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HomeMy WebLinkAbout1997-06-16 (Regular) Meeting Agenda• . ,~ • "-t•• Ordinance I 39 ... pre-aaaigned to Council Policy 'fhia it.a waa tule4 at the June 2, 1997 ... un9 (Council Bill No. 53) JUNE 16, 1997 REGULAR CITY COUNCIL MEETING ORDINANCE I /s, _.ri, yf, ~, ~, ~, ,<, 52, 53, 54, 55 RESOLUTION f f, ,;i, 5,(. ~{J? 62, 63, 64, 65, 66, 61 • • 0 • , ' .. •· • • • ·, - '· ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Seaion Juae 16, 1997 ,._ I. Call to Onler 1be regular meeting of the Englewood City Council was called to order by Mayor Burns at 7:42 p.m. 2. 1be invocation was given by Council Member Wiggins . 3 . PWF ti Allqiuce TIie Pledge ol Allegiance was led by Mayor Burns. 4 . Rall Call Present: Absent A ....... -present. Also present: Council Mcmbcn Nabholz. Clapp. Wiggim. Hallc:nicht . Vonnittag Waggoner. Burns None City Manager Clai\ City AttonlCY ..._ Deputy City Clelt C-* Deputy Dira::IClr oa-. ~ 5-ICCi Operations Supai• • McC..-c*. IJilael (a) COUNCIL MEMBER WIGGINS MOYD. AN• IT WAS 5U.'ONN9. TO Al'l'llOVE THE MINUTES OF THE REGUI.Aa llaTING Of 111M 1. 19'7. Ayes : Council Members Nlllllalz. Vc,naiaag. w...-. Hllleluclll. Waggoner. Clapp. 8wllS Nays : None The motion carried . 6 . Sd1c .. led Vititon a) Skip Miller and John Loss from Miller Dcvclopmenl wen: prcscnl to provide a SUlUS rq,ort on the Cinderella City rcdc:vclopmcnt project . Mr. Miller reminded Council that they have all been wcning on this project for quite some time . Although be bas no1 bad time to meet with Council Member Nabbolz yet. be said. he is looking forward to wot\ing with her also . He related that. rccendy. be attended the International Council of Shopping Centers Conference in Las Vegas. along with Council Member Vonnittag and City Manager Clark. Because we are getting so much cloler, with all the positive reaction we had there. Mr . Miller said they would like to come in at a minimum of once C\'CfY two .. •· 0 1 J2xl • . ._ __________________ ......,, Englewood City Council June 16. 1997 Page2 • • meelings 10 give Council an updale of lhc Sla1Us of the project . He repealed lhat there was a IOI of positive reaction at the meeting. Subsequcnl to that meeting, Equitable cntenained another offer. he said. and we were all a little fearful of that . He added that ii took a yeoman's job by the staff. City Manager Clark and Bob Simpson. in dealing with Equitable. He said he would like to make Council awa,c of their fabulous effort because Equitable 's concept of what they were going to do to bring in a few extra dollus would have played real havoc with everyone· s desires for the site and their intentions would have caused a lot of problems. 1be ocher developer wanted to put this project on hold and leave it as is for two or three years. be advised. Equitable is now in agnicmcnl with us to move forward on a new deal that has been presented to Council. Another obstacle, be said. was the Montgomery Ward lease, which they had agreed to terminate for a SS00.000 payment . Mr. Miller said that. after talking to the Wards people today, they agreed. although ROI in writing, to lower that fee to something over $300,000. He advised that there is a federal law where they have to give sixty days ROlicc for termination of employment because of the number of employees they have. As soon as we have a signed agnicment with Equitable. he said, we will give Wards notice and they are prepared to move. So. he said. we have had a pretty good day and ii is nice to be able to report some positive things. Also. wc have conlinued lo show this lo general merchandisers as part of our plan. he said. We don ·1 wanl 10 get imo publicly announcing names. but one of the major people that has been looking at it came to town and seems fairly positive they are going lo do a study, he advised. 1bey have ocher saorcs in the City and they want lo see how ii impacts those saorcs. With the theater saill intercSled. also. he said. we arc looking forward 10 seeing things stan to happen . TIie next thing we need 10 deal with is the development agreement. of which we have been given the first draft. and we need 10 file Ille next portion of the PUD. which is the preliminary sile plan. he advised. Mr. Miller Slated thal he has commillcd 10 staff that they would be completed within two weeks of the City 's receiving the agreemenl with Equitable. In order 10 do that we have begun that process now and feel very comfortable lhal we can have 1ha1 done. he said. and sugcSled that. perhaps. City Manager Clar\ can tell us whal date that will be done with Equitable. 1bey were supposed to present a memorandum of agTeC111Cnt to the City. he said. outlining the new terms and we expect that any day. Mr. Miller stated that anochcr piece that wc need to deal with is the outdoor art museum. He advised that his position remains the same on that. 1bey arc willing to continue to work on ii to see if ii works. understanding the economics and understanding their need to be able to anract ocher users that woulcl find that an aa:eptable use . He said they want 10 be pan of those decisions and he feels Council heard him loud and clear on that so he docs ROI need 10 reiterate his position. Now that the Equitable deal is in place. Mr. Miller said be wants 10 get into tllosc discussions and understand those issues . A memorandum was issued by staff in regard to some questions that were asked at the meeting we were at. he said. and those answers have come in and we are prepared. al the appropriate time. to discuss those and work with Council however they see fit on that piece of ii . He stressed that they continue to sec this as a fairly major public/priva&c joint effort to redevelop Cinderella City. He said we have coane over some big hurdles now and that lac really scc:s. for the first time in a long lime. a real path lo gelling this thing moving now . He said they arc really exciled and will continue lo bring updates as they occur. Council Member Waggoner said lbal. al one lime. they were talking about phasing the project into two phases with Ilic western area and the eastern pan . He asked. if they were to phase that. if there woulcl be a possibility. rather than a general merchandiser. of having maybe smaller Slon:s that woulcl essentially equal Ilic same square footage. Mr. Miller responded that. when we were talking about phasing it. the rationale was that we had lhe 1hca1er in place and we didn 'I want to lose them . We don ·1 believe that small 1enan1s arc ever going 10 lake up 1ha1 kind of space in order to be economically viable and also ha,·e Ilic masses necessary 10 ha ve an overall successful center. he said . Tiaal I I0.000 10 120.000 square foot general nicrclaandiscr can 'I be replaced with small users. he opined. Tiaat was a drop-back position. where. ifwc goc thal in place. we hoped some ocher major user \\'OUld come along to make the overall project viable. he said. and we still feel 1ha1 we need a second anchor 10 make this thing work. . . • . .. •· 0 • Englewood City Council June 16, 1997 Page 3 • • - Mr. Waggoner said people have told him that they know of businesses that would just love to come into the site. but. he added. he did not get any names. They are smaller merchandisers who are not in this area right now but arc getting started and would like to come into the Denver metropolitan area. Mr. Miller said he feels pretty comfortable with the people that arc marketing this and going to national meetings. discussing this with national representatives and the various retail people, that this thing has been exposed. He said he docs not feel there arc any secret kinds of people wandering around that want to come in here that we arc not aware of, but allowed that that doesn't mean they know everybody. He asked that they please pass the names of these businesses along if they can find out who they arc. Council Member Vonnittag expressed appreciation to Mr. Miller for coming to the meetings and keeping Council abfQSI of what is happening. He asked about the parking over by the RTD area. Originally, he n:icallcd. we were talking about keeping that upper deck . He asked where we arc today with that. Mr. Miller responded that the last plan will be brought in as pan of the PUD application. but could be brought in, if Council desires, in a less formal manner. We have been working with Equitable to put into the project that back lot that is pan of tbe assemblage of ground that Kravco and Equitable have in the northwcsl comer. Regarding the economics of either n:doing the deck or building a new one. a new one would COIi less than redoing it, so we nccd that extra ground. Our plan will show that. he said, and we will be tearing everything down. Mr. Miller said he has been dealing with Council for Equitable and Krava, and they have a tax situation that he needs to deal with, but they arc prepared to give that to the project subject to their working out their tax problem. Council Member Vonnittag asked how many spots will be dedicated to RTD . Mr. Miller responded that there is an overlap between RTD and the theater. RTD's first phase n:quircd somewhere around SOO spaces. and now may require between SOO and 600. The theater's usage and tlie RTD usage have very linle simultaneous parking and this is a very good situation. he opined. RTD people will come in around 7 :00 to 7:30 in the morning and probably leave 4 :30 to 6:00 p .m . The theater has very linlc matinee time and is almoa all night time parking so that is pan of the reason the plan has the thcalcr al that end. to make ii convenient with the overlap parking with RTD . Council Member Habenicht said she did not have the benefit of aucnding the shopping c:cntcr convention. however Council Member Vonninag was so kind as to share a tape and he showed her 10R1C ol the written materials. She said she read through them primarily looking at dcvclopmcnt of retail cntenainmcot and cntcnainmcnt retail . From what she could tell. scvcral places indicated. both on the tape. which was a panel discussion about retail entertainment and entertainment retail. and in some of the aniclcs in the major shopping center book. that quite often the kind of retailers that you would need to come into a place to make that successful would not be the kind that you would find at a shopping CCDler convelllion. She said she was just wondering if they have gone out visiting Olher communities and looking for that ditJerent piece that they all seem to say is important for something like this to be sucx:asful in today's world and today 's marketplace. Mr. Miller responded that lie hates to always disagree with her, but that presentation was done at ICSC and was done because those arc the retailers that arc there. It was an agenda item and he said he feels those people arc there. The people that go in entertainment retail related places arc there and the kind of users we have talked about that go in those uses were very present and we talked to many of them. he asscncd. and he feels ii is a very good source for those people. We have gone out to the market place and let everybody know. he said. ICSC is not our sole marketing technique. The brokerage community at large knows about this site and the retail entertainment group knows of the site. Ms . Habenicht said he is not disagreeing with lier, but with the pc:ople on the panel . Mr. Miller said he lis&encd to the panel. too. and that is why it was there. It was presented to the pc:op1e that use it. • 0 '32xl • Englewood City Council June 16 , 1997 Page4 • • • b) Mr. Elmer Waldow, 3701 South Clay Street. Sheridan addressed Council regarding the drainage ditch along the west side of the Englewood Golf Course. He advised that he is a councilman from the City of Sheridan and Vice President of the McBroom Ditch. He stated that there has been a IOI of Oooding and water problems on Clay Street since the golf course went in. Mr. Waldow stated that he was born and raised on the property where be has his business today, his folks having bought that property in 1923 . He said be brought that up only to suggest that be has been in the neighborhood a long time. and there was De\/Cr any flooding prior to the golf course coming in. 1ney shut down the drainage sys&cm tbcrc, be said. The property was originally part of the John McBroom homestead and then it broke off' in little pieces of farms. Later, Colorado Central purchased the property to put a power house on. 1ney dug six or SC\'CII wells and then Colorado Central and Public Service merged and the property never went ahead and went into a power house, he advised . Later, the City of Englewood purchased it for their golf course. There were four drains across from Clay Street to the Platte River all the way through and they were there for a long time. he recalled. One was parallel to the bike path on the nonh side of the golf course and the second was on his nonh fence line at 3700 South Clay. If you stand on Clay Street and look due east you will see where they put three or four of those wells back in toward that ditch. When Colorado Central dug those wells, he said , they had to adjudicate and they had to keep them pumping oa:asionally to keep their water rights up. Tiiey put them in&o that ditch in order to run them to waste and sometimes they would catch it and irrigate their propcny with it . 111c third one was approximately 3850 South Clay and that is in line with the center ofChauncy Dunn 's property. That went back to the Platte. as well, he advised. and it was just drain lines. Tiie founh was at Mansfield and Clay and is the drain that he would like to have put back in. he said. and it is tlie drain that was agreed to on the last PUD. which is the par three golf course. that the City would put a thiny-six in from Clay and Mansfield back to the Platte. Tilis is the route that pipe was in before Englewood bought it . He showed them a print that was made in 1965 by Public Service and olfered it as proof that it w.is there . That is lhe one we would like to have put back in. he repeated . Englewood took out all four drains. lie said. and then tliey put a big ditch along the east side of Cla)' Street . Clay Street had a hump in it and they had to go so deep they dug a big hole in width to where you can't get two IIIOlor homes past each Olher on that street. He said that we arc not asking Englewood to fix that . Mr. Waldow said he has told Mr. Botkins that he would help him get lhe thiny-six in and put the street back where it was before it was dug up. Englewood dug the ditch, he said. to put the water into Bear Creek. He called Council's attention to a plan that he paid for from Chuck Tilistlc. a civil engineer who worked for tlie Colorado state highway dcpanmcnt. who is vc,y well acquainted with the area. He said Mr. Thistle tcstifics to the fact that there was never any Oooding on Clay Street until Englewood shut ~11 the drains and put in the golf course. Mr. Waldow said he is asking Englewood to go ahead and put that thiny-six in . Parks and Recreation Director Black said it is a policy of money . he related. but you can put the whole thing back because lhe cutvens arc mostly still tbcrc under lhe McBroom and under the parking IOI there. A man with a backhoe could pu1 lhe whole thing back in in two or three days. he opined. so it wouldn 't cost $1.000 if you went back to the original . Most of it can go in open ditch and it wouldn ·1 be that much to put it in if money is trul) a faclor . Mr. Thistle also addresses the facl that. since they put Bear Creek Dam in. the basin from Bear Creek Dam to Clay Street. and the whole drain basin in there. has developed enough to where we have blacktops and Slrcets and parking IOls to where we could very easily be flooded at Clay Street again . Nccdlcss to say. we don 't want the water from Clay Street and Mansfield coming down Clay Strcct. he said. we want it to go toward the Platte like it originally did . He noted we have been working on this agreement for the past three years. which Council had before tliem and is Englewood 's Ordinance 28. Series of 1994 . On page two, anicle three. first paragraph. it states that the City will put a thiny-six inch pipe in from Clay and Mansfield to the Platte River. Basically. lie said. that is all we are asking you to do. jusa put that in . Four days from now it will have been three years. he said. that we ha\'e been working 10 get this put in . Council Member Vonninag asked Cit)' Manager Clark if staff has 1C1Cn this before. Mr. Clark responded that he has seen it and staff has been working with them on it. Council Member Vormittag asked what .. • 0 '32xl • Englewood City Council June 16. 1997 Page S • t• • the City's side is . Mr. Clark responded lhat it is outlined in a memo contained in the newsleuer. Basically. wc have an engineer lhat is working with us. he said. and wc arc looling at a aiuple of alternatives. The alternative thal Mr. Waldow suggcs1ed involves a land problem. he said. and wc need to acquire an easement bul have run inlo an uncooperative land owner. If the Ci1 y of Sheridan would agree to acquire that right of way, then we aiuld do ii. A second alternative is running the drainage through the golf course itself back to the Plane River. Mr. Clark said it is his understanding that our drainage people are still looking at that and will be making a recommendation to Public Works and the Parks Dcpanment. Mr. Vormiuag asked what we arc looking at as far as timcwisc. He asked when lhe project will be clone if wc go through the golf aiursc. Mr. Clark said it is his understanding that we arc supposed to hear back from our engineer quite shortly and then we would proceed with the project. Mr. Vonniuag asked Mr. Waldow if he would mind if we wenl through the golf course. Mr. Waldow responded thal he would not mind, and that is what he is asking for, to take thirty-six inch pipe from Clay and Mansfield 10 the Platte. He added that he docs not feel there is an acquisition of property problem. Mr. Waldow said Mr. Kloppcnbcrg is one of the best neighbors a person could possibly ask for . He said he originally set up the agreement between Mr. Black and Mr. Kloppcnbcrg and Mr. Hank Baske for 1hat right of way. We asked at that time, he said, for fifteen feet of right of way on their north fence line. which they agreed to. Then. be said, Mr. Black called him up and said Mr. Kloppenberg's attorneys were going wild and asked him to call Mr. Kloppcnbcrg because he didn't Ir.now whal his attorneys were doing. Mr. Waldow said he did call. and Mr. Kloppcnbcrg said he Ir.new exactly whal his attorneys were doing. He said he ag,= to give fifteen feel to an easement and now they want forty feel for the 500 foot length of his property. which is over a half acre of commercial property. on which he saill has lo pay the property taxes. Commercial property is rather expensive and this is all for ten dollars and he is not going to do that . He would have stayed with lhe original agreement. Mr. Waldow said. and. although the line would not have done him any good personally. he was ready 10 do it as a neighbor. Then. all of a sudden. rcsarictions came in and legal problems and hcjusa wasn ·1 going 10 do ii . City Manager Clark asked if it was e xplained why the addilional right of way was nccdcd . He asked if it was based on modem day standards. because the current engineer hired by Public Works will have to stand by his calculations and perhaps conditions may have changed since the mid-sixties. He said he was just suggesting that. if the City of Sheridan has a little bit bcUcr influence or bcUcr rapport with him. then if they want to take care of the righl of way. wc CIIII take a look at that option. subject to engineering approval . Mr. Waldow asked Mr. Clark to look back to that print of 196S and where the railroad has that radius in there . That is at Clay and Mansfield and just below. where it is underlined. there is a I . 7 foot by three foot culvert coming under Clay Street and dumping into an open ditch and then that open ditch goes all the way back down to where the maintenance shed is. He maintained thal the propert)' is aill junk property and has not been used for an)1hing. There is no reason why you can ·1 go back 11110 that property and run that line righl back \l1acrc it was . he opined. Mr. Clark said he is wondering whether the engineer that wc arc using now would stand by that original plan, or whether there arc any byclrological conditions that have chanacd in the area. He said he docsn 't really Ir.now and can 't help him with that tonight . He said the Public Works people and the engineer would be in a better position because he docsn 't Ir.now all the technicll details. although he docs Ir.now that there arc two routing plans that are being considcrcd. one following the routing on this map and the other when: wc would cut through the golf aiursc directly to the river and not follow the Clay Streci right of way . Mr. Waldow said they a rc talking sheet l1ow over the golf course and that is a shame. because it is a beautiful course. To take your stonn water and Rood it O\'er lhat COUl'SC is an absolute sha11ac. he said. • . .. •· • 0 '32xl • Englewood City Council June 16 , 1997 Page6 • • ,. - 'The superintendent there knows exactly how much water he is putting on and does an excellent job on that grass . Mr. Clark said we arc willing to accept responsibility for our water if the engineers tell us that is the best solution. 'The enginccr may come bad and tell us that is not the best solution and to go with the alternative plan. Mr. Waldow said we have two things here. One. our enginccr's repon says to put it back where it originally belongs and the second one is Ordinance No. 28 of 1994 where the City agreed to go ahead and put a thiny-six inch pipe in from Clay to Mansfield to the Platte. All we arc asking you to do, he stressed, is live up to what you agreed to in your own ordinance. Council Member Clapp asked when Mr. Waldow's enginccr advised to do that work . Mr. Waldow responded that it was May 8. 1994 . Mayor Burns said he was glad Mr. Waldow came because he looked at this timelinc and noticed that Mr. Kloppenberg had appeared 10 agree to an casement and then the next year he was getting an attorney and there was no explanation as lo what happened in between . The right of way issue and the width of ii answers some oflhal question, he said. but ii sounds like this is a work in progress that may yet be resolved . Mr. Waldow said there arc better ways to run than 10 run up on that propeny . and the least expensive is lo run ii back where ii was originally. He said he would love 10 walk ii with anyone who would like 10 come down and. he opined, once they sec what he is talking about. it simplifies itself. 'The propcny that you would run that open ditch through is still junk propcny from when the course was originally built, he repeated. Mayor Bums thanked Mr. Waldow for coming and explained that the ordinance that he presented 10 Council is a condensed version of the agree1nen1 that was in the Council packet . 7. N1111-tdledllled Viliton Mayor Bums said the first four people listed on the rosier appear 10 be from Orchard Place. which is a Housing Authority projccl . He stated that be is ll)ing 10 be carcf'uJ about what he says here because he is the chair of the Housing Authority Board . Al1)1hing that comes before Council in regard to the Housing Authority. he explained. he is conflicted out immcdialdy and he will ask Mayor Pro Tern Habenicht to sit in for him and condua 311)' proceedings. This is the period. however. when we normally just receive comment and that 's it . but be said as he goes dlM'R the list. he will abstain where necessary . Ma)'Of Bums staled lbal these presentations will be limited to five minulcs. (a) Ann Burris. said she has been a resident of Orchard Place for two and half years. and last year was secrcta,y of the Orchard Place Resident Council . Her duties included writing a proposal for a $5.000 grant from Burgner Funds. During the past two and a half years we have had two different executive directors. three different propeny managers. two dilferenl sets of building allendants. and one set of assistant building attendants. she said . Now you will be nan1ing a new exccu1i,•e director. We at Orchard Place would like 10 sec pennancnl and rational lcadcrship for all of Englewood Housing including Orchard Place. she said. II will be two ycan ago this September that Stan and Betty Phillips were named as building attendants. Ms. Burris said lhc uneasiness and questions began when the rcsidenls rcali:zcd that two residents. Sherrie Dillion and Ernie Macs. were hemming personal friends and singled out for special lrcatrnenl . From this. they have built a group of approximately ten 10 twelve "Stan fans" who sit in the lobby day in and day oul and watch all the other residents. She said the Phillips' quickly determined that the resident council should be run much dilfcrenlly. They ousted lhe lhen officers • . • • Englewood Cily Council June 16. 1997 Page7 • • - ,. by lhe expedience of badgering and harassmenl and eleeled a new sci of officers lhey fell 1hey could easily manipulale. She wenl on 10 say 1ha1 lhe council was lhen administered oul of lhe lobby instead of lhrough lhe council meetings. By the end of lheir one year tenn. lhe officers had become wiser and were praying that someone would oome along to replace them . No one wanted to take on lhe job, lhe responsibilities plus the headaches plus Stan who had said thal he does not care about the council and bylaws and that he would do whal he wants. During 1he in1erim lime from January 10 March of Lhis year, when no fonnal council was in place, a notice was suddenly pul up on lhe bulletin board for a chili dinner 10 raise funds for a pool table. This was not discussed or voted on in a council meeting, she said, and, in fact. no other dclails such as COSI, size, when we would buy ii, where we would put it, who would use ii, or who would maintain it were ever given. Three days after lhe dinner, she went on. lhe treasurer of our Burgner funds IIIXlOWII wu IOld to write a check for $800.00. The pool table had already been bought by Stan Phillips and lhe $800.00 was lhe difference between whal had been colleeled and lhe purchase price. The Burgner Fund grants, she assened, are allocated 10 non-profil organiutions for lhe educational. entertainment and social use as specified in lhe proposal . Al lhe 1i1ne of wriling 1he proposal. we were 1old by 1he Burgner Fund grant commillee lhal capilal expendilures were not allowed . A IOlal ofSl.100.00 for a pool !able certainly sounds like a capital cxpcndilure 10 1ne. she exclaimed. During 1he past lwo years. lhe Phillips· have had several confrontations with residenls resulling in yelling malches and extreme stress and heallh problems lo tile residents. ln fact, most residenls fear and wonder if 1heir lease will be terminaled. Let me assure you, she said. when a man of six feet four inches and 300 pounds confronls an eighty to eighty- five year old woman who is barely 100 pounds. the person is very inlimidaled. We have one such residcnl, Henrietta Smilh. who was al Pearl Harbor on December 7. 1941 . Ms. Burris assured Council thal Henrietta does not mince words. Thrcc different times Stan or Betty have gotlcn in10 tirades with her with each one resulting in serious health and hc:an conditions 10 Henrietta, she relaled . As time has gone on, many of us have realiz.ed Hcnriclta has been in tile right, cspccially now as similar si1uations have happened to Olher residents usually with resultanl hc:allh conditions. Ms. Burris asked if someone has to die before something is done. She also asked if lhis is not senior abuse and harassmenl. She said lhat, in lhe past 1wo years. the Phillips· have conlinually ignored lhe request for confidentialily when personal situations were discussed wilh lhem . While in lhe lobby. !hey have repeatedly discussed the various management problems with residents lo any one silting 1here. This has scared lhe elderly residents so much we now have a satellile police office in our building. They also have made derogatory comments about and to various residents as lhey go through lhe lobby . Now most residenls take lhe elcva&or 10 lhe second noor and then walk down lhe Slairs and go out the side doors . We are all low income residents and need IO live al Orchard Place. she said. and are not able. physic:ally or financ:iall)'. IO move some place dsc. For most of us. this will be our home for the raa of our lives. she said . Ms . Burris told Council that she is asking for their help and thal lhey plcue consider die appoilllJDCIII of a new executive dircaor wisely. She alill asked lhat Ibey consider lhc reocwal of lhc conuaca for Stan and Betty Phillips very wisely . She asked if it isn '1 aboul lime for a chantc that could result in bcUcr living conditions for all lhe residenls of Orchard Place. as well as all the residents of the Englewood Housing Authorily. and 10 restore public confidence. Mayor Pro Tcm Habenichl look over lhc meeting a1 lhis time and asked Cily "ttorncy Brotzman to explain Council· s roll regarding lhe Housing Au1hori1y and in 1enns of lhe hiring a11d the C\·alua1ion of the excculive director of lhe Housing Aulhorily and of people who work for Orchard Place. Mr. Brotzman said the Englewood Housing Authority, which is a scparale govcmmcntal entily, runs Orchard Place. It has separale perso1111CI from the City thal take care of lhat. By chance. he said, our Mayor and the chainnan of lhe Englewood Housing Aulhority happen to be one and lhe same. He said their concenu; are very valid. and importanl lo us. and when they enter lhe criminal field. certainly our police department responds to those. The only problem is thal Council does not appoint the personnel at the Housing Authority, that is the Housing Authority Board 1ha1 does lhal. lliey are separate from us and thcle concerns should really be going to lhem rigl11 "°"'· •· • 0 Englewood City Council June 16 . 1997 Page 8 • • An unidentified person from the audience staled that they ha,·c already been there . , . Mayor Pro Tcm Habenicht. in response 10 SOlllllOIIC "'·ho asked to speak from the audience. said \\'C need to make sure that we an:: following the rules of order in this meeting. She consulted the City Attorney and stated lhat we would go on wilh the meding and if someone wants to ask a question they can do so when their tum comes up. (b) Mark Klacss. a resident ofOn:hard Place. 3-425 South Sherman Streel. said he was cleclcd president of the resident council back in Mardi of 1997. One of the thinp that has taken place. he said. is that Mrs. Ozburn. who has tried ID a,mc in and take ow:.-our a,uncil. has OUSICd him through her own vindictiveness. He askcd Mayor Bums ifhe n:iceiwd a certified lcaer. Mayor Pro Tcm Habenicht asked Mr. Klaess not to direct any qucslions to Mayor Bums at this time as he has exempted himself from any discussion here because of a conflict of interest. Mr . Klacss apologized and continued that there were copies of the ccnificd letter in the folio he passed out ID them. The problc:n1 that we are running into. he said. is that when he spoke to City Manager Clark some time back. a meeting with Mrs. Ozburn was arr,mgcd. but she did not listen to what we had to say. She turned right around and did esactly as she wished. There arc problems in several different areas. he advised . She has invited pcoplc in to stand as supposed non-interested parties. which he said he found out is not true . Mr . Ed Sanborn is an example:. He was al one time a oouncil president over at Simon Center. Mrs . Ozburn has stated. and she continually uses. not temporary. but implies that she is the permanent director ow:.-there. She has clone many thinp which, as far as he is conccmcd. an:: immoral. improper. etc .. he opined. At the May s• oouncil meeting. he said he had staned his oouncil meeting. and she came into the meeting with two Englewood off"KJCl'S and told him that he oould no longer run the meeting. that she was putting Mr . Sanborn in charge as tempora,y prcsidcat and that Mr. Klacss was 01151ed . At that time, they had a recall clcction, pre-printed ballots and all. but no word was ever given to him. He said he was not told of this and was not given 311)' warning so he could have his constituency there. The vote turned out twenty-ie\'Cn to twenty against him. but the room \\115 pactr.cd. he said. There was a petition that was put in, he said. which made no comment as to why or what the reason for the recall was. He said he has ncvcr been told the reason. although he has asked . Mayor Pro Tem Habenicht said Council has his packet and his ICltcr explaining these thinp. She said she is conccmcd that the things he is talking about are intcmal problems that he nccck ID discuss with the Housing Authority Board wllicll has authority ow:.-lhis. She asked agaiu that City Anonlcy BrOlzman clarify the interaction ~ the City Council and the Housing Authority so that Council will undcnland if there is anything they have liOIIIC ability to do something about . City All~' Brotzman n:pcatcd that the Housing Authority Board takes care of all pcnonncl at Orchard Place. He said Council will transmit all the docu1nents to the Housing Authority Board. which mccu J1111e 2s•. All the concerns they arc e:.;prcssing arc ,•alid. he said. but they arc for the Housing Authority. not for City Council. Mr. Klacss said the reason they decided to come to City Council is because they ha\,: attc:mpled to go through various processes ID get this matter resolved . We ha,,: pcoplc O\'Cr there "'ho really don·, care about the pcoplc in there. He said he oould give them many examples. The problem is. we have a - here who is just about to be named to office and docsn 't dcscrvc the job. he asscncd. Mayor Pro Tcm Habenicht stated again that this is not the proper \'CIIUC for this. She said she coacun with our City An~, "''ho is saying that ccnainly I~ ha,·c sillCffC and unponant conccms and they • 0 1 32xl ------------------------------.--~-------------------------------,;---- • Englewood City Council June 16. 1997 Page9 (. • , . • need to be taken to the Housing Authority Board. lfyou have tried to do that. she said, and have had difficulty, she feels Council can help by passing this infonnation forward. City Manager Clark said it was his understanding that the Housing Authority brought in a representative from the U .S. Depanment of Housing and Urban Development to assist in working through some of these issues. Mr. Klaess said that did not occur. 1lle gentletnan in question came in to count votes and was there for only one meeting when the nominees were present. he said, and Mrs. Ozburn stated tbat he would oount the votes and Mr. Sanborn would oount the votes. 1lle problem is that votes were tampered with and that Mrs. Ozburn swed the ballots would be picked up through the weekend but they were not . Mrs. Ozburn also swed thal she would number the ballots, but this was not done . He said he received a very insulting and clcmcaning phone call from Mrs. Ozburn where she as much as called him a liar and told him that two people saw him messing with the ballOI box. What happened with the ballOI box. he explained, was that it had not been emplied and was •uff'ed full . He said he and the building auendant made a patch O\'CI' the top of the box and asked people to hold off until Tuesday when it was emplied . The building attendant was told~· someone to remove it and all of a sudden it was myaeriously half emply. Mr. Klacss stated. Mayor Pro Tem Habenicht said she believes this is the discussio11 that he and the people with him should be having with the Housing Authority members. 1bc Housing Authority members are VCI)' much like the a>uncil that you are talking about. she said. and they ha,'C direct respoDSlbilil) O\'CI' the staff and staff decisions. We do not have that. tihe •resscd. and in this \'CIIUC it is appniprialc for you to share your conocms. it is always appropriate to do that. at the 5alllC time. this is a ~ thal needs to be between the Housing Authority and you . Nol with the su«. it lilOllllds like you laavc clcalt •;di the staff. she said. but your next •ep is to go to the Housing Autlaity IIIClllbcrs •• IIM'C ooauol of this. Mayor Bums said a new director of the Englc:wood Housing Alllhorily was hired on Friday. It is not Mrs. Ozburn, she was not a finalist for the iaterview5 and this is a DC1' higbly expaicna:d pcnon who is coming in from outside the city. It ,.;11 take a oouplc of weeks before sbc ,.;11 be on board. he explained. but Mrs. Ozburn is not the new director so we •ill ha\'C an a11irel) new pcnoa who •ill be reviewing this. Mr. Klaess conuaented that this is not the only pcnon they ha\'C problems ,.;th. Right from the very top on down you ha\'C people there •-ho totally ignore what is being said and are pan of the ~Stan Fans.·· Mayor Bums said the new director •ill review all penoaacl when she axncs in . Mr. Klacss said he is not a hard man to get along with. He said he has a leatpCI' like all)4,ody dsc, he is not violcot , although he has been accused ofbc:ing violent by these people. He reminded Council that NO\'Cll1bcr is coming. He asked all the people from On:hard Place to Slalld up so the Mayor could sec how many people here are concerned •ith this. He said that this is quite a number of pc,oplc and we can wort for or we can work against . We would prefer to work for . he said. because you have done some fine things in this City. Council Member Waggoner asked if they ha,'C tried taking this to the Englc:wood Housing Autlaity. Mr. Klacss said we have taken it to who \\'C know. Mr. Waggoner asked again if they have taken it to the Englc:wood Housing Authority, to which Mr. Klacss responded affirmatively. Mayor Bums said the Board has not reviewed this. Mr. Klaess said not the Board. up until about three weeks ago he didn 't cvca know about the Board. He said he has tried many things and been frustnled in every direclioa he has gone. We have situations here that upset me greatly. he said. this cxpcaditun: of moneys tllat had no busi-being spenl by Mr. Phillips. the harassment of people in the building. •· 0 • Englewood City Council June 16. 1997 Page 10 • , . • Mayor Pro Tern Habenicht told Mr. Klacss that we arc digressing into a discussion and that is not this pan or the IIIClding . She told Mr. Klacss that he needs to go to the Housing Authority Board. and, now that he knows they exist, perhaps he can gd help there. Mr. Klacss said he certainly hopes the)• can gd help somcwhcrc. because when you have elderly people that arc being threatened with eviction it is a lillle ridiculous . Council Member Vonnittag said Id's state for the n:cord when they mcc1 and where they mcc1 and the lime they IDCCI . City Attorney Broczman said they IDCCI on June 2511, at 5 :45 p .m . at the Housing Aulbority Building. 3460 South Sherman Street . Mr. Vonnittag said for him to bring his gang there and that is where you can talk to them. Mr. Klacss said he docs not call them a gang .and he resents the use of the word gang . Mr. Vonnittag said he meant the group. Council Member Nabholz asked. if they find they have not gotten some form of resolution after they have approached the Englewood Housing Authority Board, whdher there is another avenue that they can take . City Attorney Brotzman said that would actually be a coun action after that. Mr. Brotzman stressed that Council would like to help them. but they don't employ the Housing Authority personnel . Mr. Klacss said he understands that. but indirectly they arc still City employees. Mr. 8rot7..man said they arc not, and again stressed that they arc not City employees whatsoever. They arc Housing Authority cmployccs. so that means they went to the group that doesn't employ them. He told Mr. Klacss that he is really t,ying to get an employment action taken care of. and that he really needs to go to who employs them, and that is the Housing Authority. This Council would lo\'C to help you. and they arc going to do everything they can to get the information that was prcscnled by Mr. Klacss to the proper people. he asserted. But that is the Housing Authority and that is who hires and fires those people. Mr. Klacss said he certainly hopes they ha,'C a lot or room in that aJURCil room because then: will be a lot of people there. He said the dilemma they are facing now is the)• wortcd \'Cl)' hard to keep this quiet that they were coming over here and he would like the coofadcnliality kept away from the building. Council Member Waggoner said this is a public meeting and \\'C ha\'C newspaper people here. Mr. Klacss said he doesn't care if Mrs. Ol.bum knows it but we ha\'e worked ,•cry hard to gd this mccling together. It has just gotten out or hand and it is about lime that somebody stands up for the people O\'Cf there. he opined . (c) Gcnrudc Connors. 3425 South Sherman Street . said she wondcB if there is any use to give any information at all . She said her problem is that, on Thursday afternoon. June 5. 1997 at 4 :00 p .m . she left her apartment to get her mail, but forgot her key . She went to the building attendant, Stan and Betty Phillips' aputmcnL number 105. to have one or them axne and unlock her door. This is pan of the duties or the building ancndants. she added . As she walked toward their apartment. she saw Leo Miller. the assistant building allcndant. walking out or the nonh entry door. After knocking a number of times at number IOS and no answer. she waited and knocked again. but got no rcspomc . This continued until 4 :50 p .m . Apparently the Phillips' \O'Cl'C not on duty. she said. There is an assistant building attendant and his wife 10 help out "hen emcrgcnacs arise. but then: was no coordinauon that day At 4 :50 p .m ., Ms. Connors said she IO'CRt to the south end of the hall to the maintenance room . Jesse and the CET A )"oung people IO'Cn: lhcrc. so he came to the third Ooor and unlocked her apartment . She said this kind of complaint has been going on. and then: arc other things. too. People lia,,e Id the phone ring for ten minutes and no an5"-cr. Mayor Pro Tem Habenicht thanked Mrs. Connon for her conunents and again Slated that. while Council is very oonccmcd. she would urge her to meet with the Englewood Housing Authority Board and make them aware or these problems . .. • • • • • ' Englewood City Council June 16. 1997 Page II (d) Vada Bishop told Council that she has been a resident of Orchard Place for fifteen years. She asked why they were told by Mary Ryan-Ozburn that the building attendants can not be fired. yet in this ClOWltry we can even fire the President by impc:achment . She asked why the Phillips' can break all the rules in the book. but Slill no action is taken againSI them . Rules such as giving out master keys to their friends and handing masler keys out to someone who claims to be from Public Service. She said it seems that Mr. Phillips can play poker C\'Cry Saturday evening for what could be considered high amounts of money by some of the tenants. This, she said. is also done while he is on duty. He holds his game in the community room, ROI in his apanment. When he was told he could no longer have his game. he told the Englewood Housing Authority that, if this is the case. then the ladies could not play bingo al ten cents a card for two cards and a big pol of about fifty to saauy-five cents. Ms. Bishop said the Englewood Housing Authority told Mr. Bishop dial was okay . Ms . Bishop went on 10 say that it seems Mr. Phillips has put his brand on the building wheel chair. He has left it in shambles. unfit for safe use by othen; who may use it from time to lime. She m:allcd that there was a resident down in the lobby talking badly about Mr. Klaess and she was making false accusalions about him on lop of this. She had her Bible in her hand and Ms. Bishop said she told her she was a hypocrite . She told several people after that that she had been called a hypocrile. then she turned around and submitted a grievance saying that Ms. Bishop had called her an SOB . II was reponed 10 Jacqui Picketl.. an educated woman. that Ms. Bishop had called her an SOB. after which Ms . Bishop told Ms . Pickell that she had not called her a name, but a hypocrite. Mn;. Pickell ~ that hypocrite and SOB have the same number of syllables. Ms. Bishop stated that. on IIC\'Cl1II oc:casions, she has heard Mr. Phillips tell Olhers that if they don 't like it this way. then move out . He has stated we no longer go by the rules. \\'C have broken them all and the Englewood Housing Authority won't do anything about it. Council Member Wiggins stated that ll''C are powerless. We sympathize .-;ith you folks. he said. and understand that you have a problem. but we have no power . We ll'ill II=( this information to the Authority so they are aware of it. but we can't help you . V ou are jUSI wasting your time coming hen: and speaking to us on this matter, he said. Mayor Pro Tcm agreed that they sincerely encourage them to take their concerns to the Englewood Housing Authority meeting. She turned the meeting back over to Mayor Bums. (e) Chauncy Dunn told Council he owns the propcny at 3101 South Clay SUeet . He Slid he has siK acres thet'C and can handle his own water. 1bc drain then: is a hisaorical drain that goes back illlel the IIIOO 's. He said he has 132 mini-wuchousc units and a tlllal of 496 with the mini-wuchousc. IIIOIOr homes. boats. campers and difl'cmit things . He Slated that. laSl week. Mr. BIUUmU l'CICCMld a letler from his attorney and the place was flooded very badly . This drain was covered up when the golf ClOUl'SC was developed. he said. and he personally wcn1 in there and opeaed it up . although he realizes he was tn:spaaing. It has been covered up since. and he WClll back and hand dug it. He asked that he be given permission 10 go to Dave Lee. who he said he WORS with very well . and have this drain opened up to solve his flooding problems. You can't II=( IIIOlor llomcs up or down Clay Street. Last Salurday's storm was a prc:tty good one. he said, and they Oooded badly. He said he is sincerely asking Council to give him some help to II=( the drain opened up. This has already been three ycan and he really needs it opened up juSl as soon as possible. If not. he said. he will have to open it up himself because he has to saay in business . (0 Gilben Stark. 3161 South Broadway. said he isjusa about 10 clan up the lol again• 28'0 South Sherman Slrcet . He said Council Member Nabholz has really done a bcauliful job on it and he congratulaled her. He said they did go over today and mow the weeds down. but they did ROI clean any uuh up , or the trees or the meu that pc,oplc are doing that are living in the uces. They are buildiag fires thet'C and using the resaroom then:. and he asked Council to please do IOIIIClhing . • - ~ • • Englewood City Council June 16. 1997 Page 12 • • • Council Member Clapp asked what the status of that propcny is. City Manager Clark said it is his understanding that citations have been issued to the owner and they will be brought before the municipal judge. Additionally. he said he and Council Member Nabholz arc going to lour the propcny later this wc::c:k. Mr. Start said that is not getting the lot cleaned up and all the feces and the urine smell. There is a fish tank, he said. that has been down there and the people came over today and they picked the fish lank up and they put ii on the other people's lot . He said this smells and he does not know if there is City Hall injusljoc or if somebody within the City is working with somebody. He said he went by the Gothic Tbcalcr and it is all boarded up and the weeds arc pulled. He said he doesn't have much money and can't build a park. but at least the Gothic is cleaned up. He asked why that lot can't be cleaned up. Council Member Clapp asked. if people arc using that to relieve themselves, whether we arc going by there on a regular basis lo cite people. City Manager Clark said he underslands there have been several inspcclions and he is not sure what the citations were for . He said ii 1nay be necessary that wc clean the lot. file a lien against it, and then take a 7.ero tolerance policy from here on out. Council Member Clapp asked if there arc people living then:. Mr. Clark said it is a vacant lot . and the owner is supposed to bring in some son of a 7..oning change. but that is no excuse for leaving the lot in bad shape. Mr. Stark said this has been going on for five years. and that is why he thinks there is someone in the City that is working hand in hand . City Manager Clark said we will try t.o get the situation corrected. (g) Beverly Cummins. J 1811 South Lincoln Street. said she does not think there is any use in doing this. We arc all human beings and these folks arc human beings, she said. 1lley have come out here to talk to Council as human beings. not necessarily that they have power. because. she acknowledged. it doesn't sound like they do. It is to let you know what is going on over there. she said. Ms. Cummins said she used to live there for a shon while and knows what it used 10 be like and she knows what it is like now. She said she had to take her mom to the hospital just before Christmas with what they thought was a bean attack. but instead ii was just the stress. She asked Council if they know what it is like to have to get a ride from somebody dse. to depend on somebody else to get over three or four blocks. These folks arc seniors and they need your help, she said. 1lley have come out here to get Council" s help and they arc being turned away. She asked why. as people. Council can't see their side. She said her mother. Vesta Frank, was the very first person to move in over at Orchard Place. and they have never had any problems until the Phillips' moved in . The managers have been wonderful up until then. she opined . She related that they have already gone to Mary Ryan-0.d>um and she wrote it all down. and wc couldn't have a tape rcc:onler. she said. but she could write ii all do"11 . Ms. Cummins asked where it all went. nobody probably saw it. so what ·s the use. These folks arc getting ready to get up and leave because they know they have gone to all of this for nothing, she said. We arc all going to gel old some day . Why have a security building over there. she asked. because there is no security and no peace of mind. There arc people in and out of there constantly and we even have police over there now because of all the problems. There was a study, she advised. that found that people who arc under stress like this arc like people who have been in a war. and prisoners of war. Afier a while they lose all of their willingness to live. to fight . to even give a dam. and this is the way this bunch is hcadccl because nobody will help them . She said she is Vesta Frank's daughter. her mother is eighty-five. and this is causing her a lot of stress. The Housing doesn't help them. She repeated that they need help. as people . and being a ~ meaas -tllu some words written on a piece of paper . She said she hopes she has hit Council's bean because, ... 11 •· • Englewood City Council June 16, 1997 Page 13 ·, '· • • • where she was aiming. lxx:ause somebody needs 10 help lhesc people. She said Ibey need 10 get rid of Stan and bis wife lxx:ausc Ibey are lhe biggest problem 1herc. Council Member Clapp asked if lhen: is a way 1ha1 the City or Council coulcl. not necessarily get in the middle of somdhing lhat Ibey shouldn '1 be in 1he middle of. but do something to help the Housing Authority. She said she knows they have gone a loog time without a din:ctor and perhaps that hasn't helped things and maybe wc should have been offering our help sooner. Mayor Bums said lherc really isn '1, we have a new din:ctor and 1hcy arc going to have 10 be the ones 10 lake this up. The Board has not looked at this yet and ii just has to be dcall wilh by 1he Housing Authority. he said. He said this is terribly difficult for him to listen 10 lxx:ausc this is not the way the Housing Authority normally runs and he is very ooncemcd and wants it oorrecled. Mayor Bums said he wants this addressed by the new din:ctor and the board. Our new din:ctor is an extremely expcriena:d individual. he said, and is very highly regarded for her ability 10 relale to lenants and staff. Council Membcl-Vorminag asked if Council can n:ccivcd a a,py of lhe Housing Aulhority minutes for the meeting as soon as possible so 1ha1 they can be abreast of what's happening. Mayor Bums said lhe din:ctor will not be on board by lhen and 1ha1 he will be anending 1he Colorado Municipal League Confercncx: that day. He said he will get back 10 lhc vice chair after 1onigh1 and the other members. 1llcrc was a letter scnl 1ha1 all of1he Board has. and he will lalk to them some more about Ibis and see what wc can do abo111 setting up something al lhe 1icx1 meeting. Council Member Habenicht asked if the Housing Aulhorily meetings arc open 10 lhe public. Mayor Bums said absolulely. Ms. Habenicht said that would be a reason then for any individual on Council or anyone in the audience or anyone who is a,nccmed to go. Mayor Bums said the Housing Authority meets in a small room so he will have to talk to them about how to pursue the next meeting if wc have fifteen or twenty people. Ms. Habenicht suggested that the City could be helpful in providing a space. Council Member Vormittag suggested the Malley Center. Ms. Habenicht suggested Orchard Place. Council Member Wiggins said it would sure make it easier for the people to gel there. City Manager Clark said he met with Mr. Klacss two or three times and also talked to Mary Ryan-Ozburn about it. He said he has extended the coopcntion of his office wlicrc they feel IICICCSS3ry in trying to work through these issues. In addilion we had the neighborhood impact team and the neighborhood watch people go over and visit with them and see if Ibey could wort through some issues. He said he had thought they broughl in a rcpresenlative from HUD. bul apparcnlly that was just to monitor a tenants' election. He said he thought Ibey brought in a tl1ird pany 10 help the tenants work through some of the a,nflicts then:. Mr. Clartt said his office will make their rcsoura:s available to either the tenants or the Housing Aulhority lo see if we can work through these issues. He feels it would be better if both the tenants and the Housing Aulhority oomc IOgclher and ask for 1ha1 help if they can ·1 work it out amongst themselves. (h) Thelma Redell. 4942 South Galapago Stn:et. said she just came to show her suppon for her friends at Orchard Place. She said she has visiled friends al Orchard Place for many years and ii used to be a nice relaxed aunospherc for the rcsidcnls lherc. From visi1ing lherc n:ccntly. she said she knows there is tension in Ilic air and sonic of 1he people stay shul up in 1hcir rooms lxx:ause they wanl 10 avoid oontact with 1his person who is causing so much !rouble lhcrc. He seems to have no feeling. no rcpnl for their feelings. She said she works wilh Vesta Frank al her storc. lhc Mini Flea Man . Ms. Redell said she can just take one look at her in the morning and know when she has a,me in contact with this person on her way out to go to wort and he has been very rude and crude to her, or else something has happened in the evening and she hasn't slept all night. She said she told Ms. Frank that. if things don't get bCllcr 1herc, she would end up in the hospilal. and she did . .. • • • • Englewood City Council June 16. 1997 Page 14 (i) Clifford Muller told Council he is a resident of Sheridan and he has two reasons for being here. He said he is a recipient or the water that a,mcs down on Clay, and has gone out into his yard up to his ankles in water. He said he lives right next to Mr. Botkins at the bottom of the hill . The fifteenth green. he said, is nothing but a lake when that Mier oomes down that hill . He said he was asked to be inwl\'Cd in the condition of Orchard Place as an AARP representative from the State Legislative Comminee. lbis is an issue. he said. that doesn ·1 need to get as far as the Legislature because it is an issue that can be taken care of here . There were SU bills before the Legislature lasl year and nobody can take can: or that many bills. Some or them. he said. can be taken care of locally. and this is one of them . He told Council there is no reason why they can't get inYOMd, because they are people that care. odlerwi9e they wouldn't be putting their time in as represcntalives of' the people . As long as you are putting )'OUI' time in, you should be representing those people. he said. Mr. Muller said he was on the housing board in Sheridan for eight years and the people were very pleucd with the board and he does not ICC why it can't be done that way here. He advised Council to be ";111 the people because tJia1 · s why they were elecled. (j) Ron Gold told Council his residence address is 2812 South Banned Street and 4285 South Broadway is his business address. After his Englewood Herald letter appearccl, which the news paper entitled "Pawnshops are Nol Good Neighbors". over a do7.Cn neighbors penonally wiced suppon, he advised . Today he spoke with Bob Simpson. who said the pa"11 licensing ordinance can be amended stating that no Englewood pawnshops should be permitted to pa"·n or sell hand guns. He recalled that Mr. Kaufman or U.S . Pa\>11 said at the lasl Ci1y mming that his S1ores do not sell hand guns because of the crime problems, but mosl other Englewood pawnshops do sell hand guns. Stolen weapons are a huge crime problem, he SIJcsscd . JUS1 one California liand gun facto,y alone recently had fifteen thousand Slolen, unregiS1ered guns. some of which have been involved in crimes nationally . Just as bill fifty-live before you is designed to light gang violence, he said. City Council can also help prevent violence by amending the pa\>11 bill to Slop hand gun sales. (k) Judy Dunlop, 2935 South Acoma Street, addressed the passing or the ordinance against day lalxw services to prohibil 1hem from the B-1 and B-2 1.0IICS. Nol only are these businesses not resident friendly. she said, but neither are they recail friendly . In the laS1 year. she S1aled. on the rec.ii end or ii. there have been two businesses wilhin 500 fad or Stand By Personnel. one day care center that was p111 oul or business, and M.D . Liquor and Drug was atreded. Now the clog groomer keeps her door locked and paper over her wincloM because a large. ominous looking man. who was high on alcohol. had enlefed her S1ore n:ia:ntJy and demanded 1ha1 she give him a oomb. Ms. Dunlop said the groomer left her previous location because it was close 10 a day labor place and now she is unccnain "nether she can S1ay here. She added that the closing and leaving or Stand By Pcnonnd bas made a difference in the neighborhood. they all have a sense of relief. and she urged Council 10 pass 1hal ordi11ancc . (I) Vicki Laltimcr. 2111 S South Broadway. said she is the °"'lier of Pa"11 Bank. She explained thal she sells firearms. bul is liccnled 10 do m jllll lile Gan Brothers or any sponing goods S1ore . A hand gun can not be purchased from us. she said. ";1ho11t the individual that is purchasing ii filling out lhe paperwort and going through a complele background check ";1h lhe Colorado Bureau of Investigation. so ii is very dilflCull for a criminal 10 purchase a hand gun from us . Council Member Habenicht asked if she would be adverse to elimina1ing lhe hand guns from her business. Ms. Lattimer said ii is a large enough pan of her business thal she would objcCI 10 ii . Tiic guns that are sold from her saore. she explained. are guns 1ha1 are sold for prOloction. ~ "·ho you would not want to ~ a gun is probably not going 10 purchase the gun from a business. She said she does no1 feel ii addresses lhe problem or criminals obtai11ing guns because 1ha1 · s not "'here Ibey obtain them. • . .. • , • • • <. Englewood City Council June 16. 1997 Page 15 Council Member Vonnillag asked if a pawned gun mUSI have a serial number on ii . Ms. Lani mer said thal is com:ct . Mr. Vonninag said 1ha1 you would 1hen know 1ha1 is was Slolen by 1he serial number. Ms. Lanimer agreed. adding 1ha1 all pawn tickets are reviewed by the police depanment. Council Member Habenicht asked if she had C\ler e"-pericnood a !heft . Ms. Lanimer said she has had lwo thefts, one of which was a gun. (m) Richard Manning said he has worked in Englewood for the last twenty-five years. He said he bas a very strong feeling about the gun problem. He said he is a lifelime member of the NRA and feels we have very good laws prohibiting drugs. but they are not getting rid of the drugs. Responsible people who sell weapons 10 responsible individuals is the only way we can do it. because outlawing guns will not gee rid of them or the criminals. (a) A leltcr from Andn:a Mcnin-Giem indicaling her resignalion from lhe Englewood Clean, Green and Proud Commission was a>nsidcrcd . COUNCIL MEMaER VORMl1TAG_MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET A LE1TER OF RESIGNATION FROM THE CLEAN, GREEN AND PROUD COMMISSION FROM ANDREA MENIN~IEM. Ayes : Council Members Nabhol7, Vonniuag. Wiggins. Habenicht. Waggoner. Oapp. Bums Nays: None 1be mocion carried. (b) A lencr from Rohen Mason indicaling his resignation from the Englewood Planning and Z.OOing Commission was considered. COUNCIL MEMaER VORMl1TAG MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET A LE1TER OF RESIGNATION FROM THE PLANNING AND ZONING COMMISSION FROM ROaERT MASON. Ayes : Council Members Nabholz. Vonnittag. Wiggins. Habenicht. Waggoner. Clapp. Burns Nays: None The motion carried. (c) A lctler from Ann NablK>lz indicating her resignation from the Clean. Green and Proud Commission was considered . COUNCIL MEMaER VORMl1TAG MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGUT A U:1TER OF RESIGNATION FROM THE CLEAN, GREEN AND PROUD COMMISSION FROM ANN NAaHOLZ.. Ayes : Nays: The mocion carried. Council Members Nabholz. Vormittag. Habenicht. Waggoner. Clapp. Burns Council Member Wiggins Council Member Wiggins reanarted lhal he would like her to stay on the Commission . • .. • Englewood City Council June 16. 1997 Page 16 '· • • Mayor Bums thanked Council Member Nabholz for her diligent work on the Commission. 9 . ,_blic Heari•J No public hearing was scheduled before Council . 10 . c. .. t A,:nda COUNCIL MEMBER CLAPP REMOVED 10 (a) (ii) FROM THE CONSENJ' AGENDA COUNCIL MEMBER WAGGONER REMOVED 10 (a) (ill) FROM THIE CONSENT AGENDA COUNCIL MEMBER VORMITT AG MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) ON FIRST READING. (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO.S4, INTRODUCED BY COUNCIL MEMBER VORMTITAG A BILL FOR AN ORDINANCE AMENDING 1111.E S. CHAJ>n:R 3A. SECTION 7. WITH 11IE ADDmON OF A NEW SUBSECilON D , PERTAINING TO LIQUOR LICENSE RENEWAL OF EXPIRED LICENSES; AND Tl11.E S. CHAPTER 38. SECTION 5. OF 11IE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO AN INCREASE IN LIQUOR LICENSE FEES FOR 11IE CITY OF ENGLEWOOD, COLORADO. Voterealts: Ayes : Nays : The motion carried. Council Members Nabholz., Vormittag. Wiggins. Habenicht. Waggoner. Clapp. Burns None (ii) Rcganiing a rc:cooamcndation from the Dcpanmcnt of Safely Scrvicics 10 approve a bill for an ordinance aa:cpeing funding for a Gang Rcsisiancc Education and Training program. Council Member Clapp said she •'85 very confused as she went through this whole thing. She said slic is having a hard time unden:landing exactl)' what this program is . It looks like ii is tied mniehow IO our D .A.R.E. program and currcn1ly that is with 1he fifth graders. and this is proposed with the~ graders. Somehow I feel that WC should ha,,c had a Sludy session with the school board with tllis. SIie said she also read that this would nol take care of all the funding and she ~ like 10 k-•illl olhcr funding for this program the City ~ be asked to come up with. She said she would like IO ~ where they arc condUCling these l)'pcs of classes and what the children get fro111 it . Deputy Director Olson. Dcpanmcnt of Safety Services. explained that this is a n:axnmcndalion that our folks. cspccially the D .A .R.E . program. have been working on for about the last year -· This is a program that the Dcpanmcnt of Alcohol. Tobacco and Firearms actually sponsors. he said. and we may be one of the first in the State that actually has this. We arc proposing that wc substitute the pn:scnl sevenlh grade D .A.R.E. program with the G .R.E .A.T. program. which essentially addresses gang resistance and education training. which we feel is becoming a problem . II has been addressed several times with the school board and they are always asking for more and more education on 1his. more and more seminars. and so fonh . Mr. Olson said we feel this is a good program to get in on with the kids 1ha1 arc essentially being impacted by Ibis . We will nol be leaching D.A.R.E . al Ille seventh grade level . he said . based oo ' ..... • ------~------------'""'n'--~-c • .-----~---------------~----~-r . ' • Englewood City Council June 16. 1997 Page 17 ·, • • \. some surveys we did with the kids through the Englewood Public School system. We found that the D .A.R.E. program in seventh grade is not as effective as we thought , the kids felt they got enough in the earlier programs and that this was repetition for them and they were kind of bored by it . He said we decided to try something else where we could still be in the school system, still affect something positively, still have police officer presence there and teach them something of a positive nature. We applied for the grant, and originally we had asked for significantly more, but for the first year, anyway. they gave us $10,000, he explained, which is appro"imately what we get from the State of Colorado for D .A.R.E. training in Englewood. Council Member Clapp asked why the Bun:au of Alaihol. Tobaa:o and Firearms is giving us S 10.000 for a program . Mr. Olson said they arc apparently the sponsoring federal agency. Safety Services got close to $500,000 over the last three years in grants. he said. some of which come from the Deparunent of Justice, and in this case, A TF happens to be: the sponsoring agency for this. It is not so much that we sought them out, but we became aware of it and they expressed interest in having this program here in Englewood in the State of Colorado and have esse111ially established us with the base SI0.000 grant . 1ne grant is a little bit different than some of the other ones we have gouen. he said. because there is no match to it , the City doesn't have to put anything ell.1ra into it. specifically. We can use the money for capital. supplies and penonnel costs ifwe need to. while the D .A.R.E . program only pays for supplies. equipment and training. There arc several officers already committed to D . A.R.E .. which is fairly extensive. This will not provide all the funding, by any means. for the G .R.E .A .T . program. but we already have those pel'IOIUICI in place who will begin training this summer. if this is appnMJd. so we will be: ~ already in our budFl and this will supplant that budget, he ei.-plaincd. We 9-'C already talked to the school system on this. he said. and the superintendent has signed off on it and. we arc*"'' working on the curriculum with the school sysaem. It is about a nine week program and will pretty much ID along the lines of what the D .A.R.E . program is doing right now . We arc going to gn,e it a try. be said. and sec how it worts the first year It is I one year grant and ifwc find it is not sucx:cssful . or doesn't meet our needs, then we'll look at some ahcmativcs, possibly going back to the D .A.R.E . program . bul also possibly continuing with this if it Wlllbout . Council Member Clapp said. although die supports tllc D .A.R..E . program. she has trouble voting for -.dung for which the curriculum hasn't even been wolllcd out yes . She said she would need more information oa wllll exaaly this pn,gra111 is • wllal we BR rally supporting. Mr. QI-. said all they an: asting for is Council's 8grc:cmenl IO aaiq,t the SI0.000 grant. Ms. Clapp said there arc llriags with uy killd al~ ~. Mr 0.. said lie cu provide her with that kind of infOfllllltion. but righl _., time witc. we IIClcd IO (ICI tlllS lfllRl"'Cd. and it still has to go to seoond n:ading. He said A Tl' called him~· IO lc:am •11at the -us is now. because we need to get tllc training SW1ed for our pri~· training olfaccr fOJ this )Cir The curriculum has essentially already been esublishcd. he said. We arc mcctmg •ilh the school 5''Slcm 10 make sure it lits in just time wise. and we will be: wodl.ing all summer long (!Citing it ready for impielllelllaion in the fall . Council Member Clapp said she supporu the D .A .R .E . program, but does not feel the ground work has been done on this one at all . Mr. Olson said he would have to disagree and he can gi\'c her as much information as she •-.ints. but we are ready to go on it . This is pan of the federal process to aaicp1 the grant, they ha\'c to ha,·c the commitment of the governing body first. Ms . Clapp said she is not ral clear on what exactly we are aaicpting. Council Member Vonninag asked how many police officers we arc going to put on to that training. Mr Olson responded that. right now. we arc going to sian with one olf10Cr . Reid McGrath. We arc working on a train the trainer program . He will go get the ini1ial training and then we •ill be: able 10 provide .. •· ------~-----~----------~------,.r--------:-----------::-: • Englewood City Council June 16, 1997 Page 18 . . • • I. essential training to al least one of the other officers who would nonnally be working in the seventh grade system. Council Member Habenicht said she lhinks lhis sounds like a good idea . She said she had occasion 10 read some of the Board of Educalion minutes when they were talking about doing surveys with the middle school students. Certainly it bears out what Mr. Olson has told us in terms of their being a li1tle tired of D.A.R.E., she said. but there was a good reason for having a program amtinue. She said she also agrees with Council Member Clapp. She recalled that when we talked yars ago about going into the D .A.R.E . program we were able to look at the materials before we entered into the agreement with the school board . Since this is a aJUncil bill on first reading. she asked to have the opponunity to sec the materials before second reading. She asked if this -.Id in any way address the graffiti and tagging problem in the amununity. Mr. Olson said cenain portions of the a1rriculum will address that . A lot of this is self CSleetn and awareness type of issues. Causes of gang type problems. and graffiti would be one of the portions of that application. he said. Mr. Olson said he can have Officer McGrath here for the scoond reading and provide Council with information from A TF. Ms. Habenicht said she would like a work book or text book . Council Member Nabholz said, on page two of the oo-q, agreement. it says this prognun would only be instilUted in the public schools, however, on the rccommcndcd action. it says this will be in both public and private schools. Mr. Olson responded that we are going to try to do it in boch. She also asked why it is only the seventh grade that is targeted. Mr. Olson said we don't have enough personnel to do it at boch levels. and seventh grade is appropriate because of some of the peer problems. He \'iaid maybe eventually we a,uJd, as there is a shoncr program set up for that . Ms. Nabholz said she penonally thinks it needs to be reversed. Mr. Olson said doing it witl1 younger aged kids is jusa not effective. it is the older kids jusa gcning ready to go into high school where we have our major a>nccrns. llie seventh and eighth gradcn tend to be the mosl resistant to disciplinary type things. he advised. Ms . Nabholz asked how far he thinks the SI0.000 grant will go. Mr. Olson said it will a>ver the initial training this summer, most of the supplies and text books we will need through the year and maybe liOIIIC owatimc. He said they will be 9C1ting anolhcr SI0,000 for the D .A.R.E. program for next year and. since we won't have it in seventh grade. we will have a lot of extra money for D .A.R .E . for Olbcr dungs. Council Member Habenicht recalled that the kids who were illlcrvicwcd ltill strongly support die D .A .R.E. program and stories told by some of the kids who have been involved illdicale. aa kaS1 subjectively. that it 1CC111S to be making a ditJcn:na:. She said she -.Id 11111 _. to 10C anytlliag takcll away from the D .A.R.E. program. Mr. Olson said he will definitely have the infonnalion to them by scoond reading. COUNCIL BILL NO. SS. INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN llfE UNITED ST A TES DEPARTMENT OF llfE TREASURY BUREAU OF ALCOHOL. TOBACCO AND FIREARMS AND llfE CITY OF ENGLEWOOD FOR llfE IMPLEMENTATION AND CONTINUING OPERATION OF THE GANG PREVENTION TASK FORCE KNOWN AS GANG RESISTANCE EDUCATION AND TRAINING (G.R.E .A.T .) PRCXiRAM IN eorn PUBLIC AND PRJVA TE SCHOOLS IN THE CITY OF ENGLEWOOD. COLORADO .. • ________________ __,_ • Englewood City Council June 16. 