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HomeMy WebLinkAbout1975-12-01 (Regular) Meeting Agenda Packet- ·. • 0 I• - CITY CCJJHCIL MEETlt«i -Regular Oecellber 1 , 197 • ' 0 • 0 • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 1, 1975 7:30 P.M. Call to order, invocation by Reverend Hurley Hill, Church of the Nazarene, 4775 South Pearl, pledge of allegiance led by Cub Scout Pack #153, and roll call . 1. Minutes. (a} Minutes of the regular meeting of November 17, 1975. (Copies enclosed.) (b) Minutes of the special meeting of November 20 , 1975. (Copies enclosed.) 2. Visitors. (a) Mr. Jesse Mammons, Englewood Salvation Army, will be presen to request aid from the City Council for help for their youth program. (b) Mr. David Batchelor, representing the Englewood C ntennial-Bi-Centennial Committee, wi ll be present to discuss the use of th City newsl tt r by he Engl wo od C ntennial-Bi-C ntennial Com- mitte for c mpaign purposes. (Copies enclos d.) - • • • • • 0 • page 2 December 1 Ag enda 3. Co mm un ications -No Action Recommended (Continued). (g) Me morandum from the Director of Utilities to the Cit y Manager concerning legislation for establish- me n t of a Regional Energy Authority for recovery of energy and materials from solid waste. (Copies enclosed.) 4 . Communications -Action Rec o mmended. (a) Minutes of the Water and Se wer Board meeting of November 12, 1975 with a recommendation for a private pipe agreement. (Copies enclosed.) (b) Minutes of the Library Board meeting of November 18 , 1975 with the recomm endation that the City Council authorize the Mayor to sign a multi-lateral agree- ment for the reciprocal use of selec ion services by public libraries participatin in the Central Colorado Library System. (Copies enclosed and See item 5(g).) (c) Memorandum from the Planning and Zonin Commission concerning findings of fact on he R-1-C, R-2 , and R-3 zoning cases. (Copies enclosed.) (d) Memorandum from the Direc or of Finance to he City Mana er concerning fur her information on annual liquor license renewal for Panchos Inc., 4595 South San F Drive. (Copies enclosed .) (e) Resoluti o fro En lewood Ch mb r of Commerc concernln con 1nu nee of he one cen sales tax beyond Dec m r 31 , 1976. (Co is nclosed.) s . Ci y Attorn y. Or in nee on fin l r din ( ) (b) r - • - ( • 0 t• • page 3 December 1 Agenda s. City Attorney (Continued). Bills for Ordinances. (c) Bill rezoning a parcel of land within the City of Englewood, Arapahoe County, State of Colorado, from R-2-A, residence district, to R-1-C, residence district, and amending the official city zoning map accordingly. (d) Bill concerning implementation of the 1976 labor agreement for the Non-Emergency Employees. (Copies enclosed.) (e) Bill concerning implementation of the 1976 labor agreement for the Police Benefit Association. (Copies enclosed.) (f) Bill concerning implementation of the 1976 labor agreement for the Firefighters Association. (Copies enclosed.) (g) Bill relating to the Library Board Agreement. (Copies enclosed, see item 4(b).) Resolutions. (h) Resolution concerning the endorsement of the Englewood Centenni 1-Bi-Centennial Commission project for a Senior Citizens Center. (Copies enclosed.) Ot her Matters. (i) Co n siderat ion of decision concernin applic tio n f or Ar . ) • ' c . - • • ...... • • • • page 4 December 1 Agenda 6 . City Manager (Continue ) . (c) Ordinance adopting the budget of the City of Englewood. (Copies enclosed .) (d) Resolution appropriating funds in the Wat e r Fund. (Copies enclosed.) (e) Resolution appropriating funds in the Public Improv ement Fund . (Copies enclosed.) (f) Memorandum from the Director of Public Works to the City Manager concerning approval of the agreement with the State Highway Department on the Dartmouth and Santa Fe intersection . (Cop ie s enclosed.) (g) Memorandum from the Director of Utilities to the City Manager concerning the Valley Wat er Distric (Copies enclosed.) (h) Reminder to the City Council that December 7, 1975 will be M. M. Summers Day in the City of Englewood. (i) Manager's Choice. 7. General Discussion. (a) Mayor 's Choice. (b) Councilman's Choice. ~1~ A~:y~ Ci y M na er . ' • . • • -• 0 • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 1, 1975 7:30 P.M . Call to order , invocation by Reverend Hurley Hill, Chur ch of the Nazarene , 4775 South Pearl , pledge of allegiance led by Cub Scout Pack #153 , and r oll call . 1. Minutes. (a) Minutes of the regular meeting of November 17 , 1975. (Copies enclosed.) (b) Minutes of the special meeting of November 20 , 1975. (Copies enclosed.) 2. Visit ors . 3 . - ...,{a) Mr. Jesse ltammons, Englewo od Salvation Army, will be presen o request aid from the City Council for help for h ir youth program. (b) Mr. David Batchelor, r presenting the Englewood Centennial-Bi-Cen ennial Committee, will be present to discuss the use of the City newsle ter by the Englewood Cen nnial-Bi-entennial Com- mittee for c mpaign purposes. (Copies enclosed.) ..t'C) 0 h r Visi ors . Co mmuni ca ions -No Ac i on 1nut s or h 1n or OV b r • 1975. ( ) in (c) or r or r ( r 0 r , 1 1 . • - • • • page 2 December 1 Agenda 3 . Communicatio ns -No Actio n Recommended (Continued). (g) Memorand um from the Director of Utilities to the City Manager concerning legislation for establish- ment of a Regional Energy Authority for recovery of energy and mater ials from solid waste. (Copies enclosed.) 4. Communications -Action Recommended. r: (a) Minutes of the Water nd Sewer Board meeting of November 12, 1975 with a recommendation for a ~,:;..;."" private pipe agreement. (Copies enclosed.) " I A~ 4 (b) Minutes of the Library Board meeting of November 18, 1975 with the recommendation that the City Council authorize the Mayor to sign a multi -lateral agre e - ment for the reciprocal use of selection services by public libraries participating in the Central Colorado Library System . (Copies enclosed and See item 5(g).) Memorandum from the Planning and Zoning Commission concerning findings of fact on the R-1 -C, R-2, and R-3 zoning cases. (Copies enclosed.) Memorandum from the Director of Finance to the City Manager concerning further information on annual liquor license renewal for Panchos Inc., 4595 South Santa Fe Drive. (Copies enclosed.) (e) Resolution from the En 1 wood Chamb r of Comm rce ~·~I I concerning continuanc of the one cen sales x rt" beyond Decemb r 31 , 1976. (Coples enclosed.) Ci y A torn y. Or in ce on ln 1 r a in ( ) nd b) r - • • -• • page 2 Decemb er 1 Agenda 3. Communications -No Action Recommended (Continued). (g) Memorandum from the Director of Utilities to the City Manager concerning legislation for establish- ment of a Regional Energy Authority for recovery of energy and materials from solid waste. (Copies enclosed .) 4 . Communications -Action Recommended. (a) Minutes of the Water and Sewer Board meeting of November 12, 1975 with a recommendation for a f"~":> private pipe agreement. (Copies enclosed.) (b) Minutes of the Library Board meeting of November 18 , 1975 with the recommendation that the City Council authorize the Mayor to sign a multi -lateral agree - ment for the reciprocal use of selection services by public libraries participating in the Central Colorado Library System . (Copies enclosed and See item 5(g).) Memorandum from the Planning and Zoning Commission concerning findings of fact on the R-1-C, R-2, and R-3 zoning cases. (Copies enclosed.) Memorandum from the Director of Finance to the City Manager concerning further information on annual liquor licens renewal for Panchos Inc., 4595 South Sant Fe Drive. (Copies enclosed.) Resolution from th En lewood Chamber of Commerce concernin continu nee of the on cen sales ax beyond Decemb r 31 , 1976. (Copies enclose .) 5. Ci y At orn y. 0 in c on fin r din ( ) r 4 • . - • • -• 0 • page 3 Decemb er 1 Agenda 5 . City Attorney (Continued). Bills for Ordinances. I yt 1£) ~ rtl .,; ,w-,. ... , (c) ( e) ( f) (g) Bill rezoning a parcel of land within the City of Engle wood , Arapahoe County , State of Colorado , from R-2-A, residenc e district, to R-1 -C, residence district , and amending the official city zoning map accordingly. Bill concerning implementation of the 1976 labor agreement for the Non -Emergency Employe es. (Copies enclosed.) Bill concerning implemen tation of the 1976 l abor agreement for the Police Benefit Asso ciation. (Copies enclosed .) Bill conce rning implementation of the 197 6 labo r agreement for the Firefighters Association. (Copies enclosed.) Bill relating to the Library Board Agreement. (Copies enclosed, see i em 4(b).) Resolutions. Resolution concerning the endorsement of the Englewood Cen nnial-Bi-Centennial Commission project for a Senior Citizens Center. (Copies enclosed .) Other Matters. (i) Consideration of appe l of he Dis ric Cour decision concernin hree-way liquor license applic tion for Arap's Restaur nt an Loun e. 1 1, o . 1 Co n 1n ( J ) pr ov 1 0 1 71) 1,500 f r v lo f irs hol rse , Rive r R v . ( ) o rne y's Cho i ce . C1 y r. f o r m n1 c 1 l (Co p1 n clo .) ( c - • • -• • • page 4 December 1 Agenda 6. City Manager (Continued). . -----;-:;;----f 1 ( c-" t/Q (c) Ordinance adopting the budget of the City of ~· ~ ~glewood. (Copies enclosed .) ~ / U (d) Resolution appropriating funds in the Water Fund. (Copies enclosed .) e:,f.<e) ( f) (g) (h) /IA~ (i) Resolution appropriating funds in the Public Improvement Fund . (Cop i es enclosed.) Memorandum from the Director of Public Works to the City Manager concerning approval of he agreement with the State Highway Depar men on the Dartmouth and Santa Fe intersection. (Copies enclosed .) Memorandum from the Director of Utilities to he City Manager concerning the Valley Water Dis ric (Copies enclosed .) Reminder to the City Council that December 7 , 1975 will be M. M. Summers Day in the City of Englewood . Manager 's Choice . 1. General Discussion. (a) Mayor 's Choice . (b) Councilman 's Choice. /)A.1. pt;:::_ A~:yTown Ci y M na er - • • • • • 0 • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 1, 1975 7:30 P .M. Call to order , invocation by Reverend Hurley Hill, Church of the Nazarene, 4775 South Pearl, pledge of allegiance led by Cub Scout Pack #153, and roll call. 1. Minutes. (a) Minutes of the regular meeting of November 17. 1975. (Copies enc losed.) (b) Minutes o f the special meeting of November 20 , 1975. (Copies enclosed.) 2 . Visitors. 3. (a) Mr. Jesse Mammons, Englewood Salva ion Army, will be present o request aid from the City Council for help for their youth program . (b) Mr. David Batchelor, representing the Englewood Centennial -Bi -C entennial Commit ee , will be present to discuss the use of th City newslett er by the Englewood Centennial-Bi-Centennial Com- mittee for c mpaign purposes. (Copie enclose .) ( c) 0 her Visi ors . Communica ions -No Ac ion R ( ) Minutes of h T x Co it m in of ovem- b r 6 , 1975. (Copie nclo ed .) (b) Minu es of h P r s ion Board in o f Nov m r 13, 1975. ncloa . ) (c) Min t a or h Polle in 0 OV m r 20 , l 75. Min t Of h 1r or OV m r 20 , 1975. in 0 ( r> or 0 r, 1 7 . . ) - • • • 0 • page 2 December 1 Agenda 3. Communica tions -No Action Recommended (Continued). (g) Memorandum from the Director of Utilities to the City Manager concerning legislation for establish- ment of a Re giona l Energy Authority for recovery of energy and materi als from solid wast e . (Copies enclosed.) 4 . Communications -Action Recommended . (a) Minutes of the Water and Se wer Board meeting of November 12, 1975 with a recommendation for a private pipe agreement . (Copies enclosed .) (b) Minutes of the Library Board meeting of November 18, 1975 with the r ecommendation that t h e City Council aut hori ze the Mayor to sign a multi-lateral agree- ment for the reciprocal use of selection services by public libraries participating in the Central Colorad o Library Syst em . (Copies enclosed and See item 5(g ).) (c) Memorandum from the Planning and Zoning Commission concerning findings of fact on the R-1-C, R-2 , and R-3 zoning cases. (Copies enclosed.) (d) Memorandum from the Director of Finance to the City Mana ger concerning further information on nnual liquor license renewal for Panchos Inc., 4595 South Santa Fe Drive. (Copies enclosed .) (e) Resolution from the En lewood Ch mber of Co mm rce concernin continuance of he one cen sal s a x b yond Decemb r jl , 1976. (Co ies nclos d.) 5. Ci y A torn y. Or in c on fin l r din ( ) { ) •. r • • -• 0 • page 3 De c e mb er 1 Agenda 5. City Attorney (Continued). Bills for Ordinances . (c) Bill rezoning a parcel of land within the City of Englewood , Arapah oe County , State of Colorado , from R-2 -A, residence district , to R-1 -C, residence district , and amending the official city zoning map accordingly. (d) Bill concerning implementation of the 1976 labor agreement for the Non -Emergency Employees. (Co pies enclosed .) (e) Bill concerning implementation of the 1976 labor agreement for the Police Benefit Association. (Copies enclosed .) (f) Bill concerning implementation of the 1976 labor agreement for the Firefighters Association. (Copies enclosed.) (g) Bill relating to the Library Board Agreement. (Copies enclosed , see item 4(b).) Resolu ions. (h) R solution conce rning the endorsement of the Englewood Cent nnial-Bi-Centenn1al Commission project for a Senior Citizens Cente r. (Copies enclosed.) • 0 • page 4 December 1 Agenda 6. City Manager (Continued). (c) Ordinance adopting the budget of the City of Englewood. (Copies enclosed.) (d) Resolution appropriating funds in the Water Fund. (Copies enclosed.) (e) Resolution appropriating funds in the Public Improvement Fund. (Copies enclosed.) (f) Memorandum from the Director of Public Works to the City Manager concerning approval of the agreement with the State Highway Department on the Dartmouth and Santa Fe intersection. (Copies enclosed .) (g) Memorandum from the Director of Utilities to the City Manager concerning the Valley Wate r Dis ri c (Copies enclosed.) (h) Reminder to the Ci y Council ha December 7 , 1975 will be M. M. umm rs Day in the Ci y o f Englewood. (i) Manager's Cholc 7. General Di cussion. (a) Mayor's Choice. ( ) Council an 's Choice. •. - • • - • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 1, 1975 7:30 P.M. Call to order , invocation by Reverend Hurley Hill, Church of the Nazarene, 4775 South Pearl, pledge of allegiance led by Cub Scout Pack #15 3 , and roll call . 1. Minutes. (a) Minutes of the regular meeting of November 17, 1975. (Copies enclosed .) (b) Minutes of the special meeting of November 20 , 1975. (Copies enclosed.) 2 . Visitors. (a) Mr. Jesse Mammons, Englewood Salvation Army, will be present to request aid from the City Council for help for their youth program. (b) Mr. David Batchelor, representing the Englewood Centennial-Bi-Gen ennial Committee, will be presen to discuss the use of h City newsletter by the Englewood Centenni 1 -Bi -Centennial Com- mit ee for c mpai n pur oses. (Copies enclosed./ (c) 0 her Visi ors. 3. Communications -No Ac ion Recomm n e . (a) M1nu s of the T x Commit e m e in of Nov m- er 6 , 1975. (Coples enclos d.) (b) rd 1975. . ) or r 1n or ov 1n or 1n 1n (t) r, 1 7 • - • • -• 0 • page 2 Decemb e r 1 Age n da 3. Commu n ications -No Action Recommended (Continued). (g) Memorandum from t h e Director of Utilities to the City Manager concerning legislation for establish- ment of a Regional Energy Authority for recovery of energy and materials from solid waste. (Copies enclosed.) 4. Communications -Action Recommended. 5, (a) Minutes of the Water and Sewer Board meeting of November 12, 1975 with a recommendation for a private pipe agreement. (Copies enclosed.) (b) Minutes of the Library Board meeting of November 18 , 1975 with the recomm endation that the City Council authorize the Mayor o sign a multi-lateral agree - ment for the reciprocal use of selection service s by public libraries par icipating in the Central Colorado Library Sys em. (Copies enclosed and Seeiem5(g).) (c) Memorandum from the Planning and Zoning Commission concerning findings of fact on the R-1-C, R-2, and R-3 zoning cases . (Copies enclosed.) (d) Memorandum from the Director of Finance to th City Manager concernin further information on annual liquor license renewal for Panchos Inc ., 4595 South Santa Fe Drive. (Copies enclosed.) (e) Resolu ion from the En lewoo Chamber of Comm rce concernin con inu nee of the one c nt sales ax beyond D c mb r 1 , 1976. (Copies enclose . ) Ci y Attorney. Or 1n ce on tin l r a in ( ) nd ' - • • 0 • page 3 Decemb er 1 Age nda 5, City Attorney (Con 1nued). Bills for Ordinances. (c) Bill rezo ning a arc l Engle wood, Ara aho Co from R-2-A, residenc district, and amendin map accordingly. f land within he City of of Colorado , ric , o R-1 -C, residence official city zoning (d) Bill concernin im lem n a ion of he 1976 labor agreement for he Non -ergency Employees. (Copies enclos d.) (e) Bill concerning implem ntation of the 1976 labor agreement for h Police Benefit Asso ciation. (Copies enclosed.) (f) Bill concerning implementation of the 1976 labor agreement for the Firefighters Association. (Copies enclosed.) (g) Bill relating to the Library Board Agreement. (Copies enclosed, see item 4(b).) Resolutions. (h) Resolution cone rning the endorsement of the Englewood Centenni 1-Bl-Centennial Commission project for a Senior Citizens Center . (Copies enclosed .) Other Matters. (i) Considera ion of appe 1 of he Dis ric Cour decision concernln hree-way liquor license pplication f or Arap 's Restaurant an Loun e. ( j ) (k) Co nc11 pproval or 1 ern pl n No . 1 (open1n spr1n o f l 77) i roprla in $ 41,500 for velo men of 'h first 9 hol e of olf course, Riv r Redev. Proj c . A torney ' Choice. r. a for (Cop1 n1c1p l nclo . ) - • • - ' • • • • • page 4 December 1 Agenda 6 . City Manager (Continued). (c) Ordinance adopting the budget of the City of Englewood . (Copies enclosed.) (d) Resolution appropriating funds in the Water Fund. (Copies enclosed.) (e) Resolution appropriating funds in the Public Improvement Fund. (Copies enclosed .) (f) Memorandum from the Director of Public Works to the City Manager concerning approval of the agreement with the State Highway Department on the Dartmouth and Santa Fe intersection. (Copies enc lo se d .) (g) Memorandum from the Director of Utili ies to the City Manager concernin g he Valley Water Distric (Copie enclosed.) (h) Reminder to the City Council that December 7 , 1975 will be M. M. Summers Day in the City of Englewood. (i) Manager's Choice . 7. General Discussion . (a) Mayor's Choice. (b) Councilman 's Choice. /1,.1 Pl~~ A~d:7:.n City Man ger - • • - ' • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL DECEMBER 1, 1975 7:30 P.M. Call to order , invocation by Reverend Hurley Hill, Church of the Nazarene, 4775 South Pearl, pledge of allegiance led by Cub Scout Pack #153, and roll call. 1. Minutes. (a) Minutes of the regular meeting of November 17, 1975 . (Copies e nclosed. ) (b) Minutes of the special meeting of November 20 , 1975. (Copies enclosed .) 2 . Visitors. 3. (a) Mr. Jesse Mammons, Englewood Salvation Ar y, will be present to request aid from the City Council for help for their youth program. (b) Mr. David Batchelor, representing the Englewood Centennial-Bi-Centennial Committee, will be present to discuss the use of the City newsletter by the Englewood Centennial-Bi-Centennial Com- mittee for c mpaign purposes. (Copies enclosed.) (c) Other Visitors. Communications -No Action Recomm n d. ( ) Minutes of he Tax Commit e in of Nov m- ber 6, 1975. (Copi s (b) Minutes or he Parks tin or Nov mb r 13, l 75. (c) Min s or h Polic in or ovem er 20 . l 75. Min t or h Pir or Nov m r 20 , 1975. ( 1n ( f) P1n R • l 7 . (Co nc • . ' - • • • • • 0 ·. • page 2 Decemb e r 1 Agen da 3. Communications -No Action Recommended (Continued). (g) Memorandum from the Director of Utilities to the City Manager concerning legislation for establish- ment of a Regional Energy Authority for recovery of energy and materials from solid waste. (Copies enclosed.) Communications -Action Recommended. (a) Minutes of the Water and Sewer Bo ard meeting of November 12, 1975 with a recommendation for a private pipe agreement . (Cop ies enclosed .) (b) Mi nu t es of the Library Board meeting of November 18 , 1975 with the recommendation that the City Council authorize the Mayor to sign a multi -lateral agree - ment for the reciprocal use of selection services by public libraries par icipating in the Central Colorado Library System. (Copies enclosed and See item 5 (g).) (c) Memorandum from the Planning and Zoning Commission conce rning findings of fact on the R-1-C, R-2, and R-3 zoning cases. (Copies enclosed.) (d) Memorandum from he Director of Finance to the City Mana er concerning furthe r information on nnual liquor license renewal for Panchos Inc ., 4595 South Santa Fe Drive. (Copies enclosed.) (e) Resolutio from the Englewood Chamb r of Commerc concern1n continuance of the one c n sales ax yond Dec mb r 31 , 1976 . (Copies enclosed.) 5. Ci y A torn y. Or in ce on rin 1 readin ( ) (b) r • • - ( ' • 0 • ' page 3 December 1 Agenda 5. City Attorney (Continued). Bills for Ordinances. (c) Bill rezoning a parcel of land within the City of Englewood , Arapahoe County, State of Colorado, from R-2-A, residence district, to R-1-C, residence district, and amending the official city zoning map accordingly. (d) Bill concerning implementation of the 1976 labor agreement for the Non -Emergency Employees. (Copies enclosed.) (e) Bill concerning implementation of the 1976 labor agreement for the Police Benefit Association. (Copies enclosed.) (f) Bill concerning implementation of the 1976 labor agreement f or the Firefighters Association. (Copies enclosed.) (g) Bill relating t o the Library Board Agreement. (Copies enclosed, see item 4(b).) Resolutions. (h) Resolution concerning the endorsement of the Englewood Cen nnial-Bi-Centennial Commission project for a Senior Citizens Center. (Copies enclosed.) O her Ma ers. (i) Con id r tion of appeal o f h Dis ric Cour decision cone rning hree -way liquor l i cense pp11c tion for Arap 's Restaur n n Loun e. 1.n ( J ) 1 v lo men v. ProJ c . • . (k) - . ) • I • ....... ' • • • page ~ December 1 Agenda 6. City Manager (Con in ed). (c) Ordinance adopting the b d et of the Ci y of Englewood. (Copies encl o sed.) (d) Resolution appropria in (Copies enclosed.) un s in he Wa er Fund . (e) Resolution appro ria it. f nds in the Public Improvement Fund. (Co ies enclosed.) (f) Memorandum from he Director of Public Works to the City Manager concerning approval of the agreement with the tate Highway Department on the Dartmouth and Santa Fe intersection. (Copies enclosed .) (g) Memorandum from the Director of Utilities to the City Manage r concerning the Vall ey Wat er Distric (Copies enclosed .) (h) Reminder to the City Council that December 7, 1975 will be M. M. Summers Day in the City of Englewood. (i) Manager's Choice . 7. General Discussion. (a) Mayor 's Cho i ce . (b) Councilman 's Choice. a~ Ct y an ger • . • • • • • COUNCIL CHAMBER CITY OF ENGLEWOOD, COLORADO November 17 , 1975 /Cl, REGULAR MEETING : The City Council of the City of Englewood , Arapahoe County , Colorado , met in regular session on Hovember 17 , 1975 at 7 :30 p .m. Mayor Taylor , presiding , called the meeting to order . The invocation was given by Rev . Stanley Fixture of the Englewood United Methodist Church . The Pledge of Allegiance was led by Cub Scout Pack 153 . Mayor Taylor asked for roll call . Upon the call of the roll , the following were present : Council Members Jones , Sovern , Mann , Brown , Clayton , and Mayor Taylor . A MOT 75 fo Absent: Council Member Blessing . The Mayor declared a quorum present . Also present were: City Mana er Mccown Asst . City Manager lollenberger City Attorney B rardini Direc or of U ilities Carroll Actin Dir c or of Community ve o m nt Romans Chi f H m1lton y Ci y Cl rk Johannisson • • • • • • Ay Co r cil correction ma e ing minutes, that h a ked that the y ar th Civil A D COUUCII..MA TH HEET~:G OF " nd Police gain th roll, h vot v rn, M nn , Brown , C y on , T ylor • ' - • • • Novemb e r 1 7 , 1 7 5 Pa g e 2 I a y s : ifo n e . • 0 I• • A sen ou n c il Me mber Blessing . Th e Mayor d e clar e d the moti o n carrie • • • • • * Martin Lathrup , 3259 Sou th Clarkson , was introduced by Mayo r Taylor . Mayor Taylor p r ese nted him with a Distinguished Se rvic e Award for the work that he did in preparing the Englewood celebrat i on of the ann iv e r sary o f the United Nations . Mr . La hrup addressed the audience and state d his appreciation for the award . • • • • • • May o r Taylor introduced the two new Councilmen who wer e e le ct e , Donal Smith and Donald William s . • • • • • • Harvey Pratt , 4810 South Inca , indicated that he was at the City Council meeting to ask for official approval for the expansion of Drug F ir locat e d in the 4200 b ock of South Broa way . This is in com liance with the state i uo r cod s . He s ai that the ex ansi o n would be dou ling th size of th dr g st o re . ' ( ( • • November 17 , 1975 Page 3 • 0 - Tina Warden , 3001 West Bellewood , discussed her request for rezoning of her residence to accommodat the business of a wig shop . She explained her personal si ation and why she desired th rezoning . COUNCILMAIJ MA N MOVED AHO GOU CH.MAI JOI l:.S ECONDED A MOTIOIJ TO CONSIDER ITEM 4-f OUT OF AGENDA E UENCE RELATI G TO A RECOMMENDATION FROM THE PLANNING AID ZONING COMMI SIOI REGARDING DENIAL OF REZONING RE UE T OF TIIIA WARDE , 3001 WEST BELLEWOOD . Upon a call of the roll , the vote resulted as follows : Ayes : Council M mb r~ Jones , Sovern , Mann , Brown , Clayton , Taylor . ays : Non . Absent : Council Mm er ssin . The Mayor declare he motion carrie War n said that th y • • • • I• - tov mber 17 , 1 9 75 Page 4 Councilman So vern stated that spot zoning of this ty e in the heri an area has caused a great deal of problem , a~ one can see y rivin along Federal in the City of Sheri an . Councilman Mann stated that he sees no robl m in exten in g he B-2 zoning along Federal to Chenango if h owners in tha area should desire it . A discussion etween Co nc man Mann and Councilman Jones ensued relat i ng to zoning in that area . 11 r l' • Upon a call of the roll , the vote resulted as fo lows : Ayes : Council Members Jones , Sovern , Brown , Clayton . rays : o ncil ~em ers Mann , Taylor . Absen Council Mem er Blessin . h Mayor declare th motion carried . Mrr , arden q e tioned he eci ion o f Council . sk d 1 • • • • is per- t te that o whether • ( November 17 , 1975 Page 5 • • Mrs . Oldenburg stated that the great majority of people in the area want the previous zoning of R-2-A. She stated that of all the people that were at the Planning and Zoning Commiss ion meeting of October 20 , 1975 , only six to eight people there were in favor o f R-2 zoning . She finished by referring to a letter from John Cris well relating to the zoning situation . Mayor Taylor referred to the Council action relating to the rezoning and stated that the fourteen -unit apartments as previously in the R-2 -B had been changed to permit only quadruplexes . COUNCILM AN JONES MOVED AND COUNCILMAN MANN SECONDED A MOTIOI TO CONSIDER ITEM 4-e OU OF AGENDA SE UENCE RELATING TO THE MINUTES OF THE PLANNING AND ZONI G COMMISSION MEETING OF OCTOBER 21 AND 22 WITH RECOMMENDATION FROM THEIR MEETING OF NOVEMBER 11 , 1975 , COHCl:.RNIIW ZONING OF LAND IN THI:. CITY FORMERLY ZOtED AS R-2-A, R-2-B, R-3-A and R-3-B to R-1 -C, R-2 and R-3 . Upon a call of the roll, the vo resul ed as follows: Ayes: Council Members Jones , overn , Mann, Brown , Clay on , Taylor . ys: None . A sen Council Mem er Blessin The yor clar d he mo ion c rri De u y Ci y C rk o n ri well. Tha l r r 7 , ~75 8 0 1 0 nr 1n Comm! 1o c o n: nisson rea a l tter from s fol ows: 10 if c o. -7 5 • • ' • • • • November 17 , 1975 Page 6 • 0 - against the R-1-C zoning , but that it was anticipated that Council would give the Commission some direction upon the matter . In the undersigned 's view, Council is faced with several alternatives , but it must bear in mind that it is operating under some severe time limits . It seems to us that the only possible zoning which could be considered for the subject area would be either R-1 -C or R-2 . Indeed , it is our opinion that to deny the property owners in the area the right to use their property to build duplexes , at least , as they have had the right to do since 1963 , would constitute a deprivation of property without due process . Be that as it may , it is our understanding that Council now has the option either of scheduling a public hearing on the R-1 -C request or of refusing to do so . On the other hand , Co ncil cannot , in our opinion , consider zoning this ro n R-2 until the Commissio1 has held a public hearing on the m· tt r . Th , if Co rcll an later dcnie an 1 zone s a e . On the otner th r 1 her 1 y w s c t..lon: T ,) . t t. h1 'cl hearing on the st , the area sha R--C, y. 11 s1rt; y our ell n ~. n r y tl t Co nc11 con 1 r tn of --c 1mu t h r1r o • • • November 17 , 1 975 Page 6 • 0 - against the R-1-C zoning , but that it was anticipated that Council woul give the Commission some direction upon the matter . In the un ersigned 's view, Council is faced with several alternatives , but it m st bear in mind that it is operating under some se vere time limits. It seems to us that the only possible zoning which co ld be considered for the subject area would be either R-1 -C or R-2 . Indeed , it i s our o inion that to deny the property owners in the area the right to use their property to build duplexes , at least , as they have had the right to do si1 ce 1963 , would constitute a deprivation of property without due process . Be that as it may , it is our understanding that Council now has the o tion ei her of sche uling a p b ic hearing on the R-1-C request or of refusing to do so . On u 0 1 , Co nci cannot , in our opinion, consider R-.. n 11 th Commission has h ld a public t.t..r . lieritgo t , th ar a Co r ci 0 oni y es for R--C , egal y, b in Ci 0 0 1 I r r1 on • - ( • • November 17 , 1975 Page 5 • 0 • I• Mrs . Oldenburg stated that the great majority of ople in the area want the previous zoning of R-2-A. She s a ed that of all the people that were at the Planning and Zoning ommission meeting of October 20 , 1975 , only six to eight eople there were in favor of R-2 zoning . She finished by referring to a letter from John Criswell relating to the zoning situation . Mayor Taylor r eferred to the Council action r elating to the rezoning and stated that the fourteen -unit apartments as previously in the R-2-B had been changed to permit only quadruplexes . COUNCILM AN JONES MOVED AND COUNCILMAN MANN SECONDED A MOTIOH TO CONSIDER ITEM 4-OUT OF AGENDA E Ul::NCE RELATING TO THE MINUTES OF THE PLANNING AHO ZONING COMMISSION MEETING OF OCTOBER 21 AND 22 WITH RECOMMENDATIONS FROM THEIR MEETING OF NOVEMBER 11 , 1975 , COHCl:..RIHHG ZONING OF LAND rn THI:.. CITY FORMERLY ZONED AS R-2-A, R-2-B, R-3-A and R-3-B to R-1 -C, R-2 and R-3 . Upon a cal of h roll , the vote resul ed as f ollow Ayes: Co cil M,m ers Jones , overn , Mann , Brown , Clayton , Ta lor . ys: Non A Co nci Me t r le in·. Th yo .. arr1 1 y r r 75 10 -7 • • November 17, 1975 Page 7 • -I • 4 . Co uncil would then be presented with the alternative of either R-1-C or R-2 , but it would be presented under circumstances where Council 's decision could be a con- sidered one and one which would have some finality to it . Of course , our clients would prefer Council not to hol a public hearing upon the R-1 -C request and , since the Planning Commission has recommended against that zoning , it is our unders t anding that Council has the right to refuse to hold such a hearing. However , if it is Council 's desire to hold a hearing upon the matter , we respectfully suggest that it not be held until the Commission gives to Council its recom- mendation upon an alternative zoning and Council has before it a choice of actions . Sincerely , /s/ John A. Criswell For CRISWELL , PATTERSON & BALLANTINE Ci y A torn y Berardini ex lained he possible actions open to Ci y Council re ar ing this rezoning si ua- tion: w1 1 . City Counci can pass th R-1-C zonin for 2 . tha are r the adv rse decision of he Plannin a d Zonin Commission af r nother u lie hearing is held . cil may ac hey hav on a o her classific - he a ropri e lie • • • lovember 17 , 1975 Page 8 • - Mayor Taylor said hat the question before the Council at thi m etin is to make a decision relating to he zoning of th rea in q estion . Co ncilmau ovcrn sta e that of the even Co u c il- men , five o not o sess a complete understanding of t e Planning and Zoning Commis ion ' f cts and fin ings , ar.J that it is importan th t they familiarize themselves co.