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Home My WebLink About1976-02-02 (Regular) Meeting Agenda Packet• - - • .. .. 0 CITY COUNCIL MEETING -February 2. 197 RecJular • • • AGEHDA FO R THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 2 , 1976 7:30P .M. Call to order , invocation by Reverend Dave Hunter , Hampden Hills Baptist Church , 11'1 South Un iv ers ity, pledge e f allegiance le• •Y e u• S eeat Pack #1 53 , and ro ll ca ll. 1. Minu es . (a) Minutes of the regular meeting of January 5 , 1976 . (Cop i es enclosed .) 2. Pre -Scheduled Visitors. ~ Reverend Sherman Miller , Pastor of the First Christian Church, will be present to rec ive a proclamation concerning his services to the commun ity. (Copies enclosed .) (~Ms. Susan Pendl ton , Diane Swain and Mr. Rolland ~uhr r of he Comrr.unity Arts Symphony will appear iscus funding for the Symphony for 1976. (y{ Mr. Thomas Ginth r, ne w own r of Che rrelyn Drug ., ore , 285 Sou h Broadway , will p r concern - in he r iss n ee of a dru sto r e 111uor 1cen e. (Council t i on r qu st for enclosed .) wil l ers o f conce rn. 3· o Ac 1or R con.m n d. ( ) in of D c ber 3 , ll) Ap ry ( ) I' • rv1 Cornm1 sio r (Cop 1 nclo . ) • • - • • 0 • ..... t-1'-"'0.... I... February 2 Agenda 3. Communications -No Action Recommended . (d) Minutes of the Planning and Zoning Commission meeting of January 6, 1976. (Copies enclosed .) (e) Minutes of the Police Pension Board meeting of January 23, 1976. (Copies enclosed .) (f) Transmittal of the 1976 Budget. (Copies enclosed.) (g) Report from the City Manager and Chief of Police on their attendance at the ICMA/LEAA Law Enforce- ment Leadership Seminar in San Francisco, Jan- uary 21 -23 , 1976. (Copies enclosed.) ~. Communications -Action Recommended. (a) Recommendations from the Planning and Zoning Commission meeting of January 20 , 1976 as follows: (i) approving a rezoning request from R-1-C to R-2 for Mr. and Mrs. B. L. Weaver, 2714 West Union Avenue. (Bill for an Ordinance enclosed.) (ii) transmittal of findings of fact for rezonin request by Tina Warden, 3001 West Bellewood Drive. (iii) transmittal of fin 1ngs of fact on proposed R-2-C zone di trict. (iv) tr nsmi 1 of findings of act on h re- zoning r q est f o r Gr dy F. Maples, 3 00 an 330 West Belleview Aven e. (v) rae (vi) (C o pi s ( ) Minu J nu (1} . ) lock o n ..; b ock on f1nd1n o r rae o 500 loc ' • • I - • • • page 3 February 2 Agenda 4 . Communicatio ns -Action Re commended (Con inued). (b) ( 1i) application uy the City for a "201 Facility " grant of the E.P.A. for reduction of chlorine ammonia from waste water effluent . (Memoran- dum from the City Manager and letter enclosed.) (Copies enclosed.) (c) Recommendation from the Parks and Recreatio n Com - mission meet i ng o f December 11, 1975 concerning Cushing Park Pond . (Recommendation , memorandum from the Director of Finance and report from the city 's insurance company e nclosed.) (d) Recommendation from the Planning and Zo ning Com - mission meeting of January 6 , 1976 concerning denial of a rezoning request by Grady F. Maples, 300 and 330 West Belleview Avenue. (Copies enclosed .) (e) Request for a 3 .2 beer license renewal for U-Tote -M, 123 •:as t Bellevi w Avenue. (Co neil action request form enclosed . ) (f) Consideration of award of bids for construct i on of he first phase of North Central II S orm Drainage Basin . (Copies enclooed.) 5. City Attorney . Ordinances on Final Reading. (a) Ordinanc r•r aling Section l-9, inclusive, Chapter 11, Titl V, of the l 69 Engl wood M nicipal Cod bolishjng the Englewoo Polic Ca t Trainln~ Prugr m. (Copi s nclosed.) (b) ~ubsec ion A of S c ion c) ao the 196 Englewoo b 11shlng ht cla s 1 le o "Lab T ctan1c1 n" rom he Police ry chdule . (Cop1 ncl o d.) R-1-A , 1nrle n , 01 e. 1.) r • • - • • I'~ 0 t• • .... t-' ...... 0..... ' February 2 Agenda 5. City At torney. Other Matters. ~e) eport from the Acting Director of Commu nity Development t o the City Manager co nc e rning variance /'.J{~ranted to Azar's Restaurant, 5211 So uth Broad wa y. f;tr,q~r(T (Copies enclosed.) ~)1 (f) Memorandum from the Cit y Attorney conce rning I vacation plans. (Copies enclosed.) (g) Attorney's Choice . 6 . City Manager. (a) Letter from the Regional Transportation District to he City Manager co ncernin the public hearin on the gran application. (Copies enclosed .) (b) Mem o randum from th~ Dire ctor of Finance to the City Manager concerning possible refunding of the Sewer Revenue Bonds of 1975. (Cop ie s enclosed.) (c) Memorandum from the Assistant City Manager to the City Manager conc e rning towing services in the City. (Copies enclosed .) (d) Manager's Choice. 1 . 0 her Vi itors. 8 . eneral Discussion . (a) M yor's Discussion. (b) Council Mem er 's Choice . A journm n . r .. / . '\ { 1· •.• • . ' • • ( ( • REG ULAR MEETING: • 0 • COUNCIL CHAMBERS CITY OF ENGL EWOOD, COLORADO J anuary 19 , 1976 The City Council of the City o f Engl e wood , Arapahoe County , Colorado , met in regular session on January 19 , 1976 , at 7:30 p.m. ..... Mayor Taylor, presiding, called the meeting to order . The invocation was given by Councilman Brown . The Pledge of Allegiance was led by Cub Scout Pack 15 3 . Mayor Taylor asked for roll call . U on the call of the roll, the following were present: Council Members Williams, Brown , Mann , Clayton , and Mayor Taylor . Absent: Council Member s Severn and Smi t h. The Mayor declared a quorum present. Also present wer e : City Manager McC own As s t. City Manag e r Nollenberger City Attorney Berardini Acti ng Dire ct or o f Community De v lo me nt Roma s Dir ector o f Fi nane J a m s Deputy Ci ty Cl e rk Va rner • • • • • • COU1~C I LM A N BR OWU MO VED AND OU NCILMA N CL AYT ON SE ONDe \A A MOTIO TO APPROVE THE MINUTES OP THE REGUL AR CIT Y COU J CI L M~eT - INO OF JANUAR Y 5 , 1 76 . uron cal of the r oll , he vo t e r u l e as follows: Ay s: Co neil M m ra 1 11 m , r o n , M n n , Cl yton , T y or . • ays : ~o ne . A s nt: Counci m1 Th M yor c rr1 • • • • • • - ( ( • • 0 I• • January 19 , 1976 Page 3 which appeared in the Englewood Herald Sentinel of January 7 , 1976 . City Attorney Berardini explained the legal requirements making this wordin g necessary and that the only intent is to insure the bond holders full payment of the principal and interest. Del Miller , 3020 South Marion, appeared to speak against this Ordinance . Mr . Miller sta ed this public hearing should have been held earlier , and Mayor Taylor explained it was not required and is being held now to provide fur her informa ion . City t-lanager McCown and Mayor Taylor answered questions presented by Mr . Miller . No one else appeared to speak against this Ordinance . COUNCILr-1AN BROWN MOVED AND COUNCILMAN WILLIAMS SECONDED A T10TION TO CLOSE THE PUBLIC HEARING. Upon a call of the roll , the vote resulted as follows: Taylor . Ayes: Council Members Williams , Brown , Mann , Cl ayton , Nays: None . Absent: Council Members Severn, Smith. The Mayor declared the motion carried . INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO, 1 SERIES OF 197 AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF EN LEWOOD , COLORADO , AND UPO THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOU T OF 2 ,225 ,000 , FOR THE PURPOSE OF CON TRUCTitG A RESIDENCE STRUCTURE OF APPROXI- MATELY 104 UNITS , FOR THE ELDERLY ; PRESCRIBING THE FORM OF SAID 0 S AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE BONDS AND THE I!JTERE..,T THEREON • AND PROVIDING OTHE DETAILS IN CONNECTION THERE-IT!!. A M Tl N T l. r 11, ylor . yes: Co neil N ya: Non A a n c unctl Th M VEDA , SERI follows: W1111 COUNCILMAN BROWN SECONDED OF 1976. Upon a call or , Brown, Mann, Clayton. ra S v rn, Smith. mo ion c tri <1 . • • • • • ' • • - REGULAR MEETING : • 0 ~ .. COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO January 19 , 1976 The Cit y Council of the City of Englewood , Arapahoe County , Colo r ado , me t i n regular session on January 19 , 1976 , at 7:30 p .m. Mayor Taylor, pr esiding , called the mee ing to order . The invocation was g iv en by Councilman Brown . The Pledge of Allegiance was led by Cub Scout Pack 153. May or Tay lor a s ked for roll call. Upon the call of the roll , the follo win g we r e present : Council Me mb ers Williams , Brown , Mann , Clayton , and Mayor Ta ylor. Absent: Council Members Sovern and Smith . The Mayor declared a quorum present . Also present were: City Manage r McCo wn Asst . City Manager Nollenberger City Attorney Berardini Acting Director of Community Development Roma s Director of Finance Jam s Deputy City Cler Varner • • • • • • ~~ ~ \A COU~CILMAN BROWU MOVED AND OUNCILMAN CLAYTON SECONDeD A MOTIO TO APPROVE THE MINUTES OF THe REGULAR CITY COUI CIL MEET - ING OF JANUARY 5, 1976 . U on a call of the roll, he vote resulte f lows: Ay s: Co neil Mem rs Willi ma. rown, M nn, Cl yton, y or. y one . A a nt: council M Sov rn, Sm1 Tt M yor clar d th mo 1on c rri • • • • • • . • • , • • I• • January 19 , 197 Page 2 Ma rice Mer lin , 3688 out!J She rman, was present to d i scuss matters of concern . He feels Englewoo does rot want metropolitan authorities and should be self-reliant . He stated that he hopes City Council will make it clear tha they wlsh to remain completely independent in the future . Mr . Me rlin also discu3 ed orations to certain agencier . He state that Englewood citizens ' money sho ld not be given to he United Subur ban Chamber of Commerce beca se this is some thirg lar r than the City ; and , if they are to receive the money they have requ sted , a Co ncilman sho ld be on the Chamber of Comrn rce board . Mr . Merlin feels the Inter Faith Task Force should not req est onations from the City Co neil and in ividua citize s . He sta e that Arapahoe Mental llealtl and Alcoholic Detoxifica- i on Center should be taken care of y the City , and Salvation Army Yo ch Center should be ta en over by the ity as art of the recreatlo program . • • * • • COUNCIL AN MAlHI MOVED AID COUNCIL' l BRO WN ECONDED A MOTION TO OPE A PUBLIC HEARING COl' IDER AN ORDINANCE CONCI:.Rll - L '-' IS UA CE OF 2 , ?25 , 000 Or' Ot:.JERAL OBLIGATIO BO. DS FO THI:. FUR OSI:. OF ,QNSTRU TING A RE DE!F'IAL ~ TRUCTURE FOR THE ELDERLY . U on call of th rol , th vo e r~s te as fo lows : Taylor . th t1 Ayes : Co nci Memb r il i ms, Brown , M nn , c~ yton , Nays : None . Ab en Council M •• "r, Sov rn, Tne 14ayor cl rt; 1 e motlor c r 1 L Co ill rn 1 !1 • -,.. ( • • • 0 - January 1 9 , 19 76 Pa ge 3 which appe are d in the En g lew oo d Herald Sentinel of January 7 , 1976 . Ci t y Att o rney Be rar dini e x p lained th e l e g a l requirements making t h i s wordin g nece s s ary and that the only intent is to insure the b ond ho ld e r s full p ayment of t he principal and interest . De l Miller , 3020 South Marion, a ppeared to speak against h is Ordinance . Mr . Miller sta ed thi s public hearing should have been held earlier, and f-1ay o r Taylor explained it was not required and is being held now to provide further information . City Manager McCo wn and Mayor Taylor answered questions presented by Mr . Miller . No one else appeared to speak against this Ordinance . COUNCILMAN BROWN MOVED AND COUNCILMAN WILLIAMS SECONDED A HOT ION TO CLOSE THE PUBLIC HEARING . Upon a call of the roll , he vo te resulted as follows: Taylor . Ayes : Council Members Williams , Brown , Mann , Clayton , Nays : No ne . Absent : Council Members Sovern , Smith . The Mayor declared the motion carried . INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO . 1 SERIES OF 197 AN ORD IJAJ CE TO CON TRA CT AI INDEB TEDNE SS OJ BE HA LF OF THE CITY OF E N LEWOO D, COLO RADO , AID UPO THE CREDI T THERE OF BY I SSUING GENERAL OBLI ATI ON BO DS OF THE CIT Y lU THE PRI N IP AL AM OU T OF $2 ,225 ,00 0 , FOR THE PURPOSE OF J t TRU TING A RESID EN CE STRUC:'U RE OF APPR OXI - MATELY 1 0 4 UNITS , OR THE ELDF.P.LY ; PRE SC RIBING TH E FORM OF SAID 0 S AND PROVIDI G FOR HE LEVY OF TA XES TO PAY THE BONDS AND THE Il TEREJT THEREO , AND ROVIDING OT HER DETAI LS I N CONNECTION THERE- IT!!. A MOTION h roll , Taylor . OutlCI LMA N BR OWN SECON DED OF 19 76 . Up o n a c ll or Ayes : Council M mber Wi ll i , Br o wn, Mann, Clayton, y None . A a n Cou n cil M r s So v rn, Smith. mo t ion e xri Th M yor I I I I I I • • Januar y 19 , 1976 Page 4 • 0 -:• "Conununications -No Action Recommended" on the agenda were all a ccepted : (a) Minutes of the Parks and Recreation Commission meeting of January 8 , 1976 . (b) Minutes of the Planning and Zoning Commission meeting of December 17 , 1976 . (c) Letter from James W. Sanderson, Regional Counsel for the United States Environm ntal Protection Agency concernin the bid prates filed by Air Products and Chemicals , Inc . (d) Memorandum fr om the Director of Public Works to the City Manager concerning closing schedule and assessment data on Paving District No . 22 . * * * * * * A sistant City f1anager Nollenberger presented a recommendation from the Library Board that Council recognize ,_ ..... John c . Maxwell's contribution to the Library and the City du ring the nin y ars he servec on the Library Board . Council- man Cl ayton stated that Mr . Maxwell does not wish to be r eap pointed to the Library Board when his term is up ne xt month . COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO RE VEST THE CITY ATTORNEY TO ORA UP A !<ESOLUTION COf~ MENDING JOHt MAXWELL AND EXPRESSING COUNCIL ' APPRECIATION FOR HIS SERVIC ON THE LIBRARY BOARD . Upon a call of he roll, he vote result d as follows: T ylor . 1 1 n1n h th R- Ayes: Co 1cl~ Memu~rs William , own , Mann , Clayton, Nays: None . Ab ent : Council Member ~ov rn, Smith . The M yor d cl red the motion c rr1 Ci no • • • • • • er McCown Comm1 s1on recomme at1ons rom the or Janu ry 6, 197 • . ' • • ' - ( ( • • ( • • • January 19, 1976 Page 5 INTRODUCED BY COUNCILMAN BROWN A BILL ,_ FOR AN ORDINANCE AMEimiNG THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD , COLORADO (ORDINANCE NO . 26, SERIES 1963, AS AMENDED), BY CREATING A NEW RESIDENTIAL DISTRICT TO BE ENTI TLED "R -2-C MEDIUM DENSITY RESIDENCE DISTRICT", DEFINING THE SAME, ESTABLISHING PERMITTED PRINCIPAL USES, MINIMUM LOT AREA , MINIMUM FLOOR AREA , MAXIMUM PERCENTAGE LOT COVERAGE , MINIMUM LANDSCAPING, MINIMUM FRONTAGE OF LOT , MAXIMUM HEIGHT OF BUILDING , MINIMUM FRONT, SIDE AND REAR YARDS , MINIMUM OFF -STREET PARKING , AND AUTHORIZING ACCESSORY BUILDINGS AND PERMITTED ACCESSORY USES ; AND DECLARING AN EMERGENCY . COUNCILMAN BROWN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD , COLORADO (ORDINANCE NO . 26 , SERIES 1963 , AS AMENDED), BY CREATING A NEW RESIDENTIAL DIS - TRICT TO BE ENTITT"ED "R -2-C MEDIUM DENSITY RESIDENCE DISTRICT", DEFINmG THE SAME, ESTABLISHJ r; PERMITTED PRINCIPAL USES , MINIMUM LOT AREA, MINIMUM FLOOR AREA , MAXIMUM PERCENTAGE LOT COVERAGE , MINUtUM LANDSCAPING, MINIMUM FRONTAGE OF LOT, MAXU1UM HEIGHT OF BUILDING, MINIMUM FRONT , SIDE AND REAR YARDS , MINIMUM OFF -STREET PARKING, AND AUTHORIZING ACCESSORY BUILDINGS AND PERMITTED ACCES - SORY USES; AND DECLARING AN EMERGENCY; AND SETTING A PUBLIC kEARING FOR FEBRUARY 9 , 1976 AT 7:30 P.M. Upon a call of the roll, the vote resulted as follows: Taylor. Ayes: Council Members Williams , Brown , Mann , Clayton, Nays: None. Absent: Co un c il Memb r s So ve rn, Smith. Th e May or declare d t he mo i o n carried . • • • • • • Comm nity D v elopme n t Comm1aa1on ha r ecomm W r n , 300 Wes B l t ed l o f • • ' • • • 0 I• • January 19, 1976 Page 6 Ayes: Council Members Williams , Brown , Mann , Taylor. Nays : Councilman Clayton . Absent: Council Members Sovern , Smith . The l"'ayor declared the motion carried . • * * * * • Acting Director of Community Development Romans stated that the Planning and Zoning Commission has recommended approval of the rez oning request by Mary E. Mitchell in the 3500 block of South Cherokee from R-3 to B-1 . She outlined the affected area on the zoning map and recommenced that a public hearing be set . INTRODUCED BY COUNCILMAN CLAYTC'N A BILL FOR AN ORDINANCE REZONING A PAFCEL OF LAND WITHIN THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY , STITE OF COLORADO , FROM R-3 HIGH DENSITY RESIDENCE DISTRICT , TO B-1 BUSINESS DISTRICT , AND AMEND - ING THE OFFICIAL ZONING MAP ACCORDINGLY . COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE REZONING A PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY , STATE OF COLORADO , FROM R-3 HIGH DENSITY RESIDE CE DISTRICT , TO B-1 BUSINES DISTRIC7 , AND AMENDING THE OFFICIAL ZONI G MAP ACCORDINGLY ; AND SETTING A PUBLIC HEARING FOR THE REGULAR CITY COUNCIL MEETING ON FEBRUARY 17 , 976 . Upon a call of the roll , the vote resulted as follows: Aye : Council Membe illiams , Brown , Mann, Clayton , Taylor . N ys : None . A sen Council Mem er Sovern , Smith. Th M yor dec red he motion carried . • • • • • • Ac i g Direc~or of Community Development h t th P arning nd Zoning Commission has recomm th rez onln r q est y Grady F . Av e n e , from R-3 to B-2 . Mr. M a l tl 1s to the City council • • • - ( • January 19, 1976 Page 7 • 0 • .... Mayor Taylor pointed out that Mr . Maples is out of town on business and suggested se ting a public hearing o n t his at a later date when Mr . Maples could be present . In response to Councilman Clayton , Ms . Romans stated that if there was a commercial zone classification wi th more restrictions than the present one it might be considered mo re favorably . She stated tha he Planning and Zoning Commission has requested the staff to gather information regarding a possible new zone classification which would be a mixed-use district . Councilman Brown stated tha h e would like to see more study mad e on this before a deci sion is reached . COU NCILMAN CLAYTON MOVED AND COUNC ILMAN WILLIAMS SECONDED A l-10TION TO TABLE THI REZONING REQUEST UllTIL A LA'rER DATE . Upo n a call of the roll, the vote r es ulted as follows : Taylor . Ayes : Council Members Williams , Brown , Mann , Clayton , Nays : None . Absent: Council Members Sovern , Smith . The Mayor declared the motion carried . * * * * * * City Manager McCown recommended that Council schedule the public hearings for the sam date. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A ~OTION TO AMEND THE PREVIOUS MOTION REGARDING THE REZONING FROM R-3 TO B-1 Y SETTING THE PUBLIC HEARING FOR FEBRUARY 9 , 1976 . Upon call of the roll , the v o te resulted as follows: Aye Co uncil Memb rs illi ms, Brown , Mann , Clayton , Taylor . ay None. Ab nt : Council M m rs overn , Smit.h . Tn yor c re he mot.1on carrie * * * * * * • • -,.. • January 9 , 7 Pag 8 • 0 -l • Ul C Ll ll MAliN MOVED AND COUNCILMAN WILLIA!4 SECONDED A ' fD THE BID FOR THE FIRE DEPART!4EilT RESCUE UNIT TO C ~CH COMP ANY IN THE AMOUNT OF $21 ,0 1 .15 . ,_ .... nci .nan Clayton 's ques ion, City Manager ~P c ifi~a ions were sen · to five compani s . U~ n c 1 of te r o ll, the vote res 1 d as follow3: Aj es: o nci Hem s illiams , Brown , l•tann , Clayton , Taylor . Nay : None . A sent: Council !4ern\lers Severn , Smith . The Mayor d clared he motion carried . • • * • * * Mayor Taylor recessed the Council meeting at 9 :15 p .m. Council reconvened at 9 :30 p .m. Upon a call of the roll , the following were present : Council Members Will~.ams , Brown , Mann , Clayton , and Mayor Taylor . Absent : Council Mem bers Severn , Smith . The Mayor declared a quorum present . • * * * • • COUNCILMAN CLAYTON MOVED AND COUNCILMA MANN SECOND A MOTION TO CONv iDER ITEM 7 -b , "CONSIDERATION OF 0 TRIBUTlONS TO OTHER A EliClES ", OUT OF AGENDA SEQUENCE . Upon a cal cf th roll , he vo e result d s follows: Ayes: T y lor. H y AIJ t : l Yo Co neil M mb rs Williams , Brown , Uon . -;o nci M mt r OV r , n.1 ~c red he mo ion carr1 a at ha C th a donations , Mr . H mmon Council Man , Cl y on , 1on rmy y !I 101 • • - • January 19 , 1976 Page 9 • • on February 2 , 1976 at 6:00 p.m . to further explain the program and budget . ...... COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION TO TABLE AGENDA ITEM 7-b CONCERNING CITY COUNCIL CONTRI - BUTI ONS UNTIL THE REGULAR COUNCIL MEETING ON FEBRUARY 17 , 1976 . Up o n a call of the roll , the vote resulted as follows: Ayes: Council Members Williams , Brown , Mann, Clayton , Tay l or . Nays : None . Absent : Council Members Sovern , Smith . The Mayor declared the motion carried . • • • • • • INTRODUCED AS A BIL L BY COUNCILMA N SMITH BY AUTHORITY OR DINANCE NO . 2 SERIES OF 1976 AN ORDINANCE AMENDING SECTION 3(a), CHAPTER 7, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ESTABLISHING A NEW METHOD OF COMPUTING OVERTIME FOR FIREFIGHTERS ON AN EMERGENCY CALL-BACK AND NONEMERGENCY CALL -BACK BASIS . COUNCILMAN BROWN MOVED AND COUNCILMAN WILLIA!.,S SECONDED A MOTION TO PASS ORDINAN CE NO. 2 , SERIES OF 1976. Upon a call of the roll, the vote resul ed a s fol l ows: Ay es : Council Me mb e rs Williams , Br own, Mann, Clayton , T y l or . Nay s : None . A sen t : Council f•l mbe r s So ve rn, Smi th. The M yor he motion c rri ed . • • • • • • ,TRODUCED A. A BILL Y COU CILMAN ~ILLIAM Y UTHORITY 0 DIN AN CE t 0 . 3 E IES Ofo 19 7 A ORDI NA NCE AM DIIIG ECT!O N 12 ( 19 ENGLE WOOD MU lCIPAL CODE , BY 'lTHOUT PAY TO PREG A E.MPLO Yf. S 0 EMPLO Y ~NT . • • , - • January 19 , 1976 Page 10 • 0 • COUNCILMAN WILLIAMS HOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO PASS ORDitANCE NO . 3 , S~RIES OF 1976. Upon a call of the roll , the vote resul ed as follows: Ayes : Council Member~ Williams, Brown , Mann , Clayton, Taylor . l~ays: None. Absent: Co uncil Members Sovern , Smith . The Mayor declared the motion carried . * * * * * * INTRODUCED BY COUNCILMAN WILLHMS A BILL FOR N ORDINANCE REZONING A CEF-TAI! PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY , STATE OF COLORADO , FROM R- RESIDENTIAL -PROFES IONAL DISTRICT , TO B-2 BUSINESS DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY . COUNCILMAN WILLIAMS !>lOVED AND COUNCILMAN BROW! SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD , ARAPAHOE COU TY , STATE OF COLORADO , FR OM R-4 RESIDENTIAL -PROFESSIONAL DISTRICT , TO B-2 BUSIHESS DISTRICT , ND AMENDING HE OFFICIAL ZO!H G HAP ACCO INGLY ; AND SETTING A PUBLIC HEARING FOR FEBRUARY 17 , 197b. U~o a call of the roll, the vo e resulte as follows: Ayes: Co nci Mem crs il i ms, Br·own , Mann , Cl ytot., Taylor. t ay : ne . Absen Counc il Mem ers Sovern , mith. The ayor declar he notion carri d . • • • • • • I ROOUCED BY COU CILMA CLAYTO!~ A BILL FOR A ORDH ANCE REZO! l A CERTAIN PARCEL OF LA D '1 HIN TilE CITY OF F.lGLEWOOD , ARAI HOE COUNTY , .TATE OF CO LORADO, FROM R-3 H 'II DE:: ... ITY RE ID NT IAL ZONE DISTRICT , TO BUSU · SS 01 1 ICT, .fJD ING THE OFFICI AL ZONH 0 M P ACCORD II OLY . ..... • • • 0 • ..... January 19 , 1976 Page 11 COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY , STATE OF COLORADO , FROM R-3 HIGH DENSITY RESIDENTIAL ZONE DISTRICT , TO B-2 BUSit~ES DISTRICT , AND AMENDING THE OFFICIAL ZONING MAP ACCORD - INGLY; AND SE TTING A PUBLIC HEARING FOR FEBRUARY 17 , 1976 . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Brown , Mann , Clayton , Taylor . Nays : None . Absent : Council Members Sovern , Smi t h . The Mayor declared the motion carri ed. * • * * * * City Att t rney Berardini pres e nt ed a report concer ning reg lation of an 1 m.Jls in the City of Englewood . Th i s subject was brought up at the last Council meeting due to complaints which have b e z received . City Attorney Berardini stated that research is being done at this time and suggested that Council review the pa t Ordinances , as well as the Ordinances of surrounding a r eas . These Ordinances will be presented by the City Attorney at the Council meeting on February 17 , 1976 . Discussion followed between City Manager McCown and Mayor Taylor regarding barking dogs , and City A torney Berar ini outlined the enforcement procedures . * * * * * * information regarding rict ecause of line ru tur le for fifty Council no nswer 0 ays er . pon a t l ro o ws : y s : Counctl M m rs .1lli ms, Mann, c yton, ay or . y Coun .11 M 1':1 r rown . A Council M rn, m1 h . Tl M yor c 1' 1 * • • * • • • • - • January 19, 1976 Page 1 2 • 0 - City Manager McCown presented a memorandum from the Dire c tor of Utilities to the City Manager concerning water pressur e in the vicinity of Fox and Chenango Streets . Council- man Mann stated that this area has needed more water press re for man y years and that a booster pump sho ld be installed; an he further discussed parts of the memorand m. Councilman Clayton agreed that something ha to be o e and requeste hat the Director of Utilities a pear efore Council to discuss ins alling a boost er pump . Councilman Mann state he would like o see some action taken to resolve the water pressure problems in the area . Councilman Brown stated h would ike to see a study made to see what can be done to solve the prob em. City Manager McCo wn stated there was a survey revealed that houses i some areas d o not have adequate ines t o the water mains to provide adequate pressure. man Clayton requested hat tho e people wh o o have ina size lines be notified . which s ize Co neil- equate Councilman Brown pointed out that corrosion in the lines could be part of the probl em . Mayor Taylor agreed that something must be done and suggested bringing this matter up at the next Water Board meet - ing . Councilman Mann stated tbat he will present this matter to the Water and Sewer Board at th ir meeting on January 20 , 1976 . ECOHDi:.!) :uo ACT lOt T THe h vote o ws : y s : Co neil Mem rs Williams , Brow1, an , C ay 1, T ylor. ' ys : • one . A Cour c1~ ·ov rn , ...;mit •• Ttl !> yor cl c I'r1 I I I I I I • • , - ( • Ja uary '1 , 1:7 Page 1 • 0 • ,_ I • .... Fo owing a discussion by Council , it was decided that the wordin "north of U.S . 285 " be changed to rea "in the vicin ity of U.S . 285 an Cinder el la i y shopping center " whe r ee ver it a ears i he tatement . Ci y Manager McCown stated that Council do es not ne d to es ignate its firs preferance locat io n at this time . Mayor Taylor sta e d thi s property is being looked at for o her proje cts and a decision should be made by Council fairly soon . Counc ilman Clayton requested the Co mmunity Development Depa r ment to talk with the owners of the property and RTD to see what can be done . • * • * * * City Manager McCo wn presented a revised policy on pub lic use of mun icipal facilities and outlined some of the problems that presently exist . He then r eviewed the changes in the new policy: (1) me e tings must close by 11:00 p .m. Monday through Friday ; (2) charge of 20 .00 pe r hour for weekend use ; (3) meetings for commercial purposes or reli- gious ceremonies will not be permitted ; (4) om it ted tate - ment requiring groups ove r fifty to employ an o ff -duty police- man and fireman ; (5) ruled out meetings involv ing loud noise at the Police/Fire Center; (6) ruled out use o f cafeter ia at Police/Fire Center . MOVED Aim COUNCIL MA tJ BR OWN COUNCILM AN WILLIAMS SECONDED A MOTIOI TO APPR OVE USE OF MUNICIPAL FACI I TIE " vo e res lted as f ol l ows : HE R.r..VI 'ED "POLICY 0 PUBLIC Upon a call o f he rol_, the Aye : Co nei l M m er Clayton , T ylor . N ys : None . Absent: Counci M m The I yor • • RESOLUTION flO . 4 , ERIE OF 76 A RESOLUTION ADDIN LAB T.CH IC HEDULE AS A RADE 8 PO ITIO . illiams , Br wn , M m , rs ·overn , Smi h. mo i on c rri • • • nt d fr•om or in AN TO TilE CY AY h • • • 0 I • • January 19 , 1976 Pa e l~ COUNCILMAN BROWN MOVED AND COUNCILMAN WILLI AM S SECONDED A MOTION TO PA S RE OLUTION NO. 4 , SERIES OF 1 76 . Upon a call of the roll, he vo e res lted as follows: Aye : Council Mem ers Williams , Brown, !~an , Clayton , Taylor . ays: on . Absent : Council Hembers Severn , Smith . The Mayor declared the motion carried . INTRODUCED BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE AME DING SUBSECTION ( ) OF SECTION 9 , CHAPTER 6, TITLE V OF THE 1969 EtGLEWOOD MUNICIPAL CODE BY ABOLI HING THE CLASS TITLE OF 'DETECTIVE ' AND 'LAB TECHNICIA ' FROM THE POLICE DEPARTMENT AL RY CHEDULE . OUNCILMAN CLAYTON MOVED AND COUNCILNAN WILLIAM ECOtDED A MOTIO TO PASS A BILL FOR AN ORDINANCE AMENDING SUB ECTIOll (a) OF ~EC TIOtl , CHAPTER , TITLE V OF THE 19 9 E GLEWO OD MU ICIPAL CODE BY ABOLI HING THE CLASS TITLE OF 'DETE TIVE ' AND 'LAB TECHNICIAtl ' FROM THE POLICE DEPARTMENT ALARY S HED lLE . Upon a call of h roll , the vo e resul s ollows: Ay o· neil Mem r Williams , Bt•own , !-!ann , C ay o., ylor . N y : ron • l , ODUC D Y. COut CIL AN 'lLLI M BILL • • 0 January 1 9 , 19 76 Pa g e 1 5 Ayes : Council Members Williams, Brown , Clayton , Tayl or . Nays : Council Member Mann . Ab se nt : Council Members Severn, Smith . The Mayor declared the motion carried . RESO LUTI ON NO . 5 , SERIES OF 1976 A RESOL UTION APPROPRI ATING MONIE S IN THE POLICE AND FINANCE DEP ARTM ENTS WITHIN THE GENERAL FUND . COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MO TION TO PASS RESOLUTION NO . 5 , SERIES OF 1976 . Upon a call o f Lh e roll , the vote resulted as follows: yl or . Ayes : Council Members Williams , Brown , Mann, Clayton , Nays : None . Absent : Council Members Severn, Smith . The Mayor declared the motion carried . COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SE ON DED A MOTION THAT THE SALARY DIFFERENTIAL WHICH NOW EXIST S BETWEEN THE 'DETECTIVE ' POSITION AND 'LAB TECHNICIAN ' POSI TIO BE HA OLEO A FOLLOW : REMAINDER OF 1976 -$94 .0 0 DIFFER£~ IAL; JA UARY 1, 19 77 -$70 .00 DIFFERENTIA L; JAN UARY 1, 1978 -$40 .00 DIFFERE NTIA L ; JANUARY 1 , 19 79 -20 .0 0 DIFFERENT I AL; J At UARY 1 , 1 80 -NO DI FFEREN TIAL . Upon call o f the r ol l , h vo r lt s f o llo ws : T ylor . Ayes : Co neil M m r s illiam , Br own, Cl yt o n, N y Council M er n . A nt : co n~11 r • ~ h . Tt yor • • • • • MA OVEOA 0 APPOI NT AYOR fRO TE M F. IO R CITI.EN •• Uf n fo low : • • • January 1 , 197~ Page 16 • 0 • Taylor . Aye~: Caw1cll Member:> Williams , Bro,,n, 1-lanr,, '1aytc.n , ys : :one . A ::>ent : CoJncil o err,, Smith . mo ion carried. * * * * * COUNCILf-7AN WILLIAM~' OVED AND COUNClLHAN CLAYTON SECONDED A MOTIO TO APPOINT C UNClLMAN MANN TO SERVL AS A MEMBER OF 'l'HE ARAPAHOE COUNTY DETO XIFICATION TASK FORCE BOARD . Upon a call of he roll , the v~ · resulted as follows : Taylor . Ayes: Co mcll Memuers 'llliams , Brown , Mann , Cl y ou , 1 ay : !c nt.. ~u uncil M oers overn , Smith . ':'1 Mayo!' d. cl red h motion ca1 rie * * * * CL AYTON M VED A D COUNCIL lA I TO APPOINT C ClLti.M S.UTH AND •• CO K:I~nE , AN TO REAPPO!IT ~on a Cd l • of th roll , 11 d T or . O:lr C1 wu , , bro;., • r· r n , • n At., n c nc1 or * • Co n 11 o n , .o .... • ( • J anuary 19, 1976 Pa~e 17 • 0 • Ab sent : Council Members Severn, Smith . The Mayor declared the motion carried , and the City Coun c il meeting was adjourned at 11:15 p .m. 6/df::~·-z;,lc-- City Clerk .... • • - REGULAR MEETIN G: • 0 • COUNCIL CHAMBERS CITY OF ENGLEWOOD , COLORADO January 19 , 1 976 The City Council of the City of Englewood , Arapahoe County , Co lorado , met in regular session on January 19 , 1976 , at 7:30 p .m. Mayor Taylor , presiding, called the meeting to order . The invocation was given by Councilman Brown . The Pledge of Allegiance was led by Cub Scout Pack 153 . Mayor Taylor asked for r oll call . Upon the call of the roll , the following were present: Council Members Wil liams , Brown , Mann , Clayton , and Mayor Taylor . Absent : Cou ncil Members Sovern and Smith . The Mayor declared a quorum present . Also present were : City Manager McCown Asst . City Manager Nollenberger City Attorney Berardini Acting Director of Community Development Romans Director of Finane James D puty City Cler Varner • • • • • • ..... lA COUJCILMAN BROWU MOVED AD COU CILMA CLAYTON SECONDeD A MOTIO TO APPROVE THE MINUTE OF TileR GULAR CITY COUIJCIL ~t;ET - I OF JANUARY 5 , 1976 . U on a ca or the roll , th vote r sult u a follow T y or . Aye Co unci M nn , C yton , y or Ab n c1 ov rn , S 1 h . Tl M yor cl • • • ' • • ' - • January 19 , 1976 Page 2 • 0 -:~ Maurice Merlin , 3688 South Sherman , was present to discuss matters of concern . He feels Englewood does not want metropolitan authorities and should be self-reliant . He stated that he hopes City Council will make it clear that they wish to remain completely independent in the future . II'- ..... Mr . Merlin also discussed donations to certain agencies . He stated that Englewood citizens ' money should not be given to the United Suburban Chamber of Commerce because this is something larger than the City ; and , if they are to receive the money they have requested , a Councilman should be on the Chamber of Commerce Board . Mr . Merlin feels the Inter Faith Task Force should not request donations from the City Council and i ndiv i dual citizens . He stated that Ar apahoe Mental Health and Alcoholic Detoxifica- tion Center should be taken care of by the City , and Salvation Army Youth Cente r should be taken over by the City as part of the recreation program . th1 0 * * * * * * COUNCILM AN MANN MOVED AND COUNCILMAN BROWN SECor DED A OPE A PUBLIC HEARING TO CO IDER AN ORDI! ANCE CO!JCER!J - E OF 2 ,225 ,000 OF GENERAL OBLIGATIO BO.DS FOR THI!. COtSTRUCTING A RESIDENTIAL STRUCTURE FOR THE ELD RLY . of the roll , the vote res lte a fo ow : y Counci l Members William , row , M 1 • C ay on , lone . ouncil Members Sov rr , clared the motion c rrJ or explained that Co r.c! n Smith i ir M1nn 368b He ' • • - • January 19 , 1976 Page 3 • 0 - ~>- ;. ' which appeare d in the Englewood Herald Sentinel of January 7 , 1976 . City Attorney Berardini explained Lhe legal requirements making this wording necessary and that the only intent is to insure the bond holders full payment of the principal and interest . Del Miller , 3020 South Marion , appeared to speak against this Ordinance . Mr . Miller stated this public hearing should have been held earlier , and Mayor Taylor explained it was not required and is being held now to provide further information . City Manager McCo wn and Mayor Taylor answered questions presented by Mr . Miller . No one else appeared to speak against this Or dinance . COUNCILMAN BROWN MOVED AND COUNCILMAN WILLI AMS SECONDED A MOTION TO CLOSE THE PUBLIC HEARING . Upon a call of the roll , the vo te resulted as follows : Taylor . Ayes : Council Members Williams , Brown , Mann , Clayton , Nays : None . Absent: Council Members So vern , Smith . The Mayor declared the motion carried . IUTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDIN ANCE NO . 1 SERIES OF 1976 AN ORDINANCE TO CONTRACT AN I DEBTEDUESS ON BEHALF OF THE CITY OF ENGLEWOOD , COLORADO , AND UPON THE CREDIT THEREOF BY IS UI G GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF 2 ,225 ,000 , FOR THE PURPOSE OF CONSTRUCTING A RE IDE CE STRUCTURE OF APPROXI - MATELY 104 UNITS , FOR THE ELDERLY ; PRESCRIBING THE FOR OF SAID BOtmS A D PROVIDING FOR THE LEVY OF TAXE TO PAY THE BO OS AND THE I TERE T THEREON , AND PROVIDING OTH~R DETAILS I CONfECTIO THERE -WITH . COUICILMAN WILLIAMS MOVED AID COUNCILMAN BRO N SECONDED A OTIOI TO PASS ORDitA CE NO . 1 , SERIE OF 197 Upon call or roll , h vo r ul a follows: Ay Council Willi , Brow M nn , Cl yton , T ylor . t y Non • Abs n Co c11 M m r ov r , 1th. Tl M yor cl r th o 1o e rri I I I I • • , • January 19 , 1976 Page 4 • 0 - "Communications -No Action Recommended " on the agenda were all accepted : (a) Minutes of the Parks and Recreation Commission meeting of January 8 , 1976 . (b) Minutes of the Planning and Zoning Commission meeting of December 17 , 1976 . (c) Letter from James W. Sanderson , Regional Counsel for the United States Environmental Protection Agency concerning the bid protest filed by Air Products and Chemicals , Inc . (d) Memorandum from the Director of Public Works to the City Manager concerning closing schedule and assessment data on Paving District No . 22 . * * * * * • ,. . ..... Assistant City Manager ollenberger presented a recommendation from the Library Board that Council recognize John c . Maxwell 's contribution to the Library and the City during the nine years he served on the Library Board . Council- man Clayton stated that Mr . Maxwell does not wish to be reappointed to the Library Board when his term is up next month . COUNCILMAN CLAYTON MOVED AND COUHCILMAN WILLIAMS SECONDED A MOTION TO REQUEST THE CITY ATTORNEY TO DRAW UP A FESOLUTION COM - MENDI NG JOHN MAXWELL AND EXPRESSIUG COUNCIL 'S APPRECIATION FOR HIS SERVICE ON THE LIBRARY BOARD . Upon a call of the roll , the vote resulted as follows: Taylor . P rnin th t; th Ayes: Council Mem ers Williams, Brown , Mann , Clayton, ays: None. A sent : Co neil M m era Sov rn, mith . Tn M yor ec ar th motion c rried. • • • • • nt r 1n or fr 76 . th • • , - • Januar y 19 , 1976 Page 5 INTRODUCED BY COUNCILMAN BROWN A BILL • -..... FOR AN ORDINA CE AMEHDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD , COLORADO (ORDIJ.lANCE NO . 26 , SERIES 1963 , AS AMENDED), BY CREATING A HEW RESIDENTIAL DISTRICT TO BE ENTITLE-D "R-2-C MEDIUM DENSITY RESIDENCE DISTRICT ", DEFINING THE SAME , ESTABLISHING PERMITTED PRINCIPAL USES , MINH>1UM LOT AREA , MINIMUM FLOOR AREA , MAXIMUM PERCENTAGE LOT COVERAGE , MINIMUM LANDSCAPING , MIJHMUf1 FRONTAGE OF LOT , MAXIMUM HEIGhT OF BUILDING , MINIMUM FRONT , SIDE AND REAR YARDS , f1INIMUM OFF -STREET PARKING , AND AUTHORIZING ACCESSORY BUILDINGS AND PERMITTED ACCESSORY USES ; AND DECL AR ING AN EMERGENCY . COUNCILMAN BROWN MOVED AND COUNCILMAN WILLIAMS SECONDED A f10TION TO PASS A BILL FOR AN ORDINANCE AMENDING THE COMPREHENSIVE ZOiHNG ORDINANCE OF THE CITY OF ENGLEWOOD , COLORADO (ORDI! AHCE NO . 26 , SERIES 1963 , AS AMENDED), BY CR EATING A NEW RESIDENTIAL DIS - TRICT TO BE ENTITLED "R-2-C MEDIUM DENSITY RESIDENCE DISTRICT ", DEFI!HNG THE SAME , ESTABLISHING PERMITTED PRINCIPAL USES , f1INIMUM LOT AREA , MINIMUM FLOOR AREA , MAXIMUM PERCENTAGE LOT COVERAGE , MINIMUM LANDSCAPING , MINIMUM FRONTAGE OF LOT , MAXIMUM HEIGHT OF BUILD I G, MINIMUM FRONT , SIDE AND REAR YARDS , MINIMU!1 OFF -STREET PARKING , AND AUTHORIZING ACCESSORY BUILDINGS AND PERMITTED ACCE - 'ORY USES ; AND DECLARII G AN EMERGENCY ; AND SETTING A PUBLIC HEAR It G FOR FEBRUARY 9 , 1976 AT 7 :30 P .M. Upon a call of the roll , the vote resulted as follows : Taylor . Ayes : Council Members Williams , Brown , Mann , Clayton , Nays : None . A sent : Council Mem er Sovern , Smith . Tn M yor clare h mo ion carrie • • • • • • Director o h t th an Zonln he r zor 1r • r st ty Tin from R-1-A o R-1-C . A ORDI - • • 0 - January 19 , 19 76 Page 6 Ayes : Counc i l Members Williams , Br own , Man n , Taylo r . Nays : Councilman Clayton . Absent : Council Members Sovern , Smith . The Mayor declared the motion carried . * * * * * * Acting Director of Community Deve l op me n t Romans stated that the Planning and Zoning Commiss i on ha s r ecomm ended appro va l of the rezonin request by Mary E . Mi t ch e ll in th e 3500 block o f South Cherokee from R-3 to B-1 . She outlined the affe c ted area on the zonin rna and recommen ed th a t a public heari ng be set . INTRODUCE BY COUtCILMAt CLAYTON A BILL FOR AN ORDI AlCE REZONI G A PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY , STATE OF COLORADO , FROM R-3 HIGH DENSITY RESIDENCE DISTRICT , TO 1 BUSINESS DISTRICT , AND AMEND - ING THE OFFICIAL ZONING MAP ACCORDINGLY . COUNCILMAN CLAYTON MOVED AND COUNCILMAN BRO WN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE REZONIN G A PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD , ARAP AHOE COUNT Y, STATE OF COLORADO , FROM R-3 HIGH DENSITY RESIDENCE DISTRICT , TO B-1 BUSINESS DISTRICT , AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY ; AND SETTING A PUBLIC HEARING FOR THE REGULAR CITY COUNCIL MEETING ON FEBRUARY 17 , 1976 . Upon a call of the roll , the vote resulte d as follo ws : Taylor . Aye illiams , Brown , Mann , Cl yton , Council Member ays : Non . Council M mbers Sov rn , Smith . Th M yor motion carri I I I I I I • • - • • - January 19 , 1976 Page 7 Mayor Taylor pointed out that Mr . Maples is out of town on business and suggested setting a public hearing on this at a later date when Mr . Maples could be present . In response to Councilman Clayton , Ms . Romans stated that if there was a commercial zone classification with more restricti ons than the present one it might be considered more fav orably . She stated that the Planning and Zoning Commission has requested the staff to gather information regarding a possible new zone classification which would be a mixed-use district . Councilman Brown stated that he would like to see more study made on this before a decision is reached . COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO TABLE THIS REZONING REQUEST UNTIL A LATER DATE . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Brown , Mann , Clayton , Taylor . Nays : None . Absent: Council Members Severn , Smith . The Mayor declared the motion carried . • • • • • • City Manager McCown r commended that Council schedule the public h ar1ngs for the sam at . COU CILMAI MA MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO AMEND THE PREV OU MOTIO REGARDING THE REZONING FROM R-3 TO B-1 BY ETTil THE PUBLIC HEAR! G FOR FEBRUARY 9 , 1976 . U on a call of th rol h vote re lted as follows: Ayes: Co c Bro n , M nr , C ay on , T ylor . Nay f • Ab nt: OV rn , Sm1 Tl yor c rrle • • • • • • • January 19 , 1976 Page 8 • 0 - COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO AWARD THE BID FOR THE FIRE DEPARTMENT RESCUE UNIT TO McPECK MOTOR COACH COMPANY IN THE AMOUNT OF $21 ,091 .15 . In answer to Councilman Clayton 's question , City Manager McCown stated that bid specifications were sent to five companies . Upon a call of the roll , the vote resulted as follows : Ayes : Council Members Williams , Brown , Mann , Clayton , Taylor . Nays : None . Absent : Council Members Sovern , Smith . The Mayor eclared the motion carried . * * * * * * Mayor Taylor recessed the Council meeting at 9 :15 p .m. Council reconvened at 9 :30 p .m. Upon a call of the roll , the following were present: Council Members Williams , Brown , Mann , Clayton , and Mayor Taylor . Absent: Council Members Sovern , Smith . The Mayor declar d a quorum present . * * * * * * COUNCILMA!~ CLA YTO!~ MOVED AND COUNCILMAN MAt N SECO DED A MOTION TO CONSIDER ITEM 7-, "CO SIDERATION OF CO TRIBUTIO S TO OTHER AGE!CIE ",OUT .F AGLI A E UE CE . U on call of h roll, the vote res 1 s follow : Ay Co neil Mem William , Brown, n , Clay on , Taylo r . y on • A nt: Council 1th . Th M yor 1on c rr1ed . Co o . th 1o Army Yo n x y ion • • • - January 19 , 1976 Page 9 on February 2 , 1976 at 6 :00 p .m. to further e x plain the program and budget . COUNCILMAN CLAYTON MOVED AND COUNC I LMAN MANN SECONDED A MOTION TO TABLE AGENDA ITEM 7-b CONCERNING CITY COUNCIL CONTRI - BUTIONS UNTIL THE REGULAR COUNCIL MEETING ON FEBRUARY 17 , 1976 . Upon a call of the roll , the vote resulted as follows : Taylor . Ayes : Council Members Williams , Brown , Mann , Clayton , Nays : None . Absent : Council Members Sovern , Smith . The Mayor declared the motion carried . * * * • * * I TRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDIUANCE NO . 2 SERIES OF 1976 At ORDI ANCE AMENDING SECTION 3(a), CHAPTER 7 , TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ESTABLISHING A NEW METHOD OF COMPUTING OVERTIME FOR FIREFIGHTERS ON Ml EMERGENCY CALL-BACK AND NONEMERGENCY CALL-BACK BASIS . COUNCILMAN BROWN MOVED AND COUNCILMAN WILLIAI'-1S SECONDED A MOTION TO PA S ORDINA CE NO . 2 , SERIES OF 1976 . Upon a call of the roll , th vote resul ed as follow : Taylor . Ayes: Council Members Williams , Brown , Mann , Cl yton , l y one . Abs nt : Co neil M m~ rs overn , Smith . Tt M yor th mo lon c rried . I I I * * I TRO U ED A A ILL Y COU ILMA ILL lAM • • January 19 , 1976 Page 10 • - COUNCILMAN WILLIAMS MOVED AND COUNCILMAN CLAYTON SECONDED A l~OTION TO PASS ORDINANCE NO . 3 , SERIES OF 1976 . Upon a call of the roll , the vote resulted as follows: Ayes : Council Members Williams , Brown , Mann , Clayton , Taylor . Nays : None . Absent : Council Members Severn , Smith . The Mayor declared the motion carried . * * * * * * INTRODUCED BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE REZONING A CERTAI!J PARCEL OF LAND WI'l'HIN THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY , STATE OF COLORADO , FROM R-4 RESIDE!JTIAL -PROFESSIONAL DISTRICT , TO B-2 US I! ES DISTRICT , AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY. COUNCILMAN WILLIAMS MOVED AND COUI<CILMA RO .• A MOTIO TO PAS A BILL FOR AN ORDilAICE REZOIIIG ACE T OF LAtD WITHI!J THE CITY OF ENGLEWOOD , ARAPAHOt: COU TY , COLORADO , FROM R-RESIDEUTIAL-PROFESSIO!AL DI TRICT , TO B-2 BUSII ES DISTRICT , At D AMElWil G THE OFFICIAL ZO. L G A ACCORD - IHGLY ; AlD SETTifG A PUBLIC HEAR!, G FOR FEBRUARY 7 , 1 7b . U on a call of h roll , th vot res 1 e as follow : A Counci rs Wi , Brown , Mann , C yton , T ylor . y on . ..... • • I - • January 19 , 1976 Page 11 • • COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED .... A MOTION TO PASS A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD , ARAPAHOE COUNTY , STATE OF COLORADO , FROIIJ R-3 HIGH DENSITY RESIDENTIAL ZONE DISTRICT , TO B-2 BUSINESS DISTRICT , AND AMENDING THE OFFICIAL ZONIIW MAP ACCORD - INGLY ; AND SETTING A PUBLIC HEARING FOR FEBRUARi 17 , 1976 . Upon a call of the roll , the vote resulted as follows : Taylor . Ayes : Council Members Williams , Brown , Mann , Clayton , Nays : one . Absent : Council Members Severn , Smith . The Mayor declared the motion carried . * * * * * * City Attorney Berardini presented a report concerning regulation of animals in the City of Englewood . This subject was brought up at the last Council meeting due to complaints which have been received . City Attorney Berardini stated that research is being done at this time and suggested that Council review the past Ordinances , as well as the Ordinances of surrounding areas . These Ordinances will be presente by the City Attorney at the Council meeting on February 17 , 1976 . Discussion followed between City Manager McCown and Mayor Taylor regarding barking dogs , and City Attorney Berardini outlined the enforcement procedures . * * * * * * City Attorney Berardini r sented information regar ing settlem rt of the suit against Valley Water District because of over 6 ,000 amage to West B 11 view when their water line r pt red . He repor e that the insurance juster esires to settle for fifty ere n of the claim , or 3 ,100 , n recommended that Co neil not ace p half of the claim but ur e it further . In answ r to Co uncllm n Brown 's question , Ci y A torney Berardini ex lained tha th re would b no court c o s s but approximately four ay b sp nt in ursuin thi tt r . re ulte Aye Co neil ray Council COUtCILMAN WILLIA SECO OED TO FURTHER PURSUE THE SUIT call or the roll , th vot m , Mann , Cl yton, T ylor . Aba nt: Co neil ov rn , Smi h . mo ion c rr1 Th M yor • • • * • • • • ' • January 19 , 1976 Page 12 • City Mana er McCown presented a memorandum from the Director of Utilities to the City Manager concerning water pressure in the vicinity of Fox and Chenango Streets . Council - man Mann stated that this area has needed more water pressure for many years and that a booster pump should be installed ; and he further discussed parts of the memorandum . Councilman Clayton agreed that something has to be done and requested that the Director of Utilities appear before Council to discuss installing a booster pump . Councilman Mann stated he would like to see some action taken to resolve the water pressure problems in the area . Councilman Brown stated he would like to see a study made to see what can be done to solve the problem . City Manager McCown stated there was a survey which revealed that houses in some areas do no have adequate size lines to the water mains to provide adequate pressure . Council - man Clayton requested that those people who do have inadequate size lines be notified . Councilman Brown pointed out that corrosion in the lines could be part of the problem . Mayor Taylor agreed that something must be done and suggested bringing this matter up at the next Water Board meet - ing . Councilman Mann stated that he will present this matter to the Water and Sewer Board at their meeting on January 20 , 1976 . COUNCILMAN CLAYTON MOVED AiD COUNCILMAI MAN! SECO OED A MOTION THAT THE WATER PRESSURE PROBLEMS IN THE FOX/CHENANGO AREA BE REFERRED TO THE WATER AND SEWER BOARD FOR ACTION AT THB EARLIEST POSSIBLE DATE . Upon a call of the roll, the vote r sulte as follows: Taylor . Ayes : Council Members Williams, Brown, Mann, Clayton , ays: tone . Absen Council Members Severn , Smith . The yor clare th motion c rri d . • • • • • • nt statement to b forwar d rict t their public h ring o ocation of the A.R.T. st tion in s consideration of loc t1on H s ated th t RTD is only t th1 tim . • • • January 19 , 1976 Page 13 • .. Following a discussion by Council , it was decided that the wording "north of U.S . 285 " be changed to read ''in the vicinity of U.S . 285 and Cinderella City shopping center" whereeve r it appears in the statement . City Manager McCown stated that Council does not need to designate its first preferance location at this time . Mayor Taylor stated this property is being looked at for other projects and a decision should be made by Council fairly soon . Councilman Clayton requested the Community Development Department to talk with the o wners of the property and RTD to see what can be done . * * • * • • City Manager McCown presented a revised policy on public use of municipal facilities and outlined some of the problems that presently exist . He then reviewed the changes in the new policy: (1) meetings must close by 11 :00 p .m. Monday through Friday ; (2) charge o f 20 .00 per hour for weekend use; (3) meetings for commercial urposes or reli - gious ceremonies will not be permitted; (4) omitted state- ment requiring groups over fifty to employ an off-duty police - man and fireman ; (5) ruled out meetings involving loud noise at the Police/Fire Center ; (6) ruled out use of cafeteria at Police/Fire Center . COUNCILMAN WILLIAMS MOVED A~D COUNCILMAN BROWN SECO OE D A MOTION TO APPROVE THE REVISED "POLICY ON PUBLIC USE OF MU!IC IPAL FA CILITIES". Upon c ll of the roll , the vo t e r sult e d as foll o ws : Ay e Co un c i l Member William, Brown , Ma1n, Cl yt on , Taylor . y s : None . A s n n My~ R OLUTIO o. OLUTI ON ADDI DULE A A AD Co rcil o v r n , mith . cl r e th mo i on c rri • • • • • • 0 LAB T CH I C A TO TH 8 PO ITIO . CY AY • • • • 0 , . • January 19 , 1976 Page 14 COUNCILMAN BROWN MOVED AND COUNCILMAN WILLI AM S SE CONDED A MOTION TO PASS RESOLUTION NO . 