1997 Page 19 • , . • COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (Ii) -COUNCIL BILL NO. 55 Ayes : Council Members Nabholz. Vormittag. Wiggins. Habenicht. Waggoner, Clapp, Bums Nays : None The motion carried. Mayor Bums encouraged all members of Council who are a,ncemed to get as much information as possible before the next meeting. He said it looks like a promising program . (iii) Rqanling a recommendation from the Department of Utilities to adopt a bill ilr an ordinance approving a Conncc:IOr' 1 agRCIIICIII with Cherry Hills Villqe Sanitation Dirtria, Council Member Wagoner said he bad some quesaions on the map. He said he could not ddennine which areas were in and which were out . Operations Manager McCormick said it goes from Hampden on the north and zigzags around over by Orchard. It is a diSlrict wc have had for about twenty years. Mr. Wagoner asked ifthen: are any a.tditions to the distrit1 . Mr. McCormick said there is an area called the Buell property. but lie is DOI aware of any other areas. He said he understands there will be large homes going in there rather than a hotel . 1bc:y have analyzed that drainage41asin. he advised. and our sewer will take that area . Council Member Waggoner asked if the pipe sizes wc have now will take all of the area. Mr. McCormick said it will take all of the areas on the map right now and we: have: the right to review any building plans and do any analytical evaluations before wc approve any building. Council Mcmbc:r Wiggins told Mr. Waggoner that Director Fonda. at the Water and Sewer Board meeting. assured them that Cheny Hills or tlie Buell property dc:vc:loper will pa)' all cxpcllSCS if there is new piping required to hook up to our lines. Mr. Waggoner asked if that will be all the way to the sewer plant. Mr. McCormick said our li1ie has been analyzed and is satisfactory. He feels there is a provision that, if there needs to be upsizing in the future. they will pay it . Mayor Bums asked the llilatus of the Buell property . He said he saw some public hearing sig11s there. but he didn"t know ifdlcy Mrc: old. Mr. McCormick said he docs not know the llilatus . Council Member Vormittag asked bow many homes they are plallning to put in . Mr. McCormick ,espoadcd that he bdic\a it will be las than 100. Council Member Wagoner said he can remember them lc:lli11g us they would DOI participate in the line. tliey ~ never want to a,mc into the City. and wanted nothing to do with us . COUNCIL BILL NO . Sb. INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE APPROVING A CONNECTOR "S AGREEMENT BETWEEN CHERRY HILLS VILLAGE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD . COLORADO . COUNCIL MEMHR WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM It (a) (iii) -COUNCIL BILL NO. 56. Ayes : Council Members Nabhol z. Vormittag. Wiggins, Habenicht . Clapp. Burns Nays : Council Member Waggoner The molion carried . ... .i • • Englewood City Council June 16. 1997 Page 20 • • • (b) Approval of Ordinances 011 Second Reading , . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS JO (b) (i) THROUGH (vii) ON SECOND READING. (i) ORDINANCE NO. 45. SERIES OF 1997 (COUNCIL BILL N0.42. INTRODUCED BY COUNCIL MEMBER WAGGONER/WIGGINS) AN ORDINANCE REPEALING TITI.E 5, CHAPTER 13, OF 11fE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO TEMPORARY EMPLOYMENT SERVICES AND RE-ENACTING A NEW CHAYreR 13. AND WHICH REMOVES TEMPORARY EMPLOYMENT SERVICES FROM ORDINANCE NO . 25, SERIES OF 1996 WHICH PERTAINS TO 11fE MORATORIUM ON LICENSES IN 11IE CITY OF ENGLEWOOD. COLORADO . (ii) ORDINANCE NO. 46. SERJES OF 1997 (COUNCIL BILL NO. 43 . INTRODUCED BY COUNCIL MEMBER VORMl1T AG/HABENICHT) AN ORDINANCE REPEALING TITI.E S, CHAPTER 12 , SECTION 4. OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO PAWNBROKERS AND RE-ENACTING A NEW CHAPTER IS, AND WHICH REMOVES PAWNBROKERS FROM ORDINANCE NO. 25 . SERIES OF 1996 WHICH PERTAINS TO THE MORA TORI UM OF LICENSES IN THE CITY OF ENGLEWOOD. COLORADO. (iii) ORDINANCE NO. 47, SERJES OF 1997 (COUNCIL BILL NO. 44. INTRODUCED BY COUNCIL MEMBER WAGGONER/WIGGINS) AN ORDINANCE ENACTING A NEW TITLE 5, CHAPTER 16. OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUTOMOBILE PAWNBROKERS AND WHICH REMOVES AUTO PAWNBROKERS FROM ORDINANCE NO. 25. SERJES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD. COLORADO. (iv) ORDINANCE N0.48. SERIES OF 1997. (COUNCIL BILL NO. 45 . INTRODUCED BY COUNCIL MEMBER WAGGONER/WIGGINS) AN ORDINANCE REPEALING TITI.E 5, CHAPTER 10. OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUTO SALVAGE AND RECYCLED MATERIALS YARDS AND ENACTING A NEW CHAPTER 10. AND WHICH REMOVES AUTO SALVAGE AND RECYCLED MA TERJALS YARDS FROM ORDINANCE NO. 25. SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD. M ORDINANCE NO . 411. SERIES OF 11197 (COUNCIL BILL NO. 46. INTRODUCED BY COUNCIL MEMBER HABENICHT/VORM11TAG) AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTIONS IO . 12 . AND I 3. OF THE ENGLEWOOD MUNICIPAL CODE 1985. PROHIBITING PAWNBROKERS AND AUTO PAWNBROKERS IN THE B-1 BUSINESS DISTRICT; ALLOWING PAWNBROKERS AND AUTOMOBILE PAWNBROKERS AS PERMITTED PRINCIPAL USES IN 11fE 8-2, BUSINESS DISTRICT WITH DISTANCING REQUIREMENTS; AND ALLOWING PAWNBROKERS AND AUTOMOBILE PAWNBROKERS IN THE 1-1 INDUSTRIAL DISTRICT AS PERMITTED PRINCIPAL USES WITH NO RESTRICTIONS . • • . ---------------------------, .. -------------------.,~-------- Englewood City Council June 16, 1997 Page21 ·, • • (, (vi) ORDINANCE NO . SO. SERJES OF 1997 (COUNCIL BILL NO . 47, INTRODUCED BY COUNCIL MEMBER WAGOONER/WIGGINS) r AN ORDINANCE AMENDING TITLE 16, CHAP'IBR 4, SECTIONS IO , 12. 13 AND 14, AND CHAPTER I, SECTION I, OF THE ENGLEWOOD MUNICIPAL CODE 191S , TO SPECIFICALLY PROHIBIT TEMPORARY EMPLOYMENT SERVICES IN B-1 AND B-2 BUSINESS DISTRJCTS AND TO ALLOW TEMPORARY EMPLOYMENT SERVICES AS A CONDITIONAL USE IN THE 1-1 AND 1-2, INDUSTRIAL DISTRICTS, WITH DISTANCE REQUIREMENTS. (vii) ORDINANCE NO . SI, SERJES OF 1997 (COUNCIL BILL NO. SI. IN11tODUCED BY COUNCIL MEMBER WIGGINS) AN ORDINANCE AUTHORIZING TWO AGREEMENTS ENTITLED ~PIPE LINE LICENSE" BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND THE CITY Of ENGLEWOOD, COLORADO . Ayes : Nays: The molioo carried . Council Members Nabhol7~ Vonni11ag. Wiggins. Habenicht, Waggoner. Clapp. Bums None (c) Resolutions and Motions DIIIICTOR GRYGU:WICZ ASKED TIIAT 10 (c) (ii) AND (iii) BE REMOVED FROM THE CONSENT AGENDA. COUNCIL MEMBER VORMl1TAG MOVED, AND ITWAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (I), (Iv), M, (ri) AND (ril). (i) RESOLU110N NO . S7 . SERJES OF 1997 A RESOLU110N ESTABLISHING FEES FOR TEMPORARY EMPLOYMENT LICENSES UNDER lTl1..E S, CHAPTER 13, Of THE ENGLEWOOD MUNICIPAL CODE 191S . (ii) RESOUmON NO . SI. SERIES Of 1997 A RESOLUTION ESTABLISHING FEES FOR AUTO SALVAGE AND RECYa.ED MATERJALS YARDS LICENSES UNDER TITLE S. CHAPTER 10. OF THE ENGLEWOOD MUNICIPAL CODE 191S . (iii) THE PURCHASE OF A SANITARY SEWER FLUSHER TRUCK FROM KOIS EQUlPMENT COMPANY IN THE AMOUNT OF $77 ,002 .00 . (iv) THE PURCHASE OF A LOADER/BACKHOE FROM HONNEN EQUIPMENT IN THE AMOUNT OF Sll'J.otl9 .00 . M THE PURCHASE OF A TRACTOR FOR THE WASTEWATER TREATMENT PLANT'S BENEFICIAL USE FARM FROM STRASBURG EQUIPMENT COMPANY IN THE AMOUNTOFS102 .237 .92 . • •. • I • • Eaglewood City Council June 16, 1997 Pa,cll Ayes : Nays : Council Members Nabholz, Vormittag, Wiggins, Habenicht, Waggoner, Clapp, Bums None Tbe motion carried. (ii) 11111 (iii) Direclor G,yglewicz, Financial Scrvicel. lOlcl c.ouacil tba1. for Pawn Bn*cn 11111 Au1o Pawn Bn*crs lic::cnles, the inilial ree lllould be Sl,500 11111 each aamaJ fee should be Sl,000 . Tbat is the ree thal bas been appnMd in the past. be advied. ec-:il Mallba' w..-, mc11 if the illYCllilllM ree .aays the mnc. Mr. G,yglcwicz said t11a1 is included in the iailial ree . 11ICl'e are only the ._ fees wocilled with tbelC licelllcs. rather lhan the three lilted OIi die raal•ions Tbe raalulioas wen: assigned numbers and read by title. RESOLUTION NO . 59, SERIES OF 1997 A RESOLUTION ESTABLISHING FEES FOR PAWN BROKER LICENSES UNDER Tl11..E 5. CHAPTER 15, OF THE ENGLEWOOD MUNICIPAL CODE 1985 . RESOLUTION NO. 60, SERIES OF 1997 A RESOLUTION ESTABLISHING FEES FOR Al!l'OMOBILE PAWN BROKER LICENSES UNDER 111U: 5, CHAPTER 16, OF 11IE ENGLEWOOD MUNICIPAL CODE 1915 . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 10 (c) (H) AND (IU) AS AMENDED. Ayes : Counci l Members Nabholz. Vonniuag, Wiggins. HabenichL Wqgoner, Clapp, Bums Nays: None The mocion carried. II ........ A.-. (a) AppnMI f/10.-OIi F• Aadillg 11ICl'e WCR DO additiOllal items IUllauaed for appn,wal OIi fim reading. (See IICIII 10 • C-A,mda.) (b) Approval of OrdiMIICCS on Second Reading 11ICl'e were no additional items submitted for llfll)nMII on second reading . (See Item 10 -Consent Agenda.) (c) Resolutions and Motions tbeR wen: DO additional Resolutions and Motions IUbmitted for approval . (See 11cm 10 -C-- A,mda.) 12 . • , • Englewood City Council June 16. 1997 Page 23 (a) Mayor's Choice ,. • • • ... I . Mayor Bums said he allcndcd a ceremony in Glcnclale on Friday al a new park they have, which is built on a landfill. The ceremony was also auendcd by an Under Secrcta,y from HUD . 1be Secretary al HUD and the Under Sccrctarics were fanning out around the count,y. he said, because it was Affordable Housing Weck around the nation and the Metro Mayors' Caucus sponsored Ibis affordable housing recognition. The Metro Mayors' Caucus is getting together and publishing, and signed an agn,cmcnt at the appearance for a consonium of municipalities, 10 bring fonh a cook book approach 10 affordable housing, which is a concern for all of our municipalities. Mayor Bums opined that this will be a constructive effort. 2. Mayor Bums staled that. this afternoon. he attended the First Data Corporation grand opening 8Cl'OII the lll'eCl. which was quite impressive. 1be five saory building has been renovated and First Data is the lenant. They had their Slaff. the president of their company, and several executives there, as well as the Governor. to welcome this new business. The biggest problem. he believes. will be parting. Mayor Bums said they ~ clone a beautiful job of renovating that building. especially the en1,y way. City Manager Clark also attended. as well as Bob Simpson and An Scibelli from Neighborhood and Business Development, and Council Members Nabholz and Clapp. He feels it was a ve,y significant new saan for a new Englewood business and harbors some good things for Englewood. 3. Mayor Bums advised that the Chamber of Commerce has n,queSlcd lhal the City help sponsor a foursome in the golfl0Uf1lalllelll on July 14"'. which would COSl $300. MAYOR BURNS MOVED, AND IT WAS SECONDED, TO SPONSOR A FOURSOME FOR nn: CHAMBER OF COMMERCE IN 1111: GEORGIE ALLEN INVITATIONAL GOLF TOURNAMENT ON JULY 14, '"'· Council Member Habenicht asked if the Chamber purchased a fourmme for the Oean. Green and Proud tournament. Mayor Bums asked Jim Recs. who was sining in the audience. and he responded that he did not know . Council Member Waggoner asked what our membership coas . City Manager Clark rcspondcd that it is around SS.000 a year, but he is unccna.in al the exact figure. Mayor Bums said he bas been mccting periodically with the Chamber and EDDA for breakfast and he said he would pcrKMlally like to help foment this rdalionship ud feels we aecd to work on it.. Council Member Clapp said she thinks that is a two way IIJ'Oel . Ayes: Nays : The motion carried . Council Membcn Vormittag. Habenicht . Waggoner. Bums Council Members Nabholz, Wiggins. Clapp (b) Council Member's Choice (i) Council Member NabllOlz I . She said that she is meeting with City Manager Clark and Safely Scrviccs Director Slanlcy on Wcdncldly al 2840 South Sherman Street . She said she was by lllcrc this IMlling and IIOliccd tbal the weeds have been mowed. although thcfc arc still fOIIIC things lbat aced to be done . Some branches arc .. • • •r--------------------------~---, Englewood City Council June 16 , 1997 Page 24 <. • - st.ill panially out in the alley. She said she would like to know if the City cleaned this up and sited the individuals or if the owners cleaned it up. She also asked for a time frame when it will be totally done . 2. She said she would like to know if any type of a permit has been pulled for a Founh of July celebration in the 3000 block of South Delaware. It is a very problematic block. she said. and she has had two constilUents on that block call her and she is very conccmed. She said they have allegedly gotten a permit from the City to block off that street to have their own cclcbralion . (ii) Council Member Vormittag I. He asked what the possibility is of having that become a Project BUILD propeny. Mayor Bums said he undenlands that has been addressed before but the owner wouldn't sell . He felt they would be delighted to have that be I Projccl BUIW. Mr. Vormittag asked if City Mana,er Clart can look into that . Mayor Bums said he feels there is a long history there and there was an attempt . Council Member Waggoner said he didn't think the City could get involved in that . Deputy Director Olson. Safety Services, said they arc rcall}' seriously trying to address the issues at this property. He said he rcali7.es there has been a long history. but there have been several cleanups there. Normally when wc do a cleanup. we don't have City personnel go out and do it. he explained. wc hire a pri\131e firm . A private firm cleaned this np and Mr. Olson said he did not have a chance to go over and see what they did today . lfwc need to do more. he said. we will be over there tomorrow. We will send a bill to the propeny owner and they will have a chance to pay it or ii will go as a lien on their property if they fail to pay it. He said wc have cited them and summoned them to coun. Apparently the property has been owned by an older lady. who has since died. and her daughter now has the propeny . lbere is an intent for them to get a rcmning there so they can build a triplex. he said. so they can live there and make it a dcccnt piece of propeny. The owners live in Arvada, so it is tough for us lo deal with them. he said, but wc arc going to be enforcing very strictly on this. We have some new things going into effect with Municipal Coun and, if these people don't respond in the fashion we want, they will be appearing before us . We will go over there tomorrow and look al it and. if wc have to bring the grounds cleanup company back. WC will, he said. Council Member Nabholz asked. if this had not been brought up tonight. would there have been a follow up on this property to make sure ii had been totally cleaned up. Mr. Olson said yes. he was going to do that anyway. Ms. Nabholz asked when that would have been done. Mr. Olson said this week . We have been out there pretty regularly on this propeny. he said. Council Member Wiggins asked iftherc arc currently any liens against it from the past . Mr. Olson said be doesn't know if there are any liens outstanding. Aller a period of time. if the a,sts arc ooven:d . we take our lien off. He said he would check . Council Member Nabholz said she would be concerned if they were in a triplex since they have had so much trouble maimaining a vacant IOI . Mr. Olson said he heard they arc fairly good owners. but ii is one of those situations where the owners arc oul of town and ii is the last thing on their minds. Council Member Clapp asked. after so many citations ha\'C been issued. if there is not a point where you can say enough. Mr. Olson said there is and we arc al the point of getting them into coun. In the future you will sec a lot of activity in these kinds of sites . We arc able to won the problems out with ninety-five percent of the people in the City, he said. ... .. •· • Englewood City Council June 16, 1997 Page 25 <. • • • Mayor Bums said the BUILD program is still a City program and the City could take these propenies. Mr. Olson said that is really up to BUILD. and he does not think the owners are looking at that. We have approached them several times but they seem to be interested in developing it themselves. Mayor Bums asked if there is a solution if you have a property that just won't work with you . Mr. Olson said Project BUILD has taken a lot of the propenies we have worked on in the last year and. financially, he is uncertain what position they are at. There may not be enough money to keep getting into these. Mayor Bums said he believes most of the money is out right now on propenies. but they sell very well and the money goes back into the pot. Mr. Olson said they try to identify propenies they think are suitable for redevelopment. 2. Council Member Vonnittag distributed items he obtained at the recent International Council of Shopping Centers Cooference in Las Vegas. as well as his rcpon. He said he has• lot of material that he will put upstairs by Council's mail bo,ies. He pointed out a nice anicle in one publication that was written by City Manager Clark . (iii) Council Member Wiggins 1. He asked if the Housing Authority has received any payments on the depot loan . Mayor Bums said they Clllended the loan, which was up in April. for another year. Mr. Wiggins asked if it was interest free . Mayor Burns said it is a low interest loan. He said they are trying to give the HiSlorical Society an opportunity to be successful with their fund raising program. Mr. Wiggins asked what the saatus of that is. Mayor Bums said they met with the professionals they engaged about two months ago and were favorably impressed. He said he thinks that they are just getting into the meat of their fund raising now , and he feels they should be given a chance. Mayor Bums rccalled that. at the last Council meeting. there was a motion for an appraisal on the property the Housing Authority owns on site. He said he spoke with some council members afterward because that took him by surprise. He assened that it was pulled off the table and it is not for sale a1 the moment at all. The Housing Authority would like to see whether the Hisaorical Society fund raising can be sua:essf'ul . Not only are we interested in having them buy the site from us. he commented. but we are also wanting to have them repay the $300,000 that they owe the Housing Authority . He said he would like to have a repon at our next meeting as to how they are doing. Council Member Vonnittag asked if that would be the meeting of June 25 ... Mayor Bums rcspoodcd 11111 he probably won't be there and the new director won't be on board yet . 2 . Council Member Wiggins recalled that funds were alloned for a hotd feasibility bdy. which Clarion was going to do . He asked where we are on thal. City Manqer Clark said there were 110111C holdups in the data collection from Swedish and Craig as far as how much the demand would be . He said he will follow up. 3 . He asked how far we have gotten on funds gathered for the study of the ans. which was to be matched by the City. City Manager Clark said ii is somewhere around $2.000. Council Member Waggoner said that is not near enough 10 warrant the other half. Council Member Habenicht. as the liaison to the Cultural Ans Commission, recalled that. when they altended a Study Session, that question came up again and it is her underSlanding that they were going to meet with City Council about that . She said they have ,worked up a response to where they are and are willing to dircuss it. • Englewood City Council June 16. 1997 Page 26 <. • • Council Member Wiggins said he was just interested in the dollar amount and doesn't need to meet with them. Council Member Habenicht said there is more to it than just numbers. there is the logic and thought behind it also. (iv) Council Member Clapp told Council she met with Janet Grimmett on Friday and it was really enlightening. She said she may meet with her again. She Slated that, at one time, we had Sherry Gulley and Mayor Bums on the Housing Authority and that was because Mayor Bums was chair and Ms. Gulley was the Council liaison. Ms. Clapp said she has a hard time understanding how one person can wear so many hats and represent Council. and act as chair and act as Mayor. She said that must be very diff1CUII and wondered if we shouldn't have another Council representative on that board . Mayor Bums responded that. when the Housing Authority was formed. it had no staff and no money . The fi.,. execuliw diRIClor was a 11111' member in the Planning Department or the City, who was farmed out to the Housing AutlMxity halftime. Her name was Lois Kocian, he said. Gradually over the years. the pc:noo who was in that position began to work more and more for the Housing Authority . Wanting to keep tabs on what was going on with the Housing AutllOrity, the City proposed that there be a City Council member on the board.. and there has been ever since it was fonncd . When Sheny Gulley was clec:led. she WB the Council representative. and then when I got elected to Council. he said. we had two repre11C11181MS and then Ms. Gulley resigned. Mayor Bums said he has told members of the Housing Aulhority Board that it is more difficult being the chair and the Mayor at the same time. Mayor Bums said there ~ been occasions when he has had to Slcp down from discussions here and he is seriously ~ng this. Other housing authorities have had a tenant on the board. and. he opined. we may not need a council member any more. Mayor Bums said this is the twenty-fifth year of the Housing AutlMxity and there will be a celebration in September. After that. he said, he is going to take a good hard look at this and ICC what he should do. He told Ms. Clapp it is a good question. continuing that. as the Housing Authority progressed and became further funded. they reached a point where they hired their own dircclor. At lhal time. some of the Council Members thought it would be letting the Housing Authority go too much . The Housing Authority had the power to do it and it has just continued operating the way it did. IO the direclOr hu been hired by the Housing Authority ~ since. Mayor Bums said he got I legal opiaioa from the Housing Authority's attorney on this issue last Mel. The ,anomey said it was not illegal for him to be in both positions. but he may have to abllain al times. Dilrercnt cities do this dilrerent ways. he said. Colorado Statutes allow the City Cou11cil to become the Housing Authority Board . and l...acwood has an ordinance that does not allow a member of council 10 be on tile Housmg Authority Board at all A aumber or cities. he said. have a council member on the board. a1id a lol of them don·,. and this may be lllllldhiag that we should rethink. he said. Coiacil Mclllber Vormittag recalled that. when he was named to the Mayor posilion. CGuac:il was - of llis being the chairperson or the Housing Authority and Council accepted that at the time and allowed llim to continue to be the chair. as well as the Mayor. Council Member Clapp asked if the Mayor has to sit on the Housing Authority Board . Mayor Bums said that is not the case, but he just happened to be on there when he was appointed here. (v) Council Member Habenicht I . She !hanked Council Member Vonninag for his report from the lntema1ional Council or Shopping Cenlers Conference. 2. She said her heart was touched with the concerns from tile Orchard Place residea11 . She feels tbcrc has been a real lack or communication 1ha1 1hey had no idea the)· nccdcd to go to the Housing Authority. She encouraged lhe Housing Aulhority to check that oul lhoroughl) .. • , Englewood City Council June 16. 1997 Page 27 . ' • • • Mayor Bums said he feels some of ii is because of the 1ransi1ion between executive directors. bul added that he is frankly embarrassed thal lhcse people were hen: 1onigh1. Thal should never have gollen this far. he said. and he is cenain this will be addressed . 3 . Ms. Habenichl Slated, with regard to the golf tournament, she knows there is some concern there. She said she was wavering a little bit, until she realized it was the George Allen Golf Tournament She recognized how many people have pul so much of themselves inlo this community. and expressed deep sadness at the dealh of former Mayor James Taylor. He was Citizen oflhe Year wilh his wife. Jennie, she said, and many of lhe people thal she has gotten 10 know since being on Council and joining lhe Lions Club, have contributed to the City and some have been mayors, as was George Allen. When there are problems amongst people and insti1u1ions wilhin lhe communily, it is importanl 10 look back to those times that bring us close together. She said when she saw George Allen 's name. she just could not help thinking of all the line people who have come before us and could not say no to thal. She repealed her deep regret at the passing of James Taylor. adding 1hat he bas been a real peace maker and a wonderful person for this community. Mayor Bums joined in lhal. Slating lhat he was unable 10 go to the Citizen oflhe Year awards lhis year. He said he spoke to Jennie Taylor thal Sunday before lhe ceremony. Mr. Taylor did a lot of wonderful things for this community, he said, and was very instrumenlal on helping pass lhe bond issue on lhe Simon Ccn1er, which was the first projccl lhe Housing Authority ever did. He said Mr. Taylor was very supportive and he dearly loved him. Ms. Habenichl shared 1ha1 he was also very supportive of the Rccrcalion Ccn1er and Cultural Arts al Cinderella City. • •••• Mayor Bums said thal he received an invitation from the President and Mrs. Clinton to attend a pany for the Summit of the Eight The party is called Saturday Night al lhe Summil and will be at the National Western Evcnl Center. He said he does not know much aboul lhis. bul it is quile an honor to receive an invitation, and he will endeavor to attend. 13 . City Maaqer'1 Report City Manager-Clart pointed out the Cinderella City Slalus Rcpon in Council's packet He said the good news is that Equitable bas decided not to pursue the unsolicited offer from the Florida based real estate developer . Lasl week. in fact . !hey insuuctcd 1hcir Denver COUIIICI to go ahead and IIUlke lhe adjustments to the purchue and sale agreement embodying some or the changes he pmiously briefed Council on. The information should be available 10 1he Cily Anomey sometime lhis week . he said. He said he is still trying to pul logcther a meeting "ilh lhe Museum of Outdoor Arts group and Miller/Kitchell . MOA bas asked lhat we hold olf on ii . he said. until Ille) ha,,: bad an opportunity to review the status si1ua1ion with their board of directors. Council Member Wiggins said ii was encouraging 10 hear Mr. Miller sa) 1on1ght 1ha1 Ward 's I gomg down on their asking price. 14 . Cit)' Atten1ey'1 Report ... Englewood City Council June 16, 1997 Page 28 • ,. • • City Attorney Brotzman told Council that the Liquor Licensing Authority has added an open forum section to their meetings. 1bcrc was some concern and confusion after the M .D . Liquor and Drug hearing and so they have invited the neighbors and cilizcns in that area to come 10 a meeting so they can explain the rules that they live by and why they made that decision. Or any other item. for that matter. he added. 15 . Adjallniaeat COUNCIL MEMBER WIGGINS MOVED TO ADJOURN. The meeting adjourned at 10 : 17 p .m. .. • • • . (~ •, • <. . ... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JUNE 16, 1997 7:30 P.M. 1. Call to order. '7 :t/.2 pn 2 . Invocation. /1)11/ffio 3 . Pledge of Allegiance. ~ 4. Roll Call. 7 . 8 . ~1,0 Minutes. a. Minutes from the Regular City Council Meeting of June 2, 1997. Scheduled Visitors. (Please limit your presentation to ten minutes.) a . Skip Miller and John Loss from MIiier Development will be present to provide a status report on the Cinderella City redevelopment project. b. Mr. Elmer Waldow from Sheridan will be present to address Council regarding the drainage ditch along the west side of the Englewood Golf Course . Non-Scheduled Visitors . (Please limit your presentation to five minutes.) I). /1lb1') ~~ ~ /Uj~O~ PfA.u_ °"~-~ Communications, Proclamations, and Appointments. ~..R...J a . Letter from Andrea Menin-Giem indicating her resignation from the Englewood Clean, Green and Proud Commission. b . Letter from Robert Mason indicating his resignation from the Englewood Planning and Zoning Commission . ~"~ ·, ~~~, .-/ c~J Letter from Ann Nabholz indicating her resignation from the Englewood Clean. l),V'"" ..1 111 -'fl Green and Proud Commission. c~,,v 9 . Public Hearing . (None scheduled) PINNnole: lyou..,.• •• 2IIIIIJ,andMed.....,aldeorwwta11, ....... IICllfy .. Cllyolll .... awd (712-24CII) at ..... 41 lloura In......_ al whan ..._ .. ......_ T'-* you. ' • •. .. I· , • City Council Agenda June 16, 1997 Page2 •, • • 10. Consent Agenda. ~pa/Jil 1oa.ii.lM111 ~ ttfuA.. a . Approval of Ordinances on First Reading . ~~ ~!)()~iiir~ 4fw4.... i. ii. iii. Council BIii 54 -Recommendation from the City Clerk's Office/Liquor Licensing Authority to adopt a bill for an ordinance approving an increase in Liquor License Fees in accordance the Colorado Liquor Code. STAFF SOURCES: Frank Gryglewlcz, Director of Financial Services and Brenda Castle, Deputy City Clerk. Council BIii 55 -Recommendation from the Department of Safety Services to approve a bill for an ordinance accepting funding from the Bureau of Alcohol, Tobacco, and Firearms for a Federal Gang Resistance Education and Training (GREAT) program grant. STAFF SOURCE: Chrla Olaon, Deputy Director of Safety Semcea. Council BIii 56 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Connector's Agreement with Cherry Hills Village Sanitation District. STAFF SOURCE: ~ at 11.c;rector of UtllltlN. cL/J /Yk. . ~J;,,.,.,; b . Approval of Ordinances on Second Reading . i. Council Bill No . 42, re-enacting a section in the Englewood Municipal Code ~. ~ -~ .J.; ,1,t pertaining to Temporary Employment licensing and removing this license ~ A i"ff'_ IJIP· from the moratorium. Amended as to effective date. ~~ 1 ii. Council Bill No . 43, re-enacting a section of the Englewood Municipal Code JO b {fll .1 ~ pertaining to Pawn Brokers licensing and removing this license from the ~· 1,D moratorium. Amended as to effective date. .J .iij; 11 Council Bill No. 44, adding a new section to the Englewood Municipal Code ~ ~'f pertaining to Auto Pawn licensing. Amended as to effective date. iv. Council Bill No. 45, repealing and re-enacting a section of the Englewood Municipal Code pertaining to Auto Salvage and Recycled Material Yards licensing. Amended as to effective date . Council Bill No . 46, amending the Comprehensive Zoning Ordinance regarding Pawnshop zoning. Amended as to effective date. Council Bill No. 47, amending the Comprehensive Zoning Ordinance regarding Temporary Employment zoning. Amended as to effective date. vii. Council Bill No. 51, approving two Intergovernmental Agreements with rtJ, J!5{ Burlington Northern and Santa Fe Railway Company for Pipeline Licenses. P ..... nol9: I you hlM a dlubllly wl need auxlllary aids or wvloN, ..... nollfy ._ Clly al 11 .... 00CI (712-2405) at 1Ne141 haun In advance alwhM ....... IINdld. 1-* ,au. .. • , 0 • • \. , tJity Council Agenda June 16, 1997 Page3 ~ JJ. /J .. ,~-· I ~ ~· ~ 1oe.t1 of /Oe.,,, l,)e,,, VIMYl c. Resolutions and Motions. AJ(/ ~ ~ t)1 • ~~ i. Recommendation from the Department of Financial Services to adopt a v_~';i-11) ~~!.1 resolution setting fees for Temporary Employment Services licensing. ~- 11 6 &, STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. Jof!..-. ~~· 1~0 ii . Recommendation from the Department of Financial Services to adopt a o.pr"v O .... ~ 6~ resolution setting fees for Pawn Brokers licensing. STAFF SOURCE: Frank 11.-Gryglewlcz, Director of Financial Services. "'-~ ~ iii.j Recommendation from the Department of Financial Services to adopt a ~1 t;~;-R,!IA'· resolution setting fees for Auto Pawn Brokers licensing. STAFF SOURCE: ,. 1[iit1 1/J Frank Gryglewlcz, Director of Financial Services. JI ct" e iv. o1. ...i Recommendation from the Department of Financial Services to adopt a o ..111."r:il resolution setting fees for Auto Salvage licensing. STAFF SOURCE: Frank /[ n"""" Gryglewlcz, Director of Flnanclal Ser..tces. v. Recommendation from the Utilities Department to approve, by motion, the purchase of a Sanitary Sewer Flusher Truck. Staff recommends awarding the bid to the low bidder, Kois Equipment Co., In the amount of sn.002.00. STAFF SOURCE: Stewart H. Fonda. Dlr.ctor of UIIIIIIN. vi. Recommendation from the Utilities Department to approve, by motion, the purchase of a loader/backhoe. Staff recommends awarding the bid to the lowest technically acceptable bidder, Honnen Equipment, in the amount of $89,089.00. STAFF SOURCE: Stawart H. Fonda. Director of Utllltln. vii. Recommendation from the Utilities Department to approve, by motion, the purchase of a tractor for the Wastewater Treatment Plant's beneficial use farm. Staff recommends awarding the bid to the low bidder, Strasburg Equipment Company, in the amount of $102,237.92. STAFF SOURCES: Stewart H. Fonda, Director of UlllltlN, and Jim Tallent, Opendlolia Dlvlelonllanager. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. b . Approval of Ordinances on Second Reading. c. Resolutions and Motions. 12. General Discussion . ~~-.Jn ~ ~ a. Mayor's Choice. iJLMto-~~~ b Cound1Memb8's'~ ,rn<J...P.yl~,1911· ~~)luifr"', PINN nole: N Vol.I hn9 a dleabllly and nwl audllry alda or wiltaN, plNN nollfW .. Clly ol 11 ... •ood (712•2405) at ..... 41 hours In advance of when..._ .. ......._ ThMk ,au. . ' .. • , X City Council Agenda June 16, 1997 Pllge4 13. City Manager's Report. a. Cinderella City Activity Report. 14. City Attorney's Report . Adjournment. / 0 r 17 ~ • • . . ... The following minutes were transmitted to City Council between 05/30/97 and 6/12/97: • Englewood Downtown Development Authority meeting of April 16, 1997 • Englewood Liquor Licensing Authority meeting of May 7, 1997 • Englewood Liquor Licensing Telephone Poll of May 13, 1997 Pllwnole: ,,..._. a11111111,anc1...a.....,alda••t1a11 ...... 111111r .. ca,o1.._a0011 (712-2405) al ..... 41 haln In .................... ......._ Tl-*,-. --... --~ I • - • • • • I • . • ' ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular SeaioD June 2, 1997 I. Call to Onler ' The rqu1ar meeting oftbc Englewood City Council was called to order by Mayor Bums at 7:4S p.m. 2 . llmlcadoll The inwc:ation was given by Council Member Wiggins. 3. Pledae vi Alle&iuce The Pledge of Allcgiana: WIS led by Mayor Bums. 4. RallCall 5 A Present: Council Members Nabbolz. Clapp. Wiggins. Habenicht. Vormiuag, Waggoner. Bums Absent : None A quorum was pn:sent. Also present: City Manager Clark City Attorney Brotzman City Clerk Ellis Dim:tor Simpson. Neighborhood and Business Development Ncighbor1-d Community Coontinllor Graham Dira:tor Gryglcwicz.. Financial Services Serpnt John Collins. Safety Services Attorney Scmp1c. Outside Counsel Dira:tor Fonda. LittlelonlEnglewo WastewalCr Tn:atment Plant Division Chief Lockwood. Safety Scrvic:es S. Mlaata (a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THI. MINUTES OF THE REGULAR MEETING OF MAY 19, 1997. Council Member Wiggins illdicated he would be abslaining as he did not receive a copy of the minutes in his packet. Council Member Vonnittag stated he would abslltin from this vote as he WIS not at that meeting . Ayes : Nays : Abstain : Mo6on carried. Council Members Nabholz, Habenicht. Waggoner, Clapp, Bums None Council Members Vormitiag. Wiggins • . .. •· 0 '32xl • [ngnood City Council June 2, 1997 Pagel 6. Scheduled Vi1iton • 0 • (a) Bart> Hainer. owner of Dillon Street Car Company at 4169 South Broadway. stated she is speaking tonight on behalf of the used car dealers of South Broadway. She noted there are eleven of them present this evening. Ms. Hainer said they are here to thank the City and the Office of Neighborhood and Business Development for their spirit of cooperation and recognition of the imponance of their indusuy to the vitality and strength of the South Broadway corridor. She commented that Council has in their packet a copy of letter sent by Mark Graham. of the Neighborhood and Business Development Office. 10 Brian Cook. owner of B .C . Autos. Ms. Hainer advised that Mr. Cook could not be here tonight due to a death in the family . She noted she wanted 10 lake a few minutes 10 review portions of that letter that she, and her fellow dealers. believe demonstrates the City's willingness 10 develop a true working partnership with the used car business community. She noted the first paragraph states that the City of Englewood sees auto dealers as pan of the solution for re-invigorating South Broadway. and they agn:c . And she advised. they look forward lo working with the City 10 make Broadway an even better place lo sell cars. Ms. Hainer staled they were pleased to read in the second paragraph that the City staff and Planning Commission discussed the imponancc of their industry to tile overall health of South Broadway. Ms. Hainer read directly from the letter that -over 800 Englewood jobs ranging widely in skill level and compensation are based on auto sales and auto related businesses. The multi-million dollar annual payroll generated from the auto industry re-circulates tbroughout the local housing. retail and service economy." Ms. Hainer stated that they appreciate the recognition of the positive economic impacts that their indusuy has in this community and they believe. by forming a cooperative alliance with the City. that the economic benefits to Englewood will only increase. She said that. as stated in the third paragraph of the first page. they are comfoned to know that the City staff is not working on anything that would change the legal status of auto uses and that the plan proposes celebrating auto. Ms. Hainer noted that on the second page of the letter. the third paragraph. it states that .. because almost one third of the land along South Broadway is devoted 10 auto sales and related uses. the biggest opponunity wc (the City) have identified is 10 develop programs for improving the physical appearance of the street in conjunction with businesses." She pointed out that ii also states that the City -win identify funding mechanisms 10 participate in improvements to realize the district concepts described in the South Broadway Action Plan." Ms. Hainer stated that tile City 's endeavor to find funding options to facilitate improvements is a tangible effon which demonstrates the City's determination and dedication to work with the South Broadway business community. She noted the very last paragraph states a very sound conclusion that -,he strategy for used car dealers 10 date is 10 encourage dealers 10 get together and develop standards for site improvements that meet the common goal of enhancing South Broadway and other sales and security needs for car dealers. We (the City) believe that it's possible 10 do that." In conclusion she said. they would like to say that as used car dealers they also believe that with a common goal and continued working relationship witb the City that they can work 10 improve Ilic i1nagc of South Broadway. She advised that they have agn:cd 10 form an association with all of the used car dealers which will work in conjunction with City officials 10 accomplish this common goal. Ms. Hainer said they encourage the City lo continue 10 look for pro-active and positive ways 10 work with a ll of lite businesses along the South Broadway corridor. (b) Mike Gruninger. President of Ilic Englewood Fire Fighters Association and Ilic Secretary of the Firefighter ·s Pension Bo.'lrd. noted that Council Bill No . 40 is before Council again. He said he would not lake a lot of time 10 discuss the issues. but that one of tile things he did want 10 tell Council is that in 1993 this ordinance. that wc currently have. was discussed at length . h took over two years and seven revisions 10 come 10 the ordinance wc currently have today. through all tile legal actions and everything. and tlicn all of a sudden the staff decided for some unknown reason that the funding wasn '1 correct or something. Mr. Gruninger said they ask that Council table this matter because they have presented this in negotiations and they feel that the only way 10 properly take care of this problem is 10 pul ii in their contract . He advised that is where it currcllll)' stands today . He said he does not want 10 •. .. ., I· 0 • Englewood City Council June 2, 1997 Pagel • 0 I • • go into a lol of detail, because ii is in negotiations. So. he reiterated, they just ask that Council please table this until after negotiations. (c) Vicki Lanimer. from Pawn Bank al 2815 South Broadway, staled that she wanted lo talk lo Council about the licensing ordinance that is on the agenda tonight. She said she knows that the zoning comes up later. She advised. there is one panicular issue in ii that she is concerned with. that she thinks most of ii is just a renewal of what is already on the books. Bui, she noted. there was a paragraph added that would require that they fingerprint customers when they come in for pawns and loans. She staled she is just concerned with that because. she opined, il is son of focused on kind of a negative stigma and there is such a very. very small percentage of the business they do that actually has any police activity on ii. Statistically, she said, she opened her store almost two years ago. in July of 1995 , and she has done approximately 9 ,000 pawn tickets. Of those. 25 were picked up by the police as items that were stolen. Percentage wise. she noted. ii is three tenths of one percent. She said she thinks that is pretty standard throughout all of the other stores on Broadway. She staled. if ii were an issue where there were lots and lots of items that were stolen and this fingerprinting would help the police 10 gel more convictions. that she obviously would not. for one minute. want 10 stand in the way of that. But. she pointed out, ii is such a very. very small amount and she is just afraid of the negative side of it as far as her customers are concerned. She noted that obviously affects her business. Ms. Lanimer noted that some limes when you go 10 a pawnshop you are maybe a little concerned anyway, because it may not be your proudest moment. She opined that if you are struggling 10 get from one payday to the next. and you need to pawn something to get you through. to have to go through a process and be fingerprinted is going 10 make you feel bad. And, she said. she would guess that translates to the fact that it will be bad for her business. because if they have a choice of going 10 a store where they don ·1 have that and where they do. she feels they are going 10 go somewhere else. She reiterated that ii is such a very. very small amount. that the negative side outweighs the positives. Ms. Lattimer requested that Council consider not including that in the ordiunce until another time. (d) Bretl Kaufman. representing U.S. Pawn al 5030 South Broadway. noted his discussion revolves around the same issues Ms. Lattimer just discussed. He submitted information 10 Council which stales what is currently being provided to the local law enforcement agencies so they can determine the true ownership of goods that are pawned in Englewood and throughout the metro area. Mr. Kaufman acknowledged that those in the pawn indusuy recogni:ze that they have a perception problem with the public . He noted they try very diligently to change lhal pera:ption. that they make their stores brighter. cleaner and be as professional as they can be with their cus&omers and with the public. He staled they are not opposed in any form or fashion to any oversight by the local authorities in terms of whal they take in. The first handout. he noted. is their police form . They provide that to the Englewood Police Department on a weekly basis for every item that 1~· lake into pawn . Not every loan. but every specific item. He stated it specifics on the form. not only the make. model. manufacturer serial number. all the basic information one would need 10 know about a panicular product. but it gives a complete documenlalion of the person that pawns it , the item. It is known as an ownership statement. because he pointed out. they stale and sign on this form. that they have owned this product. that they did not find it or steal ii. but they own it. This. he advised. is the document the police dcputmenl uses lo prosecute those few cases that do occur. He staled the fingerprinting issue. relative lo this panicular ordinance. does not enhance the public 's ability, the people of Englewood and the surrounding communities. lo get their merchandise back. If. in the C\'Cnl an item is pawned at any of the pawnshops in Englewood and the police dcputment finds it is stolen. they have the right 10 pick up that merchandise and return it 10 the original owner. with or without fingerprinting. Mr. Kaufman Slated that the only people who truly benefit from the issue of fingerprnting will be the police depanrncnl. as ii gives them some extra evidence. it makes their cases a linle easier to prosecute and the pawnshops benefit because the more cases they can prosecute the more likely they arc to recover their loss on any item that has been picked. Because. he advised. they do not charge the original owner for this merchandise. they lake the loss . He noted that in U.S . Pawn 's case last I· 0 • Englewood City Council June 2, 1997 Page4 • 0 I • • year they did something in the neighborhood of$700,000 in loans and of that dollar figure $1,300 was confiscated. He pointed out that is something less than two 1en1hs of one percent. We in the industry and in the community feel that if there was truly a problem in terms of theft or things of 11131 nature or that the pawnshops were a source of vast quantities of stolen merchandise, then certainly the fingerprinting issue would be viable. But they do not feel they should be putting upon their customers one more regulation. one more thing that they must be required to do in order to borrow the money. He stated there is no benefit to the customers. that there is some benefit to the pawnshops and the police depanment. but it is so minute, relative to the volume of business they do, that they feel 11131 panicular item in the ordinance should be taken away . 7. Noa-tebeduled Viliton (a) Bill Young. a member of the Englewood Fire Depanment and the Old Hire Firefighter's Pension Board. asked Council's indulgence in his request for a delay in the second reading of Council Bill No . 40. He advised the reason is that they. as members of the Pension Board. feel there are more complex issues involved tl13n what is noticeable on the surface of this ordinance. He noted that among those are concerns about funding, administration. eligibility for this benefil. With 11131 in mind. he stated, they met with the City's Finance Director on May 13'" and in the discussion that followed they all agreed that perhaps it was best that this be delayed until their Pension Board meeting on June 11'" where it would obviously be discussed. He again asked. with 11131 in mind and as the governing body of the Pension Board is the body charged with the implementation and administration of these changes. that Council delay the second reading of Council Bill No . 40 until such time as they can discuss it at their Pension Board meeting. Council Member Wiggins noted that Mr. Jay Seay came and spoke before Council a couple of weeks ago and said he was going to bring them some niaterial . Mr. Wiggins asked if Mr. Seay gave anything to Mr. Young, or any other member oftbe Fire Depanrnent. to bring to Council . Mr. Young advised that they discussed that with the Finance Director on May 13"' and Mr. Young and Mr. Seay felt they would formulate this within the structure oftbe Pension Board. So. Council Member Wiggins said. Mr. Seay was not speaking for the group as a whole. just individually . Mr. Young staled that Mr. Seay was speaking for them as a whole. that they discussed it before he appeared before Council . Mr. Young advised be was out of town al that time. So. Council Member Wiggins commented. Mr. Seay would DOI be bringing anything to Council for them to look at. that it will be before the Pension Board. Mr. Young advised that they would DOI be submitting anything to Council until the Pension Board can formally discuss it and present it to Council as a final product. so that Council can be assured of what their feelings are. (b) Ron Gold stated he has been an Englewood homeowner and business owner since 1976. He noted lhal Cherry Creek. Lodo and south metro are booming. Quoting from figures provided by the South Metro Chamber of Commerce. he poi med out . that. since 1993 . Glendale sales tax is up 6 l'Y, Greenwood Village is up 96"/o and Littleton is up 46%. He noted Englewood and Shendan were Ilic only ones declining and also the only places with growth in day labor and pawnshops. Mr. Gold stated that Englewood now l13s the most pawnshops per capita of tlic whole State of Colorado. More tl13n Cherry Creek. Glendale. Greenwood Village. Littleton and Highlands Ranch combined. What others don't want. Englewood gets . Successful places. he DOied, and hopefully Englewood. restrict pawns and day labor halls. He commented 11131 two pawn employees wrote letters in Ilic Englewood Herald. including the CEO of E-Z Pawn . TI1is CEO. he noted. is a Teus e:o<ecutive of 2'° pawnshops with $174 million annual revenue, yet he actually claimed to ''help the less fonunate ." His own rcpon read of a 21-''Y• annual loan yield. Mr. Gold commented that 214% is ten times more than credit cards or banks. He said that $10,000 returns $31.000 in one year. in two years $100.000. yet lie claims "pawn is not usurious.·· Mr. Gold stated that Mother Teresa would know that liclping the less fonunate hardly enjoys such e11orbitanl and speedy ·- I • C • Englewood City Council June 2, 1997 Paces • 0 • profits. He IIOled lhc: minimum pawn interest rate is 10"/o per month, but actual rates are actually much. much higher. Mr. Gold stated that the fact that pawnshops have more weapons than police is irrefutable. Both pawn employees, he said. ignored this. Weapons, rifles. shotguns. piSlols. knives and more are pawns ' moSI numerous item. The first pawn shop employee, he IIOled. admitted to Englewood's decline. but ignored any reasons. Once South Broadway was a prosperous. booming area. Now. you will see day labor halls next to pawnshops. next to bars and next to liquor stores, which discourages many from shopping and living in Englewood. Police have reponed that all Englewood pawnshops have been caught fencing Slolen goods. Realize, he said. that moSI Slolen items can't and won 't be recovered. because there are no serial numbers. that is a CD. a tool. a wrench, a hammer, whatever. has no serial number on it. So, he commented. even if police know who scole it. it can't be and won't be recovered. Mr. Gold stated that a master pawnbroker and writer provides lhc: beSI evidence of pawn's destruction. P . Fletcher. be said, staned five pawnshops and brags ol 250% profit. SS0.000 on a $20.000 invc:sunent in just one year. Mr. Gold quoted from lhc: 1993 Pawnbroker's Operations Manual: "Pawn employees have few promotions. no benefits. and absolutely no chance of career advancement . Who borrows money in pawnshops? Junkies, prostitutes, dope dealers. thieves. derelicts. depraved. welfare recipients. When a pawn opens. the local indigent comes first . The pawnbroker has $25 in an item selling for $125 . Being located next to a liquor store woold be ideal . Pawnbrokers don 't care what the community thinks. The more negative feelings toward his store. lhc: happier he is because he knows there'll be more resistance to new pawns being allowed. Poor areas welcome any tax base revenue . They wouldn't care if the pawnshop was painted green and offered a tattoo parlor and questionable massage parlor. The majority of pawnbrokers were pushed to seedier areas of town. Weapons left dents in our safes and bullet holes in the ceiling. A pawnbroker can cut business in half not dealing in firearms. To be successful. handle firearms. Tools. like all merchandise. are taken in at ten cents on the dollar. Chances are excellent a musical instrument is stolen." Fonunately, Mr. Gold noted. lhc: Planning Commission voted unanimously to rezone day labor. The pawn section was rewritten to get lhc: approval of pawn lawyers and owners. The vote. he said. was split on pawnshops. Mr. Gold staled that Mart Graham later told him privately that the vote might have changed if they had had some of this information just presented. Mr. Gold stated that for Englewood's neighborhoods. growth and prosperity. lhc: original Broadway Action Plan must be approved rezoning day labor and pawnshops to industrial areas. Mr. Gold submitted written information to Council. which he identified as statistics/facts from lhc: South Metro Chamber of Commerce. the second page being basically what he said and lhc: last page is from a pawn company's annual report . • • • • • Director Simpson advised that there may be people who want to speak on issues related to the public hearings tonight on the paWIIIJrwer ordinance for zoning and the temponUy employment service ordinance. He pointed out Iha& it is really appropriate for Council to take thal testimony during those public hearing times. to consider it fully during that time. Hearing disaassion at this point. he said, docsn 't really go towards establishing the record that they need . He said he just wanted to set this straight . Mayor Bums said he was glad Mr. Simpson brought this up . He explained that Council will have public hearings on the issue or the pawnshops and day labor. He advised that anyone who wants to speak officially needs to speak al the public hearing. He noted if they speak as a non-scheduled visitor. Council is happy to liscen to what they say. but they are IIOl officially on the record or the public hearing. He said he just wanted eve,yone to understand that. • •••• (c) Gilbcn Start. 3161 South Broadway . stated he has lived there for 20 years. that he has more propeny in the City and his sister-in-law has a lot of property in the City of Englewood. He said he •. •· • Englewood City Council June 2, 1997 Page6 • 0 • was here to discuss a vacant lot next door to his father-in-law that he has been t,ying to get the City to clean up for five years. He staled he talked 10 Joyce and Lany and they gave him the brush off and he is tired of it. He said he wants something done:. that his father-in-law is 84 years old and lives next door to ii and now they have 10 get him a mask because the mildew smell comes over 10 his place. He cannot go outside and sit on the porch or enjoy anything outside because of the smell. He advised that he called Council Member Nabholz today and she has taken pictures of the lot in question . He wanted lo know if he could ask Ms . Nabholz for some of those pictures 10 show 10 Council and ask them if they would like 10 live next to that. He said there are dead mice there . In response lo Council Member Vormittag, Mr. Stark advised the lot is located at 2840 South Sherman Stn:et. Mr. Stark noted the owners came over and trimmed some trees in 1996 and that is the last time they have been over there in five years. He staled he has been talking 10 Joyce for five years and he has not gotten anything done:. He commented that there are dead mice and birds in the lot. People come by and dump everything in there. because they see trash laying along the embankments so they dump there stuff there. Mr. Stark staled he is getting tired of cleaning all that out . Council Member Nabholz advised that Mr. Stark called her this morning about this property and she went and took a look al ii . She opined that it is in pretty bad shape and she look some polaroid pictures. Ms. Nabholz staled that she was going 10 bring this discussion up under Council Member's Choice if that is acccplable . Mayor Burns said sure. that that was really the appropriate place 10 do it. He advised Mr. Stark that Council Member Nabholz will bring this up under Council Member's Choice. Mr. Stark asked that in the meantime Council please think about it . if they would like 10 live that close 10 something like that. •••• * Mayor Burns noted that Libbie Gottschalk and Julia Scott signed up to speak on day labor. He pointed out Council will be cond111.1ing a public hearing on day labor. He asked when they wished to speak. Ms. Gottschalk said it was their understanding that the public hearing was June: 2"" which is why they are here . Mayor Bums staled that they are DOI in the public hearing now. The public hearing will be called after, that this is the roster for people who just want lo come up and speak on anything. Ms. Gottschalk staled they do have a letter they would like for Council 10 have. that they want to read and they will also speak at the public hearing. But. she said, as long as they have this opponunity they would like 10 have themselves heard. Mayor Burns staled that just so they understand that they are DOI on the record for the public hearing if Ibey want lo speak now . Ms . Gottschalk said she understands. (d) Libbie Gottschalk. 2904 South Grant Slreel and Julia Scott. 2914 South Grant Slreel, introduced themselves. Ms. Scott advised that she has been a resident in Englewood since 1977. Ms . Gonschalk read from their letter. which was signed by Libbie Gottschalk. Julia L . Scott and William L . Scott. "It is our understanding that the locations of Stand-By Personnel and Prinicrs Personnel al Broadway and Bates and Pcakload Services al 27S6 South Broadway are contrary 10 city ordinance and 1berefore illegal . II is our funher understanding that during the lime Stand-By and Printers have occupied this corner. and Pcakload two blocks funher nonh on Broadway. you have received endless complaints from the residential neighbors centering largely on health and safety issues. Specific complaints we have heard made 10 you or which have been witnessed by our family , neighbors. or ourselves have been that clienlele of these companies break into and enter garages and backyards. that they urinate. defecate. and vomit in public areas such as streets. alleys and parks. Bates-Logan specifically. that drunk and disorderly persons wander neighborhood streets after leaving these establishments with pay used for alcoholic beverages or drugs. and that liner and debris increase exponentially in the summer months. You contemplated allowing an additional 120 days 10 Stand-By 's illegal. dangerous. and nollious prcscncc and according 10 the media. appropriately denied them that continuance. We hcanily applaud that decision. Therefore, ii is beyond our understanding that Stand-By now has notices on its door indicating Iha! they ... I· f • Englewood City Council June 2, 1997 Page 7 • 0 • are continuing 10 function out of that location by a thrice-daily van pickup of their clientele. Aocording lo these notices. their mail is delivered next door 10 Printers Personnel; and Stand-By "will not let the City of Englewood prevent you, their clientele. from working and paying your bills." In other words, denial of the continuance was apparently without any effect whatsoever. except the removal of office furniture. Consequences to the neighborhood remain precisely the same. In addition, these notices state that Stand- By is seeking a new location "nearby." It is confusing 10 see in the media that continuance was denied and then see the business persist in its operations brazenly and conspicuously in the same locale. What exactly does denying this continuance lo Stand-By mean? A closely related issue of equal concern 10 the neighborhood is tl1e presence of businesses like pawn shops, exotic lingerie, check cashing. X-raled videos, an overabundance of liquor stores. any and all of those entities that degrade the City of Englewood and support or encourage drugs. crime. and other behaviors incongruent with familial interests. The unfonunatc existence of this type of commerce encourages additional like businesses 10 view our city as a potential location . What is the motivation to allow these businesses to locate here? Are these tax revenues worth the price in quality of life for our families? Please inform us what direction this City Council intends 10 pursue for the City of Englewood with regard 10 Stand-By Personnel in particular and these otl1er entities in general . Is ii the future of South Broadway 10 become another East Colfax?" (e) Harry Lester. owner of Harry 's Specialty Cars al 3247 Soulh Broadway. staled he is not a resident of Englewood. but he has been in business on South Broadway for 18 years . He pointed out he has paid properly laxes the whole 18 years. He said he would like 10 address the Gothic Theater. which is right next door lo his business. Mr. Lester commented that if he left his business the way the Gothic is left he would not have a customer walk on it. He opined that ii was a total disgrace. He said he would build a city park iflhe City would tear ii down. al his expense. not at taxpayer's expense. Mr. Lester said he is not up here talking about other people spending everybody else's money . He staled he will go in his pocket and build a city park there. if the City will do something with that building. He noted that transients live in it. the weeds are two feet high on the sidewalk right on Broadway. the sign is busted and windows are busted . Mr. Lester noted that he landscaped a little bit of his lot . that he did ii in front of his office just so he wouldn '1 have 10 look at the side of the building. He said he has been in touch with the people in the City and told them if they will tell the owners he will paint the building if they will allow him to do it. He 's never heard anything and he opined that the City should address this more than trying 10 run other businesses. 1ha1 are making a living. out of the neighborhood. Mr. Lester said he will certainly do anything he can and. if he can do an)1hing 10 help. please feel free 10 call on him. Council Member Wiggins said. "that is a man after my own bean." (I) Bill Clayton. 958 East Cornell Avenue. noted he has lived in Englewood almost 50 years. that he grew up in the neighborhood over by South Cherokee in the 2800 block and his family owns properly in that neighborhood now . He said he just wanted to tell Council how excited he is that all of the problems in that neighborhood are going lo go away when Stand-By goes away . However. Mr. Clayton noted. that ii seems 10 him that those problems were there before Stand-By got there. He recalled the Horton family and commented that he didn ·1 think Stand-By brought them in . And. he noted. as he drives tllrough that neighborhood. he still sees a varied selection of junk cars. trashed out yards and he did not think those are all tenant occupied. Mr. Clayton reiterated that he is thankful that all of tllCSC problems are going 10 go away when we put these businesses out of business. Because. he staled. even though he lives ten blocks from Broadway. he found a spent 32 caliber slug in his backyard last week. it ricocheted off of somctl1ing . And. he advised. his house has been broken into and his neighbors houses have been burglarized. Mr. Clayton commented 1ha1 they kind of know who it is. they have a couple of juvenile delinquents that live a couple houses down from them. He opined they don't work for Stand-By, that they steal . Again. he said, he is glad all of these problems are going lo go away when we get rid of these businesses. He wanted 10 know how we are going to gel rid of these problems just by putting these businesses out of business. Mr. Clayton said he noticed he got his tax bill the other day and he staled that they are pretty lucky in Englewood. He noted that for a house worth S 100.000 the City taxes are about I· 0 '32xl • • 0 • Englewood City Council June 2, 1997 Pages $60.00. Mr. Clayton acknowledged that everyone looks at their taxes and says ··gosh. ii is a lot more than that."' He agreed that it is, but most of that is school tax . He pointed out that a business wonh $100,000 pays out about $3,000 a year in taxes. Mr. Clayton said he was sure they know this, but they would discover. if they look at the tax rolls in Englewood. that businesses pay most of the propcny taxes in Englewood. He stated we all know the powerful engine that has driven Englewood's growth and prosperity was not South Broadway, it was Cinderella City . Mr. Clayton pointed out that wc have watched it sit vacant while Cherry Creek Shopping Center has been redeveloped. Park Meadows has been conceived and built and it looks like University Hills will have been tom down and rebuilt while we look out the window at this vacant white elephant. He urged Council to get that thing going and to consider that if wc have mning problems, or illegal actions that arc laking place. wc should work on them. We should work on code enforcement. He said he would like to see some of the owner occupied propcnies in his neighborhood improved. He would like to sec the guy across the comer from him. on Clarkson and Cornell, take the urinal off the front of his house and the guy at Grant and Eastman. who is an owner. put a new roof on and clean all of the trash out of his backyard. Mr. Clayton Slated that he owns a piece of propcny in the 2700 block of South Delaware that he would love to develop. But. he said. the City won't enforce the codes and so the houses around it arc trashed and full of junk cars. So. he maintained. now that these businesses arc gone. we won't have anybody to blame but ourselves. the people in our neighborhood. and ii is time we staned working on those problems. 8 . Communications. Proclamations and Appointments (a) A proclamation honoring Bishop Elemental)' School's Student Readers was considered. Mayor Bums asked the City Clerk to read the proclamation in its entirety. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE PROCLAMATION HONORING BISHOP ELEMENTARY SCHOOL'S STUDENT READERS AND THE "STUDENTS IN ACTION READING INCENTIVE PROGRAM." Ayes : Council Members Nabholz. Vonnillag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. Mayor Bums presented the proclamation to Gary Price. the principal of Bishop Elemental)' School. Several students joined Mr. Price at the podium. Mr. Price stated they arc very. very please 10 have several of their outstanding readers present this evening. As well as the person behind the scene who coordinates their program. Mrs. Anita Boswonh. As mentioned. he said. this has been a very sua:essful program for them. Basically. this year. they have read 11. 9'° some pages. have had IOO'Ye panicipatioo and 72"/e of their student body has been awarded a cenificale that indicates they have read 20 or more books . Mr. Price stated they have outstanding readers from all grade levels. He advised that they had one outstanding reader present this evening and he has read 417 books this year. So. Mr. Price Slated. they arc very, very pleased and he thanked Mayor Bums for acknowledging their school before City Council . Mayor Bums offered his congratulations. Mayor Bums noted that he had auended an assembly a few weeks ago. at Bishop Elementary School. on the reading program . He thanked Council Member Nabholz for inviting him. He commented that he is an honorary member of the Rotary Club which is very active in this an:a . Mayor Bums Slated they really have a wonderful reading program and they arc really to be congralulated for this program. that ii is really rather exceptional . (b) A proclamation declaring the June. 1997 as Recycling Month was considered. I· 0 • • • • En&lewood City Council June: 2, 1997 Page9 Council Member Waggoner asked the City Clerk 10 read the proclamation in its entirety . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO PROCLAIM TIU: MONTH OF JUNE, 1997 AS COLORADO RECYCLING MONTH IN THE CITY OF ENGLEWOOD. Motion carried. (C) considered. Ayes : Council Members Nabholz. Vormi11ag. Wiggins. Habenicht, Waggoner, Clapp, Burns Nays: None A proclamation declaring June 7 through 14. 1997 as Homeownership Week was COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO DECLARE TIU: WEEK OF JUNE 7 THROUGH 14, 1997 AS HOMEOWNERSHIP WEEK IN THE CITY OF ENGLEWOOD. Motion carried. Ayes : Council Members Nabholz. Vonniltag. Wiggins. Habenicht, Waggoner, Clapp. Burns Nays : None Mayor Burns noled that this proclamation refers 10 the Housing Authority throughout He commented that the Housing Authority is not the only place where wc promote homeownership. that they plan to funher develop a homeownership plan in Englewood and especially an affordable housing program. Al the Metro Mayor's Caucus on Friday of last week they met and discussed homeownership issues which arc becoming a real problem for some of the communities around the area. He noted they have a number of employees of various types in our industries and businesses who arc really suuggling 10 afford the kind of housing costs that wc arc incurring now . The Metro Mayor 's Caucus is promoting a cook book approach to this, 10 have a list of various ways that people can approach affordable housing and homeownership . He said he would certainly like 10 promote that in the City of Englewood as well . Mayor Bums stated he is glad that Council has adopted this Homeownership Week Proclamation. 