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Home My WebLink About1989-10-02 (Regular) Meeting Agenda• • • 0 October 2, 1983 City Council Regular Meet ing • • • • -... ='I / -/ • • 1. Call to Order • • • DlliLEWOOO CITY C0U11C ll DlliLEWOOO, AIAPNtOE CGliiTY, COI.IIDO R u1ar Sess;on October 2, 1 tit The regular e ing of t e Englewood City Council was called to order by ~yor Van Dy e a 7:40 p. Z. Invocation T e oca 10 as 91 Co en r ol ay . 3. 'led,e of Alle,iance T Pled e o All 4. Roll Cal l Pres CP as 1 ed b "•}or <ln 0 Cou ell a 1c l h • zac , I.YrM . Englewood City Council "inutes October 2, 1989 -Page 2 • • • the for efforts o 1mprove t e safety conditions in and around Bishop El~n tar School. r se ted murals and arious compositions of the first grade students e pr ssing e ir ap reciatio for t e stop light and other safety 11easures. 1 r o ap reciation from Pa Hillegas, Chairperson of t e Paren Ad Tea as also gi en to City Council. ( ) Jud to recei a reside , Business and Professional Wa.en, -.s present COIIICIL fDIEl lOZACO: ROVED, ... IT WAS SUC.O, TO ••• ~ MEIIaA ITER l(d). A s: 10 COIIICI L fDIEl tM Y 11MD, OCT_,. 16 -U, lNt, A s: 7. allfay, Kozacet, Byrne, _,, ozac , 8 - Englewood City Council "inutes October 2, 1989 -Page 3 A stain: one Absen : one Mot ion carried. • • - (c) CCMII:Jl f£MEl HAllWMY NOYED, Ml) IT ..S SECCIIJED, TO DUlAI£ OC- TOIEl 6, 1989, AS "G -ANEIJCAI DAY.• A s: Counc i1 !'!embers Koncek , Byrne ic , Ch to (d) d o trd -s Age d1 1 6( ) , P1ge 2 . (e ) COUIIC I L HMOIIOfT IIMD, -IT IllS SEt.U, TO DltiM£ TilE MEB Of YERIEl 12 -18, ltiJ AS "MElleM EaiCATI MEB. • (l ) ( ) (C) ( ) es: Cou c11 rs olt1 , H1t ~1y, Koz1c , Byrne , lC , Cl 1 to , I 0 IT SD:-EI. Tl lUI-TilE IC , 8 , I Englewood City Counci l "inutes October Z, 1989 -Page 4 • • • CCUICIL ft£JtiEl KOZACEK NOVm, All) IT WAS SECOIIDED, TO APPIOYE CCIISEJIT MBmA ITERS 9 (e) AS fOLLOWS: (e) Counc il Bi 11 o. 33 , Introduced by Council Metlber HAthAW-_y , e i 1 d : A COUNCI Cou ncil ~ e r a e ic 1nquired if information fra. the AreA property owners hAd bee r c i ed; also s e wo dered if there was A"Y w-_y the City could fA - cilita e a ag r e n Whit would be a AtAtion rAther thAn An encroA~t. Cit MA ager Fra s er confi d at t e ad joining property owner had been con - tActed; o er, did not object to the procedure being followd , Als o t a e ad in eres i pursuing Any ot er AlternAtive. o e resu l s: A es : io 10 . 11. g led. solut1ons and ons olhy, HAthwAy, Kozacet, Byrne , , an Dy e I . - Englewood City Council Ninutes October 2, 1989 -Page 5 a s: one A stai one Absen : o e Mot ion carried. • • • ag r ras r requ s ed t at Agenda Item ll(b), a bill for an sectio s of t e Code pertaining to Food Delivery Vehicles a led. He s ated additional amendaents are appropriate. COUIICIL NEMn CLAYTOII ROWED, MD IT WAS SECCIIJED, TO TAIL£ ~ IT£111 ll(lt), COUIICIL llll 35, SEalES Of 198!1. yes: Council Members Koltay, Hathaw~, Kozacek, Byrne, Habenic , Clayton, Van Dy e 0 one sen : one io carried. • 41, S£ lES Of 1989, CONC£1111 LEASE Of fl S , I • , FOI SCHOOL l'RAI I WAS SWillED, TO lt#f~ 1Da11'1 •• , Engle.ood City Council Minutes October 2, 1989 -Page 6 ays: one A s ta in: one A sen : Non Mot to carr ie . 12 . City "anager 's Report • • • Mr. Frase r did no a e a a ters to bring before Council. 13. City Attorney 's Report Mr. , Assi s tant Ci t A tome , requested a .ation to accept settl..ent tn the atter Ci of En gl ood s . D. Anderson. . Gri .. conftn.ed that the City uld receive S .soo 1 addi io o t e Sl0 ,558 .S6 pr-viously retained in this a ter . tlO 14 . &enenl D scuss on (a ) a or s C 1c or a 0 did t l. ( ) c 11 Engl~ City Council "inutes October 2, 1989 -Page 7 • • • by her public statement recently published in the Englewood Sentinel; however, at the same time she wants it known that she supports the C•reer Service Board 's position, and she supports the Police. (iii) Council Me.ber Clayton offered appreciation to City Nanager Fraser and Finance Director Freeman for the excellent budget present•tion at the recent budget retreat. He ca.ented that it was refreshing to go into the retreat wi th a balanced budget affording Council ti~ to discuss other issues of i111p0rtance. He e~q~ressed confidence in the outco.e of the budget results. (iv) Council ~r Kozacett echoed""· Clayton's c.-nts concern- ing the budget, stating each depar~nt head had done a traeudous job of c•- ing in with budget cuts. He strongly suggested that consideration be given to conducting the budge retreat locally next year , which would save the City considerable fund s. 15. ~~ aiKIL ._. ULTAY MftD TO..... The -.ting Adjourned at 1:11 p.•. Agend• _1 _ SA 6 fl E • • CITY COIIEIL ME111A STATUS lt£MT All THE OCT .. Z, ltlt, CITY COIIEIL IIIEETIIC Jl" HESS BISHOP El . I IPAL RE: SAfETY CONe£ S -PRESOOED s. ETC. EXPR£SSI T TO CITY COUNCil · OCT . . I . Action liken APPROVED 7-0 ED 7-0 CEPT£0 7-0 APPIIIWIED 7-0 Follow -u COPIES TO 8 DISTRIBUTED MURALS, ETC. TO B DISPLAYED I CITY HAll JG . T IT 0 • • - Agendi Originiting lteta De irt~~ent Descril!tion Act ion liken Follow-u 9A C~ DfV 80 OF ADJ .& APPEALS Ml TES 9/13/89 ) 98 Fl f LIQ.LIC.AUTH.MINUTfS 9/Z0/89 ) ACCEPTED 7-0 9C C~ DfV PLAN .l Z<Jf I C~. MI ns 9/1 9/89 ) 90 LIB/RfC PUB .L IB.BO . MINUTES 9/19/89 ) (CLAYTON/ OZACf ) 9E c 0 v ro 1-o PUB I fD 10/5/89; EFFECTIVE 11 /5/89; c . 0 V. TO SECU [ Sl TURfS, RECORD DOCUMENT, & fll COP ITH CIT CLE I lA c O£Y Y-0 7-0 ST. liB T D 7-0 ADO' lS QUI 0 JJC 1·0 PUB ) Fll 10 Ulll '1 4 ' 14 ITI .. ,, • • • Action hlten Follow-up 14Biv CJiiR KOZACEK ECHOED CCIIOTS R£ IIJOGET •m•EST OfFERING WE HAVE SEEN IN MY YEARS Of EXPERIENC E. • ADJOUIII:D : 8 :18 P.M . PRESENT : AU MOISERS • • • AGEIID& P'OR THE ltBGULAil IIDTIJIG OF THE DIGLBIIOOD CITY COUJICIL OC'l'OBD 2, 1189 7:30 •••• 1. can to order. 2. Invocation. 3 • PleclcJe or allecJ lance. • . ~aon can. 5. llimatee. (a ) 111aatee or tbe r..,ular City Cou.ncil lleet:inq or ~ 11, 1 •••• I. Pn-k~M!dulect 9ia1tora. (Pl .... Uait your PreMntation to t.-ainu • ) (a) , Priftcipal or attlbop al-.ntary, vUl a.. t to 418CUa late .. rety COI.,.•n.. (~) ( ( ana U'OIIJnd at 11~ Sc::lbool. 1 - City Council Agenda October 2, 1989 Page 2 • • • (c) Proclaaation declaring October 6, 1989 a• Geaan-~rican Dlly. (d) Proclaaation declaring the week of October 16 -22, 1919 aa Rational Buaineaa Wa.en•• Week. (a) Procl ... tion declaring the VMJt of Kova.ber 12-18, 1919 aa ~rican Education w .. Jt. (f) Procl ... tion declaring the aonth of Septa.ber, 1989 u Square Dance llonth. (a) llinutea fro. the Board of Mjuat.ent and Appeale ... ting of ~r 13, 1919. (b) llinutea fraa the bcJlawooct Liquor Licenaing Authority ... tinq of Septe.ber 20, 1919. (c) llinutea fraa the bcJlawooct Planning and Zoninq ec-ia•ion ... tinq of ~ 19, lta9. (d) llinutea fraa the bcJlawooct Public Library Board Metiftt Of ....-.r 19, 1119. Appi"'ft (e) 8111 for an Ordinaaoe,AaPProving an for an roa t of an utatlncJ •t.r'Uctllre located at noo aouth aunt atnet.. 10. Public ( ) I - J. • • City Council Aqenda October 2, 1919 • • • Pa9•~ ~t 5 (c) a.co...ncs.uon fraa the Public Woru Depart.ent to ~ adopt a reaolution .....SincJ Jtaaolution •o. 41, &eri .. of 1119 concernincJ the 1 .... of the City Greeftboue Property • (d) a.c Indation fraa the Water and S.W.r Board to approve by Mtion the purcbue of a IIObile belt PrM• unit fraa BnYiroquip, Inc. 13. City Attorney•• lteport. (a) R. D. Andareon 1-.uit Mttl-.nt offer. u. General D18cuuion. (a) .. yor•• Q:aoice. (b) Counoil ~·• Q:aoice. 15. Adjourn.ent I . • • 1. ca 11 to .,.,. • • • EJI&LEWOGD Cln CCIUIICIL EJI&LEWOGD, ARAPAHOE CCUTY, COLOUDO .... lar Sesston 5epttiiMr II, lMt The revular -.ttng of the Englewood City Council was called to order by Mayor Van Dyke at 7:40 p.•. Z. lrwocatton The invocation was given by Council Me.ber Koltay. 3. PlMie of Allettance The Pledge of Allegiance wa s led by Mayor Van Dyke. 4 . 1o11 can Present: Counctl ......_rs H.thaway, Koltay, Kozacek, Byrne, tt.benlcht, Clayton, Van Dyke Abseftt: lone A quo..,. was prese~~t . Also present : 5 . lt tnutes '· • Cfty Manager Fraser Assistant City Attorney Grt .. City Clerlt Crow Director Wanush, Co..unfty Otv l~t I . Englewood City Council Minutes Sept .. ber 18, 1989 -Page 2 • • • (1) Harry Fleenor, Chair.an of Career Service Board, urged Council not to appeal to the Colorado Supre.e Court the recent decision of the Colorado Court of Appeals regarding the leydon case. He .. ntioned the financial iMpact upon fhe City, both for court costs and backpay for Mr . Leydon . He 1 lso pointed out that if the reason for appealing the .atter was to deten~i ne the right of the Career Service Board to •ify disciplinary action, that issue will be decided by the citizens of Englewood in the upco.ing election; there - fore, he did not believe it necessary to continue the appeal of the leydon case. (b) Kathy Su..er, 4210 South Huron, a for-.r -..ber of the Career Ser - vice Board, also urged Council not to approve the City Attorney 's reco.nenda -tion to appeal the leydon case. 8 . C~tcattons and ""ocl ... ttons ( 1) COUICJ L MOllO ltOZACEX llmD, _, IT MAS SlC.O, TO D£CLM£ TM£ M£El OF SUTEMO 17 THICIUIH 23, 1111, AS •c.sJITUTJ. IEEX. • Ayes : Council "--bers Koltay, Hathaway, Kozacek, Byrne, Nay s: Abstain : Absent : Mot ion carried. (b) CCUEIL 10, ••· AS ••n Ay s : ay s : Abstain : Abs nl : l on carr eel . Habenicht, Cl'Yton, Van Dyke None None n.E IMO, -IT MAS su.Q, TO D(Cl.M( SUTO· EIIUCATJ. DIY . • Counctl rs ol tay , Hatha ay ozace , Ha nfch t , Clayton, Van Oy ,_ Englewood City Council Minutes Sept.rber 18, 1989 -Page 3 9. Consent Agenda .. • • • (a) Minutes fr011 the Englewood Career Service Board meetings of July 20, July 31, August 1, and August 10, 1989 (b) Minutes fr011 the Englewood Urban Renewal Authority meeting of Sep - tetlber 6, 1989. CCIUIICIL MEMEI CLAYTCII ROVED, All) IT MAS SECONDED, TO ACCEPT CONSENT AGENDA ITERS t (a) THIOUIH (b). Ayes: Council "--bers Koltay, Hathaway, Kozacek , Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent : None Mot i on carried . 10 . Public Hearing Ma~or Van Dyke announced that the purpose of the Publ ic He ar i ng wa s to r ec e i ve ct t1zen i nput concern i ng the propo sed 1990 ope rat ing budg et . CGUIICIL ...a lOUCEl MOVED, All) IT MAS SECCII»ED, TO OPDI TIE PUILIC HEMUI&. Ayes: Council ~rs Kol t ay, Hathawa y, Kozace k, Byrne, Habenicht, Clay t on, Van Dyke ...,s: NoM Ab sta in: NoM Absent: NoM Mot1011 carried, and tt. Publtc Hearing opened . City Manager Fraser provided tnfo,..t 1011 concen~tng t'-t budfet proceu . Mr . Fraser stated th at the pro - posed ltto budoet wu based Oft goals and objecttves previously set by Council. The purpos ~ of the PubHc Hearing h for Counc 1 to receive input fr011 the citizens prtor to Council 's budttt rkshop . adv sed Council that the or · dtnance establ hhtng the at 11 levy for 1990 should be introduced at the Oc · tober Z, 1M9, rt9uhr Counc 1 .. ttng . I .. Englewood City Council Minutes Sept .. ber 18, 1989 -Page 4 • • • Joan Whatten, 488& South logan Street, uked that the drama program not be cut, stating that "community involve.ent builds better communities.• Clyde Wiggins, 4975 So uth Inca Drive, expressed concern over the proposed position cuts in the Police, Fire, and Public Works Departments. He felt bet - ter priorities could be set by city administration regarding the spending of 1 imited 110ney. Sharon Hetnzerl tng, 5001 South Fox Street, urge<t_ that the drua progra• be retained. She felt the dollar savings figure is 11isluding u a good per -centage of those costs are recovered through fees. Sharon Spurrier, 3901 South Hazel Court, stressed the importance of the drama program as it i~acted human lives, stating a lot of people in the community had been affected positively by the experience. Margaret and leth Iaker, 3719 South &rove Street, stated the drua progra• was very important to a lot of people, that It successfully kept a lot of kids off the streets and occupied during the SU~Rmer months . Halt lujln, 48311 South Sher.an Street, felt the drama program was very impor - tant and she didn't think It should be cut as "cutting It would hurt a lot of people.• She stressed the program Is good for the community . J•te Spurrier, 3901 South &alapago Street, explained that the drama progru Is not just a play but one big family; she felt Englewood could afford to con -tinue the program . Mayor Van Dyke inquired how •any In the audience were present dr1111 program . Approximately fifty Individuals re present . couraged those present o consolidate their com.ents In order tl for other budg ary att rs to be pr s nt d . concerning the The Mayor en - to afford 110re I Englewood City Council Minutes Septa.ber 18, 1989 -Page 5 • • • Don S.JIIC)Ur, 4750 South Ltpan StrMt, offered infonaation about how good the progr .. has been for his son and urged Council to •put their .aney where their heart is-which is the kids.• ~tfer Dounay, 4445 South Elatt StrMt, infor.ed Council that she had pro - vided each of the. with her letter supporting the dra•a prograM. The letter was signed by Mary Dounay, Gary Dounay, Jennifer Dounay and A.y Dounay. Sheryl Mlbber, 4510 South Elatt StrMt, stressed the advantages of continu i ng the dr ... progr .. and urged that Council find a way to keep the program . Troy Fowler, 3112 South Sher111n StrMt, stated the dr .. a progr .. had changed his ltfe and helped ht• to develop a sense of responsibility. Delores ~ Ltsa latter, Sill 1/2 South ~ StrMt , concurred that culture 1s the lttghest evolutt011 of any society and very i.,ortant to the hu.an spirit . ltsa offered that living in Englewood 1s good and that she had leamed a lot of things through the dr .. progr•. JUlte ~. 1114 South ~ StrMt , stated she was a single .ather, that the dr ... progr• had bMn exceptionally good for her daughter . She urged that it be retained . .Jo sttztnstt, 4210 South [latt StrMt, a proponent for the theatre progr .. , info~ Council of i ts value to her f .. ily . 1111 11..,., 4011 South Mashtntton StrMt , said he would be unhappy and very sad if the progr• is cut. _, Col-.n, 3101 South lala,ato StrMt, stated that cutting the progr .. would be lite getting a divorce . Leslte Slltrtt, 4471 South lala,ato StrMt , said the progr• had helped h r through the school year and asked Council to please keep th progr JUlte P'helps, ISO West IIMifield, c ted that sh could not not having the progr .. nut s r as she nt t progr to go nd years tn ord r to gtve other children a s ns o purpos . I • • - Englewood City Council Minutes September 18, 1989 -Page 6 the quality of life in Englewood as well as affect fire ratings and fire in- surance rates. He strongly reconnended that these positions not be elimi - nated . As a means to raise additional revenue, he suggested that the City consider initiating a occupation tax on all Englewood employees , and he esti - Mated this would equa te approximately $500,000 . An employee head tax was dis - cussed furth er; Counc i l Member Clayton offered to review Mr . Dounay 's figures with him . Irvtng Bennett, 4040 South Inca StrHt, felt the budget proces s should be simplified. He was of the opinion that so.e departments were being penalized more than others, that there were no rewards for efficiency. He stated full disclosure of expenses and revenue should be incorporated into the process. In response to some of his ca..ents, City Manager Fraser explained the process of a~~~end•nts to the adopted budget and further explained that some of the discrepancie s .. ntioned by Mr . Bennett were the result of the consolidation of ten depart .. nts to seven during 1989 . Mr . Fraser offered to spend time with Mr. Bennett explaining the details of the budget. Mr. Bennett was concerned that 1t Might not be possible for Council to spend sufficient time studying the budget before its adoption. He was assured that between now and the ca.- pletion of the budget retreat, Council would be very familiar with the budget . Mr . Bennett question d the funds allocated to the City Manager 's budget and this wa s explained in depth . Don Se~r. 4750 South Ltpan StrHt , expressed concern over the proposed cuts of fire.en and policemen . He encouraged Council to ride with pollee officers to get a sense of their n eds and du i es . COUNCIL MEJII[l CLAYTON MOVED , AND IT WAS SECONDED, TO CLOSE nt£ PUIUC H£MINI. Ay s : s: Abstain : Ab nt : 1o n carrl d, and Coun c il Memb rs Koltly, Hathaway, Koucek, Byrne, Hab nlcht, Clayton, Van Dyke Non None H ne Pu l l H ar n closed . 11 . Ordtnanc • R solutions and Mottons Englewood City Council Minutes S.pte.ber 18, lt8t -Page 7 • • • not be required by the City. Mr. Wanush assured Council that before the or- dinance is presented for second reading, an effort will be made to contact the owner of the adjoining property. The City Clerk read Council Bill No. 33, introduced by Council Member Hath -away, entitled: A Bill FOR AN ORDINANCE APPROVING AN AGREEMENT GRANTING AN ENCROACHMENT FOR A STRUCTURE INTO AN UNIMPROVED PORTION OF RIGHT -OF -WAY IN THE 3200 BLOCK OF SOUTH WYANDOT STREET EXTENDED IN THE CITY OF ENGLEWOOD CCIUIICIL .. EI HATIWIAY ROVED, All) IT liAS SEC«<IKD, TO APPROVE ON FIRST HAD- I• CCIUIICIL IJLL •• 13, SEIIES OF lilt. Council Mellber Habenicht expressed her concern about approving this without 110re tnforution fr• the property owner; she also felt it would be advan- tageous for the City to have this property on the tax rolls. Mr. Fraser ex - plained that tilts action was an effort to clear the owner's title and aake it a aatter of public record that the building extends nine feet into the public rtght -of-way . Ms . Habenicht was assured that contact would be aade with the property owner before final consideration of the ordinance . Vote results : ~s : l ...._rs Koltay, Hathaway, Kozace • cht, Clayton, Van Dyke me , I . Englewood City Council Minutes September 18, 1989 -Page 8 Abstain: None Absent: None Motion carried. 