .' AN D THAT THE AGREEMEN TS WE :!AVE BEEN CONSIDERING BE AMENDE D TO PRO VIDE THEM WITH WATER IN PROPORTION TO THEIR RE QUEST S FOR THAT AM OUNT WHICH IS AVAILABLE FROM DIRECT FLOW TO BE OB TAIN ED DURING THE YEAR 1977 FROM THE RANCH CREEK PROJECT . Councilman Smi th seconded the moti on . Up on a call of the r o ll, the vote re sulted as f ollows : • I • • June 20 , 191"7 Page 6 • • - Ayes: Council Members Williams , Sovern , Smith , Brown , Mann , Clayton , Tayl or . Nays : None . The Mayor declared the motion carrie d . ****** COUNCILMAN CLAYTON MOVED TO APPROVE THE 3 , 2 BEE R LICENSE RENEWAL FOR SPORT BOWL , 3295 SOUTH BROADWAY , ENGLEWOOD . Councilman So vern seconded the motion . Up on a call o f t h e roll , the vote re sulted as follows : Ayes: Council Members Wi lliams , Sovern , Smith , Brown, Mann , Clayton , Taylor . Nays : None . The Mayor declared the motion carried . ****** COUNC ILMAN CLAYTON MOVED TO APPROVE THE 3 .2 BEER LICENSE RENEWAL FOR BOB 'S GROC ERY , 3296 SOUTH WASHINGTO N, ENGLEWOOD . Councilman So~ern seconded the motion . Upo n a call of the r o ll , the v ote resulte d as foll ows : Ayes : Council Members Williams , So vern , Smith, Brown , Mann , Clayton , Tay lor . Nays : No ne . The Mayor declared the motion carried . ****** INTRODUCED AS A BILL BY COUNCIL MEMBER SOVERN BY AUTHORITY ORD INANCE NO . 14 SERIES OF 1977 AN ORDI ANCE AUTHORIZING A CONTRACT WITH THE STATE OF COLORADO FOR THE USE AND BENE FIT OF THE DEPARTMENT OF HEALTH , WATER QUALITY CONTROL COMMISSION , AND THE ITY OF ENGLEWOOD TO CONSTRUCT BACKWASH WATER TREATMENT FACILITIES AT THE ALLEN AID BEAR CREEK WATER TREATMENT PLANTS . COU CILMAN SO VERN MOVED TO PASS ORDINANCE NO . 14 , SERIES OF 1977 , O FI NAL READING . Councilman Mann seconded the motion . Upon a call of the r oll , the vote resulted as follo ws: Ayes : ouncil Members Williams , So ve r n , Smi th , Brown , Mann , Clayton , Taylor . • I • • n ·I - f ( • June 20 , 1977 Page 7 Nays: None . • • - The May or declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCI L MEMBER SMITH BY AUTHORITY ORD INANCE NO . 15 SERIES OF 1977 AN ORDINANC E AMENDING SECTION 3 , CHAPTER 5 , TITLE I, AND SECTION 7 , CHAPTE R 2 , TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY CHANGING THE TITLE OF PERSONNEL DIRECTOR TO EMPLOYEE RELATIONS DIR ECTOR . COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO . 15 , SER IES OF 1977 , ON FINAL READING . Councilman Clayton s econded the motio n . Up on a call o f the roll , the vote resulted as follows: Ayes : Council Members Williams , Sovern , Smith , Br own, Mann, Clayton , Taylor. Nays: None . The May or declared the motion carried . * * * * * * City Attorney Berardini presented a Bill for an Ordinance repealing and reenacting secti ons o f the Englew oo d Municipal Code entitled "auto wrecking and junk yards". He recommended sending this to the Planning and Zoning Commission f or further recommendatio ns . COUNCILMAN CLAYTON MOVED TO POS TPONE THIS BILL FOR AN ORDINANCE UNTIL A LATER DATE . Councilman Mann seconded the moti on. Darlene Musselman , Musselman Aut o Wrecking and European Auto Wrecking , appeared and presented questions, which wer e ans wer ed by City Attorney Berardini • Upon a call o f the roll , the vote resulted as follows: Aye s : Council Members Williams , Sovern , Smith , Brown , Mann , Clayton, Taylor . Nays: None . The May or declared the motion carried . ****** I • • - • • • • - June 20 , 1977 Page 8 Ci ty Attorney Berardini gave a brief report concerning filing suit aga inst the ar shredder operati on on West Oxford Avenue , He stated that Denver Metals has filed a law suit against the Arapahoe County Commissioners attacking heir rul ing denying Denver Metals ' Certificate o f Designation and the fact that they d o no t come under the law relating t o s olid waste . Denver Metals is ask ing that they be permitted to begin operatio ns as of July 15 , 1977 , Mr . Berardini stated he has filed a suit against Denver Metals in Arapahoe Co unty District Cou rt and has asked for an inj unction prohibiting them from proceeding on the basis that they built a substantial portion o f the car shredder in a flood plain and that they failed to comply with the co unty sub-divisi on regulations , as well as the state regulations dividing land without filing a sub-division plat . Mr . Berardini noted there will be a sitting concerning the City 's mo tion o n June 23 , 1977 and a hearing on Denver Metals ' motion on July 13 , 1977 , COUNCILMAN CLAYTON MOVED THAT CITY COUNCIL RATIFY AND APPROVE THE ACTION TAKEN BY THE CITY ATTORNEY CONCERNING DENVER METALS AND THE CAR SHREDDER OPERATION . Councilman Smith seconded the motion . Upon a call of the roll , the vote resulted as follows : Ayes: Council Members Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : Council Member Williams . The Mayor declared the motion carried , ****** City Manager McCo wn presented a re soluti o n amending the Six-Quarter Budget t o appropriate $35 ,000 t o the Englewood Housing Authority to pro vide furniture and fixtures for the Simon Cente r, Mr . Mcc own noted this mon ey wil l be returned to the City once the Housing Au thori t y has collected the money . RESOLUTION NO , 32 , SERIES OF 1977 A RESOLUTION AMENDING THE SIX -QUARTER BUDGET. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO . 32 , SERIES OF 1977 , Counc ilman Sovern seco nded the motion . Upon a call of the roll , the vote resulted as f ollows: Ayes : Counc il Members Williams , Sovern , Smith , Brown, Mann , Clayton , Taylor . Nays : None . The Mayor declared the motion carried . ****** City Manager Mcc own presented a letter fr om the Arapahoe Co unty Board o f Commissioners submitting the name of John R . Cr owley f or reappoint- men t to the Board o f Directors of the Regional Tr ansportation District for a four-year term ending July 1 , 1981 . • ,RO ' I • • • June 20 , 19 77 Pa ge 9 • • • COUNC ILMAN CLAYTON MOVED TO APPROVE THE REAPPOINTMENT OF JOHN R. CROWI AS A REPRESENTATIVE OF ARAPAHOE COUNTY TO THE R.T.D. BOARD . Councilman Brown seconded the moti on . Upon a call o f the roll , the v ote resulted as follows : Ayes: Co uncil Membe r s Williams , So vern , Br own , Clayton , Taylor . Nays : Co uncil Memb ers Smith , Mann . The May or dec lared the moti on carried . COUNCIIMAN CLAY TO N MOVE D THJ.T THE CI TY MANAGER AND MAY OR DRAW UP A LE'ITER TO THE R.T.D. BOAR D STATING CI TY COUNCIL 'S CO NC ERNS OVER THE LACK OF COMMUNICATION BE TWEEN THE CITY AND THE R.T.D. BOARD . Councilman Mann seconded the mo t ion . Afte r d i scus s i on, the moti on and sec ond were withdrawn . COUNC ILMAN SOVER N MOVE D TO SEND A LE'I'I'ER FROM ENGLEWOOD CITY COUNCIL TO THE ARAPAHOE CO UNTY CO MMISSIONERS AN D THE REGIONAL TRI.NSPORTATI ON DI STRIC T OBJECTING TO THE LACK OF ACC OUNTABILI TY THAT THE R.T.D. BOARD HAS TO THE PUBLIC AT LARGE AND TO THE ELEC TED OFFI CIALS THRO UGHOUT THE DENVER METR O AREA , WITH COPIES TO BE SENT TO THE LEGISLAT ORS . Coun cilman Smith sec onded the moti on . Upon a call of the r oll, the vote resulted a s fol l ows : Ay es : Coun cil Members Williams, So ve rn, Smith , Brown , Mann , Clayton, Taylor. Nays : No ne . Th e Mayo r declared the moti on c arried . * * * * * * City Manager McCown pre sent ed a mem orandum from Ch i ef of Police Holmes con cerning t he Civil De fens e Pr og r am a nd recomm ending that the vari ous e ntit ies i n the south metropolita n a rea joi nt l y fund an d employ Mr . Stan Bush as the disaste r coordinator o r civil defense direc t or . Counci lman Sovern expressed concern over the need for a set "g ame - plan" with full awareness of responsibilities , as well a s what the end resul ts will be . COUN CILMAN SOVERN MOVED TO MEET WITH THE CITY OF LITTLETON , MR . STAN BUSH , AND THE CITY STAFF CON CERNING THE DEVELOPMENT OF AN EMERGENCY PREPAREDNESS PLAN . Councilman Smith seconded the moti on . Upon a call o f the roll , the vote r e sulted as f ollows : Ayes : Counc il Members Sovern , Smi th , Brown , Mann, Clayton , Taylor . Nays: Counc il Me mb e r Williams . Th e Mayor de cl ared the motion c arri e d . * * * * * * I • • • June 20 , 1977 Page 10 • • • City Man age r McCo'WI! repor t e d tha t there is now a Retired Employees Association o pen fo r membe r ship by all fo rm er City employ e es . * * * * * * City Manager McCo'WI! pr esented two resolutions received from CO SENS US , one concerning annexation of the un i ncorpo rated a r ea of Arapahoe County west of Santa Fe Drive be ween Ox ford Avenue an d Uni on Ave nue and one concerning imp r ove- ments t o Santa Fe Dr ive and U.S .285 . * * * * * * City Manage r McCo 'WII presented a let ter d ated May 31 , 1977 f r om Governor Lamm regarding act i v itj.e s of his offi ce an d the legislature . * * * * * * City Manager McCo'WTI expressed his a p pre c iation t o City Co uncil for the Commendation he rece i ved ear l ier in the meeting . * * * * * * Maurice Jones , 5020 So uth Washin gt o n , appe a r ed and stated he is in complete agreement with City Co uncil providin g the mo n e y f o r the furnishings or the imon Ce nter un t i l the Ho using Autho rity colle cts the money . * * * * * * Jerry VonF r elli c k , 10950 West 26 th Ave nue , La kewo od , appeared as a representative o f CONS ENSUS and presented a res olutio n passed by their moderators o n June 17 , 1977 c oncerning proposed San t a Fe Drive ifilprovements . This resolution reque s t s the Englewood City Co uncil t o establish a f i rm po licy favoring reali gnmen t of east-west traf fi c on Hampden between Broadway and Santa Fe to a o ne-way couplet using Hampden t o acc ommo d ate westbound traffic and Ith ac a to s erve eastbo und traffic , and t o reque st t he Hi ghw ay Comm ission to pr ovide the nec es s ary l an d and impr ovement s on Hampden at Broadway and Santa Fe so a s t o acc ommo dat e s uch a o n e -way couplet alo ng the Hampden corridor . Mayor Taylor stated this will be discussed a t t he Ci ty Co un c i l study session on July 5 , 1977 . Mr . VonFrelli ck also present ed a reso lution to be passed by City Council establishing land use for the Ar apah oe County Comp r ehens~ve Plan for the uninc orporate d a r eas no r t h and west of Englewood and south of Sheridan . RESOLUTION NO . 33 , SERIES OF 1977 A RESOLUTION ESTABLISHING LAND USE FOR THE ARAP AH OE COUNTY COMPREHENSIVE PLAN FOR THE UNINCORPORA TED AREAS NORTH AND WEST OF ENGLEWOOD AN D SOUTH OF SHERIDAN , COUNCILMAN MANN MOVED TO PASS RE SO LUT ION NO . 3 3 , SERIES OF 1977 . Councilman Sove rn s e co nde d the mo ti on . Up on a call of t he r oll , the vo t e resulted as fol lows : I • • - • • June 20 , 1971 Page 11 • • • Ayes : Council Members Williams , Sovern, Sm ith , Brown, Mann , Clayton , Taylor . Nays: None . The May or declared the motion carried . CO UNCILMAN BROWN MOVE D TO AMEN D RES OLUT ION NO. 33 , SERIE S OF 1977 , TO MORE .CLEARLY REFLECT PASSAGE BY THE CITY CO UN CIL OF THE CITY OF ENGLEWO OD. Councilman Mann seconded the motion . Up on a call of the r oll , the vote result e d as f ollows : Aye s : Co uncil Members Wil l iams, So vern , Smith , Brown , Mann , Cl ayton, Taylor . Nays: None . The May or declared the motion carried . ****** COUNC ILMAN BROWN MOVED TO SET A PUBLIC HEARING ON JULY 25 , 1971 FOLLOWING THE PUBLIC HEARING AT 7: 00 P .M. TO CONSIDER AN APPLICAT ION FOR SPECIAL EVENTS PERMIT -BEER , WINE & LIQUOR, FROM THE ENGLEWOOD VOLUNTEE R FIRE DEPARTMENT . Councilman Mann seco nded the mot ion . Up on a call of t he r o ll , the vote resulted as f ollows: Ayes: Council Members Williams, Smith , Brown , Mann , Clayton , Tay lor . Nays : None . Abstain : Council Member Sovern . The May or declared the motion carried . ****** Coun cilman So vern made a brief report co ncerning the Den ver Regional Co uncil of Governments 208 Waste Water Man agement Plan . He noted that DRCOG will be requesting a meeting with the cities o f Englewo od and Littleton probably some time during July . ****** May o r Tay lor noted there will be a walk to Wolf Creek fr om Englewood Dam beginning at 10 :00 a .m. on July 9 , 1977 to cons ider alternates f or Little Dry Cre e k . ****** COUNC ILMAN MANN MOVED TO APPROPRIATE $430 TO PURCHASE 200 TICKETS FOR THE ENGLEWOOD OLD TIMERS ASSOCIATION TO SEND 200 BOYS AND GIRLS TO ENGLEWOOD OLD TIMERS NIGHT AT BEAR STADIUM , Councilman Smith second ed the motion . Upon a call of the roll , the vote resulted as follows: I • • In n • • June 20 , 1977 Page 12 • • • Ayes: Council Members Wi lliams , Sovern , Sm ith , Brown, Mann , Clayton , Taylor . Nays: No ne . The Mayor declared the motion carried . ****** Th ere being no f u rthe r business , Mayor Taylor adjourned the City Council me eti n g at 10 :25 p .m. Deputy City Clerk • I • • Ir:, - • • \ • • • • FIREMEN'S PENSION BOA.RD Minutes of June 16, 1977 Meeting The Firemen's Pension Board of the City of Englewood met on June 16, 1977 at 7:00 p.m. with the following Board Members present: Jim Blumenthal, Oliver Giseburt, Grayson Hartley, Loren Ward, and William James. Board Member James L. Taylor was absent. Also present were: Bernard V. Berardini, City Attorney; William Hamilton, Fire Chief; Dr. Hoffer; and Dick Edison, President of Firefighters Association. * * * * * * * Board Chairman Hartley stated the purpose of this meeting was to continue the meeting previously held concerning Darold Foreman's request to withdraw his disability application. City Attorney Berardini stated that Darold Foreman does have the right to request withdrawal of his disability application and that the other option would be for the City to file a disability retire- ment on Mr. Foreman. BOARD MEMBER GISEBURT MOVED TO APPROVE DAROLD FOREMAN'S REQUEST TO WITHDRAW HIS DISABILITY APPLICATION. Board Member Blumenthal seconded the motion, and the vote resulted as f ollows: Ayes: Board Members Blumenthal, Giseburt, Hartley, Ward . Nays: Board Member James. Absent: Board Member Taylor. The motion was carried. * * * * * * * BOARD MEMBER JAMES MOVED TO ADJOURN THE MEETING. Board Member Giseburt seconded the motion, and the motion passed by a unanimous vote • • I • • I r:1 r-, • • • - POLICEMEN'S PENSION FUND Minut es o f June 21 , 1977 Meeting The Policemen's Pension Board of the Ci ty o f Englewood met on J un e 21 , 1977 at 3 :00 p.m. with the following Board Memb e rs present : James L. Taylor, J . L. Leydon, and William D. James. Also present we r e : City Attorney Berardini ; Chief of Police Holmes; Dr. Hoff e r; Bill Kea t ing , Attorney representing Ronald P eters ; Ronald Peters, applicant for disability retirement; Dr. Berk and Dr . Bushnell, doctors for the applicant. * * * * * Board Member James stated the first item on the agenda was a request for refund of pension contributions from Charles Riddle effective Jun 1 5 , 1977. BOARD MEMBER LEYDON MOVED TO REF UND THE PENSION CONTRIBUTIONS TO CHARLES RIDDLE . Board Member Taylor seconded the motion, and the motion passed by a unanimous vote . * * * * * Board Memb er James stated the next item on the agenda was to hold a hearing on a disability request from Ronald Peters. The following testimonies we r e r eceived: Dr. Berk -Dr . Berk stated that Ronald Peters does have a permanent disability in the knee and back, both of whic h can be affected by rid i ng in a car, runnin g after a suspect, or sitting for long periods of time , but that Mr . Peters c ould per fo r m light-du t y assignment such as sitting at a desk . Dr. Berk stated he would fail Mr. Pe ters on a physic al basis if he applied as a po lice officer today in that he would not release him now to return to work . Dr. Berk furthe r stated that Ronald Peters would probably reach maximum improvemen of both his knee and back i n a pproximately one t o two months. I n clos