4 , SERIES OF 1976. Upon a call of the roll , the vote resulted as follows: Ayes : Council Members Williams , Brown, Mann , Clayton , Taylor . Nays : None . Absent : Council Members Sovern , Smith . The Mayor declared the motion carried . INTRODUCED BY COUNCILMAN CLAYTON A BILL FOR AI ORDINANCE AMENDING SUBSECTION (a) OF SECTION 9 , CHAPTER 6 , TITLE V OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ABOLISHING THE CLASS TITLE OF 'DETECTIVE ' AND 'LAB TECHNICIAN ' FROt-1 THE POLICE DEPARTMENT SALARY SCHEDULE . COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AME DING SUBSECTIOH (a) OF SECTION 9 , CHAPTER 6 , TITLE V OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ABOLISHING THE CLASS TITLE OF 'DETECTIVE ' AND 'LAB TECHNICIAN' FROM THE POLICE DEPARTMENT SALARY SCHEDULE . Upon a call of the roll , the vote resulte as follows : Ayes: Council Members Williams , Brown, l-1ann , Clayton , Taylor . Nays : None. Ab s nt : Council !~em ers overn , mith . INTRODUCED BY COU CILMA. ILLIAM A BILL ORDI At E REPEALING ECTIO ITL V, OF THE 19 EIGL. 00 POLICE CADET TRAIN! 1 THROUGH 9 I LU U~lCIPAL CODE, ABOl RAM . H • January 19 , 1976 Page 15 • • .... Ayes : Council Members Williams , Brown , Clayton , Taylor . Nays : Council Member Mann . Absent : Council Members Sovern , Smith . The Mayor declared the motion carried . RESOLUTION NO . 5 , SERIES OF 1976 A RESOLUTION APPROPRIATING MONIES IN THE POLICE AND FINANCE DEPARTMENTS WITHIN THE GENERAL FUND . COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS RESOLUTION NO . 5 , SERIES OF 1976 . Upon a call of the roll , the vote resulted as follows: Ayes: Council f4embers Williams , Brown , Mann , Clayton , Taylor . Nays : None . Absent : Council Members Sovern , Smith . The Mayor declared the motion carried . COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION THAT THE SALARY DIFFERENTIAL WHICH NOW EXISTS BETWEEN THE 'DETECTIVE ' POSITION AND 'LAB TECHNICIAN ' POSITION BE HANDLED AS FOLLOWS : REMAINDER OF 1976 -$94 .00 DIFFERENTIAL; JANUARY 1 , 1977 -$70 .00 DIFFERENTIAL; JANUARY 1, 1978 -$40 .00 DIFFERENTIAL ; JANUARY 1 , 1979 -20 .00 DIFFERENTIAL; JANUARY 1 , 1980 -NO DIFFERENTIAL . Upon a call of the roll , he vote r sulted as follows : Ayes : Council M mer Williams, Brown , Cl yton , Taylor . N y Council A e nt: Co neil M m re .. ov rn , Sm.1 n . Th yor cl r th mo ion carri d . COU lCllJotAt MA f TIOt TO APPOI T MAYOR OU ClL FOR E lOR CITlZE ul follow : • • • • • • OU~CILMAt ILL M ECO OED TO THE ARAPAHOE C~UNTY c ll or h roll , h vo • • , - • • • January 19 , 1976 Page 16 Ayes : Council Members Williams , Brown , Mann , Clayton , Taylor . Nays : None . Absent : Council Members Severn , Smith . The Mayor declared the motion carried . * * * * * * COUNCILMAN WILLIAMS MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPOINT COUNCILMAN MANN TO SERVE AS A MEMBER OF THE ARAPAHOE COUNTY DETOXIFICATION TASK FORCE BOARD . Upon a call of the roll , th vote resulted as follows : Ayes : Council Members Williams , Brown , Mann , Clayton , Taylor . Nays : None . Absent : Council Members Severn , Smith . The Mayor declared the motion carried . * * * * * • COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO APPOINT COUNCILMAN SMITH AND LEE JONES TO THE DOWNTO WN PARKING COMMITTEE , AND TO REAPPOINT COUNCILMAN CLAYTON AS CHAIRMAN . Upon a call of the roll , the vote resulted as follows : Ayes : Council f4embers Williams , Brown , Mann , Clayton , T ylor . Nays : None . Absent : Council Memb r Sov rn, Smith . Tie Mayor ion c rrie • • • • • • • ..... COUt CILMAN WILL AM OV A D COU CII.l'tA B OW ECO OED A MOTIOt TO ADJOURN THE COU CIL MEETI G. Upon call of the roll, vo r s lte s follow Aye Counc 11 M , Brow , M nn , Clayton , T 0 • y Non • • • I • January 19 , 1976 Pat;e 1 7 • 0 • (• Ab sen t : Council Me mbers Sovern , Smit h . The Mayor declare d the motion carrie d , an d the Cit y Council meeting was adjourned at 11 :15 p .m. City Clerk Z/ ,~ • . . ..... • • , .. • City of Englewood 3400 S. Elati Straet E"9lewood, Co4or lldo 10110 Phone (303) 781-1 140 • 0 - 2. A PROCLAMATI~ Th. City Council of the City of Englewood takes cognizance of the fact that the Reverend Sherman H. Miller has well and faith- fully served as minister of the First Christian Church, located at 3190 South Grant in Englewood, for the past thirty-five years, and in so doing, likewise, has servecl his ity well. The City Counc it further recognize that the Reverend Miller c ontinuously has given generously and uns tintlllgly of himself in the ~ charg of his ministerial endeavors during this thirty-five year period, and wishes to extend its sincere commendation and grateful appreciation to the Reverend Sh rman H. Miller for his lOng and faithful contribution to his parish and the community of En lewood . GIVEN ER MY JW.I) SEAL THIS 2 DAY OF FEBRUARY, 1976. Arn.:sT: ' • - Th Arapan County Task Force on Alcohol Problems. Inc. 934 Eao;t Harvard Av .. ue Oen v r . Colorado 80210 • • • Cngl ood City Council Englewood City Hall 341)() South Elat1 Stre t Engl ood. Colorado 80110 • 0 • • , • • • APPliCANT: Th .mas J. Ginther • 0 - COUNCII ACTION REQUEST LIQUOR AND J. 2 BEER OUTLETS dba Cherrelyn Dr ~ Store 47e5 So. rroadway F issue Liquor Licensed Drug S or Lie ns to applican POLI CE NlD FBI REP O.TS: ro record or wants PR IOUS CITY C') NCIL ACTIO • DURING r IO TWO YEARS , F. rWDING At!NUAL RE!IFWAL: n {c,,U...a ... --:-1 • /l.1r H..._, f 2 c • • , • • , . • TO: ERIC JGIANNISSON, DEPAR1MENT Of FINANCE FRCJ.I: BERNARD BERARDINI, ClTY ATTORNEY DATE: JANUARY 26 , 1976 RE: TtiCJ.lAS J. GIN'IHER, D/B/A OIERRELYN DRUG -RI:ISSUANCE OF 1HE LT<p?R LIC».SE DRUG STORE LICENSE I no te from the Council ction reques that you have tatcd un r 'Co nts' that John and Mary Lidke have sold the dru store to Thoma Ginth r. It -ms that the document forwarded with r espect to me d s not upport the con lusion that a sale has been effected but, rather, that there has been an a signment from the lessor John W. Lldke an.! lary F. Lidke II " 'Jwners. If there is an actual sale involved we have no documents suppo rting i t. If it is merely an assignment as a lease and the purchase of the stock the Assignment of Real Estate Lease and Agreement apcars to be in order. ~ -BER~ V. BERARDI R 'B : 111 J . ,.~ • . .... • • , \Jt~Y or tng1ewooa , Loloraao Pe rsonal History for Ltcensing License Applied For: • - _iquor /3 2 Beer / Recreat ion Fac lllty _____ Health Therapy _____ Other _____ _ -n~~.s ">rt t SECTION qq1-';')-(.,/1/'f Home Addr ss_~J4~,<h~s~·-x~c~l~~c~~~~c~+~--~~~~~~~k~~~~(~l~~-~C~,~-/~o~,~---~Y~o~~~d~rL_ __ StrMI C ity ) Stete Zip Soc1al Securoty Datt> of B~rth __ ~.::NC.!:~~\l..___~::::..;.) ....!....! !..4~(, __ _ Place of B1rth <; b.o u I) , tl' c:, e1ght 1'14 /b·color of Eyes __ tui3L1Lf!:f..=.L __ Color of Ha1r tiro.._/1.-Race ~Sex ~ C 1zen US _ _,/""---..._.other _____ _ Manta! Sta t us. Marned / S1ngle Divorced (~tNT fcf'C Address of Spo•JS kll e ...... ,.~, c u f~· j'( ..1 ~ S' c .• , st ... Z ip Ch1ldr n Age ')" •I :,.AR 1 Age .1. 'flt.8.& ~ Ag Age Parents Mother Name tl1q. j) .:b b G:~~ I .lit-,' i) fC ~ ·~~·-= {)_ Brothffs 1St t rs • ' • • ' • • ..... Addresses · past 5 years N ~ll /"1 s x~ ... ( ..... c From \~ l ~ to !lev~ Street ?~I +-~ MOftth ·Year From <)(~'t l'l'll to Street 2 1(., rtv j,· ,(~ell 6;v,1 Moth ·Tear Cny J, tl "'"'""'" ('l') State t'. I u Ctty c ,tl rv TVN State ..... 1.-L. From .:f,.e~!: lq 7v kJ )tf1 I :J '~l St reet )?\ ... (.,._. f'~ ...... cr )t Month ·T•ar Ctty (',tv-,,_ State rL.( Fr O!l' ~ .... 1o to Iw t:.t:~ li 7u Street 1 )~ "'-' ft,, St Ctty c ~N ,,_; State Tt..'- M onth ·Yea r Fr o m-=-=~~~-,-;;,.-:.,~-lo -----Street -------------Ct ty S ta te !.. h•lt '"' N ('\" .1.. f ,'•c<l ,,., 1 ( 1 0{(1 7 1/L.. Hav ~ou e v r been conv te t d of a felony or mt d e meanor (exclude mtnor traflt c vto lat to ns ) ¥ s __ No / II y gtv dates , places natur e of of fen s . pena lt y or puntshmen t _________________ _ ' Characte r References L1st Three (3 ) 2 3 • ( • • • • • SEC 1 o 0t~ ll Hea lt h Therapy Applicants o n l y nglewood Busrness where yo u wo ll be employed __ ""N"'a-::m:-::a----------------------- Addr es.,_ ------Own rs Name _________________ _ Accrcd ot ea School o f Massag Attended Street From ---------to ________ Number o f Hours Traon i ng Re c e oved ------------- A l l pre v oo us em p lo yment on Health Th rapy Establishments 1 Nam£' Fr o m to Add r£ !,_ Owners Name 2 Nlmf' From to Addr f>S ___ Owner Na me 3 Nam From 0 Addr ss_ Owners Name 0 c t ors St at mcn t 1 h ~<e e amon a th o e named applocant and fond the ppltcant to be on good h al•h So gn d Date -------------------- Add r ~-------------------------------------- ====================================----- SECTION ill A lo a t •ltC n t uta• Puo hc STATE Of C lO RADO cou w orn ,, tor tom If 1 nd that h a h e ant bov named . tha t he otng loC llltOn ont nt reof nd ttat II matters and f or t a r tr u t o ( • • a on .. r n t for m , • - • Pollee Action ; Englewood Pol•c e Department fingerprints and Pho o Taken • 0 • ~~~ I • .... Yes ____ _ No ____ _ Taken By~.'-' _ __.t'-''-"'-'l..:.j._.,._,_,"-'-"l· ________ sent to c B .I._....~... ____ F.B 1 _____ Other _____ _ Fmd1ngs No records or wants Comments Okay to issue 1 icen!:e ,. S•gned~~~~,~~~~--~--~~~--,_-+_.-4 l,...eat a hf\1 Othc.er Dtvtston Re cnu Dtvt ton Actton / Ap ro v _ Dtsapprov d _ -------- Comm nt • . ' • • - • ( • 1,w : CQ./l'J (!• 'ei.. fvr. 2~lj )..,, 1 iA-1I fan lu n , r LL . •.., 1 rJ"' a11 Cu "C "Jtn: • 0 t• • 7 u Lt!llvr. <.1 l.u 4t>AvP a1. o IIPCumt1't>nda!.wn !o11 11 . :/.una : , Lnt ne 11 . ~1 . i.nlheJt a nd ( .1'-!ltl '•ecwne ac . tiD.i.nLe.rl Ll'l 19 64 uiten 1 1><tlh 1laJtl"d "lxz-t'"IO.C 1c QoL at i~<' >1... Ll)u.i.ll [olll!l)e. u! "hivunact Ull'-', u•1-t eaA1. iAJ?t>IAe .. '-" 1cltvoL ~A . t . hvJt J.hl) d f. '! LAJ I I' t!e._ u:.aiea iv hL., niiJII'ttwn in f'~c 1 hir>h.ly. muhvat 1 arul ve.~t;t LrtiPLI t?ni--1 LTL<.t UL 'lCMI)L on the )pan'.,_ Lwt and l),~{.ai..niNJ "'t'l~e.Jt.,_.hi.p i..n /,e '>,.,u ~L )vci..el•t (tA P nalwnaL 01VJ.Nfl().c<J 'lorw '< 5vci..ei•J}. C.n 1969 he. ua'l. anpvLI!il't ' ~P ' u.ula nd<.NJ [a I)LLc 'lou.i h t~l the Y f'fllt '' b'l-lJt , <'leJtt~me hL""Illlv" al I r leuman [utie.Jt vi 11 laJ.huv,wn 11nLvM/iLf l/ PJiLcaL [ammL'l.o \'ul Wntf a !teA f)Aan'uo.lwn !~t.u"' lAt. >(, Luu.i.A [ollw_.t! u : 1 t<llt!ftO.C tJt "'"• '-<-niAM acctpl«i 11 qu.Lie IH'100fLtLbL nu1ilwn a1 tJ.p hi·' hf:vvrC.cvtl al •Jtakvr. -lu .,_,i.fal in ru 'I.IAJ'I.; <LL . 1/....ft LtVtfl? '1. I an/l)n, ~Jt • ..,LIIJ.h eJt 1 . I) J i. ,,[I {I) ~ i.11iM rt 'c Lll lit CQ •ut d'J Ld ,;J a 1"'111./.l fu,.n-- O'Ca•r a ,., rA ul t Ar ll'-?Al11 I) I [ul ~.u , a'!li t'w'ltl 1 /.1 ~ 1<lH .. t .. c tr d [., ch ,~ .. , II) 'l.tiiV 1)11 QUit. "'u'l ,Jt ci)WI J l) 11)11 i} UHl Ltvtrr ~raA t. .Sn t.' o l • c I l~ ,,, t tfafllii.rv;, AUfJ</1'1 tih/ . .. ~~~ • . ..... • • -• 0 • P· J A1 IJ.Ul.ieP ,.aJtii..eA i..n ""f LeU.Vt 1 9 have krwwn 1J)m con.ilttUJ):tAL'f .lo11 uveA p/even. 'fCWI'L. le we•!' f~ti..eruL1 dwti..n!; tJ IVt li..ve r;ea.n.IJ. n l~c11 \clwol , arul foLLnwi..n.ff 11clwclL1 1 1•otA dw~ttLIJ Ute~~eal~eA h •Ctl/TI P mi!II''·PAIJ. o I tJ.!' c um~IUI.i..i lf of (anwn, SUA Yn. (an.Wn. Wf' conli.n.uui o •t.Jt l11i..erv ,J.i.p and (M1cf iced I.Jte ~f!_ f]lttJ I eM Wit ( pkuvrnctJ}1 llf!.ltj.i..n:; U{JIJ" eacf. utJ.PA lcJit (MtJPeiJ.IIW nD.i advire. r,n. r1tJ upt.nwn., h. ;A defi..n.i..lPL,, ' ma~ f.tJ e iAtVtled and 11eli..ed ~~'"''"' "') ,,. 'l. .... ' • • , - Newman ent 'r. ' 1\ ,J ''dht 11 I r , .. , ltu lit rl 'r '• "'• I ~ I ,, • 0 • ..... \ '<lica l Campu 2:!'i '-t11u1h fu< lid \<'flll<' ',t I our' ''''"'Lilt (.3110 36Hill0 ' I ,,., If, I ,, < 1\t\ It lOme• F \\tll.,f•t .. ,,,, f'hl> l~rtc R_,., 1-!!,l>t·r t \I kt.J\' '~"''I Phi' tt.un• ,._ ... \(t,' I •1/ •• /'1' ( (l'll'l' 'l I\ I ,/•, .!1' A')~()t IJ it ' I,,., ((Jf •. • • - • • 0 : .. • W. K. WILNER. JR .. M. D . To WhOI'l .Lt Mill' tioncern: WEE-MA-TUK HILLS R .R . 2 130X165 CUBA ILLIN O IS 61427 309.789.6616 uecct.nb~r 29 , 1575 »uri ~they BrA th~t Mr. Th o~~s 1. ~int he r wa s Phn r~e cis t a t Greha:u Bospi 1\l 8nd I was Chairman or the Pharoa cy and Therl'l,eutic a Col'll'dttee, I had h~t opp ort·mity at wortcing with and ncwi hi well. I found him to be hqrd working , l~t e ll e tuelly prog~ ss •~e a,d honest . B e had the res ct and adMi r ati on or those who .... orked wi th hi• es well 8s that or the J'Piq tc ~l starr . The c oMmu ,ity or Canton, I ll i nois , and t he hospital bo h ais Mr. Gin her and his 'ovely fal"'ily. It i~ 8 ple~~ 1re to reco. end hto in h s tntur e ,daav .rs. Ve ry truly yours , C-.• . "-·J •• } I I W.K .W ilner ,1 r.,r~ Chief Ane. ha.iol y V ~t nt Ura.'l n1 Ra p i tal C ~o , Illin 1e :jw .. ~ ' • , l • • - (Unconditional reassignment) ASSIGNMENT OF REAL ESTATE LEASE AND AGREEMENT Thia aaaignzent of lease and agreement made and entered into by and between Tho mas J. Ginther dba Cher~elyn Drug Store (Luau· hereinafter called "llorrower"); and John W. Lidke and Mary F. Lidke . -------------------------(hereinafter called "Leuor"); and ' Metro National Bank (hereinafter called "Auignee"); WITNESSETil: WH!RIAS, Borrower haa heretofore leased from Le1aor certain real property by laue dated Dece!Pbe r 15. 197 5 for a term of fiye * yean located in the ----County of Arapahoe , State of Colorado and ducribed at followe: Lots 25 throuqh 28, Block 32 Jacksons Br oauway Heights Also known as 4285 South Broadway * Beginning flve (5) years after commencement date of this lease, the base annual rental shall be increased or decreased in proportion to the percenta increase, if any, in the Consumer Price Index since December 15, 1975. Consumer Price Index, U. s . 1967 equals 100, published by the Bureau of Labor Statist i cs of the U. S. Department of Labor. AID, VHJaiAS, Aeei&nae haa auth ori~ed the aakin& of a loan to Borrower tn the aaount of • 50, 000.00 , due and payabltt on or before December 15, 1981 AND WKIIIAI, auch loan 11 for the benefit of both Borrower end Leaeor, ln that dha fund• are to ba ueed for tha benefit of the buatnaea conducted on the leaead pr .. taae; NOW, THillrOll, for aad in con a idera tion of the pr .. teea and of dlebura ... nt of eald loan or eay pert thereof, Borrower, with the content of Leeeor, hereby Aaal,ae, Tr anafa r l aad Conwaya unto Aaaiana• the 1aaea above daecribed, TO KAVI AID TO HOLD t , ... for and dYrinl tha r ... indar of tha tar. .. ntioned in the 1eaea, aad a ll ren ... le and axtanalona of aa ld tar.. A. lorr..-r aad ae or further Cov enant and Agrae : 1 . lorrowar 11 not n in default in tha perforaanc e of laaea; a lorrovar and Leaa or will ~tach pttrfora the cov enanta and condi t1 r eq u ired of hl by eeld leaae for th tara o laid loan and en axte aioaa or ra eval of lt . 2 . xcap t aa otharw lae haratn paraitted, rr r and Laeao will oot, al t bet~en th lfy or teralnate aald 1 ... 1 wit t t VlU Po ll • co ure a force lor uu ' (2·12) \lO•lA • • - • • ..... therewith, including his agreement• herein, then, Aeaianee, at ita option aay , without notice, using euch force aa may be neceaaary, eater aaid leaaed premiaea and do any one or more of the followina: a. Remove all property of Borrower therefrom that ia hypothecated aa collateral for its aforeme ntioned loan. b. Sell the property referred to in paragraph a. on said pr .. iaea . c. Tranafar and aaaign said leaae and Borrower's righta therein to partiea aatiafactory to Assignee, and upon aaaiaamant, the obliaa- tiona of aaid leaae ahall be bindina on aaid tranaferee . In the evant Aaalanee ahall only undertake the optiona provided in paraaraph a. or b . it ahall have no obliaation other than pa,..nt of rant accruina during the period of ita poaaeaaion of the pr .. laea. In the evant Aaaignee ahall make transfer of aaid leaae aa provided in paraaraph c., Aaaignee will cure all defaulte in aaid leaae, and ita aole other obligation ahall be th~ payment of rent which accrued prior to the tranafer of eaid leaee. I . Leaaor aareea to, end doea hereby, subordinate any lien he .. y, now or here- after, have on the property of Borrower, that la now or hereafter aecurity for the aforeeaid loan, to Aaaignee'a llen or liena on eaid property and to Aaelanee'a riahta herein . C. Leaaor hereby repreeenta and warrant• that title to eaid leaeed pr .. iaea i a held by h~ in fee aimple end that he haa full power and authority to enter into thia A&re .. ent . D. Thia A&re .. ent ahall be bindin& upon and lnure to the benefit of the pereonal repreaeatatlvea, aucceaaora and aaaiaaa of the partlea hereto . Wituu our haDda aDd aeala thh :....12_ dey of December , 19.1L· Thomas J . Ginther dba Cherrelyn Drug Store B "' NOT!: Huat be aclr..aollledaed by Borrower ana•-u.....,1.,1""ont"'7-.:....-~.:....-.:...,;;.;:=.._;_~;;;...------ .. nn r 17 ( 72) ' • • , ( • I M':I<En:r:~ 'l FOR SALE or 'J'Ill': CHFHhlL Y~i J;PllG ~>rut ·r AGREE M [NT maJc th is 15th day of ncrtnl a r )Q7~, between John lol. Lidke and ~!ary F. Lidl>c·, hu~<band anc wife ns joir~t tenants with the RiLhl of Survivcn:hip, cf lngie1,ood , Color .:;oo , llt·rc<:·after 'alled the Seller :~nd Thomas Giuthcr and s .. snn GinthLl:, husbarau anC: 1-:ife , as joint tenants 1dth the Right of SeJ'\':!vot !'hip, c·f !.:tl e1wod, Cclor;.do, hereinaf ter called the Purclwser. When•as t he Seller 01-ms :~nd op rat s a generAl phntrnacy busi ness in the Town of Engl~::1.ood, Colorado under the tr<Jdt noce nf r:-errelyn Drug Store, ar.d 1-.'hercas the Purchnser de!'ires to J'Archase from the Seller the Cherrelyn Drug StorP buEineso, as a going concern, excl~sive of c ash and free o f any ohligatl on!' for Lcrounts pay~tl or other lidhiltties of the Seller. Tt is therefore agreed: 1. Sale of Business. The SPll r r.h~ll ;; 11 to th Pur haser the Ph11roacy busin ss O\o.Tl d and cr, r:1ted by t i1c St:ll r it. En~;lc~.;ood, Colorado, known as the Ch rro .. lyn Orng Sture, as a &uing cone rn, :ri'cludi th good ill of th ph.:~rnncy; lh" :·clu. iv r i hl to liE•· tl. trad r .. ce , Ch rrelyn Drug Stor ; all the ph nqt Putic.d invcnton·. fl.arnitur<, fixtun.s , su(lplie and quip nt now u d in th phr.rm LY \o.h irh tl'-11 irclud , but not be li it d til r. n , tt. :.tt •Ch d 1nv£ntory li t 2-5 d t"d !• Ctlllb r 14 , 1975 , whic i de a port er o ; Ar all rcLor do , ust~ ~ta , and suppli r 11 per tin nt to cf tll I l1 n 1} n t't ug f.tc r u ness. 2. a!-.: d l r o~ '< lurl ;m nd o r in ban~s du oC ll this Gal • 0 ae 0 nt f th dru Ul t llb .J\'411 .. 1 for in- t1 n t rln " urs i t • c y or p r1 d t 1 1 r r - • • ·-. , ( • • 4. OhU_!:_aU O l •S _of_J)~l]5.:.__;; ~l:E..!'.£.<~l!.!'.!-2.. P!:J!'L~. A 11 .,<:counts paynble and othe r J ·,.,t,il"itiE's i 1•< u r red Ly tl:c lllue S rorc up to tlu: date: of this Agr e <'mcnt , iu.-Juuing liu L·U i t.i cs f o r o: i.u c.om·<.'c tiun ,.·ilh r·harnoa- ccutica] se rvices n·nderc d pri o r to the cl,"t<.. of this /.gr c em c nt, sl•all be paid by the SP l 1 c r, :md the :eli c r !>hall inJ cr.;ni fy an d !':ol d the Purchaser harml ss again s t a ll s uch acc ouut s pa ya ble aPrl other l ial i l1 ties. 5. Cont:_racts .'l.!•~_!,_i c~~· Lic e n s . s o f the Tmm c f Engl c •co od , the Colora do Sta te Sa l <..s Ta x licens e, C1ty and State Lique:r License and the o bliga t i on s of t he !)n ·g S tore to the Fu.l cr <: l Bnrenu <>f tln r ct•t ic s and Da nge rous Drugs, 'l.•i 1 1 be o bta i ned 01: c h a nge 1 o the narr.e c•f th • P u t chaser • by th Purchase r, ~it h in a r aso nahle ti~c followin3 <..x cc ution of thi s Agr ement. Seller :::hall notif y these t a xing enti tic s of the chan ge of O\.'Tlership within a r ~ .. s onable t l ne followi n g ::ec1:tion of this Agreement. 6. Purchase Pt"i c • The purchas e price for all the assets an d the inventory of the Plo a rn:n cy is $75,00(1, to be adjuRled upward or dO\.'llWard by the amount th inv ntory is hl'l c w or abt:v e $50,000.00 , and $5 ,000.00 is attributable to the r~strictive c uvennnt s referred to in parqgraph 7, and ~59 .355.5L __ is a ttribut ;>l;o <: tu tl. ir.v.:.nte>r y. Tt.e !>ure o f $57,500.00 ,_ .... h a s b en paid to th" ~; lller ir. ca!lh at l h t t i r. o f ex •'c u t i on o f thic A1,r Ptlen t. Th balance of $2 6, 8~4 __ is vidcr. t;d y a :.;q-.:.£ate rron.i s sory note executed i r. conjun Liar. 'l.!t h tioi r; A(r ee~Ht b y th Pu r c t 'l <:cr and r:-ade payable to th Se ll r p ::ov l.c!:!.q ; f t:r p.J ;:r c n t cf t ht un1 a i d pdnd p ..;l <l t tt-rat of n ~c l 9:1:) per nnuo <n m n thl! PL)"l"' n t o f __ :...$:::.4:::8:::.'•..:.·..::2~) a nd i n r est \.ntil fl.'i d ir f 1.ll. 11:i s c t i s !';..:cu r ed b v n t h inv~ntory and f i xt u r ~. o f p ri ncipal con cl lien on 7. Rutrictiv • l.u~::n t s c!_fo Jh r. fo r a p et i< d 01 fiv • (5) y ars froo t h d a t of t hi A J e ,r:n.t , SLl. t s'a ll ret dirt rtl ) or indir ctly rg g£ i n t h U l.O l <'fa l.'< ~ .r d p h •=c:!s t r tl.i' c p tion of a pharm. y i tl'.i n a h U ) i l radiu n i tl-'rO\.'T' c 1 rn s 'l.·o o d , Col r d o . 8 . d ft i u lt c.;f n f r. th 11 unt of e l viol t i o n o! h l I r 1 a or 1 1 r L:· t i 't to , ~t.nr t. u h vi o l a t o n or c I· •n 1 -2- •. • • I • - 9. -~o v cnant of Pur_c_!~__o:_r:!· The Pnrcktcer ~:hall indemnify and hold the seller harmless from uny linbility as a result of th e opera tion of the drug store for any period of ti ~c af t er the e xecuti on of this Agreement . 10. Tr a n!lfer of T~. This do cumC'n t upon it s c·>:ccu tion , shall be s uff icient and good title to cunvey gocd title to all w ~set s and tangible persona l property that are pass ing fr om the Seller to the Purchaser under this Ag re eme nt. 11. Com pliance with Bulk Trans f !:!:._ !:~o_!l.££!__ the___Q_ni form Commercial Code. The Seller and the Purchaser her b y ag r e th3t du ring the negotiation stage of this Agre<·mc nt that tLe n ecessary list of c reditors and schedule of property along with no tice t o the Seller's creditors of the proposed transfer has been given in comp1innce with the Uniform Co nm e rcial Code . 12. Possess ion. Possession of the premises J<.uo\m as the Cherrelyn Drug Store , including all assets herein b e fore mentioned , including but not limited to the inventory shall b granted to the Purc haser upon the exec ution of this Agreement. In Witness Wh crcof the parti s hav r.i ned th i Agreem nt. /· /-( .... ....-.... // £.r.-."{t'L S lle r -John W. Lid l;e ----- } 1 ,;Vt./. Sell r -.!!at}' F. Lidke , -~-~~~~·~~t--+~~·~'~----- Bu y r -Su!.an Cinther Sub c rib d and ~or n b f r ~ t ht 15th day of D l.'lb r 1975 y John W. Lidke, ~·ar -f. L!dl , Tl. a a .T. f:i nth!r an<! Sua n Gi nt h r. (S C A L) I • II and S 11 r tn 11 t I 1 <CI.r: l l.lr lly trvt •d f b Ui ra r S J.1 r . • • , ( ( II PliJ'J ~1~1 ~'3 · :·"'..!'"' c•OO f AS I I ( I 'i It~ ~J A · •• J" ",J i f ~~ \ I • . 'l .. .' I· •"II-~. f:: (. ~ 't • P[qf _,R· HECEIPT MID OP1ION CONTRACT (BUSINESS OPPOP'J u};lTY) -----~mher 21 ,19~ RECEIVED FROM Thomns J. Ginthe r Purchaser the sum of $5,000.0_0 ___ in the form of a note to be held by Sitefindcrs Re;~lty. In;;-:----,-broke r, in his screw oc truztl.'e account, as earnest money n--n-d~- part payrcEnt fCJr th( foll o ... ing dcscri. cd businc~!l situate in the City of EnglewQ~-- County of_i\raJ?Ahoe , Colorado , to ""it: 4285 S. Broadw.Jy Englewood, Colorado The Purchaser agr e to buy the abo v hLsine s e n the following terms un d conditions for the _~:urchase price of $ 2~. 000..1.1us inven,t'l .1)lable as follows: 5, 000.00 hereby receipted for, S 52,500.00 cash ur ertifi~d funds on date of clo s ing . S~ller to carry $17,500 ove r a ptriod of six (6) years at 9% interest, payable in c•q ual monthly installments, principal and interest, of $315.45 , commenci ng one (1 ) month after date of closing . The abov purchase p rice is bas d upon ApproYlMIIt inve-ntory of S 50, OOQ.:_QQ __ _ and th find] s llin~_; price shall be adjustPd LJ ~o.ard or d<.1,m .. rd upon com pl t:lor of fil'al :Inventory at dute of closinn and adjust f'cl <:lcordingly ir: the aa:<•rt:lz d loan . The above purchas price 10h<lll includ th.., fc lowing: 1. All furniture, fixtur es , sign c .,..,J t'IJU 1 pm,•fl t o n prtmi ~~s date of Lh is c ntr 1 t. 2 . .\11 jnventory. ). All goodwill 4. All pr '<'ript1 o n fills •• 1 ... , ~· not to .. c: d ( r for ~· t r r.<' r •. ' • • I • • The date of closing sh .~ll be on or heforc: DC'cvmher 15, 1975 and the hou r and p lace o f closing sb:11l be dcsif;:J <!te d by_~)v:fi..D~-r~. R~<JJ .LL.:J,;~-------· R-.':* 8. Sell e r a~rees to ex end t o Pnnhaser a lease on the premises for a perjod of five (5) years at $750.00 per month rent with an op t jon to r enew for another five (5) years . The r ~n t would be based on the.> above mentio ned base r ent plns a cost of living indQX inc r ease . 9. All inve ntory, furniture and fixtures ~s m~n ti oneJ abov e shall be free an d clear of ~n c umbrance s and Seller agrees t o s~ll in co~pli~nce with the Uniform Conunercial Co de o n ll11lk Transf e r (Chap ter 15 5 , Articl e 6, C.R.S. 1963). Upon approval h reof by the s c!l ... r, tid r. "'S ll .... .!nL ~t. ... J. h rur .t ccrtra t b tween SPller and purchaser and ~;hall inur .. v tl, l r.' f1t ,.f tht I.Lir , t.uc usor and assigns of said par 1c • Purchaser I h ·r by cutlir. d SIT fl tD ilgr to s 11 l t. abov , and acrfl S r. LTY , I 'l . • .. ------ abo•: to r.y rrt and co nditio •• r. dat\ of cl 1 G to n • ·'-'---~~-- , ' • • ( . • • • - STATE O F C O LORADO D EPAR T M ENT OF RE VE N U E I • APPLICATION FOR A LI QUOR LI CENS E THIS APPL !CATION MUST BE FILED WITH THE COLORADO DE AHTME"T OF REVENUE STATE CAPITOL ANNEX BUILDING 1375 SHERMAN STRHT DENVER COLORADO 80203 !3031 B25 9061 ekt 411 NO LICENSE WILL BE GRAIIITED UNTil THE APPLICA TION HAS BEEN APPROVED BY THE LOCAL LI CENSING AUTHORITY IMPORTANT CHECK THE APPROPRIATE BOX FOR THE TYPE 0~ LICENSE SI BEING APP LI EC FOR THIS IS AN ORIGINAL APPLICATION AND A COP Y MUST BE KEPT IN YOUR FILES FO REFERENCE NHEN APPLYING FOR RENEWAL LICENSES . RETAIL Ll UOR STORE LICENSE X Ll UOR LICENSED DRUG STORE L ICENSE BEER AND WINE LICENSE FEE S 50 .00 FEE S 50.00 FEE S 25 00 WIN RY LICENSE S 10 ,000 BOND REQUIRED) WHOLESALE BEER LICENSE' WH OLESALE LIQUOR LICENSE 1110,000 BOND FEES 25000 FEE S 500 .00 BEER. WINE AND LIQUOR LICE NSE fHOTEL RESTAURANT) CLUB LIQUOR LICE SE EXTENDED HOURS LICENSE (HOT[L & REST AU RANT ONLY ) BRE WERY (BEE R ) LICENSE ' 'MA Y REQUIRE BONO FEE S 25 00 FEE S 25 00 FEE $200 00 F EE S 25 0 00 R EQUI R ED) F EE $1000 00 DISTILLE R Y LICENSE !110.000 BOND REQUI RE D) FEE 11000 00 RECTIFIER LICENSE (l 10 000 BOND RCilUI RE DI FEE $1000 00 PUBLIC TRANSPORTATION LICENSE (PLA N E. BUS . CAR) i> $25 00 EA IMPORTER'S LIQUOR LICENSE FEES 250 00 TI'E LINDUSIG N!D HEifiY MAKes "~P liCA TION fOil " SlATE liCENSf "5 I OI CATf D "lOVE, UNO£ THE PROV ISIONS Of CH 75, All 2 CltS, 1963, 5 "YfN D. AN D fOil n.AT PURPOSE MA KES THE FOllOWING ANSW£1tS TO THE QUES TIONS CONTAI NED IN TH IS API'liCATIO N !VERY APPliCAB LE QUE STION MUST 8£ AN SW£RfD ANY PAUl ANSW£1 Oil STATfMEN T MADE 1Y THE API'li<:AN T CO NSTITUTE S ~IIJutY AND THE PE RSON MAK ING SUC H fALSf STATEMENT SUa.tECTS AN Y liCE NSE ISSUE D HElEIN TO IEVO CA liON • • ' .... ,<i ~' Add,.u of p4 e to be hunted EXACT l OCAHON Of PREM ISES MUST If GIV EN G•~t• uree t .net nuntber ""'._,. pott,ble If pl.ce to be h<en..d 1ted .n • t n Of rvr •l dtltrtet w+w re it ;. tf'r\POU tble to gt w '''" t end num**r the fot •nd b o<.lt, numt.r Of ~" of •.ct•on wfol4re locer•d MV\t (8 ...., fl 'h •• ~ C t; 01 r~n • Colouodo 'rl Jj (, CouMy l ip Code Z·p Code 0o 't h •..,. ~I MU • of the pt"e lftt Mt fOr wfttctl tt.tt • ., fOr j, ., .. " "'•"-1 4£.':>, Are ttw P'eM••• o...-M-4 or ,_,.ted' ~~t:t "t£ r· tf ,.." froM.,.....,.._., ~"rfN L '.,_._ ,, . • •• • • ., d ,. ........ of ••od u • •"' (,f • ,. • CetPOta • 0•_,.. ....... ~.. 11111 •evld , .... , .... • •• ••• , ol •41 • ... .. II A•• •• . ..... ., " 011 HA I" I f AA At .... .. • • ' • • ' • I• • 0 , . • Ooet af'y penon, f rf'm 0t COf'pofl hor'l have • ftMn<:••l tn re rest e¥rdenced er t"-e r b., lo.nt or eqv•t y owner1h rp on the fOt" wh•c.h thn hce nse 11 tf'qu.tted' If the antwer 11 ytol stete nemea •"~ edd-euet end amount of such ftn anc,•l eapreued e •t.,e r '" doll e " or other rtems of ya lve, tuc:h •• tnventory. f~o~rn•tvf'e f .aturet and equt pmenr P'k Tfto »1\•·~~il .. C\A..;K -11 ~~; .. tv .-~ JC-11-.~ L1)a-11 .J..6,soo . 15 llt t f'h,o. "ltnea end .ddreufl of ell but•neuea '" whtd\ a ny of me penona .., the prev•ou• q ueation a re Intereste d Nomo ..... Addreu 16 17 No X No No )(. II Do you have • Orue Store lkenM lt1ued by the Cotor.do State loef-d of "'-rm.Ky7 YfS X Are you or do y~ e mploy • hg11tered Phe rtMc. t m the St ate of Colotedo? Y(S 'A NO NO If YES, LIC!NSf NUMIEI If YES, llCf NSf NUMIU 19 If THE Al"''liCANT IS A N INDIVIDUAL one-(o) and (b) (o) ltfM•A) .T f.:LtJ THf I !Nomo ) If ,.,.MOtH of ""-buatneu it not ,.... e ppftc.,t em ..,., (b) 20 (b) ....... ·~· t'i ~ -Add<- Homo....U...o Lt~,.e ... , .. ,\ r ,,,, Coty I Clry C•ty c..., (cl -· 4.4 ..... ,....._.. p -· .._. ..... .._. ..... -• """' ol ,...-. .... ·-"'? _._.~ .. , 21 " h t•t .. I,,., ,,.., 1, ... ..... ·"" ,, ·-., ( .• , '~ .. -·-' .... (DIIe ol l •rlh ) (D.ieol l ... h) (f•c.Pt •~ end w ·fe , :ileto til • • , • b . When dtd you pwrchne or attrt opet'ttlng this businet~? Oete (a) II P"«ha,.d, f rom .. hom? .,lc til>. J. l.Jl ~ ~ • 0 • l)!:C I 'I I -r ltl (IJ l .) I • 1'\ I'> £..,, g £_ 23 G•ve the nemet of three res pons•ble ch•recter referen<.es who un vouch for voc..' queltf•cetiom end des•rabil,ty •• a l•cenMd operttor, showmg the number of yetrt you htve known etch R< .JfJ>o(•lt .. P•LKi"SrtJ) Name Ql.;. UA~'I. I : K!!ifi,/{1 R ~h . Name )z . i.J.)AC ilf!u x. ~1'""-'"'1 ]i, Name :/l.;' '> £~c"~ A-~ Addreu Hfi.. ~. (,~s r >r Addreu t\. ~-1. Addteu ')T. Luq,c,, Coty er.IV 7"c ~~~ C·ty ('LA A City 2A litt below your butlneu Of employment record for th. put five yean 0\~. .._.It/( State -:IlL · {.;fJ/:)7 State Firm Neme Addren Your 'oe.•t•on D1tn Employed ,, No Years Known II No. v •• ,... ltn own (· No Ye e n Known ) .. .rf X t"::"'.!l .. -·· 111"\ ~ Cl'e~·""-IT, ~Ao.~l0/J1 r~,. ((l~,H ~"p.:"') u-7"~ .;,. tl-?f. ~ LL.~~r-·· 6-~o~· t11e< e; .. MI:I /.Ji · .... t~· nu:lJ I d.J>,fJ.Ill (C ~I~f &tl\~'\ ,s;) /L' .,~ -tc lt-1'1 t . c.~AH~o ll ~ ... 11 l. A.> II.)• 1,.10 •.-. I::R <~·l )i.-('A.-r"'.:.trH (~)II<~ lli Ao\r l,) /-7• tu 10·1-f Jltl ol),t j J 0 1{:,.HL ~~~ l'l>lul) LHJ('b M~ ~'f ·)·.,~d ·'MJ ~~ ~, .....•. IF TH~CATION IS f04I ,.. ClUI U QIIOtl liCENSI, "NSWER ESTIONS 25 THROUGH 32 , • A club m .. nt a u wpouhon wh•ch hat been tncorpor-ated for not leM then f•v• yean, and wh•ch htt ~ • ~benh•p that hat ~ld duet for • per•od of tt te.st ftve y .. n . and whteh, for five yurt, hat been the OW"*'· '-''"· or ocwpent of an establtthmtnt Of)eflted so&e ly for obtcct• of Ntt.,.,.l, tCKJt l, fraternal, pt~tfiOhC. poltttUI, or atMehc natur., ~ not fOf peCUf\t..,Y gatn. and the property, •• well •• the .dvanta~t of wtuch be1Qft9 to m.-rnben ~Ito . • dvb ,....'1 be • COfpor t hOf' whtdt 11 a re9'Jft rl'f' chM1ered bf~ 01 lodoe or chapter of • nahonal orga ntaat&On , wh•d-1 Mt OfM'tted .otely few tht let.O.nce o ... of l trth t of .,4 • 21 ··~· ....,, '•. ,..,..., tO( ... , ... ... er a • __ ..... _ ... ..... , ...... ~........, -.......... ~ ... ....... ..., .... f/1 ........... 4 o4 .... ...... --· • , .... • •·••d .. . •• it••• ll ... •• ... II ., • . ... •• . .. . ...... ..... ... , • • • • • 0 • IF THE AP PliCANT IS A MANUFA CTURER OR WH OL ESALER . AN SWE R QUES liONS 33 I HR OUGH 37 3 3 . State St nce what date tppl.c 1nt hts occ u p •ed premiu~s to be l.cenud JS Does any of the appl•canh, or any of the ~rtners or tny off,ce r, d .J eCfor or stoc ki-lo lder of U •d appl•unt ,f '' " • cOf pot t · t•on, t'lave tny d 1rect or •ndtrect f,n•nc•al t ntere~ot '" the bus'""' of sell•n; malt , ..,,nous or sp•r•tuous lt quor at reta•l., Yes No 36 Does any person or com ~ny '" lny way tnterested '" any o ther wtntr .,, brewery Of d tUtllery Of 1ny rett•l ltquor ettt b lts h · ment, o w n, ••the r d .rectly ~ .nd•rectly '" whole or '" ~rt . the bu11dtng or prem•ses to be oc.cup•ed by the bus •neu 0# anv v •• No 37 Does any OW"-'• part owne r, shtre ho*dtor or persof'l in any way ,nte rested in any other w •~ry , b re wery, d sflllery or refttl l•q"'Of' esttbl11hment, htve tny d ir ect or tnd.,ect ft n anc:i al ima re1t '" the bu-1• n for """htch thr1 appltcah0f'1 fot ltUnle '' made' If so gave p•rt•cula" STATE Of COlORADO COUf\t)' of •ftC! or that he '' (Totlo ) Yes No ~ ... , betng b y me f1nt duly aw om ,f for hume lf, depot,e a •nd aaya , that he " the appt.c ant a bove na med, of the •boY-• na"'ed corporation; fk.t t-.e hu ru d the fOte~ng appltuttCM"' and tNt he lno-. • the CCW'tents the-reof, and tha t a ll ma tt.'l and th•.,gs thereon set forth a re t N e of hts own \.nowt.dge and he agreea to conform to a ll rules and regulattOt\s promulgated by the St••• pertn"'ent of a.v ue tn c.onnecttO!"' therotwtth SWOtn "'""'! I I to b.fOt e me dey of ly UI'OilT AND A ..... OVAL Of LOCAl LICENSING AUTHOitiTY tS H • 1Y A"' viD D.to IT •'"'"'•' of , rtH co' ~--ADI9 -'"' .. (C !'ORATE SfAll •••rv1 t ...... A H lh IIYI • • I • 0 • MINUTES COUNCIL MEETIN G DENVER REGIONA L COU NCIL OF GOVERNMENTS DECEMBER 3, 1975 Present: Norman A . Smith, Chrm. C ha rles Bransford Verlin Bruns John G. C ampbell De nnis Champine Marjorie Christiansen Robert F. Clement Don L. DeDecker Ruben Hartmei r ter George Hovorka Be th Jenkins Joseph McCloskey James J. Nolan Charles A. Pitt s Douglas Severn Brad Stelling WilHam Thornton Als o Present: Genie D City of Broom i e ld C ity o f Lafay e tte City of Northgl e nn Ad am s County City of Aurora Commerce C ity Jeffers on County City of Lakewood City of Golden C ity of W estminster C h e rry Hills Village City of Thornton City of Denver Arapahoe Count y City of Engle wood C ity of Littleton Town of Bow Mar 3 A tro Ch 1 man Sml h c u rum d cl r d pr rdP.r at 7:45 oll w s c 11 d nd ' • • • COUNCIL MINUTES December 3, 1975 Page three • 0 • After a brief discussion, Council made the following motion: The Council on motion by Mr. DeDecker, supported by Mr. Nolan, unanimously referred this item to the DRCOG Program Committee for consideration. Chief Administrative Officers Committee Mr. Borger r evi e wed the actions taken by the Committee at its October 29, 1975 meeting as included under Attachment C of the agenda. Legislative Committee Legislative Committee Chairman, Marjorie Christiansen, reported that two committee meetings h "'• been c:rheduled to discuss pro- posed legislation. The meetings will be December 10 and 17 at 4:00 P.M. at the DR COG offices. On December 10 the committee will discuss the Legislative Interim Transportation Committee's recommendations concerning creation of a Department of Trans- portation and Front Range tran!:portation planning; the proposal to create a Denver Regional Resource Recovery District and proposals for uniform contractor licensing in Colorado. The Decembe r 17 meeting will be devoted to discussing proposed legislation to create a metropolitan water d1strict as supported by the Legislative Committee on Metropolitan Denver Water. John V. Christensen Memori I Award Mr. For ley exploined that und r Attachment D of the Council agenda is the set of criteria and proc dures dopte by th Ex ecutiv Committee for sel ction of a r cipicnt for the rourth Annual John V. Christensen Memorial Award. Nomina ion will b receiv 1 untll Janu ry 15 by the Executive Committee. Th winn r wtll b el c d by the c mml and nnounc d at th M rch 17 nnu 1 dinn r. min tlons should b nt t o th DRCOG Ex cutlve Commi ba ed upon t dopt d cr1t rl • ' • • • • • f • • • MINUTES COUNCIL MEETIN G DENVER REGIONA L COUNCIL OF GOVERNME TS DECEMBER 3 I 1975 Present : No rman A. Smith, Chrm. Charles Bransford Verlln Bruns John G. Campbell Dennis Champin e Marjorie Christians en Robert F. Clement Don L. DeDecker Ruben Hartmei ~ter George Hovorka Beth Jenkins Joseph McCloskey James J. Nolan Charles A. Pitts Douglas Sovern Brad Stelling Willlam Thornton Also Present : City of Broomfield City of Lafayette City of Northglenn Adam s County City of Aurora Commerce C ity Jeffer son County City of Lakewood City of Golden Cit y of Westminste Cherry Hllls Villag e City of Thornton City of Denver Arapahoe Count y City of Englewood City of Littlet o n Town of Bo w Mar Genie DeLuise , Alte rn te , City of Golden; Fred Allen, Alt e rnate, City o f W estmin s t e r; An dy Bri co , Resource Recovery Manageme nt Committee; David A. Violette, CH2 M Hill; Ray McNeill, Metro Se wage Distric t; Jim Abbott, HDR, Inc.; Joh n More he d, The D e nver Post; Joseph Sho rna er, Resource Recovery Man gement Committee; 3 A Jim Heck , Commerce City; John Dolan , Colora do Division of Highways; Fr d Trentaz I Colorado Divi ton of Highways; Patricia Thorsb ro I M tro Denv r Leagu of Women Voters; A. Gordon Appe ll, Denver Planning Office; Pearl Alp rsteln, R y W lls, John Musick, Don Miles, nd Bob cGr Ro rt D. Farley, Ex cutiv Director, DRCOG; h DRCOG Staff. Ch, trman Smith call d th m tlng to rdE'r at 7:45 p.m. Roll wa called nd uorum d clar d pr en • • • • COUNCIL MIN UT ES December 3, 1975 Pag e two • 0 • I • Chairman Smith introduced the following Council members attending their first DRCOG Council meeting: Brad Stelling, Littleton; Dennis Champine, Aurora; Charles Bransford, Lafayette; and Fred Allen, Alternate for George Hovorka, Westminster. Minutes of October 15 , 1975 On motion the Council unanimously approved the minutes of the October 15, 1975 Council meetin g as maJled. Summary of the Executive Committee Meeting of November 5 , 1975 The CouncJl accepted the summary of the Executive Committ ee meeting of November 5, 1975 as mailed. Report of the Chairman Chairman Smith reported on the NARC Policy Advisory Committee meetinqs held in Washington last month prior to the fall meeting of the NARC Board of Director s . Report of Committees Program Committee Do n DeDeck r, Chauman of "' Program Co1T'm1ttee, reported that an ad hoc group composed of some DRCOG board members and some RTD board memb rs have been pursuing weekly meetings to discuss m tters o f mutual concern such as the effort by DRCOG to be desig- n t d as the Metropolitan Planning Organization for transportation planning. Also under discussion i Improved coordination, communi- cation nd coopera tion b ween the two gencies. tlng on November 7th, DRCOG's R gional PI nning e dl cuss d th ne d for a R glonal R 11road Study , n<i . pprov c1 r commend tlon th DRCOG bE'gln immediately as part of th JR P t o d fin th scop of m tropolit n rallroad s rvlces ne ds s 1dy nd c m r henslv pi n to b und rta n by an approprl te con- ul nt q ncy n r th dir ctlon of th JRPP . • • COUNCIL MINUTES D e cember 3 1 1975 Page three ·, • • Aft er a brief discussion 1 Council made the following motion: The Council on motion by Mr. DeDecker 1 supported by Mr. No laP 1 unanimously referred this item to the DRCOG Program Committee for consideration. Chief Administrative Officers Committee Mr. Borger reviewed the actions taken by the Commi tee at its October 29 1 1975 meeting as included under Atta chment C of the agenda. Legislative Committee Legislative Committee Chairman I Marjorie Christiansen 1 reported that two comm1tlce meetings h been rheduled to discuss pro- posed legislation. Th meetings wlll b December 10 and 17 at 4:00P.M . at the DRCOG offices. On December 10 the committee w111 disc:Jss the Legislative Interim Transportation Committee's r ecommendations concerning creation of a Department of Trans- portation and Front Range tranrportation planning; the proposal to create a Denver Regional Resource Recovery District and proposals for uniform contrac or licensing In Colorado. The December 17 meeting wlll be devoted to discussing proposed legislation to create a metropolitan water district a supported by the Legislative Committee on Metropolitan D nver Water. Mr. Farley explained that under Attachment D of the Council agenda is the set of criteria and procedures dop d by the Executive Committee for s lection of a r cipient for the Fo urth Annual John V. Christensen Memorial Award. Nominations wlll b r c iv d until Janu ry 15 by the Executive Committee. Th winner wil l be el~c d by the committee and announced at th March 17 aMual dinner. Nomin ti ns should b nt t o the DRCOG E:x cutlv Commit e bas d upon th ' • , • COUNCIL MINUTES D ecember 3, 1975 Page f our • 0 - Appointment o f Tw o Members to the Nominating Committee It was e xplained that the Ex ecutive Committee at its November meeting se le cted Me ssr s. Murphy and Clement to serve on the Nominating Comm ittee for election of 1976 Council officers. In accordance with the DRCOG Articles of Association, the Council was requested to select two and the Chairman selected the fifth member. Mr. Thornton nominated Mr. Ve rlin Bruns and Mr. Robert Howard to serve on the Nominating Comm ittee for 1976. On motion by Mr. Clement, s upported by Mr. Pitts, Council mov ed that th nomination " be closed a nd a unanimous ballot cast for th e two council m mbers named above . Motion carried unanimously . Chairman Sm ith selected Ms. Sheryl Weitz as the fifth member of the Nominating Committee for 1976. Chairman Smith appointed Mr. Robert Howard to serve as Chairman of the Nominating Committe e for 1976 and informed Council that staff would be n otifying the members of the date and locatio n of the first meeting. Nom- i nations are to be submitted to th full Council at its r e gular meeting in January. 1976 DR COG W eig h Pd Voti ng Fc. .... ula Mr. Farley explain ed that pursuant t o the Articles of Association, Article VII, Section 6(b) (11), providing tha the formula for W ight d Voting be adopted at a r egula r meeting of th DRCOG preceding January 1st of each calendar y ar , Coun cil was r equested to adopt the r esolution providinq for the 197 W ight d Voting Formula. Proqram Committee ha s r eviewed resolution and recomm e nds favo rabl action by th Council . • • , - ( • COUNCIL MINUTES December 3 , 1975 Page five Housing Allocation Resolution • 0 t• - Mr. Borger explained that the Housing Advisory C ommittee r ecommended that Council adopt a resolution in that HUD has housmg unit allocations which have not been committed, there Is a loca 1 need for them, and the adopted Regional Housing Plan should be used as a basis for HUD' s allocation of the units to local governments. It is b eliev e d this resolution, forwarded to HUD, will expedite that allocation process . The DRCOG Program Committee discus sed the resolution at its meeting this date and r ecommended that Council defer this resolution to the next regular meeting. The Program Committee wanted a further opportunity to r eview the r esolution and make a recommendation to the Council pursuant to it s revie w. Area Plan for Programs on Aging Ms. Bortz, Vice Chairman of the Advisory Committee on Aging explained the policy statement for the 1976 J.\red Plan for Programs on Aging, along with the objectives for the program. The Plan includes a seri s of 15 specific objectives to meet the top 5 identified needs of the elderly in the region. In March and April of 1976, individual programs will be selected for funding. About $274,000 in federal funds is anticipated to be available for proj ect funding. Copies of th Plan are available upon request from th staff. Several revl ions to the policy stat~m nt and the resolution w re distributed o Cou ell. Mr. OcOee cr st ted that th Progr m Committee reviewed the materl 1 and vora ly recommendPd adoption by h ouncil. R tions • • ' - • • rOUN CIL MiNUTE .. December 3 1 1975 Page six • 0 - Mr. Bruns 1 Northglenn, read a r esolution passed by the Northglenn City Co uncil on NovPmbe r 20, 1975 1 oppos ing the l e gislation at this time because it "Vas included on the Governor's Ca ll before the Northg l enn C ity Council could analyze the measure. He asked that the resolution be included as an offic ial part o f the minutes of this meeting. (A copy of the Resolution is attached to and made a part of the fil e copy o f these minutes.) The Counc il on motion by Mr. DeDecke r, supporte d by Mr. Clement , unanimously agreed to s upport the conce pt of resource and e nergy recovery from solid waste , but deferred akin g action on the proposed legislation to create a Regional Resource Recovery District until after the Legislative Committee of DRCOG studies the measure a nd make s a r ecommendation. They directed that the Legislative Committee look at area of four suburban munic1pal director s being appointed by the coun ties just as the city councilmen a r e appointed in Denver. Discussion of HSA Issu s Mr . Farley re rted, on behalf of C hairman Smith, hat a group of elected offic1a Is from the four State Planning & Management Districts, 1, 2, 3, and 5 , hav filed with II a Not1c -of-Intent which clea r ly indicates heir des ire to b the r s onsibl rg nlzation to conduct health planning for thi s ar and th balanc of Ar a Onf" a d signa ed by Gov ernor Lamm. I t L he consf'nsu of th a ov grou ha if publlc ccountability Is to beo pre!-lcrv d, th n ctlv 1 rticip ....... m on th gov<:'rning bodies of health syst ems ag nc1 by lected c 1ty nd county officials s hould be secured. B caus i 1" ft>l th . t a is ctory r epr " nt tion cannot b gained on the CPn ral-orth Colorado H alth Systems Agency, a notice of intent, which Is th fir t st p toward submitti ng n ppllcation for designation a hP HSA, h. n fil~:>d . • • , • • • 0 - COUNCIL MINUTES December 3 , 1975 Pag e seven JRPP Actio ns Mrs . Jenkins moved that the DRCOG Council direct Its Chairman to indicate to the other group o f regions in the Health Systems Ar e a One, n ot to purs ue designation as a HSA in competition with the HSA a !ready started. The Council, on motion by Mr . DeDecker, s upport ed by Mr. Ho vorka, unanimously agreed t o table the above motion until the Program Committ ee has an opportu nity to review and discuss it and make a reco mmendation to the full Council. 1980 Function<•' \lassification' p and rban Boundary Mr. DeDecker reported that the Program Committee did not make a ny recomme ndation on this item . The Program C ommittee requ ested that the DRCOG sta ff make the same presentation to Council that lt made to the Program Committee so that the Council could formula t e its own decision. There wer e members of the Program Commi ttee that did not want to take any 3Ction because they wanted to discuss the Issue with their municipalities. However, the issue does need action by January 1, 1976. It wa s e xplain d to Council that the Regional Review Team of the Joint Regional Planning Program has completed the 1980 functional classifi- cation of both the Denver and Boulder urbanized areas. Approval of the proposed 1980 functional classification forD nver and Boulder urbanized areas ma"ps dated September 22, 1975 was given on D cemb r 3 , 1975 by the Transportation Advisory Committee. The first map indicates th 1980 Urban Bound ry designation. The second rna Indicate-; 1980 conn ctlng link designation . Th e were produced for both the Denver nd BouldN urb nlz d rl!as. Th Reglona I Direc ors n f JRPP r quested Council , acting s the policy body for JRPP, to concur with bov ix sign Uons through doption o f a r so1u ion which w to th Councll m mb r t th s m ting. • • • COUNCIL MINUTES D ece mb e r 3, 197 5 Pag e eight • 0 - C o nside rable discussion ensued with respect to the DRCOG Council members n o t having had an opportunity to review the information with their municipalities . The y felt they could not vote on the designations without studying the p e rtinent maps and information. Mr. Farley explained that the C olorado Division of Highways needed final action on same by January 1, 1976 for certification to the federal government. The Council , on motion by Mr. DeDecker, supported by Mr . Hovorka, agreed that a mail ballot be ordered which would allow Council to vote to either approve, defer I or r eturn to the JRPP Agency Directors with comment. Council r e quested that specific information be included with the mail ballot showing original boundaries and proposed changes and other information as appropriate. Motion carried with 2 opposing votes and 1 abstention. Boulder Section V Mr. De Decker stated that the Program Committee reviewed this item and r ecommend e d favorable adoption by the Council. Ken Wright 1 Boulder 1 n oted that all of Boulder's concerns had bee n resolved with RTD and adoption of the Resolution was now r equested . The Council on mot10n by Mr. Wright 1 supported by Mr . DeDecker 1 unanimously adopted Resolution No. 2 7 1 1975 1 A Re solution Apnroving the Transit Program of Projects fo r fisc al Yea r 1976 In The Boulder Urbanized Ar ea . (A signed copy of Resolution No. 27 1 1975 1 is a tt ched t o and made a part of the file copy of these minutes.) Rf'vised Air Quality Con s istency Sta tement 1r . D D c r e xpl in d that th Proqram Committee h d questions on th ~ m mo lniU ed by two directors of th JRPP nd a ataff m mber for Mr. Kinstl ng r of CDH. It was decid d by th Program Committee th1t thi s It m hould gob ck to the Ag ncy Dir ctor s for a bette r d fini ion nd und rst ndino of some of the t rminology surrounding olutlon. Con qu ntly 1 th r was no r comm ndation to 1 pprov at this tim e . • • ' • COUNCIL MINUTES December 3, 1975 Page nine • 0 • Presentation to Council of Alternative Water Quality Treatment Processes The persons scheduled to make this presentation requested that the item b e withdrawn from the agenda for this meeting. Report of the Executive Director 1. Mr. Farley directed Council to Attachment J, for a list of the permanent NAPA Study Committee Members. 2 . Mr. Farley noted that transmitted to Council in November were current Advisory Committee Membership Lists. Council membe rs wer requested to notify Chairman Smith if vacancies existed for their respective jurisdictions, or if corrections were necess il ry. Chair 1 1n Smith has uncle.-consi•L:ntion some additional appointments a t-large to the Citizens Advisory Committee and welcomes any suggestions from Council regarding same • . 3. Janua ry 31 is the cutoff date to submit proposed amendments to any of the adopted regional plans or policies. Proposed amendments must be submitted prior to then, with appropriate documentation, to be considered in the next cycle of amendments. 4. At the January Council meeting, there wUl be a report of the Nominating Comm ittee , as well as an Evaluation of th Carpool Program. 5. DRCOG' s Annual Dinner eating is scheduled for the third W ednesday in March, in lieu of th regular March meeting of the full Council . 