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HomeMy WebLinkAbout1977-09-19 (Regular) Meeting Agenda• • - • • CITY COUNCIL MEETING -Sept . 19, 1977 • Re g ular • • ( • REGULAR MEETING : • • • COUNCIL CHAMBERS CIT Y OF ENGLEWOOD , COLORADO September 19 , 19 77 The Ci ty Cou nc il of the City of Englewood , Arapahoe Co unty , Colorado , met in r egular session on September 19 , 1977 at 7 :30 P .M. Mayor Taylor , presiding , called the meeting to order . The invocati on was given by Mi nister Joe Booth , Chu rch of Ch r ist , 4690 s . Logan . The Pledge of Allegiance was led by Mayor Taylor . Mayor Taylor asked for roll call . Upon the call of the r oll , the f ollowi ng were present: Council Mem b ers Williams , So vern , Smith , Brown , Mann , Clayt on, Taylor . Absent : No ne . Th e Mayor declared a qu orum present . Also present were : City Manager Mccown Assistant City Manage r Curnes Assistant Ci ty Attorney De Witt Director of Co mmunit y Development Wanu s h Deputy City Cl e r k Watkins ****** COUNCILMAN SOVERN MOVED TO ACCEPT THE MIN UTES OF THE REGULAR CIT Y COUNCIL MEETING OF SEPI'EMBER 6 , 1977 . Councilman Brown secon ded the motion . Councilman Sove rn requested that l ast sentence on p age 13 , pa ragraph 4 , line 2 , be changed to read "Councilman Sove rn requested that a date f o r sometime in October be set after the budget retreat ." Up o n a call of the roll , the vote resulted as f ollows : Ayes : Nays : Cou ncil Members Brown , Clayton , Williams , Sovern , Smi t h , Mann, Taylor None. The Mayor declared the motion carried . ****** COUNCI LMA N SMITH MOVED THAT THE PROCLAMATION DECLARING SEPTEMBER 24 , 1977 AS HUNTING AN D FISH ING DAY BE APPROVED . Co uncilman Sove r n seconded the motion . Up on a call of the roll, the vote resulted as follows : • I • • September 19 , 1977 Page 2 • • - Ayes: Council embers Brown , Clayto n , Williams , S ve rn, Smith , Mann, Taylor Nays : lone , The Mayor declared he motion carr ied. May o r Taylor presented Mr . Walter Samuelson , 3855 outh Lincoln St . with the Proclama ion and complimented Mr . Samuels o n and the gro p he represents fo r the efforts they have made . Mr . Samuelson thanked the Council the presentati on and the rivilege whic h hono r s t he conservation ist groups of hunters and fisher men . * * * * * * Pre-scheduled visitor , Ed Grabill , atto rney for Ward Foods , appeared before the Council o n behalf o f Freddie Fudd 's Food and Fritter Fac tory request - ing renewal of a hotel and restaurant license retroactive t o Ja nuary 1 , 1977 , for Shetland Hills , Inc . d/b/a Freddie Fudd 's Food and Frit er Facto ry , 1001 West Hampden Aveneue . Mr . Grabill answered he Council 's question s u length , Cou ncilman Smith expressed concern o ver the renewal be a e responsibility of applicati n for renewal rested with Ward Foods even the new owner defaulted . he hough Councilman So v e rn asked he Assistant Ci y Attorney De '../i t if Shetland Hills , Inc . was he owner o f record and was actually obliged to file fo r a renewal at that .ime , Assistant ity Attorney De Wjtt r eplied that Shetland Hi lls , I nc , had an equitable interest in he business . Th e new owner defaulted in 1~ e December 1976 and Shetland Hills , Inc , could not have filed f or renewal unti l after that time . Assistant City Attorney informed the Council that there were alterna ives to handling this request . Assistant Ci y Atto rney De Witt stated that the ouncil could 1) reject he applicati on and allow Shetland Hills , Inc . make new a pp l icati on ; 2) allow the new buyer t o make application ; o r 3) waive the len gth of time and the public hearing required a nd allow the renewal f o r application . COUNCILMAN SMITH MOVED TO DENY THE LICENSE TO SH LAND HILLS , INC , D/B/A FREDDIE FUDD 'S FOOD AND FRITTE R FACTORY , 1001 WEST HAMPDEN AVENUE , RETROACTIVE TO JANUARY 1 , 1977 , Councilman Clay on seconde d the mot ion , Councilman So vern stated that since Shet land Hi lls , Inc . wa s not he owner of rec o rd and could not have applied f o r the l icense at he ime anyway • I • ( • • - September 19 , ~9 77 Page 3 coupled with the fact that holding a public hearing would be time consuming especially when the location had previously been granted, he was o f the opinion a licens e should be approved . Upon a call of the r o ll , the vote resulted as follows : Ayes: Nays : Council Member Smith Council Members Brown , Clayton , Williams , Sovern , Mann , Taylor The Mayor declared the motion failed . * * * * * * COUNCILMAN WILLIAMS MOVED TO APPROVE THE APPLICATION FOR A HOTEL AND RESTAURANT LICENSE TO SHEI'LAND HILLS , INC . D/B/A FRE DDI E FUDD 'S FOOD AND FRITTER FACTORY, 1001 WEST HAMPDEN AVENUE RETROACTIVE TO JANUAR~ 1 , 1977 . Councilman Sovern seconded the motion . Upon a ca ll of the roll. th e vot e resulted as follows: Ayes : Nays: Cou nci l Members Brown , Clayton , Williams , Sovern , Mann , Taylor Cou ncil Member Smith The Mayor declared the motion carried, ****** Councilman Clayton expressed dis satisfaction to the manner in which the motion was passed and stated that even though like approvals have been practiced in the past, the process weakens Council 's contro l . ****** COUNCILMAN BROWN MOVED TO CHANGE THE ORDER OF THE AGENDA AND BRING FORTH ITEM 4(b) WHICH IS RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION MEEI'ING OF SEPTEMBER 7, 1977 CONCERNING THE CHEROKEE KIVAS PLANNED DEVELOPMENT TO BE CONSIDERED BY THE COUNCIL . Councilman Clayton seconded the motion . Upon a call of the r oll , the vote resulted as foll ows: Ayes: Nays: Council Members Brown, Clayton , Wi lliams , Sovern , Smith Mann, Taylor None The Mayor declared the motion carried . ****** • I • • • • • September 19 , 1977 Page Direc to r of Co mmunit y De ve l opme n t Wa nu sh appeared befor e the Co un~il and reviewed the plans , staff analysis and th recommendation from the Plani:ing a nd Zoning Commission . Director Wanush stated the planned development co~sisted of 40 condominium u nits to be constructed at 3675 S . Cherokee . The P aruung and Zoning Commission held a public hearing on September 7 , 1977 and approved the planned development . COUNCILMAN SMITH MOVED THAT THE RECOMMENDATION FROM THE PLANNING AND ZONING CO MM ISSION ON THE CHE ROKEE KIVAS PLANNED DEVELOPMENT BE ACCEPTED. Councilman Brown seconded the motion . Upon a call of t h e r oll , th e vo t e r ~sulted as follo ws : Ayes : Coun il Members Br own , Clayton , Williams , Sove rn , mi h , Mann , Taylor Nays : None The Mayor declared the motion carried . * * * * * * "Connnunications -No Action Recommended " on the agenda were recei ved : ( a) Minutes of the Library Board meetin of August 9 , 197"(. (b) Minutes of the Board of areer Service Commissioners meeting of August 25 , 1977. (c) Financial Repor for the month of August , 1977 , ****** City Manager Mccown presented a recommendation from the Library Board recommending that the Englew ood Library retain i ts membe r ship in the Central Colorado Library System with the new contract being from October 1 , 1977 through September 30 , 1978. COUNCILMAN CLAYTON MOVED THAT THE CITY COUNCIL APPROVE THE EXTENSION OF THIS AGREEMENT FOR THE YEAR OF O TOBER 1 , 1977 THROUGH SEPTEMBER 30 , 1978 AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT . Councilman Sovern seconded the motion . Upon a call of the roll , the vote r esulted as follows : Ayes : ays: Council Members Br own , Clayton , Williams , Sovern , Smith , Mann , Taylor None The Mayor declared the motion carried . * * * * * * • I • • • September 19 , 1977 Page 5 • • • City Manager Mcco wn presented a recommendation from the Planning and Zoning Commission concerning the classification of South Santa Fe Drive . City Manager Mccown stated that the recommendation from the Planning and Zoning Commission is that the City Council approve a Plan Amendment to the Regional Highway Plan that would downgrade the Santa Fe Drive Co r ridor from a Limited Access Facility to a Principal Arterial between I -25 and County Line Road , a distance of approximately ten miles . COUNCIUIAN SOVERN MOVED THAT THE CITY COUNCIL RECOMMEND TO THE DENVER REGIONAL COUNCIL OF GOVERNMENTS THAT THE CHANGE IN THE CLASSIFI - CATION FOR SANTA FE DRIVE BE REVISED FROM A LIMITED ACCESS FACILITY TO A PRINC I PAL ARTERIAL . Councilman Mann seconded the motion . COUNCILMAN SMITH REQUESTED TO AMENDMENT THE MOTION TO INCLUDED THE RECOMMENDATION AS SUBMITTED BY THE PLANNING AND ZONING COMMISSION BASED ON THE FACT THAT THE RECOMMENDATION DOES INCLUDE SOME FRONTAGE ROAD SHOULD IT BE DE3IRED TO ENCROACH SOME PORTIONS OF THE ENGLEWOOD AREA . Councilman So vern and Co uncilman Mann appr oved the additi on . Upon a cal l of the roll, the vote res ulte d as follows : Ayes: Council Members Brown , Clayton , Williams , Sovern , Smith, Mann , Taylor Nays : None The Mayor declared the motion carried . * * * * * * COUNCILMAN SOVERN MOVE D TO APPROVE THE RENEWAL FOR A HOTEL AND RESTAURANT LICENSE FOR FIFTEE NTH STREET INC . D/B/ A THE WALDORF , 4 59 5 SOUTH SANTA FE DRIVE . Co uncilman Will iams seconded the moti on . Up on a call o f the r o ll , the vote resulted a s f ollows : Ayes: Council Members Brown, Clayton , Williams , Sovern , Smith, Mann, Taylor Nays: None The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Director of Public Works and the Director of Finance concerning the 1977 Crosspan Replace- ment Program bids . City Manager McCown stated that the City had b udgeted • I • • - ,, • • • - Sept ember 19 , 1977 Page 6 funds t o correct certain crossings in the City . Bids were taken in Aug st , b~t the bids were c onsiderably higher than what the City had budgete • Re -bis were taken in September with the low bid by Eby o ntracto r . Ci ty ManaEZ:er Mc Gown explained that Eby Contractor bid $1 ,895 which wa s still higher than the amounted b dgeted ($13 ,625). City Manager Mccown stated that the re commend ation fr om the Di recto r of Finance and t he Director o f Public Works i s toe iminate the Bannock and Quincy Crosspan ; thereby , reducing the low bid to $13 ,448 .35 and staying within the budget . COUNCIL MAN CLAYTON MOVED TO ACCEPI' THE BID FROM EBY CONTRACTOR ' me . WITH THE DELETION OF THE BANNOCK AND QUINCY CRO SPAN IN THE JllliOUNT OF $13 , 4 8 . 35 . o uncilman So vern sec o nded the motion . Upon a call o f the r oll , the vote resulted as follows: Ayes : Nays : Council Members Br own , Clayto n , Williams , Sovern, Smith , Mann , Taylor None The Mayor declared the motion carried . ****** City Manager Mccown presented a memorandum f rom the Di recto r of Finance c o ncerning the 1977 Audit Contract . City Manager Mccown sta ed tha t City Council had approved previously one firm, in this case, Shepherd a. d CompaJ'\Y f o r a term of three years t o d o the City Audit with each annual contract approved by Council . City Manager Mccown s t ated the contract is the last o ne endin the three year period with Shepherd and Company . City Manager Mcc own explained the contract is f o r $23 ,500 , he maxi mwn amount chargeable , and an increa se of $3 ,000 over 1976 , but the amo nt could be reduced if less time is required , City ~iana er Mcc own fur ther explained that the increase is due to new programs that have not been a udit ed prior to this year and t o the increased office osts i ncurred by Shepherd and Company durin the audit . COUNCILMAN MANN MOVED TO AWARD TH E CONTRACT TO HEPHERD /\ND CO MPANY FOR THE AMOUNT OF $23 ,500 FOR THE AUDIT THIS YEAR . Co nc ilman Smith seconde d thP. motion . Up o n a call of the r oll , the v o te resulted us f ollows : Ayes: Co uncil !embers Br own , Clayton , Williams , Sovern , Smith , Mann, Taylor Nays : None The Mayor declared the motion carried . * * * * * * • I • • - ( ,, • September 19 , 197 7 Page 7 • • • INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO . 23 SERIES OF 1977 AN ORDINANCE APPROVING A RIGHT -OF-WAY AGREEMENT BEI'WEEN MELVIN J . DENNING AND VERLA N, DENNING AND THE CONTINENTAL NATIONAL BANK ( GRANTORS) AND THE CITY OF ENGLEWOOD ; AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN REAL PROPERTY AS DESCRIBED HEREIN; AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT AND CONVEYANCE ; AND DIRECTING THE DIRECTOR OF FINANCE TO ATTEST THE SAME , COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO . 23 , SERIES OF 1977 ON FINAL READING . Councilman Mann , seconded the motion . Upon a call o f the r oll , the vote resulted as follows : Ayes: Council Member s Brown , Clayton , Williams , Sovern , Smith , Mann , Taylor Nays : None The May or declared the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDI NANCE NO . 21 SERIES OF 1977 AN ORD INANCE AMENDING SUBSECTION (a) OF SECTION 16 , CHAPTER 3 , TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE , BY REQUIRING THE OWNERS OF ALL PROPERTY HAVING CONNECTION TO THE CITY WATER SUPPLY TO INSTALL APPROVED WATER METERS UPON THE SALE, TRANSFER, OR CHANGE FROM RESIDENTIAL TO COMMERCIAL OR INDUSTRIAL USE , COUNCILMAN WILLIAMS MOVED TO POSTPONE THE FINAL READING OF ORDINANCE NO , 21 , SERIES OF 1977 AND THE CONSIDERATION OF THE FNTIRE WATER IMPROVEMENT PROGRAM UNTIL NOVEMBER 28 , 1977 AT 7 :00 P .M. AT A SPECIAL COUNCIL MEETING, Cou ncilman Sovern seconded the motion, Upon a call of the roll , the vote resulted as foll ows: Ayes: Nays : Cou ncil Members Brown , Clayton , Williams , Sovern , Smith , Mann , Taylor None The Mayor de clared the motion carried, * * * * * * • I • • - • • • • September 19 , 1977 Page 8 INT RODUCED AS A BILL BY COUNCILMAJ MANN A BILL FOR AN ORDINANCE APPRO VIN G AN AMENDED AGREEMENT BEI'W EEN THE CITY OF ENGLEWOOD , COLORADO AND THE ENGLEWOOD HOUSING AUTHORITY RELATING TO THE HOUSING REHABILITATI ON LOAN PROGRAM POLICIES AND PROCEDURES . as follovs : CO UNCILMAN MANN MOVED TO PASS THIS BILL FOR AN ORDI NANCE ON FIRST READING . Coun ci lm an Williams seconded he motion . Upon a call of he roll, the vote resulted as follovs : Ayes: Council Members Br ovn , Clayton , Willi am s , So ve rn , Smith , Mann , Taylor Nays : None The Mayor declared the motion carried. * * * * * * RESOLUTION NO . 40 , SERIES OF 1977 A RESOLUTION AMENDI NG THE 1977 GENERAL FUND BUDGET . Ci y Manage r McC ovn stated that some correcti ons vere to made on this resolution . City Ma na g er McCovn stated that under Sec tion 1 . Source of Funds , Fund Balanc e , th e figure sh ould be $19 ,000 instead of $15 ,000 ; under Section 1 . Ap propria tions , Fire , the figure should be $14 ,000 instead of $10 ,000 and under Secti on 1 . Appropriations , Total , the figure sh o uld be $19 ,000 ins tead of $15 ,000 . COUN ILMAN BR~vN MO VED TO PASS RESOLUTION NO. 40 , SERIES OF 19 77 . Councilman Smith seconded the motion . Upon a call o f the roll , the vote resulted as foll s : Ayes : Counci] Membe rs Brov n , Clayt on , Williams , Sovern , Smith , 4ann , Taylor !lays : !lone The ,leyor decal red he motion carried . * * * * * * OUNCILMAN SOVERN 40VED TO POSTPONE THE APPOIN'l'MENT TO THE REHABILITATI ON LOAN CO MMITTEE UNTIL THE NEXT REGULAR COUNCIL MEETING ON OCTOBER 3 , 1977 AT 7 :30 P .M. Councilman Clay t on seconded he mo ion. Upon a call of the r oll , the vote resulted as fo llows: • I • • ,, September 19 , 1977 Page 9 Ayes: Nays : • • - Council Members Brown , Clayton , Williams , Sovern , Smith , Mann , Taylor No ne The Mayor declared the motion carried , ****** City Manager Mccown presented th-? proposed budget for 1978. City Manager Mccown stated that the proposed budget fo r 1978 is a status-quo budget for $13 ,496 ,111 and that the budg et is a decrease over 1977 as a result o f several projects being completed . City Manager info rmed the Council that supplemental request s will be submitted before Friday, Septemb er 23 , f o r Council 's consideration . COUNCILMAN SOVERN MOVED TO RECEI VE THE 1978 PROPOSED BUDGEI', Council- man Clayton seconded the moti on , Upon a call of the roll , the vote resulted as follows: Ayes : Council Members Brown, Clayton , Williams , So vern , Smith , Mann , Taylor Nays : None The Mayor declared the motion carried , ****** City Manager Mccown transmitted a memor a ndum from Director of Public Works Kells Waggoner concerning the CH2M Hill Water Report f or informati on purposes , Councilman Sovern stated that the report was CH2M Hill 's evaluation and assessment of the allocati on o f water rights involving a segment o f the City Ditch pipeline . ****** Donald Marshall, 6059 S . Atlantic Street , Littleton, appeared before the Council and requested the Council t o reconsider the zoning at 3270 -328o S . Bannock the area in which his office is located. Mr, Marshall requested the Council to reconsider a proposed planned development that he would submit on the property and assured the Council that he would go through the Planning and Zoning Commission and a Public Hearing , COUNCILMAN SMITH MOVED THAT THE COUNCIL RECONSIDER A PROPOSED PLANNED DEVELOPMENT PROVIDED THAT MR , DONALD MARSHALL PROVIDE THE PROPOSAL WITHIN 90 DAYS, Councilman Brow n seconde d the motion . • I • • n " • • • September 19 , 19 77 Page 10 Councilman So vern pointed out that a PD is overlying zoning and queried the point that before Mr . Marshall ca n submit a proposal he has o have the type o f zon ing necessary a nd in this case a business zoning which he does not have . Cou ncilman Smith stated t hat it wa s his unde rstan ding tha Mr . Ma r s hall may include a reques t for the zoning in or der to com octate his proposed PD and unless the Council reco nside r s the rezoning , the Cou nci l can not hear the propos a l . Assistant City Attorney concurred wi th Councilman Smith 's comment . Upon a call o f the r oll , the v ote r esulted as follows : Ayes : Nays : Council Members Br own , Cl ayton , Williams , Sovern , ~mi h , Mann , Taylor None Th e Mayo r declared the motion carri ed . ****** Mayor Taylor announced that the May or 's Coffee wil l be Thursday , Septembe r 22 , 19 77 at 7 :30 P .M. * * * * * * COUNCI LMAN MANN MO VED THA'T' t, TETTER BE WRITTEN TO THE "MIGHTY 9 ' ERS " TH ANKING THEM FOR PAR TICIPATIN G IN THE SO FTBALL GAME . Councilman layton seconde d the motion . Upon a call of the r oll , the vote result ed as f ollows : Ayes : Nays : Co uncil Members Br own, Clayton , Wi lliams , Sovern , Smith , Mann , Taylor None Th e Mayor declared the mot i on carried . ****** COUNCILMAN MANN MOVED TO DESIGNATE APPR OPRIATE APPOINTMENTS TO THE WATER AND SEWER BO ARD THOSE BEING MRS , MEREDITH W, FEAMSTER REPLACING MR . HAYES TO SERVE OUT THE TERM lJNI'IL FEBRUARY 1 , 1982 AN D MR. RUDDY WITTHUS REP LA CING HAROLD BABC OCK TO SERVE OUT THE TERM UNI'IL FEBRUARY 1 , 1978 , Councilman Smith seconded the motion . Upon the call of the r oll , the vote resulted as foll ows: • I • • • • - September 19, 1977 Page 11 Ayes : Nays : Council Members Br own, Clayton , Williams , Sovern , Smith , Mann , Taylor None The Mayor declared the moti on carried. * * * * * * COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO SET UP All ORDINAJICE TO REQUIRE THE VISITOR SECTION OF THE AGENDA TO BE PLACED FOLLOW - ING THE PRE-S CHEDULED VISITOR SE CTION. Councilman Smith seconded the motion . Upon a call of the r oll , the vote resulted as f o llows: Ayes : Nay s : Council Members Brown , Clayton , Williams , Sove r n , Smith , Mann , Tayl or None The Mayor declared the motion carried . * * * * * * Coun c ilman 3overn requested progress reports on the Lit tleton Fi r e- Littleton City stations contacts and the Disaster Pr eparedness Pl a n at the next meeting . * * * * * * Mayor Taylo r announced f or news and publication purposes fo r t he Sen t inel r eporter present t hat nomination p e tition packets for the up coming election will be available September 2 3 , 1977 through Oct ober 14 , 1977 at City Hall . * * * * * * Councilman Brown stated that he has requested the City Attor ney 's office to compose amendments to two different ordinances defining the kinds of animals that can be kept in the City of Englewood in on e ordinance ; and restricting the length of house trailers allowed to par k on residential property in the other ordinance . * * * * * * Councilman Mann requested the Assistant City Attorney to research and review the possibility of composing an ordinance restructuring the member - ship on the Water and Sewer Board . * * * * * * • I • • • September 19 , 1977 Pae 12 • • - COill!CILMAN WILLIA!-I OVED TO A OURN THE REGULAR CO UNCIL MEETING . Councilman Sovern seconded the motion . Upon a call of the r oll , the vote resulted as fo]lows : Ayes : Nays: Council Members Brown , Cl~yton , Williams , Sovern , Smith , Mann , Taylor No ne The Mayor declared the motion carried , and the meeting adjourned at 9 :20 P .M. • I • • In l"'"I • • • • - ---·--------------.-....-...... ~~=-s;;:!!5il'~ • I. u Move Y.. d s d d econ e f ROLL CALL A ,ve Nay Absta n A bsent Wi 11 i ams " Sovern ,.., smitn ,_ Mann ,__. Brown ~ I..--"' (.;Jayton (/' Mayor 1ay1or '-" / _, • I • • • -• • ~------ fJ IJ . ROLL CALL Moved Seconded Ave Nav Abstain Absent Wi 11 iams v-- Sovern 1.,,- V'" :,m1tn ,_ Mann ., v--Brown J,.L V' c1avton V' Mayor lavlor v-- L JI ) 7. ' ... $ _/. r l' .J.-::; . I' . t-JI ./ I/ • • I • • • -• • ROLL CALL M ed S OV d d econ e A we Nav A bstain Ab sent Wi 11 iams ...... i Sovern ,_ sm1tn ~ Mann ......- Brown d..-I/"' 'f... 1,;1ayton -Mavor Taylor ~ / / I I (l ... • • I • • • • -• • • ROLL CALL I " Moved Seconded Ave Nav Abstain Absent Wi 111 ams ~ , __ Sovern .~ Sm1 t:n ~ Mann ,_.,,.- Brown ~ ,.,_.... ,_ ctavton -Mayor laylor I./' J ,# ? ,I -; ' 2' I I tJ I 7 -' ' / ,. C - / I '.) ; " ,/ '• /' ;ti/[ A ' //,) ) I I • • J I -------------• • -• • ROLL CALL M d S ove d d econ e A ,ye N ay Ab sta n Ab t sen Wi 11 iams Sovern :im1tn Mann Brown Clayton Mayor Taylor I , i ? ~ ( • .I ; '-( dJ .., t! " I .I .... ,-1 ./, / I I , I I._, ~ .. r 's:, ,j t' l ' ') I -"' <, .. u ,:;, l ' ,,. ~ <: I V /...,•..; }') ... -~ __.-,;-,_ I ~ ? II ,. ' ~ I -"' I • • I • • - i v,' ---.,..-- • ' r ,,. , ) M ove d I- 1 (, I I s I' d d econ e --- I "' , • • • ROLL CALL A ,ve N av Willi ams ... Sovern ... sm,tn t Mann .... 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I 1r • I • • • • • ----------------------------- ROLL CALL M ed S ov d econ ed A we Nav Ab Sta n Ab sent Williams Sovern sm1tn Mann tsrown ~-1,;1ayton Mayor 1ay1or 7 ... > ,J,,, f"' I • • • • I V 1 ,, Moved Seconded X: X , l / • • • • • ROLL CALL Williams Sovern snritn Mann Brown ~ c;1ayton Mayor 1ay1or 'c t / A 1ye V V V V j../ /,/ I/ J/ .,,, . / Nay Abstain Absent I . • • - • • • ...._ l,'l, ,yt,:1_(1_./ /i, 1 1 1 -f/; 111 I ' ' It 7~ i :.J M ed S ov d d econ e Williams Sovern Sm1t:n Mann Brown* 1,;1ayton • • • ROLL CALL A \ye N ay V V V V' V V Mayor Taylor V I ..J /) C / I ) / JI ) ;2 ..__./ I ),1 I/ I ~ ;/ I ) J ./ • Abt i s a n Ab t sen I • • • - • • ROLL CALL ---I ~ I • J t1 {) /J-:1;1, M ed S dd ov econ e Ave Nav Abstain Absent Wi 11 iams V ~ Sovern V V :,nntll V Mann 1/ Brown ~ j/ 1,;1ayton V Mavor laylor V / ti / }) I ,?~ 4 ~ 1)\.111 v /--P /> J & ._./,, ,' ---1 ---,·; -1 J , r ) / ,,. ) / #..-~ &_,, t' L•"'"""' ) } )I }' ~- I.~ ({II ,,_,, /, I/ ' ''-' , ''-' ( >' 1 .. ,,J ' " ~, , <> ')") I I I ' , " {.., I' • I . • • • - - ~ . • j.(b) Mov ed s d d econ e • 'I. X _£-,--,-r, --,,-'t<l-,- / I / I J l I. I ' - 1 /'It v , I ' J • • • ROLL CALL A 1ve Nav Absta n Wi 11 iams V Sovern v' sm1tn i...----- Mann v-- Brown ~ L,./"' 1,;1ayton L,./"' Mavor I a.vl or J.,,, (J-1-1-)/' / l r ,,. J ) J _.<. "J t< I"> •-AC.-'. (/ J / I I '.'.) ' -:.; -' / I J\ <. ) / I t ;,. ../ I (_ 1 I 1 J ,I • Ab sent ) ..J ,,. . >' 0 )( / / I • • • • • ROLL CALL M ed OV s d d econ e A \Ve Nay Abstain Absent Williams Sovern --siiiITff Mann Brown ..::,f,,,,- Clavton Mayor Taylor <, I l I ..{ ' ; '- , I. ., I I / " ,. : ' " I , 4,, 1 .•" I I ' ) ... " , ) ~ l , 1 ' ,t.. ,/ ' ~ ' .. ) ·) C' I , I I "/ (' / /. ) -~ ,( 'I ~ /,J.U t • /I t: tI..1 / • I //I ') ')).,J,..; ,, (. .I l / C J ( I :7 (. I I • • ) '< -·. ) 2 ,, ._p. ., / ' ,• _/ • • • - _,.,,------------~-------------------~------- M d S ove d d econ e 'l( ')( JI / ~ -, Q. , . 7 0 ~ I ' I _, I 1 r • J ., ROLL CALL Wi 11 iams Sovern sm1t:n Mann Brown -.':ok- c1avton Mayor lavlor . ' «· / ,. _. f /I A \Ve Nav Abstain Absent V V ,.- £.--' ,._ I _,., V _, :, < ../..t ; t• 1) -...I'') 3 (}1; ) [-" I../' 1) /11 a 0.J~· ,,. , ... • • t '-/ -- I • • • - • • I ) / l..., I / I I /, I . . • • D n • -• • - ROLL CALL I Moved Seconded Na Abstain Absent 01 ~ 4-Q;( , c;; 1 / 1/i J t,) a ' , , C;, '- -1;; ) I .I \.. -:> C-, ,, ) ,, /L ,I .,#,,} ,-- , . • I . • • • - • • • • ROLL CALL Moved Seconded A ,Ve Nav Abstain Wi 11 iams V Sovern V ',( .::m111:n V Mann V "-Brown ~ /,.,"" c;iavton I/ Mayor Tavlor V [{ /J ( /"}'I l ~ )>;.C&Y-{ , !)I .., tJ-,. ,. " • {: £'·~ // /. >' ) I ) I ., JI / /1 • :1. 1 c ; ) ( ,. / ,.. ' " ' / L- I ',) f ,1 a , t' / ,, au / • v / > )) ., Absent I ,., .. )(_ -iu ., ~ L , .,. J I ~,·_ /, ·, I • • • • • ROLL CAL L M ed S ov d d econ e A ,ye Na IV Ab tai s n Ab t sen Williams Sovern :im1tn Mann Brown ~ c;1avton Mayor 1ay1or I,/ > .I J / / , I • • • • • -• • ROLL CALL Med S dd ov econ e Ave Nav Abstain Absent Williams V ,__.. Sovern I/' ""11tn ~ Mann J,./ lkown >f;:::' V' . ,,,. Clayton V Mavor 1av1or // (l'I l'I. l I l..,.., ' I 1 I -· / t CI-I ./ j fJ ;,.{) 1.! ( ct '7 / )) I I 1; /' ,.) <'.\._ (i l"I. / / .1)1 J .J // v ' ?I .L I I a(, I ,; }-' •) 2:/<J' ,J I q ( ,/ ,< / ,I • , ' _;; --/~..., r)) ~c1 " ' If I () 1 /11· -~ /1( ,.. 7) /:;;, ~I) .l:l p r ~, / ' .... " (h?-.· (,/ I/, ~ <"-) () t,. ..