9 . Public Hearin& (a) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE REGARDING PAWN AND AUTO PAWN ZONING. Ayes : Council Members Nabholz, Vormittag. Wiggins, Habenicht. Waggoner, Clapp. Burns Nays : None Motion carried and the public hearing opened . All testimony was given under oath. Neighborhood Community Coordinator Graham staled that staff identified Council goals of quality of life, which were reviewed in the South Broadway Action Plan p,occss which occurred over the last year. He said they believe this propou1 addresses the illUCI that were raised in the South Broadway action plan. related to the belief, whidl a lot of the residents have, that pawns arc conccnlrlllina along Broadway . He advised that this proposal very simply docs two lhinp. By clistancin1 pawns. it limits the total IIUlllbcr ~ pawns that can locate in Englewood and it p,evcnls a COIICClltlalion . Mr. Graham advised that this • . •· 0 • Englewood City Council June 2, 1997 Page 10 • 0 I• • strategy was one of several considered over the last year. 1be alternatives that were considered. he said. were to eliminate pawnshops in the B-2 zoning. establish a period for businesses to relocate or establish distancing requirements between pawnshops. Mr. Graham advised that staff met with community stakeholders, including residents and businesses. and they believe this solution of distancing them is the best solution and they will be recommending that Council approve this recommendation. In response to Council Member Vormittag. Mr. Graham advised that the distance between pawnshops. right now, is I ,000 feet. Mr. Vormittag asked where that is in the ordinance. because the old one had 2 .000 feet highlighted and they gave them a new number. Council Member Waggoner stated that 13-(A) (I) says 2.000 feet on page 4 . Mr. Graham advised that the original proposal was to usc an adult uses type distancing proposal and that was the 1,000 feet . Council Member Vormittag asked how they came up with the 2,000 feet . Mr. Graham advised that it was very simply, administratively. very much like the adult usc ordinance. He said they were modeling after something that we already have on the books. so that it was easy to implement the code enforcement. Council Member Vormittag asked if it was his recommendation or the findings of Planning and Zoning. He asked who came up with the 2,000 feet . Mr. Graham stated that the 2,000 feet was pan of the information that they presented to the Planning and Zoning Commission. He noted various distances were discussed. that other cities usc both larger and smaller distances. that usc distancing regulations at all . He said it is his understanding that Aurora may use a mile between pawnshops and some other mechanisms are used in cities such as limiting pawns by number of population. rather than using distancing as a strategy. Obviously. he commented. if you increase the distance you reduce the limit of the total number of pawnshops that are permitted. Council Member Vorminag asked if thcsc would all be grandfathered in. Mr. Graham stated their recommendation is that the existing pawnshops be grandfathered in. using the nonconforming usc provisions that are already in the ordinance. He explained that if they would cease to exist for I 80 days then they could not be n:opencd. unless they were in conformance with the new ordinance. Otherwise. be noted. they could be sold and tnmsfernd in ownership in other ways. Once they close for six months then they need to find a new location if their current location is non-<:0nforming. Council Member Habenicht asked if this considers. at all. off premises kinds of things. She said she knows this was an issue we've had in the pas1. with other kinds of businesses having separate premises. Mr. Graham stated that the list of locations in the handout is our understanding of all of the currently licensed locations for pawnshops. He advised that these calculations were to determine how many pawnshops would be affected by the distancing requirements. Mr. Graham pointed out that if the location is not shown here then they are not aware if it as an existing location and it would need to be addressed. Mayor Burns asked. given the number and location of the present pawnshops. what affect the 2.000 feet between premises has on the ability to start a new one. Mr. Graham advised there are some locations that some of these pawnshops could locate into or a new shop could locate into if these have not already taken their place. But basically. he noted. when it all sorts out. there will be room for eight pawn licenses on Broadway. So. for instance. there are other locations in the City where a business could locate such as Federal . There are no licenses near it now . he said. so a shop could open up business now and then the next business would have to locate 2.000 feet from that. Mr. Graham said he believes there is a location on the south end of Broadway where there is more than 2.000 feet from the nearest pawnshop. but most of the land is used there for new car dealerships and there really isn 't an obvious opportunity for a pawnshop there. Council Member Habenicht asked if this zoning ordinance puts any business out of business. Mr. Graham stated their recommendation is to grandfather existing businesses and so it would not have the effect of putting any businesses out of business. •. I· , • Englewood City Council June 2, 1997 Pa~ II • 0 • Council Member Habenicht asked if this ordinance precludes any business if they sell and a,c not within that. or if they go out of business. can they continue as they a,c or docs change of ownership kick in a different zoning requirement. Mr. Graham explained that the non-conforming use provisions in the ordinance, as a,c used elsewhere in the ordinance. provide that once it is closed for 180 days the only way it can reopen is in conformance. So, he said. the question depends entirely upon whether or not the business closes longer than 180 days and whether or not there are businesses within 2.000 feet of that location. whether or not a business could reopen there. So, Ms. Habenicht asked. if somebody is closer than 2.000 feet to a pawn business that they are in cuncntly and they should decide to sell their business. if they sell it to anocher pawn business, even though they a,c as close as 1.000 feet to another pawn business. they could still do that. Mr. Graham advised that that would be pcnnined under this recommendation. Mayor Burns asked how many pawn businesses there are now along South Broadway. Mr. Graham said there a,c twelve listed on page four. Council Member Vorrnittag asked if that includes auto pawns or is it just pawnbrokers. Mr. Graham advised that it includes auto pawns, in some cases businesses a,c licensed for both. Mr. Graham submitted. for tl1e record. Proof of Publication indicating that notice of this public hearing was published in the Englewood Herald on May 8. 1997 . Sandi Osterna. 2843 South Grant Street. said she wanted Council to realize that she lives in the neighborhood of Bates and Broadway where tlicy have two day labors. a liquor store. two bars. a pawnshop. check cashing place and they all feed into each ocher. And. she noted. it creates. particularly for that area. a very bad situation. Ms . Ostema stated that she never stood before Council. or any ocher meeting she has been at, and said that businesses should be booced out of the City. She said she doesn 't agree with that. tliat she thinks a loc of businesses are very viable to the progress of Englewood. Ms. Ostema said she docs think. however. that fourteen pawnshops is about ten more than we need . She said she has to tell Council tliat she has no problem with the pawnshop near the Bates/Broadway area. That it is a nice. clean. well established place. She advised she has it on video tape and out of all the businesses in that area thal is one she would pick to keep it right there. right where it is at. Ms. Osterna reiterated that she has no problem with that pawnshop. but there are ocher ones that really need Council's attention. She asked that Council do their best to do what the people would like for them to do. She said it is not necessarily what the citizens want or necessarily what the business owners want or what the people in Littleton want. but do what the people would like . Vicki Lattimer. owner of Pawn Bank at 2815 South Broadway. thanked Ms. Ostema for her kind words about her business. She advised that they arc all trying awfully hard to change the negative pcrcepcion that exists about pawnshops. She noted it is just going to be an ongoing battle. that they think they are making progress and tliat is encouraging. maybe tlicy arc. Ms. Lattimer commented tlia1 when her ex- husband wanted to get into the pawn business she was so against it. she thought it was the last thing she wanted to do . She said she did not want to be involved in something that was scary, that she had that same pcrcepcion . She stated she thought people were going to come in and try to rob her. that she had all of the worst possible thoughts. Ms. Lattimer noted that was a number of years ago and since then she has learned to love it so much tliat she just recently bought him out . So . she said the store is hers and it is so much fun . Ms. Lanimer commented that she wanted to ask some of her custo1ners to come here tonight and speak. She was reluctant to do tliat just because she felt it would be an imposition for them. She said she wished she would liave. because she felt tliat everyone has these i1riages of crazed drug dealers or something that go into pawnshops. Ms. La1ti1ner stated it is so far from the truth that she wished now that she had had some people come so they could sec for themselves that her customers are great people. She pointed out they are neighbon. just good people that can 't make it from one payday to the next. Ms . Lanimer acknowledged tlicy liave a few bad eggs like any business does . She pointed out that she goes I • • • En,tlewood City Cooncil June 2, 1997 Page 12 • 0 • inlo 7 Eleven sometimes and is scared of some of the characters in there. Ms. Lattimer stated there are only four traditional pawnshops in Denver. there are auto pawns and pawns shops. that they are similar businesses. She said she is thinking of so many things that were said and she wants to respond to them . Regarding the weapons pan of it. Ms . Lattimer said that guns are a scary thing to a lot of people and you feel if a store carries guns that that is bad and guns are automatically associated with evil . She stated that is not the case. that good people buy guns too . In fact. she opined. the bad guys don't buy them from stores. they pick them up on the street comer somewhere. She said it is not pan of business that they deal with bad guys. Ms. Lattimer reiterated that they are working very hard to try to change that negative image that exists about pawnshops. She advised that they are fun places to go. good places to buy used merchandise. She said they guarantee everything they sell. it is not like you even have to worry about what yoo buy from them. You know that they will back it up . Ms. Lattimer noted they have all talked about the ordinance and discussed it so much that she thinks it is acceptable. as long as they have the opt.ion of being allowed to sell . She said that is not her intent at all. but if they take away that, she opined. you have really taken away the value of their business if they don 't have that option. Harry Lester stated he owns both of the lots at 3247 South Broadway and 3246 South Acoma . He felt he was correct in saying that he was the first licensed pawn dealer in Englewood. He said he was up on Belleview and Broadway in front of the K-Man. he went in the auto pawn business. Mr. Lester noted that all he handles is aut.omobiles . He said he would like to address the fingerprinting issue. Mayor Burns commented that he didn't think fingerprinting was an issue on this ordinance. Mr. Lester said okay. He advised that he runs an autopawn business and it works in conjunction with the retail sales of the cars. He said he has the lot behind Broadway where he stores the pawned cars. Mr. Lester stated he has never fenced any stolen cars. he has never had the police come to his lot about any stolen cars or anything like that. contrary to what a lot of people think. He advised that there is a 10-/o mal<imum loan interest that you can charge for a 30 day period and ii has to be cleared up or renewed after 90 days. He commenred that this is all stale regulated, so it is not like 1hey are there just trying to take advantage of anyone. Mr. Lester said he had a lady call him on a Saturday morning . she was a social services representative for the S1a1e of Colorado and she had 10 get on a airplane. as there was a death in her family . and she did not have a credit card. Mr. Lester pointed out that he was the only person she could come to and get $500 for her car. She left on a Saturday and came back and picked it up on Monday. He said he has people in the carpet business that travel all over and do the work for Super 8 Motels and they will borrow the money from him so they don't have to tell Super 8 "look can you front me the money to buy the carpet?" So. he noted, there are a lot of business people and he makes high dollar loans. Mr. Lester stated he has loaned out $30,000. $40,000. $50.000 at a time. these are not people that come by and drink and litter and urinate and everything like that. He said he has had that happen behind his store and it isn't from the people that come inlo his business. it is from the people that live in those shacks right there on Acoma. He noted that is the biggest problem he has had. He opined that the business people of Englewood will do whatever. that they are the ones that will come wilh the money to make the improvements. Mr. Lester advised he has donated to the schools C\'Cr since he has been in business. He said when K-Man wanted to buy him out. when he was up on Belleview and Broadway, he went down to purchase these two lots because he needed lhe room for the autopawn business. Now. he noted. several years later he is finding out he might have to stan looking elsewhere. Mr. Lester emphasized that they want to settle in some place and build a business. He said he has sold cars to lhird generations already since he has been in Englewood and has had repeat pawn people for the last four years since he has been in business. He poinred out he has not had a bit of trouble from lhe Englewood Police or the people that have pawned the cars except when one of 1hem had their radio stolen. But. he reiterated. he does not have any trouble and the auto business is different llian lhe pawn business. It is just a different business. he advised . He noccd they have to be licensed car dealers before they can pawn automobiles. A regular pawnshop cannot pawn au1omobiles unless they gel a dealer's license. He said he has been in those places like Pawn Bank and U. S. Pawn and they arc nice . He Slated he does noc see any people loitering outside or anything like that. I • 0 - • • • Englewood City Council June 2, 1997 Page 13 • 0 I • • Bren Kaufman. representing U. S . Pawn al 5030 Soulh Broadway. staled first of all he would like to !hank the people in Neighborhood Business Development departmenl of the City. Specifically, he said. Mark Graham and Bob Simpson. for working wilh lhe pawnbrokers of the City in setting up and presenting, before Council today, lhis zoning ordinance. He indicaled ii was something Ibey all agreed upon, an iSSIIC that Ibey all worked oul. Mr. Kaufman staled it is anolher example of a successful negotiation of an issue which satisfies all parties. He said he needed 10 correct somelhing that Vicki made commenl on and something thal Harry addn:sscd. And thal is. he advised. specifically on South Broadway in Englewood. !here are only four tradilional pawnshops. !hose are lhe ones thal do everything but aulopawn. He noted there has been a IOI of discussion here. and in other forums. relative to pawnshops. but in Englewood there are only four traditional pawnshops. Which. he opined. does not speak of a situation where there are far. far too many pawnshops for the size of the City of Englewood. He noted lhere was some comment made earlier in the evening relative to the quality of the people that deal wilh pawnshops. All he can comment on. he advised. is that knowing a number of the customers that service his Slore. and having worked in a number of stores throughout the area. that the vast majority of people that use pawnshops are working class people like you and I who cannot make it from payday to payday or have special needs. thal do not have banking relationships. He pointed out thal that's what pawnshops are for. people who need money quickly and have l11ings of value. He maintained 1ha1 some of the quality of people thal were mentioned prior 10 this in the nonscheduled section don 't deal wilh pawnshops. because in most cases Ibey don ·1 have anything. Mr. Kaufman advised 1ha1 they deal with people who are honeSI . taxpaying cilizens who need money . He staled that 75,,-. of the loans Ibey make are n:dccrned by the cust.omers who made lhe loans. He noted thal is an indUSlry wide average. most of the stores in his company fall wilhin that average . He explained lhat that means lhat is their stuff, Ibey pawn it. they pick it up. they pawn it, Ibey pick it up. It is a rou1ine and a straight forward type business anangerncnt. Mr. Kaufman said one other point he would like 10 make is relative 10 the gun iSSIIC that was brought up. He noced this is not a stalerncnt for any ocher pawnshops. but lhe U. S . Pawn businesses in the metro area do not sell hand guns to the public. period. He stated they take 1hem in pawn. but Ibey do ROI scll 1hem . They sell only hunting rifles and things of that nature. very much like Gan Brothers and they do noc have a Slorc full of guns. He noted their average store has maybe 15 . 18 long guns: shot guns and rifles. Mr. Kaufman advised that it is not a big part of !heir business. thal in fact from the pawn side it is less than 10"/o and from the sales sadc 111s probably less 1han 5%oftheir business. He commented that if they didn 't do guns. they cenainly would noc go out of business. They do deal guns. he said. because it is part of what people have. But they an: noc in the business of providing guns for people in general. other than for hunting purposes . Ron Gold Slated tltat 4285 South Broadway is his business address and 2812 South Bannock is his home address. He asked if he could enter his previous testimony as public testimony. Mayor Bums Slated he could noc. that he would have to repeat ii . that he couldn ·1 enter previous testimony in tltis hearing. Everything in tltis hearing. he advised. has to be done from scratch. Mayor Burns noted tltat was why people were advised 10 speak at the public hearing. if they wanted to speak on these subjects. because their remarks in the other section of the Agenda would not be included in the public hearing. (Clerk ·s note: Council agreed. during the second public hearing. Agenda Item 9b. thal Mr. Gold 's letter. submitted under Agenda Item 7b. would be entered inlo the record of this public hearing. I Mr. Gold noted lhat earlier it was rncnlioncd lhat there were 12 pawnshops on South Broadway. He stated that to his knowledge Soutlt Broadway e~ends only about 2 .500 feet . that is from about Yale 10 Belleview in Englewood. So. he poinled out. that would indicate there is about one pawnshop every 200 feet . jUSI going from the numbers earlier. He wondered how the 2.000 feet figure would lit in. given lhat is about one every 200 feel. Mr. Gold said he also thinks that ii is interesting. that thougl1 he had mentioned earlier of 120"/o annual interest. and in some cases just quoting from a major pawn companies annual rcpon. where the)• put 21,w. annual interest. and thal was incidentally consistent for 1995 . 1996 and early 1997. that nobody from 1hc pawn indUSlry seemed able lo deny thal. Mr. Gold stated that the earnings incidenlally of E-Z Pawn. and for thal ma11er looking al lhe annual rcpon of U . S . Pawn. arc primarily from these loans at these exorbi1an1 rates. not from sales. In fac1 . he poinled out. in one pawn company their sales I • 0 • Englewood City Council June 2, 1997 Page 14 • 0 • wenl down substantially and their earnings went up substantially, because, again. most of the money is coming from 1he 120% or more annual interest on loans. It is very. very hard. he said, to see this as friends to the working class or people who are actually trying to help the poor. as some people have claimed. There were no further questions and no one else was present to speak to lhe issue. COUNCIL MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC BEARING TO GA TBER CITIZEN INPUT ON AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE REGARDING PAWN AND AUTO PAWN ZONING. Ayes : Council Members Nabholz. Vormittag. Wiggins, Habenicht. Waggoner. Clapp. Bums Nays: None Motion carried and lhe public hearing closed. (b) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC BEARING TO GATHER CITIZEN INPUT ON AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE REGARDING TEMPORARY EMPLOYMENT ZONING. Ayes : Council MembeB Nabholz. Vormittag, Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried and the public hearing opened. All testimony was given under oalh. (Clerk 's nocc : Notice of Public Hearing was published in the Englewood Herald on May 8, 1997.( Neighborhood Community Coordinator Graham advised that on May s• City Council scheduled the public hearing for this evening. This ordinance. he noted. is also scheduled on first reading to prevent an undesired gap in the moratorium lhat currently exists for additional licenses. He stated that the Planning Commission held public hearings over four evenings on the matter of temporary employment services and look a significant amount of testimony. They considered several proposals to address the problems that were raised with temporary employment services. He advised this ordinance is based upon the Planning Commission ·s recommendation to not allow temporary employment services in business disuicts in Englewood. but to allow !hem. with conditions. in industrial districts. He noted ,he various alternatives are listed in 1he Council Communication. so Council can see that there were basically four different versions of 1ha1 . He said the testi1nony brought out at the Planning Commission hearing rcf1cctcd that there was a problem when temporary employment services were found in relationship 10 liquor stores. playgrounds. residences and other businesses. Mr. Graham stated that by locating 1hem into industrial areas. they felt that would best addn:ss removing them from situations where they would be causing problems. He advised that the two major issues identified were first. the impacts of temporary employment services on residential areas and second. the impactS of temporary employment services on other businesses. Mr. Graham said by putting them away from parks. businesses and residences you address those provision. He staled there was also a provision. specifically lhat the Planning Commission said 1hcy did noc wan1 to provide a grandfather clause for these businesses. He said he would jllll make !hat comparison to 1he pawns. Mr. Graham advised that there was a feeling that the pawns should be grandfathered. Pawns. he pointed out. were alrc:dy I liSled usc in Englewood. whereas 1emporary employment services are not now . have never been. a liSlcd usc in Englewood. He noted that lllllkcs the treatment differen1 as well . The recommendation. he 5lllcd. is that Council not grant I grandfather cllusc here and that would include not granting one for the businesses in the industrial an:a . BecaulC. be Slid, •· 0 • En&lewood City Council June 2, 1997 Page 1!5 • 0 - they do not currently meet the distancing n:quircments 10 residential zones. So. he noted. all the existing temporary labor services would need lo relocate and lhey would be required to go tlirough the conditional use process lo do !hat. Council Member Habenicht commented that some people have said 10 her in the past, that they have seen an increase in a lot of these businesses coming into the area. She asked if that is because our property taxes here arc higher or lower than neighboring cities. if there is any correlation. Ms. Habenicht said they heard earlier today that we have high property taxes, she questioned whether they arc higher than neighboring cities. Mr. Graham staled that he is not qualified to speak on that issue, that perhaps Director Gryglewicz could address that. Mayor Bums asked if the Planning Commission discussed the issue of transportation to these locations in industrial areas for temporary labor facilities . Mr. Graham said it is an interesting question. that certainly people arc allowed 10 stand al a bus stop. He noted he doesn 'I know if they have reviewed the possibility of gathering at some location and then going. Mr. Graham said he sees where the impacts arc roughly the same as having the meeting location there. He advised ii wasn 'I the nature of the problem that was discussed. when they wrote this ordinance and had the hearings in front of the Planning Commission . It was anticipated that any gathering point for temporary labor would have 10 be in an appropriate zone district. So. he staled. he would in1erprc1 Iha! action lo be illegal. Mayor Bums asked if the availability of transportation will be a pan of the condilional use process review. Mr. Graham advised that the extent of their review of the transportation issue was that there is RTD service inlo lhe industrial districts. so that it would be possible 10 relocate a temporary employment issue near a bus line. Mayor Bums noted that was what he was getting at. Beverly Bader. 2755 South Lincoln Street. stated 1ha1 she has lived there for 23 years and ii is right behind Peakload Labor. She commented 1ha1 she has watched her neighborhood go downhill ever smce Peakload moved in and has witnessed men urinating in lhe alleys and drug deals going down. She said thal these people have broken into her garage so many times 1ha1 the lock is broken and has 10 be padlocked shut. They have stolen lawn tools and everything else imaginable if it is not lotally put away. She advised she has her electric balbcquc grill literally padlocked and chained 10 her front porch so it will not be stolen . She noted Ibey go lhrough her trash and scatter it everywhere. She said lhe neighborhood has just gotten so seedy and trashy and ii was not like this before. A few years ago. she noted. she was cleaning and weeding out behind her garage. She stated that her garage. and her neighbor's garage, arc very close together. and she found a sleeping bag and a back pack. Someone was living between their garages. She said this never happened in their neighborhood before. that she is tired of finding and picking up used condoms. syringes and broken boou bottles. She said it is a constant. constant thing and she is getting really. really tired of it. She staled it was bad enough when Peakload was the only one there. bul when S1and-By moved in things really got bad. She said ii was her understanding from a Planning and Zoning Commission meeting 1ha1 she was at. was 1ha1 crime increased in the Ba1es/Broadway area 112-;. from 1990 10 1991 when Stand-By moved in. Ms. Bader commemed 1ha1 that is an incredible increase. She said she is tired of picking up. tired of the trashy neighborhood. tired of being afraid. She noted she is afraid all the time and she is tired of being afraid in her own house . Bui. she emphasil.Cd. what she is really lired of is Englewood business owners 1elling 1hem what they should put up with. She stated lhey arc the residents. they are there and these people ha,'C trashed their neighborhood. Obviously. she said. there is no working with the owners in cleaning the place up and getting these people out of there. She asked lhal Council please take the Planning and Zoning Commission 's recommendation lhal these be moved 10 lhe industrial area. Howard Watters. 2885 South Broadway. said he has had the building al that address since 1981. He said he is aboul SO 10 70 yards away from the corner of Bales and Broadway where the temporary employment facilities. Stand-By and 1he printing facility . ha,·c -n located . He said he would like 10 share some of •· 0 ., • Englewood City Council June 2, 1997 Page 16 • 0 : . • the experiences that he has had at his South Broadway location . He said he cannot swear that all of these incidents have resulted from some of the people who have been associated with the temporary employment facilities, but there has been an amazing coincidence of events that have happened. This. he said. is much like the lady before him, but in a business situation. rather than residential. He said he has had numerous instances of intoxicated people on the property and the police have been called. Mr. Watters noted that he has on his wall four cards of police officers who have been called at various times because of this type of incident. There was a fire set in the back of the building. he recalled. which he presumes was a bonfire for warmth during the winter. which was a potentially dangerous situation. There have been numerous incidents of indigents sleeping, relieving themselves on the property, needles found on the property, and discarded clothing. He said he has called the police dcpanment, the fire dcpanment and EMS for people who are literally passed out cold. The back entry gate to his property was literally broken down. he said. which he replaced with a chain link pie. which was immediately pushed out of position. Now he holds the gate and the fence together with a bicycle chain and combination lock. So. he said, there have been these numerous incidents of trespassing and a variety of things that have taken place which are coincidental with the existence of the temporary employment facilities . We did not have these kinds of incidents, he said. or they were very rare. with the preceding business. which he believes was a Circle K convenience store. He opined tliat . based on the experiences he outlined. the temporary employment facility location lias definitely contributed lo a diminishing of the value of the property and. perhaps more imponanlly. a potential risk . As the tenant of the main floor of this relatively small building, he said. he has an interesting business called P &. J's Dolls. This is a business that has classes in the morning, afternoon and evening, six days a week to which ladies come to make collectible porcelain dolls. he advised . As a result. the parting lot is full of cars belonging to mostly middle aged ladies and he is concerned with the situation. because it is a potential risk to them. He said he put in extra security lights in the parking lot. but this remains a real concern . Mr. Watters said he is in strong suppon of changes that would eliminate these kinds of problems. Carole Tomasso. 2998 South Bannock Street. reminded Council that she has spoken to them many times before and expressed her appreciation for their patience with her. She asked if Council is going to review the public hearing transcripts and the Planning and Zoning Commission documents concerning temporary employment agencies . Mayor Bums responded that Council has those available for their review. Ms. Tomasso strongly recommended that Council look at the infonnation to see how things evolved 10 get to the point where we are al. The Planning and Zoning Commission unanimously voted for the most stringent recommendations. other than having these businesses leave Englewood. she said. adding that she thinks they made a good decision. They have spent a lot of time looking at the problems and how to resolve them. The Commission. she said. is recommending yearly licensing. There seems 10 be a problem with liquor stores and how to keep these businesses from clumping together and becoming a parasite environment. What ii says in there. she noted. is that a temporary employment agency cannot open within a cenain number of feet of a liquor store. but a liquor store could open next 10 them. If a temporary employment agency docs open in an industrial zone. a liquor store opens within that number of feet from them. wliat is going to happen. she asked. Ms . Tomasso said she thinks they addressed that with the yearly licensing. which she feels is a very imponant component. She said she has worked on the Stand-By issue for five years. Al one point. she recalled. they agreed to hire an off-duty police officer. which did help to control their businesses. She stressed that these people do need 10 be controlled. and they need to understand that their business has to function within legal parameters and they need to control their clientele. Al the time that they had the off duty police officer the business was a little more manageable. she advised. but they discontinued it because there was no requirement. there was no one saying you need 10 do this. you need 10 control your clientele. She said she concum:d with Ms. Bacler's earlier statements that . a year after Stand-By opened. there was 112% increase an crime in her neighborhood. She opined that that sounds like a war zone. Ms . Tomasso related that she also gave some real estate infonnation 10 the Planning and Zoning Commission. acknowledging that her means were limited and her 1ne1hods were a1na1eur . She was trying to indicate what is gomg on with 1he real cstale in •· 0 • ----------------.i---------------------------~~-------, Englewood City Council June 2, 1997 Page 17 0 • the area. she said. Planning and Zoning indicated thal we are at a 70"/e rental rate, which Ms. Tomasso said she docsn'I think ii is quile thal high. She said she has noticed a tremendous increase in sales of houses and she knows of lwo illSlallces where people have moved specifically because of Stand-By. She feels ii is a neighborhood al risk. and ycl 1here are second and lhird generation Englewood people there and people like herself. 1eachers who are nol rich enough to go live elsewhere. She said she likes her neighborhood. and would like for Council to look at the infonnation she prcscnled and sec how at risk we are and sec how wc need to Slabilizc the neighborhood. Someone is going to come in 10 buy a house, and if Stand-By opens again tomonow. you've got lhe drunks and the hypodermic nccdles. she said. and that puts us at even more of a tremendous risk. Ms . Tomasso said slic also spoke with the International Bead Trader. who recently moved back next lo Pcakload. and he told her he may not be able to be here tonight. He expressed to Ms . Tomasso that he strongly feels the temporary employment agencies should be moved to industrial areas. and expressed the same concerns that other business owners have expressed. She thanked Council for following through and having Stand-By closed down. She reminded Council that. when she spoke to them previously. she said she wanted her daughter to be able 10 ride her bike around the block. She said tlicy did lliat the oilier day and they didn 't have to sec anything illegal or ugly . She opined thal whal Council did maintained her daughter's innocence. Teresa Harbaugh. 3575 South Fox Sueet. said she is cauy<arncr from Labor Ready. which is on Fox Street and Ithaca Avenue. She said she has been in tlial building since September of 1993 . Prior to Labor Ready, that building was an Anny Navy recruiting center. she advised . Everything has changed since Labor Ready moved in. she said. much like Stand-By. there is all the litter. beer cans in 1he alley and gin bottles on the sidewalk. A couple of times there have been duffel bags and sleeping bags in her window wells. and various types of trash . She said she is afraid they will smoke and bum the building down. Ms. Harbaugh said she told the police and they said they could throw the stuff' away. bu1 that docsn ·1 get rid of the people who are hanging around there. She has found clothing stuffed in the bushes. and she opined that it just doesn 't feel right 10 be near all of this. She has a mail order business in this building and does not have a lot of walk-in traffic. and this is not her priniary dwelling. but she nevertheless asscned that it is scary to be there sometimes by herself. The people all cut right through her propcny. in that she is between Labor Ready and Taco Bell . When her son washed his car recently at the do-it-yourself car wash across the street. he brought the car over to her lot to dry it off. and was approached by several Labor Ready people who asked him for money. Slic does not feel safe. she said. and she is not sure where they can be relocated. bul the bottom line is responsibility and that needs to be addressed . Ms. Harbaugh said her propcny tax has gone up. but she feels the propcny values have gone down. and it is directly related to the temporary business. Colleen Burke, 3S94 South Bannock Street. said she has been a resident for SC\·enteen years. She testified that she has picked up used syringes on the corner of her street close to the apanmcnts where a man was murdered last summer. She advised she called Neighborhood Services because she had six transients camping out behind her house . Her neighbor pul his house up for sale two weeks ago because he said the neighborhood is getting trashy. she said. Ms. Burke said she wishes she could blame 1he day labors or the temporary employmcnl scrvaccs. but she can 't. What 's happening in her neighborhood is happening in streets all over Englewood and it docsn ·1 have an)1hing to do wilh day labor. she said. She said she docs not feel ii is fair or conduci\'C 10 business to allow lhem to have opened up their businesses and then tell them they either have to relocate or get out . If day labor businesses are 1h1s dangerous and scary. what sense does ii make to move them from one neighborhood to another. she asked. She said she docs not feel that a ··not in my backyard" approach sol\'CS anything. Ms . Burke feels we need strict codes and strict enforcements. as attested to by Mr. Clayton. Mr. Lester and Mr. Stark. People are not making a conccncd cffon to call and get their neighborhoods cleaned up and get these problems corrected. she opined. If anybody. a business owner. a home owner or a landlord. is breaking codes. bei ng a nuisance or causing trouble. persistent legal rccounc will eliminate 1hcm. not n:mrung them out. She said she loves her city, she loves where she lives. and she would be ,.,lling to join any group or committee ,.-here wc can start I· -----------------------.-------------------~----------., • Englewood City Council June 2, 1997 Page 18 0 I• • revamping our neighborhoods and bringing back the pride and morale of our city . Ms. Burke said she docs not bel ieve asking a business. where there arc many people who work their butts off C\c-Cryday, lo rclocat.e, is !he approach that the City wants to lake. Jim Hannifin, 3142 South Clarkson Streel. said. in answer lo Council Member Habenich!'s earlier question. temporary services locate in Englewood because thal is where the people live who work for temporary services. They would not locate in Cherry Creek because there are not people there who work in day labor halls. With regard to the other question about transportation, he said, transportation to the industrial areas is marginal. especially compared to the twenty-four hour bus that goes up and down Broadway. He said the City of Englewood should not lake the drastic, and probably illegal, step of changing land use regulations to evict a class of businesses from South Broadway, namely day labor halls. Instead. zoning laws should be used to prevent a similar concentration of businesses in such a small area. Additionally, he said. existing laws and codes should be enforced. He said he was told that Stand-By was never served any citations by the City about any problems. He felt that was wonh noting. It remains to be seen whether the problems associated with the business at Broadway and Bales. with Stand-By in panicular, will go away now that the largest and busiest business on that corner is closed. Rather than going forward now with a measure 10 change zoning. lo close up viable businesses. he opined. the City should wail 10 see if problems continue enough to warrant such a solution. The zoning change itself was a solution conceived by the Office of Neighborhood and Business Development. together with citizens. initially to solve the problems attributed. rightly or wrongly. 10 Stand-By . Now lhat they are closed. rather than set a very negative precedent and open the City up to law suits, Mr. Hannifin urged Council to lake the time to assess the results of Stand-By · s closure and look into other more rational and less reactionary solutions. He suggested requiring off~uty police officers or their own security, which was apparently successful in the past. He pointed out the importance of business to Englewood and the importance of transportation and accessibility to those people who rely on temporary staffing services to earn their living. He concluded by saying that self-righteousness has its place. but he does not think ii makes good public policy . John Looze. 293S South Acoma Street. urged Council 10 look at what the Planning and Zoning Commission has requested of them . He said he has testified al every Planning and Zoning Commission hearing. Stand-By Personnel and Kaiser Permanente arc directly across the street from him. He bought his house in 1992 for an extremely good price. and he said he did not realize why at 1he time. The problems associated wilh day labor became apparent very soon. how-ever . They would park their vehicles on Uie east side of Acoma. lie said. They would urinate. they would defecate. sleep. drink and accost residents or anyone else who walked by . Mr. Looze said it took him about a year and a half and about ISO phone calls to the police. who were very cooperative. in order to stop these people from parking there. He opined that the real problem here is that when you have a situation like a day labor agency. they can only control their area and they arc only in control of these people when they arc on their propeny. Once they leave their propeny. Ibey arc no longer tlie responsibility of these businesses. There is no way to legislate what people do once tliey leave 1lieir place of employment. he said. And because they arc what they arc. day labor. paid dail y. once they leave the propeny there is no way that you can legally hold Stand-By or any other personnel owner liable for whm an individual does. You can 't hold a business liable because their employees arc shooting up dope down lhe street or breaki ng mto buildings or homes or accosting homeowners. Tlierc is no way 10 control 1ha1 . he assened. and th,11 his why the Planning and Zoning Commission has sent Council what Ibey lia\·e . Day labor is IIOI a viable busirlCSS anywhere near a residential area. he sta led. because they cannot be controlled. Jerry Bernard. 276 3 West Long Dri,·e. Littleton. told Council tha t he fonncrly li ved in Englewood for about 40 years. He enjoyed that time and served on the Planning and Zoning Commission while he was a resident . He said he was a nd continues to be a member of Mayflower Congregational Church. which is located at the comer of Acoma and Cornell . He said he has seen changes in the neighborhood. which he I • 0 • Englewood City Council June 2, 1997 Pace 19 • 0 • isn't sure he can directly attribute to one: or c:ven a class of businesses. He does know. however. that the staff at the church does not feel comfortable during broad daylight without the doors locked. 1bat is a frustration to him because he can remember a time when, if they forgot to lock a door. it didn 't make much difference. Now the doors arc locked IIIOSI of the time. c:vcn on Sunday mornings there arc doors that arc strategically locked . The building has just about become a locked fonrcss. he said. Mr. Bernard stated that. as he has worked around the church building, both inside and out. he has been approached on occasions by people looking for money. food and handouts. Some identified themselves as having come from Stand-By Personnel. where, according to them. there was no wort so they were looking somewhere else. Al a recent church town meeting, he advised, a woman confided that she had driven to the meeting because she was afraid to walk the two or three blocks to the church. It is those kinds of things. he said, that he is concerned about. Zoning districts arc created to control the use of properties as a protcctioa for residents. owners and the City. While the existence of a temporary employment agency is not a permitted use within any of the B-1. B-2, 1-1 or 1-2 districts. still there arc tholC businesses in those areas. he staled. It is not the fault of the neighbors that the businesses arc there, he said. so this is not a neighborhood problem. this is a City problem that needs to be addressed . It has been addressed by the Planning and Zoning Commission and he strongly urged Council to accept their recommendation. Carolyn Clayburg, 2819 South Bannock Street. staled that her neighborhood, which consists of a lot of senior people. has also been impacted by the very things that other people have been talking about this evening. Since day labor places have never been a permitted use. she urged Council to consider the Planning and Zoning recommendation very seriously and not make it a permitted use. Libbie Gottschalk, 2904 South Grant Street. and 300 East Bates Avenue. asked C~I. since the earlier reading of her and her sister's letter will not be in the public record. if that means that it will not be read and considered by City Council as this decision is made. Mayor Bums suggested that she ask that it be made a pan of the public record . Ms. Gottschalk said they would like to do so. Council Member Clapp reminded Mayor Bums that he just told Ron Gold no and it should cida be the same: for both or not at all . Mayor Bums replied that. what Ron Gold asked was whether his previous testimony could be used in the public hearing. If there is a written document that they would like to submit for the public hearing Ibey may do that. Ms. Clapp said Mr. Gold had some things that din,ctly rc1atcd to pawn shops that he wanted to be considered within the hearing. She said the only point she is making is that we should be consistent . Council Member Wiggins said he thinks we have heard the testimony . He said he has heard it once and docs not need to hear it twice . If Mr. Gold wants 10 resubmit his materia l in the public hearing for that purpose, Mayor Bums said he docs not think that is a problem. City Attorney Brotzman concurred. M s . Gottschalk repeated tbat she would like to resubmit the letter. She also pointed out that there is an attachment to that letter. which consists of 38 signatures which were gathered in less than two hours this afternoon from neighbors who arc in strong concurrence. She asked that the signatures be pan of the public record as well . She assened that it is imperative thal Council lisaen to the preponderance oftbc testimony given here and at several other earlier hearings. Ms . Gottschalk said that Council's earlier decision to deny Stand-By their continuance was clearly in the bell public interest and she does aat believe Council can do any less with the decisions that arc before them now . She said she is certain tbey arc hearing what is being told to them. that this situation is unconscionable . I· • Englewood City Council June 2, 1997 Page 20 0 , . • Mayor Bums asked Mr. Gold if he would like to resubmit his previous documents for the purpose of this public hearing. Mr. Gold responded affinnatively. Mayor Bums said they will be submitted. Tina Holonbck.. 273 I South Shennan Street. testified that she has the same problems that everyone else has . She said she no longer suppons the businesses along Broadway because she is afraid 10 get out of her car and walk 10 the business. She said she docs not shop al the King Soopers because she has been panhandled 100 many times in that lot. Ms. Holonbek shops instead at a King Soopers or Safeway near her work . She will not go in the video store or in Ilic new busine55CS where she would actually like to stop in just 10 sec what they have. She said she has been hassled in her front yard while weeding her garden. She was told by the City 10 tic up her dog. which she did. on a rope that reaches just to the fence . The dog is more than welcome 10 have anyone who comes into the yard. she commented. Although she is a renter. Ms. Holonbck said she is tired of cleaning out beer bottles from the alley and docs not want 10 live in this neighborhood anymore. Jim Recs. appearing on behalf of the Greater Englewood Chamber of Commerce and its Board of Directors. presented a letter of position. which he said is probably applicable 10 both hearings . He said he is sure lliey did not want 10 hear it twice. He read ... Mayor Bums. Members of Council. the Greater Englewood Chamber of Commerce. with 625 cun-cnt members is an organization of Englewood busillCSSC5 and residenrs . One imponanr function of the Chamber is 10 represent Englewood businesses on issues which our members believe are imponanl 10 us and lo the community. We are asking lhe City Council 10 carefully consider the impact of passing intrusive. burdensome laws. regulations and zoning restrictions which are based on perceptions and emotions. rather than facts, and which do not reduce crime. do not improve neighborhoods or the quality of life in Englewood. Any business or resident c:an be a nuisance, but that docs not mean we should restrict or zone out all businesses or residents of that type. To do so would restrict persons who have something 10 offer to the City of Englewood. The Chamber is firmly committed to policies which encourage a strong business climate. supports neighborhoods. and community improvements. Our CUSlomers. our employees. our members live and work in Englewood. Vigorous enforcement of existing laws and codes is a positive means of improving Englewood's communities. The Chamber is not in favor of regulating and restricting business 10 the extent that the atmosphere is not welcoming. Englewood should welcome businesses with the job opponunities. the tax dollars and community suppon they have 10 offer. Our Englewood businesses have chosen 10 be in Englewood our of rhc entire nation and the world. Tliey have invested in Englewood with savings. lime. hopes and dreams. Often al great personal expense. they have purchased land. built buildings. remodeled buildings. leased space for their busillCS5CS . Businesses suffer from the same crimes. the same graffiti. the same robberies and burglaries. the same random vandalism as all other residents of the City. Collectively. their commitment and their investment is huge. Although it would be expensive. those busillCSSC5 c:an and will move if Englewood docs not create a welcoming and hospitable climarc. It is interesting 10 observe that. even !hough those busillCS5CS cannot vote. they pay taxes at a rare approximately three limes thal of residents. Englewood's prosperity comes from rhe hard work and sacrifice of Englewood's businesses who collect all the sales taxes. pay the great majority of propcny taxes for Englewood city services and schools. It is no secret that business today is already burdened with numerous laws. regulations. fees . reports and licenses at every level of government . Imposing more regulations will make businCSSC5 less likely 10 set up shop in 1he City of Englewood. In summary. it is for all of lhcsc reasons tha1 we are here llus evening once again 10 carefully consider the impact of unncccssarily intrusive and burdensome laws. regulations and zoning restrictions which are based on perceptions and emotions rather than facts . which do not reduce crime. do not improve neighborhoods or the quality of life in Englewood ... Pastor Clyde H. Miller. Jr .. 17S South Jasmine Street. Denver. works at 3001 South Acoma Street. which is the Mayflower Congregational Church. He said he wishes this was an occasion when he could rally dialogue off a rebuttal 10 the previous speaker. but he will not use that occasion al ten o'clock al nipt. He said. as a pan of his responsibility for the care and the nunure of those people who worship at JOO I Soucb 0 I· 0 • Englewood City Council June 2, 1997 Page 21 • 0 • Acoma Street. he is very much interested in the quality of life of all of members. many of whom are residents of this community. As a pan of his responsibility , he said he has appeared here regularly with the Planning and Zoning committee to advocate some changes that would enhance and improve the quality oflife of. not only the members of the Mayflower Church. but also all of the residents in north Englewood. Out of that. he said, they have seen fit 10 move together in such a way as lo organize so that they might enhance the quality of life. In that context. he said. he would urge Council lo listen carefully 10 what the Planning and Zoning has put before them. He feels the quality of life in this community is a very tenuous quality of life. It very much depends on Council's positive response to tl1ose nx:ommendations. that would cause the location of some of these businesses. which are not about the quality of life for us. to relocate dsewhere. Pastor Miller said he is not anti-business. but he is pllHjuality of life for our people in the neighborhood. He asked Council to please vote positively for the issue that is before them . Carlene Walker testified that she owns property at 2911 and 2901 South Broadway. She said she is that evil lady who owned Stand-By Personnel. which she sold on March JO . 1997. She stated that all the tcmponuy help services met with Mr. Still after they couldn 't get Mr. Simpson 10 come 10 a meeting. They rec:cived assurances from Mr. Still that temponuy help services were going to be grandfathered in. just as pawn shops are. and so she sold the business. Tiicre has been much talk about Stand-By and temporary help services being an illegal elllity . If it was. why did the City grant us a license 10 operate, she asked. She said she has been lied to constantly. They said they were only going 10 license us. she said. which they did. and then they staned in on the zoning. Slic said she does not know why they just don ·1 know how 10 tell the ll\lth. She said she hears these two ladies talking about Stand-By still being in business on Broadway. but Stand-By is not in business on Broadway. Tiic company she sold it to went down to City Hall and tried to tp:l an application to fill out for a license. but were told they were not going to be given a license so they would not be given an application. After chec:king with their lawyer, she said. they bad to give them al leasl an application to fill out and needless to say. they saw where she put the applic:alion. right in the ll'ash . She said she does not understand the City . This is an absolute city of hate. she said. She said she does not know what Bible the reverend is reading out of. but it is not the Bible that she reads out of. Ms. Walker said she has tried for 28 years to protect and help poor people and people without jobs and just docs not know where he is coming from . She said. by the way. that she has heard that he has prayed for her, and his congrqation has come up to her after lhese meetings and asked where the horns and tail arc that the reverend talks about that you have . She said she can't believe a minister would do this. She stated that she has heard Mr. Gold get up in front of the Planning and Zoning Commission and rave on and on about Stand-By Personnel being a multi-million dollar business. After 28 years. Ms. Walker said yes. she has built it into the biggest. most successful temponuy service in the State of Colorado. Is lie jealous. she asked. adding that she just does not understand where he is coming from . We have asked for police n:pons. she said. She related that she went down to City Hall and asked for them . After the two ladies huddled when they found out she was from Stand-By. they told her it would cost about five or six hundred dollars. Ms. Walker said she told them that was fine. told llicm 10 charge her and asked when they would be ready. They told her it would be a week or two. but they were not ready when she called three weeks later. five weeks later. and seven "-eeks later. Tiicre were no n:pons. She said she went 10 the police three years ago when all of this started and told them that if they had any problem with anyone in that neighborhood tlicy thought was working for Stand-By. they have a computer and they should let her know and. if they were working for them. she would fire them. Tiic police never came to her with this. she said. not once . Al Ilic City Planning meeting when these ladies got up and said there were illegal aliens camped all night in the building beside her. thq· said there was broken bottles all over her lots. She took tlic new owner down there to see and there "'Crc no broken bottles. and no one camping in Ilic lot . She said she is so sick and tired of these women calling the newspapen. and the TV stations. and lalking about not having rcsarooms . She said she has three handicapped restrooms and she said she guarantees they arc cleaner than a lot of people who have been up here . .. •· • Englewood City Council June 2, 1997 Page 22 • 0 • Mayor Bums asked Ms. Walker to wrap up fairly quickly because she was staning to get over time. She said she would tell Council where a lot of their problems were coming from. and it is not temporary help services. This neighborhood. on both sides. is loaded with drug and alcohol treatment centers being run out of their homes. People come down from Denver and up from Littleton. she said. and they walk into these neighborhoods throwing out their syringes. She said she has followed them. She said she would wrap up. but has a lot more to say . She said it is such a pleasure to talk to people who think they are better than other people. Ray Tomasso. 2998 South Bannock Street. said he attended the first neighborhood meeting with Carlene Walker. at which she stated that she bought the building without knowing that there was a liquor store next door or a bar. We are talking about a person here who buys propcny without investigating the neighborhood. he said. On her thoughts on drugs. Mr. Tomasso commented that he was approached by a person walking off of her propcny to buy New York prescription drugs. When he returned home, he said he called the police and filed a police repon. In the month since Stand-By has been closed. Mr. Tomasso said he has not had to remove liquor bottles from the back yard. clothing or syringes. He has only been approached once by someone looking for a job. and that was Saturday night. he said. The neighborhood is quieter without Stand-By, without Carlene supponing her diamonds on her fingers. which she says is why she is in business. He said she is quoted in the Rocky Mountain News as thanking everyone in the business for the diamond she was wearing. He said it is the neighborhood that is at risk. not Carlene or the fact that she sold her business. The City gave her a temporary license. he said. that was not transferable. There is a moratorium on business licenses. The person buying the business should have investigated and Carlene should have told him that she had a temporary business license that was not transferable. It is not the City 's fault that the new business owner does not have a business and it is not the City's fault that he operated for a month without telling you that he was operating. and then asked for another 120 days to operate. which Council did not grant. Mr. Tomasso reminded Council that the City has cited this business for operating after they were told they could not do business. He said Stand-By put a sign on the door. locked the door, and then picked people up in the parking lot. and that is the business you are dealing with . She owns the business next door and she is still running a labor hall next door. he insisted. it is just not the scale that Stand-By was . Stand-By vans are still cruising down Acoma. dropping people off at the bus stop and taking off. It is a two minute stop to drop somebody off at the bus stop and continue on into Denver. he said. You have labor halls in Denver that are on the bus route. lf you do not pass this zoning ordinance. Mr. Tomasso said he would like to apply for a license to do business across from the light rail stop. He opined that would be a really nice centerpiece for the development . Then. he said. he would like 10 apply for a liquor license to open next door to that . According to the Chamber of Commerce. he said. he would also like to propose that his ordinance. the way he presented that. would include houses of prostitution. adult cntcrlainment centers. and massage parlors. because they also are businesses that pan of the population could be employed in. would attract residents and would raise sales tax. The question is. who wants to locate next to them or live next to them. he asked. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER cmZJ:N INPUT ON AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE REGARDING TEMPORARY EMPLOYMENT ZONING. Ayes: Council Members Nabholz. Vormiltag. Wiggins. Habenicht . Waggoner. Clapp. Bums Nays : None Motion carried and the public hearing closed. 10 . C11111nt Apda • • Englewood City Council June 2, 1997 Pace 23 • 0 • Mayor Bums advised that there arc some ordinances on the consent agenda with regard to pawn shops and temporary zoning . Counc:il's practi<:e, he explained. is to not vote on ordinances on second reading where we have a public hearing and we arc consislent with that. Some of these ordinances arc being read for a second lime on first reading . The reason is, he said, to avoid a gap in the moratorium on the issuance of business li<:enses. so we arc not adopting these on second reading. they arc first reading items . (a) Approval on Ordinan<:es on First Reading MAYOR BURNS REMOVED 10 (a) (ii) FROM THE CONSENT AGENDA. COUNCIL MEMBER HABENICHT REMOVED 10 (a) (vii) FROM THE CONSENT AGENDA. COUNCIL MEMBER NABHOLZ REMOVED 10 (a) (viii) FROM THE CONSENT AGENDA. COUNCIL MEMBER VORMITTAG REMOVED 10 (a) (Iii) FROM THE CONSENT AGENDA. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i), (iv), (v) and (vi) ON FIRST READING. (i) COUNCIL BILL NO . SI . INTRODUCED BY COUNCIL MEMBER WIGGINS A Bll..L FOR AN ORDINANCE AUTHORIZING TWO AGREEMENTS ENTITLED ~PIPE LINE LICENSE" BETWEEN TifE BURLINGTON NORTifERN AND SANTA FE RAILWAY COMPANY AND TifE CITY OF ENGLEWOOD. COLORADO . (iv) COUNCIL BILL NO. 47, INTRODUCED BY COUNCIL MEMBERS WAGGONER/WIGGINS A Bll..L FOR AN ORDINANCE AMENDING TITLE 16. CHAPTER 4. SECTIONS 10. 12. 13 AND 14, AND CHAP'IBR 8. SECTION I OF TifE ENGLEWOOD MUNICIPAL CODE 198S. TO SPECIFICALLY PROHIBIT TEMPORARY EMPLOYMENT SERVICES IN B-1 AND B-2 BUSINESS DISTIUCTS AND TO ALLOW TEMPORARY EMPLOYMENT SERVICES AS A CONDmONAL USE IN TifE 1-1 AND 1-2 . INDUS11UAL DISTRICTS . WITH DISTANCE REQUIREMENTS . (v) COUNCIL BILL NO . 44. INTRODUCED BY COUNCIL MEMBERS WAGGONER/WIGGINS A BILL FOR AN ORDINANCE ENACTING A NEW Tl11.E S. CHAPTER 16. OF TifE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO AUTOMOBILE PAWNBROKERS AND WHICH REMOVES AUTO PAWNBROKERS FROM ORDINANCE NO. 25. SERIES OF 1996 WHICH PERTAINS TO TifE MORATORIUM OF LICENSES IN nlE CITY OF ENGLEWOOD, COLORADO . (vi) COUNCIL BILL NO . 45 . INTRODUCED BY COUNCIL MEMBERS WAGGONER/WIGGINS A BILL FOR AN ORDINANCE REPEALING TITLE 5. CHAPTER 10. OF n1E ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUTO SALVAGE AND RECYCLED MATERIALS YARDS AND ENACTING A NEW CHAPTER 10. AND WHICH REMOVES AUTO SALVAGE AND RECYCLED MATERIALS YARDS FROM ORDINANCE NO . 25, SERIES OF 1996 WHICH PERTAINS TO TifE MORATORIUM OF LICENSES IN n1E CITY OF ENGLEWOOD. COLORADO. .. •· , • • • • Englewood City Council June 2, 1997 Page 24 Vote re.lb: Motion carried. Ayes : Council Members Nabholz. Vonniuag, Wiggins. Habenicht Waggoner, Clapp. Burns Nays: None . .... (ii) A recommendation from the City Attorney to adopt a bill for an ordinance authorizing the new Council Policy Manual was considered. Council Member Clapp said, as she was looking through that. she saw so many restrictions upon Council and she was wondering why wc even need something like this. since wc have Robert's Rules of Order and wc arc bound by our own City Charter. Quite frankly, she said. she docs not see it as something that it necessa,y and she docs not feel she can suppon it as a Council Member. She said she noticed that one section had been revised so that if you had an old issue and you wanted to bring current or additional infonnation on that. you would have to take it to a vote of Council. She said she sees this as being so restrictive upon Council that it is a bit ridiculous and she feels it is being abused . Mayor Bums asked if this is the same manual we have had, just restated . City Attorney Brotzman responded that it is the same manual. tliat we have been going over policy periodically, it is that manual. with cenain revisions. that we have been doing for about a year. Mayor Bums asked if wc have adopted those revisions one by one. Mr. Brotzman said no. this would be an adoption of all of those changes. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM 10 (a) (ii) -COUNCIL BILL NO. 53 UNTIL COUNCIL CAN DISCUSS IT AT A STUDY SESSION. Mayor Bums said he agreed. He felt they should go over the changes. before they put them -wholesale" in the manual and adopt the manual. Ayes : Council Members Nabholz. Vonnittag, Wiggins. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. • •••• (iii) A recommendation from the Depanment of Neighborhood and Business Development to adopt a bill for an ordinance 3111Cnding the Comprehensive Zoning Ordinance regarding pawnshop zoning and amending the effective date was considered . Council Member Vonnittag offered an amendment to page three. in the upper right hand comer. regarding the footage . He said he would like IO change the 2.000 foot distance requirement to S.000. He said. in the long run. it will be even less pawnshops. He said he still says they are all grandfathered in now . and if they move out. or they can still sell their locations. but. if one docs go out of business. more than likely it will not be able to ever be a pawnshop again. With a longer distance in there. you would have less and less. he said. and it may take ten or fifteen years. He asked Mad Graliam how many S.000 foot areas wc could possibly gc1 on Broadway. Mr. Graham said it would be limited to about three. there is about three miles of Broadway in Englewood. Clarifying for Council Member Clapp. Mr. Vonnittag said the 2.000 distance would allow for eight . Responding to Mayor Bums. Mr. Vonnittag said the ones now would all be grandfathered in . .. •· 0 • • 0 I • • Englewood City Cooncil June 2, 1997 Page25 COUNCIL MEMBER VORMIIT AG MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 46 TO CHANGE THE 2,000 FOOT DISTANCE REQUlREMENT TO A 5,000 FOOT DISTANCE REQUIREMENT. Ayes : Council Members Vonnittag. Wiggins. Clapp. Bums Nays : Council Members Nabholz. Habenicht, Waggoner Motion carried. COUNCll.. Bll..L NO. 46. INTRODUCED BY COUNCIL MEMBERS HABENICl:ITNORMITTAG A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTIONS 10, 12, AND 13, OF THE ENGLEWOOD MUNICIPAL CODE 198S. PROHIBITING PAWNBROKERS AND AlITO PAWNBROKERS IN THE B-1 BUSINESS DISTRICT; ALLOWING PAWNBROKERS AND AlITOMOBll..E PAWNBROKERS AS PERMITic:D PRINCIPLE USES IN THE B-2 . BUSINESS DISTRICT WITH DISTANCING REQUIREMENTS; AND ALLOWING PAWNBROKERS AND AlITOMOBll..E PAWNBROKERS IN THE 1-1 INDUSTRIAL DISTRICT AS PERMITTED PRINCIPLE USES WITH NO RESTRICTIONS. COUNCIL MEMBER VORMJTI'AG MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (iii), COUNCIL BILL NO. 46, AS AMENDED. MIiiion carried. Ayes: Council Members Nabholz. Vormittag. Wiggins. Habenicht, Waggoner. Clapp. Bums Nays : None . .... (vii) A RCOmmendation from the Depanmcnt of Financial Services 10 adopt a bill for an ordinana: re-enacting a section of the Englewood Municipal Code pertaining to Pawn Brmcn licensing and removing this license from the moraaorium and amending the effcai\'C: dale was aJlllidcrat. Council Member Habenicht said she pulled this item from the Consent Agenda because ii was addressed both in the public comment scaion and people were trying 10 address ii in the public hearing section. although ii was noc appropriate for that and some of the pawn shops have indicated a concern about doing the fingerprinting . She said she just wanted 10 clarify and lhal her understanding was that Safety Services was meeting with some of those pawnbrokers and pawn dealers to talk about what this was and how it would not be a panicularly onerous kind or thing. City Attorney Brotzman advised we did meet with them and we may still have a disagreement. He asked Sgt. Collins 10 explain lhe reason that the Dcpartmcnl of Safety Services has rcqUCSled 1his and why lhcy still feel strongly that it should be kepi in the ordinance. Council Member Habenicht asked if they will explain that. Council Member Wiggim commented that they do ii in banks now . He said when you go in 10 banks you pul your little finger on a little pad. it docsn 'I leave an)' ink. Mr . Wiggins pointed out. in the document submitted by Mr. Kaufman or U. S. Pawn. it has two little columns indicated a fingerprint. He opined it is about as easy as anything you will ever find. He pointed out the State of Colorado requires it on your driven license. Council Member Wiggins said he docs noc think ii is an onerous thing 10 a person 10 put a little fingerprint on ii. Council Member Vonnittag poinled out 1ha1 on the same sheet it goes back 10 3 or ·73 that they have been taking a fingerprint . so it is not like this is anything new. they have been doing this for over 20 years. Council Member Habenichl said it is also her unden1anding. and 1ha1 she may be wrong. but that she thought. because or the mail in balloc. they were thinking of valida1ing voting with fingerprints too . She staled there seemed 10 be some concern so she 1hough1 ii was imponan1 10 address it. '· I· 0 • Englewood City Council June 2, 1997 Page 26 • 0 • Sgt . John Collins said he agreed with Mr. Kaufman. that then: an: noc a significant or overwhelming number of cases that come through. However. in trying to fine tune the dclective bureau. which he said he is responsible for. they may get a few cases a year that cannoc go forward because they resolve a IOI of the pawnbroker cases on handwriting. He explained that is based upon opinion. noc scientific fact. and due to lack of oulSWlding exemplars of an individuals known handwriting many of these cases die in the water. He said his feeling is that with a fingerprint you have scientific methods to follow in order to resolve a case . Sgt. Collins commented that whether it is one. two or thn:c throughout the year you still have victims on the one side versus pawnshop CUSlomers on the Olhcr. To him. he said, the victims an: imponant and whether it is three. four or five throughout the year it is significant to him. He docs not like to lcl one gel away. Sgt. Collins said they try to make ii as non-intrusive as possible with inklcss pads. Banks arc going to them now, he said, due to the significant number of forgeries and basically they would like to follow suit to keep up with it . The City Clerk read Council Bill No . 43 by title : COUNCIL BILL NO . 43 . INTRODUCED BY COUNCIL MEMBERS VORMITTAG/HABENICHT A BILL FOR AN ORDINANCE REPEALING TITLE 5, CHAPTER 12 . SECTION 4. OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO PAWNBROKERS AND RE-ENACTING A NEW CHAPTER 15 , AND WHICH REMOVES PAWNBROKERS FROM ORDINANCE NO. 25. SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (vii)· COUNCIL BILL NO. 43. Council Member Vonnittag asked approximately how many of those people have actually been caughL of the 25 or so st.olcn goods that she said the police found in their pouession. Sgt. Collins explained that ii is difficult to pull those statistics up because of the way cases an: basically brought forward . He noted you may have a burglary or theft case that may IIOI result. in the end. as a pawnbroker violation. He said be wouldn ·1 argue with the fact that people get their property back. but that he would argue that a significant number do not get prosecuted due to the handwriting or any lack of any better ability to prosecute them. Council Member Vonniltag asked if so1ncbody stoic some equipment and was going 10 pawn it. what an: the chances of him pawning it with a fingerprint saying who pawned that stolen equipment or whatever. Sgt . Collins said he was not sun: what Mr. Vormittag was driving at . Mr. Vonnittag explained that all be is saying is that if this guy knows he stole it would he put his fingerprint with that stolen equipment in a pawnshop. Sgt . Collins com111Cntcd that a lot of these people an: noc rocket scientists. He advised that what's coming upon us now arc false ID 's. If a person has been busted before for a pawnbroker violation. he may figure: that if he just kind of scribbles his handwriting, or scribbles his finl initial or alters it in SOIIIC way. they won ·, be able 10 catch him . 11l05C an: some of the angles they will take. he said. and that 's why they an: crooks and a lot of them go to jail. because they do not learn from their finl offense. City Manager Clark said he thought what Council Member Vonnittag was asking was how much of a dclcrn:nt is this. In other words if you stoic an item. and knew that you had to leave a fingerprint. is that a detcrn:nt to attempting to fence ii through a pawn shop. Sgt. Collins st.ited that. based on 20 years of experience. he would have lo think that they would think twice . Because. whether or not they an: able to figure: out that handwriting is an opinion and a fingerprint is a fact. or a scientific process. that they would have to think twice. Council Member Vonniuag said that was when: he was kind of going with that. that it would probably be c:isicr to find the criminal who stoic the goods. He commented that he personally has pawned stuff and he wouldn ·1 have any problem leaving a fingerprint behind on something he was going to pawn or had already pawned before . Because. he noced. he has nothing to hide as a regular •, 0 I· • • • ·, • En&lewood City Council June 2, 1997 Pap:27 customer. Sgt. Collins advised that even with the advent offalsc ID 's and what not. we do have the ability of AFIS . Which is what they use. he stated. if they come up with a questionable document with a fictitious name. but a real fingerprint. They run that through the AFIS computer and if that person has been arrested before, within the State of Colorado. it will kick out their true identity. Vote raultl: Ayes : Council Members Nabholz. Vonnittag. Wiggins. Habenicht. Waggoner, €1app, Bums Nays: None Motion carried. • •••• (viii) A recommendation from the Dcpanrncnt of Financial Services to adopt a bill for an ordinance re-enacting a section in the Englewood Municipal Code pcnaining to Temporary Employment licensing and removing this license from the moratorium and amending the effective date was c:onsidcrcd . Council Member Nabholz said that she just nccdcd some clarification . She asked. if she were to vote on this temporary employment issue, if it could be construed as a conflict of intercsl due to her public input prior to this time. City Attorney Brotzman advised that all Council members have public opinions and all Council members bring those to the table . He pointed out that as long as she is lisacning to the public hearing. and hearing what everybody is saying. that it is appropriate to vote on this ordinance. COUNCIL BILL NO . 