Loading...
HomeMy WebLinkAbout1975-05-05 (Regular) Meeting Agenda Packet• 0 • CITY COUNCIL MEETING -Regular May 5, 1975 • 0 • ( • • 0 - INTRODUCED AS A BILL BY ~OUNCIL MEl'\BER l\ B LL FOR AN ORDINANCE AUTllOR17.ING THE ISSUANCE OF SP!X:IAL ASS!'.SSM .IT BONDS OF THE CITY OF ENGLEWOOD. COL,·AAllO, FOR PAVING DISTRICT NO. ~2. " •R -nE CONi=;TRUCTlO 'IND INSTALLA- TION OF "TPE'"!' PA'JlNG, CUR ANO GUTTER AND Sl!JEWALK IMPRnvEn;" s. IN SAID DISTRICT; PRESCJUlH'lG ~11r: F"?-'1 or THE BO OS : D PROV IO I .G FO't ':'HE PAY"'E'lT OF SAID BO OS AND THL INTEREST ~HFPEO • WH ERE: S, for thP purpose o construe in9 and install- ing street pav nq, curb and qu tPr and sidewalk improvements, toqe her with necessary inciden al• on c r•ai streets, Pav~nq Distric No . 22 in t e City o~ Englewood has been duly created by Ord in ance No. 7-1975 of said City, finally adopted and approved on March l" 1a75 nd WHEREAS, No e to contr;-tora to aublllit bids for the constructi on of the prov ~ nts in said District ha• been duly published and the bids tor the construe ion work vera opened o April 28, 'a7S: and WHEREAS, the Ci y Council has de ermined that the coat of the construction and tn• alla 1on of the street pav- ing, curb and gutter and ldewal\ 1 provementa, toaether with necessary incidental cos a, shall not exceed th• al!IOunt of $721,000, and that bonds of the City for said Diatric should be ia•u d 1n this T'Oun ; and in accordance with the City Charter and a A r l he City Cou~cil •• -' • • ( • I• • to call and prior pay~cnt on any i nterest paymen t date, i n dire ct numerical order. upon payment of oar an d accrued i n- erest. Notice of such pr ior rcde ption shall be published in a newspaper of 9enera l c 1 rcu la ion in Englewood, Colorado, o ne ime at lea s 30 day s pri or •o he da te o! redemption. In atldi•ion , a copy of suc h otice shall be mailed at the time of pub icat1on o the ori 9 innl purchaser of the Bonda. The Bon ds s h a ll bear interest as evidenced by •A• coupon s attached o sa id bondr, payable on June 1, 1976, a nd semi-annually th er ~efter on June 1 and December 1, each year, as follows : .,... Coupon ~ Bond NUl'lbers Interest Rate $296,000 l 0 296, i ncl. 110, 000 29 ~ 0 406 .>ncl. 80,000 4 0 ~ •o 486,incl. 65,000 48 7 .0 SS ncl. 5,000 552 to •l•,i ncl. 55 ,000 61 7 •o b 7l, incl. 50,000 672 to 721. i ncl. In add ition to the "A" in terest rate set forth above, bonds numbered to ~-· i nclusive, shall bear additional interest as evidenced by s upplemental coupon• designated "B", for the per .od !rOll l, 1975 to the date• indicated below, payable on the sa111e dates a• th "A" int.ere• coupons during aa d period of t .,., a• follow•• Bond NW!lbers l to 296, incl. 297 to 40 , 1ncl. 40 7 to 48 ,1ncl. 4 7 0 <,51, 1'1C • 0 •a• Coupon Interest !late • i••ue of bonda ah&ll rt . • • f - ((( • • Should any officer whose manual or facsimile signature appears e n said bonds or the coupons att ached thereto cease to be such officer before delivery of the bonds to t.~e purchaser, such manual or facsimile signature shall nevertheless be valid and sufficient f or all purposes. Section J. Form of Bond and Interest coupons. The bonds and the interes roupons to be a taehed thereto shall be i n substantially the following form: -., - ' .. • • , • t• • (Form of Bond ) UNITED STl\TES OF J\MERICA COUNTY OF J',RAPAKOE STATE OF CO LOP.1\00 110. CITY or ENGLFWOOD PAVING DISTRICT NO. 22 SPECIAL ASSESS~:E1',. BOND $1,000 The City o! En9lewood, in the county of Arapahoe, St.at• of Col orado, !or value received, hereby promises to pay to the bearer h reof . out of the special fund hereinafter des iqn atrd, but not otherwise, the pri~cipal sum of ONE TKOUSA..'ID DOLU.RS in lawful l'IOn•Y of the Un>ted Sta es of l'Jne r ica, on th• lat hereon as ev idenced by dey o1 June , 19 6, with inter•• interest coupons designated "A" at th• rat• of -----------------per cent11111 (_____...\) per annws free date until payme t, payable on June l, 1976 and semi- annua lly thereafter on June l and December l each year, and additional interest on bonds numbered to ~· inclUtlive, of thi• issue, a evidenced by interest coupon• designated ••• at U.e rate of ~-----------------------~ per cent l per ann for th• per od fro• ------ 1. lt7S to 1. 19 7_, inclusive, all such interest payable on th ..... date• as the "A" interest coupon• durint aaid per od of ti.Ille• both principa l and in t•~•t beint peyabl• at 1'be rirat llat1onal Bank, in Englewood• Colorado, upon pre- s ntation and euriender of e attached coupon• and th i• Bond or pa n in ••l'Y in• 91 Cett\ i u• °" city. and •n • • - r • 0 I • • roade a law of said City p rio r ~o the issuance hereof. Payment of t h is Bond and th• i nterest thereon shall be made from, and a s s~cur i ty for such payment ~here is pledged, a special fund designated as the "Pav i ng Di strict No. 22 Bond and Interest Fund", which Fund shall contai n initially any monies in the c onstructi on account rema1nin9 after the cost of improveme nts has been paid in full and thereafter to con tain the proceeds from special assess...,n ts to be levied against the property included wi thin the District and specially benefited by the construction and in• allation of improvenoent therein. The asaessments to be levied will constitute a lien on and against each lot or t ract of land in the respective amounts to be apportioned by a n o rd i nance of the City. The Charter of the Ci ty provide•: "Whenever a Public :x.provement Distri ct h•• paid and cancelled four-fifth• (4/5 ) of its bonds outs and ing, and for any reason the remaining a•••••- .. nta are not p aid in time to take up the final bond• of the district and interest thereon, then the City shall pay aai4 bond• when due and i nterest due thereon and reimburse itself by collecting the unpa i d assessment• due said district". Thi• Bond doe• not constitute • debt of th.a City of Englewood wi th i n t h • meaning of any constitutional, statutory or charter limitation or prov i sion, and shall not be conai.S.red or held to be a general o bligation of the City. It ia hereby further certif i ed and recited that all requirement• of l sw have been fully coaplied with by the proper officer• of the City in the iasuance of thia Bond, and that the total ..,unt of thi• iaaue doe• not exceed the coat and ••pen•• of said t.proveiaent• or any liaitation pre- •crihed by lav. !'or th e payaen t o f this Bond and the interest thereon the City pledges a ll i t • lawfu l corporate povera . WHJ:JIEO , The Ci y o f lt1'19levood h•• caused thh aond Mayor , at Di ra c • (!' llMlUl I I A I. 1 • •T r easurer, with a nd the h e • ail• 0 " .. ' • • - ( • 0 I• • (For111 of Intere•t Coupon•) 'tto . '---- June, On the l•t day of December, u_. unl••• th• llond to which this coupon i& a~tached has been called for prior redeoolpUon, the City of En9l.wood, in the County of Arepehoe end State of Colorado, will pay to bearer t.he aNOunt shOllll hereon in lawful money of the United State• of Al9erica, -l•ly out of the speci"l fund referred to in the Bond to wtlich this coupon is attached, at The First National aank, in &n9lewood, Colorado, bein9 interest than due on it• Special AaH!SS .. nt Bond for Pavin9 District Mo. 22, 4ated Jane l, 1975 , bearing llO. Director of Finance 2 - •. , • • - (( ( • • • • (Form of Interest Coupon s) o . s ___ _ June, On he 1st day of December, 19_, unleaa the Bond to which th1s coupon 15 a t tached has been called for prior red.,>nptio , the City of Englewood, in the County of Arapahoe and State of Colorado, wi l pay to bearer the amount ahovn hereon in lawfu noney of the United States of America, aolely out of the speci~l fund referred to i n the Bond to whi ch this coupon is attached, at The rira t Nat ional Bank, in Englewood, Colorado, bei~g interest then d u e on its Special 1.ssessmen Bond for Paving District No. 22, dated June l , 1975, bear1n9 No . (Facs i mile Signature) Director of r1nance , . •. • • , ( • I• - !it"ctic,,n ~-:1~s nns~tion_o_!_~'!_n_E. P~r-ds~ The J.J.:""O- <-~ds o{ said bond• st>a ll !>1.> applied only a p~y th,. costs u~d xf ns~~ of cons ru~ ing a~d ins ~lling irn~rovL~~nt in ~•id o~str1c and all other costs ~nd exp ~sc s incident l relo. ln the eVPPt th t all of the proce ds of !ai d bonds •r~ no~ r quired to pay sue~ costs ar.d expens~s, any rLr.~inin9 a~unt shall be pai d int.a he special assessment fund fo the pu1po&e of calling in and paying he principal of and int r •t on s3id ~onds. Neither the purchas1.>'s of said bonds ror any subse~uen h~lder of ~he s~:r.e shall be respon sible f or the application of he proceeds of said bunda by he City or any of its of ficera. All or any por ion of he ond pzo:e•cl• may be temporarily inv s ed, or reinv s .,d, p"ncling such use. in securit ies or obl1ga~ions hich ar lawful inve men a for such municipali i s 1n h S ate of Colorado. lt 1s her.,hy mporary inv s~m~nt por icn er.-of , such P"riod, covenant"d and a9r cl by he City that the or re inv stmc!nt. of t.he bond proc •d , or any &h•ll b« of such n•ture and ~~tent , and !or that lh• bond• of the City shall no i,.co "•rbitrage ~onds " wi h1n e aning of S"clion lOJ(d) of lhe lnternal and ~rtinen regulations, and such proc: .,ds , Jlev nu Cod 1! SO iD\i ted or r•inv•st.,cl, • all be au ject to h• 11 i ation• and re•tric 1ona of said Sc ion lOlld), as he same new exist a or all fu rt er be subject to any 1'un!· sol l local 1 n ln "rnal II v•nu Service. o. 22 lloncl and lnter"• be payable ed a• • f..nd, w c shall Pavi 9 Ola ric:t ·o. 22 Bond and contain 1ni 1ally any monies in aain1n9 alter the c:oat of improv e roe: ed• fro. special aa •••· th• preperty 1 h1n he 01• rict he c:on true ion of l rov n a • • (< -. • • ,, • th bonda called, and all such bonds shall be paid in their direcl numer ical o rde r . The holder of any such bonds may •t any time furn ish his or her post office address to the Director of Fi na n ce, nd i n such case a copy of the advertise- 91ent shall be mailed to the bondholder, at auch addreas, on or a out tl>e day of s ~ch publication. After the expiration of the period for cash pa}'llM!llt• of assessments in full, the City shall, to the extent possible, pay each year not lesa than lo• of the total amount of bond• outs andi ng after the payment of the bonds with the proceeds ot ·auch c ash payllll!nt• of asse••-nts in full. Section 6 . Add i tional Security for the Pay .. nt of Principal and Interest. The Charter of the City provides •• follow•• "Whenever a Public Improve-nt District has paid and cancelled •our-fifth• 14/5) of its bond• outatandin9, and for any reason he r.,..inin9 ••••••-nt• are not paid in ti .. to tak up the final bonda of the distric .,,d in- terest thereon . then e City shall pay aaid bOnCla vhen due and i ntereat due thereon and reint>urae itself by collecti.n9 the unpaid a••••• .. nta du said district". Sec io 7. !!•eaa ... nt of Coats. The Cit}' Co,...cil -nant.a that upon c:o11pletion of the local i ... ~-u. or 11po11 comipla ion froa ti-to u .. of any part thereof, ..a upon ac pt.a.nee ereof by h council, or Whenever the total coat can be definitely aa rtained, it will e&\lae a stat...,,t al>owin9 t.lle to al co t of the uoprov-ts to be prepared and filed in th• of f1ce of the Director of PiAan The Ci~ C-cil • all further cause ass••-U to be le•ied e9einst the p roperty includ d within e special i111P~ district d spec ally be etit.ed con s ructiOlll and of J. rov n s, 1-and of I c io I . aec i s or parts of orcaabla or '~valid. da • in t n . - ... • . , ' • • -• • I• • Section 10. Ordinance Irrepealable. After said bonds are issued, this Ordinance shall be and remain irrepealable until said bonds and the interest thereon shall hftve been fully paid, satisfi ed and discharged. Section 11. Hearing. In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this ordinance, before final passage, et 7:30 P.M . on Monday, May 19, 1975. Section 12. Publication and Effective Date. This Ordinance, after its f i nal passage, shall be nllllt>ere~ and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and th• Director of Finance, ea-officio City Clerk-Treasurer, and by the Certificate of Publication. This ordinance shall beco,.. effective thirty 130) days after publication following final passage. INTRODUCED ANO READ This 5th .S.y of May, 1975. (I I AL Mayor ATTEST1 Director of Finance •rIMLLT PASSED AlfD ADOPTED This 19th day of Ma)'. 1975. I I I AL I ATTES1'1 o i recU>r o f r lnance •(T?> foll nv to be ~tted f roa p r ad n v and to be in e r e d ~ e p pa ... ) \ - Mayor lie• i on follow i ng first licat i on fol1owi n9 f inal ' • • , - - ( • • • • 0 • INTRODUCED AS A BILL BY COUNC IL MD1BE R Clayton BY AUTHORITY ORDlUANCE NO. __ , SERIES OF 1975 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DIST RI.CT NO . 22 , FOR THE CONSTRUCTION AND I?ISTALtATION OP STREET PINI..a , CURB AND GUTTER ML> SIDEWALK IMPROVDIBNTS , IN SAID OISTRlCTr PRESCRIBING THE FORM OP THE BONDS1 AND PROVIDING FOR THE PAY- MENT OF SAID BONDS A.ND THE nrtEREST THE.RF.ON. WH EREAS, for he purpose of constructin g and insta ll- ing street paving, curb and gutter and sidewalk improveme nts , toqe ther wi t h necessary incidentals on cer ain streets, Pav ing District No. 22 in the City of Englewood has been duly created by Ordinance No. 7-1975 of said City, finally adopted and approved on March 17 , lq75; and lfl!EREAS, !lo t e to contrz.ctors to submit bids for the construction of t.he ~provements in said Distric has been duly published and he bids for th construction ork vere opened on April 28, 1975; and WHEREA • t.he Cl y cou~cll h•• cost of e construction ing, curb and qutter and -., . 3 b • • • 0 - to ca ll and prior pay~cnt on any i nter est paymen t date , in direct numer ical order . upon payment of p ar and a cc rued in- terest. Noti ce of s uch pr ior rcdenption shal l be p ubl i shed in a newspaper of genera l c1rculat~on in En glewood , Co lora do , one time at least 30 da ys pri or to the date or redemption . In addition, a cop y of s uch Notic~ sha ll be ma i led at the of pllbl icat1on to the origina l purchaser of the Bonda. The Bonds shall bear inter est a s e videnced by •A• coupons attache d to said bonds, payab le on June 1, 1976, and semi-an nually ther year, a s follows: $2%.000 110,000 80,000 65,000 65, 000 55 ,000 so. )0 !ter on Bon 1 N.1~ to -..9f, :?97 to 40'. .1'J7 t.o 4 (i • 4 7 0 551. 552 co lf. I' to li71, ~72 •o ... 21 , .June ..• incl. i n el. ll l. in l. lncl. .in;;l. ln( l. l and Dec e mber 1. each "A" cou1 •n lnterest Rate J/4 6 1/4 6.4 (,.6 . 7' I n addition t o he •A• in teres t r a te set f o r th above, bonds nUJ'lbered o ~-· inclusive, shal l bear additional interest as evidenced by auppl ... ntal coupons designated •a•, for he period fro 1 , 1975 to the date• ind1ea ed belov, payable on ha •• d a tes •• the •A• i ere1 coupons durin9 said p<0riod of t ... •• foll •• -. • • ......... • • Should any officer whose manual or facsimile signature appe~rs e n said bonds or the coupons attached thereto cease to be such off ice r be fore delivery of the bonds to t.~e purcha se r, such manual or facs~mile signature shall nevertheless be valid and sufficient for all purposes . Section 3. Farr.> of Bond and Inter st Coupons. The bonds and the interest coupons to be attached thereto shall be in sci>stantially the following fonn: • • ' • • , -• • Should any officer whose man ual or facsimile signature appe~rs e n sai d bonds or th e coupons attached thereto cease to be such officer be fore delivery of the bonds to t.~e purchaser, such manual or iacsimile signature shall nevertheless be val id and s ufficient for all purposes. Section 3. Form of Bond and Interest Coupans . The bonds and the interest coupons to be attached thereto shall be in scl>stantially the following form: -.. - • . ' • • , --.... • STATE OF COLOP.ADO • • (Form of Bond) UNlTE~ STATES OF /\.~ERICA CITY OF ENu EWOOO PAVI G DISTRICT NO. 22 SPECIAL ASSCSS:·:El;T i!O D I• CO TY OF ARAPAHOE No. $1,000 The City of Englewood, in th County of Arapahoe , State of Colorado , for value received, hereby promises to pay to the bearer hereof, out of the sp cial fund hereinafter desi9na ed, but not otherwise, the pri~cipal sum of ONE THOUSA.'10 DOLLARS in lawful money of the United State• of America, on the lst day of June, 1986, with interest thereon as ev idenced by interest coupons designated "A" at U>e rate of ---~~~~~~~~-~~~~-per centua ( ____ ,) per annum from date until payment, payable on June 1, 1976 and semi- annually thereafter on June 1 and Decelllber l each year, and additional interest on bonds numbered to __ , inclusive, of thi• isaue, as evidenced by interest coupons deaignated "B" at the rate of per centum ____ ,) per annwo !or th period !ro• 1, 1975 to -----l, 197_, inclua1ve, all auch in ereat payable on the aame dates •• Ula "A" intereat coupon• dur1n9 aaid period o! time, both principal and inter at be1n9 payable at The Firat atlonal Bank, in Englewood, Colorado, upon pre- sentation and surrender of the attach d coupo a and th • Jlond •• th y aeverally become d"8 or are called for pay .. nt. Thia Jlond 1• sub)act to call and red tion 1n direct n rical ord r o iasu o h ch it • one, on any int rest r•yaent da , upon pay .. nt of pa.r and sccru d otl of such pr or IOll • • • 0 • made a law of said City prior ~o the issu~nce hereof. Payment of this Bond and the int~rest ther~on shall be made from, and as security for such payment there is pledged, a special fund designated as the "Paving District No. 22 Bond and lnlcrest Fund", which Fund shall contain initially any monies in the construction account remaining after the cost of improv ments has been paid in full and thereafter o contain the proceeds from special assessments to be levied against the property included within the District and specially benefited by the construction and installation of improvement therein. The assessrn nts to be levied will constitute a lien on and against each lot or tract of land in the respective amounts to be apportioned by an ordinance of the City. The Charter of the City provides: "Whenever a Public Improv ement District has paid and cancelled four-fifths (4/5) of it• nds outstanding, and for any reason the remaining assess- ment• are not paid in time to take up the final bonds of the district and interest thereon, then the City shall pay said bonds when due and interest due thereon and reimburse itself by collecting the unpaid assessment• due said district". This Bond does not constitute • debt of the City of Englewood within the meaning of any constitutional, statutory or charter liai ation or provia on, and ahall not be considered or held to be a general obligation of the City. It ia hereby further certified and recited that all requirement• of law hav been fully complied v th by the proper officers of the City in the iasuanc of this Bond, and that the total amount of t.hi• isaue doe• not exceed th• coat and exp<inae of •• d improv ent• or any limitation pre- scri d by la • thl• aond If lMI L I S A L ror nt of thi• 9ond and the 1nterea thereon of lt• lawful corpora e powera. Y W • City ot En9le d haa caused d y th• aanu l ai9na ure of CITY OI' -ll - • • , - • • I• • (Torm of Inte r est Coupons) o . $ ___ _ June, On th 1st day o f Oeccml> r, 19~, unleaa the Bond to w c thi~ coupon lS a •tached h a• been called for prior rede>opt1on, th• C1 ty o! Englewood , in the County of Arap11hoe and Sla ~l ~olorado, will pay to bearer the amount •h""'n hereon in lawf ul mon y of the Un i ted States of America, solely ou t of e speciAl fund referred to in the Bond to which this coupon is attached, at The First National Bank, in !:nglewood, Colora d o, being 1nt.erest then due on its Specia l Assessment Bond for Pavin District No. 22, dated Jun l, 1975, bearing No. (Faes aile Signature) D1rector of F i nance , • • , • • • 0 • (Form of lnt cr~st Coupons) No. $ ---- June, On the lst day of December, l9_, unless the Bond to which this coupon is attached has been called for prior r deinption, t.he City of Englewood, in the County of Arapahoe and State ot Colorado, will pay to bearer the amount shown hereon in lawful money of the United States of America , solely out of the speci~l fund ref erred to in the Bond to which this coupon is attached, at The First National Bank, in Englewood, Colorodo, bei~g interest then due on i t s Special Assessment Bond for Paving District No. 22, dated June 1, 1975, bearing No. (Facsimile Signature) Director of F1nance •. • • • I• • Section 4. Di soo s~tion o! Sond Proceeds. The pro- ceeds of said bonds shall be applied only to pay the costs and expenses of constructir.g ~,d ins allinq inprovcments in said District and all other cos s and expenses incident thereto. In the evenl that all of the proceeds of said bonds arc not required to pay such costs and expenses , any remain ing amoun t shall be paid ~nto he speci al assessment fund for the purpose of calling in and paying the principal of and interest on said bonds. Neither the purchasers of said bonds nor any subse~uen holder of the same shall be responsible for the application o! the proceeds of said bunds by the City or any of its officers. All or any portion of the bond proceeds may be temporar ily invested, or reinv sted, pending such use, in securitiea or obligations which ere lawful investments for such municipalities n th State of Colorado. lt is hereby covenanted and agr ed by the City that the temporary investment or re invest.ment of the bond proceeds, or any portion hereof, shall be of such na ure and ext.ent, and for such pt!riod, that be bonds of t.he City shall not become •arbitrage bonds " within t.he an1ng of Section l03(d) of the Internal Rev nue Cod , and pertinent regulations, and auch proceeda, if ao in eated or reinvest d, shall ba subject to the lillli ationa and restrictions of said Section l03(d), as the a..ie now exiala or may later be a .... nded, and hall further be subject to any applicable regulation• of the Internal Revenue Service. ~- aol lv Paving S ct:ton s. "-''-'-'="-'D=l~•t.rict o. 22 Bond and lntereat hereon shall be payable local iaprov ment f d, designated as t.he o. 22 Bond and In erea Fund, wh1ch shall con a1n 1ni 1elly any monies 1n the c nstruction account re- aaln1ng aft r t • coat of :Lllprov ... nla has b en paid in full and t rein. proc eds free special ••• ••- he pro rty wi hin he D:latrtct enef 1t d by the conatructi n of 1 rov 1 > • • • • 0 , . • the bonds called , and all such bonds shall be paid in their direcl nuw.er1cal order. The holder of any such bonds may at ny time f~rnish his or her post office address to the Director of Fi nance, and in such case a copy of the advertise- ~nt shall be mailed to the bondholder, at such address, on or about the day of such publication. After the expiration of the period for cash payme.n s of assessments in full, the City shall, to the extent po s1ble, pay each year not less than 10\ of the total amount o{ bonds outs andin g after the payment of the bonds with the proc eds of such cash payments of assessments in full. Section 6. Additional Security for the Payment of ~rlncl al nd In Pres!.:_ The Charter of the City provides as follow s: "Wh never a Public Improvement District has paid and cancelle~ four-fifths (4/5) of its bonds outstanding, and for any r ason he remainin9 assessments are not paid in t11ne to take up the final bonds of the district and in- tereat ereon, then the City shall pay said bonds when due and interest duo t~er on and reinburse i self by collecting the unp411d aasesaioents due said district•. S ction 7. Aase •-nt of Costs. The City Council cov nanta that upon co"'Pl tion of the local improveinenta, or upon comple io fro• ti.,. to time of any part thereof, and upon ace ptance ereof by he Council, or whenever the total coat can be definitely ascertained, it vill cau•e a atat•ment showing the to al coat of the i prove nta to be prepared and filed in th office of th Director of Finance. Th City Counc1l shall further cause aaaeasaen~ to be levied against • thin he spec al iaprov nt d1atr1ct of c:uo '· cons ruction and inatalla ton 1th l and the Charter That if any one or llOre shall e adju gad u, en- d .. nl shall not a feet, i..,alr rov1a1ona of thia Ordinanc: , t reot are . - • • • 0 I • - Section 10. Ord 1n~c_e Jrru t>al~ble. A!ter said bonds are issued, Lhis Ordi na nce ~hall b "'nd rcm.iin irrepca lable until said bonds and the intereat ~h rcon sha ll h~ve been fully paid, satisfied and di scha rged. Section ll. !L!_ri ~g. ln ac co~d •nce with Section 40 of th City Charter, he Ci~y Co uncil shal l hold a public hearing on this o~dinance, b~fore !inal passage, at 7:30 P.M. on Monday, May 19, 1975. Section 12. Publicat ion and Effecti ve Date . This Ordinance, after its f inal passage, shall be nwnbere1 and recorded, and the adoption and publication shall be authenticated by the signature of he Mayor and the Director of Finance , ex-officio City Clerk-Trea su r e r, and b)• he C r ifica te of Publ icat on. Tbia ordinance shall become ffective thirty (30) day a after publication following final paasage. tntn>d\aeed, r-ia fall -,.--fin~ -the 5th day of May, 1975. PUbliohecl ao a llill for an Ordlnance Oft the I day of May, 1975. !lead by title and peo...S on final rudint "" llltl> day of May , 1975. Publi•hed by title •• ordiunce llo. ----• on the i2'14 day of MAy, 1975. A .. ofh o cnr Clu -TT r 1 .. of 1975, - • • - ·. --- c • - iNTRODUC&D AS A BI!.l. BY C0!111CIL KDIBER ~~~~~~~~~~ A BILL FOR AJI ORDlNA'NCE AUTHORIUl.C THE l!:SUANCE OP' SPECIAL ASSESSKOIT llOllDS OF T1IE CITY OP ENGLEWOOD, COLOllADO, P'OR PAVING DISTRICT llO. 22, FOR THE C01'STRUCTION AND INSTALLA- TIOlt OF STREET PAVING, ct1JUI AND GUTTER AND SIDEWAL~ IKPROVJ>IENTS, IN SAID DISTRICT; PRESCRIBING THE FOIUI or THE BONDS; AND PllOVIDING FOR THE PAYKl:llT OP SAID BONDS AJID THE iNTEREST THDIEON. WHEREAS, for the purpose of constructing and install- ing •treat peving, curb end gutter •nd sidewalk improv..,..nta, together with neceasery incidental• on certain streets, P•ving District No. 22 'in the City of Engl wood has been duly created by Ordin•nce No. 7-1975 0£ ••id City, finally adopted and approved on March 17, 1975: and ~s. llotice to contr•ctora to submit bids for the construction of the i11proveioenta in said District h•• been duly published and the bids for the construction work were opened on April 21, 1975; and WHEREAS, the City Council has determined that the coat of the construction and installation of the street pav- ing, curb and gutter and aidevalk 1-prove...,nta, together with nece•a•ry incidental cost•, shall not exceed the a1110unt of $ -73,00 end that bonds of the City for said Dbtrict should be issued in thia e110unt; and Wll£a.EAS, iii accordence vith the City Ch•rter end a resolution J>A••ed on April 7, 1975, the City Council baa edv r la d for th sale of S bond• heve been everd d to _,,K~l~r~•o.:.:~:....a....:..:""''-''"-'"""'-'<-"'"""""-,_.,~~~ Denver , Colorado end WHEREAS, it is now n iaal&Allc of ••id bonda and u I! IT ORDAIN&D BY T ceaa•ry to prov1d for the fona and peyment thereof; ClTY c llCI.J. or THE CITY or of and pural>Aln -., - ~ .. ,. I • • ~; ~i· . : i , I I • 0 I~ • to call and prior payment on any interest payJnent date, in direct nu.~rical ordP.r, upon payment of par and accrued in- terest. Notice of such prior redemption shall be published in a newspaper of general circulation in Englewood, Colorado, one time at least 30 d"ys prior to the date of redemption. In additi on, a copy of such Notice shall be aailed at the time of publication to the original purchaser of the Bonds. The Bonds shall bear interest as evidenced by "A" coupons attached to said bonds, payable on June l, 1976, and se111i-annually thereafter on June 1 and Decltlllber 1, each year, as follows: Amount $198 ;-;00 10,000 50,ooo 45,ooo 1111.000 35,ooo 35. 000 .!k>nd Numbers 1 to 198 ,incl. 199 to 268 ,incl. 26 9 to 318 ,incl. 319 to 363 ,incl. 364 t.o qo3 • inc>.. 404 to 4 38 ,.incl. 439. t.o 473 ,incl. •A• Coupon Interest Rate 5J 5 3/41 6J 61cl 6 .40J 6.60S 6.751 In addition to the "A" int.er .. t. rat.a set. forth above, bonds numbered _l_ t.o '!11..· inclusive, shall bear additional interest. as evidenced by suppl .... ntal coupons designated •a•, for the period froft July 1, 1975 to the dates indicated below, payable on the .... dat.ea aa the "A" interest coupons during said period of ti ... as follows: Bond Nunt>era l to l.98, incl. 199 to ~68 , incl. 269 to 318 , incl. 319 t.o 363 ,incl. 3 to •03, incl. •o to 438,i ncl. •39 to 1173 ,>ncl. •a• coupon .Interest Rate 3 1 to 12-1-76 2\1 to 12-1-76 21 to 12-1-76 l 31•1 to 12-1-76 1.601 to 12-1-7 1.401 to 12-1-76 1.251 to 11-1-7 Th• net effective interest. rate of this •• ot llonda is~' per annua. Th -4 ., ·' rt.. • • • • • • Should any officer whose manual or facsimile signature appears en said bonds or the coupons att~ched thereto cease to be such officer before delivery of the bonds to t.~e purch•aer, such manual or facsimile signature shall neverth•lea& be valid •nd auf f icient ~or •11 purposes. Section 3. Forn of Bond and Interest Coupons. The bonds and the interest coupons to be attached thereto shall be in s.:bstantially the following fona: -.. - • . • • , STATE OJ' COLORADO Mo. • 0 • (Form of Bond) UNITED SThTES OF AMERICA CITY OF ENGLEWOOD PAVING DlSTRJCT NO . 22 SPECIAL ASSESS~:Do'T BOND COUNTY OF JU\APABOE $1,000 The City of Englewood, in the county of Arapahoe, State of Colorado, for value received, hereby promises to pay to the bearer hereof, out of the special fund hereinafter designated, but not otherviae, the principal aua of ONE THOUSAND DOLU\JIS in lawful money of the United Stat•• of ,....rica, on the lat day of June, 1916, with intere•t thereon as evidenc..S by interest coupons deaignated "A" at the rate of ~----------------par centwa <~')par annWI froa date until pay..,nt, payable on Jun• 1, 1976 and s..U- annually thereafter on June 1 and December 1 each year, and additional interest on bonda nulllbered to __ , inc1uai••• of thi• issue, a• evidenced by intereat coupon• designated •a• at th• rate of par centua ____ ,) per annWll for the period froa 1, 1975 to ~-----1, 197_, inclusive, all such interest payable on the .... date• as th• "A• intere•t coupon• dur ing said period of U-, both principal and interest 'bei"'I payable at Th• First Rational Bank, iA Zn9l-4, Colorado, upon pre- sentation and aurrander of th• atta ched coupDT\• and this aond •• they aevera1ly become due or are called for payment. 'l'hls aond • subject to c all and red...,tiOft iA direct n rical ord ""7 interest pay91lDt r of th• h• of which it i • Ol'>e, Oft date, upon pa~nt of pa.r and accnaecl of reduop ion. Motl of such prioz lntere• to th• date redeJ1Ption shall be p n a n spapar of 9 ner•l cir- ti .. •t :Least t..h rty llO) day• prior culation in to u o f 4 • • - • • • 0 I• • made a law of aaid City prior to tho issu~nce hereof. Payment of Lhis Bond and the interest ther~on shall be made from, and as security for such payment there is pledged. a special fund designated as the "Paving District No. 22 Bond and Interest Fund", whicn Fund shall contain initially any monies in the construction account remaining after the coat of improve10Cnts has been paid in full and thereafter to contain the proceeds from special assess111enta to be levied against th• property included within the District and specially benefited by the construction and installation of improveaent therein. The asseaa .. nta to be levied will constitute a lien on and aga inst each lot or tract of land in the respective llJOOunt• to be apportioned by an ordinance of the City. The Charter of the City provide•• "Whenever a Public x.prove,..nt District baa paid and cancelled four-fifth• (t/S) of its bond• outstanding, and for any reason the remaining asaeaa- 9enU are not paid in ti• to take up th• final bonds of th• district and interest thereon. then th• City shall pay sei4 bands vt>en due and interest due thereon and reimburse itself by collecting the unpaid asaess .. nta due said d i strict". '11U.• llond does not constitute • debt of the City of Engle oo4 wi thi n the .. aning of any constitutional, statutory or charter l i aitation or provi s i on, and shall not be conaidered or held to be • general obli gati on of the City . lt ia hereby further certif i ed and recited that all requ r ... nta of lav have been fully complied with by the proper officers of th• City in the iaauan of thi• llond, and that t.be total .-t of t.hh ••-dOeS not exceed tlle coat and expeA&• of aai4 illp~t• or any liaitat1-pre- a c r 4 y 1-. paY9Sft of th a 4 d th interH of i t• l..,f,,.1 cor,por•t• .-en· T gl ' . • • -• • • (For111 of Intereat Coupona) '----June, On the lat day of Decellber, lt_, Wtl••• the Bond to which thi• coupon ia aatached haa been called for prior red~tion, the City of En9lewoo4, in t.he Co1mty of Arapahoe end State of Colorado, will pay to bearer the amount ahowD hereon in lawful 1110ney of the United S~tea of ~rica, solely out of the speci•l fund referred to in the llond to vhich thia coupon la attached, at The Pirat .. tional aank, in En9levoo4, Colorado, beL,9 intereet then due an ita Special Aa••••-nt Bond for Pevin9 Diatrict llo. 22, 4atecl June 1, 1175, bearin9 llo. (Pacaiaile li1naturel Director of Finance •. , • • I - r \ • 0 I• • Section 4. Pispasition of Bond Proceeds. The pro- ceed• of aaid bonds shall be applied only to pay the costs and expenses of constructing and inst•llin1 improvement• in aaid District and all other costs and expensea incident thereto. In the event that all of the proceeds of said bonds are not required t~ pay such costs and expenses, any r'"""'ining amount shall be paid into the special assessment fund for the purpose of calling in and paying the principal of and interest on said bonda. Neither the purchasers of said bonds nor any subsequent holder of the sa111e shall be responsible for the application of the proceeda of aaid b<.inda by the City or any of it• officers. All or any portion of the bond proceeda aay be te11p<>rarily invested, or reinvested, pending auch uae, in aecuritiea or obligation• which are lawful invaatmenta for auch ~unicipalitiea in the State of Colorado. Zt ia hereby covenanted and agreed by the City that th• t"'"PC>rary inveat .. nt or reinveat111ent of the bond proceeda, or any portion thereof, ahall be of such nature and extent. and for aucb period, that th• bonds of the City ahall not becOllle "arbitrage bond•" within the ""'aning of Section lOJ(d) of the Internal llevenue Code, and pertinent regulations, and auch proceed.s, if ao invested or reinveated, ahall be subject to the liaitationa and reatrictiona of aaid Section l03(d), aa th• .... now exiata or .. y iater be amended, and ahall further be subject to any applicable regulations of the Internal 11evenue SerYice. SectiOd s. Paving District No. 22 ..,nd and lntereat !'.!!!!· 1'1• bond• and the interest thereon shall be payable solely froa th• local i11prov ment fund, designated •• th• Paving District NO. 22 llOnd and lntereat rund, which shall cont• n 1niti•lly any 11e>niea in the construction account re- aa nin9 aft r th• coat of i9"'rov ... nU h•• been paid in full and r eftar to contain th• proceed• fr-apeci•l ••••••- .. nta to levi d agalnat the property within the Diat.rict and a clelly enaf1ted by the construction of iJaprov...,.u erein. When there la on hand • sufficient a.ount to pay a outatend nt bon.S. for the Diatrict, t c pay nt, Oft • ne• in erea pav-ent in di rec n r cal ordar with fl!rl a ic of call and r Uon ahall be t-n a n wapaper h&vin9 t neral laaa thirty UOI daylf' prior to 1'I not ce ah•ll a city y n r -n- • • -• 0 • the bonds called, and all such bonds shall be paid in their direc•. numerical order. The holder of •ny such bonds aay at any time furnish h is or her post office address to the Director of Finance, and in such case a copy of the adverti••- -nt shall be mailed to the bondholder, at such address, on or about the day or s t ch publication • .l\f ter the expiration of the period for cash P•)'lllents of assessments in full, the City shell, to the extent possible, pay each year not le•• than lD• of the t..otel ...,unt of bonds outstandi ng after the pay.ant of the bond• with the proceeds of such cash pay .. nta of •••••• .. nta in full. Section 6 . Additional Security for the Psy .. nt of Principal and Interest. The Charter of th• City provides •• folla-•• "Whenever a Public lmprove,..nt District has paid and cancelled four-f ifths (4/5) of its bonds outstanding, and for any reason the remAining asseas .. nts are not paid in ti .. to take up the final bonds of the district and in- terest thereon, then the City shall pay said bonds when du• and interest duo thereon and r eilllburae itself by col1-ctin9 the unpaid as seaa .. nt• due said district". Section 7 . Assessment of Costa. Tba City Council covenants that upon cottpletion of th• local ill!Pro•-nts, or upon C011Pl•tion froa ti.-to ti .. of any part thereof, and upon acceptance thereof by the Cou.ncil, or whanever th• total cost can be definitely ascertained, it will cause a stat....,t sbcw1n9 th• total cost of the i11prov ... nts to be prepare4 and filed in the _office of th• Director of Pi.nan-. fte Cit:y eo ... cil sball further cause •••••.-.nta to be lewi .. aga inat the property included within the special ill!Prov...,.t 4istrict an4 specially benefited by th constructioe and installatioe of such improve .. nts, in accordance w th 1-and U.. Charter of e City. Section I . S.varab aection• or parta of thia Ordinance aball be adjudg .. forceable or invalid, such jud .. nt aha ll not affect, iJlpair or invali4•te th r .. in1n9 provia on• of this Ordinance, it in 1ntentio that th• various provisions ha~f are S. t.io t. ~~:.:i;s.:..r.:.• All th r n fll.ct w -u - ,.. . .i • ., • • -• • • Section 10. Ordinance Irrepealable. After aaid bonds are issued, this Ordinance shall be &nd remain irrepealable until said bonds and the interest thereon shall h~v• been fully paid, aatisf ied and dischar9ed. Section 11. Hearing. ln accordance with Section 40 of the City Charter, the City Council shall hold a public hearin9 on this ordinance , before f inal pnasa9e, at 7:30 P.K. on Monday, Kay 19, 1975. Section 12. Publication and Effective Date. Thia Ordinance, after its final paasa9e, shall be nuat>ere~ and recorded, and th• adoption and publication shall be authenticated by the si9nature of the Mayor and the Director of Finence, ... -officio City Clerk-Treasurer, and by th• Certificate of Publication. Thia ordinance shall beco .. effective thirty (JO) days after publication followin9 final passa9e. INTllOOUCED AND JtUD This Sth day of Kay, 1975. (SEAL Mayor ATTEST a Director of Finance *FlMLLY PASSED AMD ADOPTED Thi• 19th day of May, lt7S. ATTEST• Duector of 1'1nanee •(Th foll-1 to -1tted f~ p read 1n9 aad to be inserted in • p pHH9 .) •• Mayor lica '°" foll-•9 f1rst licatiOlll follow nt final ' • • -• 0 I • • I NTR ODU CED AS A BI LL BY COUNCIL MEMBER Clayton BY IUTY OllDI NO. --IU!!S at 197 l.N l -· E IWTHOIUZING THE ISSUIUICIC at SPECIAL ASSES BONDS Of THI. =rn or t:NCIZWOOO, COLOIWlO, f'OR PAVIllC 01Sft1c:T • 22. r THE CONSTIWCTIOH All'.> INSTAI.IAT IOll at nan PA~. Ra ANO 'TI'£R ~ SIDEWALi( IMPAOVDttNTS, r. SAID DI SftICT1 PP.ESCRI BI!lr. THE Y<'.i!U< OF THE llONDS1 AND PIOIIDi llG f'OR TllB PAY- M.ENT OF SAID BO!l!>S AN!l T1!E Ilm!:RE ST ~. WHEREA S, for the purpose of const.ructin9 and install- i n g street paving , curb and 9utter and sidewalk improve .. nts, togeth r w1 th ne e ssa ry incidentals on c ertain streets , Pavin9 Dis r1ct No . 2? 1n the City o f En9 l ewood has been duly created by Ordinanc e No. 7 -197 5 o f s a i d City, f i nally adopted and approved on March 17 , \97 5; and lfl!ERF.AS, No t ·e t o cont r ~c tors to submi t bids for U>e ~ n1truct1on of the improvements i n said Distri ct has bee n duly published and the bid s for the construction work we re op ned on April 21, 1975; and Wh RUS, the City Council haa detenalned that the cos t o f the construction a nd ins t all ation of the street pav- in9, CUL a.1d 9utter a n d si d e wa lk 119pro ve .. nta, tog ether vlth necessary incid ntal costs, she ll not exc eed the al!IOunt of $72 ,000, and at bonds of the City for ••id District shO\lld ba isau d io th1a a110unt1 a nd S, in a ccordanc e with the City Char er and a d 7, 1'75, Ula Ci ty Council h as " • n . 3b ·. • • -• • to cell •11d prior payment on a ny in terest payment date, in d irect numerical order , upon paymen t of par and accrued in- teres t. No ice of such prior rcdem t ion shell be published in a newspa~r of 9eneral c1£culat1on in Englewood, Colorado, one t ime at least lO days pr ior to the date o! rede111Ption. In add1 I n, a copy of such Notice shall be mailed at the ti~ of 1 l icat1on to the ori9inal purchaser of the 9on4a. Th bonds shall beer interest as evidenced by •A• coupons •t ~ached to said bonds, payable on June 1, 1976, and semi-annuall y h ereafter on June l and December 1, each yea r, as follows: "A" Coupon nd 1-lu!Pber• Intere•t Rate 0 29 incl. 297 to 4 incl. l/4 4 "7 ,, 4BC, incl. 6 187 to SSl. i n c l. 6 1/4 552 to 16, incl. 6.4 617 tc (71, incl. 6.6 lj , O< E72 0 7~1, incl. 6. 75 ln add ition to the "A" interest rate set forth to ~-· inclusive, shall bear additional interest as evidenced by suppl ... ntal coupons deai9nated •a•, for he period frOlll 1, 1975 to the dat • indicated below, payable o the • ..,. dates •• t "A " in eces coupons durin9 said period of ti ... ae follows ••• coupon -.. - • • -• • • Shou d any o ff icer whose manual or facsimile signature app e~rs en said bonds or e coupons attached thereto cease to be such officer before del ivery of the bonds to t.~e purchaser, such man ual or facsimile siqnature shall neverthelesa be valid and sufficient for all purposes. tion 3. For111 of Bond and Interest Coupans. The bonds and the interest cou pons to be attached thereto shall be in st.bstant1ally the foll0><in9 !ona: • • • • • --.... • 0 • (Form of Bond) UNITED S!ATES or Al'.ERl CA STATE or COLOP.ADO COUNTY OF ARAPAHOE No. CITY or ENGLEWOOD PAVING DISTRICT NO . 22 SP EC IAL ASSESS~:O."'T BOND $1,000 Th e Ci ty of Englewood, in the County of Arapahoe, St.ate of Color do, for value rec:e1ved, hereby promises to p y to the bearer hereof, out ot the special fund hereinafter des ignat d, but not otherwise, the p r ~~cipal sum of ONE THOUSAND DOLLARS in lawful money of the United Sta es ot America, on the lat day of June , 198 6, with interest thereon aa ev id need by in erest coupons designated "A" at the rate of ~~~~~~~~~~~~~~~~ per c:entum <~~~-•> per annua froa a e un 11 payme nt, p ayable on June 1, 1976 and semi- annually h reafter on June l and Oecelllber l eac:h year, and add itional int.erest on bonds nu~.bered to ~~· inclusi ve, ot bi s iasue, as evidenc: d by In erest c:oupona designated ••• ~~~~'> per annwo for t.he period troa ~~~~~- 1, 197_, inclusive, all such :u>tereat date• aa t.he •11• ntereat coupons during t.1.ae, botll princi pal and inte rest being payable a ional llanlt, in tn9levood, Colorado, upon pre- d c:oupona and this ~nd n and accrued ••c prior prior • • • • • ma e law c 1 aa1d City prior ~o tho issuance hereof. Pay~e nt of his Bond and the interest ther~on shall be adc f rom, and as security for such payment there is pled9ed, • specul fund des19na ted as tl.c "Pav1 ;9 Di strict No . 22 Bond nd lr1t..er moni o! 1."'pro und", whi.ch l'un d s hall contain ini.tially any cons ~ruction account rema1nin9 after the cost has b n aid in full and thereafter to contain the proc f o~ apec1 al asse ssment& to be levied against the property includ1d w1th1n the D1str1ct and specially benefited by the conatruct1on and insta llat i on of i rove nt therein. Th• ••~e•a,,..n ts to be levied v 1ll constitute a lien on and agai ns t each lot or tract of land in th respective ...ounta to be ap o rt1oned by an ordinance of the City. The Char er of the City provides• "Wllenever a Public JJopr ov~""'" Dis tr ict has paid an cancelled four-fifths (4 /5) of it s ~ ~d • ou tandin9, and for any reason the remaining aaaeaa- nt are not paid in time t o take up the final bonds of the d1 atr1ct and interest•~ •eon, then ·~e Ci ty ahall pay said bonds ~ •~ d~• and i.ntL• st due th e r ~o n and reimburse itself by ~O•••c t inq the unp&id ••seas nta du said district". Th•• nd does not constitute a debt of the City of Enql .. o...s ith1n he -an1n9 of any constitutional, statutory or arter li•1 •a~1on or prov aion, and sh al l not be considered or held to a q neral obl19ation of he Ci.ty . all re prot-r • It 1a er er certif1ed and r c i ted that been fully co.pH d with by the n th• issuance of this Bond, of t.hi• aaue do a not allc:"eed the lllPCOV n a or any 11&1 • ion pre- . .. ..• of csn l • • • • -• ·. • (Fann o f In tereat Coupon s ) No. ·---June, On the 1s t d ay o f De cember, 19~, unlasa tha llond to which this coupon is a -t •chad haa bean called for prior red'""'P l • ri, t.h• City of Enqlevood , in the County of Arapa and S al~ o t Colorado, wi ll p ay to bearer the ...,unt shown reon in l aw ful money of the United Stataa of "'9ari ca , ol •Y out of tha speci ~l fund referred to in tha llDnd to Wbict, this coupon is attached, at Th e F irat W.tional Ila.n it, in qlewood, Colora d o , be inq i ntereat than due on i ts Spec1al Aasesament l!o nd for Pavi n g Di strict Mo . 