12. City Nanat~r's Report • • • Mr. Fraser, referring to a report which had been provided Council, advised that the purpose of the report was to respond In detail to comments made by Officer Madonna at the City Council meeting on Septe.ber 5, 1989, concerning the unresolved negotiation •atters. Mr. Fraser refuted several statements which had been made by Officer Madonna on behalf of the Englewood Police Bene - fit Association, specifically about the Senior Patrol Officer position, turn - over rates, inadequate training and equipment. In addition, Mr. Fruer com - mented upon the status of wages in Englewood as compared to other metro cit - Ies, which 1s at the ~~edlan. He felt the report would provide Council with adequate lnfonaatlon to respond to any arguments posed by the Police Association . 13. Ctty Attorney's Report Mr . Grl-. requested a motion for appeal of the Leydon decision . COUNC ll NOllER ICOZACEl NOVED, MD IT WAS SECOIIDED, TO APPEAL TH£ LEYDON DEC I - SIGN. Lengthy discussion ensued . Vote results : Ayes: Council "'-bars Koltay, Hathaway, Kozacek , Byrne, Nays : Habenicht, Clayton, Van Dyke None Ab s tain : None Absent : Motion carri d. None 14 . leneral Dtscusston (a) Mayor 's Choice stat n regarding ajor cone rns of Coun · I . Englewood City Council Minutes September 18, 1989 -Page 9 • • • "It has been a difficult road to haul, sales tax revenues have been below projections for over three years, with use taxes equally depressed. All of these factors are clearly associated with the compounding effects of our flat econ~. "Tonight, I would like to publicly state that this council plans to do everything possible to hold fast on raising property and sales taxes for fiscal year 1990. We are dedicated to continually look for additional ways to reduce expenditures and i~rove the revenue base by studying alternative resources . We are also very interested in maintaining our current level of city services. "All of these things can be acca.plished if the city is capable of i~l ... nting a reasonable eaployee salary raise . The city's offer of a 2% across the board salary increase is consistent with salary raises provided throughout the .. tropolitan area. Even the 2.7S increase as recommended by the Career Service was accepted by the city as a reasonable proposal. Now that the .-ployee association and the Englewood police association have requested the city to take the issue to an election, we are faced with the possibility of having to find an additional three-quarters of a •tllton dollars. "On Nove.ber 7th, the issue of salary ca.pensatton will be on the ballot for public consideration. Should the residents of the City of Englewood choose to support the ~loyees' request for a 6S raise, J feel the funding of these additional .antes can only be provided, in the short-ter., through council's support of increased taxes. "Now, onto the .. tter of council health insurance. "At the t1 .. health insurance benefits were appropriated, council was advised by our attorney that the inclusion of these benefits was not in direct violation of Englewood's city charter. There was also substantial discussion a.ong council ..-btrs at last year 's budget retreat as to the viabil ity of i~l ... nttng thts poltcy . At that tl .. there was no vocal opposition presented by any one of the seven .-.btr council. Since then, It has beCOIIt quite a vocal Issue with Erica Byrne leading the charge In opposition . Several points of vi have been presented by .-ployees, este r sld nts of the city, and others who publicly st1te the percei d tnapproprta n ss to expend .antes for council h alth Insurant . us I . Englewood City Council Minutes September 18, 1989 -Page 10 • • .. on other compensation issues at our budget retreat . I feel this will provide an opportunity to review and possibly reconsider our original position on the provision of health benefits. I am optimistic that council will come out of bud ge t retreat with a much more palatable resolution of the issue of compensation and/or benefits for future council members. "Over the last year and a half, I feel that this seven member council has worked hard, dedicating much time and effort to effectively address the operational concerns of this government. Great strides have occurred through the conscientious effort of each member of council . We aren't through, as much is yet to be done . We are your elected officials and as such, each one of us is obligated to provide fair and equitable resolution to the many issues facing us. You, the citizen, speaking out "for or against• a city proposal truly helps us to make better decisions . We are co..ltted to listen and hope that in the f ina l analysis we can all look in the •irror and say, "Gee, Englewood really is a great place in which to live. And maybe, just maybe, I played a positive part in that.• (b) Council Member 's Choice (i) Council Member Koltay requested that staff clarify information provided in the proposed budget concerning staffing cuts to Patrol and Com - .unications since numbers under "Significant Changes• (page 352) do not equate to those shown on page 353, "Personnel Staffing Co.parlson -Full Time Employees .• (ii) Council Member Kozacek asked that staff prepare alternativ•s to cutting patrol officers for consideration at budget retreat . (i1t) Council Member Byrne rebutted the Mayor 's c~nts cone rn - lng th .edlcal/dental insurance having bttn discussed at last year 's budg t retreat . Sh stat d that the budget approved for 1989 did not lnclud health Insur an ce or dtntal Insurance, not for indiv duals and not for fa lly ...O.r • S stat d t at was done by an n nt to th budget aad in late Dec r . I . Englewood Ctty Counctl Mtnutes Septe.ber 18, 1181 -Page 11 15 . AdJour-.nt • • • COUIICIL .. EilOZACEIC MOVm TO AD.JOUM. The •et1ng adjourned at 10 :33 P·•· I . . .. S ep emb r ~s . 1989 En lewood Ci v Council Cl v Hall ... co Sou h El 1 Englewood . Col o1ado ~ou nci 1 1·1embers. s 0 llgh s c lot 1 tr-. blocl• c:!ec11ned <~nd ve.,. 1ro rei • • • 80110 o ex nd h n~ vou suppo1 and etfor c 1n ar mou h nd El. 1 moved fr om he co1n 1. Tl•fti c P l obl ms hav hiive a s t r place •o erose •h 1s I . • • .. PROCLAMATION WHEREAS, the Englewood Business and Professional Women's Club strives to elevate the standards for women in business and in their professions, as well as to promote the interests of business and professional women; and WHEREAS, the Club strives to bring about a spirit of cooperation among business and professional women of the United States and extends opportunities to business and professional wo .. n through education along the lines of industrial, scientific and vocational activities; and WHEREAS, working wonen of the United States comprise over 50\ of the employed population of this country, and they contribute substantially to a sound working structure of our nation; and WHEREAS, it is the desire of this Council to honor Aaerica•a working wo .. n vho are devoting their ti .. , talents, and energy to assist other wo .. n achieve the recognition and respect they deserve in the business world; lOW, THEREFORE, I SUSAN VAN DYKE, Mayor of the City of Inglewood, Colorado, do hereby proclaia the week of October 16 through 22, 1989 •• &aYJo.AL ao•~• •s all ci i1ena to join in the to this organiaation, ita h • c unity, no only durin9 • h follow. r h nd and • al hia 2n day of 0c o r, 1989. 8 (d) I . • • - ~= Mayor and M.aber• of City council rROK: council Coapentation Ca.aittee DAR: Septellber 27, 1919 8VBJ•~= co .. ittee Reco.aendation On behalf of the Ca.aittee, we would like to thank you tor the opportunity to ••rv• the Ci ty of Englewood on tuch an ia- portant ittue. The charge ve received troa Mayor Van Dyk e vaa very coaprehentive at vell •• tpecific regarding Council'• overall coapenaation including aedical and dental inturance coverage. After auch ditcutaion and tiae tpent re- viewing the data ve requetted , the following are reco .. enda- tion• ve deea extr .. ely iaportant for you to revi ew and act on. Plea•• note that every opinion hat been reapec ted during thit proc••• and the ainority view which other Ca.ai ttee Mea- bare feel it outtide the real• of our charge ia repreaented i n the fora of pereonal 11e110randa and other notea . Detpite difference• in opinion , a conteneua vaa reached re- garding teveral i ••u•• which we feel autt be ••ri out l y con- a i dered i n order to kHp any diacrepanciea froa ever happen- i ng a g a i n. ou r reco ... ndat ona are •• fo llova : 1. lnq l wypod By nicipal Cgde i Cb•rt•r Cb •na • Tb • Cgwai ttee !eebert aaree tb•t tbar• t bould bl a Cgdt cb•na• conct rnina yllrv and blntfit iQC rtllll . Each area ne eda to be a pecifically d e fined, i.e .: aalar i ea , benefit, .aolu..n , e tc. v i tb no autoaatic aalary i nc re ••· s l ary and btnefi revieva abould bl aet up at 4ea i 9fta in• ervala, to tupereedt anyaort ten (10) I .. r dtlaya i n in- e ra •••· (Tbia lboul4 alao apecity no ncre •• of ben f 1 • f or c urrent tera officera .) A apecial rtviev board o f cit l aena 1• reco.aen4ed to e ither draft th!a ordinanc e c h D9 ith lega l counael ace••• or to review any Ddaen h l e - gal counae l baa drafted. 1 8 (a ) I • - • • • • • in an a9qraaaiva and up-to-data poaition with continuoua ace••• to pertinent City buain•••· A brief aynopaia of the data we requeated ia aa follow• and ia included aa attachaanta to thia ...orandua. we ware pro- vided reaaarch froa the City Kana9ar•a Office of thirty cit- i•• Waat of the Kiaaiaaippi that are deao;raphically coapa- rabla to Bft9lawoo4. 'l'hia data inclu4a4 aha of council, aalari•• and aac!ical inauranoa, if provided. It waa felt that thirty citiaa were too aany to cloaaly review and the field waa narrowac! to tan Denver Katro citiaa. Ac)ain the City Mana9ar•• Office raquaatac! inforaation on twenty it .. a froa uch of the oitiu oboaan. 'l'ba aurvay included it ... froa aalariaa, ..ctical/dantal inauranca and travel axpan••• to population and bud9at ala... 'l'ba Council alao provided ua itinarariaa for a 3-4 weak period wbicb enabled ua to batter appreciate the ti .. involvac! wbila MrYift9 in a council poai- tion. After paraonally raviawift9 and diacuaaift9 thia data, .. cb co.aitt .. lleUar than preparac! ~t• for each area they felt naedac! apacifio attantion froa Council. In oonoluaion, our cba~a waa to objectively look at all ar- -• of OCIIIp&JUI&tion and aubait our opiniona of wbathar or not we felt counoil OOIIp&fta&tion ia •too hiCJb, too lov or juat rlCJbt.• ror our opiniona, pro or oon, to be conaidarac! an axtanaion of youra ia not appropriate and VCNld ai.llply nacJata any purpoea for thla ca.aitt• at all. .. bope our fin41ft9• . will be of benefit to you u you aeak to H"a the beat in- taraata of the oitiaana of Ja9lewood • • I . • • • And if naed be, carry the proce11 a 1tep further to amend the City Charter with a vota to the citizen•. 2. Inauranca a.nafita b. Cpw~ittaa Mtwblr Allan faala tbtt by yotinq inaur- IQPI for currant Cquncil by currant Cquncil yaa an il- lM&l act an4. tbanfora. abould ba rtcallt4 vitb tb• City baina reiab\lrtw! for all prginpe paid. If thil vaa dona and inauranca covara9a vaa voted in for tha next City council, ba would rac~nd that City council .....,.r, ba 9ivan tha opportunity to participate but thay would bava to pay lOOt of tba pr-iuaa. Spacial ..aoranda froa Ca.aittaa M-ar Allan baa baan included for your raviav. Majority opinion did not faal it vaa tbair cbart• to decide tba latality of Council approval or uaa City funda to bira an outaida attorney to do ao 11 .ucb 11 it vaa to detaraina if Jntlewood i1 out of line with tba benefit• tbay ara currently providift9 for City Council. Tha aajority alao falt that a latal ,Dinion bad already bean randarad by tba City Attorney . on tba 11ua of inauranca. Another 11pect diacuaaad vaa tba value, if any, in attracti09 quality candidataa. AI you bava read in tba ainutaa of Au- 9\Ult lOth, tbara are aa.a that baUava inauranca covara9a il a 4ravift9 card for tboaa concerned citiaana who ai9ht not otbarviM faal tbay could afford tba 20-40 houra par waak that Council/City buainell taltaa away f~ tbair joba. AI a con it lhould not ba 10 appaaU09 that paop1a would want to NO UM of tba aalary and baoatite laval but bacauea thay ra in araat in • Ci y and 1 rovint it. I . - • • • • GEO.Il.ALLEII 2799 so. Downing St. Enclewood,CO. 80110 Telephone 789 4039 TO: The Honorable Hnyor and City Council FROM: Council Compensation mer.~ber Geo.lf.Allen. RE: Committee Recommendation as submited Sept.l9.1989 I will take this opportunity to thank you personally for allowinr: me to serve on the above committee. This decision has been a compromise one and I must make it clear that I am not cadorseinr, your Resolution to put yourselves on the City Employeea Health and Dentnl Insurance pl n houevcr allowinc only the council person to be covered , with no r~n1ly eoverace whatooever. This prov1a1on will ease th der.ree of the tax burdon that 1s beinG forced on the people ·who 1: put you in office. never he less the resolution ls unlawful. ir• t at both h City ord1 ane and h State la Thia la ... ; o 1n1on only a Co . t rurt.h r eou ttl r minor! y :J or hh ae o a a •· or h Jor1 ' 111 ak I • • • Gi::O. 1: ./,LLi':l/ 27Y9 ~0. Oownin~ St. EnGlewood,CO. 80110 •ro the Honorable Chairperson Debbie Perry-Smith and rnemberc of the Council Co:maittee FRO~!: Geo.l!..~llen Cor~mittee :ner~ber. The purpose of this letter ic express my apprecition of the opportunity of servinc with you on this co~nittee, and ~ore importantly t6 ezpr~ss w~at may wind up to be n dessentine minority position. 'l't ~ This co~n1ttee nember feel s thnt 1t is a mistake for this cornnittee to ignore the important initial quect tnn: Did the Enelewo~d City Council violate the law in votinc themselves medical and dental insurance benefit3,effective durin~ their current term? To icnore the question is like li:nitinb the inquery of the action of an accused e~bezzler to "Did he deserve the mone:,'?" To icnore the question would create the bnpresaion in · citizens that our reason for existence is to rubber at~np ~ council clc c1•i o or very quc~tloruble lc c ~l1 y ~nd cLhlea. Our record :~ltoul sho~1 thut th rencort Cooneil cr atecl this ~ ... ·· comr.t1ttee ~~ 5 tho l tter of p rot st rrc.:~ented to Council aucs ionint~ h e lc ,:a l1t .~ n cl o hie s of 1.1 l e t ur : s sl~n~d b'l ~bou L f r ~ r oc 1 coD~ow d or c x-co u n c1 l::1 n x clcJ t'tl nt ai r c l I . • • • To inquire effectively into this question, the Comm- itteeneed s the benefit of a qualified le~al councll. I ma de 'such a request rind was turned down by the City manacer and a ~ajor1ty of the Committee members.That would be much less expengive than -the expense of a l a~s uit and criminal inve-/ st_iat1on. Numerous opinions have been made by committee members which are lecal in nature and none of us profes s to be Law. yers. The questionair request we eive leeal opinion s ("What does charter mean by salaries? "Doen the Charter mean to pro - hibit officers from partieipart1ng in City benefits~ " are Council persons employeces~Does charter prohibit Compen s ation durinv current term?~ To answer the questions without the benefit of a qualifie~ lecal opinion is reckless and imposs- ible. To leave the questions unancercd is whitewa sh , a cover- up nd an invitation to corrurtion. It 111 serve s the City Council, and the eiti%ens of our city. FiliALLY I am quoting from the City Attorney letter dated Dee. ~.1988 th t Council has bao d their decision. f. Puresu~tnt to elty Cb ottr. if Cour.c 11 ha a prov L c buc.i e r:d t.h'\ irelus1on1 !1cl · · :: . l .. h o '"r'\:. (,., ~.n ic-n !:t ... n . l <:r • ·) t.!.~n ._ .. t• :l --.,:t~cnt. •J• likelihood tlh t , 11\ br1 l cr he or olor Jo ould • l JJro • ~u ch ox - a 0 ) . '•. I • • • ,. • MAYOR AND MEMCERS OY THE ENGLEWOOD CITY COUNCIL . Tvo of the loc~l ncv:p~pcrs h~vc rc~ortcd th~t you h~vc voted six to one to hove your in~uronce pre~iu•s paid fro• the cr.ncr~l fund of the city·, and th~t ::.he r .esultinc incre~::e in your benefits nrc to be cCfcctivc iaacdiotcly (durin& your current ~erms of o!fice) •. We stroncly uric th~t you reconsider your ~ction and r~::cind the resolution. Aaona the reasons ~re: c 1) Tho Enclcvood City Ch~rtcr speci!icolly prohibits ~ny increase in o Councilm~n·~ ~nl~ry fro• bcinc effective durin~ tho current tcra of councilmen enoctin& such ordin~ncc. Colorado Statutes co even further: they prohibit any increaoe in any benefits fro• be int ef!ectivc durin& the council•en's current tor•. H~ve rou considered the possibility "of a hvsuit. beinc broucht, it beinc cuccess!ul, nnd your h~vine to p~y the aonoy bock personally? Tho paper reported thot the City Attorney aove the op inian .thot . insurance pro•iu•s vero not salary, 10 you did't hove to vorry about tho City Charter. Did he ::ny vhat coso held that? Di d he say that a co1o held that :toto Lav vould not thon a,ply? Did any o! you osk for o !oraol written opinion that vould be o public docuaont?. · 2 )Even as1uaint that all of those questions vould be reoolvcd in your Cavor, hove JOU con idored that Councilvo•on crrne (tho lono diooontinn vote--tho council ia not co•,loto 7 devoid of on ethical eonao) v 1 oboolutoly ritht? The roaol•tion cortninly violoto4 the p r1t ( { noL the letter) of the low. It ho~ clvays been the policy thot a ~ublic of!iclal ahovld aot uae hi' position of public tru1t to cnhonce their ovn pcraonol interest. ~o Ennlowood C tr Council bc!oro ainco tho c1t1acno cnoctod tho City Chort r n 1~~9 h a po110d auch o ,rooolvtion to incre~ae their ovo bene! t durin: their curren tor• • . . etadi ~ th reaol h o r Coanc 1. l to lor in r or he 0 • • • ' ·.