-"' ..... J al. I / ,; , • • I . • • • • • • ROLL CALL Moved Second d e Ave Nav Abstain Absent Wil 1 iams "-Sovern ;)ffJlt:n )( Mann Brown :>.c Clavton Mavor Tavlor --' A I' ;7 I -I ' ti .., 7 ~ I) v 4 ~.t.., (..)..(.. /1 d__ ,4 \J ~-' 1 t '?Y.,A I>'"" ,( ! '" -1:;· ...., ,} ~ .... / ..1. ,, ' (' ( ("/ /1 f;) I tJ . ~ .; ( / I .,... \.t t ~ - ~ ( /" , ,.;. I / t '( I ' ,, • ., i .: ' ('1 l ) } /. _, ,J ~ ., v I ¥/, ~ . ' .J I .. ) C' 7 -<. I 1 I ( ) I). ,, I lo { I )'-1 I ).. C,, I.)..~ t ,. ' a'" > I I I (' , I I tf v. ' £ /, Hl C"',.. ~ ~ • Ci I p/1 ! .. J I .I tP "' ' j I I ' ( 1 I ~ <.....,, Lt .-,,<.,...~ I , I . /, v • • ~ J l-1 l U'..,-/ rf I ,, /i ,I JJ l ; I " ' • • • -• • ----------~--- ROLL CALL M ed S ov d d econ e A lye Nav Abstain Absent Williams v-- Sovern V Y.. -sin11:n I/" Mann v-- 'I.. Brown ..='-1.,/' c1ay1:on V' Mayor Taylor ~ ., I • • I . • • • • -• • ROLL CALL M ed S ov d d econ e A 1ve Nav Abstain Absent J,---' W1111ams V ~ Sovern /.-,,' :,n11~n 1.,/' Ma;in ,~ isrown ~ ~ 1.;1ay~on 1,,-'" l'lavor nv1or 1/ . { ,. ( . -'--"--- -7 /' 1.J' ) A..,) • I . • \ • • • -• • ---~---= ROLL CALL M ed S OY econ ded A lye Nay Abstain Absent W111 iams I/' 'f.-.. Sovern I --sman ,__,,, Mann ........... Brown -;-of""'-V V l.1ayt.on V" Mayor 1av1or , ____ - I , I ,. , "I I .,_ . I, t!1" ,. . I ' I I ~ , ! 1'' / .I~ t ' '; J '\ If V t; I u< I .t , ' . t .. / -A ..J..,. 'I I' 't . / I ../, . ") - J I I I / I-J: C -.. b (! / i) I .I ) I ) • I I ,.j ( • I ( .. l I {{, --t\ I • • ' {J l( )~ • • • -• • ROLL CALL ,I M eel S ov d d econ e A 1ve Na lV Ab Sta n Ab sent Williams V' Sovern V' ,.-:vii1tn I./ V Mann V Brown ->¥-v' ciavton t..,-" Mayor 1ay1or v' /1 7 ...., /. _,/ '< I' ,, J ~ ---·· j ,, ti . , ;; I/ ~ <-'I-! " I -; ,) ~-D </ _., J 'vi ti J I , r ,_ -t ,,, ('-. (' -- I ! . JI I ' • .r I'' I r { I ~ I~ I " ({ (1 . ') Cl I ~ .,0 -I < <.. £ ' ·1 // ,. ( / \ .{ ~ ./ t Jr / ''J r ,, ,_... ~ /"r '~! i I 1 l r <!. .,. J ~, ' I ,, I • • • • • -• - ROLL CALL ,__J Ci --'/ M eel S ov d d econ e A lYe Na lV Ab Sta n Ab sent W1111ams V Sovern t,.-- ',( :imnn v-- Y.. Mann ~ Brown ,,¥-1.../"' 1,;1ayton v- Mavor 1aylor ~ ? / , ., , V t) I / ..I ~ -?-. J ;(. < / ~ ) , . ·J , ,:_ .) ., / • • I . • • • - ... < • ' J 0 IL ----; ' I v '/,· C • • • ROLL CALL Moved S d d A N econ e \Ye ay bsta 1n Absent V' Williams -A ,_ Sovern ~ :>mnn ~ l"lann ""' _Drown .:-2"-J.--_1.,ayton [-, l"layor Tay I or "' ') ")1 L 1 '-~ I ; . '-- 0 ~l-(,, ~ . 7 ~ J' .., ) V n I· I 1 r ii I . • ( • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 19, 1977 7:30 P.M. Call to order, invocation by Minister Joe Booth, Church of Christ, 4690 South Logan, pledge of allegiance by Boy Scout Troop #92, and roll call . 1. Minutes . 6tR' ·,· .,(a) I , ,J Minutes of the regular meeting of September 6, 19 77. (Copies enclosed.) 2. Pre-Scheduled Visitors. (a) Mr . Walter Samuelson, 3855 South Lincoln St ., will be present to accept the proclamation .. I'' 1 proclaiming September 24, 1977 as "Hunting and Fishing Day ." (Copies enclosed.) 1. • ,. (b) Representative of Freddie Fudd' s Food and ~ ~ Fritter Factory will be present to request --,,j, 11 ~. /J a hotel and restaurant license retroactive U 'aA.O'-]Q"d7!C.., to January l, 1977 for Shetland Inc. d/b/a Freddie Fudd's Fo od and Fritter Factory, 1001 West Hampden Avenue. (Council action request form en closed.) . . -{C.) ~,a-nd.f!,L }? a LJ/cJJ, ~1o 1J11. "n.tde., /U ~'ub..t1v 'lf ti«., /1..l \o-nu>:iq_ ,..,{ ..3:17 0 ...:/ d#. ~l ,._,c.fl \ 3 . Commun ~catien~ -No Action Recommended. (a) Minutes of the Library Board meeting of August 9, 1977. (Copies enclosed .) (b) Minutes of the Board of Career Service Commissioners meeting of August 25, 1977 . (Copies enclosed.) (c) Financial Report for the month of August, 1977 . (Copies enclosed.) I • • • • • • Page 2 September 19, 19 77 Agend a 4. Communications -Action Recommended. (a) J 6 (b) l ' (c) (d) (e) ,, ' Minutes of the Library Board meeting of September 13, 1977 with a recommendation that the Englewood Public Library be a member of the Central Colorado Library system for the year beginning October, 1978 . (Copies enclosed.) Recommendat ion from the Planning and Zoning Commission meeting of September 7, 1977 con- cerning t he Cherokee Kivas Planned Development. (Copies enclos ed .) Recommenda tion f rom the P l anning and Zoning Commission meeting of September 7, 1977 relative to the classification of South Santa Fe Drive. (Copies enclosed.) Request for a Hotel and Restaurant license renewal for Fifteenth Street Inc. d/b/a The Waldorf, 4595 South Santa Fe Drive. (Council action request form enclosed.) Memorandum from the Director of Public Works and the Director of Finance to the City Mana- ger concerning the 1977 Crosspan Replacement Program bids. (C opies enclosed.) (f) Memorandum from the Director of Finance to the City Manager concerning the 1977 Audit 0 ,, Contract. (Copies enclosed .) 5. City Attorney. ( Ordinance on Final Reading. (a) Ordinance approving a right-of-way agreement between Melvin J. Den ning and Verla N. Denning and the Continental National Bank (granters) and the City of Englewo od ; authoriz i ng the execution and delivery of certain r ea l prop- er ty as descr ibed herein ; and authorizing and directing the Mayor to execute said a gre ement and conveyance ; and direct ing the Director of Finance to attest the same. (Copies enclosed .) I • • - I • • • - Page 3 September 19, 1977 Agenda 5, City Attorney (Continued), (b) , , Ordinance requiring the owners of all property having connection to the City water supply to install approved water meters upon the sale, transfer, or change from residential to com- mercial or industrial use. (Copies enclosed.) (c) Ordinance amending the agreement between the . ~~ City of Englewood and the Englewood Housing ' Ji i 1 , Authority concerning the Housing Rehabilitation , J,i, Loan Program . (Copies enclosed.) Uf' Other Matters. (d) Attorney's Choice . 6, City Manager . (' ' • /.,,. .. J '\~,I', (a) Resolution appropriating funds for operational audit and Fire Department overtime. (Copies enclosed .) (b) Appointment to the Rehabilitation Loan Committee. e r. (c) Transmittal of the 1978 Budget . (Copies enclosed.) (d) Manager's Choice, (: ,.._ ... J ) ~ . 7, Other Visitors. I /"'-l , ~ ' ' ...., 8, General Discussion . (a) Mayor's Choice. (b) Council Member's Choice. (1) Clarification of tet'llls of appointments to the Water and Sewer Board . (Copies enc lo se d.) 9. Adjournment . • I • • I r:i . I c, - ( ( ( \ • • • • COUNCIL CH AMBERS CITY OF ENGLEWOOD , COLORAIXl September 6 , 19 77 RE GULAR MEETI NG: The City Council of the City of Englew ood , Arapahoe Co unty, olorado , met i n regula r s ession on Septemb er 6, 1977 a t 7:30 P.M. May or Tey ler , p r esiding, called the mee ting to order, The i nvocation was given by Mr . Jo Booth, Church of Chris t , 4690 South Logan. Th e Pledge o f Al l egiance wa s led by Meyer Teyler . May or Tey ler a s ked for roll call . Upon th e call of the r oll , the following were present: Co uncil Members Wi liams , So ve rn , Smith , Brown , Mann, Clayton , Teyler Abs ent: Non e Th e Mayor declared a quorum present . Al so p re sent were: City Manager Mccown Assistant Cit y Manager Curnes City Atto rney Bera rdini Director of Co mmunity Developm ent Wanush Di r ec tor of Public Wo r ks Wagg oner Fi re Chief Ham ilton Acting Employee Relati ons Director Brown Director of Finance/City Clerk James Revenue Chi ef Johanniss on Deputy City Clerk Watkins * * • * ti * COUNCILMAN SMITH MOVED TO ACCEPT THE MINUTES OF THE REGULAR CIT Y COUNCIL MEET ING OF AUGUST 15 , 1977 , Coun c i lman Sovern seconded the motion , Upon th e call o f the roll , the v ote resul ted as f ollows: Ayes: Council Members Smith, Mann , Brown, Clayton , Wi l liama, Sovern, Teyler Ney s: None The ~..ayer declared the mot ion carried. * * ti * II * COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE SPECIAL CIT Y COUNC IL MEET I NG OF AUGUST 22, 1977 , Councilman Brown seconded the motion. Upon the call of t h e r oll , the vote res ulted as follows: • I • • September 6, 1977 Page 2 A::fes: Neys: • • - Council Members Smith, Mann, Brown , Clayton , Williams, Sovern, Ta,ylor None The MB,Y or de clared the motion carried . • • • * • • COUNCILMAN CLAYTON MOVED THAT THE MAYOR PRESENT TO MR . DON HARPER A PROCLAMATION DECLARING SUNDAY, SEPTEMB ER 11, 1977 , TO BE "DON HARPER DAY" IN THE CITY OF ENGLEWOOD, COLORADO. Councilman Smith seconded th e motion , Upon a call of the roll, the vote r esulte d as fol lows: A::fes: Nays: Council Memb ers Smith, Mann, Brown , Cley ton , Willi ams, Sovern , Ta,ylor , None, The Mayor declared the motion carried . • * • • * • ( COUNCILMA.N CLAYTON MOVED THAT THE COUNCIL ACCEPT THE PROCLAMATION AS PRESENTED AND FULLY SUPPOR T THE PROCLAMATION , Councilman Brown seconded the n:oti on. Upon a call of the roll, the vote r esulted as follows: ( • A::fes: Nays: Council Members, Smith, Mann , Brown, Clay ton, Williams, Sovern , Taylor None The Mayor declared the mot ion carr ied, • • " • • • Mayor Ta,ylor presented this proclama ion to Mr. Harper, which honors him for his servic e as Superintendent of Englewood Public Schools for ten years and the participation with Englewood Public Schools totaling 38 years as well as acknowledging the dedicated interest and leadership Mr. Harper has displayed as an Englewo od citizen , honor . Don Harpe r, 4930 s. Elati, hanked he City for this privilege and • * • * * * Pre-scheduled visitor Mr, Rudolf Tisch, owner of the Liquor Barn, 4415 South Broadway, a pp eared and requested from the City approval f or plans to rem odel and expand the facility, He reviewed the plans with the City Council and ans wered t h ei r questions, I • • n M - - ( ( ( • September 6, 1977 Page 3 • • - COUNCILMAN MANN MOVED THAT THE COUNCIL APPROVE THE PLANS TO EXPAND THE FACILITY, Councilman Williams seconded the motion , Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Mann, Brown, Clayton, Williams, So vern Council Member Taylor The Mayor declared the motion carried, • • • • • • COU!WILMAN CLAYTON MOVED TO OPEN PUBLIC HEARING ON THE PROPOSED USE OP' REVENUE SHARING FUNre FOR 1978, Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follow s: Ayes: Nays: Council Members Smith, Mann , Brown, Cl ayton, Williams, Sovern, Taylor None The Mayor declared the motion carried , City Marl88er Mccown stated the purpose of this public hearing is to consider the proposed uses of revenue sharing funds for 1978 Budget, Each year the City receives from the federal government an amount of revenue sharing funds based on a complicated fonnula that has to do with the amount of taxes the City receives and the tax base. In 1978 the City will receive in revenue sharing funds slightly less than $700,000, In compliance with the guidelines for receiving these funds, the City must hold two public hearings -this meeting being the first to receive input from the public as to how they would desire to spend the money, The second public hearing would be held later as part the budget hearing when the City submits the proposed budget to the Council with specific uses for th e revenue sharing funds outlined in the proposed budget, At that time the public would be invited to comment on these specific uses, Mayor Taylor then asked if there was anyone in the au dience who wished to speak to the Council on proposed uses fo r revenue sharing funds for 1978, Bob Br~ndage, 4140 S, Huron Street, appeared a nd requested that the money be disbursed for the following: 1) A contingency fund to be set aside f or t he City to use when other funds become deficient. 2) A contribution to the Denver Center fo r Perfo rming Arts. 3) For the rejuvenation of the downtown area, Mertyl Jones, 5020 S. Washington, appeared and stated that bathroom facilities are needed at Duncan School and that a park is needed in their area, William Anderson, 4981 S. Washington , appeared and stated that improvements are needed at Belleview Park and a b a thhous e needs to b e constructed at Sinclair School , • I • • ( ( • September 6 , 1977 Pag e 4 • • - Maurice Jones, 5020 s . Washington, appeared an d i nq uired if th e money could be spent by the Water Department. City Manager Mccown repl ied that the Water Department could us e part of the money f r om the r evenue sharing funds . Mr, J ones then asked that s om e o f the money be used by the Water Department to facilitate the treatment and distribution o f wa ter, Mayor Tay lor asked if there wa s anyone else wishing to address the Council on the proposed use of revenue sharing funds , No one r e plied, COUN CIIJ.!AN WILLIAM3 MOVED TO CLOSE THE PUBLIC HEARING , Councilman Sovern seconded the motion, Up on a call of the roll , the vote resulted as follows: Ayes: Neys: Council Members Smith , Mann , Brown , Clayton , Williams , Sovern , Taylor None The Mayor dec l are d the motion carried, * * * * * * "Communications-No Action Recommended" on the a genda wer e received: (a) Minut es of the Housing Aut ho rity meeting of July 6, 1977 (b) Minut es of the Planning and Zoning Commiss i on meeting of July 19, 1977. (c) Minutes of the Denver Regi onal Coun cil of Gov ernments meeting of July 20 , 1977 (d) Minutes of t he Board of Career Service Commissioners meeting of July 21, 1977 (e) Minutes of the Parks and Recreation Commissi on meet ing of August 11, 1977 , City Manager Mccown commented on (e). He stated that the next Parks an d Recreaticn Co mmis sion meeting will be September 8 instead of September 9 , City Manager McC own also stated t hat the Parks & Recreation Commission extended the in- vitation to the Council to join them in a tour of the parks which wi l l be conducted on that dey, September 8, at 5:00 P .M. * * * * * * City Manager Mc co wn presented the minutes of the Water and Sewer Board meeting of Augus t 23 , 1977 conce r ning Supplement #9 to Greenbelt Sanitation District; app ointment of a Board member to Revi ew Board to select an engineer for the Water Capital Improvement Program and a replacement f or Harold Babcock. City Manager Mccown stated that the City Council h a d approved the Supplement #9 at the last meeting and had f orwarded onto the Wate r and Sewer Board their approval , He also stated that the Counc il had concurred with his recomm endation to create a • I • • ( ( ( • Septemb er 6, 1977 Page 5 • • - boar d to serve as a review board t o select the f uture design engineer for the water capital improvement program, Mr , Thoma s Gi bson has b e en chosen to represent t he Water Board on the revi ew b oard, City Man ager Mccown stated that since the Co uncil had given prior approval fo r these t wo recomm endations and the minutes reflect tho se previ ous actions, he requested the Co uncil to receive them o ffi cially, COUNCILMAN SOVERN MOVED THAT THE COUNCIL RECEIVE THE RE CO MMENDATIONS FROM THE WATER AND SEWER BOARD ON SUPPLEMENT #9 OF TH E GREENBELT SANI TATION DISTRICT AND THE APPOINTMENT OF MR, TOM GIBSON TO THE BOARD FOR THE SELECTION OF AN ENGINEER ON TH E WATER CAPITAL IMPROVEMENT PROG RAM , Coun c ilman Ma nn seconded t he motion. Upon a call of the roll, the vote res ulted a s f o llows : ~ea: Naya 1 Council Memb ers Smith, Mann , Brown , Cl ay ton, Williams, Sovern, Taylor None The Mayor dec l ared the mot i on c a rri ed, • • • • • • City Manager Mccown stat ed t hat the i t em concerning a repl acement f or Harold Babcock generated from inf ormation from Mr , Babcock himself indicating that he ia ill and muat resign f r om his pos ition on the Board. Therefore, the Board is r ecommending that his pos ition b e declared vacant and the Council take necessary action to fill that position, COUNCILMAN CLAYTON MOVED THAT THE COUNCIL ACCEPT THE RESIGNATIO N OF HAROLD BABCOCK TO BE EFFE CTIVE SEPTEMBER 6 , 1977 AN D SEND HIM A LETTER STATING THE COUNCIL'S APPRECIAT I ON FOR HIS PAST SER VICE . Councilman Mann seconde d the motion, Upon a call of the r oll , the vote resulted a s f ollows : ~es: Nays: Council Membe rs Smith, Mann , Br ow n, Clayton , Wil liams, Sovern, Tay lor None The May or declared the motion carried, • • • • • • Director of Communi t y Development pres ented a recommendation from the Pl anning a nd Zoning Commission meeting of Augus t 16 , 1977 concerning proposed amen dm ents to the Comprehensive Zoning Ordinanc e regarding the prohibition of the use of metal shredders within the city limits of the Ci ty of Englewood , Director Wa nush s tated th a t it is unclear as outlined in the Ordinance as t o whether metal shredders are permitte d i n the City. Director Wanush further sta ed that these proposed amendments a re concisely wr itten to prohibit the use of metal shredders in th e City of En g lewoo d , Director Wanus h read the pro pos ed amendments to the Co un ail . • I • • ( ( -, ( • • • • Septe er , .977 Page 6 COUNCILMAN SOVERN KlVED TO INSTRUCT THE CITY ATT ORNEY TO PREPARE THE ORDINANCE ON THE COMPREHENSIVE ZONING ORDINANCE AMENDMENTS IN ACCORDANCE WI TH THE RECOfof(ENDATION WITH THE PLANNING AND ZONING COMMISSION ON MFI'AL SHREDDERS , Councilman Smith seconded the motion , Upon a call of the roll, the vote resulted as follows: Ayest Nays: Council Members Smith, Mann, Brown, Clayton, Williams , Sovern, Taylor None The Mayor declared the motion carried, * * * * * * Director of Community Development Wanush presented a request for an encroachment agreement between the City and the Englewood Elke Lodge #2122, 3690 S, Jason Street, This encroachment involves a new marquee that will be constructed to replace an old marquee both of which encroach six feet into the South Jason Street right-of-wlcy', COUNCILMAN WILLIAMS MOVED THA T THE ENCROACHMENT BE ALLOWED FOR THE ELKS LODGE, Councilman Mann seconde d the motion . Upon a call of the roll, the vote resulted as follOW'e: Ayes: Council Members Smith , Mann , Brown, Clayton , Williams, Sovern, Taylor Nays: None The Mayor declared the motion carried , * * * * * * Director of Community Development Wanush presented a second request for an encroachment agreement between the City and Mrs , Edna Tourtelot , 2791 So uth Ogden Street, Director Wanush explained that Mrs , Tourtelot has asked permission to construct a fence within the existing right-of-way of Ea.st Amher st Ave , COUNCI LMAN SOVERN MOVED THAT THE COUNCIL GRANT THE ENCROACHMENT AGREEMENT FOR 2791 S, OGDEN STREET FOR CONSTRUCT ION OF A FENCE ON THE CITY RIGHT-OF-WAY , Counci lman Brown seconded the motion, Upon a call of the roll, the vot e resulted as follows: Ayes: Nays: Council Members Smith , Mann, Brown , Cl ayton , Williams , Sovern, Taylor None The Mayor declared the motion carried , * * * * * * • I • • ( ( • September 6, 19 77 Page 7 • • • Mr. Tom Burns, 36 00 s . BaIU1ock , appe a r e d b e fore the Council i n t he capacity as Chairman of the Englew ood Hous ing Authority and pres ente d a memo r an- dum regarding the Housing Rehab i litation Program . Mr , Burns exp l ained that th e Housing Authority has for some t i me desi r ed to imp l ement changes in t h e Pro gram and that the Housing Autho r ity h as b een pursuing a n a rrangement fo r s ourcing with local banks to expand the funding of the program. In o r der t o i mpl ement the desired changes, Mr, Burns requested t hat t h e Counc il agree to a ccept the pr opos ed by-laws concerning the Rehabilit ation Lo an Commission member ship as well a s the revised agreement, Councilman Sovern inquired ab out the proposed by-l aws in t hat un de r 7,0 entitled "Amendment", the Authority may by a vote amend any of the by-l aw s provided the Amendment is submitted in writing, Councilman Sovern stated that such a provision could possibly give t he Committee overriding power . He suggested that a revision be made t o include c onsultation with the Council by the Co m- mittee for Council input before any mon ey is spent on programs , Councilman Clay t on suggested tha t the wording on page 2 under 5 .0 "Meeting" be changed from ".,, i n a b uilding own e d by the Ci t y " t o "operate d by the City" or "official City building ." Mayor Taylor suggest e d t o t he Co unc il that t hey mak e re c ommenda t i ons f or representatives they would l ike to have serve on the Hous ing Rehabilitation Committee and possibly arrive at a sel e cti on i n the near fut ure, COUNCILMAN SOVERN MOVED TO DI REC T THE CITY ATTO RNEY TO CO MP OS E AN ORDINANCE APPROVING THE PROPOS ED BY-LAWS AND THE AGREEMmT BETWEE N THE HOUSING AUTHORITY AND THE CITY OF ENGLEWOO D ON THE NEW REHABILITA TION LOAN PROGRAM AND 'll!A T THE AGREEMENT CONSIDER TH E SUGGEST ED RE VI SIONS DISCUS SED. Council.man Ma nn s econded the motion, Upon a cal l of the roll , t h e vote res ulte d a s follows : Ayes: Nays: Counc il Members Smith , Ma.Illl , Br own, Clayton , Wi lliams , Sovern , Tay lor Non e The Mayor de clar ed the moti on car r ied , II II II II II • Mayor Taylor decla red a reces s a t 8:5 5 P ,M, City Counc il rec o nvened a t 9:1 5 P.M, Upon a call o f th e ro ll , the foll owing were present: Counc i l Members Wi lliams , So ve r n, Smi t h , Brown , Mann, Cl ayton , Tay lor Absent: None The Mayor decl ared a quorum present , • I • • C September 6, 1977 Pe.ge 8 • • • INTRODUCED AB A BILL Hi COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO . 22 SERIES OF 1977 AN ORDINANCE AMENDING SUB-SECTION (b), SECTION 32, CHAPTER 3, TITLE XV, l,'-Tl'.;.> 1969 ENGLEWOOD M.JNICIPAL CODE BY INCREASING THE CHARGE FOR THE CU'ITING OFF ·~z WATER SERVICE, COUNCILMAN SOVERN MOVED TO PASS ORDI NANCE NO, 22, SERIE3 OF 197'7 ON FINAL READING, CouncilJllan Br()\(n seconded the motion, Upon the ce.11 of the r o ll, the vote resulted as foll()\(s: Ayes: Nays: Council Members Smi th, Me.nn, Brown, Clayton, Wi llie.ms, Sovern, Taylo r None The Mayor declared the motion carried, • • • • • • COUNCILMAN CLAYTON MOVED TO APPROVE THE PROCLAMATION DESIGNATING SEPTEMBER 17, 1977, AB "COOKIE MONSTER DAY" OF SE3AME STREET IN THE CITY OF ENGLEWOOD, Councilman Mann seconded the motion, Upon e. ce.11 of the roll, the vote resulted as follows: Ayes: Nays1 Council Members Smith, Me.nn, Br()',(n 1 Clayton, Williams, Sovern, Taylor None The Mayor declared the motion carried, • • • • • • City Attorney Bere.rdini presente d e. meroore.ndum concerning the Denver Mete.ls Company vs. Are.pe.hoe County, City Attorney Bere.rdini explained the.ton Friday, August 26, 1977, that he received e. letter from Mr, Von Frellick expressing hie feelings with reference to e.dd i tione.l court action the.the fee l s is extremely important to the City's position in this ce.se. City Attorney Bere.rdini continued to explain the.t the letter points out the.t certain action could be instituted in the voiding of Judge Pyle's order in the Denver Mete.ls case, The City Attorney he.a proceeded to bring e.n action in the Supreme Co urt of the Ste.te to ve.ce.te e.1 1 orders entered by Judge Pyle, primarily in refusing to e.llov the City to enter e.s e. pe.rty in the Denver Mete.ls vs, Are.pe.hoe County case , The Ci t y Atto rney ha s incurred some expenses in filing of the ce.s e in the original proceeding e.nd vill report these costs e.t a later date when he has received a bill, A decis ion should be forthcoming in three or four de.ys e.e to whether the Supreme Court vill te.ke jurisdiction in this cas e, • I • • September 6, 1977 Pat!;e 9 • • - COUNCILMAN SOVERN MOVED TO AU'll!ORIZE THE CITY AT'roRNEY TO PROCEED IN ACCORDANCE WITH HIS MEMORANDUM AND IN AC CORDANCE WITH THE AD DITIONAL INFORMAT I ON HE HAS 01.lrLINED AT THIS MEFI'ING. Councilman Smith seconded th e motion . Up o n a call ot the roll, the vote resulted a s f ollows: A;:fes: Nays: Council Members Smith, Mann, Brovn, Cl ayto n, Sovern, Taylor Council Member Williama The Mayor declared the motion carried. • • • • • J ty Attorney Berardini presented a ot judgement between the City of Englewood vs. in a condemnation ~ction. • • stipulation and consent to entry Motor Crane and Winslow Construction COUNCILMAN SMITH MJVED THAT THE CITY COUNCIL APPROVE THE STIPULATION AND THAT THE CITY A'l"l'ORNEr BE DIRECTED 'ro SUBMIT THE STIPULATION AND CONSENT 'ro ENTRY OF JUDGEMENT Bt"l'WEER THE CITY OF ENGLEWOOD VS. IDTOR CRANE SERVICE COMPANY AND WillSLOW CONSTRUCTION COMPANY IN COURT. Councilman Sovern seconded the motion. Upon a call ot the roll, the vote resulted as follovs: A;:fes 1 Nay111 Council Members Smith, Mann, Brovn, Clayton, Williams, Sovern, Ta ylor None The ~or declared the motion carried. • • • • • • City Attorney Berardini presented an easement agreement between the City ot Englewood vs. Motor Crane an d Winslov Construction vhich grants to them a ten toot easement across a p ortion of the golf course area in order to allov t h em to connect a sever outlet tram their property to the 66" main that traverses p a r t ot that course. COUNCILMAN SOVERN MOVED 'ro AUTHORIZE THE MAYOR TO EXECUTE THE EASEMEN T AGREE- MENT BETWEEN THE CITY OF ENGLEWOOD AN D MCYl'OR CRANE AND WINSLOW CONSTRUCTION COMPANY FOR THE PURPOSE OF A SEWER CONNECTION. Co uncilman Smith seconded the motion. Upon a call ct the roll, the vote resulted as f ollows: A;:fee: Nays : Counc i l Me mb e rs Smith , Mann , Brovn, Clayton, Wi l l iams, So vern , Taylor None The Mayor decl ared he motion carried. • • .. • • • • I • • • • September 6, 1977 Page 10 • • • Councilman Smith addressed the Council to di s cuss th e motion made by himself at the January 3, 1977, meeting in whi ch th e Council took action detennining that the Council would allOI( the refund of rent money for property that the Council purchased for