42. INTRODUCED BY COUNCIL MEMBERS WAGGONER/WIGGINS A BILL FOR AN ORDINANCE REPEALING Tl1l.E 5. CHAPTER 13. OF 11iE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO TEMPORARY EMPLOYMENT SERVICES AND RE- ENACTINO A NEW CHAPTER 13, AND WHICH REMOVES TEMPORARY EMPLOYMENT SERVICES FROM ORDINANCE NO . 25, SERIES OF 1996 WHl<li PERTAINS TO 11IE MORATORIUM ON LICENSES IN 11IE CITY OF ENGLEWOOD. COLORADO . COUNCB. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (Yiii) -COUNOL 81LL NO. 42. Ayes : Council Members Nabholz. Vonnittag. Wiggins. Habenicht. Waggoner. Clapp. Bums Nays: None Motion carried . (b) Approval of Ordinances on Second Reading COUNOL MIEM8t:R HAHNICHT REMOVED II (It) (ill) FROM THIE CONSENT AGENDA. COUNCB. MEM8ER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (II) (i), (ii), (iv). M Nll(Yi) ON SECOND READING. (i) ORDINANCE NO . 40, SERIES OF 1997 (COUNCIL BILL NO . 34. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING AN AGREEMENT BETWEEN 11IE CITY OF ENGLEWOOD. COLORADO AND SOUTH ENGLEWOOD SANITATION DISTRICT NO . I FOR MAINTENANCE •· • 0 '32xl • • • • ,, Eapewood City C1N1ncil J•ae 2, 1997 ··~21 OF SEWER LINES OF 11fE DISTRICT LOCATED WITHIN 11fE CITY OF ENGLEWOOD BOUNDARIES. (ii) ORDINANCE NO. 41, SERIES OF 1997 (COUNCIL BILL NO . 37, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORIZING AN OIL AND GAS SURFACE OWNERS AGREEMENT wrrn UNION PACIFIC LAND RESOURCES CORPORATION, AND EASEMENT, RIGIIT OF WAY, SURFACE USE AGREEMENT WITH HS RESOURCES AND A LETIER AGREEMENT wrrn HS RESOURCES. (iv) ORDINANCE NO . 42. SERIES OF 1997 (COUNCIL BILL NO. 48 , INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AMENDING 11fE GOLF COURSE RESTAURANT CONCESSIONAIRE AGREEMENT BETWEEN 11fE CITY OF ENGLEWOOD AND JOQ CORP . (v) ORDINANCE NO. 43, SERIES OF 1997 (COUNCIL BILL NO . 49, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITI..ED "UTILITY PROTECTION AGREEMENT" PERTAINING TO MODIFICATIONS FOR 11-IE SOU'IHWEST CORRIDOR LIGIIT RAIL PROJECT, BETWEEN 1liE REGIONAL TRANSPORTATION DISTRICT (RTD) AND 11fE CITY OF ENGLEWOOD. COLORADO . (vi) ORDINANCE NO. 44 . SERIES OF 1997 (COUNCIL BILL NO . SO. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING SUPPLEMENT NO . 131 TO 11-IE SOUlllGA TE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD . COLORADO FOR 11fE INCLUSION OF LAND WfrnlN 11fE DISTRICT BOUNDARIES . Vote raulb: Motion carried . Ayes: Council Members Nabholz. Vonnittag. Wiggins, Habenicht, Waggoner. Clapp, Bums Nays : None • •• * • (iii) Council Bill No . .W, a1nending the Firefightcr·s Pension Fund and Permanent Disability Benefits was considered on Second Reading . Council Member Habenicht said that . in ligb1 of1hc comments made. there is going to be a meeting o(lbe Fire Pension Board and they would like 10 make a presentation to the Council about this. She said she would like to make a motion . COUNCIL MEMBER HABENICHT MOVED TO POSTPONE THE SECOND READING OF COUNCIL BILL NO. 40 TO THE SECOND REGULAR MEETING AFTER THE Fill PENSION BOARD MEETING. .. .. •· , • • • • • She staled dial would gi\<e diem time to communicale with Council and then Council CXIUld pass tbal if there -IIO c:banges . Mayor Bums said be would lillc to have Din=c:tor G,yglewicz comment oa lhis. City Attorney Brotzman sugaled Attorney Martin Semple addn:ss this. Mayor Bums advised that Manin Semple. our special CXlWISd oa labor llllllters is here. as well . Mayor Bums said he lhoughl Council would lillc 10 "-the saatus ol any discussions with the firdigbtcrs lboul this and wbclber they do plan to have ftudler discussion at tbe pension board meeting. Attorney Semple advised that as far as the acaual ordinance illdf. in connection with a,Uectiw: barpinina. it is not contained in the collective barpinin& apccment right now . And. be said. the original impetus to make this change is based on a la(Uircmenl ol State Statute that specifies that the local jurisdiction has to make a ddennination in connection with all new firdighters hired on or after January I. 1997. He stated that the local jurisdiction is required to pay 2 .4% for Death and Disability Benefits for those individuals. As to how that payment is made. whether it is split and made by the jurisdiction itselt is determined at the local lew:I . Attorney Semple Slated that should haw: been done earlier than right now and that -tbe original impetus for the amendment ol tbe ordinance. He pointed out tliat the other aspect is. that Council has approved on second reading. an identical amendment in connect.ion with the polkle Death and Disability Supplemental Benefits. He stated that. at this stage. he did not think the collective bllpining process. as that ordinance is cunently set up. has any real bearing on it. Mayor Bums asked if then: has been ane undentanding or discussion that this is supposed to come before the Pension Board . Din=c:tor G,yglewic:z staled lhal acaually he only discussed two i-with the firefigblen. He said in a discussion with Attorney Semple. and a member ol AdministralM Servkles. it wu decided they would not put that into this ordinuce. Mr. G,yglewicz advised lhal be made no promises to discuss this at the Pension Board Meeting itself. He noted it may discusled .. the upcoming meeting but it has no bearing on this ordinance illdf. Attorney Semple pointed out there is no cbanF in this ordinance with regard to any ol the funding mccbanisms. That. he said. is not an issue at all. He advised thal the only ial iaue in rdalicwhip to die Pension Board is that the Council is setting. buic: standard that the Pension Baud has to lllide by. but the functions of the Pension Board ue exactly the same. He staled the funding is totally l!Mflfeceed by the changes. But. Mayor Bums said. then: is a standard as far as Pemanent Disability. that he underaands is involwd in this ordinance . Attorney Semple said that is '1ClfleCl. Mayor Bums asked if that is Statutory. No. Attorney Semple advised. that par1ic:ular standard is OYCI' and abo\'c what they ue entitled to under the Statute. The standard that is written in. be staled. is iateaded to be the same standard that is applied for pennanenl disability by the FPPA . lllat. be noted. is what it refen:nc:cs. Council Member Habenicht said it is her undentanding lhal members of the board bad asked to meet with Council prior to this coming to Council. She IIOled then: bu been a mish mash of miscommunic:alioa and misunderaading. She said she doesn't think it has anything to do, necessarily. with wbclber or not this would or would not go. Ms. Habenicht opined when we ue having problems of this kind ol communic:alion where ii is unclear that she fdl it -apprapriate to have that Baud meet . And if indeed they do feel they need to c:ommunicalc IOIIIClhing to Council that they have that opportullity to do IO. Ms. Habenicht stated that is why she mowed for the pclllpOIDnent. She said she would lillc to bear what their c:oncems ue . • . .. • • Englewood City Council June 2, 1997 Page JO ' • • t• • Council Member Vorminag asked Director Gryglewicz what this would hurt to delay it tluee to four weeks. Director Gryglewicz said that as Altomey Semple alluded to, the police have alrcidy had theirs written, an identical ordinance. He advised they wanted to have them both in place. He said that he would guess it could be delayed. but that they would like to get this taken care or as soon as possible. Attorney Semple stated that the primary impetus for making the changes to this ordinance deal with the State Statute. Essentially, he pointed out, an action should have been taken on it back in January. Because, he explained, anyone that is hired as or January I, 1997 the determination should be in place as to how the mandatory payments for death and disability are going to be taken care or with rqard to those particular firefighters. Every day that goes by you are just putting off the inevitable in terms or having to take some action on this. Council Member Clapp said then: wen: some a,ncems expn:ssed a while back. and she agn:ed with Council Member Habenicht. that she does not think a a,uple of weeks will hun anything to figun: out what exactly those concerns an: and talk about them. Mayor Bums commented that he is not convinced that this needs to be continued particularly. But. he noted. they did ask for some mon: information a couple or meetings ago. which they haven't exactJy n:ccived. He said he would guess it may be pn:sented at the pension meeting. He noted he is on that Board and if Council wants to continue this for awhile to get some mon: information. it is okay with him. Council Member Vormittag commented that maybe it will clean:d up by then. anyway, during their meeting and they won't have any problem with it. Mayor Bums advised that he talked to Anorney Semple a linle bit about this and he noted that tberc is a State Statute that has to be considered . He opillCld diey mould not delay this very much. Council Melllber Habenicht stated she is not suggesting tabling it indefinitely. She pointed out that is why she sugested postponing it to a point certain. So they will vote oa it apin ud it will come forward. She said she - suggesting it be two meetings after that meeting to give COUIICil time to hear what they have to say . Ms. Habenicht noted that one meeting mighl be sufficient. she jusl thought two was safer. Council Member Vormittag said they will go out thll far aad if it comes back to Council sooner. and they are satisfied with it. Council can vote on it _._ COUNCIL MEMBER VORMl1TAG SECONDED TIO MOTION. Mayor Bums said it has been moved and seconded to pollpOnC this matter until Council's second meeting after the next pension meeting. Discussion ensued n:garding the timeframe. Mayor Bums pointed out that that puts them i1110 July. Council Member Habenicht said no longer than two weeks after their meeung is wha& she ,... sugesting . Mayor Bums asked if that was two meetings or two weeks . Ms . Habenichl said that will be two weeks . So. Council Member Vorminag said. they will meet next week and Council will meet in two weeks after they meet. So . Council Member Clapp said. we an: pulling it thn:e weeks out . Mayor Bums said yes that will be about thn:e weeks out . Vote re.Its: Ayes: Nays: Motion carried. Council Members Nabholz. Vormittag. Wiggins. Habenicht. Waggoner. Clapp. Bums None ,- • . ' •· 0 • Englewood City Council June 2, 1997 Page JI (c) Resolutions and Motions • 0 I• • (i) A recommendation from the Department of Public Works lo approve. by motion. a construction contract with Thoult Brothers Concrete Contractors. for Concrete Program 1997 in the amount ofS166.877 .S0. was considered . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i). Ayes: Council Members Nabholz. Vormillag. Wiggins. Habenicht. Waggoner. Clapp. Burns Nays : None Motion carried. 11 . Rqular Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda llem IO -Consent Agenda .) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second !Qding. (See Agenda Item 10 -Consent Agenda .) (c) Resolutions and Motions (i) Director Fonda presented a recommendation from the Li1tldon/Englewood Wastewater Treatment Plant Supervisory Commillcc to applO\'C. by motion. an cnginccnng aJlllnd with Brown & Caldwell in an amount not to exceal S 177 .500 for Trickling Filter Repair II the Plane . He explained we arc engaging Brown & Caldwell bccalllC we need their help in cvalua11ng the collaplc ol t.bc filter media. Much of this work. he advised. has been done bcc:ausc we had to -on it to awid potential permit violations laler. However. he noted. we have divided the ICrvioes iMO two c:alqDries. Mr. Fonda explained lhal a great deal of the money is being held in escrow. pending t.bc OUICOIDC ol whether we arc able to settle with Brown & Caldwell on the media collapse. rcprding t.bc rap,nsibility and who will be paying . Given that. he said. we will hold the money in escrow and see how the negotiations go . He swcd that this contract provides that. while we move forward with replacing the media and getting the thing operational . Mayor Bums said then that is why ii is written not lo exceed ccnain limits. rather than a specific limit . Director Fonda said yes and if they find that additional work is necessary . since it is a difficult thing to define. then they would have to come back and we would have 10 authorize it in writing. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE CITY MANAGER TO SIGN AN ENGINEERING CONTRACT WITH BROWN A CALDWELL TO PROVIDE TRICKLING nLTER REPAIR ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED Sl77,..W. Council Member Habenicht said it is her undcrslanding that this is in conjunction with both the Ci1y ol Littleton and the City of Englewood . Or. she asked. is this jUSl us . Director Fonda advised this is aplit. ' - I· • Eaglewood City Council Juae 2, 1997 Pa,el2 . , • • t• • that wc approve the conlrllet because wc are the managing agency . Ms. Habcaic:ht asked if this .-nt is the City of Englewood's portion. No, Mr. Fonda said. this is the total. so wc would pay ,0-/o. Ayes : Council Members Nabholz, Vonnittag. Wiggins. Habenicht. Waggoner, Clapp, Bums Nays: None Motion carried. (ii) Division Chief Lockwood presented a rccommcndation from the Dcpanmcnt of Safety Services to approve, by motion. the purchase of rq,lacemcnt Fire Apparatus from Bcckcr Fire F.quipmcnt Company in the amount ofS429,765 . He advised this is for the replacement of a 1973 Tclcsqurt, that wc currently ha\'C in our f1ect, which WIS due for rcpla:ancnl in 1993 . Mr. Lockwood saalcd wc postponed the rcpla:ancnl due to the financial condition of the City at that time. In response to Mayor Bums. Division Chief Lockwood said wc are doing bcltcr now . Council Member Waggoner noted that this is not under the Capital Equipment Replacement Fund (CERF) now. He asked if it will be. Division Chief Lockwood staled that is correct. He added that Council, in 1996, approved putting all olthe major fire apparatus in CERF. but this WIS the one exception. This. he noted. will actually put them in the cycle. Council Member Vormiaag med if this -lllc madlillC tllll -aot approwd in the clcction. Division Chief Lockwood advised that this is the oac they bad asked for t1IC bolld few . Mr. Vonninag asked where WC are png tbc ~to~ this. Mr. Locbood llalod 11111 this~ WIS allocated by Council a year ago in June. Ma,or Buras naled it is i• tllc ....... Mr. Vonaiaag cocnma:Ned that wc are just png around to buying it . Division Chief Lockwood adviled 11111 die pnass few this type of a purchase is preay lengthy . He DOied wc IOok -our people. no -e,cper11 ill die field. oua to look at what was available to make sure we were png IOIIICdli11& 11111 bell llliled -aeeds. After you go through that. he said, you have to write the specificllions 111d t1ICB ... ii GIil IO bid. Council Member Vormittag med wllen we will NCCM dlis piellc ol 4 ·; . Division Chicf Lockwood advised that the IIICll infonallion he has rmved OIi it is 11111 we .-Id talle dcliwry in March of 1998. COUNCll. MEMaEa WACGONU MOVED, AND ff WAS SECONDED, TO APPllOVE TIIE PURCHASE or A TEUSQURT PUMPER ntOM TIIE aECDR nu EQUIPMENT COMPANY IN THE AMOUNT or 5'29,765. Ayes : Coullcil Members Nabbolz, Vonnittag. Wiggins. Habcnicbl. Wagoner. Clapp. Bums Nays: None Motion carried . 12 . Geaeral DhlCllaioa (a) Mayor's Choice I. Mayor Bums noted that the City will boll a Tent Talk. II Miller Field. oa 111Ursday June ,•. He encouraged ~·one to attend. He said he thought there would be a tour ol the new communic:llion center that night. 2 . Mayor Bums said he would like to• how wc arc goiq to pn,paa oa our rcwlvin1 loan program under the Brownfield project . He IDlicipaled periodic repol1S M how 11111 is goin1 aloa&- • . ... ,, •· • • 0 • Englewood City Council June 2, 1997 Pagell 3. As you may know, Mayor Bums said. Slalbucks jUSI opened in the King Soopcrs parking area last weekend. He said he understood they will have some kind of a ribbon cutting one of these days. Mayor Bums commented that it is good to sec a new business at that location . (b) Council Member's Choice (i) (Clerk's note: The Executive Session to discuss personnel matters and compensation of the Municipal Court Judge. City Attorney, and the City Manager. was postponed . ( (ii) Council Member Nabholz: I. She said. as was stated earlier. she has some questions about the address that Mr. Stark brought up, 2840 South Sherman. Ms. Nabholz advised that it was her understanding, from talking to Mr. Stark today, that there has been approximately three years of on going problems at that property. She stated that Mr. Stark shovels the snow off that sidewalk and in 19% he paid half of the clean up bill. Per the Assessor's office. she noted. this is owned by three different individuals. She advised she has their addresses and phone numbers. She said that. after walking around this property. she felt Council really needs to take a close look to sec if there has been any contacts with the owners within the last three years. any citations issued with regard to the code violations and who makes decisions when Joyce Parsons. in Code Enforcement. is on vacation. Because. she advised. Mr. Stark stated his frustration that a decision would be made once one of the code enforcement officers came back from vacation and more time lapsed from then. Mayor Bums asked if this is a residential . Council Member Nabholz said yes. that basically the house has been bulldozed and it is a real collection place for trash. tires. dead mice, aquariums. you name iL Mayor Bums suggested it should be put on the list for the BUILD Program. Council Member Wiggins agreed. Council Member Vormittag advised thal he turned that property in about a year qo. because be wanted to do a Project BUILD there. and the people Oat out refused to sell it. He noted ii is an estate somehow. ii is really messed up and the City has a lien apinst that because wc wcnl in and cleaned ii and senc them a bill . He opined thal whal it boils down 10 is they need 10 clean it up more often. chat ii is a code enforccmcnl problem again. City Manager Clark asked Council Member Vonnittag who rejected che idea of Project BUILD when that was turned in. Mr. Vormittag advised the owners would not sell. Mr. Clan noted Council can exercise Eminenl Domain. Council Member Wiggins commented Chai maybe thal's the way to go. Council Member Vonnittag noted that is somclhing wc haven'! done so let's get on that. Mayor Bums said he didn ·t think that had been done in the BUILD Program yet. but it might be something to consider. 2. She noted chat Che Clean. Green and Proud Commission understood that in January City Council agreed to give $600 toward their golf tournament. which is Friday. She noted Council has allocaced $400 to this. They were wondering if the City would be interes1ed in sponsoring a hole for S 150. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, THAT TH[ CITY SPONSOR A HOLE FOR Sl!IO FOR THE CLEAN, GREEN AND PROUD GOLF TOURNAMENT. Motion carried . Ayes : Council Members Nabholz. Vormittag, Wiggins. Habenicht. Clapp, Bums Nays : Council Member Waggoner •. .. I· • Englewood City Council June 2, 1997 Pa~.U < • 0 • Council Member Waggoner staled lhat the reason he VOied no is because ii is DOI being held al lhe Englewood Golf Course. Mayor Burns said lhat he underslands we an: working on lhat. (iii) Council Member Vonnittag advised he will submil his repon 10 Council on his lrip 10 Las Vegas two weeks from now. when they have their next Council meeting. He said it was really great. (iv) Council Member Wiggins: I . He noccd thal Mr. Harry l..esler mentioned the Gothic Theater and he agreed that Mr. l..esler is cornet. The weeds are aboul a foot. foot and a half high down there in fronl of the building. righl on Broadway. Council Member Wiggins commentccl lhat he would just as soon hope we could come in there and demo lhat lhing and lake ii out City Manqcr ClaJt said he drove by there lasl week and noliccd that He advised he had a meeting wilh Harold Celva of EDDA lasl Monday and Ibey talked aboul the Gothic and he was lrying lo ask where they an: on that He staled they are DOI 100 far along. bul he noliccd the weeds, the windows and some of lhe broken glass. He agreed ii looks pretty pathelic over there. City Manager Clark advised lhat he directed Safety Services about Tuesday or Wednesday of las! week. to go ahead and iniliale some code inspections on 1ha1 and step up lhe heal. Mr. Clark staled he would go ahead and find oul where Ibey are on 1ba1 and repon back 10 Council. Council Member Waggoner staled he would be curious aboul the claim 1ha1 lransienlS are living in there. City Manager Clark said they will see if they can check the building for uansienlS, that they were mostly going to look at the oulSide . He rei1erated lhat it is looking pretty bad and he comrnentccl thal there are a couple of other properties in that area lhal are looking bad. lhe weeds an: growing up on the walk. 2 . He advised lhal the -he abstained from voting on the minutes was because he did not receive the minuaes from the May 19• meeting. He asked lhat he be sent thole minuaes. He said he bad just assumed they had not been typed. 3 . He asked City Allomey Brotzman how we an: doing on the acquisition al Home Lumber. Mr. Brotzman advised lhal lbere is a meeting scheduled wilh Mr. Guetz tomorrow o, Wednesday. lhal we basically have a deal. He noted lhat financially ii is just the issue of clean-up and defining whal the standanS is on lhe clean-up. City Allomey Brownan staled lhal right after lhat meeting he can give Council a very good indication of when we will be owners of the property . 4 . He mentioned lhal he talked lo Jerrell Black. and the new open space coo,dinator Dave Lee. aboul monitoring Belleview Part. He advised 1ha1 Ibey had a problem when 1bey put lhal big ten foot wide concrete palhway. They buill ii righl over the valve 5lalion and somehow o, other it goofed it up and made a mess and Ibey couldn ·1 tum on the sprinklers 10 water the lawn. Council Member Wiggins statccl they have laken all steps 10 correct ii and Ibey an: finally going 10 water and make II look half way decent again. S. He said he would move that Council DOI go inlo Execu1ive Session following lhis meeting regarding lhe i1ems Ibey are suppose 10 lalk about Because. he noted. al Ibis rate of discussion Ibey will be here until I :00 or 2:00 in 1he morning. He fell Council should postpone the meeting. because they have already had two public hearings Ibis evening. Council Member Wiggins staled lhal is just his recommenda1ion and if anybody makes a moeion 10 go in10 Executive Session he will vote against it Mayor Bums commen1ed thal he would go along wilh lhat as Ibey approve the salaries retroactive to the first of the year . He said he had talked 10 Allomey Semple . Mayo, Bums said he did 1101 lhink the City Manager's salary is up al Ibis poinl. lhat Ibey had just Cllablished the City Manager· s salary and they •. , .. I· 0 • .------------------------- Englewood City Council June 2, 1997 Page 35 0 I • • were going to do a review. He asked City Manager Clark if he agreed with that, as he was surprised to see that on there. City Manager Clark said that was his undcrslallding, because they have been on a separate process on that. Mr. Clark noted it was also his undc~ng that Council had a desire to keep the issue moving on. so he thought that was why it was thrown in with the others. He stated that he docs not really have a problem if Council deletes that. Mayor Burns stated that if it was all right with everyone they would postpone those two matters. (v) Council Member Clapp: I . She commented that she would like to follow up on a couple of things. She said it seemed to her that Council was entenaining the thought of meeting with citizens on a monthly basis. that they also talked about code enforcement. and possibly getting a citizens committee together to address some issues. Council Member Clapp stated she is concerned because these arc things that Council is throwing out there. that they would like to move forward with. and they are not addressing them. She asked if they could address them at a study session in the near future as to how they arc going to achieve these . City Manager Clark said on this monthly thing there has been some dialog between Pauletta Punccrclli. Mayor Burns and Council Member Habenicht and we are trying to pin down exactly where wc are at on that. Mr. Clark advised thal they could use some clearer Council direction as to what they had in mind on that. As far as the code enforcement. he said. they did make that offer at the planning session that they set up some type ofa citizen's advisory group to work with the code enforcement people. Til3t 's going into those goals. However. he noted. they really 113vcn ·1 got a clear direction as to how soon they want to go on that. But. he said. they are still very supponive of that . we can go ahead and stan tl13t process now or whenever Council's cornfon factor is. Council Member Clapp asked if she could ask both Council Member Vormittag and Council Member Nabholz. as they both sit on the Clean. Green and Proud Commission. if that would be something that maybe Clean. Green and Proud would be iDICl'CSlcd in or if they should take another avenue and do something different . Council Member Nabbolz advised thal Clean. Green and Proud has a very full plate. that they don ·1 have enough volunlccrs as it is or enough hands or time . Council Member Vorminag agreed. Ms. Nabholz opined that it needs to be more than just one board or commission. thal it needs to be C\'CfY dcpanment. every citizen. every homeowner and renter. She said it needs to be a larger scale. Council Member Clapp said perhaps the)' could put this Oil a study session for disaassion. but ai a later date as it might take awhile. Mayor Burns commented that he fell it was appropriate to review those goals and things Council established. He noted there has been some confusion about this. but he fdt they could clear that up. Regarding the monthly meetings. City Manager Clark advised 11131 where the confusion is. from the staff level. is whether Council wanled to just continue to do study sessions. but to take them out into the neighborhoods. Similar to what Littleton docs. Or. he asked. do they want an open-ended type of a special Council meeting where they go out and you just invite people to attend. City Manager Clark stated that is where lhey need dircctioo as to what Council wants to do. Mayor Bums said wc l13vc the Tent Talks. but that he was thinking about goi11g out and 113ving a study session. He noted he understands that the cities that do 11131 , 11131 the idea is 10 have II out of city 11311 . To just go out in the neighborhood. go into a neighborhood school or where ever a11d l13ve a study session out in the 11eighborhood . He said that is what he was 1hink111g of. Because. he poillled out. with the Tent Talks we are having open meetings anyway. 10 l13ve people come in a11d talk about various things. He said he doesn 't know what other members of Council an: thinking about. bul 1ha1 was his 1hough1 on this. •· 0 • Englewood City Council June 2, 1997 Pagel6 • 0 ,. - City Manager Clark advised that the other thing that came to their mind was that if they arc going to have a meeting. where you arc going to invilC citizens in to give input. that that may have to be a special Council mecting. As opposed to a study session. which is more where you arc studying a particular iS&UC as opposed to where thl:R is a little more SIJUClurc to it. Council Member Wiggins said that is right. if you have one of those they have the procedure of discussing particular issues. He noted when you open it up to the citizens they will have everything of concern that doesn 'I hit the agenda. So. he said. you arc going to have to gear it accordingly. Council Member Vonnittag said in other words ii would be just like one of those Englewood Something lo Talk About meetings. Council Member Wiggins said right . Council Member Vonnittag commented that that is what ii would boil down lo . Council Member Habenicht asked if Council was discussing this now or if they were going to discuss this at a study session. Mayor Bums said that is a good question. He felt they should probably discuss this at a study session and formulate what they want to do . Because. he commented. he did not think they would get it done here at this late hour. 2 . She said she just wanted to bring to City Manager Clark's anention that she received in Thursday's packet. the 29"'. a letter from Arapahoe County inviting Council to a couple of meetings on May 28"' and 29"'. She pointed out that it really docsn '1 do any of them any good to get it on the evening of the 29"'. lhal they can't make any arrangements to go. Council Member Clapp stated it was nice to be invited to the Round Table. she thought they called it. but she needs a little more notice in order to make arrangements to go to these things . City Manager Clm asked what dale was stamped on the letter indicating when ii was received in the office. Ms. Clapp said she looked for that and she couldn't find a received date on it. Mr. Clark stated he would check into it and find out what happened. Council Member Vonnittag advised that it was about three. four or five days prior because he had one mailed to his house. plus he got one in the packet too. Ms. Clapp staled she did not see one in the mail . Mr. Vorminag said he received one because he is on that committee thing and he was sure he got it in the mail the same day the City received it. So. he noted. it probably set in the box four or five days. 3. She commented she had noticed a lctlCr in Council's packet from the Library Board. it was a nice letter supponing Hank Long. Council Member Clapp said that the one distwbing thing Iha& she saw in there is that it was not a unanimous lctlCr. that lhcrc was one pany that was missing. Council Member Vormittag asked who . Ms. Clapp advised it was Sandi Ostema. Council Member Clapp said she is a little distwbcd that her signature was not on it and that it was her understanding that Ms. Ostcrna was not invited either. that the letter was not given to Ms. Ostema. Ms. Clapp stated that she is a little coacemcd that we have a board that is not including everyone. even if you have one person that docsn ·1 necessarily agree. that is okay . She said she wanted to bring that to the Council's aucntion. that that wasn 't. to her knowledge. the way that it was handled. 4. She said she is curious. with the Cinderella City site. if tlierc is anything that would protect the City from low income housing being built on that site . City Manager Clark advised that the moing authority. right now . is zoned for business. Only. Ms . Clapp said. She asked if that means no housing. Mr. Clark said yes . Director Simpson advised that is not IIUC. that residential uses to some extent arc pcrmilled in the B· 1 Zone District . City Manager Clark pointed out that we arc requiring anyone that would come in to submit a PUD . Mr. Simpson said they have to have a predominance of business. But. he noted. in the 8-1 Zone District right now you can have residential uses. He explained that is why you get that mixed use affect that tlie downtown zone district has. which is having retail on the first floor and living above. That. he said. is kind of tlie direction it was always meant to be used in . Mr. Simpson said he thought that how that could be taken on the Cinderella City site. and taken to a fwthcr utcnt. would be worthy of a liulc bit of review. Ciay Manager Clark agreed that was IIUC. thcon:tically. However. be said. at some point whoever wants to develop over there is going to have to come to the Ciay of Englewood and we arc going to be insisting upon a development agreement and a PUD submillal on that sile. And. he ... I· 0 • Englewood City Council June 2, 1997 Page37 • 0 - noted. so far at leasl with the current developer. we have been insisting that the City maintain majority control of the land underneath. So. he thought there were enough checks and balances in the system that we will do whatever we can to maintain Council authority and Planning and Zoning authority over what happens over there. · But, Council Member Waggoner maintained. they can 'I take the whole site and build just low income housing. Director Simpson said that is correct, because of the fact that it is a general business district, - that you would be required to hold the zoning district in a pR:dominancc oC business uses. You a,uld have residential uses. which are appropriate and should be encouraged. but those business uses should pR:dominalc. City Manager Clark reminded everyone that the City is the majority land holder over there. So. he noted. at some point somebody has got to talk to us and we will determine which tools in the tool box will be used to regulate it. S. She advised that she received a response to a Council request and she would like 10 get a little bit more detail . Ms. Clapp explained this is on values and amounts of money that we can go in debc for and this type of thing. But. she stated. what she thought would be appropriate. and probably very helpful ID Ann Nabholz. is a list of propenies that perhaps we have in the worts. and liabilities that we have in the worts and a timelinc. Council Member Vormittag asked for a for instance. Mayor Bums asked if she means bonded propenies. Council Member Clapp explained that she was talking about properties the City has agreed ID buy. City Manager Clark advised that the only property we have agreed to buy is Home Lumber. He noted there are several other propenies that we are looking at. Mr. Clark stated that the list that was provided was a list of propenies in the worts. possible propenies that might be acquired. their expected value and source of funding . He pointed out that all propcnies would still have to come back for Council approval . 6 . Ms. Clapp stated she would like to add another personnel matter to the agenda for Council's Executive Session Wednesday. rather than do it tonight. 7. She asked that tlie Second Hand License be brought back to Council in the form of a study session. prior to coming to tbe formal agenda. 8. She said she understood that City Manager Clark was setting up a meeting with the Chamber. She wanted to know if and when other Council members are going to be invited to that . City Manager Clark advised that there arc two things he has been discuwng with Council . One is a joint Council/Chamber study session and the date hasn ·1 been set yet . He said it will probably be at the end of June or early July . In addition. he advised. the NEON group. which is a group out of the Mayflower Church. initiated a conlact with the Chamber to set up a DICeting between the business and residential community. Mr. Clarlr. stated that we offered to facilitate that and the last he lieard was that they would prefer to go a1iead and have that DICeting themselves. He said it is still unclear as lo whether the City has been invited 10 that panicular DICeting . 9. Slie asked City Anorney Brotzman for tlie status of Stand-By . Mr. Brotzman advised it is has been cited. thq• arc doing constant enforcement checking to make sure that the operation is not operating out of the location that doesn '1 have a license. He said Council does need to know that tlierc arc several issues. One is that who owns the Stand-By trucks may be in question . He noted that even though they say Stand-By on the side. Printers Personnel Illa)' own some of those trucks. City Allomey Broczman stated that our officers periodically check and make sure that the people in there are Printers Personnel people. that they are not doing Stand-By. He said that is an on-going investigation. Mr. Broczrnan advised that I • 0 • -~--------~-------------,-.---, Englewood City Council June 1, 1997 Pacell • I • • they have been cited for the time that they wen: in violation and that is going through the coun system right now. • • *. * Regarding the Secoad Hand Dealers License. City Auomey Brotzman asked Ms. Clapp to confirm that she was DOI saying she wanlcd that back inunedialdy. Council Member Clapp said no . Mr. Broczman explained that they an: going to be swling that through the Chamber and the second hand 5IOra before it comes back to Council. Ms. Clapp said that is okay, that she was just asking that it go through the channels all over again rather than just popping up OD the agenda. ..... IO. COUNCIL MEMBER CLAPP MOVED TO DIRECT THE CITY MANAGER TO PURCHASE THE PROPERTY ON THE EAST SIDE OF THE DEPOT AT FAIR MARKET VALUE. Mayor Bums asked if she was talking about condemning it. Council Member Clapp said no , that she was talking about purchasing it. City Manager Clark asked if she wanted an appraisal with that to eslablish fair market value. He said it is listed with a realtor. Council Member Clapp stated she didn't know if we would need one as long as we an: bringing it forward at fair market value. She asked if anyone feels they need one. Council Mcmbcr Waggoner said he tbought they had to have one. Mayor Bums advised that they need to know that the Housing Authority has pulled it olfthe market . City Attorney Broczman stated that they an: going to need an appraisal on that piece of property to go forward. it is just pan of the process of purchasing it. Council Member Habenicht said that it seems appropriate. Ms. Clapp said okay and asked if they have to make another motion to purchase it at the appraisal value. City Anomey Brouman said no and he explained that once staff' brings this back to Council they an: going to have to pus this by ordinance to purchase the property. He advised that they will have the price established at that point or if they don't want to sell it to us Council may see a request to do a condemnation action OD that piece of property instead. So. Council Member Waggoner said. right now all they an: .iaorizing is the appraisal . And. City Attorney Brouman said. to negotiate for that piece of property. COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO AUTHORIZE AN APPRAISAL AND TO NEGOTIATE FOR THE PROPERTY ON THE EAST smE OF THE DEPOT. Mayor Bums advised thal as Chairman of the Housing Authority he would abstain from any further discussion about this. but he said he guaranteed Council that the Housing Authority will have something to say about this. In response to Council Member Wiggins the motion was clarified. Council Member Waggoner asked if it is a willing seller. City Manager Clark advised they will have to find out . Mayor Bums advised that as of right now the propeny has been pulled olf the market . Council Member Clapp said that it is her understanding that they need more parking and thal type of thing. that it is just not adequate . She advised that that is why she is pursuing this. • . •· • 0 '32xl • Englewood City Council June 2, 1997 Pace39 0 - Council Member Nabholz asked if she could ask why it has been pulled off the market. Mayor Pro Tern Habenicht said that she did not think we'd know. Mayor Burns advised that as a point of information the Historical Society wanted to buy it and some ocher people did too . However. he pointed out that the Historical Society has a fund raising program to raise a considerable amount of money through a professional fund raiser. He noced the Historical Society owes the Housing Authority over $300,000 they used to rescue the Depot Mayor Burns stated that the Housing Authority has pulled it off the market to sec how the fund raiser would go. as a cenain kind of incentive to sec how the fund raiser would go. He advised that they have noc pursued at this point using the propeny for housing. which some of the people wanted to do originally. He stated they decided just to back off, just let the property stay the way it is and see how the fund raiser went. Ayes : Nays: Abstain: Motion carried. Council Members Nabholz. Vormittag. Habenicht, Waggoner. Clapp Council Member Wiggins Mayor Bums 11 . Ms. Clapp said that if the Gothic has broken windows, if she heard the gentleman right. that maybe we should take some action to board those up. She commented that that could be how people are climbing and getting in then:. (vi) Council Member Waggoner asked if there is a schedule on E-mail that shows all of our meetings coming up . City Manager Clark advised that usually those are on the calendar of events that go in Council's packet . (vii) Council Member Habenicht : I . She commented that she wanted to make sure that Council will be meeting Wednesday night at 7 :00 p .m. for the Executive Session . Mayor Bums said yes. Ms . Habenicht noced then it has to do with personnel matters now because they postponed the mceting tonight . City Attorney Brotzman said Attorney Semple will be there Wednesday night, so it is up to Council whether they want to put these back on . So. Ms. Habenicht said. there are three real cstale matters. a personnel matter and union negotiations, which are personnel matters. and Council Member Clapp's personnel matter. City Attorney Brotzman asked if they want to add the ones from tonight, that they arc postponing. to the list. Council Member Vormittag stated that if Attorney Semple is going to be bcrc they should just do it. Council Member Habenicht agreed that as long as he is going to be here they should just do it . Mayor Bums asked how many different subjects they have now for this mceting. City Manager Clart advised that there are three personnel issues and three real cstalC issues to discuss with Council . Mayor Bums commented that that is a loc . Council Member Wiggins agreed . Mayor Bums stated he did noc think they needed 10 load that up anymore. Council Member Habenicht said okay . Council Member Vormittag asked how long the union ncgociations will take . City Manager Clart advised they arc just going to give Council a briefing on where we arc. He said that should noc take more than ten or fifteen minutes depending upon Council. Mr. Clark noced that we have exchanged initial offers and so they just wanted to keep Council appraised as 10 where we arc. He commented that they were going to do that tonight. but they decided noc to as they foresaw the agenda would be lengthy. Council Member Habenicht asked if Council has to make a motion to go into Executive Session that night. City Attorney Brotzman said no. that it is going to be a public meeting that evening and Council will go into Executive Session. Mr. Brotzman agreed they did noc have to do it tonight . 2. She said she wanted to a pologiu and offer her regrets as she will noc be able to make the Tent Talk this week . Council Member Habenicht advised that that is the night of the Arapalioe County Cultural Council meeting. of which she is a member. She noccd that is the night they will distribute close ' I· )- • • • .,-----------~--------~------ Englewood City Council June 2, 1997 Page 40 0 • 10 $800,000 10 organi;zations in Arapahoe County. Ms. Habenicht staled ii is a very imponant meeting that she better not miss. She said she regrets missing the bart>eque, ice cream. all the good talk and visiting with the people. She said she hopes everyone anending has a good 1i1ne. 3. She Slaled she is so excited that Aood Middle School has been designated a Blue Ribbon School. Ms. Habenicht said that is such an exciting honor. She suggested we keep in touch with the School District through. perhaps. the City Manager's office. so that we can do something lo help celebrate that when it is appropriate. 4. She noted she has asked for this in the past. She addressed the earlier comment about how our business community and commercial properties pay so much more property tal< than the residents. She opined that is certainly pan of the Gallagher Amendment that we an: all very. very concerned about. She commented that certainly has become onerous because of both Bruce and Gallagher. Al the same time. she said. ii is her understanding that actually. when ii comes 10 businesses and residents. that we are property lax friendly in the City of Englewood compared 10 other cities. She asked if that is not true. that our property laX is considerJbly lower 1ha11 a 101 of olher communities both for businesses and residents. City Manager Clark staled that yes ii is. at least on lhe City levy . He noted he was not sure on the combined levy. Bui. he said, on the City levy we are doing very well. mostly due lo sales tax . He said they can pul together a comparative list for Council. S. She staled that she is personally dismayed that Council passed on first reading an agreement with Equitable and she was really expecting that Council would have received it on second reading this time because it would be signed. Ms. Habenicht commented that she was a linle taken aback that they didn '1 receive it . Council Member Vormiltag asked what happened to that. City Manager Clark advised that he planned to cover that under the next ilem . 13 . City Maaaier'1 Report (a) City Manager Clarlt advised that Council received his Cinderella City Status Rcpon in their packets. He Slated he was not going lo spend a IOI of lime on that unlcSli Council had any questions. Mr. Clart said that. as Council knows. Equitable received an unsolicited offer from a Florida based real estate developer 10 purchase Cindcrclla City. They an: still evaluating 1hal offer. City Manager Clart stated that Equitable has exprcacd. 10 the City. their desire to move forward with the purcbasc/sale agreement. pending due diligc:ncc with the other dcvdopcr. He said be talked 10 Equitable today and they think that they will ha\'C a decision between the middle ol this week and sometime next wuk.. as 10 whelher they will go forward with that unsohcilc:d offer. He advised that. if they should decide not to. they think ii will take them about a week or two 10 go ahead and get all the ncccssary signatures. He explained that the documents have to go 10 locauons throughout the United Stales Mr. Clark pomted out that that is assuming they can sllll do that under delegated authonty. If one of the officers in the company wants 10 bump 11 up 10 board appnl\-al thal could take about 45 days. In addition. he said. Slaff has been gathering some information about llus. along •1th -ocher issues. and 1ha1 was one of the reasons they scheduled the Wcdnciday nigh! stud) ICUIOII It •..s to pvc the Council some additional information about this panicular issue He ad\11cd COUDCtl tllal Mcn:anlde has sent back a marked up licensing agreement 10 us. The City Altome) 1ias IIIP'O'-c:d all ol lhe those changes and he sent ii 10 the City Manager's olftce today Cil)' MMa,cr Clart UICd lie ~ sign off' on them and Fed Ex them 10 Mcn:antile. He said he did anach a supplcmeatal -to the repo,t as 10 where Miller/Kitchdl's activities arc. He stated lhcrc arc four actl\1Ucs he rq,oned on Basically. he commented. with our discussions on accommodating the MUICUIII olOuldoor Ans (M()A). they are preparing a prospecuvc tenant progress repon . Thq ha\C 1ndicalcd lhal ~ •·di lllballl their preliminary PUD within two weeks after the City makes a final dcc1S1on on 1he Musaam ol Outdoor Ans. Mr. Clark advised that he had - addiuonal diSCUSS1ons 1>11h them loda~ 0.1 that 1S1UC and the) may be softening on that position. So lbal • I • 0 • Englewood City Council June 2, 1997 Pace 41 .. • • might change. Mr. Clark stated that wc an: proceeding with the development agreement with them. that those revisions have been made and will be brought back for City Council approval. Regarding the Museum of Outdoor Ans. Mr. Clark advised that wc have talked to them about the financial commitment and they tried to put together a meeting with them sometime this week . Mr. Clark stated they indicaled to us that al least their staff would like to go back and visit this issue with their board of directors. He said that he hoped to brief Council on those issues he handed out at study session the other night. On Monday night. he advised. they should have most of the staff work done on that. Hopefully . he said. they will have some additional information to pass onto Council from the MOA folks. 14 . City Attorney's Report (a) City Attorney Brotzman noted that Council received from the City Clerk a notice regarding an appeal by John Holland . He said this is our first disciplinary appeal since the Charter was changed. He stated that Council has appointed three hearing officers al this time. Mr. Brotzman recommended that Council appoint Ben Aiscnberg 10 hear the disciplinary appeal on this matter. COUNCIL MEMBERS WIGGINS AND CLAPP MOVED, AND IT WAS SECONDED, TO APPOINT BEN AISENBERG AS THE HEARING OFFICER ,OR JOHN HOLLAND'S APPEAL Council Member Clapp said she would ask that they wait one week on that. City Attorney Brotzman advised that they problem is that Council can't do it next week and Mr. Holland is being set back because of that. Ms . Clapp asked if it would be a problem if they appoint a hearing officer now and for some reason it is not ncc:cssary . Mr. Brotzman said no, then they would not have a hearing. He advised Council that Mr. Aisenberg was the fonncr President of the Colorado Bar Association . Mayor Bums noted he has known Ben Aisenberg for years and he is a very competent attorney. Motion carried. Ayes : Council Members Nabholz. Vormiltag. Wiggins. Habenicht, Waggoner. Clapp. Bums Nays: None . .... Council Member Habenicht asked if Council could be put on E-mail whenever they get an invitalion or something. as Council Member Clapp suggested . Ms. Habeaic:ht opined that it would save staff-tin and it would save Council some constemation . She suggested it could be put on E-mail in case theR is a two week lag and they don't get a packet or something like that. Council Member Vormittag said right. but only if it is dated material. City Manager Clark noted they get a lot of stuff' through and they will try to do better and keep an eye on the time sensitive materials. Council Member Habenicht said it would just make it easier for everybody and then it puts the responsibility on Council. 15 . Adjollraaeat URNS MOVED TO ADJOURN . The meeting adjourned at 11 : I 5 p .m . ' .. .. • .,--,r-------------~------~----. TO: FROM: DATE: SUBIECI': • • • • <. Mayor Bums and Members of City Council Doug Clark, City Manager June 12, 1997 Pre-Scheduled V"ISitor - Sheridan Council Member Elmer Waldow r Attached is information concerning Clay Street drainage . Mr. Waldow is a pre-scheduled visitor at Monday night's Council meeting. If you have further questions, please call Parks and Recreation Director Jerrell Black at 762-2681. .. • 0 • • · ... • (. MEMORANDUM ..uN I 2 TO: FROM: DATE: RE: Doug Clark, City Manager (') -1 Jerrell Black, Director of Parka and Recreation l_:J June 12, 1997 Clay Street Dra.i.n.qe Per your request, included in thia packet ia a current update of tbe Clay Street Drainap project, a brief history of the project, a memorandum from Dan Brotzman, City Att.omey, and a copy of the lnteqovernmental Agreement with the City of Sheridan. Alllo included ia a letter from Muller Engineering deacribing the moat recent p~ design. An Intergovernmental Agreement was approved between the City of Englewood and the City of Sheridan on June 20, 1994. Thia qreement addreaaed the Clay Street Dra.i.n.qe iaaue. Nearing completion of the Golf Couree Expansion project, we began deaign and development of the dra.i.n.qe project in January 1996. We have inveetipt.ed numerous deaign J)Olllibilitiea. The coat eatimatea for tbe diS'erent deaipa ranp from $60,000 to $146,000. Our deaip engineera are currently reaean:binc a plan that would continue to WM! the dit.ch on the east aide of Clay Street in conjunction with outleta that would allow tbe e:irceaa water to flow acroaa the aolf coune. The appnmmat.e coat for thia deaip ia $60,000. We hope to have a 6nal deaign within the nest ten daya to two weeks. We will keep you and Randy Young, Sheridan City Adminiatrator, appriNd of our progn,N. Please let me know if I can pl"OYide any additional information. TJB Encloaurea ( 4) Clay Street Memo cc Dan Brotsman, City Attorney Chuck Eaterly, Director of Public Works Rick Kahm, Bqimeriq Man.pr D11w Henderaon, Encu-rinl Special Projec:ta Coordinator Daw Lee, Man.pr ol Open Sp- Randy Young, Sheridan City Ad.minimator Elmer Waldow, Sheridan City Council Member • I .. .. • 0 '32x l • • 0 • MEMORANDUM TO : FROM : Dan Brotzman, City Att ey Jerrell Black , DirectorrJf P & Recreation DATE : June 10, 1997 REGARDING: Clay Street Drainage . The question has arisen regarding design and approval requirements for the Clay Street Drainage. The intergovernmental agreement in relevant part states as follows: The City of Englewood shall install storm drainage improvements to alleviate reoccurring Oooding conditions along South Clay Street adjacent to its emting Golf Course. The proposed improvements will consist of the construction of a 36" diameter storm sewer, possibly in conjunction with open drainage ditch, to intercept storm waters from the drainage ditch along the east side of South Clay Street (at appromnately the intersection of South Clay Street and West Mansfield Avenue), and divert a percentage ofthia storm water to the east for diacharp into the South Platte River. The design, choice of materials, and alignment, for said improvements shall be at Englewood's sole discretion and e:s:penae. Storm Oowa not accommodated by this system will continue to the north in the uimng draiDap ditch along the eut side of South Clay Street. Thia storm wat.er ~ into South Bear Creek. As per the original drainage plan for this area, Ocnn not accommodated by this new storm sewer ayat.em or the Clay Street ditch will breach and ditch bank, Oow overland euterly acrou the · golf coune, and diachup into the South Platt.a River. The uimng toposraphy along South Clay Street ctictat.. that the m~ority of storm drainage from the Golf Coune Oows eut.erly into uistiq labs and into the South Platte River. En,lewood anticipat.N DO sndiDI c:hup at the Golf Coune that would increase storm OoW1I from its property into the drainap ditch along the Nat side IX South Clay Stnet. Clearly, alleviation of the Oooding wu the iuue at the time this a,reemmt was ne,otiated. At that time the propowl improvemeata c:oasil*ed IX coaatruction of a 36" ltorm -er in conjunction with an open drainap ditch. It ia tbat dninap ditch which ia DOW a matter of cont.ention. While propoaals were included in the .,.....ent; the demp, choice of mat.eriala and alicnment for uid improvementa wen clesipated to be at "EncJewood's sole diacntion and expense." No approYal ia nquind rrom Sheridan; howeftr, it would be appropriate to live the City notice of Enciewood's dNip. The primary feature of the deaip should be to alleviate flooding CODditiam aJoac South Clay Street. CC : Dou, Clark Chuck Eaterly Rick Kahm DB/nf ... I· ·-~-~---------------=.=---~--------,---·----~------ • • • JUN -i2 -97 rH ry l2:4 7 PM MULL ;?. ENGINE ;?.ING June 12, 1997 Mr. Rick Kahm City ofEnglewoocl 3400 S. EJati Street Englewood, Colorado 8011 O k Englewood Golf Course Stonn Sewer Outfill FmalDai111 MECProjectNo. 9618 Dear Mr. Kahrn: 0 • FAX NO. 303 988 4969 This letter has been prepared to provide the City ofEnpwood with a bricfovavicw of the proposed design for stonn drainage impro,,ementS far the ponioa of Clay Sueet that is located adjacent to the Englewood Golf' Course. lbe revised daip includes improvemans d,at we believe meet the requiremenu for the Goif Course expansica P.UD . and also addresses additional drainap ccnccms along the nonheriy SClfflCll'S of the di&ch. Our previous desian proposal to coamucc a acrm sewer sysr.em from the Cay Street and Mansfield Avenue intersection to the South Piute River' did nee adequarely addn:.ss drainap iuues for the uu located to the nolth of Mansfield dlll coacribura mos of the water to the Cay Street. ditch. The aorm drainage system desip bas been rffllCd becam the ori&inal dai111 did not oconomically addreu the underlying issues aimmarizad in the P.UD., which ii to allow S101m WIier to drain toward the South Platte Riw:r and mitiptc any flooding to properties located to the west of Oay Street. The proposed new desian will utilize the exiltifta JO-inch storm syllCm that drains to the north along the cut side of Clay Street tom the intersection with Mansfield Avm1e to north of the salf c:owse maintenance driveway. That system will be i.npowd to iadude CDalbUClion of an adequarely sized inlet that Will be connemd to the c:xisiing 30-iacb pipe wirh a new lllfflllll of 36-inch pipe. A c:onc:me overflow spillway sauc:ture will be COIIIINC&ed to the north of the JO-inch ouiU, and will allow flow to be diwned to the aoJf course to reduce the flows in the cut roadside ditch of Cay Street. An aistiaa 21-inch irrigation pipe will rour. some of the overtlow toward lhc aillins Solf course ponds It this loc:alion minimizint damqe to the coune. Airy udlup will Sow overland to the cast toward the ponds. Stormwater tha rootin 141 10 8ow &Iona Iba roadside ditch wiD drain towud the exiltin& JO-inch pipe that ia localed 11 the aonh cad of Clay Su. (du pipe route1 8owa inco Bear Crak). Wbea ftowl m:oed the capacity "'die dirdl, the lows will OYIROp the -berm loc:atad alons the west boundary of the pf cx:iune lad dniD to the ... thtouah ... -QOWM prior to c&llina doodin1 or propartial loc:llad to tbe..,.. of Clay S-. Thia will occur• IIYW'al locltions a1ona the ditch. A second overflow spillway IDUCIUnl will be c:cubUd.t near 11w north and oC 0ay I· C • Mt. lUck lClhm June 12, 1997 Pagel <. • • r .u itv. JUJ :,oo 1t:,o::: r~ J SU-. Thia ltNdura wil be daipld to raal8 taws towll'd tbl pf coune during a 100-year IIOrm .-and wlm die 3o.iadl pipe bec:oma plualll cw iD capacity ii......... lbe udfizadon oCtbc ovwflow apihay IIIUCllftl prcwidll a madlDd to fflUllC lows u,ward the aolf caune thac ii las .. .,,cihleto ..... dllll& ....... .,.. would be. the r9Viled delip lbould pn,vida .. « Ill ............ solution to lddr9II the ..... c:aama Ilona Clay Sir-. Plllle COIIIICt • if you bave 111Y cpllionl ~ tba ..-eel inbmllion. Sincenlly, MUUEll ENGINEENNGCOMPANY, lNC. ~.;ll..4fo Bnx:e A JWnr Jr .. P .E. Project Manlpr ' ' ...... . ... • l ,, . ' • 0 '32xl • 0 -. ' :'.,X l!O. r s -. -= .. I • ----------------· • • • • Clay Street Dniaqe History JaL 26, 1994 10:00 aa Elmer Waldow 111d Chluncy Duan mec wilb GolfC-111d Eaai-iDa lllffwida prapoal for storm __. syslml. IDilial clilcussims prapoaed lhlrilla COIII wilh Ellw. (EJm. buys pipe 111d City imlalls). E11w ..-to obcain free WIS tom Bald 111d KJappenbera. J .. :zo, 1994 Aar-ent wilb Sberidln for "Paymmt in Lieu of Taxes" ii approved by Ordilllace 21, 1994. 1bis llleellltlll included storm chilllp illqao.-mll ID Clay St. Oar Golf Coane Elqaaiaa Project required timely aec:uliaa oftbe P.U.D. Sbsidlll required dais.-ID proceu P.U.D. in timely maa.. Storm__. bee-. tDllll fiDIDcial l'llpCllllibili ofEapwood. Ju 15, 1"5 City meell with Rieb C-(C-lrina Ellplllr • 4 IIMe ID Sbsidlll), Elmlr, Bald, wt Kloppeabq in field ID wdt pn,ject. Baki ad lCJDpplllNII ... ID pw-, ._ ..... Eqlcwood nlllins Rieb C-ID delip-_,,__ Ju.20,1"5 GolfCoune 111d £.....-ina lllff met willl Rieb C-ID dilcml project. ,. 16, 1"5 1•.Jtaa ~ willl Elmlr, ..... GolfCoune. ,. 24, 1"5 11:45 aa GolfC-. ad Eapleelina lllffmet• w.-.. SizzliD willl Bald ad Kloppaibq. All partill in..-re: project ad- Nff., 1"5 lllwl ad llllfllaa prabllml o(Ricb C-dlll,-dlllp camplldaa C-1 pnlllW DGt B clif4INI ID Cily o(Eapwoad. CW _ha • ...... ,. City nlllins Mldllr EapllllilslOdlllp .,_ llllldca ........ dlnllip Bllki ad ICJappeablr&. $12,000 ... .,"" ....... plw. JIIIJ,1"6 BllkiaeaD1-. Noc ••,1"6 ~---...y. Nejl•hfhwwllllaty A--,lllpL Marellll,I,,., K11ppzll1rs..._., pew Oalrwlllll•IIIL Llllrwaala't ..... •Cily. A,rtl 25. I,,., City BCliflll prapoal tom MlllarEaplllrill lO....._dllip allaWiww ad .......... A lllldyofdll ..... baiatladl• ............ _ ............. ........ May, I,,., a.....-dlapl nwillllMprapalld .. dlllplllllWiwe. ladyY .......... Clly Mlalpr, ... iDwlwd. ~..,_ ........ Dia-ad• b IL err ..... o(Slllrida ... ., ........................... ........ ...... ,,., Janll Black iafilrml Eaplllila .. City ....... DIii Clldr. ............ cs., 9t. dniaapilal. • • V • 1.• -; . " • • • (. CITY OF ENGLEWOOD .: .....• ~ .• ;_ !· ·- ·•·. ·! ':(. -·!.--~ .' ~ -.=~-~: .. · .. r::· .·· · .. ' . . . . ;J ,. ··~·~·· STANDARD CONTRACT/AGREEMENT COVER SHEET ·t CONTRACT DATE: _____ _ IDemFICATIONNO. _________ _ Number to be assigned by City Clerk Division TitleorPurposc: Inter,y:uernmentaJ lg::eement -Payment in Tien Taxes Contr.ldor's Name or ocbcr puues to Apeemenc ____ _,c_,i .. t.~~·--o ...... f--S~h~e ... r~···-dMe ... n .... -------------------- Responsible Oepanment :_.....iR"'••c: .. r..-awe•t--io10 .... 11 ... , .....iP!'""'1"'h .. J..ii .. c: ...... Mo ..... r.kwis._.,,.._.F;....i.n~a-.n11c:-ae1------ Concaa Pmon : Jer ... eJ J Blbct, !'rank Gryq] ex• cz , Chuck Est•-, v Authorizing Raolulioa/Ordinance:_~01.1r..id.._.i .. n"Aa.Dw.C..sl;....NQ"""'""''-"'2"'8"" • ...._,.S15@;,; .. ~l, .. • e....,sL-lo"-f.....;l.,.9iLoil9.;a41-. ____ _ Previously ~ by City Ano~ Slalf. ... ~-· ··-::·. , . ···:· , __ Maiz ·· .. ·· •A.....,at -_;: _.,..._ ··::. : -~ . ·-. _ .. ' - -i ~ '··_Coalbaaioa A.......-.;"·:··' .: '?}i~l . • . .. _Other ____________ _ nus CONTRACT/AGREEME?ff 'lnMINATES ON TO BE COMPLETED BY CITY CLERK'S OFFICE ....... RETemON PERJOD _______ DES'lllUCTlONDA~-------- COVSKT • 12/92 ... • • . (• • AGBEDIENT FORPADIENT lNLIEU OF TAD:S BE'l'WEEN THE ClTY OF SBEBUU.N, COLORADO AND TBE ClTY OF ENGLEWOOD, COLORADO. Thia Acreem-t. mtend into thia ~ day of ::Z:-.,..-L--1994, by 1111d between CITY OF SHERIDAN ("Sheridllll") uui the CITY OF ENGLEWOOD n:n,lewoodi municipal corporaaom of the State of Colorado. WHEREAS, the City of Ensiewood desins to upand itl Municipal Golf Courw loc:ated within the City of Sberidllll; lllld WHEBEAS, the City oL 51-idaD dHires to prateet itl raidmta &om an aroma of ita tu bue; 1111d WHEREAS, the City olBnslewood wuientanda the need for the City of Sheridan to protect ita erociiDc tax bue; uui WHEREAS, the City oL Sharidan and the City ofEnpwood dNire to faat.ar coopermve p,,wth for both c:itiea; lllld WBDBAS. the City af Sbaid.m lllld tbe City af~ dain to.-mo an ~ ..... the City al ........ to apaad ita GolrCourN and to protact the tax bue af tbe City af Sberidlm; ad WHERIAS, tbe Plmmlls C-ei rim Ill' the Cl&7 afSblridu baa ru ded dlai the P.U.D. idmtiSed • the Plamcl Uait 0...lnpcn & Applieetim lor the a&, af IDclewood be~ - WHEREAS, the P.U.D. appron1 ia ~ for the npen:im aft.be BllpftOd Municipal Golf Coune; uui WHDIAS, witboa& the IIPPl'ffU afthe P.U.D. H lifwl a tbe PlaDDld Uam o.v.Jopmmt Applica&iaa lor the Cit;, aflapwood. ....... waaJd ..... to the -- hereof; NOW THDEPOBE, in camideradoD aftbe .....m wl pnmiw ......t lllniD, the mftlciency af which ii .......... by the puttae, the patiee ...,.. • IIDewl: 1 •. • • 0 '32xl • .-----------------~-----:--- • . ' - THE CITY OF ENGLEWOOD HEREBY AGREES: l. To collect from patrons of the Englewood Municipal Golf Course, three and one- half percent (3 .5%) of all Green Fees. The City of Englewood shall remit said sum to the City of Sheridan on an annual basis, said payment to be made within thirty (30) days of the end of the City of Englewood's annual audit. 2. The residents of the City of Sheridan shall be entitled to pay Englewood resident rates for Green Fees and Instructional Golf Cluaes oifered by the Eqlewood Recreation Department at the Englewood Municipal Golf Course located in the City of Sheridan. Said rates to be set solely accordiq to the policies af the City al Englewood and without the approval af the City of Sheridan. 3 . The City of Englewood shall install storm drainage improvementa to alleviate reoccurrinr tloodiDJ conditions alonr South Clay Street adjacent to ita uiatinc Golf Course. The propoaed improvements will consist of the construction of a 36" diameter storm sewer, possibly in conjunction with open drainap ditch, to intercept storm wams from the drainap ditch alone the eut side oC South Clay Street (at approzimately the intersection of South Clay Street and West Mansfield Avenue), and divert a percentap oltbis storm water to the eat t'ar disc:harp into the South Platte Rift!'. The desip, choice a mat.eriala, and ali.,,ment, for said improvements shall be at Englewood's sole dileretion and apenM. Storm t1ows not ai=mmod.aied by this l)'ltem will eoatinue to the north in the aiatinc drainap ditch aJoar the tut side • Soatb Clay Stnet. Thia liorm water dilcharps into South Bar Creek. A. per the ori1ina1 dninap plan t'ar this area. flows not accommodated by this new storm -IJltem or the Clay Street ditch will bruc:h the ditch bank. t1ow Offriand euterly acrou the plf coane, and diacharp into the South Platte RiYW . The uiatinc topocraphy alaq South Clay Street dictatN that the ma,iaritJ al storm drainap from the Golf Course flowa eaat.erly into matmc lakas and into the South Platte River. Enclewood anticipates ao ,ndinc c:banp at the Golf Course that would incru.se storm flows from ita property into the drainap clit.ch alone the east side of Sou.th Clay Stnet. 2 • . ... 0 •· 0 • ~ <,.) I\) w X "' o ,,s; i,1,it;; I t; ~,: ~ ,; i 1r; gtlg irfJ(irrt I~ r9 r~1 of, J· fg ' I , I r t. ' a • ' l ~ i ~ ~ ' 0 e: a. r 11 J 1:t&i.l f. arr. J·a.;: tf l.tri frr ~ •t I r ~ g Ir l !1 1 1 .11,ll I ft ,1~ I 11 :111 ftl It till l I' it ; 5, ·~l· '1:l 1Ji1 it I :I Irr i !1 !JJi 11 lil•l~' I £a !I~ ~ ,~ r,m , . ' I" t J a. i J. if I 'I .,. r • I . 7 ' . ~ . . . • • • <. 4. This Agreement shall not be eft'ective unless the City al Sheridan oo 5nal readinc approves the P.U.D. application on or before 28th day al June, 1994, and doea not repeal or take any act inconaiatent with approval al the P.U.D ., and don not impoN any conditions in addition to tho• imposed by the City al Sheridan Plannin1 and Zanini Commission. 5. This Acreement shall automatically t.erminat.e if at any time the City al Sheridan violates any t.erm al this Acreement or otherwise interferes with the operations at the Ensiewood Municipal Golf' Course. 6. The City al Encfewood qrees to perform all duties and to tblflD all reqainmentl impoaed upoa it u Mt forth in the P. U.D. approved by the City al Sheridan relatinc to the Eqlewood Golf Course, and the City al Sheridan may enforce all such duties and requirementa u authorized by law. 7. This Ap-eement shall terminate at any time the City al Sheridan shall andertake any effort or shall impale an:, other additional ohliptioa OD the part al the C-ity al Bqlewood to pay an:, PftrnmeDtal cbarp. tu or fee. Sbaridan may enact any cbanpt it dasirN; however, if a:, odlar' chanp ia app.u,;d by the City at Sheridan this A,rwwlt. at the option at the City '1/ lapwood. may be terminated. 8. This~ shall be biadiq 1IPlll IIDd man tD the bell.at attbe puti• unto, their IIICCIUOft -· aaipa. ID W"ttneu, the City '11 J:ncle,;ood-.and the City '11 Sbmdan ban camed t:bia .ApNment to be UKl1ted by their l'ell*tift_ offlcia1a ad attelted to OD the date mbeequently listed. 4 . ' • 0 1 32 x l • ', ]- • • '· CITY or SBDIDAN, ATl'BST: €jef:t~ .. t" • ' - - • • • · ... • , 10149 Soadl Spaalll Owl,..,.. J:DpJ 1 ir.cb. Qllomdo I0126 Ma, "ZT. 1997 <. Tllell raMet11rm11J.Blal *"°'·City~ U bas of ........... Cil7 Cwll MOOS. Elli 1119M Eapwzooll 0--ICU 10 n.. Mr. Bama • ll awn ofea.al; .. 1'1la* ,_ tir• aw ·,,to ......... Fse' ood a... O.-ad Pmad C . 'm Itiawidl ..... •1-r"S. lafiW k m••C I ha•l .,.WDIDdy _..OUl~ ..... aooiL ._ .... todlllC I . llu-11111+1111••p. J •• ,._. a: Clla.0.-....... C I I • , ' ~ ' ' .,. sa .. . . May 27, 1997 The Honorable Thomas J. Burns, Mayor Members of the Englewood City Council 3400 South Elati Street Englewood, Colorado 80110 • . " • Dear Mayor Burns and City Council Members: .. 4 I find that, due to demands on my time, I nwst resign my position on the City Planning and Zoning Commission. The Commission bas been, and will commae to be, involved in some very time-consuming projects, and it is difficult to conduct business when members have conflicting needs. I have enjoyed my mcmbcnbip on die Commission, and found die tub before die Commission to be of great maat and cballcn&e· Thank you for die opportunity to serve, and wbm time COlllll'aim allow, I may seek new appoinlmcm to the Planning Commission or aaodlcr board. RobcnMason 4510 South Huron Street Englewood, CO 80ll0 •. ' ', Sb .. ., • I Ami Nlbllolz 2990 So. Delnlrc Sbeet Eapwoocl, ColondD 80110 Ju.10, 1997 TIie HDDanble n.-I. Bums Mayar, Cay afEnpwood . ' .. Malbal af die Eapwood City CCIIIIICil 3400 So. Ellli Sllect Eapwoad. ColondD 80110 o.r Ma,or Bums ad Members af Coacil: • • • 1blllk :,Oil tilr die ..... lliiiity ID ~ m¥ed a Va-C:Jiair ad Clair af die Eapwood Clan Orem, ad Pruud Coil D. p;nn DIie 10 my leceal EJec1ian ID 1111W a CCIIIIICil Member ID repnllllll DilUicl 1, I llel it is a cantlic:t af iW ID sit. Clair af die C N!MiMi D ... allo an Elecled Ollk:ill. It is witla deep repel tbll I IID raipilla ftlllNl die Eapwood Olln Green, ad PnlDd Co nmillion 'Ibis is a very valmble Coinminton tbll wb very lrml ID belp IDlllz Eapwoocl die bell it can be. 'Ibis ii ddbNilcly DOI a conmriMioe lbll a ;a. 111111a QOClkiel ..a oaly cleall in tllllll" I wilb die Clean Olem. ..a Plaml Cemi,;,,, die wry a. in all af lair flllllle pnijecll. I will na,t lll(lplllt die cc:-•· •·•• aa:ll ...._d!Wa •afper..a tia ..aenera, fardleOly'slalll. KiadRcpdl. ~~ cc: Cay c-:i1 C.. Green, ad Plaml CC•llillillv-m. -~--~ Sc ' . • l • • • ·, • COUNCIL COMMUNICATION Data Agenda Item Subject June 16, 1997 10 a i Increase in Liquor License Fees INITIATED BY STAFF SOURCE City Clerk's office/Liquor Licensing Authority Frank Gryglewicz, Director of Financial Services Brenda Castle, Deputy City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council amended §5-38 Englewood Municipal Code 1985 with Ordinances 19 of 1987 and 59 of 1994 . RECOMMENDED ACTION House Bill 97-1076 becomes effective July 1, 1997. This bill amends the Colorado Liquor Code by, among other things, increasing, and in some cases decreasing, fees for liquor licensing. The separate fee for extended hours has been eliminated . §5-38-5 Englewood Municipal Code 1985 specifically addresses several of these fees, four of which can be changed under the new statutes. In keeping with past pradice, staff and the Liquor Licensing Authority recommend setting these fees in accordance with the State allowed maximum . Additionally, the new statutes have eliminated the temporary license process formel1y used for licensees who forget to renew their licenses. In its place, the statutes allow the licensee to submit the normal renewal papers up to ninety days after the expiration of the license, and pay fees of $500.00 to the City and $500.00 to the State for the late filing . This is in addition to their regular license fees. The proposed ordinance includes this $500 .00 fee and adds an explanatory paragraph to §5-3A-7. FINANCIAL IMPACT The financial impad is anticipated to be minimal. In 1996, the City received only three applications for New Licenses, three applications for Transfer of Ownership, and no applications for Change of Location . At the new rate, this would have amounted to an additional $900.00. Changes of Corporate Strudure can no longer be assessed a flat fee of $250 .00 per application. II is to be looked upon as a background investigation fee, which can be charged at a rate of up to S100 .00 per new person . Additionally, this fee can not be charged by the municipality if the background check is being conduded by the Stale for the purpose of a Master File. These new rules will result in a decrease in revenue in this area, although It will also be minimal. Comparing the old fee strudure with the new, the year 11Kl8, for example, would have netted out with approxi mately $850 .00 less for Changes of Corporate Strudure with the new fee. Additionally, in 1996, there were no licensees who failed to renew before expiration . UST OF ATTACHMENTS §12-47-505 (4) and (5), and §12-47-302 (2). of House Bill 97-1078 Proposed Bill for an Ordinance ' .. I· , • • ,.. • · ... • .. ------ 12-47-505 (4)(a) [Formerly 12-47-135(3)) EACH APPLICATION FOR A LICENSE PROVIDED FOR IN THIS ARTICLE AND ARTICLE 46 OF THIS TITLE FILED WITH A LOCAL LICENSING AUTHORITY SHALL BE ACCOMPANIED BY AN APPLICATION FEE IN AN AMOUNT DETERMINED BY THE LOCAL LICENSING AUTHORITY TO COVER ACTUAL AND NECESSARY EXPENSES SUBJECT TO THE FOLLOWING LIMITATIONS: (I) FOR A NEW LICENSE, NOT TO EXCEED FIVE HUNDRED DOLLARS; (II) FOR A TRANSFER OF LOCATION OR OWNERSHIP, NOT TO EXCEED FIVE HUNDRED DOLLARS EACH; (Ill) FOR A RENEWAL OF LICENSE, NOT TO EXCEED FIFTY DOLLARS; EXCEPT THAT AN EXPIRED LICENSE RENEWAL FEE SHALL NOT EXCEED FIVE HUNDRED DOLLARS ; (b) NO FEES OR CHARGES OF ANY KIND, EXCEPT AS PROVIDED IN THIS ARTICLE OR ARTICLE 46 OF THIS TITLE, MAY BE CHARGED BY THE LOCAL LICENSING AUTHORITY TO THE LICENSE HOLDER OR APPLICANT FOR THE PURPOSES OF GRANTING OR RENEWING A LICENSE OR TRANSFERRING OWNERSHIP OR LOCATION OF A LICENSE . (5) THE LOCAL LICENSING AUTHORITY MAY CHARGE CORPORATE APPLICANTS AND LIMITED LIABILITY COMPANIES UP TO ONE HUNDRED DOLLARS FOR THE COST OF EACH FINGERPRINT ANALYSIS AND BACKGROUND INVESTIGATION UNDERTAKEN TO QUALIFY NEW OFFICERS, DIRECTORS, STOCKHOLDERS OR MEMBERS PURSUANT TO THE REQUIREMENTS OF SECTION 12-47-307 (1) (a); HOWEVER, NO LOCAL LICENSING AUTHORITY SHALL COLLECT SUCH A FEE IF THE APPLICANT HAS ALREADY UNDERGONE A BACKGROUND INVESTIGATION BY ANO PAID A FEE TO THE STATE LICENSING AUTHORITY. . ' • .. . ... • 0 '32xl • • • • (. 