·.·: It cnn t be ~urpti~ine that our lone ti•c dcpart•cnt director~ arc acccptine or applying for positionD in other cities where their salaries would be •ore in line with their re~posibilitics._ We urea you to conaider that the appropriation ($22,GOO) "•odo for your personal benefit •icht be better used to increo~e ·department director's solorios. l•en ~oro disturbinc is tho fact that Council has discontinued the plo7in: pri.YUeces of port-ti•e ::olt cour:~e o•ployees that hnYe existod since tho course voa built in 1978. They olao exist in every other public courao in tho DonYer Metropolitan Area, The practice is actually of benefit to tho cenoral public and the cour:e Dince in this way the7 con obsorYo t~o do!icioncieo in tho course and correct the•. Sinco those port-ti•o te•porory e•ployees receiYed absolutely no pay increase, this losa of benefits resulted in their bcinn the only ones to :u!fcr on actual lo:s oreroll! Theso priYileces ore CiYon only when no one is vait i nc ·to aot on tho courao. · Vo urco you to re a toro thoao bonofita: Thoy coat tho city nothinc and would likol7 incrcoao tho roYonuo fro• couroo pla7. Ono of the Council•cn has circulated a letter soyina that thoro hos boon •uch •i si nfor•ation about this incrca~c in counc i l benefit~. Tho •iain!or•otion hoo coao lorcoly Cro• hi•. It ho rood tho chortor ho'a sworn to uphold he'd diacoYor that it aoya council•on oro not ••plo7ooa. Since tho7 oro not o•ploJooa tho to~ conooquoncos to tho health plan of the cit7 e ployooo oro unlikol7 to bo oflectod. If ho roodo thia ho'd lind that tho YOto and ctoto•onta •odo by Councilwo•on Iyme (who• he choso to toke o choop shot ot) were tho only one Cro• Council th t we ~cr~o Wit h. It he looked ot tho 11at of proYioua co~ncil oft, ho •1aht rooliao that tho c t1aoaa ot tnclo~oo4 h3YO ~~en quito succeastul in cclecttnc !ro• thoasolYeo o 1 co•potoft council c• who did Collov occeptad othtcol ttaadordo. A•ot w t r to lor toll 14 r th r oo utioa • l oro n4 tovo. )' co I . • • • To: The Honorable Chairper~on Debbie-SI!!i th and Members or the Council Co~ittee From: Georre H. Allen, Coi'DIIi t tee },:ember Geo. H •. •.1 1en 2799 South ~own1n~ 3treet En•lewood, Colorado 80110 September 14, 1989 Since this will Probably be the last meeting or this Committee I have a tew observations that should be noted in the record, and I am Including them ill thh letter. One ~mber or this Coamittee stated that no one she has talked to ex~ressed any concern over the Council action in voting themselves medical end .dental inaurance benefits, errective durin~ their current term, which it has been pointed out 1 ia in direct violation ot the State law es well aa the Ci~ ordinance. one can oniy conclude tliit abe hian*t teiked to any of the people who Si@ned the letter of protest presented to the City Council (these people included six former Uayora e nd nine former Councilmen). She, also, baa not talked with any of the En•l~ood citizens who sent letters to the editor of the Sentinel criticizing the Council's action. Her list ot the people ahe talked to would be interesting to review. Indeed, wb e t more can citizens do to exerciae their constitutional riFhta than to partition their ~overnaent for a redress or their ~rievancea? A.notber couno U to at ract hi D I . • • • • • P!ure 2 Alien letter 7.o: Detbie-Emith end :oJembers The City ~na~er and the ~ouncil have exnreaaed a concern regarding the poor financial condition or En@lewood, and are concerned with the short tall of tax revenue to pay the bond peymenta on the enormous ReYenue Bonds that the City ia burdened with. Let ua recommend that t~ey giYa attention to the real City probleaa, and less to their ~rsonal ~ain. Bow, you have listed fiYe possible recommendations that we .. Y select one of and send to the City Council. I must, in ~ood conscience, ask tha\ ~ .ore be added, .. ktna seven choices, and pleftae let the record show t~ this two haYe been added: &. Council m.eabera uy wish to J!ake an1lable to theuelYea the op-portualty to use the Cities Health/Dental care and asree to pay one hundred (100) percent of the coat, and to pay back to the City all the money that they haYe coat the citizens or ~•lewood since they passed the resolution to award theaaelYea this benefit. 7. Refer thia decision to a vote ot the oeo~le ln Noveaber. FinallY, you ai,ht be well edviaed to ~oatnane any reca..endation to the uouncll until an inveati.ation can be made by the District Attorney• office. I believe the tax payers ot ~alewood ~111 aopreciate this ca.mittee•a ertorta 1D this rerard, but let ua not be accused or wrubber ataapins" the wishes of the City Council, even thoqb thh special c~ttee does, indeed, ban their beat interests at heart. In 117 many y .. ra of aeninc the -lewood cit1Mna, I haYa c~ to the conclusion that: "When •~th~ ,:oea wronc, the people will correct It, and any ti•• it Ia bard to determine juat tfbo and how they Ud it"·· I want to thank all the c.;OJaittee Ml!lbera tor t.he prlvlle" ot aeniD« with you l.D the be•t interests of -lewood -117 b~. n I . - • • • • • COQlfCIL COMppsux01 cqgrxm1 UCOJQmrQATIQHs Tbe following are queationa froa Mayor Van Dyka•a Gettinq ltarted aaoranc~ua dated July 10, 1111. The followinq are oo.aenta froa the CO..ittee aa vall aa their final reca.aan-dation. A. lalaa;y GA -Avera9e for aeveral aiailar alae citiaa. Should reaain aa ia. CD -aaa.d on other ~ity coapariaona, I feel coun- cil aalari .. in 2ft9levooct are at a ...Sian level. They are net exorbitant nor are they aubatancSard. They aay be ali9btly low baaed on boura par .anth apant on City raapona1- b111t1 .. and functiona ainca thaae raaponaibilitiaa auraly .aat have an bpact on the Council Jleaber•a ability to aarn a f\111-tiae incc.a 1n rec,ular job fUnctiona. Cll -With tbe nine c1u .. aurveyed, Rft9levoocl vaa low. DH -Adequate co.parec~ to Otbar citiaa vitb alailar MZVicu~. *Poaaibly conaidar every three to five yean -Jteep1ng in line with inflation, clutiaa, ate. Charter defin1Uona IIOfttbly clef1n1Uon -not benefit (lo yean a9o - net aueb a need or clea&nc~) • *Tiae put in aboulcl ba ca.pan-aatecl. u -llban total Pruent co.panaauon 1a conatclered, tn- cl\aclift9 the recent inaurance paclta9a, believe our Council ia Wfficlantly but not axcaaaivaly co.panaatad • •• .. . l •• I . • • • • • CD -Payroll banafita •••• to be conaiatant with the level conaidarad to be acceptable in the aurvay of citiaa. Jlajor aedical covarava ..... to-to be a prudent and viae benefit and acceptable to offer over and above aalary raia- buraeaent. Cll - I believe the payroll benefit• ahoulcl be Jcapt the ..... It could eave the City aoney in the lonv run. DPI -Appropriate. SS -.... aa bia previoua atataaant. c. AMtp Allgvana GA -OK if clearly docuaantad aa official buainaaa. CD -Appear• to be conaiatant with laval• allowed in other citi••· Alao ia conaiatant with •tandarcl buain••• al-lowancu. CB -'l'bi• llhoulcl be kept the .... aa it b now. DPI -Appropriate -poaaibly with aonthly ceilinv -need to verify actual uave. u -.... a• bb previoua atataaent. D. Office lvpll11 QA-, ... CD -table level. City buyt,. wpplia•, CCNftCil aboulcl be froa t.be City. U Of u ••. hia p vtou I . - • • • • • • CD -coaparaa wall with other citiaa acceptable laval. CH -Keep thia aa it ia nov. DPS -A4Jr•• to if aubaitted ra1 board aa.ber of na- tional ~ittaa and ra~iraa aa auch. 88 -•-• aa hia previoua atat .. ant. P. CQIIPYt&r GA -Jfo. CD -Tiaa .. var for City vbich haivhtana efficiency of operation•. Acceptable ainca co.putar• r ... in property of City, CH - I think that thia ahova EftVlawood bainq a leader in CJOY&rna&nt. DPS -EftVlawood i• a atap ahead. 88 -Save aa hia previoua atataant. o. 'l'ru•l a.hetNra .. nt GA -Yea. CD -Acceptable level, not exorbitant. CB -If r~irad. DPS -Appropriate -relating to oonfaranoaa, ate. II -.... aa hi• previoua atat..ant • co -aptabl a . Cll -o. .. -. . . I . I. vacation ltn•fitl GA -No. CD -ft/a. CR -No. DPS -No. GA -No. CD -n/a. CR -No. DPS -n/a. • • • 88 -Saa1 a1 hi1 priViOUI ltat ... nt. K. ledical Inturanc• GA -lfo. CD -I aa inclined to l1an vith th1 IRS that IMdical in- •uranc• i1 a non-ioco.e non-taxable benlfit. Iince Federal letillation 11 currently pencUDCJ vbich vould requin -ploy- •n tb• •he of ID9levood ancl 1aaUer to provide aecUcal cov- erav• a1 a aandatory ben•fit, I beli•v• addin9 Council •-- bere to the IMdical plan vaa vii• and forward thinkiDCJ. Cll -Yaa, They ahould be covered nd if they ant the faaily plan, they (the Council) ahould pay for the taally portion or at leaat a portion of the taally coat. D -our cbarve ia not to deoide levality of reaolution but to vive it caref\&1 conaideratlon, aake any rec Ddt- tiona, deteralne ita 1 rtance, if any, to the City in v•n-er:al . . .. . •• bi• p I . • • • • L. Ptntal Inturance GA -Mo. CD -It appear• to be a aove that certainly will aake the council potitiont aore attractive to candidate• in future year• at a ainiaal cott to the City. In .-y opinion, it it 9ood vovernaent and contittent with the intent of the City Charter and by-law• at written by City forefather•. I do not view thit benefit at a talary increate. CB -Yet, they tbould be covered and if they want the faaily plan, they tbould pay for the f-Uy portion, or at leaat a portion of the f-Uy cott. DPS -s ... at her previout ttat .. ent. as -s-e at hit previout atat .. ent. K. l4ucatiqnal Beiwburttaent GA -Yet . CD -'ft/e. CB -If needed. on -'ft/a. sa -a ... at bit previout ttattatnt. •• Me al ltieburt•ptpt GA • Ye t. CD -Contittent with othe r citi••· CII-If on -u 11 .... e tinCJ ... 11 provtdtd. .. -. • bit prev1ou t e tat I I • • • • • O. AUtomatic Salary IncrtAII GA -No. CD -I would bt aort inclintd to aupport the eatabliah- aent of a aalary rtview coaaittee to track rate of rtiaburat- aent offered to Council Mtabtra with the econoay coapared to other coa.unitiea. Englewood ahould increaae reiabura .. enta within the next five yeara. I aa oppoatd to autoaatic in-creaaea. 01 - I think that the Council Mlabera all have other joba and ahould get their aalary increaae froa that job. DPS -Continue to vote by Council with guidelinea. Poa-aibly 3-5 year incr .. enta -no aore than lOt. ss -No. P. Cb•tter Or4inance Change GA -No. CD -The Charter, in •Y view , aeeaa to be in order. A clttrer definition of aalary va. btnetita aight be in order. 01 -Jfo coaaent . DPS -s ... •• her previoua atat ... nt . II -l trengt.hen to clarity -any incre .. e of lAX k ind vot~ f o r nan ten . o. Ll•t l alary Inc r••tl GA -lt79. D I r vi -ch lonver (10 y uni tie a. However, • quite ven roua to .. lt1t. • he r prev.t.oue ra e ot intla ion I, n R. lull Stryict City GA -Yt8. • • • CD -EngltvOOd coapart• vall with othtr full ••rvict citi••· In fact, it appear• tc bt •uptrior to other• in aany co•t-•aving area•. CB -ZngltwOOd i• a full ••rvict City which i• greatl DPI -Relevant when looking at other citie•, •alary, in-•urance, that are coaparable. sa -a.., a• hi• prtviou• •tateaent. GA -400. CD -Con•i•ttnt with the •iae and •ervice• provided by the City. CB -Ko coaaent. DPI -• .., a• her previoue •tateaant. •• -..., •• hi• previou• etateaent. 'I'. fDpuleUon li•• ca -n ,ooo. CD -Ko ~t. DN -o coaent. •• -•• hi• previou• •tattaent. u. GA -tJO,ttS,444 , C:O • Av r af1. 'I I . • CH -No co .. ent. DPS -No co .. ent. • • • ss -Save a previou• co.aent•. 3 • lfhat dp you thfnl£ the Qltrter Rllnt by 11Mnthly glarfiat• GA -Total coapen•ation with no .. oluaent•. CD -r adjud9e thi• aection to ••an taxable incoae ac-oor4in9 to prevail!~ definition• in IRS Cod••· CH -I think aonthly aalari•• ••ant what aoniea changed banda. Thi• doe•n•t include benefita. DPS -Strictly aonie• to be received for ••rvicea per-foraed "not benefit•." ss -Not include benefita. GA -In ay opinion, no. CD -I believe they did. CH -No ca.aent. DPI -In addition to worker•• coapenaation. sa -Induetey atandercta would dictate theae aa reduc-t io •· .. t do no know . • I • -• • • CD -z believe thi• was an option left to the City sub- ject to Council direction and interpretation. Again, IRS Code• dictate that .. ploy••• onli qualify a• contract labor if no regular schedule of hour• • kept and aaployaant i• lporadic. I do not believe if lubjacted to IRS •crutiny that Council Maabar• would qualify •• contract labor under the quidalin•• that define contract labor function•. Therefore, Council •alari•• are lubject to withholding in the legal •en••· I would find it hard to believe that tha originator• of the Charter would write it in 1uch a aannar that would sat the City up to be in violation of Federal and State law•. If it indeed wa• written in •uch a aanner, it •hould be aaandad to be in coapliance with the law. CR -No. DPS -No a• contract labor -•t.ply becau•• "it• was not prevalent 30 year• a9o •• i• today. ss -They don't qualify as contract labor and a salary does not aean fee. Did tb•v eyen con•ider tb• ~:! :::f:!a ::::'ti• 'I = :xpeytt4 part; pt cqapenaatipn ___ Jl__ _ ________ , DA•t tb!rty yaarwt GA -Don't know. CD - I thinlt 30 y .. r. •to it would bave bean bard to an- ticipate all the daaanda tbat would be aade on City vovem- aant. I thinlt thia i• wby •a.a araaa of the Cbarter are de-liberately vaque and aubject to current Council interpretation. CJI -No. DPS -If they did, they didn't con1ider ano~a qrovth and •• in councila, c ittees, boarde1 ate. •• ... n• of con-ductint City bu•ln•••· II -Probably not. • '· I . • • • GA -Don't know. CD -It doaa not appear that way to ••· CH -No. DPS -No, aa a rapraaantativa of the City in aany fac- ata, day and day out, ahould be elective to individual -30 yaara a9o aany of tbaae benafita didn't axiat aa option• - nov they are nacaaaary. 88 -Doean•t atate ao. U anatit;a art yndat;e4 by lyt;e pr Federal lay. dp ypu bllieya tb• Charter ypuld axptct tbat tbe •wontbly aalary• yqyld be reductcS to ay tb• gpat pf tb .. • blnafit;a? GA -Don't; know. CD -No. CK -No . DPS -No. 88 -Mo. GA -Mo . CD -I believe they abould. CK -Ye a . DP8 -Council alao act •• •aabeaaadora• of the City ShOI.lld they be excluded. I -Yaa. 10 •. I . -• • • CD -Ye•, I believe it i• a po•itive incentive for qualified candidate• and tbat it i• a rea•onable benefit to be offered in excban9e for •ervice to tbe City. CH -Ye•. DPS -Protection for IMJibera •on tbe job• if becoae ill -Option to participate -Keep• City out of liable •ituation. 88 -It i• vortb it if we •ave a lo••· 5. Qid tbe Charter inten4 to Prohibit cowpan•atign •¢urinq tbe curnnt tera• fgr all fora• of expwn11. aucb 11 travel reiwhyre...at. autq exptn•e. qffice •uppliea qr .. •1• gn City buaine111 GA -I would 9Ue•• •oae of tbe above, CD -I don't believe •o. CH -No. DPS -No. II -Le9al opinion. GA -Don't Jltnov, CD -l believe it la CNI"nfttly at a aore tbaft reaaonable rate and no evl ot exorbitant incY" .. M in t.be bla- tory Of • City, ac - .. 10 • coil\· I . • • • Alto coDaid1r and coapart incr11111 in population. tbt mJwb1r and typ11 ot City prpqraw1. tilt And ICqpl ot tbt City bydq1t. nyabtra of ewploy111 and otblr tiqnificant cbanq11 ~ tht Cbtrtlr v•• draftld. GA -No coww1nt. CD -Wh1n cowpartd with today'• wany diWindt, I f11l th1 rtiwburi...Ut ratt BIY bt IOWIWbtt low. CH -No cowwant, DPS -All hiVI abovl bttn cbangtd tiqnificantly II Will •• dtaanda cbangt4 -outtidt cititl pttr pr111urt -wort ttr- vict oritnttd toci1ty. ss -No cowwtnt. 7. lbqyld tb1r1 be an autqaatig y1arly talary incr1111 for Cquncil byilt into thl Cbtrtlr? GA -No. CD -I don't think 10. I favor a co.,itttt r1viww pro- Ctll. CH -Gu id1lin11. DN -No -3-5 y11r1 rtvilw on talary with cap on. ss -No. Art tb.rt any p tber cbtMII tb•t tbpu ld be W1d1 to tbt Qa•rt•r rtaardlna c;pyng il CP'R'"M\ipn7 GA -No. CD -NODI that I lit t thil ti ... CH -Jutt that there llbou.ld bt btnltlu your ic l/dtntal. icb inolud DP8 -Guidelinll, Ch a rte r ahoul4 bt clarUitd . No, at a ll tor curre nt t tra Council. 1 -Clni ty , no inc tnt e ra. 1e1 o f a ny kind pprovt4 tor cu -I • • • 8. Do vou b•li•v• that Council coapansation aff•cta th• ::t;ti{i fir2!itf ¥!;;;; willing to taka the tiaa frQJI _____ -~' ----------•-__ Qiitlcipata fully on council? GA -No people run for Council for thr•• raaaona -(1) now they can aaka an incoaaJ (2) because they like their City and want to aaka a contribution to the welfare of ita citi&antl and (3) to wake a change because they do not like what it being dona. CD -Yet, I do. I favor a fair rata of raiabursaaant conaiatant with noraal butin••• practice to encourage qQalified individual• to participate in the City govarnaant. DPS -Yea, aany would conaidar if there waa aoaa extra tia•, conaid•ring tiaa to put in if to do quality job. ss -can not aaka coapenaation attractive enough to bring in candidate• -but can at least keep it froa being a financial burden. Should or can cgaptnaation bl uaad to incr•••• the nua- blr gr quality gf candidat•• for Cqyncil? GA -No. CD -I think the acca11 to inauranca it adeqQ&ta at tbit tiae. rutura incantiv•• could include a aalary incr••••. 