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Home My WebLink About1977-08-01 (Regular) Meeting Agenda• • - • City Council Meeting -August 1, 1977 Regular lo • n - ( • • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL AUGUST 1, 1977 73~ Call to order, invocation by Reverend Fred Hahn , Innnanuel Lutheran Ch urch, 3 695 South Acoma Street, pledge of allegiance by Boy Scout Troop #92, and roll call. X I,,,.;( ' Minutes. ~ Minutes of the regular meeting of Jul y 18, 1977. (Copies enclosed.) Minutes of the special meeting of July 25, 1977 . (Copies enclosed .) 'Y( Minutes of the special meeting of July 25, 1977. (Copies enclosed.) I Pre-Sche duled Visitors. Mrs. Pat ryes will be present. (Y,,>s Mrs . LeiOma Koestn , President of the Engle- wood Employees Ass ciation, will be present to address City C uncil in regards to maternity leave. (Copies closed .) , President of the En g lewood/ United Suburba Chamber of Connnerce , will be to pre ent the annual report . . Wilks, 4 2 70 South Inca Street, t to request an encroachment "--'"""..._._ement. Copies enclosed.) X Mr . John Sad will be present to disc uss possible Ci y purchase of land at 140-146 West Hampden. X Mr. Rodney tz and Mr . William Gilmore, owners of The Joh , 90 West Belleview Avenue, will be present t o equest a 3.2 beer license renewal (Copies enc osed.) • I • • • • • Page 2 August 1, 197 7 Ag enda V. Pre-Scheduled Visitors (Co inued). {\. 1 Representatives of Consen swill be present to discuss the Santa Fe Dr1 e intersection and realignment of Hampden U. S. ;',285. (Copi es enc losed .) ic Hearing. To consider utilization of reven fun ds for the river redevelopmen C mmunications -No Action Recommend Minutes of the Denver Regional Governments meeting of June 15 (Copies enclosed .) e sharing funding. of Minutes of the Board of Care Service Commissioners meeting of Ju~ 16, 1977. (Copies enclosed.) ;', ~ Minute s of the Planning ad Zoning Commission meeting of July 6, 1977. (Copies enclosed.) Minutes of the July 1 2, 1977. C unicat ions -Action Minutes of the Wat of July 19, 1977 w mendations : of rand Sewer Board meeting th the following recom- v/~ Supplement #54 to Southgate Sanitation District; Enc roachm for Plaza '(~ Chan g e in ,~ Supplement • 'T -,..... Di stric t; t agreement with Bill Harvey el Medico; charges; to Southgate Sanitation ~i Supplement #56 to Southgate Sanitation District. (Copies enclosed.) I • • ( • • • Page 3 August 1, 19 7 7 Agenda Co unications (Continued). Recommendation from the Plannin Commission meeting of July 19, 1 77 concerning the findings of fact for the rezo ing of 3270-80 South Bannock Street. (C ies enclosed.) Council action request for a retai b~ store license renewal for Back Doo I Liquors, 5450 South Broadway . (Co liquor Discount ies enclosed.) Report from the Director of Parks nd Recreation to the City Manager concerning the consumption of beer in the parks. (Copies en osed.) City Attorney. 0 dinances on Final Reading . Ordinance approving a contract of Englewood and the Sta te of olorado concern-17 ing maintenance of traffic co trol devices on state highways within the Ci y of Englewood. (Copies enclosed .) Ordinance vacating a porti n of the 2700 block of South Elati Street and a portion of the 400 block of West Yale Avenu , lying and being within the City of Engl ood. (Copies enclosed.) Ordinance eliminating no zzle or a minimum of gardens, lawns an (Copies enclosed.) he requirement of a erture in the sprinkling the washing of sidewalks. 3 for an Ordinance. Ordinance requir' the owners of all property having connectio to the ci t y water supply to Lu install approve water meters upon the sale, IL t t Ut t, -transfer or cha ge in occupancy of said pro- perty. (Copies enclosed .) Other Matters . ~ Atto~ey's Cho ce. -~----~-~----. I • • - ( • • • Page 4 Au g us t 1, 19 77 Agenda Manag~ Memorandum from tj'le Director of Finance to the Ci ty Manager concerning the Six-Quarter Budget for the period of July , 1977 through December, 1978. (Copie s e nclosed .) Memorandum from the City Manager concerning the fire fighting response in the unincorporated 1). ~~ areas. (Copies enclo ed.) dinance approving a agreement between the e.D i 1/.. ty of Englewood and the City of Thornton ? ..... ~ L ncerning the leasin and storage of Engle- w od Ranch Creek wate (Ordinance and lease agreement enclosed.) ~ Manager's Choice. ~ Other Visitors. "-.li . General Discussion . /" ~ Mayor's Choice . ~ Council Member's ~ Adjournment t2~2:~ City Manager • • I • • - • REGULAR MEETING : • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO July 18 , 1977 /o . The City Council o f the City of Englewood , Arapah oe County , Colorado , met in regular session on July lU , 1977 at 7 :30 p .m. May or Taylor , presiding , called the meeting t o order . The invocation was g iven by Reverend Fred Hahn , Immanue l Lutheran Church , 3695 South Ac oma Street . The Pledge o f Allegiance was led by Bo y Sc out Troop #15 4 . May or Taylo r asked f or r o ll call . Up o n the call of the r oll , the f o llowi ng were present: Counci l Members Williams , Sove rn , Sm ith , Brown , Mann , Clayt o n , Taylor . Absent : None . Als o present were : City Manager Mcco wn City Atto rney Berardini Acting Personnel Director Brown Directo r of Public Wo rks Waggo ner Directo r o f Finance/City Clerk James Deputy City Clerk Varner ****** CO lHI CILMAN SO VERN MOVED TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 5 , 1977 . Councilman Brown seconded the motion . Up o n a call o f the r oll , the vote resulted as f ollows: Ayes : Co uncil Membe r s Willi ams , Sovern , Smith , Br own , Mann , Clayt o n , Taylor . ays : None . The May o r declared the motion carried . * * * * * * COUNCILMA~ CLAYTO MOVED TO APPROVE THE MATTER OF RECORD FOR THE SPECIAL CITY COUNCIL MEETING OF JULY 11 , 1977 . Councilman Smit h seconded t he moti on . Upon a call of the r oll , the vo te resulted as follows: Ayes : Council Members Wi lliams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : None . The May o r declared the motion carried . ****** • I • • n n • July 1 8 , 1977 Page 2 • • - Karl Kerzic , 4790 South Lipan , P r e sident o f Englewood Old Timers Baseball Ass o ciatio n , appeared and received a pro c l amatio n from City Council pro claiming the we ek of July 2 4-30 , 1977 , as "Englewoo d Old Timer 's Week ". Mr . Kerzic thanked City Council f or what has been d o ne f o r the Ass o ciatio n . COUNCILMAN CLAYTON MOVED TO APPR OVE A PR OCLAMATION PROCLAIMI G TH E WEEK OF JULY 24 -30 , 1977 , AS "E GLEWOOD OLD TIMER 'S WEEK ". Councilman Smith seco nded the motion . Up on a call of the r oll , the vote resulted as f ollows: Ayes : Council Members Wi lliams , Sovern , Smith , Br own , Mann , Clayton , Tay lo r . Nays : No ne . The May o r declared the moti on carried . ****** John Kreiling , 3131 S outh High Street , appeared and informed City Council about a group called Water f or Colorado . Robert J , Flynn , Atto rney, 500 Continental National Bank Building , appear ed and explained about this group and what they are trying t o d o . He suggested that City Co uncil consider bec oming a part o f this gr oup f o r assistance with possible future water problems . Mr . Flynn answered questio ns from Council . Al Wolfenbarger , Winslow Construction Company empl oyee , appeared and noted that this group deals with the state as a whole concerning water . * * * * * * Howard Olso n , Executive Vice President of Englewood/United Suburban Chamber of Commerce , appeared and presented a letter dated July 18 , 1977 f r om t he Chamber relating to paving in the no rthwest industrial area o f Englewood . Jim Chandler , President of Englewood/United Suburban Chamber o f Commerce , appeared and stated he feels the northwe st area needs t o be paved f or trucks t o get into this industrial a re a . Mr , Chandler added that he feels the city should stick with the Master Street Pl an which cal ls f or a sixty-f oot ri ght-o f -way f o r industrial . Wayne Newto n , 3000 South Wyandot , appeared and stated he is in fav or o f a narrower street width o n Vallej o and Wyand ot . Mr . Newto n also no ted that the property owners need t o kn ow what the street width will be s o they can proc eed with expansio n and building . Director of Public Works Waggoner presented a memorandum dated July 11 , 197 7 f r o m his o ffice c o ncerning paving of this area between Zuni and Tej o n from Bates to Dartmouth . The area is zoned industrial, wh ich calls f or a standard sixty-foot right-of-way with forty-four feet from flow line to flow line . Mr . Waggoner reviewed the results of a questi onnaire sent to the property owners and the estimated costs of paving • I • • - • 'July 18 , 1977 Page 3 • • • COUNCILMAN SOVERN MOVED THAT CITY COUNCIL TAKE UNDER CONSIDERATION AND REQUEST THE CITY ENGINEER TO INVESTIGA1~ THE SPECIFIC FEASIBILITY AND COST OF USING THE SIXTY FOOT RIGHT -OF -WAY DESIGN AS MODIFIED TO ACC OMMODATE A FORT Y FOOT RIGHT -OF -WAY WIDTH FOR DESIGN OF PAVING IN THIS AREA TO BE INCLUDED IN A PAVING DISTRICT IN 1978 . Counc ilman Smith seconded the motio n . Up on a call o f the roll , t he vote resulted as follows : Ayes : Co un c i l Members Williams , Sovern, Smith , Brown , Mann , Clayton , Taylor . Nays : None . Tbe Mayor declared tbe motion carried . ****** Eric Rubanowitz , Assistant Manager , and Duane Geerdes , Ass oc iate Director, of tbe "Unto uchables ", 3422 South Bannock , appeared t o request funds for their youth progr am . They explained this program and answered questi ons from City Council . COUNCILMAN SMITH MOVED TO SET UP A MEETING WITH THE "UNTOUCHABLES " DURING THE NEXT NINETY DAYS . Counc i lman Mann seco nded the moti on . Up o n a call of the roll , the vote resulted as foll ows : Ayes : Council Members Williams , Sovern , Smith , Brown , Mann , Clayton, Taylor . Nays : None . The May or declar ed the motion carri ed . * * * * * * May or Taylor declared a r ecess at 9 :15 p .m. City Council reconvened at 9 :30 p .m. Up on the call of the r oll , the following were present: Council Members Williams , So vern , Sm ith , Br own , Mann , Clayton , Taylor . Absent : None . The Mayo r declared a quorum present. * * * * * * Harold Stamps , 3200 South Galapago , appeared concer ning the smells from the Bi -City Waste Water Treatment Plant . Mayor Taylor presented and read a memorandum from Bill Brookshire , Direct or of Waste Water Treatment , dated July 18 , 1977 concerning measures t o c ontr ol this problem . * * * * * * I • • - • • • - July 18 , 1977 Pa g e 4 "C o mmunicatio ns-No Actio n Rec ommended " o n the a g enda were rec eived : a . Minutes o f the Denver Re g i onal Counci l o f Go vernments meeting o f May l8 , 1977 . b . Minutes o f the Housing Autho rity meeting o f May 24 , 1977 . c . Minutes of the Library Board meeting o f June 14, 197 7 . d . Minutes of the Planning and Zo ning Commissio n meetings o f June 14 and J une 21 , 1977 . e . Financial Rep ort f o r the mo nth o f J une 197 7 . Councilman Clayto n no ted there is an err or in figures o n page 2 of the minutes of the Planning and Zoning Commissi o n meeting o f J une 14 , 1977 . City Manager McCown suggested sending a letter t o the Planning and Zoning Commiss i on with a c o py to Director of Community Development Wanush expressing Council 's concerns . Councilman Sovern presented comments to City Co uncil from the Denver Regi onal Council of Gove r nments concer ning t he hous i ng rehabilitati on program . He also noted that City Co uncil sho uld have some input f o r the do cument "Regi onal Growth and Development Plan for t he Denver Regio n " from DRCOG . They will be voting on the draft copy at the i r meeting on July 20 , 1977 . * * * * * * COUNCILMAN SOVERN MOVED TO APPROVE THE RENEWAL OF THE 3 .2 BEER LICENSE FOR SHAKEYS PIZZA PARLOR AND YE PUBLIC HOUSE , 3281 SOUTH SANTA FE DRIVE . Council- man Williams seconded the mot i on . Upon a call of the r o ll , the v ote resulted as f o llows : Ayes : Council Members Williams , Sovern , Smith , Br o wn , Mann , Clayto n , Taylor . Nays : No ne . The May or d e clared the mo tion carried . ****** CO UN CILMAN MAN MOVE D TO APPROVE THE RENEWAL OF THE RETAIL LIQUOR STORE LI CE NSE FOR THE LI UOR BAR N, LTD ., 44 15 SOUTH BR OADWAY . Councilman Williams seconded the moti on . Upo n a c all o f the r oll , the vo te resulted as f ollows : Ayes: Co uncil Members Williams , So vern , Smith , Brown , Mann , Clayton , Tayl or . Nays : None . The Mayor declared the motion carried . ****** • I • • • • • • • ·July 18 , 1977 Page 5 City Manager McC own presented a 3 .2 beer license renewal request f or The John , 90 West Belleview. He noted there have been a number of police calls t o this establishment during the past year , as outlined in a mem orandum from the Chief o f Police dated July 1 , 1977 concerning liquor outlet calls . COUNCILMAN BROWN MOVED TO REQUEST THE CHIEF OF PO LICE AND THE OWNER OR MANAGER OF THE JOHN TO APPEAR BEFORE CITY COUNCIL TO ANSWER QUES TIONS , Councilman Clayto n seconded the motion . Up on a call of the r oll , the vo te resulted as foll ows : Ayes : Council Membe rs Williams , Sovern , Smith , Br own , Mann , Clayton , Taylor . Nays : None . The May or declared the moti on carri ed . COUNCILMAN CLAYTON MOVED TO POSTPONE ACTION ON THI S UNTIL AFTER THE OWN ER APPEARS BEFORE CITY COUNCIL TO ANSWER QUESTIONS , AND TO PLACE THIS ON THE AGENDA FOR THE SPECIAL CITY COUNCIL MEETING ON JULY 25 , 1977 FOLLOWI G THE PRE VI OUSLY SCHEDULED HEARINGS . Councilman Br own seconded the motion . After discussion , the motion and second were withdrawn . COUNCIIJ.IAN MANN MOVED TO APPROVE THE RENEWAL OF THE 3 .2 BEER LICE SE FOR THE JOHN , 90 WEST BELLEVIEW , ON THE CONDITIO THAT THE OWNER APPEAR BEFORE CITY COUNCIL ON AUGUST 1 , 1977 TO DISCUSS SOME OF THE PROBLEMS THEY HAVE BEEN HAVING , AND TO REQUEST THE CHIEF OF POLICE TO BE PRESENT ALSO . Counc ilman Brown seconded the motion . Up on a call of the r oll , the vo te resulted as f oll ows : Ayes : Co uncil Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : one . The May or declared the motion carried . ****** City Manager Mcc own presented a memorandum fr om the Chief of Police dated July 1 , 1977 concerning l iquor outlet calls f or the period July 1 , 1976 through July 1 , 1977 . ****** City Manager Mccown presented a lett er dated July 14 , 1977 from the Career Se rvice Board concerning the vertical promotion policy and discussed the background involved . He noted it is the adm inistrati on 's rec ommendati on that this p olicy be d iscon tinued . Lieoma Koestner , President of the Englewood Employees Ass oc iation , appeared and spoke in favor of this policy . • I • • • • • • • • "July 18, 1977 Page 6 COUNCILMAN SOVERN MOVED TO FURTH.ER DISCUSS THE VERTICAL PROMOTION POLICY IN A STUDY SESSION BEFORE OCTOBER 1 , 1977 . Councilman Smith seconded the mo ti on . Upon a c all o f the r oll , the vote resulted as f oll ows : Ayes : Council Members Sovern , Smith, Br own , Cl ayton , Taylor . Nays : Co un cil Members Williams , Mann . The Mayo r declared the motion carried . ****** INTR ODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE AMENDING SECTION 48 , CHAPTER 3 , TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE ELIMINATING THE REQUIREMENT OF A ONE-FOURTH (1/ ) INCH DIAMETER APERWRE IN THE SPRINKLING OF GARDENS, LAWNS AND THE WASH ING OF SIDEWA LKS . COUNCILMAN MANN MOVED TO PASS THIS BILL ON FIR ST RE ADING , TO BE AMENDED BY STRIKING THE PHRASE "SPRINKLING OF GARDENS , LAWNS AND WASHING OF SIDEWALKS OR OTHER OUTSIDE WATER USED SHALL BE DONE O LY BY USE OF A NOZZLE OR NOZZLES ..• ". Counc i lman Smith sec onded the motion . COUNC ILMAN SM I TH MOVED TO AMEND THIS BILL BY ADDING THAT WASHING OF SIDEWALKS SHALL BE STRICTLY FORBIDDEN UNLESS OTHERWISE APPROVED BY THE DIRECTOR OF UTILITIES BECAUSE IT IS NOT CONSIDERED TO BE A BENEFICIAL WATER USE . Co unc i lman Sovern seconded the motion . Up on a call o f the roll , the vote resulted as follows : Ayes : Council Members Sovern , Smith , Taylor . Nay s : Counci l Members Wil l iams , Brown , Mann , Clayton . The May or declared the amendment defeated . Up on a call o f the r oll , the vote on the orig inal motion resulted as f oll ows: Ayes : Counci l Members Williams , Brown, Mann , Clayton , Taylor . I Nays : Co unci l Members So vern, Smith . The Mayor declared the motion carried . ****** INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD , COLORADO , AT THE GENERAL MU NICIPAL ELEC TION TO BE HELD ON THE 8TH DAY OF NOVEMBER , 1977 , A PROPOSAL TO FORM A CHARTER COMMISSION AND TO ELECT • I • • - • • • • • July 18, 1977 Page 7 MEMBERS THERETO , IN ORDER TO FRAME A REVISED CHARTER; AND DIRECTING ALL CALLS AND NOTICES OF ELECTION TO BE MADE AS REQUIRED BY LAW . COUNCILMAN SMITH MOVED TO PASS THIS BILL ON FIRST READING . Councilman Mann seconded the motion . Councilman Sove rn questioned the need for this ordinance . Councilman Brown suggested having a study sess i on f or City Counc il review o f the Charter t o see if this ordinanc e is needed . Up on a call of the r oll , t he vo te resul ted as follows : Ayes : Council Members Smith , Mann , Clayto n . Nays : Co uncil Members Williams , So vern , Br own , Taylor . The Mayor declared the mot i on defeated . * * * * * * May or Taylor declared a reces s at 11 :40 p .m. City Council rec onvened at 11:55 p .m. Upon the call of the r oll , the follow ing were p resent: Council Members Williams , So vern , Smi th , Brown , Mann , Clayton , Taylor . Absent : No ne . Th e May or declar ed a qu orum present . ****** City Atto r ney Be r ardini presented a Bill for an Ord inance concerning a c hange in the water metering policy . COUNCILMAN SOVERN MOVED TO POSTPONE THI S ITEM UNTIL THE NEXT REGULAR CITY COUNCIL MEETING ON AUGUST 1 , 1977 . Councilman Br own seconded the mo tion . Up on a call of the r oll , the vote resulted as f ollows : Ayes : Counc i l Membe rs Wi lliams , So vern , Smith , Br own , Mann , Clayton , Taylor . Nays : No ne . The Mayor declared the mo tio n carried . ****** INTRODUCED AB A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDI NANCE REZONING A CERTAIN PARCEL OF LAND IN ENGLEWOOD , ARAPAHOE COUNTY , STATE OF COLORADO , FR OM R-2 , MEDIUM DENSITY RESIDENCE , TO B-1 , BUSINESS , AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY . • I • • n n • July 18 , 1977 Page 8 • • • COUNCILMAN WILLIAMS MOVED TO PASS THIS BILL ON FIRST READING . Council- man Sovern seconded the motion . Upon a call of the r oll , the vote resulted as follows : Ayes : Council Members Williams , Sovern , Smith , Brown , Mann, Clayton , Taylor . Nays : None . The May o r declared t he motion carried . ****** COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE CITY ATTORNEY TO TAKE WHATEVER LEGAL ACTION IS NECESSARY REGARDING THE SUIT FILED AGAINST THE CITY BY DE LUXE THEATRES . Councilman Smith seconded the motion . Up on a call of the r oll , the vote resulted as f ollows : Ayes : Counc i l Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : None . The Mayor declar ed the motion carried . ****** COUNCILMAN CLAYTON MOVED TO POSTPONE THE PUBLIC HEARING ON HAMPDEN PROFESSIONAL PARK SUBDIVISIO FINAL PLAT FROM JULY 11 , 1977 TO AUGUST 22 , 1977 AT 7 :00 P .M. Councilman Brown seconded the motion . Upon a call of the r 611 , the vote resulted as follows : Ayes : Council Members Williams , Sovern, Smi th, Brown , Mann , Clayton , Taylor . Nays : None . The Mayor declared the mo tion carrie d . * * * * * * City Manager McCown presented the Six-Quarter Budget for the period July 1977 through December 1978 , a memorandum from the Director of Finance , and a resolution providing for the changes . COUNCILMAN MANN MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT REGULAR CITY COUNCIL MEETING ON AUGU T 1 , 1977 . Councilman Clayton 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 • • I • • 0 • • • • • July 18 , 1977 Page 9 COUNCILMAN SOVERN MOVED TO SET PUBLIC HEARINGS ON THE CHANGE IN USE OF REVENUE SHARIN G MONIES FOR THE REGULAR CITY COUNCIL MEETING ON AUGUST 1 , 1977 AND FOR THE SPECIAL CITY COUNCIL MEETING ON AUGUST 8 , 1977 FOLLOWING THE HEARING SCHEDULED AT 7 :00 P ,M, Councilman Clayton seco nded the moti on . Up on a call o f the r oll , the vote resulted as f ollows: Ayes: Council Members Williams , Sovern , Smith , Br own , Mann , Clayto n , Taylor , Nays : None . The Mayor declared the motion carried . * * * * * * RESOLUTION NO . 34 , SERIES OF 1977 A RESOLUTION ESTABLISHING FEES AND CHARGES FDR THE ENGLEWOOD MUNICIPAL GOLF COURSE , COUNCILMAN CLAY'.roN MOVED TO PASS RESOLUTION 0 . 34 , SERIES OF 1977 . Counc i lman Sovern seconded the moti on . MAYOR TAYLOR MOVED TO AMEND THIS RESOLUTION TO CHARGE AN ADDITIONAL FEE OF FIFTY CENTS FOR NINE HOLES AND ONE DOLLAR FOR EIGHTEEN HOLES FOR ANY ONE LIVI NG OUTS IDE ENGLEWOOD OR SHERIDAN . Councilman Mann seconded the moti on . Upon a call of the r oll , the vote r esulted as f ollows : Aye s: Co un c i l Members Williams , So vern , Smith , Br own , Mann , Clayton , Tay lor . Nays : No ne . The Mayo r declar ed the amendment carried . Upon a call of the r oll , the vote on the original moti on as amended resulted as follows: Ayes : Coun c i l Me mb e r s Williams , Sovern , Smith , Br own , Mann , Clayton , Taylor . Nays : None . The Mayor declared the motion carried , * * * * * * City Manager Mcc own presented a res olution amending the budge t to provide $5 ,000 t o perform an operational audit . COUNCILMAN SMITH MOVED '.ro POSTPONE THIS ITEM UNTIL THE REGULAR CITY COUNCIL MEETING ON AUGUST 15 , 1977 AND THAT IT BE PLACED ON THE STUDY SESSION AGENDA . Councilman Mann seconded the motion . Upon a call of the roll , the v ote resulted as follows : • I • ...... • • • • July 18, 1977 Page 10 Ayes : Council Membe r s Williams , Sovern , Smith , Bro\,/11 , Mann , Clayton , Taylor . Nays : None . The May or declared t he mot i on carried . * * * * * * RESOLUTION NO . 35 , SERIES OF 1977 A RESOLUTION REVISING WATER TAP ASSESSMENTS INSIDE AND OUTSIDE THE CORPORATE BOUNDARIES OF THE CITY OF ENGLEWOOD , COLORADO . COUNCILMAN SOVERN MOVED TO PASS RES OLUTION NO . 35 , SER I ES OF 1977 . Councilman Clayton s econded the mot i on . Up on a call of t h e r oll , t h e vote resulted as f ollows : Ay es : Co un c i l Membe r s Williams , So vern , Smith, Br o\,/11 , Mann , Clayton , Taylor . Nay s : None . Th e Mayor declared the moti on carried . * * * * * * City Manager McCo\,/11 no ted t h at the de d i cati on f or the first nine holes o f the En glewood Municipal Golf Course will be held on August 13 , 1977 at 10 :00 a .m. * * * * * * Maurice Mer l in , 3688 South Sherman , appear ed and stated City Council sho uld go h ome due to the time . * * * * * * COUNCILMAN WILLIAMS MOVED TO SEND A LETTER OF COMMENDATION TO SE CRETARY PAT HUMPHRYES FOR PASSING THE CERTIFIED PROFESSIONAL SECRETARY EXAMINATION . Councilman Sovern seconded the moti on . Up on a call o f the r oll , the vote r esulted as follows: Ayes : Council Members Williams , Sovern , Smith , Bro\,/11 , Mann , Clayton , Taylor . Nays: None . The May or declared the motion car ried . * * * * * * • I • • - • July 18 , 1977 Page 11 • • • COUNCILMAN SOVERN MOVED TO REQUEST THE CITY STAFF TO APPROACH LITTLETON AND THE LITTLETON FIRE PROTECTION DISTRICT TO WORK OUT AMENDMENTS TO THE MUTUAL AID AGREEMENT WHICH WOULD ALLOW THE NF.AREST FIRE STATIONS TO RESPOND TO AN AIARM REGARDLESS OF JURISDICTIO • Councilman Smith seconded the motion . Up on a call of the r oll , the vote resulted as follows : Ayes: Co uncil Members Williams , Sovern , Smith , Br own, Mann , Clayton , Taylor . Nays : None . The May or declared the motion carried . ****** Mayor Taylor noted that the de dicati on of the Si mon Center will be held on July 31 , 1977 at 2 :00 p.m . ****** There being no further busine ss , Mayor Tayl or adjourned the City Council meeting at 12:30 a .m. Deputy City Clerk • I • • ( • REGULAR MEETING: • • • COUNCIL CHAMB tRS CITY OF ENGLEWOOD , COLORADO July 1 8 , 1977 Io.. The City Council o f the City of En glewood , Arap ah oe County , Colorado , mec in regular session on July lb , 1977 at 7:30 p .m. May or Taylor , presiding , called the meeting t o order. The invocation was given by Reverend Fred Hahn , Immanuel Lutheran Church , 3695 South Acoma Str eet . The Pledge o f Alleg iance was led by Boy Scout Troop #154 . Mayor Taylor asked f or r oll call . Upon the call o f the r oll , the f ollowi ng we r e present: Co uncil Membe r s Wjlliams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Absent : None . Al so present were: City Manager Mccown City Attorney Be r a r dini Acting Per sonne l Director Brown Director of Public Works Waggoner Di rector of Finan e/City Clerk James Deputy City Clerk Varner ****** COUNCILMAN SOVERN MOVE D TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 5, 1977 . Councilman Brown seconded the motion. Upo n a call o f the roll , the vote resul t ed as follows: Ayes : Council Members Williams , Sovern , Smith , Brown , Mann, Clayton, Taylor . Nays : None , The May o r declared che notion carried . * * * * * * CO UNCILMA N CLAYTON MOVED TO AP PROVE THE MATTER OF RECORD FOR THE SP ECIAL CITY COUNCIL MEETIN G OF JULY 11, 1977 . Councilman Smit h seconded t he moti on. Upon a call of the r o ll, the vote r esulted as follows: Ayes: Councll Members Williams , Sovern , Smith, Brown , Mann , Clayton , Taylor. Nays: None . The May or declared the motion carried. ****** • I • • • • • - July 18 , 1977 Page 2 Karl Kerzic , 4790 South Lipan , President of Englewood Old Timers Bas eball Associat i on , appeared and received a pro clamation from City Council proclaiming the week of July 24 -30 , 1977, as "Englewood Old Timer 's Week ". Mr. Kerzic thanked City Council for what has been done for the Association . CO UNCILMAN CLAYTON MOVED TO APPROVE A PROCLAMATION PROCLAIMING THE WEEK OF JULY 24 -30 , 1977 AS "E GLEWOOD OLD TIMER 'S WEEK ". Councilman Sm ith seconded the motion. Upon a ca 1 of the roll , the vote resulted as follows: Ayes: Council Members Williams , Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : None . The Mayor declared the moti o n carried . ****** John Kre iling , 3131 South High Str eet , appeared and informed City Council abo ut a gr oup called Water for Colorado . Rob ert J . Flynn , Att o rney, 500 Continental Nati onal Bank Build ing , appeared a nd explained ab out t his g r oup and wh a t they are trying to do . He suggested that City Co uncil consider be com ing a part of this group for a ss is tance with possible futur e water problems . Mr . Flynn answe r ed quest i ons from Council . Al Wolfenbarger , Winslow Constructi on Company employee, appeared and noted that this group deals with the state as a wh ole concerning wa e r . * * * * * * Howard Olson , Exec utive Vice President of Englewood/United Subu r ban Chamber of Commerce , appeared and presented a etter dated July 18 , 1977 from the Ch amber relating to paving in the northwest industrial area of Englewood . Jim Chandler , President of Englewood/United Su burban Chamber of Commerc e , appeared and stated he feels the northwest area needs to be paved for truc k s to get into this industrial area . Mr . Chandler added that he feels the city should stick with the Master Street Plan which calls f or a sixty -fo o t right-of-way for industrial . Wayne Newton, 3000 South Wyandot , appeared and stated he is in favor of a narrower street width on Vallejo and Wyand ot . Mr . Newton also noted that the property owners need to know what the street width will be so they can proceed with expansion and building . Director o f Public Works laggoner presented a memorandum dated July 11 , 1977 from his office concerning paving of this area between Z ni and Tejon from Bates c o Dartmouth . The area is zoned industr ial , which calls for a standard sixty-foot right-of-w ay with forty-four feet fr om flow l ine t o flow line . Mr . Wagg oner reviewed the results of a questionnaire sent to the property owners and the estimated costs of paving • • I • • - ( ( • • • • July 18 , 1977 Page 3 COUNCILMAN SOVERN MOVED THAT CITY COUNCIL TAKE UNDER CONSIDERATION AND REQUEST THE CITY ENGINEER TO INVESTIGA1~ THE SPECIFIC FEASIBILITY AND COST OF USING THE SIXTY FOOT RIGHT-OF -WAY DESIGN AS MODIFIED TO ACCOMMODATE A FORTY FOOT RIGHT -OF -WAY WIDTH FOR DESIGN OF PAVING IN THIS AREA TO BE IN CLUDED IN A PAVING DISTRICT IN 1978. Counc ilman Smith seconded the motion . Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith , Brown , Mann, Clayton , Taylor . Nays: None , The Mayor declared the motion carried . ****** Eric Rubanowitz , Assistant Manager , and Duane Geerdes , Ass oc iate Dire ctor , of the "Untouchables", 3422 South Bannoc k, appeared t o request funds for their youth program . They explained this program and answered questions from City Council . COUNCILMAN SMITH MOVED TO SET UP A MEETING WITH HE "UN TOUCHABLES " DURING THE NEXT NINETY DAYS . Councilman Mann seconded the motion . Upon a call of the roll , the vote resulted as follows : Ayes: Council Members Williams , Sovern , Smith , Brown , Mann, Clayton, Taylor . Nays: None . The May or declared the motion carried . ****** May or Taylor declared a recess at 9:15 p .m. City Council reconvened a 9:30 p .m. Upon the call of the roll, the following were present : Council Members Williams , Sovern , Smith , Brown, Mann , Clayton , Taylor . Absent: None , The Mayor declared a quo r um presen t . ****** Harold Stamps , 3200 South Galapago , appeared concerning the s me lls rom the Bi -City Waste Water Treatment Plant . Mayor Taylor presented and read a memorandum from Bill Brookshire, Director of Waste Water Treatment , dated J uly l&, 1977 conc erning measures t o contr ol this problem . ****** • I • • • • • • July 18 , 1977 Page 4 "C ommunications-No Action Recommended " on the agenda were received: a . Minutes of the Denver Regional Council of Governments meeting of May 18, 1977 . b . Minutes o f the Housing Authority meeting o f May 24 , 1977 . c . Minutes of the Library Board meeting of June 14, 1977 . d . Minutes of the Planning and Zoning Commiss i on mee ings o f June 14 and June 21 , 1977 . e. Financial Report for the month of J une 1977 . Councilman Clayton no ted there is an err or in figures o n page 2 o f the minutes of the Planning and Zon ing Commission meeting of June 14 , 1977 . City Manager McCown suggested sending a letter t o the Planning and Zon ing Commissi o n with a c opy t o Director o f Community Development Wanush express ing Council 's c o ncerns . Councilman Sovern presented comm ents to City Council from the Denver Regional Co uncil of Governments concerning the housing rehabilitati on program . He also noted that City Counc il should have some input for the d ocument "R egional Gr owth and Development Plan for the Denver Region " fr om DRCOG . They will be vot ing on the draft copy at their mee ting on July 20 , 1977 . ****** COUNCILMAN SOVERN MOVED TO APPROVE THE RENEWAL OF THE 3 .2 BEER LI CE I SE FOR SHAKEYS PIZZA PARLOR AND YE PUBLIC HOUSE , 3281 SOUTH SANTA FE DRIVE . Council- man Williams seconded the motion . Upon a call of the r oll , the vote resulted as follows : Ayes : Council Members Williams , Sovern , Smith , Brown , Mann , Clayto n , Taylor . Nays: None . The May or declare d the motion carried . ****** COUNCILMAN MANN MOVED TO APPROVE THE RENEWAL OF THE RET AIL LIQUOR STORE LICENSE FOR THE LIQUOR BARN , LTD ., 4415 SOUTH BROADWAY . Councilman Williams seco nded the motion . Upo n a all of the r oll , the vote resulted as f ollows: Ayes: Co uncil Members Williams , Sovern , Smith , Brown , Mann, Clayto n, Taylor . Nays: None . The Mayor declared the moti on carried . ****** • I • • ( ( ( • July 18, 1977 Page 5 • • • City Manager McCown presented a 3 .2 beer license renewal request for The John , 90 West Belleview. He noted there have been a number of olict calls to this e stablishment during the past year, as outlined in a memorandum from the Ch ief of Police dated July 1 , 1977 concerni ng liquor outlet calls. COUNCILMAN BROWN MOVED TO REQUEST THE CHIEF OF POLICE AND THE OWNER OR MANAGER OF THE JOHN TO APPEAR BEFORE CITY COUNCIL TO ANSWER QUES 'rIONS . Councilman Clayton seconded the motion . Upon a call of the roll, he v ote resul ed as follows: Ayes: Council Members Williams , Sovern, Smith , Brown , Mann , Clayton , Taylor. Nays: None . The May or declared the motion carr ied . COUNCILMAN CLA YTON MOVED 'ill POSTPONE ACTI ON ON THIS UNTIL AFTER 'l'HE OWNER APPEARS BEFORE CITY COUNCIL 'ill ANSWER QUESTIONS, AND TO PLACE THIS ON THE AGENDA FOR THE SPECIAL CITY COUNCIL ETING ON JULY 25 , 1977 FOLLOWING THE PREVIOUSLY SCHEDULE D HEARINGS . Councilman Brown seconded the motion . After d i scussion , the motion and second were withdrawn . COUNCI LMAN MAN N MOVED TO APPROVE THE RENEWAL OF THE 3 .2 BEER LICENSE r'OR THE JOHN , 90 WEST BELLEVIEW , ON THE CONDITION THAT THE OWNER APPEAR BEFORE CITY COUNCIL ON AUGUST l , 1977 TO DISCUSS SOME OF TiiE PROBLEMS THEY HAVE BEEN HAVING , AND TO REQUEST THE CHIEF OF POLICE TO BE PRESENT ALSO . Councilman Brown seconde d the moti on . Upon a call of the r oll , the vote resulted as follows : Ayes : Council Members Williams , Sovern , mith , Brown, Mann, Clayton, Taylor . Nays: None. Th e Mayor declared the motion carried . * * * * * * City Manager Mc Cown presented a memorandum from the Chief of Police dated July 1 , 1977 concerning liquor outlet calls for he period July 1 , 1976 through July 1 , 1977 . ****** City Manager McCown presented a letter dated July 14, 1977 from the Career Service Board concerning t h e vertical promotion policy and discussed the backgroun d involved . He noted it is the administration's recommendation that this policy be disco ntinued . Lieoma Koestner , President of the Englewood Employees Association, appeared and s poke in favor of this policy • • I • • • • • July 18 , 1977 Page 6 COUNCILMAN SOVERN MOVED TO FURTHER DISCUSS THE VERTICAL PROMOTION POLICY IN A STUDY SESSION BEFORE OCTOBER 1 , 1977 . Counc i lm an Smith seconded the motion . Upo n a ca.11 of the roll , the vot e resulted as follows: Ayes : Council Members Sovern , Smith , Brown , Clayton , Taylor . Nays : Council Members Williams , Mann . The Mayor declared the motion carried . ****** INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE AMENDING SECTION 48 , CHAPTER 3 , TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE ELIMINATING THE REQUIREMENT OF A ONE -FOURTH (1/4) INCH DIAMETER APERTURE IN THE SPRINKLING OF GARDENS , LAWNS AND THE WASHING OF SIDEWALKS . COUNCILMAN MANN MOVED TO PASS THIS BILL ON FIRST READING , TO BE AMENDED BY STRIKING THE PHRASE "SPRINKLING OF GARDE NS , LAWNS AND WASHIN G OF SIDEWALKS OR OTHER OUTSIDE WATER USED SHALL BE DONE ONLY BY USE OF A NOZZLE OR NOZZLES ... ". Councilman Sm ith s econde d the mot ion . COUNCILMAN SMITH MOVED TO AMEND THIS BILL BY ADDING THAT WASHING OF SIDEWALKS SHALL BE STRICTL Y FORBIDDEN UNLESS OTHERWISE APPROVED BY THE DIRECTOR OF UTILITIES BECA USE IT IS NOT CONSIDERED TO BE A BENEFICIAL WATER USE . Councilman Sovern secon ded t h e moti on . Up on a call o f the r oll , the vote resulted as follows: Ayes: Council Membe r s Sovern , Smith , Taylor . Nays: Council Me mbe r s Williams , Brown , Mann , Clayton . The Mayor declared t he amendment de feated . Upon a ca.11 of the roll , t he vote on the origi nal motion resu l ted as foll ows : Ayes : Council Members Willia.ms , Brown , Mann , Clayton , Taylo r . Nays: Council Membe l)"s Sovern , Smith . The May or declared the motion carried . ****** INTRODUCED AS A BILL BY COUNCILl-!A.N SMITH A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENG LEWOOD , COLORADO , AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 8TH DAY OF NOVEMBER , 1977 , A PROPOSAL TO FORM A CHARTER COMMISSION AND TO ELECT • I • • - ( \ • • • • July 18 , 1977 Page 7 MEMBERS THERETO , IN ORDER TO FRAME A REVISED CHARTER ; AND DIRECTING ALL CALLS AND NOT ICES OF ELECTION TO BE MADE AS REQUIRED BY LAW . COUNCILMAN SMI1~ MOVED TO PASS THIS BILL ON FIRST READING . Councilman Mann seconded the motion . Counc i lman Sovern que st i oned the need f or this o rdinan ce . Councilman Brown suggested having a study session for City Counci l review of the Ch arter to see if this ordinance is ne eded . Upon a call of the r oll , the v o te resulte d as follows : Ayes: Counc il Members Smith , Mann , Clayton . Nays: Council Members Williams , Sovern, Brown , Taylor. The Mayor declared the moti on defeated . ****** May or Taylor declared a recess a t 11 :40 p .m. City Council reconvened at 11:55 p .m. Upon the call of the r oll , t he foll owing we re present: Co un c il Members Williams , Sovern, Sm ith, Brown, Mann , Clayton, Taylor . Absent: l'lo ne . The Mayor declared a qu orum pres ent . * * * * * * City Attorney Be rardini resented a Bill for an Ordinance c onc erning a change in t he water metering policy. COUNC lLMA!l SOVERN MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT REGULAR CITY COUNCIL MEETING ON AUGUST 1 , 1977 , Council.man Brown sec onded the motion . Upon a call o f t he roll, the vote resulted as follows: Ayes : Council Members Williams , Sovern, Smi th, Brown , Mann , Clayton , Taylor . Nays : None . The Mayor declared the motion car ried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCE L OF LAND IN ENGLEW OOD , ARAPAHOE COUNTY , STATE OF COLORADO , FROM R-2 , MEDIUM DENSITY RESIDENCE, TO B-1 , BUSINESS , AllD AMEN DING THE OFFIC IAL ZONING MAP ACCO RDINGLY . • I • • • • • July 18 , 1977 Page 8 COUNCILMAN WILLIAMS MOVED TO PASS THIS BILL ON FIRST READING . Council- man Sovern seco nded the moti o n . Upon a call of the r oll , the vote res ulted as f ollows: Ayes : Council Members Williams, Sovern , Smith , Brown , Mann , Clayton , Taylor . Nays : No ne . The May o r declared the moti on carried . ****** COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE CITY ATTORNEY TO TAKE WHATEVER LEGAL ACTION IS NECESSARY REGARDING THE SUIT FILED AGAINST THE CITY BY DELUXE THEATRES . Councilman Smith seco nded the moti on . Upon a call o f the roll , the vote r esulted as follows : Ayes: Council Members Williams , Sovern , Smith , Brown, Mann , Clayton , Taylor . Nays: None . The Mayo r declared the motion carrie d . ****** COUNCILMAN CLAYTON MOVED TO POSTPONE THE PUBLIC HEARING ON HAMPDEN PROFESSIONAL PARK SUBDIVISION FINAL PLAT FROM J ULY 11 , 1977 TO AUGUST 22 , 1977 AT 7:00 P .M. Councilman Brown seconded the mot i on . Upon a call of the r oll , t he vote resulted as f o llows: Aye s: Council Members Williams , Sovern , Smi th, Br own , Mann, Clayton, Tayl or . Nays : None . The Mayo r declared the mo tion carri ed , ****** Ci ty Manager McCown presented the Six-Quarter Budget f or the period July 1977 through December 1978 , a memorandum from the Director of Finance , and a r esolution providing for the changes . COUNCILMAN MANN MOVED TO POSTPONE THIS ITEM UNTIL THE NEXT REGULAR CITY COUNCIL MEETING ON AUGU T 1 , 1977 . Councilman Clayt o n seconded the motion . Upon a call of the roll , the vo te resulted as foll ows : Ayes : Council Members Williams , Sovern, Smith , Brown , Mann, Clayton , Tay lor . Nays: No ne . The Mayor declared the motion carried . • I • • ( • July 18 , 1977 Page 9 • • • l yO~~!