22, dated J l, 1975 , bearing . . D1rec tor of F1 nanca , . • , • • - ( • • • • • (. (Fol'.11l o f Int res t Coupons) No. $ __ _ June, On the 1st day of Decemb er, 19_, unleas the Bond to which tt ls coupon is at ached haa been called for prior redein t1 '" the Ct ty of Englewood, in the County of Arapahoe and Sta t ot Co l o rado, will pay to bearer the amount shown hereon in lawf u l money of the United States of Arllerica, s o lely ou t ot th spec1Al fund referred to in the Bond to whi ch this coupon is attached, at The First National 8ank , in Englewood, Colorado, bei.~g interest t h en due on its Special Assessment Bond for Paving District Ho. 22, dated June l, 1975, b aring No. 1 • (Facsimile Signature) Director of Finance • • • - • • 0 • Section 4 . Pi spos.tion of Dond Proceeds. The pro- ce ds of said b onds shall be appli ~d only to pay the costs and expense s of constructing 'nd inscall 1n9 i mprov cm~nts in said District and all oth r costs and exp nses incid~n t thereto. ln the event that all of the proceeds of said bonda ar not required to pay such costs and expenses, any r main1ng a unt shall be paid into e special assessment fund for he purpose of calling in and paying the principal of a d in teres t on S3id bonds . Neither the purchaser• of said bonds nor any subsequen holder of the a shall be re sponsible for the application of the proceeds of said bond• by the City or any of its offic rs. ~l l or any portion of h bond proceeds aay be r ar1ly invested, or re i nves ed, pending such use, in securi 1es or o ligations whic are la ful investments for sue aun cipali i s i n h S ate of Colorado. It is hereby cov nanted and agreed by he City th• the teaporary inveat.motnt or rein••• ,..nt of th bond proceeds, or any por l On r of, na ure •nd xten , and for such period, become •arb itr• bon4a• e ,..an1n9 of Sac i on l03(d) of the In ernal and pertin n regulati ons, and such proc eds, ed, shall be sub j ect o t h e liai at1 on a and reatrict1on• of exists or ..,.y 1ater be aaen4ed, and t o a ny • pl1cable re ula i ona of the now a jec ~ nice. I c ion 5. Pavin Distric~ M=o~·-=l~l....::llon;::.:.;~d....::....::...;;.~"""".-.-.- ~- • rein . y • • -• 0 • th< o onds cal l e d , nd all s uch b o nds s ha l l be paid in e 1 r d i r e c l nu ~ rical order. The holder of any such bonds may at a ny t i me f urn ish h i s or h r post .f !ice address to the Di recto r o f Fi nanc e, and in s uch case a copy of the advertise- .,..nt s ha ll be ma iled to the bondholder, at such addresa, on or •be ~· t.l>e day of s uch publication. After the expiration of the period for cash payn>e nts o f a ••••~ nts in full, the City shall, to the extent pos i le , pay each year not less than lo• of the total amount o f bonds ou t stand i ng after the payment of the bonds with the proc e ds of such cash payments of assessments in full. Section 6. Additional Security for the Pay111ent of Princ1 p l and 1nterest. The Charter of the City provides a• fo l low s: •Whene v r a Public Improvement Di•trict ha• paid and cancelled fo ur-fifths <•/S ) of it• bond• outstanding, and for any rea son the remain i ng a••ea•menta are not paid in ti .. to take up th• final bonda of the diatrict and in- t..re at e reon, then the City shall n ay anid bond• when due an res t due e reon a n d reimburse itaelf by collecting he unpai d •••••• .. nt• due said diatrict". upon coat o f s Of Sect ion 7 . Asse s s,..nt of Costs. Tbe City Council h at upon COJllf>l• ion of tha local i111provemanta, or a uon fro• t i .. to ti .. Of any part thereof, and ereof by the Council, or when e ver the otal ef1ni tely aa c rta i ned, it will cause a •t•t....,..t nt• to be prepared • • o ffice of the D.i rector of Pina.nee. Tbe City cause ••••• ... nta to be levied sga n•t v th 11 h spac i al woprov nt d1str1ct d by UI CCft•truct oo and installs ion u1 • cor d a nc lav and • Charter r . - ' • • • 0 - INTRODUCE D AS l\ DlLL BY COUNCIL MmllER _ ~J l\ BILL FOR AN ORDI:IANCE AUTllOR IZING THE ISSUANCE OF SP!XIAL AS !>ESS:-U:!IT BONDS OF THE CITY OF ENGLEWOOD, COL c>RAr>O , FOR PAV l!IG DI STRICT NO. 22. FO R THE co:ISTRuCTlON AND INSTALLA- TION OF STPEI.,-PA'/ING , CURB AND GUTTER AND SIDEWALK lM ~R VE:.U::i TS, IN ~AID DI STRICT ; PRESCR IBlHG THE FOR..'1 OF THE BONDS; AND PROVIDING FOR THE PAYME::T OF SAID BO. OS AND THE INTEREST THEREON. WH EREAS , for the purpose of constructing and install- ing street paving, curb and gut~er and sidewalk improvements . together with necessary incidentals on certain streets, Paving Distric No. 22 in he City of Engl wood has b een duly created by Ord inance No. 7-1975 of said City, finally adopted and approved on March 17, 1975; and WHEREAS, Notice to contractors to submit bids for th construction of the improv ments in said District has been duly published and the bids for the construction work vere op n d on April 21, 1975; and WH REAS, Ule Ci y Co.inc1l h•• detenoined that the cost of th• cons rue ion and ins all• ion ot th• stree t pav- ing, curb and gutter and sid walk imp rov llM!nts, together with n cessary inciden al costs, shall not exceed th• amount of $721,000, and that nd• of th• City for said District should be ssu d i.n th>• alll>Wltl and n accordance with the City Charter and a 7, 1975, the Ci~y sale of Special Aaae•s .. n to J: .. , . nt • • -• 0 I• - to call and prior payment on any interest payment date, in direct numerical order, upon payment of par and accrued in- terest. Notice o! such prior redemption shall be published in a newspaper of general circulation in Engl wood . Colorado, one time at least 30 days prior to the date o{ redemption. In addition, a copy of such Notice shall be mailed a~ the time of publica ion to the original purchaser of the Bonds. The Bonds shall bear in crest as evidenced by •A• coupons attached to said bonds, payable on June 1, 1976, and semi-annually t erca!ter on June l and D ce~~er 1, ach year, as follows: "A;-Cu upon Amount Bond Numbers Interf!st Rate $296,000 1 to 296, incl. ~ 110. 000 297 to 406, incl. ~ •/u 80,000 407 to 4 86, incl. (p 65,000 48 7 to 551, incl. "•/ 65,000 552 to 6l6, 1ncl. l-+ 55,000 617 to 6 71, incl. t. IP,; 50,000 672 to 721. incl. .. h In addition to the "A" interest rate set forth above, bonds numbered _j_ ~· inclusive, shall bear •dd1t!on•l interest •• evidenced by supplemental coupons designated •s•, for the period fro 1, 1975 to the d•te• indicated below, pAyable dates •• the "A" interest coupons during aaid period of time, aa foll •s: Bond Nwobera 1 to 296, incl. l97 to 40 ,incl. 4 07 to 06,incl. 417 to 551, incl. 552 to 616,lncl. 617 to 71, incl. 72 to 721, lncl. inter at 9onda -0 - "B" Coupon Interest Rate ~ t-t I 71. .... , -1 -,.. ,H ~ I Ir J . . .. ., 1 ,_ ••• , I. rate of th1• iaa of shall • • • • 0 • COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO MAY 5, 197 5 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, et in regular session on May 5, 1975, at 7:30 P.M. Taylor order. Mayor •••x~••x M•••, presiding, called the meeting to The invocation was given by Rev. Fred Hahn, of Immanuel Lutheran Church. The pledge of allegiance was led by Blue Bird Troop No. 207. The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Jo nes, Sovern, Mann, Ble ssing , Brown, Clayton, Taylor. Ab s nt: None The Mayor declared a quorum present. A OTIO l 75. Also present were 1 City manager Mccown Assistant City Manager Nollenberger City Attorney Berardini COU CILMA TO APP OV Director ot Public Works Waggoner Deputy City Clerk Johannisson * • • • • BL SING MOVED A D COUNCILMAN HA CO D 0 TH HINUT!S OP TH R GULA H TI G OP APRIL 21, Ayes 1 9row , Clay on, Upon the call of the roll, he vote reaul ad aa follows: Council He•bera Jon a, Sover , Mann, Bleaain9, Taylor. ya 1 Non Abaen 1 one ao ion carried. • • • • • • • 0 - 2 Mrs. Marie Kincaid, 2032 West Hamilton Place, was present to represent the V.F.W. Auxiliary, to accept a proclamation urging the citizens of this community to recognize the merits of the V.F.W. Auxiliar y by contributing generously i&s to its support in the purchase of Buddy Poppies, on May 16th and 17th, 1975. COUNCILMAN JONES MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE THE PROCLAMATION CONCERNING THE ANNUAL SALE OF BUDDY POPPIES BY THE V.F.W. AUXILIARY. Upon the call of the roll, the vote resulted as follows: Ayes : Council Member s Jone s , Sovern, Mann, Blessing , Brown, Clayton, Taylor. Nays: None Absent: None The Ma yo r declared the motion carried. • * • * * Dr. Sand y Farmer, Director of the Ara pahoe County Mental Health Center, was present. He provided a h a nd -out to the Coun cil member• wh i ch changed some of the figure• in he original hand-out and dealt strictly with Englewood en al health cos t a . Co un cilmen Cl ayton queationed the accuracy of the 4 0 ,000 population referred to in the atudy. Or. araer ata ed that they wer e uaing pr imarily the nglevood &i p code. Councilaan Bleasing ata hat school• have diff icul y in q Arapahoe Mental Health Cen er and as ed con ribu i n9 oney o he en al heelt atated hey are receiving financial h l ha since Council a Blessing'• ex many changes ave aken place, in is now aervin a lerqe nu ber of c achoola. 91• ood tur r n9l woo hie experienc assistance fro• if • schools ar a bowed he d er • • , • • • • 3 Dr. Farmer agreed with Councilman Blessing and stated that they do have a large staff of social workers to deal with the particular problems involved. Dr. Farmer invited the Council to visit the facility and see first hand what facilities they have and what work they are doing, especially with Englewood residents. Councilman Mann stated that he appreciates the problems that the mental health center has. He asked about the Aurora program and what is happening there. Dr. Farmer stated that Aurora is attempting to become a separate unit apart from the Arapahoe Mental Health Center. State funding decisions will determine what happens in Aurora with their ental health center. Councilman Sovern inquired about the mental health center work with the Littleton police department. Dr. Farmer stated that they have a psychologist and a special program with the Littleton police department. Councilman Mann gave a background on past motions r elating to funding for the Arapahoe Mental Health Center. He stated that the City should assist their program now. Dr. Faraer stated that the cli nt• who use the Arapahoe Mental Center do pay a fee, although it is very iniaal. Currently, about 75 of the client• from Englewood have incoaes of $10,000 or le••· COUNCILMAN JONES MOVED A 0 COU ClLMA BLESSING S CONDED A MOTIO TO HAV THE STAFF STUDY TH ARAPAHOE ME TAL HEALTH C TER PROGRAM A D FI D MO EY I THE BUOG T TO PROVIDE FU OS FOR TH HEALTH C NTER, ANO THAT A RESOLUTION B PREPAR 0 FOR PR SENTATIO AT THE MAY 19th CITY COU NCIL M TING. Upon th• call of the roll, the vo • resul ed as follow•• Ayes : Council Me•b•r• Jones, Sovern, Mann, arown, Clayton, Taylor. Nays : one Absen t one • • • • r .• UC Gr• repreaen in9 t e h c of July celebra on. of July celebra ion, ire or • d tro• Jaycee• were lannl 9 on l 9 1 clud1 ooda .,,,.J • • , ...... • 0 • 4 councilman Mann inquired as to the budget. Mr. Grattan stated that the Jaycees budget this year is $3,600. Councilman Clayton stated that he is in favor of the Jaycees program. He also stated that the City Council last year had asked the Jaycees to present a request for inclusion in the current budget which they had never received. He also stated that the City is still holding an ~•• unpaid bill from the Jaycees for cleanup on last year's project. He said the City needs more time for budget purposes, and the C i ty needs better cooperation from the Jaycees in the f in~ncial planning and in the followup for the Jaycee projects. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO CONSIDER THE BUDGET REQUEST FROM THE ENGLEWOOD JAYCEES AND TO HAVE IT RESOLVED AT THE MAY 19th CITY COUNCIL MEETING. Councilman Blessing asked how much the Jaycee s wanted. Mr. Grattan said he would leave it up to the City Counc i l as to the amount o f money. COU NCILMAN MANN MOVED AND COUN C ILMA N J ONE S S ECO NDED A MOT I O TO AMEND THE PREVIOUS MOTION TO INCLUDE THAT THE CITY COU NCIL RE CEIVE A FINANCIAL BREAKDOWN OF THE JAYCEE PROJECT FOR T HE P AS T TW O YEARS. Upon the c all of the roll, the as f ol l o ws: Ayes : Coun c il Members Jone s , Sovern, Mann, Bl essi ng, Bro wn, Cla y t on , Taylor. Na ys: None Ab se nt • None Th• Mayor decl are d t h e mo t io n c ar rie d. Upon th e call of the r oll, he v o e on he ao o n •• a end•d resul ed as follo wst Ayes: Council Meabers Jon e s, Sov ern , Mann , llessing, 1rown, Clay on , Taylor. ot h ays: on• A 1en 1 None • yor eelared h• aotion carried. • • • • • Kr. lid over on, co-eh iraan o Ce en ial• -cen ennial Co i a e, Ll le D y Creek roje c • he or &on• Co• 1 •• •• r •• to d ICUll • • , • 0 • 5 Mr. Overton outlined on a map the Little Dry Creek project from south Clarkson to Acoma. He stated that their goal was for the proper treating and beautification of the Little Dry Creek in this area, and his primary purpose at this time was to only ask for a direction from the City Council for future action. He located the two areas on the map that they are considering for possible future acquisition, the areas being located at the corners of Broadway and the Jefferson by-pass, and the corner of old Hampden and the Jefferson Bypass and Bannock. He stated that their primary concerns were the hydrology of the project and for the funding of the project. Councilman Sovern said that as it presently exists, if a 100-year flood condition were to occur, it would completely incapacitate Cinderella City by flooding the basement. He dis- agrees with the current hydrology report. He said we would lose 40-50\ of our revenue from Cinderella Ci ty for a period of approximately six months. He stated that he did a cost estimate of a pro j ect and it would twice that of the report. He was using a cost basis of $500 per running foot. Councilman Sovern stated that the City needs to study and to define alternatives for handling water, should it occur, in order to protect Cinderella City. We need planning and an i mplementat i on p rogram fairly quickly. Mr. Overton reiterated his p revious comment that he wa s here, not to request funds, but just to get direction from the City Council for future action. Councilman Clayton asked if any definite p roposals for changes i n c hanneling of the creek, or other aethods, had been consider d. Mr. Overton s a id that the one possibl solu ion wa s to re-channel the c reek nor h alon g a nnock , assen i all y hrough the p re sent Cha b ar of Co• ere• facili y. Councilma n Sove rn stated tha w at s needed is an lternate ove rland flow course, ei her via a greenbelt area, or by using curren roadways. He said he w ole proble• s an e xtr emely coaple x one because it involves any proper ies and aany possi le al ern ives. • • • • • Mr. ed I shop, re resent ng h Colorado Cold, was present o ace• ay l , 1975 as Colorado Cold Day in ngl e Board ot Dir e or of a procl••• io procla •1 9 ood. cou CILMA IL SSINC OVED A D cou ClLM A aao I co DI A MOTIO TO A P OV TH OCL AMATIO OCLAIMING MAY 11, 197 Al COLO ADO OLD DAY l I OOD. c all 0 he oll. h vo • raaul ed as follo • • , -• 0 • 6 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Mr. Bishop outlined the background of the Colorado Gold and stated that the goal was to make this event one of the primary women's track events in the nation. Councilman Blessing said that Englewood is very fortunate in that the Englewood High School facilities are one of the best in the nation. * • * • • Rev. Fred Hahn, Pastor of the Immanuel Lutheran Church , was present. He asked if the p rocla ation approved at a previous eeting might be presented the last Sunday in June , which will end their SOth anniversary celebration . Council an Clayton, being a member of the congrega ion, was asked to represent th City for this reading of the proclama- tion. councilman Mann asked Rev. Hahn to clarify his prayer passage regarding Councilmen 's pay. Rev. Hahn stated tha he citizen• of Englewood 1hould be ex re•ely happy to have such d dicated public servants serving he Ci y at such low pay. • • * • • T e following co• unications were received in o the record. Minu es of the Planning and Zoning Co••ission ee ng of April 8, 1 75. Procl •ation Mc rcus Day• in the Ci COU ClOMA A MOTIO TO A P OV A 197 AS cxacus DAY I • her• n h ne o r ceiv ayor eclarin nglewood. CILMA MAYO ooo. May 14, 19 5 aa CLAY!'O D CLAIU was t • • ayo c:1rcu1 ha T ylor • U d nc • • 0 0 I l 1• \l • • ....... • - 7 •fxam x of advertising, and why should the City of Englewood back a proclamation for a circus. He stated that we could j ust as well have a proclamation for a sale at Penney's. Mayor Taylor stated that this proclamation will be officially presented at the opening of the circus on May 14th. He explained further that, while this may be a method of advertising, it is one which the City throu g h Cinderella City, •* can well use. He also said that the Cinderella Ci ty Merchants Association has been extremely helpful and cooperative with the City Council. ONES MOV~D AND COUNCIL~N CLA ON SECONDED A ROC~TION PR ~I~I NG MAY 14, 1915 IN THE Upon ~he call of the roll, the vote resulted Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Cla yton, Taylor . Nays: None Absent: None The Mayor declared the motion c arr ied . txxtxxtxxtxxt A procla ation by the Mayor declaring May 12th through May 22nd a• C lean-up, Paint-up, Fix-up Ti e i n the City of Englewood. A MOTIO A PR OCL AHATIO PAI T-UP, SOV R MOV 0 AND COU CILMA CLAYTO S CO D D AUTRO I ZI G TR MAYOR TO SIG 12 h TH OUGH MAY 22nd A CLEA N-UP , CITY 0 GL WOOD. qrea Councilaan Clay on said iaprove en aking lace in ha he wa s ha PY he co unity. 0 •• h councilaan leasing •• ed i t rash bags would avail• le. o re c or of Pu lie o k• said ha bags are no • urdy enough or hi• ype of projec • the enforc1n9 agency arr l• exceed l2 h• agency 1 ag and c y al • • • • • 0 - 8 Councilman Brown asked about the criteria for the picking up of branches by the City . Director of Public Works Waggoner stated that the City would like to have branches and twigs put into four foot lengths and put into bundles. ------Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Hann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. A report from the Director of Community Development on his attendance at a conference in Vancouver, B. C. Report from the Assistant City Manager on his attendance at a program budget seminar in Montreal, Canada. Report from the Assistant City Manager and Acting Director of Finance on the utiliztion of the finance personnel subsequent to data processing. Budgetary savings due to the moratoriu through April of 1975. • * • * * COUNCILMAN CLAYTO HOV D AND COUNCILMA BL SSING SECONDED A MOTI O TO ACCEPT A ID FOR PAVING DIST ICT NO. 22 FROM THE ROCKY OU TAI PAVING COMPA Y I TRE AMOU T OF $394, 80.52. Ci y Man• er Mccown • a ed that hi• bid waa way elow h• engineering •• i•ate of $550,85 .85. Direc or ot Public work• Wa oner • ated ha were no xc• ion• n th• bid. there Op o h• o • r aul ed • o llo a1 A a 1 c ounc: l rown, Clay on, T ylor. aya 1 Mone A • n 1 on• M yo de hr a onea, overn, an , leasinq, on carri d. • • • • • • • 0 • 9 City Manager Mccown presented items relating to the high school swimming pool and the need for an auxiliary boiler. He stated that with savings realized in the paving district, funds can be drawn from this area to help finance the City's one-half portion of the boiler. RESOLUTION NO. 22, SERIES OF 1975 A RESOLUTION APPROPRIATING FUND IN THE PUBLIC IMPROVEMENT FUND. (Copied in full in the Official Resolution Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE RESOLUTION NO. 22, SERIES OF 1975. Councilman Mann questioned the motion of the previous meeting which indicated that the City Council approve only one- half the cost of the boiler, and that the maximum would be the engineering estimate, seeing as the bid is above the engineering estimate. City Attorney Berardini stated that the City Council can change this decision. Upon the call of the roll, the vote resulted as follows: Aye s: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • • * • * COUNCILMAN BLESSING MOVED AND COUNCILMAN JONES SECONDED A HOTIO TO APPROV A D APPLICATION FOR A 3.2 BEER LICENS RENEWAL FOR TH 7-11 STOR AT 2705 SOUTH BROADWAY. Upon the call of the roll, he vo e resulted aa followa1 Ayes : Council Heaber• Jones, Sovern, Mann, Bleaaing, Brown, Clayton, Taylor. Nayes None Absent• one T • Mayor declared the ao ion carried. 011 • • • • • • Th M yor called a rec••• a 911 P.H. cou n cil reconvene a 130 P.M. upon he call of h h tollowin er• re1en 1 • • • 0 , . • 10 Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Absent: None * * • * • INTRODUCED AS A BILL BY COUNCILMAN BROWN. BY AUTHORITY ORDINANCE NO. 24, SERIES OF 1975 AN ORDI NANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF EN GLEWOOD, COLORADO AND THE C ITY AND COUNTY OF DENVER, COLORADO. (Copied in full in the Official Ordinance Book.) COUNC ILMAN BROWN MOVED AND COUNCILMAN CL AYTON SECONDED A MOTIO TO APPROVE ORDINANCE NO. 24, SERIES OF 1975. Co un ci lman Jones asked what the timing was for the Denver p ro jec t . Director of Public Works Waggoner stated that the i r p ro jec t was about ready to go to bid. Upon the c all of the roll, the vote rfts ulted as follows: Aye s: Co uncil Members Jones, Sovern, Mann, Blessing, Brown, Clayton , Taylor. Nays : None Absent : None The Mayor declared •••••••••~•• the aotion car ri ed . * * • • Ci t y Attorney B rard ni preeen ed a 111 for an Ordinance a do ptinq an aff raa ive act on p r o ra for h Ci y of nglewood. He outlined in brief the back round for th• affiraa ive action Bill, and how he Federal Ac provieiona apply o eaploy en in the City. He etated th• he Federal Ac do • no requir any quot••• bu doe• indic• • h• oala u• be •• abliahed. Council an ann quee ioned hat are in he Bill for Ord nance. he qoal• ••• th the ord nance. He •• d ha aka ice only, bu aue include ical •r••, wh T ie ie c i ro oli an •• • • • 0 - 11 They compromised between the tandard ~tropolitan tatistical t-rea and Englewood statistics. Ci ty Attorney Berardini reiterated that the Federal government prohibits the use of quotas in hiring practices and said that this is the first ordinance where he has seen the goals stated in ordinance form, most are stated in resolution form or policy form. He stated that this is a good practice in that it establishes affirmative action in the Englewood Code. INTRODUCED AS A BILL BY COUNCILMAN BLESSING. A BILL POR AN ORDINANCE REPEALING AND REENACTING, WITH AMENDMENTS, SECTION 3, CHAPTER 1, TITLE V OF THE 1969 E.M.C., EQUAL EMPLOYMENT OPPORTUNITY AND FAIR EMPLOYMENT PRACTICES; PROHIBITING DISCRIMIN ATI ON IN XK EMPLOYMENT; AND ADOPTING AN AFFIRMATIV ACTION PROGRAM FOR THE CITY OF ENGLEWOOD. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE DEALING WITH EQUAL EMPLOYMENT OPPORTUNITY AND FAIR EMPLOYMENT PRACTICES , AND ADOPTIN G AN AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF ENGLEWOOD. Councilman Brown read passages from a book, "The Balancing Act" by Roche. He stated the book relates to Federal government intervention in practices in university hiring and stud nt acceptance. He said the book is frightening in what the Fed ral government is doing. He said that if it is happening in the high r education areas, it could well happen in the cities. He read passages giving the background of civil righ s legislation, and said h hopes the HEW will not cu out Federal aid to the City of Englewood if the City did not ee quo as established as qoals. He said he is for equal rights, but the Fed's should no force quotas on local govern ents. Council•an ann stated that he, too, indica ed ha this type of le isla ion is jus Federal black ail. is concerned, and ano her for of he u. Manaqer City Manager Mccown read a policy state ent endor eed by Civil erviee Co aission in regard 9oals iae ables ha t ere ia no change a x a •••• qu red in the eraonnel prac ces •• hay eurran asked hy a need c ty he oasi 11 y exia und• f va did no hav ha F deral an atfiraat v n at c • h a y e ot rogra al Code and ha aeauae of race. • • , • • 12 City Manager Mccown stated that the important question is a moral one, and said that the City has a moral obligation to commit itself to this program. Councilman Mann stated that he cannot agree on the moral obligation involved. The Federal government is, in fact, telling us to adopt this program. Councilman Sovern said that there are various types of action, one being overt, and one being covert. The Federal government forces ~.c-~ through the cutting off of Federal funds. He further stated that the Federal government has stepped in in areas where local governments have not recognized a problem and have not done their job. City Attorney Berardini said that those who feel that they have been discriminated against have their remedy in the courts if they so desire. Councilman Brown reiterated that he fears goals because the Federal government could sometime in the future enforce their desire. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Blessing, Clayton, Taylor. Nays: Council Members Jones, Mann, Brown. Absent: None The Mayor declared th motion carri•d . • • • • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN. A BILL FOR A O DI A C APPROVI G AN AGREEM NT BETWEE TH CITY AND COUNTY OF DE V , COLORADO, ACTI G BY AND THROUGH ITS BOARD OF WATE CO KMIS IO CITY OF E GL WOOD, COLORADO. Coune l••n he legal iaplica ion• H • a ed • while • ndard in tora, her OV R MOVED A D COU CILHA 5 COND D ILL ro A 0 DINA c APP OVI A AG BE- or B GL WOOD A D T CITY AND cou TY or overn ••ked h• h City Attorney review ot croaain9 ot eondui • in Va er aaina, h agree en we h ve here loo • 0 be r• 1a not • •ahov cauae• elauae in tor e tu u • reaoval ot u 11 iea. H •• •d it ,.,. are, in tac , givin c. her he • • , ...... • • 0 • 13 away any rights, a subject which should be investigated more thoroughly. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion ca r r i e d . • • • • • City Attorney Bera rd ini o ut lined the background for the lease &•••*•••••• agreement requirement with Ambrose Williams concerning Park and Shop lot ne a r the old Police/Fire Center, and stated that the lease cannot exceed 20 years under the provisions of the Charter. The lease, as proposed, is essentially the same except that it provides for a 20-year duration. He stated that the City has retained air rights and sub-surface rights on the land. If the City so desires to develop the land, the parking can be provided at another level, be it above or below ground. He said this is an important part of the lease. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO AUTHORIZE THE MAYOR TO SIGN A LEASE WITH SHOPPING CENTERS COMPANY WITHIN THE BOUNDS DESCRIBED IN THE LEASE . In answer to Councilman Mann's questions, City Attorney Berardini stated that there is no cash payment made to the City. Consideration is ~ade in the form of main t enance of the lot. In the event the City desires to break the lease and develop the land, the primary provision of the lease says that the City will provide parking at any level and that they should give reasonable notice if they do plan to make this type of development. Re also said that this lea1e will la1t for 20 years and it cannot last any longer because of the Charter provisions. Upon the call of th• roll, ha vote ra1ultad as follows• Aya 11 Council Naaber• Jonas, Sovern, Mann, 9lassing, Brown, C layton, Taylor. Nay1 r one Absan 1 one The Mayo declared the aotion carried. * * * * • • ...... • • • 0 • 14 City Attorney Berardini notified the City Council that Assistant City Attorney Dan Ramsey had submitted his letter of resignation. He stated that the attrition rate in this position should be e x pected to be high because it is essentially a learning position for a young attorney. * * * * * City Attorney Berardini reported on the Caroline Weist case, which involved a challenge regarding assessment of property and the proportioning of costs for an asses ment. He said that the legal doctrine established is an important one for the City financing. * * * * * City Attorney Berardini reported that an appeal has been filed on the Arap's Restaurant 3-way liquor •JJt license application. Mayor Taylor asked that a check be made on the building permit which is currently at that building. * * * • * RESOLUTION NO. 23, SERIES OF 1975 A RESOLUTION AWARDING BIDS FOR THE SALE OF SPECIAL ASSESSMENT BONDS TO FINANCE PAVING DISTRICT NO. 22. (Copied in full in the Official Resolution Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE RESOLUTION NO. 23, SERIES OF 1975. Councilaan Blassin9 questioned if he sh ould partic pate in be vote on this, bain9 as the Moore in Kirchner, .. • Moore and Company who won tbe bond bid is a distant nephew. Councilaan Clayton stated that he should only make it a matter of record in the minutes. Upon the call of the roll, the vote resulted as follows: Ayes • c ouncil Meaber1 Jon••· Sovern, Mann, lessin9, arown, Clayton, T ylor. Naysz one Absen 1 one Th• Mayor d clared he •o on carried • • • • • • • • ...... • • • • 15 ••••••• INTRODUCED AS A BILL BY COUNCILMAN CLAYTON. A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DI ST RICT NO. 22, FOR THE CONSTRUCTION AND INSTALLATION OF STREET PAVIN G, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS, IN SAID DISTRICT; PRESCRIBING THE FORM OF THE BONDS1 AND PROVIDING FOR THE PAYME T OF SAID BONDS AND THE INTEREST THEREON. COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE AUTHORIZING ~HE ISSUA CE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD FOR PAVING DISTRICT NO. 22, ••• AND SETTING A PUBLIC HEARING FOR MAY 19, 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clay ton, Taylor. Nays: None Absent: None The M yor declared the motion carried. * * * • * In response to previous Council request, City Manager Mccown outlined the costs for putting together and publishing and sending out the Englewood Citi zen Newsletter. The approximate coat per issue is $1,615.00. Ci y Manager Mccown hanked the Boy Scout Troop o. 92 who helped in the processin of the las ewsletter for their public service project. COU CILMAN MANN HOV D AND COU CILKA SOVE S CO D D A MOTION TO INITIATE A PROGRAM TO PUBLISH TH E GLEWOOO CITIZE NEWS LETT VERY OT H R MONTH . Upon th• call or th• roll, h• vote resul ed as follows• Ayes1 council "••bera Sove rn, Kann, llessin9, lrown, Clay on, Taylor. N Y•• Council Me• er Jones. Absen 1 None. The M yor declared he ao on carri d. • • • • • • • , • • 16 City Manager Mccown presented a memorandum from the Director of Utilities relating to Supplement #49, Southgate Sanitation District. Councilman Sovern stated his concern that he did not want the City of Englewood to approve taps without the corresponding approval for zoning in that area, because in his experience~elopers will ~'!§~ .t)le acquisition of taps as a lever in !~-Zavorable/1~ir project. He stated that the City should respond to the desires of the County by providing sewer taps in those areas where they make changes in the zoning. In this way the City has fulfilled their responsibility. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE CONDITIONALLY , UPON APPROVAL BY ARAPAHOE COUNTY, OF THE ZONING OF SUPPLEMENT #49, TO THE SOUTHGATE SANITATION DISTRICT, AFTER RESPONSE FROM ARAPAHOE COUNTY THAT THE ZONING IS APPROVED. Councilman Mann stated that he felt that the developers should have plans for the area before sewer taps are approved. Councilman Sovern stated that we are, in effect, saying that we will not issue taps until zoning has been approved by the Arapahoe County Board. Sovern tap s. and no In response to Councilman Clayton's question, Co uncilman stated that this applies only to sewer taps and not to water He also said that the City Council is here to provide service to affect zoning of,areas outside the City. Upon the call of the roll, the vote resulted as follows: Ayes : Cou n cil Me b rs Jones, So vern , Mann, Brown, Clayton, Taylor. lessing, Nays: None Absent: None The Mayor d clared the otion carried . A MOTt AN ALT COU TY-WJD COUNTY-WID PURPOSI 0 D V LOP • • • • * TAX, ANO THAT HE 8 ICH OULO S AC 0 TH IOV R ClL AN D • • • - 17 Councilman Sovern asked i~ City Attorney Berardini to prepare a legal opinion in the event that the Coun ty is able to pass a county-wide sales tax, because it would have tremendous implications for the City of Englewood. He also asked that information be given to Councilman Blessing so he can better prepa re himself for the participation on this committee. He should have knowledge of the options and the powers which the City has. Ci t y Attorney Berardini stated that one of the biggest questions is, does the County have the power to repeal the one cent sales tax that Englewood currently has. Councilman Sovern stated that he doubts w~ether the 7 1/2\ sales tax has any political feasibility. If something like this did pass, it would be very damaging to the City of Englewood. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The May or declared the otion carried. * * * * * Ci ty Manager Mccown e x plained a memorandum from the Colorad o Municipal League relating to proposed Mountain Bell rate increase. The CML has asked that cities participate financially in opposing he Mountain Bell rate increase. He stated ha in a 19 8 case , the fees which were paid to the CML for he sa•• purpose were re urned to he cities. If the s e decision is reached in hi• case, the funds requested will again re urned. Por he Ci y of n lewood he co• will be approximately $900. SECO OED A MOTIO IN OPPO T A he does no see why the nq this 0 , because th• ci iaens. I ••••• unnecessary ha he PUC should b doing. pon h• c 11 o t roll, h VO e re1ul •d •• follows1 • • ...... • 0 • 18 Ayes: Brown, Clayton, Council Members Jones, Sovern, Mann, Blessing, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * • • Councilman Sovern stated that he would like to see the City Manager develop a cost survey on getting a study done on the water flow through all of downtown Englewood. Councilman Jones stated that we have already spent a substantial amount of money in this area. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO INSTRUCT THE CITY MANAGER TO PREPARE A SCOP E OF WORK FOR A DRAINAGE STUDY WITHIN THE CITY OF ENGLEWOOD ALON G THE LITTLE DRY CREEK AND THAT SOME NEGOTIATIONS BE DONE AND REPORTED BACK SO THAT CITY COUNCIL CAN DETERMINE SOME SORT OF COST. Up on the call o f t h e r o ll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Bles si ng, Brown , Cl ayton, Taylor. Nays: None Absent: None T he Mayo r declared the motion c arried. * • • * • Coun ci lman Mann reported that Councilman Jone • an d he wen up t o Ke ys ton e for a Colorado Mun i ci p al Lea g u e a e i nar on Thu r •day nd Frida y , and he wil l p re p are a re p ort fo r the Ci t y Council. * • • • • Councilman Clay on repor ed on the uae of he City-owned bua o ranapor •~• people o the Mayor '• coffee . COUNCILMAN CLAYTO OVID A D COUNCILMA A MOTION TO APPROV USE OF THE CITY ANO THE S T ANSPO T CITIZENS TO THE MAYOR'S corr s FOR TH Council••n Ma nn inquired •• to h e inaur a nce. Clayton • a ed that he City Mana9er aaid tha he Ci y Senior urrey are cover e d tor hi• purpoa CO OED TO TI CS. Council •a n 1 and he • • , ....... • • • 19 Mayor Taylor as k ed that i f an o pening made that the program for the next Mayor 's coffee wi l l pertain to storm drainage. Upon the call of the roll, the vote resulted as follows : Ayes: Council Members Jones , Sovern, Mann, Blessing, Brown, C layton, Taylor. Nays: None Absent: None The Mayor declared the mot io n ca r ried . * • • * * Councilman Clayton asked that the C i ty Purchasin g Agent look into the purchase of new chairs again. Re said he had found a source where chairs can be p ur c h ased at a far lower price than the $64 per chair initially quoted. Re also said that the City Coun c il c hambers would only need 18 or 24 of these chairs and he had the information available as to the source of his q uote. CO UNCILMAN CLAYTON MOVED ANO COUNCILMAN BROWN SE CO NDED A MO TI O TO INSTRUCT THE CITY PURCHASIN G AGENT TO RE-INVESTI GAT TH E COS T F OR CHAIR S FOR THE CITY COUNCIL CHAMBERS. Coun c ilman Blessing reminded the Council that there i s p r es ently a study under way to consider the renovation of the entire c hamber s . T his might be a p os s ible duplication of effort. Up on the c all of the r o ll, the vote resulted as f ollow s: Ayes: Cou n ci l Me a ber s J one s , S overn, Brown, Cla y t o n . Na ys: Co un ci l Member s Mann, Ble ssi n g , Taylor. Ab se nt s None The Mayor declared th • motion ca r ried • ••cell• * • Mayor Taylor s a t d pro9raa a the las • * • • • ha Counc laan Sovern gave an Arapahoe Coun y Mayor 's •••ting. • COU CfLMA A OTIO TO AOJOU as follow•• IL ll C HOV D AND COU CILM A JO S CO ND D Upon he call ot he roll, the vo • reeul ad • . • • - • • • • 20 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the meeting was adjourned at 11:05 P.M. Deputy City Clerk ' • • - ) • • • ,, •_!Q!d!!!Q~ WK£JU:AS, i •truction and •i ewal >. City counc il publi•hed 1>nds !or the con- c:urb and gutter, and been forwarded to wbO might b i d on notice of •ale has been banking firms, bank• and others e i••ue of bonds1 and Wl!EllEAS , al l bide for the purchase of the ·bond• which vere rece i ved prior to 2:00 P.M., on MOnday, Mey 5, 1975, heve h~en opened and tabulated, and con•idered by the City Council: and WllEJtEAS, i t i• in the beat interest of the City to iaaue and sell sai d bon~• to ~_,_/C?f.1.~,.0:::::::..o~ei:::<.:::i~~"°"""-~·~7"?1--!-?c....::..~:...:..-= ~~~A.-r<""'"-""-~_..;r>~',.,...~~~~~~~-· the beat bidder therefor, in accordance with their propoaalt H I'r llESOLVED BY TD CITY COUNCIL OF TllS CITY OF IPIGLEWOOI>, COLOUDO 1 bond• of t.be City of i . That special ••••••,..nt Snglevood for Paving l>i•trict No. 22, in tha principal a.>unt of $721,000. be i••ued and •old to ~_../~~"""'""'~c..::.~"-"'~:;,.·~/!~:;/;'-"''~ ~~~"2:..;:.,..::::::::;....._;;I'.'.?.>:::::::;._~~~~~~~· th• beat bidder for the purcha•• of the bond•· J. That th• city council and officers of th• city ,,.., of Englevood are author i ~ad to o C09Pl• a a delivery of th do any and all thing• necaa•ary bond• to the purchaser thereof. llUOLUTIOM ADOPTED A My, UH . (S IAL I I> Al'PaOVEI> Thia Sth day of • • • . • • - • • • • ~~!Q!d!.!!Q'! WHEREAS, in order to provide funds for the con- struction and installation of street paving, curb and gutter, and sidewalk improv~ents within Paving District No. 22, Ule City Council has determihed to issue special assessment bonds of the City, in the total principal amount of $721,000; and WHEREAS, notice of the sale of said bonds has been publ ished in tha time and manner required by law; and WHEREAS, a copy of the notice of sale has been forwarded to investment banking fir111S, bank• and others who •ight bid on the issue of bonds: and ll!IEREAS, all bids for the purchase of the ·bond• which were received prior to 2:00 P.M., on Monday, May 5, lt75, avr een opened and tabulated, and considered by th• City Council 1 and IQIEIU:AS, it is in the beat intereat of the City to ias,.. and aell said bond• to ~~~~~~~~~~~~~~~~-· the beat bidder therefor. in accordance with their proposah U IT RESOLVED BT THE CITY COUNCIL OF TU CITY OF J»GLJ:WOOD, COLORAD01 1. That special ••••n-nt bonda of tba City of JCnglevood for Paving District No. 22, in the principal amount of $721,000, be issued and sold to ~~~~~~~~~~~~~- purchase of the bonda. 2. That the City Council and offican of th• City to do any and all things nac:aaaary • bond• to the purchaser thereof. of Englewood are authorized to coeplata th• delivery of ltUOLUTlOM ADOPTED AND APPROVED Thia 5th day of ( I Ii AL Mayor nanc a -. ' • • , -• • • WKERE~S. in order to provide funds for the con- atruction and installati on of street paving, curb and g u tter, and sidewalk improvements w ithin Paving District No. 22, the City Counc il has determ~hed to issue special assessment bonds of the City, in the total principal amount of $721,000: and WHEREAS, notice of the sale of said bonds has been publ i shed in the time and manner required by law: and WllERE1.S, a copy of the notice of sale has been forwarded to investment bankinq firms, banks and others who miqht b i d on the i ssue of bonds1 and WllEREAS, all bid• for the purchase of the ·bond • which were received prior to 2 :00 P.M., on Monday, May 5, 1!75, have been opened and tabulated, and considered by the City Council: and ~s. it is in the beat i nterest of the City to issue and sell said bond• to ~~~~~~~~~~~~~~- ~~~~~~~~~~~~~~~~-· the beat b i dder therefor, la accordance with their proposal; U .IT RESOLVED !IY TRI! CITY COUNCIL OF TU CITY OF lllGJ.!WOOD , COX.OltADO : 1. That special a •••••-nt bonds of the City of &n9lewood for Pavinq District No. 22, in the principal &J10unt of f721,000, be issued and sold to ~~~~~~~~~~~~~ purcbsse of the bonds. 2. That the City Council and officers of th• City of Sn9lewood are authorized to do any and all thin9e necessary o cc.plat the dell.very of the bonds to the pure eser thereof. Jt£SOLUTIOli ADOPTED ANO APPllOVEO Thi.a 5th d ay of May, 1'15. I I I A L yor nanc e • • ' • • • 0 • .. WHEREAS, in order to provide funds for the con- at.nsction and installation of strl!l!t paving, curb and gutter, and aldcwalk improvements within Paving District No. 22, Lhl! City Counc il has determ1 ed to issue special assessment bond• oft.he City, in the total principal amount of $721,000; and WHEREA S, notice of the sale of said bonds has been published in the time and manner rl!quired by law; and WHEREAS, a copy of t.he noticl! of sale has been forwarded t.o invl!stment banking firms, banks and others who might bid on the issue of bonds: an d WllEREAS, all bids for the purchase of t.he ·bonds which were receivl!d prior t.o 2:00 P.M., on Monday, Kay 5, 1975, have been opened and tabulated, and considered by t.he City Council; and WHEREAS, it is in t.he beat interest of t.he City to issu and sell aaid bonds to ~~~~~~~~~~~~~~~~· t.he best bidder therefor, in accordance with their propoaal1 • rr JU:SOLVED BY THE CITY COUNCIL or THE CITY or ENGLEWOOD, COLORAl>O: 1. That. special aaaeaa11ent bonds of the City of t:.n9levood for Paving Dia riet o. 22, in the principal a100un of $721,000, be issued and sold to ~~~~~~~~~~~~~ purchase of the bonds. 2. That th City Council and officers of tl>e City of to May, 1 '7 . I I AL I A'l'T IT : au horized to do any and all things nee 1sary livery of th bo"4s to e pure 1er reof. IO ADOPTED AND APPllOV1l> n.u St.h day of yor -. • • - ( • ( • • I• • !~~Q.!d!.!.!.Q.!! WHEREAS, in order to provide funds for the con- atruction and installation of street paving, curb and gutter, and sidevalk i.lllprovl!Jllents within Paving District Ho. 22, th• City Council has deterained to issue special assessment bonds of th• City, in the total principal amount of $ 473 ,0001 and WREJIEAS, notice of the aala of said bonds ha.a been publiahed in the time and manner required by lav: and WHEREAS, a copy of the notice of aale has been forwarded to investment banking finaa, bank• and others who aight bid on the iaaue of bonds: and WllEJlEAS, all bids for the purchase of the ·bonda which vera recaived prior to 2:00 P.M., on Monday, Jlay S, 1'75, have been opened and tabulatad, and considered by th• City Council: and wua&AS, it is i.n the beat intereat of the City to iaaae and •ell aaid bonds to Kirchner. Moore and Company , the beat bidder therefor, in accordance with their pro~al1 u rr USOLvm BY :ru: CITY COUNCIL or TllZ CITY OP am.&WOOD, COLOltADOt 1. T!lat apeci&l asseaa-nt bonds of th• City of .Englewood for Paving J>.i•trict Ho. 22, i.n the principal amount of f '7 , 000, be iaaued and aold to Kirchner, Moore and Co pany , th• l>Ht bidder for the p-.rch••• of the bonds. 2. That the City Council and offic.n of the City of &r19l-d are a uthorised to do any and •~ll thift9e necenary to ccaoplete the 4eli••ry of the bonds to the purchaser ereof. USOU7fIOH Al>OPTllZ> »ID Al'PllOVEJ> Thie Stb day of .. y. ins. (a SAL ) LTOr bfre -. • . • • -• 0 • WHEREAS, in order ~o provide funds !or the c on- atruction and i n 1t.a l la ion of street paving, c urb a nd qutter, and ai d walk i mp r ov e men t s w 1 in Pavin9 Di a ric o. 22, Lhe City Cou n cil h as de t el"JT\1 e d to issue spec ial aaaeasment bonds of the Ci ty, in the tota l principal amount of $721,0001 and WHEREAS, notice o! the aale of sa i d bonds haa been published in the time and manner r~uired by law; and WHEREAS, a copy of the notice of sale has been forvarded to investment banking firms, banks and others who might bid on the issue of bonds; and WHEREAS, all bids for the purchase of the ·bonda which were received prior to 2:00 P.M., on Monday, May 5, 1975, have been opened and tabulated, and considered by the City Council; and WHEREAS, it ia in the beat interest of the City to issue and sell said bonds to ~~~~~~~~~~~~~~~~' the beat bidder therefor, in accordance with their proposal1 BZ .rr RESOLVED BY THE CITY COUNCIL or THE CITY or ENGLEWOOD, COLORADO: l. That special aaaeaament bonds of the City of 'Englewood for Paving District No. 22, in the principal amount of $721,000, be issued and sold to ~~~~~~~~~~~~~- purchase of the bonda . 2. That the City Council and officer• of th• City o f Englewood r e author l %ed to do any and all thing• necessary t o l •t• t h e de l very o f the bonds o the p u re eaer thereof. SO LUTJO AllOl'TEtl AND APPROVE%> Thb 5th day of (IZAl.) Mayor • • ' • • , ( ( • • ( • • 0 • Ai «DA F'""l THE RELiUL R l'FE l l OF THE ENG I EW0 1 t' 'IT { our. TL HAi >, 1975 7:30 P.M. Cal l to o rder, !nvo cation by Re verend F red rlahn , Immanu el Lut he r a11 Ch urch , 3695 South Acoma, pledge of al legiance by dl e Bird Troop 207 , and roll call 1. Minutes. (a) Minutes of the regular meet ing of April 21 , 1975. (Copies enclosed.) 