- pletely with the s bject . Steve Alen , 020 South Lincoln , stated tha m ry public hearings have already been held an that , in his o inion , the ublic has a tended ut have not been to . He sta c tha any further public h arings an ance by hose who have a concern wo ld seem ra her t.h o ject stands now n o nc1 :onin Coi:un1ss1on • • - ( • November 17 , 1975 Page 9 • • new zoning . She stated that , in her opinion , quadruplexes are just a block-busting technique . Councilman Brown clarified his position as it relates to the situation in past meetings . He stated that he introduced the initial motion because he felt that the R-1 -C zoning was right for that area , but he then changed his opinion after he was presented with additional informa- tion and therefore voted against it in the Planning and Zoning Commission meeting . COUNCILMAN JONES MOVED AND COUNCILMAN MANN SECONDED A MOTION TO CONSIDER REZONING FOR THE AREA IN QUESTION ON DECEMBER 1 , 1975 , AFTER REVIEWING THE FINDINGS OF FACT FROM THE PLANNING AND ZONING COMMISSION . Mary Camp ell , 38 5 South Lincoln , asked what would happen if the new Council comes in with no decision having been made . She said hat he citizens in he area just want to be left as they are with the old R-2 -A zoning . She asked why Council cannot reinstate the old R-2 -A zoning in order to comply wi h the wishes of the citizens . She also stated that they should consider putting the decision u to vo e of the p o le th t would be affec ed . Councilman Sovern stated that it is the intent of the Council and the Planning and Zoning Commission to upgrade th 1 vel of he new housing tha could b built in the City . Councilman Jon oin ed ou ha he City i con- s r ined by court decisions s o wha i can o in r lation- hi to r zonin • 1 - i o a c of h roll, th Ay Co n 1l Jo ov r , n , l r T ylor. y : • • November 17 , 1975 Page 10 • I • - Absen : o ncil Member Blessing . The May o r eclared the motion carried . * * * * * * Mayor Taylor called a recess at 9 :15 p .m. The Council meeting reconvened at 9 :30 .m. Upon a c a ll of the roll , the following were present : Council Members Jones , Sove r n , Mann , Brown , Clayton and M yor Taylor . Absent : Council Mem er Bless ing . The Mayor eclared a quorum pr sent . • • • • • • Comrnurications -to Action Recommended on the agend were acce te withou comment : (a) Minute of he Elec ion Commission mee ins of Novern r 6 , 1975 . (b) Min t Of he Board of Adjustment and Appe 1 .. of Octo er 8 , 1975 . (c) Recov ry of Ener y Was ( ) • • • • • • ( • • 0 - Novembe r 17 , 1975 Page 11 Ayes : Council Members Jones , Sovern , Mann , Brown , Clayton , Taylor . Nays : None . Absent: Council Member Blessing . The Mayor declared the motion carried . • • • • • * David Batchelor, 7101 South Webster , Littleton , presented a letter from the Englewood Centennial-Bicente nnial Commit ee outlining a request to change Resolution No . 44 , Series of 1975 , in order o conform to the new direction and project as approved by he Cent nnial -Bicentennial Committee . He outlined seven points : K nn 1 . The Committee is o undertake a fund -raising campaign to raise $100 ,000 toward construction of a recreational center for the elderly . 2 . Ci y Council woul ap rove sing City fun s for he remainder of construction costs estimated to b an additional $500 ,000 . 3 . Contribution r c ived from the community may e designa~ d as living m morials . 4 . Contri ion r ceiv d may pl ed and ya le ov r a thre -year perio • 5 . 6 . All funds re urn d e bu11 • 7 . The or , lus ccr onor hould • not ' • • • November 17, 1975 Page 12 • 0 - SENTENCE SHALL READ , "PORTIONS OF THE CENTER MAY BE OPEN FOR MEMORIALIZATION BY INDIVIDUALS OR BUSINESSES THAT MAY WISH TO DONATE IN EXCESS OF $50 ,000 ."; PARAGRAPH 6 SHOULD READ , "A LL FUNDS DONATED PLUS ACCRUED INTEREST , LESS EXPENSES INCURRED FOR THE FUND RAISING CAMPAIGN , WILL BE PROPORTIONATELY RETURNED TO THE DONOR SHOULD THE CENTER NOT BE BUILT ." COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO AMEND ITEM 4 BY ADDING THAT THE AUDITOR FOR THE CITY OF ENGLEWOOD WILL PERIODICALLY AUDIT THE FUNDS IN THE ACCOUNT . Assistant City Manager Nollenberger stated that this would automatically be done by the auditor during his audit of the City . Councilman Mann and Councilman Clayton removed their motion and second . COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO AME D BY CHANGING PARAGRAPH 7 TO PARAGRAPH 8 AND ADDING A NEW PARAGRAPH 7 TO READ AS FOLLOWS: "THE FU DS ARE TO BE GIVEN TO THE CITY OF E OLE OOD AS A GIFT FROM THE CITI - ZEN A D THAT THE FUND BE USED FOR A RECREATIONAL CENTER FOR THE SE!HOR CITIZENS OF El GLEWOOD ." U on a c 11 of th roll , the vote on the amendment res l e as follows: Aye .. : Council em r Jones , Sovern , Mann , Brown, C ay or , Taylor . y : on • At en Co nci mb r Bless1n . c th motion carr1 c1l 1 r.o • • November 17 , 1975 Page 13 • 0 • Councilman Mann stated that the City Council should not eliminate any possible options which are avail- able . Mr . Batchelor stated that , in his opinion , if $100 ,000 is not raised the Committee and the Council can then negotiate , as to the disposition of the project . In answer to Councilman Mann 's question , Mr . Batchelor stated that i f unde r $100 ,000 is raised the funds would still be given to the City . Councilman Sovern stated that the City has budgeted $500 ,000 for this project . Even if the $100 ,000 is not raised by the Committee , the project would not be that far off finan- cially from the needed money goal . Upon a call of th roll , the vote on the motion as amended resulted as follows : Ayes : Council Members Jones , Sovern , Mann , Brown , Cl y on , Taylor . Nay : None . Absent: Council Member Ble sing . The Mayor declar d h mo ion carr1e • • • • • • COUNCILMAN JONE ION TO REFER TO THE PARK Aye : ylor. 0 J n s , S v rn, • • • • n, rown, • • November 17 , 1975 Page l<l • • Ayes : Council Members Jones , Sovern , Mann , Brown , Clayton , Taylor . ays : iJone . Absent: Co ncil Member Blessing . The Mayor declared the motion carried . • • * • * • City Attorney Berardini gave a shor t background of the American Meta Climax -Dravo Corporation court case . He recomrnen e tha he City Council accept the of fer by Amax to settle for $8 ,355 .88 and that the Ci y insure that it be held harmless from a y future litigatiun in this matter . COU CILMAN BROWN MOVED A D COUNCILMA!l MAlrn SC.COi OED A MOTIO! TO ACCEPT THE RECOMME DATIO TO ACCEPT SETTLEMENT Ii~ THE AMERICA METAL CLIMAX -DRAVO CORPORATIOtl SUIT FOR $86 ,355 .88 AtD THAT IT INSURE THAT H CITY Bl:: HELD HARMLE S FROM A Y FUTURE LITIGATION IN THI MATT~R . U on c 11 of the roll, th vo e r s l ed fo Ayes: Co ncil Mem rs Jone ' Sovern , M nn , Brown , c yton , • ay or . ' y n . A n·. ........ .... 1 M m r red th motion c rr1e . • • • • • J A t: .. , • - November 17 , 1975 Page 15 • 0 • RESOLUTION NO . 57 , SERIES OF 1975 A RESOLUTION ESTABLISHING A REVISED SCHEDULE FOR FLAT WATER RATE SERVICE . COUNCILMAN BROWN MOVED AND COUNCILMA!~ JONES SECO DED A MOTION TO APPROVE RESOLUTION HO . 57 , SERIES OF 1975 . Councilman Mann stated that he is against this resolution and the next one , and he further stated that in order for him to be for this the City must improve its water service and pressure in the southern area of the City , par- ticularly in the Fox , Huron , and Chenango area . Councilman Sovern ~tated that this item was con- sidered at the previous Council meeting and that an mend - ment was introduced and passed relating to s andby require- ments . He asked that this be dropped from the r esolution . Councilman Clayton , who had seconded he amendment at the previous m eting, agreed. follow T ylor . A U on a call of he roll , the vot resulted as Ay s: Counci Mem ers Jones , Sovern , Brown , Clayton , ays: Council M m er Mann . A sent: Council Mm r Bl s in • Th M yor eclar mo ion carried . • • • Dir ctor rri d o of • • • • • November 17 , 1975 Page 16 • 0 • and ninety percent to be not metered . should give the ten per cent presently opportunity to d ermine whether they ra tes . He said that the City on mete r ed rates the want meters or flat Councilman Clayton said he shares his concern for the required meters in ten percent of the residences . Upon a call of the roll , the v o t e res u lted as f ollows : Ayes : Council Members Jon es , Sovern , Brown , Clay on , Taylo r . kee for lays : Council Member Mann . Absent : Council Me mber Bl ssing . The Mayor clared the motion carried . * • • * • * Councilman Clay on tate • * * * * * I :TRODU ED A ILL BY cou; CILMA,' 01 E • , BILL • • - ( • • November 17 , 1975 Page 17 Ayes : Council Members Jone , Sovern , Mann , Brown , Clayton , Taylor . Nays : None . Absent : Council Memb r Blessin • The Mayor eclar d the motion carried . • • • • • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN , A BILL FOR AN ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY , STATE OF COLORA 0 , FROM R-2-B RESIDENCE DISTRICT TO R-2 MEDIUM DE!SITY RESIDENCE DI - TRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY . COUNCILMAN SOVER MOVED AND COUNCILMAN JO!ES SECO DE A MOTION TO APPROVE A BILL FOR A ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHI THE CITY OF EHGLEWOOD , ARAPAHOE COUNTY , STATE OF COLORADO , FROM R-2-B RESIDENCE DI - TRICT TO R-2 MEDIUM DENSITY RESIDENCE DI TRI T AND AMENDIIG THE OFFICIAL CITY ZONING MAP ACCORDINGLY, AND SETTIN A PUBLIC HEARING FOR DECEMBER 16 , 1975 . Upon a call of he rol , he voe r sul ed as follows: Aye : Council M rs Jon s , Sovern , M nn , Brown , Clay on , Taylor . ys: ton . A en Council r in .• The M yor clar 1on c rr1 I I • I '•'T UCED S A ILL BY CLAY ILL • • .. 0 • November 17 , 1975 Page 18 COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ElmLE - WOOD, ARAPAHOE COU TY , STATE OF COLORADO , FROM R-3-A MULTI -FAMILY RE IDENCE DISTRICT TO R-3 HIGH Dl:. SITY RESIDENCE DISTRICT Al<D AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY AND SETTING A PUBLIC HEARING FOR DECEMBER 16 , 1975 . Upon a call of the ro 1 , th vote resulted as follows : Ayes : Council Members Jones , Sover n , Mann , Br own , Clayton , Taylor . Nays : Jone . A s nt: Co ncil Member Blessing . The Mayor declared the motion carried . • • • • • • II TRODUCE AS A BILL BY COUtlCILMAI BROWN , A BILL FOR A ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITH l THE CITY OF ENGLE OOD , ARAPAHOE COUNT Y, ST ATE OF COLORADO , FROM R-3-B MULTI -FAMILY RESIDENCE DISTRICT TO R-3 HIGH DENSITY RE'IDElC!:. DI TRICT AND AME DIG THE OFFICIAL CITY ZONING MAP ACCORDI LY . COUNCII1'1A Co nc1 M Jon Sov rn, M nn, C ton , C ncil ot1o c rr1 d . • • I • - • ( • • November 17 , 1975 Page 19 City Attorney Berardini stated that the last time to consider R-1 -C rezoning of the Oxford-Kenyon -Lincoln- Sherman area is drawing close for this Council . He stated that at the end of the year all bills which have been intro- duced will have to be reintroduced by the new Council , so if this Council wants to act on this rezoning request they must introduce a bill on December 1st and have a public hearing so that it can be acted upon before December 31st . If the Council introduces ac ion on December 1st , publication could be made in the December 3rd newspaper . Since fifteen days notice is required , the earliest that final action can be taken would be December 18th . Therefore , if final action is desired by this Council a special session would be needed subs quen to this date . City Attorney Berardini asked for dir ction on this subject . Councilman Clay on asked that City Attorney Berardini hav a bill for an ordinance drawn up for he n xt Council meet- ing . COUNCILMAN SOVERt MOVED A COU CIIJ.IAN MAN SECONDED A MOTION TO REQUEST THE PLA!WING AND ZONING COMMISSION TO I~STIGATE R-2 ZONING I SOE FORM FOR THE AREA IN QUESTIOt (OXFORD -KENYON -LINCOLN-SHERMAN). Pl on iv for Councilman Sovern ex lained nd Zonin Commission to give ar icular area . ha he would like the he Council dir ction a d that he likes his alt rna- i o n. •. ' • • I ovember 17 , 1975 Page 20 • 0 • I • Assista1t City Manag er No llenberger stated that Panchos is in the process of sale and has not been open for a couple of months . Councilman Clayton questioned the many calls at the Studio Lounge . Councilman Mann stated that Council should not penalize a liq or out le t because they have a high n mber of calls . Upon a call of the roll , the vote resulted as fo lows : Ayes : Co ncil Members Jones , So vern , Mann , Brown , Clayton , Taylor . lays : None . Ab ent : Co ncil Member Blessing . The ~ayor ec are th motion carri • • • • • • cou CILMAI c Vt. I MOVED A D cour c lLi I JO. ES SECOt L A MOTlOl TO APPROVJ:; THE. j ., BEER LlCENSt: RD, L FOR SA FEW Y STORE LOCATED AT l 5 E J riAM DEi AVEtUJ:;. Upon a c 11 of the ro 1 , th fo o ws: Ay Sov r • M nn , Brown , C yt.01 , Tay ,r . • j< ' n . r B sa1 rr • Jo n , r o , • • ( • November 17 , 1975 Page 21 • 0 - INTR ODUCED AS A BILL BY COUtCILMAN CLAYTON , BY AUTHORITY ORDINANCE NO . 43 SERIES OF 197 5 AN ORDINAi CE AMENDING CHAPTER 4 , TITLE 15 , OF THE 1969 ENGLE - WOOD MUIHCIPAL CODE BY REVISING THE SCHEDULE OF RATE AND CHARGES FOR SA 1HTARY SEWER SERVICE . COUNCILMAN CLAYTON MOVED AND COUNCIL:MN BROW1~ SECOI DED A MOTION TO APPROVE ORDII ANCE NO . 43 . Upon a call of the roll , the vote resulted as follows: Ay s: Council Mem ers Jones , Sovern , Mann , Brown , Clayton , Taylor . Nays: None . A s e n Counci Me ber Blessing . 'l'he Mayor eclared the mo<;ion carried . • • • • • • INTR OD UCED AS A BILL BY COUI GILMAN CLAYTON , BY AUTHORITY E.D v 10 ro lo Cl y on , A ORDINA CE W . SERIES P 1975 RE EALill I D R£-t. AC ING SECTIOI S THROUGH , 11 , OF TH~ 96 9 :GMt.WO O MUtICI- OG . CO U 'ClLHA CLA¥TO .' OTI O TO APP OP th Ch in 1 1- c 1 o r tt r 1, t Ay a : Co I Cil M J o r ' ·o rn, r o T y or . • - November 17, 1975 Page 22 Jays : None . I• - Absent: Council Member Blessing . The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN , A BILL FOR All ORDillA! CE APPROVING THE AGREEMENT BETWEEN THE CIT Y AND COUNTY OF DENVER AND THE CITY OF ENGLE WOOD , COLORADO , AUTHORIZ - ING THE CITY OF DE!lVER TO MAKE A SANIT ARY SE WER LINE CONNEC - Tiotl AT SOUTH Uf IVERSITY BOULEVARD AND EAST FLOYD AVENUE WITHIN THE CITY OF ENGLEWOOD , AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF ENGLE - WOOD . COUNCILMA!l SOVERJ MOVED AND COUI CILMAIJ CLAYTON ECOt DED A MOTIOI TO APPROVE A BILL FOR AN ORDINANCE APPROV - IllG Al AGREEMENT BETWEEN THE CITY AND COUNTY OF DEINER AND THE CITY OF ENGLEWOOD , COLORADO , AUTHORIZillG THE CITY OF DElVER TO MAKE A SANITARY SEWER LINE CONNECTION AT SOUTH UNIVERSITY BOULEVARD AND EAST FLOYD AVE UE WITHIN THE CITY OF IJGLEWOOD , AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE SAME OJ BEHALF OF THE CITY OF El' GLEWOOD . ( Jlovember 17 , 1975 Page 23 • • Councilman Sovern commented on the relocation of the bus stop from Wyatt 's Cafeteria to the Shamrock Mall . He said that it was his understanding that the entire bus stop was to be relocated to the Shamrock Mall , and that here would no longer be any layovers at Wyatt 's Cafeteria stop . As it exists now , there is a tremendous safe y problem at that area , and he heard there was another pedestrian/auto accide nt at that location . He asked hat he accident records at the Wyatt 's Cafeteria bus stop be investigated and re orted ack to Council . A len thy discussi on ensu d rcla ing o h reloca- ion of the bus stop . RESOLUTIO NO . 59 , ERIE OF 1975 , A RESOLUTIOt RECOMMEND!! G TO THE REGIONAL TRA PORTATIO! DISTRICT THAT THE LOCATIOll FOR A BUS TERMI? AL BE LOCATED ADJACE!lT TO HE SHAMROCK MALL , I? DERELLA CITY . COUI CIL<!Al OVER: uVED Al OU! ILMttl BROWN SECONDED A M ION APPRO RE OLUTIO! ERIES OF 1975 . Upon a call of he roll, the vot a follows: Ay Co nc1 M m ers Jones , ov rn , Mann , Brown , Clay on , T ylor . y Of••-. t: Co c1 B rr1 • • • y • • • • November 17 , 1975 Page 24 • 0 • COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PROCEED WITH COLLECTION OF THE BILL FROM THE VALLEY WATER DISTRIC'l'. Upon a call of the roll, the vote resulted as follows : Ayes : Co ncil Members Jones , Sovern , Clayton , Taylor . ays : Council Members Mann , Brown . Absen Council Member Blessing . Tlie Mayor declared the motion carried . * • * * • * City A torney Berar ini indicated that he had been aske by the Englewood Centennial-Bicentennial Committee to handle some legal matters regar ing their incorporation , an he aske for Co ncil 's permission to do this . COUN ILMAt CLAYTON MOVED AND COUNCILMAN JONES SECOHDED A MOTIO TO RE UEST THE CITY ATTORNEY TO HANDLE LEGAL MATTERS PERTAINING TO THE I CORPORATION OF THE E GLE - OOD CE TENNIAL-BICENTE!tIAL COMMITTEE . Upon ca 1 of the ro 1 , ne vote res lted as follow : Ay s: Council Mem er Jones , Sover , nn , Brown , Clay on , Tay or . .. y r . n•. ... Co nci r in c c rr1 • • 75 , • ( - November 17 , 1975 Page 25 In answer to Councilman Mann 's question , City Manager Mccown stated that this involved one position which will be in the library . Upon a call of the roll , the vote resulted as follows : Ayes : Co un c i l Mem ers Jones , Sovern , Mann , Brown , Clay on , Taylor . Nays : Non . A sent : Council Member Blessing . The Mayor eclared th motion carried . * * * * * * RESOLUTIO 0 . 61 , SERIES OF 1975 , A RESOLUTION APPROPRIATING FUtDS IN THE GE ERAL FUND FOR PUR - CHASE OF LEAF BAGS . COUNCILMAN BROW MOVED AND COUNCILMA OVERN SECONDED A MOTION TO APPROVE RESOLUTION NO . 61 , SERIES OF 1975 . Upon a call of th roll , the vote resulted as fo lows: Ayes: Co ncil Mem r Jone , Sovern , Mann , Brown , Clay on , Taylor . ay A n •. .. . nc1 Bl 1n Tu y o r • • • • • - November 17 , 1975 Page 26 .. • (• Ayes: Council Members Jones , Sovern , Mann , Brown , Clay on , Taylor . tays : None . Absent : Council Member Blessing . The Mayor declared the motion carried . • • • • • • Councilman Sovern a ked if the City Attorney 's office co ld be used to roce s fire code violations . Council saw no rea ons why this co ld no b one . • • • • • • Councilman Brown as ed hat the City do something to cl an u and freshen up the south side of City Hall . He sai that other areas around the Ci y Hall look extremely nice, bu his area looks rather shabby . He asked that some - hin e done to pick u rash and to paint those areas need- in i • • • • • • Councilman Clayton as e hat th minutes reflect h Co ncil n Bl ssing ' a sence is caused y illne • • • • • • yor Jo rn th City Co ncil e in a rk •. • , ( • - COUI CIL CHAMBERS CITY OF ENGLEWOOD , COLORADO llovember 20 , 1975 b SPECIAL MEETING: The City Council of the City of Englewood , Arapahoe County , Colorado , met in special session on ovember 20 , 1975 at 7 :18 p .m. Mayor Taylor , presiding , called the meeting o order . The invocation was given by Councilman Howard brown . Mayor Taylor ask for roll call . Upon he call of h r o 1, the followin were resent: Cu ncil em er Jone , Sovern , Brown , Clayton , ar ay o r Taylor . A en Council M m er B essi an Man • Tne Mayor eclar a q orum resen . • • • • • • OU CILMAN OVERt MOVED AD COUJCILMAl JO E SECO!DED A OTIO • TO ALL THE SPECIAL MEET! G TO ORDER . Upo a call of h r o h vote r s 1 ed as follows: Ay o ur c11 M m rs Jones, ov r • r o wr, Clayto1 T yl o r. y n ~ lnC 1 B ir " c d • • • ' • - November 20 , 1975 Page 2 • • • I• election to b held on December 23 , 1975 . The G.O. bond is ue would be in the amount of $2 ,225 ,000 and the sale of these bon s wi 1 be contingent upon the approval of the e ectorate . COUNCILMAN SOVC.RN MOVED AND COUNCILMAH BROWN SECO!IDED A MOTION TO WITHDRAW THE REVENUE BOND ISSUI::. FROM THE MARKET . Upon a call of the roll , the vote resulted as follows : Ayes : Council Mem rs Jones , Sovern , Brown , Clayton , Taylor . Nays : None. Abs nt : Co ncil Members Blessing n Mann . The Mayor declare the motion carried . I I I I I I Mayor Taylor dJourned them eting at 7:3 .m . - • • - ( • • COUHCIL CHAMBER CITY OF EIJGLEWOOD , COLORADO llovember 20 , 1975 b SPECIAL MEETING : The City Council of the City of ~nglewood , Arapahoe County , Colorado , met in special ession on ovem er 20 , 1975 at 7 :18 p .m. Mayor Tay or , presiding , called the mee ing o ord r . The invocation was given by Councilman Howar brown . Mayor Taylor ask d for roll call . U on the call 01 the roll , the following were present : Co ncil Mem ers Jones , Sovern , Brown , Clayton , an Mayor Taylor. Absent: Council Member~ Blessing and Mann . The Mayor c are a q orum pr sent . • • • • • • COUNCILMAN SOVERN MOVED AND COUHCILMAI JONE SECOIWED A MOTIO TO CALL THE SPECIAL MEETI G TO ORDER . U on a call of he roll , the vo e r s 1 follows: Ay o nci on • , ~ >v r , Br wn , Claytor n T yl o r. <on A n M 11 T h c rr1 • • • • ' • • - November 20 , 1975 Page 2 • 0 • election to be held on December 23 , 1975 . The G.O. bond issue would be in the amount of $2 ,225 ,000 and the sale of these bonds will be contingent upon the approval of the electorate .· COUNCILMAN SOVcRN MOVED AND COUNCILMAN BROWN S CONDED A MOTION TO WITHDRAW THE REVENUE BOND ISSUE FROM THE MARKET . Upon a call of the roll , the vote resulted as follows : Ayes: Council Members Jones , Sovern , Brown , Clayton , Taylor . Nays: None . Absent : Council Members Blessing and Mann. The Mayor declared the motion carried . • • • • • • Mayor Taylor adjourned the meeting at 7:36 p .m. Ci y Clerk / ' • • , • -• . • • ROLL CALL ~~ I °' ./ "'JS3 Moved Second ed Aye Nay Ab stain Absent Jones ---So ve r n ,,..- Mann --Blessi= _.- Br own ---Clavton >< N'.ayor Tll vlor t7'- r ..... ,. '\ '~ ..-, ~--...Jr .. 2: f: ......... " { ,( C v"-n • • • • . • I• • ROLL CALL Moved Seconded Aye !lay Abstain Absent Jones .,, '< Sovern ,/ v '!.ann ..,,, Ble sing ,/ Broy;r I"' l'lvton y- 1hwvr Tavlor v • • -• • • ROLL CALL Moved Seconcjed Aye !lay Jones / ""' Sovern ./ ~!.ann 7 •nesslru! ,/ -"-Brown i./ Clav ton ~~yor Tavlor ,/ t,.. ~µ·1<-":;i ( ~~ /Cr~!~ 1.~ 4 -"' " .::, . ~.«J.>-!.."""''- if-.r,,v£ l,.u.,u M<l.,, ~, /'~/:s •, v~I f· µ· JI "ttf: ~ a , I ,, ( . • . Abstain Absent ,V' • • I - - • ROLL CALL Moved Secon<jed , - f Jones ::;o ve rn UAnn Bl ess]Jii! Brown Clavton Mave r Ta vlor / ~, ~ ,_. r .... pr.~ ('UAA ,,{ ,_ , c. - 1 ) Ay e • I• • Nay Abstain Absent ' • • , -• • ·, • RO U. CALL Moved Seconcjed Aye Jones Sovern 'l!lnn Blessing Brown Clavton Mayor Tavlor r f <.)11.» -1.J -~7 to ~I t4 I l/_} I ,,.,., , I 7 tlay Abstain Absent ,,_ • • , • -•. • • ROU. CALL Moved Secon4 ed Aye tlay Abstain Absent lor • • • -•. • I• • ROLL CALL J,rr~;-.. ,... :.,...l 'CL"'~ ,,d9 II'.~ I f.,.U.-U-L-.<_ -f c.,J .,,. (µ_ w!~ { ; •p( Uoved Secon4ed ' Aye tla.y Abst ain Absent --L Jones ./ - Sovern </ ~.~nn ./ ~__.... Bless1ng ./ Brown ,,,, Clay ton -x-' Mayor Tavlor .r 4~ --,( j .,.~ ~ ?c...t r ,. (, a~ 1 I / -64. ......... -~ /;; d <U " ,( f (. jo ~''~""..,, , /'i--'c<. ~,~ .,,. f.,u .z. I • • • -• • ROLL CALL Abstain • • • -•. • • .. ROU CALL Mewe d Secono ed Aye •la;r Abstain Absent Jones / >< Sovern ,/ """" Uann ,/ !l l.e~s ir.g v' Brown ,/ .... Clayton ~ IV'.ayor Tav l or ,/ ' • • , . ' • t• ·. • ROLL CALL Moved Secon4e d Aye !lay 1 A Absta n bsent ;c..-J one s .,,, So vern v Mann v !:Hessl.nP v ~ Brown ./ Cl a yton K Ma.vor Tavlor v .. • • • • -• . • I • • ROLL CALL /-I - Mo~Pd Second d e Aye Nay Abstain Absent ..,,, Jones ~·1ern v 1 :tnn !j.i..E>;.sir.g Brovm I Clavton I ::.a1v~ Tavlor / f /1 ~ '-" '. . . £() I 41 /A_L<.,( I I /'1 ( ~ti. 1 ~IL .... /.. ~ / /, l k '" -~ / 7-<I I • • - • • !oved . , ... Secon4ed LA - , • • - ROLL CALL Ay e Jones I Jay Abstain Absent ~v e rn :;.ann BJ.ess:u~ _oi·own Clayton :l'.ayor Ta_yl or ,_ I .. • • • -• . • - .. ROLL CALL .ioved Secon4ed e l•a:.• Abstain Absent J ones Sov er n l/.ann 'ile<is i ng Br own Cl a vton Ma,yo r Tavlor .. (' "" I r l I v , , I I • • • • . . • c~ • ROLL CALL /~ ~ IP1; r ~ ~Pl lt.u ~ t !Aoved Seconded Aye Nay Abstain Absent Jones .,;' ">< "iOvern ./ t:R.nn "" laessinP. v ---Brown 7 Clavton .\7 t!.ay->r Tav l or ti' ' • -•. •• • ROLL CALL Moved Secon!j ed Aye ~lay Abstain Absent J ones ,,,, r'r ~v ern v x-';;inn --!Hea:>lnp v Brown v I Clayton v I Mayo r Tavlor v • • • -• I • • - ROLL CALL + {2 f-L Moved Seconded /cy1t Nay Abstain Absen t Jones v So•1ern .><. !.\ann Bli>;;s1ng I Brown I Clavton .x Ma~·or Tavlor " ~ /f ~ ~ 1~ ~ 4r (!e.,, '!;> It; , [~ )./ Ir tU Iv.. ~L ~ • - ~~~~~~~~~~~~~-c.~~~~~~~~~~~~~~~~~~~~~~~~~~~--..c--~~ .. . . (~ • .. ROLL CALL f"). /1-1-.,,,.~~ ;L.. 4t-~~ 6-1-~~~ ~ fft ~ ~.,,,&~ lztr!) . Moved Seconded Aye tla.v Abstain Ab s e nt i1'" Jones sovern 'lann ~ Blessl.ng =owr Clavton )< • !.!a:.·or Tavlor I • • 0 I • -• •• • ROLL CALL Moved Secon~ed A..ve 'lay Ab stain Absent Jones / x ,.overn ,,,..,. ,~ ..-.::: ""~nn / ' .e'>Slng / l:lrown / C'lavton -?.!ayer Tavlor / • • -• . •• • • ·. • ROLL CALL Moved Seconded Aye Nay Abstain Absent vern ---- lor ' /~- /;~- '1~1 e,;1"""'1 ""' I 1-I ,. ,. l ~ " .. t I ~ l.:;l ,6-.. -fut I ./'f I /' I ~ -, "'~ .~~ L. µ "'.-./ ""-4 • • -• ' • ROLL CALL /~/L-L Moved Seconded Aye Nay Abstain Absent Jones / .sovern i/ Mann "" ><. Blessing v ,..>< Brown v Clavton v Mayor Tavlor v ' ~4-/J!A..-f~ s Ci ~ ~-'-/-~ 3 -..... r; r // ~ 4""' --r ~ v-<--U.- ~,t) v £1.c.-·J~W ~ 1 (~ ";} 11'' #-~ • I :'\..__ '/..£: , ./'('h.-.. _ {.; w rl-- ..._ .. ,.,.,_ <-- ,, . ./ - • • • • •• I • • (. ROLL CALL p, /l l- Moved Secon4ed Aye 'lay Abst ain Absent Jone s ---Sove r n ....---Mann Flless irur Brovm Clavton X'.' Mayor Ta vlor • • • -•. • ·, • .. ROLL CALL Moved SeconQ.ed Aye !lay Abstain Absen t Jone s """' .sovern Mann ~ !Hessing Brown Clavton ,).--- N'.ayer Tavlor I ' ?· (. ) 1f75 • • • • • -• •• • ROLL CALL Moved Secon4ed Aye tJay Abstain Absent Jones .>< 00vern ·lB nn Iaessing x Brown Clayton rMyo r Tavlor ' • - • I• • - = ROLL CALL I :µ 'r... tU.tA ,. •• ,-t,,. i.- s...... w ft~ &°t Joved Seconded ay s a n sent Jones y '--Sovern v Mann ...... ~ Blessirur "" Brown v Clavton v Maver Tavlor "" 7 r l )L~.1.1-~~ &-~ G. .•.. 7 ....... I JI tl.4~ .f.t,u<,L. I ~ "-'I'',/:.// t, - • • , • . ' -•. • • t• • ROLL CALL con e /cye Nay Abstain Absent )('" Jones x Sovern M<inn Bie~s ln" Brown I Clavton I V.ayor Tavlor }<' • • , • -• . . 0 • R U. ALL ' Vl'd Secon4ed Aye .lay Abstain Absent Jones ~iOvern •.i'!.nn 1n.e ... sliuz Brown Clavton ~ I Y'.ayor Tavlor I .. /.J"-<J . I J J rt-{J) I ~ f ' " ~14., I ~"./ I 41 ~ 'r.Jf ~ I I I# . t:. • • a ~ 6:) ) • -• • ·. • ROLL CALL .!o..,ed Secon~ed Ay e Nay Abstain Absent Jones Sovern Mann Blessing Brown Clavton 'IV!ayor Tavlor /~-~ • • , - J< \/" [ 1'1 v C:. I' I ' - • • • t• • ROLL CALL Jones Sovern ?.:ann tile., sing Browr Clavton Mayor Tavlor 1,,u ~I I< {v,~{ ~ " /. 1 ~ { ~· 7 -. ' .... •tl.4< ... :/ I I I '"'"" /~ ; 6 . /. ~ -.,,....-.,,. .....-.,,, /. ....... ~ i "-'--~ ~~~"~( Nav Abstain -v I " i 1 (/- µ /..._ l ~~ . ~" I ( '~ .,.,~"'* .d~ ._ . ,.. c;_ I 7 • . dM-/U.1-1'1> ~ Absent y ' % J • • -• t• • ROLL CAL L s d A 1 .. ovcd econ ed Aye rlav bsta n sent Jones 1 Ab i><JVern ~nn 0.1.ess~ _orown Clayton r'lfl,Yo r Taylor ' • • • ~---------------- -• . •• • ROLL CALL f ~/ ;:;:r .,_r1_ ""~ <./~ b.st. ~ ,!,.__._ I ~ Moved Se co Aye Nay Absta in Ab sen~ ~ Jones ,,........ v !".t'lvern ...... v Mann .,.,,. / Blessl.ng ........ Brown ........ Clavton x Mayor Tavlor v ' • • • • -• t• • ROLL CALL Mo·1ed Seconqed 'lay Abs ain Absent or Ta lor ~~-,}<< ~ J._~.,l~i~...L ~~ ~~ • • • • -.. •• I• • ROLL CALL Moved Seconc1e d A..ve . Abstain Absent ~~ J ones -Sovern ..... Mann 7 Blessl::ng ->< Brown / -Clavton '>L r11B.vor Tavlor .,,, • • I • -•• - ROLL CALL 4f Moved Secon~ed Aye Nay Abstain Absent J o ne s ./ So ver n v ---Mann "" ~ IH es S irul: .,, I r Brown "" I Cl ayton ,,,,., I Ma:.•or Ta v lor " • • • • . •• • ™'"" ROLL CALL Moved Second ed Aye Nay Abst a i n Absent ~ Jones / y:" ' Sovern "' Mann / !Hesoing ,,. Brown ./ I Clavton >< Mayor Tavlor 1 ' • • , • .. -•. ,0 I• • ROLL CALL Moved Seconded Aye Nay Abst ain Absent ....__. Jones v ~ Sovern v Mann v Blessing ,/ Erown ...... Clavton V" Mayor Tavlor ,/ ~r,v(.,-0 /U[•,, ~ ~ ~-C) -vi-l ...... c...,..._ /;JI , 'I/ -',~ " , ~ ; f " I " • • • , -• • I~ • '· ROLL CALL {du,!/ ~£ <k ~ ~ 41,{~ ~~IDutM_~ Moved s(conded A..ve Nay Abstain ~- (J f t:. ' -.. . ' • Absent ' • • • -•• - ROLL CALL Moved s econded Aye ~. Jones Nay Abstain Absent oovern - MJ!.nrl BJ ess1 na 1 tlrown - Clavton "MiiVor Tavlor I ' • • • • . , - • ROLL CALL ~A(<'( ~~f&rlt:~ v-e~ 7 UA-(l ~.L.L~L ~ f0-. ~ Mo d S onii ~d -----( ve econ e Aye Nav Abstain Absen t """ Jones ::>overn Mann !llessiru? v Brown I I Clavton ..,,/ M:avor Tavlor ' • • - .. ~- Moved Seconded v 'i~ v . ~jl..»-(.,..~ 71 I (!.,.r-:,C- I v • • 0 t• • ' . ROLL CALL Ay e tlay Abstain Absent J ones So vern 1Karui Blessllig Br own Clavton /< I Ma yo r Tavlor I •• /, • • • - • • • . 0 I• • ROLL CALL Moved Seconded Aye tlay Abstain Jones vovern l'i!iIU1 1ae .. s1np: or own Clayton I I 1.'.a;or Taylor ~~~-A ~1~r ~ hl~fa /.,,. I r -J·l , . I • I ! /'~ •. Absent ' • • -•• • ---------- ROLL CALL Moved Secon4ed Av• l<a v Abs tain Absen t J o ne s Srivern l.!An."l B-cs c 1 ,,,, BrOW?1 Clavton '.l 'l'/· 'r T•••lor l o !' I 7 7 • • • -• . •• • ROLL CALL Moved Seco ~ d n e / I A..ve Nay Jone s Abstain Absent ,, - l I,..-Sovern ,,,. - \,,;; '"8.!Ul ., - Blessing ,,, - Brown " Clavton ..... r.11Avor Tavlor I/ -.. ~-~ ,{.~f-1 (~r.,( ; ~ I ,.,_ ·-~ I i, ~~ " "' ... ~""" (nt t.lt. '/You l{Hd/f ...;.<!.. rl ~ ~r • • . ' -• • ROU. CALL Mov ed Secon4ed Aye Nay Abstain Absent lor • • - Moved v- • •• • ROLL CALL /er~ 11 11-,e- ~ ~ Seconde~ Aye Nay Jones -Sovern ,,,.. y 1:.an...., --!:He :sina --m-own ----Clavton "'"YOr Tavlor - / Abstain Absent ...... ~:; f.Ut;tu,f ~ f&td (~~ r u I /, ,{,( 1.v/ ~ ~w..t. ~ l{~r n. 7.P(f.. Z-~. .. • • , - 1 b ---- • •• • . . ROLL CALL Moved Second e d Ye lav Abstain Ab s ent Jones ::.overn .• nn ·.L• sir.a Tlrowr Clavton ·".a.~ 'r '!'avlor l 1 -"' ~ tu.. L>-/{ ; 1 fl.__../ '/~J. VI i;U,.! L .1.~1..~../-h~(~ I. rJ.o ~~ ... I I .......... I ,,, ~r~" 1... (/? f4( J t hli •• :..; ~ .Jd c~ ~ 1 t1~" lo . , r ·r' .... .,,.c,,, {,_~ t -> t I. .. ,, -"'- • . • • -• , • I• • ROLL CALL ~1 I 17' /-. y; I ~ t l ZJj /Jc.&; ~~~~ &_ ~ ~ ~ /~H..- ~"~' lav Abstain Absent /(~f.ut.. -YJ<,1-Ulf /,<.Nd ~~~., "-,z.< ;97t . ' • • . ' -• • • -------- ROLL CALL 11 ,(• I .. { I,_., /_ ,,,~,(. .ioved A..ve ~!IV Abs e.in Absent ' v L • • , - J v ...... ~d l fl~ -/~";- , ,,JJ • ·-- • • •• •• ROLL CALL Aye Nay Ab stain -- u,uk-L £, ,,,L. *Jd , (, .,L,,,(.. I t/'(' .-<.. ~.__ (.. r , - <' le: /.' o.s- Ab sent ~ "- tw /~7 ~ ' ' ' • • • -• •• • ROLL CALL ved Seconded Na. Abs ain Ab sent \. !/.' t> s • • • - f November 24, 1975 Mayor James L. Taylor and Members of City Council City of Englewood Gentlemen: • • 6160 South Broadway Littleton, Colorado 80121 I• The Englewood Cent nnial-Bicentennial Ce>m11itte , in furtherance of its fund- raising ca111pa gn, requ sts additional support frOll th Englewood City Govern- ment in th following 111.&nn r: l. Permission to us th full Janu ry 1976 edition of the "Engl wood Citizen-;;-;; our official c ign brochure. 2. 1v:;c ss to nd use of City of Engl as u for th "Engl Ci iz n.