01 • JIO ~t. DPS -llo hara, conatituenta abould be able to ruU&a a .oocbar by attitudae and heart in work. ss -save •• praviou• ~nt. t. GA -Juat right if tbay raacind the raaolution that gava th .. thair coapanaation. CD -aptabla, al ouqh tligbtly lov with otbar citiaa. Cll • JIO CODIJ\t. • . ) n coaparacl I . • • • • DPS -Appropriate with in•uranca on it. ss -Total coapanaation OK •inca health in•uranca added. Mbtt cbtnaal Mquld W Mda. if anyl GA -Tbay Mould reacind the pay rei•• that they gave ~alv•• and pay back the aoney that the City hal apant on th-. CD -lfo cc:..ent. CR -Guideline•. DPS -Guidelin••· II -lfo co.aant. !bat aMitiqnal prqc;dur•• abquld be iwplfM"1t4 tq a4-4r••• shiD911 in Cquncil cqwpenaatiqn qr the axp11n1a qf })eina in qfUc;al GA -Ilona. CD -Eatablilb a reiaburleaent review proc•••· Cll • llo ~t. DPI -llo co.aant. II -,.rtodio cittaeo oo.aitt .. review~. • ny o r than poeaible clarifi of a luy a. benefit•. 0 ion I . • • ,. • ss -Clarify that any fora of c~ation or raiaburaa- .ant incraaae can be voted only for the naxt tara. 10. Yqyr r~CQW~Ao4ation. GA -a.acind the raaolution that 9ave th ... alvaa the pay lncraa-and pay back the .oney that the City haa apent on thea. CD -1. ....in at current level of rat.burae.ant plua -.dical for 1111/11. 2. Eatabliah review procaaa for future yean. CB -That Council be able to Jteap their .adical and den- tal inaurance. DPS -Mo co.aant. 88 -Mo chan9• to current ca.penaation. u. .c--·-n ... u ...... GA -.. have aany citiaena in KncJlevood that can not af- fcml h .. lth and dental inaurance and .... eo~~pletely unfair to require th-to pay for the council llellbera inauranoe. Further the city ia in poor financial condition and tbia type of Mlfiab deciaion do not help but woraen the city financial ooncli tion. CD-I vaa pl .. aed to-. how KncJlevood ...aurae up to other citiea. I believe that aurvey reaulta ranec:t. that KncJlevood ia belft9 prudently MMCJed vitb a aenaitiYity to- ward the neecSa of ita Mnanta and ·=::~ n I hi•• no •-jor concern. ralati"9 to aalari... ra ta or fit.a at thia u ... -Tbl a • a v a ry ni y, o • hov ot.ber and hat o r cit l aa o tf D oc nt. • • • • TO: Council CoM~naation Committee T~~aas ~. ?!tZ~atr1c~ 3155 Sout~ Acc~a ~treet Eng1ewcod Colo~ado :0110 13 ~eptem~er 1959 1 am ~r1tina this latter to y~u, Co~ittae Kembera, aa a concerned citl&en or the city or Enalewood. I aa aorr7 to aay 1 nave only attended one ot ycur ~••tina•• 23 AU&uat 1969. I attended because or curiouaitJ aa to what and why was Council conaicarlni coMpenaatlon. ~~edleaa to aay since attending and pravloualy reading article• in the newt troft the City Mana6er anc 10111e City Council Mambera I have becefte ~ui te contuud • to just what condition the cit7 la reallJ 1n! Tbe City ~anaaer atated that we will lola $350,000. ~ext year, we have entirelJ too ~ny clt7 ~•ploJ•••• we must cut the nuMber ln • ach departn:ent. He clalll!a the clti&ena .,.lll not rut'tar. But we no longer ~ave rea1dent1al patrol cara aa betore,we do not ~ave a tire chief, a pollee c~let, and aa I undar1tand a perecnnel director. The Parka and Recreation Departll!ent will no lonaar operata the arean- bouaa, it will be lea1ed out. Obl yea\ and he ltated that t h ere waa no ROneJ included ln the budget tor a ~ ralae tor the City E~ployaea, the Anl~al Ct.ntrol O!'tlce and Coda Entorca nt tlr.e have be • n cut. One Ccuncll ~ember euo.asted dolna awa7 •ith tbe ~eautlful t and cclortul annual plants and t ~eir arran~erenta we r.ave throu,hout tbe cltJ. Inatead ~o use perenniala. Anetber IU&i••ted dt.lnc awa7 wltb 1 or t~• reenerJ •nd instead use rook1, and en and ~~and on. At the ~••tina 1 attended I round tnat tbe oltJ 1bould apend tr.a roney tor healtn ~d dental insurance for Ct.unoll Maabere, coMputer• 1n t ~eir no~a ~n6 tna coat otlnat•lll~ Rode llnee. To or tne above alr e dJ re ln ~lace et a COl~ or 1272.76 for insurance per f&Mlly, 13 00. per CG puter. Ot ner lnl~a, apouca trevel, vacation, r tire nt, ~ la and ~onder h e aucn ~ra. n t . e o &1ft4 re I • • - • • • • • To: Council Compenaation Comm1tt•e Thomaa :n. Fitzpatrick 1) Septe~ber 19£9 Tbe beat teacbins and practice ia beat demonatrated bJ vbat JOU do, not bJ what JOU ••J• The oitizenrJ or tbia oo.munitJ recosniaea tb1a quite tullJ becauae theJ have bad to put tbia into practice tor m&nJ Jeara. It the citJ ia in auoh dire atral&hta aa stated, tbe cuta abould atart at the top and then oo.e down. 4,.;;:;'{~ /'lboau Jt. P1tapatrlck Citiaen and Por.er CltJ Counclt.an • I . • • • • • 8 (b) PROCLAIIA'l'IO• WHEREAS, the availability of abundant, affordable energy supplies and the vise use of energy and energy-producing resources is vital to America's continued econoaic prosperity and national security; and WHEREAS, energy is the lifeblood of America and a prerequisite in modern transportation; machines, equipaent and ap9liances; and homes, businesses and industries; and WHEREAS, the goal is to make our citizens aware of where their energy co~• from and how it can be used wisely and efficiently; and WHEREAS, the th ... of Energy Awareness Month this year is •Energy Builds a Better America• and is dedicated to pro.ating the awareness and understanding of the security of our energy future and its bond to the social, econoaic and political welfare of AIMrica; and NOW, TliEREFOU, I, SOSAII VAll DYU, Mayor of the City of En9lewood, Colorado, hereby declare October ltlt as in the City of En9levood, and I encourage our cithens to recognize the importance of enern and enern conservation to ensure continued prosperity in ~rica. GlV . under .y hand and seal the 2nd day of Octo r, lUt. , I • • - PROCLAIIA'I'IOR WHEREA S , t he fi r s t Germans arrived in the United States on October 6, 1683 ; and WHEREAS, today, more than 60 million Americans trace at least a part of their ancestry to Germany; and WHEREAS, these descendants of the first Germans have served this city and this country steadfastly over the years in all fields; and WHEREAS, the United States Conference of Mayors and the Embassy of the Federal Republic of Germany have been working to9ether in support of this occasion of international siCJnificance; OW, THEREFORB, I, SOSAJI VAN DYJtE, Mayor of the City of En9levood, Colorado, hereby proclaia October 6, ltlt as in the C ty of Enqlevood and call upon our citizens to recognize the v tal role Ger.an-~ricans have played in the devel~nt of our c1ty and our nation. GI under hand and s al the 2nd day of October, ltlt. B (c) I • • - 8 {d) PROCLAIIA'rlOW WHEREAS , the Englewood Business and Professional Moaen•s Club strives to elevate the standards for women in business and in their professions, as well a s to proaote the interests of business and professional voaen; and WHEREAS, the Club strives to bring about a spirit of cooperation among busines• and professional va.en of tbe Onited States and extends opportunities to busines• and professional woe.n through education along tbe line• of industrial, scientific and vocational activitie•; and ~. vcr ing n of the Onited States ca.prise OYer Sal of the loyed population of thi• country, and they contribute •ub•tantially to a •ound working structure of our nation; and WHEaUS, it is ~rlca•s working energy to as•ist ot th 'I des rve n desire of thi• Council to honor are de otint their ti .. , talents, and a achi_... t.be rec:OCJilition and respect rlda City of of Octob4tr U • • • • PROCLAIIA~IO. WHEREAs. the citizens of our coa.unity have long recognized the historic link between education and a strong, free nation; and WHEREAs, our P~lic schools have enabled generations of American faailies to build upon the lessons of the past to achieve the dre ... of to.orrov; and WR&REAs, Aaerica•s syst .. of public edocation relies not only on the skills and dedication of teachers, school adainistrators, and education support staff, but also on the encourageaent and support of the entire coeeunity. NOW, '!'ll!:JtEPOU, I, SUSAII VU DYU, Mayor of the City of Englevood, Colorado, hereby proclaia the weet of Oveaber 12 through 11, ltlt as in t .e City of En9lewood. I ur9e all citizens to reaffira their n t to our public schools and to recognize the critical . at learniDg plays in the preser.ation of liberty. rc his 2nd day o f Octo r, ltlt. 8 (e) • • . . • WIIEitEAS, at ODe tilDe, Square DADCe vaa deai9Datecl by Con9r••• aa the national folk dance of the United Statea of Alleric:a; and 1ftiEJtEAS, Square DADCe reDeva the pioDeer spirit of cooperation and c:~ity and pra.otea 9004 will; and 8 (f) WIIEilUS, Square DADCe abould be pre .. rved aa an Ulportant part of our cultural berit&9e; JICM, 'r'IIDEPOJlE, I, SOSAII VAll D'I'D, llayor of tbe City of En9lewood, Colorado, bereb7 proclaia lepte.ber aa n the City of En9levood. cava 11Dder ., baod aD4 ... 1 the Zo4 day of October, ltlt. I . • • - The regulAr lleetfng of the Englewood Bo~l"d of Adjust.ent ~nd ~pe~ls .,IS ulled to order by Ch~inun Welker ~t 7:30 p.•. Mellbers present: SeYIIOUr, George, lighth~ll, Dunn, Sh~ffer, ll~ldun ud Wel k.er. Mellbers Absent: lone. Also present: Dorothy ._,.s, St.ff Advisor Dan Brotz..n, Assist~t City Attorney Joyce ParsCN~s, Code £nfon:aent Officer Rfchal"d Drebettstedt , Code £nfon:aent Officer .... A&. • lll..rts. 10MD fiDit£R SfWDJR 111MD THAT Tlt£ MUIIT£S Of AUGUST 9, 1989, B£ APPROY£D AS IIRITTDf. Board "-ber lf ghthall seconded the •t f Oft . All ...._rs present voted n favor of the •ttCNI, and the Chat,..., ruled the Minutes of August 9, 1919, ~~~ere approved u witten . ..._A&. • Fr•au • Faa. IOMD fiDit£R .S£Yf1Ul Jl)¥£0 THAT THE flii)JKS Of FACT 11 CAS£ 115 -19 , FOR PROP -£RTY l0CAT£D AT 4176 SOUTH lJ STR[fT, 8[ AI'NDV£D AS IIRJTTDf . 8oal"d ....,_r George S«Oflded t •t Oft . and the Chatnun ruled t F nd ngs tten . 9 A I . T Richtrd W. Drebenstedt Code Enforce.ent Officer • • Wls sworn in for testi.any. He presented photogrtphs of the condition of the property 1nd showed 1 videottpe of the condition of the property on June 29, 1989. The videot~pe showed the property with the fire line blocked &nd 1ccess being used 1cross the neighbors' ltnd. Vehicles were 1pp1rently being stored rtther th&n kept •rely "in process• 1s required by the tgree.ent. This 19ree.ent tlso required 1 cletr fire ltne, nett sttcking, 1 privtcy fence to be erected lnd ~inttined 1nd no vehicles to be dis~tled on the Prellises outside the building. Mr. Drebenstedt shted th1t . Kurtz hu hid to use the neighbor's lind to 1ccess the property becau5e the fire l&ne hu been blocked. As of this dtte, thfs l&ne is cle.r. Ms. ltghthtll ufd thlt t ag'ree.eut requires th1t inspections of the property be ~de e ery s x ~t s by the City 1nd th1t if there 1re tny violttfons Mr. Kurtz .,st COf'T'eet U.. wit i 30 dtys. She stAted her belief th1t, ile sa.e 1 spections re ~de &nd letters sent, the City hu perwitted the property to be Used for 1 wrecking Ylrd, nther th1n 1 reptfr ftcflity. Mr. Drebenstedt stid t 1t t 1 sade of the ilding hu been cluttered with vehicles "i process•, lftd t is is in co.plitnce with t tgree..nt; ho..ever the dhtrny lnd 1 roper stor~ge of c ictls Ire possibly 1 dtnger . He shted t u,.. building h full of vtrious tt . The &o.rd noted ox &nd acetylene t s n t building . . Drebenstedt u1d t 1t t tldutg not be structunlly sound lnd sa.e of t electrtcal wi ring s q st1on&ble . The 1ttic s full 1nd 1 1ter 1ter ad been 1 roperly 1 stt11ed . T venent condft on of t f1re 1 IS bee • V1oltUon, storage of J Ptrts •re not pe tted, dfus - s led t c s • e sto~ on t property, And ~ress 1 tngress 1 e n f roper . • • Mr. Welker 1sked if 1ny one wished to respond to the st1ff's presentAtion. P. Arthur Tigue 420 South Nlrion P1rtw1y Wls sworn in for testi~ny. He Slid he Wls representing J1net T1gue, the OWMr of the property for 20 yurs. She hu 5250,000 invested lnd is very interested in the c1se; however she works 1t night lnd w1s un1ble to lttend. Mr. Tigue Slid th1t J1net Tigue hid been ISSured by Mr. Kurtz th1t the property would be brought into ca.pli1nce, 1nd she h1d 1ccepted th1t 1ssur1nce . Mr. T1gue; however, h1s beca.e 1w1re of the proble., 1nd will keep in .uch closer cont1ct with Mr. Kurtz tn order to 1ssure th1t the Property is clured, lnd kept in ca.p1t1nce. He shted th1t he 1nd sever11 other people h1ve worked long hours for three d1ys to cle1n the property, and h1ve Ude 1 gre1t de1l of progress. There h1ve been in- Juries to Mr. Kurtz and to hiaself, he uid, lnd it likes ti• to l"ftiOve the ecc-...lltion of ye1rs. Clr Plrts h1ve been re.Dved; the ffre hne has been cle1red; lllfty things hne been "-»ved or ne1t1y shcked. Much of the 1re. tn the blck hu been clelfted. Nr . T19Ue usured the lo1rd th1t he would personAlly supervise the prop - erty lftd th1t it would not be 1110Wed to f11l into such 1 condition at~fn. He t!OUld 1lso continue to wort to see th1t ft fs brought fully Into CCIIIpl f~nce. Tires hne been stAcked or ~ved . He noted thlt hfs - toricllly this Property hid been 1 rep1tr service even before tt w1s An - nexed fnto the City . The zoning line runs through the building, wfth th front of the Property i n 1 8 -2 zone lnd the re1r in In R-2-C. He u f d th1t Mr . Kurtz is not F'ellly ruMtng 1 wrecking Ylrd, but ts rebufldtng urs, 1ftd is ukfng progress ta..1rd ~ttng the requtr ts of the Code Enforcaent Off1cer . Ms . ltghth11l shtld . Kurtz hid been IWire of the requtre.ents . Hts attorney tn 1113 ld assured the Cfty th1t Nr . Kurtz uld not dis.&ntle v fcles outside, lnd t s u been done; t fence h not In ca.p1t~nce wtt t ag t , t fire l1ne should not have been perw tted to be bloc ed . I . Gerald Capesius 2350 West Warren • • - was sworn in for testi.any. He said he had opposed the agree.ent in 1983 because he thought the property would turn into a junk yard, and it has. There are truck$ being junked, and the junk has been stored on neighbor- ing property. There is no legal access to the lot except fro. Evans, but Mr. Kurtz has been going across neighboring property. The business is noisy and .ators a r e running at all hours of the day and night. Dogs esc~ through the fence and have killed pets and neighbors are concerned about their children. Road testing of trucks has been carried on in the neighborhood even though the trucks have no licenses or lights. Mr. Capesius said Mr. Kurtz is running a junk yard, and it is not confined to the building. He said he is opposed to any continuation since every rule has been broken. Cary Strauss 3385 West Powers Circle was sworn in for testi110ny . He stated he h the owner of ASZ truck parts, a legal wrecking yard. He and 8 other owners of legal wrecking yards were present. He said that Mr. Kurtz uintains the facade of a repair service, but h really a wrecking yard in COIIpetitfon with the legal wrecking yards in the City. The wrecking yards are required to obtain licenses, acqu ire at leut an acre of land, and to keep their property in a neat condition. This h costly, and they should not be forced to be in C.OIIpetit on with businesses fch do not have to 11eet these standards. Repafr shops should r in repair shops and wrecking yards should be wrec ing yards. Mart Apodaca Zl51 st Warren was sworn in for testl110ny. He stated he ltv s across the field froa Mr. Kurtz's property. He testif ed that he has to fight rats, the dogs a · rass hts pets and t entire ne 9 borhood Is afraid for the ch ldren. It h not a a 1 thy t ro.ent . He had ta llted to Mr . Kurtz 3 years before And gott 1 tltle resp0ns . . urtz u definitely, tn h s optnfon, affecting the quahty of life for t ne ghbors. He nfd e had con · tacted t e dog warden, but as not a of an agency to call about ra s . • • • I • • • right here in yellow and black. It's there. That's really all I have to bring up. It's here, it's in print . You can't deny that they're operat- ing a wrecking yard. When you sell used cars, it's a wrecking yard, sal - vage yard, junk yard, used parts yard, whatever description or clas-sification you want to call it.• The Secretary asked that the Yellow Pages be subllitted as an Exhibit. Mr. Stengel said he •ight need it. It was agreed that the City would copy the info~tion froa its own Yellow Pages. There were no other speakers who asked to speak against the continuance. Mrs. Roaans said Planning had been responsible for Code Enforce.ent only since the first of May . Notices have been given in the past, but have not been properly enforced. There has been a lack of ca..unication. She stated that notice has now been given, and the owner and lessee need .ore ti~ to co.ply. Continual inspection w;11 be provided at least .anthly. Mr. Tague will also inspect the property. The use will becoae a good neighbor. In response to a question froa Ms. Shaffer, Mrs. Roaans said she would check to see if Mr. Kurtz has a sales tax license . After Mr. Welker asked about the dogs, the fence, and the east gate, Mrs. Roaans said that Mr. Kurtz believed he hid pen~ission to access through the gate. The fire lane has been cleared, and the gate will not be used in the future. The ani.al control officers have gtven notices about the dogs. Mr. T-eue said the gate will be locked and egress wtll be only through the fire lane. He said he had only seen one dog which was very friendly . He said rats don't live in Mta1 and the field .ay be harboring the rats . Mrs . Dunn asked re the dogs are kept during the day. Joyce Parsons Code Etlforc .. nt Off cer •s S.Ont n for test i.any. She stlted that Mr . urtz has a bus ness 1 tcense and can ch arge and pay taxes thf'OIIgh that . He does not have a dealer lke~~se or a wreck ng ltcense . A dealer's license would be re - quired U he h selling the refurbished vehicles. She said t ,.. are at ltast three dogs kept on the preaists . One belongs to Mr . Kurtz 's son. Tiley do go across the field . Rats are attracted by dog feces and dog food ..,t outdoors . There Is no agency n t C ty ch w 11 deal with nts . -• • - jail sentence, or the City could take the •atter to District Court to obtain an order for the City to clear the property at the owner 's expense. Ms . Shaffer asked if the size of the lot would perait a wrecking yard, and she •as told it is not that large. Mr. Tague said that given ti~. Mr. Kurtz will ca.ply •ith the agre~nt. Mr . Welker asked if the proposal •as to take evidence now and postpone the decision. Mrs. Roaans said that •as the proposal . Roger Bunyard 2480 South Raritan -as sworn in for testi~y. He said that this is only the first of many proble.s that the City •ill see if this proposal is accepted . He said other people •ant to obtain s.all pieces of property to operate as junk yards •ith half the overhead that legal junk yards have. He noted that he 1s required to pay insurance and obtain licenses. He •arned that others •ill ca. in and clai• to be repair shops and would really be parts and wrecking lots. Dennis kelley 2393 West Warren was s.orn in for testi.any. He said that if Mr. Kurtz uses five vehicles to uke two, -at does he do •ith the other three . He said it see.ect to hi• that those three vehicles put Mr . Kurtz in ca.petitton •ith the other junk yard dealers. He doubted that they -.re all shredded, especially if there -.re reuseatle parts . He noted that Mr . Kurtz had clat• he would have only trucks and 4 -lllheel drive vehicles, but he has expanded . Mr . kelley utd he believes Mr . Tague, but questions Mr . Kurtz o has broken the agreaent fro-the day it •as signed. There be ng no other persons • •hhed to address the Board of Adjust.nt af'(l Appeals, the Chatraan closed the publ ic hearing . 