6. Remi nder of Chairman Smith's comment on e lected offici ls in the f(l ur regions reconvening themselves on th issue of HSA and wh th r they intend to pursue thoir Lett r-of-Intent. Those Counc il memb r s in eres ed can obtain time nd pl ce of m Uno schedu led for D camber 18, from st 'l ff. ' • • ' - • • COUNCIL MI UTES December 3, 1975 Page ten Other Matters by Members • 0 • In response to a request from Council regarding the timetable for completion of the population projections, Mr. Pampu stated that staff plans to pre sent a schedule for those actions next month. The technical work on the allocations is being compl ·t d and staff will g1vP i\ report to Council next month on the status and wh e n that will come before the full Council . Adjournment There being no further business, th e meeting adjourned at 10:30 p.m. ATTEST: Robert D. F rley Executiv Dlr• ctor Norman A. Smith, Chairman Denver Reqional Council of Governments I, 'I • • , • • 0 • CITY OF ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS REGULAR MEETING-DECEMBER 10, 1975 The regular meeting of the Board of Adjustment and Appeals was called to order by Chairman Leonard at 8:00 P. M. Members present: Bevier, Seymour, Maddox, Wetterstram, Kreiling, Kramer, Leonard Members Absent: None Also Present: W. F: Brokate, Assistant Director of Canmunity Development Floyd w. Benefiel case No. 43-75 3328 West Monmouth Avenue REQUEST: A variance to permit an attached garage to be 3 ft. 6 in. from the West property line, encroaching 3~ ft. into required side yard in R-1-A zone. STAFF REPORT: A variance from Section 22.4-2i (2) of the zoning Ordinance, to permit an attached garage to be 3 ft. 6 in from the west property line. The ordinance requires 7 ft. in an R-1-A zone. He has obtain d statements of no objection from adjacent property owners. The applicant stat d this will b n attach d garag • H does not want a long driv way and if th gar g ia built as proposed his wife can com in th back entrance. H has a p1.ckup and car andhia son is with him now and has a car. Th houa a on ch aid have garages th t are real cloa , about 3 ft. 6 1n. f yard. Has lived ther since 1969. Kr r: Th towards th garag will be tow rda th back of th lot? B nfiel: Yea air. 8 vier mov d, S ymour • cond d, of houa -back tan • 6 n. rty 1 n sur d tram th 11. •. ' • • , - • • 0 I • • Ayes: Bevier, Seymour, Maddox, Wetterstrom, Kreiling, Kramer, Leonard Nays: None Absent: None -------------- Mr. and Mrs. J. c. Walker 4000 South Fox Street Case No. 44-75 REQUEST: A variance to permit the use of the premises as two-family dwelling in an R-1-c zone. STAFF REPORT: A variance from Section 22.4-2 of the Zoning Ordinance, to permit use premises for two-family use in an R-1-A zone. The residence was built in 1966 as a one-family dwelling, by Mr. Walker. Mr. Walker has become ill and is unable to work and would like to rent part of the house for a living unit. They have obtained state- ments of no objection from the surrounding property owners, and a statement from his doctor. The following letter from the doctor for the recordss Arapahoe Urology Associates, PC 3601 South Clarkson, Suite 430 Englewood, colorado Nov mber 7, 1975 To Whom It May Concern: Mr. J. Clayton W lk r has b n a patient of mine since August 28, 1975. It was d t rrnined after hospitalization and surgery, that th abov n d p i nt has a serious and disabling m dical problem. If furtb r information is n d d, pl se fe l fr e to contact S rgent, M.D • Th foll ~ng property own rs sign d stat nts of no o j ction: L n d L&ur ta R d 050 S u h Pox Str t H rold J. and Charlotte Corah 031 South Fox Str -hav no o Jections as long aa i is to n d parties. lt r c. & M 1 A. Lara n -2-4030 outh Pox. • • (' ' • • • • Alan and Mary Ellen Me Pherson 4001 South Fox Buster and Dora N. Lewis 4024 South Fox • • Roberts. & Ethel E. Abell 4020 South Fox Street Mrs. J. c. Walker states they have been living on Social Security and have been able to make it but since Mr. Walker became ill have had huge doctor bills. She _contacted the neighbors around them and they have no objection. They have a lot of room th~ house is built on two floors and they live in the upper level. There would be no cost convert to two living units. There was no one present, other than the applicant, concerning this variance. Wetterstrom moved, Maddox seconded, to gr~nt a stipulation to rent a second unit as long as Mr. and/br Mrs. Walker own and reside on the premises at 4000 South Fox Street, To b made part of the County Records. Ayes: Bevier, Seymour , Maddox, Wetterstrom, Kreiling, Kramer, Leonard Nays: None Absent: None Th re being no further business to com b for th Bo rd th meeting adjourned at 9:00 P. M. Susie Schne1.der Recording Secretary • • I • • ' • - CITY OF ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS JANUARY 14, 1976 The regular meeting of the Board of Adjustment and Appeals was called to order by Chairman Leonard. Member s presen t: Bevier, Seymour, Maddox, Wetterstrom, Kreiling, Kramer, Leonard Members Absent: None Also Presen t: Assistant City Attorney Clark, w. F. Brokate, Assistant Director of Community Development Academy Sign Company for Azar's of Den ver -------------- 5211 South Broadway Case No. 1-76 REQUEST: The applicant is reque s ting a vari ance to raise existing sign to a height of 42 ft. ' Leonard: Will the people who are going to testify in this case please come forward to be sworn i n. Ms. secretary will you swear the people in? Schneider: Will raise your right hand? you are about to give is the truth, th truth, so help you God ? 'rhr e p ople answered "y s" Do you sw ar th testimony whole truth, nothing but the L onard: Ms. Secretary , Will you please read th staff report. Schn id r: STAFF REPORT: Th from Section 22.5c.6(b) o! th for ground aign ia 32 t • pplicant is r qu sting varianc Zon1ng Ordin nc . Maximum height S1 n ia now 25 ft. high, 42 of two 6 ft. by 8 ft. doubl prop rty lin • Rob r B rry of Ac d y S1gn-Wh t 1n h 1ght !or the exia ing a1 n for h ight o 25 ft. x ating no~. is requ sted. ls with 1 d Sign con uta dg of p n la aking for ia v ri nee r at urant . W h v ot thia ia th • • ....... • .. southbound traffic -the sign is obscured. Being that Azar's is a new business in the City of Englewood they n ed naturally all the identification they can get. We have had numerous people, free mailing have been send out, that are totally unaware there is such a business existing in the City. We are asking for a height of 42 ft. so we will be able to get up above the building and traffic from Belleview and South Broadway will be able to view the sign and realize there is such a business existing. This would be actually 17 f . in addition to what we have now. Kramer: How long have you been at that location? Berry: I'll have to get some help on that --Mr. Kaplan? Mr. Kapl n: About 90 days - a lit le less than 90 days. Irv~n Kaplan 4115 East Colfax in Denver: Gentl m n we are asking for this varianc mainly becaus we estimated our business to b so much per w ek and w are running b low our estimate. Our advertising agency has notified us -took a littl surv y for us and found that when you s t at the stop light at Belleview or go across Bellevi w, nobody even knows we are there beaus our sign can't be seen and that is why we ar asking for the v rianc so people will know where we are located. We just sen mailing for free chicken dinn rs and th opl ar com~ng City of Englewood and th p ople re com~ng ~n our restauran th y are telling us, H y, d~dn' even know you w r h r ,and b en op n a out 90 days. Nat Burt -Burt Ch vrol t 5200 h all know a sign committ was ael cted coupl of y ars ago and it w of that committee. I li ve tha that I thought it w s nd c rtainly the at ua I waa on it but 1 thy put tog th r f ·n would work. I also f lt put togetherby th htwo~doo ' d • ' • • ,_ 0 t• • come into our place that hav e inqui red about a restaurant, who might be there around meal time, several have said, well we didn't know that there was one right across the street. Which indicates to me that the people are d riving up and down Broadway and there are about 30,000 per day, I believe, as per traffic count, should indicate that the sign needs a little more exposure and the only way it can be and still be within reason according to the code as I understand it, would be an additional height. It does not project over the sidewalk, otherwise, it would not comply and so that is the only way. But it could be changed so it will attract a little more business which they certainly need. so it is my personal opinion and only that, but I would like to speak on their behalf. What they are asking for I don't believe would be obnoxious. I don't think it would be unreasonable and I would like to see Board of variance favorably consider it. We all know that our City, r~at we are all in, and take part in, needs all the revenue that they can possibly get and I believe that this sign if raised like any other sign that someone might want a variance on. That you and other people together tink that j t would increase the business, naturally it will increase the revenue to the City and certainly we can all use that. Thank you. Wetterstrom: Can I ask you a c o uple of questions? You are the owner and leasor of the property? Burt: Yes, I am one of the owners. I am majority owner and I lease i t to Azar's. Wetterstrom: You are permitted the h 1.ght of 32 ft. can you tell me why you chose, what the r a son you chose the h ight of 25 ft. Kapl a n: W 11 the arch i tect thought tha t would b nough when w took o ut th Bu i ld i ng P rm it . Th d sign was poorly plann d - wh n w d cid d t o put th c upol on t h roo f -th h i ght was n o t chang d . W tt rstrom: In other words it is c u lly an o ission o n y our p rt. Wouldn' 7 ft. b nough? e cou l d lly, cou l d c nly •• part of th You ae l.t com l.n ct1.on, th Azar's por We terstrom: You do not e 1 to 1.d ntl. y h r st urant? K pl n: Th Big Boy portion o s a s • and you would only • t h "Azar 's" ia no s u h si n 1.8 u1 d al l o v r Un i t c5 ' • • • • .... 0 • Wetterstr om, All the restaurants around Denver and you don't think Azar's would be recoginized? Raplan, Well not yet. The Big Boy is the main part of our sign and that Part you would not be abl to see a all. Kreiling: Would you r educe it in about 6 Kaplan: I would be spending a coup! and then to reduce it back down. nths? housand dollars to raise it Kreiling,But then all you want to do is g t th place moving and then you don't need a sign. Kap lan , Well you always need a s1gn and to lower the sign WOUld be an a wful lot of money. Kram r, Couldn't you just put a new base and then put the sign on it' Berry, No. it is a new bas if we are granted a variance for the sign. we Will have re-engineer it and restress the sign. It will take new steel and new footings, bigger hole. more concrete and heavier s teel. This is the reason for the cost of raising the sign. To reduce the sign agin, for the X amount of monthes, hopefully With the influx the new people COming into Englewood, We ne d to let people know the restaurant, Azar'•· is there. They need n w people as w 11 as everybody. Seymour, If that CUpola is blOcking the •ion what obout moving th sign on the other sid of th building? Berry, It WOUld be a good idea, but there is a driveway and entranc th re and I don ' t think you would get the proper s tback from the City to do tbis. Th n. too, I think we WOUld have th sam problem with the peopl going north couldn't see it. B vi r: Wh n w s th Kapl xisting sign put up? 2 months JUs prior to th o or th y op n d. ning of Azar•s. It s th re about v ry logic 1 qu s tion. Wh n it was ins tall d didn 't thay go lim.!t in h ight. Aft r th sign was ord red and th building inish d, it w s falt a pro, ction was ns d d to chang th building, wh n it w s dd d to th front , i block d th sign. K pl n: Th proJ <:tion proJ <:tion w s ound th roo dd d 0 9 0 h pl aw y trom d 12 inch Inn ur n . • • 0 - No one present, other than the applicants, concerning this variance. Leonard: Do you have any comments, Mr. Clark? Atty. Clark: No, Mr. Chairman, I have no comments. Kramer: Where is the 42 ft. measured from -is that from the floo r of the building or from the street? Berry: It is 2 or 3 ft. from the building. Kramer : Mr. Chairman, I move that we grant a variance in the height of the sign for Azar's of Denver to raise the existing sign to 42 ft. Seymour seconded, the motion. Leonard: It has been moved and seconded that we grant a variance to raise the existing sign of Azar's to 42 ft. Is there any discussion? Kreiling: I think we need elevations of the building against the sign -I am not sure the sign has to be 42 ft. in height. Kramer: The bueprint you had, Does that have the elevation in relation to the building? B rry: No, this is for a different location. L on rd: Are th re any furth r a tiona? on rd: M S cretary w~ll you poll th Board, Pl as • Schn 1d r: B .. o ., Kreiling, "No" Kr r, "Y a" Leon rd, "Y a" chn 1 _ r: Mr. Ch irm n, 5 ra v L o n r d : By th1a act1on w h v gr nt -5 - d y and 2 th v r1 nee. ra vo ed • • , - • • 0 • Roy Richards case No. 2-76 2189 west vassar REQUEST: The applicant is requesting a variance to permit a 6 ft. fence in the sideyard between the houses. STAFF REPORT: Applicant is requesting a variance from Title III, Chapter 2, Section 3, of the Municipal Code, maximum height for a sideyard fence 3 ft. 6 in. A height of 6 ft. is requested. The applicant, Mr. Richards, states he would a 16 ft. length of fence along the west side of the house for privacy of his yard and to keep children from falling in his basement window well, also to protect his daughter's bedroom window. Kreiling: Wouldn't a 42 i nch fence serve the same purpose? Richards: Probably but he wants the fence to match the rear yard and it would not protect the windows. He could not get the property owner's signature because he(Richards) objected to him parking a large trash truck in his yard. The neighbor has since moved, however, he still is the owner, because he is carrying the contract on the house. Richard's house is 4 ft. 9 in. from the property line and the other house is about 10 ft. from property line. There was no one present (other than applicant) concerning this variance. Th 11 Seymour moved, Maddox second d, To grant the varianc for the fe nc as proposed. Ay a: Bevier, S ymour, Maddox, Wetteratrom, xram r, Leon rd N ys: Kr il1ng Aba nt: Non at TUfts Avenue ppl ican is r qu • i ng a v r~ c ing a total of 6 c h1ldr n in n to r11 -1-A con • a d y c:ar hom ' • • , • 0 , . • ' STAFF REPORT: Applicant is requesting a variance from Section 22.4-2 of the zoning ordinance, which prohibits activities of a commercial nature. zoning is R-1-A. The applicant(Mr. Adcock) is requesting a variance for a day care home for a period of 30 days. When he first applied for the variance it was to be for 1 year. His wife is pregnant and is not able apply for a job. She now is going to go to school and has secured employment with the school. She will be going to school February 15th and they would like to keep the children until then. All of the children they keep are pre-schoolers. Mr. Hanggi 4685 south Inca -Was not aware that it was only for 30 days. Do not want a commercial use in the residen~al zone. He feels it deteriates the neighborhood. Mrs. Kollath 4690 South Jason -Opposed to granting it for 30 days, why not 6 months or 1 year. There is no fence to keep the children from the street and there is no front yard. Jill Glover 4675 south Inca -Not aware it was just for 30 days -how can it be limited? Mrs. Hanggi 4685 south Inca-Even if it is for 30 days, I am opposed to it. Wetterstrom: for day car How did you become awar th property was being used hom ? Have th children bothered you? Mrs. Kollath: Th r was a sign in th window b for Chtistmu. The childr n didn't both r m I didn't know they w re there. I h v not ae n th outsid Adcock-W d y car h in Denver. not know th nd w1.ll -7- a lie na d aid nc and did u th re ' • • • • 0 - Kreiling moved, Kramer seconded, to grant a temporary variance for day care home for a total of 6 children for a period of 30 days. Ayes: Nays: Kreiling, Seymour, Maddox Bevier, Wetterstrom, Kramer, Leonard Leonard: The variance is denied. -------------- carl Blanscet case No. 4-76 3700 South Galapago REQUEST: A variance to park a dump truck in a resiential zone. R-1-c zone. STAFF REPORT: Applicant is requesting a variance from Section 22.5-2 of the zoning ordinance which prohibita storage of a commercial vehicle larger than 3/4 ton carrying capacity in a residentially zoned area. The applicant states this is a large truck which he uaea for his livelihood. He has lived there for 15 year• and haa never bothered his neighbors that he knows of. H keep• reaaonable houra: leaves about 6:30 A. M. and backs out from the alley. and parka his truck back on the alley away from the corner as not to obstruct the traffic view. He is now building a garag and will park the truck in garage. Dennis Radama~ r 3730 south Galapago -State• h ua d to live acroea the alley from Mr. Blanacet and ther waa absolutely no probl .... no noise, no traah, and no view probl B vier mov d, Wetteratrom aecond d, TO grant v r1<anc to park h • truck in tb qarag and th v rianc be liaited to th pre• nt tenancy, carl Blanacet, to be recorded on th county r corcSa. v1. r, on rd, on yaour, Maddox, ett ratrca, n ... r, iling -8 - ' • • , • • • • Theresa A. Shaeffer Case No. 5-76 3389 West Chenango REQUEST: A variance to permit a metal awning with 0" setback. The awning is from the eve of the house to the fence, i~ an R-1-A zone. STAFF REPORT: Applicant is requesting a variance from Section . 22.4-2i(2) (a) which requires a 7 ft. sideyard setback and Table 23-B of the Uniform Building Code which requires roof to be designed to support a 30 lb. snow load. Theresa Shaeffer-states they store the boat and 2 bikes and protects the house from the weather. Charles B. Jackson 3389 West Chenango -Stated this is a temporary cover and he didn't think they needed a permit for it. A temporary structure to him means no footings. They had a patio constructed which had a permit and they just took the old cover and put it on the other side of the house for a boat cover. They have statements from the adJacent property owners stating they have no objection. If a variance were granted the cover would have to be removed and rebuilt. This is a variance from the zoning ordinance not the building Cod • It would hav to be built to withstand a 30 pound snow load. This would m an to have support posts set in concr t ~ ckson -Th f nc is not on th property line -it is a t 1n 6 1n. from th property lin , so the variance would be 6 in. fr th at a1d y rd • tb ck. Kr iling mov d, Kr r seconded, to grant a vari nee for Ay a: aya: Aba ntr a 6 1.n aetb ck from th rty lin and to pr v nt th dra1.n 9 run-o f from encroach ng upon n 1.ghbor'a pro rty. ratrom, Kreiling vier, S ymour, M ddox, Kr on r, Leonard on rdt Th vari nc is ni d. buain •• o or th Board h m eting ' • • f PRESENT: ABSENT: ALSO PRESE NT : • - MINUTES BOARD OF CAREER SE RVI CE COM MI S I ONER~ January 15 , 1 976 "' - Rob e rt Brundage, Wi l liam Hanson , Herber t Hosanna , Jo Ellen Tur ner, Edward White None Richard Lorig , Bernard Berardini , Rob e rt Ho lm es , William James , Warren Rahn , Richard Wel bourne, Leon Mull , Ralph Allen, Mike Sc haffer , John Wing , Harlan Bucho lz, Ray Schneider , Ed McCasland Rev . Hos anna calle d the me e ting to order at 7:00p .m. MRS . TURNER MOVED, AND MR . HANSON SECONDED TO AP PROVE Thl::. MI NUTES OF THE MEETING OF DECEMBER 18, 1975 . Ayes: Nays : The motion carried . Brundage, Hanson , Hosanna , 'urn er , Whit e Iiane I I I I The f irst item for disc s jon was ~ Polic Department . Chief ' -.., ti- • T i • 0 - fied that there would no longer be a Detective position . Mr . Brundage then asked if there would be a clothing allowance for the present D tectives . Chief Holmes explained that Po li ce Officers receive $30 .00 per month for clothing . Whether or not that allowance is adequate or not is not related to salary . Reverend Hosanna asked f or other discussion . Mr . Brundage , Mr . Berardini and Rev . Hosanna di cussed the alternate plan which consists of the existing cer - tified Detectives maintaining the same dollar amount difference ($ 2 .00 per month -not percentage difference) until such time a s they may be promoted or otherwise vacate the position . Rev . Hosa nna clarified 'red -lining ' as a fixed amount that could not increase or ecrease until such time as the 'red-line ' is lifted by the appointing authority . MR . TURNER MOVED , AND REV . HOSANNA SECONDED THAT THE BOARD RECOMMEND TO COUNCIL TO ABOLISH THE DETECTIVE POSIT ION AND 'RED -LINE ' THEIR PAY . Ayes: Nays : Turner , Hosanna Brundage , White , Ha nson MR . WHITE MOVED , AND MR . HANSON SECONDED TO RECOMMEND TO COUNCIL THAT THEY ABOLISH THE DETECTIVE POSITIO AND USE THE ALTERNATe PLAN AS DE~CRIBED IN CHIEF HOLME 'S REORGANIZATION PLAN . Ayes: Nays: The mo ion carried . Hanson , Brundage , White T rncr , Hosanna Mr . Lorig c larified the duties of Police Of f icer . MR . BRUNDA E MOVED , A D MRS . TURNER SeCONDED TO APPROVE THE JOB DE~C RI PT I ON FOR POLICE OFFI ER . Th mo ion carrie ll t•:l L Ayes: Br n ag , H nson , Ho anna , Turner , W i e Holm s where civilian Lab Ay t y that thos h t TO COUNCIL THE POLIC PAY TO THE 0 -EM ERGENCY PAY SCH DULE A n on , Br T rn r , Whit , Ho an • ( • • • ... MRS . TURNER MOVED , AND MR . WHITE SECONDED TO APPROVE THE J OB DESCRIPTION FOR LAB TECHNICIAN . Ayes : Nays : Hanson , Brundage , White, Turner , Hosanna None The motion carried . * * * * The n Pxt item on h agenda was the Detective Examination. Acti on on thJs issue was deferred until a ruling from Council is receiv ed . * * * * The fourth item was the discussion of Related Employees . Mrs. Turner asked if a relative should b e denied the right to test because of a related employee . Mr . Lorig offered to write some recommendations o he Board. * * * * MR . HANSON MOVED, AND MR . BRUNDAGE SECONDED TO NOMINATE MRS . TURNER VICE -CHAIRPERSON. Ayes: Nays: The motion carried. Hanson, Hosanna, White, Brundage None * • • • Un er Em ploy e A oci in r s in he Relate ha no hing o pres n t'epre • n ions ' Choice , th Fire Depar ment expressed Em lovees issue. The Police D partmen and he Em loyee •s Associa ion was no • • • • was o new b sine s n er Co is ion r's Cho1c . I I I I .r. Lorig , Personn 1 Dlr e or, s r•in F ru ry 2, 1 76. y ADULT E VIC A· mo ion c r 1 m ~on d h I I , T rn • n o 1a ion will b H IB L- 1. on , w 1 • Ho • . ' • • , • • • • - MR . HAl~ SON t-10VED , AK:1 MR . TURNER SECOIWED TO DECLARE THE FOLLOWING POSITIONS VACANT : EQUIPMENT OPE RATOR I (PARKS DIVISION), LIEUTENANT (POLICE DEPT .), SERGEANT (POLICE EPT .). Ayes : Nays : The motior carried . Brundage , Han~on , Hosanna , Turner , White None * * * * MR. WHITE HOVE , AND MR . HANSON SECONDED TO APPROVE THE FOLLOWING PERSONNEL A TIONS : NAME Anniversary Increases : BOCK , ohn W. FAUBION , Wayne A. LOCKWOOD , Ki th E . i-1ALO!LY , John 4IKcs: ~, n r a '1 !1R co rn R . li rl 'ILL • , Tl om R B • t.1ons: DEPT . & TITLE Inspector/Trbl. Shoo er Utilities effective 2/16/76 Maintenanceman -Street effective 2/1/76 Firefighter 3rd Clas to Firefighter 2n Class effective 2/1/76 Police Officer 3rd C asr to Police Officer 2nJ Cl ss ffective 2/11/7 Jr . Accoun Clerk -Fin nc fee iv 1/ 17 ln 'f CtOI' 2/1/7 er Con tt·o Otcr . lv 2/1176 GRADE & STE 2D -2E 2D -2E 1C -1 > 7 -7C B -tJ 0 - 3C - 2C • • ' • Retirements: PENNEY , Robert UNCAPHER, Ruth • 0 • Lieutenant -Police effective 12/22/75 Se nior Acct. Cl erk Utilities e ffective 1/2/76 Probationary to Permanent Status Without Increase in Pay : SMITH , Michael B . Promotions: BELT , William G. LEYDON , John L . Leaves of Absence: HENRY , Colleen J . Lieutenant -Fire effective 2/6/76 Lieutenant -Police effective 1/1/76 Serge?n~ -Police effective 1/1/76 Clerk-Steno -Finance effective 1/9/76 ETA Employee recru1 e o full time pro ationary position . METROS , Mary T . R rn from m terni y leave: Hl.E ELMILCH , Bar r An or Adult Services Lib . Library eff ctive 1/16/7 re r -240- Cler -St no Fin nc ffectiv 1/5/76 2F ' 2C A -8B 2C • • • MEINECKE , Fairy REDMAN , Eugene SCHAFFER , Mi c h ae l STANTON , Donnell STEINBAC H, La Vern WOOD , Ri chard D. The motion car ried . • 0 • * * * * Sr . Acct . Clerk -Utilitie s Equip . Opr . I -Street Police Ofcr . 1st Class (acting Det .) Police Officer 1st Class Lieutenant -Fire D/0/E -Fire Ayes: Brundage , Hanson, Hosann a , White , Turner Nays : None Th e r e be i n no f urth e r business to discuss , the meeting was adjourned . HERBER R . HOSAN NA HAIR~~Al * * * • • • , • 0 • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION January 6, 1976 I, CALL TO ORDER: The regu l ar meeting of the City Planning and Zoning Commission was called to order at 7:05p.m. by Vice-Chairman Tanguma. Members present : Brown, Jones, Jorgenson, Williams, Parker, Pierson, Smith, Tanguma, Wade Romans, Ex-officio Member ab ent : None Also present : Planning Associate House Assistant City Attorney DeWitt Mrs. Roman ated that Mr. Don illiams is the new City Council representative to the Planning Commission, replacing Mr. Jones, and that Mr. Jones was reappointed to the Commission to take Mr. Martin's place, Mr. Martin having recently resigned from the Commission. Mrs, Romans noted that Councilman Brown has asked to be replaced on the Commission, but he will serve un- til the first of February, at which time Mr. Don Smith will be the Council representative , II, APPROVAL OF MINUTES, Mr. Tanguma stated the Minutes of December 17, 1975, were to b consid red for approval, Jon s moved : Jorgenson s conded : The Minutes of Dec mb r 17 , 1975, be approved as written . AYES · J org non , illiam , Smith, Tanguma, Brown, Jon s AYS : Non ABSTAI N: Park r , Pi r on , W d Th ot i on c rri d. I II, CAS #2-76 d : Th Publi c H rin on Ca #2-7 b op n d, AY .S : Dr o n, Jon mith , Wa • Jor n on, illt .. Pa rk r AYS : h lion a r r d. 0 • • l • • -2- Mr. Tanguma stated that Case #2-76 is related to a proposed amendment of the Comprehensive Zoning Ordinanc e, by the adoption of an R-2-C Zo ne District. Mr. Tanguma asked Mrs. Romans to review the d v lopment of this proposed Zone District. Mrs. Romans stated that at the City Council meeting of December 1, 1975 , he Council sked that the Planning Commission con- sider the possibility of drafting a second R-2 ~edium Density Zone Di stric t designed to m t the need of medium density ar as within th City in which attached resid ntial units in excess of two ould not be compatible with existing development. In r spon to th City Council r quest, the proposed R-2-C District was prepared. This District is~ry similar to the R-2 Med~um D n ity D~strict, but will permit only a ingle-family or two-family us on 50 ft . frontage; there cannot be any resi- dential u larger than a two-family unit in the District, The R-2 Di trict, on the other hand, will permit a three-family unit on a 75 foot frontage, or a four-unit on 100 foot frontage. As in th R-2 Di trict, th R-2-C District requires open space and landscaping. Th R-2-C District also permits churches, ducational i nstitutions, and public facilities as does the R-2 District. tated that the minimum floor area per each unit in th& R-2 Di trict, and 35% lot covera e is Mrs. Romans st · ted that a two-family unit mu t have at 1 a t on party wall and a common roof. Mrs. Roman pointed out th at n w construction would have to conform to the regula- tion contain d in the propo ed R-2-C Zone District; exi ting structur could continu to b occupied even though th y might not m t th requir m n of the new ordinanc . 1 • d if exi ting un i ts could convert nt und r thi v~oposed ordinance? would hav to m et th Building that it i po ibl to conv rt t h n a k d for ropon n ak . a bas m nt Mrs. omans Cod and ba m nt 1'- ' • • , , • • 0 - -3- stated that he had had some question regarding the "party wall" and felt that this would require units side-by-side, but was assured by Mrs. Romans that there could indeed be two-family units vertically. Mr. Criswell reiterated there is no objection to the proposal, and urged passage of the ordinance. Mr. Criswell requested that the City initiate the zoning of the area as soon as possible. Mrs. Harvey Springer 3737 South Lincoln -stated that h bas con idered enlarging her hous to add a musi c room or increase the size of some other room in th house; h asked if there would be any problems with enlarg • nt under the new ordinance? Mrs. Romans stated that a not e xceeded, she could lon a th maximum lot coverage was no problems. Mrs . Mary Campbell 3865 Sou th Lincoln - a k d per on in the audience from the area b tw en Kenyon and Oxford on South Lincoln Str et and South Sherman Street to stand --23 persons stood. Mrs. Campbe ll stated that the people in this area did support th proposed R-2-C Ordinance and thanked the Commission for their effort in dra fting the Ordinance. A woman in th audience asked why the zoning wa being changed at all if the R-2-C is so very similar to their previous zoning? Mr. Tanguma and r. Jon s discussed the background of this particular area, and the reasons surrounding the development of the R-2-C Zon District in an effort to plac this land in a zone classification which would be acceptabl to the property owners. Jon s moved : Wad second d: Th Public H arin on Cas #2-76 b clo d . y S ; AYS· n on, Williams, Jon , Brown, Smith, Tanguma, Park r, ad The motion carrie d. :>: d : Th Planning Commi ion r co nd to City Council h Coapr h n iv Zonin Ordinanc th approv 1 nd doption of th R-2-C Zon t or h in Ca #2-76. r on, Jor n on, P rk r, illiam , aith , ' y • h motion c rr 1 • • • -4- Mrs. Therle Oldenburg 3776 South Lincoln Street -expresse d her appreci atjon to the members of the Planning Commission for the1r efforts in drafting the proposed zone district. IV. MRS. TINA WARDEN CASE #1-76 3001 We t Bellewood Drive Jon s movf'd: Bro n couded: The Public H ar1n on Case #1-76 be open d. AYES: Pi rson, Williams, Jone , Parker, Smith, Brown, Jor en on, Ta nguma, Wade NAYS: Non Th motion carrie d . Mr. Tanguma ask d Mrs. Roman Lo discuss th back round of th requ st d rezoning. Mrs. Roman stated that th public h aring New pap r. w t • • • • .. -5- Mrs, Pierson asked wh y the staff had changed their mind and would recommend approval of this request? Mrs. Romans pointed ou t that the first request was for a B-1 Business classification, wh ile this re~uest is for a single-family classification that is less restrictive than t he existing R-1-A, Mrs. Romans pointed out that the regulations governing home occupations are extremely limited: there may be no outside entrance, no employees may be employed, the use ma y occupy only 300 sq. ft , of floor area in the residence, and the use of electric mo t ors is limited. Mr. Williams asked if the zoni ng would go with the property? Mrs. Romans stated that zon ing does go with the property, not wi t h the property owner. Mr. Tanguma asked for p ersons opposed to the request to speak, No one indicated a desire to speak. Mr. Tanguma then asked for proponents of the request to speak . Mrs. Tin Warden 3001 West Bellewood Drive -stated that she has made several appearances before the Commission to discuss her request to fix wigs in her home. She stated that she would be happy to answer any questions members of the Commission might have regarding her re~uest. Mr. Tanguma asked if anyone else would like to speak in favor of the request? No on else spoke in fav or. Jone moved: Wade seconded: The Public H aring on Case #1-76 be closed. AYES : Williams, Jones, Park r, Brown, Tanguma, Wade, Saith, Pi r on, Jorgenson NAYS : Non The motion carried . Park r mov d : Brown cond d : The Plannin Coma1s ion reco .. nd to City Council that th r zonin r qu t filed by Mr . Tina ard n for Lot 30, Block 19, Cent nnial Acr • cond Filin , for a cha ng of zonin from R-1-A, Si 1 -faaily R eid nc , to R-1-C, S n 1 -family R id nee, b approv d. AYES: AY Th -a ion a Mr • Roman not ri ht to p al C un 1 • T d. Jor n on, n b itb, Pi r on d of h r th City ' • • , -• , . • -6- Mrs . Warden stated that "you people kee p pushing me !rom on place to a not her''; she cautioned that she will not give up on her request, and that she is just trying to mak a living , Mr. Tanguma did advise Mrs. Warden that she may appeal to the City Council . V. MARY E , MITCHELL REZONING R-3 to B-1, Business CASE #37-7 5 Parker mov d : Wade econded : The matter of Case #37-75 be rais d from t h Table . AYE S : Brown, Jones, Jorgenson, Parker, Pierson, Smith, T anguma , Wade AYS: None AB STAIN : Williams Th motion c arr 1ed . Mr. Tanguma ca ll d for discus ion among the members of the Commiss1on. he knows the area very w 11, and that ar a recently several tim s. Mr . Parker possibl traffic problem if the ar a ... no mor than if the area w r to red v lop lr. Park r noted that at the Public ar a might develop "piec meal ", and n d to dev lop in that mann r , Mr . d for the small bu in that opl w 11 a a n ed for th nt. r. Parkf"'r . tat d h ould r qu l. ' , • • 0 • -7- north lot line of Lot 26, Block 1, Skerritt•s Addition; thence east a distance of 326 ft . to the point of beginning. Mr. Tanguma asked Mrs. Romans for an up-date on the request. Mrs. Romans stated that the request encompasses both sides of South Cherokee Street between the commercial strip on the south side of U.S. 285 and West Ithaca Avenue extended. The request would be an extension of the business zoning on the south side of U.S. 285. Mrs. Romans stated that the B-1 Zone District is that which is applied in the central business district; while the B-2 Zone District is typically applied along •ajor arterials and permits drive-in operations. Mrs. Romans stated that she felt the applicant applied for the B-1 Zone District because it would limit the type of business development, therefore pro- viding some protection to the area while still peraitting greater latitude in the use of the land. Mr. Jones stated that he had been concerned about the piece- meal development of the area, and he still has concerns about the matter. Mr. Jones made reference to the "piece-meal" development that has occurred in the 3400 block of South Bannock Street, and noted that the long process of development has been becau e of the multiple ownerships. Du to the fact the are a i zoned R-3, and that it would require 42,000 sq. ft. to d v lop further multi-family structures, th property owners would be limited to single-family or two-fa.ily develop- ment on th e ir land. Mr. Jones noted that the singl -f .. ily or two-family development on this land would not b the highest and be t use of the land, and that he would vot in favor of the ~tion, even though he has some reservations as to the impact of development over a period of tt.e. Mrs. Pier on tated th t was impre sed with th staff's opinion t ha t c ondition do not xi t which ju tify r zoning the ar nd quot d from th taft report the following r asons: 1. no vid nc viou zonin 2 . o vid n c ha be per on woul d b d propo d R-3, Hi gh 3. pr ~nt d that an of tbi ar a . rror wa th i • - • • 0 • -8- 4 . Although Lhe area has been and is proposed to be zoned fo r multi-lamily or high density residence use , it can also be developed under th proposed R-3 Zone Distr1ct for office use. The R-3 zone classification which is proposed to be applied to this ar a has the same permitted uses as did the former R-3-B Zon District. Mrs. Pierson stated that it w re ~ranted, it would leav Delawar Street that would b Pemed to her that if this rezoning a p ninsula of R-3 Zoning on South isolat d . Mr . Romans noted that at th m ting of Dec mber 17th, he Commission did recommend to City Council that the rezoning applications filed by Mr . Varuleusen for B-2 zoning b approved , This application by Mr. VanH usen encompass d both side of South D lawar Str et, extending south from the exis ing B-2 zoning along U.S. 285, to the properties developed with th apartm nt hous structures adJacent to West Ithaca Avenu • The application also encompassed the east sid e of South Ela i Street where the First National Bank parking structure is lo ated. Mrs . Romans pointed out that some ownerships in th1s particular area have been split by zoning districts, and th property owners could not us their land for thi reason . lr . Pier on ask d if this ch nged the staff' opinion on the M1tch 11 r zoning r qu t? Mrs. Romans stated that it did not. lr. Smith stat d that h agreed the property will be develop d with a piec -m al approach on an individual basis. r. 'J .nguma tat d that h i one rned about encroachm nt oi bu. in •. into reid ntially zon d and d v loped ar as. Th ,u . t ion wa all d for : ad , Oro n, Jon , Jorg n on, P rk r, Smith, Tanguma Pl r on I. : 111 nm Till t 1 011 •• rr d VI. J; rk~ 1 ll1 0 111n c s •34-7 5 tt r of c . w3 -75 r 1 d tro th ~ d Brown, Jon , Jorg n. on, P.rk r, Pi r on, 1 h 1 1 n 4' rr 1 d • • - ' • 0 • -9- Mr. Tanguma stated the matter was open for discussion among the Commission members. Mr s. Wade noted that the Minutes of December 17th had contained some discussion on whether members could vote on the matter who were not in attendance at the Hearing, or who had not listened to a tape of the meeting. She asked for clarification of this matter. Mrs. Romans stated that Mr. DeWitt had stated that if a meaber was not at the meeting but did come into the office to listen to the tape of the hearing, that member could vote on the matter. Mr. Witt stated that it is his feeling that those persons who di d not hear the testimony in person, or at least listen to the tap of the meeting, should abstain from voting on the matter. Mr. Tanguma asked if the Minutes of the me eting were not a legal source of information? Mr. DeWitt stated that the Minutes are a sy nopsis of the meeting, and are not transcribed verbatim. Mr. Tanguma asked Mrs. Romans for an up-date on this case. Mrs. Romans stated that Mr. Maples• rezoning request is for an area south of West Belleview Avenue west of the K-Mart property. Mrs. Roman s stated there is R-4, Residential/Professional, zoning abutting th property on the east, which is in turn abutted by B-2 zoning and the K-Mart development. To the west and south, the property is abutted by R-3, High Deneity Residence ; to the north across West B lleview Avenue, there is an R-2, Medium Density Zone District, nnd to tke northwest, there is the R-1-A Single-family R sid nee District. Mrs. Roaans stated that th r quest encompas e property owned by Mr. Maples, and by Me r • Richard and Robert Hoff chn ider, who join d in the r qu t with Mr. apl s. Park r mov d : Jor n on ond d : th R-4 Zon wa the "black-topp d area"? that th R-4 Zon was impo ed on th west property to act a a buff r b tw n th trict and h R-3 r sid ntial ar a to th Di trict p rmit ingle-!aaily, t o-faaily , and parkin for c oam rei 1 u e . t · , , • • - -10- Mr. Jones asked if there wa s any po sibi lity the R-4 District could b included in this B-2 application? Mrs. Romans stated th ar a would ha v to be post d, and a pu blic hearing would have to be held on that particular q uestion. Mrs . Romans stated that ther is an ambulance service to the west of the subJect site, which was in xistance at the time of annexation, and i a non-conforming us in the R-3 Zone District. This prop rty i not in luded in this re q uest . Mr. Parker aske d 1 the R-4 Zon~ District was institut e d in this particular cas as a bu1fer or a parking requirement ? Mrs. Romans stated it was to crv as buffer t o protect t he area to th west of th K-Mart d velopm nt. Mr. Brown a k d how many single-family r esidence th re are in a six-block rad1us of the subject site? Mrs. Romans stated th rc would be approximately 16 houses per bloc k in the R-1-A area, which would be 96 home in a ix-block area ; th r ar s v ral sing l e -family hous s west of the subjec t sit , but 1t is not hea v i ly developed resid ntially at this tim • 1 ' ,. . • I • • -11- commercial use at the present time, that is non-conforming in the R-3 Zone District. Mr. Parker stated that he doesn't think strip zoning is the worst thing in the world, and felt that in the future there would be commercial zoning from Broadway to Santa Fe, and that we should expect that. Mr. Parker stated that he could not think of any kind of non-business use that would go in between K-Mart•s backdoor and the ambulance service. Mr. Jones noted that the R-4 zoning imposed on a portion of the K-Mart property is a residential/professional classification, and is not included in the rezoning action. He asked if this R-4 area would be considered a "spot" of residential zoning be- tween two areas of 8-2 zoning if this request were to be approved? Would this be spot zoning? Mr. DeWitt stated that it would not be spot zoning in this particular situation; he cited the fact the R-4 Zone District is basically a commercial use, even though it is not built on. Mr. Smith stated that as far as the City of Englewood was con- cerned, the area developed by the K-Mart Store was not intended to be co .. erci~l, but when the annexation was contested and the area was p ' · \.d back unde:r Count _, JUrisdiction, the commercial zoning was granted. Mr. Smith stated that it appears to him that Englewood's basic plan was to zone the area residential. Mr. Smith pointed to the topography of the general area and stated that he does not feel the topography lends itself to commercial developaent. Mr. Smith emphasized that the original concept was residential developaent in this area, and that to approve this rezoning request would be erroding the residential concept. Mr. Smith stated that he feels the terrain is much more suited to residential development than to comaercial. d 1 2 /7 o n , • • I • • -12- Mr. Brown stated that he did not know of another person who has done as much for the City as Mr. Maples has; he now has a piece of land he wants to sell, but has been unable to do so under the existing zone classification. Mr. Brown stated that the Commission is charged with the responsibility to con- sider each case, weigh the facts, and decide what is best for the City of Englewood. Mr. Brown stated that in all fairness to the residents of the area, he would have to say he would give stronger consideration if the rezoning request were for B-1 classification. Mr. Brown noted that Mr. Maples may be able to sell his land if the B-2 zoning were granted, and the new owner might want to put in a car dealership, and he cannot see inflicting such a use on the residential neighborhood. ,. . Mr. Brown stated that he could not in good conscience vote for B-2 zoning, but would give stronger consideration to a B-1 classification if Mr. Maples or a future property owner were to apply. Mr. Brown emphasized he feels the B-2 Zone classi- fication would hurt the surrounding residential property owners. Mr. Parker noted that he did go to the office of Community Development, and did listen to the tape of the Public Hearing on Mr. Maples• rezoning reque ~t. Pierson moved : Jones seconded: The matter be Tabled for clarification of those members who may vote. It was noted that at the Council meeting of the preceeding evening, it was determined that a motion to Table cannot take precedence over a motion that is before the particular body. Mr. Tanguma asked if the Coamission had to abide by Mr. DeWitt's ruling those eligible to vote? Mr. DeWitt stated that the Public Hearing before th co .. ission was a quasi-judicial hearing, and th peopl at the hearing h ard the t stimony. Mr. DeWitt tat d tb r is aor to aaking a d cision on the matter than r din a staf r port; both sides of an i su hav a ri ht to b h ard. Mr. DeWitt tated that h t 1 th e Court will not u tain d cidin vot by a ab r who w r not pr nt at th Publi c H rin • Th vot on Mr. Park er• motion to approv th call d : S : AYS : aa, , Bro n, Jon , Pi r on ABSTAI Th Ch Mr • Rom r h to Am nd d 1 /20/7 t th aotion f 11 d. d that r. M tb d ci ion shou ld b a vi d of hi• C ty Coun 11. ' • • 0 - -13- Mr. Lou Ca ngilla 5000 South Delaware -stated he would like to thank the Com- mission, particularly those who had attended the Hearing, for their decision. He stated he realized that considerable thought was given to the matter, and be wanted to express his appreciation and that of other property owners in the neigh borhood for the Commission's time and effort. A recess was called. The meeting was reconvened with the following members present: Pierson, Smith, Tanguma, Wade, Williams, Brown, Jones, Jorgenson, Park r. No members were absent, VII. PROPOSED ZONING ORDINANCE AMENDMENT Definition of "Temporary Structure" CASE #4-76 A proposed definition of "Temporary Structure" has been pre- pared by Mr. DeWitt at the request of the Planning co .. ission, Mr. DeWitt stated that the proposed definition was considered as a result of a temporary building constructed at Broadway and Belleview which was approved early in 1975, The Coa- mission had voiced concern over the length of time the "teaporary" building could remain on the lot, Another concern voiced was that the structure conform to the zone classification applied to the land on which the building is to be placed. Mr. DeWitt stated that he feels the proposed definition does cover both concerns expressed by the Commission. Mrs. Romans stated that pl ns w r subaitted for the peraanent structure on th sit at Broadway and Belleview showing tb location of that tructur Sh noted that the bids for con- struction of tbi pro 1 t a fe aonths. ago. d ; 0 Park r, Pi r on, Jon , Jor n on Y on Th mo ion c rrt d. limitation of six aonths and 1a liait •• con idered in d pth. b nda nt to th Suppl a ntal by tb Cod Bnforc nt D A ADDITIO AL SIX MONTHS,'' ion pprov ry true ur , itb, T ua , ad d finition Willi a public b d a ndll nt dul d tor Zo 1 0 J nuary 2 th • • • - -14- VIII. DIREC TOR 'S CHOICE Mrs. Romans reported on progress with the Larwin Corporation in solution of a problem reported by Mr. Brown, wherein hea t lamps placed in the ceiling direct ly ov er the shower and tub unit s , hav brok n when splashed with water and have resu l ted in injury to at least on of the re sidents of the Complex. The matter was reported to th Code Enforcement Division, and Mr. Brokate had the matter checked into. Th Inspectors vi w d some of th units, and the heat lamps were properly place d over the dre sing area. The staff then cal led the at torney r pr s nting the resident of the c omplex who was i njured, and the at torn y arranged for the inspectors to view her apartment; the Inspector found that the heat lamps are, indeed, installed directly over th tub a n d showe r in that unit. Mrs . Romans stated that Mr. Brokate has bee n ask ed to pr epare a r commendation to amend the Codes to keep this from happening in the future . Wheth er or nol the City can require Larwin to cha n ge the location of the heat lamps in the existing units has not been d t rmined, but an attempt will be made to do so. Th tl hl\' r .·. G. 0. Oond th 10 -unit , fully, b on J contact the representativ The Mr rr , x tor - • • 0 l o - -15- mission felt it was nec e ssary to have a Public Hearing on structures to be moved into the industrial area; the building in question was not to be on a foundation, and is to be used as a temporary office. Mr. Jones stated that he felt the in- tent of the Ordinance was to pertain to permanent structures, and not temporary buildings. Mr. Smith asked if a Building Permit is required for temporary buildings? Mrs. Romans stated that it is not. Mr. Smith suggested that possibly those structures not requiring a Building Petmit could be excluded from the Public Hearings. Brief discussion followed. Mr. Williams asked if the State Highway Department would be sen~ a copy of the permit at such time as a structure is to be moved out of Englewood? Mrs. Romans noted that the Ordinance retuires notification of all jurisdictions. Mr. Willia.s asked if the mover had a permit from the State Highw.ay Depart- ment, did they also have to have a permit from Englewood to move through the City. Mrs. Romans stated that the mover must have an Englewood permit. Mrs. Romans discussed a letter drafted to Mr. Martin at the request of the Coaaission. The letter, as amended, is as follows; "Mr. Arthur L. Martin, Jr. 5054 South Grove Street Englewood, Colorado 80110 Dear Art: Th aeaber of th City Planning and Zening Coaaission very auch regr t your d cision to r sign from the eo .. ission. W do however, resp ct th d ision you have aade, knowing that you did no take thi ction without first havin given v ry car ful and d lib rat thought to the aatt r. Having rv d on th Coaai ion inc 1973, and as Chairman since F b ruary of 1974 , you h v con ribut d much to your community. You h a e a lway act d hon tly , with integrity and in the best int r t o th c iti z n En 1 ood. For this, w coaaend you . W 1 h you w 1 1 in yo ur f u u r ill lind o t h r way to r v • inc r ly, I I a, Jr . D" nd avors, knowi that you • , .. • • • • ,. - -16- IX. COMMISSION'S CHOICE Mr . Jones suggested the Commission develop a Mixed Use Com- mercial District which could be of help in some instances such as the Commission has considered this evening. This District would have a Planned Development aspect, and would permit a mixture of uses. He felt this would provide some protection for adjacent property owners, inasmuch as they would know what uses to expect in such a development . They could be assured that what had been discussed at the Public Hearing would ind ed be built. Mr. Jones stated that the present business zoning leaves a lot to be desired. He stated that he felt a Mixed Use District would provide som type of control that would protect the adjacent property own rs. Mr. Tanguma suggested a study session on thi matter. Mr. Jones stated that drafting this ordinanc is going to take a lot of work and research. He suggested that the Commissio n might want to incorporate fe d-back from th City Council, and from the busin s community in th ir res arch and study. ~r . Pi rson stated that she will b taking some classes, and w1ll have to mi s most, if not all, of the regular meetings for th next two months. Sh stat d that she is very interested in th Plannin ~ proc s, and wants to continue to be a memb r of th(• Commi sion, but will hav to miss thes meetings . too." mat h ta ted th t h f 1 t i l "was time th City woke up kids in this town who have needs, h would lik to ask City Council to mon y ~iv n for th s nior citizens recreation cent r tion of a comm u nity cent r o the plac to go Mr. Brown stat d that th long r.ng plan of th City, and ,_ ull ... llu tion. lr. Jon tat d thnt Mr. Jon t t d th t th po ibilit } hool on h u of th buildin is r. Clayton .n d Mr. workin • - • • 0 • -17- Mr. Brown noted that the G. 0 . Bond election passed with a good majority, and this is probably the only place in the U.S. that has been a ble to pass a bond election with that kind of strength ." Mr. Brown stated he wanted to thank Mrs. Romans for checking into the situation at the Larwin site, and for her efforts in g etting the gate replaced. Mr. Brown stated that the gates are in place, but they are not connected to the fence, and on the r i ght side a car could get through if they went across the lawn. Discussion followed. Mr. Brown noted that the Larwin Corporation did give the land tor the park, and that there are "many plusses to the develo~ent." Mr. Smith asked what City Council had done relating to the RTD resolution on the station location? Mr. Jones stated that the City was presented with the aaps and drawings of three alternate locations and he understood there is to be a Public Hearing on the 22nd at the Fire/Police Coaplex. Further discussion regarding the RTD ensued. Mr. Tanguaa inquired about the site that was proposed tor the Hilton Inn? Mrs. Romans stated that nothing further has been heard regarding the site. The aeeting adjourned at 9:50p .m. •. ' • • • • 0 • -18- VE~:OR.