• 3. P rm ssion to u th Ci yo 1534" bulk aailin9 penut for brochur • to prospec iv d nors. u Ung ll.st Cl SS gn cos • by u • • • • 0 • TAX COMMITTEE MEETING .3 A The Tax C011111ittee meeting was called to order on November 6, lg75, at 5:15 p.m . by Doug Sovern, Chairman. Members Present : Doug Sovern, Councilman Bob Brundage Jean Carlber Bob Currier Bill Howard Glen Waln Bill James, Director of Finance Members Absent: Vern Mann, Mayor Pro Tern Karl Nollenberger, Asst. City Manager The Chairman requested questions regarding the minutes of the previous meeting of October 23, lg75, There were no changes. The Chairman reviewed the priorities as presented in the October 23 meeting minutes. Glen Waln submitted his l i sting of prior- ities . The final listing is as follows, with the fund i ng amount requ i red for each . The lowest number of po i nts equal s the highe s t priority. Develop revenue sources for general op erat i ng fund so that revenue sha ri ng can be moved t o PIF . De vel op r evenu f or the ident ified posi ti on and proq r M cuts i n the 1976 budge t . De v lop reve nues fo r empl oy raises in 197 6. O velop revenu s for critical capitll 1t s d 1 ttd fr th 1q76 g neral op r1 1n fund . r, fir , y f 20 20 23 33 37 45 0 Funding Required $6 76,688 136 ,79l 161 .2 0 87,87 ? ? • • - • • • 0 t• • E NGLEWOOD PARKS & R E CREATlON COMMISSION Minutes of November 13, 1975 The r egular monthly meeting of the Englewood Parks & Recreation Commission wa s called to order at 7:30 p. m. by chairman, Ruth Allen, in the Parks & Recreation Office . Me mber s present: Howard, Allen, Cushing, Mann, Blessing, Hewitt, Poole and Roman s, ex officio Members abse nt: none Al so prese nt: J rry Royther , A s t. Dir. Parks & Recreation Georg Pear on, As t. Dir. Parks & Recreation Dian Hill, Leag of Worn n Voters Patricia ldon, Oklahoma City, Oklahoma E mily Bocko, 3845 S. Grant Jean Carlberg, 3865 S. Grant Marjori Becke r , 644 E . Yal Pl. Edward Piz, 290 • I luron Mrs. Robert Horton, 652 E . Amh r t Pl. Holly Horton, 652 E . Amherst Pl. Catherine Wake fi e ld , 3 100 S. lawar Th la t paragraph on Pag 2 of th Oct ber , l 975 minute w corr cted to r ad: nt ti v from th f Mr . I witt talked to Fi her. Pool mov d, II rd cond d, that th rr cted. M ti n rrL d. comm let r Mm rW l y, A Su riot nd n r. z rtm< n h d m ct with Mr Fi r ndh:v m in t t uJ1c num. pl n I• • ru r d. 1r. r rn u n t. ' • • • • • • - .0 - TAX COMMITTEE MEETING .3 A The Tax Corrrnittee meeting was called to order on November 6, 1975, at 5:15 p.m. by Doug Sovern, Chairman. Members Present: Doug Sovern, Councilman Bob Brundage Jean Carl berg Bob Currier Bill Howard Glen Waln Bill James, Director of Finance Members Absent: Vern Mann, Mayor Pro Tern Karl Hollenberger, Asst. City Manager The Chairman requested questions regarding the minutes of the previous meeting of October 23, 1975. There were no changes. The Chainnan reviewed the priorities as presented in the October 23 meeting minutes. Glen Waln suhlllitted his listing of prior- ities. The final listing is as follows, with the funding amount required for each. The lowest number of points equals the highest priority. Develop revenue sources for general operating fund so that revenue sharing can be moved to PIF. Develop revenue for th identified position and proqra cuts in t 1 budget. Develop revenues for in 1976. loy rats Develop revenues for critical capftal items deleted fr th 1Cl76 general oper 1ng fund . D v lop r v nue to 1111 e funds actu rfally sound. requir d annuall y for th y ars.) th nsfon ( t -nt n x th1rty 0 v lop r v nu s for critical n posftfons polfc , s rvic nt r, fir , par s, tc. Con in ncy fund • Point 20 20 23 33 37 0 Funding Required $676,688 136,79l 161,250 87,87 2f;Cl,953 ? ? • • 0 0 • Tax COl!lllittee Meeting November 6, 1975 Page 2 The Tax COl!lllfttee requested that the following fnfonnatfon be presented at .the next meetfng : 1 . Rental Property -What fs covered fn present ordinance 2. Pe r sonal Property Tax a . Amount collected by the state and how ft fs dfstrfbuted -does ft cover business inventory. b. Amount collected by the county and how ft fs dfstrfbuted -does ft cover busfn@ss inventory. c . Copy persona 1 property tax bfl ls. 3. MfnflllUlll Use Tax a . Consideration of a Mfnf""91 use tax on service oriented business. b. Amount . c. Ef f ec t on revenues . d. Ef f ec t on user s. 4 . Amuseme nt or Adln f s s fon Tax a. Effect on rev enu es. b. fffect on use r s. c. Impl nta fon date. S. Pases for N otfa t fons a. General dfscussfon of t Process that t Cfty foll s fn n otfatfnq btneffts tnd wag 1. T n t 1n9 of t Tax C fttee fs sc ul r 4, 1975, tt :lS p •• or •, ' • • • • • ENGLEWOOD PARKS & REC REA TlON COMMISSION Minutes of November 13, 1975 The regular monthly meeting of the Englewood ?arks & Recreation Commission was called to order at 7:30 p. m. by chairman, Ruth Allen, in the Parks & Recreation Office. rad : th"" Ch C th Mem bers present: Howard, Allen, Cushing, Mann, Blessing, Hewitt, Poole and Romans, ex officio Members absent: none Al so present: Jerry Royther, Asst. Dir. Parks & Recr ation George Pearson, Asst. Dir. Parks & Recreation Diane Hill, League of Women Voters Patricia Seldon, Oklahoma City, Oklahoma Emily Bocko, 3845 S. Grant Jean Carlberg, 3865 S. Grant Marjorie Becker, 644 E. Ya1 Pl. Edward Piz, 3290 . Huron Mrs. Robert I lorton, 652 E . Amh r s t Pl. Holly Horton, 652 E . Amherst Pl. Catherin Wakefield, 3100 S. lawar Th last parag raph on ?ag 2 of th October 9, 1975 minute wa corrected to ntatlv from th hool Di trict talked to jack Pi h r for hi f Mr . I witt talk to J c Fi her. M on rrled. of rd m rW 7 rtm n h d 1r Fi r n ud1t num. n r. n • . • • , • Parks & Re creation omm i ssion Minutes of Nove mber l 3, 1975 Page -2- • 0 • to be take n regarding Cushing Park pond. He sa id th e e ngineer had given costs as follows: (a) fencing north s ide of small pond -$275.; (b) filling both ponds to 3 feet water depth -$9, 160.; (c) filling both ponds t o 4 feet wate r depth -$7, 096.; (d) filling small pond t o 5 feet water depth -5, 571. The chairman introduce d those people attending th e meeting to speak relative to this situation. Mrs . Bocko said that a group of intere ted nglewood citizens had visited Cushing Park and wished to submit the following uggestion: that a double te rrace with suitable plantings on the north side of the west e nd of th pond con eructed and have this a memoriam co Jacob Kyle and Sherry Vandall. They feel chat th partial filling of the pond or the e recting of a fence would not solve proble ms but create more. Mrs. Horton and Mrs. Wakefield also said the y ho d th pond would not be fill d. Mr. Piz said he wa s concerned with Che co t of filling th pond and wond e r ed if th city would not hav material and equipment they we r e u s ing on paving, e t c . that could be u d which would greatly r educe the cost. Mrs . Alle n thank d th opl for omi n and for their tncere t. She aid c Commi ion would find it dHfi ult t o mak an r omm nJation a s co what action hould caken t thi s time uit gain c th Cit . Mr. nt mmitt h n oft nc1.:r rt to n J th .m nJ 1r. IJ II thl I nJ t R r t. rvt t r l n ; ti lt r I ti 11 trim " • • , - • 0 • Parks & Recreati:>n Commission Minutes of November 13, 1975 Page -3- t o have the State reimburse the City for the 300 feet right-of-way on each side of the river is now being pursued. There are six wells on the Public Service land that will be available for irrigation water for the golf course. The city is considering three ways to finance the project --(1) Revenue bonds (which would mean a change in the City Charter; (2) Building Authority (citizens group who would complete the project and then l ase it back to the city; (3) Public Improvement funds like the drainage project was financed. He also showed slides that were taken showi ng existing vegeta- tion, flowers, animal life, etc. in the Greenbelt area lying west of th river. Mr. Hewitt said the C>epartment would be receiving information within the next thirty to sixt day concerning a joint meeting of all groups in the area involved with adult activities--mbecs, South uburban, Arapah Community College, etc. After further discussion concerning th recommerx:lation requested from City Council on th problem at Cushing Park, H witt moved, Howard econded, that a memo forwarded to City Council reque tin that, inc there is a pending court suit on th drowning t u hin Park, th Comml r ommendatlon be delayed until thi uit i r olv d but that th privll of m kin a r commeoo tlon latlv to what v r action i tak n c nc min tltion r l tlv to t ndltion t Cu hin Par . Moti n c rr ed. dJ urned t 9:'35 p. m. •. • • -•• • POLICE PENSION BOARD MEET itlG November 20, 1975 The Police Pension Board meeting was called to order at 2:10 p.m. on November 20, 1975, in Conference Room A at City Hall. The following Board embers were present : Will ia m Jam es J. L. Leyd on Mayor James Taylor Also present wer e: Brad Place of RauschPr-Pier ce Secur ities Corp. Donald Mazanec of A. S. Hansen, Inc. Mr. Donald Mazan c of A. S. Hansen, Inc. was present to qive a sull'l!lary report of the "1 97 5 Study of the City of Englewood Police Pensio n Fund", an actuarial valuation of the fund as of January 1, 1975. The major points of this report were review d and discussion followed. Mayor Ta lor requested tti.t a joint study session be scheduled b en t Police Pension Board, City Council, and 14r . felt tti.t City Council should ware o indi gs of this repor . Board M r Ja swill co tac Ci y ~~naq r ndy cCo o sc dule sue a inq. Th tin s adjourned a 3:05 p. • . ; c • • • , -• • I• • FIRE PEtlSION BOP..RD ~1EETING ovember 20, 1975 The Fire Pension eoard meeting was called to order at 3:10 p.m . on November 20, 1975, in Conference Room A at City Hall. The following Board Members were present: Don Braunreiter Parland Bucholz 01 iver Gi seburt Clifford Selby ~ayor James Taylor William James Also present w re: Brad Place of Rause r-Pierce Securi ies Corp. Donald Mazan c of A. S. Hansen, Inc. Mr. Oonald lazanec o A. S. Hansen, Inc. was present to give a su ry r por of the "197 Study of the City of Enql od fire Pension fund", an ac uarial valua 1 n of he fund as of Januarv 1, 1Q7~. major poin so this repor w r r~v e d and discu sion follo d. djou rd a 4: • . } 0 • • , - ' • • • •• • EMPLOYEES RETIREMENT BOARD MEETING November 20, 1975 The Employees Retirement Board Meeting was called to order at 4:10 p.m. on November 20, 1975, in Conference Room A at City Hall. The following Board Members were present: Tom Fitzpatrick Warren Orr Kay Roberts Wes Wigham Wi 11 i am James Also present were: Brad Place of Rauscher-Pierce Securities Corp. Donald Mazanec of A. S. Hansen, Inc. Mr. Donald Mazanec of A. S. Hansen, Inc. was present to give a sumnary report of the "1975 Actuarial Study of Employees' Retirement Plan" for non-emergency employees of the City of Englewood, an actuarial valuation of the plan as of January 1, 1975. The major points of this report were reviewed and discussion followed. It was pointed out by Roard Member Ja111es that quarterly etings will be held in the future for the Employees Retir nt Poard. Agendas will e joi ntly prepared by ard M hers James and Roberts. he next meeting of th ployees Retir nt Poar d will be held at 3:30 p.m. on Dec er 3, 1975, in Conference Room A a Ci ty Ha 11 . Th ing s adjourned at 4:45 p.•. •. 3 E • • , • - • t• - Portion of Year to Date _ill__ DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES GENERAL FUND , Through October 31. 1975 % of Last Last Budgeted Current Year to Budget Year Year Revenue Month Date Collected to Date _%_ Taxes: Property Tax $ 646.819 $ 6.029 $ 589,871 91 $ 168.440 98 Specific Ownership 46,509 727 44,573 96 27,009 98 Sales Tax 3.149.333 324,801 2,703,225 86 2,744,380 85 Cigarette Tax 450,000 41, 192 390,309 87 392,849 84 Franchise Tax 367,835 73,796 335,798 91 302,250 90 Total $4,660,496 $446,545 $4,063,776 87 $3.634,928 86 Licenses and Permits: Business Licenses $ 59.800 $ 1,814 $ 45,279 76 $ 50,055 97 Building Licenses 29,000 3.239 54,241 187 50,792 88 Total $ 88,800 $ 5,053 $ 99,520 112 $ 100,847 92 Inter-Governmental Revenues : Federal Grants and Revenue Sharing $ 696,000 $168,191 $ 525,335 75 $ 18, 114 18 State Grants 3,045 3,045 100 8,900 68 State Shared Revenue 285,000 10,313 249,128 87 252,610 112 Arapahoe Bridge & Road 611500 601 887 99 55,855 98 I Total $1,045,545 $178,504 $ 838 .395 80 $ 335,479 73 Charqe for Se rv ices: G n ral Go e nt $ 135 ,000 $ 32.251 $ 102,830 76 $ 66,414 57 Public Safety 6,800 627 5,484 81 4,720 81 Htg y & St t 36,020 42 20,017 5 4,408 22 Anf l s 1t r 7,500 6,805 91 • 3 64 • School Ois rfct 1 10,000 10,000 100 1,840 1 Outdoor 1 Pool 19,078 15, 12 81 14,327 100 Indoor Swf Pool 23, 1 1 ,331 66 15, 77 Sports & s 25. 23, 147 91 12,946 76 Cul ur l ctfvf 24,32 22,343 92 18,488 87 Pl ground 87 4 47 2 93 • • oftball 13, 1 9 731 15,SOl 118 14, 19 54 • Zoo 2,40 3,214 134 3,819 100 Old Tf rs 13,500 12,70it 94 11,81 Library Contr cc 29,578 22 253 .11 24, 184 2! To al s 34 • 2 s s 27 • 4 7 s 7 • -•• ·, • Realization of Budgeted Revenues -General Fund Through October 31, 1975 Page 2 % of Last Last Budgeted Current Year to Budget Year Year Revenue Month Date Collected to Date _%_ Fines & Forfeitures: Court Fines $ 89,800 $ 6,416 $ 73,707 82 $ 61,936 84 Library Fines 1 1eoo 723 71087 ll §1368 84 Total $ 97,600 $ 7, 139 $ 80,794 83 $ 68,304 84 Mi see 11 aneous: Interest $ 43, 125 $ 12,693 $ 29,483 68 $ 49,057 62 Rentals 325 843 0 3,357 Gain on S.le of Assets 1 0 Other 481445 11034 271162 56 22 1802 60 Total $ 91,570 $ 14,052 $ 57,489 56 $ 75,216 33 Tota 1 Revenues 1613301836 16991587 15 1415 1523 86 14.414.752 82 • • • - . 0 I• • Portion of Year to Date ~ DEPARTMENT OF FINANCE • EXPENDITIJRES TO 1975 BUDGET GENERAL FUND Through October 31, 1975 Last Last Annual Current Year to Date S of Year Year Budget Ex~nditures Ex12end 1 tu re Budget to Date _s_ Legfslatfon I Councfl: Cf ty Councf 1 $ 67,833 $ 1,853 $ 62,050 91 $ 45,879 91 Board of Adjustment 3,000 223 2, 117 71 2,418 85 Career Servfce 8,044 183 4,977 62 3,788 88 ' Plannfng I Zoning 4,945 316 3,709 75 3,825 86 Lfbrary 2,360 21 1,314 56 2,034 85 Cfty Atto~ 87,550 7,070 70,328 80 64,695 84 Housing I Redevel . 11149 15 458 40 364 69 Sub-Total $ 174,881 $ 9,681 $ 144,953 83 $ 123,003 86 Managenent : Cfty Manager $ 100,655 $ 7,884 $ 82,385 82 $ 82,237 87 Personnel 521430 41200 431144 82 361226 88 Sub-Total $ 153,085 $ 12,084 $ 125,529 82 $ 118,463 87 Finance I Record: Adllfnfstratfon $ 74,912 $ 4,780 $ 55,988 75 $ 75,933 79 Nunfcfpal Court 77,447 5,481 58,637 76 59,441 62 Accountfng and Auto811ted Syste111 128, 171 7 ,292 1 ,360 83 91 ,280 65 I Revenue Divf s1on 105,660 8 , 169 8fli ,846 82 87,982 85 Purchasing 73,532 5,835 62,016 84 48,530 77 Ge eral 0 er. 1791342 81730 160!402 89 1441807 86 Su -Total $ 639, 64 $ 40,2 7 $ 530,249 83 $ 07,973 79 s 28,8 $ 22,931 80 163,7 ,94 59 83 ,499 02.110 73 191,9 9 177 ,312 2 10 I 32 a2 12oa l! 76 -Total $1 ,09 • $ 79 ,067 s 881, 9 0 1 • • • nt Sl,279,125 $102,0 $1,0 ,70 3 s 7 .701 81 • - 0 I• • Expenditures to 1975 Budget -General Fund Through October 31. 1975 Page 2 Last Last Annual Current Year to Date S of Year Year Budget Ex~enditures Ex~enditure Budget to Date _s_ Pol ice: Police Dept. $1.500.346 $123.185 $1.223.365 82 Sl .073.784 83 C01111Un1c1tfons 217.643 131126 179.908 83 1531644 82 Sub-Total $1.717.989 $136.311 $1.403.273 82 Sl.227.428 83 C~nity Develos-ent: Code Enf orce111ent $ 174,247 $ 13.036 $ 140,325 81 $ 102,222 74 Housing & Redevelop. 20,055 1.213 19, 112 95 16,296 80 Planning 110. 137 61816 901833 82 01 1031 83 Sub-Total $ 304.439 $ 21,065 $ 250,270 82 $ 200,355 78 Library $ 2E5,326 s 20,272 $ 187 ,290 71 $ 167,379 75 Parks & Recreation: Parks $ 518,328 $ 39,221 $ 435,996 84 s 568,897 93 Outdoor Swi11111ing Pool 38,936 182 36,124 93 22,754 98 Indoor Swi11111ing Pool 53.306 2.823 32,649 61 29,068 77 Sports and Ga11es 69,098 4,837 45,500 66 24,251 69 Cultural Activities 55.450 3.245 39,397 71 33,059 88 Playgrounds 30,307 31,478 104 13.416 98 Softball 20.120 15,253 76 18,929 100 Zoo 8,654 422 9,536 110 12,828 94 General Operations 88,314 6,907 69,815 79 59,004 82 Old T1 rs 221240 211586 97 181 l« ...!! Sub-Total $ 904,753 $ 57,637 $ 737,334 81 s 800,350 91 Total Expenditures 1615341348 1478,879 15 1 319 1 210 81 14,400,069 77 • • • -• ,0 • Portion of Year to Date ~ DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES WATER FUND Through October 31, 1975 % of Last Last Budgeted Current Year to Budget Year Year Revenue Month Date Collected to Date _s_ Water Sales $1,025,352 $132,599 $879, 1« 86 $894,004 86 Other : Connection Charges 30,000 2,971 29,556 99 74,035 104 Property Tax 855 98 Rentals 4,440 335 4,732 107 2,400 22 Interest 51,000 (2, 194) 5,362 11 131,532 128 Gaf n on Sale of Assets 50 0 Bond Proceeds 24, 190 24, 190 100 Miscellaneous 30,000 2,632 26,384 88 22,474 32 Sub-Total $ 139,630 $ 3,744 $ 90,274 65 $231,296 90 Tota 1 Revenues $111641982 11361343 $9691418 _fil_ 11.1251300 87 EXPENDITURES TO 1975 BUDGET I Last Last Annu1l Current Yen to D1te S of Year Yen Budget Ex2endftures Expenclf tures Budget to Date Source 1nd Supply $ 244,022 $ 4,795 $161,218 66 $1, 130,539 95 p r nd P1.111Pf 119,440 26,719 95,908 77 108,765 87 rt 1cat1o 119,63S ,8 106, 7 9 99,451 85 r n • & Oht. 163,417 12,7 5 162,255 99 114,4 5 Coll tf o 57, 7 10, 1' 44, 2 77 47 ,541 63 74 ,4 229,078 31 7,374 61 • • • To l Sl ,449,300 70, 78 $799,7 55 $1, .166 81 -- , • • Portion of Year to Date 83% DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES SEWER FUND Through October 31, 1975 % of Last Last Budgeted Current Year to Budget Year Year Revenue Month Date Collected to Date _%_ Disposal Service $ 5130,l}()O $30,015 $487,665 84 $470,218 90 Other : Connection Fees-Insfde 8,000 1 ,505 8,972 ll3 19,350 92 .. Connection Fees-Outside 150,000 762 108,872 73 130,773 91 Interest 45,000 24,545 54,607 121 2,385 Gain on Sale of Assets Inspection Charges 3,000 344 3,032 101 1 ,984 64 Miscellaneous 6,500 971 22,273 343 60,931 195 Sub-Total s 212,500 $28, 127 $197,756 93 $215,423 40 Federal and State Grants: Bf-Cf ty 3,612,596 Other 18,500 Sub Total $3,631,096 Bond Sale Proceeds $1,550,000 -- Total Revenues $5,973,596 S68, 142 $68 ,421 12 $685,Ml 65 EXPENDITIJRES TO 1975 BUDGET last Annual Current Yeu to 0.t ..... Budget Exi>end i tu res Expeonct f tures _l_ Tr a nt $4,775,017 $17 ,726 $202 ,324 4 75 nftary Sys ,241 4,3 43,263 77 12 ,718 3 in1stratfon and G r 1 364,05 31 ! 227, 177 z 174. 3 Tota 1 Expens $5,195,313 $53,770 SU2,764 9 $470. 70 • • -- • • • . • • Portion of Year to Date ...m._ DEPARTMENT OF FINANCE REALIZATION OF BUDGETED REVENUES PUBLIC IMPROVEMENT FUND Through October 31, 1975 t: of Last Last Budgeted Current Year to Budget Year Year Revenue Month Date Collected to Date _t:_ Taxes: Sales Tax $1,574,667 $162,398 $1,351,575 86 $1,372,169 85 Sub-Total $1,574,667 $162,398 $1,351,575 86 $1,372,169 85 Intergovernmental Revenue: Revenue Sharing $ 45,115 Federal Grant 628,000 State Grant 82,500 State Shared Revenue 11,427 $ 111427 $ 111427 100 $ 111697 100 Sub-Total $ 767,042 $ 11,427 $ 11,427 100 $ 11,697 100 'lfscellaneous : Interest $ 100,000 $ 20,944 $ 62,626 63 $ 160,974 72 Contr1but1ons 12,000 12,000 100 7,993 5 Other 101000 {261) _Q_ 121643 46 Sub-Total $ 122,000 s 20,9« $ 74,365 61 s 181,610 42 ota 1 Revenues $214631709 $194.769 111437.367 58 $11~~.J Z~ ll I c latfv Expendf tures Project Balance Budg t Current th to O.te Av1f11bl Sto • s 2,51 2,400 15,000 fon 1 Ltt 1 • • Sin Fe St rte 13 , « 1 • « • -•. . . :~ • Realization of Budgeted Revenues Through October 31, 1975 -Public Improvement Fund Page 2 C1.111ulative Expenditures Project Balance Bud9et Current Month to Date Ava flab le Traffic Improvements $ 95,000 $ 194 $ 82,388 $ 12,612 Zuni Street Navajo Alignment-ROW 45,901 45,901 Paving District #22 109,500 (1,458) 109.500 Parks: ' Bates-Logan 3,900 992 992 2,908 Belleview West 90,339 356 76,083 14,256 RONns Pa rlc 311,552 306,502 5,050 N.W. Greenbelt 47,302 (7~ 39, 118 8, 184 S.W. Greenbelt 112,250 (592 103 ,631 8,619 Interchange 24,850 4,300 6,489 18,361 Swi11111ng Pool Auxiliary Boiler 15,500 15,500 Handicapped Play Apparatus 12,000 12,000 Floyd Avenue Spr1nk11ng 5,400 (4,692) 650 4,750 River Redevelop11ent 1,794,290 (2,128) 326,583 1,467,707 Gr n use 35,000 1,607 2,903 32,097 T n111 s Cou rts 11 ,713 350 115,688 4,025 I F1r Tra 1n1 Fac111ty 80, 7,500 7,500 72,500 Fir sutto -(2,314) 12 .ooo 35,000 12 ,000 0 Cfty 11 Sprfn lfng 13, 100 4, 92 17,379 (4,279 ) • U flhatfo s ud 9,000 ,000 40, 3,71 $3,&77 ,7 $1. 27. 7 • • • ....... • 0 • MEMORANDUM TO: Andy Mccown, City Manager FROM: Charles B. Carroll, Jr., Director of Utilities DATE: November 26, 1975 SUBJECT: RESOURCE RECOVERY LEGISLATION This memorandum, a sU11111ary and limited analysis, accompanies the draft bill on Resource Recovery, as developed by Joe Shoemaker, for the Resource Recovery Management Committee. 1. The bill is designed similar to the Urban Drainage district, to protect the taxpayers' interest in creating a special district . 2. In the bill the general assembly makes a number of findings, determinations, and declarations, including statements that : (a) the necessity for the Recovery Act, among other reasons, results from : (1) The failure or inability econ ically to recover material and energy resources fr solid waste, result i ng in unnece ssa ry and substantial wa ste and depletion of natural resources; and (2) The inability of public bodies to achiev the econo11ies of scale available to th n district for the recovery of natural resources, wh ich shall terially abate the exist ng wa ste and d ple ion of natural resources, hazards to the public healt , pollut on o a ir and water, depression of land value , and the er ation of public nuisances; and (3) T district will 1111x 1z t a public/private• x, wi hin oppor un1ti s or isla iv cons raints . 3. T btll creates th distrt c , w h bound r s s tl ar o t Urb n Orainag Df str tc 4 . rd of d1r consi 0 (a) v r's of (b) SI Ctt c il . (c) (d) • • - I • • • 0 • Memo to Andy ~cCown November 26, 1975 Page 2. T l c 5. The board develops a comprehensive plan (ostensibly the Parson's study) and holds public hearings. 6. The board acquires the "waste recovery system" and contracts for the sale of recoverable materials. 7. The board has no special assessment powers, but may borrow and issue bonds and other securities, both general obligations and special obligations. (Once the voters approve specific projects, the mill levy may vary according to the deficiency created over and above revenues provided through sale of recovered materiais.) 8. The district may levy general taxes, but not exceeding l/lOth of one mill (about $400,000) in any year unless authorized at an election. Other than the assessment powers granted in 7. above, voted taxes in any year cannot exceed a total of 2 1/2 mills; ie 1/2 mill for operation and maintenance expenses and 2 mills for capital improvements. 9. The district may also fix and collect rates, fees and other "service charges". (These charges would accrue to trash haulers, and the costs thereto would indirectly find their way back to the individual homeowner .) 10. There is no provision to remove a director "for cause", the theory being that there will be turnover naturally through the local county and municipal election process. It may be advis- able to have a "saving" clause that enables voters or petitioners to remove a director for malfeasance or isfeasance in office. 11 . All meetings are to open to the pu lie (There is some concern that executive sessions should be closed o enable the board to discuss sensitive subjects such as contracts, personnel matters, etc .). 12. The bo rd will h ve the r o to ob a1n ranchises to operate w1 13. T board w 11 appro of all n sani tary landfill n rgy and resourc recov ry facil1 1 s t at y within . ,,, T 1$ dhtrfc tl1 au ica lly c u au hor ty. ion p rac ora and s 0 I, J • have • • -• .0 • Englewood Wat r and Sewer Board Re gular M ctin C"llH'r I ., Ill ~ 1h tln ,. cnl l d t o ordl r a t ~:03 .m. b ht -hai r n Sc hn c 1nb t • M rs n nl : Sl hn c nb r , Jont , All , Ba c , ~y l o r n H y A r. C rr 1 l t full r1 , Ull ry nd v< rn •• C rroll, r., Dir tr u iht a nd Cha rl e_ Be s t, vi s ito r. a n da it u rdinl , < l k n ou of o r d r t o c xpcdit c the matt e r s ould be Ii LL le late. Ill. ClTY DITCH LICE~ ~ 0 ST REET. r. txplain d that thl prop.rtv o~-n<r s of tht land thru which th nd A!l'.hcr t at South Clark on Strtl t hav Ditch op nin lo block off publi diL h cl n nd hav n Cl at fl a r E to fl nc in th t nd th t th pr I vat • • - ( • • r. H r • r. "r • cmd d: To trik< n In l • • • -3- • and ~ int d out that any uch Council proc cd ith th rate s tructure cnl don S pt. 3rd , and in th futur pr!n l~r char s . nd that Council pprov th nd c lud the mont hly f i r flat rat lin ch rgu . -y -no r 10 , I C r •. • • ( • t n M '1 A II I. I T nol lli r. Mr. 1 Ii I AT r • • • . 0 • Engl ewo od Wat r and S wcr Boa rd Rc11,ular M tin • vcmbf r "' c II d lo order al 'ii: '3 f'· by ic -h ir n s~hn ck<nb r <nlJ r"', J "' ' n : ulh rt n, UI lery nd C.ll. C rroll, Jr.' 0 r a nd i l c.r rdJn ' DITCH LICE d: to n b un T "' ~ 11 abcock , I T VC rn tor Utiht nd ChHI or ' to ' iJ Ill ET. T. n H v t' vi itor. xp dll h• r s ' la l Ditch to a r to f nc In th t nd th t th ' • • - I • - -2- ~r. B1rarJ 1 n i •nl•r1J Lh• mt~Ling al 5 :30 p.m . 11. APPLTCATlO FOR ADVANCfD WASTE TREATMENT STUDY GRANT (SL<p I) Chair .an Fu! lcrton '·plnln~d to th Board membt·r thal Jvanud w st<o treat tn l will b• mand11Lorr b<fon loo lon and 1n intention Lo apply for ffd<r al grant fund for a s tuJ1 mu L b• mnd< bv J nuar7 1 , 1976 to b con,id<rcJ. En6l•-ood i. one of a f,.., co1:1nunilic s <O n idcrcd 1 Ii ihll lo apply for fld•ral funds to do a tudy of th• bl:' t m thods for advanced Lr<almtnl. Mr. Sov rn Lat d t h11 t • Lt p I i t is 111 o ~ "-3l<r mana •Ill nt l'tpc ot Ludy at LIH pr• int. is mor(' tudy. than a tudy for a lcrti.iry tn n t Ir '-, H stat d that thcrt I no kno\..'!l co t for th is M 1or Ta\ lor inqu rtd ,1ddi liunal <O l [or thi to th• bility of th lud) in li ht of th D<partmtnl to b(ar the burdln of th bar bones budg£t for 1976. 'lr. C 1rrol I M • Mr. Th I. oint proj ltd th t th f•<l ral rant \oi l th L tti~ton for th ar f or 754 of the Bi-City Pl nt. I. THF l \"O SUll . o t and thi \oi OUld r • • (• • -3- Mr. Sov rn Li t d stali lies of th volum of wat r u s d to fight fires in Englewood tor 'prinkllrlrl buildin s v s . non-sprinkl rd buildings. His s tatistics s howed a con s id r a bl dlcr•as in th volum of water us d to fight fir s in sprinkler d bulld- in " plu a •ra t r duction in fire dama to thos build ings . H propos d lcvyin a land by har l t o o ~n crs of buildin s that should b sprinkl red and are not. ::.e\c ral mun b r Jc "'ould hav qu tinn d thl le ality of such to b m.ad by a diff e r nt D par move and pointed out that any s uch n . That the Board r C0111!1 nd that Council proc cd with th rat for flat rate accounts as pr Lnt d on S pt. 3rd, and in th look into droppin firt line prinklcr charges. Th mo tion die:d for lack of Mr. Mr. The Sove rn Taylor \'Ott! Sovern T•ylor Ha c W Ila c mov d; cond d: Thal "' tl r follow cond. th Board inc rca c Th mo tion pa t o nc. Aft r om< di cu ion- r. r . r. T l l r~c end tha l Council approv th flat ch r I.: nd ci..c ludc lh monthly f ! n: lin -y • -y -no ll s true turc futur rate: ch rge r • - • • - -4- Mr. Sov rn moved; Mr. Taylor s c ond~d: Thal th Board con id r a rlsolution to terminate stand by c har < s for automnlic fire s prin l r y t m' . Th motion pa d unanimously. lTFM<; 2 AND J OF MEMORA OUM. Mr. Schna klnbc r oppos< d lh< r moval of m L rs from si n l< f a 11 · d"1 l lln' . Mr. T~ylor < prt scd lhc o p inion that an 1x lon iv• public edu ca ti onal pru ram s hould ht lartc d i11rnc d 'a lt l) in r gard lo total m le ring. ~r. arroll announced that thl c mb rm ctin will n ~d to b1 c hanged to \Wcdn d.1y, O.c. 1 7 th lo avoid confli c t Ith tht Council M tin to b htld Tut. D< c. lt•th. djourn d ~l ~ p .m. ll ull ' - ( DATE: SUBJECT : Rf:C ~ DATIO • • TO THf E GLEWOOD CITY COUNCIL REGARDI G ACTION DAll 0 TH ENGLEWOOD WATER AND SEWER BOARD ovuibu I , 197 5 P l AT WAI R MAl AGREEMENT ON WEST AMHERST That th a privat th }'Or on b~h lf ity Coun~il approv a Private 2 inch wat r main on w~st Amh be authoriz d and dir ct d to of th City. nt for and that • • - ( • • • • E GLEWOOD PUBLlC LIB RARY BOARD November l , 1975 4 B Th En le\..·ood Public Library Board m t for its r ular m tin on ovemb r l in th library conference room. The m et in nainu t s o f Pr s nt: Clayton, D uPree, Kuhlman, Lighthall, Maxwell Quaintance, Simon (arriv d :0 ), Shattuck (arriv d :35) Absent: Sterlin was called to order at 7 :3 and a quorum declar d present. Th th Octob r 14 meetin w r approv d as mailed. Also present : Harri t Lute, Dir ctor of Librari s Carol p rnicka, Seer tary to th Board is Lut discuss d th monthly stati tics. Sh point d out that th circulation was down a bit, but said that it is p rhap a l v lin off of th increa s which started in Jun 197~. lt was pointed out that the excel l nt fall w ath r may hav influen d library u Th numb r of books and pa~phl ts add d wa ntion d , and Mis Lut told th Board that new sculptur s w r on ord r. Various for _al . ntary Engl wood pictorial bookl ts n in th library . Compli- ho work d on th bookl t • at success horror fil r, ut A h rant • • • 0 - work d out with Lh n wspap rs, radio and television and arrangements have bten mad for igns . Board m mb rs were asked to help if possible . Hrs . Simon arrived al ~:O~. r. D uPr e also discussed Lh Fri nd s m eling of Octob r 2 , saying that rizcs and birthday pr sent w r awarded by local m r c hants. A constitution was passed , with ratification planned by a larg r gr o up in January . The bookmobile entr in lh ovemb r childr n dr ss d in s t o ry book costum Wh el ahan, Hr. and Hrs . Blumenhei and a s ist d i n ~up rvi si ng the childr n . parad wa succ ssful . Ab o ut 40 s follow d th boo obile . Hr s . Dorothy Mrs. Ell n Thomas, of the Fri nds, Hrs . Simon move d that th Library Board send a not of thanks and appr ciation t Bob Cu rr lt, Chait'1Tla n o f th Fri nds o f th Library, for th work h ha don e . Tht mo ion was se~ond d and approv e d. , i Lut aid that th Stat Board of Education m t on Nov mb r and discus d t c rul 5 and r ulation. for library sy t ms . After much discussion , it wa tcld(d to con id(r th rul s a ain on Thu r day, ov ~ber 20 at 3 :30 . 5. : ' • ...... • ( • • • Adams County ha s 147. of thE population, 57. of the total xpend itu r by lib- rarie in th s st m, and borrow 20'7. of th items loaned . Reciprocal borrowing cost wa $6 ,63~ to th Central Colorado Library System i n 197 -1975 . On ov r.1ber JO ther will b no mar r ciprocal bo rrowin except amon the librarie which contract with each o her a th re will b no ma n y in th CCLS bud t t o pa for it. Th motion was appro ed unanimou ly. lt was pointed out that Oenv r's action in chargin for a card will affect only nonresidents wanting Oenv r library cards; th r will b no charg for Englewood c ard holders enga ed in reciprocal borrowing from Denver, providin th contract is approved. Ch airman Quaintanc , on behalf of the Board, con ratulated Councilman Cla ton on his r 1 ction to th City Council . Th r b in no further busin ss, the tin was adjourn d at 9:25. ' • • -• • RECOMMENDATION TO THE ENGLEWOOD CITY COUNCIL FROM THE ENGLEWOOD PUBLIC LIBRARY BOARD At th regular m eting of the Englewood Public Library Board on Novemb r l , 1975, the members of the Board voted unanimously to recoll'l!lend that the Englewood City Council authorize the Mayor to sign th "Multilateral Agreement for Reciprocal Use of Circulation Servic s by Public Libraries Participating in the Central Colorado Library S stem ." The contract will allow th En l ood Library to continu r ciprocal borrowin with any librari s in th Central Colorado Syst who also sign th contract. It is anticipat d that th rev nu to th City of En l od frOlll reciprocal borrowin will b about $ 000 annually. • . • • • • • :-:u ti dt ... •rt1l agrc. ('nt }1•r rec.iprvc.i.1 use of ctrcul.1t ion ervJct.:s by publi c libraries r '~rt 1c ipa.tin. in the Central Colllr.1Jo Library Sy tem I• Thie •Rr-:>ement is made tln d cntcr~d rno °'' 01 th1.. ftri:.c. d .. y 01 Ct. " Jer 197S, by dnd between the eeveral 11.brary juriedictions listed b low. ldTNlS ETH THAT: Wli .11£.AS: fh ibcarie~ listed b('lov arc participating rnemben of the Cent1"al Color ,.10 Library Sy•tem , a System deeigned to cooper at iv~ly prov Je i111provt?J library aervicet at rf'duced costli Lo all re•1d""nt of th eight-county nv"r .etrop.Jlitan ar •t nd 2. h ie ln the d natrat d public tatere•t to xtend • l rc.n.on ~on- v~nience to cili& n• ;>vrau1n1 publ 1 ly •upportcd 1 ibr•ry od in fur LJ.->n •-..:rvice:a; l. 1.ibrary &4atnutretor• vithin Lh SyaLe• b v•, in the put auc ... ~ - fu y pr ul d reciprocal u• of t.h•ir c1rcul•noo aHvic•• to a l r-.:a1d~n • o th• C.nual Co orado l.lbrarv Syecea ar a "ho have • tr&til>ft at any of th• r•rLiclpat n ltbratHI 1n th Sv•tt•. 4. L1 rary thoritl 1 et n1na b wi , t'-l cvntiRL. r• iprocel b r- r tn Hrvie: • for re1idtt1u of th• Denver Mtro titan ar•a: uJ .5 . Ubrar, jurl.Clc.tion• v icb t • • tft t 1 j riadlttlOGA da1 rv dwe c l. •o r • , .. .. ' • • - • • • 0 • ... i11e " .. 1.••·ut ive .J •1.·nl of i.lh' Ccnl r.J.l Colvrudo LibTaxy Sysl~:m sh..ill n·i.:cive m<'nthly r eporl& c ertifh•d •1 the library adn.in.Lsrr.Hors 01 such re- ciprocal c irculation t t ,nsact ion;j incurred liy this agreement al'\d shnl 1 pre;>.Jrc Jod dlstrib11t sLatemcnts qµ.arterly based upon these mon t h ly reports; ;:md 5 . The lit:irarv Jdminu.tr t.Jrs receiving, st .. lL'l'Uents f o r obligation~ uu ... h!r this agreemenl ahall ma.ce full payment againi:ol thO.b.::l obligations no lat,_.r t.1un sixty (oO) dJys after receipt 01 the atatements; ?8Ymt!Dl8 shall be ildlde to tl11.: Central Colo r ado Library System; l h ex.~cutlve ag nt of the Sy.:.tem ahall, turn, rei.abur~e cred1l<H libn1n.ea which are due paym\.:nt; and h. The •tatf ot the C'-ntral Colorado Libr .. ry Syace. :.•.-.d. a.iint.lin rec 1rd.s, r ~nder com?tehen11vr aontl1ly rep1..irt•, and pe r fora atm ... .,.1 ev luationa o( th t-Cl 1 cal ••rv1<'f'• provided; •erv1cea by t. • Syat m al 11 • all bi.: 1111 no C'harc• to partlt'lpatin llbrarhs ; nd Lhi 1a • 7. Anv of th lb.r ry Ju.r 1d. ct.i.On• il.1l"n.;uory lu:r1ttO aa.• thJr .. w 1rc. .. . l l ' t au ot r at . illl rr. • l.' t 4 ) .,,. d.t • l" be \!flee.th t ~ r j\ld.1..0 of ott 11 t 1""18 \H.: f('Qa l c .... r "1"• ofler!nc L•c1pr '"a l'lr- r 0 I (. on<! • .,. lii76 at v.1 1 by 'i,l;ft8\''U,a'Hd •. ' • • - - ( . • • • Signators to the mu] ti l JLeral J~rt• ,.,,cnt for r...:.: lprocal uae oi ci rcularion serV"ic cs by public libraries part.icipatin0 in tu~ C...:ntral Color.-.do Library System: Lib r ary Authority Adams Count y Public Library Date 1.-i • -:1 "":d;ta..-:oe ;\C 1 1n:i • .4. :..i.br•ry : ... st:-!.:t Lib ra ry Autnor ily ,\urun Public Lib[ery lJJ.l• fib •ry A .t ority l:K ul r Public Lib racy nry ••nh°" r Pubh.c Llbrary :..1 l'&t'J' • Libr.uy Authority Idaho Springs Public Libr.ry Library Au th.Jnly Laf.ly tte Publlc Library ~,. Libr,.ry A"'thancy &.iv l..n A. lea!• P "'1~ l l.brar7 Date Library Author" l Y Lo-n t l'\.blic Libr ry Ll r ry •. t • • -•• • INTRODUCED AS A BILL BY COUNCILMAN~~-"'~~~~.1-£=z:=-..