ing, Dr. Berk stated that he would recommend Ronald Peters be g ranted a disability retirement . Ronald Peter s -Ronald Peters stated he has had constant flare-ups of bac k trouble over the past several years and has r e tarded back movement. He stated he has been using num erous medications to alleviate the pain in his lower back. Mr. Peters related a numb e r of on-the-job injuries since June of 1976. He stated he cannot run or walk fo r long distances. He also s t ated that both kidneys are diseased and that he has some shrinkage of the right kidney. Mr. Peters stated he has gout , w3rts, and related other numerous medical problems as a basis for applying for medical disability . Dr. Bushnell -Dr. Bu shnell stated that Ronald Peters has a 50% loss of kidney f unction and c ould have complete kidney failure at some time in his life, although this is not cer t ain at this time. He stated it is not a dv iseable fo r Ro nald Peters to be placed in a situation where damage could be done to the kidneys, and that an auto accident or blow to the kidney co uld res ult i n com plete failure . • I • • In r, • • Policemen's Pension Fund Page 2 June 21, 1977 • • • Dr. Hoffer -Dr. Hoffer stated that Ron ald Peters cou ld perform less strenuous duties o t her than those of a patrol officer. He agreed with the other doctors' opinions as far as Mr. Peters ' medical problems. BOARD MEMBER TAYLOR MOVED TO GO INTO EXECUTIVE SESSION. Board Member Leydon seconded the motion, and the motion passed by a unanimous vote. BOARD MEMBER TAYLOR MOVED TO RECONVENE THE HEARING. Board Member James seconded the motion, and the motion passed by a unanimous vote . BOARD MEMBER LEYDON MOVED TO APPROVE THE DISABlLITY RETIREMENT OF RONALD PETERS EFFECTIVE JUNE 21, 1977 AT 50 % DISAB ILITY RETIREM ENT . Board Member James seconded the motion, and the motion passed by a unanimous vote. City Att0rney Berardini stated the Board has reached its decision to grant a 50% disability retirement rather than 70 %. He added that the Board Members do not feel that Ronald Peters' disabilitie s will restrain him from finding additional work at a later date. Mr. Berardini stated there will be written findings of fact in twenty days, and the applicant has thirty days to file an appeal under Section 106 • • I • • - ( • • • • - Eng l e woo d Wat e r Boa r d Re gular Meeting Jun <' 2 1 , I '1 77 The meeting was calle d to order at 5:00pm by Chairman Schnacke nberg. Members pre se nt: Members absent: Also present: Ull e ry, Best, Mann, Gibson, Schnacke nberg. Sove rn, Taylor, Babcock. Hank Bradshaw; acting Director of Utilities. I. REQUEST FOR WATER SERVICE FROM AMOS BARTON FOR GREENWOOD HIGHLANDS #2 Hr. Bradshaw reviewed this request which resulted from Denver's water tap limits. Fifte en homes of the 37 to be built are already hooked to Denver's system but Denver won't accept any more. There- fore, Mr. Barton wishes to disconnect from Denver's system and arrange for Englewood to service all 37 lots. There were questions from the Board a s to whethe r our system in that area of S. Clarkson at Belleview could handl e the additional load without probl e ms . In conjunction with thi s request, the subject of raising water tap fees came up, since Englewood will likely be receiving more such requests and since our water tap charges are well below the average in the me tro area . Mr. Best moved; Ms. Ull e ry seconded: That the Wate r Board recommend to City Council that the water tap fee for a 3/4 " residential tap inside c ity be changed to $1000, othe r s ize taps to be calculate d from that as a bas e rate , and outside city taps to r e main at 150% of comparable in s id e r a l eb , and thal thi s chang e be mad e as s oon a s pos s ible . Th e moli o n pa s ::;e <l un nnimou s ly . After th e motion pa ss ed, Mr. Brad t;haw presc.:nte d a me mo randum fr om Mr. Waggon e r a s kin g for jus t such a c ha ng e in tap f e es . The Board r e turned to discussion of the request for water servic e to Greenwood Highlands ~n and wished to communicate to Mr. Barton • I • • . I,..., ( • ( • • - -2 - I. (C onL.) that th e> Bo.'.l rd i.:; .,; 1 lin g Lo con s id"r Lh r r qu rs l hut i s un abl e, to make a (i r P1 cu11u 11 ill111 c nl wiLhuul., \di iono1l in[o1111 ati u n. II. NE W REQ UEST FUR WAT ER SERV lCE FOH ''TIIE Hr:S ERVI·:" A requ e s t for wate r servi ce t o th i.s an·.~ o n S . Univ<>rsi t y s o uth of Ha mpd e n c ame b efor e Lh e Board pr c vi o u .,l y .'.l nd wa ,, approved . That d c v e lop,·r pul l<'d u11l and Lh e an·a i:, n o w lo b v d e ve lop e d by Amos Barton. He pla n s Lo fo llow Lh e o ri g inal p l.111". After some t.Jlk , th e Bo ai:d a s k e d th e ~L«(f Lo d <'L,·11n i.n e if a n e w agr eement n eed ed to b e e nacte d or if th e> ori gi nal o ne wa s still acceptabl e . III. SUPPLEMENT 1/6 TO VALL EY SANITATION DISTR ICT This supplement i s for a Safeway s tor e at the s outhe ast corner of Belle vi ew and S. Irving St. Mr. Gib son mo v d; Mr. Bes t SLCO n d e d: That th e Board rc>commend that City Co uncil approve Suppleme nt #6 to Vall ey Sanitation Di str ict . The moti o n passed unanimously. IV. SUPPLEMENT //54 TO SOUTHGAT E SANITATION DLSTRI CT There n ot b e ing s uffici e nt information; Mr. Mann moved; Ms. Ull e ry second e d: Thal th e mattl'T be d efe rred to the 11L x t met•L ing . The mo tio n pass e d unanimou sly • V. AMMENDMENT TO DISTRIBUTOR'S CONTRACT i/7 CHERRY HILLS RANCHO WATER AND SANITAT ION DISTRICT Thi s amm e ndme nt wo uld invu l ve s upply ing wat e r Lo th e llill Matsc h prope rty known a s ·170 1 S. Co rona St. After bril'f d i s t u ~ i ,,n, Mr. Gib son mo v e d; Mr . ll<'S l .i CCO ncl r d: 'l'ha t tlw Boa rd re>c omme ri d to Ci ty Co un c il. appr o val o[ the ammendmenl I • • n ( - (_ • ( • v. (Cont.) • • • -3- to Dl s t r ihutor s Co ntract 17 wi t h Cherry Hill s Ra n c ho Wate r a n d Sani t ati on Di s tr ict t o s e r v e wa t er t o t he Bi ll Mats c h pr o pe r t y at 370 1 S . Co r ona St. Th e mot i o n pa ssed unanimou s l y . VI. OTHER ITEMS Mr. Sc hnacke nbe r g mad e a sugge stion that City Council conside r re-wr i ting Ord i nan ce 15-3-48 . It now r e ads: "Sprinkling of gardens, lawns a nd wa s hing of s idewalks or other outside water use shall be done only by u se of a noz z le or nozzles having an outflow aperture no large r than one-fourth inch in diameter." As it stands, it would preclude use of bubblers and othe r e f fici e nt hand watering techniques. There was some d is cuss i on of the increasing chanc e s for s e lling wate r to Thornton, the Willows Water Distr ic t and o t he r s , es pe c ially since De nver i s in a pos ition o f having i ns ufficient wate r t o se rve them. The pos s ibility o f selling Ranch Cr eek to pay fo r the wa t e r s y s t em renovation wa s mentione d once again. Mr. Schnac kenbe rg distributed a memo on wa t e r r ates base d on i nf or - mation he rece ive d from Mr. Carroll. The me e ting adj ou r ne d a t 6 :35pm • ~y~) J ef fr e y Shu 1 t z Re c ording Se c r e t ary I • • - ( • ( • DATE: SUBJECT: • • - MEMORANDUM TO T HE ENGLEWOOD CITY COUNC [L HEGAR UING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER All) SE WER BOARD June 21, 1977 WATER TAP FEES RECOMMENDATION: That the City Coun ci l increa se the water tap f ee for a 3/4" residential tap inside city to 1000$, other s i z e taps to be ca l c ul a t e d from that as a base rate (see memo from Mr. Wagg oner), and outside city tap s to remain at 150% of comparable inside rates, and that this change be made as soon as possi bl e . Res pec tful Ly s ubmi tted , . f.NGLEWOOD WATER AND SEWER BOARD Bv: ;;W:-e=r=-n-=-c ::r-S;:-c:-h;:'.n=-a=-c:;k;:-e-n:;b;:-e-r-g-,--:C::-:l-1a...,i,-r-11'1 H'-' Attac hm en t /tl • I • • In n - ( • (_ C • TO. FROM, SUaJKT, Andy Mccown, City Manage r Kells Wa ggo ner WATER TAP FEES • • • INTER.OFFICE IAf'J,;or:1.,,DuM DATls June 17, 1977 Attached is a recap of water tap fees as of July, 1976 for several cities within the metropolitan area. As you can see, Englewood's tap fees are far below any other city's listed; therefore, it would be my recomme ndation that the City of Engle wood increase its tap fees to the following: 3/4"'--------------$ 1• ---------------- 1 1;2• ------------ 2" ---------------- 3" ---------------- 4" ---------------- 1,000 1,800 4,000 7,200 16,000 28,800 The $1 ,000 for the 3/4" tap is a little bPlow the average of the other cities and still stays below what Denver charges in the event that we have a chance to sell outside the city limits of Englewood. The costs for the other size taps are based upon comparable flow in comparison· to the 3/4"-that is, since the 1 1/2" tap ca.rries 4 times as much water as a 3/4", then the cost would be 4 times as much. In view of the fact that Denver has restricted its taps, there may be a chance that Englewoo4 could pick up some additional customers; therefore, we should increase our tap fees as soon as the proper ordinances can be prepared. k-t:>~ Kells Waggoner Director of Public Works KW/ls cs: B.V. Berardini, City Attorney H . Br adshaw, Ac ting Utlliti ns nircctor G. Diede , Director of Euyi11c1aring Service s All,1d1. • I • • • - • • ( Comparative Tap Fee s July/'76 3/4" l" 1-1/2" 2" 3" 4" Arvada 1,225 2,230 5,800 11,110 26,800 51,600 Aurora 1,400 2,500 . 5,600 10,000 22,500 40,000 Boulder 850 1,530 3,400 6,120 13,600 23,800 Broomfield 1,275 2,290 5,250 9.205 12"=675 ,000 (t>,•,,wn:. Denver 1,125 2,025 4,725 8,550 20,250 40,500 I Englewood 400 500 750 900 1,500 3,000 /";:_ ll..,ooo.oc. Morrison 800 970 1,220 1,470 l ,810 2,300 Thornton 1,500 2,000 4,000 8,000 16,000 24,000 Westminster 1,000 1,558 3,027 4,847 8,975 14,973 (. -. I . . C • • - ( . C • • c· • DATE: SUBJECT: • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SE WER BOARD June 2l , 1977 RECOMMENDATION: SUPPLEMENT H 6 TO VALLEY SANITATION DISTRICT That the City Council approve Suppleme nt #6 to Valley Sanitation Di s trict, Resp ec tfully s ubmitted, ENGLEW OOD WATEI< ANO SEWER BOARD \ ll y =------.,....~---:,,--,----,.:,- Wc r11 ,• ,· Sc hnack e nbe rg, Ch ai rma AttachmC'11t 1,J • I • • ( • ( • -• DATE: SUBJECT: • • • MEMUH.AN JlllM 'JO 'J'fll,; 1-:NC:l.h/lH Jli 1 ,TY •;11JIN CI I . l<J·.1:AJW JNC ACT JON OR REC OMMEND ATION OF TH I; n,<:f.EWUllll WATER ANO S EWEk. BOARD June: 2 l, I 'l 77 AMMENDMENT TO DISTRIBUTOR 'S CONTRACT it7 CHERRY HILLS RAN CH O WATER AND SANITATION DISTRICT RECOMMENDAT ION: Th a L t h e City Co unc i 1 appr ove the arranendmen t to l he D;s tribu t o r s Contract it7 with Ch e rry Hi lls Ra n c h o Wa t e r a n d San i tation Dis tri c t to se rve wate r to th e !H J l Mat s,:h prope r ty at 37 01 S. Corona St . R,·s p c ctful l y s ubmi t t e d, EN<:LEWO OD WA TE R AND SE WER BOARD By : --------.J ~ S<J111 :1c kt •nh l!rg , CJia i n 11n 11 At ta c hn ,c n t /!4 • I • • n ( - ( ( • ( • • • • MEMORANDUM TO: Werner Schnackenberg, Chairman of Water & Sewer Board FROM : Charles B. Carroll, Jr ., Director of Utilities DATE : May 25, 1977 SUBJECT: 1976 Water Statistics Following is the compilation of 1976 Water Statistics: Water treated (MG) Wash water used (MG) Pump to mains (MG) Losses (est. 15 %) (MG) Net for sale (MG) 3084 .01 115. 20 2968 .81 445 .32 2523 .49 Cus tomer usaq e and r eve nu es Metered water usage 1. Single Family (MG) 2 . All other (MG) Total (MG) Flat Rate water usage (MG) Total pumped, less 15 % losses, (MG) Usage/single family 1. Metered * . 184 MG 2. Flat Rate** .200 MG 120.88 724. 72 845.60 1677.89 2523.49 Ratio of metered/flat rate revenue: 1.30 Revenue: 1. Metered, S.F . 2. Other metere d 3. Flat Rate $ 90,098 370,755 885 ,452 * Includes 294 SF cus tomers i ns i de c i ty and 363 customers outside ** !~elude s 83 78 custome r s , some of who m are dupl e x and tripl ex .: u·.,,. ~-., . < l • -~-,. (_ Charles B. Ca r roll, Jr;./ CBC/kr cc: Steve St e ph ens • I • • • • \. - · 8 u& :1..n o.( if!u/p,-N ft t-{ls.i;c~.,..,, c:,';,;.J.1r-;s or1 ~.f /ikff i'<~ vs-. Flt,f X.j fe 6(Jsi./ o h j;-;;., .;f .,:/sl4(t1 7 7 . N~S J.:-;, r.1no/i Jr, :])/rec/ct 11/ J f/// es -1 /3 7,/t/ -I" /os-; 6f s__~!!_ h/1t1i71ti ~~-~! ____ .qs~j---~ ~-~-~~--_1 __ '(l1 OyY . 7'/S. 3S Fkf "/(qfe f' 37 8 /.0 77, ~'! ·I'" ?cl-.S"j '1-s.2 s;z 1, 72 ;...._;;.··___;.;-·=· =-=======t==:::::;;=~==;::;:;::========t:=-=-=··=-·-· ---... -:-. - Syslem Toft ( 12,s-23. 'i9 1~3!b1 3~S S-33,.S-/ I./ f-4 ::i-vr/.111 Avn .~,yt ~ft: w e1t e,;~/,'eJ 01,,·t,n.1/il r o '' , & ' /o q/( C v ~I~ ;,-,ers ~111,erc/12// kc/usf>-ia 'fie fenJ ( S-33,..c-:-/ -------. ---i----- _S/'l{g_ rQ11,,'/'/ ;f1efeff·:{ 1 '1 5 7 SJ3,S/ --Flc.f R<41£ ' f37S ! S33,S/ • I +·ii. c/. 12 1" 3861(,1./'f -~~~----'~~~~~--L--- / :zo. s~ /" l'I; L/1/ ' 1/J.l t. -780 ' "\. I f.Cc, Tl,~, 11 ff/~ I 70 I /06. J'S+ I ~ ·-:..___·-··· - 2-JSZJ. '-/9 ~) 3¥l>1 30S I • I . • ( • • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR . RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: June 21, 1977 SUBJECT:. RECOMMENDATION: Recommended Rezoning Re quest Don Smith moved : Wade seconded: The Planning Commission recommend to City Council approval of Case #7-77, filed by Donald Marshall for a change of zoning on 3270, 72, 74, 76, 78, and 80 South Bannock Street from R-2, Medium Density Residence, to B-1, Dusiness, based on the following conditions: That the applicant will enter into a Restrictive Covenant, running to the Planning and Zoning Commission for a period of ten years, restricting the use of the subject property as follows: Development as is presently allowed in the existing R-2 Zone District; the uses contained in the Comprehensive Zoning Ordinance, §22.4-10 b (70) Office Buildings; and §22.4-10 b (107) Any similar lawful use which, in the opinion of the Commission is not objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, or vibration or is not hazardous to the health and property of the surrounding areas through danger of fire or explosion. The Restrictive Covenants shall meet with the concurrance of the City Attorney that such Covenant is legal and binding on both parties. ' AYES: Pierson, Don Smith, Ed Smith, Tanguma, Wade, Lathrop, Parker , NAYS: None ABSTAIN: Williams ABSENT: Owens The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission. Gertrude G. Welty ~Recording Secre tary • I • • - • STAFF REPORT Pae -1- STAFF REPORT RE: • • • REZONING APPLICATION Case # 7-77 Reque s t of rezoning from R-2 , Medium Oensi ty Re s idence District to B-1 . Bus iness. DATE TO BE CONSIDERED : Jun e 21, 1977 NAME AND ADDRESS OF APPLICANT : Donald L. Marshall 60 59 South Elati Street Littleton, Colorado 801 20 NAME AND ADDR ESS OF PROPERTY OWNER : Donald L. Marshall 3290 South Bannock Street Englewood, Colorado 80110 LOCATION OF PROPOSAL: 3270, 72 , 74, 76, 78, 80 South Banno ck Stree t Englewood, Colorado 80110 Se e Vicin i ty Map. This property i s l ega ll y described as : Part of the E 1/2 of the S 1/2 of the S 1/2 of the NE 1/4 of SW 1/4 of Section 34 Township 4 South, Ran ge 68 West, more particularly described as follows : Beginning at point on center lin e of So uth Ba nno c k Street wh ic h is 140 feet South of the North l i ne of said E 1/2 of S 1/2 of S 1/2 of NE 1/4 of SW 1/4; th ence [ast parallel to said North line a distance of 16 3 feet, then ce So uth parallel to th e center line of Sou th Bannock S lrec t 101 feet more or les s to a point 91 feet North of the Sout h line of said E 1/2 of S 1/2 of S 1/2 of NE l/4 of SW 1/4, thence West par a llel to sa id South line a distance of 16 3 f eet mo re or l ess to the center line of South Bannock Street, thenc e North along the cen ter line of South Bannock Street a distance of 101 feet more or less to the point of be gi nnin g, Co unty of Arapahoe , State of Co l or ado. ZO NE_UJSTR JCT : R-2, Medi um Density Re s id ence • I • • • STAFF REPORT Page -2- DESCRIPTION OF REQ UE ST: • • - REZONING AP PLICATION Case # 7-77 The reason s th e applicant ha s giv en for his request to re zone his property from R-2 , Medium Density Resid ence to B-1, Business, are as fol lows: "This property is presently in the R-2 zone, but is occupied by si x units (3 duplexe s ) which must be at least 50 years of age. They are presently, and have been for some time, non-conforming with respect to lot frontage, lot area and size of dwelling units, among other things. The lot abuts the B-1 zone district on its south and on its east, and cannot be expected to be re-developed (which is sorely needed) within the R-2 zone . Applicant presently intends, if the request is granted, to construct a professional office building simil a r to that constructed, and owned, by him on the lot to the south . Under th es e circumstan ces, appli ca nt submits that the publi c necessity, convenience, health, safety, morals, general welfare and good zoning practice justified approval of this appli cation." RECOMMENDATION OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT: The staff recormiends that the request for rezoning from R-2, Medium Density Residence, to B-1, Business District, be recommended for the following reasons : 1. Th e s ubjec t s ite is bordered on the s outh and east by B-1, Business Distri ct and th e requested rezoning wo uld be an extensi on of that Zone Di s tri ct . 