2. Visitors. 3. Aa) Mrs. Marie Kincaid , 2032 West !~am ilt on Place , of the V. F. W. Auxi l iary, will be pr sent to receive a proclamation by he Mayor con- cerning the annual sale of Buddy Popp ies. (Co pies enclose .) .,(b) Dr. Sandy ~armer, Arapahoe Co nty Mental Heal h Center, will b e presen to discuss a request for funds. (Co ies e closed.) ,,(c) Mr. Glen Carson, o f wi ll be pre ent o req of July c lebra ion. Jaycees , o the th ~) .., . Sid Over e>n, Co-Ch 1rm n o f the Horizon Commi e o th Cen 1r.1 l-B1-C n nnial Committee , will b pre en o jisc ss Li le Dry Creek. e) y 18 • er or one -No A ion a or th Pl Co n1o 0 A l nc o e .) ' • • -• I• - page t!. May 5 Agenda 3. Comrr. v<b) iLic.1s l\o Actio n Recomm ••nded (Cc r1 inue>d). l uc l a mat i un by the May or dL laring J JI', 1975 as "Circ us Day" in he ity of Englewo c (Copies enclo sed.) vlfc) Pro clamat o by the Mayor declaring May 12 h hrough May 22nd as Clean-Up, Paint-~., v(d) v<'e) t!r) and Fi x-Up Time in the City of Englewoo ( opies enclosed.) Report from the Director of Community Develop- ment on his attendance at a conference in Van cou ver, B. C. (Copies enclosed.) Report from the Assistant City Manager on his attendance at a program budget seminar in Montreal , Canada . (Copies enclosed.) Report from the Assistant City Manager and Acting Director of Finance on the utilization of the finance personnel subsequent o data processing. (Copies enclosed.) Budgetary savings due to the moratorium through April of 1975. (Copies enclosed.) 4. Communications -Acti on Recommended. a) Mem orandum from the Direc or of Public Works and the Purchasing Agent concerning the award of id for Pavin District 122. (Copies enclose . ) ~) Le ter from Donald Har er , h Englewood chools, to cerning bids on th ux111 high school s wimmi n pool . ...(c;) Reper from he Assis an i y ing possible sourc s of fund costs for an auxiliary boll r (Copi s enclosed.) d) Applica ion for a v n-El ven or ( ouncil Ac 1on R . ) rn- l for 5. Ci y A torn y. ( ) Ordin nc a on 1n l R a 1n /(1) • • , -• I• • page 3 May 5 Agenda 5. Cit Att.orn , '~ .1t inue dl. (b ) Bill " t >r O·di nancP<::: / ( i) ./ 11 l ( c ) Other v<i") v(11 ) /c11i) {iv) (d) Ci y A appr ovin g an ffir . a ive action pr"gram \).._.,.. .. , .. ,._ o r he Ci y o f • •p 1 woo d. ( Copie :o enr losed .) approv ing an agreement between he Ci t-y ~ 1">'-'" r1 3 n Cou nty of Denve r acting by and ...... hr o g h the Boar of Water Commissioners. (Cup ie s o f Bill for an Ordinance and Me mo r andum rom the Director of Parks a nd Recrea ion enclosed .) Matt ers: Copy o f final lease agreement with Ambrose Williams conce rning Park and Shop lo near the old Police/Fire Center. (Copies enclosed.) Letter from the Assistant City A orney to the City Attorney announcing his resignation effective June 6 , 1975 . (Copies enclosed.) Repor by the City A orney on the ou come of the Wies enclosed.) case. (Copies Repor by he Ci y A orney on he appeal of ppl cat i on f or 3-w ay liq or license by Ar a 's Res ran an Lounge. orney's Choic - • • • • page 4 May 5 Agenda 6. City Manager (Co n tinued). v"("d) Memorandum from the Director of Utilitie s to the City Manager con cerning zoning procedures in Arapahoe County. (Co pies enclosed.) ,.......(e) Consideration of an appointment of a member of Council to the county committee on c o unty wide sales tax. (Copies enclosed .) (f) Request from the Colorado Municipal League for the City 's participation in the Colorado Municipal League sponsored action opposing a proposed Mountain Bell rate increase. (Copies of a Colorado Municipal League report and a memorandumfrom the Communications Supervisor concerning effects of increase on the City of Englewood enclosed.) (g) City Manager's Choice. 7. General Discussion. (a) Mayor's Choice. (b) Council Member's Choic e . 8. Adjournment. L (k l !JM ; /'/ ( ANDY COWN City Man er • ' • • t •. -• • I '/. wtC ?: kyc-J::.. c'ev ROLL CALL Pu:ocr-?.,8 1.t:.? ,:J.07 Moved Seconded Aye Nay Abstain Absent Jones (. Sovern I Mann I Blessi= \ > Br own I Clavton I Mavor Tavlor \ ' • • • -• • ROLL CALL Moved Secon(j ed Aye Nay Abstain Absent ' Jones c ~ overn J x ·~"" ' I( ~l ess1nu J Brown { I Cl avton I 1 I u .. vor Tavlor I <.. ' • • , - • ROLL CALL Moved Sec ond d e Aye Nay Abstain Ab sent >< Jones I : overn r !llR ,., \ 1:1 ess1ng I lrown ( -Clavt on "" , Mayor Tavlor L • • , • • (• • ROLL CALL Moved Seconcj d e Aye Nay Abstain Absent Jones Sovern Mann BlessTr!R Brown Clavton MRvor Tavlor 5-;oru4 -5t,.~ f.ul..\ .._ ~"-~tH~ t~ ?~~r;~~ ~ -/.-r ,.:u .. c.. ~LL_ I fo,-a-~~.,.~-~2..- rPtc u,.1 , -~I. ~ ~J [.,i.L f I J~ M , ,/-(Jr I',.... , ....., r. -:. _,,•I (.../WA. ,/~ ~ .. L .:3 -- ., z ,._.;i; ..... ,._{L ~,..,, ..._ t " Ci • , l d lfi /, . :..(.. .. r ' U l"(/1- • . • • , - • t• • Aye Nay Abstain Absent lr Jones v Sovern v Mann .,., -...c Bless1rur / Brown v Clavton v Mayor Tavlor ,/ ~'-;~ J-1--;~-r,f ~ ' ~ f-,4-Mfl-d.. ~ ~1-:: :: ~~._.._...~-.---1;·~ ,~~~~~ ~-~ ~ k £~ r JtJAd. ,4 • • , - • • :;- RO LL CALL Moved Secorn~ed Aye N ay Ab t 1 s a n A bsent Jones -Sovern r..,..nn Bl essinll mown Clayton I Ma:; or Tavlor ~ .u..~~ wt?~ tu;_,__ fL.4 rwe v~-1 £/~ .. u.. t,'c.fU.<.~ 1 ~7 ~ ~'Y · • • • - - ~~ I~ t2.-'\ 1.bved Seconded • • • ROLL CALL ~ -<~~ a,.L ~(._ Aye Nay Abstain • l Absent ' • • -• 0 I• • 7 Moved Aye Nay E. stain Absen t /:" x Jones &>vern MATITI ~1 ess1Jllf .c~own Clavton MAvor Tavlor '"fl~ ~;~ a~ (fA S f." N tU5 v ,,,, r( ./ v r( v ~~ /Jrt /. i 1 Cit -i~· I' <'.'" a1...,, -1-r l,.K. ........ -.. 111 ~~ ,,,t fl.-~o/'~ j 4.trl~ ~&uL. ksla"'f h1f.dc~ . ~ 'f 1~d 4/;~ ( ~ t../r/, f; !. 1.-Ii.. ,( ' • • , • -• t• . ' • ROLL CALL Moved Seconded Aye Nay Abstain Absent Jones sovern Mann R1e ss1rur Brown Clavton Mavor Tavlor ' -1-,, -' ''i:f f.4.W f ~ ~. ''-/~.._~. (Jui r.; ,.J-~, "'~' l, ~ ? (Vl. I-. {111., < t" ~ u.#~.:s • • • • , • - • ROLL CALL Moved ~~/-- Seconded Aye Nay Abstain Absent Jones , -Sovern \ Mlill1l I JC Blessing I v-ll"rown y Clavton I MB.yor Tavlor 1 1-h-r,__ .f..o ~ ~-':> c;.... ~'t-~~~~--" ev-£,,,.J-~ r~ -/U-~C- ~I ~-r;I. ;::._ ~1 l u...--- t~ ~d; AA t/ff{) I~ .___ tu --h_ ,J.._ TJ.Jl -:;-.. 1v4 _ ~f(~ ~ .-/. µ... I C:A-l...£.. -• a..-<.<.__ s ~; { '(A.. I ,..._ ,. w ~(,. ... _ /"..; .... _ c; <( ': (..; '-" 'l , ........ l:. I I' ' ( , ... <, ,I. • • • •. -• • /t) ROLL CALL Mo d s ve econc1ed Aye Nay A bsta 1n A bsent Jones .sovern Mann Blessirur Brown Cl avton Mavor Tavlor • • , • 0 I• • ---~~====--: --==--=------- Moved Secon~ed "' ~ ........:'. ?, Vt 1J 1J - ROLL CALL e Nay Abstain Absen t Jones { Sovern \ Mc.Tin \ Ble ssing I Brown Clavton l Maver Tavlor . 6 c- If.A o t<.h-<-/ I .;-<. • .._ C!..6-"' t / I · L- ;>u~~ 1., ,,.....,.,, J U»1 CZ? {· ;J /1-1 ~ jt'-( f;l_. u,I Jwf ~ i ~ ~ )/!/ I 7- (j,. ~ JV--s-iu f ~ I/ .. • • • - • I • ·, • ;;;.. RO LL CALL ~ e--~h-._ &~ Moved Secon4ed Ay e N a y Abstain Abs ent Jones I x' ""Vern I wmn \ ~1e s s1ng l ~rown I "' Clavt on ,. M'Av or Tavlor ' HytTlV -{Uft~ UM h-._ ~~ ~ ~ f~ 0A... ~~-c:,- "'f A41wtL -~ ... ~''"~ f r I 0 ~f'-'t4. l v. u.~ /.. t~ +{t...CI'--Wk /J "-"'/"' ~ '-i ;J~ { l .. -(,,, .. ~ L & I ,.,, . • • • • , • ~---~-------• . , - • t~ • 13.... ROLL CALL Moved Seconded pf) :P i.. '-j Jl M 1J~ \ ~q..//1Yo. ~z.-Aye Nay Abstain Absent Jones / .<:t>vern ........_ MJ\1li1 I ~ Blessing f Brown I ~ Clavton \ UAVor Tavlor I .. I • • • •. -• • Moved Seconded Aye Nay Abstain Absent Jones " x_ Sovern J .'7 MAnn I Bless1.M l Hr own ' ClaVion / MAvor Tavlor "- I --j~--z- • • • • • -• I• • /.;;-- ROLL CALL /-t I Moved Seconded Aye Nay Abstain Absen t .......... Jones / 5<>vern I..... Mann I ~ Blessing I Hr own Clavton Mavor Tavlor • • • • -0 I• • (} ROLL CALL K-~&-Jw~ !(.· 3-e; Moved Secon4ed Aye Nay Abstain Absent Jones r ) Sovern '\ Mann ' tues slng I Brown I Clavton ) Mavor Tavlor .. • • • -• I• - 17 ROLL CALL Moved Secon4ed Aye Nay Abstain Absent Jones 1 So vern I M8Ilil \ Blessirur I ........ Br own I ,,,-Cla vton \ MA vor Tavlor ' ' J o-"'.J- c l ' ~Ji,..u_·t / • 1.' • L "fi.v.L-/ (.,,,/ f(u. t.m 4t ~;! u~f fl,,/ ls • • • , . I -0 I • • Moved Seconc!ed Abstain Absen t It-~-f l ..., i "'~ ... (J.r..w..c...-l~ i.v.-1),,u..A. r 6.-w /. ,-t/J'v";,. ~\... J ~ ~,.+{~ ~l~~ ,lfldS~ l(,l...L...., r w,~f. "'"rm. J II ~{ b) ~ .A ~~ ~L ~,J "-b> --r / ,,1,.-~' 1. ' " t ,. Iv . t,_._.(. f t.. -,r; r ' ~ ~ t; .. ~ ~.~'-C.< "> a.., ,;.,. fl! #' ;A. t.,t • • -0 I • • ROLL CALL Moved Seconij d e Aye Nay Ab stain Absen t Jones ::>o vern Mann Bless jng Br own Clavton r.•Avo r Tavlor /J l)f} -h ........ ~ -ho • J«.,.f ~~ 4r#J ,,.(- Ir::"' v H111.t!..Lu.L .t L.-L . ,lh./ t.>-f -',It<~ ~~ ( ') ~ t~<Jrd~ ~ "', ~ '( tJ,~ e.w J .f.,.~ &..... •• ).Jo ~ -i-t.. Ci J;~JZ~,. - l , f . 1) { • • • . • (• • ROLL CALL Moved Secon¢ed Aye Nav Abstain Absent Jones Sovern Mann Blessinu Brown Clayton MAvor Tavlor 11:: - • • , -0 • :Jr ROLL CALL Moved Seconded Nay Abstain Absent ---+ k t t-_......a ~ ~ ,I ~ f-1-(~.(..~ f lwt+µtt.JL~ 7 H...f~\.A . t. JM ..A-"1 ~ w "'"'~"' ,;/--L [,, w_,V t--.1 ugu,1-~ ,14 ~·~ 1'-'7 / " I~. J ~. •C. -... • • , -• • ROU CALL i, .._ cu. 4-~ -i,,, ~ ,L ,_,._ ...... /~I ~)t.\ {~'\ 1 _'~ t.rl ~-1-'-i.-/ 41 Moved Seco ded Nay Abstain Absent Jones / ,;;z ~overn MAnn I ElessTng !lrown -Clavton MRYOr Tavlor lu4v1V -/, ~ < 1'1 ~~·, ~ ~ f--1l <~(~<A._ ~,ti. U IV -1 tQ Cl Vr <.t .k~ "--/ t.J{u-1 ~_,,( J <Ll}.-f '<.A P; /'I /IC:--~ I~ ~tvl t<J w 6r -I ~·1 .t. r'~«,, .. ;,._,/{~1 ; ~ 1 ...... c _;i ._1,,( <•t. f .µ.~ ~/._ ~;_ ,....._ I i -' e ;;, I ,., - ·, /, 4 • • • • . -• • <. ROLL CALL M:>ved Secon<j ed Ay e N ay Abstain Absent Jones Sovern Mann Bless1na ·Brown Clavton Mavor Tavlor L • • I -• - ROLL CALL Mo d s ve d d econ e Ay e N ay Ab t 1 s a n Ab t sen Jones (' ...,,,-Sovern \.. , Mlillll J 1:11easl.nll I l:ll'OWl'l I k-. Clavton \ M!l.vor Ta vlor ' ;A~ ;t "-?' (. J ~ ........ ~ lv (, L w ~ ,J -__;----t /\ ... ,I 11.4--k, • • • • -•. • • < ROLL CALL Moved Secon4ed Aye Nay Abstain Absent ..,,,,:-Jones { .Sovern ) Mann I RleSS1ru1 I Brown I .....c.._ Clavton \ Maver Tavlor J ' ~fa IJ,vr '1 ~/~ .., ~ rl-~~~ t lJ µ~,_;~ i TT<..1t. ~'it+ ").. w,~ c,A... rpe_~~~ t .... +~ ( ,r;-"c.A.-l ~ • • • • , - • I• • '· ROLL CALL h ~ ~ L i ~u...1 o-tl'-i-. ve econ4ed Ay N A t 1 Ab t e ay bs a n sen Jones -.....--..,....... .:>0vern 1 / y M!lilil v Blessinll ,/ t1rown -Clavton ,,,. MRvor Tavlor v ' • • • • • , • -• I• • -i-7 - ROLL CALL e Aye Nav Abstain Absen t Jones ( ~ sovern ) ',,,. Yann I' -BleSS1!Ul '\ .crown I Clavton I Mavor Ta vlo r '\ • • • , • • . • • Aye NaJ Abstain Absent Jones ' v -s<>vern { Mann \ Bless1= I Brown I- v Clavton " MB.vor Tavlor I I .. ~ ~k .. ~l/UIU -~~~l.---¥ ~ 1 ~tz., 14,µ'4/.J /1L uvc. ~ ~~ µL~ ~ 0 ll~ ~Ii [, J ~~~~ -!>£./ IC -~~... ~4 /.. l. 1-o A V~ I fl' (w &.t ~ ~(. /-h, ,~(,f J 1~ I ~ f 7i t-v f • • • • • -• • ROLL CALL 1'::>ved Secon4 d e Aye Nay Abstain Ab sent r Jones ""Vern ll.ann Rless1~ Brown Clavton Mayor Tavlor • • , ,. -• -·- • • ROLL CALL Moved Secon4ed Aye Nay Abstain Absent Jones \ So vern J ~ M8.nJ I B.l e ssl.ng I ,JC:'" Brown Clavton I MA vor Tavlor ' ?ve ,u £<-t!~ ... ~ ,,,,¥~ ...... ~ U-7...__-, (k ~f.>--'> ~l.L~ ~.........,J,.... ~ k'~'"' JI~ ?..<.L-;Ji .fA 1-t_ ~ • • • • I -• • t• • ROLL CALL ~~ CUv-~ ~~ ~0 ~ 1 u..rr-d re. A~~ ~ ~ T~1.~-Mc;;~ci \ Secon4ed -Aye Nay ~ 7 0r J - {- • ·-/~ J i"J -.c ~~ 1 w ~ ;1. "'I ~ r , . Abstain Absent • ' • • • • •. -0 I • • ROLL CALL (~"'>-,,,___/ ~-~"-'<..( ... rz,., Aye Nay Abstain Absent -Jones I -.<:nvern '- w.nn I BleSSllUl I Brown I v Clavton \ llavor Tavlor I • • • • I • • , . • ROLL CALL ~'7f ~ /)A ~ ~1vt tu.JuC.,Ji... a_ J::1d ~1e ~J ~.f,,..i....,,, Aye Nay Abstain Jones >< sovern v MH.Jlfl -Blessirul ...... _,,,.c Brown ,,.< \,o"'"" Clavton -< ' Mavor Tavlor x ~~").rl.)C., -~ /...;f //~ l 4·U Lt-c.v,. ~~p_,"f£. ~~L.. ~, ~c...~c...;.__ b-AiTDV -juls Absent • . • • I • •. 0 • ROLL CALL 11 Moved Secon4ed Aye Nay Abstain Absent >C Jones Sovern Mann ~ Blessing I / Brown Clavton Maver Tavlor • • • - I ( • • 0 • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COL OR ADO APRIL 21, 1975 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 21, 1975, at 7:30 P.M. Mayor Pro Tem Mann, presiding, called the meeting to order. The invocation was given by Councilman Howard Brown. The pledge of allegiance was led by Blue Bird Troop #207. The Mayor Pro Tem asked for ro ll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Absent: Mayor Taylor. The Mayor Pro Tem declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Nollenberger City Attorn ey Berardini Director of Parks an d Recreation Romans Fire Chief Hamilton Director of Community Development Supinger Deputy City Clerk Johannisson • • * • • Mayor Pro Tem Mann announced that Mayor Taylor had suddenly beco~e ill and would not be able to a tend the Council •••ting tonight. • • • • • Councilman Sovern asked that the minutes of the la• meeting be amended on page 17, the firs paragraph rela ing to a motion on Interatat 470. The last line of the first paragraph should read ~and he intersta~• increase• the rate of urban sprawl". COUNCILMAN SOV RN MOV 0 AND COUNCILMAN BROWN S CONDEO A HOTIO TO APPROV TH MINUT s or THB COUNCIL H ETING or APRIL 7, 1975, A CHANG D. Upon he call of he roll, the vote resulted &B follOWBI - • • , ( • • • • 0 • 3 Supermarket, located at 5 17 5 South Broadway, in Engl e 0 01, to request a public hearin g for the issuance of a 3 .2 b ~er !Lc ense. A public hearing date of Ma y 19, 1975 was re comme nded and boundaries for petitions were also desi g nat ed. On th e nort , Tufts Avenue; on the so uth, Powers Avenu e; on t he wes t, Galapago Street; on the east, Pennsylvania Street. COUNCILMAN BLE SSING MOVED AN D COUNC ILMAN JONES SECONDED A MOTION TO SET A PUBLIC HEARING FOR MAY 19, 1975 FOR CONSIDERAT ION OF A 3.2 BEER LICENSE FOR THE JCP PROVISION COMPANY, D/B/A VALU SUPERMARKET, AT 5175 SOUTH BROADWAY, AND DESIGNATING THE BOUNDARIE S FOR PETITIO NS TO BE AS FOLLOWS: NORTH, TUFTS AVENUE; SOUTH, POWERS AVENUE; EAST, PENNSYLVANIA STREET; WEST, GALAPAGO STREET. Upon the call of the roll, the vote resulted as follows: Ayes: Coun ci l Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Mayor Taylor. Th• Mayor Pro Tern declared the motion c arried. • • • • • Assistant Ci ty Manager Karl Nollenberger was present to discuss the 1974 financial report. Mr. Nollenberger introduced John Lowry, Assistant Director ot Finance, the p rimary preparer of the financia l repor • Mr. Nollenb rger e x pl a i ned the important points in the 1974 financial report. Councilman Blessing had a question regarding the river redevelopment fund, which Mr. Nollenberger answered. Councilman Mann asked if the City was in good financial condition at th• end of 1974. Mr. Nollenberger eta ed tha a the end of 1974, the C1ty was in very good !inane al condition. H• d d add th t he had pprehensio n about the iamed a • financ al future of the City, because sales tax reeeip • are dow in coa- pariaon wi h la• ye r and wi h he budgeted revenues tor 1975. Mayor Pro Te• Mann said tha Mr. ollenberger and h City staff should be co• liaent d on a tine financial repor Counc laan Cl ayton a6ked hat the record be elar1t ed to aho tha th• salaries aid o Couneil••n Clayton, Jones, Taylor, and Ci y Manager Mccown ware no •• high •• reflected in ha financ al rapor , because has• ind vid ala ware only a the pay seal• shown for par of h Y•• l • • , ( • • • • 0 • COU NCI L CHAMBE RS CITY OF ENGLE WOOD , COL OR ADO APRIL 21, 1975 REGULAR MEETING : The City Cou ncil of the City of Englewood, Arapaho e County, Colorado, met in regular session on Ap ril 21, 1975, at 7:30 P.M. Mayor Pro Tern Mann, presiding, called the meeting to order. The invocation was given by Councilman Howard Brown. The pledge of allegiance was led by Blue Bird Troop #207. /o...._ The Mayor Pro Tern asked for ro ll call. Upon the call of the roll, the following were present : Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Abs ent: Mayor Taylor. The Mayor Pro Tem declared a quorum present. Also present were: City Manager Mccown Assistant City Mana g er Nollenberger City Attorn ey Berardini Director of Park• and Recreation Romans Fire Chief Ham ilton Director of Comauni y Developaent Supinger Deputy City Cle r Johannisson • • • • • Mayor Pro Te Mann announced ha suddenly beco•• ill and would no be abl •e• in onigh . • • • • Mayor Taylor ad o a nd th• Cou c 1 Councilaan Sovern asked th• the • aeetin9 be a nded on page 17, he tirt ot he lae rel• in Hu a aotion on tn er• • 470. The lae 1 n e should read •and n ere • • iner••• • of • eo D D A or "' IL 7, • re11.1l • • • • 0 I • • 2 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Mayor Taylor. The Mayor Pro Tem decla red the motion carried. • * * • * The Deputy City Clerk read a proclamation proclaiming May as Englewood Chamber of Commerce month. CO NCILMAN SOVERN MOVED ANO COUNCILMAN CLAYTON SECONDED A MOTION TO PROCLAIM MAY AS ENGLEWOOD CHAMBER OF COMMERCE MO N H FOR THE CITY OF ENGLEWOOD. Upon the call of the roll, the vote resulted as follows: Ayes: Council Me bers Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Mayor Taylor. The Mayor Pro Tem declared the motion c arried. • • * • • The Deputy City Clerk read a procla at ion proclai inq the veek beqinninq May l, 1975 as Youth Week as desiqnated by the Benevolent and Protective Order of lks, Enqlewood Lodge No. 2122. COU NCILMAN BLESSING MOVED A 0 COU NCILMAN CL AYT ON SECONDED A MOTIO TO PROCL AIM THE FIRST WEEK IN MAY, 1975 AS YOUTH WE K AS OESIG AT 0 BY THE BENEVOLENT AND PROTECTIVE ORD R or ELKS, E GLE WO OO LOOG o. 2122. Upon he call of he roll, the vo e resulted as follovs 1 Aye1 1 Council Meaber1 J one1, S overn, ann, lle11in9, 1rovn, C layton. Neye r one A 1en 1 Mayor Taylor. The ayor Pro Te eclered he ao ion carried. ,,,., • • • • lav f ira of en • JCP • ovi1ion co a, an a , a 4 ite l any, I I• Val1a • • ....... ( • 0 - 3 Supermarket, located at 5 15 South Broadway, in E ngl ~w o od, to request a public hearing for the issuance of a 3.2 b~~r li c ense. A public hearing date of May 19, 1 97 5 was rec om me nded and boundaries for petitions were also desi g at ed. On th~ nort , Tufts Avenue: on the south, Powers Avenue; on t he wes , Gala pago Street: on the east, Pennsylvania Street. COUNCILMAN BLESSING MOVED AN D COUNC ILMAN JONES SECONDED A MOTION TO SET A PUBLIC HEARING FOR MAY 19, 1975 FOR CONSIDERATI ON OF A 3.2 BEER LICENSE FOR THE JCP PROVISION COMPANY, D/B/A VALU SUPERMARKET, AT 5175 SOUTH BROADWAY, AND DESIGNATING THE BOUNDARIES FOR PETITIONS TO BE AS FOLLOWS: NORTH, TUFTS AVENUE: SOUTH, POWERS AVENUE : EAST, PENNSYLVANIA STREET; WEST, GALAPAGO STREET. Upon the call of the roll, the vo e resulted as follows: Ayes: Counc i l Members Jones, Sovern, Mann, Blessing, Brown, Clayton . Nays: None Absent : Mayor Taylor. The Mayor Pro Tem declared the motion carried. • • • • • Assistant City Manager Karl Nollanberger was present to discuss the 1974 financial report. Director report. th• 1974 Mr. ollanberger introduced John Lowry, of Finance, the primary preparer of the Mr. ollenberger explained he iaportan financial r epor • Assistant financial point• in Councilman Blessing had a quea ion re arding th• riv r redavalopaen fund, wh ch Mr. ollanbar9ar answered. condi ion a he end ot He did add future of par eon wi Mayor Pro Te Ci y • af t should b show ha if wa in qood financial r. ollanbarqer eta ed th• at in nc al condi on. ha im ed a e tinanc al 7S. ann ••id ha r. ollenberger and h liae d on a tine financial epo r ed ha th record be clar tied to o Councilaen Cl ayton, Jones, Tay lor, aa h 9 a1 reflected in he nd vidu la were only a he pay • • - r • • 0 - 4 Assistant City Manager Nollenberger stated that the salary figures had been annualized for comparative reasons. Councilman Brown asked if Mr. Nollenberger could project a financ ial condition of the C i ty at the end of 1975, conside r ing the current conditions and the moratorium in effect. Mr. Nollen berger s ated that, hopefully, the first quarter w i ll be t he worst, becau se these are traditionally the low-producing quarters anyway. Mr. Nollenberger stated that Englewood is in a position where it is a landlocked city , and, therefore, has some special problems in that its growth potential is limited. COUNCILM AN JONES MOVED AND COUNCILM AN BLESSIN G SECONDED A MOTION TO ACCEPT THE 1974 FINANCIAL REPORT. Upon the call of the roll, the vote resulte d as follows: Ayes: Council Members Jones, Sovern, Mann, Blessi ng, Brown, Clayton. Nays: None Ab sent: Mayor Taylor. The Mayor Pro Tern declared th motion carried. * * * * * Hrs. Rowena Rogers, repr senting the Colorado State Park and Outdoor R c reation Board, was presen and she presented check• to the City for Sta e grants tor Jason Park and Cen ennial Park. These wer to repay tor work already done at these park•. • * • • Mr. Maurie Merl n, 36 e so. Sher an Street, w • present . He queetioned th • wisdo of h Ci y'• buying he Cherrelyn bu• which wa s retired by the Fi rst Na ional Bank ot E nglewood . • • • • OTIO Ayee1 Council e111 ere Jon aro n, Clay on. ay1 1 one A ••n I Mayor Taylor. Th ayor o Te d Clar d op n. * •• IOV rn, Mann, hd nd 9 llCONDEO A A Cl ll P ALlNG Ci IY Upon the 11••• n9, ublic: l\earin9 • • , • • 0 - 5 Director of Community Development Supinger outl i ned the background for adopting the chang e in the various building codes. He stated that these are minimum t a ndards for new construction. He said that the primary change in va ved requirements for high rise construction. Councilman Clayton asked if there was anything we are using as guidelines which is not in the Code . Mr. Supinger answered in the negative. Bill Brokate of the City's Building and Zoning Department and City Attorney Berardini clarified a typographical error in the publishing of the notice. It related to page 4, paragraph 10, of the Bill. Page No. 106 was printed as Page No. 102. Because it was a typographical error, Mr. Berardini stated that no fur her action needed to be taken. City Attorney Berardini pointed out that some grammatical changes needed to be made on page 4, paragraphs 7, 9, 10, 11, 13, and 14. Each paragraph ~efers to deleting the word with a number in parenthesis and substituting another number in parenthesis. City Attorney Berardini stated that all these paragraphs should be changed to read "delete the figure followed by the numb er and substitute the figure followed by the number. COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nay s: None Absent : Mayor Taylor. The May or Pro Tam declared he motion carried and the pub lic hearinq closed. INTROOUC D A A IILL IY CO CILKA OVIR Y AUTHO lTY OllDI A"C "O. 16, 11 I I 0 197~ G CHAPTlll ~ IGUt.ATtO '1 "U IPO M LICT TH It tTH1 (Cop ad in tull in he Ot 1c1al Ordinanc look.I I 1 • • • r • • • - 6 COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSIN G SECONDED A MOTION TO APPROVE ORDINANCE NO. 16, SERIES OF 1975, AS CHANGED IN THE PUBLIC HEARING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Mayor Taylor. The Mayo r Pro Tern declared the motion carried. * • • • • COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO OPE A PUBLIC HEARING TO CONSIDER THE ORDI ANCE REPEALING CHAPTER 4, TITLE III, OF THE 1969 ENGLEWOOD MU ICIPAL CODE, ANO ADOPTING BY REFERENCE THE 1973 EDITION OF TH "U IFO M MECHANICAL CODE." Upon the call of the roll, the vo e re•ulted as follow•: Aye•: Council Member• Jones, Sovern, Hann, Bl•••ing, Brown, Clayton. Nays: None Ab •en 1 Mayor Taylor. The Mayor Pro Tem declared he motion carried and he public hearing open. O rec o r of Community Development Supinger explained the background for the Code change and •tated ha thi• per ained o aechanical appurtenance• and hat here are no •ub•tant1ve change• 1n he Code. OT ON h VO e Aye11 ll'O n, Clay o n. ay11 A sen I rh ayor Pro Te h arin9 clo1 a• follow11 Council eabers one Mayor Taylor. COU CILMA JO S !CO OED A Upon the call of h• roll, Jones, IOYel'n, ann, les1in , dee la ed he aotion c rri d a l c: • • • • • 0 • 7 INTRODUCED AS A BILL BY COUNCILMAN JONES. BY AUTHORITY ORDINANCE NO. 17, SERIES OF 1975 AN ORDINANCE REPEALING CHAPTER 4, TITLE III, OF THE 19 9 E.M.C., ENTITLED 'ALTERNATE METHODS, MATERIALS AND EQUIPMENT', ANO ADOPTING BY REFERENCE IN LIEU THEREOF THE "UNIFORM MECHANICAL CODE", 1973 EDITION, TO PROVIDE MINIMUM STANDARDS TO SAFEGUARD LIFE OR LIMB, HEALTH, PROPERTY, AND THE PUBLIC WELFARE BY REGULATING ANO CONTROLLING THE DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION, ANO MAINTENANCE OF HEATING, VENTILATING, COOLING, REFRIGERATION SYS TEMS, INCINERATORS AND OTHER MISCELLANEOUS HEAT-PRODUCING APPLICANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF SAID CODE. (Copied in full in the Official Ordinance Book.) COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE ORDINANCE NO. 17, SERIES OF 1975. Upon the call of the roll, the vote reaulted aa followa1 Ayes: Council Membera Jones, Sovern, Mann, Blesain9, Brown, Clayton. Naya: None Abaent : Mayor Taylor. The Mayor Pro Te declared the •otion carried. • • • • • COUNCILMA JONES MOV 0 A 0 COUNCILMAN BLESSING SECONDED A MOTION TO OPEN A PUBLIC H ARING TO CONSIDER THE ORDINANCE REPEALING ANO REENACT! G CHAPTER 9, TITLE III, OP THE 1969 ENGLEWOOD MUNICIPAL COO , A 0 ADOPTING Y REP NCE THE 1973 EDITION OP TH "U IPORM PLU BING coo Upon he call of the roll, he vote reaul e a• follov•r Ayea1 Counc 1 M Brown, Clay on. er• Jone•, Sovern, Menn, lle••in9, aye r one Abaen 1 Mayor Taylor. The Mayor Pro Te declared he o ion cerried and he public hearin9 open. Direc or ot Co• uni 1 Develo •en background tor he Code ch ant • He eub1 antiv chen •• 1 plu• 1n er ou lined the er are no • • - • • 0 - 8 COUNCILMAN CL AYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon the call of the roll, the vote resulted as follo ws 1 Ayes: Council Memb er s Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Mayor Taylor. The Mayor Pro Tem declared the motion carried and the public hearing closed. INTRODUCED AS A BILL BY COUNCILMA N CLAYTON. BY AUTHORITY ORDINANCE NO. 18, SERIES OF 1975 AN ORDINANCE REPEALING AND REENACTING CHAPTER 9, TITLE III, OF THE 1969 E.M.C., ENTITLED 'PLUMBING', AND ADOPTING BY REFERE NCE THE "UNIFORM PLUMBING CODE," 1973 EDITION, TO PKOVIDE MINIMUM STANDARDS TO PROTECT PUBLIC HEALTH, WELFARE AND SAFETY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH! AND PROVIDING PENALTI S FOR VIOLATION THEREOF. (Copied in full in the Official Ordinance Book.) COUNCILMAN CLAYTON MOVED AND COUNCILMA SOVERN SECONDED A MOTION TO APPROVE ORDINANCE NO. 18, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes : Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Mayor Taylor. The Mayor Pro Te declared the •otion carried. • • • • • COUNCILMA CLAYTON MOVED A D ECO D D A MOTIO TO OPB A PUBLIC HEARING TO A C R PEALING A D It SNACTI G CHAPT 10, TITLB III, OP TH l 9 NGL woon u ICI AL cooa, AND ADOPTI G •Y ltl Bit CB TH 197 ~DITION or TH! "NATIO AL !L!CTltICAL COD • Updn he call of the roll. the vote resulted a1 follows• • • ( • • • 0 I• • 9 Aye s: Co uncil Members Jones, Sovern , Man n, Bl es i ng, Brown, Clayton. Nays: None Absent: Mayor Taylor. The Mayor Pro Tem declared the motion carried and the public hearing open. Director of Com munity Development Supinger outlined the background of the changes for the electrical code , which was developed by the National Fire Protection Ass ocia tion. Ke stated there are two substantive changes which r elat ed to multiple dwelling units. 1. Non-metallic sheath cable would not be permitted. 2. Insulation of aluminum cable would be restr icted. Councilman Clayton asked if there had been any comments from local bu siness men or contractors relating to the se gre ater restrictions. Mr. Brokate stated that he had received no comments. Council an Clay ton asked if builders would be required to replace cable previously put into buildings in order to co ply with the code change. Mr. Brokate replied in the negative. Council an Brown asked how this code change affec s older homes. Mr. Brokate stated that this is for new buildings only and is not re roa ctive to previous const r uctio n. COUNCILMA JONES MOVED AND COU NCILMA ROWN SECONDED A NOTIO TO CLOSE TH PUBLIC HEARI G. Upon the call ot th• roll, he vo a resulted as followa: Ayes i Council Me era Jones, Sovern, Mann, Blessing, arown, Cl ay on. Nona Abs n • ayor Taylor. The ayor Pro Ta• declared he o lon carri haarin9 closed. of ad Ci y A h• 1111. • ion. orney rardini • a • 1973 • on •11 pu lie o •9• 4, 1ec io c • ,.. 0 1 75 2 • • - • • • • 10 INTRODUCED AS A BILL BY COUNCILMAN MANN. BY AUTHORITY ORDINANCE NO. 19, SERIES OF 1975 AN ORDINANCE REPEALING AND REENACTING CHAPTER 10, TITLE III, 1969 E.M.C., ENTITLED 'ELECTRICAL CODE ', AND ADOPTING BY REFERENCE THE "NATIONAL ELECTRICAL CODE", 1975 EDITION, TO PROVIDE MINIMUM STANDARDS TO PROTECT PUBLIC HEALTH, WELFARE AND SAFETY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. (Copied in full in the Official Ordinance Book.) COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE ORDINANCE NO. 19, SERIES OF 1975, AS CHANGED. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent : Mayor Taylor. The Mayor Pro Te declared the otion carried. • • • • * Mayor Pro T Mann introduced Sid Ov erton, Pres den of the Englewood Cha ber of Co arc , and presented hi wi h a proclaaa ion proclai inq May as nql wood Ch a er of Co rce mon h. A OTIO R!PIALI G I GL OOD OP TH upo ha Ay C arown, Clay o • y1 1 on yor ro T 0 "· • • • • • CL AYTO SICONOID ORDI A Cl 01' THI 1969 I TH . l 7) BDITIO G ROU IUILDI ca•. • follo •• l rs Jon••• over , ann. Ile sin , yor aylor. cla d ao ion carried an t e p lie • • • • ll Director of Community Development Supinger outli ned the background of the code change, and stated th a t th ere are no sub- stantive changes. COUNCILMAN CL AY TON MOVED AND COUNC !LMAN BLESSING SECO NDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon the call c f t he roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Ma nn, Bles si ng, Brown, Clayton. Nays: None Absent: Mayor Taylor. The Mayor Pro Tam declared the motion ca rried and the pu bl ic hearing clsoed. INTRODUCED AS A BILL BY COUNCILMAN BLESSING. BY AUTHORITY ORDINANCE NO. 20, SERIES OF 1975 AN ORDINANC REPEALING AND REENACTING CHAPTER 3, OF TITL III, 1969 E.M.C., ENTITLED, 'UNSAFE BUILDINGS, STRUCTURES OR UTILITIES', ANO ADOPTING BY REFERENCE THE "UNIFORM CODE FOR THE ABA TEMENT OF DAN GEROUS BUILOINGSM, 1973 EDITION, TO PROVIDE METHODS Wff REBY BUILDINGS 0 STRUCTURES WHICH FROM A Y CAUSE ENDANGER LIFE, LIM , HEALTH, MORALS, PROPERTY, SAFETY OR WELPAR OP THE G N RAL PUBLIC OR TH IR OCCUPA NTS, MAY BE REQUIRED TO BE REPAIRED, VACATED, OR 0 MOLISH 01 EP ALING OROI ANCES IN CO FLICT HEREWITH1 A 0 PRO I ING A P ALTY FOR THE VIOLATION OP THE PROVISIONS OP SAID CODE. (Copied in full in th• Offici al Ordinance ook.) A OTIO call of COUNCILM A TO APPR OV he roll, the vo Ayes • Counc lrovn, Clay on. •Y• a on COU CILMAN JO S SECONDED B IES OF 1975. Upon th• follovst • era Jones, overn. ann, 1lesstn9, Absen : Meyor Taylor. T • ayo Pro T • declared • o on carrl • • • • The follovln co• anica ons v r cc• •4 l o • r co 4 1 • • ........ • 0 - 12 Minutes of the Planning and Zoning Commission meeting of March 18, 1975. Minutes of th e Public Library Board meeting of April 8 , 1975. Memorandum from the Director of Public works to the City Manager concerning the annual City cleanup. City Manager Mccown asked for press coverage of the dates of the annual City cleanup which will be held in May. councilman Brown asked if there were any plans to have a clean-up, paint-up, fix-up program for the City. Mr. Mccown replied in the negative. Councilman Brown asked if a proclamation could be drawn up to have this done. City Attorney Berardini said that a pro- clamation will be drawn up. Report on persons aided by the City property tax refund program of the State. Councilman Mann commented that the response from the Englewood Newsletter was very gratifying. He stated tha he would like to see the Newsletter published bi-monthly, and that he would like a cos figure on this submitted to Cou ncil. Memorandu from the City Manager to Department Head• with attached Mora oriu Budgetary saving• Schedule for March, 1975. Financial REport for the month of March, 1975. Status con trol of capital iaprovement projects. o ice of meeting on river development project• in Englewood, Lit leton, and Denver. Dir e c or • rat on Trana it al of he 1974 Annual Report. orandu fro• the Noise Con rol Officer to the Aa•i• an uni ty Develop ent concerning an enforce en de on- vehicular no •• ordinance. • • • • Ci y ana er cCown asked ha it••• s (a ) (iil a n S (al I ii) e a led. • • • - 13 Aye s: Cou ncil M ~m bers Jones, &overn , Mann, Brown, Clay on. Nays : None Absent : Mayor Tayl or. The Mayor Pro Tern declared the motion carried . • • • • • l ss1ng , Director of Community Development Supinger outlined th e background involving the request for a varianc e to permi t the encroachment o f a re aining wall upon City property a dis tance of 3.3 feet into the Sou th Bannock Street right-of-way. He stated that this involves a paving district project, an d ti. h homeowners wer e given the option of having a retain ing wall or having their lawns prope rly sloped to fa cilita te the sid ewslk installat ion. All persons wanted the sloped law n instead of the retaining wall excep one. Councilman Clayto n asked that th owner involv d be co rre c ed. The name i name of Reinking. h rope rty COU CILMAN CLAYTON MOVED A 0 COU NCILMAN ONES SECONDED A MOTION TO ACC PT THE RECOMME DATIO OF THE BOA RD OP AO USTM T ANO APPEALS TO p RMIT TH E CROACHME T or A R TAI ING WALL UPO CIT Y PROPERTY A OISTA C OP F!!T I TO TH OUT H A N OC~ STRE T RIGHT-OF-WAY. Upon the call o the roll, the vo e re sul ted as follow s: Ayes: ouncil Me ber a ones, Sovern, Br o wn, Clay on. Nay a : one Abaen 1 yor Taylor. The Mayor Pro T ra, cue 1on c a in Coun c d clared • carri d. ann, Blasaln9, n r . • • • 0 - 14 He also stated that the City has much higher prioritie s than worrying about cushioned chairs. Councilman Blessing agreed. * * • * * Mayor Pro Tem called a recess at 8:55 P.H. The Council reconvened at 9:15 P.H. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Absent: Mayor Taylor. The Mayor Pro Te declared a quorum present. * * * * • City Manager Mccown outlined an offer by the First National Bank of Englewood to lease for $1.00 per year the Cherrely n Horse Car, which they recently retired. He stated that it will cost approximately $16,000 a year to run it as a Senior Surrey. It could be uaed to replace the second vehicle which we operate once or twice a week, at a coat of approxiaately $13,000. He atated that aa it preaently stand•, the horae car need• an overhaul which would coat approximately $500 to $700. He alao diacuaaed a memorandum from the Director of Public Work• relating o the uae of the Senior Surrey. councilaan Bleaainq stated that the price ia right, but he ongoing coa aay be a problem. Council an Sovern stated that he City should accep the vehicle wi h no definl ion aa to it• u••· COU CILMA SOVER OV D A D COO CILMA BLISSING S CO DID A MOTION TO AC CEPT TR CRIRR LY RO I CAR PROK THI FIRST ATIO AL IAN or I GLIWOOO ro A $1 , a YIAR LIASI A 0 MAll IT AVAILAILI ro~ LI IT o us . Upon he call of the roll, he vo • reaul •d •• tollo aa Ayeaa co nc l • bera Jon••· IOV rn, n, lleaaln9, lro . Clay on. ya a on T ylor. yor Pro T ao on carried. • • • • ( • • 15 City Manager Mccown presented a memorandum relating to an agreement between the City and the Public Service Comp~ny needed due to construction in the Federal-Bow Mar storm drainage basir.. In answer to Council questions, Mr. Mccown stat ed that it would provide agreement to work in the area of high voltage lines and in the area of gas lines. COUNCILMAN CLAYTON MOVED ANO COUNCILMAN JONES SECONDED A MOTION TO ACCEPT THE AGREEMENT WITH PUBLIC SERVICE COMPANY FOR WORK IN THE VICINITY OF WEST UNION ANO SOUTH DECATUR STREET, IN THE FEDERAL-BOW HAR STORM DRAINAGE BASIN. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Hann, Blessih ,, Brown, Clayton. Nays: None Absent: Mayor Taylor. The Mayor Pro Tem declared the motion carried. * • • • • City Manager Mccown outlined a memorandum from the Director of Public Work• relating to the Federal-Bow Har drainage basin. He stated that the State is going to grant the City $82,500 torconstruction of the Federal-Bow Mar drainage basin. Because we are receiving the•• funds, he stated that the City, as agreed in an earlier Council aee in9, can go ahead and accept Op ion II tor drainage cone ruction at the intersec ion of Federal and Belleview. COUNCILMAN BROWN MOVED AND COU CILMAN A HOTIO TO A ARD OPTIO II AS OUTLI !D I TH TH FED RAL-0 HA DRAI AG BASIN TO !M RSO ro $14,053.70. Upon he call o tollowsi LESS! G S CONOEO BID DOCUMENTS FOR CO TRUCTIO COMPANY e resulted ae AV••• Co ncil M • ere Jones, overn, en , lle11in9, rown, Clay 011. A ••n 1 eyor Taylor. T • Mayor Pro T Jo n A. 0 dechr d oti.o c a ri d. • • • • • • • • 0 - 16 He stated that i n the study s essio n, the Council had indicated their desire to have the City Attorne y draw up a resolution to go ahead wit h the pur c h ase of t he necessary l and involved , and he a lso dee med i t adv isable that before a resolution be passed, we consult with the Ci t y of Sheridan on th is subject. He stated that both Co un cils will need to take action on this sub j ect. COUNC ILMAN CL AY TON MOVED AND COUNCILMA N BLESSING S ECONDED A MO TION TO DIRECT THE CI TY ATTORNE Y TO DRAW UP THE NECESSARY PAPERS IN ORDER FOR THE CI TY TO PROCEED WITH THE P URCHASE OF THE LAND INV OLVED IN THE RIV ER REDEVELOPMENT PROJECT BETWEEN WEST HA MPDEN AN D WEST OXF ORD AND WEST OF THE SOUTH PLATTE RIVER, AS REC OM MEND ED BY ATTORNEY JOHN CRISWELL, AND THAT THE C ITY ATT ORNEY BE REQUESTED TO COMMUNICATE THI S RESOLUTION AND ALL ITS DET AILS TO THE PROPER CITY OFFICIALS IN THE CITY OF SHERID AN. Councilman Sovern stated that he was under the imp re s sion that before any land acquisition took place, we would con sult with th City of Sheridan regarding the proceedings. He stated that the City of She r idan, looking at this resolution , may const rue our ac ion as their being requ sted o follow after he fa ct. Councilman Blessing stated tha we have had fine re lat ion- ships wi h he City of Sheridan and there is no reason at all why we can't work toge her in close harmony in order o consummate this project, and it's necessary that we ork with th m b fore we actu all } aake any d cisions. Councilaan Sovern state d tha do a n proceedings as reco••ended by very necessary tha we co unica e wi war on this pro ec oqe her. before we ins 1 ute e inent h Cris w 11 l tter, it is h h Ci y of Sheridan and Councilaan Clay on removed his otion and Council an le11 n9 reaoved his 1econd. CONDED WITH TH LE a1v • 1 plannin on day o 11cu11 • • I • - 17 Upon he cal l of the roll, the vo e resul ed as o low s: Ayes: Cou ncil Members Jones, Sovern, Mann , B lessi ng, Brown, Clayton. Nays: None Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • * • • * City Manager Mccown discussed a letter received from Donald Harper, Supt. of the Englewood Public Schools, regarding the bid for purchase and installation of a boiler for the hi h school swimming pool. In his letter he referred to the fact th ~t the City had agreed to pay half the cost of this project. City Manager Mccown stated that he had resear ch ed this and could find no evidence that the City Council had ever agreed to parti cip ation in this project. At the present time, the City has neither budgeted nor approved this pr ject. Council an Blessing s ated that he recollected that $20,000 was appropriated in a meeting in 1974. Mayor Pro Tem Mann stated that he recollected the saae. Council an Brown stated tha the City schools and he City have cooperated n many areas and this projec is one whi c would benefi any nglewood citizens, and ha recoa anded ha he City approve par icipa tion in he pu r chase and ins allat on of the boiler. Ci y Man ger Mccown • a ad ha he ng nearinq •• aa • for his pro jac was S2 ,000, half of which would b $13,000. A MOTIO THAT TH or A IOIL R FOR T TH 110 ll WITH IN roll. he voe Ay •• co Brown, Cl a yton. aye r on A sen I M The eyor Pro Te ne l yor e el • • be rs Taylor. e4 h .. • • Jones, 0 ion • COU CIL PO a WI I, overn, c arri d. ann, 1••• • • • • - 18 COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPOINT ACTING CHIEF OF POLICE MORGAN AS CIVIL DEFENSE DIRECTOR FOR THE CITY OF ENGLEWOOD. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • * • * • City Manager Mccown discussed the rebate program for assessments. He outlined the possible criteria to be used. l. Age li it. 2. Inco e guideline. 3. Asset guideline. 4. Use of the State property tax rebate program ligibility list. Councilman Brown a ated that he thought that this subject had been dropped because the senior citizens ge back the property tax fro the State. Councilaan Clayton stated that this topic is for assess- ment rebates, and not property tax rebates and that hara is • difference. He stated that ha would like to ••• en ege criteria of 62 years. He a lso ntroduced the poasibili y of using • lending prog r through he Housing Authority, which, while no legal for he Ci y, would be legal for the Rous inq Au hori y. Council an Sovern eta ed th• the Ci y Council needs to 1pen4 a • • inq con•i er He eta e4 opic. c in h• area. on h a eal •ore 1 e than c an be spent he Cou ncil herefo re , re coa ended tha Council a or ••••ion in l• ay or early Jun e . are aoae bu at plies ions involv 4 in 1• y Kana9er Mccown ••id h•t r. L . our le •l exper ahould a l10 • included n the in . • • • • • SJ ncl d au• 1• • • • 0 • 19 earlier meeting. Councilman Mann stated that th e Cou nc il should consider thi s topic at this time because $10,000 was srenl on a study for space utilization for City facilities and th e C >Uncil should not spend this type of money ~ithou t taking some fo llow -u action. COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON ~CO NDED A MOTION TO DIRECT THE CITY MANAGER AND THE CITY STAFF TO TUDY THE FINANCIAL POSSIBILITIES AND SEARCH THE BUDGET FOR MONEY FOR THE SAME, PHASE THAT WAS RECOMMENDED BY THE SPACE UTILIZATION STUDY. Councilman Mann stated that he is most interested in getting some cost estimate of implementing the recommendations made by the space u ilization study. Council an Clay ton clarified th fact that the Cour -~. has accepted the • udy and has not ap roved the study s such. should be the intent of the ade of the report and that Council an Brown hought i City Council to ask tha a • udy be recoa enda ion• be brought back o action. he City Council for appropriate Council an Kann re oved Council an Clay on. OTION UTILIZATIO ORT. KA N MOVED A D A STUDY SE SIO e o ion with the approval of SECONDED A SPACE Counc l an Jone• r co ended the Cou ncil eona der this before he budget 1 udie1 in uly and Auqus r aul • 11 •• 0 • • -• 0 - 20 Ayes: Council Members Jones, Mann, Brown, C ayton . Nays: Council Members Sovern, Blessing. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • * * Councilman Sovern again reminded Council that he believes t her e is a motion st ill standing that was approved regarding the joint meeting with the Planning and Zoning Commission t o outline a 5-year planning of capital improvements. He stated that this is one of the items which should have Council's p r iority in aking a plan for future spending. In answer to Councilman Clayton's question regarding a 5-year plan for spending, City Manager Mccown stated that the City must look at capit~l '•p rovemen s in light of the source of funds for financing these l•ojects. He stated that the 5-year plan for capi al spending has never been rigidly enforced and what normally happens is that some plans are brought to he Cou ncil right before budget approval, and he stated that he would like to see a more formal plan adopted by the Council through the Planning and Zoning Commission. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECO OED A HOTI O THAT THE PLANNING AND ZONING COHHISSIO BE REQUESTED TO UPDATE TH -YEAR TUDY THAT IS NOW OBSOLETE AND PROVIDE COU CIL WITH RECOMME DATIONS PRIOR TO A JOINT EE~I G WITH THE COU CIL. Upon he call of the roll, the vo • resulted as follo s1 Ayes: Council Heabers Jones, Sovern, Mann, Blessin , Brown, Clay on. Nays : one Absen Mayor Taylor. Th• Mayor o T • declared he •o o carr d. • • • • 1. ft1 ICT D • • ( • • • • 0 I• • 21 Councilman Sov trn s tated that i 1 his opinl.01, t. woul d not be a good idea to appr o _ t.nis agr ee ment a s it stand s Hu stated that we should await th ~ re~~r ing b fo re an y decision 1s made on approving this agreemen t. He felt • t En gle woo d should respol" 1 to the County and not t o the devel o r. 01.. acti on at this poi. t would be premature. Upon th e c all ot t r e roll, the vot res ulted as f o l lo w Ayes: Council Me mber Blessing. Nays: Council Members Jones, Sovern, Mann, Brown, Clayton. Absen : Mayor Taylor. The Mayor Pro Tem declared the motion defeated. COUNCILMAN SOVERN MOVED ANO COUNCILMAN BROWN SECONDED A MOTION TO REFER THE MATTER OF THE SUPPLEMENT NO. 49 TO THE SOUTH- GATE SANITATION DISTRICT CONNECTORS AGREEMENT TO THE WATER ANO SEWER BOARD ANO THAT THE COUNTY B NOTIFIED OF THE R UEST ANO SERVICE BE PROVIDED TO THE AREA IF THE COUNTY ZONES THE AREA RESIDENTIAL ANO REQUESTS SERVICE AT THAT TIME, WITH THE ENGLE WOOD CITY COUNCIL HAVING FINAL DETERMINATION. Upon the call of the roll, the vote resulted as follows: Ayes : Council Member• Jones, Sovern, Mann, Blessing, Brown, Clayton . Nays : None Abs en Mayor Taylor. The Mayor Pro Te de c lared the mo ion c arrie d. • • • • INTRODU C 0 AS A BILL BY COU CILMA JO 0 o. l 7S A l ,. D TITL IX AD . t.IC s G r O il • (CO 1 4 n tull n h• 0 icial Ord nanc• 00 . ) COU CU.HA " I CO D D A MOT IO TO APP OV 0 21, • • • - • • • - 22 Mayor Pro Tern Mann commented that the City has realized no increase in construction, employment, nor inflati o n. He said he would vote "no" becuase he doesn't want the City to add to the inflation by increasing fees. He also said the State is working on a Bill at this time aimed at contractors and he feels that it would be a more equitable situat i on for con ractors to pay one fee i nstead of having to pay fees to every munic i pality in the metro area. In answer to Councilman Brown's question, City Manager Mccown stated that the fees are being raised approximately 25' across the board. He said that the fees would be comparable to other metro Denver communities. He also said that there had been no change in fees since 1965. Counc i lman Blessing stated that he did not agree wi th the reasoning given by Councilman Mann. He said that he fees had not been revi s ed in ten years and it is about time it was done. Up on the c all of th e roll, the vote re s ulte d as follows : Ay s: Co uncil Members Jones, Sovern, Ble s sin g , Brown, Clayton. Nays: Cou n cil Member Mann. A sent : May o r Taylor. T he Mayo r Pro Te decla r e d the motion carr i ed • • • • • • I T ROOUC 0 AS A BILL Y COO CIL A SO VERN. A l c • A MOTIO c a ll or aro BY AUTHORITY ORO I NA C NO. 22, ER S OF 1 9 75 AME or c BY AUTHORI CO CILKA TO APPROV he roll. Aye11 council He b re Jo n••• •Y I Counc 1 r Cl y o n . eyo T ylo • o ver n, la • ~ion ea r l • • • • • i n n, c co 0 0 Upon the l e1 sin9, • • - • • • - 23 INTRODUCED AS A BILL BY COU NCILM AN BLESSING. BY AUTHORITY ORDINANC NO. 23, SERIES OF 1975 AN ORDINANCE REP EALING A D R E ACTING ORD INAN CE NO . 25, SERIES OF 1974, BY ADD I G A EW SECTION 12 TO TITLE XIV, CHAP LR 2 , OF THE 1969 E.M.C.; AND D CLARING AN EMERGENC Y. (Copied in full in the Officia l Ordinance Book .) COUNCILMAN BLESSING MOVED AND COUNCI LMAN SOVERN SECONDED A MOTION TO APPR OVE ORDI NAN C NO. 23, SERI ES OF 1975. Upo n the call of the roll, the vote resulted a s foll ow s: Ayes : Council Members Jones, Sovern, Mann, Blessin ~, Brown, Clayton. Nays : None Absent : Mayor Taylor. The Mayor Pro Tem declared th motion ca rr ied. • • • • • City Att orney Berardini beqan discussion of a Bill for an Ordinance concerninq submission of salary increases tor council - en to the oveaber alee ion. He s a ed ha his nrdinance woul no af f ect h e aalarie• o f t h o•• cu rrently in office. bu only ho•• who were else ed a he nex election . Counc laan Clayton s ated tha to SlOO per •• er. He al s o outlined sta nd. he raise in s alari e s aoun ed he salaries •• t h ey curren t ly Councilaan Brown said ha one of h reasons that was aad tor propoainq this is hat possibly h her pay aiqh a rec ore people o partic pa e in p blic affairs • Council an Iles• nq • for an Ordinance. M sai ha poor tiain9. Council• ovsrn said Council re basically vo un eer1 and co• ens e• hi t~r h ou •of-poc e ballo •o • larie• Couneilaan Mann • ha h ci • ould alon o ls lil 1 1• t1 e 1• in • - • • • 0 - 24 Councilman Clayton stated that the $100 he receives does not compensate him for his out-of-pocket expenses. Councilman Blessing reminded Council that this idea did not enuninate from the citizenry, but in fact, emminated from the City Council. This was not the citizens' idea. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON. A BILL FOR AN ORDINANCE SUBMITTING TO THE VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, AT THE GENERAL MUNICIPAL ELECTION TO BE HELO NOVEMBER 4, 1975, A PROPOSAL FOR THE INCREASE OF SALARIES FOR FUTURE MEMBERS OF CITY COUNCIL. COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION Tv APPROVE A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELO NOVEMBER 4, 1975, A PROPOSAL FOR THE INCREASE OF SALARIES FOR FUTURE MEMBERS OF CITY COUNCIL. Upon the call of the roll, the vote reaulted aa follows: Aye• 1 Council re Mann, Clayton. aya1 Council re Jon e, rn, Bleaeing, Brown. Abe n 1 Mayor Taylor. Th Mayor Pro T d lared • • • INTROOOCED A BIU. Y COC ILMAM 9 A BILL Ay •1 1.1 re Jon •• rn, , Bl•••in , I I Cl• y1 1 n yor T yl yor c rd • • • • • - • • • 0 I• • 25 City Manager Berardini reported that the District Court will be receiving an appeal concerning the Englewood Career Service Board, Ln i ts decision to uphold the reprimands of suspension of police officers earl ier this year. * * * • * City Manager Mccown presented the six-quarter budget for the period April, 1975 through September, 1976. He itemized the available revenue sources and the recommended appropriations in the six-quarter budget. City Manager Mc cown asked Chief Hamilton to come forwa rd and outline the proposed fire training facilities in the six-quarter budget. Councilman Blessing asked if monies were in the budget for this facility. Mr. Mccown replied in the affirmative. He stated that it was in the 1976 budget, but because this is a joint effort with Littleton, Littleton now has money which they did not have previously, so it has been put forward into 1975. Mr. HcCown answered Councilman Blessing's inquiry by stating that in his opinion the building of fire training facility has a very high priority in his thinking. Chief Hamilton pres nted a map and outlined th location of the proposed fire training facility. It would be in the Platte River Valley between Union and Bellevie He stated that the location may not be the very best type of location for his type of facility, but for the cities of Englewood and Littleton it offers th best available. H stated that they would be building a fire tower and a s ke house, along with ma ing so surface im rov n s. H said that th overall pl n includes other add i ions to th training facility 1n h fona of classroo and additional s torag area. He said that, of course , this pro ect is being in cooperat on with the City of Littleton. Little on already owns th ha is going to dev loped, and hey are in the process of drawing up an tw n the two cities o r join operation. (Co stat d tha re at1ons, City HAll SS,400 • LUTl . :n. 1U s a correction to be ... d in prinklin should be S4, 00, 1975 • • - • • • 0 • 26 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * • * City Manager Mccown presented a memorandum relating to collective bargaining legislation pending in the Colorado legislature. He stated that there are two Bills that have been proposed, one Bill has been proposed by the Colorado Municipal League, the other is the omnibus Bill . He stated that he is requesti ng support for the Colorado Muni cipal League Bill, because it is primarily pro-management oriented. The labor omnibus Bill, on the other hand, is very much slanted toward labor. He reco11111ended that in wordinq a resolution, it is extremely important that the City not downplay its own ordina.nces. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTIO TO AUTHORIZE THE MAYOR TO DIRECT A LETTER TO TH!! APP~PRIATE STATE LEGISLATORS TO BACK COLLECTIVE BARGAIN! LEGISLATIO P~POSED BY TH!! COLORADO MUNICIPAL LEAGUE. Councilman Mann stated that this is a hiqhly controversial aru and that what we are indicat1nq is that w are taltinq sides in a labor-.. naq ... nt situation . City M&naq r McCown w nt on to outlin the various portions of th labor omnibus b ll and how they would affect th City of Enqlewood. Ci y Attorney Berard ni stated that th re ar ec>M 199al qu st on• nvolved relatinq o th effect on un ci~l charters of 909e of th port ons of th Bill aa outlined. H stated the couru will probably end u dec1d nq th leqali ty. Upon th call of the roll, th vote resulted •• foll •• Ay St Council rs Jo •• lovern, 11••• nq, arown, Clay ys1 Council r M. Ab nt.1 yor Taylor. Th H&yor Pro ., on carried. • • • • • • • 0 I• • 27 COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH THE PU BLI C SERVICE COMP ANY COVERED BY A LETTER DATED APRI L 2, 1975 FOR THE EXCHANGE OF REAL ESTATE IN CONNECTION WITH THE RIVER REDEVELOPMENT PROJ E'.:T. Upon the call of th roll, the vote resulted as follows: Ayes: Council Member& J ones , Sovern, Mann , Blessing, Browi , Clayton. Nays: None Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • * * • * Assistant City Manager Nollenberger outlined the background on the consideration of action by the City of Littleton to annex the McLellan Reservoir. City Manager McCown stated that annexation shouldn't hurt th City of En9lewood, as we would still retain our water ri9hts. The City of Littleton is interested in ann xin9 this area ao they would have conti9uous boundary to annex anoth r area in conjunc ion with heir river project. He stated that hia intent was to make s ure that th Council was aware of the City of Littleton's move. He stated that City 111&y wish to peti ion the City of Littleton for annexation . This way, the City would able o hav more say in the conditions of annexation . • • 28 COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ADJOURN. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried and the meeting was adjourned at 11:55 P.H. ' 0 • • - • City of Englewood 3400 5 Elat1 Street Englewood . Colorado 80110 Phone (303) 761 -1140 • 0 I • - PROCLAMATI0 ' W H ER EA S, The annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed b y governmental leaders since 1922 ; and W H E RE AS, V. F. W. Buddy Poppies a r l' a s sembled b y disab l e d vete rans , and the proceed of thl s worthy fund-rai ing campaign are u ed xclusiv 1 for the benefit o f disabled and n edy veteran , and th widow s and o rphans of d eceas d v t ra!lll, and L hin ," 11\ EN l D .R \ ' II F 1AY . l 7". olor d A1 TE. T: I I . James l Tay lor MAYOR ,..:_ • • ...... • Mr. Karl Nollenberger Assistant City Manager City of Englewood 3400 So. Elati St. Englewood,Colo. 80110 Dear Karl: • • • April 29, 1975 ntanka for your letter of April 23 regarding the request for the continuation of funds to the Arapahoe Mental Health Center. My staff is now preparing the information which you reque1ted con- cerning the total budget, number and types of personnel and the nature of the program, and should have that package in your hands by Wednesday, April 30. I will be happy to be pre1ent at the next council meeting on Monday, May S, to review this information with you and the council and to discuss this request further, ntank you for your con1ider- ation. I @ CF:ba cc: A. Co wn • • , ,. 'l . • • - April 30, 1975 Karl Nollenberger As sistant City Manager Englewood City 3400 S. Elati Street Englewood, Colorado 80110 Dear Karl: This is in response to your letter of April 23, 1975, regarding the Arapahoe Mental Health Center's request for City of Englewood support for the Center's programs. We hope the information supplied here will help explain the center's need for strong local support for the programs s erv- ing residents of Englewood. 1. The Population At Risk: Conservatively, the population of Arapahoe County on January 1, 1974, was estimated at about 194,071 by the Colorado State Planning Division, with about 20.8 percent of that population projected to be living in the City of Englewood. Of the total number of residents (40,330), about ten percent (10%) may be expected to be in need of some type of mental health services at any one time. Thu1, if the widely u1ed estimate of ten percent is applied to the projected population, it might be expected that about 4,000 Englewood City residents migh t be in need of ental health services at any one point in tim • (See Table 1.) 2. Person• Actually Served: During the year ending J une 30, 1974 , about 43 2 re1iden 1 of En levood ind the 1urrounding areal w r e adaitt d for 3. ntal health service to the Arapahoe M ntal H alth Center. Thi• r p r 1 nta a rate of about 71 peraons for each 10,000 population, a rate siailar t o that of the Littleton Ci ty area . About 3 ,500 individ- ual or rou? 1e11ion1 wer provided to auch adllli11ion1. lt ii project d that thi1 nu r of adllli11ion1 will increa1e by abou 10 percent or th currant year ndin June 30, 1975: 475 dmiaaions and 3, 50 1a11ions. S C ti er t f: Ci'iiiicT l ood, raency-cri1i1 contact • by En 1 ood reaid a r Jun 0, 197 • Thie n er of er ai• c on- incr a1a by a ou 10 p re nt for th curr nt OS c r11i1 contac 1. full-t i.lie equivalent o C nter now provtd 1urro din ar a: 2 r d nur 1e, 2 1upport !or 1 rvic on th En 1 ood 1 rvic 1 to th Cit of p1ycholo 11t1, J. 1 atf , a d o r co - ba•i•. • • - - • • • Page 2 Karl Nollenberger These staff provide about 1,160 manhoura of profeaaional services per month to Englevood and surrounding area reaidenta. Services provided include individual therapy, group therapy, and related therapies to childr , a dulta, and families, as well aa consultation and education aervice t o various comaunity a enciea and agenta concerned vith human aervic ea. 4. Costa: The loweat atimate o coata of the Enal-ood Clinic Team for the preaent year (endin J une 30, 1975) is about $141,600. Anticipated coats for next year (endin June 30, 1976) are estimated to be about $145,300. These eatimatea are subject to revision due to salary changea or program changea vhich may or have occurred. (See Table 2.) 5. Sourcaa of Incoma: The Arapahoe Cantar ia becoming increasingly dependent on client feea, insurance payments, local municipal aupport, and local 6. county support for ita prograaa. Thia is true for .oat mental health centera in Colorado and in the U.S. The declining Federal share and tha somewhat uncertain State ahare, while they remain a1 major 1ourcea of aupport for cOlllll\lnity .. ntal health center progr ... , are baco ing leas certain aa stable aourcea of support. (See Table 3.) The daclina in Federal aupport vaa a plalUlad chanaa that waa deliberataly preaiaad on an increasing amount of local aupport for local .. ntal health progr .... Host iaportantly, both Federal and Stats .oniaa, even when available, ra- quira local matchina funds in tha form of faaa, contracts, local 81Wlicipal, and local county .aniea. While the local-atate-faderal matchin& fol'11Ula for such .oniaa chan a froa year to year, it ia important to recoant•• that avery "local" dollar aarna a diaproportionata nl.lllber of FMaral or State dollara (an re f ro• $1 to SS). ==-=-;;.;;.=;;....;;;.;u .. p .. p_o ... r ..... t : Th Arapahoe Melltal Bultb Center baa bHn plaaaad a1 i n loca l 1upport obtainad froa th Arapahoe and Dou lat ti and f ro tha icipalitiaa vithin th a counties durin ral y a r 1 . aa ara 10 of the cha aa : Loc a l Sourc 73-74 1974 -75 1975-7 C:O...nu Aur o ra City • -o-• -o-u ,000 25 P r capita f or Little t o Cit7 6,000 7,SOO ,000 laclu i t. Ar a 0 c t s .121 ,t2S 1 ,1.31 l nclud a n Dou l aa Co n ty 1 ,000 • 00 2 , 00 n 1 wood City 1 ,000 • 1,000 • . 'I • • ....... • • • Page 3 Karl Nollenberger 7. Summary: The nearly 40,000 Englewood citizens receive a large share of the mental health services provided by the Arapahoe Mental Health Center, with upward to 800 persons per year served individually, by almost nine full-time staff , at a total cost of more than $140,000 per year. The declining Federal share and leas certain State share have led severa l of the municipalities and both county governments to increas their funding for services by the Center. We ask that the City of Englewo od share in this increasing investment in the mental health of ita ci tizens. cc: Brian Potter, Englewood Team Leader Gar y Boldry, Business Manager Len Meshak, Proaram Evaluation ·1 I ' • • • • • • ~ . R 'lldc.1eeior.e and !J r.hn o;.:n) to Arapahoe Kcmtal l!en lth Center 0 C0:1' ~\ r~ i' ies •in d 0 255 i .;;j "·~.s d iv i}jed b; • ~ ~i .. , '<i - or e r ll,7 55)~64,832•fc~bi nde 1,176 6 ,4 8} As s umin., of Ara;.j jnoe Coc:nty O'lt I tr:t:.;e c1LH pre\•al~rce :::'3te m 10,;. I I 0 • ~ • Arapahoe Mental Health Center 4857 So. Broadway Englewood, Colo. 80110 TABLE 2 • • • May 5, 1975 (Reviaed) !SnHATED COS T OF SERVING ENGLEWOOD CITY RESIDENTS (Peraona with Zip Code 80110--Englewood) FY 73-74, FY 74-75, and FY 75-76 FY 73-74 FY 74-75 !.a.EWOOD CITY COSTS $ 155,597 $ 191,788 Inpatient Other 24-hour care Partial Care Outpatie nt 129,677 161,768 FY 75-76 $ 262, 981 200,460 Conaultation /Educat ion ------------not included----------- General & Adminiatration 25,920 )0,020 62,521 vi• d by : IAn aha , Pro T .. Evaluation Co rdtnator, Kay 5, 1975 c~nts Pro-rated OYer prOP"-8 • . - • 4857 South Broadway Englc,.oo d, Colorado 80110 TABLE 2 • • • --) _ ... ~ ( ESTHL\TF.D COST OF SERVJ~G ENGLEWOOD CITY RESIDENTS (Persons u1 th Zip Code 80110 --Englewood) ENGLE~'OOD CI1Y COSTS: Inp atient 0th r 24 -Hc ur Cate Parti al Car<• Con sultation/Education General & AJninistr lion FY 73-74, FY 74-75, and FY 75-76 FY 73-74 FY 74-75 FY 75-76 191,78 $ 454. 589 129,677 161,768 200,460 (not incluJ d-~------) 19 1 ,608 25,920 30,020 62,521 Comm en Pro-ratf'J ov r pro ra --------------------------------------------------------------------------------------- (En lrwooJ Clinic T am) (not av 11) 141 ,600 . 145,300 Clinic Te Only (Oth er Cent r S rvic &) (no avail) 30,188 309,289 ------------------------------------------------------------------------------------------- s 9 7. 3 ,21!1,l 9 $ 9 7 . ------------------------------------------------------------------------------------------- ( ) To o( 11 t all • , Aurora, o h L ton rdl , All il 0, 1 7S I f I , . ' • • , - ....... t"' ... ••.,..._ •• .._ ... ...__.._ ••--U••tl V~ll-~~ .4857 South Broadway Englewood, Colorado 80110 TOTAL INCOME: Federal State County Hunicipali ty Fees, Contract s Other (Schools) TOTAL lNCOME: F deral State County H icipality •• Contrac t•, Ot ( h oh) • • • TABLE 3 SOURCE OF REVENUE -INCOME FY 73-74, FY 74-75, FY 75-76 FY 73-74 FY 74-75 100.0% 100.0% 19.3% 16.1% 36.6% 34.1% 4.9% 6.4% 0.4% 0.6% 38.7% 42.8% {September 16, 1974) Revised April 30, 1975 FY 75-76 100.0't 10.0't 42. l't 8.84 l. l't 38.0't $ 937,634 $1,215,159 $ 987,839 181,046 195,499 99, 184 43, 92 414,156 415,685 6, 127 78,000 87,231 ,000 7,000 10,500 362,76 520,504 :)75,239 1o Coordi • or, Aprll 0, 1975 • ' • • • • • 0 - . --· -·· --·~.. - 4SS'.i Snuth Broadway ' 'Cn 6lcw0od , CoJ ora0o 801J0 TARLE l1 l. TOTAL ADMlSf.JONS TO CEN 'f LR, Al.lJ PLACES: 3000 2. ADMlSSIC'GS rROM I:NGLF\WOD CITY: 880 3. CHARACTC!:iSTlCS OF AD~tISSJO c'S -I:t\GLE\.100 ClTY: A. TYrC OF ADM!SSlON: SL. OF rATIENT: C. ACE OF l'A1 IrNT : D. HOUSCUOl lh(.OlA.f: E. MARIT/,L STATC r. THNlC o .. TGJ,l: c. 1· n ' J om:.r.:: 4. Nl·~· edr.iir~ions 5. l~c :i r,j s5lor.s 6. Moles 7. Females 8. Age 1 -12 y Rru 9. Ace 13 -1 y ar 10. Age 19 -35 y ars 11. Ag 36-64 y arq 12. Age 65 and OVP[ 13. lncoree under $3,000 I~. loco c $3,000-$~,ggq 15. lncome $5,000-$7.999 J6. lnco c $ ,000-$)0,000 17. lnco. ov r $10,000 18. Sin:;.l 19. }~ lli ti. 20. n1vorc1• /Scp<.1rntd 21. WJdow d 2 :'. 2 . 24. 25 . ;' 27. 2 33 , Emo ti"n nt rpe ~ robl<- Alcoho ru" /,\,u C)' :Ions d I• 1001. (a) 81% J ,... ,, 40% 60% 3% 21 % 53% 23% 1% 26% 11% 22% 16% 25% 381. 35% 25% 2% 93 5% 2% it ti:. 6% % 21 16% 60% 241 18 . 2 (a) d 1 to ro nd na II. J'lh M II , r • 1~pr11 JU , J ';/'.> 1 · flor • • tal I 11lt.h c t r • • t 197). - c • • City of Englewood 3400 S . El1t1 Street En11lewood . Colorado 80110 Phone (303) 761-1140 • - PROCLAMATION WHEREAS, the youth of the community are the best hope for the future of our State and Nation, and Jeme1 l. T aylot MAYOR WHEREAS, athletic competition among youth In dedicated competition strengthens the character of said youth, and WHEREAS, young girls and ladles, a part of that youth, are taking rol s of tncreaatng importance In l•dersbip and responslbUity and it i believed that aucb athletic dlactpltne does aid In preparation for those roles, and \ HER AS, the City of Englewood has nd hall ntlnue to upport thl d p- ment of our Nation's youth and ts aware of the long hours of practlc and dtsclpllne neceaury to participate In athletic competition at a level attracting many of the Nation's best women athletes, and WHEREAS, the Colorado Gold Invttat:Sonal Track Claaalc agaln expec ev ral hundred dtactpllned particlpultl!I from acros the United tat and from Canada, and eald track cla sic will again b boated In th City of Englewood at Englewood High School on la 1 , 1 nd WH R A , d CltUenB are urged to attend thl dmlaslon fr ' t, of Englewood ftlrth r urg all of Colorado to att1.nd nd support th Clualc nd be mad awar or th natl l call r of qualt , f mal com1 titora ortginatlng In thl , our II\' ml throu •I ut th tat of ColorMI • I -.. • • I • - CI'IT OF ~ •L.E OOD P ){N I G A ZOMIMG 188101' AP l L 8, 1975 I.~~~· 'ftle re1ular aeeting of the City Planning and Zoning Oollai••ion ••• called to order at 8 :00 P.M. by Cbairaan Martin • ._bera preHnt : Wade; Bro wn; Jones; JorgeDBon; Martin ;· Parker ; Pieraon ; Sllitb; Tanguaa Supinger, Ex-officio bera abaent: None Also pre .. nt: A••iatant Director Roaana; Assistant City Attorney Lee; Asaociate Planner Bou.e II • APPRDY AL Q! III NUTES. llr. Martin atated that the Minute• of llarch 18, 1976, .. re to be CODaidered for approval. llra. Pieraon noted that on Page 10, f3, ahe bad referred to l•sal cou ... el, not the City Attorney'• Office. Taqaa aoved: Joaea aeconded : 'ftle Minute of llarcb 18, 1976, be apprOYed a• corrected. AYl8 : Tanauaa; Wade; Brown ; Jonea; Jorgenaon; llartin; Parker; Pieraon; Saith llA Tl : lloD• 'ftle aotion carried. Ill. CA8 #11-75 Bro D ltOY d : Talll\UI conded: 'lb Public H ari be 0 D d. J. ad ; ro n; Jon Jo rs OD ; rtta; c arri d . • • ...... • 0 - -2- Mr. John Criswell 3780 South Broadway -stated he is an attorney-at-law, and represents the applicant. Mr. Criswell noted that a request for the alley vacation in Block 4, Higgins South Broadway Heights, is identified as Case #10-75; however, inasmuch as both the request for approval of a Planned Develop- ment and the reque t for the alley vacation are concerned with the ame property, he would like to address both matters. Mr. Criswell filed four certification of posting forms with the S cretary of tb Commission ; these certifications contain a picture of each of the four signs used to post the property giving notice of the Public Hearing. Mr. Criswell then presented to each member of the Commission, copies of a number of documents pertaining to th r que t. • - ( • • • 0 - -3- Mr .Cri w 11 p n • "d ot th ~ i f the P l nnPd De v approved by th ommiss ion a nd City Council, it with the r pa h e County Clerk and Rec o r d , an binding on t he d evel o p r . l o pment is 1 h e n recorded 1c; le 11y Mr . Criswell then di cussed th Higgin South Bro a dway H i ght ; not d to b an up ide-down "T ". The applicant we t leg of t h "T" extending from South north/ outh inte r e c tion of the alle be lley in Block 4, t at the all y appears i a king th the Clarkson east to the vacat d. Cr1 well summarized the taff report, and noted that the r~r ition on which the taff ba d approval are: (1) ownersh ip r o f ; he referred to deeds in the packet presented to the P rs. All the land i s und r ontract to Mr. Kipke. (2) Mr. r . well referred to a proper turning radius for fire equipment i f th e t leg of the alley i vacated; with the acquisit 1 ~n of the additional 2-1/2 lots from Mrs. Soloaon, there will be ad quate area dedicated to the City for turning aovem nts by large equipment. Mr. Criswell stated that it is the intent of th applicant that the all y hall be paved. Fire lanes shall be de ignated and maintained. (3) The drainage ys t e ho n in the dev lopm nt plan hall b maintain d at the ~np licant's xpen ; (4) the applicant a ree that off-tr t par g shall not xc d a ratio of 1 :1, and if the u e of th it should han , additional parking would be provided to a t th r - quir a nt of the R-3-A Zone Di trict. (5) Land capin plan ould be pr nt d to and approved by the City of Englewood prior to i uanc of a Building Permit. Mr. Cri ha th Bu1l di n , 11 tated that approval of th application ff c t of aodifying or varying in any ay th or oi Cod ould not Fir , • • • • - -4- Mr. Criswell r lerr ed to a Pa r king Re qu irement s Report contained in the packet he had previously presented to th Commission. Mr. Criswell stated that urve ys of ret irement homes for the more affluent elderly regarding p arking, a report from the Automotive Manufacturers Associat i on on parking and other studies, bear out the fact that persons l iving in retirement homes do not have the automobiles that other segments of the population do. It is estimated that of the populat i on over the age of 70 , only 2-1/2% own automobiles. Mr. Criswell noted that the parking plans for the proposed development will pro- vi de 149 off-street parking spaces; this is a ratio of 1 :1, 33 spaces. Mr. Criswell stated he felt it c ould be concluded ~h at this particular development does not need the parking ea that a typical apartment house would need. r . Cri swell further discussed the matter of height of the p ropo ed structure. Mr. Cri well tated there are not s ~r i ic guide lines pertain i ng to h eight under the Planned Developmen t regulation ; ther are two ways to increase height under §22.5-7 of the Comprehen ive Zoning Ordinance, however. 1be first method provides that for e very foot of height the buildi ng exceeds the limitati on, an additional foot of setbac k must be provided on each side yard. A econd way to incre ~ the height of a structure is given in §22.5-7a(4), in wh ; h section City Cou n cil ha the authority to increase the height of a tructur without provision of additional setback if they d termine, after a Public Hearing , that there is no adverse effect on adjoining properties. Mr. Cri w 11 referred to a number of lett r from individual ho upport the project, which ar n cluded in th pa ket h pr viou ly pr nted to th Co.ai ion • • • ( • • 0 - -5- Mr. Jones comm on a d e 1cie n c of visito r parking around apar tment comple xes in Che t~eman Pa rk and other sit?s . Mr. Jones asked wha t plans the deve l oper might have fo r th is situation? Mr. Criswell stated t at the proposal provides 149 parking spaces , plus the addit ~0 na l land in the 2-1 /2 lots recently contracted by Mr. K1pke i 1 vm r s . Solomon. Mr . Criswell stated that he felt the City would n ot ant the addit ional 2-1 /2 lots dev oted to parking until it ca n be determ ned whether additi < 1 1 parkin g is n eeded . Mr. Cr iswell st a ted that Mr . Kipke is willi ng to c omm i t there will not be more ha n 116 cars for r e id nts; this will leave 33 spaces for P t parking. 'Ibe 33 space will exceed the guest parking · io of 1·5 which is i n the Ordinance. Mr. Criswell stated .~ e lt they cou ld demonstrate that the 1:1 ratio for resident ~r~ing is high. r. Cri ~ 11 in troduc ed Mr. Arthur H,Kipke, developer of hP pro po ed project. Mr. Criswell re fe rred to a resume of Mr. Kipke c onta ined in the packet gi ven th C0111111ission. r . Kipke ha done project in P ru, Hai t i, Jamai ca, Chile, Gr ece, California, and other locations all over the world. Mr . Kipke has exten ive xperience i n the fields of engineering and finance, and ha lectur d on bo ubj c t ) • • • • • -6- site shoul d • 11 I pJ • 0 • • • ( • • • - -7- benefits from h ·~ work on the p roje c t thus fa r ; he pointed out that this will be no burden on the school system, and will be a $6,000 ,000 tax base to the City . Mr. Martin asked if the life lease fee was to be used to recover building costs? Mr. Kipke discus sed the i nancing of the con- struction costs. He stated that the li fe le ase fees will show evidence of need for such a development and that he has a stand- by commitment for a loan. Mrs. Pierson asked if the building would be paid for by the time it is completed? Mr. Kipke stated that he hoped it would be by the time the last tenant moved in. tt stated that he will have a construction loan. r . Jorgenson stated he assumed there would be funds coming in to c over up-keep, etc.? Mr. Kipke stated there would be a "Monthly Resident Living Cost", which will cover all the living expenses incurred by the resident, which he estimates will P $550/aonth. 'nlis monthly resident living cost will cover ad- ministrative costs, raw food, utilities, legal, building maintenance , maid service, laundry, etc. 1bis will be approximately $18.69 per day per resident. Mr. Kipke stated he was sure that the resident living cost and the pro-rated life lease fee would not exceed $700 per month. Mr. Brown asked if the units would be furnished or unfurnished? Mr. Kipke stated they had initially wanted to furnish thea, but were advi ed that most of the persons would want to use their own furnishings. 'nley will provide drapes and carpeting. Mrs. Wade asked if it was anticipated that only a portion of the r sidenta would use the dining rooa? Mr. Kipke stated th y plan to serve two aain aeala per day per person. Mr. Parker asked about th layout of th building, Mr. Kipk they propo a first floor to be reach d froa th parkin thi fir t floor ill at approxiaat ly th Cla rkson vation on th north id of th proper y , and approxi- f t abov th Cla rk on tr l vat on on th outh property . r • • - • • -8- level park ing. Street t the t deck f '\ • 0 - e :! .. t ng ar a. A tPn min • r cs w9S declared at 9 :5 5 'Ill e meeting reconv ned at 10. 5 p.l. '°''ti Eme rson Mr. Cri' e 1 asked if any mem ber of the Commiss i on had a ny que stions of Mr Kipke? ·-.Jones asked about th fl ood plain level? Mr. Supinger +e that a memor andum from City Engineer Sagrillo states thP ~i te is 2 ft. above the 1 00-year storm level . Pier on stated that h i impressed with the concept and l _g n o f th proposal ; s is , ho ever, concerne d with the and he1 ht of th is st ructure and the location on the Jot. r. Pierson tated that the propo e d truc ture will "com , .. t.•V dwa rf " the intersec i on and he surrounJin deve lo pm t; she sta ed it is out of proportion with everything else in the area. She asked if it ~ere possible to move the structure back on the lot so that it would no be cons t ructed from ur b-to-curb? r. Baldry stated that even if they had had t he en tire /2 ul ock available to rk 1th, th y might no hav db cd the propo ed proj ec t diff r ntly; h re erred to the topog dphy of the block and gen rnl area. r. Tan um.a noted that catch basin in th propo y didn't anticipate water in? r. Baldry discu re 1 ub-ur fac draina ina ill pip d to th dete rmin th 5. r pump Baldry • • • 0 - -9- 10-year period ; at least 5 % of th entranc e fee will be returned to the individual or the estate. Brief discussion followed. Mr. Martin asked for anyone else in favor of the project to speak. Mr. Ray Ludwig 2888 South Ogden -stated that he had lived in Englewood for Criswell is a the proposal. ment would be 28 years ; in the packet presented 'by Mr. letter to Mayor Taylor froa Mr. Ludwig supporting Mr. Ludwig stated he felt the proposed develop- a "splendid thing for Englewood." Mr . Tom Rowen 5133 South Osceola Street -stated he had a mother 80 years of age, and would like to have a facility uch as this for her. M . Amy Bauer 1939 Fairfax -stated her •other-in-law resides in California; they would lik to have a developaent such as this for her to live in clo to the•; she supported the proposal. Mr. Martin a ked for tho e p r on in oppo ition to the propo al to peak. Mr. Gary Andresen 949 Ea t K nyon Av nu r . on and r. D lD • • • • • I • - -10- Mr. Andresen st tha hr fc1 tli i!."suc ·'· ~ne he r or not Mr. Kipke 's prOJ ct wo JJ v~ c onstructed o u ld ~u n~+ermi ned by a j udge . Mr. Andresen acknowledged t a t i t ~a s an exciting proJe c t and wa s unprecedented in t hi s ar a ; h t · cd lC u n de rstood the problems the developer and a r ch itect h ave .ad to solve in the design of the proposal. Mr. Andresen di scussed the traffic and parking; he stat d that ~er on has a 10% grade dead-ending at U.S. 285; it is a very ~ve ro u s situation in bad weather, and during an ice stona like lihood of a run-away car coming onto his property is P.ry real possibility. Mr. Andresen stated he felt that c-· t h Emerson Street should be re-engineered. r . Andre sen stated h at the park i ng lot on the U.S. 285 fr ontage is not screened, or at least there appear to be v attempt to screen it, and the lights from automobile pulling into the parking structure would be a nuisanc • Mr. Andresen added that most parking structures he has se n are "ugly". He uggested that pos ibly th parking could all b laced underground; also that they might be able to provid h r e levels of parking and meet th requirements of th . J'" hensive Zonin Ord nance. Mr. Andr n pointed out that, 1n h opinion, e c h unit with a kitchen will n ed at lea t two parkin spaces --unit without kitchen will need at lea t 1-1/2 parking pac Mr. Andre en tat d that th Englewood Cod does repre nt "ainiaua tandard . " d the matter d r C) • { • 0 ,. - -11- Mrs. Clayton 3550 South Emerson Stre t -stated she had lived in F ng lewood 39 years, a nd ould hope to stay in her pre nt home. She stated he neighborhood is pretty well saturated with people now; th addition of 140 add itional person with the automobiles will ~o m p u ~n -a problem as the carbon monoxide from the highway is ba d n o~; she stated that a bu i lding of this size will "consume" the resident s o the area. Mrs. Cl ay ton stated that a great percentage of residents in the area are of retirement age, and this proposed development i ll just push them out of their homes. r. Cathron 3 8 South Emerson -stated he had lived at that address 40 years. If the proposed development is p ~roved and constructed, his view of the mount a ins will be el1minated. Th park1n tructure will be right in hi fr ~~t y rd, and it would be like looking into a wall when he woul d look to the west. r. Cathron also commented on the c a bon monoxide, which i bad i n the area. Mr. Cathron emphasized that thi "Tower of Babel " would be a wall in front of his home, and that he and others in the area would uffer ph ir ally, mentally and financially from thi developmen t . H ti ated that 2si of the enior citiz n uffer f rom om probl m, and he could not ima in that tho per on fi nancial tatu to afford li ing in uch a propo al ant to liv along a ix-lan hi h ay. He tated that he bad to have air cl an r in tall d in hi home. Mr. Cathron tated that n his op nion, hi prop rty value ould d er a e along itb bis h alth and • ntal attitud if this proposal allow d. Bill Thorn y 3700 South Cl on - • • • • • 0 , . • -1 2 - as time goes o 1 tha f. a · e • 1 • tA now wlu.c h do not r quire a lease. Mr . tterson t a t ed he f ll t~e appl icant cou ld do as he a nted to with •he prop ,rty o lo~~ ~he followed all applic bl e code ; h e tat e d be could not see how the Comaission can grant v ari ance n height or parking. Mr . Pa t terson stated he was aga inst he p i >ie·t. Mr . Andresen po inted o ut that Swedish Medical c oap l ~ i s located on a two-block i te comprising approximately 10 acres ; thi f acility is proposed for 1.2 acres. Swedish M dical complex ~ s ample open area and some very nice site planning ent into a p roj ect. Pierson asked how many employees there would be in the p .. po ed developaent. Mr. Ki pke stated there would 28 ;loyees. Mrs. Pier on asked i f parking had been provided for th employees? Mr. Kipke stated there had been parki ~~ prov1d d, and pointed out that some of the eaployee ill b on a shift-basis. Mr. Criswell discussed the drainage problea along Greenwood Gulch and the needed iaproveaent of South Clarkson S eet. Mr. Cri w 11 tated that h n U.S. 285 wa construe d, the Stat High ay Departa nt wa supposed to put the dra1 under Cl ark on to eapty into Littl Dry Creek. Mr. Cri w 11 stated b did not deny ther a r erious drainage problem on Mr . Andres n' western-o t property, but that th water is coaing froa th east and he do s not think th propo d project would be addin very auch run-off wat r to the drainage sy tea. Mr. Martin r cord. H roa Mayor Hospital. st at d that h wish d to enter soa into th th n r ad a lett r froa llr . Ora Sorr la, and Taylor to Mr. Molin , Adainistrator of Porter 11 .. orial lbe l tt r ar a follo • • , • 0 • -13- ~wood C1t7 COUllCU Cl\T mall ~l•oo4, Colol"ll4o DM.r lir1, April I, 19?15 U h l11p011i'blo for • \o a\\111.4 tho ~ .. \h11 n•lac roprdinc tho oln111 1\01'7 ft1141ac \Ila' la plaau4 on tho 31115 Btc~ lto• .. • Clark .. • aD4 a..r1on l\r .. \1. I u collplo\oq oppo104 \o \h11 pl.aa. I\ wo-14 lhu\ of't Ill' Ti• la \Ila\ 41rocUoa, 1' W01ll.4 .-. a oo-.lo\o ... of parklnc U'oaK MN ...... Mft .. lU Uo .. • u woal.4 raia tho ftl• ot Ill' ham bero -.ro I bM'O U~ • lone U•. I\ la a •114 plaa u4 ao o• •1th _.., ""14 wan\ \o Un 1n nob a looaUoa. lach a ,i..o. lhftl4 1to bull\ wboro \boro 11 IJlllOO. I\ Wftlt nla all \be Jl' .... \7 U'O'IUl4 MrO &114 all \ho h-. CIWMl'O U'e 41._raatlof. Mod 1aah a plaa. I u complo\lq, 'o\&117 ..-tu' 1,. ? /.·i· (. Mr1 . ON reh .. . t"v ' MIO ln\hlllllll' ... I l•oo4. ColorM.o uf~- • • -14- "· utl r: T . A.dmllllmltllllM ..... -ftallllll Jlt I ..... DI , o....c.1 ... mi• O..rMr ....... • I• - ,....,. .. ,.. ..... _ ............... ..,, .... ,. 0 ,,....,_ Btlll ...... , Is .. ._ .. ..,.,._.o 'b · ,,. .... afµec'Ss• ---•tpcq ......................... _ ... _...I....._ W1t ... ..... ' •' • • • • 0 I• • -15- Parker moved: Wade seconded: The Pu blic Hearing be closed. AYES : Pierson ; Smith ; Tanguma ; Wade; Brown ; Jones; Jorgenson; Martin ; Parker NAYS : None nte motion carried. Mr. Martin stated that the request for alley vacation in Block 4, Higgins South Broadway Heights, bad been discussed in the urse of the previous Public Hearing, and would not be dis- <' s ed separately. Mr. Supinger stated that no Public Hearing required on the alley vacation; he suggested that the Coa- m1 sion might take note of the staff report, of the discussion on the previou matter and table it for furth r consideration. Mr. Mart i n sugge ted that a study session should be set for fu rther discussion on this matter, and suggested that the ~Ulll­ mi sion might meet at 7 :00 P.M. on April 22nd for a on -hour tudy session prior to the regular meeting at 8 :00 P .M. It as so determin d . IV. RALPH VAHDER HORST Vacation of W t Adriati c Va ation of All y in Bloc k 92, Sheridan H ight . Mr. Mart i n not d th t th th m tin of Mar h 18th r ardin th va ation of ff ights , and th Planning to th CASE lf7-75B Uar ch 18, 1975 March 4, 1975 • • -• - -16- Mr. Parker st. ingr s~ and ~blLb to a ~ no t i n f a vor o any va c ation~ WO. on not d tha t by lo ng Adriatic Av nue , there large war hou e d v elo pm ent and c ould effectively s for fir e qu ipm nt through the area. Discussion tated h felt the Co i sio n should take no aL ~un ted va c ation , but only becau e he fe ls the Pl anned proc dure might work b tt r in the long run, at such lopment of th site is imminent. At that time, Mr. r quest for treet and alley vacation is ion. i thdraw d. r. Martin ugg ted that Ir. •anderHorst hi r qu t until u h tim definite d that th Co mmi i th r approvin d: Th Pl for v ion hould take om action or d nying th reque t. t b - b - • • -• 0 I • - -17- property to th .o u th an d we~t , and Sout h Elati Stre et is close d to publi c acces s acro ss the gre enbelt. Mr . Ga rman's property has a depth o f 67 ft . and he i s r equest i n g vacation of the street 8 ft . in t o the Cit y p roperty at whi c h point South Elati Street is fenc ed. Mr . Garman stated that he asked for the va c ation of the street for personal reasons ; motorists drive into the area and atte.pt to turn around , then the y get stuck in his yard . Mr . Garman referred to the staf f report , and noted that the ut i l i t ies l ocated in the street serve his house. Mr. Garman noted that he had dedicated 56.75 ft. of his land to the City for street pu rposes at the time he replatted that area. 