~~~ A BILL FOR AN ORDINANCE APPROVI G A AGREEME T BETWEE THE CITY OF ENGLEWOOD, COLORADO, A MU , ICIPAL CORPORATION, AND SIXTEEN LIBRARY JURISDICTlO S, AS SHOW HERE! , FOR THE RECIPROCAL -. -- USE OF CIRCULATIO SERVICES BY PUBLIC LIBRARIES PARTICIPATI G I THE CE TRAL COLORADO LIBRARY SYSTEM; A D DECLARI G AN EMER- GENCY. WHEREAS, the libraries lis ted herein are participating members of the Central Colorado Library System, a system designed to c ooperatively provid e and improve library serv- ices at reduced cost to all resident s of the eight -c ounty Denver metropolitan area; and WHEREAS, it is i n the demons rated public interest to extend all rea onable onvenience to ci tizens pur uing pub - licly-supported library and information services; and WHEREAS, the library admin1 trator s within the syste have in the pas succe sfully provided reciprocal use of their c1rcul t1on servi to all re idents of the Central Colorado Libr ry y . t m r a who ha shown evid nc of r gi tration t any on th p rticipating libr rie in the .ystem; nd to th \\'Ill RI.AS, Tit cl son nd . ignrng th rvi for whi h lo n i r )Uri die rend red; BY TH CITY fOLL 0 h -r • • -•• • Douglas County Public Library, John Tomay Memor ial Librar y, Idaho Springs Public Library, Jefferson County Public Library, Lafayette Public Library, Edwin A. Bemis Public Libr ary, Longmont Public Library, Lou is ville Public Library, Ward Public Library, and Westminster Public Library, all acting by and through their proper officers, according to the provisions of that certain written instrument captioned "Multilateral Agreement for Reciprocal Use of Circulation Services by Public Libraries Participating in the Central Colo rado Library System," which is as follows: •. • • • • • • • 0 - Multilateral agre ment for reciprocal use of circulation services by public librari s participating in the Central Colorado Library System This agreement is made and entered into as of the f irs t day of December 1975, by and between the several library jurisdictions listed below. WITNESSETH THAT: WHEREAS: l. The librari list d belo ar participating members of the Central Colorado Library Sy t , a Sy l d sign d to cooperatively provide improved library service at r duced co t to 11 r d nt of the eight-county Denv r metropolitan ar a; and 2. It ia in th d onstrat d pub c int r ~t to xtand all reasonable con- venience to citi~ ns pursuin& pu 1 c y support d libr ry and information servic s; and 3. Library dministrator i h n the Sy&t h ve, in the past success- fully prov d d r ciprocal u of th r c rculation a rvic s to all r aid nta of th C ntral Color do Library have aho vid nc of r & a- trat on at ny on of the partic p tin 11br r a in th Syat a; and L br ry uthor ti a w h co continu r ciprocal bor- d ~. L la to r aid nt who do not p y [ rvic n, t i to or a r 0 1' l •. • • ....... • - 2. Each library authority signatory hereto shall receive $0.45 from the library jurisdiction of the user's residence per circulation transaction accom- plished under this agreement; and 3. Each library authority signatory hereto shall pay $0.45 per circula- tion transaction incurred by a resident of the library's political jurisdic- tion; and 4. The execut ive agent of the Central Colorado Library Syst m shall receive monthly reports certified by the library administrators of such re- Ci?rocal circulation transac tions i ncurred by this agreeme~t and shall prepare and distribute statements quarter ly based upon these monthly reports; and S. The library administrators receiving statements for obligations under this agre ment shall make full paym e nt against those obligations no later than sixty (60) days after receipt of the statements; payments shall be made to the Central Colorado Library System; the xecutive agent of the System shall, in turn, reimburse creditor libraries wh ich are due payment; and 6. The staff of the Central Colorado Library System sh 11 maintain records, render compr hensive monthly r ports, and p rform annual valuations of the reciprocal 1ervic s provided; s rvic a by the Syst •st ff sha l b at no charge to participating l1brar1 s ; nd 7. Any of th libr ry jurisdiction 1ignatory h r to• y vithdr frOll nt upon du notification to 11 t er J n tor• at l n dv nc oC n nd d vlthdr l, a l it dr w l 110nth ; no vithdr l orJ v1t r vina l1br ry to t lt 1 Curt r u culation a rvic o l r ry a 11 r 0 da • th 0 t pro 1 rir- r ot r ty •. • • , • • IN WITNESS WHEREOF, the signators on the attached page are duly authorized to enter into this agreement and to obligate their library jurisdictions for expenses incurred thereby and have set their hands and seals on the dates in<li- cated. Signators to the multilateral agreement for reciprocal use of circulation services by public libraries participating in the Central Colorado Library System: Library Authority Adams County Public Library Date Library Authority Arap aho Regional Library District Oat Library Authority Aurora Public Library Date Library Authority Bould r Publ Library D te 0 t• Authority ud Ei nh L brary Author ty r Pu lie L r cy _nv r Public L b ry 0 t Library Authority Idaho Springs Public Library Dae Library Authori y J ffer on County Publ c Library Dat Libr ry Authority Lafay tte Public Library 0 te Libr ry Author ty EJ n /\. • P b c L br ry D t r ry D y c Libr y t .· .. • • - Library Authority Douglas County Public Library Date Library Author ity Englewood Public Library Date Library Authority John Tomay M morial Library Oat • • • -s - Library Authority Ward Public Library Date Library Authority West minster Public Library Date . ' .. • • • • I• • Section 2 The Mayor is herehy autho rized and directed to execute the same for and on behalf of the City of Englewood, and the Director of Finance, Ex Officio City Clerk-Treasurer is hereby directed to attest the same and affix the offi-cial seal of the City thereto. Section 3 Inasmuch as the within agreement with the participating library authorities is scheduled to become effective Decem- b r 1, 1975, should the agreement not be ratified and ap - proved effective as of tha date, the Ci ty of Englewood would be penalized as a result of a loss of revenues ac- cruing to it and, accordingly, the Coun il finds and de - termines that an emergency exists nd that he pa sage of the within ordinance i nee ssary for the i mediate preservation of public property, h alth, peace and safety, and said ordinance shall becom ffec i e upon publica ion after final passage. Introduced, r ad in full nd p . d on Fir on he l t d of D c mbcr, 1. 75. Publi hed a a 8111 tor n r inan of D r, 19 S. on TTF. T: ad1n 3rd da • • - • • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION • DATE: November 25, 1975 SUBJECT: Findings of Fact, Case #28-75. RECOMMENDATION: Jones moved: Jorgenson seconded: The Planning Commission approve the Findings of Fact for Case #28-75, the rezoning of an area from R-2-A to R-1-C, and that the Findings of Fact be referred to City Council. Mr . Tanguma is authorized to sign this document as Vice Chairman of the Commission. AYES: Tanguma, Jones, Jorgenson, Pierson NAYS: Parker, Smith ABSTAIN: Wade ABSENT : Martin The motion carried. Respectfully submitted , By Order of the City Planning and zoning Comaission. ' • • • I• - CITY PLAN ING AND ZO ING COMMISSION CITY OF E GLEWOOD, COLORADO IN THE MATTER OF CASE 28-75, ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATI G ) TO PLACING A CERTAI AREA OF ) THE CITY OF E GLEWOOD IN R-1 -C ) ZO E DISTRICT, PURSUANT TO ) 822.3-2 OF THE COMPREHENSIVE ) ZONING ORDI ANCE OF THE CITY ) OF ENGLEWOOD. ) A public hearing was commenced on October 21, 1975, at 7:05 P.M. in the community room at the Englewood City Hall. The entire membership of the City Planning and Zoning Commis- sion was present, those being: Wade, Brown, Jone , Jorgenson, Martin, Parker, Pierson, Smith and Tanguma. FI DI 'GS OF FACT Upon r view of th ev1denc t ken in the form of t stimony, presentation , report nd f1l d docum nt the Commi ion make the following findings of f ct: That proper public noti ce w po ting. given b publi hing and on th 0 ford on the in qu e ion bounded by E t enyon Avenu her n-Gr nt 11 on the ea t, by a outh, and the Bro dway -Lincoln lle d e c rib d • • ....... • • • • • That there are 144 single-family structures, 31 two- family structures, 7 three-or four-family structures and 1 eight-family structure, and two vacant sites in the area. The use of the area includes both single-fami ly and multiple - family dwellings. That numerou s property owners presently rent property which they also occupy, causing double occu- pancy. That a citizens committee was established to study the zoning classifications of R-2-A, R-2-B, R-3-A and R-3-B districts in order to eliminate unuseful, unnecessary, in - efficient and cumbersome zone districts. That the committee has recommended that the R-2-A or R-2-B areas be zoned R-2 in order to maintain its past and present nature. The Department of Community Development has recommended R-2 zoning for the area and a denial of the R-1-C zoning. Many property owners expr s ed the opinion that th R-2-A zoning was appropriate. That many prop rty own rs contem- plate taking in boarders or developing their property so that it will be two-family use in the future. That man of the property owner pre ently u ing heir property for multipl occup ncy require uch u in order to aintain the properties' economic f ibility. Th t petitions h Upon r view of the in the area ince it ha u Th t h r t th n ur 0 R·2· in e been filed. h s been no ch nge medium-den ity lOn. • ....... • • • • • CONCLUSIONS That the comprehensive master plan for the City calls for this area to be of a medium density nature. That the property has been developed by the owners in this area as single and medium density residences. That numerous property owners have relied on the medium density zoning of this area. That numerous property owners would lose substantial vested rights by designating the area in question for single family residences. That the owners in the area would not be sufficiently protected, nor the property values stabilized, nor the wel- fare of the neighborhood continued if this were zoned R-1-C. That the fears of the residents that there would be massive apartment complexes developed under alternati e pro- posed zoning are unfounded; con idering the nature of the residences in the area it i unfeasible and the nature of R-2 zoning which ha been con idered for this ar a. That there ha been no c hange in the nature of the area inc it la t cquired n R-2-A zone classification. Th t there h been no eviden e hown to indicate the prior zonin w improper; in fact, evidence shows that the m dium density zo nin wa in fac proper, even by the proponent of R-1 -C. Th would c th n or n 1 the r a, but R-1-C owner of propert in alues. th n igh orhood, n ral w lfare of th on ·l ·C • - • • • • •• • Upon vote at a meeting of the Commission, November 11, 1975, Those voting in favor: Pierson, Wade, Brown, Jones and Jorgenson ; Those opposed : Parker, Smith, Tanguma and Martin BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION . . •. • • ...... • • • • MEMORANDUM TO TI:IE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION, DATE: November 25, 1975 SUBJECT: Findings of Fact -Cases #29-75, #30-75, #31-75, and #32-75 , RECOMMENDATION : Jones moved : Smith seconded: The Planning Commission approve the Findings of Fact for Case #29-75, the rezoning of areas from R-2-A to R-2, for C s #30-75, the rezoning of areas from R-2-B to R-2; for Ca #31-75, the rezoning of areas from R-3-A to R-3, and for Cas #32-75, th rezoning of areas from R-3-B to R-3, and that the Findings of Fact for these Ca b r f rred to City Council . Mr. Tangwaa is authorized to sign thes docua nts as Vice-Cbairaan of the Planning Commi ion. AYES : Smith, Tanguma, ad , Brown, Jones, Jorgenson, Pierson NAYS : Parker ABSENT : Martin The motion carri d. Re pectfully sub 1tt d, By Order of th City Pl nnin and Zonin Comiai ion . • . ' • • • • 0 (• • CITY PLANNING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF CASE #29-75 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE PLACING OF CERTAIN AREAS ) OF THE CITY OF ENGLEWOOD IN AN ) R-2 ZONE DISTRICT, PURS UANT TO ) §22.3-2 OF THE COMPREHENSIVE ) ZONING ORDINANCE OF THE CITY ) OF ENGLEWOOD. ) A public hearing wa he ld in connection with Case #29-75, on October 21, 197 5 , in th Community Room at the Englewood City Hall. The ntire m mb rship of the City Planning and Zoning Colllllli sion a pr ent, tho b in g: Jorgenson, Martin, Park r, Pi r on, Smith, T ngum , Wa d , Brown and Jon s. FINDINGS 0 FACT Upon r v w of th evid nc taken n th form of t atlllony, pr ntation r port nd 11 d docua nt , th eo .. 1ssion •akea th follo in 1 ind1n t: Th t pro r not 1c o1 h • t to con i r th propo d by pu 11 in in ton ar po tn • cri d • . ~ • • -2- Beginning at a point on the centerline of the intersection of Yale Avenue and the alley east of Delaware Street; thence east to the centerline of the alley east of Bannock Street; thence south to the centerline of Cornell Avenue; thence west to the centerline of Bannock Street; thence south to the centerline of Dartmouth Avenue; thence east to the centerline of the alley east of Bannock Street; thence south along the extended center- line of said alley 1234 feet, more or less, to a point; said point being the southeast corner of 3270 South Bannock Street; thence west 163 ft. more or less, to the centerline of Bannock Street; thence south 91 feet more or less, to a point, said point being on the extended south line of lot 14, Abbott's Subdivision, Second Filing ; thence west to the centerline of the alley east of Cherokee Str et; thence north to the centerline of Eastman Avenue; thence w t to th centerline of the alley east of Fox Street ; thence north to the c nterline of Dartmouth Avenue; thence a t t o the c nt rlin of the all y east of Elati Street ; th n e e north to th centerlin of Corn 11 Avenue; thence ea t to th c n t rl1n of th alley ast of Delaware Stre t; thenc north to the point of b ginnin centerlin r ction of and th all y east of Lincoln Stre thenc east of the all y east of Sher.an Str thence rl i n of Amh r t Avenu ; thenc to th all y ea t of Lincoln Str t ; th north o i n n n . tion of nc a•t th nee to th north • • • -3- That the area in question has been zoned R-2-A, Two-family Residence, a medium density zone district, and that a majority of the area has been zoned for two-family use since 1940. There presently exists in the area formerly zoned R-2-A, 393 single-family structures, 74 two-family structures, six three- family structures, three four-family structures, and one six- unit and one eight-unit complex; one store, five vacant lots, and one school. That the area has be n dev loped as a medium density district. That th repeal d R-2-A Zon District required a ainilllum of 50-foot frontage for a ingl -family unit, and a minilllum of 75 foot fronta for a two-family un t. That of th 74 t o-family unit in th area form rly zoned R-2-A, only iv ar on a building it with a 75 foot or •ore fronta e, the re t b in on frontag le than th Ill nilllum r quir d by th zonin r ul tion • th typical ubdi i ion in En 1 wood is platted into 25-oot lot bi b n rally hav b n old in coabination 0 t 0, th r quir • nt or a 75-oot ront in th R-2-A Zon Di tr ct al. Tba th purpo und rlyin th to R-2 i on 0 tr t 0 ' nd t t t o-t ly zon di tr ct c u d ot nt lh .. n. 0 lo t . ' • • 0 • -4- That a number of property owners have purchased property in this area in reliance on the two-family zoning. That a number of people are considering developing their land in conformance with the medium-density zone district. That with respect to former R-2-A areas, the R-2 zoning allows a two-family structure on less area: six-thousand square feet as compared with 9,000 square feet for the former R-2-A. In addition, the R-2 classification has additional require- ments in open space, landscaping, underground utilities. Other differences in the classification are minor and noted in the staff report and zon district analysis. In total, the evidence shows but little variation with respect to the foraer zone district located in these areas. That num rous variances have b to reliev hardship now occurrin cl Tho CONCLUSIONS That, h n con id rin R-2-A ification th r i litll di i t ar ar a and ar inor in n ur n granted in the 1th th R-2-A zon areas district, 1th th propo d R-2 zoo in th districts. of b n fit to all in th T at li no as iv n ; that pro rty o n r in t on , th t th r h of th oth no ld di tty zonin d i na- c h n in th n tur n brou ht 1or ard to ho •. • • ........ .o • -5- That the previous zoning was medium-density residential and that zoning for the areas in question has not been shown to be in error; in fact, it is the proper type of zoning for this area. That the zone classification of R-2 will conti ue to conserve and stabilize the value of property, secure safety froa fire and other danger; prevent undue concentration of population, t raffic ; to facilitate transportation, community utilities and services, and t o promote health, safety, aorals and the genera l welfare of all i n accordance with a coaprehen- sive plan . RECOKllENDATION : Th refore, it is the recommendation of the City of Engle ood City Planning and Zoning Co111J1ission to the City Council of the City of Englewood that th abov described areas be zoned R-2 zonin d ignation, a adopt d by Ordinance No. 30, Series of 1975 . Upon vot at a 1975. tin 0 th Co .. i ion, OV aber 11, vo i in f or : Bro n, Jon , Jor on, it , Wad • T oppo d : P rk r, n, Martin, COMMIS IO • . , • . • • I - • • ... • CITY PLANNING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF CASE #30-75 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE PLACING OF CERTAIN AREAS ) OF THE CITY OF ENGLEWOOD IN AN ) R-2 ZONE DISTRICT, PURSUANT TO ) §22.3-2 OF THE COMPREHENSIVE ) ZONING ORDINANCE OF THE CITY ) OF ENGLEWOOD. ) A public hearing was held in connection with Case #30-75, on October 21, 1975, in the Co .. unity Rooa at the Englewood City Hall, The entire aeabership of the City Planning and Zoning Coaaission was present, those being: Jorgenson, Martin, Parker, Pierson, Saith, Tanguaa, Wade, Brown and Jones. FINDINGS OF FACT Upon r vi of th vid nc tak n in th fora of testiaony, pres ntation ' r ports and fil d docuaents, th co .. ission •ak s th ollowi findi • of fact: Th t pro r notic o h • tin to con i r th propo d y pu 11 hi and po tin • Tb ar in -· ' • • • • • 0 - -2- Be ginning at a point on th e centerline of the intersection of Yale Avenue and the alley e ast of Elati Street ; thence east to the centerline of the alle y east of Delaware Street; thence south to the centerline of Cornell Avenue ; thence west to the c enterline of the alley east of Elati Street; thence south to the centerline of Dartmouth Avenue ; thence west to the center- line of the alley east of Fox Street; thence south to the centerline of Eastman Avenue ; thence west 667 feet, more or less, to a point, said point being on the extended rear lot line of lot 1, block 1, Luna's Subdivision ; thence south to the centerline of Floyd Avenue ; thence west 324 feet, more or less, to a point, said point being the southwest corner of block 2, Frantzmann Folkert's Subdivision, Amended; thence north to the centerline of Eastman Avenue extended ; thence cast 263 feet, more or less, to a point, said point being 61 feet, more or less, west of and 30 feet north of the northwest corner of block 1, Luna's Subdivision; thence north to the cen- terline of Dartmouth Avenue ; thence east to the centerline of the alley east of Huron Street, extended ; thence north along said line 534 feet, more or less, to a point, said point being 8 feet west of the northwest corner of lot 45, block 1, Taylor's Addition ; thence east to the centerline of Galapago Street ; thence north to the centerline of Cornell Avenue; thence east to the centerline of the alley east of Fox Street ; thence north to the centerline of Bates Avenue ; thenc e e ast to the centerline of the alley east of Elati Street ; th nc north to the point of b ginning. Beginnin at a point on the centerlin of Ya l Av nu nd th alley east of Bannock to th c nt rlin of Aco•a Stre t ; th n e e 11n o f Corn 11 Av nu ; th nee w st to th a ll y as t of Bannock Str t ; th n c north inn n • th intersection of Stre t; th nee east outh to the c nter- c ent rltne of th to th point of b - • • • • • • I • - -3- Beginning at a point 130 feet, more or less, south of the centerline ot' the intersection of Hampden Avenue and Emerson Street, said point being 30 feet west of the northwest corner of lot 5, block 3, Higg ins South Broadway Heights; thence east to the centerline of Downing Street; thence south to the centerline of the alley south of Hampden Avenue; thence east to the cen- terline of Marion Street; thence north 17 feet, more or less, to a point, said point being 38 feet, more or less, west of the northwest corner of lot 3, Jones Subdivision; thence east to the centerline of the vacated alley eaet of Marion Street; thence south to the centerline of U.S. 285; thence southwesterly and westerly along said centerline to the centerline of Emerson Street; thence north to the point of beginning. Beginning at a point on the centerline of the intersection of U.S. 285 and Sherman Street ; thence southeasterly along the centerline of Jefferson Drive to the centerline of Logan Street; thence north to the centerline of Little Dry Creek; thence south- easterly along Little Dry Creek to the centerline of Kenyon Ave- nue extended; thence west to the centerline of the alley east of Lincoln Street; thence north 330 feet, more or less, to a point, said point being 8 feet west of the northwest corner of lot 36, block 2, Wynetka Heights Subdivision; thence east to the center- line of Sherman Street; thence north to the point of beginning. Beginning at a point on the centerline of the intersection of Kenyon Avenue and the alley east of Bannock Street; th nee east to the centerline of Acoma Street; thence south · to the center- lin of Lehigh Avenue; thence east to the centerline of the alley east of Acoma Street; thence south to the centerline of Layton Avenue; thence w st to th c nterlin of th alley ast of Bannock Street; thence north to the point of be innin • Beginning at a point on the c nt rlin of the inters ction of Oxford Avenu and the alley ast of Broadway; th nee east to th c nterlin of th alley ast of Lincoln Stre t; th nee outh to the c nterline of Chenan o Av nu ; th nc w st to th c nt rline of th all y ea t of Broad ay; th nc north to th point of b innin . • • • . o • A 'I 'I -4- That the area in question has b~en zoned R-2-B, Two-family I Residence, a medium density zone district, and that a majority I of the area has been zoned for two-1 funily use since 1940. There presently exists in the .\rea formerly zoned R-2-B, 559 single-family structures, 182 rt • o-family structures, 20 ' three-family structures, 9 four-family structures, and one six- unit and one seven-unit complex, several stores or businesses, 25 vacant lots, two school properties and six churches. T.hat the area has been developed as a medium-density district. That the R-2-8 Zone District required a 50-foot frontage for a single-faaily unit, a minimum 50 foot frontage for a two-faaily unit, and that an additional unit could be built on each additional 25-foot lot. That the purpose underlying th change to R-2 is one of adainistration, and that two two-faaily zone districts caused difficulty in adainistration and ar not necessary for the iapl • ntation of the City of Englewood Master Plan. That nu. rous property owners hav express d cone rn over i•pro r d v lopa nt in the ar a. That a nu.b r of property own xpr s d f ar of ov r-d v lope nt. That a nu.b r of property o n rs hav purcha d pro rty in th in on th t 0 in tru tu 0 t lo r a : si - t • • • . o • -5- In addition, the R-2 classification has additional require- ments in open space, landscaping, underground utilities. Other differences in the classification are minor and noted in the staff report and zone district analysis. In total, the evidence shows but little variation with respect to the former zone district located in these areas . CONCLUSIONS That, when considering R-2-B with the proposed R-2 zone classification there is little difference in the districts. Those differences that do exist are of benefit to all in the area and are ainor in nature. That proper public notice was given; that property owners in the area rely on the aediua-density r.oning designation ; that there has been no sub tantial change in th natur of th areas and no evid nee has b n brought forward to sho other- wise. That th pr vious zonin was • diua density r aid ntial, and that zoning for th ar in qu stion ha not b n ho n to b in rror ; in fact, it is th pro r ty this ar a. That th on cl con rv d st bili utiU tl l o zonin for • • -•• • -6- RECOMMENDATION Therefore, it is the recollllftendation of the City of Englewood City Planning and Zoning Commission to the City Council of the City of Englewood that the above-described areas be zoned R-2 zoning designation, as adopted by Ordinance No. 30, Series of 1975. Upon vote at a aeeting of the Commission, November 11, 1975. Those voting in favor: Brown, Jones, Jorgenson, Martin, Parker, Pierson, Saith, Tanguma, Wade. Those opposed: None. BY ORIER OF THE CITY PLANNING AND ZONING COMMISSION By:&/efw~~ EDDIE TANGU ~'Chl:iraan • • , - - • • • CITY PLANNING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN 1llE MATTER OF CASE #31-75, ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOllllENDATIONS RELATING ) TO THE PLACING OF CERTAIN ) AREAS OF THE CITY OF ENGLEWOOD ) IN R-3 ZONE DISTRICT, PURSUANT TO) §22.3-2 OF THE COMPREHENSIVE ) ZONING ORDINANCE OF THE CITY ) OF ENGLEWOOD. ) A public hearing was held on October 22, 1975 at 7:00 p.m. before the City Planning and Zoning co .. ission to consider the above case changing the zoning of certain areas of the City fro• R-3-A to R-3. FINDINGS OF FACT: Upon the taking of testimony, receiving documents and reports, th Coaaission makes th following findings of fact. That public notice was given by publiahing and posting tb R-3-A areas to be zoned R-3. Tba th ar a to zon d R-3 ar • ' • • • 0 I• - Reginninl! at a point where the centerline of South Lafayette Street intersects the south line of Section 35, T4S, R68W, said south line of Se c tion 35 being the approximate centerline of East Hampden Av e nue : thence northerly along the centerline of South Lnfaye tte Street to its intersection with the centerline ol East Floyd Avenue ; thence easterly along the centerline of Ea s t Floyd Avenue to its intersection with the east line of the SW 1 /4. SE l .'4, Section 35; thence southerly along said cast line ot the SW 1,4, SE 1/4, Section 35 to its intersec- tion with the northerly right-of-way line of U.S . 285, said northerly right-oJ-way line being also the southerly boundary ot the City of Englewood and lying 90 feet more or less north of the south line of Section 35 ; thence westerly along said northerly right-of-way line of U.S. 285 to its intersection with the centerline of Section 35; thence southwesterly on the arc of a curve to the left, the chord of which bears south 78 " 57' west, the radius of which equals 783 feet, for an arc distance of 301.4 iect ; thence south 89 ° 57 ' 52" west Jor a distance of 337.5 feet to a point where the north right-of-way line of East Hampden Avenue intersects the east right-of-way lin<.' of South Lafayette Street; thence southerly along the extended east line of South Lafayette Street to its intersec- t ion with the south lin e of Section 35 ; thence westerly along said south lin<.' of Sect ion 35 to the point of beginning, ex c ept the north 180 fE>et ot lJic east 1292.46 feet thereof . -2- RN • i n n i ng at a point 1 5 5 te t , 11<>re or less , north of the c n- 1,,1·l111e ot th int e r e r tion of Clarkson Street and Girard Av nue , said point being 30 f ee t WE>St of the northwe st corner of Lot 21, Block 44, Evans ton's Broadway Addition ; th e nce east to the cen- t l'line of th alle y cast of Clarkson Street ; thence s outh 685 l e t, iaore 01· l e ss to a point, said point b ing 8 ! t ast of th · o uthea t c orne r of Lot 20 , Block 45, Evan tou •s Broadway Ad d l i on : thenc e we t to the centerline of Clark s on Str t ; t h net> north to point o1 b ginning. · n t, aor • to • • • • • 0 • -3- ' A parcel of land lying wholly within the NE 1/4 of Section 15 T.5S., R.68,W, bounded on the north, east and south by the Englewood city limits and on the west by the centerline of Big Dry Creek and the cast line of Burt Chevrolet at 5200 South Broadway. • Beginning at a point where the extended south line of lot 7, block 1, Centennial Industrial Park intersects the centerline of Decatur Street; thence west 456 feet, more or less, to a point, said point being the southwest corner of lot 6, block 1, Centennial Industrial Park; thence north 275 feet, more or less, to a point, said point being the northwest corner of lot 6, block 1, Centennial Industrial Park; thence east and northeast- erly along the extended north line of lot 6 to the centerline ot Decatur Street; thence east and southeasterly along said centerline to the point of beginning. That a citizens study of R-3-A and R-3-B zone districts recommended a need to consolidate these classifications with some refinements and the result was the R-3 designation in order to reduce unneeded, unused and cumbersome districts. That the City has had nuaerous three-story walk-up type structures constructed with saall one-bedroom units, no land- scaping, and asphalt parking area in front, That in the coabined R-3-A and R-3-B areas there is a total of 2,913 aulti-faaily dw llin units. Of 1h s unit , th natur of 594 could not b d t rain d, 60 are ffici ncy units, 1 ,839 ar on -b drooa units, 3 0 ar t o-bedrooa uni t , and 30 r unite. Th thr -tory units ar d with un o t o er atin d t. That this ind rs 11 ht nd op n to dJ nt nd r trict th u of th ir ro rt • ' • • I • .o • -4- That the proposed R-3 zoning would not permit development of three-story walk-ups on 100-150 foot lots . In certain in- stances, a planned development will be required. That the primary difference between R-3-A and R-3 is that R-3 will require additional lot area for the construction of the same structure, additional floor space and additional open space and landscaping. That the primary need is to upgrade the standards so that the construction of a multi-family unit will blend with the existing co11111unity and neighborhood. Tl •at there is a recurring problem in the :ir as of poor ~--..': i--L.llL:..ui;, l..ll&t.:::·~tllt:. Lt.o: EX';.tllf!:..\•t:..~ I.. pl.L.~E':l pi.::-l..:..ni; ar ~as and a lack of la~ds~~-inf. fhat th n ed 1or ar r 1a.mily ~nits i not b in m t. That ther are insufficient open ar as for th use of the occupant of the •ulti-fllJlily units being constructed. Th r i no evid nc that th r has been substantial change in th natur of th ar as in qu stion or that th initial iapro r. That h natur o bav no cha d inc th y ha oat d R-3-A and th ori in 1 zonin b no 1 rror, rt t 1 rror • .,,, iUc t on tb d R-3-A t th d di - tr r, t pt n 0 • n •U• lot 1 .