\ '\DD~ TO THE E~GLE WOOD C ITY COC?--:C IL RE G .. ~RDJ!\'G ACTJO .t\ OH ~~CC''"'E~::u.:ro~ 0? :-:-:::: CI':'Y PU.!\'?-·r~;c: .!.~;D ZG?.J ?.r. CrJ !·~1!ISSIG.•; DATE : January J, 197d S UBJECT: Recommended Approv 1 of Proposed R-2-C Zon District RE COM\IENDA TION: Jone moved: Park r s cond d: The Planning Commission r commend to City Council the Comprehensive Zoning Ordinance be amend d by th ap proval and adoption of the propos d R-2-C Zone Distr ict as set forth in Case #2-76 . AYES : Wad•, Jones, Pi rson, Jorgenson, Parker, Williams, Smith, Brown, Tanguma AYS: on e The mo io n carried . Respectfully submitted, By Or r ol the City.Pl anning and Zoning Commi sion / "weity S cretary • • • I • • • • -19- MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COKMISSION. DATE : January 6, 1976 SUBJECT : Denial of Rezoning Request ACTION : Parker aoved: Brown seconded : The Planning Coaaission recoaaend to City Council that the rezoning reque•t filed by Mrs. Tina Warden for Lot 30, Block 19, Centennial Acree, Second Filing, for a change of zoning froa R-1-A, Single-faaily Residence, to R-1-C, Single-family Residence, be approved. AYES: Brown, Parker, Tanguaa NAYS: Williaas, Jones, Wade, Jorgenson, Saith, Pierson The aotion was defeated. Respectfully subaitted, By Order of the City Planning and Zoning Coaaission • • . • • , - • • 0 I • • -20- MEMORANDUM 1'0 TH E ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDA riON OF THE CITY PLANNING AND ZO ING COMMISSIO • DATE: January 6, l97o S UBJECT : n ecommended Approval of Re?on ing Re4.uest RECOM.ME DATION · Wad> moved: Pa1k r seconded: Th Planning Commission r e commend to City Council the f o l l owing described area be r•.t:o n ed fro m R-3 , liigh Density Residence, to B-1, Bu s iness. All of Lot s 17 through 2 ", Block 1, Sk erritt•s Addition, and Lots 7 throu g h 18, Block 5, Skerritt•s Addition, Second Filing , an d those parts of South Cherokee Street and West I l ha a Av n ue which abut said Lots, described as follows : Beg inn ing at lh e point of int rsection of the centerline of the Ballno ~..k 1 Cherok e alley and the extended north line of Lot 7, Block 5, Sk e r r itt's Addition, Second Filing; thence south along said centerline a dista ce of 30 0 it, to the intersection with th ext nd d outh line of Lot 18, Block 5, Skerritt•s Add ition , Secoud Filing; then west a distance of 1 3 ft . to th center l ine of South Cherok e Street; thence north along said c nt 1 line a distance of 20ft. to its point of inter- section with the c ntcrline oJ West Ithaca Av nue; thence wes t a l ong said c nt rline of West Ithaca Avc n u a distance of 163 ft. to its in t ersection with the centerline of th ext nd d Chero kcc,Delawar a ll ey; then ~.c no rth a l ong the c nt rlin of the> Chcro k e>e> IX>lawar alley a dis tanc of 2SO ft. to it int r- s<.c t ion wi th th e>xt c nd d nor " lot lin n 1 Lot 2o, Blo k 1 , Sk rr1 t t · Addi t1on; the>nc ·u::. 1.. a di tan , • of 32o ft to th po1nt ol l> gi nnin !{. \ ES: )S · 'STA J Wa d , Bro n. Jon Pic>r on 1ll.1.a ms l lt• ln>IHll C 3l'l H'd. RP p·~tlull submil ttd, , JorK n on, Park r, Smith , Tangum B J 'clt 1 o I l h t 1 d Zo u tnr Co Pl auu1n lon •. • • f • • 0 - -4!.4 - MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE : January 6, 1976 SUBJECT : Denial of Rezoning Request ACTION: Parker moved: Jorgenson seconded: The Planning eo .. ission reco .. end to City Council the rezoning request filed by Mr. Maples for the following described property be approved, the change of zoning being froa R-3, High Density Residence, to B-2, Business. An area including all of Lot 6 of Interurban Addition, except the we•t 75 feet thereof, or an area described ~re precisely as: Beginning at the intersection of the east line extended of Lot 6, Interurban Addition and the centerline of West Belleview Avenue ; thence south a distance of 400 feet; thence west along south line of said lot line a distance of 256 feet; thenc north a distanc of 400 feet to the intersection with th centerline of West Belleview Avenue; thence east to the point of beginning. The vote was called: AYES: Jorgenson, Parker NAYS: Saith, Tanguaa, Wade, Brown, Jones, Pierson ABSTAIN: Williaas Th e Chairman declar d that th aotion !aile d. R sp ct!ully sub•itt d, By Ord r of the City Planning a nd Zonin Coaai ion • • , • • • 0 POLICE PENSION BOARD January 23, 1976 The Police Pension Board met at 4:00 p.m. on January 23, 1976 in Conference Room A at City Hall. All the Board members were presen J ames Taylor J . l . Leydon William D. James Als o present were : City Attorney Berardini Grady Brackeen Attorney Barbara Hughes Board Member James re po r ed that an appl !cation for disability retirement had been r ceived on January 12, 1976 from Grady L. Brackeen. In answer to Board's questions, Grady Erackeen stated he was operated on by Dr. Baisel on Friday, January 16. 1~76, and left the hospital on Thursday, January 22. 1976. He also stated that he has no vacation leave or sick leave f left. According to Dr. Raisel. Mr. Brackeen will be absent from work for twelv to sixteen weeks following the da e of surgery. • City Attorney Berardini suggested that the Board decide ~n temporary disa bility retirement at this time since the full ex ent of t e injuries are not presently known . Permanen disability retirement could be considered at a later date. Af ter disc uss i on , t e Board decided tha the information and evidence from th e pr viou s di sa 1 i y retirement appli catio can also be used for this ap pl ic a i on . o r d M r l don oved nd oard Memb r Taylor seconded a ~tion that rrady Rrac~e e b pl acPd on t porary dis bility retirement effective Ja uary 23, 1q7 f or a p riod of t ree months, a fch ti a determina- ion 111 ad regardi ng p rm nen di s ability ret1r nt . The vote r sul ~a ollo rs Taylor, l don , J s. f r up to da on all t rba l au riza ion ' • • ....... ( • Police Pension Bo ard January 23, 1976 Page 2 • 0 Board Membe r Taylor moved and Board Member James seconded a motion that all available information be given to Dr. Hoffer and that he instruct the Board and provide a medical opinion on this matter. The vote r esulted as follows : Aye s: Board Members Taylor, Leydon, James. Na ys : None. Motion carried . he meeti ng was adjourned at 4:30 p.m . ,~------------------------------ 0' •. ' • • , • • ,. - MEMORANDUM TO: Mayor and Membe r s of Englewood City Council FROM: Andy McCown, ity Manager Robert Holmes, Poli e Chi f D TE: January 27, 197 S -BJE T : ICMA/LEAA LAW ENFORCEMENT LEADERSHIP CONFERENCE Th two of us at nded the joint I MA/LEAA Law Enforcement Leader hlp Conferenc on January 21-23, at San Francisco, California. Twenty-seven other managers and chiefs were in att ndance from all parts of the countr • This is th fourth ear th se seminars hav been held. Th s minarE wer develop db ICMA in cooperation with National Training and Devel pment S rvice (NTD ) a part of a criminal ju ilee project funded through LEAA. The main objectiv of the seminar wa to improve th working relationship b tw n the Polic Chief and the it fanag r. This is bas don the pr mise that a mutually supporliv manager/chief relation i the k to a climate for c hang if the manag r's office and th police department ar to function most pff ctively. 1 h fir st da ' I ht the partll'ularl\ h lptul tu u In \\ r r ·I l 1 t"i n { llo •I u to v, · to kn \\ ch ot r ch • • • ( • • 0 • Mayor and Members of Englewood City Council January 27, 1976 -ICMA/LEA A LAW ENFORCEMENT LEADERSHIP CONFERENCE Page 2 establish some open lines of communication. The seminar also proved va luable in building and enforcing upon the all-important team function of management. We both feel that the seminar would be of bene!it for other department heads, and we were informed that lCMA is thinking about con- ducting a similar type of program with Fire Chiefs. We sincerel y thank the City Council for the opportunity to attend this unique and rewarding seminar. Sincerely, ,I Andy pmh •. ' • • , - • • , . • A MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE: January 20, 1976 SUBJECT: Recommended Approval of Rezoning Request RECOMMENDI\TION: Jones moved: Smith seconded: The Planning Commission recommend to City Council approval of the requested change from R-1-C, Single-family Residence, to R-2, Medium Density Residence, for the following described property: Beginning at the intersection of the east line of the W 1 /2, E l /2 of Section 8 , T 5 S, R 68 W, of the 6th P. M. and the centerline of West Union Avenue R. 0. W.; thence west along said center- line 435 ft. +1-to the centerline of South Decatur Street ; thence southwesterly along said centerline 506 ft . +1-; thence east 501.4 ft. +1-to a point on the east line of the W l /2 E l /2 of said Section 8; thence north along said east line 503.14 ft . +1-to point of beginning. The recommendation is based on the following reasons as cited in Staff Report #3-76: 1. Because of its proximity to industrial areas, and because of the agricultural nature of the development within the sub- ject area, the Single-family Residence zoning may not have been the correct initial zoning. 2. The City has zoned an area north of West Union Avenue and west of South Decatur Street for High Den ity Re idenc use, causing a change in the area. 3. The properties within the subject area ar not d veloping under the R-1-C Zone District, b cau of the proximity to industrially zoned areas. 4. The area proposed for rezonin is mor than "on (1) City block in ar a", and ther for , complie with a policy pr viou ly tabli h d by th City. dium-d n ity zonin iv Plan. ould not b in con lict 6. Th Di trict could af ct d, aucb a 7. Th r ar comm rcial, du ational and within th illll diat ar a that could • t additional popula ion th aay co• about R-2 Zon ao t dir rvic tly • f - • • 0 ·. • AYES: Smith, Tanguma, Wade, Williams , Brown, Jones Jorgenson NAYS : None ABSENT: Pierson, Parker The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission. •. ' • • , • STAFF REPORT Page -1- Staff Report Re: • .. REZONING REQUEST Case #3-76 The rezoning of approximately 4-1/2 acres from R-1-C Single-family Residence District to R-2, Medium Density Residence District . Date to be Considered: January 20, 1976 Name and Address of Applicant : B. L. & Wannita R. Weaver 2714 West Union Avenue Englewood, Colorado 80110 Mr. and Mrs. Weaver are represented in this case by John A. Criswell, Attorney-at-Law, 3780 South Broadway, Englewood, Colorado 80110. Names and Addresses of Property Owners: The County Assessor's records show the following as owners of the properties in the area requested for rezoning: R B. L. & Wannita R. Weaver 2714 West Union Avenue Englewood, Colorado 80110 Maye M. Ferguson 2740 West Union Av nu En lewood, Colorado 80110 Applicant to R t : B. L. & Wannitta W av r ar property o n r and r id in th ar a r 4uested for r zonin Lo tion o r Th ou h st t ar a • ....... • • • 0 .. STAFF REPORT REZONING REQUES T Pag -2-Case #3-76 Th ubj ct prop rty is now zoned R-1-C, Single-famil y R idenc • Tb land to the north and east is zoned I-1, L i bt Indu trial ; to th south, the land is zoned R-1-C, Single-family Re id nee , an d to the west of South Decatur Street, the land 1 zon d R-1-B, Single-family Residence. Both R-1-B and R-1-C ar ingle-family residence districts. The R-1-B District requi res a minimum of 60 foot frontage, a minimum lot area of 7,200 quare feet, and a minimum floor area of 1,000 square feet. Th e R-1-C District requires a minimum of 50 foot of frontage, a minimum lot area of 6,000 s~uare feet, and a miniaum floor area of 850 square feet . Description of Re q uest : The applicant is requesting that th subj ct properties be zoned from R-1-C, Single-fa ily Resid nc •, to R-2, Medium Density Residence. With industrial zoning to the north and east, the applicant is of the opinion that additional development of these properties cannot take place under the R-1-C zoning; hence, the request for the R-2 Medium Density Residence zoning. Both properties have been on the market and both owners have been told by real estate agents that they cannot sell the land under the existing zoning•. The applicant feels that " ....• rezoning of these parcels toR-2M dium Density Residential would create an ideal buffer zone betw en the existing single-family and industrial zoning to the north and south of the ubject property, and to th t nd w st of the subj ct prope rty. This would al o b contiguou nd coapleaentary to th park to th north of Union Av nu . ndation froa th Department of Comaunity coaa nds that th r qu t for th , • STAFF REPORT Page -3- • 0 - REZONING REQUEST Case #3-76 This recommendation is based on the findings that: , 1. Because of its proximity to industrial areas, and because of the agricultural nature of the development within the subject area, the Single-family Residence zoning may not have been the correct initial zoning. 2. The City has zoned an area north of West Union Avenue and west of South Decatur Street for High Density Resi- dence u se , causing a change in the area. 3. The properties within the subject area are not deve loping under the R-1-C Zone Di strict, because of the proximity to industrially zoned areas. 4. The area proposed for rezoning is more than "one (1) City block in area ", and therefore, complies with a policy previously tablished by the Ci y. 5. Th proposed medium-density z oning would not be in conflict ith th Compreh n iv Plan . 6. Th maximum po sibl d nsity permitted in th R-2 Zone District could be accommodated by those facilitie most directly affect d, such as utiliti s and police and fire services. 7. Ther are commercial, faciliti within th imm diate ar needs of th dditional popula ion of the r zonin De cription of Subj of u ducational and r cr ational a that could m t tho hat may com bout b cau hich loped . . i I I. c J i ' • .. - .. ' • STAFF REPORT Page -4- • • REZONING REQUEST Case #3-76 South of the subject site are several large parcels of land which are also zoned R-1-C. These properties are occupied by agricult ~ral and residential uses. Access to the area is by way of South Decatur Street which delimits the area on the west, West Union Avenue which delimits the area on the north, and a partial right-of-way along what would be South Clay Street extended on the east. West Union Avenue has been designated as a Collector Street in the Master Street Plan. Along the east boundary of the Weaver property, there is the 16-foot right-of-way which provides limited access to properties further to the south of the Weaver property via a private lane. There is no internal circulation within the subject area at this time. This area is not subdivided, and before any development takes place within the area, plats will have to be approved and access will have to be provided. The area itself is very flat and open and is presently occupied by the single-family hom s of the two owner The flood of 1965 reached much of this ar a, as well as much of Centennial Acres to the west. The 1965 flood was a Standard Project Flood as defined by th Army Corps of Engineers, which is of a much greater magnitude than the 100- year flood, the flood covered by the Flood Plain Ordinance. According the Army Corps of Engineers study done in 1963, this area is well outside the predict d xtent of th 100- year flood area. With th completion of Chatfield Dam since the 1963 Corp study, th xt nt of th 100-y ar flood has been diminished even furth r. City Action R lating to th Property : Thi ar a wa part o City of En 1 wood by Ordinanc th City policy upon zon i c j . c: . J c.: c I I ~ .. • I , . • • STAFF REPORT Page -5- • REZONING REQUEST Case #3-76 In 1963, the subject area was rezoned to R-1-C, its present zoning, as part of the adoption of the 1963 Comprehen- sive Zoning Ordinance and Map. I Periodic~lly over tb~ )~ars, differe nt persons have contacted the Planning Division about the possibility of re- zoning this are a, or portions of the area south of West Union Avenue and west of South Clay Street extended . They have been advised to meet with other property owners in the area in an attempt to come to some agreement as to the zoning in the area, The property owners in the area south of West Union Avenue and between South Decatur S treet and the South Platte River, were invited to attend the April 16, 1974, me eting of the Planning Commission t o discuss a t raffic circulation pattern for this area. It was hoped that the c oncensus of that meeting would produce a traffic circulation pattern that could be proposed as an amendment to the Master Street Plan , However, the concensus of those prop rty owners at that meeting was that the need for consideration of a circulation pattern or street system within the area was premature. Also at that m ting, Mrs. May e Ferguson express d a desire to rezone her prop rty and, hop fully, some neighboring properties in order to improve the development potential of the land • i ! c 1 . c . i c ~ c i l ~ • c . c ' , • STAFF REPORT Page -6- • .. REZONING REQUEST Case #3-76 no agreement to purchase between the applicant, Mr. Wiebe, and any a the property owners. Because of this, the Commission was advised by Assistant City Attorney Lee that the Public Hearing should be closed. Mr. Lee further advised that until such time as a valid application for rezoning were made --an application filed by a property owner within the area, or a person holding an option to purchase property within the area the rezoning should not be considered. It was suggested by the Commission that one or more of the property owners in this area should sign the application for rezoning, and that it be resubmitted. The Comprehensive Zoning Ordinance does not re- quire at this time, that any specific number of owners or persons who have options to purchase land within an area pro- posed to be rezoned sign the rezoning application. One person may request zoning for land other than the land in which he may have an interest. The request for the rezoning of the entire area south of West Union Avenue and east of South Decatur street, which is zoned R-1-C, was resubmitted by Mr. and Mrs. Weaver to the Planning and Zoning Commission on June 17, 1975. Before con- sideration of this request could be completed by both the City Planning and Zoning Commission and the City Council, action was underway to repeal the R-2-B Zone District, and enact in- stead, the new R-2, Medium Density Zone District. On the advice of the City Attorney, Mr. and Irs. Weaver were advis d to delay further action on the rezoning re uest until th new R-2, Medium Den ity Residence District was adopted. The R-2-B Zone District wa subsequ ntly repealed by City Council and tbe new R-2 Zon District was adopt d Dec mber 16, 1975. B. L. and Wannita eav r are now requ sting R-2, M dium Den ity Residential zoning only for their prop rty and that of th ir neighbor, May F rguson; not for the entir area that wa consid red pr viou ly. Th prop r po tin of the ar a and notic in th o ficial City new pap r hav b n mad in pr p ration for th Public H arin to b h ld on January 20, 1976. ug Th G n raliz d Land U ta a m dium-d nsi y r Plan : Plan of th Compr ntial u for this Plan Thi o ic chan ould hav no J . 1 I • , - ( ,., • STAFF REPORT Page -7- • 0 - REZONING REQUEST Case #3-76 Public Service Company -Electric Division : No objection . Department of Utilities : The area in question, adjacent to South Decatur, is accessible to water service, but not to gravity sewer service . Water service is available in West Union and on South Decatur. The area is in the Valley Sanitation District and service to additional development in the area would necessitate negotiating with the sanitation district. The alternative to septic tanks is to carry sewage easterly to the 66" interceptor that Littleton and Englewood intend to construct on the east side of the South Platte River. Valley Sanitation District -Rea, Cassens ~ Associates, Inc., Consulting Engineers: Mr. Cassens advised that the Valley Sanitation District sewage line is nearly used to capacity now. When the R-3 zoned area north of West Union Avenue and adjacent to Centennial Park was being considered for development into a 50-unit multi-family use, Mr. Cassens felt that the additional sewage load created by that develop- ment would just about fill the Valley sewer line to c apacity. The area zoned R-3 has not been developed. It g ts down to the fact that Valley Sanitation could accommodat the sewage from fifty additional units in this area and that th first application submitted for service will probably g t it --the first-come first-ser v d principle. Mr. Cass ns f els that on altern tiv to developm nt in the subject ar a could be to carry a t to th Littleton/Englewood interceptor which will the a t side of the South Platt River. This will b a v expen ive process, however, and would b com mor t a ibl und r th R-2 Zon District than under th pr nt zon cl i-fication, l i I .... 1 • c • 0 ' • • ....... • .. 4 I • STAFF REPORT Page -8- • 0 .. REZONING REQUEST Case #3-76 their properties if a buyer wer e available, and have h4d their prop rty listed for sale. One owner has been told the price that they felt necessary to receive for their land was too high for single-family land in that location. It appears then, that development of the area into single-family lots of 6,000 s~. ft. may not be practical, especially when considering the inhibitive financial climate prevailing at the present time. The development of this generally open land, however, could possibly become attractive if the permitted density were in- creased slightly, as would be the case if it were rezoned to R-2, as requested. The maximum obtainable density under the proposed R-2 z oning would be approximdtely fourteen (14) dwelling units per net acre. No more than four units could be attached and under a common roof under the provisions of the R-2 Zone District . Under the present R-1-C zoning, approximat ely seven (7) dwelling units per net acre would be permitted . The area r quested for r zoning is approximately 4-1 ,~ acres. Inasmuch as th area i s not platted, it will b n cessary to subdivid th area b fore any d v lopment tak plac Access will hav to b provid d within the ar a and, as a rule of thumb, approximat ly 25" of th land in a development i d vot d to rights-of-way. With thi in mind, w could assum , not knowing how th ar a will b laid out, that ther will b pprox1m t ly 3.5 acr s for d v lopm nt nd on (1) a cr devot d to right -of-way . icinitj; Map ON z IJ'l ' ., ~~ .. ,·,...., ... Weaver Request for Re -1ing R-1-C to R-2 Annexed Area -~ c;j;., ~1': 0 .. z -· AV E I OE.NVE.R ~~J ~]-1s~·f r ~L.l t~~-61 1-1 n I I 'I A r I 0 • (Residentia l) • ~ ~--'l;"""''Adllt~ .... ~r =---N _ . . . !I~ , ,B-2 Business • I •' 1: ~LEwpof? k·· . I 'D' -CBusiness}(lndustrial)- I ICIIIe 1',.00' Deoertment nf t'nmmu .. itw n._._..__ • " I .... ll . ., ~ ~ . • • CHEHAHGO AVE . .. • • A M Weaver ReQuest for Rezoning rea 3 n A-1-C to R-2 _. . ------~--·-·-------- Sin gle Family O Resident i al AVE . . -.-.--I a •• o, 0 Porr Ambler A:lrr --------------------- Light Industrial I a 1 2 ; .. !:0 Bussard -~~;~L----~= :;:1 D CfinQer 1 11 J D Canf ield I *"Parr ~ I I I I II I I I I I I SH J c::::J -" •o• ------- I I I I ··-----, .. ICOit !": 200' Oe!lOrlment of Community Development ' I r I 0 • 7 ~ I • • 0 • INTRODUCED A5 A BILL BY COUNCII.MA."l ~ A BILL FOR AN ORDINANCE REZOOING A CERTAIN PARCEL OF lAND WI1HIN 1HE CITY OF ENGLE\\OOD, ARAPAHOE CCXMI'Y, SfATE OF COLORAOO , FRCM R-1-C SINGLE- FAMILY RESIDOCE DISTRICT, TO R-2 MEDIUM DENSITY RESIDENCE DISTRICT, AND AMENDING 1HE OFFICIAL ZONING MAP ACCORDINGLY. WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Ordinance, a Public Hearing was held before the City Planning and Zoning Commission on January 20, 1976 to rezone a certain parcel of land within the city f rom R-1-C Single-Family Residence District to R-2 Medium Density Residence District; and WHEREAS, said Planning and Zoning Commission has considered the proposed amendment and map change and has submitted its favor- able recommendation to the City Council therefor; and 'f\HEREAS, pursuant to Se tion 22. 3 of the Comprehensive Zoning Ordinance a Public Hearing was held before City Council on -..--.....- to rezone said parcel according to the above desig- n_a....,t'"'l_o_n_;_ana-.--- WHEREAS, public necessity, convenien e, health, safety, the general welfare and good zoning pr tice justify the proposed amendment to the said 0 ficial Zo mg t-lap, as hereinafter set forth. Section 1 . The followin d cribcd pr p tty -h 11 be 1 F 1ly Re idcn Di tri t o R Z illll tric t : ' • • , - • • • Section 2. • 0 • on the east 1 ine of the ~ ~ said Section B; thence north along said east line 503.14 feet +/-to point of beginning The Official Zoning Map of the City of Englewood, Colorado, hereby is amended accordingly. I ntroduced, read in full and passed on first reading on the 2nd day of February, 1976. Published as a Bill for an Ordinance on the _ day of February, 1976. ATTEsT: EX OFFICIO CITY CLERK-ikPAStJRER I, William D. James, do hereby certify that th above and fore- oing i a true, accur te and c~Iete copy of a Bill for an Ordinance, introduced, read in full and pa ed on first reading on the day of Febru ry, 1976. J!lttO tt1Y CtERIC-1K£ASURER--- •. • • -• 0 t• • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE : January 20, 1976 SUBJECT: Approval and Recommendation of Findings of Fact RECOMMENDATION: Jones moved: Jorgenson seconded: The Findings of Fact on Case #1-76, Mrs. Warden's Rezoning request, be approved and recommended to City Council. AYES: Wade, Williams, Brown, Jones, Jorgenson, Smith, Tanguma NAYS: None ABSENT: Parker , Pierson The motion carried. Respectfully submitted, By Order of the City Planning and Zoning Commission. kk..4. L.ffi~ Gertrud G. ~lty Recording S cretary ' • • - • • 0 • CITY PLANNING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF CASE No. 1-76, ) FINDINGS OF FACT, CONCLUSIONS, ) AND RECOMMENDATIONS RELATING TO ) THE APPLICATION TO REZONE A ) CERTAIN AREA OF THE CITY FROM ) R-1-A, SINGLE-FAMILY RESIDENCE ) TO R-1-C, SINGLE-FAMILY RESIDENCE ) PURSUANT TO §22.3-2 OF THE COMPRE-) HENSIVE ZONING ORDINANCE OF THE ) CITY OF ENGLEWOOD, COLORADO , ) A Public Hearing was held in connection with Case #1-76, on January 6 , 1976, in the City Council Chambers at the Englewood City Hall . The full m mbership of the City Planning and Zoning Commission was present, those being: Mr . Brown, Mr. Jones, Mr. Jorgen on, Mr. Parker, Irs Pierson, Mr. Smith, Mr . Tanguma, Mrs. W de and r. Williams . FINDINGS OF FACT Upon revi w of th vid nc tak n in th form of ny, pr ntation , r port and filed docum nts, th ion makes th followin finding of fact : th r l.lU id r tin • Lot County, ' • • • • 0 -2- 6. That there is a single-family residence on the site for which rezoning is requested at this time. 7. That the R-1-A Single-family Residence District is the most restrictive zone classification in the Comprehen- sive Zoning Ordinance and areas so zoned should be protected from activities of a commercial nature. 8. That the R-1-C, Single-family Residence District permits certain Home Occupations which are not permitted in the R-1-A Zone District. 9. That the property which is the subject of this application is adjacent to commercial development on the south and on the east, but the commercial development does nat front onto the subject site on the south and on the east it is set back sufficiently far from the subject property that it has no adverse effect. 1. was given. CONCLUSIONS That proper Public otice of the Public Hearing 2, That the present zoning is R-1-A, Single-family Residence, which District does not permit Home Occupations or other uses of a commercial nature. 3, That the property owners in the area adjacent to the property with which this application is concerned, have relied on the restrictions in the R-1-A, Single-family Zone District, which protect them from the encroachment of commercial development and that th proposed R-1-C, Singl -family Residenc District, ould not giv them that same protection. 4 . natur of th and that the prop r zonin 5. That there ha b n no ubstantial chang in th area which ould w rrant th chan in zoning R-1-~, Sin 1 -fa ily R id nc Di trict is th for the ar a, No brou ht forth to sho that th prop rty cannot u th pr nt zonin • 6. rv pro th in zon it i• th co .. i •ion to Color do, hat o. l-7 , to ro• R-l-A, • • , - .. • • 0 ·, • <. -3- Residence Zone Districts, be denied : Lot 30, Block 19, Centennial Acres 2nd Filing, Arapahoe County, Colorado, and the rights-of-way to the centerline of the abutting streets desig nated as West Bellewood Drive and South Federal Boulevard . 1976. Upon vote at a meeting of the Commission, January 6, Those voting in favor of the rezoning: Mr. Brown, Mr . Parker and Mr. Tanguaa . Those voting in opposition to the rezoning : Mr. Jones, Mr. Jorgenson, Mrs. Pierson, Mr. Saith, Mrs. Wade and Mr. Williams. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION. ~ng~~ac?·~ Vice-Chairaan . , . . ' • • • , -,.. • 0 t• • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE : January 20, 1976 SUBJECT : Approval and Recomaendation of Findings of Fact RECOIDIENDA TION: Williaas .,ved: Wade seconded: The Planning eo .. iasion approve the Findings of Fact on Case •2-76, the proposed R-2-C Zone District, and recoaaend s .. e to City Council. AYES: Tanguaa, Wade, Willi ... , Brown, Jones, Jorgenson, Saitb NAYS: None ABSENT: Parker, Pierson The .,tion carried. Respectfully subaitted, By Order of the City Planning and Zoning Ca.aiasion ~~4~dp Recording Se cretary •. . . • • - • /' ' • • CITY PLANNING AND ZONING COMMITSSION CITY OF ENGLEWOOD, COLORADO FINDINGS, C<H::WSIONS AND REal+tENDATIONS CASE 00. 2-76 IN THE MATTER OF PROPOSED ZOOE DISTRICI' R-2-C --AMENIM:Nr OF TiiE ENGLEWOOD <D4PRI71ENSIVE ZONING ORDINANCE OF 1963 FINDINGS OF FACT On the 17th day of December, 1975, notice of the public hearing in this matter was published in the Englewood Sentinel giving the date, time and place of the public hearing in this matter. The public hearing regarding this case was held on January 6, 1976 at 7:00 P.M. in the council chambers of the City of Englewood. The proposed amendment entitled R-2-C, Meditn Density Residence District, • was initiated by the City Planning and Zoning C<lllllission. There are certain areas within the city in td\ich single and two-family units can be adequately acca.odated, but the higher density develop.nt would not be canpatible with the nature of these areas. TheR-2 -C district is a ca.ple.ent to the R-2 zone district and is intended to improve the quality of develop.ent in the Mediua Density Residence Dis trict. Th proposed R-2-C di trict provide for a tr ition between ingle faaily areas and medillll high density ·fa1ly re for tof\ich none o£ the presently- exi ting zan district ati fi -1 -• • - Case No. 2-76 Continued • 0 • cm:wsioos The proposed R-2-C ordinance is in accord with the comprehensive plan for the City of Englewod, whereby it will pi"alllte good planning within the City and fulfill a need not presently being met by the existing ordinance. ,. . It will conserve the value of buildings and encourage the most appropriate use of land throughout the City of Englewood. Such ordinance is necessary to lessen congestion in the streets, to secure safety from fire, panic, floodwaters and other dangers. It will protect and promote family, residential areas, the health and general welfare of the camamity, and prevent the overcro..ding of land and undue concentra- tions of populations, and there is a need for such a zone district within the City of Englewood. REaMIENDATictl It is the recCIIIIIendation of the Planning and Zoning ea.ussion that the C~rehensive Zoning Ordinance for the City of Englewood includes a zone district classified as R-2-C, a copy of which is attached to this recca~~endation. Rec~dation approved the 6th day of January, 1976. Ay ·th, Tan Non • CITY PLANNI~ AND Z OOI~ C<JMISSIOO CITY OF ENGLaO:D Bl'Oiol\, Jon , Jorgen on, Piersoo, Wade and Parbr . By Ord r oft City Plaming and Zoning ~ssion -2 - •. • • , -.. • • • 0 • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE: January 20, 1976 SUBJECT: APproval and Recommendation of Findings of Fact RECOIDIENDA TION: Jones aoved : Wade seconded: The Planning co .. ission approve the Findings of Fact on Case •34-75, Mr. Maples• rezoning request, and recOBaend sa.e to City Council. AYES: Saith, Tanguaa, Wade, Williaas, Brown, Jones, Jorgenson NAYS: None ABSENT: Parker, Pierson Tbe aotlon carried. Respectfully subaitted, By Order of the City Planning and Zoning Ca.aission • • ~./g;~ Recording Secretary ~aiv ' • • , -... • 0 I• - CITY PLANNING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF CASE #34-75, ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE APPLICATION TO REZONE ) A CERTAIN AREA OF THE CITY OF ) ENGLEWOOD FROM R-3, HIGH DENSITY ) RESIDENCE, TO B-2, BUSINESS, ) PURlmANT TO §22-3-2 OF THE COM-) PREHENSIVE ZONING ORDINANCE OF ) THE CITY OF ENGLEWOOD, COLORADO ) A Public Hearing was held in connection with Case No. 34-75, on December 17, 1975, in the City Council Chaabers at the Englewood City Hall. A quorua of the City Planning and and Zoning Commission was present, those being: Mr. Brown, Mr. Jones, Mr. Jorgenson, Mr. Smith and Mr. Tanguaa. Mrs. Pierson, Mrs. Wade and Mr. Parker were not present at the time of the Public Hearing; however, Mr. Parker listened to the taped proceedings in full on January 5, 1976, in the office of the Departaent of co .. unity Developaent . FINDINGS OF FACT Upon review of the evidence taken in the fora of te ttaony, presentations, reports and filed documents, the Comaission aakes the following findings of fact : 1. That proper notice of the aeeting to con ider the req uested rezoning was given by publishing and posting. 2. That th area in question is deecrib d aa : Block 6 , Inte rurban Addition, Arapahoe County, Colorado, exc pt th w t 7 5 f t thereof . 3 . Th at t h a pplica tion for rezoning was fil d by Grady Fr a nkli n Maple , M. R. Va nDiver, Richard Hoffachoeld r and Ro b rt Hoffachn i d r , o wn r o f th pro r t y f or hich th r zonin is r qu t d . 4 . That th ar a w th hicb cone rn d wa nn x d to th City o o. 13, S r i of 1964. t h ld a pplic U o n is ood, by Ord plan d ,_ • • t ( , • • 0 I• • -2- 6. That the land with which the application is con- cerned, was zoned R-3-B, Multi-family Residence, by Ordinance No, 27, Series of 1964, and upon the repeal of the R-3-B Multi- family Residence by Ordinance No, 31, Series of 1975, the land was zoned R-3, High-Density Residence, a comparable zone classification, by Ordinance No. 53, Series of 1975, 7. That the Comprehensive Plan of the City of Englewood, Colorado, adopted by Resolution No. 28, Series of 1969, does not project the expansion of the commercial develop- ment west along or adjacent to West Belleview Avenue. 8, That certain uses which are adjacent tothe subject site were permitted to be developed by Arapahoe County before the area was finally annexed to the City of Englewood, which uses still exist: (1) An ambulance service to the west of the subject site which is a Non-conforming Use in the R-3 Zone District. (2) The K-Mart Store to the east of the subject site, the weR 1~rtion of which site was zoned froa R-3-B, Kulti-fa.ily Residential, to B-2, Business and R-4, Residential- Professional, after final annexation to the City of Inglewood, the building permit for the store having been issued by Arapahoe County. 9. That a "buffer" zone, R-4, Residential-Professional, was imposed on the west 50 feet of the K-Kart property to serve as a zoning barrier between the business zoning on the K-Kart site and th aulti-faaily residence zoning on the subject site; the R-4 Zone District not permitting uses of a coaaercial nature other than for accessory off-street parking. 10 . That in the areas to the north and west of th land with which this application is concerned, there ar uses of a J'esid ntial n ture, both singl -faaily and aul U-fuily resid nces and that the character of the neighborhood to tb north and w st is priaarily of a residential nature. A Planned Developa nt is on file in th office of th Arapahoe County Clerk and R cord r for a Kulti-faaily Resid ntial coapl x to th outb of the ubj ct it , but to this dat , has not b en impl ment d . 11 . Th t ace s to th prop rty ith which th pplica- tion is cone rn d is liait d to W st llevie Av nu , a h vily travel d art rial. • • ( • 0 ,. - -3- with the high intensity of land use, suitable environment for family life, and to permit certain professional uses of a character unlikely to develop general concentration of traffic , crowds of people and general outdoor advertising, To these ends, this District is protected against encroachment of general industrial uses and certain commercial uses while the regula- tions permit high development consistent with the high concentra- tion of persons and land valuation, Residential types of structures as well as various institutions are permitted, plus structures for professional uses conforming to the pattern of the District. Regulations are iaposed upon developaent in this District which require open space and landscaping, underground utilities, minimum lot area and maximum lot coverage, and other siailar controls. 13, That the B-2 Business Zone District is coaposed of uses of a retailing and service nature oriented to vehicular traffic and aotorized customers, as well as residents of the City and surrounding area and that the B-2 Zone District pro- vides no safeguards to adjacen~ residential properties as to open space, landscaping,ainiaum lot size, maxiaua lot cove rage, or s imilar prov i sions other than to require a set back on that po rtio n of the property in the B-2 District which abuts upon a Resident ial District "in t h e same block" 14 , Tbat Mr. Maples and Mr. Vandiver applied to the City f or the r e zoning of this area in 1972 , Case ,16-72, from R-3 -B to B-2. The Coaaission recoaaended approval of the rezo n ing; how e ver, the Council later denied the rezoning f ollowi ng a Public Hearing . CONCL USIONS 1. Tha t proper public notic of t he Public He aring wa giv n ; 2. That own e r s o f re i d nt ia l property i n th adjac nt area ha v e r e lie d o n the a u l ti-f aa i ly r es id nt i a l zonin d signation on the property with which th applicat ion i concern d; 3, That th Coapreh n ive Plan does not proj t urth r co rcial d v lopa nt lon W t llevi Avenu ; 4. Th d ould th ar a coaaercial zon inc as exi tin aing l -faa i lJ w t of th aubj ct sit ; Th t it h s DOt b n d onstrat d that t b o rigina l in rror ; e1t hav on th for th d v l opa nt of th ubj ct oth r than tha tb land is to b ' • • - ( • • 0 • -4- 7. That it has not been deaonstrated that the property cannot be developed under the present zoning; 8. That there has been no substantial change in the nature of the iaaediate area which would preclude the use of the land under t he present zoning. 9. That the &one classification of R-3 will continue to conserve and stabilize the value of property, prevent undue concentration of population and traffic, secure safety froa fire, danger, noise and other effects which would be detriaental to existing residents, and to proaote the health, eafety, aorals and general welfare of all in accordance with a Coaprehensive Plan. RBCOIOIBMDATIOM Therefore, it is the recoaaendation of the City of Englewood City Planning and Zoning Coaaission to the City Council of the City of Englewood, that the above described property not be rezoned froa R-3, High Density Residential, to B-2, Business as requested hy the applicants in Case Mo. 34-75 . 1976. Upon vote at a aeeting of the Coaaission January 6, Those voting favor of the rezoning : Parker and Jorgeneon. Tboae oppoaed to the rezoning : Brown, Jonea, Pierson, Wade, Saith and Tanguaa. Thoae abstaining : Williaas BY ORDER OF THE CITY PLANNING AND ZONING COIOIISSION. Vic -Cbairaan ' . ' • • - (f • • 0 • IIEIIIORANDUII TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOIIIIENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE : Jan\ary 20, 1976 SUBJECT: Approval and Recommendation of Findings of Fact RECOIOIENDATION: Jones JaOved: Saith seconded: The Findings of Fact on Cases #35-75 and 136-75, the rezoning request filed by Mr. VanHeusen, be approved and rec~ended to City Council. AYES: Smith, Tanguma, Wade, Williaas, Brown, Jones, Jorgenson NAYS: None ABSENT: Parker, Pierson The aotion carried. Respectfully submitted, By Order of the City Planning and Zoning co .. ission. ~~ .. 4= Recording Secretary • • , -• 0 • CITY PLANNING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF CASES #35-75 ) AND #36-75 FINDINGS OF FACT, ) CONCLUSIONS AND RECOMMENDATIONS ) RELATING TO AN APPLICATION TO ) REZONE CBRTA IN AREAS OF 111E ) CITY OF ENGLEWOOD, COLORAIX>, ) PURSUANT TO §22 .3-2 OF 111E COM-) PREHENSIVE ZONING ORDINANCE OF ) THE CITY OF ENGLEWOOD. ) Public Hearings were held in connection with Cases No. 35-75 and No. 36-75 on December 17, 1975, in the City Council Chaabers at the Englewood City Hall. A quoru• of , . the meabership was present, those being: Mr. Brown, Mr. Jones, Mr. Jorgenson, Mr. S.ith and Mr. Tanguma. Those members absent were: Mr . Martin, Mr. Parker, Mrs. Pierson, aDd Mrs. Wade. FINDINGS OF FACT Upon review of the evidence taken in the form of testimony, reports and filed docuaents, the co .. ission aakes the following findings of fact: 1. That proper notice of the Public Hearings to consider th proposed rezoning was given by posting and publishing . 2. Th t the areas which are the subject of the8e pplication ar d scribed as fol lows : a. CASE NO, 35-75 l, f • • • • 0 -2- b. CASE NO. 36-75 Commencing at a point which is the intersection of the centerline of South Elati Street and the center- line of West Ithaca Avenue, thence north along the centerline of South Elati Street to its intersection with the extended north lot line of Lot 26, Block 1, Englewood, thence east along said line to its inter- section with the centerline of the Delaware/Elati alley, thence south along said centerline to its intersection with the centerline of West Ithaca Avenue, thence west to the point of beginning, all in Arapahoe County, Colorado. 3. That the applications for the rezoning of the two above-described areas were filed by William P. VanHeusen through his attorney, Tom L. Eitel, 1016 First National Bank Building, 333 West Hampden Avenue, Englewood, Colorado, and that Mr . VanHeusen has an option to purchase land within the area and aakes the application on behalf of himself and other property owners in the area. 4. That the property described in Case No. 35-75 is now zoned R-3, High Densi ty Residential ; and the property described in Case No. 36-75 is now zoned R-4, Residential- Professional, and that the applicant requests that the property in both of the described areas be zoned B-2, Business . 5. That the land to the north of the subject properties is zoned B-2, Business; to the east and south, the land is zoned R-3 , High Density Residential, and to the west, the land ia zoned 1-1, Light Industrial. The land to the east being the subject of a consideration now before the City Council to rezone the land to B-1, Busin as. 6. That the land describ d in Cas by the following persons: o. 35-75 is owned a. P. E. Voorheis, who own land which is in both the B-2, Busin s District (six lots, except a pare 145ft. x 100ft.), and th R-3, High Density R id nc Di trict (two lots); b. R. L. L w, ho owns t o lots; c. R. B. Caapb 11 wbo o lots. Dr. Caapb 11 built th north of th subj ct property, B-2 District . Th land d th o n rship o th th location of a t t nanta o n o ic n four and on -half dical Buildin to th which buildina ia in th ia ' • • f ' • • -3- 7. That property owners who now or in the past have had land which has been zoned by both R-3, a residential dis- trict and B-2, a business district, have not been able to develop their land as a unit because of the difference in zoning . 8. That the block between U.S. 285 and West Ithaca Avenue on both South Delaware Street and South Elati Street is not of the normal length of the common block within the City, being 400 feet rather than 600 feet long . 9. That a 21-unit apartment structure bas been built on both the east and west sides of South Delaware Street ad- jacent to West Ithaca Avenue, leaving the subject area isolated between the high-density units and the commercial district and, because of minimum lot area requirements in the R-4 District, the subject property could be used only for single-family or medium-density development. 10. The First National Bank Building parking structure which is located on the land included in Case No. 36-75 is a Permitted Use in the R-4 Zon e r.tstrict, but exceed8 the in- tensity of use permitted in that District and would more properly be in a business zone district. 11. That the proposed expansion of the comaercial district would not be in conflict with the Comprehensive Plan. CONCLUSIONS CASE #35-75 1. That proper public notice of the Public Bearing was given. 2. The subject area adjoins the B-2 zoned co.aercial area that foras a part of the trip of coaaercial uses on the south side of West Haapden/U.S. 285; two of the parcels in th subject area are contiguous to B-2 zoned property under the same ownership. 3. Property owner whoa land is both in B-2, Busin ss and R-3 High Den ity Residential Zon Di trict , hav not been abl to d v lop th ir land a th y h d d sir d. W r tb zonin to b approv d as r qu sted, th land could b us d for xpa n ion of co .. rei 1 us frontin on U.S. 285. ' • ' , f • • 0 • -4- ~. The proposed change of zoning would not conflict ' with the Comprehensive Plan. CASE #36-75 1. That proper public notice of the Public Hearing was given. , 2. The present R-4 Zone District includes this property as a "spot" zone aeant to be a buffer area between residential and industrial use zones. The property is now developed as a private parking structure, a use peraitted in both R-4 and B-2 Zone Districts; therefore, there is no longer any reason for this isolated spot of R-4 zoning. 3. The area is adjacent to B-2 zoning on the north end of the block . B-2 Zoning for the subject property would extend this co .. ercial zone south to include all of the east side of South Elati Street in the 3500 block. 4. The proposed change of zoning would not conflict with the Ca.prehensive Plan. RECOIOIENDATION Therefore, it is the reco .. endation of the City of Englewood City Planning and Zoning co .. iasion to the City Council of the City of Englewood that the above deacribed areas be zoned B-2, Business. Upon a vote of the City Planning and Zoning co .. iaaion at a aeeting on Deceaber 17, 1975. Those voting in favor: Brown, Jones, Jorgenaon, Saith and Tanguaa. Thoa voting in opposition: None Thoa absent : Martin, Parker, Pierson and Wad • By Ord r of th City Plannin and Zonin co .. isaion. ~~~ ~.ngur:., Vic -Chairaan . • • • ( f ( • • 0 t• • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION DATE: January 20, 1976 SUBJECT: Approval and Recommendation of Findings of Fact RECOMMENDATION: Brown JBOved: Wade seconded: The Findings of Fact on Case #37-75, Mrs. Mitchell's rezoning request, be approved and reco .. ended to City Council. AYES: Saith, Tanguaa, Wade, Williaas, Brown, Jones, Jorgenson NAYS: None ABSENT : Pierson, Parker The action carried . Respectfully submitted, •. • • ' • • 0 • CITY PLANNING AND ZONING COMMISSION CITY OF ENGLEWOOD, COLORADO IN THE MATTER OF CASE #37-75, ) FINDINGS OF FACT, CONCLUSIONS, ) AND RECOMMENDATIONS RELATING TO ) THE APPLICATION TO REZONE A ) CERT~N AREA OF THE CITY OF ) ENGLEWOOD FROM R-3, HIGH-DENSITY ) RESIDENCE TO B-1, BUSINESS, ) PURSUANT TO §22,3-2 OF THE COM-) PREHENSIVE ZONING ORDINANCE OF ) THE CITY OF ENGLEWOOD, COLORADO, ) A Public Hearing was held in connection with Case No : 37-75, on December 2, 1975, in the City Council Chambers at the Englewood City Hall. A quorum of the City Planning and Zoning Commission was present, those bei~: Mr. Brown, Mr. Jones, Mr. Parker, Mrs. Pic:son, Mr. Smith and Mrs. Wade. Those members of the Commission who were absent were: Mr. Jorgenson, Mr. Martin, and Mr. Tanguma, FINDINGS OF FACT Upon review of the evidence taken in the form of testimony, presentations, reports and filed documents, the Commission makes the following findings of fact: 1 . That proper notice of the meeting to consider the requested rezoning was given by publishing and posting, That the area in question is described as r- • • -2- 3. That the application for rezoning was filed by Mary E. Mitchell, 3565 South Cherokee Street, Englewood, Colorado, who is the owner of Lots 22 and 23, Block 1, Skerritt•s Addition, which property is within the area which is the subject of this application. 