~ _soyp;~ M.~, TO, E '" ~Ufi IC , EqIN{}S ,Q THE , Cf{AflGE IN USE OF REVErnit SHARING MONIES FOB THE REGULAR CIT'f .. COl}lfCit'1~THG ON AUGUST 1, 1977 AND FOR THE SPECIAL CITY COUNCIL MEETING ON AUGUST 8, 1977 FDLLOWING THE HEARING SCHEDULED AT 7:00 P .M. Councilman Clayto n s~9on~ed .~he moti on. Upon a call of the roll, the vote resul ted as fol ows : :,~ '· ,l ~ Ayes: Council Members Williams, Sovern , Smith, Brown , Mann, Clayton, Taylor·, Nays : None . \j{ r '.'.."':."'':v Ji· .The .May o: de cl.4i';'t;d. t~e ;q p.01l,ipn,1P.1>fried .• ,. 1 .T · w 01H';l'.",.., * . * , * * !, • *) ~ • > !. C' • } ' J !1 'I \i/i.;,J c, , c.:.. 1! ~·· .. · .. , : W·.•j_..,_ C:~ J • A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWO OD MUNICIPAL GOLF COURSE . • r t:1)UNCILMAN LAYfuN < MOVED TO ; PPls "RESQL U ION O,! , 0 34; SERIES OF 1977. Councilman Sovern seconded the motion . ~ ,),, MAYOR TAYLOR MOVED TO AMEND THIS RESOLUTION TO CHARGE AN ADDITIONAL FEE OF FIFTY CENTS FOR NINE HO~~~ .O~Ji;"~µ,~ ,FO,ll.-,~~GH'J.'EEJ ~O FOR ANY ONE LIVING OUTSIDE ENGLEWOOD OR SHERIDAN. Councilman Mann seconded the mo i on. Upon a call of the roll, the vote. r e suJcte<i a s follows: ,.,, [ rf ._,, iii ./).Yes: ~ fo .,'ti~J!~mb,eI(~..W~-.:J.Ji,i~1 Soi,,er.n , mi t,ti ,, ll;I-rr, Ml:\nn, 00 : 0 [ j s , ·,, SJ.:.lr~\t9fl ,.~-Tigl,or ',() L '. '" "" , •. , :) ,, "·· Nays: None . .m. * • * The May or declared the amendment carried • "· .::'·.·,, ·.::u~-o~ -:t~a'"u ··~r ?;~i.<5rt'i1;'t"t~'.)t~ ~-on ~h e ~~1swa resulted as follows: mjlati qi]. as ~e11deq1 * * I< Ayes: Council Membe rs Williams, Sovern , Smith, Brown , Mann, -Clayton; Ta.r.1.-ori. ,·;, " " · J ~ -·;,, Nays: None. The Mayor declared the motion c arried . * * * * * * City Manager Mccown presented a resolution amending the budget to provide $5 ,000 to perform an operational audit . COUNCILMAN SMITH MOVED TO POSTPONE THI S ITEM UNTIL THE REGULAR CITY COUNCIL MEETING ON AUGUST 15 , 1977 AND THAT IT BE PLACED ON THE STUDY SESSION AGENDA . Councilman Mann seconded the motion . Upon a call of the roll, the vote resulted as follows: • I • • I C, • • • • J uly 1 8, 1 977 Page 10 Ayes: Council Members Williams , Sovern, Smith , Brown, Mann, Clayton, Taylor. Nay s : Non e. Th e Mayor declared the motion carried . * * * * * * RESOLUTION NO . 35, SERIES OF 1977 A RESOLUT I ON REVISING WATER TAP ASSESSMENTS INSIDE AND OUTSIDE THE CORPORATE BOUNDARIES OF THE CITY OF ENGLEWOOD, COLORADO . COUNCILMAN SOVERN MOVED TO PASS RES OLUTION NO. 35 , SERIES OF 1977. Councilman Clayton seconded the motion. Upon a call o f the r oll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith , Brown, Mann, Clayton, Taylor. Nays: None . The Mayor declared the motion carried. * * * * * ~ City Manage r Mccown noted that the dedication for the first nine holes o f t he Eng l ewo od Municipal Gol f Course will be held on August 13, 1977 at 10:00 a.m. * * * * * * Maurice Merlin , 3688 South Sherman, appeared and stated City Council should go home due to the time. ****** COUNCILMAN WILLIAMS MOVED TO SEND A LE'I'l'ER OF COMMENDATION TO SEC RE TARY PAT HUMPHRYES FOR PASSI NG THE CERTIFIED PROFESSIONAL SECRETARY EXAMIN ATI ON. Co un cilman Sovern seconded the mo tion. Up on a call of the r oll , the vo te resulte d as follows: Ayes: Coun c i l Members Williams, Sovern , Smith , Brown , Mann , Cl ayton, Tay lor . Na ys: None. The May or dec l ared the motion carried . * * * * * * • I • • n n - ( 0 • • July 18, 1977 Pa.ge 11 • • • COUNCILMAN SOVERN MOVED TO REQUEST THE CITY STAFF TO APPROACH LITTLETON AND THE LI'I'l'LETON FIRE PROTECTION DISTRICT TO WORK OUT AMENDMENTS TO THE MUTUAL AID AGREEMENT WHICH WOULD ALLOW THE NEAREST FIRE STATIONS TO RESPO ND TO AN ALARM REGARDLESS OF JURISD ICTION . Councilman Smith seconded the motion . Up on a. call of the r oll , the v ote res ulted a.s follows: Ayes : Co uncil Members Willia.ms, Sovern , Smith, Br own , Mann, Clayton , Taylor . Nays: None. The May or declared the moti on carried . * * * * * * Mayor Taylor noted that t he de dic ation o f the Si,mon Center will be he l d on July 31 , 1977 at 2:00 p .m. * * * * * * There being no further business , Mayo r Taylor adj ourned the City Counc il meeting at 12:30 a.m . Deputy City Clerk • I • • n • SPECIAL MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 25, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on July 25, 1977 at 6:45 p.m. Mayor Taylor presiding, called the meeting to order. Mayor Taylor asked for a roll call. Upon the call of the roll, the following were present: Council Members Williams, Sovern, Smith,Brown, Mann, Clayton,Taylor. Absent: None Also present were: City Manager Mccown Ass't City Manager Curnes Ass't City Attorney DeWitt Deputy City Clerk Johannisson * * * * * * Mayor Taylor stated that the purpose of this special session was to discuss the legal situation regarding the Denver Metals Company and the car shredder. COUNCILMAN SOVERN MOVED, COUNCILMAN BROWN SECONDED A MOTION TO ADJOURN TO EXECUTIVE SESSION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None The Mayor declared the motion carried. City Counci l adjourned to executive session at 6:50 p.m. City Council reconve ned a t 7:15 p.m. COUNCILMAN MANN MOVED TO HAVE THE CITY JOIN THE MATTER OF DENVER METALS VERSUS THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY TO ADVANCE THE I NTERESTS OF THE CITY AND JOIN SUCH OTHER PARTIES AS IS IN THE BEST INTERESTS OF THE CITY. Councilman Brown s econded the motion. Upon a call of the roll, the vote resulted as follows: • I • • - C, • • • • • July 25, 1977 Page 2 Ayes: Council Members Sovern, Smith, Brown, Mann, Clayton, Taylor Nays: Council Member Williams The Mayor declared the motion carried. * * * * * * COUNCILMAN MANN MOVED TO ADJOURN THE SPECIAL SESSION OF CITY COUNCIL. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Willilllll8, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None The Mayor declared the motion carried, * * * * * * The meeting adjourned at 7:15 p.m. • I • • ,.. - .. [ • SPECIAL MEETING: • • - COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 25, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on July 25, 1977 at 6:45 p.m. Mayor Taylor presiding, called the meeting to order • Mayor Taylor asked for a roll call. Upon the call of the roll, the following were present: Council Members Williams, Sovern, Smith,Brown, Mann, Clayton,Taylor. Absent : None Also present were: City Manager Mccown Ass't City Manager Curnes Ass't City Attorney DeWitt Deputy City Clerk Johannisson ****** Mayor Taylor stated that the purpose of this special session was to discuss the legal situation regarding the Denver Metals Company and the car shredder. COUNCILMAN SOVERN MOVED, COUNCILMAN BROWN SECONDED •A MOTION TO ADJOURN TO EXECUTIVE SESSION, Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None The Mayor declared the motion carried. City Council adjourned to executive session at 6:50 p.m. City Council reconvened at 7:15 p.m. b COUNCILMAN MANN MOVED TO HAVE THE CITY JOIN THE MATTER OF DENVER METALS VERSUS THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY TO ADVANCE THE INTERESTS OF THE CITY AND JOIN SUCH OTHER PARTIES AS IS IN THE BEST INTERESTS OF THE CITY. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • • SPECIAL MEETING: • • • COUNCIL CHA?-IBERS CITY OF ENGLEWOOD, COLORADO July 25, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on July 25, 1977 at 7:15 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman Smith. Mayor Taylor led the Pledge of Allegiance. Mayor Taylor asked for a roll call, Upon a call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Absent: None Also present were: City Manager McCown Ass't City Manager Curnes Ass't City Attorney DeWitt Deputy City Clerk Johannisson * * * * * * COUNCILMAN MANN MOVED TO OPEN A PUBLIC REARING TO CONSIDER AN APPLICATION FOR A BEER AND WINE LICENSE HADE BY PAUL DAGHLIAN AND SHAKE DAGHLIAN DBA PAUL'S RESTAURANT AND PIZZERIA, 3542 S. FOX, ENGLEWOOD. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None The Mayor declared the motion carried. Deputy City Clerk Johannisson presented the following exhibits for the City. Exhibit 1 -Application for a Beer & Wine License submitted by Paul and Shake Daghlian, dba Paul's Restaurant and Pizzeria, 3542 S. Fox Exhibit 2 -Report of Investigation and Personal letters of reference for Paul and Shake Daghlian • • I • • n • 1 SPECIAL MEETING: ~ • • • COUNCIL CHAMllERS CITY OF ENGLEWOOD, COLORADO July 25, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on July 25, 1977 at 6:45 p.m. Mayor Taylor presiding, called the meeting to order. Mayor Taylor asked for a roll call. Upon the call of the roll, the following were present: Council Members Williama, Sovern, Smith,Brown, ~.ann, Clayton,Taylor. Absent: None Also present were: City Manager McCown Ass't City Manager Curnes Ass't City Attorney DeWitt Deputy City Clerk Johannisson * * * * * * Mayor Taylor stated that the purpose of this special session was to discuss the legal situation regarding the Denver Metals Company and the car shredder. b COUNCILMAN SOVERN MOVED, COUNCILMAN BROWN SECONDED A MOTION TO ADJOURN TO EXECUTIVE SESSION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None The Mayor declared the motion carried. City Council adjourned to executive session at 6:50 p.m. City Council reconvened at 7:15 p.m. COUNCILMAN MANN MOVED TO HAVE THE CITY JOIN THE MATTER OF DENVER METALS VERSUS THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY TO ADVANCE THE INTERESTS OF THE CITY AND JOIN SUCH OTHER PARTIES AS IS IN THE BEST I NTERESTS OF THE CITY. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: • I • • lo ,, • • • • • July 25, 1977 Page 2 Ayes: Council Members Sovern, Smith, Brown, Mann, Clayton, Taylor Nays: Council Member Williams The Mayor declared the motion carried. * * * * * * COUNCILMAN MANN MOVED TO ADJOURN THE SPECIAL SESSION OF CITY COUNCIL. Councilman Clayton 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. * * * * * * The meeting adjourned at 7:15 p.m. • I • • In - • • • - July 25, 1977 Page 2 traduced: Exhibit 3 -Ordinance No. 12, Series 1974 -a zoning ordinance showing proposed location is I-1, Light Industrial, which permits restaurants Exhibit 4 -Deed of Trust for 3542 S . Fox, showing right to property Exhibit 5 -Financial documents relating to indebtedness of applicant Exhibit 6 -Petitions circulated by Paralegal Associates showing: 1. 207 respondents for the applicant 2. 83 respondents against the applicant 3. 156 respondents registered no opinion Exhibit 7 -Building Plans for the structure Exhibit 8 -Map of Englewood showing one(l) mile radius neighborhood designated by City Council Exhibit 9 -Certified copy of the Public Hearing notice published in the Englewood Sentinel, July 13, 1977. Exhibit 10-Letter of findings mailed to the applicant on July 18, 1977. Douglas W. Johnson, Attorney Hellman, Hellman, and Thorne 1337 Delaware Denver, Colorado Mayor Taylor asked Mr. Johnson if he had any questions to ask of Mr. Johannisson. Mr. Johnson stated that he had no questions. The following petitioners employed by Paralegal Associates were in- Linda Suttle Laura Suttle Bernice Suttle Lance Richland 5977 S . Gallup 5977 S. Gallup 628 E. Easter 6397 S. Hill Littleton Littleton Littleton Littleton In response to City Council's questions, the petitioners stated that they kept a tally of no opinions. They did not collect names as respondent s did not provide or did not wish to provide this information. They also stated that reasons given by opponents were; too many liquor outlets, opposed to liquor, don't drink, opposed to liquor where children would be. Paul Daghlian 7169 S. Webster St. Littleton, Colorado I • • C, • July 25, 1977 Page 3 • • • Mr. Johnson questioned Mr. Daghlian regarding his personal and business background. Mr. Daghlian provided information and gave reasons for locating in Englewood. Mr. Johnson introduced applicant's Exhibit A, a picture of the notice of public hearing placed on the site of the restaurant. In answer to Council questioning Mr. Daghlian reiterated his desire to operate a family restaurant, one which would bes credit to the community. Howard Olson 6240 W. Canyon Ave Littleton, Colorado Executive Vice President Englewood United Chamber of Commerce In answer to Mr. Johnson's questions Mr. Olson indicated that Englewood would benefit with addition of a restaurant. Re stated that in his opinion the awarding of a beer and wine license would enhance the service of Mr. Daghlian's restaurant. Mayor Taylor asked if there was anyone in the audience who wished to appear in opposition to the application. There was no one present in opposition. ~ COUNCILMAN SOVERN MOVED TO CLOSE THE PUBLIC HEARING TO CONSIDER THE BEER AND WINE APPLICATION OF PAUL AND SHAKE DAGHLIAN. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith,Brown, Mann, Clayton, Taylor Nays: None The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT A BEER AND WINE LICENSE TO PAUL AND SHAKE DAGHLIAN, DBA PAUL'S RESTAURANT AND PIZZERIA, 3542 S. FOX. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor Nays: None The Mayor declared the motion carried. ** * * * * Mayor Taylor called for a recess. City Council recessed at 7:50 p.m. * * * * * * • I • • I ~ • • • - July 25, 1977 Page 4 City Council reconvened at 8:00 p.m. Upon a call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Absent: None COUNCILMAN WILLIAMS MOVED TO OPEN A PUBLIC HEARING TO CONSIDER AN APPLICATION FROM THE ENGLEWOOD VOLUNTEER FIRE DEPARTMENT FOR A SPECIAL EVENTS PERMIT FOR BEER, WINE AND LIQUOR TO BE HELD AT CINDERELLA CITY (BLUE MALL) ON AUGUST 6, 1977 FROM 9:00 P.M. TO AUGUST 7, 1977 AT 1:00 A.M. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None Abstain: Sovern Deputy City Clerk Johannisson presented the following exhibits on behalf of the City: Exhibit 1 -An application from the Englewood Volunteer Fire Depart- ment for a Special Events Permit for Beer, Wine and Liquor. Exhibit 2 -Certified copy of the Public Hearing notice published in the Englewood Sentinel an June 29, 1977. Exhibit 3 -Letter from Cinderella City, Ltd authorizing use of the premises. Exhibit 4 -Picture of the Charter of the Englewood Volunteer Fire Department. Don Hiett 3985 S. Logan Secretary/Dance Chairman Mr. Hiett explained to City Council the background of the application. He indicated that this was the first time in many years that the dance would be held in Englewood. He stated that adequate measures were being taken to insure security and safety of the premises. Mr. Hiett introduced applicant's exhibits: A,B,C -Pictures of the notice of public bearing displayed in the Blue Mall of Cinderella City. D Letter, Englewood Volunteer Fire Department, stating that other licensed facilities are inadequate. I • • - 0 • July 25, 1977 Page 5 William Hamilton Englewood Fire Chief • • • Mr. Hamilton stated his support for the issuance of the Special Events Permit. Mayor Taylor asked if there was anyone in the audience opposed to the issuance of this license. No one appeared in opposition. COUNCILMAN CLAYTON MOVED TO CLOSE TRE PUBLIC REARING TO CONSIDER AN APPLICATION BY TRE ENGLEWOOD VOLUNTEER FIRE DEPARTMENT FOR A SPECIAL EVENTS PERMIT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None Abstain: Sovern The Mayor declared the motion carried. COUNCILMAN MANN MOVED TO GRANT A SPECIAL EVENTS PERMIT TO THE ENGLEWOOD VOLUNTEER FIRE DEPARTMENT FOR BEER, WINE, AND LIQUOR FOR AUGUST 6, 1977(9:00 P.H.) TO AUGUST 7, 1977(1:00 A.M.). Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None Abstain: Sovern The Mayor declared the motion carried. * * * * * * COUNCILMAN MANN MOVED TO ADJOURN . Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None The Mayor declared the meeting adjourned at 8:25 p.m. ****** ,... • I • • n n ( • • - COUNCIL CHAMB ERS CITY OF ENGL EWOOD, COLORADO July 25 , 1 97 7 1~ SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on July 25 , 1977 at 7:15 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation wa s given by Councilman Smith. Mayor Taylor led the Pledge of Allegiance . Mayor Ta ylor a ked for a roll call. Upon a call of the roll, the foll owing were pr es t : Coun cil H ·1.111am s , Sovern, Smith, Brown, Mann, Clayton, Taylor. Abs ent: None Also present were: Ci t y Manager McCown Ass 't City Manager Curnes Ass't City Attorney DeWitt Deputy City Clerk Johannisson * * * * * * COUNCILMAN MANN MOVED TO OPEN A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A BEER AND WINE LICENSE HADE BY PAUL DAGHLIAN AND SHAKE DAGHLIAN OBA PAUL'S RESTAURANT AND PIZZERIA, 3542 S. FOX, ENGLEWOOD. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: City. Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays : None The Mayor declared the motion carried. Deputy Cit y Clerk Johannisson presented the following exhibits for the Exh i bit 1 -Ap plic ation for a Beer & Wine License submitted by Paul and Shake Dag hlian, dba Paul's Restaurant and Pizzeria, 3542 S. Fox Exhibit 2 -Report of Investigation and Personal letters of reference fo r Paul and Sh a ke Daghlian. • I • • • • - July 25, 1977 Page 2 traduced: Exhibit 3 -Ordinance No. 12, Series 1974 -a zoning ordinance showing proposed location is I-1, Light Industrial, which permits restaurants Exhibit 4 -Deed of Trust for 3542 S. Fox, showing right to property Exhibit 5 -Financial documents relating to indebtedness of applicant Exhibit 6 -Petitions circulated by Paralegal Associates showing: 1. 207 respondents for the applicant 2. 83 respondents against the applicant 3. 156 respondents registered no opinion Exhibit 7 -Building Plans for the structure Exhibit 8 -Map o f Englewood showing one(l) mile radius neighborhood desig nated by City Council Exhibit 9 -Certifie d copy of the Public Hearing notice published in the Englewood Sentinel, July 13, 1977. Exhibit 10-Letter of findings mailed to the applicant on July 18, 1977. Douglas W. Johnson, Attorney Mellman, Mellman, and Thorne 1337 Delaware Denver, Colorado Mayor Taylor asked Mr. Johnson if he had any questions to ask of Mr. Johannisson. Mr. Johnson stated that he had no questions. The following petitioners employed by Paralegal Associates were in- Linda Suttle Laura Suttle Bernice Suttle Lance Richland 5977 S. Gallup 5977 S. Gallup 628 E. Easter 6397 S. Hill Littleton Littleton Littleton Littleton In response to City Council's questions, the petitioners stated that t hey kept a tally of no opinions. They did not collect names as respondents d id not provide or did not wish to provide this information. They also stated that reasons given by oppon e nts were; too many liquor outlets, opposed to l iquor , don't drink, op posed t o liquor where children would be. Paul Daghlian 7169 S. Webster St. Littleton, Colorado • I • • ( • • • • July 25, 1977 Page 3 Mr. Johnson questioned Mr. Daghlian regarding his personal and business background. Mr. Daghlian provided information and gave reasons for locating in Englewood. Mr. Johnson introduced applicant's Exhibit A, a picture of the notice of public hearing placed on the site of the restaurant. In answer to Council questioning Mr. Daghlian reiterated bis desire to operate a family restaurant, one which would be a credit to the community. Howard Olson 6240 W. Canyon Ave Littleton, Colorado Executive Vice President Englewood United Chamber of Commerce In answer to Mr. Johnson's questions Mr. Olson indicated that Englewood would benefit with addition of a restaurant. He stated that in his opinion the awarding of a beer and wine license would enhance the service of Mr. Daghlian's restaurant. Mayor Taylor asked if there was anyone in the audience who wished to appear in opposition to the application. There w~s no one present in opposition. COUNCILMAN SOVERN MOVED TO CLOSE THE PUBLIC HEARING TO CONSIDER THE BEER AND WINE APPLICATION OF PAUL AND SHAKE DAGHLI.AN. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members WillialD8, Sovern, Smith,Brown, Mann, Clayton, Taylor Nays : None The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT A BEER AND WINE LICENS E TO PAUL AND SHAKE DAGHLIAN, DBA PAUL'S RESTAURANT AND PIZZERIA, 3542 S. FOX. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor Nays: None The Mayor declared the motion carried. ** * * * * Mayor Taylor called for a recess. City Council recessed at 7:50 p.m. * * * * * * =---==--=·===========-=---..... ===-------.. ~ • I • • • • • • July 25, 1977 Page 4 City Counc il reconvened at 8:00 p.m. Upon a call of the roll , the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Absent: None EOUNCILMAN WILLIAMS MOVED TO OPEN A PUBLIC HEAR I NG TO CONSIDER AN APPLICATI ON FROM THE ENGLEWOOD VOLUNTEER FIRE DEPARTMENT FOR A SPECIAL EVENTS PERMIT FOR BEE R, WINE AND LIQUOR TO BE HELD AT CINDERELLA CITY (BLUE MALL) ON AUGUST 6, 1977 FROM 9 :00 P.M. TO AUGUST 7, 1977 AT 1:00 A.M. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Williams, Smith, Brown, Mann , Clayton, Taylor. Nays: None Abstain: Sovern Deputy City Clerk Johannisson presented the following exhibits on behalf of the City: Exhibit 1 -An application from the Englewood Volunteer Fire Depart- me nt for a Special Events Permit for Beer, Wine and Liquor. Exhibit 2 -Certified copy of the Public Hearing notice published in the Englewood Sentinel o.n June 29, 1977. Exhibit 3 -Letter from Cinderella City, Ltd authorizing use of the premises. Exhibit 4 -Picture of the Charter of the Englewood Volunteer Fire Department. Don Hiett 3985 S. Logan Secretary/Dance Chairman Mr. Hiett explained to City Council the background of the application. He indicated that this was t he first time in many years that the danc e would be held in Englewood . He stated that adequate measures were being taken to insure security and safety of the premises. Mr. Hiett introduced applicant 's exhibits: A,B,C -Pictures of the notice of public heari ng displayed in the Blue Mall of Cinderella City. D Letter, Englewood Volunteer Fire Department, stating that other licensed facilit ies are inadequate . • I • ( ( • • • - July 25, 1977 Page S Permit. William Hamilton Englewood Fire Chief Mr. Hamilton stated his support for the issuance of the Special Events Mayor Taylor asked if there was anyone in the audience opposed to the issuance of this license. No one appeared in opposition. COUNCILMAN CLAYTON MOVED TO CLOSE THE PUBLIC HEARING TO CONSIDER AN APPLICATION BY THE ENGLEWOOD VOLUNT EER FIRE DEPARTMENT FOR A SPECIAL EVEN TS PERMIT. Councilman Smith s econded the motion. Upon a call of the r ol l , t he vote resulted as fo l lows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Ta y lor . Nays: None Abstain: So ve r n The Mayor declar ed the mot ion carried. COUNCILMAN MM.'N MOVED TO GRAN T A SPECIAL EVENTS PERMIT TO THE ENGLEWOOD VOLUNTEER FIRE DEPARTMEN T FO R BEER, WINE, AND LIQUOR FOR AUGUST 6, 1977(9:00 P.M.) TO AUGUST 7, 1977(1.:00 A.M.}. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None Abstain: Sovern The Mayor declared the motion carried. * * * * * * COUNCILMAN MANN MOVED TO ADJOURN. Councilman Sovern seconded the motion. Upon a call o f the roll, the vote resulted aa follows: Ayes: Coun c il Members Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays : None The Mayor declared the meeting adjourned at 8:25 p.m. * * * * * * ,,.,. • I • • • • • • July 25 , 19 77 Dear Mayor Taylo r and Member s of the Englewood City Council: Ac co rding to the Co n s titution and Bylaws of the En g l e wo od Employees Association we are to ma ke •••••• recommendations to the Ca r eer Se r vice Board , The City Mana ge r and th e City Co uncil on all matte r s concerning the c ity employees ••••••• It has come to our attention that Municipal Code Section 5-4 -13 whic h read s : MATERNITY LEAVE Pregnant employee s s hall be g ranted a maternity leave of ab s ence without pay as follows : a . Pregnant employee s s ha ll be g ranted materni ty leave of absence without pay for a period of time up to but no t exceeding four (4) week s . b. Employee s g ranted mate rni ty leave s hall ha v e the option of us ing ac crued annual l eave with pay for a ll o r any portion of sa id four - week period. (1 962 Code , 6 -7-23 ame nded Ord . No . 58 , 1 Series 1975) i s in conflict with the c urrent Title Vll of the Civil Right s Act of 1967 as amended , under Section 706 (c) of Title 7 . It r eads : (B) Di sabil ities ca u sed or contributed to by pregnancy , miscarriage , abortion , c hildbirth , and recovery therefrom, are for all job relate d purposes , temporary disabilities a nd s hould be treated as s uch under any health or tem porary di s ability ins urance or s ick lea ve plan ava ilable in conn ec tion with empl oyment. Written o r unwritten employment policie s and pr actices involving ma tter s such as the cormnencement and duration of leave , the avail ab ility of extens ions , the accrual of seniority and other benefit s and privil eges , r einstatement, and payment un de r any health or t e mporary di sability due to pregnancy or ch ildbirth on the s ame t e rm s and condition s a s they are a pplied to other t emporary disabilities • • I • ( • • • • (D) Childbearing must be considered by the employer to be a justification for a leave of absence for female employee s for a reason- able period of time , Following childbearing , and upon s ignifying their intent to return within a reasonable time, s uch female employe es shall be rein s tated to their original job or to a po s ition of like status and pay without loss of se rvice credits, s eniority or other benefits , It is our recommendation that the Municipal Code Section 5-4-13 be changed to conform to the Civil Right s Act of 1967 as amended , City Council and Englewood g overnment have proven them se lve s to be very progre ss ive and sym pathetic in all area s of human rights , We app- reciate all you do , Thank you, >f.-~D,...._ ,. -X' . ..,. -. -/:.r., . - Leioma Koestner, President Englewood Employees Association • I • • • - 0 0 I • - 0 0 I • • - --- 0 0 I • • 0 0 I . . • • - ---- 0 0 I . n - l. 1 • • • • M E MOR ANDUM TO : F ROM : City Manager McCow 1 j~j Richard S . Wan ush/ !hrector of Community Deve lo pment DATE : July 27, 1977 SUBJECT: En croachment Requ est Mr. and Mrs . K. L. Wilks , 4270 South Inca S treet, have sub- mitted a request for approval o f the e ncro achme nt of a 42- inch sp li t rail fence into public right -o f -way on the north and west sid es of their propert y . The encroachment is +/- six feet . The Wilks ' propert y is on a c orner acr oss the street t o the east from Jason Park and persons going to and fr om the park c ut across t heir lawn to the extent that it was cr e ating a ma i nt en ance problem . In order to make it ea sier t o maint a in t h e ir y a rd, th ey d e cide d to install the split rail fence and applied f or, and we re issued, a p ermi t to do so on May 9, 197 7 . They did not r e alize at t hat time that there was a distance of nine feet between the back of the sidewa lk a nd their pro per ty line ; but assum ed the right-of-way exte nded three feet back f rom t h e s idewalk. When Mr . Wilks had a few days vacation recent l y, he ins talled the fe nce three feet back f rom the back of the sidewalk. In t h e inte rim, i t was de termined that the fence would ncroach in to the right-of -way for both Sou th J ason S treet a nd Sou th Inca Stree t six feet, mor e or less, and Mr . and Mrs . Wilks we re advised that they would have to request th approva l of an encroachment agreeme nt from the City Council. The pa ving, curb and gutt r and the sidewalk which is co ntig ous wi th the curbing , have been installed on b oth South Jason Street and South Inca Str ee t . These improv ments wer e installed by the developer t o City specificatio n s and were n ot a part of a Paving Di strict . Both streets a r cons idere d "loca l streets" and there are no plans to designa te eit h e r of t h e m at a hig h e r classification. As local streets , their p rimary purpos e is to provicte access to the adjacent propert ies and there wou ld be no r eason to ass um e that e ither street would ever have t o be widened in the f u ture . Mr . and Mrs. Wilks unde rstand th at should the right -of-way be n ee ded in t h e fu tur e , they would have to relocate t h e fence to t heir proper ty line , even t hough it woul d d etract from the appeara nc e of their property . • 1 I • • - • • • City Mana ger Mc Cown July 27, 1977 Pa g e -2- • • • This matter has been referred to Dir ector of Public Works Waggoner and Director of Engineering S erv ices Die de. They have no objection to the encroachment as proposed, nor to the inst allation of the fence three feet from the back of the sidewalk. The fence wi ll not obstruct the view of motorists west bound on Sou t h Inca Street approaching South Jason Street. RW /DAR /gw • J 0 ... -.... 1. "' In I • • n • • • 0 • I . . • • In - 0 • \ • • • • U) -k p-CJez~ 3 f-" /--6a ~ _,f~ 1J ,,:l{~~(U__,. ,1i~ 1a . /'J1i-. r /fl?-<J . K ;/ wJ-RLJ • j . ., .. .. 1. I . • - >< 0 if . X '-0 1 i~ ·-· ·X X X--X I 611~r J:::,vc 1 I • i--L __ _ I ! • • • - 1/-/ -1, .C:-utLr- .(.~/ (:-7? I • • • • C . ~ ------·. ---------. ~- .J --=c~ =-~ • __ .:_._ ;,.----::::::·-..:.._i I TC1LtTi .L_j """ --. Ttr " -~~~-:--'---.. ----------o-:.· ....,.,_-... ,../""'- ""---,,,· -... ~ - ! ' .::::::,.C • ---' ~ 'l :l)';~:~ ' . ' SkY:,.( .:~ ... J ~ L-;'IILKE S , K. L .8 L J . .~---+~ f-- -,'" d--- ~· -J 11 -·· , 700 ~..;-----_1 L..-...f ·:ir1 o !$50 r~~·.·J . : . & ! . . i· . ....._____. f· "':;.I-..... .G : ~ . MV. . ' Ii l , ... __ J_ -'t '-.:..l L_J L-900 ' I ---, ----------:-----J I ~ ./ ~ ---lJ-- L·~Ou t • j4~0 ---· ,_;, 'I I ••• i I ' \~---~ -~ ·~ -..____! '-< I I I : -I --~II - ' r I . '-... ~. -' ----r . -. --.,c_ =---·: ~-c.'7 - . ---~ ' rr '· "-. '\.:--I -~ I· . 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N ew}) Addi t io n O R ep 1ac e (] A11 e r a1ion [] Repa ir O M ove O Wr e ck O -~---==· ----=----::'---====--=-===-=-=-==·---'==------'--_.:;:....:::...==.---=-=====.:==========I C L ASS OF WOR K : O\'/W:R / -·· }la·~:. /<_. /.::_:_/.1_/11 l..r:; -=~---· _ ·-·---·----A dd reSS1/J10 S .~TJjc_ft Pho ne 'J &l -t/JCi / CO NTRA C I O R N am e (as l icense d) O 11)(..'{f Li ce nse Number -----------··-----------------------------------------------4 Zi p ~dd r<:_s s __ : S°I!/ Fi E . c ,1y EoG, Co de 'g C)/ IQ Pho n e -=-·=:~.=---=--==========s==··-==c.:-===·==--==s::=::.:·=======--==============I USE OF BUILO IN G JI.J /r1E Cor . :o~XJ-~!. L o t CJ =H=e=i9'-"h=1='-=-;/;-':'=."-';=.,_=F=lc... -T-=ype .cA1 A P l(,"',,,"",=_=i_=====- sn:J~~;~io_n __ J ·-:9J E~ROPER TY-18---. -i ~~h:;~~;:iion o f Adjoin ing of Adjoining Dwelli ng ; ________ ---~--=~·-'---·--D-w_e_ll_in..:.g __ ~I I I ). P ,op. Linr Prep. Li ne i Occ u~a ncy ~ .. . Group _·.' .... ' .. ; 01.i •. ·• Type ; ... , .': .. :f • IFz'o.,ne~ Con str. . . v ---~-------1 11em Desc rip t io n o f \Vo rk - 'II _FE_N_c _E ______ s _ee_p_10_1_p_,a_n_-l ''\ _ a nd d eta il sk.otc h RE TA INING Se e plol pl an W AL L -a n d delall sketch ROOFi NG -For mate ri als se e remark s ----------------~ SIDING - OTHER ..:.. Fo r m aterials see rema rks CITY SALES AND USE TAX . -. # 3 5p;{.() Est i mate d Value --~.l'..)~_,£,e . X SC% I/JC, REMARK S ' . ' • t . __ L snoiv ·-n ~p 1--1':'V -=(l"T l J.r~r.t~fil fl~' 3% o f above Pay:zn).Jn D e /o si t fo r fi~" --(;;-f\-d+ifl-U -f-'-[-f~i.J ~ft~ ;:~.:rt) 5---7 --(To be remi tt e d /} j"-; --11. Paymcn l o f Use Tax direc t ly l o l he City ,' /] ~ /1. · .1 .-I _ I/?..-:·-,' _1· r,1L, _ unde r Englewood R e tail S al es Tax (1 License N o __ ------=--==--------=-=----=-=-------=------- NOT LS 10 A PPLICANT : Fo r insp,c l 1on s or 1nl o ,~a1,on call 761 1 140, E,:1 37~ Perm11 C-kp11 1n 120da ) s fr om d11ti isst,.;to d Jnle~s w c.-f k 1s sl ;;:ned . f"or all .... or k done under th i!. r,e1 m1 1 the p tHm1 1t&e ai:c t-pl ~ l ull r6spons,b1l it y to r compltanc~ .... ,th lt 1e En gla· .... c,oo buildlnv codei c,nd all othe r ,1pplicctble Eng le~ood or dinanc e,. JATURE O F A PLI CA NT : Code En f or ceme nt D ivision 3400 S o . Elat, Slreel CnG le ;.oo'1, C olo. 80 110 ::E 4 S 73 · 3000 • I I . / / ,7 .lHIS FOr.M IS A PEA Mll ON LY \'/HEN VA Lr OAT ED H ERE ~ • VALU ATIO N ::::7 C-d ~-==-- O F WO RK S....,....;:/=-.., • ..7"'--c"---------! Pe rm i t Fe e r::; '2~- Use Ta x D ep o srt -'7 :;s_ TOTAL FEE S S / 0 Code Enfo r cement D i v i sio n 11 /,,. Appro val _,(,: 1 · r 1 Date .5 · , · I • • • • • • lt.lTE'!-OF rJCE ·--, ........... ··-···· ,..,.._, J"1 V "-A.l't VVffl • D(PARTM(NT OF COMMUNI TY. DCV(LOl'MENT ~Nr.LE VOOD COLORA TO, D. A. R<?ma ns'. Assistant Director_-DATI: July 22, 1 t]~22 19 77 Planni ng Di v., Dept. of Corrununity Deve l opme nt ' FRO /A: SULI.JC<:T1 Kells Wa ggo ner and Gary Diede -··-.. ·-·•t I E NCROA CH MENT INTO PUB LIC RIGHT:..OF -WAY@ 4270 SOUTH INCA STREET The Public Wo rks and Engineering Departments do not object to the encroachme nt as r eq u es ted on the above-referenced property . It is ou r understanding that the fence will be l oc ated thre e (3) feet b e hind the sidewal k "along the north and we st side s o f the property. Jj_m_, t{-9 ~ . 4 / J.d! Kells Waggoner '.JO------.:'. Gary/fr.i'.ede Director of P ubli c Wo rks Di rector of Engineering Services GRD/ldo I • • • - • • ( 0 • I • • • In n - • ( • • • - COUNCIL AC TION REQUEST LIQUOR AND J .2 BEER OUTLETS APP LIC ANT: Rodney Utz and William F Gilmore dba The John 90 W Belleview TYPE OF ACTIO N REQUESTED: 3.2 Beer License Renewal-On Premise POLICE AN ~ FBI REPORTS : Enc l osed i n agenda PREV IOUS CITY COUNCIL ACT I ONS DURI NG PRIOR TWO YEARS, EXCLUD ING AN NUAL RENEWAL: None CITY ATTORNEY'S REVIEW: COMAENTS: I • • I r:, ( ~ FORM DAL 4 01 ( R EV 10/75) • • • ST A TE OF COLORADO DEPARTMENT OF REVENUE RENEWAL APPllCA TION FOR 3.2% DO NOT WR ITE IN THIS SPACE 4t 'OGtTTt .. ,,.o ..... , 0, 10C •l 1.C(..is •u1 1n , tf J•llt O )l""O 10 COt .t.00 h,l!t ..... lNI t f"lNIJt Sl a lf (Atl!OI. ANNf• 1)1) SH(II ....... N SI (Jf NVft COtO I0101 FERMENTED MAlT BEVERAGE LICENSES (GET APPROVAL Of LOCAL LICENSING AUTHORITY FIRS T) UTZ RO ON EY GILMORE WILLI AM F J OHN T H E 90 w 8 ELLV1 Ek A V E'N GLE,.000 C.G t!O ll O I CERTIFY THAT THERE AH NO CHANGES TO MY ORIGINAL APPLICATION EX CEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE . SIGNAtUlf LI QUOR EN FO RCE M ENT O FFIC ER'S ACTI O N APPROVED ~_J-{) -7,7 DA.JE / DISA PPR OVED -,.