2. The propo sed rezoning to 8-1, Busines s would encourage a redevelopment of thi s property . The present structures on the property are substandard and provide very minimal living conditions to the inhabitants. 3. Because of the proximity of the site to the loading and parking areas of the Checker Auto Parts and Yellow Front store on the southeast, the property does not lend itself to redevelopment as a medium-density unit under the present zo nin g. DESCRIPTION OF SUBJEC T AREA ANO ADJAC ENT AR EA: fhe pr oper ty r equ es t ed for rezo nin g i s de ve l oped with t hr ee s ma ll frame, two-unit res iden t ial s tructure s , whi c h were const r uc ted in 1925. The unit s have a pp ro xim a t e ly 350 s qu are feet in fl oor sp ac e a nd provide a poor living e nviron me nt f or the oc cupants . These duple xes are on a 101' wide by 133 ' deep pa r ce l . The appli can t own s a sin gl e -fami l y residence t o the north of th e subje c ~ s ite whi c h pro per t y i s no t in c lud ed in th e r ezo nin g request. Ther e are al so s in g le-family hou ses furth er no rth on th •! east side of South Bannock Street and on the west s ide of South Ba nno ck St r ee t as well. The land to the east of the subje ct site is zoned B-1, Bu s ine s s and is developed with small apartment units which are non-conformin g in the B-1 Di s tri ct . To th e so ut h of the s ubj ec t site is the arc hi t ec tural offi ce of th e a ppl icant and t he pa r kin g l ot a nd lo adin g a rea for th e Yell ow Front/Chec ker Auto Pa r t s s tores . • I • • n n - • STAFF REPORT Page -3- • • - REZONING APP LICA TIO N Case # 7-77 BACKGROUND OF PREVIOUS CITY ACTION RELATI NG TO TH E PROPERTY: The subject site is part of the original City of Englewood and as su ch, the first zone district of record which was a ppli ed to this propeny was R-1 Re s idenc e District. Thi s Di st ri ct permitted single- family dwellings, sc hool s , Libraries, Puhli c P.irk s ,111d Playgrounds and Farming and Truck Gardening. In 1955, the Zo nin g Ordinance and Zoning Map were revised and the subject property was zoned R-2-A Two-Family Residence. Under the R-2-A Zone District, a single-family home could be constructed on a 50 foot frontage or a duplex on a 75 foot frontage. The property has had that classification until last year when the R-2-A Zone District was repealed and all areas which 1~ere zoned R-2-A, were reclassified to R-2, Medium Density Residenc e. Mr. Donald Marshall and Mr. Norman Kasch, Mr. Marshall's former associate, appeared at th e Public Hearing before the Planning Co11111ission on Octob rr 21, 1975, and asked that the property whi ch i s the subject of this ap plication not be zoned R-2 , but that they be given an oppor- tunity to apply for a more appropriate zone classification at a later date . The City could not leave the property unzoned and it was zoned R-2, along with most of the other property which had been zoned R-2-A. RELATIONSHIP TO COMPREHENSIVE PLAN: The second phase Generalized Land Use map in the Comprehensive Plan, suggests that this area will become commercial in the future. COMMENTS FROM OTHER DEPARTMENTS : Depa rtrnen t of Public Works No Objection s Code Enforcement Division -No Objections DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS : The subject property is one that has potenti al for some sort of redevelopment . The living units which are there now are of poor construction and do not meet the 650 square foot minimum floo r area requirements of the Comprehensive Zoning Ordinance. The units are about 350 square fe e t. The present density also exceeds that permitted in the present R-2 Zone Di s trict. I\ max imu m of four units, eith er two dupl exes or on e fo ur- pl ex , woul d be permi tted on this 101 feet of fronta ge if new constr uctio n wer e to take pla ce. If the re zoning a pplica tion is approved, it is the intention of the applicant to redevelop the property under t he B-1, Busines s Di str ict regulations and construct a professional offi ce building similar to th e one that he constructed at 329 0 South Bannock Street . • I • • - • • ( - ( ~ . I"'" .. II • STAFF REPORT Page -4- • • • REZO NING APPLICATION Case # 7-77 This would remedy the situation that exists at the present and would provide a new use that could be compatible with the surrounding neighborhood. • I • • In n - • • • -~ ~ s~"rj -1·..._ \ I '~. • .. . '-· j 5 • :I Cl) 1 '"'. l· . • ) I ) / W. I I ,/ J ,. ' ()~ ~~ PARKI NG PAR KING CONTINENT::-, N AT I O N A L s .c.~, < I rJ ---·----· PARKING • • - I ~ I " I PARK I NG • I 8-1 BUSIN~S~ AVE .r • PARr I N G • " • YELLOW FRONT ' () -->(---- <{ ~ 0 u <{ ) ( • 5315 2 Olf'llN IM l NT OF COMM U NIT Y Dl ll[LOl'M'-·•f CIT Y OF ENGLEWOOD, COLO . •· ·~ ~·"""'1u; • I • • • • • • • • • I NT ROD UCED AS A BILL BY COUNCILMAN A BILL FO R AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLE - WOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CON- CERNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood, Colorado, is des i rous of entering into a contract with the State of Colorado, De- p artment of Highways, which requires the City to mainta i n traffic control devices on state highways and receive payment from the State of Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the City of Englewood, Colorado and the State of Colorado shall enter into a contract captioned "Contract f or Operation and Maintenance of Traffic Control Devices" whereby the City shall install, operate, maintain and control at State expense traffic control devices on state highways with- in the City of Englewood which is attached hereto, consisti ng of seven (7) typewritten pages and is hereby incorporated herein by reference. Said instrument provides as follows: 1. The p rior contract of July 1, 1974 is null and vo i d. • 2. The City shall maintain traffic control devices on state highways within the City of Englewood as directed by the State. 3. The Ci ty shall notify the State of those dev ices main tained . 4. Th e t o t a l cost for said services shall be pa i d b y the State to the City and not exceed Thi r ty - Six Thousand Seven Hundred and Eight Dollars ($36,70 8.0 0) except by written agreement. The rate s charged by the City for services shall be as set forth in Exhibit "B" of said agree- ment. -1- I • • • . . • • • • • 5. The traffic control devices shall c onform to the "Manual on Uniform Traffic Control Devices" and the "Colorado Supplement". 6. The State res erve s the right to monitor and require any deficiency to be bro ught into c ompliance within a reasonabl e time; and the State reserves the right to correct any de- ficiency and deduct the actual cost therefore from the payment to the City. 7. The City shall maintain adequat e records to insure that traffic control devi ce s are properly performing their function. 8. The City shall hold the State harmless so far as it legally may for the actions of the City's employees or agents. 9 . The contract sh al l be for a period of one (1) year, and pr i or t o termination, the City and State shall meet to determine rates to be charged for a subsequent year. 10. Attached to said agreement and forming a part thereof i s Exhibit "B" c ontaining rates for traffic signals at Eighty-Four Dollars ($84.0 0) per signal per month; signing and striping at One Hundred Twenty-Five Dollars ($125.00) per mi le pe r month. 11. Special provisions include approval by State Controller, availability of State funds, dis - crimination and affirmative action require- ments, Colorado labor preference, requirement of compliance with all State laws and that the signatoriesaver that no Sta t e employee has any personal or beneficial interest whatsoever in said contra ct . Section 2 . The City Council of the City of Englewood , Colorado, hereby authorizes the Ma yor of the City of Englewood, Color ado, to sub- scribe his name t o said contract for and in behalf of the City Council and the City of Englewood, Colorado, and the Director of Finance, ex officio City Clerk-Treasurer attest the same and execute the same . -2- • I • • • • • • • . . • In t r odu ced, read in full and passed on first reading on the 5th day o f J uly, 197 7 . Publ ishe d as a Bi ll fo r an Ordin a nce on the 13th day of J u ly , 1 9 77. Mayor ATTEST: ex officio City Cle rk-Treasure r I, William D. James, do h ereby certify that the above and f oregoing is a true, accurate and complete copy of a B i ll for an Ordinance, introduced, read in full, and p assed on f i rs t reading on the 5 th day of July , 1977. ex officio City Clerk-Treasure r -3- • I • • • • • - IN TRO DU CED AS A BI LL BY COUNCILMAN _'-___,)~/~lL-"-~l~~~~~~- A BILL FOR AN ORDINANCE VACATING A PORTION OF TH E 2 700 BL OCK OF SOUTH ELAT! STREET AND A PORTION OF THE 400 BLOCK OF WEST YALE AVENUE, LY ING AND BEING WITHIN THE CITY OF ENGLEWOOD, ARA - PAHOE COUNTY, COLORA DO . WHEREAS, there presently exists public ways known as the 2700 Block of South Elati Street and the South one-hal f (1/2) of t he 400 Block of West Yale Avenue within the City o f Englewood; and WHEREAS, the City a n d County of Denve r is comrn encing vacat ion as a public way the North one-hal f (1 /2) of t he 4 00 Block of West Yale Avenue; and WHERE AS, the P lann ing and Zoning Commiss ion of the Ci t y of Englewo o d re c omm e nded that a portion of th e 2700 Block of South Elati Stree t a n d a portion of the 400 Block of We st Yale Av en u e be vacated , retaining however, ce rtain ea s ements as hereinaft~r mor e pa rtic ularly described. NOW, THEREFORE, BE I T ORDAINED BY THE CITY COUNC I L OF TH E C ITY OF ENGLEWOOD, COLO RADO, AS FOLLOWS: Section 1. Tha t the following-des cribed portions of public s t reets located within the City of Englewood, Arapahoe County, Co lorado, being known a s the 2700 Block of South Elati Street and the South one-half (1 /2) o f the 400 Block of West Yale Av e nue be and the same is hereby vac ated: PARC EL "A" Begi nnin g at the NE corner, NW 1 /4, NW 1/4 of Se c . 34, Twp. 4 S, Rge. 68 W of t he 6th P.M.; thence Iv along the N line of Sec . 3 4 190 .2 ft. t o the true poi n t of beg inn i n g ; t hence c o nt i n u ing a l ong s a id line 165 .8 f t . t o the W line o f So u th ~lati Stree t; t hence o n a n a n g l e to the lef t of 9 0° and along the W line of South Elat i Street a d i s t an ce of 3 0 ft. to t he e x te n de d S l i ne o f West Yale Av e nue ; thence on an ang le t o the l eft o f 90° and along sa i d line a distance of 151 ft.; t he n ce o n a n a ngle to t he left 2 6 °15'30" a distance o f 33 .4 5 ft. to t he true po i nt of b e g i nning ; said p arce l contai n ing -1- • I • • - • • • • 0.109 acres, more or less, in the County of Arapahoe, State of Co l o rado . PARCEL "B" Beginning at the NE corner, NW 1 /4, NW 1/4 of Sec. 34, Twp. 4 S, Rge. 68 W of the 6th P .M.; thence W along the N line of Sec . 34 a distance of 356 ft. to the W line of South Elati Street; thence on an angle to the left, of 90° and along the W line of South Elati Street a distance of 30 ft. to the true point of beginning; thence continuing along said line a distance of 600 ft. to the exten ded N line of West Amherst Avenue; thence on an angle to the left of 90° and along said line a distance of 28.26 ft.; thence on an angle to the left of 30° a distance of 36 .6 5 ft. to the E line of South Elati Street; thence on an ang le to the left of 60° and along said line a distance of 581 .67 ft. to the S line of West Yale Avenue; thence on an angle to the left of 90° a distance of 60 ft. to the true point of beginning; said parcel containing 0.820 acres, more or less, in the County of Arapahoe, State of Colorado . The City hereby expressly reserves to itself, its assigns, appointees and licensees, easements for underground util ity lines, pipes and structures as presently existing or constructed in the future and such above surface devices as are necessary for the maintenance of said underground facilities, on the following-described property: PARCEL "A" Beginning at the NE corner, NW 1/4, NW 1/4 of Sec. 34, Twp. 4S, Rge. 68 W of the 6th P.M .; thence W along the N line of Sec. 34 190.2 ft. to the true point of beginning; thence continuing along said line 165.8 ft. to the W line of South Elati Street; thence on an angle to the left of 90° and along the W line of South Elati Street a distance of 30 ft. to the extended S line of West Yale Avenue; thence on an angle to the left of 90° and along said line a distance of 151 ft .; thence on an angle to the left of 26°15'30" a distance of 33.45 ft. to the true point of beginning; said parcel containing .1 09 acres, more or less, in the County of Arapahoe, State of Colorado. PARCEL "B" Beginning at the NE corner , NW 1 /4, NW 1 /4 of Sec. 34; Tw p . 