80MD £R SEYMOUR tm£0 TKAT THE BOARD FINO THAT THE ACREOOT RATIFIED B TH£ 8QMD Of AOJUS NT AND APP£Al.S ON SEPTDIIER 14, 1983, BETV£01 S. TA&U , ... ICUATZ MD TH CIT OF E LEWOOO HAD NOT BEEN BROKEN, MD COULD CONTI E IN EFFECT . loard r Dunn 5 oncMcl t e 110t on . • • • Ms. George s1id she h1d voted •no• bec1use Mr. Kurtz h1s not met the 1gree11ent . Ms. lighth1ll Slid she voted "no• bec1use there 1re not proper licenses, Mr. Kurtz is using 1n illeg1l g1te 1nd is advertising th1t he sells used p1rts; the operation is hanaful to the neighbors and ca.petitors object to the con- tinuance of the agree.ent. Ms. Dunn concurred with the other ..t>ers, uying the 1gree~~ent h1d been broken by Mr. Kurtz . Ms. Shaffer concurred with Ms. lighth1ll. Mr. Walclun voted •no• bued on the rules of the Board which penait no 1dverse effect on the neighbors, and Mr . Kurtz had had 1 bad effect on the neighborhood . Mr. Welker uid that despite the City and Mr. hgue he hid voted •no•. He utd he did not believe it is the City's responsibility to enforce the ~ree.nt . When the votes were displAyed, all seven .-,.rs had voted in the negative, and the Chair~~~n ruled the ~g,....nt hid been broken. It wu noted that there is 1 30 day appeal period, and Mr . lker suggested th1t Mr. T~gue work with the City to SH whit steps were open to hia . A recess was declared at 10 :00 P·•· The .. ttnt reconvened at 10 :10 p.a . w t t s-persons present . The Chat,... opeMd t ,..lit Monte Sanders, Jr . and Carol A. The ChAiraan stat had p f staff ident fy t st . • • ,. • idea, but believes there is a need for the service and a need for hard - to-get parts . He emphasized that this is not general salvage, but would specialize in antique Mustangs. When he learned that he needed 1.5 acres, he did acquire .are land, up to the present ~unt of about 29,300 square feet. He said his business would be an addition to the Engle - wood's aut~tive ca.unity, and his business is compatible with the zoning and the neighborhood. He would properly fence the land with a cedar fence which would be attractive. If the Board required he would refuse any work that was not on Mustangs. He agreed to landscape . He noted there is no residential use nearby; it is an industrial area . Mr . Sanders e.phas i zed that Mustangs are bec011i ng rare. He hoped to pro - vide a service to people who like Mustangs and he is unable to buy enough land to ~et the ordinance, because there i s no .are land available at th i s ti~. He expects between 15 and 25 cars to be stored on the proper - ty at any t i~. He sa i d he would .astly work outdoors. There were no further speaker s i n favor of the variance . The Cha i n~an as ked if anyone wished to s peak i n oppos i t i on to the variance . Cary Strauss ret urned t o s pea k. He sa i d that "par ts are part s and junk yard s are j unk yard s. • He repeat ed that he has to c011pl y wi th str i ct requ i r -nts ..0. by the Ci t y. If other people do not have to co.p ly wi th t hose re-qui~nts, they have an unf a tr adva ntag e. Denver doe s pe r.i t wrecking yards on sull lots and they have •any pro bl Ms wh ich Englewood has avoided . He s aid Mr . Sanders shoul d fi nd a si t e wi th enough l and if he wishes to run a wrecking yard . He e.phasl zed that he fs not t rying to cut ca.petttion, but to hav e everyone pl ay by t he s~ rules . Don Br aun 1131 st Harvard wa s s rn In for testi.any . He stated that ff the vari ance is granted, he wtll co. before t Board to speci alize tn Hondas . He applied for a var ance after the C ty too part of h s land for rtg t -of-way and ft was d sco red that d i d not have enough land to have a king yard . His appl cat on for a ar l an e was turned d . He sa d he ld be back befor the Board to qu es t a var an ·e f f this variance i s passed . c n t . tt • c1 I • • • BOARD MEMBER WALDMAN MOVED THAT MONTE SANDERS, JR. AND CAROL A. WHITE BE GRAN- TED A VARIANCE FOR PROPERTY LOCATED AT 2970 SOUTH TEJON STREET. THIS REQUEST IS FOR A VARIANCE FROM SECTION 16 -4-14 B 9 OF THE COMPREHENSIVE ZONING OR - DINANCE, WHICH SECTION REQUIRES A MINIMUM LOT AREA OF ONE AND ONE-HALF ACRES (65,340 SQUARE FEET) FOR AN AUTOMOBILE WRECKING YARD BUSINESS. THE APPLICANT REQUESTS A VARIANCE TO THE MINIMUM AREA OF ONE AND ONE-HALF ACRES, IN ORDER TO OPERATE AN AUTOMOBILE SALVAGE PARTS BUSINESS ON A SITE WHICH CONTAINS APPROXI -MATELY 29,300 SQUARE FEET. BoArd Metlber Dunn seconded the motion. The -..bers locked in their votes and gave their findings as follows: Mr. Se~ur said he had voted against the variance because the applicant had less than 45S of the required land. Ms. George said the applicant had not .. t any of the requirements for granting a variance, and she had voted against the .ation. Ms. Lighthall said she had voted against the variance, but hoped the applicant would be able to acquire .are land . Ms. Dunn said the variance is too large, and she had voted against it. Ms . Shaffer concurred . Mr . Waldaan said he had voted against the .atton because there was not suffi - cient reason to grant a variance and the request was not a •tnt~ variance . Mr . Welker said the appli can t had good intentions but gnnting the variance would not be just to other wrecking yard «*Mrs. In add i tion the ordinance would be d .. ged if such a large variance were granted . When the votes were dtsp11Yed all seven -..bers had voted against the .ation, and the Ch a ln~&n ruled the variance wu dented , and the appl tcant .ust •et all codes . T Chair.&n opened the public heartng for Case 116 -89, SIYing he had proof of posting and publtcatton . asked that th staff td nttfy the request . to ld zo • I . • • • 20' garage on the west side of the house. The plans show it pushed back as far as possible, since the location of the garage is limited by bed- roo. windows, 1 patio and a tree. This is the only side of the property large enough for the two car garage. He said the style and siding would .atch the existing house. He presented a rendering showing the house as it would appear with the gange. He said they would no longer use the single-car garage, and the old driveway would be removed and landscaped. Mr. larson said that his clients had been told by the previous owner that the setbacks were only 5 feet on the side, and that is what the covenants of the neighborhood require. They were not aware that the City would have requtre.ents different fro~ the covenants. The owners are both nur- ses and work late at night. They need security and wanath. Because they are subject to e.ergency calls, they cannot spend the t1.a scraping ice fr~ windshields. He presented letters stating the need for e.ploYMent and quick response ti.a. Mr. larson said that Ms . Hoffberger has de- generative arthritis and the present access requires cli~ing 1 flight of stairs. The new garage will not have stairs. There are no other loca- tions on this lot that would be suitable for a two car garage. Mr. larson said neighbors have been consulted and this project discussed. He noted that this h~ was built before the present zoning ordinance was passed, and .. ny existing setbacks are short. He presented seven letters fro. neighbors who would be affected by the varhnce. He also presented 1 letter fr~ 1 Rul Eshte Broker stating that It 1s better for the value of the property to hue 1 two cn garage . Mr . larson u id the neighbors to the west would not be able to see the addition because of the landscaping which goes out to the sidewalk which would not be raoved . The addition will not affect the vision of persons on the street, because the landscaping already cuts it off . He noted that a 20 ' x 20 ' garage Is of •lni .. l size for 1 two car garage, and If the variance Is not approved, the owners will hav to sell the ho.e and ~ve . They .ust have security to be able to respond to e..rgenctes In the •tddle of the night, and this vniance s s a 511111 thing to give to people o serve other people . Ms . Lighthall s a id s 11 front yard are ca..on In this unique neighbor - hood . Mr . larson sa d the dev lo r h d apparently set his own I"Ules , and built a n1c n ghborhood . T Cha t n as ed re ot r var an c . 1 • I . • • • 1s an emergency; it would be hard to scrape windows and start cars . There are other neighboring homes which do not meet the setback require - ments. The side yard setback would be only two feet less than the re - quired seven feet, and the front yard is only five feet less than the required twenty five feet, and that is only at one corner of the garage. This will not be very noticeable fr0111 the street or the neighbors ' houses. She said the neighborhood needs two car garages, the value of the ha.e will be increased, and this home will be similar to many homes already in the neighborhood. There were no further speakers in favor of the variance. The Chairman asked if there were any speakers opposed to granting the variance. Wade Gateley, Representative for Ross and Peisha Cr.wford of 1420 East Cornell Avenue was sworn in for testi.any. He stated that the Crawfords had a long time previous enga~nt and asked hi• to attend the .. eting on their behalf. They live next door to the subject property and are concerned that a garage so close to their ha.e would li•it air circulation and light. The trees will have to be tri..ed to acco.odate the garage. Their .aster bedroo. is right next to the proposed garage and they will be exposed to all the noise of late night traffic described by Mr. larson . It 1s the opinion of Ross Real Estate that the Crawfords ' property will be devalued by the addition of a garage so close to their ho.e. Relaxing standards will open the door for si•ilar situations. He su~itted a letter of op - position signed by 10 individuals wtlo want to kHp the neighborhood attractive . Mr . Gateley said there is not really a necessity for a two car garage . The property already contains one garage , wtly not put another one -car gar.,e on the other side which would be saaller . Or, he suggested a saaller garag of 11 ' x 11 ' whtch would not tntrude into the side yard setback and could be set back a 1 tttle further so it could .. t the frot~t yard setback requh·-nt . The tree and patto could be r1110ved or •ved , and sk,ylights could be added to t bedroo. • • H • • • • setbacks. She stated her opinion that drivers turning west off of Franklin would not be able to see oncoming traffic as well if the garage is added. The new owners shou 1 d have recognized the prob 1 em when they bought the house. She asked that the neighborhood and its atmosphere be preserved. Ms. Lighthall noted that the owners said they had been misinformed. Dan Peyton 1421 East Cornell Place was sworn In for testimony. He said he objected to granting the variance because he bought in the neighborhood because of its unique at.asphere. He said he feels safe in the neighborhood and .ast of the inhabitants contribute to the welfare of society and also have odd hours. He said he believed the garage would adversely affect the neighborhood. He said he looked in .any neighborhoods before buying his ho.e and jutting additions .ake a jarring i~ression. He asked that the Board not set a bad prece - dent. He said that the new neighbors would be welco.ed to the neighbor - hood, however, regardless of the Board's decision. In response to a co.- .. nt fro. Ms. Lighthall and Mr. WalO..n, Mr. Peyton said that the street curve would exaggerate the protrusion of the garage. Linda Willis lSOO East Cornell Avenue was sworn in for testi.any. She stated that she lives directly to the east of the property and agrees with Mr . Peyton . Her view will be a brick wall and concrete . The trees will probably be killed. If people keep tacking on to the houses, the neighborhood will no longer be beautiful. There were no further speak rs tn opposition . He ich car I • • • BOARD MEMBER SEYMOUR MOVED IN CASE 116-89 THAT A VARIANCE BE GRANTED FOR PROP - ERTY LOCATED AT 1430 EAST CORNELL AVENUE, WHICH WOULD BE A VARIANCE TO SECTION 16-4-2 M 1 b AND c OF THE 1985 ENGLEWOOD MUNICIPAL COD£, IN ORDER TO CONSTRUCT A TVO-CAR GARAGE ADJOINING THE NORTHWEST CORNER OF THE EXISTING HOUSE. SEC - TION 16-4-2 M 2 b ESTABLISHES THE MINUIJM FRONT SETBACK FOR A GARAGE AT 25 FEET IN THE R-1-A SINGLE-FAMILY RESIDENCE ZONE DISTRICT. SECTION 16-4-2 M 1 c ESTABLISHES THE MINIMUM SIDE YARD SETBACK AT 7 FEET IN THE R-1-A, SINGLE -FAMILY RESIDENCE ZONE DISTRICT. Board Metlber Waldllan seconded the 110tton. The -..bers locked in their votes and gave their findings as follows: Mr. Se~ur utd there wu a hardship and the five conditions necessary to grant a variance had been .. t. He, therefore, voted "yes.• Ms. George said that the five conditions had been .. t and the variance would not d ... ge the neighborhood, so she voted for the vuhnce. Ms. Lighthall said the owners had a probl .. and the variance afforded •tnt~ relief. Ms. Dunn abshtned because she hu been acquainted with the owners for •any years. Ms . Shaffer said she had voted for the variance because It Is •tntaal. Mr. Waldaan utd the shape of the building and property do not allow any other relief; the request is not outrageous and the variance is very saall . He said he had voted for the variance . Mr. Welker utd the character of the netghborttood lies tn Its variety . Dt.f - ferences 1 n setback are c._, and no adverse effect wt 11 be felt by the netghborttood . He said he hid voted for the variance. When the votes wre displayed, sfx --.rs hid voted In favor of the 110tton, and one lltllbtr (Ms . Dunn) hid abstained . The Chat,_n called for a recess at IZ :30 a ... The ... ung reconv ned at 1Z :35 a .•. with th s pe r sons present . 0 • I . I • • - was sworn in for testimony. She stated that she had moved into the house six years before and had been aware of sa.e traffic noise which she com- bated by keeping her windows closed and not entertaining outside. In the last two or three years traffic has increased substantially, she has mar- ried, and she and her husband would like to have the house open and to use the patio. She said that they have planted trees to muffle sound, but they grow slowly. A fence would protect the• fro. sa.e of the noise of the traffic. She said the fence would be about 14 feet from the side - walk and would not present a proble• to traffic . If her house faced the other direction the fence would be pe~itted. She said they would be lOving fro. the house if the noise probl .. cannot be solved. Ms. Lighthall said that because of the rising hill on the property the privacy fence would appear to be .uch higher than it is. In addition, in her opinion privacy fences are ugly unless an effort 1s Rde to create variety. Mr . Sey.our agreed. There were no further questions. The Chairun asked tf there were other speakers for or against the variance. E111 s McCain 4061 South Cherokee was sworn tn for testt.any. He stated that with the situation as It now exists it ts difficult to see children and traffic. There is already a hedge on the north end of the alley that obstructs the view at Nassau so he is forced to exit the alley on Oxford. He uid that tf the fence is back 16 feet, tt should •ake it possible to see onco.ing traffic . Eugene Pixler 4015 South Cherokee wu sworn tn for testi.any. He stated that he qreed with Mr. McCain that the only probl .. would be children and traffic. He noted that be - hind the applicant is a hill, and vision is bed at the other end of tbe alley . He co.platned that the alley is overvrown and Ms . Lighthall sug - gested contacting the Code Enforc ... nt Dtvtsfon . Ms. Re n returned to speak. She stated there are privacy fences along Oxford. She said the fence uld be back fro. Delaware . She has only an 8 foot backyard, and there h n«*ftere else for patio 1 tvtng on the lot . Sh a.phulztd that the nols fro. Oxford has beca.e Intolerable . ld •••• the Board . The Chat run ton and asked that th Staff taff h d no furth t lr ndtng IS foll tly t c ld I -• • • Ms. Shaffer utd she had voted for the variance because she hu lived on a busy street and the fence would not be a detrt .. nt to the neighborhood . Mr. Waldun satd he had voted agatnst the variance because stx feet ts too htgh for the fence at thts location, and ts not necessary for reltef. Mr. Welker agreed there are other alternatives whtch he encouraged the appli-cant to consider. When the votes wre displayed 1 --.r had voted for the varhnce and 6 had voted against tt. The Chatnaan declared the variance dented. DIRECTOR'S CHOICE. Mrs. Roluns announced that the Secretary had accepted another posttton and this IIIOUld be her last .. ttng wtth the Board of Adjust.ent. The .. ttng adjourned at 1:00 a .