· • • - ., • • ( . • 0 t• • -5- That the areas in question need to continue with a high density multi-family-dwelling zoning to maintain the stability of the neighborhood and property values. That the areas in question need the additional regulation in R-3 designation with respect to open space, landscaping and unit floor area. Although minor, they will enhance the stability and overall nature of the area. That the purpose of this zoning change is administrative in nature, attempting to illlplement the recommendation of a special citizen group. Refineaents in the zoning classification are necessary and will not have a harmful effect upon the property owners of the area now or in the future • The Englewood City Plannin and Zoning Coaaission r coaaends that th proposed zoning d signation of R-3 be iaplea nted and incorporat d into th ordinanc s o the City of Engl ood for the ar as pr viously zoo d R-3-A. Upon vot at a tin of th Coaaission, ov b r 11, 1975. Tho voting in favor : Ta WI , Wad , Bro n, Joo Jor nson, M rtin, Par r, Pi r on, ith Tho oppo d : on 10 • • f - n'I • • - CITY PLANNING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF CASE #32-75, ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE PLACING 0 F CERTAIN AREAS ) OF THE CITY OF ENGLEWOOD IN AN ) R-3 ZONE DISTRICT, PURSUANT TO ) §22.3-2 OF THE COMPREHENSIVE ) ZONING ORDINANCE OF THE CITY ) OF ENGLEWOOD . ) A public hearing was held on October 22, 1975, at 7:00 p.m. before the City Planning and Zoning Co111D1ission to consider the above case, changing the zoning of certain areas of the City fro• R-3-B to R-3. FINDINGS OF FACT: Upon the t king of t timony, receiving documents and r e ports, the Co11mission aak s th following findings o fact. That public notice was giv n by publishin and po tin th R-3-B ar as to be zoned R-3 . That th area to b zon d R-3 ar Beginning at a point on th Cornell Av nu and Oannock lin of Acoma Str t ; th n mouth Av nu : th n t to ction of th nc north to th po nt o 8 0 t. ' ot t to OU th c nt r - point • • • • 0 - -2- Beginning at a point on the centerline of the intersection of Eastman Avenue and ~he alley east of Lincoln Street; thence east to the centerline of the alley east of Grant Street; thence south to the centerline of Girard Avenue; thence east to the centerline of Pearl Street; thence north to the centerline of Floyd Avenue; thence east to the centerline of the alley east of Clarkson Street; thence south 530 feet, more or less, to a point, said point being 8 feet east of the southeast corner of lot 21, block 44, Evanston Broadway Addition; thence west to the centerline of Clarkson Street; thence south to the centerline of Hampden Ave- nue ; thence west to the centerline of Pennsylvania Street; thence north 135 feet, more or less, to a point, said point being 30 feet east of the southeast corner of lot 29, block 5, West View Addi- tion; thence west to the centerline of Logan Street; thence north 50 feet, more or less, to a point, said point being 30 feet east of the southeast corner of lot 31, Block 8, Premier Addition; thence west to the centerline of the alley east of Sherman Street; thence north to the centerline of Floyd Avenue ; thence west to the centerline of the alley east of Lincoln Street ; thence north to the point of beginning. Beginning at a point on the centerline of the intersection of Girard Avenue and the alley east of Clarkson Street; thence east to the centerline of Lafayet e Street; thence south 530 feet, more or less, to a point, said point bein 30 feet east of the southeast corner of lot 29, block 50, Evanston Broadway Addition ; n~ thence west to the centerline of the alley east of Clarkson Street; thence north to the point of beginning. Beginning at a point 430 feet, more or les , outh of the north- west corn r of th SE 1 /4, S ction 35, T.4.S. R.68.W.; th nee east to the c nt rlin of Univ rsity Boul vard ; th south to th c enterlin of U.S. 2 5 ; thenc w t to th outhw of t h e SE 1 /4, S tion 35 ; th n north to th po i nt of 0 b r - 2 S ; t h t o t o o l th th t ; t o or 0 I • • • 0 - -3- Beginning at a point on the centerline of the intersection of Broadway and Jefferson Avenu e; thence east to the centerline of Sherman Street ; thence south 200 feet, more or less, to a point, said point being 30 feet east of the southeast corner of lot 36, block 2, Higgins · Broadway Addition ; thence west to the centerline of the alley east of Lincoln Street ; thence south to the center- line of Kenyon Avenue; thence west to the centerline of Broadway; thence north to the point of beginning. Beginning at a point 380 feet, more or less, north of the center- line of the intersection of Oxford Avenue and Bannock Street, said point being 30 feet west of the northwest corner of lot 11 , Block 15, Jackson's Broadway Heights; thence east to the centerline of the alley east of Bannock Street; thence south 660 f et, llOr or less, to a point, said point being 8 feet east of the northeast corner of lot 10, block 18, Jackson's Broadway He ights; thenc w t to the centerline of Bannock Street; thence north to the point of beginning . Beginning at. a point on the centerline of the intersection of Layton Avenue and Bannock Street ; thence east to the centerline of Acoma Street ; thence south to the centerline of Chenango Ave- nue; thence west to the cen terline of Bannock Street; thence north to the point of beginning. Beginning at a point on the centerline of the intersection of Acoma Stre t and Grand Avenue ; th nee south to the centerline of Bellevi w Avenue ; thence w st 670 fe t, more or less, to a point said point being 30 fe t outh of the southwest corner of lot 9, Carm 1 Park Subdivi ion; thenc north to tbe centerline of Grand Avenue ; th nc ast to th point of beginnin of th point b ing rurb n Addi- • • ....... • • • • -4- That a citizens study of the R-3-B zone district recommended a need to consolidate this classification with the R-3-A classi- fication with some refinements, and the result was the R-3 designation in order to reduce unneeded, unused and cumbersome districts. That the City bas had numerous three-story walk-up type structures constructed with small one-bedroom units, no land- scaping, asphalt parking area in front . That in the co•bined R-3-A and R-3-B areas there is a total of 2,913 aulti-faaily dwelling units. Of these units, the nature of 594 could not be detel'llined , 60 are efficiency units, 1,839 are one-bedroom units, 390 are two-bedroom units,and 30 are three-bedroo• units . The three-story units are interspersed with single-family units often creating a crowd d 6ffect. That this hinders light and open space to adjacent owners and restricts the use of their property. That the proposed R-3 zoning would not pel'llit developaent of thr tory walk-ups on 100-150 foot lots. In certain in- tanc a, a plann d development will be required. That th priaary diff r nc b tw n R-3-B and R-3 is that R-3 will r quir additional lot ar a for th construction of th atructur , additional floor apace and additional open ap c . th th That th priaary n d i o u rad th th con truction of a aulti-faaily unit tin unity and n i hborhood. atandar ill blend 0 1th . ' • • • , - • • • .o • -5- That there is a recurring problem in the areas of poor site planning, unscreened and extensively asphalted parking areas and a lack of landscaping. That the need for larger family units is not being met. That there are insufficient open areas for the occupants of the multi-family units being constructed. There is no evidence that there has been substantial change in the nature of the areas in question or that the initial zoning was improper. CONCLUSIONS: That the nature of the areas have not changed since they have been designated R-3-B and the original zoning bas not been contested as being in error and no evidence supports that this clas ification was in error. That the zone classifications R-3 and R-3-B allow the saa uses; that the dif erenc s b tw en the zone districts are gen rally •inor, with th which is incr a d. xc ption of •iniau• lot size That th ar a in qu stion n d to continu with a hi h d n ity aulti-faaily-dw llin zonin to •aint in th stability or th n i hborhood and prop rty valu s. Th th ar in qu t on n d th additional r ulation in R-3 tion itb r to o n ap c , land pin nd unit loor r Althou h •in r, th y ill nh n th t bili y nd ov r 11 n tur 0 • • , ·- • ... • •• • -6- That the purpose of this zoning change is administrative in nature, attempting to implement the recommendation of a special citizen group. Refinements in the zoning classification are necessary and will not have a harmful effect upon the property owners of the area now or in the future. RECOIOIENDATION: The Englewood City Planning and Zoning Commission recomaends that the proposed zoning designation of R-3 be implemented and incorporated into the ordinances of the City of Englewood for the areas previously zoned R-3-B. Upon vote at a aeeting of the co .. ission, Noveaber 11, 1975. Those voting in favor : Pierson, Saith, Tanguma, Wade, Brown, Jones, Jorgenson, Martin Those opposed : Parke r BY ORDER OF THB CITY PLANNING AND ZONING COllllISSION .. • • ·- - • •• • ~ r•1ou•• Andy Mccown, City Manager DA,. William James. Director of Finance November 25, 1975 Panchos, 4595 South Santa Fe, Liquor Violations This report is in regards to the Council request of verifying that Panchos, located at 4595 South Santa Fe, has any liquor license violations on file with the State Liquor Division. Council was hesitant to renew the license for another year unless Panchos had a clear record with the state. In particular, the alleged vio l ations were to have occurred in December of 1974 (attached is the police report). The liquor license is held in the name of Englewood Builders Finance Corporation. We have contacted the State Liquor Division regarding any violations that have occurred in the past or that are pending against Panchos or the Englewood Builders Finance Corporation. At this time the State Liquor Division has no record of receiving notification of any violations; and, therefore, they have no report of the investigation on file. During the past year and a half. the trade nllM has changed several tiines frOlll Panchos, Los Pri1110s, Los Panchos and Amigo Inn. At the time of the alleged violation, the naine WIS Los Panchos. Each time the name WIS changed the establistment WIS under a new manager. Since July of 1975 to date the restaurant and liquor license have not been operating. Therefore. I rec~nd that no further action be talten until can deter111ne exactly ""'8t 1s going to happen at this locat10fl. ~~ 011" ctor of f1nanc At tac t I v • t • • .. • . o • OFFENSE REPORT ENGLEWOOD POLICE DEPARTMENT City of Englewooct -------- November 25 , 19 75 Mr. Bi 11 James Englewood City Hall 3615 South Elati Street Englewood, Colorado 80110 I• ;. • \ • ~ • I t --....,,__,,.7 3400 S flat1 Street Engl cv.ood Colorado 60 tO Phone (303) 761-1 140 Per Captain Morgan, reference Pancho's Inc., 4595 South Santa Fe Drive, now doin busine s as igo Inn: Pre ent owners: 1. Joe Sepulveda 2. Cecil H rnandez 3. Frank Juarez C plaints received by the En lewood Police O part ent : I. Oetob r 7, 1973, silent alaT'll 2. Au u t 13, 19 5, attemp ed ur Jar 3. Auaust 1 • 19 S, op n door. ' v 5, 1975, th f 0 r $200.00 in cu od Copi of all abov r por ar encl o d. n 1. ECE\VED ~ 197S ' • • ·- City of Englewood November 25, 1975 Mr. Bill James Englewood City Hall 3615 South Elati Street Englewood, Colorado 80110 . • • • 3400 S Elat1 Street Englc,.o<>d Colored• 60' 10 Phone (303) 761-1140 Per Captain Morgan, reference Pancho's Inc., 4595 South Santa Fe Drive , now doing business as Alligo Inn: Present owners : 1. Joe Sepulveda 2. Cecil Hernandez 3. Frank Juarez C011plaints received by the Englewood Police Depart•ent: 1 . October 7, 1973, silent alar11 2. August 13, 1975, atte.pt d burglary 3 . August 1 , 1975, op n door. 4 . Nov ber 25, 19 75 , theft over $200.00 Susp cts in cu tody. Copie of all abov reports ar ncl os d. ~ nt cc 1. RECE\VEO MOY 2 r, \97S . ' • ' • • ' _, • I . ·,-. 0 • OFFENSE REPORT ENGLEWOOD POLICE DEPARTMENT I • • • l t \I I> 1. t i i ' ., Nature of Crim<! (For Office Use On ly) C.R.R .#: 75'· ,,(7§'0() 3 Piece of Offense -Addre11 / locoflon l A/M -¥595 S. SA.NIL -£-~,,......~:~::::~~::::~::~:=~~~~:~s-u_•~in~·-·-:-·~A:d~d~r•~·-·.,..--=----_--:"-:"_-_-_~~=~~~:f,-s-'.,~·-i=-n:•_•-'·~P~ti-o'°".,.:~~~~:H~o~me:~P~t.one:::~~:~~: j , . SEPt'fL I/Et/A "10 1 Bu1ine11 Phone Home Phone j Dtle of ~rence, or Extct Time of Occurrence : Time and Date Reported .A le-M. Date ~,,/S 19~tnd M. Dote 19 Otte //-;/5 19 :53</ M. ~~ ~~~ ~~t:h,f~~n'!:. person or property ttttcked, metn1 of ttttck or entrtnce , in llrument used , t ime of occurrence, tnd lion Not ified: YES 0 NO RECOVERED -y ..... PROl'BTY STOlEN , WIT H fUll DESOllPTION , NUMllR, ETC. E11 imete Vt lue •. • • ·- - • ,,I - 7ROGRESSCOUNTRY ~--j,/--:::7 • •• t • • ENGLEWOOD CHAMBER O F COMMERCE 180 West Girard Avenue· Engl wood, Colorado 80110 Phnno 13 '.II 781 7fJ:lll November 17, 1975 To : Mayor James L. Taylor , City of Englewood Mcmb rs of the En g l ewood City Council C(ntl en : Attached is a copy of Resolution passed by our Board of Directors at our regular Board m tin on Octob'r 30 , 1975 . ·ouT thou htful con ld r tion of thl R ·o lulio11 will b r atly ppr cial d . Th nk you . Sine rely, S_J 0-:t::__ Sid Ov rton Pr si d nt • • • , ·- "ROGRESS COUNTRY -· /~ "t / • • ENGLEWOOD CHAMBER OF COM MERCE 180 West Girard Avenue· Englewood. Colorado 80110 Phone C303l 781-7838 RESOLUTION IN SUPPORT OF CONTINUANC E OF ONE CENT ENGLEWOOD CITY SALES TAX TO DECCMBER 31, 1976 WHEREAS , it is clearly apparent that the City of Englewood , Colorado , needs to continue the presently exist- ing one cen Ci y Sales Tax in order to acccmplish its capital improvement needs; and WHEREAS, it is encumbant upon the Chamb er of Com - mercc, as a representative of the Englewood Business Community , to take a position regarding the continuance of said tax. OH , THEREFORE, BE IT RE.50LVED that the Engl ood Chamber of Commerce hereby endors s and supports th continu- anc' of th on cent City of Englewood , Colorado , S 1 T x up to nd including Dccemb r 31, 197 , which ndors nd s u o rt i contingent upon the following conditions: 1. Th t th proc cd rec iv d from s id on c nt 1 s t x b appli d to City of Engl wood's c pit l m- prov•m n und on l y . 2 . T t no n w x progr a b ado d, p d , 1n u d, 0 n ore d by th c y o 8 i on no incr n y ' • • ·- ( • • • (• - t- PRDGREBB COUNTRY ENGLEWOOD CHAMBER OF COMM ERC 180 West Girard Avenue · nglewood. Colorado 801 Phone (3031 781-78: f§iir v existing taxes imposed by the City of Englewood during said period of c ont in u anc e . AOOPTED AND APPROVED this 30th day of October, 19 75, by the Board of Directors. • • ·- , • •• • INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. ~ SERIES OF 1975 AN ORDINANCE APPROVING THE AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER AND THE CITY OF ENGLEWOOD, COLORADO, AUTHORIZING THE CITY OF DENVER TO MAKE A SANITARY SEWER LINE CONNECTION AT SOUTH UNIVERSITY BOULEVARD AT EAST FLOYD AVE UE WITHIN THE CITY OF ENGLE- WOOD, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF ENGLEWOOD. WHEREAS, The City of Englewood, Colorado, and the City and County of Denver, Colorado, are d sirous of cooperating with reference to a sanitary sewer line connection to be lo- cated at South University Boulevard at East Floyd Avenue, within the City of Englewood; and WHEREAS, a written Agreement ha been proposed between said municipalities relating to said connection with Engle- wood's receiving and treating sewage; and WHEREAS, s id interconnection is to be constructed pur- suant to plan and specifications to be approved by the City of En lewood's Dep rtment of Utilities Standard Specifications; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, S FOLLOWS: Section 1. That Englewood hall enter into an agreement with Denver, acting by nd through it Board of W ter Commissioner , ccording to the pro i ions of c rt in written in trument cap ioned " ewer Connection reem nt", which i att ched hereto, con- i tin of five typewritt n p e nd is here y incorporat d by thi reference. Said instrument provide : -1 - ht •. • • , ·- • • , • • <• • to maintain such connection shall expire five years from the date of the Agreement without further notice. 2. The construction of the connection shall be ac- complished by Denver in accordance with plans and specifications approved by the Englewood Depart - ment of Utilities. Prior written approval by the Director of Utilities of the City of Englewood shall be necessary prior to the making of any alterations to said connection. 3. Denver agrees to indemnify and save the City of Englewood harmless from all costs, claims or dam- ages arising out of the connection, without regard to the cause of said costs, claims or damges. 4. The Agreement shall not operate to limit or in any way restrict Englewood's right to utilize its sewer line facilities within the area of said connection. S. Denver shall bear all costs of construction, and upon abandonment thereof shall pay all costs of removing said connection and r turn the area to its original condition, all of which snol~ be ac - complished pursuant to the supervi ion of ch Oe- partment of Utilitie of the City of Englewood; Denver shall pay all c ost therefor. 6. En lewood re erve the right to ma e in pection of the connection nd appurtenant facilities at any t1•e dur1n the oper tion of the Agreement. -2 • • • ·- - • •• l • • 9. The cost of processing sewage to be paid by Denver to Englewood shall be on metered flow at the rate of forty cents per one thousand gallons of sewage. In the event of malfunction of the meter, Engle- wood's Director of Utilities shall be allowed to estimate the sewage that has entered the sewer line and Denver shall make its payment based upon such estimate. Charges shall be billed by Engle- wood quarterly and shall be paid by Denver within thirty (30) days of the date of billing. The rate of forty cents per one thousand gallons of sewage shall be reviewed after two years from the date hereof and may be modified in relation to the then existing value of the dollar. 10. During the existence of the Agreement, Denver, at its expense without cost to Englewood, shall procure and maintain a liability policy covering the premises; bodil y injury limits not less than fifty-thousand dollars ($50,000.00) as to any one person, two -hundred fifty thousand dollars ($250,000.00) as to any one occurrence, and with a property damage limi of not less than twenty -fi thou and doll r ($25,000.00) for any one occurrence. 11. re ok d at an ti•e S ct1on 2. it hall find and nd ne ce sity or en ral welf re r quires 1d ri of revoc t1on wi thin ly r d o the Ci y of 11 or n O ' • • • Read by title and passed on Final Reading on the 1st day of December, 1975. Published by title as Ordinance No. on the 3rd day of December, 1975. Mayor ATTEST: Ex Officio City Clerk-Treasurer , Series of 1975, I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on Final R ading and published by title as Ordinance o. , Series of 19 S. Ex Officio City Clerk-Treasurer ' • • , - • INTRODUCED AS A BILL BY COUNCILMAN BROWN BY AUTHORITY ORDINANCE NO._Jjp__, SERIES OF 1975 AN ORDINANCE AMENDING SECTION 2 AND SECTION 44, CHAPTER 2, TITLE XII OF THE 1969 E.M.C. PROVIDING FOR AND REQUIRING PERMITS AND FEES FOR SIDEWALK, CURB , GUTTER AND/OR DRIVEWAY CONSTRUCTION; REVI SING EXCAVATIO PERMIT FEES; PENALTY FOR FAILING TO OBTAIN EXC AVATION PERMIT, AND PROVIDING A CHARGE FOR SPECIAL STATEMENTS. NOW, THEREFORE, BE IT RESOLV ED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD AS FOLLOWS: Section 1. That Section 2, Chapter 2, Title XII of the 1969 E.M.C. hereby is amended to read as follows: 12 -2-2 PERMIT REQUIRED A D PERMIT FEES (a) It shall be unlawful for any person to construct any sidewalk, curb, gutter, curb cut, or driveway within the city limits without first obtaining a permit therefor from the Director. Such permits will be issued only to regularly licen ed and bonded co n c rete contractors who post with the city an annual performance bond in the amount of two thousand dollars ($2 ,000), or to a homeown r for the property in which he owns and reside . The permit h 11 expir nine y (90) days fter the d y of i sua n ce. (b) FE S Cll RGED FOR A PER IT TO O. STRUCT A Y SIDEWALK, CURB, GUTTER , CURB CUT, OR DRIVE WA Y A DESCRIBED HEREI WILL BE AS FOLLOWS: D GUTTER A D/OR SIDFWALK TRUCTIO , I CLUDI G STA I G D l PECTTO -FIRST 75 LI ·AL F T OR FRACTIO . TUER OF ------------···-------$30.00 EACH ADDITIO AL Ll "EAL FOOT ----------------.3 l Z.00 b .00 4. 0 • • ·- - • • I • 0 I • - CURB AND GUTTER AND/OR SIDEWALK REMOVAL AND REPLACEMENT, INCLUDING INSPECTION -FIRST 50 LINEAL FEET-------------6.00 ADDITIONAL 50 LINEAL FEET OR FRACTION THEREOF------------------------------4.00 Section 2. That Section 44, Chapter 2, Title XII of the E.M.C. hereby is amended to read as follows: 12 -2-44 PERMIT FEES Applicants for excavation permits may elect to use either of the two following alternative methods for paying permit fees: (a) If payment of the appropriate permit fee is made according to the following table when the work is completed and the excavation is properly backfilled, the City shall be responsible for final resurfacing of the opening: Paved Public Ways: 2 ft. by 4 ft. excavation (8 sq. ft.)---$32.00 Each additional square foot -------------4.00 Partially Paved Public Way: 2 ft. by 4 ft. excavation (8 sq. ft.)---16.00 Each additional square foot ------------· Z.00 Unsurfac d Public W ys : 2 ft. by 4 ft. ex v tion ( q. f .)---.00 Each ddition 1 quare foot -------------1.00 (b) ALL FEE SHALL BE 0 UBL D FOR STARTI G WOR WITHOUT A PERMIT . ( ) • 2 • ' • • ·- , • I • •• • Introduced, read in full and passed on First Reading on the 3rd day of November, 1975. Published as a Bill for an Ordinance on the Sth day of Nove•ber, 1975. Read by title and passed on Final Reading on the 1st day of December, 1975. Published by title as Ordinance No.~, Series of 1975, on the 3rd day of December, 1975. ijayor ATTEST: Ex Officio City Clerk -Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance, passed on Final Reading and publi hed by title as Ordinance No.~, Serie of 1975. ~x Officio City Clerk -Treasurer • 3 - •. ' • • ·- (' • • • •• I• • INTRODUCED AS A BILL BY COUNCILMAN~-~~~-==::..-:==-~- A BILL FOR AN ORDINANCE REZONING A PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-2-A, RESIDENCE DISTRICT, TO R-1-C, RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. WHEREAS, pursuant to Section 22.3 of the Comprehensive Zo ning Ordinance, a public hearing was held before the City Planning and Zoning Commission on October 21, 1975, to re- zone a parcel of land hereinafter described, within the City, from R-2 -A, Residence District, to R-1-C, Residence District; and WHEREAS, said Planning and Zoning Commission ha~ con- sidered the proposed amendment and map change and disapproves the change in the ordinance, and has submitted a report there- on to the City Council; and WHEREAS, the applicants herein are dissatisfied with the recommendation and report of the Commission and have appealed to the City Council; and WHEREAS, the City Council has reviewed the recommenda- tion and the report of the City Pl nning and Zoning Commis- sion; and WHEREAS, pursuant to Zoning Ordinance a public Council on to the above designation; Section 22.3 of the Comprehensive hearin was held before the City to r zone said parcel ccording nd WHEREA S , public nee ity, convenience, health, afety, the ener l w lfare nd ood zonin pr ctice ju tify the proposed ndm nt to the Official Zoning M p a h r inaf er et forth; OW, THEREFORE, B IT ORDAi D BY TH CITY COU CIL OF THE CITY OF E GLEWOOD, COLO 00, AS FOLLOW c oon l . Th R·2·A, R o l 1 o i d nc n de cr1 d pro r Di rit,to ·l ·C,R .' • • ·- • Section 2. •• (• • Beginning at a point on the centerline of East Kenyon Avenue at its intersection with the centerline of the Broadway/Lincoln alley; thence east along the centerline of East Ken- yon Avenue to the centerline of the Sherman/ Grant alley; thence south along the center- line of the Sherman/Grant alley to its inter- section with the centerline of East Oxford Avenue; thence west along the centerline of East Oxford Avenue to the centerline of the Broadway/Lincoln alley; thence north along said centerline to the point of beginning. The Official Zoning Map of the City of Englewood, Colorado, hereby is amended accordingly. Introduced, read in full and passed on First Reading on the 1st day of December, 1975. Published as a Bill for an Ordinance on the 3rd day of December, 197 5. Mayor ATTEST: Ex Off1c10 City Cierk-Tre ur r I, Willi m D. J me , doh r foregoing is a true, accura Ordin nee, introdu ed, re d on th 1 t d y of O ce•b r, hat th •. • • ·- • • • • • •• t• . ' - INTRODUCED AS A BILL BY COUNCILMAN ~l.E;""!>"Sf-US A BILL FOR AN ORDINANCE AMENDING CHAPTERS 4, 8 AND 9, TITLE V, OF THE 1969 E.M.C., REPEALING SUBSECTIONS (b) AND (c), SEC- TION 12, CHAPTER 4, TITLE V, RELATING TO ANNUAL SICK, MATERNITY, FUNERAL AND HOLIDAY LEAVES; INSURANCE AND RETIREMENT BENEFITS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1 5 D That Sections 1, 7, 13, 15 and 17, Chapter 4, Title V of the 1969 E.M.C. hereby are amended to read a follow : 5-4-1: ANNUAL LEAVE (VACATION); ACCRUAL; QUALIFICATIO S (a) All employees in the classified service, except those employees classified under Section 5-6-10 (Fi re Department), working a forty -hour week, shall be entitled to fifteen (15) days of annual leave each year. Annual leave shall accumulate monthly at the rate of one and one -fo urth (l~) days per month of active service. In order to qualify for annual leave credit during the month, the employee must receive pay for at least one half (~) of the working day s of that month. An - nual leave s h 11 not be granted to any employee until he h s been in th employ of the City for at least six (6) con ecutive •onths . For tho se employees having le s than ten years of continu - ou service the maximum accumulation of annual leave hall be thirty (30) day . (b) half (7i) nu l 1 av n Y th in the cla ified e rv ice • 1 -• • , ·-• •• - .. of active service and maximum accumulation shall be three-hundred sixty (360) hours per annum. Qualification for annual sick leave shall be the same as other classified employees. (c) After ten (10) years of continuous service all employees in the classified service, except those employees classified under Section 5-6-10 (Fire Department), shall receive one-and-one-half (l~) days of annual leave per month of active service, and firefighters shall receive nine-and -one-half (9~) shifts of leave for each year of continuous service. The maximum accumulation of annual leave for all classified employees, other than firefighters, working a forty-hour week, shall be forty (40) days; and for firefighters said maxi•u• accumulation shall be four-hundred sixty-eight (468) hours. (d) Annual leave shall neither be authorized nor computed for any purpose after the maxiaua accumulations of said leave have been reached. 5-4-7: SICK LEAVE; USE (a) Authorization for sick leave shall be granted only for the following reasons: (3) ILLNESS OF THE EMPLOYEE'S SPOUSE OR CHILDREN WHICH NECESSITATES THE EMPLOYEE'S ABSENCE FROM SERVICE. (b) Sick leave hall be allowed only to the total aaount accuaulated at the beainnina of a leave, as verified by the Personnel 9ffiee DEPARTMENT . 5 -4 -12: SICK LEAVE; INJURIES I TEMPORARY; TOTAL DISABILITIES (b) Repealed. (c) Repeal d. ( OT : Th s ~rOV S on are no conta n d 1n Titl s 1 I nd Xl of Cod . ) • 2 - ' • • ·-• •• • .. . 5-4-13: MATERNITY LEAVE Pregnant employees shall be granted a maternity leave of absence without pay as follows: (a) Pregnant employees shall be granted maternity leave of absence without pay for a period of time up to but not exceeding four (4) weeks. (b) Employees granted maternity leave shall have the option of using accrued annual leave ~ith pay for all or any portion of said four (4) week period. 5-4-15 : FUNERAL LEAVE The appointing authority may grant leave with pay to an employee to attend the funeral of a member of the em- ployee's faaily. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed five (5) working days. For the purposes of this section, "employee's family" shall mean the children, GRANDCHILDREN, parents, GRANDPARENTS, brothers and sisters of the eaployee or of the employee's spouse. 5 -4 -17: OFFICIAL HOLIDAYS (a) The followin& days shall be considered official paid holidays by the City: (11) ew Year's Eve: Deceaber 31. (Except ea - ployees on shift work.) Section 2 That Se c tion 2 , Chapter 8, Title V, of the 1969 E .M.C. is hereby nd e d t o r ad a s fo l lows: -l . • . ' • • • , -• .o • 5-8-2: INSURANCE BENEFITS The City Council may, from time to time, authorize by motion or resolution, the expenditure of City funds for the payment of premiums for life, medical, dental, hos- pitalization, disability insurance, or portions thereof, for all City employees, OR CITY EMPLOYEES RETIRED PURSU- ANT TO THE PROVISIONS OF THIS CODE OR STATE STATUTE, or any part thereof, provided that a sufficient sum is ap- propriated for the payment therefor. Section 3 That sections 3, 12, 16, 19, 24, 36 and 37 of Chap- ter 9, Title V, are hereby amended as follows : ARTICLE II -ESTABLISHMENT OF RETIREMENT PLAN AND DEFINITION. 5-9-3: DEFINITIONS Whenever used in the Plan, the following terms shall have the respective meanings set forth below, unless the context clearly indicates otherwise: (W) "FINAL AVERAGE MONTHLY COMPENSATION" SHALL MEAN THE AVERAGE MONTHLY COMPENSATION RECEIVED BY THE MEMBER DURING THE LAST FIVE (5) CONSECUTIVE CALEN- DAR YEARS. 5-9-12: ARTICLE V -CONTRIBUTIONS MEMBER CONTRIBUTIONS EFFECTIVE JANUARY 1, 1976, NO MEMBER WILL BE REQUIRED OR PERMITTED TO CONTRIBUTE TO THE PLAN. ARTICL VI -RETIR M T DAT S ORMAL RETIREME T DATE Th nor 1 r tir • nt date of a • •b r hall b day of th cal ndar •onth coinc1d nl with or next hi 6Sth b 'r hday, -t -ft r-ary ·l1 ·197 • 4 • th first ucc din& • • • • • 0 • 5-9-19: DISABILITY RETIREMENT A member shall be eligible for a disability retirement if his employment ~·ith the City is terminated by reason of disability, provic ~d he has completed five or more years of credited service. Payment of a disability retirement bene- fit shall commence as of the first day of the mon h next following th date of retirement, provided the e b r is not covered by the City's Long-Term Disabil1 y Plan. If the member is covered by such Long-Term Di s abili Plan, p ayment of the disability retirement benefit pro ided h e r eunder shall commence o n the first day of the month next fol l owing hi normal re t ireme nt date. The la payment shall be made a of the first day of the month in which the death of th e retired member occurs or his disabili cea e , which- ever first occurs. If disability ceases on or after his nor- mal retirement date and he does not return to full -time em- ployment with the City, his disability retire ent benefit shall be continued in the same manner as if hi di a ility had continu d. If the retired member's disability ceases prior to his normal retirement date, and he i not reemployed by the City, and if he had met the requirements for an early or deferred vested retirement benefit on the date of his re- tirement for disability, he shall be entitled to receive, commencing on the first day of the month next following his normal r tirement date, a retirement benefit equal in amount to the early or deferred v ted retirement benefit to which he would have been enti led, as of the date of his disablem nt, consid ring hi compensation and credited service as if he h d no disability; provided, however, if the member r que t th comm ncement of hi early or de - f rred ve t d r tirement b nefit a of the fir t day of th month n x followin hi SSth birthday, or a of h first day of ny ub equ nt month which precede hi normal r tirement d e, hi r tire ent b nef1t h 11 commence of the be inning of the month o requested, but the mount th reof hall be redu c ed in ord nee with S ction 5 -9 -ZZ b ed on the numb r o f by whi c h the ar ing d te of th b n f 1 t nt pre c de th me b r's normal -5 - hl th n pr o- • • • • Notwithstanding any other prov1s1on of this section, no member shall qualify for a disability retirement if the Board determines that hi s disability results from (a) addiction to narc otics or hallucinogenic drugs, (b) an injury s uffered while engaged in a felonious or criminal act or enterprise, or (c) service in the armed forces of the United States which entitles the member to a veteran's disability pension. Disability under the plan shall be considered total and permanent if, on the basis of a medical examination by a doctor or clinic appointed by the Board, the Board finds th at the member ha s a phy sica l or mental condition which totally and presumably permanently prevents him from engaging in any substantial gainful employment with the City. The Board shall, however, have the right to waive th e requirement for a medical examination if it is determined that such an examination is unnecessary. Disability shall be considered to have ended if, ~rior to his normal retirement date, the member (a) engages in any s ubstant ial gainful activity, except for s uch employ - ment as is found by the Board to be for the prim3ry purpo e of rehabilitation or not incompatible with a finding of total and permanent disability, or (b) has sufficiently recovered, in the opinion of the Board based on a medical examination by a doctor or clinic appointed by th e Bo rd, to be able to engage in regular employment with the City and refu ses an offer of employment by the City, or (c) refuses to undergo any medi c al examination reque ted by the Board, provided th t a medical ex mination hall not be required more frequently th n twice in ny calendar ye r. ARTICLE VII -R TJREMF. T S-9-Zl: ORMAL RETIREM Upon retire memb r h (10) y 1/12 (a) IT FIT h ret1r d for t efte ·t h L TH • • f ·-• 0 I • • (b) FOR CURRENT SERVICE: 1.3 % OF FINAL AVERAGE MONTHLY COMPENSATION, MULTIPLIED TIMES THE NUMBER OF YEARS OF CREDITED CURRENT SERVICE. 5-9-24: DISABILITY RETIREMENT A MEMBER WHO MEETS THE REQUIREMENTS FOR A DISABILITY RETIREMENT BENEFIT AND WHO IS NOT COVERED BY THE CITY'S LONG-TERM DISABILITY PLAN SHALL RECEIVE A MONTHLY AMOUNT WHI CH SHALL BE COMPUTED AS FOR EARLY RETIREMENT UNDER SECTION 5-9-22, BUT WITHOUT REDUCTION. A MEMB ER WHO MEETS THE REQUIREMENTS FOR A DISABILITY RETIREME T BENEFIT AND WHO IS COVERED BY THE CITY'S LONG- TERM DISABILJTY PLA , SHALL REC EIVE A MONTHLY AMOU T COM - ME Cl G 0 THE FIRST DAY OF THE MONTH NEXT FOLLOWING HIS NORMAL RETIREME T DATE A D COMPUTED AS FOR A NORMAL RE - TIREME TU DER SECTIO 5-9 -21, CO SIDERING HIS FINAL AVER- . G MO THLY COMP ENSATIO AT THE DATE OF HIS RETIR EME T FOR DJ ABILITY A D THE CREDITED SERVICE HE ACCUMULATED DURING TH PERIOD 1 WHICH HE RECEIVED LO G-TERM DISABILITY BENE- FIT . s--L ( ) l b ) Zl 0 QU 5-9 -37: ARTlCL ERA CE BE EF ITS CREDITED SE RVIC E a memb r hall resign or be di c harged of the City prior to his no rmal retirement year of c r edi t ed service, th sh 11 be ntitled under th i plan ACCUMULATED CO, TRIBUTIO BY TH · M MB ·R UB- • • ·- ( • 0 I• • (a) IN THE EVENT THAT A MEMBER SHALL RESIGN OR BE DIS- CHARGED FROM THE SERVICE OF THE CITY PRIOR TO HIS NORMAL RETIREMENT DATE AND HAS FIVE (S) OR MORE YEARS OF CREDITED SERVICE, HE MAY ELECT EITHER: (i) TO LEAVE HIS ACCUMULATED CONTRIBUTIONS ON DEPOSIT IN THE FUND AND BECOME A VESTED MEMBER, OR (ii) TO RECEIVE IN LIEU OF ALL OTHER BENEFITS A REFUND OF HIS ACCUMULATED CONTRIBUTIONS PLUS 2\ OF THE COMPENSATION RECEIVED BY HIM SUB- SEQUENT TO DECEMBER 31, 197S. IF SUCH A MEMBER FAILS TO ELECT EITHER OF THE ABOVE WITHIN NINETY (90) DAYS AFTER HIS DATE OF TERMINA- TION FROM THE PLAN, THEN HE SHALL BE DEEMED TO HAVE ELECTED TO LEAVE HIS ACCUMULATED CONTRIBUTIONS ON DEPOSIT A D BECOME A VESTED MEMBER. (b) A VESTED MEMBER SHALL BE ENTITLED TO A DEFERRED RETIREMENT BENEFIT WHICH SHALL BE 100\ OF THE RE- TIREMENT BENEFIT EARNED TO THE DATE OF TERMINATION OF HIS MEMBERSHIP. (c) SUCH DEFERRED RETIREMENT BENEFITS SHALL COMMENCE ON THE FIRST DAY OF THE MONTH FOLLOWING THE MEMBER'S NORMAL RETIREMENT DATE. (d) IN LIEU OF RECEJVI G THE DEFERRED RETIREME T BENEFIT UPON THE ORMAL RETIREMENT DATE THE VESTED MEMBER MAY ELECT TO RECEIVE A REDUCED RETIREMENT BENEFIT BEGIN - NING 0 THE FIRST DAY OF ANY MO TH SUBSEQUENT TO HIS ATTAI NT OF AG FIFT -F IVE (SS). THc REDUCTIO SHALL BE THE SAM S PROVIDED I SECTION S-9-22. ( ) A VE TED MEMB ER MAY ELECT AT AN TIM PRIOR TO HIS R TIREM NT DAT· TO REC IE I LIEU OF ALL OTHER BENE- FIT A REFU D OF Y ACCUMULATED CO TRIBUTIONS AS OF TH DAT OF THE R FUND PLUS 2\ OF THE COMP SATIO REC IVED Y HI UBSEQUE T TO DECEMBER 31, 1975. tlOn 4 in J in th or ndua o uni lP 1 aploy . ' • • • (~ • •• • tion and the City are scheduled to become effective January 1, 1976, and i t i s imperative that this ordinance be in effect at that time, the City Council, there f ore, finds and determi n es that an emergency exists and that the passage of the within ordinance is necessary for the immediate preservation of property, health, peace and safety. Introduced, read in full and passed on First Reading on the 1st day of December, 19 7 5. Published as a Bill for an Ordinance on the 3rd day of December, 1 97 5. May or ATTEST: Ex Off1c10 City Cle rk -Treasu r e r I , William D. J am es , d o hereby ce rt ify th a t t h above nd foregoing is a tru e , a ccu r ate n d comple t e copy of a Bill for n Ordi nance , i nt roduced, r ead in full , a nd passe d on Fir t Re di ng on the 1st d y of December , 19 5 . Ex 0 F£1c10 C1t ct • . • • • , • • • • 5 t INTRODUCED AS A BILL BY COUNCILMAN ~~~~~~~~~~~ A BILL FOR AN ORDINANCE REPEALING AND RE -E NACTING SECTIONS 8 AND 9 OF CHAPTER 1, TITLE XI, OF THE 1969 E.M.C. BY ADDING NEW SEC- TIONS THERETO RELATING TO POLICE PENSIONS, SPECIAL FUNDS, RETIREMENT BENEFITS, DISABILITY, AND REFUNDING CONTRIBUTIONS TO THE POLICE PENSION FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE- WOOD, COLORADO, AS FOLLOWS : Sec tion 1. That Sections 8 and 9 of Chapter 1, Title XI of the 1969 E.M.C. hereby are repealed; and new sections to be numbered 8, 9, 10, 11 and 12 hereby are added thereto to read as follows: 11-1-8: POLICEMEN'S PENSION FUND; POLICE OFFICERS' BENEFIT FUND, SPECIAL FUND CREATED. (a) The City of Englewood does hereby elect to con- tinue to participate in the police pension fund, in accordance with the provisions of Title 31, Article 30, Part 3, Colorado Rev ised Statutes, 1973, as amended, save and except to the extent the provision of this ordinance sup rsedes any provision of aid tatutes. (b) There hereby i created a special fund t o b nown a "Police Officer ' Benefit Fund" for the purpo e of payin tho e benefits accruing to police offic r , pur uant to the provisions of this chapter, a 11 a Title of the official City Code. (c) Th City h 11 make co ntribution to s id Pol1ce Offic r ' Benefit fund of two-tenths of on per- cent (2/10 of 1\) of the total of poli officer ' al ries monthly, to finance the hen fi provid d herein. (d ) • • ·- • • • 11-1 -9: • •• - th~ power from time to time, as the need may arise, to transfer any sur plus monie s r es ulting in said Police Officers' Benefit Fund to "Police- men's Pension Fund" of the City. POLICE OFFICERS; PERMANENT DISABILITY Should any police officer become permanently disabled, whether as a result of an on -the-job or an off -the -j ob in - jury, so that said officer becomes eligible for the total disability benefits provided under the Police Pension Fund, the City shall pay, out of the Police Officers' Benefit Fund, in addition to any benefits to be received by the police of - ficer from the Police Pension Fund, an amount equal to twenty percent (20\) of said officer's salary, so that said officer s hall re c eive a total of seventy percent (7 0 \) of sal ar y , fifty percent (SO\) from the Police Pen si on Fund, and twenty percent (20\) from the Pol ice Officers' Benefit Fund. In th e e vent that the Englewood Police Pension Fund does ~ot provide fo r the disability benef i t for any reason, the Police Officers' Be nef i t Fund shall provide seventy percent (70\) coverage. The City shall cont inue such payments until suc h time s the police office r would ha ve been eligible to recei e nor al non-di ability retirement be n efits payable from the Police Pen ion fund . 