4. That other property owners within this area are~ Skerritt•s Addition, Block 5, Second Filing Pearson, Fred T. and Jean F. 3536 South Cherokee Street Englewood, Colorado 80110 Lots 7 -10 York, Jake and Violet 3542 South Cherokee Street Englewood, Colorado 80110 Lots ll ~nd 12 Chumley, Ralph J. 3550 South Cherokee Street Englewood, Colorado 8C 10 Lots 13 -18 Skerritt •s Addition, Block 1 Thorp, Adelbert L. ~ Jessi I 3595 South Cherokee Street Englewood, Colorado 80110 Lots 17 -19 Johnson, Elsie v. 3575 South Cherokee Street Englewood, Colorado 80110 Lots 20 and 21 Starkloff , Dorothy M. Bean, Donald v. 5138 South Perry Llttl ton, Colorado 0120 Lots 24 -26 s. tion baa b That th area which i th subject of thia applica- n zon d for Multi-faally R aid nc Us aince 1955. 6. That th r ia a strip of caa. rcial zonin to th north of th ubj ct ar a which co rclal zonin fronta on U.S. 285. That the area to th ast, south and at of th aubj ct al o zon d for aulti-faaily ua , a1tbougb an ar a to is b ing con id r d for ca.a rcia1 zonin at thia 7. Th ar a hou , on tripl x, on d with a 17-unit aparta nt our in 1 -aai1y r aid nc • , • • .. -3- 8. That some of the property owners are desirous of developing their property or selling their property and, be- cause of the minimum lot area requirements inthe R-3, High Density Zone District, they are of the opinion they cannot do so because their properties are not of the minimum size. 9, The Generalized Land Use Map in the Comprehensive Plan could be interpreted to show a section of commercial developaent between u.s. 285 and West Ithaca Avenue. 10. That the B-1, Business Zone District, does not have a minimua lot area and will not, therefore, restrict the redevelopaent of the land. CONCLUSIONS given. 1. That proper notice of the Public Hearing was 2. That because of minimua lot area re uireaents in the zone district that is now iaposed on the land, any redevelopaent of the area will be liaited to low or medium density residential uses, which is not the proper development for the area because of its proximity to the commercial dis-trict on U.S. 285, 3. That the B-1, Business District will permit the establishment of small businesses in this area, which type of business is a desirable component of the City's coaaercial developaent. 4, That the zone classification of B-1, Business, will conserve and stabilize the value of property in tbe sub-- ject area and will not cause undue concentration of population, traffic or stress upon community utilities and services, and will proaot th health, safety, morals and general welfare of all in accordanc with a comprehensive plan. RECOMKINDATION Therefore, it is th recoaa ndation of th City Planning and Zonin Co isaion to the City Council of th City of En 1 wood that th above d crib d ar a b zoo d B-1, Busin ••· 1976 . Upon vot Thoa votin Mr . Jon a, Mr. Jor and Mrs . Wad • t a m tin of th Coaai ion Janu ry 6, in favor of th r zoni : Mr . Brown, n on, Mr. Park r, Mr . Smith, Mr. T nauaa • I ( • • 0 ,. • Those voting in opposition to the rezoning; llrs. Pierson Those abstaining: Mr. Williams. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION. •. -4- • • -• 0 • Englewood Water and Sewer Board Regular Meeting January 20, 19 76 The meet i ng waa called to order at 5:05 p.m. by Chairman Fullerton. Member s presents Fullerton, Schnackenberg, Hayes, Mann, Taylor, Ullery, and Bab cock Members absents Soveru and Wallace Also present: C.B. Carroll, Jr., Director o! Utilities; Mr. J .. es Geiss i nger , Sp c i al Water Counsel; Mr. Kingman, Representative froa G.A.S.P.; Mr. Bhayan i , Engineer for Rocky Mountain Prestress; and Mr. Hurst, Attorney for Rocky Mountain Prestress. I. New Council memb e r Mann was welcomed to the Board. II. Mr. Carroll introduced Mr. James Geissinger, Special Water Counsel. Mr. Geissinger &ave a br ief summary of his background and of his research into Englewood's water r i ghts to date. Some discussion occured regarding the Ranch Creek agreesaent wi th Denver and AMAX wh ich at present restricts Englewood's sale of water prior to Denver's consent. Mr. Geissinger assured the Board that he would do all within hia power to aee that the City gets fa i r trea~nt in that matter. In conjunction wi th this, Hr. Carroll sa id that negot iations start n xt week w th Denver to enable Englewood to sell surplus raw water to other ci t ies. Hr . Ge is singer departed fro. the meet i ng at 5 :35 p.a. Hr . Carroll i n f ona d th Board that Mr. G i tainger could be invited to any aeet- ln of part icular i~ortance, at the rate of $50 per hour. The Board dec i ded lo 1nvi e h sa aa the ne d ar i a a. Hr . Carroll ask d that th a&enda i tem• IV and VIII be taken out of order since th part 1 i nvolved re pre tent. 1 • R !WAL 0 ACRE WITH CROUNDWATtR APPROPRIATORS OF THE SOUTH PLATTt r . e d th Board on th raw water laaaa agr ant and th n lntro• u~ed n for turth r ex planat ion of C.A.S.P.'a need or raw water. t. d tbat th C ty giv C.A.S .P. a renewal or an indicat on of nt aoon aa poaa l bl on 2,000 a cr feet ot veter. r. n d parted at 5s50 p.a. Duun n t exprea a ed aom hea i tation about a d f· tV. • • ' - • • • 0 I• • -2 ' VIII. TAP-ON AGREEMENT WITH VALLEY SANITATION DISTRICT Hr . Carroll presente d the draft o f an individual tap-on agreement that would allo~ Rocky Mounta in Pr e str ess to get their sanitary sewer service through Valley Sanitation District. The tap would involve an extension o f 300' of 8" line f rom a private line owned by Amer ican Coleman. Hr. Bhayani, their eng i neer, stated that Rocky Mountain Prestress would be responsible for installing and mai nta i n i ng the lin . He also said they already have an OK from th Di strict, subject to the City's approval. The tap-on agreement is a three-way document that delineates responsibil ities to th var i ous parties. Mr. Schnackenberg moved; Hr. Haye s seconded: To approve t he individual tap-on agreement with Rocky Mounta in Prestress contingent on the City Attorney's approval. Th mot ion passed unan i mously. Ill. REN AL OF AGREEMENT WITH A-1 DIVING CO. FOR USE OF McLELLAN RESERVOIR FOR UNDER~ATER RESCUE TRAINING Hr. Carroll gave a brief i ntroduction to the a reement for the new board mem- bers. Hr. Fullerton commented that ther have b en no problems, and Mr. Schnac• kenberg ment i oned the mutual benefita of the agreement. Hr . Taylor ~ved; Ms. Ullery seconded: That th Bo ard recONDend to Counc il ap proval of the Renewal of Agre meat with A·l Diving for use of McLellan R se rvoir for und r water r scue trainina. Th motion passed unan i~u sly. v. Hr . Carroll moved to strike this item roa th aaeoda unt il next .anth wh n h xp e ta furtb r infor..tion. VI. CONSlDERATI OF FUTU Mr. Carroll distributed a trlct. After soa discussion Vall y at r D atrl ct, and 1 it 1 d ci ded to tabl it 11. LATl SHIP WITH VA.Lu:t WATER DISTllCT explalnin th 1ituatlon with Val ley ater Dis- of th relstionah p bet en oale ood and tbe ~l cati • of dit•olutlon of tb diatrlct , VI for Curth r ttudy • ' • , - • • 0 l • • -3- would pre fer that En&lewood officials appear at the State Water Quality Commis- sion Hearing on February 3, 1976 to tell them of the City's intent. Mr. Carroll then referred to the scope of the study and Mr. Sovern's objections at a previous meeting to Ulliting the study only to .-mia and chlorine removal. Hr. Carroll went on to say that another letter was received froa the State saying that $50 ,000 of Federal money had been set aside for a study of ammonia and chlorine removal , and that failure to apply for the grant could result in initiation of enforc-ent action by the Ca.ission, Mr. Carroll added that .ore money was probably available under the grant (up to 75• of the total cost). After exte111ive discussion; Mr . Schnackenberg .oved; Mr. Kayes seconded1 That the Board recaa.end to City Council that they authorize City Staff to attend the February 3, 1976 meeting of the State Water Quality eom.iasiOD and apply for the max~ available funds of the 201 Grant. The motion carried unani.ously. IX. CITY DITCH LICENSE, CH!IlRY HILLS SANITATION DISTRICT Mr. Carroll explained that the Cherry Hills Sanitary Sever Project will require 5 crouings of the City Ditch. The contractor wanta to haYe th-c011pleted before April lat when the ditch opens. After brief discussion; Hr. Schnackeubera moved; Mr. Taylor seconded1 That the City Ditch License with Cherry Hilla Village Sanitation District be signed, eontiugent on the City Attorney's approval. Th motion carried uuani.aualy. X. WATER Pl£SSURl PROIL!HS/FOX/CM!NANGO AREA As a reault of the City Council ~eting of January 19, 1976, thia .. tter -• r !erred to th Wa ter Board for rec ommeudation. r, Kann moved, Mr . Taylor aeeonde d1 To forward excerpts of the City Couucil ainutaa fraa J anuary 19, 1976 to ..-bars of Board aud tabla it-X until the n xt ~•ti of tb Water aad Sewer Board. Th motion c arried unani.ausly. f . • • f • • I • • -4- The next meeting will be changed to Wednesday, February 18, 1976. The meeting adjourned at 6:42 p.m. Respectfully submitted, Jeffrey Shultz Racordiag Secretary • • -• 0 • HEI«)RANDUK TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOfi4ENDATION OF THE ENGLEWOOD WATER AND SEWER BOAJlD DATEs January 20, 1976 SUIJ!CTI RENEWAL OF AGREEMENT WITH A•l DIVING CO. FOil USE OF McLELLAN RESERVOIR FOR UMD!Il.WATER IESCUE TRAINING RICOIM!NDATIOM: That the City Council approve the Ranewal of A&re-nt with A•l Diving for use of McLellan Reaervoir for underwater reacue training. R apectfully aubaittad, ENCL!WOOO WATER AIID SEWU IOAID Attac t fl •. .. • • , ' • , . • ,\ ~ '-1 . \ MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD DATE a January 20, 1976 SUBJECT a SCOPE OF STUDY FOR THI 20 1 FACILITIES PLAN FOR ADDING CKLOIIIIE AND .uttOMIA REMOVAL TO THE WASTEWATER TREATM!II'T PLAIT RECOMMIIIDATlOIIa That City Council autbor iae City Staff to attend tbe ... tina on February 3, 1976 of tbe State Water Quality eo..ission and apply for tbe .. xu... avei lable funds of the 201 Grant. Respectf u l ly subaitted, UGLIVOOD VATU. AND S!Wil IOAlD lya.~~--~,~.~lPlt_r_ue---,~~inMm----------~~~~- 11 .. • • • • 0 • MEMORANDUM TO: Mayor and Members of Englewood City Council FROM: Andy McCown, City Manager DATE: Januaey 28, 1976 SUBJECT: 201 STUDY Late last year, we approached Council with the fact that the cities of Littleton and Englewood had been given number one priority for a Step I Planning grant (201 study) and that we were to have our application in to the Colorado Water Quality Control Commission by no later than Januaey 1, 1976. As we were told at that time, the purported purpose of the 201 study was to review the various alternative methods of ammonia and chlorine removal from the dis- charges at our sewer plant and that the estimated cost of such a study would be approximately $75,000, of which EPA would pay 75% with the two cities picldng up the remainder. At a study session, we reviewed this matter with Council and some concern was expressed that the proposed scope of thestudy was too limited, in particular as to its omtssion of the altemattve of land treatment. The staff was requested to review this further with the appropriate agencies, Since then, staff members from both cities have met several times wlth our current engineers -HDR, th Colorado Department of Health and EPA. We r lved permtaslon for a temporary delay in 1Ubmttt1ng our application until a more deflnltlv auwer waa forthcoming on the scope of work. Our last m tlng resulted in the attached letter from the Commission outltniDg th n tty for the study and tb parameters of tb tudy. • -• 0 • Mayor and Members of Englewood City Council January 28, 1976 -201 STUDY Page 2 t• Also attached to this memorandum is a letter from HDR stating their interest in the job and a recommendation from the Water and Sewer Board, Sincerely, ') 1 1 1 /;);' 1!Ji:t"'._. ANoWc6oWN City Manager AMcC/p Enclosures CC: Chari s Carroll, Dir cto..-"f Utilltle •. • • , -.. • • (I ---• 0 I • - COLOftADO DE,AftTMENT OF HEALTH 4210 EAST 11TH AVENUE · DENVER. COLORADO 80220 ·PHONE 388-61tt Edw ard c. Dreyfue , M.D., M.P.R, Exe cutive Director January 15, 1976 Mr. Gale D. Olristy City Manager of Littleton 2450 West Main Littletoo, Colorado 80120 Mr. Andy McCbwn City Manager of Engl~ 3400 Elati Street EnglellOOd, Colorado SOUO Re : Step I Planniflt Grant , FY-76. Gentlsnen: l L J \/ ~·:: : . ~ - ' .. Reference yoor letter of Decenber 5, 1975, Dr . E. B. Pugsley's reply of Decemer 18 , 1975 , and your ting of January 15, 1976 , wbicb Dr . EArl Bal.kun attend . le ter con! the rarar of Dr. Bt.llo.ln , as you ted : • (• • 0 I• • January 15, 1976 -2 - Mr. Gale D. Otristy City ~tanager of Littleton Mr. Andy Mcfuwn City Manager of Littleton 5. The 201 plan nust discuss and cost out all the alternatives which watid solve any :moonia and chlorine toxicity problans in the discharges. land application is an a l ternative \\bich nust be evaluated in all EPA funded 201 plans. 6. Your eoosulting engineer shCJuld ~rk closely with the lRXX:r engineer \Wx> is preparing the 208 plazt . This will insure that the a18 plan and ywr 201 plan will be in agroEment . 7 . 'Ibe objective of the 201 plan is to achieve the 1983 "goals" for the stream to be a recreational stream. 'Ibe new plant now wder construction will provide for meeting the 1977 standards. This Step I grant is to detennine the best alternative for achiev~ the goal of the South Platte River's be~ a recreatic na.l stream below your discharges. As you !mow, the strmrn is presently r lassified Bt down to Elcposition Avenue. 8. If for any reason you and ycur engineer believe that the aoope of the 201 plan sOOuld be E!lqlQJlded before catpletion, or the grant is inadequate, please se up a meeting with us and the EPA. 'Ibe Cblorado Division of Wildlife (Fis'leries) in Denver and Fort Cbllins shwld be oonsulted by your engineer s ince they can be helpful on such things as anmonia and chlorine toxicity limits. W hav scheduled you at the Jle)ct O:mnlssion ing for 10 :00 A. f. on February 3 , 1976 , in Roan 412 at the a address per your request of Dr . Bal.lo.Jn. look forward to bearin { of your p at that time . ec:: • • • 0 - HENNINGSON DURHAM & RICHARDSON • ENG INEERING · ARCHITECTURE · PLANNING Denver (3031 861-1300 Grand Junction (3031 242 ·1866 Gale Christy, City Manager City of Littleton 2450 W. Main Street Littleton, Colorado 0120 R e: 201 Study Dear Gale and A n dy: January 23, 1976 Andy McCown, City Manager City of Englewood 3400 S. Elati Street Englewood, Colorado 80110 As I advised at our m eting in Englewood on Thursday, Janua ry 15, 1976, we want to pre sent info rm ati on relative to engineering requi red for the sub- ject study. The contemplated 2 01 Facilities Plan Study for the joint cities relating to advanced waste treatment requirements, a'ld disposition of the two existing w aste treatment pl ants is an important study relating to the future of the citie s. We wou ld like to proceed w1th this study; bf addendum to our present contract w ith t h Cities . EPA addscs his is perm1ssible and fu lly in order at this time and is an ob\•iou time •v<•r in moving thit> study a lon g . We f e l it is a logical bee use of our knowlccl«l' of the existhg plants and the Joint-R g iona l Plant 1 ow H\d r con ruction, , a:d incl d th u iy are • The s lee ion,desi nand IJP. ali n of an>·:\\'.' facility will aff ct lh·! op ration and cont rol of the Joint- " 1.,1011 1 Plan nd cr at••.s n ob\'lous n ed fo r inte r ation of~ treatment :. ciliti W a\' d fir p•rsonal intr r st in th proj ct having hau a n UJor p r in d n·lopir c th • "joint r ion conc,.pt of wa<~l w:\t r tr atment :n~ th C1 is. \\'• tnt l 01r woTk to d ;nd workin r lations with yott s t aff I o your compl t o; tisfaction; tha~ is our goal nd ! know of nothtng to the nit r y ton •if r1 q11 11 llfic:ationa of our !1 ,.m, " would ln- 4 {irn of Culp, W an r Culp of 1:1 O<Jrado Hilla, • • - . · • January 23, 1976 Page -2- • • • and wastewater treatment fa cilitie s , reuse applications, and ground water re- charge -including analysis of alte rna ti ve solutions to difficult problems - their reliltive cost, e nvi ronmenta l impact, and overall effectiveness. Our two firms have worked together on previous jobs, and we ha v e a high re- gard for their experti s e relating to advanced waste trea tment. We would use them as a cons ultant to our staff. As a matter of inte r est to you in your planning for this work, be ginning March 1, 1976 the new EPA r u l es will require you to advertise thi s proj ect so that in- tere sted consultants may indica te to you their interest, following which you woulJ inter vi ew firms of you r choice prior to making a selection. Regardless of wh i ch wa y •ou choose to pro P ed, we would like you to know that we are interested in doing this assignment fo r you . Enclosed is material on CWC as well as our fi r m. We will be happy to meet with you along with ewe to discus s the project. Very trul y you rs, HE N INGSON, D RHAM & RICHARDSON , INC. OF COLORADO WLB:s p en c. Executt v \'ic -reaident • . ' • • I • 0 I• • (t MEMOR ANDLJ 1 TO Til LNGLI:.W OD ITY COUNCIL IUGARDlNG RECOMME DATION OFTH -PARK<.,· RECIU:ATIO COMMI SIO (C' • D ATE: cember 11, 1975 SUBJ CT: ll Ill GPO D R ECOMM NDATIO That the pond at ushing Park (a) not be fill d to an d pth (b) that the bank t rraccd and plant d and urmounre bv a SUJtabl wall to prcv nt object from rollin nhill and (c) that the pond be posted a ro rh • ·pc:h of the wat r. By order of th Park R rcatJOn C'ommi ion . ( Re creta y • • • (t (. Andy McCown, City Manager • 0 • INfta.OIIIIICI JW•OI•teUM ..,., \olill iam D. James, Director of Finance ...-r, Cushing Park Pond DA.,. January 16, 1976 I have talked with the insurance company, Commercial Union, regarding the accident at Cushing Park Pond which involved the drowning of a four year old child and a young adult. They feel that the City has absolutely no liability regarding the accident and that, according to the claims adjusters, nothing needs to be done to the pond. Thet feel that the accident occurred merely because it was an unforeseen occurance, and that it may or may not ever happen again. The insurance company feels that any redesign of the pond may not prevent a drowning at a future date, and also that if we take an y ype of action at this time it could possibly endanger the City's case aga i nst the claim . /( )' ...... Will i am James C rector of Finance WO J/kv I • • • , ( • ,_ 0 I• • Commercial Union As urance Companies RECEiVE January 20 , 1976 Mr. William D. J~mes Director of Finance City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Mr. James: Re: Cushing Park DEP T. OF r •ilililC E ENCLEWOO D An inspection was made of the above city park on January 16, 1976 . At the time of this inspection, the pond was completely drained and empty of water. This inspection included the eneral area of the pond, as well as t he playground equipment and the enera l area. The followin recommendations are bein~ offered for our con-sideration. A swin on the west side of the nark has a m1ssin~ bolt in the back rail resulting in this rail bein tilted out of position . Th bolt should be reinstalled and firmly attached. A three tiered concrete and stone section on the northeast aide of the pond presents a fallin hazard of some four to five feet into shallow water and when the pond 1 a drained, o the ground . A hand railin~ should be installed at the top of this e ction to prevent persons fro ace! ently runnin~ or fallin from the top. r oo w re zard nd 1te in aa araetory ohv- ov u~~ ion in th • • - • • 0 • Page 2 Ir we may be or further serv1oe to you in matters or sarety, please do not hesitate to contact our office. ~0~/ ~0.-c'/l'-( -<-"-c'-f <L. R. L. Currens, Mar1ager Pacific-Denver Loss Prevention RLC/mc cc. Pacific-Denver Underwriting Standart and Main 1'1'1le •. ' • • - ( ( • 0 t• - Jj D . MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMMISSION. DATE: January 6, 1976 SUBJECT: Denial of Rezoning Request ACTI ON : Parker moved : Jorgenson seconded : The Planning Commission recommend to City Council the rezoning request filed by Mr . Ma ples for the following described property be approved, the change of zoning be i ng from R-3, High Density Residence, to B-2, Business. An area including all of Lot 6 of Interurban Addition, except the •••t 75 fe t thereof , or an area described more precisely as : Begi nnin at th intersection of the east line extended of Lot 6, I nteru Addition a1 . J the ~.>nterline of West Belleview Avenue • nee soutl, distance of 400 feet; thence west along south line of said lot line a distance of 256 feet ; th nee n orth a distance of 400 fee t to the intersection with tb centerline of West Be ll view Avenu ; th nee east to the point of b ginning. Th vot wa ca lled: AYES : NAYS: ABST AI Jorgen on, Parker Slaith, Tanguma, Wad , Brown, Jones, Pierson William Th Chairman d clar d that th aotion fai d . R p ctfully submitt d, By Ord r of th City Pl nni nd Zonin Commi ion ' • • - STAFF REPORT Page -1- Staff Report Re: • - " . REZONING REQUEST Case #34-75 The rezoning of a 2.18 acre area from R-3, High Density Residence to B-2, Business . Date to be Considered: Decemb r 17, 1975 Name of Applicants: Grady Franklin Maples 22 Viking Drive Englewood, Colorado 80110 Richard Hoffschn id r 4202 Sou th Vrain Denver, , rado 802:l'' Richard Hoff chneid r 4202 South Vrain Denver, Colorado 80236 Rob rt HofJ chn id r 2635 South Eaton Pl Lak wood, Colorado 0227 w Dr1v do 80123 Av nu • ncl d • ( ( • I • STAFF REPORT Page -2- • 0 -I• REZONING REQUEST Case #34-75 Zone District: R-3, High Density Residence District. (The Compre- hensi ve Zoning Map is in the process of being amended to the R-3 classification.) Description of Request: To rezone the property from R-3, High Density Residence to 8-2, Business. The applicants submitted the following attachment with the application: A'M'AC' "C'I-TO APPLl CATfOI~ f'OR REZON ING 300 This pro~rty cons1sts of l acr , having a frontage of approxi tely 117 .74 feet along Dcllcv1ew and a depth of approxJmately 370 feet. Legal t1tle is h ld in th nam of Grady Franklin Maples (75\) and H. R. V nd1ver (25 ). nd view rty cons1st of approxi t~ly l.J cr s, havinq B ll v1 w of 138 .47 fc t and a d pth of pproxi- l res ntly sta•ds 1n th n m of Richard Hoffschn 1d r ff hn Jd r. nd a to t • • ( • STAFF REPORT Page -3- • • I • REZONING REQUEST Case #34-75 This appl~~ation would not disturb this buffer concept for these reasons: 1. Insofar as this particular property (All of Block 6, Interurban Addition, except the West 75 feet thereof) is con- cerned, it is bordered on both its east and its west by commer- cial uses. To its west is a property having approximately 75 foot frontage on Belleview wh ich is operating the business (by right of prior non-conforming use) of an ambulance service. 2. If the present application wer granted, the r..aining proposed R-3 district would still provide nearly 2 blocks of "buffering" between this us and the R-lA d1str1ct to the ,rest . 3. Ou to the topography and pres nt street patterns within this d1strict, the property here involved i rather •isolated," in the ~cn R e that th natural a ce ss to any multi-t .. lly devel- opment of t 11 area to th "outh and southeast uld not be froa Belleview, but would be from eith r Ratf rty or froa Elati. Recommendation from the Del! rtaent of Co-unity Dev lopaent: The staff recommends that the Planning and Zoning Commission disapprove the requ st for the rezoning froa R-3, High Density Residence District to B-2, Business District, under the authority granted to the Comais ion by 122.3-2 of the City of Englewood Compr hensive Zoning Ordinance. This recommendation is based on th findings ~at : 1. The Coaprehensiv Pl n does not proJect further coa- aercial d v lopa nt along West Bellevi w Avenue. 2. The xtension of th coaaercial zoning as proposed ould not b compatibl with existin aingl -faaily u in th ar a to the north and w t of the sub- j ct it . J. It has not be n d aon trat d that th ori inal zoning o th it wa in rror. It h b d trat d that th pro rty cannot pr nt onin a : Z.On d south, • • • ( • • ,._ 0 •• - STAFF REPORT Page -4-REZONING REQUEST Case N34-75 A permit was issued by the Arapahoe County Commissioners for this ambulance service prior to the annexation of the area to the City . Please refer to the attached Vicinity Map. Background of Previous City Action Relating to the Area : This area was annexed to the City on July 4, 1964. Even before the annexation, several meetings were held by the City Council, Planning Commission and staff of the Cit y of Englewood with the property owners in the area to consider the zoning of the land following the annexation of the area to the City. Following the required Public Hearings, an Ordinance, Ordinance N27, Series of 1964 . was adopted zoning the entire area included in the annexation. The subject property was zoned R-3-B, Multi-family Residential. In the meantime, litiga tion was commenced by Harry A. ~ Lillian Daily and Richard H. McQueen against the annexation. Even though a suit had been brought against the City in the annexation action, the City proceeded with the zoning, proceeding on the assuaption that the annexation was valid until the Court fo und it invalid. On Deceab r 14 , 1964, County Judge Naugle ruled the ann xation o th 118 acres involved was void since petitions er passed by En 1 ood of fici als instead of b ing initiated by reaid nts in the ar a and then the Council passed on the corr ctness of tho p ti tions . This was th only objection cons id r d in th ruling , v n though 13 objections had be n rais d • ( • STAFF REPORT Page -5- • 0 REZONING REQUEST Case #34-75 While the disputed area was under Arapahoe County jurisdiction, the Northwest Land and Development Company re- quested the County to change the zoning of the southwest corner of South Broadway and West Belleview Avenue from a County B-5 (Thoroughfare Business) and R-5 (Multi-faaily Residential) to B-3 (Community Business) in order that a K-Mart Store could be constructed . The County Commissioners did re- zone the property over the objections of the City of Littleton and the City of Englewood, to permit the construction of the K-Mart Store, retaining an 80-foot strip of 0 (Open) zoning on the west side of the property, which was to serve as a buffer between the Commercial development and the residential develop-ment to the west. A building permit for the foundation and footings for the K-Mart Store was issued by the County even though the County Zoning was not yet final, and about the saae tiae, the Colorado Supreme Court fuled in favor of the City, returning the land to En glewood. The K-Mart property extended into the area which bad been zoned R-3-B by the City in its previous action, so in 1966, the City initiated the rezoning of Lots 1 and 2, and 3, Ewing Subdivision, and Lot 16, Interurban Addition, froa R-3-B to B-2 in order that the K-Mart Store, coaaenced while the land was in the County, would not be non-conforming. The west 50 feet of the K-Mart property was zoned R-4 (Residential/Professional) to serve as a buffer between the K-Mart Store and the residential property to the west, the subject site. Mr. Maples and Mr. Vandiver applied to the City for the rezoning of this area in 1972, Case #16-75, froa R-3-B to B-2. The Commission recoamended approval of the rezonin however, the Council later denied the rezoning following a Public Hearing. Relationship to the Compr The Comprehensiv bu ines zoning which i Generalized Plan how th ubj ct ar a. nt of Co mmuni Plan : no expan ion of th subj ct ar a. Th y R id ntial u 1980 at of subj ct ait ia d v loped low d nsity. To the w at non•conforain in 1 faaily t w of th aubj t • (~ r • STAFF REPORT Page -6- • 0 REZONING REQUEST Case #34-75 site, the land is zoned R-1-A, Single-family Residential, the most restrictive Zone District in the City. To the north of Belleview, the land is zoned R-1-A from the Cherokee/Delaware alley west to approximately south Inca Street. East of the Cherokee/Delaware alley to South Cherokee Street extended, the land is zoned R-2, Two-family Residential, and east of that is the Carmel Park Subdivision, zoned for Mu~-faaily Residential use and developed with multi-family units. The City has gone on record before the City of Littleton as opposing the creation of a strip co .. ercial zone along Belleview Avenue and, at their request, has tri d to protect the owners of the single-faaily homes, both north and south of Belleview and from any further imposition of co .. ercial develop-ment along Belleview. It is the opinion of th staff that this land can be developed under the pres nt zoning, which developaent would be coapatible with the area . • I • • • • t• • ~1 CU .TI_1 ~~~~~--~ ~==r=~ no~rr~a ,~~~~~--~~~~~~·~==~·-&'~<~~~ - • • • - , • APPLICANT: U-Tote-M 123 E. Belleview • t• • COUNCIL ACTION REQUEST LIQUOR AND J .2 BEER OUTLETS TYPE OF ACTIO N REQUESTED: ).2 Beer License Renewal PO~ICE AN D FBI REPOR S: Enclosed -ij o Cui ::. PRE''l US CITY COU NCIL ACTI O S DURING PRIOR "'WO YEARS, r CW INC ANNUAL RENEWAL: /A CI I S: A •. f . ' • • ' ( • Leroy Melcher william D Leopoldus W A Lankford WA Lankford Jerry Ramsey •• Fairmon t Foods Com pany • 0 - •d • Colorado Denver ,. 2-28-75 May 22, 1962 Denv e r 3708 Inverness, Houston, Texas 1554 S Tucson, Aurora, Colorado 6260 Wi llers way, Houston, T"KdS 6260 Willers Way, Houston , Texaa 13130 e 30th, Aurora, Colorado Omaha, Nebraska 1007. Colorado 7-8-12 1-5-45 3-7-11 l:~j~!6 0 • • - ( ( • • ,. - STATE OF COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION FOR 3 .2% FERMEN TE D MAL T BEVERAGE LICENSES (GET APPROVAL OF LOCAL LICENSING AUTHORIT Y FIRSTI DO NO T WitHE IN THIS SPACE Mlfl!t,(II;N:.., AttP~r At 0110 AI II((N!J.lNQ AUTI"fO II ITY If' •rc •fD \fNO tOl IIC•AOO [)fPAI!IN~(NT 0. lrt .~N ,[ SUfi "' 10. 4N ... • t 1)~5 S111 V ....... 'a Df .... ,. <0.0 •• _-J J r" T I ,wj I. r· 1~.) l ll l ,., LJ :.;;. 1 £_, E 'rLL Vtf:'>~ L'l >Lti ,-UU .J C·J ., J I I 'J I CERTIF Y TH AT THEilE ARE NO CHANGES TO MY OIIIGINAl A'PliCATION EX CEP T CH AN GE OF MANAGEII , TIIAOE NAME OR COIIPOIIA TE STIIUCTUIIE . liQUOR ENFORCE MEN T OF FIC ER 'S AC TIO N APPROVED DISAPPROVED SIGNATUIE UJ ,D o ~ .... ~ d F THERE IS A CHA NGE IN OWNERSHIP DO NOT USE THIS FORM USE AN ORIGINAl APPliCATiON .) IMPORTANT MANAGER S NAME J e rry Rama e y SEE INSTRUCTIONS ON THE REVERSE SIDE IF APPLICANT IS A CORPORA TION FILL IN REVERSE SIDE NEW TRADE NAME RENEWAl APPLICATION FOR 3 2~ FERMENTED MAlT 8EV(RAGE liCENSE FOR THE YEAR ENDING L 1-J. 1 ;,Uu--..' l l u .; .>41 1 3 ,, •• 7 l' TYPE NAME AND DESC II IPTION Of liCENSE J J . 2 t> •• c.t • 1 1., 1 ' •·. -r A 'L 1 H L , ~ ---. MAKE CHECK OR MONEY ORDER PAYABLE TO THE COLORADO DEPA RTMENT Of REVENUE ' . . TOTA l FEE (S) FEE C it Y ., toR • d.! J\P t-Ft- '"• lollo~·"t o+f·do··• to be •oo-..1 o•d o<<"'wi<d~ br .nd,.,dwol and .. <h .,.,.boo ol portno•oh·P' ond br <O<j)O<oloon•· II opplo<ot-on • I<>< oMport., • ~'"'"" .... , ""'• ol bw"""" •K•donc• ) SlATE Of COtOIAOO C "'Y o f De n v er t s I "" ... r"'o~ hit \ <OI'fOt"' to oft .. . ( I • D .... lR " ~ lliam D L opoldu1 Vice Prelidcnt .. ,..... ... ' ..._ f'O t toct 1\ O l'l g lf'IOI cpplte:at.o" o~ of wA "0~ one' t-e o re.t to CON ECIIOU 1'<£ EW!TH Al' Ak AH Mf-..Al:l"\ Of PUr US.. l'ttt, \IC't Of (0, .. II I'OIIT AI D A,IIOVAL Of lOC AL UCf .SI I G AUT MOII ITY .J • ._. .. ,,. A D If ,, -... ' • • - (( • • 0 I • • II f:. I· 0 R A " lJ U '1 TO : Di r 0ct o r of rindnce en i e t "obe rt HoI mes OAT : Januar, 27 , 1~7u ~I.Jd JL LT : LIQUOR OUl Ll .T CALLS -u-TOTE-M , 1 f'lea:.u be advised tho:~ P(.•ficc 11:! Jrt nt has receive. the liq or li~..ens at tt1u at.. •t! HStablish nt during T ez ... f:.. ~Ell fl .. 00(. rnin g • • , • Andy McCown, City Manager • 0 • INTIIoOPPICI MIUOUNDUM ~ William D. James and Kells Waggoner , . DATI: January 29, 1976 ~. North Central Englewood Basin -Phase II, Storm Drainage Bids Bids were received on January 28, 1976 at 2:00 p.m. for North Central Englewood Basin-Phase II, Storm Drainage (North Central II). A total of nine (9) bids were received (see attached report). Western Paving Construction Company submitted the low bid in the amount of $496,493.27. Sellards and Grigg Inc., the City's consulting engineer firm, have reviewed the bid from Western Paving Construction Company and could find no deviation from the specifications and contract documents. The total estimated construction cost and design cost for the project are: Construction Cost Construction Contingencies (3 %) Design Fees Construction Management & Observation $496,493.27 14,895.00 40,000.00 30,COO.OO Total Project Cost $581,388.27 Amount Budgeted -Public Improvement Fund $583,500 Engineering Estimate for Total Project -$586,800 Engineering Construction Estimate -$506,658.75 Therefore, we recommend that Western Paving Construction Company be awarded the bid for North Central Englewood Basin -Phase II, Storm Drainage in the amount of $496,493.27. ;./~· -aP{l. Wflliam D. J ~ Director of Finance ~.~--- Director of Public Wor s • CONSULTING £NGIN[£~5 • - SELLARDS & GRIGG , INC. 854S W COLFAX • SUITE 4 • SOU IRE PLAZ" L"kEWOOD . CDLO~AOO 80215 138 IS73 ,_ Members of the City Council City o Englewood 3400 South Elati Street nqlewood, Colorado 80110 Re: North Central Fnqlewood Basin-Pha~e r Storm Drainaqe Project S&r. No . 75006-42 Dear Council Member s: Bids were received on the North Central Fnqlewood Basin-Pha se I project on January 28, 1976. We have reviewed the bids and feel they are all in order. Two of the nine ids rec iv~d w r ~ below the engineer's estimate with the low bidder beinq almo~t exactly wo percent below t~e estimate. t is our r commendation to the City Council hat you award h~ con rae to he low bidder, Western Pavinq Constr ction Company, for their id prices. t'le have ad the opportunity to work with West rn Pavinq wh P n they have beeh subcontractors for pavement replac Men on previou Sellards and Grigq, Inc. projects. They have hee qood to work with and we t 1 their work has been of qood quali v. Our os r cent xp rience was thejr re ave~ nt of Fed~ra1 and 8o Mar Storm Drainage Basins Pro ec as a subcontractor to craon Construction, Inc . I heir tinanci 1 position wi th ir bonding aqen . h they have a total bondinq capaci y of ahou for y ~illion o11ara and are w 11 h.-tow u capaci " Th insurance ompany which und rwr1 of h~ir insurance as a Best' Policy and Rea 'a Pin ncia1 Ra ino of AAAAA. Pavirtq maintains h ir loc 1 ofti e t 5105 ashinq or s , n.-n r. w l oo~ forward o r inq with por ion of h Enql wood orm dr TAY/c • w on r an<! compt i nq no h r n,. wor}·. • • • C ONSU L T I NG f:NCJ I NI:I!:ItS SELLARDS & GRIGG, INC . ISU W COU A lt • SUIT ( 4 • SOUIIH l'l A ZA U U :UWO OO COlO IIA OO 215 231 I 1l J ob No : S&r. 75006-42 J ob Ti t l e: North Central En glewood Basfn -Phase II , Sto nm Ora 1n aqe Pro 1ec Owner : City of Englewood Enqfneer : Sellards & Gri g, Inc ., L a k ~. Colorado Bid Opening : 2:00 P.M.,January 28, 1976 Bids Certified by Engineer January 29, 1976 BID S~RY SHEET !!M!!. 1. Western Paving Construction Co . 2. Pascal Construction Co.p~ny 3. Bi nder Construction Co.p~ny 4. Holsu Concrete Products C011pany 5. CPL Constructors, Inc. 6, Watts Bros., Inc. 7. Burdick Contractors, Inc. 8. Orfei and Sons, Inc . 9. Hartin K. Eby Const. Co . Inc. to . ______________________________________ _ 11. _______________________________ _ 12 ·---------------------------------- Engineers Estiute • Allo unt corrected by Engineer Amount s 496,493.27 497,122 .70 523,991.40 538,155.00 541,584.8 9 *54 6 ,746 .3 5 582 ,003.50 601,947 .12 695,096.05 ( l • • • lNTROOOCED A5 A Bill BY COONCIIMAN WilliAMS BY AlffiiORITY ORDINAOCE -oo.i._, SERIES 1976 AN ORDINANCE REPEALING SECriOOS 1 lliROOffi 9, rnAPTER 11, TITI..E V, OF 1ltE '69 E.M.C., ABOLISHING niE ENGLEWOOD POLICE CADET TRAINING PROGRAM. WHEREAS, the City Council previously had established a Police Cadet Training Program for the City of Englewood, consisting of part-time em- ployees to provide trained personnel for recruitment into regular police work, reduce costs of park police duty, and provide a twenty-four hour daily watch office at the Police Building, as well as serve MUnicipal Court process; and WHEREAS, said Cadet Training Program has failed to achieve the ob- jective which was originally intended; 1'0', niEREFOR' , BE IT ORMINFTl IW ntE CITY COH:IL OF ntE CITY OF ENGI...a«Xl>, COLORAOO, AS FOLI.()tiS: Section 1. Sections 1 through 9, Chapter 11, Title V of the '69 E.M.C. hereby are expressly repealed. Section Z. QtAPTER11 ENGLE\'IOOD POLICE CADET TRAINING PROGRAM (REPFALED) That all ordinaoces, or parts of ordinances in conflict herewith, hereby are expre ly repealed. Introduced, read in full and passed on first reading on th 19th day of January, 1976. ad b itl 19 6. Bill for an Ordinance on the __ day of January, 1976. p ed on f 1 r ad in on the 2nd day of bruary, inan . _, Series of 1976, on th _ ' • • • • 0 • ATI'EST: EX OFFICIO clrr ctOO< -1REASORER I, William D. James, do hereby certify that the above and foregoing is a true, accurate and CaJt>lete copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 1976 . EX OFFICIO CI'IY CLERK-'fREASURER • 2 - •. ' • • , - • • 0 I• • INTROIXJCED AS A BILL BY COUNCIIJ.lAN CLAYTON BY Al1IHORITY ORDINANCE • .£ , SERIFS OF 1976 A!. ORDI . E I. 'G SUBSECTTCN (a) OF SECfiO.' 9 , OiAPTER 6, TITLE V OF 1HE 1969 E.M.C. BY ABOLISHING mE CLASS TITLE OF 'DETECTIVE' Ai'ID I LAB TECHNI IAN' mE LICE DEPARTMENT SALARY SCHEilJLE. WHEREAS, Section 5-5-1 of the Official City Code provides as follows: and; 5-5-1 CLASSIFICATI ON PLAN (a) The Board sh 11 survey he job duties and responsibilities of each classihed pos1t1on W1th the city, and shall, ased upon such survey, as ign each such position to a job class to th end that all position within the city which involve substantially th s kmds and level of duties and re- spon 1bil1ties shall hf> "SS igned to the same job class, shall bear he s descriptive title, and shall be su )ect o the same quali fica non requirements, the s test of competence and the same grade pay. Th initial classifica- tion plan shall be reVl ed by the Board fran time to time as changing conditions requir , upon recarmcndation of the appointing authority. Such rev1sions may consist of the addition, abolishment, con olidation, division, or amend- ment of existing cla scs. (1962 Code, Sec. 6.6-11; Ord • . 26, c. 6.2 -3, nes 1969) l'I'HEREAS, on January 15, 1976, th Bo rd of career rvice 1on r , upon th r ndatlon of the appointing authority, and ed upon It c:urvey, bolished he cl title of 'Detective' and 'Lab Tech- mclan' within the Pollee p r t of th City; and pr VlOUSly pcLlfl d, h r pon·ibilitl o f 'Poll re u. o n cilY , T tl V o t 1 • • • t• • 5-6-9: SALARIES FOR POLICE DEPARTMENT CLASSIFICATIONS (a) Classified positions of he Pollee Department are hereby classified within the salary and wage schedule set forth below: Rank M:mthly Salary Pollee Officer Fourth Class ..........••.....•.• $ 877.00 Police Officer Third Class..................... 979.00 Police Officer Second Class.................... 1,064.00 Police Officer First Class..................... 1,134.00 -Beteetive-&ftd -hae-Teeftftiei&ft<<<<<<<<<<<•<••••<•---1;228,99- Sergean . . . . . . . . . • . . . . . . . . . . . . . . • . . . . . . . • . . . . . . 1,345.00 Lleutenant............................... •. . . . . 1,481.00 Captain............. . . . . . . . . . . . . . . . . . . • . . . . . . . . 1,64 7. 00 ction 2. Th t all ordinances nd parts of ordinances in conflict herewith are hereby expressly repe led. Introduced, read in full and passed on first reading on the 19th day of January , 1976. s a Bill for an Ordinance on the day of January, Read by title and passed on final reading on the 2nd day of Fe ru- ary, 1976. Pu lished by titl as Ordinanc No. __ , Series of 1976, on the __ day of February, 1976. MAYOR ' - • • • L.A W O F'"F'"IC£5 CRISWELL. PATTERSON & BALLANTINE .IO,..N A, CAIIi.,.,.I:LL C"~y PATt(M50N BLV("L'I" N . e •L.LANTINI: ..IO ... N N. MC H 4!1o01 lro AA, _, ... .JOHN L MYL.I:. MID-10RANDU1-\ January 30, 1976 3780 SOUTH BRO A DWAY l:N G LCWOOO, COLORADO 80 I I 0 TELEPHONE: t 303 761 •0800 To: t1ayor, Z.1embers of City Council, City Hanager and City Attorney From: John A. Criswell, counsel for Englewood Police Benefit Association Subject: Abolition of Detective Classification Gentlemen: As you know, the Englewood Career Service Commission has recently recommended to City Council that the "Detective" class- i fication within the Police Department be abolished and that the present employees of the Police Department who are classi- fi e d as Detectives have their pay "red-lined". Pursuant to this recommendation, Council, on January 19, 197 6 , i ntroduced a bill for an ordinance accomplishing the abol- ition of this classification. As is evidenced by the letter to the Englewood City Council, fro m H rbert R . Hosanna, Chairman of the Englewood Caree r Service Commission, t h e Career Service Commission's recommend a tion was based u pon the proposition that the present Dete ctives ' sa laries wo u ld b maintained at the s ame dollar amount difference b e tween the~ lv s and Patrolmen Firs t C lass , "until such t ime as they my be promoted or otherwis e vaca t e t he pos iti on." position of th 0 t ctive , A ociation , so th Council upon ny pos ible misund r t nd- ( • • l!ayor, r:embers of City Council, City l!anager and City l\ttorney January 30, 1976 Page 2 The position of the organization and of the employees in- volved , is as follows: 1. From a purely legal point of view, there could be some 1 gal questions raised as to whether Council could, considering the collective bargaining charter amendment and the ordinance adopted by City Council pursuant thereto, as to to~hether Council could, without going through the negotiation procedure and the impasse resolution procedure set forth by those charter and ordi- nance provisions, abolish any classification. However , disregard- ing any possible legal rights which they may have, both the pre- sent De tectives within the Police Department, as well as the Englewood Police Benefit Association, as a group, have no desire to cause any problems with respect to this issue, at this time. From a very practical standpoint, personnel in the Englewood Police Department are of the view that the new Chief should be allowed to "reorganize" the Department in a manner which would be consistent with his views as to the proper organization of the Department. In addition, the employees of the Police Department, having consulted with the new Chief, agree that there may be cer- tain advantages to the "reorganization", as proposed by the Chief. Therefore, assuming that there are no other legal problems which arise, neither the Detectives involved, nor the Englewood Police Benefit Association, have any objections to the adoption by City Council of the pending ordinance, which would have the effec t of abolishing the classification of "Detective". 2. On the other hand, n ither the individual Detectives involved, nor the Englewood Police Benefit Association, as a group, has ver agre d that the sa lary differential b twe n the p res nt Detectives and thos mployees classified as Patrolmen First Cl ss, could b abolish d or reduced. Sp cifically, neither th D t ctiv s nor th organiz tion h v ev r agr d to the plan propos d to City Council by the City Ma n g r. ' -... • ( • • Hayor, Hembers of City Council, City !,tanager and City Attorney referring to personalized rates of pay. I• January 30, 1976 Page 3 3. In any event, as counsel for the Englewood Police Bene- fit Association, I simply cannot read the charter amendment in- volved, or the provisions of the ordinance adopted by Council pursuant to that charter amendment, to mean anything other than that the wages of an employee of the City of Englewood, represented by a labor organization pursuant to the charter, are , and must be, the subject of negotiations between the City administration and that employee organization. If no agreement can be reached between the parties, then, under the charter, this "impasse" must be referred to the Career Service Commission for recommendation and, ultimately, to a vote of the people. nothing \vithin this charter amendment purports to, or does, authorize either the City l·lanager or the other members of the City administration, or even City Council , to affect the wages of any e~ployee represented by an employee organization, unless and until the provisions of the charter and ordinance relating to wage negotiations, and impasse resolution, are complied with. 4. Consequently, it is the vie\v of the undersigned, and the position both of the employees involved and of the Englewood Police Benefit Association, that the ~doption of the ordinance presently pending before Council shall have no affect upon any employees 'wages and that the subject of how the abolition of the Detective classification will effect the salaries of the present Detectives is a matter which can be resolved through, but only through, negotiations between the City and the bargaining repre- sentative of those employees. In short, it is simply inaccurate to state that ei her the 0 tectives or the Englewood Pol1ce Benefit Association have agreed upon any salary differential schedule. The individuals \vho are pre ently classified as Detectives, if Council adopts the pending bill for an ordinance abolishing that classification, will continu to rcceiv the s lary which they are presently rec iving and wh ther th salary differential betw en thes individuals and oth r Patrolmen First Class will, or will not, be reduced in the futur , is a matter which must be handled, and resolved, pursuant to th ch rt r and ordin nc provisions rel ting o he det rmin - ion of City mploy a• sal ries. Th und rsign d presentingthis 1 tter to Council so th t po ition of the mploy s nd of the mploy org niz tion r p res nt1ng th , 1 m de cl nd so th t Council m y b ad- in our opinion, doption ot th p nding bill for h ll not, by na, autom tically dopt the • • 0 • tlayor, Nembers of City Council City !1anager, and City Attorney January 30, 1976 Page 4 scheduled decrease in salary differentials, described by the City I1anager to Council. Neither the Detectives nor the organization have agreed to this schedule and whether such an agreement shall, in the future, be reached, or not, will be a matter which must be handled through the negotiations and impasse resolution pro- cedures adopted by the charter. JAC:clm cc: Englewood Police Benefit Association -~ Criswell •. • • • 0 • r UITROIXJCED AS A Bill. BY COUNCIIJ.lAN. __ ~:......:...~~=------------ A BILL FOR AN ORDINAI'CE REZ~ING A CERTAIN PARCEL OF LAND WITHIN 1HE CITY OF FNGLE- \IOJD, ARAPAOOE COONI'Y, STATE OF COLORADO, FR<J.! R.-1-A SINGLE-FAMILY RESI - DENCE, TO R.-1-C SINGLE-FAMILY RESIDENCE DISTRICT, AND AMENDING 1HE OFFI- CIAL ZONING MAP ACCORDINGLY. WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Ordinance, a Public Hearing was held before the City Planning and Zoning Commission on January 6, 1976, to rezone a certain parcel of land within the city from R-1-A Single-Family Residence District, to R.-1-C Single-Family Residence District; and WHEREAS, said Planning and Zoning Commission has considered the proposed amendment and map change, but has sulni. tted its tmfavorable recommendation to the City Council therefor; and WHEREAS, pursuant to Section 22.3 of the Conq>rehensive Zoning Ordinance a Public Hearing was held before the City Council on -,......----.---to rezone said parcel according to the above aesig- nation; ana • WHEREAS, public necessity, coovenience, health, safety, the general welfare and good zooing practice justify the proposed amend - ment to the said Official Zoning Map, as hereinafter set forth. ' • tioo 1 BE IT ORDAINED BY 1HE CITY CUOCIL OF 1HE CITY ,AS~: Th foll ing de cribed property hall be rezoned from R-1-A Sin le -F ly Re iden e District to R-1 -C, Single -Family Re id n D1 tn c : 0 Clty o , Color l r Y •. • • - , • • 0 t• • r Introduced, read in full and passed en first reading on the 2nd day of February, 1976. Published as a Bill for an Ordinance on the day of February, 1976. -- MAYOR A TrEST: EX OFFICIO CITY CLF.RK-TREASORER 1, William D. James, do hereby certify that the above and foregoing is a true, accurate and conplete copy of a Bill for an Ordinance, intro- duced, read in full, and passed on first reading on the day of Febru- ary , 1976. -- EX OFFICIO em CLERK-TREI\SORF.R •. • • .. • • • 0 •• - r RESOLliTl ()\1 NO.__L, SERIES OF 1976 A RESOL liTl()\1 DENYING THE APPLICATION OF THE LI~R BARN, LID ., A COLORADO CORPORATION , TO SELL MALT, Vli'UJS AND SPIRITOUS LIQJORS IN SEALED CONTAINERS NOT TO BE C<l-iSUMED AT THE PLACE WHERE SOLD, TO BE LOCATED AT 4415 SOUIH BRQAI)\'AY, ENGLE:WX>D, COLORAOO. WHEREAS, the Liquor Barn, Ltd., a Colorado corporation, has heretofore made application pursuant to the provisions of Title 12, Article 47, Co lorado Revised Statutes of 1973, as Amended, _,J . !J(IV . for the issuance of a Retail Liquor Store License to sell malt, vinou s and spiritous liquors in sealed containers to be consumed off the premises, to be located at 4415 South Broadway, Englewood, Colorado; and WHEREAS, notice of said application and notice of public hear- ing thereon have been properly given, and the public hearing upon said application was properly conducted on the 5th day of January, 1976, before the Ci ty Council of the City of Englewood, as the local licensing authority, and all procedural requirements of the statute having b n complied wi th; 'M:.RL RE , BE IT RESOLVFD BY THE CITY COONCIL OF niE CITY , C LORAOO, AS FOLLOWS: has d upon the appli t ion of the said Liquor Barn, Ltd., and th e 1den · and infonnation adduced at the public hearing upon s id pplil t1on, the C1ty Counc1l of the Ci ty of Englewood does h reby d p th ollo m fmdin and c onclusions: 1. the pplic ant by ~Slll&ll<:e of th r tail tor t Zl ear of and in th neighborhood, • 1 • • • • 0 • r 3. That, at the hearing several individuals ap- peared, including the applicants, to testify a s t o the desires of the inhabitants of the neighborhood, making special emphasis to the effect that it was difficult to purchase pack - age liquor in the neighborhood area after ap- approximately 9:00 o'clock P.M. because both exis ting liquor-licensed drug store outlets nearby close their businesses at about that time. 4. That two individuals appeared to object to the issuance of the license. One witness, who is not a resident, owner or manager of business in the neighborhood, was permitted to testify after counsel for the applicant was advised that the party was not a party in interest 5 . 