the Simon Center, Councilman Smith stated that at a later time , the Counc il was notified by the City Attorney that under state l aw the act was perhaps unlawful and could result in misappropriation of funds , Based on the City Attorney's opinion the Council could be liable to suit, COUNCILMAN SMITH MOVED THAT THE COUN CIL RESCIND THE MOTION MADE JANUARY 3, 1977, WHICH WAS WOR DED TO DENY ALL RELOCATION EXPENSES BUT TO REI'URN RENT PAID TO THE CITY IN THE FOLLO,,/ING AIDUNTS : TO PHIL'S AUTO CLINIC -$1 ,750 ; C & L AUTO BODY -$1,250; AND A & B TRANSMISSI ON -$1,350 BASED UP ON CONSULTATION FROM THE CITY ATTORNEY AND THE STATE CONST ITUTIO N, ARTICLE ELEVEN, SECT ION II , IN ADDITION TO THE FACT THAT THE CLIENT'S ATTORN EY HAS FAILE D TO CONTACT TH E COUNCIL ON NUMEROlB REQUESTS FROM THE COUN CIL CONCERNING A FURTHER MEETING CONCERNING THIS MATTER, Councilman Sovern seconded the motion , Councilman Sovern pointed out that Co uncilman Smith's motion is a rescinding of two motions that were made a t two different meeting of Council . The first motion was made January 3 , 1977 and the sec ond February 7 , 1977 . Whereas, on February a motion was made requesting a meeting with the land own ers because of the legal question raised at that meeting, and the land owners failed t o oblige , Upon a call of the roll , the vote resulted as f ollows: Ayes: Nays: Council Members Smith , Mann, Brown, Clayton, Williams, Sovern , Tay lor None The Mayor declared the motion carried , * * * * * * The City Atto rney presented a Resolution requesting the City Manager to give a termination notice of lease between the City of Englewood and MacLee Radio, Inc. for land needed for the second nine holes of the Golf Course , RESOLUTION NO, 39, SERIES OF 1977 A RESOLUTION TERMINATING THE LEASE AGREEMENT OF JANUARY 1, 1972 , BEI'WEEN THE CITY OF ENGLEWOOD AND MACLEE RADIO, INCORPORATED . COUNCILMAN BRCY.IN MOVED TO PASS RESOLUTION NO , 39, SERIES OF 19 77, Councilman Mann seconded the motion, Upon a call of th e roll, the vote resulted as follows: Ayes: Council Members Smith , Mann , Brown, Clayton, Williams , Sovern, Taylor Nays: None Th e Mayor declared the motion carried. * * • • * * • I • • - \ • September 6, 1977 Page 11 • • - City Manager Mccown reques ted the Council to consider the r epresentation by the City Attorney for himself and the Director of Finance Bill James in a suit brought against them by the cl i ents requ est ing refund of r entals for property at Girard and Lincoln Streets. COUNCILMAN CLAYTON MOVED THAT TH E CITY ATTORNEY BE INSTRUCTED AND AUTHORIZED TO REPRESENT ANDY MCCCMN THE CITY MA NAGER AND WILLI AM JAMES IN HIS CAPACITY AS DIREC'IDR OF FINANCE AND EX-OFFICIO CITY TREASURER OF THE CITY OF ENGLEWOOD. Councilman Sovern seconded the motion. Upon a c all of the roll, tha·~ote resulted as follows: Ayes: Nays: Council Members Smith, Mann, Brown, Clayton, Williams, Sovern , Taylor None The Mayor declared the motion carried • • * • • • * City Manager presented a report from the Fire Dep artment and the Fire Association concerning overtime requirements in order to maintain 3-man per piece of equipment in the Fire Department this year, City Manager Mc co wn exp lai ned that the Fire Department projects deficit in their overtime allowance this year due to sick leave pay, injury leave and pension a ctions. The Fire Department projects that the overtime allowance will be approximately $10,000 over a t the e nd of the year . City Manager McCovn recommended the Council appropriate $10 ,000 to the Fire Department to supplement the budget. City Manager presented three memorandUlllS f rom the Firefighters Ass ociation stating that the Association will appoint a conmittee to monitor the use of sick leave and try to control the use by their own members; and also , apologizing for erroneous statements that were made t o a radio station and resulted i n an erroneous news release, The memorandUlllS assured the Council news releases will not be made by any of their members unless that person is cleared f irst by their executive board , COUNCILMAN SOVERN MOVED TO APPROPRIATE AN ADDIT IONAL $10 ,000 TO COVER 'fflE OVERTIME FOR THE REMAINDER OF 1977 . Council.man Williams seconded the motion , Councilman Sovern commended the Firefighters Association for this response to the Council . Councilman Clayton expressed appreciation for the suggestions that the City Administration brought forth concerning the overtime matters and that the City Administration needs to c ontinue suggesting reso lutions to various problems that arise, Upon a call o f t he ro ll , the v ote resulte d as follows: Ayes: Counc il Members Smith, Mann , Brown , Clayton , Willie.ms , Sovern , Taylor • I • • - • September 6, 1977 Page 12 Nays: None • • • The Mayor declare d the motion carried, • • • * • * City Manager Mccown presented a report recomme ndi ng the use o f a surplus pumper from the Fire Department being assigned to Red Rocks Camp us of the Community College of Denver for their use in the various programs that th ey have avail ab le , Chief Hamilton and Mr, J o e LaWand, Chief Instructor of Fo rest Sc iences at the college appeared before t he Co un cil and answer ed questions that the Council had concerning this assignment, Mr, LaWand stated that in the agreement for this assignment, a clause will be inserted to the effect tha t if at any time, the pumper can no longer be used in the program, the pumper wi ll b e returned to th e City of Englewood. Mr, LaWand thanked the Council for their generous acti on, COUNCILMAN WILLIAM3 MOVED THAT THE 1956 PUMPER BE TRANS FERRED TO THE FOREST SCIENCES TECHNOLOGY DEPAR'lm:NT AT THE COMMUNITY COLLEGE AND TH AT THE COUNCIL ACCEPr A CONTRACT WITH CHANGES IF NECESSARY, Coun cilman Sovern secon ded t h e mot ion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith , Mann , Br own, Cl ayton , Wi lliams , So vern , Taylor None The Mayor declared the motion carried, * * • * * * COUNCILMAN SMITH MOVED TO SCHEDULE A PUBLI C HEARING ON THE PROPOSE D BUDGET AND THE USE OF REVENUE SHARING FUNDS FOR OCTOBER 3 , 1977 AT 7:30 P ,M, AT THE REGULAR COUNCIL MEETING, Councilman Brown seconded th e motion, Upon a call of the roll, the vote resulted a s follows: Ayes: Nays: Council Members Smith, Mann, Brown, Clayton, Wil li ams, Sovern , Taylor None The Mayor declared the motion carried, * • * • * * City Manager Mccown presented a summary of he Little Dry Creek Survey. The City Manager pointed out that three surveys were conducted on Little Dry Creek , 1) of those people who had appeared at previous pub l ic hearing o n this subject I • • September 6, 1977 Page 13 • • • 2) of people who were l oca t e d on the flood plain 3) random sample survey of people located throughout the Ci ty of Englewood . Director of Pub lic Work s Waggoner appeared before the Council an d reviewed the results of the survey. Director Waggoner pointe d out ha Alternate #2 was favored the highest amo ngst t hree alternati ves. Di recto r wa;, oner further pointed out that in view o f the survey resu l ts, me etings vi h ~.h e Flood :o ntrol District and with the Englewoo d School Board for a pos s ible s ol t ion should be considered. He stated fac tors t o be considered with de t ai le exp ana i o and recommended that the Counci l decide to pick an Alterna~e a nd rr s ent ·he choice to the District as well as request Wfl¥S of financing t h e prnJe- Councilman Sovern s t a t e d th at the program should be researched in accordance to funding avai lability and scrutiniz ed to see if the City would be eligible for different fun ding opportunities . Councilman Sovern a l so stated that the City should have sources o f money from whi ch to draw upon before an alternative can b_e chosen . Mayor T1J¥lor r equested that the Cou nci l should decide on an alternate to commence the project now that the results of the survey are in . Councilman Sovern suggeste d t hat the Council conduct a study s ession to decide on an alternate a nd d iscuss the matter at l ength. Councilman Sovern requested that a date for sometime in October b e set at the next regular Council meeting, September 19, 1977. William Anders on, 4981 S . Washington, appeared before the Council and stated that the water must be stopped above Clarkson in order to prevent any flooding, * * * * * * Mayor Taylor anno unced that the May or's Coffee will be 9 :00 A.M. at the Simon Center, Thrus day , September 8, 1977 , * * * * * * Mayor Taylor reque s ted that as many tickets as possible be sold for the so~ball game, The money r aised will be fo r reimbursement to the City for the Simon Center furnishi ng s, * * * * II II May or Taylor welcomed Janic e Watkins , Deputy City Clerk, to t h e Co uncil meeting. • I • • • September 6, 197 7 Page 14 • • • Councilman Clayton stated t hat he received a telephone call from Maurine Anderson, Public Relations Director f or Englew oo d Scho ols on Fr ida;y , September 2, 1977, reques ting a monetary do nati on for the expens e o f a bann er honoring Don Harper up on his retirement , COUNCILMAN CLAY TON MOVED TO AL LOl' FR OM THE GENERAL FUND UP TO $125 FOR THE EXPENSE OF PUTTING UP A BANN ER OF AP PRECIATION FOR DON HAPRER UP ON HIS RET IRDmNT , Councilman Smith seconded t h e motion, Upon a call "of the roll, the vote result ed a s follows: Ayes: Counc il Members Smit h , Mann, Brown, Clayton , Wi lliruns , Sovern, Tay lor None The Mayor declared t he mot ion carried, • • • * * * COUNCILMAN SMITH MOVED TO SET A SPECIAL COUNCIL MEETING FO LLOWING THE PUBLIC HEARING ON SEPTEMBER 12, 19 77 TO MAKE APPOINTMEN TS TO BOAR DS AND CO MMI SSIONS , Co uncilman Sovern seconded the mo t i on , Upon a call of the r oll , the vote resulted as follows: Ayes: Nays: Council Members Smith , Ma nn , Brown , Clayton , Willi ams, So vern , Taylor None The Mayor dec l ared the motion c a rri e d , * * * * • * Councilman Brown reques t e d t he City At t or ney t o have prepar e d f or t he next Council meeting amendmen ts t o t h e a nimal cont r ol or dinance , Co un c ilman Brown recall ed the incidence in which th e Council took co urt a ction against a family that had a horse living in the backyard and the Judge ruled in favo r of the family because the City's ordinance was not clear enough; hue all011 i ng reside nts to keep horses and other farm animals i n their backyards , Councilman Br011n stated that the City needs a clearly defined animal control ordinance . Councilman Brown stated that an or dinance needs to be composed restricti ng the length of campers that can be parked on residential property, Councilman Brown announced officially that he has decided to run for a third term a s Counci lman f or District H2. I • • • September 6, 1977 Page 15 • • • COUNCILMAN WILLIAMS MOVED TO AIIJOURN THE RE GULA R CITY COUNCIL MEETING, Co uncilman Sovern seconded the motion, Upon a call of the r oll , the vote resulted as follovs: Ayes: Nays: Counci l Member s Smith, Mann, Brown, Clayton, Williams, So ve rn, Taylor None The Mayor declared the motion carri e d , and the meeting was adjourned at 11 :00 P,M, • I • • • • - 2 A r\ty of Englewood From th e Oll1ce ol the Mayor JAMES L. TAYLOR CITY COUNCIL 3 400 South Elat , St ree t Englewood .Colorado 80110 Phone (303 ) 761-1140 Dav id B Clayton . Mayor Pro Tern Howard R Brown P R O C L A M A T I O N Vern Mann Donald L A. Sm it h Do uglas T. S0110 rn Donald W Wil Iiams ( • WHEREAS, because of the outstanding contributions that America's hunters and fishe rmen have made to conservation, recreation and the economy, they are deserving of special re c ognition ; and WHEREAS, s ince the turn of the c entury , hunters and anglers have b een the leade rs in nearly a ll major conservat ion programs. Th ese sportsmen-conservationists are responsibl e for the f o unding of state fish and g ame departments in all 5 0 s t ates. They asked that they, themse lve s, be required to buy licenses an d that the money collected be used to support state conservation agencies. In the last 50 years alone, these sportsmen have provided over $5 Billion for conservation programs; and WHEREAS, hunters and fishermen asked for the estab- lishme n t of regulated seasons and b a g limits so that sportsmen could harves t the annual crop of game and fish without damage to the b as i c breeding population. The re s ult has been that there are now more deer, elk, antelope and wild turkey i n the Un ited States than there were 5 0 years ago . Further, sports- men's programs have benefitted numerous species of non-game fish and wildlife through habitat de velopment; and WHEREAS, hunters a nd f ishermen, un ique in a ll Ame rica, asked that their fishing and h unting equipment be taxed and that the money be used fo r land acquisition, research and h ab i tat management for fish and wildlife fo r the enjoymen t o f all Ame ri cans . NO W, THEREFORE , I, JAME S L . TAY LOR, Mayo r of the City of Englewo od, Colo rado, do hereby pro cla i m Sep tember 2 4, 19 77 , as HUNTING AND FI SHING DAY in the City of Englewood , Colorado , and that this day be an annual observan ce the fo urth S aturday of each Sep t ember . • I • • \ ( • • • I urge all of ou r c itizens to join with sportsmen-conservation ists in a rededication to the wise u se of our natural resources and their proper management for the benefit of future generations. Further, I urge all citizens to take part in Hunt ing and Fishing Da y activities o n September 24, 19 77 to learn more about conser- vation and outdoor skills . ATT EST: ~---- ex officio C~·Treasurer I • • • • • I ,,/·. 2 A t_,ty of Englewood From the Office ol the Mayor JAMES L. TAYLOR CITY COUNCIL 3400 South Elati Street Englewood ,Colorado 80110 Phone (303) 761-1140 David B. Clayton , Mayor Pro Tern Howard A. Brown P R O C L A M A T I O N Vern Mann Donald L .A. Smith Douglas T. Sovern Donald W. Wil Iiams WHEREAS, because of the outstanding contributions that.America's hunters and fishermen have made to conservation, recreation and the economy, they are deserving of special recognition, and WHEREAS, since the turn of the century, hunters and anglers have been the leaders in nearly all major conservation programs. These sportsmen-conservationists are responsible for the founding of state fish and game departments in all 50 states. They asked that they, themselves, be required to buy licenses and that the money collected be used to support state conservation agencies. In the last 50 years alone, these sportsmen have provided ov~r $5 Billion for conservation programs, and WHEREAS, hunters and fishermen asked for the estab- lishment of regulated seasons and bag limits so that sportsmen could harvest the annual crop of game and fish without damage to the basic breeding pppulation. The result has been that there are now more deer, elk, antelope and wild turkey in the United States than there were 50 years ago. Further, sports- men's programs have benefitted numerous species of non-game fish and wildlife through habitat development, and WHEREAS, hunters and fishermen, unique in all America, asked that their fishing and hunting equipment be taxed and that the money be used for land acquisition, research and habitat management for fish and wildlife for the enjoyment of all Americans. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, do hereby proclaim September 24, 1977, as HUNTING AND FISHING DAY in the City of Englewood, Colorado, and that this day be an annu a l observance the fourth Saturday of each September. I • • - ( 0 • ( • • • • I urge all of our citizens to join with sportsmen-conservationists in a rededication to the wise use of our natural resources and their proper management for the benefit of future generations. Further, I urge all citizens to take part in Hunting and Fishing Day activities on September 24, 1977 to learn more about conser- vation and outdoor skills. JAMES L. TAYLOR, Mayor ATTEST1 ex officio City Clerk-Treasurer • I • • In n ( • ( • • • • COUN CIL ACTION REQU EST LIQU OR AND J.2 BEER OUTLE TS APPLICANT: Shetland Hills, Inc dba Freddie Fudds Food and Fritter Factory 1001 W Ham pden TYPE OF ACTION REQUESTED : Hotel/Restuarant Licens e Renewal Retroactive to January 1, 1977 POL ICE AND FBI REP ORTS: None in past year PREVIOUS CITY COUNCIL ACTIONS DURING PRIOR TWO YEARS, EXCLUDING ANNUAL RENEWAL: CITY ATTORNEY'S REVIEW: Cm.M:NTS : See Attached Memos • 2 B I • • n n 0 ( • • - ST ATE OF COLORADO DEPARTMENT OF REVENUE • RENEWA L APPLICATION FOR MALT . VINOUS AND SPIRIT UOUS LIQUOR LICENSES 00 NOT WRITE IN THIS SPACE fOET APPROVA L OF LOCAL LICENSING AUTHORITY FIRST) LIQ UOR EN FOR CEMENT OFFIC ER 'S ACTION Af TUGETTI NG APPltOVAl O F lOCAl ll(ENSING AUTHOA tTY, 1, REQUlltEO , SfND TO COlORAOO OEP.AlnMfN f OF RE VENU E SUH CA PIT Ol AMNfX 137.S SHEPMA,.., ST , OEN\lfA . COLO 801 03 Shetland Hills, Inc. F r eddie Fudd's Food 1001 W. Hampden Avenue En glewood, Color ado and Fritt er Fact ory I CERTIFY THAT THERE ARE NO CH ANGES TO MV ORIGINAL APP LI CATION EXCEPT CHANG E OF MANAGE R, TRADE NAME OR CORPOR A TE STR UC TURE . SIONATUAE APPROVED OAT! DISAPPROVED OAT! llCfNSfE Tflfl'HON! NO OHICER'S SIG NATUU (I F THERE IS A CHANGE IN OWNERSHIP DO NOT US E TH IS FORM . USE AN OR IGINAL APP LI CATION.) IM POR TANT SEE INSTRUCTIONS ON THE REVERSE SID E. MANAGER'S NAME IF APPLICAN T IS A CORPORA TI ON, Fill IN REVERSE SIDE NEW TRADE NAME 1977 RE NEW AL A PP LI CATION FOR LIQUOR LICENSE (S) FOR TH E YEAR ENDING OE C~MBER 3 1 ----~ UM ACCOU N l NUMIU 'Of Ah •tfJttMCf 11 -48797 LI Al 111f'Y 1Nf011M liTION '()VHTl CITY IN OU ll rt'l'J LI Allllf'r OATf 10 006 5813 3 033 071 TV PE G NAME ANO DE SCRIPT ION OF LIC ENSE Beer, Wine & Liquor License (Heel, Restaurant) MAKE CH ECK OR MONE Y ORDER PAYABLE TO THE COLO RAD O DEPARTMENT OF RE VENUE . TOTAL fEE (S) FEE $ 25 .00 City 85 percent OAP Fee ?76 2~ (The follow ing a ffi davit to be ,igned and o cknowl,dged by 1nd 1¥id ual, a nd each member of portner1h ip1 and by co r porati o n,) (tfoppr.cotion i, for impor ter'• llcenH, insert ltote o f bu,,neu ,uldenu. ) STATE OF..QOl.$U~ ILLINOIS ! ss County of COOK John Dolezal , bein g by me first duly 1worn, if for him11 lf , d 1po1e1 and so y,; that he 1, the applic a nt obov, no med , or tho! ho 1, Pres 1 dent of the obove named corporatio n, Th a t he ho, rood hi, orig inal opplic atlon ond th at he know" the contenh th ereof, and thot all matters ond th ing, therein SIi forth ore true of hit own kn owledge, and he agrees to confor m to a ll rul .. ond regulation, p romulgated by th o DEP AR TM ENT OF REVENUE IN CONNECTION THE REW ITH , SUBSCRIBED AND SWO~N TO BEFORE ME INDIVIDUALS AND A ll MEMBER S OF PARTN ERSH IP OR PRES . OR SECV THIS OF OF CORP . MUST SI G N HERE , DAY REPORT AND APPROVA L 0 (MA NUfA.CTURUS WHO LES ALERS lfl/,PO E•s ANO IIIA \UOAO S OfH fG.U D H-41$ !tfCT10N Th, ori g inal opplteotlo n ho, bee n e1t amin ed and the preml1 11 1n vutigoted a nd we d o ,,po rt that the p ropo,ed premises will comply wit h th e pro v1 · 11on1 of CH . 7 S , ART . 2, CR S, 196 3 01 amended, relating to thi s li ce nse , ond we do f urth er state that the ,horocte r of the applicant is 1o ti 1foct ory and that such licenst, If granted , will meet the reaso nable requir ements of the ne ,ghborhood a nd ,.,e d111 r11 of the inhob1t o nu THEREF ORE TH IS APPLICATI ON IS HEREB Y APPROVED DATED AT THIS DAY OF , AD 19 /N,t.ME OF TOWN, C ITV OR COUNTY ) BV, (M AYO• OR CH AI.M AN OP 10~1110 OP COUNTY C0MMIS$10NUl5 011 OTHU TITl E Of LICE NSING AUfHOIU TY ) ATTES T, (CLERIC o• Sf curu, o• ort1n o,,icu HAYJ NO THE o,,ic1AL SE A L o, rHr ucl!NSIN G A UT H01111rv ., I (If th e p rem l11s are lo cated with in o town o r city, th• above opp ro ¥al thould be ugned b y the may or and clerk 1 ,f in a county , then by the cha1r~on of the board of co un ty comml11ioner1 and the cl e rk to the board If , by ord inance or otherwl11 , tht local ll cen11ng a uthority is some other off 1c1o l. tha ~ auch oaaroval shou ld be a1v1n bY 1uch off,ciol.) • I • • - r • • • • If TIIE AP PLICAl-l l IS ~ CORPOPAflON on,~•• t u ),'"), (<I, (d ), nnd (e1 '(1 Oroon,.Pd unde, 1he low o f tht: State o f Iowa u .. ,. September 28, 1955 C.o•,r ( , (b P1111c1pol r,us1ne'>l 1, conducted o t ic. Dcte r,• f ,1,ng last onnuol corporole report 10 t ht:1 SC'cre t my of Slate N o me John Dolezal Thom as J. Salent1ne Larry D ... Bone ·· Larry D .'·i3one · .. 0 rc•,1d~1 ,1 , V1 ce·Prf"tiden1 l1eo su,,·· •, ~(."\.1e:0 1-, )."\,1r,ri'i 1cr • • 703 Crystal Court, Schaumburg, Il. 2136 Beechwood Ave. ,Wilmette, 11. 1062 Frem ont Way,Buffalo Grove, I1 : u.,,,. r •\.J:fl ··lJ , 4-17-48 8-8-39 4-1-50 re l ,1,: 1,,,lt .. ,ockholden c...,-nmy or cnrit1oil1"') lOC,. ..,r ,.,,,., c,f the Coµito ' Stock ,,t ti•.• L..,r po,r r_t hc11..,1° .. t t .11 o ~ , r ,..,, pif>t.lget.J 1 ·,\, ~·• w 11, C ( [J • 1h, i-1 f ne\. ""~J ·~·,• r ' flu1-, o' ':l,• 11 ""a"'e ",1.·• • f.,.11 ,A ,H1 1 Wa_rd Baking Company, Inc ,. 2 Penn Plaza, NY, NY 10001 -100 NOT!CE TO INf>URE THAr YOUR LICENSE IS ISSUEG UN TIME . !f !:i 1Mi'UR1 A ·;T "1,H rn,s D,,G ',HNl . VI I'! STATE FEE REMITTANLE . BE AT Tiff cew11, ,,J t.E PAR~MfNl Uf Rr.',l N•'I ! µ.ff C r •i UI M•: £ ING . 137 5 SHERMAN STREET . OtNVtR . t,i il I ATEh ,t;1'N r., ,:-\VI -r :; L • -, t..t ,, I> I ' ~ I • • ! ~ In ,.., r::, - ( ( • ( • Memorandum TO: FROM: DATE: SUBJECT: Bill James Eric Johannisson September 8, 1977 1. .) Hotel/Restaurant License Shetland Hills, Inc. /DBA Freddie Fudds 1001 W. Hampden • • • The above liquor licensee has applied for retroactive renewal of their 1977 Hotel/Restaurant liquor license. Freddie Fudd's Food and Fritter Factory ceased operation on September 9, 1976. The holder of the license, Shetland Hills, Inc. through its parent firm, Ward Foods, Inc., sold the property (see attached memo, Ward Foods, Inc, dated August 29, 1977). They contend that the liquor license was not renewed in December, 1977, because th ey encountered extensive legal problems because of the default by the purchaser. Now that the legal proceedings have been com pleted, Wa rd Foods would like to renew the license as it is an asset in their attempt to sell the property again. I would like to present this renewal application to Council on September 19, 1977. EEJ/j lw Enclosure • 0 I • • ( 1 ( • • • - -:~. __ ··_····_··--WARD FOODS . INC. 180 E. NO~THWEST HIGHWAY. DES PLAINES . ILL 600 16 • Ji, 298-0900 August 29, 1977 Mr. Wflliam James, Controller City of Englewood 3400 South Elatf Street Englewood, Colorado 80110 REC EIVED ~l:.P 2 1977 DEPT. OF FINANCE ENGLEWOOD Re : 1001 West Hampd en, Englewoo d , Colorado Dear Mr. Jam es: When I was in Denver last week, at your suggest i on I spoke with Eric Johannfsson regarding the rene wal of the Alcoholic Beverage License at the Zuider Zee location at 1001 West Hampden Avenue, Englewood, Colorado. After discussing the fact situati on concerning the sale of this property last fall, Mr . Johannisson suggested that I write you. Enclosed you will find an in tra-office memo regarding sale and use of premises,and it is our thoug ht, considering the entire matter, that the application for ren ewal is proper at this tim e . Mr. Johannisson recal l ed a con versation with ·the contract purchaser r egard ing issuanc e of license to purchaser upon completion of re- mo de ling, and he advised that ap pli catf on at that time would be i n or der. As a result of my visit last week, we are therefore enclosing her e- wit h completed application for renewal and here by request reissuance of effect i ve license . At the present time the property is listed with an Englewood broker who is actfvely pursuing the sale or lease of the proper ty for restaurant purposes, and it is thought that we should be successful in t he near futu re . WTM:mjs Encl . Yours_..}~t=-truly,h 1-;y:J,~1 ~7,d,.., /1 , n Wm. T.~Mo g , Jr . , - • I • • J • • - ,•; ARD FOODS, INC. DATE August 29, 1977 LOCATION SUBJECT ( BILL MORGAN DES PLAINES 1001 Hampden Avenue Englewood, Colorado FROM LOCATION ED GRABILL, JR. DES PLAINES In res ponse to your recent inquiry, I have prepared and there follows a chronological log which relates to the sale and re- possession of the Zuider Zee Oyster Bar & Seafood Restaurant wh ich is located at 1001 Hampden Avenue, Englewood, Colorado: 1. a~ September 3, 1976 the Englewood Zuider Zee Restaurant, together with the Denver (Alameda Avenue) Zuider Zee Restaurant was sold to Lynch & Lynch. The terms of sale called for the purchaser to pay a certain sum upon the execution of the contract of sale and to make install- ment payments at various times thereafter . Concurrently with the execution of t e contract of sale, deeds to these properties , duly executed on behalf of the seller, were deposited into an escrow with Security Title Guaranty Co.; these deeds were to be delivered to the purchaser at such time as the final installment of the purchase price was paid to seller. 2. The purchase r complied with the terms of the contract of sale until approximately Decemb er 1, 1976 when a default occurred in connection with the installmen t payments and notice was given to the purchaser that it was in default of the terms of the contract. 