•• . l . I . • • • ENGLEWOOD LIQUOR LICENSING AUTHORITY Sept .. ber 20, 1989 9 B The regular meeting of the Englewood licensing Authority was called to order by Chairman Styes at 7:47 p.m. Present: Such, Boardman, Styes Absent: Waddell, Lunders Also present : Assistant City Attorney Grimm City Clerk Crow Deputy City Clerk Ellis A quorum was present. • • • • • Patricia Crow, City Clerk, adm~nistered Oaths of Office to Authority members Such, BoarO.an, and Styes. • • • • • MPIU IOAIDIWI MOVED, NEMIEl SUCH SECOIIDED, TO AHIOYt THE TELEPHONE POLL WHICH MAS tOIIIUCTED IN LIEU OF THE lEIULAl NEETI. SEPTEMEl 6, 1119. Ayes: Nays : Abstain: Absent: Motion carried. Boaro.&n, Styes None Such Waddell, Lunders • • • • • Chain.an Styes opened the Hearing for the Special Ev Catholic Church, 3310 SouthS ,..n . There was no ssuance of the Special Ev nt P n.it . linda ndel pres nt . t Pen.tt for St. Lou s present opposing the • J.-boree Cha1,..n, wa s I • • • • • • • • The Authority r ece i ved the application for a Fermented Halt Beverage (3.ZI Beer) Off-premise license for The Southland Corporation dba 7-Eleven Store IZ9508, 3131 South Broadway. Representing the applicant were David Bushnell, area manager, and Ken Tripp. They responded to questions from the Authority. MEMBER BOARDIIAH MOVED, MEMBER SUCH SECONDED, TO SET THE PUBLIC HEARING FOR SOUTHLAND CORPORATION DBA 7-ELEVEM, 3131 SOUTH BROADWAY, FOR NOVEMBER 1, 1989 AT 8:00 P.M. AND TO SET THE PETITIONING BOUNDARIES AS YALE AVENUE ON THE NORTH, MANSFIELD AVENUE ON THE SOUTH, SANTA FE DRIVE ON THE WEST, AND DOWNING STREET ON THE EAST. Ayes : Nays: Absta in: Ab sent: Mot i on carr ied . Such , Board man, Styes None Non e Waddell, lunders • •••• MEMER SUCH MOVED, MOllER 10AR1NN SE:COII)(D, TO APPROVE THE RENEWALS FOR EL IIIADEROS, 45t5 SOUTH SANTA FE, MD DIMOII) SHMIOCIC, 2000 WEST EVANS . Ayes : Nays: Abstain : Absent: Such, Boara.&n, Styes None None Wa ddell, lunders Motion carried . • * * * * The Authority received the appltcatton for Modific ation of Pre.tse for M R H Inc . db a Ha.pden st, 3517 South Elati Street. Kat hleen Harrison, President and .. nager of M R H Inc ., was present and responded to questions regarding the proposed .adiftc atton . fiEMO SUCH IIOVED, S£CCMI»ED, TO APNOVE THl laUFICATI • Of PIOUS£ FOI fl I M IIC . DIA 1tW00 WST, 3517 SOUTN WTI STUET. Ay s : "· s '1 s ys : Abst.Ufl : Ab fl l ton urr • * I . • • • MEMBER SUCH MOVED, MEMBER BOARDMAN SECONDED, TO OPEN THE PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A FERMENTED MALT BEVERAGE (3 .~ BEER) OFF-PREMISE LICENSE FOR TEXACO OF COLORADO INC. DBA TEXACO OF COLORADO INC., STORE 1038, 5095 SOUTH FEDERAL BOULEVARD. Ayes: Nays: Abstain : Absent : Motion carried . Roll was called. Such, Boardman, Styes None None Waddell, lunders Present: Such , Boardman, Styes Absent : Waddell, lunders A qu oru m was pr es ent . The following exhibits were entered into the reco rd by the De puty City Clerk: 1. City Exhibit A-Application and all supporting documents 2. City Exhibit B -Publisher's aff idavit 3. City Exhibit C -Map outlining the designated boundaries, proposed site and existing similar outlets The Deputy City Clerk stated that one written protest to the issuance of this license had been received from Mike Henley, 3168 West Chenango Avenue. Representing the applicant was Alan Dill, of Dill l Dill, Supreme Court No. 872. Abdul Aryan, owner of Stone Creek Cafe, 5075 South Federal, residing at 2931 West Centennial Drive B211, was called as a witness and duly sworn. Mr. Aryan testtfied that both hts residence and business were located in the petitioning area, both bttng i-..dtately adjacent to the Texaco station. He was of the opinion that the needs and desires of the neighborhood were not currently bttng met and that he was desirous that the application bt approved. Mtke Henley, 3168 West Chenango Avenue, was duly sworn. He questioned Mr. Aryan as to the reason he felt there was a need for another 3 .2 outlet in the area . a to th surv y results of th pplfcant and th proc ur t y t t t ns , I . • • • Mr. Henley questioned Mr. Scott regarding the procedure followed by the circulator in obtaining the signatures and they discussed the number of people in the petitioning area. Mr. Scott stated that there were approximately 3400 residents; about 1700 to 1800 would be considered parties of interest. laurie Miller lane, 5401 South Federal Circle, was called as a witness and duly sworn. She was of the opinion that the needs and desires of the neighborhood were not currently being met and that the application should be approved. Mr. Henley questioned Ms. lane as to why the other 3.2 outlets in the area would not serve her needs. Ms. Lane reiterated her position. Dryden Broyles, 4537 South lowell Boulevard, and Sandra Rimbey, 4128 West Chenango, were called as witnesses and duly sworn. Both testified that they were customers of Texaco and felt that the needs and desires of the neighborhood were not now being met and the application should be approved. There testimony was heard, but it was noted for the record that both Mr. Broyles and Ms. Rimbey resided outside of the petitioning area. James R. Schaaf, Denver area manager for Texaco of Colorado Inc., was called as a witness and duly sworn. He explained the required training progra• for all employees of Texaco involved in the sale of 3.21 beer, and the precaut ions they take to insure adherence to the Beer Code. Mr . Schaaf responded to questions from Mr. Dill, the Authority and Mr . Henley regarding the operation of the convenience store. The Texaco Alcoholic Beverage Policy, sa~les of tests employees are required to pass and a brochure entitled "1.0. Please, It's~ Job" (A Responsible Alcohol Retailing PrograM), were entered into the record as Applicant Exhibit B. Wanda Hays, •anager of pre.ise for Texaco, 5095 South Federal Boulevard, was called as a witness and duly sworn. "s. Hays responded to questions f~ the Authority . She stated she had previously owned and operated a.restaurant/bar, had never received a warning, notice or violation and is very fa.iliar with the liquor and Beer Code. Affidavit and Proof of Posting, .. rked Applicant Exhibtt C, was entered into the record. Chainnan Styes called for anyon in protest of the app lication. • • • I . • • • Protestor Exhibit I, notarized statement affirming that Mike Henley was the only individual who collected the petition signatures and the times he conducted the petitioning; Protestor Exhibits II, III, and IV the petitions; and Protestor Exhibit V, letter to members of the Englewood liquor licensing Authority stating Mr. Henley's opposition to the issuance of this license, were entered into the record. Mr. Henley responded to questions from the Authority. He stated that he does not consume alcohol. Petitioning instructions, as provided by the City Clerk's Office, was entered into the record as Applicant Exhibit D, per Mr. Dill's request. Mr . Dill did not object to the protestor's petitions. Chairman Styes noted that the Authority would attach the "appropriate weight" to all of the petitions offered as evidence. Chair.an Styes aga i n called for anyone in protest of the application. There was no one else . The Autho ri ty rece s sed in to Execut i ve Sess i on at 10 :03 p.m. The publ i c hearing reconvened at 10 :40 p.m. Rol l wa s called: Prese nt : Suc h, Boardaa n, Sty es Ab sen t : Wa ddell, lunde rs A quor u. was pr ese nt . 1010 SUCH MOVED, ..U.El ICMMIIWI S(CCIII)O, THAT IASO &IICII ALL OF THE EYIDUICE PUSDITED Ill THIS CAS( IY ALL SillS, THIS AUTaln nes THAT THE NEEDS All) D£SIUS Of" THE 11£1-ME IIOT _, lEI. lilT All) THE APPLIED FOI 3 .2 IEEI LICOISE SHOULD IE IUIITED . Ch a inaan St yes called for any further discussion. There was none. Ayes: Nays : Abstain : Absent : Such, Styes 8oardaan Non add 11, lullders T 10tfon carrftd and t Ayes : ays : Abstain : Abs nl : 1on earr td . • • s • pprovtd . IC -• • • MEMBER BOARDMAN MOVED, MEMBER SUCH SECONDED, TO APPROVE THE MANAGER REGISTRATION FOR KEVIN JAY STEELE, SAFEWAY STORE 1017, 201 EAST JEFFERSON. Ayes: Nays: Abstain: Absent: Motion carried. Such, Boardman, Styes None None Waddell, lunders * * * * * The Authority discussed the policy of registering •anagers of the 3.21 outlets. It was determined that the City Clerk's Office should discuss the issue with the Police Depart .. nt and the Authority would continue this discussion at their next .. eting. * * * * * 10:50 p .•• I . • • • ENGLEWOOD LIQUOR LICENSING AUTHORITY TELEPHONE POll RESULTS IN LIEU OF REGULAR MEETING SEPTEMBER 6, 1989 On September 6, 1989, the members of the liquor licensing Authority were polled by the Deputy City Clerk concerning items listed on the September 6, 19B9 agenda with the following results: 1(a) Minutes of regular meeting August Z, 1989: Ayes: Waddell, Boardman, lunders, Styes Nays: None Abstain: Such Minutes approved. Z(a) Telephone survey August 8, 1989 regarding petitioning: Ayes: Waddell, Board•an, lunders, Styes 3(a) Nays: None Abstain: Such Survey approved. Change of Corporate Structure for ShowBiz Pizza Place, 1001 West Hlllpden Avenue ~ Ayes: Waddell, Board.an, lunders, Styes Nays : None Abstain : Such Change of Corporate Structure approved. 4(a)-(d) Renewals: 5(a)-(d) (a) Full House, 4Z7Z South Broadway (b) Vickers, 4596 South Broadway (c) Thorobred liquors, 5050 South Federal (d) 7-Ele ven . 1277 East Ha.pden Ayes : Waddell, Boa~n. lunders, Styes Nays : None Abstain: Such Renewals approved. • I . -• • • 9 c D R A F T CITY OF ENGLEWOOD PLAIIIIN6 AND ZONING COIIIISSION SEPTEMBER 19, 1989 1. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Vice-Chainaan Fish at 7:00 P. M. Me.Oers present: Becker, Carson, Gerlick, Fish, Hogue, Schultz, Tobin Wanush, Ex-officio Me~ers absent : None Also present: D. A. Ro.ans, Assistant Director of Ca..unity Development II. APPROVAL OF MINUTES August 22, 1989 Vice -Chairaan Fish stated that the Minutes of August 22 , 1989 were to be con -si dered for approval . Carson 110ved : Tobin seconded : The Minutes of August 22, 1989 be approved as wr i tten . AYES : Car son, Gerlick , Fish, Hogue, Schultz,Tobtn , Becker NAYS : None ABSENT : None ABST AIN : None The 110tt on carr ied . Ill. ELECTION OF CHAIRMAN Mr. Fish stated that with the resign ation of Mr. Volke.., tt beca.es necessary to elect 1 new Chalraan for t he r..ainder of the year. Mrs . Bee er u ed how long It will be before n th t vacancte on th Co..tsston . Mrs . n c ssary to elect 1 Chafraan at thts t con ttnu • Discussion ensued . r . f1sh op ned the floor for na-tnattons for Chat n. Carson noalnattd Mr . Schultz as Chalnaan . n lnatton . M • Schultt ncM~Inattd rllck u Chatnaan . n tnatton . Schultz d ll~ttd th • Cer on ondtd th I . • • • Hr. Fish asked if there were further nominations. No further nominations for Chairman were forthcoming. Becker moved : Carson seconded: Nominations be closed, and Mr. Gerlick be elected Chairman by acclamation. AYES: Carson, Becker, Tobin, Schultz, Hogue, Fish, Gerlick NAYS: None ABSENT: None ABSTAIN: None The motion carried. Hr. Fish turned the meeting over to Chairman Gerlick . IV. STATE HIGHWAY WORK PROGRAM 1990-1991 Mr. Gerlick asked for staff discussion on this issue. Mrs. Ra.ans stated that each Fall, all municipalities of the State submit re- quests for Highway Work Projects for the ensuing year. These requests are submitted through the County jurisdictions, who in turn subnlit the requests for their counties to the State Highway Co..lssion for deten~ination of fund - Ing and inclusion in the work progra•. Mrs. R011ans stated that as a rule, municipalities are given three or four weeks to get the requests together, and to get approval by the Planning Co..issions and City Councils prior to sub.is - sion to the County. However, this was not the case this year. To .. et the deadline for sub. iss ton to the County, staff worked in conjunct ton with the Oepart~~ent of Public Works and the City Manager and c011ptled the 1 ist of re - quests for i~rov ... nts to the streets and intersections in the City of En - glewood. Copies of the infor.atton is being sub.itttd to the Planning C ls - slon and to City Council after the fact only because of the subMission dead - line set by Arapahoe County . Mrs . Ro.ans re I d the requests sublltted by staff, and pointed out that the ajorlty of th r qu sts art repeat r qu sts that have not been funded by th State pr viously . Tht prl ary thrust of requ sts for iii!Prov n center on Santa Fe Or i l l e i Avenu , and U.S. 285 . I • • • Mrs. Romans stated that a Public Meeting is scheduled on improvements to the West Union Avenue/South Santa Fe Drive intersection on October 5, 1989, which will be held at Sinclair Middle School. The general public is invited to attend. Mr. Gerlick inquired about the relocation of the railroad tracks; are they being moved to facilitate the widening and improvement of South Santa Fe. Mr. Wanush stated that the State Highway Department is beginning work at Dartmouth Avenue, and the work at Oxford Avenue will be the same as that at Dartmouth. The streets the11sel ves (Dart110uth and Oxford) will be depressed under the railroad tracks. Mr. Wanush stated that he had not seen the plans, and could not give a definitive answer on the relocation of the tracks. Mr. Carson discussed the funds that were diverted from the Santa Fe improve- ment fund to finance C-470; he stated that he had talked to State Senator Con- sidine, and was told that these funds had been returned to the fund from which they were taken. Discussion ensued. Mrs. Romans discussed the projects included in the Federal Urban System, which referrals are subllitted to the Denver Regional Council of Governments, and then presented to the Highway Ca..ission . Again, these are repeat requests, and include such ite~~s as extension of bicycle trails, street widening and landscaping, widening of the Bridge over Big Dry Creek, and construction of sidewalks. Mr. Schultz questioned the possibility of the City partic i pat ing in the fund · ing of sa.e of the proj ects; would this assure the inclusion of those projects in a work progr .. in the not too distant future . "r . Wa nush stated that any ti.a a jurisdiction Indicates a willingness to share In the financial respon - sibility, the State h willing to discuss the utter . This y or ay not advance to plac ... nt of the project in the wor progra.. "r . Hogue asked what the State Is doing at U.S. ~15 and Santa ft Drive. "r . Schultz agreed that there ts so.e type of r go ng on at th bridg area . Mr . Wanush stated that the staff wtll att t to d t n~tn s fng done, and report back to tht Ca..lsslon at t ne t t ng . Mrs . R~ns stated that th s s an t on th ag nda . phced • • • Mr. Wanush stated that City Council has designated members who are interested in serving on the Transportation Committee and on the Waste Management Commit- tee. He suggested that the members of the Commission who are also designated to sit on those committees, give some alternate dates and times that would be convenient for an initial Meeting. Mr. Fish asked if there was need for some media coverage to request general public part ici pat ion on these committees. Mr. Wanush suggested that the initial meeting be only with the members of the Commission and Council and that they should detenaine how to proceed. Mr. Fish stated that after the last meeting, he wasn't sure whether the com- mittees working on the sections of the Comprehensive Plan would be doing re- writing, or research. He pointed out that there are other areas of the Plan that also need to be reviewed. Mrs. Becker stated that in her opinion, what the co..ittees will be doing in studying these three issues (Transportation, Housing, and Waste Manag..ent) will be to ca.pile a document or report which will fit into the Ca.prehensive Plan. The r.-aining sections of the Plan can then be considered tn depth by special ca..ittees, and the end result will be that the total Plan will be revised with concentrated effort devoted to each section . Discussion ensued. Mr. Schultz suggested that It should be made a mission of the special co..ittees that the work they do on these three issues •ust fit into the Co.prehensive Plan so that when the work of the special com- •lttee is co.pleted, that particular section of the Plan is done. Mr . Fish stated that he had envisioned a very skeletal outline of the Plan, which would be fleshed out over a period of tiM . The final Plan would de - velop with the growth and co.pletton of the outline. Discussion ensued . Mr . Wanush stated that he would prepare such an outline of the proposed Co.- prehens i ve Plan for the next .. ettng . Ms . Tobin suggested that the Housing Task Force .. Y be advocating a change in square footage and setback requir ... nts . She asked if this would bt included in the Co.prehensive Plan . Mr . Wanush stated that it could be included in a pol i cy stat nt but the actual requir ... nts would bt incorporated in the Co.