-.. -- (IF TH ER E IS A CHA NGE IN OWNERSHI P DO N OT USE THIS FO RM . USE AN ORIGI N AL APP LIC ATIO N .) IM PO RTA N T SEE INST RUCTIO NS ON THE REVE RSE SID E MANA GER'S NAME If APPLI CANT IS A CORPO RATION , Fill IN RE VE RSE SIDE NEW TRADE NAME RENEWAL APPLICATION FO R J 2% FERMENTED MALT BEVERA G E LIC ENSE FO R THE YE AR ENDING VM A((OUNI N Ulll\1£1! J~ 1 l I • 11 l I I 'f I N, 0 11 MA I IO N f AU rtfUH..CI f COVHN cir, INLIU:.I IYl'f w,1111n 0 1111 11-1J 211o1 1 10 ooa 5813 !i 012q10 TY PE NAME AND DESC RIP TION OF LICENSE J 3 .2 P ER CEN T .6 EEk RETAIL LIC ENSE Cl TY 85 PE RCENT OAP FE E 012 0 7b MAKE CHE CK OR MONEY O RDE R PAYA BLE TO THE COLO RADO DE PAR TMENT OF REVENUE . TOT Al FEE (S) • 41,:25] j . ;~-.,fol _• H.251 (The following aff,dovit to be ugned and acknowledged by 1nd i..,1 d voll ond eoch member of portne nhi ps a nd by corporotio n1) (II oppl1cot+on II for 1mpor1er'1 lic ens., +nwtr1 1tote of bv1mu1 re"dence . ------) STATE OF COLOR ADO County of } ss be1n9 by me fu ,1 duly swor n, 1f fo, h1m1elf , depo1H and 1oy11 that he is the o p p l1cont obo"' named, o, tho, he 11 that he know, the con tenh 1hereol , and tha t a ll conform to oil ru les a nd regulation, p romvlgo 1ed SU BSC ll:IB EO .A.ND SWO RN TO BEF ORE ME THI S Of . 19 ,t,II A(t1 SlAt N 01 AltY 'I.JIU( MY COMM ISSIO N u,1RE S of the obo..,e nomed cor poro11on1 lhat he ho s rea d hi, orig ina l opplicotion on, monen a nd th,n9 1 there,n ~, forth ore true of his own kno wl edge , a nd he ogrN s t( by !he DE PARTMENT O F REVENUE IN CONNE CTIO N THEREW ITH . INOI\II OU.A.lS 4ND All MEM BERS Of PARTNERSH IP OR Plt fS . O R SE CY, OF COltP. MUS T SIGN HUE, CO O OUTIO N SIG N "U( gy ("ttslOfN T 0. SfCU I Al'fJ REPORT AND APPROVAL Of LOCAL LICENSING AUTHORITY (MAN UFA CTU RER S, WHO LESA LERS . IMPOUEII S ANO ltA UROAD S DISltEG.A.ltO THIS SECTION) ~~d ::011d~ ,:::1 ;~ot;~;f ~:c1 h t;:~Se ,'J'irm;:Odnted,nd w1i:"8 me~;e,h~H!l;eo~::~r;:1~ 1 r:~:t~~,.;h 0:1 ,h:oro:~:~hb;t,odhe ondp~h:nt d e:i, .. w,t!I/O~hi mhob1tonh, ond complies w ,th the provl1lon1 a t Tl tl• 12 , Art ic le 46 . C RS 19 73 , THE REF O RE THIS APPLI CATION IS HE REBY APPR OV ED . DATED AT THIS DAY OF , A .O. 19 (NAME O F TOWN , CIT'I OR COUNTY ) BY {MA YOR O R CHA IRMA N Of BOARD OF COU NTY COMM IS SIONERS O R OTHf:R TITLE Of LIC ENSING AUT HOltl TY .) • I • • In n - ( 0 ( • • • • MEMORANDUM TO: William James, Director of Financ e FROM: DATE : Andy Mccown, City Manager July 19, 1977 SUBJECT: COUNCIL MEETING, AUGUST 1, 1977 J UL 2 J 1977 DEPlN·GOF Fi!iANCE LEWooo At last night's regular City Council meeting, the City Council approved the renewal of a 3. 2 b eer licens e for The John, located at 90 West B e lleview Avenue. However, the motion was to approved the renewal subject to a further review of the license at the August 1 Council meeting. At that time, Council wish es to review the police calls at this establishment with the own ers, and r equest that th e staff contact said owners and request their attendance at the C o uncil meeting. Please see that this is done . Police Chief Ho lm es will a lso be present at that tim e . 17~,:z~, ~tt~cCOWN City Manage r ph cc: B. V. Berardini, City Attorne y Jim Curnes, Assi stant City Manager Robert Holm e s, Police Chief • I • • n n J- / r • July 21, 1!177 Rod1141y Ut& aad William Gilmore d/b/a The Jobn !10 Waat Belleview Englewood, CO 80110 Dear Mr. Gilmore: • • • The Englewood City Council haa recommended to the State of Colorado that your 3.2 bear licanae be renewed for the upcoming year. The City Council ha• requaeted that you be preaant at the City Council meeting on August 1, 1977 at 7:30 p.m. to review the police calla made at your buaineaa. Cordially, . //,ff--C:__ ~ William D. ~ , Director of--'financa/City Clerk cc : Andy Mccown, City Manager Certified Hail No. 431691 WDJ/kv \ • I • • - ( ( • / July 21, 1977 Rodney Uta and William Gil.aore d/b/a The John 90 W..t Bellevi- lnglavood , CO 80110 Dear Kr. Uta: • • • -- Tha Englewood City Council baa rec-oded to tba State of Colorado tbat your J.2 bear licaua ba renevad for tba upcomµig year. The City Council ba• raquaated that you ba prHent at tba City Comlc:11 meeting on Au.guat 1, 1977 at 7:30 p.a. to raviav tba police calla mada at your buainaaa. cc: Andy Mccown, City Manager Certified Mail No. 431690 WDJ/kv • I • • • • • ( tf /:J.-t LS ~ d l ::;-µ!.._,~-::-f '=-1 ·.t..r _.. -' r_>/_,w1 /, I /_:;_ ./o /c_ '" 4c t// /';j f/(r 1/r U-,:.) / The John 7-8-76 Disturbance No report 7-13-76 Unwanted party No report • { 7-31-76 Bar check No report 8-15-76 Suspicious subjects Contact cards made 8-3 1-76 Disturbance Contact cards made 9-10-76 Liquor violation No report 10-10-76 DI sturbance Incident report 10-15-76 Disturbance No report 10-18-76 Disturbance No report 12-4-76 Unwanted party Custody report 1-14-77 Drug vi o lation Offense and custody Repo rts 3-4-77 Susp i cious Inc id en t Incident repo rt 3-13-77 Dr ug violation No report I • • ( 3-21-77 Disturbance Incident report • • 1 0 • 3-4-77 6-3-77 3-3-77 • • • NATURE OF CCX,,P LAINT The Joh n (co ntinu e d) . Sus p I c I o us pe r sons Disturbanc e Disturbance • DI SPO SITION I nc i de nt r e port Offen s e report No r e port l I • • - ( • • - THERE IS GENERAL AGREE MEN T PO Bo~ 1875 Enqlewood Colorado 80150 (303) 7 1 6809 M E M O R A N D U M TO : ALL MODERATORS OF CONSENSUS RE: ENGLEWOOD TRANSPORTATION AND ACCE SS -PR OJECT #2 July 27 , 1977 Ke n Leiman has accepted r esponsibili t y as Chair man of t he Transpor tatio n Co mmittee for CONSENSU S . At a mee t i n g July 1 8, 197 7 , wh i ch h e a rranged wit h Highway Dep artme nt District 6 Chief En gineer Dic k Br asher and his staff . Mr. Brasher informed u s the $13. 4 mil l io n previously au t ho riz ed by t he Highwa y Co mmission i s n ow being spent t o acqu ire Santa Fe Dr ive r ight-of-way n ort h of Yale ex t ending t o Fl o r ida . The Highway Commiss i o n has autho rized ~1 .4 millio n fo r planning and enginee ring on Santa Fe Dr ive. It i s con templa t ed t he initial work wi ll begin f r om Church Street north t o Un ion, b ecau se t he concerned l ocal governmen t s of Li tt le t on, She r idan and Englewoo d have n o t p r ovided the Highway Department with decisions necessar y for iroprovements no rth of Un i o n. Mr. Br ash er p r ovided us with t he enclosed map show ing proposed "Initial Substitute Pr ojec ts" (for 1-4 70 ). This includes interchanges pre sen tly pr ojec ted a t Mi ss issippi, Dar tm outh , Hampd en, Oxfo r d, Bel leview, Bowl es a nd Jackass Hill Roa d . We a re also a dv ised by Bras he r that t he Cit y of Lit tleto n has formall y reques ted use of Subs titu t e Pr oject Fu nds t o dep r ess t he Santa Fe and Rio Grande main line tracks throu gh Li ttleton f r om Belleview sou t h beyond Church St r eet, and t o co nstru ct rail r oad g r ad e separations a t Belleview , Li ttleto n Bou l evard and south of Chu r ch Str eet . CONSENSUS contributed subst an tial l y towards ob t a ining the Depar t me nt of Transpo rt a tion's approval fo r u se of Transfer Fu nds for relocating the rail- road tracks t h roug h Littlet on . CONS EN SUS also initiated a nd f unded engin eer- ing feasibi lity s t ud ies fo r such r a ilr oad reloca tions . These s t udies indica t ed i t was more prac t ical t o reloca t e t he a lignment o f t h e tracks along t he media n s tr ip of an improved Sa nta Fe Drive. This was principally because both r ail- roads oppose any inte r fe ren c e wit h co nt inuous op eration of their existing ma in line t rac ks t h r o u gh Li tt leton . Th is n ew alignment a lso eliminates man y prob- lems t ha t will be incu rr ed i n solving drainage, grades, spur l ine connec t i o ns, e t c . Such a r e loca t ion must be app roved by t he San t a Fe, Rio Gr ande , Burlington No rt hern a nd other connecting railroad s that use these lines b efore any sub- s tantial engineering expenses are j ustified for Santa Fe improvements thr ough • I • • ( • Page 2 Memo to Modera tors of CONSEN SU S July 27, 1977 • • - Little t on . The Santa Fe alignment appea rs more feasible sinc e it can proceed while providing uninterru pted , continuous service on the main line tr acks. Engineering on th is can proceed now b ecause t he railroads approval is assured. At its sole initiation and expense, CONSENSUS was instrumental in resolv- ing the Ad Hoc Commissio n dead l ock o n I-470 in favor of building Subs t itu t e Projects. This resu lt ed in approximately $100,000 ,000 of Federal-Aid Highway Funds being made available fo r Santa Fe imp r ovem ents, provided Colorado Highway Commissio n 20% mat ching funds ca n be made available. Although Sa nta Fe im- provement funds were made possible withou t support from Littleton, we are pleased Li ttleton will have the opportuni t y of using these funds for solving its Il l priority --solving cross··town traffic problems caused by the railroad tracks cutting their Cit y in half. The Moderat ors of CO NSENSUS are convinced a loss of all Santa Fe improve- ment funds may result f rom yea r s of delay in ob taining railr oad approvals fo r l owering their main l ine s unclP1 ·g round. CONSENSUS urges the option be maintained for reloca ting the main lines along the improved Santa Fe alignment. Of more u r gent importance t o Englewood a re the decisions necessary before plans can beg in on the major interchange at Santa Fe and Hampden. Funds have now been made available by t he Highway Commission for prelim- inary planning and engineering on the Santa Fe improvements. However, no wo rk can commence o n t he Sa nta Fe-Hampden interchange until Englewood advises the Highway Commissi on if the plans should be based on maintaining the present al ignment of Hampden Avenue between Broadway and Santa Fe, or if Englewood prefers a one-way couplet using Hampden and Ithaca, o r s ome o ther eas tbound street. (Alternatively, Englewood may want to consider an elevated highway s imilar to I-70 alo ng West 46th Aven ue or a tunnel under the existing Hampden alignment if either are feasib le). CO NSENSUS has consistently rec omm ended t ha t the Englewood City Council approve the pa r alle l coupl e t proposed between Sa nta Fe and Broad way, whic h uses Hampde n t o carry wes tb ou nd traffic and I t haca for eastbound traffic . Such a o ne-way couplet, as well as related improvements on the present Broadwa y-Hampden interchange, will eventually need to be funded. Englewood may request funds for thes e improvements f r om any unallocated Sub stitute Projec t Funds that may become available. However, it is not n ece ssar y for the Cit y to have formal assurance of such fundi ng pr i o r to making th ~ required policy decision in favor of the parall el couplet to handle traffic between Santa Fe and Broadway. The Highway Depa rtment will a l so r equire approvals from the City of Sheridan befo re detailed planning and engineering can begin for the Sa nt a Fe-Hamp den interc ha nge. CO NS ENSUS has commi tt ed i tself to provide sufficiently detailed engineering pla ns a nd possible r oad alignments nece ssa ry for Sheridan to con- sider the design for the Santa Fe-Hampden interchange. • I • • - • ( • Page 3 Memo to !o dera to r s of CONSENSUS July 27 , 1 977 • • • Th e City and Co unty of Denv er, DRCOG , RTD and others have expressed their concern that Sa nta Fe not be made so a ttrac tive for auto traffic that there is no n eed f o r an RTD mass transi t co rrid or along Santa Fe Drive. Because of this, Santa Fe canno t be desig nated as a "limi ted access highway" or "freeway". The CO NS ENSUS Tran sportation Commi ttee has recommended, and the Moderators have agreed, that all lef t -turn cu rb cuts n eed to be eliminated between Santa Fe Drive in t erchanges t o reduce accidents and permit traffic to move more freely o n Sant a Fe Driv e. The ref o re, CONSENSUS recommends that commencing with Hampden extending south to Be lleview, that all local governments support acquisition by the Highway Depa rtment of sufficient right-of-way west of Santa Fe for a 4-lane s ervice road and d eceleration l a ne f rom Santa Fe plus the 48-foot wide right-of-way required fo r a RTD co rridor. It is also recommended that the ser vic e road pass under Hampd en Avenue at the Hampden-Santa Fe interchange and connec t into Platte River Drive extending t o the nartmouth-Santa Fe interchange. The Highway Department will need t o acquire access rights from property owners presently frontin g on Sa nta Fe and make provisions for a c cess from Platte River Drive for these properties. Such a ccess will permit the highest and best use fo r the ultimate developme nt of these properties between Hampden and Dartmouth f ronting on Santa Fe and Platl ~ River Drive. A new low bridge across the Pla tte will be required sout h of Ha mpde n t o make a service road and access av aila ble t o Sheridan fo r t he development of properties south of Hampden and to prevent Sheridan from being divided without access across Hampden Avenue. Th e assistance of DRCOG has been requested to prepare preliminary feasi- bilit y studie s for the Sheridan service road along Hampden and Santa Fe extend- ing south t o Belleview. CONSENSUS will continue to follow up with all concerned local governments and agencies concerned with highway planning to assist in ob- t a ining the decisions necessary to a ssure the Santa Fe Substitute Projects may proceed to comp letion at the earliest possible dates. CONSENSUS Lawr ence J, Nowacki LJ N:jc Encl osu re • I • • r--------- 1 ' I ' I ' I I • • - ------·--------------·~ I ' I ' ----+--+----,,,gJ----*F=~~--""""""t--~--t---t---"l:n 1101111111111111~ 4 LANE ! ~ ~ [] ! LAKEWOOD " i ~--'!i~.....,.----t'""---'-'----+---~IIJ+-~~ IN TERCHANGE WITH ! ~ "' RR GRADE SE PARATION I I ~~~ I Q J/14177 • I I I I I ' I I I I -~ I ' • • - \ • • • • COUNCILMAN SOVERN MOVED THAT CITY COUNCIL INSTRUCT THE CITY STAFF TO CONTACT THE APPROPRIATE PEOPLE IN REGARDS TO THE SANTA FE JOINT DEVELOPMENT PROJECT 'S STATEMENT OF WORK THAT WAS PRESENTED TONIGHT AND THAT THEY BE REQUESTED TO CONSIDER THE LIKELY EVENT THAT ENGLEWOOD WILL BE USING A ONE WAY COUPLET AT THE INTERCHANGE OF SANTA FE AND HAMPDEN AND THAT WE WILL TRY TO GIVE THEM A DEFINITIVE ANSWER ON AUGUST 16, 1977; AND THEN IN THE MEANTIME OUR STAFF BE INSTRUCTED TO CONTACT THE STATE HIGHW~Y DEPARTMENT AND USE WHATEVER OTHER RESOURCES ARE AVAILABLE INCLUDING ORCOG, RTO, ANO OTHERS, CONCERNING THE POTENTIAL SOLUTIONS TO THE HAMPDEN PROBLEM AND WHICH IN THOSE AGENCY 'S BEST ESTIMATION WHICH SOLUTION WOULD BEST FIT THE LONG TERM NEEDS OF THE COMJNITY. Sll1th Seconded ·--- I . . l""'I ( • • • MfNUTCS COU NCIL MEETrNG WEDNESDAY , JUNE 15 , 1977 DENVCR RE G IONA L COUNCIL OF GOVER NMENTS Present: Don D e Decke r, C hairm an Charl es Bra n sford John G . Ca mp be ll Robe rt F . C le me nt Willia m Cobe rn Harold V. Cook Doris Durdy Tom Egg e r Jo hn Ha rrl1n Rube n Jl a rtm ciste r Ha r old T . Hodg es George Hovo r ka Ma rg arc Markey Jam es J . Nolan o rman A. S mith Bra d S c llin g D o ug Sovern Lu E Il a T e rry W illiam Thornton Arthur Tice Robert G . Tre nka Alfred Vitt Al so Presen t : C ity o f Lake w ood City of La fay e tt e Ada ms County J e ffe rs o n Cou nty C ity o f Au ror a C ity and County o f Denver C ity of Brighton Arapahoe County Town of Cas tle Rock C ity o f Golden C ity of Northg l enn City of Westm i ns t er Bou ld e r County C i y a nd Cou nty ri f Denve r C ity o f Br oomfi e ld City of Little ton City o f En g l e wood C ity of G l e nda l e Town o f Bow Ma r C ity of Fe dera l He ights C 1ty of Bo u lder C ity of G r ee nwood Villag e A. G ri rdo n Ap p e ll, D e nver Plann ing Office ; Jo hn M orehead , The Denver Pos ; Dick Thomas, D e nve r Public W o r ks ; Tom Tighe , C AC C hairm an (DRC OG); How ard Revie , C AC ; Ron T h o r stad , Re giona l Transporta tio n District; Ka t hye Thomas, Li tle t -:rn Sentin e l; A . Joe Madonna, Bould e r C ounty Spe cial Stud i es; Dick Lu n dah l, No rthglenn; Tho ma s Q . Be ns o n, DRCOG Attorne y ; Ray M cNe il, M e tro Sewage Distri ct; Al Salazar, Littl e t o n ; a nd various me mbe rs of th e DRCOG Staff . C hairma n D eDe cke r ca lle d th e mee ting to order at 7:3 5 p .m. Roll w a s called a nd a quor u m d ec l a r e d pre sent. • ) I • • In "" n - ( ( • • • COUNCIL MINUTES JU NE 15, 19 77 Page three Re port o f Committee s . Program Committe e . Chairman No lan r e ported o n th e w o ite ms that the committee ha r been concentrating o n o v e r the past severa l month s . The 208 C le -,n v\ate r Plan and the Regi o nal G ·owth and u e velop- ment Po licies . Disc u ssions on those two ite ms w e r e c o mpl e ted t oday and within another month or s o a draft will be pr e sen ed t o Co un c il for its re vie w on the Re giona 1 D e v e l opme nt Plan. The 208 C l ea n Water Plan will be di sc uss e d ln detail late r. Wate r Task Force . C hairm a n Smith s tated that Cou ncil has received copies of the fo o thill s Po sitio n Statement which was c o mplete d by th e W a t e r Task J'orce at its meeting a w eek ago . The pos iti o n paper s trongly support s imm e diate cons tru ction of the Foothi lls wate r treatment facility . It states that construction could b e gin soon with some he lp from fede ra l agencies and the Co lorado Con- gres s iona 1 De l e gati o n. This St a t em e nt was pre s e nt e d to Council for adopti o n at this me e ting. Council o n motion by Mr. Nolan , support e d by Mr . Hodges , moved for adoption o f th e Foothills Positi o n Sta tem e nt as presented. Mr . Vitt s u gges t ed that th e i nformatio n on Page 8 of th e stateme nt c o ncerning what "the Co uncil b e lieves " b e put in t he front of th e state ment s o that it w o uld r ece ive the att ention it deserves . Roman Numera l VI "Council Believes" s hould b e come Roman Nume ral I and th e rest be move d back a ccordingly. Council agreed . Ques tion was ca lled on th e motion adopting the Po s ition State me nt. Motion carrie d unanimously. C itlz e ns Advisory Committee, Thomas Tighe, III, Chairman of the Citizens Advis ory Committee presented a resolution from the committ ee supporting C ouncil's adoption of the 208 Clean Water P lan. • I • • n n -• • - COUNCIL Mr 'UTJ:G JUNE 15, 197 / Page four A Re .olution on l oss i l.Jle Relocation of Military lnst;illuti_!l§_L_n ! P. r .!: Metropolitan 1\Jc.,i. At it· J 1 e 1 meeting, Program Committc. un-:inirnou.,Jy rc.comr1Pnd ti fov ,,~LIE action by Council on th0 uttach,0 d Rusolut10n. T'u. 1usc,lut10n was orlyin,l!y request, ·l by John C . C'u mpbdl, Adams County , tor Council .:inc,ptt0n. 1'1, Resolution supports mi itary in sta llutl ons in the regi on ard urq.,s thcJt -1r-y future federal action to relocate facilitie s consid r ~he r C"rinomic impact of the actir,n. Council on mot10n by Mayor Thornton, ·uppnrterl b, Mr. Hodges , moved for adoptl0n "f I ~ R,solut i •,1 No. 14, 1977,ARes,luti nConcern!ngthePossib.:'._ Relocation of Military Ins ta l l<itirns in h,• Denver Metropolitan Area. After consider bl d is cussion by Council on hew, rdinq tn thP Resolution and its implications, Council took the following ac ion . Questi ,n w:1s ca ll ed on the motion to adopt thP Resolution as sta ted above and the motion carriL•d with MAssrs. Hardin, Vit , flnrnsford, Nol n, and Sm ith; ,rnd Mrs . M rkPy and Durdy voting no. (A signed cory of Resolution No. 14, 1977, is attached t o and made a part of the file copy of these minut0s .) Several of the Council members indicated that they were no vo ing <iga It 1st the Resolution b eca use they d id n ot think lt was an 1mpr,rtant issue , but that the resolution did not addr ess what they felt the concern s were r r should bf'. Transportation for the Elderly & Handlcapped -Recommended 16 (blli · k_c ,;;_. At its June 1, meeting, Program Committee unanimously recommPndPd f ,vornble action by Council :m the ttach,->d Resol ution est blish lnq priorities for the Elderly and Handicapped involving S 247,743 in federal funds. Council on motion by Mr. Jolan, suppnrtPd Lv Mr. Tice, moved fo radopion of theR,,solution o . JS, 1977, A Res ol u i on Establishing Priori 1es and Amending the 1977-81 Tr an,prrta 1cn Imnr,wement I rogram for Projects !9.Jmprove Mc,bility of the EldN!y and H:rndicapped 16 (b) (2) Program. Mo ion ca m ed unanimously. {A s i gner! co y of Resolution No. 15, 1977, i attached to and made a part of th e flle> copy of thesP minutf's.) • I • • ( ( • • ,· • COUNCIL MINUTE S JUN E 15 , 1977 Pag e fiv e Approval o f th 19 78 C r iminal Ju s tice P lan for Re gio n llI . At it s June I , mee ting Prog ram Committee una nim ous ly r ecom me nd e d favorab l e ac tion by Counc il on a Reso lutio n adopting th e Reg i o n III Component of the State Plan . Th e Plan , which exc ludes De n ve r, lis t s proj ec t s which wil l r eceive prio rity for LE M fu nds for l S 78. Forty-fi ve pro gram ;; are in clud e d for fu nding , inc l uding seve n continu ing projec t s a nd 38 n e w o n es . Council o n mot io n b y M r . N o l an, s upported b y Mr. Co b e rn, una n im o usly ado pted Reso lution N o . 16, 1977 , A Resolution Submitting th e Program Funding Po rtion o f th e 19 78 C riminal Justice Plan t o th e Col orado Divi sion o f C rimina 1 Tu s tice Planning for Incorpo r a tio n as th e No n-De nve r Re gion III Compo nent o f t he S t a t e wid e Plan fo r C rimina l Justice . (A s i gne d copy of R soil, i o n No . 16 , 1977, i s att ac h ed t o and mad e a part of t h e f il e copy o f these min utes .) Am end me nt t o t h e Tran s po rt ti o n Improve me nt Program . Mr. No la n stated th a t t he Program C ommittee r evi e w ed this program a nd r es olutio n today and recom me nd e d Council adoptio n with o n e a me ndment adding o n e backu p proj e c t i n Adams Co unty for approx imate ly $125,000 . Be cau se thi s proj ec t was b e ing suggested as a backu p proj e ct and did not have any conflict with a ny a l ready establi shed backu p projects the Program Committee fe lt t he amendmen t w o uld b e ag reeable t o the Urba n Systems C o mmitte e wit hou t ha ving t o se nd the proposed am P ndm e nt back to th e committee for r evi e w. Co unc il on moti o n by Mr . Nolan, su p port e d by Mayor Tho rnton, mov e d for a d o ption o f th e Reso l ution No . 17, 1977 , A Re soluti o n to Am end the 1977-81 Transportation Improvement Program . Council o n motio n by M r. No l a n, su pport ed by Mr . Co bern, moved t o a me nd the p rogram o n Page 10 to include 70th - 13 r oadw y to Ki dder in Adams Co unty for approximate ly $1 2 0 1 000 s a 1st b a ckup pro je c t fo r 1978 . Motio n carri ed unanimous ly . Co unc il on moti o n by Mr. C l e ment, supported b y Mr . Cobern, moved to a me nd the program on Page 10 t o include another (as a 2n d backup proj e ct) backup project for 1978 o n Pa g e 10 for 144th & MacIntyre i n Je ffe rson C ounty for approximately $125 ,000. Motion ca rrie d with Mr. Smith voting no . • I • • - \ • • - Que t1on \ s c JI, <i , m t1on dopti ng the R,-.solution nd Pr qrci•n 1s H'l nd 1bovl' ,1nd th, motion carrind un 111fmously . (A siqn, ,i ropy 'if H s iluti on No . 17 197 7 , t s attachNl to and made a piirt of th £' file copy 0 f th esr> minute s .) 1978 Part icipating Member ship Dues Alloc a tion. C hairman DeDecke r state d th ,1t the Executlve Corn mittPP unanimously appr ov d the attached Dues Struc ture tits June l meet ing after a l e ngthy r e vi PW 1n i discussion of th e various alternatives and felt th1t the propo se d s tructuri would propose a balanced allocation to h P total membership dues betwe,..n the cities and th e counties. Mr. Farley noted a coup le of s i gnific ant poin ts with regard to this action by the Exe c utive Committee . The ra i s ing of th o minimum s in 1978 fr om th e c urre nt S 100 to a minimum of $200, except for those communities within 10 miles of the De nver City llmits wh e r e the minimum wa s rais ed to $400 . The $400 minimum will afkct o nly two communities, Bow Mar and Morri son. Also, the o th er effect 1s to b e gin t o shift some o th" financial responsibility fr o m the co untie s who pay 75 % to the cities who pay 25 % over.; three -yC':ir period from 1979-81. In 1981 th e census c ou nt will be a vaila b l e and th;it w o uld n ecess itate re-doing the fo rmulas . H e sta ed that th e figures af r>r l 78 are by exa mple o nly for the individua l Jurisdictions. An increase or decre,1 se in th e assessed valuation o r p o pulatio n would ause individual assessm0nt~· on th e total of $420,000 to go up or down. The othe r l s that th e tota I du e s ]location to b e l1w i ed may increase or decre ase in the years 79-81 which would cau se individua l figures t o be larg er or smaller. Proposed Am endment t o h e DRCOG Articles of As soc iation. Mr . Farl ey state d th at thi s am,,ndmcnt to the /\rtic l es was a r es ult o f th P Execut ive Committee's d iscu s si o n of the dues structure. The amendm Pn t s i mply a llow s more municipal repr ese ntati on o n the Ex e utive Co mmittee based on th e fact that th e municlpali 1cs will be picking up a larger portion of thr> dues allocation. The amendment would ex pand the Executive Committee me mbPr · 1p from 6 to 8 by adding the Vice-Cha i r man and Secretary-Treasurer ,f the C. 1c.ll to the current m mb c rshi p In a ccorda nce with the Artic les o f As socia tion, this amendment is prP scnted to Council for information at this meet ing . rina I action wi 11 be r ques ed ,1 t the July Co uncil me e ting. The amendmen t will be effective upo n a Jo •J • .iy th e Council. • I • • n - ( ( \ \_ • • - COU N CIL MINUTES JUNE 15 , 1977 Page seven Adoption of th e 208 C l ean W ater Plan . C hairma n DeDecker stated that thi s ac ion t o adopt the Plan requires a n affirmative ma j o rity of the Counci l me mber s hip. A majority o f th e total Coucil members hip i s 20 members. Because th ere were o nly 19 member s present, the Cha irman exerci sed his p r e rogative in accordance with th e Artic l es of Associatio n t o direct tha t a Mail Ballot be taken o f the Participating Member ship on adoption of th e 208 C l ean W a t e r Plan. Co uncil reviewed the Program Committee 's reco mmenda tio n s a nd discussed the i ss u es in deta il. Mr . Pampu r em inded Coun cil that i w o uld be c o n s id e ring ado ption of the Plan as modified . A Public Hearing was he ld pri o r t o the May 18, 1977 Council meeting at whi ch time t es timony was heard fr o m those w i s hing t o co mm e nt o n the Plan . A summary of that testimony was ma iled to Coun c il. Progr a m Committee spe nt two me et ings d i sru~s ing these comme nt s a n d con ce rn s a n d completed it s de libe rati o n s o n the 12 major issues at its meeti ng thi s date a nd re c omm e nd ed Co uncil action on the 208 Plan subject t o certain modifi ca tions to the Pla n . With r espec t t o thes e 12 points , Mr . Pampu r e vie w ed eac h i tem with Council and not ed th e Prog ram Committee 's recomme nd at i o n o n eac h ite m. Co uncil on motion by Mr . S t e lling , s up ported by Mr . C le ment , moved t hat th e South Pl a tte River from Eng l ewood/Littleton Wate r Trea tm ent Pl a nt should b e c l J ssifi ed as e qu iva l e nt of the s e condary contact r ecreation , ag ricu lture a nd w ild life; and that Counc il postpone upgrad i ng the s trenm until th e 20 1 Study i s compl e ted . Motio n carri ed unan i mous ly. Co unc il on motion by Mrs. Markey, supported by Mr. Trcnka , moved to amend the 208 Plan r ecomme ndations to designate Boulder County as th e 208 Planning Agency for Bo ulder County . The proposed amendm e nt failed with 4 affirmative votes and 17 nega tive votes cast. In respons e to a question, it w as noted that th e proposed P lan n nticipates a regular r eview a nd amendment cycle . Council's adopted Plan Am e ndment Cyc l e will pertain t o this Plan. C hairman DeDecker urg ed Council me mber s to return the Mail Ballots to staff as soon as possible beca u se the 208 Plan , if adopted, must b e transmitted t o th e Sta t e Water Qua lity Control Commission befor e July 2 1, 1977 . He not ed that th e Ba llot would b e i n the mail by Friday , June 17, 19 77. Mr. Farley • I • • ( • COUNCIL MINUTES JUNE 15, 1977 Page e ight • • • n o ted that with the Balle , staff would be sending out the Resolution which udopts the Plan; along w1th a s ummary of the responses t o the concerns as address ed by both the Program Committe e and the Council nd any changes to it. All c omments a n d changes and/or revisions acted on by the Program Comm ittee and Council will be sent t o Council w ith the Mail Ballot. Re port of the Executive Director. Mr . Farley distrib uted a schedu le of meetings planned over the next thre e months. Meeti ng s for the W ater Task Force and Ad Hoc Committee on M e tropolitan Structure are tent ative a t this point . Approximate ly 2 1 policy and sta ff members met this date t o begin to plan suggc:stions for ho lding t he NARC Conference in Denve r , M ay 6-10, 1 78. Some excelJ,,,nt sugg e stio n s were rece i ved. A me mo w as distributed t o Cou n c il summarizing the Loca l Public Works Empl oyment Program and the second round of funding recently authorized by Congress. Mr. Farley d i stribut ed "An Approac h t o Regio na l Services" a nd a me mo d i scussing some perspectives on r e gionalism, DRCOG and Proposa ls for Institutiona I Change. All Council mem b e r s are e ncou rage d to a tte nd th e meetings o f the Ad Hoc Committee o n M e t ro po lita n Structure wh e r e these ite ms will be discussed. Ca l e n da r o f Policy Issues . C oun c il no t ed the Ca le nda r o f pend ing is s ues an d programs. Adjournment. There being no f u rther business , t h e meeting ad jou rned at 9:45 p.m. ATTEST: Robert D. Farley Execu tive Director Don DeDecker , Chairm an Denver Regional Council of Governmen t , • I • • In . 1,.., - r ( ( PRESENT : ABSENT : • • - MINUIE BOARD OF CAREER SERVICE CDMMISSICNERS 'IlilJR3D.l\Y, JUNE lb, 1977 Judith B. Henning , JoEllen Turner , William Han s on , Robert Brundal?,l:! an d Ed White None O'IliERS PffiSENT: Hugh H. Brown , Leioma Koestner and Ri chard Edison * * * Corrmissioner Henning called the rreeting to order. She asked if there were any additi ons o r correcti ons to the Minutes o f the May 19 , 1977 meeting. CDMMISSIONER BRUNDAGE MJVED AND COMMISS ICl'JER WKI'IE SECONIED TO Al'£ND THE MINUI'ES AS FOLLO../S: TO STRIKE THE WORDS "TO PERSIST ' ClJ PAGE 1 4 , PARAGRAPH 1 , THE LAST SEi\J'IENCE WHICH !'£ADS , "HE STA'lED THAT HE GOT THE FEE UNG 'l'HAT WORKING FOR THE CITY WAS.~ IT VERY HEAL'lliY TO PERSIST. II Ayes : Henning , Turner , Hanson , Brundal?,l:!, White Nays : None 'lHE MJTION CARRlliD . * * * Leioma Koestner , President of the En glewood Enployee 's Associat ion , announced that the Annual Enployee 's Association picnic will be held on Saturday , July 9 , 1977 at 10 :00 a .m. in Bear Creek Park . Sh e invited all Bo ard members and their families to attend . Richard Edison was in attendance representing the Englewood Firefigt"lter ' s Associa-· tion . The Englewood Police Bene fit As s ociation was not rep resented . * * * Personnel Director 's Choice -Mr . Brown advised the Board that the title of Personnel Director was changed oy Council to Errployee Felations Director , since Andy McCo..m , City Manager , felt the title covers the responsibilities of the job rrore fully; the duties will remain the sarre . 'lhe City hopes to have a new Errployee Relations Director hired by the first part o f August . Regarding Ben chmark Mr . Brown stated that he would like to send a letter t o the enployees stating that the Board has studied the plan and approved Benchmark as the Classification Plan for the City . In order to inplement that , Mr . Brown would like to use the sarre questirnnaire that was sent to the enployees asking them if t hey have any changes or airendments to what they previously reported , pointing out to the enployee t at an accurate account of their job is the most irrportant thing . • D I • • - career Service Board Minutes June ll>, 1977 Page 2 • • • Mr . Brown stated that this is as far as he would like to go before the hiring of the new Erl1:>loyee Relations Director , so that the new Director can have a part in selecting the errployee comn:l.ttee to evaluate the ques tionnaires . Chairperson Henning stated that she felt that this process by -passes the step that the Board discussed with the errployees of having open orientati on sessions f o r the errployees prior to the tirre that they would fi ll out the questionnaires , walking tnem througti the process a little bit s o they understood the ultimate use o f the questionnaires . She stated that she was reluctant t o by -p ass this process , and felt that they soould schedule t wo or three sessirns prior t o the questionnaires going out . Mr . Brown stated that he did not rrean to exclude this step , and he wanted t o arr ange open meetings on City tirre t o explain the procedure and leave it open to questions by the errployees . Mr . Bro.m stated t hat he would like to work with the associations both in organizing and presenting these sessions . Chairperson Henning indicated that this was fine in that it would furnish the e rrp loyees with the opportunity to find out about the system. Comn:l.ssioner Brundage sated that he fe lt the errployees should have a rather detailed explanation o f the point system , and indicated that until Mr . Oliver explained the system, it was extrerrely difficult to understand . Chairpersrn Henning asked Mr . Bro..m to advise the Board when the errployee study sessions are sched ed so that they can attend if they are a vailable in order to get employee fee back regarding this . Mr . Brown indicate that he would advise them o f the same . * * * Commis sioner's Choice -Comn:l.ssioner Brundage re f erred to the letter o f Attorney Criswell regarding the termination of Francella Montoya . Mr . Bro.m indicated that he had some correspondence with Mr . Criswell . He indicated that after Ms . 1-'bntoya 's termination he received the letter from Mr. Criswell challeng- ing her tennination . Mr. Bro.m sent Mr . Criswell a letter indicating that Ms . l•bntoya was a part-tirre errployee not under Career Service . Mr . Criswell wro te a letter back stating that he did not understand it and did not essentially agree with it . Mr . Bro.m stated t hat Ms . J\bntoya 's position was started in 1975 as a part-tirre/half- tirre position in Perscnnel to oeal with Career Service matters and the increasing load o f work. Shortly t he reafter the City went into the insurance business and they felt that the need was apparent for a half-tirre person to handle the work l oad coming througti the office. Personnel had the option o f having two part-tirre people ; the insurance fund was pay ing for its own on a half-tirre basis . • I • • ( ( • Career Servi ce Board Min ut es June ~ 1977 Page 3 • • - The re was a half-tirre person in Personnel at t hat time , and the person asked if she could wo rk b oth jobs; jo1.ning two ·part-time pos i i on s . The Perscnnel Director agreed t o that . She was not the regular classi fie d errployee , but because of the time put in she did qualify f or various benefits. She was paid at the regular rate but did not qualify for the pension program. At a later date she had an opportunity to t ake a full-tirre po sition with the City in the Finance Department and she took it . When 11,. f>tlntoya applied f or the vacant positions she was told the arrangerent the City had with the previous girl , and agreed t o the same arrangerent . She worked very well from June through Decerner, whe n she ePt an excellent rating f'rom the Pe rsonnel Di re ctor and received a raise . 'Ihen unfortunately everything went do..m hi ll with her. She developed a very bad attitude as far as working wi th other e rrpl oyees and people coming into the office . She handled insurance calls from e rrp loyees and applications for errployment and the Personnel Di rector rece ived corrpla1nts regarding her abruptness in handling these matters , and f elt he could not put up with it . 'Ihe s ituation continued to get worse; she was not able to get along with Karen when she assuned Brenda's position. Mr . Brown stated that he was involved in the situation when he came into the o ffi ce . 'Ihey tried to work thine;; out by changing responsibilities and duties , but things didn 't change . 11,. J'Vbntoya had an acci dent and was at the therapist for treatrrent alm:>st daily . After two m::)nths o f this she was asked to change her therapy sessions t o nights , but s)1e was unwilling to work out anything with her doctor. She got very abrupt with Mr . I.orig and they got into a big name-calling session . She was unwilling to adjust her attitude or work habits and Mr . I.orig gave her her dismis sal notice. 11,. M:mtoya understood that she did not fall under Career Service and for her t o appeal on that basis was a surprise to all. 