3. For nearly three months following the default by the purchaser under the contract of sale negotiations were conducted in order to attempt to reach an ag r eement concerning the curing of the purchaser's defau lt. 4. Since the aforesaid negotiations were unsuccessful, the seller instituted a suit for damages against the buye r in the District Court for the County of Arapahoe, State of Colorado (Case No. 37041). s. On approximately March 28, 1977, following extensive nego- tiations , a settlement agr ee ment was reached between the seller and purchaser whereby the purchaser agreed to pay to the seller a certain amount of money as dam4ges and also "IUY WAIID PIIODUCTS -WHEN YOU SUPPOIIT YOUII COMPANY YOU HELP YOUIISELF " 0 I • • • ( • ( Memo to: Bill Morgan Re : Englewood, Colorado Property Page 2 • • - to return the Englewood and Denver Zuider Zee Restaurants, by appropriate deeds, to the seller, free and clear of any interest of the purchaser. Although, as menti oned, this agreemen t was reached on March 28, 1977 , all of the require- ments imposed upon the purchaser by th e settlement agreement were not fulfi lled until , late in J uly, 1977 . Th e aforesaid escrow was closed and deeds by which the purch aser re-co nveyed the properties to seller were recorded in April, 1977 . New title insurance policies showing the se properties to be free and clear of any interest of purchaser were issued by Stewart Title Guaranty Company in May, 1977 and correc- tive endoresements to suc h policies were issued in July, 1977. 6. On August 11, 1977 we received notice th at an order of dis- missal had been entered in t he aforesaid liti gation on July 25, 1977, thereby effective ly terminating it. EMG:mjs Ed Grabi 11, Jr. , I • • ( • • • - Englewoo d Pu b l i c Li bra r y Bo ard Augus t 9, 1977 3 4 The En glewood Pub lic Libra ry Bo ard me t for its r e gular mee ting on August 9, 19 77, in the library con f e r e nc e r o om. Present : Be ave r, Benne tt, Clayt o n, Lightha l l, Mu e lle r , Shattuck, an d Sim o n . Ab sent : Clough e sy and St e rling . Als o Pre s e nt : Harri e t Lut e, Direc tor of Libraries . Ei lee n Br o wn e , Reco rding Se cre tary A qu o rum was d ec lare d pres nt ; Sue Mu elle r pre siding, c alled th e meeting to o r de r at 7:35 p.m. Gle n na Be nn ett mov e d that th e minut e s o f the July mee ting be approved; seco nd ed by Harlan Shattuc k . The s l ide/tap e ·how o n th e Ce ntral Colorado Library System wa s shown. Sue Muelle r sugges t e d th a t this pre s e ntati o n should be s hown again in Jan uary o r Fe brua r y fo r an y on e who mi ssed i t . A t e n minut e show from NBC Te levision on libraries is sched ul ed f or th e Oc t ober mee ting. Beve rly Simon will provid e a 3/4" cassette p r ojec t o r f or this prese ntation . The new contract wi th the Arapahoe Re g ional Library Dis tri c t provi des for paymen t of 55c pe r i t e m ci r c ulat e d . Th is is an incre ase of 10c pe r item over the amount paid l a st yea r . A di s cus s ion o n th e c osts of provid i ng this service followed. Ms. Loute i nd icat e d t h a t th e ant ic ipated increase in Lib r a ry ex penses wou ld b ab o ut 8 \% and that she felt that we could provid e these servi ce s at h 55c figur e to th e Arapaho e Regional Lib r a ry District. She a l so s t ated that th e paym e nt from the Distri c t amounts to ap proximately 520,000.00 th at does not ha v e t o be provid e d thr~ugh Englewood taxes . Without lhese funds the City would have t o pa y mor e o r th e s taf f would have to be cut and consequent l y the num ber o f hour s t ha t th e Library i s o pen would also h av e to be cut . Ms. Lute s ugges t ed tha t th e Arapahoe Re gio nal Library District should be re quested to wr ite t he fo llow ing t wo ite ms i nto the contra c t prior to acceptance by the Library Boa r d: 1 . The $500.00 t o cov er t he audit fee. 2. That they will cha nge the t r ansac tio n fee to c oincide with the fee schedule of the Ce n t ra l Color a d o Libra r y Syst e m whenev e r thes feeb are changed. ~uuncilman Clayton made the mo t ion to ha v e t h proper City offi c ial wr it e a lette r to tl,c• Arap ahoe Reg i ona l Lib rary Distri c t requesting the inc lusio n of the tw o item, menL i oned abov e in th e c ontract. Seconcied by Lo is Lighthous e . Motion c r ried . • I • • · lri • • • ,· • Englewood ubl1c L1bra1y o tJ August 9, 1977 Page two . . As s tated in the lette r of ag reem nt with th CCLS for r eci procal borrow1ng the f ee has be en rai sed t o 55c per item and Eng l ewood will r eceive $15,858.70 fo r this year October 1977 -Se pt mber 1978. Ms. Lute suggested that the t, llowing b e add ed to th e lett"r of agreement prior to signing: TL," Engl ">od fubl ic Library agre s to part icipate in the reciprocal borrowing progr·m with the reimbu rs ment as list d. The Englewood Public Libra ry cannot agr et< provide r efe r ence services or to negotiat e in ·er-l ibra r y loans for non- resi dents with out additional r eimburs m nt ." Glenna Bennet mad£' th mo i,,n 1o r the inclusio n of this stat emen t , s econd ed by Har l an Shattuc k . Motion carried. Jh nomination letter fo r Bob Curr i e for the CLA' s Distinguish ed Se rv 1ce -\wa rd as pre pare d by Lois St erling was c1.rcula ted t the memb,-rs of tl.e Boar d Ms. Lute r e p o r t ed on th e Board me eting of the Friends of the Englewood Library. The 60 -s econd spot announceme nf pre pared by the Friends a nd Channel 2 is no w b"1.n g shown on all four t e levrsion stations. Channel 2 is also making a tap to r the library and a 30 -s cond tape has bee n sent t o all th local r a dio sta tions. The October issue of th e "Col o rad o Prosp c t or" will be e ntir ely on the City of En gl e wood. Th e Friends and the Library ha v e b en a sked by th e r ep r esenta t iv •s of th e "Co lorado Prospe c tor" co s e ll co p ies of thi s issue on a con signm ent basis with all proceeds from the sales in th e Library to go t o the Fr iends. Th r e were no obj e ctions from th e Board. fhe Friends are working on forming a book d i scussion g roup. Ms. Lut e reported all of the movie me morabilia that i s being received by the Library as well as the publicity for the Library wh ich i s b ing scimulat d by the Friends. Em ily Bocks of the League of Wom e n Voters has contact~d the Library in an e ff ort to have the Library sell thei1· histori cal map of the Englewood area. This is Jne of their fund raising proj ec t s and th e maps are co be sold for $3.00 e a ch. A discussio n followed on th e types of items a nd the type of organiza t ions th at cou ld r ece ive this typ e of c oope ratio n from the Library It was decided that a policy on this ty pe of r e qu e st should be drawn up. Councilman layton ad ded that this policy statemen t should als o inc lud e something about t ie accu racy ol h istorical materials. Ms. Lute stated that the Library docs t ry to promot ,nte r es t in historical i t ems of a local n cur and that she did not feel t hat it would b an imp o sition on th e Librar y Staff. Harla n Shattuck mad e th e motion that th e map be framed fo r exh1bi in th Library a nd the decision wh e th er or not to sell th ese maps sho uld be left up to th e Di rector. He added that a l imited supp ly ould be kept in the Lib rary as an accommodation to our patrons. Th e motion was seconded by Merl yn Beaver. Co uncilman Clayton cas t th e only dissenting vote -he stress d that he felt the need for a poli c y o n this matt e r. The Di r ec tor suggested th at th e Board make r ecomm e ndations for a policy and that this it em should be put on the agenda at som futur e dat e . • I • • ( ( • • - En g lewo o d Publi c Library Board August 9 , 19 77 Pa ge thr ee ... Libra ri an 's Re port : The Direc tor dist r ibu t e d fo r di s c us s ion statis t i c a l a nalyses on : Non-Re side nt Bo rrowi ng 197 --1977 Mat e rial s Wi thdr awn -J un e -July 1 977 Bo oks Withdrawn -Co pyri ght Dat e -Jun e -July 1977 Books Wi t hdrawn -Classifi c atio n Analysis Jun e -J u l y 19 77 Books Lo s t and Not Pa i d -J u ly 1977. On July 2 1, 1977 , th e Denve r Re s e arc h In st itu t e film e d s e v e n s e ni o r citiz e ns f rom th e Simon Ce nt e r u sing t h e Boo kmobil e. Thi s fi l m is to be us e d fo r i n - ser vic e training and wi l l b e shown v i a sate llite in th e Ro c ky Mo unta in States. Be ve rly Simon i ndicated that she thought that afte r this intro du c tion t o t h e Bookm o bile mo r e seniors wou l d take ad v a n ta g e of th e s e rvi ces provid e d by th e Ro ad r unn e r . A Bo okmo bi l e stop has be e n s c h e dul e d at Bisho p Sc ho o l on th e fall s c h edul e. Th i s s to p will r e p lac e th e Cushing Pa rk sto p as th e r e is l i ttl e att e nd a n ce at t hi s loc a t i on during th e winte r mo n t h s du e t o d arkn es s f alling e ar l i e r i n the e ve ning . Att e nda nce a t th e IMC is lowe r -th e r e as on f o r th i s i s un known . Tii e n e w p r o j ec t or ma y h e lp to s t i mu l a t e atte nd a n ce whe n it is p ut i nto us e in t he fa l l. Me mb e r s ' Cho ice: Counc i lman Clayton ask e d t h e Di r ec tor to e xp lain to t h e Board what th e im p l i c a tion of th e pro posed stat e n etwo r king p lan would be to t he Eng lewood Pu b lic Li b rary . Ms . Lu t e e xplained th a t this was simpl y a n i nitial pro po s a l and wo u l d b e r e worke d many t i me s b efor e an act ual pla n came i nto f r ui t ion . Howe v e r , s h e add e d that s h e c o u ld see nothi ng thre a tening to t h e Eng l ewood Pu b lic L ib r ary a nd c o u l d se e o nJy good i n g e n e r al for l i brary u s e rs on a state wi d e ba s i s . Th e me e ti n g a djou rne d at 10:25 p .m. I • • ( ( • • • MINUTES BOARD OF CAREER SERVICE COMMISSIONERS THURSDAY, AUGUST 25, 1977 PRESENT: OTHERS PRESENT: Judith B. Henning, JoEllen Turner , Robert Brundage, Edward White, and William Hanson Hugh Brown, Leioma Koestner, Frank Dobbins, Attorney John Criswell, Francella Montoya, Eden Webster, City Attorney Bernard Berardini , Attorney David Goodman, Margaret Freeman , Richard Edison . Commissioner He nning called the meeting to order. Sh e asked if there were any . addition s or corrections to the Minutes of the July 21 , 1977 meeting . Robert Brundage asked to amend the minutes to read "COMMISSIONER BRU NDAGE MOVE D AND COMMISSIONER TURNE R SECONDED THAT WE HAVE A HEARIN G AT THE 1-lE XT REGULAR MEETING, AUGUST 18, 1977 ON THE QUESTION OF MS. MO NT OYA'S STATUS, AND IF IT WERE DECIDED THAT SHE I S COVERED BY THE CAREER SERVICE SYSTE M, THE BOARD WILL PRO CEED TO HEAR HER GRIEVANC E CO NCERNING HER DISMISSAL, PRIOR TO . THAT TIME WE REQUEST AN OPINIO N FROM THE CI'l'Y ATTORNEY ON WHAT EMPLOYEES ARE COVERED UNDE R THE CAREER SER VICE BOARD AND WHAT EMPLOY EES ARE NOT, TOGETHER WITH THE ORDINANCE NUMBERS." (Page 1-2). 3 8 The Board agreed that this change more adequately reflected what was said. AYES: Henning, Turner , Brundage, White, Han son . NAYS: None. COMMISSIONER HENNING REQUESTED TO AMEND THE MINUTES , PAGE FOUR TO READ "ALL OF THE PERSON EL ACT IONS WERE APPROVED , EXCEPT THE ONE ON GEORGE EGRI WHICH FAILED ON A SPLIT VOTE. 11 AYES: He nning, Turner, Brundage , White, Hanson. NAYS: None . I . • • • • CARE ER SERVICE BOARD MINUTES August 25, 1977 PAGE TWO COMMISSIO ER HENNING REQUES TED TH AT THE MI UTES OF THE JUNE 16, 1977 CAREER SER VIC E BOARD MEETING AL SO BE AMENDED . SPECIFICALLY, PAG t THREE , PARAGRA PH FIVE TO READ "MR. BROWN SAID THAT MS. MON TOYA UNDERSTO OD .... ". Comm i ssioner Henning moved ad Com missi oner White Seconde d that the minutes be accep t ed as corrected. AYES: He nning, Turner, Brundage , White , and Hanson . NAYS: one . Disc ssion followed regarding the status of Francella Montoya, as to whether or not she would be covered under the Career Service Board . After much discuss i on and presentations by Attorney John Cri s well and City Attorney Bernard Berardini (recorde d by a Court Rep o rt e r), the board recessed . The Board 's fi n dings were: "THE BOARD HAS DETERMINED THAT THE FACTS IN THIS CASE INDICATE 'l'HAT THE CIT Y TREATED MS . MONTOYA AS A PERMA ENT FULL TIME EMPLO YEE AND WE, THEREFORE , FIND THAT U DER THE PROVISIONS OF 5-3-13 OF THE CITY CODE WE HAVE AUTHORITY TO HEAR THE MATTER OF HER DISCHARGE ." A r oll call was reque s ted by Commissioner Henning of t he Boa r d as to whether they concur wi th this finding . AYES: Henning , Brundage , White , Hanson. ABST AIN: Turner . ********** Ch i e f Holmes addressed the Board in regard to George Egri's merit increase . The Personnel action was submitte d at the last meeting of the Career Service Board recommend - ing a merit increase from Police Officer 4th Class to Police Officer 3rd Class . Chief Ho lmes requested that the Personnel Action be approved on the basis that Officer Egri 's performance now warrants an increas e . The Bo ard decided that approval or di sapp ro val would be handled with the rest of the Personnel Actions later in the evening . • I • • ( ( ( CARE ER SERVI CE BOARD MINUTES Aug ust 25 , 1977 PAG E THREE • • - COMMISSIONER HENNI NG PROCEEDED WI TH THE AGEN DA. THE NE XT ITEM WAS THE GRIEVANC E OF FRA NK DOBBINS, CO MM - ISSIONER HENNING REQUEST ED THAT MR. DOBBIN S PO ST PO NE THE HEARI NG OF HIS GRIEVANCE . MR . DOBBINS CONCURRED AND AGREED WITH COMMISSIONER HENNING 'S RECOMMEND AT ION THAT HIS CASE BE HEAR D ON THE SAME EVENING AS MS . MONT OYA'S CASE: SEPTEMBER 29 , 1977 , ********** LEIOMA KOESTN ER , PRESIDE NT OF THE EMP LOYEE'S ASSOCI ATI ON STATED THAT SHE HA D NOTHING PRESSING TO BE DISCU SSED AT THIS MEETING, THE FIRE DEPARTMENT HAD NO BUSINESS TO BE DI SCUS SED . REPRES ENTATIVES OF THE POLICE ASSOC IATION WERE NOT PRESENT. ********** HUGH BROWN RE !JESTED THA T THE RE -EM PLOYMENT OF ERNESTINE MICHAUD AS A co~~UTER OPERATO R IN THE FIN ANCE DEP ARTMENT BE APPROVE D BY THE BOARD. JO ELLEN TURNER MOVED AND EDW ARD WHITE SEGO DED TH AT THE BOARD AP PROVE THE RE -EMPLOYMENT OF ERNESTIN E MICHA UD AS COMPUTER OP ERATOR . AYES: Hennin g , Brundage, Wh i te , Han son, Turner . NAYS: None. HUGH BROWN DISCU SSED THE ELIGIBILITY LIST FOR THE POSITION OF DRIVER/OPERA TOR/ENGINEER FOR THE FIRE DEPARTMENT . THE FIRE DEPARTMENT HA S REQUESTED TH AT THE LIST BE EXTENDED FOR A 60 DAY PERIO D (THROUGH OCTOBER 1 , 1977), THE RE IS A LARGE CL ASS OF FIREFIGHTERS THAT CAME I N THREE YEARS AGO THAT WILL BE ELIGIBLE TO TAKE THE EXA M IN OCTOB ER FOR D,0,E, I T IS THE DESIRE OF THE FIRE DEPARTMENT TO EXTEND THE ELIGIBILI TY LIST AND THEN HOLD THE TESTIN G FOR TH E POSITION IN OCTOBER . THE 60 DAY EXTENSIO PERIOD WOULD EXP IRE OCTOBER 12 , 1977, RICHARD EDISON STATED THAT IF A POSITION BECAME AVAILABLE , IT PROBAB LY WOULD NOT BE UNTIL 8/30/77 AND SINCE TH AT LIST • I . • n CAREER SERV CE BOARD MINU TES August 25 , 1977 PA"GE FOUR • - WO ULD BE POSTED FOR 30 DAYS, IT WOULD El ABLE THAT SA ME BODY OF MEN TO APPLY. BY EXTENDING THE CURRENT LIST FOR SIXTY DAYS , IT WOULD NOT BE POSSIBLE FOR A LARGER GR OUP OF MEN TO BE TES'IED IF AN OPENING DOES OCCUR . COMMISSIONER HANSON MOVED AND EDWARD WHITE SECONDED THAT THE BOARD DISAPPROVE THE REQUEST TO EX'IEND THE ELIGIBILITY LIST FOR DRIVER/OPERATOR/ENGINEER , SO AS TO MA KE THE TESTING PROCEDUR ES AVAILABLE TO A LARGER POOL OF APPLICANTS . AYE S: Henning, Turner , White , Hanson. ABSTAIN: Brundage . The Motion Carried . HUGH BROWN DISCUSSED THE PERSONNEL ACTIONS ON GEORGE EGRI AND MARGARET GRIER. HUGH BROWN REQUESTED THAT THE PERSONNEL ACTIONS BE APPROVE D WITH THE EXCEP TION OF EUGENE TARDY WHO DID NOT ACCEP T POSITION. COMMIS SIO NER HANSON AND COMMIS SIONE R WHITE SECONDED THAT THE PERSONNEL ACTIONS BE APPROVED . Discussion fol lowed on the 3tatus of Marga ret Grier . Commissioner He nning d iscussed this matter with City Manager Andy Mccown and he said that once an eligibility list has been approved by the Boar d , he has the choice to hire o ff that list , and he has done so . Commissioner Brundage asked what the affect would have on this situtation if the board ruled in favor of Frank Dobbins. Commissioner Henning stated that if that happened, corrective steps would have to be taken . Hugh Brown stated that Ms . Grier did not see the e xamination and would like to go on the record as correc t ing his pre - vi ous statement that she did review the exam . COMMISSIONER BRUNDAGE WANTED TO BE SURE THAT BY ACCEP TIN :; AND APPROVI G THE ST ATUS OF M. GRIER , THAT IT WOULD NOT MAKE THE BOARD SEEM PREDUJICED IN THE GRIEVANCE HEARING OF FRANK DOBBINS . • I • • ( • • • • CA REER SERVICE BOA RD MINUTES August 25 , 1977 PAGE FIVE COMMISS IONER BRUNDAGE MOVED TO AMEND THE MOTION TO APP ROVE THE FOLLOWI NG PERSONNEL ACTIONS TO EXCLUDE THE TEMPORARY TO PROBA TION ARY STATUS OF f MARGARET GRIER. COMMIS SIONER TURNER SECONDED THE MO TION , AYES: Brundage, NAYS: Henn i ng , Tu rner, Hanson , White The motion to amend the motion failed. THE VO TE WAS THEN TAKE N TO APPROVE THE PERSONNEL ACTIO N LIST WITH THE EXCEPTION OF EUGENE TARD Y, WHO DID NOT ACCEPT THE POSITIO N OFFERED TO HIM AS PO LICE OFFICER . AYE S : Henning, Tu rner, Hanson, White , Brundage . NAYS: None. The motion carrie d . Personne l Actions George Egri Clayton Forington Richard Edison Martin Robinson Wil liam McCo r mi ck Henry I. Morgan Patricia Livergood Charles D, Upton Pol i ce -Office r Jrd Class to 2nd Class Ef fective 6/1/77 Police -Officer 3rd Class to 2nd Class -Ef fective 7/1/77 Fire -Firefighte r 3rd Class to 2nd Class -Effective 7/3/77 Wast ewater -Mechanic From 6A to 6B -Effecti ve 8/1 6/77 Utilities -Plant Operator ~rom 6D to 6E -Effective 8/16/77 Utilities -Meter Reader From 3D to 3E -Effective 7/16/77 Finance -Sales Tax Auditor -From 7C to 7D -Effecti ve 7/16/77 Police -Animal Control Officer From 3B to 3C -Effecti ve 6/16/77 • I . • n • CAREER SERVICE BOARD MI UTES Augu s t 25 , 1977 PA GE SI X ERMii~ATIONS Robe r t E. Sawdon Linda Kotowski Ronald D. Foste r Eddie H. Wils on Barbara S chlegelmilch Kathleen Bueno PROMOTIO N Willis E . Carr Martin Ja c into • • • Police -Offi cer 3rd Clas s -Effective 8/11/7 7 Parks -Recreat i on Supervisor -E ffe - cti ve 8/31/77 Public Wo rks -Mainte nanceworker Effect ive 8/12/77 Pol ice -Pat r o l man 1 st Class -Effec - tive 7/2 8/7 7 Police -La w Enforcement Aide - Effecti ve 8/4/77 Police -Cl er k Typi s t -Eff ective 7 /29/77 Ut ilities -From Ditchrider (3B) to Apprentice Water Plant Operator (5B) Effective 8/1/77 Wa s t ewater -From Appre ntice Operator (?A) to Wastewa t er Plan t Ope rator (6A) Effective 8/1/77 PROB ATIOi~ARY TO PERMANENT WI TH INCREASE Gary L . Kasson 'fhomas Delia Police -Of ficer 4t h Clas s t o 3rd Class Effecti ve 7/1/77 Librar y -Bookmobile Dri ve r 3A to 3B Effecti ve 9/1/77 TEMP ORARY TO PROBA TIONARY STATjJS Ma r garet Grie r Fi nance -J r. Accountant (5A) E ffe ct i ve 5/9/77 RETURN TO PERMANENT PO SI TIO N FR OM AC TIN G PO SITION,· Vincent Macrander Jim Blumenthal Bu ilding -From Acting Ch ief Buildi ng I nspector t o Bui ldin g In spector Effective 6/2 0/77 Fire -From Ac ting D/0/E t o Fire- fighter 1st Class • I • • ·I ( ( ( • CAREER SERVICE BOA RD MINU TES August 25, 1977 PAG E SEVEN ACTING POSITION Frank Wolf VO LUNTARY DEMO TION Phyllis Be l ton PROGRESS REPOR TS Allen, Ralph T. Clawson, Dale Oakley, Wayne Johnson, Stanley Durant, Henry Stewart,, Marlene Barber, Wi l liam • • - Fire -Firefighter 1st Class to Ac tin g Lieutenant Effect ive 7/1/7 7 Pol i ce -Emergency Communicator to Law Enforcement Aide 4c to 3C Effective 8/1 6/77 Police Police Street Fi r e Eng ineering Fi r e Pl an n ing PROBATIONARY TO PERMA ~ENT WI THOU T IN CREAS E Michael Ballinger Charles A, Renner Dr iver/Operator/Engineer Effe c tive 8/16/77 Driver/Operator/Engineer Effe ct ive 8/16 /77 • I • • In n • CAREER SE RVICE BOARD MINUTES August 25 , 1977 PAGE EIGHT Promotions continued ..... Kenneth B. Woodard 1~EW EMPLOYEES Terrance O'Neill Roger Barker Eugene Tardy Byron Wicks Marvin Gatch Caryl Bright Sherri Dolan Lois Cranford Stanley Woempner Albert VanDemark Alan Baxter Mich ael Tucker Galen Miller Myrich Allen Ernestine Michaud • • - Wastewater -From Apprentice Opera tor (5A) to Plant Operator (6A) E ffec tive 8/1 /77 Pol ice -Officer 4th Class Effective 8/77 Police -Officer 4th Class Effec tive 8/77 Police -Of f i c er 4th Class Effective 8/77 Police -Officer 4th Class Effective 8/77 Police -Offi c er 4th Class E ffective 8/77 Police -Law Enforcement Aide 3A Effe c t ive 8/16/77 Pol ice -Emergency Communicator 4A Effective 8/29/77 Finance -Jr . Ac co unt Clerk lA E ffective 8/3/77 Wastew ater -Electro-Mechanical Technici an Ef fective 8/16/77 Commun ity Development -Housing & Rehabilitation Te chnician 7A Effective 8/15/77 Park s -Maintenanc eworker 2A Effective 8/1 /77 Public Works -Mainten an c eworke r 2A Effective 8/1/77 Fire -Firefighter 4th Class Effective 8/1/77 Public Works -Maintenanceworker (2A) Effective 8/15/77 Finance -Computer Operato r (3B) Effective 8/22/77 • I • • - ( ( • • • • CARE ER SERVICE BOARD MINU TES August 25 , 19 77 PAGE NINE THE FOLLOW IN G ELIGI BILITY LI ST S WERE APPROVED BY THE BOARD: J r. Acc t . Cl erk (Key p un c h ) Wastewat e r Plan t Op e r a tor (Wa s t ewater) Ap prent i ce Pl an t Op erator (Utiliti e s) I nterme di a t e Clerk Typist (Code Enforcement) Police Offi c er 4th Cl ass DECLARATION OF VACA NCI ES: Mai nt e nan c e wor k e r -Stre e ts IT WAS MOVED AND SECO NDED THA T THE VACANCY BE DECLARED . •••••••••• COMMISS I ONE R HE NNIN G CALL ED THE MEET I NG TO A CLOSE . ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Re s pectful l y submitted, Kathy O. Kroll, Recording Secretary . CAREER SERVICE BOARD BY~~~~~~~----,,-__,,--___ __, ___ ~ Judith B. He nn i ng , Chairperson • I • • • - • • Portion of Year to Date ~ DEPARTMENT OF FINANCE 3 _.t EXPENDITURES TO 1977 BUDGET C GENERAL FUND Through August 31, 1977 Last Last Annual Current Year to Date % of Year Year Budget Ex2enditures Ex2enditures Budget to Date _%_ Legisla tion & Council: City Council $ 95,126 $ 3,079 $ 80,345 84 $ 56,984 79 Board of Adjustment 3,277 185 1,823 56 1,929 50 Career Service 3,856 637 1,795 47 1 ,183 67 Planning & Zoning 4,924 334 2,650 54 2,963 69 Library 3,433 32 922 27 2,548 88 City Attorney 103,553 7 347 72,197 12 61,691 M. Sub-Total . $ 214,169 $ 11,614 $ 159,732 75 $ 127,298 71 Administration: City Manager $ 143,593 $ 8,405 $ 85,524 60 $ 72,552 64 Personnel 101,920 7 ,773 60,011 59 43,568 59 Treasury & Record 100,256 7 ,382 52,951 53 57,72 7 67 L . Municipal Court 83,368 6,628 58,669 70 55,166 66 • Accounting 162,825 8,001 71,284 44 95,791 72 Data Processing 0 6,225 39,585 Revenue Division 111,852 9 ,166 73,385 66 74 ,720 69 Purchasing 185,261 ~,404 137,5 77 1i 105,941 63 Sub-Total $ 889,075 $ 61,984 $ 578,986 65 $ 505,465 66 Public Works : Senior Surrey $ 39,168 $ 4,003 $ 28,447 73 $ 23,302 68 Engineering 197,742 13,504 126,242 64 100,104 69 Streets & Drng. 823,058 65 ,705 490,116 60 494,610 6 7 Traffic Re g. 245,286 13,075 16 8,726 69 154,925 68 • Bldg, Maintenance 277 I 778 21,540 184,766 fl 173 ,511 59 Sub-Total $1,583,032 $ 117,827 $ 998,297 63 $ 946,452 66 Fire Department: $1 ,584,5 26 $ 128,602 $1,085,733 69 $ 931,493 66 I • • Cl • • • • - • • Expenditures to 1977 Budget General Fund Through August 3l, l2ZZ flag e 2 Last Last Annual Current Year to Date % of Year Year Budget: Expenditures Expenditures Budget to Date _%_ Police: Police Dept. $1,729,133 $ 129,980 $1,134,841 66 $1,029,762 66 Communications 250,899 15,887 153,705 61 145,933 64 Animal Shelter 97,325 9,915 55,304 21.. 37,104 69 Sub-Total $2,077,357 $ 155,782 $1,343,850 65 $1,212,799 66 Community Development: Code Enforcement $ 175,756 $ 10,957 $ 103,051 59 $ 120,109 66 Housing & Redevel. 53,421 5,180 35,702 67 21,617 60 Planning 128,567 11,900 86,680 £ 73,134 66 Sub-Total $ 357,744 $ 28,037 $ 225,433 63 $ 214,860 65 Library: $ 305,356 ~ 22,952 $ 179,367 59 $ 167,420 61 Parks & Recreation: Parks $ 637,298 $ 49,381 $ 457,051 72 $ 360,974 61 Outdoor Swim Pool 39,521 10,107 36,675 93 29,541 8·2 Indoor Swim Pool 63,774 6,292 40,783 64 36,934 75 Sports & Games 91,362 4,772 48,197 53 49,275 68 Cultural Activities 70,032 6,624 42,499 61 35,725 67 Playgrounds 40,177 5,231 30,810 77 29,897 88 Softball 23,689 4,410 16,810 71 17,600 79 Zoo 8,038 1,117 4,324 54 7,539 80 General Operations 127,090 10,834 67,642 53 58,651 60 Old Timers 27,700 4,642 23,552 fil 23,707 .il • Sub-Total $1,128,681 $ 103 ,410 $ 768,343 68 $ 649,843 66 • Total Expenditures: $8 ,139,940 $ 630,208 $5,339,741 $4,755,630 I • • • • • • • Portion of Year to Date 67% • DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES GENERAL FUND Through August 31 , 1977 % of Last Last Budgeted Current Year to Budget Year Year Revenues Month Date Collected to Date _%_ Taxe s: Property Tax $ 841,310 $ 65,629 $ 691,136 82 $ 657,083 85 Specific Ownership 45,000 86 54,252 121 46,613 93 Sales Tax 5,107,584 395 ,509 3,542,710 69 2,356 ,395 64 Cigarette Tax 460,000 76,684 312,342 68 301,446 64 Franchise Tax 454,700 {12,555) 298,548 _§_§. 282,503 22. Sub-Tota l $6,908,594 $ 52 5,353 $4,898,988 71 $3,644,040 67 Licenses & Permits: Building Licenses $ 48,000 $ 3,267 $ 41,145 86 $ 36,245 57 Business Licenses 72,450 2,675 48,044 66 54,029 77 Non-Business Lie, 85 • Sub-Total $ 120,450 $ 5,942 $ 89,274 74 $ 90,274 67 Inter-Governmental Revenues: Federal Grants & Revenue Sharing $ 24,000 $ 736 $ 16,618 69 $ 346,296 49 State Grants 2,723 2,000 100 State-Shared Revenue 275,200 11,312 234,595 85 23 0,687 81 Arapahoe Bridge & Road 78,201 1,201 -1. 