· prehen sl ve Zoning Ordinance . VI. PUIUC FCIIUR . There wa s no on present to addre ss the Co..ission . VII. DII£CTOI 'S CHOIC£. s ann need t hat a Public Hearing on th Stgn Cod will ul r ng of Oc t o r 3 . ld a t I . • • • The progress of the Housing TAsk Force and the i~Act thAt new ~rs co.ing in may have was discussed. Mr. Gerlick again stated that he would discuss this issue with MAyor Van Dyke, and will then talk to Ms. Tobin and report to the Co.1ssion. There was nothing further brought up for discussion by .embers. The ~eting adjourned at 8:00 P.M. Gertrude G. Welty Recording Secretary I • • • • • @ nglewood Public Library 3 4 00 S £l i ll St , £nqlt>wood. CO 80110 (303 761 -4 76) MINUTES Enqlewood Public Library Board Septeaber 19, 1989 (Poatponed froa Septeaber 12, 1989) 9 D The reqular aeatinq of the Enqlewood Public Library waa called to order at 7:35 p.a. by Chairaan Al Quaintance. PRESENT: Al Quaintance, John Peteraon (lett at 9:20 p.a.), Larilyn Aahlock, John Gray, Vir;inia Johnaon, Joe Rathburn, Bev Siaon REGRETS: Mary Dounay, Dorothy Totton ALSO PRESENT: Sharon Winkle, Director of Library and Recreation Servicea, Alex Habenicht, City Council Repreaentative to the Board, Lao and Mar;ie Lantach, Donna Gottber;, Recordinq Secretary. Roll call waa taken and a quorua declared preaent. Lao and Marqie IAntach, of the Fraternal Order of a9lee, preaented a check for $1000 to EnglewOOd Public Library to be uaed for the purchaae ot booka on tape. Tba 8o rd thanked Mr. ' Mra. IAntach tor their qeneroaity. • • - Library through the preparation of Goala. A Valuaa Report waa distributed aa prepared by Library Planner Lynn Roberta. Ma. Winkle aaked the Board to finalize the two "Looking Around" reports. 89-22 MOTIONt That the Board accept the Looking Around Report (Library) aa praaanted. Moved by: Virginia Johnaon seconded by: Joe Rathburn Diacuaaion followed with aoaa wording changea baing aada to the report. Motion carried aa aaandad. 89-23 MOTION: That the Board accept the Looking Around Report (Coaaunlty) aa praaantad. Moved by: John Pateraon Seconded by: Joe Rathburn Motion carried. 89-24 MOTION: That the Board accept the Long Range Goala docuaant aa preaanted. Moved by: Bev s iaon Seconded by: John Pataraon Motion carried. Ma. Winkle noted that the Miaaion Stata.ent had previoualy bean accepted by the Board. Ma. Winkle diatributed a packet of docuaanta au.aariain9 work to-data on the Library'• 1991-1995 Plan. She 9ave back9round on the docuaanta in the packet and quae tiona were anawerad by Ma. Winkle aa they aroea. lba aakad that the Board rev law the Valuaa Report and the Strateqic Direction& and qiva ca.aenta and aek quaatlona of the Plannln9 Ca.aitt .. and Lynn Roberta at the October .. atinq where all will attend. Thera vaa dlacuaaion on the May 1919 Reference larvic a aurvey reaulta. The strateqic Library knova "how to• p rt ith thia doc • rd. Dirac iona ia a tranalation aid, in that the vh 1 van • to do and thia docuaant quid • of the plannin9. Action atepe will be daval n , a on a Mlaaion and l • t n 8 0 CftCJ • • • Board &u4vet will •tand •• pre•ented, and a aeparate budvet will be prepared tor the Parka and Recreation Co.ai••ion • ... Winkle 9ave backvround on the late•t VUidelinea tor bud9et reduction•. All departaenta have been aaked to aake reduction•. Tbe Recreation Diviaion will aake cut• in paraonnel and proqr .... Tbe Library Diviaion will aaka cut• in paraonnal and aateriala. All reference •taff part-taa &~~Ploy-• will be cut to 20/hr•/vaak for 1990. Sunday boura in June, July and Auvuat will be eliainated. All part-taa ataff (except the aoo~ile Pave> will be liaited to 20/hra~. council will bave it• Bu41Jet .. treat on lept. 30 and oot. 1. Diacua•ion followed with revard to expenditure reduction and revanuu. Jobn Pateraon left at 9t20 p.a • ... Winkle noted that tba Library baa received an unaolicited Grant froa the John and catherine llacArthur Foundation in the fon of 5 aeriu of vicSaoa. 'l'be e•tiaatad value of the aateriala i• $7000. on ootobar 1 the Cbaabar of C~rce will ho•t a Buaina•• Fair. Tba City will bave a booth focuainv on tba City'• •Quality of Life. • llore 1nfor.at1on will be forthcoainv . • Winkle pva an update on the •~r a.adinv Provr-· 'l'bere vaa a 40t 1no .. in booU read, but only n aora children participated . A total of 11,551 booU vaa read • • llabeniobt pva a brief report on ~ication between ..,_rda and ec.ai .. i and City council. aakad for tboucJbta and froa ....n retardiiiiJ -thoU duipad to ~ OOI.Uiftication. - • • • • There waa no diacuaaion on the Statiatica1 Report for Auquat 1989. 89-25 IIO'l'IOH: That the Minute• froa the •eetinq of Auquat 8, 1989 be approved •• auaitted. Moved by: a.v Siaon Seconded by: Joe Rathburn Notion carried. The lloard thanked lla. Siaon for aervinv refrea~nta thia evenincJ. Jlaetinv adjourned at t:40 P·•· t-25-89 • - • CI RCULATION • • • @ Engle wood Public Library 34100 S E1•t1 St , £ng1f>w·ood , CO 80110 (303 -761 -41 376) SELECTED STATISTICS August -1989 (17, 25)* Ce ntral L1brary (lncl. in-house) 8ook110bile 22 ,792 5 ,527 3,909 ( 4,739) TOTAL: 24 ,41 0 (22 ,564 ) In llou se (Main ) DAYS OF SERVICl ( la in) (8 ) AVERAGE DAIL ( 1n ) (8~) TRAFFIC COU (. m ) (BKM ) na•• ( ) 2 J ) t.O 3b} 4 0 ) ~l,5 h l (~1,50) S , I ) 1,1 .. 1 , ? ) I 21) 7. <>4 ) -t ) II 101 1.: I ,172 (17 ,1 7) L: 1 • .1 ( l. 4 ) I 1.: 1 ) .. .) I • • • • -2- LIBRARY SPONSORED PROGRAMS AT CENTRAL Children's De~artment LIBRARY Class visits to Library Special Programs & films LIBRARY BOARD MEETINGS MEETING ROOM USE BY OTHER GROUPS LIBRARY SPONSORED PROGRAMS OUTSIDE CENTRAL LIBRARY Children 1s DeE!rt•ent Book.obile ~ry ti~s (incl. puppet plays) Book.abile Librarian's visits to classe Class visits to Bookmobile Puppet Plays CURRENT ACTIVE REGISTRATION VOLUMES IN COLLECTION LIBRARY MATERIALS Book s Re ords Ca ssettes Nicrofil• Co ~ t Oi H d~ca ette re ur r ' 0 20,943 ( 15,915) 105,591 (103,161) VOLUNES ODED 639 (sos) ( ) ( 2b) 'l ( ) ( 4 ) 21 ( 37) $ • 1.4 4 4 64 7 15 NUMBER ATTENDANCE ) 48 ( ) 6) 196 (302) 1) 10 ( 7) ( SO) SOl (396) ( 309 ( ) ( 1) ( 28) ( 10) 375 (268) ( ) (289) VOLI.J4ES WlllfDRAWN 239 (J24) 2 ( 1) s ( 16) ( ) ( ) 2 ( 1) ($-4, .. .4 5) ( ( ( ( ( ( ( I . CIIDDWI:Z NO. SI!2UES c. 1989-- • • • exu«:n. BILL NO. 33 IN1KilU:m BY CXU«:n. fe&lt~ 9 (e) M (R)IN!K2 APP10ri110 M IQtWtNr QWft'D«i M ~ f(R A S'l'RIX:'1UtE Drro M ~ PCRl'ICM C. RIQf'l'~~ Df '11iE 3200 IUOt ~ scxmt WYNo:7r S'lmZT J!X.l'I!IIB) Df '!'HE Cl'lY ~ DG.lHXD. IIII!REAS, becaWie of the existence of hie quarter eec:tion corners frcn WU.ch property can t:. dncribed, one u.ed by the City of !n;Jlewood and the other by the City and CI::Jwrty of ller1wr, the two oomer ~~Cm~~ente being ~ely twelve feet apart, ll\lXVey8 of the area do not neceeearily agree; and ~. a 1966 aw:vey utilizing the ~ oorner 110\~t wu ueed 1ofM!n the b.Uld.ing pendt -. obtained for the build.ing ion 3200 South 1\mi Stzwt. Cll,llewcoc!; and ND!'.AS, loob!n the !Xopetty surwyed in 1983 ueing the fn;Jlewood comer IID"'I.r'lll!nt, the ercor -. di!K'OY'ered ~ tN the balding hacS oonet.ructed into tJw public ricltt--of--....y in 200 Block of South wy~ St.net ~; and tii'J&\8 , tJw ecpedieott wy t.o eol thi 1 ei ion ia to CJr M -.:roiCtl..,t for the buildincJ of ra\ics, Inc. IIQ'o.ln • lnd 3200 South bi 1 f.:n9l em • • • Section 2. 'nle Mayor and City Clerk are authorized to sign and attest said Encroactnent Agreeueut for and on behalf of the City of &1glewood and Olunty Council. IntrociJced, read in full, and pused on first reading on the 18th day of ~. 1989. Publi8hed aa a Bill for an Ordinance on the 21st day of Sepl:.alber, 1989. ANd by title and PM.acS on final reading on the 2nd dlly of October, 1989. Publbhed by title • Ordinance Nc. _, Seri• of 1989, on the 5th dlly of Or:taber, 1989. Ptltrldi H. crw, City aerJt I, Nricia H. Cnw, City Clck of the City of llngl-.aod, Ooloredo, t.nby ~fy tMt the tcn.,Ding ia a tn. aapy of the ~ paaee4 on final n.d1nrJ and publi~Md by title • ~ Nc. _, leriM of 1919. Patr !eli II. crow I . • • • ENCROACHMENT AGREEMENT THIS AGREEMENT, entered into by and between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter referred to as "City," 3400 South Elati Street, Englewood, ., · Colorado, and ACCUTRONICS, INC., a Colorado corporation, hereinafter referred to as "Grantee,• 3200 South Zuni Street, Enqlewood, Colorado; WHEREAS, because of the existence of two quarter section corners from which property can be described, an error was made in the survey and the buildinq at 3200 South Zuni Street was constructed encroaching into an unimproved section of public riqht-of-way belonqinq to the City of Enqlewood in the 3200 Block of South Wyandot Street extended; and WHEREAS, the City and Grantee desire to resolve this problem by the City granting an encroachment over and across that portion of unimproved public right-of-way in the 3200 Block of South Wyandot Street extended; NOW, THEREFORE, the parties aqree aa follows: 1. The City hereby grants to Grantee, its successors and assigns, an encroachment over and across the uniaproved portion of the right-of-way in the 3200 Block of South Wyandot Street into which the buildlnq known as and numbered 3200 South Zuni Street encroach a, wh ch encroachment is l gally described as follows: o f he prop r y aa record d in Book 945, at of h record of the Arapaho County clerk er, nd d aer bed s follows: of he e of said Coun y o f h u 0 I • • • • 4. Thi~ Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF the parties have hereunto set their hands and seals as of the _____ day of , 1989. CITY OF ENGLEWOOD, COLORADO a municipal corporation By ';;s~u~.~.~n~v~a:-:n~Dy=k~e::--, -:::M;-::a~y:-:o:-:r:---- ATTEST: Patricia H. Crow, City Clerk STATE OP COLORA.DO COUNTY OF ARAPA HO E s . ACCUTRONICS, INC. a Colorado corporation By----------------~~~~~ President ATTEST: Secretary Signed b f ore me by Sus a n Van Dyk as H yor and at t es ed by Patric i a H. Cr o w as Ci y Clerk of t C1 y o~ ngl wood, Colorado, this ___ day of , 1 9. My Co.aiaaio n e xp i r es : STATB OF CO LORADO COUNT Y OF ARAPAHO as. o ary Public 3 00 s . h od, co - DATE October 2, 1989 INITIATED IY STAFF SCIUICE ISSU(JACTI. PIOPOSO • • ,. • COUIICIL CCIIUIICATION MED ITEII 11 (a) ~ECT Encroachment for Building at 3653 South Inca Street. Richard S. Wanush, Director of Ca..unity DeveloPMent Grant an encroac~nt for the existing building at 3653 South Inca Street, which encroaches less than one (I) foot into the public right -of -way for both South Inca Street and the Inca/Jason alley. PIDIOUS CUCIL ACTI. None • • • was not given on the pen.it. Mr. Pryor obtained a building permit for a 50' by 64 ' warehouse addition in 1964, and again, no setbacks were given on the pen.it. At s ... potnt when the 1961 or 1964 additions were constructed, the encroachlents were apparently •de and were not observed by the Building Inspectors. The encroac~nts are not visible to the eye and were not known to the seller, the United lank of ltttleton. By yranting the encroac~nt, the purchasers will be able to obtatn a clear Tttle and wi 1 be able to pursue the use of the property. Fl .... The City al-.ys beftefits ~ Property is utilized. The specific a.ount of taxes that will be realized 1s not k'"*'l at this ti•. <RlDWcE t«>. SPJUJ!S CF 1989-- • • • A BILL~ j/C0 AN <Rlll'W«:E APPRWn«; AN ~ CF A Pan'Ial CF A ~y BUW>II«i AT 3653 SX1Df D«:A S'DU!ZT, I'.JG.IHXD, cx:t.awx>. tiDEM, 'ftle East wall of a muonry building at 3653 South Inca Street in the City of Englewood, Color~, legally deecribed as Lots 13 and 14, Block 12, Englewood, Arapahoe County, Color~, was oonstructed 0.35 foot beyond the P:ut property line, encroaching in the public right-of-wy; and ~. 'ftle West wall of the muonry building at 3653 South Inca Street was ocnst:ructed 0.10 foot into the Inca/Jason alley right-of-vay; and ~, there is no practical way of X'elll:lVing the enc:roachi.ng portion of the walla without causing the property owner to f¥J to c:onaiderabl expense and inoonveni~; and ~, the encroactaent was not noted by the City inspectors at the ti• the oonst.ruct:ion was taking place; and ~, by the 9rant of an encroactnent, the aati•faction of all parties ClC!nCemed; , lWJtEKict, IT ~ BY '11£ CITY llN.iLIIIUJU, ~. 'ftfM': tled to I • • • Published as a Bill for at Ordinance at the 5th day of Ck:tober, 1989. PlltrlCla B. Ci'CIW, city Ciidt I, htricia B. craw, City Cl.-k of the City of lhJlMicod, ColorAI!kl, t.nby cwtify that the lbouw .-ad foragoing ia a true ocpy of a Bill for at ~, inUocb:led, 1-..d in full, and paued on fint reading at the 2nd dlly of Oct:aber, 1989. PatriCIA H. Crow I . . • • .. ENCROACHMENT AGREEMENT THIS AGREEMENT, made and entered into the day of , 1989, by and between the CITY OF ENGLEWOOD, ~C~O~L~O~RAD~~o~.--a~m~u·nicipal corporation, hereinafter referred to as "City,• and ROBERT W. ATKINSON II and SUSAN PAULINE ATKINSON, hereinafter referred to as •Grantees," the owners of certain real property legally described as Lots 13 and 14, Block 12, Englewood, Arapahoe County, Colorado, also known as 3653 South Inca Street; WHEREAS, The Ea s t wall of the masonry building at 3653 South Inca Street i n the City o f Englewood, Colorado, legally described above, was constructed 0.35 foot beyond the East property line, encroaching in the public right-of-way; and WHEREAS, the W st wall of the sai d building at 3653 South IncaS ree was cons ructed 0 .10 foo into he Inca/Jason alley right-of-way; and WHER EAS , ther ~s no practical way of remov ng th enero ching por ion of h wall s without causing h prop rty owner to go to cons~derabl exp nse and ~nconven~ nc ; and WHEREAS, inap c ora t b • l - n o n o d by h Ci y 1on wa s l king plac nd nt, he mat r w ll • cone rn d; • • • encroachment shall be terminated, and no longer shall Grantees use said encroachment. 3. Grantees shall maintain insurance coverage sufficient to satisfy any liability arising as a result of this encroachment and shall hold the City haraless from any and all liabilities arising from this action. 4. This Agree.ent shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first above vritten. CITY OF ENGLEWOOD, COLORADO a •unicipal corporation By "'s,..u_s_a_n--=v":""a-n~Dy=kr-e~,--:o:M~a-y~o~r:---- ATTESTs Patricia H. Crov, City Clerk STATZ or COLORADO COUIITY or AltAPA.HOE ••• GRANTEES: Robert w. Atkinson II Susan Pauline A klnson Sign d before by Su•an a Mayor and a t at d by Patricia H. Crov •• City Cl r y o n9l d, Colorado • hh _ day o --------• 1 It. NyC •don xpir • • • . .. .,~· .. ' BOUNDARY '3URVEY OF LO""PS I?~ 14, BLOCK 12, MAP OF ENGLEWOOD AM • A<? M£A0URCD P • N? PLAiTED 50UTH INCA 'STREET ( (pQ' ROW) =·· !-,. .• .J ~ CHte..Q.CD '+" \."' :-· ~-' . • J :::::::£) :......w:: F~z· AUIM CA,. ~~~ .. 14-('h"l :z , •• tD' • • .. • ESCROW INSTRUCTIONS w~~f4WAHCI CO#UAHY DiijWiliii, CJ) 10111 ,.,__ ... __ ~ 15,1989 DMe~l~S~IC~W~l~~~------- &a.w~-------------------- DIJ.ft U,500.DO ~ •n.. ~ tm ww::naJ-•t of aaildin9 anto City of DIIJ~'• F • llai4 ...... cwt-•t 1:1e1n9 8lan9 t:t. tlnkl'lqJKtY u .... of ujec:t ~· .s •. I-..-.,s.,._ar .-,.~r •-'··~ .,..,0 . ......,_ 'ftW ka title ~ ~ ill Nntl!r ~ to hold t:h8 --~ in • -il\mn.t bellrin9 8DO!M¢. on fK I:Jefan 1111y 15, 1990, •u. lh8ll daliwr • IIIIUDlutian abtain8d fn:a tt. CitJ ~ ~ to Tr• rica title INur".-~ to noxd. --~ of t:h8 Jllmlutian, 'ft-ka title n--.... ~ b henby ~to ZWbKn t:h8 $2,500 .00 to t:h8 ..u.. Q\i-.d ... of Littlatan . If t:h8 --ilwtl'llctJaw--~with by lilly 15, 1990, '!nl IE I ka title x-~ ill ~ ~ to zwtmn t:h8 U,500 .DO to t:h8 purt:hua'8, ~ w. Mltu-II ..S .._ ..w.in8 ~ • .. _ c.. ......... ~~-........... I 1517 1534 :~~~-~==------------------;,vE~E • II , J I I -- - --... - - •• ··:.: •• 1 • 8 : ·~~~ !!': . 11'1 I :I II\ .. - I I -u :~.; .. . .,.. ... _ ··-J I -,.; ./ . , i .. I i •' i I I ., I .. .It • .. ., • I , I I ,, 1.• ,. I I , , ,.. • • • _( ,,, " ! W I THACA AVEN :.J E -t,.---L ..>& __ : ----:. ----~ DAT£ October Z, 1989 IIITIATED IY 15MJACTI • ..OSO • • .. - CCIUIIC ll CCIRIIICAT IC* MIEimAITD SUI.J£CT 11 {b) Council Mellber Clayton Roger Fraser, City Manager Food Vendor Ordinance •ndllent Under the exhti"9 [ft9lwood Municipal Code, food vetldift9 or peddling is prohibited . Thts ordinance will provide for a process to allow for food vending in Ctty Par s and durt"9 special events. Proposed action ,...._sted is to adopt the proposed ordinance llltltch establishes the procedu,.s by llltltch a food vetldor could receive a pen1it to operate wtthtn the City of [ft91wood . PIOIM CCUCIL ACTI. The City Counctl ,..vtewd thh ordtnuce at t Sept STAFF YSIS T 1s ordinance ld allow for t t s (as per.ttted) • thtn [ft91 Code . r Zl, 1919 study s sio _( -• • • 'YCIIII- Though the current Code does not allow for food vending within City parks and at special eveats, there have been unlicensed vendors at so.e activities . In so.e cases they have been shut doMn, in others they have been allowed to reaain . Enforc..ent of this Code provision has resulted in loss of so.e desirable activities in Englwood and s.._ to be fairly stringent in ter11s of acc~ation of special events. FIIMICIAL Direct financial i~~~NCts to the City are •ini•l . The increased activity by Ci ty staff in tending to the per~~itting process would be negligible, while the enforc..ent aspect is difficult to quantify without having so.e experience to justtfy any calculations . Ho.tver, should food v.Rdtng result in inord i nate a.ount s of staff effort, 1 per~~t t f" structure could be i ~~~tle.nted i n the future to cover the associated costs . { I • • • - A BilL 1't1t !I CXUCIL BilL t«>. 