'Ihe position has not been filled ; partly in case there is a question 1n the Board 's mind where we stand and partly because the decision has not been made whether to fill it with one person or two . At the present tire Personnel has been operating with Kelly Girls on a part-tirre basis. Co rrrnissioner White suggested that 1n the future all part-time e p loyees si@'l a waive r s o that the City wo uld have protection against this happening again . Mr . Bro..m stated that the City has never considered part-time errployees as a permanent errployee un d er the Career Se rvice Board . Chairpersm Henning asked if we need a legal q:,inion f'rom the City Attorney on this matter . Mr . Bro..m indicated that the Coae does ' t refer to it , as it hasn 't care up 1n the past . Corrrnissioner Brundage referred to the Perscnnel Action dated Decerner 8, 1976 rren t ioned in Mr . Criswell 's letter changing 11,. J'Vbntoya 's status from probat i onary to permanent . • I • • • • - Career Service Board Minutes June J6, 1977 Page 4 Mr . Brc,.,m indicated that it has no technical bearing , as an exerrpt person is on probationary status forever . It was rrostly zreant to indicate that after six rronths there might be a raise or a pat on the back where they went from probationary to permanent. He indicated that a secretary was just hired in the Library and that was the first tizre he had come across it . He stated that it is not a legal thing, but when they changed from a six-llDl1th to one-year probationary period , it was a way o f telling an exerrpt errployee that they had done a good job . This is what happened to M,. M::intoya , she got a six-oonth written evaluation frorn her departmen t head which collJ!Ended her and gave her a raise . He indicated that unfortunately there was an error on the personnel action that was sent out terminating M3 . Montoya since it excluded the fact that she was an "exerrpt " enployee . However , the correction was made and the corrected personnel action has been made a p art of her file . * * * Chairperson Henning asked 1f Mr. Bro.,m replied to the City Council 's letter t o the Board on vertical proootions . Mr . Bro.-m indicated that the matter had been discussed at a previous meeting, but he wasn 't aware of any defini te decision as to how t o handle tre matter . Chairperson Henning asked Mr . Brown to send a meoo to City Council along with a copy of the Minutes which were sent to Career Service from the previous meeting discussing lateral proootions. Mr. Bro.-m went on to explain vertical proootions to the Board , explaining that the City presently has 13 grades with six steps in each grade . Under the present system if an errployee is at the E step in one grade and gets prorroted t o a position at a grade higher. 'Ihe City would like t o have the opticn available of going to the same aioount in the higher grade , or something sligtitly above ; the rninL11U111 being a 10% increase. Leioma Koestner , President of the Englewood Errployee 's Association, stated that when an errployee is going up a couple of steps that errployee is carrying all his prior knowledge with him . She indicated that the Municipal Code does state that an errployee with the City should have preference over others hired from outside the City . She felt it would be deooralizing to go do.m in light of a person's experience with the City . * * * Approval of Eligibilit y Lists -ChairpersonHenn:1ng read the f ollOwing Eligibility Lists f or approval of the Board: 1. Clerk-Typist (Wastewater) 2 . Draftsman/Inspector (Utilities) 3. Lia.itenant (Police) 4. Maintenanceworker (Public Works) 5 . Leadwo rker (Public Works) 6. Chief Code Enforcement Officer (Code Enforcement ) 7 . Water Plant Operator (Utilities) 8. Jr. Account Clerk (Finance) 9. Mechanic 's Helper (Public Works ) 10. Laboratory Technician (Utilities) • I • • ( u ( • • • Career Service Board Minutes June 11,, 1977 p~ 5 (X)tifflSSICM:R WHI'IE M)VED AND COMMISSIONER HANSON SE(X)NIED 'IQ APPROVE THE ELIGIBILITY' LIS'IS AS ffiAD . Ayes : Henning , Turner, Hanson, Brundage and White eys: None 'IHE MJTICN CARRIED . * * * Comnissioner White indicated that he would like to see Judith Henning's title changed fran Oia1rman to Chai!i)erson . Chai!i)erson Henning agreed and requested that the change be rra.cle . * * * Approval of the positicns vacant -Chairperson Henning read the following vacancies to be approved by the Board: 1. Wastewater Treatirent Plant a . Chief Operator ( 1) b . Plant Operator (1) c. Chief ~chanic (1) 2 . Utilities a. Inspectorl'I'roubleshooter ( 1) 3-Finance a. Jr . Accountant (1) 4 . Conmmity Developirent a . Rehabilitation Technician (1) Comnissioner Brundage asked what was happening on the Jr . Accountant position . Mr . Brown indicated that we readvertised the position and will be testing tOITDITCM fbr that position . He stated that the individual who contested the procedure at the last ireeting for that position has reapplied and will be tested with the others , and an eligibility will be formulated. COMMISSICNER WHI'IE M)VED AND C0J'1'1[[SSICNER TURIBR SECOO'IED 'IQ ACCEPT 'IllE IECLARATIOO' OF VACANCIES . Ayes: Henning , Turner, Hanson , Brundage and White Neys: None 'Il-lE M)TICN CARRIED. • D I • • Career Service Board Minutes June J6, 1977 Page 6 • • - Approval of Personnel Acticns -Chairperson Henning asked for approval of the perscnnel actions before the board whi ch are as follo.,;s: NEW HIRES: Chad Horner Sandra Nelson John P . Lawler Alan W. Hehr Charles P . Schimofle Gordon Whittaker Carol J. Gregory Arnold A. Wardlaw Gregory P. Brandsma Kennedh W. Galasso David B. Houston Sheryl Shicora Gary Pittman Valerie Mee Public Works -Mechanic 's Helper 3A Effective 6/27/77 Jr. Acc ount Clerk lA -Finance Effective 5/31/77 Animal Control Officer -3A -Police Effective 5/16/77 Leadworker -Publi c Works 4A Effective 5/23/77 Maintenanceworker -Public Works Effective 5/23/77 Laboratory Te c hnician - Effective 6/1 /77 Utilities Laboratory Technician - Effective 6/1/77 Utilities Police Of ficer 4th Effective 6 /9/77 Class -Police Police Of ficer 4th Effective 6/6/77 Class -Police Police Of ficer 4th Effective 6/9/77 Class -Police Police Officer 4th Class -Police Effective June 10 , 1977 Police Of ficer 4th Effective 6/6/77 Cla ss -Police -2A 6A 6A Chief Building Inspector -lOA Comm . Dev . Effective 6/16/77 Law Enforcement Aide 3A -Police Effective 6/6/77 • , I • • - ( ( • June JI>, .1~1 I Page 7 TRANSFERS: Phyllis P. Clas RECLASSIFICATION: Paul F. Kapaun PROMOTIONS: Homer Richard Allan F. Stanley John Bock Vincent Macrander Robert E. Shank RESIGNATIONS: Douglas Martin George L. Mack TEMPO RARY DISABILITY RETIREMENT: Gary D. May PROGRESS REPORTS: Robert Heckert Randall Carson • • • Building to Utilities 2E to lE Effective 6/27/77 Engineering Aide III to City Surveyor 7E to BE -Effective 5/1/77 Firefighter 1st Class to Acting DOE Effective retroactive 3/27/77 Sargeant to Lieutenanc Effective 6/9/77 Inspector/Troubleshooter to Draftsman/ Inspector Effective 5/24/77 Building Inspector to "Acting" Chief Building Inspector Effective 5/1/77 La boratory Tech to Comp/Prog analy 6C to 7A -Effective 5/16/77 Police Officer 1st Class -Police Effective 6/15/77 Utilities -Laboratory Technician Effective 5/27/77 Po l ice Officer 1st Class -Police Effec t ive 5/13/77 Streets -Public Works Police • I • • - • career Service Board Minutes June :», 1977 Page 8 • • - Mr . Bro.-m noted the transfer of Paula Clas from Code Enforcement to Clerk-Typist at the Wastewater Plant, 1n that it was a voluntary deootion for Ms . Clas. COMMISSICl'IER TURNER !IOVED AND COMMISSIONER WHI'IE SECONIED THAT THE PERSrnNEL ACTIONS BE APPROVED AS LIS'IED ON THE AGENDA . kjes: Henning , Turner , Hanson , Brundage and White eys: None '1HE M)TI CN CARRIED. * * * There being no further business .... 00™1:SSICl'IER BRUNDAGE !IOVED AND COMMISSICNER WHI'IE SECCNIED 'IHAT 'lHE ~'EETING BE ADJOUFHED . kjes: Henning , Turner , Hanson , Brundage and White Nays : None THE IDI'ICN CARRIE D. * * * * * * * * * * * * * * * * I * * * * * * I * * * * * I * * * I I * * * I * I CAffiER SERVICE BOARD BY ~J,...u"""c11"'""t._,h-..,,B-.--,He_nn_1n_g_,_01_a1_rp_e_r_so_n_ Res pec t fully submitted , Karen M. V dapool , Pecording Secretary • I • • ( ( • • • • CITY OF ENGLEWOOD PLA NING A D ZO ING COMMISSION July 6, 1977 I. CALL TO ORDE R. The r egula r meeting of the Ci y Pb.nning and Zoning Commission was called to order by Chairman P iAr on a t 7:05 P.M. Me mber s pres e n t: Williams, Lathrop, Ow ns , P a rker, Pi erson, Smith Wanush, Ex-officio Members absent : Wade, Tanguma Also present: Assistant Director Romans, Asso ciate Planner Steve House, Planning Inter n s Brian Ross an d Tom Go u geon, an d Harvey Pratt of the Commerc ial Review Committee , Mr. Tanguma entered and took his p l ace with the Commission. II. APPROVAL OF MINUTES. Mrs. Pierson stated that the Minutes of the J un e 14, 1977, and June 21, 1977 m etings were to be con s idered for approval . Parker moved : Lathrop second d: ThA Minutes of June 14, 1977, be approved as written. AYES : Willi ams, Lathrop, Owens, Parker, Pierso n, Tanguma NAYS: Non e ABSTAIN : Smith ABSENT : Wad e The mo t ion carried. Lat hrop moved: Parker seconded : Th e Minut es o f June 2 1, 1977, be approved as written . AYES: Tanguma, Willi ams, Lathrop, Parker, Pierson, Smith NAYS: None ABSTAIN: Owens ABSE T : Wade The motion carried . Mrs. Pierson stated that the Commissio n has before it f or con- si d eratio n t his evening, two app lica tions f or interpretation in the B-2 , Business Zone Distr i ct , Members of the Commercial Review Committee hav been invited to attend th is me eting. Mrs. Pierson reviewed the purpose of the Comm er cial Re view Com- mittee and its review of the Comprehensive Plan for the members • I • • ........ • • • -2- of the audience. Mrs. Pierson stated that the Commission decision on the matter of interpre tation o f the Compre hensive Zoning Or dinance is f inal , and that in reaching this decision, the Comm iss ion will address two questions: (1) Is the use the applicant is interested in al lowe d in the zone district ; (2) What is t he impact of the proposed use on th e surrounding area? III. PHILLIP ELLIOTT Auto Mechanic Shop 4230 South Broadway CASE #10-77 Mrs. Pi erson asked the applicants if they wished to present their case to the Commission? Mrs. Elliott stated that she and h e r husband propose to operate an auto mecha nic shop at 4230 South Broadway. She stated that she felt the proposed us e will improve the tax base o f the City, and will provide them with the type o f business opportunity they want. Mr. Elliott stated that he proposes to construct a fi v e -car g arage on the site, and will do small mechanic work. There will be no body work done on the site. Mrs. Elliott stated that the lot is 125 feet in depth, by 50 feet in width; there will be ample parking on th e rear of the lo t. The driveway will be on the front of the lot, and the customers will drive through from Broadway t o th e alley. Mr. Elliott stated there will be no outside storage of cars. All storage of parts and materials would be inside the shop. Mr . Wanush asked if the Elliott's had contacted any of the surrounding property owners to discuss their proposal? Mr. Elliott stated th e y had not. Mrs. Pierson asked what int e rest the Elliott's had in the p r operty? Mrs. Elliott stated that they h~e been ass~red th ey can lease the property on a 30-year leas e . They have no commitment on the property at this time . Mrs. Pi erson a s ked if the proposed ga r age would abut the stru cture to th e nor t h ? Mr. Elliot t s tat e d it would not ; there would be a setback b etween the buildings . Mrs. Pierson asked if the applicants planned to purchase the sing l e-fami ly house i mm e diat ely t o the south o f the subject property? Mr . Elliott stated that if their business did as well as they hoped it to, they would consider expansion onto the property to the south . Mrs. Pi erson asked i f the applicant would consi d er access only fr om t h e rear with landsc aping along the Broadway street side ? Mr. Elliott stated that they had planned to landscape the site anyway. • I • • - ( • • - Mr. Lathrop aske d if the applicant would be doing work on "race" cars? Mr. Elliott staled th at he would not work on race cars, but rather on the standard family-ty pe car. -3- Mr. Smith discussed the problems that occur when vehicular access across the side walks is permitted. Mr. Wanush stated that this is a problem wh erever au emotive traffic is permitted from the street ; he did not think it more severe in this loca- tion than at any o ther point along South Broadway. Don Williams pointed out that service statio ns do minor auto - motive work consistently. Service stations are permitted in the B-2 Zone District ; he asked why auto r e pair shops are not permitted when t he work is b e ing done all over town? Mr. Wanush stated that auto repair shops are permitted in conjunction with a new or used auto sales lot , but are not permitted by themselves . Mr. Wanush pointed out that the s taff report recommends favorable action on this requ est . Mr. Wanush pointed out that this use does occur all along Broadway now ; the staff feels that it is very similar to other uses that are in existance. Mrs. Pier son referre d to the impact on the surrounding area by this proposed us e . She asked what type of building was pro- posed for the garage? Mr . Elliott state d that the structure would be of co ncr ete and bl ock construct ion. Mrs. Pierson asked if the applicants would be willing to "harmonize" their structure with the existing buildings in the block? Mrs. Pierson stated t hat all indications are that the 4200 block of South Broadway is getting "cleaned up"; she asked if the app licant would be willin g to p u t something on the lot that would be compatible with the uses that are in existance? She state d that she felt it very important to preserv e the direction of improvement that the block has tak n. Mr. Smith stated that he did not f ee l it c ould be demanded of the applicant to coordinate their type of construction to be compatible with the surrounding us es . He f elt the us e must be allowed or disallowed on the basis o f the use. The Commission can ask the applic ant to construc t a building that may be com- patible with the existing uses, but if the use is approved, they may construct any type building permitt0d by th e Building Code, and go into busin ess. Mr. Tanguma stated that he would agree with Mr. Smith's statem nt . Mrs , Pi e rson stated that she felt the Commission did have a bargaining point at this time and that it was to the adva nta ge of the City to attempt to gain compatibility of the uses . Mr. Tanguma stated that h e would o b J ect to limiting access from the alley; h e pointed out that most of the busines s wi ll be drive-in from Broadway, and in order for the business to succeed, they will hav e t o have as much ace ss as possible . Mr. Smith point d out that the print s hop and the drug stor e both have access fro m Broadway, and questioned that the Com- mission could limit the a c cess from Broadway if the use is permitted. • I • • • • - -4- Mr. Wa n ush pointe d out th at t h e ordinanc e does permit the Commission to e xamine t he impact on th e surrounding area of a use that i s not me ntioned, but mi g ht b e f ound similar to other permitt e d us e s. He sta t ed that th e Commission is in a posit ion to n e gotiate to a degree . Discussion ensue d. Mr . L athrop ask e d if th e struc ture would be set back f rom the fron t prope r t y line far enou g h to permit a vehicle driving in fr om BroadWay to get onto the propert y and not block the side- wa lk ? Mr. Lathrop stated that vehicl e s blocking the sidewalks creat e a hazardous situation for any p e destrians that might h ave to walk in the gutter or street to get around the vehicle. He ur ge d t hat the structure be set back f ar enough to provide maneuvering space for those vehicles driving in from BroadWay. Mr . Elliott stated that the structur e would be set back far e nou g h to provide sufficient maneuvering space. Mrs. Elliott s tated that they propose a 35 ft. x 65 ft. building and the lot is 125 ft. x 50 ft. Mr. Smith asked how much setback would b e required on this site? Mrs. Romans stated that the Compre- h e nsive Zoning Ordinance do e s not require any setbacks in the B-2 Zone District; there may b e a provision in the Building Co d e that would govern the amount of side setbacks required b e tween this and the adjoining buildings. Mr. Wanush reiterated that the staff is of the opinion this is a s imilar use to others permitted in the 8-2 Zone District; the only c once rn is that there be sufficient on-site parking, that th e re b e no outside storage of materials or car parts, and that noise emission levels be in compliance with the Noise Ordinance. Mr . Wanush asked about the hours of operation? Mr. Elliott s tate d t hat they propose to be in operation from 7:00 A.M. to 6:00 P.M.; the re will be no work done on Saturday or Sunday. Mr. Elliott stated that he is working in the automotive repair business now, and has for a number of years . He is familiar with the business, and just wants to have his own place of business. Mr. Park e r stated that all the filling stations are doing this t ype o f busine ss , and it is generally accepted. Mr . Ow e ns stat ed that the staff report indicates a permit was given nin e y e ars ago to tear down a house ; this is apparently the first ef fort t o construct something on this site. Mr. Owens p ointed out th a t the construction will have to meet the Building Code, an d h e fe lt t his is an opportunity to get some new business in th e ar ea , and that it is a good idea. Mr . Pra tt state d that h e o wns Merit Drug Store which abuts t~ s ub ject site on the north ; h e stated that while the structure on t h e subject site was torn down nine years ago, the lot has no t b e en vacant and available for development . There has been stora g e o f trailers and similar usage of the lot in the interim. Mr. P r a t t poin te d out that the Conoco Station in this block c annot a f ford to keep a mechanic because there is not enough work, ther e have been multiple owners of several o f the filling stations in th e immediate area. He pointed out that when some- • I • ( ( • • - -5- on e c on structs a bui l ding, they are taking a substantia l financial risk ; h e asked wha t would happen with th e 30-year l ease if the mechanic sh op did not succeed? Mr . P ratt s tated that he understood the s u bject area, and whil e the Planning a nd Zoning Comm ission was responsi b le for the decisi on of wh ether or no t th use would be allowed, he urged that th applicant consider the economics o f t hP area. Mr. Ow ens inquir ed if i t was n ecessary tha t the app l icant have an optio n on the site prior to action by the Commiss ion ? Mrs. Roman s stated t hat this matt r is different than a re- zoning application in that an option to purchase or other f orm of interest i n t h e site has not b n required prior to the Com- mission's c o nsideration. Mr. Smith asked if the interpretation of the ordinance was granted to the property or to th applican t? Mrs. Romans stated that in the past, the Comm ission has gran te d the use which is the subject of the interpretation to the applicant , but it would depend on the wording of the motion made by the Commission. Mr. Lathrop ask e d about provisions for scrap materials, oil and grease accumul ations ; will thy be housed in some sort of bui l ding, or would it be s ·ored outside? Mr . Elliott stated that they would construct a small me ta l shed for storage o f such mat erials . Smith moved: Lathrop seconded : The Planning Commission gr ant to Mr. and !rs. Phillip Elliot t , approval of the use of land at 4230 Sou th Broadway as an auto mechanic shop, pur- suant to the provisions of §22 .4-llb(l6) o f the Comprehensive Zoning Ordinance, with th e f ollow ing c onditions: 1 . Noise e mi ssio n from the auto mech anic garage operat i o n shall not disturb the adjoining residential are a . Th e operation shall compl y with the En g l e wood Noise Ordinance which sets forth a sound pressur e l evel limit of 55 db(A) f rom the hours of 7:00 A.M. to 10 :00 P.M., and 50 db(A) from 10:00 P.M. to 7:0 0 A .M. 2 . The auto mechanic garage operation sha ll provide sufficient o ff-street parking space for customer vehicles and employee parking in o rder to me et the parking requirements of the Compre- hensive Zoning Ordinance. Discussion ensued. Mr. Owens asked what the requirement s are f o r off-street parking? Mrs. Romans stat e d that the amou nt of off-street parking is dependent on the square f ootage of the structure. Cars cannot block t h e s ide walk at any time , Mrs , Romans point ed out that consi d ering the need for a drive way in fr ont and in t h e rear of the stru cture, the u seab l e parking area will accommo d a te possibly t h ree cars. Further discussia1 e nsued. • I • • • • • -6- Mrs . Pierson stated that she fe l t the Zo ning Ordinance is very c lear that an auto repair shop shall be an accessory to a new or u sed car sales lot. Mr. Wanush pointed out that a prece d ent has been set by appro va l of previous Commissions on this ty p e of business . Further discussion fo llowed. The vo te was called: AYES: Smith, Tanguma , Williams, Lathrop, Owens, Parker NAYS: Pierson ABSENT: Wade The mo tion carried. IV. PARA QUAD MOBILITY SYSTEMS, LTD . 1190 East Hampden Avenue CA SE #11 -77 Mrs. Pierson asked that the applicant mak e their presentation . Mr . Ed Nelson state d that he is Vice-President o f Wheelchairs, Inc. Para Quad Mobility Systems, Ltd ., wa nts to purchase the property which is direct l y across the alley f rom Wh ee l cha irs, Inc . to use for the c onve rsion of vans. This prope rt y has been u se d by Rev Motors for the past several years. Para Qu ad Mobility Systems is in the busin ess of installing hand controls and li fts on vehicles f or the handicapped . Mr. Lichty stated that he wa s couns e l f or Para Quad, Mobility Systems and Wheelchairs, Inc., and stated that Para Qua d Mobility Systems, Ltd . is a subsidiary o f Wheelchairs, Inc. The proposed use o f land at 1190 East Hampde n Avenue is really an extension of the Whee l chairs , Inc. business at 3500 South Corona Street. Para Quad Mob ility Systems is prese ntly working out o f a house on S anta Fe Drive, which is inconv e ni e nt f o r them and their cust om ers. It is the opinion of the p erso nn el a t Para Quad Mobi li ty Systems an d Wh ee lchai rs , Inc . that the site at 11 9 0 East Hampden would b e mor e convenient and would e nabl e them to get t h e business in c los e proximity . The pe opl e who are custom ers of Wheelchairs, Inc . and of Para Quad Mobility Sys tems are t hos e who have a great deal o f contact with Sw ed ish Me dical Center and Craig Rehabilitation Hospital, and it would be much better to have these services located within this service are a . Mr. Lichty stated that while their o peration may appear on the surface to be similar to that of an auto mechanic, they are not involved in auto mechanics. The business is c on cerned with the instal l ation and maintenance o f hand c on tro l s, e l ectr ic e leva tor and lift devices, and e levat ed vehicle tops and other related equipment on vehicles for the handicapped. There is no sale of vehicles involved, n or is there a gre at deal of throw-away material o r sto r ag e o f ma teria l involved. I t is t heir b e lie f that Para Quad Mobility Syste ms will be of great benefit to the community if it can be located at 11 90 East Hampden Avenue . Mr. Lichty stated that in reviewing the staff report, there is one item which does concern them, that bei n g the requirement that the fence on South Downin g Street s h al l be set back to the building line o f the res ide nces to the south o f the subject • ) I • • ( ( • • • - -7- property t o comply wi th fence requirements for a residentia l neig hborhood, I f thi s condition is appr oved and enforced, it wi ll res ult in the loss of a substantia l amount o f availab l e parking area, It is the thinki n g of Para Quad and Wheelchairs, Inc . per sonne l that the fence would b e better l ocated on t h e perimeter of the property. Th ey are p roposing a six-foot ch ain-link fence a round the proper ty for s ecurit y purposes . Mr , Lichty poin ted out that t h e compl eted v e hicles are worth approximately $12,000 to $15,000 , and t hey do n o t wan t to run the risk of vandalism to th e se v e h icles that are in the lot to be picked u p by the owner, I t is their intent tha t the chain link fence wou ld be se three feet wi thin the pro per ty line, and th ey would provide landscaping in th e f ron t o f the fencing . Discussion on the fencing provision as set f o rth in the staff report ensued. Mr. Lic ht y stated that if the fence must b e set in from the prope rty line a s required, approximately 25 feet, it will totally ruin their parking plan ; they will be able to park about 10 vehicle s on th e lot i f the fence is locate d a s the staff su ggest s. I t wi ll a l s o el imi nate t h e ability t o effectively landscape t h e property . Mr. Lichty stated that th ere is a retaining wall wi th a fence a top it that runs th e entire length of th e south property line ; if th is fence were to be repainted, i t would be quite a ttracti v e , Mr. Lichty stated tha t h e f e lt their proposal of the c hain link fence on the per imeter o f the property would cut the visual impact of th e us e on th e commun ity. He reiterat e d that their concern i s f or the security o f the vehicles parked in the lot. Mr. Wanush noted that there are two e ntrance s to the site from South Downing Str eet, and two entrances fr om East Hampden Avenue , He asked if all these ent r ances would be ma intained? Mr. Lichty stated t hat t h e ma in a c c es s will be fr om Hampden Ave nu e· they h a ve no t made a fi rm d ecision on whether to leave t h e other e ntrances on South Downing Stree t open . Mr. Lichty stated that r olling gat es would b e insta lled across the points o f entrance; t h ese gates c oul d b e lo cked when n o t in u se. Mr. Parker stated that he did not fee l the insta lla tion o f a c hain link fence o n the perimeter of the p r oper ty wa s out o f line ; h e poi nted out that the proper t y is a "j u nk car " place now, Mr. Nelson poin ted out that the maj o r installation work wil l be don e inside the building; however, for the c onven ience o f the customers, minor adjustments t o the vehicles would be done outside, Mrs . Pi erson stated that the Hampden Corridor has been under c lose scrutiny by the Comm ercial Activities Review Committee, • I • • • • • -8- and they fee l that this commer cia l corridor may be one o f the more viab l e commercial areas in th e City . Swedish Medica l Center is a large property o wner in the ge n era l area , and the n e i g hbor- h ood "appears to be on its way up ." Mrs. Pi erson disa gree d with the staff r e port that thi s particular use proposed by Para Quad Mobi lity Systems might give an "industrial" appearance to the ne ig hborhood. Mrs. Pierson a cknowledged that it appe ars there i s a c ode enforcement problem along this comm er cial c or rido r, but stated that the Commercial Activities Revi ew Co mm ittee does feel that this area is well on its way to an eco nomi c rebirth. Mr. Ow ens asked the r eason behind the staff recommendation that the fence be set in to the building line of the residences t o the south of th e site? Mr. Wa nush stated that by providing the s e tback to th e building line the reside ntial character o f the ar ea would b e carri e d out. He q u estioned that there would be a visual problem on the c orner. Mrs . Romans pointed out that this intersection is controlled by a traffic signa l. Mr. Smith stated that as he understood it, the hei g ht o f the fence wa s t o limit access to vehicles that are stored on the l o t while b e ing worked on. He asked if a lower f ence could be insta ll ed on the f ront of th e lot, with a smaller s ecuri ty area t o t he rea r surrounded by the higher fe nce? Mr. Lichty stated that this would decrease the area they need for the stora ge o f vehicles and f iberglass tops. Mr . Lichty pointed out that the ir storage area pe r vehicle must be larger than for the ty pical vehicle, inasmuch as one mus t take into con- sideration the capability of the individual bringing the vehicle in to be worked on. There may not always be a member of the staff available to park these vehicles, and the handicapped vehicle owner will have to do so ; there must be sufficient spa ce to provide f or the lifts and other special equipment that are part of the vehicles. Mr. Smith asked if there was a n y way to provide security for the over-ni g ht storage of v e hicles without constructing a six foot fence around the corner o f the lot ? Discussion ensued on the q uestion of fencing the ent ire site v s. fe ncing a small security area . Mrs. Pierson inq uired as to whether the appl ica nt had considered the construc tion o f solid fencing rather t han the chain link ? Mr. Lichty stated t hat in his opinion, the chai n link fe ncing wou ld not have the adverse impact on the n eighborhood as would the s olid fencing. Mr . Owens not e d t hat a solid fence would inhibit vision into the lot , and would mak e it more difficult to patrol for security. He stated that h e did not see any great problem with the six f oot c hain link fence. Mr . Smith ask e d if a five foot f ence would serve the purpose, or i f the six f oot fence is proposed for a specific reason? • I • • ( • • • - -9- Mr. Lichty stated that as far as security is conc erned, it is felt the six foot fence would be b e tter. It wo uld be the most reasonable alternative in providing proper secu r ity f or the vehicles and visibility f o r the police in patrolling the site . Mr. Lathrop stated that he has been very concerned about this particular corner ; he stated t hat it has looked like a sa lva ge yard for the last two years. He stated that he has no objection to the six foot chain link fe n ce, Mr. Lathrop stated that he would agree with Mr. Owens that a solid fe nce would cut down on the police protection. The six foot chain link fen ce would be better for th e n e ighborhood than what is there now ; he stated he was in favor of giving them the security they have asked for. Mr. Pratt asked if th e re was not an ordinance governing the protection o f visibility at corners? He asked what would happen if the vans were to be park e d in the corner --this would cut down o n the visibility at this corner . Di scussion ensued. Mr. Lichty stated that they do not c ont e mplate a large number of vans coming in for servicing at any one time, but they are trying to get the maximum useabl e ar ea out o f the lot , Mr . Lichty discussed the possibility o f "angling" t h e fenc ing across the corner to prote ct the visibility. This p ossibility was dis- cussed in depth. The landscaping of the area was considered . Mr. Lichty stated that the landscaping would consist of trees and shrubs on the outside of the fence . Tanguma moved: Owens seconded : The Plannin g Commission approv e the request o f Para Quad Mobility Systems, Ltd., 1190 East Hampden Avenue, for an interpretation o f §22 ,4-llb(l6) of the Comprehensive Zoning Ordinance that the sales and installation of handicap equipment in v ans and autos is a use similar to and compatible with other uses permitted in the B-2 Zone District. This approval is based on the follow ing conditions : 1. The installation of equipment and the maintenance work shall, except for minor adjustments, be done within an enc losed structure. 2. Noise emission from the sales and installation of handicap equipment shall not distur b the adjoining residential area. The operation shall comply with the Englewood Noise Ordinance, which sets a sound pressure level limit o f 55 db(A) from the hours of 7:00 A.M. to 10 :00 P.M., and 50 db(A) from 10:00 P.M . to 7 :00 A.M. 3. No inoperable motor vehicles will be stored on the site and no operable vehicles stored for more than three weeks. 4. Outdoor storage is to be limited t o the 100 square foot area describ ed in the application, and screened from public view . • I • • • • - -10- 5. A three foot se t back on Eas t Hampd e n Av e nue an d on South Downing Street shall be maintained to comp l y with t h e requir e - me nt c ited in §22 .4-llf o f the Compre h nsive Zoning Ordi n ance: "Wher e a n ope ning upon a si d e o r prope rty line ma y be provid d f or p e destrian u se, a minimum setback of three feet sha ll be provided ." Th ese setbacks should be landscape d and maintain ed in k eeping with the character established by Whe elcha irs, Inc. at 3500 South Corona S treet . 6. The fencing a t the Downi ng /Hamp den corn er shal l be set back from the intersection a minimum of 10 feet on Ha mpden and a minimum o f 10 feet on South Downing Str eet , with a 4 5 ° ang l e area on t h e corner that shall no t b e fenced . This are a en- compassed in th e 45 ° angle sha ll be l a n dscaped. 