'lbere was curb a n d gutter installed when the City began the greenbelt project, a nd now there is no curb. Mr. Garman discussed the access to h is property, and his desire to be able to park in front of his property on Elati; if no parking signs are erected, a s wa suggested, they would apply to hia also. Mr. Garman stated that he would like the full width of the street vacated so that he would have some control over it. Mr. Garman then tated be would like to have the east 1 /2 of the street back so he could have access to his drive-way. He stated there should be some way t o prevent persons f rom driv i ng down that port ion of South Elat i Street . He stated that be is i n the proc es s o f bui lding a garage on the south s ide o f hi property and would like to u s a port i on o f the s t re e t, if vacated , as an area to park c a r when he h a s c ompany. Mr. Jones noted there might be pede trian traf fi c that would be usin the i d walks i n thi area. Mr. Jone not d the prox i mi ty o f the sc hool to th is area. Di scussion followed. Mr. Brown not d that the street aight hav to b cut through at Olll time i n th f u t ur , and thi va c ation ould e r at probl m a t that t im Mr . Ga rm a n t at d that h d idn 't any probl m. Di ion n u d. l. 2. Jt; h int r Th r QU t fil d by South Elati tr t, to va 4500 block of outh la i Str ithin th ri h -o -•1· 0 -.,. • • • • • I • - -18 4. The appli cni ~ill ha v e h us e of he righ t-of-way for ac e ss to his prope rty d nd will continue, t hercf .re, to enjoy t h use of the right -of-way for one of the purposes that it was originally intende d. Discussion followed. Mr. Tanguma a~k ed i the City does not use or ha no use for part of the 4500 block South Elati Stre t, if there would be any way that the City could ome up with an agreement with Mr. Garman so that he could use part of the street? r. L e stat d that the tr ts are dedicated to the C ty o' Englewood , the Ci y h olds in trust for use of the public a J1 ht-of-way. Mr. Lee stated that he would question the right ot t he City, as trustee of a piece of property for the use of t publi , to make an a r em nt for that use which might ex- L c de th public. It ould not be a proper agreement for ~he City to enter into. When the City does not need the treet , it hould be vacat d and r v rt to th adjoining prop rty owners. r. he ho Mr. L to th h uma tat d that if the City no longer has use for it, on why it houldn't be given back to h person City in th fir t plac r on a k d if th c ond mnation pro ity n ded th property at a later dur would be available to th City? d tha cond mnati n proc din would be availabl th C ity would hav to o to Court to d t rain th land. on a k d ni t1ally? and av th d: d • r. Ganaan if h had d dicat d th land to Mr . Ganaan stat d that b ubdivid d hi tr t at that t1 r : aith : Tan u a: a ro n ; Jon • • -• 0 - -19- Mr. Martin suggested that perhaps some of the preliminary work could be out of the way before it gets to the Commission. Mr. Martin asked the status of the court suit regarding the annexation . Mr. Lee stated that we are now awaiting a decision on the matter . Discussion fo llowed. Mr. Jones tated that on RTD, they need to know where the bus shelter should be loc ated. Mrs. Romans handed members of the Commission a news release regarding a request for the resignation of the Director of Community Development. She stated that Mr. Supinger felt it would be better for the members of the COlllJllission to read about it at the meeting than in the newspaper the next day. Mr. Parker asked that hi c omment be recorded, and stated that he thinks the City Manager has made an error; he do s not think Mr. Supinger ha lo t the confidence of the Community; he thinks only a few people in downto~n Englewood are behind the effort; they are aying "we don't want him any more because bs is destroying our ay of life"but maybe he i helping our way of life. Mr. Parker referr d to a ''traumatic el ction " re ulting from th Cor Ar a Plan and tat d that did not a an Mr. Suping r wa th originator of th Core Ar a Plan. Kr. Parker tat d he f lt Mr. Supinger i a victia of circua tances that occurred about th time the Core Ar a Plan a und r con- sideration. Mr. Park r tated that h f lt th aanner in hich Mr. Suping r and Mr . Roman hav ork d together, th City baa a team that i pr tty w 11 unbeatabl • Mr. Park r eaphaaiz d that th r que t for Mr. Supin r' r si nation i an H tat d that h lt th City Coun il aad an h t d th r pon ibility to City Mana r McCo n ; th hould ha iv n Oii d t raination on th aatt r. h no d Cou n 1, • na l n. rror ; b th r r• • • 0 - -20 · Mr. Tanguma st t it i~ h • opinio r ~1p.n~e r was doing his job, and that t he Citf will lose ~ very d d c +c 4 emp loyee. Mr . Ta n g um a r .f rre d to wording in th ne s rel e,se , h ich he f cP l indic a e that Ci ty Council uggested very trongly that Mr. Supinger be asked to re sign. Di c u ssion ensued. Mr . Brown stat that h pe rsonally feels Mr. Supinger has done an out tanding job, and f els that hi re ignation wi ll be the 'ity' los • He stated that he could not speak for the City • 11~cil, b ut he doe personally feel the resignation will be r at 1 ss to th City; Mr. Sup inger i dedicated, and has ri buted a great deal to the City. •·meeting adourned at 12:15 A.M. • • - City of Englewood 3400 S El111 Street Englewood , Colorldo 80110 Phone (303) 761-1140 • I• - 3b PROCLAMATT N WHEREAS, the Rocky Mountain tate Premier of Circu Varg a s is at Cind rella City in Engle ood; and WH EREA , the Clrcu is the on form of the ent rta inm nt ar t th t ha s n v r ha d to undergo cen or hip ; an d WHEREA , th Circus Va r aa had d dlc at d it elf t o the ortbv t k of returnlni: circu -go rs to the rlch tradition of th circus a it once a in Am rlca; nd WH ER A , th M m Cinder Ila Cit s to ramtly NOW, TH • I. T • TAYLO R, hvor of th Cit of n 1 ~ood, Colorado, do h r by proclaim w dn sday, a\ 14 , 1 75 , a ''CI H ' DAY" tn th City o ood. D ,o t I.T ill 5thD 'I A T . " s l Ta.,.lor MAY C'R • • -• 0 I ~ - P R 0 C L A M A T I 0 WH EREA S , i is aesthetically important to eep the property in Englewood in a clean and orderly manner; and WHEREAS, the annual City cleanup program is to begin on May 12, 1 975; and WH ERcAS , the City will offer a service t o th residents of Englewood whereby they will pick up and haul away all tra s h and tree branches whi ch hav heen cut and placed in the proper manner. ~W, THEREFORE , I, Jame L. Taylor, Mayor of th L1ty of Englewood, Colorado , do hereby proclaim Ma l:? through la) 22 , 1975 t o be CLLA -UP , PAI 'T-UP A. D FI -UP TIM ln th to obs m ing to l i C1ty of Engl wood , Colorado , rve the date nd a cti ely F.n lewood clea n, e theti c and i it. and urge all re idents p rticip te in community in which •. ' • • • 0 - TO: Andrew J. Mccown, City Manager FROM: James L. supinger, Director of Conununity Development SUBJECT: Report re: Attendance at CPAC/ASPO Joint Planning Conference in Vancouver, British Columbia DATE: April 29, 1975 The Joint Planning Conference of the conununity Planning Associ- ation of Canada and the American society of Planning Officials was held in Vancouver, British Columbia from April 12th through April 17, 1975. I must say that this was the best conference that I have ever attended and I hope that this report will do justice to the conference and, surely, one of the most beautiful areas of the world. Upon arrival in Vancouver, I was inunediately struck by the similarity of the area to the San Francisco Bay Area. After registration early Saturday morning, I went on the first Mob ile Workshop, an Orientation Tour, by bus, of Vancouver. In lis- tening to th tour guid , reading handout literatur , nd visualizing the city, my initial impression of the similarity to S n Franci co was borne out. Th land ar a, topography, g ogr phic a tting and clim t ar very similar to th San Fr Th thr positiv sp ct• of Vancouv r r (1) nt. (2) gen r l cle nl n u, and (3) natur o ven the mos mod a horn • •• rcial/ • • - • Page -2- Andrew J. Mccown April 29, 1975 • l • - On Sunday, through the graciousness of Don Paul, Arapahoe county Plann ing Dir ctor, who had rented an auto, I visited the magni- fic nt Stanley P rk on th tip of the Vancouver Peninsula. The l,000 acr park, only S minut s from downtown includes a full rang of landscape and activity -dense forest, formal garden s, act ivity fi lds, marinas, beaches, picnic grounds, totem poles, artifacts, zoo, aquariums and native wildlife. It is a truly a beautiful p rk which is enjoyed by the entire metrop olitan a r ea. Sunday evening w attended the welcoming reception at t he Oompapa Festhall which was a fun celebration with a Bavarian band and a good chance to m t new friends and renew old aquaintances. On Monday, I took the Harbor Cruise through Bunnard Inlet into the Fraser River Valley which was not only beautiful trip, but helped m to better understand and xperience to hustling bust- ling port activiti s ranging from log rafts and tugboats to a Russian grain ship and massiv p tro chemical complexes. W wer again impr ssed by the gen ral cleanliness of ev n the large industrial complex s. Upon my r turn from th xplore and thr th • • - ' Page -3- Andrew J. Mccown April 29, 1975 • I • - I left the breakfast slightly early to go on the "False creek - Inner City Redevelopment Workshop." After walking through a City employee picket line, we boarded bicycles to cover the 5-6 mile trail to experience and learn about plans by the City of Vancouver and Canadia.n Pacific Railroad to redevelop indus- trial a.nd railroad yard lands on both sides of the False Creek Inlet. The cooperative plan, which has been approved by the City, includes residential, commercial and public open space areas. While the private residential development will be dense (100 units/net acre) there will be plenty of public open spa e, public access to the waterfront, and views will be maintained. This is a very exciting waterfront development proposal. (Please note that I got my photo on the front page of the Vancouver Sun by going on this workshop). Our tour guide, Jill Davidson is a planning student at the University of British Columbia. That afternoon, I spent walking 5-6miles on the Gastown/China- town Mobile Workshop. It was xc ptionally exciting to • th new structures, tast fully integrated with renovat d hiatoric structures i n th area of Vancouver's original developm nt. Not long ago th area was "Skid Row" but is now und rgoin9 massiv renovation . H re w • induatrial atructurea n aring 100 years old b ing r novat d into COlllll rci l and office ar aa cormtanding very high rent•. Ne dl •• to • y, wh n I got back to th hotel I waa tir d nd th extend d from y "• at" to my f t. It waa worth h workahop (only icoll Ma ll in • • - Page -4- Andrew J. Mccown April 29, 1975 • I • - beautiful interior, the theater was about to be demolished when the City purchased the structure. Starting this summer, the structure will be renovated through the cooperation of the City, Pro vincial and Federal Governments and public subscription. This was a fine concert in a beautiful building. On Thursday I went on the tour to Vancouver Island to visit Victoria, the British Columbia provincial capital. This was a f ine ending to a week in British Columbia because Victoria is a unique city. Site of the original Hudson's Bay Fort on the W st Coast of Canada, Victoria has many old and historic build- i n g s -most of which are being, or have been renovated. In add i tion to seeing historic buildings in downtown, w visited the Empress Hotel and the B. c. Parliament Buildings. Here a g ain , th City employees w re on strike and you will note th pro bl b i ng caused b y same. T o s a y that att ndanc of th conf r nee was a wonderful exper- 1 n c is n understatem nt. To say thank you for permitting m to tt n d the ia not enough. I can only ho that i n s o m way I can y ou, and th citiz ns o Engl wood, for p rm i tt i n g m n xperience th t I will long r ernb r. R s pec i tted, • Suping r o C u n i t y D v lo C::C I o n • • J'c.. L- c 0 c. "' c CL c; ;, :::. 0 F "' <\ t C" 0 "' v ------- • • DASTDIN ... An Exciting Rum an Development h\ \I.a\ 01 \rt PhtlllJ)' • •• - .J 1u l urt of hu Int' _) - - - • • • - \/A1 1 (" l \/t: C '10.da, 15 JJ.ost expensive housing tn (. I H'n' man of \ I l t1•.1Jt1 I 1m11 rd , Rr;altor. T 1 , 1 u hJs n·pl.H.cd roron u 1 1.. 1n.td.t'\ most ('x pens1\-t' n·~1dl q 11 .1l rr.tl (' 1.t1r market. 1 ordm 1 ' .1 lhrn t• prir r d1spJrtl\ t t Jlft·p. 1c..d h\ ( o..i I to CoJsl R~.i.l I \Utf' 'irn ue. d d1\1s10n of \ f .. l P.h.: l.m 1trd Rr.1.hor t. tt than) l un lloc.i1ot r\, \'ii r l'rt' idrnt .and I l fll•~l .tll' H.d.itif•n \1dn.a~rr st,Ut' 1h '', •·rr 1drntul hou t pncts h.1H' t t d Jt"d LJn.u.U tor tht' I I 'I" 1 c • .. - \'(l' 111\,ll [11 It> '\II I IU II\ I < I th< 11r11 111\! \\l"I 1._1 \l e 11 ot I Pl!llllO P1 It( 11 1 "t1 1 ,.l I 11.hh 1 ~ I 1 , t •1 h \1i •• 07 "",_:,;q 1 ... ~ l,'1 ~ h ·.: 11111 "".! .. , I t ~ i ""..'. .-1'"1h ~h.h J I ""..'.h.h I ~ ..,·;~,;q I .~ .. ,~I 1 1,fifl -, l ),, -111.i.., .., r;, J7h '\:.!, l 7'.: l:..!.7 t -, "\O ,'~"·,; -; .. :..'"' .:; . I ih ... .: .. ,,-, 11 ,!!1'1 .: ,d 1 H I I I I Bl ltl"-111 ... 1 I \ I (1(1 • Cl ATE ••• geraniums for bts .. • • to strike '"' C..11!1 BJI• aad h1! •· vo1unt rer fin-.• er :.qua<1 :· \'oluntcen incl ude the ma>or • "''r >Iary Ann Po'Jen . city aldermen and thr· ""e> 611<1 , on occas10n , senior cty ha personne l. llate and !us \'Olunteer• are now "or~ in;; exclu.sively on the preparation of (IOI\ er ba>ket rna tenal and he doPsn't even want to tlunk about 1'ho will prepare all tile baskrts. hang them up and woter the :n nee a \\eek "Ifs iust like working 1'1th bab1e•" she said "That's what the ) are. you know ." llate said the btggest drawback I! the fact that his department wit~ a ,...aff of 80 has only one management P">Jllo n -Ins • I can't do 1t all alone rm tired.' be said . Bate said that. 111>1ead of the usual JO • 000 beddm~ plants. there may only be be - 1 u ecn 10.~ and 15.000 •·"ed if the stnke contmues. Fotheringham on assignment I I • 7 • c f • • . 0 N - • " c; -0 .( ~ :> ~ § ~ J .. c .. . £ I c: -0 ,. 0 E ' ::> e"" .. --0 .. c § ., ;;, E > .. " a.. _r; .. -..,.. a ., .1l E 0 c .. - CJ>°"!2 c .. c: a.. q ~ ., ~ 3 c ., ~u ~ .. 0 c: c ~ ~ v ~ ~ .() ~~ ~"" > ~ -------- - ' TO: FROM: DATE: • • Andy McCown, City Manager Karl Nollenberger, Assi~tant C1ty May 1, 1975 t• ~~ Manager ~~ SUBJECT : Attendance at Program Budgeting Seminar I recently attended a program budgeting seminar in Montreal as put on by the Municipal Finance Officers Association. The seminar was an excellent one and went into great detail into the subject of program budgeting. In essence, program budget- ing is an attempt to portray the traditional City budget in terms which relate more to the City Council and general public. This is done by categorizing costs in terms of programs and services offered by the City and reflecting productivity measures and goals of the service for the budget year. The integration of similar types of services in decision-makinz processes is encouraged regardless of departmental lines. /a t a trial run at to utilize this c on ~ p Ci•y. Th work and effor invol d b c omes part of the ba i n ia raters and Ci y Co lad o dis c u s s his wi er he ability to v iew as This 0 conve n1 n c . ' • • • • 3[J TO: Andy McCown, c·~ Karl Nollenbergc May 1, 1975 Manager ~' FROM: Assistant City Manager DATE: SUBJECT: Finance Department Utilization of Personnel As per your request, I am submitting this report on the utilization of finance department personnel during those hours saved by computerization. As I have stated in the past, a great deal of the labor savings of computerizing is in the uture as we are able , for ex mple, to expand our utility customer s with very little increase in admin- istrative back-up. The in ial projec of connecting 10,000 water accounts and 23,000 sLwe~ acco~nts have been a long one which was the las major item in the conversion of the financial sub -sys tem. I is true tha the b1lling cycle has been cut from three days o six hours resulting in the savings of two days times wo persons r person days. Projects which hav b cc: 0 Lo r , r /IC you yo r of e ses e of ays m. con- • • -• 0 • lftaOfRCI rw•CUMMMA Andy Mccown, City Manager DATli May 1, 1975 Kells Waggoner, Director of Public Works and Harry Taylor, Purchasing Agent PAVING DISTRICT NO. 22 Bids were opened on Wednesday, April 30, 1975 for Paving District No. 22; the bid results are shown below: Rocky Mountain Paving Co. Colorado--Wyoming Const. co. Peter Kiewit Sons' Co. Brannan Sand & Gravel Co. Western Paving Const. Co. Asphalt Paving Co. $394,980.52 395,684.53 418, 012. 59 435,281.45 439,240.34 441,777.66 Bids came in much lower than we had expected. our esti- mate was $550,853.85. Attached is a short resum& on the low bidder, Rocky MOuntain Paving co., and we would recommend accepting their proposal for construction of Paving District No. 22 in the amount of $394,980.52, and awarding of the bid at this time. It would appear, from the bids, that the Section A-- ass aaabl coat --will be approximately $473,000 ($338,000 Section A Construction Coat• plus approxi- ma ely 40 misc llan oua coats • $473,000). Sine rely, ork• At ch. 7h -r+ Harry Taylor Purchaaing Aqen • • • 0 • RO CKY M OlJNTAlN P AV l NG COMPANY A DIVISION OF FOUNTAIN SAND & GRAVEL COMPANY P.O. BOX 535 • PUEBLO, COLORAOO 81002 • 13031 54-4 ·5451 Rocky Mountain Paving was formed in Colorado Springs in 1948. In 1955 the company expanded to do highway construction throughout the state. In 1972 Rocky Mountain Paving became a Division of Fountain Sand and Gravel Company, which is a wholly owned subsidiary of CF&I Steel. Rocky Mountain Paving is a licensed highway contractor with suf fi- cient bonding capacity and equipment to handle any job. Job Experience a. Colorado State Highway Department Canon City Stonew ell Lamar Craig Cortez Long1110nt Fort Collins La Junta Plus other jobs all over the state. b. U. s. Governmental Agencies Bureau of Indian Affairs -Navajo Irrigation Project Farmington, Nev Mexico Pu b lo Arrtty Depot Petaraon Fi ld -Colo rado Springs Fort Carson -Colorado Springs Air Fores Academy -Colorado Sprin a Duran o A.irport Pr • nt Contract a. City of Color ado Sprin a -l97S overlay proaraa b. Pu lo W t -McCulloch Prop rtiea and Pu blo W at District c. crn 1 • plan pavin uopolltan I I l' I I I •. • • , -• 0 • Equipment 1 -Boein~ Dryer Drum Plant 1 -Lima Madsen 5,000# Plant 2 -Barber Greene Plants Rocky Mountain Paving has sufficient laydown equipment, trucka and other associJted construction machinery to service these four plants. A,&areaata Sueeliea A&&reaata is supplied to Rocky Mountain Paving by Fountain Sand and Gravel, the parent company, fro• laasad or owned pita in Northern Douglas County, Colorado Springs, and Pueblo. Fountain Sand and Gravel has the neces1ary crushing and screening equipment to provide specification aggre- gate1 to Rocky Mountain Pavia& where needed. Bondin& Capacity Rocky Mountain Paving, operating as a Diviaion of Fountain Sand and Gravel Company, a wholly owned subsidiary of CF'I Steel, has sufficient bonding capacity to cover any job. •. ' • • - _I ,,. . • • • Englewood Public SchoolB 41D1 SOllTll llAMIOCI smn I IJllUWDOD , CDLOUDI •110 I m.D'llOlll (3a) 111-1•1 Mr. Andy McCown City Manager City of Englewood 3400 South Elati E nglewood, CO 80110 Dear Andy: April 23, 1975 RECEIVED APR 2 5 197 5 CITY MANAGER 'S OFFICE ·-EMGLCWOOO Attached is a compilation of the bids we r eceive d for the auxiliary boiler at the High School sw i mming pool. The low bidder is a reliable contractor and it i s our intention to award the bid to h i m. These bids will be pre s e n t ed t o the Board of Education at the regular me e ting on Mand y , A p r il 2.8 . A• we discussed b y e l ephone, I would appreciate a letter from you concerning the actio of the C ity Counc il. C opy t o : Mr. J im P h1lh S i ncerely , I I • • I /,1 •0..~ t r[ t I .~,( .t,. ,,r · Donald W. H r r u pe rmt n d nt ' • • , - ' ( • • • POOL Il()ILER DGLEWOOD 'Himt SCHOOL 3800 SOUTH LOGAN S'J.RBET IHGLBWOOD, COLORADO Wheelar & Law.la, Architect• 2201 32nd Avenue Dmmar, Colorado 80211 Contractor J.J. Lay PlUllb1n1 Co. Inc. -. • .• Co'"rado !lfline Pl'911. & Beat. Inc Wbutn.t•. Colorado Sun Hec:haical liac. DeaveT. Colorad Bttl II ll/Jkl r:'MIAJ/ U:&l:. "1lrlJrl J 1-JJUJJ!J:I Belco Syatl!lllS, Inc. Deaver Colora.tn :tJJ,lJ:fl/J:ti / /011. Slattery & Collpaay Inc . o.a,;ar1 Colorado A-P-R Set.""Yice Co. De11var. Colorado lad:iu & Cocp y !ngl ewood, Colo rado C. A. D Pu , Co . 0 I• • Bid Dat:al ~ril 22, 1975 -4s00 PK -MDT M11io.ietration hild1Y !!nalewod, Color.U . Adda u Bue 11.d Wo. of Daya - x x S79 460. 00 x x 42. 340. 00 x x 47,900.00 . ----- x x 39,939.00 ------ x x •s. 833. oo • x x 31. 000 00 x .x 38.0S7.00 -- x x 49,388,00 - •. ' • • - • • • • I• • Andy Mccown, City Manager TO FROM DATE Karl Nollenberger, Assistant City Manager May 1, 1975 SUBJECT: Auxiliary Boiler Cost at Englewood High School As a result of the City Council's decision to share half the costs of the new auxiliary boiler for the swimming pool at Englewood High School, it is necessary to find funds for this purpose. Because of bids received on Paving District #22 and considered elsewhere on the agenda, there are ample funds available in excess in the Paving District account. I would recommend that the $15,500 City share of the boiler be appropriated from this acc ount and I am enclosing a resolution to do so. ~r-J~~~ Karl Nollenberger Assistant City Man ager KN/sc cc: Kells Waggoner, Director of Public Works Packy Romans, Director or Parks and Recrea ion Enclosure -l • . • • • - RESOLUTION NO. 21:::_, SERIES OF 1975 r A RESOLUTION APPROPRIATIN G FUNDS IN THE PUB LIC IMPROVEMENT FUND. • WHEREAS, the City Council has authorized participation with the Englewood School District for o ne-half the cost of an auxiliary boiler at the Englewood High School swimming pool, and WHEREAS, the Paving District construction bid ~ have been received in an amount below budget ed. ATTEST: NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. The foilowing appropriations are hereby approved in the Public Improvement Fund. Paving District #22 Swimming Pool Auxiliary Boiler Total Section 2. ($15,500) 15,500 0 The City Manag er and Di re ctor of Finance are hereby dire ctor to make the above ch n~ s o he 1975 Budg t of the City of Englewood. ADOPTED AND AP PROVED this 5th of M y, 1975. Mayor ex officio City Clerk-Treasurer I, K rl Nol l nb r ot En 1 wood, S at or Color a tru • accura nd co m l Seriea ot 197 5· r, ex tio . h copy he City OV i x of fi cio cl y Cl rk-Tr aaur r • • - r • f • • COUNCI L ACTION REQUEST LIQUOR AND 3. 2 BEER OUTLETS APPLICANT: Southland Corporation d/b/a 7-11 Store 2705 So. Broadway Englewood, Colorado TYP! OF ACTIOO REQUF.STED: Renewal of 3.2 beer license POLICE AND FBI REPORTS: See attached PREVIOUS CITY COUNCIL ACTI ONS OORING PRIOR EXCWDING .ANNUAL RENEWAL: None CITY ATTORNEY'S R!VI!W: YEARS, ' • • , -• 0 - UV . 9-701 DEPARTMENT OF REVENUE • RENEWAL APPLICAT ION FOR 3.2,, FERMENTEO MALT BEVERAGE LICENSES (GET APPROVAL OF LOCAL LICEN SING AUTHORITY FIRST ) 00 NOT Wf!Tl ·N THIS ~PA.Cf LIQUOR EHFORCEMEHT OFFICER "S ACTIO N I j ~ I AFT( ('.{TT!NC APfllO\/Al MPIOVIO I l I I r or tOC •l t1C l"-S "'"G AIJH~Q l!lfY, 1r '!lO..i ~lD. HNO 10 cOlo-...oo OtPA'1~["1l1 Of ct v f..,.vt. SUH C•"'10l ......... ~(), 'l1' \Hf,•.•~ ... Sf. 01,.,.vu. COLO. ,.. SOlmlLAND CORP DIST 1823 EAST mNVEll SIVIN ELEVEN STOU NO 1823 44 2705 S BllOAWAY DiGLDIOOD OOLOIADO 80110 I CERTIFY T HA T T HERE ARE HO C HAN GE S TO MY OR IGI NA L APPLICATION EXCEPT CHAN GE OF MANAGER, T RADE MAME OR CORPORAT E ST.R ~TU RE .1 OISA,,IOVI 0 OAlt OAlf Cl ..... SH T(!lP'HOJW[ "'Kl • I SIGNATUH ~.:~~ / ~i~•~)J~I~ (IF THERE IS A C H~E IH OWNERS QO HO~)HIS FO.R M., u_sE ,AH ORIGI NA L APPLIC AT ION .) IMPOR T AN T MANAGU"S NAME ~~. t "#ti Ai 8 A MAU CHICK 01 MONET SH INSTIUCTIONS IF A"LICANT IS A COIPOIATION . FILL 11l~1vnu MOL OIOH PAT All TO THI COLOIAOO OIPAITMINT ON THI llVHSI OF HVINUL NEW TIADE NAME SIOL HNIWAL MPLICATION FOi l.,., FHMINTIO MAl.T HVHAGI LICINSI FOi THI TIAI INOING ----TOT AL FE E(S) ll AI llTT I N,0 t M A fl 0 .. "' 01-66016-020 10 006 1018 3 052471 052376 $ 25.00 TYPE NAME AHO DESCRIPTION OF LICENSE FEE J 3.2 ftl. CENT ... llTAIL LIClllSI $ 25.00 ~ I I I I I I ! (The follow ing off 1dav 1t to be 1 19ned ond acknowledged br 1nd1vidvol1 ond each me.,,ber of partner1h 1p1 ond br (If oppl 1cot1on 11 fot 1m potte ( 1 l1 cen1•, 1n1en 1tote of bu11ne11 re11dence . corporoti on1 )I ST ATE OF COLORADO Denwe r Gene "'I)!' I SS ' 1 I nemed or thot he 11 AS&.!..;t·~at ~t:C .' "' '""of the above nomed c:orpor otion Thet he hoa reod h11 on9 1nol epp ltcet1.., en.I thot he know• the contont1 the teof, ond that o ll mottora and th 1n91 therei n 1ot forth ore tu.10 of h 11 e-n ~now l e4 e , end ho 09roe1 t •-'•'"'••ell ,.1 .. ..,d ••t•lot ••"• pt•m•l9atod by tho DEPARTMENT OF REVENUE IN COHHECTION THERE ITH. 'U UCll ID AND SWDIN TO llFDU Ml INOl\110UAL' ANO All MIMllU 01 PAllNIUHlf o• nu. 01 HCf. Df CD1•1 MUST SIG N HUI ~J DAf I pr11 7 'J THI~ OF . ,. I 11., " I . . !·~···· ' . ' -21-11 /"""'"' I " r-: #"' ~ • 'Jene i'or .! • • ax ~!'3 "CY· I .. fJ " "'~°"~HD '""°VAL Of ,LOCAL LICUSllO AllTMOIUTY I T 4 ::·~·;•,'.:: .. '·,i~:;~,._• •co:::·1 ,·,~-,.,~.°4"4_.~r ';~. ,i•: ... ~'.::'1~ c,:'~~:;~!:.",4 :~•r:c: .. '.,0 '-.~ • -:'~4~' • 1 t1.'.~~:!0!f°:.?~f ••h•~·••-"''' 0 ,.4 to •'·•• .,,.._ , 0 •f'9•11 Oftt of CH 75 . A•T l CltS I J 01 • •"'94. • I '" IOI 1Ht1 .,. IC A II ...... AIPIOVtO. I OA lO AT flllS OA• 0 , A.O. It Of 10 (lf f COll N I I I I I I I ·1 • • - ( • • • \ni O •gonn •d Jn ::t•• ti'• 1n w ol 11·• ·1.1e of Texas o .. Nov . 21. 1.9 61 c ·•· ,, Dallas Ap.ril 15, 1974 ' Te.x.a.s ~1 i'df'."lrtil bU\1"1 0 'tO•tducle d nt Dallas ,, N " Je~a W. Thompson Walton Grayson, III R. G. Smith R . G. Smith Jerris Springfield " 4217 Arm stron g _;r.-:y., Dallas . , ..... , .. 10525 Str.ait Lane, Dallas . . '" ... 1204 Cheya."lile Pl.,. Ri.chardsan s. 1 204 Cheyenne Pl., Richardson ,,. 720 S. Pierce, Denv.er .... /1'1 I ] /18/32 8/l8/28 3/}/2-3 3/3/23 5/9136 .. " •"' 1 •• c1o1•·' "' 10 .i• onmir •' t , 1u nl .1 n '. ~1ock o ... .,.a ·~ .t.... r i, " Ho"I •• <;•·••' H o. l~.63% Texas Corp . 2828 N. Hazkell N OTICE - l' T <OUR lt:EHSE I "U!:t' Oh Tll l C TIS l~'P F.TlllT AT THIS OOCUMEH VI TH YOUR >E AT 1 ' '"! Jr1ADO t.l'ART £ Ci r REV llUl . STATE CAPITOL AN Elt HR £ET ti V!: AT L • r rtrnr (15) DAY S PIUOR TO YOUR f.XPIRATION E IN T'lt HUD' OFT t 0 A AP l'll V1NG AUTHORITY AT LUST THIR Y • • • , - • TO: FROM: VATE: SUBJECT: • 0 I• • ME/.t>RANVUM V.i.Jle.cto11. o 6 F.lttMce.. Act.lttg Chle.6 MOll.gM, Pol.tee. Ve:paJttme.nt ApltU 24, 1915 LIQUOR OUTLET CALLS -1-ELEVEN, 2705 S. BROA~AY Ple.a4e. be. adv.Ue.d .the. Pol.ice.. Ve.paJl.tme.n.t ha.\ 11.e.ce.lve.d no CJ1ll.6 to .the. above. utabl.uh.me.nt dwt.Utg .the. paAt tjt.aJI. conce..11.n.lttg .the.Ur. Uquo11. Uevt6e.. 9r.iJb'7 .,,,.7.Al' ;;;w;-j7~ Robe.11.t L. Moitgall Acting Chle.6 o 6 Police. ( e.z • •. ' • • , -• • • I TR ODUCED A A BILL BY COU"-I L'lA, BROWN BY A~ORITY o, I ANCE NO . , SERIES OF 1975 A.' OR D! A CE APPROV ING A AGREEME T BETWEE THE CITY OF E. GLFWOOD , COLORADO A D THE CITY A D COU TY OF DENVER , C RADO. WHER , the City of Englewood, Co lorado and he Ci ty and Co unty of Denver, Colo rado, are desir ~ coope rating tog ether in he construe ion of a torm s ~~r outfall in we st Evans Avenu , Denver, Co lorado, and Engle- wood, Color ado plans o co nstruct an ou fall system for Federal Boulevard and Bow Mar Drainage Basins , nd the Ci ies re tri but ry o one ano her; and WH ERES, a written greement his b en reposed between said mun ic ipalities to cooperate in ac epting the low and sizing the outfall systems an nerally to con - s ruct aid ystems to e c omplimentar y o one another; and WH REA , all of said facilities are to be con - s ruLted pursuan to plans and sp cifications o be pp roved by o h Cities. ·ow, THEREFORE , BE IT ORDAi "ED BY THE CI TY COU~IL OF Tim CIT OF GLE OD , COL RADO, ollow : S ion l. l. • 1 • .. • • • • • 2 . Englewood s h all ·1z the ou t fa ll system for t he Fede ra l Boulev a rd and Bow Mar drainage basins t o a cert fl ows fr om h a t par of De ve r that dra i ns n a urally to the Federal Boulevard and Bo w Mar Dr i nage Basin outfall system. 3. Denver ~h 11 provide .tubouts to the south s 1<lc of · ns Ave nue fo r future connection by En lewood at ?u ni, Va l l ej o, Raritan and Tej on trect. 4. I: •lewood 1 1 p r 0vide stubouts, a req11 P-i on the 011 1al1 i or ti f ederal Sou l vard "ld Bo tar Jra1 n ge b a in f or f ut u re co nn e ction by D nvc 1. 5. Oenv r hall ins all ca c h b s in ~ alon sid of Ev ns A\ nu , . r q i r ed. he outh 6 . hal l in t 11 c at ch b ol I de r l Bo ul ev r d , in alon the s required . 7. Ln hall g r an De nv e r, fr e of harge, truct 1on p e rmit, eve ry pavement r mi , and e ery o her permit that is u d by Fnglewood an d required to con truct · 11, ubout s, nd c h ba ins in ' • • ....... • 0 • Section 2. The Mayor is hereby authorized and directed to execute same for and on behalf of the City of Englewood and the City Clerk is directed to attest same and affix the Seal of the Citx hereto. Introduced, read in full and passed on first reading on the 21st day of April, 1975. Published as a Bill for an Ordinance on the 24th day of April, 1975. Read by title and passed on final reading on the 5th day of May, 1975. Published by title as Ordinance No. of 1975, on the 0 th day of Ma y , 1975. MAYOR ATTEST: ex officio City Clerk-Treasurer ~~~· Series I, K rl ollenberaer, do hereby certify that the above nd fore oin is a true, accurate and coaple te copy of the Ordinance, pa s d on inal readin& and publi h d by title a Ordin nc o. eri of 19 5. ex o ' • • - • • • l ICENSE AGREEMENT THIS LICENSE AGREEMENT, made this ~{A // day of , 19_lL, between the CITY MD COUNTY OF DE VER, a muni ci a corporation of the State of Colorado, acting by and through its BOARD OF WATER CO~ISSIONERS, herein referred to as "Board", and THE CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to as "Licensee" (whether grammatically singular or plural). WITNESSEnt That: The term "Licensee" shall include employees, agents and contractors of Licensee. The term "property" as used herein refers to real property and includes easements, rights-of-way and other Board interests in land and may some times be referred to here ·n as "Boar::! prope~ty". The Board, by these presents, without warranting title or interest, and subject to the covenants hereinafter set forth does hereby authorize the Licensee, its successors and assigns, to: construct, utilize, maintain, repair and replace a PVC and polyethylene pipe underground sprinkler system, above ground ba.ckflow preventer, meter pit, sprinkler system controller on a 4' x 4' concrete slab and a playground area which shall include a concrete curb enclosure, sw1ngs, sl1des and climbing structures within and across the Board's Conduit No. 29 property at the location de~cribed in Exhibit "A", attached hereto and IT'ade a part hereof. 1. Arty construction initiated 1mder this License shall c~ly with and confonn to standards formulated by the Board and such construction shall be perforwed and c~ leted accord ing to the pl an and within the tolerances given on the Board's drawing(a) Or. ~No. 1021, a copy of which is attached hereto and made a pi!:-t ereof. Z. The Licensee, at least fifteen (15) days prior to the proposed date for cc.iencement of the work hereby authorized, shall submit to the Board for its approval a duplicate set of final detailed plans of the installa ion Licensee proposes to construct, utiliz , modify, repair, p lace or maintain here unde r. No construct1on wi 11 be penni tted on the licensed premises until the Board has approved the plans therefor. 3. The Licensee shall notify the Board at least three (3) days prior to cOll9llnce111ent of the construction of, modifications or repairs to Licensee's installation, so that the Board may make such inspections as 1t deems necessary. In the event of emergency repairs required for safety or restoration of servi e to util ty customers. Licen s ee shall not be required to urnish notice pri o r to ~ncfng said re p ;rs, u t !>h 11 noti fy the Board of the nature and extent of any such e r ncy worl.: . , .. • • 6. All Board roads and fencing which are disturbed by the construction of Licensee's installation shall, within the time prescribed in paragraph 5 hereof, be restored to a condition s atisfactory to the Board. Board roads and fencing disturbed by the reconstruction, maintenance, modification, operation, repair or replacement of Licen see's faci li ties shall immediately be restored by Licensee to a condition satisfactory to the Board. Restoration of roads shall include, but is not limited to, resurfacing when deemed necessary by the Board. If restoration is not accomplished by the Licensee within the time specified, the Board at its election may perform such restoration at Licensee's expense. Licensee shall conduct all construction, modification, operation, repair, replace- ment and maintenance of its installations in such a manner that the Board at all times shall have full and complete access to its property. 7. The Licensee shall, if required by the Board, place and maintain permanent, visible markers of a type and at locations designated by the Board to define the centerline of Lice nsee 's installation. If the placing of the centerline markers is not completed within the time specified, the Board may co~lete the work at the expense of the Licensee . 8. Licensee shall not trim or cut down any trees, shrubs, or brush on the Board's property without permission of the Boa rd. When required by the Board, Licensee, at its expense, shall trim or cut down trees, shrubs or brush and remove and dispose of the cutting debris to the satisfaction of the Board. 9. All service lines within the Board 's property from the facility herein licensed shall be installed in a manner satisfactory to the Board. -1 ·1 ii::l 1-i _. .,. •SIQ i\.I NOT · .-'?L..' .. ~E 10. Ro porti'bn oT:l fc ensee s (aciHty shall extend bel stringers of any br~fr..!'~;J.t...~s,~be...iJ.\adi.edOT · · ~?L-"AB: E 11 t -r, \ .:::>\Ul~ l"\I . '·· >~ · 11. Guy wire s and/or anchors shall be installed only .a.t JMtions designated 'by the 8'0a'rd . ~ 12. All trenches and e xcav a tions within Board pro perty sh all be back - filled in the follc:Ming manner : The trench or excavation shall be backfi lled to the original ground line using only suitable soft earth mater i al. The ba ck- fill material shall be depos ited in lay ers not to exceed eight {B) inches loose 111e1sure for the full wi dth of t he trench. Layers shall be brought up uniformly and cOflll>lcted with mechanical tampers capable of exerting a bl<M at least equivalent to 250 pounds per square foot, to 90 i of Stand ard Proctor Maximum Density . The moisture content of the mat erial shall be adjusted as required to secure the above dens ity. The amount of water us~d shall be sufficient to obtain the maximum dens ity specified. When moisture i $ in excess of that neces- sary for proper compaction, the Licensee shall be required to grade, mix or otherwise process wet material to proper moisture content or haul in suitable material . Tamping equ ipment shall be subject to the approval of the Board . 13. Un derground electri c: pow lin installations shall be encased in rigid steel conduit within the Board's property. 14. Gate installations shall be ins talled acc ording to Board specifica- tions at.wcl\•d.J'le~\O· a~ !fe..fW!.{l~e Qf,>Qe,..l..i~~tt--.1 a~d u~ o letion of the ins dl••t~.t!ttaH ll~ \IM"'t ol ~~ l!xc lu S:f"vf'"IH'O~ Gl~ Board. Locks funrlshed by· the oard sh 11 be In.stalled upon said .g ~t all t i s such gates shall 'be closed and loc~ed, cept at 'Board option, gates may ue loc ed OPEN when wat r I s in 1ts ac i li y or when n cessary for patroll ng 1ts facility. ) • • • • • • • 17. Licensee shall not and will not be pennitted to discharge water into or upon any Board property or facility, but shall provide for carriage of any water over or across Board property or facility i n a manner satisfactory to the Board at no expense to the Board . 18. At no time shall Licensee interfere with the flow of water in Board facilities and Licensee shall assume all risks incident to the presence of water in Board facilities. lg . Licensee wi 11 use a 11 reasonable means to prevent any loss or damage to the Board or to others resulting from the construction, modification, replace - ment, repair, operation and maintenance of Licl:!nsee's installation . Any repair or replacement of any of the Board's installations on its property made necessary, in the opinion of the Board, because of the construction, modification, operati on, maintenance, repai-r or replacement of Licensee's installation, shall be made only by the Board and at the sole expense of the Licensee . 20. Licensee shall indemnify and save hannless the Board, its officers, employees and agents, again st any and all claims, damages, actions or causes of action and expense to wh i ch it or they may be subjected by reason of Lice nsee's ins tall ati on being 1 ocated within and across the property of the Board or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, operation, modification, replacement, maintenance, repair or removal of Licensee's installation. If the construction of all or any part of Licensee's installation is to be perfonned by an indepen- dent contractor under contract with the Licensee, the Licensee shall so notify the Board and shall incorporate the stipulations and conditions of this License into the contract speci fl cations. and if required by the Board, cause sa_i d independent contractor to obtain, prior to c011111encement of the work, an insurance policy or policies in amounts and with companies satisfactory to the Board, which wi 11 protect the Board from any loss or damage resulting from the work perfonred by the contractor. 21. Ucenue ~,,,efl!trtns!tali.f~ of t>~1 uti1ti)~y lines on the Licensee's poles instalfedli'ereunder; provided, that th~l"'t"a°lling utility co..,lf'ly shall comply with all conditions and stipulations-of"tll'rs-ticen se and be bo1.11d thereby . 22. All work authorized by this License shall be perfonred by the Licensee at nQ expense to the Board and, except as otherwise set forth herein, Licensee shall own and maintain its insta11ation thereafter. 23. The rights and privileges granted.in th is License are subject to prior Agree11ents, Licenses and conveyances, recorded or: ""recorded, and it shall be the Licensee's sole responsibility to detennine the existence of any rights, uses or installations conflicting with the Licensee's use of the Board's property hereunder and to resohe any conflict. 24. If the Licensee does not use the right herein granted or its instal la- t i on for a period of one (1) year, or if Licensee shall at any time fail or refuse to c0111ply with or c arry out any of the conditions of this License, the Board may, at its election, revoke this icense forthwith by written notice to the Licensee in person or by mail at Licensee's last known ddress. Upon tennination of the License, the License shall ve ten (10) days to remove its installation from th 801rd's property . In th eY nt License do s not remove said installation within the time allow d, th Bo rd, wi hout i ncurring liability, may remove said inst lla- tion •t Licens 's expens . 2S. Upon ibandon nt of any righ or privilege herein granted, the r1g t of Licens to t at ext nt shall l"lllina , but Its obligation to inde Hy nd Hve ha,..less th Board, t s offi rs, e...ploy s nd a nts, shill not ntinat 1n tny e nt. 2 . Th d L reun r not be as s 1 Cl WI writ ten con sen 27 . i n c l e1 t { 8) hours o ins Ctlon by th u rth r ins c t on, Ucens shall pay th or at th • • -.-1 • 28. The Board may, at any time, by giving the Licensee thirty (30) days written notice, tenninate this Agreement. 29. Licensee shall comply with all applicable laws and ordinances and all rules, regulations and requirements of any Goverrwnental authority prOll'lllgated thereunder controlling environmental standards and conditions of the premises. If, as a result of the Licensee's occupancy of the premises and its operations hereunder, any such law, ordinance, rule, regulation is violated, Licensee shall protect, save harmless, defend and indemnify Board from and against any penalties, fines, costs and expenses including legal fees and court costs incurred by Board, caused by, resulting from or connected with such violation or violations. 30. This License is subject to the foregoing conditions and to the following special conditions : 30 {a) If it is necessary, in the opinion of the Board, to ra110ve Licensee's facilities or appurtentnces herein authorized, Licensee shall remove said facilities 1nnediately upon not1ffcatfon fro111 the Board and Licensee further agrees that removal and replacement shall be at the sole expense of Licensee. In the event said facilities are not removed 111111edfately upon notification by the Board, the Board may remove said facilities at the sole expense of the Licensee. IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written . APPROVED : Director of Plant Director of Engineering aild Construction APPROVED AS TO FORM: ~~~ avion CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER COl't4ISSIONERS By: Manager •I The undersigned authorized officer of THE CITY OF ENGLEWOOD has rHd the foregoing License and agrees for and in behalf or:said ........ ~~ ....... _,...-.,.. hat it will accept and will ab e t e te~ and colid1t1ons thereof . ATTEST : THE CITY OF ENGLEWOOD L cense Ctty Cler (Title) 8 : ADDRESS : ('iEAL) p E: _________ _ • • • • • ,------ SECTION 9, TOWNSHIP 5 SOUTH ,RANGE 68 WEST 6th P. M. --ARAPAHOE COUNTY -- S 0°29' 50" W I 71 112' j NE 11'4NE1/4 SEC . 9 r;; 57°10 '15"( I 186 00 PLAN SCALE : (.:50' NOTES : I ALL PIPELINES PROPOSED ARE P.V C OR POLYETHYLENE SPRINK L ER LI NES 2 ST AT IO NING 5 W 15 APPR O IMAT CO NDUI T NO Z. Sl ATIO NING LEGEND 1G H1 CY us W. UINCY AVE . 4 3 EXISTING GRADE (NO GRADE CHANGE PER THIS CQNTRACTl 30' PROFILE -AA -TYPICAL PROFILE NO SCALE TH 10 . ' WORKS • • : • EXHIBIT "A" A License granted to construct, utilize, maintain, repair and replace a PVC and polyethylene pipe underground sprinkler system together with appurtenances and playground area together with appurtenances within and across the Board's right- of-way for Conduit No. 2g situated 1n the northeast quarter {NE 1/4) of Section g, Township 5 South, Range 68 West of the Sixth Principal Meridian, County of Arapahoe, State of Colorado, more particularly described as follows: Beginning at a point on the west property line of South Huron Street whence the northeast corner of said Section g bears North 03° 14' East a distance of 640.B feet more or 1 ess; thence South ag 0 57' 45" West a distance of 69.77 feet to a potnt; thence South 57° 10' 15" West a distance of 222.64 feet to a point; thence South 0° 2g• 30" West a distance of 71.a2 feet to a point; thence North 57° 10' 15" East a distance of la6.00 feet to a point; thence North 12° 32' 15" West a distance of 10.67 feet to a point; thence North 57° 10' 15" East a distance of 64.00 feet to a point; thence North ago 57' 45" East a distance of 4g.1a feet to a point on the west property line of South Huron Street; thence North 0° 32' East along said property 11ne a distance of 47.0 feet more or less to the point of beginning. • • • I • • I TROOUCED AS A BILL BY CO' I! 'I BROWN BY AUT±R ITY PI ANCE NO. ~ , SERIES OF 1975 ORDI. A. CE APPROV ING A AGREEME T BETWEE THE CITY or f; GLFWOOD, COLORA 0 A D THE CIT Y AND COUNTY OF DENVER, C I. RAD . HtREAS, the City of Englewood, Co lorado and e City and Cou nty of Denver, Colo rado, are desir e cooperat1nR og her in he cons rue ion of a s orm s ~~ outfall in Wes Evans Avenue, Denver, Colorado, and Engle- wood, Co lorado plans t o construct n ou fall yst m for Fed ral Boulevard and Bow Mar Drainage Basin , nd the Ci ies are ributary o one ano her; and WHEREAS, a written agreement h ween ai municipalities o cooperat nd ·i in the outfall s stems and aid sy.tems to be compl1ment ry s b en pro osed in a cep ting the enerally to con- o one nother; WH REAS, 11 of said cil1 ies re to be con- u e<l pursuan to plan and sp cific ion o b pp r o d hy both Citi 0 , THfR[fO RE, e 0 Tl CIT • OF E GL . n, C 1. no, D B't THE CITY COU." IL follo s: •. • • ( • 0 - 2. Englewood shall sizt he outfall system for the Federal Baul vard and Bo w Mar drainage basins to accep flows fr om hat part of nenver that drains naturally to he Federal Baul ard and Bow Mar Drai nage Basin outfall system. 3. Denver _ h 11 pro ide sid o Evan_ Avenue Engle ood at Zuni, Stree . tubouts to the south for future connection by 11 jo , Raritan and Tejon 4. En•lcwood ~hall provide stubouts, as req uir ~. on he o ttall for h · Fede ral Boulevard and lio · Mar drain g ba in for futu re connection by Oenve1. S. Denver h6ll install catch basin al ong the sou h side of Ev n A enu , as required. () . en •l 1<>00 11 catch ba in along the i.e id Boul v rd, a required. 7. En •l wood h free o charg , ry pavement nd e ery oth r permit th t l l r quir d to const ruct nd ca ch ba ins in 9. • • - (' • • • Section 2. The Mayor is hereby authorized and directed to execute same for and on behalf of the City of Englewood and the City Clerk is directed to attest same and affix the Seal of the Citx hereto . Introduced, read in full and passed on first reading on the 21st day of April, 1975. Published as a Bill for an Ordinance on the 24th day of April, 1975. Read by title and passed on final reading on the 5th day of May, 1975. Published by title as Ordinance No. of 1 975, on the Pth day of Ma y , 1975. ___ , Series MAYOR ATTEST: ex o ff 1c10 City Clerk-Treasurer bo e of th itl I, Karl Nollenb and fore oing is Ordinance, pass d Ordin n ee No. rg r, do hereby c rtify that th tru , accura te and co•plet copy on final r adin and publi h d by erie of 19 5. ex o ' • • , (' • 0 I• - INTRODUCED AS A BILL BY COU CILMA BROWN BY AUTHORITY ORD INANCE NO . , SERIES OF 1975 A ORDI ANCE APP ROVING A AGREEMENT BETWEEN THE CITY OF ENG LE OOD, COLORA DO A D THE CIT Y A D COU TY OF DENVER, COLORADO . WHEREAS, the City of Englewood, Colorado and the City and Co unty of Denver, Colorado , are desiro u ~ of coo perating together in the con truction of a storm sewer outfall in West Evans Avenue, Denver, Colorado, and Engle- wood, Colorado plans to co nstruct an outfall system for Federal Boulevard and Bow Mar Drainage Basins, and he Ci i es are tributary t o one another; and WHEREA S , a writ en agreement has been proposed between said muni cipa l i ti s o cooperate i n accepting the flow and siting the outf 11 ystems and generally o con- struct said sys tems to be com plimentary to one nother; and WH EREAS, 11 of aid facilities are to be con- structed pursuant to plans and sp cifications to b pproved by bo h Ci ies. o~. TH RU ORc , B I ORDAI ED BY THE CITY COU.Cl L 0 THE CITY OF .'GL 0 , COLO RADO, as follow : ~c ion 1. h 11 n er 1. ·l· • • ........ (' • 0 • 2. Englewood shall 1ze he ou t fall system for the Federal Boulevard and Bow Mar drainage basins to accept flows from that part of Denver that drains naturally to the Feder al Boulevard and Bow Mar Drain age Basin outfall system. 3. Denver shall side of Evan Englewood at Street. provide stubouts to the south Avenue for future connection by Zuni, Vallejo, Raritan and Tejon 4. Englewood shall provide stubouts, as required, on the outf 11 for th Federal Boul evard and Bo 1ar dr inage basin for future connection by Denvc1. S. Den er shall install catch basins along the south side of Evan Avenu , as r equi r ed. 6. En le ood west sid h all install ca t ch basins along the of F deral Boulevard, as required . 