11 -1 -10 : RETIREMENT BE FITS Any pol ice officer wh o ha ttain d the a e of f1f t -fi (SS) yea r s a nd ha twent (20) or more y ar of er dit d serv- ice with th e En lewood Police Depa rt • nt, or a •e• r who ha twenty -five (25) year or more of redit with aid n le ood Police Department, re ardl s of age, hall be li 1ble to re -~eive servic retirement p n ion ba ed on the polic of icer' fin l bas pay, allowing two -a nd -one-half percent (Z~\) for each of he first twenty (20) years of acer dited rv1ce, plu on perc nt (l\) for ach additional year of acer d1ted ervice, to maximum of sixty-five p rcent (6St). Calcul tin th ba e p y an the aver ge alary received as a •ember of aid depar - n for one year b fore r nting id pen ion. P n ion paym n h 11 b m d in qual monthly in t llm nt to the • • r. -z - .· • • • • . o • 11 -1-11: LEAVING PRIOR TO ELIGI BILITY Should any police officer leave the service of the City prior to becoming eligible to receive a pension, for any reason other than death, and said member has less than five years of credited service at termination, he shall be entitled to a refund of his total contribution without interest; or if said member has five (S) or more years of credited service at termination, said officer may elect either 1) to receive deferred monthly benefits payable beginning at age fifty -five (SS) based upon the member's final base pay, allowing two -and-one -h alf per - cent (2~\) for each of the first twenty (20) years of accredited service plus one percent (1\) for each additional year of accred - ited service to a maximum of sixty five percent (6S\) of base pay or, 2) receive a refund of his total contributions without in- ~PTP~~ 11-1-12: POLICE PENSION FUND INVESTMENTS In lieu of the provi sions of Title 31, Article 30, Section 312, C.R.S. 1973, the Board of Trustees of the Policemen's Pen- sion Fund of this municipality shall be governed by the follow- ing provisions, to wit : The Board of Trustees of the Policemen's Pension Fund in this municipality shall have power to draw on such Pen - sion Fund, from the Treasurer of the Policemen's Pension Fund, and may invest the same, or any part thereof, in the name of the Board of Trustees of the Policemen' Pen- sion Fund, in any security , bond, debenture, corporate obligation, stock, preferred or common, securities of any open-end or closed-end management ·typ investm nt company or investment trust and participations in com- mon trust funds, to the extent that such inve tment would be authorized investments by fiduciaries within this state, as set forth in Title 15, Article 1, Par 3, C.R.S. 1973, or any ub equent am ndment thereto, provid- ing that said board hall at 11 tim hold fix d nco obligation hav ng a boo valu or co t of not less th n x y perc nt (60\) of th total contr butions mad o s id Policemen' P n ion Fund, le th moun s pa1d out. All curities inv ted hall b d po lt d 1th th Trea - ur r of the Ci y of Englewood, a x officio Tr asur r of th Bo rd of Tru t of th Polic m n' P n ion Fund, nd ubject to th order of aid o rd. (Ord. No. 40, ri of l 69) -3 - • • ·- ( ' • 0 I• • Section 2. Inasmuch as the memorandum of understanding with the Police Benefit Association is scheduled to begin January 1, 1976, and it is imperative that this ordinance be in effect at that time, the Council, therefore, finds and determines that an emergency exists and that the passage of the within ordinance is necessary for the immediate preservation of property, health, peace and safety. Introduced, read in full and passed on First Reading on the 1st day of December, 1975. Published as a Bill for an Ordinance on the 3rd day of December, 1975. Mayor ATTEST: Ex Officio City Clerk Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full , and pa sed on First Reading on the 1 day of December, 1975. E Off1c10 City Clerk-Trea ur r -4 - • • , - r • • t• • INTRODUCED AS A BILL BY COUNCILMAN ~~~(;;-p'-'--V~-K-~,t:)'--~~ A BILL FOR AN ORDINANCE REPEALING AND RE-ENACTING SECTIONS 9 AND 10, CHAPTER 1, TITLE II, OF THE 1969 E.M.C., BY ADDING NEW SECTIONS THERETO RELATING TO FIREMEN'S PENSIONS, SPECIAL FUND, DISABILITY, PENSIONS AND DECLARING AN EMERGENCY. BE IT ORDAINED ~y THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1 That Sections 9 and 10 of Chapter 1, Title II, of the 1969 E.M.C hereby are repealed, and new sections to be numberd 9, 10, 11, lZ and 13 are hereby added to read as follows: Z-1-9: (a) FIREMEN'S ACCUMULATED CONTRIBUTIONSf REPAYMENTS; INJURY LEAVE AND DISABILITY PRE-RET REMENT BENE- FITS; SPECIAL FUND CREATED There hereby is created a special fund to be known as the "Firefighters' Benefit Fund" for the purpose of refund\ng accumulated c •ntributions to those fire- fighters coming within the provisions of this section, and to provide those funds necessary to pay the bene- fits accruing to firefighters, pursuant to the terms of this chapter. (b) The City shall make contribution to said Firefighters' Benefit Fund at a ~~e to be determined annually in the following aann~r: At least every three (3) years the City of Englewood shall have an actuarial study prepared relating to the Fire Pension Fund. The normal cost of the benefits afforded under both the Fire Pension Fund and pensions awarded under the pro- visions of this Code will be distributed annually into the two pen ion funds. The City's contribution into th Firefighters' Benefit Fund will be a figure derived by takin th normal cost perc~ntage derived in the actuarial study nd subtracting contributions mad by the employe , city nd tate, to the Fire- m n's Pension Fund. Th re ultant perrentage calcu - 1 ted annually will be paid fro• gen r 1 revenu s of th City into th Fir fighters' Benefit Fund. -1 - • • - ( • (c) 2-1-10: • . o • In addition to the powers and obligations imposed upon the Board of Trustees of the Englewood Fire Pension Board, by Article 30, Title 31, C.R.S. 1973, as amended, said board shall have all powers necessary to supervise and administer the terms of this section. In addition thereto, said board shall have the power from time to time, as the need may arise, to transfer any surplus aonies resulting in said Firefighters' Benefit Fund to the Firemen's Pension Fund of the City. FIREFIGHTERS; PERi>1AN EN T ~ISABILITY • Should any firefighter become permanently disabled, whether as a result of an on-the-job or off-the-job injury so that he becomes eligible for total disability benefits provided under the Fire Pension Fund, the City will pay, out of the separate existing 'Firefighters' Benefit Fund' an amount equal to twenty percent (20\) of said firefighter's salary in addition to any payments to be received by said firefighter fro• the Fire Pen- sion Fund, so that said firefighter shall receive a total of seventy percent (70\) of his salary, fifty per cent (SO\) from the Fire Pension Fund and twenty percent (20\) from the Fire- fighter' s Benefit Fund. In the event that the Fire Pension Fund does not provide for the disability benef its for any reason, the Firefighters' Benefit Fund shall provide for the entire seventy percent (70\) coverage. The City will continue such paymen t s until such time as the firefighter would have been eligible to receive normal retirement benefits under the Fire Pension Fu nd. 2-1-11: FIREFIGHTERS; RETIREllEH BENEFITS Any member of the Fire Depart•ent who ha s attained the age of fifty (SO) years and has twenty (20) or •ore years of credited service shall be eligible to receive a service retire•ent pension based on the employee's final base pay, allowing two -and -one half percent (2~\) for each of the first twenty years of credited erv · ice, plus one percent (1\) for each additional year of credited se rvi ce, to a maxi•um of sixty ·fiv percent (6S\). Calculatin& the base pay aeans the amount of hi monthly salary as of the date of hi retir •ent . P nsion paya nts sh 11 b a d in qual monthly in tallments to th mber. -2 • • • • • 0 I• - 2-1-12: FIREFIGHTER'S PENSION CONTRIBUTIONS; REFUND Should any member of the Fire Department leave the service of the City prior to becoming eligible to receive a pension payable from the Firemen's Pension Fund, for any reason other than death, and said member has less than five (5) years of credited service at termination, said firefighter shall be entitled to a refund of his accumulated contributions of the Englewood Firemen's Pension Fund. The term 'accumulated contributions' shall mean the sum of said firemen's contribution to the City to the Firemen's Pension Fund together with interest, if any, thereon, as may be determined by the Board of Trustees of said fund. If said firefighter has five (5) or more years of credited service at termination, the firefighter may elect either: (1) deferred monthly benefit payable beginning at age fifty (SO) based upon the member's final base pay, allowing two-and-one-half percent (2~\) for each of the first twenty years of credited service plus one percent (1\) for each additional year to a maximum of sixty -five percent (65\) of base base pay, or (2) receive a refund of his accumulated contributions. as set out above. 2 -1 -n : ( ) There i hereby created a special fund to b ~novn a the "Volunteer Firefi&hters' Pen ion Fund" for the purpo of paying statu ory benefit to volun - teer f i ref i &hter und r c ond i ion a provid d by Part 4, COLO R>.DO REVI SE D STATU TES , 19 73 , TITL 31, AR TI CL 30, as •• nd d . ( ) • 3 • • • • 0 • ,. An annual determination shall be made of the ne c essary allocation of the allotment between the Volunteer Firefighters' Pension Fund and the regular Fi refighters' Pension Fund. (c) Beginning January 1, 1975, the City of Englewood shall make contributions to the Volunteer Fire - fighter' s Pension Fund as determined necessary Section 2 to annually fund the pension benefit accumula - tions of the volunteers. The contribution shall be based on an actuarial study to be done at least every three (3) years. Pension benefits to volun - teers retiring after January 1, 1975, will be paid from these contributions. Inasmuch as the provisions contained in the Memorandum of Understanding between the Englewood Firefighters Associa - tion and the City are scheduled to become effective January 1, 19 76, and it is imperative that this ordinance be in effect at that time, the City Council, therefore, finds and determines that an emergency exists and that the passage of the within o rd i nan ce is necessary for the immediate preservation of property, hea lth, peac e and safety. Introduced, read in full and passed on First Reading on the is t of Deceaber, 1975. Publ is hed as a Bill for an Ordinance on the 3rd of December, 1975 . Ma yo r ATTEST: • 4 • that th abov t copy of a Bill and p s d on Fir t urer •. ' • • ·- • • .o I• • RESOLUTION NO.~, SERIES OF 1975. A RESOLUTJO APPROVI G AND ADOPTING THE CONSTRUCTIO OF A CQ~H:HH'fY CEN I ER FOR THE CI TY OF E GLEWOOD AS ITS OFFICIAL CE TE !AL-BICE TENNIAL PROJECT; APPROV- ING THE TEMPORARY EMPLOYME T OF ELWI D. BATCHELOR, A PROFESSIO AL FU D-RAISER, TO SUPERVISE THE ENGLEWOOD CAMPAIG TO RAISE FUNDS FOR SAID PROJECT; AND DIRECT- ING THE SALARY FOR SAID FU D-RAISER TO COME FROM VOL- UNTARY CONTRIBUTIO S, AND REPEALING RESOLUTION NO. 44, SERIES OF 1975. WHEREAS, the Eng lewood Centennial-Bicentennial Committee was organized by the City Council of the City of Englewood, Colorado, to provide direction and methods, in conjunction with state and federal agencies, to celebrate not only the nation's 200th Anniversary, but also the lOOth Anniversary of the State of Colorado; and WHEREAS, the Englewood Centennial-Bicentennial Committee has recommended that the official project adopted on behalf of the City of Englewood for said celebration, be the cons tru ction of a ee .. YAity cen. ter; and WHEREAS, it is desirable to secure financing for such project through voluntary contribu tion of resi- dent of the city and citizen who upport the i y tt11't r concept. 'O , THEREFOR , BE IT RESOLVED BY THE CITY COU CJL OF Tl! CITY OF E GLI:WOOD, COLORADO, AS FOLLOWS: Se tion l he City Council h rt king for a fund·r d Thou nd Doll r on of r 11 p ro th con . l . u of Ct on o t , d •. • • • 0 • to be an additional Five Hundred Thousand Dollars ($500,000). Section 3 Contributions received from h community (individuals and businesse s) m1y be de ignated a "living memorials" in memory of a loved one, friend, or business associate, said memorial to be placed in bronze plaque form in the appropriate area o f the new center in perpetuity. Section 4 Contributions received ay be pledged and payable over a three -yea r period, and that Cit Council hereby directs the City Manager to appoint a City employee to be responsible for all billing and collection of said pledges for and on behalf of the Englewood Centennial- Bicentennial Committee after the official discharge of said Committee. Section S Portions of the cen er may be open for memorializ - tion by indi idual or bu ine th t m y wi h to donate in exce s of Fifty Thou and Doll r (SS0,000). Sid amount m y be pay ble over a five-year peci 1 pledg progr m. In the e ent that no u h contribution i forthco ing, the City Council should hen re er e th right to n m the c nt r ppropri ely. . ction 6 t. ~.-.(. • l 1 th.£•, All und donat d, nd ny ru d 1 n t re t , 1 e in c •pa1gn, will donor should th xp n ·e incurred for th fund-r l propor t 1 r turn d to th n r no built. n LO th nd h th • • • • •• • Section 8 The City Manager is hereby directed to prepare, or to have prepared, the preliminary plans for the aforementioned center, which should include construc- tion cost estimates broken down into the many differ - ent areas of the center, thus enabling individual room memorialization apportionate to the community support. Section 9 That Resolution No. 44, Series of 1975, adopted and approved on the 15th day of September, 1975, i hereby expressly repealed. ADOPTED AND APPROVED this 1st day of December, 1975. Mayor ATTEST: Ex Off1c10 City Cl rk-Treasurer 1, Willia• D. James, Ex Officio Ci ty Clerk -T rea urer of the City of Englewood, Colorado, do hereby certify that th abo e and foregoing is a true, a curat and co•plet copy of th Re olution o.~~• erie of 1975. . ' ' • • - .. • • • .0 • INTR ODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO . ...d.1__, SERIES OF 1975 AN ORDINANCE APPROPRIATING MO IES FOR ALL MUNICIPAL PUR- POSES IN THE CITY OF ENGLEWOOD, COLORADO, I THE FISCAL YEAR BEGINNING JANUARY 1, 1976 AD ENDI G DECEMBER 31, 1976, CONSTITUTING WHAT IS TERMED THE A NUAL APPROPRIA- TIO BILL FOR THE FISCAL YEAR 1976. OW, THEREFORE, BE IT ORDAi ED BY THE CITY C0UNCIL OF THE CITY OF E GLEWOOD, COLORADO, AS FOLLOWS: Section 1 That ther be and there is hereby appropriated from the revenue deriving from taxation in the City of Engle- wood, Colorado, from collection of license fees and from all other sources of revenue during the year beginning January 1, 1976 and ending December 31, 1976, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows; to wit: GE ERAL FU. D Legislation nd Council Man gement Public Works Fire Police Co unity D velopment Libr ry P r s nd R er ion Finance and Record TOTAL PU LIC Con truct1on of JOT c pit J prOJ ct Tot 1 t r nt rpn s 172,503 169,903 1,354,769 1,334,760 1, 30, 51 20,924 266, n 957,967 559 1 551 s '9 ,0 l $1, 00 ,000 0 Sl,390,253 ' • • f ·- • • •• • SEWER ENTERPRISE FUND Total Sewer Enterprise Fund $6,624,890 Section 2 The foregoing appropriations shall be considered to be appropriations to groups within a program or department with - in the fund indicated, but shall not be construed to be ap- propriations to line items within any group, even though such line items may be set forth in the adopted budget for the fis - cal year 1976. Section 3 All monies in the hands of the Director of Finance, or to come into his hands for the fiscal year 1976, may be ap- plied on the outstanding claims now due or to become due in the said fiscal year of 1976. Section 4 All unappropriated monies that may come into the hands of the Director of Finance during the year 1976 may be so distr ibu ted among the respe c tive funds herein as the City Council ma y deem be s t under s u c h control as is provided by law. Section S During or at the close of surplu mone y in any of the re for 19 75 again t the am have to any other fund or fund the fiscal year of 1975, any pective fund s , after all claims been paid, may be distributed he di c retion of the City Council. ln tr odu ~d , r e d in full, a nd pa ed a First Reading on the 3rd da of ovemb r, 19 75. Pu 11 h d a ovember, 19"5. Bill for n Ordin n on t he 5th da of of D ubll on h 3rJ le and pa s. b ti 0 0 Fin 1 R din on the da Or in nc r, 1 S. • 2 • o. __ , rie of 19 S, • • ·- • • • •• (• • Mayor ATTEST: Ex Offic10 C1ty Clerk -Treasure r I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed at Final Reading and published as Ordinance No. , Series of 1975. Ex Off1cio City Clerk -Treasurer -3 • • ' • • , .o • INTRODUCED AS A BILL BY COUNCILMAN JONES BY AUTHORITY ORDINANCE NO.~, SERIES OF 1975 A ORDI ANCE FIXING THE TAX LEVY I HLLS UPON EACH DOLLAR OF THE ASSESSED VALUATIO OF ALL TAXABLE PROPERTY WITH! THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 19 6. WHEREAS, it is the duty of the City Council of the City of Engle wood, Colorado, under the Charter of said City and Statutes of the State of Colorado, to make the annual levy for City purposes for the year 1975 due and payable in 1976; and WHEREAS, the City Council has duly considered the estimated valuation of all of the taxable property with- in the City and th e needs of the City for each of said levies, and has determined that the levies as herein - after set forth are proper and wise. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU CIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ection l Th t there be and here i hereby levied for the year 1975, due and payable a required by the Statutes in the ear 197 , a tax of 7.00 mills on he dollar for the Gen- er 1 Fund of the City of Englewood, Colorado. S t ion 2 Th t upon e prop "ood, b th lntroduc d, r on th rd d of Pu s h d y 0 R d b d 0 p full and pas d at Fir t R adin r, 1975. 111 or n Ord n nee on th d t 1 n l R d l n on h 1 ' • • , ·- • • t• • Published by title as Ordinance No. , Series of 19 7 5, on the 3rd day of December, 1975.-- Mayor ATTEST: Ex Officio City Cle r k-Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed t Final Reading and published by title as Ordinance No. , Series of 1975. Ex Officio City Clerk-Treasurer • t •. ' • • ·-• • 1 IHUUUltu A~ A B1LL BY CUUNClLMAN BLESSl G BY AUTHORITY ORDINANCE NO.~, SERIES OF 1975 AN ORDINANCE AD OP TING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR TH E FISCAL YEAR 1976. 6 c WHEREAS, pursuant to the provisions of Part I of Article X of the Charter of the City of Englewood, Colorado, adopted by the voters on July 8, 1958, a budget for the fis - cal year 19 6 was duly submitted by the City Manager to the City Council on September 15, 1975; and WHER EAS , a public hearing on the said budget was held by the Ci ty Council within three weeks after its submission at the meeting of the City Council on October 6, 1975, regu- lar notice of the time and place of said hearing having been published within seven days after submission of the budget, in the manner provided in the Charter for the publication of Ordinance; and WHEREAS, the City Council adopted Resolut ion No. S°'=>, Series of 1975, on the 3rd day of ovember, 19 5, sai~so­ lution amending the 19 7 6 budget. NOW, THEREFORE, BE IT ORDAi ED BY THE CITY COU CIL OF THE CITY OF E GLEWOOD, COLORADO, AS FOLLO S: Sec tion 1. That the budget of the Cit of Englewood, Colorado for the fisc 1 y ar 1976, a ub itted the Ci t y ~ na r and duly con idered by th Cit Council af er public h rin and a end d by R olu ion Si , rie of 1975, e and h i adop ed a h ud e he City of En le~ood for fi al 19"6. Section lntrodu on th 3rd d nd d and he City ufficient of d t ull, nd p r, 19 S. d t H _ R ad in •. ' • • - r ' • • ' • . o {• - .. lNlRUUUCtU A~ A BlLL BY COU ClLMA BLESSlNG BY AUTHORITY ORDINANCE NO . .!l!j_, SERIES OF 1975 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1976. 6 C::A WHEREAS, pursuant to the provisions of Part I of Article X of the Charter of the City of Englewood, Colorado, adopted by the voters on July 8, 1958, a budget for the fis- cal year 1976 was duly submitted by the City Manager to the City Council on September 15, 1975; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on October 6, 1975, regu- lar notice of the time and place of said hearing having been published within seven days after submission of the budget, in the manner provided in the Charter for the publication of Ordinance; and WHEREAS, th City Council adopted Resolution No . .5""'=>, Series of 1975, on the 3rd day of ovember, 1975, saia-Reso- lution amending the 1976 budget. OW, THEREF ORE, BE IT ORDAI ED BY THE CITY COU CIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the budget of th Ci y of Englewood, Colorado for the fi cal year 19 6, a sub itted b h C1 y ~ana er and duly con idered by th Ci t y Council after public h aring and a ended by Re olution No. SC , erie of 1975, be and h r b i adopted a h bud e ~th C1 of En le~ood for the fi cal year l. 7 • Section 2. That the aid am nd d and accepted h 11 b a public r cord in he 0 ice of the Ci y Cler and hall b op n to public in p c ton. Sufficien copies her of hall be aad a il ble or th u e of h Council and the pu lie, th b r of cop1 to b d termin d th Cit n er . Jntrodu d. on th rd d o in full, nd pa •b r, 1975. d t F"r t R ad1n • • ·-• •• I• • Published as a Bill for an Ordinance on the 5th day of November, 1975. Read by title and passed on Final Reading on the 1st day of Dec e mber, 1975. Published by title as Ordinance No. , Series of 1975, on the 3rd day of December, 1975. ~~ Mayor ATTEST : Ex Off1c10 City Clerk -Treasurer I, William D. James, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Ordinance passed on Final Reading and published by title as Ordinance o.~, Series of 1975. Ex Officio City Clerk -Treasurer . ' • . . I ' I 1 i • • ·- • • •• • b RESOLUTION NO. (;~, SERIES OF 1975 APPROPRIATING FUNDS IN THE WATER FUND . A RESOLIJTI WHEREAS, th City Council has by motion agreed to a settlement on th Dravo-AmaX Corporation court case. N , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY F ENG ' " AS FOLLOWS : section 1. The following appropr i ation is made in the Water Fund. Source of Funds Work ing Capital $86,355.58 Appropri t1ons source of supply $86,355.58 S ction 2. The city Han ger and Director of Finance are h r e by au horized to k th bov chang s to th 197 '> Budget. ADOPTED 1'N APPl'CVED THIS lat day of December, 1975 . yor x of lC 0 Ci ty Cl r •. ' ! l .. • • , ·- ' • t• • RESOLUTION NO. &,J -' SERIES OF 1975 A RESOLUTION AMENDING THE 1975 BUDGET IN THE PUBLIC IMPROVEMENT FUND . WHEREAS, the City Council has adopted a six -quarter budget for the period of January, 1976 through J une, 1977. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COONCIL OF THE CITY OF ENGLEWOOD as follows: ATTEST: section 1. The following appropriations are made in the Public Improvement Fund. Appropriations River Development Housing Total Section 2. $(150,000) 150,000 $ 0 The City Manager and Director of Finance are hereby authorized to -ke the above changes to the 1976 Budget of the City of Englewood. ADOPTED AND APPROllED thi • l•t day of Deceniber, 1975. Mayo r of ficio Ci y Clerk 1• a ru , 1975, pH I, 111 J ccura o, and com by Cl y Council o i y ha th aboV and o solut on d y of Dee .197s: x officio City Cl r I 1 • • • ·- - ., •• • MaOIRCI fWlDIAMM* Andy Mccown, City Manager MOM: Kells Waggoner ...a'1 DARTMOUTH & SANTA FE (• DA'llr November 20, 1975 Attached is a project agreement from the State Department of Highways to cover the construction phase of the Dartmouth and Santa Fe intersection. Previously, Council authorized a Master Agreement and an agreement for preliminary engineering, design, etc. (See attached memo.) By this agreement, we obligate the City for our share, approxi- mately $41,080 of the costs for construction of the improve- ments, excluding our share of the crossing protection costs. We have had our hearing before the Public Utilities Commission, but they have not made a ruling yet as to our share. We had previously estimated it to be 10 \ of the protection i nstalla- tion costs, or approximate ly $11,800. As of now, we are budgeted ($55,600) pretty close to our obligations and estimates: Design $ 2,080 Construction 41,080 R.R. Prot cti on 11,831 To tal --------$54,991 If:~:.:-,_., ........... ...------ Dir ctor of Public Works by agreement by th i s agreement 10 of total estimates • /l• A cha. • • • • • • • • •• • lhlrEl.QllPICI MIMOUNDUM Andy Mccown, City Manager "90lla Kells Wa g goner -.cf1 Dartmouth & Santa Fe 1b DATI: May 12, 1975 Attached is a project agreement from the State Department of Highways to cover the preliminary engineering, final design, plans and specifications, etc. for the improvement to the Dartmouth and Santa Fe intersection. Previously, Council authorized a Master Agreementwhich would cover all projects, but now, as specific projects are presented, need to approve separate project agreements. There will al80 ·· be a follow-up agr .... nt for con•truction on thi• project at a later date. .. By this aqreement, we obligate the City for our share, approxi- mately $2,080.00, of the costs to prepare all of the doCUJ11ents necessary to bid the project. This work is done by the State so that it matches all of their standards. We have sufficient information from both railroads now, and will be making application to the Public Utilitie• Comllli s sion for a crossing permit and request for funds for some of the crossing protection. Sincerely, ~ 0;; __ --,....,d <:s~--A~ Wagg o n r Di r ector of Publ ic Work s KW/ls A t ch. • • • ., • • 0 t• • M l.>.><+lJ.J W. Dartmouth STATE DEPARTMENT OF HIGHWAYS Santa Fe to JACK KINSTL.INGER DIVISION OF HIGHWAYS E . N . HAASE CHIEF ENGINEER 2000 SOUTH HOL.LY Mr. Kells Waggoner Director of Public Works 3400 S. El ati Street Englewood, Colorado 80110 Dear Hr. Wagg oner: EXECUTIVE DIRECTOR Hu r on •T •TC 0,. COL.OUDO DE:NV£" COLO"ADO 80222 November 19, 1975 DISTRICT 6 R . J . BRASHER DISTRICT ENGINEER DOH Ref. 06-00 Enclosed herewith are four copies of our Project Agreement for Federal-Aid Urb an System Construction Project M 7354(1), W. Dartmouth, Santa Fe t o Huron, in the City of Englewood. Please have this Agreement executed by the appropriate City officials at your earliest convenience as we will require an executed Agreement prior t o awardin the constructlon contract. Do not date the Agreement, but return three copi s with original signatures to this office for further handling, retaining the fourth copy for you r files. When the Agreement baa been sign d by all parties, it will b dated, and a fully executed a>py will be return d to you. !ncl. cc : er Very truly yours, R.ICHAR.O J. BRASHER District Engine r \ \ Urban Systeas Engineer • • ·-• .0 • M 7354 (1) W. Dartmouth Ave. Santa Fe tO Huron STATE DEPARTMENT DF HIGHWAY S DIVISION OF HIGHl~AYS -STATE OF COLORADO PROJECT AGREEl-lENT WITH CITY or ENGLEWOOD CONSTRUCTION PROJECT ON THE FEDERAL-AID URBAN SYSTEM ROADWAY WIDENING, W. DART-IOUTH AVENUE, SANTA FE DRIVE TO HURO STREET THIS AGREEMENT, made and entered lnto this ~~~day of ~~~~~~~· 19~~· by and belw en the STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS -STATE OF COLORADO, h reinafter referred to as the "Division ,• and the CITY OF ENG LEWOOD , STAT!: OF COLORADO, hereinafter ref rred to as th "Local Agency:• lfI TNESSETH: That lfll!:REAS, the Division and the Local Aqency have heretofore entered into a Master Agreement for Projects on the Federal-Aid Urban Syst...,, dated the 31st day of December, 1974, h reina!ter referr d to as th •,..ster Agreement;• and Wll!:REAS, the Diviaion and the Local Aqency have heretofor entered into a Project Agr emen dated the 19th day of May, 1975, for th acC011plishment of Prelialnary Engin ring, Design, and the Preparation of Plans, Specif1cations, and Estiaates for con- struction ot West Dartl90i;th Av ,. froa San a Fe Dri Stn<et: and Wll!:llEAS, said Pl •• S cif1cat ons, a d ltst aa es eo.ple d and a ccep ad •• f1nal y t 8 gh ay A lniatrat on 1r Al, , th LOC:al Ag cy d struction of said facility and r t a nt of fll6,t20.00 hid Ur IY• had ••• • l• D1viaion, to BIU'On •. I ' • • ·- • • •• • WHEREAS, the matching r a iu !or f' d eral-Aid Urban System Pro j ects for Fi s cal Year 1975-7 is 74.00\ rederal-~1d Funds to 26.00 Local l\gency Funds, ' in g understood t hat such r a tio applies only to such costs a ar eligl.bl for Federa l p ar t ici pa- tion, it being further und rs ood that all non-participa i ng costs are borne by th Local A ncy at 100 and WllEREl\.S, the Local Ag ncy h as estimat d the total c ost of said Construction to be $1 5 8,0 00.r~ and i prepared to match s aid Federal-Aid Funds with its share in the al"IOunt of $41,080.00 a s evidenced by an appropriate ordinanc or r solution du ly passed and adopted by th Local Ag ncy, a copy of wh i ch is attached h e reto and made a part h e reo! a s I:xhibit "A"; and WHEREAS. said ordinance or resolution as shown in Exhibit "A" also establishes the authority unde r ~hicb the Loc a l Agency enter• into this Agr t; and WHEREAS. tbi Agreement i• ex cuted by the Di v ision und r authority of Title 4l, Articl 2, Section 144, CRS 1973, as a!Mllded1 and lfHEREAS, the parties h e r e to desire to agree upon th divis ion of r esponsibilities with r egard to this Urban Syste Project. NC*. Tll%REP'O , in considerat ion of abo-, and t Divuion and 1111tual co-..an • nt forth h r inafter , Local Ag ncy do r y covenant and a r -as foll.,..•: l . Divis on will rrovid 1 a r..ocal A ncy tbrou ine r. Distr c Vl, lo at at 20 0 Sout lolly Str t, De vtr. Color 10211. a d Dtstrlc l. 2. &b to t 01v1s •fl at -· • la c str n Ir J t. I I • . • • , ·- I • • • • •• • 3. The D1vision will prov J<Jco fin al assernLl y of Plans, Specifi cat ions, and Contrac Documents and will be r esponsib le for advertising and taking of bids, and upon mu tua l concurrence by the Local Agency, th awarding of any con- •truction contract(s) t o qual1f1 d biddcr (s). 4. Th Division will b e responsible f or lhe supervision, with pcrLod~c inspec t ion s by th FHWA, of the cons tructi on of the Pro- ject, wh ich shall include, but not b limited to, field and off ic ngi n e-ring , insp~ction and materials testing , and traffic control through the Project area. S. The Local Agency v1 ll b e solely respons i ble for acquiring, at its own co•t and e~pcnse, any additional r ights of way r eq uired for the c:o11pletion of th Project, including any nece.ssary t~rary construction ase- ment• and/or eas.....,nts for detour during construction. 6 . The Local Ag ncy will be res pons i ble for obta nin9 proper clearance or approval froa 1. any utility COllpany v ic -y co 1n- vol~ in this ProJ ct, by s para a a ree- -nt, if necessary, Upol'I le 101'1 of eon a ru tton of h Pro- ct , h Local A9 n<'y JU lnt• n a d 0 ra • • i • own • • , all Of Ill • n• le r. .J 0 n " 5 all I Vil all , ~--------- •. ' • • I I -• •• • appli cable statutes and ordinan ces , an d regulat ions promu lg ated ~h rcun~er, ~hich define the Local Agen cy 's o l19at1on ~o aaintain ~ rects and stree (ixturPs. 