7. The expanded operations o f Whe e l chairs, Inc., sha ll meet the requirements of the Comprehensive Zoning Ordinan ce fo r parking. AYE S : P arker, Pi erson, Smith, Tanguma, Williams, Lathrop, Ow e ns NAYS: None ABSENT: Wade The mo tion carried. Mrs . Pi e rson d e clared a recess of the Co mmi ss ion . The mee ting recon vened at 9:00 P .M. with the f ollowing me mb ers present: Owens, Pierson, Smith, Tanguma, L at hrop. Memb e rs absent were : Parker, Wade and Williams. V. DIRECTOR'S CHOICE. Mr . Wanush stated that at a meet ing of July 5 , 1977, the Arapahoe County Plannin g Co mmission reconfirmed th e ir concept f or development of th e South Platte River Valley, that concept being h eavy industrial development on both sides of the river. The possibility o f annexation of p ortions o f t his area were discussed . Mr. Wanush refe rred to a Resolu tio n p ass ed by the Ci ty Co unci l reit e ra ti n g an in te nt to annex in the futur e . Discu ssion e nsued. Mrs . Pierson remi n de d the staff of the proposal to am e nd the Industrial Zon e Di str icts to preclude the possibilit y o f a use such as the auto shredde r. VI. COMM I SS IO N 'S CHOI CE , Mrs. Pierson stat d that she has re ceiv ed a letter notify ing the City Council of the res i g nat i on of Mr . Ed G . Smith from the Planning and Zoning Commission . Ms . Pi e rson stated that she fe l t it would b e appropriate f or the Commission to pass a resolution acknowledging Mr. Smith's service on the Commission . • 0 I • • ( ( • • - -11- Don Smith moved : Tanguma seconded: Tha t a resolution be prepared acknowledging th e service o f Mr, Ed G , Smith as a member of the City Planning and Zoning Commission from September 4, 1973 thr u July 1, 1977, Th e Resolution shall take not e of Mr. Smith's service as Vice-Chairman o f t he Pla n nin g Commission for the years 1974, 1976, and 1977, a nd shall b e fra me d f or presentation to Mr . Smith , AYES: Lathrop, Ow ens, Pierson, Smith, Tanguma NAYS: None ABSENT: Parker, Wade, Williams The motion carried, Mrs. Pierson asked f or a report on the progress of the Compre- hensive Plan Review Committees. Don Smith stated that his committee has made great progress, and great interest has been expressed by citizens in serving on this committee . The Committee has defined the parking areas needed in the downtown area, and will be working on the problem of access to and from the shopping areas and the parking areas. Discussion has centered to this poin t on "old Englewood " --the 3300 and 3400 blocks of South Broadway, The Committee will have to consider the Cinderella City area and areas to the south of U.S. 285 and attempt to tie these areas together. Mr. Smith discussed the CML Conference, and some of the meeting s he attended, notably those dealing with the revitalization of downtown areas, This program dealt with the re-facing of existing buildings to maintain the character of the n e ighborhood, and yet improve the neighborhood. Mr . Smith reported that the City of Denver has amended some of the ordinances t o permit the recon- struction on 37-1/2 lo ts whi ch was previously banned. Mr , Owens stated that a building code which applies to older structures and a building code which app lies to newer structures has aided in the revitalization process in Denver. Discussion ensued. Mr, Wanush stated that th e Housing Code for the City of Englewood is not clear, and should be amended. Also, a rehabilitation code should be deve lo pe d that would apply t o older structures in Englewood . Discussion ensu ed, Mr . Lathrop discussed th e d e v e lopment o f the e xisting Englewood Housing Rehabilitation Program, The financing of rehabilitation efforts by FHA and VA were discussed. Mr. Lathrop reporte d that the Transportation Committee has postponed further efforts at this time. However, Mr . Nowacki suggested that possibly the Committee might want to consider the Sant a Fe/railroad coal train problems separately , He sug- gested that Mr. Brasher o f the State Highway Department and someone from the railroads be invited to meet with the Committee. Mr. Smith stated that City Council is on record supporting an- • 0 I • • • • • -12- ot her me e ting of the Arapahoe Count y j urisdictions on the mat t e r of Santa Fe Drive. The ma tter of Transfer of Funds was brou g ht up at the Council meeting of July 5 t h; ther e is $80,000,000 wh ic h is uncommitted at this time. It is important tha t th e re be in p ut on the ultimate development of Santa Fe, and attempt to ge t some of these funds committed to the developmen t of S a nt a Fe and other key arterials through Eng lewood. Discussion e n s u e d . Mr . Ta n g um a stated that there is good attendance at the meetings o f t h e Housing Preservation and Residential Development Com- mittee . Mr. Tanguma stated that there are several ideas being discuss e d, and they are considering the ge neral direction t hey want the City to go. Discussion f ollowed. Mrs. Romans stated that she had spoken to a person who had a ttended the initial meeting, and he had said that he was told that only persons who lived in Eng lewood were to partic- ipate on the Committee. Mrs. Pierson stated that it would be the policy that any one living in Englewood, or anyone who has an interest of any kind in the City of Englewood, is qualified to participate on the Comprehensive Plan Review Committees. Mr. Owens stated that the Public Facilities and Drainage Com- mittee has a meeting the evening o f July 7th; they have a tour o f City Hall schedUled for that meeting. He stated that he has good participation on this committee, and they are still in the process of gathering information of the facilities that are available. Mrs. Pierson reported on the Commercial Activities Committee, a nd stated that she is most impressed with the interest expressed by the members of her committee, The Committee is in the process of inventorying the commercial areas of the City, which have b e en broken down into "corridor s ". They have completed the inventory of the East Hampden Avenue Corrick:>r, and will next c onsider the Evans Avenue Corri9or. Mr . Wanush noted that this c ommittee had extended an invi t;~ tion to all businessmen along t h e Hampden Corridor to att e nd a meeting to discuss the commercial dev e lopment with the committee members . Mr . Lathrop asked i f the members felt th e Transportation Com- mittee should reconve n e to discuss the railroad traffic and the S a nta Fe Driv e improvement ? Discussion ensued, Mr . Smith stated that be didn't fee l there was any real purpose in dis- cussin g the train traf fi c . Th e U .S. 285 and Santa Fe Drive i n terchange is a real p robl e m to th e Cit y of En g lewood, and U .S. 285 is a problem throughout the len gt h of the City. Mrs. Pierson asked if there were other matters to be considered under Commission's Choice . • I • • - ( ( • • • • -13- Mrs. Romans stated that the staff will ask for an interpreta~ tion o f the Comprehensive Zoning Ordinance on whether or not mini warehousing is a use similar to other us es i n the B-2 Di s trict, and whether or not it shoul d be permit te d in the commercial zone districts. The meeting adjourned at 9 :40 P.M . Jertrude G. elty Recording s::::tary • I • • ( ( ( • • • - ENG LEWOOD PUBL I C LIBRARY BOARD July 12, 1977 The Englewood Publi c Libr ary Bo ard met for its regular mee ting on July 1 2 , 1977, in th e library confere n ce room. Present: Bennett, Clayton, Cloughesy, Ligh thall, Mu e ller, Shattuck, Simo n, Sterlin g. Absent: Beaver. Also Pres en t : Harri e t Lute, Director of Librari es Eileen Br o wn e , Recording Se c retary A quorum was de c lare d present, Sue Muell e r, pre siding, called the mee ting t o o rder at 7:35 p.m. It was noted that Ms. Lo is Sterling was not present at th e June 14, 1977, meeti ng and that motions r ecorded as be ing made by Ms . St e rl ing should be cha nged to read Ms. Lo is Lighthall. Ms . Lut made the co rre c tio n that th e Boa rd reviewed th e Library Boa rd's budge t and not the Library's budget as was recorded in the minut es of the Jun e 14 , 1977, mee ting. Motion to a pprove th e minut es as corrected was made by Councilman Clayt on and seconded by Mr. Shattuck. Carried . Ms. Glenna Benp e tt r e port don the CCLS mee ting she att e nded with Ms . Lute . A slide-tape pr e s e ntat ion illus trating how the CCLS was forme d, its purpose , and governing laws and r gulations was s hown . Ms. Bennett thought th e presentation would be of interest to th e Library Board and asked Ms . Lute to arrange for a showing. The ne xt CC LS Mem bership meeting is to be held in Septembe r . Nom inees for the CCLS Board of Di r ectors to fill thr ee -year terms are: for Memb er-at -Large: Pam Marks, Littleton Public Library, incumb e nt; Spec ial Librari es Repr ese ntation: Solange Gingna c , Botanic Gard e ns Li brary, incumbent; Karon Kelly, WICHE library: School Libraries Representation : ' Randy Donahoo, Sc . Vrain Vall ey Schools; William A. Murray, Aurora Public Schools, incumb e nt; Nancy Samue ls, Douglas County Pu bli c Sch ools. Th e Nominating Committee welcomes nomination s from the floor. Councilman Clayton in quired if the Englewood Pu blic Library had e ver h ad a memb e r on this CCLS Board of Directors. Ms. Lute replied ,in the negative. Oth er i tems di s cussed at the CCLS meeti ng we r e: CCLS budget; analysis of reciprocal bo rrowing; system-wi de analys i s of r eci proca l programs and the recipro ca l borrowing ca rd . With rPgard to the recipr oca l bo rro wing card, there is insu ff icient informa t ion available to understand the wor kings of the proposed card . Terms of membership in the CCLS we r e discus sed -th is item wa s tabl e until the August Board meeting since th e CCLS sent the wron g me mbership form and Ms . Luce is to request that th e proper form b e s e nt to the library. Ms. Lois Ste rling r e p o rt e d that she had not attended the latest meeting of the Fri e nd s of the Englewood Public Library and was not r ea lly up-to-dat e on what was going on currently wit h th e Friends. Ms. Sue Mueller report e d that she did attend the Dra c ula Society program at the Paramount Theatre which ende d in the drawin g f o r th e prize of a 60-second screen test. Karen Ke ll ey is going t o Channe l Two tomo rrow to re c ord th e audio for a public service announcem nt whi ch incor por at es material from th e Dracula Society screen t est, sli des from th e library and slides from the "Mi ssy" slide pre s en tation . • I • • .., - ( • • • • Englewood Public Library Board July 12, 1977 Page two ... Channel Two has offe r ed to duplicate the Rnnouncement for use by other station s. This announcement could possibly be shown about tw enty times ove r the next fe w weeks. Ms. Margaret Cloughessy offered to help Lois Ste rling in cove ring the various functions sponsored by the Friends. The Board agreed to nominat e Bob Cur ri e for this year's Distinguished Service Award presented by the Colorado Library Association. Beverly Simo n is to draft th e letter of nomination from th e Board, and to ask the May o r to write a supporting letter; and to get a lett e r from Ms. Dorothy Wheelehan. Councilman Clayton will also submit a letter of r ecommendation for Mr. Currie. Th CO NFIDANT, newslette r of the Friends, was distributed to the Board after all dues to the Friends had been collected. Ms . Sue Mueller reported on the ALA Confer nee that she and Ms. Lute attended in Detroit . Ms. Mueller reported on the o rie ntation m etings, th e Trustees Wo rkshop, th e vi sit to Greenfield Village, the installation dinner for Don Ernsha w the new President of the ALA, visit to th e Detroit Library, meeting wi th Clara Stanton Jo nes, Director of the ALA. Ms . Lute r eported on the worksho p on Adult Services and the Grantsman Seminar whi ch she attended. Both comm ented on th e movie THE SPEAKER whi ch was produced by th e ALA Intellectual Freedom Commi tt ee. They stated that it was not specifically library oriented and ha s created much controversy. This fi lm .will be shown at the CLA meeting in th e Fall. Ms. Lut e also r e ported on the four hour session she attended on Copy right laws. She mentioned that th e term of copyrights has been lengthened to the life of th e author plus 50-years. Copyright starts when the mat e rial is cre at ed and not when it is published . Ther e are also stric t regulat ions about the number of photocopi es which may be made of co pyrighted material. In the discussion of the Library Boa rd Budget Request it was poin t ed o ut that the Board wi ll not be s pending as mu ch money on secretary's sala r y during 1977. Exp e nditures in Educational and Promotional Services inc reased slightly and in Profe ss iona l Services to cover Diamond Jubil ee programs. Be v erly Simon recomm e nd ed endo rsement of the Library Board Budget Request, seconded by Lois Lighthouse, all in favo r and the budget r e qu est was accepted. The Library Budget Request is only 8~% high er than last year's budget. The chie f increase is in personnel cos ts -negotiated raises, anniversary increases and th e cost of be nefits. Operating Exp e nses appear to be up but this is not an increase in budget but rather an accounting change made by th Fina nc e Department. Books are a capital outlay item while magazines and records are ph e meral materials and are now charged Op rating Materials and Supplies. The $600.00 budgeted in improvements is for replacement of library chair s . • I • • In n - 0 • ( • • • • Eng l e wood Public Library Board July 12, 1977 Page three ... Discuss i o n of th e draft of the s tat e networ king pl an was put of f to Members' Choice at th e mee ting in Augus t . Libra rian's Report: The Library is co nt inui n g t o show incr eased circulation o v e r last yea r . Refe r e n ce reques ts are down abou t 20% b ecause of the discontinu an ce of r efe re n ce se rvi ce t o non -r esident s, h o wever, reciprocal b o rrowing is just about the same. The Ara p a h o e Regio n a l count is just the same as last year. Stor y hour attendance i n th e Librar y wa s 92 and at the b oo km obi l e s t ops 424 for a tot a l of 516 chil dr e n in att endance during the month of Jun e. The cl as s v isits r e p o rt ed we r e made pr ior t o school c l osi ng. The bookmobil e l ib rarian 's vi si t s t o u sers homes are t o fami l iarize residents with library servic s. Ms. Lute indicated that the Di sb ur sement total on the June s tatisti cs report was inco rrect and shou ld be reduced by $225.00 (Xerox fu n ds); th e total shou ld read $962.45. Vacation Reading Program -180 c hildren hav e already compl e t e d th e program compared with 165 i n June, 197 6. Members' Choice: Ms. Mu el l e r discussed h e r visit t o the Wh ea ton Public L ibrary in Wheaton, Illinois. Sh e me ntione d that thi s p artic ular library c harges renta l fo r the use of r ecords, t apes , a rtwo rk and sc ulptur e, etc. Meeting a djourned at 10 :00 p.m. I • • I r.:, ,., ( • • • - En g lewood Water and Se wer Board Re g ular Mee ting July 19, 19 77 The me e ting was called t o order at 4:55 pm by Vice-Chairman Gibson. Members present: Members absent: Also present: Best, Mann, Ul lery, Tay lor, Gi bson. Babcock, Sovern, Schnackenberg . Hank Bradsha w, Acting Director o f Ut i l i ties; Bill Franklin of the Littleton Planning Department; and Bi 11 Woodcock of Sou th Suburban. Mr . Bradshaw sugge ste d that item Ill be taken fi rst. Ill. PRE LIMINA RY PR ESENTATI ON FOR A PA RK IN SLAUGHTER HOUSE GULCH Mr. Bradshaw i ntroduc e d Bi ll Frankl i n of the Li ttleton Pl ann i ng Department and Bi ll Woodcock of South Suburban. They gave a brie f presentation of their prelimi nary master plan for the park that invo lves de ve lop ing i t as a combinat i on of wildlife sanctuary and environmental l earn i ng laboratory. Mr. Sovern a r rived at 5:07 pm. Given the City Ditch's present location, the preliminary plan calls for crossing it at two points and possible use of the flume for an e levated pedestr ian walkway. With talk of enclosing the ditch and rerouting parts of it in the f uture , the park planners would like t o conside r t he possibi l ity of trading a n e w easement for the e x isting one and plannin g fo r that i n th eir design. Littleton and So uth Subu r ban would l i ke the Bo ard t o consider th e p lan and comm un ica t e any other concerns the y mi g ht have. Mr. Franklin and Mr. Wo odcock departed at 5:1 5 pm. I. SUPPL EME NT 1/54 TO SOUT HGAT<: SAN lT ATION DIST RICT Th i s Su pplement was pr esent e d or i g i na lly in June, but a t that time i t wasn't known for wh at th e property would be used. It is to be a stud e nt ho u s in g c om p l ex f o r @ 30 0 studen ts at a c ul i nary school. Mr . Bes t mo ve d; Mr. Sovern sec onded : That the Board reco!llllend to Council a pproval of Supplement #54 to So uth ga te Sanitati on District. The motion carr ied un a n im ously . • I • • ( • • • - -2- I I. ENCROACHMENT AGREEMENT WIT H BJ LL HA P.VF.Y FOR PLAZA DEL MEDICO This e ncroachme nt a g reem e n t is for a r e t aining wa l l that is a lre a dy built. Everything is now in order. Mr. Sovern mov e d; Ms. Ul lery seconded: Th a t th e Bo ard r ecommend to Council app roval of th e En croa chm e nt ag r eeme nt with Bill Harvey fo r a r e t ai n i n g wa ll at Pla za del Me di c o. Th e motion carried unanimousl y . IV. CHANGE I N CUT-OFF CHA RGES Mr. Bradshaw presented a memo to th e Board d etai l ing the actual costs invo lve d i n mak i n g a water cut-off and r ecorrrnend i ng that th e fee be i ncreased to $7S.OO. Mr. So vern mo v ed ; Mr. Taylor seconded: That the Bo ard r ecomme nd t o Council that the wat e r cut -off c harge be increased to $7S.O O. The motion carried un animously. Mr . Mann asked th at a t a future meeting the Board study the qu es t ion of City responsibility for water service l i nes between c urb sto p and main with the possibility of changing the Ci ty's position. V. SUPPLEMENT #S5 TO SOUTHGATE SANITATI ON DISTRICT This Supplement is for 86 acres at the NW corner of S . Holly and Dry Cre e k Road , and 157 acres at the SE corner . It will be a contin- uation of Sanford Homes s i ngle -fam i ly dev e lopment with 852 sites, Mr , Sovern moved; Mr. Best seconded: That the Board r ecomm e nd to Council approval of Suppleme nt ,ss to Southgate Sanitation Oi s trict, on the condit i on that the densi ty do e sn't c han ge . The motion carried unanimou sly . VI. SU PPLEM ENT #56 TO SOUTHGATE SAN ITATION DISTRICT This Supplement is fo r a pr i vate res i den ce a nd a plant nursery. The total flow will equate to@ 2 SFR. It invo lves 8 .2 5 acres, about l /2 mile So u th of Dr y Cr eek Road on !lolly , Mr. Sovern moved ; Ms. Ullery second ed : That the Board recomme nd to Council approval of Sup p l eme nt #56 to Southgate Sanitati~n Di s tr ic t, The motion c a rr ie d unan imously . • l I • • n - ( • • • • -J - VII. OTHER INFORMATI ON Mr. Bradshaw i nformed the Bo ard that water consum rtion ha s go ne up slightly and that the Be ar Cree k Plant will be n eeded if the increase c ontinue s . He also told t he Board that prog r e ss is be ing made i n h i r i n g a n ew Uirector of Uti l ities . The meeting adjourned at 5:45 pm. ~··~ Jeffrey Shultz Recording Secretary • I • • In n - • • DATE: SUBJECT: • • - MEMOllANDUll T O THE ENGLE \/OOD C 1TY COUNCIL REGA RDING ACTION OR RECOM:-IENDA TION OF T HE EN GI.E \.IOOD \./A T ER AN D SE WE ~ BOARD July 1 9 , 19 77 RE COMME NDATION : SUPPLEMENT /!5 4 T O SOUTHG AE SAN ITATION DISTRICT That City Co u ncil ap pr ov e S u pp lrme nt 054 l o Southgate Sanitation Distr ic t. P.espec t f ully submitte d , EN GL E\:o o D WATER AND SEWER BOAP.D Dy : :-:-----;;-;-~~---:::---:-----rT We rn er Sc hnackenb e rg, Cha i rma Atta chm e nt i;l • 1 I • • ( - ( 0 • ( • DATE: SUBJECT: • • • MEMORANDUM TO THE ENGL ~WOOD CITY COU NCI L RE GARDING ACTION OR RE COMMENDAT ION OF THE ENGLfilOOD HATE R AND SEWER BOARD July 19 , 197 7 EN CROACHEMNT AGREEMENT WITH BILL HARVEY FOR PLAZA DEL MEDICO RE COMME NDATION: That City Counc i l a pp rov e th e Encroachme nt agreement with Bill Ha rvey for a retaining wal l at Plaza del Medico. Respectfully subm i tted, EN GLEWOOD WATER AND SEWER BOARD By: \'Q._ Werne r Sc hnackenb erg , Chai rma~..J Attachrne n t !/2 • I • • - • • • • MEMO!V.N DUM TO T HE ENGL E'./OO D CITY COUtlCIL RE GA!l.DlllG ACTI ON OR RECOMMENDA TI ON OF TH E EN GL EWOOD \.'A T :,R AND SE'.·!EH BOA~D DAT E : SUBJECT : ~E COMMENDATIO:I : July 19 , 19 7 7 CH At l GE rn CUT-OF'F CH Af.GcS Tha t th e City Coun ci l c h an i:;c thC' wa t er cut -o ff charge t o $75 .00 . ~esrc ct f ully s u b~ittPd , E!\G L E;,;ooo ',IA TEil 1\ND SE\{ER llOA!~D Cy: Ch11 irma n ~ ' . .'c rn r r SchnackenhC'r g , Atta chmPnt 1,3 • I • • ( ( • • • - ME MORANDUM TO: H.S. Bradshaw, Acting Utilities Di r ec tor FROM: D.K. Stephens, Administrative As sistant DATE: July 14, 1977 SUBJECT: Recorrmended Change in Water Cut-Off Charge Paragraph 15-3-32, TAPPING AND CUTTING OFF MAINS, sub paragraph (b) specified the charge of $25 for cutting off the water service to a property. This fee was set in 1972 and as we all agree does not now begin to cover the cost of perfor:ming the work. A more realistic estimate of cost. would be: Back Hoe: 2 hrs Equipment Op: 2 hrs Maint. Worker: 2 hrs Street Cut 8 Sq ft. @ $10.96/hr @ B.39/hr @ 7.25/hr @ 2.00 Total $21.92 16.78 14.50 16.00 $69.20 Recorrmend the fee be increa sed to $75.00 per cut-off, the next time the water ordinance is revised. Attachment i>Ja • 0 I • • In ,..,.. n 0 • DATE : SU BJ ECT : • • • MEMORANDm•t TO THE F.NGLE l/0011 CITY c cu~:ClL 'tf:GARDINC AC-:'ION OR f ECOIBIE~:DATJm1 OF' THE E~CI.El:OOD i;A r;::;: /,:ID SE\:"::,{ llOAP.n July 19 , 1977 ~UPPLEME NT ;:155 TO SOUTIIC ATr: SM: [TAT ION Dr srn r cr RE Cmu1E:lDA T I0t:: That City Counc l l a pprov e Su pJ l encnt ~55 t o Southgate San l tat ·on District , on th e condit on tha t t h e dc ns i t ; doc~n ' t chan ge . !:espec t fully subm~ tt c d , :.:J CL Z\;ooo \:AT,'1 \ A '0 SE\/ER llOAnD lly : ____ _ 1 . .'e rn •r Schnnckcnbe q ;, Chei rman ) Attachment 1/4 • I • • I r:1 r, ( 0 • ( • • • • ~l!':MORANDUM ,O TII E Ell GL EHOOD CITY COU!lCIL RE GA::'.DlllG ACTION OR ;'.£COMMENDAT ION Or TH::: r:N GLEl .'OOD \./ATER AND SEWER BOARD DATE : SUBJECT: RECOHMENDATION: July 19 , 1977 SU PPLE MENT i}5 6 TO SOUT HG ATE SA,HTATION DISTRICT That the City Counc i l a pp rove Sup?leme nt #5 6 to Southgate San ita tion District. Respectf ully submitted, ' ENGLEWOOD WATE R AND SEWER BOARD By: ~Q Herner Schnackenberg, Cha i r ma ~ Attachment {/5 0 I • • I r:, ,..., - ( ( • • • • -10- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING A CT ION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING CO MMISSION. DATE: July 19, 1977 SUBJ EC T : Findings.of Fact: Rezo ning of 3270, 72, 74, 76, 78, and 80 South Banno c k Stree t. RECOMMENDATION: Tanguma moved: Smith seconded: The City Planning Commission accept and recommend to City Council the Findings of Fact on Case #7-77, the rezoning request filed by Mr. Donald L. Marshall. AYES: Parker, Pierson, Smith, Tanguma, Wade, Lathrop, Owens NAYS: Williams The motion carried. Respectfully submitted, By Order of the City Planning a nd Zoning Commission. Gertrude G. elty ' ti .·Recording Secretary • I • • n ,.., ( ( • • - CITY PLA NING A D ZONING COMMISSION CI T Y OF ENGLEWOOD, COLORADO IN THE MATT ER OF CASE 'O. 7-77, ) FINDINGS OF FACT, CON CLUSIONS, ) AND RECOMMENDATIONS RE L ATING TO ) T HE APPLICATION OF OON ALD L. ) MARS HALL T O RE ZONE A CER TAIN ) AREA OF THE CITY OF ENGLEWOO D ) FRO M R-2, MEDIUM-DENSITY RES I-) DENCE, TO B-1, BUS INES S, PUR -) SUANT TO §22.3-2 OF THE COM -) PRE HENSIVE ZONING ORDINANCE OF ) T HE CITY OF ENGLEWOOD, COLORA DO. ) -11- A Public Hearing was h e ld i n connectio n with Cas e #7-77, on June 21, 1977, in the City Counci l Chambe rs at the Englewood City Hall. A quorum of the City Pl anning an d Zo n ing Commission was present , tho se being: Mr. Lathrop, Mr . Parker, Mrs. Pierso n, Mr. Don Smith, Mr. Ed Smith, Mr. T a nguma, Mrs . Wade and Mr . Williams. Those me mb e rs of the Commission who we re absent: Mr. Ow ens . F INDINGS OF FACT --- Upon review of the evi d e nce take n in the form of testimony, presentations, reports and f il e d docume nts, the Commission makes the following findings of fact: 1. That proper notice of the He aring to consider the requ ested r e z oning was given by posting the property and by publishing a noti ce of the Hea ring in the official City news- paper, the Englewood He rald S e ntinel. 2. That the ar e a in q u est i o n is d escr ibed as follows: 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 S ec tion 34 Township 4 South, Range 68 We st , more partic ularly d e scribed as follows: Be ginning at point on ce nt er line of South Bannock Str eet which is 1 4 0 f ee t South of the North line of said E 1 /2 of S 1 /2 of S 1 /2 of NE 1 /4 of SW 1 /4; thence East parallel to said North line a di s t a nce of 1 63 feet , thence South parallel to t he c e nter line of South Bannock Street 101 feet more or l e ss to a point 91 f ee t North of the South line o f said E 1 /2 of S 1 /2 of S 1 /2 of NE 1 /4 of SW 1 /4, thence Wes t parallel to said South line a distance of 1 6 3 feet more or l es s to th e c e nter line of South Bannock, thence North along the center line of South Bannock Street a dist ance of 101 feet more or less to the point of beginning , County of Arapahoe, State of Co lorado. • I • • ( • • • - -12- 3. Tha t the app l ication for rezoning was fil e d by Donald L. Marshall, 60 5 9 South Elati Str eet , Littleton, Colorado 80 1 2 0, who, tog e th e r with hi s wife, He l en , is the owner of the above describe d propert y a nd that the app licant was repr e sente d b y Attor n ey John A. Cri swe ll. 4. That the area which is the s ubj ec t of th is app lication was zo ned R-1, Single-f am ily Re sidence fro m 1 940 t o 1 955 and it was zone d R-2-A, Two-family Res id ence , by Ordinance No . 45 , S e ri e s o f 1955, which z one district permitted a maximum densit y o f two units on a b uild i ng site having a min imu m d e nsity of 9 ,00 0 square feet, a nd that the property having frontage on South Bannock Stree t whic h lies to the sou th of the s ubj e ct s it e was rezoned from R-2-A to B-1 in 1 96 3. 5. That the R-2-A Zone District was repealed by Or di nance No. 30 of 1975 and a n R-2, Me dium Densit y, Zon e District was e nacted by sa id Ordinance No. 30 of 1975. 6. That the subject property , together with a majority of the other property in the City which had been zo n e d R-2 -A, was zone d R-2, Medium De nsity Re side nc e , by Ordinance No . 50 , Series of 1975. 7. That the owners of the s ubj e ct pro pert y were represente d at a p ublic hearing on that rezon ing , with testimony b e ing given that the property s hould be considered separate ly rather than bei ng includ e d with property which was in othe r parts of the Cit y, and that it shou ld be considere d for a different z one c lassification. 8. That thr ee times since 1 9 40, z oni ng has b een imposed on the subject property which made the exis ting u se non-conform- ing rath e r than imposing a zo ning on the property which re- f l ec ted the use of the land. 9. That the property to the north and wes t of the subject site is zoned R-2, Med ium-Densit y Res idenc e and that the property t o the east , s ou t h and southwe st is z on e d B-1, Business, and tha t t h e r equ e sted re zo ni n g would e x te nd the boundary of that D-1 District to include the subject parcel of l a nd . 10. That the s u bject property has 101 f oot of frontage on South Bannock S treet and a d e pth of 133 fee t. 11. That th r are three s mall frame, tw o-unit reside ntial structures approximately 50 years old, on the s u bjec t proper ty, each unit having 350 square feet of floor area . 12. That th se units are in poo r repair a nd do not meet the minimum s tandards of th e R-2 Zone Di st rict as to d e nsity or floor area an d they cou ld not be brought into compliance with the p r ese nt r e gu l ations without reducing the density and th ere by depriv i ng the owner of the income fro m two uni ts. • I • • n n • • • • -13- 13. That the s outh eas t p ortion of the s ubject propert y abuts the p a rking lot fo r the Ch e ck e r Auto Parts and Ye llow Fron t ~u s in esse s , which uses adv e r se l y aff e ct the subjec t proper ty as a medium-density r es ide ntial site , 14. Th a t the Gene ralized Land Use Map of the 1969 Compre- h e nsive Plan, pr oj e cts that the busipess zo ning which is to the eas t and s outh of the su bj ect site wil l, in the future, e xten d west to South Ba nno c k Street and nort h to We st Eastman Av e nue, encompa s s ing the property which is t h e s u bject of this a pplication, 15. That the app licant plans to r e move the six substandard units which are on the subject proper ty and to construct a s mall office building, if the rezoning is approved. 16, That b ec ause of limit e d access to the site, and be- cause of its proximity to a resid e ntial ar e a , an o ff ice build- ing could be compatib le with adjace nt d e v e lopment while more int ense retai l uses would not b e compatib le. 17, That Counse l fo r the applicant state d tha t his client plans to construct a n office building on the site a nd that his client would agree t o l i mit the use of the sub ject property to the following use s by c ov e nants or by any oth e r means approved b y the City Attorne y: I Any use permitted pres e ntly by the Comprehensive Zoning • Or dinan ce in the R-2 M dium De nsity Resi d ence Dis t rict, as the pro pe rty is -presently designate d; plus th e following u ses from the B-1 Zone District: §22 .4-10 b ( 4) (11) (12) (15) (24) (35) (41) (57) (59) (70) (71) (72) (77) (78) (79) (86 ) (94) (107) Any use intende d to provide health tr e atme nt for the payment of a fee; Barber shops; Be auty shops; Book stores; Clinics, dental or medical; E d ucational institutions ; Floral shops ; Laboratori es , dental or medica l; Library or r eading rooms; Office buildings ; Opticians; Optica l an d scientific ins trume nt sh ops ; Pi ctu re framing; Photographic studios; Photostating an d blueprinting Public buildings; Studios; Any similar l a wf ul use which, in the opinion of the Commission is not obj ec tionabl e to nearby property by r eas on o f odo r, dust, fumes, ga s, noise, radiation , h e at, g l a re or vibration or is not hazardous to the h ea lth and property of the s urrounding areas throu g h dan ger of fire or ex plosion • • I • • • I • • • - -14- 18. That the r ecomm e ndation of the Pl a nning Commis sion do e s not bind th e City Counci l and tha t if th e Co mmi ss io n attach e s a c ondition to its recomm e ndation relative to the r ezo ning c a se , s u c h re c ommen dation is advi s or y 'only . CONCLU SIONS 1. That proper notice of the Public He aring on Case No . 7-77 was give n by posti ng the prope rty and by l ega l notice in the o fficia l City newspaper. 2, That because of the proximity of the subject area to land z oned for busin ess use and to business development, the l an d do e s not l en d itself to medium-density residential use. 3. The d e v elopment which has been on the subject property for approximately 50 years has become substandard and the units do not meet the density or floor area requirements of the exist- ing zoning regulations, and to demolish the units and to re- develop the land under the existing zoning, would d eprive the own e r of the use of the land which e xisted at the time of its purchase, 4, That the land was d e veloped at its present density prior to the fi r s t Englewood Zoning Ordinance of record, the 1940 Zoning Ordi nan ce , and since that time z oning has been im p osed on the property which did not reflect the actual use of the land. 5. That since the units we re constructed, the land ad- joining the subject property to the south has been zoned and d e v e lope d for commercial use. 6. That the e xt ension of the B-1, Busin e ss District to include the subject property would be in conformance wi th the 1969 Comprehensive Plan, 7. That there are certain us e s permitted in the 8-1, Business Dis tri ct whi c h would p ermit the property to be re- deve lo ped compat ibly with the adjacent properties; while other uses permitte d in the B-1 Zo ne District would not be compatib le with the adjacent development, 8. That the app lication of the B-1, Business, zo ne cla s sifi c ation to the s u bject property, will conserve and s t ab iliz e th e value of prope rty in t he subject are a and will not c au se u n due c on ce ntration of popu lation, t raffic or stress upon community utilitie s and servi ces and will promote the h e alth , safet y, morals and gen e ral welfare o f all i n a c co rd ance with a compr e hensive plan. • I • • • • • • -15- RECO MMENDATION Th e refore, it is the recommendation of the City Planning and Zoning Commission to the City Council of Eng lewood that the above described area be z oned B-1, Business based on the following cooditions: That the applicant will enter into a Restrictive Cov e nant, 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 bindin g on both parties. Upon vote at the meeting of the Commission on June 21, 1977: Those me mbers voting in favor of the motion: Mr, Lathrop, Mr. Parker, Mrs, Pierson, Mr. Don Smith, Mr, Ed Smith, Mr. Tanguma, and Mrs. Wad~. Those members voting in opposition to the motion: None, Those members abstaining: Mr. Williams. Those members absent: Mr. Owens. By Order of the City Planning and Zoni~ Commission. • I • • - - • • • • • • COUN CI L ACTION REQUEST LIQUOR AND J.2 BEER OUTLETS APPLICANT: Ke nneth E . Chandler Back Door Discount Liquors 5450 South Broadway Englewood, CO 80110 TYPE OF ACTION REQUESTED: Renewal--Retail Liquor Store License POLICE AND FBI REP ORTS : See police report inc luded in packet. PREVIOUS CITY COUNCIL ACTIONS DURING PRI OR TWO YEARS , EXCLUDING ANNUAL RENEWAL : CITY ATT ORNEY'S REVIEW: COMAENTS: • I • • n • I [I fl"OR M ORL •Ol 'Al[V , 9/71) , • • • ST ATE OF COLORADO · DEPARTMENT OF REVENUE A • RENEWAL APPLICATION FOR MALT , VINOUS ANO SP IRITU OUS LIQUOR LICENSES DO NOT ~IT[ IN THIS $~ACE (G ET APPROVAL OF LOCAL LICENSING AUTHORITY FIRST) LIQUOR EN F ORCEME NT OFFI CER 'S A CTIOM H TUI G ETTING ,VPIIOVAL D o, LOC4l LIC.CNS ING tUTHO"ITY , If' 1t£OUUt£D UN TO COLOU,00 Oll'.UTMCN T or "(V[NU[. STAT( C APIT AL ANN(X. UJS SH[IUlll,t,N ST OU.VU .COLO IOHJ lCE5NETH E CHANDLER IlfC BAa DOOR. DISCOUNT LIQUORS 5450 S BBDWY ENGL!WOOD CO 80110 I.JOJ! 1111 l7•1 • I CERTIFY THAT THERE ARE NO CHANGES TO MY ORIGINAL APPLICA TION /J-/£-77 o.arc D1SAPH0Vl0 OAT[ EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE . L-....!!.-=~~~~!..!!!!!!!.~~==~-- NEW TRADE NAME ---------------- SIGNATURE------------------------- (IF THERE IS A CHANGE IN OWNE .RSHIP 00 NOT USE THIS FORM . USE AN ORIG IN AL APPLICATION .) IMPORTANT SEE INSTRUCTIONS ON THE REVERSE SIDE. MANAGER'S NA~E---------~----_...-~---- IF APPLICANT IS.A CO RPORATION. FIL L IN REVERSE SIDE . BUSIN ESS PHONE N0 ._7L.L.'f_,,i'_-_~:__"Y<.::.~....;,V,__ _________ _ MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPARTMENT OF REVEN UE . TOTAL FEE(S I 082178 $177.50 FEE /, • -. r \/. Oo you ha v4"1gal po1M111on g_f",he pr1m11e1 for wtuch th is application for license is 1made ?c_..;,.,cc..S==------------------ Are t he p,omiM(llwnod ot,·;.,.!.cl 1 ,ep,1.,,~A If rented, eff..,tive at expiratipn dolt of 1, ... , ~ -J.7 -75 TP f ·2 7• So Is applicant(1J o;lll dfflc1r1 ·ol #he COIJ)Orat1on: c l t12en (1l o f the Uni ted Statn of America?_.)".!'-e..=';$><-------------------- 11 the applicant, or~n~ of \h . p ;rtn~r,, or en v of the off icers , s1ockhotd1r 1 or direc to rs of said appl icant (If it is a corporation I, or employees of anv such , under the age of tweritv·ona yurs ? __________________ y., ________ No__L Ha s the applicant, or any of the p1rtr,ers , or any o f the officers, stockholders or d irectors of sa id applicant (i f it is a corpora· 110n) eve r been convicted of a felony In the State of Colorado or been conw1cted of I crime-elsewh ere which would connitute e fe lo ny if such crime had bNn co~mitted i n th, State, o f Colo;.d07 If 10, 1t1~;;-u l1 detall'-~-~---'·c.-..:·,_,· Y~•-' _" _______ No__L Has the apphcaot._.or any o.f the partners, or any off teer , director or st ockholder of said ~phc ant (i f it II a corpora\lon ) eve r: {a l been denifd a li cenu under this li quor law1. es, ________ No_L (bl 0 had an ,;coholic beverage lie.en~ suspended or revoked? · _ Ye, / No:::-=::y----A!'~i.G.t'~ Sy ,:-,i)itk,j,w.J, CIT'f co.-/t.11.... '-'U.ZSd ,q,u~]!-. If the ,nswor II yes, upl11n fully (ettech .. pa,11e lhHt, if neededl ,.,,/lu~,:., N-"-,,_.,«,..,r.1..; ,,., u,wzr or ,4~,l,,S "r°ji,<,1£ Do you o r anv merilbtt of your,,family have a ftnanc lal lnterHt 1n ~o"l"tr~u~r~fc:~~ch financia l in terest to l'.'tlude any equ1~y lnterelt Of toantf, lf'\ni'a'J1'Mr -i, yes , explain in detail . Yes o__.C_ -~ '. • 'i ' ; ' -• Don any person, firm or corporation nave I financial interest, evidenced tither by loans or equity ownership in the butinen for wh ich th is lic1nae il requNted ? )r th, answer is yes, state names and addreae11nd amount of such f inancial in terest e,cp ressed either in doll~:,.o,.-~the; It;,,,, of ve~:C.u~h es Inventory , f ur~itu;e, f hctures and equipment Yes ________ No_L___ Lill th e n1m11 and addreues o f all businesse s in which any of the persons 1n the p rev ious qu estion ~re interesttd. Butlneu Add ress .. • I • • (. • \ • • - IF THE APPLICANT IS A CORPORAT.,LON , answer (1), (b), lei, Id), and lei ~ , ta) Orga nized under the law o f the State ot ~.,( "~ _ -------Date ? .. /t.:..l.!!_ ________ _ lb) Prfoc,pal busineu is conducted a6'~-~!.."!Ji,;_II!.....~~~~-, Co unry o t~~. State ot _C'~~!.~--- kl Date o f t,1,ng last annual .corporate re port to the Stcreta,v of St.a IL_ ....:::,-v,,,4 ~'2...n._ __________ _ Id! Name Home Address C 1ty Date of BrT th M o nth , Dav . Y ea r lel P,e,.den,...{1,.,111~ &-~rt(. : ~"~'-f.Lr,~.sJ=·~~=tUY=~Y.t~IW=-~-Y._. ____ : .,:L,,::,.,_7'LT..ee:l.=.no'<=""'"'----L/-"'...:·.c.1!.:I-:...,)/,,,._ lfl v,ce P,e/.-J22;,.,,,c: l"~ 'I l.•2,,-3, Treasu rer -~'/-----~-----------'--------------''"--------"'---- Secretary · ' ,/ II II Manage, /a,l,t/~ E, CAl+,/"4-A. I 'f DIRECTORS l ist 111 Oue<=t o n let ~n, 3 are required bv Law ) ,:,\, 11 .11.,J DATE O F_BJ.R TH (I-//-~ /J.-1-'{Y {The loll OWfng atfldav11 10 t,e11 igned and ecknowledged by 1nd1v1dua1t and each member of partnerships and bv Corporauonl STATE OF COLORADO and ~a!!~'..z.E..-5:~-!;,~r.~u,.~~"-----· being lj)v me f irst dulv sworn, if tor h imself. deposes and says . that he 1f the appl ic ant J-4lcalE!!i!=~=L..---.ll'f the above named corporation.; that ht has read the foregoing appl ic a1 to n and 1hat tie knOW1 the conten\6 tf'ler eol: end th;, efJ711ttrs and th ings therein H t fortt, are true of his own knowledge and he agree, lO eontorm to 111 ru les and regulations promulga\fd by the State Department of Revenue in connectio n therewith . 'S ubsc,~ and,l,'llafn to be.fort.me ,... lnd1v1duals and all members o f partne rsh ip .J .i ~ '.~-t, , ,; 1 • m uu sign here · -· --r ii:;4 . .-. . Attach Seal ' • -' .~j' ·-·-'c..J..--~-'-~------------------- C.fficer of Corporation \ (CORPOR A TE SE.AL) 511111 here : , .. .,R-.....w~. C'~ar-tl2 I"lle. , •• , ,REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY IMeoufecturen, Wholnale rs , lmparterl end Pubttt'. TrantP()f'et1on.fi.)'1temt dkreprd ttli• &ee ti on) The for•9o l n9 application hH D,en e1umi n ed an d the prem l MS , bu,lneu conduct·ed and c h aracter 0 1 the appllcat h satlfac torv, and we do ,ec,ort that such nter le , It 9unted, will meet tht reuo nable r•qulrem•nu o f the nel9nbo rh o od a11d tne oeslHtl o f the l nnab1tana, •nd comp llet with th• c,ro"!lllon 0 1Artic le47, T l tlt 12, C .R .S. 1973 • .. THE All,.0111& THIS Ai-Pl..lCATION IS Hl'Atav "''"0Vll0. OATEO A T,_~--~ Hl5---------DAY O Fc... ________ ,A .O. lt-------- (NAME OF T OWN. CITV ,OR COUNTVJ, _________________ ..._ ___________________ _ s v , /·. ( '>(MA VOR OR C HAIRMAN OF 8 0~RO OF COU N TY COMMISSIONERS OR OTHER TI T LE OF LI CENSI NG A U THO R ITY .) , . AT TEST1 '";I •'.·~~ -,. 