35 Dt1iUXJCfD BY CXUCIL .-_____ _ ,.. (R)DINI:E JIDIBALDI; ., RfZIIIIC'l'Dii aiN"l'mt 4 (E TI'DZ 5, JN'iiJMXD IIJIICIPN, aD 1985, RflA1"'lC> 'ft) POCD IELlVI!RlC VPJITC.fS IH> POCD VDilC:MS. A&&!ftS, the pceaent: pE'Ori.sioos of OYpter 4, Title 5, EngleMOOd lbliciplll Oxt! 1985 pcchibit 'lllll!ldlr1l fral aelling, offering for u.le, t..lkinq, peddling, or distributing food (ZOCb::ts p!1!plll'ed and pE'0088.ed for ~ CX1n11Q111Jticn directly to citi2ens ,._, had not pEeViously ordered a.!!; and AD!'.M, it u desirous to pm:mit oertain licerwed food vendors to aell such i~ to pencns W\ile enjoying the facilities of parka and oertain st:reet.s in this City; .. , nmracz, BE IT ~ BY TIE ern CXUCIL fE 'DE ern fE I!JII'Z.NXO, IXIIIIIIDO, 1BIIl'l': Slction 1. Owlpt.er 4, Title 5, Eng~ lbliciplll Qlde 1985, ia hereby repealed ana raenact.ed to z:Md -folla..: 5-4-1: POCD IZLIVI!1a VI'JIIa.fS Mm PCO> VDIXItS A. a."IWI'fli 1. ~~-...-y led dl!rice in, ~ cc tl¥ W\ldl ..., 2. ). 4 . penon cc taC4*ltY is ex -.y be tr..,.....ud cc ~ ~ publlC .ueet:a, Utellp«!tiW of ...-oe tbl to prc:.pel Mid wtU.cle -.y and ir~u of 1s Mid cle. • I ) I . • • ,. • 6. Other confection procb::ts aean nonalcoholic drinks, candy, g~.m~, etc. 7. Street liMnS the entire width between the t:xlundary lines of every WI)' publicly IBint.ained 1lt1en any part thereof is cp!n to the use of the public for puxposes of vehicular travel or the entire width of every way declared to be a p.lblic street or hici-Y by any 1., of this state or any ordinance of this city. 8. Sid!Mll.k or sid!Mll.k area-that~ of a publicly -.inta1ned or dec:llln!d to be a public street or hici-Y by liiiT'J 1., of this stat.e or any !Zigla«lod ordinance bebeen the curb lines or the lateral lines of a roatMiy and the adjacent pr:opa.t:y lines Lttended for U8l!d by pedestrims. 9. P'or the purpoee of this title and chapter ally, city parka - any part. OMned by this city far use of citizene, includinq the -nw.y. and fountain area of the !Zigla«lod Plaza and -nw.y. and bike paths of Little Dry Creek Flood Plan. B. Pal) I'IOlOCT SAU!S PlOt V!HICLP.S Nil) t«::f..!l{lC[E STNilS. It shall be unl.IWful for any ~801JS to aell, offer far sale, pecir:Ue, t.a, or dbtribute any food pr:ocb:ts, ice ocnfectian procb:t.s ar other ocnfectian procb:t.s pr:wpared and pli'JC"Brd for ~ CXXIIIUIIPtic.n fral vehicles or I'ICIM!!hicle .unds m any street, alley, or other public place in this city eliCept as f o llows: l. Deliveries to a <Mllinq as the result of a pdor order thBefar IMde by the~ of wry dilelling. 2 Dell veri by 1 icl!!lwed busi.rlenn of food pcocb:ta to -.pl~ of .....-:tc &1 etrtlbl , OCliWt.na:tian aitae lnd ~1&1 etrtlbli-~ 3. 1. 2. I . • • • 3. Ed\ lioenllee is required to obtain authority to cperate in accordance with lii!Plicable state statutes -adillinistered by the Arapahoe CDlnty Tri-<Dlnty Health ~-It is \mlawful for llnY perBOn to aell or diapense food procb:t.s under this title In! chllpter without appropriate aut:hcrity fraa Tri~ lleal.th ~. Arapahoe County. ' 4. In addition to the for'erJOin:J In!~ -pEOVided in Sectial 5-4-2 Ill:, the prorisiaul of OYpter 1 of Title 5 of this Q:de will IIFPlY t!KliiPt that licenees granted under this .ctial are not uw•ferable. D. LLoeN e r llball not violee llnY traffic ~ cr partd.ng ~. nor llhall tlwy hindiJr cr c:DUw:t l1l:lm8l business activities in llnY ~lie place, In! llhall CCIIIPlY with lilY regulaticns by the City Nllwl)er i.rlpl~in:J tb.is Title In! OYpter. A. ~ wncb: liOI!!niii!S for di.lpl!nsin:J food ~ under tb.is chlpt;er: in the city pcb llball be~ fer i..ae ~the City .... yr •• dr!ta'rlinatiat t:bat the ~le --* ..:! ~ of the .-n p11t:n1na are not being .t ..:! that the gr.,ung of .w:h li.cawe will net be ctetr~ to the ufeey of the putt cr plldt petraw. It is Wll..tul fer L.i.oel•! !I under this -=ti.a\ wnd food en ~lie ..:! ai.,...llar. •• In the the li~ IIFP!icant cti..N:Jreea V1th the C1 ty .... j •• dften~liNit.U:~n to dlny such lu-.e, he tw. fi..tt.. (lS I ~ dllp to fil • ...-I with the llngla«lod L1.cpx &.M:-- Jiuthadty {IIU) fer • ~ing to deteali.ne Whllt!llll' niMCINb.le ..:! of the ~ pllt.rOIW ... t.ing r-:b ..:! plft pat:rcna ~d ..... ..,.n.s Wen ot the I!UA i.a final. 11 I I . • • .. • I, Patricia B. Crow, City Clerk of the City of fil9lewood, Oolorat:k>, lwreby certify that the moue and foregoing is a tl:ue <Xlpy of a Bill for i!ll ~, iDt.rodllced, D!lad in full, and paaed on first reading an the 2nd day of Ol::tctJer' 1989. -·- I • • • DATE --ITDI ~nded Resolut;on for lease of Englewood October Z, 1 tl9 11 (c) Greenhouse IIITIATD IY Public lllorks Depart.nt Kells Ma~J90Mr, Director of Public lllorts lsaE/KTI ....... COUftCil ..,rove ResoluthMI -.ding previous Resolution for lease of Greenhouse Property. PIIYI ~IL KTI• COUftCtl ...,rowed Resolution llo . 41 , Series of ltl9, concerning lease of City GJ"eeflhouse Property. STiff -.YSJS l ase sttll protects t City atat•st pot ttal loss and is befteftcial to t Ctty . red • 110,000 ,.rf.,..lftC. t ........ ,..,, a perfo I I • RESOLUTION NO. £;;;_ SERIES OP' 1989 • • • J/~ A RESOLUTION AMENDING RESOLUTION NO. 41, SERIES OF 1989, COHC~IMG LEASE OF CITY GREENHOU S E PROPERTY TO DESIGN FLORAL SCHOOL, INC. FOR SCHOOL TRAINING PURPOSES FOR A PERIOD OF ONE YEAR. WHEREAS, the City previously passed a Resolution approving a lease with Floral School, Inc., trade name for Equestrian Services, Inc., a Colorado corporati o n, to lease the City greenhouse facility to conduct school training; and WHEREAS, the School, as part of the lease, was to supply a performance b ond to cover possible default on its part in f urnishing the horticulture nee d s of the City; and WHEREAS, the School was unable to get a performance bond for a reasonable pre iua and requested other arrangements to secure the City's interes ; ROW, TR~FORE , 8~ IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GLEWOOD, COLORADO, THAT: Section 1. Th revis d Lea e betwe en the City of Englewood and Design Floral School, Inc ., trade name of Equestrian Services, I nc ., a Colorado corporation, for a period of one year is hereby approved. A copy of said Lease is ttached hereto and incorporated herein by r terence. T . ~ yor and C~ty Cl rk ar h reby au horized es said as f o r and en alf o f .e C1ty of ' { • • • .. - COMICERCXAL LEASE PART I -GENERAL PROVISIONS 1. Parties. The parties to this lease are the CITY OF ~EWOOD, a COlorado aunicipal corporation, 3400 South Elati Street, Englewood, Colorado 80110, the Landlord (or Lessor), and DESIGN FLORAL SCHOOL, INC., Trade Naae of EQCESTaiAa SERVICES, INC., a Colorado corporation, 3001 S. Federal Blvd., Denver, Colorado 80236, the Tenant (or Le••->. 2. Space Leased. This lease covers approxiaately 1 1/2 acres located on Union between Santa Fe and Federal Blvd. and includes two buildings presently known as the City of Englewood Gr-nhouse and Nursery Facility. 3. Tera of Lease. This lease runs for a tera of twelve months starting on Septeaber 1, 1989. 4. Signs. The display of signs visible outside the Tenant's space is governed b ,y the following rules: 1. Current signs v111 be replaced at Tenant cost to a s1ailar style as presently exists. •• b. P AltT II -llE1IT TEIUIS is s a new lease. v1ll be responsibl 11 es and all oth -1 - all • I • • • • r "" 11 ,_ 17. c. Tenant shall allow Landlord to keep up to 300 trees and shrubs in a holding area in the rear of the property. Such area cannot exceed 1/2 of the leased property without prior consent of the Tenant. Tenant shall provide water to such trees and shrubs but will in no way be liable for loss or daa.ge unless through negligence of Tenant. Insurance for the trees and shrubs, along with any Landl o rd personnel required to be on the premises, is the responsibility of the Landlord. 2. Use. Tbe Tenant will use the space for vocational training of horticultural students as outlined in its curriculum as approved by the Colorado State Beard for Community Colleges and Occupational Education. The Tenant agrees to get advance written permission fro he Landlord for any changes in the use to which the space is put. T.ere shall be no retail sales from this space. 1. 2. 3. 4 . l. PART III -REPAIRS ASD ALTERA 10 ·s ConcUt1on occupat1on x c and grad1ng of The pr 1s s are r ady fer La dl c rd w1ll pro 1d general cleanup 1ses pr1or to occupancy . s1g s, equ1pmen , shelv1.ng, the Tenant re a1n property of attached. H ver, t e caus d by 1nstalla 1on o r nh e to d , -• • • aanner connected with this Lease. If such injury, loss, or daaage is or is clai.ed to be caused in whole or in part by the act, oaission, or other fault of Tenant, or any partner, officer or e.ployee of Tenant, Tenant agrees to investigate, handle, respond to, and to provide defense for any such 1 ability, claias or deaands at the sole expense of Tenant and agrees to bear all other costs and expenses related thereto, including court costs and reasonable attorney fees. l. Tenant shall on the first day of October 1989 deposit with the City the sua of Twelve Hundred Dollars ($1200), then, on the first day of each aonth thereafter, for the tera of the lease, shall deposit Six Hundred Dollars ($600) with the City. The accunulation of funds shall not exceed Seventy-eight Hundred Dollars ($7100) and will be refunded to Lessee upon teraination of the lease if there is no default on the part of Lessee. 4. If Tenant defaults, Landlord can keep the utility deposit, if required, and any crops in process in the greenhouse. Tenant will be liable for returning the pre ises to their original condition. S. Tenant is qualified to do business in the State of Colorado. 6. Th s leas will be go rned by the laws of the State of COlorado. 1. If Landlord and Tenant beca.e adversar ies in any proceeding inwolwing this lease or th Pr ises, the losing party •9~ • to rei~ur• wtnn r for a t o rn y•s fees. nd aodtf ca 10 • s be wr ttec and Da • • DATE October Z, 1989 IIUTIATtD IY STAFf SCUlCE ISSUE/KTI. PDOSED • • - Sl&JECT 11 (d) Engle.ood Water l Sewer Bond Stewart Fonda, Utilities Depart.ent .1 Mobile Belt Press Unit The Englewood Water and Sewer Board rec~s Council approval by •tfon fort e purchase of 1 .ob1le belt press unit froa Enviroquip, Inc. This approval s necessary for any capital purchases over SZO ,OOO. PIEVICIUS CCUitll KTI• Approved purchase of 1 h• s 1 udge barte , the i" t t ia 1 port ton of the a lua s 1 ud9e ,....val process. stAff -.nJs uttl fties Mp& press 11ft ts . There Manufacturer rs rs t staff sted proposals for nt proposals sublttted: Cost SZ41,000 SZ65,4ZO SU7,750 Sl74,617 Sll6 ,000 $157 ,000 uu.ooo s 75 ,000 le lt I I • • . . • r .., ·""" I -/J • Alu. sludge is c1using the w1ter qu1lity of the reservoirs to deteriorAte to the point th1t it is Affecting our tre1t.ent capAbilities. There is currently &pproxi~tely JO aillion g1llons of 1lu. sludge stockpiled in the reservoirs with the plant Producing 1 aillion gallons annually. Washwater sludge is accu.ulating in the washwlter reservoir and is reaching aui-capacity. Alu. sludge is 1n extreaely difficult substance to dry or haul without first reaoving the water fro. the sludge. A 110bi1e belt press unit is needed to dewater the 1lu. sludge fro~~ the north Reservoir and the wuhw1ter reservoir. A belt press operates by COIIpressing the liquid sludge through 1 series of rollers and belts enabling the w1ter to be separated froa the sludge. The washwater reservoir, once cleaned, will becoae 1 sedi .. ntation reservoir/washwater reservoir. A sedi .. ntatfon reservoir would Alleviate quality probleas that are occurring on an increasingly frequent b1sis. FIIWICJAI. Enviroquip, Inc., bid the 6-aonth old belt press at Sl57,000 and .. tall the required specifications. I I I . . '1'0: FROM: DATE: RE: r "' City Council Rick DeWitt. City Attorney Septeaber 27, 1989 • • • City of Englewood vs. R. D. Andersen t7. In the above aatter, the City sued the contractor over construction of the recreation center in order to settle the aatter, that is, to resolve the outstanding issues. There vas great concern about beaas, roofing and the like. When experts vere called in to analyze the alleged defects, it vas deterained that the cost and daaage were not as significant as first thought. In any event, the aatter has been tentatively resolved and attached is a ~•lease and Settle .. nt Agre ... nt. ~. o. Andersen shall pay the City the sua of .7.500 and shall surrender to the City Andersen's rights to the r tained funds in the a.ount of tl0,551.56. Overall, I believe that this is a reasonable settl nt. Ny r·~~•ndatlon Is that this ttl under t City Attorney's sec ion. , Ci y • Ci y M nt appro d by 80tlon I , I . • • • r .., ·" /J RELEASE ANP SETTLEMENT AGREEMENT THIS RELEASE AND SETTLEMENT AGREEMENT (•Agreement•) is entered into by The City of Englewood, a Home Rule Corporation (hereinafter •Englewood•), and R.D. Andersen Construction Company of Colorado, Inc., a Colorado corporation, and United States Fidelity and Guaranty Company, a Maryland corporation (hereinafter jointly referred to as •oefendants•). WHEREAS, the above-named parties desire to settle all the disputes between thea relating to the construction of the City of Englewood Recreation Center and Civil Action No. 88 CV 3142, Arapahoe County District Court, State of Colorado. NOW, THEREFORE, for good and valuable consideration, including the representations, warranties and covenants contained herein, the above-naaed parties agree as follows: 1. Defendants shall pay to Englewood the total sua of Seven Thousand Five Hundred ($7,500.00) Dollars. 2. Such sua shall be due and oving at the t iae th ia Agree ent is fully executed. l. Plaintiff currently baa in ita poueaalon a reta l nate of Ten Thousand Five Hundred Fifty-Eight Dollars and Fifty-Six Cents (510,551.5') for disputed work at the Englewood Recreat ion Center. Defendants surrender and reluse all claiaa to any and all retainage for said project. •· Upon execution of thia Agreeaent and receipt of t • payaent set forth above in paragraph 1, EngleVOOcl 111 stlp l ate to disaiaa this act on, vith pce,udtce, each r y to ar t r ovn attorneys• fees and costa • .. I • • • r ""' /t I IJ. . •. the date of tbia Atr nt ariaint out of or in connection vit the affalra anc5 :inc5ebtec5neaa of the partlea relatint tot property ca..oalr known aa Citr of Entlevooc5 Recreation Center, lncludlnt all clal a and defen••• (vhlch can be conatrue4 aa clalaa) de or vblcb could bave been aade ln any action in vblcb anr one or aore of tbe partie• above na .. d la a party, lncludht vit t Ualtatlona !5MltyOP4 ya. R.D. AIMitrH•· et; &1&. Civil Actl • 11 cv 1142, Arapahoe Countr Diatrlct Court. I. Y e pertlea above-DAIMCI, an4 each of th•, repreaent and warrant that each baa the rltht, power and authority to eaecute t ia Atr .... nt. ~be partlea, an4 each of thea, further repreaeat warrant that .. cb baa eaclualwe right to proaecute and coaproalae the clalaa rel ..... by tbla Atr .... nt and that none of .. id clalaa haa been aold, aaaitn..t, conveyed or other- viae traaaferred. 7, lacb of t be above-DAIMCI partlea and/or their coanael have received and reviewed tbia Atr .... nt aacl atree that anr rale of conatructlon to the effect aabltaltiea are to be reaolved atainat the draftint party aball not apply in the interpretation of tbia Atr .... at or anr ... ndaenta or eabibita hereto. I. ~bia Atr nt eapreaaea the full, final ud co.plete aettle at of t clal .. of the abowa-naaed partlea, .. c of t ea, and • all not be de .. ed or treated •• an adalaaioa of llablllty or reapooalbllltr by t aaderaltned or aayoae for aar eweata, actlvltlea, acta or oalaalona. Ybla Atr t a 11 not be d to be ewldence of t ealateoce, ture or ..... t of d•••••• alleted by aar partr erato, aa all parae ta aade re r are la roalae oalr tQ awoid f rt r lltl .. tlon. ( • - • • I c Tl I - • • • AGENDA ITEit __ ~ED IY y '(' \, n •---------- • - -• • • • PRESENTED IY -- ~ v--- ~r ~---- a 4?d ~ r Jo! . "·------- ( I • • • ( A6EJI)A ITDI ----msoom av • • • • ( AGEIIlA ITEit - ifJ I =-------- I . . TSa ------- • • • ( AGEJI)A ITEM PRESENTED BY rk~m ~ fd;~{';_;:aP !! (/ ~r th-m>. ;f'dt_~~f f../ ke__/ !?) /CC 9/-( r/~· .) ./ ~ /' (/"""' ~-~ /.7 I . • • • • -----. -. AGEJI)A ITEM --PRESENTm BY ---- TJ I . • • • AGENDA ITEM ~ tJ...._j PRESENTm BY ----- . ,-. • - • • AGENDA ITEM l6 PRESENTED BY 7 • • • AGENDA JTEJt ;? c PRESENTm BY I . • • • AGElllAIT .. _ik PRESENTED BY I . • - • • AG .... JTEM -4 PRESENTED BY ---- I . • • • AGEIIDA ITEM 72 a.. -ci_ PRESENTm BY • • • AGENDA ITDt -----PRESENTED BY • • • , ..• L- TJ t ===------- I . • • • • AGENDA ITEM d C{_) PRESEHTm BY _)r I . . • • • PRESENTED BY ----- -• • • f!!t~, ~ v: /0· ( ~ ~-1!/ //) ~. ~{/-'.:J' ~?. 1 I . • • • , ..• ...... m./IL PRESEHTm BY nu (~ L----'' ~(/~ / ?~ q_ ~ v(_ 0/!-~1'0 ~,..--z:..z .--? ~ ~ L G I . • - • • • • • ...... HEN~ PRESoom ov lj_Jcz ~ I 7 C) z-, k}?A--0 :;{L: >1 ??!; ~-~ ~ n____/ '---f, 3 a ( c:..r c e-• 7' -/'_ J ~/ ~ 0 !:/ <-c. I • • • I . • • • A&OOA ITDI --PRESEHTm BY ---- ~~o CJoo / a3qcoo _s-~ ~ ') (! -. y J v 'I Y' 2_ I . • • • • AGENDA ITEM _ - Tl '-----==-= • • • • ASEIIIA IT'" J)d wr:-s; Y 1 u '7J1 ~'_&_ ~ 4L4-<V (,{ /}?_4 ~ ? ./ 4_()-e{.. '-' / . r)i"' (.(_ ;:> / d. ...r-~; / 1--ACI~ ;,o I . • • • • AGENDA ITDI ----PRESENTED BY I . -• • .. • AGENDA JTE" l ?t. {A._ PRESENTED BY --- -------<t /' t7( ~ 0 K £J a11dt/(_<} o'-7\_ ~--hu &-d!ev t • • • -------------~--------"-------- PRESENTm BY n I . • - • .. •• •• PRESENTED BY • n , ---------------- I . - • • • • • 5r 777-d-:.3o ~-~ -;6. d aA-f • I . • • •• v r- . ;,r TJ • --~-----;-----~7 ___ _ I . • • .. ' . • ..