12-47-302 (2) (a) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (1) OF THIS SECTION, A LICENSEE WHOSE LICENSE HAS BEEN EXPIRED FOR NOT MORE THAN NINETY DAYS MAY FILE A LATE RENEWAL APPLICATION UPON THE PAYMENT OF A NONREFUNDABLE LATE APPLICATION FEE OF FIVE HUNDRED DOLLARS EACH TO THE STATE AND LOCAL LICENSING AUTHORmES. A LICENSEE WHO FILES A LATE RENEWAL APPLICATION AND PAYS THE REQUISITE FEES MAY CONTINUE TO OPERATE UNTIL BOTH STATE ANO LOCAL LICENSING AUTHORmES HAVE TAKEN FINAL ACTION TO APPROVE OR DENY SUCH LICENSEE'S LATE RENEWAL APPLICATION. (b) NO STATE OR LOCAL LICENSING AUTHORITY SHALL ACCEPT A LATE RENEWAL APPLICATION MORE THAN NINETY DAYS AFTER THE EXPIRATION OF LICENSEE'S PERMANENT ANNUAL LICENSE. ANY LICENSEE WHOSE PERMANENT ANNUAL LICENSE HAS BEEN EXPIRED FOR MORE THAN NINETY DAYS MUST APPLY FOR A NEW LICENSE PURSUANT TO SECTION 12-47-311 AND SHALL NOT SELL OR POSSESS FOR SALE ANY ALCOHOL BEVERAGE UNTIL ALL REQUIRED LICENSES HAVE BEEN OBTAINED. ' . . ' .. .,i • • 0 1 32xl • ORDINANCE NO . _ SERIES OF 1997 • • • ' BY AUTHORITY ABILLl'Oll ,~ AN ORDINANCE AMENDING TITLE 5, CHAPTER 3A, SECTION 7, WITH THE ADDmON OF A NEW SUBSECTION D, PERTAINING TO LIQUOR LICENSE RENEWAL OF EXPIRED LICENSES; AND TITLE 5, CHAPI'ER 38, SECTION 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AN INCREASE IN LIQUOR LICENSE FEES FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Council of the City of Englewood, Colorado previously amended Title 5, Chapter 38, of the Englewood Municipal Code by approving the J>llllll&ge of Ordinance No. 19, Series of 1987 and Ordinance No. 59, Series of 1994; and WHEREAS, with the passage ofHouae Bill 97-1076 by the Colorado State Legislature which amends the Colorado Liquor Code , pertaining to E .M.C . 5-3B-5, by increaaing liquor license fees ; and WHEREAS, Colorado State Houae Bill 97-1076 becomes etl'ec:tive July 1, 1997; and WHEREAS, with the paaaage of this Ordinance the City of Englewood will be in compliance with House Bill 97-1076; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sect;jgp 1. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 3A, Section 7, of the Englewood Municipal Code 1985, with the addition oC a new Subaec:tion D, entitled Renewal of Expired License, which shall read aa follows: D. RENEWAL OF EXPIRED LICENSE: 1. A LICENSEE WHOSE LICENSE HAS EXPIRED FOR NOT MORE THAN NINETY DAYS MAY FILE A LATE RENEWAL APPLICATION UPON THE PAYMENT OF A NONREFUNDABLE LATE APPLICATION FEE OF FIVE HUNDRED DOLLARS ($600.00) EACH TO THE STATE AND THE CITY OF ENGLEWOOD. A LICENSEE WHO FILES A LATE RENEWAL APPLICATION AND PAYS THE REQUISITE FEES MAY CONTINUE TO OPERATE UNTIL BOTH THE STATE AND THE CITY OF ENGLEWOOD HAVE TAKEN FINAL ACTION TO APPROVE OR DENY THE LATE RENEWAL APPLICATION . ' • . ., • , • • • ·, • t. 2 . A LATE RENEWAL APPLICATION WILL NOT BE ACCEPTED MORE THAN NINETY (90) DAYS AFl'ER THE EXPIRATION OF A LICENSEE'S PERMANENT ANNUAi, LICENSE. IF MORE THAN NINETY (90) DAYS HAS ELAPSED SINCE THE EXPIRATION OF A PERMANENT ANNUAL LICENSE , THE LICENSEE MUST APPLY FOR A NEW LICENSE PURSUANT TO COLORADO REVISED STATUTES AND SHALL NOT SELL OR POSSESS FOR SALE ANY ALCOHOL BEVERAGE UNTIL ALL REQUIRED LICENSES HAVE BEEN OBTAINED . Sec;tjgn 2. The City Council of the City of Englewood, Colorado hereby amenda Title 5, Chapter 3B, Section 5, of the Englewood Municipal Code 1985, pertaining to an increue in liquor lic:enaing fees in the City which shall read as follows : 5-3B-5 : FEES: Application fees for licelllle8 shall be payable to the City as follows : A . New license ~ $600.00 B. Transfer of location of existing license 11&9:Q& $600.00 C . Tr8D8fer of ownership of existing license a&9:4I& $500.00 D . Change of corporate structure for existing licenae i&&.41& E . F . G. l. FOR EACH BACKGROUND INVESTIGATION CONDUCTED BY THE CITY FOR EACH NEW OFFICER, DIRECTOR, STOCKHOLDER, OR MEMBER OF A CORPORATION OR LIMITED LIABILITY COMPANY. $100.00 i. I . Exemptione to change of corporate structure BACKGROUND INVESTIGATION: ~ 1111 fee eheH lie ._,_. a . TIDS FEE SHALL NOT BE CHARGED FOR A NON- PROFIT ORGANIZATION . ..-'Ml• the ea1, aetiee t Ir a ia reme, al ef • alieer, ml'ee'Mr er ateellllal•er. Renewal of existing license Temporary permit pending transfer of ownership LATE FEE FOR RENEWAL APPLICATIONS FILED WITHIN NINETY DAYS AFTER THE EXPIRATION DATE . $ 50.00 $100.00 $600.00 Theae f-shall be in addition to any additional fees impoaed by the State . ' .. •· • • • • ... IntZ'Oduced, read in full, and paued on fint reading on the 16th day of June, 1997. Publiabed u a Bill for an Ordimnce CJD the 19th day d: June, 1997. Tbomu J. Burns, Mayor ATTEST : Loucriabia A. Ellia, City Clerk I, Low:riabia A. Ellia, City Clerk of the City of Enllewood, Colorado, hereby certify that the above and f'oreloing ia a true copy of a Bill for an Ordinance, intZ'Oducecl, rud in full, and pauecl on fint reading CJD the 18th day af June, 1997. Loucriabia A. Ellia '' .. • 0 '32x l • • . ' • COUNCIL COMMUNICATION Date Agendaltem Sublect Federal Gang Resistance 10 a ii Education and Training June 16, 1997 Program (GREAT) Grant Initiated By Safety Services 'I Staff Source Chris Olson, Deputy Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council Goal: Community Interaction Previous Action : Council has not taken any previous action on this issue. RECOMMENDED ACTION Staff seeks Council support for the attached bill for an ordinance accepting a grant in the amount of $10,000 from the Bureau of Alcohol, Tobacco, and Firearms, U.S. Treasury Department, to help fund the nationally accepted Gang Resistance Education and Training (GREAT) program in both public and private schools in the City of Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The DARE program has been successfully taught by Englewood police personnel to 7"' graders in both public and private Englewood schools for several years. Given the continual concern with the potential spread of gang-related problems in this area, it has been recommended to the Englewood Schools administration that the DARE program be supplanted wilh the GREAT program at the 7"' grade level. The Superintendent of Englewood Schools hu already signed off on this concept, and implementation will hopefully begin during the 1997-98 school year. FINANCIAL IMPACT Personnel costs formerly attributed to providing DARE at the 7"' grade level will be directed toward the GREAT program . The grant will cover a portion of personnel, training, and material costs. No matching funds are required to secure the grant. UST OF ATTACHMENTS Proposed bill for an ordinance -' . I -l ~; .. • ORDINANCE NO . _ SERIES OF 1997 • • • '· BY AUTHORITY ABILLPOB COUNCll. BILL NO. 1515 INTRODU~BY JX>UNCIL lffllJIBR ~IOA AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL, TOBACCO AND FIREARMS AND THE CITY OF ENGLEWOOD FOR THE IMPLEMENTATION AND CONTINUING OPERATION OF THE GANG PREVENTION TASK FORCE KNOWN AS GANG RESISTANCE EDUCATION AND TRAINING (G.R.E.A.T .) PROGRAM IN BOTH PUBLIC AND PRIVATE SCHOOLS IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the DARE Program hu been succeufully taught by Englewood Police penonnel to 7th graders in both public and private Englewood schools for several years; and WHEREAS, given the continual concern with the potential spread of gang- related problema in this, area, it baa been recommended to the Englewood Schools administration that the DARE Program be supplanted with the G.R.E.A.T. Program at the 7th grade level; and WHEREAS, with the puaage of this Ordinance there will establish a legal relationship between the Bureau of Alcohol, Tobacco and Fireanna (ATF) and the City of Englewood for the implementation and continuing operation of the gang prevention task force known u Gang Resistance Education And Training (G.R.E.A.T.) Program in the City; and WHEREAS, the Superintendent of En,lewood Scboola bu already Biped oft' on this concept and implementation will hope(wly becin duriD( the 1997-1998 acbool year; and WHEREAS, the Safety Services penonnel COlltl formerly attributed to providing DARE at the 7th grade level will be directed toward the G .R.E.A.T. Prop-am ; and WHEREAS, the G .R.E.A.T. grant will cover a portion ofpe..-nel, traininc and material c08t8 with no matching funda required to INICUNI the grant; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : 5@c;tign 1. The intergovernmental qreement between the United Stat. Department of the Treuury, Bureau of Alcobol , Tobacco and Finarma and the City of Englewood for the implementation and continuing operaaon of the PIii prevention task force known u Gang Reaiatance Education and Trainin, (O .R.E .A.T .) Program in both public and private acboola in the City of Enp.wood, Colorado, a copy of which ia marbd u Emibit A and auacbed bento, ia berebJ approved by Englewood City Council . • 1- • , • er------~--------::------..,......,,....--- • • IDtracl-.1, read in full, and paued on first readinr OD tbe ledt day of J-, 1197 . Plablillbed u a Bill for an Ordinance on the 19th day of Jane, 1197 . 'lbomaa J. Buru, lla:,or ATTEST : Louc:riabia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clerk of the City ofEapewood. Colorado, hereby certify that the above and foregoing is a true copy rA a Bill for an OrdinaDce, introduced, read in full, and paued on first readin, on tbe 16th day of June, 1997. Louc:riabia A. E1lia -2- • .. • • -~-----------~----------=-... --- • 1. PURPOSE • <. DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL. TOBACCO ANO FIREARMS COOPERATIVE AGREEMENT NO. 97288204 BETWEEN CITY OF ENGLEWOOD, COLORADO and BUREAU OF ALCOHOL, TOBACCO AND FIREARMS The putp0se of this Cooperative Agreement (Agreement} is to establish a legal relationship between the Bureau of Alcohol, Tobacco and Firearms (A TF) and the Englewood Police Department, City of Englewood, CO (LOCAL GOVER.NMENl). This Agreement sets forth the responsibilities for the implementing and continuina operation of the gang prevention task force known u Gang Resistance Education And Training (G .R.E.A.T .) in the city of Englewood, CO . All terms and conditions herein are binding upon execution of the Agreement by both parties. 2. PERIOD OF PERFORMANCE This Agreement is limited to the continued operation of the G.R.E.A.T. Program. The period of performance begins when the Cooperative Agreement is signed by the Cooperative Agreement Officer (CAO) and ends June JO, 1998. 3. SCOPE OF WORK In the Treasury, Postal Service and Gcncra1 Government Appropriation Bill of 199S, ATF wu directed to continue operation of the G.R.E.AT. Program, which wu originally started as PROJECT OUTREACH in the fiscal year 1992 appropriation. • X H I • I T A .. • • 1 0 'J2xl • • • COOPERATIVE AGREEMENT NO. 97288204 G.R.E.A.T. is a taskfon:e which will utilize the skills of ATF, State and local law enforcement personnel, as well as individuals from community and civic groups, to develop a program that will educate youth about the dangers associated with joining street gangs. G.R.E.A T. consists of three major phases: Phase I Phase n Pbaselli School-Based Educalion Summer Educalioa/R.ecron Parent Involvement 4. COOPERATIVE AGREEMENT PLAN During the effective period of this Agreement, the Phase I outlined in the Scope of Work will be accomplished as follows: A. RESPONSIBILITIES OF ENGLEWOOD, COLORADO The City of Englewood, CO, duoup the Englewood Police Deplnmcnl. will participate in the G.R.E.A. T. program last force as specified below: 1. The LOCAL GOVERNMENT sbal1 amnae with local area middle/junior hip schools, to scbedu1e 9 one-period claaes to inllruct a minimum of 3SO smdmls on the danaers of pap in accordance with the G.R.E.A. T. propam lesion plans. Classes will be taupt in an appropri8 educalian time sloe • determined by local school officials. Tbae classroom lesions me to be presented during the school year and any pan of the next school year of the cooperative apeemem period of performance. The lesaoas will be tallpt to seventh grade students within the EnaJcwood, co public school syslmL Under the terms of this cooperative aareemcm, A TF will not reimbune the LOCAL GOVERNMENT for any expenses incurred after June 30, 1991. 2 .. • I • • I• • COOPERATIVE AGREEMENT NO. 97288204 2. A TF is mandated by Congress to evaluate the G.R.E.A. T. program and a process and outcome analysis evaluation will be conducted during each fiscal year. The LOCAL GOVERNMENT agrees to permit cvaluaton designated by A TF to conduct G.R.E.A.T. related interViews, escablish focus groups of officers, school administraton, teachers, and students and administer relevant pre and post tests. A longitudinal study is also part of the evaluation process and access to student school files, disciplinary records, and related juvenile crime rcpons is oeccssary for a comprehensive evaluation. Therefore, the LOCAL GOVERNMENT must provide access to such records within the LOCAL GOVERNMENTs conttol but only to the extent permitted by law. 3. It is the responsibility of the LOCAL GOVERNMENT to plan, initiate and oversee the completion of the G.R.E.A. T. program; tp gnprc quarg;riy PJPIRSS n;gpns apd quarp;riy J"CP!nu for paYJJJCPh; to certify the accuracy of contractor and vendor billings; to ens1R the cost efficient and timely completion of the project; and to immediately notify A TF in writina of any issues or problems real or anticipated which might affect the succ:essful completion of the project within the time frame and cost ceilinp escablisbed in the Agreement. 8. RESPONSIBCLITIES OF A TF l. a. ATF has allocated, to Englewood, CO, $10,000 for the school based education component of the G.R.E.A.T . program. Allocated funds arc provided to reiJnbunc the LOCAL GOVERNMENTs cost incurred u follows : • • Officers' time (regular and overtime) and shall not exceed 709/e of total amount allocated under this Agreement. G.R.E.A.T. training expenses such. as instructional materials, workbooks, instructor fees , and guest speakers fees . 3 • •· 0 1 a2xl • • • • • b. c. • .,--------~------------------ • • COOPERATIVE AGREEMENT NO. 97288204 Expenses incurred in connection with officers receiving G.R.E.A. T. officer training. This includes transportation, lodging and per diem in accordance with Fcdc:ral Government Travel regulations. Officers time (regular and ovatimc) will be paid during training. Printed materials such as student handbooks, culmination certificates, awards . Vehicle expense at Federal Government per diem rates and/or the rental of vehicles requin=d for the G.R.E.A. T. program. Administrative expenses such as overhead, gcnen1 office supplies and office space leases during the term of this Agreement. Expenses for G.R.E.A T. promotional material such as pamphlets, bumper stickers, bats, T-shirts, buttons. pens and pencils. Reimbunemcms will be made only when provided a complemd SF-270, Request for Advance or Reimbunement form. in acc:ordance with the terms of this Agreement. Capital expenses such II compula'S, office equipment, and elec1nJaic mt video equipment may be reimbuned after prior approval from the Govemmcm Technical R.epeamtive (GTR.). Request for capital expenditures must be submitted in writina to the GTR.. Request shall include the item(s) to be purcbaed. the IIDOUlll of item(s). mt a justification as to why such an expenditure is required and it's dinct n:lalion to the G.R.E.A. T. propam. Capital expenditures shall not exceed 20% of tocal amount aUoaad under tbis Agreement • < .,.; • 0 1 32xl • • • . . COOPERATIVE AGREEMENT NO. 97288204 LOCAL GOVERNMENT must receiw wrium approval fiom the GTR prior to the purc:basc and/or reimbmr.mmt for capi1al expenditures. Capital expenditmes not approved by GTR. will remain the expense of the LOCAL GOVERNMENT. 2. It is the n:sponsibility of the GTR. or bis/her desipee to monitor the project underway; to review and certify inlerim and fiaal payment requeslS suhmiued by the recipient; to ensure dial the Aarecmem funding ceilings are not exceeded; and to provide A TF wi1b wrium reconuncndations on any proposed changes or modifications to tbis Apeeman. C . PHASES n and m OF G.R.E.AT. Funds allocated to the LOCAL GOVERNMENT under this Apeeme:nt may also be used for Pbues II and ill of the G.R.E.A. T. prr,aram. • the discretion of the LOCAL GOVERNMENT. The exrmt dlll time pbaes will be accomplished sbaU be detmnined by the LOCAL GOVERNMENT. Implementation of Pbaes II 111d m must be in acc:ordmce wi1b the foUowiaa pidclines: The LOCAL GOVERNMENT will coordiw summer echrarion'recnllli acuvities set at community centers and/or odaer sites selecled by the police~ The ech!C81ioaal/m:rcational activities will be in support of Plmc I oftbis Apeemeat. Additionally, the LOCAL GOVERNMENT will 111mnpt to match available cxi1tiaa community proarams and resources with G.R.E.A. T. Sllldems and paduala. 5 .. • • • • 0 • COOPERATIVE AGREEMENT NO. 97288204 Pbasem The LOCAL GOVERNMENT will endeavor to institute an education program for parents of young people involved in gangs and/or at risk of joining gangs, and for parents of other Phase I participants. D. IBIRD/FOURTH GRADE SCHOOL BASED EDUCATION PROGRAM In addition to the G.R.E.A.T. middle/junior high school component, the LOCAL GOVERNMENT may elect to teach the third/fourth grade G.R.E.A.T. component. The LOCAL GOVERNMENT shall arrange with local area elementary schools, to schedule 4 one-period sessions to instruct third and fourth grade students on the dangers of gangs in accordance with the G.R.E.A. T. program lesson plans. Classes will be taught in an appropriate education time slot as determined by local school officials . These classroom lessons arc to be presented during the school year and any pan of the next school year of the coopcrarive agrccmcnt period of performance. The lessons will be taupt to third and fourth grade students within the Englewood, CO public school system. Under the terms of this cooperative agreement, A TF will not reimburse the LOCAL GOVERNMENT for any expenses incurred after June 30, 1998. 5. OPTIONAL PERIODS OF PERFORMANCE • a. The term of any cooperative agreement awarded to the LOCAL GOVERNMENT will · have a pcrfonnancc period effective from the date agrccmcnt is sipd by the CAO through June 30, 1998. The Government reserves the right to extend the term of the agreement additional years as shown below: Option Y car 1 : July 1, 1998 through June 30, 1999 Option Year 2: July 1, 1999 through June 30, 2000 Option Year 3: July 1, 2000 through June 30, 2001 Option Year 4: July 1, 2001 through June 30, 2002 b. Should Congress appropriate funds and A TF decide to exercise an option period, the LOCAL GOVERNMENT will receive a written notice from ATF swing our intent to exercise the option sixty days prior to the agreement's expiration dare. 6 ..... ·~ •· • • • t~ - COOPERATIVE AGREEMENT NO. 97288204 c. When funds become available, and A TF bas decided to exercise an option period, die LOCAL GOVERNMENT will receive a modification to this Agreement, advising that funds are available and the amount allocated to die LOCAL GOVERNMENT by A TF for that option year. 6. FUNDING, PAYMENT AND SUBMISSION OF INVOICES a. A TF will obligate and reserve the total amount of funds established under this agreemenL Requests for reimbursement for work completed will be made by the LOCAL GOVERNMENT on a SF-270, Request for Advance or Reimbursement, to the GTR for review and certification. Payments will only be issued to the LOCAL GOVERNMENT, rather than vendors or contractors. A TF will not provide Federal funding in excess of die amount specified for each year the agreement is in effect in Englewood, CO. The LOCAL GOVERNMENT accepts responsibility for all costs associated with the G.R.E.A. T. program which exceed the level offederal funding provided by ATF. b. The LOCAL GOVERNMENT shall submit an oriaim1 and two copies of all reimbursement forms. Reimbursements shall be submitted u follows: Original and one copy of the SF-270, Request for Advance or Reimbur9emcnt form, to Financial Management Division (FMD). FMD's address is as follows: Bureau of Alcohol. Tobacco and Firearms Financial Management Division P.O. Box S107l Washington, DC 20091-1071 One copy of the SF-270 form, along with receipu/invoices suppon:ina reimbunemenl request to the GTR. Request for travel reimbuncmenls must include the TRAVEL REIMBURSEMENT FORM (Attachment II). The GTR's address is u follows: Bureau of Alcohol, Tobacco and Firearms ATTN: Peter Memiyi P.O. Box S0418 Wubington, DC 20091-0418 7 ...... •. .. •· • • . , . • f, COOPERATIVE AGREEMENT NO. 97288204 c. The LOCAL GOVERNMENT also agrees to provide A TF with whatever payment information is necessary to transfer funds ( electronic payment information, bank account numbers, etc.) to the LOCAL GOVERNMENT . c.l. The Debt Collection Improvement Act of 1996, Interim rule 31 Code of Federal Regulations pan 208, effective July 26, 1996, mandates that Federal payments under this cooperative agreement will be made by: (a) Direct Deposit through the ATF's Electronic Certification System, (b) Exception: Department of the Treasury chec:k(s) will be issued ONLY when the recipient certifies that the recipient does not have an account at a finaocial institution or authoru.ed payment agent. c.2. The following applies only to Direct Deposit payments. The cooperative agreement recipient shall forward a completed SF-3881, ACH Vendor/Miscellaneous Payment Enrollment Form (attached), to Bureau of Alcohol , Tobacco and Firearms, Financial Management Division, P.O. Box 51071, Washington, DC 20091-1071 , submit by fax to (202) 927-8622 or return with this signed modification. (a) The Agency Information is preprinted to issue payment from ATF . (b) The Payee/Company Information is to be completed by the Payee. The Taxpayer Identification Number (TIN) must be provided. The TIN is the Employer Identification Number. Notice of each Direct Deposit will be forwarded to the address listed. c.3. The Financial Institution Information should be completed by the Payee's Financial Institution. (a) All payments will be made to chcckin& or savinp accounts. not lockboxes. (b) The Financial Institution's must list their gig; digit American 8anbrs Association (ABA) identifyina number. This number is med for the routing of direct deposited funds. (Pnmde dlil ......... oaly If die ncemas naeariel ialdtadoa .... accw to .. , ...... a.... Coaaaaicadom Syatna). 8 •· • • . , . • '· COOPERATIVE AGREEMENT NO . 97288204 (c) If the receiving financial institution does not have access to the Fedenl Reserve Communications System. provide the name oftbc correspondent financial institution through which the receiving financial institution receives electronic funds transfer messages. c.4 . Any changes to information provided under paragraph b. shall be fumisbcd to ATF at the address in paragraph b., in writing at least 30 days before the effective dale of the change. It is the cooperative agreement recipient's responsibility to furnish these changes promptly to avoid payments to erroneous addresses or bank accounu. c.5. All documents furnishing payee information fiom the coopcnrive agreement recipient must be dared and contain the signature, title, and tclepbone number of the cooperative agreement recipient official authorized to provide it, u well as the cooperative agreement recipient's name . c.6 The following TOLL-FREE telephone number, l-800-800-5558, is available for payment questions . This number is answered between 8:30am and 5:00pm (EST), Monday tbroup Friday. d. The LOCAL GOVERNMENT certifies, by sipina the SF-270 form, that all requem for reimbursement submitt.ed shall be supported by valid receipcs{mvoices which are in accordance with the project authorized in this ~ Copies of paid invoices shall be clearly marked with the appropriale cooperative apeement number to which they are charged and maintained in the agreement project file by the LOCAL GOVERNMENT . All such documentation shall be made available for review upon the request of A TF or any Federal audit agency. Funds specified and approved for G.R.E.A. T. shall not be transferred to another project or be used for any other purpose, unless authorized by a written modification to this agreement signed by the CAO or his dcsigncc. e. The LOCAL GOVERNMENT certifies that no request for payment will be submitt.ed for work , materials or services which have been previously funded from Federal funds or any other source . f . The LOCAL GOVERNMENT will maintain, in accordance with State laws and procedures for expendina and accounting for its own funds. such boob. records, documents and other evidence that will accurarcly document all COIII relaliaa to this 9 ..... •· • 0 '32 x l • • • , . • COOPERATIVE AGREEMENT NO. 97288204 agreement. This documentation must be kept for a period of at least three years following the end of the agreement's period of performance and final paymcnL All such documents will be subject to periodic on-site review as deaned nccessmy by A TF and any Federal audit agencies. Including any Contractor hired by the Federal government to perform audit services. 7. INSPECTION/ ACCEPTANCE Inspection and acceptance of all supplies and services under this agieement shall be accomplished by A TF's GTR or his dcsignce. 8. MODIFICATIONS A request for modifications, deletions or additions to the agreement may be made by the LOCAL GOVERNMENT by submitting a formal written request to the CAA or his designee. All changes to this agreement must be in writina and signed by the CAO. A TF reserves the right to make modifications, deletions or additions to the agreement at any time. Modifications that change any sat of the apeement, must be made by mutual agreement of both parties. Wbcrc modifications are mandated by law or Olber requilemcnts over which A TF bas no discretion or control, the LOCAL GOVERNMENT aarees to accept the necessary modifications whenever possible. lfhowew:r, the LOCAL GOVERNMENT cannot accept the cbanps, this agreement will be tenniM!ed Failure to apee to such modifications is not a dispule within the meaning of the Disputes clause of this asreement- 9. ASSURANCES This cooperative agreement provides for Federal participation in an education and public awareness prolJ'llll to warn youth about the disadvantaps of pnp. A local aovanmem reccivina Federal funds under this apeemcnt, is requin:d to assure and certify that it will, u a condition of receivina the funds, comply with applicable Federal laws and reauJatic,111 aovemiq arum and cooperative apeemcnts. By acc:epcance of this apeement the LOCAL GOVERNMENT assures and certifies that it will comply with the replalions in 10 .. • 0 1 32xl • • 0 I• - COOPERATIVE AGREEMENT NO. 97288204 Attachment I of this agreement, as well as other listed regulations, policies, guidelines, and requirements including 0MB Circulars A-87 Cost Principles for State, Local and Indian Tribal Governments, A-102 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, and A-128 Audits of State and Local Governments, as they relate to participation in the G.R.E.A.T. program. In this agreement, the term "Contractor" used in Attachment I clauses and provisions, refers to the "LOCAL GOVERNMENT." 10. PUBLICATIONS AND NEWS RELEASES (a) Definition. For the purpose of this clause, "publication" includes: (1) Any docwnent containing information for public consumption; or, (2) The act of, or any act which may result in, disclosing information to the public. (b) The results of this program are planned to be made l\railable to the public through dedication, assignment by A TF or such other means a the Director of A TF shall determine. (c) Federal Govemmem Ownership of Official Produds of Work. All interim and final repons 111d infonmlioa. cm& maly,es. lpeCial memodology, findings, and their relalcd documems and worit produas. includias ..-,s. work sheets, survey instruments. computer tapes. and any other physical ID*riall and products produced directly under the statement of worit !Cl fonh in dlis 41eanea1 arc coasidered Official Products of Work. owned by the Federal aowmmmt 111d bcJd for the benefit of the public. ( d) Publication of Official Products of Work Official Products of Work, quotations there from. paraphrasina, or disclosures of interim findings may not be published without the approval of the GTR for a period 60 days after accepwice of the product by the GTR. Thereafter. the LOCAL GOVERNMENT shall be free to publish without A TF approval . ( e) Acknowledgment and Disclaimer All Official Products of Work. or any pan thereof, and any Independent Products and Special Products arising out of this instrument, when published by the Local Government or other participants in the work. shall contain the following acknowledgement and disclaimer: ll ..... •. .. •· 0 '32xl • • • t• • COOPERATIVE AGREEMENT NO . 97288204 "The work that provided the basis for this publication was supported by funding under a cooperative agreement with the Bureau of Alcohol, Tobacco and Firearms. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and intcrpreWions contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government." (f) Notice ofNews Release and Public Announcements Two copies of all press releases. formal announcements, and other planned, written is,;-.wices containing news or information concerning this cooperative agreement that may be made by the LOCAL GOVERNMENT or its staff, or any subcontractor or other person or organiz.ation participating in the work of this cooperative agreement shall be provided to the GTR at the earliest possible time. News releases and other public announcements may not disclose any interim finding or quote or paraphrase any part of any Official Product of Work without complying with paragraph (e) above. 11. COLLECTION OF DATA Collection of information from ten or more persons and sponsored by A TF, shall be subject to 5 CFR 1320. A collection of informmion undertaken by a recipient of a Federal grant/cooperative agreement is considered to be sponsored by A TF only under the following conditions: a. The recipient of a grant/cooperative agreement is collecting information at the specific request of the agency; or b. The terms and conditions of the grant/cooperative agreement require specific approval by the agency of the collection of information or the collection proc:cdun:s. 12. DlSPUTES All questions of interpretation of any or all parts of this agreement shall be first addressed and resolved by negotiation between the representative(s) of the LOCAL GOVERNMENT and the CAA and GTR. Any disputes not resolved will be referred to the CAO and Chief Executive Officer of the LOCAL GOVERNMENT . The CAO will be the final deciding official in all disputes concerning this agreement. unless otherwise disposed of in a court of law . 12 ..... •. .. •· • • • I• ·, • COOPERATIVE AGREEMENT NO . 97288204 13 . STOP WORK a. The CAO or his designee may issue, and the LOCAL GOVERNMENT will accept, a written order to bold or Stop Work on the G.R.E.A. T. program funded under this agreement for a period of up to 30 days. Such orders will be issued only for sufficient cause, such as reason to believe work is being performed outside of the terms of the agreement, for financial improprieties found during a monitoring inspection or voucher and records review, or a change in relevant laws or regulations. b. A Stop Work order may be continued, canceled or reissued as an order of termination. c. The LOCAL GOVERNMENT is responsible for any costs incurred after the issuance of a Stop Work Order unless such work. material, equipment or services were purchased prior to the issuance of the Stop Work Order and delivery cannot be cancelled. 14 . TERMINATION a. This agreement may be tcnninated in-full or in-part by the LOCAL GOVERNMENT at anytime prior to the completion of project listed in the agreement provided that all Federal funds received for the project by the LOCAL GOVERNMENT are refunded in full to A TF. All termination notices shall be made in writing by the LOCAL GOVERNMENT to the CAO . b. This agreement may be tcnninated by A TF at anytime prior to the completion of the project listed in the agreemenL Such terminations may be the result of the failure of the recipient to start or complete the project in accordance with the qRClllCllt or for a violation oftbe agreemenL All termination notices shall be made in writing by the CAO to the recipienL c. This agreement shall not be terminated by either party after the completion of the project and the issuance of final payment by A TF unless by mutual agreement. 15. BREACH OF AGREEMENT a. In the event full services are not provided by the LOCAL GOVERNMENT, unless as a result of fire , riot, act of God or other emerpncy acceptable to the CAO , the LOCAL GOVERNMENT will reimburse ATF for all funding provided by the agrcemenL b. The provisions of the paraarapb 1 Sa above will be exercised by A TF only after violation(s) of the provisions for G.R.E.A. T. bas been established, and aqotiations between A TF and recipient have not resulted in a mutually acc:cpcable resolution. A written notice of Breach of Aareement must be issued by the CAO . 13 .... ... .: •· • • • • ' COOPERATIVE AGREEMENT NO. 97288204 16. REPORTS a. The LOCAL GOVERNMENT shall submit to the GTR a q,arterly report within 10 days of the close of each calendar quarter. This report shall dacn"be the proplllllDltic and 6aaaci•l SlalUS of the project. The GTR shall be adviled of any significant programmatic or 6macial adjUSllllelltSimodificatioas. A progress report format is provided in AU¥hmcnt ID. b. A 6nal coopcrllive apemcm report shall be submitted by the recipient at the completion of the project. This 6ml report will COlllain the elm of completion, 6nal costs. and a statrnient that the c.oopeaatiw apeemcnt is completed. c. Fail1n to submit qmnerly propess reportS or the 6nal coopaativc agreement repon may be interpreted u non-compliance with this agreement. 17 . GOVERNMENT REPRESENTATIVES a. The CooperatiJ'c AgRemcnt Officer (CAO) is John Kriepr on (202) 927-8820. Mr. Krieger is localed at 650 Massacblmas Avenue, NW, Room 3290, Washington. DC 20226. b. The Coopcnlivc Apeemcnt Administrat.or (CAA) is Charles J. Conrad on (202) 927-8686. Mr. Conrad is localed at 650 Mnsacbuscns Avenue, NW, Room 3290, Wubinp>a. DC 20226. c. The Govemmcnt Tecbnic:al Rcpresamive (GTR) is P-=r Maeayi oa 1-800-726- 7070. Mr. Mcrenyi's address is P.O. Box S0411, Ww,ilftl'DII. DC 20091-0418. 14 • . ~ • • - COOPERATIVE AGREEMENT NO. 97288204 18. LIMITATION OF TECHNICAL DIRECTION FROM THE GTR. a. Performance of work under this agn:cmcnt shall be subject to the technical direction of the GTR. identified in paragraph 17 .c of this agrccman. or a designl!cd 1ep1ese:utative. The term "technical direction" is defined to include, without limitation, direction to the LOCAL GOVERNMENT which directs or rcdircc:ts the labor effort, shifts the work between work areas or locations, fills in details and Olbcrwise 9Cl'VCS to ensure that the tasks outlined in the agreement arc accomplished in a satisfactory manner. b. Technical direction must be within the scope of the agrccmcnt. The GTR. docs not have the authority to, and may not, issue any technical direction which: 1. Constitutes a change of assignment or additional work outside the scope of work of the agreement; 2. Constitutes a change in the agreement that requires a modification as specified in Section 8 "Modifications." 3. In any manner cause an increase or dec:rcase in the agreement price, or the time required for agreement performance. 4 . Changes any of the terms, conditions or scope of work of the apecment; or 5. Interferes with the LOCAL GOVERNMENT's right to perform under the terms and conditions of the aarccmcnt- c. Technical dircc:tions may be oral or in writina, by GTR. or a desipee. Oral directions shall be confirmed in writiaa within two \\'Omni days of issuance. d. The LOCAL GOVERNMENT shall proceed promptly with the performmce rcsultina from technical directions issued by the GTR, or bis desipee. If in the opinion of the LOCAL GOVERNMENT, any iDllrUCtion or direclion of the GTR, or bis desipee, falls within the purview defined in pa'IIP'apb b. l. throup 5. above, the LOCAL GOVERNMENT shall immrdiMefy notify die CAO• the beaimin11 of the next Government work day. e. Failure of the LOCAL GOVERNMENT and die CAO to agree that the technical dircc:tions arc within the scope of die apeement shall be subject to the terms of die claulc entitled Disputes in Scc:tion 12. ·' I· lS 0 • • • COOPERATIVE AGREEMENT NO. 97288204 19. COOPERATIVE AGREEMENT omCER'S AUTHORITY Tbc CAO is the only person autborimi to approve modifications in any of the requirements of this agreement. This authority remains solely with the CAO. In the event the LOCAL GOVERNMENT affects any modifications at the direction of any person other than the CAO, the modifications will be considered to have been made without authority and no adjUSlmmt will be made in the agreement price to cover any increae in COSIS incuned as a result thereof. Tbc CAO shall be the only individual autbormd to accept non-confinning work. waive any requirement of the agreement, and/or modify any tam or condition of the agreement. The CAO is the only individual who can legally obliS-the Government to expenditure of public funds. 20 . FORMS Tbc following standard forms, which are provided, must be completed and submitted with the agreement: • SF-3881 • SF-424 • SF-424A ACH Vendor/Miscellaneous Payment Emollmcnt Form Application for Federal Assistance Budget Information -Non-Construction Prop11111 (with instructions) Tbc followin& forms, which are provided, must be completed and submiaed with request for mmbunaaems: • SF-270 •AaacbmmtO Request for Advance or Reimbunement (make copies• medecl) Travel Rcimbunement Sheet (make copies • medecl) Tbc follwina form, which is provided, must be completed and submitted quarterly: • Aaw:bment ID Propas Report (make copies as needed} 16 . - • t ·~ .. • 0 f 32xl • . ... • LOCAL OOVERNMENTs sipabR ATF's COOPERATIVE AGREEMENT OmCEll's sipllUre 17 . ' . ' .. • 0 f 32xl • • • • • i' DEPARTMENT OF THE TREASURY BUREAU OF ALCOHOL , TOBACCO AND FIREARMS CITY OF ENGLEWOOD, COLORADO COOPERA 11VE AGREEMENT NO. 97288204 AMENDMENT ONE This amendment is issued to add the following provision to the agreement: 4.D. PREAGREEMENT COSTS A TF will reimburse up to S 1,000 incurred by the LOCAL GOVERNMENT prior to the effective date of this agreement, which are diRCtly related to the G.R.E.A T. prosram. These COSIS will be recognized to the same extent as if incurred after the effective apement performance period. Expenditures will be reimbursed in accordance with panaraph 4.8. l of the agreement. LOCAL GOVERNMENrs sipalUre A TFS COOPERATIVE AGREEMENT OFFICER's Date signature • I • . .. • 0 '32xl • • • - COOPERATIVE AGREEMENT NO . 97288204 ATTACHMENT I -1- a. It possesses lepl audlority to apply for the gr1111. mat a resolution. mocioa or similar aaioa bas bem duly adopted or pwed as an official act of the applicam' s ao-maa body awboriziDg tbe filing of the application, including all Ulldenlaadillp 11111 _._ COllllimd tbereiD, 111d directma 111d audlorizia& tbe person identified as the official 1ep.esewti.-e of tbe applicam ro act iD ._lion widl the applicalioa and to provide such additional infomwioo as may be required (SF-424 anacbal). b. It will comply widl Tllle VI oftbe Civil Ripll Ad of 1~ (P.L. 88-352) 111d iD accordance widl TIiie VI of dw Ad, 1111 penoa iD the Uair.ed Stael sball, oa tbe pOUDd of race, color, or ll&lioaal oripi. be excluded from panicipatioa in. be denied the beaefill of, or be otherwise subjected to dilcrimiuliaa Ullder my program or activily for wbich the appticam receiws Federal lilllDcial assimllce 111d will immectiwty take my -aecesary to eucure Ibis aarecmem. c. It will comply widl tbe provisions of the Halch Ad wbicb limiD tbe political activity of employees. d. It will establisll safepards to probibit employees from UliD& their positiom for a pmpo1e dial ii or pws tbe appeanace of beiD& IDDlivlred by a desire for privMe pill for themselves or otbers, panicularly dlllle dw baYe fmlily, busiDases or odler ties . e. It will giYe the sramor qeacy or the Compttollcr Gemnl dlnJap my audlorimd 1eprlllUIIMi.e acceu ro 111d the ript to eumiDe all .ecords, boob, papers, or donmms .e!ared to tbe pam. f. It will comply widl 21 CFR, Pan 66, AdmiDiltrllM Requin:mem for Grm ..S Coapentiwe ..... ID state 111d local Go.aw coaceniiq .equiremalll of law, prop-am .equiremml, 11111 odler admillistratiYe requi&emem . 1be .qulaticllll wen: publilbed ill Federal Rqiar al March 11 , 1911 (pages M>34-8069). 1· It will comply widl tbe audit provililxa of 0MB Circular A-121 (Sill&lc Audill al Sea 11111 Lacal aov.:m-s) 111d copies of each mm.al audit repon sball be submilled IO the apprapria copiza a,ency 111d the Deplnmem of Educalioa RqiDal1 Audit Office. 1be repans are IO COftr the period from illitial award of the cooperatM apeemem umil all tbe work llllbarized iD tbe apeemmt ii camplelld 11111 reimbunemem from A TF receiwd. b. It will emure dw the facilities lllldcr iu owaeubip, lew or wpeavilillD wbicb lbll1 be 1llilimS ia dlt accomplisbmem ofG.R.E.A.T. are lllll li..aoa dlt Elhiuwaral PnwliaD Atm:Y's (EPA) lilt al Violatina Facililies and mat it will lllllify the Federal p...-qm:y of dlt receipt of my : nn•eie Mhe from the Director of the EPA Office of Federal AaiYiliea iDdicalilla -a facilily ID be 1md ill die project ii Ullder comiderllioa for liltiDa by die EPA . i. It will comply widl tbe minimum wqe 111d muimam baun provililm of die Federal Fair Labor SWidards ACI . as Ibey apply to law enforc:emeal 11111 edw:arimel imtilutiaa employees of state 11111 local lovemmentl, .... • . .. • • 0 '32xl • • 0 t• - COOPERATIVE AGREEMENT NO. 97288204 ATTACHMENT I -2- j. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (DEVIATION -DEPARTMENT OF THE ntEASURY, NOV 1990) (JAN 1990) (a) llefimuonl . ·~. • u UNG m mas dame. meam caa:uave ap:acy II dcftald ill l.!01. •t:owrwJ FedffrJJ QfflOft. • II UICl1 lll mil ciaule. 11111111 any of die -----= (a) Tboawudiacol..., --· (b) Tbo 111m111 of any,,_.,.._ (cl Tbo-.,. of..,,,_ IGM. (d) Tbo-imoof...,_.. -(el T11o-.-.remwa1. -.. -.-.,...,------·"'--·,-,,,,,. ... ·-.._....... ... -iDlllil-. -- ---m-•olllll lndioaSaf-----Aa(25 U.S.C.450Blllld ___ _ • ,,,,,,_,,,., ... _ •• u,fl,,,,ttt .• ·-iDdus-. - 1111&1111. WIIII me ... to IIIAMar.e. -, omrn •• ID or ....- -• -0< _.,,..of-,-· a M-ofC-. a ofticaor_.,,.. ofC-. 0<M--rtl1-of ~ .. --..,---·t.oc:.,...,..... .......... dalllc. -·-at..,..._. ·-"""·"----... -.--..,·-lorllll~rtl, ____ ......,.._puelic_ .. ~----·-"'-··---.._..... .. ., ... _ litrof•--'....-. "Olflaro,....,,.. ., ___ . ·-·--· -- loiloooulc ---... _.,...by·-= (I} Aft UIIAivtdual waD 11 ....... 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COlllallllOII. ,...... --Of ........ ., I ____ ,,_111ar...-.. -- -c1..-y ... -.-... -rt1.., .... -·°'·-----.. for-- ...... I • • 0 '32 x l • ·, ...,...by«-tOlawua-fornamaadm--{2)""'1--IO&_. ___ _ or.....,_ of I pa1111 ,....._. or recem111 cower.-....._ - cw ID aaMlall. COlaMIIIOa, .-.&, --CW ......... ala ---·'•-•for,._•_ --dincdy ··--· -·-ot-,lliL ........ or......-ror .. -..-.. ror--...- r., or pwllllll lO law II a «IIIMIOa for ........ dlll ...... ....._ _____ _..,.."'·--.. ,._¥111111 COftl'ld F.dlr.a 1C111111 _.... ~ -Ualc -· {B)For-ol-C'l(ll(iil(A)oldlil-.~---· -11e 1imaldt0-al-,a dincdy "'"""., ...-.. -dilcaplia. 1111-.. ------··a11-... -... .-o1 .. ~or----ialllelaw.•t01iai&• -IO-..-. for.....-.llldilsolalopl --·loid•..._.by•la-,er•-· ~-----by __ ..... ,._ .. --...-,aa,. olapiom ol __ ......., •• -"'·-.. -· -· ---·--.., . ...-<-··-..,..,·· ........... ( ........... __, .. _ ........ ________ _,_dincdy....,.._ ~---------...-_ _, _ _, _____ _ "'·---'l'llalar__... -- ____ .., . ...,. ... _____ _ --llinaly ... _, -• • lopl-ollil ---·· ..._..i.._.u, __ ,._. ___ _ ______ ...,.;, _ _..,. ~---· ~----· __ .., __ _.... ........ _,__ .. 1Mpr111a111ac111or-of11lidor,......aae•...._......, IIIII IIIICUOa suame....., 11 ~ ..._.. lll'neaM • dinaly1ndll-.-·-"'·---· (Cl~ ..... .., .. _ •••• <Gllllioanior--.a _____ ....,...., law or repi,IDaa 1M-, Olla,...,_ m • lmlll __, -· (D)Ollly __ __,_..,_ C'l(lM1il(AMll-(2)ol .. -n,.__.__ (El111or--lllFAI UIDlll--_, __ .,_111 ___ _ IIPiaril' _..,....-.or_.,,.. al a-. (iu) Soll'"I ..... _"' ....---· Tho..-.. .. --.,_.,.,.. -·. -(bMl lol .. _. ___ io•-...--. ----by...-... .• "'·prow ........ ac:u•-... pnor ...... __ by ___ ... _flcally ____ ,,, .. -I Al~---(-----3 WI l2lo qoai<a ... cllanaenMxa of 1111 _.,,,_or-· COIIIIIIIOnl"' &111111 of s.uc, 11111 _,,a~: aM • 0 I • • COOPERATIVE AGREEMENT NO . 97288204 ATl'ACHMENT I -3- <BIT __ _, __ ._.,._ ..,._ .. ..._,"' __ .. _ .. _for_ ...-,:,·, .... <•>-· {l)TboC ___ or ____ a ---·---·--OMI --LLL.-.ol~-.if--llor -orllloa..-oo_., _____ ,_ _.,.__., ______ ... ,,__ .......... C'l(llot .. .-.;rpo1111or----. {2)1111C--ftlc•-form•lbo•ol ___ ia ___ .., __ _, ---·,---ia---__,_by ___ ........... (cXl)ofdlil-Aa--~---,,,--._.. --(i) A aau&llift _,_ of 125.0II) or mare m 1M - ,... or._-,o be(IOIII for;-..,. or--. oo -a ,...._ faeral IICDDII: or Ciil A dlmll mdlc-11 or-•> ..._or --.-.m-a~Ftiawor-.a;or (m1A<llllllt•--II. _..,_.,). or-1) -I0-.. -·-·---(3)11,oC-____ ,,,. __ ;,,_.._. __ ..,.., __ _ or--,-....... SICII.OOD __ _ -(4)Al------l -·---·---.., .. -c-. n.,...c---.. -· .. ~ a-...... o1 .... --.. ----is _.., _______ ... -·--ftloollllo ..... C-. <di -n.c ___ m_..,_ ,._.., .. __ <•>-· (11..., ____ ....-..e..-- ........(l)llldlll_or __ lOftlcor __ _ -·--·-llf--C')ol .. .--...... ·---·--1or11r11 u.s.c.sm. Aa..-o1. _,_, ____ c.o..-_-.._,_ ._, .. _ .. ..,,..__ (2lC-_..., _ _,_ .. ....-_"' _______ _ (I) c..-,. ~-------.,----·-· -· c--, ___ __,_..,_ ____ ... _.,. ___ _,_ - ...... ... I • • 0 • COOPERATIVE AGREEMENT NO. 97288204 ATTACHMENT I ·4· k. CER11FICATION FOR CONTRACl'S, GRANTS, LOANS, AND COOPERA'DVE AGREEMENTS n.-.....-.••-otllilocllor-....Mll-.m: (I) NoFanl _____ plilloc..Ubepoid.llyocaa-ot•--....•a,-•-..or-...•- •-oc_..,..ot•-·•-ol~•-oc_..,_ot~oc•_..,_ota-ot~ia--• -....a1..,-..-. ...... .,.., _____ ., ________ _ _ .,_.,_, ____ .. __ _ (2) lfaay _________ poldocwiUbeplilla,-,-lar-.aoc-•-•-oc _..,_a1..,-.• -ot~•-af_..,..ot~ar•_..,_ot1-ot~•--•- -.-.-. .. ------.-----~--. ._....,.._ .. .................. (3) n.-....-......... '-., .. ________ .. __ ..... f .... --.. --. ........ ----·-----,--.. -...--....,, .. ---..,. lllil-.. ·--otfaa----..------.. --. _,,, .. -isa.,...__rar-.,.oc--lllli---lly-1352.-ll,U.S.C... ,._, __ faill•ftlo•,..._ __ .,. ...,...,.cm1_., .,_ •-s10.ooo ... ---s100.ooo.---.. _,_._c.--___ _ n.-......-.101be-otlolocllor-.,..11111bltief.m: lfaay---..................... ..,_,.,.....___ _______ .. ......,..,._,._,,, ~.--or.......,_ot~.or •_..,..ota-ot~ia-------for•U--• ---·---...-.-----"-Lll. ·-----~------· -ofdlol-is1_.1armm111or-iaodlil---lly-l"2.lilloll .U.S.C.... ,._, __ _ • ftlolbe ----b1Mjla101 av,I _., ot• '--SIO.ooilal ___ SIOO.OOOflW ___ _ I. 52.242-15 STOP-WORK ORDER (AUG 1-, (a) lbcC_Olliccr_,a-,,-.11y...--a, .. C-.--C-•-lll.oc-,pon.ot--flWlly._ -rar • ...,..ot90ays-•-11dlli-••c-.... ,.,.,_...,..._ .. ,.... __ •---~-llod••-----lllil-. u,..._., .. __ .. c-_ _,._., ___ _._ .. ______ al ______ .., _____ ,...., ___ --...... .,, .... -·--.. -... c-... _..,_.,_..,... ______ ...-. .. ~oa.--- (1) c------· (21 T ____ .., _______ -_,. .. T-•C-ot•~-ol--~) "·-----.. -.. -.......... .,, .. -..... ----c-----Tbe~Olliccr---------ie-doli-,_or __ .. _____ .. ___ ....._ __._,,.,. (I) Tbe----·•-••-._.for.or a .. C-'1-~------ol-,-ot• --(2) n.c--................ -JO...,. ___ .,_,...., _______ ,, .. c......_ _ ___ _,, ___ ~oa.--------·.,-------(c) 11, __________ .., .. _ .. ____ ., .. ~ .. c-«----....... -----·-·---(di 11, __________ .., _______ ~---• .., ....... ..._ .. -.--.... -----· (Eaof-l •• 52.217-1 omON TO EXTEND SERVICES (AUG 1-, n.~---...-a1_, __________________ .,......, ··-"' __ ,........ ____ llyllloS.C,..,ota..-. ·------------- .,,.,.,_ ____ ,_. ThoC_Olliccr ____ .., ____ C ___ ,... _... ..... -. • • • • • <, COOPERATIVE AGREEMENT NO. 97288204 ATl'ACHMENT I -5- L 52.m-ll AV AILAIIIUl'Y OF FUNDS (APR l-, ___ ......., _____ •a.--·, ...... ---·--------"------------.............. ,..., .. _ .. _________ _ _ c....,. _______ c:-__ ,, ____ ··--·--·-c---.-. .. .,_.. ___ ......., __ ,._ ___ ..,....,._. ..... 1'oa..-"1 .......... ...-., .. -..,.. ... -. ______ ., ______ .. _____ .............. _., .. a...-.. ._ ____ ,__ ___ ..,_..,_ ...... -----·-~ --..----c---11.-.. .... -........ c--.ca. . .. .,_.. --------·--------··----..... -u,.....-. .. c:---.-·--... -- •· 51.25W AUIWW1711J) DEVIA110NS IN CLAV!a (APllltM ... ,.. ______ ., __ _...-.,.._•aaa..-u-----· -·--ol-.w&'IIIINI" ..... _., __ .. ,.. ______ .,_,,,_, ........ ..,,,,.CIL..l~----·-·- _,,,-.wA'IIIINI" ..... _., .. ...-.a ... ., .... 'Die,....._ dalll ... 1. .. .. '1 ... w SLm-25 PllOIIPT PAYMIHI' (l(Aa 1'" D-m-D MANDA.TORY INIODIATION ,oa IUIC'mONIC IIJNDI ftAJaD PAYMENT (AUG ._, .. • , • Date June 16, 1997 Initiated By • ·, • '· COUNCIL COMMUNICATION Agenda Item 10 a iii Staff Source Subject Cherry Hills Village Sanitation District Connector's Agreement Utilities Department Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The original Connector's Agreement with Cherry Hills Village Sanitation District was passed by Council June 2, 1975 effective for a twenty year period. Englewood Water Board recommended Council approval at their May 13, 1997 meeting. RECOMMENDED ACTION Council approval of the Connector's Agreement with Cherry Hills Village Sanitation District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed Connector's Agreement provides that Englewood will continue to receive and treat sewage gathered by Cheny Hills Village Sanitation District. The Agreement enables the district to utilize the facilities owned by the City, the Bi-City Wastewater Treatment Plant, for the treatment of sewage. Englewood shall bill the district users directly for service charges. The City's permitting requirements will be followed by the district and its users. No permit shall be final or service provided until construction is approved by Englewood. The term of this Agreement is for a three-year period and is automatically renewed for six subsequent three- year periods unless either party gives a minimum of six months written notice. The attached map shows the area in question . FINANCIAL IMPACT Revenues approximately equal expenditures, so no financial impact on the residents is projected . UST OF ATTACHMENTS Proposed bill for an ordinance Cheny Hills Village Sanitation District Connector's Agreement .. • ORDINANCE NO . _ SERIES OF 1997 •, • 0 • <. BY AUTHORITY ABILLFOR COUNCll. BILL NO. II =~~UNCIL AN ORDINANCE APPROVING A CONNECTOR'S AGREEMENT BETWEEN CHERRY HILLS VILLAGE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood City Council approved the original Connector's Agreement between Cherry Hills Village Sanitation District on June 2, 1975; and WHEREAS, the Englewood Water and Sewer Board recommended City Council's approval of this Agreement at the May 13, 1997 meeting of the Board; and WHEREAS, the City will continue to receive and treat sewage gathered by Cherry Hills Village Sanitation District; and WHEREAS, the Connector's Agreement enables the District to utilize the facilities owned by the City and the Bi.City Wastewater Treatment Plant for the treatment of sewage; and WHEREAS, the City of Englewood Utilities Department will bill the District users directly for service charges; and WHEREAS, the Connector's Agreement provides that the City's permitting requirements will be followed by the District and its uaen; and WHEREAS, the Connector's Acree-t provides that no permit shall be final or service provided until conatructiOD ill approved by the City of Englewood; and WHEREAS, the term of the Connector's Acr-ent ill for a three year period and ill automatically renewed for m subaequent three year periods unleu either party gives a minimum of six months written notice; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Connector's Agreement between Cherry Hills Village Sanitation District and the City of Englewood which enables the District to utilize the facilities owned by the City and the Bi.City Wastewater Treatment Plant for the treatment of sewage; is hereby approved for a three year period and ill automatically renewed for six subsequent three year periods unleu either party gives a minimum of aix months written notice, a copy of said Agreement ill attached hereto u Emibit 1. Section 2 . The Mayor and City Clerk are hereby authorized to sip and attest, respectively, the said Agreement for and on behalf of the City Council and the City aC Englewood, Colorado . Introduced, read in full, and puaed OD &rat readinf OD the 16th day aC June, 1997. -1- ' •. • 0 '32 x l • • ~ • ' .. Published u a Bill for an Ordinance OD the 19th day oC June, 1997. '11lomu J . Buma, Mayor ATTEST: Louc:riahia A. Ellis, City Clerk I , Low:riabia A. Ellis, City Clerk oCthe City oCEnp,wood, Colorado, hereby certify that the above and foregoinc ia a true copy oC a Bill for an Ordinance, introduced, read in full, and paued on tint reading OD the 18th day of June, 1997 . Loucriahia A. Ellis -2 - -,.~ • ' • • 0 • . . CONNECTOR'S AGREEMENT TSIS AG:REEMENT, made and entered into t.!lis day of ="'...,...,,,-=,...,.....,,..,,.....---,...,...,,,.....,.....,._, 1997 by and bet~een t.~e CITY OF E.~GI.J:.-WOOD, COLORADO, a mun°""'Icipal cori;:,oration, hereinafter refer=ed to as "City," acting by and t.!lrough its duly elected, quali!ied and authorized Mayor and City Clerk, and CHERRY HIL 1 s VILLAGE SANITATION DISTRICT , of t.!le State of Colorado, hereinafter called "Dist=ict," acting by and through its duly aut.!lorized Bca=d of Di=ectors WHZ:REAS, t.~e City owns and operates a sewage system, including a sewage t=eat:nent plant which is jointly owned and ope=ated with the City of Littleton, so situated physically as to be aj:le to receive and treat t.~e sewage gat.~ered by t.~e Dist=ict; and w~~. it is t~e desi=e of t.~e Dist=ict to utilize the facilities owned by t.~e City for the t=eat::lent of sewage and the City is willing to se=-1e the Dist=ict for t=eat:llent of sewage u.~de= ce::-t:ain conditions; NOW, ~FORE, IN CONSIDERA~ION of the promises and for other good and valuable consid•=aticn hereinafter set fort.!l, it is ~utually agreed by the pa::-ties as follows: 1. The City hereby agrees under t.~e conditions hereinafter set forth to treat t.~e sewage originatL,g f=cm Dist=ict's sanita=Y sewer system wit.~in the a=ea served by the District as approved by t.!le City, as indicated in the descriptions attached hereto :11&=ked Exhi!lit A. Dist=ict specifically ac;=ees to prevent sewage f=om any area, ot.~er than t.~at described herein, f=om being discharged into Dist=ict's sanita=Y sewage syste!ll connected to City's trunk line and to prevent connections to the system from or in any area ot.~er than t=ose described herein. •• See Foot.,ote on last page. -l - ...... E X H I B I T 1 •· • • 0 • 2. In the operation of District's sanitar1 sewer system, District agrees that all applicable Code provisions and rules and regulations of City, including amendments thereto during the term of the contract, shall be the minimum standards for District's system. District furthe= agrees to abide by all applicable state and federal laws, rules, regulations, or per.nits, including those of the Environmental ?roteaition Agency (the EPA) as they become effective or implemei1'ted or upon notice from the City. District shall infor:n all users, contractors and subcontractors of such standards, rules and regulations upon inquiry from such persons, and shall not fur.iish any infor:!lation inconsistent therewith. In t.~is regard, it shall be the responsibility of the District to obtain from the appropriate governing body the applicable requirements. The City shall attempt to maintain and provide all requirements to the District; however, City does not c;-~arantee t.~e accuracy or completeness of gover:-.mer.t regulations ot!ler t.~an the City's own regulations. 3. The City's per:nitting requi=e::ients shall be followed by the District and its users. All plans, specifications and methods of work within t.~e District shall be sci::mitted to t.~e City in writing and approved by City prior to any construction or tap in the District's approved area. No pe:::::nit shall be final and no service shall be provided to proper-:y u.~~il construction is appr:ved in w::-iting by City. 4. District shall, at all times, properly maintain its sewer system and shall rectify any problems or conditions which have been deter::iined by District or City to be detrimental to City's treatment process. Should the City deter::iine that any discharqe enters t.~e sewer system contrary to governing laws, orjinances, statutes, rules, regulations or pe:-:itits, Distric~ agrees to pr:ceed at once to take whatever law!~l means may be necessa:-J to rectify any s~ch problem or c:nditicn. 5. City sha:l have t.~e right to a:locate service u.~d•r this c:ntract, and City may deny additional service for any utility-related reason, bu~ in no event will City terminate any sa:=-,ice wi-;.~out cause. City shall have the right to disconnect se:=-1ice to anv area ar..~exed bv District when such annexation takes place wlt.~out prior wri~ten City approval. District shall provide City within one year o! this agreement, an est~ate o! t.~• ~~•r c! •cr~iva:ent se:-,,ice ta;s needed for the next !ive (:) years u~der c~rrent zoning a~d planned buildo~t in District's area. Distri:t shall ~onitor zoning changes wit..~in its ar•a to estimate its tap requi~ements and provide City .it..~ notice o! tap requi=ements !or the next five year period o! ti~• in a !c:::i satis!actory to the Citv. Notice of t.~ese require~ents sha:l be given City or. each anniversary date of t.~is agree~ent. 6. Cit7 may i~=cse and collect reasona=:e fees, tolls and charges, wh~ch shall be uni!orm as to all outside-City users -2 - ...... •. ., •· , • • • - ,, for the services provided by the City under this Connector's Agreement. City shall bill District user directly for all applicable City charges for services rendered under this Agreement. Should any user not pay City, City shall bill District and District shall pay to City within 45 days of such billing the amount due. These charges are subject to adjustment from time to time by City; when such charges are changed, City shall give District forty-five (45) days advance written notice. 7. The ter.n of this Agreement is for a period of three (J) years from the date of execution and automatically renewed for six (6) subsequent threa-(J)-year periods unless either party gives a mini:llu:n of six mont.~s •.rritt«n notice, during which time District agrees t.~at all ef!luent produced from taps wi':.~in District shall not be in violation o! any federal, state or City laws, rules or regulations, or any ot.~er applicable gover::'llllental regulations or the pe:::nits under which the City operates its sewage treatment system. City aq=ees, during t~e te:.-:n hereo!, to t:eat sa~d et!luent and to maintain adequate facilities for treating of the same. a. District agrees that it will maintain, at its own ex;:ense, all of its lines, or those lines now owned and operated by District, it being specifically agreed that City assumes no responsibility should any of District's lL~es become clogged, damaged, or require maintenance. District shall maintain 2~-hour service to remedy disr~ption in service. District shall, if it deems necessary, ncti!y its users o! District's pr:cedure to remedy service. 9. City is providing only sewage trea'::llent ser-,ic• and, pursua.~t t:,ereto, permits incidental use of Cit7 1 s sewage lines only :y this individual c:ntract wit.~ District and does not, by t~~s cont=ac~, of!•= t=ea-:2er.~ ••=-~~c• excep~ i~ •~=~c~ accordance with the te:'25 hereo!. '!'his contract does not c!!er, and shall net be constr-~ed as of!ering, sewage treatment service tot.~• public generally or to any area outside the limits o! the District's service area herein described. 10. ~his contract may not be assiqned, sold or tr~ns!erred by District without City's written consent. 11. Should any federal law, =-~le, permit or regulation or should a decree or order of a court rer.der void or unenforceable any pr:visions of t.~is contract, in whole or in pa:"':, i! possi~l•, t.~e remainder shall ~e of fu~-for:e and e!!ect. 12. T~e District shall en!orce t.~is aqreelllent ar.d eac.~ of it• te:-:is ar.d conditicns ~ithin the area descri=•d in Ex.~ibit "~." District shall refuse to serve a user or potential user, disconnect th• service of a.~y user pursua.~t to -J - •· , • • • appropriate law, or take other appropriate action in the event of: a. Nonpaymer.t by such user of any charge made by City for services; b. Any violation or noncompliance by sue~ user with the ter:ns of t~is agreement; c. Violation or noncompliance by such user with the laws, r~les, per:nits or regulations of the City, the United States gove~ent, including the EPA, the State of Colorado, including the Depa~~ent of Health, or other law, :-ule, per:nit or regulation applicable. d. Continued breach of t.~is Aq::-aement by the District and/or its users shall be considered cause for t.~a City to ter:ninata t.~is Agreement. Should the Distric': fail to ':lromotl" recti!·, a breach of those provisions identified hereln,-after notice t.~erecf, City may take such steps a.,d do such work as it deems necessarJ to en!orce this agreement, including li':igation and speci!ically a right to injunction or speci!ic per!or:nanca against t~e Distric': er any o! its users as is necessary to protect t~e City's system and operations. The prevailing par':y shall be er.titled to expenses and costs of suit, including attor::ey fees. Should mere t.~an one District be connected to a sewer line, all Districts on the line shall be jointly and severally liable for any breach of this aq:-eement and each such Distric': sr.all i::nmediately, after notice, rectify any problem or condition detrimental tc t.~e treat:ent process arising within its legal bou.,daries. City shall not be recuired to ~rove which District is at fault but shall make available ~o all sue~ a!!ected Districts all infor.aation developed er acc~ulated by City per':aining to such breach. ~othing contained herein sha:: preclude a claiJl fer indemnity or contri:-:iuticn by any Distric': against anct-~er Dis':rict cor_,ected tc a cc:amcn sewer line. ~-13-31-lll.5 shall gover:, the percentage o! liability c! any District on a ccm~on sewer line in the event the City seeks to i~pose liability based upon neg:iger.ce er !ault. lJ. This contract sha:l net be used as a legal de!anse er prohi b i tion to t~e mandat:r-1 consolidation o! !aci:ities by eit~er pa~y as ~ay be requirsd by t~e laws of the State of Co l orado o! a:l existing sewer collec':ion systems and facilities tc a governmental entity created to ass~• ras~onsi.l:lilit·, fer sewer ser-,ice i:, the area i:, wr.ich both City and stata a=• a par': u.~:e= stat~tor'J or constitutional aut~orit'! as ~ay be t~e case . • .... I· I • • . . ATTEST: crrY OP' ENGLEWOOD, COLORADO C1.ty Clark Mayor A'rrEST: ey __ ..:::::Ez~:is::s::::.9:\~~cu?':::!z:::!!:s§i!!!!==-- ** Footnote (see page 1) lfothinq in thia paragraph shall apply to non antarinq the outfall line utilized by the Diatrict at any point on points downatrau troa wen the said outfall line laavu the area ot the Diatrict. -s - • .. 0 • -----,. -----' .___ __ • • J • •' I I • • 0 .. - . " . 1·Utwant a , For Date Time While You Were Out M Of Phone -coae ...... IElffBliiili T ...... 1011edQ ...._CIIQ c.n. TolN You Q •CII-.Q -...vowc.aQ W....To ... vouQ ~~z,,~ ~ {i) C I I ,,_ Ul. tJ. i f°i '-Signed 17'1 ,J ·r · ' 0 • I C ' ----~----------------~. • ORDINANCB NO . _ SERIES OP 1997 '· • • BY AUTHORITY .. COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER WAGGONER/ WIGGINS AN ORDINANCE REPEALING TITLE 5, CHAPl'ER 13, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO TEMPORARY EMPLOYMENT SERVICES AND RE-ENACTING A NEW CHAPl'ER 13, AND WIUCH REMOVES TEMPORARY EMPLOYMENT SERVICES FROM ORDINANCE NO . 25, SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM ON LICENSES IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood City Council established a t.emporary suspension or moratorium on certain miscellaneous blllinea licenaee for a period of six months with the passage of Ordinance No . 25, series of 1996; and WHEREAS, the moratorium or temporary 1U1penaion included temporary employment services licenses; and WHEREAS, the City of Englewood desires to have all licenaee in Title 5 of the Englewood Municipal Code to be in eaentially the same format; and WHEREAS, the licensing renewal requirements have been removed and are controlled by Chapter 1 of Title 5; and WHEREAS, the nature of the businma includes the auembly oflarp numbers of people and the licenaed premiaes muat have adequate waitinc anu; and WHEREAS, the nature of'tbe ~ includes the -bly oflarp numbers of people, the licenaed premiaN muat camply with applicable building codea regarding sanitation facilitiea; and WHEREAS, repetitive and _,.ry lan,uap bu been removed; and WHEREAS, the liceme ia not tranaferable; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sgtign 1. The City Council of the City of Enp-ood, Colorado hereby amenda Title 5, Chapter 13 , of the Ensl-ood Municipal Code 1985, by repealinc and re-enactinc Chapter 13, to read u foUOft : • . 10 bi .. .; • • • . (~ • CIIAPl'ER 13 TEMPORARY EMPLOYMENT SERVICES SECTION: 5-13-1 : Definitions 5-13-2 : License Required 5-13-3 : Application For License 5-13-4: Special Conditions and Restrictions of the License 5-13-1:DEFINITIONS: FOR THE PURPOSE OF TJUS CHAPl'ER THE FOLLOWING DEFINITIONS APPLY: DAY LABORER: PERSONS (NORMALLY, BUT NOT EXCLUSIVELY UNSKILLED LABORERS) WHO WORK AND ARE PAID ON A DAILY OR SHORT TERM BASIS WHO RECEIVE WORK ASSIGNMENTS OR ARE DISPATCHED BY AN EMPLOYMENT SERVICE TO WORK FOR A TIURD PARTY, WHETHER PAID BY THE AGENCY OR THE TIURD PARTY. TEMPORARY EMPLOYMENT SERVICE: ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION THAT MAINTAINS A CENTRAL LOCATION WHERE DAY LABORERS ASSEMBLE AND ARE DISPATCHED TO WORK FOR A THIRD PARTY USER. 5-11-1: LICENSE BBQUIBICD: lT SHALL BE UNLAWFUL FOR ANY PERSON OR ENTITY TO OFFER OR PROVIDE TEMPORARY EMPLOYMENT SERVICES IN THE CITY OF ENGLEWOOD WITHOUT HAVING FIRST OBTAINED A LICENSE. 5-13-3: APPLICA'nON FOR LICENSE: TEMPORARY EMPLOYMENT LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPl'ER 1 OF TIUS TITLE . 5-13-4: 8PECw. CONDfflONB AND IIB8'l1UCTION8 OP 111B LICBNBE: IN ADDfflON TO THE REQUIREMENTS OF CHAPl'ER 1 OF TIUS TITLE, THE FOLLOWING SPECIAL CONDfflONS AND RESTRICTIONS APPLY: A . TEMPORARY EMPLOYMENT LICENSES MAY NOT BE TRANSFERRED TO ANOTHER PERSON OR LOCATION OTHER THAN THAT LISTED IN THE LICENSE APPLICATION . B . THE TEMPORARY EMPLOYMENT ESTABLISHMENT SHALL PROVIDE A DESIGNATED WAITING ROOM IN THE LICENSED -2- ..... • • • • PREMISES TO ACCOMMODATE THE SEATING OF ALL POTENTIAL EMPLOYEES AND CUSTOMERS OF THE LICENSE HOLDER. C . THE LICENSED TEMPORARY EMPLOYMENT ESTABLISHMENT CAN PROVIDE AN OUTDOOR WAITING AREA WITH SPECIFIC BOUNDARIES FOR POTENTIAL EMPLOYEES AND CUSTOMERS OF THE LICENSE HOLDER. D . THE LICENSED TEMPORARY EMPLOYMENT ESTABLISHMENT MUST PROVIDE AND MAINTAIN RESTROOM FACILITIES IN WORKING ORDER IN COMPLIANCE WITH THE UNIFORM BUILDING CODE AS ADOPTED BY THE CITY OF ENGLEWOOD, COLORADO WHICH ARE ACCESSIBLE TO THE ASSEMBLED DAY LABORERS AWAITING DISPATCH. E. ANY CHANGE OF OWNER, OFFICER, DIRECTOR, OR HOLDER OF MORE THAN TEN PERCENT OF THE SHARES OF STOCK OF A CORPORATE LICENSE HOLDER OR PARTNER OF A PARTNERSHIP, REQUIRES A WRITTEN AMENDMENT TO THE ORIGINAL APPLICATION FOR THE ISSUANCE OF A TEMPORARY EMPLOYMENT SERVICE LICENSE. THE AMENDMENT SHALL BE SUBMITTED TO THE LICENSING OFFICER WITH THIRTY (30) DAYS OF THE CHANGE OF OWNERSHIP. A CHANGE OF OWNERSHIP AMENDMENT IS NOT REQUIRED IF THE LICENSED TEMPORARY EMPLOYMENT SERVICE IS OWNED DIRECTLY OR BENEFICIALLY BY A PERSON THAT AS AN ISSUER HAS A CLASS OF SECURITIES REGISTERED PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934 <THE "ACT") OR IS AN ISSUER OF SECURITIES WHICH IS REQUIRED TO FILE REPORTS WITH THE SECURfflES AND EXCHANGE COMMISSION PURSUANT TO SECTION 15 (d) OF THE ACT, PROVIDED THAT SUCH PERSON FILES WITH THE COMMISSIONER SUCH INFORMATION, DOCUMENTS AND REPORTS AS ARE REQUIRED BY THE PROVISIONS OF THE ACT TO BE FILED BY SUCH ISSUER WITH 'nlE SECURITIES AND EXCHANGE COMMISSION . THE ISSUER SHALL FILE WITH THE LICENSING OFFICER INFORMATION ON OFFICERS AND DIRECTORS OF SUCH ISSUER OF ANY LICENSED OR INTERMEDIATE SUBSIDIARY AS IS OTHERWISE REQUIRED OF OFFICERS AND DIRECTORS OF CORPORATE TEMPORARY EMPLOYMENT SERVICES. Ses;tion 2. License fees for this Chapter shall be determined and aet by City Council in accordance with 5-1·8 ofthia Code . Section 3. The Englewood City Council eatabliahed a temporary 1uapenaion or moratorium of certain miacellaneoue buaineu Ii-for a period of 1ix montha with the paauge of Ordinance No . 25, aeriea of 1996 and now removea the following licensee from the moratorium : TEMPORARY EMPLOYMENT SERVICES LICENSES . -3- ...... - ... I· • • • ·, • Section 4 Safety Clauaea The City Council, hereby finds, determines, and declares that this Ordinance ia promulgated under tbe general police power of tbe City of Englewood, that it ia promulgated for tbe health, safety, and welfare of tbe public, and that this Ordinance ia necessary for tbe preaervation of health and safety and for tbe protection of public convenience and welfare. The City Council further determines that tbe Ordinance bean a rational relation 1D tbe proper legislative object aought to be obtained. Sed;igp 5 Sevvahility If any clame, aentence, parqraph, or part of this Ordinance or the application thereof ID any per.m er circumatanc:es Bhall for any reason be adjudpd by a court al competent juriadiction invalid, such judgment shall not affect impair er invalidate tbe remainder al this Ordinance or its application to other persons or c:ircumataDcee. Sectigg 6 lomnPeterat OrdiDIPGII All olhm-Ordinancee or portiona thereof inconsistent or conflicting with this Ordinance er any portion hereof are hereby repealed to the enent of such inconaiatency or contlict. Section 7. Effw;t pf repeal gr modj(ic:ation The repeal er modification of any provision of the Code of tbe City of Englewood by this Ordinance Bhall not releue, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which ahall have hem incurred under such provision, and each provision ahall be treated and held u still remaining in force for tbe purpoaea of sustaining any and all proper actions, auita, proc:eedinp, and proeec:utiODB for the enforcement oftbe penalty, forfeiture, or liability, u well u for tbe purpme of suataining any judgment, decree, or order which can or may be rendered, entered, or made in such actiODB, suits, proc:eedinp, or proaeeutions. Sec;tion 8. fualtx. The Penalty Provision ofE.M.C. Section 1-4-1 Bhall apply to each and every violation of this Ordinance. Sec;tjon 9. ffi1!d;iyc Qat,c Thia Ordinance shall pinto eft'ect OD July 7, 1997. Introduced, read in full, md paued OD flnt readinc OD tbe Mb day al llay, 1997. Published u a Bill for an Ordinance on tbe 8th day alllay, 1997. Amended and reintroduced, read in full, md paued u ammded on tbe 2Dd day of June, 1997. -4- --. " '"'. L, , ~ .. • • • • Published 88 amended on the 5th day of June, 1997. Read by title and puaed on final reading on the 16th day of June, 1997. Published by title 88 Ordinance No. _, Series of 1997, on the 19th day of June, 1997. Thomas J. Burna, Mayor ATTEST : Loucrishia A. Ellia, City Clerk I, Loucrishia A. Ellia, City Clerk of the City ofEqiewood, Colorado, hereby certify that the above and foreaoinl ia a true copy of the Ordinance puaed on final reading and publiahed by title u Ordinance No._, Series of 1997. Loucriabia A. Ellia -S- ' ,. .. • • 0 f 32xl • ORDINANCE NO. _ SERIF.s OF 1997 • • BY AUTHORITY COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER VORMITTAG/ HABENICHT .\'O AN ORDINANCE REPEALING TITLE 5, CHAPTER 12, lECTION 4 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING,:.AWNBROKERS AND RE-ENACTING A NEW CHAPTER 15, AND WHICH REMOVES PAWNBROKERS FROM ORDINANCE NO . 25, SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council established a temporary suspension or moratorium of certain miscellaneous business licenses for a period of six months with the passage of Ordinance No . 25, series of 1996; and WHEREAS , the moratorium or temporary suspension included Pawnbrokers licenses; and WHEREAS, the license muat be conspicuously displayed so its validity can be readily determined; and WHEREAS, the license is specific to the location and license holder due to zoning and criminal background issues surrounding thia license; and WHEREAS, the license requires a bond to insure all requirements contained in thia Title 5 and Chapter are followed and all customer property is returned by the license holder; and WHEREAS, the license holder muat have insurance in an amount sufficient to cover lOIINS that would otherwi8e be home by c:uatomen of liceme bolder; and WHEREAS, the liceme bolder muat submit to a bacqround cbeck to protect the public from the pouibility of dealinr with lltolen ,ooda; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sec;tign I . The City Council of the City of Englewood, Colorado hereby amenda Title 5 , Chapter 12, Section 4, of the Enclewood Municipal Code 1985, by repealinc Chapter 12 and enacting a new Chapter 15, to read u follows : ..... .. 10 b ii .. •· 0 '32xl • SECTION 5-15-1 : DEFINITIONS 5-15-2: LICENSE BBQUIBBD • . .. ·, • '· CIIAPl'Ell 15 PAWNBROKERS ,. 5-15-3: APPLICATION FOR LICENSE 5-15-4: SPECIAL CONDfflONS AND RESTRICTIONS 'OF THE LICENSE 1-11-1: DDINITIONB: AB USED IN THIS SECTION, THE FOLLOWING TBllllS SHALL HA VE THE MEANINGS INDICATED: CONTRACT FOR PURCHASE: FIXED PRICE: FIXED TIME: A CONTRACT ENTERED INTO BETWEEN A PAWNBROKER AND A CUSTOMER PURSUANT TO WIUCH MONEY IS ADVANCED TO THE CUSTOMER BY THE PAWNBROKER ON THE DELIVERY OF TANGIBLE PERSONAL PROPERTY BY THE CUSTOMER TO THE PAWNBROKER ON THE CONDfflON THAT THE CUSTOMER, FOR A FIXED PRICE AND WITHIN A FIXED PERIOD OF TDIE, NOT TO EXCEED NINETY (90) DAYS, HAS THE OPTION TO CANCEL THE CONTRACT AND RECOVER FROII THE PAWNBROKER THE TANGIBLE PERSONAL PROPERTY. THE AMOUNT AGRBBD UPON TO CANCEL A CONTRACT FOR PURCBASB DURING THE OPnON PERIOD. SAID FIXED PRICE SHALL NOT EXCEED: (1) ONE-TENTH (1/10) OF THE ORIGINAL PRICE FOR EACH IIONTH, PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS OF FIFTY DOLLARS ($50.00) OR OVER;OR (2) ONE-FIFTH (1/5) OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS UNDER FIFTY DOLLARS ('50.00). THAT PERIOD OF TDIE, NOT TO UCBBD NINETY (90) DAYS, AB SET FORTH IN A CONTRACT roa PURCIIASB, WITBIN WRICH THE CUSTOIID IIAY DDCJD 2 .. , ., • • 0 'a2 x l • LOCAL LAW ENFORCEMENT AGENCY: OPTION : PAWNBROKER: PERSON: POLICE DMSION: PURCHASE TRANSACTION: TANGIBLE PERSONAL PROPERTY: • • AN OPTION TO CANCEL THE CONTRACT FOR PURCHASE. ANY MARSHAL'S OFFICE, POLICE AGENCY, OR SHERIFFS OFFICE WITH JURISDICTION IN THE LOCALITY IN WHICH THE CUSTOMER ENTERS INTO A CONTRACT FOR PURCHASE OR A PURCHASE TRANSACTION. THE FIXED TIME AND THE FIXED PRICE AGREED UPON BY THE CUSTOMER AND THE PAWNBROKER IN WHICH A CONTRACT FOR PURCHASE MAY BE, BUT DOES NOT HAVE TO BE, RESCINDED BY THE CUSTOMER. A PERSON REGULARLY ENGAGED IN THE BUSINESS OF MAKING CONTRACTS FOR PURCHASE OR PURCHASE TRANSACTIONS IN THE COURSE OF BUSINESS. THIS SECTION SHALL NOT APPLY TO SECONDHAND DEALERS UNLESS SPECIFICALLY ADOPTED BY ANOTHER SECTION. ANY INDMDUAL, FIRM, PARTNERSIUP, ASSOCIATION, CORPORATION, COMPANY, ORGANIZATION, GROUP OR ENTITY OF ANY KIND. THE POLICE DMSION OF THE DEPARTMENT OF SAFETY SERVICES FOR THE CITY OF ENGLEWOOD. THE PURCHASE BY A PAWNBROKER IN THE COURSE OF BUSINESS OR TANGIBLE PERSONAL PROPERTY FOR RESALE, OTHER THAN NEWLY MANUFACTURED TANGIBLE PERSONAL PROPERTY WHICH HAS NOT PREVIOUSLY BEEN SOLD AT RETAIL, WHEN SUCH PURCHASE DOES NOT CONSTITUTE A CONTRACT FOR PURCHASE. ALL PERSONAL PROPERTY OTHER THAN CHOSES IN ACTION, SECURITIES, OR PRINTED EVIDENCES OF INDEBTEDNESS, WHICH PROPERTY IS DEPOSITED WITH OR OTHERWISE ACTUALLY DELIVERED INTO THE POSSESSION OF A PAWNBROKER IN THE COURSE OF BUSINESS IN CONNECTION WITH A 3 . ' ., • • 0 1 a2 x l -------------,.---------.--------------~,---------------- • 0 I• • CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION . 5-15-2: UCENSING REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON TO OFFER OR PROVIDE THE SERVICES OF A PAWNBROKER WITHOUT FIRST OBTAINING A LICENSE . 5-15-3: APPUCATION FOR UCENSE: PAWNBROKER LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 1, OF THIS TITLE . 5-lM: SPECIAL CONDfflONSAND RES'l1UCTIONS OF 1BE UCENSE: IN ADDITION TO THE REQUIREMENTS IN CHAPTER 1 OF THIS TITLE, THE FOLLOWING SPECIAL CONDITIONS OR RESTRICTIONS APPLY: A . EVERY LICENSEE SHALL DISPLAY A VALID LICENSE IN A CONSPICUOUS PLACE WITHIN THE PAWNBROKERS ESTABLISHMENT SO IT MAY BE READILY SEEN BY PERSONS ENTERING THE PREMISES . B. LICENSE NOT TRANSFERABLE : ANY LICENSE ISSUED PURSUANT TO THIS CHAPTER SHALL NOT BE TRANSFERABLE . ANY SUCH LICENSE MAY NOT BE TRANSFERRED TO EITHER ANOTHER PERSON OR A LOCATION OTHER THAN THAT LISTED IN THE LICENSE APPLICATION . ANY CHANGE IN THE PARTNERS OF A PARTNERSHIP OR IN OFFICERS, DIRECTORS, OR HOLDERS OF TEN PERCENT (l~l OR MORE OF THE STOCK OF A CORPORATE LICENSEE HOLDING A PAWNBROKER LICENSE SHALL RESULT IN TERMINATION OF THE LICENSE OF THE PARTNERSHIP OR CORPORATION UNLESS A WRITTEN AMENDMENT TO THE ORIGINAL APPLICATION IS MADE . C. BOND REQUIRED: AS PART OF THE LICENSING PROCESS, THE APPLICANT SHALL FURNISH A GOOD AND SUFFICIENT BOND IN A SUM TO BE DETERMINED BY THE CITY AND SET BY RESOLUTION . SUCH BOND SHALL BE CONDfflONED UPON THE FAITHFUL OBSERVANCE OF THE REQUIREMENTS OF THIS CHAPTER AND CONDfflONED UPON THE SAFEKEEPING OR RETURN OF ALL ARTICLES IN PLEDGE BY SUCH PAWNBROKER. D. INSURANCE REQUIRED : AS PART OF THE LICENSING PROCESS, THE APPLICANT SHALL PROVIDE FIRE AND PROPERTY DAMAGE INSURANCE FOR ALL PROPERTY THE PAWNBROKER HOLDS BY CONTRACT, IN THE MINIMUM AMOUNT OF ONE-HALF (112 ) OF SUCH PROPERTY'S CONTRACTED VALUE IN CASE OF DAMAGE OR DESTRUCTION . THE APPLICANT MUST PROVIDE THE LICENSING OFFICER PROOF OF SUCH INSURANCE COVERAGE BEFORE A PAWNBROKER LICENSE IS ISSUED. PROOF OF THIS INSURANCE COVERAGE MUST BE PROVIDED EACH TIME A REQUEST FOR A RENEWAL IS FILED WITH THE LICENSING OFFICER. E . BACKGROUND INVESTIGATION : APPLICANTS WILL BE SUBJECT TO A POLICE BACKGROUND INVESTIGATION AS PART OF THE APPLICATION PROCESS . 4 ...... •· • 0 I~ • F . CHANGE OF OWNERSHIP OR MANAGEMENT : 1. A PAWNBROKER MAY EMPLOY A MANAGER TO OPERATE THE BUSINESS, PROVIDED THE PAWNBROKER RETAINS COMPLETE CONTROL OF ALL ASPECTS OF THE BUSINESS, INCLUDING BUT NOT LIMITED TO, THE PAWNBROKER'S RIGHT TO POSSESSION OF THE PREMISES, HIS,IHER RESPONSIBILITY FOR ALL DEBTS , AND THE PAWNBROKER MUST BEAR ALL RISK OF LOSS OR OPPORTUNITY FOR PROFIT FROM THE BUSINESS. 2. IN THE EVENT OF A CHANGE OF OWNER, OFFICER, DIRECTOR, .. OR HOLDER OF MORE THAN TEN PERCENT (10%) OF THE SHARES OF STOCK OF A CORPORATE LICENSE HOLDER, PARTNER OF A PARTNERSHIP, OR MANAGER; DISCLOSURE IN WRITING BY AMENDMENT OF THE ORIGINAL APPLICATION FOR THE ISSUANCE OF A PAWNBROKER'S LICENSE THEREOF SHALL BE MADE TO THE LICENSING OFFICER. 3 . NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, NEITHER A NEW LICENSE NOR AN AMENDMENT TO AN EXISTING LICENSE SHALL BE REQUIRED UPON ANY CHANGE , DIRECTLY OR BENEnCIALLY, IN THE OWNERSHIP OF ANY LICENSED PAWNSHOP, WHICH IS OWNED DIRECTLY OR BENEnCIALLY BY A PERSON THAT AS AN ISSUER OF A CLASS OF SECURITIES REGISl'ERED PURSUANT TO SECTION 12, OF THE SECURITIES EXCHANGE ACT OF 1934 (THE "ACT') OR IS AN ISSUER OF SECURITIES WHICH IS REQUIRED TO FILE REPORTS WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO SECTION 15 (d) OF THE ACT, PROVIDED THAT SUCH PERSON FILES WITH THE COMMISSIONER SUCH INFORMATION , DOCUMENTS AND REPORTS AS ARE REQUIRED BY THE PROVISIONS OF THE ACT TO BE FILED BY SUCH ISSUER WITH THE SECURITIES AND EXCHANGE COMMISSION . SUCH ISSUER SHALL FILE WITH THE LICENSING OFFICER INFORMATION ON MANAGERS, OFFICERS AND DIRECTORS OF SUCH ISSUER OF ANY LICENSED OR INTERMEDIATE SUBSIDIARY AS IS OTHERWISE REQUIRED OF MANAGERS, OFFICERS AND DIRECTORS OF CORPORATE PAWNBROKERS . 4. THE APPLICANT OR LICENSE HOLDER SHALL PAY A FEE FOR AMENDMENT OF THE APPLICATION, WHICH FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION . THE NEW MANAGER SHALL BE PHOTOGRAPHED, nNGERPRINTED AND INVESTIGATED AS REQUIRED IN SECTION 15-15-4(E). • • 0 5 • • . ,~ • . ' G. REQUIRED ACTS : 1. A PAWNBROKER SHALL KEEP A NUMERICAL REGISTER IN WHICH SHALL BE RECORDED THE FOLLOWING INFORMATION: THE NAME, ADDRESS, AND DATE OF BIRTH OF THE CUSTOMER; THE CUSTOMER'S DRIVER'S LICENSE NUMBER OR OTHER IDENTIFICATION NUMBER FROM ANY OTHER FORM OF IDENTIFICATION WHICH IS ALLOWED FOR SALE OF VALUABLE ARTICLES PURSUANT TO SECTION 18-16-114 C.R.S .; THE DATE, TIME AND PLACE OF THE CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION; AND AN ACCURATE AND DETAILED .. ACCOUNT AND DESCRIPl'ION OF EACH ITEM OF TANGIBLE PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY TRADEMARK, IDENTIFICATION NUMBER, SERIAL NUMBER, MODEL NUMBER, BRAND NAME, OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY. THE PAWNBROKER SHALL ALSO OBTAIN A WRITTEN DECLARATION OF THE CUSTOMER'S OWNERSHIP WHICH SHALL STATE THAT EACH PIECE OF TANGIBLE PERSONAL PROPERTY IS TOTALLY OWNED BY THE CUSTOMER, OR SHALL HAVE ATTACHED TO SUCH DECLARATION A POWER OF SALE FROM THE PARTIAL OWNER TO THE CUSTOMER, HOW LONG THE CUSTOMER HAS OWNED EACH PIECE OF PROPERTY, WHETHER THE CUSTOMER OR SOMEONE ELSE FOUND THE PROPERTY, AND, IF THE PROPERTY WAS FOUND, THE DETAILS OF THE FINDING. 2. IF THE CONTRACT FOR PURCHASE OR OTHER PURCHASE TRANSACTION INVOLVES MORE THAN ONE ITEM, EACH ITEM SHALL BE RECORDED ON THE PAWNBROKER'S REGISTER AND ON THE CUSTOMER'S DECLARATION OF OWNERSHIP. 3. THE CUSTOMER SHALL SIGN HIS OR HER NAME IN SUCH REGISTER AND ON THE DECLARATION OF OWNERSHIP AND RECEIVE A COPY OF THE CONTRACT OF PURCHASE OR A RECEIPT FOR THE PURCHASE TRANSACTION . 4 . THE CUSTOMER SHALL AFFIX A RIGHT INDEX FINGERPRINT TO THE DECLARATION OF OWNERSHIP. 5. SUCH REGISTER SHALL BE MADE AVAILABLE TO ANY LOCAL LAW ENFORCEMENT AGENCY FOR INSPECTION AT ANY REASONABLE TIME. 6. THE PAWNBROKER SHALL KEEP EACH REGISTER FOR AT LEAST THREE (3) YEARS AFTER THE DATE OF THE LAST TRANSACTION ENTERED IN THE REGISTER. 7 . A PAWNBROKER SHALL HOLD ALL CONTRACTED GOODS WITHIN HIS/HER JURISDICTION FOR A PERIOD OF TEN (10) DAYS FOLLOWING THE MATURITY DATE OF THE CONTRACT FOR PURCHASE , DURING WHICH TIME SUCH GOODS SHALL Bl HELD SEPARATE AND APART FROM ANY O'l1IBR TANGIBLE 6 • --------------------.---------------,·---------------- • 0 I~ • (. PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY . 8. A PAWNBROKER SHALL HOLD ALL PROPERTY PURCHASED BY ffiM/HER THROUGH A PURCHASE TRANSACTION FOR THIRTY (30) DAYS FOLLOWING THE DATE OF PURCHASE, DURING WHICH TIME SUCH PROPERTY SHALL BE HELD SEPARATE AND APART FROM ANY OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY . 9. EVERY PAWNBROKER SHALL PROVIDE THE LOCAL LAW ENFORCEMENT AGENCY, ON A WEEKLY BASIS, WITH TWO (2) COPIES OF THE RECORDS, ON A FORM TO BE PROVIDED OR APPROVED BY THE LOCAL LAW ENFORCEMENT AGENCY, OF ALL TANGIBLE PERSONAL PROPERTY ACCEPTED DURING THE PRECEDING WEEK AND ONE COPY OF THE CUSTOMER'S DECLARATION OF OWNERSffiP FORM. THE FORM SHALL CONTAIN THE SAME INFORMATION REQUIRED TO BE RECORDED IN THE PAWNBROKER'S REGISTER PURSUANT TO SUBSECTION 1, OF TmS SECTION. THE LOCAL LAW ENFORCEMENT AGENCY SHALL DESIGNATE THE DATE OF THE WEEK ON wmcH THE RECORDS AND DECLARATIONS SHALL BE SUBMITTED. 10. EVERY PAWNBROKER SHALL CLEAR, THROUGH THE CITY, PRIOR TO RELEASE, ALL FIREARMS, OTHER THAN THOSE WHICH ARE NEWLY MANUFACTURED AND wmcH HAVE NOT BEEN PREVIOUSLY SOLD AT RETAIL. 11 . EVERY PAWNBROKER SHALL PAY TO THE CITY A FEE FOR EVERY TRANSACTION FORM . THIS FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION . 12. EVERY PAWNBROKER SHALL, AT IDS/HER EXPENSE, KEEP RECORDS OR PROVIDE REPORTS IN SUCH MANNER AND BY SUCH METHODS AS MAY BE DETERMINED FROM TIME TO TIME BY THE LICENSING OFFICER. H. PROHIBITED ACTS : 1. NO PAWNBROKER, EMPLOYEE, OR AGENT OF THE PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION WITH ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS OR WITH ANY PERSON UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGE OR DRUGS . 2. NO PAWNBROKER, EMPLOYEE, OR AGENT OF THE PAWNBROKER SHALL ENTER INTO A CONTRACT FOR THE PURCHASE OR PURCHASE TRANSACTION WITH ANY PERSON KNOWN TO THAT EMPLOYEE OR AGENT TO BE A THIEF OR TO HA VE BEEN CONVICTED OF LARCENY OR BURGLARY, WITHOUT FIRST NOTIFYING THE DEPARTMENT OF SAFETY SERVICES. 7 ..... •. •· , • • . ,~ • •. SUCH NOTICE SHALL NOT BE DEEMED AS AUTHORIZATION BY THE CITY FOR THE PAWNBROKER TO ENTER INTO ANY CONTRACT WITH SUCH PERSON. 3. NO PAWNBROKER SHALL TAKE ANY TANGIBLE PERSONAL PROPERTY FROM A CUSTOMER ON CONSIGNMENT. 4. WITH RESPECT TO A CONTRACT FOR PURCHASE, NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER MAY PERMIT ANY CUSTOMER TO BECOME OBLIGATED ON THE SAME DAY IN ANY WAY UNDER MORE THAN ONE CONTRACT FOR PURCHASE AGREEMENT WITH THE PAWNBROKER WHICH WOULD RESULT IN THE PAWNBROKER OBTAINING A GREATER AMOUNT OF MONEY THAN WOULD BE PERMITTED IF THE PAWNBROKER AND CUSTOMER HAD ENTERED INTO ONLY ONE CONTRACT FOR PURCHASE COVERING THE SAME TANGIBLE PERSONAL PROPERTY. 5. NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER SHALL VIOLATE THE TERMS OF THE CONTRACT FOR PURCHASE . 6. NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION FOR ANY TANGIBLE PERSONAL PROPERTY WHEREIN THE IDENTIFICATION NUMBER, SERIAL NUMBER, MODEL NUMBER, BRAND NAME, OWNER'S IDENTIFICATION NUMBER OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY HAVE BEEN TOTALLY OR PARTIALLY OBSCURED. 7. NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR A PURCHASE TRANSACTION WHEN THE PROPERTY, WHICH IS THE SUBJECT OF THE CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION, IS OTHER THAN TANGIBLE PROPERTY. 8 . NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER SHALL ASK, DEMAND OR RECEIVE ANY GREATER RATE OF INTEREST, COMMISSION AND COMPENSATION THAN THE TOTAL RATE OF ONE-TENTH (1/10) OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS OF FIFTY DOLLARS ($50.00) OR OVER, OR ONE-FIFTH (1/5) OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE ON AMOUNTS UNDER FIFTY DOLLARS ($50.00). NO OTHER CHARGES SHALL BE MADE BY THE PAWNBROKER UPON RENEWAL OF ANY CONTRACT FOR PURCHASE OR AT ANY OTHER TIME. IN THE EVENT ANY SUCH CHARGES ARE MADE, THE CONTRACT SHALL BE VOID. ANY CONTRACT FOR THE PAYMENT OF COMMISSIONS BY THE CUSTOMER FOR MAKINO A CONTRACT FOR PURCHASE OR TANGIBLE PERSONAL PROPERTY SHALL BE NULL AND VOID . 8 ..... .. L!°'"' • • I • • • • '· I. HOLD ORDERS AND SURRENDER OF PROPERTY: 1. ANY LAW ENFORCEMENT OFFICER MAY ORDER A PAWNBROKER TO HOLD ANY TANGIBLE PERSONAL PROPERTY DEPOSITED WITH OR IN THE CUSTODY OF ANY PAWNBROKER FOR PURPOSES OF FURTHER INVESTIGATION . A HOLD ORDER SHALL BE EFFECTIVE UPON VERBAL NOTIFICATION TO THE PAWNBROKER. NO SALE OR OTHER IMPOSITION MAY BE MADE OF SUCH PROPERTY HELD BY ANY PAWNBROKER WHILE THE HOLD ORDER REMAINS OUTSTANDING . A HOLD ORDER SHALL SUPERSEDE ALL OTHER PROVISIONS OF TIUS CHAPl'ER, AND ANY SALE OR OTHER DISPOSITION OF THE PROPERTY AFI'ER THE PAWNBROKER HAS BEEN NOTIFIED OF A HOLD ORDER SHALL BE UNLAWFUL AND A VIOLATION OF THIS SECTION. 2. IF ANY LAW ENFORCEMENT OFFICER DETERMINES THAT ANY ARTICLE OF PERSONAL PROPERTY HELD BY A PAWNBROKER IS STOLEN OR ILLEGALLY OBTAINED PROPERTY, SUCH OFFICER MAY IMMEDIATELY CONFISCATE SUCH PROPERTY AND MUST PROVIDE THE PAWNBROKER WITH A RECEIPT AND CASE REPORT NUMBER. J . LIABILITY OF PAWNBROKER: 1. A PAWNBROKER WHO ACCEPTS ANY ARTICLE IN A PURCHASE OR CONTRACT OF PURCHASE TRANSACTION FROM A CUSTOMER WHO IS NOT THE OWNER THEREOF OBTAINS NO TITLE IN THE ARTICLE EITHER BY REASON OF THE EXPIRATION OF THE CONTRACT OR BY TRANSFER OF THE RECEIPT TO THE PAWNBROKER BY THE CUSTOMER OR HOLDER THEREOF. IGNORANCE OF THE FACT THAT THE ARTICLE WAS LOST OR STOLEN SHALL NOT BE CONSTRUED TO EFFECT THE QUESTION OF THE TITLE. IF THE PAWNBROKER SHALL SELL SUCH ARTICLE TO A THIRD PERSON, THE PAWNBROKER SHALL RECOVER THE ARTICLE OR REIMBURSE THE FAIR MARKET VALUE OF THE ARTICLE . THE LAWFUL OWNER MAY, UPON PROOF OF fUS OR HER OWNERSHIP OF THE ARTICLE LOST OR STOLEN, CLAIM THE SAME FROM THE PAWNBROKER OR RECOVER THE SAME BY THE APPROPRIATE LEGAL MEANS INCLUDING, WITHOUT LIMITATION, FORFEITURE OF THE FAIR MARKET VALUE OF SUCH ARTICLE OUT OF THE BOND REQUIRED BY SECTION 5-15-4(C ). 2. A PAWNBROKER SHALL BE LIABLE FOR THE LOSS OF TANGIBLE PERSONAL PROPERTY OR PART THEREOF OR FOR DAMAGES THERETO, WHETHER CAUSED BY FIRE, THEFT, BURGLARY OR OTHERWISE, RESULTING FROM fUS OR HER FAILURE TO EXERCISE REASONABLE CARE IN REGARD TO IT. K . HOURS OF PAWNBROKERS : IT IS UNLAWFUL FOR ANY PAWNBROKER TO OPERATE DURING THE FOLLOWING HOURS AND ON THE FOLLOWING DAYS : 9 .. • • • t• -' 1. AFI'ER TEN O'CLOCK (10:00) P .M. AND BEFORE EIGHT O'CLOCK (8:00) A.M., MONDAY THROUGH SATURDAY. 2. ON SUNDAY. Sect,ign 2. The Englewood City Council established a temporary smpension or moratorium of certain miBCellaneous business liceDBes for a period of six months with the p888age of Ordinance No . 25, series of 1996 and now removes the following licenses from the moratorium: Pawnbrokers. Sec;tiqn 3. Safety Clau,e1 The City Council, hereby finda, determines, and declares that thia Ordinance ii promulgated under the general police power of the City of Englewood, that it ill promulgated for the health, safety, and welfare of the public, and that this Ordinance ill neceuary for the preservation of health and safety and for the protection of public convenience and welfare. 'nle City Council further determines that the Ordinance bean a rational relation 1D the proper legislative object sought to be obtained. Sect,ign 4 SeverabjJity If any clawie, sentence, paragraph, or part of this Ordinance or the application thereof 1D any penon or circumstances ahall for any reason be adjudged by a court of competent juriadiction invalid, such judgment shall not affect impair or invalidate the remainder at tbia Ordinance or its application to other penons or circumstances. Sect,ign 5 lPCOP•iatent Ordjnanc11 All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the elrtent of such inconaiatency or conflict. Sect,ign 6. Effedi of DlPMI or mgdjficatjgn 'nle repeal or modification of any provision of the Code of the City of Englewood by this Ordinance ahall not release, extinguish, alter, modify, or change in whole er in i-t any penalty, forfeiture, or liability, either civil or criminal, which ahall have ti-incurred under such provision, and each provision ahall be treated and held • atill remaininc in force for the purpoaea of sustaining any and all proper actions, auita, proc:eedinp, and prosecutions for the enforcement of the penalty, forfeiture, or liability,• well u for the purpose of sustaining any judgment, decree, or order which can er may be rendered, entered, or made in such actions, auita, proceedinp, or proMCUtions . Sect,ign 7 . fmalty. 'nle Penalty Provision of E .M.C . Section 1-4-1 ahall apply to each and every violation of this Ordinance. Sect,ign 8. Effective Date This Ordinance ahall go into effect on July 7, 1997 . Introduced, read in full, and paaaed on ftrat nadinc on the 5th day at May, 1997 . Published aa a Bill for an Ordinance on the 8th day at May, 1997 . I 0 ...... • . ' ~ .. I· 0 '32 x l • .:-------------------------------, r • • . . Amended and reintroduced, read in full, and pasaed u amended on the 2nd day of June, 1997. Published u amended on the 5th day of June, 1997. Read by title and puaed on final reading on the 16th day of June 1997. Published by title u Ordinance No . _, Series of 1996, on the 19th day of June, 1997. Thomas J . 8W1U1 , Mayor ATTEST : Louc:riahia A. Ellis, City Clerk I, Louc:riahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoinc is a true copy of the Ordinance paued on final readinr and publiabed by title u Ordinance No. _, Series of 1997. I I . ' .. • 0 ORDINANCE NO. _ SERIES OF 1997 • • • BY AUTHORITY , . COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER WAGGONER/ WIGGINS AN ORDINANCE ENACTING A NEW TITLE 5, CHAPl'ER 16, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUTOMOBILE PAWNBROKERS AND WIDCH REMOVES AUTO PAWNBROKERS FROM ORDINANCE NO. 25, SERIES OF 1996 WIDCH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council establiahed a temporary suspension or moratorium of certain miacellaneous business licemes for a period of m months with the pa1111age of Ordinance No. 25, seriea of 1996; and WHEREAS, the moratorium or temporary suspension included Auto Pawnbrokers licenses; and WHEREAS, the license must be conspicuoualy displayed so its validity can be readily determined; and WHEREAS, the liceme is apecific to the location and liceme holder due to r.oaing and criminal background iuuea •urroundinc this license; and WHEREAS, the liceme requires a bond to insure all requirements cootained in thia Title 5 and Chapter are followed and all customer property is returned by the license holder; and WHEREAS, the license holder must have inaurance in an amount llllfflcient to cover I01111811 that would otherwile be borne by customers of license holder; and WHEREAS, the license holder must IIUbmit to a bac:qround check to protect the public from the poaibility of dealinc with stolen automobiles; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ec;tiop 1. The City Council of the City of Englewood, Colorado hereby enacts a new Title 5 , Chapter 16, of the Englewood Municipal Code 1985, entitled Automobile Pawnbrokers which shall read u follow1 : - 10 b iii .. • • • . ,. • ~. ... CBAPiml.18 AUTOMOBILE PAWNBROKERS SECTION: 5-16-1: DEFINITIONS 5-16-2: LICENSE REQUIRED 5-16-3: APPLICATION FOR LICENSE 5-lM: SPECIAL CONDfflONS AND RESTRICTIONS OF THE LICENSE 1-18-1: DD'INITIONII: FOR THE PURPOSE OF THIS CHAPl'ER, THE FOLLOWING TEB.118, PHRASES, WORDS AND THEIR DERIVATIONS SHALL HAVE THE MEANINGS GIVEN HEREIN. AUTOMOBILE PAWNBROKER: CONTRACT FOR PURCHASE: FIXED PRICE: A PERSON REGULARLY ENGAGED IN THE BUSINESS OF MAKING CONTRACTS FOR PURCHASE OR AUTOMOBILE PURCHASE TRANSACTIONS IN THE COURSE OF BUSINESS. TIUS CHAPTER SHALL NOT APPLY TO NEW OR USED AUTOMOBILE DEALERS UNLESS SPECIFICALLY ADOPl'ED BY ANOTHER SECTION. A CONTRACT ENTERED INTO BETWEEN AN AUTOMOBILE PAWNBROKER AND A CUSTOMER PUBSUANT TO WHICH MONEY IS ADVANCED TO THE CUSTOMER BY THE AUTOMOBILE PAWNBROKER ON THE DELIVERY OF TANGIBLE PERSONAL PROPEBTY BY THE CUSTOMER TO THE AUTOMOBILE PAWNBROKER ON THE CONDfflON THAT THE CUSTOIIBB, FOR A FIDD PRICB AND WITHIN A FIDD PBIUOD or TIIIB, NOT TO ncmm NINETY (90) DAYS, BAS THE OPTION TO CANCBL THE CONTRACT AND RBCOVD l'ROM THE AUTOMOBILE PAWNBRODR THE TANGIBLE PERSONAL PROPERTY . THE AMOUNT AGRBBD UPON TO CANCEL A CONTRACT FOR PURCBASB DURING THE OPTION PERIOD. SAID FIDD PRICB SHALL NOT EXCEED : (1) ONE-TENTH (1/10) or THE ORIGINAL PRICB FOR EACH MONTH, PLUS THE ORIGINAL PURCBASB PRICE, ON AMOUNTS OP PIPTY DOLLARS <*50.00) OR OVER; OR (2) ONB-l'lffll (115) or THE ORIGINAL PURCHASE PRICB FOR EACH MONTH, PLUS THE ORIGINAL PURCBASB PRICE, ON AMOUNTS UNDO ffll'l'Y DOu.AIIS (l&0.00). -2- ' . ) • • 0 I • ·, • FIXED TIME: THAT PERIOD OF TIME, NOT TO EXCEED NINETY (90) DAYS, AS SET FORTH IN A CONTRACT FOR PURCHASE, WITHIN WHICH THE CUSTOMER MAY EXERCISE AN OPTION TO CANCEL THE CONTRACT FOR PURCHASE . LOCAL LAW ENFORCEMENT AGENCY : ANY MARSHAL'S OFFICE, POLICE AGENCY, OR SHERIFF'S OFFICE WITH JURISDICTION IN THE LOCALITY IN WHICH THE CUSTOMER ENTERS INTO A CONTRACT FOR PURCHASE OR A PURCHASE TRANSACTION. OPTION: THE FIXED TIME AND THE FIXED PRICE AGREED UPON BY THE CUSTOMER AND THE AUTOMOBILE PAWNBROKER IN WHICH A CONTRACT FOR PURCHASE MAY BE, BUT DOES NOT HAVE TO BE, RESCINDED BY THE CUSTOMER. POLICE DMSION: THE POLICE DMSION OF THE DEPARTMENT OF SAFETY SERVICES FOR THE CITY OF ENGLEWOOD . PURCHASE : THEPURCHASEBYANAUTOMOBILE PAWNBROKER IN THE COURSE OF BUSINESS. 5-16-2: UCENBE BBQUIRBD: IT SHALL BE UNLAWFUL FOR ANY PERSON TO OFFER OR PROVIDE THE SERVICES OF AN AUTOMOBILE PAWN BROKER WITHOUT FIRST OBTAINING A LICENSE. 5-11-3: APPUCATION FOR UCENBE: AUTOMOBILE PAWNBROKER LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 1, OF THIS TITLE . 5-UM: SPECw. CONDfflON8AND RBS'DUCTION80P '111B UCBNBE: IN ADDITION TO THE REQUIREMENTS IN CHAPTER 1 OF THIS TITLE, THE FOLLOWING SPECIAL CONDfflONS AND RESTRICTIONS APPLY: A. EVERY LICENSEE SHALL DISPLAY A VALID LICENSE IN A CONSPICUOUS PLACE WITHIN THE AUTO PAWNBROKERS ESTABLISHMENT SO IT MAY BE READILY SEEN BY PERSONS ENTERING THE PREMISES. B . LICENSE NOT TRANSFERABLE : ANY LICENSE ISSUED PURSUANT TO THIS CHAPTER SHALL NOT BE TRANSFERABLE. ANY SUCH LICENSE MAY NOT BE TRANSFERRED TO EITHER ANOTHER PERSON OR A LOCATION OTHER THAN THAT LISTED IN THE LICENSE APPLICATION. ANY CHANGE IN THE PARTNERS OF A PARTNERSHIP OR IN OFFICERS, DIRECTORS, OR HOLDERS OF TEN PERCENT (lO'I,) OR MORE OF THE STOCK OF A CORPORATE LICENSEE HOLDING AN AUTOMOBILE PAWNBROKER LICENSE SHALL RESULT IN TERMINATION OF THE LICENSE OF THE -3- ..... • • 0 I• • PARTNERSHIP OR CORPORATION UNLESS A WRITTEN AMENDMENT TO THE ORIGINAL APPLICATION IS MADE. C. BOND REQUIRED : AS PART OF THE LICENSING PROCESS, THE APPLICANT SHALL FURNISH A GOOD AND SUFFICIENT BOND IN A SUM TO BE DETERMINED BY THE CITY AND SET BY RESOLUTION . SUCH BOND SHALL BE CONDfflONED UPON THE FAITHFUL OBSERVANCE OF THE REQUIREMENTS OF THIS CHAPl'ER AND CONDfflONED UPON THE SAFEKEEPING OR RETURN OF ALL ARTICLES IN PLEDGE BY SUCH AUTOMOBILE PAWNBROKER. D. INSURANCE REQUIRED: AS PART OF THE LICENSING PROCESS, THE APPLICANT SHALL PROVIDE FIRE AND PROPERTY DAMAGE INSURANCE FOR ALL PROPERTY THE AUTOMOBILE PAWNBROKER HOLDS BY CONTRACT IN THE MINIMUM AMOUNT OF ONE-HALF (If2) OF SUCH PROPERTY'S CONTRACTED VALUE IN CASE OF DAMAGE OR DESTRUCTION . THE APPLICANT MUST PROVIDE THE LICENSING OFFICER PROOF OF SUCH INSURANCE COVERAGE BEFORE AN AUTOMOBILE PAWNBROKER LICENSE IS ISSUED . PROOF OF THIS INSURANCE COVERAGE MUST BE PROVIDED EACH TIME A REQUEST FOR A RENEWAL IS FILED WITH THE LICENSING OFFICER. E . BACKGROUND INVESTIGATION: APPLICANTS WILL BE SUBJECT TO A POLICE BACKGROUND INVESTIGATION AS PART OF THE APPLICATION PROCESS . F . CHANGE OF OWNERSHIP OR MANAGEMENT : 1. AN AUTOMOBILE PAWNBROKER MAY EMPLOY A MANAGER TO OPERATE THE BUSINESS PROVIDED THE AUTOMOBILE PAWNBROKER RETAINS COMPLETE CONTROL OF ALL ASPECTS OF THE BUSINESS, INCLUDING BUT NOT LIMITED TO, THE AUTOMOBILE PAWNBROKER'S RIGHT TO POSSESSION OF THE PREMISES, HIS/HER RESPONSIBILITY FOR ALL DEBTS, AND THE AUTOMOBILE PAWNBROKER MUST BEAR ALL RISK OF LOSS OR OPPORTUNITY FOR PROffl FROM THE BUSINESS. 2 . IN THE EVENT OF A CHANGE OF OWNER, OFFICER, DIRECTOR, OR HOLDER OF MORE THAN TEN PERCENT (lO'li) OF THE SHARES OF STOCK OF A CORPORATE LICENSE HOLDER, PARTNER OF A PARTNERSHIP, OR MANAGBR, DISCLOSURE IN WRmNG BY AMENDMENT TO THE ORIGINAL APPLICATION FOR THE ISSUANCE OF AN AUTOMOBILE PAWNBROKER LICENSE SHALL BE MADE TO THE LICENSING OFFICER. 3 . NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, NEITHER A NEW LICENSE NOR AN AMENDMENT TO AN EXISTING LICENSE SHALL BE RBQUUlED UPON ANY CHANGE, DIRECTLY OR BENEFICIALLY, IN THE OWNBBSHIP OF ANY LICENSED AUTOMOBILE PAWNSHOP, WIUCH IS OWNED DIRECTLY OR BENEFICIALLY BY A PERSON 111AT AS AN ISSUER OF A CLASS OF SECURITIBS REGISTERED PURSUANT TO SBCl'ION 12 OF THE SECURITIES EXCHANGE ACT OF 1934 <THE "ACl'9) OR IS -4 - •. .. I· • 0 '32xl • • '· AN ISSUER OF SECURITIES WHICH IS REQUIRED TO FILE REPORTS WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO SECTION 15(d) OF THE ACT, PROVIDED THAT SUCH PERSON FILES WITH THE COMMISSIONER SUCH INFORMATION , DOCUMENTS AND REPORTS AS ARE REQUIRED BY THE PROVISIONS OF THE ACT TO BE FILED BY SUCH ISSUER WITH SECURITIES AND EXCHANGE COMMISSION. SUCH ISSUER SHALL FILE WITH THE LICENSING OFFICER INFORMATION ON MANAGERS, OFFICERS AND DIRECTORS OF SUCH ISSUER OF ANY LICENSED OR INTERMEDIATE SUBSIDIARY AS IS OTHERWISE REQUIRED OF MANAGERS , OFFICERS AND DIRECTORS OF CORPORATE AUTOMOBILE PAWNBROKERS . 4. THE APPLICANT OR LICENSE HOLDER SHALL PAY A FEE FOR AMENDMENT OF THE APPLICATION, WHICH FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION . THE NEW MANAGER SHALL BE PHOTOGRAPHED, FINGERPRINTED AND INVESTIGATED AS REQUIRED IN SECTION 5-16-4<El . G . REQUIRED ACTS : 1. AN AUTOMOBILE PAWNBROKER SHALL KEEP A NUMERICAL REGISTER IN WHICH SHALL BE RECORDED THE FOLLOWING INFORMATION : THE NAME, ADDRESS AND DATE OF BIRTH OF THE CUSTOMER; THE CUSTOMER'S DRIVER'S LICENSE NUMBER OR OTHER IDENTIFICATION NUMBER FROM ANY OTHER FORM OF IDENTIFICATION WHICH IS ALLOWED FOR SALE OF VALUABLE ARTICLES PURSUANT TO SECTION 18-16-103 , C.R.S .; OR FOR THE SALE OF SECONDHAND PROPERTY PURSUANT TO SECTION 18-12-114 C.R.S.; THE DATE, TIME AND PLACE OF THE CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION; AND AN ACCURATE AND DETAILED ACCOUNT AND DESCRIPl'ION OF EACH ITEM OF TANGIBLE PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY TRADEMARK, IDENTIFICATION NUMBER, SERIAL NUMBER, MODEL NUMBER, BRAND NAME , OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY. THE AUTOMOBILE PAWNBROKER SHALL ALSO OBTAIN A WRITTEN DECLARATION OF THE CUSTOMER'S OWNERSHIP WHICH SHALL STATE THAT EACH PIECE OF TANGIBLE PERSONAL PROPERTY IS TOTALLY OWNED BY THE CUSTOMER, OR SHALL HAVE ATTACHED TO SUCH DECLARATION A POWER OF SALE FROM THE PARTIAL OWNER TO THE CUSTOMER, HOW LONG THE CUSTOMER HAS OWNED EACH PIECE OF PROPERTY, WHETHER THE CUSTOMER OR SOMEONE ELSE FOUND THE PROPERTY, AND, IF THE PROPERTY WAS FOUND, THE DETAILS OF THE FINDING. -S- ..... .. •· 0 • • •, - '· 2. IF THE CONTRACT FOR PURCHASE OR OTHER PURCHASE TRANSACTION INVOLVES MORE THAN ONE ITEM, EACH ITEM SHALL BE RECORDED ON THE AUTOMOBILE PAWNBROKER'S REGISTER AND ON THE CUSTOMER'S DECLARATION OF OWNERSHIP. 3. THE CUSTOMER SHALL SIGN HIS OR HER NAME IN SUCH REGISTER AND ON THE DECLARATION OF OWNERSHIP AND RECEIVE A COPY OF THE CONTRACT OF PURCHASE OR A RECEIPT FOR THE PURCHASE TRANSACTION . 4 . THE CUSTOMER SHALL AFFIX A RIGHT INDEX FINGERPRINT TO THE DECLARATION OF OWNERSIUP. 5 . SUCH REGISTER SHALL BE MADE AVAILABLE TO ANY LOCAL LAW ENFORCEMENT AGENCY FOR INSPECTION AT ANY REASONABLE TIME. 6 . THE AUTOMOBILE PAWNBROKER SHALL KEEP EACH REGISTER FOR AT LEAST THREE (3) YEARS AFTER THE DATE OF THE LAST TRANSACTION ENTERED IN THE REGISTER. 7. AN AUTOMOBILE PAWNBROKER SHALL HOLD ALL CONTRACTED GOODS WITHIN HIS/HER JURISDICTION FOR A PERIOD OF TEN (10) DAYS FOU.OWING THE MATURITY DATE OF THE CONTRACT FOR PURCHASE, DURING WJUCH TIME SUCH GOODS SHALL BE HELD SEPARATE AND AP/Jff FROM ANY OTHER TANGIBLE PEBSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY . 8. AN AUTOMOBILE PAWNBROKER SHALL HOLD ALL PROPERTY PURCHASED BY HIM/HER THROUGH A PU1ICHASE TRANSACTION FOR TIURTY (30) DAYS FOU.OWING THE DATE OF PURCHASE, DURING WHICH TIME SUCH PROPERTY SHALL BE HELD SEPARATE AND APART FROM OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY . 9. EVERY AUTOMOBILE PAWNBROKER SHALL PROVIDE THE LOCAL LAW ENFORCEMENT AGENCY, ON A WEEKLY BASIS, WITH TWO (2) COPIES OF THE RECORDS, ON A FORM TO BE PROVIDED OR APPROVED BY THE LOCAL LAW ENFORCEMENT AGENCY, OF ALL TANGIBLE PERSONAL PROPERTY ACCEPTED DURING THE PRECEDING WEEK AND ONE COPY OF THE CUSTOMER'S DECLARATION OF OWNERSIUP FORM SHALL CONTAIN THE SAME INFORMATION REQUIRED TO BE RECORDED IN THE AUTOMOBILE PAWNBROKER'S REGISTER PURSUANT TO SUBSECTION 1 OF TIUS SECTION. THE LOCAL LAW ENFORCEMENT AGENCY SHALL DESIGNATE THE DAY OF THE WEEK ON WHICH THE RECORDS AND DECLARATIONS SHALL BE SUBMITTED. -6- .... • \ .. • 0 '32xl • • • • • I • • • 10 . EVERY AUTOMOBILE PAWNBROKER SHALL PAY TO THE CITY A FEE FOR EVERY TRANSACTION FORM. TIUS FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION. 11. EVERY AUTOMOBILE PAWNBROKER SHALL, AT HIS/HER EXPENSE, KEEP RECORDS OR PROVIDE REPORTS IN SUCH MANNER AND BY SUCH METHODS AS MAY BE DETERMINED FROM TIME TO TIME BY THE LICENSING OFFICER. H. PROHIBITED ACTS: 1. NO AUTOMOBILE PAWNBROKER, EMPLOYEE, OR AGENT OF THE AUTOMOBILE PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION WITH ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS OR WITH ANY PERSON UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGE OR DRUGS. 2. NO AUTOMOBILE PAWNBROKER, EMPLOYEE, OR AGENT OF THE AUTOMOBILE PAWNBROKER SHALL ENTER INTO A CONTRACT FOR THE PURCHASE OR PURCHASE TRANSACTION WITH ANY PERSON KNOWN TO THAT EMPLOYEE OR AGENT TO BE A THIEF OR TO HAVE BEEN CONVICTED OF LARCENY OR BURGLARY, WITHOUT FIRST NOTIFYING THE DEPAllTIIENT OP SAFETY SERVICES. SUCH NO'nCE SHALL NOT BE DEEIIBD AS AUTHORIZATION BY THE CITY FOR THE AUTOIIOBILE PAWNBROKER TO ENTD INTO ANY CONTRACT WITH SUCH PERSON. 3 . NO AUTOIIOBILB PAWNB&ODK SHALL TAD ANY TANGIBLE PERSONAL PROPBllTY PBOII A CUSTOIIBR ON CONSIGNIIBNT. 4 . WITH RB8PBCT TO A CONTRACT FOR PURCHASE, NO AUTOIIOBILB PAWNBRODll, BIIPLOYEE OR AGENT OP AN AUTOIIOBILB PAWNBRODK IIAY PERMIT ANY CUSTOIIBR TO BECOIIE OBLIGATED ON TBE SAIIE DAY IN ANY WAY UNDER MORE THAN ONE CONTRACT FOR PURCHASE AGREBIIENT WITH THE AUTOIIOBILB PAWNBROKER WHICH WOULD RESULT IN THE AUTOIIOBILB PAWNBROKER OBTAINING A GREATER AMOUNT OP IIONBY THAN WOULD BB PDll1Tl'ED IP THE AUTOIIOBILB PAWNBRODK AND CUSTOIID HAD ENTBllBD INTO ONLY ONE CONTRACT FOR PURCHASE COVERING THE SAIIE TANGIBLE PERSONAL PROPERTY . 5. NO AUTOMOBILE PAWNBROKER, BIIPLOYEE OR AGENT OP AN AUTOMOBILE PAWNBROKER SHALL VIOLATE THE TDIIS OP THE CONTRACT FOR PUllCJIA8B. 8. NO AUTOIIOBILB PAWNBROKBR, BIIPLOYD oa AGENT or AN AUTOIIOBILE PAWNBROKER SHALL Dn'Bll INTO A CONTRACT FOR PURCHASE OR PURCIL\SB TRANSACTION roa ANY TANGIBLE PUSONAL PROPDTY WIDUIN TIIB mlDfflPICAflON NUIIBD, 8BlllAL NUIIBBR, IIODBL NU11BD, .. • • • • t~ • BRAND NAME, OWNER'S IDENTIFICATION NUMBER OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY HA VE BEEN TOTALLY OR PARTIALLY OBSCURED. 7. NO AUTOMOBILE PAWNBROKER, EMPLOYEE OR AGENT OF AN AUTOMOBILE PAWNBROKER SHALL ASK, DEMAND OR RECEIVE ANY GREATER RATE OF INTEREST, COMMISSION AND COMPENSATION THAN THE TOTAL RATE OF ONE-TENTH (1/10) OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS OF FIFTY DOLLARS ($50.00) OR OVER, OR ONE-FIFTH (1/5) OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS UNDER FIFTY DOLLARS ($50.00). NO OTHER CHARGES SHALL BE MADE BY THE AUTOMOBILE PAWNBROKER UPON RENEWAL OF ANY CONTRACT FOR PURCHASE OR AT ANY OTHER TIME. IN THE EVENT ANY SUCH CHARGES ARE MADE, THE CONTRACT SHALL BE VOID . ANY CONTRACT FOR THE PAYMENT OF COMMISSIONS BY THE CUSTOMER FOR MAKING A CONTRACT FOR PURCHASE OF TANGIBLE PERSONAL PROPERTY SHALL BE NULL AND VOID. I. HOLD ORDERS AND SURRENDER OF PROPERTY: 1. ANY LAW ENFORCEMENT omcER MAY ORDER AN AUTOMOBILE PAWNBROKER TO HOLD ANY TANGIBLE PERSONAL PROPERTY DEPOSITED WITH OR IN THE CUSTODY OF ANY AUTOMOBILE PAWNBROKER FOR PURPOSES OF FURTHER INVESTIGATION . A HOLD ORDER SHALL BE EFFECTIVE UPON VERBAL NOTIFICATION TO THE AUTOMOBILE PAWNBROKER. NO SALE OR OTHER IMPOSfflON MAY BE MADE OF SUCH PROPERTY HELD BY ANY AUTOMOBILE PAWNBROKER WHILE THE HOLD ORDER REMAINS OUTSTANDING. A HOLD ORDER SHALL SUPERSEDE ALL OTHER PROVISIONS OF TIUS CHAPTER, AND ANY SALE OR OTHER DISPOSfflON OF THE PROPERTY APTER THE AUTOMOBILE PAWNBROKER HAS BEEN NOTIFIED OF A HOLD ORDER SHALL BE UNLAWFUL AND A VIOLATION OF THIS SECTION. 2 . IF ANY LAW ENFORCEMENT omCER DETERMINES THAT ANY ARTICLE OF PERSONAL PROPERTY HELD BY AN AUTOMOBILE PAWNBROKER IS STOLEN OR ILLEGALLY OBTAINED PROPERTY, SUCH omCER MAY IMMEDIATELY CONFISCATE SUCH PROPERTY AND MUST PROVIDE THE AUTOMOBILE PAWNBROKER WITH A RECEIPT AND CASE REPORT NUMBER. J . LIABILITY OF PAWNBROKER: 1. AN AUTOMOBILE PAWNBROKER WHO ACCEPTS ANY ARTICLE IN A PURCHASE OR CONTRACT OF PURCHASE TRANSAcrJON FROM A CUSTOMER WHO IS NOT THE OWNER THEREOF OBTAINS NO TITLE IN THE ARTICLE E1THBll BY REASON OF THE EXPIRATION OF THE CONTRACT OR BY TRANSFER OF THE RECEIPT TO THE AUTOMOBILE PAWNBROKE& BY THE CUSTOMER OR HOLDER THEREOF. IGNORANCE or THE FACT -8- .. :1-,"" • I', • • • ,. - THAT THE ARTICLE WAS LOST OR STOLEN SHALL NOT BE CONSTRUED TO EFFECT THE QUESTION OF THE TITLE. IF THE AUTOMOBILE PAWNBROKER SHALL SELL SUCH ARTICLE TO A THIRD PERSON, THE AUTOMOBILE PAWNBROKER SHALL RECOVER THE ARTICLE OR REIMBURSE THE FAIR MARKET VALUE OF THE ARTICLE. THE LAWFUL OWNER MAY, UPON PROOF OF HIS OR HER OWNERSHIP OF THE ARTICLE LOST OR STOLEN, CLAIM THE SAME FROM THE AUTOMOBILE PAWNBROKER OR RECOVER THE APPROPRIATE LEGAL MEANS INCLUDING, WITHOUT LIMITATION, FORFEITURE OF THE FAIR MARKET VALUE OF SUCH ARTICLE OUT OF THE BOND REQUIRED BY SECTION 5-lMC. 2. AN AUTOMOBILE PAWNBROKER SHALL BE LIABLE FOR THE LOSS OF TANGIBLE PERSONAL PROPERTY OR PART THEREOF OR FOR DAMAGES THERETO, WHETHER CAUSED BY FIRE, THEFT, BURGLARY OR OTHERWISE, RESULTING FROM HIS OR HER FAILURE TO EXERCISE REASONABLE CARE IN REGARD TO IT . Section 2. The Englewood City Council established a temporary suapension or moratorium of certain miac:ellaneoua business liceD18S for a period of six months with the paaaage of Ordinance No. 25, aeries of 1996 and now removes the following license from the moratorium: AUTOMOBILE PAWNBROKER Section 3. Safety Clau1u The City Council, hereby finda, determines, and declares that this Ordinance ia promul,ated under the general police power of the City of Englewood, that it ia promul,ated for the health, safety, and welfare of the public, and that this Ordinance is neceaaary for the preeervation of health and safety and for the protection aC public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation 1D the proper legislative object sought to be obtained. $ectjon 4 Severability If any clause, aentence, paragraph, or part of this Ordinance or the application thereof 1D any penon or circumstances shall for any reason be adjudged by a court aC competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persona or circumstances . Section 5 losooulkmt Ordinaosea All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of aucb inconaiatency or conflict. -9- • . .. •· 0 '32 x l • • • • (. S@c;tigp 6 Effert o{ rmeel gr mpdifisatigp The repeal or modification of any proviaion of tbe Code « die City « Englewood by tbia Ordinance aball not release, extinguiah, alter, modify, or change in whole or in s-t any penalty, forfeiture, or liability, either civil or criminal, which aball have ~ incurred under auch proviaion, and each proviaion aball be treated and held • atill remaining in force for the JIIU1lmM aC auataining any and all props actiona, auita, proceeclinp, and proaec:utiona for the enforcement «tbe penalty, forfeiture, or liability,• well aa for the pupae of auataininf any juqment, decree, or order which can or may be rendered, entered, or made in auch actiona, auita, pmcwinp, or proeec:utiona. Sgtigp 7. fmala. The Penalty Provision ofE.11.C. Seeticm l+l aball apply to each and every violation of tbia Ordinance. Sgtigp 8. li'!fl'nc:tiu Date Thia Ordinance aball p into effect on July 7, 1997. lntrocluced, read in full, and pauecl OD tint readinc on tbe 5th day « May, 1997. Publiabed • a Bill for an Ordinance on tbe 8th day «May, 1997. Amended and reintroduced, read in full, and paaaecl • amended on the 2nd day of June, 1997. Publiabed • amended on the 5th day« June, 1997. Read by title and pauecl CID final readiq on tbe 16th day of June, 1997. Publiabed by title u Ordinance No. _, Seri• of 1997, CID tbe 19th day « June, 1997. Tbomu J . BUl'D.I, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk «tbe City« Bapewood, Colando, baeby certify that the above and forepinc ia a true copy « tbe Ordinance paaaed on ftnal reading and publiabed by title u Ordinance No ._, Seriee « 1997. -10- .. • • 0 '32xl • • • • THAT THE ARTICLE WAS LOST OR STOLEN SHALL NOT BE CONSTRUED TO EFFECT THE QUESTION OF THE TITLE. IF THE AUTOMOBILE PAWNBROKER SHALL SELL SUCH ARTICLE TO A THIRD PERSON, THE AUTOMOBILE PAWNBROKER SHALL RECOVER THE ARTICLE OR REIMBURSE THE FAIR MARKET VALUE OF THE ARTICLE . THE LAWFUL OWNER MAY, UPON PROOF OF HIS OR HER OWNERSHIP OF THE ARTICLE LOST OR STOLEN, CLAIM THE SAME FROM THE AUTOMOBILE PAWNBROKER OR RECOVER THE APPROPRIATE LEGAL MEANS INCLUDING, WITHOUT LIMITATION, FORFEITURE OF THE FAIR MARKET VALUE OF SUCH ARTICLE OUT OF THE BOND REQUIRED BY SECTION 5-16-4C. 2. AN AUTOMOBILE PAWNBROKER SHALL BE LIABLE FOR THE LOSS OF TANGmLE PERSONAL PROPERTY OR PART THEREOF OR FOR DAMAGES THERETO, WHETHER CAUSED BY FlRE, THEn, BURGLARY OR OTHERWISE, RESULTING FROM HIS OR HER FAILURE TO EXERCISE REASONABLE CARE IN REGARD TO IT . Sectim. 2. The Englewood City Council established a temporary IIUIJ)(!Dllioo or moratorium of certain miacellaneoua buaioesa licemea for a period of six months with the paaaage of Ordinance No. 25 , aeries of 1996 and now removes the following licellll4! from the moratorium : AUTOMOBILE PAWNBROKER Sectim. 3 Safety Clauffl The City Council, ha-eby finda, determines, and declares that this Ordinance is promulpted under the genenl police power of the City of Englewood, that it is promulpted for the health, llllfety, and welfare of the public, and that this Ordinance is neceuary for the praervation of health and safety and for the protection aC public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation ID the proper legislative object sought to be obtained. Section 4 Seyerabjljty If any clause, sentence, paragraph, or put of thia Ordinance or the application thereof ID any penoo or circumatances ahaU for any reason be adjudged by a court of competent juriadiction invalid, such judpaent shall not affect impair or invalidate the remainder of this Ordinance or ita application to other pel'IIOoa or cin:umatancea. Section 5 Incpnliatcmt Ordinance. All other Ordinancea or portiona thereof incoDBieteot or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such incomiateocy or conflict. -9- ,, • • 0 '32xl • OBDINANCB NO. _ SDIBS OP 118'7 • • • '· BY AUTHORITY ... COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER WAGGONER/ WIGGINS AN ORDINANCE REPEALING TITLE 5 , CHAPl'ER 10, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUTO SALVAGE AND RECYCLED MATERIALS YARDS AND ENACTING A NEW CHAPTER 10, AND WIUCH REMOVES AUTO SALVAGE AND RECYCLED MATERIALS YARDS FROM ORDINANCE NO. 25, SERIES OF 1996 WIUCH PERTAINS TO THE IIORATORIUII OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council establiabed a t.emporary ll1UpeUion or moratorium of certain miac:ellaoeoua buainea lic:enaes for a period of m months with the pueage of Ordinance No. 25, aeries of 1996; and WHEREAS, the moratorium or t.emporary IIUIJl8DIDOD in~udecl Gmm-al U- proviaiooa of auto salvage and recycled materiab yards liceDN9; and WHEREAS, tbia activity ia lic:emed to adequately replate activitiea _.,;eh!d with tbia liceoae that ,ready impact the malth, ufety and well beiDc of the aurrouoclinc o.eighborboocla and buineew; and WHEREAS, tbia licmae requirw that the liceoae bolder comply with apecial conclitiODB and reatric:tiom to eoaure that tbia activity ts-not adftnely impact •urrounclinc oeichborboocla and buainwes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tim 1. 'l1le City Council oft.be City ofEnpewoocl, Colorado hereby repeala Title 5, Chapter 10, oft.be Eqlewood Muoxipal Code 1985, and eucta a -a..-10, which llhall read u followa: SECTION: 5-10.1: DEFINITIONS 5-10.2: LICENSE llEQUlllBD CIIAP'Dl:ll 10 5-10-3 : APPLICATION FOR UCEN8E 5-10-4: SPECIAL CONDfflONS AND RBSTIUCTIONS OF THE UCDIBE 1-1~1: DDINITION8: POil TRE PURP08BS OF THIS CIL\P'l'D., TBB FOLLOWING WORDS AND PHL\8BS SHALL HAVE TBB FOLLOWING MEANINGS : -1- 10 b iv • 0 ACCESS ROAD: ADJOINING: AUTOMOBILE: AUTOMOBILE SALVAGE YARD: CIIIBJI' BUILDING OfflCIAL: PBlllllT: PUIICIIA8S UGl8'l'D: • • • • • THAT AREA PRIVATELY OWNED AND MAINTAINED AND SET ASIDE WlTIDN AN AUTOMOBILE SALVAGE YARD Oil RECYCLING YARD FOil USE AS A PlllB LANE Oil AN INTEllIOll ROAD SY8TBII PROVIDING VEHICULAR ACCESS THROUGHOUT THE AUTOMOBILE SALVAGE AND llECYCLBD MATElllALS YARD Oil RECYCLING YARD . CONTIGUOUS, Oil SBPAllATBD ONLY BY A BBAJl LOI' LINE Oil SIDE LOI' LINE. ANY SBLP PBOPBLLBD, WBPI«BD VBBICLB DBSIGNBD FOR TRAlfBPOllTATION, SHIPPING, oa BBCIIMflON U8B, AND COIIIIONLY PROPELLED BY AN Dl'l"BllNAL COIIBUSTION ENGINE USING A VOLATILE ruBL. AN AREA ALONG Wl'ftl SUCH AOCB880llY BUILDINGS AND STRUCTUBBS AS PBOVIDBD POil iN TID8 CIIAP'l'D, WIIBIIB TIIB PROCESS or AUTOMOBIL8 SALVAOS AND DJSIIANTI.DfG OR 'l'BB 8'l'Oua&, SALB Oil DUIIPING OP DIBIIAN'l'LD, OB80L&'l'S OR waBCDD VEICLD OR PAlffll WF PUVAILS. 'l'Bl8 BIii DOIII ROI' IIICLUDB At7l'OMOBILB IALlil ADAI WW UBD CABS IN A J'UNCTIONAL OONDl'l"IOlf, OR NBW CABS AU STOUD ,moa TO SALB. ALSO, TIIB 'l'BBII SIIALL Nor INCUJDI: ANY PUBLIC PLACB OP DIPOUNDIISNT OI' ABANDONED Oil DIPOUNDBD AUTOIIOBILB8. 'l'BB CIIIBJI' BtJIU)ING OfflCIAL OF 'l'BB Cft'Y or BNGLBWOOD, COLOIW>O, oa TIIB CJIDDI' BUILDING OfflCIAL'S AUfllOIUDD DBSIGNBB. WBlTl'BN PDlllT l8SUBD BY TIIB CIIIBJI' BUILDING OfflCIAL TO CON8'1"RUCT OR ALTD ANY BUILDING, anucnJD OR O'rBD DIPIIOVDIDT IN OR UPON ANY AUTOIIOBILS SALVAOB YAB.D oa aacTCLINO YARD . wan ,&h aacoa, • w AHmao n fllS Clft, ON WIIICII • DPi' Alf AOCUaATS MXXXJlft' AND IWIWFIW o, um AND ALL CW 'ID MIICla ,veeps .. fllll PIIICS PAID, 1MB .......... AND 1'ilS IIAlm AIID o,um -2 - . . • • • .--------------------------- RECYCLABLE : RECYCLING YARD : 0 I • • PERSON MAKING A SALE TO THE LICENSE HOLDER . GOODS OR MATERIALS WHICH ARE NO LONGER USABLE FOR THEIR ORIGINAL PURPOSE OR SERVICEABLE IN THEIR ORIGINAL STATE, BUT MAY BE REDUCED TO THEIR ORIGINAL CONDITION SO THAT THEY MAY BE REPROCESSED AND USED AGAIN . AN AREA WITH SUCH ACCESSORY BUILDINGS AND STRUCTURES AS PROVIDED FOR IN TIUS CHAPTER, WHERE THE SALVAGED GOODS OR MATERIALS ARE BOUGHT, SOLD, EXCHANGED,STORED,BALED,PACKED, DISASSEMBLED OR HANDLED. 5-10.2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD WITHOUT FIRST OBTAINING A LICENSE . 5-10-3: APPLICATION FOR LICENSE. AUTOMOBILE SALVAGE YARD AND RECYCLING YARD LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 1, OF TlllS TITLE. 5-lM: SPECw. CONDfflONB AND IIES'DUCTIONS OF '111B LICEN8E: IN ADDfflON TO THE REQUIREMENTS OF CHAPTER 1 OF TlllS TITLE, THE FOLLOWING SPECIAL CONDfflONS AND RESTRICTIONS APPLY: A. PERMIT TO EXPAND : IT SHALL BE UNLAWFUL TO EXCAVATE, FILL, OR CONSTRUCT ANY BUILDING OR OTHER STRUCTURE, INCLUDING ACCESSORY STRUCTURES, IN OR UPON ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD; OR TO STORE MATERIALS, OR TO CONSTRUCT ENTRANCES OR PARKING LOTS, OR SURFACE ANY AREA, COMMENCE THE MOVING, STRUCTURAL ALTERATIONS, CONVERSIONS, EXTENSIONS, ENLARGEMENTS, ALTERATION OR REPAIR OF STRUCTURES, IN OR UPON ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD UNTIL A BUILDING PERMIT IS ISSUED. AN APPLICATION FOR A BUILDING PERMIT SHALL BE ACCOMPANIED BY A COPY OF TlllS LICENSE AND BY TWO (2 ) COPIES OF A PLAN OR PLAT, DRAWN TO SCALE, SHOWING THE FOLLOWING IN SUFFICIENT DETAIL TO ENABLE THE BUILDING DMSION TO ASCERTAIN WHETHER THE PROPOSED EXCAVATION, FILL, CONSTRUCTION, RECONSTRUCTION OR CONVERSION, MOVING OR ALTERATION IS IN CONFORMANCE WITH THE PROVISIONS OF 'l'HIS CHAPTER: 1. THE ACTUAL SHAPE, PROPORTION, DDIENSIONS, PUBLIC EASEMENTS OR RIGHTS OF WAY AND TOPOGRAPHY OF THE SITE WHERE SUCH PROPOSED CHANGES ARE TO BE MADE ; AND SATISFACTORY EVIDENCE THAT ACTUAL COBNBRS OF -3- •. .. I· ----------~--------------i. • . , . • THE LOT ARE SHOWN AND ARE ESTABLISHED ON THE GROUNDS BY A CERTIFIED SURVEY MADE BY A REGISTERED LAND SURVEYOR OR ENGINEER, SUCH ESTABLISHED CORNERS TO BE MARKED BY PINS SET IN CONCRETE . 2. THE GENERAL SANITARY AND STORM DRAINAGE SYSTEM WHICH SHALL BE SUBJECT TO APPROVAL BY THE CITY. 3. THE SHAPE, SIZE AND LOCATIONS OF ALL BUILDINGS OR OTHER STRUCTURES TO BE ERECTED, ALTERED OR MOVED AND ANY BUILDINGS OR OTHER STRUCTURES EXISTING ON THE LOT . 4. THE EXISTING AND INTENDED USE OF ALL SUCH BUILDINGS OR OTHER STRUCTURES AND LAND. 5. THE DIMENSIONS OF ALL YARDS AND SUCH OTHER INFORMATION CONCERNING THE LOT OR ADJOINING LOTS AS MAY BE ESSENTIAL FOR DETERMINING THAT THE PROVISIONS OF TIDS CHAPTER ARE BEING OBSERVED . 6. THE LOCATION AND WIDTH OF THE ACCESS ROAD(S) TOGETHER WITH THE SIZE OF THE STORAGE AREAS . 7 . ANY OTHER INFORMATION AS MAY BE REQUIRED BY THE BUILDING CODE . B . LOCATION, SPACE AND GENERAL LAYOUT : AUTOMOBILE SALVAGE AND RECYCLING YARDS SHALL BE LOCATED ON WELL DRAINED SITES AND SHALL BE SO LOCATED THAT ITS DBAINAGE WILL NOT ENDANGER ANY WATER SUPPLY. ALL SUCH USES SHALL BE IN AREAS FREE FROM SWAMPS OR OTHER POTENTIAL BREEDING PLACES FOR INSECTS OR RODENTS. 1 . ACCESS ROADS . a . ACCESS ROADS, AS DEFINED AND REQUIRED BY TIUS CHAPTER, SHALL BE KEPT OPEN AT ALL TIIIES AND FREE FROM OBSTRUCTION AS FIRE LANES. SUCH ROADS MUST BE KEPI' GRADED AND DRAINED AT ALL TIIIES. b. SUCH ACCESS ROADS SHALL BE PROVIDED AS ARE NECESSARY THROUGHOUT THE LICENSED PREIIISES TO INSURE ADEQUATE HEALTH AND FIRE PROTECTION FOR THE DISTRICT IN WHICH THE YARD IS LOCATED; SUCH ROADS SHALL BE PROVIDED ACCORDING TO THE SPECIFICATIONS HEREINAFTER SET FORTH, AND SHALL BE APPROVED BY THE DIBBCTOB OF SAPETY SEBVICES AND THE DIRECTOR OF PUBLIC WORKS, OB THEIR AUTHORIZED DESIGNEES. c. THE MINIMUM WIDTH FOB TWO.WAY ACCESS ROADS SHALL BE TWENTY FIVE nE'l' (25'); FOB ONE-WAY ACCESS -4- •. ... •. -4 l ''I ' .. • . ,. - ROADS, THE MINIMUM WIDTH SHALL BE FIFTEEN FEET (15'). CURVES ON ALL ACCESS ROADS SHALL HAVE A MINIMUM INSIDE RADIUS OF NOT LESS THAN TWENTY FEET (20'). 2. INGRESS AND EGRESS FROM PUBLIC STREETS. THE LOCATION AND SIZE OF DRIVEWAYS LEADING TO AND FROM THE PUBLIC STREET TO ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD SHALL BE SUBJECT TO THE FOLLOWING CONDfflONS: a. NO PORTION OF ANY DRIVEWAY SHALL BE CLOSER THAN THIRTY FEET (30') TO THE CURB LINE OF A STREET INTERSECTION, NOR CLOSER THAN TEN FEET (10') TO A FIRE HYDRANT, CATCH BASIN, END OF CURB RADIUS AT CORNERS OR PROPERTY LINE OF AN INTERSECTING STREET. b. THE WIDTH OF ANY DRIVEWAY SHALL NOT EXCEED TWENTY FIVE FEET (25') MEASURED ALONG ITS INTERSECTION WITH THE PROPERTY LINE. c. NO TWO (2) DRIVEWAYS FROM THE SAME USE SHALL BE WITHIN THIRTY FEET (30') OF EACH OTHER MEASURED ALONG THE DRIVEWAYS INTERSECTION WITH THE CURB LINE. 3. OFF-STREET LOADING REQUIREMENTS. OFF-STREET LOADING BERTHS OR FACILITIES FOR OFF-STREET LOADING FOR ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD SHALL BE LOCATED COMPLETELY WITHIN THE CONFINES OF THE REQUIRED WALL OR FENCE SURROUNDING THE YARD. C . SANITATION AND FIRE PROVISIONS: 1. WATER SUPPLY. a . AN ACC~mLE, ADEQUATE AND SAFE SUPPLY OF SAFE, POTABLE WATER SHALL BE PROVIDED TO EVERY AUTOMOBILE SALVAGE YARD AND RECYCLING YARD . b. ALL WATER SUPPLY FACILmES, I.E., PIPES, VALVES, OUTLETS, SHALL BE OPEN TO INSPECTION BY THE ClilEF BUILDING OFFICIAL OR ANY OTHER DULY AtmlORIZED PERSON . c . THE DEVELOPMENT OF AN INDEPENDENT WATER SUPPLY TO SERVE ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD SHALL BE MADE ONLY APTEll EXPllBSS APPROVAL HAS BEEN GRANTED BY THE DEPARTMENT OF PUBLIC HEALTH OF THE STATE OF COLORADO . 2. SEWAGE DISPOSAL. ALL SEWAGE DISPOSAL SHALL BE IN ACCORDANCE WITH nus CODE AND ALL PLUMBING IN ANY -S- • .. ---------:-----------------_, - AUTOMOBILE SALVAGE YARD OR RECYCLING YARD SHALL COMPLY WITH THE PLUMBING LAWS AND HEALTH REGULATIONS OF THE CITY, COUNTY OF ARAPAHOE, TRI-COUNTY DISTRICT HEALTH DEPARTMENT AND STATE OF COLORADO . 3. REFUSE DISPOSAL . a . THE STORAGE , COLLECTION AND DISPOSAL OF REFUSE IN OR UPON ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD SHALL BE SO MANAGED AS TO AVOID HEALTH HAZARDS , RODENT HARBORAGE , INSECT- BREEDING AREAS , ACCIDENT HAZARDS OR AIR OR ENVIRONMENTAL POLLUTION . b. MATERIALS OR WASTES SHALL BE SECURED UPON THE LICENSED PREMISES IN SUCH MANNER THAT THEY CANNOT BE CARRIED OFF THE PREMISES BY NATURAL CAUSES OR FORCES . c . ALL MATERIALS OR WASTES WHICH MAY CAUSE FUMES, DUST, OR ARE EDIBLE OR ATI'RACTIVE TO RODENTS OR INSECTS SHALL NOT BE STORED OUTDOORS UNLESS PLACED IN CLOSED CONTAINERS. 4. FIRE PROTECTION. i. ALL AREAS SHALL BE KEPI' FREE OF LI'ITER, RUBBISH AND OTHER FLAMMABLE MATERIALS. ii. FIRE EXTINGUISHERS SHALL BE MAINTAINED , THE NUMBER, KIND AND LOCATION OF WlilCH SHALL BE APPROVED BY THE DIRECTOR OF SAFETY SERVICES OR THE FIRE MARSHALL. D. GENERAL REGULATIONS : 1. EVERY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD SHALL BE ENCLOSED ON ITS PERIMETER WITH A SOLID , NONTRANSPARENT VERTICAL WALL OR FENCE WITH A MINIMUM HEIGHT OF SIX FEET (6') AND A MAXIMUM OF TWELVE FEET (12') MEASURED FROM GROUND LEVEL. EVERY GATE FOR ANY SUCH YARD SHALL BE OF SOI.JD NONTRANSPARENT CONSTRUCTION OF NEW OR USED MATERIAL IN REASONABLY GOOD CONDITION . EACH SUCH GATE SHALL BE THE SAME HEIGHT AS THE WALL OR FENCE . THE LICENSE HOLDER SHALL MAINTAIN ALL WALLS, FENCES, AND GATES IN GOOD CONDITION. 2. WALLS , FENCES, AND GATES SHALL NOT HAVE ANY SIGNS, POSTERS, OR OTHER ADVERTISEMENT EXCEPI' THAT NEEDED TO IDENTIFY THE I.JCENSED BUSINESS. -6 - •. .. •· , • • . , . • 3 . MATE~ SHALL NOT BE STACKED SO THEY ARE VISIBLE ABOVE THE SURROUNDING WALL, FENCE, OR GATE FROM GROUND LEVEL . 4. ALL OPERATIONS, INCLUDING TEMPORARY STORAGE, SHALL BE CONFINED TO THE INTERIOR OF THE LICENSED PREMISES. 5. THE STORAGE OF ALL RECYCLABLE MATE~ OR AUTOMOBILES SHALL BE CONDUCTED IN A SAFE MANNER. 6 . ALL OPERATIONS SHALL BE CONDUCTED IN A MANNER THAT DOES NOT EMIT ANY OBNOXIOUS OR DANGEROUS NOISE, VIBRATION, DUST, HEAT, GLARE, RADIATION, ODORS, FUMES, GAS OR SMOKE BEYOND THE BOUNDARIES OF THE LICENSED PREMISES . 7 . THE LICENSE HOLDER SHALL NOT ALLOW ANY MATERIAL TO BE BURNED ON THE LICENSED PREMISES. 8 . ALL CHEMICALS AND FLUIDS, INCLUDING BUT NOT LIMITED TO GASOLINE, OIL, TRANSMISSION FLUID, BRAKE FLUID, AND RADIATOR FLUID SHALL BE DRAINED AND STORED IN COMPLIANCE WITH THE PROVISIONS OF THIS CODE AND APPLICABLE STATE AND FEDERAL REGULATIONS . THESE PROVISIONS DO NOT APPLY TO VEHICLES IN PROPER OPERATING CONDITION . 9. ALL BATTERIES SHALL BE STORED IN A MANNER THAT PROTECTS THE PUBLIC FROM FIRE, FUMES, LEAKAGE, AND ANY OTHER HAZARDS . 10. ADVERTISING SIGNS MUST NOT FLASH OR CAST GLARE ON ANY SURROUNDING RESIDENTIAL AREA OR CONFLICT WITH ANY TRAFFIC CONTROL DEVICES. E . MANAGEMENT AND OPERATION : THE LICENSE HOLDER, MANAGER, OR OTHER PERSON IN CHARGE OF THE LICENSED PREMISES SHALL: 1 . KEEP A WRITTEN PURCHASE REGISTER, ON FORMS APPROVED BY THE CITY. THE REGISTER SHALL BE OPEN FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE CITY AT ANY REASONABLE TIME. 2. MAINTAIN THE LICENSED PREMISES IN A CLEAN, ORDERLY AND SANITARY CONDfflON AT ALL TIMES . 3. ENSURE ALL THE PROVISIONS OF THIS CHAPTER ARE COMPLIED WITH AND ENFORCED. Seg;tign 2 . The Englewood City Council eetabliahed a temporary 1uapenaion or moratorium of certain miacellaneoua buaineu licenNI for a period of m months with the paaaage of Ordinance No . 25, aeries of 1996 and now removea the foUowint licenan from the moratorium : -7- •· I OIi I ~ . 11 I I~ It~ li}~llll! !Jf l~~f! Jff!!f~ t l ! 1 i 11 l';!tt•~ ,. i!t' tJ~rfl I If; i ,~ il111~,, lt · ]!!II ,~1J1ff 1 l f I 1' 1'' i,1 ,!flf!. J·l. ~,,l(i lfirJji ~ B' 8 a f f fl(a.•f f 'f sf · a aJ tfi i J: r I ' n: · ·t r ! 1 l' f t. ~ ,1!11~1!~ i.t. ll}~ !t~i!' ! , i i J t:~ji[f!~ i~ ~ii~ ~!!•If i ! 1 ~ f t~1Jf11 1t JI f!t1 ;!111- 15. ! ~ f . !1· S' la. Jf scffa. 11 a.a.· f · r rt!i i2J! l i!! f. 12:!rrl r I . . •: ' ... . ' ' ~ , , • • • • .. Publillhed u amended OD the 5th day of June, 1997. Read by title and puaed OD final reading on the 16th day of June, 1997. Publillhed by title u ()rdinance No. __, Series of 1997, on the 19th day of June, 1997. TbomM J . Burm, Ma,- ATTEST : Lc,ucriabi• A. Ellia, City Clerk I, Lc,uc:riabia A. Ellia, Ci~ Clerk of tbe City of EnpeWUOd, Colando, baebJ certify that tbe abc,ve and forepinl ia a true copy of tbe QrdmaDC8 ...... CID tmal readinl and publiabed by title u ()rdinallce No. _. Seriea of 1997. L,-.1" ... A. l:Dil " ' "' • . " .. • 1 32x l .. • ----------------.~--------------~,,.,~---------------- ORDINANCE NO. _ SERIES OF 1997 0 • BY AUTHORITY I,• COUNCIL BILL NO . 46 INTRODUCED BY COUNCIL MEMBER HABENICHT/ VORMITTAG AN ORDINANCE AMENDING TITLE 16, CHAPI'ER 4, SECTIONS 10, 12, AND 13, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PROIDBITING PAWNBROKERS AND AUTO PAWNBRO IN THE B-1 BUSINESS DISTRICT; ALLOWING PAWNBRO UTOMOBILE PAWNBROKERS AS PERMITl'E RINCIPl.E ES IN THE B-2, BUSINESS DISTRICT WITH DISTANCING RE ; AND ALLOWING PAWNBROKERS AND AUTOMOBILE PA~IN THE 1-1 INDUSTRIAL DISTRICT AS PERMITl'ED RINCIP SES WITH NO RESTRICTIONS. WHEREAS, the City Council of the City of Englewood, Colorado hu Bet the goal of improving the business and residential quality of life in the City; and WHEREAS, the 1979 Englewood Comprehensive Plan aims to preserve and protect the residential nature of the Englewood community; and WHEREAS, the 1979 Englewood Comprehensive Plan aims to create a balance of commercial uaes to reflect the character of the neighborhood; and WHEREAS, the purpoee of the 1997 South Broadway Adion Plan ia to create a balanced and vital commen:ial and residential environment in the South Broadway corridor; and WHEREAS, the citizens of the City have up~ concerna n,prdinc the concentration of pawnbrokers and automobile pawnbrokers in the Englewood community; and WHEREAS, the regulation of pawnbrokers and automobile pawnbrokers ia reaaonable because of the opportunity such buainetlBN offer to criminala for disposition of stolen gooda; and WHEREAS, a concentration of pawnbrokers and automobile pawnbrokers gives the public a perception of a decline in the economic health and quality of life in the community; and WHEREAS, the effect of the diatanc:inc requirements ia two fold : firat, it limits the total number of pawn buain-that can locate on Broadway apec:ifically and in En1lewood generally; and aecondly, it prevents a future concentration of pawn businesaea; and WHEREAS, this zoninc recu)ation ia deaiped to protect the health, ufety and welfare of the citizens of Englewood; and ..... ' 10 b V .. ,. 0 1 32xl • • • ·, • <. WHEREAS, these factors create a reasonable basis to distinguish between pawnbrokers, automobile pawnbrokers and other types of businesses under this zoning ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council hereby amends Title 16, Chapter 4, Section 10, Subeection E, by the addition of a new Paragraph 8, which shall read as follows : 16+10: B-1 BUSINESS DJS'l1UCI': E. Prohibited Uses. 1. Adult entertainment and service establishments. 2. Manufacturing. 3 . Outdoor storage of materials, supplies and equipment on private and public property. 4. The outdoor display, storage or sale of clothing or household appliances, furniture or other items commonly used in a home, whether on private or public property. 5. Warehousing of products or items not sold on the premises. 6 . Sale at wholesale . 7. Sales or service activity shall not be allowed &om any temporary structure or vehicle unless a building permit application baa been submitted for a permanent building or structure to replace the temporary structure. 8 . PAWNBROKERS AND AUTOMOBILE PAWNBROKERS AS DEFINED BY AND WIUCH ARE REQUIRED TO BE LICENSED UNDER TITLE 5 OF TlllS CODE . Sectign 2. The Englewood City Council hereby amends Title 16, Chapter 4, Section 12, Subeection C, by the addition of new Paragraphs 13 and 14 which shall read as follows : 16+12: B-2 BUSINES8 DJS'l1Ucr: C. Permitted Principal u-. No building, structure, or land shall be uaed, and no building or structure Bhall be erected, structurally altered, en1arpd or maintained unleBB otherwise provided for in this Ordinance, except for one or more of the following uses: 1. Any use permitted in the B-1 Buaineu Diatric:t. 2 . Animal hOBpitala, kennela to be encloeed and rum encloeed by a fence •ix feet (6') high. 2 ..... ., I· • • • • (. 3. Auction houses. 4. Automobile leasing. 5. Automobile sales at retail by a dealer licenaed by the State of Colorado, including services and accessories. 6. Drive-in eating or drinking establishments. 7. Adult entertainment shall be permitted ao long as it complies with the following requirements: a. No adult entertainment or service facility shall be located on any site unless such site is not less than the distance limitation as required by this Section. (1) One thousand feet (1,000') from the location of another such adult entertainment or service facility. (2) Five hundred feet (500') from the boundary line of any residential district defined in the Comprehensive Zoning Ordinance, as amended, including, but not limited to, R-1-A, R-1-8, R-1-C, R-1, R-2-C, R-3 or R-4 or similar residential zone diatrict in an area acijoining the City of Englewood, or any religious i.natitution, public park, public library, community center, or educational institution, whether within or without the City of Englewood. b. Meuurement of Diatance. All diatancea provided herein ahall be meuured as follows: ( 1) With respect to the distance between a location fur which an adult entertainment or service facility is propoeed and a location where such a facility uiata, the distance ahall be measured by fullowing a straight line from the nearest point of the property line of the propoaed licenaed premiaN to the nearest point r4 the property line of the emting licenaed premises. (2) With respect to the distance from the boundary line of a residential district or any religioua institution, public park, public library, community center, or educational institution, the cliatance shall be measured by following a straipt line from the neuwt point at the property line r4 the propoaed licenaed premiaN to the neareat point of the diatrict boundary line; or in the cue of a relipoua institution, public park, public library, community center, or educational institution, the diataDce shall be measured by following a straipt line from the neuwt point at the property line of the propoeed licenaed pNmiaN to the neareat point of the property line of a religioua i.natitution, public park, public library, community center, or educational institution. 3 •· • • • • .. (3) Where the proposed location of an adult entertainment or service facility is a vacant parcel of land upon which no permit has been issued for the construction of a building, all distances shall be measured from the nearest point of the property line of the land propoaed as a location for an adult entertainment or service facility . Where the propoeed location of an adult entertainment or service facility ii a vacant parcel of land upon which a permit baa been iuued for the construction of a permanent building for such 11.18, all distances shall be measured from the nearest point of the property line as shown on the survey of such parcel of land. 8 . Feed and seed stores (exclucijng the sale or storage of hay). 9 . Food locker storage. 10. Hospitals and convalescent homes. 11 . Mortuaries. 12. Motels. 13. ia-Mllp8 llll4 HHllli h81lli ·-· 13. PAWNBROKERS AND AUTOMOBILE PAWNBROKERS. A. NO PAWNBROKER OR AUTOMOBILE PAWNBROKER, AS DEFINED BY AND WHICH IS REQUIRED TO BE LICENSED BY TITLE 5 OF TIUS CODE SHALL BE LOCATED ON ANY SITE UNLESS SUCH SITE IS NOT LESS THAN 'l1IE DISTANCE LIMITATION AS REQUIRED BY TIUS SECTION. (1) DISTANCE LDOTATION. 'l1IE BUSINESS PREMISES OF A PAWNBROKER OR AUTOMOBILE PAWNBROKER SHALL NOT BE LOCATED WITHIN FIVE 'nlOUSAND FEET OF 'l1IE BUSINESS PREMISES OF ANOTHER PAWNBROKER OR AUTOMOBILE PAWNBROKER . 8 . MEASUREMENT OF DISTANCE . ALL DISTANCES PROVIDED HEREIN SHALL BE MEASURED AS FOLLOWS: (1) WITH RESPECT TO 'l1IE DISTANCE BETWEEN A BUSINESS PREMISES FOR WHICH A PAWNBROKER OR AUTOMOBILE PAWNBROKER IS PROPOSED AND THE BUSINESS PREMISES 0~ AN EXISTING PAWNBROKER OR AUTOMOBILE PAWNBROKER, THE DISTANCE SHALL BE MEASURED BY FOLLOWING A STRAIGHT LINE FROM 'l1IE NEAREST POINT OF 'l1IE PROPERTY LINE OF 'l1IE PROPOSED LICENSED PREMISES TO 'l1IE NEAREST POINT OF 'l1IE PROPERTY LINE OF 'l1IE EXISTING PAWNBROKER OR AUTOMOBILE PAWNBROKER. 4 ..... .. • ,J • 0 1 32xl • • • , . • (2) MEASUREMENTS BASED ON THE l':100' ARAPAHOE COUNTY ASSESSOR MAPS SHALL BE DEEMED ACCEPI'ABLE FOR THIS PURPOSE. 14 . SECOND HAND STORES. l+. 15 . Recreational vehicles and boats, sales or lease. ~-16. Residential use: must conform to the development requirements of the R-3, High-Density Residence District. i&. 17 . Any similar lawful use, which, in the opinion of the Commission, is not objectionable to nearby property by reason of noise, odor, dust, smoke, fumes, gas, heat, glare, radiation or vibration, or is not hazardous to the health and property of the surrounding area through danger of fire or explosion. $ection 3 . The Englewood City Council hereby amends Title 16, Chapter 4, Section 13, Subsection C, with the addition of a new paragraph 16, which shall read as follows : 16-4-13 : 1-1 LIGHT INDUSTRIAL DISTRICT: C. Permitted Principal Uses. No land shall be used or occupied and no structure shall be designed, erected, altered, uaed or occupied, except for one or more of the following uses: 1. Any use permitted in the B-2 Business District ucluclinc rmidential use ucept u permitted in subsection C2, mobile bame parka. Each permitted use from the B-2 7.ooe Diatrict muat alao comply with all the restrictiona and requirement.a set forth in the Nctioo eatabliahinc or allowing the permitted use unless specifically modified by this Section. 2 . Mobile Home Park Development, aee Development Procedure and Standards, subsections N and O of this Section. 3 . Manufacturing, procening and/or fabrication . The manufacturing, procening and/or fabrication, u enumerated and limited herein, of any commodity except the following which are prohibited: Abruivea, buic manufacture. Alcoholic distillation. Animal by-products, basic manufacture and prc>CNBing . Asphalt, manufacture and proceaaing. Bone black, basic manufacture. Carbon black or lamp black, basic manufacture. Charcoal, buic manufacture. Chemicals, heavy or induatrial, basic manufacture or proceaaing. Cinder and cinder blocb, basic manufacture or processing. Coal or coke, manufacture or proceaaing. Concrete and concrete products, manufacture or fabrication . Deterpnta, soaps and by-products, using animal fat, basic manufacture. Fermented fruit.a and veptable producta, manufacture. 5 ..... • . •· • 0 '32xl • • • • Fertilizers, manufacture or processing. Fungicides, manufacture. I • G88111!8, other than nitrogen and oxygen, manufacture. Glass manufacture. Glue and size, manufacture. Grain milling. Graphite, manufacture. Gypsum and other forms of plaster base, manufacture. Insecticides, manufacture. Insulations, flammable types, manufacture or fabrication. Matches, manufacture. Meat slaughtering. Metals, extraction or smelting. Metals, ingots, pip, aheeta, or ban, manufacture. Metal shredding, auto shredding and similar operations. Oils and fata, animal and vegetable, manufacture. Paints, pigments, enamels, japans, lacquen, putty, varnishes, whiting, and wood fillers, manufacture or fabrication. Paper pulp and celluloee, buic manufacture. Paraffin, manufacture. Petroleum and petroleum products, manufacture or proceuing. Portland and similar cementa, manufacture. Rubber, manufacture, or reclaiming. Sawmill or planing mills. Seruma, tonna, viruaN, manufacture. Supra and starches, manufacture. Tannery. Turpentine, manufacture. Wu and wu producta, manufacture. Wood~ by~ or other ,._ure impnpation of wood by preNrVatiYea . 4 . Sale at wholeaale or ltonp. 'lbe ale at~. tbe warebouaing and/or atorap of any commodity acept tbe foUowing wbieb are prabibited: a. Live farm animals. b. Commercial e:q,l011ivea. c. Above-lJ'OUlld built 1torap of flammable liquids or ,-, unleu and only to tbe utent that the at.orap of aw:h liquids or ..-ia direc:tly connected with IS81'1Y or beating clevicea on tbe pnmiaN or to SWYice railroad locomotive1 . 5 . Sale at retail . The sale at retail of the following: a . Hardware. b. Ally commodity manufactured, proceaaed, fabricated or warehouaed OD the premiaea . c. Equipment, supplies and materials (acep& c:ommerc:ial aploaivea) daaipad eapacially for uae in qricultun, mininf, iDclaatry, buaiDNa, transportation, builclin, and other conatnactiaD . 6 • • 0 : ': t· 1 J2xl • • • • 6. Repair, rental and servicing. The repair, rental and servicing of any commodity, the manufacture, processing, fabrication, warehousing or sale of which commodity is permitted in this District. 7. Contractor yard for vehicles, equipment, materials and/or supplies. A contractor yard for vehicles, equipment, materials, and/or supplies which complies with all of the following conditions: a. Is properly graded for drainage, surfaced with concrete, upbalt, oil or any other dust-free surfacing and maintained in good condition, free of weeds, dust, trash and debris. b. Is provided with barriers of such dimensions that occupants of acljacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles, machinery, equipment or supplies. c. Is provided with entrances and uits 80 located u to minimize traffic congestion. d. Is provided with barriers of such type and 80 located that no parked vehicles will eir:tend beyond the yard space or into the required screening area if acljoining or acljacent to a residential district. e . Lighting facilities are so arranged that they neither unreasonably disturb occupants of acljacent residential properties nor interfere with traffic . 8. Greenhouae. 9. Newspaper diatribution atation. 10 . Parking and/or commercial storap of operable vehicles. 11 . Railroad facilities, but not includinc abopa. 12. School for training in occupational lkilla, enrollment may be open to the public or limited, may include dormitories for students and inatructors. 13. Terminal for intracity or intercity vehicles for movement of persona of freight . 14. Warehousing and/or storage. 15. Recycling operations, includi.n, but not limited to the proceuinc of batteries, construction wute, food wute, glaas, metala and/or alloys, papers, plutics and tiree which compliea with condition a. u li8ted below. Buy back centers that do not proc:eu recycled materials and at.ore their materials within an endOled structure or a roll-off CODtainer, •mi-trailer, or similarly self-contained apparatus aball be exempt from thia 111bNc:tion Cl5. a . The manufac:turin( of all materials aball occur within an endONCI structure. The 1torap of materials may occur outaide of the atructure 7 .... ;- ... • • • ,. - providing said storage is in a roll-off container, semi-trailer, or similarly self-contained apparatus . For operations not conducted within an enclosed structure, see subsection Jld of this Section. 16. PAWNBROKER AND AUTOMOBILE PAWNBROKER. 17 . Any similar lawful use which, in the opinion of the Commission, is not objectionable to nearby property by reason of odor, dust, smoke, fumes , gas, heat, glare, radiation or vibration, or is not hazardous to the health and property of the surrounding area through danger of fire or explosion . Section 4. Egi1tjng Pawnbrokeo . Any pawnbroker or automobile pawnbroker in existence prior to the effective date of this ordinance, but which does not conform to the limitations established by this ordinance, shall be nonconforming and subject to the foll~g conditions: The pawnbroker or automobile pawnbroker shall be required to be registered with the City within thirty (30) days of the effective date of this ordinance. A nonconforming use, allowed pursuant to this Section, may remain at its location as a legal nonconforming use subject to the termination requirements of nonconforming uses as described in this Title. Because it is a purpose of this Ordinance to eliminate nonconforming pawnbroker and auto pawn uses. No pawnbroker or auto pawn nonconforming use shall be resumed if it has been discontinued for a continuous period of at least one hundred and eighty days or would terminate as provided for in the general nonconforming use provisions of this Title. Section 5. Safety Clau1e& The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public , and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bean a rational relation ID the proper legislative object sought to be obtained. Section 6. Seyerabjljty If any clauae, sentence, paragraph, or part of this Ordinance or the application thereof ID any penon or circwnstances aball for any reason be adjudged by a court of compet.ent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or cin:umBtances . Section 7 InconRjetent Ordjnancee All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Sectjon 8. Effec;t of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of ·the penalty, forfeiture, or liability, u well u for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedinp, or proMCUtiona . 