1 :: ~)' :(CLERK OR SEC R ETARY OR OTH E R OFFICER HAVING THE O FFICIAL SEAL OF THE LICENSING AUTHOR IT Y .) (II the premi ses are lot•t•d withi n a town or city , the above a p p roval snould be •loned by the mayor and c te rk, If In a county, then by tlHI chai rman 0 1 tne b o ara o t coun~ com m lul o •it.,s'anci o,e cl111(. to the boafa. Jt, by ord l ance or otntrwl lt, tha local licensing autharnv Is some other o fficial, tnen su ch approva l shou l d oe • ,,.:•;;;'';;;•";;,;,°';.,;;'";;;c";.;.;•;;";;'';;'•,;;,'·l~=========================================== • ,, 1· NOTICE t . '·TO INSUifE THAT YOUR LICENSE IS ISSUED ON TIME , IT IS IMPORTANT THAT THIS DOCUMENT , WITH YOUR STATE FEE REMITTANCE , BE AT THE COLORADO DEPARTMENT OF REVENUE , STATE CAPITOL ANNEX BUI LOI NG , 1375 SHERMAN STREET, DENVER, NO LATER THAN DECEMBER 1. • I • • - • 0 • • MEMORAND U M ------------- TO: F ROM: DATE : Andy McCown , City Manager Ernest P. Romans Director, Parks & Recreation Jun e 16, 1977 • • • Scl SUBJECT: CONSUMPT lON OF BEER IN PARKS At the last meeting of the E ngl e wood Parks & Recreation Commission, motion was passed that recommendation be made to City Council to allow beer consumption in ci t y parks for a trial period of one year . (see attached) My personal feeling is that while l do favor consumption of bee r with picnic meals in the parks, l have seri ous r eservations in allowing consumption of beer at ball games and allowing groups of you ng people t o have drinking parties in th e park s . firmly believe it i s the misuse of beer drinking that i s the proble m and not the occasional beer that park users may consume . lt is also thi s misuse that calls for a great deal m or e supervision by the police to keep parks clear of noisy irritating people. This behavior i s offe nsive to many park users which will in time cause many citize ns to stay away from E ngl e wood parks. ln summary, l would personally like to see be e r consum ption allowed in the parks but it must be acco mpanie d by a r e sponsive adequate park patrol. ~2 Ernest P.RFan s Dire ctor, Parks & Recreation e nc. • I • • 0 • • - .r Pa rks & Re creation Commis s 11 ,n Minutes o f June 9, 1 q77 (j, • Pa e -4- ha t the youngs t e r s ha ve expressed t heir nt:!ed for thi s program ove r th e year s . Mr . Hew itt said ways to mes h the Jr. America n foothall pro~ram with th e s chool program s hould be looked at and if th e Commission fe e l s it necessary there can be further discussion at s ome fut1ir c lillll'. A memo fr om til e C ity Manager r e garding consumption of beer in city parks ... was received. City Cou ncil ha s reque s t e d the Cit y Attorney to prepare an ordinance allowing for the consumptio n of 6% bee r in city parks but before proceeding with this City Council would like some input from th e Commission. The City Manager asked that this be discussed and report made back t o him immediate ly. Mr. Ro yth e r said he feels pro- blems will be great ly incre ased es pec ia ll y a t s oftba ll games if drinking i s allowed. Mr. Brown said he fee ls this s ho uld not be a llowe d because with the pre se nt ordinance we now have some protec tio n for til e ave rage citizen. Mr. Ma nn s aid he fe e ls the problems would be reduced with this c hange in th e ordi nance . Th e faqttf1at now a lot of E nglewood organizations do not use th e l::ng l e wood ci t y park s fo r t he ir pic ni cs because th e y are not allowed to drink be e r. Mr. He witt s uggested that thi s m ig ht be a llow e d for a trial period to see if it would work and ha ve the ordinance s tate a de f,ini t e time period. Afte r lengthy discu ssion, Brown move d, Howa rd seco nd ed, that recom mendatio n be made co City Council that we do not allo w beer cons umption in c ity park s . Yes: Howard and Brow n. No : Mann, C u s hing, I le witt. TI1 e motion was defe ated. Mann moved, Cus hing sec onded , that recomme ndation be made to C ity Council that beer con sum ptio n be all owed in c ity park s o n a trial ba s i s for a period of one year at which time the ordinanc e would cease to be looked at a ga in with regard t o problems l there may have been , h w e nforceabl e the law ha d been , e tc. Yes: Cu s hing, Hewitt, Mann, How a rd. No: ll r own. The m othm wa s carried . • • ,.,, I • • -• • • • • MEMORANDUM TO TIie LNGU::wooo C ITY COLJNC [L REGARD ING RECOMMENDATION OF THE P1\RKS & REC l{EATI O COMMISSION DATE: June 9, 1977 SUBJECT: BEER CONSU MPTlON 1N PARKS RECOMMENDATION: That th e E ng le wood Ci t y Council pa s s an ordinance a llowing for th e c..,.,sumrt ilm ol' 6% beer in city parks 011 a trial ba s i s for a period of o ne (L) ye ar at which time th e ordinance wo uld ccatie to be looked at again with r l!g ard to problems th('r e m;i y ha vc heen , how e n forC(-able til e ordina nc e was, etc. By or der of til e Engle wood Parks & Recrea ti o n o mmis s ion • I • • - • • • • • ME MORANDUM TO : FROM : DAT E: SUB JECT: Andy McCown , City Manager Robe rt R. Hot mes , Chi et of Po lice J un e 20 , 1977 CON SUMPT ION OF tiEER IN PARKS In a previous di scussion regarding t he p r oposed o r di nance change to al low t he cons umpti on o f 6% beer in our parks , I indicated to you that my fi r st reaction wa s i n favor of the chan ge . However , in t he past few days I have ha d an opportunity to r~flect fu rt her o n the proposal and discuss it with my s taff. We ha ve been fortunate th a t t hJ counci I in the pas t has create d o rdinance s p roh ibiti ng the consump t ion o f alcoholic beverages in the parks. Tho ugh the enfo r cement o f thi s has not always been easy and occasionally appeared rather petty, in t he g reate r sense it has been fair I y we I I a ccep t ed by th e ma jority o f the r eg ular pa rk users and , as a res ult , Eng l ewo od p a r ks have been relative ly f ree of disorderly parties and associated undesirable pe rsons. It appears by t he number o f persons usi ng the parks t ha t Engle wood parks are th e most popular recreat ional faci I ities in the area. One of th e primary objections t o the ex i st in g ordin ance is t hat large Eng l ewood based o r ga ni zations feel t hat t hey are depr ived of the use of the Eng l ewood parks fo r their annual organi zation al picn i cs because of the bee r p r ohibition . Perhaps there is some merit to this concern. However , to al low the consump tion of 6% bee r on ly wo uld p resen greater concerns t o the po li ce department . 1. The a dul ts who may wish t o d r ink o ne o r tw o cans o f 3 .2% beer with a p i cnic lun ch would be fo rced t o d ri nk beer with a g reater alcoho l i c content . 2 . Pa r k police would hav to make routine inspections of al I beer being cons umed in the pa r k to de termine the a l coho li c content. 3 . We can anticipate large amounts of beer being consumed by sc,ftbal I ga me s pectators at ni gh t and many othe r sports eve nts that often creat e competition and arouse emo tion. Of ten these situat i ons result in a more sp irited expre~sion o competi tion to the point of distu r bance and phy s ical conf lict . • I • • - • • • • • • -2- Therefore, I feel I must change rrry position and recorrrnend against the ordinance change as proposed. As an alternative , I would suggest th at th e existin g ordinance be changed to provide for the issuance of special permits to be app roved by counci I al lowing the cons umpti o n of 3.2% beer on l y by members of organizations to which the pe rm i t had been issued . This kind of arrangement would al low o r ganizations to obtain special pe r mission , along with their reservations , with prior approval from city s taff and counci I to have annual picnics with beer of th e least alcoholic content. ~~~ Chief of Pol ice RH/ez • I • • ' • • • • • INTRODUCED AS A BILL BY COUNCILMAN WILLI AMS BY AUTH ORITY ORDINANCE NO. _Jj__, SERIES OF 1977 AN ORDINANCE APPROVI NG A CONTRACT BETWEEN THE CITY OF ENGLE- WOOD ANO THE STA TE OF COLORADO, DEPARTMENT OF HIGHWAYS, CON- CE RNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood, Colorado, is des irous of entering into a contract with the State of Colorado, De- partment of Highways , wh ich requires the City to maintain 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 Colo r ado sha ll enter into a contract captioned "Contract for Ope ration and Maintenance of Traffic Control Devices" wh e r e by th e City shall install, operate, maintain and control at Sta t e expense traffic control devices on state highways with- in the Ci ty of Englewood which is attached hereto, consisting of seven (7) typewritten pages and is hereby incorporated herein by reference . Said instrument provides as follows: 1. That prior contract of July 1, 1974 is null and void. 2. The City shall ma intain traffic control devices on state highways within the City of Englewood as dire cted by the State. 3. The City shall notify the State of those devices maint ained . 4. The total cos t for said services .shall be pa id by t he State to t he City and not exceed Thirty- Six Thousand Seve n Hundred and Eight Dol lars ($36,708 .00) e x cept by written a g r eemen t. The rates charged by the City f or service shall be as set forth in Exhibit "B" of said agree- ment. -1 - • I • • • 0 • • • • 5 . The traffic control devices s h all conform to the "Manual on Uniform Traffic Control Device s" and the "Colorado Supplement". 6. The State reserves the right to monitor and require any deficiency to be brought into compliance within a reasonab le time; and the State reserves the right to correct any de- ficiency and deduct the a ctual cost therefore from the payment to the City. 7. The City shall maint ai n adequate re cords to insure that traffic control devices.are properly performing their fu nction. 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 shall be for a period of one (1 ) year, and prior to termination, the City and State shall meet to determine rat es to be charged for a subsequent year . 10. Attached to said agreement and forming a part thereof is Exhibit "B" containing rates for traffic signals at Eighty-Four Dollars ($84.00) per signa l per month; signing and striping at One Hundred Twenty-Five Dollars ($125.00) per mile per month. 11. Special provisions include approval by State Controller, availability of Sta e funds, dis- crimination and affirmative action require- ments, Colorado labor preference , requirement of comp liance with all State laws a,~ that the signatoriesaver that no State em ployee has any personal or beneficial i nterest whatsoever in said contrac t. Section 2 . The City Coun cil of the City of Englewood, Colorado, hereby authorizes the Mayor of the City of Englewood, Colorado, to sub- scribe his name to said contract for and in behalf of the City Coun cil and the Ci ty of Englewo od, Colorado, and the Director of Finance, ex of f icio City Clerk-Treasurer attest the same and e xecute the same. -2- I • • - • • • • • Introduced , read in full and passed on first reading on the 5 th day of July, 1 9 77. Published as a Bil l for 3n Ordinance on the 13th day of July, 1977. Read by title and pas s ed on final reading on the 1st day of August, 1 9 77. Published by title as Ordinance No. on the 3rd d ay o f Au gust , 1977. Mayor ATTEST: ex officio City Clerk-Tre asurer , Series of 1977, I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1977. ex off icio City Clerk-Treasurer -3- • • I ( 0 ( • • • • INTRODUCED AS A BILL BY COU NC ILMAN WILL IAMS BY AUTH ORITY ORDINANCE NO. , S ERI ES OF 1977 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 desirous of entering into a contract with the State of Colorado, De- partment of Highways, which requires the City to maintain 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 for 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, consisting of seven (7) typewritten pages and is hereby incorporated herein by reference. Said instrument provides as follows: 1. That prior contract of July 1, 1974 is null and void. 2. The City shall maintain traffic control devices on state highways within the City of Englewood as directed by the State. 3. The City shall notify the State of those devices maintained. 4. The total cost for said services shall be paid by the State to the Ci ty and not exceed Thirty- Six Thousa nd Seven Hun d r e d and Eight Dollars ($36 ,7 08.00) except by written agreement. The rates charged b y the City for service shall be as set forth in Exh i bit "B" of said agree- ment. -1- • I • • • • • • 5. The traffic control devices shall conform to the "M anual on Uniform Traff i c Control Devices" and ti'.e "Colorado Sup p lement". 6 . The State rese rves the right to monito r and require any defic iency to be brought i nto compliance within a reaso nable time; and the Sta t e r e s e rves the right to cor rect any de- f i cien cy and deduct the actual cost therefore f r om the payment to the City . 7. The City sha l l maintain adequate records to i nsure that traffic control devic e s are properly performi ng their f unction. 8. The City shall hold t he State harmless so f ar as it legally may for the act ions of the City 's employees or agents . 9 . The contract shall be for a period of one (1) year, and prior to termi nation, the City and State shall meet to d etermine rates to be charged for a subsequent ye ar. 10. Attached to said agreement and forming a part thereof i s Exhibit "B" containing rates for t raffic signals at Eighty-Four Dollars ($84.00) pe r signal pe r month; signing and stripin g at One Hundred Twe nty-Five Dollars ($125.00) per mile per month. 11. Special provisions include approval by State Controller, a vaila bi lity of State funds, dis- crimination an d affirmative action require- ments, Colorado labor prefe r ence, r equirement of compliance with all State laws and that the signatories aver that no State employee has any personal or benef icial interest whatsoever in said contract . Section 2. The City Council of the Ci t y of Englewood , Colorado, here by authorizes the Mayor of the City of Engl e wood, Colorado, to sub- scribe his name to said contract for and in behalf of the City Council and the Ci ty of Englewood, Colorado, and the Director of Finance, ex officio City Cle rk-Treasurer attest the same and execute the same. -2 - I • • ( • • • • Introdu ced, read in fu ll and passed on first reading on the 5th day of July , 19 77. Published as a Bill for 3n Ordinance on the 13th day of July, 1977. Read by title and passed on final reading on the 1st day of August, 197 7. Publis hed by title as Ordinance No. on the 3rd day of Aug st, 1977. Mayor ATTEST: e x officio City Clerk-Treasurer , Series of 1977, I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ord inance, passed on final readi ng and published by title as Ordinance No . , Serie s of 1977. ex officio City Clerk -Trea s urer -3- • • • I • • - f ( • • • • INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO . _it_, SERIES OF 1977 AN ORD INANCE VACATING A PORTION OF THE 2 700 BLOCK OF SOUTH ELATI STREET AND A PORTION OF THE 400 BLOCK OF WEST YALE AVENUE, LYING AND BEING WITHIN THE CITY OF ENGLEWOOD, ARA- PAHOE COUNTY, COLORADO . WHEREAS, there presently exis t s public ways known as the 2700 Block of South Elat i Street and the South one -half (1/2) of the 400 Block of West Yale Avenue within the City of Englewood; and WHER EAS, the City and County of Denver is commencing vacation as a public way the North one-half (1/2) of the 40 0 Block of West Yale Avenue; and WHEREAS, the Planning and Zoning Commiss ion of the City of Englewood r ecommended that a portion of the 2700 Block of South Elati Street and a portion of the 400 Block of West Yale Avenue be va cated , r e taining however, certai n ea sements as hereinafter more particularly described . NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the following-desc ribed portions of public streets located with in the City of Englewood, Arapahoe County, Colorado, being known as the 2700 Block of South Elati Street and the So uth one-half (1 /2) of the 400 Block of West Yale Avenue be and the same is hereby vacated: PARCEL "A" 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. 34 190.2 ft. to the true point of begin n ing; thence contin uin g 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 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 63°44 '30" a distance of 3 3.45 ft . to the true point of beginning; said parcel containing -1- • I • • ,.. n ( • • • • 0.109 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, Twp. 4 S, Rge. 68 W of the 6th P .M.; t hen ce 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 tr ue point of beginning; thence continuing along said line a distance of 600 ft . to the extended N line of West Amherst Avenue; thence on an an g le 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 36.65 ft. to the 'E line of South Elati Street; thence on an angle 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, mo re or l ess , in the County of Arapahoe, State of Colorado. The City hereby expressly reserves to itself, its assigns, appointees and licensees, easements for unde rg round utility 1~nes, pipes and structures as presently existing or constructed in the futu~e and suc h above surface devices as are nec es sary fo r the maintenan ce of said underground fa ci lities, on the following-described proper ty: 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 l i n e of Sec. 34 190.2 ft. to the true point o f beginning; thenc e continuing along said line 1 65 .8 f t. 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 We st 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 63°44' 30" a distan ce of 33.4 5 ft. to the true point of beginning; said parcel co ntai ni n g .1 09 acres, mo re or less, in t he County of Arapahoe, State of Colorado. PARCEL "B" Beginning at the NE corner, NW 1 /4, NW 1/4 of Sec. 34; ~wp . 4 S, Rge. 68 W of the 6th P.M.; thence W along the N line o f Sec . 34 a distance of 3 56 ft. to the W line of South Elati Street; then ce on a n 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 • • ....... ...... • • • • - poi nt of beginning; the n c e continuing alo n g said line a dis- tance of 600 ft . to the extended N line of We st Amherst Avenue; then ce on an ang le to t he left of 90° and along said line a di stance of 28.26 ft.; thence on an angle to the left of 30° a dista nce of 36 .6 5 ft . to the E line of South Ela ti Street ; thence on an angle to the left of 60° a nd alo ng said line a di stance of 581.6 7 ft. to the S line o f We st Yale Avenue; thence 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. thereof; said parcel containing 0.550 acres, more or less, in the County o f Arap ahoe , Sta te of Colorado . The party, owner or possessor of any right to the property vacated by this easement shall not in any manner restri ct , hinder or injure t h e right of the City, its assigns, appointe es or licensees or their facilities. Under no circumstances sha ll any activity take place that would damage, hinder or restrict the use of the easement by the City, its assigns and licensees or its facilities. The party, owner or possessor of the right to any portion of the property va cated shall be liable for any damage ca us e d by it to the underground facilities exi sting or constructed and those surface devi ces necessary. Sho uld ma intenance or construction be undertaken, it shall be the responsibi l ity of th e party in possession to remove fr om the surface of the e asement any item obstructing the main tenance o r c onstructi o n. No structure shal l be constructed on the easement other than normal grading and asphalt surfacing for parking or road purposes. The City shall replace the surface of the easement to its normal grade and r epair any a sphal t damaged or removed in the co urse of con struction or ma intenance. The assign s, appointee s or licen sees of th e City , and not t h e City , s hall be responsible to retu rn the surface of the eas emen t to its normal g r ade and repair as pha lt damaged or removed in the co urse of con struction or maintenance of the i r existi n g facilities or fa cilities c on- structed in t he future. Introduced, read in full and pa ssed on first reading on the 5th day of July, 19 77. Published as a Bill for an Ord inance on the 13th day of July, 19 7 7. Read by title and passed on final reading on the 1s t da y of August , 1977 . -3- • I • • - ( 0 • • • • • Publis hed by title as Ordinance No. on the 3rd day of August , 1977. Mayor ATTEST: ex officio City Cle rk-Treasurer , Series of 1977, I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and pub lished by title as Ordinance No. , Se rie s of 1977. ex officio City Clerk-Trea surer -4- I • • (. ( • • • • INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. , SERIES OF 1977 AN ORDINANCE VACATING A PORTION OF THE 2 700 BLOCK OF SOUTH ELATI STREET AND A PORTION OF THE 400 BLOCK OF WEST YALE AVENUE, LYING AND BEING WITHIN THE CITY OF ENGLEWOOD, ARA- PAHOE COUNTY, COLORADO. WHEREAS, there present ly exists public ways known as the 2700 Block of South Elati Street and the So uth one-half (1/2) of the 400 Block of West Yale Avenue within the City of Englewood; and WHEREAS, the City and County of Denver is commencing vacation as a public way the North one-half (1/2) of the 400 Block of West Yale Avenue; and WHEREAS, the Planning and Zoning Commission of the City of Englewood recommended that a portion of the 2700 Block of South Elati Street and a portion of the 400 Block of West Yale Avenue be vacated , r e taining however, certain easements as hereinafter more particularly described. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the following-described portions of public streets located within the City of Englewood, Arapahoe County, Colorado, being known as th e 2700 Block of South Elati Street and the South one-half (1 /2) of the 400 Block of West Yale Avenue be and the same is hereby vacated: PARCEL "A" 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. 3 4 190 .2 ft. to the true point of beginning; thence contin uin g along said line 165.8 ft. to the W line of South Elati Stree t; thence on an angle to the left of 90° and along the W line of South Elati Street a d i stance of 30 ft. to the extended S line of West Yale Avenue; thence on an angle to the l eft of 90° and along said line a distance of 151 ft.; thence on an angle to the left 63°44'30" a dista nce of 33 .45 ft. to the true point of beginning; said parcel containing -1- • I • • l ( • • • - 0 .1 09 acres, more or less, i n the County of Arapahoe, State of Colo rado. PARCEL "B" Begi nn ing 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.; then ce w along the N line of Sec . 34 a distan ce of 356 f t. t o thew line of South Elati S treet; thence on an angle to the left, of 90° and along the W li ne of South Elati Stree t a distanc e of 30 ft. to th e true point of beginn ing ; thence cont inuin g along said line a distance of 600 ft. t o the ex tended N line of West Amher st Avenue; thence on an an gle to the left of 90° and along said line a distance of 28.26 ft.; the nce on an angle to the left of 30° a distance of 36.6 5 ft . to the E line of South Elati Stree t; thence on an angle to the left of 60° and along said line a distance of 58 1.6 7 ft . to the S line of West Yale Ave nu e ; thence on an an gl e to the left of 90° a distance of 60 ft . to the t rue point of beginning; said pa rcel containing 0.820 acres, more o r less, in the County of Ar apahoe, State of Colo rado. The City hereby e xpressly reserves to it self, its assigns , appoi ntees and licensees, ea s e ments for underground utility l ine s, pipe s and structures as presently existing or constructed in the future and such above surface devices as are necessary fo r the maintenance of said underground facili ties, on the fo llo wing-de s cribed property: PARCEL "A " Beginning at the NE corner, NW 1 /4, NW 1 /4 of Sec. 34, Twp. 4S, Rge. 68 W of the 6 th P .M.; thence W along the N line of Sec. 3 4 19 0 .2 ft . to the true point of b egi nning; thence continuing along said l ine 1 65.8 f t. to the W l ine of So u th Elati Street; thence on an angle to the left of 90° and alon g the W line of South Elati Street a distance of 3 0 ft. to t h e ex tended S line of We st Yale Av enue; thence on an angle to the l e ft of 90° and along sa id line a distance of 1 51 ft .; thence on an ang l e t o the le ft of 63°4 4 '30 " a distan ce of 33.4 5 ft. to the true point of beginning; said parcel containing .109 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 ; Twp. 4 s , Rg e . 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 Sou th Elati Street; then ce on an angle to the left of 90° and along the W line of South Elati Street a distan ce of 30 ft. to the true -2- • I • • n n ( 0 ( • • • • poi nt of beginning; thence continuing alo n g said line a dis- tance of 600 ft. to the extended N line of West Amhe rst Avenue; t he nce on an angle t o the left of 90° and along sa id line a distance of 28.26 ft .; thenc e on an angle to the left of 30° a distance of 36.65 ft. to the E line o f So uth E lati Street; the n c e on an angle to the le ft of 60 ° and a l ong said line a di stance o f 5 81. 67 ft. to the S li ne of West Ya le Avenue; t hence on an an gl e to the left of 90° a distance of 60 ft. to the true point of beginning; except the easterly 20.0 ft. the reo f ; said parcel containing 0.550 acres, more or less, in the County o f Arapahoe , S tate of Colorado. The party, owner or possessor of any right to the proper ty vacated by this easement shall no t in any manner restrict, hinder or injure the right of the City, its assigns, appointe e s or licensees or their facil itie s. Under no circumstances shall any activity take place that would damage, hinder or r es trict the use of the easement by the City, its assigns and licensees or its facilities. The party, owner or possess o r of the right to any portion of the property vacate d shall be liable for any damage caused by it t o the underground facilities exi sting or constructed and those surface devices necessary. Sho uld maintenance o r construction be undertake n, it sha ll b e the responsibility of the party in possession to remove from the su rfac e of the e as ement any item obstructing the maintenance or construction. No structure sha ll be constructed on the easement other than normal grading a nd asphalt surfacing for parki ng or road purposes. The City shall repl ace t he surface of the easement to its normal grade and r epair an y sphalt damaged or removed in the co urse of co nstruc tion or maintenance. The assign s, appo intee s o r licensees of the City , and not the City, shall be responsible to ret urn the surfa ce of the easemen t to its normal grade and re pai r asphalt damaged or removed in the co urs e of con s truct ion or mainte nance of their existi n g facilitie s or f acilities con- structed in the futur e. Introduced, read in fu ll and passed on firs t reading on the 5th day of July, 1977. Published as a Bill for an Ordi nance on the 13th day of Jul y, 197 7. Read by titl e and passed on final reading on the ls of August , 19 77. -3- day I • • - ( • • • • Published by title as Ordinance No. on the)rd day of Augu st , 1977. Mayor ATTEST: ex officio City Clerk-Treasurer , Series of 1977, I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1977 . ex officio City Clerk-Treasurer -4- I • • ( ( • • • • INTRODUCED AS A BILL BY COUNCILMAN MA NN • BY AU THORIT Y ORDINA NCE NO . ~, SERIES OF 1977 AN ORDINANCE AMENDIN G SECTION 48, CHAPTER 3, TITLE XV OF THE 1969 ENGLEWO OD MUNICIPAL COD E ELIMINATING THE REQUIRE- MENT OF A NOZZLE OR A MINIMUM APERTURE IN THE SPRINKLING OF GARDE NS, LAWNS AND THE WASHI!~G OF SIDEWALKS . NOW , THE REFO RE, BE IT ORDAINED BY THE CIT Y COUNCIL OF THE CITY OF ENG LEWOOD, COLORADO, AS FOLLOWS : Section 1. That S ec tion 4 8 , Chapte r 3 , Title XV of the 19 69 Engle- woo d Municipal Code is hereby amended to r ead a s follows: 15-3-48: WASTE OF WATER. Wate r shall be us ed only for bene- ficial purposes and shal l n e v er be wasted .· Water shall not be l eft running to keep pipes from freezing. Wat er for irri- gation of lawns shall only be u sed during the ho urs and in the ma nner specified by the Director of Util itie s. Sprink- i±n9-0£-9arden~,-i awn~-and-wa~hin9-0£-~idewark~-or-other -ottt - ~ide-water -tt~ed-~haii-be-done -onry-by -n~e-of-a-nozzie -or nozzie~~--ha vin9 -a n-otttfiow-apertttre-no-iarger-than-one -fo ttrth ~if4t-ineh-in-diameter. No spray or sprinkler shall be placed in a position to throw water on a public walk, drive way, stree t or alley while irrigating adjacent areas, e x cept insofar as ma y be abso lute ly necessary . Introduce d , read in f ul l and passed on first reading on the 18th day of July , 197 7. Publis hed as Bill for an Ordinance on the 20th day of July , 1977 . Read by title and passed on final reading on the 1st day of August, 1 97 7. Publ ished by title as Ordinance No. on the 3rd day of August, 1977. Ma yor , Series of 1977, , I • • - - • ( • • • • ATTEST: e x officio City Clerk-Treasurer I, William D. James , do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final r eading and published by title as Ordinance No . ~~-' Serie s of 1977. ex officio City Clerk-Treasurer -2 - • I • ( • • • • INTROD UCED AS A BILL BY COUNCILMAN MANN BY AUTHORIT Y ORDINANCE NO . , SERIES OF 1977 AN ORDINANCE AMENDING SECTION 48, CHAPTER 3, TITLE XV OF THE 1969 ENGLEWO OD MUNICIPAL CODE ELIMINATING THE REQUIRE- MENT OF A NOZZLE OR A MINIMUM APERTURE IN THE SPRINKLING OF GARDENS, LAWNS AND THE WASHIUG OF SIDEWALKS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section l. That Section 48, Chapte r 3, Title XV of the 1969 Engle- wood Municipal Code is hereby amended to read as follows: 15-3-48: WASTE OF WATER. Water shall be us ed only for bene- ficial purpos es and shall never be wasted.· Water shall not be left running to keep pipes from freezing . Water for irri- gation of lawns shall only be used during the hours and in the ma nner sp ecified by the Director of Utilities. Spr±nk- i±n9-0£-9 arden9 1-iawn9-and-wa9h ±n9-0£-9±dewaik9-or-other-ottt - 9±de -water-tt~ed-9haii-be-do ne -oniy-by-tt9e -0£-a-no~zie-or nozzie97 --hev±n9-an-ottt£iow-apertttre-no -iar9er -than -ene-£ettr th ~i/4t-±neh-±n-d±ameter. No spray or spr inkle r shall be placed in a position to th r ow water on a public walk, driveway, street or alley while irrigating adjacent areas , except insofar as may be absolutely n ece ssary. Introduced , read in full and passed on first reading on the 18th day of Ju ly, 1977. Published as Bi l l for an Ordinance on the 20th day of July, 1977 . Read by title and passed on final reading on the 1st day of Aug ust, 1977. Published by title as Ordinance No. on the 3rd day of Augus t , 1 97 7. Mayor , Series of 1977, I • • - ( { • r • • • • ATTEST: e x officio City Cl e rk-Tre asurer I, William D. James , do hereby certify that the above and foregoing i s a true , acc urate and compl e t e copy of the Ordinance, passed on f inal r e ading and published by title as Ordinance No. , S e ri e s of 1977. ex officio City Clerk-Treasurer -2- • I • • n n ( ( ( • • • • INTRODUCED AS A BILL BY CO UNCILMAN _lu, L A BILL FOR AN ORDIN ANCE AMENDING SUBSECTION (a) OF SECTION 16, CHAPTER 3, TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE , BY REQUIR- ING THE OWNERS OF ALL PROPERTY HAVI NG CONNECTION TO THE CITY WATER SUPPLY TO INSTALL APPROVED WATER METERS UPO N THE SALE, o il-- TRANSFER 0 :R::a:W.VI?I ,Ul::WC:C6£.ttlt:3Y OF SAID PROPERTY . WHEREAS , the Englewood Wa er Board meeting in Specia~ Session of Marc h 29 , 1977, r ecommended o the City Coun cil a method whereby gradual metering would take place o ver a period of time upon the sale!' transfer 9 1! cl1&11ge i::.f scur ~of all existing unm etered ac co unts; and WHEREAS , the City Council, having considered va rious proposals for c pital improvemen sand th cost hereof o provide additional water treatment, finds tha a gradual ch ange over to metered service of all unme tered accounts wou l d be in th e best interest of the r esiden sand ci iz ens of the City of Englewood , Colorado . NOW, THEREFORE, BE IT·ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLL OWS: Sec t ion 1. That Subsection (a), Sec tion 16 , Chapter 3, Titl e XV of the 1969 Englewood Mun l cipal Code is hereby am ended to read as follows : 15-3 -16: ME TE R REQUIREMENTS: (a) ALL OWNERS OF PROPERTY HAVING UN- ME TERED WA TER SERVIC E SHALL BE REQUIRED TO INSTALL APPROVED WAT ER METERS WITHIN THIRTY (30) DAYS AFTER THE SALE .~TRANS- FER ~ S:mTTFrvaccm1 EPlI OF THE SAID PROPERTY RECEIVING WATER SERVI CE THROUG H CON ECTION TO THE CITY WATER SUPPLY . WHEN EVER A METE R IS TO BE INSTALLED, IT SHALL BE SUPPLIED BY THE WATER DIVISION AT THE OWN ER 'S CO ST. The rate s for me t ered service shall be fixed by Reso- lution of the Ci t y Council ; provided, • 0 I • • ....... ( ( 0 ( • • • - howeve r, tha t one bill for all water use d , consi s ting of th e s um of minimum cha rge s for each me ter used and a single quantitat i v e charge for all water used, may b e issued in the following cases : (1) Where water service i s t ken through a combination of meters, or thro ugh on two (2) or more service pi p es , if water serviced through each of such meters and s e rvice pipes shall be delivered and used on the same property holding in the pro- secution of one (1) gene ral purpose , or a single e nterprise on an i ntegrated hold- ing of land, undivided by public streets, roads or alleys. (2) For all p ubli c schools, even though the meters may be situated in s epa rat e properties . Introduced , read in full and passed on first reading on the 1st day of August, 1977. Published as a Bill for an Ordina nce on the 3rd day of August, 1 977 . ATTEST: Mayor ex officio City Cle rk-Treas urer I , William D. J a mes , do hereby certify that the above and foregoing is a true , a cc urate and complete copy of the Bill for Ordinance, pa ssed o n final reading on August 1, 1977 and published by title for an Ordinance on August 3, 1977. exofficio City Clerk-Treasurer -2- I • • In ( ( ( • • • INTROD UCED AS A BILL BY COUNC ILMAN A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 16, CHAPTE R 3 , TITLE XV OF THE 1969 ENGLE WOOD MUNI CIPAL COD E, BY REQUIR- ING THE OWNERS OF ALL PROPERTY HAVING CONNECTION TO THE CITY WATER SUPPLY TO INSTALL APPROVED WATER METERS UPON THE SALE, TRANSFER OR CHANGE IN OCCU PANCY OF SAID PROPERTY . WHEREAS, the En glewo od Water Board mee ing in Special Session of March 29 , 1977, recommended to Lhe City Council a method whereby gradual mete ring would Lake place over a riod of time upon the sale , t rans fe r or change of occu- pancy of all e xi sting unm etered accounts ; and WHI:.REAS, the City Council , having co n sidered various proposals for capilal improvements and the cost h ereof o provide a ditional wa e r treatment , finds thaL a gradual change over to met red serv i ce of all unme t ered accounts would e in the besL interest of h e residents and citize ns of the City of Englewood, Co lorado . NOW, THEREFORE, BE I T·O RDAINED BY TH E CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS F OLL OWS: Sec tion l. ----- That Subsection ( ) , Section 16 , Chapter 3, Title XV of the 1969 Englewood Mu nicipal Code is h ereby amend e d to read as follows: 15-3 -16 : METER REQUIREMENTS : (a) ALL OWNERS OF PROPERTY HAVING UN- METERED WATER SERVICE SHALL BE REQUIRED TO INSTALL APPROVED ATER ME TERS WITHIN THIRTY (30) DAYS AFTER THE SALE , TRANS- FER OR CHANGE IN OCCUPA CY OF THE SAID PPOPERTY RECEIVl 'G ATER SERVICE 'l'HROUG II c o· ECTION TO THE CITY WATER S UPPLY . WHENEVER A METFR IS TO BE INSTALLED, IT SHALL BE SUPPLIED BY TllE WATER DIVI S ION AT THE OWN ER 'S CO ST . The rats for metered servi ce shall be fixed by Re so- lutio n o f Lh e City Council; provid e d, • I • • - • • • • • • • however, that one bill for all water used, consis ting of the sum of minimum charges for each meter used a nd a single quantitative c h arge for all water used, may be issued in he following cases : (1) Wh ere water service is take n through a combination of meters, or through on two (2) or more s e rvi ce pipes, if water serviced t h r ough each of such me t e r s and servi ce pipes shall be delive red and used on the same property holding in the pro- secution of one (1) gene r al purpose , or a single en terprise on an integra ed hold- ing of land , undivided by public streets, roads o r alleys . (2) For all p ublic schools, even though the met e rs may be situated in separate p roperti es . Introduced , read in full and passed on first reading on the 1st day of August, 1977. Published as a Bill for an Ordinance on the 3rd day of August, 1977. ATTEST: Mayor e x officio City Clerk -Trea surer I , William D. James, do here b y certify that the above and fo r egoi ng is a true, acc urate and comple e copy of the Bill for Ordinance , passed on final reading on August l, 1977 and published by title for an Ord i n ance on August 3, 1977 . ex offic io City Clerk-Treasurer -2- • I • • • • • • • • _MEMORAN DUM To : Ma y o r Ta y lor & City Cou 11L 11 Me mbers From: Andr ew Mccown, Cit y Manage r Da l e : J uly 18 , 1977 Subj ec t: Six-Quarter Bu d g t All ac hed is the S lx-Quarter Budget for the peri od July 1977 through December 1978. A resolution adopting it and the current status control is enclo sed for your con- sideration . The following a re s ugge s ted c hanges in the bu dget whic h have been j n c orporated. 