4 S, Rge. 68 W of the 6th P.M.; thence W along the N line of Sec. 34 a distance of 356 ft. to the W line of South Ela ti Street; thence on an angle to the left of 90° and along the W line of South Elati Street a distance of 30 ft. to the true -2 - I • • - • • • • • • point of beginning; thence continuing along said line a dis- tanc e of 600 ft . to the extended N line of West Amherst Avenue ; thence on an angle to the left of 90 ° and along sa id line a distance of 28.26 ft.; thence on an ang le to the left of 30° a distan ce o f 36.65 ft. to t he E line of South Elati Street ; thence on an angle to the left of 60° and along said l ine a di stance of 581.67 ft. t o the S line of Wes t Yale Avenue; the nce on an angle to the left of 90° a distance of 60 ft. to the true point of beginning; except the easterly 20.0 ft. the reof; said parcel containing 0.550 acres, more or less, in t he County of Arapahoe , State of Colorado. The party, owner or po sse ssor of any right to the property vacated by this easement shall not in any manner restri ct , hinder or injure the r ig ht of the City, its assigns, appointees or licensees or their facilities. Under no circumstances shal l any activity take place that would damage, hinder or r e strict the use of the easement by the City, its ass igns and licensees or its facilities. The party, owner or poss essor of the r ight to any portion of the property vacated shal l be liable for any damage caused by it to the undergroun d f acilities e x is ting or constructed and those surface devices necessary. Shou ld ma intenance or construction be undertaken, it shal l b e the r espon si bility of the party in possession to remove from the surface of the easement any item obstructing the maintenance or const ruc tion . No structure shall be constructed on the easement other than norma l g rading and asphalt surfacing for parking or road purposes. t The City shall replace the surface of the easement to it s normal grade and repair any asphalt damaged or removed in the course of construction or maintenance. The assigns, appointees or licensees of the City, and not the City, shall be respons ible to return the surface of the easement to its normal grade and repa ir asphalt damaged or removed in the course of construction or mainten ance of their existing facilities or facil ities con- structed in the fu ture. Introduced, read i n full and passed on first readi ng on the 5th day of July, 1977. Published as a Bill for an Ordinance on the 13th day of July, 1977 . Mayor ATTEST: ex officio City Clerk-Treasurer -3- • I • • - • • • • • • I, Willia~ o. James, do hereby certify that the within and foregoing L , a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of July, 1977. ex officio city Clerk-Treasurer -4- • I • • In n \ ... (_ ( • • • - INTRODUCED AS A BILL BY A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLE- WOOD, COLORADO AND THE CITY OF THORNTON, COLORADO, CONCERNING THE ~~G AND STORAGE OF ENGLEWOOD_RANCH CREEK WATER. WHEREAS, the City of Englewood, Colorado is part owner and claimant of certain conditional water rights and facili- ties in the Frazier River watershed known as the Englewood Ranch Creek water rights and the Englewood Ranch Creek collection system, and WHEREAS, the City of Englewood, Colorado is entitled to divert a part of the aforesaid water rights whenever water is available and use of the water for beneficial purposes, including irrigation, municipal, domestic, recreation and fire purposes, and WHEREAS, the aforesaid beneficial use is accomplished by means of a Water Exchange between the Denver Water Board and American Metals Climax, Inc., and WHEREAS, the City of Thornton, Colorado has large, un- developed se r vice areas, both within and outside as corporate boundaries, said areas being in a continuing process of development requiring commitments of additional water to serve said areas, and WHEREAS, the City of Thornton, Colorado has made a re- quest for a long term iease from the City of Englewood, Colorado for amounts of raw water deemed necessary to serve present and anticipated service area and customers of the City of Thornton, Colorado, and WHEREAS, the City of Englewood, Colorado is the owner and operator of a certain water storage and supply facility known as McClellan Reservoir, for the capacity of approximately 5,940 acre feet which was constructed to store water diverted from the South Platte River and to store water diverted from the Englewood Ranch Creek collection system into the South Platte River system by means of a Water Exchange, and WHEREAS, the City of Englewood, Colorado has a surplus of water divertable under its Ranch Creek water rights which it cannot totally utilize in the near or reasonably foreseeable -1- • I • • ( ( • • • • future , and is willing to lease such unused wate r to the City of Thornton , ~olorado on a long term basis and al s o l e ase operational space for such lease waters in McClellan Rese rvoir, and WHEREAS, the Englewood Ranch Creek syste m is operated by the Denver Water Board for the benefit of the City of Engle- wood, Colorado, American Metals Climax, Inc. and the Denver Water Board subject to the provisions of the aforesaid Water Exchange, and it is mutually understood that the Englewood Ranch Creek system will continue to be operate d in ac~ordance with those Agreements, and WHEREAS, the City of Englewood, Colorado and the City of Thornton, Colorado will be jointly operating the McClellan Reservoir system, it is desirous that certain operating cri- teria be established in this agreement for such joint operation, and WHEREAS, the City of Englewood, Colorado enters into the agreement, pursuant to the authority contained in Part 2, Article I of Title 29 of the Colorado Revised Statutes, 1973, together with the authority contained in Section 79, Part III of the Englewood Home Rule Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1 That the City of Englewood, Colorado and the City of Thornton, Colorado shall enter into a contract captioned "Water Lease and Management Agreement" whereby the City of Englewood, Colorado shill lease a portion of its water rights and certain storage capacity in McClellan Reservoir pursuant to the terms of said Agreement, which is attached hereto, consisting of sixteen (16) typewritten pages, together with three (3) pages of Appendix "A" and is incorporated herein by this reference. Said Agreement provides in pertinent part as follows: 1. That the lease shall be for a term of twenty d (~O) years unless sooner. termi~at_.~;.,~~cl?JJ>-{"7~"Att. .r,;,tl w11-h y- vided and unless so term1nated,Ctne'E1cy o ~ 1 Thornton , Colorado shall have t~e option to ,ti/.'~ renew the lease for successive terms of twenty (20) years upon giving notice in writing to the City of Englewood, Colorado of the City of Thornt on 's intention to j ..,,,>-i) exercise the option for renewal not less ~-~ ~ than six (6) months pr ior to t he end of ri',e/""7' any twenty (20) yea : 2 :erm. ~ ~ • I • • Cl - (_ ( • • • ,· - 2. For an annual consideration of Twc Hundred Thousand Dollars ($200,000.00), the City of Englewood, Colorado agrees to lease to the City of Thornton, Colorado an undivided fifty percent (50%) share of the operational capa- city of McClellan Reservoir; a n undivided fifty percent (50%) share of the yield of water produced by the exercise of the storage right of McClellan Reservoir from the South Platte River, and an undivided sixty percent (60 %) of the City of Englewood's share of the yield of water produced by the exercise of the City of Englewood's Ranch Creek water rights more particularly described in Appendix "A" of the Agreement, included as part of the Englewood Ranch Creek collection system, and which may be stored in McClellan Reservoir under the "Denver Exchange" Agree- ment pursuant to the terms and provisions of that Water Exchange Agreement of 1964 and its modification in 1969. 3. It is understood that the total capacity of McClellan Reservoir is approximately 5,940 acre feet. 4. It is agreed that the annual consideration of Two Hundred Thousand Dollars ($200,000.00) shall be due and payable on or before April 1, 1978 and each and every year thereafter. This consideration shall be reviewed every five (5) years on the anniversary date of the Agreement and shall be varied in r elation to the then existing United States money. 5. It is agreed that either party shall have the right to reserve water in their undivided share of the operational capacity from year to year without redistribution. 6. It is agreed that should maintenance or repair of McClellan Reservoir system be necesary, that it shall be the full responsibility of the City of Englewood, Colorado. The expense of any modification to the facilities for the convenience of either party, or both, shall be shared by the parties so benefited, in proportion to the entitlement of operational reservoir capacity. -3- • I • • - ( C • • • • 7. It is agreed that any modification or repair to the reservoir facilities, including the inlet and outlet works, shall be coordinated between the parties to insure their ability to make delivery of water from the facility when required. 8. It is agreed that should the reservoir not be full in the McClellan Storage and Ranch Creek collection system decrees not be in priority, that the parties shall have the right to store other waters for temporary detention purposes or storage in the unused capacity of McClellan Reservoir with no liability other than to themselves. 9. It is agreed that all waters which are stored or detained in McClellan Reservoir shall be diminished by their proportionate share of evaporation calculated at a mutually agreed rate if necessary. 10. It is agreed that the City of Thornton, Colorado shall pay to the City of Englewood, Colorado the pumping co st for waters stored in McCl ella n Reservoir which do not result from the Engle- wood Ranch Creek collection system "Denver Exchange" yields. Should the Highline Canal be used for filling McClellan Res ervoir, the parties will share the Canal losses and costs, if any, in proportion to the amount of water received by either party, including foreign waters. 11. It is understood that any requests for release of water from McClellan Reservoir will be made to the Manager of McClellan Reservoir at least twenty-four (24) hours in advance of the anti- cipated release time. It is also understood that should the reservoir be full, that the water will automatically discharge into the Dead Clark Gulch be'low the reservoir through the emergency spillway, and flow to the South Platte River. 12. It is understood that once the water is re- leased to the City of Thornton, Colorado at the outlet of McClellan Reservoir, the City of Thornton, Colorado agrees to assume all risks and responsibilities for carriage of such water to the delivery points of its distribution system and further agrees to assume all trans- -4- • I • • ( (. • 13 . 14. • • - portation and carriage losses chargeable b y the State Water Administra tion officials. It is agreed that t he City of Thornton, Colorado shall have the first right of refusal to the City of En glewood's share of the yield of water from the Englewood Ranch Cree k water rights brought i nto the South Platte River watershed and e xchange under the "South Platte Rive r Ex c hange" pursuant to the provisions of the Water Exchange Agreement of March, 1964 and its modification of September, 1969 at a charg e of Twenty-Five Dollars ($25.00) per acre foot. The water shall be measured at the po i nt of delivery from either c onnection between the Englewood Ranch Creek collection system, in the mouth of the wate r system of the Denver Water Board, or at the point of release where the Denver Water Board's Jones Pass tunnel into Clear Creek, as the cas e may be. Once said water is delivered at the above-described point, the City of Thornton, Colorado agre es to assume all risks and responsibil ities for the carriage of such water and the making of any exchange for water to the South Pl atte River. The City of Thornton, Colorado also agrees to assume all seepage evaporation loss es and fees for the carriage of such water in the Moffit Water System facilities of the Denver Water Board and chargeable by it and for the carriage of such water in the public streams of the State chargeable by the State Water Administration officials . It is understood this charge of Twenty-Five Dollars ($25.00) per acre for the wate r d es - cribed in th e preceding paragraph shall be reviewed every five (5) years on the anniversary date of this Agreement and shall be varied to the relation to the then e x isting value of United States money as determin e d in the matter provided in paragraph 12 of the Agreement. 1 5. This Agreement involves the use and the fur- nishing of raw water outs ide the territorial limits of the City of Englewood, Colorado. It is understood and agreed that the City of Eng l e- wood, Colorado ma y have to interrupt the delive ry of raw water produced from the exercise of its Ranch Creek water rights to the City of Thornton, Colorado, and resume delivery to the -5- • I • • (. (. C 16. • • • the City of Englewood, Colorado to provide adequately for use ins i de the territorial limits of the City of Englewood, Colorado . The right to interrupt su c h delivery is a matte r to be determined b y t he Ci ty of Engl e - wood, Colorado in the exercis e of its rea- sonable discretion from t i me to time as occasion may require. This determination by the City of Englewood, Colorado shall be based upon the standards and limitations set forth in paragraph 24 of the Agreement attached hereto. The City of Englewood, Colorado agrees that the water yield available to the City of Thornton, Colorado under this lease shall not be curtailed or called back by the City of Englewood, Colorado to serve future users other than the City of Thornton, Colorado outside the territorial limits of the City of Englewood, Colorado. 17. The City of Thornton, Colorado agrees to pre- vent all unnecessary or unreasonable waste of water from its distribution facilities and all. connections thereto. 18. It is understood that the water supply avail- able from the exercise of Englewood Ranch Creek water rights is dependent upon sources from which the supply is variable in quantity and beyond the control of the City of Englewood, Colorado. No liability shall be incurred under this Agreement on accou.nt of any failure to accurately anticipate the availability of water supply or be c ause of failure of water supply due t o inadequate runoff or other o c curren ce b ey ond the r e asonable control of the City o f Engl e wo o d, Colorado. Also, no l iability sha ll be incurred under the Agree- me nt on acc ount of any fa i lure to furnish water o r operational storage capacity in McClellan Reservoir in the event McClellan Re s e rvoir, or any part of the Moffit Water S y ste m of the Denver Water Board, should become inoperable because of flood or other oc c urrence b e yond the control of the City of Englewood, Colorado. 19. Each party acknowledges the contents of paragraph 14 of the modification of the Water Exchange Agreement of 1969 as fully set out in t h e Agreement attached hereto. -6- • • I • ( (_ C. • • • - 20. It is agreed that this Agreement shall be submitted to the Denver Water Board for its consideration and action in compliance with the said provisions of paragraph 14 of the modific3.ti::m of the Water Exchange Agreement of 1969. The City of Thornton, Colorado, by submitting this Agreement to the Denver Water Board, hereby makes application to the Denver Water Board for raw water in the same amounts, for the equivalent operational storage capacity, for the same consideration and for the same period of time as provided in this Agreement. The City of Thornton, Colorado requests the Denver Water Board to accept or decline this application within thirty (30) days from the date that the Agree- ment is transmitted to the Board. 21. It is mutually agreed that the City of Engle- wood, Colorado res erve s the right to sell and dispose of all or part of the water rights which produce the water leased by this Agree- ment and all or part of the facilities used for the diversion, collection and storage of these water rights known as Englewood Ranch Creek collection system and McClellan Reser- voir, pursuant to the authority granted by Article 121, Article XIII of the Englewood Home Rule Charter. This reservation may be exe rcised by the City of Englewood, Colorado at any time during the duration of this lease or any extension thereof. Should the City of Englewood, Colorado at any time decide to dispose of all or part of its Englewood Ranch Creek wat er rights and its part of the Englewood Ranch Creek collection system, the City of Thornton, Colorado shall have the first right of refusal to acquire the City of Englewood's part of the Englewood Ranch Creek water rights and its part of the Englewood Ranch Creek collection system, by the payment to the City of Englewood, Colorado of whatever amount is offered to the City of Englewood, Colorado as payment therefore. It is under- stood that at any given time, an offer to the City of Englewood, Colorado to acquire the aforesaid water rights and part of the collection system could necessitate the payment by the City of Thornton, Colorado to the City of Englewood, Colorado of a substantial amount of money, and, therefore, the City of Englewood, Colorado agrees that pursuant to this first right of refusal, the City of -7- • I • • (_ ( (. • • • • Thornton , Colorado shall have six (6) mo nths from the date of approval of sale by the City of Englewood, Colorado to present to its citizens a bond issue to be vote d upon by them, if s u c h vote be needed and required , in order to provide mone y to acquire all or part of its Engl e wood Ranch Creek water righ ts and its part of Englewood Ranc h Creek collection system. 