6 . ., , . as defined by the s tatute. A portion of said witne s's testimony ~s received; the witness ma intained that there were already too many l1censes for the sale of alcoholic beverages wi hin the city. 1'wo other witnesses appeared t o oppose the license, both of whan wer man- r · o r operators of liquor stores within the Their t stimony was, essentially, that area was adequately being served by the i tmg outlets. t there ~er no petitions in opposition to 1 uanc o aid licen e. • 2 - , ____________________ -------------~ •. ' • • I • • • • ,.. NOW, TiiEREFORE, 1HE CITY COUNCIL OF lliE CITY OF ENGLm«X)D CONC LUDES AND RESOLVES AS FOLLOWS: That the applicant has not shown, nor does the Council find from th record and the hearing, that the reasonable needs of the neighborhood are not adequately being served by the existing simi- lar outlets fo r the sale of alcoholic beverages by the package. BE IT FURTiiER RESOLVED, that the application of the Liquor Barn , Ltd., for the issuance of a Retail Liquor Store License, to be located at 4415 South Broadway, Colorado, should be and is hereby denied. ADOPTED AND APPROVED this 2nd day of February, 1976. MAYOR ATTEST : EX OFFICIO CITY CLERK-TRMSURER D. James, Ex Offi 10 Ci t y Clerk -Treasurer of the City , Colorado, do h reby certify that the bove and foregoina , ccu rat and c 1 te copy of Re olution No . __ , Series of ' • • I • 0 • TO: MAYOR PRO 'ffi.t DAVID CLA.Y'I'OO AND MEMBERS OF COUNCIL FR(}.{: BERNARD V. BERARDINI, CITY ATI'ORNEY DATE: JANUARY 21, 1976 RE: VACATIOO PLANS Mrs. Berardini and I will be leaving for a two -week vacation starting February 2 of next month and returning to Englewood the weekend of the 14th. If any urgent legal problems arise, please contact either Mr. Rick DeWitt or Mr . Leo Clark. Mr. DeWitt will be present at the cot..ncil meeting of Febru - ary 2. At this writing I am tmcertain whether we can staff the second meeting of February 9th, inasruc.h as Mr. DeWitt will be hospitalized briefly on that date. Please advise if you f there might be a problem with · office available February 9. c • • • • • ,. . • r January 26, 1976 1325 South Colorado Boulevard Denver, Colorado 80222 303 /759 1000 Mr. Andy McCown, City Manager City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Mr. McCown: The Regional Transportation District {RTD) is acqu1r1ng new equip nt and facilities to provide more reliable and more efficient bus transit service. A c :··:al grant application is currently in preparation for $39 million for the various programs noted on the enclosure. Significant items to your community inc ud bike racks, bus passenger shelters, and roadway improvements. 20. n o ch w1t you to coord1nate this furth r. J .... I • . ' • • - { • • (• • ESTIMATED PRO JEC T BUDGET Regional Transportation District Denver, Colorado Project Budget Line Item Code 10.08.01 10.11.00 10.03.0 2 10 .02.01 10.08.01 10.12.00 10.03.02 10.02.01 10.06.00 10 .11.00 10.0 .02 10 .01.43 Description Design development of bus maintena nce and storage facility for Boulder operations Amount $ 188,000 Construction of bus ma intenance and storage 2,950,000 facility for Boulder operations Purchase of tools and equipment for Boulder 1,481,398 maintenance and storage facility Support vehicles for Boulder operations 63,100 including service truck, sweeper truck, 20 yard compactor, 2-3/4 ton pickup and dump truck with plow. Design developmen f r remodeling and 253,236 renovation of Alameda maintenance and storage faci 1 i ty. Remodeling and renovat i on of Al amed a 3,957,364 maintenance and storage facility Purchase of tools and equipment for Alameda 1 119,682 maintenance and storaoe factlity Support vehicles fo r Alameda opera tons 231,200 including 8 su~ rv isory vehtcle s, 2 special servi ce tru e s, 1 heavy duty r c er , 2 du,p trues wi h no~ Pl01, 2-20 yard co ac to rs, 4-3/4 ton pic ups, 2 s r;ic r~~ S, $~~'E ·-~ :~J :f, ~ 4 ~~.~;r :, _r: ; i•e=:~r :rw: Purchase of land or Lon faci 1 ity .. tonstruct on o bus Lon nt op ra Ions se of tool and nanc ac ilt ty nt nanc in tenance en ty for for Lon nt Purct s o 40 1u tz d u s 60,000 . . 200,000 5,000 2,400,000 •. • • • ( • 10.01.6 5 10.01 .07 10 .01.31 10.04.01 10.09.00 10.09.01 10.08.01 10.09.03 10.06.40 10.11.40 10.1 .00 10.11.40 • 10.09.01 10.11 .40 10.14 .00 10.1 .00 • 0 ,. - -2 - Purchase of 110 trans it buses 7,150,000 Purchase of 10 suburban buses 700,000 Purchase of 12 special purpose buses that are 380,000 currently be1ng l eased for elderly and handi- capped serv1ce Purchase of 234 cur ain asse mblies to replace 119,028 destination signs on buses presentl y owned by the District Purchase of bicycle storage facilities for 30 ,000 Bike-n-Ride sites Purchase and installation of 200 passenger 940,000 waiting shelters Technical assistance to incorporate RUCUS 150 ,000 into th e MIS system Purchase and installation of redesigned sign 292,320 and pole units for bus stops Purchase of land for 7 Park-n-Ride sites 6,44 0,000 Construction of par~·n~ fa cili ties and amenities at Par -n-f 1de site.. 2,1 00 ,000 Ramp improvements fo;-priority treatments 10 5,000 fo r buses on 1-25 at 4th Avenue, 104th Avenue, U.S. Hig wa J6, Hampden Avenue and Broacll ay Im rov nt of s all r gional Park-n-Ride 300,000 facilitie s at Conif r, Parker, Evergreen and Table l·'i..:s lo in Bou lder Oev lopm nt of Boulder transfer facil ly 200,000 area or c ntralizlng of Den er/Bould r and Bould r City connec 1ons s enn r shel er and o r Boulder Transfer nt pro ram at tions ,hlch wlll prov de 1at1on of urns 50,000 225,000 120,0 0 ,_ • • , • -•. • -3 - 10.02 .08 Purchase of 157 mobile bus radios 345,400 10.02.04 Purchase of 74 reg1 s tering f areboxes 236,800 10.0<1.01 Purcha se of major spare unit as semblies 370,200 10.16.00 Administrative costs for implementing and monitoring total project. 876,055 32.00.00 Contingency ( 15 %) 5!111,817 ESTIMATED GROSS PROJECT COST $ 39,190,600 41.00.00 Deduct Revenue Financing (85,500) ESTIMATED NET PROJECT COST $ 39,1051100 UMTA Grant $ 31,284,080 local Share $ 7,821,020 Federal Cash Drawdo~n Schedule FY197. -1st Q<.~arter $ 5,597,298 FY1977 -2nd Quarter 4,571 .028 FY1977 -3rd Quarter FY1977 -4th Quarter 3,650,43 2 6,551,160 FY1978 FY1979 8,981,396 11932.766 Total $31.284,030 • • I ( • ( • • 0 ,. - Andy McCown, City ~anager INiE~-OFFICE t.VMORANDUM F R O ~ William D. James, Director of F"na ce DATI: January 29 , 1976 On f·~arch 1, 1975, the City of Engle~>.ood issued $1,550,000 of sewer revenue bonds for a portion of he construction cost of the Bi-Cfty 1\ast l~ater Treatment Plant. I have discussed t e po~si il i ty of refunding the bond issue with ~Ja lt Imhoff of Han if en, Im of f & Samford, the fiscal advisor. A his time we feel tha t the grea est savings to he City can be realized y refunding the sewer r venue bonds on ~arc 1 , 197 6 . Th i s is due to the following factors: 1. Current interest rates. 2. Favorable economic conditions. 3. The amo unt of outstanding interest on the present bo nds . According to he analysis done by Mr. Imhoff's office, t he City should save 15%+ by refunding the bonds, or approximately 146,482.50. Tim i ng is critical fn order to insure the mos t effective sa 1ngs to the City. I respectfully request that this it be i ncluded for Counci l cons idera- ion a he F bruary 2, 1976 meeting. ~r. I~ off will e available to attend the Council Wor ession on fp ruary 2, 197 to answer any questions regarding his atter . u4-:.TtP~- f llla111 D. Jarn s 01r ctor of finance ~ J/ •. ' • , • D As o • ... • 70 ,000 .00 75 ,000 .00 :;, Ul • 00 5 ,("0 .00 ,I J' • f\0 100,000.00 110,000.00 110.11 o.oo 125, 130, 135,000.00 145,000.00 1 55, 01,0. 00 , I 0 . 00 I, 51 5.50 5.50 5 .50 5 .50 s.so 5 .50 5 .50 5 .50 5 .50 5.30 5 .4 5 5 .60 5.75 5 .90 • 00 Optiona11J-1-84@ 100 $1, 51(,, 000 CITY OF ENGLEWOOI>, COLOPADO SEWI::R Rbvi.NUE PF:f'UNDING BONDS DA1ED MARCH I, 197 Bonds Interest (3-1 & 9-1) $ 42. 131.2 5 0,412.50 7(,287 .50 71,887 .50 7,212 .50 2 ,537.50 57,312 .50 51,8 12.5 0 45,762. so 39,712.50 33 , 087. 50 26,002.50 1 8 ,442. 50 10,1 05 .00 960 .00 $683,666.25 Yearly Pd.ymcnt $ 1 12,131.2!> 1 55,412.50 1St 7.50 156,8;;7 .50 1 52 ,212 .50 157,537 .50 1 57 ,312.50 1 6 1,8 12.50 155,7 62 .50 16<;, 7 12.50 1 6-,J87 .50 1 61 ,002.50 1 63 ,442.50 1 65 ,1 05 .00 1 6 ,960 .00 $2,199,666 .25 Comparison P r i ncipal $1 ,550,000 .00 1,51&,000 .00 $ (34, 000. 00) Interest $796,148.75 683 ,666 .25 $(112, 482. 50) 1 r<.scnt DLb $ 110,628.75 15 7,357 .50 158,157.50 15", 657 . 50 154,157.50 1 54 ,657 .50 159,876 .25 159,532 .50 1 58 ,907 .50 1 63 ,001.25 1 6 1,532 .50 1 64 ,452 .50 1 61 ,782 .50 1 63 ,6b2 .50 1 64 ,7 65 .0 0 $2,346, 148. 75 More or (Less) Than PrLSLnt $ 1,502 .50 ( 1,945 .00) ( 1 ,870 .00) 3 ,230 .00 1,945.00) 2 ,880 .00 2,563 .75) 2,280 .00 3, 145. 00) 1, 7 11.25 1,555.00 3 , 450 . 00) 1,660.00 1,422.50 (147, 805 . 0 0) $(14 6, 482. 50 ) Total $2,346,148.75 2,199,666 .2 5 $ (14 6 ,482.5 0) r I .. ~ • '- 1 - (Proc • • • • 0 - CITY OF ENGLFWOOD, COLORADO PRESENT --l DEB1 d s us~d for con:.truct1on) I $1,550,000 I 5. 93.. 0 REFUN DING DEBT (P roc eeds used to purchas e U . S . Gov rnment securities) I $1,516,000 @ 5. 6029% ---------------- '--- p y b1. Fro E c row Inv · tn11 nt s t r. I o, o 0 -~ 1 t • 000 ESCROW , Containing l . Govc. nment Gua ra ntc d Obhga ions) $10,000 Payabl From S wer Inc om 7-3/4"/o $15.'175 ' • • , - ( • • • • • • C E R T 1 F I E 0 R~CORD of proc~edtnqs of 1 HE CITY 01' ENGLEW(~O, COLOb\llO rc •lat1nq to S nlt:R Ht:VENLI: lilf. Phi~CIPAL A'IO~'lT ~ ,n_~ • ' • • , - • • • 0 • r Sl ATE OF CO LORA DO CuU NTY or AIV"\PAIIOE ss . CITY vr LNGLLh OOD Th C<ty Counctl o f the C1ty of Englewood , Col o rado, me t 1n r eg ul r sess1on, 1n ful l conf ormity with law a nd the Or dtn anc cs and rules of the C1 ty, at the Munic1pa l Buildi nq, on Monday, February 2, 1976 , a t 7:30P.M. a quo rum: The foll owinq me mber s w re pr esent , cons t1tU t 1nq Mayor: James L. Taylor Mayor Pro Te.& Vernon M. Ma nn Counc1l Members: Howa rd R. Br ow n Dav<d B. Clayt on Don ld L. R. S.<th Dou g las T. Sov rn Dona l d W. W1ll1ams Also present : Director of Fi nance, cx-offtclo C<ty Clerk a nd Treaaurer: W<lliam D. Jamee City Man•'l•r: Asel an Clty Mana er: Clt) Auo r n Y• Andy McC n Karl Nollenbe r er rard1.n 1 .... 1\l•----------------------- Th r upo coun •1 1n roduced n IIOV d t o • opt 1 n ot t soluti on: -1- ' • • - r ( • • 0 , . • r RESOLUTION No. A RLSOLU'll0:4 \UTHORJ7.J NG TilE PUBLI CA TION OF NOTICI' Of SAL£ Of SEWf.R Rr\'LNt;f R!TU:>oDl :-;r. Bo::IJS, SEPIES 1 97 , (Jf THE Cl1'Y Of r:.~J.J:~:OOO , l\Rf,P/,fiOE COU ll i Y , COLORADO, r.._ TilE PR I :-.IC I PAL .1\I-IOUNT OF $1 , H , 000, DATED I' ARCH 1, 1976. \~H£Ht.AS , th Ctt.y of Englewood, Arapahoe County , Co l o r ado (he r 1n the "C1ty ") has p r ev1ously 1ssued $1,5 50 ,00 0 of 1 a Sewer Revenu Bonds, Sertes 1975, dat.ed March 1, 197 5, and $1,022,000 o f 1t.s R~fund1nq Sewer R venue Bonds, Sc r 1cs 196 2, dat d November 1. 19 2: nd Will Rr.A-S, he C1.ty deems 1 t m :"ess t::r and dl..!s1r1 b le that sa1d outsland 1ng 1975 l~a u of L<nd d lnd<ltedness L~ r cf und ~d by he tssuance of S r R(,:Ven ue R f:Jndinq Bo n ds, S<•r1ra 197 , d a ted Ma rch 1, 1976, 1.n t.h pr1nc1 pal moun of Sl, 51 , ~ I": n cS WHEREAS, the C1ty Council has d te r a1ned nd h r e by d te r.tnea that 1t 1s advantageous and favo rabl e o th C1ty to r~fund aa1d outatand1 n q sewer revenue bonds 1n aa 1d mount; WHEREAS, he Ch rter of s a1d C1ty and th lawa of he St t o! Color ado requ ir that it 1 8 n ceaaary to orov 1de f or the pub11C sale of th bonda1 a nd ER irO , 8 IT RESOLVED BY T CIT\ CO' fNCIL TH& '1 <' o f aale r R v·nu R fu nd1n un of $1,51 ,000, ••11 bep luh done ll 10 th Th En le nld- n '" I, • n "•P•vt'• h•vtn q•n ral c1rculat1on in th C1ty ot En';Jl•w nd 1n T 0.1ly Journ 1. f lf\ n•• l n •r• r IU In I rw•t, o, t 1 It IV ya pnor !0 ule. 2, f " l ehall 1n subs nually h toll lft for • • I - ( ( • • , . • NOTICE OF SI\LE SE WER REVEN UE RFFUND ING BON DS, SERIES 1 97o , S l,516 ,000 C I TY OF EIIGLCWOOD, ARAP,\HOE COUN1'Y , COLORADO SALE DIITE: TU ES DA Y, I EBnU IIR Y I 7 , I 976 Tth.""' C1ty Counc1l of thP C1ty o f E:n:-tlewood, Colo rado, w1ll r (c ~1vc 5rd l d hl F at he off 1ce o f hf D1rector o f F1nanc~. ~un1~1pal Bu1ld~nq 3 40 0 Sou h tla 1 Str~et, Cnalewood, C• 1 ra o 011 1 , untll 2:00P.M., l.S.1 .. on ':'u sda y , th<• l7t day of rebru.Jry , 197 , f o r t h purc h as of Sl,Sl6,000 o ~" Sew r R v"n u" Refun,.hng Bonds , S r1 s 197 , da e d 1\arch I, 1 97 • 'Th,. Wnds o;"h 11 be 1 n t .e e MUl '1on o f $5,000 c.'ach , nynb r•d 1 •o '~3 , 1nc lu 1 , and on bond ,umber~d 304 1n e den run:tt r o f Sl,OOO, ~.a ll b a r 11.t r est pay:lble SeJ .. <'I"' r 1, 1976, and •• • n n ~ally h(>re f t <'r on t h 1st d<1y of Much and th ls d ..Jy •! Sentr r rach y J r, and s hall rna urf' SC'rlal l y o n S p ~mb~r l , as fo l lows: ~~ Matu rJt 7 11 ,000 1976 7S,OOO 1977 80, ,, 0 197 8 85,000 1979 5,000 1980 q5, ooo 19 8 1 1 00,000 1982 11 0.00 0 19 83 11 0,000 198 4 12 5 ,000 1985 13 0 ,000 1986 13 5 ,000 1987 14 5,000 198 1 55,000 1989 16,000 1990 Bonds of th ts taau 1 t ur tnq o n or 'for S p l ~mb r 1, 198 4 , sh 11 not be r deemab1e prior t o h 1r r spective ma ur1ty d a tes. T os~ bond s mat ur 1nq on Sep e~be r 1, 1985, a nd her after , sha ll b~ r edeem b1 at he opt10n o f th City, 1n 1nv roe num rical order, on S ; mber l, 198 4 , a nd on ny t n e r eat payme nt dat th re- a! e r, upon payment of par and a ccru d tnt L r st. P rtnctpa1 and 1nl r • wtll be payable at the F1r1t Ndttona l nlt, EnQ1 ..,ood, Colorad • o r tr at n y tn th t ques •. • • - ( • • • r .:.~nd cq •nsf" of t,<.. p urchaser . It is anti c 1p..-tted thilt delivery of th e bonds 'A'lll be made wtth in s1xty (60l days follow1 ng the award : he b e nds . B1ds may be c-ondi ioned uoon r CPtp t of the approving lc-q p1n1on of h e bond a torncys named below, bu must 1n any and a ll other r e spec ts be uncond1 ional . The 1 nte r cst rates on t hese onds will be t1xed by ~he C1ty f1vc days p r 1or o he sa le. Th bonds w1l l b awardPd on the basts of he bid desiq n a 1nq the h1gh~s am oun t o f prf"mtum .) ovc par. No ··B .. coupons shall b al lowed nor sha 11 d 1 acoun b1ds b~ consld Lred. ~USJP nu~bcrs wtll b e prov1dtd for th~se bond s at the rt·qu un·J cxp ""nS o f the succ ssful btdder. The Ct y wil l not Lc r ~r~ns1ble tor e r rors 1n such numbers . In th OJHOton o f bond counsel , t he 1n c r est on sai d bun-i s Wlll Ot.• ('XC rt from taxa t ion by the l'nl t..ed Sta t,_'S of Am c rH:a, undf r prcto 1•n r. dt~ra l ln come Ta x La ws , ll nd "'tl pc rt1n n t ln ernal R~vt. n, Scrv1c r<>,u 1 a 1 ons wh1ch havP r ·n t ~su ••d; such 1 nt r st ~11 1 Jlbo b~ ~tmpt fr m axat1on by the S 1 e tf Colorado , e x ccot 1 nh• r 1, n c ', e.,.ta and tran f e-r taxeb. unJr-r pr' sen laws o f the Stat ~ o' C lor~do . •• ,,. ~lty sh~ll r es• r e t he tlqht to wai v e any def c t o r 1rr qul r1ty in dny b1d. 7 hP ortnted bonds, a certified transcr1ot of leq al p r oc-reod i n•:JS and the approv1nq opinion o f M(>ss r s. Ta 1 lmadge, T llmad~r, W lta~ ' Hahn, Atto rneya of Denver, Co l orado, Wlll be furntah~d a he C1 y •s ~xp~nse. A copy of th~ aop rovtnq o p 1n1on Wlll be pr1nted on each bond. A cash1er 'a check or c ertified check drawn on a bank or rus company, p y ble to the Ctiy of Englewood, Colorado, in the mount of $ 0 000 .00 1.1uat accompany each b1d. The c h ck of the aucc ss u e r w1 ll be r etJined by the C1 y aa l1qu1da d dam QP& 1n th vent the bonds are not taken u p a nd pa1d tor 1n occordance wi th th b1d. Ch c ka o f unsuccessful b1dd r a w1 ll be re urn d iMmediately . rhe Cl y Co ~nc1l 111 ~el on F b ru•ry 17, 197 , to cona 1a r he ew rd o f ~h• banda. l 76. ••l •nfor t1on cone rn1nq th C1 y thla at ed fr Mr . W1 lll D. J .ea. D1 r cor of •h Ela~1 tr~ , fn 1 wood, Colora o 0110, ond So~forJ , Inc., 1 24 Tr Pl ce, h fln;,ncul -onaul ant to Cl y . T~ CITY CO'NCIL th iS 2nd doy of rebruory, H rei"-n In 1 urn 1 r lr err --· lt16 •. • • l - ( • • ·. • l. I n addition to the pub l1 cat1on o f the notice of solo r ~f~rrc d Lo 1n Srct10n l, t h e D1 r cclor of Finance and HiJnlfen , Imhof f and Samford, Inc., the financia l a dviso r to the C1ty , a r c authorized to fo rward a copy o f the not 1c o f sale to J.nvest.ment ba nk i nq f 1.rms, bank s and others "''hO may be 1 n ~r es t e d 1n b1 dd1nq on t h e bonds. RES OLUT ION ADOPTED AN D APPROVED thl& 2nd day of rebru r y, 197 . (5 E A Ll A171:ST: ---oUPO'i-Ot r1nance, Px -of flC lO C1 y Cl rk •nd T r ••ur~r May o r -s- • • , • • • I• • ~------ Thl! r ... ·upon Counc 11 nun moved th.Jt COUOf"JlTI ... ln s~conded th mot1on. .f c qu<.:s 10n b 1r.g u1 on ll•c pass.Jg and adort1on of sa1d J, solu 100, t~w ro l '-;ls ca l ed w.1 h the follow inq r sult: ·rhose vo 1 nq AYE: Counc 11 "~CO: Tho5e VO 1 ·~ ~AY: Howard R. Br n oav1d B. C ly on Vernon M. "1ann Donald L. R. Sm1th Oou~l•• T . Sov rn .1 "' • L. Tdylor Donald w. W1 lJlms The pr s 1d1na off1cer th reuoon decl red t hat, a JOrtty of thoa Counc1l~en pr~• ~ at aa1d m etlnq havtnq vo d 1n favor the r eof, he ~tton ~•• arrted nd th~ Res ,Iu- tton duly paa8ed and doo ed. Th r upon, after cona1~ ra 10n of o h r uaJneas. h m ttng w.u ed)ourned. IS t Ll TT T1 • . • • f • • 0 • ___. __ STA J E o-r COL0JV\DO L '~~.l'J' Of' ,\11/\P.\HO f. s s. ( I TY ,r L:: LL,·.OG.J 1, W_J)1am D. :dmes, Licc c t c r of F1nancc, ex-offlClO C-' ty C~ t: r~ anJ '.i. rea surer of Enqlewood, ColorcJdo, do hereby cc rt 1!y that th~ for eqoinq paqes numb r~d 1 o 6, 1nclus1ve , contdln a rue und c o rrect copy of th proce d1n11s taken by th~ C1ty ~o un cJ l of the C1ty dt d r~qul r mect1nq thereof h1 ld on :~('Jnday , tne 2nd day of February, 1976, so far .JS Sd td pto~cLd1n1s relate to a Rcsolut1on prov1dLn~ for the '1 ot lCC' of Sale of Sewt-r 1\cvunu f.:t.fundinq Bonds, Ser1es 19 7 o f the <.:t y, c1 r c ~nd l:'Orr<..:ct CO JJ '/ of ""h1 c h 1s set forth 1n full 1n the proceed1ngs of lh Counr 1l: hdt sa1d P ~solu tlon has been duly au hent1cat~d y the a Janature of the Ma yor , •• presiding officer of th CouneJl, nd mys~lf, D1r~ctor of P1nance, ex-offtclo Ctty Cl rk of h C1 y, and duly • aled Wllh t h e corporal • al of th City and recorded 1n he offi ci l recorda of the Clty. II WITNESS WHEREOF, I have h r unto at my hand nd aff1x d lh sPal of lh City, thiS _____ day of F bruary, 19' A Ll •. • • - • • • .li ·h J\ff ... da ·1L rf PutJlic..Jtl.on 1n 7' t• l:..ngll'...,DuJ Hl r ... lJ-St:nt.ir:Pl) -·- ,_ , . o..&-- • • , ( • • , . • . ___ J __ (A l t 1•·!1 id r 1 :i , 1 t. o · Pub 1 u.: ... t ion 1 n 1L~_• IJ.:uli" Journ l) ,_ •. • • • TO: FROM: DATE: • 0 • ---" -- Andy McCown, City Manager Karl No I lenberger, As s istant City Manager January 14, 1976 SUBJECT: Towing Con tract We have reviewed the enclosed request from the Pol Ice Chief conce rning towing In the City of Englewood a lon g with the attached ordinances f rom Lakewood. I agree with his critique of the current method of providing towing. As a result of the procedure whereby the ~y receives Its towing for nothing, the citizen involved In a traffic accident can be gi ven en excessi ve charge by the towing company. We ha ve had complaints from citizens of excessive tow charges from our current towing comp any. This ordinance wou ld appear to solve that problem as wei I as the interse fighting between the towing companies In th area at the present time. It treats ell the companies fairly and equitably. I f you e r e In agreement In this metter, the action neeessary would be to have the City Council request an o rd inance to be dr wn up by the City Attorney. We woul d be g lad to discuss the de tal Is with you at your convenience. , er na r /s Chief s , Pollee. Dep rtment •. • • -'- • • 0 ,. - J __ 10: fl"( :·: .;PT£:.. J .'OC);;• { n . 197o StuJ E.CT: Th·J contract l.letwoen the City of E:.ng l ewood and Harwy Park Cn •_, -c.n for 1u..i··~ se rvjt:., ex;>ir'·a ove,....,c.r 3'J , 197 ,, IT is rr:y v <IOr !o tondin<,, o .• o ver , tl'l-:lt i 1 w a ~ ru v~lly a~reed t h ai' tht:J conn·act wovld ll-.; t.:A.Ie .... ~c }'J dCJyS t 'J ~flew b u f ici~n t I i T for a decision on a ~ew contrdc1 . 11 i :; "'I v i~ion 1iti."+ tr.is contract s·o~c vi,t , dnC I Su~~est a t otal I leave s rrt...-·• rc t-e des i r ed Iron l h• <.!1 t ~;ren ~ "' rv ic h l!lll Ci t y u ~· ic le s , d, id f ,-,r tcwinJ ulall .o n ·~d 1<..1<>, rovi::;ivn t o J._ •• ,; ,n~,.-t f .... r • 1 ?W b;Jdt r J , r pol,t e for ci ... r r r i ' T II • • • , • 0 , . • ·-------------~~ """-- -2- 1. The existing cont ractor nas at least one tow truck painted g r e en and white, which makes i t appear as if it is a city owned veh ic le . The contractor, in the eyes of the pub I ic , is representing the city to the deg ree that we contract with them and therefore recommen d their service to the excl usion of others. 3 . The city has no control over the prices ch arged or the level of service provided by the contractor. 4 . The city has no author i ty to protect he contractor fro other companies who nonitor the pol ice radio ard attempt to solicit service from accident victims at the scene . lJu r i ng the throe months t hat I have been Ulief of Police , I have rece i ve d several complaints from citizens who felt they had been "ripp do ff" by the city tow contractor . Investigation into the complaints has revealed that t he possibi I lty ex i sted , but there was no authority t o correct the prob I em . I have had con.plaints from Mr. Mel Bush , the owner of Harvey Par , a bout other wrecker companies atte~pt ing to take b usiness away fro hi~ b ~eating his wreckers to t he scene and soliciting business. In turn, I have received complaints rom two other Englewood comp an ies regarding t h conduc of Ha rvey Park drivers at scenes tntli r d r i vers had happened upon or actually witnessed. In one incident, st~ven tow trucks arr i ve d on tn scene o an ccld n and (' intervention by sev ral of f icers was requ ired to prevent a fi t fig t. • garal ss of whom is To blame or how th resolv d , i n each case t he ci t lz n bee city is """rred. situa t ions navu be n t cmpora r i ly s t n~ victim a d t h i~a_ of t ho Propos I In an 11 t t to mini iz th problu and uit · le " ThiJd of st1lec1 ion of th ci t y and t he i ndividual citizdr toll 1n Is ropo;ea: 1. idon lt i e o bo nd rovide a f air wr ckur s~rvice c 11ny a~slstance for invol d I r ffic accld n s , h • • , • • 0 I• • -3- 2 . Enact an ordinance to prevent and make unlawful the sol ic i tation of towi ng business by a ny person driving a wre c~er at the scene of a tra f fic accioent. 3. En act an o rdinance governing wrecker and towing services in the Ci ty of Eng lewo od . Thi s ordinance should p rovide for the tol lowi ng : A. That the po l ice department main ta in a I ist of licensed Englewood towin g service compan ies In i ts coMmunications division , and that when towing servic s are required at the scene ot a n accident or o ther misha p an d the dri ver has no preference , a wrecker corrpany wi II be called from that list on a rotatin g basis . B. The I ist wi II be ava i I able upon request for examination to assure impartial and equal utilization. C. Wrecker se rvices appearing on the ro tation list n1ust be licensed to assure they have agree d to provide an acceptabl e I vel o f service within an acceptable price r ange . 0 . Rules and regulations re garding equip~ent , safety , conduct ot operators , response tiMe , and acceptable charges as es ablish d by the City ~1 anager or his designee should be requ i red to obtain a nd maintain a I icense . E. iolations of t he rules ana ro:~gulations as determined by invo:.ti- ga t ion should re,ult in sus~ nsion or revocation of the license and extraction fro~ the s~rvi~e I ist du r ing the period of suspension or re vocat ion . F . The I icensing and regul tlon s ~hou ld be rcquir d for conpani s req~esting Inc lusion on th pol ic cal I rotation service only, and would not a ppl y t o non-pol~~~ ~ rvices conduct d by that COO·P ny. of La~t w ~oc ha .. b ' • • , o . B.V. Berardini, City Attorney • • INTEI.oPPICI MIMOUMDUM I• DA~ Ja nuary 21, 197 6 ,.~. Ch ar les B. Carroll, Jr., Director of Utili ties SUIU Individual Se wer Tap-On Agreement The a tached Tap-On Agreement wa s approved, upon your favorable review, by the ate and Sewer Board for Ro cky Mountain Prestress, Inc . Please let me know your comme nts before the agreement is presented to the council at their February 2 mee t i ng . Charles B. Carrol l, Jr. CBC/kr •. ' • • , - • • • 0 t• • THIS AG RE MENT is entered hie ~ d ay of .,\~, 1 976 by and betw en ~oc ky ' unta 1.n Pres t.r ss, Inc., a Co lorado c o rporation (h r 1naf ter "RMP"), and Val e y -San i a ion Ois r1ct, a quaai-r.unici pal corpora ion of the Sta e of Colora o (hereinafter "Val ley "), \·71T rSSt::TH THAT: WHEREAS, the aew r sya te~ o f alley connecta ~ith the ayste of the City of Eng lewood: and WHEREAS, Valley ia bound by a connector agreement, en ered in o with the Ci ty of r 1972, whereby th C1ty of rnqlewood aqreea under certain e • and conditione o r c 1v and treat the aewaq e col· lectedl and k~EREAS, RMP desirea t o tap on o Valley'• line ~ connection to an exiatinq priva e line connected to the Valley a er ayate 1 and ~~EREAS, RMP •• ob ain d he conaent o f he ra of the a!oreaa id pr1va e line o the aforeeaid ap, ~hi h eo • nt la conta in .. nt • and rec rda o! he coun t y o t Ar "'it in that doc ..2!I.LJ._ a PAC!• 1 and of ~ a raeai ta a all for the o urpoM , toile and ah h • sC'rl r faC"ill tee and l<>e.,ed iC'ted " •. • • ,- - • • • • • • 0 t• • ..,. __ hnt map a .:u:hed hrrf:\lU "R l xhil i l\, c."11' tcncJ .. tob Ho. P- 151, Jloctty Mountain 1'1 ~trca5, lnr:-., S-1n1Utry S wc-r f.xten- o ion : and, c onnection uvon Lhe ~ ~~ and con~J i~n r inaft r atatf'1 , provic.lccl , tww --v r, th ol Uua -'1' "' Ja tt'll:lJT S. ly ll}i-'IOV~d hy lhe Cit y of r,..;le o<l , rr.tor do; N THUtn ·olr., ln<on•i.,~rntl c no[ t> '"ut•l cov,...nanla hcrcinft[ter (..O ntliJ n"'d , j le ·11 ed t-y the plltrt • •a h re o a • follows : 1\. f.ub ,..ct. t~ .!..~"'~lo_!'~ ~!~'-· Thi a 1\'}tE't!men 1 subjcc to all lf'rl"'\a and c•.Jntlltions I'S nta set f •J tlh ltnd contained if' hC' "boYt" rpf,...t n,..ed l'lliii.,.C 'lr' a 1\yt f!'ernf!nt. r.r nny IUIW!rnlr"enla or aup•·ltr'""'T s h reto, which ate h nal,y XJ,r a e ly Jl'l:ot e a par h,.r~or t~y tt: ret t'nce. B. !!!.==.:,_;J·a_y~ fr,•JlrW"f'".-:.!.!:!· All f a, Ill,.. or Lu no J IM.it,..rl ,,., Jut:[)@ct:ion , t•p or tr ol....,nl ch•''l"• o l.oe 1 ,,lrl o he Cl ' y of fnq l• • •h•ll be borne nO ~1 <1 by ·t1r, in Atl·lltl•m o all olhf'r ffo••· cha rg • 1n<l t "P'""""• ; <o•ll1 1 '• c 1-r•ln. NiP h 1 Ly "1'""• o hold 'l•l l~y t.•rrl ~• Cnr r.y Af·'' •11 •uch fP@'a ')f chan f!8. c. c.l. t•oVI r lr. t.wn t ( 'l'IO) I hro c..! u::a .Jl f:f rr,t tj' '4r. o • ... t.•t'I ..... , J .,., r • 1•• c.1. ''I i . • • • , - I I • • 0 • ~~~--------~----------~------------~--------~----------~-1 ~n connection with this transaction. Any payment ov~r the amount of such fees shall be refunded by Valley to RMP. Any legal fees and costs over such amount shall be du and pay le to Valley fran RMP. C.l. RMP shall pay directly to R a, Cassens and ~sso- ciatea, Inc. upon b1ll1ng all enqin incurred by Valley 1n cor.nection ith r ng coata hia trans- action. Such coats are Stl ated o be f1fty ($501 dollare. D. I••uance of Permits. Upon the receipt of the pay.enta roqu1r d by C.l. and C.2 . above, and upon th obta1n1n9 of all requisite approvals o! the City of Enqlevood, Valley shall issue to RMP the right• and pr1vilegea of a tap neceaaary to a rve the lunchroo., to1let and shower fac1l1t1ea currently exiating on the property of aa d scribed in h1b1t ~ and dep leted on Exhibit B. E. Cons truction of Sewer Ma1n Fxtenaion. "· E.l. shall construct th extenaion to the private sewer .. in purauan to the plana and apeclfica- t iona shown on Fx •. 11> t 8. Such construe 1on ahall ~ at th aole coat nd expen a of ~ .2. e conatruction of the here1n d1acuaa d • r ra1n xtena on at.all to the atandarda of Valley and t I all • t 0 a reaa d • r \'alley' • E1>9in r ion o! th t naion. • dl 11\ •. • • • • F.7. Valley >S hereby giv n t.he right to qo upon he lands described i n FY ibit ~ to neasure and sa~p le sewage at the point o f connection of R~ to dete r- mine t he quantity and quality of sewage within the s e wer line extension. The c ost of samplinq an~/or f"':easurinq s hall bf! borne by :P, i s successors And a ss igns. P.). RMP, 1ts successors and assiqns , shall pay all coats of ooera icn and Maintenance of he s r ~ain ex te nsion from e point of its tap to a~~ including he manhole located near th western pro1 rty line of the lands deocri d in x i it C hereto. PJ IP Rhall Make arrangements for and, if ceo.ary, participate in ~e cost s o f opera ion and maintenance of the priva te s ewer 1 ine from t. e aforeaa1d !"IAnhole o he point of connect ion •d th Valley 'l syatell' a• mAnhole )6. •a lley shall nnt be res ponsible for th ope rat inn or rain enance o! any a e g nt o f he private line which will extend fr011 the tap de by RMI' o Nnhole r.4. All per1od1 c ae rvice f ••· e c., c arqea le to .!>. o er users of ••• o! r. h r C.nli ies of ••a l<'Y on h IJ&ld by all r c.! at UFI • all • 11 c~ar e"' aps. ly .. r tar a . n~ AdAl ion - ayat. f ia a be • • • - G.2. • 0 • ..... ---------· pr o hibi t i ng the ne gotiation of reimbursement to n:P for the costs of constructing said extension by future connectors to said extens ion. However, any such fu ure connections as well as any connec- tions by ~~, its auccesao ra or a ssigns , o ther han those f or the lunchroo , toilet and sh r fac>litiea exiat>ng •• of he d ate of h i• aaree- Ment shall r equire he aeparate r~view and app roval o f Valley and the C>tY o f rnq lewood, t he payment of additiona l tap fees , the computation of ta p equ>valente for purpoaea aimi lar t o paragraph f.4 and MBY be subject to auch o her terMS and condi- • aa Valley or th rlty o f rn lewood shall d teraine at the ti~ of application for approval of auch connection•. to pay for any da..agea vhich ,..y r ault a t any time to \'alley• • property or a by reaaon of the l ay ing, cona ruction, uae, r 1r or intenance of any aewer line of '~· ~·pon th occurrlr\ o f referred 0 at pe 3 . ara &M: nt c • a• • e or ' e r • l)' conditio rap '• and n r 4r 8\1 ..,quen of t • rd t lloo~ ~ c i• o t r - 0 •. ' • • - ( • • 0 t• • placed. As bui lt construction draw1ng s of any such replaccn~nt line shal l be submitted to Valley and t he Ci t y of fnglewood and construct ion shall be 1n accordance w1 h the standards of Va l ley and the C1ty of £nglewood. G.). RMP does he r eby and for ach of t • successors, JOint ventur rs, rart1u .. rs , 1nd p ndent contrac- tors, assoc1ates, aas1gns , emrloy e a, serva nts, affi liates , and gent5 , rolea se, rem1se, acquit, (;.4 . and forever discharge Val ley, and its agents, servants , ern loyeea , aucc s sors, and al l other persons, firma, corpo rationa, associations and partner ahipa a asociat~d . connected or afflliated with Valley, of and fro any and all claims, actions, causes of a c~~on , demands, rights, damagea, costa, expenaea, and c penaa tion of whatsoever nature, known or unl:n n (all hereinafter referred to •• "Cla~a·), wh1ch thy or any of thes have (individually or jo1ntly) or wh1ch may h r after accrue by reaeo of o~n rahip of or inter•• 1n or o ra 10n of th referred ~o n furth r \' hereafur ...., in conn ctlon .... ir. enanc-Ul ._. r ••in lo at [JC !till A, c •• COl '•• a ti • I h, cr or op d on D. r• a w r linP ~n th land• A, C and D h reto. 1!y and bold haraleaa r ofore or arta nv y r aaon of , out of eo • ruct. on, r•tlon ot h pnncipal t1.a pro ru • ICll in • tO r• Ill ·- Y•' h •• ' •• • • • , - • • 0 • settleme nt pa y~ent s i ncurred by Val ley and a r ising by r e ason o f, in con nection with, or out of ~uc h Claims. RMP f urthe r represents and warranto t hat ne i ther ita offic r s nor any of i a agenta have «nowledge o r in formation of any person who haa as s erted or c o uld as a rt any auch ~laim. RMP further d clarea that no pra.ise, in- duceme nt or agre ment with respect to release or ind emn i fication not herein expressed has be n ~de to RMP, and that the t e rma of paragrapha G.l . to 3. hereof are contractual and not a mere recital. r..s . Valley doe s not guarantee or warrant by this Agr e~ment t hat the ~i ty of rnglewOQd will continue ~t a aer v 1c e and treat nt o f sewage and effluent dlachargea ~n t o the pr •vete line by the R~P, an~, 1 f for any r a aon , o r a t any time, the ~ity of Eng l e wood ehe l l fa i l or r e fuse to furnish the aerv i c e cal led for in i ta ~onnector'a Agreement with Valley, aa I t may be emended, either to Va lle y or to n RMP shall termina e a uae o f t he aforeaa1d l~ne end th ia Aqr e ent el l be aut t1cally en.in t d and of no f u r t her o r ca or l otqal !fee lt 1a C rther un d eratOod and agreed that 'a lley 11 pr vi ding in h i a AC!r e nt O'lly fo r tl'e e Of ~ • a ver li n a nd no t f o r the tr atlllf'n of th sew qe of effluent diacha rqe th r•l l>y • that y v re nt1nq auc u o f I• a • ~ • H . auc tnn inq a'>all '>() a a h •rtn to t pu lie li a r a lly •"' o.r rv _,_ ' • • I ,.- (( • • • G.6. This Agreement shall be for a term of one (1) year commencing from ~he date hereof and shall be automatically renewable, from year to year, unless either of the parties furnishes written notice to the other at least sixty (60) days prior to the end of such term. Th1a Agreement aay likewise be terminated during the term h reef ~pon either o f the parties furn i shing written notice of such termination th firat day of the second month following the month in which auch notice is given. G.7 . This Agreement shall inure to th benefit of and be binding upon the aucceasora an4 assign• of he p r :J • u hereto. Any .. .,aiqnaent of thi& agreeaant by RMP auat receive the prior written approval of Valley. In Witneaa whereof the underaigne4 have aet their hands and aeals •• of the data first above it ten. .t.tt.esta JIOCKY MOUNT UN PRESTRESS, IIIC • Secretary • . • • • - - ( c • • 0 • ~TI\TF OF C<'LORI\00 ) ) ... -Alt-:0 COi..'~•T Y Of' :..':.!•..:.•_::_.::__;_1 ) Subscribed ane a~orn to ... !ore ~ this ~---day I !~EAL ) /' .._,.I , I f ' 1o tary Puhl 1.c • ~· I My Comm1s1ion E~p1res: l.:y C :~.;r:::·.~ c .... , ' ~ (.' 1 • 1\t t eat : VALLEY SA. ITATION DISTRI CT Secretary . ' I '-/ '-; )· -· By __ ~--~~h-a,i~rma~n~--~-~,~··~;---- ST AT£ OF COLORADO -c TY 0 ~ ,. I , ... Su acr>bed and aworn o I fon! ,.,. his ~:_ day o! January 197 , by --...!..::....:..!..~----of VALLEY (,tAL) y c laa1on Fwplrea: COf\ !I e to Ia I! y 0 -----------· 1~7 • ITY Of' (;t.niOOD '" .. • • • - ( • Own~tl by the 1n the C ount~ of A pa rt of t:h ea t Qu a r er (SE ~) roe b \.r.' s t C 1· do , nc!.r ' C '"""""c • 0 - ~ JJI!ll l T A - Pt• tress, lnc ~~oltU· o f Cnlo rAd , to·~lt 111 ur (',".1/4) of the So uth- (5), Towr >ip 5 South, '~ ridian, ArapA!oe Co\J.ntv t d s f ollr."s to."-~/ SE ., of Jon~ he Eas line of the di s tance o f 625 .0', more or h th• PX ended Routherlv lin~ of A ven~t. rlv kno ~ as Jersey Avenue, a~ sud nut> i s n the plat o f Fo rt Lop .<n Homes d~ted ft>bru .. ry 27, 1 ~1 . ,. lllcd in II ok ll of Maps , at Pac 25 , o f h rt>c rd s in t o fice of the County Clerk and R corder •f Ar paho CoMntv, Co l rr ado, th<nce Westerly alona the pro - due d Southerly linc of s aid W s Na •sau Av enue and al n~ a 1 ine parallel wl h the Southerly 1 i ne of the NW /4 Sl./~ of atd Srct •n 5. uistlnc r I f 160 .0' to th Po in of B<>ri nnln ~ of the n~res and ounds d scription of t e ract or parcel of I nd as elng herein described, thence cont inuln Westerly alon th produc d South rly line of sa d W It Na ssau Av nu and along a lin parallel with the Sou rly line of tht> /4 E/~ of aid s~crion 5 a d • ance o f 830 12' to a point in the c•nt r 1 ne of South Elio Str et, form rlv known as r.rasm re Pl c , stre t 10 s hown on s ai d pl a t of Fort Lo~an H-1m N >rth rl v lvna. th c nt r lint> of s id South Eliot Strr of ~29.7 1', ~.re or leu, to t er ly par~ll 1 with the South lin ~ 30 .0' to a of in o f •. ' • • f - '• ( ( • • • <• • A t.ro~l nr l.tru.l i n UuJ l'a.! ~a:~ nf ~rt'lion 5, Tv , 1:l11p S ~·t ·l'th, a;,"~" u3 \ c:r.l of i,.lu· Gth r ·"·, d c r Cf' llJ \!J I I~ fo I , .... , .. &:.: ("C\.f;U.ct.·c .. t o pt.)iut on 'l1 t•J \.'nr.t.. lu'o gf &,.._,,fi t.L~ ~ L~ "':"ch iL ~(l4 f eet ::o.~th oi lhb ~ out.lu .~ct ·w ncr "r r.w "-' ".l ~ ~ L ~; il 1 ~nC""C t:f\f'•\h alon~ uahl \:or.t I ino, 0 J~~..l~nco ,,r .!~0 rrc t ; t.I I\.:IU . .:U t.ost "'"I r.woll"'l with tho South llno of eo i<l I:E l ~(!, n J o~t cncu of ~00 f crq thoneo North ,,nd ,, .. r.,llol woth tho \,o c t linu of C•'"l I ~El r£!. ~ Jic.tonco of 6')4 oct., t.IOr"O or lf'-1~"\, to th ..: ~outlulr ly I ino o r t.ho Denver ttnd r.to Crunt.l o \.oc.t"\l rn 1:~.,•lra ."':J , ... ~It t o f Wi.y; thoneu ~ou th ~oatcrly elnno th e [ouLhur l y ~nJ '"•t~·ly l inu of ,d d ri uht of woy to lltu fnt:<'I'G··cti on of c;; ... i J I inu wi th th" ~outh ''""of lh• NC{ uq SC ! of ... ,;J ~~ction S: {loo nco \.o~t ,,ron\) G.oi J !outh t i "ca "d i ... tnncc of 1.7.9t1 f eet, no• o or l\!:,a , to t.hu t'o .. th· aoGt C'OI"n ~r o f thfll f.\.~ N(~ ~[~ of r,,,;\1 !\Jct t n n 5; t hunco ~ou tlt 0• z• \.'o r,t; nlono the c_,.t I ino of roHJ !\.~ r.L~ ~ E!, ~ cit t,•nce of CliO r .. ot, _,..a or l oc:n , to t ho lloo •th I ino ot \ c.r t l'•.f<.o J Av•-"• .. hleh lo SO feet North of tlo .. :·o uth I in~ of t lou I:C{ S£~ of c:oiJ foctien S; thc neo \.,£t ulonu the t :orth I i n o> of o n o<l lor.t n.r.,.d l,v nuo, o "'""t "'nco of 330 foo t, oro •· lc a, to .J r u•nt 300 fo o t (~a t o( t.fttl ~-outftw.,•at Cl'f rUL I " or O~HJ f~(.l ~l:f l fH.:UCil ~or t.h onJ ,,o,.allct wtlh tho \oc;l l•no o t t...,,J t.L 4 ~l~, o '-'•'ton..:u of lSC f c t1 t hence I o t ""J llurull.,l 11lh Llo ::.ou lh llnu of ""'" l 'l~ fC1, "Jlat.on co of ~0 0 feet t1> tho 1 oonl of l ·uo onnon::t . ·' •' ·' ' , • • ·. I , ,' •• IJ , .. , :· . ,• • • 0 I• • owncc..l h y Tlw 1\u•t.:r lt·.au-Cut, m.,n C''''lP·""'· sit •J oJl.C in t he Counl/ of 1\rap;~hm., Still ,,( (u lor.ulll , 111 -wi : lot~ r, Lh rol•ch 'J, Ul n Lk 1 0, Littl ' t:u•'· .u1 t1 J ,,l,.. 1 ·~ II H ·'~·t~h ItO , Klocl; 12, Lots 71 Lhro uKh 40 , 1;\od . lJ , L<•Ls :1 thr<>u•.h 24, lllocl: 13 , .ond l.ut s l Lhrou ~h 1\, lllo<~. IJ, re .lbv<.ly '• k.l!rtULH.hvi:d.\Jn u£ 01 P.t rt C'lf Lt.ttl..!tOn , \..oJ..an tv of \r ~• 1hC\t:, Sc•te of Col oT<1Uu . t u1~ether with All .Jppur tcnlf'ICCii, 1'Lfhtl, eascmcnt l, p r~.vi.l~g~-t . rents, issues .1ncl rrofi!s h~o.·l 'J"l r,Lnt or appertain !.no.; to 1 he same , • A tr"cl n f l;n ,.t luc ~L cd in th~ C!H Hot: uf rhc Nurrh~~st Quarter S,.,uL h~o.· .. a"t Qu irt~r of Scctl.t'ln S , Tmm 'iihio ~ South, Rance ~8 Wes L ur lh~ 6th I'. H., dcs c r\h,·ol a• rollo•J• · Butpnninr. at :.. rolnt on th t!t.t )l t\C" •'f the NC'Irth~.,-;t Qu.artcr Southc .ast Qu.trLC:J" or satl1 Sc:ct1C'I\ ~ whJC"II l .. 5)4 ,0 Faet North of the Suu Lh wc•L l:orJH r nf •• nd ~on h.:.o -1 Quarter Sou ~h.,as t Q•••!ter , t h~n"e """' a nd p.1r:~ll< 1 w1 Lh t~•· South lLne o{ '-"id I nrtheaH Qu:~rt c r 'iouzhc "s t Q\urte1 , a diat:~nL• of )00 Fc ~t . thence l o rth and p~rallel w1th t he Welt Line or ,,no.l No rtheast Qu"ner Southe ast Quarter , a distunee of 694 Fe el, rnnr.: or l~u . tn the Snuth erlv lin of Lh e l.lenver anu 111u Grande Wratern R• il ~oaJ r q~ht of way , thence Northwe sterl y alon1t uirl SouLh.,rly n"ht of w;~y line to the 1nterac t .l.on or ~Ald hnC! wi.th th~ We<L ltne of aaid Northeas t Quartdr SnuLhenat QuarLcr, thrnce South alon& the West Line o f A3ld NorLhewll Quart r r ~out h · eaat Qu11rter, " dutanc:e uf 7.}4 ,6) Feet, ..,re or I~ 1, to the point of ber nn•n&. County of Ar,pa~oe , State o{ Co or.,,\o . tO t~!' I or 'W't th d l lt•t'ruvl~ •nL. l uc trt-.t 1 h• r • un Hthl th r in . ~~ • . • • , • 0 • INTII-Ofi'ICI MIMOIANDUM Andy McCown, City Manager DAft: December 29, 1975 ..oM: Kells Waggoner SU&IIICT1 REQUEST FOR PERMIT • A tached is a letter of request from the City of Cherry Hills Village Sanitation District for a permit to construct a 21-inch san~tary sewer line in East Jefferson Drive. Insofar as this department is concerned, an ordinance with the same restrictions as Ordinance No. 39, 1975, would suffice. The Utilities Department may, however, want to comment on protection of water line crossings since there are several lines being crossed at skewed angles and the proposed sewer line will be below the existing water lines. They may also want to comment on ownership of the line or right to tap the line af~er construction is complete. We did send the plans to The Urban Drainage and Flood Con- trol District for comment on the Little Dry Creek crossing. Copies of that correspondence are attached. It is my understanding that the District is anxious to pro- ceed; therefore, our earliest consideration, I'm sure, would be appreciated. ;;_ 'fl. 10---Q')-- Kells Waggoner D~rec or of Publ~c Works KW/ls A t ch. c: B. v. 8 r rdin1, City Atty. w/c. of requ et ' • • , - ( • • - C•tyol CHERRY HILLS VILLAGE SANITATION DISTRICT ;>ol!i() E.u! Q.rcy-.... EnglewoOd. Cob lidO 801!0 City of Englewood 3400 South Elati Street Englewood, Colorad" ·80110 'Attention: Mr. Kells Wagoner Public Works Director Re: City of Cherry Hills Village Sanitation District Sanitary Sewer System Gentlemen: The City of Cherry Hills Village Sanitation Dietrict in accordance with our connector agreement with th City of Englewood, intend• to construct a eanitary sewer line within the city limite of Englewood. The proposed sanitary sewer line is to be deecribed and located as follows: "A twenty-one inch (Zl ") diameter eanitary eewer commencing at an exhtin manhol in Eaet Jeffe reon Drive located at the approximat c nter line extend d of th alley between Pearl Str d and P nneylvania Street, thenc outheaeterly in Ea1t J CC reon Driv for a dietanc of pproximatel 9Z5 feet to a point on the ut line of ction 3, TSS, R6 W, located a p- proximately Z7Z {e eouth of h SE corn r of the NEt, NE !, Section 3, T S, R 6 W. '' hereby r queet a permit from h City of Englewood to conetruct th 1 nitar 1 w r lin a• d •cri d bo e. w o f t propo1 d pl n and pt'ohl r. U you n ed ny add1t io al 1nfor uon re&ard n thi1 matt r, plea• contact ue. Very truly youre, / 'i ) - ' • - • • Jeffy GIWII • -eo...,~ JohnJ.-. .-,_,.,. eo..., g w.,r-: .,._~0 -' -J . .....,O Clyol~ ~ Clllfllo s -~ e.,..._> z -.. Q ( Hoi--~~ _ ........ ! ~ol-~ o.old A. co.ott :t .,......~:; v..,.,~ • Clyol~.; _.. ~ Ctyafo.-. _H.....,.,.:; c:e,a~o.-c; ..... e:-· r.o.-= c..,~ .. Cllyafo.-Z .. L. • ~ Ctyafo.-~ ,..._w T• •-' Cly., ..,._ .. • Decermer 19, 197~. Mr. Kells Waggoner Director of Public Works City of Englewood 3400 South Elati Englewood, Colorado 80110 Dear Kells: • 0 • This letter is in response to your request for our review of the proposed sanitary sewer line in the vicinity of Clarkson Street and adjacent to Little Dry Creek. We appreciate the opportunity to review this proposal. We have reviewed the proposed sanitary sewer line for possible conflicts with the proposed 1q~rovements contained in "Major Drainage- way Planning, Little Dry Creek" dated February, 1974. The top eleva- tions of all proposed crossings of Little Dry Creek appear to be below the invert of the proposed channel. We would therefore have no objection to the proposed i~rove~~ents. If you have lf\Y questions concerning our conments, please feel free to contact me at any tiro . GO/ba c • • , • 0 • HENNINGSON, DURHAM & RICHARDSON, INC. t NC...INt f R''", • ARCHil/ ( I UPt • f'LANNfNC1 .a co' ·r~dn cor pore\lon December 3, 1975 • Mr. Kells Wagoner Public Works Director City of Englewood , 3400 South Elati Street Englewood, Colorado 80110 Dear Sir: Enclosed are two prints each of the area where we cross Little Dry Creek with our projected sanitary sewer mains. Also enclosed are two prints of our detailed drawings showing the concrete encasement of the sewer pipe under the Creek and cut-off walls to be used at each crossing. I£ you c ould please tranamit these to the Urban Drainage District for their review of the propoeed Little Dry Creek crouings, it will be appreciated. In my conversations with Pete Heye, it was indicated that this would be e ufflcient information for review by the U rban Drainage District. I£ any problems or queetions ehould arhe concernin thh matter, pleaee feel f ree to contact ue ae soon as poesible. Very truly yours, HENNINGSON, DURHAM&.. RICHARDSON, INC. OF COLORADO By X&st:. ~JY c : p c:. Ul 10 ct rc~ · o u~ •. • • , • 0 - City of Englewood • December 2, 1975 ·Mr. L. Scott Tucker Executive Director The Urban Drainage ' Flood Control District 181 E. 56th Avenue -Lucas Bldg. Denver, Colorado 80216 Dear Scott: 3.ao S. Elati Street Englewood, Colorado 80t 10 Phone (303) 761 -1 140 The City of Englewood has received a request for a permit to construct a sanitary sewer line in East Jefferson Drive just west of South Clarkson Street and adjacent to Little Dry Creek. Upon review of the plans, we noted that the proposed sewer line crosses Little Dry Creek several times in. the Cherry Hills area and were wondering if there could be a conflict between the sewer line and the proposed Little Dry Creek improvements as outlined in the McCall Report. We would be interested in your review comments. I have talked with Pete Heye of Henningson, Durham ' Richardson, Inc. (861-1300), and if you have questions concerning the sewer lin plans, he would be the one to call. Th District is anxious to proceed; therefore, your earliest reply would b a ppreciated, Sine rely, x;;~ w.~?n r Oir ctor of Public Works J(W/ls t:ncl • : 'l rint..J & 1.. r. c. 12-3 fron 1:0 ' • • , -"' • • 0 , . • I. TRODUCJ·D A A BILL BY COU:-JCWIAN A BILL FOR AJ ORnl."\.'ll.'J; GR:'\: ri 'G TO TilE CITY OF OIERRY HILLS ILLAGE ITATION D I S I l CT , ARA !'J\IIOE COU 'Y, COLORADO, l TS SUCCESSORS ,\,\'0 ASS 1 GNS , A Rl:\'OC..\BI.I~ 1'1 R.\ll r F R A I. ICE. SE TO E CROA0-1 IN A PORTION OF EAST JEFFER- SON DRI \E h'JTI I 0:--.IE 21 -I NCI-I DIN-liTE RS 1TARY SEl\'ER, SUBJEcr TO (:ERTAIN 'I FINS A:. D rD. DI T!O. S . BE IT 0Rl1.r\I NEO BY 11-IE CITY COUNCIL OF 11-IE CITY OF E 'GLE\~ D, COLORADO , S FOI.L WS: Se tion 1 TI1e City of rng lewood, a Colorado mw1icipal corporation, hereby gran ts to the Chy of Cherry Hills Village Sanitation District, a quasi- mun i cipal corpora tion, its successors and assigns, a revocable permit or 1i ense to ncroach with one twenty -one inch (21") diameter sanitary scKer line in a portion of Eas t Jefferson Drive, within the City of Fngle- wood , Sta te of Colorado, described as follows: c t i n Z Conmenci ng at an existing manhole at East Jefferson Drive located at the appro ·imate center line extended of the alley between Pearl Street and Peru1sy l ania Street, thence southea terly in Fast Jefferson Drive for a distance of approximately 925 f c t to a poi nt n t he cas t line of Se tion 3, To~nship 5 South, R: nge 68 West, located appro imately 270 feet outh of the southeast comer of th north a-t border, northca t quarter, Se tj n 3 , To~nship 5 South, R:m e 6 \\' s t. ·n1c n.c\'<X' hlc permit gran y th i rtlinanc is pre ly granted :m d ~uhjl to a h md 11 of th foll in t nn and onditi n : (a) • 1 • ,_ • • - 0 • . --====== ( • of the plans shm~i ng the exac t loca tion and di mensions of the encroachme nt s hall be filed with the Director of Public Works. (b) The licen see s hall pay all cos ts of const1<1ction nnd ma intenance of the 21-inch sanitary seh·er line within the areas of enc ro ach- me nt, and upon revocation of this permit , as provided here in, or upon aban donment, shall pay all costs of removing of sa id lines from the areas of encroachment and r e turn the street to its ori- ginal condition under the s upervi sion of the City Engineer. (c) 'The licensee shall bear all exp nse incurred by affected utilities in changing , repairing, removing or altering their i nstallation within the area of encroachment , or in the area adjacent thereto,if sa id changing , repairing, moving or altering are cau sed by con- s t ru ti on within the area of encroachmen t. (d) This revocable pennit , or license, shal l not operate or be con - s trued to abridge , limit or restrict the City of Englewood, a Colorado municipal corporation, in exercising its right to make full use of Eas t Jeffersoo Drive as a public thoroughfare, nor S'lall it operate to r es trict city utilities or utility companies in the ercise of their right to cons truct, remove , operate and ma intain their or its i ns tallation within the said s treet. (e) 'The lie nsce sha ll agree to indemnify and always save the City of F~gl ~~. a Co l o rado muni ipal corporation , harmless from 11 co ts, c l aims or damages arising out of the rights and privileges granted in this permit. (f) the li ensce , succes- -2 - • • - ( • • • --"""'--~ or companies approved by the Director of PubU c \l'o rks of the City of Englewood, and authorized to do business i n the State of Colorado; a certifj ed opy or certified copies of all such insurance policies s hall be filed 1vi th the Direc tor of Public Works and each such policy sha ll contain a statement therein or endorseme nt thereon that it will not be cancelled or ma- terially changed or altered without at least fifteen (15) days ' prior written notice, by certified mail to the said Director of Public Works, and if such policy or policies shall be for a specific term each such policy shall contain a statemen t therein or endor emc nt thereon that written notice of termination shall be given by registered mail to the said Director of Public Works at least fifteen (lS) days prior to the termination of the tenn; all such insurance policies sha ll be s pecifically endorsed to include all liability assumed by the licensee or permittee hereunder and shall name the City of F~glewood, a Colorado municipal corporation , as beneficiary. (g) The licensee sh all remove and replace any and all curb and gutter, sidewa lk and paving, both inside the areas of encroach- ment and in the areas of the streets adjoining thereto, that become broken, damaged or unsightly during the course of con- struction , without cost to the City of Englewood. The licensee shall , in repairing any street cuts, replace said cuts with a minimum of six inches of base ourse with three inches of as- phaltic concrete surfacing, said excavation to remain free from any settlement arising out of any su h work performed within the limits of the tren h. ~ tion 3 The li ensee shall in the future also remove, r place or repair any curb, gutter, sidewalk and paving that become damaged when in the opinion of the City Engineer the damage has been caused by the cavation and con truction within the area of encroach- ment without cost to the City. -3 -• , . . • • 0 • to be pr esent a t a hearing to be co nduc t ed by the Coun c il upo n such matters an d ther eat to present i~or the ir views and op i nions ther eon and to pre- sent for co nside r at i on action or ac tions alt e i~a tive to the r ev oc at i on of s uch lice nse or pe rmit. Sect ion 4 Th at this licens e or permit shall be of no fo r c e or e ffect until the following things have been done and performed: a) The licensee or pennittee shall have filed with the Director of Public Works a written acceptance of the te~ and conditions of this ordinance together with a fee adequate for filing with the Clerk and Recorder in and for the County of Arapahoe, State of Co l orado ; s aid acceptance shall be in substantially the fol - l owing f orm: Date: ________________________ __ We, the un de r signed, do hereby accept all of the t e rms and con - dit ions recited i n Ordinance No. ___ , Series of ------------- Signed by -~-~ (Pcrmi tt or Li nsee) By _____ __,=-- (Nameo l1 r b) The li ens ee o r peT'IIi t of Public Works all in r eci t e d; and c) The Director of the foregoing r Intr uced, r ad in full d y o f f bm ry, 1976. 