8 ...... I· • 0 '32xl • • ,.. • .. • . . . Sec;tign 9. &.DaJ.tx. The Penalty Proviaion of E.M.C. Section 1-4-1 shall apply to each and every violation of tbia Ordinance. Soc;tiqp 10. M1'Gl?Ye Dat,c 'lbia Ordinance shall go into effect on July 7, 1997. Introduced, read in full, and puaed on fint reading Oil the 5th day of May, 1997. Publiabed u a Bill for an Ordinance on the 8th day of May, 1997. Amended and reintroduced, read in full, and puaed u amended on the 2nd day of June, 1997. Publiahed u amended Oil the 5th day of June, 1997. A Public Hearing wu held Oil June 2, 1997. Read by title and puaed Oil final readinc OD the 16th day of June, 1997. Publiahed by title u Ordinance No._. Seriea of 1997, on the 19th day of June, 1997. Tbomu J. Burna, llayar ATTEST : Louc:riabia A. Ellia, City Clerk I, Loucrilbia A. Ellia, City Clerk of the City of ......... Colando,--, certif)' that the abaft and fansaial ia a true capJ oltbe ~ ..-1 GD laal reamn, and publiabed by title u OrdinaDce No. __, Serial of 1997. 9 • ' ' . ~ .. • 0 1 32xl • OBDINANCB NO. _ SBBIES OP 1111'7 • BY AUTHORITY COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER WAGGONER/ WIGGINS AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECl'IONS 10, 12, 13 AND 14, AND CHAPl'ER 8, SECTION l, OF THE ENGLEWOOD MUNICIPAL CODE 1985, TO SPECIFICALLY PROHIBIT TEMPORARY EMPLOYMENT SERVICES IN B-1 AND B-2 BUSINESS DISTRICTS AND TO ALLOW TEMPORARY EMPLOYMENT SERVICES AS A CONDfflONAL USE IN THE 1-1 AND 1-2, INDUSTRIAL DISTRICTS, WITH DISTANCE REQUIREMENTS. WHEREAS, the City Council oft.be City of Englewood. Colondo bu set the goal of improving the buainNa and reliclential quality of life in the City; and WHEREAS, the 1979 Englewood Comprebenaive Plan aiml to create a balance of commercial uaN to retJec:t the c:hanlcter alt.be oeipborbood; and WHEREAS, temporary ~t ~ are not c:urrently a specifically permitted WM! in any zone dmrict in the CitT, and WHEREAS, t.be Ea,lewood Pl--, wl 1-iDc Cm,mipim bu found that Temporary Employment SenicN -aat a -wbicb ia compatible with or llimilar to other u.. in B-1 or B-2 cliatrida; wl WHEREAS, many iaduatria utime the ..-.icea al temporary employment aervices u a -al empao,.. wbicb makel aD mduatrial ctiatric:t the puJfenecl location for auch -; and WHEREAS, the c:ituena aftbe City baft ap. 111111 coaceraa repnliDf the location of temporary employment Nffica in tbe Bn,lewood -unity becaue at the larp numbers of emplO)'NI coacrecatiDI; and WHEREAS, the Vf!rf early and 1at.e boan al opentim of temporary employment services affect the quality of life al adj-t naidential and ~ neipborbooda; and WHEREAS, the Planmn, and 1.oaiq CcnmiNion bmd it appropriat.e to deal with other iuuel auc:h u boan of opentioll • put al an illdividual cmditimal ue bearinc; and WHEREAS, diatancin, ncaw-ta al ...tbouaand feet in tbe iDcluatrial anu between apedftecl ~ would help allmat.e tbe ~ effec:ta c:reat.ed by theee buain-; and WHEREAS, public bearinp wwe belcl by the Bn,lewood P1mminc and 1-iDc Commipion on Juuary 21, 1987, February 111, 1997, llarcb 18, 1997 and April. 8, 1997; ... 10 bvi .. • 0 : ' .. t 1 32xl • • • •, • <. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Soc;tiop 1. The Englewood City Council hereby amends Title 16, Chapter 4, Sec:tioo 10, Subsection E, by adding a new Paragraph 9, which shall read u follows : 16-4-10: B-1 BUSINESS DISTRICT: E. Prohibited Uses. 1. Adult entertainment and eervice eetabliahmenta. 2. Manufacturing. 3. Outdoor storage of materials, supplies and equipment on private and public property. 4. The outdoor display, storage or sale of clot.bing or houaebold appliances, furniture or other items commonly uaecl in a home, whether on private or public property. 5 . W arehouaing of products or items not sold on the premiaes. 6 . Sale at wholeaale. 7 . Salee or eervice activity ahall not be allowed from any temporary structure or vehicle uni.a a building permit applicat.ion bu been submitted for a perm-t building or ltructure to replace the temporary atructure. 9 . TEMPORARY EMPLOYMENT SERVICES AS DEFINED BY AND WIUCH ARE REQUIRED TO BE UCENSED UNDER TITLE 5 OF THIS CODE. Soc;tigp 2. The Englewood City Council hereby ameada Title 16, Chapter 4, Section 12, Subeection F , by adding a new Parqraph 7, which shall read u illlawa: 16-4-12: B-2 BUSINESS DISTRICT: F . Prohibited Uses. 1. Manufacturing. 2. Outdoor storage of materials, auppliea mcl ~t OD private and public property. 3 . The outdoor display, atonp or l&le ,A bouebold a1111li•-. furniture, or other items COIIUDOllly uaed in • home, wbMber OD private or public property. 4. Wuehouain1 ofproducta or items not .wt OD the..-.-. 5 . Salee at wholesale. 2 .. • . .----------------~-----....... ----- • • 6. Sales or service activity shall not be allowed from any temporary structure or vehicle unl1!118 a building permit application has been submitted for a permanent building or structure to replace the temporary structure. 7. TEMPORARY EMPLOYMENT SERVICES AS DEFINED BY AND WlUCH ARE REQUIRED TO BE LICENSED UNDER TITLE 5 OF THIS CODE. Sectjgn 3. The Englewood City Council hereby amends Title 16, Chapter 4, Section 13, Subsection J, with the addition of a new Paragraph l(d), which ahall read aa follows : 16-4-13: 1-1 LIGHT INDUSTRIAL DISTRICT: J . Conditional Uses. Provided the public interest is fully protected and the following uses are approved by the City Planning and Zoning Commiuion and City Council: 1. Uses. a . Automobile wrecking yards and junk yarda. (1) Any automobile wrecking yard or junk yard opened after the effective date of this OrdinaDce ahall be on a parcel or adjoining parcels of not leu than one acre but not to eueed one and one-half (1 1/1 ) acre11. (2) Any automobile wrecking yard or junk yard approved punuant to the proviaiom c( this Ordilumce or any emting automobile wrec:kinc yard or junk yard espanded under the proviaiom of this OrdinaDce, aball be aet back no leu than one hundred fifty feet (150') from the boundary line of any residential &one cliatrict. (3) Any automobile wreckin, yard or junk yard approved punuant to the provisiona c( this OrclinaDce ahall be encloaed on ita perimeter with a IOlid, nontranaparent vertical wall or fence with a minimum heipt c( au feet (6') and a muimum of twelve feet (12') meuured from ground level. Fencee of woven wire or chainlink materials ,hall be prohibited. (4) Any automobile wrec:kinc yard or junk yard approved punuant to the proviaiom c( this Ordinance and all yards ellilting on the effective date of this Ordinance ahall comply with Chapter 10, Title 5 of the Enpewood Municipal Code, u amended, entitled Auto Wreckiq and Junk Yarda, and all other applicable cod• or ordinaDCN . (5) Any automobile wrecking yard or junk yard which is licemed by the City of Eqlewoocl on the effective date of this Ordinance ahall be deemed to be an approved yard whether or not it hu a minimum area of one acre, and IUCh yard may be expanded onto abuttin, property, provided that IUCb expanded 3 ... • . ' ., • . , • 0 f 32xl • • • ,~ • yard conforms to the requirements of this and any other applicable codes or ordinances. b . Amusement establishments including, but not limited to billiard halls, bowling alleys, coin-operated games, dance halls, electronic or video games, night clubs, outdoor commercial recreational facilities , pool halls, or skating rinks. c . Recycling operations, including but not limited to the proceuing of batteries, construction waste, glass, metals and/or alloys, paper, plastics and tires, excluding food waste, automobile wrecking yards and junk yards as cited in subsection 16-4-13.Jla. Buy back centers that do not process recycled materials and store their materials within an enclosed structure or a roll-off' container, semi-trailer, or similarly self-contained apparatus shall be exempt from this subsection Jlc. (1) Any recycled material manufacturing opened after the eff'ec:tive date of this subsection Jlc shall be located on one or more contiguous parcel(&) which total area shall not be less than one acre. (2) The manufacturing and storage of all proceued and unproceued materials shall be encloeed with a solid, non-tranaparent vertical wall or fence with a maximum height of eight feet (8') on the parcel(&) frontage and twelve feet (12') on the parcel(s) side and back boundaries. Fences of woven plastic, wire or chain link shall be prohibited. (3) The stockpiling of all proceued and unprocessed materiala shall not exceed the height of the wall or fence . (4) No more than NVeDty five pen:ent (75'lf,) of the parce)(s) total aize may be utili&ecl for the atonp ofproc11Nd or unproc1111d materials. (5) All recycled material manufacturinf buaineuea operating under a conditional uae provision shall be 8Ubject to yearly administrative compliance revi-of the adopted conditiOllB . d . TEMPORARY EMPLOYMENT BUSINESSES AS DEFINED BY AND WlilCH ARE REQUIRED TO BE lJCENSED UNDER TITLE 5 OF TIUS CODE, SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS IN ADDfflON TO THE PROVISIONS OF 16-5-21 E.M .C .: (1) SHALL BE LOCATED NO CLOSER THAN ONE THOUSAND FEET FROM ANY RESIDENTIAL ZONE DISTRICT. (2) SHALL BE LOCATED NO CLOSER THAN ONE THOUSAND FEET FROM ANY ESTABUSIDIENT SELLING ALCOHOL BY THE PACKAGE OR DRINK. 4 • . . ' • 0 • • • • <. (3) SHALL BE LOCATED NO CLOSER THAN ONE THOUSAND FEET FROM ANY PUBUC GATHERING FACILITY. (4) WITH RESPECT TO THE DISTANCING REQUIREMENTS IN THIS SUBSECTION BETWEEN A BUSINESS PREMISE FOR WHICH A TEMPORARY EMPLOYMENT SERVICE IS PROPOSED AND ANOTHER USE, THE DISTANCE SHALL BE MEASURED BY FOLLOWING A STRAIGHT LINE FROM THE NEAREST POINT OF THE PROPERTY UNE OF THE BUSINESS PREMISE OF THE PROPOSED TEMPORARY EMPLOYMENT SERVICE TO THE NEAREST POINT OF A RESIDENTIALLY ZONED DISTRICT OR THE PROPERTY UNE OF THE SPECIFIC USE LISTED. $e<:tj90 4 The Englewood City Council hereby amends Title 16, Chapter 4, Section 14, Subsection I, with the addition of a new Paragraph 4, which shall read as follows: 16-4-14: 1-2 GENERAL INDUSTRIAL DISTRICT: I. Conditional Uses. Provided the public interest is fully protected and the following wie is approved by the Commiuion: 1. Dump. (See Chapt.er 16-5 of this Title, General Regulatiooa.) 2. Amuaement Ntabliabmenta includinc, but not limited to, billiard halls, bowling alleya, coin-operated pmea, dance halla, electronic or video pmea, nipt cluba, outdoor commen:ial recreational facilities, pool halls, or lkaan, rinlu. 3. Becydinc operationa, including but not limited to the Pl'OCN8UII of bal:ta'iee, coaatructioD wute, slau, metala and/or alloys, paper, plutica, and tu. lhall meet conditiooa a tbroup e, u u..ted below. Food wute, a•itnm«JINe wreckiq yarda and junk yarda u cited in lubNction 16+13Jla oftbia Cbaptar are aduded. Buy back cent.en that do not ..-reeyded -teriala and store their materiala within an encloNd atncture or a roll-off ccmtainer, Mmi-trailer, or similarly Nlf-tained apparatus lhall be -pt &om tbia subaec:tiOD 13 : •. Any reeyded material maDufaduria, opened after tba etfec:tive date of this lubNction 13 lball be located OD«-or more cona,uoua parcel(1) which total area lhall not be 1- than one acre. b. The manufaeturinc and ltorap of all pn CHH II and unpl"OCNNd materiala lball be eacloNd with a aolid, non-tranaparmt vertical wall or r.nce with a muimum heipt of eipt feet (8') OD die parc:el{1) frmtap and twelft feet (12') OD the parcel(1) aide and back bauadariN. p.._. of woven plutic, win or cbaiD link lhall be pnbibited. 5 • . .. • 0 1 32xl • • ·, • .. c. The stockpiling of all proceued and unprocessed materials shall not exceed the height of the wall or fence . d. No more than seventy five percent (75%) of the parcel(s) total size may be utilized for the storage of proceued or unprocessed materials. e . All recycled material manufacturing businesses operating under a conditional use provision shall be subject to yearly administrative compliance review of the adopted conditions. 4. TEMPORARY EMPLOYMENT BUSINESSES AS DEFINED BY AND WIUCH ARE REQUIRED TO BE LICENSED UNDER TITLE 5 OF TIDS CODE, SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS IN ADDfflON TO THE PROVISIONS OF 16-5-21 E .M.C .: A. SHALL BE LOCATED NO CLOSER THAN ONE THOUSAND FEET FROM ANY RESIDENTIAL ZONE DISTRICT. B. SHALL BE LOCATED NO CLOSER THAN ONE THOUSAND FEET FROM ANY ESTABLISHMENT SELLING ALCOHOL BY THE PACKAGE OR DRINK. C. SHALL BE LOCATED NO CLOSER THEN ONE THOUSAND FEET FROM ANY PUBLIC GATHERING FACILITY. D. WITH RESPECT TO THE DISTANCING REQUIREMENTS IN THIS SUBSECTION BETWEEN A BUSINESS PREMISES FOR WIUCH A TEMPORARY EMPLOYMENT SERVICE IS PROPOSED AND ANOTHER USE, THE DISTANCE SHALL BE MEASURED BY FOLLOWING A STRAIGHT LINE FROM THE NEAREST POINT OF THE PROPERTY LINE OF THE BUSINESS PREMISES OF THE PROPOSED TEMPORARY EMPLOYMENT SERVICE TO THE NEAREST POINT OF A RESIDENTIALLY ZONED DISTRICT OR THE PROPERTY LINE OF THE SPECIFIC USE LISTED. 5ICt;igp 5 . 'nle Englewood City Council hereby amenda Title 16, Chapter 8, Section 1, with the addition of a new definition, which aball read u follows : PUBLIC GATHERING FACILITY 6 IS LIMITED TO SCHOOLS, PUBLIC PARKS, PUBLIC RECREATION CENTERS AND PUBLICLY IDENTIFIED OPEN SPACES. .... . ' 0 ,. 0 '32xl • • • • Ses;tigp 6. Safety Cl•Yffl The City Council, i-eby finda, determinee, and declares that this Ordinance ia promulpted under the pneral police power of the City of Englewood., that it ia promulpted for the health, safety, and welfare of the public, and that this Ordinance ia _.,y for the ...-,,atima of -1th and safety and for the protection al public convenience and welfare. The City Council further determines that the Ordinance i.an a rational relation ID the proper legislative object aoupt to be obtained. Ses;tion 7. Sevorahjlity If any clause, sentence, parqraph, or put of this Ordinance or the application thereof ID any person or circumatancea aball for any reaaon be adjudged by a court of competent juriadiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persona or circumatancea. S@c;tima a fnronmseot Pt4iuansea All other Ordinances or portions thereof inCODlliatent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconaiatency or conflict. Sec;tjgp 9 Effi¥:t g( D!Pl'II gr mgdjficatigp The repeal or modification of any ~ of the Code al the City al Enclewood by this Ordinance shall not release, extiiiguiah. alter, modify, or chanp in whole or in pat any penalty, forfeiture, or liability, either civil or criminal, wbic:b aball haft bem incurred under 1uch provision, and each provilion aball be treated and held • atill remaining in force for the ~ of •uataininc any and all ..,._. actioal, IUita, proceedinp, and proeecutiona for the eaforcement of the penalty, furfature, or liability,• well u for the purpme of IUltaininc any judplent, decree, or order which can or may be rendered, entered, or made in aucb actiona, IUita, pnceMmp, or ..-utiOlll. Sertim 10. faailx. The Penalty Proriaion of E.11.C. Section 1-4-1 aball apply to each and every violation of this Ordinance. 5ec;tigpt t. lfflnc:tiya Date Thia Ordinance ahall p into effect on July 7, 1997. Introduced, read in full, and puaed on tint reamn, on the 5th day of llay, 1997. Publilhed u a Bill for an Ordinance on the 8th day ofllay, 1997. 7 . . • • 0 '32xl • • • C. · .. • <. Amended and reintroduced, read in run, and puaed u amended on the 2nd day of June, 1997. Publiabed U amended CID the 5th day af June, 1997. A Public Hearing W1III held on June 2, 197. Read by title and pa-1 CID final reading on the 16th day of June, 1997. Publiabed by title u Ordinance No. _, Seriea of 1997, CID the 19th day of June, 1997. ATTEST : Tbomu J. Burns, Mayor Louc:riabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk of the City of Bapwood, Colorado, lmeby certify that the above and ti:nguiq ia a tnle copy of the Ordinance pueed CID fiDal reading and publiabed by title u Ordinance No. _, Seriee of 1997. 8 . . • .. " .. • • 0 'a2xl OitDDIANCI NO. _ SERIB8 a, 1197 • • • <. BY AUTHORITY COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AUTHORIZING TWO AGREEMENTS ENTITLED "PIPE LINE LICENSE" BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, in c:oitjunction with the Windnmere Project the City ia trying to inc:reue capacity and replace the m-,jor water liD8I which conaist of a 24" treated and a 36" raw -• line which abouJd be replaced because the eziating pi.pee are 50 years old; and WHEREAS, the railroads require water maim be protected within their right-of- way; and WHEREAS, thNe Pipe Line Lic:eme Apeementa enable the City Utilities Department a nonuduaive licmae to c:omtruct and maintain one 24" and ooe 36" water pipe line acrou and aloag Line S.-t 7304, which ia aouth ofTufta Avenue and eut of Santa Fe Drive; and WHEREAS, the pipe linN aball be U88d uduaiffly for treated and raw wat.er for the City; NOW, THDEPORE, BB IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF ENGLEWOOD, COLORADO, AS POLLOWS: Sec1;iqp 1. 'lbe two Ap9maenta mtitJed "Pipe Lim u-.e· between the Burlia,ton Nortbem and S-ta Pe llaihray C-pay and the City al Bacl-ood, Colorado, attacbed ....., • Bmibit 1 and 2, are ba'8by 8CClpt,ell and aPllfV"ICl by the Enclewood City Council. SgtifWl 2. 'l1le Dinc:t.or al Utilitiea ia aut.bariwl to eucute the Licenw for and OD behalf of the City of"Eqlewood, Colorado. Introduced, read in full , and paaaed OD Int nadiai OD the 2nd day al June, 1997 . -1- 10 b vii ~ - • I <ii• I .. • • . .. • .. Publiabed • a Bill far an Ordinance on tbe 5th day al June, 1997. Read by title and puaed on final rndinr an tbe 18th day al J-, 1997. Pllbliabed by tide• OrdiDaDce No. _. S-.. al 1117, an tbe 19th day al June, 1997. Thomaa J. Buraa, Ya:,or ATTEST: Loucriabia A. Ellis, City Clerk I, Loucriabia A. Bllia, City ct.rt altbe City al Bn,lewood. Colando, banby certify that tbe above and fansaial ia • tna copy al tbe OrdiDaDee puaed Oil tbaal reading and publubecl by title u Ordinance No. _. Seriea of 1997. -2- . , .. \ • 0 1 32 xl • Form Approved by VP-Law AFH 50-97 • 0 • Contract No: _____ _ PIPE LINE LICENSE THIS LICENSE, made this 23rd day of April, 1997, subject to the terms and conditions set forth herein, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, its successors and assigns, a Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF ENGLEWOOD, a Colorado corporation (hereinafter, whether one or more, called "Licensee"), party of the second part. WITNESSETH. That the parties hereto for the consideration hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor grants a nonexclusive license to Licensee to construct and maintain one (1) pipe line(s), 24- inches inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the rail corridor of Licensor at or near the station of Englewood, County of Arapahoe, State of Colorado, Line Segment 7304, Mile Post 727.93, the location of the PIPE LINE being more particularly shown upon the print hereto attached, No. 1-10465 dated April 2, 1997, marked "Exhibit A" and made a part hereof. 2. This agreement shall be effective May 9, 1997. 3. Licensee shall use the PIPE LINE solely for carrying water and shall not use it to carry any other commodity or for any other purpose whatsoever. 4. Licensee shall pay Licensor as compensation for this license the sum of Two Thousand F'rve Hundred and No/100 Dollars ($2,500). 5 . Licensee shall, at its own cost and subject to the supervision and control of Licensor's field engineer, locate and/or relocate. construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed or rail corridor of Licensor, or the safe operation of its railroad. When the PIPE LINE ii Ylfd fpr ojl, gas. petroleum products, or other flammable or hjqhly votaJi!t subsJIOCII under PCIIIYCI, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached. marked Exhibit B and made a part thereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform property its obligations under this paragraph, Licensor may, at its option, arrange for the performance of such work as it deems necessary for the safe operation of its railroad. and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby . 6 . Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation 1 of 6 E X H I B I T 1 •. I· f • • 0 I• - and maintenance periods and tor any and all other expense incurred by Licensor on account of the PIPE LINE. (The current rate , subject to change without notice, for furnishing of Licensor's Flagman is a min imum daily charge of $300 .00, for the first eight hours, or any part thereof , per day , with an hourly charge of $45.00 per hour tor any time over eight hours per day). 7 . Prior to any boring work on or about any portion of the Premises , Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice ~. consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. 8 . Prior to installation , five (5) days advance notice must be given to Licensor's Roadmaster, Jim Underwood at 711 West 31 Street Denver, Colorado 80216 , telephone (303) 480-6413. 9 . (a) Except as set forth in Section 9 (b), when permitted by the Colorado Constitution and subject to the provisions of 24-10-101 C .R.S.,Licensee shall release , indemnify, and hold harmless Licensor for all losses, damages, expenses, injuries or death to Licensee, its employees, agents and contractors, arising in any manner from the performance of this agreement, except for Licensor's gross negligence or intentional misconduct. When permitted by the Colorado Constitution and subj~ to the provisions of 24- 10-101 C.R.S., Licensee further agrees to release, indemnify, and hold harmless Licensor for all losses, damages, expenses, injuries, or death to any person , including Licensor, which arise in any manner from the construction, maintenance, use, state of repair or presence of Licensee's pipelines. (b) Whenever any employee, agent or contractor of Licensee or any of Licensee's Parties makes any claim for personal injury or death against Licensor within the meaning of the Federal Employers' Liability Act, or any applicable safety act, (45 U.S.C . e51 et. seq.), for any incident caused, wholly or in part, by property, equipment. fixtures or condition belonging to or subject to the control of Licensee, or claims or alleges that he or she is an employee of Licensor or is furthering the operational activities of Licensor, Licensee agrees to indemnify and hold harmless Licensor for all losses, damages, costs or expenses related to such claim , regardless of Licensor's negligence. 10. If at any time during the term hereof Licensor shall desire to make any use of its rail corridor with which the pipeline will in any way interfere, including the relocation of existing or the construction of new pipelines and other facilities in which it shall have an interest, Licensee shall , at Licensee's own cost, within thirty (30) days after receiving written notice from Licensor to such effect, make such changes in the pipeline as in the judgment of Licensor may be necessary to avoid interference with the proposed use of its rail corridor. 2 of 6 .. I· 0 • • 0 • 11. (a) Licensee shall, at its expense, procure and maintain throughout the term of this License a comprehensive general form of insurance covering liability, including, but not limited to, Public Liability, Personal Injury and Property Damage, as well as Contractual Liability in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall contain no exclusion with respect to rail corridor of Licensor in the care, custody or control of Licensee. LICENSOR AND CATEUUS MANAGEMENT CORPORATION SHALL BE NAMED AN ADOmONAL INSURED. (b) All risk insurance on the PIPE LINE of the Licensee, or Licensor's property in Licensee's care, custody and control, shall contain a waiver of subrogation of claims against Licensor. Licensee shall maintain Workers Compensation insurance which shall contain a waiver of subrogation against Licensor. (c) All insurance shall be placed with insurance companies licensed to do business in the State in which the PIPE LINE is located, with a current Best's Insurance Guide Rating of B and Class X, or better. Licensee shall provide Licensor in advance of said installation a Certificate of Insurance evidencing such insurance. Insurance must provide for coverage of incidents occurring within fifty (50) feet of a railroad track, and any provision in the insurance policy to the contrary must be specifically deleted. (d) A Railroad Protective Liability insurance policy issued in the name of Licensor with limits of $2,000,000 for bodily injury and property damage per occurrence with an aggregate of $6,000,000 must be provided when construction work will be performed within fifty (50) feet of Licensor's tracks. The poljcy wiH remajn in force during the construction phase of this project and must be provided prior to Licensor signjng this !iaD& (e) In lieu of providing a Railroad Protective Liability Insurance policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $1000. 0 I elect to participate in Licensor's Blanket Policy; 0 I elect not to participate in Licensor's Blanket Policy. (f) The fumiahing of insurance required by thia Section shall in no way limit or diminish the liability or responsibility of LicenMe as provided under any Section of this License. (g) Licensee shall be allowed to self-insure any or all of the insurance coverages referenced above. 12. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit, or other proceeding brought against Licensor by any public body, individual, partnership, corporation, or other legal entity, 1'91ating to any matter covered by this License for which Licensee has an obligation to assume ~ for and/or save and hold harmless Licensor.but only when and to the •~ permitted by the Colorado Constitution and subject to the proviaiona of 24-10-101 C.R.S., if IO permitted, LicenNe shall also pay all the costs incident to IUCh defense including, but not limited to, 3 of6 ' ... .. •· , • • 0 I • • attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. 13. (a) Licensee shall comply with all federal, state and local environmental laws and regulations in its use of Licensor's rail corridor, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by RCRA, on or under Licensor's rail corridor. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by CERCLA, on Licensor's rail corridor. Notwithstanding any other requirements in this contract. Licensee assumes all responsibility for the investigation and cleanup of such release and shall indemnify and when permitted by the Colorado Constitution and subject to the provisions of 24-10-101 C.R.S ., defend Licensor and its agents for all costs and claims, including consultant and attorney fees, arising in any manner out of such release or Licensee's failure to comply with environmental laws, regardless of whether such costs or claims are caused or contributed to by the negligence or alleged negligence of Licensor, except to the extent such costs or claims are proximately caused by Licensor's gross negligence or intentional misconduct. (b) Licensee shall give Licensor timely notice of any release, violation of environmental laws or inspection or inquiry by governmental authorities charged with enforcing environmental laws with respect to Licensor's rail corridor. Licensee also shall give Licensor timely notice of all measures undertaken by or on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor receives notice from Licensee or otherwise of a release or violation of environmental laws which occunred or is occurring during the term of this License, Licensor may require Licensee, at Licensee's sole expense, to take timely measures to investigate, remediate, respond to or otherwise cunt such ntleue or violation. 14. If default shall be made in any of the covenants or agreements of LicenMe contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee; but any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedy set forth in this Section shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. 15. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on the PIPE LINE and shall indemnify Licensor against any loss, liability or expense incunred by Licensor on account of such liens. Licensor is hel'9by authorized to poat any notices or take any other action upon or with respect to the PIPE LINE that is or may be permitted by law to prevent the attachment of any such liens to Licensor's premiNs; provided, however, that failunt of Licensor to take any such action shall not relieve 4 of 6 .... 0 •· • • • •, • Licensee of any obligation or liability under this Section or any other Section of this License. 16. In the case of eviction of Licensee by anyone owning or obtaining title to the rail corridor on which the PIPE LINE is located, or the abandonment by Licensor of said rail corridor, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 17. Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, addressed to either party, at the addresses and department shown beneath signature of the parties. 18. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 19. Any contractor or subcontractor performing work on or in connection with the PIPE LINE shall for the purpose of this license, be conclusively deemed to be the servant and agent of Licensee acting on behalf and within the scope of such contractor's or subcontractor's employment for Licensee. 20. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent assignee, shall undertease or sublet the PIPE LINE nor assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor. 21 . It is understood and agreed that this License shall not be placed of public record. 22. All the covenants and provisions of this License shall be binding upon the heirs, legal representatives, succeuors and usigns of Licensee. No assignment by Licensee shall be binding upon Licensor without the written consent of Llcenaor in each instance. 23. All questions conceming the interpretation or application of provisions of this License shall be decided according to the laws of the State in which the PIPE LINE is located. 24. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law. such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. 25. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Llcenaor to enforce that provision for any subeequent breach thereof. 5 of 6 ..... •· 0 '32xl • • • «. ·, • <' 26. Notwithstanding any other provisions of this license, Licensee shall comply with all statutes, ordinances, rules, regulations, orders and decisions issued by any federal, state or local governmental body or agency established thereby relating to Licensee's use of Licensor's premises hereunder. 27. This license is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon thirty (30) days' notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and remove the same and restore the rail corridor of Licensor, as near as possible, to the same condition in which it was prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's rail corridor within Thirty (30) days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is removed and the rail corridor of Licensor restored as above provided. 28. This License is the full and complete agreement between Licen8or and Licensee with respect to all matters relating to license on the Premises, and supersedes any and all other agreements between the parties hereto relating to license on the Premises. Catellus Management Corporation is acting as agent for The Burtington Nor1hem And Santa Fe Railway Company. WHEREOF, the parties have execut9d lhia agreement in duplicate the day and year first above written. THE BURLINGTON NOR'l'HeRN AND SANTA PE AM.WAY COMPANY By: By: ca1allua Management Corporation Its ADDmey In Fact 454S Fuler Drive, Suite 105 Irving, TX 75030 James A. Ball, Manager Contracts CITY OP INGUWOOD Utllltles Department 3400 South Elati Street Englewood, co 80110-2304 By: Title: 6of8 .. • . , . • EXHIBIT HA" ~H ~0-97 ATTACHED TD CONTRACT BETWEEN THE BURLINGTON NORTHERN AND SANTA FE AND RAILWAY COMPANY CITY OF ENGLEWOOD FORT WORTH, TEXAS SCALE: 1 IN.=~ FT. COLORADO DIV. PIKES PEAK SUBDIV. L.S. ~ DATE 04/02/1997 SIZE: CONTENTS: PIPE MATERIAL: SPECIFICATION/ GRADE: WALL THICKNESS: COATING: CARR I ER CASI NC PIPE PIPE 24" 36" WeJpB T CLS~~ 0.47 ~ EPOXY NIA v-4 MAP~ PARCEL .U8. ....__1'ROPERTY LINE CARRIER PIPE LENGTH ON R/W: l 00' OKING PRESSURE: 100 PSI BURY: BASE/RAIL TD TOP OF CASING BURY: NATURAL GROUND BURY: ROADWAY DITCHES CATHOOIC PROTECTION CASING PIPE 100' 10.0' o,o' 3 MIN NIA VENTS: NUMBER ..l:iLA.. SIZE ---HEIGHT OF VENT ABOVE GROUND --- NEAR ENGLEWOOD COUNTY OF ARAPAHOE NOTE: CASING TO BE JACKED OR DRY BORED ONLY STATE OF CO SPIC DRAWINCN0.1-10465 ..... lt'l ""' ~ lt'l ""' -.... ..... a: a.. ,c ::E .. • • .,----------------------~-- Form Approved by VP-Law AFH 24-97 0 • Contract No: _____ _ PIPE LINE LICENSE THIS LICENSE, made this 23rd day of April, 1997, subject to the terms and conditions set forth herein, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, its successors and assigns, a Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF ENGLEWOOD , a Colorado corporation (hereinafter, whether one or more, called "Licensee"), party of the second part. WITNESSETH, That the parties hereto for the consideration hereinafter expressed covenant and agree as follows: 1. Subject to the terms and conditions hereinafter set forth, Licensor grants a nonexclusive license to Licensee to construct and maintain one (1) pipe line(s), 36- inches inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the rail corridor of Licensor at or near the station of Englewood, County of Arapahoe, State of Colorado, Line Segment 7304, Mile Post 727.94, the location of the PIPE LINE being more particularly shown upon the print hereto attached, No. 1-10401 dated April 2, 1997, marked "Exhibit A" and made a part hereof. 2. This agreement shall be effective May 9, 1997. 3. Licensee shall use the PIPE LINE solely for carrying water and shall not use it to carry any other commodity or for any other purpose whatsoever. 4 . Licensee shall pay Licensor as compensation for this license the sum of Two Thousand Frve Hundred and No/100 Dollars ($2,500). 5 . Licensee shall, at its own cost and subject to the supervision and control of Licensor's field engineer, locate and/or relocate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed or rail corridor of Licensor, or the safe operation of its railroad. When the PIPE LINE is used for oil, gas, Petroleum products, or other flammable or highly yoiatile substances under pressure, the PIPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto attached, marked Exhibit B and made a part thereof. If at any time Licensee shall, in the judgment of Licensor, fail to perform property its obligations under this paragraph, Licensor may, at its option, arrange for the performance of such work as it deems necessary for the safe operation of its railroad, and in such event Licensee agrees to pay, within fifteen (15) days after bill shall have been rendered therefor, the cost so incurred by Licensor, but failure on the part of Licensor to perform the obligations of Licensee shall not release Licensee from liability hereunder for loss or damage occasioned thereby . 6 . Licensee shall reimburse Licensor for any expense incurred by Licensor for false work to support Licensor's tracks and for flagman to protect its traffic during installation 1 of 6 E X H I B I T 2 •· • 0 '32xl • • • • and maintenance periods and for any and all other expense incurred by Licensor on account of the PIPE LINE. (The current rate, subject to change without notice, for furnishing of Licensor's Flagman is a minimum daily charge of $300.00, for the first eight hours, or any part thereof, per day, with an hourly charge of $45.00 per hour for any time over eight hours per day). 7 . Prior to any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. 8 . Prior to installation, five (5) days advance notice must be given to Licensor's Roadmaster, Jim Underwood at 711 West 31 Street Denver, Colorado 80216, telephone (303) 480-6413. 9. (a) Except as set forth in Section 9 (b), when permitted by the Colorado Constitution and subject to the provisions of 24-10-101 C.R.S. Licensee shall release, indemnify, and hold harmless Licensor for all losses, damages, expenses, injuries or death to Licensee, its employees, agents and contractors, arising in any manner from the performance of this agreement, except for Licensor's gross negligence or intentional misconduct. When permitted by the Colorado Constitution and subject to the provisions of 24- 10-101 C.R.S., Licensee further agrees to release, indemnify, and hold harmless Licensor for all losses, damages, expenses, injuries, or death to any person, including Licensor, which arise in any manner from the construction, maintenance, use, state of repair or presence of Licensee's pipelines. (b) Whenever any employee, agent or contractor of Licensee or any of Licensee's Parties makes any claim for personal injury or death against Licensor within the meaning of the Federal Employers' Liability Act, or any applicable safety act, (45 U.S.C. e51 at. seq.), for any incident caused, wholly or in part, by property, equipment, fixtures or condition belonging to or subject to the control of Licensee, or claims or alleges that he or she is an employee of Licensor or is furthering the operational activities of Licensor, Licensee agrees to indemnify and hold harmless Licensor for all losses, damages, costs or expenses related to such claim, regardless of Licensor's negligence . 10. If at any time during the term hereof Licensor shall desire to make any use of its rail corridor with which the pipeline will in any way interfere, including the relocation of existing or the construction of new pipelines and other facilities in which it shall have an interest, Licensee shall, at Licensee's own cost, within thirty (30) days after receiving written notice from Licensor to such effect, make such changes in the pipeline as in the judgment of Licensor may be necesury to avoid interference with the proposed use of its rail corridor. 2 of 6 ..... • • 0 1 32xl • • • I • • 11. (a) Licensee shall, at its expense, procure and maintain throughout the term of this License a comprehensive general form of insurance covering liability, including, but not limited to, Public Liability, Personal Injury and Property Damage, as well as Contractual Liability in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall contain no exclusion with respect to rail corridor of Licensor in the care, custody or control of Licensee. LICENSOR AND CAifl I US MANAGEMENT CQRPORAJIQN SHALL BE NAMED AN ADDIT10NAL l§UREQ. (b) All risk insurance on the PIPE LINE of the Licensee, or Licensor's property in Licensee's care, custody and control, shall contain a waiver of subrogation of claims against Licensor. Licensee shall maintain Workers Compensation insurance which shall contain a waiver of subrogation against Licensor. (c) All insurance shall be placed with insurance companies licensed to do business in the State in which the PIPE LINE is located, with a current Best's Insurance Guide Rating of B and Class X, or better. Licensee shall provide Licensor in advance of said installation a Certificate of Insurance evidencing such insurance. Insurance must provide for coverage of incidents occurring within fifty (50) feet of a railroad track, and any provision in the insurance policy to the contrary must be specifically deleted. (d) A Railroad Protective Liability insurance policy issued in the name of Licensor with limits of $2,000,000 for bodily injury and property damage per occurrence with an aggregate of $6,000,000 must be provided when construction work will be performed within fifty (50) feet of Licensor's tracks. The policy wjH remain in force during the construction phase of this project and must be proyjded prior to Licensor signjng this DB. (e) In lieu of providing a Railroad Protective Liability Insurance policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above . The cost is $1000. 0 I elect to participate in Licensor's Blanket Policy; 0 I elect not to participate in Licensor's Blanket Policy. (f) The furnishing of insurance required by this Section shall in no way limit or diminish the liability or responsibility of Licensee as provided under any Section of this License . (g) Licensee shall be allowed to sett-insure any or all of the insurance coverages referenced above. 12. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit, or other proceeding brought against Licensor by any public body, individual, partnership, corporation , or other legal entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless Licensor, but only when and to the extent permitted by the Colorado Constitution and subject to the provisions of 24-10-101 C.R.C. if so permitted. Licensee shall also pay all the costs incident to such defense including, but not limited to, 3 of6 ..... • . .. •· 0 • • • ·, • attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. 13. (a) Licensee shall comply with all federal, state and local environmental laws and regulations in its use of Licensor's rail corridor, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by RCRA, on or under Licensor's rail corridor. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by CERCL.A, on Licensor's rail corridor. Notwithstanding any other requirements in this contract, Licensee assumes all responsibility tor the investigation and cleanup of such release and when permitted by the Colorado Constitution and subject to the provisions of 24-10-101 C.R.S ., shall indemnity and defend Licensor and its agents tor all costs and claims, including consultant and attorney fees, arising in any manner out of such release or Licensee's failure to comply with environmental laws, regardless of whether such costs or claims are caused or contributed to by the negligence or alleged negligence of Licensor, except to the extent such costs or claims are proximately caused by Licensor's gross negligence or intentional misconduct. (b) Licensee shall give Licensor timely notice of any release, violation of environmental laws or inspection or inquiry by governmental authorities charged with enforcing environmental laws with respect to Licensor's rail corridor. Licensee also shall give Licensor timely notice of all measures undertaken by or on behaH of Licensee to investigate, remediate, respond to or otherwise cure such release or violation . (c) In the event that Licensor receives notice from Licensee or otherwise of a release or violation of environmental laws which occurred or is occurring during the term of this License, Licensor may require Licensee, at Licensee's sole expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation. 14. If default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee; but any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedy set forth in this Section shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. 15 . Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on the PIPE LINE and shall indemnity Licensor against any loss, liability or expense incurred by Licensor on account of such liens. Licensor is hereby authorized to post any notices or take any other action upon or with respect to the PIPE LINE that is or may be permitted by law to prevent the attachment of any such liens to Licensor's premises; provided, however, that failure of Licensor to take any such action shall not relieve 4of 6 ./ •· • 0 '32xl • • • • '· Licensee of any obligation or liability under this Section or any other Section of this License . 16. In the case of eviction of Licensee by anyone owning or obtaining tiUe to the rail corridor on which the PIPE LINE is located, or the abandonment by Licensor of said rail corridor, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance . 17. Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid , addressed to either party, at the addresses and department shown beneath signature of the parties. 18. In the event that Licensee consists of two or more parties , all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 19. Any contractor or subcontractor performing work on or in connection with the PIPE LINE shall for the purpose of this license, be conclusively deemed to be the servant and agent of Licensee acting on behalf and within the scope of such contractor's or subcontractor's employment for Licensee. 20. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent assignee, shall underlease or sublet the PIPE LINE nor assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor. 21 . It is understood and agreed that this License shall not be placed of public record . 22. All the covenants and provisions of this License shall be binding upon the heirs, legal representatives, successors and assigns of Licensee. No assigNnent by Licensee shall be binding upon Licensor without the written consent of Licensor in each instance . 23. All questions conceming the interpretaUon or application of provisions of this License shall be decided according to the laws of the State in which the PIPE LINE is located . 24. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under appltcable law , but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law , such provision shall be ineffective solely to the extent of such prohibition or invalidity , and this shall not invalidate the remainder of such provision or any other provision of this License. 25. The waiver by Licensor of the breach of any provision herein by LicenNe shall in no way impair the ri ght of Licensor to enforce that provision for any IUbNquent bt9ach thereof. 5 of6 .. • 0 1 32xl • • • • . . .... • 26. Notwithstanding any other provisions of this license, Licensee shall comply with d statutes, ordinances, rules, regulations, orders and decisions issued by any federal, state or local govemrnei ital body or agency established thereby relating to LicenNe's use of l,icensor's pnlffli8es hereunder. 27. This licenle is given by Licensor and accepted by Licensee upon the upresa condition that the ume may be tenninated at any time by either party upon 1hirty (30) days' notice in writing to be served upon the other party. stating !herein the dam lhal IUCh termination lhall take place, and that upon the tennination of this licerl98 in this or any oCher manner herein provided, Licenaee, upon demand of l.iceneor, lhall abandon the use of the PIPE LINE and remove the same and restont the rail conidor of l.icen8or, u near as poseible, to the same condition in which it was prior to the placing of the PIPE LINE thereunder. In case Licensee shall fail to restore Licensor's rail conidor within Thirty (30) days after the effective date of tennination, Licensor may proceed with such work at the expense of Licenaee. No tennination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the PIPE LINE is removed and the rail corridor of Licensor restored as above provided. 28. This License is the full and complete agreement between Licensor and LicenNe with respect to all matters relating to license on the Premises, and supersedes any and all other agreements between the parties hereto relating to license on the Premises. Catellus Management Corporation i8 acting as agent for The Burlington Northern And Santa Fe Railway Company. WHEREOF, the parties have executed this agreement in duplicate the day and year first above written. 1HE 8UALINGTON NOlffltlRN MD SANTA FE RALWAY COMPANY By: By: Cal9lus Management Corporation 1111 Altomey in Fact 4S4S Fuller Drive, Suite 105 Irving, TX 75038 James A. Ball, Manager Contracts CITY OF l!NGLEWOOD U1llltlell Department 3400 South Elall Street Englewood, CO 80110-2304 By: Tille: 6of6 • • . ~ • r EXHIBIT "A" AFH-H-17 ATTACHED TO CONTRACT BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAI LWAY COMPANY ANO CITY OF ENGLEWOOD, CO FORT WORTH, TEXAS SCALE: 1 IN ,=~ FT. CQLQRAQQ DIV. PIKES PEAK SUBOIV. L.S. ~ DATE 04/02/1997 v-4 MAP ___JlL_ PARCEL 1..&S. . - ' ... u, ,) \ • TO 20th STREET DESCRIPTION~ PIPELINE PIPELINE SHOWN BQ..O CARRIER CASING CARRIER CASING PIPE SIZE: CONTENTS: PIPE MATERIAL: SPECIFICATION/ GRADE: WALL THICKNESS: COATING: PIPE PIPE 36" 'SU 8 CL 5~ 0.58 EPOXY 48" s!U: 0.§88 EPOXY PIPE LENGTH ON R/W: l 00' l 00' WORK INC PRESSURE: 40 es I BURY: BASE/RAIL TO TIP OF CASING __,,,....9,,..' - BURY: NATURAL CRWNI) + I s BURY: ROADWAY DITCHES 3 MIN CATHODIC PROTECTION NIA VENTS: NUMBER .lilA... SIZE ---HEIGHT ~ VENT ABOVE GRClJNO--=- NEAR ENGLEWOOD COUNTY OF ARAPAHOE NOTE: CASI NG TO BE JACKED OR ORY BORED CM. Y STATE OF CO ORAi iNG NQ. 1-10401 ..... .. : • • 0 1 32xl • • ,. • ·, • .. JOC-111 A RESOLUTION ESTABLISHING FEES FOR AUTO SALVAGE AND RECYCLED MATERIALS YARDS LICENS~ UNDER TITLE 5, CHAPl'ER 10, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City Council « the City « Eapwood, Colondo bu UDeDded the Enpewood Municipal Code with the paaap « C.B. 45, Seri• « 1997, by delean, the ..... _ to 6-N re-; and WHEREAS, li-r-are mme appropriately Nt by Council l'NOlution OD an annual buia; and WHEREAS, tbia reaolution eatabli.-li-C.. for Aut.o Salvap And Rec:ycled llateriala Yarda Lice-; NOW, THEREFORE, BB IT BFSOLVED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 8ectinn 1. ,,.. CitJ Council «tbe CitJ « Eapwood, Colando benby approvea the follcnria, C.. for Auto Salvap And Reeyded Materiala Yarda U-..: Auto Salvap And Reeyded llateriaJa Yarda Liceue Fee: Applicaticm Pee $250.00 annaally S 10.00 paid ill.._ ADOPTED AND APPROVED tlli8 letb day« .Jam, 1917. ATTEST : Loucriahia A. Ellia, City Clerk I, Low:riabia A. Ellia, City Clsk for the City «BDp.wood, Colando, benby certify the above ia a true copy at ltelolutian No._, Seriea a 1997. . ' .. • I • . " ·. • COUNCL CO......ac:ATION .,. Agenda ... 8ulljact June 19, 1997 RNOlulion .............. far 10 C iv !_lie 5, Chaplll' 10, Ado Salvage MlllflallYanllL.lclnal lnlll*dlly IF,.-....,aoun:e -of Flnanclal SeMces Dlreclar' COUNCL GOAL Nm PREVIOUS COUNCL ACTION This ..aMlon ........_ fNs for uo ~ INlenllls llcelas. Eltablllhilig r.es bf rNOlulion is reqund bf TIiie 5, Cllapls 1. At 1118 Mare. 1• study ...... 111.aff dllcuseed 1118 prapoeec1 IIIOl'IIIDltum wlll 1118 CltJ Councll. 0n June 3, 1•. 1118 City Council rud and .,._ct Onlnance 25, SertN of 1• on flnll l'Ndlng. This Oldlnam Ntablllhed 1118 fflOf'IIIOrium to run fnlm June 10, 1• to Decllmber 10, 1•. Council adopled Onlnance 55, SertN of 1• .. dug Ille moraklrium 1111111 Aprtl 10, 1997. On Febnlary 11, 1997, City Councll appnMd on tlnl reading• bll far an Oldlnance alelldllig 1118 maraloltum 1111111 July 10, 1997. Council approved on tint reading this license under Title 5, Chapler 10 oflll8 City Code on June 2, 1997. RECOl•IIENDED ACTION Staff recommends City Councll approve this resalullon. IIACKGIIOIN>, ANALYSIS, Nm ALTERNA'IIVD ~ The ...... not being c:llanged flam ............... IIMII. Alt lft'lcalll>ll'M .. bNn added. ,.. .. Ill bf ....... to allow City Councll ftmdlllllly In l9'wtNlng and ......... No ell8mallves M19 idenllfled. FIWMCIAL .. ACT F .. of $800.00 MIit collecled for this license In 1•. Fea .. Ill• follows: lnllalfAnnual lJcelwe FN: $100.00 AsllJl<;lllon FN (paid In advanee): $10.00 LIST OF ATTACHMENTS Copy of resolution .. 0 • • . , . • - COUNCIL COMMUNICATION Date A1eada Item Subject June 16, 1997 10 CV Purchase of Flusher Truclc INITIATED BY Utilities Department STAFF SOURCE Stewan H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Council approval, by motion, of the purchase of one, new Sanitary Sewer Flusher Truck from Kois Equipment Co . in the amount ofS77,002 .00 . BACKGROUND, ANALYSIS, AND AL TERNA 11VES IDENTIFIED The proposed sewer flusher uuck is used for removing accumulated solids and debris in the wastewater collection mains . All sanitary sewer mains are on a maintenance schedule to be flushed at least once a year. The truck will also be used on a contract basis for line maintenance for South Englewood Sanitation District and pan of Cherry Hills Village . The purchase is being reconunended to replace the existing l 0-year old unit according to CERF replacement schedule . Requests for Bid were sent to three vendors; two responded : Williams Equipment Co . Kois Equipment Co . Options added to the base unit are: $84,775 .00 $75,332 .00 Cold winter recirculation for water pump operation -$227 .00 Side panels to cover pump area-$1,083 .00 Hand held spotlight with l 5' of cord -quick disconnect -$217 . 00 Engine kill switch at operators station -$143 .00 Above options were added for the $77,002 .00 total . FINANCIAL IMPACT Kois Equipment Co . is the reconvnended bidder at $77,002 .00 . Entire amount will be funded by the CERF Fund . UST OF A ITACIIMENTS Bid Prof:osal Tabulation Optional Pricing . ~~~ • I' •. .. • • ~ (.,J I\) X • J 1(,1 CITY OF ENGLEWOOD BID PROPOSAL TABULATION BID ITEll8(8) -Sanitary Sewer Flusher Truck Bid Opening Date: May 28, 111711:00a.m. ··-·-p,,,,. No. Bidder Truck .....,,,, 1 .,.. Equipment Co. Phone 303-217-1200 121 E 7011 It. Unit I Denver, Co. I0221 2 EqulplMlltCo. Phone~1 ... -.nua NIC -ZUnl-- Delww,Co.80204 I Koll Equlp1Mnt Co. Phone l03 211-7370 .... 112.IO ••.oo ... Clolorlldo lllvcl. C..... Clar, Co.11122 • • 0 :sennce L ... """""' hdeln TOTAL R...-lrw&ceoflona - NIC I0.00 114,771.00 m SEE EXCEPTIONS II NIC (StO,IOO.IO) S71,D2.IO SEE EXCEPTIONS-SEPARATE PAGE - FLUSHER .TRUCK .TAB • I r I . • ~ .. • 0 I• • City of Englewood Deviations to Sanitary Sewer Flusher Truck May 28, 1997 The deviations do not necessary mean that these are exceptions to the bid . Some items are those which are not available on this particular truck. If not listed we meet all specification requirements. 1 ) Hendrickson suspension is not available on single axle trucks. That particular item is only available on tandem axle trucks. 2) Engine is 210 Horse power with 520 foot pounds of torque in lieu of 500 foot pounds of torque, 190 HP will only produce 485 foot pounds of torque. Cold weather start consist of ether and engine block heater. 3) Transmission is a New World MD3550P Transmission . This is the newest version from Allison. It will eventually replace the MT series transmission requested. · 4) We are powering the water pump and the hydraulics via the New World Transmission . Because the gear pack is ahead of the transmission gears the drive mechanism is directly via the rear engine gears. The response is the same as if it was a front engine drive. The drive is then powered through jack shaft to the water pump. One side of the engine gear PTO runs the water pump and the other side operates the hydraulics for the power of the reel. If you desire the front mount PTO drive please refer to the additional prices below. 5) Hose reel drum is 30" in diameter, with a 15ft radius for the hose . Optional Pricing: 1) 190 Horse Power and 485 foot pounds of torque Deduct $750.00 ~ 2) Cold Winter Recirculation for Water pump operations Add $227.00 3) Drain Valves on 65 GPM Myers Water Pump Add $116.00 4) Hydrostatic Front Drive unit in lieu of PTO Add S 8,071.00 5) Direct Gear Drive Hose Reel in lieu of Single chain to Motor ~6) ~ 7) -t 8) 9) 10) Side Panels to cover Pump area for aesthetic looks Hand Held Spotlight with 15' of cord Quick disconnect Engine Kill Switch at operators Station Block Buster Valve for blockages Additional Strobe mount either on Cab or Body Add $1 ,761 .00 Add $1,083.00 Add $217.00 Add $143.00 Add $159.00 Add $189.00 - IIAIIUP&CTU11a11s &ND DISTll18UTOIIS OP ....... SOUD ••• ,... Tll&IUII, TIIUCll Ala UTILITY..... .., ..... • .. I· • • C• ·, - COUNCO. COMMUNICAffON Date June 16, 1997 INITIATED BY Utilities Department 10 e vi STAPP SOURCE Stewart H. Fonda, Direc:tor ofUtilities COUNCO. GOAL AND PREVIOUS COUNCll. ACOON None . RECOMMENDEDACflON Council approval, by motion, of the purchase of one, new Rubber-iired Wheel Loader/Backhoe from Honnen Equipment Co . in the amount ofS89,089 .00 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed loader/backhoe is used for dirt and fill excavation for water, sewer and stormwater projects. The purchase is being reconunended to replace the existing 10-year old unit according to CERF replacement schedule. Requests for Bid were sent to three vendors; two responded : Honnen Equipment Co . Wagner Equipment Co . $89,089 .00 $85 ,692.00 (Wagner Equipment Co . &iled to Imel mininum spec:ifieatioas on the engine, diging depth and blclchoe bucket capacity .) FINANCIAL IMPACT Honnen Equipment Co . is the recommended bidder at $89,089 .00 . En1ire IIDOUlll will be funded by the CERF Fund . LIST OF A Tf ACIIMENTS Bid Proposal Tabulation - .II • , . .t . ~ . . I •' 41 j . ~ CITY OF ENGLEWOOD BID PROPOSAL TABULATION BID ITEMS(S} • RUBBER-nREO WHEEL LOADER/BACKHOE Bid Opening Date: •118, 1H711:00&m. EIIM Equipment Co. JOJ.JN-1 ... BID ITEMS 18000 E 22nd Ave. Auntn. Co. 80011 Rubber Tired Wheel loader/backhoe Parts Manual Shop Manuat Total Bid Ootlona: Extendible Backhoe Boom Air Conditioning Mechanical Front Wheel Drive REMARKS/EXCEPTIONS: Honnen Equipment Co. 30J-217-750t !OU E 72nd Ave · Commerce CHtt. Co. 80022 $8t,on.oo NIC NIC $89,on.oo $1,380.00 $2,000.00 $8,232.00 NONE • 0 / -X ,N (") • " ... ..... Co. .. ,.., .. 1IOOO ..... Roed ··--::, Co. IOtff1 Sll.112.00 NIC NIC -.112.00 13,711.00 $2,0U.OO $7,280.00 YES .......................... • • ·, COUNCil. COMMUNICATION Date June 16, 1997 lNl11A TED BY UE WWI'P Supervisory Conunittec • • (. S.bject: 10 cvii Beneficial Use Fann Tractor Purchase STAFF SOURCE Stu Fonda, Utilities Director Jim Tallent • Operations Division Manager COUNCil. GOAL AND PREVIOUS COVNCil. ACTION Council approved the capital replacement of one low ground pressure, rubber tracked, fann tractor in the 1997 budget. RECOMMENDED ACTION The action recommended is to approve, by motion, the purchase of one low ground pressure, rubber tracked, farm tractor from Strasburg F.quipment Company in the unount of S l 02,237 .92. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A farm tractor is used to apply stabili7.ed wastewater bioaolids in a beneficial use propam. 1bc Wlit cW'T'Clltly is ten ycan old and is scheduled for replacement 1bc rcc:ommcndation for the purchase of a low ground pressure, rubber tracked fann tractor is being made for the followiq -= • Field access is improved when wea1her and/or ground conditions limit the operation. • Soil c:ompaction is recluced. Repetitive, clOIC row applicalion ofbiololida wi1b a rubber tired tractor results in more deep IOit compaction. Low WC loads Oil a rubber tracked tractor reduces this deep IOi) compaction allowiq for incraled crop yield. • Ground alip is reduced (tire apinnina or slippina) by appro:itimalely SO% raultina in las field damqc. Competitive bids were solicited from tine vendors and the technical evaluation, and purchuc rccommcndation is attached. Stnsburg f.quipment Company is the low ICCCpllble bid. FINANCIAL IMPACT The cost of this expenditure will be shared SO/SO by the Cities of £nalcwood and Litdclon. LISTOF ATTACIIMJ:NTS I . Capital Outlay Request 2. Replacement Schcdulc 3. Bid Propou1 Tabulation 4. Technical Evaluation s. Rccommcndation for Purchase . , .. • • 0 f 32xl • • - <. OPERATING CAPITAL OUTLAY REQUEST l Department or Fund: LIE WWTP 11-03 I Division : Bei l8ficial Use 11-03-44131 Description d equipment or object expenditure: (1111st be more than $IOO and .... than $1,000) Low ground pressure Fann Tractor Explanation d necc:esity or benefits d this expenditure: The current unit has been in service for nine years and scheduled for replacement. Repair/ maintenance costs for this unit were $8,500 for 1995 and several major components are being replaced in 1996. Replacement unit is being evaluated for a low ground pressure unit to minimize field soil comDadion. Total costs d placing inful Estimated Costs Unit Co.a TotalCoet Purchase Price 155,000 155,000 Installation NA Total 155000 Less Trade-In 0 Total Net Co.a 155000 Annual Co.a aunknown Total First YNI Coet 155000 la this expendlhn neceuary ---d ina 1111d peraonnel? No Recommendation for equipment ~: Retain and maintain the current unit for back-up UN. Thia wil minimize or elinwlale the need for rental tractors during periods d repair~ rnanenance . The cunent unit also ha• front loader attachment which wil not be added to the raplacanw,t unit. Approximate dated purchase: Summer 1997 List and describe limilar equipment in ~: John Deere 4450 farm tractor Purchasing Agent 's Comments: Cily Manager's Review: Approved :_ Not Approved : __ . ( • 0 '32 x l • Vehicle Number 8358 8359 8368& 8369 8445 new 8426 8427 8428 8429 8432 8418 8419 8430 8441 8444 new 8556 Vehicle .. • • 11-03 BENEFICIAL USE EQUIPMENT REPLACEMENT SCHEDULE Description, Replacement Model Estimated Description Year Replacement Date 10 Yard Oumo-lntl. 1989 1997 10 Yard Oumo-lntl. 1989 1997 Ram Eject 1980 1997 Tractor/Trailer Manure Spreader, John 1995 2003 Deere785 John Deere 780 Manure 1988 1997 Soreader John Deere 4450 Tractor 1987 1997 10 Yard Oumo-GMC 1990 1999 10 Yard OumP-GMC 1990 1999 One Ton Pick-uo. Chew 1991 2000 East Push Trailer 1988 1998 East Push Trailer 1988 1998 East Push Trailer 1988? 1999 Lowboy Trailer 1994 2004 Loader, Front End, Volvo 1995 2010 Pice Trailer 1983 1998 ~ 11-06 OPERATIONS VEHICLE REPLACEMENT SCHEDULE DNC:rtption. Replac;enwlt Division B.U. B.U . B.U. B.U. B.U. B.U . B.U. B.U. B.U. B.U . B.U. B.U. e.u . B.U. Maint. Number Descrtption Model Yur Estirnad Replac:91Mnt Om 8438 1995 2003 8439 1995 2003 . , • • • 0 '32xl , ' .t . I ./ ,: ~ CITY OF ENGLEWOOD BID PROPOSAL TABULATION BID ITEIIS(S) -Low Ground Prenure, Rubber Tracked, Fann Tractor Bid Opening Date: May 14, 199711:00a.m. Bid No. Bidder Price 1 Strasburg Equipment Company 303 622-4207 $102,237.12 Att: Dan Crouch P.O. Box 237, 4225 N. Strasburg Rd. Strasburg, Co. 80136 2 Wagner Equipment Company 303 739-3238 $112,111.00 Att: Dave GIidea 48321 Hiway 14 Burlington, Co. 80807 3 Stephen Equipment Company $104,230.00 Att: Reinard Janssen 7460 E. Street Hiway 86 Franktown, Co. 80116 0 • ---. ·- low ground.,..._ -bid -X N (") '- • • 0 • Technical Evaluation for I • Low Ground Pressure, Rubber Tracked, Farm Tractor s--ification Stnubunt t,;~G~t,;; The engine shall be diesel fueled and have a minimum of 175 PTO Yes horsepower at rated engine speed. The engine shall be a low exhaust emission (180 HP) ( compliant with 1997 EPA air quality regulations). turbo charged model. The engine will have a liquid cooling system with antifrcczc protection to a minimum of -20 degrees F . electric stan and dry type air cleaner. The engine shall have an exhaust pipe rain cap if a straight, vertical exhaust is used . The engine shall have cold weather staning assist operated from within the cab. The engine shall have automatic shut down capability for high engine temperature or low oil pressure. or an audible warning alarm . The engine shall have a master electrical system disconnect switch. Fuel tank capacity shall be a minimum of 125 llallons. J:M~SMIHW~i The transmi55ion shall be the manufacturers standard 16 Forward power shift type with a minimum of twelve ( I 2) forward speeds and four ( 4) 4 reverse speeds. The bid unit shall have a "freewheeling" transmission to allow Reverse unpowered loading onto a flat bed trailer through the use of a winch. The bid tractor shall have a reverse travel warni1111 alarm installed . STEERING AND BRAKES; The bid unit shall have hydrostatic clitfermtial Yes power steering and disc type hydraulic power brakes. A parking brake shall also be included. lll'.PBAL!LICS; The hydraulic system shall be flow or pressure Yes compensated and have a flow . rated at the pump, of a minilrum of 30 gallons/minute. The system shall also have a minimum of three selective control valves with the "-IIIAhilitv of addinll additional control valves. .tJ1li The PTO shall be a rear . independent. 1.000 RPM, 1.75 inch diameter Yes shift IDlined to fit a John Deere 785 ma,u-e ....-w. IUBEE t!l~I HITCII &,i'IID DRAB:MBi The bid unit shall have a three Yes point hitch (category 3 /JN) with quick coupler and a minimum lift capacity of (15.6SOlb J 12 .500 pounds. The bid unit shall have an adjustable swinging draw bar with secondary chain support and sway blocks. The hitch shall be sized 10 match imnlements currentlv utilized u Dalt of our ONntino nrnanm. QtEBAll2B tBQTECTIVE SJ:BL!CTUBE IC&lli The cab shall have a Yes Rollover Protective Structure (ROPS) The cab shall have an operator instrument panel to monitor all engine and transmission functions including all fluid temperatures, fuel level . actual ground travel speed via radar monitoring, PTO rpm. engine hours and/or 9CfVice alerts. The cab shall include auxiliary electrical connections for phone. monitor or radio The cab shall also include healer, front and rear window defrosaer. air conditioning. two ~ and intermittent front windshield wipers, rear windshield wiper, inside cal, mirror. externally mounted right and left side rear view mirrors, fully adjustable driver's seat. tinted glus and access steps 10 the cab An AM/FM/Weatherband radio will be installed into the bid unit. .IJS&llll Unit exterior lighting shall consist of halogen headlights, front. roof Yes mounted floodlights, rear. roof mounted floodlights and hazard/tum signals front and rear w-Steohen Yes Yes (175 HP) (180 HP) 16 16 Forward Forward 4 9 Reverse Reverse Yes Yes 0 Yes Yes Yes Yes Yes Yes (12.500 lb) (15.6SO lb.l Yes Yes Yes Yes I· 0 ...... • • • (. Il6CkS; The tracb all c:omill al a left ..i ript tndt fhme with a minimum aim (S) axles JIii' aide. Tbe tndt ........ be rubber belled with a minimum widdl al t'Mml)' four (14) indm. Tread .-:all all be eiply1iahl (II) indm. Wlla is the c:alcullnd pound pr.an Mipl afthe 11K10r • --t 7 _...H.tiNmlll 1:00iPMDT, Tbe bid unit ..0 haw a SMV emblem. tool box, elecaic borm and openlOr -..II Tbe bid unit ...... haw tie down boob for tralllpOlting the unit on a tlal bed tni1.-. Biddlr .... recommend a trlCIOr blllalt ..... c:onfigurllion. if ~. to acc:ommodatc the Ille iMalded • dmcribed in the G£NEllAL NClioa --· Ballut---reco111 -~-on {tocal ...........,\: What ia the 111..--d bid unit's eltimaled -_..........., SQYJCI; Is loc:a1. lilctory IUlboriJllld ISVice available? Are repair techniama &clory lninml ..Uar cienified? ,-. p loc:alion al equipment IS\'ice nmvid...-. Add addilioall CXIIIDCIIIII M ~- How 1w ... the--' uait .,_ in--.cill 7 Mau&clurw lllllclel ........ -litenlure - Sews afbid accorclal,cc and CletiWIV. Warranty Eltimlted d,ali-,, time Bid """" af 11111 unil . • Ya Ya S.7 psi (25 inch belts) S.9 psi Ya Ya 9.691 2.4SO 246191,. 25 SOO a,_ Ya Ya 1997 Jan '9S l200T Cbll.35 Ya Ya Ya No 2yr./ 2yr./ 2000• 20001w ~·97 16weeb SIOl.237 .92 SI 12,691.00 ... Ya S.7 min ./ 6 .SS max. Yes 1200 23 650 NI 12-- l200T Ya No 2 yr./ 2000br 90...., SICM,230.00 ' ' .. • • • • ,. MEMORANDUM To : From : Date : Subject: Dennis Stowe, Plant Manager Jim Tallent, Operations Division Manager May28, 1997 Technical Evaluation and Recommendation for Purchase of One Low Ground Pressure, Rubber Tracked Farm Tractor A request for bid was sent to three vendors to pun:buc one low ground pressure, rubber tracked fann tn1Ctor for the Littleton/Englewood Wastewala' Trcalment Plant. Three vendors raponded to this request. Submittals were reviewed and a technical evaluation bas been completed. All units ~ tecbnically acceptable. I recommend purchase of one John Deere Model 8200T low ground pressure, rubber tracked fann tn1Ctor from Strasburg Equipmenl Company in the amount ofS I 02,237 . 92. Cc Betty Goosman. Buyer m • • .. • 0 ; '32x l • • . .. • '· COUNCL COMMUMCATION 0.. Agendalllm ...... June 18, 1117 Relolullon .............. far 10 ciii TIie 5, Cllllpler 18, Alllomolllle PNl•aarsLJcema lnlllllllcl By I Flank~ ........ -of Flnandlll SeNlces Dnc:IIDr' COUNCIL GOAL AND PIIEVIOUS COUNCIL ACTION T1lil rNOlullon ......,_,._far aulDmolllle ....... ou,s llcllw. E C I .... ,._ S., ........ la ....... by TISle 5, Chapls 1. Al the u.y 8, 1918 lludy sm1on. mn dllCl-1,... p;apoNd mcn1ar11an ..... ca, Council. oa ..... s. 1918, the Cly Council read and peaed OnilnanCe 25, s..tes of 1918 on tlnal .-..... TIIII o,&um ellablllhed the morato.tum to Ml from June 10, 1918 to Declmllllr 10, 1918. Council 8llopled o.Aaa 55, Sei1es of 1918 --•1111 tlllt iilOIIISOrtum unSII Ap.tl 10, 1•1. On Febnay 11, 1N7, ca, Councll i411N...ed on tlnl l'Ndlng a bll far an onllnance Uleidlllll tlllt IIICll'll9oilum unSII Jdlf 10, 1N7. Councll i411N...ed • .. reading tNs new llc:ense under TIie 5, Cllllpler 18 of tlllt ca, Code on June 2. 1N7. RECODWENDED ACTION Staff WIIMilds CISy Council app;ove tNs rNOluSlon. IIACKOltOIN>, ANAL ftlS, AND AL TERNATIVD iJEN Ii & No,._ have bNn previoully aablllhed arm Ills la• new llcanN. Fees .. 811 s., .-oCuSlon to.._ ca, Council tlexlblllly In i9WNIIIIIII and Nllng fees. No alSemaSlves were Identified . FINANCIAL MtACT No fees were collected for this llcense In 1918. F .... 811 • follows: lnllallAnnual Ucenle Fee: l250.00 ApplcaSlon FN (paid In advance): 110.00 BadlQround lnvestlgallon F• (paid 1n advalm) aso.oo UST OF ATTACHMENTS Copy of l'8IOlullon . ' • • 0 'a2xl • USOLUTION NO. (,{) .... O,U97 (. • • - A RESOLUTION ESTABLISIUNG FEES FOR AUTOMOBILE PAWNBROKER I.JCENSES UNDER TITLE 5, CHAPTER 16, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City Council af the City of Englewood, Colorado bu amended the Eqlewood IIUDicipal Code with the paaaap al C.B . .W, Series of 1997, by deletin( the 1efaeoce to liceue fw; md WHEREAS, liceme re. are more appropriately eet by Council i'NOlutioo on m umual buia; md WHEREAS, tbia i'NOlutiOD eetabli8M8 liceue feN for Automobile Pawnbroker Licenaea; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sa1ioo 1. The City Council of the City alEnclewood. Colorado beniby approvea the following r-for Automobile Pawnbrobn: Automobile Pawnbroker Liceme Fee: Applicatioo Fee Bacqround Check Fee $250.00 mnually $ 10.00 paid in adYance $ 50.00 NOD-refundable ADOPTED AND APPROVED tbia 18th day al June, 1997. ATTEST: Tbomu J. Burne, Ila,- Loucriahia A. Ellie, City Clerk I, Loucriabia A. Ellia, City Clerk for the City al Enpwood. Colando, benby certify the above ia a true copy al R.-olutiOD No._, SeriN al 1997. -.. r • • • • .. COUNCL COMMUNICATION Data Agendallam Subject June 18, 1917 Resolullon 9ltabllsllklg fees for 10 cii TIiie 5, Chapter 15, Pawnbnlkers u:.r- lnlll*dBy I Frank=. SllffSource -of Flnanc::lal Services Dlnlc:lor COIIWCIL. GOAL AIII> PREVIOUS COUNCL ACTION This resolution establishes fees for pawnbrokers dealers licenses. Eslabllsllklg fees by resolution Is requinld by TIiie 5, Chapt• 1. M the Maye. 11118 study session, staff dlsc1111ec1 the propoNd mor11o11um w1111 the Cly Counc:I . On June 3, 11118, Ille Cly Council rud and paaed Onllnance 25, s.tes of 1• on ftnal INdlng. This Onllnance Ntllblllhed the monitonum 10 run from June 10, 11118 to Declmber 10, 1•. CClunc:I adaplld OICllwa 55, Sertes of 11118 utendlng Ille morlloltum unlll April 10, 1117. On February 18, 1117, Cly Counc:I appilMd on Int !Ndlng a bll for an ordinance .-1111111 the mcnlClrtum 1111111.», 10, 1117. CClunc:I appnMd on.,. INdlng this llcanN l.llder TIiie 5, Cllaplel' 15 of the Cly Code on June 2. 1117. IIECOt•EtmED ACTION Staff IWCCllffll8llds Cly Counc:I approve this resolution . IIACKGIIOIN>, ANALYSIS, AND ALTEIINATIVU IDl!NTFIED The licanN ... Is not being changed from pravtoully ........ levels. but the ..-.11on ........ ..... to "'*" the olhel' llcenNS under this... FeN ..... by NIOlulion to allow Cly Council ......, In ... ,. .. .. and Nlling fees. No alemallves were ldentifted . FINANCW. _.ACT FeN of S10,000.00 were callecled for this licanN In 1•. FeN .. Nl • follGwa: lnltial/Annual PawnbrelkelS UclnN Fee: S1 ,000.CIO Applicallon FN (paid In advance): $10.CIO Bac:kclround 1n¥91tigation FN (paid 1n advance) sso.ao UST OF ATTACHMENTS Copy of resolution .. ' • RESOLUTION NO. f/1- SBBlll!I OP 1997 • • • A RESOLUTION ~ABLISHING FEES FOR PAWNBROKER LICENSES UNDER TITLE 5, CHAPl'ER 15, OF THE ENGLEWOOD MUNICIPAL CODE 1985 . WHEREAS, the City Council of the City of Eqlewood, Colorado bu amended the En,lewood Municipal Code with the pauqe of C.B. '3, Seri• of 1997, by deleting the reference to lic:eme f'Na; and WHEREAS, license re. are more appropriately Nt by Council reeolutiOll on an annual buia; and WHEREAS, this reaolutiOll eatabliebN li«-N r.. fbr Pawnbrobr Liclaw; NOW , THEREFORE, BE IT RESOLVED BY fllE CITY COUNCD.. OP THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l . The City Coaacil of tbe City of Baclewaod, Colando baeby ..,.._ tbe tbllowiq ... -Pawnbrabn: hwalirobr LiclMe Pee: Aprfi smea Pee he'c da..akP• '250.00 amaaally • 10.00 pu1 m ammce S 50.00 Noa-nlaadable ADOHG, AND .APPIIO\'m ._ llda dll, of"-, 1117. ATTEST : Loucrilbia A. Ellia, City Clerlt I, Loucriabia A. £Ilia, City Cl.t b tbe City of......,_, Colorado, bawy oatifT tbe above ia a true copy of RaaolutioD No .__, S... of 1117 . . ' • .. • • 0 '32xl • • ,.. • ,. • .. ... COUNCIL COMMUNICATION .,.. Agenda .... Mlject June 18, 1997 RNCllutian ........... fees for 10 ci TIie 5. a...., 13, Temporary -Sen,icN IJmnNs lnlllalacl By I Frank 8Wloun:e -of Flnandal Services DIMdDI' COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Thil rNOlullon ......_ fees for temporary~ NIWllll ...... Ellabllllll1g fNs br IWlullan .. l9qlftd br TIie 5, Chapler 1. Al 111e uay e, 1• study session, staff dl9clmed lhe propoeed rncn1artum w1111111e City Council. 