22. In the event the City of Thornton, Colorado shall fail to keep or perform any agreement on its part to be kept performed according to the terms of the attached Agreement, the City of Englewood, Colorado gives the Ci t y of Thornton, Colorado notice specifying the particular default or defaults, the City of Thornton, Colorado shall have such time as provided in said notice, which period of time shall in no event be less than ninety (90) days in which to correct such default or de- faults. Failure to correct such default within the specified time period may result in the termination o f t his Agreement by the Ci ty of Engl e wood, Colorado upon giving the Ci ty of Thornton, Colorado sixty (60) days written notice thereof. 23. No assignment by the City of Trornto n, Colorado of its rights under this Agreement shall be binding on the City of Englewood, Colorado unless it shall have assented to such an assignment with the same formality of e mploy in the execution of this Agreement. 24. All water furnished hereunder is on a lease- hold ba si s f o r the use of the City of Thornton , Colo rado a nd its custome rs f or all of the various purposes for which the City of Englewood, Colorado has been de - creed the right to appropriate wate r and except as otherwise specifically provided in Section 34 of the attached Agreement, all prope rty rights to the water t o be fur- nished by the City of Englewood, Colorado are reserved i n Englewood, Colorado . 25. The parties hereto a gree that this Agree- ment will continue until terminate d by mutual agreement , notwithstanding the possible curtailment of service as specifically provided in said Agreement. Failure of either party to exercise any right hereunder shall not be deemed a -8- • I • - (( (_ • \ \ • • 27. Section 2 • • • waiver of such party's right and shall not affec t the right of such party to e ~ercise at some future time said right or rights o r a ny other right it may have here unde r. Because of the severe drought presently occurring, the City of Englewood, Colorado, on an emergency basis, agrees to lease to the City of Thornton, Colorado water avail- able from its Ranch Creek collection system or McClellan Reservoir during 1977, if needed and when requested by the City of Thornton, Colorado, at a price of One Hundred Twenty-Five Dollars ($125.00) per acre foot, measured at the outlet of McClellan Reservoir, to be billed and promptly paid by the City of Thornton, Colorado. The City of Thornton, Colorado shall so notify the City of Englewood, Colorado within thirty (30) days from the effective date of this Agreement for the amount it needs during 1977. 1he City Council of the City of Englewood, Colorado hereby authorizes the Mayor of the City of Englewood, Colorado to sub- scribe his name to said Agreement for and on behalf of the City Council and the City of Englewood, Colorado, and the Director of Finance ex officio City Clerk-Treasurer. Introduced, read in full and passed on first reading on the ~ day of July, 1.977. "1"' Published as Bill for an Ordinance on the ~ day of July, 1977. Mayor ATTEST: ex officio \_ ~ 3 City Clerk-Treasurer -9- • I • ( • • • • • I, William o. James, do here by certify that the within and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introd ced, read in full, and passed on first reading on the ~ day of July, 1977. ex officio City Clerk-Treasurer -10- • I . { L I • • • • MEMORANDUM TO: Mayor and Members of Englewood City Cou ncil FROM: Andy Mccown, City Manager DATE: June 27, 1977 SUBJECT : BOARD APPOINTMENTS As you are aware, there have b een two resignations from advisory boards to the City Council. The first resignation was that of Mr. David F. Hayes from the Water and Sewer Board. You directed that advertisements go out to the newspaper s for this appointment. Todate, one letter has been r eceived . A copy of that letter is attached. The second resignation is that of Mr. Edward G. Smith from the Planning a~d Zoning Co mmission . His letter of resignation is attached. Previously received letters f rom citizens expressing interest in appointment to this Commission a re attached for your consideration, along with one received today . In going th r ough this file, we also discovered two letters expres sing interest in~ board or commission appointment, which you might wish to c onsider when making these two appointments. May we have direction on this matter at your next Council meeting ? '7J'·'~~ d¥c OWN Cit~~ager :>h En c losures cc : B. V. Berardini, City Attorney Hugh Brown, Admi nistrative Assistant • - • I • • • ( (__ ' • • • • A TTORNEY AT LAW ~QUITA.a LE BUILOINO OENVEA . COLORADO 80202 RECEIV[D 222 -8948 June 16 , 1977 JUN t 7 1977 Wt1. fe 'f" <t-Se<.1..'e y- ·~on. yd, city of Englewood Englewood City Hall PLRSONN(L [)fPARTM[NTR E ENGLEWOOD C E ' V E D 3400 South Ela ti Englewood, colo,ado 801 1 0 JU N 21 1917 Attn: P ersonnel Departme nt CJJY MANA GER 'S OfFIC[ £N G LE WOOD Gentlemen: This will confirm my Le l ephonc c all to the P ersonnel Department today, June 16 , advising of my interest in applying for the posit i.on on the Englewood \"lclter Board recently vacated b y David F . Hayes. I will appreciate an opportun ity to confer w ith y ou on this matter at you r convenience . S incer~ly, ,7/Jr t .: , -/ ?7q . , ./fr t ... I HART D. G TLC!IR IS'l' Residence Address : 233 8 East Fl o yd Pla ce Englewood, Colorado 80110 jh • I . - ( • • C • • • • . ':' RECEIVE[; .JUN 2 :J 1977 June 1:,. i7 C/,Y /vi ~ i •1G r,•·s -. ,r. u r '/ -(l,~t Htooo ' L_ Mayor James L. Taylor Eng lewood City Hall 3400 Sout h Elat i En<)lewooc1, C Mr·. ·1ayor: I regret that I must write this letter of resignation as a member of the Planning and Lani ng Convnission. Due to de mands on my time required by my employer, Crescent Engineering Co., as well as personal affairs, I feel tha t I will be unable o properly se r ve on the Corrrnission ir. an informed , effective manner. However, time passes ,rnd circums tances do chang e and I have every intention of returning, if given an opportunity, to some sort of Civic se rv ice as I am and always will be conc erne d 1-1ith the development and progress of the Ci y o f Englewood. It is a comfortable, pleasant ci y to live in and in or er o ke ep it that ~,ay, it req uires a constant effort by all of us. Thank you and the City Council for appointing me to th e Planning and Zoning Conmiss 1on, as it has been a~ invaluabl e experience for me and I hope I have con tributed in a pos itive manner to the irnp overnen and beneficial development of our fa i r ci t y. cc: Judith Pierson, Cha i rman Planning & Zo ning Corrm . Richard Wanu sh , Dir. Dept. of Community De ve lopment • I • • • • • I !an 7J/.;, 1 9---- 2 on in 1 '" ... ~;.~ ,·" . ~, , Ma'yor James Taylor and the Englewood oity of Englewood 3400 South Elati Englewood, Colorado ·· o~nt1emen: Janua ry 11, 1977 Ci ty Council BOHO Aa e citizen of Enslewood interested 1n the ateady growth ~ ·a~d development of my cl t y , I wish to be considered as a '"oanllldate t o fill a position on the Planni ng and Zoning C.ommlasion. '"t' ., Aaft.J member of Le ague of Women Voters I wv.s a regu1.ar ., ..... ·ob'sts'rver of the meetings o r t his bo .-i rd unt i l Illy stucUes · .::;~ .. + · as ~l gradµate student ot the University of Northern Colorad, <'·~ .. Greeley, demanded so much .time I found it necessary t o re-. "=· · . ·~·,· ···11n~lsh the poeltion a s Observ e r . Now that I hsv-e reaeived .t j~';;,· .. :· '>.~~J::;e~;:r~~gree, I should like to serve my city . by , wor king ~ ~:.!j'}.\jf ."'\ .~;~f free to conta c t me for any nddi tional information you .; .. ~ 1.,-.,J · ; ms..1 · ne~. ~. ". ... . l "'' \',,Jt .. ---.. '"W • ' ~ • ~ ,f>~rJ.; . . : ~o,ura tru ly , i. '.~.;.~;:·<·:·':.. .. :~ .):h; /I "t:~:.,'.. c..;,~'c_,£_,_j .,1·:·~/M ... t • (,/ ~ ('C,-1-/~ .• .., .... ~' M~rJo rle l • Bec ke r :. ~, · . 644 East YRle Place • · Englewood, Colorado 801 10 ; ?~·,.~~.· 1; Home: 789-34 28 .... Wor\t: 32 2-1881 EYt. 38 3 . ' .,,.. . ; . ~· • • .... 1 ·' • I • • ...... • • ~ ,1 ~-·l ,'\l ·L•' .... · ,\: ,.·~' . ,,.; . January 20, 1977 Mayor Taylor City Managers Office 3400 so Elati st . Englewood, Colorado 80110 • • • ISb r ~~·, .. ,.· . . , . -,.· f)(h17J;h~ ')I ?077/r;,~ Mr . Francis ouffy Dougan 4310 so Fox Englewood, Co . 80110 (, ....... .~ ' ~ ........ f' "'" " . ' ....... ,. ' ,. .. •. ,·· .... ~..,.~~ ....... t ~ •· •.j. .. '), t Dear Slr: :,~, .. ·< ·~11:,, .·':·: I am writing in regard to the artlcle in the Englewood. Citizen; .• ;·.: 'X,'j;,'i~•,/. concerning Board vacancies; mainly Planning and Zonina.· Comaheion· ·,;;t;+,;·;:·,t:;;,,. (1, and/or Housing and Urban Renewal Authority . · · "' ,.,~•-:·•~;,, .. ,,;l· '·· "' "t ,•i;, '9 . ~ t. '\\ ~~~~J.~ v·:'. t -,, . · ... ':,:J . ~fr '.Rf:·~~::, .. ,._. My in~erest and Background lies in the financial aapect1. of City , ,S"·',._i,,:·, ._·::· governme nt. I comp leted 3 (three) years of Businen adminhtratiori ~ ... •' . at Columbia College of Minouri. I m currently amployed with ,:.;.~,:. ,· ·,. ·, Majeatic savings & Loan Auociation, in the Mortgage .Loan •l)epart• ' .. ~{t·· ment . Since being honoably discharged from the Army, I have . , , · · · settled in Englewood and want to become an Active Cithen in tb"e '\·,?,:~, ; •. )! Englewoo d City Government . •· ; ', • .:'llf.:..,,·~---. . ··~.~~-,::···,·> ; .. ~~ Any auietance you may be able to offer me at thh tillle ~ll'be' ·· ···. ,",· •· ' I ,_'), o greatly appreciated . ~ An Interested Citizen! C),,_1L ~'r""'-- ~~~tt;.ranc ts F . Do u gan , ' I ?"'., t .1w -\.' .. i !.y ...!• ,, u' ·,, :'•~ IOIISOUTH 9ROAOWAV • ENGLEWOOO, COLORADO 80110 • • I • • - t I J I l l • ~~ ,, ·, ' '. ' ·) ) .j i • • • • EDWA RD DR A PFR P IJBL I < A.C <..CH IN I A N 1 iNl#illlllJ I, 1•u •• 1,c 1 l-,l f ('H ( lt t l 1t1111,,.,1\I l "f"V (t,,1 11 °"F f'IV1r:E -i R7 'l C,Q•J r ,, 1,11r1 /'l r W /1 ¥ El'JG LE'W Of"'.1(.i ;tiLnf<l ,.oo tu ,1111 January l6, 1976 Eng le wo od City Co un cil 3400 Sou th Elati St reet Englewood, Col orado 80110 Dear Co un c l lmf'n, ~-"7/'71 /J/f ~ 2071177}' f f L F P l•H.),-H•: 13031 7 1;49 1818 I wou ld l ike Lo s ubmi t my name for your considerat ion in appoint- ment for the follo wi ng boards: Respe ctfully, Edward Draper ED/bp; Ad j ustment and Appeal s Planning and Zoning I I • I • • I r:1 r-, \ I :Ni' ~ '_4 ~. ~} • ,.,) . ,., -1;',·r .. :Z}t. •1; '.l ay or .J am <-J ~ 1 ay !o r ?· ')embers u f ':01J nr.1 i '1City \larwr,e r' s OfJ tc~ 31:iOO S. Elati St, \-:nglewood, Co l orado N Ll.:l ta·· ...... 0 ... ) 'At.~~~·~})·, . rii• .. :·~,;qf~,t-t,':. ~ ..... !{" • . J1:.~·;1::Y. ~ > ..... ~·. ~-/1. :· '·"·· ~<·. ·~.·... ' ••. '' '4":i~ .. .. ".·_.;_:.:' .,,:;-. ,,.. . . .., -.: :\1~\· . -. :; .. ; ;' .,.;i ... "1 ', •. :,:!'j/: :,: : ·; ·: :· ,tfi}f/ ': .. •' ,,,M:·.,~): ... :near :sirs, • • - •!., 781 -1612 i ~ t ~; '«'' ./" COLEMAN C . EWING 4387 S . BANNOCK ST. ENGLEWOOD ,COLO 80110 ·' I·*' .. ~.Ji, ·"'.)Ill'\>•• ~, ~f. {~~r-,~~ ¥:·· ··t• i. ':1'$:\t~.J· i' .: , · !Jpon r e ndinp, th(l ".:nr..lc 'll'ou,:i Citizen, I noticed y our appeal to Englewood. . i;,~'14}·t :~C'itisens to fill p o s.it.ions on city boards and co111111istdons. I wish to submit f"3 . ~¥,5,;:.'ot:·::· name-ancl qualH i cat lons f or yo11r consideration, · ,1:..'?~:'1-,',':r,:: ... ,., . 'I have bee n a resident, or l,'.m',lewood for 5 years. During this ti.me I han ,becCllle ,k·f,i,~~;i..;: j:' ia , home o'llller and a oermanent O"'-rt of EnP,lewood' s citizenry. My 10 year old :son at-.tr,l'.'.,t :/' ,;. tends CJa.yton Elementary School and he is active in the En elewood Chapter of . the ~'~'t:~.:}.1' ' Cµb Scouts of Am r:rica and Tne t:nP,lewood Wrti:;tling Club. ] run a acti.ve member of . it: !.;~ the Littleton Chu rch of Christ and the Architectural Advisor to their Building Com- , .. !' :·z-·, . -mitte. f,~i :3·';; · ·, . At present I am workinr; out of my home on a ~ldO ,000 .00 Veterinarian Hospital £J,t.~t}" ... : ori 'Oreen Mountain, Color ad•>. J feel I would have ample time to aid the city of . · ):,i'\~~:~':;:--,~n11~o<~d on the l\():tr<! of Ad .iust.ment an d Appeali-i Mid/or the l'lanning and Zoning : t:fr:\~.J. ..... :.~': Co111111i~SH>n. . · ' . • ~ditfi'tr'.,. .,, •· •_-:,··r.1 n:1~,· ::"" my h1 ·i,•I' r1 )m1m•· whic li i :; ,,n<-'41 :a,<1 f .,r my qu;Llificnt,ion:; and ex-, f '.,,:,)~·J·· .'· r.>flri enc1:1. Your co11 :1 1d,,rat;jt,n ,,r m.v apl'I k.it .1011 ... u1 1.1 l>e 1:r,:at.ly llppreciated, i\f:; ,lf ,-~ . . . ;.; ' ' ft~~·f!'( ... tr 1.;' ·· ......... . ~z: .:·~:~:::; . ,),t :·; ' g> ' ;,1-~· ,. ·•r..:o .. ,, I! t · •, ,'1, ... '(, ,. f~:.· il",,:;,..J. .• . ~.~-r·1:1~ ~\ .... :/~~_,·~ ;'' Sincorely • 1:,1,~:q, ·:;t . i'.o,:\: .. , • .f.· • '.i-,v.} 4 , i;_. ·, . ''l·/'..;,, I •~1J\~r~::~~ ', ' :.~ ',~~":", . /)_ ,....., L-,c~c . • ~\ ~ .... :·:::· ·,. ·: .• : ...... 11:,,1 ~ ,.· ) } t· .. :-... ·1 ;J ;1,:;mo ·~ j') ,J~ :;/~.~·.r.: ~-t'~~~-~· i:r ·\.; . ~\. ,, .. ..... ~, \ .... ~. :i\i, .. ~: ~ " .\ ... v·c \,. · .. ~·:· • \ "!. • · ,,'nc I ' ' ·: ..... 1:,tl0m.m c . 1,:wl ng An,til t,,,t:f. • I • • In ..., • • - Perf:l on al Hosu me . ...c.....co:.:f..c:_.:;;:c;.:;;:Q.:;;:L.:;;:F~M'-'--'AN"'-'c;;;..• ';;....cEW;.;.:.;;l;c.NO.:;;:,_-...;.;;AR;..;.C;;..,H.:;;:l'l';;.:...F.:;;::C'l'~ L18 7 South Bannock En glewood , Colorano ,80110 S'9" 121:l lb. Married -CO!JJRA.DO . ' .. \ ~ J • Elfing ; ,.,. ' '. ,•' ... · .~·}i~\> ~, ~ l~;(:f ' . . .. ...... , r ~ ,. " •.•• 1 ·~1 ·T~--f/<• 1 . :~·1"·• "'.' ,, . ,, ...\ -····--- ·~. "~;. . ': .. I • • , .... ! •• ··;'"' • • '· ~i ., ... • ,,: I' ·'' (,,•,' .... , I • • - / .,, '· .. , ~ ... •i '. •• ~ .>, ,.· ,·. \.! .... . t-·":. \; ~ ,1-· .• : .. • .January 7, 1977 Mayor James I.. Taylor Englewood City Council 3400 South Elatl Street Englewood, Colora do 80 110 • • - Dear Mayor Taylor and Councllmembers: 4.,,7//71~ .... 2 c>?N»j I would llke to make application for a position as a member of the Board of Adjustment and Appeals or the Planning and Zoning Commission. Actually, my first interest would b e the Planning and Zoning Commission. I have lived in Englewood for a number of years (20) and have llved at 3280 South Sherman Street for 15 years. My wlfe and I own our home at this location. I am presently retired, but operate more as a hobby a part time garage/mechanic business at my home location. I have been employed in the past as an insurance salesman ln Des Moines , Iowa, and have owned and operated my own garage business in Pensacola, Florida, for 8 years. I hR ve a hlghschool dipl oma and a total number of 4 ycnra In business college work. Again, l ot me say that I would b e most interestcct In being appointed to either of the above vacancies. :l280 So uth Sherman Street Englewood, Colorado J>holl l ' -7Hl -1;HO I • I • • ... ~: .. :' \_., ....... ... ".,., . -,.,~, • • ': •; .. ,,· ... • t ·-·· i ~ .. .. '' I . - l i J t r: ·~ ! ,, i ~ :·1 ~ ., 1 . ~; .. 