1\Jbl i hed a Bill for 1 76. din -4 - iled with the DireL t or and c rtificat h r in in writing th t on fir t r din on t 2nd on tJ 4th y of Fb ry , •. ' • • - ( • 0 • f-1AYOR EX OFFICIO CI1Y 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 all Ordinance, introduced, read in full, and passed on first reading on the 2nd day of February, 1976. EX OFFICIO CITY CLERK-TREASURER . s . •. • • - ( • 0 I• • A SUPPLFMENT AGREf1.1ENT TO 11-IAT CERTAIN CONNECTOR'S AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , A COLORAOO MJNICIPAL CORPORATION, AND THE CITY OF OiERRY HILLS VILlAGE SANITATICl'l DISTRICT, A QUASI -t-IJNICIPAL CORPORA- TION , UNDER DATE OF JUNE 2, 197 5, RECORDED IN BOOK 23 68, AT PAGE 184 OF THE OFFICIAL RECORDS OF THE CLERK AND RECORDER OF ARAPAHOE COUNI'Y. THIS AGREfl.ffiNT, made and entered i nto by and between the City of Englewood, a Colorado municipal corporation (City), and Cherry Hills Village Sanitation District, Arapahoe County, Colorado (District); WHEREAS, the Cqnnector's Agreement between the parties hereto, under date of June 2, 1975, provides on page 2 of paragraph 2 thereof, as follows: "2. It is understood and agreed that no portion of con- nector's sewer line, constructed or to be constructed, wi 11 be within the boundaries of the city as the same now e ist, unless otherwise agreed by the parties." WHEREAS, the District desires to construct a 21-inch sewer main in a public right of way within the City of Englewood, to be located in East Jeffer on Drive, in order to connect a 21-inch sewer line to the City's se-ra e sy tern; and ~~~. th City agr s to permi the District to ins all said • • , - • • A SUPPLFMENT AGREFJ.ffiNT TO 1liAT CERTAIN CONNECTOR'S AGREEMFNI' BETWEEN THE CITY OF ENGLEWOOD, A COLORAOO MUNICIPAL CORPORATION, AND THE CITY OF CHERRY HILLS VILLAGE SANITATION DISTRICT, A QUASH·UNICIPAL CORPORA- TION, UNDER DATE OF JUNE 2, 1975, RECORDED IN BOOK 2368, AT PAGE 184 OF THE OFFICIAL RECORDS OF THE CLERK AND RECORDER OF ARAPAHOE COUNTY. THIS AGREEMENT, made and entered into by and between the City of Englewood, a Colorado municipal corporation (City), and Cherry Hills Village Sanitation District, Arapahoe County, Colorado (District); WHEREAS, the Cqnnector's Agreement between the parties hereto, under date of June 2, 1975, provides on page 2 of pa~agraph 2 thereof, as follows: "2. It is understood and agreed that no portion of con- nector's sewer line, constructed or to be constructed, will be within the boundaries of the city as the same now exist, unless otherwise agreed by the parties." WHEREAS, the District desires to construct a 21-inch sewer main in a public right of way within the City of Englewood, to be located in East Jefferson Drive, in order to connect a 21-inch sewer line to the City's sewerage system; and WHEREAS, the City agrees to permit the District to install said 21-inch sewer main within the public right of way in the City of Fngle- wood, Colorado; NOW, THEREFORE , in consideration of the promises and mutual covenants of the parties, it is hereby mutually agreed as follows: 1. Th Di trict shall be granted a revocable permit to encroach in a portion of East Jefferson Drive with one 21-inch ewer line, pursuant to terms and conditions expressly set forth in Ordinance No. __ , Series of 1976, adopted February __ , 1976. 2. The terms, provisions and conditions contained in Ordin c No. __ , ries of 1976, h 11 be bindina upon th ucc or -1 - •. ' • • , - ( • • and assigns of the parties hereto. DATFD TI-llS __ day of February, 1976. ATTEST: DIRECTOR OF FINANCE EX OFFICIO CITY CLERK -TRFASURER ATTEST: CITY OF ENGLEWOOD, COLORAOO By: t"~~v~a~R---~-------- CITY OF mERRY HILLS SANITATION DISTRICT, ARAPAOOE COJt>ITY, COLORAOO By: ~PhlS~~lD~ENT~----------- -2 - • • • -•. • • ROLL CALL "' ed s ded A Na Ab ta1 Ab t ov econ o.ye ~ s n sen W1Jl1ams J,/ ~ £--:llllltn v Jllann ~ JSrown v (.;_l_~on '-" - • • , • - 0 I • • ROLL CALL M ed S ded A Na Ab Ab ov econ ~e lY sta n sent W1111ams V' -r..tr7 -:ill11tn y / £,/ Mann J/ Brown v ~Jayton v I"NtWT' aylor ' • • • • - • to • ~~ ~#' ~1 / ;,~ /~ --/ 3-,P// Z,,~"' ~ ' .. ,..-1.-ROLL CALL 7 Moved Seconded Aye Nay Abstain Absent Williams v So vern -:.~1tn 1/ Pllann v -Brown v ~.;Jayton V' Mayor Taylor t-- • • • , • •. 0 l• • ROLL CALL Moved Seco d d n e A \Ve Nay Abstain Absent Williams Sovern ~ ~_!th Mann -Brown Clayton Mayor Taylor ~ ' -WL d ;,.... A4 _/ .. __:__ I ~ .. # ~ 7 ~ ,.._ , /" ,.,..~ 4. L "' ,/ .. '"" _s...,/'. .. /, / I .-•, -.,.. ;:. .. // l • ,. /... / .--.:~ ( -k--· / (" ~Vu ~ ,-l9.: .- e4,/ ~ .. --J i l t~ - ,.c. (..;" / / --.. --~" '-~ /c.. .A-/ /,~,(- / -/',/ ~/ iL-t:ilr:. ~,.,? ,/ , , ~ .,. /t: /3 .. ~/ /' /.~ ..... cl ,L' _ .......... • • t: . • -, 1 • • 0 I• ·, • ROLL CALL "' ed s OV d d econ e A 1ye Na IV A bsta n Williams ~ :,m1tn Mann Brown t;tayton r .b..., / ~·/t: __.---"' '"'? .... /, ;2 5 t--/;; l ~If..; ~~7 •. A bsent .......- .,..- ' • • , • -• . • • • • • Moved • • 0 • ROLL CALL Seconded Williams ~ sm1tn Mann Brown (;Jayton _,-or 1aylor 3 ~ / Aye Nav I . e t• Abstain A bsent .Y/ t ' - • • ' • 0 t• • --1 ROLL CALL Mov ed s d d econ e A 'Y_e_,.. Nay Absta 1n A bsent v W1111ams , ~ / -----;:,mnn _i"_L Mann v Brown v Clayton v _..... • • , • -. ~~ - ROLL CALL Moved Seconded A 'Ye Nay Abstain A bsent v Williams """ '5eftnl :.~1tn 6,/ P'lann v !,./ Brown .,/_ ~.;Jayton ,., • • -_. Mov ed v- d Secon ed Williams ~ :,m1tn Mann Brown Clayton • . . •. 0 t~ • o£. < ROLL CALL A ~e Nay Abstain Absent v y v y .... v • • , • • • 0 I• • Moved Seco d d n e Ave Nav Abstain Absent W1111ams ~ :i1111th Mann Brown t;Jayton ~~~at?.5,~ _,_... ¥~ :/ ~ ... .r ,o.:;: /? ..::;:;, ,__ ~ ~--~ ~ s. I ,.~r ~~ ~~7 ~tf'---,L~ f,l ~ .;-_i,./ ~ P., ,~~ y 4-, '"/ ?' , 'f' ~ :) ,. . ~ ~ eN~,,. •• ' 7 ~ .. "}~~ ~ __./( ..,..._ ,//r-;'~~# , / , ~ •. .. • • -, • • 0 - RILL CALL Moved Seconded Ave Nay Abstain Absent Williams y ~ :,m1tn v y Mann ;/ ~ tsrown v' Llayton I/ or ~ t:--?/d r ~ ~ ~~ .?-~ ~ sL-fZ---- rr~r//7 ~~0--~ --~--~ -tl' ' • • • • - Moved Seconded Ave Nay Abstain Absent W1111ams P" ~ Sll11th v v Mann ;/ .........-Brown 1/ Clayton L/ or ~/:--?fdr~/4---~~?--~ ~ S£JL--- rr~r~~~o/~ :;;--u~~ -ti' ) . . •. • • , • - t• • ROLL CALL Moved Seconded Williams Ave /Nav Abstain Absent ve !/ So vern -/ ~1tn "" .. / -l'lann j/6 ./ v i/' Brown v ·~ Llayton Vv l'layor Taylor .....- !1/1. -~~~ ~4,~/-f~/~ • • , • -• 0 • ROLL CALL M d S d d A N Ab ta1 Ab t ove econ e \.Ye ay s n sen Williams ~ So vern 1./ ;xnu _V _l'lann ~ Hrown _/" ~~on y _lllayor _raylor f./ • • • • • . • ROLL CALL M ed S d d A Na Ab taf Ab t ov econ e 1ye IY s n sen Wf l1 fams v So vern :.Jltn J,/ lilann v tsrown ,.,.- Llayton -fl'layor Taylor • • • I • 0 to • ROLL CALL Moved Seconded Aye Nay Ab 1 sta n Ab t sen W1111ams M¥ern :.11th Mann tsrown ~ayton I"MMYV1 t'-~ ~.0~ ~~ ~ £;_,/ _ __5;) t M---o ~-7! ~~?:£ ~~- b -:I'FP _, ~~ ~ ~-L_ f 7' /~"% t:P~ s~ -/dZ ~-£?//' ' . • • • , • ' ' • . 0 !• • -.-- ROLL CALL • • • • • • •. • t• • ROLL CALL Mov ed s ded econ A ~ye Nav Ab sta n Ab sent Williams v So vern ~.---~1th y I ./' Mann v Brown 1/ t:liYton v Mayor Taylor • • I -, • • • • 0 , • • -~ --=====-= - ROLL CALL Moved Seconded Ave Nav Abstain Absent L/ Williams i/ So vern ~ !11111th V' Mann V' Brown 7 1,;1avton J/ Mayor Taylor t£J-~,#~J;~ /'YJI~.A/~ M~I;/P?? ·- • • ' • 'I -•. 0 • ROLL CALL M ed S d d A Ab Ab ov econ e ~ye Nay sta n sent ......... Williams v Sovern ..,./ :,nn tn v Mann y' Brown .....- t;_l_ll!_On V"" Mayor Taylor " • • , • • 0 ,. • £ • • • I • • -•. 0 t• ·. • £ ROLL CALL d A A A Moved Secon ed ~ve Nay bstafn bsent 1./ Wf 11 fams / So vern v llll"lth v jllann v/ Brown v Clayton IL---"""" _l'llilyor Taylor • • , • • • £ ROLL CALL - Absent ~e.c:_ Nay Abstain =l I Seconded .!::::..J I Moved Wt!_ 1ams I So vern --~ ·" K r- _!ann v r--t,../' .L l -J l:::::::::... trown .J:::::::.. _l r- '-_l_~ton 1. r- ~yor _!_a)'10r t-- - - • • 0 (~ • ====-.c-=-~ ROLL CALL Moved Seconded ~e II.Y s n ~ Wf~lfams ~ So vern A Na Ab taf Absent ~~ ~ ~ _!!_ann ~ _Brown L ~ayton /,/ _l'l_~or ..!_~or -1_, ~ _./ ~.., P/-& -d-~ r ~- a~~~ _t:/-----7~ , . ' . • • , • . ' - 0 , . • --------------------=""'=~=--=-----...-..~L--------~-----. ROLL CALL M ed S dd ov econ e Aye Nay Abstafn Absent Wf_llfams v So vern t---:~m1tn ,... ~ Mann v Brown v ~;rayton _V Mayor laylor • • • • -• . . 0 , • • '· --~---~ ==~~----~~-------~------~ • Moved Seconded '\Ye !l' s v Wf 11 fams .... Na Ab tai So vern ~'!.!n .....- ~ann ~ _k"'_ Brown L'_ Clayton --_l'lqor 1ay1or ;p~~~~ Lx~ ~ t4.-..,a.._ e . - tD df--S-~ 71_, 'l'V~ J)~A/~ /~~~;~~ ~ :>- ~~------·" n Absent • • f • - 0 t• • -= __... - ' • • • • -·- 0 t• • ------- ROLL CALL A Na ov econ e \Ye lY s n sen v-Williams ...t:::::_ Sovern Ab ta1 Ab t ..t..::::::__ _SI!I1th _;/ ~nn ~ Brown _v Clayton J/ _M~or _Ia_tl_ or • • I • • - • t• • ROLL CALL Moved Seconded Abstain Absent ' • • I • -• • l• • ' Moved Seconded J; Wfllfams An Nay Abstain Absent v s-o vern ;)Ill en ""' ~ Mann v 1./ Bro.m v Clayton / Mavor Taylor ' • • , • -• 0 t• • ~--- ROLL CALL Moved Seconded Abstain Absent • • • ' • • - 0 , . • -~--- ROLL CALL Moved Abstain Absent • • 0 • ' • • • • '· ROLL CALL Moved Seconded Abstain Absent / ~--~ ~ ~JJ/Zth:/~~L ~ ~/,?? • • • , • • t, 0 I• • ROLL CALL Moved Seconded Abstain Absent or • • • • • . ' - • C• • ROLL CALL Mo ed s ded v econ ~e !.!. s n sen Wf.l!_fams ..!:':._ ~overn A Na Ab taf Ab t ~n ~ __!!ann L _!rown __!':_ ~~on ~ __l"'!l_O r _!_ l!l! or • • I • - • • 0 C• • -.G s~ ROLL CALL '-'1 ~ )1/~~~~ m (/ ~ Moved Seconded Abstain Absent t .$~ ~ €tt ' ~(;h tl--: ~':1 fL, ~ -ti. LM ~ ;____ ~__; /17J ~,_,a; ~~~ • • , • ; . -•. 0 I• • ROLL CALL M ed S d d ov econ e ~e I.Y s n sen WHlfams v A Ab t Na Ab taf 2_overn k _;:,ml_tn _1./ l'ann .JL' ./ Brown J/ J:.!.IYton _v l'!ayor _r_ ~or .. • • • • , • . ' • . • • . .. .. ROLL CALL ' • • • • • -• • i. --------=-=---"-"""- Abstain Absent • • • • I -"' • 0 I• • ROLL CALL Abstain Absent • • • ' ' - 0 t• - - ROLL CALL Moved Seconde~ Abstain Absent • • • , • -, • • • • t• • ~f4!1"-·~ ~tL-~~~ eL? - , . • . . . • , . . • • -• . ~~ • . . ---------..--·--- ~ ROLL CALL CJO :I-~ ~ /~ ~3 h ~ ~/~/f'?b. f7YL 1-f IA-v /1?1~ r Moved Seconded ~ v' A e Na Abstain Absent • • I • • .. -•. • t• • ------~l Abstafn Absent ' • • • , . - • • • t• • ROLL CALL Abstain Absent ~ ~ ~~ 7"~ h-t ~V7>~ ~. ( ~rrr~~ , . • • , • - 0 • RilL CALL • • • ' ' ' 'I • • • , • •. . , . • j/ ~ ~ .fl.>~ ROLL CALL tr/~ f/1// r Moved Seconded Abstain Absent • • • , . , - • • • t• • ~ M A{•rn-L CALL rti1 fi t ;;f rl;/if .v~~ ? ved Secondectl/t' dfl.. 7 'P g Na Abstain Absent c.~-a~~ ~~t:O~~ ~~. ' • . . . . . • • • , • -•. • , . • ROLL CALL H ed S ded A ov econ '.Ye Nay Abstafn Absent Wfl_lfams Sovern :.t1tn ~nn Brown Llayton ~yor Taylor ' • • • • • - 0 • . .. ROLL CALL • • 0 • • ' I - • t~ • ROLL CALL Mo ed s ded A v econ ~e W1l_l_11111S Na IY Ab ta1 s n Ab t sen Sovern ::.lllltn ~nn v arown I..I~On ~or _!l,l_lor • • • • • -•. 0 , • • ROLL CALL M ed S ov d d econ e A ~e Williams Na IY Ab sta n Ab sent Sovem ~~ ~nn BrC*n l.l&)''tQn ~or _!~or • • • CITY COUNCIL MEETING February 2, 1976 • 0 .. Agenda Item 6c -Memorandum from the Assistant City Manager to the City Manager concerninq towing services in the City. McCown: • - Smith: n : f h : • • 0 • Page 2 would license the firms, set up some maximum charges that the firms could make for distances and this type of thing, and that we would use the rotating list of licensed contractors or licensed towing services to provide the pickup of these various vehicles that are involved in accidents. So what would happen is our communications division would have a list of towing contractors and for each wreck they would go down that list and call the next one on the list to go out to the scene of the accident. All these people would then have to be licensed and they would have to conform to the rates that are established by the City. Right now we have no rate regu- lations at all. We have not included any ordinance on this. We thought perhaps you might wish to discuss it further. And, of course, the proper action if you are in agreement with the report is that you would have to have the City Attorney prepare an ordinance. Apparently, I don't see any question primarily about our getting out of the type of contract we have because it is a contract situa- tion where we get our towing for nothing. My major question comes in on page 3. Apparently he feels, on page 3 item 2, that an ordinance of that type is illegal. I think the first thing we need to do is direct the City Attorney to find out if it is, to stop a towing truck from going out and actually soliciting business at the scene of an accident and to find out if that kind of ordinance is feasible . Next, under item 3, I don't think that item 3-D indicates that we ought to regulate charges. I think that 3-E says that we are not goi ng to recommend the firm or put them on that rotating list unless the charges are in conformance with what we think are reasonable. I doesn't indicate to me, maybe somebody else could interpret it different, but it doesn't indicate to me in 3-D that. It says "acceptable charges as establish@<! by the City Manager or his designee ". It does not say that we are going to set up charges that wrecking companies can charge but only charges that we would recommend if we were going to recommend hem on a rotating basis. We are not going to set up a fee that says all wrecking ca.panies in En glewood can only charge so much . We are saying we are not goi ng t o recommend t hem unless they are wi thin a reasonabl e and accepta ble amount . I think tha t i s what we are sayin g. Am I correct fn ass f n t hfs? t you 1r saying 1s t hlt w should stay out of t p filly n 1t c~s to s t f nq pr fc s. fnq bu s f n ss, ' • • , • • 0 .. Page 3 McCown: They would not only be not recommended, but we probably wouldn't license them. Smith: And their response time as well. Well, I don't know how far we can go with that. Clark : I think you have a lot of legal problems there, constitutional problems. You are interferring with the business, the free enter- prise. I don't think that you can control the rates, and I don't think you can legislate an ordinance that says that --I believe that question was concerning unless you comply you cannot go out and do business on this highway. You are talking about highways that have a certain amount of federal involvement. So you are talking about whether or not the City can legislate with respect to that. Whether it would be a constitutional legislation. I think you would have a heck of a fight. Smith : I would really like to take these one at a time if we could. I think we would eliminate mass discussion. If we take Item 1 that is the City contract. McCown : Could I make a suggestion. We are not in any way su~gesting tonight that you adopt this. Smith: No, I understand that. McCown : I think a simple request of the City Attorney to rev i ew this and perhaps prepare an ordinance that would be in line with whatever regulations. Smith : That is why I want to take them one at a time. I think we have some different requests . Clayton: If we are going to take them one at a time, I am going to recognize the gentleman in the audience. If you want to speak sir, we need you to come to the mike and tell us who you are and where you are from. Clothier: I'm Sam Clothier of Bob's Auto Service. I ha ve talked with the Chief about this and I am in favor of something like this. I talked to the Assistant City Manager about making some kind of resolution or ordinance. What you ar looking at, for example at th first of the year in Phoenix, Arizona th Attorney General filed a law suit on the cities for setting owing pric~s. You cannot set your ow price. You would b in comp titive biddinq. Now I real17e h r has got to b a regulation on price some way. You can set a maxi where anything under th t is acceptable, but you cannot set a to price. This is what the At orney General there is sa ing an y. S condly, on this ch sing, bu he was talking about s tt1ng an ordinanc , what w call chasing, that nt to th Supr Court in 1960 I be11ev bu I don't r b r th xact dates. And 11 just m n 1oned, it was ov rruled b cause of th fact that it is fr enterpris . But now th r ar ys of 9 ting around ft . • ....... • • 0 .. Page 4 Clothier: (cont .) have been in on it myself and everything else. But I am agreeing that there needs to be some kind of rule set up. Now I am a member of Western States Towin g Association, and right now I am going to the City of Aurora wi th another member to get their ordinance. We have a law suit pending on the City of Lakewood, City of Aurora, and City of Denver. We are going to the Attorney General first in the way they are running their licenses. Every- body has a different ordinance, every City has a different ordinance. What they are doing, we are running under PUC, we are running under the City of Denver license, Aurora, and I towed under Lakewood's license up until the 15th of November. Everybody has a different set of rules, so the trucks have to have a million pounds of equip- ment. Everybody's rules are conflicting, and what we are trying to get in the towing business is for everybody to run under PUC regulations. If they would enforce PUC like the State Patrol does there would be no problems. eut half the trucks on the road do not conform to PUC, and i f i t would be enforced like the State Patrol does they wouldn't have to set their own ordinances there for PUC . As far as the equipment, trucks passing specifications, and so on . But as far as your own ordinance on bidding on towing the junkers, as we call them, and the City police cars and stuff like this, it does need to be separate I 'll agree with that . Mann : Don 't you, if you bid on Denver's t ow i ng fo r instanc e , do n 't you hav e t o meet a certai n deg ree of sp ecifications that Denve r puts up? Cl othier : Ri ght. This is wh at par of the l aw suit is on. They ha ve a t ow i ng l icen s e r equi r ement in Denver wh ich i s diff eren t f r om PUC. Lakewoo d ha s one which is differen t from the other two. Au rora now has one wh ich fs different from the other three . So ev er ybody ha s to go down th lts and equip your truck each way . Th is year it cost~ 300 o license y rue in Denver, and th is 1s wh a we are ge fng at. Ffrs f you know it wfll co s t 12 ,0 jus o license your truck so you can r un i n the metro area . Mann: The you hav D v r co rae no ? Clothf r: No. Clark: I t in you hav a qu st1on o your const1tutfona11ty of the ordi- nance. It's just no 1 fafr r pr senta ton of wha should b done, and I htn h r fs a lf ft to far a City can go wfth r spect to hat b aus yare d altng wf h not jus Dartmouth Avenu but th y ar d lfng wft roads ou h re tha ar re fnvol ed wft th federal qover n • Clothier: Th y say th Cfty can control what goes on tnsfd th City lfmtts. Clar : You 1 ht r ulat wha Oxford or s hfng 11 Clotht r: Rf h , bu you ar g tttn ou of your jurtsdtctfon • • • • Clark: • 0 t• - Page 5 Right, so then you are talking about instead of, like Denver they have an interstate running through there, you see what I mean. And Aurora is somewhat involved with Interstate 70. So you are talking about federal. Clothier : You get into ICC and that don't effect us in any way. Clayton: We obviously have some problems here that need further study. Smith: I would like to make a motion that we direct the City Attorney to take Item No. 1, page 2, and bring back to City Council by the meet- ing of March 1 concerning his opinion if PUC regulations are pro- tective enough for the City of Englewood; and also his recommendation concerning a new City contract to be let on our own towing separate from any recommendation to accident towing. Mann: Second . Clayton: Any other discussion? Mann: I have a question of the City Manager. Do we have a contract, well we have a contract now that has been extended for ninety days with Harvey Park, is that correct? McCown: Yes. Mann: Let's go back to originally when we let the contract. How long ago was that? McCown : I don't really know. ollenberger: About a year. We had up to a one year renewable option. Han : Wa s that the first contract that we ever let to a towinq company? Who do we usually use and have we lef it open for competf ive iddi ng in t he past? ollenberger: The previous bid was received by Bo 's Auto. ann: I see, so every year it fs a corpetftive bidding process? ol1 nberg r: It fs not an annual bid. It is either a two or thr year type bid. as I recall. When s the last y ar of your contract? Clo fer: Dec ber ... Harvey Par took over ecember 15 or so of 1974. Mann : 1 h: In this info tion that is coming for us I would 11 to g a copy of that previous contrac • sp tally th qualfffca ions. jus for b ckground information. ajor pro 1 is that ar 9 ttfng fnq for nothing ndfng an auto finn. nd that 1s a probl fn cr f ab1lf y n us and th peop1 . ' • • t ....... • • 0 Page 6 Mann : Definitely. Clayton : The City Clerk will read that mot i on . James: Smith: James : Clark: Smith: Motion to direct the City Attorney to take Item 1, page 2, and to determine if the PUC regulations are protective enough for the City and to report back to City Council on the March 1 re gular meeting. We forgot the portion concerning the existing contract. That is Item 1 on Page 2? Then there was another one on there about the new contract. To point out if the PUC regulations are protective enough for the City, and to also recommend at that same meeting a new contract for towing services for the City of Englewood only. Clayton: The Clerk will call the roll. James: Councilman Brown? Brown: Yes . James : Williams? Williams: Nay. James : Smith? Smith: Aye. Jame s: Mann? Mann: Yes. Ja~es: Mayor Pro Tem Clayton? Clayton: Yes. James: Four ayes, one nay, our honor. Clayton: Motion is carried . Willia s: I think w have so ny aspects h r hat astfnq our t1 any motions concerning this particular field r1q t re. I thin should have an investigation or have he City A torn y's offic ge with th PUC or somebody to straight n this hin out so can c 1n with a decent ion to e a d n con ract. Clay on: Wha you are ask1 for is •.. W1111 s: it goin h r that I don't • • ' • • 0 - Page 7 Smith : That's why I only took the first one. Williams : I think we could make a motion to take care of everything instead of one by one on this thing. Clayton: Counci l man Smith, does your motion exclude the City Attorney for investigating any part of this report. Smith : No, I didn't include the rest of it, because the first thing we need to do is straighten out the City of Englewood. We need to get out of that contract and get another one. Williams: I don't think the color of a truck is going to make any difference. Smith: No, that's not what I said. Williams : It included Item 1 on Page 2. Smith: Well, Item 1 on Page 2 doesn't say anything about the color of the truck. Williams: Then what am I looking at? Item 1 on Page 2 here says, oh, I am at the top of the page, and you are talking about the bottom. Smith : Under the "Proposa 1 ". Williams : Oh, ok . Clayton : Councilman Williams, would you like to be included as votin g "aye" on that last motion? Will i ams : Yes, I guess I do now . Clayton : If I don 't here any ob j ecti ons from any other Coun cilme n. Ma nn: I obj ec t . Cla yton: Ok, t hen we will leave it l i ke it is . Ma nn: This is al l ou t of order. The vote wa s carried. Clayton: Ok. This wi l l be back to us on March 1. Then it is th intent of th Council that the motion have a broad interpreta ion as to informa- tion? ith: I think we need another motion to look at 2 and 3. Clayton: 0 , would you like to make another motion? 1th: I would lik to ke a motion that It s 2 and 3 on pag 3 b referred o he City Attorn y for constitutiona lity as 11 s any rec ndatfons o b returned to Cfty Council on March 15. Mann: Second . • • • • 0 , . ·, • Page 8 Clayton: Any further discussion? Williams: I believe the City Attorney told us that to make an ordinance like this we are interferring with private enterprise. Clark: I believe that, yes. Mann: The motion was to ask for a formal opinion. Williams: Why can't we do this all at one time? Clayton: We very well could. Mann: That's what we are trying to do. Williams: Well not one by one . It isn't necessary. Clayton: Councilman Williams, I agree with you. This just happened to come out in two motions instead of one. And I agree with you that it could all have been in one. Smith: Mr. Mayor Pro Tem I disagree, because if we take them all in one then we are not going to get out of the existing contract by February 29 . Clayton: We are not going to an~y. Smith: Yes you are, because you only extended it for ninety days so you better get out of it by February 29. Clark: You see, I don't see how you can stop anybody f~ soliciting their towing service. Smith: I don't think you can either, but I think we need to know that other than jus t sitting here talking about it. Clayton: We have a MOtion on the floor, and if there is no further discussion I will call on the Clerk to call the roll. James: Councilman Brown? Brown: Yes. Ja s: Willi s? W11lia s: Ay . Ja s: Smith? 1th: Ay. J s: Hann7 Mann : y s. • • , • • 0 Page 9 James: Mayor Pro Tern Clayton? Clayton: Yes. James: Five ayes, two absent, your honor. Clayton: The chair declares the motion carried. Clothier: Your honor, could I say something else on this? As a member of the Towing Association, and like I say they are going after all the Cities, I would give somebody all the information I have on what they are going to sue them on, what grounds they have according to the Attorney General and so on. If it would help you in any way with what you are trying to put together. Clayton: Would you contact the office of the City Attorney at your earliest convenience and make the information available for our City Attorney to work with? Clothier: Yes. Clayton: You have the number of City Hall? Clothier: Oh yes. Clayton: The girl on the switchboard will put you in contact with the right people. Clothier: Ok, I have all the stuff we have gathered up from PUC and lakewood and all the ordinances around so he can compare them. Clayton: Well I ~ quite sure the City Attorney would like to have this information. Clot ier : I think it ~uld save a lot of loopholes. I think t biggest probl the Chief is getting at is within t City. Clayton: Ok, thank you. •. ' • • I ,. • • - CITY COUNCIL MEETING February 2, 1976 Agenda Item 6c -Memorandum from the Assistant City Manager to the City Manager concerning towing services in the City. I• McCown: Part of the problems we have been receiving on this are -one, we have been getting quite a few complaints. The Chief has gotten some, and I have gotten one recently which was a fairly serious complaint. And we have been receiving these throughout the existence of the contract according to our Chief. He feels that .another problem that we are possibly having is the fact that we ·are not charged for the towing of our vehicles nor the towing of the abandoned vehicles, and that these costs that the company is out are then being made up in costs to the citizens when that citizen has to avail themselves for this particular service. Because the way our ordinance is written right now there is no control on the type of charges that can be assessed to a citizen. So he feels that one way or another the company is making up the charge when they pick up a citizen's car. There are some other problems invol ved, but the Chief is recommending that we go to a type of contract or to an ordinance that would authorize the type of contract that was in existence and is in existence in the City of Lakewood where he previously worked. Essentially, this con- tract would do several things. One, it says that we would like to contract for the City towing services to pick up the City vehicles, abandoned vehicles, and so on. separate from any service that is provided to individual citizens. In other words, it would not lump into that contract the provision that there would be a sole company that we would call to pick up a citizens car in the case of an accident. He jus t wants to have a separate contract and a separate bid that provides for the tow ing of City vehicles. Right now this is done for nothing in exchange for the exclusive right of answering our accident calls. And so th natural result, of course, is that it is going to cost us more .oney than it is costing us right now. But we feel that this .auld be a .ore fair and equitable way in which to handle this probleM. Secondly. h fe ls that should, in our ordinance that City Council would consider and hopefully adopt, make 1t unlawful for the sol1ticat1on of towing bus1n ss by any person driving a r k at th sc n of a traffic accident. Th r ason h has put this in 1s aus av xp r1 need in s occasions n hav call d our k r c any and oth r compani s hav responded al o and g t into situation wh r actually hav finas c pe i to haul t car off. In on particular case which h recit s 1n his report, t r r about s v n wreck rs out at th sc ne of this accid and h iddin for th car o o bad that t Polic 0 par n d to r a up t goin to b a fi h bet v ral of t driv rs. H f ls hat th w y t towing s rv1c s ould be for ci h ns 1s t at hould s up a rota 1ng basi r ... - Smith: • - Page 2 would license the firms, set up some maximum charges that the firms could make for distances and this type of thing, and that we would use the rotating list of licensed contractors or licen se d towing s ervices to provide the pickup of these various vehicles that are involved in accidents. So what would happen is our communications division would have a list of towing contractors and for each wreck they would go down that list and call the next one on the list to go out to the scene of the accident. All these people would then have to be licensed and they would have to conform to the rates that are established by the City. Right now we have no rate regu- lations at all. We have not included any ordinance on this. We thought perhaps you might wish to discuss it further. And, of course, the proper action if you are in agreement with the report ~s that you would have to have the City Attorney prepare an ordinance. Apparently, I don't see any question primarily about our getting out of the type of contract we have because it is a contract situa- tion where we get our towing for nothing. My major question comes in on page 3 . Apparently he feels, on page 3 item 2, that an ordinance of that type is illegal. I think the first thing we ,_ need to do is direct the City Attorney to find out if it is, to stop a towing truck from going out and actually soliciting business at the scene of an accident and to find out if that kind of ordinance is feasible . Next, under item 3, I don 't think that item 3-0 indicates that we ought to regulate charges. I think that 3-E says that we are not going to recommend the firm or put them on that rotating list unless the charges are 1n conformance with what we think are reasonable. It doesn't indicate to me, maybe somebody else could interpret it different, but it doesn't indicate to me in 3-0 that. It says "acceptable charges as established by the City Manager or his designee". It does not say that we are going to set up charges that wrecking companies can charge but only charges that we would recommend if we were going to rec011111end them on a rotating basis. We are not going to set up a fee that says all wrecking companies in Englewood can only charge so much. We are saying we are not going to recommend them unless they are within a reasonable and acceptable amount . I think that is what we are saying. Am I correct in assuming this? Mann : What you ar sayinq 1s that should stay out of t tow1ng busin ss, specially en it comes to s tting pric s. ith: W 11, I don't think 1t says that thouqh. I thought by Andy's explan- ation that yb we w re loo 1ng at setting rate charges for towing s rvic s in Engl wood . I don't thin that that is what this request says. It says that ar not going to recommend that towing f1nn on a rotating basis unl ss th y ar within what cons1d r a r ason - abl charg • • • • • 0 .. Page 3 McCown: They would not only be not recommended, but we probably wouldn't li ce nse them. Smith: And their response time as well. Well, I don't know how far we can go with that. Clark : I th i nk you have a lot of legal problems there, constitutional problems. You are interferring with the business, the free enter- prise . I don't think that you can control the rates, and I don't think you can legislate an ordinance that says that --I bel i eve that question was concerning unless you comply you cannot go out and do business on this highway. You are talking about highways that have a certain amount of federal involvement. So you are talking about whether or not the City can legislate with respect to that. Whether it would be a constitutional legislation. I think you would have a heck of a fight. · Smith: I would really like to take these one at a time if we could. I think we would eliminate mass discussion. If we take Item 1 that is the City contract. McCown: Could I make a suggestion . We are not in any way suggesting tonight that you adopt this. Smith : No, I understand that. McCown : I think a simple request of the City Attorney to review this and perhaps prepare an ordinance that would be in line with whatever regulations. Smith : That is why I want to take them one at a time . I think we have some di fferent requests . Clayt on: If we are going to take theM one at a time, I am going to recognize t he gentleman in the audience . If you want to s peak sir, we need you to come to the mi ke and tell us who you are and where you are from. Clothier : I' Sa Clothier of Bo b 's Auto Se rvi ce . I have talked with the Chief abou t th i s and I am in favo r of some t hi ng like this . I talked to th Assista nt City Manager about making some ki nd of r es oluti on or ordinance. What you ar looking at , fo r example at the f i r st of t y r in Pho nix, Arizona th Atto r n y Gen ral filed a l aw s uit on t citi s for setting towin pricts. You can not set your t ow pric • You would be in c~p titiv b1dd1 • I realize there has got to be a regulation on price some y. You can set a maximum r anything und r that 1s acceptable, but you cannot set a t ow price. This 1s at t Attorney G n ral th re 1s saying anyway. 1 ' - • • ,_ 0 : . • Page 4 Clothier: (cont.) have been in on it myself and everything else. But I am agreeing that there needs to be some kind of rule set up. Now I am a member of Western States Towing Association, and right now I am going to the City of Aurora with another member to get their ordinance . We have a law suit pending on the City of Lakewood, City of Aurora, and City of Denver. We are going to the Attorney General first in the way they are running their licenses. Every- body has a different ordinance, every City has a different ordinance. What they are doing, we are running under PUC, we are running under the City of Denver license, Aurora, and I towed under Lak~~od's license up until the 15th of November. Everybody has a different set of rules, so the trucks have to have a million pounds of equip- ment. Everybody's rules are conflicting, and what we are trying to get in the towing business is for everybody to run under PUC regulations. If they would enforce PUC like the State Patrol does there would be no problems. But half the trucks on the road do not conform to PUC, and if it would be enforced like the State Patrol does they wouldn't have to set their own ordinances there for PUC. As far as the equipment, trucks passing specifications, and so on . But as far as your own ordinance on bidding on towing the junkers, as we call them, and the City police cars and stuff like this, it does need to be separate I'll agree with that . Mann : Don't you, if you bid on Denver's tow i ng for instance, don't you have to meet a certain degree of specifications that Denver puts up? Clothier : Right. This is what part of the law suit is on. They have a towing license requirement in Denver which is different from PUC. Lakewood has one which is different from the other two. Aurora now has one which is different from the other three. So everybody has to go down the list and equip your truck each .ay . This year i t cost me $300 to li cen se my tru ck in Denver, and thi s i s what we are getting at . Fi rst thing you know i t will cost $1 2 ,000 just to l ic ense your truck so you can r un i n the ~tro area. Mann : Then you have the Denver contract no w? Clothier: No. Clark: I think you have a question on your co nsti t utionality of the ordi- nance. It's just not a fair representation of what should be done, and I think there is a limit to how far a City can go with respect to that because they are d aling with not just Dartmouth Avenu but they are dealing with roads out here that are more involved with th federal government. Clothi r: They say the City can control what goes on inside th City limi t s. Clark: You might regulat what goes on h r at East Dartmouth or W st Oxford or something lik that, but wh n you get on Int r tate 25 or som of th others, Interstate 70 or something lfke that, you are tal ing about a diff r nt ball ga Clothf r : Right, but you ar g tting out of your jurfsdfctfon • • • • Clark: • 0 I• • Page 5 Right, so then you are talking about instead of, like Denver they have an interstate running through there, you see what I mean. And Aurora is somewhat involved with Interstate 70. So you are talking about federal. Clothier: You get into ICC and that don't effect us in any way. Clayton: We obviously have some problems here that need further study. Smith: I would like to make a ~tion that we direct the City Attorney to take Item No. 1, page 2, and bring back to City Council by the meet- ing of March 1 concerning his opinion if PUC regulations are pro- tective enough for the City of Englewood; and also his recommendation concerning a new City contract to be let on our own towing separate fra. any recommendation to accident towing. Mann: Second. Clayton: Any other discussion? Mann: I have a question of the City Manager. Do we have a contract, well we have a contract now that has been extended for ninety days with Harvey Park, is that correct? McCown: Yes. Mann: Let's go back to originally when we let the contract. How long ago was that? McCown: I don't really know. Nollenberger : About a year. We had up to a one year renewable option. Mann: Was that the first contract that we ever let to a towing company? Who do we usually use and have we left it open for conpetitive bidding in the past? Nollenberger: The previous bid was received by Bob's Auto. Mann : I see, so every year it is a competitive bidding process? Noll nberger : It fs not an annual bid. It is either a two or thr year type bid, as I recall • McCown : When s th last year of your contract? Clothi r: Dec ber ••. Karvey Park took over December 15 or so of 1974. Mann : ith: In this information that is coming before us I would like tog t a . copy of that previous contrac , specially the qualfffcatfons, just for background infoMmttfon. I thin a jor probl 1s that •r getting towing for nothfng by r c nding an auto ffn~~, and that is a probl fn credftab111ty b t n us and th p p1 • • • , - • • 0 I• - Page 6 Mann : Definitely . Clayton: The City Clerk will read that motion. James: Smith: James: Clark: Smith : Motion to direct the City Attorney to take Item 1, page 2, and to determine if the PUC regulations are protective enough for the City and to report back to City Council on the March 1 regular meeting. We forgot the portion concerning the existing contract . That is Item 1 on Page 2? Then there was another one on there about the new contract. To point out if the PUC regulations are protective enough for the City, and to also recommend at that same meeting a new contract for towing services for the Ci ty of Englewood only. Clayton : The Clerk will call the roll. James : Councilman Brown? Brown : Yes . James : Williams? Will iams : Nay . James : Smith? Smith : Aye . Jam es: Mann ? Ma nn : Ye s. Ja s: Mayor Pro Tem Clayt on ? Clayton: Yes. James : Four ayes, one nay. your honor. Clay on : Motion is carried. Will i s : I thin w have so ny aspects h re that are sting our time wi th Clayton : Willi any motions cone rn1ng this particular field right h r • I think we should have an investigation or have the Ci t y Attor ney's office ge t with t PUC or s body to straight n t his thing out so we can come 1n with a d nt mo ion to ~k a d ce nt contract. t you ar as 1ng for is ••• have got o Many it t's go1n on. going h re that I don't • • , • • 0 ., • Page 7 Smith: That's why I only took the first one. Williams: 1 think we could make a motion to take care of everything instead of one by one on this thing. Clayton: Councilman Smith, does your motion exclude the City Attorney for investigating any part of this report. Smith : No, 1 didn't include the rest of it, because the first thing we need to do is straighten out the City of Englewood. We need to get out of that contract and get another one. Williams : I don't think the color of a truck is going to make any difference. Smith: No, that's not what I said. Williams: It. included Item 1 on Page 2. Well, Item 1 on Page 2 doesn't say anything about the color of the Smith: truck. Williams: Then what am I looking at? Item 1 on Page 2 here says, oh, I am at the top of the page, and you are talking about the bottom. Smith: Under the "Proposal". Williams : Oh, ok. Clayton: Councilman Williams, would you like to be included as voting "aye" on that last motion? Williams : Yes, I guess I do now. Clayton : If I don 't here any objections from any other Councilmen. Mann : I ob ject . Clayton : Ok, then we will leave it like i t is . Mann: This is all out of ord er . The vo te was carried. ,_ Clayton: Ok. This will be back to us on March 1. Then it is the intent of the Council that the motion have a broad 1nterpretat1on as to 1nfo~- tion? Smith: 1 think we need another motion to look at 2 and 3. Clayton: Ok, would you like to make another motion? Smith: 1 would like to mak a motion that Items 2 and 3 on page 3 b r ferred to th City Attorn y for const1tutiona11ty as 11 as any rec~ations to b returned to City Council on March 15. Mann: Second. • • , - • • • 0 , . • Page 8 Clayton: Any further discussion? Williams: I believe the City Attorney told us that to make an ordinance like this we are interferring with private enterprise. Clark: I believe that, yes. Mann: The motion was to ask for a formal opinion. Williams: Why can't we do this all at one time? Clayton: We very well could. Mann: That's what we are trying to do. Williams: Well not one by one. It isn't necessary. Clayton: Councilman Williams, I agree with you. This just happened to come out in two motions instead of one. And I agree with you that it could all have been in one. Smith: Mr. Mayor Pro Tell! I disagree, because if we take them all in one then we are not going to get out of the existing contract by February 29. Clayton: We are not going to anyway. Smith: Clark: Smith: Yes you are, because you only extended it for ninety days so you better get out of it by February 29. You see. I don't see how you can stop anybody fro~~ soliciting their towing service. I don't think you can either, but I think we need to know that other than just sitting here talking about it. Clayton: We have a motion on the floor, and if there is no further discussion I will call on the Clerk to call the ro 11 • James : Councilman Brown? Brown : Yes. Ja s : Willi s? W1ll1a111 Ay . Ja s : Slnith? Smith : Ay. J Mann? Mann : y s . •. ' • • , • • • Page 9 James: Mayor Pro Tern Clayton? Clayton: Yes. James: Five ayes, two absent, your honor. Clayton: The chair declares the motion carried. Clothier: Your honor, could I say something else on this? As a member of the Towing Association, and like I say they are gofng after all the Cities, I would give somebody all the information I have on what they are going to sue them on, what grounds they have according to the Attorney General and so on. If it would help you in any way with what you are trying to put together. ' Clayton: Would you contact the office of the City Attorney at your earliest convenience and make the information available for our City Attorney to work with? Clothier: Yes. Clayton: You have the number of City Hall? Clothier: Oh yes. Clayton: The girl on the switchboard will put you in contact with the right people. Clothier: Ok, I have all the stuff we have gathered up fr011 PUC and lakewood and all the ordinances around so he can c0111p1re th•. Clayton: Well I .. quite sure the City Attorney would like to have this infol"''lllt1on. Clothier: I thfn ft would save a lot of loopholes. I thfnk the biggest probla. th Chief fs getting at fs wfthfn the City. Clayton: Ok, thank you. • . • • ' ....... , • • CITY COUNCIL MEETING -February 9, 1976 Special • .. • 0 • • • AGENDA FOR THE SPECIAL MEETING OF THE EN GLEWOOD CITY COUNCIL FEBRUARY 9, 1976 7:30 P.M. Call to o rd er and roll call. 1. Publi c Hearings . I• (a) Ordinance on final reading amending the Comprehensive Zoning Ordinance of the City of Englewood by creating a new residential district to be entitled "R-2-C medium de nsity residence district", defining the same , establishing permitted principal u s e s, minimum lot area, minimum floor area, maximum percentage lot coverage, minimum landscaping , minimum frontage of lot, maximum height of building, minimum front, side and rear yards, minimum off-street parking , and authorizing accessory buildings and permitted accessory uses; and declaring and emergency. (Copies enclosed.) (b) Ordinance on final reading rezoning a parcel o f land within the City of Englewood, Arapahoe County, State of Colorado, from R-3 high density residence district, to U-1 business district , and amending the o ffici al zoning map accordi~gly. (Copies nclosed.) 2 . C )mm m ic tio ns -Ac ion Recommended. l ) Me mo randum to the City Manager from th Ac 1ng Director of Communit ~ D velopm nt con c erning decisions rendered by he Board A justments an Appeals. (Previou ly t ' nsmitt e in the February 2 , 1976 Co unc 11 ke .) 3 . A j .rnm n t. • • t - • • .· I• - INfROIX.JCED AS A BILL BY COUNC I LMAN BRO.'/N BY AU1l-IORI1Y ORDINANCE NO._~, SERIES 1976 AN ORDI!~Wl:E AMENDING TI1E CCMPIIDIENSIVE ZONING ORDINANCE OF TI1E CI1Y OF ENGLEI'KX)D, COLORADO (ORDINANCE NO. 26, SERIES 1963, AS AMENDED), BY CREATING A NEW RESIDENTIAL DISTRICT TO BE ENTITLED "R-2-C MEDIUM DENSI1Y RESIDENCE DISTRICT", DEFINI G TI1E SAME, ESTABLISHING PEJU.UTTED PRINCIPAL USES, MINIMJM LOT AREA, MINIMJM FLOOR AREA, MAXIKJM PERCENT - AGE LOT COVERAGE, MINIMJM LANDSCAPING, MINIMUM FRONTAGE OF LOT, MAXI- MUM HEIGIT OF BUILDING, MINIKJM FRONT, SIDE AND REAR YARDS, MINIM.J-1 OFF-STREET PARKING, AND AI.J1llORl ZING ACCESSORY BUILDINGS AND PERMITTED ACCESSORY USES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY 1HE CT1Y COUNCIL OF TI1E CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That the Comprehensive Zoning Ordinance of the City of Englewood (Ordinance No. 26, Series 1963, as Amended), is hereby rurended by adding a new sec tion to be m.lllbere d ction 22.4-7, entitled "R-2 -C , Medit.Dn Density Residence Distric t", o read as follows : 22 .4 -7 R-2-C Medium Re siden Di s tric t This District provides essentially for a transition froa single-faaily areas to areas of a higher intensity of us such as high density multi-family or commercial areas. The r gulations for this District ar designed to stabiliz and protect th e ential character! tics of the District, to pro- act and ncourage a suitabl n ironm nt for family lif and to prohibit activities of a n ral co .. ercial nature exc pt /c:L-- c rtain Ho• Occupations, which ar controlled by specific li•itation ov rnin the iz and xtent of such non-r aid ntial activit! To these end , this D strict is prot ct d a ain t ncroac~ nt of en ral co .. rei 1 or industrial us whil th r gulation permit development consi tent with th concentra- tion of p rsons and land valuation in th area . Per.itted Princ ipal Us ar 1 mited to singl and two-family dw llin s, r 11 ioue and ducational institution , and certain ace ory th r to, plus c rtain fa c iliti which provid rvice to id nt of th ar a • 1 • • • ' - • • • 0 ,. - b. Permitted principal uses • (1) Single-family dwelling (2) Two-family dwelling, with at least one party wall and under a common roof . . (3) Religious institutions. (4) Educational institutions. (5) Public facilities, such as public buildings, electric substations, and gas regulator stations. (6) Day care centers. c. Minimum area of lot. (1) Single-family dwelling ••••••• 6,000 sq. ft. (2) Two-family dwelling •••...•.•• 6,000 sq. ft . (3) Day care centers ••.•.••.••.•• 6,000 sq. ft. (4) All other permitted uses .••• 42,000 sq. ft. d. Minimua floor area. (1) Single-faail) dwelling ••.....•• 850 sq. ft. (2) Two-family dwellings: efficiency and/or one bedrooa •• 650 sq. ft. two bedroom unit ••••••.•.•••••• 750 sq. ft. three bedrooa unit .•••..•..•••• 950 aq. ft. each additional bedroom •••.•••• llO sq. ft. e. Maximum percentage of lot coverage. Maximua percentage of lot coverage ••••.•.••• 35~ (Covered parking facilities including car- ports and garag s are not considered aa lot coverage.) f. Minimua landscaping, Minimua landscaping •••...