1977 BUDGET CHANCES: 1. River De v elopment -It appears that t h e City i s reaching a se t tlement with Winslow for the golf course land in the amoun t of $1,200,000 . In orde r to fund the $1,200,000 t he City Council needs t o authorize an appro priation of $363,274 from storm drainage, $105 ,000 from general fund fund balanc e, plus the $732,000 balanc e in river development to pa y the full c ost of this land. The $363,274 is mo ney o rigina l l y appropria t ed to storm drainage using revenue sharing funds. Ac cording to t h e new revenue sharing guidelines, we will have to hold two h e arings in order for this change t o take effect. We would recommend that, if at all possible, hearings be held on July 25 and August 15 on realloc ating $363,274 of revenue sharing funds from storm drainage to river develo pment. The new guidelines require hat an y change in any use by more than 10% of the total revenue sharing funds shall have t wo hearings, one a use hearing and a final use hearing befo r e t h e real location is ma de. We are recoounending that th e $105 ,000 from genera l fund fund balance be repaid from the operating revenue of t h e landfill which will start in 1978. 2. Storm Drainage -We are leaving $1 55 ,000 in Nor t h Centra l Ill fo r the storm drainage system. We are having to pave Dartmouth St r eet from Delaware to Lincoln this y e ar , a nd ar e receiving funds under the Urban Systems program to pay for part of these costs. The $155,000 in North Cent r a l III will be used to in s tall a sto rm drainage system from Delawa r e to Lincoln this year . OTHER CHANGES: 3. Fire Training Fa c ility Paving -The new Fire Training Facility has been c ompleted. Howe v r, prese nt gravel fill is not sufficient to handle fire ap paratus aro u nd the Fire Training Fa c ility. There is a balance of $12,000 r em aining in Lh e Fire Tra inin g Fac ili t y budget, but an additional $9,000 is needed to pr ovide fina nc ing for Lh e p a ving. Englewo od 's share of this $9,000 is $4,500, Lit tle Lo n's sha re is $2,25 0, and the Littleton Fire Diq trict's share is $2,250. 4. Belleview Storm Repair -Only $25,000 for Belleview storm repair has been taken out of the 1977 budget and mo v e d forward to 1978. This is primarily due to the facL that Belleview storm repair is still unde r design, and it appears that construc tion will noL start until later this year • • I • • • • • • • May o r Ta ylor and City Cuunc il Mem b e rs Pag e 2 July 18, 1977 Also, we anticipate app r oxima t e ly $20 ,000 loss i n r e venue c ompared to the o rigi nal budget this y e ar ; a nd t hat $25,00 0 will help fund the Fi re Tr a ining Fac ility paving plus the l oss of rev enue o f approximately $20,000 . The loss of rev enue is in the amus eme nt tax wh e re we had an original budget of $45 ,000 a nd a revis ed estimate shows Lhat a c tual c ollectio n s will be in the neighb or- hood of $25,000 . CHAN GES FOR 1978: S . Storm Drainage -We have inc r eas ed the storm drainage budget fo r the fourth quarter of 1978 to $465 ,000 to provide fo r t he financi ng of North Ce ntral I ll wh e re we took a way approximately $363 ,00 0. This $465,000 is o u r current e stimate to finish North Central III but do s not provide f o r a ny inflation facto r . This estimate was ma~e three mo nth s ago. Funding for the $465,00 0 wi ll come fr om the f o llowing pro jec ts : a. Right -of -way ac qu i si t i o n is not being funded in 1978 for $150,000. b. $35 ,000 fr o m Hi h Sc h o ol Basin which has no t been appr o priated in 1978 but was propos ed for 1978. c. $200 ,000 fr om Cily Ha ll Re modeling . d . $80,000 fr o m Mis ce lla ne o us Land Acquisition,which has not been a p p ropriated in 1978 but was propo sed for 1978. 6. City Hall Rem o delin -We hav e eliminated the c ity hall remodeling from t h e first quarter of 1 978 in order to prov ide funds fo r storm dra i nag e in the fourth quarter of 197 8. 7. La nd Ac q uisition -We have mo v e d $150,000 for land a cq uisition from the second q ua rter of 1978 to the fourth quarter of 1978 and ad ded an additional $50 ,00 0 which will be used to sta rt negotia tions on the land for t he relocation o f fire sta t ion #3 . In all possibility , a n add itio nal amo unt of approximately $50,000 will have to be a dded in the first quarter of 1979. 8. Sinclair Po ol Bath Ho us e -We have receiv e d a r equ es t from the Parks Department to include in the S ix-Quarter Budget a new Sinclair Pool Bath House to be located at the Junio r Hig h. Sinc lair Pool now uses the Junior High restrooms and lockers which has pr o v e d to be very inadeq uate . The r es t room s, as well as the lockers, are not s t and a r d size and do not adequately accomod ate th e adu l t swinuners. The poo l i tself is too far away from the locker rooms fo r the best sup e rvision b y s wi m p oo l p ers o nnel. The pool cannot be open when s chool is in ses sion. In order t o o p e rate t he pool during the summer, a portio n of the sch oo l mus t be kep t open whi ch the school principa ls and c u s t odians d o n o t f ind desiro us . The Sc hool Boa rd r ecen tly ind icat ed tha t they could not wait f o r th e City t o c onstru t a bath h o us e , a nd t h e y are studying plans to utilize the area for a possible track or pla y ar e a unless the City is willing to make a comm itment in the n e ar future • • I • • • • • Mayor Taylor and Cit y Council !-ie111bers Pag e 3 u ly 18, 1977 • • • A new a nd ade quate bath lwuse to make t he pool operation more efficient wou ld no t disturb scnool operat ion s and s h o uld encourage more adult participa tio n. Howeve r, we have not included this in the S jx-Quarter Budge t. We fel t City Council should be made aware o f the fact t hat the School Board is cons idering using this land f o r thems e l ves rather than fo r a b ath house t h at wou l d b e constructed by the City. Sincerely, Andrew Mc:Cown City Manage r Attach ments kv • I • • ( STORH DRAINAGE GESERAL . PROJECT S .TO DATE ~ORTH CENTRAL II NORTH CENTRAL I!l HI GH SCHOOL BASIN CITY SURV EY DARTMOUTH IMPROVEMENTS SIDE WALK DISTRICT TRAFFIC IMPROVEMENTS ZUN I STREET PAVING & SIDEWALK DIST RICT STREET OVERLAY PROGRAM INTERS ECTION DIPS ENG13WOOD & HOLLY DAMS EVAN S AVENUE PAVI NG (PD#24) PARKS BELLEVIEW WES'f BELLEVIEW STORM REPAIR E.'!I.RSON MINI-PARK HAND ICAP PED PLAY APPARATUS RIVER DEVELOPMENT TENNIS/HANDBALL COURTS SENIOR CEN TER SENI OR CENTER PARKI NG LAND ACQUISITION FIRE TRAINING FACIL I TY PA VING LIBR . .'..RY EXPAN SION HOUSING PROJEC T HOUSING FOR THE ELD ERLY PUBL!C IMPROV E.'IENT FUND TOTAL • • • - SIX QUARTl BUDG ET PUBLI C IMPROVEMENT FU ND July 1 977 t o De cember 19 78 (1) Ac tua l Expenditures Thru 6.:.30-77 $ 36 9 ,79 6 5 ,890,753 559 ,686 38 ,72 6 0 0 124 ,000 11 ,239 6,64 5 0 0 0 0 300,0 00 716 138 ,920 0 11 ,1 80 0 1 ,817 ,8 70 118 ,1 6 2 683 ,541 45,463 0 0 10,000 2 ,474,630 60,70 6 (2 ) Unencumbered Budget as of 6-3 0-77 $ 33,326 0 1 ,6 94 155 ,000 25 ,000 0 66 ,00 0 500 9 ,357 ?,000 0 0 13 ,265 0 41 ,28 4 11 ,131 25,000 3 ,8 20 24 ,000 1 ,184 ,257 1 ,551 108 ,459 45 ,13 7 0 0 0 109,261 0 $ (3 ) New Fu nd s 7-1-77 to 12 -1-78 465 ,000 0 0 0 0 20 ,000 0 0 0 45,000 200 ,000 40 ,000 0 0 0 0 25,000 0 0 0 0 0 0 200,000 4,500 190,000 0 0 $1 2,662,033 $1,863,042 $1 ,189,500 • (4) Total Budget Available (2+3) $ 498 ,3 26 0 1 ,694 155 ,000 25 ,000 20 ,000 66 ,000 500 9 ,357 50 ,000 200 ,000 40 ,000 13 ,265 0 41 ,284 11 ,131 50 ,000 3,8 20 24 ,000 1 ,184 ,257 1 ,55 1 108 ,459 45,137 200 ,000 4 ,500 190 ,000 109,261 0 $3,052,542 (5) Projec t to Da te Comm i tir.ent (1+4 ) $ 868 ,1 22 5 ,090 ,75 3 56 1 ,38 0 193,726 25,000 20 ,000 l'./ ,000 11,739 16 ,002 50 ,000 200,000 40 ,000 13,265 300 ,00 0 42,000 150,051 50 ,000 15 ,000 24,000 3 ,002 ,127 119 ,713 792 ,000 90,600 200 ,000 4,500 200 ,000 2 ,583 ,891 60 I 706 $15,714 ,575 In • • --r, • • • ( SIX QUARTi..., BUDGET PUBLIC IMPROVEMENT FUND July 1977 to December 1978 1977 1977 1978 1978 1978 1978 ]EL .ilL kL 1!!L 1!:!L ~ .:r~ STORM DRAINAGE GENERAL $ 33,326 $ $ $ $ $465 ,000 $ 498,326 PROJECT S TO DATE 5,890,753 5,890,753 NORTH CENTRAL II 1,694 ,694 ORTH CENTRAL III 155,000 155,000 HI GH SCHOOL BASIN 25,000 CITY SURVEY 25,000 20,000 20,000 DARTMO\JTH IMPROVEMENTS 11,000 55,000 66,000 SlDE\l,\LK DISTRICT 500 500 TRAF F [C IMPROVE.'1ENTS 9,357 9,357 ZU NI ST REET · 5,000 45 ,000 50 ,000 PAVIN ~ & SIDEWALK DISTRICT 200,000 200,000 ScREE l OVERLAY PROGRAM 40,000 40,000 INTE RS ECTION DIPS 13,265 13 ,26 5 ENGLE,'OOD & HOLLY DAMS EVANS AVE E PAVING (PDU24 ) 41,284 PARKS 41,28 4 BELLEVIEW WEST 11,131 11,131 BE LLEVIEW STORM REPAIR 2.s-.000 25,000 50,000 EMERSON MINI-PARK 3,820 3' 20 HANDICAPPED PLAY APPARATUS 24,000 24,000 RIVER DEVE LOPMENT 1,18 ,257 1 ,184,257 TENNIS/HANDBALL COURTS 1,551 1,551 SENIO CENTER 108,459 35,264 143,723 St-:NIOR CENTER PARKING 22,637 22 ,500 U.ND ACQUISITION 45,137 200 ,000 200,000 LRE TRAINING FACILITY PAVING 4,500 4,500 Ll BRAltY EXPANSION 190 ,000 190,000 • HCJUS II\G PROJE CT 109,261 109 ,261 • HOUSil\G FOR THE ELL RLY 0 P BLIC L11PROVEMENT FUND TOTAL $7,680,795 $55,000 $247 ,764 $90,000 ·$240 ,000 $665 ,000 $8 ,978 ,559 • • n ( Pro ect !:it.unn llr:iinabe GL"ncral ~. rth LCOLrJl lJ ortlt Lcntr.11 111 High School li n.sin L :tr tr.out "'I tmprovcmcuts (l•Of 2J) 2un1 ~ trcct • t..sffic lm;>rovemencs ~ r, t~lewvod 0dJJJ ! olly Dam ~1..!c...,ulk. Distrll,:t No. 76 ~ v.1ns Avenue l'Jv in& (PON 24) lnt.~rsection l)jps !'., !lev1t w Wc!>t l'Jrk cllcvic,,., ~turm Repair I .1ndi ~ppt:t.l Play A1,parn tu9 i-1.vC'r U~v!.!lorm~nt 1 .:.mdbal.1 and Tt!nnts Couns c, -Or Cer,tt!r a.ou~int! Pro;ect l.thrary Exp.ins ion rU tcr R..1ch.•ash Disposal t..1-City Treatment Plant ----• CAPITAL Ua e Date P!zmnlng Design Cooolete Complete 1971 12/75 1971 12/76 197] lOI /7 717• 4/lo 7 /74 1175 NIA NIA 1/74 6/7 4 3/7 5 9/75 5/76 7/76 1/77 2177 1/77 3177 8/73 9/73 3/75 N/A 12/73 6/7 7 12/73 3176 J 2/7) 1/74 11/76 2/77 12/75 12/75 10/76 6/7 7 4/75 1177 9/7) 12/74 • • • HIPROVEMENT STATUS CONTROL July l, 1977 Date Bids i'ercent ~ Constru cted 2/76 JOO~ NIA NIA NIA NIA 10/76 100 NIA NIA Ni A NIA 7/75 100 N/A N/A 8/76 100 )/77 NIA 7/77 NIA 11/73 85 N/A NI A NI A NIA 3/76 9h )/74 97 3/77 NIA 1/76 55 N/A NIA 4177 5 1/75 95 • Completed Total ~ Bud l'I E.!'_J~ 8/76 Roa, 1 •• N /J\ I~ l , 1. c., Deslg1 ur f !etc. A\.IJltinb bidding. S IA 25 ,000 lTndC'r dcsi~n. 6/77 190,u,;o Completed. NI A ;o ,;,oo Rigt1t-o(-wa y being, purchased , N/A 16, on 7 6/75 159,UOO N/A 11.1,000 Land condcmnatiq.n p 1.rn ding. 10/76 H,000 Completed. 9/77 •2 .ooo Under con<1t:-... c::.t.on. 9177 J J ,625 Under de& tn. 9/77 lS0,051 NIA 50 ,000 Engineer nnalyzi ng problems. NIA 24,000 6/77 3 ,002, I ol Optm for p..1. y Augus t 13 , 1977 . 4/ 77 1 11,. 7 :J Problem \JI urt su r tace flakin g D OV 10/77 710,000 llidr. receivl!J. .se ttled. 5177 2 ,581 ,772 NIA 190 ,000 Unde r dc~J&n. 4/78 255,960 Under construction 5177 23 ,6J8,960 • • n - ' • • • • - RESOLUTIO N NO.~~-• SERIE S OF 1977 A RESO LUTION AMENDING THE 1977 BUDGET IN THE PUBLIC IMPROVEMENT FUND AND THE GENERAL FU ND. WHEREAS, the City Council of the City of Englewoo d, Colorado, is adopting the Six-Quarter Budget for the period July 1977 t hrou gh Decembe r 1978; a nd WHEREAS, the City Council has a pproved the purc hase o f l and from Winslow in the amount of $1,20 0,000 to be used for a l a ndfill by the City of Englewoo d; and WHEREAS, it is ne ces sar y that the General Fund fun d balan ce pro vide $105,000 to provide funds to purchase the land fr om Winslow; and WHEREAS, the City Co un cil has authorized that t he $105,000 from the Ge ne ral Fund be replaced from the op era ting revenue from the landfill in 1978. NOW, THEREFORE , BE IT RF.SOLVED BY THE CITY COU NC IL OF THE CITY OF ENGLEWOOD, COLO RADO, as fo l l ows : Sec tion 1. The followi ng estimated a ppropr iations and revenu es a re hereby made in the Pub lic Impr ov e ment Fund: Sec tion 2. Ap p ropr iations Storm Drainage Be lleview Sto rm Repair Sidewalk Distric t Riv er Development Fire Training Facility Paving Re v e nu es , General Fund $(363 ,27 4) (25,000) (3 , 26 1) 468 ,2 74 4,500 105,000 The followi ng estimated appropriatJ ons and r e venues are hereby ma de in the General Fund: Appropr ia t ions Pub lic Improvement Fund $105 ,000 Re v enues Fund Balance $105,000 • I • • - - ' I • \ • • • • Section 3 . The City Manager and Director of Finance are hereby authorized to make the above chang es to the 197 7 Budget . ADOPTED AND APPROVED th is 18th day of Ju ly, 1977. Mayor ATTEST : ex officio City Clerk-Tr easurer l, William D. James, ex officio City Clerk-Treasure r of the City of Englewood , Colorado, do hereby certify tha t the abov e is a true, accurate and complet e copy of Resolution No .~~~' Series of 1977. ex o{ficio City Clerk-Treasurer • I • • -• • - 1b MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and Members of Engl ewood City Counc il Andy McCown, City Manager July 2 , 1977 FIRE RESPONSE IN UN rNCORPORATED AREAS In the last two weeks we have had two substantial fir e s in the unincorporated area in t he vicinity of South Santa Fe and Union Bouleva rd. The first fire occurred during our stud y sess ion o n July 1 and was at a j unk y ard located at 2200 West R a d cliff A venu e . The second and more serious fir e occurre d early Sunday morning, Ju ly 24, at the Re d Do g Saloon at Santa Fe and Quin cy A venue. In accordance with our estab lished po licy, ou r fire department did not respond to either fire, a lthough command per sonn el kept a close watch in case of thread to life. In regard to the second fire, Littleton did respond with one pumper although they basically only partici pated in keeping the fi re from spreading to other buildings. These two incidents have caused th e City of Englewood and, in particular, our fire department to receive quite a bit o f negative publicity, including an editorial in last week 's Sentinel (copy e nclosed). As a ll of yo u know, the locati on of these two fires i s an are a which the City tried to a nn ex several yea rs a go . At that time there we re many long, emotional, and heated meetings and public hearings held o n this m atter in which the City was heavily critic i zed by businessmen a nd r esidents in that area. We were told, in no uncertain terms, that our servi ces were n ot only not wanted by were also not needed. Speci- fically , in regard to fire protection, we were to ld tha t adequate fire protection existed and that the citi zens d id not need or want the fire protection of our fire department. However, we a r e now apparently being quite heavily criticized for not responding to the two r e cent fires . We feel that part of the reason for this negative publicity is perhaps a lack of under- standing of our procedures in regard to responding to fires in unincorporated areas . In thes e two particular cases, I do not feel t h at the press acted responsibly in taking a side o n this issue without contacting either Chief Hamilton or myself to explain our procedures. Because of all of this negati ve publicity and the questions that are now being asked about our policy, representatives of the cities of Littleto n and Englewood m et l ast week to clarify and standardize the procedures our two cities will use in fire respon se to unincorporated are as. The policy that was formulated • I • • - ( • • • Members of Coun c il July 2 8 , 1977 • • • Page 2 -FIRE RESPONSE IN UNINCORPORATED AREAS is essentially the one we have followed in the past and is articulated in the attached memorandum. I am als o sending you copies of Policy followed by the Littleton Fire Protection District and the Sheridan Fire Department which are essentially the same as ours. I recommend to Council that y ou again formally endorse this Policy and that we make every effort to have this information disseminated to the press, citizens of Englewood, and businessmen a nd residents of the unincorparated area. City Manager ph Enclosures cc: Jim Curnes, Assistant City Manager Fire Chief William Hamilton • I • • ( • - ~-10 -NNTINU, Wed, July 17, 1117 editorial vieW Reputations, public relations up in smoke Firemen, like pollcemen or physicians, hold a special place In the public regard . They are caretuer1, In a very real aenae, and much i.s ex- pected of them . It la dUflcult lo sympathize with the actions of more than one fire department during Jut week's blaze at a lllvage yard in an unincorporated part of Arapahoe County . Firemen stood and watched while smoke and flames en,ulfed Commerce Auto Salvage , Z200 W. Radcliff. The captain of Clear Creek SherUf 'a Poae waa incenled : " ... In our county , no matter where It la, we respond ," be auerted. Floyd Berry, a worker from Union Power Conltruction Co ., aet to wort In a bulldozer clearing a »foot rhi, around bumin( cara, trucks and llrea . GuoUne tanks uploded and flamea crept clONr. Net,hbora and vohmteen Joined In the effort, while Enllewoocl Fire Chief Wllllam A. Hamilton watched , tumlnc to comment that bla department has the N!lpoCtiblJlty to atand by when there is a rtre near d~ property, In caae It reaches the city . Llttleton 'a Fire Dept . arrived after the fire bad been bunu113 two houri . Fire officials aald that if lives bad been en - dan,ered , they .would have responded . • That's not good enough . It seems to us that uplodin( 1uollne tanks , amol:e and fire are alwaya a dangerous combination, that the respooslblllty of firemen la to fi(ht firea , . despite their political lnclinatlona . Tbe enclllve fiasco waa an unhappy lndulfence In polltlca, and we hope that It does not happen again . As for citizens of the enclave , which la not at pre- sent covered by any clty'a service, -En1lewood at one time provided fire protection -It ls about time that they uw the writing on the wall and made the declalon lo IMU to a municipality which will provide fire proteciioa and other neceaaltlea . Another fire broke out at a tavern in the enclave durln1 the weekend .'Llttleton firemen responded this lime, becau~ they believed llvea might be at 11take . Two fires In two weeks . That's two strike,. I • I • TO : FROM : SUBJEC T: DATE ; • • - ANDY MCCOWN, CITY OF ENGLEWOOD CIT Y MANAGER AND GALE CHRISTY, CITY OF LITTLETON CITY MANAGER FIRE CHIEF WILLIAM HAMILTON , CITY OF ENGLEWOOD AND FIRE DEPARTMENT DIRECTOR JA COB G. NIELSON, CITY OF LITTLETON RESPONSE DETERMINATION WITHIN THE UNINCORPORATED AREA ROUGHLY BORDERED BY W. UNION AVE., W. OXFORD AVE., S. SANTA FE DR. AND THE SOUTH PLATTE RIVER--CONSISTING OF AN APPROXIMATE AREA OF 182 ACRES JULY 27, 1977 By way of historical background, the area in question was annexed to the City of Englewood on December 8, 197 3, at which time the City of Englewood was obligated to provide all mu nic ipal services to the area in question including fire protection . These services began immediately and over the following 20 months the Englewood Fire Department responded to scores of fire and rescue emergencie s in this area. However, as a result of a court action initiated by the residents and property owners within this area, the annexation proceedings were found to be invalid by the District Court. As a result of this ruling the City of Englewood City Council deci ded not to appeal this ruling and their services to this now unincor- porated area ceased,effective August 5, 19 75. It should be stated here that the residents and property owners within this area made it extremely clear in the hearings and legal proceedi ngs leading to the court decision that the.municipal services provided, including fire protection, were not needed or desired in this area. Confusion in the mi nds of the inhabitants of this area seem to have arisen regard- ing the responsibi lities of municipaliti es or special districts to respond and render aid. We are, therefore, reestablishing criteria upon which emergency responses, if any, should be made by Englewood or Littleton . l. Any i ncident of sioni f icant prooortions involving hazardous , toxic, explosive or flammable liquid materials which may seriously effect the health or welfare of the residents of this or a s urrounding area; or 2. Any fire of major proportions which may endanger lives within or around this area; or 3. Any fire of major proportions which may endanger the properties of the surrounding incorporated areas; or 4. Any heavy rescue situati ons whereby a life may be endangered if such operations are not conducted. If a ca ll for assistance is received within this area,a command offi c er will be dispatched to determine if the situati on requires or warrants a response of add itional fire /rescue units consistant with the criteria stated above . • I • • - • • • ANDY MCCOWN & GALE CHRISTY July 27, 1977 Pa ge 2 • • • It must be emphasized that we are only restating the principles and standards originally adopted relavent to fire/rescue protection in unincorporated areas. ( ~~~---' ~ "-•'C:::::,,, Uacob G. Nielson \ittleton Fire Department Director Manager • I • • • • • • • • Littleton Fire Protection Districr LITTLETON. COLORADO N O T I C E The Board of Directors of the Li t t leton Fire Pro t ec tion District (hereinaft er referred to as "the District") hereby serves notice upon you that, effe ct ive thirty days from the date hereof, the District will no longer provi de services of the Littl eton Fire Department to your p roperty bounded by Lipan Street on the east, Oxford Avenue on th e north, W. Union Ave nu e o n the south and South Clay Street on the west . The reason for this action by the Board is that your property is not located within the boundaries of the Littleton Fire Protection District. Because y~ur property is not located within the District boundaries and , therefore, pay no taxes to the District, no duty exists upon the District to provide fire protection services to you. You are further advis ed that Colorado law provides a method by which property o wne rs in an unincorporated area may petition for an n exa tion to one of the cities surrounding your property, (Englewood or Sheridan), thereby becoming entitled to receive services from, subject to the liabilitias and ta xing authority of, either of said c ities. If you wish more detailed information regard ing this procedure , you are advised to contac t the City Attorn ey of e ither Englewood or Sheridan or an attorney of your choice. DATED this 22nd day of July , 1977 . THE LITTLETON FIRE PROTECTION DISTRICT Varian Ashbaugh Secretary I • • • • • • - CITY HALL, Pbone i ol--03,2 T o Rer>O l't Fire, Pho ne ;s 1.6665 f'IRF. 5T TiO N , i'ho ne i a,-2~i ~ • CITY OF SHERIDAN VOLUNTEER FIRE DEPARTMENT 19'>5 \\'a~r Han,ihon Ptart Slil!RIOAN . COLORAl>O !<011 0 July 26, 1977 RE : Fire response outside of the City of Sheridan limits. To Whom It Ma y Conc ern: The Fi re Departmen t of the c ity of Sheridan is unable to respond to fi re calls ou ts i de of the city limits, except for mutual aide. I qu o te from the Code of Ordinances, adopted July 1, 1971: "Sec. 10-1. Remo v al o f eq uipment from city. It shall be unlawful f or any person to take, drive, remove, or cause to be remo v ed from the city any fire engine, hose, hose carts, hooks and ladders and other implements for the extinguishing of fires or conflagrations, which is the propert y of and has been provided by the city of the use and management of the same by the volunteer fire department, unless : (a) It is necessary to traverse or cross an area by public street, highway or otherwise without the city for the purpose of aiding and assisting in arresting, controlling and putting out said fire or conflagration. (b) The chief of the fire department or the person having the superintendence, control, and command of the officers and men at the scene of any fire or conflagration taking place without the city calls and requests the aid of the volunteer f ire department in extinguishing such fire or c onflagration. The city of Sheridan en f or c es this Ordinance . As you can see from the Ord i nance, (b) the city has allowed the fire departmen t to re s pond to mutual aide requests from other cities or fire distr i cts. TEA/blh Respectfully, c .;:;t~~t ~ Theodore E. Armstro~~ Fire Ch i ef • I • • ( • • - INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. , SERIES OF 1977 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLE- WOOD, COLORADO AND THE CITY OF THORNT ON , COLORADO, CONCERNING THE LEASING 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 service 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 lease from the City of Englewood, Colorado for ~mounts 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 will ing to lease such unus ed water to the City o f Thornton, Colorado on a long term basis and also lea s e ope r ational space for such lease waters in McClellan Reservoir; and WHEREAS, the En glewood Ra nch Cree k system is operated by the Denver Water Board for the benefit of the City of Engle- wood, Colorado, American Metals Climax, Inc . and the Denver Wate r Board sub jec t to the provision s of the afore said Wate r Exchange, and it i s mutually understood tha t t he En glewood Ranch Creek system will cont inue to be opera ted in accordance with those agree me nts; and WHEREAS, the City of Englewood, Colorado and the City of Thornton, Colorado will be jointly operating the McCl e llan Reservoir system, it is desirous that certain operating cri- teria be established in this agreement for such j oint ope ration; and WHEREAS, the City of Engl e wood, Colorado enters into the agreement, pursuant to the authority contained in Part 2 , Arti c le I of Title 29 of the Co lorado Revis e d Statute s, 1973, together wit h the authority contained in Section 79, Part III of the En glewood Home Rul e 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 "W ater Lease and Management Agre e ment" whereby the City of Englewood, Colorado shall lease a portion of its water rights and cer tain storage capacity in McClellan Res e rvoir pursuan t to the terms of said Agreeme nt, which is attached her e to, consisting of sixteen (16) typewritten pages, together wi t h three (3) pages of Appendi x "A" and is incorporated herein by this reference . S a id Agreement provides in pertinent part as follows: 1. That the lease shall be for a term of twenty (20) ye a rs unless sooner terminated as pro- v i d ed and unless so terminated or should the City of Englewood, Colo rado need said water, the City of Thornton , Colorado shall have the option to renew the lease for success ive terms of twenty (20) ye ars upon giving not ice in wr iting to the City of Englewood, Colorado of the City of Thornton's intention to exer- cise the option for renewal not l ess than six (6) months prior to the end of any tw enty (20) year term. -2- • I • • ( • • - 2. For an annual consideration of Two Hundred Thousand Dollars ($200,000.00), the City of Englewood, Colorado agrees to lease to the Ci ty of Thornton, Colorado an undivided fifty percent (50%) share of the ope rational capa- city of Mc Clellan Reservoir; a n und ivide d fifty percent (50%) share o f the yield of water produced by the exercise of the storage right of McClellan Reservoir from the South Platte River, and an undivided sixty pe rcent (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 modi fication in 1969. 3. It is understood that the total capacity of McClellan Re servoir 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 thereafte r. This c onsideration shall be r eviewed e very five (5) years on the anniversary date of the Agreement and shall b e varied in rel a tion to the then exi s t ing United States mo ney . 5. It is a g reed that either party shall have the right to reserve water in their undivided share of the operational capacity from yea r to year without r e distribution. 6. It is agreed that should maintena nce or repair of McClellan Reservoir system be ne ccsa r.y, that it shall be the full responsibility of the City of Englewood, Colorado. The expen se of any modification to the facilities fo r the co nvenience of eithe r party , or both, shall be shared by the parties so benefited, in proportion to the en t i tlement of operational reservoi r capacity . -3 - • I • • In r, ( ( • • - 7. It is agreed that any modif i cation or repair to the reservoir facilities, including the i nlet and outlet works, shall be coordinated between the parties to insure their ability to make delivery of water fro m 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 cost for waters stored in McClellan R~servoir which do not result from the Engle- wood Ranch Creek collection system "Denver Exchange" yields. Should the Highline Canal be used for filling McClellan Reservoir, 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. 'rt 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- c i pated rele ase time. It is also understood that should t he reservoir be full, that the water will automatically discharge into the Dead Clark Gulch below 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 • • I n • • • • - portation and carriage losses chargeable by the State Water Administration off icials. 13. It is agreed that the City of Thornton, Colorado shall have the first right of refusal to the City of Englewood's share of the yield of water from the Englewood Ranch Creek water rights brought into the South Platte River watershed and exchange under the "South Platte River Exchange" pursuant to the provisions of the Water Exchange Agreement of March, 1 964 and its modification of September, 1969 at a charge of Twenty-Five Dollars ($25.00) per acre foot . The water shall be measured at the point of delivery from either connection between the Englewood Ranch Creek collection system, in the mouth of the water system of the Denver Water Board, or at the point of release where the Denver Water Board's Jones Pass tunnel into Clear Cre ek, as the case may be. Once said water is delivered at the above-des cribed point, the City of Thornton, Colorado agrees to assume all risks and responsibilities for the carriage of such water and the making of any exchange for water to the South Platte Riy.er. The City of Thornton, Colorado also agrees to assume all seepage evaporation losses 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. 14. It is understood this charge of Twenty-Five Dollars ($25.00) per acre for the water des- 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 r elation to the then existing value of United States money as determined in the ma tte r provided in paragraph 12 of the Agreement. 15. This Agreement involves the use and the fur- nishing of raw water outside the territorial limits of the City of Englewood, Colorado. It is understood and agreed that the City of Eng l e - wood, Colorado may have to interrupt the delivery 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 • • • • • the City of Englewood, Colorado to provide adequately for use inside the territorial limits of the City of Englewood, Colorado. The right to inte rrupt such delivery is a matter to be determined by the City of Engle- wood, Colorado in the exercis e of its rea- sonable discretion from t ime 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. 16. 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 alk 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 account of any failure to accurately anticipate the a vailability of water supply or because of failure of water supply due to inadequate runoff or other occurrence beyond the reasonable control of the City of Englewood, Colorado. Also, no liability shall be incurred under the Agree- ment on account of any failure to furnish water or operational storage capacity in McClellan Reservoir in the event McClellan Reservoir, or any part of the Moffit Water System of the Denver Water Board, should become inoperable because of flood or other occurrence b e yond the control of the City of Englewood, Colorado. 19. Each party acknowledges the contents of pa ragraph 14 of the modification of the Water Exchange Agreement of 1969 as fully set out in the Agreement attached hereto. -6 - • I • • ·In -• • • 20 . It is agreed t hat this Agreement shall be submitted to t he Denve r Water Board for its consideration and action in compliance with the said provisions of paragraph 14 of the modific 3tion of the Water Exchange Agreement of 1969. The City of Thornton , Colo rado, by submitti ng this Agreement to the Denver Wat er Board, hereby makes application to the Denver Water Board for raw water in the same am o unts, for the 9quivalent 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- me nt is transmitted to the Board. 21. It is mutually agreed that the City of Engle- wood, Colorado reserves the right to sell and dispose of all or part of the water rights which produce the wate r 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 exercised by the City of Englewood, Colorado at any time during the duration of this lease or any extension thereof. Should the City of En g lewood, Colorado at any time decide to dispose of all or part of its Englewood Ranch Cree k water 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 Englewo od 's part of the Englewood Ranch Cree k water rights and its part of the Englewood Ranch Creek collec t ion 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 unde r- 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 c ould necessitate the paymen t by the Ci ty of Thornton, Colorado to the Ci ty of Englewood, Colorado of a substantial amount of money, a nd, therefore, the City of Englewood, Colorado agrees that pursuant to this first right of refusal, the City of -7- • I • • In n ( { • • - Thornton, Colorado shall have six (6 ) months from the date of approval o f sale by the City of Englewood, Colorado to pres ent to its citizens a bond issue to be voted upon by them, if such vote be needed an d r eq u i red, in orde r to provide money to acq u ire all or part of its Englewood Ran c h C r eek wa ter right s and its part of Englewood Ran c 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 Agreemen t , the City of Englewood, Colorado gives the City of Thornton, Colorado notice specifying t he 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 eve nt be less than ninety (90) days in which t o correct such default or de- faults. Failure to correct such default within the specified time period may result in the termination of this Agreement by the City of Englewood, Colorado upon giving the Ci ty of Thornton, Colorado sixty (60) days wri.tten notice thereof. 23. No assignment by the City of Tr.ornton, 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 basis for the use of the City of Thornton, Colorado and its customers for all of the various purposes for which the City of Englewood, Colorado has been de- creed the right to appropria t e water and e xcept as othe rwise specifically provided in Section 34 of the attached Agreeme n t, all prope rty rights to the water to be fur- nished by the City of Englewood, Colorado are reserved in Englewood, Colorado. 2 5 . The parties hereto agre e that this Agree- ment wil l continue u ntil terminated by mutual agreement, notwithstanding the possible curtai lment of service as specifically provided in said Agreement. Failure of either party to exercise any right hereunder shall not be deemed a -8- • I • • • • • • - waiver of such party's right and shall not affect the right of such party to exercise at some future time said right or rights or any other right it may have hereunder. 27. 