1 '1 L ' • • • - January 20, 1977 City Managers Office Englewood, Colorado 80110 Att : Mayor Taylor As a new resident of Englewood, the article in the Englewood Citizen, concerning Board Vacancies, was very intriguing to ae. I was very pleased to see an open invitation to the Citizens ,::-,-. of Englewood to beco-involved with the workings of the City Government. I feel if the citizens of a co11111unity support and take part in the Ci ty Government, everyone benifits. Since my vocation and 11ajor interest are in the area of hOllle financina and planning, I would be most interested in serving on one of the following Boards: Housing and Urban Renewal Board of Adjustment and Appeals and as a special interest to me would be the Comaiaaion of Planning and Zoning. J Should you have any questions as to my experience and qualifications ~ .:·~~- t •'f, '•i .... ,(.-' ,) . ~ ...... . " please contact me. Thank you for your consideration and a88istance , , ~·I)•):. Cordially, .. , :1, >ft 1<,JUL ;c;l C , • .' Glenna J. Hale ·' 3849 South Grant Street Enalewood, Colo~ado 80110 Phone: Work-789-4483 Hoae-789-5436 • •. r~ >: .. ~ , I • • - l 1·· • ., ,. '.•:, • • • A>!;>/l }ft ~ .. ~f ?1 ' ·77, $. ,' ' ' ! • .:. ~.· .~\~ I J ... ,,,_ . >··i~t-'1;;,/.,·' I P,:· 7 ·, ,.·, ..... _., 16,. · 11977 ·:1-'}"·,.•,., . ,. · "· ,., .. ~.,:::' .. !:.~t~,.~:?.~,.i.:~::. .. :. . • • • , . ..t• ,'"·~ .~ •~, \'t,~ I • '?'~ :·. \r ~ ~',; .. , fl# 'f 7 .. .s .: ." .. ;i :· lfcObwn " •r. ~ ... ,.ms-41o,.,, .. ~11,; ..... ~~"l\,i,.itd~ .. ~ : .,. . . . ,. . .. '.,. ' ,. : :~: .,: ':. ~!:_:!/{, · .• ~ .... . ' 'J ,.,:,;:./~ De.ar Kr. lk:ffinrn:: , ... ·~_·' .. :···,.i l.::_,.·,·.~.'.t:r ;~:: : , ;:::,\!, ! It aa M1nite"7 intereoted in again being.:: ... ,~. </}~iti ot the Inglewood Planning and Zoning CmmisS!l.on.·} ·, /:.~ :;~.~·;:;", _:";:. : Please seriously consider 11q application. ' ·... ' . Ila.Dager Cit;T ot Bnglnooli ... . ~. S'incerely, ,-,,-;/~ .Tymer Rice TR/FIIR :~·. ,, ~: .5-0 ?!:,-So ~;., " -., 73/-39/~ '«; I • • • I ........ :· ~;;1'1, • ~ . : ' Ji ... \, • ••' ·•U . :i j~-' .. ·, . ;• 'r! ,,(1) ' I • , .. ·'. \ ..... , •,.: .· • • • .,c ?LIT/ #/4777;/~f ,._ ?o"7?/.;,? "1:11 1 ,J . S 11 izinski ·1'.2 f Cl S out h F l ati St.rert L'r,p J ,-,.o o,, fol o re,'o 8"110 .J 11n11 1• r, 2 1 1 r:1 7 7 L '• nm o citize n of F.hple- fl<' s IH" (' I I ll I I ·' l ':t ll l ' • j • v ., ,.e::\1./,r~"f'·t,/ _i../ ~11 i z in "'k ;\ : .. ,. ·,::,; J. • : . I • • n • - . -. .,_.;,. ., ' ..;• I no.. I t I u t ,. ut \"f _(',tnlr r · Ji nr '· .,J~~ -~ ·'' -~. ',.... .,: r ·1,, 1'•· · .. -..; \'' ·;, r:· ... •Ir>· ri, ~ . .,.. ..... ' --,:~-~ In l I • • • • • - Ski 7 in sl1 i OJ \I O!lK EXPJ..RI E.T F.: 'ifl'I ' AR,· 's1-:11v IC E : ,11=,··· , , . ,:\., .. . 1;,:_ Un 1 t .ea St at P. e Navy.,;. Oct ot Pr l!H\4 -~ ·,.Photo11rep Hc Intelli1?1?nce • , , •li t., .. :_. nl&) er• I • • ·, \ .. I ·.;, •o,: • • ..~ ·~· :)f , ·,:.l?J.:~~;· • • - • ,. • ., •·, n I • • . -n - I • ,, .,:,, .i • .;,.~..,,' S.:-?~-r~(. ,\,' ·~ . .. ' •,,:."'C-; 'i. •t-<i t.;:i 4J')··. :.;r l,;v ~ I January 21 , 1977 J.L. Taylor, Mayor City Ha ll 3400 S. Elati Englewood, CO 80110 Dear Mayo r Taylo r, • • • I'm applying for the oppning on the Planning Commiss ion of Englewood. I've been a resident of Englewood for and wou ld like an opportunity to work: My exp e ri ence is limited. Currently, I Estate sale sman's license for Colorado. Thanky ou o r your consideration. Sincerelr7, J /l."t . J~n. Peter A. S tuar t • t-,·· I • • - / • • • • • • RECEIVED JUN 2 7 1977 CITY MANAGER'S OFFIC::: ENGLEWOOD TO THE HONORABLE MAYOR AND COUNCIL : P!crn---r,.,?Jry <-1-lon;nc. 3181 South Do wning Street J Englewood , Colorado 80110 June 25 , 1977 As a citizen with pride and concern for Englewood 's economic and s ocial stability, it is my sincere des i re at this time to be c onsidered by you for the vacancy on t he City Planning and Zo ning Board which is being createcl by the resignation of Mr . Ed Sm ith . In addition to b eing a proud, concerned Engl ew oo d family, which I am sure we all are , both rrry wife , Amanda, and I earn our living here~each of us in different busine sses, Amanda has been in the beauty business for several years with Mr. Chalmerse Parker, while real estate is my business. We have a sizeable real estate invest- ment portfolio of Englewood business and residential pr operty. Our home is located at 318 1 So uth Downing and our ch ildren are in Engl e- wood public schools . Both Amanda and I take an active part in ~ citizen part icipat ion, with me mberships in various community organiza- tions. I am happy to presently be serving as a member of the Central Business Dis trict Committ ee under the chairmanship of Councilman Don Smi th. My prayer in life is that I may be found worthy as a citizen thr ough brotherhood and Christianity so that I may do rrry bes t for my fami l y and community . If y ou find me worthy t o serve in this capacity , I ple dge my support to the established purpose s and ffOa ls of the ci.ty and its dedicated leaders . I hone my requ cflt will meet with your a pprov al. llefl'p P.<:tfll lly nnd AincerP.1.V , • • I • • In n - • l I _, I q . •! . 1 ·' ·1 ·, • Honorable J ames L. Tavtor, May o , Citv o f En~lewood, City Ha ll , 3400 So. natl, En~lewood, Colorado • • • 2291 ~ast Dartmouth Place, ,;n ~l ewood , Colorado 80110 80110 any_ Ea:nrl oY &n71~, .SS/t:J n Dear Sir: Please consider me for appointment to any Board or co ~mission y ou may have vacant that you feel I am qualified to fill. I retired from the Colorado State Tax Commission fiYe years aeo havin~ served on and with that 6ommission since 1937, the last 24 years as a member, four years as chairman. Since retirin~ I have worked about half time as a lobbyist for the Colorado Asses s ors' Association. I will be 74 years of a~e next February, I a m in ~ood health, have owned my home at 2291 East Dartmouth Place since 196), orior to that I owned and lived at 1726 South Fran'·lin, Denver, Colorado • I am serious about~ this letter, and would appreciate ~ talking to any person 1n position to inform me as to vacancies available, and requirements desirable ~nd necessary • . An answer to this letter would be ~reatly appreciated. . / ? ~~~~e~!ii' (· /t,-u'Y L c{ · · 2291 East D~lmouth Place En~lewood, r.olorado 80110 Phone 789-)388 • I • • • • I • I . • • - • • • • I • • • • n - . I - • • .• l. • • • • . .... ,... : _,. --~--_.,... .. ~ ···-· ... ..... 11 ·~t , ·--·-... I • • ·.~ . -··· . ,-..----·-·"'-'·---· • .".l I ( ( • • • - MEMORANDUM To : Andy Mccown, City Manager From: William D. James, Director of Financ ~ Date: June 28, 1977 Subject: Management Letter Per your request, I am responding to the items relat ed in the management l etter dated April 29, 1977 from Shepherd and Company, Inc., the City's independent auditing firm. Prior Year's Management Letter (1) Sales and Use Tax Audits Performed During 1976, the City conducted thirty sales tax audits which generated $39,000 in additional revenues. We also conducted five hundred desk audits on use tax, after we had revised some of the forms and procedures during 1976 relating to use tax audits. The problem has been that, as the City's accounting functions hav e grown over the last several years, the Sales Tax Auditors have been required to perform titese additional accounting functions . During the bud get process of 1976, the City Council approved a new position in Accounting to perform the accounting functions so that the Sales Tax Auditors can perform more sales and use tax audits. However, due to personnel problems, this po sitio n was not filled until around June 15th of this year. We anticipate gearing up fully in sales and use tax audits during the first week of July, and hopefully this program will be in full swing by the first of Au gust. (2) Pension Funds The City is aware of the problems of the pension funds and the liability placed upon the City. The Police and Fire Pension Funds have a substantial amount of unfunded past service costs. However, the Cit y Council has taken action to keep these funds at least funded on a normal cost basis, which is more than any other city in the State of Colorado is doing in the pension fund area. The Employees Pension F~n d is in excellent financial condi tion, and the unfunded past service cost l s estimated to be paid off over a fifteen-year period of time. As J norm, most pension funds anticipate paying fo r the unfunded past service cost over a thirty to forty year pe riod of time. I think we are doing all we can in the Police and Fire Pension Fu nd area at this time to try to alleviate some of the financial burdens being placed upon the City. • I • • ( ( Andy McCo\.111, City Manager Page 2 June 28, 1977 (3) Defaulted Special Improv e ment Bonds • • • Last year , the auditors s t a ted that th e City should try to close the Defaulted Spec ial Improvement Account which dates ba ck to 1951. On November 4, 1976, the City Manager sent a memo t o the City Attorney stating that the old defaulted districts need to be closed out and if arrangements could be made to close this account by cou rt order or some other means . We will send another memo to the City Attorney requesting that this action be taken again this year . Colla teral Securities Even thou gh th e management letter states that the state legislature n ow allows a pooling of co llateral securities for the protection of deposit of public monies under the Public Deposit Protection Act of 1975, our Code does n o t specifically addres s the pooling of banks for pledging of collateral sec urities but does not eliminate the possibility of the banks from doing this. The auditors stated that this is a pragmatic problem, and I think the matter should be r e viewed by the City Attorney with an o pinion as to if the Code nee ds to be changed or left as is. Investments The auditors were concern ed that the investments placed through Bache Halsey Stuart, Inc . do not affo rd the City protection necessary in case the securities were lost, stolen , or destroyed . I have at tac hed a letter from Bache Halsey Stuart, Inc. whi c h outlines ade quate prot ec tion for our securities as far as I am concerned. I will fo rward this letter t o Shepherd and Company for th eir review to see if it meets their guidelines for providing adequate prot ec tion for the securities placed with Bache Hals ey Stuart . Uncollected Sewer Bills The a uditors pointed out that the City did not assess any sewer bills to the c ounty in 1976 for delinqu en t accounts. I would like to note, first off, that up until three years ago the City did not assess delinquent accounts to the c ounty at all for collec tion. There is nothing in the Code that specifically states that this has to be done each year . Nor is there any formal policy adopted other than the one by the Finance Department stating that we will c o llect delinquent accou nts each year . The main reason we did not assess de l inquent sewer bills to the county this year was because we were trying other means of collecting these accounts . We had about thirty ou tstanding delinqu ent accounts at year end, and these thirty accounts will be assessed next year. I would like to note that in the first go-around of assessing delinquent accounts to the county , some of them were four, five and six years old . I think we have come a long way in trying to hold down the number of • I • • - ( l ( • Andy McCown, City Manager Page 3 June 28, 1977 • • • delinquent accounts in the sewer area. Thirty delinquent accounts out of 25,000 I believe is an acceptable number for the City, and I am not sure that assessing through the county would even resolve all of those accounts. However, f rom now on it will be a formal policy of the Finance Department t o assess each year any de linquent accounts remaining . Weed and Rubbish Removal We we re aware that during 1976 invoices were not sent out to property owners for weed and rubbish removal performed by the City. This generates between $2,000 and $3,000 in revenue each year. Even though it is a minor sum, it is not exc used for not trying to collect these accounts. We have set up new procedures which we hop e will expedite sending notices to prope rty owners for the cos ts of weed and rubbish removal performed by the City. Sales Tax Ordinance The proposed c hange s outlined in the management letter regarding the sales tax ordinance I feel should be reviewed by the Tax Committ ee with a recommendation back to City Council. It will have some financial impact on the Public Improve- ment Fund and the General Fund, but the exact impact is not known at this time. I believe the situation should be studied by the Tax Committee with a report back to City Council on the original intention of the Tax Committee's recommenda- tion. Computer Equipment The City presently has an NCR399 disc-drive comp u t er. We have contacted NCR and we can run our program on an NCR499 which is locate d in their main office in Denver. There is still some question as to if they would be able to process our i n formation stored on discs with the 499 equipment configuration. However, we will check into the matter further and will insure that the City has adequate back-up capabilities within the metro area . Investments in Policemen's and Firemen 's Pension Funds The management letter states that the City has not received formal written not ice that the majority of the members contributing to the Police and Fire Pension Funds had authorized a third party (money manager) to invest the funds o n behalf of the City's Police and Fire Pension Boards. We will corr e c t this situation by notifying the Police Chief and Fire Chief in July to take a formal vote of those members co ntributing to each respective fund that they authorize a third party (money manager) to invest pension fund monies. • I • • ( ( • ( • Andy McCown, City Manager Page 4 June 28, 1977 Operational Audits • • • The management letter sta t es that it would be desirous for the City t o consider o perational audits of some f unc tion or program within the City. I ag r ee wi t h this recommendation and would encourage you to recommend to City Co uncil t o amend th e Finance Department budget by $5,000 for 1977 in order to hire Shepherd and Company t o develop and conduct an operational audit program for the City on a one-time basis. After that, the City should be able to use the guidelines and procedur es used by Shepherd and Company t o do our own operational a udits. I think the operational audits are most desirous in conjunction with the rec ommendation to City Council i n using a task force approach to analyzing budget programs and functio ns. Con clusion I would like to thank Shepherd and Company, your office, and the City Couc il, fo r th e fine c ooperation we have r eceived during the audit process fo r 1976. I think Shepherd and Company , your offi ce , a nd the City Counci.l hav e given the Finance Department some excellent direct ion to improve not only the Finance Department's operations but other departments as well . • I • • ( ( ( • • • - M E M OIIANDUM T 01 B. V. Bererdlnl, City Attorney l i OV C 197 6 FROM1 Andy Mccown, City MRDSpr DATE, November 4, 1978 6UBJECT1 MANAGEMENT LETTER FROM AUDITING FIRM Aa 7011 may recall. the City COWlClt received a management letter last April from our audltfns firm, Shepherd and Compa117, Inc. There are two recom- mendatlo~ In tlutt letter which need to be followed_ up by your office. The ftret rebttea to a code change In Section l3~-2(c) where It 11t11tea thnt collateral aecurltltea muet be of a matching amount equal to 1001', of 2!! value. They recommend that market v1lue be uacd Instead due to large fluctunUollS In tho market over the poet couple yean. The CoUDcll dlscuaaed thla provision 11a I recall and were acceptable to It. The staff concurs wltll the nudltor'a recommendatloa. flle aecond recommendnUon relate. to cloalag the defaulted epecbl lmprove- mcnt; ~trlct account. Th .. problem datea back mnny yeara and la a con- tln~ nule1DCe Oil our boob. I am aure that you have looked at thla ID the peat and are familiar with IL We need to bow what methods can be·uaed to close thla accollllt -court order. etc. -and what to do wltb the final aeeeta. We would be pad to dlacuaa thla further with you If you desire. [ would hope that the ordlnl\DCe above could be transmitted to the City Council soon In order to facllltate the change ID that section. Your cooperation la appreciated. Sine~ ANDYMcCOWN City M P.na ger f.McC/p Enclosure cc: Karl Nollenberger. Asalatant City Manager Wl 111 nm J ames, Director of FlnMce ------ • I • • ( ( • • - r,B~a~ __ e_H~a~ls~ey~S_tu_a~rt~ln~c~.:---,--~::--:=--==-=-=-::--~---=-=-=--c-=------------Bache ~re_,_,a_ce_B_u_i _ld~in-"-g.