•••••.•.••••••••••• 4~ g. Miniaua frontage of lot . (1) Single-faaUy dwelling, ••.••.•.•• ,50 (2) Two-family d lling •.•••.••••••.•• 50 (3) Day care c nt ra •••••..••••••••••• 50 (4) All oth r p raitt d us a •••••••.• 200 Principal buildin -2-l/2 stori a ••••• 25 f t i, Minimum front y rd . All p rmitt d pr ncip 1 ua ••••.•..••• 25 f t . l - • • ' • • 0 t• • j. Minimum side yard. (1) Single-family dwelling ••.••.•.•..•• 3 feet (Total 10 fe e t for both sides) (2) Two-family dwelling units ••..••..•• 5 feet (Total 14 feet for both sides) (3) All other perm i tted principal uses •••.....•...•.•.•. 25 feet k. Minimum rear yard. All permitted principal uses ••••.•.•.•• 25 feet 1. Minimum off-street parking. (See §22.5-5) a . Accessory buildings and permitted accessory uses. (In addition to the f ollowing, s ee Supplementary Regulations). (1 ) Private garages a ud carports. Private garages and carports designed or used for the storage or she lt e r of vehicles owned or operate d by the o ccupants of the principal building ; how e v er , c omm e r ci al vehicles shall be limited to three-quarter (3 /4) ton carrying capacity. (a) Maximum he i ght -1-1/2 story.l5 feet (b) Minimum f ront yard . Se e Suppleaentary Re g ulatio ns. (c) Side yard •••...••...••..•....• 3 fe e t if de t a ch e d a nd o n r ear one-th i rd (1 /3 ) of lo t. (d) R a r yard -if enter f roa f ront or si d e •....•........••....••...• 3 f ee t I f nterin fro• all y •..••••• 6 f t (2) Ho a c occupations. Occupations cus toaari ly incident to th principal us as a r si de ne (not to includ barb ra, hairdr r , cos- • tologists, b autician l h n conduct d in th am dw llin provi d that: (a) (b) No s 1 tanta ar • 3 - ntir ty within only by th per on a ctw lli unit aploy d. • • , -, • • 0 • (c) The hours and the manner of such use and the noises created thereby are not such as to interfere with the peace, quiet or dignity of the neighborhood and adjoining properties. (d) There shall be no advertising except as permitted herein. (e) The office or business does not have a separate outside entrance . (f) The office or business does not utilize more than twenty (20) percent of the gross floor area in the dwelling unit, but in any event, not more than three hundred (300) square feet; provided, however, that this does not apply to foster family care. (g) The use of electric motors is limited for power, with a total limitation of three (3) horsepower, and no single unit over one and one-half (1-1/2) horsepower. n. Other provisions and requirements. 101'\ 2. (1) No structure or vehicle on the same lot with the principal dwelling shall be used for residence purposes . {2) Two units aust have at least one party wall and a co.-on roof. (3) o us shall be permitted within the District which, by emitting an obnoxiou or dangerous re of h at, glare, odor, radiation, or fum or undue or exce sive noise beyond any boundary line of th lot upon which the use is located, would b coa a nuisance to other validly xieting us a in th area. ins • t • • • - • • .· 0 t• • property, health, peace and safety, and declare that this ordinance shall take effect immediately upon final passage and shall be pub- lished within seven days thereof. Introduced, read in full and passed on first reading on the 19th day of January, 1976. Published as a Bill for an Ordinance on the _ day of January, 1976 . Read by t i tle and passed on final reading on the 9th day of February, 1976. Published by title as Ordinance No. __ , Series of 1976, on the __ day of February, 1976. MAYOR ArrEST: EX OFFICIO CITY CLERK-TREASURER I, William D. J ame s , do hereby certify that the above and foregoing is a true, accurate and c anple e copy of th Ordinance passed on final readin and published by titl s Ordinance No. __ , Series of 1976. -~ - ,._ ' • • • • • 0 - INI'ROOOCED A5 A BILL BY COUNCilMAN BRO.~ BY AlffiiORITY ORDINAK:E NO. , SERIES 1976 AN ORDINAK:E AMENDING rnE C<J.fi>REHENSTVE ZONING ORDINANCE OF rnE CITY OF ENGLE'ftOOD, COLORADO (ORDINAK:E NO. 26, SERIES 19 63 , A5 AMENDED), BY CREATING A NEW RESIDENI'IAL DISTRICT TO BE ENI'ITLED "R-2-C MEDIUM DENSITY RESIDENCE DISTRICT", DEFI I 'G rnE SAME, ESTAB LISHING PEru-fiTTED PRINCIPAL USES, MINit.UM Laf AREA, MINn.Df FLOOR AREA, MAXIM.Jr.f PERCENI'- AGE LOT COVERAGE, MI NThtJM LANDSCAPI G, MINI~ FRONI'AGE OF LOT, MAXI - MJ.1 HEIGIT OF BUILDING, MINIM.Jr.f FRONT, SIDE AND REAR YARDS, r.fiNIMJ.i OFF-STREET PARKING, AND AU1l-IORI ZING ACCESSORY BUILDINGS AND PERMITTED ACCESSORY USES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY rnE CI TY CCXJNCIL OF rnE CITY OF ENGLEWOOD, COLORADO, A5 FOL LOWS: Section 1. That the C rehensive Zoning Ordinance of the Ci t y of Englewood ( dinance No. 26, Series 1963, as Amended), is hereby amended by add i ng a new sec tion to be numbered Section 22.4-7, entitled ·~-2-C, Medium Density Residence District", to read as follows: 22.4-7 R-2 -C Medium Residen e District This District provides ss froa single-faaily areas to ar a of uch as high d nsity multi-family r gulation for this Di trict protect th ntial charac aot and ncour g a uitabl to prohibit c rtain Hom limitation activ iti s . in this t ndard oth rwi ,. . ' o. • • , • • • 0 I• • b. Pe rmitted principal uses . (1) Single -family dwelling {2) Two-family dwelling, with at least one c. d. e . party wall and under a common roof • . (3) Religious institutions. (4) Educational institutions. (5) Public facilities, such as public buildings, electric substations, and gas regulator stations. {6) Day care centers. Minimum area of lot. (1) Single-family dWelling ••.•.•• 6,000 sq. ft. (2 ) Two-family dwelling •••...•.•• 6,000 sq . ft . (3) Day care centers ••.••••..•••• 6,000 sq. ft. (4 ) All other permitted uses •••• 42,000 sq. ft. Miniaua floor area . (1 ) S i ngle-faaily dwelling ••.....•• 850 sq . ft. (2 ) Two-family dwellings: e f fic i ency and/or one bedrooa •• 650 sq. ft. two bedroom unit .•••••.•••••••• 750 sq . ft. three bedroa. unit •••.•••••.••• 950 sq. ft. each additional bedrooe •.•.•••• llO sq . ft. Maximua 2ercent!ie of lot coverye. Maximua percentage of lot coverage ••••..•••• 35% (Cov e red parking facilities including car- ports and g arage s are not considered as lot c ove rage .) f . Minimua landsca2ing, h. 1. Min i a ua landscap i ng .••... ,, •.•..•.•..•••••••• 40'J, Mi n i aua f rontag of lot. (1) Singl -faaily dw l ling ••••••.•.••• so fe et (2) o-faaily d w ll in •••••.••••.•.•• 50 f e t (3) Day car c nt rs ••••••••••.•.•••.• so f t (4) All oth r p raitt d us s ••••.•••• 200 t t 1&ht of build1DJ. Princip 1 buildin -2-l/2 stor1 s .•••• 25 t t All pr1nc1p 1 us ••.•.•..•.• 25 f t • z • ' • • • • 0 I• • j. Minimum side yard. (1) Single-family dwelling ••..•..•..••• 3 feet (Total 10 feet for both sides) (2) Two-family dwelling units •.•.•.•..• 5 feet (Total 14 feet for both sides) (3) All other permitted principal uses •••.••.•••..•.•.•• 25 feet k. Minimua rear yard. All permitted principal uses ••••.•••••• 25 feet 1. Minimum off-street parking. (See § 22.5-5) a. Accessory buildings and permitted accessory uses. (In addition to the following, see Suppleaentary Regulations). (1) Private garages aud carports. Private garages and carports designed or used for the storage or sh lter of vehicles owned (2) or operated by h occupants of the principal building; howev r, commercial vehicles shall be liaited to thr e-quarter (3/4) ton carrying capacity • (a) Maxiaua h ight -1-1/2 story.l5 feet (b) Miniaua front yard. See Supplementary Regulations. (c) Side yard ..•••••....••.•..•..• 3 teet it d tach d and on rear on -third (1 /3) of lot. (d) R ar yard -it nter froa front or aid •.•..•...••...••••..•••..• 3 f et lf nt rin roa all y •..••••• 6 f t a tolo 1st th aa d ( ) (b) n • aploy d. • • - • • • ..: lOll z. • I• • (c) The hours and the manner of such use and the noises created thereby are not such as to interfere with the peace, quiet or dignity of the neighborhood and adjoining properties. (d) There shall be no advertising except as permitted herein. (e) The office or business does not have a separate outside entrance , (f) The office or business does not utilize more than twenty (20) percent of the gross floor area in the dwelling unit, but in any event, not more than three hundred (300) square feet; provided, however, that this does not apply to foster family care. (g) The use of electric motors is limited for power, with a total limitation of three (3) horsepower, and no single unit over one and one-half (1-1/2) horsepower, n, Other provisions and requirements . (1) No structure or vehicle on the same lot with the principal dwelling shall be used for residence purposes . (2) Two units aust have at least one party wall and a comaon roof. (3) o u e hall be permitted within the Di trict which, by aitting an obnoxious or dang rous d r of h at, glar , odor, radiation, or fua or undue or xcessive noise beyond any boundary lin of th lot upon which the u•e is located, would b coa a nuisance to other validly existing uses in th area, led and r 1ns • • • • • • property , health, peace and s afety, and declare that this ordinance s hall tak effect immediately upon final passage and shall be pub- l1shcJ within seven day s there of. Introduced , read in full and passed on first reading on the 19th y of J anuary, 1976. Published as a Bill for an Ordinance on the 3:.!.__ day of January, 1976. Read by t i tle and passed on final reading on the 9th day of February , 1976. Published by title as Ordinance No. ~ , Series of 1976, on the __f1_ day of February, 1976. -- ~t<\YOR ATIEST: r OFFICIO CITY CLERK-iRFASliRER I, William D. James, do her by certify that the above and foregoing 1s a true, ac urate and c 1 te copy of th Ordinance passed on final readin and publish d by titl as Ordinan e No .L, ries of 1976. . s . • ' • • ;-• • INTROIXJCED AS A Bill. BY COUNCII.MMI Cl..AYTC.l-1 BY Al!rnORITY ORDINANCE NO. _tj._, SERIES OF 1976 AN ORDINANCE REZONI G A PARCEL OF LAND WillHN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FR~ R-3 Hilli DENSITY RESIDOCE DISTRICT, TO B-1 BUSINESS DISTRICT, AND AMENDit-.Ki THE OFFICIAL ZONING MAP ACCORD I GLY. WHEREAS, pursuant to Section 22.3 of the Coq>rehensive Zoning Ordinance, a public hearing was held before the City Planning and Zoning COilllli.ssion on December 2, 1975 to rezone a parcel of land within the City from R-3 High Density Zone District, to B-1 Business District; and WHEREAS, said Planning and Zoning Commission has considered the proposed amendment and map change and has submitted its favorable recommendation to the City Council therefor; and WHEREAS, pursuant to Sectiuu ~2.3 of the Cauprehensive Zoning Ordinance a Public Hearing was held before City Council on -r----to rezone said parcel according to the above de·-::s"!"l=gn=-=a:-::t:-!1-:-:on; and WHEREAS, public nece ity, convenience, health, safety, the general walfare and good zoning practice justify th proposed amend- ment to the said Official Zoning Map as hereinafter s et forth; r¥JN, THEREFORE, BE IT ORDAINED BY THE CITY C<lJ!'.l:IL OF THE CITY OF ENGL D, COLORADO, AS FOL~: tlon 1. Th follo~ooing de cribeci property hall !le rezoneci from R-3 High L n 1ty Re hi n 01 trict to B-1 Bu me trict: -l - /b • • Section 2. • 0 • to the centerline of South Cherokee Street; thence north along said centerline a distance of 20 feet to its point of intersection with the centerline of West Ithaca Avenue; thence west along said centerline of West Ithaca Avenue a distance of 16l feet to its inter- sectim with the centerline of the extended Oterokee -Delaware alley; thence north along the centerline of the Cherokee-Delaware alley a distance of 280 feet to its intersection with the extended north lot 1 ine of Lot 26, Block 1, Skerritts Addition; thence east a distance of 326 feet to the point of begin- ning. The Official Zoning Map of is amended accordingly. City of Englewood, Colorado, hereby Introduced, read in full and passed on first reading on the 19th day of January, 1976. Published as a Bill for an Ordinance on the __ day of J anuary, 1976. Read by title and p ed on final reading on the 9th day of February, 1976. Publi hed by title as Ordinance No. , ries of 1976, on th __ day of Febru ry, 1976 . -- W:YOR ATT'EST: • • • - INTROOOCED AS A BILL BY COUNCilMAN ClAYTON BY AlJIHORITY ORDINANCE N0._1_, SERIES OF 1976 AN ORDINN'-l:E RE Z ~I G A PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COONTY, STATE OF COLORAOO, FRCl-1 R-3 HIGi DENSITY RESIDENCE DISTRICT, TO B-1 BUSINESS DISTRICI', AND AMENDING THE OFFICIAL ZONING MAP ACroRDL GLY. WHEREAS, pursuant to Section 22.3 of the Comprehensive Zoning Ordinance, a public hearing was held before the City Planning and Zoning COI111lission on December 2, 1975 to rezone a parcel of land within th Ci ty from R-3 High Density Zone District, to B-1 Business District; and WHEREAS, said Planning and Zon ing Commission has considered the proposed amendment and map change and has submitted its favorable recommendation to the City Council therefor; and ~~. pursuant to Secti~1 Z2.3 of the Comprehensive Zoning Ordinance a Public Hearing was held before City Council on ~---=-- -....----to rezone said parcel according to the above des1gnat1on; and WHEREAS, public necessity, convenience, health, safety, the general walfare and good zoning practice justify the proposed amend- ment to the said Official Zoning ~~p as hereinafter set forth; , THEREFORE, BE IT ORDAINED BY THE CITY COONCIL OF THE CITY D, CO , AS FOL ct1on 1. The follo 1n de cri beJ property shall be rezone~ ran R-3 High n lty Re iu a l.h tri t to B·l Bu in Dlstrict : 1, Skerritts -1 - "' - • • ,. • • • .· Section 2. • 0 • to the centerline of South Cherokee Street; thence north along said centerline a distance of 20 feet to its point of intersection with the centerline of West Ithaca Avenue; thence west along said centerline of West Ithaca Avenue a distance of 163 feet to its inter- sectioo with the centerline of the extended Olerokee -Del aware alley; thence north along the centerline of the Cherokee-Delaware alley a distance of 280 feet t o its intersection with the extended north lot 1 ine of Lot 26, Block 1, Skerritts Addition; thence east a distance of 326 feet to the point of begin- ning. The Official Zoning Map of the Lity of Englewood, Colorado, hereby is amended accordingly. Introduced, read in full and passed on fir t reading on the 19th day of January, 1976 . Published as a Bill for an Ordinance on the __3_!_. day of January, 1976. Read by title and pas d on final reading on the 9th day of February, 1976. Published by title a s Ordin c No. __ , ries of 1976, on the // day of February, 1976. MAYOR ATTEST: and for oi.n i , p on final re i of 1976. • • • . · TO: City Manager McCown • - INTR.of'PICI MIMOIANDUM .) <':_. DATI: January 2Q, 197F ,.~, Dorothy Romans, Acting Director of Community Development SUIJICTa Decisions Rendered by the Board of Adjustments and ppeals For several months Mrs. Schneider, who serves as secretary to the Board of Adjustment and Appeals, has sent copies of the Board's agendas and staff reports to the Planning Division a day or two prior to the Board's meetings. Several times in the past I have verbally mentioned to Mrs. Schneider any concern about a particular case, but I have not gone any further with the matter. The reason I have not is because it is my understanding that Mr. Supinger had been told some time ago that the Board did not want his attendance as Director of Community Development at their meetings. Prior to the January 1976 meeting, the agenda was sent to me; and I noted t at there was a request for a siqn to exceed the maximum height permi ted by the sign code. This request was made by the Azars Restaurant at 5211 South Broadway. There were also several other matters on the aqenda, including one to encroach into the side yard setback in the R-1-A single family residence district, the most restrictive district in the City in which wider setbacks, larger lots, etc. are required. I discussed these cases with Mr. House and Mrs. Young in my division and asked Mr. House to write a memo to the Board expressing our concern with these two specific cases, in as much as I was preparing findings of fact for the Planning Commission and would not have i~e to do so. Mr. House did prepar a very brief memo and gave it to Mrs. Schneider. e day after hem etinq, I 1 arned ha Board ad qran ed request submitted by Azars o cons ruct a 42 foo iq sign and t ey were ex r ly upset by th ~ o prepar~d y r. ouse. h it was not appropriate for me to "dicta e", the word I w s old, o and hat t e c airman wa s directed to call e and ell ir e 11 qs . • City Manager McCown January 29, 1976 Page 2 • .. Comprehensive Zoning Ordinance--which includes the sign code--is not being guarded by the Board. I told Mr. Leona rd I thought the City had a right to be heard in these matters, too; and he said the secretary, Mr. Brokate, and the Assistant City Attorney are present to represent the City. I told Mr. Leonard that the Secretary is there only to record the minutes of the meeting, not to advise the Board . The appeal to the Board has presumably been made because of Mr. Sroka e's decision as the head of the Code Enforce- ment Division, and certainly he and the attorney should be representative of the City; but I told Mr . Leonard that I felt the intent of the ordinance should still be expressed . As to the Azars sign, Mr . Leonard said that Englewood needs business and that the applicant had stated that he was not doing a sufficient volume of business because people could not see his sign . Also, a prominent business- man had testified that he was a member of the Sign Code Committee and that our sign code was patterned after Denver's sign code which had been thrown out by the court. Thereby, I suppose, he was implying that Englewood's code is not a good one. I told Mr. Leonard that the individual had been a member of the Sign Code Committee but he had in no way participated in the drafting of the code, in as much as he did not attend the meetings. He attended only one or two meetings and the public hearing, none of the weekly sessions at which the code was written by several very dedicated persons. Mr. Leonard suggested that I sit down with the Board to discuss the matter, a suggestion I very much appreciated; but I told him I preferred to discuss the matter with the City Attorney, the Planning Commission, and the City Manager to let those persons determine whether or not the matter should be pursued. Mr. Berardini and I did discuss the matter, and he arranged for the two of us to discuss the rna er with t e Assis a Ci y Attorney, Leo Clark, w o fs assigned o attend t e Board e ings. Th le isla fve body of nicfpali fes fs required by sta ute, Section 139-60-7, C.R.S . 1953 as am nded, o create a Board of Ad j ustment. Th Board is to consis of five mem ers, ach o be appoin ed for thre years. T e concurring vote of four of the five memb rs of t e Board shall be necessary o decide in favor of he applicant and to reverse any or er, requfr nt, d cision, or determination of t e admfnis rative official c arqed wf h he enforc nt of ordinance from which the variance is b fng sought. e s u e s a es ha he "spirft of the ordinance shall obs rved, pu lfc ~• e y and w lf r secured, and su stant1 1 jus ic don ". T d isfon of oard 1s subjec o revf ~Y c r for ri. • f • City Manaq er cCown Ja nuar y 29 , 1976 Page 3 • 0 -t • authorize variances from the strict application of regulations in such situations and sub"ect to such limitations as rna be set b ordinance." ,_ (Emphasis added. e arter a so requ res t at every or er, requ re- ment, decision, or determination of the Board shall be filed in the office of the City Clerk". The Clerk's office has no file of the Board's actions other than the minutes of the Board's meetings which are filed with other City Council matters for each Council meeting. If one were to want or need o review the Board's decisions by case, one would necessarily have to go to the records of each Council meetinq and read the minutes of the Board. Finally, Section 22.2-6g of the Comprehensive Zoning Ordinance reads: "Limitati ons on the board. Nothing herein contained shall be const rued to empower the Board to change the terms of this Ordinance or to effect chang es in the Zoning Map of the City of Englewood. The powers of the Board shall be narrowly interpreted and strictly construed so that this Ordinance and Map shall be strictly enforced." The Comprehensive Zoning Ordinance provides for the Board of Adjustment and Appeals in Section 22.2-5. The section of the Ordinance relative to the Board is attached for your information; but I would like to call attention to cer ain sections. First, Section 22.2-6c (1) (b) states: " ... such power to vary or modify shall be strictly construed as specif- ically enu era ted wi hin the jurisdiction of the Board." The next section, Section 22.2-6c (1) (c), states: "In the matter of granting variances, he Board shall first find that all (emphasis added) of the following conditio s are presen :" There theii follow six conditions, all of which must be met before a variance is granted. The first con- dition states: "That the variance will do substantial ju stice to all and not to just t e particular applicant for the variance." Next, it states: "Tha the plig t of the owner of the property for which the varianc~ is sough is due to unique circumstances existing on the prop rty, not cr ated by the owner or owners and not due to general co ndi ions in th dis ri c t in which h property is located." T ird, "That develo nt or use of he property is held strictly to he zoning s andards o t dis ric in which it is located, cannot yield reasonab e r ur in servic , use or income compared to adjacent con- arming proper y in h sa e dis ric . " lext, "That the variance, if u oriz d, will n ith r w a e th gen ral purpose of his ordinance nor r ula ions pr cribed or district in which th property s locat d." f'Xt, "That variance, if authorized, will no al er h ss ial ch racter o dis ric in which the property is located." And in lly, 'T a th ariance , 1 au horized, wfll not substantially or n n 1 y i jur propr a u of djacen conformi nq prop r y." rocedural rules and r ulation o flee o t Ci y Cler and s 11 1s appar n ly has 110 don . • -.,. City Manager McCown January 29, 1976 Page 4 • • • in area, three nonconformin g uses were changed to other uses which were nonconforming, and one new nonconforming use was created. Four variances were granted to the sign code, a division of property was approved to permit two houses to be constructed on lots which do not meet the minimum requirements of the Comprehensive Zoning Ordinance, the use of two build- ings was permitted which do not have required fire walls, etc. It is my opin i on that my division in the Department of Community Develop- ment has a responsibility to see that the provisions of the Comprehensive Zoning Ordinance are not violated. District regulations are designed to provide open space between and around buildings in certain areas of the City and encroachments into those areas change the character of those districts. After much deliberation by a special committee, the Planning Commission and City Council and after two public hearings a sign code was adopted. It has not been challenged in Court and should be enforced. To permit a variance from that code weakens ft. The Board of Adjustment and Appeals is very necessary for the protection of the people in the City. The gentlemen who serve on the Board are sincere, honest citizens; and I knn•·t they are serving in a conscientious manner. I do suggest, however, that the documentation o the aforemen- tioned decisions does not reflect that the six mandatory rules were met. If, indeed, the regulations of the Comprehensive Zoninq Ordinance are too restrictive, then possibly the regulations should be considered to see ff the required Maximum lot coverage, setbacks, etc .• are not necessary, fn which case they should be amended. I \ ·~ '(' ...... Doro hy Romans Ac fng D1rec or of C nfty 0 velopment OR/ v • ' • • , -, • • • 0 • TO: Board of Adjustment and Appeals FROM: F. Steve House, Associate Planner, Planning Division SUBJECT: Recommendations on cases No. 1 through 5, 1976 before the Board of Adjustment and Appeals DATE: January 14, 1976 case No. 1 -Azar's of Denver 5211 South Broadway The area of request is already cluttered with signs, many of which exceed the limits permitted in the Sign Code. The staff feels a worsening of this situation should not be encouraged, and there- fore objects to the request for a 42 ft. high sign. case No. 2 -Roy Richards 2189 weat vassar It doesn't appear that the fenc would present an overpow ring obstacle. No objection. case No. 3 -steven and o~ane Adcock 912 W at Tufta o objection if the appl~c nt ta d y care center nd do s not exc d may wiah to aet perm~tt d hours of o leaaon th ffect on the neighbors. Case o. 4 -carl Bl nac t 3700 South G 1 pago if No obj c ion;the appl1can parka h 1n th gara r St t r quir m nta for occupancy load. Th Board r tion ~n ord r in ord r to ruck in and only • • , • .· 0 • EXCERPT OF TilE C'O~lPREIIE SIVE 7.0 I 'G ORDl"' CE P2. 2 -4 ul s of Procedure Eac h Board or Commiss1on shall Jl pr cdings before it. Such rning , amon h r th1n~s, that: tim as a. H arings. All Hearings hall b and place as designated by th Board or C Notice shall be giv n tor all H arin 22.8 , Publ1c Notic ion. §22.2 -5 Organizat1on of th Board of Adjustm a. 1mb rs Th Board of Adjustment and App al on- sists of seven (7} mb rs, appointed by th City Council. I mb rs shall ~e qualifiPd r1x-payiDg lecto rs, r id nt of the City at l ast on (1) ·~ar irmn diately prior to the dat of th .1r appointm nt , and hall hold no other office or p o it1on in the City Administration. (Amn'd. by Ord. o. 23, Seres of 1970) b. Term of office appoint ~r 0ve rlapp1ng All mbers of th Board are rms of four (4) y ars. When vacancies occur, r ular term, th y ar fill d r ul r pp intm nt and uch only until th xpiration of the d. All mb r o ·ub J ct to r mov th 8 rd of 1 by th • h d bv h .. • • ....... • 0 g . Representation at any hearing . At any Hearing, any party may appear in person, or be represente d by a duly authorized pers on , or by an attorne y . h. Meetings open to t he public . All regular meetings of the Board shall be open to the public. i. Board shall keep mi nutes. The Board shall keep min- utes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately fil~d in th~ office of the City Clerk and shall be a public record . j. Render decision within thirty-five days. The Board sh all render its decision within thirty-five (35) day after Public Hearing. k. Decis i ons to be h 1 ~ ·d on finding. Ev ery decision shall be bas d on findings of fact and every findin of fact sh all be supported in the record of the Hearing. All testi- mony hall be presented publicly; provided, howev r, that th Bo ard shall not take notice of any fact and shall not con- sider the p rsonal knowledge of an y member unless the fact of which notice is taken is made a part of the record, and unless the person al knowl dg of the member is present d publicl~ as testimon by such m mb r. 1. of m t r upon which th Ordin a nc or When ix ( ) quorum for th Board th e r of . When only of four-fifth (4/5) r d. ' • • f - • • • 0 • b. Appeals. The Board shall have the jurisdiction and power : (1) To hear and decide appeals from and to review an y order or decision of the Building Inspector and to hear and decide all matters referred to it, or upon which it is required to pass under this Ordinance or any amendment hereto. Appeals to the Board may be made by any person aggrieved by interpretations or decisions. of the Building Inspector in zoning requirements or by any Administrative Officer , Department, Board or Commission of the City affected by any decision of the Building Inspector. (2) To review, upon its own motion, any order or nPrision of the Buildin~ Inspector. (3) l'o reverse or affirm, wholly or partly, or to modify any order, requirements, decision or determination of the Buildin Inspe ctor and to make such order, requirement, decision or deter- mination as in its opinion ought to be made and, to that end, shall have all the powers of the Inspector. c. Variance. (1) The Board shall hav the juri diction and power in passing upon appeals to grant variances or modify in specific cases the stric t application of th provi ions of thi Ordinance provid d th followin cond ition ar t : (a) vision exc pt Public pos cons • (S r 10 ' d • • , • • 0 , . • (b) There shall be unnecessary and substan- tial hardship in appiying the strict letter of such provisions, provided that no such variation or modification heretofore or subsequently authorized or existing shall constitute or be construed as a precedent, ground or cause for any other variation or modification by the Board, and that such p ower to vary or modify shall be strLctly construed as specifically enumerated within th~ jurisdiction of the Board. (c) In the matter of granting variances, the Board shall first find that all of the following condit1ons are present: (1) That the vnriance will do substantial justice to all and not to just the particular applicant for the variance. (2) That th ~ pligh~ of th owner of the propert y for which t h variance is sought is due t o unique circumstances existing on th prcperly, not created by th e wn r or owners and not due to gen ral CClndltlo ns in th District in which the pr p rty is located. (3) Th -<t tlw d 'JC lopm rt or u e of th property if held strLctly to the zoning and rds of th District in which t is locat d , cannot yi ld a re o nabl r urn in rvic , u , or inco compared tCI adj cent. conforming property 1n the same D1stric . (4 dUthoriz d, will n ral purpo of r gul tion t rict in which d ll •. ' • • , • • • • (5) That the variance, if authorized, will not alter the essential character of the District in which the property is located. .-- (6) That the variance, if authorized, will not substantially or permanently injure the appropriate use of adjacent con- forming property. (7) Whenever the Building Inspector has issued an order to cease and desist from the operation of dwelling units in excess of the number authorized by this Ordinanc~, and the Zoning Board of Adjustment and Appeals also finds that literal enforcement of the provisions of this ordinance by reasou of unique and exceptional cir- cumstanc~s including physical con- dition, age, and/or other factors as deemed to be unique or exceptional will resu l t in unnecessary hardship, then and in that event the Board may order a delay for a reasonable period of time not to exceed the total period of time which would hav been permitted und r other provisions of this Ordinance if prop rl r gister d. Any uch var- ianc grant d by th said Board hall apply only to p rmit con in d oper tion of 1 gal non-conformin u s to b rcgis- t red at any ti~ upon ~vid nc~ of lc al documentation or oth r vld nc that th us was allowed b th City or a ncy thereof at pr viou , or any oth r agency navin jurisdiction at th time of original c natruction . Th nt of a bu in 1 nd ccup ti nal f or oth r 1 milar f or tax d d to hav 1 ali& d Th 12 ' • • , d. e. f. • • 0 • Colorado . Seri s 19 Interpreta ion . B .ard 1. authoriz d t:o int:erpr t r he prcv1 of this Ordinance, and when d mPd nt:c ry y th Board , sub- mit report t ~ r~ Ci ty llnnnir.g and Zoning CommissJ.on and th C1 y Ccun cil sugg sting am ndments t o th Ord1nanc to clar1fy the intent and purpos t &ly artlcl , section, or paragraph on which 1 ha occa ion to rul • The Board may r qu st informatio n from the Planning and Zon1ng Comrn1SS 10n con- cerning any ar icl , sect1 c n , or paragraph on which ~~e Board has occasio n to rule. w lfar as m ff c whi ch rul on fil shall b mtght be g ·neral l The .. • • • • I• • CITY OF ENGLEWOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS JANUARY 14, 1976 The regular meeting of the Board of Adjustment and Appeals was called to order by Chairman Leonard. Members present: Bevier, Seymour, Maddox, wetterstrom, Kreiling, Kramer, Leonard Members Absent: None Also Present: Assistant City Attorney Clark, w. F. Brokate, Assistant Director of Community Development ,_ Academy Sign Company for Azar's of Denver case No. 1-76 5211 So•Jth Broadway REQUEST: The applicant is requ sting a variance to raise existing aiqn to a height of 42 ft. Leonard: Will the people who are oing to testify in this case please come forward to be sworn ln. Ms. seer tary will you sw ar the people in? Schn ider: Will raise your righ you are about to give is the tru truth. so help you God? 'Thr e people answered "yes" hand? • th Do you sw ar th testimony whole truth. nothing but the Leonard: Ms. Secretary, Will you pleas read th st ff report. Schn iCier: STAFF REPORT: Th from S ct1on 22.5c.6(b) of th or round sign ia 32 t • now 25 f • h gh, 42 f 6 ft. by 8 ft. ~ouble property l1ne. 0 ppl1cant is requ at1ng a vari nee zon1ng Ord1n nee. M ximum he1ght ia r qu at d. Sl n conaiata la w1th lead edge of pan la aking for 1a a var1 nee r'a r at urant. h v 1 ficul y o th a ia th • • ( • • - southbound traffic -the sign is obscured. Being that Azar'a is a new business in the City of Englewood they need naturally all the identification they can ge t. We have had numerous people. free mailing have been send out, that are totally unaware there is s~ch a business existing in the City. We are asking for a height ,. . o f 42 ft. so we will be able to get up above the building and traffic from Belleview and south Broadway will be able to view the sign and realize there is such a business existing. This would be actually 17 ft. in addition to what we have now. Kramer: How long have you been at that location? Berry: I'll have to get some help on that--Mr. Kaplan? Mr. Kaplan: About 90 days - a little less than 90 days. Irvin Kaplan 4115 East Colfax -Denver: Gen ~ emen we are asking for this variance mainly because we estimated our business to be so much per week and we are running below our estimate. Our advertising agency has notified us -took a little survey for us and found that when you set at the atop light at Belleview or go across Belleview, nobody even knows we are there bcause our sign can't be seen and that is why w are asking for the variance so people will know where we are located. We just sent out a mailing for free chicken dinners and the people are coming in the City of Englewood and th people are coming ~n our restaurant and they ar telling ua, Bey, we didn't even know you were here,and w have been open about 90 days. Nat 5200 all know a sign committ e waa select d cod a coupl of ye .rs ago and it waa itt that waa ra o -2 - ' ( • ( • • 0 • come into our place that have inquired about a restaurant, who might be there around meal time, several have said, well we didn't know that there was one right across the street. Which indicates to me that the people are driving up and down Broadway and there are about 30,000 per day, I believe, as per traffic count. should indicate that the sign needs a little more exposure and the only way i t can be and still be within reason according to the code as 1 understand it, would be an additional height. It does not project ove r the sidewalk, otherwise, it would not comply and so that is the o nly way. But it could be changed so it will attract a little more business which they certainly need. so it is my personal opinion and only that, but I would like to speak on their behalf. What they are asking for I don't believe would be obnoxious. I don't think it would be unreasonable and I would like to see Board of variance favorably consider it. We all know that our City, t hat we are all in, and take part in, needs all the revenue that they can possibly get and I believe that this sign if raised like any other sign that s 0 ~one might want a variance on. That you and o ther people toge h r tink that ,~would increase the business, naturally it will increase the revenue to the City and certainly w can all use that. Thank you . Wetterstrom: Can I ask you a couple of questions? You are the owner and leasor of the property? Burt: Yes, I am one of the owners . I am majority owner and I lease it to Azar's. Wetterstrom: You are permitted the h ight o f 32 ft. can you tell me why you chose, what th reason you chos the height of 25 ft. Kaplan: Well the architect tho~qh t that would b enough when we took out the Building Perm ~t . Th d sign was poorly planned - wh n w decided t o put th cupol on th r oof -the h ~ght was not changed . w t rstrom: In oth r words 1 1a actu lly an obmisaion on your part. Wouldn' 7 ft . b nough? aplan: s ~ n. You s i op sect.1.on, h w tt rstro : You o not to id n 1 y th r at urant ? Th Do por 1on 1ally , could cnly se part of th c ions d you would only s th "Azar's " is not suffici nt siqn is us 11 ov r th Unit d • ' ( ( • • 0 • Wetterstrorn: All the restaurants around Denver and you don't think Azar's would be recoginized? Kaplan: Well not yet. The Big Boy is the main part of our sign and that part you would not be able to see at all. Kreiling: Would you reduce it in about 6 months? Kaplan: I would be spending a couple thousand dollars to raise it and then to reduce it back down. Kreiling:But then all you want to do is get the place moving and then you don't need a sign. Kaplan: Well you always need a sign and to lower the sign would be an awful lot of money. Kramer: couldn't you just put a new base and then put the aign on it? Berry: No, it is a new base if we are granted a variance for the sign, we will have re-engineer it and restress the sign. It will take new ateel and new footings, bigger hole , more concrete and heavier steel. This is the reason for the coat of raising the sign. To reduce the sign agin, for the X amount of monthea, hopefully with the influx the new people coming into Englewood, we need to let people know the restaurant, Azar's, is there. Th y need new peopl aa well as everybody. S ymour: If that cupola is block~ng th sign what about moving the aign on th oth r aid of th building? B rry: It would be a good id a, is a driv ay and entrance th re and I don't think you would g t th propers tback from the City to do thia. Th n. too, I think w would hav the aam probl with th people going north couldn't a it. 8 v~e r : Wh n a th existing ugn put up? Kaplan: 2 months JUat prior to th o for th y o n d. pl n : Th pro) ction a pro)ec i n ar un th r oo o ning ot Azar'a. It waa th r about waa install d didn't th y go th ai ordered and th building a pro ) n d d to change th w • ad front, it bloc th lnn R atauran • • • ( ( ( • • ,. . . · . . • No one present, other than the applicants, concerning this variance. Leonard: Do you have any comments, Mr. Clark? Atty. Clark: No, Mr. Chairman, I have no comments. Kramer: Where is the 42 ft. measured from -is that from the floor of the building or from the street? Berry: It is 2 or 3 ft. from the building. Kramer : Mr. Chairman, I move that we grant a variance in the height of the sign for Azar's of Denver to raise the existing sign to 42 ft. Seymour seconded, the motion. Leonard: It has been moved and seconded that we grant a variance to raise the existing sign of Azar's to 42 ft. Is there any discussion? Kreiling: I think we need elevations of the building against the sign -I am not sure the sign has to be 42 ft. in height. Kramer: The bueprint you had, Does that have the elevation in relation to the building? Berry: No, this ia for a different location. L on rd: Ar there any furth r queat1ons? Leonard: Ma. Secretary will you poll th Board, Pl as Schn id r: B v er, "Yea" Sllymour, "Yes" Maddox, "Yea" tteratrom, " Kreihng. "No" Kr r , "Yea" Leonard, "Y a" " Schn i rr r. Ch irm n, 5 m era voted Y nd 2 o . Leon d: By this c on w have gr ed th varianc: • -5 - . ra voted • • ' .. ( ( ( • • 0 • Roy Richards case No. 2-76 2189 West vassar REQUEST: The applicant is requesting a variance to permit a 6 ft. fence in the sideyard between the houses. STAFF REPORT: Applicant is requesting a variance from Title III, Chapter 2, Section 3, of the Municipal Code, maximum height for a sideyard fence 3 ft. 6 in. A height of 6 ft. is requested. The applicant, Mr. Richards, states he would a 16 ft. length of fence along the west side of the house for privacy of his yard and to keep children from falling in his basement window well, also to protect his daughter's bedroom window. Kreiling: Wouldn't a 42 inch fence serve the same purpose? Richards: ProbalJl but he wants the fence to match the rear yard and it would not protect the windows. He could not get the property owner's signature because he(Richards) objected to him parking a large trash truck in his yard. The neighbor has since moved, however, he still is th owner, because he is carrying the contract on th houa • Richard's house is 4 ft. 9 in. from the property line and the oth r boua is about 10 ft. from property lin • There ~ no one pr • nt (oth r variance. s ymour mov d, Maddox seconded, gran fenc for the Ay a: Bevier, Seymour , Leon rd ddox, tteratrca, namer, Nays: Kreiling Absent: None St v n and Dian Adcock ~~------------~---------- 912 W at TUfte Av nue cue • 3-76 Th pplicant is requ sting var1anc to per111it a day care home llowing a total of 6 children i n an R-1-A zone. -6 - ' • • , ( ( ( • • 0 - STAFF REPORT: Applicant is requesting a variance from Section 22.4-2 of the zoning ordinance, which prohibits activities of a commercial nature. Zoning is R-1-A. The applicant(Mr. Adcock) is requesting a variance for a day care horne for a period of 30 days. When he first applied for the variance it was to be for 1 year. His wife is pregnant and is not able apply for a job. She now is going to go to school and has secured employment with the school. She will be going to school February 15th and they would like to keep the children until then. All of the children they keep are pre-schoolers. Mr. Hanggi 4685 South Inca -Was not aware that it was only for 30 days. Do not want a commercial use in the residen~al zone. He feels it deteriates the neighborhood. Mrs. Kollath 4690 South Jason -Opposed to granting it for 30 days, why not 6 months or 1 year. There is no fence to keep the children from the street and there is no front yard. Jill Glov r 4675 South Inca -Not aware it was just for 30 days -how can it be lirnl.ted? Mrs. H nggi 4685 South Inca-Even if it is for 30 days, I am opposed to it. W t erstro for day car How did you become awar th property was being used horn ? Hav the ch~ldren bothered you? Mrs. Koll th: Th re was a sign ~n th window befor Chr±stmaa. The children didn't bother m I l.dn't know they were th re. I hav not a en them outsid . Adcock- d y car l.n not and hav to paaa a ate Th ll.c nae Th y purchaaed y couldn't h v A d y car fix d, th St te dl.d inspect th -7- r to b corn A lie naed from th l.r r aid nc Novernb r lat and did The f nc ~• th re horn • • • .. ( ( ( • • ,. - Kreiling moved, Kr~er seconded, to grant a temporary var~ance for day care home for a total of 6 children for a period of 30 days. Ayes: Kreiling, Seymour, Maddox Nays: Bevier, Wetterstrom, Kramer, Leonard Leonard: The variance is denied. Carl Blanscet Case No. 4-76 3700 South Galapago REQUEST: A varian ce to park a dump truck in a resiential zone. R-1-C zone. STAFF REPORT: Appli~ant is requesting a variance from Section 22.5-2 of the zoning Ordinance which prohibits storage of a commercial vehicle larger than 3/4 ton carrying capacity in a residentially zoned area. The applicant states th is is a large truck which he uses for his livelihood. He has lived ther for 15 years and has never bothered his neighbors that he knows of. He keeps reasonable hours; leaves about 6:30 A. M. and backs out from the alley. and parka his truck back on the alley a wa y from th corner as not to obstruct the t~affic v~e • He is now building a garage and will park the truck in garage. Dennis Rad r 3730 South Galap go -Stat a h us d to l~v across the alley from Mr. Blanacet and th re was ab olut ly no probl , no noi se , no tr ah, and n v~ w probl B v~er mov d, AY tt ratroa a ond d, To grant a v his truck 1n th varianc th pr Blanac t, em th co B vi r. S ~ r, M ddox, nard, 1lin tt ra rca, Kr Non Non ------------ r, • • ( • • : .. Theresa A. Shaeffer case No. 5-76 3389 West Chenango REQUEST: A variance to permit a metal awning with 0" setback. The awning is from the eve of the house to the fence, i~ an R-1-A zone. STAFF REPORT: Applicant is requesting a variance from Section 22.4-2i(2)(a) which requires a 7ft. sideyard setback and Table 23-B of the Uniform Building Code which requires roof to be designed to support a 30 lb. snow load. Theresa Shaeffer-states they store the boat and 2 bikes and protects the house from the weather. Charles B. Jackson 3389 West Chenango -Stated this is a temporary cover and he didn't think they neoded a permit for it. A temporary structure to him means no footings. They bud a patio c onsLructed which had a permit and they just took the old cover and put it on the other side of the house f or a boat cover. They have statements from the ad jacent property owners stating they have no objection. If a variance were granted the cover would have to be removed and rebuilt. This is a variance from the zoning o rdinance not the building Code. It would have to b built to withstand a 30 pound snow load. This would mean to hav support posts set in concret • Jackson -The fenc is not on th property lin -i t is • t in 6 in. from th property lin , so th var1anc would be 6 in. from th eas t a1deyard s tb ck. Kr iling mov d, Kr r second d, to grant a varianc for the cover a 6 in setback from the East property line and to prevent th dra nag run-off from encro ch1ng upon n 1ghbor's property. Ay s1 Wetterstrom, Kreiling yss 8 vier, Seymour, Maddox, Kram r, L onard Absents Non onards Th varianc is d n1 d. b in no ur h r bu in ss o c rn d at 10•30 P. M. Schn d r, R cor in cr ta y b or th Board • • CERTIFICATION OF POSTING Attached is a photograph of a sign as it is erected on the following ' Legal Description I hereby certify under oath that the above described property was po ted continuously for a period of ----------days, from--~~~--~--~----0 19 19 ---to --r----------------------------------- S gna ur / Ll-wu1T '/,· lj! 2 ~ State of Co lorado County of Arapaho ub rib d and worn to or th i • No t a r • • • ~I ,., f> I , • - • • ,._ .· I • CERTIFICATI ON OF POSTING Attached is a pho t o graph of a sign as it is erected on the following ,_ J ) ( I . ' 1 ; <. t I I , ~ ... .,_z .) & ' I Legal Description I hereby certify under oath that the above described property was posted continuously for a per i od of Stat of Colorado ) ) County of Ar ap ah ) Sub r i b d and worn to 19 '/ I or days, from----~~~----~?~--- 19 t h Notary • • • -•. 0 ,, • ROLL CALL A Na Ab taf Ab t Moved Seconded ~eL ~ s n sen Wijlfams .,. Se¥eM:: .t---~!.E!!.. .../,C__ _!'!_ann ..!::.L Brown v ~a~on-'*·· ~ ~ ~~ ~ ..J:::::::::_ • • • I l - • • • • ROLL CALL Moved 1!1!~ :fc_/)*1~$ J 7tt> 5 . st:..-- Y-t"?ll/,___./ 3'ito S ~- t• . . Abstain Absent • . . . . • • , • -• . 0 • . . ' • • • • • • - . ' • ROLL CALL Ab stain Absent • ' • • • , • • -• . • - ROLL CALL [ econded Williams Ave Nav "" Abstain Absent ..$8\'ePII y ;,mfth """ 1-lofann J// "" Brown y Clayton Y' I_ ln .. ' • • • • • • . . -•. . , . • r ROLL CALL 1o Moved v Abstain Absent ' tf~ Cl~ . '3s'5tJ.J:f~ ~""'~~~ ~w ~~--~~~~L %7 /JJVYJ/ 3 <) /. )'"' .S, ~/~:.u2- {J ft.Q c{~Jf~ . ~~ro • • I • #~ • . 0 ,. • . .. ROLL CALL ' • • • • l -• . • t• • I .... _ ROLL CALL Moved Seco d d n e Ave _, Nay v Williams 1./ Abstain Absent So vern v ;:,m1tn 1/_, Jilann v Brown ......... !--'"' Clayton ,I;" Jlfayor Tay 1 or I GY6/~h4~ ~ ..:s:. / '?----~-z:-~k..-t-'2 - • • • -• • ROll CAll Moved Seconded ~ Na..t Abstafn Absent ...k::: Wf_ufams y ~ JL ~ _!!!nn .!L.. ~rown _, L ..,.S.!!l!_on L.. .I'Ja ~ • • I • -• . 0 • . .. ' • • • • ] •. 0 • ROLL CALL Move d s d d econ e A ~ye N ay Ab sta n Ab sent Williams Sovern !>m1tn ........... Mann / Brown Clayton ' Mayor Taylor • • t • • APPLICATION FOR RIZONING city of IDilewood, Colorado D&le:~--~~~----~---------- ,. . UJII.JeAII'J''! .... : (Por City Uae Only) • f I -------------------------- Addr ... '--------------------------Telephone: ________________________ _ 8elat1on to requeat : __________________________ __ OllfD : laae: ______________________________ _ Addrea•=----~--------------------- !Wlephone: ______________________ ___ (Bearinc Number ) Stateaent of pr~t~o~r~c~o~nTtact with City Plannin1 Depart- aent: 811111ai~Ud berewlth ia a dapoalt of t&O.OO for the firat 1o~acre' or aar portion thereof, plua t&.OO tor eacb additional 5 acrea or any portion thereof, aa deterained by the Planninc and Zonin1 Co .. taaion. It ia underatood that th1a depoait ia neceaaary to defray the ad- a1n1atrat1ve coata entailed by thia requeat and, therefore, will not be returned, and that additional f ... aay be required to cOYer. tbe coat• of adverti•inc, tf neceaaary •. 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REQ UUTID CII.UGI: ~•l~ev ~ ~h ~ ~1 ~oning wo~l d increas e the val~e of th1s proport7 anJ wo\&ld al~ add t.o tne b~d.;et fund lnro ch ale:s lax to tht. cl.ty of .iin6J.ewoo after J:~ture oevel pt~~ent . an. owner would oriou&l con~ der con truction of bua1ne s s bu1ld1n~. SUbscribed and sworn to before thia 15th d y of October,l975. 1~ u~ JLn: • tom:n.s:ton CAPtrt s S ot ~ .. lil.r 7, 197& (Att a cb additiona l a heet if Dec eaaar y) ;') .. / •. L .-1 • I I •• -~ ' .. ~ .... . '• I 1 1 : I . :. . ,~ ',• ; ,, .! L , ·- ; ) I ~ ' \. ,:• ~· I 1 .; /{", ." I. 7 , ... ·".:.-~ 'C . I ... ~ ~~~ n '·. '.(-((:. \ -J, ""t I? I{,,., /{(,'· . .! 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Jj_.:k.. .• , rtu ~ c ... -:v./. sube c1 e d and sworn to before me thi s 15th day of October, 1 9 7 5 . r:e1 ~~ ~~ u(_t-c Notary Public "'V Comm;ss ton exptres Scot embe r 7, 197b • • • - • • •• ]- ·"' • ocr. 22-1975 • I I I I l I I I PHONE 7Y'f -:: 3 c ~ 7(1 ·'111/ ) .. .., • . • • , - '. ( Ai.1 !Pi I ,F /f 'L.':Jl •• / /; -fp 7 , ~ /JY-'"/Ci .> / I 7,'.f~Ef£'-Ttl i ' ,e>[.:•P..![ _A./f/:' 6 '-'f :::>r7'.?tc",..V,.ff,.-7 JftTII 1/11.1::-Slc.!-N~I-> A ?lfFI/;(7V~ A,P~LIC4T/O /;/ ._'i!( c t/ '-4 TF.O By M Atf y .!:. M !/C )1-E'.L.L. .57 A 11' AI c.:. 7/i 4T .... (:~'.:-y Jo7 17 P/I£P":-Yf }:?-;-~~ oN;Aid.1 ~~.:.!:-2 I fi "' p ;;; ,);?"5L--v 'j-CD ,-t.,? :JJ [';77 h f i ?O /(/, 4 A '~ /N I -.-,· ' .-;.-1. .[ -· -7 . I, -I ~ -..... : I \.. ' I "'"· \,. .... --, -A7 a; .-er~/;. r:ze.R tP~~£~ SUb•cribed and sworn to before me this 22nd day of October, 1975. tL · :dear ~Publ~c •. • • ,