73,271 100 Sub-Total $ 377,401 $ 12,048 $ 255,137 68 $ 652,25 4 61 Ch arges for Services: Gen eral Government $ 303,358 $ 1,245 $ 128,114 42 $ 73,832 50 Public Safety 7,480 232 4 ,564 61 3,569 65 Highway & Street 38,036 418 17,198 45 20,088 52 Anima l Shelter 21,310 2,061 6,740 32 6,138 42 School District Ul 10,000 Ou t door Swim Pool 14,700 4,732 12,773 87 1 4,574 94 I Ind oo r Swim Pool 25,685 2 ,8 56 20,859 81 18 ,779 70 Sports & Games 33,700 428 15,532 46 19,921 64 • • Cultural Activities 30,850 2,924 18,545 60 20 ,688 71 Playgrounds 830 197 1,336 161 1,077 99 Softball 20 ,200 775 15,958 79 18,294 93 Zoo 2,600 53 9 1,943 75 2,897 81 Old Timers 16,500 538 16,399 99 14,273 92 Li b rary Contract 34 ,9 45 14,962 43 19,166 59 Sub-Total $ 560,194 $ 16,945 $ 274,923 49 $ 233,296 • • n • - • • Realization of Budgeted Revenues General Fund Through August 31, 1977 Page 2 • % of Last Last Budget ed Current Ye ar to Budget Year Year Revenu es -~ Date Collected to Dete _%_ Fines & Forfeitures: Court Fi nes $ 84 ,800 $ 8,753 $ 77,354 91 $ 48 ,347 55 Library Fine a 8 ,400 823 6,4 22 li 5,868 69 Sub-Total $ 93,200 $ 9,576 $ 83,776 90 $ 54,215 56 Hiacellaneou a: Joint Ven t u r e Tax Refunds $ 13,000 $ $ 22,427 173 $ 121,342 67 I nterest 25 ,000 30,89 0 124 16 ,6 56 44 Re n t a l s 460 3,00 0 Gain on Sale of As s ets 701 Other 20 ,000 1 ,154 11,607 -2! 90,078 87 Sub-To tal $ 58 ,000 $ 1,154 $ 65 ,384 113 $ 231 ,777 72 Total Revenues; $8 ,117 ,839 $ 571,018 $5,667,482 $4,905 ,856 66 -.. • I • • \ • • n • • • Portion of Year to Da te 67% • DEPARTME NT OF FI NAN CE REALIZATIO N OF BUD GET ED REVENU ES PUBLIC IMPRO VEMENT FU ND Through August 31, 1977 % of Last La s t Budge t ed Cu rrent Year to Budget Year Year Revenues Month Date Collected to Date _%_ Taxes: Sales Tax $ 41 7,215 $ 33 ,385 $ 298,261 71 $1 ,1 78,1 79 72 Admissions Tax 45,000 2 ,891 10,228 ll Sub-Total $ 46 2 ,215 $ 36,276 $ 308,489 67 $1,178,179 72 I ntergovernmental Revenue: Revenue Sharing & Federal Grant $ 78 2 ,688 $ $ 169,172 22 $ State Grant 94,000 State-Shared Rev e nu e Sub-Total $ 78 2 ,688 $ 263,1 72 34 Mi e c e l laneous: Inter est $ 10 ,000 $ $ 17,934 179 $ 30 ,241 72 Cont r ibu t ion s 19 4 ,00 0 80 ,000 80,000 41 Other 11 ,500 ,4 ,0 78 ) 17 ,154 li Sub -Total $ 215,500 $ 80 ,000 $ 93,856 44 $ 4 7 ,395 79 To t al Re v enues: $1 ,460 ,40 3 $ 116 ,27 6 $ 665 ,51 7 46 ~1 ,225 ,5 74 • I • • • • n ,.., • • • Realizat i on of Budgeted Rev enues Public I mprov ement Fund Through Al.18 1!1.it ;u , l2ZZ .Page 2 Cumulative Expenditures Project Balance Budget Current Month to Date Available Storm Drainage: General $ 403,122 $ 101 $ 370,084 $ 33,038 North Central II 561,380 559,686 1 ,694 North Cen tral III 557,000 38,726 518,274 Hig h Sch ool Basin 25,000 25,000 Pa ving Di strict 124: 41 ,29 4 10 41,284 Dartmouth Improvements : 1 90,000 725 124,725 65,275 Sidewalk District: 28,919 25,158 3,761 Traffic Improvements: 110,000 100,643 9,357 Zuni Street: 5 ,000 5,000 Intersection Dips: 13,265 38 38 13,227 • 'a rk s: Belleview Storm Repair 50,000 50,000 Belleview West 150 ,051 428 139,431 10,620 Emers on Mini Perk 15,000 (68) 11,112 3 ,888 Handicapped Play Ap paratus 24,000 24 ,000 River Rede velopment: 2,533 ,8 53 1,264 1 ,8 27 ,58) 706,270 Tennis Courts: HD, 713 616 117,012 2 ,701 Housing for Elderly: 60,705 60 ,706 Senior Center: 792,000 46,225 734,716 57,284 • Land Purchase Near Elderly Housing Site: 68,100 45,463 22 ,63 7 $5 ,748,403 $ 49,329 $4 ,18 0,093 H 1 568 1 31o • I • • • I Ir., • • - Portion of Year to Date~ DEPARTMENT OF FINANCE • REALIZATION OF BUDGETED REVENUES WATER FUND Through August 31, 1977 % of Last Last Budgeted Cur r ent Year to Budget Year Year Revenues Month Date Collected to Date _%_ Water Sales: $1 ,524,769 $ 175,399 $1,063,021 70 $ 960,204 70 Other: Connection Chargee $ 25,000 $ 3,131 $ 51,840 207 $ 44,980 69 Rentals 8,500 268 6,197 73 7,322 56 Interest 10,000 5,374 54 4,613 100 Gain on Sale of Assets 64 Sale of Raw Water 150,000 31,335 31,335 21 12,000 100 Miscellaneous 25,000 __ p0,825) 10,290 41 9,323 ~ Sub-Total $ 218,500 $ 3,909 $ 105,036 48 $ 78,302 71 Total Revenues: ~1,743,269 $ 179,308 ~l,168,057 g $1,038,506 N • EXPENDITURES TO 1977 BUDGET Last Last Annual Current Year to Date % of Year Year Budget Expenditures Expenditures Budget to Date _%_ Source & Supp ly : $ 74,811 $ (22 ,628) $ 107,031 1 43 $ 80,288 52 • Po wer & Pum p ing : 164,789 1 9,409 90,908 55 92,000 64 Purification: 414 ,525 243 ,895 353,086 85 1 26,500 90 Trans. & Dis t.: 114,062 11,645 93,066 82 93, 28·s 53 • General : 800 1 000 4,8 29 316,835 _!±Q I • • Tota l Expense: $1 ,568,187 ~ 257,150 $ 960,926 61 $ • • ·In • • • Portion of Year to' Date ~ DEPARTMENT OP FINANCE • REALIZATION OF BUDGET ED REV ENUES SEWE R FU ND Th rough Augu s t 31, 1977 % of Last Last Budgeted Current Year to Budget Year Year Revenues Month Date Collected to Date _%_ r Disposal Service! $ 728,000 $ 11,797 $. 463,888 64 $ 5 22 ,607 72 Other: Connection Fees-Inside $ 20,000 $ 1 $ 29 ,592 148 $ 62,427 83 Connection Pees-Outside 500,000 193 ,10 2 923,762 185 281,67 2 68 Interest 40 ,000 32,875 82 38 ,584 58 Rentals 450 2,410 Inspection Charge• and Sampling 7 ,000 3 ,550 10,133 145 5,14 4 47 Miscellaneous 101000 61481 ~ 918 35 1l Sub-Total $ 577 ,000 $ 19 7,103 $1,005,253 174 $ 397,662 68 Intergovernmental Rev e nue: , E.P.A. • City of Littleton Sub-Total Total Revenues: ~1,305,000 $ 2081900 $1,469,141 113 $ 920,269 70 EXPENDITURES TO 1977 BUDGET Last Last Annual Cur rent Year to Date % of Ye a r Year Budg e t Ex pend itures Expenditure& Budget to Da te _%_ Treatme nt : $ 337 ,098 $ 35 ,9 59 $ 270,9 40 80 $ 200,916 46 San i ta r y Sy stem: 61 ,917 6,602 41,956 68 38,425 61 I • • Admi nis t r a tion & and Gen era l: 591 1292 52 ,6 93 283,290 48 239125 1 lQ ' Total Exp e ns e : $ 99 01 307 $ 95 ,254 $ 596,186 60 $ 478,592 11.. • • • • u • • • - E GLEWOOD PUBLIC LI BRARY BOARD September 13, 1977 4 A The Englewood Public Library Board met for its regular meeting on Sept emb er 13, 1977 , in the library conference room . Present : Beaver , Ben nett, Clayton, Clough esy, Lighthall , Mueller, Shsttuck, and Sterling . Absent: Simon. Also present : Harriet Lute, Director of Librar ie s . Eileen Browne, Rec o rding Secreta ry . A quorum was decla red present; Sue Mueller presiding , c alled the meeting to order at 7:30 p.m . Lois Lighthall r e quested that her name in the l as t paragraph of the fi rst pag e of the August 9, 197 7, minute s be changed to Lighthall r ather than Ligh t house as recorded . Lois Sterling request ed that the second paragraph on page two be c hanged to read: "The letter nominating Bob Curr ie fo r the CLA's Distinguished Service Award, as prepared by Beverly Simon wi th the assistance of Loi s Ster ling, was circul ated to the members of the Board ." Glenn a Bennet made t he mot ion to approve the minu tes as corr ected; sec ond ed by Lo~s Sterling . Mo tion c arri ed . Miss Lut e requested al l Bo ard Memb ers to review the s ched ule f or t he Co lorado Library Asso ciation and noti fy Ei leen Browne which act ivities or wo rk s hops the y wish to attend, Hies Lute stres s ed th at p re-reg i stration by October 3, 19i7, grea tly red uces the amount of the registration fe e . The Request to Retain Membership in t he Ce ntra l Co l orado Library Sy s tem (CCLS) was dis tributed to the Board. Margaret Cloughe s y ma de the motion that the Board recomrn!!nd 1_~ the_fit_l Council tha t the Eng lewo od Library ret a in member- s hi in tbe CCLS and tha the Counc1 aufhori ze the May ,5;--t o sign the ag reement. Seconded by Glenna B ennett; themot1on ca rne unanimous y . --- Glenna Bennett reported on the August 30 , 1977, CCLS meeting wh i ch she attended with the Direc tor Mr . Ed Sayre reported that 19 77 funds would hav e to be returned to the State i f contracts were not let in the very near future . He stated t h at contrac ts had been s i gn ed f or $1,385 for media ma i ntenance and $1,624 for the audit of 1977 funds . Mr. Ha nk Shearouse , Director of the Denver Public Library, indicated that Denver may hav e t o discontinue re fere nce services to non-re sident s i f they do not receive addit iona l funding from the Legisl atur e. The De nver Public Library estimate s the co at per reference question at ~4.05. In 1976 the Englewood Pu lie Library es t imated its cost of providing reference s ervice a t $3.92 per question . Mr . Shearouse said consideration h ad been given by the DPL t o ch arging for in-library reference services but it was decided that this wo uld make the pub l ic use the telephon re feren ce service s for which they co uld no t be ch arged. • I • • ..... • • • • • • Englewood Pu blic Library Board September 13, 1977 Page three ... makin g the mi ce pendants for t he child ren who participated in the Summ er Story Hours . Seconded by Merlyn Beav e r; the motion carried . Sue Mueller repo rted on her vi sit to the Kin g Tut exhibi t . The meeting was adjourned at 8:50 p .m . • I • • - • • • • • • RECOMMENDATI ON At the regular meeting of the Englewood Public Library Board, September 13, 1977, the following motion was adopted unan imously . That the Library Board reco11111end to the City Council that the En glewood Library retain it a membership in the Central Colorado Library System for the year October l, 1977, through September 30, 1978, and that the City Council authorize the Mayor to sign the agreement for System Membership . • I • / • • - ENGLEWOOD PUBLIC LI BRARY BOARD September 13, 1977 4 A TIie Englewood Public Library Board met for it s regular meeting on September 13, 1977, in t he library con fer ence room . Present: Beaver , Bennett, Clayton, Clough es y , Lighthall , Mueller, Shatt uck, and Sterling. Abs ent : Simon . Al so present : Harriet Lute, Director of Librar i es. Eileen Browne, Record ing Secretary . A quorum was declared present ; Sue Mueller presi ding, c alled the meet i ng to order at 7 :30 p.m. Loi s Lighthall requested that her name in the l as t paragra ph of the first pag e of the August 9, 197 7, minutes be changed to Lighthall r ather than Ligh t hous e as recorded. Lois Sterling request ed that the second paragraph on page two be changed to read: "The letter nominating Bob Curr i e for the CLA' s Distinguished Service Award, as prepared by Beverly Simon wi th the assistance of Lois Ster ling, was circul ated to the memb e rs of the Boar d." Glenna Bennet made t he mot ion to app rov e the min utes as c orrected ; s econded by Lois Sterling . Motion carri ed . Miss Lute requested a ll Boar d Memb e rs to review the schedule for the Colorado Library Ass ociation and notify Eileen Browne which activ ities or wo rkshops the y wish to attend , Miss Lute s tressed th at pre -reg i stration by October 3 , 1977, greatly reduces t he amount of the r egistration fe e . TIie Re quest to Retain Membership in t he Central Co l orado Library Sy s tem (CCLS) wa s distri bu ted to the Board. Margaret Cloughesy mad e the motion that the Board recommend t o the Cit_y_ Counc il tha t the Englewood Library retain member- s h i in tbe CCLS _and that the Coun c 1 au o r ze the "'yiir"to B1gn the ag reem ent. Seconded by Glenna Be nne tt; the mot1on car r1e - Glenna Bennett re ported on the August 30 , 1977, CCLS meeting which she attended wit the Director . Mr . Ed Sayre reported that 19 77 funds wou ld have t o be retur ned to the State i f contracts were not l et in the very near future . He stated that c ontracts h ad been s i gned f or $1,385 for media maintenance and $1,62 4 or the audit of 1977 funds . Mr . Hank Shearouee, Director of the Denver Public Libr ar y, indic ated that Denver ma y h ave to discontinue r eference ser vice s to non -re sidents if they do not receive add itional funding from the Legisl at ur e . The Denver Public Library es timates the co st per reference quest ion at $4.05 . In 1976 the Englewood Public Libra ry e s tima t ed its cost o f provid ing reference s ervice a t $3.92 p er question . Mr. Sh e srouse said consideration h ad been given by the DPL t o charging for in-library reference servic es but it was decided t h at this wou ld make the public use the te lephone reference service s for which they could not be ch a r ged . ) I • • • • - Englewood Puhl 'c Librry BonrJ September 13, 1977 Pag two ... The CCLS meeting c ontinued with a d i s c u s s io n o n the ap pointmen t of a pl anning team which would make recommenda t ions fo r p r o grams t o be c a r r i d out wi thi~ the System . The necessity of a plann ing team wa s st r es s ed i f t he Sy tern 1s t o come up wi th fundable programs . Some of the CC LS Co unc il Me 1nb e rs asked s ome very careful quest i ons and made comment s abou t s om e o f the CCLS programs. The motio n was made tha t a pl ann i ng tPam ~hould be crea t ed and Ed Say r e woul d evelop p l ans and br ing them to the Sep tember 27, 1977, meet ing for furth 1 di scussion . An ne Marie Falsone gav e a de t ailed report on he State Libra ry . Th e CCLS Board of Direc tors Me et ing wi l be hel d on Sep t ember 20 , 19 77. The Membership Meeting will be on September 27, 19 77 On t h e agenda f or t his meeting is the election of the Board o f Direc tors , modifications of all oc a - t ion of Sy st em funds end introduc t i on o f new members . Librarian's Report: Total circu lat i on for the fi rst e i ght months was 5,500 lar ger than l a se year . Bisho~ School h as been added to the Fall Bookmobile Schedule . The Principal took Mrs. Czarn y around and introduced her to e a ch c lass . Bi s hop s hould be a good stop for the Roadrunner. There were 746 children in attendance at the Augus t S tory Hours as compared with 43 8 i n Au gus t of las t year . All the figures have not yet been compiled but as o f now over 550 child r en have completed the Summer Reading Program. Councilman Clayton inquired of the Direc tor as to when the books in coll e c t ion had gone over t h e 00,000 ma rk. Mi ss Lu t e explained ths t s he f e l t it would be better to wait for the new computer print out in order to know exa c tl y how many book s we actually have -the figure could vary 5% one way or he oth er . The Library h a s made arrangements to have the Music Magic Program ag a in this year . On November 30, 1977, "H ansel and Gretel" will be presented using marionettes instead o f puppets. The Director distributed a copy of the memorandum from Jim Curnes, Ass is tant City Manager, to Mr . McCown regarding the Libra ry Expansion. Miss Lute explained that it was decided that it would be unn e cessary to have ad di tion s . toilet facilities a djacent to the new meetin room . Members' Choice: Glenna Bennett mention t h at she had seen Al Quaintance and th a t he sent his best wishes to all the Members of the Board. Margaret Cloughesyinvited all the Members of the Board to her home after the Oct o ber 11 , 1977, meeting . Councilman Clayton and Lo i a Lighth a ll brough t fo rwa r d e discussion on changing the starting time of the Library Board Meeting to 7:00 p.m . It was dec i ded to bring this up for further discussion at the next meeting. Lois Light hall made the motion that a letter of appreciation be s ent from the Library Board to Mr . Alex Czarny for his efforts and time e xp ended on • D I • • n - • • • - 4 8' M E M O R A N D U M TO : Andy Mccown , City Jilna g ~r FROM: l J,tu( Richard S. Wanush/ Director of Communi ty Developmen t O~TE: September 14, 197 7 S UBJECT: Cherokee Kivas Planned Development The City Planning_and Zoning Commiseion held ft public heari~ on toe Cherokee Kivas Planne d Develo ment at its meetingon September 7, 197'1 a nd voted unanimously to . '"efer°'the Plan to the City Council with a recommendation tha t the Plan be approved subject to certain conditions which are set forth in the attached Rec om.menda t iQn to CTt ~Co un cil. Even thou~h the Planned Development Ordinance designated the Ci ty Planning and Zo n ing Commission as t he Approving Agency (§22,4A-12, Comprehensive Zoning Or d inance ), the matter is also requ ired to be referred to the City Council for its review and ac tion t o approve, co n ditionally appro ve or disapprove the Planned Developme nt . When the Plan has been finally approved, it is then recor ded in the office of the Arapahoe County Clerk and Recorder . Contrary to the procedure foll owed in a re zoning case, the Council is not required t o ho l d a public hearing on a Planned Development, although it may do so . The required public hearing is before the City Planning and Zoning Commiss i on. In the case o f the Cheroke e Kiva s applic ation, there have been two public hearings to date ---o ne before the Board of Adjustment a nd Appeals and one before the City Planning and Zoning Commission. In both instances, he property was posted to not ify the public of the intent to const r uct a 40-unit complex on the site, in addi tion to the l egal publicat ion g i ving notice of hearing. o one appeared at either hearing to question the project or to register protest against the project. The public hearing before the Board of Adjustment and Appeals was to consider the cons truction of a 40-unit apartment structure on the su bject site which is 36 ,864 squar fe et in area. There is no other land ava ilable which could be a sembled in order to meet the 42 ,000 squa re foot minimum lot area required in the R-3 Zone District . • I • • - • • • • • • -2- The public hearing befor e the Planning Commission was to c ons ider t he development plans for the seven-story, 40-unit condominium , because under the terms of the R-3, High-Density Residence Distric t, a Planned Development is required to be prepared, approved and recorded prior to the constructio n of f our (4) or more resident ial units. The pu rpose o f the Plann ed Development is t o encourage good design and to permi t flexibility and diversific ation in the u se of the land, The condominium uni t s will range from 1100+ to 1400+ squ are feet in fl oor area and will be the f irst such units i n the City , The project meets all of the requirements of the R-3 Zone District except as to minor deviations in relation to the parking structure setback. The Cherokee Kivas development is proposed to be constructed on the northwest corner of West Kenyon Avenue and South Cherokee Street , This has been a diff icult site t o work wi th because it is divided by the City Ditch and the topography varies some twenty feet f rom the southeast to the northwest corners of the site, The Water Board and the City Counci l approved the relocation of the Ci t y Ditch in 1 971 and the final de tails of the agreemen t were considered by the City Council at t he mee ting on Augus t 15, 197 7. The matter is on the agenda for final reading at the Council meeting on September 19 , 1977 . md /DAR /RSW Attachment I • • n • ( • • • - MEMORAND:JM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMME NDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: August 16, 1977 SUBJECT : Cherokee-Kivas Planned Development RECOMMENDATION: Tanguma moved: Lathrop seconded: The Planning Commission recommend to City Council the approval of the Cherokee-Kivas Planned Development at 3675 Sou t h Cherokee Street , with the followin g condi t ions : 1. The final drainage and storm run-o f f plans be approved by the Director of Engineering Services prior to issuance of a Building Permit. 2, The final landscaping plans, including the landscaping o f the area in front of the parking structure to screen it from public view, be approved by the Department of Community Development prior to issuance of a Building Permit. 3. There be compliance with the provisions of all applicable City codes. AYES : Lathrop, Owens, Parker, Pierson, Smith Tanguma NAYS : None ABSENT : Wade, Williams The motion carried. By order o f th e Cit y Planning and Zoning Commission • I • • • ( • STAFF REPORT Page -1- STAFF REPORT RE: • • • PLANNED DEVELOPMENT Case #16-77 The application f or approval o f a Planned Development proposal to be located at 3675 South Cherokee Street. DATE TO BE CONSIDERED: September 7, 1977 NAME OF APPLICANT: Cherokee Kivas Corporation George H. Allen, President 3640 South Sherman Street Suite #104 Englewood, Col e ·ado 80110 NAME AND ADDRESS OF PROPERTY OWNERS : A. Continental National Bank %Mr. George Bailey, Senior V .P. 3333 S. Bannock Street Englewood, Colorado 80110 Phone: 761-1000 B. Melvin J. Denning Verla N. Denning Lynnco Investment Com pany %Rich Diekmann Suite 309 8000 East Girard Avenue Denver, Colorado 80231 Phone : 750-2051 (Note: See attached title commitments for full legal descriptions and owners names and interests.) RELATION OF APPLICAN T TO REQUEST: The applicant, Mr. George H. Allen, is the president of Cherok ee Kiv a s Corporation which corporation will purchase the land and construct the proposed development. LOCATION OF PROPOSAL : The subject parcel is located on the northwest corner o f West Kenyon Avenue and South Cherokee Street and will be a ssig ned the addres of 3675 South Cherokee Street. (See the e nclose d vicinity map). Th e property • I • • - • ( • • STAFF REPORT Page -2- is legally described as follows: • • - PLANNED DEVELOPMENT Case #16-77 "Lots l to 4, Block 4, Hamilton and Killie's Broadway Heights, except portion conveyed to City of Englewood in Book 1971 at Page 681. County of Arapahoe, State of Colorado. And A parcel of land in the NE 1 /4 of the NW 1 /4 of Section 3, Township 5 South, Range 68 West of the 6th P.M ., more particularly described as follows: Commencing at the Southwest corner of said NE 1 /4 of the NW 1 /4 o f Section 3 ; thence North 299 feet; thence East 150 feet to the true point of beginning ; thence continuing East 176 feet; thence South 80.5 feet; thence South 35 °30' West, 80.94 feet; th e nce South 88 ':Jl 1 20 " East, 16.49 feet to the most Northerly corner of Block 4, Hamilton and Killie's Broadway Heights; thence Southwesterly along the Northwes terly boundary of said Block 4 to the most Westerly corner of said Block 4 ; thence South 89 °12 1 52 11 West, 47,33 feet along the South line of said Block 4 extended Westerly to a point 150 feet East (by perpen- dicular measur ement) of the West line o f the NE 1 /4 of the NW 1 /4 of said Sec tion 3; thence North 24.55 feet ; thence continuing North along the West line of Property described in Book 1926, Page 733, to the true point of beginning. EXCEPTING there f rom that portion conveyed to the City of Englewood, d escribed as follows: Beginning at a point 299 feet North and 279 feet East of the Southwest corner of the NE 1 /4 o f the NW 1 /4 of said Section 3; thence East 47 feet ; thence South 80.5 feet; thence South 35 °30' West, 80.94 leet; thence North 146.39 feet to the point of beginning. County of Arapahoe , State of Colorado." ZONE DISTRICT : R-3 High De n sity Residence District. The property has be e n zoned for multi-fa mily use since 1955. DESCRIPTION OF REQUEST: Planned Development approval is sought for a 40-unit apartment condominium. The objectives of the project are stated by the applicant as follows : • I • • I • STA FF REPORT Pag e -3- • • • PLANNE D DEVELOPMENT Case #16-77 "Our surveys indicate a defini te need in Englewood for a condom in ium p ro ject of superior qua l ity construction, and convenient lo cation. In addition, our c o ndominium owne rs will require a f ull security type building and garage, indoor and ou t door, Other ameniti es we will provide i n clude profession al landscap ing , recessed private balconies, panoram i c views, day and nigh t, an d heated swimming pool, Our present plans wi ll require the minimum age adult to be 35 , and the min imum age child to be 1 6. Other features they will enjoy will be pre-designing their own interior unit with wall coveri ngs, quality carpeting , built in a pp liances including washer and dryer each unit, kitch en cabinetry and lighting, Interior design consulta nts will be on call. Owners will also enj oy the high -s peed e leva tor , full sound proofing , ample stora ge s ys tem, club room with wet b a r , air conditioning, and sauna. Gues ts will enj oy special gues t accomodations, if needed," RECOMMENDA TION OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT: The Depa rtment o f Communi ty Developme nt recommends that the proposed Pl an ned Development be approved f or the following r easons: 1. The proposed 40-uni t apartment building is compatibl e wit h the Comprehe nsive Plan, whi ch suggests a high densi t y residential use f or this area, 2. Th e c o ndomin ium complex is a permitted use in the R-3 High Densi ty Residential z one dis t rict. 3, The site is easily accessible to the retail, f inancial, and service f acilities of downtown Engl e wood a nd to the City Hall and Library, 4, The site is centrally located, being within th ree blo cks of two art eria l streets, South Broadway and U.S . 285, • I • • • f • STAFF REPORT Page -4- • • - PLANNED DEVELOPMENT Ca se #16-77 The Department recommends this approval subject to the following conditions: 1, That th e final d rainage and storm run-off plans be approved by the Director of Engineering Services prior to issuance of a Building Perm i t. 2. That t he fina l landscaping plans, inclu ding the landscaping of the area in f ront of the parking struc ture to screen it fro m public view, be approved by the Department of Conununity Dev elopment prior to the issuance of a Building Permit. 