~1~7~00_B_ro_ad_w_a.c._y_, _P._O_._B_o_x _5_62_5_T_._A_;. .• _D_e_nv_e_:r ._c_o_lo_ra_d_o_80_2_1_7 -----------~Halsey _T_ele_p_ho_n_e:_29_2_-3_400 _____________________________ stuart J . Edwar d Diamond Reside nt Mana ger RECEIVED Mr. William D. James Director of Finance City of Englewood 3400 SO. Elati St. Engls.uod, Colorado 80110 Dear Mr. James, June 9, 1977 Your letter of June 3, 1977 raises oertain questions regarding the safety of certificates held in safekeeping by Bache Halsey Stuart, Inc. The following info:c:nation obtained fran public financial recprds should serve to ease your auditor's oonoerns. JUN 11 1977 DEPT. OF FINANCE ENGLEWOOD Badle Group, Inc. has current net assets in excess of $100,000,000. we also have secured additional in..§_uranoe coverage for accounts specifically for loss through bankruptcy. Oiarter New York C.Orporation, the parent a:npa.ny of Irving Trust our depository bank, has current shareholder's equity in excess of $300,000,000. In addition, your securities held by Irving Trust or arrJ other depository bank are eotpletely segregated fran toc;se held for that bank's own account. Regarding loss fran theft fran either Bache Halsey Stuart, Inc. or Irving Trust, l:oth institutions maintain insurance coverage for this possible event. -......_ Sin~i7' (~ ' ~_p//(7 -J l_)1 (/',-: &!ward Dianond Resident Manager ( • • I • • ( • • • • MEMORANDUM To: D. James, Director of Finance Direc tor of Finance Subject: Sales Tax Audits Per your verbal request for sales tax a udit and r e late d information, th e follo w- i ng is a breakdown of results for 1976 and 1977. Please take into consid eration that the sales tax auditor s were used in the preparation of the 1976 Financial Report through March of 1977. Therefore, most of th ese numbers represent work done in April and May. Court Cases: 14 cases -$7,056.18 collected 2 pending Delinquency letters sent -211 Credit letters sent 71 Amount Due letters sent -209 -$1,166.00 est. collected (This letter sent to our sales tax accounts represents desk audits completed.) Delinquency: January February - March April May 456 account~ S06 422 373 280 These desk audits are an attempt to get the delinquency list down in size to a workable number. We have made progress in this area and hope to ha ve our delinquency down to 1 or 2% within the next quarter. These delinquency lists will also help provide sales tax accounts to be audited. From the May 31 sales tax delinquency report are 46 a udits or court cases. Field Audits: 8 audits -$2,085.34 1 refund -$4,376.83 Field audits in progress: 9 Audits -S construction 2 sales tax 2 Bi-City construction As we get the delinquency rate down , we will be concentrating on more field audits. • I • • - ' l ( • • WATER LEASE AND MANAGEMENT J\GREEMENT THIS AGREEMENT, made and ente red into this day of July, 1977 by an d between the CITY OF ENGLEWOOD, hereinafter called "Englewood" b C. and the CITY OF THORNTON, hereinaf t er called "Thornton," both municipal corporations of the State of Colorado, WITNESSETH: WHEREAS, Englewood is a part owner and claimant of certain conditional water rights and facilities in the Fraser River Watershed known as the Englewood Ranch Creek Water Rights and the Englewood Ranch Creek Collection System, and WHEREJ\S, Englewood is entitled to divert a part of the aforesaid water rights whenever water is avail- able and use the water for beneficial purposes, including irrigation, municipal, domestic, recreation and fire purposes, anrl WHERFAS, the aforesaid beneficial use is ac- complished by means of a water exchange pursuant to a Water Exchange l\~rPement of March 17, 19 6 4 e nt e red into by r.nql0wood and the City and County of ncnvcr, acting by and throu<Jh its Hoard of Water Commissioners, hereinafter called the "Denver Water Board," as modified by the Modification of Water F.xchange Agr eement of September 2, 1969, entered into by Englewood, the Denver Water Board and American Metal Climax, Inc., a corporation of the State of New York, author i z ed to do business in the State of Colorado, ereinaf t~r called "Climax," and w 1 :nr.AS, Thornton has larq e undeveloped service a r ea s b o th within and outsid e its corporate city limits, said areas being in a continuing process of development • I • • • ( ( • requiring commitments of additional water to serve said areas, and WHEREAS, the severe drought and lack of physical raw water has put an increasing strain upon the water collection, storage treatment, transmission and dis- tribution facilities of Thornton, resulting in the necessity for the acquisition of additional raw water supplies, and WHEREAS, Thornton has made a rP.quest for a long- term lease from Englewood for amounts of raw water deemed necessary to serve present and anticipated service area and customers of Thornton, and 'WHEREAS, Thornton is also in need of a depen- dable water supply for use in its municipal water system, and WHEREAS, Englewood is the onwer and operator of a certain water storage and supply facility known as McLellan Reservoir, with a capacity of approximately 5,940 acre feet which was constructen to store water diverted from the South Platte River and to store water diverted from the Englewood Ranch Creek Collection System into the South Platte River System b y means of a water exchange, and WHEREAS, Englewood has a surplus of water divertable under its Ranch Creek Water Rights which it cannot totally utilize in the near or reasonably forseeable future and is willing to lease such unused waters to Thornton on a long-term basis and also lease operational space for such leased waters in McLellan Reservoir , and Wl! FAS , t he Fngl e wood Ranch Creek System is op rated b y the Denver Water Board for the benefit of Englewood, Climax and the Denver Water Board, subject to the provisions of the aforesaid Water Exchange -2- • I • • • • Agreement of March 17, 1964 and the aforesaid Modification of Water Exchange Agreement of September 2, 1969, and it is mutually understood that the Englewood Ranch Creek System will continue to be operated in accordance with those agreements, and WHEREAS, Englewood and Thornton will be jointly operating the McLellan Rese rvoir System, it is desirous that certain operating criteria be established in this Agreement for such joint operation, and NOW, THEREFORE, in consiaeration of the premises and the mutual agreements and covenants hereinafter contained, the parties hereto agree as follows: 1. This Agreement incorporates by reference the Charters of both Englewood and Thornton, and not- withstanning any provision herein containPd, if such provision shall be in conflict with either of said Charters, said provision shall be null and void and severable from this Agreement as a whole, but the remaining provisions of this Agreement shall remain in full force and effect. nEFINITIONS 2. The term "Englewood Ranch Creek t·1ater Rights" shall mean those water rights owned in part by Englewood and more particularly described in Appendix "A" attached hereto, incorporated herein, and made a part hereof. 3. The term "F.nglewood Ranch Creek Collection System" shall mean those facilities owned in part by Englewood for the diversion, collection and storage of the "Englewood Ranch Creek Water Rights." 4. The term "nenv,r Water Doard" when used in this Agreement shall mean the City a11d County of Denver, acting by and through its noard of Water Commissioners. -3- • I • • • • 5. The term "Climax" when used in this Agreement shall mean American Metal Climax, Inc., a corporation of the State of New York, authorized to do business in the State of Colorado. 6. The term "Water Exchange Agreement" shall mean the agreement entered into by Eng lewood and the Denver Water Board on March 17, 1964 . The term "Modification of Water Exchange Agreem e nt" shall mean the agreemen t entered into by En g lewood, the De nve r Water Board and C limax on September 2, 196 9 . 7. The term "McLellan Reservoir " shall mean the water storage and supply facility owned and operated by Englewood which was constructed to store waters diverted from the South Platte River and to store waters diverted from the Englewood Ranch Creek Collection System. 8. The term "McT ,ellan Rest>rvoir Water Rights" shall mean those water rights described in Appendix "A." TERMS AND CONDITIONS ----------- 9. This lease shall be for a term of Twenty (20) years beginning on the day of July, 1977 and en~inq on th e day of July, 1998, unless this ~gree ment shall be sooner terminated as herein- . ,. • -l ~ after provided. Unl e ss so term i nated,AThornton shall have the option to renew the lease for succes- sive terms of Twenty (20) years, upon giving notice in writing to Englewood of Thornton's intent to exercise the option of renewal not later than six (6) months prior to the e nd of any Twenty (20) year term. 10. F or an annual consideration of Two Hundred Thousand ($2 00,000.00) Dollars, Englewood agrees to lease to T h o r nton an undivided Fifty percent (501) share o f t h e ope r ational capacity of McLellan Reservoir; an undivided Fifty percent (501) share .of the yield of water produced by the exercise of the storage right of McLellan Reservoir from the South Platte River, more -4- • ~) ., ,(: '\/'{I I • • • • particularly described in Appendix "A" hereof: and an undivided Sixty percent (601) of Englewood's share of the yield of water produced by the exercise of Englewood's Ranch Creek Water Rights more particularly described in Appendix "11" hereof, includ C'd as a part of the Englewood Ranch Creek Collection System, and which may be stored in McLellan Reservoir under the "Denver Exchange" agreement purusant to the terms and provisions of the Water Exchange Agreement of 1964 and its modification by the Modification of Water Exchange Agreement of 1969. 11. It is mutually understood that the total capacity of McLellan Reservoir is approximately 5,940 ·acre feet. 'J'he operational capacity may vary from time to time, but shall be defined herein as that storage capacity available hetween the outlet--works intake invert and the elevation of either the crest of the emergency spillway or that maximum elevation al- lowed by the Colorado Division of Water Resources • . 12. It is mutually agreed that the annual con- sideration of Two Hundred Thousand ($200,000.00) Dollars shall be reviewed every Five (5) years on the anniversary date of this Agreement and shall be varied in relation to the then existing value of United State money. Such value shall be computed hy use of the ratio which the value of United States money on the date first ahove written bears to the value of United States money on the anniversary date upon which the consideration is re- viewed. The value of United States money at any time shall be determined by an index of construction costs based upon data c ol r t ed a nd pub lished in the F.ngineering News RPc-o r d , "'r 'ch is a publica tion of a private data ga t h e ri n ~ a gency, subject to any modifications, amp lifica ions, and changes of method in making or computing the same as shall or may be made from time -5- • I • • - • • to time by said agency. Should the Engineering News Record Index of the costs of construction cease to be published, then the nearest similar publication published by a bureau, board or agency of the United States Government, or some other private data gathering agency mutually acceptable to both parties, which gives the same type of information, shall be the basis for the computation of the variation in payments. 13. It is mutually agreed that either party shall have the right to reserve water in their undivided share of the operational capacity from year to year without redistribution. Should either party not fully utilize its share of the undivided capacity, the other party may temporarily utilize the unused capacity. Should the party with the right to the unused capacity sub- sequently have water available to refill their un - divided share, the surplus waters will be considered spilled when the total operational reservoir capacity is exceeded unless other arrangements are made by and between the parties hereto. 14. It is agreed that should maintenance or repair of the McLellan Reservoir System be necessary, that this shall be the full responsibility of Englewood, The expense of any modification to the facilities for the convenience of either party, or both, shall be shared by the parties so benefited, in proportion to the entitlement of operational reservoir capacity. 15. It is mutually agreed that any modification or repair to the Reservoir facilities including the inlet and outlet works shall be coordinated between ~he pa rt i ·s t o i nsure thei r ability to take delivery o r \.later rom the fac ility when requi.red. 16 . It is mutually agreed that should the reservoir not be full and the McLellan Storage and Ranch Creek Collectio,1 System decrees not be in -6- • I • • • • priority that the parties shall have the right to store other waters for temporary detention purposes or storage in the unused capacity of McLellan Reservoir with no liability other than to themselves. The amount of storage capacity available and the amount stored will be on the basis of the depth of water in the Reservoir as it relates to the depth capacity curves of McLellan found in Appendix "A." Pumping costs and ditch losses will be paid by the party benefited by the storage of other waters. 17. It is mutually agreed that all waters which are stored or detained in McLellan Reservoir will pe diminished by their proportionate share of evaporation calculated at a mutually agreed rate if necessary. 18. It is mutually agreed that Thornton shall pay to Englewood the pumping cost for waters stored in the McLellan Reservoir which do not result from the Englewood Ranch Creek Collection System "Denver Exchange" yields. Should the Highline Canal be used for filling McLellan Reservoir, the parties will share the canal losses, and costs, if any, in proportion to the amount of water received by either party inclurling foreign waters. 19. It is mutually understood that ~ny re- quests for release of water from McLellan Reservoir will be made to the manager of McLellan Reservoir at least Twenty-four (24) hours in advance of the anticipated release time. It is also understood that should the reservo i r be ful l , that the water will automatically d ! sc h arg f' in to t h e Dad Cl ark Gul ch below the reservoir thro ugh he e merge ncy spillway and f.low to the South Pla tte H v er . Floods will fill or pass through the reservoir and flashboards are prohibited on the emergency spillway. -7- • I • • • • 20. It is also understood and agreed that once the water is released to Thornton at the outlet of McLellan Reservoir, Thornton agrees to assume all risks and responsibilities for carriage of such water to the delivery points of its distribution systern and further agrees to assume all transportation and carriage losses chargeable by the state water administration officials. 