0n June 3, 1•. Ille Cly Council read and passed Onlnancll 25, s.rtes of 11N on 1lnlll INdlng. Thil Oftlnmce 8ltablllhed Ille moratortum to run from June 10, 1• to December 10, 1•. Council adopted Onllnalce 55, Sertes ot 1• e,cte11dll1g lhe rncnlartum until Apfl 10, 1N7. On f*'-Y 11, 1N7, City Council appioved on tlrlt rudlng • bll for• onlnance ute11C111g lhe fflllllllDllum 1111111.,-, 10, 1N7. Council appn,..ed on tlrlt rNdlng this llclnN under TIiie 5, Chllpler 13 of lhe City Code on June 2. 1997. IIECOIRENDED ACTION Staff -· City Councll appn)W9 this 1910tu11on. UCKGROIN>, ANM.YIIS, AND ALTEIINATIVD IWlrED The fw .. not being cllanged from 111W¥1ou11r • ti hid lewis. All '11•11!:alkNI fN hM bNn added. Pea ..... br l9IGlution to ... City Councll llmdblllr In-·-· -......... No altemlltlves were Identified. FIIIANCIAL .. ACT Pea of $250.00 were c:olllded for this llcerlN In 1•. Pea .. Ill• falcMa: lnltlal lJcenN FN: 1100.00 Annual Renewal LJcenN FN: ISO.GO Appllcation FN (paid In advance): 110.00 LIIT OF ATTACHMENTS Copy of l'NGlutlon ' • t • . - .. • • 0 1 32xl • RBSOLUTION NO . .s:J saatGl'lll'I ·, • • A RESOLUTION ESTABLISHING FEES FOR TEMPORARY EMPLOYMENT UCENSES UNDER TITLE 5, CHAPTER 13, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City Council of the City of Englewood, Colorado bas amended the Englewood Municipal Code with the puaage of C.B. "2, Series of 1997, by deleting the reference to licenae f'Na; and WHEREAS, liceue fNa are more appropriately aet by Council l'810iution on an annual baaia; and WHEREAS, thia reaolution eetabliabea liceme feN for Temporary Employment Licenses; NOW, THEREFORE, BE lT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;w 1. Tbe City Council of the City of Enclewood, Colondo hereby appruvw the following f-for Temporary Employment Servi-: Temporary Employment License Fee: $250.00 annually Application Fee $ 10.00 paid in adYuce ADOPl'ED AND APPROVED tbia 16th clay of Jum, 1997. ATTEST: Tbomu J. 8urna, Mayor Loucriahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk for the City of Eqlewood, Colorado, banby cstify the above ia a true copy of Resolution No.~ Series of 1997. .. ;oe. t ' ' • • 0 '32xl • • • 1' ... • • ' (. - 13(a) CITY MANAGER'S CINDERELLA CITY ACTIVITY REPORT June 12, 19'7 Equitable Equitable is amending the draft Purchase/Sale Agreement to reflect they will convey the property to the city followed by environmental clean-up. Equitable's Denver counsel is handling this. Staff Source: Dan Brotzman or Doug Clark Equitable Real Estate received an unsolicited offer from a Aorida based real estate developer to purchase Cinderella City . Equitable has evaluated this offer and has chosen not to pursue the matter. We are still awaiting written confirmation of this course of action from Equitable. Staff Source : Doug Clark • Mercantile Mercantile and the City have completed the right of entry and licensing agreement authorizing Equitable's contractor and City officials access to the former Joslin's building to conduct environmental remediation cost estimates. Staff Soun:e: Doug Clark . • Mlller-Kltdlell Miller-Kitchell is reviewing the revised development agreement and should have it back in the City's hands approximately June 23. We are also expecting PUD submittals by June 23 . Finally, Miller-Kitchell has agreed to tab over Montgomery Ward lease taminalion from Equitable pursuant to the Purchase and Sale amendments mentioned above. Staff Source: Doug Clark or Bob Simpson • M-oto..lNr-Arts City staff has 1111empted to facilitare a tine-way meeling comprising of the City, MOA, and Miller-Kitchell. MOA has aked thll we postpone Ibis item until Ibey have had an opportunity to review the ldUllion wilb their 8omt ofDin,cr.on. Staff Source: Bob Simpson or Doug Clark . ' ' . • . .. • • '.., , l • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 NO~SCHEDULED VISITORS JUNE 16, 1997 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STA TING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC e Q h a,l'hr~'> 3p5 · S. > b~f/Mhl C,#-l ,6,tRl f/1e,. ..tL-- +'(YJ..._.,t"-'-d ..... K_,__--'+tt~%-=<;.J;S....c.2 ___ )'-'f-'_{_c;_.____..S:c....:...~'--'-'-t:......,m"""ld'"-"'°'4---=C,...:....:r':=h=lf-'-""'J~f/,c. e m11131ct1' II CI I I ,, ., f' I CH <1c,..ucs--< D U.vtn "!>~ C\ S. G.QC,-st . {]°1 ~cf2-~ <stt..Bf31cl-~f-'1-rk e.~o UJyc,L Cho1c.6_ ) ~<U?4~-/Jo/8$.f~t44){~~ 1 .;;7&:,L oda. al.Le 'f1ll-A..~.H~lfo< -~-ir:::.~~ c/µ,j(i 44 koAC 3 ¥A-,2-)'.. J le.a .... Ht :.VJ.:,;< ~ -~VU+'N> J, (,Jtlly £0 il.-Mlh,l J./1~~ $'4 f?14,n;w41 al6&-lewPi'-9~ CCSIGNI - *::' . '. . t. . ' .. • 0 '32 x l • • • . ' - '· MEMO To: From: Date: Subject: Englewood City Council Alfred F. Vonnittag, Councilman June 13, 1997 International Shopping Center Conference -Las Vegas This memorandum is intended to provide City Council with feedback and information from the International Shopping Center Conference in Las Vegas that I attended. First, thank you for allowing me to represent the City. 1be conference was very informative. Doug, Skip, and I made several useful contacts that I believe may prove to be valuable to the City as we continue with the redevelopment of Cinderella City . lbey were able to meet with a number of retailers and sat in on some presentations that passed along a lot of useful information about the retail per- spective in development projects. We also gave the company representatives we met information on the City of Englewood to assist in their decision making about sites. I attended a speech by Arthur C . Martinez, CEO of Sears. He described the way he was able to help his company change the way customers viewed Sears. He talked about how he saved Sears by increasing sales by bold planning. His speech was interesting because of the relation- ship to Englewood: We need to define who we are and where we want to go and target these ef- forts in the redevelopment of the Cinderella City site . We were also able to see a debate between Jesse Jackson and Jack Kemp on the issues related to development of urban areas. It was a good discussion although a little out of place for this conference. We met with a representative from WalMart and discussed the Englewood site as a possi- ble location. We talked about demographics, traffic volumes, and the RTD light rail that will soon be locating near by. 1be representative did show an interat in the Englewood site and said that they would review the site in June. We should expect WalMart to contact Miller Develop- ment and provide them with further details. I also learned more about different types of resaaurants that may consider an Englewood location and their impact on the character of the redevelopment. In general, fast food restaurants gets more "fast food customers" and high quality restaurants will give a more upscale feel to a project . I was able to meet with representatives from Gap, T.J. Mau, Chevys restaurants, Frozenfusion (like TCBY), Lenscrafters, and other businesses. I brought back information sheets from each of these businesses and some magazines on shopping centers which I would be happy to share with other council members. lbere is an order form for audio tape highlights from the ICSC Spring Meeting in Las Vegas, for those who have an interest. The material that I gathered from this meeting is available for you to review. Please feel free to take a copy of any of the magazines, tape, or information sheets. I enjoyed the conference and appreciate the opportunity to attend. Pronted on Aecyct.d Pape, • .. I· 0 • ' ' .. • • ,, • .. .. 0 • --------------------..------------------------ • • I• - 1 Mr. Mayor, Members of the Council: My name is Vada Bishop. I have been a resident of Orchard Place for 16 years. I would Hke to know why we ... told by Mary Ryan-Ozbwn that the building attendanla can not be tired? Yet in thia country we can fire even the pr,11ident by impeachlllenl. Why • it that the Phillaaa' can bNak al ... ftllN in ... book -but etil no action ia tahen ....... them?? RulN auah • givi119 out m•llr uya to their frtellda and ,-1111111 ma1l1r -,. out ID eomeone who cllllima ID be from Pubic ...... It •••me that llr. n,s,-can play poa.r every....._ 9"1111111 for what oould be OOI ........ high ....... of lWaay br ... of the ......_ Thia ia alao dona when he ia on dlllr-He hold hia game in the COIIIIIIUlllly NMIIII -not in Ilia ..., baawt. Whan he w told he could no longer have hia ...-, he IDld Englawood Houaing Aulhorily thllt If ...... cw than ....... could not play bingo at 10 a.Ila for two ~ and a big pot of about .IO ID • 71 a.Ila! 8o E11glawood Houaing Aulhorily aald • OK Ill" PhSpe, ol OOWN you ... rtghll ' ..... •· 0 • • ·, - It eeeme Mr. Phillipe has put hie brand on the building wheel chair. He hall thee efore left it • ehamblee, unfit for ..,. uae by othera who may .... it from time to time. There waa a r11idenl down in the lobby laldl• badly about Marte and .... w 111111111• flllN acct•ldlo.-. about hinl on tap of tie. 8118 had her bible in her hmd. I told her Ille w a tt,pocrtla. She IDld NWl"III peaple ....,. that that ehe had been cd1d a Hypoclile. Then ............ lll'Ol.nl and told anolher .......... . Q11'91w•me ...,.. ttllll I had cd1d her,_ my .......... , an "SOlr'. It w rwpartld to Jacqui Plckalt (an educ1t1d ...... , ttllll I had cal her an 8.0.8. I told .... Plollell ttllll I did not cal her a IW, That I had cd1d her a~. At tllla. 1119. Plca.tt, .... Id that hypoorile and 8.0.8. ha¥e the -a,l1bl11. I have on ...,.,.. ooa•IDW• lleard llr. Ph .... WI ...... •If you don't._• tNa way,._. move ou11• He._ .. ,,rd wa no longer go by h nllN. W. ha¥e bra..., them d and El.gl1 waad Houaing won't do anytllll• about It. Thank you for tNa opportunity ID ap1ak tD you. ' • .. • Orcbard Plasa 3,2s So. Sher-en KIMJlewood, CO 80110 llarcb 30, 1997 ·~ • • • (. 'fellallta ci.ril 11.berti.•• and qaaU.q or li.re are at ri.ak. 'fellallta eaperi.enoe eaoti.ona1 aba-•· So aacb ao tbat aoae tellaDU ba,P9 beaJ.th reJ.ated Ti.ai.U to boapi.ta1, ~ roca riai. ta. Secari.q i.a broken by -napra. ca .. 1.ag 1*1ADta to r..i anade i.n thei.r 011D .._._ ...a»lic DOt reqai.zed to rollow correct cbenne1• to 9&i.D entzy i.nto a aecari.q CODtroll.ed bai.ldi.lMJ -Orcbazd •1.aaa. baoTal. or Orcbazd Haoe property (orgasa). Poaaibl• 11:i.auae or 9rant ~anda. (t5, 000) to 1*1aata. .. P•,Tal. 0~ Orcbazd •J.aoe Org&II aad pool table.,,,_ i.n by aanaAJ9r wi.thoat ~ o~ tenaata or oomaci.l -.ote. l'oOl tebl• baa ai.pi.ri.caatly zieclaoed the •i.-o~ the ai.tti.Dg roaa iD the ...._..niq roaa. Tenanta ha,,. e ~i.oaa Deed ror a ~teti.,,./ad9ocate to hear ccaplaiDta at Orcbazd •1.aoe .. -11 .. IRJD orri.oe. ~r ~ai.la to 9ll81Mr ~ call• ~rca 1*1aata. Attendenta not pbyai.cally capeble to bel.p. llot to -ti.OD the only wheelcbai.r i• i.n the po•-••i.OD o~ ---.,.r. . . .. ., • , ... • y • ·, • ' ' a.o1::10Gal Aba .. 11 -.. .. _u....., .. ._ .. _..,_~ ... 2) -.. .. --.. -... -.. _,._ .... ... _ -'-F •• ._. ..... _ -·-.. -- .. ~ •1-.1 Jo-r-.........,, --• . ..._, Vea1:a a11e1 aaay aoz.. J 3) -.. ......... _rp1,p.._ __ io••----~-........... -. .__,, .. -...... -.. .. -...... rtad~--.... .._...__,._ JaaJ.1 •. •1 _,,, -.._._ .... -..... ~ ... in r-• .,, ,._ ~.-. _...,, "-.. -r-,._ --· I~ ...,,, .., •• ._. • """-• --• I •1 •·-...,,. -...... -.. ..._ •• •u .... ~ doa•t li.Jre it,..,.,.,,,. •1-.,. .. -u....., .. _ ... ...__'-F_u....., DI!-..... ............ ~-.... DI! ....... _ ... "-Zy ... al t:lay Gaacl:it::Loa !I Cd ed. . ' .. • 0 • • J'~ f? ir! ii,~ 'bl~~ r 1r ~1 ·11 ~.1r 'Irr~ ft, i. f ~ rfr ~ t' r ~ .fa5 F! .. i [·[ 4"'( 5 5 i 1£, ~~ ~r1' ,,~i ,.fa , ~" I " ~ i a-t" ~,i =J r1 ir, ~f~l i •·' ·1 :ii irli :I, ' flt '~,r r!t 1:1 I . [! I 1:1 1f~ (Ii' u 1 (!( f q ff l I i• I i•t r:: J•11 1s : i~ f~i !!i ~ •& ~ Ei ~(i '!{ t ~ 1 1.. f .. 8 I • ' . ' l:t • .,. t r ,1, ,' I .. , , ' . ~ . 7 I • • • • l• • My name is Anne Burrie. I have lived at Orchard Place 2 and 1/2 yearw. Last year I wa aecretary of the Orchard Place reeident council. My dutiea mo included writing the Pl opaaal for a five thoueand dollar ($5,000.00) grant from the Bwgner Fla'ldll. During the past 2 and 1/2 yNl"9 we have had two different executive directDra, aw.. dlffwenl property .... ....,., two different .... of building ........... 1111d OM Nl of a11(1lalll building .._......_ Now you wll be llllfflillll • new executive dinlctDr. We Ill Orchard Place would ... to -""""""' 1111d 1 alionlll leadenhlp for Englewood Houaing Including Orchard Place. 1t w11 be two year9 aao 1n a • ......, when 8111n and Betty Ph•pe were l'lllllled • bulcll111-.N1111•. Unaa1ln1H and qa,aatio.,a began when the raaldela re 1lad thlll two rHI...,..., 8herrie Dillon 1111d Ernie ...... ._.. beoolllll111 ....... frienda 1111d eingled out far .... tnatment. Then we re lzad thlll Ernie had beoome Sllln'a gallr. He w handed ._ 111 .... , lier to no only open ._ oommon rooma and .... out ............. but .... .., ----when ... cld not want to go 1111d do ......... Frolll tia 8-r .... bull a group of apprmdmMlly 10 to 12-... ,. ... who ........ lollby day in 1111d day out 1111d watch ..... GIiier ,. .. ....... 1 ' .... .. • ' · I I ~ vJ "' l. • • ··> 11111 lfiffiJ ll'l; J'tt!i 11• 1,t111, f •11 . j ,, rf 1 fl( t Ill 11 . .f l!fl i;,iir ~f;11 fl1il u ··-1 -,-~,! ~1~,· 1111, f I Ir ..!f f •J. f It ~l!i~~ ! If I ~f ,-·1 ·11''' I 11 ,~l!i }fl I•-i11 riff rl1r II' -!iJ~i l'rt I•~ I • , . ' r I . . . ~ ' ' ' • • • , . • <. The B1.Wg1Ntr' Fund granta are lllocat8d to non-profit organizations for the educational, enlltrtainment and aocial uee a apecified in the propoeal. At the time of writing the propaaal, we were told by the Burgner Fund grant commill8e that capital expenditwn were During the pat two YNl'8 ... Ph.... have had ..,,.,... OOllfronlaliona wllh rHldellla rHulling In Y••ng ffllllchee and ........... HI and hi.mt probleme ID ... realdent. In fact, moat r11ldellla ... and WOlllder If their ..... wll be .......... d. Let .... wure you, when a 1111111 tr4"and 800 pculda co11f,o.lla an IO ID 86 ,_.. old waman who la bar9ly a 100 pculda, h pereon la very lnlimmd. We have one MICh rHldent. ....-. ........ Smllh. who w Ill Pwt Habor on December 7, 1842. .....-. ....... doN not ml11oe worda. A .... la a epadel Three clllaNnt lilnN ... or Belly have....,. lnlD llradH wllh ._. ... wll one raaulllng In wtoua ha.mt and heart oondlllonll tD Ha..... Aa tlnle ._ gone on fflllllY of ua have re111nd .............. been In the right. E1peclalty now• elmlar ... lllticMe have hllppenect tD olher r11ldellla .._..., will '9ellllant hi ... OOI ...... We all "Doee 80lllaDne hllve ID cle before aometllil1g la done?" We mo all "le thla not 8anior AIM- and Hs111ment?"' 3 ' ..... .. •· - • • • • . ' • '· In the past two yeara The Philipa' have continually ignored the request for confidentially when peraonal aitulltione were dillcueeed with them. While in the lobby they have repeatedly diecueaed the various management problems with reeidenta to any one aitlilag there. Thia haa acared the elderly reaidenta ao much we now have a eatillta police office in oar building! They have alao made deroglllDi'y comments about and to ¥llrioua reaidenla • they go through the lobby. Now moat rHldenta W. h elevator ID h eeoond floor and then ... down ....... and go out ... aide doora. We .. not able, phyaioally nar flrlllliclllly, to move eome place elN. For moat of ua tha wil be oar home for h ....t of oar llvea. We are aldng you the City OCUICI for help-pl1•1 oonaidel" the appoil11ment of a new wulive dllNIDr wilily. P11a11 001aider ... , it about ..... far ......... oould ..... In ..... living condlliona for II .. r11ldlcnla ol Oldmd ,._. • w.a • II h Neidellla of h 1'191 U.DDd Houalng Aulhortlyff ... , it about tinle for ... pubic COlllldenoe In ... Elaglewood Houalng Aulholity to be reatored?? Thank you for you altardion ID .......... ' ' .... .. •· • . ' • (. June 16, 1997 Mr. Mayor, Ladies and Gentlemen of the Cculcil My Name ia Mark K ..... and I live in Ordwd Place, a low income apa; bnent complex of the Englewood Houaing Authority. On llardl 18, 1•1 I w eleclad Pl 11ldent of our building reeident council. No one .... would W. the job .___ of atan Philipa, our building .......... and hie bully tac1ioa. I w elected by ID 11..,,,... In 1111a OCUICI mealilag. He w •keel ID leave by 8le oulgallag pr,11ident. Whan he would not leave, I again •keel him ID .._.•he doN not have• wa6a beoa-he la an empla,-of the City .... ..., cld -................ will hie .............. going ID hit....... Thia la .. .,._ of....._ 111111 many of ua aw fllm••r wlll and one of .. rea1a.• I w alaatad In .. ftrat ...... There ... • great deal of wan ID 11e ............ .. oullnga ID .. Country Dllw_. ....,.__ and .. Clraa tar al 8le lananla, a pot luck cllw_., and our TUI I day mornllag oaffl:aa among N"9l'III alllel' ....... On May &el• meetllag w __. ..... wlll Jacqui Plclletl and .. ...... in .. OOIIIIIIUllllr nNIIII. The .......................... not 1 ' ' ' .. • , • • • (, invited a this waa to be a dillcuuion and complaint •••ion. Jacqui could not attend but Mra. Mary Ryan-Ozburn did. Since I had Nt up the room and I was councH president. I started the meeting and introduced Mra. Ozburn. She proceeded to atata that applicationa for • job had been put out by the Englewood HoU8ing Authority for "E.D.". Not underetanding what ahe meant, I •ked if thia mead the Ph•lpa' were to be replaced. She rather beligerenlly Nici "I have no plllna tD Nplaoe them." I then Inquired • to what llhe m1•1l. She atalad the appllcationa were for her job. Then ehe cd1d our council an entartailwment CCM'ICil. At thill point I 1lapped the table and Nici "I object" in a rattler loud voice. I alao apolDglad for r•1lng my voice. She lmpl1d that I ehould not talk or ak queatloiW becal .. thia was her meeting. I then gave her a copy of our bylawa and pointad out the NCtion that ...._ for the betlannent of Ordwd Place. She atatad "I'll ehow thia 1D my IIIIIDmey and -what he ha to eay." The ....t of the meeting w ,..._ I.Nlev.ttlful. On May 8, 1•1 at our ........ INNllllly council fflNlling, llllry Rya,- Ozbwn in the OCNIIPIIIIY of two poloe allloel"a OIIIM in unannounced and tDok over our maallng. WIIII no m:11 d N•Dn or pwpoee, ehe put Mr Sanbome of the 8illlon Cenlar in • lamporal y pr1aldent. Mr. Sanbome then •ked Ari....U. cartar 1D come tD the front and preNnt a petition 1D remove me from offloe. The petition w read by Mr. Sanbome but had no NMDM atalld on it for the ...... Thia w • pNIMdltilllMI act by ...., Ryan,,()zbwn. 2 ' ...... • . .. ,. • • • • (. Mr. Mayor on June 3, 1997 your office received a ce1tified letter from me atating the conditions and the embarrH1ment impa1ed on me by Mary Ryan-()zlu'n. The letter readll • followa: (read letter) You have not ahown me the ccuteay of a ,..,ey to illY lettar, but you dd 1111k wilh Mra. Ozlu'n. Mra. Ozburn dd cal me but only to be accu1 lltia,y of me -..... that I had been ..... 111111per:.,g wilh ht bllllat bole. Thia ia a IDlal fllbr:callan ol ht truth. I infanned her lhlll I fell ehe -covering ..... Ph .... actione and ........ w being.._ than honNt. At lhia point.,_..,,....,_ me wllh Qefamallon of Charactar. I then illformed her that tia la ht end of OI.N' convenation and hung • on hertl Our,.. .... ia that Englewood HoUling and pa11lbly the City of Englewood muat be .,. ...... lot ol dirt under ... carpet. Mr. Ma,or -ID point out tllat W9 do .._. a OOI .......... falawlng wllh regard to ht oondlllona at Ordmd Plaoe and ID point out ID you lhllt Nowmber ia not that far off -at .... -I wll ak ow people ID atand -or• NIM OlllallGt ..._. -pl1a11 ,... ,ow lllll'ld. We aak that you clNn houN at &.gil MIDd HoUling for h 1. Mre. Mary Ryan-Ozlun ia not....._ ID head a wlior - ......... be ........ trulhful 3 ' • • . .. •· • • I• • r. wilh the facts. She appears to listen to only one aide of the story • the aide that ia politically correct to her own ambitions. 2. Jacqui Pickett la incapable of true leadenhip or decieion- malclng. She never_.. for both llide8 of the ...... She ia to inaeneitive ID the n••• of olhera and ha a •ona tendency to echo Mr. Philipa. 3. Robin Remeriez la b11IClllly a ,._ Too• penon and ependa to much time calartrlll ID ... Phi .... 4. from obeervaliona and experience: Mr. Phl•pa la or ca be • vicioua pereon -11pecillly when he ha bNn out dllllldl.. M olhel"a ca and wll allNt lo, ._ la a CW where hia wife, Betty Ph.pe, Cdld a then friend and told her not lo let Mr ..... pa lnlD ........... wnl. He ... drunk and ...... going lo..., wllll .... famly. .... Pt .... lnclcalad ID tla r11ldent that ahe w In fNr of hint. Alao, he ha dHhyed the only good wheel ohlllr h bulldlng .... far ....,...ncy .... When told not to ... the chllir by ..... Ozlu'ft, ... UNd It llllfW9Y• ' ' .. • • ·, • Mr. Phillipe w reported for having beer in a shop area that containa peraonal power toola belonging ID the building attendants and others. Only the building altandantll have a key ID thia room. Mra. Ozbwn told Diana ID keep it Wider wrapa and that she would get JeNe ID go with her ID talk ID him. Instead llhe put a note on the refrigerator "Who ever owna this beer -remove it wlhin 24 11o1n1• la llhe aleo afraid of Stan?? The Phlllpe have alllo given away council property auch • our old organ that could be worth from ,100 ID *800 with no voe. from the councllll I willh ID addl-one more it8m -that la the th. eat of "tarmination of CU'.._. becal .. we have come ID the City Council or we have even quaationed the...........-of Elaglewaod Houaing Aulhortly. I have two exampl11 allached: 1. The flnt la a nalloe put on al OOllllllOft ... doora that reeu11aci when .._ of CU' people triad ID put the ...... don Ml d by King 8a apera out In h OCIIIIIIUllly l"OOIII. 2. One ........ Rubr o.,.r. reoeivad h ....... lelllr when a oomplalnt --put In about her moving ........ around In the 3rd floor lounge. Both of thw have ----In the lat wk. 5 .. •· , FROM MARK KLAESS 3425 S. SHERMAN #303 ENGLEWOOD COL. 80110 MR WASHINGTON •, • . " • TO THE OFFICE OF MR THOMAS WASHINGTON US DEPT . OF HOUSING AND URBAN DEVELOPMENT I WISH TO BRING TO YOUR ATTENTION OUR PROBLEM AT ORCHARD PLACE WITH VOTING AND ILLEGAL RECALL ACTIONS BY MARY RY AN- OSBORNE AND HER lNFRINGEMENT UPON MY CIVIL RITES . 1: HER RECALL ELECTION OF MYSELF WITH OUT NOTIFICATION ON 5/8/97 2 : BALLOTS MISSING FROM UNDER DOORS ON S/23/97 3: SHE IN AT LEAST ONE CASE REFUSED TO REPLACE A MISSING BALLOT . 4 : SHE ALSO STATED AT MEETING OF S/22/97 THAT BALLOTS WOULD BE NUMBERED AND A CITY SEAL WOULD BE AFFIXED WITH HER SIGNATURE ON EACH BALLOT, THEY WHERE NOT NUMBERED . S: THERE WHERE SEVERAL CASES OF COERCION TO CHANGE VOTES BY MEMBERS OF THE OPPOSING PARTY . 6 : THERE IS ALSO SUSPICION OF A PERSON OR PERSONS TAMPERING WITH BALLOT THE BOX. THE BALLOTS WHERE NOT PLACED FULLY UNDER THE DOORS SO AS TO ALLOW THEM TO BE RETRIEVED BY PERSON FROM THE OUT SIDE OF AN APARTMENT, IN ADDmON :WHERE DISTRIBUTED BY CITA PERSONNEL. nns ENTIRE ELECTION WAS DONE CONTRARY TO STATED PERAMETERS . I FEEL THAT WE SHOULD HA VE A RECALL AND THAT I SHOULD BE REINSTATED AS PRESIDENT FOR THE TERM FOR WHICH I WAS DULY ELECTED UNTIL MARY RY AN -OSBORNE TOOK IT UPON HER SELF TO INTERFERE AND PICK SIDES . THANK YOU FOR YOUR CONSIDERATION MARKKLAESS CC . BOARD OF COMMISSIONERS ENGLEWOOD HOUSING CC . THOMAS BURNS . MAYOR CITY OF ENGLEWOOD . CC . MARY RY AN-OSBORNE TEMP. DIRECTOR EHA. ' . . . ,. .. • 0 , • •, • r • .. .. _,_ ...... ----_,_ .. ..,._....,_ .iii 'Ii • ,, ,, ' "' 1,1 IV ' I' ... ' 11 ... r r • 11 "' ' IV ' ... 11 ... ... • ... I ... I ' , • • • • • <. To Tfli- Anonymous Survey Questionnaire DO NOT SIGN DEPOSIT IN SUGGESTION BOX BY MONDAY, MAY 12, BEFORE 5 PM 1. Would you like to have transportation provided to the Englewood Public Library? IS yes 22 no. Suggestion oft'ered were: • How about a van or bus to go from Orchard Place to hbrmy and back. • How about the horse car -We'd need a driver who is qualified. 2. Would you like your resident council to perfonn any or all of the following functions? Check the ones you WANT the Resident Council to do. a Entertainment only 25 b. Tenant Advocate or liaison between Orchard Place residents · and EHA Management 8 c. I think the Resident Council should do the following function(s): • Promote arrange projects. • Have a separate person as a liaison. • Worlc with tenants for betterment of building. • Do not push parties and food down our throats. • Several residents expressed their desire to have Mr. K1aess back as the OP Resident Council president. I told them be could be nominated and voted for. ' • • • .. . Orchard Place Anonymous Survey/Questionnaire Mays, 1991 DQNQTSJGN 4 . lfl could grant your fondest wish, Orchard Place would be like this : • A place where all pt along. • Peaceful and harmonious. • Put Made K1aess back in as OP Resident Council Presiclent(Resideats need to vote him in). • No more bad moudling or aossip. • Put bbnry back to being a hbnry. • A safe, secure place to live. • Enter1aimnent llid pot lucb. • Parking with resident stickers only. • Diverse population training for attendants . • Building Atteodant -duty trainiaa. • Wort orders done in a men onlerty fNhiaa. • Speak c1oarly 111d slowly for dlOle wida beailc iapaWWWIII. • Cabinets in kitcbm above sink wida a liallt aader it. • Deconte ballways, • Games IDd cards done in Community room. J • . .. • ; I • • • ,. Anonymous Survey Questionnaire DO NOT SIGN DEPOSIT IN SUGGESTION BOX BY MONDAY, MAY 12, BEFORE S PM l . Would you like to have transportation provided to the Englewood Public Library? 15 yes 22 no. Suggestion offered were: • How about a van or bus to go from Orchard Place to bbrary and back. • How about the horse car -We'd need a driver who is qualified. 2. Would you like your resident council to perform any or all of the following functions? Check the ones you WANT the Resident Council to do. a. Entertainment only 25 b. Tenant Advocate or liaison between Orchard Place residents and EHA Management 8 c. I think the Resident Council should do the following function(s): • Promote arrange projects. • Have a separate person u a liaison. • Work with tenants for betterment of building. • Do not push parties and food down our throats . • Several residents expressed their desire to have Mr. Klaess back u the OP Resident Council president. I told them be could be noa,inated and YOted for. ..... •, . . .. •· • 0 r,~ . ' ' 1 32 x l • ·, · Orchud Place Anonymous Survey/QuestioMaire Mayl, 1997 DQNQTSIGN ,. • • 3. What would you like me to apply for 97 CIAP grant funds for-do you have any ideas for improving Orchard Place which I could put on the 1997 CIAP application to try to get funding for? Being done with '9S CIAP Grant FIDlds: • Elevators working -new controls. • Deadbolt locks. Being done with '96 CIAP Grant Funds: • Re-stripe parking lot. • New laundry facilities. We can apply for '97 CIAP Grant FIDlds to try to take care of this-It's up to HUD what we can do with money if we get a grant. • Kitchen: new sinks, floors, light fixtures, cabinets/colDlter tops and ceiling fans. • Hallways: new carpet, better YeDtilation, ceiling fans. • Interior decorating: New paint in all of building, new bathroom sinks. • Better air conditionina in conurnmity room. • Better grab bars in showers. • Outlet and ironing boards in laundry rooms . • S1m film on west windows. • Better roof top antenna Handicap IDlits are being done with '9S and '96 CIAP Gnat Funds. We'll apply for '97 funds to do more tile in badllorms. 2 •. • 0 '32xl • . ' < . . Orchard Place Anonymous Survey/Questionnaire May8, 1997 DQNQTSIGN • • • 4. Ifl could grant your fondest wish, Orchard Place would be like this: • A place where all get along. • Peaceful and harmonious. • Put Mark Klaess back in as OP Resident Council President(Resideiits need to vote him in). • No more bad mouthing or gossip. • Put library back to being a h"brary. • A safe, secure place to live. • Entertainment and pot lucks. • Parking with resident stickers only. • Diverse population training for attendants. • Building Attendant -duty training. • Work orders done in a more orderly fubion. • Speak clearly and slowly for 1bose with beariaa impaiuoellll. • Fresh clean air in ballways. • Clean building. • Cabinets in kitchen above sink with a light under it. • Decorate hallways. • Games and cards done in Community room. 3 • . .. • · Orchard Place Anonymous Survey/Questionnaire May8, 1997 DQNQTSJGN s. Would you like to sec tenant disputes handled by an outside, disinterested third party or mediation group? 24 yes 10 no, but I think the following would work well to resolve resident conflicts and disputes: • Management to quit working against us. • Have resident council resolve . • Building attendants to be more impartial. • Those involved should meet with manager to resolve and settle diffaences. • We are adults -no vendettas. • People should talk with people they have a problem with. • Wouldn't do any good. • Should try to settle disputes OW"selws -then use an outside party. • Take to EHA -then to outside party. • Kick out people who are trouble. 4 • -,..· . ' •. .. 0 • 0 '32xl • • - '· · Orchard Place Anonymous Survey/Questionnaire May 8, 1997 QONOJSJGN 6. How do you feel about your current Resident Council? What would you change if you could? What would you keep the same? • Council fine "as is". • Don't even need a council-didn't have one for a while and everything was O .K. • Give current council another chance to work out conflicts responsibly . • O.K . • Keep or put Mark K1aess in (up to residents to nominate and vote for him) . • In a turmoil right now -go back to former ways of following bylaws . • Current Resident Council President not coacemed with elderly . • Current ones arc "super" . • Present council is great . • Keep the same . • Keep coffees . • They should get along better . • More pot luck, coft'ees. entel1ainment. • Like coffees, pot lucks and crafts room . • Entertainment only . • Everything pretty good at this point • Take another look . 5 ' .. ,., • • • · .. ,. · Orchard Place Anonymous Surwy/Questionnaire Mayl, 1997 QONQTSJGN • • • 7. How do you feel about the cWTCnt building attendants? What would you change if you could? What would you keep the same? Most liked but wanted them to be more up to date, be confidential, non bias,4 pro(usional. 8. How do you feel about the current alternate building attendants? What would you change if you could? What would you keep the same? Vm wcll lwd-Vf1Yprqfusional and polite. 9. How do you feel about your cWTCnt EHA Property Manager and assistant Property Manager? What would you change if you could? What would you keep the same? 27 -B to kcce the sam,, Z7JfY wort bard but would lw, them to: • Screen new tenants better. • Not take sides. • Keep people from sitting in lobby . • • Be more pro-active and quicker in addNaiDg situations. • Make sure you get results. 6 .. • • 0 1 J2xl • • • '· . Orchard Place Anonymous Survey/Questionnaire Mayl, 1997 QONQTSJGN ... l 0. How do you feel about your current maintenance staff and maintenance supervisor and the use of the summer youth workers? What would you change if you could? What would you keep the same? • Fine -do everything. • • Summer youlh workers are good but have John or Jessi with them It all times -more supervision of them would be good. Need to finish quickly what they start -don't leave 'Ii done for Iona time . • Stay out of resident disputes -don't take sides. • Need to communicate better. • Slow getting things done. • Summer youth workers need to change their attitudes around people It OP - be more polite, be better supervised. stay busier. • Move maintenance office back down stairs. 7 .. • 0 f 32xl • • • <, . Orchard Place Anonymous Survey/QuestioMaire Mayl, 1997 DQNQTSJGN 11. How do you feel about the current administration ( executive director) at the EHA. What would you change if you coul~ what would you keep the same? II-liked 6-didn 't 5-undecided~ Some said: • Need to pay more attention to the tenants and people who live at OP and pay rent. • She wants things to run smoothly. • Interested in our concerns. • Helpful and stem about concerns. • Wonderful. • Director should be more accesstble. • She· s trying to get things straightened out. • She should listen better. • Give her a lot more money and a higher job. • Use Executive Director as final decision. • No complaints. • Keep. Others said: • Not worth having. • Need a new director who will see OP residents as voters and lepl residents rather than trouble makers. • Far from satisfactol)'. • Keep Mary Ryan-Ozburn out of our Council meetinp. • Tell Mary Ryan-Ozburn-we don't need her. 8 • . .. •· 0 '32xl • • • • <. · Orclw'd Place Anonymous Survey/Questionnaire May 8, 1997 QONQJSJGN 12. What should be allowed to be posted on the bulletin board in the hallway?(advertisements -what kinds if any) Would you like another bulletin board or a larger bulletin board? • Six want larger board. • Keep the same. • Don't care. • Clean off old notices regularly. • "Anything except pornography". • No ads of any kind. • Events, impol18llt notices. • Displays of the seasons. • Notes of crafts. • Items of interest to residents such as cafes, salons. employment. • Date items put up so they aren't left on too long-only a couple of weeks. • For all tenants to use. • Larger writina OD it. • Tbouabt it was for 1111'/ one to use for anytbing. • Get rid of junk. 9 .... ' . -' ... ., •· 0 1 32xl . --------------------------- · Orchard Place Anonymous Survey/QuestioMaire Mays, 1997 DQNQTSIGN .. . (• • 13. What other suggestions, comments, ideas do you have ? ~Need an orientation committee for new residents to help adjust sooner. • Some felt I brought about Mark's "over throw"-Residents asked Police to be there-I brought the ballots over upon advice of legal counsel. • keep up good security measures. • Ensure fair meeting. • Get rid of"gossip mongrels". • Clean halls better. • I love Orchard Place. • Like to see OP have a better reputation in the community . • Wants a group to play pinochle. • We have good people here and can be even better with a little help and better management. • A good place to live. • Improve communications. • Thankful being able to live here. • Love it here! Very tbankful. • Be careful who we rent to. • Maintain perimeter landscape. • Snow removal in parking lot -over 2" -we plow but not between cars .. • Keep it up -Best place I've lived. Thank you very much for your input. Each of your returned questionnaires will help me to work towards the improvement of life at Orchard Place. 10 • 0 •· • • . ,~ • Mr. Mayor, Members of h Council -lly 1W ia Gertrude Cori.ION. I have lived at Orchard Place 15 ,_... On Tiuwday afternoon, JWl8 5, 1987 at 4':00 pm, I 111ft my ..-. bawnt ID get my 111111, but forgot my key. So I went to h have one of...,. come and la'llock my ..-.11,wnt door. Thia ia part of h ..... of the building .......... Aa I w.._. lDttmd ... 05 I NW Lao llller, h a11I ksil building .......... uualling out of h north e;*Y door. Atler...,...a ....... of..._al ... O&andno ... uuar.,lw••d and knoclad ..... but .. no fl III DI-. Thia oanllnulld .... 4':60 pm. Appare;lly h n-111pe..,. nat on dlllJ. nw. ... ·····-·building-..... ........ to help out when .......,.cl••.._ but..,. w no well nMan tlllll day. At 4':&0 p111 I went to a. IIOIIIII end of a. ... to a. IIIIElll lnnanoe room • .,_ and a. CETA young peaple W9 ..... , NI IDld Jew about my problelil and .. cw to .. lrd tlDOr ... -... anocked my ..-.b,-nL 1 ' •· • • · .... • .. . '· MmUTEs O? :cUNCIL MEETmG OF ORCHARD ?LACE. 1/9/1997 Meeting opened at 7110 JIil. Jo Beals, President, Barbara Boulten Vice President, Grace Heqe91·lreasurer, Helen Lujin took the ainutes. Those Otticers eleeted in Deceaber restcned1 they were Joe Cordova President, Larry Vice President and Bertha Day1e)5ecretary 15 residents were present. Atter a short prayer by Sherrie Dillon all joined in the Pledge ot Allegiance. Ann Burris was ill so the ainutH ot the last stated ainutes were not aYailable. Grace Hedges pye the Treasurer report. The balance was $ d If L I, f/ Millie drew naals ror 'the door prfze. ..lba Brown in /J 102 was the• winner or a quilt •de by Cllria in I 612. The president explained the details ot the Berger Pllnd grant ot $S, 000. '!'he aoney was placed in Bank One \Sider Orcllard Place Counc 11. This aoney is to be used tor entertainaant only ao 811SP•t1ona are needed u to what the residents would lib .Barbara will be looking tor saae. IIOtion waa •d• and carried 1:llat Gl'IICe ~· • Bel.an Lujln be in cbarge or tile PUnd.Barbua in cbarpot entertalnant. Request waa •de the re•'4enta pay the $1.00 acm1:ll council dues. •otion waa aade and carrted tllat tu Comail para .... tbe Mat/ chicken tor the Jan. JOth ,-,t-Luct. •otion was •4• that the expense ot the Jan?th Coffee/ Continental Breadtaet be paid troll the Berger Paid-2n4 • carried. Diana• letty Phillipa were responaible tor ... Question was brought as to wllo will do the newalettar. Jo •uaested that perbapa Jacquie, Kou• .._..r ahoald be oaanlted. A new t1.ac waa diecuned since the one tllat wu ln •• bad been badly daapd by 1:lle wind. It .. auanted 1:llat a ...Uer on be pb'chuect. llotlon .a act• 2n4 • carried to c10 · ... •••ta Prank will purobue. A vote waa in favor ot contlmaelng 1:ll• Cott••• and tile ,-,t-lucte. '!'here being no turtller lNaiMaa, ••tins ... acljounaecl at 8120 1111· • • y • ·~ • ORCHARD PLACE COUNCIL MEETING -FEBRUARY 12 1 lffl Meeting opened 1n regular rorm with Jo Bemis presiding. This meeting was a special meeting to discuss and resolve what was 1n stor tor the spending or the Berger Fund -our •s.ooo grant. The minutes ot the January meeting were read by Grace Hedges & approved. Grace Hedges stated tbe balance 1n the Council's Treasury was $901.13 Spenditures trom the Berger Pund amounted to $1,418.01 leaving a balance ot $3,581.99. Ann Burris -.de a motion we pay the $800 for the pool table. •otion was seconded and carried. Ann Burris •de a aotlon to s-7 troll the lerpr Pwld tile coat of the Pot-lucu • Coffee (CGntlnental)llotion aecanded • carried. •otlon WU •de to put the purcbue ff' 1nnai1" and pl.anll for residents to attend tile Country Dinner Playhouae/u aore lntol'll&tlon ls needed. •otion 2nd & carried. •otion to pay the Dancers (suare ) $JS troll the Berger Pund. '?hey will appear 'ftumaday Evenias 2/lJ/'17. 2nd and oarrled. !here •• diecuaalon oonoerntnc the probl-about the building 6 ot people. TIiey were lnatruoted to ab out a c•plalnt alip and ult Jacquie to COIN to coffee or later and talk about thair probl-. Ann advised that a cback purcbaaff abould not be giTen unl.Hs approyed by a vote of' the Comoll.Stan 21l1lllpe oaaa In and •ld only the realdents of' this bulld!ng were mtl tled to ab ua of' tha pool table. 17 residents were preaant. Secretary, ?ro-~ Grace Bedee• • . ' • i , ------------------~ .• ----------,·-------------- r • • (' Orchard Place :ouncil M~eting -March 13, 199? -?sOO ':ll'II. Meeting was called to order by Jo Bemis. House Manager, Jacque Pickett had to cancel her appearance due to the weather. The meeting was tor the purpose or electing officers tor the coming year. Written ballot was the order. Nominations tor President were open. llark Kraess was the only candidate. Vote was made by ballot & he was elected with 24 votes favorable & 4 against. He assumed the chair & nominations were open tor Vice President. Virginia Saylor was nominated & as there were no turther noaina- tion ballot was passed -& she was elected with 24 votes tavOr- able and 5 against. She also assuaed her position. Ro noainatios wece aade tor Secretary or Treasurer. Helen Lujin volunteered to be Secretary Pro-tea & arace Hedges said she would continue as Treasurer. llark referred to the Council By-IA .. stating they •Y need some adjuataents. •otion was aade the Co\mCil purcu.ae 3 new set • ., card8 tor the Library. llotion 2nd • carried. The original list or those wishing to go to the Country Dinner Playhouse disappeared so a n-list IIU8t be •de. Please •tcn-uc, again. Grae•• Hedgf9"Y0lunteered to be the help orJraae • Barbara. Meeting closed at 8100 pa. in charge or entertainllent wt th Helen Lujtn, Secretary, Pro-tea. ·~ib-7;.. (____. _/ •. • , • • • ORCHARD ?LACE COUNCIL MEETffiG -APR IL 17 1 1997 Council opened at ?pm. in the Community Room with Mark Kraess, president presi8r~!d~~ten Lujin, acting Secretary, Graae Hedges Treasurer. Virginia, Vice/was not present. Minutes or the last meeting were read & approved. Treasurer gave her report showing a balance or $711.56. Expenses were $ 321.18. The ee port was approved. llllark passed out copies or the By-law:.-1966 edition. Be asked for volun- teers to make up a co111Di ttee to revise ·'-same. The Coaai ttee is Ari-' Burris Annette Carter a: Joanne Cooksey. Suggesttmm: were •de by several as the proper procedure to follow. Mark asked folks to throw out their comments & suggestions -pro & con. He welcomes them all. As the elected Vice President, Virginia Saylor , has shown no signs or signs ot being active, question was raised it she shouldn't be replaced. It was agreed she should be cantacted utoher intentions. Barbara Boul ten was appointed as •sargent at Aru·. an Otticial or the Council but not a Member or tbe Board. She would assist in seating people, pass out notices, etc. All Y01ied in agreement. Back to By-La.was Referring to Article 11 section A-a&rk stated the infor- mation about the Cottee& Pot welt. oan be handled in a better armer. Iona Browning -de coments a: suggestions. Grace Hedges said a decision needs to be made about bow to a: what to have on the menu ot same. Discussion about Article III-section A, ... bership & Dues. People will be encouraged to join Council but the dues are a struggle tor some. Both Jo Bemis & Annette Carter •d• c011aents. Thia was pointed out to the By-Laws Conni ttee & suggHted they uke soae sort ot a change. People were asked to give suggestions, such as purpose ot dues-like instead ot having money-making projects. Motion rrom floor tor the election ot a new Vice President. 2nd-Diana Jenevein was suggested. Annette stated the office had to be properly' vacated first.No vote was takattion was tab~ed. Mark-that a swap meet could be arranged with .. lley, Jo explained it would be too costly because of the charge & city taxes. Mark will look into the project a little further. (over) .. •· • ,... • .. • . . ?age 2 Orchard Place Council Meeting -April 17, 1997 Motion was made we have a Spaghetti Dinner the last or .. y. Charge would be $2.00 tor residents & $J.OO tor Guest. •otion was 11&de tor the 4th Thursday in May. 2nd & carried. There were coiaenta by Ann Burris & it was stated there will be not Pot-Luck during the months ot June, July & August. Diana Jenevein gave a report on the condition or tbe pool table. It needs repair, Cost will be aoPtl.ately $1SO.Jlotion was aade the money be taken from the Berger Fund. or Comcil money. The aotion was tabled as suggested more discussion was needed. Helen read the ex;;,ensN .obarged to the Berger Pund. llarch expenditures were a Pot-Luck tor food -•• ,10J.?J beginning bal. A.?rila Shrine Ciroaa •••• • • 258.00 $ J,496.61 Country Dinner Playhouse • • 969. 00 A. carter, Entertainaent • • • ..10_5..,.;,,;:o_o ______ a;:;;1.._1 ""'lJO~· ... Z""l- Jo Bemis commented on tile •••ting adjourned 1.t& present * 2,165.88 Balance Dues apin 1 _ ~-~ Bel., Llllln~Prot,o-. . • . . • .,; • _; I \ • • • . . , .. ORCHARD PU.CE COUIICU. IIEETDG ~ DJ 8. lffl , .. ·'· • . .. • , • • • ·, - <. ORC:'.AR!) ?U~ :l!S!!lENT COlfflC!L IE!'?!l'fG ~ilee";:.."'lg was called to oner at 7: lO:;:z:. 'r.iose pnsent besides Residents ·,we~: k..-;-0%bc:-:i -?nglewcod Housing !Ji.."'"9C~r ::i;ac-; ?ea: -2 O!!'!.cers ?cl!.ce !Je;:-t. Sa'":eli-:• Or!ice in l7l0-762-6028 ~,m ~e;r'":' -T!1cmas -Wash!::g-:=n-u an 1:ll;:aa:-..i&l Obsarnr. ?e=;or1r7 ~s!.dent -?d. Sanb~. C~unc:.! :tes!.dent O!!'icers -Ti.."'"g!:1!.a Saylor -Tice ?resident Helen wji:. , Acting Sec:o.ta."""7 . .\!":er in"="=duc-:ions, Sher:-!. Di!l.cn PTe tbe 1:Tacatian as tb.en all joi:1ed i:1 the ?l~ at Alleg!ance ~ tu l"JC. '.l~u--;as o'! the !a.7 Bt!i mee"":!:,,g .. :-. :-.ad m4 apptaTad. u wr!.t":en.(by Tate) . . -. .. a. ~\ Di..~c-:or, lla..17 O:bor.1 ~~r2d. she nceifld '4,7 ctast!oaai..._back ~ -:he surrey conducted. ~ ;art ...... (X&y 12, ) . . ;o 3e!1l:.S asked wh.en a.-. all 'bi!ls ;:a!.d by tu Coaacil lie apptaTad. ti..-st ~ :ouz:c!.l !elllbersJ Aena~.a C&;--.er-,:"9!'tr:'9d ta tbe $lOS p&JIHftt she nce!.- Ted ~ the 3erpr ?lmd tor a Lin• !Janee clan au camuc'tad.. She ex-;,la!.~- td i."": ~eta.!.l ?1ow it all came about. Jla:'!t :-espandad. md :10 ~.liar d.:.sc~s!.cn was made. ~,1 !Ji..-.c"':=r ex,l.&!.ned tba-: acc=r-!!::c to Sac~~ tllat all coaaon a.-us a:e access!.'?Jle to ~ :-.sil!mts !m:lwi!:2c ~l _c!lai: :uid.ents -!t' s t ~'1• !.aw -:ion d.isc:-!:!::at!.on. She ap!n •pm.sued tu !ape~• as use o~ t.'le 5!'!.tflnce tor.u. !hey an tc 'be s1&cecl as anl.J' then •ill t11e7 be :cr.s!.de:o.d 6 loo~l.nto. =cee";:..--e saTed to new 'Jus!.:iess. -1'om!::&tions wen in ~•r ~or ~sidmt. 'Tecia 3ishOi' aomi::atad la:'k Ila.ass, Ruby Oriffr 2nd. SUC'i Dillon ncllli:".ated Alme~• i;ar:e:-.Jla:!n• tacna 2:1d the nawinat!.an. 'f!2.en were no a~'l•r :1omi:2at!.am. Totes "" taTorable. Jo !emis s;oa Ii sugestad. all actiTit!.es (motiana?) be pa~ed until tall. !': was declared out at oner as no ~er actian ._. 1abn. :tasi::a-:ions !or other Ot!'!.cers -. TOtacl tc select 1:ba at th• ner. uet!.r..g. !t was sugested llHid.enu subait it ... they want ccmaid.encl &~ th• ner': --- sHt!..-:c to -=• .=,sident a.tar.band.. :talll!.-:ees wer• ultad to came to~ and s--:ata tllair ;ar,ose wb.en Ii i!' -:.'1•7 a...-. e!.ec"'!ed. !o~'l s":ated 1:ey wa::"':ed to st:'i..,. to ake Orcha:"i ?!.ace 1 sa1• k •n~e-:,a:::e ,.l.i.ce "::i :!..,.• ·.v:..':~ :;:eace i ~-:any., s hc u .:.~ su;-;o:-: t.~• i:.:1r.c :..: is s;:eu !or t.'lei:' r~ts. .. •· 0 '32xl • • • ·, • '· ':'he ~lice satellite ot'!'!.ce in Apt. 710 was ex;,lained Phone I 762-6028. One can call ar.d leave a messqe with name & :'hone iiuaber & · cal.l. will be retur.led. . · ...... Vot!ng pr~cedure ·qis ex,la!.r.ed as the tollowi?Jg: By SHA. 11arJ 0-cor:i lomi."1ees names will be placed an the ~ot alone •1th a ~iet statement of t.'1.ei:' plat!'or.n. Ballots ·dll then be put under uch 1:9side~ts door, 1! the~ are two nsidents 1n the same apartaent each will 1et a ballot-. t.'w:e will be a envelo;e stamped •contidmtal • ~;al.ace your ballot in thi.s envelo;e ~":er you ar!t your choice -saal. md ptlt 1n the ngestion -. box. Envelopes irill not be opened until 'lednesda7 •... ,. 28 when .-. Sanborn & X%'. Wasl'l!Ilc'=on tram :ttlD will Calm:.:. !her~ will be DC) chance of. frawi -.... ·-. as each ballot · will be nu.bend. · .... k:'!t stated he thought a nwt:'al person should do the cauntmc •. ~ll7 Connors asked a question? ··. In answer to the : question -,,ho will. help ·those wi 'th questions about the ballo"t -~. Sanbor."l vola:i"tee:'9d. to ·come_~ an !aaday at loam 6 assist any one :oeed!ng help. . . ·:.-.... _ .. -~ • :!elm ~!i.-t spoke about the lerpr Pund. ··. · , . . . . . . •.. . . . . ,rr. Sanbor:1 stated they •ill br!ng bru.d. • soae swaet baker., i tea to O . ? • . . . eve:-J ?riday. _II'*' !"; was suggute<!"' ~t ns!.dents cive iuaest1cma ta tile PNsident a! 4=."1.i."lgS -:hey wuld like COTeNd ~~"':.broupt 11P beton tile nut •et!Jic. 10 date 'lfLI set tor the nert uetq. k:'°J Ozbor.i volunteer•d to assist the Camell wtth tba a,.-1&wa or the qenda at any time. ~eet!,nc was adjourned. Approx!:na.tel7 40 residents in a~•. -- .. • • • • • . . -/ so~-0 I 7'1. o.J .f'"I,.,, 41i.4 .s- d,J.,J ~ <! ;._ <--/C.-4 -,j --t.) t '-.yo ' /, :ryf..4,,., r-~~ ~.K ,/ d~/;. .2, 7c1 f 7 C~ /i ~ r'--,,"~ ~G'C> ... ~- , ( lt4, J f---. ~. « u,.. ~ ~,;. re i 7 'J-r1 <#-~~ V"~~vt: .J(.. v :;_ I 'I-J '/· 41 l , , .. • , • • • • <. • /7t;r; . ,~ -1- / 2~0 I ~::, /['1.' -~- / Zc c. ~~ -12 l""J.. < 'fC, C · ~n 'l)c,;v~y..,' t, "-5. 8to · (:p -~bi ;-i ~h<E. v-/~o t. ~bl...~_ Qc ll-1 Th-- PooJ. ~c x....._ t="c: r Poo _ s-1-;'t.../as. _ & ue r"' ,; Y' 17, I, i-< ;31'1-J. J.. ~ ~ )'<,q ~ i'< 3 .,..u..SJ.,._ _ -- ~1Je.._f~-~~ pc:?_~/.. S;t.,·cJ~~ _ C.'-'-,P e-AL-=-Ea .,,..._ Ca u e.. ~.1-;..,,7 ___ ?c:;o J.. 7/; bk /dS-: ~ --------·- .:.-- I I r, 17 - u... ~' --'~----~ y .!---~---- ----' .. • , • . ' • • ... . . ' ~~~·l i ~~~~~.----.-~~~~~~~~~~~6· _ ' Ch iL i DaCJ DiNJY'.eR ·o, : : t St-,i V' t Se.t: tJ j t!J 9 .S; IJ() f.1111 iii._ t_ ; OD iJ. ~ !(l / .. •! .. .... • • • 0 ,~ • INVOICE NO. s 303-3:17.1•1• rJ I'. 'L --r-~---~__j!· -l lDtAt\ ,o,.o ,o ft;;[,.,., J 1v'1111i!z Ctt -'! .. <"r:C:.lt1 rd l~c, 3 !,' ~ :S S' . .:i1ht~ rttl'IN L. 3~~S ~. <;,';,< ,.._,~AJ €"1f/ie w 1 12a J < ;,;,'o '?!Jo // D • t-: 1th/ lie w 1ux:!.. Geo l'MOOOl•---'~Z-~~l_-_.'f~2=-=-~"'--o ____________ ~ SAl.liPI-llflf •~ •o • R\_~CL YilM~r. QUAIi 111-=--~ TA8&.EMOOEL SIZE ...,. CLOTH P0Clt£TS SPECIAL COMMENT RECEIVED BY- • .1;; ... ;'I We ••II not acceot retUffl of 11•C11a11C111N •lftOut OIIS f consent . All c1.;ma for clalftala or allarlalle must lie· hleG w,111 cerrier . ----_, ... _uiaN __ _ . - Tl-OATI-D -..... ClOOII k. • Tolal ... ..... I • • J • 0 - ••,atr ~-·~ . ~ ,. .......... INVOICE NQ. f s " · ~ 1 ~ ·\.Tt ~ !L ~ !J__z,. -- •• SAi-ES • SERVICE • REPA IRS , s~~ s . t-4AV"""4A 1...A°'41T A . A&..JPORA ca aoo, 2 , • 303-337•1818 !vl D ·o Or~ Ji If ,. d 't>L /II t! I!. 3 ~:2.S: S. Sh,~mlfN ~ Ew,k Lcl44 J '2Ma Bo// D -aoou ?/,i-92.~D • 0 • TABLEMOOEL C LOTH SPEC I AL COMMENT ..... "----r1~ r .. -•o_.t1i"""-L.lt:c-l.~d::%..!:lli·,.d~L1-g;.ht!!!...cc.&.c....___ 3'1~S: s . 'flh(.,,.. ,,,.,,,,,.,N SJt!9 -<e Wood. ~k TUOMS S ... t .... t)YI A • • I ' <, I • •. • • • 11111111\tllll Cirruit City Stires. Ire. St.ore 339 LITTLCTCIII. CO 60123 (303) MHl81l IDICS to: SIMLEY l'llllL lPS asrrBCfY S8 I etij)8rWrl C.19 .MT191 , p.. 17:50:28 02/13/97 Ticket 3341Dl157185 <r.ig Date 02/13/Pi" Ragistar C11 s0,,w 26 09,;114 Jr-ET~ y 279. 98 Total Tuable Sala Tax TOTAL~ CSH ~ M.ANCE ' 279.99 ' 17 .64 I 297.53 ' 300.00 I 2 .37 - 1 0.00 (JI Al..111'\'S CIJIQ( #I> FfUEMlL Y SEAY ICE Fer ...,.1r arvtm cal I: (800) •73-5330 CIRCUIT CITY • .i , • • • ·, • (. Thursday, May 22, 1997 7:00 PM Orchard Place Resident Council Meeting '*' . Nominations for Resident Council President will be taken at this meeting. Voting will be by ballot: Each resident will receive a ballot The ballot and an envelope marked "confidential" will be put under your apartment door on Friday, May 23. On the ballot will be the names of the persons nominated at the resident council meeting the night before. After you have voted by marking your ballot, put it in the confidential envelope. Then, put it in the suggestion box. The ballots will be picked up hqumtly during the next four days. The deadline for all ballots to be in is 5 PM oa Tuesday, May 27. The ballots will be counted by the Temporary President, Ed Sanborn, and by a representative from HUD on Wednesday, May 28. The results of lhc vote will be pos1ed at Ordmd ~oa. nanday, May 29. There will be a representative from the U.S. Department ofHousin& and Urban Development (HUD) on hand at the meeting to act as an impartial~ of the process. ' .. • 0 1 a2xl - - • To Whom It May c.o.iem: • • • . . Kevin W. Williams 3425 S. Sherman Sln,et I 610 Enpewood, C.olondo 80110-2641 (303) 781-7219 June 16, 1997 • On the day daat baUOla were dialaiaed, I came home 1a1e momiaa or early afternoon and saw an CCMlope ....rad •Coafic1enriat1• ader my ......... door, I 610. Became I can't pick dliap up off die floor widlolll •J aw:llas. I left it tbeae lllllil I .,,,....tii,d .._ I WIii c:arryiaa. I dial dec:ided ID ID aet BlJ aail. I W aac yet pic:bd up die awelapc. I _. clow.-in ID pt my mail. After die few ..... ii -* ID aet my mail al l'dlllll ID my .,...._, die emelope wa pne. Since I wa aac fm1ic:ularly concerned ... die elec:liaD , I did DOI tbiak about it ualil days after ..... I wa .._ by aaodler raideat wbedler I Wied. Kevin Williama ~""~·",,. · .. ~ ~ ' -:,-,,-~ ..... . .. . - ' ~> r:) • • .~ .. i~ ~ . .. & • ' ., • ·~ • '· I • Housing Authority City of Englewood 06 June. 1997 Ruby Driver 3425 S . Sherman St. #316 Englewood, CO 80110 [QIJIIL ll)IJSNi OPPORTUNITY RE: Movillt Faraitllre in 3N Floor Loaap. Dear Ms . Driver : 3460 S . Shennan • Suite 10 1 EnglewOOd . Colorado 801 10 Pl1one (303) 761 -6200 Fax (303) 781 -5503 TOO Relay 1 -800 -659-2656 TOO VOice 1 -800-659-3656 This letter is to confirm the convenation you and I hid yaacrday afternoon in the Orchard Place Building Attendant Office, reprding the furniture in the 3• floor lounge. It hid been reported by many persons that you were obles'Ved moving the furniture in the 3 .. floor lounge in such a manner that no one could emer the lounee -You told me that you were only moving your furniture , and only to your aputment. I understand that you have put a great deal of time and effort into furnishing the very lounge in quation, and that you wish to have your furniture back when we re-furnish the lounges in the building. During this discuuion, I informed you that it WU illepl to put block any doorway, or walkway in &ct. in sucb a manner that it caues a fire buarct or a safety buarct. The furniture in question on the 3• floor is blockina the doorway and walkway and causing sucb a hazard . I undenbmd lhlt you deny doing this, and in &ct, have stated it wu another resident. I have spoken with the CUC manapr of the raided in question, and feel it is not likdy that this per10ll moved the furnilure . The raided you feel did the moving of the filmilure is in a wheelcblir, and probably could not even moYe the finilure. Tbus, I will continue to monitor the 3• floor lounge and halls. to emure this does Ill:" happen in the future . You have agreed that you wihar move the furniture in the lounge, and you undenbmd the teYerity oflhis action . It is unfortulllle, however, doing the stated action is came for termination from one 's lease and residency with Oldmd Place . I wiD have no other choice but to tenninate a lease if this Thank you very rmcb for your cooperation and time reprding this iuue. It wu very nice to talk with you yesterday afternoon, and I believe the convenalion wu a politiYe one . lfyou have any questions. pleale feel he to call me, at 761-6200, extcmion 231 , or stop in the O .P . l...ibral}'- weekdays &om 10 :00 a.m. -12 :00 p.m. I look forward to leeill8 you . I ' • . .. • 0 . ·~ t f 2 X '· . • • • I• • t . Nf)'l'l(~I~ THE COMMUNITY ROOM IS OPEN FOR ALL RESIDENTS AT NO TIME SHOULD THE DOORS BE CLOSED, UNLESS A RESIDENT HAS PREVIOUSLY RESERVED THE ROOM. THIS MUST BE DONE THROUGH THE BUILDING ATTENDANT OFFICE, AND PLACED ON THE CALENDAR. VIOLATION OF THIS POLICY IS GROUNDS FOR TERMINATION, AS IT IS A VIOLATION OF YOUR LEASE, SECTION 9, SUBSECTION (g) { violates the rights of others to enjoy unit/building}. YOUR COOPERATION IS REQUIRED AND APPRECIATED. THANK YOU, JACQUELINE PICKETT EHA PROPERTY MANAGER . . •. .. -'"' • 1. 2. ~3. 4 . • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JUNE 16, 1997 7:30 P .M. Call to order. ?142. Invocation. /,,{jr Pledge of Allegiance/ 1 puJ RollCall. ~ 5. Minutes. ~J~ a . Minutes from the Regular City Council Meeting of June 2, 1997. 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) v a . ~ and John Loss from Miller ~'elopment wil be present to provide a status report on the Cinderella City redel.elopment pro;ect. ii b . Mr. Elmer Waldow from Sheridan wil be present to address Council regarding the drainage ~~ the west side of the Englewood Golf Course. 310/S .I 7. Non-Scheduled VISitors . (Please limit your presentation to five minutes.) 8 . Communications, Proclamations, and Appointments. Letter from Andrea Menin-Giem indicating her resignation from the Englewood Clean , Green and Proud Commission. f>. n <) •<> b . Letter from Robert Muon indicating his resignation from the EnglNood Planning (,lX . • and Zoning Commission . ,,. n •' ~~Letter from Ann Nabholz indicating her resignation from the Englet~ Clean , I))' Green and Proud Commission . 9 . Public Hearing. (None scheduled) Pllwnalr. 1,-.... a«t tns..i_.--, ..... A111, ............. CIIJ .. lalWI ••• (NI-NII)• ......... Ill ......................... 11111*,-. • • • - City Council Agenda [') /l 1J • /J June 16, 1997 f"'~ .j)_ . .. ;o aw. /D tii) Page 2 i()))l"- 10. Consent Agenda. ~ {,.J!l4 1\~Af1 ~ ,,~ /0 -1 ,0 a . Approval of Ordinances on First Readi~ ii. Counall • lot -Recommendation from the City Clerk's Office/Liquor Licensing Authority to adopt a bill for an ordinance approving a Iii -in accordance the Colorado Liquor Code. 'AFF ryglewlcz, Director of Flnanclal Services and Brenda castle, Deputy City Clerk. Council • N · Recommendation from the Utilities Department to adopt a bill for an ordinance approvingla ,Cw I I GIii ...• 1$NUDW with tWllllluD ,.,.... STAFFSOURCE:llliw•t~ .. •r:et UIIIIIIN td{J If}, . b. Approval of Ordinances on Second Reading. i. ""'"~/j ii. ,J.~ iii. 6'.,_.1 iv. "';rn ,r. v¥,, ;.6t vii. ,,J ... t:\ Council Bill No. 42, re-enacting a section in the Englewood Municipal Code pertaining tt Tl $ I •• • ·i,11; • ~ removing this license from the moratorium. Amended as to effective date. Council Bill No. 43, re-enacting a section of the Englewood Municipal Code pertaining tcfllal and removing this license from the moratorium. Amended as to effective date. Council BiH No . 44, adding a new section to the Englewood Municipal Code pertaining ~,_.._ Amended as to effective date. Council Bill No . 45, repealing and r~ a section of the Englewood Municipal Code pertaining~._ ...... _, Alt,1111 ...... 'MIII licensing. Amended as to effective date. Council Bill No. 46, amending the Comprehensive Zoning Ordinance regardi1191Pw.., .-..: Amended as to effective date. Council Bill No . 47, amending the Comprehensive Zoning Ordinance regardingT-.-,•••» 1--.: Amended as to effective date. Council Bill No . 51, approving two lntergovemmental AQ.reementa · Burlington Northern and Santa Fe Railway Company f9"o,f,IJIIJll•11t1•• ...._ lllllr. 1,-.... a a, 1111a, ..a,...._, aldl or •ii:la 11, ....... IIIIIY .. Cllyfl/l •• •• (Ja-MGI) ........................................... ,... • • • • • City Council Agenda . June 16, 1997 Page3 c. Resolutions and Motions. Recommendation from the Department of Financial Services to adopt a N80lullon settintl fw for'Tempcnry Emplowmenl 8eNc11j1 ••111- STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. Recommendation from the Department of Financial Services to adopt a r9IOlulion setting fw fo'r Pan ....... laenlllig. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. Recommendation from the Department of Financial Services to adopt a reealullun settingfNI for -Pawn ea• , ........ STAFF SOURCE: Frank Gryglewlcz, Director of Financial Ser..ic:N. iv. Recommendation from the Department of Financial Services to adopt a D yat-~ 6l/> rNOlutian setting ... for Alm ..... IDllllllig. STAFF SOURCE: Frank 'fl Gryglewlcz, Director of Financial Semcee. v. =endation from the Utilities Department to approve, by motion, the _J'_.-('~ of a Sellllary 9-' fllulls TMk. Staff recommends awarding Jfl"'1" ~ the bid to the low bidder, Kois Equipment Co., In the amount of sn.002.00. STAFF SOURCE: S.Wart H. Fonda, Dl1'9Ctor of Ulllltles. vi: vii. Recommendation from the Utilities Department to approve, by motion, the puadme al a• 9 11Niff Sm Staff recommends awarding the bid to the lowest technicaHy acceptable bidder, Honnen Equipment, in the amount of $89,089.00. STAFF SOURCE: ..... H. Fonda, Director of UlllltlN. Recommendation from the Utilities Department to approve, by mallan. the ,..._ala ..... for the Wastewater Treatment Plant's beneficial use farm. Staff recommends awarding the bid to the low bidder, Strasburg Equipment Company, in the amount of $102,237.92. STAFF SOURCES: Sllawart H. Fonda, Dnclar of UIIIIIN, and Jim Tallent, Operallol• Dlvtalon ........ 11. Regular Agenda. 12. a. Approval of Ordinances on First Reading. b . Approval of Ordinances on Second Reading. c. Resolutions and Motions . General Discussion . D • ,,,.,_'-(·~ ~U>tkJ"? (/,~ aflj)J~~. ~ a . b. Mayor's Choice. j)M,Co .,,,, r ,1 -.. / (11,.~"-<.L2 . :) J/·3L~1 ~~../ Council Members' Choice. ,..... ...... ,.,._. cr111Da,andnaedaudlllly811da••rl111, ....... na11J .. Cllyofllqliaao11 (791-Nll)allaaal4IIIOur'lln---olwll8n ....... ---. .,..,... • 0 City Council Agenda June 16, 1997 Page4 13. City Manager's Report. a. Cinderella City Activity Report. 14. City Attorney's Report. Adjoumment. / 0 : / 1 • . " • <' The following minutes were transmilled to City Council between 05/YJ/97 and 6/12/97: • Eligle\uood Downtown 0...1lapmsnt AIM,ority meeting of April 16, 1997 • El igle\d'OOd Liquor Licenling Aulhority meeting of May 7, 1997 • El1gluood Liquor Licensing Telephone Pol of May 13, 1997 ...._ __ ,,.. ..... a • ., .... ...., ....... re,,,_.._ ....... .,.._ ••• (1II-Mll)elteeel41 ..... ln ............................. ,.. ... • 0 ; , X • 0 I • • ' ... ' I· • • ' .. 0 I• • ... ' • .. \ . - • • • 0 : . • ;.;ru o~ Pl -i</-~o' s . ~ - If}~. umll/1 ~+ ~tud~ ~C,o/-'&ff ~~. ~ -&,, 0:, JYUJ} tA. ~ J.Mt,u.f)_, ff ~.!- ~ lb- . -.. \ •. ' ' ... . . I· ----------------c-,,,-----~-• • . .... 0 • '• I •• I• . . ' I· ' • . - • 0 • ,' I • I• . - •· ' • • • '· AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JUNE 16, 1997 7:30P.M. 1. Call to order. 2 . Invocation. 3. Pledge of Allegiance. 4. Roll Call. 5 . Minutes. a. Minutes from the Regular City Council Meeting of June 2, 1997. 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) a . Skip MIHer and John Loss from Miller O..,eloprnent will be present to provide a status report on the Cinderella City redevelopment project. b . Mr. Elmer Waldow from Sheridan will be l)l'N8flt to llddr98a Ccu1Cil regarding the drainage ditch along the west aide of the E11gleuuood Golf Courie. 7 . Non-Scheduled Visitors. (Please limit~ ~llatior, to five minutes.) 8 . a. Letter from Andrea Menin-Giem indicating her resignation from the Englewood Clean, Green and Proud Commisaion. b . Letter from Robert Mason indicating his resignation from the Englewood Planning and Zoning Commisaion. c . Letter from Ann Nabholz indicating her resignation from the Englewood Clean, Green and Proud Commission. 9 . Public Hearing . (None scheduled) ,..... nae.: If you haw• dlNbllly and nNd audlll'y lllda or •wta11, pllw nallfy .. Cllyel .......... (712-2«11) at INst 41 houra In advance el WM1'1 NmDN .. ......_ 1"1-* you. ' .. • , City Council Agenda June 16, 1997 Page2 '· • • t• • 1 o. Consent Agenda. a. Approval of Ordinances on First Reading . i. Council BIii 54 -Recommendation from the City Clerk's Office/Liquor Licensing Authority to adopt a bill for an ordinance approving an increase in Liquor License Fees in accordance the Colorado Liquor Code . STAFF SOURCES: Frank Gryglewlcz, Director of Financial Services and Brenda castle, Deputy Ctty Clerk. ii. Council BIii 55 -Recommendation from the Department of Safety Services to approve a bill for an ordinance accepting funding from the Bureau of Alcohol, Tobacco, and Firearms for a Federal Gang Resistance Education and Training (GREAT) program grant. STAFF SOURCE: Chris Olson, Deputy Director of Safety Services. iii. Council 811156 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Connector's Agreement with Cherry Hills Village Sanitation District. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b . Approval of Ordinances on Second Reading . i. Council Bill No . 42, re-enacting a section in the Englewood Municipal Code pertaining to Temporary Employment licensing and removing this license from the moratorium . Amended as to effective date. ii. Council Bill No. 43, re-enacting a section of the Englewood Municipal Code pertaining to Pawn Brokers licensing and removing this license from the moratorium. Amended as to effective date. iii . Council Bill No . 44, adding a new section to the Englewood Municipal Code pertaining to Auto Pawn licensing. Amended as to effective date. iv. Council Bill No . 45, repealing and re-enacting a section of the Englewood Municipal Code pertaining to Auto Salvage and Recycled Material Yards licensing. Amended as to effective date. v . Council Bill No. 46, amending the Comprehensive Zoning Ordinance regarding Pawnshop zoning . Amended as to effective date. vi. Council Bill No . 47, amending the Comprehensive Zoning Ordinance regarding Temporary Employment zoning. Amended as to effective date. vii. Council Bill No. 51 , approving two Intergovernmental Agreements with Burlington Northern and Santa Fe Railway Company for Pipeline Licenses. • ....... nal9: • ,_.._,.a dlaabllty and need audlary alda or NMDH, ..... nallfW .. CIIJ GI 91\&1 ood (1U44II) .. INlt41 lloln In ...... GI we.. .............. "'-*,... • •, ' .. • • City Council Agenda June 16, 1997 Page3 c. Resolutions and Motions. <. • .. • • i. Recommendation from the Department of Financial Services to adopt a resolution setting fees for Temporary Employment Services licensing . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. • ii. Recommendation from the Department of Financial Services to adopt a resolution setting fees for Pawn Brokers licensing. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. iii. Recommendation from the Department of Financial Services to adopt a resolution setting fees for Auto Pawn Brokers licensing. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Semen. iv. Recommendation from the Department of Financial Services to adopt a resolution setting fees for Auto Salvage licensing. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. v. Recommendation from the Utilities Department to approve, by motion, the purchase of a Sanitary Sewer Flusher Truck. Staff recommends awarding the bid to the low bidder, Kois Equipment Co., In the amount of sn.002.00. STAFF SOURCE: Stewart H. Fonda, Director of Ulllltles. vi . Recommendation from the Utilities Department to approve, by motion, the purchase of a loader/backhoe. Staff recommends awarding the bid to the lowest technically acceptable bidder, Honnen Equipment, in the amount of $89,089.00. STAFF SOURCE: Slawart H. Fonda, Director of UIHIIIN.. vii. Recommendation from the Utilities Department to approve, by motion, the purchase of a tractor for the Wastewater Treatment Plant's beneficial use farm . Staff recommends awarding the bid to the low bidder, Strasburg Equipment Company, in the amount of $102,237.92. STAFF SOURCES: SIMnlrt H. Fonda, Dlreclor of 1111111N, and .Im Tallent, Operallona Dlvlelon .......... 11. Regular Agenda. a. Approval of Ordinances on First Reading. b. Approval of Ordinances on Second Reading. c. Resolutions and Motions. 12. General Discussion. a. Mayor's Choice. b . Council Members' Choice . ........... : .,.. ......... .,llld ..... ....., ....... at,11, ....... ..., .. Clly ............. (7U-Mll)alllaal ..... ln ..... dWM11 ............... ,....,... ... ''Ip • .t .. • • • 1. Call to order. 2. Invocation. • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JUNE 16, 1997 7:30 P.M. 3 . Pledge of Allegiance. 4. RollCall. 5 . Minutes. a. Minutes from the Regular City Council Meeting of June 2, 1997. 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a . Skip Miller and John Loss from Miller Development wiH be present to provide a status report on the Cinderella City redevelopment project. • b . Mr. Elmer Waldow from Sheridan wi1 be present to addrNa Council regarding the drainage ditch along the west side of the Englewood Golf Course. 7. Non-Scheduled Visitors. (Please limit your presentation to five minutes.) 8. Communications, Proclamations, and Appointments. a . Letter from Andrea Menin-Giem indicating her resignation from the Englewood Clean, Green and Proud Commission. b . Letter from Robert Mason indicating his resignation from the Englewood Planning and Zoning Commission. c . Letter from Ann Nabholz indicating her resignation from the Englewood Clean, Green and Proud Commission . 9 . Public Hearing. (None scheduled) ,..._ nale: I you ha"9 • clNbllty and nNd-, alda or •.-tan, plaw nalfy .. ca, f/1..,_aood (782-MOI) Ill !Nat 41 hcu'8 In advance f/1 whan NrvloN .. nNClad. TIIMk ,-.. • • .. ,,J • • • - <. City Council Agenda June 16, 1997 Page2 10. Consent Agenda. a. Approval of Ordinances on First Reading. i. Council BIii 54 · Recommendation from the City Clerk's Office/Liquor Licensing Authority to adopt a bill for an ordinance approving an increase in Liquor License Fees in accordance the Colorado Liquor Code. STAFF SOURCES: Frank Gryglewlcz, Director of Financial Services and Brenda Castle, Deputy City Clerk. ii. Council BIii 55 -Recommendation from the Department of Safety Services to approve a bill for an ordinance accepting funding from the Bureau of Alcohol, Tobacco, and Firearms for a Federal Gang Resistance Education and Training (GREAn program grant. STAFF SOURCE: Chrta Olaon, Deputy Director of Safety Servlcn. iii. Council BIii 56 · Recommendation from the Utilities Department to adopt a bill tor an ordinance approving a Connector's Agreement with Cherry Hills Village Sanitation District. STAFF SOURCE: Stewart H. Fonda, Director of Utllltlea. b. Approval of Ordinances on Second Reading. i. Council Bill No. 42, re-enacting a section in the Englewood Municipal Code pertaining to Temporary Employment licensing and removing this license from the moratorium. Amended as to effective date. ii. Council Bill No . 43 , re-enacting a section of the Englewood Municipal Code pertaining to Pawn Brokers licensing and removing this license from the moratorium . Amended as to effective date. iii. Council Bill No. 44, adding a new section to the Englewood Municipal Code pertaining to Auto Pawn licensing. Amended as to effective date . iv. Council Bill No . 45, repealing and re-enacting a section of the Englewood Municipal Code pertaining to Auto Salvage and Recycled Material Yards licensing. Amended as to effective date. v. Council Bill No. 46, amending the Comprehensive Zoning Ordinance regarding Pawnshop zoning. Amended as to effective date. vi. Council Bill No. 47, amending the Comprehensive Zoning Ordinance regarding Temporary Employment zoning. Amended as to effective date. vii. Council Bill No. 51, approving two Intergovernmental Agreements with Burlington Northam and Santa Fe Railway Company tor Pipeline Licenses. PINN noll: If you have• dlublllly and nwl auxiliary aide or.....,....-nallfy Ille Cly GI !nglewood (782-2405) at 1Nat 41 houn In advance GI when NrVlc:N ... IINdecl. n.1k you. • ..... . ' • . -. .. 0 • 0 '32xl • • • • . . C'lty Council Agenda June 16, 1997 Page3 c. Resolutions and Motions. i. Recommendation from the Department of Financial Services to adopt a resolution setting fees for Temporary Employment Services licensing. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. ii. Recommendation from the Department of Financial Services to adopt a resolution setting fees for Pawn Brokers licensing. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. iii. Recommendation from the Department of Financial Services to adopt a resolution setting fees for Auto Pawn Brokers licensing. STAFF SOURCE: Frank Gryglewicz, Director of Flnanclal Servlcn. iv. Recommendation from the Department of Financial Services to adopt a resolution setting fees for Auto Salvage licensing. STAFF SOURCE: Frank Gryglewlcz, Director of Flnanclal SerwicN. v. Recommendation from the Utilities Department to approve, by motion, the purchase of a Sanitary Sewer Flusher Truck. Staff recommends awarding the bid to the low bidder, Kois Equipment Co., In the amount of sn.002.00. STAFF SOURCE: Stewart H. Fonda, Director of Ulllltiea. vi. Recommendation from the Utilities Department to approve, by motion, the purchase of a loadertbackhoe. Staff recommends awarding the bid to the lowest technically acceptable bidder, Honnen Equipment, in the amount of $89,089.00. STAFF SOURCE: llawart H. Fonda, Director of UlllltlN. vii. Recommendation from the Utilities Department to approve, by motion, the purchase of a tractor tor the Wastewater Treatment Plant's beneficial use farm. Staff recommends awarding the bid to the low bidder, Strasburg Equipment Company, in the amount of $102,237.92. STAFF SOURCES: Stawart H. Fonda, Director of UIIIIIIN, and Jim Tallent, Operation• Dlvl8lon ........ 11 . Regular Agenda. a. Approval of Ordinances on Find Reading . b . Approval of Ordinances on Second Reading . c. Resolutions and Motions. 12. General Discussion. a . Mayor's Choice. b. Council Members' Choice. ,..._ nol9: I,-, haw a dlnll., and naad....., alda or •llan, plaaaa nally .. Clly of .......... (7114401)11l laalll41 lloura In adwanoe of wllarl .............. "-* .... .. • • C. • ~. City Council Agenda June 18, 1997 Page4 13 . City Manager's Report . a. Cinderella City Activity Report. 14 . City Attorney's Report. Adjournment. The following minutes were transmitted to City Council between 05/3lJ/97 and 6/12/97: • Englewood Downtown O...elopment Authority meeting of April 18, 1997 • Englewood Liquor Licensing Authority meeting of May 7, 1997 • Englewood Uquor Licensing Telephone Poll of May 13, 1997 ,.._.,.: ,,_....,..« ,., ........ __, ..................... ..., .. aa,.,1q1, w (7D,340l}allleal411101nln ...... ., ................... ,..,_ • ..