3. That there b e compliance with the provisions of all applicable City codes, DES CRIPTION OF SUBJECT SITE AND ADJACENT AREA: The subject s ite has an unusual topogra phic character with a tw enty foo t variation in elevation between the southeast and northwest co rners of the property . The elevation continues to fa l l to the west and north beyond the property line o f the subject site, The R-3 area to th e north, east and wes t of the subject site has attracted a number of apartment de v elop- ments since the property was zoned for multi-family use in 1955, The largest of these is the 66-unit, 3-story complex, Villa Parad a, which is on -half block to the west of the subject site at 3655 South Delawar e Street, The five- story Sky Plaza apartments at 3600 South Bannock Street were constructed in 1961, Rangeview Manor, a 16-unit, 3-story building is to the north of the site and a 22-unit, 3-story walkup is to the northwes t at 3600 South Delawa re Street. A 16-unit, 2-story complex is to the east of the subj ect site. The rem ainde r o f the R-3 area north of Kenyon Avenu e is an intermix of density, ranging f rom one-fa mily to six uni ts. Denny Miller Field is also t o the north of the subject site and the Business-zoned area extends south of U.S. 285 t o West Ithaca Avenue ---some 400 feet north of the propos ed project . There a r e sing l e-family and medium-density residences in the ar ea sou th o f West Kenyon Avenue in an R-1 -C, singl e-family zone district, • I • • • • • • STAFF REPORT PLANNED DEVELOPMENT Page -5-Case #16-77 BACKGROUND OF PREVIOUS CITY ACTIO RELATING TO THE PROPERTY : Two single-family houses have been moved from the subject site since 1971. In clearing and gradi n g the site, a former own r removed several eve rgreen trees, but left two large spruce and two large juniper trees on the site, hoping they coul possibly be saved . It was determined whe n the realignment of th City Ditch was approved, that the two sprue trees on the south end of the site would have to b moved and they were offered to the City. Upon investigation, it was determined that the cost to move the trees to a park would be prohibitive and the work would not be guaranteed, so the City did not pursue the moving o f the trees. The Water Boar d and City Council approv d the realignment of the Ditch in 1971 to a locat i on on the south and east boundaries of the property at the requ BL of Mel O..•nning. Mr. Denning's pro ject fell through and the construction did not take place. (See the enclosed site map ) In 1973, Mr. Denning soug ht approval for a parking plan for 112 spaces from the Plann ing Commission for the pro posed construction of a nine-story 60-unit apartment house on the subject site. Mr. Denning•s financing fel l through and he countered with a proposal wit h 57 units. The Planning Commission granted approval of a parking plan with 97 spaces on May 4 , 1973 for the 57-unit apartment building. Because access t o the underground parking was proposed t o be from the al ley, the commission also recommended appro val for changing the Cherokee-Delaware alley to one-w ay northbound in ord r to control traffic to and from the proposed parking lot. City Council decided t o leave this decision to the City traffic e ngineers on completion o f the project. Again, the propos ed apartment structure was never begun du e to the collapse of the lending market. The R-3-B, Multi-family Zone District Ordinance was repealled in 197 5 and replaced by the present R-3, High-Density Residence Zone District which became effective January , 1976. The minimum lot area for a multi-family unit is 42,000 square feet and a variance for the proposed 40-unit apartment structure to be co ns tructed on a site having less th an the required 42,000 square feet was granted by the Board of Adjustmen t s on April 13, 1977: Case No. 15-77. The lot area of the site is 36,864 square feet and there is no other land available for purchase. • I • • • STAF F REPORT Page -6- • - RELATIONSHIP TO COMPREHENSIVE PLAN: PLANNED DEVELOPMENT Case #16-77 The propos ed 40-unit condominium would be comp atible with the Comprehensive Plan which suggests a high-density resident ial use f or the area north of West Kenyon Avenue. COMMENTS FROM OTHER DE PARTMENTS: * Public Works Depar tment: Having reviewed the pre liminary layout of the propo sed devel opment, this department finds no maj o r objection. We do, however, with to r e view the storm water runof f situation and will work with the ir engineers during final plan approva l. Moun tain Bel l : No obj ctions to the development . Public Service -Electric Division : No objections to the proposed development, Utiliti es Department: No ob ject ions to the proposed development, Water and sewer service are available to the site, A license ag reement was issued to Lynnco Investment Co mpany by the Water Board and City Coun cil f or t he reloc ation of the City Ditch in 1971 and the $1 25.00 relocation f e e was paid a t that time and is still i n ef f e ct. STAFF ANALYSIS : The purpos of t h Planned Deve l opment regulations is to "permit and encoura ge diversific ati on in the location of structur san d the appropria te relationship of various us sand struc tu res to the ir sites without inhibiting the poten tial advantage s of new and imaginative techniques and concepts o f design ". The assurance that the layout and d esign submitt ed as part of the Planned Deve lopment will be carried out is given by the adoption of a development plan which, upon approval, is recorded •After the staf f report was typed , both Code Enforcement and the Fire Department respo nded that they see no proble ms with the de v elopment and have no objection to t he Plann e d Development . • I • • ' ( S TAFF REPORT Page -7- • - PLANNED DEVELOPMENT Case #16-7 7 in t he office of the County Clerk and Recorder, No significant changes can be made in the pro ject wit hout the further approval o f the Commission. The Planned Development District overlays all z one distri cts and while mandatory f or the developer of f our or more residential units, i t is optional at t he ple a ur e o f the developer in other instances . Any of the regulations o f the unde rlying zone district in this case R-3 ---may be varied with the exception of the permitted us es and o ff-s t reet parking requirements , If one or more of four e numer at e d f actors exist, the Commission may waive up to 25% o f the off-street parking requirements , §22.4A-6 (e), This is not a fact o r in this particu lar case, however. The setback requirement s, lot coverage and building height are examples o f the regulations which can be varied by fi ling a development plan. Other than Ken t Villa ge, there are no condominiums in the City of Englewood at this time, For a number of years, persons have said that they would like t o sell their home and move to Eng lewood if there were a condominium in which th ey could invest the money from the sale of thei r property, The Cherokee Kivas condominium wil l ma ke such a move possible for those who wan t the advantage o f owner ship without the responsibility o f snow removal and lawn care, The project will be sel f -con tai ned in tha t it will provide a swimming pool, club room, sauna, priva te of f -street parking and special guest accommodations. The buildin g will also be secured, another fe ature which to many persons is a necessi ty rather than a "nice f eature which has been added". The units themselves will be between 1100+ and 1400+ square feet in area, excl usive ot balconies. The site which is being c onsidered has been a ver y di fficul t one with which to work because o f the ext r eme cha ng e in elevation f rom the south to north. It will be expensive to develop the site b ecause o f the grade and th e neces sity of relocating the City Ditch, The project is being und rtaken by local people who have long-demons t r ated an interest in the commun ity and there is e v ery reason to believe that it will be a desirabl e addition to th City. The speci fi c l ands caping plan is bing pr par d by a lands c ape architect and the applicant has sated that it is their in tention to make the dev lopm nt as att ractive as possible by having it well landscaped. The everg r een trees which ar e on the site will b e incorpo r ated into the landscaping i f it is possible to do so. • I • • n • • STA FF REPORT Page -8- • • - PLANNED DEVELOPMENT Case #16-77 Englewood has need of well-designed focal points of interest to add interest and character to the City. Much depends on the overall development and design o f the proposed building, of course ; but it should hav e a very positive effect on the City center. S ince the City lacks a desi g n review committee, the Planning Commission must rely on well-planne d and maintained la ndsc aping a nd the artistry and taste of t he designer-de v elop&r to provide Englewood with what will surely become a prominent and very permanent landmark o f the city . • I • • I D • - VICINITY ,.1AP --DEPARTMENT OF COMMUNITY DEVELOPMENT CITY OF ENGLEWOOD , COLO . • 8 -J0 -77 • • ,IA OND . I ."~,,,. LJ DI AM OND t,AL.L PLAYGROUND PLANNED . 53164 5317 1 • DEVELOPMENT • • - LJ IS -•-! I ·n5.J2~' . ,I . i SITE MAP 53/6 ----~~FFERSO ---c 53 ""-~ J l w .-.---~-~--;1 ___ AVE .. ,53231i • - ( -.. __ ) ;· [ R I • • n n • • • CITY OF ENGLEWOOD, COLORADO 340 0 S. ELATI STR EET ENGLE WOOD, CO LORADO 80 110 APP LICA TIO N FOR AP PRO VAL OF A DEVEL OP ME NT PLAN PARAGRAPH 22.4 A PLA NNED DEV- EL OPMENT DI STR I CT (B) WR I TT EN STATEMENT RE: WEST VI EW 40 UNIT CONDOMINIUM PROJECT 36 75 S. CHE ROKE E STREE T ENGLEWOOD, COLO RAD O 8011 0 DATE : AUG UST 15, 1977 APP LICANT NAME : CHER OKEE KIVA S CORP. PRES IDE NT : GEORG E H. ALLEN ADDRES S : 3640 S. SHE RMAN STREET, SUITE 104 , ENGLEWOOD, COLORADO 80110 78 1-71 02 PHO NE: 1. OWN ER OF PRO PERTY: A. CON TIN ENTAL NATION AL BANK 7. MR. GEORG E BA IL EY, SEN I OR V.P. 333 3 S. BANN OCK STR EE T ENGLEWO OD, COL ORAD O 80110 PHONE: 761-1000 B. MELVIN .T . DEN NING VER LA N. DENNING LYNNCO IN VES TM ENT CO . 7. RI CH DIE KMAN N SUITE 309 8000 EAST GIRARD AVE. DENV ER, COLORADO 8023 1 PHON E: 750 -2051 (NO TE : See attached title comm itme nts for full legal de s c ript i on s and owners names and inte rests.) 2. OBJECTIVES OF DEVELOP MENT OUR SUR VEYS IN DICATE A DEF I NI TE NEED I N ENGLE WOO D FOR A CONDO- MINI UM PROJE CT OF $UP ER10R QU ALITY CONS TR UC TI ON, AND CONVENIEN T LOCAT ION. I N ~DDI TI ON , OUR CON DOMINI UM OWNERS WILL REQ UI RE A FULL SECUR- I TY TYP E BUIL DING AND GARAG E , IND OOR AND OUTDOO R. O'lllE R AM ENIT I ES WE WILL PRO- VID E IN CLUDE PROFESSIO NAL LA NDSCAP ING, RECESS ED PR IV AT E BALCONIES, PANORAMIC (' VIE WS, DAY.AND NIGHT , AND HEATED SWIMMIN G POOL. • OUR PR ESENT PLANS WILL RE QUI RE TH E MI NIMUM AGE AD ULT TO BE 35, AND THE MINIMUM AGE CHI LD TO BE 16. OTHER FEATUR ES THEY WILL ENJOY WILL BE PRE-DE SIG NING THEIR OWN IN TERI OR UNI T WI TH WA LL COVE RI NG S, QUALI TY CARPETING, BUILT IN APP LIANCES I NCLU DI NG WA SHE R & DRYER EACH UNIT , KI TCHEN CABIN ETRY AND TTr.HT TNr._ TNTERIO R DE SI GN CONSU I,_TANTS WI LL BE ON CALL • • I • • n < < • • • 2. OBJE CTI VES OF DEVELOPME NT (continued) OWNERS WILL ALSO ENJOY THE HIGH-SPEED ELEVATOR, FULL SOUND PROOF- ING, AMPLE STORAGE SYSTEM, CLUB ROOM WITH WET BAR, AIR CONDITIONING, AND SAUNA. GUESTS WILL ENJOY SPECIAL GUEST ACCOMODATIONS, IF NEEDED. 3. DEVELOPMENT SCHEDULE OUR P~ESENT DEVELOPMENT SCHEDULE PLANS A STARTING DATE OF OCTOBER 20, 1977 AND A fINAL COM~LETION DATE JULY l, 1978. THE DEVELOPERS GOAL HERE IS TO BUILD A STRUCTURE OF SUPERIOR QUALITY AND HARMONIUS ARCHITECTUR E, THAT WILL COMPLIMENT ANY SURRONDING EXISTING STRUC- TUES, AS WELL AS FUTURE GROWTH IN THE CITY OF ENGLE~OOD. CONSIDERABLE CARE HAS BEEN TAKEN TO PROVIDE ADEQUATE PROFESSIONAL LANDSCAPING ANO OPEN SPACE BALANCE S. IN ADDITION, ANY SIGNS, SITE LIGHTING, AND SCREENING FENCES WILL BE INSTALLED ACCORDING TO CODE, AND WITH UTMOST CON- SIDERA'llON FOR SURROUNDING OW NE RS. FULL CONSIDERATION IS GIVEN TO ALL ENVIRONMENTAL GUIDE LINES, INCLU- DING PRESERVATION ofi ENERGY, SAVING OF FUE L, AND UTILIZING NATURAL LIGHTING. IN OTHER WORDS, THI S ENTI RE PROJECT ENCOMPASSES "PEOPLE CONSIDERATION," ANO THE CITY OF ENGLEWOOD WILL BE PRO UD OF THIS DEVELOPMENT. 4. ARCHITE CT: GENERAL CONTRACTOR: MARKETING: DONALD L. MARSHALL, A.I.A. GEORGE H. ALLEN CONSTRUCTION CO. MAJOR REALTY CO ., C,8. McMAHON SPECIAL AGREEMEN TS , CONVEYANCES, RESTRICTJONS, OR COVENANTS THERE IS AN EXISTING CITY DITCH CROSSING THE SOUTHERN PORTION OF THE SITE. PROPER LEGAL ACTI ON IS UN DER WAY BY ATTORNEYS GARY PATTERSON AND JOHN CRIS WELL TO MOVE THE DITCH TtARALLEL KENYON AVENUE AND SOUTH CHEROKEE STREET. IN ADDITION, GARY PATTERSON, ATTORNEY IS IN THE PROCESS OF DRAWING ALL LEGAL DOCUMENTS REQ UI RED BY LAW, FOR A CONDOMINIUM PROJECT. THESE DOCU- MENTS ARE NEAR COMPLETION NOW. ALL OF THE ABOVE WILL CONFORM TO CITY OF ENGLl'WOOD, COUNTY OF ARAPA- HOE , AND STATE OF COLORADO LAWS. .-' OF BEING PRESIDENT (OFFICE OR POSITION HELD) • • I • • - ( • ' • TO: CITY OF ENGLEWOOD 3400 s. ELATI STREET ENGLEWOOD, COLORADO 80 11 0 RE: • • • AUGUST 10, 19 77 APPLICATION FOR APPROVAL OF P nE VELOPMENT P[AN, PARAGRAPH 22.4A, PLANNED DE- VELOPMENT DISTRICT. SUBJECT: 40 UNIT CONDOMINIUM DEV ELOPMENT PROJECT 3675 SOUTH CHEROKEE STR EET, ENGLEWOOD, COLORADO 80110 DEAR SIRS: WE ARE FULLY AWARE OF THE PLANNED 40 UNIT CONDOMINIUM DEVELOPMENT PRO- JECT, TO BE BUILT BY THE CHEROKEE KIVAS CORPORATION, AT 3675 S. CHEROKEE ST. AS PARTIAL OWNERS OF THE TRACT OF LAND, WE HEARTILY ENDORSE THE PROJECT AND HEREBY AGREE TO " BE BOUND BY THE REGULATIONS AND CONDITIONS WHICH WILL BE EFFECTIVE WITH THE APPROVAL AND RECORDING OF THE DEVELOPMENT PLAN, SINCERELY, CONTINENTAL NATIONAL BANK ~J• 4;7 ,°'k(/e ~z OWN ER DATE OWNER DATE • I • • ,( 0 • ' \ • TO: CITY OF ENGLE WOOD 3400 S, ELATI STR EET ENGLE WO OD, COLORADO 8011 0 RE: • • • AUGUST 10 , 1977 APPLICATION FOR APPROVA L OF A OEVE LOPMENT PLAN , PARAGRAPH 22 .4A, PLANNED DE- VELOPMENT DISTRIC T . SUBJECT: 40 UNIT CONDOMINI UM DEVELOPMENT PROJECT 36 7 5 SOUTH CHEROKEE STREE T , EN GLEWOO D, COLORADO 80110 DEAR SIRS: WE ARE FULLY AWARE OF THE PLANNED 40 UNIT CONDOMINIUM DEVELOPMENT PRO- JECT, TO BE BUILT BY THE CHE ROKEE KI VAS CORPORA TION , AT 36 7 5 S. CHEROKE E ST. AS PARTIAL OWNER S OF THE TRACT OF LAND, WE HEARTILY ENDORSE THE PROJECT AND HEREBY AGRE E TO BE BOUND BY THE REGU LATION·s AND CONDIT ION S WHICH WILL BE EFFECTIVE WITH THE AP PROVAL AN D RECORD IN G OF TH E DEV EL OPMENT PLAN , SINCERELY , ,. '·/, .-'' ~ .'~?-.,-;...., /-'(,' ·~\ 1 ( 5e OWNE R DATE I i ,/ , , I ,.·1 r . 7 / /ti' , I ' /ii ' ;.·, ) ) OWNE R DATE • I • • ( < \ • • • 4 C MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: September 7 , 1977 SUBJECT: Santa Fe Drive Corridor RECOMMENDATION: Owens moved: Smith seconded: The Englewood City Planning and Zoning Commission recommend to the City Council that t Y. a rove e),an Amendment to t e Reiiional Utiibwaf plan t h.ai....llould. downgrade the Santa Fe Drive Corridor f'toiii a -Lim!ted Access Facility to a Principal Arterial tietween I-25 and County Line Road, a distance of approximately ten (10) miles. The Commission further recommends--"{ a i the decision regarding access to properties on the west side of Santa Fe Drive, particularly the recommenda- tion of the Colorado Department of Highways that no frontage roads be constructed, not be made at this time, but sbould be considered at a later date; it being the Commission's feeling that under some circumstances, frontage roads or access roads may be warranted. AYES : Owens, Parker, Pierson , Smith, Tanguma NAYS : Lathrop ABSENT: Wade, Williams The motion carried. By order o f the City Planning and Zoning Commission. i))(M{jp Ad J. £ )1/ta J( Marga t J, D man Recording Secretary, Pro tem • I • • ( < • • • ,· - M E M O R A N D U M TO: FRO M: DATE: Andy Mccown, City ,'y~ Richard S . Wanush/~l'ctor, Community Development September 14, 1977 SUBJECT : Proposed Amendment to the Regional Highway Plan/Santa Fe Drive 4 U , At your request, the Department of Community Development h as reviewed the State Department of Highway's request to the Regional Council of Governments to amend the Regional Highway Plan. This specific amendment would downgrade the South Santa Fe Drive Corrido~ from a Limited Access Facility to a Princ i pal Arterial between I-25 and County Line Road. Attached is the approved Regional Transportation Plan, This Plan is the basis upon which Federal and State priorities and f unding are established, As you can see, the Plan i ndicates t hat the transportation corridor generally following the South Platte River from I-25 to County Line Road is designated as a Limited Access Facility. While this is still a major transportation corridor, all of the improvements that we have recommended and all the improvements that are anticipated to the year 2000 fall within the Principal Arterial classification, Th e a ttached report from the Department of Highways summarizes the reasons f or this amendment: l , A f reeway would significantly increase traffic vo l ume s a nd air pollu t ion . 2 . A principal ar t er i al would limit vehicular traffic volume wi th t he excess d em a n d shifted to mass t ransit, (A 50-foot right-o f -way fo r RTD is being designed into the six-l an e a r ter i a l,) 3 , De n ve r wouldn't a c cept a f reeway t hat would literally du mp t he Sa nt a Fe tr a ffic in to its system at I-25. The disru p t i o n c ould no t b e a ccomodated, • I • • ( ( • • • - -2- The City of Englewood has already gone on record as supporting the proposed six-lane improvement and we have supported the Department of Highway's proposal to construct interchanges and/or grade separations at Dartmouth, Hampden, ox fo rd/Quincy, and Belleview. We were also instrumental in obtaining approval for the use of transfer funds from I-470 for Santa Fe improvements, Now the Federal Highway Administration is reluctant to give final approval to this improvement because the Regional Plan indicates that this corridor, in the long term, is scheduled for a Limited Access Facility, Much of the problem appears to be one of semantics over t he definition of various types of facilities, A six-lane facility with grade separations and interchanges has already been approved by the Stat e . There is also the likelihood that an additional fifty (50) foot right-of-way will be approved by RTD. The Highway Department has stated that no frontage road is being considered and that adjacent properties will generally have direct access to Santa Fe, which, in some instances, will reduce the effectiveness of the facility. The issue is wheth e r this type of facility is a "limited access facility" or a "principal arterial". The answer is neither one, but parts of both. A principal arterial would have at grade crossings; this will not. A "limited access f acility" would be likely to have frontage roads and no direct access for adjacent properties; this will not. The Highway Department feels that this Plan change is needed in order to insure a timely flow of federal funds for the project. Th e y also fee l that all proposed improvements fal l wit hin the Principal Arterial classification, I can see no objection to their proposal as long as there is a clear understanding of the type of f acility we support and as long as we are assured that this facility meets the standards fo r a Principal Arterial. At the very le ast , the f ol l owing conditions should be met in the construc tion of an improved Santa Fe Drive: 1. Santa Fe Drive s hould be upgraded t o at leas t six th rough lanes . 2. Interchanges or grade separations should be pro vided at Dartmouth, Hampden, Ox f ord/Quincy, and Bel leview. • I • • • -3- • • • 3. Where necessary, access to adjacent properties should be controlled and/or frontage roads should be constructed, While frontage roads are not needed for the entire ten-mile improvement, there may be segments where a frontage road would be the best form of access to adjacent properties. This option should not be precluded by designating the Santa Fe Corridor as a Principal Arterial. md/RSW Attachments • I • • - ( ( • APPLIC ANT: Fift eenth Street, Inc dba The Waldorf 4 5 95 S Santa Fe • • • COUNCIL ACTION REQUEST LIQUOR AN D J.2 BEER OUTLETS TYPE OF ACTION REQUESTED: Hotel/Restaurant License Renewal 9-29 -77 POLI CE AND FBI REPORT S: Enclosed PREVIOUS CITY COUN CIL ACTIONS DU RING PRI OR TWO YEARS, EXCLUDI NG ANNUAL RENEWAL: CI TY ATTORNEY'S REVIEW: co~~.IBNTS: • 4 D , I) I • • In n ( ( • • - 1L 401 (R•V 1 /1 11 ST ATE OF COLORADO DEP AltTMIE NT O F REVENUE RENEWAL APPLICATION FOR MAL T1,VINOUS ANO SP I RITUO US LIQUO R LICENSES DO ~OT WRIT[ IN TH'-S~ACE (GET APPROVAL OF LOCAL LIC ENSING AUTHORITY FIRST) LIQUOR EMFORCEMENT OFFICER 'S .1.CTIOM HTUI GETTING A,PIIIOVAL • o, LOC A L 1-11-I~~ I, Th :, 1 l.'l L "A LUu:<t' l hE Al'PlOl/1 0 t ~.? ?--<? .7 LtC[N51NCi I AU'rHORITY IF R[CUIIU O s um TO COLo•uoo Oll'AlltTM(N f o, 111£V["'I U( STAT( tA ' TAL ,O IN[ll SJ'\ IH[IU,1A"f ~l OOIVtlt COlO tOlO! ,.,, " ]1'1 4'.>'n ~ Sl1~T A fE L•\vl :_11 ._.LIJ CL. tiCll O I CERTIFY THAT THE RE A RE NO CHANGES TO MY ORIGINAL APPLIC ATI ON EXCEPT CHANGE OF MANAGER , TRADE NAME OR CORPORATE STRUCTURE NE W TRADE NAM E ------- I GNATURE ------------------------- O &T[ (If TH ER E IS A CHANGE IN OWNERSHIP OD NOT USE TH IS FORM USE A ORIGIN AL APPLICATION .) I MPORTANT I MANAGER'S NAME ___________________ MAK E CHECK OR MONEY SEE I NSTRUCTIONS [ IF APP LIC ANT IS A COAPOAAT IO N , FILL IN REVERSE SI DE ORDER PA YABLE TO THE ON THE REVERSE COLORADO DEPARTMENT SIDE BUSINESS PHONE NO. OF REVE NU E TOTAL FEE(S) o,~..,,o $ 3l-l ... ; '-----------'---------------'----------'---~-____L___ _____ ---J -PEE ·*~ Do vou h1,o ego• PO IHSC,on ot the prem u e1 to, wh ic h th•• opp l ,catlon for hcenie II m1dol __ -y /...:- Art 1he pr•l'T\ set ow or rt ritad~ C kJt-,crt) II ranted . effective & e,c.p 1rat1on date of II app11C"1ntl1I or all off1c1r1 of tt',1 cmporat,on, c•1 1en(1} of the United S ta tei of America? 11 the apo:,c nt o• 111v of the pertn1r1 or any of the o tt 1cer1 1tockholders or directors of 1a1d appli cant Ill t 11 a corpou 1 1on1 _/ or emplf"lyttl'<t of'"\' 1·,ct'I unde r rhe IOI of t wen ty-one yeer11 __________________ Ye1 ________ ~0~ Ha1 the ltP DhcaM or 1ny of the partner,, o r any of the off1ce r1 , stock holden or d 1recto r1 of u1d epp l1can1 l1t 1t 11 a corpo,a uonl eve• hti,,t!'l conv 1ct 1~ of I fe,onv 1n the State o f Col o ra d o or been convicted of I CNTH! a tHv.-ht •e which wut1td co"'tttutP a t11onv f such er r,f h ad been committed tn the S tate of Colorado? If 10 , 1tat1 fu ll 0111 11 _______ Yos, ________ i...o~ Het the eppl c:1n1 or tf'y of tht partn1r1 , or env officer , director or ttockholder of 11ld appl1c1111 f1f t ls a corp,:,11.1t101') e1,r1r lal be,,, rl•"'td e c ense under thll llQuo, law7 ____________ , __________ _,., ________ N lbl t11 0 •", coh 1c twa,,ga l1 cen1e 1u1pended or revoked '--- lt 1he • .,,.,...... , ""· e-.p111n tully lattech separate 1hee t, •f needed I ______________ Y••--------" no vnu 11ny rrtmbt" of \'OUf femllv have a f1nanc1 11 1nter11t "' any 01htr liquor hc enae' IS1 ,.h fin nc•al nte~Ht to ,n, lode /' anv eau 11v n11rttt JC"l &n•I If the sn 1w1r 11 yes. 8>Cpla1n ,n d1td1I Vea ~o __ _ _:Dt,_i_ _ _n Ir Cr,/2./J t9,v,) .i&<• Qc ,NC< 0 /t" UC{'f/.X.r." ~./,J:Jo q-T-1 sr ~e,,lcld2 Tdt! L,J(f W,~ _LJI~ .± !:!.4,uc:Z 04 -1.lliL. 1d!lTu.L ~tlS .f: O,a /:11,,6'.,d~ k',l~d\ tlfsu 011 1 1:,, iH V iUCJ/iLI!', :i:Jth£ Doe, any person , f1rm or corporat,on have a t 1nonc1a l 1n trail, evidence d either by loan, or tQU·tV ownership in the business for wh C"h ,t-. 1ctrilft , requetted? If the an ,war ,, yes , 1tate n ames Bl"ld addre1111 end amount of su ch flmmc 11I interett a,cp rened ~ tither'" r1otl an or otner 1tem1 of value such 11 1nventorv furniture , f 1Nturt1 and 1qu1pment _______ Y11 ________ No List th" names and addnn1,t1 of 111 hu1me11es 1n which anv of th e per1on1 ,n th e p rev 1ou1 quHuon ara 1ntert1ted Name Susln eu AtldreU • • I • • - ( • • - IF TH E APPLIC ANT IS A CORPORATIONA"'t".'.. (•~Jbl, (c ). (d), and (11 '{ 1 I, •I OrQan ud under th• ltw Q' :ht Stall ol ___ ~~~(J __________ Date_..fi1..fL _:)_:; _____ _ b Pr1nC,PI· •·~•H 11 r ..,d tC'l lld a,_J..k:t::ti _~.r::J __ ~"'f----------County 0 1:t:ll\1\J~--Stale of __ -'.,../;) _______ _ lei Oat• c '"'Ill !au annual corporate report to th e Sec,e 1arv al Stall_ __ ~ _LoC/1,._ __________ _ di ,.. amtt Home Addreu C11v 0dtt nl Btrth Mc,n1t1 Da v . Vea, ,ol P,,.,c1en1 ~:f~~ti,l~b~KA~"~'~~).....,_ v... •.•• -ri-6,,wL J) Ji ?Oa s 1 -l -1 o I) r,."~·"•· . ...,, ... , v -~ct~M~:r1;: ..... l(..,,_,..t1~!9 ... 1f,.1 .. Ji'.,..,ic...S.__ x'ba7 i+o1 ly H (,(,t 61 Di2..- M,r. QI RECTO RS L111 dll 011ec1ors hu 11,m 3 ar1 required bV Lawl NAME HOME STREET NU & C:ITY NAME HOME STREET NO & CITY PERCENT O, STOCK QWNH, 3 -; ,, DATE Of-ernTH OAH Qf, BtRTH /Th• following af11dav ,t to be 11gntd and acknowledged bv md1v1 dual111rd efl<:h member of partnersh,os and bv Co1po•at•on STATE OF COLORADO and __________ ,__~------'(Ii 1hath11.,1heappl,cai,1 abo ve namad:or 1h11 he l1 I the above nm1,ed cor p oration. ttuu he has read the lo eQo,ng HOP' c 1t, ano ll'lttt lie 1<•1 ws the contents tha11of , ai,d thltl all ma er, enrt 1h,ng11 th11em 111 lonh are tr ue al h11 ciwn know!1d"9 and he dg1181 to con IL, rn ,otl ult, ur>ri ·e\<ulc11,,..11, p,omulqattrl hv t~,a S1a 1,1 Department of Revan•JI .n ronnec11on there..v th • St,Wsc,;bed and 1worn Jn bttfofl me REPORT AND APPROVA L OF LOCAL LICENSING AUTHOR ITY Mar,ufacturan Who1e1a1ttrs, Im port er, &I'd Publ,c Tran1p(lra11on Sv'1•"'• disregard 1h11 sKt1 J"1 l'r• to••to n •oohca11on n1, oeen •••mlnea ano tr-• p,•mu,e, ti• n•u conoutt•o • \a n•••ct•• ,11r,1c .tPP'h:at h 1.i~1t1cto,v •·~d .... on •ogt1 ,,.. •. t.t <on 1,,. ... , •. •+ g11111ed, w111 meet tl\e re11on1blt eou•1•"'•""'' al lh• ,.,,qnoo,,, 1:1 .,,c:1 ne ':le\ e\ 01 ire ""'•t> 11rto, I dCOffl,P H .... 