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. Section 2. The 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. Section 3. Inasmuch as severe drought conditions exist for residents of the City of Thornton, Colorado and the City of Englewood, Colorado has surplus raw water available for lease and re- quires the revenue that can be produced therefrom, City Council finds and determines that an emergency exists and that the passage of the within Ordinance is necessary for immediate preservation of public property, health and safety and that the Ordinance shall become effective upon publication follow- ing final passage. Introduced, read in full and passed on first reading on the 5th day of July, 1977. Published as Bill for an Ordinance on the 13th day of July, 1977 . Read by title and passed on final reading on the 18th day of July, 1977. -9- • I • • - • • \ • • • • Published by title as Ordinance No. on the 20th day of July, 1977. Mayor A'rTEST: ex officio City Clerk-Treasurer , Series of 1977, I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1977. ex officio City Clerk-Treasurer -10- • I • • ( • ( • • • • ~J.fllSF~ MANAr.F.HfN'l' l\GRFf~IEN'l' TIIIS AGREEMENT , t"ade and entered into th is day of Ju l y, 1977 by an d be tween the CI'l'Y or CNGLEWOOO, here .1naf e r called "Enalewood" and the CI'l'Y Of' 'l'HOR N'l'ON, hereinafter called "Thornton,• both municipal cor po rations of the S tate of Colorado, WI'l'NCSSE'l'I!: WllEREl\S , Englewood is a part owner and claimant of certain cond iti onal water r iqhts and facil ities in th e Fraser River Wa tershed known as the Englewood Ranch C re ek Water Rights and the Enalewood nanch Creek Co llecti on Sys tem, and w11rn cl\S , rnc;l e wood is entitled to diver t a pa r t of the afo r esaid wa er riqhts wh e ever water is avail- a ble and use t he wa er for beneficial purposes , including irri qation, munici pa l, domes tic, r ecreation and fire pu r pnsC's, anc1 wurnrAS , the aforesaid beneficial use is ac- compl Wi hed by means of a water exchange pursuant to a Water rxchanq C" /lr,rr<?men t o f narrh l 7, 1<1 6 '1 c ntC'rcd into by rn'll<'wootl and he City and Cnunty of ncnvcr , ac ti nq hy and throutJh its HoanJ of Wate r Commis5ioncrs, hereinafter ca lled the ''nenver Wate r Boa rd,"' as modified by thr. n o difica tion of Water rxchanqc fl.rircC'mc n t of Sept c:ml,C"r 2 , l 1H ,9, cntC"rcd into by Cng lewood, the Denve r Wa ter Board and T\Jnerica n Metal Climax, Inc., a corporation of the State of New York , auth o riz~ o d o business i n the State of Col orado, h "Jrc>?r.a ft r called "ClifTlax," and ~ · 1c 1AS, Tho rnton has larr,r un<lrve 1oped service .:.11 1·0.s l ,i ,:•1 •dthin nnd ou tside it s c orpo rate city limits, said a re as being in a c o ntinuin g proc ess of development • , I • • ( ( • ( • • • • requiring commitments o f a dd iti onal water to serve said ar e as, and Wl !F.RI:AS , t h e s e ver e dro ught and lack of physica l raw wa t er has p ut a n increasi nq stra i n upon the water collectio n, ~torag e treatment, transmission and dis - tributio n facil i ties of Thornton, resulting in the n ecessi t y fo r t h e acq uisitio n o f additional raw water supplies, and WH EREAS, Thornton has made a rPquest for a long - t ern, leas e from En g lewood f o r amounts of raw wate r de e ~Pd nec e ssary t o s erve prese nt and anticipa t ed servic e a rea a nd c usto me rs of Thornton, and WIIFH.f..J\S , T h o rnto n is al s o in need of a depe n- dab l e water su p ply for use in its municipa l water s ystem , and Wlf tRCAS, En g lewo o d is th e onwcr and operator o f a ce r tain wa t e r storage and supp l y facility known a s McLellan Reservo ir. with a capacity of approximately 5 ,'l4 0 ,,e r e ft"'et w h i ch w,,s cons truc t c<1 l ("I s t o re w;,.tc r diverted from the Sou t h Platte River and to store ~a ter d i ve rt d fr o m t he Cng l ewood Ran c h Cr e ek Co llection Sy ste~ into he Sou t h P la t t~ Ri ve r ~ystem hy me ans of a wate r e xcha ng e, and W!lf.RE AS , r ng lewood has a s ur p lus of wate r divertablc und er its Ra nch Creek Water Rig hts which i t c an no t to t a lly utilize i n the nea r or reasonably forseeable fu t u r e and is willinq to lease such unused wat ers to Thor nton o n a long -term b asis a nn also lease opera t iona l s p a c e for such leased wa t e rs in McLellan Reservo i r . a 1.J WI!!"" r ,,s, the Fng l ew oo<l Ra n c h Creek System is oprl"atcct l,~· th e De n ve r Wa t C"r Ooa r d for the benefit of F n q l c wood , Climax and the Denver WAter Roard, subject to the p r o vi s i o ns of the afo rf"S i't irl Water f'xc hunqe -2 - • I • • I n n - ( • ( • • • • Ag r eement o f ~arc h 1 7, 1 964 and the afore sai d Modi fication o f Water exchange Agreement o( Se ptember 2 , 1969, and it i s mutu a lly und ers tood that the E nqlewood Ranch Creek System will continue to be ope rated in accordance with th ose a g r eemen t s , and WII ERE AS , Eng lewood and Thor n ton will be j ointly operating t he McLell an Reservoi r S ys tem , it is de si rous that certain ope rati ng c riter 1a be established in this Ag r eement fo r such join t operation , and NOW, TH EREFORE , in co nsirl eration of the premi ses and the mutual agreeme nts and covenants hereinafter contained, th e pa rti es her e to agre e a s foll ow s: l. This Agreeme nt incorporates by reference the Ch arters of both Cnglr.wood and Thor nton , and n ot- wit hstanrl1n g any prov i s ion h e r r in containPrl , if s u ch p r ovision sha ll be in conflict wit h e ithe r o f said Ch a rters, said provision shall be nul l a nrl void and severahle f ro , this ~qreemc nt as a wh ole, but the rema i ning p r o v isions of this Ao re cment shal l remain in full force and cffec f\FT I N lTION S 2. The t e rm "fnn l ewood Ranc h Creek \·7ater n i qhts " fihu ll mea n t hosC" water r iohts owned in prl rt by Eng l ewood an<l mo r e part icularl y described in Append ix "A" attached he reto, incorpora t ed he rein, and ma d e a part h e r eo f. 3. The term "F.nglewood Ranch Cr eel< Collectio n Sys t em" shall mea n t hos e facil iti es owned in pa rt by Englewood for the divers i on, collect ion and stora ge of the "rnql ewood Ra nch Creek. Wa t e r Rights." 4. .,.h e t e rm "Ocr.ver Wat er Doa rd" when u sed in t h J (; /\q-11::,t shol l mean the City and Cou nty of llr·n v c r , . t i ng b y nncl throu g h its noar<l of Water Commissio ners . -3- • I • • n n ( ( • ( • • • • S . The term "Climax" wh en used in t h i s Agreement shall mean 1\JTle rlcan Metal Climax, I nc., a corpora tion of the State of New York, authorized to do business in the Sta t e of Co l o rado . 6. The term "Water r x change Aqre~men t" s h all mean th e a g reement entered into b y Englewood and the De n ver \'later Board on Ma rch 17, 1964. The term "Hodification of Water Exchanqe Agreeme nt" shall mean the agreement entered into by Engle.,,,·ood, the Denve r Wate r noard a nd C limax on September 2, 1969 . 7 . The term "McL ellan nescrvoir " shall mean the water storage and supp l y facili t y owned a nd ope rated by Cng_l e wood whi ch wa s constructed to store waters di verted fr om the South Platte Rive r and to store waters dive rted from t he F.nglewood Ranch Cr eek Collection System. 8. Th e t erm "t-icr.e llan P.c s Prvoir Water Rights• sha ll mean those water rights desc ribed in Append ix "A ... TER~S ~ CONDITIONS 9. Th is l ease shall be for a term of Twenty (20) years bcqinn in g on the day of July, 1977 and cnri inq on t he <lay o f ~uly, 1998, u nl ess this ~qrPement shall be soonrr t erm inat ed as he r ein- after provjdcd. ~ess so e rmin~tcd, Tho rnton sh all ha ve the op tion to r enew t he l Pase f or succes- sive term s o f Twenty (20) yea rs, upon givi n g notice in writina to Cnglewood of Thornton's intent to e xercise the op ti on of r enewal not later than six (6) months p ri or to lh<' end of any ;r"-'c-nty (20) yea r term. 10 . for an annual consider a tion of Two Hundred 'f1 t <1n,i 5'>n Q,:J l'lQ .OO) l"lolla rs, Englewood agrees to ' . ,? n · '-M nton an und ivid ed Fifty percent (S O\) share ~I :nL 0 1 rat i onal ca paci ty of McLellan Reservoir; an undiv1<1ed Fif t y pe r cent (50\) sha r e of th e yield of wa ter p roduced by the exercise o f the sto rage riqht of McLcllan Rese rvoir from the South Platte River, more -4 - • I • • - ( • ·( • • • • pa rticularly described in Appendi x "A" hereof: and an undi vi d ed Six ty pe rcent (60 t ) of Eng lewood's share of the y1eld of water produced b y the exercise of Englewood 's Ranch Creek Wa er Righ ts more particul arl y d escribed in Apprnrli~ "A" hereof. inclurlrrl ~~ a p ~rt o f the Cng lewood Ra n ch Cre ek Ca llee 10n System , and wh ich ma y be stor ed in McLellan Rese r voir under the "Denver Exchanqe• ag r eement purusant to the te r ms and provi sions of the Wate r r.xchangc Aqree~en of 19 6 4 and its modification by the Modi fi cation of Wate r exchange Aqreemen t of 19 69 . 11. 1s mutui\l l y under s toorl that the total c a pacity of ''1cT.~llan Res ervoir is ap p rox imately 5,9 4 0 acre feet. The operationa l capaci ty may vary fr om tim e t o time, but shal l be de f ined herein as that stor age capacity availabl e hetwee n the outl et--works intake inver t and t he el e vation of either the crest of th e emerqency spillway o r that ma ximum e levati o n al- l o wed by the Colorado ni vision of Water Re sources. 12. It is mutually agreed t h at t he annual c on- sid eration of Two Hundred Thousa n d ($200 ,000 .00) Dollars s hall be reviewe d ever y Five (5) y ea r s on the annive r sary da t e of this Aoreemcn t a n d shal l b e vr1ri ed in re lation to the t hen existing Vi\lu c of lln i t.r:-r1 S tc'lte money . Such value shall be c ompu t P.rl hy use of th e rati o which the value of United S t ates money on th e da t e first above wri ten bea r s to the value o f t 'ni ted States mo ney o n t he anniversa ry date upon which the consideration is re- vi wed . The val u e of United S tates money a t any time shall be d~termined by an index of constru ction costs based upon d,;tr-c )l, -:t c-<l anrl publ i shed in the F n g ineering News ~-r "r:rl, w, i ... h i s a publ i ca tion of a private data ~ ,11?r i 11 .J'-w ncy , subject to any mod ff i c r1 tion s , a l"lp l if icd Lions , anrl changes of method in maki n g or co~puting th e sa me as shall or may be mad e from time -s- • \ I • • - ( • ( • • • • to tim e by said agency. S h ou l d th e Engineering Ne ws Reco rd I ndex of the costs of co nstruction cea9e to be published, th en th~ neare s t similar pub li c ation pub li shed by a bu r e au, boa rd or a q ency of the Uni ted S tates Go vernment , or some other p rivate data g athering a g ency mutually a ccep t able to both par ties, whi ch gi ves the same ty pe of informat ion, s h all be th e basis for the computation of th e variation in payments. 13. I t is mutually a g re ed that either party shall have th e ri q ht t o resPrve water in their und ivided share of t he ope rational capacity fr o m year to year without redistribution. Should either party not fully u tilize its share of the undivided capacity, the other party may t empo rarily ut ilize the unused ca p a c ity. Should the pa rty with the riQ h t t o the u nused capa city sub- seque ntl y have wate r avai lable to refill their u n- divided sha re, the surplus waters will be con sidered sp illed when the total operational reservoir ca pac itv is exceeded unless other arrangements are made by and between the pa r tie s hereto . 14. It is ag re e~ that should maintenance or repair of the McJ~cl lan Rese rv oir Sys tem be necessary , that this sha ll be the full responsibi li ty of r.n~Jewood . The expense of any mod ification to the facili t ies fo r the convenience of ei th e r pa rty, or both, sha ll be shared by the pa rties so b e nefited, in propor tion to the e nt itleme nt of operational reservoir capacity . 5. It is mutual ly agreed that any modification or repai r o the Fe servoir facilitie s including the inl et and out l et works shall he coordina ted between •bp rti 10 inslirc t~eir a h ility o take delivery th'! facil ity when requ ired. ! fi l t is n,ulual ly ag r eed that shou ld the r eservoir not be full ar.~ th e McLellan Storage and Ranc h Cree k Co lle.c tio,1 System dec r ees not b e i n -6- • I I • • - ( ( • ( • • • • priority that the par ties shall have the riqht to store othe r waters f o r temp or ary d etention purposes or storage in the unused capacity of McLel lan Re servoir with n o liabili ty other than t o th~mselves . The amount of storage capaci t y avai la b le and the amou nt stored wil l be on the basis of the dep t h of wa ter in the Reservoir as it relates to the depth capacity curves of McLellan found in Appendix "A." Pumping co s ts a nd ditc h lo sses will be paid by the party be n e fited by t h e stora ge of other waters. 17 . It is mutually agreed that all waters ~h ich are sto red or detai n ed in McLellan Reservoir wi ll be d iminished by the ir propor ti onate share of eva p oration ca lcul ated at a mu tuall y a greed rate if necessary. 18 . It i s mutually agreed t h at Thornton shall pay to Eng l ewood the pumping co st for waters stcred ·1n the McLellan Reservoir which d o not result from the Cng lewood Ranch Cre ek Collection S ys tem "De nver Excha n ge" y i e l ds . Should t he flighline Ca nal be u sed for fi l l i ng HcL ellan Reservoir, the parties will share the canal l osses , and cost5 , i f any , in p roportion to the amount of water rc ce ivcrl by eithe r pa r t y inclurli ng foreign wa t ers. 19. is mutually understo od that any re- quests for re lease of water from ~cLella n Re servoir will be ma de to th e Manilqer of McLcl lan Reservoir at least Tw e nty-fou r (2 4 ) hours in advance of he anticipated release time. It is also under s ood t hat shou ld the • ~ -r".._ h e ~ !.l, that the water wil l automatically _i,~r • ! ,.o hP ,.,.,J C la rk Cu l c"'. below the re servoir 10) ('" 1c>rq enc y spl llway and flow to the Sou th 1 a tt.P 1 JC C. Fl oods wil l fill or pass through the r r.sPrvoir and flashboards are prohib ited o n t he emergency spillwa y. -7- • I • • - ( ( ( • • • • 20. I t 1 s also under stood a nd agreed that once the water is released to Thor nton at the outlet of McLe lla n Rese rvoi r, Thornton a g r ees to ass ume all risks and respons1hilities for carriage of such water to the del1very po ints of its distribution systern and further agrees to a s s um e al l t r anspor tat i on and ca rr iage losses chargea ble by the state water adm i n istra t ion of ficials. 21 . I t is mu tually agre ed that Tho rnton shall have the fir st ri qht of refusal to Eng lewood's share of the yield of wa t e r from the Eng les•ood Ranch Creek Wate r Ri gh s b rought into the South Platte River Wat e rshed and exchanged under the "South Pla tte Rive r Exchang eH or the ''Williams F ork exc h ang e'' pursuant to the p r ovisions of the Water Ex change J\qreemen t of Mar ch 17 , 19 6 4 and its modification by th e Modification of Water F.xchanq e Aqr eemen t of September 2 , 1969 a t a charge o ! TWenty-five ($2 5.00 ) Dol lars per acr e foot. The water shall be measu r ed a t the poin of delivery from either the inte r-connection b etween th e r.ng l e wood Ranch Creek Collection System and the Moffat Water System of th e De nver Na ter Doard or at the point of re lease f r om the De nver Wa ter Boa r d's Jones Pass Tunnel into C l ear C ree k, a s the case may be . 0 n ce said w~ter is de live r e d a t the ahovc <l cscr ibc rl points , Thornton a g r ees to a ssume all risks and r espo nsi b ilitiP.s for th e c arr iage of such water and i n mak ing any e xchang e for w~ters of the South Platte Ri ver. Th ornton also ag r ees t o a ssume all seepaqe , evaporation los ses and fees for the ca rria qe of such water in the Moffat Wate r + 1•. I \ 11 • t c f th e Denve r Wa er Ooard and 1 t or .1 f o r he carria a e of such wa ter ·~r r•· 1c steams of t he state c h argeable by the state water a rlm ini r,t r ation officials . -8- • 1 I I • • - ( ( • • • • 22. It 1s und~rstood and agr eed that the charge of 'l'wcnty-five ($25.00) n ollars per acre foot for the water descrihed in the precedinq Pa ragra ph 21 hereof sh all be reviewed every Five (5 ) years o n the an- niv~rsa r y d ate of th i s Agreement and shall be varied in re l ation to the t hen exist ing value of United States money determined in the manner provided in Paragraph 12, above. 23. This Aqreement involves the use and furni shing of raw water outsid e the territorial limits of Enq l ewood . 1s mutually und ~rs t o od and aqreed that Fn9 lewood ma y have to interrupt th e delivery of raw water p r oduc e d from t he exe r c ise of it~ Ranch Cr eek Water Ri g hts to Thornto n and resume delivery to En g lewood to provid e a d couately for users inside the t e rritorial limits of Enq lewood. The ri gh t to interrupt such delivery is a matter to be determined by Enqlcwood in the ex~rcise of its reas onable d isc retion from time to time as occ asion may require. This determination by Enqlewood shall be bascrl u pon the sta n dards a nd limita tions herein- after set fo rth . 2 4 . The welfare of Engl ewo od and its i n- habitan s r equires a stab le water s upp)y and while it is es sential for F.nglewood to main tai n a wat e r supp ly adequate to mee t the needs of its users, th erP a r P many clements whi ch ma ke it un ce rtain whether the ~upply can always be adp("{U3lf"' fo r all use s and pu r p oses, and, th e refore, in times of shortage, the , .... -,i•·1 ,1 r,.... "~Y e rcPnt" (6'lt.) of rr~le,,,•ood 's share .c e .1 fL .~, t he cxC'rcise of F.nqlcwood i.,:,,tf'r Jliqh ts leasf'rl t o 'T"hor n ton may b e c urt ~il c rl anrl 5uch wa t er y i e ld rlc )i v f"'rc rl to r.n~l ew ood nn ~n lnc r"mrntal hnsi s a s availa blP, ne f o r e this -·- • I • • n n ( • ( • • • - wate r yield sha ll 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 yie l d by F.nglewoo<l away from Thornton . Th cur tai lments to be i mposcrl by mu tual agreemen t both ..... ithi n Englewood and Thornton shall he o n the following basis , the first listed curtailment beinq adopted to meet the leas t ser iou s situation and the s uc ceeding curtailments being a dop terl in addition to p ri or listed curtailments, the last to meet the g ravest possible situati on and one whi ch eve ry reasonable precaution must be taken to avoi d , to wit: l. Restriction of u se s, which can be accompl i shed without serious inj ury to person or p ro pe rty anrl prohibit i o n of non-essential uses. 2. Prohibition of irrigation except for com~e r cia l g r eenhouses. 3. Prohibition of every use except for domestic use and for es senti~l commerical enterprises anrl inrlus try. 4. Prohi bition of all use s exc ept domes tic uses. 25 . f.nql e woon a q r ecs that th~ water yi eld availab l e to Tho rn t on under this lc~se 5h all not be curtailed o r called back b y Er q lP.woorl to SPrve future us e r s other than Thornton outside the territorial limits o f r.nq l ewood . 26. 1'hornton agree!i t o prevent all unnecessary o r unreasonable waste of wat er fr om its distribution '~-1 ~!•i -~~~ ?1 1 connections the r e to. ?1 . l,:. :, r,~tua1 l y under str:u d and agreed that \.111• •• .•,ply i\'JailaU lc frotn the exer c ise of f:nglew ood ;•,,11 c h r: ,~lr H,,tr>r RiqhLR j ,; tlf'pl"'nll,.nt upon sourc<'.!s from which U1c s up p l y i s v ar i ab l e in quantity and be y ond ~ny co ntro l of Engl e wood. No liability shall be incurred -10- : ... _. C) I • • ( ( • ( • • • - unde r this Aqreemen t on account of any failure to a c- curately anticipate the a vailability of wat er supply or because of failure or wat er supply d ue to in- adequate run-off o r other occurrence beyond the reas o nable control of Englewood. 2 8. It is acknowledge d by the parties hereto that Paragra ph 14 of the Modifica tion of Water Exchange Agreement of 1969 provides: "1 4. Englewood agrees th a t it will not, after the date u po n whi ch t his i ns trument become s operative , di rectly or indirectly, sell water for domestic or municipal use, or provid e domestic or provide dome stic o r municipal water service, outside its municipal boundaries to any pe rson or entity for any area not curre n tly receiving ~uch water or water service unles s a pp licat ion t he refor shall have f irs t been made to the Board and unl ess: A. The Board finds that it is not able to provirle water or wa Pr service for such area within a rrasonahle time after receipt of th e a~plication , with the re sult that th P Doarci declin es to uccept the application, or D. The Doard fin ns that it is able to provide such wuter o r water service , but for other rea sons drc lincs to accept the application. Areas o utside Fna lewood 1 s municipal boundaries which are cu rr en tl y receiving such wa er or wate r service from I, , ~n the~ t~cherl ~ap which is .n,,tr"' ., , r -..nJ t,. t _r, "nrl inc orrc-ratC'd herein by 2 ~. 1 L i!J mutually agreed t.ht'lt this aqrccme nt shall be suhmltted to t he Denve r Water Doard for J ts -11- • I • • ( • ( \ • • • • con sideration and action in complia nce with the provisions of Paragra ph 14 of the Modif i c ation o f Wate r Cxchanqe Agreement of 1969 se t fo rth in the preceding numbered p ara g r aph he re o f. Thornton by submitting this Agreement to the nenver Water Board hereby mak es application to t he Denver Water Board for raw water in the same amounts, for th e equivalent ope ratio nal storage capacity, for the same consideration and for the same period of t ime as provided in this a greement. Thornton req uests the Denver Wa ter Board to accep t or d eclin e thi s ap p li cation with in hirty (30) days from the da t e th i s Aqrce.roent is transmitted to the Boa rd. The p arties h e r eto consider this to be a r easonahle time to acc ep t or decli ne the application as the lease of wate r by F.nqlewood t o Thorn ton ha s been unde r consideration by the De nve r Ha t er Department since Ma r ch o f 1976 . 30. excep t for th e eme r gency lease of water here inafter p rovided, this Ag reeme nt shall be sus p ended for a period of Th irty (3 0 ) d ays f rom the date of receipt of thi s Aqrcenent y the ne nvc r Wa ter Board to permit it to consi de r the reques t of the partie s hereto. 3 1 . It is ~utua lly a q reP.rl that r.nqlewood reserves the right t o sel l .1m1 rhsposc of a 11 o r a part of th e wa ter righ t s wh ich p r oduc e the wate r leased by th i s Aqreemcnt anO all o r a part o f th e facilities u sed fo r the div~rsion , co llec tion and storage of these water r iqh t s knrn,:n as the Cng l ewood Ranch Creek Collection Sys tem and McLe llan Rese rvoi r. This reservation may be exercised by Cnglewood a t any time during the d uration of th i s lease or a ny extension thereof. Should c.· 1 1 :~'1:nr,~ ,~ c,n tir,e rl c .. ·~dc to di~nose of all or a part ' I ! ~ ' ,(", Hc1nC"h \. ,•ct w,,t t. r flights anrl J s pa rt of -:..h ,: rr ,,11 <· .~.,..1 lcanch Creek C'o ll cction Sys tem , Thornton shall hav e the f irst right of refusal to a cq uire Engl~woo d 's pa rt o f the Englewood P.a nc:, Cr e ek Water Riqhto ancl its -12- • I • • - ( • • • • • • part o! the Pa nch Cre<'k Col lcction System , by the p ayment to Cnglewood of whatever amount is o!f e r ed to Englewood as paymen t therefo r e. It is unrl cr stood tha t at any given time , an offer to F.no l cwood to ac~ui re the aforesaid water ri ghts and part of the collection sys tem co ul d n ece ssitate t h e pa yment by ~hornton to Englewood of a substanital amoun t of money, and , th erefore , Eng lewood agrees tha t pu rs ua nt to this fir st ri qht of r efusa l, Thornton shall h ave a r easonab le amount of time to pres nt to its c itizens a bond 1 ssuc to be voted u pon by them if such vote be ncedcrl and re~ui rc n in order to provide monpy to acoui re al l or a par t o~ its Englewood Panch C'rC"ck h'ater Riohts and i ts part of t he Enolewo od Panch Creek Collection System . 32. In the ~Ven hat Thornton shall fail to ke~p or perform any aarPement on its J")drt o be kept and per forme ci according to thr t crr,s and provisions of this /\arecment anci Fnqlewood -;dvps Thorn on i..•ritten notice specifying the parti cu la r defa ult or defaults, Thornton sha ll havp such time a s providpd in said notice , whi ch period of time shall in no Pvcnt be less tha n Nine ty (?0) <ldys in which to corr~" such default o r defaul ts . Failure to corr ect such ricfault within the specified tl P'le pc rJnd allowcc!, ma~· r esult in the term- ination of th1~ AorP cric n by f'nglewood upon the giv ing of Six v (60 } days writt~n noticC" to Thornto n. Waiver or failure t o 91.ve notice of a pi'lrticular default or def~ults, under h is paragraph , shall not be constru cl as condoning any continuing o r sub- seq uent d efau lt . If either party should contest a n y ... , .. ,:, ... , ............. _.ttio n '"l ~ ':his p.irag rarh in ,'nt 11 TC"f"ltl• i n f'ffcc t flC'ntlint'l 1 1,,,, 'i-th,• L,,urt in r..-d,1 ,-.ct inn . JJ. no a s sianmcnt by Thornton of its rinhts unci'?r this J\"!'I"("Crient shall b~ hjnd inq o n Englewo od -1 3- • I • • - ( ( • • • • • - u n less i t sha ll h ave as se nted to such an assigNT1ent with t h e s ame fo r mality as e mpl oyed i n the execution o f thi s Ag r e~mc n t . 34. Al l wa t er f urnished herrunder is on a l e as e ho ld basis f o r the us e of Thor nton a nd its customers for all of the variou s purpos e s for which Eng l ewood h as been d ecreed t h e righ t to appropriate water. S uch r ight t o u se wa t er by Thornton and its cus tome rs to t he extent lcqally permissibl e inc ludes any righ t t o mak e a su c cession o f use s, re-use , ex- c h a nq e, o r o t her lawfu l use , upon t he comp letion of the p rimary use by Thor nton or i ts c u s t ome rs . Ex c ept i f he rein speci fic a l ly othPn.'lse provided , all property riq hts to t he wa t e r to be furnished by rng l ewood are re served in Eng l e wo od . 35. The p arti e s here t o aq r ee th at this Ag re e ment will co ntinue un t i l term i n at ed h y mu tual ag re e ment, notwiths ta nding th e o ossible curtailment of serv ice a s specifically pro v ide d for herein. 36. Fa i l ur e of eithe r pa rty he r eto to exercise any rig ht here u nde r s hall not be de e med a wa i ver of such party's right and shall n o t affect the righ t o f such a party to ex~r ci s e a t sorne future time s aid r i oht o r r iqhts or ~n y othe r r iqht it may have hereund er . 37 . APcause of the s e ve r e rlrouqht p r esently o ccuring, Englewood on an emergency b a si s, agr e es t o lease to Thor n t on water avai l abl e fr o m its Ranch Cr eek collection sys t em or Mc Le llan Res e rvoir during 1977 , if needed a n d ~hen r cnuc s ted by ,..:,-r-of On,-tlnnrlrN1 c"n r1 'T'w<'nty - f1 ) •• tl ,t ,..,,. ,,e re fo ,·,t , mPas ur e cl "t llC ""t' ,r 1L t"'l"·rc.ulo n l.:cservt.•1 r , t o b e t: l lod ~ pr nn ptly µ~ici by T h o r nto n . -14- • I • • • • • • 38 . ,\ppen d 1 x "A" cons ists of t he followin g attac hed mater i~l: a. List of Englewood Ra nch Cr eek Water Riqht decree s. b . I.1.s t of McLellan Reservoi r Sou th Pl a tte River Wa t e r n i g ht decrees. c . Mc Le ll an Reservoir ou t let \..'orks dis- ch a r ge curve. d . Depth area-ca p a c ity curve of McLe llan Reser voi r. /\TTF.ST: City C l e rk App r o v en for En glewo od: Ke lls h'ag qoner /\ctinq Ci t y Manaqe r City of rnglewood U. V . ll~r.i n h n 1 -- City Atto rnroy City of r n q l e wood Jam e s D. Ge1ss1.nq er #2470 Spe c ial Wate r Coun s e l City o f Enqlcwood s•rt.1T o r <'or.oru1no C'OUllT Y CW /\RJ\P/\/101: !'.S. C l '!'Y OF' E t'!~L FWOOr> BY: P""a7y:::o:::r:----------- .1 l. 1= .... -.... ,..., i "1'l l n<";tru:nc>n t Wr!s ackno wl e dg ed befo re •/ , ]977, by , .-,voi.an·1------. :.-.. : ... , ,··••1 1 f rr,q]c1..ood, Co l o rado . i ,t. :; my 1 ~ ~,..n nnd o ffic ia l s e al . ~ly ru~~fss i on 1JX pJrcs : n ota ry Public -15- • I • • n - - • • • -'TTI S':": Clly Clerk Approved for Thornton : Jame C. Perry City Ila nag er City of Thornton Kenneth L. Dro~dhu rst 51659 Utilit1~s Attorney City of Thornton STATf. OF CO LORADO COUNTY OF IIDl\!15 ss . • • • C ,TY OF THORNTON Jl Y '~----------'1ayo r The foregoing in strument was acknowlcdqed before me thi s d ay of 1977, by , as Moyer and -.~.~ .. ~1~t-y~cn1~e-r,k-o~f.--th,,,..e~C,....1ty of Tho rnton, Co lorado. Witness my hand and official seal. My commission expires:------------- tlotary Public -](,- • I • • ,In n - • • • ROL L CALL /Jiud-~,c,Cnc -~ T)L~ ~ ;i-<2J-l 7 -Z.-. M ed S ov d d econ e A 1ye Wil 1 iams ( Sovern I Sm1th ) Mann ( Brown \ ctavton I Mayor laylor ! ~ ~ • • • N ay (-~ Ab Sta n ~~(~ [6dv • Ab t sen I . • • - • • - ROLL CALL Mov ed s d econ ed A we Nav Abstain Ab sent Wi 11 i ams f .>-<-Sovern ') ',._. sm1tn Mann I Brown Clayton I Mavor Tavlor • • I . • • • • - • • - ROLL CALL I Move d s d d econ e A A \Ve Nav bsta in Ab sent Wi 11 iams ,, ><. Sovern -->c :>mnn / Mann / Brown -Clayton ,, Mavor Tavlor - • I . • • • • • - • • ROLL CA LL Moved Seconded 1ve Nay Abstain A bsent Wi 11 i ams / ~ Sovern ,.- sm1'tn ..- x---Mann .- Brown ..- c;1avton / Mayor laylor / • I . . • • • - • • ROLL CALL t<:--v~~L ,,,_ e.----4- ed Seconded A e Na Abstain Absent / / ,,- /' ;" / or / • , V. t c,~• l-t u f ;; ').-~ I t'AM.'-vfJ._( ~u ~ • ~ ~( ~ 61.-' ~-+..<. ~ ~ bs , ~ I . • r f. ti t-~/ ~'7_ ~ rF w-k ~ fL~c.<.A b\ --rt,~~ \' • • - • • • • • • ROLL CALL Moved Seconded A ,ye Nav Abstain Absent Williams Sovern Smith Mann 11rown 1avton Mayor 1aylor Vp ~1a-r- c;~,-v l_CJ µ ~ /',:yt<,J.~A--fu.,,W~ /.,,<A-,.t~, ~ ~ J ~C,_.,,.IL,~ .-/'r (t-{t-, /'r«~ 1,v1 ft.._ @W~ • I . . - • • • • • • ROLL CALL Jrzl It fu-tZL ~'iLJ Moved Second d e Ave Nav Abstain Absent ,/ Williams / Sovern / :>m1th / '-./ Mann ,, Brown / Clayton / Mayor Taylor / lf /() tf /..) -/ ~f'iw ,-;( ~ ~-1/kfk/'/ f./t?----fa~ '1 ~ {,ad f+dAL- /~uA -~ 1,,c~,~~. ( .-l.,..__ rr r:. 471 ,__._ < t rt .;£, « ( / k/M'j.. ~<_. -,,{J ,_(.., ,, t ;/ I /I 7 ~ /'-~ /u,.,_,_,J k, (~ 0.~ ,k:, MJ_~L /-,-,vf ,1.v.Z..d '?t.,,( ,1; 4-<-{ 1 r...__· · :s-c=· J._,_._.,/ 0==___..- ~ 1 tr~£... • I • • n n - • • • • • ROLL CALL Moved Seconded A e Na Abstain Absent f.A,,L~ ~ ~rft-vr ()/1 <i,,I s ( ~~ /I~ "'' ~ £U-<.lc_ u··t-1'-t-T. t(E.-7 1, Cl,• r 4.yJ ,-1.,,. Gd -I {J,/:.~·.:,_ ~ a./,/1 .... <.£{1. l / /w...._ d {,..~ < (ij;_,;, ")WU-'--1 • I ' tJ ' ~ l:.1 \,1,, L 11,+ /,(,l.< ~ 1~.,a'rA,, g V--t..A fi rµ"::> -cu. ·_, ,Ll11,, .... ry~ ,< ,_ / ~(./1,.. -~f J ( -1,,:._, (.,...r !Vt,.{~ tutl (I < ~1 7f1 -(/!,,. __ ~ / t M-1 N t!..,uµ..L J/IA-~ ,4 I/-w:"ed-S • I . • n • - • • ___ ,__ ___ ~ ROLL CALL Moved s d econ ed Ave Nav Abstain Absent Wi 11 iams I Sovern smnn Mann Brown c1avton Mavor lavlor • • I • • • • • • • • • ROLL CALL /I-ti ~. Moved Seco d d n e Williams Sovern ~m1th Mann --Brown v-~Jayton Mayor Tav1or . w &~J..k--,- <> vcvvl '"l.-----:--- ()/ VJ -C/1, L- Ave Nav / _. -/ / / / Abstain Absent r!,.,;,.,.,.J ,v,;--~ ,,,pc .r ,,_,Lu u ~ I''-"/,.._.__ th ";..J.flA.J,~ ~ ,, '"e--/-.-( f <W , ~ IC::.. ',.M-w C (J:_ ~ .f -,... 1 u '\., /~~ • I . . • • • ROLL CALL Moved Seconded Ave Nay Abstain Absent Wi 11 iams ,,- Sovern ..-- >< Sm1tn .- ~ Mann .- Brown .- Clayton ,/ Mayor Taylor .- ,,,--- ~ ~~ ftl:Y-7 L-U {_p~ 'i)_j a,..,,.;~ i-t ~ a-? ~ l!.,i/; 'iw"-r t,U a.,_~ f-, V\.-c; ~~ L 7 f {-...,,( f ~ qµJ-'t-~~~ ./ ,..._,._ ll.{o -1 4(., W ~.,,(.,_!.__ ~ ~ wt J Ui-t c:. • :,,.r ",.,r.u( ,,,£,-0 (,LJC /-c.._ ; ~) ~ • • I . . • • • -• • ---- ROLL CALL f ru<-f !--o (!, L ~ (~4._ Med S dd ':-? 4 ~ ~1.-vT" ~k l""--"'""'-i<j_,;I ~u.) A N Ab Ab av econ e \Ve av stain sent Wi 11 i ams / Sovern ;" y =1tn ;" Mann / >< Brown , c1avton / Mayor laylor / • • I . • • • • - • • ROLL CALL Move d Seconde d A \Ve Nav A bsta n Ab sent Wi 11 iams / Sovern ,,. :im1tn - Mann / Brown / Clayton ., Mayor Taylor / ~---~(+:r~,~ ?-- ~/~",(_ ~ ~ ~l- I • • Y<f/~/ ,Z_ &:Lr ~ - • • • -• • ROLL CALL Moved Seconded A e Na Abstain Absent /J(I..~ . .,,,ct;...f-~"!,,HA->-<--, ()~ µu,,, ( • • I . • • \ • • • • ROLL CALL Moved Seco d d n e Ave Nav Abstain Absent Wi 11 iams Sovern Smnn Mann Brown Clayton Mavor 1aylor { ~(U Tf.- ~-- • • I . • \ .. • • • • -ROLL CALL r \ Moved Seconded Ave Nav Abstain Wi 11 iams ---Sovern -sm1tn --Mann -Brown -x' Clayton -Mayor Taylor --- I ,I.LI(,-{ •,-, I ( • ~ r , 4 rft 'f "---l __ t-oA I c1-1 t; A._ ------- • • 7,""3,/) /--1 '-- d., t u-( J Absent 0 I . . • -• • ROLL CALL (, t, , ,, . I . , . / {. le ~ c.--~ ",... I .. .,, ..-~ , ' .,,+- Mov ed Seconded A 1ye Nay Abstain Absent Wi 11 iams / >< Sovern / .><.. smith / Mann "' Brown ~ 1,;1ayton / Mavor 1ay1or / )6 ·4-- • • I • • • • • - • • ROLL CALL {(' M d S ove d d econ e A we N av Ab tai s n Ab t sen wn l iams , Sovern Sm1th Mann Brown c;1avton l Mayor laylor \, ' , • • I • • • • • • - ROLL CALL Moved Seconded Ave Nav Abstain Absent Wil 1 i ams Sovern sm,tn llann -Brown >< CTayton llavor Taylor \1 vv.-1 f J t &. Q..<-u,. f-~ r r.u ~ "-i "i... 1""b /(tz,Ji.u -1 1w 1>..,_, • It; I < A /.J cJ. r- -1'oAJ (J-1..,., I . • - • • • -• • - ROLL CALL M d S ove d d econ e A I) e N ay Abt i s a n Ab t sen >--Williams Sovern Sm1th Mann Brown ...Le c;1ayton Mayor 1ay1or \ • • I • • • • • -• • ROLL CALL M ed S OV d d econ e A \Ve N av Ab sta n Ab sent Williams / x' Sovern ) :im1 tn I y Mann \ Brown I Clayton \ Mayor Taylor ) • • • I • • • • • - • • ROLL CALL Move d econ ed A ,ve Nay Abstain Ab sent Wi 11 i ams ( :,.--Sovern \ smitn I V Mann \ Brown \ Clayton I Mavor Taylor \ • • I • • • • • - • • -------..:!...-----~~""t;===· ·=:r-,,-=:, ___ _..,. ___ -"""'=....,.------- ROLL CALL 1,• - • .,. ,< ' < I I Ir f'' ' r, Move s d d econ e A we N av A bstain Ab sent Williams I Sovern ":x-:,mitn >-' Mann Brown Clayton Mavor l a.vl or • • I • • • - Mov >< • • \ • ed t , t s pr~ d d econ e / • • • ROLL CALL c----, ' (~ ('----A \Ve Nav Abstain Ab sent Williams Sovern ~m1tn Mann Brown Clayton Mavor Tavlor I . • • - M d S ove d d econ e ><. '-"' • • • • • • ROLL CALL ' ( ...;'-'f !:. ~ ,7 'cJ-<A ~{J cP-<- A ,ye Na IY Ab Sta n Williams Sovern \ ::,m1 th Mann Brown ) t;Jayton Mayor Taylor I Ab t sen I . • • - • • --------'-----------~----·~ --------=...-=ao.=-=----==-=-=--,c:;;,- ROLL CAL L '"2.,7--7u -yl.> S,.. () )(,'-'-'-'~ ~ Move d S d A econ ed we Nav Abstain Ab sent ~ W111 iams I --Sovern \ sm1tn I Mann I Brown \ 1,;1ayton \ Mavor 1avlor I • • I . • • - • • Moved Second d e .Y' ,;-~ I X' • • • ROLL CALL Ave Nav Abstain Absent Williams / Sovern ~ '.'>1111th ./ ann / Brown / layton / I ayor Taylor / I . • • • - • • - ROLL CALL M ed S ov d d econ e A ,ve Na lV Ab Sta n Ab sent >-Wi 11 iams )< Sovern sm1tn Mann Brown Clayton Mavor Tavlor • • I . • • • • - • • ROLL CA LL Moved Seconded Ave Nav Abstain Absent Williams -Sovern ---:7 72' X =1t;n / x Mann ----Brown / c1avton 7 Mayor Ta .vl or .,,- • • I • • • • • ROLL CALL Moved s d econ ed A \Ve Nav Abstain Absent x--Wi 11 iams 7 ><. Sovern 7 Smfffi 7 Mann Brown 1,;1avton Mavor lavlor I • • • • • - • • ROLL CALL M d S ove d d econ e A ~e Nav Abstain A bsent Williams Sovern ..>-< :sm1tn Mann .k Brown Clayton ' Mayor Taylor I • • I • • • • • - • • ROLL CALL Moved Seconded Ave Nav Abstain Absent Wi 11 iams --Sovern --><-Sm1th -.><... Mann ---Brown ---c;1ayton ---Mayor Tavlor --- • I . • • • - - • • \ • • • • ROLL CALL Moved Seconded A 1ve Nay .>.:: -7 J1, .,.-,JI.) - /..--<> ,.-,v,·1 1) - Wi 11 i ams Sovern Smnn Mann Brown c;1avton Mavor 1avlor (( c; 14<--7) .o•, i o? VJ-X~ Yi ~;;;de ;.,__ / / / / l ,, ~ ( {/ I ,(,(.,,..), t / / / "'--(_,_I I] LA'-'-~~ ( : r 7/) 1 s. , ... ,f; -\ .7f t,.J'l.,LL '... i • Abstain Absent +D ~q ~ .... [-,., (,,-, '- I . . • - • • '-~----'------------~---· ROLL CALL Moved Sec d d one Ave Nav Abstain Absent Wi 11 iams Sovern :sm11:n Mann Brown Clavfon Mavor Tavlor --( I ,,.,,,{. c.... ~1<A...f1..T ,.._', I · 1, ~ ~i;-, '1...+11~ ~. I ,)/o ,) ( I ( t l,1 4 r ( 'k.r- L1(J-<'--l--(~ c-t~·.f..-'\A, ..... • LA a,_<,, ,1_ ... --i~ ~'(,''v-,(:::.,, ~ <. I -1-~-(( t h,,.. ,_ io-{{ '· .. :( c~~ ..-I hA I J ~ .... _ ~, Q ~ ~I\. .,,., 0-'----"t. ,-- I ·-· f-~4-' I • • 0 r.;.,,., • .(.. , /),Jt,1 ( . l.t A tol. C ; t' I ) --/( ( t {, r Q).u "l'l-.../ ) t).+,- • • - • • • ./ // • • • ROLL CALL M d S ove d d econ e A we N av Ab sta n Ab t sen Wi 11 i ams Sovern sm,tn Mann Brown c1avton Mayor laylor 1 ;,( /, l k/ C / /',I,?,<-' ~ ' -----., I f (,.-:; 2-~ "!,--,ti-{ z~.u:t (I I .. ., "''''/ ~ r, ,;;-/1,.,.,.,,.L I • • • • - • • - ROLL CALL M ed S OV d d econ e A \Ye N av Ab Sta n Ab t sen ~ Wi 11 i ams I -.c: Sovern ·'l :>mith I Mann I Brown \ 1.,;1ayton I Mavor 1ay1or { • I . • • • • • • ROLL CALL <..::. Moved s d econ ed -Wi 11 i ams ~ Sovern smitn llann Brown Ctavton Mavor Tavlor .. I l"."vt..~~' .~ l t.v j ,._7J_~,.,~ Ave ------------- Nav Abstain Absent u A. 'i.yi '""'-,.<.,J;:,').,) -C •• i-,b.,0 ,..~ w'l (-zµ-,l..1 , 've~ -,1.. C2--y /1 • I . • • -• • ROLL CALL Moved Seco d d n e Ave Nav Abstain Absent Wi 11 iams Sovern =1th Mann Rrown Jayton Mavor Tavl or f6:'"e J-,f")'5.,~ A-/~ ~ ~~?,-A • • I . • • • • - • .. • ~-- ROLL CALL r S.-, '-, V >' .,.,::--{ ( J--l._ (c..-'t--, I -'i_ (, r1~ Moved Seconded Ave Nav Abstain Absent Williams ./ ..;;,,--Sovern / sm1tn / Mann / Brown / ><.. Clayton / Mavor Tav1or / y , • • I • • • • • - • - ---·~--cc.--- ROLL CALL rv, --.__Lz..._ ; ..{ Move d s d d econ e A 1ye Nay Abstain Ab sent Williams -'-"" Sovern -sm1tn .,,.- t...c: Mann .,,.- Brown ---Clayton / Mavor Tavlor ,,-- • I I e!:-- • .s I . • • • • -• • ROLL CALL Moved Second d e Ave Nav Abstain Absent Williams Sovern sm1tn Mann Brown c1avton Mayor lavlor kc~ J W le • c, ', i..-( > II < I I <• , / {I j, fc., (J j Gc-.A 1<-LA-~ ~ \µ. ,v<-:. c4, 2. 11.),, "'' <;"'f-- c l'-a-J) I . • • • • ------- ROLL CALL ~ ,I,{ ll-h l • -l {,,_ "-I ( ,/ 1((~~ '-) f M d S d d ove econ e A \Ve Nav Absta n Absent Williams -Sovern -)< =1tn -)(' Mann -Brown ---Clayton -Mayor Taylor --- I • • • •