7. En lewood hall rant Denver, free of charge, e ry cons tru ction permit, every pavement cuttin p rmit, and every oth r permit th ti issued by En glewood and required to con struct the outf 11, stubouts, and catch ba i n s in Evan Av enue. • • • • • Section 2. The Mayor is hereby authorized and directed to execute same for and on behalf of the City of Englewood and the City Clerk is directed to attest same and affix the Seal of the Citx hereto. Introduced, read in full and passed on first reading on the 21st day of April, 1975. Published as a Bill for an Ordinance on the 24th day of April, 1975. Read by title and passed on final reading on the 5th day of May, 1975. Published by title as Ordinance No. of 1975, on the Qth day of Ma y, 1975. MAYOR ATTEST: ex officio City Clerk-Treasurer ~~~' Series I, Karl ollenber r, do hereby certify that the above and foregoing i tru , accurat and coaplete copy of the Ordinanc , pas d on inal readin and published by title Ordinance o. rie of 19 S. • • -• 0 • INTRODUCED AS A BILL BY COUN ILMAN A BILL FOR AN ORDINANCE REPEALING AND REENACTING, WITH AMENDMEN TS, SECTION 3, CHAPTER 1, TITLE V OF THE 1969 E.M.C., EQUAL EMPLOYMENT OPPORTUNITY AND FAIR EMPLOYMENT PRACTICES; PROHIBITING DISCRIMINATION IN EMPLOYMENT; AND ADOPTING AN AFFIRMATIVE ACT ION PROGRAM FOR THE CITY OF ENGLEWOOD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 3, Chapter 1, Title V of the 1969 E.M.C., is hereby repealed and reenacted to read as follows: 5-1-3 E2UAL EMPLOYMENT OPPORTUNITY -F IR EMPLOYMENT PRACTICES (a) either the City of Englewood nor any officer or employee thereof shall dis- criminate against any applicant for employ- ment, or any employee, in electing applicant for employment, or in tr inin , pro•otion, compensation, providing b n fit , 1 off and termination , b cau e of uch applic nt~ or employe race, color, rel1 ion, , a e, national ori in or polit cal ffili tion. As a 0 , -1· ' • -• 0 I• • Civil Rights Act of 1964, 4 2 U.S.C., Se ions 200E, et seq., The Equal Oppo rtunity Act o f 1972 (Amending Title VII of the Civil Ri ght s Ac~ ~f 1?64)~ P.L. 92 -261 , and the Age Dis - crimination in Employment Act of 1967, 29 U.S.C 621-634 and 29 C.R:F·, Part 860, all major Federal Laws relating to discrimination in local .gov~rnment as set forth in the U.S. Constitution, the Constitution of the State of Colorado, as well as all Congressional Acts, and Code of Federal Regul ati ons relating thereto. Section 2. That Chapt r r 1, Titl V of the 1969 E.M.C. is hereby amended by adding a new Section to read as follows: 5-1-4 AFFIRMATIVE ACTIO PROGRAM (a) The City of Englewood hereby adopts and establishe a policy of fair practices in employment of its members and to promote equal employment opportunity for all persons regardless of race, creed, color, sex, age, national original or political ffiliation. The City of Englewood recognizes equal employmen opportuni y as a le al, soci 1, and conomic necessi y which requires p cial ffir ti action to overcom ny eff ct of di cr1m1na ion. Affirmative A t1on ill f ct all plo en t pract1c in lud1n , bu lim1 d o, recrui in , h1r1n , pro o on tr n ·f r , co p n a ion, n Ci nd termination PO ' , • • ( • 0 - performance on Affirmative Action goals will provide positive benef i ts through full utilization and development of pre - viously under-utilized human resources. It is recognized that equal employment oppor- tunity can be fully afforded only with genuine commitments to the concepts of an Affirmative Action program. Procedures and employment practices have been devised to assure that no person or group of persons will be disciminated against because of race, religion, color, sex, creed, national origin or political affiliation. ASSIGNMENT OF RESPONSIBILITIES (c) Responsibility for implementation of this program is hereby assigned to the Director of Personnel as Affirmative Action officer. The Affirmative Action officer will be the key responsible individual to make recommendations to the appointing authority on the plan and carry out the plan policies under the appointing authority's direction. All department heads and all management personnel, share in this respon - sibility and shall also insure that the policies set forth in this plan are adhered to. All supervisors below the departaent head level and all employees will be made aware of th purpose of the Affirmative Action Progr m and will be charged with the re ponsibili y of insuring, within their individual areas, adherence to thi plan. The Personnel D partaen , in accordance with the Career Servic Board rules, hall inure that all recruiting, selection and other directly related Personn 1 Actions are adaini ter d in accordance w th the Affinaati e Action Pro raa. Further, the P r onnel D partaen hall be re pon ibl for updating th st i tical data of the plan a n c ary. , •. ' • • l , • 0 • STATISTICS (d) Statistical data as related to the labor force is extracted from the 19 70 c ensus data as provided by the State of Colora do Department of Labor and Employement, Division of Employment, Research and Analysis Section. EMPLOYMENT AND LABOR FORCE PROFILE (e) The City of Englewood is located in the Denver-Boulder Standard Metropolitan Statis - tical Area. The 1970 population of t he SMS . was 1,227,529 including 205,865 total minoritie s and 630,314 females. The SMSA population is approximately 16.8\ minority and 51.3 \ female. The total population of the City of Englewood in 1970 wa s 33,695 which included .7 \ minorities and 51.9\ females. The Denver-Boulder SMSA Labor Force in 1970 was comprised of 13 \ minorities and 33\ white females. The City of Englewood is located in Arapahoe County and although approx - i tely one-half (~) of the City's staff lives within the City limits of Englewood the entire SMSA h s been used in developing the goal for Affirmative Action hiring and the entire 1 bor orce which represents both minoritie and females in the SMSA has be n utilized a the Affirmative Action goal for hir i ng minorities nd female . ( f) will con PROGRAM GOALS roups. Recruit• on ainor1t hirin po l ion ith th a nci 1. 2. Colo r do 01 l ion o ·•· n ) •. • • • • 3. Minority Employment Service University o f Colorado School of Business Boulder, Colorado 80302 4. Urban League of Colorado 1375 Delaware Denver, Colorado 80204 5. Placement Office University of Denver 2199 South University Denver, Colorado 80210 6. Local Papers (The Rocky Mountain News, The Denver Post) Trade Journal 7. Federal Job Information Service Post Office Building 18th and Stout Denver, Colorado 80202 8. N.O.W. 1055 Rockswood L ne Boulder, Colorado 80303 In addition, all position announcements will be forwarded to the various departments within the City of Englewood govern111ent so that pre ent employees will be encouraged to refer applic nt All recruitment notice will read ·~n Affir•ativ Action/Equal Opportunity Employer." tin , ·S- 111 b r iew d ar JOb r la d. con 1ned to th ill and b1litie l ly d fin d ta s aory. • • (, • • ' • • JOB REQUIREMENTS (h ) A job restructuring study wi ll be undertak en to review and determine th l feasi bil ity of education, experience, physical and ther current requirements. Focus will be upon deter- mining only those qualifications which are directly essential to ability to perform work of that specific position. The City of Englewood application form for employment will be revised in view of the equal employment opportunity pre- employment inquiries. Also, adequate records will be maintained to insure that the City f Englewood is recruitin g from all segments of the community. PERSONNEL CLASSIFICATION POLICIE S (i) The Affirmative Action plan for the City of Englewood will be included in the personnel rules and procedure manual. It will reenforce the policy that equal opportunity shall be given to all qualified persons to compete for p~sitions. GRIEVANCES (j) Any City employee or applic nt for City employment who feels that he/sh y have been di criainated against because of race, color , reed, sex, reliaion, n tional ori in or political il1 tion i encoura ed to cont ct the Person- n l O partment Affir• ti A tion officer. Th Affirm tiv Action off1c r ill a sis and ad i th co•pl nt nt in f ollow1n th Ci y pro edur Act on , • • , , • • • • appraisals and evaluation s. It shall be t he policy of the plan that a n y employee of t he City of Englewood who will f ully violates th e intent of this program shall be subje ct to the appropriate actions, to include reprimand and/or the disciplinary action of suspension or dismissal. PROGRAM EVALUATION (1) The Affirmative Action officer will prepare quarterly reports reflecting the s t a t us of the City in its success in me e tin g the L~ls established within this plan. Special reports will be prepared as requ i red and all reports will be submitted to the City Manager for his purview . OP E POSITION AN OUN CEMENTS (m) Employees and the public will be in- fo rm ed of the City of Englewood Affirmative Ac tion Program through the use of various methods such as newspapers, internal memoranda, notices on bulletin boards, etc. A copy of the plan will be available to all applicants as well as employees. TIMETABLE AND GOALS (n) The timetable established by th is plan and et forth below is proposed in good f ith and every effort to att in th se goals within the specified tim period wi ll b m de by th City of En lewood. l i r ecognized that there are ny v ri bl s which could eff ct attain ent of th e goals within a pecified t im . Turn- over rate, creat ion of new budget position and avail bility of pplic n s are but three variable f c ors. I i in no way ntend d that th go ls et for h in thi pl n are to b con- strued s quot . R her, i am n of m urin the pro r ss of th qual employa nt opportunity pol c . Th r-all oal for h City of En le ood i in .a staff co - po ition wi h~n h l vel of e ploy - -7- • • (, ' • As of As of As of As of As of As of • 0 • ment approximately equ ivalent to the work for ce of the contiguous jurisdictions in the Denver - Boulder Standard Metropolitan Statist i a l Area. The goals set by this plan merely serve as a guide and in no way reflect maximum employ- ment representation by minorities and females. From the 1970 census it has been determined that the minority work force for the Denver SMSA is comprised of 13\. Additionally, the female work force for the Denver SMSA is equal to 33\, therefore, the affirmative action goal for the City of Englewood is to employ over the n eA t two (2) year period a minority work force equal to 13\ of total employment and to hire a female work force over the next three (3) years equal to 33\ of the total employment in positions other than clerical classifications. TIMETABLE FOR MINORITIES Interim ' EmElO}'.ment Goal Deficienc}'. January 1, 1976 4.33 \ 13\ July 1, 1976 8.66\ 13\ January 1, 1977 13. 00\ 13\ TIMETABLE FOR FEMALES Interim \ EmElO}'.ment Goal Deficienc}'. January 1, 1976 11. 00\ 33\ January 1. 1977 22.00\ 33\ January 1, 1978 33.00\ 33\ Introduced, read in full and pa ed on fir reading on the Sth day of My, 19 S. Publ hed as a Bill for an Ordin nc on h 8th day of y, 1975. , •. • • ........ • • • • 0 • ATTEST: ex officio City Clerk-Treasurer I, Karl Nollenberger, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the Sth day of May, 1975. ex off1c10 City Clerk -Treasurer , • • • , - ' • • • TO: Karl Noll enberger , Assistant i ty Manager FROM: E. P. Romans , Director of Parks and Recreation DATE: April 30 , 1975 SUBJECT: CONTRAC T WITH DENVER WATER BOARD Thi s contract gives permission for the City of Eng lewood to ins tal l irrigation lines for the Southwest Greenbelt over Denver's water line. E. P. Romans, Dir ctor Parks and Recreation EPR ' • • I -• INTRODUCED AS A BILL BY COUNCILMAN ~~::;_6_~~~~~~~~~~ A BILL FOR AN ORDINANC E APPROVING AN AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, COLORADO, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood, Colorado and the City and County of Denver, Colorado, acting by and through its Board of Water Commissioners are desirou s of cooperating together in authorizing the City of Engle- wood, Colorado, to construct, utilize, maintain, repair and replace an underground sprinkler system with certain additional construction within and across Conduit No. 29 property belonging to the Board; and WHEREAS, a written agreement has been proposed between said munic i palities and the Board to allow the con- struction, maintenance, repairment and replacement of said underground sp rinkler system within and across the property of the Board; and WHEREAS, all of said facilities to be constructed shall be in accordance with the plan as provided by drawing 68 No. 1021 belonging to the Board, a copy of which is attached to the agreement and made a part thereof. NOW, THEREFORE, BE IT ORDAi ED BY THE CITY COUNCIL OF THE CITY OF E GLEWOOD , COLORADO , as follows: Section 1. That the City of Englewood Colorado shall enter into anagreement with the City and County of Denver, Colorado, acting by nd through it Board of Water Com - mis ion r s according o the provisions of that cer tain written instrument c aptioned "License Agreement", which is ttached hereto, consi tin of fou r (4) typewritten pa es and Exhibit A , a drawing of conduit No. 29 wi th propo ed construction, and i hereby inco rporat ed by reference herein. Said in trument provides: -1- •. ' • • f ........ • (1) The City of Englewood, Colorado, shall construct the underground sprinkler system across Conduit No. 29 according to the plan belonging to the Board drawing 68 No. 1021. (2) The City of Englewood, Colorado, shall give notice the last fifteen (15) days prior to the commencement of the work to submit a duplicate set of final plans to the Board for authorization and approval, and three (3) days prior to commencement of the construction notice shall be given to the Board to make such inspections as it deems necessary. (3) The Board receives the right to make full use of its property and in the event that the installation made by the City of Englewood, Colorado should interfere with said use or operation the City of Englewood, Colorado upon request by the Board shall relocate, rearrange or remove said installation so as not to interferewith said use. (4) City of Englewood, Colorado shall clear all construction debris and restore the area to its original status within forty-five (45) days from the commencement of construction and shall do all things necessary to main- tain the property of the Board in its original condition with full access to the property. (5) City of Englewood, Colorado shall not dis- charge water upon property of the Board or interferewith the flow of water in the Board facilities, and shall use all reasonable means to prevent any loss or damage to the Board because of the installation and any necessary repairs shall be at the sole expense of the City of Englewood, Colorado, which shall indemnify and save harmless the Board, its officers, employees and agents against any and all claims, damages, causesof action and the expenses connected therewith because of any work done or ommissions to do work . In urance policies in amounts and with companies satisfactory to the Board shall be provided for the Board's prote ction by the City of Englewood, Colorado. -2- •. • • , ....... • • 6. All work done by the City of Englewood, Colorado shall be at its sole expense and the instal- lation shall be owned by the City of Englewood, Colorado. If the right for installation has not been exercised by the City of Englewood , Colorado within a period of one (1) year or if the conditions of the requirements have not been complied with, the Board may revoke said license and upon its termination the City of Englewood, Colorado shall have ten (10) days to remove its installation. Failing removal, the Board may remove said installation at the expense of the City of Englewood, Colorado. 7. The base license fee includes eight (8) hours of inspection by the Board and if further inspections are required t he City of Englewood, Colorado shall pay at the rate of $8.00 per hour. 8. The license may be terminated by the Board if thirty (30) days written notice is given to the City of Englewood, Colorado and all applicable laws and ord- inances, rules, regula tions and requirements of any govern - mental authority must be observed. Section 2. The Mayor is hereby authorized and directed to execute same for and on behalf of the City of Englewood and the City Clerk is directed to attest same and affix the Seal of the City hereto. Introduced, read in full and passed on first reading on the Sth day of May. 1975. Published a a Bill for an Ordinance on the 8th day of May, 1975. Mayor ATTEST : ex off1c10 City Clerk-Trea urer -3- • . • • ....... • • • I, Karl Nollenberg er, do hereby certify that the above and foregoi n g is a true, accurate and complete copy of the Ordinance, passed on final reading and published by titl e as Ordinance No . , Series of 1975. ex officio City Cle rk -T reasurer -4- • • • • • ,_ LICENSE AGR EE MENT THIS LICENSE AGREEMENT, made this ~II:;-/ day of ~.£/t' , 19_l.L, between the CITY AND COUNTY OF DE VER, a munici j1'a corporation of the State of Colorado, acting by and through its BOARD OF WATER C0"'1ISSIONERS, herein referred to as "Board", and THE CITY OF ENGLEWOOD, a municipal corporation of the State of Col orado, herein referred to as "Licensee " (w hether grammatically singular or plu ra l). WITNESSET H That: The term "Licensee" shall include employees, agents and contractors of Licensee. The term "p roperty " as used herein refers o real property and includes easements, rights-of-way and other Boa rd interests in land and may some times be referred to rere'n as "Boar.:' P"'Cpe-ty". The Board, by hese presets, :thout warranting ti le or in terest, and subject to the covenants hereinafter set forth does hereby authorize the Licensee, its successors and assigns, to: construct, utilize, maintain, repair and replace a PVC and polyeth,ylene pipe underground sprinkler system, above ground backflow preventer, meter pit, sprinkler system controller on a 4' x 4' concrete slab and a playground area which shall include a concrete curb en closure, swings, slides and climbing structures within and across the Bo rd 's Conduit No. 29 t a proper y a e location described in Ex lbi t "A", attached hereto and JT1ade a par hereof l. Any cons ruction inltiated under this License shall CCJ11)ly w1 and conform o s a dards fo ula ed by the Board and such construction s all be performed and compl ted according to the plan and within the tolerances gl e on the Board's drawing(a ) Dr. ~ o. 1021, a copy of wh ich is attached hereto a d IT'ade a pa-~ hereo . • • • 6. All Bo ard roads and fencin g which are disturbed by the construction of Licensee's installation shall, within the ti me prescribed in paragraph 5 hereof, be restored to a condition satisfactory to the Board. Board roads and fencing disturbed by the reconstruction, maintenance, modifica tion, operat ion, repair or replacement of Licensee's facilities shall immediately be restored by Licensee to a condition satisfactory to the Board. Restorati on of roads shall include, but is not limited o, resurfacing when deemed necessary by the Board. If restoration is not accompli shed by the Lic ensee withi the time spec ified, the Board at its election may perfor such restoration at Licensee's expense. Licensee shall conduct all construction, modification, operation, repair, replace- ment a d maintenance of its installat·ons in such a manner that the Board at all times shall have full and comp l ete access to its property. 7. The Licensee shall, if required by the Board, place and maintain pennanent, visible markers of a type and at locations designated by the Board to def "ne the centerline of Licensee's installation. If the placing of the centerline markers is not completed with i n the time specified, the Board may complete the work at the expense of the Lic ensee. 8 . Licensee shall not trim or cut down any trees, shrubs, or brush on t e Board's property wi thout pennission of the Board. When required by the Board, Licensee, at i s expe se, sha l tri or cut down trees, shrubs or brush and re ove a d dispose of he cutting debr·s o he satisfaction of th e Boa rd . 9. All service l "nes within the Bo ard's property from the facility herein licensed shall be installed in a anner sa "sfactory to the. Board . • 11 ;:, 1--, .,··::,IQ i ·or .-?L· ,~E 10. 0 portion o+-l•censee s aci ity s1al extend bel stringers of any br • ~JL..is,~be...al.ta edOT ~?L ·-·Aa: E I I ii::; ··r--'. .::>IU1"\.I . .c:>Lj-. 11. Guy wire and/or anchors sh al be ins a 11 ed only ..at fctAtians designat d y e fr 12. filled i • • - • • • 17. Licensee shall not and will not be penn itted to discharge water into or upon any Board property or f a cility , but s h all p rovide for c arriage of any water ove r or across Board p roperty or f acil i t y in a manner satisfactory to the Board at no expense to t he Board . 18. At no time s hall Licen s ee interfe re with the flow of water in Board facilities and Licensee sh a ll assume a ll risks incident to the presence of wa ter in Board facilities. 19 . Licensee will use a ll reasonable mean s to prevent any loss or damage to the Board or to oth e rs re su ltin g from the con s truction, modification, replace- me nt , repair , operation an d main t e nan ce of Li censee's i nstallation. Any repa i r or re placement of any of the Board's i nstallati ons on its property made necessary, i n t he opinion of the Board , because of the construction, modification, operation, mai ntenance, repair or repl aceme nt of Licensee's installation, shall be made only by th e Board and at the so le expense of the Licensee. 20 . Licensee s ha ll i ndermify and save harmless the Board, its offic ers , e~loyees and agents, against any and a ll c l aims, damages, actions or cause s of action and expense t o which it or they may be subjected by reason of Licen s ee's installation be i n g l ocated within and across the property of the Board or by reason of any wo rk don e or omission made by Licensee, its age nt s or emp l oyees, i n connection wi t h the construction, op erati on, mod i f i cation, re placement , ma i ntenance, rep air or removal of Licens ee 's i ns t all ati on. If the construction of all o r any part o f Licensee's i sta lati on is t o be perfonne d by an i ndepen - dent contractor un de r contract with th e Lice nsee, the Licensee s h a ll so notify the Board and sha ll i nco rporate the stip ul ations and conditions of th 's License i nto the contract specificat i ons, and if requi re d by the Board, caus e s a id independent contractor to obtain , prior t o c onrne ncement of the work , an i nsuran ce policy or policies i n amounts and with co~anie s satisfactory to t he Board which will protect the Boa r d from any lass or damage resu lting from th e war ~ perfo nted by the contract o r. 21. Ltcen~e may,~enllt 1ns a ~ ft of ll~1u ti1i~~Y li nes on the Licens ee's poles instal ed ereunder; provided, th at th~i~'fa lli n g utility c ~any shall co ly wit all condi i s a d stipul at ions -0 ~1 ~ lcen s e an d be bo und e by. 22. All war authorized by is License shall be pe rfo nre d by the Licensee at no e pe se to the Board a d, excep as at erwise s et forth here i n , Lice nsee s ha ll ow n and maintain its i stl1i h "'n t"iereafter. 23. The rig ts and privileges granted in this Licen se are subject to p r ior Agree nts, Licenses and conveyances, recorded or unrecorde d , and it shall be the Lice see's sole responsibility to d termine he existence of any righ t s, uses or installations conflicting wi h the Licensee's use of t he Boa r d's property hereun de r and to resolve any conflict. 24. I t e Licensee does o use he right herein granted or i s in stalla- tion or a period o o~e (1) year, r i L censee sh a ll at any tiMe ail or refuse o c ly wi or carry au any cf t e conditions of this License, the oard ~ay, a selection, revo e h s icense orth ith by ritten notice to th licensee i perso or by""" l a L censee l~s now address. Upon tennination o Llcens , t e icensP hall ave en (10) da s o remove its ins t allation r th Board's prop r . n e even Lie does not remove said ins t allation wi hln t e ti a lowej , the Board, withou cu rr g liability, may rel'!Ove s id ins alla- tion a Lic ns 's expense . 27 . Board nd i ra o Upon a andon nt of th Board, i -3· or privi leg herein granted, the ri ut its obligatio to ind ify and s and 1 nts, shall not tel"'ll nate r not b out t hOU 0 L cens or 1 • • , ( • • • 28. The Board may, a any time, by giving the Licensee thirty (30) days written notice, tenninate this Agreement. 29. Licensee shall comply with all applicable la ws and ordinances and all rules, regulations and requ irements of any Governmental authority prOl'll.llgated thereunder controlling environmental standards and condi tion s of the premises. If, as a result of the Licensee 's occupancy of the premises and its opera tions hereunder, any such law, ordinance, rule, regulation is violated, Lic ensee shall protect, sav e harmless, defend and indemnify Board from and against any penalties, fines, costs and expenses incl uding legal fees and cour costs incurr ed by Board, caused by, resulting from or connected with such violation or violation s . 30. This License is subject to the for egoing conditions and to the following special conditions: 30 (a) If it is necessary, in the opinion of the Board, to remove Licensee's facilities or appurtenances herein authorized, Licensee shall remove said facilities illll!ediately upon notification from the Board and Licensee further agrees that removal and replacement shall be at the sole expense of Lic ensee. In the event said facilities are not removed inmediately upon notification by the Board, the Board may remove said facilities at the sole expense of the Licensee. IN WITNESS WHEREOF, this i nstrument has been executed as of the day and year first above written . APPROVED : Director of Plant Director of En fneering and Construct ion APPROVED AS TO FORM : agre s ~~~..,........,...~--......-~....--~~~~~ •ha • A ES ; Ctty Cl r (5EAL) 4- CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER COl't!ISSIONERS By: Manager THE CITY OF E 8 : ADDRESS : p le • • I ( 2 ( • • • SECTION 9 , TOWNSHIP 5 SOUTH, RANGE 68 WEST --ARAPAHOE COUNTY - 6th P. M. S 0°29 30'W I 71 82' J NE 114NE 114 SEC . 9 s 57°10 5 ' w' 222 64 . - W. UINCY AVE. 1- (/) ,w I ~ 4 3 10 N 57°10 15 E 72 "STL CO NDUIT •29 0 TES . A L P PEL I S P 0 POL E HYLE I 1!16 00 PLAN SCALE 1"-50· ARE P C LI S PROFILE -AA .TY P IC AL PROFILE 0 SC A LE 0 • • • ( • • • L E A S E -HI S I DENTURE, Made this 1st day of May, A.D., 1975, betw een THE CITY OF ENGLEWOOD, COLORADO, a Colorado municipality organized pursuant to the pro- visions of Article XX of the Constitution of the State of Colorado, Lessor, (hereinafter called "City") an d SHOPPING CENT ERS COMPANY, a co-partnership, Lessee, (hereinafter called "Company"). WITNESSETH: That in consideration o f t he payment of the rent and the keeping and performance of the cove- nants and agreements by the said Lessee hereinafter set forth, the said Lessor hereby leases to the said Lessee the following described premises situate in THE CITY OF ENGLEWOOD, County of Arapahoe, in the State of Colorado, to-wit: A tract of land located in the SE• of the SW• of Section 34, Township 4 South, Range 68 West of the 6th P.M., Arapahoe County, Colorado, described as follows: Beg i nning at a point 197.7 feet South nd 50.0 feet West of the NE corner of the SE of the SW• of Section 34, Township 4 South, Range 68 West of the 6th P.M., wh ic h point is the West line of South Bro dway, thence South 89°40' We t for 29 .0 fe e to the center line of Sou h Acoma Stre t, thence South a904-0• West for 30.0 feet to the West line of South A oma S tr t, which point i the true po i nt of beginning; thence South 89°40' W s t for 263.0 feet to the East lin of ~o uth Bannock Street; thence Sou h oo t 317.0 f ee t ; thenc e orth 89040' Eat 1.5 f e e t ; th n e e South o0 East 125 f t; h n orth 9040• at 138 fe t, wh ich ·~ 0.0 et e of t he cen t r South S r e t ; t h n e ·o r h 440 f e th t ru p oi nt o f 1th l l t fro• t o' loc -1· • . ' • • I ( ( • • noon on the 1st day of May, A.D., 197 5, until twe ve o'clock noon on the 1st day of May, A.D ., 1 995 1.nless sooner forfeited through the violation of any cov na t or promise hereinafter set forth. And in consideration of the demise aforesaid, the Lessee hereby covenants and agrees with the Lessor as follows, to -wit: 1. Said Lessee agrees to occupy and to main - tain the leased premises as a public parking lo for motor vehicles. It being the intention of the Pa r ies that the demised premises be converted into a public parking lot for the use and convenience of shoppers trading at the stores and shops located on the ad- jacent blocks. 2. The Lessor agrees to have th e s urf ace of the demised premises black-topped in a manner suitable for a motor vehicle parking lot. 3. The Lessee shall pay to the Lessor a rental for the full term aforesaid a sum equal to one-half (~) of the cost of black-topping the same demised premises, payable in twenty (20) annual installments, in advance, on or before twelve o'clock noon of the 1st day of M y of each year during said term, at the office of the Cl rk of THE CITY OF ENGLEWOOD, Arapahoe County, Colorado. . The Les ee agree that the rules and re g- ula ions for the ope r tion of said parkin lo hall provide a par ing limi ation, wh ich hall no b mor th n thr e l ) hour , nd th L or, THE CIT OF E GLE- Iii D, o po ic e ai pu l ie 0 "olatton of ~ I r n h id 11u 11 dul ·2 · .. • • -- • • established by the City in accordance with the appli- cable laws and ordinances; and that the City shall enforce said parking limitations in the same manner as other parking restric tion s in the City are enforced by it. IT IS FURTHER AGREED that no charges will be made for parking in said public parking lot unless charges are col lected for parking on the streets adjacent to said lot, and in that event THE CITY OF ENGLEWOOD shall assume the policing and mainta i ning of said Lot. HOWEVER, it is agreed that as lon g a no parking charge is made, the Lessee shall maintain said lot, including the oiled surface thereof. S. The Lessee agrees to carry suitable Public Liability Insurance sufficient to protect both the Lessee and THE CITY OF ENGLEWOOD against suit. 6. Lessor reserves fee title to the mineral estate underlying the demised premises and to the air space overlying the demised premises and shall be entit led to access to said mineral estate and air space for the purpose of developing the same, so long a such access and development does not unreasonably interfere with the use of the demised premises by Lessee as a parking loi in the manner cbnteaplated by this Leas oi , 111 l r o i n or u •. • • .......... ( • • said declaration shall not terminate said agreements, nor shall the same have any effect upon the other pro- visions thereof. 7, Should t he City desire to develop the demised premises, then in any such event the City shall provide the same square footage for parking as currently exists pursuant to the terms of this Lease. The parking areas, in the event of any such development, shall be provided from within the development itself, at grade level or street level, or below grade level or street level, or above grade level or street level, at the option of the City. 8. And IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that all the covenants and agreements in this Lease contained shall extend to and be binding upon the successors and assigns of the respective parties hereto. 9. This Lease is made by and between the Parties with the express understanding and agreement that in the event the Lessee becomes insolvent, or is declared bankrupt, then, in either event, the Lessor may declare this Lease ended and all rights of Lessee hereunder shall thereupon terminate and cease. IN WITNESS WH£REOF, the Paries hereto ha hereunto et their hands and eals th day and ear first bo e writt n. TT T: e TH CITY 0 E GL OOD, COLORADO, Municipal corpora ion 'I • ' • • I ....... STATE OF COLORADO COUNTY OF ARAPAHOE SHOPPING CENTERS COMPANY, a co -partnership By~~~~~~~~~~~~~~~~-a General Partner SS. I, Karl Nollenberger, ex offic i o City Clerk - Treasurer of the City of Englewood, Count y of Arapahoe, State of Colorado, do hereby cert i fy that t he ~~o e and foregoing is a true and accurate copy o f Lease signed , 1975. ex officio City Clerk -Treasurer , .5 . •. ' • • - ( TO: FROM: DATE: The Honorable Mayor and Members of City Council Bernard V. Berardini City Attorney April 29, 1975 SUBJECT : JUDGMENT -WEIST AND GARRETT VS. CITY OF ENGLEWOOD TO: FROM : DATE: The Honorable Mayor and Members of City Council Bernard . Berardini Ci y Attorney April 25, 1975 5(_ ()I·, SUBJECT: RESIGNATION OF DA IEL E. RAMSEY -ASSISTANT CITY ATTORNEY Please find enclosed the resignation of Daniel Ramsey as Assistant City Attorney, to be effective June 6, 1975. Th Ci y looses a very capable attorney in the Municipal Court, as well as one who has done a great deal of research and assis ed me in a great number of other matters. Mr. Ramsey will be difficul to replace, but I am moving ahead to interview a number of attorneys who have indicat d their intere t in prosecuting in th Munic "apl Cour t. 1 w'll, of course, keep you advised is ubJect r as time goe on. cc: cCown, Ci y Man ger rd Lori , P r onn 1 Dir ctor •. ' • • - • • TO: FROM : DATE: • • The Honorable 1ayor and Members of City Council Bernard V. Berardini City Attorney April 25 , 1975 SCc.)1• SUBJECT: RESIGNATION OF DANIEL E. RAMSEY -ASSISTANT CITY ATTORNEY Please find enclosed th resigna ion of Daniel Ramsey as Assistan City At orney, to be effective June 6, 1975. The City looses a very capable attorney in the Municipal Court, as w 11 as one who has done a great deal of research and a is ed me in a great nu er of other matters. to repl number o cc: Andy cCown, C1 y an i r ce, but I m attorneys who ecuting in the you advi ed Ri hard Lori , P~r onn l 01r ctor • • - TO: FROM: DATE : • 0 • Bernard V. Berardini City Attorney Daniel E. Ramsey Assistant City Attorney April 22, 1975 UBJECT: RESIG ATION Please accept my r s1gnation to be effective Friday, Jun , 1975. Tha date will, I tru , allow the City im to ind a repla ement for my po it1on, and will ~llow e to do ~om traveling thi ummer wi h my wife, as well time to reJl ct c r fully upon the ne t phase of my car r. I have enjoyed m soci tion ith the City. e periences her hav b n valuable. The fr1 <le\cloped have be n re~arding. It i my hop co ntribution in r turn to he Ci y have met t ndard of on ~ho did hi job w 11. The nd hip th t my the Th nk h p 0 th for ·o ur on wo year , and ber of City nd courtesy durin you conv y my thank o. • • - • • TO: FROM: DATE: • The Honorable Mayor and Members of City Council Bernard V. Berardini City Attorney April 29, 197 S SUBJECT: JUDGMENT -WEIST AND GARRETT VS. CITY OF ENGLEWOOD I am enclosing for your information a copy of a judgment rendered by the District Cour in the case of Weist and Garrett vs. The City of En~lewood, which case the pla1nt1ffs challenge the metho of the Citys apportioning certain inciden tal costs in a special improvement district in which Mrs. Weist's property was involved several years ago. Essentially the tr · •l cour t h-is held that the method of apportionment of the costs of special improveme nt districts, as the City has used it in the past, is lawful and reasonable, as applied to the Weist and Garrett property. The amount involved is relatively insignificant being slightly over $500.00; however, the legal doctrine which is being attached was tremendously important in this case, and we f 1 fortunat that the Court / ~ ... e';i."-c-· ·-c:t~yf!.'-~_...._____; BER ARD V. BE ROI. I C1 ty At torn y Enclo ur c . Manager 1 tant C1 y Ian r Dir c or o Public Works ' • • , • - IN THE DISTRI CT COURT IN AND FOR THE COUNTY OF ARAPAHOE AND STATE OF COLORADO Civil Action No. 32865 CAROLINE B. WEIST and REX ) T. GARRETI, ) ) Plaintiffs and Petitioners, ) ) Vs. ) ) CITY OF F.NGLEWOOD, a Colorado ) JUDGMFNT munici pal corporation; JAMES ) TAYLOR, VFR 'ON MANN, PAUL BLESS IN G, ) HOWA RD BROWN, DAVID CLAYTON, DOUGLAS ) SOVERN, and LEE JONES, as members ) of th~ City Council of th City of ) Englewood ; and PAUL WOLF, as ) Treasurer of th County of ) Arap ahoe, ) ) Defendants and Respondents. ) This matter cam on for hea ring pursuant to Rule 106(a)(4), Rules of Civ il Procedure, on March 7, 1975, plaintiffs being repr esented by Bev rly Ballantine, Esq., and defendants by Bernard V. Berard ini, E q., and Dani l E. Ramsey, Esq. The Court heard the argu nts of coun el and took the matt r under advisement after requ ting counsel to ubmit memora nda clarifying the issues. These me ronda hav en r c iv d. Th Court now rul a a foll In ord r t o r solv t matt rs at issu th Court i c lled upon to con st r u 31-2 -14, CRS 1973. It provid a in part: "The • t • • -1 - -• deducting the amount, if any , to be paid by the town or city, upon each lot or tract of land to be assessed for the same, which statement shall be filed in the office of the city clerk or town clerk, as the case may be." Plaintiffs' counsel calls attention to 31-25-503(l)(c), CRS 1973, which provides in part: "No contract shall be let for any such improve- ment at a price exceeding the maximum price · fixed in said petition, excluding the cost of engineering, collection , inspection, incidentals, and interest ." It has also been requ st d that the Court note the provisions of 31-25-503(3), which contains the following language : ''No contract shall b 1 t for an amounts exceeding the estimate so made, xc pt that the cost of collection, inspection, incidentals, and inte rest may be added there to." Plaintiffs' coun el con ends that th items in the City's statement denominated "Engine rin rv c , salary overhead, adm inistrativ overhead, fi cal and payin agent fees, title checking fees, legal adv rti ing, equip nt rental, miscellaneous supplies and expense," as well a the two percent contingencies figure, all are subj ct to the six perc nt limitation of the statute. Th Court now finds that only the two percent contin encies co s under th d finition of cost of insp ctton, coll ction, and oth r incid ntal and that the oth r item ar prop rly tr ated a part o the whol co t o th impro v nt. Th fact hat th co of en ln crln ls set out s a • Lt i on po~ ion of 3 -25-503, CRS 1973, do a not r qulr th•t U: d ... pt re lt in d alln with 1 7 , i t no in 0 d d in t a t r tttu • 2 - • • • -• •. Since the City is paying the land acquisition and appraisal ( fees and the items subject to the six percent limitation are well under the allowable amount, even if computed without reference to land acquisition and appraisal fees, plaintiffs have no basis for complaint in that regard. Therefore, it is ORDERED that judgment enter for the defendants and against the plaintiffs and that the case be remanded to the City of Englewood with leave to proceed to collect the assessments levied upon plaintiffs' property. Plaintiffs may have thirty days to file a notice of appeal. DONE IN OPEN COURT this 22nd day of April, 1975. BY THE COURT: C · \ti .. , Judge • • • I• - TO: FROM: Andy Mccown , City Manager Karl Nollenberger , Assistant City Manager May 1, 1975 DATE: SUBJECT: Englewood Citizen Newsletter As per Council 's request, I am submitting this report on the Englewood Citizen Ne ws letter. The Newsletter has served a very effectiv e role in the communication process bet ween the City and it citizens. The costs per i ssue are as follows: c Re or er Printing Processin ailing To al , $ 200 715 200 --2.QQ. $1,615 he C y • ou s ac a on his e al • r , I y u. ' • - • • 1'0i Andy McCown, City Manager • 0 • INTll'°"9CI fWlOltANDUM I• DATI: April 28, 1975 NOM: Ch arles B. Carroll, Jr., Director of Utilities -..er. Supplement #49, Southgate Sanitation District In response to your memo, same subject, of April 23, I have talked with Arapahoe County Planner Don Paul concerning the County's procedure in zoning vis-a-vis sewer service. Mr. Paul indicated that, prior to the County zoning board considering a request for rezoning, the developer must show that sewer and water service will be available to the p roper y. A developer wh o wishes to change •·h zoning from, say A-1 to R-P, where the density chan s from 1 DU/20 acr to 3.5 DU/acre, must produce evidence that he has water and sewer service available. Then the count zoning board wi ll take thi into con ideration along with any other factor affectin their decision. Thia procedure agrees with th stat tatute, 30-28-133, C.R.S. 73, where subdivid rs must provide the county plann in body with certain atudi s and infoI'1118tion, mon which 1 "£ati.aat d total num er of gallons per day of sewage to be treated wh re a central wag treat nt facility is proposed or sewage dispo al m ans and auitability where no central ew ge tr ataent facility is propos d". Sev ral ti a in the past aak d us for a w r tr atm the eff ct that w can a rv county int nda to appr v • I C /kr kin approval of plats hav hav r plied to th coun to d d v lop n if tha is w a th •. ' • • , -• • - I H 0 ---··--' ------------+-------=• __ c:__..;o::,_ _ _.:u:,__,..::N:,__.:__~--"·~_, .l o"~. J . N icholl Oo~lrocl No . 1 ,~,I •• ~..-.yttl~ O ''" ~t N:i 2 Ch•rlH A P otts 0 1str •ct No 3 .. in'"'' P•1- ' I• r ~ '" e "' .lt 0tr1v r ( b o a r d of c o u n t y c o m m i s s i o .n e r s ce1111rt hou•••llttleteftece1•r•4• Ap n. l 9, 1975 The Honorable James L. Taylor Mayor of City of Englewood 4111 South Broadway Englewood, Colorado 80110 Dear Sir: On January 22, 1975, South Suburban Me ropolitan Recreation and Park Di•trict held a meeting for thP. purpose of discu••ing the fea•ibility of • countywide ••le• tax. It WllB suggested that the proceeds of said ••l•• tax vould be u•ed by the county for the purpose of acl'J\liring open epece, recre• ional land, and for he developnent end meintenence of the •• The county Attorney h•• prepared • memorandum concerning . the law deal ing with • coun yw1de ••les t ax a nd a copy of said melllOrend is enc lo•ed h rein for your review. The COCllllBBloner• >.• nece•••ry to eppoin illty lb li•~ e~~ ~Pc1r&­ o suhm1 tjnJ such • propo-: 0 t~ .., woulr' you .11 ••>.d co uld r cone rn ' • • , - (( • • • I• • Sales tax proposal -2-Apr il 9, 1975 would you please let me know of the name and address of your designee on or before April 22, 1975. If you ha ve any quest i ons in regard to this letter please don't hes itate to call me. JJN/1 f E .1<" lei sure Very truly yours. • • - • • Jotln J . N i dloll Distr ict No . l Pm Smyth• District No . 2 CNrtn A . P itts Otstroct No . 3 MM or• Peg• Cttrll to t t eo.rd R ., S lo ., i My Attorn f • I• - J "··r A , A H 0 • c 0 u H y • board of county commissioners ceurt howteelittleto"•col or o4o TO: FROM: RE: DATE: MEMORANDUM BOARD OF COUNTY COMMISSIONERS COUNTY ATTORNEY ~~ }' COUNTY SALES TAX FEBRUARY 3, 1975 On January 22, 1975, South Suburban Metropolitan Park and Recreat io n District held a meeting at 7:30 p.m. at the South Suburban Golf Clubhouse. At this meeting South Suburban was urging the Commissioners to attempt to have passed a County-wide sales tax, the proceeds from which would be used for purchase of land for open space and recreation and to maintain any of said areas. A sugqestion was made at this meetinq that the Commis- sioners would appoint a committe o study he county wide sales tax proposal, how proceed from s id sales tax would b e spent by the Countyt to tt pt to obtain the cooperation of the citi s for th pass 9 of h sal s tax proposal and other p rtin nt Committ appoint d should b r pr entative, as as po sibl , of all of Ar p oe Coun y, both incorporat d and unincorporat d. Th following is a s ary o h l w d alin wi h a County Sales Tax. Th law is found in 1973 C.R .• 29- 2-101 t s q. and is swrm riz s follows: , 1. Any county is authorized to levy a coun tax f r approv l of th c un y's • l a by ajori y o h qu li!i cl l c or • I propoa 1 is so approved , th t x y sh ll b in bo h h incorpora d nd unincorporat d th coun y. • • - ... I( tr • • I• - Board of County Commissioners February 3, 1975 Page 2 2. The sales tax proposal may be either adopted by the County Commi ssioners by Resolut ion or by initia ed petition signed by at least five percent (5%) of the registered electors of the county . 3. The sales tax proposal ~ contain a description of the sales tax and shall make provision for any distribution of revenue collections between the county and the incorporated cities and towns within the county and ~ state the amount of sales tax imposed . 4. In no case shall the total sales tax imposed by the State, any city or town and county exceed seven percent (7%). 5. Upon adoption of a Resolution by the Coun t y Commis- sioners or upon being presented with a petition signed by at least five percen t (5%) of the registered electors, a special el ~ction will be held not less than thirty (30), nor more than ninety (90) days from the date of the Resolution or filing the petition. However, if a general election is scheduled within one hundred twenty (120) days from the date of the Resolution or filing the petition, the sales tax proposal shall be submi tted at said general election. 6. Prior to the election, the text of the sales tax proposal shall b publi•hed four (4) times. 7. The cost of the election shall be paid fro the G neral Fund. 8. If the th aal s tax propos a l, h eff ctive dat of x shal l b either J nuary 1st or July lat, wh ich v r dat uld fall within on h"V'dr d twenty (120) days from th dat of filing no tice of doption wilh th County Clerk. 9 . The coll ction and x l l p r orm d by h rn ul o R v nu no chorg • ent o a county-wide sales cut~v Dir ctor o h D p r - ' • • • • • 0 - ~L Colorado Mun icipal league RE CEIVE D APR 2 4 1975 ( • PROMPT ACTION REQUESTED~ TO: Mayors and Managers or Clerks of Member Municipalities CITY MANAGER'S OFFICE '· ENGLEWOOD FROM: Ken Bueche, Exe c u tive Director SUBJEC T: Participation in Propo s ed Mountain Bell Rate Increase DATE: April 3 , 1975 CML Action. Upon authorization of the Executive Board, the League protested Mountain Bell's 1975 rate increase application and surveyed our membership regardi ng the desir- ability of League participation in PUC hearings on the application. The PUC has since suspended the rate increase until the first part o f No vemb er in order to permit the PUC to hold public hearings on the application . On Wednesday, April 9, followin g a staff report indicating that a large majority of 11a1nicipalities responding to our survey favored League participation i n the 1 975 rate hearings, the League Exe cutive Board authorized the League t o participate on behalf of Colorado municipalit ies and their citizens. Th e Boa r d also voted to fin ance League participation through assessments of 2-1/Z cents pe capita from all member Colorado cities and towns which voluntarily decide to participate. Subj ct to the availability of funds, League involvement will include participation in hearings and other proceed- ings before the PUC, including prepara tion f th recently filed prot st and petition to intervene, possible relat d litigation and possible judicial revi w proceedings. The Executive Board also directed t hat, aft r concluaion of all proceedings relating to the 1975 rate application and after d duction of accumul at ed interest , any balance remaining from these 975 vo luntary aaaesam nta, including refunds if ny, will be re- turned t o participatin municipa lities on a pro rata baa ia if such balance ia in e xcess of 10 percent of the tota ~ a moun ¥ ceiv d fr participatin nicipa i iea. lf aucb balance ia 10 p rcent or le a o c t ·a a1110u t, t balance wil b transferred to the Leagu eneral fun rp rta to taatify durin t ti . h 11 bu o t l 7~ rat l ncr 1 204 . ·(30 )421·8630--------- • • • • • - l. Increase total Mounta in ell r evenu e by $ 0 .3 mil lio n through variou s increased rates and charges . • 2. Surcharge, or pass on to, the custome r of t h l ev ying municipality, f ranchi s e fees nr utility occup ation taxe i o ed by municipalities on Mounta i n Be ll (This request was den ied by th PUC n th 19 7 w-~5 Moun t ain Bell rate proceedin .) ( 3. Increase local c oin telephone rate to Oc. (T is request was also den i e d b y th PUC i n the 1 974 -75 r at pr ce cin .) 