1tro l"e p,0 .. ,,,1., ,, Art •Cl •.t 7,T,ti• 12 C. A.S l91J ---------DAV OF _________ A O 111-------- NTV)'--------------------------------------- 8 AT f Sl -----fC (Rt"OAS CAI 1,14~VCRO'T~·r--c,rr ClA,.tAV l'ltQT ... f Of'r-CIALftfAl OFn;f Ll(f"c!.tf'IIGA,JTHO R ITV I • .,,.,,.,. o, c ty '"• .11.t \·• ,,1po,a-11 1'\oiJ•a r.• 11, o t>Y tft• fT'I,.-~ ,, a 1o f I c.oun•v '"•" b'r ,,,, c"'• ,man c• 11,. boa,a "1 NOTIC ~ ~SURE THAT YOUR LICE NS E IS ISSUED ON TIM E, IT IS IMPORT A T THA THIS DOCUMENT WITH YOUR S ATE FEE RE~ITTAN CE , BE AT THE COLORADO DE PA RT ENT OF REVENUE , STATE CAPITOL ANNEX RIii' !)I G 1375 SHERMA N STREET , DENVER , NO LATER THAN DECEMBER 1 • I • • - ( ( • M E M O R A N O U M TO : FROM: DATE: Director o f Finance Chief of Pol le e J uly 1, 1977 • • - SUBJECT: ANNUAL REPORT -LIQUOR OUTLET CALLS 11-1-76 12-3-76 2-19-77 Aggravat~d ro bbery Aggrav ated [ 2-26-77 fl ! fllli!9FT?P? The Wald orf o pay cust om e r I -------- Rob ert R. Holmes Chief of Pol Ice ------- {1~)'~ ~ee'~~,;_ Cap t ain Ro nald Fraz i er ~ Invest i gat i ons Div i sion RF/kb • Offen s e repo r t Offense r epor t In cident report s rr : J I . • • • TOt PROM: SUIJICT, • • • • INTER.OFFICE MEMORANDUM Andy Mccown, City Manager DAll: September 15, 1977 William D. James, Director of Finance and Kells Waggoner, Director of Public Works CROSSPAN BID 1977 Sealed proposals were received by the office of the Director of Finance (Purchasing) on September 14, 1977 for the construction of 2700 square feet of crosspans, 50 lineal feed of curbwalk, 130 lineal feet of curb and gutter, and 360 square feet of sidewalk within the City of Englewood. Bids were received as follows: Company Dakolios Construction Co. Colorado Curb & Gutter, Inc. Trujillo Cement Contractor C-W-N Construction Co., Inc. Eby Contractor, Inc. Bid Engineer's Est. $19,975 $12,447.70 16,919 16,485 15,421 v' 14,895 The low bid received is higher than the amount budgeted -$13,625.00; although, by eliminating the Bannock & Quincy crosspan, the low bid is reduced to $13,448.35 which is within our budget. We, therefore, recommend the proposal submitted by Eby Contractor, Inc. in the amount of $13,448.35 for the construction of Crosspan Replacement Program 1977 be accepted and award made. It is interesting to note that by re-bidding the crosspan project, we have saved approximately $3,000: previous low bid----------$17,608 present low bid-----------14,895 difference----------------2,713 /~-~-=------ ~ill:iam D. James Director of Finance . /;_120., (..5) - Kells Waggoner~ Director of Public Works HT/lo • • I • • • • • • 'I-F- TO: Andy Mccown, City Manager FROM: SUBJECT: William D. James, Director of Finance Audi t Contract for 1977 Audit Shepherd and Company, Inc. have submitted their proposed contract for perform ing the 1977 annu al audit. There are no significant contract language changea proposed for 1977 audit. She pherd and Company, Inc. is proposing a total contract amount of $23,500. This is a maximum amoun t that the auditors can charge and they are required to document all time spent on the audit. If less time is required, t he total cost could be lower. Th e 1976 Audit Contrac t stated a maximum amount of $20,500. Shepherd and Comp any, Inc. have stated the following reasons for increasing the contract by $3,000 for 1977i *l) Golf Course Fund Audit *2) Library Loan Agreement Audit *3) Section 8 Housing New Construction *4) Section 8 Hous i ng Existing 5) Rehab Loan Program (Increase No. of Loans) $500 $500 $500 $500 $250 $2,250 * Note: These programs have not been previously audited. Th e remainder of the increase of $750 or 3.7% i s due to increased office costs of the firm , I have discussed this agreemen t with Mr, Shepherd , President of Shepherd and Company, Inc,, and I feel t ha t these increases are justified, Therefore, I would recommend approva l of this cont ract, I would like to remind you that this is the last year fo r Shepherd and Company, Inc. to per form the City 's audit according to the guidelines adop t ed by City Council. As s oon as the audit is completed and the management letter is reviewed, City Council will have to establish an Audit Review Committe to select an auditing firm for the next three (3) years, 1978 -1980. This proce ss should st art in May and be completed by July I, 19 78. William D. James, Director of Finance ~ • I • • - • ,. .. .·, • • • - IN DE PE NDENT I\UDITO RS agree to submit to t he City Coun cil, in wr iting, the prob le ms they have encountered, The IND EPEN DEN T I\UDITORS sha ll explain In det&II the problem and must Include t heir recommendation as to t he cou rse that should be followed ln order to complete the aud it In a busi ne ss-lik e manner. The IN DEPEND ENT AUDITORS' recommendations must also Include t he ir esti ma ted add ition&! cos t, com p uted in the same manne r as stated In Paragraph 7 of this llgreemen t, 10. It ii understood t ha t the CJTY 's ablll ty to provi de the It e ms enumerated in Paragn1p h1 4 and } are depende nt upon ava il ab ili ty of personnel In the ClTY's Finance Depa rtment. In the even t t he C!TY's Fi na nc e Department Is Wlable t o pr ov ide the Information c alled for in these paragraphs, t he INDEP EN- DENT AUDIT ORS a re a uthorized to provide the personne l at add ition al cost, compu t ed in t he same manner a, Paragraph 7 of t hi s As ree men t, II, It la un dentood that no stat em en t herein 1houi d pe rmit the INDEPE NDE NT AUDITORS to omit t o do an y ect req uir ed by reuona ble and cunomary care in making the aud it. 12, This ag reeme nt shall Inur e to t he b,,nef lt of a nd bind the 1ucce11ora and a.signs of the parties he reto. IN WITNESS WHE REOF, the pa rties he re in have &et t he ir hand and &eal this----day of ___ ~ 1'77. ATTEST, ex officio Clty Cle rk .' ·~,. ----,_ -·-- CITY OP ENGLEWOOD, CO LORADO A Mun ici pal Corpo ration By Ma:'.'.yc:o-=-r------------ SHEPHERD AND CO MPA NY, IN C. By Lo~re:cn:-.;D:-•• S°"h-:-ep:.h:-:e::r-:;d-, "Pr:ce::s7'.id:-:ec:nc:t---- L -.. r ..... ·- • I • • .• < ( "':'· • • • • 6. The CITY agrees to submit to the INDE PENDE NT AUDITORS t he exhibits, 1tatementa and •chedule subject t o the ex am inat i on u t hey are a,mpleted and will eodeavor to have them all submitted by not later than February r,, 19 78 and tha INDE PENDENT AUDITORS agree to exert every etfort toward a,mpletlng tha audit at the earliest possible date thereafter and In no event no mo re than approximately 4, days afte r the date the Jut exhl bl t, natement and/or schedule Is 11bmltted to them. Al l proo1s will be subm itted to the INDEPENDENT AUDITORS tor approval. 7, The CITY agrees to pay the INDEPENDE NT AUDITORS on a per hour rate as follow11 Title of Accountant Manage r Sen io r Accoun tant Senior Assistant J111ior Assistant Secretarial Rate per Hour s,o .oo 30.00 20.00 18.00 1 .00 I , It la 111derstood that the INDEPENDENT AUDIT ORS represent themlClves as wel l qualified In municipal accounting, and further t hat they agr ee to exerci• due care and diligence and to discharge thei r professional services IJleClfled as eff iciently u possible. The INDEP ENDENT AUDITORS' intent will be to keep the aggregate fee as l ow as possibl e, commensurate with the services actually perform ed, but not more than $23,,oo. Tho Independent a uditors •houl d consider In their total fee that they mu,t appear before the Co111cil t o prc,ent their report upon Its completion. In addition, It Is 111 derstood that the INDl!Pl!N DENT AUDITORS will provide a •management letter" wi t h their evahatlon al the financial admlniatratlon of tha City. Upon request by the City COlalcll, tho INDEPENDENT AUDITORS shall re port on progreS5 made to eliminate cfeflciencl01 a,ntal ned 1n that Jetter. ,. Should the INDEPl!NDENT AUDITORS encounter a situation ~ring the a,une of the audit that could not be antldpated at the ume of t hls Agreement, and 1hould this 11tuat on, In the J DEPl!NDENT A UDIT ORS' opinion, require them to make a much more detail ed examlnA on than they had originally antldpated In order to aatls!y thcms vc u to the reuonableness al the representations made In the flnanclal atatements and theref ore Jncreue the o>st of this audit over and above the amoo.,,t Hated In thu Agreement, then the _.,_ t -... ',-· -- • ) I • • .('f .. ' . . ~ .c..,! .., •. -;, ... , \ :~ .. i • • • • ( , ~ '· .H Is not contemplated that the TNDEP~ENT AUDITORS shal l make a detailed examination of al l transactions or that the e.aminatl on s shal l necessarily ' dilCOver fraud, st-ould any e xist, The INDEPENDENT AUDITORS shal l, howeve r , lnfom, the CITY of any fin dings that appear to be unusual or abnormal . Audits of arant1 by the Departmen t of Hous ing and Urban Development (HUD) "'hich require 1ubotantlal extension s of audit procedures and specialized report presentations are not Included In the provilions of this contract, aJ t hough the IN DEPENDENT AUDITORS wi ll conduct such examinations 11 required by HUD and requested by tt. CITY, Housi ng Authority, or appropriate governing body, •• The e xam ination by the INDEPENDE.NT AUDITORS 1hal l not Include the preparation af the following for any and all fund11 ,. a) Combined balan ce sheet . b) Combined statement of general gove rnmental revenue. c) Combined statem ent of general governmental expendltures and encumbrances. d) Combin ed schedule of long-term debt , e) Combined schedule of inv estments by funds . f) Balance aheeu. g) Analyses of changes In fund balances or retained earning,. h) Stat emen t of revenue , expenditures and budget comparisons. i) Statements of revenue and e xpense. J) Statements of changes in financi al pos iti on. k) Supplem entary 1chedules of statistica l data. 1) Suppor ting 1chedules for financial statements. m) Explanatory no tes to the financial statements. n) Schedule of expenditure clearing accounts prescribed by the Uniform Classlf1cat1on of Accounts as required by the Stat e Auditor. ..,.,.- The CITY shall be responsibl e for the typing and reproduction of the desired number of copies af the Financial Report, -~· -2- ... ~, ,-. • I • • r:::lJJ\ );! j '" ~. I• • ~ • :,/ -i ,, .-• : ... ·~ ·~ .. , • • I ,. I ,"'-.' ' ' • • - AGREEMEN T BETW EEN THE CITY OF ENGLE WOOD, COL ORADO AND SHEPHERD AND COMPAN Y, INC., ITS INDEPENDENT AUDITOR THIS AGREEM ENT, made and enter ed into by and between the Ci ty of Englewood, Colorado, a muilcipaJ corporation, here ,naf ter called the CITY , and Shepherd and Company, Inc., he reinafter call ed I DEPE DENT AUDITORS, IW! tneueth that, I. Por and In considerati on of the mutual covenants herein contalr>- ed, the INDEPENDENT AUDITOR S agree t ha t they will make an euminatlon of the balance sheets , revenue, expenditures and budge t compartson statements and related income, fU'ld balan ce and reta.med earrungs statements, and statement& af chanpa in financial position of the luids ol the CI TY , lndudlng the F iremen's Ponalon Fuidl, Pollca Pension Fuids, and Employees' Pension Ft.nd !or the calendar )'ll&r .ndina December 31, 1977 . Audit costs fo r the above mentioned pension fu,ds m .. 1 be subm itted individually for each ft.nd, and separate from the cost of the audit d all other CITY fu,ds. Ft.nds of the CITY also lndude the Housing Authority and the Bl-City Joi nt Venture. The INDEPENDENT AUDITORS 1hall allO Include in the ir exam ination the re view of one month's transactions ol the Library or required by the 1977 agreement with the Arapahoe Regional Library District. 2, It Is agreed that the CITY will pay the INDEPEND ENT AUDIT ORS u the audit work progre55es . A 10 pe rcent re t a1nage shall be deducted from each Invoice subm itted; the bal ance will be paid when t he a udit ls completed. Payments rela'tlna to this Agreement wi ll not begin uittl after January I, 1978 . 3. It Is agreed that the examination will be made In accordance with general ly accepted auditing standards and will include such tests of the accounting records and such other aud iting proc edures as the INDE PENDENT AUDITORS con1lder ne cessary in the circumstance s for the pur poae of upreulng an opinion on the aforemenllonec:l llnanclal statements. Insofar as considered appli cabl e by the INDEPENDENT AUDIT ORS , the auditing proced ures will foll ow those prescri bed in Aud lu of State and Local Gover nm enta l Units , a publ ication of the Ameri can lnslltute of Certi fi ed Public Accountants, Copyri ght 197~, Chapter , • ) I • • • • • - INTRODUCE D AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE No.~}, SERIES OF 1977 AN ORDI NANCE APPROVING A RIGHT-OF-WAY AGREEMENT BETWEEN MELVI N J. DENNING AND VERLA N. DENNING ANO THE CONTINENTAL NATIO NAL BANK (GRANTORS) ANO THE CITY OF ENGLEWOOD; AUTHOR- IZING THE EXECUTION ANO DELIVERY OF CERTAIN REAL PROPERTY AS DESCRIBED HEREIN; AND AUTHORIZING ANO DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT ANO CONVEYANCE; AND DIRECTING THE DIRECTOR OF FINANCE TO ATTEST THE SAME, WHEREAS the previous owners of that realty hereinafter described as heretofore conveyed to the City title to the same; and WHEREAS a review of the transaction indicates that i t was the mutual intent of the parties to grant to the City rights in the said realty sufficient to enable the City to cause to have constructed, erected and maintained a certain ditch, conduit and related facilities and not absolute fee title therein; and WHEREAS the Ci ty Council has found and deter- mined that it i s unnecessary for any municipal purpose for the City to hold fee s i mple title to the realty so long as the City i s assured that it s hall have a p erpetual easement and right-of-way in, to and over the said described property and that the said relocation of the City ditch with i n said perpetual easement and right of way shall be accomplished at sole cost and expense of the Grantees herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENG LEWOOD, COLO RADO, AS FOLLOWS: Section 1, The Mayor and Director of Finance of the City, as the ex o ff icio City Clerk, are hereby authorized and directed to execute, and to del i ver to Melvin J. Denning and Verla N. Denning, a quit-cl a im deed, conveying all of the City's right, title and interest, except for those rights ari s ing out of that certain agreement bear i ng even date with the date of such deed , in and to the following described realty situate i n Arapahoe County, Colorado: A strip of land 20 feet in width situate d in Lots 1 through 4, Block 4, Hamilton and Killie 's Broadway Heights, being also part of t he NE 1/4 of the said NW 1/4 of Section 3, Township 5 South, Range 68 West of the 6th P.M., said strip being 10 feet on each side of the foll ow ing described centerline: Beginning at • ) I • • • Section 2. • • • the point of intersection of the centerline of the existing City Ditch and the North line of West Kenyon Avenue whence the Southwest corner of the NE 1/4 of the NW 1/4 of said Section 3 bears South 79°11'40" West, a distance of 173.4 feet more or less, thence North 26°06 East, a distance of 11.1 feet: thence North 89°50'30" East 108.l feet: thence North 105.9 feet: thence North 36°20' East 16.9 feet, more or less to the point of terminus, said point being on the West line of South Cherokee Street. The Mayor and director of Finance are hereby authorized and directed to execute, and accept on behalf of the City, that certain agreement a copy of which is attached hereto and incorporated herein, consisting of three (3) typewritten pages. Section 3. All ordinances, resolutions, motions and other legislative acts of any nature, inconsistent with the terms of this ordinance are hereby repealed. Section 4. The effective date of this ordinance shall not commence prior to execution of the Agreement by all parties. Introduced, read in full and passed on first reading on the 15th day of August, 1977. ~+ Published as a Bill for an Ordinance on the 11th day of Au gust, 1977. 19th day of 1977, Read by title and passed on final reading on the of~. 1977. L.~,, L,., Published by title as Ordinance No. , Series on the 21st day of ~~gttst, 1977. ,t ... ::; • "' Mayor • I • • - • • \ • • • • ATTEST: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1977, ex officio City Clerk-Treasurer -2- I • • '! i . j • • • 4 -~-----------.··-______ .:;;;;.:a;:.:: THIS AGREEMENT i s made by and between Melvin J . Denning, Verla N, Denning and t he Continental National Bank (he rein "Granton ") and the City of Englewood ("City") Lh ia ___ day of ·--------· 1977 . l. ~remlse1 1.1 GranLore are , col le Ltively, lhe o wn er • of that real ty l ocated ln Lhe C'lty of E.•1 g l .,w oo u, County o f 1'rapahoe, State of Co l o1 ado , hereinaf t~t de~c r i bed . l.J. Grau l ors Oeeire t.u 1elocate an d r e const ruct that ditc h, kn""'" as "C i ty IJlt c h " owned by Lh e Cit\•, which pre aen tly traverse• o the r r eal ty ownell b y thein onto the redity below de a- "ribed. l. J 1·11~ City Is willing t o have auch dit ch Lh ua relocated and reconatru c tea, }Jroviding 1..1 1antore 9ive lo the City, it• su ccessors and a ss i~n s, a r ght of \\'ay 111nd easemen t o ver t he bel o w describeil realty eu(flci,;nt eo as t o allow il to operate, ma int ai n, te~air o r 1~~1la c e said dilLll as reloca t ed by the Grantor 1 . lI . Grant of ~i9.b.t_2l_~and ca sement 2.1 In consi dera tion of the pre miaea, Granters, for t hemse lves, thair heirs , aseians a nd suci.:P.1aors, do here by by t he se pr e eenLR g ran t , b ~r~ain. sell ond con vey to the City , ite succ e s~ors Rnc1 aseig11s , an e ?s•nu=~nt and µerpetual right of way ovet", t hro ugh and d ,..1 nsR •he f'0 l lf'wJ ng reJ11lty, a itua t e in th e City o f Enql ewC'o d, ~a unty o f ,'\t"apah u e, s, 3 t e of Co l o r ado , dee- c r l bPd es f u ltows, to wit: A Ptr !p o f J a~d 20 f@ e t ln widt h s ituated in Ln 1 e I. t hr<>ugh 4 , Bl ock 4 , H~mil ton a nd l(il lie• e Aina•h"'i' ll e l q ht•, b eing alsu µart of th,!' NE l /4 • 1. l . ··:· l . ·J . •' I ·, I • • - ( • • • - ---------.J of the &a1d NW 1/4 of Section 3, Township 5 Sou th, Range 68 West of the 6th P.M., sa i d atrip be i n g 1 0 feet on eac h aide of the fol l ow i ng de a c r1be d centerl i ne: Beg i nn ing at the point of intersection of the centerline of the exiating Ci ty 01tch and the North line of weat ienyon Avenue when c e the Southwest co r ner of the NE 1 /4 of the NW 1/4 of aa i d Section 3 beara South 79'11'4 0" west, a dist ance of 173.4 feet mo re or les 1 , thence No rth 26·06' East, a diatance of 11 ,l feet, thence North 89°50 '30 " Eaat 108 .1 feet, t hence North 105.9 feet; thence North 36°20 ' East 16.9 feet , more or le•• to the point of terminus, said point being on the Neat l ine of South Ch erokee Street. which auch right of way and pe r petual easement ahall be for the pu rpose o f construct1ng, erec t ing, o perating, uaing, ~aintaining, repa i ring and r enew1ng t h e aa id City Ditch, and related f acilitie•, to carry water through a nd across said realty , to have and to hold the above described right ot way and easement for the uae above mentioned unto the City, its successors and aaaigna forever, 2 ,2 Tho parties hereto do hereby r oac i nd that certain "R1ght-of-Way Agreement" between t he City and i:.yn-n co l nvea tment Company, recorded in Book 2132 at Page 51 3 of the public record• of the County of Arapahoe , it be ing the i ntent of t he partiaa hereto that thie instrument shal l supe rsede all of the proviaiona of that prev1ous "Right-of-Way Agreemen t .• 2.3 It s hal l be the duty ot the Grantora, their agenta , assign s or con t r a cto rs to r olo c atb Lh e ditch described herein t o the r u .. l ty d aa c ri be d ln Se cti o n 2 . l. The Cr antoro 1hall bc,ar all c osts o f whate ver nature in mak i ng the relo cation. The Gra nter s , t hetr ag en ts, c ontractors or as sign• ahall engineer, de a ~g n a nd purfo rm t he rel o c at ion in c onformance with all engineer- 1n~ de oign and c ons t ru c t ion s peci f ications as ordered by the City, 1ta engineers o r agents. The Gr an ters , their agent•, contractors or assi gn s a nd the City, i t s engine e rs or agents shall mutually ag r e e to c ooµe r ate, i n Lh ~ ux ec ution ~f e ngine er ing, designing and pe r f o rma nce of the re l ocat i on , but in any and all event• the decision o t the City En g ine e r shall be final with r eference to any q uestion c onc erning engi neering, deaign or con1truction. -2 - • I t· I I· I '· j'. ,, ' I'-. ': .~ . ~::. .. > ,•. '· ~I , I • • ----------· .. "'I / -· .... • • • • .. l.4 The Granters, their heir•, a11ign1 or devi1ee1 1hall indemnity end ,ave harmleas the Ci ty and it1 agents ageinet any and al l claims, damage,, actions or cau1e1 of action and ex- pense, t o wh i ch it or they may be subjected by reason ot the c onatruc t ion, replacement , maintenance, repair or operation of 1eid relocate d city d i tch. ATTEST : STATE OF COLORADO ) )n. COUNTY OF ARAPAH OE) Melvin J, Denning Verla N. Denning Continental National Bank The foregoing Right Of Way Agreement wa1 acknowledged before me by Melvin J. De nn ing and Verla N. Denning this-~ day ot , 1977. Notary Public Hy comm i ssion expires: -3- •. , .... : .~~ ' ,' ·-~ I • • I n ·I n • , • • • - INT RODU CED AS A BILL BY COUNCILMAN WILLIAMS 5 B BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1977 AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 16, CHAPTER 3, TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE, 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 FROM RESIDENTIAL TO COMMERCIAL OR INDUS- TRIAL USE, WHEREAS, the Englewood Water Board meeting in Special Session of March 29, 1977, recommended to the City Council a method whereby gradual metering would take place over a per i od of time upon the sale or transfer of all existing unmetered accounts; and WHEREAS, the City Council, having considered var i ous proposals for capital improvements and the cost the~eof to provide additional water treatment, finds that a gradual change over to metered service of all unmetered accounts would be in the best interest of the residents and citizens of the City of Englewood, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Subsection (a), Section 16, Chapter 3, Title XV of the 1969 Englewood Municipal Code is hereby amended 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 WATER METERS WITHIN THIRTY (30) DAYS AFTER THE SALE, TRANSFER, OR CHANGE FROM RESIDENTIAL TO COMMERCIAL OR INDUSTRIAL USES OF SAID PROPERTY RE- CEIVING WATER SERVICE THROUGH CONNECTION TO THE CITY WA TE R SUPPLY. WHENEVER A METER IS TO BE INSTALLED, IT SHALL BE SUPP LIED BY THE WATE R DIV ISION AT THE OWNER'S COST. The rates for metered service ·shall be fixed by Resolution of the City Council: provided, howe ver , that one bill for al l water used, consis t i ng of the sum of minimum charges for each meter used and a single quantitative charge for all wate r • I • • ----~--- • • • - used, may be issued in the following ca ses: (1) Where water service is taken through a combination of meters, or through on two (2) or more service pipes, if water serviced through each of such meters and service pipes shall be delivered and used on the same property holding in the pro- secution of one (1) general prupose, or a single enterprise on an integrated hold- ing of land, undivided by publ i c streets, roads or alleys. (2) For all public schools, even though the meters may be situated in separate properties. Introduced, read in full and passed on first read- ing on the 1st day of August, 1977. Published as a Bill for an Ordinance on the 3rd day of August, 1977, Read by title and passed on final reading on the 19th day of September, 1977. Published by title as Ordinance No. 21, Series of 1977, on the 2lat day of September, 1977, Mayor ATTEST: e x officio City Cle rk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ord i nance, passed on f in al reading and published by title as Ordinance No. , Series of 1977. ex officio City Clerk-Treasurer • I • • - • , • • • - INTROD UC ED AS A BILL BY COUNCILMAN~~~~~~~~~~~~~~- A BILL FOR AN ORDINANCE APPROVING AN AMENDED AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE ENGLEWOOD HOUSING AUTHORITY RELATING TO THE HOUSING REHABILITATION LOAN PROGRAM POLICIES AND PROCEDURES. BE IT ORDAINED BY THE CITY COUNCIL, CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the Ci ty of Englewood shall enter into an Amended Agreement and Pol i cy Statement with the Englewood Housing Authority, according to the provisions of that certain written Amended Agreement establishing criteria, priorities, limits, rates, review method of supervision modifying the terms of an Agreement entered into on the 19th day of July, 1976. The Amended Agreement II, is attached hereto, consisting of eight (8) typewritten pages and is hereby incorporated by reference herein . Sa i d i nstrument provides as follows: 1. That the Housing Authority or the City shall be responsible for the execution of the Housing Rehabilitation Program. 2. Application and approval procedure for obtaining a loan. 3. Establish policies and priorit i es based on the use and purpose of the loan eligibility, income, neighborhood, loan limits, liens, credit f actors, loans on rental property, and repayment. 4. Requiring supervision of any improvement. 