8. After completion of cons truction , th~ Division and FHWA will make periodic in- •poctions of the i~p rovenen l s constru ·tttd on the Project unde r thi s Agre n 0 v rify that such improveme nts arc ~1n9 a dequately mainta ined un der h prov1sio • of Paragraph 7 above. t. The Division will adlll inia r th F ~ral-lU d l'unds f or this Project in a ccordanc w1 h th provisions o th & er Agr n vancing the n ceasary monies fro St• e Highway Supple nary Fund (2001 ), provided such monie s ar availabl fr<>111 that Fund. Costa incurred by th Division for the per- formance of any work under this Agree111Cnt or relativ to th a i n ia tration o thi Agre • all chara d t o he Projec 10. During t cour• of wor , th Di vision w 11 bill the LOcal A cy mon hly for i • abar of th Incurred co •· C011f> 1 e 1 on of th• construction thu Agr n arJ c J..• nc D1vialon, F A, DIVUIGft w111 I tlll und r r<"Of y t :I I 1i 4 'I .. , ; .. • • ·-• •• ·, • the Locnl J\gcncy \·•ill rrm1 to the U1vi ~ion the amount as bill ed. 11. During the performance of all wor under this Agreement, the part1 s hcrrlo agr to COJnply with Title VI of the Civil ~ig ts it.et of 1964, the salient points of ~hie arc show Exhibi t •c• at ached her to and ad a per hereof. 12. The parties here o a r to c .·ly with all cf the terms and ccnd1tio~• of th Master Agreement , unl ss in con!lic: with this Agr e- 9Cftt, 1n wh ich case the provision of t ia Agreement shall apply. 13. lt ia understood and agr cd by th p r ies hereto that t.he al!IOunt of 110ncy stated herein- 14. befor is based on at t.he ti .. of execution of this Agre nt,, and that such au is aubjcct to rev1aicn d , nd nt upon acceptable bid and award und r Para- graph 3. above . By indicating ita t"Oncurre c in •uch -•rd at the Aw ard Confer ne , Local Ag ncy, acting by or t ro COun 11, er duly author11 er f, e gre a to fund a tf r u1r c of hi• ProJ ct. r uired aatc:h "9 t u-ot f1 a l '"" 10. ,, .. a Ci y •.. .. .. I I • • ·-• •• • 15. The parties h eret o agr0c thnt this Agreemen t is contingent u pon all funds need ed for th Project hereunde r b ei ng made available fro Federal and Local Agency sources. Should th se sources, either redcral or Local Agency, fa il to provide n ecessary funds aa agrc d upon herein, this contract may be t rm1na cd by either party withou preJudic or liabllity to the other party, excop as provid d in ara- graphs I. and J., Art ie! IV of b 11Asl r Agreement. This Jlgree~ent, wh en ace pted and approv d by th Local "9 cy and the Division, shall c a suppl n al par of the o l.h benefit of and binding upon the parties, their aucceasora, and •••>gns. Financial oblige ions of th State of Colorado , pay l after th current fi•c•l year, are contin nt upon funds for that purpoH available. ing appropriat , budg tad, and otherviae -d Thie Agr d d valid until i a all ha proved by l Controller of ate or Colorado, or such uaut h y d a141 te. I I • • ·-• •• . ' • IN WI T :<ESS M ILRr.01 ', lhc por i<>s her!' o have causccl the for - going llgrcc~ent to be exccu cd th e day and year first above written. ATT T: O\i t Cl e rk APP ROI/ED: DAN S. WHITT RE St.ate Contrell r lly ATTEST• STAT~ OP COLORADO Pl lllRD O. LllM.'l C. VI' NOii STllT DEPART~ IT OP llIGf!WAYS DfVISlON or HIGHWAYS ny JACK ~JNSTLINCER J.:Xecu ive Director APPl10Vt:O: J. D. MACPARLAN Attorn y G n ral r CITY GI. O, COLOAADO 171 n ' . .. • . , • , DOM fO~• NO. '~l "·"· '497 .. STAT[ OEPART,.Etr.IT Of' HlGHW&TS DIVISION or MIG .. •••S sun or COLOPAOO • . o • DESIGN DATA EXHIBIT"B" SYST[ .. __ F;_e"""d_e.;;..r_a'-1_-_A_i_d--'U'-r_b....;a_n;_.. _______ _ P•GE l or l OATE-. ___ 10_;_/2_;/_7...;.5 ______ _ PR,J[C T NO. _ _:.M.:.._:Jc..:3:..:5;..4:..J(...:l:..o)'------- I U~GET NA•E-------------~ CO VNTY Englewood BUDGET AMO UNT , .. 1 .... 5"'8'-''-"o"'o"'o._ _____ _ •PPRO•l"ATE T£P•'1Nll W. Dartmouth Avenue, Santa Fe Drive to Huron Street -----"'·' PRESENT CONSTRUCTION: RO•O••Y WIOT" 40 t TYPC-----11.0.w. lllOTH---'6 ...... oc...·--SUHICl E .. CY llATING-------- PRESEt.T TRAfflC-----fACTOP-----•---Y(AqSI [lPANOEO r RAfflC f•VG. u• [Dl.A-------- HOPOSED CONS TPUCT I ON r O(SIGN SPEED-------TYPICAl SECTION TYPl---~ ..a. Of l•"ES -T>'15 CONSTPUCTI0"'._1_Ul.TIMATE- •IG~T Of •AY WIDTH -NOPMll------------~ rCO[RAl PARTICIPATION IN lllGHT Of WAY COSTS " ACCESS co .. TROl PECOM•ENOEO If "0 ACCESS CONTROL • &RE OUTER HIG•w•n RECO .. NENDED ..a. Of l'AJOll TRUCfURES 11[0 I D--"'-N"o"n.:.e:;._ ____ _ STPUCTUP(S TO P["AIN IN PlAClr Slit ... o. Slit. NO. 56 ft. (""R'° "' SHOULDER lllOTHS 2 ft. "EO!AN WIDTH SU?FACE MIN!NUH YE 0 •LSQ •ts O &PPROa • l(t. , .. l(1,G TH lYPE TOTAL 2 ft. Asphalt NOD NOD NOQt lCNGTH D .. WI DTH II T WIDTH •owY WI TH l<Y wlDf" LADT -----D+<•---- SUllf. TYPE M-l.OADl>•G M-lOAOl'IG K-lOADl'<G •-t.0401"6 "· PllQPD 0 T AT"E"T Of t.*ST A1oOA PO IAIDG£S TO ll[llAIN IN ~A C ----~L.A:::...------------------ Stop Sign1 d lo & gat M/A '" • . I I l ' • • • . o • P•r.E 2 or l OO!lf rofU4 NO. ,,,.3 M•Y• 1~74 OllE---=l-"'0,,,_/;::.2,_/7:...:5:..,_ ______ _ EXHIBIT "B" PROJECT "O• H 7354( 1) PEO •J IR(O INfOR••TION -NECESSlRT TO CO•PLEH fO NN I-A O·• ALL HDtllAL AID P RO JECTS: J. z. >- PJGHI Of w•Y1uTILlllES N/A ,., "UN8[P Of l'~RCELS !EST.I ESTIMATED COST NO. RESIDlr.ccs N/A EST. COST 181 PELOCU JON ASSISTANCF -.. o. llUSINl55[5 N/A [ST. COST "'°• ,. .. " .. ,. N/A CST. COST ICI UTILITY PHOCATJOM -[STINAT[O COST NA•Es or ""o"" ut 1un tOMPANIES---U~t~iwl~i.t.y......_~c~l.,,e.,,a~r ... a=-n=c,,,e-"w"'i,_,l._l,,_"'b"'e'"""o'"'b"'t..,a,._i,.,n=e"'d'-'b""y._ ... t""h"'e._,C..,i.._t..,y._"'o,,.f~--­ Englewood PJGHl Of IT PFSTAlCllONS• DEVIATIONS• ETC. There is no right of way required •nd if easeml!!nts •re neces••ry, they vill be obtained by the City of Englewood. N[P lCT Of I•~· PEOuJPfl'fNIS ,., f\JlL ~TATFl'ENI 0 NECi, SIATCNlNl 0 • REEVALU&TJOh 0 •• • f!N&l Ol!>ICM &l'f'ROVt.0 UN0(.11 PllOJ, "°· H 7354( l) O&TC Ill (NVIP £NTAL $ Tl'OY I• TOl'I I project fe cleard ·"" tg desfgpeted • pfpoc 1. lfN(.TH {ST l"ATCO COST ICI UCfl •Ir! I NVOl. V[IO( TS• DOT ACI •• ... Otl R Cl'f A Tl AR[A nsO ~ '· 1111.ourc OR 01cpro TUO ), MISTll"IC&I. $ITC y ,0 IO I 0.l(CT 6C •Al '"' ""-' llt:S It OJA$. UC.I > ll •• ' .. , "' .,., , .. V(O y 0 ICI '~------------- 101 ' I ,,. I • .... 1l1 ! ~ r . I • ·-• •• • EXHIBIT "C" Nond~•crunination Provisions: During th performance of this contract, the i:.oc.1 Aqency for it•elf, its aasiqneea and aucceaaors in interest (bere1n- •fter referred to as the •contractor•), agrees•• follows: A . Comlliance with R ~ulationa. Th Contractor wi l comply with t e gulationa of the Department of Transport•t1on r lative t o non- diacrimination in rederally-assisted proqrama of the Department of Transpor ation (Title 49, Code of Pederal Regulatio ns, Part 21, hereinafter rcferr d to aa ~h• •a ula iona•), whi ch are herein incorporat d by refer nee .tnd made a part or this contract. B. Nondiscrimination. Th Co n ra c tor, w1th regard to the work perfor d y h m a f er award and prior to co plet>on o f h con rac rk, will not discr1m1nate on th ground of race, color, or national or191n in • •e- lection and retention of Subcontractors, in- cluding procureaenta of materials and le .. e• of equipnent. The Contractor will not par i- c1pate either directly or indirectly 1n th discrl.Aination proh1b1ted by Section 21.S c. D. of the Regulations, includincJ mploy11en practice• when the con ract cover• a pro- gr •et forth in Appendix C of th 1ite9ulatiorts. I . I ' • • ·-• •• • EXHIBIT •c• E. Sanctions for Noncompliance. In the event of the Contractor's noncompliance with the non- discrimination provisions of thia contract, the Division shall impose such contract sanctions as it or the FKWA may determine to be appropriate, including, but not limited to: F. c. (l) Withholding of payaenta to the Con- tractor under the contract until the Contractor com lie•, and/or; (2) Cancellation , ermination or sus- pension o! the contract, in whole or in part. Governor'• Execut.iv Order. Th Contractor v.ill tile all aff.innal .ive action• nece••ary and appropriate to implement, not only the letter but also the spirit of, the policy of equality of opportunity as enunciated in the Constitution and the laws of th State of Co lorado and as construed by the court• to prevent d~&crimina- ion because of race, creed, color, sex, national origin or ancestry. lncorfliration of Proviaiona. The Contractor will nclUde the provision• of Pa raqrapha A t.br<>119h C in every aubcontrac , including pro- cu.,...nta of aateriala and lease• of ~ipment, unleaa e>ceiq>t by tha ulationa, orders, or inatruc ona iaaued pursuant thereto. The Con ract.or will tat such action with respect to any a ontract or procur ... nt aa the Division or the A aay dir c aa a .. ana of enforcing such provisions includi1>9 sanctions for n<>AC011pliance1 prov1d d, var, that, in tb• event the Contractor becoeea involved in, or ia threatened with, lit ation with a lube tractor or 1uppl er aa a result of 1uctl d rectio , the Contractor aay r u at t.h 01vi1 on to enter into •~eb 11ti9at1on o pro- eet intereata of I ate of Color do and Divi1ion, and , 1n ddlli Con tractor .. y req a A o nt r 1n s liti9at10 0 rro ln •r•• • o r l.l 1 ed ltatn. •. 111 • • - Andy Mceown , City Mana ger Kelle W&CJ90Der • •• -t • November 26, 1975 On llovellber ZS, lt75, we received notification from the Public Utiliti .. C.o.alaaion that a ruling had been made on the appor- tionment of 008ta for t:he railroad croaaing protaction device• to be inatalled in conjunction with the widening of the Dart- mouth-Santa re Driv. interaection. The Order atatea that t:he City i• to be allocated 30 \ of the coat, the railroad• lO•, and the Croeain9 Protection Fund,60t. In 'illy rnmm of lkwellber 20, 1975, I had recapped the coeta related to the Dartllout:h-Sant:a Pe interaection and bad eati- mated our share of the railroad croeain9 protection device• at 10\, or $11,lll. Thia Order increa-• that ..:>unt by $23 ,662; therefore, ad4itlonal monle• vill be needed in the Public Improve.ant Pund to complete both of the approv.d projecta along Dartmouth Avenue. A copy of the Order ia attached. JCell• Wag9oner !l irector of Public Work• ltW/la AtUcb. • •, • -• •• • (Oec1s1on :10. &70091 BEFOP.£ HIE PUBLIC UTILITIES COi 11SSIOll OF 111£ STATE OF COLOP.ADO Ill THE tlATTER Of THE APPLICATIO!I Of ) THE CITY OF EOIGLEUOOD, COLOP.ADO, A l r llCIPAL CORPORATIO!I , FOR AUTllORITl TO WIDCll AUD HISTALL SAFETY DEVICES AT HE cnOSSHIG AT A POJUT WHEnE THE l t11\lll LlllE Of THE ATClllSO!I , TOPEKA AllO SANlA FE RAil WAY CCl1PNIY AllD TllE OEllVER ArlD RIO GP.AUD£ WESTERll RAIL-) r.O'ID COllPArlY CROSSES WEST DARTllOUTH l AVEllUE UEAR THE lllTERSECTIOU Of llEST DARTllOUTH AVE.llUE AUD SOUTH SNITA FE DRIVE (U S HIGHWAY 3S), EllGLEWOOD , ) COLORADO ) APPLICATION NO . 28474 REC01111ENDED DECISION Of ROBERT L. PYLE, EXAMINER GRANll~G APPLICATION Novf!llber Z4 , 197S Appear1nct5. Ric Oellltt, C.q , Otnvtr, Colorado, or Ct 1 of Engll!'WOOCI, Appl cant. Ptttr J Cn!wse, Esq , vtr, Coloradc, for the A hon, TOpttl I Sant. fe P.a 11 1 CG111Pan1 , lo S , all r, Jr , Csq , Otnver, Colorado , for t Ot"ver lho Gr1nJe tsttrn llAltlroad "'' al'ld ""Goldberg, [Sq., Detlver, Colorado, for sslon. • . ' .. I ' • • • • I • - After due 1nd proper not1ce to 111 tnterened persons, f1nns, or corporations, the Ntter was set for hearing on Thur sdAy, October 23, 1975, 1t 10 1.m . in the Hearing ROGOi of the C01111ssion, 500 Columbine Building, 1845 Sherman Street, Oenv•r, Colorado, 1t which ti• ind place the aattor WIS heerd by Exami ner Robert L. Pyl•, to wllOlll it WIS duly usigMd. There were no obJect1ons f11ed wfth the C011111ss1on, and no pub11c witnesses appeared at the hur1ng. Test1mony WIS taken fro111 w1tnesses for the City of [ng l ewood and fro111 w1tnesses for the two r11lro1ds 1nvolved. Both r11lroad coi,.11nies dfd appear 1t the hHrfng, not u Protasllnts, but u their interestt mi ght 1ppear, 1nd specific11ly w1th regerd to the distribution of costs for the protection cl9v1ces. Eah1b1t Nos. 1 through 7 wr• tendored 1nd 1dnlitt•d 1nto ev i dence . Exhibit Hos. 8 through 13 were tendered and ,..,,1tted into ev1dence only to the eatant t 1t they esteblhhed the fact of tra in-car accidents at this 1nters•ct1on and to show traff1c devicu at t"9 M1rby 1ntarsKt1011 of Olrtooowtll Ave ue and Sout Santi Fe Orfv.. Ex ib1t No. 14 WIS reJecUd, and Eah1b1t Mos. 15, 16, and 17 wert 1 1ttad. At tilt ainch11ion of the i-r1ng, tht subJ•ct Ntter wes ti rider 1dv1s-t. Pursuant to the provisions of 10-6-109, tlS 1973, ExMtner rt L. ')1• now tran tu her•fth to tht C lssiOll the record alld ullfbiU of this procMding, together wit.II 1 wr tte rte-Nied decision tOlltli int his fhwl1ngs of fact and c 1u s 1ot11 the , t.oget •r wl t ord r or requ 1r nt. l aud upo 111 ll fart t It . r.cord, the following h foUl'd 1. Tiie Clty of Englwood h 1 pol1t1c:1l svbdhhion of the State of Colora located tn a COii" y, w1t 1 prntnt popu l at ion of 1 roa1 t•l1 lS,000 .,.rs ~s • ' • • ·-• .o I• • 4. Aut r.ma t;c r1'1road slgntl devices tre present ly 1n p11ce and 1n cperat · on at the crossing. They ire the stlndtrd type with flashing l1ght and bell. The s1gn1l dev1ce 1s located off to the right s1de of the road 1ppro•1mattl; eight feet high. In 1dd i t~on to the sttndard nllrcad s1gn11s , there are standard overhetd tr1ff1c s1gn1ls locettd to the HU ot the Santi Fe trock to control westbound vehicular traffic . Dartmo•th A.enue hu 1 single lane of trlffic going 1n either direction. There hoe been four train-car accidents It th1s •ntersect1on s ince No•ell'ber of 1971; one of which wu 1 htlllth two of which were property d..,.ge but no •11Ju•io and t e fourth, an injury and property dam.ge . There have 1ho been 14 re1•-end type eccidents at the croulng and 58 1cc 1.i.nt! at the 1ntenect1on of D1rt.outh Avenue and South Sanu Fe Drive dur>"9 the s-penod of t lllll!. 5. Exh·b•t llo. 3 15 1 drawing of the prop~sed upgrading of the crosnngs , as well H rt51gnal1ut l on of the Intersection et 01rtllouth Avenue and Soi.th S1nt1 Fe Drl.e. We are not here pr1mar11y concerned w1th the 1ntersect·on of Dartmouth Avenue and South Sanu Fe Drive; however, iu nearness to the railroad crossing makes it SOllll!th1ng to be cons•dered I n thu proceed ing becau51 of the need for r11lro1d pr1t91Ptlon of the tr1ff•c 11gn1ls at the Intersection. 6. The overall crossings (the two r11lro1ds and the inter• sect•on o• ~ou h S1nt1 Fe DT"lve and D1rtJllouth Avenue) are dep i cted by an art st 's concept on E•h'b1t No. s. General y West D1rtniout Avenut •s to be widened to fi.e l anes, three lanes wutbound and two lanes 11stbcund "'Ith a r1 -;ed Md11n separation. The signal devices at tlle ra'lro1d crouiRgs .; 1· ht•• the cantilever or overhead 119 t so th.t •~on• in ona of tlle ·n~·de lenes w11 1 be ab le to He t eve thoug the right hand laM has traff c In it. !Oates ere also to be insulled so that no vell1a.1ar traffic t•n be nopped and c&Jaftt o the r11ls of the crou1119 . As an •dClh lonal •vice, • bel l b also to be used. 7. Der111cuth A-•s • c 1v stNet " dht1nguhned fram a sute or F ral lligt,...J. The vehicular speed l1•lt the..-h JO• les per hour , and t trai n s?Md 11•1t h U a11es per !lour. Tner. are H•lfl tralfts go1Rg In HCh d rect1on HC 2'-hoiir perlof.. or 14 tra1"s go l fti thr;•g the crou 1n9 per z•~hour period. ty ag-nt be-n the S1Rta ft ard R·o &ra,.., the; use each ot ers' tracks so t. 1t all trains 90'"9 -t uu the Santa Fe track and 11 traifts go1ng sOlltl! use the RI O ~··-track . I . The cost of the 111tlre l11111rov nt Pf"O ect ta est1Nt8d at St J ,J11. "-••r, sl11t1 the Cl\) of [ft91 od 1s pay1119 for all llopro• ts H •ll u tM rul1J111lh1tl111 of t 1•tentct10tl of ..-tll •·-.-4 South ''nu Fe Drhe, there h 1111y Sll l,llO of t h fl wrt 1 l1cc1ted to ra•lroad cross! 9 prot.ctlOll • •en. I . t 1· 1 1•rtt •Oll of tlot S.nta Fe crossl"I 1S Ht Mtd et n ,:MO eN t s• ,.. ut Oii of the Rio (;rande cronl .. h st Mi.I at SU,910. ·l I ti .; : . • • ,, ' •. -' • • -• •• • time for the appro.ch of a tra1 n In either direction. The Santa Fe 1n- stallat1on •ill 1nclude a b1-d!rectlonal motion sensor system, which will l •mft signal acthat1on to train moveMnt towu'd the croufng prov1dlng mln•mum motorist delay ..tien lntel'lft1ttent tra111' operat1on occuri near the cross1ng . The Santa Fe a nd Rio Grande signal systems w1ll be 1nterconnected w1th each other and with the traffi c s1gnals at the Intersection of Dartllouth Avenue and South Santa Fe Or1ve, Railroad preemption of the traffic signals w111 glve a 15-second green clearance signal for westbound vehicle trafffc on Dartmouth Avenue to allow any 1111torfst1 stopped on the tracks sufffc1ent ti• to clear the ra;lnMd tracts before the train arrives at the croufng . All other traffic signal s will display a red aspect during the 15-second cletPance pn.se. At the end of the fnlthl 15-second clearance phase, the Nd upect w111 be dfspl~ for all trafffc movement on OartMouth Avenue over the crou1ng until after the train hu cleared. Then nol'llll traffic signal sequencing w•l1 return. 10 . Under 40-.-106, CRS 1973, there are three basic Issues to be detel'lft l ned by the C-fsslon In a proceeding such as this . The f•rst fs whether the eaut1ng crossing ahould be widened, secondly fs wlletller or not there fs a need for the proposed crossing protect1on devices, and th1rdl) is h111t the money for the coats of lnstal11ng said devices 11 to be allocated. Fr011 the h ldence , 1t h re dfly dete,,.1 nable t hat there fs an u,.,.nt and 1-dfate need for the proposed widen ing and for the protect1on de• ces so as to protect the public; wllo, by neceuf~, .,st routl119ly cross the r11l-o.d tracks at the p1rtlail1r pofnta 1nvol-..d fn this proceeding. As to the third Issue; -ly, '-the costs of l111 tall1 t f on are to be allocated betwen the Hi~ Croufng Prouctfon FllM, the railroads •n .. hect, and the City, the llW fs .,fu clear tn.t the c-f11ion ahall lie t.llfs dete"'1nation on the besfs of beneffl ta fng into 1ccou11t the prhau benef i t derived f,.,. the railroad cro11fng protection dev i ces and a ll ocations ac cordingly. In tile cue of f P ffi fl d v T Publtc 111 f f ora o , 170 S I •c-iui011 slloil ld have the !*Mr to a ll ocate cost to the raflrMCI accor'd fng to beMfft •rhed, subject on y to the 'll'•lfflcat1on tllat In "° cue could the cost alloca~ to t.he railroad M less tllen 10 pef'Ceftt of the tote 1 cost of protectf 119 the tross ng ••• • Ina ch IS tlle Highway Crossl"f ,rot.ct.I• Flllld -,,.. publ c fllftds, the flt to the public h, -' '°""•• to be ~lclffed u caalng ,,.. uti 111111 . The bela ce st lie borw by the polit1ul ~hiaf• Md tile rail 1 Invol ved . •. I I • • -• •• • assened 10 per ~en t cf t ~e cos t of t protect1on de.i ce. at the•r r Hpe:t•.e crouing . The Ci ty of [ng' od shovld be 1sseHed 30 percent ;1 uch such i n,t1lht1o~, and the ba l ance of 60 percent of each !UC •rst1111t10 s~Ollld be p1id fl"Olll H ghway Crossing Protect i cn Fund, 12. Tht ro ll•01d s '11 at theH OWi\ expenu pe rfon1 cont '""'ng ma inteoa:.e woN; of t protectio de wices , k Is specifi ed b1 itatutt. '3. No port of tne con for the proposed signa i dev ces w·l be pa •d f•:. fund s na1 •nl 1 under •'11 federa l or federtl A1d H1gl>w1 1 Act . 1•. Because of the puo11c ufety involved here in and the grut need •nd necessity f o• upgr ade d ufety protecti on dev i ces et thh cross••g . ti• s of the essence and said d..,lce s should be 1nsta' led IS soor IS 11 re11on1b '1 pon•ble . CONC!,US i ONS ON flfCllNGS OF FACT Based on the 1bove 1nd foregoing f1nding1 of flct , ~t " cor- cluded ttl1t : 1. Such dev i ces IS herein cont11111llted ire requ l rwd so 11 to pr01100t1 the public 11f1t;. 2. The cl"der so119ht in the lnstlnt 1ppl1c1tlon shou 1 d be g•t"ted Ard the 1ctu1l costs of the cross ing signal instalhti ons pro · ratad u fo ii ows : (a ) 10 percent to 11ch of the r11 1ro1ds 1nvo1Yed (S1nt1 Fe and Ric Grande) for tha 1r respective 1"sta11ttion • (b ) 30 percent of 11ch lnstalht1on to the C•t1 o! Engle•OOd; and !~) 60 perQiL'nt of 11c 'nsta11 at1or to the H~~r•ty Cl"Ossing Protection Fund. j, CGnt•nu 1ng •••ttnance wort should be perfonl'ld oy t,.. •1 ll •c1d 1:~1n i es at their own upenst for the l1 f1 o f the croulng 10 protected . •. Tfll 1'0111 1 de•lc11 and 1n1t11 l •tl°" s • l bl ~n co11fo-.t"tl w•t the ~"'"•rt lvllet•n of the .l110 :11t10fl of Mlr1can Ra!1ro•d1 0 •11t c-ut11 en R1• lroad Crou •ng ,rotect °" 1nd/O" In 1:co•d1n:e •H~ the pla.s 1rd Jptc•f•ut'°" heretofore s ubmit ted to the c-1u1C111 n th ·1 procm•~,. 5. '~""•~t to 10-6-109, CltS 1'73 , I t 11 rec-nded b; the bH !"t • t at tllt C •n10fl lftter the fo ll Ing Or~r. 0 R 0 E R 1, , ... Cll, o f C"t' 11 I v rl11d 1"4 dlrec tlll tt "' fll!lt•' A. •• I Cl'OSI"" O• r t AtchflO • 0 ...... s. .. u ,. • • , ·- ( • • •• • Ra41•1) Compen; trick at ra1lro1d milepost 7Z9 + 5100 feet end o•er t•1e Den•er and Pto Grande WeHern Ra1lro1d Corr.pall)! truk 1t ra1lro1d m1lepo1t 6,98 'n the C1ty of Englewood, Stlte of Colorado, designated and known u the D•rtmouth Avenue croulngs. l. The Atch ' son , Topeka and S1nt1 Fe R1Pwa; COMpany and the Denver ind Rio GraNle Western R1•lro•d co ~p1ny upon the •?Pl1C1t1on ot the City of Engl-d , Sute of Co orado , are Hch 1uthori nd and d1 rect ld to 1nst111, operate , end malnUin aut0111t1c railroad grade crou i ng protect i on devices It tt•elr respect ivo grade crou•ngs on Dertmouth Avenue, be•ng a public stl'fft 1n the t•ty of fngllPWOOd, Stll.e of Color..to, wh•ch shall cons·st of two standard cantilever fluh•ng l•ght units w11h short·al'lll g1tes and a warn;ng bell, The flashing lights shall have '2· 1nch rounde:s . Track c1rcu•tlng sh11J provide 1 11ln """"of 25 seco•ds •ernlng t•"" before a tra1n enters the crossing frOlll either d rect i on, Tne Sanu Fe 1nst11l1t on sha ll 'nclude 1 bi-directional JOOt1on sensor sy•tem. T~e Pio Gra nde 1nd the Santi Fe s1gnal systMS shall bl •nter• conr.ected 1~ each other and to the traffic signa ls at t he Intersect i on of Da r tmou t h A•enue and South Sanu Fe Drive . l. The •nstal ht1on , opera t1on, and ma•ntenan~• of t he c•ou ;ng pr otect•on de•1ces sha ll be done by 11ch of the r e1 pecthe r ailroad companies at the resP41ct1ve cross1ngs of each, the tst1Mted cost of 1nst1lhtlon for the Atchison, Topeka and Santa Fe R11lw11 C011P1ny being S55,l40 aod tne est1Mated cost of the Denver and Rio Grande Wutern Rai l ro ad Compan,1 be 1ng $62,9 70, &, A fair, just , and equ1tlb1e dhtrlbut ion of the total a ctua1 co;t of he •nsta'l at •on of the proposed automatic railroad d•••ces s~a ll be H fol OWS . : a l The .ltcn••on Topeka and Santa Fe R11lw1y Ccolp1•1 ••111 contr1butl 10 perce•t of 'ts own fur'lh f o, ~· :oHs of 1ts instellat on a•d na'l her-ea ter operat and 0111nta1n at d "'O•I",~ d•w 1ce1 . (b l 'he o...,... end •10 Gu'lda w .. tern R1i1ro1d •; s 1 1 1 con trlbute 10 percent of •ts '••ds f or t e costs of Us lnstal lat•cr •d s al thereafter oper1t1 ind qlntaln n •d cro 1•n1 Ge• c:ts. (c l C ,. of £n;l ~ sNll pa, 30 percent of e"" lrsta P a ion , 1-ICf, ucion cQllPletlon of the proposed wor 1n l t ied s ta nt of U.. actual cests and a 11 co1er1ng JO percent thereof s 111 bl fo,..1rded by each of t"9 •Ps:>ectlve rallro.tds tot e City of £nglewood, " c~ bl 11 sn1 11 be paid by t•e City of [•g ' o-! to the p rt·cu1ar ra'll"Oad 1n.o1•1d. Id\ lr t •l'"t',,,,.r of tn actual cua of HC" ln· st1"1t•o• 16J pa•cent) 1•1 1 1 bl pa•d frQlll t•e ~·~•-•t Cr' s ng PrQtect "" Fund l>?I' ':-"'rl tt ;;ft .f tt-P"O;'.-'OStd 4~, t al" h•••irted ···~-·r I o f ... It\ 11 «>I s ·~ a 0111 : •••1•1 t••••:' 1n111 be f e r •ffd IC' ct ,. 'It h "'•dl to t •u • , ""'•:• 'Ir t t p1•d to f .,. •f I I d "1 4 l'-tr .,,d • tftid " 4'~c•' c.• o t .... 1• ••' 11leti • . • • I ·- • • •• • S. The s1gna l devices and installation shall be in conformance with the current Bulletin of the Association of American Railroads ' Joint Con ittee on Ra•lroad Crossing Protection except for the use of 12-inch roundels. 6. T~e material for the Installation sha ll be ordered upon the effective dote of thfs Order, and work shall be c011111enced within n1net, (90) days of the effective date of this Order. Said safety protection devices shall be Installed and fully operative within not leu than six (6) 11011ths from th• effective date of this Order. 7. The Ccm11ss'on hereby ret11ns Jurisdiction to 111ke such further order or orders as may be required so as to give this dec1s 1on ful 1 force and effect, a. !his Rec""""'nded Decision shall be effective on the day it becOMs the Dec s fon of the COOlmis s ion, if such be the case, and is entered u of the dAte hereinabo•e set out. 9. As proYlded by 40-6-109, CRS 1973, copies of this RecOllll'ended Decis i on shall be served upon the parties , who lllj' file exceptions thereto; but 1f no exceptions are filed within twenty (20) days after service upon the pert1es or within such extended period of time IS the C011111lnion NY aut/lonze In wdting (cop j es of any such e•tenslon to be Hrved upon the portlu), or unless such O.cisior. 1s stayed with in such tfme by the C0111114nion upon ~ts own .,tion, such RecOllWndtd Decision shall beca. the Decision of the Con1111ss1on and subject to the provisions of •0-6-'I•, CRS 1973. (S E A L) THE PUBLIC UTILIT IES COltUSSIOll Of THE STATE OF COLORADO ROBERT L. PYLE ExHlner ds/VC •. • • , ·- ( • •• - M E M 0 R A N D U M TO: Andy Mccown, City Manager FROM: Charles B. Carroll, Jr., Director of Utilities DATE: November 24, 1975 SUBJECT: VALLEY WATER DISTRICT In reference to your memorandum saine subject, dated November 20, I offer the following infonnation relative to removing Englewood residents from the Valley Water District. There appears to be three distinct courses of action which could result in Englewood property owners being removed from the district. All three are recited in the 1973 Colorado Revised Statutes. 1. Exclusion of territory annexed to municipalities: Title 32, article 1, Paragraph 301 thru 309. 2. Exclusion (of property within the district): Title 32, article 4, Paragraph 121. 3. Dissolution of districts: Title 32, article 4, Paragraph 133. (Refers back to Part 6 of article 1) 6 G The statutes, as explained later provide the means to prevent overlapping of services . The City, the taxpayers and the district can bring ft about. Below I SUll'lllarfze conclusions and recomnendations on each approach . 1. If the City atteinpts to exclude the Englewoodites, we may find ourselves assU111ing bonded indebtedness, ff any exists, and operating the entire district's facilities for 489 custa.ers in the Cfty and 272 custa.ers in Littleton. This would place a financial burden on our existing customers on our own system. Currently, the City has no operating and maintenance respon- sibility for the distri ct's system. 2. The second cou rse, geared toward the property owner of s-.ill parcels, appears to give the board the ffnal say . Thfs approach 11111y be successful for small, isolated parcels, but ft a ars f practical for wholesal xclusfon. ' ' ' • .' • ·- ( • Memo to Andy HcCown November 24 , 1975 Page 2 •• • I• 3. Dissolving the district is the most practical course of action . So long as Denver agrees to serve the rema i nder of the distri ct, we should encourage di ssolution and assumption of the board 's assets that would be in Englewood . In this course of action ; as would probably be the case in numbers 1 and 2, a dupl i cate main would have to be installed along Bellev i ew to maintain service to either the north or the south side of the service area. I recOfl'lllend attempting dissolution of the district (No . 3). If that is unsuccessful we can legally enforce a municipal exclusion (No . 1). Probably, we could not stimulate enough interest to petition our way out (No. 2). Following is a SUlll!lary of the law pertaining to each of these options . 1. Exclusion of territory annexed to municipality . A. This statute is designed to facilitate the elimination of overlapping of services provided by local governments and the double taxation that might occur because of annexat i on or otherwise, when all or part of the territory lies within the boundaries of both a inunicipality and a special service district . As this statute applies to the City, apparently we can petition the Court for exclusion of that part of the City lying within the district . Both the Ci ty and the water district would be parties to the exclus i on proceedings ; and the taxpaying electors would be parties, as a clas s. The court can order the exclusi on if al l part i e s agree t o the following conditions : (1) The City agrees, by resolution, to provide serv ice to the petitioned area within one year fro11 the eff ecti ve date of the ex c lusion order. (2) The qua li t y of serv ice wil l no t be diminished. (3) The City and distri c t contra ct for the disposition of assets own ed by the district and located within th petitioned area. (4) If th City and the district are unabl to agr as called for in (3), th court will d id on di posit1o o assets. ' • • • ( • Memo to Andy Mccown November 24 , 1975 Page 3 • B. Additionally, the court will consider these furt her require- ments before acting on the petition : (l) The district's bonded indebtedness doesn't exceed 10% of the assessed valuation of the district 's assets ; or else, the city shall have agreed to assume the entire district's debt. (2) All areas of the district must now be receiving the district's services. (3) The City and the district shall have agreed that the City will assume full responsibility of the entire district's operation and maintenance, and shall integrate same into the City's system. C. The court may order an election in the remaining district to see if the electors desire the City to provide the service heretofore provided by the district, i f the following con- di tions exists : (l) The conditions of Paragraphs l & 2 exist and the exclusion would reduce the di strict by more than soi. (2) The condit i on s of Paragraphs 1 & 2 exi st and the ratio of valuat i on o~ ex cluded land is greater than the valuation of the total land area pr i or to ex clus i on . 0. If the electors referred to i n Paragraph lC . want the Ci ty to prov i de the service to the rest of the district , the court will direct us to negotiate such a contract . 2. Exclu s ion (of property wi th i n the d i stri ct ) A. This s tatute prov de s the mean s for property owner s t o e ffec t ex c lu si on ff'Olft a water and sanitation distric t . A property owner or owner s wou l d pet i t i on the water dist r ict for exc l usion . (1) Pro perty own e rs pre s ent i ng a pet i t i on for exc lu si on wo ul d put up a de posit to pay excl usi on cos t s. (2) The board secretary wo uld publish filing th petitfo and state the ti interested parties to show cause why t should not be grant d . the notice of nd place for exclusion (3) The board wfll ar t petition and any obj ctfons thereto. • • ·- Memo to Andy Mccown November 24, 1975 Page 4 •• • I• ( (4) The board may or may not honor the pet i tion . • 3. Dissolution of districts A. This statute, referenced to section 32-1-601 thru 612, describes the law and the procedures to follow in dissolving districts, when initiated by the district board . This sec- tion also applies when 5% of the qualified electors in the district petition the board to dissolve the district . (1) The board calls a special election, submitting a proposition to dissolve. (2) The district must have reached agreements with the appropriate entities to insure continuity of service, prior to the dissolution order. Charles B. Carroll, Jr. CB C/kr cc: City At t orne y ' • • • I ·- • .o t• • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO November 17, 1975 REGULAR MEETING : /Cl, The City Council of the City of Englewood , Arapahoe County , Colorado , met in regular session on lfovember 17 , 1975 at 7:30 p .m. Mayor Taylor , presiding , called the meeting to order . The invocation was given by Rev . Stanley Fixture of the Englewood United Methodist Church . The Pledge of Allegiance was led by Cub Scout Pack 153 . Mayor Taylor asked for roll call . Upon the call of the roll , the following were present : Council Members Jones , Sovern , Mann , Brown , Clayton , and Mayor Taylor . Absent : Council Member Blessing . The Mayor declared a quorum present . Also presen were: City Manager Mccown Asst . City Manager lollenberger City Attorney Heraruini Director of Utilities Carroll Acting Dir ctor of Comm nity Development Romans Fire Chief Hamilton Deputy City Cler Johannisson • • • • • • City Manag r Mccown asked that a corr ction b ma e a e 15 of the recee in City Co ncil me in minute , th t lating to the Civil Defen e Director . h s e that the in the second sentenc , "b ut tha this year the Civil Director reques ed that the person be a pointed by nam ", be stricken and th following hra be ins red , "and is ar~ ointed by name . He as d that th Chier of Po lie a ain ar. o1n ed by name ". COUNCILMAN CLAYTO A MOTIO TO APPROVE TH MltUTES 1975 AS CORRECTED . Upon c 11 a follows: Ayes: Co nc11 Mem er Jon s, Sov rr, Mann, rown , Clayton , Taylor . • • ·- • •• (• ·, • Novembev 17 , 1975 Page 2 Nays : None . Absent : Council Member Bless i ng . The Mayor declared the motion carried . * * * * * * Martin Lathrup , 3259 South Clarkson , was introduced by Mayor Taylor . Mayor Taylor presented him with a Distinguished Service Award for the work that he did in preparing the Englewood celebration of the anniversary of the United Nations . Mr . Lathrup addressed the audience and stated his appreciation for the award . * * * * * * Mayor Taylor introduced the two new Councilmen who were elected , Donald Smith and Donald Williams . * * * * * * Harvey Pratt , 4810 South Inca , indicated that he wa s at the City Council meeting to ask for official approval for the e xpansion of Drug Fair located in the 4200 block of South Broadway . This is in compliance with the state liquor codes . He sa id that the expansion would be doubling the size of the drug store . COU CILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE THE RE UEST FOR REMODELING OF DRUG FAIR LOCATED AT 4204 SOUTH BROADWAY . Upon a call of the roll , the vote resulted as follows: Ayes: Counci Member Jones , Sovern , Mann , Brown , Clayton , Taylor . n City r qu st , re ing Nays : None . Absent: Council Memb r Blessing. The Mayor declared the motion carried . Councilman Clayton assured those in the audience that Council has given a great d al of consideration t o this nd h oi te out that they had a three-page report to th Dru Fair r quest . • • • • • • •. • • f ·- • .o • November 17 , 1975 Page 3 Tina War d en , 3001 West Bellewood , discussed her request for rezoning of her residence to accommo d ate the business of a wig shop . She explained her personal situation and why she desired t.he rezoning . COUNCILMAN MANN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO CONSIDER ITEM 4-f OUT OF AGENDA SEQUENCE RELATING TO A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION REGARDING DENIAL OF REZONING REQUEST OF TINA WARDEN , 3001 WEST BELLEWOOD . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Jones , Sovern , Mann , Brown , Clayton , Taylor . Nays : None . Absent : Council Member Blessing . The Mayor declared the motion carried . In response to Councilman Mann 's questions , Mrs . Warden said that the neighbors in her area had signed a petition to rezone her residence for business use . She also stated that in the immediate area there are other businesses . Across the street there is a bicycle shop , an insurance office , a beauty shop ; and on down the street are several offices . Also , across Federal is the Centennial Shopping Cen~er complex . COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTIOll TO DENY THE RE UEST FOR REZONING OF THE SUBJECT PROPERTY BECAUSE OF THE FINDINGS OF FACT PRESENTED BY THE PLANNING A D ZONING COMMISSION . In response to Councilman Clayton 's question , Mrs . Roman , Acting Director of Col!lllunity Development , said that if the r quest is denied there are no provision for o erating a limi ed business in an R-1 -A zoned area . Councilman Jones pointe out th zoning i not limited to the present owner but carrie over to fut re own rs . This would open up possibillties for many different ty es of businesses to be carried o a that loca ion in the event that Mrs. Warden should sell th ro erty in the fut re. re i eas n Councilman M nn ointe out that the surrounding ess ntially busin ss are to th south an to th tha they ti on. tha the esires of the citizens in the area indic te are in favor of p rmitting a bus1nes t this oc - • • - • November 17 , 1975 Page 4 • • Councilman Sovern stated that spot zoning of this type in the Sheridan area has caused a great deal of problem , as one can see by driving along Federal in the City of Sheridan . Councilman Mann stated that he sees no problem in extending the B-2 zoning along Federal to Chenango if the owners in that area should desire it . A discussion between Councilman Mann and Councilman Jones ensued relating to zoning in that area . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Jones, Sovern , Brown , Clayton . Nays : Council Members Mann, Taylor . Absent : Council Member Blessing . The Mayor declared the motion carried . Mrs . Warden questioned the decision of Council . Councilman Sovern asked if limited business is per- mitted under other residential zoning . Mrs . Romans stated that it would involve an interpretation of R-1 -C zoning as to whether this could be included . Councilman Brown stated that the City will check into other rezoning possibilities in order to possibly accommodate Mrs . Warden 's request . I I I I I I Mrs . Therle Oldenburg , 3776 South Lincoln , spoke on the situation that exists relatin to the rezoning r quest for R-2-A to R-1 -C for the area bounded by Oxford and Kenyon and the Broadway-Lincoln alley and the Sherman-Grant alley . She ques- ioned Councilman Brown 's introduction of the motion at a Council meeting n then turnin around to vote against the request in a Plannin and Zonin Cormnission m eting . She s e tha the re i nt in the e1gh squ re block want any mul 1-n1 llln units uilt in th r gave a brief bacK ro relatln o the controversy . said th t he a 1 rl r11Y 1 le family w llin h o. l xe • T is yp --A. • . ' • • • November 17 , 197 5 Page 5 - •• • Mrs . Oldenburg stated that the great majority of people in the area want the previous zoning of R-2 -A. She stated that of all the people that were at the Planning and Zon ing Commission meeting of Octobe r 20 , 1975 , only six to eight people there were in favor of R-2 zoning. She finished by referring to a letter from John Criswell relating to the zoning situation . Mayor Taylor referred to the Council action relating to the rezoning and stated that the fourteen -unit apartments as previously in the R-2-B had been changed to permit only quadruplexes . COUNCILMAN JONES MOVED AND COUNCILMAN MANN SECONDED A MOTIOH TO CONSIDER ITEM 4-e OUT OF AGENDA SEQUENCE RELATING TO THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF OCTOBER 21 AND 22 WITH RECOMMENDATIONS FROM THEIR MEETING OF NOVEMBER 11 , 1975 , CONCERNING ZONING OF LAND IN TH.I:. CITY FORM ERLY ZONED AS R-2 -A, R-2-B, R-3-A and R-3-B to R-1 -C, R-2 and R-3 . Upon a call of the roll , the vote resulted as follows: Ayes : Council Members Jones , Sovern , Mann , Brown , Clayton , Taylor. Hays: Ho ne . Absent : Council Member Blessing . The Mayor declared the motion carried. Deputy City Clerk Johannisson read a letter from John Criswell . That letter read as follows: rove mb er 17 , 1975 t1ayor and Councilmen City of Englewood 3400 South Elati En lewood , Colorado 80110 R Planning Cormnission R comm ndation in Ca i.o ... 8 -75 ' . •. • • ·- • • • November 17 , 1975 Page 6 ... .o • I • against the R-1 -C zoning , but that it was anticipated that Council would give the Commission some direction upon the matter . In the undersigned 's view , Council is faced with several alternatives , but it must bear in mind that it is operating under some severe time limits . It seems to us that the only possible zoning which could be considered for the subject area would be either R-1 -C or R-2 . Indeed , it is our opinion that to deny the property owners in the area the right to use their property to build duplexes , at least , as they have had the right to do since 1963 , would constitute a deprivation of property without due process . Be that as it may , it is our understanding that Cou1cil now has the option either of scheduling a public hearing on the R-1 -C request or of refusing to do so . On the other hand , Council cannot , in our opinion , consid r zoning this ground R-2 until the Commission has h ld a pu lie hearing on the matter. Thus , if Council schedules a hearing on the request for R-1 -C, and later denies that request, the area shall , lega y, e in an unzoned state . On the other hand , should Council grant such a reques and zone the ground R-1 -C, our clients shall be compell d , because of a recent Colorado Supreme Court decision , institute legal proceedings within thirty days , even though we were to con- clude that Council 's action was merely a "stop-ga " measure . Neither result is desired by our clients , nor by the City , itself , we are sure . May we suggest , then, that Council consider the fo lo ing action: 1 . Table the ma ter of the R-1 -C zoning for the pr sent ; 2 . Direc the P annin Comr.tissio to consider R-2 zo1 ing for his area ; U or Council 's recei or th Co ission 's r c on R-2 , Co nc!l could th n: 'che le a h rin on th Sche ul th R-2 r -1-C request; n !mu taneous he rin on tlon •. ' • • ·- • •• • November 17 , 1975 Page 7 4 . Council would then be presented with the alternative of either R-1 -C or R-2 , but it would be presented under circumstances where Council 's decision could be a con- sidered one and one which would have some finality to it . Of course , our clients would prefer Council not to hold a public hearing upon the R-1 -C request and , since the Planning Commission has recommended against that zoning , it is our understanding that Council has the right to refuse to hold such a hearing . However , if it is Council 's desire to hold a hearing upon the matter , we respectfully suggest that it not be held until the Commission gives to Council its recom- mendation upon an alternative zoning and Council has before it a choice of actions . Sincerely , /s/ John A. Criswell For CRISWELL , PATTERSOIJ & BALLANTINE City Attorney Berardini explained the possible actions open to City Council regarding this rezoning situa- tion: 1. City Council can pass the R-1-C zoning for that area over the adverse decision of the Planning and Zoning Commission after another public hearing is held . 2 . City Council may act on another classifica- tion after they have the ppropriate public hearings . 3 . City Counci can r fer thi matter b c to the Planning and Zoning Commi sior for a favorable r comm n a 1on on R-2 zonin or other zonin as th y de ma ropriate. City Attorney B rardini r r her out in d the time - table within which Co uncil m it deci ion . Att o rne y c l1 n t s why they s k 1f th ms lv • . • • - • November 17 , 1975 Page 8 • 0 • Mayor Taylor said that the question before the Co uncil at this meeting is to make a decision relating to the zoning of the area in question . Cl)uncilman Sovern stated that of the seven Council- men , five do not possess a complete understanding of the Planning and Zoning Commission 's facts and findings, and that it is important that they familiarize themselves com - pletely with the subject . Steve Allen , 4020 South Lincoln , stated that many public hearings have already been held and that , in his opinion , the public has attended but have not been listened to . He stated that any further public hearings and attend - ance by those wh o have a concern would seem rather futile . Councilman Sovern reiterated his opinion that the Council needs to have complete facts relating to the subject before it makes a decision , and as it stands now the Council Members who are not on the Planning and Zoning Commission do not have all the facts . that the area wo City is build in new R- Mayor T much of id 11 All inf or ' • • • November 17 , 1975 Page 9 • •• • t• new zoning . She stated that , in her opinion , quadruplexes are just a block-busting technique . Councilman Brown clarified his position as it relates to the situation in past meetings . He stated that he introduced the initial motion because he felt that the R-1 -C zoning was right for that area , but he then changed his opinion after he was presented with additional informa- tion and therefore voted against it in the Planning and Zoning Commission meeting . COUNCILMAN JONES MOVED AND COUNCILMAN MANN SECONDED A MOTION TO CONSIDER REZONING FOR THE AREA IN QUESTION ON DECEMBER 1 , 1975 , AFTER REVIEWING THE FINDINGS OF FACT FROM THE PLANNING AND ZONING COMMISSION . Mary Campbell , 3865 South Li ncoln , asked what would happen if the new Council comes in with no decision having been made . She said that the citizens in the area just want to be left as they are with the old R-2-A zoning . She asked why Council cannot reinstate the old R-2-A zoning in order to comply with the wishes of the citizens . She also stated that they should consider putting the decision up to a vote of the people that would be affected . Councilman Sovern stated that it 1s the intent of the Council and the Planning and Zoning Commission to upgrade the level of the new housing that could be built in the City . Councilman Jones pointed out that the City is con- strained by court decisions as to what it can do in relation- ship to rezoning . Mrs . Oldenburg agr ed with Councilman Sovern by stating she is in favor of upgrading new building , but she also stated that the citizens in the area do not want multi - unit housing to be p rmitted . Councilman M nn r d the background from th Pl nning and Zoning Co mmi ssion relating to th decisions a out rezonin for R-2-A and R-2-B . Upon a c 11 of he roll, the vote resul ed as follows: Ay Co nc1l H Jon , Sov rn , Mann, Brown , Cl y on , T ylor . , y : on • • • , • November 1 7, 1975 Page 10 • . o • Absent : Council Member Blessing . The Mayor declared the motion carried . * * * * * * Mayor Taylor called a recess at 9 :15 p .m. The Council meeting reconvened at 9 :30 p .m. Upon a call of the roll , the following were present : Council Members Jones , Sovern , Mann , Brown , Clayton and Mayor Taylor . Absent : Council Member Blessing . The Mayor declared a quorum present . * * * * * * Communications -No Action Recommended on the agenda were accepted without comment : (a) Minutes of the Election Commission meeting of November 6 , 1975 . (b) Min tes of the Board of Adjustment and Appeals of Octobe r 8 , 1975 . (c) tatus Report on the Recovery of Energy and Materials from Solid Waste . (d) Memoran um from the Personnel Dir ctor to the City Manag r concerning his attendanc at the Annu 1 Intern tional Personnel Management Association Conference from Oc ober 19-23 , 1975 . • • * * * • • . ' • • , • November 17 , 1975 Page 11 • . o • Ayes: Council Members Jones , Sovern , Mann , Brown , Clayton , Taylor . Nays : None . Absent: Council Member Blessing . The Mayor declared the motion carried . * * * * * * David Batchelor , 7101 South Webster, Littleton , presented a letter from the Englewood Centennial-Bicentennial Committee outl ining a request to change Resolution No . 44 , Series of 1975 , i n order to conform to the new direction and project as approved by the Centennial-Bicentennial Committee . He outlined seven points : 1. The Committee is to undertake a fund -raising campaign to raise $100 ,000 toward construction of a recreational center for the elderly . 2 . City Council would approve using City funds for the remainder of construction costs estimated to be an additional $500 ,000 . 3 . Contributions received from the community may be designated as living memorials . 4 . Contributions received may be pledged and payable over a three-year period . 5 . The center name to be open for memorializa- tion by individuals or businesses that may wish to donate in excess of $50 ,000 . 6 . All funds donated , plus accrued inte re t , be returned to the d o nor should the cen er not be built . 7 . The City Manag r prepare preliminary plans for th afor mentioned c nter . The 1 tter was si ned by Grady Franklin M ples and K nn tl ~. M usolf . COU CILMAN OVERN MOVED AND COU CILMA JONES SECO D D A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE A NEW RESOLUTIO REPEALl 0 RESOLUTION NO. 44, ERIES 0 1975 , AND TO I CORPORAT THE ITEM LISTED I THE LETTER PR THE CE TE NIAL-BICE TE NIAL COMMITTEE WITH THE FOLLOWING EXCEPTIO S : PARAGRAPH 5 , THE FIRST ' • . ' • • , November 17 , 1975 Page 12 • . o • ENTENCE SHALL READ , "PORTIONS OF THE CENTER MAY BE OPEN FOR MEMORIALIZATION BY INDIVIDUALS OR BUSINESSES THAT MAY WISH TO DONATE IN EXCESS OF $50 ,000 ."; PARAGRAPH 6 SHOULD READ , "ALL FUNDS DONATED PLUS ACCRUED INTEREST , LESS EXPENSES INCURRED FOR THE FUND RAISING CAMPAIGN , WILL BE PROPORTIONATELY RETURNED TO THE DONOR SHOULD THE CENTER NOT BE BUILT ." COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO AMEND ITEM 4 BY ADDING THAT THE AUDITOR FOR THE CITY OF ENGLEWOOD WILL PERIODICALLY AUDIT THE FUNDS IN THE ACCOUNT . Assistant City Manager Nollenberger stated that this would automatically be done by the auditor during his audit of the City . Councilman Mann and Councilman Clayton removed their motion and second . COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO AMEND BY CHANGING PARAGRAPH 7 TO PARAGRAPH 8 AND ADDING A NEW PARAGRAPH 7 TO READ AS FOLLOWS : "THE FUNDS ARE TO BE GIVEN TO THE CITY OF ENGLEWOOD AS A GIFT FROM THE CITI- ZENS AND THAT THE FUNDS BE USED FOR A RECREATIONAL CENTER FOR THE SE!HOR CITIZENS OF ElrnLEWOOD ." Upon a call of the roll , the vote on the amendment resulted as follows: Ayes: Council Members Jones , Sovern , Mann , Brown , Clayton , Taylor . Nays : None . Absent: Council Mm er Blessing . The Mayor eclared the motion carried . Councilm n Clayton questioned whether this money must be used for a n w building or wh her it can be used to r ha ilitate an exis i buildin • As it stan s , it is not sta e in th le ter . i not r n in h th r to Co ncil ki bout w truct r • . • • • •• • November 17 , 1975 Page 13 Councilman Mann stated that the City Council should not eliminate any possible options which are avail- able . Mr . Batchelor stated that , in his opinion , if $100 ,000 is not rai sed the Committee and the Council can then negotiate , as to the disposition of the project . In answer to Councilman Mann 's question , Mr . Batchelor stated that if under $100 ,000 is raised the funds would still be given to the City . Councilman Sovern stated that the City has budgeted $500 ,000 for this project . Even if the $100 ,000 is not raised by the Committee , the project would not be that far off finan- cially from the needed money goal . Upon a call of the roll , the vote on the motion as amended resulted as follows : Ayes : Council Members Jones , Sovern , Mann , Brown , Clayton , Taylor . Nays : None . Absent: Council Member Blessing . The Mayor declared the motion carried . • • • • • • COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO REFER TO THE PARKS AND RECREATION COMMISSIOll A RECOMMENDATION FROM THE CENTENNIAL-BICENTENNIAL COMMITTEE CON - CERNING THE RENAMING OF INTERCHANGE PARK TO SKERRITT PARK . U on call of the roll, th vote resulted as follows : Aye : Council Mem ers Jones , Sovern , Mann , Brown , Cl yton , T ylor . N ys: Non • A s n Co ncil M m er Bles in • o r c l r d th motion carr1 * * I I • • ·- November 17 , 1 97 5 Page 14 • •• • Ayes : Council Members Jones , Sovern, Mann , Brown , Clayton , Taylor. Nays : Hone . Absent : Council Member Blessing . The Mayor declared the motion carried . * * * * * * City Attorney Berardini gave a short background of the American Met a l Clima x-Dravo Corpor ation court case . He recommended that the City Council accept the offer by Amax to settle for $86 ,355 .88 and t hat t h e City i nsure that it be held harmless from any f u t u re litiga tion in thi s matter . COUNCILMAN BRO WN MOVED AND COUNCILMAN MANN sr..co DED A MOTIOIJ TO ACCEPT THE RECOMMENDATION TO ACCEPT SETTLEMENT I THE AM ERIC AN METAL CLIMAX -DRAVO CORPORATION SUIT FOR $86 ,355 .88 AND THAT IT INSURE THAT THE CITY BE HELD HARMLESS FROM ANY FUTURE LITIGATION IN THIS MATTER . Upon a call of the roll , the vote resulted as follows: Ayes: Counci Members Jones , Sovern , Mann , Brown , Clayton , Taylor . Nays : None . Absent : Cou ncil Member Blessing . The Mayor declared the motion carried . I I I I I I COU CILMAN CLAYTON MOVED A D COU CU.MAN SOVERN SECO DED A MOTION TO CONSIDER ITEM -d and 6 -I THE AGE DA RELATING TO A RESOLUTIO CONCERN! G FLAT RATL A ER I CREA ES FOR 197 AD A RESOLuTIOl CONCER I G II CREA E OF M TERED WATER RATE FOR l 7 . U o a call of th ro l , th vot re sult d a follows: Ay Co nc1 Jo a , Sov rn, n • rown , Cl y o • T 'I or . y A o nc1 r Bl in cl r t ot1o c rr1 • . .. • • • November 17 , 1975 Page 15 • • • RESOLUTION NO . 57 , SERIES OF 1975 A RESOLUTION ESTABLISHING A REVISED SCHEDULE FOR FLAT WATER RATE SERVICE . COUNCILMAN BROWN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE RESOLUTION NO . 57 , SERIES OF 1975 . Councilman Mann stated that he is against this resolution and the next one , and he further stated that in order for him to be for this the City must improve its water service and pressure in the southern area of the City , par- ticularly in the Fox , Huron , and Chenango area . Councilman Sovern stated that this item was con- sidered at the previous Council meeting and that an amend - ment was introduced and passed relating to standby require- ments . He asked that this be dropped from the resolution . Councilman Clayton , who had seconded the amendment at the previous meeting , agreed . Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Jones , Sovern , Brown, Clayton, Taylor . Nays: Council Member Mann . Absent: Council Member Blessing . The Mayor declared the motion carried . In r esponse to Co ncilman Clayton's question, Dir c or of Utilities Carroll expl ined that testing was being c rried on in the area referred to by Councilman Mann with the lope of ev ntually im roving th service . I I I I I I HE OLUTIO N ro . 58 , SERIES OF 1975 , E TABLISHII G VI bu ~CH DULES FOR METE D ATE OU A OTIO TO A Co no ui bl D A D COU C LMA CLAYTO O. 58 , SERIE OF 1975. ECO ED ' • • , - November 17 , 1975 Page 16 0 • and ninety percent to be not metered . should give the ten percent presently opportunity to dete r mi ne whether they rates . t• He said that the City on metered rates the want meters or flat Councilman Clayton said he shares his concern for the required meters in ten percent of the residences . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Jones , Sovern , Brown , Clayton , Taylor . Nays : Council Member Mann . Absent : Council Member Blessing . The Mayor declared the motion carried. • • • • • • Councilman Clayton stated that the City Council keeps getting comments in relation to the rezoning request for the Oxford , Kenyon, Sherman , Lincoln area , "k e us the way we are ". He asked Actin Director of Comm nity Dcvelor- ment Romans what would be involved if the Council id no accept th new R-2 and R-3 zones and return d to the ol z o r.1 and begin amending those zon1n s . Mrs . Romans stated h t i woul take two public hearin s to return to the ol zonin , plus two a ditional public hearings to make any furth r cor- r c ions; and the total tim span would be approximately six month . • • • • • • ODU ED A A BILL BY COUI ILMA JO ES , A !LL •. ' • November 17 , 1975 Page 17 • 0 • Ayes : Council Members Jones , Sovern , Mann , Brown , Clayton , Taylor . Nays : None . Absent : Council Member Blessing . The Mayor declared the motion carried . * • * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN , A BILL FOR AN ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY , STATE OF COLORADO , FROM R-2-B RESIDENCE DISTRICT TO R-2 MEDIUM DENSITY RESIDENCE DIS - TRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY . COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF E!WLEWOOD , ARAPAHOE COUNTY , STATE OF COLORADO , FROM R-2-B RESIDENCE DIS - TRICT TO R-2 MEDIUM DENSITY RESIDENCE DISTRICT AND AMENDI G THE OFFICIAL CITY ZONING MAP ACCORDINGLY , AND SETTI G A PUBLIC HEARING FOR DECEMBER 16, 1975 . Upon a call of he roll, the vo e resulted as follows: Ayes: Council Members Jones, Sovern, Mann, rown, Cl yton , Taylor. ya: None. Abs nt: Co ncil Mem er Blessing. The M yor d cl r d the mo ion carr1 I I I I I I l IT ODUC D A A BILL BY COU CI A CLAYTO , A BILL • • I ·- November 17 , 1975 Page 18 ·, <. • • • COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLE - WOOD , ARAPAHOE COUNTY , STATE OF COLORADO , FROM R-3-A MULTI -FAMILY RESIDENCE DISTRICT TO R-3 HIGH DENSITY RESIDENCE DISTRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY AND SETTING A PUBLIC HEARING FOR DECEMBER 16 , 1975 . Upon a call of the roll , the vote resulted as follows: Ayes : Council Members Jones , Sovern , Mann , Brown , Clayton , Taylor . Nays : None . Absent : Council Member Blessing . The Mayor declared the motion carried . • • • • • • INTRODUCED AS A BILL BY COUNCILMAN BROWN , A BILL FOR AN ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY , STATE OF COLORADO , FROM R-3 -B MULTI-FAMILY RESIDENCE DISTRICT TO R-3 HIGH DENSITY RESIDENCE DISTRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY . COUNCILMAN BRO MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLE WO OD , ARAPAHOE COUNTY, STATE OP COLORADO , FROM R-3-B MULTI -FAMILY RErIDEtCE DISTRICT TO R-3 HIGH DE SITY RESIDENCE DISTRICT A D AME DI 0 THE OFFICIAL CITY zo, I G MAP ACCORD! OLY AND SETTI G A PU LIC ARitO FOR DE EMBER 1 • 1975 . u on c or th 1 , r aul foll ws: Ay a : ov rn, n, l'O c y+>or , T y or . y on . A n Co c1 h M or cl th 1110 ion c rr • • • • ' • • ...... • • November 17, 1975 Page 19 • 0 • City Attorney Berardini stated that the last time to consider R-1 -C rezoning of the Oxford-Kenyon -Lincoln- Sherman area is drawing close for this Council . He stated that at the end of the year all bills which have been intro- duced will have to be reintroduced by the new Council , so if this Council wants to act on this rezoning request they must introduce a bill on December 1st and have a public hearing so that it can be acted upon before December 31st . If the Council introd ces action on December 1st , publication could be made in the December 3rd newspaper . Since fifteen days notice is required , the earliest that final action can be taken would be December 18th . Therefore , if final action is desired by this Council a special session would be needed subsequent to this date . City Attorney Berardini asked for direction on this subject. Councilman Clayton asked that City Attorney Berardini have a bill for an ordinance drawn up for the next Council meet- ing . COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO REQUEST THE PLANNING AND ZONING COMMISSION TO INVESTIGATE R-2 ZONING IN SOME FORM FOR THE AREA IN QUESTION (OXFORD -KENYON -LINCOLN -SHERMAN). Councilman Sovern explained that he would like the Planning and Zoning Commission to give the Council direction on this particular area . Councilman Mann stated that he likes this alterna- tive for the ar a in question. Upon a c 11 of the roll, the vote resulted as follows: Ayes: Council Members Jones , Sovern, Mann, Brown, y o • T ylo r . y s : ton • A Council M m er Bl ss1n T h yo r eclar rri d . • • • • • • ' I • • ·- • November 17 , 1975 Page 20 • • • I• Assistant City Manager Nollenberger stated that Panchos is in the process of sale and has not been open for a couple of months . Councilman Clayton questioned the many calls at the Studio Lounge. Councilman Mann stated that Council should not penalize a liquor outlet because they have a high number of calls . Upon a call of the roll , the vote resulted as follows: Ayes : Council Members Jones , Sovern , Mann , Brown, Clayton , Taylor . Nays : None . Absent: Council Member Blessing . The Mayor declared the motion carried . * I I I I I COU GILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDJ:.l) A MOTION TO APPROVE THE 3 .2 BEER LICENSE RENEWAL FOR SAFEWAY STORE LOCATED AT 125 !:.AST HAMPDEN AVENUE . Upon a call of the roll, the vote resulted as follows: Ayes : Council Members Jones , Sovern , Mann , Brown , Clay ton , Taylor . Nays: None . Absent: Council ember Blessing . The Mayor eclared the motion c rr1 • • • • • • COU CIL Al MAN MOVED A D COU CILMA A MOTIOI TOR !EW THE 3.2 BEER ,ICE SE FOR LOCATED AT 1277 EAT HAMPOE. AVE!UE. Upon h vot r ult d a follo Ay a: Co ncil M 11, T ylor . • • Jon a , Sov r , r in 10 • n, .. • • ·- November 17 , 1975 Page 21 • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON , BY AUTHORITY ORDINANCE NO . 43 SbRIES OF 1975 I• AN ORDINANCE AMENDING CHAPTER 4 , TITLE 15 , OF THE 1969 ENGLE - WOOD MUNICIPAL CODE BY REVISING THE SCHEDULE OF RATE AND CHARGES FOR SAHITARY SEWER SERVICE . COUNCILMAN CLAYTON MOVED AND COUNCILioiAN BROWN SECONDED A MOTION TO APPROVE ORDINA CE NO . 43 . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Jones , Sovern , Mann , Brown , Clayton , Taylor . Nays : None. Absent: Council Member Blessing . The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN CLAYTON , BY AUTHORITY ORDINA CE HO . 44 SERIES OP 1975 A ORDINANCE REPEALIIG A D RE -E ACTI G SECTIO S l THROUGH l , ARTICLE l , CHAPT£R 11 , TITLE ll , OF THE 1969 ENGLEWOOD MU ICI- PAL CODE RELATI G TO D S . CILMA OVC: O. , SERIE OF So th Ch ro e , apo nc • J o rn, a inst ' • • ·- November 17 , 1975 Page 22 Nays : None . .. • I • • Absent : Council Member Blessing . The Mayor declared the motion carried. * * • * • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN , A BILL FOR AN ORDINANCE APPROVING THE AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER AND THE CITY OF ENGLEWOOD , COLORADO , AUTHORIZ - ING THE CITY OF DENVER TO MAKE A SANITARY SEWER LINE CONNEC - TION AT SOUTH UNIVERSITY BOULEVARD AND EAST FLOYD AVENUE WITHIN THE CITY OF ENGLEWOOD , AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF ENGLE - WOOD . COUNCILMAH SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTIOl TO APPROVE A BILL FOR AN ORDINANCE APPROV - ING AN AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER AND THE CITY OF ENGLEWOOD. COL ORADO , AUTHORIZIHG THE CITY OF DENVER TO MAKE A SANITARY SEWER LINE CONNECTION AT SOUTH UNIVERSITY BOULEVARD AND EAST FLOYD AVENUE WITHil THE CITY OF E GLEWOOD, AID AUTHORIZI G AND DIRECTING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF ENGLEWOOD . f o l Councilm n overn st ted that th hrase " cting nd throu h its Board of Water Comrois ioners" snould e becaus the City 1 m kin th nt with h nd County o r Denver. Th a ruck fro of h 111. U~o c 1 o f th roll, h VO r a o w Co r c1 M m rs J o n OV rn. ro 0 1 c r c1 r T t t1o r • • • • • n, • .' • • , - November 17 , 1975 Page 23 • 0 • Councilman Sovern commented on the relocation of the bus stop from Wyatt 's Cafeteria to the Shamrock Mall . He said that it was his understanding that the entire bus stop was to be relocated to the Shamrock Mall , and that there would no longer be any layovers at Wyatt 's Cafeteria stop . As it exists now , there is a tremendous safety problem at that area , and he heard there was another pedestrian/auto accident at that location . He asked that the accident records at the Wyatt 's Cafeteria bus stop be investigated and reported back to Council. A lengthy discussion ensued relating to the reloca- tion of the bus stop . RESOLUTION NO . 59 , SERIES OF 1975, A RESOLUTION RECOMMENDING TO THE REGIONAL TRANSPORTATION DISTRICT THAT THE LOCATION FOR A BUS TERMINAL BE LOCATED ADJACENT TO THE SHAMROCK MALL, CINDERELLA CITY . COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE RESOLUTION NO . 59, SERIES OF 1975 . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern , ann , Brown , Clayton , Taylor . Nays: !~one . Absent: Council Member Blessing . The Mayor declared the motion carried . * * • • • • tax . th to ur • • ·- • • • 0 • November 17 , 1975 Page 24 COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PROCEED WITH COLLECTION OF THE BILL FROM THE VALLEY WATER DISTRICT . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Jones , Sovern , Clayton , Taylor . Nays : Council Members Mann , Brown . Absent : Council Member Blessing . The Mayor declared the motion carried . • • • • • • City Attorney Berardini indicated that he had been asked by the Engle wood Centennial-Bicentennial Committee to handle some legal matters regarding their incorporation , and he asked for Council 's permission to do this . COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO REQUEST THE CITY ATTORNEY TO HANDLE LEGAL MATTERS PERTAINING TO THE INCORPORATION OF THE ENGLE - WOOD CENTENNIA L-BIC ENTENNIAL COMMITTEE . Upon a call of the roll , the vote resulted as follows: Ayes : Council Members Jones , Sovern , Mann , Brown , Clayton , Taylor . Nays : None . Absent: Council M mber Blessing . The Mayor eclared the motion carried . In nswer to Co ncilm n Mann ' question , City Attorney in icated hat if n ttorney in private practice his i wo ld cost pproximately five hundred to s ven oll r . • • • • • • 11 . O, S RIE OF 1 75, MLNDl TH 1 75 UDGET TO ALLOW FOR THE EMPLOY- E IOR CITIZ U DER THE FEDERAL C PREHENSIVE EMPLOYEES T II (CETA II) PROO AM . CCU CILMA CLA YTON MOVED AtD COU CILMA SOVERN SECO D A MOTlO TO PA S RE OLUTIOt O. O, SERIES 0 1975 . ' • • • 0 I ~ - Novem b er 1 7 , 1975 Page 25 In answer to counc ilman Mann 's question , City Manager McCo wn stated that this involved one position which will be in the l i brary . Upon a call of the roll , the vote resulted as follows : Ayes : Co uncil Members Jones , Sovern , Mann , Brown , Clayton , Taylor . Nays : None . Absent : council Member Blessing . The Mayor declared the motion carried . * * * * * * RESOLUTIOl NO . 61 , SERIES OF 1975 , A RESOLUTION APPROPRIATING FUNDS IN THE GENERAL FUND FOR PUR - CHASE OF LEAF BAGS . COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE RESOLUTION NO . 61 , SERIES OF 1975 · Upon a call of the roll , the vote resulted as follows: Ayes: council Members Jones , Sovern , Mann , Brown , Clay ton , Taylor . Nays: None . Abs nt: council Member Ble sing . clare th motion carr1e Th May or • • • • * • or th th s •. .· • 0 • • I ·- November 17 , 1975 Page 26 • • • Ayes : Council Members Jones , Sovern , Mann , Brown , Clayton , Taylor . Nays : None . Absent : Council Member Blessing . The Mayor declared the motion carried . * * * * * • Councilman So v ern as ked if the City Attorney 's office could be used to process fire code violations . Council saw no reasons why this could not be done . * * • • • • Councilman Brown asked that the City do something to clean up and freshen up the south side of City Hall . He said that other areas around the City Hall look extremely nice , but this area looks rather shabby . He asked that some - thing be done to pick up trash and to paint those areas need- ing it . • • • • • • Councilman Clayton asked that the minutes reflect that Councilm n Blessing 's absence is caused by illness . • • • • • • Th M yor adjourned th City Council m eting at 12 :05 .m. • . • 0 • •