4. By June, 19 76, i pose of three such cal s p r .o~ char nth. or acb dir c tory assistance c all in e xc ess ?revioua CML Participa t ion in Mo~t• n Bell Rate He arin s. CML first participa t in PUC rate hearings involving ~ountain Appearance by the Le a gue in other rate incr2ase app lica tion of ~u t i Bell (196 , 19 70, 19 7 2, 1 973 a nd 1 974 ) have helped red uce rate increa es wh-ch o he r wi s might hav been approved . For example, in the 1974 Mo untain Bell rat c as , the Com pany requested a r ate i n- crease of approximately $37 million a nd was warded an i ncrease of only a pproxima t ely $28 million (approximately 76~ of the r e qu s ted amount). In fact, the rate of return granted Mounta in Bell in the 1974 cas wa co nsistent wi th testimony prese nted to the PUC by the League 's expert witne ss , Mr. Dav i d Kosh. Additionally, the PUC r ejected Mountain Bell's proposa l t o su rch a r~ ?n the cit i zens of each muni cipality , t he muni- cipal franchiae or occupation t a x s impo ed on Mo untain Bell; and aw arded r eimburse- ment to the League of a sub t ant'a of th expenses incurred i n par.ic ipation in the rate proceedings. (The Leagu s ot receiv d th reimburse nts sinc e Moun- tain Bell baa appe led to t he courta for a r ver s a of this and other porti on o f the PUC's deciaion.) I n addit ion to Mountain B 11, t League and oth ra bav appe aled varioua portions o f the 1971 rate case to th c ourts. notewo rthy p a rt~cipa ion bv h League occurred with r espec t t o the revenue a tributed Although l. Participat ion ol cit i zen , a1 cons PUC and in court, telephone r a t •· In add i tion to t c o1t1 of tel ph th 2-1 / 1nt1 p r c 1 rv e ap1 a d t o the PUC for authority t o inc rease ita , 73 Colorado mun i c ipalit ie s c on- din a. r t pro- • • , ....... • • 3. Full scale participation by the League will afford the poaaibility for com-. I plaint• reaarding Mountain Bell 's service or lack of aervice to be aired before the PUC. Thoae municipalities which elect to participate financially will have the opportunity and are invited to submit to the League office their written co111plaints, or the written complaints of their citizens, in connection with Mountain Ball's aervice or the failure of Mountain Bell to provide adequate ser- vice. Theae complaints will then be forwarded to League Special Counael, Leonard Ca11pbell, for poaaible use. While obviously all complaint• cannot be aired before the PUC, thia will provide a method for bringing aome service complaints to its attention. 4. Your participation with other municipalitiea and the !linicipal League will again provide local off 1.ciala with a united approach to reaolve a c~n problem. ~· Encloaed with thi• memo ia a atatement indicating your 111UI1icipality's finan- cial ahara baaed upon 2-1/2 cent• per capita, uaing 1974 population eatimatea of the atata diviaion of planning for your 11a1nicipality. We raqueat that thoaa municipali- tiaa alectina to participate remit your paYlll!llt to the LaalJU! off ice aa aoon as poaaibla. Your prompt cooperation is important ao that the League ataff can deter- aine the acopa of participation which funding will allow. At the aaae time, parti- cipatina ..anicipalitiea are invited to aubmit to the Laaaue ataff any written criticiaaa raaardina telephone aarvice or failure of Mountain Ball to provide adequate aervice. Participatina ..anicipalitiea are alao invited to paaa 110tiona or re90lutiona proteat- ina Mountain Ball'• rate increa••• and, if daaired, ita quality of aervice . Theae 110tiona and protaata can be forwarded to the League ataff or directly to the PUC. Qu!!tiona. If there are any quaationa concerning Laaaue involv ... nt, pleaae feel free to write or call Suaan Griffitha, General Counsel; Nancy Millar, Office Manager; or me. ' • • • • ·, • ~'.EMCRANDUIJ. T01 Mr. Karl Nollenberger, Assistant City Manager FROM1 R. D. Morris DATE1 March 20 , 1975 SUBJ ECT1 MOUNTAIN BELL RATE l.'.EASURE The Mountai n Bell telep one rate increase would affect the City of Englewood in the fo l l owing way if effective April 1st. as proposed. 'Ille current monthly bill i $3,676.00 . The rate increa se amounts to $606.00 a month. 3 months a t $3 1 676.00 = 9 months at $4 1 282.00 = 1975 Total 1975 Budoet Deficit 1974 Actual Sll,028.00 38 .538.00 549,~.oo 40 ,000 ,QO s 9 ,566 .00 $4,4022.00 The City has eleven onths left on t he ~t . Bell lease agreement, Is your office still interested in looking at private Interconnect Systems in greater depth? ,~~~-M<~ Co nication Supervisor cc 1 Acting Chief ~orq n file • . • • - • • • • Denver, Colorado March 18, 1975 Mr. Dick Horris, C011111Unications Manager Englewood City Government 3 615 South Elati Englewood, Colorado 80110 Dear Hr . Horris: I• @ Mow1tain Bel The proposed rate measure would increase your month l y bill for s ervice and equipment under telephon number 761 -1140 a total of $546.52, from $3,282.07 to $3,82 .59 . Under 761-7410, your present bill ia $393.92, it would increase to $452 .64 per month , an increase of $58.72 . If you ehould have any queetiona, please feel free to call me on 624 -1292 . X:rL* Jim Ru .. otto Conwnunicat ion• Conaultant • • • ':'O: R :: : . \TE: ' /, •. 1- • 0 • ;., • :le 1nr men H a s l(~ l '.ollen r er , As~•i:: ,in;,, c:~y \3: .. i;c:· ·lay , , 1975 hP no1·31, rl r.-. : ,,'1-· · .. , 197"i . P. "'1J• " "' r ye. ln i . .,.r u1nnar·y :'C'l'l ri. soc· '·". · . ·f'r Andy ": Go wn , C t;y -~:rnar, r l't·nar '.'. rar ini , I y A· or1 ":: < . I • • -• • • MORATORIUM BUDGETARY AVI GS APRIL, 1975 Position s • 1 Pa trol Officer 2 De te ctives 3 Ca d ets 1 Chief Les s Payouts for Vaca ions, Sic Leave, etc. Total Police D partmen 1 Di r ector of Finance 1 Systems Analyst 1 Risk Manager Total Finance Department ls Intern Total Ci y Manager Department 1 Parks Superin endent 2 Park Mechanics Total Parks Department 1 Librarian Adul Services Less Payou s for V ca ion, Sick Leave, etc. Total Library Departmen 14!.t Total _7__ Federal Gran ill GRAND TOTAL $ 4 ,056 11 ,06 4 5 ,400 4 ,702 16 ,428 8,488 5 ,052 5 ,05~ 2 ,012 5,408 7 .552 1,210 910 $ 8,794 18,592 2,012 12,960 300 2,658 13 ,000 55 ,658 • -l • • , - • • • • 0 • INTRODUCED AS A BI LL BY cou· . IL N BROWN BY AUTHORITY 0 DI.A CE NO. , SERIES OF 1975 A. ORDI A CE A PRO 1 GA AGREEIBNT BETWEE THE CITY OF E. 'GU WOOD , COLORA OO A n THE CITY A. D COU TY OF DE VER, OLORA DO. WHERE AS, the City of Englewood, Colo rado and the Cit and Coun ty of D nv er, Colorado, ar d irou coo perating age her in he con_ rue ion of a arm outfall in c.t Evans Avenue, Denver, Colorado, and wood, Colorado plans o constru n outfall v tem Fed ral Boulevard and Bow Mar Draina e B sin , and Ci ies are tri utary t o one n her; and sew r Engle- for he 'HEREAS , a written greemen ha between said municipaliti s o coopera flow and i:in the ou fall sy tems and rue iJ r terns to complimen tary a d b en r osed in accep in the generally o con- o one another; WH REAS, all of aid facili ie are o b con- s r cted pursuant o plans and p cifica ions to be pprov d b bo h Citie . CITY COU.CIL OF IE s io n l . l. •. • • - • • • • 2. Englewood shall ~ize t~c ou tfall sys em f or the Federal Boulev rd and Bow Ma r drainage basins to acceJ flows from tha part of De ·e r that drains n tu rally to the Federal Boule va rd and Bo Mar Drai nage Basin outfall system. 3. Denver s h 11 provide st ubouts to the south side ot :vans Avenue for future connection by Engle ood at Zuni, Vallejo , Raritan and Tejon ree 4. F.ngl ood shall provide stubouts, as requ·r ~ on th outfall for th Federal Boul evard nd Bo · Mar draina e basin for future connection by Denver. S. D n er ide o h 11 ins all ca ch basin al ong th Evans \ enu , a requjred. south 6. En 'l i.ood wes id 7. h 11 in t 11 c t~h basin alon h oi Fed ral Boulev rd, a required . h • • ......... ...... • • • • ~ . • . Section 2. The Mayor is hereby authorized and directed to execute same for and on behalf of the City of Englewood and the City Clerk is directed to attest same and affix the Seal of the Citx hereto. Introduced, read in full and passed on first reading on the 21st day of April, 1975. Published as a Bill for an Ordinance on the 24th day of April, 1975. Read by title and passed on final reading on the 5th day of May, 1975. Published by title as Ordinance No. of 1975, on the 0 th day of May, 1975. MAYOR ATTEST: ex officio City Clerk-Treasurer ~~~· Series I, Karl Nollenberger, do hereby certify that the abov nd fore oing i s a true, accurate and complete copy of the Ordinance, passed on final reading and published by title s Ordinance o. , Series of 1975. ex off1Cl0 city Clerk-Treasurer ,_ ' • • • - • • • - RESOLUTION NO. __ , SERIES OF 1975 A RESOLUTION APPROPRIATING FUND S INTHE PUBLIC IMPROVEMENT FUND. WHEREAS, the City Council has authorized participation with the Englewood School District for one -half the cost of an auxiliary boiler at the Englewo od High School swimming po ol , and WHEREA S , the Paving District construction bids hav e been received in an amount below budgeted. ATTEST: NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. The following appropriations are hereby approved in t he Public Improvement Fund. Paving District #22 Swimming Pool Auxiliary Boiler Total Section 2 . ($15 ,500) 15 ,500 0 The City Manager and Director of Finance are hereby direc o r to make the above changes to the 1975 Bud get o f the City of Englewood. ADOPTED AND APPROV ED this 5th of a y, 1975. Mayor ex officio City Clerk-r surer I , Karl ollenb r of En lewoo , Z ate or Color tru , ace ra nd com Serles of 1975. o fic1o C1 y Clerk of h C1 y y c r 1fy ha h abov 11 aolu 10 o . rk-Treasur r ' • • ' ....... • • • • P R 0 C L A I A T I 0 N WHEREAS, it i aesthetically important to keep the property in En lewood in a clean and orderly manner; and WHEREAS, the annual City cleanup program is to begin on May 12, 19 75 ; nd WHEREAS, the City will offer a service to the residents of Englewood whereby they will pick up and haul away all trash and tree branches which have been cut and placed in the proper manner. OW, THEREFORE, I, James L. Taylor, Mayor of the City of Englewood, Colorado, do hereby proclaim May 12 through May 22, 1975 to be CLEAN-UP, PAINT -UP AND FIX-UP TIME in the City of Englewood, Colorado, and urge all residents to observe the e dates and actively participate in m king Englewood clean, aesthetic community in which to live and vi it. MAYOR • • • ...... ( • • • • • P R 0 C L A M A T I 0 N WHEREAS, it is aesthetically important to eep the property in Englewood in a clean and orderly m nner; and WHERE S, the annual City cleanup program is to begin on May 12, 1975; and WHEREAS, the City will offer a service to a ll the residents of Englewood whereby they will pick up and haul away all tra h and tree branches which have been cut and placed in the proper manner. NOW, THEREFORE, I, Jame L. Taylor, Mayor of the Ci t y of Englewood, Colorado, do hereby proclaim May 12 through May 22, 1975 to be CLEAN-UP, PAINT -UP A D FIX -UP TIME in the Ci t y of Englewood, Colorado, o obs rve the e date and activel m kin nglewood a lean, aesthetic to 11 e and vi it. MAYOR and urge all resident participate in collll'ft unity in which ' • • - ( • • • • P R 0 C L A M A T I 0 N ------------ WHEREAS, it is aesthetically important to keep the property in Englewood in a clean and orderly manner; and WHEREAS, the annual City cleanup program is to begin on May 12, 1975; and WHEREAS, the City will offer a service to the residents of Englewood whereby they will pick up and haul away all trash and tree branches which have been cut and placed in the proper manner. OW, THEREFORE, I, James L. Taylor, Mayor of the City of Englewood, Colorado, do hereby proclaim May 12 through May 22, 1975 to be in the to obs makin to 11v CLEA -UP, P I 'T-UP A D FIX-UP TIME Cit of En lewood, Colorado, rve th e date and acti el Englewood a clean, ae thetic nd vi it. MAYOR and urge all resident participate in coamunity in which •. .. • • , ...... ( • • • • P R 0 C L A M A T I 0 N ------------ WHEREAS, it is aesthetically important to keep the property in Englewood in a clean and orderly manner; and WHEREAS, the annual City cleanup program is to begin on May 12, 1975; and WHEREAS, the City wil l offer a service to th residents of Englewood whereby they will pick up and haul away all trash and tree branches wh ich have been cut and placed in the proper manner. OW, THEREFORE, I, James L. Taylor, Mayor of the City of Englewood, Colorado, do hereby proclaim May 12 through May 22, 1975 to be CLEA -UP, PAI T -UP AND FIX-UP TIME in the Ci t of Englewood, Colorado , and urge all residents to obs rve th e dates and actively participate in ma in Englewood clean, e thetic community in which to live and visit. MAYOR ' • • ....... ( • • • P R 0 C L A M A T I 0 N WHEREAS, it is aesthetically important to keep the property in Englewood in a clean and orderly manner; and WHEREAS, the annual City cleanup program is to begin on May 12, 1975 ; and WHEREAS, the City will offer a service to th re idents of Englewood whereby they will pick up and haul aw ay all trash and tree branches which have be n c u and placed in the proper manner. 0 , THEREFORE, I, Jam L. Taylor, Mayor of th City of En lewood, Colorado, do hereby proclaim May lZ through May 22, 1975 to be CLEA -UP , PAI T-UP A D FIX-UP TIME in the City of Eng lewood, Colorado, and urge all re idents to observe th e dates and actively participate in m ing Englewood a clean, aesthetic community in which to live and vi it. • • , - ( • • • • • 3b City of Englewood :MOO S Etah Street Englewood Cot0< -.lo llOt 10 Phone (303) 761-1 1.eo PROCLAMATION WHEREAS, the Rocky Mountain State Premier of Circu Vargas is at Cinderella City in Englewood; and WHEREA , the C l rcu the one form of the nt rtainm nt art that ha never bad to undergo censor hlp; and WHEREAS, th Circus Vargas had dedicated itself to the worth y task of retur nin g circus-goers to the rlch tr ad ition of the circus a lt once wa in Am ri ca; and Wlf R A , th C ir c u ar a and th Cinderella Cit ll Ci I ATT r rh an t A s octatlon 'ill Join fore • to pro id wh o lesome ent rtainm nt for famll memb r a , old and oung alike, O R . I , TA . TAYLOR, a or of th ood, olo r ado, do h r b proclaim 1 4. 1 75 . a a DA " od . Y HA I. T H t 5t D 01 • • , - ( City of Englewood -------3400 S Eletl St•eet Englewood, Colorado 90110 Pho,,. (303) 711-1140 • 0 - PROCLAMATION 3b WHEREAS, the Rocky Mountain State Premier of Circus Vargas Is at Cinderella City In Engl wood; and James l Taylor MAYO~ W HE R EAS , the Circus Is the one form of th ent rtalnment arts that ha s never had to undergo cen orshlp; and WHEREAS, the Circus Vargas had dedicated Its If to th worth y ta k of returnlnit circus-goers to the rich radltlon of th circus a It once 11-a In Am rlca; and WH E REA , th Ci rcu Varga and t h Cinderella Cit M r c-h nt A socfa tfon 1 Ill join fore s to provide whol som nt rtalnment for family members, old and oung alike, NOW, THEREFOR , I, .JA , TAYLOR, Ma or of the C it or En 1 ood , C lorado, do h r b proclaim W dn da , 1 , 1!175, as •. c IR c l DA y I tn tb CH ood . 01\'J. l ER .t l!A 'D AY, 1 7", 'D F.Al Tiil 5th DAY or • • ( • • City of Englewood 3•00 S Elat1 Slreel Englewood , Colorado 80110 Phone (303) 761-1140 • 0 - 0 PROCLAMATION WHEREAS, the y outh of the community are the best hope for the future of our State and Nation , and J1me1 L T aylo1 MAY O R WHEREAS, athletic competition among youth in dedicated competition strengthens the character of said youth, and WHEREAS, young girls and ladies, a part of that youth, are taking roles of increasing importance 1n ladershlp and responsfbillty and it is believed that such athletic discipline does aid ln preparation for those roles, and WHEREA , th City of Engl wood ha s and shall oontinu to support the dl\ c lop- ment of our Nation's youth and ls aware of th Ion hour of practice and dlsclpltn nec .... ry to participate in athletic competition at a level attracttn& mt.QJ' of the Nation's b st wom athletes, and WHEREA • ( • L E A S E TH IS INDENTURE, Made this 1st day of May, A.O., 1975, between THE CITY OF ENGLEWOOD, COLORADO, a Colorado municipality organized pursuant to the pro- visions of Article XX of the Constitution of the State of Colorado, Lessor, (hereinafter called "City") an SHOPPING CENTERS COMPANY, a co-partnership, Lessee, (hereinafter called "Company"). WITNESSETH: That in consideration o f the payment of the rent and the keeping and performance of the cove- nants and agreements by the said Lessee hereinafter set forth, the said Lessor hereby leases to the said Lessee the following described premises situate in THE CITY OF ENGLEWOOD, County of Arapahoe, in the State of Colorado, to -wit: A tract of land located in the SE~ of the SW~ of Section 34, Township 4 South, Range 68 West of the 6th P.M., Arapahoe County, Colorado, described as follows: Beginning at a point 197.7 feet South and 50.0 feet West of the NE corner of the SE~ of the SW~ of Section 34, Township 4 South, Range 68 West of the 6th P.M., which point is the West line of South Broadway, thence South 89°40' West for 298 .0 feet to the center line of South Acoma Street, thence South g904-0• West for 30.0 feet to the West line of South Ac om Str et, which point is the true point of beginning; thence South 89°40' We for 263.0 feet to h East lin of ao u t h Bannoc Street; thence South o0 t 3 1 .O fe t ; thence orth s9040• Eat 125 f e t, t h ne e Sou h o0 Est 125 f t; thn .orth 0 40' t13 fet,which l 0.0 fee o f e c ent r h Ac oa thenc e o rth f ,to point of ith 1 1 • 0 t c • w h ·l · •. • • , t • noon on the 1st day of May, A.O., 197 5, until twe ~e o'clo ck noon on the 1st day of May, A.O., 1 995 1.nle s s sooner forfeited through the violation of any cov na t or promise hereinafter set forth. And in consideration o f the demise aforesa i d, the Lessee hereby covenants and agrees wi th the Lessor as follows, to-wit: 1. Said Lessee agrees to occupy and to main- tain the leased premises as a public parking l o for motor vehicles. It being the intention of the P~r ies that the demised premises be converted into a public parking lot for the use and convenience of shoppers trading at the stores and shops located on the ad - jacent blocks. 2. The Lessor agrees to have the surface of the demised premises black-topped in a manner suitable for a motor vehicle parking lot. 3. The Lessee shall pay to the Lessor a rental for the full term aforesaid a sum equal to one-half (~) of the cost of black-topping the same de ised premises, payable in twenty (20) annual installments, in advance, on or efore twelve o'clock noon of the 1st day of M y of each year during said term, t the office of the Cle r of THE CITY OF EGLE 000, Ar paho Cou n y, Colorado . he L he rule ula ion for t op r ion of aid par in lo provid par in lt i th n thr 3) hours, I• l . z. 11 no or, TH CIT p J 1 c p r ki r ·1 01 1on o lla1 t i on lo 11 nd r hall ul • • • established by the City in accordance with the appli- cable law s a nd ordinances; and that the City sh a ll enforce s ai d parking limitations in the same manner as ot he r p a r ki ng res tric tion s in the City are enforced by it . IT IS FU RTHER AGREED that no charges will be made for parking in said public parking lot unless c harges are collected for parking on the streets adjacent to said lot, and in that event THE CI TY OF ENGLEWOOD shall assume the policing and mainta i n i ng of said Lot . HOWEVER, i t is agreed that as lon g as no parking charge is made, the Lessee shallmaintain said lot, including the oiled surface thereof. 5. The Lessee agrees to carry suitable Public Liability Insurance sufficient to protect both the Lessee and THE CITY OF ENGLEWOOD against suit. 6. Lessor reserves fee title to the mineral estate underlying the demised premises and to the air space overly i ng the demised premises and shall be entitled to a ccess to said mineral estate and air s pace f or the purp o se of developing the s ame, s o long as s u ch access and development do es n o t unrea s onabl y i nter f ere with t he us of the demised premise s by Le e as a park i n lo~ in the manner c bntemplated b y h1 L a e. h i h obl1 t i ons ass ua d by th p a rtie s o lea ~ a d • 111 l or o ndaent nd th r e o a re c o•pletel y ha , hould any in l id r t1 on b in 0 • • • • said declaration shall not terminate said agreeme nts , nor shall the same have any effect upon the other pro- visions thereof. 7. Should t he City desire to develop the demised premises, then in any such event the City shall provide the same square footage for parking as currently exists pursuant to the terms of this Lease. The parking area s, in the event of any such development, shall be provided from within the development itself, at grade leve l or street level, or below grade level or street le el, or above grade level or street level, at the option of the City. 8. And IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that all the covenants and agreements in this Lease contained shall extend to and be binding upon the successors and assigns of the respective parties hereto. 9. This Lease is made by and between the Parties with the express understanding and agreement that in the event the Lessee becomes insolvent, or is declared bankrupt, then, in either event, the Lessor ay declare this Lease ended and all rights of Lessee hereunder shall thereupon t e rminate and cease. IN WITNESS WHfREOF, the Paries hereto have hereunto et their hands nd als the day and year irst bov writ n. Tll CITY Of E GLE OOD, COLO DO, unicip l corpora ion By yo r 'I .. • • • STATE OF COLORADO ) • SHOPPING CENTERS COMPANY, a co-partnership By~~~~~~~~~~~~~~~~-a General Partner ) ss. COUNTY OF ARAPAHOE ) I, Karl Nollenberger, ex officio City Clerk - Treasurer of the City of Englewood, County of Arapahoe, State of Colorado, do hereby certify that the a bov e and foregoing is a true and accurate copy of Lease signed , 1975. ex officio City Clerk -Treasurer , ·S· • • - TO: FROM: DATE: • The Honorable Mayor and Members of Ci ty Council Bernard V. Berardin1 City Attorney April 29, 1975 SUBJECT: JUDGMENT -WEIST A D GARRETT VS. CITY OF E GLEWOOD I am enclosing for your information a copy of a judgment rendered by the District Court in the case of Weist and Garrett vs. The Cit of En lewood, which case t e pla1nt1 s c allenge t e met o o t e Citys apportioning ce rtain incidental costs in a special improvement district in which Mrs. Weist's property was involved several years ago. Essentially the tr · •l court h'ls held that the method of apportionment of the costs of special improvement districts, as the City has used it in the past, is lawful and reasonable, as applied to the Weist and Garrett property. The amount involved i ively in ignificant being slightly over 500.00; he legal doctrine which is being a ta ched wa r endously impor ant for un te tha the Court po i orn y Enclosur cc: Ci v Manager A sistan t Cit I n er D1rec o r of Public ~orks . ' •. • • • l IN THE DISTRI CT COURT IN AND FOR THE COUNTY OF ARAPAHOE AND STATE OF COLO RADO Civil Action No, 32865 CAROLINE B. WEIST and REX ) T. GARRETT, ) ) P laintiffs and Petitioners, ) ) ~. ) ( ) CITY OF F.NGLEWOOD, a Colorado ) municipal corporation; JAMFS ) TAYLOR, VF RNON MANN, PAUL BLESS ING, ) HOWARD BROWN , DAVID CLAYTO ., DOUGLAS ) SOVERN, and LEE JONES, a ) of t he City Counci l of th ) Englewood ; and PA L WOLF, a ) Treasurer of th County of ) Arap ah oe , ) JUDGMFNT ) Defendants and Respond nts . ) This matter came on fo earing pursuant to Rule 106(a)(4), ules o f Civ il Procedure, on March 7, 1975, plaintiffs being repr esented by Beve rly Ballantine, Esq., and defendants by Bernard V. Berardini, Esq., and Daniel E. Rasey, Esq. The Court heard th argu~ nts of coun el and took th matter und r advisement after requesting coun el to u it moranda clarif ing the issues. Th se ronda have n r c lv d. The Court now rules •• fol low In ord r to re olv t tt ra • i u th Court la call d upon to constr 31-2 -14, CRS 1973. It provide in par t: • • • • l - - l - ( • • deducting the amount, if any, to be paid by the town or city, upon each lot or tract of land to be assessed for the same, which statement shall be filed in the office of the city clerk or town clerk, as the case may be." Plainti ffs' counsel calls attention to 31-25-503(l)(c), CRS 1973, which provides in part: ''No contract shall be let for any such improve- ment at a price exceeding the maximum price · fixed in said pet tion, excluding the cost of engineering, collection, inspection, incidentals, and interest ." It has also been requested that the Court note the provisions of 31-25-503(3), which contains the following language: ''No contract shall be let for any amounts exceeding the estimate so mad , exc pt that the cost of collection, insp ction, incidentals, and interest may be added th r to." Plaintiffs' coun 1 contends that th items in the City's statement denominate d ·~ngin ring services, salary overhead, administrative ov rh ad, fiscal and paying agent fe s, title checking fees, legal adv rti ing, equipment rental, misc llaneous supplies and expense," a -w 11 as the two percent contingencies figure, all are subject to the six perc nt limitation of the statute. The Court now finds that onl th two p rcent contingencies co s under th d flnition of co t of in p ct1on, coll ction, and oth r incidentals and that the o h r item are properly tr ated as part of th whol c t of th irnprov nt. Th fact th t th c o t of n in crin i a t out aa a aeparat it in on po~tion o 31-2 -S03, CRS 1973, do a not r at d a a r quir th t it b 31-25-514, CRS 1 73, Lt n o I n tatut • -2 - it in d alln lth 0 d d in th latt r • • -. . • Since the City is paying the land acquisition and appraisal fees and the items subj ect to the six percent limitation are well under the allowabl e amount, even if comput ed without reference to land acquisition and appraisal f ees, plaintiffs have no basis for complaint in that re gard. Therefore, it is ORDERED t hat judgment enter. for the defendants and aga inst the plaintiffs and that the case be remanded to the City of Eng lewood with leave to proceed to collect the assessments levied upon plaintiffs' property. Plaintiffs may hav thirty days to file a not ice of appeal. DONE IN OP EN COURT this 22nd day of April, 1975. BY THE COURT: Judge -3 - .. • • , • • City of Englewood 3•00 S Elato Street Englewood . Coloredo 80110 Pnone (303) 761-1140 • , . • 3 b PROCLAMATI N WHEREAS , t h e Rocky Mo u ntain State Premier of Circu Vargas ls at Ci n derella City in Englewood: and James l Tav for MAY O R WHEREAS, the Circus is the on form of the entertainment arts that has never had to undergo cen orship; and WHEREAS, the Circus Vargas had dedicated it elf to th worthy task of r turnin g c ir cus -goer to th rich tradition of the circu a It one \\8 in Am rica; and WHEREAS, the Circus Vargas and the Cinderella City Mer ch an t A i;, soc la ti on \1 i I l · o in f o r c 1! to provld wholcsom c nll'rta inment for famllv m mber , old and oun a like, ' ~ . Tll [' J AME L. AYL R, 1 yo r 0 f th c 1 t o f Engl olorado, do h r b pro lalm w dn da . 197 5 , a II lR 0 \' ,, In th It of En l wood . GI\ FN l D R 1Y II A D A 0 Jo: I. Tll l. . th y r t A\', 1 75 . A fT 1; T: • • ...... • • • P R 0 C L A M A T I 0 N --------- WHEREAS, it is aesthetically important to keep the property in Englewood in a clean and orderly manner; and WHEREAS, the annual City cleanup program is to begin on May 12, 1975; and WHEREAS, the City will offer a service to all the residents of Englewood whereby they will pick up and haul away all trash and tree branches which have been cut and placed in the proper manner. OW, THEREFORE, I, James L. Taylor, Mayor of the City of Englewood, Colorado, do hereby proclaim May 12 through May 22, 1975 to be CLEA -UP, PAINT -UP A D FIX-UP TIME in the City of Englewood, Colorado, and urge all re idents to observe these dates and actively participate in making Englewood a clean, aesthetic community in which to live and visit. • . ' • • • -• I• • INTRODUCED As A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE REPEAL! GAD REE ACTING, WITH AM NDME TS, SECTION 3, CHAPT R 1, TITLE V OF THE 1969 E.M.C., EQUAL EMPLOYMENT OPPORTU ITY AND FAIR EMPLOYMENT PRACTICES; PROHIBIT! G DI CRIMI ATION IN EMPLOYMENT; AND ADOPTING AN AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF ENGLEWOOD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLO RADO, as follows: Section 1. That Section 3, Chapter 1, Title V oi 1969 E.M.C., is hereby repealed and reenacted to read as follows: 5-1-3 E~UAL EMPLOYMENT OPPORTUNITY -F IR EMPLOYME T PRACTICES (a) Neither the City of Englewood nor any officer or employee thereo f shall dis- c riminate against any applicant for e ploy- ment, or any employee, in selec ing applicant for employmen t, or in training, pro o ion, compensation , providing benefits, 1 yoffs and terminations, because of such applicant' or employee~ race, color, rel igion, sex , age, n tional origin or political affilia t ion. ..JD UI (b) As a governmen employer, the City is subject to certain Federal laws on Equal Employ- m nt Opportunity pplicable to non-Fed ral public emplo nt. S veral of th jor Fed ral laws prohibit n discrimin t on in loc l o rn n , and o which ub-c ion ( ) o th1 ct1on rd r, follo : T1tl Vil -1 -• • • • • Civil Rights Act of 1964, 42 u.s.c., Se ct ions 200E, et seq., The Equal Opportunity Act of 1972 (Amendi ng Title VII of the Civil Rights Ac~ ~f 1?64) ! P.L. 92-261, and the Age Dis- crimination in Employment Act of 196 7 29 U S c 621-634 and 29 C.R:F., Part 860, all ~ajo r · · · Federal Laws relating to discrimination in local .gov7rnment as set forth in the U.S. Constitution, the Constitution of the State of Colorado, as well as all Congressional Acts, and Code of Federal Regulations relating thereto. Section 2. That Chapt Pr 1, Titl 0 v of the 1969 .M.C. is hereby amended by adding a new Section to re a d as follows: 5-1-4 AFFIRMATIVE ACTION PROGRAM (a) The City of Englewood hereby adopt and establi shes a policy of fair practices in employment of its memb ers and to promote equal employment oppo rtun ity for all per on regardless of race, creed, color, sex, age, national original or political affiliation. The City of Englew ood recognize equal emplo nt o pp o r uni y s legal, oci 1, and conomic neccs i y which requires sp ci 1 affirmative ac ion o overcom ny effect of di cri in tion . Affirmative Action will effect all emplo men pr c ic including, but not li i ed o , recruitin , hiring, promotions, tr ining, tran f r , com - p n ation, enefit , 1 y off , and ermin a i o n PU RPO SE u r • • • • • perfor ance on Affirmative Action goal wi l l pr ovid positive benefits through full u ilization and development of p r · vi ously under-utilized human resourc l is recognized that equal employment o o r · tun i ty can be fully afforded only with genuine commitments to the concepts of an Affirmativ e Action program. Procedures and employment practices have been devised to assure that no person or group of per ons will be disciminated against because of race, religion, color, sex, creed, national origin or political affiliation. ASSIGNMENT OF RESPONSIBILITIE S (c) Responsibility for implementa i on of this program is hereby assigned to the Di rector of Personnel as Affirmative Action of fice r . The Affirmative Action officer will be the key responsible individual to make recommendations to the appointing authority on the plan and carry out the plan policies under the appointing authority's direction. All department heads and all management personnel, share in this respon · sibility and shall also insure that the policies set forth in this plan are adhered to. All supervisors below the department head level and all employees will be m de awar of the purpose of the Affirmative Action Program and will be charged with the respon ibility of insuring, within their indi idual are s, adherence to this plan. Th Personn 1 Department. in accordance with the Career Servic Board rules. shall insure that 11 recru ting, el ction and other directly rela ed Per onn 1 Ac ion are dmini ter d in accordance with he Affinaa ive Action Progra Further. th P r onn 1 D part•ent h 11 be r pon i bl f o r updatin th t i le l data o f th plan n c ss ar . , -3· • • • 0 {• • STATISTICS (d) Statistical data as related to the labor force is extracted from the 19 70 c ensus data as provided by the State of Colorado Department of Labor and Em ployement, Division of Employment , Research and Analysis Section. EMPLOYMENT AND LABOR FORCE PROFILE (e) The City of Englewood is located in the Denver-Boulder Standard Metropolitan Statis - tical Area. The 19 70 population of the SM S' was 1,227,529 including 205,865 total minoriti e~ and 630,314 females. The SMSA population is approximately 16.8\ minority and 51.3 \ female. The total population of the City of Englewood in 1970 was 33,695 ~hich included 8.7 mi norities and 51.9 \ females. The Denver-Bould er SMSA Labor Force in 1970 was comprised of 1 3\ minorities and 33\ white females. The City of Englewood is located in Arapahoe County and although approx- imately one-half (~) of the City's staff lives within the City limits of Englewood the entire SMSA has been used in developing the goal for Affirmative Action hiring and the entire labor force which represents both minorities and females in the SMSA has been utilized as the Affirmative Action goal for hiring minorities and females. PROGRAM GOALS (f) All City employmen opportunities will continue to b m de known to all citizen aroups. Recruit• nt empha i will b pl ced on minority hirin by announcing 11 open po it1on with th istanc of th followin en c i 1 . Co lor do Di i ion o E ploya nt 2. , I n . (S R) 0211 •. • • • • - 3. Minority Employment Service University of Colorado School of Business Boulder, Colorado 803 02 4. Urban League of Colorado 1375 Delaware 5. Denver, Colorado 80204 Placement Office University of Denver 2199 South Univers i ty Denver, Colorado 80210 6. Local Papers (The Rocky fountain News, The Denver Post) Trade Journal 7. Federal Job Informati on Post Office Building 18th and Stout Denver, Colorado 80202 8. N.O.W. 1055 Rockswood Lane Boulder, Colorado 80303 rvice In addition, all po sition announcements will be forwarded to the various departments within the City of Englewood governmen so that present employees will be encouraged to r fer applic nt . All recruit11ent notic s will read "An Affirmative Action/Equal Opportunity Employer." TESTS (g) All te tin in truments will be reviewed to deteraine wh ther they are job related. Exa11in tion content will b confined to the urem nt of nowledae, kill nd bilitie s ary to p rfor• p c fically def n d tasks h y r lat to th JOb ca ory. ·S· .. • • • • • • JOB REQUIREMENTS (h) A job rest~ucturing study will be undertaken to review and determine t he feasi bility of education, experience, physical and other current requirements. Focus will be upon deter - mining only those qualifications which are directly essential to ability to perform work of that specific position. The City of Englewood application form for employment will be revised in view of the equal employment opportunity pre - employment inquiries. Also, adequate records will be maintained to insure that the City f Englewood is recruiting from all segments of the community. PERSONNEL CLASSIFICATION POLICIES (i) The Affirmative Action plan for the City of Englewood will be included in h personnel rules and procedure manual. It will reenforce the poli cy that equal opportunity shall be given to all qualified persons to compete for p~sitions. GRIEVANCES • • ( • • • • - appraisals and evaluations. It shall be the policy of the plan that any employee of the City of Englewood who willfully violates the intent of this program shall be subject to the appropriate actions, to include reprimand and/or the disciplinary action of suspension or dismissal. PROGRAM EVALUATION (1) The Affirmative Action officer will prepare quarterly reports reflecting the status of the City in its success in meeting the ~1 l s established within this plan. Special reports will be prepared as required and all reports will be submitted to the City Manager for his purview. OPEN POSITION ANNOUNCEMENTS (m) Employees and the public will be in- formed of the City of Englewood Affirmative Action Program through the use of various methods such as newspapers, internal memoranda, notices on bulletin boards, etc. A copy of the plan will be available to all applicants as well as employees. TIMETABLE AND GOALS The tim table est bli hed by this plan t • • - • As o f As o f As o f As of As of As of • • ment approximately equivalent to the wo r k force o f the contiguous jurisdictions i n the Den ver - Boulder Standard Metropolitan Stat i st ica l Ar ea. The goals set by this plan merely serve a s a guide and in no way reflect maximum emplo y- ment representation by minorities and female s . From the 1970 census it has been determined that the minority work force for the Denver SMSA is comprised of 13\. Additionally, the female work force for the Denver SMSA is equal to 33\, therefore, the affirmative action goal for the City of Englewood is to employ over the next two (2) year period a minority work f or c e equal to 13\ of total employment and to hire a female work force over the next three (3) years equal to 33 \ of the total employment in positions other than clerical classifications. TIMETAB LE FOR MINORITI ES Int e rim \ Em21 orment Goa l De fici enc r J anuary 1, 1976 4.33 \ 13 \ J uly 1, 1 97 6 8.66 \ 1 3\ J anuary 1 , 1 977 13 . 00 \ 13 \ TI MET ABL E FOR FEMALE S Inter im ' Em 2 1orm ent Goal Deficien cr January 1, 1 976 1 1. 00\ 33\ January 1, 1977 22.00\ 33\ Ja nuary 1, 1978 33. 00\ 33\ Introduced, read in full and pa readina on th Sth day of M y , 1975. d on fir t Publi h d as a Bill for an Ord nance on th th d y of ay, 1975. ; ' • • • • • • ATTEST: ex officio City Clerk-Treasurer I, Karl Nollenberger, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 5th day of May, 1975. ex off1c10 City Clerk -Treasurer , • • - • • 0 I • • INTRODUCED As A BILL BY COUNC ILMAN A BILL FOR AN ORDINANCE REPEALIN G AND REENACTING, WITH AMENDME TS, SECTI ON 3, CHAPTER 1, TITLE V OF THE 1969 E.M.C., EQUAL EMPLOYMENT OPPORTUNITY AND FAIR EMPLOYMENT PRACTIC ES; PROHIBITING DISCRI MI NATION IN EMPLOYMENT ; AND ADOPTING AN AFFIRMATIVE ACT ION PROGRAM FOR THE CITY OF ENGLE WOOD . BE IT ORDAINED BY TH E CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Sec tion 3, Chapter 1, Title V of 1969 E.M.C., is hereby repealed and reenacted to red follows: (a) eith r the Ci y of Englewood nor ny officer or employee thereof shall dis- criminate again any pplicant for employ- ment, or any employee, in selec ing pplican for employmen , or in training, pro otion, compensation, providing benefits, layoff and termin tion , b cau e of uch applican ~ or mployee race, color, religion, sex, a e, n ion 1 origin or political affiliation. · l - ) 11 _,1 D UJ • • • • • • Civil Rights Act of 1964, 42 U.S.C., Sec ions 200E , et seq., The Equal Oppo rtunity Act of 1972 (A mending Title VII of the Civ il Righ ts Ac~ ?f 1~64), P.L. 92-261, and the Age Dis- c rimination in Employment Act of 196 7 , 29 U.S.C. 621-634 a nd 29 C.R:F., Part 860, all major Federal Laws relat i ng to discrimination in local government as s et forth in the U.S. Constitution, the Constitution of the State of Colorado, as well a s all Congressional Acts, and Code of Federal Regulations relating thereto. Section 2 . That Chapt 0 r 1, Titl V of the 196 9 E.M.C. is hereby amended by adding a new Section to read as follows: S-1 -4 AFFIRMATIVE ACTION PROGRAM ( ) The City of Englewood hereby adopt and est abl ishes a policy of fair practices in employment of its members and to pro ote equal employment oppo rtun ity for all per on r rdle of rac , creed, color , sex, ge, national ori in 1 or political affiliation. The Ci t y of nglew ood recognize equ 1 emplo en o por u i y s le 1, soci 1, nd cono ic necessi y which requires special affir ati e ac ion o overco• ny effects of discrimin tion . Affirmative Action will ffect 11 em plo en prac ice includin , but not 11m1ted o , recruitin , hirin , promo ion r inin , tr n f r , co - p n ion, en fi , 1 yoff , nd er ina ion PURPOS Th • • • 0 • performance on Affirma tive Action goals will provide positive benefits through full utilization and development of pre - viously under-utilized human resources. It is recognized that equal employment oppor- tunity can be fully afforded only with genuine commitments to the concepts of an Affirmative Action program. Procedures and employment practices have been devised to assure that no person or group of persons will be disciminated against because of race, religion, color, sex, creed, national origin or political affiliation. ASSIGNMENT OF RESPONSIBILITIE S ; -3 · raa . • • • I -• 0 I • • STATISTICS (d) Statistical data as related to the labor force is extracted from the 1970 cens us data as provided by the State of Colorado Department of Labor and Employement, Division of Employment, Research and Analysis Section. EMPLOYMENT AND LABOR FORCE PROFILE (e) The City of Englewood is located in the Denver-Boulder Standard Metropolitan Statis- tical Area. The 1970 population of the SM S' was 1,227,529 including 205,865 total minor1tie ~ and 630,314 females. The SMSA population is approximately 16.8\ minority and 51.3 \ female. The total population of the City of Englewood in 1970 was 33,695 which included 8.7 \ mino rities and 51.9\ females. The Denver-Bould r MSA Labor Force in 1970 was comprised of 1 3 minorities and 33\ white females. The City of Englewood is located in Arapahoe County and although pprox- imately one-half (~) of the City' st ff liv within the City limits of Englewood the entir SMSA has been used in developin the oal for Affirmative Action hiring and th ntir labor force which represents both a1noritie and females in the SMSA has b n utilited as th Affirmative Action oal for hirin ainoriti and fe•al PROGRAM GOALS (f) All City employ• w 11 continue to b made known to roup . Recruit• nt mpha i will b on ainor1ty hiring by announcin 11 po 1t1on l h th si nc of th n c i l. , • • • - • • • 0 • 3. Minority Employment Service University o f Colorado School of Business Boulder, Colorado 80302 4. Urban League of Colorado 1375 Delaware 5. Denver, Colorado 80204 Placement Office University of Denver 2199 South University Denver, Colorado 80210 6. Local Papers (The Rocky Mountain News, The Denver Post) Tr ad e Journal 7. In addition, for warded to Federal Job Informat ion Post Office Buildin 18th and Stout Denver, Colorado 0202 .0 .. 1055 Roe ood Lan Bould r, Colorado 03 3 Ci y of n 1 ood 10 eaployee ill b encoura rvice All recruitaent notice t Ac ion/Equal pportun1 , ·S· ' • • • 0 • JOB REQUIREMENTS (h) A job restructuring study will be undertak en to review and determine the fea s ibility of e ducation, experience, physical and oth er c urrent requirements. Focus will be upon deter - mining only those qualifications which ar e directly essential to ability to perform work of that spec i fic pos i tion. The City of Englewood application form for employment will be revised in view of the equal employment opportunity pre - employment inquiries. Also, adequate re c ords will be maintained to i nsure that the City ~f Englewood is recruiting from all se gm ents of the community. PERSONNEL CLASSIFICATION POLICIES (i) The Affirmative Action pla f or the City of Englewood will be included in he personnel rules and procedure manual. It will reenforce the policy th t equal opportunity h 11 be given to all qualified per ons to compete for p~ itions. GRIE A CES (j ) Any City employe mployment who feel d1 CO M LIA.'CE , qu o f re o n i n pe r • • • • appraisals and evaluations. It shall be the poli cy of the plan that an y employee of the City of Englewood who willfully violate s the intent of this program shall be subje ct t o the appropriate actions, to include repr i mand and/or the disciplinary action of suspension or dismissal. PROGRAM EVALUATION (1) The Affirmative Action officer will prepare quarterly reports reflecting the status of the City in its success in meeting the t ls established within this plan. Special reports will be prepared as required and all reports will be submitted to the City Manager for hi s purview. OPEN POSITION ANNOUNCEMENTS (m) Employees and the public will be in - formed of the City of Englewood Affirmative Action Program through the use of various methods such as newspapers, internal memoranda, notices on bulletin boards, etc. A copy of the plan will be available to all applicants as well as employees. TI METABLE AND GOALS .7. • • - ( • As As As A A As • • ment approximately equivalent to the work force of the contiguous jurisdictions in the Denver - Boulder Standard Metropolitan Statistical Area. The goals set by this plan merely serve as a guide and in no way reflect maximum employ - ment representation by minorities and females . From the 1970 census it has been determined that the minority work force for the Denver SMSA is comprised of 13\. Additionally, the female work force for the Denver SMSA is equal to 33\, therefore, the affirmative action goal for the City of Englewood is to employ over the next two (Z) year period a minority work force equal to 13\ of total employment and to hire a female work force over the next three (3) years equal to 33\ of the total employment in positions other than clerical classifications. TIMETABLE FOR MI ORITIES Interim \ E•Elolment Goal Deficiencl of January 1, 1976 4.33\ 13' of July 1, 1976 8.66\ 13\ of January 1, 1977 13.00\ 13\ TIMETABLE FOR FEMALES Interia ' E•Elol!ent Goal Deficienc:t: of January 1, 1976 ll.00, 33\ of January 1, 197 7 22.00• 33\ of January l, 1978 33. oo• 33\ Introduc d, read in full and pa ed on first read i n& on th 5th day of y, 19 7 5 . a I 11 for n Ord n n c on th th d y , .. • • , ....... • 0 • ATTEST: ex officio City Clerk -Treasurer I, Karl Nollenberger, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the Sth day of May, 1975. ex off1 c 10 City Clerk -Treasurer , • ' • • - • • ( • • INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE REPEALING AND REENACTING, WITH AMENDME NTS, SECTION 3, CHAPTER 1, TITLE V OF THE 1969 E.M.C., EQUAL EMPLOYMENT OPPORTUNITY AND FAIR EMPLOYMENT PRACTICES; PROHIBITING DISCRIMINATION IN EMPLOYMENT ; AND ADOPTING AN AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF ENGLEWOOD. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 3, Chapter 1, Title V of the 1969 E.M.C., is hereby repealed and reenacted to read as follows: 5-1-3 E2UAL EMPLOYMENT OPPORTUNITY -F IR EMPLOYMENT PRACTICES (a) Neither the City of Englewood nor any officer or employee thereof shall ~is­ criainate against any applicant for employ- ment, or any employee, in electing applican for employment, or in training, pro•otion, compe nsation, prov1din b n fits, 1 yoff and termination , b c u of uch pplicant~ or employe race, color, rel ion, s x, a e, national ori in or polit1 al ffiliation. (b) A · l · ...ID U/ J J • • ' • • Civil Rights Act of 1964, 42 U.S.C., Sections 200E, et seq., The Equal Opportunity Act of 1972 (Amending Title VII of the Civil Rights Ac~ ~f 1?64) ! P.L. 92-261, and the Age Dis- crimination in Employment Act of 1967, 29 U.S.C . 621-634 and 29 C.R:F., Part 860, all major Federal Laws relating to discrimination in local government as set forth in the U.S Constitution, the Constitution of the St~te of Colorado, as well as all Congressional Acts, and Code of Federal Regulations relating thereto. Section 2. That Chapt ~r 1, Titl V of the 1969 E.M.C. is hereby amended by adding a new Section to read as follows: 5-1-4 AFFIRMATIVE ACTION PROGRAM (a) The City of Englewood hereby adopts and establishes a policy of fair practices in employment of its members and to promote equal employment opportunity for all persons regardless of race, creed, color, sex, age, national original or political affiliation. The City of Englewood recognizes equal employment opportuni y as a legal, social, and economic necessity which requires sp cial affirmative action to overco• ny effect of discrimination. Affirmative Action will effect all e ployment practice includin , but not limit d to, recruiting, hirin , promotion , tr inin , transfer , com- p nation, benefit , layoffs, and termination PURPOS , • • ........ ' • ·, • performance on Affirmative Action goals will provide positive benef its through full utilization and development of pre - viously under-utilized human resources. It is recognized that equal employment oppor - tunity can be fully afforded only with genuine commitments to the concepts of an Affirmative Action program. Procedures and employment practices have been devised to assure that no person or group of persons will be disciminated against because of race, religion, color, sex, creed, national origin or political affiliation. ASSIGNMENT OF RESPONSIBILITIES (c) Responsibility for implementation of this program is hereby assigned to the Director of Personnel as Affirmative Action officer. The Affirmative Action officer will be the key responsible individual to make recomaendations to the appointina authority on the plan and carry out the plan policies under the appointing authority's direction. All department heads and all management personnel, share in this respon- sibility and shall also insure that the policies set forth in this plan are adhered to. All supervisors below th department head level and all employees will be made aware of the purpose of the Affirmative Action Proaram and will be charged with the responsibility of insuring, within their individual areas, adherence to this plan. The Personnel D partment, in accordance with the Career Service Board rules, shall insure that all recruitina. selection and other directly relat d Personnel Ac ions are dminister d in accordance with th Affirmative Action Proaraa. Further, the Per onn 1 D partment shall b responsible £or upda ina th tat s ical data of tho pl n 11 nectt ary . • • -• 0 • STATISTICS (d) Statistical data as related to the labor force is extracted from the 1970 census data as provided by the State of Colorado Department of Labor and Employement, Division of Employment, Research and Analysis Section. EMPLOYMENT AND LABOR FORCE PROFILE (e) The City of Englewood is located in the Denver-Boulder Standard Metropolitan Statis- tical Area. The 1970 population of the SMSA was 1,227,529 including 205,865 total minorities and 630,314 females. The SMSA population is approximately 16.8\ minority and 51.3\ female. The total population of the City of Englewood in 1970 wa s 33,695 which included 8.7\ minorities and 51.9 \ females. The Denver -Boulder SMSA Labor Force in 1970 was coaprised of 13 \ minorities and 33\ white females. The City of Englewood is located in Arapahoe County and although approx - imately one-half (~) of the City's staff lives within the City liaits of Englewood the entire SMSA has been used in developing the goal for Affirmative Action hiring and the entire labor force which repre sents both ainorities and feaales in the SMSA has been utilized a th Affiraative Act ion goal for hirina ainoritie and females. PROGRAM GOALS (f) All City aployaent oppo rtunit i will conti nue to be aade known to all citiz n aroups. Recruitaent eaphasi will b plac d on ainority hirin b announcin all open po ition ith th a istance of th follo in •a ncies: 1. 2. Color do 0 , ·•· sio of Eaplo ( ) •. " • • , - ' • • 3. Minority Employment Service University of Colorado School of Business Boulder, Colorado 80302 4. Urban League ~f Colorado 1375 Delaware 5. Denver, Colorado 80204 Placement Office University of Denver 2199 South University Denver, Colorado 80210 6. Local Papers (The Rocky Mountain News, The Denver Post) Trade Journal 7. Federal Job Information Service Post Off ice Building 18th and Stout Denver, Colorado 80202 8. N.O.W. 1055 Rockswood Lane Boulder, Colorado 80303 In addition, all position announcements will be forwarded to the various departaents within the City of Enalewood aovernaent so that present eaployees will be encouraaed to refer applicants. All recruitment notices will read "An Affiraative Action/Equal Opportunity Eaployer." TESTS Ca) All testina instruaents will be reviewed to deterain whether they are job related. Exaaination content will be confined to the m a ure n of knowleda•. skill and abilitie n cessary to perfor• sp cifically defined tasks a they relate to th job ca aory. , ' • • , ...... ( ( • • 0 • JOB REQUIREMENTS (h) A job restructuring study wi ll be undertaken to review and determine th e feasibil ity of education, experience, physical and other current requirements. Focus will be upon deter - mining only those qualifications which are directly essential to ability to perform work of that specific position. The City of Englewood application form for employment will be revised in view of the equal employment opportunity pre- employment inquiries. Also, adequate records will be maintained to insure that the City o f Englewood is recruiting from all segments of the community. PERSONNEL CLASSIFICATION POLICIES (i) The Affirmative Action plan for the City of Englewood will be included in the personnel rules and procedure manual. I t will reenforce the policy that equal opportunity shall be given to all qualified persons to compete for p~sitions. GRIEVANCES (j ) Any City employee or applicant for City employment who feels that he/she may have been di sc rim i nated against because of race, color, creed, s ex, religion, national orig i n or political aff i liation is encouraged to c ontact the Person - nel Department Affirmative Act i on off i cer . The Affirmative Ac t i on off i cer will a ss ist and adv ise the c omplaintant i n following the City gr i evanc e proc edure . CO MPLIANCE (k) Every Ci t y em ployee shall be • de a war e th t furtherin qual eaployaent o p por t un i t y is n inte ral par of their position nd t hat p rfor• nc w th r spect to h Affir• t ve Action Pro r will b considered in p rfonaance • • ( ( • • 0 - appraisals and eval ~ti o n s . It shall be the policy of the plan that an) employee of the City of Englewood who willfully violates the i ntent of this program shall be subje ct t o the appropriate actions, to include repr i mand and/or the disciplinary action of suspension or dismissal. PROGRAM EVALUATION (1) The Affirmative Action officer will prepare quarterly reports reflecting the status of the City in its success in meeting the b :- established within this plan. Special report will be prepared as required and all re ports will be submitted to the City Manager f or his purvie~. OPE POSITION A (m) Employees and the publi c will be in- formed of the City of Englewood Affirmativ Action Program through the use of variou s methods such as newspapers, internal memoranda, notices on bulletin boards, etc. A copy of th plan will be available to all appli can ts as well as employees. TIMETABLE AND GOALS The timetable e tabl1 s hed by this plan propo ·ed in good f ith o ls with in the there i nm ent • • , - ( • As As As As As As • , . • ment approximately equivalent to the work for ce of the contiguous jurisdictions in the Denver - Boulder Standard Metropolitan Statistical Area. The goals set by this plan merely serve as a guide and in no way reflect maximum employ- ment representation by minorities and females. From the 1970 census it has been determined that the minority work force for the Denver SMSA is comprised of 13\. Additionally, the female work force for the Denver SMSA is equal to 33\, therefore, the affirmative action goal for the City of Englewood is to employ over the ne xt two (2) year period a minority work force equal to 13\ of total employment and to hire a female work force over the next three (3) years equal to 33\ of the total employment in positions other than clerical classifications. TIMETABLE FOR MINORITIES Interim ' EmElo~ent Goal Deficienc;r of January 1, 1976 4. 33\ 13\ of July 1, 1976 8.66\ 13\ of January 1, 1977 13.00\ 13\ TIMETABLE FOR FEMALES Interim \ EmElOr!!ent Goal Deficienc;r of January 1, 1976 11. 00\ 33\ of January 1 , 1977 22.00\ 33\ of January 1, 1978 33.00\ 33\ In troduced , read in full and passed on first readina on the 5th day of May, 1975. Publ shed as a B 11 for an Ordin nee on the th d y of May, 1975. , ·•· •. .. • • ....... • 0 • ATTEST: ex officio City Clerk-Treasurer I, Karl Nollenberger, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the Sth day of May, 1975. ex officio City Clerk -Treasurer , -9- ' • • - • • • INTRODUCED AS A BILL BY COUNCILMAN A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, COLORADO, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood, Colorado and the City and County of Denver, Colorado, acting by and through its Board of Water Commissioners are desirous of cooperating together in authorizing the City of Engle- wood, Colorado, to construct, utilize, maintain, repair and replace an underground sprinkler system with certain additional construction within and across Conduit No. 29 property belonging to the Board; and WHEREAS, a written agreement has been proposed between said municipalities and the Board to allow the con- struction, maintenance, repairment and replacement of said underground sprinkler system within and across the property of the Board; and WHEREAS, all of said facilities to be constructed shall be in accordance with the plan as provided by drawing 68 No. 1021 belonging to the Board, a copy of which is attached to the agreement and made a part thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood Colorado shall enter into anagreement with the City and County of Denver, Colorado, acting by and through its Board of Water Com- missioners according to the provisions of that certain written instrument captioned "License Agreement", which is attached hereto, consisting of four (4) typewritten pages and Exhibit A, a drawing of conduit No. 29 with proposed construction, and is hereby incorporated by reference herein. Said instrument provides: -1- •. ' • • , • • • • (1) The City of Englewood, Colorado, shall construct the underground sprinkler system across Conduit No. 29 according to the plan belonging to the Board drawing 68 No. 1021. (2) The City of Englewood, Colorado, shall give notice the last fifteen (15) days prior to the commencement of the work to submit a duplicate set of final plans to the Board for authorization and approval, and three (3) days prior to commencement of the construction notice shall be given to the Board to make such inspections as it deems necessary. (3) The Board receives the right to make full use of its property and in the event that the installation made by the City of Englewood, Colorado should interfere with said use or operation the City of Englewood, Colorado upon request by the Board shall relocate, rearrange or remove said installation so as not to interferewith said use. (4) City of Englewood, Colorado shall clear all construction debris and restore the area to its original status within forty-five (45) days from the commencement of construction and shall do all things necessary to main- tain the property of the Board in its original condition with full access to the property. (S) City of Englewood, Colorado shall not dis- charge water upon property of the Board or interferewith the flow of water in the Board facilities, and shall use all reasonable means to prevent any loss or damage to the Board because of the installation and any necessary repairs shall be at the s ole expense of the City of Englewood, Colorado, which shall indemnify and save harmless the Board, its officers, employees and agents against any and all claims, damages, causesof action and the expenses connected therewith because of any work done or ommissions to do work. Insurance policies in amounts and with companies satisfactory to the Board shall be provided for the Board's protection by the City of Englewood, Colorado. -z- ' • • t • • 6 . All work ' ne b' he Ci ty of Englew oo d, Colorado shal l be at its sole ex pe ns e and the in st al- lation sha ll be own ed by th e City of Englewoo d, Colorad o. If the r ig ht fur ·~s tallation ha s not been ex ercis ed by the Cit y of bngle~ood , Colorado within a period of one (1 ) year or if the con<l1t 1o n s o f th e requirement s hav e not been comp lied i h he Board ma y revoke said license and upon i ts t erm1 na t1on the Ci ty of Englewood , Colorado sha ll have t n (10) ays o remove its installation. Failing rem oval, th e Boa rd may re move s aid installat ion at t he exp e n se of the Cit;· [ Cnglewood, Colorado. 7 . TJ-.e base.> l icens fee inc ludes eigh t (8 ) "!re; of i n specti on by h~ Board and if fu rther i n sp e ctions re required t n, City of Englewood, Colorado shall pay at the rate o f $8.00 per ho 11r. 8 . The l ice ~ ma y be termi na ed by he Boa rd if thirty (30, days ~ 1 ten notic e is given t ' he City of Englewoo , oloraJ and all applicable law s and ord - i nances , ru le~, .c~l ~ ion s and r e quirements of any gover n - men ta l auth ori y mu~t be ob served . Sec ion 2. The.> e PCU c same an t l1e Ci \ the eal of ayor i; lc r e by au t horize d and directed t o for nd on behalf of the Ci y of Englewood Cl 'rk is lircc ed to at e sam and a ffix he Ci t y here t o. I lt rod11c,.. ,. 1 1 n ul 1 and p "e r adin on e t d v o f Ma , 19 S. n irs Pu1li ~ed a Hil for n Ordinance o n he t day of M y, l ~c ii or TTEST: . ' • • , • I, Karl Nollenberger, do hereby certify that the above and f oregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title as Ordinance No. , Series of 1975. ex officio City Clerk-Treasurer -4 - • • , • • • • LICENSE AGR EE MENT THIS LICENSE AG REEMENT, made this ~/f?// day of , 19_IL, between the CITY .Al-ID COUNTY OF DE VER, a munici a corporation of the State of Colorado, acting by and through its BOARD OF WATER C0""1 ISSIONERS, herein referred to as "Board", and THE CITY OF ENGLEWOOD, a munic ipal corporation of the State of Colorado, herein referred to as "Licensee" (whether grammatical ly s ingular or plu ral). WITNESSET H That: The term "Licensee" shall include employees, agents and contrac ors of Licensee . The term "property" as used herein refers to real property and include s easements, rights-of-way and other Board interests in land and may some times be referred to ere ·n as "Bo ar.:! prop e~ y". The Board, by these presents, without warran t i ng tit le or in terest, and subject to the coven an ts hereinafter set forth does hereby authorize the Licensee, its successors and assigns, to: construct, utilize, maintain, repair and replace a PVC and polyethylene pipe underground sprinkler system, above ground bqckflow preventer, meter pi t, s prinkler system controller on a 4' x 4' concrete slab and a playground area which shall include a concrete curb enclosure, swings, slides and clim bing structures within and across the Boa rd' s Conduit No· 29 property at the location de~cribed in Exhibit "A", attached hereto and made a part hereof. 1. Any construction initiated under this License shall c~ly with and conform to standards formulated by the Board and such construction shall be perfonned and completed according to the plan and within the tolerances given on the Board's drawing(s ) Dr. ~No. 1021, a copy of which is attached hereto and made a part ereof. 2 . The Licensee, at least fifteen (15) days prior to the proposed date for COllmencement of the work hereby authorized, shall submit to the Board for its approval a duplicate set of final detailed plans of the installation Licensee proposes to construct, utilize, modify, repair, replace or maintain hereunder. No con truct ion will be permitted on the licensed premises until the Board has approved the plans therefor . 3. The Licensee shall notify the Board at least three (3) days prior to c ncement of the construction of, modifications or re·pairs to Licensee's ins allation, so that the Board may make such inspections as ft d ems necessary. In t e v n of rg ncy repairs required or safety or restora ion of s rvice tout hty customers, Licensee shall no be required to fumish notice prior o co nc1ng said ""rs, bu t ha no i y e Board of the natu and et n o n 1 s u e. rQenc1 wo . • • • • 6. All Bo ard roads and fencing which are disturbed by the construction of Licensee 's installation shall, within the time prescribed in paragraph 5 hereof, be rest ored to a condition satisfactory to the Board. Board roads and fencing disturbed by the reconstruction , maintenance, modification, operation, repair or replacement of Licensee's facilities shall immediately be restored by Licensee to a condition satisfactory to the Board. Restoration of roads shall include, but is not limited to, res urfacing when deemed necessary by the Board. If restoration is not acc omplished by the Licensee within the time specified, the Board at its election may perform such restoration at Licensee's expense. Licensee shall conduct all construction, modification, operation, repair, replace- ment and maintenance of its installations in such a manner that the Board at all t im es shall have full and complete access to its property. 7 . The Licensee shall, if required by the Board, place and maintain permanent, visible markers of a type and at locations designated by the Board to define the centerline of Licensee 's installation. If the placing of the centerline markers is not completed within the time specified, the Board may comp lete the work at the expense of the Licens ee. 8. Licensee shall not trim or cut down any trees, shrubs, or brush on the Board's property without permission of the Board . When required by the Board, Licensee, at its expense, shall trim or cut down trees, shrubs or brush and remove and dispose of the cutting debris to the satisfaction of the Board. g. All service lines within the Bo ard's property from the facility herein licensed shall be installed i n a manner satisfa.ctory to the. Board. -1.1 II;::, h ·\'1SIQi\J l~OT · .. .J?L· ~~E 10. No portion cit'""lfcensee s taci'l1ty s hall extend bel . stringers of any br hi'8 ~~~.is,~be-U.tadlea01-· · r:t?L -~AB : E • 1 ••~ I-'', ' .::::>IU1'\J l'\i . , . .c:.J~ • 11. Guy wires and /or anchors shall be installed only .at i'OU'bans designated by the B'oa'l-d .... 12. All trenches and excavations within Board property shall be back- filled in the folla.1ing manner: The trench or excavation shall be backfi lled to the original ground line using only su i table soft earth materi al . The back- fill material shall be deposited i n l ayers not to exceed eight (8) inches loose measure for the full width of e t r en ch . Layers shall be brought up uniformly and compacted with mechanical tampers capable of exerting a blow at least equivalent to 250 pounds per square foot, to 90 % of Standard Proctor Maximum Density. The moisture content of t he ~at erial shall be adjusted as required to secure the above density. The amount of wat er used shall be sufficient to obtain the maximum density specified. When moisture is in excess of that nece s- sary for proper compaction, the Li censee shall be required to grade, mix or otherwise process wet material to proper moisture content or haul in suitable material. Tamping equipment shall be subj ect to the approval of the Board. 13 . Underground electr i c power line installations shall be encased in r gi d steel co nduit wi th i n the Board 's property. be installed accord i ng to Board specifi ca- e f, e,.J.ic!\~~1 aRd ~~ o letion of ol hclu~ivefH"Op• Gt Board. all ed upon said g t all ti s ept at 'Boa I'd op ion, gates ay be or when n cessary f or patrol! g s • • - • 17. Licensee shall not and will not be permitted to dis charge water into or upon an y Board property or facility , but shall provide for carriage of any water over or across Board property or facility i n a manner satisfactory to the Board at no expense to the Board . 18. At no time shall Licensee interfere with the flow of water in Board facilities and Licensee shall assume all risks incident to the presence of water i'n Board facilities. 19. Licensee will use all reasonable means to prevent any loss or damage to the Board or to others resulting from the construction, modification, replace- ment, repair, operation and maintenance of Licensee's installation. Any repair or replacement of any of the Board's installations on its property made necessary, in the opinion of the Board, because of the construction, modification, operation, maintenance, repair or replacement of Licensee's installation, shall be made only by the Boa rd and at the sole expense of the Licensee. 20. Licensee shall indermify and save harmless the Board, its of fice rs , employees and agents, aga inst any and all claims, damages, actions or causes of action and expense to wh ich it or they may be subjected by reason of Licensee's installation being located within and across the property of the Board or by reason of any work done or omission ma de by Licensee, its agents or employees, in connection with the construction, operation, modification, rep lacement, mai ntenance, repair or removal of Licens ee's installation. If th e co nstruction of all or any part of Licensee's instal lati on is to be perfonned by an indepen- dent contractor under contract with the Licensee, the Licensee shall so notify the Board and shall incorpo r ate the stip ulations and conditions of this License into the contract s peci fi cations, and if required by the Board, cause said in dependent contractor to obtain, prior to corrmencement of the work, an insurance policy or policies i n amounts and with co111>an ies satisfactory to the Board, which will protect the Board from any loss or damage resulting from the work perfonred by the contractor. 21. Ltcen~e may,penl\1' jnsttal'l#t ~of 'O~ou ti1tt)&broiiiy lines on the licensee's poles installed liereunder; provided, that th~)flttalling ut ility COlll>AnY shall comply with all conditions and stipulations -of"'~1 1cense and be bound thereby. 22. All work authorized by this License shall be perfonred by the License e at no expense to t he Board and, except as otherwise set forth herein, Licensee shall own and maintain its instz l a ti on thereafter. 23. The rights and privileg s granted in this License are subject to prior Agree nts, Licenses and conveyances, reco rded or unrecorded, and it shall be the Licensee 's sole responsibility to detennine the exis tence of any rights, uses or 10stallations conflicting with the Licensee's use of the Board's property hereunder and to resolve any conflict. rl t 27. o r d d rt OU • ll d w\t o ut t • • • • 28. The Board may, at any time, by giving the Licensee thirty (30) days written notice, terminat e this Agreement. 2g. Licensee s hall comply with all applicable laws and ordinances and all rules, regulations and requirements of any Governmental authority pr01rulgated thereunder controlling environmental standards and conditions of the premises. If, as a result of the Licensee 's occupancy of the premises and its operations hereunder, any such law, ordinance, rule, regulation is violated, Licensee shall protect, save harmless, defend and indemnify Board from and against any penalties, fines, costs and expense s inclu ding legal fees and court costs incurred by Board, caused by, resulting from or connected with such vio la t ion or violations. 30. Thi s License is subject to the for egoing conditi ons and to the following spec i al conditions: 30 (a) If it is necessary, in the opinion of the Board, to remove Licensee's facilities or appurtenances herein authorized, Licensee shall remove said facilities intnediate l y upon notification from the Board and Licensee further agrees that removal and replacement shall be at the sole expense of Licensee. In the event said facilities are not removed immediately upon notification by the Board, the Board may remove said facilities at the sole expense of the Licensee. IN WITNESS WHEREOF, this i nstrument has been executed as of the day and year first above written. APPROVED : Director of Plant Director of Engineering and Construction APPROVED AS TO FORM: The un der signed authorized o has read the foregoing Lie nse and and conditions thereof. A ES : Ct y Cle L ) -·- CITY ANO COUNTY OF DENVER, acting by and through its BOARD OF WATER C I SSIO NER S By : Mana ger THE CITY OF E B : ADDRESS: r erms ·' • • I • SECTION 9, TOWNSHIP 5 SOUTH,RANGE 68 WEST --ARAPAHOE COUNTY -- 6th P.M. S 0°29 30"W I 71 82° '.J NOTES . NE 1/4NE1/4 SEC . 9 s 57°10'1 5' w' 2 2Z 64 ' -'I 57°10'1 5 E I 18600 AL L PIPELINES PROPOSED ARE PV C OR POL YETHY LE NE SPRIN LER LI NES 2 ~TAT!') ' r; SHOW <: APPR •i I AT Cn DI I 0 2 A 10 I G W. UINCY AVE . 4 3 EXISTING GRADE (NO GRADE CH ANGE PER THIS CQNTRACTl 30' PROFILE -AA TYPICAL PROFILE NO SCALE THE 10 In C( w WOR S •, ' • • --------------. EXHIBIT "A" A License granted to construct, utilize, maintain, repair and replace a PVC and polyethylene pipe underground sprinkler system together with appurtenances and playground area together with appurtenances within and across the Board's right- of-way for Conduit No. 29 situated in the northeast quarter (NE 1/4) of Section 9, Township 5 South, Range 68 West of the Sixth Principal Meridian, County of Arapahoe, State of Colorado, more particularly described as follows: Beginning at a point on the west property line of South Huron Street whence the northeast corner of said Section 9 bears North 03° 14' East a distance of 640.8 feet more or less; thence South 89° 57' 45" West a distance of 69.77 feet to a point; thence South 57 11 10' 15" West a distance of 222.64 feet to a point; thence South 0° 29' 30" West a distance of 71.82 feet to a point; thence North 57° 10' 15" East a distance of 186.00 feet to a point; thence North 12 11 32' 15" Wes t a distance of 10.67 feet to a point; thence North 57° 10' 15" East a distance of 64.00 feet to a point; thence North 89° 57' 45" East a distance of 49.18 feet to a point on the west property line of South Huron Street; thence North 0° 32' East along said property line a distance of 47.0 feet more or less to the point of beginning. .. 'I • • , - • INTRODUCED AS A BILL BY COUNCILMAN ~~~~~~~~~~~~~ A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, COLORADO, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood, Colorado and the City and County of Denver, Colorado, acting by and through its Board of Water Commissioners are desirous of cooperating together in authorizing the City of Engle- wood, Colorado, to construct, utilize, maintain, repair and replace an underground sprinkler system with certain additional construction within and across Conduit No. 29 property belonging to the Board; and WHEREAS, a written agreement has been proposed between said municipalities and the Board to allow the con- struction, maintenance, repairment and replacement of said underground sprinkler system within and across the property of the Board; and WHEREAS, all of said facilities to be constructed shall be in accordance with the plan as provided by drawing 68 No. 1021 belonging to the Board, a copy of which is attached to the agreement and made a part thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF E GLEWOOD, COLORADO, as follows: Section 1. That the City of Englewood Colorado shall enter into anagreement with the City and County of Denver, Colorado, acting by and through its Board of Water Com- missioners according to the provisions of that certain written instrument captioned "License Agreeaent", which is attached hereto, consisting of four (4) typewritten pages and Exhibit A, a drawing of conduit No. 29 with proposed construction, and is hereby incorporated by reference herein. Said instrumen t provides: -1- ' • • , ...... • (1) The City of Englewood, Colorado, shall construct the underground sprinkler system across Conduit No. 29 according to the plan belonging to the Board drawing 68 No. 1021 . (2) The City of Englewood, Colorado, shall give notice the last fifteen (15) days prior to the commencement of the work to submit a duplicate set of final plans to the Board for authorization and approval, and three (3) days prior to commencement of the construction notice shall be given to the Board to make such inspections as it deems necessary. (3) The Board receives the right to make full use of its property and in the event that the installation made by the City of Englewood, Colorado should interfere with said use or operation the City of Englewood, Colorado upon request by the Board shall relocate, rearrange or remove said installation so as not to interferewith said use. (4) City of Englewood, Colorado shall clear all construction debris and restore the area to its original status within forty-five (45) days from the commencement of construction and shall do all things necessary to main- tain the property of the Board in its original condition with full access to the property. (5) City of Englewood, Colorado shall not dis- charge water upon property of the Board or interferewith the flow of water in the Board facilities, and shall use all reasonable means to prevent any loss or damage to the Board because of the installation and any necessary repairs shall be at the sole expense of the City of Englewood, Colorado, which shall indemnify and save harmless the Board, its officer , employees and agents against any and all claims, damages, causesof action and the expenses connected therewith b cause of any work done or ommissions to do work. Insurance policies in amounts and with companies satisfactory to the Board shall be provided for the Board's protection by the City of Englewood, Colorado. -2- •. • • • 6. All work done by the City of Englewood, Colorado shall be at its sole expense and the instal- lation shall be owned by the City of Englewood, Colorado. If the right for installation has not been exercised by the City of Englewood, Colorado within a period of one (1) year or if the conditi ons of the requirements have not been complied with, the Board may revoke said license and upon its terminat ion the City of Englewood, Colorado shall have ten (10) days to remove its installation. Failing removal, the Board may remove said installation at the expense of the City of Englewood, Colorado. 7. The base license fee includes eight (8) h ours of inspection by the Board and if further inspections are required th e City of Englewood, Colorado shall pay at the rate of $8.00 per hour. 8. The li cens e may be terminated by the Board if th i rty (30) days written notice is given t o the City of Englewood, Colorado and all applicable laws and ord- inances, rules, regulations and requirements of any govern- mental authority must be observed. Section Z. The Mayor is hereby authorized and directed to execute same for and on behalf of the City of Englewood and the City Clerk is directed to attest same and affix the Seal of the City hereto. Introduced, read in ull and passed on first reading on the 5th day of May. 1975. Published as a Bill for an Ordinance on the 8th day of May, 1975. Mayor ATTEST: ex off1c10 City Clerk-Treasurer -3- •. • • , • • • • I, Karl Nollenberger, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordi nance, passed on final reading and published by title as Ordinance No . , Series of 1975. ex officio City Clerk-Treasurer -4 - • • • • • • LICEN SE AGREEMENT THIS LICENSE AGREEMENT, made th is /A.1/ day of ~/L' , 19~, between the CITY AND COUNTY OF DE~a munici jfa~rporation of the State of Colorado, acting by and through its BOARD OF WATER COr+lISSIONERS, herein referred t o as "Bo ard ", and THE CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to as "Licensee" (whether grammatically singular or plural). WITNESSETH That: The term "Licensee" shall include employees, agents and contrac+ rs of Licensee . The term "property" as used herein refers to real property and includes easements, rights-of-way and other Board interests in land and may some times be referred to here ·n as "Boar.:! pr pe~ty". The Board, by these presents, without warranting title or in terest, and subject to the coven an ts hereinafte r set forth does hereby authorize the Licensee, its successors and assigns, to: construct, utilize, maintain, repair and replace a PVC and polyethylene pipe underground sprinkler sy stem, above ground backflow preventer, meter pit, sprinkler system control l er on a 4' x 4' concrete slab and a playground area which shall include a conc r ete curb enclosure, swings, slides and climbing structures within and across the Boa r d's Conduit No· 29 property at the location described 1n Ex ibi t "A", attached hereto and rrade a part hereof. l. Any construction initiated under this License shall c~ly with and conform to s andards fo ulated by the Board and such construction shall be perfonned and com leted according to the plan and wi in the tolerances given on the Board's drawing(:&) Dr . ...§!!__No. 1021, a copy of which is attached ereto and made a pa~: hereof. 2. The Licensee, at least fifteen (15) days prior to the proposed date for corrmencemen of th wor h reby authorized, shall submit to the Board for its aprroval a duplicate set of inal detailed plans o the installation Licensee proposes to cons ruct, utilize, modify, repair, replace or ma1 ntai n hereunder. o construe ion will be permitted on the licensed premises until the Board has approved he plans th refor . • • • • • 6. All Bo ard roads and fenc ing whi ch are disturbed by the construction of Licensee 's installat ion shall, within the time prescribed in paragraph 5 her eof, be restored to a condition satisfactory to the Board. Board roads and fencing disturbed by the recon struction, maintenance, modification, operation, repair or replacement of Licensee's facilities shall imme diately be restored by Licens ee to a co ndit i on satisfactory to the Bo ard . Restoration of roads shall include, but is not limited to, resurfac ing when deemed necessary by the Board. If restora tion is no t accom plished by the Licensee within the time spec ifi ed, the Board at its elect ion may perform such restoration at Licensee's expense. Licensee shall conduct all const ruct ion , mo dification, operation, repair, replace- ment and main tenance of i ts installations in such a manner that the Board at all times shall have full and complete acc ess to its property. 7. Th e Licensee shall, if r equired by the Board , place and maintain perm an ent, visible mark ers of a type and a t loca tions designated by the Board to def in e the centerline of Licensee 's i nstallation. If the placing of the centerline markers is not completed within the time specified, the Board may complete the work at the expense of the Lic ensee. 8. Licen s ee shall not trim or cut down any trees, shrubs, or brush on the Board 's property without permission of the Board. When required by the Board, Licensee, at its expense, shall trim or cut down trees, shrub s or brush and remove and dispose of the cutting debris to the satisfaction of t he Boa rd. 9. All service l ines 1~ithi n the Board's property from the facility herein licensed shall be i nstalled in a manner_ satisfactory to the_ B22rd. -1.1 ii ::;, l--1 ·\'1 :::iJQi\.l NOl .. -'?L : ,ABL...L:. 10. No port i on cif:L fc ensee s (a c1i ity shall extend bel~stringers of any br1 • itP._"'~1J.£..,is ,~be-.a.ttadlepOl-':.t?L . ~AB : E 1 1 ti .._, ',, ' .:::>IU1'\J l\1 . . · .o!-+ . 11. Guy wi res and/or anchors shall be installed only .a.t..lot.tiions des i gna ed by the B"o frd. ... · 12. All trenches and excavations wi h n Board property shall be bac - f ill ed in the follCMing manner: The trench or excav ation shall be backfilled to the original ground line using only s 1table soft earth mat erial. The bac - fill ma terial shall be deposi ed in layers not to exceed e ight (8) inch es loose measure for the full width of he renc . Laye rs shall be brought up uniformly and compacted with mech an ical ampers capable of exerting a blow at least equ i valent to 250 pounds per square oo , to 90 of Standard Proctor Max im um Density. The rnois ure content o tne material shall be adjusted as required to secure th e above densi y. T e aP10unt of w er used shall be sufficient to obtain the maximu dens i y speci ied. When ois ture is in excess of that neces- sary for proper COll'paction, he Licensee shall be required to grade , mi or othe rw ise process we ma erial to proper moisture con tent or haul i n suitable material. a ping equipment shall b subj e ct to the approval of the Board. 13 . r g d st nder~round electric power li 1nstalla io ssh 11 be encased in con d 1 w e Board's prop r y. • • • 17. Licensee sh all not and will not be pennitted to discharge water into or upon an y Board property or facility, but sha 11 pro vi de for carriage of any water over or across Board property or faci 1 i ty in a manner satisfactory to the Board at no expense to the Board. lB. At no time shall Licensee interfere with the flow of water in Board facilities and Licensee s hall assume all risks incident to the presence of water in Board facilities. 19. Licensee will use all reasonable means to prevent any loss or damage to the Board or to others resulti ng from the construction, modification, replace- ment , repai r, operation and maintenance of Li censee's installation. Any repair or rep lacement of any of the Board 's installations on its property made necessary, in t he opin i on of the Board, beca use of the construction, modification, operation, mai nt en ance, repair or replacement of Licensee 's installation, shall be made only by the Board and at the so le e xp ens e of the Licensee. 20. Licensee shall indemnify and save hannless the Board, its offi cers, employees and agents, aga i nst any and all c l aims, damages, actions or causes of action and expense to wh ich i t or t hey may be subjected by reason of Licensee's installation being located with i n and across the property of the Board or by reason of any work done or omi s sion made by Licensee, its agents or employees, i ~ connection with the constructi on, operation, modification, rep l acement, maintenance, repa i r or removal of Licen see's installation. If th e construction of all or any part of Licensee's ins t a l lation is to be perfonned by an indepen- dent contractor under contract wi th the Licensee, the Licensee shall so notify the Board and shall i ncorporate the stipulations and conditions of this License into the contract speci f ications, and if required by the Board, cause sa.id independent contracto r t o obtain, prior to COlllllencement of the work, an insurance policy or policie s in amount s and with compan i es satisfactory to the Board , which wi 11 protect the Board from an y l oss or damage resulting from the work perfonned by the contractor . 21. LJcensee may 1 ,ienlj1t jnsota !!)>ft of 'O~ u tilt~ Rbroiny lines on the Li cen s ee's poles i nstalled here under; provided, that th ~,frista lli n g utility compan y s ha ll comply with all conditions and s ipul a tions -or1~1 1 cens e and be bo un d thereby. 22. A 11 work authorized by is License sha 11 be pe r o rme d by th e Licen s e e at no expe nse to the Board and, except as otherwise s et forth here in , Licensee s hall ow n and ma int ai n its ". s lliat on herea ter. 23. The rights and p r ivil eges granted in this License are subJect to prior Agree nts, Licenses and conveyanc s, recor ded or unrecorded , and i t shall be th Licensee's sole responsibility to detennin he exis tence o f an y r igh t s, uses or i ns tall ations conflict ing with the Lice ns e e's use of the Bo a rd's p rop erty hereun de r an d to resol ve an y conflict. 24 . If the License rl 21. oard d r .. • • , - • 28. The Board may , at any time, by giving the Licensee thirty (30) days written notice, tenninate this Agreement. 29. Licensee shall comply with all applicable laws and ordinances and all rules, regulations and requirements of any Goverrmental authority pr0111Jlgated thereunder controlling environmental standards and conditions of he premises. If, as a result of the Licensee's occupancy o the premises and its operations hereunder, any such law, ordinance, rule, regulation is violated, Licensee shall protect, save harmless, defend and i ndemn ify Board from and against any penalties, fines, costs and expenses including legal fees and cou rt costs incurred by Board, caused by, resulting from or connected with such violation or violations. 30. This License is subject to the foregoing conditions and to the following spec ial conditions : 30 (a) If it is necessary, in the opinion of the Board, to ra110ve Licensee's facilities or appurtenances herein authorized, Licensee shall remove said facilities illlllediately upon notification from the Board and Licensee further agrees that removal and replacement shall be at the sole expense of Licensee. In the event said facilities are not removed flllllediately upon notification by the Board, the Board may remove said facilities at the sole expense of the Licensee. IN WITNESS WHEREOF, this instrum en t has been executed as of the day and year first above writte APPROVED: ant Director of Engineering and Construction APPROVED AS TO FO A EST: C ty Cl r agrees or a t i wil 1 CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER C ISSIONERS By: Mana ger erms THE CITY OF E LEWOOD (Lice nse } 8 : ADDRESS : p • • • , - • • • SECTION 9 , TOWNSHIP 5 SOUTH, RANGE 68 WEST --ARAPAHOE COUNTY -- 6th P.M. s 0"29 30' w 11 a2 · '_, ---· J.-. N OT E S ' NE 114NE1/4 SEC . 9 PLAN SC ALE : 1"=50' ALL P I PELIN S PROPOSED ARE P C OR POLYETHYLENE SPRIN LER LI NES 2 ~~AT ' G Srl :J W IS APPR · '""AT C DUI N ?. ATIO ING 0 W. UINCY AVE . E XISTI NG GRA DE (NO GRA DE CHANGE PER THIS CQ NT RACT) 30' 4 3 10 72 " STL. CONDUIT • 29 PROFILE -AA "TYP I CA L PROF I LE NO SCALE TH 0 WOR l<S •. ' • • - • • EXHIBIT "A" A License granted to construct, utilize, maintain, repair and replace a PVC and polyethylene pipe underground sprinkler system together with appurtenances and playground area together with appurtenances within and across the Board's right- of-way for Conduit No. 29 situated in the northeast quarter (NE 1/4) of Section 9, Township 5 South, Range 68 West of the Sixth Principal Meridian, County of Arapahoe, State of Colorado, more particularly described as follows: Beginning at a point on the west property line of South Huron Street whence the northeast corner of said Section 9 bears North 03° 14' East a distance of 640.8 feet more or less; thence South 89° 57' 45" West a distance of 69.77 feet to a point; thence South 57° 10' 15" West a distance of 222.64 feet to a point; thence South 0° 29' 30" West a distance of 71.82 feet to a point; thence North 57° 10' 15" East a distance of 186.00 feet to a point; thence North 12° 32' 15" West a distance of 10.67 feet to a point; thence North 57° 10' 15" East a distance of 64 .00 feet to a point; thence North 89° 57' 45" East a distance of 49. 18 feet to a point on the west property line of South Huron Street; thence North 0° 32' East along said property line a distance of 47.0 feet more or less to the point of beginning. ' • •