5. Establishing repayment provisions. Section 2. The City Council of the City of Englewood, Colorado hereby authorizes the Mayo r of the City of Englewood, Colorado, to subscribe his name to said Amended agreement on and in · behalf of the City Council and the City of Englewood, Colorado, and the Director of Finance, ex officio City Clerk-Treasurer attest the same . • I • • ----~---- • , • • • • • • Introduced, read i n full and passed on first reading on the 19th day of September, 1977. Published as a Bi ll for an Ordinance on the 21st day of September, 1977. Mayor ATTEST: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ord i nance, introduced, read in full, and passed on first reading on the 19th day of September, 1977. ex officio City Clerk-Treasurer -2- I • • In n - -------,,--- • , ( ( • • • • RESOLUTION NO. SERIES OF 1977 A RESOLUTION AMENDING THE 1977 GENERAL FUND BUIX,ET WHEREAS, the Cith Council of the City of Englewood has approved a 1977 General Fund Budget; and WHEREAS, the City Council is desirous of performing an operational audit as a means of determining the benefits and service levels of programs conducted by the City; and WHEREAS, the Fire D~partment is experiencing overtime beyond the original budget amount due to a number of on-job injuries, sick leave, fire investigations, etc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, as follows: Section 1. The following estimated revenues and appropriations are hereby approved in the General Fund. Source of Funds Fund Balance $15,000 Appropriations Fire $10,000 City Council 5,000 Total $15,000 Section 2. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1977 Budget of the City of Englewood . ADOPTED AND APPROVED this 19th day of September, 1977. Mayor • I • • • \ • • • --~------··· ... •·- • l • -2- ATTEST : ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk- Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. ___ , Series of 1977. ex officio City Clerk-Treasurer • , I • • In M ' • ( I • • • • RESOLUTION NO. 40 SERIES OF' 1977 A RESOLUTION AMENDING THE 1977 GENERAL FUND BUIX,ET WHEREAS, the Cith Council of the City of Englewood has approved a 1977 General Fund Budget; and WHEREAS, the City Council is desirous of performing an operational audit as a means of determining the benefits and service levels of programs conducted by the City; and WHEREAS, the Fire Department is experiencing overtime beyond the original budget amount due to a number of on-job injuries, sick leave, fire investigations, etc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, as follows: Section 1 . The following estimated revenues and appropriations are hereby approved in the General Fund. Source of Funds Fund Balance ~19,000 Appropriations Fire 14,000 City Council 5,000 Total $19,000 Section 2. The City Manager and Director of Finance are hereby authorized to make the above changes to the 1977 Budget of the City of Englewood. AIX>PTED AND APPROVED this 19th day of September, 1977. Mayor • I • • n ,..,.. n - • • ; • • • • -2- ATTES T: ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk- Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No .~, Series of 1977. ex officio City Clerk-Treasurer • , I • • Jn n ( • • • • • RESOLUTION NO. , SERIES OF 1977 A RESOLUTION AMENDING THE 1977 GENERAL FUND BUIXiET WHEREAS, the Cith Council of the City of 'Englewood has approved a 1977 General Fund Budget; and WHEREAS, the City Council is desirous of performing an operational audit as a means of determining the benefits and service levels of programs conducted by the City; and WHEREAS, the Fire Di!partment is experiencing overtime beyond the original budget amount due to a number of on-job injuries, sick leave, fire investigations, etc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, as follows: Section 1. The following estimated revenues and appropriations are hereby approved in the General Fund. Source of Funds Fund Balance Appropriations Fire City Council Total Section 2. $15,000 $10,000 s,ooo $15,000 The City Manager and Director of Finance are hereby authorized to make the above changes to the 1977 Budget of the City of Englewood. ADOPTED AND APPROVED this 19th day of September, 1977. Mayor • I • • - • • • • • • -2- ATTEST : ex officio City Clerk-Treasurer I, William D. James, ex officio City Clerk- Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No·~-~• Series of 1977. ex officio City Clerk-Treasurer • I • • • • • • • • ~. And y Mc'.:m,T., CHy Manager September 13, 1977 PROM, Kell s w ggone r SUIJfCTr CH2M Hi ll Water Report hS you wi ll rdcall, there was a question raised by Council as to sc;;me o f the information in t he subject report relating to the mani- fold p !pe line in the Chatfield Dam. Attached is a copy of my letter t Mr. Bic,lman of CH2M Hill and a copy of the reply from Ron Blatchley, who p u t t ogether the Comprehensive Water Rights Study. As I re1td the reply, it appe ars that. Mr. Blatchley is saying that the Repo rts refe r t o allocate d c ~pacities a nd not t o actual capacities in the m!i !fo ld. 1i5.1::.70.-- l)ir"::!.OI' o f P:.b ic Work s KW/lo .:\t tir c hs . : 2 • I • • J\uguat 5, 1977 Mr. Jtenneth a. Bielman, P.a. Manager, Jloc:lty MDwitain bgion&l. ortice 0!2M Rill 12000 r:ut ,1th Aven1M1 Denver, Colorado eo:nt • • - In January or 1976, you trana11itted · to ue a report entitled •Oo11prcen11iw Inwetigation of Municipal Water Syatema•, In that report, an4 epecifically: on pa9e 5-2, you rerer to a 111Mitol4 and pipe Un• u it relate• to the City Ditch and Chatfield Dam. Thia epecitio portion of the report hu been questioned, and r aa including a copy of th• document Which la, •••ent!.allr, in dbagre•-nt vith the etatement.a IIIAde.1 in the report. Would you please review thi• portion or the report and tr~llit to .. ADY co-nt.a thet you aight have . Sinc erely, Jtella Wagg o ner, P.S. P1r e c tor ct Pub lic Work• l<W/lo c, Mr . Jlon ol a tchley, 8lat c hle v , Aeaoc. Conaultlng Water Engineer• 1601 South Fe eral Roul e v ,u·d , Den ver, Co lorado 80219 Encl ~ndy Mccown, r;~ t y Manag er Ro n -I W:)., l d 11 lee Lo hav yo r comm ent.s t o o , p lease . KW • I • • • Mr. Kells Waggoner :l ty of Englewood 3400 So. Eletl Street Englewood, Colorado 80110 Oear Ke ! Is: • • - September 9, 1977 I em responding to your letter to Ken Blelmen of CH2M HIii dated August 5, 1977, The specific l~s ue addressed In thlt letter concerns the manifold pipeline In the Chatfield Dam and how It relates to the Cltv o f Englewood and their Cltv Di tch. The cO!fments In the main report on page 5-2 and also conwnentt In Comprehensive Water Rights Study on page IV-7 relate to the various allocations of capacity of the manifold through Chatfield Dam, The apparent question In the Conwnents which were transmitted to us appear to relate to the capacity of this manifold, In the review of our records, I do not find anv Information as to the actual capacity of the manlfol~ as defined bv the Corps of Engineers. In review of our statements, I believe It Is clear that we ere talking about allocation of capacity t o the various agencies and not to the actual capacity of the manifo l d Itself, For example, the maJorltv of the capacity of the manifold Is allocated to releases to the South Platte River and not to the ditches. I must admit that I am speculating somewhat when I make the statement that In the design of the rnanlfold the Corps of Engineers took Into account what was the legal requirement to provide for diversion c apacity, for the various ditches and this did not Include what mav be the f utu re requirements for diversion by the entitles owning those ditches. Our approach was to determine how these manifold capacltv allocations could be r eo l strlbuted so that the City of Englewood could obtain the right to jlve rt •he c apacity of their f utu re wate r requirements and not as to whether rt-,e er,tlre. manifold Itself had th at capacity. We would undoubtedly have ro a pr-roa ch the Co rps of Engineers for r~al l ocatlon of these capacities 'r om the lle vada an d Last Chance l'lt r,e s to the City Ditch to obtain the ca pa c l:y neeG d. Den ver should ~e ,a ~l r,g their water rights elsewhere and wo u ld r el eas e th is alloca ted ca pac ity for use by ths City of Englewood. I n?~· ~tudle ~. c ontacts wer e mad e with the Corps of Engineers to Met e rm!ne the varl0 us di scharge c a pacl t l~s o f t his outlet works manifold. f ne y w0ul d no· rele ase any de s !gr, dra1 ,!n q~ or statement but would only r e Fe r :o the &eas lc l l lty r ep ort ~h fch they, ~nd I th ink Englewood, had ··r-f I l e. '. .. ~.~c htey 0//0date, / CONSLJLTING WATER ENGINEERS, INC. ''lll\ iOlf :~ H 'lc RAL fJ ()Ut f V.!1" Of NvHl. COL ORA DO II021t • (303 ) 938-1448 • I • • . In • \ • • • • MEMORANDUM TO: FROM: DATE: Mayor and Members of City Council Andy Mccown, City Manager September 15, 1977 Q 8 8 (b) (i) - SUBJECT: CLARIFICATION OF APPOINTMENTS TO WATER AND SEWER BOARD Last week at your Special Council meeting you appointed Mrs. Meredith W. Feamster and Mr. Rudy Witthus to fill vacancies on the Water and Sewer Board. However, at that time you did not specify which one of the vacancies each a_wointee was to fill. Since one of the vacancies normal term expires February 1, 1978, and the other not until February 1, 1982, it will make a great deal of difference in terms of length of service as to which apPointee fills which vacancy. Perhaps this should be clarified Monday night. City Manager ph cc: Be rnard V. Berardini, City Attorney Jimmy E. Curnes, Assistant City Manager Kells Wa ggoner, ex-officio member Water and Se wer Board • I • • In ,-, - • • \ • • • • Pag e 2 r ,,te ,,.1--,~r ~, 19 77 I t wo u l d seem advi sable that, as the City of Englewood gets closer to th e poi nt of making an al t ernate point of diversion for al I their rights at th e ~ha t fl eld Re~ervolr, t he precise design a nd as-built construction data be obtained from the Corps of Engineers to verify that the capacities are act ually avail a ble. Once again I would say that the capacity Is available In the e ntire manifol d syst e m to discharge In excess of that which we have ,nd l c atc d I n o u r re por t , As I recall, there Is a 2000-foot pipe that leads t o the City Oltch so this must be taken Into account In any allocation cf man i fo l d c apacity . As to whether the outlet works Into the City Ditch i s c apable of d is chargi ng the ful l amount that the City may need In the fut '.l re wo ul d ha11 t1 t o be determined by actual Investigation Into the as-~ul l t ca pac i t i es . In c o nc lus i on, It would appear t hat the reports submitted to the City of En g l ewo o rl wo uld not be In conf li ct with the Comments which were transmitted t o u s by y o 1J . The re Is t he l l kc llhood of a su bstantial agreement between ~hat Is I ndi c a t e d t he re and what we have pre s ented. If you feel that there I s a 5ubs !a n :l al d 's ag reement ~I th the data a 5 p r e s ented by the unknown "l r l ter, ! 1...a u l d be happy t o d l sc un It further when convenient. Sincerely yours, P res ide nt cc : ~e n Ble lm e n • I • • In - '. • • - .- INTRODUCED AS A BILL BY COUNCILMAN ~~-'--:7'Y'_·~-~~~'~~-+~--+~ A BILL FOR AN ORDINANCE APPROVING A RIGHT-OF-WAY AGREEMENT BETWEEN MELVIN J. DENNING AND VERLA N. DENNING AND CONTINENTAL NATIONAL BANK (GRANTORS) AND THE CITY ENGLEWOOD; AUTHORIZING THE EXECUTION AND DELIVERY CERTAIN REAL PROPERTY AS DESCRIBED HEREIN; AND AUTHO: /' !ZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMEN ?', ~~ AND CONVEYANCE; AND DIRECTING THE DIRECTOR OF FINANCE J,o TO ATTEST THE SAME. ~ WHEREAS the previous owners of that realty ~-?,· ri'-t\ hereinafter described as heretofore conveyed to the ,v~ U City title to the same; and ~·1 WHEREAS a review of the transaction indicat s It ,,\t\ / that it was the mutual intent of the parties to gran to the City rights in the said realty sufficient to enable the City to cause to have constructed, erected and maintained a certain ditch, conduit and related facilities and not absolute fee title therein; and WHEREAS the City Council has found and deter- mined that it is unnecessary for any municipal purpose for the City to hold fee simple title to the realty so long as the City is assured that it shall have a perpetual easement and right-of-way in, to and over the said described property and that the said reloca- tion of the City ditch within said perpetual easement and right of way shall be accomplished at sole cost ·and expense of the Grantees herein. NOW, therefore, Be it Ordained by the City County of the City of Englewood, Colorado, as follows: Section I. The Mayor and Director of Finance of the City, as the ex officmo City Clerk , are hereby authorized and directed to execute, and to deliver to Melvin J. Denning and Verla N. Denning, a quit-claim deed, conveying all of the City's right, title and interest, except for those rights arising out of that certain agreement bearing even date with the date of such deed, in and to the following described realty: ---~ ~.=:==================---= ............................... __ ~------... .... • • I • • n ....... • • • • • - A strip of land 20 feet in width situated in tots 1 through 4, Block 4, Hamilton and Killie's Broadway Heights, being also part of 'the NE 1/4 of the said NW 1/4 of Section 3, Township 5 South, Range 68 West of the 6th P.M., said strip being 10 feet on each side of the follow- ing described centerline: Beginning at the point of intersection of the centerline of the existing City Ditch and the North line of West Kenyon Avenue whence the Southwest corner of the NE 1/4 of the NW 1/4 of said Section 3 bears South 79011'40" West, a dist- ance of 173.4 feet more or less; thence East 26006', a distance of 11.l feet; thence North 89050'30" East 108.l feet; thence North 105.9 feet; thence North 36°20' East 16.9 feet, more or less to the point of terminus, said point being on the West line of South Cherokee Street. Section 2. The Mayor and Director of Finance are hereby authorized and directed to execute, and accept on behalf of the City, that certain agreement a copy of which is attached hereto and incorporated herein. Section 3. All ordinances, resolutions, motions and other legislative acts of any nature, inconsistent with the terms of this ordinance are hereby repealed. Introduced, read in full and passed on first reading on the 15th day of August, 1977. Published as a Bill for an Ordinance on the 17tfi d.3J---C~St, 1977. Mayor ATTEST: ex officio City Clerk-Treasurer I, William D. James, do hereby certify that the -2- • I • • • • • above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first readfng on the 15th day of August, 1977. ex officio City Clerk-Treasurer -3- • I • • C, • RIGHT OF WAY AGREEMENT This Agre eme nt is made by and between Melvin J . Denning , Verla N. Denning and the Continental National Bank (herein "Granters") and the City of Englewood ("City") this __ day of Augus t, 1977. I . Premises 1 .1 Granters are, collectively, the owners of that realty locate d in the City of Englewood, County of Arapahoe, State of Colorado, hereinafter described. 1 .2 Granters desire to relocate and reconstruct that ditch, known as "City Ditch" owned by the City, which presently traverses other realty owned by them onto the realty below described . 1. 3 The City is willing to have such ditch thus relocated and reconstructed , providing Granters give to the City, its successors and assigns, a right of way and easement over the below described realty sufficient so as to allow it to cause to have said ditch relocated, reconstructed and maintained upon the same. II. Grant of Right of Way and Easement 2.1 In consideration of the premises, Granters, for them- selves, their heirs, assigns and successors, do hereby by these presents grant, bargain, sell and convey to the City, its successors and assigns, an easement and perpetual right of way over, through and across the following realty, situate in the City of Englewood, County of Arapahoe, State of Colorado, described as follows, to wit : A strip of land 20 feet in width situated in Lots 1 through 4, Block 4, Hamilton and Killie's Broadway Heights, being also part of the NE 1/4 of the said NW 1/4 of Section 3 , Township 5 South, Range 68 West of the 6th P.M., said strip being 10 feet on each side of the following described centerline: Be- ginning at the point of intersection of the center- line of the e x isting City Ditch and the North line • I • • • • of West Kenyon Avenue whence the Southwest corner of th5 NE 1/4 of the NW 1/4 of said Section 3 bears South 79 11'40" West, a distance of 173.4 feet more or less; thence North 26~06' East, a distance of 11.1 feet; thence North 89 50'30" East0 108.l feet; thence North 105.9 feet; t hence North 36 20' East 16.9 feet, more or less to the po i nt of terminus, said point being on the West line of South Cherokee Street . which such right of way and perpetual easement shall be for the sole purpose of constructing , erecting, operating, using , main- taining, repairing and renewing the said City Ditch, and related facilities, to carry water through and across said realty, to have and to hold the above described right of way and easement for the use above mentioned unto the City, its successors and assigns forever. 2.2 The parties hereto do hereby rescind that certain "Right- of-Way Agreement" between the City and Lynnco Investment Company, recorded in Book 2132 at Page 513 of the public records of the County of Arapahoe, it being the intent of the parties hereto that this instrument shall supersede all of the provisions of that previous "Right-of-Way Agreement." ATTEST: STATE OF COLORADO COUNTY OF ARAPAHOE ) ) ss. ) Melvin J. Denning Verla N. Denning Continental National Bank By _______________ _ The foregoingwas acknowledged before me by Melvin J . Denning -2- • I • • • and Verla N. Denning this ~ day of ~~~~~~· 1977 . Nota r y Public My commission expies : STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) The foregoing was acknolwedged before me by . as of Continental National Bank, and . as thereof, this day of . 1977 . Notary Public My commission expires : I ;, I • • -3- • • - • •/' •, • - INTRODUCED AS A BILL BY CO UN CILMAN ~~-'-~-~-·~·-uc:fl-J_·~~~~~~- A BILL FOR AN ORDINANCE APPROVING A RIGHT-OF~WAY AGREEMENT BETWEEN MELVIN J. DENNING AND VERLA N. DENNING AND THE CONTINENTAL NATIONAL BANK (GRANTORS) AND THE CITY OF ENGLEWOOD1 AUTHORIZING THE EXECUTION AND DELIVERY OF . CERTAIN REAL PROPERTY AS DESCRIBED HEREIN1 AND AUTHOR- IZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT AND CONVEYANCE; AND DIRECTING THE DIRECTOR Of FINANCE TO ATTEST THE SAME. WHEREAS the previous owners of that realty hereinafter described as heretofore conveyed to the City title to· the same; and WHEREAS a review of the transaction indicates that it was the mutual intent of the parties to grant to the City rights in the said realty sufficient to enable the City to cause to have constructed, erected and maintained a certain ditch, conduit and related facilities and not absolute fee title therein1 and WHEREAS the City Council has found and deter- mined that it is unnecessary for any municipal purpose for the City to hold fee simple title to the realty so long as the City is assured that it shall have a perpetual easement and right-of-way in, to and over the said described property and that the said reloca- tion of the City ditch within said perpetual easement and right of way shall be accomplished at sole cost ·and expense of the Grantees herein. NOW, therefore, Be it Ordained by the City County of the City of Englewood, Colorado, as follows: Section I. The Mayor and Director of Finance of the City, as the ex officmo .City Clerk, are hereby authorized and directed to execute, and to deliver to Melvin J. Denning and Verla N. Denning, a quit-claim deed, conveying all of the City's right, title and interest, except for those rights arising out of that certain agreement bearing even date with the date of such deed, in and to the following described realty: I • • ....... • • • • • • J · A strip of land 20 feet in width situated in Lots 1 through 4, Block 4,·Hamilton and Killie's Broadway Heights, being also part of 'the NE 1/4 of the said NW 1/4 of Section 3, Township 5 South, Range 68 West of the 6th P.M., said strip being 10 feet on each side of the follow- i ng d e scribed centerline: Beginning at the point of intersection of the centerline of the existing City Ditch and the North line of West Kenyon Avenue whence the Southwest corner of the NE 1/4 of the NW 1/4 of said Section 3 bears South 79011'40" West, a dist- ance of 173.4 feet more or less; thence East 26006', a distance of 11.1 feet; thence North 99050'30" East 108.l feet; thence North 105.9 feet; thence North 36°20• East 16.9 feet, more or less to the point of terminus, said point being on the West line of South Cherokee Street. Section 2. The Mayor and Director of Finance are hereby authorized and directed to execute, and accept on behalf of the City, that certain agreement a copy of which is attached hereto and incorporated herein. Section 3. All ordinances, resolutions, motions and other legislative acts of any nature, inconsistent with the terms of this ordinance are hereby repealed. Introduced, read in full and passed on first reading on the 15th day of August, 1977. ~~~ed as a Bill for an Ordinance on the l~~ust, 1977. Mayor ATTEST: ex offici o City Clerk-Treasurer I, William D. James, do hereby certify that the -2- • I • • • • • • • .. ., above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15th day of August, 1977. ex officio City Clerk-Treasurer -3- I • • • • • • • • RIGHT · OF WAY AGREEMENT This Agreement is made by and between Melvin J. Denning, Verla N. Denning and the Continental National Bank (herein "Grantors") and the City of Englewood ("City") this __ day of August, 1977. I. · Premises 1.1 Grantors are, collectively, the owners of that realty located in the City of Englewood, County of Arapahoe, State of Colorado, hereinafter described. 1. 2 Grantors desire to relocate· and reconstruct that ditch, known as "City Ditch" owned by the City, which presently traverses other realty owned by them onto the realty below described. 1.3 The City is willing to have such ditch thus relocated and reconstructed, providing Grantors . give to the City·, its successors and assigns ·, a right of way and easement over the below described realty sufficient so as to allow it to cause to have said ditch relocated, reconstructed and maintained upon the same . • I • • • RIGHT OF WAY hGREEMENT This Agreement is made by and between Melvin J. Denning, Verla N. Denning and the Continental National Bank (herein "Grantors") and the City of Englewood ("City") this __ day of August, 1977. I. Premises 1.1 Grantors are, collectively, the owners of that realty located in the City of Englewood, CoW1ty of Arapahoe, State of Colorado, hereinafter described. 1.2 Grantors desire to relocate and reconstruct that ditch, known as "City Ditch" owned by the City, which presently traverses other realty owned by them onto the realty below described. 1.3 The City is willing to have such ditch thus relocated and reconstructed, providing Grantors give to the City, its successors and assigns, a right of way and easement over the below described realty sufficient so as to allow it to cause to have said ditch relocated, reconstructed and maintained upon the same. II. Grant of Right of Way and Easement 2.1 In consideration of the premises, Grantors, for them- selves, their heirs, assigns and successors, do hereby by these presents grant, bargain, sell and convey to the City, its successors and assigns, an easement and perpetual right of way over, through and across the following realty, situate in the City of Englewood, CoWlty of Arapahoe, State of Colorado, described as follows, to wit: A strip of land 20 feet in width situated in Lots 1 through 4, Block 4, Hamilton and Killie's Broadway Heights, being also part of the NE 1/4 of the said NW 1/4 of Section 3, Township 5 South, Range 68 West of the 6th P.M., said strip being 10 feet on each side of the following described centerline: Be- ginning at the point of intersection of the center- line of the existing City Ditch and the North line • I • • -... ( • • ·.' of West Kenyon Avenue whence the Southwest corner of th5 NE 1/4 of the NW 1/4 of said Section 3 bears South 79 11'40" West, a distance of 173.4 feet more or less; thence North 26~06' East, a distance of 11.1 feet; thence North 89 50'30" East0 108.1 feet; thence North 105.9 feet; thence North 36 20' East 16.9 feet, more or less to the point of terminus, said point being on the West line of South Cherokee Street. which such right of way and perpetual easement shall be for the sole purpose of constructing, erecting, operating, using, main- taining, repairing and renewing the said City Ditch, and related facilities, to carry water through and across said realty, to have and to hold the above described right of way and easement for the use above mentioned unto the City, its successors and assigns forever. 2.2 The parties hereto do hereby rescind that certain "Right- of-Way Agreement" between the City and Lynnco Investment Company, recorded in Book 2132 at Page 513 of the public records of the Cowity of Arapahoe, it being the intent of the parties hereto that this instrument shall supersede all of the provisions of that previous "Right-of-Way Agreement." ATTEST: STATE OF COLORADO COUNTY OF ARAPAHOE ) ) SB. ) Melvin J. Denning Verla N. Denning Continental National Bank The foregoingwas acknowledged before me by Melvin J. Denning -2- • I • • -- • • and Verla N. Denning this ___ day of My connnission expies: STATE OF COLORADO COUNTY OF ARAPAHOE ) ) ss. ) Notary Public The foregoing was acknolwedged before me by ------------of Continental National Bank, and------------as thereof, this---~ day of -------- My commission expires: Notary Public . -3- • 1977. I • •