21. It is mutually agreed that Thornton shall have the first right of refusal to Englewood's share of the yield of water from the Englewood Ranch Creek Water Rights brought into the South Platte River Watershed and exchanged under the "South Platte River Exchange" or the "Williams Fork exchange" pursuant to the provisions of the Water Exchange Agreement of March 17, 1964 and its modification by the Modification of Water Exchange Agreement of September 2, 1969 at a charge of Twenty-five ($25.00) Dollars per acre foot. The water shall be measured at the point of delivery from either the inter-connection between the Englewood Ranch Creek Collection System and the Moffat Water System of the Denver Water Board or at the point of release from the Denver Water Board's Jones Pass Tunnel into Clear Creek, as the case may be. Once said water is delivered at the above described points, Thornton agrees to assume all risks and responsibilities for the carriage of such water and in making any exchange for waters of the South Platte River. Thornton also agrees to assume all seepage, evaporation losses and fees for the carriage of such water in the Moffat Water Sy s tem fac l ljties of the Denver Water Board and ~~ g ea l ~ i t and for the carriage of such water in the pub ~i c streams of the state chargeable by the state water administration official~. -8- • I • • • • 22. It is understood and agreed that the charge of Twenty-five ($25.00) Oollars per acre foot for the water described in the preceding Paragraph 21 hereof shall be reviewed every Five (5) years on the an- nivers a ry date of this Agreement and sha ll be varied in relation to the then existing value of United States money determined in the manner provided in Paragraph 12, abo v e . 23. This Agreement involves the use and furnishing of raw water outside the territorial limits of Englewood. It is mutually understood and agreed that Englewood may have to interrupt the delivery of raw water produced from the exercise of its Ranch Creek Water Rights to Thornton and resume delivery to Englewood to provide adequately for users inside the territorial limits of Englewood. The right to interrupt such delivery is a matter to be determined by Englewood in the exercise of its reasonable discretion from time to time as occasion may require. This determination by Englewood shall be based upon th e sta ndards and limitations herein- after set forth. 24. The welfare of Englewood and its in- habitants requires a stable water supply and while it is essential for Englewood to maintain a water supply adequate to meet the needs of its users, there are many elements which make it uncertain whether th e sup p ly can always be adequate for all uses and pur poses, and, therefore, in times of shortage, the 1 di ided s ·x ty percent (6 0%) of r:nql ewood's sha r e uf he y · .l p r o d uced fro m t he e xerc ise of Englewood Ranch Cre ~k Wa ter Ri g h t s leased t o Thornton may be curtail e d and such water yi e ld delivered to F.nglewood on an incre mental basis as available. Before thi s -9- • I • • • • water yield shall be called back by Englewood, water use within Englewood and Thornton shall be curtailed so as to try and avoid if at all possible having to call back any yield by Englewood away from Thornton. The curtailments to be imposed by mutual agreement both within Englewood and Thornton shall be on the following basis, the first listed curtailment beinq adopted to meet the least serious situation and the succeeding curtailments being adopted in addition to prior listed curtailments, the last to meet the gravest possible situation and one which every reasonable precaution must be taken to avoid, to wit: 1. Restriction of uses, which can be accomplished without serious injury to person or property and prohibition of non-essential uses. 2. Prohibition of irrigation except for commercial greenhouses. 3. Prohibition of every use except for domestic use and for essential commerical enterprises and industry. 4. Prohibition of all uses except domestic uses. 25. F.nqlewood agrees that the water yield available to Thornton under this lease shall not be curtailed or called back by Erglewood to sP.rve future users other than Thornton outside the territorial limits of F.nglewood. 26. Thornton agrees to prevent all unnecessary or unreasonable waste of water from its distribution ac i iti c s and a l l connections thereto. 2 7 . I t is mutua l y unders tood and agreed th at the wa tc su pp ly ava ilab le from the exercise of Englewood Ril nch Cr <'k Wr1 tC'r Riqhts is clP.p<'n<lc-nt upon sources from which the supply is variable in quantity and beyond any control of Englewood. No liability shall be incurred -10- • I • • ·• ..... • • under this Agreement on account of any failure to ac- curately anticipate the availability of water supply or because of failure of water supply due to in- adequate run-off or other occurrence beyond the reasonable control of Englewood. 28. It is acknowledged by the parties hereto that Paragraph 14 of the Modification of Water Exchange Agreement of 1969 provides: "14. Englewood agrees that it will not, after the date upon which this instrument becomes operative, directly or indirectly, sell water for domestic or -municipal use, or provide domestic or provide domestic or municipal water service, outside its municipal boundaries to any person or entity for any area not currently receiving such water or water service unless application therefor shall have first been made to the Board and unless: A. The Board finds that it is not able to provirle water or water service for such area within a reasonable time after receipt of the application, with the result that the Board declines to accept the application, or B. The Board finds that it is able to provide such water or water service, but for other reasons declines to accept the application. Areas outside Englewood's municipal boundaries which are currently receiving such water or water service from Fnql~w000 are s h own on the attach ed map which is s1q nat e · as Exhi bi t A a nd incorp orated herein by rr frr n c, 2 9 . It is mutually agreed that this agreement shall be submitted to the Denver Water Board for its -11- I • • ( ( • • consideration and action in ·compliance with the provisions of Paragraph 14 of the Modification of Water Exchange Agreement of 1969 set forth in the preceding numbered paragraph hereof. Thornton by submitting this Agreement to the Denver Water Board hereby makes application to the Denver Water Board for raw water in the same amounts, for the equivalent operational storage capacity, for the same consideration and for the same period of time as provided in this agreement. Thornton requests the Denver Water Board to accept or decline this application within hirty (30) days from the date this Aqreement is transmitted to the Board. The parties hereto consider this to be a reasonable time to accept or decline the application as the lease of water by Englewood to Thornton has been under consideration by the Denver Water Department since March of 1976. 30. Except for the emergency lease of water hereinafter provided, this Agreement shall be suspended for a period of Thirty (30) days from the date of receipt of this Agreement by the Denver Water Board to permit it to consider t~e request of the parties hereto. 31. It is mutually agreed that Enqlewood reserves the right to sell aml cHsposc of all or a part of the water rights which produce the water leased by th i s Agreement and all or a part of the facilities used for the diversion, collection and storage of thes'e water rights known as the Englewood Ranch Creek Collection System and McLellan Reservoir. This reservation may be exercised by Englewood at any time during the duration of this lease or any extension thereof. Should r q ewoOC'' a a ny time d ec ide to di spose of all o r a part O JI I 1 , ..:n od l<anch r r<'c k Wilt er flig hts and its part of the E ngl , •o od Ra nch Creek Collection System, Thornton shall have the first right of refusal to acquire Englewood's part of the Englewood Pane~ Creek Water Rights and its -12- I • • r ( 0 • • part of the Ranch Creek Collection System, by the payme nt to Englewood of whatever amount is offered to Englewood as payment therefore. It is understood that at any given time, an offer to Englewood to acq u i re the aforesaid water rights and part of the collection system could necessitate the payment by Thornton to Englewood of a substanital amount of money, and, therefore, Englewood agrees that pursuant to this first right of refusal, Thornton shall have a reasonable amount of time to present to its citizens a bond issue to be voted upon by them if such vote be needed and required in order to provide money to acquire all or a part of its Englewood Ranch Cree k Water Ri g hts and its part of the Englewood Ranch Creek Collection System. 32. In the event that Thornton shall fail to keep or perform any agreement on its part to b e k e pt and performed according to the terms and provisions of this Agreement and Englewood gives Thornton written notice specifying the particular default or defaults, Thornton shall have such time as provided in said notice, which period of time shall in no event be less than Ninety (90) days in which to correct such default or defaults. Failure to correct such default within the specified time period allowed, ma y r e sult in the term- ination of this Agreement by F.nglewood upon the giving of Sixty (60) days written notice to Thornton. Waiver or failure to give notice of a particular default or d e faults, under this paragraph, shall not be construed as condoning any continuing or sub- seque nt default. If either party s h ould contest any e t i o n p rsu~nt to he ope r a t i on of this pa ra g ra ph i n r , t' , qr c>r'mcn t sha l l r e mai n i n e ff e ct pcnd i n q a clf'tP rm 1 i lion l..>y t il t' c o urt in 5 a irl a c ti o n . 3 3 . No assignment by Thornton of its rights und e r this Ag r eement shall be binding on Englewood -13- I • • - ( ( • • unless it shall have assented to such an assignment with the same formality as employed in the execution of this Agreement. 34. All water furnished hereunder is on a leasehold basi5 for the use of Thornton and its customers for all of the various purposes for which Englewood has been decreed the right to appropriate water. Such right to use water by Thornton and its customers to the extent legally permissible includes any right to make a succession of uses, re-use, ex- change, or other lawful use, upon the completion of the primary use by Thornton or its customers. Except if herein specifically otherwise provided, all property rights to the water to be furnished by Englewood are reserved in Englewood. 35. The parties hereto agree that this Agreement will continue until terminated by mutual agreement, notwithstanding the possible curtailment of service as specifically provided for herein. · 36. Failure of either party hereto to exercise any right hereunder shall not be deemed a waiver of such party's right and shall not affect the right of such a party to exercise at some future time said riqht or riqhts or ~ny other riqht it may have hereunder. 37. Because of the severe drought presently occuring, Englewood on an emergency basis, agrees to lease to Thornton water available from its Ranch Creek collection system or McLellan Reservoir during 1977, if needed and when requested by Th or nt o n, ,, a p ricP of Onr l!undrf'rl ann 'l'wenty- i ~ ($1 ~ 00 ) no llars pe r acre f oot , me a s ured at he OJtl et of McLella n Reservoi r, to be i l led a n promptly paid by Thornton. -14- • 0 I • • ( ( • • 38. Appendix "A" consists of the following attached material: a. List of Englewood Ranch Creek Water Right decrees. b. List of McLellan Reservoir South Platte River Water Right decrees. c. McLellan Reservoir outlet works dis- charge curve. d. Depth area-capacity curve of McLellan Reservoir. ATTEST: city Clerk Approved for Englewood: Kells Waggoner Acting City Manager City _of F.nglewood D. V. llcranHn1 City Attorney City of F.nglewood James o. Ge1ss1nger #2470 Special Water Counsel City of Englewood S'rl\TF. OF COLORJ\00 COUNTY OF J\RAPAIIOE ss. CITY OF EW~LENOOD BY: M'"',-a_y_o_r ___________ _ T e f r e inq instrument was acknowledged before me this da y of , 1977, by ----, as Mo y or a nd a~ Ci y r 1 erk of the rity o f En glewood, Colorado. 1'1 1 t nes s my h a n d and officia l seal. My commission expires=---~---------- Notary Public -15- 0 I • • - ( 0 • ATTEST: City Clerk Ap proved for Thor nton: Jame c. Perry City Manager City of Thornton Kenneth L. Broadhurst #1659 Utilities Attorne y City of Thornton STATE OF COLORADO COUNTY OF ADAMS ss. • CI TY OF TH ORNTO N BY : '"'M~a-y_o_r __________ _ The foregoing instrument wa s a c knowledqed before me this d ay of , 1977, by , as Mayor and -a-s--,C~i~t~y-C,....l_e_rTk-o~f.-th:-T-e-~C~ity of Thornton, Colorado. Witness my hand and o f fic i a l s e al. My commi s sion expir es : _____________ _ Nota ry Public -16- • 0 I • • • ~~~N~~ g-~s~ u Cl • • - • 0 I . • o _ • n T o Dote T im e WHILE YOU WERE OUT Mr . of _ Ph one N umbt"r r -= Please coll -----Tel~honed ~lied t o see you,_ Wants to s ee you Message FORM 100 W, II coll 090 1n IH:TUANED YOUR CALL 111tc r .110(CU L(O.,Dt "U)II I JI • • - • 0 I • • • Dear Mr. T~lor, • • • ~~c c· r..:-Ene;lewood, Coloracid !-1,._ l • U June 29, 1977 J 1 iS77 Ci""iY ;,:Ar~;\ -i'·s c~; v rn .c.Juu We hope that scaething can be done about the DOO situation.. 1n ~levood. In several areaa they bark all ~ht, and in others the)-run looae by the dosen. Let's act ~ore there is a real crisis. Cordially youra, Bill Ooff'in 3057 So.Ga l a pago . • 0 0 I • • n . _n • - • • 0 I . • • • n • -• • ------ROLL CALL M eel S OV d d econ e A 1ve N av Ab tai s n Ab t sen 1/ Williams V' Sovern <-----;:im1tn I./" Mann L,/' Brown I/' c1avton I~ Mayor laylor • • I . • • • - • • ROLL CALL M ed S d d A ov econ e \Ve av sta n sent Williams v- N Ab Ab Sovern L---:)fflltn 1../"' (../" Mann (- L---Brown v' Clayton // Mayor Taylor /__.- • I • • • • • • ROLL CALL A N 1ve av Abs ta in Absent Williams ~ Sovern V sm1tn J,/ Mann /.,/ ,_.-. Hrown I/ , ~ 1.;1aYton I/ Mayor 1ay1or V • • I . • • • • - • • ----Williams Ave Nav Abstain Absent ,~ Sovern 1.,.,- .:>n11tn ,/ Mann .......- Brown ,,/ /----c,avton / ,_ Mayor TavTor v e • I . • • • • • • I • - • • ROLL CALL Moved r I Seconded I Wi 11 iams Ave Nav / l I Abstain Absent I . l Sovern l I °""mfth ") - ' I Mann / ' I Brown ' I llavton ' I I l Mavor l avl or • L I I __J I • - • • ROLL CALL OV econ e A lve Nay Abstain Absent Wil 1 iams I/" -Sovern t,,/ I ~ ~,th ,I,/" Mann ~ ~ lJrown y----Clavton v" _,.,.- Mavor Taytor V • • I . • • • • • - • • I . • • • • - • • Moved Seconded Ave _Nav Abstain Absent Wi 11 iams t.,....--' --Sovern ....... V Sm1th I/ ,_ /-----Mann ~ Brown ~'-c1avton v Mayor lavlor ,.,.,.,., I . . • • • - • • ,,• -------~~& ~()/ ,,, ~,--~ ROLL CAL L Mov ed s d d econ e A We -Nay Abstain A bsent Williams I/ V Sovern V sm1tn I/ ... ,.---Mann V _v Brown .... - ~ Clayton y i-, Mayor Taylor ""' • • I • • • • • - • ,· • -~ J ~ ,t;; i-f qy ff:·_;1,-JA ~-r6.'1~ALL ])~~-~ Moved Seconded Abstain Absent • • I • • • • • - • • - ,//IJ/-1 p~f 11' d;-;7~~~,--~--. a/I~)!-~ • I • • • • • - • • ROLL CALL , I • • • • ... econded Ave Nav Abstain Absent ,._ Williams c..---Sovern ....... , ./ ""Siii1 t.h , ../ - Mann ·----- -Brown , --Clayton I --- I Mavor Tavlor ~ I _J I . • • - • • - ~ -- • I • • • - Moved Seconded A e Na Abstain Absent I . • • • -• • econ e lve Nav Abstain Absent Williams --z::::;::;-,__.. Sovern ,._ :,m1th ,,_. .t---"' Mann ,_..,. Brown V L----" 1..1ayton ,::,, V Mavor lavlor // (c'~~-L?~ d~~~d-4 ~---- ' Ck-~ --o -6~ :/ A /~ ~~~__,.111111111•--- ~~~~ ~~~~~~;,.~- ·',?~ --- • • I . • • • • • • ROLL CALL ove econ e A N we av Ab sta n Ab sent Williams Sovern ::.mitn Mann Brown Clavton Mayor laylor I . . • •